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 22
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342
SUB-DIVISION NUMBER THREE
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 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
I
343
OF THE LOUVRE FARM.
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 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
344
SUB-DIVISION NUMBER THREE
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 in certain events in said will specified. And whereas I now deem it expedient to give to each of my said three sons in fee the portion of my said real estate which would vest in him for life under my said will ; now therefore, I hereby revoke, annul and disallow all and singular the provisions of my said will whereby any future estate is created in either of said three shares after the death of my said sons or either of them, or whereby any part of my real estate is devised to any persons or 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-
345
OF THE LOUVRE FARM.
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-
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-
r
r
346
SUB-DIVISION NUMBER THREE
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, 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.
347
OF THE LOUVRE FARM.
SUPREME COURT.
EDMUND H. SCHERMERHORN against
JAMES I. JONES and ELIZABETH JONES, his wife, EDMUND H. PENDLETON and FRANCES MARIA PENDLETON, his wife, REBECCA JONES, WOODBURY LANGDON and HELEN LANG- DON, his wife, LEWIS C. JONES and CATHARINE JONES, his wife, ALICE JONES, JOHN JONES SCHERMERHORN, WIL- LIAM C. SCHERMERHORN and ANNE E. H. SCHERMERHORN, his wife, ELLEN SCHERMER- HORN, HENRY A. SCHERMER- HORN, FREDERICK A. SCHER- MERHORN, JAMES I. JONES, GEORGE JONES, GEORGE A. JONES and LEWIS C. JONES, Trustees for said HELEN LANG- DON and JAMES I. JONES, sole surviving trustee for said FRANCES M. PENDLETON.
BENJ. D. SILLIMAN, Plaintiffs' Attorney.
1854-November 29. Complaint in partition filed.
October 12. Order that Dayton Hobart be appointed guardian of Ellen Schermerhorn, Hen- ry A. Schermerhorn and Frederick A. Schermerhorn, on petition of said El- len, an infant over 14 years, and of Adeline E. Schermerhorn, the mother
34S
SUB-DIVISION NUMBER THREE
of the other two, who were infants under fourteen years.
December 6. Amended complaint filed.
December 7. Answer of said infants filed.
December 7. Answer of John Jones Schermerhorn, William C. Schermerhorn and Ann E. H., his wife, filed, Dayton Hobart, Esq., being their attorney.
December 7. Answer of James I. Jones and Elizabeth, his wife, Edmund H. Pendleton and Frances M., his wife, Rebecca Jones, Woodbury Langdon and Helen, his wife, Lewis C. Jones and Catharine, his wife, Alice Jones, James I. Jones, George Jones, George A. Jones and Lewis C. Jones, Trustees for said Helen Langdon, and James I. Jones, sole trustee, etc.,. filed, Benjamin K. True being their attorney.
December 9. Order of reference to William C. Wet- more, on title, etc., entered upon con- sent.
December 30. Master's report on title filed.
December 30. Decree of partition entered. George B. Smith, Andrian H. Muller and James Cruikshank were appointed Commis- sioners of Partition.
1855-February
6. Order to file bond of guardian nunc pro tunc as of 12th October, I854.
June 23. Commissioners' report of partition filed.
June 23. Final decree of partition entered.
The Commissioners caused a map to be made of both said sub-divisions number three and six, which is filed in Register's
349
OF THE LOUVRE FARM.
office in Case 203. The lots comprising sub-division number three were allotted by them as follows :
To Edmund H. Schermerhorn, lots numbered 292, 301, 302, 337, 347, 348, 384, 377, 378, 454, 446, 447, 529, 533, 534, 535, and colored red on said map.
To William C. Schermerhorn, lots numbered 291, 297, 296, 340, 345, 346, 385, 374, 375, 376, 455, 448, 449, 530, 538, 539, and colored light brown on said map.
To John Jones Schermerhorn, lots numbered 290, 300, 298 , 338, 343, 344, 383, 381, 382, 456, 450, 451, 531, 536, 537, and colored dark brown on said map. To Ellen Schermerhorn, Frederick A. Schermerhorn and Hen- ry A. Schermerhorn, lots numbered 289, 293, 294, 295, 339, 342, 341, 386, 379. 380, 453, 452, 532, 540, 541, and colored purple on said map. To Lewis C. Jones, lots numbered 314, 317, 318, 319, 361, 368, 369, 370, 474, 475, 476, 413, 414, 552, 553, 548, 549, 550, and colored yellow on said map.
To Alice Jones, lots numbered 313, 320, 321, 322, 362, 363, 371, 372, 373, 477, 478, 471, 472, 473, 419, 420, 421, 422, 423, 545, 546, 547, 554, and colored blue on said map.
To the Trustees of Helen Langdon, lots numbered 315, 316, 323, 324, 364, 365, 366, 367, 479, 480, 468, 469, 470, 415, 416, 417, 418, 551, 542, 543, 544, and colored grey on said map
To James I. Jones, lots numbered 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 481, 482, 483, 484, 485, 436, 487, 488, 489, 490, 491, 5 6, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 387, 388, 389, 390, 391, 392, 393, 394,
P!
