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 9
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135
LOT NUMBER TWO.
of such survivor, to divide the same equally between the said children, share and share alike, and to execute Deeds accord- ingly. But if only one of the children of my said sister, Cor- nelia, should attain the age of twenty-one years, then such child shall have the whole of his or her mother's share of my said Real Estate. And in case all the children of my said sister, Cornelia (so surviving her as aforesaid), should depart this life before they, or any of them, should attain the age of twenty-one years, and without Issue, then, and in such case, I order and direct that the said Trustees, and the survivor of them, or the heirs of such survivor, shall convey in fee simple the whole of the said one-seventh part of my said Real Estate, with the interest or proceeds thereof, which may be unexpended in their or his hands to the like uses and purposes, and in the same manner and proportions, and to the same persons that the other six seventh parts of my Real Estate is bequeathed to in this my last will and testament; and in case the said Trustees shall, in their discretion, at any time think it most for the advantage of my said sister, Cornelia, or of her children, to sell the Real Estate hereby intrusted to them, or any part thereof, I do hereby author- ize and empower the said Trustees, and the survivors and sur- vivor of them, to sell the same and proper Deeds to execute therefor, and the proceeds thereof to be placed in such funds as the said Trustees, or the survivor of them shall judge safest, and the interest to be applied as aforesaid, and the principal to be divided and paid as before directed. And lastly, I make and ordain my said brothers, James Beekman, John Beekman, and Gerard Beekman, to be executors of this my last will and testa- ment, hereby utterly disallowing and revoking all former wills by me made ; and giving to my said Executors, and to the sur- vivors and survivor of them, full and ample power to dispose of all or any part of my said real Estate, whatsoever and whereso- ever situated, either at public or private sale, in such manner and at such times as they may think proper, with full power to
136
THE JAMES BEEKMAN TRACT.
execute good and sufficient conveyances in the Law to the pur- chasers thereof, their heirs and assigns forever."
DEED.
JAMES BEEKMAN and LYDIA, his wife, to GERARD BEEKMAN.
Dated 3d April, 1818. Ack. 7th April, 1818. Rec. Ist May, 1818. 126 Conveyances, 477. Consideration, $1,428.50
CONVEYS one equal undivided seventh part or share (the whole into seven equal parts or shares to be divided) of all that certain piece or parcel of land situate in the Ninth Ward of the City of New York, now belonging to and held in common by and among all the surviving heirs of their late brother, Samuel Beekman, deceased (being his equal third part of the Farm or Homestead of their late father, James Beekman, deceased), according to the metes and bounds thereof, as settled and established by and between the said Samuel and the parties to these presents, as will appear in and by a certain Deed Tri- partite, made and executed by and between the said Samuel and the parties to these presents on the fifteenth day of Novem- ber, in the year one thousand eight hundred and fifteen, refer- ence being thereunto had. Containing seven acres and one-fifth part of an acre of land, whereof one equal undivided seventh part or share is hereby intended to be sold and conveyed.
Mary N. Bayard, having survived her husband, Stephen N. Bayard, died, in 1831, intestate and without issue, leaving, as her only heirs-at-law, her brothers, James Beekman, Gerard Beekman and John Beekman, and her sisters, Jane Van Cort- landt, Catharine Boudinot and Cornelia Cox.
Last Will and Testament of GERARD BEEKMAN.
Dated 6th Mar., 1832. Proved 21st Aug., 1833. 70 Wills, 422.
137
LOT NUMBER TWO.
