John Astor Gift included in NY Public Library

III.

DECLARATION OF THE TRUSTEES SELECTING THE ORIGINAL ASTOR LIBRARY SITE, ETC.

Dated, 13 April, 1849. Recorded 16 June, 1849. Liber 521 Of Conveyances, Page 582.

To all to whom these presents shall come, The Trustees of the Astor Library send Greeting:

ilM)crcus prior to the incorporation of the said Trustees they on the second day of November last selected the land hereinafter described as a site for their Library Edifice, and in the act of selection did also express that the Library edifice was also to have the advantage of light and air from the rear by having twenty-five feet in the rear extending of the same width and embraced in a continuation of the same said lines unoccupied by buildings and subject to an easement in favour of the said Library building for these purposes &nb vol)crcas difficulties have been suggested as to the said proposed easement, and thereupon the said Trustees determined to relinquish the purpose of obtaining the said easement and with this alteration to continue the selection of the site heretofore made.

Now these presents witness That the Trustees of the Astor Library acting in execution of the powers to them given by the codicils of the will of John Jacob Astor Deceased have selected and do hereby select the lands hereinafter mentioned as the site of the said Library being bounded as follows:

Beginning on the easterly side of Lafayette Place where the Northerly line of the lands belonging to William B. Astor Esquire strikes Lafayette Place which line divides those lands from the lands of the said testator and running thence along the Easterly side of Lafayette Place Sixty-five feet Northerly thence Easterly in a line at right angles to Lafayette Place one hundred and twenty feet thence on a line parallel to the Easterly side of Lafayette Place sixty-five feet to the land of William B. Astor Esquire thence Westerly along that land and perpendicular to the line of Lafayette Place one hundred and twenty feet to the place of beginning.

Stnb these presinto farther witness that The Trustees of the Astor Library do hereby certify the site so selected to the Executors of the will of the said John Jacob Astor to the end that the lands so selected may be fairly and justly valued by the said executors and that the amount of the said valuation shall be apportioned among the devisees of the lands out of which the said selection has been made and held and disposed of as the land was both as to capital and income according to the codicils of the said testator.

2lnb the Trustees of the Astor Library do hereby abandon and relinquish all purpose of claiming the easement aforesaid originally proposed to be acquired and they discharge all other lands of the said testator from being chosen as the site of the said Library Edifice.

3n witness rohereof the said Corporation have caused these presents to be sealed with their common seal and signed by their President and Secretary this thirteenth day of April in the year of our Lord one thousand eight hundred and forty nine.

Washington Irving (seal) (corporate Seal) President,

Saml B. Ruggles (seal) Secretary

IV.

DEED BY THE EXECUTORS OF JOHN JACOB ASTOR, DECEASED, OF THE ASTOR LIBRARY SITE.

Dated, 19 April, 1849. Recorded, 13 June, 1849. Liber 523, Of Conveyances, Page 379. ®o all to wl)otn these presents sh.all route: William B. Astor, Washington Irving, James Gallatin, Daniel Lord, and John Jacob Astor only qualified Executors of the Will of John Jacob Astor deceased, and the Trustees of the Astor Library incorporated by a law passed January one thousand eight hundred and forty-nine, send greeting: iXJI)crcas the said John Jacob Astor now deceased, by a codicil bearing date the twenty-second, day of August in the year of our Lord one thousand eight hundred and thirty-nine to his Will, did appropriate four hundred thousand dollars out of his residuary estate to the establishment of a public library in the city of New York, and in the said codicil appropriated certain lands to be the site of the Library edifice, and directed his executors to convey to the said Trustees in fee simple the said land by such proper assurances as should secure the land for the purpose of the Library and on condition to be

applied and used therefor: anb tol)crcas by a further Codicil to his said will bearing date the third of March in the year of our Lord one thousand eight hundred and forty-one, the said Testator did further provide that if the Trustees of the said Library should before commencing the building think a situation on the easterly side of Lafayette Place preferable, then he authorized his executors, instead of the site before selected by him to convey to the Trustees of the Library as a site therefor so much land on the easterly side of Lafayette Place as should be sixtyfive feet in front, and one hundred and twenty feet deep, to be selected out of his lands there by the said Trustees, and did direct that the site so selected should be fairly and justly valued by his executors and the amount of such valuation should be apportioned among the devisees of the lands out of which the selection should be made, and be held and disposed of, as the land was, both as to capital and income, anb whereas the building of the Library edifice has not yet been commenced, and the Trustees named in said Will surviving, did before their incorporation, by a deed under their hands and seals bearing date the second day of November last, select the site hereinafter described, as preferable to the other sites contemplated and mentioned by the said testator in the said codicils which selection they also ratified and confirmed by deed under their corporate seal and bearing date the eighteenth day of April instant and executed under the common seal of the said Trustees since their Incorporation, and the said Trustees did further request the site, so newly selected as aforesaid to be valued according to the said will and a Conveyance thereof to be made to them.

