HomeMy WebLinkAboutAbstract of the Title of Edmund M Ferguson & Walton Ferguson
ABSTRACT OF TIlE TITLE
01
EDMUND
M.
FERGUSON
A.\D
WALTON
FERGUSON
'0
All that certain ISLAND situated in the Town of
Southold, County of Suffolk, and State
of New York, called
FISHER'S ISLAND,
and the several small Islands adjacent thereto called the HOM-
MOCKS and WICOPESSET, excepting the several portions
thereof, which have heretofore been sold and conveyed, as described
in the severallnstruments recited in thc'.within Official Searches.
WILLIAM M. HOES, ATTORNEY,
69 WALL STREET, N. Y.
S'PtON/;tI,I/'3';
_.~:.-:-
.-.',", ,
,.~_~:..-.i"
INDEX.
NAMES OF GRANTEES IN TIlE CONVEYANCES,
RELEASES, &c., recited in this Abstract and the
aecornpanymg official searches.
PAGE
A.
ALLEN, Charlotte A. . . . . . .. .. . . . . .. . . . . . . . . 55
ABEEL, Julia E. . . . . . ... . . . . . . . . . . .. . .. . . . .. 78
B.
BARLOW, Bathsheba E.............. 52, 53. 71, 145
BrsBEE, Horatio, Jr. . .. . . . . . . . . . . .. . . . . . . . . 70
BOWEN, ,John A.. .... .. .. .. .... . .. .. .. .. ... 85, 87
BAIlTLETT, George H.. .... 94, 95, 99, 100, 115, 128
BARLOW, Emma G.... . . . . . . . . . . . . . . . . . . . . . 98
BROWN, Daniel J. . . . . . . . . . .. .............. 105
BOWERS, Louise W. . . . . . . . . . . . . . . . . . . . . . . . 107
BUSH, James Freeman. . .... . .. . . . . . .. ..... 108
Bowrms, Henry (and another).. ... . .. .... 115, 128
BAlmy, James............................. 139
C.
CHAPMAN, Harvey.... . . . .. . . . . . . .. . . .. 66, 74, 108
CHESTER, George F. . . . . . . . . . . . . . . . .. . . .. 8, 23, 24
CHIPMAN, Fannie B.. 91, 105, 120, 134, 135, 140, 141
CASEY, James S..... ............. .... ...... 93
CHIPMAN, Richard H. . . . . . . . . . . . . . . . . . . . . . . 128
CHIPMAN, Laura E.... ..................... 142
D.
DAJ\ROW, Thos. R. and Harmon T. .. . . .. 48, 49, 76
DARlIOW, George W. . . . . . . . . . . . . . . . . . . . . . . . 96
E.
ELswom'JI, Philip R.,................. .... 122
ii
INDEX.
F.
PAGE
l<'ONES, vVilliamH.................. ....... 145
FONBS, vVilliamA........ ...,........,.... 54
l"ox, Robert R. . . . . . . . . . .. ................ 8, 23
Pox, Robert R. (Will of).... ............... 9
Fox, Pay and Bessie. . . ... ................. 14
PEHGUSON, Edmund nf. . .. . . . ... . . . . . . . . . .. 15,158
PBlWUSON, "Valton.... .... .....,... .... .... 16
PITCH, Ash bel \\1 . . . . . . . . . . . . . . . . .. ... ... 85, 87
I<'A Y, Maria D.. . .. . . .. .. . . .. .. . . .. .. . .. ... 92, 98
l<'ONTAINI.;, Napoleon.........,............. 127
l"ox, Fay. . . . . .. .......................... 182
]'ox, Bessie. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 132
G.
GARDINER, P. L. and C. N.............. . . ..
GREEN, Mary A. . . . . . . . . . . . . . . . . . . . . .. ....
GREEN E, Paul R. . . . . . . . . . . . . . . . . . . . . . . . . . .
GIFFORD, Abram...........................
59
65,7B
119
154
H.
lIEDGE, Prances C. . . . . . . . . . . . . . . . . . . .. 50, 51, 109
HEISS, \Villiam H. . . . . . ... . . . . . . . .. . . .. . . .. 56, 57
HImGE, \Villiam A................... 88,110,143
HOFFORT, Martha E. . . . . . . . . . . . . " . . . . . .. 89, 118
HENRY, E. Stevens. . . . . . . . . . . . . . .. . . . . . . . . . 97
Hlms, Annie Nicoll.... ..................... ]37
HANSEN, Christian. . . . . . .. . . . . . . . .. . . . . .. 150, ]57
J.
JOSL Y x, Harriet A. .. . . .. . . . . . . .. . . .. . . . .. . 133
J,.
LATCIA"" Daniel D. . .. . . . . . . . . . . . . . . . .. . . . . 69
Lv j,ES, James H. . . . . . .. . . . .. .............. 13, 14
LYLES, James II. (Power Atty.). . . .. . . . .. 10, 26, 34
LYLES, .James H. (Release).. 37,44,47,101,131, ]32
LYLES, Harriet A........................... 90
LINCOLN, Nellie A. ........................ 133
LYLES, Henry E. . .. .. . . . . . .. . . .. . . . . . . . .. . . 156
M.
MURDOOK, Plorence M. . . . . .., ... .. 39, 41, 129, 153
INDEX.
iii
PAGE
MARKHA!I, Aug. C... . . . . . . . . . . . . . . . . . . . .. 66, 151
MEECH, .James M. (Release)........ .... 58, 80
MARCY, Dwight. . .. .. . .... .. .. .. . .... . .. .. .. 97
N.
NASH, Emeline H. . . . . . . . . . . . . . . . . . . . . . . . . .
131
P.
PARKER, Henry H. . .. .....................
PARKER, Henry L..........................
14,33
58,80
R.
RICHAIWS, Chas L. (and other). . ... ........ 58, 80
REYNOLDS, John........................... 93
S.
SECCOMB, Edward A........... .......... 121,135
SEAl{S, Allison. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
S'l'II,J"MAN, Frank R............ ............ 136
SAUTER, Robert............ ................ 138
tlAGE, DeWitt C.................. 61,63,111,1]3
STONE, William E.......................... 144
tlMJ'J'H, Edgar A............................ 64,72
SIIEl'ARD, Courtlandt J. ................ 67,79,80
tlHOLES, Elisha \V..... .. .......... 68, 77, 126, 127
SIlULES, Alonzo V\T................ .68,77,126,127
SHEl{MAN, Robert H.. .. .. .. . . .. .. .. .. .. . . .. 85, 87
SCHOOl", District No. 18...... .............. 147
STAJ<KWEATIIER, Sarah E.... ................ 148
T.
TOWNE, George S. . . . . . . . ... . . . . . . . . . . . . . . . .
TREE, \Villiam D.. . . . . . . . . . . . . . . . . . . . . . . . .
TUCKER, Susan P. . . . . . . . . . . . . . . . . . . . . . . . . . .
85,87
115
123
U.
UNJ'J'ED STATES OF AMERICA.. ...... 7,9,22, 24
W.
WINTHROP, John (Grant)............ 2
\VINTHROJ', \Vm. H...................... 6,7,22
\VINTJIIWP, Francis B. (Agree't)............ 22
iv
INDEX.
PAGE
WALKER, James......... ........ 60, 110, 117, 119
'WETMORE, Mary A......................... lOti
\V ALKER, Ln tina S. . . . . . . .. . . . . . . . . . . . . . . . . 60
WALKER, William C. . . . . . . . . . . . . . . . . . . . . . . 60
\V OLCOTT, Sarah.. .... .. .. . .. .. .. .. .. .. .. 119
\V EBB, Patrick J.. .. .. .. .... . .. . . .. .. .. . . .. 123
WISWELL, Fannie 1. . . .. .. .. . .. .. . .. . . .. . .. 149
ABSTRACT OF THE TITLE
f
.~
OF
EDMUND M. FERGUSON
AND
WALTON FERGUSON
TO
~
All that certain Island, situated, lying and vein.!},
in the 1'own qf Soutlwld, County oj' Suffolk and
State oj'lYew York, called F,s,nm's ISLAND,
and the several small islands ad;jacent thereto
called the HmrMocKs and \VICOPESSE'I', ex-
cepting the several portions of said Fisher's
Island which have heretofore been sold and
conveyed, as hereinafter shown.
,
FISHERS or VTSSCIIERS ISLAND was discovered
by the Dutch, under Capt. Adriaen Block in the
year 1614.
Historical records show, that Capt. Block sailed
from New Amsterdam, through the Hellegat, into
the Great Bay (Long Island Sound), and went as
far east as Cape Cod, naming Block Island after
himself, and Fisher's Island was probably named
after Visscher, one of his companions.
John Winthrop, who was in 1657, and from 16159,
until his death, in 1676, Governor of Connecticnt
Colony (the son of .John \Vinthrop, first Govf)rnor
of Massachusetts Bay Colony), obtained from Massa-
chusetts in 1640, a grant of this island.
In the following year he obtained the assent of
the Hartford Court to the grant, and in 1644 he pur-
chased the rights of the Indian Proprietors.
\
2
As Fisher's Island was included in the boundaries
of the Duke of York's patent to Uichard Nicolls
(1664), Govr. Winthrop procured a Patent of Con-
firmation as follows:
RICIIARD NICOLI,S Esq, &c. '''hereas there is a
Certaine Island w~" in this Govel'llmt_ Scituate lying
& being in y" Sound neare unto New London com-
only called & knowne by y" Name of FFISHEns
ISLAND Conteyning by Estimation one thousand
acres be it more or lesse wd, said Island was hereto-
fore purchased from y" Indian Proprieto':< by .J OUN
",TINTlIROP Esq': Governor of his ~lati.eR Colony of
Conecticott in whose tenure or })Qssession it now is
& ever since the purchase thereof hath so heene &
Continued Now for & -in ConsideratIon of y" said
Purchase & longe possession as also for yo goocl
services pe~formed by him the said ,T ohnW inthl'op
at y" Reducing of this Place to his Mat~'.< olledience
(he being pI' sent thereat) togeth'~ wth ye many good
& Neighbourly offices done towards yO securit.y &
benetitt of this Colony amI fOJ" divers other Canses
& Considerations me thereunto espeeially moving
KNOW Y}~E, that by vertue of y' Uomission & au-
thority unto me given by his Royall Highness ,Tames
Duke of Yorke &c upon whome by Lawfull Gnlllnt
& Pattent from his Jl.fau,' y" Propriety & Governmt
of Lon[! Island and nll 1/' Islnnds ad:jacent nmon[!st
oth". th-ings -is Setled I have given nnt-(fyed Con-
finned & Graunted & by theise p,'sents doe G-ilJe
RatIfye COl1finne & Graunt unto ye said John
Winthrop his Heires & Assignes yO sa-id Island
called FIRIIlms ISLAND aforesaid. Togeth~ w"o' all
y' Sandz Soyles ,V oodz Meaclowes Pastllres.Mars7ws
Lakes Waters Creeks Fis7dn[! Hawking IIunt-ill,q
& .I<'owling and all oth, Profitts Commodityes
Emolumt~ & Hereditamt< to ye said Island belonging
wth their and every of tlteir appurtenances & of
every Parte & Parcell thereof And that 11' sa-id
Island & p"misses now -is and forever lwreaft'. shall
be held deemed reputed taken & be an InUre En-
,
t,
~
,
,
B
t
franeltised Townes/lip frIanno, & Place (if itself &
shall alwayes from tyme to tyme & at all tymes
lwreafteT have hould and injoye like & Equal!
privileges & Immunityes wt" any Towne Infranchis'd
Place or Mannour wt"in this Govermt & shall in
no manner of way be subordinate or belonging unto
have any dependance upon or in any wise be
und" ye Rule ord' or direction of any Ryding
Towneship or 1'owneships Place or Jurisdiction
wthin this Govemmt but shall in all cases t/lings
& matters be deemed reputed taken & held as an
absolute intire Injl'anekised 'l'ownes/lip il1anno" &
Place of it selle & shall be ruled ordered & cUrected
in all matters as to Governmt accordingly by y'
Governo" & his Councell & yO Gend! Assizes onely
Provided that no Priviledges herein Graunted or
mentioued to be Graunted shall be meant & inter-
preted to extend to y' Protecting of any Tray tors
Malefacto" Fugitives or Debto" tlying into y' said
Island to y' Damage of any Perticular Person or
yO Obstruction of y' Lawes & yO Comon & Publique
Peace of this Governmt & y' Justice thereof. 1'0
HAVE & TO HOULD y' said Island & all and singular
th' appurtenancAs & Premisses 'l'ogeth~' wll' y' Privi-
ledges Immunityes Franchises & Advantages herein
Given & Granted unto y' said John Winthrop his
Heires & Assignes unto y' Proper use & behoofe of
y' said John ,Ninthrop his HeirAs & Assignes for
ever fully freely & Clearly in as large & ample man-
ner & forme & 10'" s'uch full & absolute 11Inll1ln-ityes
& PTiviledges as before is expressed as if he held
y" same Imediately fTom Ids Matic 1/' Kin.'!e of En-
gland &c & his successors as of y' ]/[anno" of East
Greenwich in y' County of Kent in free & Comon
Soccarle & by fealty onely yielding RendTin,,! &
Payiny yearely & every yeare unto his Royall
Highnesse yO Duke of Yorke & his Heires or to
such Governo<:' or Governours as from tyme to tyme
shall be by him Constituted & appointed as an Ac-
knowledgm~ ONE LAMB upon Y' first day of May if
.,
"
I
4
JI' same sltall be demanded, Given und" my hand &
seale at ffort James in New Yorke on Y' Island
JIlanhatans in America y" 2HtJ' day of March in y'
20tJ' yeare of y' Haigne of our Sovemigne Lord
Charles y' Second by y' Grace of God of England
Scotland Prance & Ireland Kinge Defend' of y' ffaith
&c & in Y' y',are of our Lord God 1608
(See Yol. II., Abstracts of Patents, No.
522.
See Yol. III., Patents, p. 0-
Hecords in office of Secretary of State,
Albany, N. Y.)
)
John ,Vinthrop, Jr., the Grantee, Governor of Con-
necticut, was born at Groton, England, in 1600, and
died at Boston, Mass., in 1076.
Pisher's Island was elaimed by Connecticut in
1680, as being within her jurisdiction, and in conse-
qUeJlCe thereof Sir E,lmund Audros, then GovArnor
of New York addressed the following epistle to
Hon. ,Villi",n Leete, tben Governor of Connecticut:
" IIoNBLE t;H--Being advised by an order 01' war-
"rant from yourself aud some assistants sent to
.. lfishcl"t; Island, I am mHch surprised att YOlll'
" Intrenching Uj)(Hl his Afuties Letters Patents to his
" Hoyal Higlmess,as well as the Grant by Govel'l1our
"Nicolls to the Honoble John vVinthrop, Esq. (late
"Governor of Connecticut) for sd Island; which
" Island amI Grant it is lilY Duty to assert, as much
" as this or any othe1' part of the Govermt; And
"therefore desire that YOIl will, without delay,
" recall sd walTant or order, and forbear any the
" like proceedings for the future, to prevent great
"" Inconveniency,,;; a,ud remaine yonI' Etfectionate
" neighbour and Humble Senant E. AND HaS "
" 'l'o the Honble \VnT,rAM Lmc'l'E Esq.
" Governour of his Maties Colony
"of Connecticut."
r
-
5
It
The Connecticut Conrt resolved that they wouM
exercise government over the Island, and prohihited
ohedience"to Sir Edmund's request. This hluster
ended the matter.
The son of John "Winthrop was obliged to recog-
nise the jurisdiction of New York, under which
Fisher's Island has ever siuce remained without
q ues tion.
GoV!". John \Vinthrop left two sons, Fitz-John
Winthrop amI Wait Still Winthrop.
On the death of John \Vinthrop, Fisher's Island
descended to his eldest son, Major Fitz-John \Vin-
throp. lIe was Governor of Sterling Castle, and a
general officer in Genl. Monk's arnl)', and was
Governor of Connecticut from 1698 until his death.
He died in 1707, leaving one daughter Mary,
who married John Livingston, of New 101'k, and
had no issue.
His will, dated at New London, March 14th, 1701,
is recorded in the office of the Surrogate of the
County of New York, in Liber 7 of "Wills, page
379.
Wait Still \Vinthrop, the second son of Governor
\Vinthrop, succeeded his elder brother as proprietor
of Pisher's Island. He was Chief-Justice of Massa-
dlllsetts Bay Colony, and Major-General of the
militia of that province. He died 7th Septelll her,
1717, leaving one son (John) and one daughter
(Anne).
John \Vinthrop, only son of ,Vait Still \Vin-
throp, was born Augt. 25th, 1681. Manied a
daughter of .Joseph Dudley, of Roxbury, and died
in England, Augt. 1st, 1747.
He left two sons (John Still amI Bazil) and five
daughters.
His wife survived him, and died May 29th, 1776.
His will was probated at New London, December
22d, 1747.
In and by his will, he leaves Fisher's Island to
his eldest son John Still, "forever to be and abide
to him and his heirs male forever."
r
"
\
f
6
.John Still Winthrop was born 15th January,
1720. Died June 6th, 1776, leaving eight children
by his first wife, and four by his second.
His eldest son was .Tohn (to whom letters of ad-
ministration upon his father's estate were issued, at
New London, June 20th, 1776).
.Tohn Winthrop, eldest son of .Tohn Still Win-
throp, was born .July 20th, 17131. Died a bachelor
iu New York, 15th November, 1780.
His will was admitted to ]Jrobate, ancl letters tes-
tamentary issued to his brother, Francis Raym'd
JVinthrop, in New York, November 21st, 1780.
By his will, he gives and bequeaths Fisher's
Islaud to his brother, Francis Bayard IVinthrop,
whom he also makes his residuary legatee and ex-
ecutor.
PrancEs BaY!lnl JVinthrop, brother to the pre-
ceding owner, died in 1818, seized of the premises in
question.
By his will, recorded in Lib. 53 of Wills, p. 5H4,
in the Surrogate's office of the County of New York,
he devised that part of his estate, called Fishel" s
Islaud, with tile appurtenances, to his four sons:
.Tohn Still WintltTop,
Prancis Bayard Winthrop, .Tr.,
William HenTY Winthrop,
'l'lwmas Charles WintltTop,
their heirs and as/::dgns forever, as tenants in com-
mon in fee simple.
..
~.
FrancisB. 'Vinthropandi Warranty Deed. Dated
wife , f April 2,3,d' ] 818. Re-
corded December 8th,
to 182t;, in the Clerk's Of-
fice of Suffolk County,
William H. Winthrop. J in Lib. H., page 93.
,
~
Conveys the equal undivided fourth part of Fish-
er's Island, and the other slllall islands contiguous
thereto, called the llammocks, &c.
7
If
i
.i
John Still \Vinthrop and 1 Warranty Deed. Dated
wife June 24th, 1820. Re-
I
to ( co~ded. D~cem bel' 8th,
11826, III .LIb. n., page
I
William H. Winthrop. j 96.
Conveys another equal undivided fourth part of
Fishel" s Island, and the small islands contiguous
thereto, called the Hammocks, &c.
Thomas Charles Win-l Warranty Deed. Dated
throp and Wife I February 28th, 1825. Re-
t (corded Decem bel' 8th,
o 11826, in Libel' H, page
William H. Winthrop. j 99.
Conveys another undivided fonrth part of Pish-
er's Island, and the small islands contiguous thereto,
called the Hammocks, &c.
The fee of the whole property became thns vested
in \Villiam Henry \Vinthrop (subject to certain
mortgages, which have all been satisfied and dis-
charged of record.
\Villiam H. Wiuthrop made the following con-
veyance :
William H. Winthrop 1 .. .
d UtA h' QUIt claim deed. Dated
an margare, nn, IS N. I 11th 1847
wife 0\ em )er , .
, t Recorded November 27,
Th U't dO St t f II 1847, in Libel' 47, page
e me. a es 0 I 239.
AmerIca. .J
Conveys small Island called North Dumpling, or
Hammock (see description in search below).
1
)
\Villiam Henry \Vinthrop died at New London,
Connecticut, September 3d, 1860, leaving him sur-
viving, as his only children and heirs-at-law, three
sons, William II. W'intltrop (Jr.), Thomas P. Win-
throp and Francis B. Winthrop, and two daugh-
ters, Jane P. Chester and l'iIary T. Pratt.
E\
He also left him surviving, his widow, frIargaret
Ann TVlntltJ.op, and left no descendants of a de-
ceased chii<1 surviving him. None of his children
who have cUed have left issue. His widow and ex-
ecntrix did not make any sale or disposition of
Fisher' A lslrtnd in her lifetime. His son, Prancis B.
'Winthrop, clied at New London, .Tanuary 22d, 1E\63,
leaving no issue surviving him, but leaving a widow,
Margaret Rebeeca \Vinthrop.
The widolV of 'William H. vVinthrop (Margaret
Ann vVinthrop) die,] at New London, intestate, on
the 27th day of Fe1mmry, 186B. She left her sur-
viving as her only children and heirs.at-law the
saic] vVilliam H. vVinthrop, Jr., Thomas 1'. vVin-
throp, .Tane P. Chester and Mary T. Pratt.
William H. vVinthrop I Deed (Cov. a g a ins t
and wife, Thomas P. i g,rantor). Dated October
\Vinthrop and wife, ~Blst, 1863. RecordedNo-
to I vem bel' 3d, 1863, in Libel'
George T,'. Chester. J 12B, page 526. .
Conveys Fisher's Island, &c., with all the appnr-
tenanees.
y
i'
Margaret R vVinthrop, I Deed (Cov. against
widow of Francis B. I grantor). D ate d N 0-
Winthrop, ~ vember 2d, 1863. Re-
to I corded N ovem ber 5th,
186il, in Liber 123, page
GeOl'ge F. Chester. J 537.
Conveys Pisher' A Island, with the appurtenances.
GeOl'ge F. Chester, Jane I vVarranty Deed. Date,]
P. Chester, his wife, r' December 2d, 186:3. Re-
and Mary T. Pratt, corded December 7th,
to 1863, in Libel' 124, page
Robert R. Fox. J 162, Cons. ::;05,000.
Conveys Pisher's Island, &c" "except t.he North
Hammock, on whieh is the Light House."
Robert R Fox thus acquired tit.le to Fisher's
Island.
~'
o
;
He made the following conveyance:
Robert R. Fox and Eliza 1
D. Pox, his wife, I Warranty Deed. Dated
. t July 6th, 1870. Recorded
Th U't dO St t f May 25th, 1871, in Libel'
e nLe. a es 0 179 a e 112.
Amenca. ' p g
Conveys 1010 acres, on extreme west end of Fish-
er's Island, according to a plot or map of Race
Point, tiled in office of Clerk of Snffolk County, N.
Y., May 25th, 1871, as map No. 572.
(See description and reservation in search below.)
Mr. Fox died, in possession and occnpation of
Fisher's Island, September 24th, 1871, leaving him
surviving- his two children, Faye Fox and Bessie
Fox, his sole heirs-at-law, to the premises in ques-
tion, subject to the dower right of their mother,
Eliza D. Fox.
""'
He left a Last Will and Testament as .follmos :
) Dated Clct. 27. ]870.
I Proved Nov. 25, 1871.
Will 0.1 Robe,.t R. Fox. t Recorded Libel' 10 of
J ~Wills, p. 675, Surrogate's
Office, Suffolk Co., N. Y.
He appointed James R. Jesup and Joseph 8. Fay,
his executors. Joseph S. Fay alone qualified, aUlI
letters testamentary were issued to him by the
Surrogate of Suffolk Co., N. Y., Nov. 21>, 1871, Libel'
E, p. 191.
.,J.
The following is an extract from said will :
" As to my plantation or farm known as Fishers
"Island, expecting that, that Island will remain in
"my family for some time, I hereby give and
"devise all said plantation and farm known as
"Fishers Island to my said two daughters, Faye
"and Bessie Fox, to be equally divided between
"them, share and share alike, subject howm-er, to
"the right of dower of my said wife in the same:
10
"and in ease either of my saill danghters shonld
"die before me without issue then Iivin" the SUl'-
'"
"viving daughter shall take the whole of said farm
"subject to dower as aforesaid; and in case eitt",r
"of my said daughters should die before me
"leaving issne, such issne shall have and take the
"share of his, her, or their deceased parent in said
" farm."
i
Proceedings were taken as follows to have the
premises sold, to pay the debts of the testator.
In the Matter of Appli- I
eation of Executor of I S C
Robert R. ]<'ox for leave t nrrogates onrt of Suf-
to sell Estate for the I folk County, N ew York
payment of his debts. I
J .
Oct. 3, 1874. Petition filed, recites death of
Robert R. Fox on the 24th day of September, 1871.
Will admitted to probate November 26th, 1871.
Recites that petitioner, ,J oseph S. Fay, is exeeu-
tor; that James R. Jesup, [he other executor, has
never qualified and declines to a ,t ; that he has
made and filed an inventol'J ; that the personal
estate is insufllcient for the payment of debts; that
all the personal estate has been applied, and that
deponent petitioner used dne diligence.
That the debts due on the 27th day of August,
1874, when the petition was verified, were 1362,842.56.
'rhat the testator diell seized of all that certain
Island called Fisher's Island, &c.
That the heirs of said Robert R. Fox are Faye
and Bessie Fox, both minors, uuder the age of 14,
and have a testamentary guardian, their mother;
that the testator devised said Island to said childreu,
subject to right of dower of their mother, and in
case they should both die, leaving no issue, said
real estate to go to the children of his wife by her
first husband, Herman Allen, deceased, namely
Elizabeth A. Hood, Harriet P. Lyles and ]<'lorence
M. Murdock, all of full age.
,...,
.l.
11
,>.
That next of kin are Ebenezer Fox, Sophia Ander-
son, EUlllLce Palmer, Teresa Palmer, Celinda Cove,
Ellen C. Smith, brother and sisters of said testator,
and Lucius Little, Robert Little, Ralph Little,
Anna Field and Augusta Robinson, children of a
deceased sister of said testator.
Schedule A shows items of disbursements and
recHipts of personal estate.
Schedule B shows the names of creditors to pay
whose debts the application is malle.
An affidavit to correctness of the schedules is
annexed, sworn to Nov. 30, 1874, by JosHph S. Fay.
Oct. 3, 1874, order to show cause issued, and filed,
returnable on the 30th day of November, 1874.
Plorence M. Murdock, Harriet .B'. Lyles, Eliza D.
Fox and Bessie Fox admit due service of order to
show canse.
Affidavit of Harmie Darrow that he served Bessie
.B'ox, Oct. 29th, 1874, by leaving copy with her, and
also one with her mother.
Affidavit of James H. Lyles of service on the
19th day of October, 1874, on Florence J\L Murdock,
and on the 20th day of Oct., 1874, on IIarriet P.
Lyles, and on Oct. 26th, 1874, on Eliza D. Fox.
Affidavits of publication of order to show cause
in Albany Evening Journal, a State paper, once a
week for six weeks, commencing Oct. 9th, 1874;
same in Sag Harbor Express, commencing Oct.
15th, 1874.
Nov. 11th, 1874, affidavit of James H. Lyles that
Faye .B'ox resides in England, Elizabeth H. Hood in
England; that the next of kin meutioned in the
petition are non-residents, except Teresa Palmer,
who resides at Seneca Palls, New York; that Eben-
ezer .B'ox resides at vVillington, Conn., Celinda Cove
at vVillington, Conn., Eunace Palmer at East Had-
darn. Conn., Sophia Anderson at New HarHord,
Conn., Ellen C. Smith at New Hartford Conn.,
Halph Little at Sheffield, Mass., Lueius Little,
l"rank Little, Augusta Robinson and Anna Fields,
(
,----
I
12
all of said Sheflield, Mass., and Robert Little at
Salisbury, Mass.
Endorsed: "Filed Nov. 30th, 1874."
General answers of infants Faye and Bessie Fox,
verified by Eliza D. Fox, Oct. 27th, 1874, served
Oct. 30th, 1874.
Nov. 20th, 1874, Ol'der made and entered appoint-
ing special guardian for infants Faye and Bessie
Fox.
Nov. 30th, 1874, consent of special guardian to
serv 8.
On the 30th day of November, 1874, .Joseph S.
Fay, Exr., &c., appeared, Bessie and Faye Fox by
special guardian, and also by Eliza D. Fox, their
mother and testamentary guardian.
No other appearances. Adjonrned by consent to
Dec. 21st, 1874, at 4 P. M.
Dec. 21st, 1874, Eliza D. Fox
claim was allowed at. . ... . . ..
Harriet Allen (Lyles) . . . . . . . . . .
Florence 11. M nrrlock. . . .. . . . . .
Elizabeth A. Hood.............
,
$13,000 00
2,636 53
2,636 5B
2,636 53
'"'
1
$20,909 59
Some small sundry items were added to this total,
making a sum in all of $22,192.00 allowed by the
Surrogate. The difference between the amount
claimed in the petition and amonnt allowed is ex-
plained by the fact that no interest was allowed
(as claimed) on the SUIIIS claimed to be dlle.
Dec. 21st, 1874, order for the sale of premises
known as Fisher's Island was made and entered by
the Snrrogate. Bond $100,000 filed and approved.
Ad vertisemellt of sale of ]'isher's Island pllb-
lished six weeks in Sag Harbor EXpre88, commenc-
ing July 22d, 1875, as appears by affidavit.
The affidavit of Nathan C. Fordham that he
posted notices of sale July 22d, 1875, in three most
public places in the Town of Southold, the town
...
13
.,
where the sale mentioned in the notice was to had,
to wit, on the ontside of the post office, also on the
liberty pole and building corner of Main and Front
Streets, Greenport.
Sept. 22d, 1875, affidavit of Harmie Darrow that
he attended the sale and it was fairly conducted.
Oct. 30th, 1875, report of sale filed; recites that
on Sept. 2d, 1875, between 12 and 2 P. 111., at Fish-
er's Island, he sold the premises to .Tames H. Lyles
for $68,000. The affidavits of publication and post-
ing aTe annexed to this report-.
Oct. 80th, 1875, order made eonlirming the sale,
and directing the executor to execute deed to pm-
chaser.
).
Pnrsuant to above proceedings and decree the
following deed was executed:
Joseph S. Fay, Execu.l
tor of Last Will aud I Deed. Dated Nov. 24th,
Testament of Robert 1875. Recorded Nov.
R. l<'ox, deeeased, rl 80th, 1875, Lib. 219, p.
to 62.
.fames H. Lyles. j
Recites above-mentioned proceedings in SlllTO-
gate's Court, and decrees therein; sale of the
premises to party of secoud part pursuant thereto
on September 2d, ]875, and decree dated October
30th, ]875, conlirming sale, and directing executor
to execute deed to purchaser.
Conveys, in consideratiou of $68,000-
"All that certain island lying and being in the
"County of Suffolk, and State of New York, called
"Pisher's Island, and the several slllall islands eon-
". tig-l1ons thereto called the HOlnoeks, together with
"the buildings thereon situated."
J allles H. Lyles thereafter executed certain mort-
gages covering the said pre1llises so conveyed to
him, which were all duly paid and satisfied and
,....
14
discbarged of reconl .I nly 22d, 1889 (see Liber 188
of Mortgages, pages 2m, 292, 293, 294, 295).
James H. Lyles and wife 1 Deed dated March
t ,30th, 1876. Recorded
o r April 29th, 1876, Liber
Helll"Y H. Parker. j 222, p. 357.
001We?/S all that certain island lying and bcing in
the Connty of Suffolk, and State of New York,
called l"isher's Island, and the several small islands
contiguous thereto called the Hammocks.
"
Henry H. Parker and 1
El' 1 1,1 n l"f Trust deed. Dated June
IZa)8 1 J:' . 118 WI e )
t ' , 3d, 1876. Recorded Jnne
J II To 10th, 1876, Liber 221, p.
ames . ~y le8, as trus- 426.
tee.
OOn?,e?/s same premises, IN TRUST, to hold said
property and pay over the rents and profits to tbe
use and support of Faye ]'ox and Bessie Fox,
minors, cbildren and heirs-at.law of Hobert R. Fox,
dp('ea:-;eLl, until they become of age, and then to
convey bank sllch portion then remaining unsold,
an,] if either shan die before they arrive at the age
of twenty. one to convey her share to such l,erson as
tbey shan appoint, &c., &c.
Contains a power to sell and execnte deeds as
tbongh the grantee were vested with title in fee
simple.
James H. Lyles, as trustee pursuant to snch con-
veyance, executed certain deeds for portions of the
island sold, whicb appeal' in the search below.
Upon the arriva I of age of Bessie Fox, youngest
daughter of Robert R. Fox, Mr. Lyles reconveyed
by following deed:
James H. Lylesanc]Har'i Deed, Bargain and
riel, F., bis wife, I Sale. Dated Sept. 14th,
to ~ ] R8o. Recorded Sept.
Fay Fox and Be"ie i ]5tb, 1885, Lib. 291, p.
Fox. ) 140.
"'"
(
j,
15
.
Conveys, as tenants in common, all that certain
island sitllate, lying and being in the County of
Suffolk, and State of New York, called Fisher's
Island, with the several small islands contiguous
thereto, called the Hammocks and \Vicopessett,
with the huiidings thereon situated, excepting so
much thereof as has been heretofore conveyed by
said James H. Lyles, one of the parties of the first
part.