The testator directs payments of certain legacies and an annu- ity of $1,500 to his wife, and devises to her the use and occupa- tion of his house and stables, and the lots of ground on which they are erected, one fronting on Bleecker Street and the other on Greene Street in the city of New York, during her widow- hood, all which he declares to be given in lieu of and in full bar of her dower. He authorizes his executors, in case his personal estate, and the rents and profits of his real estate prove insuffi- cient, to sell and convey his real estate to raise an amount ade- quate for that purpose. He expressly charges his estate, real and personal, with the payment of the said annuity to his wife, but provides that such lien shall cease as to such parcels as may be conveyed by his executors, in pursuance of the power vested in them by his will. All and singular, the rest, residue and remainder of his estate, real and personal, whatsoever and wheresoever the same may be, he gives, devises and bequeaths to his beloved son James William, his heirs, executors and ad- ministrators and assigns forever. The testator then provides that in the event of his having other children born of his wife Catharine, that they shall share equally with his son James Wil- liam in the said residuary part of his estate. In case his said child or children should be under the age of twenty-one years at the time of his decease he vests said residuary estate in his exe- cutors, with full power to sell and convey the same, and to par- tition the same amongst his said children, and to transfer her or his share to each when they respectively arrive at full age, directing them not, however, to deliver the actual possession of the share or estate to either of his children before he or she attains to lawful age. Testator provides for certain remainders over, in case all his children die under age, without lawful issue. He appoints Geo. W. Strong, David Codwise, John L. Mason, James C. Roosevelt and Isaac Adriance his executors, giving to his said Executors full power to sell and convey all or any part of his estate, real and personal, at their discretion.
138
THE JAMES BEEKMAN TRACT.
It is stated in the bill in the following suit, that at that time Catharine Boudinot and Jane Van Cortlandt were both ad- vanced in years, and were both childless, never having had issue ; and that Cornelia Cox had two children, Abraham B. Cox and Catharine M. Cox, both then of full age.
IN CHANCERY. Before Chancellor.
JAMES BEEKMAN and JOHN BEEKMAN, as trustees, etc., and in their own right, vS. STEPHEN VAN CORTLANDT, JANE VAN CORTLANDT, CATHARINE BOUDINOT, CORNELIA COX, CATHARINE M. COX, JAMES W. BEEKMAN and ABRAHAM B. Cox.
1836-December 31. Bill of partition filed. 1837-February 15. Answer of all defendants filed. February 15. Order of reference on title, etc. May 23. Decree of partition entered.
1838-May
15. Commissioners' report on partition filed. All large lot number 2, which comprised lots 1 to 115 on a map attached to their report, was set apart to James W. Beek- man.
September 3. Final decree entered.
1839-June I. Decree enrolled.
Pending the above suit, James Beekman died, leaving a will set forth at large on next page, in the title to lot number three.
he
ET
en
139
LOT NUMBER THREE.
This lot was set apart to Gerard Beekman.
DEED.
GERARD BEEKMAN and CATHARINE, his wife, to JAMES BEEKMAN.
Dated 2d April, 1818. Ack. 17th April, 1818. Rec. IIth May, 1818. I27 Conveyances, 458. Consideration, $10,000.
CONVEYS said lot number 3.
Last Will and Testament of JAMES BEEKMAN.
Dated 8th Sept., 1835. Proved 8th May, 1837. 76 Wills, 268.
After bequeathing certain legacies the testator provides as fol- lows : " As to all the residue of my estate, real and personal, what- soever or wheresoever, which I may own or be in any manner entitled unto at the time of my decease, I give, devise and be- queath the same unto my beloved nephew, James William Beek- man son of my late brother, Gerard Beekman To have and to hold the same and every part thereof; with the appurtenances, into him, his heirs, executors and administrators and assigns for- ever." The testator provides for certain remainders over in case said devisee should die under the age of twenty-one years, without leaving lawful issue.
Thus James W. Beekman became seised of the whole of the farm in question, comprising large lots 1, 2 and 3. This tract he divided into city lots and caused a map thereof to be filed in New York Register's office in case number 2II.
Notes on the James Beckman Tract.
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attached to Release's report of sale in out of
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Estate of GEORGE YOULE. dect.
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JAMES BEEKMAN.
Land of
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19
THE CATHARINE LIVINGSTON TRACT.
This tract is included in the following patent :
PATENT.
SIR EDMUND ANDROS, Governor, etc., to DAVID DUFFORE.
Dated 9th Oct., 1677. Recorded in Secretary of State's Office at Albany. 4 Patents, 127.
" Whereas there is a certayne piece of land upon this Island Manhatans, ye which, by vertue of my warrant, hath been layd out for David Duffore being in breadth by ye water side eighty rodd, being bounded to ye Northeast by ye land of John Dan- ielson, Ranging Northeast into ye commons and to ye Southwest by ye land of Gabriell Curtesee, containing in all sixty acres, as by ye return of ye survey may and doth appear."
