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 21
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SUB-DIVISION NUMBER THREE OF THE LOUVRE FARM.
Sub-division number three was set apart to John Jones in the suit of Schermerhorn vs. Jones, above set forth, and is de- scribed in the Commissioners' report therein as "situated, lying and being in the said Ninth Ward of the City of New York, between the Third Avenue and the East River aforesaid. Bounded Southeasterly by the East River, Northwesterly by Third Avenue aforesaid, Southwesterly by the said before- described lot (No. 2) number two of the said premises, and Northeasterly by lot (No. 4) number four of the said premises so divided by us, the said Commissioners, as aforesaid, and more particularly butted, bounded and described as follows, that is to say : Beginning at the Northeasterly corner made by the intersection of Seventieth Street and the Third Avenue, being the Northwesterly corner of the before-described lot (No. 2) number two of the said premises, whereof the afore- said division was so made by us as aforesaid; and running thence along the said lot (No. 2) number two from the said Third Avenue to the East River, as follows, to wit: running from the said place of beginning Southeasterly on and along the Northeasterly side of Seventieth Street to and across the before-mentioned Second Avenue seven hundred and ten feet
328
SUB-DIVISION NUMBER THREE
to the Northeasterly corner made by the intersection of the said last-mentioned street and avenue; then Southwesterly across the said last-mentioned Seventieth Street sixty feet to the South- easterly corner of the said last-mentioned street and avenue ; then Southeasterly on and along the Southwesterly side of Seventieth Street to and across the before-mentioned First Avenue seven hundred and fifty feet to the Southeasterly corner of the said First Avenue and Seventieth Street; then South- westerly on and along the Southeasterly side or line of the said First Avenue two hundred and thirty feet and eight inches to the middle or centre of Sixty-ninth Street ; then Southeasterly through the middle of Sixty-ninth Street on a line parallel with and equi-distant from each side thereof seven hundred and seventy feet to the Southeasterly side or line of the before- mentioned Avenue A; then Southwesterly on and along the Southeasterly side or line of the said Avenue A one hundred and thirty feet and four inches to the middle or centre of the block or space of ground lying between Sixty ninth Street and Sixty-eighth Street ; then Southeasterly from the said Avenue A to the East River through the middle of the said last-men- tioned block or space of ground on a line parallel with and equi-distant from each of the said last-mentioned streets to the Northeasterly corner at the said East River of the aforesaid lot (No. 2) number two of the said premises, whereof the said division was so made by us as aforesaid ; and thence running on and along the said river, crossing Sixty-ninth Street to a point or place Southwesterly of Seventieth Street and at the distance of fifty-one feet therefrom and at the distance of three hundred and ten feet from the Northeasterly line of the afore- said lot (No. 2) number two of the said premises so divided at the said East River, measuring the said distance on a line at right angles with the said last-mentioned street; and then run- ning from the said river Northwesterly on a line parallel with and at the distance of fifty-one feet Southwesterly from Seven-
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OF THE LOUVRE FARM.
tieth Street to the said before-mentioned Avenue A; then Northeasterly on and along the Southeasterly side of Avenue A one hundred and sixty six feet four inches across Seventieth Street aforesaid to a point on the said Southeasterly side of the said Avenue A fifty-five feet four inches Northeasterly from said Seventieth Street; then Northwesterly on a line crossing Avenue A and running parallel with and at the distance of fifty-five feet four inches Northeasterly from Seventieth Street aforesaid seven hundred and seventy feet to the said before- mentioned First Avenue ; then Northeasterly on and along the Southeasterly side of said First Avenue two hundred and five feet and four inches, crossing the street distinguished on the City Map aforesaid by Seventy-first Street to the Northeasterly corner made by the intersection of the said last-mentioned street and avenue ; then Northwesterly crossing the said last- mentioned avenue one hundred feet to the Northwesterly corner made by the intersection of the said last-mentioned street and avenue ; then Northwesterly on and along the Northeasterly side of Seventy-first Street six hundred and fifty feet to the Northeasterly corner made by the intersection of said Seventy- first Street and Second Avenue ; then Northeasterly on and along the Southeasterly side of Second Avenue one hundred and two feet and two inches to a point at the middle of the block or space of ground lying between Seventy-first Street and the street distinguished on the City Map aforesaid by Seventy-second Street ; then Northwesterly on a line crossing Second Avenue and running through the middle or centre of the said last-mentioned block or space of ground parallel with and equi-distant from each of the said last-mentioned streets seven hundred and ten feet to the before-mentioned Third Avenue ; and thence Southwesterly on and along the South- easterly side or line of said Third Avenue crossing Seventy- first Street three hundred and sixty-two feet and ten inches to the Northeasterly corner of Seventieth Street and the said
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SUB-DIVISION NUMBER THREE
Third Avenue, the aforesaid place of beginning. Containing, inclusive of streets and avenues, twenty-one acres, two roods and thirteen perches and one-half of a perch of land, according to the survey and map aforesaid made of the said premises under our direction as aforesaid."
