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HomeMy WebLinkAboutL 4695 P 304 4695 m%304 ,.6116 1�s .__. THIS INDENTURE, made the ]Lt► day of September, g_ nineteen hundred and fifty-nine between MANUFACTURERS TRUST } COMPANY, a trust company organised under the lave of the F State of New Iork and having an office at 55 Broad Street, in the Borough of Manhattan, City, County and State of New York, as Ancillary Committee of the property in the State f of New York of Hollyday S. Meeds, Jr., an Incompetent, party of the first part, and WALKER G. BUCKNER, residing at 120 East End Avenue, New York 28, New York, party of i . the second part, WHEREAS, Hollyday S. Meads, Jr., a resident of the State of Delaware, was duly declared an incompetent person by the Court of Chancery of the State of Delaware, County of New Castle, on the 26th day of June, 1940, and David M. Hillegas, Jr. and Delaware Trust Company were duly appointed by said Court as the Trustees of the person - and property in the State of Delaware of the said incompe- tents and WHEREAS, by order of the Supreme Court of the State of New York, County of Queens for the County of Suf- folk, duly made on April 14, 1959 and entered April 17, ` ,O 1959, Manufacturers Trust Company was duly appointed ancil- lary committee of the property in the State of New York of Q said incompetent, Hollyday S. breeds, Jr.; and a WHEREAS, an ancillary commission dated April 17, 0 1959 was duly issued thereunder to said Manufacturers wm Trust Company, and it appearing that said incompetent had certain real property within the State of New York, con- sisting of unimproved realty located in the Town of Southold, County of Suffolk, hanufacturers Trust Company, as said ancillary committee, agreed by contract dated May 12, 1959 to sell the said property to Walker C. huckner for the net purchase price of Twenty-five thousand Dollars uBA695 Po 305 ($25,000), subject, however, to the order of said Court; and jl WHEREAS, an order to show cause having been issued on the petition of Manufacturers Trust Company, as ancillary 'I committee aforesaid, directing that cause be shown at a Special Term for Incompetency Proceedings for the Tenth j Judicial District of said Court, to to held in the County of Queens for the County of Suffolk, on the 22nd day of June, 1959; and WHEREAS, service of said order to show cause and the petition thereto annexed was duly made upon Hollyday S. iMeeds, Jr., the incompetent, Alice Meeds Flaherty, Ellen DuPont Meeds Perkens, Renee bleeds Geary and Paulina DuPont bleeds Wellford, the daughters of said incompetent, Walker G. Buckner, Don E. Johnson, bl. D., Director of the Institute of The Pennsylvania Hospital, and David Y. Hillegas, Jr. and Delaware Trust Company, Trustees of the person and property in the State of Delaware of said incompetent; and WHEREAS, said order to show cause having been re- turned with proof of due service thereof and of said peti- tion and the exhibit thereto annexed on all of the respon- dents, and none of the persons or parties interested in the proceeding having appeared except Walker G. Buckner, who ap- peared by his attorneys, blessrs. Patterson, Belknap & Webb; and WHEREAS, a referee was duly appointed to inquire into the merits of the application, and an appraiser was du appointed to make an appraisal of the incompetent's real property located in the Town of Southold, on Fishers Island, in the County of Suffolk, State of New York; and WHEREAS, the referee recommended the sale of said real property of the incompetent at a net purchase price of -2- I� 695 FaM6 I ( Twenty-five thousand Dollars (=25,000), and the Court, hav- ing been satisfied that all of the persons or parties havi any claim or interest in the proceeding had been made par- ties thereto, and that the Court had jurisdiction of said parties and of the subject matter of the proceeding, duly ordered that the aforesaid contract of sale with Walker G. Buckner be approved, and that Manufacturers Trust Company, - as ancillary committee aforesaid, be authorised and directs to sell the said real property upon the terms and condition set forth in said contract and to execute, acknowledge and deliver to Walker G. Buckner a good and sufficient deed of the estate, right and interest of the said incompetent in and to the said premises; and WHEREAS, said order was duly entered in the Office of the Clerk of the County of Suffolk in Riverhead, Suffolk i County, New York, on September 4, 1959; and WHEREAS, Messrs. Patterson, Belknap & Webb, at- torneys for Walker G. Buckner, have waived the right to ap- peal from said order and are prepared, in behalf of said Walker G. Buckner, to carry out the said contract of sale o May 12, 1959 and pay the net purchase price of Twenty-five thousand Dollars ($25,000) called for by said contract; NOW, THEREFORE, THIS INDENTURE WITNESSETH that the party of the first part, by virtue of the power and authority given in and by the aforesaid order of the Suprem Court of the State of New York, County of Queens for the County of Suffolk, and in consideration of Twenty-five thousand Dollars ($25,000), lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs and assigns of the party of the second part forever, -3- uuA695 wF307 ALL that lot or parcel of land with the buildings and im- provements thereon in the Town of Southold, Suffolk County, State of New York, being a part of that portion of Fishers Island formerly belonging to Fishers Island Corporation (which portion is hereinafter called the "Park") lying easterly of the following line, viz: BEGINNING at the southeasterly corner of land owned by the United States, known as the Fort H. G. Wright Military Reservation, Mount Prospect Tract, on the shore of Block Island Sound or the Atlantic Ocean and running thence northerly following the East boundary of the said land of the United States to the southerly line of East End Road (sometimes called Oriental Avenue) and which point is the northeasterly corner of land of the United States, thence crossing the East End Road and following the same course as the last to the shore of West Harbor or Fishers Island Sound; Said lot or parcel of land being bounded and described as follows: BEGINNING at a stone monument set seventeen hundred and seventy-two and sixty-nine hundredths feet East of a point which is eight hundred and ninety-two and fifty-four hundredths feet South of another monument marking the U. S. Coast and Geodetic Survey Triangulation Station ^Ch000mount 2^ (which said eChocomount 2s monument is located on the summit of the highest hill on Fishers Island, N.Y. about two and one-quarter miles West of the Eastern end of Fishers Island and lies South seventy-nine degrees twenty-nine minutes and forty-six seconds East of North Dumpling Light in Fishers Island Sound); and running thence North eighty-four degrees thirty-four minutes and forty seconds East one hundred and thirty- one and six-hundredths feet to a stake; thence South forty-two degrees twenty-three minutes and ten seconds East three hundred and sixty-two and ninety-seven hundredths feet to a stake; thence South forty-four degrees and twenty-seven minutes East one hundred and sixty-one and seventy-nine hundredths feet to the shore of Barley Field Cove; thence, with the meanders of said cove, South twenty-three degrees twelve minutes and thirty seconds East one hundred and forty-one and nine- hundredths feet to a stake; thence South fifteen degrees thirty-five minutes and fifty seconds East one hundred and fifty-one and thirty-three hundredths feet to the shore of Block Island Sound; thence, with the meanders of said Sound, South eighty degrees and forty-two minutes West forty- six and ninety-one hundredths feet, South forty- nine degrees and fifty-seven minutes West ninety -4- uA 395 PAGE 308 • and fourteen-hundredtha feet, North eighty-eight degrees seven minutes and forty seconds West one hundred and fifty-three and eight-hundredths feet, North sixty-eight degrees thirty-five minutes and twenty seconds West one hundred and twenty- three and fifty-two hundredths feet, and West three hundred and sixteen and fifty-five hun- dredths feet to a stake; and thence North nine degrees fifty-one minutes and fifty seconds East six hundred and seventy-two and four-hundredthe feet to the place of beginning; containing seven and forty-six hundredths acres, more or lees.