USA > New York > New York City > Abstracts of farm titles in the City of New York, between 39th and 75th streets, east of the Common Lands, with maps > Part 19
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GEORGE REMSEN, DANIEL LUD- LOW and REM P. REMSON, Trustees as aforesaid, to JOHN JONES.
DEED. Dated 13th Mar., 1796. Ack. 2Ist Mar., 1796. Rec. 13th Oct., 1803. 65 Conveyances, 363. Considera'n 20 shillings.
RECITES above act and proceedings and conveys same prem- ises with same reservation.
Thus John Jones became seised of the whole of said ninety acres, part of the farm in question. The rest of said farm was derived by deed from the City as follows :
The Mayor; Aldermen and Com- monalty of the City of New York to JOHN JONES.
DEED. Dated 27th Jan., 1800. Not recorded, but recit- ed in 482 Conveyances, 207.
298
THE LOUVRE TRACT.
CONVEYS all that certain piece, lot or parcel of the Common Lands of the said party of the first part situate in the Seventh Ward of the City of New York, and described in the survey and map or chart of the said common lands filed in the office of the Clerk of the City. Bounded in front to the Northwest by the public road or highway commonly called the Post Road, as the same is lately laid out, and in the rear to the Southeast by the land of said party of second part, to the Northeast by other of the said common lands lying between the lands now or late of Dickson, Stockholm & Co. and the said Post Road, and on the Southwest by other of the said common lands now in the possession of and granted, or intended to be granted, to John Hardenbrook. Containing thirty-three acres and one- fourth part of an acre. Subject, however, to certain yearly rents.
These rents were commuted and released by instrument dated 18th November, 1846, and recorded in Liber 482 Con- veyances, 207, in consideration of $683.29.
John Jones, being thus seised of the whole of said farm, died on 29th September, 1806, intestate, leaving him surviving Eleanor Jones, his widow, and
I. Sarah, wife of Peter Schermerhorn.
2. John Jones.
3. James I. Jones.
4. Frances M. Jones, who married Edmund H. Pendleton in January, 1811.
5. Isaac Colford Jones.
6. William Henry Jones.
7. Eleanor Margaret Jones, who died in January, 1814, in- testate, unmarried and without issue.
299
GENERAL TITLE.
IN CHANCERY. Before Chancellor.
PETER SCHERMERHORN, JR., and SARAH, his wife,
vs. JOHN JONES, JAMES I. JONES, ED- MUND H. PENDLETON and FRANCES MARIA, his wife, ISAAC COLFORD JONES and WILLIAM HENRY JONES (an infant by JOHN JONES, his guar- dian) and ELEANOR JONES.
29. Bill for partition filed.
1814-June July 15. Order on petition of infant, appointing John Jones guardian ad litem of Wil- liam Henry Jones. Answer filed.
July
15. Answer of John Jones, James I. Jones, Ed- mund H. Pendleton and Frances Maria Pendleton, his wife, and Eleanor Jones, filed.
July July
15. Answer of Isaac C. Jones.
15. Order of reference on rights of parties, title, etc.
July
15. Master's report filed.
1816-November I. Decree of partition entered, appointing Joshua Jones, Francis B. Winthrop and Isaac Jones Commissioners of Partition. 8. Commissioners' report of partition filed. They divided the premises into six lots, allotting them as follows :
Lot one to Sarah Schermerhorn, whose share was charged with the pay- ment of $2, 123.591/2.
1817-July
300
THE LOUVRE TRACT : GENERAL TITLE.
1817-July
S. Lot two to James I. Jones, whose share was charged with the payment of $71.091/2.
Lot three to John Jones, whose share was charged with the payment of $6,222.65.
18IS-October
Lot four to Isaac Colford Jones. Lot five to Frances M. Pendleton. Lot six to William H. Jones. Final decree of partition entered. 8. Decree enrolled.
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ESTATE OF JAMES 1. JONES
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Cometary of the Hewas & Descendants of ann Hardenbrook, dec°.
SUB-DIVISION NUMBER ONE OF THE LOUVRE FARM.