DEED OF TRUST.
JOHN JONES to ISAAC CAROW and JAMES I. JONES.
Dated 3d Aug., 1822. Ack. 6th Aug., 1822. Rec. 6th Aug., 1822. 161 Conveyances, 249. Consideration, $1.00.
RECITES certain debts of party of first part.
CONVEYS all and singular the dwelling-house and land situ- ated and lying in the Ninth Ward of the City of New York, between the Third Avenue and the East River, being part of the farm and estate sometimes called the Louvre, whereof John Jones, deceased, the father of the said John Jones, party to these presents of the first part, died seised, and whereon he resided at the time of his death, and which part of the said farm and estate, now belonging to the said John Jones, was, in a partition and division lately made thereof between him, the said John Jones, and the other part owners thereof, set apart, allotted and assigned to him, the said John Jones, as by the proceedings and decree for the said partition, reference being had thereto, may appear, subject to the dower of the before-named Eleanor Jones, the widow of the said John Jones, deceased, thereof, and all the right, share and shares and inter- est of the said John Jones of and in all and singular, the said farm or tract of land, the same containing, or is estimated to contain one hundred and thirty acres of land, and of and in every part thereof, as heir-at-law of his said late father, John
331
OF THE LOUVRE FARM.
Jones, deceased, and of his deceased sister, Eleanor Margaret Jones, and brother, William Henry Jones, or otherwise how- soever.
In trust to receive rents and profits, to make partition of lands held in common with others, and to sell and dispose of, and join in the sale and disposition of all said premises, and out of the proceeds to pay the debts therein specified, and to dispose of the surplus as the said John Jones may direct and appoint.
ISAAC CAROW and JAMES I. JONES, Trustees, etc., to ELEANOR JONES.
DEED.
Dated Ist Mar., 1823. Ack. 5th April, 1823. Rec. 10th April, 1823. 166 Conveyances, 23. Consideration, $6, 100.
CONVEYS the part of Louvre farm allotted to John Jones by substantially the same general description as in previous deed, and in addition more specifically describing the same as fol- lows : " The said parcel of land and premises hereby described being distinguished in the said partition and on a map made of the said farm under the direction of the Commissioners by whom the same was divided, and by them referred to in their report of the said partition by lot (No. 3) number three, and being bounded Southeasterly by the East River aforesaid, Northwesterly by the Third Avenue aforesaid, South- westerly by the part or allotment of the said farm, in the said partition on the said map thereof, distinguished by lot (No. 2) number two of the said premises and allotted to the aforesaid James I. Jones, and Northeasterly by the part or allotment of the said farm and premises, in the said partition and on the said map thereof, distinguished by lot (No. 4) num- Der four of the said premises and allotted to Isaac C. Jones,
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SUB-DIVISION NUMBER THREE
and containing, inclusive of streets and avenues, twenty-one acres, two roods and thirteen perches and one-half a perch of land, be the same more or less."
Last Will and Testament of ELEANOR JONES.
Dated 15th July, 1823. Proved 30th Nov., 1824. 59 Wills, 126.
"Item, I give and bequeath to the said Isaac C. Jones and Isaac Carow, and to their heirs and assigns forever, all the lands and premises now owned by me lying in the Ninth Ward of the City of New York near Hamilton Square, being part of the above-mentioned Louvre Farm, and known and distin- guished on a map thereof as (No. 3) number three, with the buildings and improvements thereon, upon the several trusts and to and for the several uses, intents and purposes herein- after mentioned, expressed and declared as to and concerning the same, that is to say : Upon trust that the said Isaac C. Jones and Isaac Carow, or the survivor of them, or the heirs of such survivor, the trustees or trustee in this behalf for the time being, do and shall sell and convey the same, or any part thereof, in fee simple whenever the said last-mentioned trustees, or trustee for the time being, shall deem it expedient so to do, and that, at their, his or her discretion, to sell the whole, together or in parcels. * And my mind and will b is that the proceeds of such sale or sales, whenever the same shall be made, shall be paid to, and be held and disposed of by, the said Isaac C. Jones and Isaac Carow and the survivor of of 30 an them, and the executors and administrators of such survivor, upon the same trusts as are hereinafter expressed and declared as to the rest, residue and remainder of my personal estate an which is hereinafter devised to the said Isaac C. Jones and sha Isaac Carow upon trust as hereinafter mentioned. And my I. ]
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OF THE LOUVRE FARM.