Now these presents witness that the said executors acting under the power conferred on them by the said Codicils and every of them, have valued the site so selected by the said Trustees and hereinafter appointed and conveyed to them at the sum of twenty-five thousand dollars to be paid out of the said legacy for the establishment of the said Library, to the persons entitled to the same lands, to be held and disposed of as the land was both as to capital and income. <2tni> these presents farther witness that the said William B. Astor, Washington Irving, James Gallatin, Daniel Lord and John Jacob Astor, Executors as aforesaid, acting under the powers in the testamentary codicils of the said John Jacob Astor deceased, to convey the lands for the site of the Library aforesaid and also under all and every power authority and right as enabling or entitling so to convey have appointed and conveyed and do hereby appoint and convey, unto the Trustees of the Astor Library, their successors and assigns the following piece and parcel of land, being the site for the Library building, selected out of the lands of the said John Jacob Astor deceased by the Trustees in the Codicil of the said John Jacob Astor named and valued as aforesaid by the executors of his Will, that is to say:

Beginning in the Easterly side of Lafayette Place, where the northerly line of the lands belonging to William B. Astor, strikes Lafayette Place, which line divides these lands from the lands of the said testator, and running thence along the Easterly line of Lafayette Place sixty-five feet northerly, thence in a line at right angles to Lafayette Place one hundred and twenty feet, thence on a lin.e parallel to the Easterly side of Lafayette Place sixty-five feet to the land of William B. Astor, thence westerly along that land and perpendicular to Lafayette Place one hundred and twenty feet to the place of beginning. ®o I)ttoe ttnb t0 holb the same unto the trustees of the Astor Library, their successors and assigns to their own use forever, as and for the purpose of the Library aforesaid according to the said devise anb the Trustees of the Astor Library do hereby accept the Conveyance of the said lands at the valuation aforesaid, and do hereby grant and covenant to and with the aforesaid executors of the will of the said John Jacob Astor Deceased on behalf of the devisees of the said lands, and with the said devisees and their assigns according to their several and respective interests, that the amount of the said valuation, namely, the sum of Twenty-five thousand Dollars may and shall be paid out of the funds given to the Trustees for the said Library by the said testator to be apportioned among the devisees of the said lands out of which the selection of the said site hath been made, and to be held and disposed of as the land was, both as to capital and income, according to the terms and true intent and meaning of the devises of the said testator in this behalf;

Jh imtncos uiljcrcot the said Executors have hereunto in duplicate set their hands and seals, and the Trustees of the Astor Library have hereunto set their Corporate seal the nineteenth day of April in the year of our Lord one thousand eight hundred and forty-nine.

Washington Irving (seal) Wm. B. Astor (seal) Jas. Gallatin (seal)

Daniel Lord (seal)

J. J. Astor (seal)

The Trustees Of The Astor Library

by (corporate Seal) Washington Irving

President Attest:

Sam. B. Ruggles,

Secretary.

DEED BY CECILIA NOTTBECK AND HUSBAND, OF

PREMISES ON THE EASTERLY SIDE OF

LAFAYETTE PLACE.

Dated, 2 August, 1855. Recorded, 7 August, 1855. Liber 694 Of Conveyances, Page 32. ®l)is 3nbentnre made the second day of August one thousand eight hundred and fifty-five between Cecilia Nottbeck and Jean Nottbeck her husband of the City of St. Petersburgh in the empire of Russia, by. Joshua Coit their Attorney duly authorized by a power of Attorney bearing date the twenty-eighth day of March one thousand eight hundred and fifty-five and recorded in the office of the Register of the City and County of New York, parties of the first part Daniel Lord of the City of New York one of the Executors of John Jacob Astor deceased party of the second part, and the Trustees of the Astor Library an Incorporation under the law of the State of New York parties of the third part nutnesaeth, tl)ttt whereas the said John Jacob Astor in and by his last Will and Testament and by certain codicils thereto annexed executed and published in due form of law to pass real estate and duly admitted to probate by the Surrogate of the City and County of New York, did devise to the above named Cecilia Nottbeck

then Cecilia Langdon together with Eliza A. Langdon, Louisa Langdon, John Jacob Astor Langdon, Walter Langdon, Woodbury Langdon and Eugene Langdon or to such of them as should survive him certain real estate including the premises hereinafter described, To Have and To Hold to the said devisees in equal shares for their lives respectively, with remainder over, and the said testator in and by his said Will and Codicils further provided, that any person who should take an estate for life under the said Will might with the assent of one of his executors uniting in the Deed to manifest the same sell and convey in fee simple to the extent of one half in value of the lands devised to such life tenant in order to raise money for the improvement of the residue for which application of the money so to be raised such executor should make provision before giving such assent and his uniting in the deed should make the same an effectual conveyance to the parties accepting the same who should thereby be freed from seeing to the application of the purchase money.