This conveyance being made pursuant to the
terms of a certain deed made by Henry H. Parker
and Elizabeth F., his wife, to said .James H. Lyles,
dated the 3d day of June, 1876, and recorded in the
office of the Clerk of Suffolk County, in Libel' 221
of Dee'ls, page 426, on the 10th day of June, 1876.
Fay :B'ox and Bessie Fox I Power of Attorney.
to ~ Dated Sept. 14, 1885.
I Recorded Sept. 15, 1885,
James H. Lyles. J Libel' 291, p. 138.
E~IPO\V]ms to sell at public or private sale the
whole or any portion of Fisher's Island, &c., execute
deeds, &c.
Pursuant to this authority portions were sold and
conveyed, as appear in the search below.
~
..
Fay Fox and Bessie :B'ox, I
by James H. Lyles, I
their attorney in fact,
&c..:B'ay Fox and Bessie '
Pox, of full age, nn-
married, parties of first
part; James II. Lyles,
individually, party of
second part,
to
I' \Varrautydeed. Dated
July 19, 1889. Ack'd
July 19, 1889. Recorded
~ Suffolk Co. Clerk's office
July 22, 1889, Libel' 321,
p.185.
Edmnnd M. Ferguson,
Party of third part.
Conveys all that certain island sitnate, lying
16
and being in the town of Southold, County of Suf-
folk amI State of New York, called Fisher's Is13nd,
and the several slIla 11 islands adjacent thereto, called
the Hommocks and \Vicope"set, being the same
premises conveyed to Robert R. Fox, now deeeased,
by Georgeb'. Chester, .Iane P. Chester, his wife, and
Mary T. Pratt, hy deed date,I Deeemher 2, 1863, re-
corded in the office of the Clerk of the Connty of
Suffolk, ill Lih,'r 124 of Conveyanees, page 102.
'l'ogetlll:'l with all the bnildings and improvements.
Excepting1 lHnvPvt-w, the several parts and portions
of said Fisher's Island whieh have heretofore lJeen
sold and conveye,l in and hy the following instru-
ments, hy the particular descriptions as therein con-
tained;
Then recites parties, sale date and record of one
hundred and one instruments, whieh all appear in
the search lJelow.
Contains usua.l full covenants.
Also eovenants hy parties of first part, that
ahove exeepted are the only conveyances which
have been made hy said .Tames n. Lyles as trustee
or as their attorney in fact, ratifying and confirm-
ing his aets, amI warranting that they have receive,I
the considerations men tinned in said instru l1Ient8,
and releasing and discharging hirr1 frmH any elaitn
or demand.
J ames II. Lyles, party of the second part, cove-
nants that the several pieces and parcels excepted,
are all that have heretofore been sold or conveyed.
~
..
Edmnnd M. Ferguson 1 \V t D d D
. ":1' arran Y ee. u-
and Josephme E., Ins t l S t b 2- 1889
'f e(. ep 8In 81' " .
wle l
't r Recorded October 2d,
W It ;:, J 1889, in Libel' , page
a ,on 1.' 81'gnson.
Conveys undivided one half-part of Fisher's Island,
as conveyed to grantor by last mentioned deed, sub-
ject to same exceptions berein contained.
..
17
; .
Subject also.to two certain mortgages maele by Eel.
munc1 M. Ferguson to secnre a portion of the pur-
chase money on saiel conveyances to him, namely:
Mortgage maele by Edmnnel M. Ferguson to Fay
Fox anel Bessie Fox, elateel .fnly 19, 1869, to secure
the payment of $95,000, July 19, 1892, with interest
at fOllr per cent., payable semi.annually, Jannary 1,
and July 1. Mortgage made by Eelmnnel M. Fergu.
son to Joseph S. Fay of Woods HolI, Mass., elateel
July 19, 1889, to secure the payment of $55;000,
July 19, 18U2, with interest at four per cent., pay.
able semi.annually, Jannary 1 anel July 1.
Grantee assnmes payment of one. half pdncipal
anel interest of above mortgages.
+
The above Mortgages affect only the portion of Fisher's Island
lying East of the Ice pond and Island pond, and the land covel'ed
thereby is described in saill mortgages, as follows:-
Beginning at a drill hole in a rock, on the shore of l~ishcrs Islr,nd
S01'llld, which said rock lies about 300 feet Northerly from the lee
Bunse wharf and also marks the Northwest corner of land owned by
Bathsheba C.llarlow, ancll'Ulluillg from said drill hole, Southeasterly
Rlong the line of land of tlle aforesaid Bathsheba C. Barlow to the
shore of the Ice Pond; thcnce north ensterly, by and along the shore
of the Ice POllt] to a <<tone \\ all which divides Clay Point. past.ure
from tl1cBrick Yanl Pasture, between Islnn(1 Pond and the Ice Pond;
thence Southeasterly following the line of said wall to the shore of
Island Pond; Thence Northeasterly, easterly and Southerly, follow-
ing the North and east shores of said Isb:ull'ond to a fence, neur its
Sout.heasterly side; which said fence crosl':('.'\ between Island Pond
and the Pond lying easterly from it aTlft lH'nr the Ocean Beach;
thence paster!y following said fence to the shore of the aforesaid
Pond; thence southerly and easterly following the line of the South
shore of said PoulI to a stone wall near the Southeast corner of the
Pond; thence southerly following the line of said stone wall or fence
to the Ocean. Excepting, however the premises heretofore conveyed
by ,Tames H. Lyles, ']'rustee to John A. Bowen, George 8. rrowne,
Ashbel W. Fitch and Hobert H. Sherman, by deed dated October 19,
1878, recorded in Clerks oflice of Suffolk (Jounty, N. Y., ,Tanuary30,
1879, in Libel' 238 of Deeds, page 394.
,....
18
THE FOLJ.OWING ARE TIm OFFICIAL SEARCHES
1\iAD}~ AT 'l'ILE TIME OF THE CONVEYANCE OF PU:l.HEH.'R
ISLAND TO EDMUND M. FERGUSON.
,
THE INSTRTnmNTS NUMBERED 1 "'0 101, UPON
THE SEAROH, AUE TIIOSR l\IEN'l'IONED IN CONVEY-
ANCE OF FAY AND BESSIE }<'ox 1'0 ED1WND M,
FERGUSON. (L. 321, p. 185.)
The Clerk of the Couuty of Suffolk, State of New
York, will please search in his office for convey-
ances, mortgages, leases, agreements and all other
instruments of record, including SUl'rog'ute's decrees
(except judgments), against the property described
below or upon or in any manner affecting the same,
or any part thereof, by or against the persons whose
names are hereto subjoined, and for the periods set
opposite their respective names, and also return in
full the property as described in each instrumeut
returned hereon, and certify the result in writing for
WILLIAM M. HOES,
Attorney and Counsellor,
69 vVall i:ltreet, N. Y.
Dated New York, June 22, 1889.
,-
Pm:MISEs.-All that certain island situate, lying
and being in the County of Suffolk, and State of New
York, calle,l Fisher's Island, ana the several small
islauds contiguous thereto, callecl the "Homocks,"
"Flat Hammock," " vVest Clump," " Middle
Clump," "East Clump," and" 'Vicopesset," to-
gether with the buildings thereon, being the same
premises conveyed by George F. Chester, ,fane P.
Chester and Mary T. Pratt to Robert R. }<'ox by
deed dated December 2, 1863, recordea December 7,
1863, in the Clerk's ofIh:e of Suffolk County, N. Y.,
in Libel' 124 of Couveyances, page 162.
-
19
;
Against
John Still Winthrop, 1
Francis Bayard Win- I
throp,
'Vi1liam Henry win-i From January 1, 1818,
throp, to December 30, 1826.
Thomas Charles Win- r
throp, j
"William H. "Winthrop, 1 From December 1,1826,
r to December 30, 1863.
-
Thomas P. 'Vinthrop, I
Francis R W"inthrop, I
,Jaue P. Chester, From August 1, 1860,
Mary T. Pratt, to December 30, 1863.
Dean Pratt,
Margaret Ann Winthrop,
George F. Chester,
1 From August 1, 1860,
r to December 30, 1863.
1 From November 1,1863,
r to December 30, 1875.
{From September 1, HJ71,
to December 30, 1875.
Robert R. ]'ox,
James R. .Tessup,
Joseph S. Pay,
Eliza D. Fox,
1 From September 1,1871,
r to October 30, 1886.
...
Henry H. Parker,
} From March 1, 1876,
to .Tune 30, 1876.
Fay Fox, I
Bessie Fox. l
.Tames H. Lyles, From September 1,
Individually, or as 1871, to date of your re-
Trustee, or as Attor- j turn.
ney,
20
SU]'FOLK COUNTY l
Clerk's Office, , \ SS. :
I, ORANGE T. FANNI:'<G, clerk of said county, do
hereby certify that I have searched the records iu
this office pursuant to the foregoing requisition and
find and report thereon as follows:
MCJUTGAGE.
William II. Wiuthrop and Marga-
ret Ann, his wife,
to
John Still Winthrop.
Dated 24th of .Junc, 1820. Recorded HJth of July,
1820, in Libel' N, page 8, to secure ~12.000. Endorsed,
see satisfaction in Libel' 72, page 477.
Affects:
All the one full equal undivided fonrth part of
a certain island, situa te. lying and being in the
County of Suffolk and State of New York, called
Fisher's Islrtnd, and of the slweral small islands
contiguous thereto, called the IIomock, whereof
Praucis Bayard vVinthrop, Esquire, latdy died
seized, and which were devised by him to his
four sons, the said .John Still \Vintlll'op and \Vill-
iam H. \Vinthrop, Francis B. Winthrop and Thomas
Chal'les \Yinthl'op, being the smne premises which
were conveyed to the saill William H. Winthrop
by the said John Still \Vinthrop, together with
Hal'l'iet his wife, by indenture bearing even date
with these presents.
..
-
NOTE 1.
The satisfaction above referred to reads as follows:
" S NY. } (U. S. Rev. Slamp, .05.
TATE OF J..']~W ORK, SS. :
City and County of New York, .
" I do hereby certify that a certain Indenture of
Mortgage, bearing date the fonrth day of June, in the
year one thollsllnd eight llllndred and twenty, made
amI executed by \Villiam II.\VinthJ'op and Mar-
garet Ann, his wife, to John Still \Vinthrop, and as-
-
21
;
signed to me for twelve thousand dollars (part of
the twenty-six thousand dollars secured by a subse-
quent mortgage), which first mentioned mortgage is
reeorded in the office of the Clerk of the County of
Suffolk, in Libel' N of Mortgages, pages 8 and 9,
on the 19th day of July, in the year one thousand
eight hnndred and twenty, at o'clock in the
noon is paid, and I do hereby consent that the
same be discharged of record. Dateel the 26th day of
Jannary, 1864, in presence of .fohn R. Kennady,
James J. Roosevelt."
Duly acknowledged. Recorded 4th of Febrnary,
1864, in Libel' 72, page 477.
DElm W ARRAN'rY.
Francis B. Winthrop and Elizabeth,
his wife,
to
William II. Winthrop.
Dated 23d of Aplil, 1818. Recorded 8th of De-
cember, 1826, in Libel' H, page 93.
Conveys:
"All the fllll eqnal undivided fourth part of a
certain island, situate, lying and being in the
County of Suffolk and State of New York, called
Fisher's Island, and of the several small islands
con tignons thereto, called the IIomocks, whereof
Fmneis Bayard \Vinthrop, Esqnire, lately died
seized, and which were devised by him to his four
sons, John Still \Vinthrop, the said Franeis B.
\Vinthrop and \Villiam H. \Vintll1'op and Thomas
Charles Winthrop.
D"ED \"1 A RRAN'l'Y.
John Still Winthrop and Harriet,
his wife,
to
\Villiam H. \Vinthrop.
Dated .Jnly 11th, 1825. Recorded 8th of Decem-
ber, 1826, in Libel' II, page 96.
Conveys:
Description same as last above written.
22
DBlm W ARRAN'l'Y.
Thomas Charles Winthrop and
Georgianna Maria, his wife,
to
William H. Winthrop.
Dated 3d of March, 1825. Recorded December
8th, ]826, in Libel' H, page 99.
oonveys:
Description same as last two above.
,
DmcD Q. C.
William H. 'Winthrop and Marga-
ret A., his wife,
to
The United States of America.
Dated November 11th, 1847. Recorded Novem-
ber 27th, 1847, in Libel' 47, page 239.
Conveys:
" All that certain small island called and known
by th" name of the North Dumplin or Hammock,
and situate, lying and heillg in Fisher's Island
!:iound, north of Fisher's Island, and being in the
Countr of !:iuffolk and !:itate of New York."
AGREEMENT.
William H. Winthrop
with
Francis B. \Vinthrop.
Dated 25th April, 1856. Recorded 12th May,
1856, Libel' 88, page 589.
Agreement whereby anu wherein said \Villiam H.
\Vinthrop agrees to pay to the lawful holder of a
certain mortgage made and executed by \VilIiam
H. \Vinthrop to l"rancis B. \Vinthrop, dated the
23d day of April, 1818, and recorded in Suffolk
,.-
23
County Clerk's Office, the principal s.um of $5,000,
and a]] the interest which sha]] or may be uue on
the same.
,
DElm B. & S.
William H. Winthropanu Mary E.,
his wife, and Thomas P. 'Win-
throp and Laura Augusta, his
wife,
to
George F. Chester.
Dated 31st Oct, 1863. Recordeu 8u Nov., 1868,
Libel' 128, page 526.
Conveys:
" A]] those pieces or parcels of land situate, lying
and being in the Town of Southold, Connty of
Suffolk and State of New York, known as Fisher's
Island,anu the sma]] islands adjacent thereto, known
as the Hammocks and W lCopesset, together with
a]] the builuings, improvements, chattels and prop-
erty thereon anu a]] rent now due and to grow due
thereon and therefor, and all and every right, claim
and demand of the parties of the first part, or either
of them, against the present or any former lessee 01'
lessees, tenant or tenants, occupant or occnpants
thereof. "
DEED WAR.
George F. Chester,JaneP. Chester',
his wife, and Mary T. Pratt
to
Robert R. Fox.
Dated 2d Dec., 1868. Recorued 7th Dec., 1868,
Libel' 124, page 162.
Conveys:
" All those pieces or parcels of land sitnate, lying
and being in the Town of Southold, County of Snf-
folk and State of New York, known as Fisher's
Island, and the several sma]] islaru:ls adjacent
thereto ca]]ed the Hammocks and Wicopesset (save
24
and excepting the North Hammock, upon which is
the Light l-Iouse), h~ing the same premises owned
and possessed by \\' illiam n. \V iuthrop of New
Loudon, Connecticut, in his lifetime, and of all of
which he died seizer!."
~
DElm B. & S.
Margaret R \Viuthrop, widow of
Francis B. v\' inthrop, deceased,
to
George F. Chester.
Dated Nov. 2d, 1863. Recorded 5th Nov., 11;63,
Libel' ] 23, page 537.
Conveys:
" All those pieces or parcels of land, situate,lying
and beingiu the Town of SouthoM, Connty of Suf-
folk "nd State of Nr'w York, known as Fisher's
Island, and the small islands adjacent, thereto
known as the Hammocks and \Vicopesset, together
with the buildings and improvements thereon, being
the same prentises formerly belonging to \Villiam
H. \V inthrop, late of said l\' ew London, deceased,
the father of the above namerl Francis B. \V inthrop,
deceased. "
1. DEED \V ARTY.
Robert R. Pox and Eliza D. Fox,
his wife,
to
'1'he United States of America.
Dated 6th J nly, 1870. Becorded 25th May, 1871,
Liber 179, page 112.
Conveys:
" All that piece or parcel of land containing ten
(10) and three-tenths (A) acres more or less, sit-
uated, lying and being in Suffolk County in the
State of New York, being part or parcel of
that piece of land known as ~'isher' s Island, in sai~
2~j
,
County aud State, bounded and described as fol-
lows: Beginning at a point on the southem shore
of said }<'isher's Island and running north 250 10'
west four hundred and ninety-three feet (493) over
two boulders marked one (1) and two (2) to a net of
boulders marked (3); thence north 21" 45' east six
hundred and ninety-eight (698) feet to a boulder
marked four (4); thence north 62" 15' east three
hnndred and seventy-two (372) feet to a boulder
marked jive (f>); thence north u3" 4' west two hun-
dred and ten (210) feet to the wat"r; thence along
the shore around the west point of the said island
to the point of beginning, of which the following is
a correct plot or map. (See map of Hac" Point,
Pisher's Island, N. Y., filed May 2f>th, 1871.)
" The said party of the second part shall build
and maintain the division fence upon said premises
and the party of the first part hereby reserves the
right to gather and take away all the seaweed which
may lodge or be deposited upon the shore of the
premises hereby conveyed, with free access through
convenient openings in the fence erected and main-
tained by the party of the second part to haul or
carry the same off from the said premises."
~
-
Tnrs INDBNTuRE, made the twenty-fourth clay of
November, one thousand eight hundred and seventy-
five, between Joseph S. Fay, executor of the last
will and testament of Robert R. Pox, late of Suf-
folk County, in the State of New York, deceased,
party of the first part, and James H. Lyles of the
City of Brooklyn, in the County of Kings and State
aforesaid, party of the second part. 'Vhereas Henry
P. Hedges, Esquire, Surrogate of the County of Suf-
folk, heretofore made an order, which said o1'<1er is
in the words and figures following, to wit:
26
At a Surrogate's Court held iu and for the
County of Suffolk, at the Surrogate's
office in the Village of Bridgehampton,
on the 21st day of December, in the
year one thousand eight hundred and
seventy-four.
Present-Hon. H. P. HEDG};S, Surrogate.
,
I
I
I
tament of Robert R. Fox, de- l
. I
ceased, for authorIty to mort-I
gage, lease or sell the real estate
of the said Robert R. l<'ox, de- J
ceased, for the payment of his
debts.
~
IN THE MATT};R
of
The application of JOSEPH S. FAY,
executor of the last will and tes-
Joseph S. Fay, the executor of the last will and
testament of R. R. Fox, late of the County of Suffolk,
deceased, having heretofore presented to the Surro-
gate of the Couuty of Suffolk his application for
authority to mortgage, lease or sell so lTluch of the
real estate of the said testator as shall be necessary
to pay his debts, and the Surrogate, upon such appli-
cation, haviug made an order directing all persons
interested in the estate of the said Robert R. Fox,
deceased, to appear before him at the Surrogate's
office in the Village of Bridgehampton, in the
Connty of Suffolk, on the 30th day of November,
1874, at 4 0' clock in the afternoon, to show cause
why such authority should not be given to the said
executor, and on reading and filing, on said 30th day
of November, satisfactory proof by affidavit of the
due publication of the said Ol'der and of the due
-
27
,
senke thereof on every person in the occupation of
the premises of which a sale is devised, and on the
widow and heirs of the said deceased, and the said
executor having, on the said 30th day of November,
appeared in person, and by Henry H. Parker, his
proctor, and Bessie Fox and Faye Fox, minors,
heirs of the said Robert R. Fox, deeeased, having
appeared by their special gnardian, Samuel O.
Hedges, aud Eliza D. Fox, their mother, by Wilson
and \'1 allis, her proctors. And on the consent of all
parties appearing, the tinal hearing in this matter
having been adjourned to this 21st day of Decem-
ber, at 4 0' cloek in the afternoon, at this place.
And the proper proceedings, in due form of law,
having thereupon been had, and the Surrogate, upon
due examination, being satistied that the said ex-
eeutor has fully complied with the requisite provi-
sions of the statutes concerning the powers and du-
ties of executors and administrators in relation to
the sale and disposition of the real estate of their
testator and intestate; that the debts for the pur-
pose of satisfying which the said application is
made are justly due aud owing, and that they are
not secured by judgment or mortgage upon or ex-
pressly chargell on the real estate of the said de-
ceased, and that the same amount to twenty-two
thousand and one hundred and ninety-two dollars,
exclusive of interest, and that the personal estate of
the deceased is iusufficient for the payment of such
debts, and having satisfactory evidence that the said
executor has proceeded with reasonable diligence in
converting the personal property of said deceased
into money aud applyiug the same to the payment
of debts, and having inquired and ascertained
whether suffieient moneys for the payment of such
debts aforesaid can be raised by mortgaging or
leasing the real property of the said deceased, or
any part thereof, and it appearing that the moneys
required cannot be raised by mortgage or lease ad-
vantageously to the estate of the said deceased, and
,
28
the said Joseph S. ~'ay, executor as aforesaid, hav-
ing executed a bond to the people of this i:Hate,
with sufficient sureties, approved by the said Surro-
gate, in the penalty and with the condition pre-
scribed by the statute in such case made and pro-
vided, whieh said bond is filed with the said Surro-
gate. It is thereupon ordered ancl the Surrogate
aforesaid, pursuant to the statutes afore'said, doth
order that the said Joseph S. Fay, executor as
aforesaid, sell the following described real estate,
whereof the said testator died seized, to enable him
to pay SllCh debts aforesaid of the saicl testator,
that is to say: All that certain island lying and
being in the County of Suffolk and State of New
York, called Fisher's Island, and the several small
islands contiguous thereto called the Homocks,
together with the buildings thereon situated; and
it is further ordered and directecl that the said
exeeutOl' may give to the pnrchaser at such sale of
said real estate a eredit, not exceeding three years,
for not more than two-thirds of the purchase money
of such real estate purchased by him, to be secured
by a bond of the said purchaser and by a mortgage
of the prcmises to him sold at the said sale. And
it is further ordered that the said executor do make
retm'n ac'cording to law of all sales made by virtue
of this order.
In testimony whereof, the Surrogate of the
County of Suffolk has hereunto affixed
his seal of office. 'Vitness H. P. lI~DGEs,
Surrogate of the County of Suffolk, at
the Surrogate's Office, in the Village of
Bric1gehampton, this 21st day of Decem-
ber, in the year one thonsand eight hun-
dred and seventy -five.
AmI whereas, the whole of the premises de-
scribed in the said ore IeI' have ,!ccordingly heen
soltl at public vendue by the said party of the
first part on the seconel day of September, 1875,
,
~
29
,
at Pisher's Island, in the County of Suffolk, that
bei ng the county where the said premises are
situate, due notice of the time and place of holding
such sale having been given according to law. And
whereas, the said party of the lirst part did make
return of his proceedings upon such order of sale to
the said Surrogate, in pursuance of the said order
and of the statute in such ease made and provided.
And whereas, afterward the said Surrogate, after
examining the said proceedings, did make an ortier
in the words and figures following, to wit:
At a Surrogate's Court helll in and for
the County of Sufl'olk at the Surrogate's
office in the Village of Bridgehampton
on the 30th day of October, in the year
one thousand eight hundred and sev.
enty.live.
Present-Hon. H. P. HEDGES, Surrogate.
IN 'l'HJe MATTJeR \
of I
The sale of the real estate of Rob. 'I
ert R. Pox, deceased, for the
payment of his debts.
J
,
An order having been duly made by the Surrogate
of the County of Suffolk, on the 21st day of Decem.
bel', 1 H74, authorizing .J oseph S. Fay, executor of the
last will and testament of Robert R. Fox, de.
ceased, late of the County of Suffolk, to sell the
real estate of which the said Robert R Fox died
seized, mentioned and described in said order,' to
enable him to pay the debts of the said Robert R.
Fox therein mentioned. And the said .108"ph S.
Pay, executor, having this day made his rl1lurn
of his proe"edings upon said order, by which said
BO
return it appears that under the said order the said
.Joseph S. Fay, executor, after having posted and
flnblished dlle nutice of the time a nd place of holding
sa id sale according to law, did on the 2d day of
September, uno, at ]2 o'clock noon, and between
the honrs of nine in the morning and the setting of
the snn of the same day, at Fisher's Island, in the
ComIty uf SllJfolk, the place mentioned in said
notice, did sell at ptlblie vendne the whole of the
premises mentioned and described in said order
nnto .James H. Lyles for the sum or price of sixty.
eight thousand dollars, and the said Joseph S. Fay
having this day appeared before the Sllrrogate in
his own propel' person, and by Henry H. Parker,
Esq uirel his eounsel, and having moved for an order
eunlinning tIle said sale, and Samuel O. Hedges, the
spedal gnardian of Pay Fox and Bessie Fox, minor
118i1's of said deceased, having also appe,ued for
them, and no one appearing in opposition to the
conJirmation uf said sale, and the Surrogate having
examiner] the proceedings upon the aforesaid order
of sale. and it appearing to the said Slll'l'ogate that
the said sale was legally made and fairly conc]ucted,
and that the sum bid for the real estate so sold was
not disproportionate to its value, it is ordered and
dE'CI'eed, and the Surrogate, pursuant to the provi-
sions of the statutes concerning the powers and
duties of exeeutors and administrators in relation
to the sale and disposition of I,he real estate of
their testator or intestate, doth order and decree
that the said sale of the said real estate so as afore-
said made by the said Joseph S. Fay, executor, be
and the same is hereby confirmed. And the said
Surrogate, plll'suant to the provisions of the stat lites
aforesaid, doth further ord('1' am] direct the said
Joseph S. Fay, executor of the last will and testa-
ment of Robert R. Fox, deceased as aforesaid, to
execute a conveyance of the said real estate so sold
by him as aforesaid to the said James H. I,yles, the
purchaser thereof at said sale. And whereas, the
,
,
31
,
said party of the first part did at the said sale sell
to the said party of the second part, he being the
highest bidder for the same. Now, therefore, this
Indenture further witnesseth, that the said party
of the first part, in pursuance of the said sale aud of
the said orders of the said Surrogate, and in pursu-
ance of the statutes of this State in such case made
and pl'Ovided, and also for and in consideration of
the S!lm of sixty-eight thousand dollars, lawful
money of the United States of America, to him in
hand paid by the said party of the second part,
the receipt whereof is hereby acknowledged, hath
bargained, sold and conveyed, and by these presents
doth bargain, sell and convey unto the said party
of the second part, his heirs and assigns forever:
All tha t certain island lying and being in the
County of Suffolk and State of N ew York, called
Fisher's Island, and the several small islands con-
tiguous thereto, called "the Homocks," together
with the buildings thereon situated. Together with
the privileges and appurtenances thereunto belong-
ing or in anywise appertaining, and all the estate,
title and interest which the said Robert R. ]<'ox,
deceased, at the time of his death had of, in and to
the same free and discharged from all claims for
dower of Eliza D. Fox. widow of the said Rohert R
F"x, deceased. Suhject, however, to all charges hy
judgu18nt, mortgage or otherwise upon the lands so
sold existing at the time of the death of the said
Robert R. Fox. To have and to hold the above-
described and conveyed premises, with the appur-
tenances, and all the estate, right, title aua interest
which the said Robert R. Fox at the time of his
death had therein unto the said pal'ty of the second
part, his heirs and assigns forever, as fully and
amply as the said party of the first part might,
could or ought to sell and convey the same by virtue
of the orders above recited and of the statutes of
this State made and provided, or otherwise.
,
.
32
In witness whereof, the said party of the first
part has hereunto set his hand and seal
the day and year first above writteu.
Jos. S. l<'AY, [L.S.]
Executor of the last will and testament
of Robert R. I"ox, deceased.
,
Sealed awl delivered in the I
p""sence of r
The WOl'a "N ()\rember" on 1st
page, 2d line, and the ,vord "Octo-
bel''' on 6th page, 28th line, both
written over eraSllre before execu-
tion. Also the word "title" on
1 Oth page, 10th line, and the same
wonl on same IJage, 29th line, in-
terlined before execution.
G. 'l<'. GRlcRNOUGH.
CO:i\Il\fON'VRAT,TH OF J\fARSACHUSETTS, }
Sllffolk COllnty, sS.:
I, FRANCIS \V. PAM'HEY, a Commissioner for the
State of New York, residing at Boston in said Suf.
folk Connty, do certify that on the 24th day of
November, A. D. 1875, personally appeared before
me at said Boston, J os. S. Fay, who is personally
known to me to be the individual described in and
who executed the foregoing instrument and he then
and there acknowledged to me that he executed the
same.
,
In witness whereof, I have hereunto set my
hancl and official seal at said Boston, this
24th day of November, A. D. 1875.
l<'HANClS W. PALFREY, [L.S.]
Commissioner for the State of New York.
.
33
,
STATE OF NEW YORK, }
Office of the Secretary of State, SS.:
I hereby certify that Francis .V. Palfrey, of Bos.
ton, County of Suffolk, and State of Massachusetts,
was at the time of taking the proof or acknowledg-
ment mentioned in his annexed certificate a Com-
missioner for the State of New York, to take the
proof and acknowledgment of deeds and other in-
struments to be used or recorded in this State, anel
t,o administer oaths and affirmations; and that such
Commissioner was, at the time aforesaid, duly au-
thorized to take the same; and that I have compared
the signature of the said Commissioner to the certi-
ficate subjoined to the annexed instrument with
the sig-nature of such Commissioner deposited in
this office, and have also compared the impression
of the spa] affixed to such certificate with the im-
pressiou of the seal of such Commissioner deposited
in this office, and I verily believe the signature and
impression of the seal to the said certificate to be
genuine.
Witness my hand and the seal of office of the
Secretary of State, at the City of Albany,
this twenty-seventh day of November,
one thousand eight hundred and seventy
five.
DIEDRICH IVTLLEltS, Jr.,
Secretary of State.
Recorded on The 30th day of Nov., lR75, at one
o'clock P.M., Libel' 219, page 62.
[T,.S.J
,.
DEED, Q. C.
James H. Lyles and Harriet I,'.,
his wife,
to
Henry H. Parker.
Dated 30th March, 1876. Recorded 29th April,
1876, Libel' 222, page R57.
34
Conveys:
" All that certain island lying and being in the
County of Suffolk and State of l'\ ew York, called
Fisher's Island, and the sevcral small islands con-
tignous thereto called" The Hammocks."
DEED TRTJST.
Henry II. Parker aud Elizabeth l~.,
his wife,
to
James II. Lyles.
Dated 3d Jnne, 1876, recorded 10th June, 1876,
Liber 221, page 426.
Conveys:
" All that certain island situate, lying and being
in the County of Suffolk ami State of New York,
called Fisher's Island, and the several small islands
contiguous thereto, called the IT ammoeks, with the
buildings thereon situated. In tmst, nevertheless,
and for the uses and purposes and with the pmwrs
following, that is to say: To hold said property and
pay over the rents, issues and profits thereof to the
use, maintenance and support of Fay 1<'ox an,l
Bessie Fox, minors, children and heirs-at-law of
Robert R. Fox, late of the County of Suffolk, de-
Ctmsed,until they, the said Fay Fox and Bessie l'-'ox,
shall have attaine,l the age of twenty-one
years, awl when they shall attain the said age
then to convey snch portion of said property
then remaining unsold to said Fay 11"'ox and
Bessie Fox as tenants in common. And if either
said Fay Fox or Bessie Fox shall ,lie before attain-
ing the age of twenty-one years, then to convey the
share of the oue so dying to such person or persons
whom she shall appoint by instrument in writing in
the nature of a last will and testament, but if either
said Fay or said Bessie shall die before attaining said
age, leaving no last will and testament and leaving
--
,
35
"
lawful issue her surviviug, then to convey to such
issue the share of sl",h property as would have been
his, her or their mother's had she reached the said
age. Awl if either said Fay Fox or Bessie Fox
shall die before attaining the age of twenty-one
years, leaving no lawful issue her surviving and
leaving no last will aud testament, then to convey
the whole of said property to the surviving sister on
her attaining the aforesaid age. Hut if both said
Fay and Bessie ]<'ox shall die before attaining the
age of twenty-one years, leaving no last will and
testament and leaving no issne them snrviving, to
COli I'ey all of said property then remaining unsoJd
to Eliza D. Fox, widow of Robert R. Fox, deceased,
or if said Eliz" D. Fox shonld not then be living to
convey said property to the children of the said
Eliza D. Fox by her first husband, Herman D.
Allen, as t,enants in common, per stirpes and not per
capita. And the said party of the second part is
hereby authorized and empowered to sell at his dis-
cretion at any time at private or public sale, and on
such terms as to him may seom fit, the whole or any
portion of said property or to mortgage or Jease the
whole or any portion thereof, and for that purpose
is hereby authorize,! and empowered to execute all
the necessary deeds of conveyance, mortgages or
leases, with full power to convey as though he were
vested with the title in fee simple to said property.
And in case said party of the second part shall sell
the whole 01' any portion of said property as afore-
said, he shall, after paying the necessary expenses
of such sale alll! paying off and ,1ischargillg any
lien which may be on said premises so sold, invest
the proceeds in such secnriUes as to him may seem
proper, and pay over the interest and income there-
of to the use, maintenance and support of said Fay
awl Bessie Fox until they shall have attained the
age 01' twenty-one years, and then to pay over to
them the principal sum thereof, equally share and
share alike. And if either said Fay or said Bessie
,-
3(;
Fox shall die before attaining the age of twenty-one
years, then to pay over the share of said personal
property which would have been hers to such per-
sou 01' persoi,s as she shall appoint to receive the
smne by any instrument in writing in the nature of a
last will and testament, but if either said Fay or said
Bessip shall (lie before attaining said age, leaving no
bst will and testament and leaving lawful issue her
surviving, then to pay over to such issue the share
of said property which would have been his, her's
or their mother's had she reached the said age.