CONVEYS said premises to the patentee, reserving a quit rent " of one bushell of good winter wheat, to be paid at New York."
142
THE CATHARINE LIVINGSTON TRACT.
DAVID DEFFORE and JANE, his wife, to DAVID DEFFORE, JUN.
DEED.
Dated 7th May, 1760. Not Recorded.
CONVEYS all that certain Track or Parcell of Lands, scituate Lying and Being in the out Ward of the City of New York Butted and Bounded as follows : Lying by the Coale Hill, being in breadth by the Water side Eighty Rod, Bounded to th Northeast By the land formerly of John Dannielson But now i the Possession of John Provoost, Ranging Northwest into th Woods one Hundred and Twenty Rods, Bounded Northwes by the Commons and to the Southwest by the Land formerl. of Gabriell Curtosee, but now or late in the Possession of An dries Anderson. Containing in all Sixty Acres.
MORTGAGE.
DAVID DEFFORE, JUN., and MARY, his wife, to DAVID DEFFORE.
TO SECURE £24. Dated 7th May, 1760. Proved 22d June, 1764. Reg. 22d June, 1764. I Mortgages, 431.
COVERS same premises by same description.
DEED.
DAVID DEFFORE to CORNELIUS CLOPPER.
Not recorded but recite in description in mort gage recorded in Mortgages, 408.
CONVEYS the tract in question,
143
THE CATHARINE LIVINGSTON TRACT.
Last Will and Testament of CORNELIUS CLOPPER.
Dated 20th Aug., 1796. Proved 18th May, 1797. 42 Wills, 198.
PROVIDES, after giving certain legacies, &c., that, in case his daughter Catherine Turnbull shall become a widow, then all his real estate, not therein before disposed of, shall go to her, her heirs and assigns forever ; but in case she die before her husband, that his Executors shall sell his said real estate, and divide the residue of his estate between Catharine Van Alen and Cornelius Clopper Van Alen, in the proportion of two thirds to Catharine Van Alen and one third to Cornelius Clopper Van Alen.
By codicil, dated 16 January, 1797, testator provides as fol- lows : " I give and bequeath to him, my said nephew, Cornelius C. Van Alen, to him, his Heirs and Assigns, my farm or Country seat at Turtle Bay, on the Island and in the State of New York, situate next adjoining the farm or Country seat of Jeames Beek- man, Esquire, with all and singular the hereditaments and ap- purtenances thereto belonging, and I do hereby annul and make void anything in my will to the contrary of these my intentions."
DEED.
CORNELIUS C. VAN ALEN to JACOB WILKINS, JR.
Dated 31st July, 1798. Ack. 29th Aug., 1798. Rec. 2Ist Feb., 1800. 57 Conveyances, 436. Consideration, $7,250.
CONVEYS all that certain messuage, lot, piece or parcel of land, situate, lying and being in the Seventh Ward of the City of New York, fronting the East River, being the farm formerly belong- ing to Cornelius Clopper, deceased, which said messuage and lot, piece or parcel of land, hereby granted and released, or intended to be hereby granted and released, is bounded
144
THE CATHARINE LIVINGSTON TRACT.
as follows, vizt: " beginning at high waters mark on the East River and running from thence up along the land of James Beekman North Forty-five degrees, West Twenty chains and fifty-eight links to a stake on the highway ; thence along the said highway North Eighty-nine degrees, East four chains and fifty-seven links ; thence North Sixty-one degrees and thirty min- utes, East two chains and sixty-one links to a stake on the bounds of Martin Hoffman's land ; thence along the land of the said Martin Hoffman, including the lane leading to the premises hereby granted, South forty-five degrees, East sixteen chains and sixty links to high waters mark in the East River ; thence along high water mark on the said East River to the first station or place of beginning. Containing eleven acres of land, be the same more or less.
The distances given in this survey are not long enough to reach the recent Eastern Post Road by about 100 feet.
DEED.
JACOB WILKINS, JR., and ABBY, his wife, to EDMUND SEAMAN.
Dated 23d Dec., 1799. Ack. 26th Dec., 1799. Rec. 24th Oct., 1827. 227 Conveyances, 47. Consideration, £5,000.
