applied and used therefor: and whereas 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, and 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. And these presents further 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 line 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. To have and to hold 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 and 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; In witness whereof 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. V. DEED BY CECILIA NOTTBECK AND HUSBAND, OF PREMISES ON THE EASTERLY SIDE OF LAFAYETTE PLACE. DATED, 2 AUGUST, 1855. LIBER 694 OF CONVEYANCES, PAGE 32. This Indenture 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 witnesseth, that 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. And 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 and whereas 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 now |