And if either saiel Fay or said Bessie sh"ll die be-
fore attaining the age of twenty-one ye"rs, leaving
no last will at"l testament and leaving no lawful
issne her surviving', then to pay over the whole of
said property to the surviving sister on her attain-
ing the aforesaid age. But if both said l<'ay and
said Bessie Fox shall die before reaching the age of
twenty-one years, leaving no last "",ill and testament
ami leaving no lawful issue them surviving, then to
pay over the whole of said property to Eliza D.
Fox, widow of Robert R. Fox, deceased, or if said
Eliza D. Fox slJOuld not then be living to pay over
the saiel property and divide the same equally
among the children of the said Eliza D. Fox, by her
first husband, lIerman D. Allen, per 8tirpes and not
peT capita. Ami the said party of the second part is
hereby authorized to charge and pay to himself out
of the proceeds of any sales such reasonable com-
pensation for his labor and services in the care and
management of said trust property as to him may
seem proper, the same not to exceed the snm of five
per cent. on all sales made by him and on the final
conveyance of the property, a like percentage on the
estimated value of the property.
Said party of the second part is "Iso empowered
to employ snch superintendent, agents aud servants
as shall be necessary to the proper carrying on and
maintenance of the real property, and shoultl he as-
sume the position of actual superintendent himself,
"
,
37
,
residing upon said island, he shall be entitled to re-
ceive, in addition to the percentage above men-
tioned, the same compensation as he wonld have to
pay had he employed a third party to fill such
office, the pay of such superintendent, agents and
servants to be deducted by him from the rents,
issues ancl profits of said island, the income of the
proceeds of sales invested as above provided.
In witness whereof, the parties to these
presents, have hereunto set their hands
and seals the day and year first above
written.
HENRY H. PARKER, [r,. s.]
ELIZABE'l'H ]'. PARKEI~, [L. s.]
In the presence of
'rhe word "Die" 3d page, 24th
line, written over an erasure before
execution. FRANCIS B. ANTZ.
Said deed is endorsed: "See Libel' 253, p. 332;
Libel' 26:l, p. 7."
Libel' 263, p. 7, is hereinafter returned, being
agreement Lyles, Trustee, with Sage, dated Febru-
ary 2, 1882.
Libel' 253, page 332, contains the following re-
lease:
~
RELEASE.
De Witt C. Sage
to
James H. Lyles, Trustee under
an,l by virtue of a Trust Deed,
dated June :ld, 1876, made to him
by Henry H. Parker and recorded
in the office of the Clerk of the
County of Suffolk in Libel' 221 of
Deeds, page 426.
Dated 1st March, 1881. Recorded 15th March,
1881, Libel' 253, p. 3:l2.
38
Releases the said James H, Lyles, trustee as
aforesaid, his sn('ces~;;ors anel assigns, from the oper-
ation and effect of a certain agreement made between
me and said Lyles, trustee, bearing date the 22d day
of May, in the year 1877, so far as the same shall
cover amI effect the following ,lescribed property:
All that certain lot, piece or parcel of land situate,
lying and being npon Pisher's I~:;lana in the County
of Sulfolk amI State of New York, and bounded
and described as follo\vs: Beginning at a mare
stone on the crest of the hill set tirmly ill the ground
in the westel'ly sWe of said lot, with a drill hole on
its top surfaee marking the point, of departure from
said drill hole; a " base line" of eight huudred feet
in length bears by eOUrse of the magndic needle
north 851:0 ea"t, with a deflection to the left; from
sai,l base line of 720 10', aud by needle north IBio
east beal''; the light of the Noank Light Hou,;e; from
said drill hole, with a deflection to the left, from
said Noank Light House of 45020', and by COlli pass
north B20 west bears the light of the lIamltlock
Light llouse; from said drill hole, with a deflection
to the left fro!ll the Hammock Light of 74'~ 46/, and
by needle suuth 7B~" west bears "Race Rock
Light"; from said ,hill hole, an angle of gO' from
t.he said base line, ['uuning south 4.r east eight hUll-
,]rer! ,,,HIli fty-one feet, strikes a puiut on Isabella
Beadl at high water mark; thenee easterly by and
along Isabella Beach to a point on said beach eight
hundred feet, measllred on a line running at right
angles to the aforesaid line running south 41" east,
thence north 4! C west, aud in a co !U'se parallel to
thn eourse running' south 418 east fOlll' hundred and
fifty feet to a puint at the easterly termination of
sai,l base line of eight IIllJl(lred feet as above de-
scribed; thence ill the same direction of north 4!"
west produced ten hundred and thirty feet to a mare
stoue set firmly in the grounr!, marked by a drill
hole iu the centre of the top surface at the south
side of Oriental Avenue so-called; thence westerly
,
39
"
by and along the south side of Oriental Ayeuue so-
called eight hundred amI fourteen feet, amI by
cOlll'se of compass north 75! west to the northwest
corner of said lot, released said corner being one
hundred and eighteen feet distant from a drill hole
in a I'oek HHLl'king the southeast corner of tlw brick
yard lot so-called belonging to D. C. Sage, and
course by compass north 67!O west; thence from
said northwest corner on Oriental Ayenue sOlltherly
across the pond of water and parallel to the easterly
side of said lot; and by compass south 4io east
eight hundred and eighty-five feet to the drill hole
at the poiut of beginning, contaiuiug 20i acres.
y
2. DElm, Q. C.
James H. Lyles, trustee, &c.,
to
Florence M. Mmdock
Dated 26th Octoher, 1876. Recorded 24th Novem-
ber, 1876, Libel' 225, p. 340.
Conyeys:
"All that certain tract of land sitnated upon
Fisher's Island in the County of Snfl'olk and State
New York, which is bounded and described as fol-
lows: Commencing at a point in the centre of the
Serpentine Road leading to Little Hay Harbor,
which is dishmt twenty-fiye feet in an easterly direc-
t,ion from an iron bolt driyen into a rock am] dis-
tant twenty feet from another iron bolt driven into
another rock, said iron bolts being ,Jistant forty-one
feet from each other; and the said point of begin-
ning being now marked by a stake driven into the
ground at the centre of Desbrosses Street so-called.
and running thence sonth 470 east one hundred and
thirty feet; thence south J 30west five hundred and six
feet; thence south 25i" east two hundred and seven
feet; thence north 71i" east three hundred and sixty-
40
four feet; thence north 9.0 east one hundred and
sixty-four feet; theuce north 22io west two
hundred and fifty -two feet; thence north 50. de-
g-rees east fifty-nine feet; thence north 38t degrees
east fifty-nine feet; thence north 56. degrees east
one hundred and six feet; thence north 24't deg-rees
east twenty-one feet; thence sonth 74 degrees east
fifty-one feet; thence north 15i degrees east one
hundred and eight feet; thence north 74t degrees
west twenty feet; thence north 9 degrees east one
hundred and twenty-five feet; thence north 8Bt de-
grees west one hundred and sixty-eig-ht feet; thence
south 46Jt degrees west two hundred and seventy
feet; thence south 56i degrees west seventy-four
feet; thence south 76 degrees west two hundred and
eig-hty-six feet to a point on the easterly side of
said Desbrosses Street, and thence thirty feet to the
point or place of beginning-_
And the said party of the second part, for and in
consideration of the conveyance of the above men-
tioned and described lands and premises by these
presents, hath covenanted and agreed, and by these
presents doth for herself, her heirs aud assii,'llS,
owning or having at any future time any estate,
right, title or interest of, in and to the above de-
scribed lauds and premises, 01' any part thereof,
covenant and agree to and with the said party of the
first part, his successors and assig-ns, that there shall
not be erected or allow(j(l to be erected or carried on
on the lands and premises hereby conveyed, or any
part thereof, any slanghter-house, tallow chandlery,
any manufactory of g-unpowder, gille, varnish, vit-
riol, ink, petroleum or turpentine; any bone, oil or
fish-factory; any establishment for tanning, dress-
ing- or preparing- skins, hides or leather, or any
other trade, manufactory business, or employment,
or calling, which may be in anywiso dangerous,
noxious, offensive or disagreeable to the neighbor-
ing inhabitants; and that the covenants and agree-
-..,
~
41
,
ments herein contained on the part of the said party
of the second part, her heirs and assigns, shall run
with the land and shall be obligatory on every per-
son 01' persons, corporation 01' corporations; owning
the same. 01' having any estate, right, title or inter-
est therein, that wonld enable them or any of them
to violate any of the said covenants or agreements.
Provided, nevertheless, that no person or persons,
corporation or corporations, shall be in anywise
liable for any damages for a violation of the said
covenants and agreements, or any or either of them,
unless he, it or they shall at the time of such viola-
tion be the owners of, or in the possession or occu-
pancy of the said lands and premises hereby con-
veyed. or of some part thereof, whereon or by means
of which any such violation shall occur, or shall
willfully and personally, or by its, his or their ser-
vants or agents, violate the same or any of them.
RELEASE.
Joseph S. Fay, Eliza D. Fox,
Elizabeth A. Hood and Harriet
F. Lyles,
to
Florence M. Murdock.
Dated 26th Oct., 1876. Recorded Nov. 24th, 1876,
Libel' 225, p. 343.
-"
Releases the premises in deed, Libel' 225, p. 340,
and above returned, from four mortgages, all dated
the 30th of March, 1876, and made and executed by
James F. Lyles and Harriet ]'., his wife. The first
to Joseph S. Fay, the second to Eliza D. Fox, the
third to Elizabeth A. Hood and the fourth to Henry
H. Parker, who did thereafter by written instru-
ment duly assign the last mentioned indenture to
the said Harriet F. Lyles.
42
MORTGAGE.
James H. Lyles and Harriet F.,
his wife,
to
Joseph S. Fay.
Dated 30th March, 1876. Recorded 29th April,
1876, Liber 127, p. 368, to secure :B14,852.96.
Affects:
" All that certain islaud lying and being in the
Couutyof Suffolk and State of New York, called
Fisher's Island, and the several small islands con-
tiguous thereto called the Hammocks." Endorse-
ments as follows:
See Liber 228 of Deeds, pp. 315, 321, 32fl, 347;
Liber 229, pp. 197, 484; Liber 2B3, p. 567; Liller 2B8,
p. 389; Liber 263, p. 3; Liber 243, p. 60; Liber 225,
p.343.
~
MORTGAGE.
James H.' Lyles and Harriet "B'.,
his wife,
to
Eliza D. Fox.
Dated 30th March, 1876. Recorded 29th April,
1876, Liller 127, p. 370. To secure $51,902.95.
Affects:
Same premises described in last return.
Endorsements as follows:
See Liber 228 of Deeds, pp. 315, 321, 347; Liber
229, pp. 197, 484; Liber 233, pp. 567; Liber 2B8, p.
389; Liber 263, p. 3; Liber 243, p. 60; Liber 225,
p.343.
"
4il
MORTGAGE.
,
James H. Lyles and Harriet ~'.,
his wife,
to
Elizabeth A. Hood.
Dated 30th Mareh, 1876. Reeorded 29th April,
1876, Libel' 127, p. 371. To seeure $3,639.00.
Affeets :
Same premises as are affeeted by last two re-
turns.
Endorsements:
See Libel' 228 of Deeds, p. 347; Libel' 229, pp. 197,
484; Libel' 2ilil, p. 567; Libel' 238, p. 389; Libel' 253,
p. 541; Libel' 263, pp. 16, 3; Libel' 243, p. 60; Libel'
225, p. 34il.
"
MORTGAGE.
James H. Lyles and Harriet F.,
his wife,
to
!<'lorenee E. Murdoek.
Dated 80th Mareh, 1876. Reeorded 29th April,
1876, Libel' 127, p. il7il. To seeUl'e
Affects:
Same premises as the last three returned.
Endorsement:
Caneelled. See Libel' 129, p. 480.
MORTGAGE.
James H. Lyles
to
Helll'Y H. Parker.
Dated 30th Mareh, 1876. Reeorded 29th April,
1876, Libel' 127, p. il75.
44
Affects:
The same premises as the last returned.
Endorsements:
See Libel' 228 of Deeds, pp. 315, 321, 347; Libel'
229, pp. 197, 484; Libel' 233, p. 507; Libel' 238, p.
389; Libel' 263, p. 3; Libel' 228, p. 343; Libel' 243, p.
60; Libel' 225, p. 343.
Assigned to Harriett F . Lyles. See Libel' 129,
p. 427.
,
RELEASE.
Joseph S.l<'ay, Eliza D.l<'ox, Eliza-
beth A. Hood and Harriet F.Lyles
to
James H. Lyles, Trustee.
Dated 10th May, 1877. Recorded May 26th, 1R77,
Libel' 228, p. 315. '
Releases the following premises from four mort-
gages, all dated the BOth of March, 1876, and made
and executed by James H. Lyles and lIarriet F.,
his wife. The lil'st to Joseph S. Fay, the secon(1 to
Eliza D. Fox, the third to Elizabeth A. Hood and
the fourth to lIeury H. Parker, who did thereafter
by written instmment duly assign the last-men-
tioned indenture to the said Harriet P. Lyles.
" All that portion of the island known as Fisher's
Island. in said County of Suffolk and State of New
York, lying and embraced between the two follow-
ing (lescl'ibed lines as distinguished from the remain-
ing portions of the said island lying beyond
and outside of the said lines. The lirst of said
lines being the northeasterly boundary of the
premises hereby granted and released is described
as follows: Commencing on the easterly shore of said
island at a point marked by a drill hole iu a high
rock, which is distant eighty feet from another rock
near the bank and distant lifty-seven feet from
,
45
,
another large rock lying southerly therefrom, the
two rocks last mentioned being tlistant from each
other sixty-foul' feet antl lying together with the
first mentionetl rock about three hundred to five
hundred feet southerly from a stone fence 01' wall
wbich is laid down on the map 01' chart of said
Fisher's Island, and from said point of beginning,
mnning in a tlirection north, thirty-seven and three
quarter degrees (37'1") west oue thousalH} six hun-
dred aud fifty (1,650) feet to the edge of woods at
the sou therly side of the meadow belonging to tbe
white house, and thence continuing in the same
tlirection the further distance of one thousantl antl
Jifty (J ,050) feet through the woods to a point ou
the shore of the ,Vest Harbor. The second of
said Jines being the southwesterly boundaries of
the premises hereby granted antl released is de-
scribel} as follows: Commencing at a point on the
west bank of the fresh water ice pond at its inter-
section with the road leatling from the Durfey
Meadow to the Sonth Meadow, from which point
Montauk Light bears south twenty-fonr and one-
quarter degrees (24:1:) east; the new Race Poiut Light
bears south seventy-two and one-quarter degrees
(72t) west; the centre of the Unit~rl. States ,Vreck-
ing Station bears south eighty-one and three-
quarters degrees (81!) west, and the centre of the
gateway opening iuto Durfey Grass Meadow bears
north seventy and one-half degrees (70t) east;
and is sixteen huntlred and forty-two (1,642) feet
distant, and from said point of beginning, running
in a direetion north forty-eight and three-quarters
degrees (48i-O) west three tho",and three hundred
and seventeen (3,317) feet to a point at the eastern
ba~k of Silver Lake, which is marked by a peg or
stake di'iven into the gl'Ound, and is twenty-five (25)
feet distant from a loose roek lying northerly there-
from ant} twenty-one feet (21) and six (0) inches
horn tLllOther loose rock lying easterly therefl'Om,
the said liue being continued in each extremity in
~
46
the line of the same direction as aforesaid un til
it reaclleg the salt water upon the edge of the shore.
Saving and excepting and reserving, nevertheless, of
Ilorth of the said premises so ag aforesaid lying
between the two lines aforesaid, the main l)Uilding
now stauding upon the said premises and the tract
known as the D1lI'fey Grass Meadow, which tract
comprises about forty aud one-half acres (40t) and
is ,lescribed and bounded as follows: Commencing
at tlle gate at the south westerly corner of said
meadow near tlle Pump House at a point lying
sixteen hundred and forty-two (1,6421 feet ,listant
from tlle above described point of beginning of the
second or southwestel"ly line aforesaid, am] lying in
a direction north seventy and one-half degrees
(70r) therefrom, and from said point at said gate,
running first by and along the fence south thirty
am] three-q u",ters degrees (30r) east one hun-
dred and fifty-four (1M) feet; thence south eighty-
one and one-half degrees (81t") east by tide water
one thousand and forty-six (1,046) feet; tllence
north twenty and (me-quarter degrees (2010) east
two hundred and eighty-four (284) feet; thenee
north twenty-eight and one-half degrces (2f'tO) east
three hundred and forty-five feet (345) to the road;
thence along the road north sixty-one awl thl.co-
quarters degrees (lit !f) west two humlred and
twenty-eight (228) ftet; thence still along the road
north thirty-six and one-half degrees (36tO) west
one thousand one hundred and thirty-one (1,131)
feet; thence south tifty-six and (me-quarter degrees
(56 f) west four hundred and ninety-four (404)
feet; thence north thidy-four degrees (34) west
two hundred and seventeen (217) feet; thence north
seventy-eight and three-quarters degrees (78n west
three hundred and tifty (350) feet; thence south
seventy-nine and one-half degrees (70tO) west one
hundred (100) feet; thenee south sixteen degre,.s
(16") east nine hundrc,] and sevent,y-tive feet (975i,
and thence south thirty and three-quarters degrees
"
~
47
,
(30tO) east three hundred and seventy-five (370) feet
to the point of beginning, to the intent that the
portion of said premises so as aforesaic} saved, ex-
cepted and reserved shall still remain subjed to the
aforesai,} mOl'tgages as hel'etofore and shall not be
embraced in the premises herehy granted and re-
leased to the said party of the second pal'ty.
RELEASE.
Joseph S. Fay, Eliza D. Fox and
Elizabeth A. Hood and Harriet
F. Lyles.
to
,Tames H. Lyles, Tmstee.
Dated 11th May, 1877. Recol'ded 26th May, 1877,
Libel' 228, p. 321. .
~
Releases the following premises from three mort-
gages, all dated the 30th of March, 1876, made and
executed by James 1". Lyles and Harriet 1"., his
wife, the first to Joseph S. 1"ay, the second to
Eliza D Fox, and the third to Henry II. Parker,
who did by written instrument duly assign the last-
mentioned indenture to the aforesaid Harriet F.
Lyles:
"All that certain tract of land situate upon
Fisher's Island, in the County of Suffolk and State
of New York, whieh is bounded and described as
follows: Beginning at a point upon the sllore of
said island, upon the easterly side of the \Vest or
Great Harbor, which point is designated by a mark
upon a high rock at the termination of a feuce now
standing at high water mark upon the shore afore'
said, and thence running south thirty-foul' degrees
(340) east, and part of the way through a swamp,
one thousand five hundred and forty-eight (1,548)
feet to a rock on the northerly side of Eastern
Point Road, which rock lies four (4) feet distant in
48
a westerly direetion from another rock; thence north
forty-nine and (me-qnarter degrees (49otO) east uy
and along said Klstern Point Road, one thousalH]
three hundrel] and sixty (1,300) feet to a point
marked hy a stake driven into the grouud; thence
north fifty-six and one-quarter degrees (Mot") east
three hundred and forty (340) feet to a drill hole in
a low ]1,'rmanent rock; thence north thirty three
am] one-half (33-1") west, and in a direct line with
the direction of the light upon the North Hammock
from tI,e point bst mentioned, one thousand and
forty (1,040) feet to high water mark upon the said
easterly shore of said "Test or Great HarbOl'; and
thence in a general southwesterly uirection, follow-
ing the variations and curvatures of the said shore,
ahont one thollsanu eight hnndreu (1,800) feet to
the point or place or heginning, eontaining forty--
nine am] one-half (49~) acres more or less."
,
RBL1~AS.K
.Joseph S. :B'ay, Eliza D. Fox,
Elizabeth A. Hoou anu Harriet
F. Lyles
to
'[,homas R. Darrow and Harmon
'1'. Darrow.
Dated 20th Oct., ]870. Recorued 29th May, 1877,
Libel' 228, p. 347.
Releases the following premises from four mort-
g-ages, all dated the 30th of March, ]870, anu made
am] executed hy James II. Lyles and Harriet 1<'.,
his wife, the first unto .J oseph S. Fay, the seconu
lInto Eliza D. Fox, the third to Elizabeth A. Hoou,
the fomth unto Henry H. Parker, who did there-
after, by written instrnment, duly ""ign the last
mentioneL] imlenture to the saiu Harriet :B'. Lyles:
"All that certaiu tract of land situate upon
Fisher's Island, in the County of Suffolk and State
,
49
,
of N ew York, being upon the' Little nay Harbor'
upon said island, which tract is bounded and de-
scribed as fonows: Commencil)g at a point on the
northwesterly side of the premises hereby conveyed,
which point is distant twenty-five feet easterly from
an iron bolt imbedded in a large rock and fifteen
feet westerly from an iron bolt driven into a large
flat rock, am1 also one hundred and forty-three feet
from the shed room attached to the dwelling house
on the said pmmises, and being north 43 degrees
east two hundred and twenty-one feet from a stake
driven into the ground at high water mark, and run-
ning thence south 31! degrees west one hundred
and six feet to a stake; thence south 19t degrees
west two hundred and six feet to a stake; thence
south 71i degrees east two hundred and thirty feet
to a stake; thence sonth 74 degrees east two hun-
drcd and forty-two feet to a stake; thence north
53 (lcgrees east one hundred and fifty seven feet to
a stake; thence due north one hundred and twenty
feet to high water mark; thence by and along with
the shore to the northerly terminus of said first
conrse at said shore at high water mark; and thence
north forty-three degrees east two hundred and
twenty-one Jeet to the point of beginning."
3
DEED Q. C.
James H. Lyles, Trustee,
to
Thomas R. Darrow and Harmon
T. Darrow.
Dated 26th Oct., 1876. Recorded 29th May, 1877,
Libel' 228, p. 352.
Conveys same premises as described in last above
return~release.
Covenants 1 and 2 hereinafter returned.
00
R";LEASE.
.Joseph S, Fay, Eliza D. l<'ox,
Elizabeth A. Hood and Harriet
l<'. Lyles,
to
Frances Catharine Hedge.
Dated 26th Oct., 1876. Recorded 6th .July, 1877.
Libel' 229, p. ] 97.
Releases the following described premises from
four mortgages made and executed by .James H.
Lyles and Harriet, his wife, on the 30th of March,
1876, the first unto .Joseph S. l<'ay, the s"eond unto
Eliza D. Fox, the third to Elizabeth A. Hood, and
the fourth unto Henry H. Parker, who did there-
after, by written instrnment, duly assign the last
mentioned indenture to the said Harriet F. Lyles:
" All that certain tract of land situate npon ],'ish-
er's Island, in the County of Suffolk an,l State of
New York, being upon the' Great Harbor' upon
said island, which tract is more particularly de-
scribed as follows: Commencing at a point on a
large rock in an angle of the wall fence, which point
is distant fifty feet from an iron bolt driven into
a high boulder and thirty-eight feet from an iron
bolt driven into a smaller rock (said rocks being
sixty-four feet apart), and running thence south 48t
degrees east ninety feet to a stake; thence south 20!
degrees east one hundred f(~et to a stake; thence
south 17i degrees east one hundred and sixty-three
feet to a stake; thence south 12i degrees east one
hundred and forty-one feet to a stake; thence south
86i degrees east one hundred and three feet to a
stake; thence north 80i degrees "ast seventy-three
feet to a stake; thence north 51t degrees east thirty-
three feet to the sea wall at high water-mark; thence
by and along with the shore to the southwesterly
corner of the premises hereby conveyed at a wall
running from the water southeasterly up the bluff;
"'
,-
~
01
,
thenee by and wirh said wall sonth 75i degrees east
fifty-seven feet to a stake; thence south 35 degrees
east oue hundred and forty feet to a stake: an(l
tllenee south 29'tdegrees east one hundred and fifty.
nine feet to the ]Joint of beginning, the house on said
premises being known as the Brown House."
4.
DgED Q. C.
.J allles H. Lyles, Trustee,
to
Frances Catharine Hedge.
Dated 26th of October, 1876. Recorded 6th of
July, 1877, in Libel' 229, page 20l.
Conveys:
Same premises last above deseribed. Covenants 1
and 2 hereinafter returned.
DEED.
James H. Lyles, Trustee,
to
Frances Catharine Hedge.
Dated 1st of May, 1877. Recorded 6th of July,
1877, in Libel' 229, page 204.
Couveys ,-
" All that certain tract of land situate upon said
Fisher's Island, in said County of Suffolk and State
of New York, which is bounded and deseribed as
follows: All that eel'tain peninsula of land whieh
runs out into the 'Vest or Great Harbor and is sur-
rounded upon all sides by the water of said harbor,
excepting only where it is conneeted with the main
land of said islaml by a narrow strip of land, and
upon the sairl strip of land the premises hereby de-
seribed and eonveyed are bounded on the easterly
3.
52
side by a line running from water to water, as fol-
lows: Commencing at a point on the southerly shore
thereof on a hard ridge of land, which point is dis-
tant thirty-three (38)feet in an easterly direction
from a large rock and running thence due north
in a straight line along and upon said ridge two
hundred and thirty (230) feet to the northerly shore
thereof at a point distant eighty-one feet in a west-
erly direction from another large rock.
Covenants 1 and 2 hereinafter retnrned.
...
REu'ASK
Joseph S. Fay, Eliza D. ]'ox,
Elizabeth A. Hood and Harriet
D. Lyles,
to
Bathsheba E. Barlow.
Dated 28th of June, 1877. Recorded August 10th,
1877, in Liber 229, page 484.
Releases the following described premises from
fOllr mortgages made and executed by James H.
Lyles and Harriet F., hi;; wife, all dated the 30th of
March, 1876, tlif) fil'st unto ,Toseph S. Fay, the
second unto Eliza D. Fox, the third to Elizabeth
A. Hood, and the fourth unto Henry 11. Parker, who
did thereafter, by written instrument, duly assign
the last mentionecl indenture to the aforesaid
Harriet F. Lyles: "All that certain tmct, piece
or parcel of land sitnate upon 1<'isher's Island,
in the said County of Suffolk and State of New
York, which is (lescribed as follows, to wit: Begin-
ning on the easterly shore of the \Vest or Great
Harbor at a point about a mile southerly from
Clay Point and at the termination of a wall
now standing, which runs from the first of the
pomls hereinafter mentioned, to tlie shore of
said vVest Harbor, and from said point of be-
ginning at the termination of said wall run-
...
rm
,
ning in a northerly direction along the shore
aforesaid to a point where a line drawn paral-
lel to the said wall and distant two lmndl'ed
feet therefrom on the northeasterly side thereof
would intersect the line of said shore; thence in an
easterly direction along. said last mentioned line
.
parallel to said wall and clislanl two hnmlretl feet
northerly therefrom to the point where saiitlinc in-
tersects the shore of the pond aforesaid; thenee in a
southerly direction following the shore of said pond
to the easterly termination of said wall amI passing
the same and still following said shore to the point
where a second linc drawil parallel t.o the said wall
and dbtant one hundred and twenty-feet therefrom
on the southerly side thereof wonld int.ersect the
said shore; thence westerly along the last mentioned
line parallel to said wall and ,]ieltant one humlred
and twenty-feet northerly therefrom to the point
where saiel line intersects t.he shore of the \Vest
Harbor aforesaid; and thence northerly along the
said shore of \Vest Harbor to the said wall at the
point or place of beginning; t.ogether with all lands
lying under water or beyond high water mark to
the wcsterly of the above-describe,] premises and
lying between the two linl)s aforesaid ou a prolonga-
tion of the same for the distance of two llllndl'ed
feet each into t.he waters of said "'est Harbor, saving,
resel'ving and excepting, however, the road now
passing across the aforesaid pr81nises, whieh is to be
a.nd relnain a. public thoroughfare, anything herein
contained to the contrary notwithstanding,
6.
DEED, Q. C,
James H. Lyles, Trustee,
to
Bathsheba E, Barlow.
Dated 28th Jnne, 1877. Recorded 10th Aug_, 1877,
Libel' 229, p. 490.
54
Conveys the ,,"ne premises last above described.
Covenant 2 hereinafter retnrned and see covenant
annexed hereto.
Provid(~d, nevertheless, anything herein contained
to the contrary notwithstanding, and this convey-
anee is maele upon this express condition, that in
ease the ice busiw'ss, whiQh it is provided by written
agreement between said Ly Jes and said Bar]ow of
eren elate hemwith is to be carried on upon said
premises, shan be abandoned at any time before the
expiration of tile pedod in said agreement fixe,] and
provided then the said premises hereby granteel am]
each anel every part thereof shall forthwith revert
hack to and vest in saiel Lyles, his successors and
assigns, in fee.
Liber 229, p. 490.
"
7.
D]~ED.
James H. Lyles, 'frustee,
to
'William A. Fones.
Dateel 27th J Illy, 1877. Recorded 7th Sept., 1877,
Libel' 230, p. 122.
Conveys:
" An that certain lot, piece or parcel of ]an,] sitn-
ate, lying and being u]lon Fisher's Island, in the
Connty of Snffolk and State of New York, which is
bounr!ed and r!escrihed as follows: Reginning at the
southeasterly corner of the lot hereby conveyed,
being a point on the westerly side of the Eastel'l1
Point Road, distant (15) feet from the enu of the
wall sonth of the gateway across sair! road, and rnn-
ning thence south sixty-three degrees (63") west
one hllndrer! and forty-six (J46) feet to a point in
said wall at the so nth westerly corner of said lot;
thence north thirty-nine degt'ees thirty minutes
(390 30') west three hunelred and thirty (330) feet
55
,
to the easterly side of a street hereafter to be
straightened; thence along said easterly side of said
street north eighteen degrees thirty minutes
(1 W 80'), east two hundred and ninety (290) feet to
the southerly side of said Eastern Point Hoad, and
thence along the southerly side of sai,) Eastern
Point Hoad south twenty-seven degrees forty-llve
minutes (27 45 east five hnndred and twenty-four
(524) feet to the place of beginning, containing one
acre three roods and eighteen rods of land.
Covenants 1 and 2 hereinafter returned.
8. D,;ED, Q. C.
James H. Lyles, Trustee,
to
Charlotte Augnsta Allen.
Dated 22d May, 1877. Recorded 20th Sept., 1877,
Libel' 230, p. 257.
Conveys:
"All that certain tract of land situated upon
Fisher's Island, in the County of Suffolk and State
of New York, which is bounded and described
as follows: Beginning at a point on the easterly
side of the east shore road between the Mansion
HOllse and the Durfey Grass Mcadow, said road
being taken as forty (40) feet from the southernmost
gate post now standing, nnd rnnning thence along
the easterly Iiue of said road south thirty-six and one-
half (36~) dewee, east fonr hnnched amI s,wenteen
and one-half (417tHeet; thence north fifty-three and
one-half degrees (53t") east fonr hllndred and seven-
teen and one-half (417t) feet; thence north thirty-
six and one-half degrees (36tO) west foUl' hundred
and seventeen and one half (417J) feet, and thence
south fifty-three and one-half degrees (53tO) west
fOllr hundred and seventeen and one-half (417t) feet
to the point or place of beginning, containing
acres of land more or ]ess."
Covenants I and 2 hereinafter returned.
fiG
9.
D:ERD.
James H. Lyles, 'rl'llstee,
to
\Yilliam Henry Heiss.
Dated :>4th August, 1877. Recorded 20th Sep-
temher, 1877. in Liher 230, p. 264.
Conveys:
"All tllat certain tract, piece or parcel of land
situate, l,y lug ana heing on Fisher' s Island, in the
County of Suffolk a11<1 St,ate of New York, known
as Twin HilJ, ana bounded as follows, to wit: Be-
ginning a t a point on the eastm'ly Rirle of a l'Oa,l
laid out on said island, whieh point is distant twelve
(12) feot easterly fl'Otn the end of a wall terminatell
by a large gate throngh w hioh said road passes, and
rn nning: thpnee along said rnad south six awl OTI8-
half ,legre"s east (S. ot. E.) three hun,hea and sixty
(360) fed; thenee sonth sixty-eight degrees east (S.
68e E.) two hnndred amI seventy. two (272) fet.t;
the nee north six tlegrees east (N. 6' E.) fOllr hun-
dred ana t,,'enty-one (421) Jee! to said wall. and
them'e plong said wall north eighty.tluce degrees
west (N. 83' \Y.) three hnnared and fifty (350)
feet t.o the pla.ce of heginning. containing" t.wo acl'PS
and seventy-five one-hnndreths of an acre of land.
Covenants 1 and 2 heroinafter returned.
..
10. DElm.
,J ames H. Lyles, Trustee,
to
William Henry Heiss.
Datea 24th Angnst, 1877. Recorded 20th Sep-
tem her, 1877, in Libel' 230, p. 206.