Qtnft whereas the said John Jacob Astor Langdon departed this life before the death of the said testator, and the surviving devisees above named have procured partition of the said devised premises among themselves to be made pursuant to the provisions of the said Will and upon such partition the premises hereinafter described have been set apart to the said Cecilia Nottbeck in severalty, and the said Cecilia Nottbeck is thereby and by virtue of the said Will and Codicils entitled to an estate for life in severalty therein and the said hereinafter described premises do not exceed one half in value of the lands so devised to her onil mhereos the said Cecilia Nottbeck has under and by virtue of the above recited power and with the assent of the said party of the second part executor as aforesaid manifested by his uniting in this Deed, for that purpose bargained and agreed to sell and convey the premises hereinafter described to the party of the third part in order to raise money for the improvement of the residue of the lands devised to her, And the said party of the second part as such executor has before giving his consent thereto made provision for the application of the money to be raised upon such sale for improvement of such residue of the lands devised to her notn therefore this jJnbentnre ttritnesseth, that the said Cecilia Nottbeck party of the first part, under and by virtue of the power in the said Will contained and above recited and with the assent of the said party of the second part executor as aforesaid manifested by his uniting herein for that purpose, and for and in consideration of the sum of Twenty thousand dollars lawful money of the United States of America the receipt whereof is hereby acknowledged, hath bargained, granted, sold and conveyed and hereby doth bargain, grant, sell and convey to the said parties of the third part their successors and assigns QUl those two certain lots pieces or parcels of ground situate lying and being in the fifteenth Ward of the City of New York which taken together are bounded as follows jLU'tjlltning at a point on the Easterly side of Lafayette Place distant three hundred and eighteen feet and ten inches, Southerly from the Southeasterly corner of Astor Place and Lafayette Place on the North line of land of the Astor Library, thence running Easterly along the line of the land of the Astor Library one hundred and twenty feet thence Northerly and parallel with Lafayette Place fifty-two feet and six inches, thence Westerly along the Southerly line of the lot designated as Number 10 on the map hereinafter described one hundred and twenty feet to Lafayette Place, thence Southerly along Lafayette Place fifty-two feet and six inches to the place of beginning being parts of lots number ii and 12 on a map of the lands belonging to the children of Mrs. D. Langdon made by Gardiner A. Sage City Surveyor April one thousand eight hundred and fifty-four and filed in the office of the Register of the City and County of New York, ®og ether with all and singular the tenements hereditaments and appurtenances thereunto belonging, and the reversion and reversions rents issues and profits thereof to tyant ono to ijjolo to the said party of the third part their successors and assigns forever. &nb the said Jean Nottbeck one of the parties of the first part in consideration of the premises doth hereby consent to and unite in this conveyance and doth hereby remise and release to the parties of the third part, all right title and interest in and to the above described premises.

Jn witness whereof the parties hereto of the first part have hereto set their hands and seals by their Attorney aforesaid and the party of the second part as such executor has hereto set his hand and seal for the purpose above recited the day and year above mentioned.

Cecilia Nottbeck, and (seal) Jean Nottbeck (seal) by Joshua Coit, Att'yDaniel Lord, Ex'or. (seal) VI.

DEED BY LOUISA KANE AND HUSBAND OF

PREMISES ON THE EASTERLY SIDE OF

LAFAYETTE PLACE.

Dated, 7 August, 1855. Recorded, 18 September, 1855. Liber 686 Of Conveyances, Page 619. Jfnbentnrc made the seventh day of August, one thousand eight hundred and fifty-five, Uetmccn Louisa Kane and Delancey Kane her husband of Newport in the State of Rhode Island, parties of the first part William B. Astor, John Jacob Astor Junior, Daniel Lord, Washington Irving and James Gallatin surviving Executors of the last Will and Testament of John Jacob Astor late of the City of New York Deceased, and trustees of the said Louisa Kane, under the provisions of the said Will and Codicils thereto, parties of the second part Daniel Lord one of the executors of the said John Jacob Astor of the third part and "The Trustees of the Astor Library" an Incorporation under the laws of the State of New York, parties of the fourth part tdittwasetl), That ml)ereas the said John Jacob Astor, in and by his said last Will and Testament and by certain Codicils thereto annexed, executed and published in due form of law to pass real estate and duly admitted to probate by the Surrogate of the City and County of New York, did devise to the above named Louisa Kane, then Louisa Langdon, together with Eliza A. Langdon Cecilia Langdon, John Jacob Astor Langdon, Walter Langdon, and Woodbury Langdon and Eugene Langdon, children of his daughter Mrs. Dorothea Langdon or to such of them as should survive him, certain real estate including the premises hereinafter described ®o ijuuc atlfo QLo lijolb to the said devisees in equal shares for their lives respectively with remainder over. And the said Testator in and by his said Will and Codicils further provided that any person who should take an estate for life under the said Will might, with the assent of one of his executors uniting in the Deed to manifest the same sell and convey the same in fee simple to the extent of one half in value of the lands devised to such life-tenant in order to raise money for the improvement of the residue for which application of the money so to be raised such Executor should make provision before giving such assent and his uniting in the Deed should make the same an effectual conveyance to the parties accepting the same, who should thereby be freed from seeing to the application of the purchase money.