CONVEYS same premises by the same description.
Last Will and Testament of EDMUND SEAMAN.
Dated 15th April, 1823. Proved 2d Oct., 1826. 60 Wills, 496.
" I Give, devise and bequeath to my son Robert Seaman, and to his heirs and assigns forever, in fee simple, all that certain piece of land situate, lying and being at Turtle Bay, in the Ninth Ward of the said City of New York, with the message and ap-
145
THE CATHARINE LIVINGSTON TRACT.
ourtenances thereunto appertaining, which formerly belonged o Cornelius Clopper, as the same is now held and occupied by me, containing Ten acres, be the same more or less."
Robert Seaman, the above named devisee, died intestate in April, 1835, leaving him surviving his sister Catherine Living- ston, his only heir at law.
The said Catherine Livingston, widow, died on 19th Septem- ber, 1859, intestate, leaving the following heirs at law :
Nicholas G. Kortright,
Jasper H. Livingston, Henry B. Livingston, Eliza, wife of Nicholas Cruger,
Catherine L., wife of Maurice Power, and John L. Kortright,
children of Catherine Livingston ;
Mary C., wife of Alfred F. de Luze,
John F. Kortright, and
Sarah A. Kortright,
children of Edmund Kortright, a deceased son of Catherine Livingston,
Katharine S., wife of Henry J. Seaman,
Henry J. Seaman, Jr., and
Hester Mary, wife of Robert T. Howard,
children of Hester Mary Seaman, a deceased daughter of Catherine Livingston.
On the 10th November, 1859, John L. Kortright, one of the children of Catherine Livingston, died intestate, leaving him surviving Freelove Kortright his widow, and the following heirs-at-law :
Charlotte, wife of Oliver Powell,
Susan, wife of Solomon Brush,
146
THE CATHARINE LIVINGSTON TRACT.
Juliet, wife of Frederick W. Renwick, his children, and Nicholas Kortright, John Kortright, and Robert Kortright, children of Henry Kortright, a deceased sc of John L. Kortright.
SUPREME COURT.
CITY AND COUNTY OF NEW YORK.
NICHOLAS G. KORTRIGHT and SARAH J., his wife, Plaintiffs, vS.
JASPER H. LIVINGSTON and MATILDA, his wife, HENRY B. LIVINGSTON and VALENTINA, his wife, NICHOLAS CRUGER and ELIZA, his wife, MAUR- ICE POWER and CATHARINE L., his wife, ALFRED F. DE LUZE and MARY C., his wife, JOHN F. KORTRIGHT, SARAH A. KORTRIGHT, HENRY J. SEAMAN and KATHARINE S., his wife, HENRY J. SEAMAN, JR., ROBERT T. HOWARD and HESTER MARY, his wife, OLIVER POWELL and CHAR- LOTTE, his wife, SOLOMON BRUSH and SUSAN, his wife, FREDERICK W. RENWICK and JULIET, his wife, FREELOVE KORTRIGHT, NICHOLAS KORTRIGHT, JOHN KORTRIGHT and ROBERT KORTRIGHT, Defendants.
147
THE CATHARINE LIVINGSTON TRACT.
1859-November 4. Complaint in partition filed.
November 10. Nicholas Cruger and Eliza, his wife, Al- fred F. de Luze and Mary C., his wife, John F. Kortright and Sarah A. Kort- right appear by Richard E. Mount, Jr. November 11. Jasper H. Livingston and Matilda, his wife, Henry B. Livingston and Valen- tina, his wife, Maurice Power and Catharine L., his wife, appear by Wil- liam H. Jansen.
December 13. Order continuing the action against the heirs at law of John L. Kortright.
December 14. Amended complaint filed.
December 31. Affidavit of service of summons on Nich- olas Kortright, John Kortright and Robert Kortright, infants, and on their mother, Mary Kortright.
December 31 Richard E. Mount, Jr., appointed guardian ad litem of Nicholas Kortright, John Kortright and Robert Kortright.
1860-January
2. Oliver Powell and Charlotte, his wife, Solomon Brush and Susan, his wife, Frederick W. Renwick and Juliet, his wife, and Freelove Kortright appear by Richard E. Mount, Jr.