Sub-division number one (No. 1) was set apart to Sarah Schermerhorn, and is described in the said Commissioners' report in suit of Schermerhorn vs. Jones, as "situated, lying and being in the Ninth Ward of the City of New York, be- tween the after-mentioned Third Avenue, leading to Harlaem Bridge, and the East River. Bounded Southeasterly by the East River, Northwesterly by the Avenue distinguished on the City map, made by or under the direction of the Commissioners appointed by an act entitled, An act relative to improvements touching the laying out of streets and roads in the City of New York, and for other purposes, passed April 3, 1807, by Third Avenue, Southwesterly by land and premises now or lately in the possession of the Widow Hardenbrook. and Northeasterly by lot (No. 2) number two of the said premises, so by us divided as aforesaid, and more particularly Butted, Bounded and described as follows, that is to say : Beginning at the South- easterly corner of the said premises, so divided by us, on the East River, at the said land and premises now or lately in the
302
SUB-DIVISION NUMBER ONE
possession of Widow Hardenbrook, and running thence along the division line between the said land and premises now or lately in the possession of the Widow Hardenbrook and the said premises so by us divided, from the East River to the Third Avenue, the courses and distances as follows, to wit : running from the said place of beginning first North forty-eight degrees, West seven hundred and twenty-two feet; then North forty-six degrees, West two hundred and twenty-four feet ; then North forty-five degrees, West four hundred and fifty-five feet ; then North forty-eight degrees, West four hundred and thirty feet, and then North fifty degrees and thirty minutes, West nine hundred and forty feet to the said Third Avenue, at the dis- tance of ninety-six feet from the Southwesterly side of the street distinguished on the City Map aforesaid by Sixty-eighth Street ; and thence running Northeasterly on and along the Southeast- erly side of Third Avenue three hundred and fifty-six feet and eight inches, crossing Sixty-eighth Street to the street distin- guished on the City Map aforesaid by Sixty-ninth Street ; then Southeasterly on and along the Southwesterly side of Sixty- ninth Street to and across the Avenue distinguished on the City Map aforesaid by Second Avenue seven hundred and ten feet to the Southeasterly corner made by the intersection of said Second Avenue and said Sixty-ninth Street : then Southwest- erly on and along the Southeasterly side of Second Avenue seventy-seven feet four inches ; then Southeasterly on a parallel line with Sixty-ninth Street and at the distance of seventy-seven feet and four inches Southwesterly therefrom to and across the avenue distinguished on the City Map aforesaid by First Avenue seven hundred and fifty feet to a point or place on the Southeasterly side or line of the said First Avenue at the dis- tance of seventy-seven feet and four inches Southwesterly from the Southeasterly corner made by the intersection of the said First Avenue and Sixty-ninth Street ; then Southwesterly on and along the Southeasterly side or line of the said First Avenue
303
OF THE LOUVRE FARM.
two hundred and thirty-eight feet and eight inches to a point or place on the said Southeasterly line or side of First Avenue fifty-five feet four inches Southwesterly from Sixty-eighth Street aforesaid : thence Southeasterly on a line parallel with Sixty- eighth Street and at the distance of fifty-five feet four inches from the Southwesterly side thereof seven hundred and seventy feet to and across the avenue distinguished on the City Map aforesaid by Avenue A; then Southwesterly on and along the Southeasterly line or side of Avenue A ninety-five feet four inches to a point or place on the said Southeasterly side or line of said Avenue A fifty feet Northeasterly from the street dis- tinguished on the City Map aforesaid by Sixty-seventh street ; thence Southeasterly on a line parallel with Sixty-seventh Street and at the distance of fifty feet from the Northeasterly side thereof to the East River; and then along the said East River as it runs, crossing Sixty-seventh Street, and being three hundred and thirty-seven feet, measuring the same on a line at right angles with the said last-mentioned street, to the said Southeasterly corner of the said premises so divided, to the aforesaid place of beginning. Containing, inclusive of streets and avenues, twenty-one acres, three roods and two perches of land, according to the survey and map aforesaid made of the said premises under our direction as aforesaid."
Sarah Schermerhorn died on 28th April, 1845, intestate, leav- ing her surviving her husband, Peter Schermerhorn.
I. John Jones Schermerhorn,
2. William C. Schermerhorn.
3. Edmund H. Schermerhorn,
4. Peter Augustus Schermerhorn, her only children and heirs-at-law.
Peter Augustus Schermerhorn, one of said children, died on 6th May, 1845.
304
SUB-DIVISION NUMBER ONE
Last Will and Testament of PETER AUGUSTUS SCHERMER- HORN.