!3lnJ> wljcrcttG the said John Jacob Astor in and by the Sixth Codicil to his said Will, gave to the other Children of Mrs. Dorothea Langdon above named one half of the shares estate and interest in the lands which by the said Will and Codicils thereto, had been given as aforesaid to the said Louisa Langdon including the land hereinafter described and did in and by the said Codicil give to his executors the parties hereto of the first part, the other half of the said lands, in trust, to receive the rents, issues and profits thereof, for the life of the said Louisa, and to apply the same for her use, clear of any control debts or rights of her husband thereto with remainder over, and did further in and by the said Codicil authorize his daughter the said Dorothea Langdon to appoint and give to the said Louisa any part not exceeding in value, one half of the real and personal estate by the said Codicil taken from said Louisa and given to others. &nil whereas in a certain suit pending in the Court of Appeals of the State of New York wherein the said Louisa Kane by Alexander W. Bradford her next friend was complainant and appellant and William B. Astor, John Jacob Astor, Junior, Washington Irving, James Gallatin, Daniel Lord, and James G. King (since deceased) executors of the last Will and Testament of the said John Jacob Astor Dorothea A. Langdon, Robert Boreel and Sarah his wife, Walter Langdon, Wood

bury Langdon, Eugene Langdon, Jean Nottbeck and Cecilia his wife, Delancey Kane, and Walter Kane, Delancey Kane Jr. and Nicholson Kane, infant children of the said Louisa Kane, were defendants and respondents it was by the Judgment of the said Court of Appeals adjudged and determined that the powers of leasing and of sale and of other powers, clauses and limitations which by the said Will or any codicil thereto were applicable to the real or personal estate given to the said Louisa Kane or her issue by the said Will or Codicils prior to the said sixth Codicil are and continue applicable to the same notwithstanding the changes of interest operated by the said sixth Codicil, and the said power of appointment and the said instrument in execution thereof or by any of them. <2lnb whereas the said John Jacob Astor Langdon, departed this life before the death of the said testator and the surviving devisees above named together with the said trustees of the said Louisa Kane have procured partition of the said premises among themselves to be made pursuant to the provisions of the said Will and upon such partition the premises hereinafter described have been set apart to the parties hereto of the second part in trust for the said Louisa Kane, in severalty during her life pursuant to the provisions of the said Will and Codicil anb whereas such of the lands so devised to the said Louisa Kane for life as have been sold for the improvement of the residue under and by virtue of the aforesaid power including the hereinafter described premises, do not exceed one half in value of the lands so devised to her.

Nora therefore this Indenture roitncsseth that the said parties of the first and second parts under and by virtue of the power in the said Will contained and above recited, and with the assent of the said party of the third part, executor as aforesaid manifested by his uniting herein for that purpose and for and in consideration of the sum of Four hundred and seventysix dollars lawful money of the United States of America, paid to the parties of the second part the receipt whereof is hereby acknowledged, have bargained sold and conveyed, and do hereby bargain sell and convey to the said parties of the fourth part, their snccessors and assigns QUl that certain piece, parcel or lot of ground situate lying and being in the Fifteenth Ward of the City of New York, bounded as follows beginning at a point on the Easterly side of LaFayette Place distant two hundred and forty feet and one inch Southerly from the Southeasterly corner of Astor Place and Lafayette Place on the Northerly line of the lot designated as number "10 " on a map of lands belonging to the children of Mrs. D. Langdon made by Gardiner A. Sage, City Surveyor April one thousand eight hundred and fifty four, and filed in the office of the Register of the City and County of New York, thence running Easterly along the said Northerly line of the said lot number "10 " one hundred and twenty feet, thence Northerly and parallel with Lafayette Place one foot and three inches, thence Westerly and parallel with the said Northerly line of lot number "io"one hundred and twenty feet to Lafayette Place; thence Southerly along Lafayette Place one foot and three inches to the place of beginning being a part of lot number "9" on the map aforesaid; Together with all and singular the tenements and hereditaments thereto belonging and the reversion and reversions rents issues and profits thereof To Have and To Hold to the said parties of the fourth part their successors and assigns forever, Qtnb the said Delancey Kane one of the parties of the first part in consideration of the premises and of one dollar received by him doth hereby consent to and unite in this conveyance and doth hereby remise and release to the said parties of the fourth part, all his right title and interest in and to the above described premises.

3n UHtness rol)ereof the parties hereto of the first and second parts have hereto set their hands and seals and the party of the third part as such executor has hereto set his hand and seal for the purpose above recited on the day and year above mentioned.

Louisa D Kane (seal)

Delancey Kane (seal)

Wm B Astor (seal)

Washington Irving (seal) Jas Gallatin (seal) Daniel Lord (seal)

J. J. Astor Jr (seal)

Dan. Lord, Ex'or etc (seal)

VII.