Conveys:
"All that tmet or parcel of land situate, lying
57
,
and being on Fisher's Island, in the County of Suf-
folk and State of N e~ York, known as Mystic Hill,
and bounded and desb'ibed as follows: Beginning
on the shore at a large rock teu feet high and run-
ning thence along the shore north 30 minutes east
(N. 30' E.) one hnndred and fifty (150) feet to a
stone with a hole drilled in the top; thence north
seventy-nine degrees west (N. 79" 'V.) jive hundred
and thirty-five (585) feet; thenee south thirty-one
and a qnarter (legrees (S. 811" 'V.) two hundred and
two (202) feet; thence sonth fifty-four and a quarter
degrees east (S. 54-:1:0 E.) five hundred and eighty (580)
feet to the shore, and thence along the shore north
thirty-six degrees east (N. 86" E.) three huudred
feet to the point of beginning, containing four and
two-tenth (4l,,) acres of land.
Coven'1nts 1 and 2 hereinafter returned.
"'
DEED.
James H. Lyles, Trnstee,
to
'William Henry Heiss.
Dated 24th Augnst, 1877. Recorded 20th Septem-
ber, 1877, in Libel' 280, p. 269.
11.
~
Conveys:
" All that tract or parcel of land situate. lying
and being on Fisher's Island, and in the County of
Suffolk and State of New York, at .Meadow Hill,
and bounded and described as follows: Beginning
at the northwest comer of said premises at the in-
tersection of two ditches, and running thence along
a ditch south forty-nine degrees west (S. 49" W.)
three hundred and sixty (860) feet to the north-
easterly side of "Cir~nlar Drive" (or Crescent
A venne) as laid <lown on a map entitled" property
of Charles L. Richards, Henry L. Parker, James.M.
58
Meach, mapped and surveyed by E. B. Jennings,
City Survevor, New London, ] 877"; t1wnce the
northeasterly side of said "Circular Drive" (or
Crescent Avenue) south sixty-one degrees e;lst (S.
010 E.) two hundred and nineteen (219) feet to the
soutlleasterly side of the road leading to the wharf,
as laicl down on said map; theuce along the south-
easterly side of said road north fifty-one degrees
east (N. 510 E.) three hundred and nineteen (819)
feet to the shore of "Great Harbor"; thence along
the shore north seventeen and three-quarters de-
grees east (N. 17f' E.) seventy-five (75) feet to a
ditch; thelwe north sixty-fonr degrees west (N. (;40
'V.) along said lliteh two hnndred and thirty (280)
feet to the place of beginuing containing two aud
one-tenth (2i,,) acres of land. be the same more or
less.
Covenants 1 and 2 hereinafter returned.
,
,
12.
DEED.
,fames H. Lyles, 'frustee,
to
Charles L. Richards, Henry L.
Parker ami James M. MeeclL
Dated 24th Aug., ]877.
1877, Libel' 230, p. 549.
Conveys:
" All that tract or parcel of land situate, lying and
being in Fisher's Island, in the County of Sulfolk
and State of New York, which is shown au a map
thereof entitled 'Property of Charles L. Riehards,
Henry L. Parker and James M. Meech,' made by
E. B. Jennings awl intended to be filed in the office
of the Clerk of Suffolk County, is bounded and de-
scribed as follows: Beginning at a rock with drill
holes on the southwesterly shore of Great Harbor
and southerly of the road leading to the wharf as
Recorded 15th Oct.,
59
~
laid down npon said map, and running thence south
forty-seven and three-quarters degrees west (S. 471"
\V.) four huudred and thirty-oue (431) feet crossing
the' Circular Drive' or 'Crescent A venue,' as laid
down on sai,l map; thence north fifty-four and one-
half degrees west (N. Mi" W.) five hundred and
fifty (550) feet; thence north twenty-eight and three-
quarters degrees east (N. 281" E.) two humlred
(200) feet to the southwesterly side of said 'CirclL
Jar Drive'.or 'Crescent Avenue'; thence along said
southwesterly sid" of said 'Circular Drive' or
'CreRcent l~venue' south sixty-one degrees east
(S. (W E.) four hundred and eight (408) feet to a
point where the southeasterly side of said road lead-
ing to the wharf if extended southwesterly would
strike the same; thence aloug the southeasterly side
of said roatl leading to the w Imrf north fifty -one
degrees east (N. 510 E) three hundred and forty (340)
feet to the sOllthwesterly shore of said Great Harbor,
and thence along the shore of Great Harbor south-
easterly to the point of beginniug. Excepting
therefrom so much of the above deseribed premises
as is inelmled in said Circular Drive or Crescent
Avenue, as laid (lawn on said TIlap, containing four
aud three-quarter acresof land, be the same more or
less.
13.
-
DEED.
James H. Lyles, Trustee,
to
"i". L. and C. H. Gardner.
Dated 1st Oct., 1877. Recorded 24th Oct., 1877,
Libel' 231, p. 48.
Conveys;
" All that certain lot, tract or parcel of land situ-
ated and lying on Pisher's Island, in the County of
Suffolk and State of New York, bounded and de-
no
scribed as follows, viz.: Said lot lies between A venne
B on the north and Avenue C on the "outh, and ad-
joining Avenue A on the east, as marked ant and
delineated on the map made by D. A. Daboll, C. E.,
which map shows the location of said avennes and a
reference being ha,l thereto. Beginning at the
northeast corner of this tract at the intersection of
the south line of A venne B with the west line of
A venue A; thence south 13Jt west with the west line
of Avenue A two huudred and eighty-four (284) feet
to the north side of A venue C; thence south 83~ 0
west with the north side of said Avenue Cone Illm-
dred and forty-eight feet (14R); thence north 1:3*" east
parallel with the west line of Aveuue A three hun-
dred and twenty feet (320) to north side of Avenue
B; thence south 69~o east with the south line of said
Avenlle B one hundred and forty-Jive feet (145) to
the place of beginning, containing one llPl'e of land,
be the same more or less."
Covenants 1 and :J hereinafter returned.
,
14.
DEED.
J ames II. Lyles, 'rrustee,
to
James 'Valker, Lutina S. 'Valker
aud 'Villiam C.vValker.
Dated 17th Oct., ]877. Recorded Oct. 24th, 1877,
Liber 231, p. 51.
Conveys:
" All that certain tract, lot or parcel of land situ-
ate, lying and being on ~'isher's Tsland, and in the
County of Snfl'olk and State of New York, and
bOlmd"d anel describ"d as follow", viz.: Beginning
at the northwest corner of the tract or lot, sold to
F. L. and C. H. Gardner, on Avpnue B; thencp
south 13!O w"st thref! hundred and twenty feet (320)
to Avenue C; thence with the nortb line of Avenne
61
,
C north 83~o degrees west one hnndred and thirty-
one and one-half feet (131!); thence north 13:1:" cast
three hnndred and fifty-eight feet (358) to A venne
R; th()/lce with the south line of said avenue south
70" east one hundred and thirty-six feet (130)
to the place of beginning (the east and west lines
of this tract run parallel to each other), con-
taining one acre of land, be the saHIe more 01' less.
Also that certain lot, tract or parcel of land situated,
lying and being on Fisher's Island, in the County of
Suffolk and State of New York, and bounded and
described as follows, viz_: Beginning at the north-
west corner of the above-deseribed seetion on the
south side of Avenue B thenee south 13!t west
three hundred and fifty-eight feet (358) to the north
side of A venue C; thence with the north line of said
Avenue C north 83~o west one hundred and twenty-
one am] eight-tenth feet (121T',r!; thence north 13to
east (running parallel with the east line of this tract)
three hundred and eighty-five feet (385) to the south
line of Avenue B; thence with said south line of
A venne B south 70!" east one hundred and nineteen
and one-half feet (1191) to the place of beginning,
containing one acre of land, be the same more or leRs.
Covenants and hereinafter returned.
15.
AGREEMENT.
James H. Lyles, Trustee,
and
De Witt C. Sage.
Dated 22d May, 1877. Recorded Nov. 28th, 1877,
Libel' 231, p. 347.
1'his agreement, made and entered into this twenty-
second day of May, in the year eighteen hundred
and seventy-seven, by and between ,lames H. Lyles
of the City of Brooklyn in the State of New York,
H2
trim tee, under and by virtue of a trust deed dated
.J une :ld, 1870, marle to him by Henry II. Parker
and wife, ami re('c)l'(led in the office of the Clerk of
Suffolk County in Libel' 221 of Deeds, pag'e 420, and
De Witt C. Sage of the Town of Crom well in the
State of" Connectieut, witnesseth, that whereas saiel
Lyles, as snch tl'ustee, has by deec1 bearing' even
date herewith convt'.yed to said Sage cert.ain lands
and pl'cmi":'ies sitnate "pOll Fisher's Islatul, in ~mid
COllnty oj" Suffolk and Stale of New York; and
whereas, said cOllveyance has been made in view of
thp V~rmH of this agl'('pmt-~nt as hereinafter 8XJH'8ssed.
Now. therefore, in nonsiderution of the premises and
of tlH~ cO\.Tenants, promises and agreements herein
contained to be kept ana perJ"ormeel by the respective
parties hereto, H is hereby covenanted and agreed
betweeu the parties aforesaid as follows:
Tlw said Lyles as snch trustee Iwreby g'ives and
grants to the said Sage awl to his heirs, executors
awl adlllinistl'ators the pdYilege of digging' llJlOll
the lands now of said Lyh~s, trustee, and using 1:Hlch
clay, sand and wat,c'l' as fIlay he necessal'Y to enahle
said ::'hlge to ca!'ry on the manllfacturing of brieks
upon said Pishel" s Island, as herein a.greed, together
with tile right of way to pass to and from the day
pits, now open or widell shall hn opened by said
Sage, by and over snell l'(),H1R as said Sage may eon-
stl'uet theJ'(~fol', pro\ridpd, hownver, that saill Sage
shall not so construet 01' nsp Haid ela,y pits or roads
as to obstrlld trave] llpon the roacls which now arc
or hereaftel' may be used as public roads or thorough-
fares npon saiel island. Anel it is further agl'eed
that said Lyles, tmstee, will not interfere with an.y
clay pits whir:h shall be opened and used by said
Sage, or grant to any other person the right to use
or intel'fere with t,he same, or sell 01' otherwise dis-
pose of the land whereon such clay pits may be in
such manner as to prevent the enjoynwnt by said
Sage of his fll11 right uneler this agreement. And
it is also agreed that in case any of the day pits
,
(;3
,
opened or owned by said Sage shall at any time be
in a dangerous eondition, then the same shall be
properly fenced and enclosed by said Sage so effect-
ually to a void danger of injnry to p"rsons and to
cattle. AmI it is further agreell that said Sage shall
forthwith erect npon the premises so conveyed to
him as aforesaid sufficient machinery for the mann-
faeture of at least five million brick pel' auuum, and
shall proseeute thereon and therewith the bllsiness
of mannfacturing briek to the best of his ability,
and shall also pay to the said Lyles, as sueh trustee,
a royalty of ten (10) eents per tho [[sand uJlon all
briel, whieh shall be so manllfaeture,l, aUlI shall
furnish from time to time, and at all rl'asouable
titne, statements sho\ving the numlwl' of bricks so
manufadurecl, and that the amounts whieh shall te
payable for such royalties as aforesaid shall become
cllle am1 payable upon the first day of January in
each and every year. And it is further agreed that
this agreement and all the provisions hereof shall
enure to the benelit of and be bincling upon the
heirs, executors, aaministl'ators and assigns of said
Sage and the successors and assigns of said Lyles
as snch trustee.
DEED.
James H. Lyles, 'l'rustee,
to
DeWitt C. Sage.
Dated 22d May, 1877. Reeorded Nov. 28th, 1877,
Libel' 23], p. 349.
15.
. Conveys:
"All that certain tract of land situate llpon
Fisher's Island, in the County of Suffolk and State
of New York, whit'h is bounded and deseribed as
follows:
Beginning at a point on the shore of said island
64
npon the easterly side of the \Vest or Great Harbor,
whieh poiut is designated by a mark upon a high
rock at the termination of a fence now standing at
high water lnark upon the shore aforesaid, and
thence running sonth thirty-four degrees 0\4") cast
and part of the way throngh a swamp one thollsaml
jive Illllldl'ed and forty-eight, (1,548) feet to a rock
ou the northerly side of Eastern Point Road, which
rock lies four (4) feet distant in a westerly diredion
from auother rock; thence north forty-nine and
oue-quarter degrees (4D-f') east by and along said
Easte1'll Point Road one thousand thre" hunched
and sixty (I,BOO) feet to a poiut marked by a stake
driven into the gronn(l; thence north lifty-six and
one-quarter degrees (1;010) east three hundred and
forty (340( feet to a drill-hole in a low permanent
rock; theuce north thirty three and one-half de-
gree (B3~C) west aud in a direct line with the direc-
tion of the light upon the North Hammock from
the point last mentioned one thousand and forty
(1040) feet to high-water-mark, upon the said east-
erly shore of sai,l IV est or Great Harbor, aml thence
in a general so lIth westerly direction, following the
variations and curvatures of said shore, about one
thousand eight hundred (1,800) feet to the point or
place of beginning, containing forty-nine and one-
haH (49i) acres, more or less."
,
16.
DEED.
James H. Lyles, Trustee,
to
Edgar A. Smith.
Dated 1st Sept., ]877. Hecorded 11th Jan., 1878,
Libel' 232, p. 172.
Conveys;
" All that eertain tmet or parcel of Jand situateil,
lyiug and being upon Fisher's Island, in the County
65
,
of Suffolk and State of New York, and bonnded
and described as follows, to wit: Beginning at the
northwest corner of a lot of land sold Sholes
at a point on the sonth side of Crescent Avenue
(272) two hnndred and seventy-two feet westerly
from the west line of A venne A; thence sonth 16"
west three hnndred feet (HOO) to the north side of
Avenne B ; thence north 720 west with the north
side of Avenne B one hundred and eighty-foUl' feet
(184) ; thence north 16" east rnnning parallel with
the east line of this tract three hundred and seventy-
three and one-half feet (373t) to Crescent A venue;
thence south 50r east with the south side of Cres-
cent A venue two hundred (200) feet to the place of
beginning, containing one acre and (-Nu) of land be
the Rame more or less."
Covenants 1 and 2 hereinafter returned_
17. DEED.
James H. Lyles, Trustee,
to
Mary Ann Green.
Dated 1st Oct., 1877. Recorded Jan. 11th, 1878.
Libel' 232, p. 175.
Conveys:
" All that certain tract or parcel of laud situated,
lying and being on Fisher's Island, in the County
of Suffolk and State of New York, and described
and bounded as follows, viz.: Being at the north-
west corner of lot sold Edgar A. Smith on the
south side of Crescent Avenue; theuce south 160
west three hundred and seventy-three (373~) feet
to the nOl'th side of Avenue B; thence with
the north side of Avenue B north 77t degrees
west ninety-two and one-half (92i) feet; thence
north 16" east running parallel with the east line
of this tract four hnndred and fifteen (415) feet to
00
Crescent Avenue; thence with the sonth side of
said avenue south 50,,0 east one hundred feet (100)
to the pla.ce of beginning, containing eight hundred
aud thirty-seveu one-thousandths (H87 TIll,o of an
acre, be the sarrIe more or less."
Covenants 1 and 2 hereinafter returned.
"
18
DEED.
James H. Lyles, Trustee,
to
Harvey Chapmau.
Dated 1st Oct., 1877. Recorded ,Ian. 11th, 1878,
Libel' 282, p. 178.
Conveys:
"All that certain traet or pared of land situated
on Fishel" s Island, in the. County of Suffolk and
:'ltate of New York, and bounded and deseribed as
follows:
Beginning at the northwest eorner of alot of laud
sold Mrs. Mary Ann Green on the south side of
Creseent Avenue; thenee south 100 west foul' hun-
dred and fifteen feet (415) to the north side of Ave-
vue 13 ; thenee westerly with the north line of said
A venue 13 ninety feet mO); thenee north 1 Weast
(parallel with east line of this tl'aet) foul' hundred
amI fifty-five (455) to Crescent Aveuue ; theuce with
the south side of said avenue south 510 east one
hundred feet (100) to the plaee of beginning, con-
taining nine-tenths (-,'0) of an aere of lanel, be the
sanIe more or less."
Covenants 1 and 2 hereinafter returned.
-
DElm.
James H. Lyles, Trustee,
to
Augustus C. Markham.
Dated 12th Oetober, 1877. Reeorded February
7th, 1878, Libel' 282, p. 508.
19.
67
,
Conveys:
" All that certain lot, piece or parcel of land situ-
ate, lying and being upon Fishel" s Island, in the
County of Suffolk and State of New York, and
bounded and described as follows: Commencing at
a point in the centre of a rock marked by a drill
hole, said drill hole being at the southeast corner of
said lot and at the intersection of two contemplated
streets, said streets bounding said lots on three of
its sides, viz., northerly, southerly amI westerly,
said starting point or drill hole being 30 feet easterly
of tt stake driven into the ground and 40 feet north-
erly from a boulder near the surface of the ground;
thence north eighty-three degrees east one hundred
and ninety-four feet to its southeast cornel'; thence
uorth thirteen and a half degrees west two hundred
and thirty-three feet to its northeast cornel'; thence
sonth eighty degrees west one hundred and eighty-
nine feet to its northwest C01'Jler; thence south
twelve aud a quarter degrees east two huudre(l and
twenty-one feet to the point of departure, contain-
ing one acre of land."
Covenants 1 and 2 hereinafter returned.
20.
DEED.
James H. Lyles, Trustee,
to
Courtlandt J. Shepard.
Dated 1st October, 1877. Recorded 16th Febru-
ary, 1878, Libel' 232, p. 595.
Conveys:
" All that certain lot, tract or parcel of land situ-
ate, lying and being on Pisher's Island, County of
Suffolk and State of New York, amI bOlmded amI
described as follows, viz.: Beginning at the south-
east c01'ller at a point in the north line of A venue
68
B and the southwest corner of Harry Chapman's
lot; thence north 160 east by and with said Chap-
man's lines (235 ft.) twollllndred and thirty-five feet
to the southeast corner of Mrs. Julia E. Abee!'s lot;
thence north 64<lo west with said Mrs. .J ulia E.
Abee!'s lot one hundred and ninety-eight (108) feet
to its northwest comer; thence south 16" west and
parallel with the first-mentioned line (199) one hllll-
dred and ninety-nine feet to its intersection with
Avenue B ; thence south 50!" east and coinciding
with the north line of Avenne B one hundred and
nine (109) feet to an angle; thence sontheastedy and
in the line of the street (100) one hnndrell feet to the
point of departure. Said bonndary lines enclose one
acre."
Covenants 1 and 2 hereinafter returned.
"
21.
DEED.
James H. Lyles, Trnstee,
to
Elisha 'V. Sholes and Alonzo W.
Sholes.
Dated 13th August, 1877. Recorded I"ebruary
] uth, 1878, Libel' :)32, p. 598.
Conveys:
"All that certaiu tract, piece or parcel of land
situate. lying and being upon Fisher's Island, in the
County of Suffolk and State of N ew York, whir:h is
bounded aud described as follows: Commencing at
the southeasterly !'Orner of the premises hereby
conveyed at a point marked by a drill hole in a
larg'e, firm rock, and running thence north fourteen
and one-quarter degrees east two hundred aud forty
feet to a new road mnning by and along the bf'ach
at high water mark; thenco north fifty-three and
one-half degrees west two hundred and twmlt.y-
seven feet; thence south seventeen degrees west
69
,
three hnndred feet to a road newly laid ont, and
thence "onth sixty nine and three-qnarter degrees
east two hundred and twenty-seven feetto the place
of beginning, containing one and one~t.hird acres or
thereabouts."
Covenants 1 and 2 hereinafter returned.
22. DEED.
James H. Lyles, 'frnstee,
to
Daniel D. Latham.
Dated 12th October, 1877. Recorded Febrnary
16th, 1878, Libel' 233, p. 1.
Con veys :
"All that certain lot, piece or parcel of land
sitnate, lying and being upon I<'isher's Island, in
the County of Snffolk and State of N ew York, and
bounded and described as follows: Commencing at
a small rock on the shore visible at ordinary high
tide, said rock is in the sontheastern cornel' of said
lot, and is thirty-five feet from the nearest snrface
of " large and high rock easterly therefrom, and also
forty-two feet from the nearest surface of " still
larger rock lying on tho shore at high tido and
northwesterly from said point; thence uortheasterly
by and along the shore of the' 'Vestern Harbor,' so
called, one hnndred and seventy-two feet to the
northerly face of a high rock and sixteen and a half
foet from another rock in the same direetion still
further on; thence south thirty-eight and a half de-
groes west ninety-eight feet to a point eighteen feet
from a large rock lying northerly therefrom. This
comer of ninety-eight feet marks the eastorly side
of an open passage-way abont one rod wide leading
to the water; thence sonth eleven degrees west by
and along said road or passage-\yay two hundred
and ten feet to a mere stone; thence south thirty.
.
70
eight ana a half degrees east by and along saia
street OllP hundred and nineteen feet to a mere stone;
thence north thirty-one and tlll'ee (]llarter <legrees
east three hnndred feet to a rock, the point of de-
parture containing one and T\:nT acre of land."
Covenants 1 and 2 hereinafter returned.
"
23.
DEED.
.J ames H. Lyles, Trustee,
to
Horatio Bisbee, Jr.
Date,l 12th October, 1877. Recorded", pril 8th,
1878, Libel' 2BB, p, 564.
Conveys:
"All that certaiu lot, piece or parcel of laud
sitltate, lying and being upon Fisher's Island, in
the County of Suffolk and State of New York. and
bounde(l and described as follows, viz.: Beginning
at the n01'thwest corner of a lot sold to Dwight
Marcy at a stake by the side of a road; thence north
fifty-three degrees east with the north line of saia
Marcy's lot four hundred and twelve feet (412) to a
stake by the west side of a proposed road or avenne;
thence north sixteen and a half degrees west with the
west sitle of said roa,l or avenue one hundred and
fifteen and a half \115t) feet to the northeast corner
of this trael \a stake marked); thence south fifty-
three llegrees (rlllming parallel with said Marcy's
north line) four hundred (400) feet to a stake marked
off the east side of the aforesaid road; thence south
eleven and one-q [larter degrees east with the east
line of said roml one hundred ancl nineteen ancl a
half (119t) feet to the place of beginning, contain-
ing one acre, be the sanle more or less."
Covenants 1 ancl 2 hereinafter returned.
71
24.
-
DEED.
James H. Lyles, '1'rustee,
to
Bathsheba E. Barlow.
Dated 5th Mareh, 1878. Recorded April 8th, 1878,
Libel' 233, p. 571.
Couveys ;
" All those two eertain tracts or parcels of land
situate, lying and being on Fisher's Island, in the
County of Suffolk and State of New York, and
which are bouuded and described as follows, viz.;
'1'he first tract beginning at a point where the south-
erly boundary line of a tract of land described in
and conveyed by said party of the first part to said
party of the second part by deed dated June 28th,
1877, strikes the shore of the West Harbor, and
l'1lnning thence easterly along said sonth"rlybonnd-
ary lime to the shore of the pond named in said
deed; thence in a southerly direction along the shore
of said pond till it meets a line drawn parallel with
the first course and distant eighty feet sontherly
therefrom; thence westerly along said last-nwn-
tioned line and parallel with the first course to the
shore of \Vest Harbor, and thence northerly along
the shore of \Vest Harbor to the point of beginning,
the second tract beginning at a point where the
northerly bonndary line of the tract described in
and conveyed by said deed strikes the shore of \Vest
Harbor, and running thence easterly along said
northerly boundary line to the shore of said pond;
thence in a general northerly direction along the
shore of said pond till it meets a line drawn par-
allel with the first conrse and distant one hnn(lred
and jifty feet northerly therefrom; thence westerly
along said last-mentioned line and parallel with the
first course till it meets the shore of \Vest Harbor;
and thence southerly aloug the shore of \Vest Har-
bor to the point of beginning, together with all
,
,
72
land, lying under water or beyond high-water mark
to the westerly of the abovt'-described premises and
lying between the lines aforesaid on a prolongation
of the R:l!lH' for the distance of two hund1't'd feet
each into the water of said \V es t lbrbor, saving, re-
serving' :lnd excepting, however, the road now pass-
ing across the af01'8Saitl premises, which is to be awl
remain a public thoroughfare, anything herein con.
ta.inp<l to the contrar.y not\vithstal1f1ing, subject,
however, to the rights and control of the pcople of
the State of New York into and over the portion
thereof lying under water as aforesaid.
Covenant 2 hereinafter retnrned.
See also covenant contained in Libel' 229, p. 490,
heretofore ret1l1'llerl (attached.
"'
25.
DEED B. AND S.
James II. Lyles, Trustee,
to
Edgar A. Smith.
Dated 27th December, 1877. Recorded 9th May,
1R78, in Libel' 234, p. 344.
Conveys:
"\Yitnesseth, that whereas the said party of the
first part, hy deed date(l Septemher 1st, 1877, and
reoo]'(le(l in the office of tht' Clt'rk of Suffolk Connty,
in Libel' of Deeds, page , has heretofore con-
veyed 1Into the said party of the second part cer-
tain lanu anu premises sitnated on Fisher's Island,
in the C01lnty of Suffolk and State of New York,
which said lands aml premises front npon the beach
of said island; and whereas it is the desire of the
saill party of the second part to have the sole privi-
lege to nse and enjoy the portion of said beach
in front of the land so befm'e conveyed; nl)W, thert'-
fore, the said party of the iirst part. for and in con-
sideration of the snm of one dollar to him in hand
r
-
73
,
paid by the said party of the second part at or be-
fore the ensealing and delivery of these presents,
the reeeipt whereof is hereby acknowledged, and in
the farther consideration of the faithful perform-
ance of the covenants hereinafter contained on the
part of the said party of the second part, his heirs
and assigns, hath granted, bargained and sold, and
hy these presents doth grant, bargain, sell and con
firm unto the said party of the second part, his
heirs and assigns forever, that portion of the heach
of said Fisher's Island which lies between high-
water mark and the land lately conveyed to the said
party of the second part as aforesaid, and the pro.
longation of the side lines of said land being that
portion of said beach directly in front of said land,
together with the right to use and enjoy the said
portion of said beach and to erect thereon such tem-
porary structures as may he necessary for bathing
and boating purposes, but not to erect thereon any
permanent building nor to build any wharf other
than such as might be necessary for a pleasure boat,
and not othen\Tise."
See covenants contained in deed in Libel' 234, p.
350, hereinafter mturned.
l
DEED B. AND S.
James H. Lyles, Trustee,
to
Mrs. Mary Ann Greene.
Dated 27th December, 1877. Recorded 9th May,
1878, in Libel' 234, p. 347.
Conveys:
Witnesseth, that whereas the said party of the
first part, by deed dated October 1st, 1877, and re-
corded in the office of the Clerk of Suffolk County,
in Libel' of Deeds, page , has heretofore con-
veyed unto the said party of the second part. cer-
26.
74
tain land and premises situated on Fishel" s Islan,],
in the Connty of Su11'0lk and State of New York,
whieh sahllands and premises front upon the beaeh
of said island; and wl",reas it is the desire of the
said party of the seeoud part to have the sole privi-
lege to use and enjoy the pOl'tioll of said beaeh in
front of the land so before eonv('yed; now, there-
fore, the said party of tho Jirst part, for and
in eonsideration of the snm of one dollar to
him in hand paid by the said party of the se('oud
part at or before the en sealing and delivery of these
presents, the receipt whereof is hereby acknowlegpd,
and in the further consideration of the faithfull"'r-
formanee of the covenants hereinafter contained
on the part of the said party of the secon,l part, lwr
heirs and assigns, hath granted, bargained and sol,]
and by these presents doth grant, bargain, sell and
eontirm unto the said party of the seeom] part, her
heirs and assigns forever, that portion of the bea('h
of said Fisher's Island which lies between high-
water mark and the land latelyeonveye,] to said
party of the seeoud part as aforesa id, and the pro-
longation of the side lines of said land, being that
portion of sai,] beaeh direetly in front of said land,
together with the right to use amI enjoy the sairl
portion of said beaeh and to ereet thereon such
temporary struetures as Illay be necessary for bath-
ing and boating purposes, but not to erect thereon
any permanent building, nor to buil,] any wharf
other than sneh as might be necessary for a pleasllre
boat, and not otherwise.
See ('ovenants eontained in deed Libel' 234, p. 350,
hereinafter returned.
,
.
DEJm B & S.
J aIlles H. Lyles, 'I'1'ustee,
to
Harvey Chapman.
Dated 27th Dec_, 1877. Recorded 9th
Libel' 234, p. 350.
27.
,
May, 1878,
75
,
Conveys:
"'Vitnesseth, that whereas, the said party of the
first part, by deed dated Oetober 1st, 1877, and re-
eorded in the ofHee of (,he Clerk of Snffolk County,
in Libel' of Deeds, page , has heretofore eon-
veyed unto the said party of the seeond part eertain
lanel amI premises situated on Fisher's Island, in the
County of Suffolk and State of New York, whieh
said lands and premises front npon the berreh of said
island, and whereas, it is the desire of the said
party of the seeoml part to have the sole privilege to
use and enjoy the portion of saiel beach iu front of
the land so bfJiore eonveyed; now, therefore, the
said party of the first part, for and in consideration
of the sum of one dollar to him in hand pai(l by the
said party of the second part at or before the enseal-
ing and delivery of these presents, the reeeipt
whereof is hereby aeknowledged, and in the flU'ther
('onsidewtion of the faiednl performanee of the
eovenants hereinafter eontained on the part of the
said party of the second part, his heirs anel assigns,
hath granted, bargained and sold and by these
presents doth grant, bargain, sell and continl1 .unto
the said party of the second part, his heil's allll as-
signs forever, that portion of the beaeh of said
]<'isher's Islam 1 which lies between high-water
mark alllI the land lately eonveyed to the said party
of the seeond part as aforesaid, and the prolonga-
tion of the side Jines of saiel land, being that portion
of said beach clireetly in front of said land, together
with the right to use and enjoy the said portion of
said beaeh amI to erect thereon such temporary
struetnres as may be necessary for bathing and
boating purposes, but not to ereet thereon any per-
manent building nor to build any wharf other than
snch as might be necessary for a pleasure boat and
not otherwise, To have and to hold the said ease-
ment and privilege to the said party of the second
part, his heirs and assign8 forever, as an appurte-
nallee to the land of the said party of the second part
7G
so conveyed as aforesaid. And the said party of the
secOlHl part, for and in consideration of the convey-
ance of the above described easement and privilege,
hath covenanted and agreed and by thesc presents
doth for hirnl~elf, his heirs or assigns, covenant aHd
agree to and with the said party of the first ]Jart, his
successors or assigns, tha.t he wiH not nse and enjoy
the said right of way and pdvilegein a mannerto cre-
ate a nuisancc to the occupants of the adjoining
lands nor to permit the lalllling upon any wharf
lJUilt by him as hereinbefore provide,l of passengtJ/'s
from any steam vessel n pon which the same shall
be carried for gain dnring thc next eight years from
date hereof. And it is mntually agreed and nnder
stood between the parties to these presents that the
breach of any of the covenants herein contained on
the part of the said party of the second part, his
heirs or assigns, shall canse the forfeitnre of the
easement and privilege hereby conveyed."
,
28.
DEED B & S.
James H. Lyles, Trustee,
to
Thomas R. Darrow and Harmon 'I'. Darrow.
Dated 1st ],fay, 1877. Recorded Gth Jnne, 1878,
Liber 234, p. 569.
Conveys:
"All that certain tract of land situate n]Jon said
Fisher's Island, in said County of Suffolk and State
of New York, which is bouuded and descdbed as
follows: Commencing at a ]Joint at the southwest-
erly comer of premises heretofore conveyed by said
party of the first part to said party of the second
part, which corner is near the barn standing on said
11remises formerly conveyed, and running thenee
along the wall now standing south sixteen and one-
quarter degrees (ltW) west eighty-seven (87) feet;
77
,
thence ,till along said wall south two and one-half
degrees W!O) west one hundred and fifty-seven (157)
feet; thence still along ,aid wall south nineteen and
one-quarter degrees (191") west fifty-eight (5R) feet;
and thence north seventy-two and one-quarter de-
grees (72!') east five hundl'e(l and twenty (WO) feet
to the fence and bouudary of sahl premises formerly
conveyed to said parties of the second part, and
thence following the line of the last named premises
to the aforesaid point and place of beginning, con
taining one and six-tenths (1"0) acres of land, more
01' less.1'
Covenants 1 and 2 hereinafter retnrned.
29. DEED, B. & S.
James H. Lyles, Trustee,
to
Elish. W. Sholes and Alonzo
W. Sholes.
Dated 13th August, 1877. Recorded 10th June,
1878, Libel' 235, p. 1.
Conveys:
"That portion of the beach of said }<'isher's Island
which lies between high-water mark and the land
lately conveyed to said party of the second pmt as
aforesaid, and the prolongation of the side lines of
said land. being that portion of saill beach (lirectly
in front of said land, together with the right to .use
and enjoy the said portion of said beach, and to
erect thereon such tempomry structures as may be
necessary for bathing and boating purposes, but not
to erect thereon any permanent building nor to
build any wharf other than sueh as might be neces-
sary for a pleasure boat and not otherwise."
See covenants contained in deed, Lib. 234, p. 350,
heretofore returned.