Dated 27th Mar., 1845. Proved 28th May, 1845. 91 Wills, 296.
GIVES to his Executors and Trustees out of his personal estate an amount equal to the sum of $30,000 multiplied by the number of children (including posthumous children which may be living at the time of his decease), to be held in trust as therein provided, and then makes the following devise :
" All the rest, residue and remainder of the estate, both real and personal, which I shall be seised, or possessed of, or in any way entitled to at the time of my decease, I give, devise and bequeath unto my said beloved wife, Adeline, to have and to hold the same, as to the real estate, unto her heirs and assigns forever, and as to the personal estate, unto her executors, ad ministrators and assigns forever ; and in view of this bequest and devise I rely upon the parental affection of my said wife to maintain, support and educate my children in a manner suit- able to her means and their station at her own expense until they shall receive their shares of the amount above bequeathed unto my said trustees, or respectively attain lawful age. *
* The provisions hereby made for my said wife, being intended by me, and is to be accepted by her, in bar and lieu of all dower, right and other claims which she may have upon my estate, either real or personal."
JOHN JONES SCHERMERHORN, EDMUND H. SCHERMERHORN, WILLIAM C. SCHERMERHORN and ADELINE E. SCHERMER- HORN to
PETER SCHERMERHORN
DEED.
Dated 22d Sept., 1845. Ack. 23d Sept, 1845. Rec. 3d Oct., 1845. 463 Conveyances, 538. Consideration, $5.00.
305
OF THE LOUVRE FARM.
CONVEYS the share, purport and portion of the said par- ties of the first part, and of each of them, of, in and to all and singular that certain farm, tract, piece or parcel of land, com- monly called and known as the Louvre Farm, situate, lying and being in the Twelfth Ward of the said City of New York and on the Easterly side of the Third Avenue, being part and parcel of the real estate whereof the said Sarah Schermerhorn, the mother of the said John Jones Schermerhorn, Edmund H. Schermerhorn, William C. Schermerhorn and Peter Augustus Schermerhorn died seised or entitled to, and which, upon her death, descended to them as her sole heirs-at-law, in equal por- tions or shares.
Last Will and Testament of PETER SCHERMERHORN.
Dated IIth May, 1849. Proved 8th July, 1852. 104 Wills, 309.
Testator appoints his three sons, John J. Schermerhorn, Ed- mund H. Schermerhorn and William C. Schermerhorn, and his friend, Edward Bancker, his executors ; and subsequently provides as follows :
" Whereas my deceased son, Peter Augustus Schermerhorn, departed this life shortly after his mother, my late lamented wife, having, before the illness of my said wife and when him- self in failing health and without any prospect of surviving her, made and executed his last will and testament, whereby, after making a pecuniary provision for his three infant children, he bequeathed and devised to his wife, Adeline E., all the residue of his estate, both real and personal, whereof he might be seised or whereto he might be entitled at the time of his death, mean- ng and intending thereby, as I have no doubt, and as it was perfectly right and proper for him to do, to give back to his
306
SUB-DIVISION NUMBER ONE
said wife the bulk of the large fortune which he received with her, but, in consequence of the sudden and unexpected death of his said mother a few days before him, his share in her real estate passed, under his said will, to his said wife, subject to my life estate therein, as tenant by the curtesy, which I have no doubt whatever, was contrary as well to his intention and wishes as to those of my said wife, could they have been ascer- tained or expressed in reference thereto, and inasmuch as my said daughter-in-law has hitherto declined to make over to her said children the said share in my deceased wife's estate, I feel myself in duty bound not only to notice the fact above stated, but to frame the provisions of this my will in regard to my said grandchildren accordingly. Fifth. Should my said daughter- in-law, at any time during my life or within thirty days after probate shall have been granted on this my will, and a copy thereof duly delivered to her, grant and convey to my said grandchildren, or such of them as may be living, all and singu- lar her interest in my said wife's real estate, or should she have taken such measures as would fully assure to them, or the sur- vivors of them, her interest in the said estate on her death, or should she be then deceased and the said estate vested in her said children as her heirs-at-law or devisees, and should her said children, any or either of them, survive me, then and in that case I hereby order and direct all my personal estate, my just debts and funeral and testamentary charges being first paid thereof, to be divided into four equal parts, and so much of my real estate as is situate either in the City and County of New York or in the County of Kings, to be likewise divided into four equal parts. Eighth. Three of the said equal fourth parts of my real estate, situate either in the City and County of New York or in the County of Kings, I hereby give, devise and bequeath to my said three sons, John J. Scher- merhorn, Edmund H. Schermerhorn and William C. Scher- merhorn, one of the said equal fourth parts to each of them, for
307
OF THE LOUVRE FARM.