DEED BY LOUISA KANE AND HUSBAND OF

PREMISES ON THE EASTERLY SIDE OF

LAFAYETTE PLACE.

Dated, 7 August, 1855. Recorded 18 September, 1855. Liber 686 Of Conveyances, Page 615. QLtye JJttbentttre made the Seventh day of August one thousand eight hundred and fifty-five between Louisa Kane and Delancey Kane her husband of Newport in the State of Rhode Island parties of the first part Daniel Lord one of the Executors of John Jacob Astor late of the City of New York Deceased party of the second part and "The Trustees of the Astor Library" an incorporation under the law of the State of New York, parties of the third part.

tUitncsGCtl) That tnfyereas the said John Jacob Astor in and by his last will and Testament, and by certain Codicils thereto annexed, executed and published in due form of law to pass real estate, and duly admitted to probate by the Surrogate of the City and County of New York, did devise to the above named Louisa Kane, then Louisa Langdon, together with Eliza A. Langdon Cecilia Langdon, John Jacob Astor Langdon Walter Langdon, Woodbury Langdon and Eugene Langdon, children of his daughter Mrs. Dorothea Langdon or to such of them as should survive him, certain real estate including the premises hereinafter described. ®o -fijane otlb do iijolir to the said devisees in equal shares for their lives respectively with remainder over And the said Testator in and by his said Will and Codicils, further provided that any person who should take an estate for life under the said Will might, with the assent of one of his executors uniting in the Deed to manifest the same sell and convey in fee simple, to the extent of one half in value of the lands devised to such life tenant in order to raise money for the improvement of the residue for which application of the money so to be raised such Executor should make provision before giving such assent, and his uniting in the Deed should make the same an effectual conveyance to the parties accepting the same, who should thereby be freed from seeing to the application of the purchase money onb whereas the said John Jacob Astor in and by the sixth Codicil to his said Will, gave to the other children of Mrs. Dorothea Langdon above named one half of the shares estates and interest in the lands which by the said Will and the Codicils thereto, had been given as aforesaid to the said Louisa Langdon including the land hereinafter described and did in and by the said Codicil give to his executors, the parties hereto of the first part, the other half of the said lands, in trust, to receive the rents, issues and profits thereof for the life of the said Louisa, and to apply the same for her use clear of any control, debts or rights of her husband thereto with remainder over, and did further in and by the said Codicil authorize his daughter the said Dorothea Langdon to appoint and give to the said Louisa, any part not exceeding in value one half of the real and personal estate by the said Codicil taken from said Louisa and given to others. <3tnb whereas the said Dorothea Langdon after the death of the said John Jacob Astor did by an instrument in writing under the power conferred on her by the said Codicil appoint and give to the said Louisa one half of the real estate which by the said Codicil was taken from said Louisa and given to others 3lnb whereas in a certain suit pending in the Court of Appeals of the State of New York wherein the said Louisa Kane by Alexander W. Bradford her next friend was complainant and appellant and William B. Astor, John Jacob Astor, Junior, Washington Irving James Gallatin Daniel Lord, and James G. King (since deceased) Executors of the last Will and testament of the said John Jacob Astor, Dorothea A. Langdon Robert Boreel and Sarah his wife Matthew Wilks and Eliza his wife Walter Langdon, Woodbury Langdon Eugene Langdon, Jean Nottbeck and Cecilia his wife Delancey Kane Junior and Nicholson Kane infant children of the said Louisa Kane now defendants and respondents it was by the Judgment of the said Court of Appeals adjudged and determined that the powers of leasing, and of sale, and of other powers clauses and limitations which by the said Will or any Codicil thereto were applicable to the real or personal estate given to the said Louisa Kane or her issues by the said Will and Codicil prior to the said Sixth Codicil, are and continue applicable to the same notwithstanding the changes of interest operated by the said sixth Codicil, and the said power of appointment and the said instrument in execution thereof, or by any of them. <3lnb whereas the said John Jacob Astor Langdon departed this life before the death of the said testator and the surviving devisees above named together with the said trustees of the said Louisa Kane have procured partition of the said premises among themselves to be made pursuant to the provisions of the said Will, and upon such partition, the premises hereinafter described have been set apart to the said Louisa Kane in severalty, and the said Louisa Kane is thereby and by virtue of the said Will and Codicils entitled to an estate as tenant for life in severalty therein, unb whereas such of the lands so devised to the said Louisa Kane for life as have been sold for the improvement of the residue under and by virtue of the aforesaid power, including the hereinafter described premises, do not exceed one half in value of the lands so devised to her Unb whereas the said Louisa Kane has under and by virtue of the above recited power and with the assent of the said party of the second part, executor as aforesaid manifested by his uniting in this deed for that purpose bargained and agreed to sell and convey the premises hereinafter described to the party of the third part in order to raise money for the improvement of the residue of the lands so devised to her and the said party of the second part as such executor has before giving his consent thereto made provision for the application of Ihe money so to be raised upon such sale for the improvement