B. es
K.
es,
es
es,
nd
350 SUB-DIVISION NUMBER THREE OF THE LOUVRE FARM.
395, 396, 397, 398, 399, 424, 425, 426, 427, 428, 429, 430, 431, 432, and colored green on said map.
To Frances M. Pendleton, lots numbered 492, 493, 494, 495, 496, 497, 498, 499, 500, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 400, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 457, 453, 459, 460, 461, 462, 463, 464, 465, 466, 467, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, and colored orange on said map, and subject to mortgage recorded in Liber 386 Mortgages, 636, which was discharged of record on 13th March, 1856.
Notes on the Louvre Farm. - Jul-division Three.
BOMIVA
on
001
20
JUMAVA
1
12
: 1
28.
02:
7310
STREET
A
B
2
Iro
[12|13
its
1/12/16
27
56 57 58 59 60 61 67 63 64 65 66 67 69 69 76 71 72 750
75 g
~ 53
ræ
276
ro
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C
...
$ 173
152 9
132
13
154
14
ISS
D
715.
STR
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IT'S
17 176!
6656443
39
16 97151 19200 10|202143 204 20106
208
117
4ª
169
16.
210
3
YELLOW
alice Jones
4 BLUE
nº Rébecca Jones
FIRST
114
50
+50
7
212
,54
21
STREET.
275
AVENUE\
EAST
41.3
THIRD
SECOND
Nº 1
REQ Leurs & jones
2 GREEN
Helen urk & Fioriture Längden
LOT Nº 4 or THE LOUVRE FARM
·ésoyed in Gardner & Sage City Jusseyor
AVENUE
Copied from May in have 578 il y Neo Ofice
AVENUE
A
25
4
2
26
n
29 5
30
Ičo
99 97 96 95 94 91 32 91
90 99 11
G 85 14 93 12 81
101
2
79
10
40
10
125
1044
126
105
127
106 /00 2/25/20/25
25/05/2/5/40121
50
129
161
10 211
RIVER
70TH
AVENUE
B
400
456
150
STREET.
31
MAP OF
15%
S
AVENUE
1
SUB-DIVISION NUMBER FOUR OF THE LOUVRE FARM.
Sub-division number four was set apart to Isaac Colford Jones, in the suit of Schermerhorn vs. Jones above set forth, and is described in the Commissioners' report therein as " situ- ated, lying and being in the said Ninth Ward of the City of New York, between Third Avenue and the East River afore- said. Bounded Southeasterly by the East River, Northwesterly by Third Avenue aforesaid, Southwesterly by the said before- described lot (No. 3) number three of the said premises, and Northeasterly by lot (No. 5) number five 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 a point on the Southeasterly side of Third Avenue aforesaid at the middle of the block or space of ground lying between Seventy-first and Seventy-second streets aforesaid, being the Northwesterly corner of the before- described lot (No. 3) number three of the said premises whereof the aforesaid division was so made by us as aforesaid, and run-
352
SUB-DIVISION NUMBER FOUR
ning thence along the said lot (No. 3) number three from said Third Avenue to the East River as follows, to wit: running from the said place of beginning Southeasterly through the middle or centre of the said block or space of ground lying between Seventy-first and Seventy-second streets aforesaid, on a line parallel with and equi distant from each of the said streets, to and across the before-mentioned Second Avenue seven hundred and ten feet to a point on the Southeasterly side of said Second Avenue ; then Southwesterly on and along the Southeasterly side or line of Second Avenue one hundred and two feet two inches to the Northeasterly corner made by the intersection of the said last-mentioned avenue and Seventy-first street ; then Southeasterly on and along the Northeasterly side of Seventy-first Street to and across the before-mentioned First Avenue seven hundred and fifty feet to the Northeasterly corner of the said First Avenue and Seventy-first Street ; then South- westerly across Seventy-first Street and along the Southeasterly side or line of First Avenue two hundred and five feet and four inches to a point distant fifty-five feet and four inches North- easterly from the Northeasterly corner of First Avenue and Seventieth Street ; then Southeasterly from First Avenue on a line parallel with Seventieth Street and at the distance of fifty- five feet and four inches Northeasterly therefrom to and across the said before-mentioned Avenue A seven hundred and seventy feet to a point on the Southeasterly side of Avenue A at the distance of fifty-five feet and four inches Northeasterly from Seventieth Street ; then Southwesterly on and along the South- easterly side of Avenue A and crossing Seventieth Street one hundred and sixty-six feet and four inches to a point on the said Southeasterly side of the last-mentioned avenue at the dis- tance of fifty-one feet Southwesterly from Seventieth Street aforesaid ; thence Southeasterly from Avenue A to the East River on a line parallel with Seventieth Street and at the dis- tance Southwesterly of fifty-one feet from the Southwesterly
353
OF THE LOUVRE FARM.