and during his life, and I give to each one of my said three sons power, according to a full discretion hereby given to each of them, to dispose of his own share of the said last mentioned real estate by will among his lawful issue and among his brothers and their lawful issue, including the said three children of my said deceased son, Peter Augustus, or among any of the said persons, in such shares and proportions and on such law- ful conditions and limitations as he may think fit. Should either of my said three sons die without exercising the power above given, I hereby give, devise and bequeath the share of the one, so dying, in the said last-mentioned real estate to his lawful issue, taking by representation, and to their heirs and assigns forever ; but should the one so dying leave no lawful issue him surviving, then I give his share in the said last-men- tioned real estate to his brothers and their lawful issue, taking by representation as to the issue of my said deceased son, Peter Augustus, and as to the issue of such of my other sons as may then be deceased. Ninth. The remaining equal fourth part of my real estate, situate either in the City and County of New York or in the County of Kings, I hereby give, devise and bequeath to the three children of my said deceased son, Peter Augustus, that is to say, Ellen, Henry A. and Frederick Augus- tus, in equal portions or share and share alike, and to her, his and their heirs forever, during the lives of the said Henry A. and Frederick Augustus and the survivor of them, but upon the death of such survivor the said remaining fourth part of the said last-mentioned real estate is to vest in the lawful issue of the said Henry A. and Frederick Augustus and in the said Ellen, if then living, or if she be then deceased, in her issue. Should one or two of my said three grandchildren die at or before the determination of the life estate above created in respect to their share, without having lawful issue, the interest of the one or two, so dying, in the said last-mentioned real estate shall pass to the survivors or survivor of them and to her, his or their
308
SUB-DIVISION NUMBER ONE
lawful issue. Should all of my said three grandchildren be deceased at the time of the termination of the life estates above created in respect to their share, leaving no lawful issue, or should the said Ellen, after the whole of the said remaining fourth part of the said last mentioned real estate may have vested in her, by reason of the decease of the said Henry A. and Frederick Augustus, leaving no lawful issue, die under the age of twenty-one years and leaving no issue, then the said remaining fourth part of the said last-mentioned real estate shall vest in my right heirs-at-law. Tenth. But should my said daughter-in-law, contrary to my wishes and earnest entreaties, refuse or decline or neglect to vest, or cause to be vested, in my said three grandchildren, or the survivors or survivor of them, the said estate derived by her under the will of her said hus- band from my deceased wife, in manner aforesaid, or should my said three grandchildren all die before me without leaving any issue, then and in either such case I hereby order and direct the whole of my estate, both real and personal, to be divided into three equal parts, one of which parts I hereby give and devise and bequeath unto each of my three said surviving sons, their respective executors, administrators, issue and heirs, under the same limitations and restrictions, with the same powers, in the same events, for the same estates and in the same manner in all respects as is above particularly expressed in regard to each of my said three surviving sons, in the event of my estate being divided into four equal parts. Eleventh. Whatever shares, whether the one-fourth or the one-third part, my said three surviving sons may respectively take in my estate, I hereby authorize and empower them respectively, and each of them, and the guardians for my said three grandchildren during their respective minorities, and my said three grandchildren them- selves, after their respective majorities, in case they shall take a share in my estate under this my will, to lease their respective shares of my real estate, or any part or parts thereof, for any
309
OF THE LOUVRE FARM.
term of years not exceeding seven, to commence in possession or within three months after the execution of the lease, except the lots of the Louvre and Belmont Farms, and the lots in the City of Brooklyn, which may be let for any term of years they may severally see fit, not exceeding twenty-one years. *
* Fourteenth. Believing it to be for the advantage of my children, I do most earnestly recommend that no actual division or par- tition be made of my real estate, but that they will agree that the same be managed as one entire estate, etc. *
Lastly. In order to provide for the event of any lapsed or void legacy or devise, or any other contingency which may happen, whereby it may be adjudged that I shall have died intestate in regard to any part or parts of my property or estate, either real or personal, I hereby give, devise and bequeath all and singular the rest, residue and remainder of my property and estate, whatsoever and wheresoever, both real and personal, unto my before-named three sons and my said three grandchildren (the said grandchildren, or the survivors or survivor of them, taking together, if more than one, one share), share and share alike, in case my said grandchildren shall, according to the foregoing provisions of my will, take any share in my said property and estate. But in case they shall not take any share therein, then I hereby give, devise and bequeath the said rest, residue and remainder to my said three sons and the issue of such of them as may hereafter die before me, such issue taking the same share as the deceased parent would have taken, had he sur- vived me."