of such residue of the lands so devised to her NotU therefore tt)is JnbentUtc tnitnessetl), that the said Louisa Kane, party of the first part under and by virtue of the power in the said Will contained, and above recited and with the assent of the said party of the second part executor as aforesaid manifested by his uniting herein for that purpose and for and in consideration of the sum of Ten thousand dollars lawful money of the United States of America, the receipt whereof is hereby acknowledged, hath bargained, granted sold and conveyed and hereby doth bargain grant sell and convey to the said parties of the third part their successors and assigns 21ll that certain piece parcel or lot of ground situate lying and being in the fifteenth Ward of the City of New York bounded as follows Beginning at a point on the Easterly side of Lafayette Place distant two hundred and sixty-six feet and four inches Southerly from the Southeasterly corner of Astor Place and Lafayette Place on the Northerly line of the lot of ground designated as number " n " on a map of lands belonging to the children of Mrs. D. Langdon, made by Gardiner A. Sage City Surveyor April one thousand eight hundred and fifty-four and filed in the Office of the Register of the City and County of New York thence running Easterly along the line of said lot number " n " one hundred and twenty feet thence Northerly and parallel with Lafayette Place twentysix feet and three inches to the Southerly line of lot number " 9" on the said map, thence Westerly along the Southerly line of said lot number "9 " one hundred and twenty feet to Lafayette place thence Southerly along Lafayette Place twenty-six feet and three inches to the place of beginning; being a part of lot number "10" on the map aforesaid Sfogetl)er with all and singular the tenements hereditaments and appurtenances thereunto belonging and the reversion and reversions rents issues and profits thereof To have and to hold to the said parties of the third part their successors and assigns forever onb the said Delancey Kane one of the parties of the first part in consideration of the premises doth hereby consent to, and unite in this conveyance and doth hereby remise and release to the parties of the third part all right title and interest in and to the above described premises. 3n witness whereof the said parties of the first part have hereto set their hands and seals, and the party of the second part, as such executor has hereto set his hand and seal for the purpose above recited the day and year above mentioned.

Louisa D. Kane (seal)

Delancey Kane (seal)

Daniel Lord, Ex'or, etc. (seal)

VIII.

EXTRACT FROM THE REPORT OF THE TRUSTEES OF THE ASTOR LIBRARY TO THE LEGISLA- TURE OF THE STATE OF NEW YORK FOR THE YEAR 1857. Dated 27 January, 1858.

In former communications to the Legislature, accompanied by the reports of the superintendent, the trustees deemed it their duty, to express their convictions, that not only the convenience of the public, but the preservation and safety of the library absolutely demanded, that the books should not be lent out or taken from the library building, under any circumstances. Several years of practical experience in the management of the institution have fully confirmed them in this opinion. In a library of reference, intended for students, properly economical of time, and often coming from a distance for consultation, the necessity for every book required being always ready for examination without delay, must be apparent. The trustees have therefore deemed it proper and necessary, to prevent any further agitation of the subject by entering on their records a stipulation expressing those views in such a form as to furnish a pledge, not only to the public, but to every friend of learning, who may hereafter feel disposed to aid the library by donations or endowments.

A reference to their minutes will show, that at their meeting on the 2pth of July, 1857:

"Mr. Astor stated, that the donations by him made, and some intended to be hereafter made, were on the understanding, that it was the settled and unchangeable basis of administering the library, that its contents should remain in the library rooms, for use by readers there, and should not be lent out or allowed to be taken from the rooms; and he requested, that the views of the board be freely and fully expressed." It was thereupon

"Resolved, That the settled and unchangeable plan of administering the library is the one above expressed and understood by Mr. Astor; and that the donations in money, land and otherwise, received from Mr. Astor, and to be hereafter received from him, and from other friends of learning, are received and will be administered according to such plan, and not otherwise."

EXTRACTS FROM THE WILL AND CODICILS OF WILLIAM BACKHOUSE ASTOR. Will Dated, 17 June, 1856. Codicil I. Dated, 25 April, 1862. CODICIL II. DATED, 22 DECEMBER, 1862.