January
5. Answer of Henry J. Seaman and Kathar- ine S., his wife, Henry J. Seaman, Jr., Robert T. Howard and Hester Mary, his wife, filed ; James W. White, at- torney.
January 5. Answer of infant defendants filed.
January 5. Order of reference to Dayton Hobart, on title, &c.
March 10. Report on title filed.
SO
148
THE CATHARINE LIVINGSTON TRACT.
March IO. Judgment of sale entered.
May 22. Referee's report of sale filed and col firmed.
May
22. Ordered, on consent of all solicitors an of guardian ad litem, that the amende summons (the order of 13th Decembe not containing a direction that the sun mons be amended) " be issued an filed nunc pro tunc as of the 15 De cember, 1859, with the same force an effect as if the same had been issue and filed on that day by virtue of a order of this Court."
1861-February 20. Order entered amending complaint, re port of referee and judgment by sul stituting the word "North" fc "South" in one of the courses in th description of the tract in question.
1865-February 24. Summons and supplemental complain filed, averring that lots 31 and 22 1/2 0 page 10, 11/2 on page 14, 1, 2, 3, 4, 5 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20 21 and 22 on page 15, were not taken b the several purchasers who bid th same off at the sale, but were, by agree ment between the several parties t this action, held on joint account an for the common benefit of all ; that th small gore on the West side of Secon Avenue was not sold, that Sarah A Kortright married John Makin on April, 1864; that Henry J. Seama died in year 1861 or 1862, and the Susan Brush died on I May, 1861, ir
149
THE CATHARINE LIVINGSTON TRACT.
testate, leaving her surviving her hus- band, Solomon Brush, and four chil- dren, viz. : Sarah Emma Powell, John K. Powell, Charlotte Brush and Charles Brush.
February 24. Jasper H. Livingston and wife, Henry B. Livingston and wife, and Maurice Power and wife appear by. William H. Jansen.
May
4. Nicholas Cruger and wife, Alfred F. D. Luze and wife, John F. Kortright and wife, John Makin and Sarah A., his wife, Katharine S. Seaman, Henry J. Seaman, Jr., Robert T. Howard and wife, Oliver Powell and wife, Fred- erick W. Renwick and wife and Freelove Kortright appear by Rich- ard E. Mount, Jr.
May
18. Order entered, appointing Richard E. Mount, Jr., guardian ad litem of Sarah Emma Powell, John K. Powell, Char- lotte Brush and Charles Brush.
September 1. Order of reference to Dayton Hobart on title, facts, necessity of sale, &c.
September 2. Answer of infant defendants filed.
1866-January ond
4. Referee's report filed.
January
4. Judgment of sale entered.
April
3. Report of sale filed.
15. Order directing a conveyance of the gore on the West side of Second Avenue to James W. Beekman on payment of $100.
n 1867-March
in
-
to
the
20 b th ree
foi
th
D
ue
150
THE CATHARINE LIVINGSTON TRACT.
The following table shows the names of the purchasers of the respective lots, as given in the Referee reports of sale, and the liber and page of the conveyance to them :
LOT NUMBERS.
MAP ON PAGE.
PURCHASER.
RECORD OF DEED.
24, 25, 26, 27, 28 and 29.
IO
Isaac Geery
812 Cons. 431
30-
James Curley .
810 Cons. 323
31 and 221/2.
Benjamin T. Sealy.
Not taken.
32 and 221/2 to 38 and 151/2
John H. Power.
8II Cons. 561
39, 40, 41, 42, 43, 44, 45, 46, 47, 48
William Ryer.
808 Cons. 665
49
John F. Bahmfalk
814 Cons. 227
50-
٠٠
William H. Beekman
824 Cons. 579
4, 472, 5 -.
Anson Livingston
855 Cons. 64
6, 7, 8, 9, 10, 11, 12, 13. -
William Ryer.
808 Cons. 665
14, 391/2
Thomas F. Jeremiah
815 Cons. 205
15, 16, 17. 38/2, 371/2, 361/2, 18, 351/2, 19, 34% , 20, 33 /2
1 S
Anson Livingston ; assigned to { John H. Power.