78
30.
DEED.
James H. Lyles, 'frustee,
to
Mrs. J uIia E. Alleel.
Dated 1st Odober, 1877. Recorded 10th June,
1878, Libel' 235, p. 3.
"
C{)llvey.~ :
" All that certain lot, tract or pm'eel of laud situ-
ate, lying and btdng on Pisher's Isla.nfl, in the
Connty of SuJtolk and State of New York, and
bounded and described as follows, viz.: Beginning
at the nOl'thwest cOl'ller of a Jot sold to Harvey
Chapman and on the sonth side of CrE'scent Avenue;
thence south 16" west with saiel Chapman's line to a
point two hulltlred and twenty (220) feet from the
starting point; thence north G4'~" west anel parallel
with Crescent A venue on the front of saiellot one
humlred and nincty-eight (198) fcet to the southwest
comer of said lot; thence north 16" east and parallel
with the first mentione<l side two hundred and
twenty (220) feet to a point. at the intersedion with
the south line of Crescent A venue; thence south
(j4t" east and parallel with its opposite and south em
boundary line onp,hnndred and ninety-eight (IOH)
{('et to the point of departure and eoin('j(ling with
the south line of CreHcent Avenue. rrhe above
boundary lineH elldose one acre."
Covenants 1 and 2 hereinafter returned.
31.
DEED, B. & S.
James II. Lyles, 'frustee,
to
Mrs. Jnlia E. Abeel.
Date(] 1st February, 1878. Reeoreleel 10th June,
Hil8, Libel' 235, p. 5.
79
,
Conveys:
"'I'hat portion of the hench of snid Fisher's Island
which lies between high-water mark nnd the land
lntely conveyed to said party of the second pnrt
aforesaid, and the prolongation or the side lines of
said bnd, being that portion of said beach ,li rectly
in front of said land, together with the right to use
and enjoy the said pol'tion of said beach, and to
erect thereon such temporary structures as may be
necessary for bathing and boating pnrposes, but not
to erect thereon any permanent building, nor to
build any wharf other than snch as might be neces-
sary for a plensnre boat and uot otherwise."
See covenants contained in deeo, Lib. 284, p. 850,
heretofore returned.
32.
DEED B. and S.
James H. Lyles, Trnstee,
to
Courtlandt 1. Shepard.
Dated 1st of November, 1877. Recorded Jnne
10th, 1878, in Libel' 285, page 7.
Conveys:
" All that certain lot, tract or parcel of land situ-
ate aud lying ou Fisher's Island, in the County of
Suffolk and State or New York, aud bounded aud
described as follows, viz. : Beginning on the north-
west corner of a second lot sold and described
in a ,Ieed from the grantor to C. I. Shepnrd;
thence south 160 west with said Shepard's lot four
hundred and twenty (420) feet to the north sidn of
Avenue B; thence south 78!O west with said Avenue
B fifty-seven and one-half (57!) feet; thence north
3!0 east four hundred and forty-two (442) feet to the
south side of Crescent Avenne; thence south 72
east with the south side of said Crescent A venue
one hundred aud fifty (150) feet to the place of be-
80
ginning, containing one acre of land, be the same
more or less."
Covenants 1 and 2 hereinafter returned.
33.
Dl~ED.
James II. Lyles, Trllstee,
to
,
COlll'tlandt 1. Shepard.
Dated 1st of November, 1877. Recorded .June
10th, 1878, in Libel' 235, page 10.
Conveys:
"That portion of the beach of said ~'isher' s
Island, whieh lies between high-water mark and the
land lately conveyed to said party of the seeond
part. as aforesaid, and the prolongation of the
side lines of said land, heing that portion of
said beaeh directly ;n front of said land, to-
gether with the right to use and enjoy the said
portioIl of said l.>eaeh ami to ereet thereon snch
temporary strnctures as may be necessary for
bathillg and boating purposes, but not to ereet
thereon any permanent building nor to build any
wharf other than sneh as Blight be necessary for a
pleasllre boat and not otherwise."
See covenants contained in deed, Libel' 234, page
350, heretofore returned.
34.
DEED B. and S.
.J ames H. Lyles, 'l'rustee,
to
Chm-Ies L. Richards, James M.
Meech and Henry L. Parker.
Dated 4th of Nm-ember, 1878. Recorded 11th of
November, 1878, in Libel' 237, page 251.
8]
Con veys :
" All that certain island known as Goose Island,
situated in Great or \Vest Harbor of Fisher's
Island."
Covenan ts 1 and 2 hereinafter returned.
,
~
MORTGAGE.
James H. Lyles, Trustee,
to
Florence M. Murdock.
Dated 21st of May, 1877. Recorded October 15th,
1877, in Liber 133, page 3]3, to secnre $1,000.
Affects:
"All that certain island lying and being in the
County of Suffolk and State of New York, called
Fishel" s Island, and the several small islands eon.
tiguous thereto, called the Hommoeks or Hammocks,
saving, excepting and reserving nevertheless there-
out and therefrom, firstly, each and every part and
parcel and portion thereof which has been hereto.
fore conveyed by the sai,1 party of the first part, as
such tl'ustee as aforesaid, by absolnte deed in fee
simple to any person or persons whatsoever, and in
like mannel' saving, excepting and reserving there-
out and therefrom, secondly, the following described
premises, viz.: All that portion of said Pisher's
Is]alHI lyin)2; and embraced betwepn the two follow-
ing described lines as distinguished from the 1'8-
mainin)2; portions of the said island lying beyond
and (ll1tsirle of the said lines, the first of said lines,
being the northeasterly boundary of the said prem-
ises, is described as follows: Comnlencing at the
easterly shore of said island at a point marked by a
drill hole in a high rock which is distant eighty
feet from another rock near the bank and dis.
tant lifty.seven feet from another large rock
lying southerly therefrom, the two rocks last
mentioned being distant from each other sixty.four
R2
feet and lying together with the Jirst mentioned
roek abont three hundred to Jive hundred feet
southerly from a stone fenee or wall which is
laid down on the map or chart of said Fisher's
Island, and from said point of beginning running in
a direction north thirty-seven and three-quarter de-
grees (:n!r) west one thousand six hundred and fifty
(l,G50) feet to the edge of woods at the sontherly
side of the meadow belonging to the White lIouse,
awl thence continning in the same direction the
further distance of one thousand and Jifty (1,050)
feet through the woods to a point on the shore of
the \Vest Harbor; the second of said lines, being th"
southwesterly boundary of the said premis"s, is
described as follows: Commencing at a point on
the west bank of the fresh water ice pond at the
intersection with the road leading from the Durfey
Meadow to the South Meadow, from which point
Montauk Light bears south twenty-foul' and one-
quarter degrees (24F) east, the flew Hace Point
Light bears south seventy-two and one-quarter d,,-
grees (72~n west, the centre of the United States
\Yreeking Station bears south eighty-one and three-
quarter degrees (Slr) west, an(] the centre of the
gateway opening into Durfey Grass Meadow bears
north seventy and one-hall' degrees (70~C) east, and
is sixteen hundred and forty-two feet (1 ,G42) dis-
tant, and from said point, of beginning running in a
direction north forty-eight and three-quarter de-
grees (4Rr) west three thousand three hundret] and
seveuteen (B,B17) to a, point at the eastern bank of
Silver Lake, which is marked by a peg or stake
driven into the ground, and is twenty-five (25) feet
distant fl'Om a loose rock lying northerly therefrom,
ane] twenty-one (21) feet and six (G) inches from
another loose roek lying easterly therefrom, the said
lines being eontinned at each extremity in the line
of the same direction as afmesaid, until it reaches
the salt water npon the edge of the shore. And in
like manner saving- an(l exeepting and reserving
"
~
l
R3
,
thereout and therefrom, thirdly, the following de-
scribed premises, viz.: Beginning at a point upon
the shore of said island upon the easterly side of the
\Vest 01' Great Harbor, which point is designated by
a mark npon a high rock at the termination of a
fence now standing at high water mark upon the
shore aforesaid, and thence running sonth thirty-
foul' (lC'grees (B40) ea,St and part of the way throngh
a swamp one thonsand five hnndred "nd forty -eight
(l,MR) feet to a rock on the northerly side of E"st-
em Point Road, which rock lies fo1l1' (4) feet <listant
in " westerly direction from another rock; thence
north forty-nine and one-quarter <legrees (491") east
by and along said Eastern Point Road one thous"nd
three hundred amI sixty (1,360) feet to a point
m"rked by a stake driven into the ground; thence
north fifty-six and one-quarter degrees (5610) east
three hundred and forty (340) feet to " drill hole in
a low permanent rock; thence north thirty-three and
one-half degrees (B3tO) west ami in a direct line
with the direction of the light upon the North IImn-
mock from the point last mentioned one thousand
and forty (1,040) feet to a high water mark npon the
said easterly shore of said \Vest or Great Harbor;
and thence in a general southwesterly direction fol-
lo'.ving the variaHons and curvatures of the said
shore about one thousand eight hundred (1, HOD) feet
to the point or place of beginning, containing
forty-nine "IllI one-Imlf (49t) acres more or lcss.
But including, nevertheless, in the premises hereby
conveyed, anything hereinbefore contained to the
contrary notwithstanding, the main buildings now
standing upon the premises secondly hereinbefore
reserved and excepted; and also the tract known as
the Durfey Grass Meadow, comprising about forty
and one-half (40t) acres, (lescribed as follows: Be-
ginning at the gate at the southwesterly COl'Il0l' of
said meadow near the Pump Honse, at" point lying
sixteen hnndred and forty-two (1,642) feet distant
from the above-described point of beginning of the
84
second or so nth westerly line aforesaid, and lying in
a direction north seventy and one-hall' degrees (70f')
therefrom, and from said point of sahl gate running
first by and along the fence sonth thirty and three-
qnarters degrees (30~C) east one hnndred and fifty-
four (1M) feet; thence sonth eighty-one and one-
half (legrees (81]') east by tide water one thousand
and forty-six (1,040) feet; thence north twenty and
one-quarter (legrees (20iC) east two hundred and
pighty-folll' (284) feet; thence north twenty-eight
and one-half degrees (28]') east three huudred and
forty-five (84G) feet to the road; thence along the
road north sixty-one and three-quarter degrees
(61r) west two .hnndred and twenty-eight (22S)
feet; thence still along the road north thirty-
six and one-half degrees (:lot') west one thou-
sand one hundred and thirty-one (1,1:ll) feet;
thence south fifty six and one-quarter (le-
grees (56i') west four hundred awl ninety-
four feet; thence north thirty-foul' degrees
(34) west two hundred aud seventeeu (217)
feet; thence north seventy-eight and three-quar-
ter degrees (78'f) west three huudred and fifty
(350) feet; thence south seventy-nine and one-half
degrees (70i') west one hundred (lOO) feet; thenee
south sixteen degrees (10') east nine hundred and
seveuty-five (070) feet, and thence south thirty and
three-quarter degrees (30r) east three hunthEd awl
seventy-five (375) feet to the point of heginning, to
the intent that sai,l main buildings and said Durfey
Grass Meadow shall not be taken or deemed to he
in any way embraced or included in the portions of
said island saved, excepted and reserved as aforesaid
frolll the opemtion of this conveyance, hut that the
same shall pass hereby with like effect as if no snch
exceptions or reservations were contained herein.
Together with all and singular the tenements, here-
ditaments and appurtenances thereunto belonging
or in any \vise :1 ppertaining, and the revert.don and
reversions, remainder and remainders, rents, issues
,
H5
~
and profit, thereof. And all the estate, right, title
and interest, property possession, claim and demand
whatsoever as well in law as in equity of the said
party of the first part of, in or to tlw abm'e de-
scribed aud hereby granted premises, with the appur-
tenances, unto the said party of the second part
and to her h'jirs and assigns fOl'evf:.'r, to and for her
and their sole and separate use, benefit and behoof,
provided always, and these presents are upon the
express eondition, that if the said party of the fil'st
part or his successors sha]] well and truly payor
C'lllse to be paid unto the said party of the se('olll]
part, her execntors, administrators 01' assigns, the
jnst and full sum of one tho'lsHT"] dollars on or
before the first day of April, in the year one thou-
sand eight hundred and eighty-one, that then these
pl'esents and the estate hereby granted shall cease,
determine and be void. And provided that nothing
herein eontaine(l shall be construed as creating a
personal liability on the part of said party hereto
of the Jirst part, his heirs, executors or adminis-
tratol's, to pay the said snm of money herein men-
tioned or any part thereof, it being the intent of
thesc presents that the property hereby mortgager]
shaH alone be liable for the amount above named."
REL]~ASK
Joseph S. Fay, Eliza D. Fox, Eliz-
abeth A. Hood, Harriet F. Lyles
and Florence E. Murdock
to
John A. Bowen, George S. Towne,
Ashbel W. Fitch awl Robert H.
Sherman.
Dated 1st October, 1H78. Reeor(led Jany. BOth,
UnD, Libel' 238 of Deeds, p. BHH.
TVMases the premises hereinafter described from
four certain mortgages all dated March Bath, 1876,
86
made and exeeuted by James H. Lyles and Harriet
I,'., his wifo, the lirst to Joseph S. Fay, the seeond
to Eliza D. l<'ox, the third to Elizabeth A. Hood
alll! the fourth to Henry H. Parker, who did there-
after by written assignment duly assign the last
mentione,! Intleutnre to said Harriet 1<'. Lyles.
A Iso from ono other mOI'tgage dated the 21st May,
1877, made and exeeuted by .Tames H. Lyles, trus-
tee, &e., to 1,'lorence E. lIfurdoek.
All that certain lot, piece or p"rcel of land situate,
lying and being on Fisher's Island, in the County
o[ Suffolk and State of New York, being sitnated
on the east shore of Gre"t Harbor on said island
several hundred feet northerly of the iee hOllse and
bOllnded and deseribed as follows, namely: Begin-
ning at the northerly corner thereof at a point
indieated by a drill hole in a roek on the bank at
high water mark and sixty (00) feet southeasterly
from a large boulder left high and dry at low water
allll always projeeting above high water by three or
four feet; thenee at right angles with the be lid of
the shore alll! by the magnetic needle south 70'/;"
enst two hundred and nine (209) feet to a stake
driven int.o the ground; thence at right angles to
the last line and by compass south 131;' west two
hundred and nine feet to a stake driven into the
groHnd; thence at right allgles to the last line a.nd
parallel to the lirst line and by compass north 70'/;o
west two hundred am! nine (209) feet to a drill hole
in a small roek on the bank at high water mark;
thenee by and aloug the shore as it runs two hun-
dred anll nine (20D) feet lllore or less to the point or
place of beginning, said lot containing one aere, be
the same more or less, and b,'ing more fully shown
ana described on a map entitled, "Map of Messrs.
Bowen & Co., Norwieh," mapped and surveyed by
E. B. .fennings, City Surveyor, New London, 1878,
aud tiled in the office of the Clerk of Suffolk
County.
,
87
35.
DEED, B. & S.
James H. Lyles, Trustee, &c.,
to
,r ohu A. Boweu, George S. Towue,
Ashb81 'V. Fitch and Robert H.
Sherman.
Dated 19th October, 1878. Recorded Jany. 30th,
1879, Libel' 238, p. 394.
,
Conveys:
The premises described in the release last above
returned. Said deed contains the following cove-
nants and conditions: And it is hereby covenanted
and agreed by the parties of the secoml part, for
themselves, their heirs and assigns, and this convey-
ance is made upon the express condition that all
sueh feneing as shall be desired or required for the
proper enclosure of the premises hereby conveyed
shall be done by the parties of the second part, their
heirs or assigns, and no part of the expense thereof
shall be chargeable to or borne by said party of the
first part. And the saia parties of the secona part.
for ana in consideration of the conveyance of the
above mentionea and describea lanas amI premiAPs
made by these presents, have covenanted amI agreed
and by these presents do for themselves, their heirs
ana assignsl owning or having at any future time
any estate, right, title or interest of, in and to the
above described lamh and premises, or any part
thereof, covenant and agree to ana with the said
party of the first part, his suecessors and assigns, that
there shall not be erected or allmvpd to be el'pcted
or carriea on on the premises hereby conveyed, or
on any of the same, any brewery, distillery, slaugh-
ter house, or soap, candle, oil) stareh, varnish,
vitriol, glue, ink or turpentine fa ('tory, or any fac-
tory for tanning, dressing or preparing skins, hides
or leather, or any sugar, bakery or any other dan-
88
gerons, noxious 01' oil'ensive establishment 01' busi-
ness whatever, and that no part of the land hereby
convey cd shall be uscd 01' occupied f'or auy snch
purpose 01' purposes, and that the covenants and
agrepments herein contained on the part of the said
parties of t he second part, their heirs an,! assigns,
shall run with the land and shall be obligatory upon
every person and persons, corporation and cOl'pora-
tiOllR owning the same or having any estate, rigllt,
title oj' ml,']'est therein that would enable them or
any of them or either of' them to violate any of' the
said covenants and agreelnents.
,
36.
DEleD, Q. C.
James H. Lyles, rrrustee, &c.,
to
William A. Hedge.
Dated Oclober 1st, 1878. Recorded March 18th,
187U, Lihel' 239, p. 367.
Conveys:
All those certain lots, pieces or parcels of law!
s1tllate, Jying' and being on }'ishel"s Island, in tIle
County of SuJ1'olk and State of New York, and
whidl aTe kno\\'n and described as lots number one
(1), two (2) and three (3) of' Seetion six (6), upon a 8er-
tainlllap entit]pd "Map of Lots on Fisher's Island,"
embracing the highlan(l range between the Great
Harbor and tl", Atlantic shore, filed in the office of
the clerk of tlle said Connty of Suffolk on the 23d
day of September, 1878, and numbered 339 in said
office.
Contains covenants nnmbered 1 and 2 in deed,
recorded in Libel' 288, p. 8U4, above retllmed.
89
,
DEED, Q. C.
.Tames H. Lyles, Trustee, &c.,
to
Martha E. Hoffart.
Dated 18th August, 1877. Hecorded April 8d,
1879, Liher 289, p. 591.
Conveys:
All that certain tract, piece or parcel of lanel situ-
ate, lying and being upon Fisher's Island, in the
Connty of Suffolk and State of New York, which is
honnded and described as follows: Commencing at
a point in the stone wall upon the northeasterly sid,)
of the premises hereby conveyed, which point is
marked by a drill hole in a large rock in said wall,
and distant fifty feet and thirty-eight feet respectively
from drill holes in two other rocks, which last men-
tioned rocks are sixty-fonr feet apart from one
another, an,l running thence north thirty-three de-
gl'()(>s west one hundred and fonr feet; thenee south
tifty and one-half degrees west one hnndred and
eighty-Olw and one-half feet; thence sonth thirty-
seven awl one-qnarter degrees east two hundred amI
forty-one feet; thence north tifty and one-half de-
grees east one hundred and eighty-one and one-half
feet to the stone wall aforesaid, and thence north
forty-fonr degrees west one hnndre,l and thirty-six
feet along the sallle to the place of beginning, con-
taining one acre or thereab'.:'ut.s.
Covenants 1 and 2 above returned.
37.
DEED, Q. C.
James H. Lyles, 'frustee, &c.,
to
Martha E. Hoffart.
Dated 12th October, 1877. Recorded 8d April,
1879, Libel' 289, p. 594.
38.
l
i
90
Conveys:
All that certain lot, piece or parcel of land sitn-
ate, lying and being upon Pisher's Islaml, in the
County of Suffolk and State of New York, hounded
aud aescribed as fo]]ows: Commencing at its north-
east corner at a mere stone in the southeast "orner
of the one acre lot recently sold to the said Hoffart;
thence southwesterly in the direction of the pro-
longation of the easterly si,le of the said one acre
lot aml by course of com paRS south fifty and one-
half degrees west three hundred and twenty-foul'
feet to its southeastern corner to a point on the
northe1'ly side of a contemplated road or street, said
point being 41 feet from the mere stone marking the
northwestern cornel' of Thomas Allen's land alHl
the northeastern comer of Mr. Marcy's lana at
their intersection or conjunction, a line connecting
the mere stone with the southeast corner of the lot
being described is hy course of compass south 36t
degrees west and hy the vernier 14 degrees 10 mil!-
utes; thence north thirty-six an,l a half degrees
west two hundred and forty-one feet to its sonth-
west corner; thence nOl"lh fifty and a half degrees
east and in a line parallel to the first describe,l line
three hnndrea and twenty-follr feet to its northwest
eornel' awl intel'secting- other lands of tlw Raid Hof-
fart; thence south thirty-seven and a quarter de.
grees east two hundred and fotty-one feet to the
starting point, containing two aeres of land.
Covenants 1 and 2 above referred.
..
39.
DEleo Q. C.
.fames H. Lyles, Trustee, &c.,
to
Harriet A. Lyles.
Dated 10th April, 1879. Recorded 12th April,
1879, in Libel' 240, p. 107.
91
,
Conveys :
All that certain lot, piece 01' parcel of land sit-
uate, lying and being ou Fishel" s Island, in the
County of Suffolk and State of New York, and
which is situated and lies between Oriental lLnd Cres-
eent Avennes lLnd Equestrian Avenue and Athol
Cresceut eontaining three (S) acres, be the same
more 01' less, and which is known and described on
a certain mal' entitled" Map of lots on Fisher's
Island, embraeing the Highland Range between the
Great Harbor and the Atlantic Shore," filed in the
office of the Clerk of said Connty of Snffolk, on
the twenty-third day of September, eighteen hun-
dred and seventy-eight, and numbered three hnn-
dred and thirty-nine (Sa9) in said office.
Covenants 1 and 2 above referred to.
40. DEEn Q. C.
James H. Lyles, Trustee, &c.,
to
Fannie B. Chipman.
Dated 10th April, 1879. Recorded 12th April,
1879, in Libel' 240, p. 109.
Conveys:
All those certain lots, pieces 01' parcels of land
sitnate, lying and being on Fisher's Island, in the
County of Snffolk and State of New York, and
which are known and described as lots numbers five
(5) and six (6) of section fourteen (14; upon a cer-
tain map entitled "Map of lots on Fisher's Island,
embracing the Highland Range between Great Har-
bor and the Atlantic Shore," filed in the office of
the Clerk of the said County of Suffolk, on the
twenty-third day of September, eighteen hundred
and seventy-eight, and numbered three hundred
aud thirty-nine (:J:39) in said office.
Covenants 1 and 2 above referred to.
92
41.
DE>JD Q. C.
James H. Lyles, Trustee, &c.,
to
Maria D. Fay.
Dated 26th October, 1876. Recorded 23d Septem-
ber, 1879, in Liber 243, p. 56.
,
Cunveys:
All that certain tract of land situate upon Fish-
ers's Islaud, in the County of Suffolk and State of
New York, which is bonnded and described as fol
lows: Comnwncing at a point in the centre of the
Serpentine !toad leading to Little Hay Harbor, which
is distant twenty-Ih-e feet in an easterly direction
from an iron bolt driven into a rock and distant 20
feet from another iron bolt driven into another rock,
said iron bolt, being distant forty-one feet from
each other, and the said point of beginning being
now marked by a stake driven into the groum] at
the centre of lJesbrosses Street so called; and run-
ning thence north 14f degrees west five hundred and
fifteen feet; theuce south 61 degrees west two hun-
dred and forty-seven feet to a point in the blulI and
two lll1ndred feet further in the same direction to
the shore of Little lIay Harbor; thence by aud
along with said shor" to a point in the south wall
at the contact of the same with the water; thence
by and along with the said wall south 75t degrees
east three llllndred and eighty-eight feet; theuce
north thirteen degl'ees east five hundred and six
feet; thence north 47 degrees west one hundred and
thirty feet to a stake in the easteru sille of said
Desbrosses Stl'eet at a point distant twenty-six feet
from the bolt in the 1I10re southerly rock and fifty-
five feet from the holt of the more westerly rock
hereinbefore mentioned; and thence thirty feet to
the aforesaid point or place of beginuing.
Covenants 1 and 2 above referred to.
U3
,
REJ,EASE.
Joseph S. Fay, Eliza D. Fox, Eliza-
beth A. Hood, Harriet F. Lyles,
to
Maria D. Fay.
Dated 26th October, 1876. Recorded 23d Septem-
ber. 1879, Liber 243, p. 60.
Releases premises described in Deed, Libel' 24;;,
p. 50, from foul" mortgages, all dated 30th March,
1870, and made and executed hy James H. Ly]es
and Harriett F., his wife, the first to .Joseph S.
l<'ay, the seconel to Eliza D. Icox, the third to "gliza-
beth A. Hood, and the fourth to Henry II. Parker,
who did thereafter, by written assignment, duly
assign the last mentioned indenture to the said
Harriet F. Lyles.
42.
DEED Q. C.
.James H. Lyles, 'frustee, &c.,
to
.James S. Casey and John Reyno]ds.
Dated 12th October, 1877. Recorded 25th Sep-
tember, 1879, Liber 243, p. 126.
Conveys:
All that cCl'tain lot, piece or parcel of land situ-
ate, lying and being ul)on Fishel" s Island, in the
County of Suffolk and State of New York, and
bounded and descrihed as follows: Commencing at
its southwest coruer at a point which marks the
southeast corner of "Twin Hill Lot,," sold to Co!.
\V. H. IIeiss, thence with the prolongation of the
southerly line of the sai,l 'I'win Hill Lot aud hy the
same (Jourse of the needle, viz., south sixty-eight
(legrees east one hun([red and two fect to a stake or
IIlere stone; thence north sixty-eight aud a half
94
degrees east eighty-three feet to a mere stone; thence
easterly amI parallel with the easterly side of said
Twin Hill Lot and by course of compass uorth six
degTees east three hundred awl sixty-foul' feet to a
point in the sotlth line of a coutemplated street run-
ning nearly at right angles with the line now de-
scribed; thence northerly along the southerly line of
sai,] contemplated street ancI by cotll'se of compass
north eighty-three degrees west one hnndred and
seventy-three feet to the easterly line of the Twin
Hill Lot; thence by anti along the easterly line of
the 'j\dn Hill Lot and parallel to the easterly line
of the lot now beinl': described and by course of
compass Routtl six degrees west three hundred and
eig'hty-one feet to the starting point, containing one
alHllifty-folu' one-hundredths (l}(f'\r) of an acre of
land.
Covenants 1 and 2 above referred to.
,
43.
DEED Q. C.
James H. Lyles, 'frustee, &c.,
to
George H. Bartlett.
Dated 25th September, 1878. Recorded 28th
I"ebruary, 1880, Libel' 246, p. BI8.
Conveys:
All that certain jot, piece or parcel of land situate,
lying and being on ~'isher's Island, in the County of
Snffolk and State of New York, and bounded and
described as follows, viz.: Commencing at a stake
01' point on the shore at high-water mark at the
northwest cornel' of the lot, said stake 01' point
being one hundred and three feet southerly from a
large rock, the apex of which marks the south-
western cornel' of lot in possession of Engene
Leahey"; thence south fifteen and a half (15r)
degrees east one hundred and thirty-five feet to a
95
,
stake in the west line of Equestrian A venue and
two hundred amI seventeen and a half (217j) feet
southerly from the southeast corner of said Lealwys,
lot; thence by and along the westerly line of
Eqnestrian A venne and by conrse of "ompass
south sixty-one (61) deg'rees west one hum Ired amI
fifty-six feet to its southeast corner at a stake;
thence north lifteen and a half (15~~) dpgrees wpst
one hundred and eighty feet to a stake in the bluff
or bank of Little Hay Harbor; thence by and along
the shore northerly oue hundred and tif'ty-six fpet
to the starting point, containing lG"IO~ of an acre,
more or less.
Covenants 1 and 2 above referred to.
DEED Q. C.
James H. Lyles, Tmstee, &c,
to
George II. Bartlett.
Dated 5th July, 1879. Recorded 28th Feby.,
1880, Libel' 246, p. 322.
Couveys :
All that certain lot, piece or parcel of land
lying and beiug upon Fisher's Island, in the Couuty
of Suffolk and State of New York, bounded aud
described as follows, viz.: Commen"ing at the
fenee in the southwest eorner of the parcel of land
situate upon Equestrian A vpnue as sold amI eon-
veyed to the said George II. Bartlett under dee!l
dated September twenty-Jifth, eighteen hnmlred
and seventy eight; thenee in a southwesterly direc-
tion along said avenue six hundred and fifty-six
feet on a line eighteen feet from the centre of Equps-
tl'ian Avenue as now built to a mere stone, same
forming the sonthwest corner of this lot; thence
north sixty degrees west two hundred and seventy-
seven feet to a mere stone, on the shore of Little
44.
96
Hay Harbor; thence following the shore of Little
Hay Harbor to the westerly cornel' of the lot here-
tofore conveyed to said George H. Bartlett, con-
taining eight acres ()f land, be tlH~ same more or less.
Covenants and above refel'l'ed to.
,
45. DEED (~. C.
James H. Lyles, Trnstee, &c.,
to
George \V. Darrow.
Dated 29th May, 1880. Recorded 5th .Juue, 1H80,
Liber 248, p. 295.
Uonveys:
All that piece. parcel ana tract of land situated
on Fisher's Island in the County of Snffolk and
State of New, York, bounded and described as
follows: Beginning at a point formed by the in-
tersection of the wall fences, at the south\vest
cornel' of Thomas R.llarrow's land; running thence
alon~ r-mid Dal'row's land north 7'2i degrees east 402
feet; thence along a lanp, south 23 degrees east
Jfi2 fed; thence south 72! degrees W(~st mjB feet;
tlwnee north 54 aegrees west 74 feet to a wall; thence
along said wall north 30 ,legrees east lr;o feet to
the point 01' place of beginning, said tract being-
known a.s meadow land, and containing two acres
more or less. And also all that certain piece,
parcel and tmet of Ian,l sitnated on said Fisher's
Island bounded and described as follows, viz. : Be-
ginning at a point formed by the intersection 01 the
wall fences at the sonthwest corner of Thomas
R. DalTow's land; running thence north 9t degrees
east 310 feet to a barn way; thence north 19t degrees
east ID7 feet to a stake driven into the ground;
thence north 15t degrees west 267 feet; thence south
42.1; degrees west 5ill feet to an angle; thence south
17t degrees east 420 feet to an angle; thence south
97
,
54 degrees east 135 feet to a wall; thence along said
wall north 30 degrees east 150 feet to the point or
place of beginning, said tract being known as pas-
ture land and containing four and six-tenths acres,
more or less; and also all that certain piece, parcel
and tract of land situate on said Fisher's Island
bounde(] and described as follows: Commencing at
its southeast corner at an angle in the westerly side
of said T. R. Darrow's land and running northeast-
erly by sai,] wall of said Darrow 106 feet to an
angle and by course of compass N. 32tO east; thence
north 43" east by and along said wall 221 feet to a
rock or high-water mark; thence by the water
northerly 50 feet; thence south 75t" west 284 feet to
its north corner; thence south 15.& 0 east by and along
before described land 267 feet to point of beginning,
containing one and one-tenth acres."
Covenants 1 and 2 above referred to.
46. DBED Q. C.
James H. Lyles, Trustee, &c.,
to
Dwight Marcy and E. Stevens
Henry.
Dated 12th of October, 1877. Recorded 10th or
July, 1880, Libel' 249, p. 40.
Conveys:
" All that certain lot, piece or parcel or land sit-
ate, lying and being upon Fisher's Island, in 1.he
County or Suffolk and State of New York, and
bounded and described as follows: Commencing at
its southeast corner at a mere stone in the
southwest corner of a lot of land recently sold to
Charlotte Angusta Allen and on the northerly side
of a street or highway leading to the south shore
and also to Eastern Point; thence at right angles to
the north line of the street by and along the west-
9H
erly side and contiguous to the lot of the said Char-
lotte Augusta Allen and by course of compass north
fifty-three and a half degrees east four hundred and
seventeen feet and five inches to a mere stone mark-
ing the northwest corner of said Charlotte Augusta
Allen's lot; thence at right angles to the lines de-
scribed and by course of compass north thirty-six
and a half degrees west by and along the southorly
side of contemplated street t,wo hundred an,] ten
feet to a stake; thence at right angles to said line
and by conrse of compass south fifty-three and a
half degrees west and parallel to the opposite line
above described four hundred and ten feet to the
northerly line of said road to Eastern Point; thence
easterly by and along the line of said streot, two
hundred and ten feet to a mere stone, being the
point of beginning, containing t\VO acres of land."
Covenants 1 and 2 above refe1'l'ed to.
...
-
47.
DEED Q. C.
James H. Lyles, 'l'rustee, &c.,
to
Emma G. Barlow.
Dated 14th of Augnst, 18HO. Recorded October
6th, 1880, in Libel' 250, page 422.
Conveys:
" All that certain lot, piece, parcel or tract of land
with the buildings thereon situate, lying and breing
on Pisher's Island, County of Suffolk aml State of
NevI" .York, bOllndo(l awl described as follows, viz. :
lleginning at a 1ne1'e stone at the northwest corner
of the premises heroby oonveye(] near the cove,
and running thence southwesterly along and by
the cove and south thirty-three and one-Iwlf
degrees west one humhed and seventy feet to a
point; thence 'sonth thirt,y-six and (me-half degrees
east eig]] ty feet to a point in a pond of water; thence
99
,
north fifty-eight and one-half degrees east one hun-
dred and fifty feet to a point; thence north thirty-
five and one-half degrees west one hundred and
fifty-six feet to the point 01' place of beginning.