Codicil III. Dated, 26 January, 1865. Codicil IV. Dated, 30 January, 1865. Codicil V. Dated, 28 December, 1866. Codicil VI. Dated, i February, 1868. Codicil VII. Dated, 19 December, 1868. Codicil VIII. Dated, 28 May, 1869. Codicil IX. Dated, 2 June, 1871. Admitted To Probate In New York, 29 November, 1875. Recorded Liber 237 Of Wills, Page 9. WILL.

ffi«ttth. With the intent of furthering the purpose of my father in the establishment of a Public Library, which Library is now incorporated by the name of The Trustees of the Astor Library, I had determined to add to its endowment two hundred and fifty thousand dollars; and I have in pursuance of such purpose given to it lands adjacent to present site to the amount of thirty thousand four hundred and seventy-six dollars, and have also at several times heretofore advanced to it for the purchase of books, the improvement of the existing building and otherwise, considerable sums of money, and I contemplate further advances in the erection of an additional building,

(which I hope to complete in my life), and also in adding to the books forming the Library; Now I do further direct that it be ascertained by my executors what sums of money shall have been advanced by me towards the said Library, (of which entries in my books will give sufficient and authentic notice), without computing interest thereon, and if the amount of such advances including what may have been paid for the land and the new building shall fall short of two hundred and fifty thousand dollars, then I direct that the deficiency or balance short of that sum shall be made up to the said Library, first applying the same to complete the building and edifice now contemplated, if it shall not have been completed and paid for at my decease; and I give to the Trustees of the Astor Library such unpaid amount necessary to make up the full sum of two hundred and fifty thousand dollars to be applied to the purposes of that Institution as expressed in the Codicils to my father's Will.

CODICIL I.

Ninth. The balance of the legacy intended by me for The Astor Library in the Tenth Clause of my Will, I declare to be fifty-four thousand dollars; which, or the balance which shall be unpaid at my decease I direct to be paid in three equal annual instalments commencing the first payment one year from my decease.

CODICIL VIII.

I declare that the amount of balance now remaining unpaid of the bequests made to The Trustees of the Astor Library by the tenth Clause of my said original Will and referred to in the ninth clause of the said Codicil of April 25, 1862, is fortynine thousand dollars, and in addition thereto I now give and bequeath to the Trustees of the Astor Library the further sum of two hundred thousand dollars payable in United States legal tender paper currency, or its equivalent, according to the directions of the said Codicil of January 30, 1865,* in three equal successive annual instalments, the first of which shall be payable at the expiration of one year from my death. I will and direct that this sum of two hundred thousand dollars be invested, kept and held by the said The Trustees of the Astor Library as capital or a permanent fund, the income of which shall be applied from time to time to the purchase of books and the maintenance of the Library with liberty however to the said Trustees to expend such portion, not exceeding in all twentyfive thousand dollars of the said capital sum of two hundred thousand dollars, as they shall deem fit, in the purchase of books for the library from time to time. And I will and direct that the investments to be from time to time made by the said The Trustees of the Astor Library of the said capital sum of two hundred thousand dollars, shall be in securities of such character as are now required by law for the investment of their funds.

* This fourth codicil referred to is a direction to the Executors and Trustees as to the value and valuation to be by them made of money and property contemplated in the Will "as affected by the currency or standard of value or medium of payment."

DEED OF GIFT BY JOHN JACOB ASTOR, JUNIOR, OF LOTS ADJOINING THE ASTOR LIBRARY SITE.

Dated, 5 December, 1879. Recorded, u December, 1879. Liber 1529 Of Conveyances, Page i. .Jn&entttre made the fifth day of December in the year of our Lord, one thousand eight hundred and seventy-nine Between John Jacob Astor of the City of New York and Charlotte Augusta his wife of the first part, and T

Trustees of the Astor Library, a corporation created and existing under and by virtue of the laws of the State of New York of the second part: tOitnessetl), That the said parties of the first part, for and in consideration of the sum of one dollar, lawful money of the United States of America, to them in hand paid by the said party of the second part at or before the ensealing and delivery of these presents, the receipt whereof is hereby

westerly corner of the land now owned by the parties of the second part, such point of beginning being distant Three hundred and eighty-four feet two inches and three quarters of an inch or thereabouts Southwesterly from the corner formed by the Southerly side of Astor Place and the said Easterly side of Lafayette Place, and running thence Southwesterly along said Easterly line of Lafayette Place, Twenty-six feet four inches and one quarter of an inch to the exterior line of the northerly wall of the house formerly the dwelling house occupied by William B. Astor, now deceased, standing upon the premises Known as Number Thirty-two (32) Lafayette Place, and now the property of the said party of the first part, thence Easterly along the outer line or side of the said northerly wall of said house, and of a frame addition to said house, so as not to include any part of said wall, or of said addition, Seventy-six feet eleven inches and one quarter of an inch to the Northeasterly corner of said frame addition, thence Northwardly on a jog along the outer end of the Brick wall of the yard of the premises Number Thirty-two (32) Lafayette Place to the Northwesterly corner of that yard wall, thence Eastwardly along the outer and Northerly line of said wall of the yard of said premises Number Thirty-two (32) Lafayette Place, Thirty-three feet and four and a quarter inches or thereabouts to the Westerly line of the stable standing on the rear portion of the premises hereby conveyed, thence Southwardly twelve inches or thereabouts along the West wall of said stable, to the Southwesterly corner of said stable, thence Easterly along the outer line of the Southerly wall of said stable to the Southerly corner of said stable, thence Eastwardly in a straight line in continuation of the said outer line of said Southerly wall of said stable, Nine feet and nine and a half inches or thereabouts to a point being the Northeasterly corner of the yard of the said premises Number Thirty-two (32) Lafayette Place, as the same are now in possession and being also the South-easterly corner of the rear yard of the premises hereby conveyed the said point being distant in a straight line One hundred and fifty-five feet, two inches and one half an inch Eastwardly from said Easterly line of Lafayette Place, thence Northerly in a diagonal line along the rear line of the said rear yard of the premises hereby conveyed as now in possession Twenty-seven feet one inch and three-quarters of an inch to the Northeasterly corner of the said rear yard, the same being a point distant in a straight line One hundred and fifty feet seven inches Eastwardly from said line of Lafayette Place and the said rear yard of the premises hereby conveyed, being an open space in the rear of the stable on said premises, about nine feet and a half of an inch in depth on its Southerly side, and about five feet one and a half inches in depth on its Northerly side, and from thence Westwardly along the Northerly line of the rear yard of the premises hereby conveyed, and thence along the Northerly side wall of the stable upon the premises hereby conveyed on the outer side of said wall until the said line meets the Southerly line of the premises now belonging to the said parties of the second part, and thence Westwardly along the said Southerly line of said premises now belonging to the parties of the second part, to the point or place of beginning, be the said several dimensions and distances respectively more or less.

