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HomeMy WebLinkAboutL 11160 P 575 � .LOPb�s DISTRICT SECTION BLOCKT 331'75 OL THIS INDENTURE, made the ( Zday of nineteen hundred and ninety, between (1) PHILIP F. W. PECK, JR. , residing at 9 Timberwood Road, West Hartford, Connecticut 06117, and THE CONNECTICUT BANK AND TRUST COMPANY, N.A. , a national banking association having an Lj office at One Constitution Plaza, Hartford, Connecticut 06115, as Executors of the Last Will and Testament, and the Codicils thereto, of MARY ELIZABETH BENNETT PECK, who died a resident of the Town of West Hartford, State of Connecticut , on June 12, 1984, pIIxkie9 of_tb9_fi1At_8II_CJt, (2) PHILIP F. W. PECK, JR. , residing at 9 Timberwood Road, West Hartford, Connecticut 06117, g� y_s _ �1�_IIg�QdIS�_BII� . and (3) JEFFREY Qg E. PECK, residing at 42 Saint Germain Street, Boston, Massachusetts 02115, W I T N E S S E T H 11'x\' WHEREAS, the Last Will and Testament of said �� decedent, dated November 11, 1983, the First Codicil there- to, dated May 15, 1984, and the Second Codicil thereto, �+ dated May 21, 1984, were admitted to probate by the Court of Probate, District of West Hartford, State of Connecticut on ko July 17, 1984, and said Will and said Codicils were ad- mitted to ancillary probate in the State of New York by decree of the Surrogate 's Court, Suffolk County, signed by �qM Hon. Ernest L. Signorelli on January 4, 1985, and said Will and said Codicils were thereupon recorded in the Office of O L the Clerk of the Surrogate 's Court , Suffolk County; and \y WHEREAS, said decedent, who was also known as \ Elizabeth Bennett Peck, was at the time of her death the 1/�JjJ`I owner of cer ain real property at Fisher ' s Island in the Town of Southold, County of Suffolk , State of New York con- veyed to her by deed (referring to her, as grantee, as Elizabeth Bennett Peck) of Catherine M. Smith dated June 10, 1958 and recorded in the Office of the Clerk of Suffolk County on June 23, 1958 in Liber 4475 of Deeds at page 412; and WHEREAS, said decedent, by Section 2 of said Will, as amended and modified by said Second Codicil , set forth in v \ Rider A annexed hereto and made a part hereof, gave and devised to her surviving husband, Philip F. W. Peck , Jr. (referred to in the Will as Philip F. W. Peck) , the gII.r,ty_-Qf fk►g_���QII�_p� ir herein, a legal life estate in said real property, with power to sell and convey title to the same in fee simple, and gave and devised to her surviving son, Jeffrey E. Peck (referred to in said Will as Jeffrey Peck) , the herein,herein, at the death of the prty_gf_t�jgggQII�_p� , the remainder interest in said real estate, said gifts and devises being made upon and subject to the conditions, with the powers, and upon the terms and provisions, set forth in said Section 2; and WHEREAS, the herein are still living and the power to sell said real property and convey title thereto in fee simple given to said 1?&Kkv_4f_�il�_IIgII4II�_P� by said Section 2 remains unexercised, $ 331'75 REM_ ESTATE JUL 11 1990 IRANgFER TAX ��•' SUFFOLK Lill T swmm P.ROMAINE RECORDED JUC111990 0wcr&fmx 11UOPiri3 l NOW, THEREPORE, thep4LlLEH_Ql_lb4�iLDl�4Ll, in ; ,Order to clarify the record title to the real property hereinbelow described and to confirm such record title in 'pr accordance with the foregoing, subject to the provisions of said Last Will and Testament and said Codicils, do hereby grant and release ALL that tract, piece or parcel of land, with the r buildings and improvements thereon erected, situate, lying and being at Fisher's Island in the Town of Southold, County of Suffolk, State of New York, more particularly described in Rider R anrexed hereto and made a part he,eof, said '. premises being the first premises described in said Rider B ,j and being designated on the Suffolk County Tax Map as District 1000, Section 9, Block 1, Lot 14, and being the same premises as were conveyed by said deed of Catherine M. —� Smith to said decedent (named and referred to in said deed as Elisabeth Bennett Peck) recorded in Liber 4475 of Deeds at page 412, TOGETHRh with all easements and other rights granted and released by said deed of Catherine M. Smith as set forth in said Rider B, � • S1111JRCT TO: the easement in favor of the premises to the west for a sewer line; and restrictions contained in deed of Hay Harbor Realty, Inc. referred to in said Rider B, TOGETHEP with all right, title and interest, if — . , any, of the pactieu_Qf_lbe_Lilsl�4ll in and to any streets - and roads abutting the above described premises to the center lines thereof, t l" TOGETHER with the appurtenances, and also all the s estate which said Mary Elizabeth Bennett Peck had at the _ Fs time of her death in said premises, and also all the estate therein, which the palliCa._QL .tbe._LiLat_p4Ll have or have - power to convey or dispose of, TO the pally_4L_lbe_fi44.Qnd�4l.t-4Dd_b1s_4ssigna, �— j`.. for his life, TO HAVE AND TO HOLD unto the 2,uU_Qt_tbe StS40d_paL.t�D!