The said parcel containing .No'" of an acre more or
less."
Covenants 1 and '2 above referred to.
AGREEMENT.
James H. Lyles, Trustee, &c.,
with
George H. Bartlett.
Dated 10th Sept., 1880. Recorded 8th Oct., 1880,
Libel' 250, p. 507.
Witnesseth: .Whereas, the party of the first
part, by a certain deed, bearing even date here-
with, has sold and conveyed to the party of the
second part certain premises therein desCl'ibed, to-
gether with one hundred feet of the sand and gravel
breakwater lying next adjacent to the northeast ex-
tremity of the said premises; and whereas, it was
understood an,] agreed by and between the parties
thereto and as a part of the consideration for said
conveyance that the remainder of said breakwater
(not conveyed by said deed) extending in a north-
easterly direction and forming the north westerly
edge or side of "Little Hay Harbor," shoulr] be
held and enjoyed by the parties hereto as tenants in
common, each of one undivided half-part thereof
and should be kept aud maintained in its present
condition, and without buildings, sheds, fences or
erections of any kind whatsoever; now, therefore,
in consi,]eration of the premises and the sum of one
dollar to the party of the first part in hand paid by
the party of the second part, the party of the first
part has bargained and sold and conveyed, and by
these presents does bargain, sell and convey to the
48.
100
party of the second part one undivided half-part of
the above dcscribcd premises, to have and to hold
the same to the said party of the second part, his
heirs and assigns forever. And it is further cove-
nanted and agreed by and between the parties
hereto, their successors, heirs or assigns. that they
will not impair said breakwater in any manner by
removing the same or any part thereof, 01' relnove
any of the sand, gravel 01' stones thereupon,
and will not erect thereon any buildings, sheds,
fences, wharfs or erections of any descriptiou
whatever. A ml it is further agreed and understood
that this agreement and the covenants therein con-
tained shall be deemed and held to be covenants
running with the land, and shall be binding thereon,
and upon the successors, heirs and assigns of the
parties hereto.
,
49. D>CED Q. C.
James H. Lyles, Trustee, &c.,
to
George H. Bartlett.
Dated 10th Sept., 1880. Recorded 8th Oct., 1880,
Libel' 250, p. 503.
Conveys:
All that certain lot, piece 01' parcel of land situ-
ate, lying and being on Fisher's Island, in the
County of Suffolk and State of New York, bounded
and described as follows: Beginning at a point at the
centre of a large brown colored boulder on the west
side of Little Hay Harbor, running thence westerly
and by course of needle north eighty-six degrees
west three hnndred and eight feet to the easterly
side of Silver Lake Avenue, and thirty-three feet
additional (being the width of said avenue to its
southwest cornel'; thence north twenty-six and a half
degrees west four hundred and ninety feet to a rock
101
/
embedded in tbe land at high-water mark on
'1'he Long Island Sound shore (said rock being thirty-
six feet nodb-easterly lrom ,noek called the Crow's
Rock); thence by and along the shore one hundred
and forty-three Ieet to a roek; thence by and along
the shore three hundre,l and twenty feet; thence by
and along the shore onB hundred and Hixty-one
feet to a stake driven into the ground at high-water
mark on the sand and gravel breakwater dividing
and 8eparating the t\VO shores of Long Island Sound
ami Little Hay Harbor; thence southerly by amI
along the westerly shore of Little Hay Harbor six
llUmlred and fifty-eight feet to the point or pl:lee of
beginning (at 270 feet it interseds the north side of
Silver Lake Avenue; at ;l03 feet it intersects the
south side of said avenue; at 6D8 feet it illterseets the
point of beginning)l eontaining six and eight-pen OIlC-
hnudl'etlm aeres, luore or less, exelllsive of Silver
Lake },venue. Also one hundred feet of the sand
and gravel breakwater lying next adj,went to the
north east extremity of the premises above de-
scribed.
Covenants 1 and 2 above referred to.
--.
RELEASE.
Elizabeth A. Hood by Jas. H.Lyles,
Attorney,
to
James H. Lyles, 'frustee, &c.
lhterl 10th May, 1877. Recorded 28th March,
1881, Libel' of Deeds 253, p. 541.
Releases the following premises from the mort-
gage recorded in Libel' 127 of Morts., p. 371, and
above returned.
All that portion of the island known as Fisher's
Island, in said Connty of Suffolk and State of New
lork, lying and embraced between tite two following
described lines as distinguished from the remaining
102
portions of said island, lying beyond and outside
of the said lines. The first of said lines being the
northeasterly boundary of the premises hereby
granted and released is described as follows:
Commencing on the easterly shore of said island at
a point marke,I by a drill. hole in a high rock, which
is distant eighty feet from another mck near the
bank ami distant fifty-seven feet from another large
rock lying southerly therefrom, the two rocks last
mentioned bl'ing distant from each other sixty-foul'
fuet ami Iyiug together with the first mentioned
rock abmrt thrue huudred to five hundred feut
southerly fl"Om a stone fence or wall, which is laid
down on the map or chart of said l<'ishers' Island,
and from said point of beginning, rnnning in a di-
rection north thirty-seven and three- quarter (:171')
degrees west one thousand six hundred and fifty
(I,OiiO) feet to the edge of woods at, the southerly
side of the meadow belonging to the 'Yhite lIouse,
and thence continuing in the same direction the
further distance of one thonsand and fifty (I,OilO)
feet through the woods to a point on the shore of the
'Vest Harbor.
The second of said lines being the south westerly
boundary of the premises hereby granted and ru
leased is described as follows: Commtmcing at a
point on the west bank of the fresh water ke
pond at its intersection with the road leading from
the Durfey Meadow to the South Meadow, from
which point Montauk Light bears south twenty-four
and one-qnarter degrees (~410) east; the new Race
Point Light bears south seventy-two and one-
qnarter degrees (7210) west; the eentre of the United
States 'Yrecking Station bears south eighty-one and
three-quarter degrees (Slit) west; and the centre of
the gateway opening into Durfey Grass Meadow
bears north seventy and one-half degrees (70k) east
and is sixteen hundred and forty-two (1042) feet
distant and from said point of beginning running
in a direction north forty-eight and three-quarter
"'
103
,
deg'rees (4f1!) west three thousand three hundred and
seventeen (3,317) feet to a point at the eastern bank of
Silver Lake which is marked by a peg' or stake
driven into the ground and is twenty-five (25) feet dis-
tant from a loose rock lying northerly therefrom and
twenty-one (2]) feet and s (6) inches from another
loose rock lying easterly therefrom, the said line
being continued at each extremity in the line of the
same direction as aforesaid until it reaches the salt
water upon the edge of the shore. Saving and ex-
cepting aud reserving, nevertheless, out of t.he said
premises so as aforesaid lying between the two
lines aforesaid the main buildings now standing
upon the said premises and the tract known as the
Durfey Grass Meadow, which tract comprises about
forty and one-half acres (40~) and is described and
bounded as follows: Commencing at the gate at the
southwesterly corner of said meadow near the pump-
house at a point lying sixteen hundred and forty-
two (1,642) feet distaut from the above described
point of beginning of the second or southwesterly
line aforesaid, and lying in a direction north seventy
and one-half degrees (7~C) therefrom, and from
said point at said gate, running first by and along
the fence south thirty and three-quarter degrees
(30r) east one hundred and fifty-fonr (154) feet;
thence south eighty-one aud one-half degrees (81~)
east by tide water one thonsan() and forty-six
(1,046) feet; thence north twenty and (me-quarter
degrees (2010) east two hundre(l and eighty-four
(284) feet; thence north twenty-eight and one-
quarter degrees (281) east three hundred and forty-
five (345) feet to the road; thence along the road
north sixty-one and three-qnarter degrees (61!")
west two hundred and twenty-eight (228) feet;
thence still along the road north thirty-six and one
half degrees (36~O) west one thousand one hundred
and thirty-one (1,131) feet; thence south fifty-six
and one-quarter degrees (5610) west four hundred
and ninety-four (494) feet; thence north thirty-four
104
degrees (340) west two hundred and seventeen feet;
th()Jlce north seventy eight and three-quarter de-
grees (7EW) west three hundred and fifty (350) feet;
thelll'e sonth seventy-nine al1,l one-half aegrees (79,\;0)
west one huuared (1110) feet; thence south sixteen
degrees (160) east nine hundred and seventy-five
(975) feet, and thence s()(lth thirty and three-quarter
degrees (:ll}~c ) east three hundred and seventy-five
(:370) feet to the point of beginning to the h,tent
that the l)Ol'ti(lll of said premises, so as nJol'Psaid
saved, excepted and reserv(',] shan still remain sub-
ject to the above 8a111 mortgage as heretofore, and
shall not be embraced in the pI'emises hereby granted
and released to the saia party of the secona part.
Also all that certain other tract of lallll situate upon
said Fishers's Island, in the said County of Suffolk
aud State of New York, which is bounded aml ae-
scribed as follows: Beginning at a point llpon
the shore of said island upon the eastnrly
side of the \Vest or Great Harbor, whirh point
is designated by a mark upon a high rock at
the termination of a fence now standing at high-
water mark upon the shon, a[oresaid; and thence
rnnning south thirty-foil I' (B40) degrees east and part
of the way through a swamp one thousaud Jive hun-
dred awl forty-eight (1,048) feet to a rock on tlle
northerly Ridl:~ or tho Ea~terrl Point R,oad1 which
rock lies foll!' (4) feet distant in a westerly (lirertion
frmll another l'oek~ tlwllce north fort.y-nine and one-
quarter degrees (4DiO) east by and along the Eastern
Point Road one thousa)](l three hundred ana sixty
(l,360) feet to a point markeil bya stake driven into
the ground; thence northlifty-six and one-quarter
degrees (0610) east three hundred and forty (340)
feet to a drill hole in a low permanent rock;
thence north thirty-three and one-half degrees
(33~O) west and in a direct line with the
direction of the light upon the north Hammock
from the ]Joint last mentioned one thou
sand and forty (1,040) feet to high-water mark upon
"
10i,
,
the said easterly shore of said West or Great Har-
bor ; and thence in a general southwesterly direc-
tion following the variations and curvatures of the
said shore abont oue thousand eight hundred (1,800)
feet to the point or place of beginning, containing
forty-nine and one-half acres more or less.
AGREEMENT.
,Tames H. Lyles, Trustee, &c.,
with
Fannie B. Chipman.
Dated 5th Sept., 1881. Recorded 9th Sept., 1881,
Libel' 257, p. 417.
Agreement to sell the party of the second part
two certain lots, pieces or parcels of land situate on
Fisher's Island, County of Snffolk, State of New
York, known and designated as lots numbers four
(4) and seven (7) in section fourteen (14)npon a cer-
tain map entitled, " Map of lots on Fisher's Island,
including the IIighlan(l Range between the Great
Harbor and the Atlantic shore," filed in the office of
the clerk of Suffolk Connty, State of New York,
and numbered ::139 in said office.
DEED, Q. C.
James H. Lyles, Trustee, &c.,
to
Daniel J. Brown.
Dated 19th August, 1881. Recorded 22d Sept.,
1881, Libel' 258, p. 37.
Conveys:
All that lot, piece or parcel of land situate, lying
and being upon Fisher's Island, in the County of
Suffolk and State of New York, which is known as
lot No. 10, Section 13, upon a certain map entitled
60.
lOG
"Map of lots on Fisher's Island, embmeing the
Highland Range between Great Harbor and the
A tl,mtic shore," jiJed in t]w office of the clerk of
said County of Suffolk, on the 2Bd day of Septem-
ber, 1878, and numbeled BB9 in said otlice contain-
ing ~- and T~ 0 acres.
Covenants 1 and 2 above referred to.
,
51.
DEED, Q. C.
James H. Lyles, 'l'rustee, &c.,
to
Mary A. 'Yetmore.
Dated 19th August, 1881. Recorded Sept. 29th,
1881, Libel' 258, p. 1GO.
Conveys:
All that certain parcel, lot or plot of land, to-
gAther with the buildings thereon, bounded am!
described as follows, viz.: Commencing at the
northerly cornel' of said lot at a drill hole in a mere
stone at the southwesterly cornel' of land owned by
Alonzo Fones 'Ill'! in the easterly side of Eqnestrian
A venue; thence southwesterly by and along said
aveune on its easterly side seventy-nine fAet to an
angle in said avenue; thence southwesterly by nnd
along ~mi<l avenue, ninety fpet to a point, making its
sonthwest corner; thence southeasterly and hy the
ITmgnetic compaHs in a course south 261, east two
hundred and tweuty-eight feet passing through as
near as may he the centm of a woodshed 01' out-
house, to a drill hole madA in a stone wall; thence
northeasterly hy and along said wall one hnndred
and sixty-five feet to its nartlleast corner; thence
northerly in a straight line three hundred and tive
feet to a drill hole in a mere stone, the point of he-
ginning. rrhe above described premises being on
Fisher's Islaud, Snfi'o]k Connty, StatA of New York.
Corenants 1 and 2 ahove referred to.
107
-'
52. DEED Q. C.
James H. Lyles, Trustee, &c.,
to
Louise W. Bowers.
Dated the 23d Sept., 1881. Uecorded 13th Oct.,
18fi1, Libel' 258, p. 441.
Conveys:
All that certain lot, piece or parcel of land sitnate,
lying and being on Fisher's Island in the County of
Snffolk and State of New York, bonn(lcd and de-
scribed as follows, viz.: Beginning at a point twenty-
live feet northerly from a drill hole in a mere stone
in the centre of the street called and known as the
"Appian 'Vay" at an angle in the northern bonn-
dary line of lands formerly owned by :Miss Maria
D. Fay, bnt now in the possession of Henry Bowers
and also ten and one-half feet from a drill hole in
the top of a rock, said point of beginning being at
the intersection of the northeru boundary lim) of
said Bower's land and the northerly side of said
A ppian 'Vay ; thence north 780 east by and along
the Appian Way one hnndred and ninety-four feet
to a point in the north line of said Appian 'Vay ;
thence north 290 east two hnndred and eleven feet
to a point on the east margin of the pond at high-
water mark, where the dam of said poud overflows;
thence following the contour of the northerly
margin of said piscatorial pond at high-water mark
to the fence abont five hundred and sixty feet by
course of margin; thence north 790 west eighty feet
to the northest coruer of said Bower's land; thence
sonth 14!t" east four hundred and ninety reet to the
110int 01' place of beginning, containing 21\10 acres.
Covenants 1 and 2 above referred to, and also the
following covenant: And the said party of the
Jirst part hereby forever reserves to himself as snch
trustee, his snccessors and assigns, and also to the
beneliciaries under the trust named in the trust
deed aforesaid, the right to use said pond and the
,
".
108
water therein, and also to take fish, ice and other
substances therefrom to the fnll liberty or extent
that he or they wonld have been entitled so to do had
not this conveyance been made.
53. DEED, Q. C.
James H. Lyles, 'frnstee, &c.,
to
Harvey Chapman.
Dated 19th August, 1881. Recorded 18th October,
1881, Liber 258, p. 498.
Conveys:
All that certain lot, piece or parcel of land on
Fisher's Island, State of New York (Suffolk County),
together with the cottage and out-buildings there-
on, bounded and described as follows: Commenc-
ing at Us southwest corner formed by the intersec-
tion of Equestrian and Midlothian Avennes ; thence
easterly by and along Midlothian Avenue one hnn-
dred and forty-one feet to an angle in said avcuue;
thence easterly by and along said avenue one hun-
dred and ten feet to a wall; thence northeastly by
and along said wall thirty-nine feet to the south-
east corner of said lot; thence northwesterly two
hundred and twenty-eight feet to a point on the
easterly line of Equestrian A venne one hundred
and eighty feet northerly from the point of de-
parture; thence sOLlthwesterly by and along the
easterly side of Equestrian Avenue one hnndred
and eighty feet to the point of beginning.
Covenants 1 and 2 above referred to.
..
--
54. DEED, Q. C.
James H. Lyles, Trustee, &c.,
to
James Preeman Bush.
Dated 20th Dec., 1880. Recorded 14th Dcc.,
1881, Libel' 260, p. 157.
109
,
Conveys:
All that lot, piece or parcel of land situate,
lying and being on Fisher's Island, County of Suf-
folk and State of New York, and which is known as
Lot No.1, Section 11, upon a certain map entitled,
"Map of lots on Fisher's Island, embracing the
Highland Range between the Great Harbor and the
Atlantic shore," filed in the office of the clerk of
said County of Suffolk au the (23d) twenty-third day
of September, eighteen hundred and seventy-eight
(]878) and numbered 339, in said.office.
Covenants 1 and 2 above referred to.
55. DEED Q. C.
James H. Lyles, Trustee, &c.,
to
Frances Catharine Hedge.
Dated 1st May, 1877. Recorded 30th December,
188], Libel' 260, p. 404.
Couveys:
All that certain tract of land situate npon said
Fisher's Islaud, in said Couuty of Suffolk and State
of New York, which is bounded and describt'd as
follows: All that certain peninsular of land which
runs Ollt into the \Vest or Great Harbor, and is sur-
rounded on all sides by the waters of said harbor,
excepting only where it is connected with tbe main-
land of said island by a narrow strip of land, and
upon the said strip of land the premises hereby
described and conveyed are bonnded on the easterly
side by a line running from water to water, as fol-
lows: Commencing at a point on the sontherly
shore thereof on a hard ridge of land, which point
is distant thirty-three (33) feet in an easterly direc-
tion from a large rock, aIlll rtlllning thence due
north ill a straight line along and upon said ridge
two hundred and thirty (230) feet to the northerly
no
shore thereof at a point distant eighty-one feet in a
westerly direction from another large rock.
Covenants 1 and 2 above referred to.
56. DEED Q. C.
.James H. Lyles, 'frustee, &c.,
to
William A. Hedge.
Dated 1st October, 1878. Recorded December
30th, 1881, Libel' 260, p. 408.
Con veys :
All those certain lots, pieces or parcels of land
situate, lying and being on Fisher's Island, in the
COl/uty of Suffolk and State of New York, and
which are known and described as lots numbers ono
(J), two (2) and three (3) of section six (6), upon a
certain map entitled, "Map of lots on I<'isher's
Island, embracing the Highland Range between the
Grt'at Harbor and the Atlantic shore," filed in the
office of the Clerk of the said County of Snffolk on
the 2Bd day of September, 1878, and numbered 389
in said oflice.
Covenants 1 and 2 above referred to.
,
DEED Q. C.
James H. Lyles, Trustee, &c.,
to
James \Valker.
Dated 10th March, 1882. Recorded 24th March,
1882, Libel' 262, p. 1547.
Conveys:
All that certain lot, piece or parcel of land sitn-
ate, lying and being on Fisher's Island, Suffolk
County, State of New York, bonnded and described
57.
111
,
as follows: Commencing at a point at high-water
mark on the north shore of Fisher's Island on
Fisher's Island Sound; thence in a southwesterly
direction by and aloug the east side of Avenue A
one hundred and ninety (190) feet to a mere stone;
thence in a southeasterly direction four hU11<1red
and thirty-two (482) feet to a mere stone; thence in
a northeasterly direction one hundred and ninety-
two feet (192) to high-water mark on the shore;
thence northerly by and along said shore four hnn-
dred and fifty feet to the point of beginning.
Covenants 1 and 2 above referred to.
~-- '
AGREEMENT.
James H. Lyles, Trustee, &c.,
with
De Witt C. Sage.
Dated 22d February, 1882. Recorded 29th March,
1882, Libel' 268, p. 7.
AgreemAllt wherein and whereby the agreemeut
of May 22d, 1877, is amended, altered and modifie,l
as follows:
The said party of the second part remises, releases
and forever discharges the said .James 1I. Lyles as
such trustee and all the lands which were of said
Lyles as snch trnstee on said twenty-second day of
1fay from the operation and effect of said agreement
of May 22d, 1877, above recileu, except so far as
said agreement effects anu is a lien and incum-
brance on the fo1lowing described lands and prem-
ises npon which said agreement as hereinafter
altered, limited and modified shall continue in fun
force and effect: All that certain lot, piece or parcel
of land lying and being on Fisher's Island, in the
County of Suffolk and State of New York, bounded
and described as fo1lows, viz.: Commencing at a
drill hole in a rock marking the southeast coruer of
15.
112
a lot containing the brickyard formerly sold to
De 'Vitt C. Sage and now in his possession, said
rock being on the west side of Oriental Avellll(';
thence sonth 7*" cast thirteen hnndred and eighty
feet to a mere stone; thence south B7t" west thirteen
hundretl and fifty.nine feet to a point on the bluff
of Isabell" Beach; thence north 25*" west fifteen
hundred a Ild twenty feet to a drill hole on top of a
conical rU(~kl said rock lnarking the sonthw{~st cor-
ner of said brickyard lot being on the west line of
Oriental Avenue; thence north 49F east hy and
along the east line of said brickyard lot thirteen
hundred and sixty feet; thence north 56to east by
and along the west line of said hrickyard lot three
hundred and forty feet to the point or place of
beginning, containing 44T6(f acres of lana, or how-
ever otherwise bounded, measured or described.
Being the same }1remises described in a certain
Indc'ntllre of Release, bearing date the nilletetmth
day of January, A. D. 1882, made hy Joseph S.
T?ay and others to said James H. Lyles, trustee, &c.
Reserving to himself the same rights and privileges
of using the waters in the pond through whieh the
eastem boundary line of said ahove described lantTs
passes that he had under said agreement of May
22d, ] R77. AlId the said .J alUes H. Lyles as trnstee
covenants and agrees that the aforesaid tract of land
is now free and clear from an incumbrances. AlId
he fmther covenants and agrees that the said Dc
'Vitt C. Sage shan have and enjoy the right, ease.
IUent and privilege in the lands aforesaid exclusively.
And that he will not sen or otherwise dispose of
any portion of the land aforesaid in such manner
as to interfere with or prevent the fun enjoyment
by the said De Witt C. Sage of the aforesaid right,
easement and privilege. And he further covenauts
and agrees that if said Sage shan maintain machin.
ery sufficient to manufacture five million bricks per
year he shall not be required to manufacture any
greater number than he shan deem expedient, and
...
.-
113
,
that a royalty of ten cents per thousand shall be
required only upon the number actually manufac-
tured and sold, which said royalty shall be accounted
for and paid in the manner and at the times men-
tioned in the said agreement of May 22d, 1877. It
is understood, covenanted and. agreed between the
parties hereto that each is discharged from any and
all covenants, conditions and provisions of the said
agreement of May 22d, 1877, not herein expressly
recognized. And it is further al,,,'eed between the
parties hereto that this agreement and all provisions
hereof shall inure to the benefit of and be hinding
upon the heirs, executors, administrators and
assigns of Sage, and the exeentors and assigns of
said Lyles as such trnstee, and that Oriental A venue
aforesaid is to exist as hitherto.
DEED Q. C.
.James H. Lyles, Trustee, &c.,
to
De Witt C. Sage.
Dated 25th Fcbmary, 1882. Recorded 29th March,
1882, Libel' 263, p. 11.
Conveys:
All that parcel of land on Fisher's Island, in the
Connty of Suffolk and State of N eIV York, called
the San,l Bank, bounded and described as follows,
to wit: Commencing at the southeast corner of said
lot at a point marked by a stake and stones, said
point is located by the following bearings and
measnrements: First, measure from said point fifty-
five and one-half feet to a drm hole in the apex of a
large, high rock, the bearing to which is by the course
of compass S. 2810 E.; second, measure from said
starting point eighty-three feet to a drm hole in the
apex of a large, high rock, the bearing to which by
course of compass is N. 53!' E.; thence from said
58.
]]4
stake and stones as the starting point N. 28j;0 ,V.
two hundred and forty-nine and one-half feet to a
wild- cherry tree; thence N. 420 ,V. two hundred
and fonr feet to a stake at high-water mark, said
stake being north of the north side of a high boul-
der lying at high-water mark aud distant therefrom
thirty feet; thence southerly by aud along the shore
four hundred and eighty-four feet to a stake and
stone at high-water mark; thence N. 88j;0 E. two
hundretl and four feet to a stake allel stones; thence
N. 76'1:0 E. (244 feet) two hnmh-eel anel forty-four
feet to the point of beginning; saiellot contains two
and one-quarter "cres. It is understooel alltl agreeel
that on, beyonel anel aeljoining the sontherly and
easterly sieles of said lot a strip of htn(l shall remain
for a roael or passage way two rods wide, from the
water to the first angle, a distance of two hulltlreel
anel four feet, and from the said "ngle to the point
of beginning two roels wide at the angle, anel ter-
minating at the starting point with a width of 55t
feet, for the nse and pnrposes of a passa~e way or
roael for the mutual benefit and nse of said grantor
and grantee. :B'urthermore, it is agreed and pro-
vided that the saiel grantee may nse the road or
passage way leading from the termination of the
last-described strip of land across the grantor's land
to the barway opening into the said grantee's land
known as the "Brick Yard" fifty acre lot, the
course of bearing of saiel passage way is N. 48tO E.
Furthermore, it is agreed and provided that the
saiel grantee may at his own expense bnild another
road across the land of said grantor and nse the
same to pass to and from "the sand bank" herein
conveyed to a convenient point on saiel road or cart
path last described, provided saiel grantee shall build
the same within a year from the date of this inden-
ture and not obstruct thereby any necessary drain-
age; and it is further agreed that the saiel grantee
shall have the privilege of working or improving
either of the above-named roads, and for that pnr-
,
115
pose may remove such earth aud rock thereou as
may best suit his convenience.
Covenants 1 and 2 above refelTed to.
,
DEED Q. C.
James H. Lyles, Trustee, &c.,
to
William D. True.
Dated May 1st, 1882. Recorded 15th August,
1882, Libel' 266, p. 427.
Conveys:
All those certain lots, pieces or parcels of land
situate, lying and being on Fisher's Island, in the
County of Suffolk and State of New York, and
which are known as lots numbers seveu, eight and
thirteen in Section Thirteen upon a certain map
entitled" Map of Lots on Fisher's Island, embrac.
ing the Highland Range between the Great Harbor
and the Atlantic shore," filed in the office of the
clerk of said County of Suffolk on the 23d day of
September, 1878, and numbered 339 in said office.
Saving and reserving a right of way across lot No.
Thirteen at its most southern point (as it appears on
map filed as above), which is described '" follows:
Commencing at the sonthern point of Lot No. Thir-
teen (Section Thirteen); thence in a northwesterly
direction ten feet along lot No. Six; thence easterly
to Middlestead A venne; thence in a southerly
direction ten feet to the point of beginning.
59.
60. DEED, Q. C.
James H. Lyles, Trustee, &c.,
to
Henry Bowers and George H. Bartlett.
Dated 18th November, 1882. Recorded 20th
November, 1882, Libel' 269, p. 266.
116
Conveys:
All that parcel of land situate, lyiug and being on
Fisher's Island, in the County of Suffolk amI State
of New York, bonnded and described as follows:
Commencing at its northwestern eorner on the
southerly line of Equestrian A venue at a mere stone
set in the ground forty feet distant from the
opposite wall at its termination at the gate which
opens into" Press Barn Lot"; thence by and along
the fence and by conrse of com pass south fifty -eight
and a half (58;\-') degrees east, eleven hundred and
twenty-five feet to a mere stone set in the ground;
thence south seventy-two and a half (72;\- degrees
east eighty-three feet to a mere stone set on the mar-
gin of the ice pond at termi nation of the fence;
thence south sixty-six and a half (66~n d,.wees east
seven hundred feet across the pond to a mere stone
set in the ground near the margin of the pond at its
eastern side; thence north eighty-six (8GO) d,'grees
east foul' hundred amI fifty feet to a mere stone set
in the ground by the "Durfee Meadow" wall;
thence north thirty-one (BIO) degrees west three
hundred and sixty (BGO) feet to an angle in the wall;
thence north fifteen and three-quarter (Wi) degrees
west thirteen hundred and seventy feet to a mere
stone at the intersection with the west side of
Heatherlie A venue; theuce by and along the west-
erly side of said avenue and by COUl'se of compass
fOllr aud a half (4j;) degrees west three hundred and
twenty feet to a mere stone at the intm'section of
Halcyon Avenue, being thirty-three (BB) feet from
the wall; thence north fifty-three aud a half (5B~O)
degrees west by and aloug Halcyon Avenue two
hundred and forty-four feet to a mere stone set in
the ground at the intersection of Eq uestrian A venue;
thence by amI along the southerly side of Eqnestrian
Avenue at all points twenty feet southerly from the
centre of the present carriageway to the point of be-
ginning, exeepting the last two hundred feet, the
Jirst point of which is twenty feet from the centre of
,
117
,
said carriageway and at its western end forty feet
from the abutment of wall on the northern side of
said aveune, containing fifty five and oue-quarter
(051) acres of land, be the same more or less. And
also all that certaiu lot, piece or parcel of land sitn-
ate, lying aud beiug on said Fisher's Islaud, in the
County of Suffolk and State of New York, boun<1e<1
and described as follows: Commencing at a point
on the southerly bonndary line of the lands above
describe<1, distant fonr hundred (400) feet westerly
from the southeasterly corner of said lands, and
running thence westerly along said boundary line
one hnn<1red (100) feet; thence south to the low
water mark of the ocean; thence easterly along Haid
low water mark to a point in a line drawn from said
point of beginning at right angles with said Houth-
crly boundary line; thence northerly to the point or
place of beginning, reserving, however, a right of
way through said last-mentioned lands not more
than thirty feet in width, and running parallel to
t he beach, and to border on its northerly side on the
pon<1 through which the sontheasterly boundm'y
line of the lands first above described runs.
Covenauts 1 and 2 above referred to.
DEED Q. C.
.James H. Lyles, Trustee, &c.,
to
James Walker.
Dated 16th June, 1882. Recorded 9th Dec'r, 1882,
Libel' 269, p. 548.
Conveys:
All that certain lot, piece or parcel of land situ-
ate, lying and being on Fisher's Island, in the
County of Suffolk and State of New York. bonnded
and uescribe,l as follows: Commencing at the south-
west corner (on A venne C) of a plot of land hereto-
61
118
fore conveyed to James ''1 alker; thence by and
along the west side of said lot north 13!" E. (385)
rhree hundred and eighty-five feet to Avenue B
(this forming its easterly boundary); thence west-
erly following the line of A venue B (77) seventy-
seven feet; thence in a southerly direction (383 feet)
three hundred and eighty-three feet to Avenue C;
thence easterly by and along A venue C seven (7)
feet to point of beginning.
Covenants 1 and 2 above referred to.
"
D~~ED Q. C.
.James H. Lyles, Trustee, &c.,
to
Martha E. Hoffert.
Date<l 7th .rune, 1881. Recorded 21st Dec'r, 1882,
Libel' 270, p. 96.
Conveys:
A 11 that certain lot, piece or parcel of land situate,
lying and being upon Fisher's Island, in the County
of Suffolk and State of New York, bouude<l an(l de-
scribed as follows: Commencing at the intersection
of the north line of Montank A venue and the east
line of Vulcan Avenue on the southwest corner of
a large high rock; thence north forty-four <legrees
east by the east si<le of Vnlcan Avenue eighty-six
feet to high water mark of "Great Eastem Harbor,"
so called; thence easterly along the water frout one
hun<lred feet to a stone wall; thence by and along
said stone wall south nine and a quarter <legrees
east fifty-seven feet; thence by said wall south five
and a half degrees west one hundred and sixty feet
to its southeast corner; thence south fifty-one and a
half degrees west along the boundary line between
said lot and land of Hoffart's one hundred and
twenty feet to its intersection with the north line of
Montauk Avenue; thence north nineteen and a
62
119
quarter degrees west along said avenue two hun-
dred and seventy-two feet to the point of beginning,
containing eight-tenths h'o) of an acre, be the same
more or less.
Covenants 1 and 2 above referred to.
,
63 DEED Q. C.
James H. Lyles, Trustee, &c.,
to
Miss Sarah Wolcott.
Dated 8th September, 1882. Recorded 26th Jany.,
1883, Libel' 271, p. 109.
Conveys:
All that lot, piece or parcel of land situate, lying
and being on Fisher's Island, in the County of Suf-
folk and State of New York, and which is known
as lot number three (3), section ten (10), upon a cer-
tain map entitled" Map of lots on Fishel" s Island,
embracing the Highland Range between the Great
Harbor and the Atlantic shore," filed in the office
of the Clerk of said County of Suffolk 23d September,
1878, and numbered 339 in said office.
Coveuants 1 and 2 above referred to.
DEED, Q. C.
James H. Lyles, Trustee, &c.,
to
James Walker and Paul B. Greene.
Dated 2d April, 1883. Recorded 14th April, 1883,
Libel' 27B, p. 224.
Conveys:
All that certain lot, piece or parcel of laud situ-
ate, lying and being on Fisher's Island, in the
64.
