| deed listed at liber 456 pp 449 - 453 |
| John de Courcey Ireland, Montgomery Sicard, James Duane Irland, Robert Livingston Ireland and Louis H Junge, Executors of last will and testament of John B Ireland, deceased to Robert A Beatty. |
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THIS INDENTURE, Made the Twenty-fourth day of November, in the year Nineteen Hundred and Fifteen BETWEEN JOHN DE COURCEY IRELAND, MONTGOMERY SICARD, JAMES DUANE IRLAND, ROBERT LIVINGSTON IRELAND AND LOUIS H. JUNOD, as surviving Executors of the last Will and Testament of John B. Ireland, deceased, late of the City, County and State of New York, parties of the first part, and ROBERT A. BEATTY, who resides at No. 509 West 112th Street, in the said City, County and State of New York, party of the second part. WHEREAS, heretofore and on or about the 17th day of April 1906, said John B. Ireland, now deceased, entered into a written contract with said Robert A. Beatty, wherein and wheereby he agreed to convey to the said Robert A. Beatty, the "Lower Pell Farm" at Esopus, New Paltz, and WHEREAS, thereafter the said John B. Ireland and Adelia Duane Ireland, his wife, executed and delivered to the said Robert A. Beatty, for the purpose of carrying out said contract, a deed dated the 16 day of May 1906, and recorded on the 18th day of May 1906, in the Office of the Clerk of Ulster County, in Liber 394 of Deeds at page 566, and WHEREAS, the property conveyed by said deed failed to include all the property known as said "Lower Pell Farm" and omitted the parcel hereinafter described; and WHEREAS, said Robert A. Beatty thereafter brought an action in the Supreme Court, County of Ulster, for the purpose of reforming said deed, and to compel said John B. Ireland, and Adelia Duane Ireland, his wife, to execute and deliver to him a deed of reformation which would include the parcel hereinafter described, and which was omitted from said original deed and in which action the summons, complaint and lis pend3ens were filed in the office of the Clerk of Ulster County, on September 22nd, 191`0, and WHEREAS, said Robert A. Beatty thereafter recovered in said action a judgment dated the 22nd day of March 1913, and filed in the office of the Clerk of Ulster County, on the 27th day of March 1913, wherein it was ordered and adjudged that the said Robert A. Beatty have judgment upon the merits against said John B. Ireland and Adelia Duane Ireland, his wife, and wherein it was further ordered and adjudged that said John B. ireland and Adelia Duane Ireland, his wife, execute and deliver to said Robert A. Beatty, a deed of reformation as prayed for aforesaid; and WHEREAS, said John B. Ireland, died a resident of the County of New York, on or about the 11th day of October 1913, leaving a last Will and Testament, which was duly admitted to probate by one of the Surrogates of the County of New York, and of which last Will and Testament Adelia Duane Ireland, John DeCourcey Ireland, Montgomery Sicard, James Duane Ireland, Robert Livingston ireland and Louis H. Junod, thereafter duly qualified as executors, and WHEREAS, said judgment entered on the 27th day of March 1913, was thereafter duly affirmed by an order of the Appelate Division of the Supreme Court for the Third Judicial Department made at the September 1915, Term of said Court, and of which order of affirmance a certified copy was filed in the Office of the Clerk of Ulster County, on the 3rd day of November 1915, and WHEREAS, a judgment of affirmance on said order of affirmance was duly made and filed in the Office of the Clerk of Ulster County, on the 5th day of November, 1915, wherein it was ordered and adjudged that the parties of the first part, and said Adelia Duane Ireland, all the Executors of John B Ireland, deceased, execute and deliver to the said Robert A. Beatty, a deed of reformation as prayed for as aforesaid; and WHEREAS, said Adelia Duane Ireland, the wife and one of the Executors of said John B. Ireland, deceased, died on or about the --- day of -------- 1915. WITNESSETH, That the said parties of the first part, by virtue of the power and authority to them given in and by the said last Will and Testament, of said John B. Ireland, deceased, and in pursuance of said judgment, filed inthe Office of the Clerk of Ulster County, on the 5th day of November 1915, affirming said judgment entered in the office of the Clerk of Ulster County, on the 27th day of March 1913, and in consideration of the sum of One Dollar, lawful money of the United States, paid by the said party of the second part, do hereby grant and release, unto the said party of the second part, his heirs and assigns forever, ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND, situate, lying and being in the Town of Esopus, County of Ulster, bounded and described in former deeds of record, as follows: -- BEGINNING at a stake set in the ground, for