�_b18_4aui9A9 a legal life estate in said real estate, together with, and subject to, easements, rights and restrictions as hereinabove provided, with the power to sell said real estate and convey title thereto In fee simple as — provided in said Second Codicil and set forth in said Rider A, and at the death of the p4Lty_Q'_lbS_8ES.4IId�all, if ^aid real estate has not been sold, TO the paliY_QL_lbe_lbitd !?atC._tbe_distllbutcca_Ql._succeasQlu_and_auslens._QL._Lbe palty_QL._tbe_.tllild_I?a,Et forever, TO HAVE AND TO'HOLD unto the pa.0SY_QI_.tb.C_tbild_paLt.._.Lb.C_S1lS.t.[.Lk9lS.e�4!_wLSSESS.4lS aDd._4s.al9aB_4I__165�41.LY�L_lbe_lhil�_P4.Cl forever, together _ with, and subject to, ebsements , rights and restrictions as hereinabove provided, pLQYidSd, bQiteyCl, that if the pally 4I__tb8_ "_2AL.t shall predecease the party of tbg secQOd 211U, in that event and upon the death of the S?jUt"L.lbe h third D4", TO the potty of t;� sgtQp art• the dis_ tributees or epccessois and assiana of be "u-Of tS _2_ a _ 'r '`1 111COPwi;'7 feCQQ"Alt forever, TO HAVE AND TO HOLD unto the pajty_QL tbe_sssQnd_pax[, _ibs_di�tiikytas»_4i_ByssrssQll�lfnd_as�l9ns QL_tbe._VGIU._QL_the_SCCQOd._J?4Jt_for ever, together with, and _ subject to, easements, rights and restrictions as herein- above provided, It being intended: that in the event, and to the extent, of any conflict or inconsistency between the provi- sions of this indenture and the provisions of said Will and said Codicils, the provisions of said Will and said Codicils shall governs and further, that neither this indenture nor its provisions shall be given the effect of detracting or derogating from, or modifying or altering, in any way or to S any extent, said Will and said Codicils or any of the provi- sions thereof, £ r AND the psi i.ea._QL_tbe_LilS.t_palt covenant that ` thepa.ctiea_Qitbe_fllat_palt have not done or suffered anything where._by the said premises have been incumbered in any way whatever, except as aforesaid. - AND the palties._QL_.tbe._ list_pa[t, in compliance _ with Section 1.3 of the Lien Law, covenant that the paltlas dal• QL_tbe_LJL&"!A1t will receive the consideration for this conveyance and will hold the right to receive such con- sideration as a trust fund to be applied first for the purpose of palinq the cost of the improvement and will apply t the same first to the payment of the cost of the improvement before using any part Of the total of the same for any other purpose. IN UITNESS WHEREOF, the pdttilo of the first o� have a a duly executed this deed the day and year first above IN THE PRESENCE OF: �' �PhiliF. W. Peck, Jr. �a�_:_•_- as an Executor of the Last Izwn K "TeTrnn Will and Testament, and Codicils thereto, of Mary Elizabeth Bennett Peck, .1. i�. nnv,f Itwkim _ deceased THE CONpMPANY,T BANK AND - - TRU S� UMPANY, A. ATTEST. y. . Vice President t as an Executor of the Last / Will and Testament, and Codicils thereto, of Mary 5, Elizabeth Bennett Peck, ----— deceased Ginette Treat ffieslVa�lY Mary Am Mikoleit -3- Kok 111QU�,,�'9 r STATE OF CONNECTICUT) Rartford COUNTY OF HARTPnRD ) f� On this )L'L day of J �� , 1990, before m, personally came PHILIP F. M. PECK, JR. , to me known, and known to me to be, the individual described in and who executed the foregoing instrument, and acknowledged that he = executed the same. l-�--� NotaryPub is STATE. OF CONNECTICUT) - .L G DAVID MADDEN 86.: NOTAIII' /r RLIC Hartford w row I,nau waw 11.1104 COUNTY Of HARTFORD 1 — On this � � / day of '''1 1990, before me came r• •' - ( •",, , to me known, who, being by me duly sworn, did depose and say: that he resides at .;— •e. I1 ' .. r ; that he is a Vice President of THE CONNECTICUT BANK AND TRUST COMPANY, N.A., the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the anal t affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that he signed his name thereto by like order. A",'t 1�4_t,)rtri- Az J Notary Public W =R G, r e sVt 4 2?1COPi.i 3 1- RIDER A to Deed: Philip P. W. Peck, Jr. and The Connecticut Bank and Trust Company, N.A., as Executors o/w/o. Mary Elizabeth Bennett Peck, deceased, to Philip P. W. Peck, Jr. Peck _ &scSiQn_2: Be>al_Estass: 2.1 Ptinsipnl_BesislensP: I devise to my husband to be his absolutely and in fee simple, any real estate or interest in real estate wherever situated which is ised by us at the time of my death as our principal residence. If he does not survive me, this devise shall lapse and any such real estate shall pass under Section 4 as part of :ny residuary estate. 