120
County of Suffolk and State of New York, bounded
and described as follows: Commencing on A venue
A at the southwest COl'nel' of the lot of land con-
veyed to .J ames vValker on Mal'ch tenth, in the year
eighteen hundred and eighty-two, said corner being
mal'ked by a drill hole in a rock, said rock beiug
oue hnndred and ninety feet from high-water mark
on the uOl'th shore of Pisher's Island and said
A venne A, the westerly boundary of lot heretofore
conveyed as above; thence sonthwesterly by and along
the east side of A veune A lifty feet to a mere stone,
said stone marking the northwesterly eorner of the
lot hel'ein conveyed; thence sonthwesterly by and
along the easterly line of said avenue one hundred
and lifty feet to a mere stone; thence south 60' east
fonr hundred and sixteen feet to the southwest
corner of said lot; thence at right angles to said line
and north 21 C east one hundred and lifty feet to the
sontherly line of a new street called Greene Avenne;
thence north 69" west by and along said Greene
Avenne and parallel with the southerly line of said
lot herein conveyed four hnndred and two feet to
the northwest corner, the point of beginning, said
lot containing one and forty-one one-hundreths hVo)
of an acre.
Covenants 1 and 2 above referred to.
,
DEED, Q. C.
.fames II. Lyles, 'I'rustee, &c.,
to
Fannie B. Chipman.
Dated 4th Sept., 1883. Recorded 5th Sept., 188:3,
Libel' 276, p. 234.
Conveys:
All those certain pieces or parcels of land situate,
lying and being on J<'isher's Island, County of Suf.
folk and State of New York, known and designated
66.
121
,
as lots numbers four (4) and seven (7), section (14)
fourteen, upon a certain map entitled" Map of lots
on Fisher's Island, including the Highland Range
between the Great Harbor and the Atlantic shore,"
filed in the office of the Clerk of Suffolk Oounty,
State of New York, on the 23d day of September,
1878, and numbered 339 in said office.
Oovenants 1 and 2 above referred to.
66.
DEED, Q. O.
.Tames H. Lyles, Trustee, &c.,
to
Edward A. Seccomb.
Dated 8th October, 1883. Recorded 24th October,
18R3, Libel' 277, p. 242.
Oon veys :
All those eertain lots, pieces or parcels of land
situate. lying and being on ]<'isher's Island. County
of Suffolk and State of New York, shown and desig-
nated as lots numbererl one (1) two (2) and three (3),
section fourteen, on a certain map entitled "Map
of lots on Fishel" s Island, embracing the Highlaud
Range between the Great Harbor and Atlantic
shore," filed in the office of the Clerk of the County
of Suffolk, State of New York, on the 23d day of
September, eighteen huudred and seventy-eight,
and numbered 339 in said offiee, bounded and de-
scribed as follows: Beginning at the southeasterly
coruer of Halcyon and Heatherlie Avenues, and run-
ning thence southerly along Heatherlie Avenue four
hundred and ten (410) feet; thence easterly two
hundred and sixty (260) feet to the westerly side of
Halcyon Avenue, and thence northwesterly along
said westerly side of Halcyon Avenue four hundred
and nineteen (419) feet to the point or place of be-
ginning.
Covenants 1 and 2 above referred to.
...
l
.
"
]22
67.
D}cED Q. C.
James H. Lyles, Trustee, &c.,
to
Philip R. Elsworth.
Dated 15th of October, ] 883. Recorded 17th of
December, ]883, in Liber 277, page 578.
Couveys :
"All that certain piece or parcel of land sitnated
lying or being on }<'isher's Island, Connty of Suf-
folk, State of New York, bounded and described as
follows: Begiuning at the southeasterly corner of
said lot at a mere stone set in the ground with a
drill hole on the top surface marking the intersec-
tion of the westerly line of Bartlett Avenue, so
called, with the southerly Iiue of said lot, said mere
stone beiug fifty-eight (58) feet from a second mere
stone set in the feuce, which said west line of Bart-
lett Avenue would strike if Iwo,luced southerlyfift,y-
eight feet (58); said point of beginning is further
described as being three hundred and seven (B07)
feet southerly from the first angle on the west line
of said Bartlett Avenue, which angle is three hnn-
dred and seven feet northerly from said point of be-
ginning; thence northerly by and along the west
line of Bartlett Avenue oue hundred and three feet
(103) to the northeast corner of said lot and by the
course of compass N. 14!O east; thence westerly by
and along the northerly line of said lot and by the
course of compass N. 880 west two hundred and
seventy-one feet (271) to high-water mark; thence
southerly by and along the shore to the southern
liue of said lot, said son them line being parallel
with its northern side and one hundred feet there-
from when measnred at right angles thereto, and is
in leugth two hundred and forty feet (240) from
high-water mark to the point of beginning.
Covenants 1 and 2 above referred to.
,
-
-
J23
68.
DEED Q. C.
James H. Lyles, Trustee, &c.,
to
Patrick J. Webb.
Dated 7th of December, 1883. Recorded 19th of
December. 1883, in Liber 278, page 378.
Conveys:
" All that certain piece or parcel of land situate
and lying on ]<'isher's Island, County of Suffolk,
State of New York, bounded and described as fol-
lows: Beginning at a mere stone at the N. 'V. cor-
ner of said land at a point near the sheep gate, so
called, being on Oriental A venue aud twenty (20)
feet southerly from its centre and contiguous to the
fence wall on its western side; thence by and along
said wall on its westerly side and by compass S.
13io E. six hundred and fifty-seven (657) feet to a
point in the wall, said line running its entire length
in close proximity to a wall on the westerly side, so
as to inclnde the wall in the land herein conveyed;
thence at right angles to said wall and by compass E.
13F N. four hundred and twenty (420) feet to a
mere stone; thence N. 13io \V. sixty-six (66) feet to a
mere stone, said point being twenty (20) feet south-
erly from the centre of Oriental Avenne; thence by
and along Oriental Avenue twenty feet tram its
centre by and along its southerly and westerly side
to the point of beginning. The above encloses four
acres, be the same more or less.
Covenants 1 and 2 above referred to.
,
69. DEED Q. C.
James H. Lyles, Trustee, &c.,
to
Snsan P. Tucker.
Dated 12th Nov., 1883. Recorded 14th Jan., 1884,
Liber 279, p. 48.
124
Conveys:
All that certain piece or parcel of land sit !late
and lying on };'isher's Island, County of Suffolk,
State of New York, bOlllHIed and described as fol-
lows: Beginning at the corner of the wall where it
touches Halcyon Avenue, being the southwest cor-
ner of land owned by D. J. Brown; thence northerly
in line of wall one hundred and seventy-foUl' (174)
feet to the line of Equestrian A venne; thence
westerly on a line of saill avenue one hnndre,l
and sixty-six (166) feet to the intersection of
Eqnestrian and Halcyon Avenues; thence south-
easterly one hundred and seventy-l'ight (178) feet
along the line of Halcyon Avenue to the point
of beginning, containing forty-eight (48) square
rods or three-tenths (T~f) of an acre.
Covenants 1 and 2 above referred to.
,
DEED Q. C.
James H. Lyles, Trustee, &c.,
to
Allison Sears.
Dated 7th Dec., 1883. Recorded 26th March, 1884,
Libel' ~80, p. 382.
Con veys :
All that certain piece or parcel of land situate
an,] lying on Fisher's Island, County of Suffolk,
St"te of New York, bounded and described as fol-
lows: Beginuing at a mere stone twenty feet south
from the centre of Oriental A venue and adjoining
the land heretofore conveyed to Patrick J. \Vebb ;
thence sontherly 13i" east sixty-six (66) feet to a
mere stone adjacent to the land of Patrick J.
vVebb; thence west 13t" south four hundred and
twenty (420) feet to a point in the wall on its west-
,
]25
~
erly side; thence south 2tO west on the westerly
side of said wall two hundreu and seventy-seven
feet to a mere stone; thence at right angles to said
line east 2tO north six hundred and thirty-five (6B5)
feet to a mere stone; thence at right an~les to saiu
line anu by compass north 2tO west fonr hnndreu
and twenty-one (421) feet to a mere stone twenty
(20) feet sontherly from the centre of Oriental
Avenue; thence by and along said avenne and
twenty (20) feet from its centre two hundred and
two (20:!) feet to the point of beginning. The above
encloses jive acres, be the same more or less.
Covenants 1 and 2 above referred to.
Also, and the said party of the seconu part, for
and in consideration of the conveyance of the
above mentioned anu described lands anti premises
made by these preseuts, has covenanted and a~reed
and hy these presents does for his heirs and assigns
owning or having at any fntnre time any estate,
right, title or interest of, in and to the above de-
scrihed lands and premises or any part thereof,
covenant and agree to and with the said party of
the first part, his snccessors and assigns, that there
shall not be sold or allowed to be sold on the
premises hereby conveyed, or any part of the same,
any gin, whiskey, brandy, wine, heer, ale, porter
or intoxicating liquors of any kind whatsoever;
and that no part of the land hereby conveyeu
slw,]] be nsed for any such purpose or purposes, and
that the covenants and agreements herein contained.
on the part of the said party of the second part, his
heirs anu assigns, shall rnn with the land and shan be
obligatory on every person and persons, corpora-
tion and corporations, owning the same or having
any estate, ri~ht, title or interest therein that
wonld enable them, or any of them, or either of
them, to violate any of the saiu covenants or agree-
ments.
126
71.
DEED Q. C.
James H. Ly]es, Trustee, &c.,
to
Elisha 'V. Sholes and A]onzo 'V.
Sholes.
Dated 12th June, 1878. Recorded 15th April,
18H4, Liber 280, p. 569.
Conveys:
All that certain lot, tract or parcel of land situ-
"te and lying on Fisher's Island, in the County of
Sllffolk and State of New York, bounded an,l de-
scribed as follows, viz.: Beginning at the south
(south) east corner of the land sold and described in
the deed dated August thirteenth, eighteen hundred
and seventy-seven, from the grantor to Elisha 'V.
and Alonzo \V. Sholes; thence along Avenue B
sixty-two feet on the east by Avenue A two ]lllndred
aud forty feet on the north by Circuit A venue
sixty-four feet on the west, two hundred and forty
feet, adjoining the land previously conveyed said
Sholes, containing -lio of an acre, be the same more
or less.
Covenants 1 and 2 above referred to.
,
72.
DEED.
James H. Ly]es, Trustee, &c.,
to
Elish. \V. Sholes and A]onzo 'V.
Sholes.
Dated 13th August, 1877. Recorded 17th April,
1884, Liber 281, p. 15.
Conveys:
That portion of the beach of said Fisher's Island
which lies between high-water mark and the land
]ately conveyed to said party of the second part as
127
aforesaid, and the prolongation of the side lines of
said land, being that portion of said beach directly
in front of said land.
See covenants contained in Deed, Libel' 234, p. 350,
heretofore returned.
,
DRED.
James H. Lyles, Trustee, &c.,
to
Elish. . W. Sholes and Alonzo VV.
Sholes.
Dated 12th June, 1878. Recorded 17th April,
1884, Libel' 281, p. 18.
Conveys:
That portion of the beach of said Fisher's Island
which lies between high-water mark and the land
lately couveyed to said party of the second part as
aforesaid, and the prolongation of the side lines of
said land, being that portion of said beach directly
in front of said land.
See covenants contained in Libel' 234, p. 350, here-
tofore retnrned.
73.
DEED B. & S.
James H. Lyles, Trustee, &c.,
to
Napoleon Fontaine.
Dated 10th June, 1884. Recorded 30th June,
1884, Libel' 282, p. 345.
Conveys:
All that certain lot, piece or parcel of land lying
and being au Fisher's Island, in the County of Snf-
folk and State of New York, bounded and de-
scribed as follows: Commencing on the north side
of the sheep gate (so called) on Oriental A venue
74.
12R
thirty (30) feet from its centre and fifty feet from
the northwest corner of land now owned by
P. J. \Vehb,> and thence northerly in a line of
the wall between lot No.6, section nine (9), so
known, on a certain map entitled "Map of lots
on Pisher's Island, embracing the Highland Hange
between the Great Harbor and the Atlantic shore,
filed in the office of the Clerk of Suffolk County on
the twenty-third day of September, eighteen hun-
dred and HtlVenty-eight, and what is known as the
Brick Yard Pastnre, and on the western side of said
wall so as to inclnde it, two hundred (200) feet to
the shore of Great Harbor at high-water mark;
thence easterly on the line of the shore at high-
wat.er ITlal'k until it meets a point at right angles to
the first-named line and one hundred and forty-fonr
feet from it; thence southerly two hundred and
seventy feet on a line parallel to the first-named line
to a point thirty (30) from the centre of Oriental
A venne; thence westerly by and along said avenne
and thirty feet from its centre to the point of be-
ginning, said lot eontaining OIle hundred and twenty-
five square rods, be the same more or less.
Covenants 1, 2 and 4 above referred t.o.
,
75. DEED B. AND S.
James H. Lyles, Trustee, &c.,
to
Henry Bowers, George H. Bartlett
and Richard H. Chipman.
Dated 9th October, 1884. Recorded 11th Decem-
ber, 1884, Libel' 286, p. 83.
Conveys:
All those four certain lots, pieces Of parcels of
land situate, lying and being on Pisher's Islaml, in
the County of Suffolk and Sta te of New York,
known and distinguished as lots numbered four (4),
five (0), six (6) amI seven (7), in Section two (2), on a
129
,
certain map now on file in the office of the Clerk of
the COllnty of Suffolk, entitled "Map of lots on
Fisher's Island, embracing the Highland Range be-
tween the Great Harbor and Atlantic shore," and
being the plot of ground upon which St. John's
Episcopal OhUl'ch now stands.
And the said parties of the second part, for and
in consideration of the conveyance of the above-
mentioned and described lands and premises made
by these presents, have covenanted and agreed amI
by these presents do for themselves. their heirs and
assigns owning or having at any future time any estate
right, title or iuterest of, in and for the above-de-
scribed lands aud premises, or any part thereof,
covenant and agree to and with the said party of
the first part, his successors and assigns, that the
land hereby conveyed shall be used for the main-
tenance of a church edifice for religious worship in
the form of the Protestant Episcopal Church and
for a burial grouud, and that no part of the laud
hereby conveyed shall be used for any other pur-
pose or purposes, and tha t in case said land amI
premises shall he abandoned for sai,l purposes, and
in that case the same shall revert to the party of the
first part, his successors and assigns, and that the
eovenant.s und agreements herein contained on the
part of the said party of the second part, their heirs
and assigns, shall run with the land, and shall be
obligatory on every person and persons, corporation
and corporations owning the sanIe or having any
estate, right, title or interest therein that would en-
able them or any of them or either of them to vio
late any of the said covenants or agreements.
.
76. DEED B. AND S.
J"ames H. Lyles, Trustee, &c.,
to
Florence M. Mnrdock.
Dated 16th May, 1885. Recorded 21st May, 1885,
Libel' 289, p. 221.
130
Conveys:
All that parcel of land situated on Pisher' s Island,
in the Town of Southard, County of Suffolk, and
described as follows: Beginning at a mere stone on
the west side of Equestrian Avenue, so called,
abont thirty feet sontheast of the house
now owned by the aforesaid Plorence M. Murdock
and running by and along the west liue of said
Equestrian Avenue and by compass south eighteen
degrees west abont five hundred and fifty feet to a
mere stone set at an angle of the said avenue;
thence by compass north eight and (me-half degrees
east one hundred and forty-two feet to a mere stone
set where an angle nowis in the wall; thence by com-
pass north twenty-one and one-half degrees we'st
two hundred and fifty feet to a cornel' in the wall;
thence by and along said wall following the line be-
tween the land of the aforesaid J<'lorence M. Mur-
dock and that of the estate of Robt. R. J<'ox to the
mere stone at the poiut of beginning. Said lot con-
tains about one hundred and fifty-three square rods,
be the same more or less. Also all thut lot and par-
cel of land sitnated on the said Pisher's Island, in
the Town, Couutyand State aforesaid, hounded and
described as follows: Beginning at a mere stone on
the north side of Equestrian Avenue, so called, and
hy course of compass north fifty-three degmcs west
one hundred feet from the second mere stone in the
first describcd lot ancl rnnning by compass north
three and one-half degrees east seventeen feet to a
wall; thence easterly by and along the said wall
about fifty- two feet to the point where the north
liue of Equestrian Avenue crosses said wall; thence
westerly along the line of said avenue to the point
of beginning. Said lot containing about two square
rods, be the same more or less.
Covenants 1, 2 and 4 above referred to.
,
131
77.
,
DEED B. AND S.
James H. Lyles, 'frustee, &c.,
to
Emeline H. Nash.
Dated 24th April, 1885. Recorded 4th August,
1885, in Libel' 290, p. 348.
Conveys:
All that lot and parcel of land situated on Fish-
er's Island, in the Town of Southold, Couuty of
Suffolk and State of New York, bounded and de-
scribed as follows: Beginning at the northwest ear-
ner of the intersection of Crescent and Orchard
A venues, so-called, and rnnning by compass west
nine and one-half degrees south aloug the line of said
Orchard A venne two hundred feet; thence at right
angles lathe line of said Orchard Avenneand by com.
pass north nine and one-half degrees west one hnn-
(hed and eight feet; thence by compass east ten
degrees north two hundred and forty-nine feet to
the west line of Crescent A venne; thence by aUlI
along the west line of said Crescent A venne and by
compass south thirteen and one-half degrees west one
hundred and twenty-three feet to the point of be-
ginning. Said lot contains eighty-nine sqnare rods,
be the same more or less.
Covenants 1, 2 and 4 above refel'l'ed to.
P. A.
Fay Fox and Bessie Fox
to
James H. Lyles.
Dated 14th September, 1885. Recorded 15th
September, 1885, in Libel' 291, p. 138.
Empower:
"To sell at his discretion at any time, at public
or private sale and on such terms as to him may
132
seem tit, the whole or any portion of the real estate
of which we are seized on said Fisher's Island, and
the several small islands contiguous thereto, called
the Hamocks and \Vicopesset, or to mortgage or
lease the whole or any portion thereof, and for that
purpose is hereby authorized and empowered to
execute all the necessary deeds of conveyance, mort-
gages or leases, with full power to convey as thongh
he was vested with the title in fee simple.
,
P.oFA.
Fay Fox and Bessie Fox
to
James H. Lyles.
Dated 14th September, 1885. Recorded Septem-
ber 15th, 1885, in Libel' 291, p. 139.
Empower:
"To take the entire management of our property,
with full power to sell the whole or any part thereof,
or to make purchases for the use and benefit of the
same, and to employ such agents, employees and
servants in connection therewith as to him shall
seem proper.
DEED.
James H. Lyles and Harriet F.,
his wife,
to
Fay Fox and Bessie Fox.
Dated 14th September, 1885. Recorded Septem-
ber 15th, 1885, in Libel' 291, p. 14U.
Conveys;
" All that certain island situate, lying and beiug
in the County of Suffolk and State of New York,
called Fisher's Island, with the several small
islands contiguous thereto, called the Hamacks
133
and VV icopesset, with the bllilding" thereon sit-
uated, cxcepting so much thereof as has been here-
tofore conveyed by said James H. Lyles, one of the
parties of the first part."
See Liber 221 of Deeds, p. 426.
,
78. DEED.
Fay Fox and Bessie Fox, by
Attorney,
to
Harriet A. Joslyn.
Dated 16th Sept., 1885. Recorded 24th Sept.,
1885, Liber 291, p. 246.
Conveys:
" All those certain lots, pieces or parcels of land
known and designated as lots nnmber one, two and
twel ve, Seotion 13, upon a certai n map entitled
".Map of lots on Fisher's Island, including the High-
land Range between the Great Harbor aud Atlantic
shore," filed in the office of the Clerk of Sllffolk
County, State of New York, on the 2::Jd day of Sep-
tember, 1878, and numbered 3::39 in said office."
Covenants 1, 2 aud 4 above returned.
79.
DEED.
Fay Fox and Bessie Fox, by
Attorney,
to
Nellie A. Lincoln.
Dated 24th Sept., 1885. Recorded 2d Oct., 1885,
Liber 291, p. 338.
Conveys:
" All that certain lot, piece or parcel of land situ-
ate, lying and being on said Fisher's Island and
boulllle(l and described as follows: Beginniug at a
mere stone at the south west corncr of said lot and
on the north side of Crescent Avenue twenty-five
1.')4
feet from its centre, which mere stone is one hun-
dred and eighty-three feet six inches (lR3 ft. 6 in.)
south seventy-nine and one-quarter degrees (79r')
east from a stone set at the northeast comer of
Crescent amI Dolphin A venues, so called, and
marked by three drill holes in the top and from
which the spire of the chll1'ch on Fishel" s Island
hears south eight and three-quarter degrees east
(S. 8,/-0 K), New Lowlon Light House north forty-
two degrees west (N _ 420 W.) north Hammock Light
Honse towel' north fOlll'teen degrees east (N. 140 Eo)
and Latimer Heef Light House north seventy-follr
awl one-half degrees east (N. 74~o E.) and running
fl'OlIl the first-mentioued mere stone by compass
north nineteen degrees east (N. 190 K), about two
huwlred 'Iud teu feet (210) to high water mark on
Fisher's Islaml Sound; then commencing at the
said mere stone at the sonthwest cornel' of the lot
and mnning by and along the north side of Crescent
A venue twenty-five feet from its centre by compass
sonth seventy-nine and one-quarter degrees east
(S. 7lJi E.) eighty-two feet to a stake; theuce north-
erly and by compass north thirty-four degrees east
(N. 340 E.) abOllt one hundred and eighty-seven feet
(187 ft.) to high water mark on Fisher's Island
Sound; thence by and along the line of high water
on Fisher's Isla!Hl Souud northerly and westerly
about one hnudred and tltil'ty feet (lBO ft.) 01' till it
intersects with the Iirst-namedline, containing about
seventy-seven square rods, be the same more or
less."
Covenants 1, 2 and 4 above returned.
"
so. DEED.
Fay Fox and Bessie Fox, by
Attorney,
to
lIfrs. Fannie B. Chipman.
Dated 2d Nov., 1885. Reeorded 27th Nov., 1885,
Libel' 292, p. 320.
]35
I
Conveys:
" All that certain I,iece or parcel of land situate,
lying aud being on l<'isher's Island, County of Suf-
folk and Sta te of New York, described a" follows:
Commeneing at a mere stone at the northwest cor-
ner, which corner is thirty-feet from the centre or
Ettrick Street and twenty live feet from the centl'l,
of Oceanic A venue; thence easterly by and along
the south side of Ettrick Street ninety-two feet to a
mere stone; thence in a southerly direction three
hundred and thirty-six feet to Dudee Street: thence
westerly and northerly by and along Durfee Street
to Oceanic Avenue (242) two hundred and forty two
feet to a mere stone; thence northerly on the east
side of Oceanic Avenue one hundred and eighty-five
feet to the point of lleginning (cor. EUrick St. and
Oceanic Avenue)."
Covenants 1, 2 and 4 above returned.
-~
81. DEED.
Pay Pox aud Bessie Pox, lly
Attorney,
to
Mrs. Pannie B. Chipman and
Edward A. Seccomh.
Dated lOth Nov., ]885. Recorded 5th Dec., 1885,
Libel' 292, p. 440.
Conveys:
All that certain piece or parcel of land situate,
lying and being onPisher's Islan(l, County of Suf-
folk and State of New York, bounded and described
as follows: Commencing at a rock at the southeast-
ern end of the wall which is at northerly end of the
Bowers' Ice Pond, said rock being near the water-
line of the said pond and marked with a drill hole,
and running from thence by and along the shore of
said poud to a mere stoue which bears hy compass
from the aforesaid rock south fifteen degrees east
136
(S. Hi" E.) and distant in a direct line fifty feet six
(6) inches (50'6"); thence by compass north seventy-
on" and three.qnarters degrees east (N. ?li" K)
forty-two feet to a mere stone; thence by compass
north thirty and three-quarters degrees west (N.
30<10 \V.) Ii ity-seven feet (57) to a mere stone; thence
by compass south sixty-two amI one-half d"grees
wcst (S. G,z;," \V.) twenty-seven feet and six inches
(27' (V') to the rock at the place of begiuning. Said
lot contains abont six and three.q [tarter square rods,
be tIle Hallie more or less. Together with a rig'ht of
way to said lot in and over a certain strip of land
rnnning fmm the northerly corner of said lot by and
along the ridg" of plowed land till it reaches Cres-
cent A.\'(mnn so-called. 'rho bearings by compass of
the northerly and w"stedy intersection of said right
of way with the line of Crescent Avenne from the
northerly cornel' of the ahove-described lot being
north thirty degrees east for the said parties of the
second part, t.heir heirs and assigns and theil' ser-
vants amI the tenant" and oecupants from time to
time of the pr(~miSeH ahove granted, and any other
person or IJerSOllR, for their benefit and advanta.ge in
commOIl with the said parties of the first part, their
servants and the tenants and occnpants of their
premises adjoining at all times freely to pass anti
repass on foot or with animals, vehicles, loads or
otherwise to and fro between the premises hereby
granted and the highway or street. The said strip
of land and way being twelve feet wide.
Covenants 1, 2 and 4 above returned.
~
-
DEED.
Fay Fox and Bessie Fox, by
Attorney,
to
Frank R. Stillman.
Dated 1st December, 1885. Recorded 17th Deeem-
her, 1885, Libel' 292, p. 569.
82.
137
,
Conveys:
" All those certain lots, pieces or parcels of land
situate, lying and being on Fisher's Island, Suffolk
County, State of New York, comprising lots Nos. 4
and 5 and the small lot bounded on the north by lot
No.5, east by Great Harbor, south by "The Gloam-
ing," a street so called, and west by lot (No.4) num-
ber four, all of section seven (7), said lots being fur-
ther described as follows: Commencing at a stake
on the north side of "The Gloaming," a street so
called, at the intersection of the Jines of lots Nos.
three, four and six of section seyen and the north
line of "The Gloaming," and running from thence
by compass north 16r east one hundred and seventy-
tive feet to a stake at the northwest corner of lot No.
4; thence by compass north 16io west about two
hundred feet to the shore of Great Harbor; thence
by and along the shore of Great Harbor southerly
and easterly to the north of " The Gloaming," street
so called; thence westerly aloug the north line of
said avenne to the point of beginning. Said lots
contain about two hundred square rods, be the same
more or less. Said lots are upon a certain map en-
titled" Map of Lots on Fisher's Islaud, embradng
the Highland Hange between the Great Harbor and
the Atlautic Shore," tiled in the office of the Clerk
of said County of Suffolk on the twentr-third day of
September, 1878 (eighteen hundred and seventr-
eight), and numbered 339 (three hundred and thirty
nine) in said office."
Covenants 1, 2 and 4 above returned.
DEED.
Fay Fox and Bessie Pox, by
Attorney,
to
Annie Nicoll Hoes.
Dated 19th March, 1886. Recorded 3d April,
1886, Libel' 295, p. 80.
83.
4
138
Conveys:
" All that certain piece or parcel of land situated
upon :B'isher's Island, in the County of Snffolk and
State of New York, boundpd and described as fol-
lows: Commencing at a point distant twenty-five
feet northerly from the centrp of Eq upstrian Avenue
on the easterly line of land owned by George H.
Bartlett, and running thence northerly by amI alon~
said easterly line of land of George H. Bartlett one
hundred and twenty-four (124) feet to the shore of
Hay Harbor at high water mark: thence easterly
along said shore sixty-five (65) feet to a stone bound:
thence southerly one hundred and twenty-one fpet
(121) to the north side of thp said Eq nestl'ian A venue;
thence westerly by and along the northerly line of
said Equestrian Avenue ninety-five (95) feet to the
point of beginniug. Said described lot contains
about thirty-six (36) square rods, be the same more
or less."
Covenants 1, 2 and 4 above returned.
"
-
84.
DEED.
:B'ay Fox and Bessie Fox, by
Attoruey,
to
Robert Sauter.
Dated 27th April, 1886. Recorded 5th May, 1886,
Libel' 295, p. 474.
Conveys:
" AU that certain lot or parcel of land sitrlltted and
lying on :B'isher's Island, in the Town of Southo]d.
County of Suffolk, and State of New York, known
as Lot No. twenty-one (21) of North Hills lots, as
surveyed by K B. Jennings in 1884, bounded and
desoribed as follows: Beginning at a stake at th"
sortthwest corner thereof, whioh stake is on the
easterly side of Dolphin Aveuue, bearing by compass
i.
.
,
,
,
..
139
,
north three and one-half degrees east (No 3~ Eo) two
hundred and sixty feet (260 ft.) from a mere stone
set at the northeast comer of Dolphin and Circuit
Avennes; said mere stone is marked by three drill
holes in its top, from which the church spire on
Fisher's Island bears south eight and three-qnarter
degrees east (80 8% Eo), New London Light House
north forty-two degrees west (No 42 \Vo), North
Hammock Light House Towel' north fourteeu de-
grees east (No 14" E.), and Latimer Reef Light
House north seventy-four and one-half degrees east
(N. 74~ E.), and runninp; by compass eighty-six and
one-half degrees east (So 86~Eo) one hnndred and
sixty feet (160) to high-water mark on the shore of
Fisher's Island Sound; thence commencing at the
first mentioned stake and runninp; northerly by and
along the east line of Dolphin Avenue and by com-
pass north three and one-half degrees east (N. 3~o E.)
eighty feet (80) to a stake; thence easterly and by
compass south eighty-six and one-half degrees
east (So 86t Eo) one hundred and thirty-three feet
(133) to high-water mark on the shore of Fisher's
Island Sound; thence southerly following the line
of high-water mark till it meets the first men-
tioned line of this lot; said lot to contain about
forty-three (43) square rods, be the same more or
less.
Covenants 1, 2 and 4 above returnedo
,~
-
,
DEED.
James Ho Lyles, Trustee, &co,
to
James Barry.
Dated 3d Altg., 1tl850 Recol'ded 12 Aug., 1886,
Libel' 297, po 3240
86.
Conveys:
"All that lot and parcel of land situated on
140
~'isher's Island, Town of Southold, COlmty of Suf-
folk, and State of New York, bounded and de-
scribed as follows: Beginning at a rock which is
marked with a drill hole in the top at the north-
east cornel' of Crescent and Orchard Aveuues so
called and running along the east line of Crescent
Avenue and by compass north thirteen and one-
half degrees east foul' hundred and six feet to the
corner of an angle in the aforesaid Crescent A venne;
thence easterly along the south line of said avenue,
and by compass east six degrees south ninety feet
to a stake; thence southerly amI by compass south
fOlll.teen and one-half degrees west three hundred
and eighty-fOllr feet to a rock, which is marked
with a drill hole in the top, and situated on the
north side of the before mentioned Orchard Avenne;
thence westerly by and along the north line of
Orchard Avenue ninety-one feet to the rock at the
poiut of beginning, said lot containing one hun-
dred and thirty square rods, be the same mare or
less.
Covenants 1, 2 and 4 above returned.
,
~,
86.
DEED.
Fay Fox and Bessie Fox,
by Attorney,
to
Fannie B. Chipmau.
Dated 7th Aug., 1886. Recorded 27th Aug.,
1886, Libel' 297, p. 478.
Con veys :
" All that certain piece, lot or parcel of land lying
or being on Fishel" s Island, Suffolk County, State
of N ew York, described as follows: (Description of
land between lot No.7, Section 14, of the High-
land Range, survey and map, and the highway
known as Ettrick Street), commencing at a post at
141
~
the southeast corner of lot No. 7 (number seven),
Section fourteen (XIV.) of above map, said lot
being now owned by Fannie B. Chipman, and run-
nin~ westerly from said post along the south line
of said lot one hnndred and fifty-five feet (155) to
a post at the southwest corner of said lot and on a
line of the highway called Ettrick Street; thence
easterly by and along the north line of said high-
way ancl by eompass north fifty-nine clegrees east
(N.59 E") one hundred and sixty-two feet to the
corner ot said h'ghway and Halcyon Avenne;
thence northerly in a line of Halcyon A venne
twenty feet (20) to the point of beginning; sailllot,
contains about four sqnare rods, be the same more
or less."
Covenant 1, 2 and 4 aboved returned.
-~
87.
DEED.
Fay Fox and Bessie }<'ox,
by Attorney,
to
Fannie B. Chipman.
Dated 7th Aug., 1886. Recorded 27th Aug., 1886,
Liber 297, p. 481.
Conveys:
" All that certain lot, piece or parcel of land situ-
ateel being 01' lying on }<'isher's Island, Connty of
Snffolk, State of New York, bonnded and described
as follows: Beginning at a post set at the intersec-
tion of Durfee Street with the highway known as
Ettrick Street at the southeasterly corner, and rHn-
ning from said post by and along the SOli therly si<1e
of the aforesaid highway and by compass north
seventy-four degrees east (N. 74" E.) one hunched
and twenty feet (120 ft.) to a post; thence sou therly
on a line between lots Nos. 3 and 4 of Seetion XlI.
of the map of lots on }<'isher's Island, embraeing
142
tile Highland Range between the Great Harbor and
Atlantie shore two hundred and seventy-fonr feet
(274 ft.) to the north line of Durfee Street; thence
westerly by and along the nOl'therly line of said
DllI'fee Street about t.wo hundred feet (200 ft.) to a
po.,t set at an angle in said street; thence northerly
and by compass north one and one-half degrees east
(N, 1i' E.) along t.he easterly line of Durfee Street
one 11lIndrelT and forty-two feet (142 ft.) t.o the point
of bpginning. Said lot eontains about one hundred
sq tlam rods (100 sq, rods), be the same more or less.
