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 24
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In trust to sell and pay the debts therein specified.
IN CHANCERY. Before Chancellor.
ISAAC C. JONES, PETER SCHERMER- HORN and SARAH, his wife, and ED- MUND H. PENDLETON and FRANCES MARIA, his wife,
vs. JOHN JONES, JAMES I. JONES, ISAAC CAROW and JAMES I. JONES, Trus- tees, as mentioned in the pleadings in this cause as such trustees, and JOHN JONES, JAMES I. JONES and EDWARD R. JONES, Trustees, as mentioned in the pleadings in this cause as such trus- tees, and ELEANOR JONES.
1822-December 18. Bill for partition filed. December 20. Answer of all the defendants filed, admit- ting facts stated in bill.
1823-January 3. Order of reference on title, etc., entered on consent of D. B. Ogden, solicitor for a.l the defendants.
January 4. Master's report on title filed.
January 4. Judgment of partition entered on like con- sent. Isaac Jones, John Hone and
372
SUB-DIVISION NUMBER SIX
Edward W. Laight were appointed commissioners to make partition.
1823-January
7. Report of Commissioners filed. They report that the lands appear to them so circumstanced that the interests of the parties require a sale thereof rather than an actual partition.
January May
7 Order of sale entered, on like consent.
I. Report of sale filed and confirmed. Re- ports sale of said lot Six of the Louvre Farm to James I. Jones, Peter Scher- merhorn, Jr., Edmund H. Pendleton and Isaac C. Jones for $4,900.
ISAAC JONES, JOHN HONE and EDWARD W. LAIGHT, Commissioners of Partition, to
PETER SCHERMERHORN, JUNIOR, JAMES I. JONES, EDMUND H. PENDLETON and ISAAC C. JONES.
DEED.
Dated Ist May, 1823. Ack. 7th May, 1823. Rec. 23d Sept., 1823. 171 Conveyances, I. Consideration, $4,900.
CONVEYS all the estate, right, title and interest which the said parties to these presents of the first part have or had, or which the said Isaac C. Jones, Peter Schermerhorn, Junior, and Sarah Schermerhorn, the wife of the said Peter Schermerhorn, Junior, Edmund H. Pendleton and Frances Maria Pendleton, the wife of the said Edmund H. Pendleton, Eleanor Jones, John Jones, James I. Jones, Isaac Carow and James I. Jones, Trustees aforesaid, and John Jones, James I. Jones and Edward R. Jones, . trustees as aforesaid, have or had in lot number six (6) of the Louvre Farm.
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373
OF THE LOUVRE FARM.
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TITLE TO THE ONE-FOURTH VESTED IN EDMUND H. PENDLETON.
DEED.
EDMUND H. PENDLETON and FRANCES MARIA, his wife, to JAMES I. JONES.
Dated 30th June, 1823. Ack. 9th July, 1823. Rec. 23d Sept., 1823. 171 Conveyances, 212. Consideration, $10.
CONVEYS the one equal undivided fourth part of all that certain piece or parcel of land situated in the Ninth Ward of the City of New York, being part of a farm or tract of land commonly called the Louvre, and known and distinguished in a partition thereof, among the owners and proprietors thereof, by lot num- ber Six. Bounded Southeasterly by the East River, North- westerly by Third Avenue, Northeasterly by premises now or late of Richard Riker, and Southwesterly by lot number five of the said farm or tract of land called the Louvre, and in a certain indenture or deed of conveyance, bearing date the first day of May in the year one thousand eight hundred and twenty-three, made between Isaac Jones, John Hone and Edward W. Laight, Commissioners as therein mentioned, of the first part, and the said Edmund H. Pendleton, and others of the second part, more particularly described, reference being thereto had may appear. Containing twenty-one acres three roods and eight perches of land, be the same more or less, with the appurtenances.
374
SUB-DIVISION NUMBER SIX
JAMES I. JONES,
of Ist part,
JOHN JONES and
EDWARD R. JONES,
of 2d part,
FRANCES MARIA PENDLETON, wife of EDMUND H. PEN- DLETON,
of 3d part.
EDMUND H. PENDLETON,
of 4th part.
COVENANT.
To stand seised to cer- tain uses, etc. Dated Ist July, 1823. Ack. 17th July, 1823. Rec. 23d Sept., 1823. 171 Conveyances, 222.
COVENANTS to convey the moiety or one equal undivided half part of the one equal undivided fourth part of the same premises to parties of the first and second parts.