829 Cons. 106
21, 321/2
John M. Harlow
821 Cons. 173
22, 311/2.
Anson Livingston
829 Cons. 106
23, 24, 25, 26, 27, 28
Terence Farley
814 Cons. 317
40, 41, 42, 43, 44 -.
William Ryer.
808 Cons. 665
45-
Isaac E. Valentine.
901 Cons. 276
301/4
12
James W. Beekman
30, 29.
I3
Same
5, 6, 7 --
14
Charles E. Appleby
816 Cons. 675
8, 9, 10, II
Henry J. Seaman, Jr
828 Cons. 317
12, 13, 14, 15-
Maurice C. Hull
822 Cons. 58
16, 17, 18, 19-
E. R. Bogardus ..
819 Cons. 239
20, 21.
Nicholas G. Kortright
818 Cons. 406
١١
John H. Power.
8II Cons. 561
30, 31 ..
",
Anson Livingston
855 Cons. : 4
35 --
Jesse T. Fish
799 Cons. 637
36, 37,
G. Palmer
812 Cons. 303
38, 39 .-
14
M. C. Hull.
822 Cons. 58
40, 41, 42, 43
Patrick Treacey
814 Cons. 315 855 Cons. 64 Not taken.
11/2-
Richard E. Mount, Jr.
2, 3, 4, 50, 49, 48.
Roger Sullivan
821 Cons. 174
I.
15
Benjamin T. Sealey
2,3, 4-
Richard E. Mount, Jr.
50-
Alfred P. Arnold
5. -
Nicholas G. Kortright
6, 7, 8
Harrison Browne, Leander Stone
9- -
Henry J. Seaman, Jr.
IO, II
Nicholas G. Kortright.
12 ..
Richard E. Mount, Jr.
13-
Catharine Payne ..
14-
Nicholas G. Kortright
Not taken.
15, 16, 17, 18, 19, 20, 21.
Henry J. Seaman, Jr.
Not taken. Not taken.
22.
Richard E. Mount, Jr.
Isaac E. Valentine.
1006 Cons.249
1, 2, 3, 4
66
William A. Juch
968 Cons. 523
9, 10, 11, 12, 14, 15, 16, 17.
Michael Mahony
959 Cons. 575
22 ..
Terence Farley-
968 Cons. 429
31, 221/2
IO
Joseph McGuire
968 Cons. 431
22, 23, 24, 25, 26, 27, 28, 23.
",
Nicholas G. Kortright
818 Cons. 406
32.
44, 45, 46, 47
Anson Livingston
Not taken. Not taken. 799 Cons. 617 Not taken. 818 Cons. 212
Not taken. Not taken. Not taken.
14
Same ..
1006 Cons.249
5, 18, 19, 20, 21. .
William Ryer.
808 Cons. 665
51-
60
824 Cons. 579 Same.
..
Notes on the Catherine Livingston Tract.
STREET.
Catharine Livingstone.
21.9 25
25 .
1414
25.5
25
.
255
126.3 45.6
5H
55
56
16
17
90
9/
92
03
94
95.
96
97
00
0
140
141
142
143
144
145
146
147
20
0 1
39.1
25 25.5 -
89.6
57 15
25 98
.
-
94.2
58
25
24
100
137
23
100 -
22
150
183
10$6
60
-
108.2
61
112.10
62
26
100
27
10H
/33
/2.2.7 12.6.7
100.5
89
- 75
31
107
130.
30
35.3 67
87
108
129:
i
1
395
86
109
128
433
33
110
4 /27
-
161
67.7
!
-
- -
37
1125
125
162
63.1. 171
76.112
72
82
34
75
113
124 .
39
163
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THE GEORGE YOULE TRACT.
This tract is also included in the Patent to David Duffore, set forth at large in Abstract of the Catharine Livingston Tract, and was conveyed by a descendant of the patentee to David Deffore, Jun., who gave a mortgage back, which is recorded in Liber I Mortgages, 431, and which is still open of record.
MORTGAGE.
DAVID DEVORE to JOHN BROVOORT.
TO SECURE £300. Dated 4th May, 1770. Ack. 4th May, 1770. Reg. 4th May, 1770. 2 Mortgages, 438.
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