Covenmlts 1, 2 and 4 above returned.
}
88.
D>;"D.
Fay Fox aud Bessie l<'ox, by attorney,
to
Lallm E. Chipman.
Dated 4th of October, 1886, Recorded 9th of
Octob',r, 1886, in Libel' 298, page B90.
Conveys:
,. All that certain tract or parcel of land situate
on Fisher's Island, in the Town of Southold, County
of Suffolk and State of New York, which is shown
on a map of lots on Fisher's Island, made by E. B.
.Iennings, aneT filed in Suffolk County Clerk's office
September 23d, 1878, and numbered 339. bounded
and descl'ibed as follows: Begiuniug at a rock with
llrill holes au the southwesterly shore of Great Har-
bor anll southerly of the road leading to the wharf
as laid down on said lnap, and running thence south
47Jt west four lmneTred and thirty-one (431) feet,
crossing the circular drive as laid down on said map;
thence north 54io west five hundred and fifty feet
(550); theMe north 28'to east two hundred (200) feet
to the southwesterly side of said eircular drive sotlth
610 Past [OlU' hundrell aneT eight (4C8) feet to a point
where the southeasterly side of said road leading to
-,--
143
~
the wharf if extended southwesterly would strike
the same; thence along the southeasterly side of
said road leading to the wharf north fi1 0 east
three hundred and forty (340) feet to the south west-
erly shore of Great Harbor, and thence alonl( the
shore of Great Harbor sontheasterly to the point of
heginning, excepting therefrom so mueh of the
above-described premises as is included in said cir-
cular drive as laid down on said map, containing
foul' and three-qnarters acres of land, be the same
more or less, being the same premises which were
conveyed by .Tames H. Lyles, Trustee, &c., to
Charles L. Richards, Henry L. Parker and .Tames
M. Meech by deed dated August 24th, 1877, and re-
corded in Suffolk County Clerk's office in Liber 230,
page M9, on the 15th day of October, 1877.
89.
DEED.
James H. Lyles, Trustee,
to
William A_ Hedge.
Bargain. and sale, dated Jan. 15th, 1884. Re-
corded Oct. 27th, 1886, Libel' 299. p. 28.
,/
Conveys:
All that certain piece or parcel of land situate.
lying and being on Pisher's Island, Conntyof Suf-
folk and State of New York, known and designated
a,<;:j lot No.6, section No.7, upon a. certain map
entitled, "Map of lots on Pisher's Island, including
the Highland Ranl(e between the Great Harbor and
Atlantic shore," med in the oflice of the Clerk of
Suffolk County, State of New York, on the 23d day
of September, 1878, aud numbered 339 in said office.
Covenants 1, 2 and 4.
144
90.
DEED.
Fay Fox and Bessie Fox, by Jas.
H. Lyles, Atty.
to
vVilliam E. Stone.
Dat",] Angust 30, 1887. Recorded Sept. 12, 1887,
Libel' 30il, p. 350, &c.
Con\reys:
All that 01' those pieces or parcels of lam] situate,
being and lying on Pisher's Island, Suffolk County,
State of Nmv York, known as Bell Hill Lots six (6)
and (7) seven, but fmther described as follows: Be-
ginning at a stake set on the westerly side of Cres-
c<mt A venue, which stake bears by compass north
one degree east (N. I" E.) distant one hundred and
fifteen feet (115 feet) from a mere stone, sai,] stone
being set at the intersection of the west lines of
Crescent A venue and Rar(,]ett A venue, anr! running
from the first mentioned bounds westerly and by
compass north eighty-nine degrees west (N. 890 west)
three hundred and sixty-one feet (361 feet) to a
stake set near high-water mark on the east shore of
Little Hay Harbor; thence nOl'therly following the
line of high-water mark and by compass in a direct
line north twenty-fonr degrees (24') cast two hun-
dred and thirty feet (230 feet) to a stake and bunch
of stones; thence easterly and by compass sonth
eighty-nine degrees east (S. 89' E.) three hnndred and
twenty-nine feet (329 feet) to a stake set on the west-
erly line of Crescent .Avenue; thence southerly by
and along the west line of said avenne and by com-
pass sonth twenty-two degrees west (S. 22' 'V.) one
hundred and twenty-feet (120 feet) to a stake set at
the intersection of an angle in said avenue; thence
southerly following the west line of Crescent A venue
by compass south one degree west (S. I' 'V.) one
hundred and fifteen feet (115 feet) to the stake at
the point of beginning. Said lot contains abont two
)
-
~
145
hundred and seventy-nine square rods (27U), be the
same more or less. The right of way for public use
by a path six feet (6 feet) wide is reserved along the
shore of Little Hay Harbor.
Covenants 1, 2 and 4.
(
91.
-
DEED.
James H. Lyles, Trustee, &c.,
to
William H. Fones.
Dated Sept. 20, 1881. Recorded April 19, 1888,
Libel' 310, P 222, &c.
Conveys:
All that certain lot, piece or parcel of land situate,
lying and being on INsher's Island, in the County
of Suffolk and State of New York, bounded and
described as follows, viz.: Commencing at a point
coinciding with a point which marks the southwest
cornel' of said Pones' present lot, on the easterly line
of Equestrian Avenue; thence southeasterly by and
along said Fones' feuce three hundred aud ten feet
to the southerly corner of lot at a poiutiu the north-
westerly side of Vulcan Aveuue; thence southwest-
erly by and aloug Vulcan Avenue forty-one feet to
a point in said wall; thence northwesterly three
hundred and five feet to the poiut of beginning.
Covenants 1 and 2.
~
.
DEED.
Fay Fox and Bessie Fox
to
Bathsheba E. Barlow.
Dated Nov. 13, 1886. Recorded Nov. 22, 1886,
Liber 299, page 394.
92.
146
Conveys:
All those two certain tracts or parcels of land,
situate, lying and being on Fishel" s Island, in the
County of Suffolk and State of New York, and
which are bounded and described as follows, viz:
The first tract beginning at a post seton the easterly
shore of Ureat or 'Vest Harbor at high-water mark
and about thirty (30) feet northerly from the north
corner of the bnilding known as Barlow's ice house,
which said post marks the western corner of the lot,
am] running from the said post southeasterly and
by compass sonth forty-four and one-half degrees
east (S. 441' E.) one hundred and seventy (170) feet
to a post set at the southerly corner of this lot and
on the westerly side of a roadway. This before-
mentioned line passing by the east corner of said
Barlow's ice house at a distance of twenty (20) feet
from it; thence rnnning by and along the westerly
side of the before-mentioned roadway and by com-
pass north thirty-nine and one-half degrees east
(N. 391' E.) two hundred and eighty-two feet (2K2)
to a post; thence northerly and westerly and by
compass north forty-nine degrees west (N. 490 'V.)
two hundred and fifteen (215) feet to a rock on the
shore at high-water mark, said rock being marked
with a drill hole on its northern side; thence south-
westerly and by compass south thit.ty degrees west
(S. 300 \V.) two hundred and sixty-six (266) feet in
a direct line to the post at the point of beginuing,
the last-mentioned line to follow the course of ordi-
nary high-water mark, so as to include all the laud
above it; said lot contains about one l010 acres, bn
the same l1101'e or less. The second tract, beginning
at a post set at tlie westerly corner, which corner is
fifty-one feet (51) by compass sonth forty-four and
one-half degrees east (S. 44tO K) from the sontherly
corner of lot No.1 and on the easterly side of the
road way mentioned in the description of said lot,
and running from thence by compass south forty-
four and one-half degrees east (S. 4410 E.) five hun-
\
-
147
f
dre" and thirty-three (5il3) feet to the north shore of
the ice pond to a post; thence following the shore of
the pond at its high water line till it reaches a point
marked by a post bearing from the last-mentioned
bonnd by compass north sixty. two and one-half de-
grees east (N. 62t 0 E.) and distant in a direct line
one hundred and seventy-four feet (174); thence
northwesterly and by compass north forty-two and
one-half degrees west (N. 42tO \V.) six hundred and
eight feet tv a post set on the easterly side of the
before-mentioned roadway, said line passing through
the centre of a large oak tree twelve (12) feet from
its starting point; thence sonthwesterly by and
along the said roadway and by compass south
thirty-nine and one-half degrees west (S. 3910 \V.)
one hundred and eighty-eight (188) feet to the point
of beginning; sai,J described lot contaius about
two ana T\4fi acres, be the same more or less. Saving
and reserving unto said parties of the first part the
right of way <,vel' and across sai,J premises at any
and all time until such time as the road now pass-
ing between the two parcels above described shall
have been opened to the public. It being expressJy
understood that nothing herein contained is to be
construed as passing title to the pond upon which
the above-described premises border or the land
under the same.
Covenants 1, 2 and 4.
-
93.
DEED.
Fay Fox and Bessie Fox
to
School District No. 18, Town of
Southold.
Dated Feb. 23d, 1888. Recorded June 13th, 1888,
Libel' 311, p. 367.
148
Conveys:
All that lot and parcel of land situate and lying
on 1,'is1ler's Island, in the Town of Southold, County
of Suffolk and State of New York, boun<1ed and <1e-
scribed as follows: Beginning at a stake set, on the
east side of the public highway known as Oriental
Avenue, at the intersection of its easterly line with
the southwest line of Alpine Avenue, so calle<1, aud
running from thence southeasterly by and "long the
southwesterly line of Alpine Avenne two hundred
and seven feet (207 ft.) to a stake, said stake being
set in the cornel' of an angle in said Alpine Avenue;
thence westerly abollt olle hundred and forty feet
(140 ft.) to the east line of the above-mentioned
pnblic highway, known as Oriental Avenue; thence
northerly by and along the east line of said highway
one hundred and fifty-six feet (156 ft.) to the poiut
of beginning. The above-described lot being known
as lot No.1, Sec. 3, of Highland Range survey of
lots on Fisher's Island. Said lot' contains about
forty square rods (40 sq. rods), be the same more or
less.
Covenants 1, 2 and 4.
)
-
94.
Dl;ED.
Fay F'ox and Bessie Fox
to
Sarah E. Starkweather.
Dated Aug. 22d, 1888. Recorded Aug. 28, 1888,
Libel' 312, p. 439.
Conveys:
All that lot and parcel of land situated and
lying on Fisher's Island, Town of Sonthold,
County of Suffolk and State of New York,
bonnded and described as follows: Beginning
at a stake set at the intersection of an angle
in Selkirk A venne, so-called, and at the south west
149
(
corner of said angle, and running from said stake
southerly two hundred and sixteen feet (216 ft.) to
a stake set on the easterly side of Oriental Avenue;
thence northwesterly by and along the easterly line
of Oriental Avenue one hnndred and lifty-five feet
(155 ft.) to a stake set at the intersection of Oriental
Avenue, with Montauk Avenue on its easterly side;
th"nce northerly by and along the easterly line of
Montauk Avenne seventy-four feet (74 ft.) to a
stalw; thence easterly one hundred and seventy-six
feet (17iJ ft.) to a stake set on the westerly side of
Selkirk A venne; thence southerly by and along the
westerly side of Selkirk Avenue eighty-three feet
(8B ft.) to the stake set at the point of beginning.
The above described lot is still further described as
being lot No.3, Sec. 8, of Highland Range survey of
lots on Fishel" s Island, and containing about oue
huudred and ten sqnare rods (110 sq. rods), be the
same more or less.
Covenants 1, 2 and 4.
~
~
DEED.
~'ay Fox and Bessie ~'ox
to
Fanny J. Wiswell.
Dated Sept. 8, 1888. Recorded Oct. 22, 1888,
Libel' 313, page 399.
Conveys:
All that lot and parcel of land situated and lying
on ~'isher' s Island, Town of Sonthold, County of
Suffolk and State of New York, bounded and de-
scribed as follows: Beginning at a post set at the
northwest corner thereof, which said post also marks
the southwest corner of lot No.3, Sec. 6, of High-
land Range snrvey of lots on Fisher's Island and
on the easterly side of Montauk Avenue, and run-
ning from thence easterly along the south line. of
95
150
said lot No. [j one hundrecl and seventy-six feet
(17ft ft.) to a post; thence sOlltherly seventy-six feet
(76 ft.). to a stake; thence westerly one hundred ami
one feet (101ft.) to a stake set ou the east side of
~[ontauk Avenne; thence northerly along the east
liue of said avenue one hundred and thirty-eight
(1:lR ft.) to the post at the point of beginning, said
lot being fllrther described as lot No.4, See. 6, of
Highland Range sllrvey of lots on :B'isher's Island,
awl eoutains abollt forty-eight square rods (48 sq.
rds.), be the same 1II0re or less.
Covenauts 1, 2 aml 4.
\
DEED.
Fay Fox and Bessie :B'ox,
by Attorney,
to
Christian Hansen.
Dated 10th Sept., 1887. Recorded 22d June, 1889,
Libel' 320, p. 379.
Con veys :
" All that certain piece or parcel of land situated,
lying or being on Fisher's Island, County of Suffolk,
State of New York, kuown and described as lot No.
three (3), seetion two (2), upon a eertain map en-
titled 'Map of lots on Fisher's Island, embracing
the Highlaml Range between the Great Harbor and
the Atlantic shore,' filed in the office of the County
Clerk of Suffolk County, State of New York, and
numbered 339 in said office."
Covenants 1, 2 and 4.
96
-
"
DEED.
James H. Lyles, Trustee, &c.,
to
Christian Hansen.
Dated 1st Oct., 1878. Recorded 22d June, 1889,
Libel' 320, p. 377.
151
(
Conveys:
" All those certain lots, pieces or parcels of land
situate, lying and being on Fisher's Islaud, in the
County of Suffolk and State of New York, and
which are known and described as lots numbers one
(1) and two (~) of sectiou one (1), upon a certain
llIap entitled' Map of lots on Fisher's Island, elll-
braeing the Highland Range between the Great
Harbor and the Atlautic shore,' filed in the offiee
of the Clerk of the said County of Suffolk, au the
23d day of September, 1878, and numbered 339 in
said office."
Covenants 1 and 2.
97
DEED.
Fay Fox and Bessie Fox
to
Augustus C. Markham.
Dated 10th June, 1889. Recorded 20th June,
1889, Liber 320, p. 341.
Conveys:
"All that certain lot, piece or parcel of land situ-
ate, lying and being upou Fisher's Island, in the
Connty of Suffolk and State of New York, an,]
honnded and described as follows: Commencing at
a point in the centre of a rock marked by a drill
hole, said drill hole being at the sonthwest corner
of said lot, and at the intersection of two contem-
plated streets, said streets bounding said lots on
three of its sides, viz., nortlwrly, southerly and
westerly, said starting point or drill hole being thirty
feet easterly of a stake driveu into the ground, and
forty feet northerly from a bonlder near the surface
of the ground; thence north eighty three degrees
east one hundred and ninety-foUl' feet to its sonth-
east corner; thence north thirteen and a half de-
grees west two hundred and thirty-three feet to its
-
-
152
northeast corner; thence south eighty degrees west
one hundred and eighty-eight feet to its northwest
comer; thence south twelve and a quarter degrees
east two hundred and twenty-one feet to the point
of departure, containing one acre of laud."
Covenants 1, 2 and 4.
)
MORT. $1700.
Harriet A. Lyles and James H. Lyles
to
Henry H. Fay.
Dated 27th May, 1885. Recorded 2d June, 1885,
in Libel' 167, p. 359.
Affects:
" All that certain lot, piece or parcel of land sit-
uate, lying a.nd being on -b1isher's Island, in the
County of Sllffolk and State of New York, and which
is situated and lies between Oriental and Crescent
Avennes and Equestrian Avenue and Athol Crescent,
containing- three (:3) acres, he the samH Inore or less,
anrl which is known and described on a certain ""'p
entitlell "Maps of lots on Fisher's Island, embrac-
ing the Highland Range between the G,'eat lIarbol'
and the Atlantic shore," /iled in the office of tl18
Clerk of said County of Snffolk, on the twenty-
third day of September, 1878, and numbered thme
hnndred and thirty-nine (339) in said office, subject,
however, to the restrictions and covenants against
nuisances contained in the deed of said premises to
said Harriet A. Lyles, dated April 10th, 1879, and
recorded in said Sllffolk County Clerk's Office."
Nothing "Ise found.
\Vituess my hand and the seal of the County
of Suffolk, at Riverhead, N. Y., this 1st
[L.S.J day of July, 1889.
ORANGE T. FANNING,
Clerk.
-
...
153
(
Premises:
" All that certain island situate, lying and being
in the Town of Southold, County of Suffolk and
State of New York, caned Fisher's Island, and the
several sman islands adjacent thereto, called the
Hamocks and Wicopesset."
SU~'FOLK COUNTY, }
Clerk's Office, sS.:
I, ORANGE T. FANNING, Clerk of said County, do
hereby certify that I have searched the records in
this office for conveyances or mortgages made by
Fay Pox, Bessie or James H. Lyles, individuany or
as attorney or trustee, or any of them or either of
them, from the 1st day of July, 1889, to the 1st day
of August, 1889, and find:
r
,
99. DEED,
Fay Fox and Bessie Fox
to
Florence M. Murdock.
Dated 25th J line, 1889. Recorded July 11th,
1889, in Libel' 321, page 29.
Conveys:
" An that certain lot and pm'cel of land situate
and lying upon Fisher's Island, in the Town of
Southold, County of Suffolk and State of New
York, bonnded and described as follows: Beginning
at a stake or bound which is set in the northerly
side of Equestrian Avenne, so called, which said
bound marks the southwesterly corner of a lot of
land owned by "William A. Hedge, and which is also
the southeasterly corner of the herein described lot,
and running from said bound westerly by and aloug
the north side of the above-mentioned Equestrian
Avenue and by compass sonth fifty-two and one-half
del!;rees west (S. 52!O vV.) two hundred and sixty feet
--
11>4
(260 ft.) to a stake set on the westerly side of a
stone wall or fence; thence sonth sixty-two degrees
west (S. 62" W.) seventy-feet (70 ft.) to a stake or
bound; thence northerly and by compass north
twenty-nine and one.lmlf degrees west (N. 29tO'V.)
one-hundred and seventy-two feet (172 ft.) to a stone
wall or fence; thence easterly following the line of
the said wall and by compass south seventy-five
and one-half degrees east (S. 75t" E.) ninety-two
feet (92 ft.) to a turn or angle in the line of the wall;
thence north seventy-two degrees east (S. 72" E.) two
hundred and seventy-five feet (275 ft.) to the west-
erly line of the land of William A. Hedge; thence
southerly by compass south three and one-half de-
grees east (S. 3t" E.) seventeen feet (17 ft.) to the
point of departure. Saiellot is bounded and joins
on the north land of the above-named patty of the
second part, Florence M. Murdock, east by land of
William A. Hedge, south by the pnblie highway
known as Equestrian Avenne, west by land of Fay
Fox and Bessie Pox, parties of the first part to this
conveyance, and contains about ninety square rods
(90 sq. rods), be the same more or less.
Covenants 1, 2 and 4.
)
~
98.
DEED.
Fay Pox and Bessie Fox
to
A bram Gifford.
Dated 25th June, 1889. Recorded July 11th,
1889, in Liber 321, p. 33.
Conveys:
" All that certain lot and parcel of land situated
and being upon ]<'isher's Island, in the Town of
Southold, County of Suffolk and State of New
York, boun,Jed and described as follows: Beginning
at the southwest corner of the lot, which said corner
.,
,
155
{
is made by the intersection of Montauk A venue
with the l'ublic highway known as Crescent Avenue
forty feet northerly from the south line of Montank
Avenue and fifty feet from the west line of Cres-
cent Avenue, and running by and along the easterly
side of said Cresceut A venue by compass north fonr
degrees east (N. 4" E.) about two hundred and fifty
feet (250 ft.) to a stake 01' bound set at the point of
an angle in the east liue of Crescent A venue, which
said point lies south seventy-six aud one-half de-
grees east (S. 75~" E.) from the southwesterly romeI'
of the highways known as Athol Crescent and Cres-
ceut Avenue aud distant fifty-one feet (51 ft.) from
said cornel'; thence northerly by compass with
twenty-fonr and a half degrees east (N. 24~o E.)
forty -seven feet and nine inches (47 ft. 9 in.) to a
stake 01' bouud; thence north forty-three degrees
east (N. 43" E.) thirty-nine feet and six inches
(39 ft. 6 in.) to a stake or bound set at the north-
westerly cornel' of the lot; thence easterly by com-
pass south sixty-three degrees east (S. 63" E.) one
hnndred and fifty feet (150 ft.) to a stake 01' bound
set at the northeasterly cornel' of the lot; thence
southerly by compass south eleven and one-half de-
grees west (S. 11~" W.) about three hundred and
twenty feet (320 ft.) to a stake 01' bonnd set on the
northerly side of Montauk Avenne; thence westerly
by and along the northerly side of Montauk Avenue
by compass north sixty and three-quarters degrees
west (N. 50!" W.) one hundred and twenty-five feet
(125 ft.) to the point of beginning. Said lot is
bounded on the north and east by land of Fay Fox
and Bessie Fox, the parties of the first part
to this conveyance, on the south by Montauk
Avenne, on the west by the pnblic highway known
as Crescent Avenne, and contains about one acre
of land, be the same more or less.
Covenants 1, 2 and 4.
~
156
Dmw.
Fay Fox and Bessie Fox
to
Henry E. Lyles.
Dated 11th July, 1889. Recorded July 15th, ]8R9,
Libel' 321, p. 71.
100.
)
Conveys:
All that certain lot, piece or parcel 01 land situ-
ate, lying and ueing on Fisher's Island, in the Town
of Southold, County of Suffolk and State of New
York, bounded and des<'ribed as follows: Com-
mencing at a mere stone which is marked by a drill
hole in the top thereof, and set on the westerly side
of Crescent Avenue at the point where it intersects
with Bartlett A venue, and running from said mere
stone northerly hy and along the westerly side of
said Crescent A venue and by compass north one de-
gree east (N. ]0 E.) one hundred and fifteen (115)
feet to a stake or bound set at the northeasterly
corner of the lot and also making the sontheast
corner of a lot of land owned by \Ym. E.
Stone; thence westerly by ancl along the southerly
side of the lot of said IV m. E. Stone and by com-
pass north eighty-nine degrees east (N. 890 E.)
three hundred and sixty-one (361) feet to a stake or
bound which is set near high water mark on the
easterly shore of the entrance to Hay Harbor, which
said stake or bound marks the north west cornel' of
the lot and also the southwest corner of land of the
aforesaid \Vm. E. Stone; thence southerly following
the line of the high water mark about two hundred
and fifty (250) feet to a stake or bound set at the
southwest corner of the lot; thence easterly and by
compass south eighty-nine degrees east (S. 890 E.)
tbree hundred and twenty-two (322) feet to a mere
stone set on the westel'ly side of the before meu-
tioned Bartlett A venue, which said stone marks
-or-
157
.r
.
the southeast of the herein described lot, the last
mentioned and described line being drawn parallel
to and two hundred and thirty (230) feet from the
north line of the lot, thence northeasterly by and
along the westerly side of Bartlett Avenue by com-
pass north thirty-six and one-half degrees east
(N. 36tO E.) one hundred and forty-one (141) feet to
the mere stone at the point of beginning. Sahllot
being further described as lots numbers 4 and 5,
Bell Hill lots, as surveyed by E. B. .J enning in Sep-
tember, 1883, and contains about two hllIldred and
ninety-seven (297) sq nare rods, 1.85 acres, be the same
more 01' less.
Covenants 1, 2 and 4.
101. DEED B. & S.
..... Fay Fox and Bessie Fox, by Attorney,
to
Christian Hansen.
Dated 16th July. 1889. Recorded 20th .Jnly, 1889,
Libel' 321, p. 159.
Conveys:
All those two certain lots, pieces or parcels of
land sitnate, lying and being on Fisher's Island, in
the County of Snffolk and State of New York, and
which are kno,vn and described as lots numbers one
(1) and two (2) of section two (2) upon a certain map
entitled" Map of lots on Fishel" s Island, embracing
the Highland between the Great Harbor and the
Atlantic shore," filed in the office of the Clerk of
said County of Suffolk, on the 25th day of Septem-
ber, 1878, and numbered 339 in said office.
Covenants 1, 2 and 4.
158
\V ARRANTY DEED.
Fay Fox and Bessie Fox, by At-
torney, and the said Fay Fox and
Bessie l<'ox, parties of the first
part, and James H. Lyles, indi-
vidually, pal'ty of the second
part,
)
to
Edmnnd M. Ferguson, party of the third part.
Dated 19th July, 1889. Recorded 22dJuly, 1889,
Libel' 321, p. 185.
Conveys:
'l'he premises, with one hundred and one excep-
tions, being deeds heretofore returned upon this
and a previous search made upon this property
dated July 1, 1889.
Nothing else found.
Witness my hand and seal of the County of
Suffolk, at Riverhead, N. Y., this 14th
[L.S.] day of August, 1889.
ORANGE 'f. FANNING,
Clerk.
.,..
The Clerk of the County of Suffolk will please
search in his office for judgments against the follow-
ing named persons for the periods specified:
Robert R. Fox,
Against
1 From December 1st,
H863, to September 30th,
J 1872.
~
,
159
{
Joseph S. Fay,
James R. Jessup,
Eliza D. Pox,
Paye Pox,
Bessie Pox,
Henry H. Parker,
James H. Lyles,
Individually, 0 l' as
trustee or as attor-
ney,
I
I
I
I
For 12 years last past.
And certify result in writing for Wm.
69 Wall Street, New York, attorney.
found.
M. Hoes,
Nothing
....
Witness my hand and the seal of Suffolk
County, at Riverhead, N. Y., this 1st day
[L. s.] of July, 1889.
ORANGE T. PANNING,
Clerk.
Continued the foregoing search to date and find
nothing.
\Vitness my hand and the seal of the County
of Suffolk, at Riverhead, N. Y., this 18th
day of July, 1889.
[L.S.] ORANGE T. PANNING,
Clerk.
.-
The Clerk of the County of Suffolk will please
search in his office for all notices of lis pendens, cer-
tificates of Sheriff's and Marshal's sales, notices of
foreclosnre by advertisement, insolvent assignments,
general assignments, appointments of receivers,
bonds of collectors and their sureties (from April,
1838), appointments of trustees of absconding, con-
cealed, non-resident or imprisoned debtors and ex-
emptions under homestead act, against the following
persons and for the periods set against their names
respectively (continuing for certificates of Sheriff's
160
and Marshal's sales to a date eleven years later than
the periods named, or to the date of return), as the
case may be:
John Still Winthrop, 1
Francis Bayard Win. 'I
throp, Fro m January 1st,
William Henry Wi n- r 1818, to December 30th,
throp, 11826.
'l'homas Charles Wi n- ,
throp, j
1 From December 1st,
William H. Winthrop, ~]826, to December 30th,
j 1863.
Thomas P. 'Winthrop, 1
Francis B. Winthrop,
.T ane P. Chester, }- From August 1st, 1860,
Mary T. Pratt, j to December 30th, 1863.
Dean Pratt,
Margaret Ann Winthrop,
George ~'. Chester, l ~'rom Angust 1st, 1860,
I to December 30th, 1863.
1 Prom November 1st,
~ 1863, to December 30th,
j 1875.
1 From September 1st,
~ 1871, to October 30th,
j 1886.
1 Prom September 1st,
~ 1871, to December 30th,
j 1875.
l Prom March 1, 1876,
f to June 30, 1876.
~'aye Fox, 1
Bessie If'ox, I
James H. Lyles, J From September 1,
Individnally, or as 1871, to date of retnrn.
tl'llstee or as attor-
ney,
}
4"
Robert R. Pox,
Eliza D. Pox,
James R. Jessup,
Joseph S. Pay,
--
Henry H. Parker,
161
(
And certify result in writing for W m. M. Hoes, At-
torney, 69 Wall Street, New York. Nothing found.
Witness my hand aud the seal of Suffolk
[L. s.l County at Riverhead, N. Y., this 1st day
of July, 1889.
ORANGE T. FANNING,
Clerk.
Continued the foregoing search to date against
Fay Fox, Bessie Fox and James H. Lyles, individ-
ually and as attorney and trustee, and find nothing.
Witness my hand and the seal of said County
[L. s.] at Riverhead, N. Y., this 18th day of
July, 1889.
-
ORANGE T. FANNING,
Clerk.
The County Treasurer of Suffolk County, New
York, will please search for all unpaid taxes and
assessments and sales for the same and other liens
in his office in any manner affecting the premises
hereinafter described, or any part thereof.
And certify the result hereon for .William M.
Hoes, attorney and counsellor, GO IV all Street, N. Y.
Premises.-All that certain island situate, lying
and being in the County of Suffolk and Stat.e of
New York, called Fisher's Island, and the several
small islands cont.iguous thereto ealled the" Hom-
ocks," "}I-'lat HanlIllock," "'Vest Chunp," ":Mid-
dIe Clump," "Bast Clump," and" IVicopesset,"
together wit.h t.he buildings thereon, being the same
premises conveyed uy George F. Chester, Jane P.
Chester and Mary T. Pratt to Robert R. l<'ox, by
deed dated December 2, 1863, recorded December 7,
1863, in the Clerk's office of Suffolk County, N. Y.,
in Libel' 124 of Conveyances, p. 162.
Against
Fay Fox, Bessie Fox, James H.
Lyles, individually 01' as attorney
or trustee.
I hereby certify that there is no record in my
-
]6~
office of any tax sales, or any unpaid taxes, affect-
ing the premises above described or any part thereof.
Riverhead, July 3d, ]889.
[L.S.] J. HENRV PERKINS,
Co. Treas.
I have continued the foregoing search to date and
find nothing.
,Vitness my hand and the seal of the Treas-
[L. s.] urer of Suffolk County, at Riverhead,
N. Y., this ]8th day of July, ]889,5 P.M.
J. HENRY PERKINS,
Co. Treas.
)
To the Title Guarantee and TT1tst Company.
Search in the office of the Clerk of the District
Court of the United States, for the Eastern District
of New York, for judgments, d,'crees, and all other
liens upon real estate, against the following named
persons, for the periods set opposite their names,
respectively
Joseph S. Fay, 1
Eliza D. Fox, I
Faye Fox,
~ For ]2 years last past.
Bessie Fox, I
Henry H. Parker,
James H. Lyles, J
Also, for petitions and decrees in bankruptcy,
since June ]st, 1867, against the following named
persons, for the periods set opposite their names
respectively.
Joseph S. Fay,
Eliza D. Fox,
Faye Fox,
Bessie Fox,
Henry H. Parker,
James H. Lyles.
And certify the result in writing for Wm. M.
~
~
16::!
r
Hoes, address, 69 Wall Street, N. Y. City. Wanted
July 17, 1889, at M.
Dated July 16, 1889.
No. 6298.
See Petn. vs. Henry Parker, Ang. 10, 1868.
Nothing else fonnd, July 17,1889,9 A. M. The
foregoing search made for and gnaranteed to Wm.
]\L Hoes by the Title Guarantee and 'frust Company.
Attest:
[L.S.J FRANK BAILEY.
Pee, $1. 65.
..
To the Title Guarantee and Trust Company.
Search in the office of the Clerk of the Circnit
Court of the United States, for the Eastern District
of New York, for judgments and decrees, and all
other liens upon real estate, filed or docketed there-
in, ag'ainst the persons named below, for the periods
set opposite their names, respectively, and certify
the result in writing for Wm. M. Hoes, address, 69
Wall St., N. Y. City. Wanted July 17th, 1889,
at M.
Dated July 16th, 1889.
No. 6299.
Joseph S. Pay,
Eliza D. Fox,
Pay Pox,
Bessie Pox,
Heury H. Parker,
James H. Lyles.
For 12 years last past.
-
,-
Nothing found, July 17th, 1889, 9 A. M. The
foregoing search made for and guaranteed to Wm.
M. Hoes by the TITLE GUARANTEE & TRUST COM-
PANY.
Attest:
[L.S.J PRANK BAILEY.
Pee, $1.00.
164
IN 'rIlE MA1'TER
of
The sale and conveyance of certain
real estate on Fisher's Island,
Suffolk Connty, New York, by
Fay Fox and Bessie Fox, by
attorney and individually, to
Edmund M. Ferguson.
"'I
STA1'E OF NEW YORK, l S'
County of Suffolk, \ s ..
FAY Fox and BESSIE Fox being duly severally
sworn, each deposes and says: 'l'hat she resides upon
said premises upon Fisher's Island; that she is of
full age, unmarried, citizen of the United States of
America, and has good right to couvey said prem-
ises.
That there is no judgment existing against her
nnpaid or unsatisfied of record, docketed in any of
the counties in this State, or in the office of the
clerks of the United States Courts for the Eastern
District of New York, and that no proceeclings in
bankrnptcy have ever been instituted against her in
any conrt or before any officers in any State or of
the United States.
,.
t'
FAY Fox,
BEssn; Fox.
Severally sworn to before me this l
19th day of July, 1889. I
ABRAM GIFFORD,
,] ustice of the Peace,
for Fisher's Island,
N. Y.
...