mind and will is, and I do hereby declare, that the above devise of said lot (No. 3) number three of the Louvre Farm is made to the said Isaac C. Jones and Isaac Carow upon this further trust, that they, the said Isaac C. Jones and Isaac Carow, and the survivor of them, and the heirs of such survivor, do and shall permit and suffer my said son, John Jones, to occupy, use, possess and enjoy the same, or such part or parts thereof as may from time to time remain unsold, without his paying any rent or other compensation therefor, as long as they, the said said last-mentioned trustees or trustee for the time being, shall see fit."
The following, amongst others, are the trusts declared concern- ing the residue of her personal estate upon which the said trus- tees were directed to hold the proceeds of the sale of said real estate :
" And upon this further trust, that the said trustees or trustee for the time being do and shall, forthwith on the decease of my said son, John Jones, pay over, assign and deliver all the above- mentioned rest, residue and remainder of my estate, etc., unto all and every the child or children of my said son John, law- fully to be begotten, equally to be divided between them, share and share alike, if there shall be more than one; and if there be one such child, the whole to be paid over, assigned and delivered to such one child. And upon this further trust, that the said trustees or trustee for the time being do and shall, forthwith after the decease of my said son, John Jones, in case he shall leave no lawful issue him surviving, pay over, assign and deliver all the above-mentioned rest, residue and remainder of my estate, etc., which shall not have been paid to my said son, John Jones, in his lifetime, unto my sons, James I. Jones and Isaac C. Jones, and my daughters, Sarah Schermerhorn and Frances M. Pendleton, equally to be divided between them, share and share alike. And if either of them, the said James I. Jones, Isaac C. Jones, Sarah Schermerhorn and Frances M.
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SUB-DIVISION NUMBER THREE
Pendleton shall have then died, leaving issue, such issue shall respectively take such part of the rest, residue and remainder of my estate, etc., and in the same manner as his or their said deceased parent would have taken, if such parent had survived the said John Jones. Provided always, and my mind and will further is, that if either the said Isaac C. Jones or Isaac Carow, or any future trustee or trustees to be appointed in the place or stead of either of them, as hereinafter is mentioned, shall depart this life, or be desirous to be discharged from the execution of the trusts hereby reposed in him, or shall become incapable of acting in the execution thereof during the lifetime of my said son John, then and in any such case and when and so often as the same shall happen, it shall and may be lawful to and for my children who shall then be living, or the major part of them, by any instrument in writing under their hands and seals, to nominate and appoint any other person or persons to be trustee or trustees in the place or stead of the trustee or trustees so dying. or desiring to be discharged from, or becoming incapa- ble of acting in the execution of the said trusts."
Isaac C. Jones, one of said trustees, died on 10th May, 1831, and the children of said Eleanor Jones, by instrument dated 23d November, 1831, recorded in Liber 278 Conveyances, 615, nominated Peter Schermerhorn in his place. For the purpose of vesting said trust estate in Carow and Schermerhorn, Carow conveyed to John Jones Schermerhorn, who conveyed to them, as follows :
DEED.
ISAAC CAROW to JOHN JONES SCHERMERHORN.
Dated 22d Dec., 1831. Ack. 23d Dec., 1831. Rec. 23d Dec., 1831. 278 Conveyances, 257. Consideration, $1.00.
RECITES will of Eleanor Jones, death of Isaac C. Jones, and the appointment of Peter Schermerhorn in his place.
335
OF THE LOUVRE FARM.
CONVEYS all and singular the above-mentioned lands and premises, situated, lying and being in the present Twelfth and late Ninth Ward of the City of New York, near Hamilton Square, being part and parcel of the farm commonly called the Louvre Farm, and being known and distinguished on a map thereof as lot (No. 3) number three, with the buildings and improvements thereon. Habendum in trust to convey the same to Isaac Carow and Peter Schermerhorn, to be held by them on the trusts specified in the will of Eleanor Jones.