side thereof to the Northeasterly corner at the said East River of the said before-described lot (No. 3) number three, the said cor- ner being at the distance of fifty-one feet Southwesterly from the Northwesterly side of Sixty-seventh Street, measuring the said distance on a line at right angles with the said street, and thence running along the River as it runs Northeasterly, crossing Seventieth Street and Seventh-first Street to the point or place where the Northeasterly side or line of the said last-mentioned street strikes the said East River, the distance from the said Northeasterly line of the aforesaid lot (No. 3) number three of the said premises, so divided to the said Northeasterly side or line of Seventy-first street on the whole width of the said hereby-described lot (No. 4) number four at the said East River, being three hundred and seventy-one feet and eight inches, measuring the said distance on a line at right angles with the said last-mentioned street, and then running from the said River Northwesterly on and along the said Northeasterly side or line of Seventy-first street to the Northeasterly corner made by the intersection of the said street and Avenue A ; then Northeasterly on and along the Southeasterly side of Avenue A one hundred thirty-nine feet three inches and three-quarters of an inch to a point on the said Southeasterly side or line of Avenue A sixty-five feet Southwesterly from the before-men- tioned Seventy-second Street ; then Northwesterly on a line crossing Avenue A, and running parallel with and at the dis- tance of sixty-five feet Southwesterly from Seventy-second Street aforesaid seven hundred and seventy feet to the before-men- tioned First Avenue, then Northeasterly on and along the Southeasterly side of said First Avenue two hundred and thirty- seven feet and four inches, crossing Seventy-second Street aforesaid to a point on the said Southeasterly side of said First Avenue seventy-two feet and four inches Northeasterly from said Seventy-second Street; then Northwesterly on a line crossing the said last-mentioned avenue, and continuing and
055 itT
e Le
ct
nd 11
rst
ner
354 .
SUB-DIVISION NUMBER FOUR
running parallel with and at the distance of seventy-two feet and four inches Northeasterly from Seventy-second Street seven hundred and fifty-feet to the before-mentioned Second Avenue ; then Northeasterly on and along the Southeasterly side of said Second Avenue sixty seven feet and eight inches to a point on the said Southeasterly side of the said last-mentioned avenue sixty-four feet three inches and three-quarters of an inch South- westerly from the street distinguished on the City Map afore- said by Seventy-third Street; then Northwesterly on a line crossing said Second Avenue and continuing and running parallel with and at the distance of sixty-four feet three inches and three-quarters of an inch Southwesterly from Seventy-third street seven hundred and ten feet to the before-mentioned Third Avenue, and then Southwesterly on and along the Southeasterly side or line of said Third avenue, crossing Seventy-second Street three hundred and forty-two feet and ten inches to a point at the middle of the block, or space of ground, lying between Seventy-first and Seventy-second Streets aforesaid, the afore- said place of beginning, containing, inclusive of streets and avenues, twenty-three acres and twenty 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.
Isaac C. Jones died on roth May, 1831, intestate, leaving him surviving Rebecca Jones his widow, and
I. Helen Jones,
2. Lewis C. Jones,
3. Alice Jones, His only children and heirs-at-law.
Helen Jones, above named, married Woodbury Langdon in November, 1847.
355
OF THE LOUVRE FARM.
HELEN JONES, of Ist part, WOODBURY LANGDON,
of 2d part,
JAMES I. JONES, GEORGE JONES and GEORGE A. JONES, and
LEWIS C. JONES, of 3d part.
ANTE-NUPTIAL 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 farm in ques- tion, 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 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 are author- ized to make amicable partition of the said trust premises, 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, pro- vided they, the said parties of the first and second parts, should unite in the deeds thereof, and in their execution, acknowl- edgement and delivery. And it was thereby expressly agreed
356
SUB-DIVISION NUMBER FOUR
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 execu- tion of the said indenture.
JAMES I. JONES, GEORGE JONES, GEORGE A. JONES and LEWIS C. JONES, trustees of HELEN LANGDON, LEWIS C. JONES and CATHERINE, his wife, of Ist purt, WOODBURY LANG- DON and HELEN, his wife, of 2d part, and REBECCA JONES, of 3d part,
to ALICE JONES, of 4th part.
DEED OF PARTI- TION.
Dated 2Ist Feb., 1856. Ack. 2Ist Feb. and 10th and 11th April, 1856. Rec. 14th May., 1856. 706 Conveyances, 414. Consideration, $39,753.
CONVEYS two-thirds of lots numbered on map 578 (a copy of which is given at the head of this abstract), by the numbers 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 20, 21, 22, 23, 24, 25, 26, 27, 28, 77, 78, 79, So, 81, 82, 83, 84, 109, 110, III, 112, 113, 114, 115, 116, 117, 118, 119, 120, 168, 169, 170, 171, 172, 173, 174, 175, 176, 148, 149, 150, 151, 152, 153, 154, 155, 156, 237, 238, 239, 240, 241, 242, 243, 204, 205; 206, 207, 208, 209, 210, and also all the water rights, or rights to land under the waters of the East River lying in front of the lands and premises lastly above described, and the said portion of Avenue B.
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