By codicil dated 3d February, 1852, he provides, amongst other clauses, as follows : "First. Whereas I have, by my said will, given and devised to each of my three sons, John J. Scher- merhorn, Edmund H. Schermerhorn and William C. Scher- merhorn, for their respective lives, a certain share or por- tion of my real estate, with remainder to certain persons and
310
SUB-DIVISION NUMBER ONE
in certain events in said will specified. And whereas I nov deem it expedient to give to each of my said three sons in fe the portion of my said real estate which would vest in him fo life under my said will ; now therefore, I hereby revoke, annu and disallow all and singular the provisions of my said wil whereby any future estate is created in either of said three shares after the death of my said sons or either of them, o' whereby any part of my real estate is devised to any persons 01 class of persons on the death of my said sons or either of them And I hereby give and devise to each of my said three sons absolutely in fee all and every share or portion of my real estate by said will given or devised to him for life, subject neverthe. less to the power of sale by said will and by this codicil con- ferred on my executors as to certain parts thereof, but with no other restriction, limitation or qualification. And it is my meaning and intention that this modification of said devise shall equally take effect whether the share of my real estate taken by each of my said sons shall be the one-third or the one-fourth part thereof, or, in other words, whether the widow of my deceased son, Peter Augustus Schermerhorn, shall or shall not elect to comply with the condition on which I have by my said will devised a part of my property and estate to the children of my deceased son. Second. I authorize and empower my said Executors, in their discretion, and whenever they may think fit, to sell and convey those portions of my real estate in the City of New York which are known as the Louvre Farm and the Belmont Farm, or any part or parts of either, and my real estate in the City of Brooklyn or any part or parts thereof, the proceeds of any such sale to be deemed real estate and not per- sonal property, to be disposed of by my said executors accord- ingly."
Peter Schermerhorn died on 23d June, 1852, leaving him surviving three children-
311
OF THE LOUVRE FARM.
I. John Jones Schermerhorn,
2. William C. Schermerhorn,
3. Edmund H. Schermerhorn,
and three grandchildren, children of his deceased son, Peter Augustus Schermerhorn-
I. Ellen, afterwards wife of Richard T. Auch- muty, whom she married in February, 1867.
2. Henry A. Schermerhorn,
3. Frederick A. Schermerhorn.
Henry A. Schermerhorn, one of the children of Peter Augus- tus Schermerhorn, died on 9th June, 1869, unmarried, intestate and without issue.
ADELINE E. SCHERMERHORN to
ELLEN SCHERMERHORN, HENRY A. SCHERMERHORN and FRED- ERICK AUGUSTUS SCHERMER- HORN.
DEED.
Dated 16th July, 1852. Proved 16th July, 1852. Rec. 22d July, 1852. 608 Conveyances, 621. Consideration, $1.00.
RECITES will of Peter Augustus Schermerhorn, and the will of his father, Peter Schermerhorn, and that she, the said Adeline E. Schermerhorn, has elected to dispose of the share of the said Peter Augustus Schermerhorn in the real estate of his mother, vested in her by his will, in such manner as to comply with the provisions of the said will of Peter Schermer- horn.
CONVEYS all and singular the share, part and portion which the said Peter Augustus Schermerhorn had and inherited, or was in any way entitled to at the time of his death, in the real estate whereof his mother, the said Sarah Schermerhorn, died seised, or was in any way entitled to at the time of her death,
612
SUB-DIVISION NUMBER ONE
and which passed and were devised by him, the said Peter Augustus Schermerhorn, under and by virtue of his last will and testament to the said party of the first part.
Attached to this deed and recorded immediately thereafter is an admission, by the testamentary guardians of the infant children of said Peter Augustus Schermerhorn, of due delivery of said deed to them on 16th July, 1852.
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