2.2 F1Sbe1.'e_I61And._Hew_YQIk: I£ my husband �s Philip and my son Jeffrey survive me, I give and devise to ,•I` my husband, for his lifo, all the interest in real estate that I may own at my death and located at Fisher's Island, New York, it being my intention to create a legal life estate in said real estate in my husband. I authorize my husband in his absolute discretion to Deli said real estate at such time, at Duch price and on such terms as he may determine advisable. My husband shall have the power to convey title in fee simple to such property by a deed signed �S by him alone. In the event of any such sale, the net _ proceeds of sale shall be paid over to my husband and my snn Jeffrey as Trustees, to be held by them in trust, without _ postinq bond its Trustees. All of the net income of the trust shall be paid to or for the benefit of my husband, in t quarterly or more frequent installments. In addition, the Trustees may pay to or for the benefit of ay husband so much of the principal of the trust as the Trustees shall in their discretion deem desirable for his health, support and maintenance. Upon my husband's death, the trust shall _ terminate and all of the then remaining trust property shalt be distributed to my descendants who survive me, other than my son, Philip P. W. Peck, III and his descendants, in shares, J?ei_8lSlJ?e8• My husband Philip shall not be liable for waste nor required to furnish bond or security of any kind nor to account to any court. However, he shall make all ordinary repairs on the premises, maintain adequate fire insurance coverage, and pay all taxes, assessments, and mortgage payments, whether of interest or of principal. At the death of my husband, if said real estate has not been sold, I give and devise said real estate to my son, Jeffrey Peck, inQvId.ed, bowe.Yei, that if Jeffrey shall t: predecease my husband, the remainder interest in said real estate shall vest in my husband absolutely and in fee simple t upon my son's death. P If my husband Philip survives me and my son Jeffrey does not survive me, I give and devise said real estate to my husband absolutely and in fee simple. If m•f husband Philip does not survive me and my son Jeffrey do-to survive me, I give and devise said real estate to Jeffrey absolutely and in fee simple. 9 - A/1 - D TRICT _ SE9TM BLOCK LOT RIDER B to Deed: Philip F. W. Peck, Jr . and The Connecticut Bank and Trust Company, N.A. , as Executors O/w/o Mary Elizabeth Bennett Peck , deceased, to Philip F. W. Peck, Jr . ------------ 1]S�_�g � �1'_�._�g&S—� --- The following is a description of the premises referred to in the deed to which this Rider B is annexed and of which it is a part: All that tract, piece or parcel of land with the buildings and improvements thereon situate, lying and being at Fishers Island in the Town of Southold, County of Suffolk , State of New York , more particularly bounded and described as follows: BEGINNING at a point which point is 3323. 08 feet north of a point which is 2352. 80 feet west of a monument marking the U.S. Coast & Geodetic Survey Triangulation Station "PROS"; (such point lying in the intersection of two private roads hereinafter referred to) and running thence along one of said private roads south 74 degrees 50130" west 75.77 feet and still along said private road south 89 degrees 07 ' west 71.85 feet and still along said private road north 77 degrees 53130" west 21.84 feet, running north 12 degrees 02 ' east 181.59 feet to the southerly side of a third private road south 73 degrees 0 '50" east 49.80 feet to one of the private roads first above mentioned, running thence along the southwesterly side of said last mentioned private road south 28 degrees 51130" east 167.50 feet to the point or place or beginning. Containing within said bounds 0.41 acres, be the same more or less . Together with an easement for sanitary sewer, cesspool and drainage field over the premises to the west and the right to enter upon said premises for the purpose of maintaining, repairing and replacing such sanitary sewer, cesspool and drainage field. Together with a right of way in common with others over the existing private roads situated in the premises hereinabove described. Subject to an easement in favor of the premises to the west for a sewer line. Together with an easement for ingress and egress from the private road from the north to the premises herein described in common with others to the parcel of land more particularly bounded and described as follows: BEGINNING at a point from the southerly side of said private road lying in the westerly boundary line of the - B/1 - P.ROMAW RECORDED ��� 11 1990 ,■. ' premises first above described which point is 3484.34 north of a point which is 2481. 27 feet west of a monument marking the U.S. Coast & Geodetic Survey Triangulation Station "PROS" ; and running thence (1) along the premises first above described south 12 degrees 02 ' west 71. 0 feet, thence north 62 degrees 00140" west 54.55 feet, thence north 36 degrees 29155" east 64. 0 feet to the southerly side of said private road first above mentioned, and thence along the southerly side of such private road south 73 degrees 0 ' 50" east 26 feet to the point or place of beginning. Being the same premises conveyed to said decedent 's grantor, Catherine M. Smith, by deed of Hay Harbor Realty, inc. , a New York corporation, dated September 6 , 1950 and recorded in the office of the Clerk of Suffolk County, New York , October 2, 1950 in Book 3133 of Deeds at page 366. Subject to restrictions as contained in said deed of Hay Harbor Realty, Inc. - B/2 - RECORDED � �P.�� JUC i l 1990 Q BUFFOl1(COl11ffY