In trust for sole and separate use of Frances M. Pendleton during her marriage with Edmund H. Pendleton, and during * their joint lives, free from his debts, etc., but to permit them or him to receive rents to and for the use of Frances M. Pendleton and Edmund H. Pendleton, unless Frances M. Pendleton other- wise direct, then to her or her appointee ; if she survive him, then in trust for the said Frances M. Pendleton, her heirs and assigns forever ; if she die first, then in trust for Edmund H. Pendleton during his life, and on his death to lawful issue of Frances M. Pendleton, and their heirs as tenants in common, the lawful issue of a deceased child taking its parents' share, and in default of issue to the heirs-at-law of the said Frances M. Pendleton, with full power to her to direct, limit and appoint by will unto and amongst her lawful issue, and if none, among such persons as she may think proper, and also with full power to Frances M. Pendleton and husband to sell with consent of trustees.
375
OF THE LOUVRE FARM.
Also covenants to hold the same till such conveyance be made, on like trusts.
DEED.
JAMES I. JONES to CHARLES JONES.
Dated 22d April, 1825. Ack. 23d April, 1825. Rec. 31st May, 1825. 190 Conveyances, 353. Consideration, $10.
CONVEYS same interest in premises by same description.
CHARLES JONES, of Ist part,
EDMUND H. PENDLETON and FRANCES MARIA, his wife, of 2d part, JOHN JONES, EDWARD R. JONES and JAMES I. JONES, of 3d part.
DEED.
Dated 23d April, 1825. Ack. 19th and 20th May, 1825. Rec. 31st May, 1825. 190 Conveyances, 357. Consideration, $1.00.
RECITES all above proceedings, and conveys same interest in same premises.
In trust as set forth in covenant to stand seised to certain uses (171 Conveyances, 222) above set forth.
DEED.
JAMES I. JONES to FRANCES MARIA PENDLETON, wife of EDMUND H. PENDLETON.
Dated Ist July, 1823. Ack. 17th July, 1823. Rec. 23d Sept., 1823. 171 Conveyances, 217. Consideration, $10.
376
SUB-DIVISION NUMBER SIX
CONVEYS the moiety, or one equal undivided half part of the one equal undivided fourth part of the said lot number six.
EDMUND. H. PENDLETON and FRANCES MARIA, his wife, to AUGUSTUS FLEMING.
DEED.
Dated 27th Feb., 1836. Ack. 29th Feb., 1836. Rec. Ist Mar., 1836. 347 Conveyances, 615. Consideration, $10.
CONVEYS the same interest in same premises.
DEED.
AUGUSTUS FLEMING to EDMUND H. PENDLETON.
Dated 29th Feb., 1836. Ack. Ist Mar , 1836. Rec. Ist Mar., 1836. 347 Conveyances, 618. Consideration, $10.
CONVEYS same interest in same premises.
TITLE TO THE ONE-FOURTH VESTED IN PETER SCHER- MERHORN, JUNIOR.
DEED.
PETER SCHERMERHORN, JUN., and SARAH, his wife, to JAMES I. JONES.
Dated 30th June, 1823. Ack. 8th July 1823. Rec. 23d Sept., 1823. 171 Conveyances, 145. Consideration, $10. a
CONVEYS the one equal undivided fourth part of said lot num- ber six.
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377
OF THE LOUVRE FARM.
DEED.
JAMES I. JONES to
SARAH SCHERMERHORN, wife of PETER SCHERMERHORN, JR.
Dated Ist July, 1823. Ack. Ioth July, 1823. Rec. 23d Sept., 1823. 171 Conveyances, 150. Consideration, $10.
CONVEYS same interest in same premises.
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.
The said Peter Augustus Schermerhorn died on 6th May, 1845
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
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378
SUB-DIVISION NUMBER SIX
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.
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.
379
OF THE LOUVRE FARM.
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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SUB-DIVISION NUMBER SIX
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 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
381
OF THE LOUVRE FARM.
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 Elleir, 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
382
SUB-DIVISION NUMBER SIX
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
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383
OF THE LOUVRE FARM.
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-
384
SUB-DIVISION NUMBER SIX
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.
385
OF THE LOUVRE FARM.
Adeline E. Schermerhorn executed the deed required in the will of Peter Schermerhorn, which deed is recorded in Liber 608 Conveyances, 621.
TITLE TO THE ONE-FOURTH VESTED IN ISAAC C. JONES.
Isaac C. Jones died intestate on 122th May, 1831, leaving him surviving Rebecca Jones his widow, and
I. Lewis C. Jones.
2. Helen Jones,
3. Alice Jones,
his children and only heirs-at-law.
HELEN JONES, of Ist part,
WOODBURY LANGDON,
of 2d part,
JAMES I. JONES, GEORGE JONES 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
386
SUB-DIVISION NUMBER SIX
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 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.
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387
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
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