JOHN JONES SCHERMERHORN to ISAAC CAROW and PETER SCHER- MERHORN,
Trustees, etc.,
DEED.
Dated 22d Dec., 1831. Ack. 23d Dec., 1831. Rec. 23d Dec., 1831. 278 Conveyances, 570. Consideration, $1.00.
CONVEYS same premises by same description. Habendum in trust as directed in the will of Eleanor Jones.
In March, 1845, Isaac Carow presented a petition to the Chancellor to be discharged from said trust. James I. Jones was appointed trustee in his place by order of the Vice-Chan- cellor, entered on 14th May, 1845.
DEED.
ISAAC CAROW to JAMES I. JONES and PETER SCHERMERHORN.
Dated 24th May, 1845. Ack. 24th May, 1845. . Rec. 23d June, 1845. 464 Conveyances, 108. Consideration, $1.00.
CONVEYS same premises by same description. In trust as directed in the will of Eleanor Jones.
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SUB-DIVISION NUMBER THREE
John Jones, the cestui que trust for life under the above trust, died on 27th April, 1846, without issue.
Previous to his death, his brother, Isaac C. Jones, had died on roth May, 1831, leaving a widow, Rebecca Jones, and
I. Lewis C. Jones.
2. Helen Jones, who intermarried with Woodbury Langdon in November, 1847.
3. Alice Jones, his only children.
HELEN JONES,
of Ist part, WOODBURY LANGDON, of 2d part, to JAMES I. JONES, GEORGE JONES and GEORGE A. JONES, of 3d part.
ANTE-NIPTUAL SETTLEMENT.
Dated 6th Nov., 1847. Not recorded, but recit- ed in Liber 706, Con- veyances 424.
RECITES the intended marriage of parties of first and second parts, her ownership of an undivided interest in said farm and other property, and the agreement of said Langdon and Helen Jones to assign the property in trust.
CONVEYS said property in trust to lease the same for one or more years, not exceeding, however, twenty years in the whole from the commencement of the term, which shall always com; mence in possession within three months from the date and execution of the leases, to collect the rents, issues and profits thereof, apply the same to the payment of taxes, assessments, insurances, repairs, etc., and to pay over the residue to the party of the second part for and during the rest, residue and
337
OF THE LOUVRE FARM.
remainder of his natural life, whether he survive the said party of the first part, or she him, and whether there be issue of the said marriage or not. The parties of the third part were authorized to make amicable partition of the said trust prem- ises, and to execute deeds and releases, in which the said parties of the first and second parts should unite, and also from time to time to sell and convey the said trust premises, or any part or parts thereof, or the share of the said party of the first part therein, provided they, the said parties of the first and second parts, should unite in the deeds thereof, and in their execution, acknowledgment and delivery. And it was thereby expressly agreed, between all the parties to the said indenture, that the several trusts therein created, and the estate thereby conveyed, should cease and terminate at the death of the said party thereto of the second part, and that should the said party of the first part thereto survive the said party of the second part, the said trust property and estate should immediately revert to and revest in her, in the same manner as the same existed before the execution of the said indenture.
Sarah Schermerhorn died on 28th April, 1845, intestate, leav- ing her surviving her husband, Peter Schermerhorn, and
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, leaving him surviving Adeline E. Schermer- horn, his widow, and
I. Ellen Schermerhorn,
2. Henry A. Schermerhorn,
3. Frederick A. Schermerhorn,
his only children and heirs-at-law.
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SUB-DIVISION NUMBER THREE
It was held, in the partition suit of Schermerhorn vs. Jones, hereinafter set forth, that, according to the terms of the will of Eleanor Jones, upon the death of John Jones without issue the remainder in fee vested in James I. Jones, Frances M. Pendle- ton, the children of Isaac C. Jones, and the children of Sarah Schermerhorn, and that notwithstanding the death of Peter A. Schermehorn before John Jones, the cestui que trust for life, the said Peter A. Schermerhorn had taken such an estate in said premises under the provisions of said will as would pass by the following devise in his own will to his wife, Adeline E. Schermerhorn :
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-
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OF THE LOUVRE FARM.
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.
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.
340
SUB-DIVISION NUMBER THREE
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- ing 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 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
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OF THE LOUVRE FARM.
grandchildren accordingly. Fitth. 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 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
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