the corner of Pellville Farm, and is also a corner of lands owned by Joshua W. Beaver, and running from thence along the land owned by Martin H. Beaver, according to a survey thereof, made by George Van Vliet, South 15 degrees 15 minutes West 7 chains to a stake and monument of stone; thence South 28 degrees 45 minutes West 9 chains 40 links to a point in the centre of the public highway leading from the ferry at Hyde Park, to the ferry at Rondout; thence along the centre of said Highway, as follows: - South 54 degrees 45 minutes East 1 chain 70 links, thence South 13 degrees 30 minutes East 4 chains; thence South 2 degrees 30 minutes West 1 chain 98 links to a mark on a rock, 37-1/2 links distant on a course of South 80 degrees 45 minutes East from a white oak tree, standing on the West side of said Road, thence along the North side of the orchard owned by Myer G. Beaver, and along the general course of the fence South 80 degrees 45 minutes East 7 chains 50 links to a corner of walls, on the line of lands occupied by John O. Beaver, thence along the line of said lands along the general course of said wall as follows: -- North 8 degrees 30 minutes West 1 chain 30 links to angle of wall, thence North 10 degrees 30 minutes East 1 chain 30 links to angle of wall, thence North 30 degrees East 70 links to angle of wall, thence North 20 degrees 30 minutes East 1 chain 50 links to angle of wall; thence North 8 degrees 30 minutes East 2 chains 10 links to angle of wall; thence North 12 degrees East 1 chain 98 links to a point on the Southerly line of Pellville Farm, 15 links Northerly from the centre of white oak tree, thence in company with the line of Bellville Farm, as follows: -- North 75 degrees West 1 chain 67 links to a monument of stone in the corner of the fence; thence North 3 degrees East 4 chains 28 links to a large pine stump; thence North 78 degrees West 2 chains 98 links to the West side of a chestnut stump standing on the Easterly side of Beaver Creek; thence along the Easterly side of said Creek, North 22 degrees East 4 chains 32 links to a stake and monument of stone, where a wall formerly stood, thence North 81 degrees West 1 chain 70 links across Beaver Creek, and the private road, to a stake set, thence along the Westerly side of said road, North nineteen degrees East 3 chains 85 links to a stake, standing at the Southeast corner of the nursery, thence along the nursery in range with a walnut tree marked, North 67 degrees West 1 chain 30 links, thence North 47 degrees West 1 chain to the place of beginning. Containing 13 acres, 2 roods and 15 perches of land. TOGETHER with the appurtenances, and also, all the estate, which the said testator had at the time of his decease in said premises, and also the estate therein, which the said parties of the first part, have or have power to dispose of, whether individually, or by virtue of said will or said judgments or otherwise. TO HAVE AND TO HOLD the above granted premises, unto the said party of the second part, his heirs and assigns forever. IN WITNESS WHEREOF, The said parties of the first part, have hereunto set their hands and seals, the day and year first above written. In Presence of On this 20 day
of April, in the year nineteen hundred and Sixteen, before me,
personally appeared John De Courcey Ireland, one of the executors of the
last will and testament of John B. Ireland, deceased, to me known and
known to me to be one of the individuals described in and who executed
the foregoing instrument STATE OF NEW YORK I, William F. Schneider, Clerk of the County of New York, and also Clerk of the Supreme Court for Said County, the same being a Court of Record, do hereby certify that Francis X. Goette whose name is subscribed to the deposition or certificate of the proof or acknowledgment of the annexed instrument, and thereon written, was, at the time of taking such deposition or proof or acknowledgment, a Commissioner of Deeds in and for the City of New York, duly commissioned and sworn, and authorized by the laws of said state, to take depositions and also to administer oaths to be used in any Court in said State and for general purposes; and also to take acknowledgments and proofs of deeds of conveyances for land, tenements or hereditaments in said State of New York. And further, that I am well acquainted with 6the handwriting of such Commissioner of deeds and verily believe that the signature to such deposition or certificate of proof or acknowledgment is genuine. In testimony whereof,
I have hereunto set my hand and affixed the seal of said Court and
County, the 6 day of May, 1916. similar depositions are noted for Montgomery Sicard, notarized by Anthony LoForte in
New York |
| This typewritten record located in the Ulster County Clerk's Vault Room, Kingston, New York was transcribed for this web on December 30, 2001 |
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