(together with all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof. <2tnb ttlao, all the estate, right, title, and interest, property, possession, claim or demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, or to the above described premises, and every part and parcel thereof, with the appurtenances, do fyave onft ®0 ^olb all and singular the above mentioned and described premises, together with the appurtenances, unto the said parties of the second part, their successors and assigns, forever.

J. J. Astor (seal)

XII.

EXTRACTS FROM THE WILL OF JOHN JACOB ASTOR, JUNIOR. Will Dated, 6 January, 1888.

Admitted To Probate In New York, 26 February, 1890. Recorded Liber 429 Of Wills, Page 287. I give to the Corporation known as The Trustees of the Astor Library, from my personal estate the sum of four hundred thousand dollars to be paid at the expiration of two years from my death, and to be invested and kept invested by said corporation in any stocks or securities, or property of any other description whatsoever either real or personal, in the discretion of the Trustees of the said Corporation styled The Trustees of the said Astor Library. QUtb I will and direct that the net income of the said fund of four hundred thousand dollars, from time to time be applied to and be expended in the purchase of books to be added to the Library, and not to be used for the payment of or for the increase of salaries of officers or employees, nor for the purchase of furniture, or other current expenses, nor for any other purpose than the purchase of, or binding of books

3tn& I will and declare that the special declarations above contained in this third article in relation to the investment of said bequest as a permanent fund and the application of the income thereof as aforesaid are not to be so construed as to create any trust not legally permissible, nor so as to impair the legal ownership and control of the fund and its income and proceeds by the corporation, as fully as may be legally necessary to the validity of the bequest to it of the sum aforesaid.

.fourth. I give and bequeath to the said Corporation known as The Trustees of the Astor Library the further sum of fifty thousand dollars; and I request that this sum be, by said Corporation, invested and kept invested as a permanent fund and that the net income thereof be applied to paying the Trustees of said Corporation from time to time fees or allowances for attending the meetings of such Trustees, at the rate of ten dollars to each attending Trustee at each meeting, and that, if and as there may be an accumulation of such fund after making such payments so as to permit the raising of the rate of such regular fees or allowances, and the payment thereof out of the net income of such fund without trenching upon the capital, the rate of such regular fees or allowances may be raised from time to time by resolution of the Board of Directors to such extent as they in their discretion may deem fit, and as the net income of the fund without trenching upon the capital may suffice to pay. Qtnb I will and declare that the special declarations above contained are not to be so construed as to create any trust not legally permissible, nor so as to impair the legal ownership and control of the fund and its income and proceeds by the corporation as fully as is legally necessary to the validity of the bequest to it of the sum aforesaid.

XIII.

EXTRACTS FROM THE WILL AND CODICILS OF WILLIAM ASTOR.

Will Dated, 12 January, 1882.

Codicil I. Dated, 2 November, 1882.

Codicil II. Dated, 13 December, 1884.

Codicil III. Dated, 15 March, 1886.

Codicil IV. Dated, 6 June, 1888.

Codicil V. Dated, 27 June, 1890.

Codicil VI. Dated, 12 November, 1891. Admitted To Probate In New York, 26 July 1892. Recorded Liber 473 of Wills, Page 207.

ARTICLE NINTH.

3tem 3. I give to the Trustees of the Astor Library to be held as an endowment fund the sum of Fifty thousand Dollars, the income to be applied for the corporate uses of said Society.

ARTICLE FIFTEENTH.

It is my will and intention that neither my brother Henry Astor or his issue shall as heirs at law or next of kin receive any portion of my estate and any such portion to which he or they would in any contingency be entitled to I give to the Trustees of the Astor Library for the corporate purposes of the said Institution.