Early Deed of Land to the Pelham Manor & Huguenot Heights Association

Please Visit the Historic Pelham Web Site
Located at http://www.historicpelham.com/.
Please Click Here for Index to All Blog Postings.

As I have indicated before, I have been working for the last several months to research the history of the Pelham Manor & Huguenot Heights Association. Regular readers may recall that I have published a number of blog postings on the topic, including:

Tuesday, April 18, 2006: Prospectus Issued by the Pelham Manor & Huguenot Heights Association in 1874

Thursday, December 22, 2005: Area Planned for Development by The Pelham Manor & Huguenot Heights Association in 1873

Monday, March 20, 2006: Charles J. Stephens and Henry C. Stephens of the Pelham Manor & Huguenot Heights Association

Monday, March 27, 2006: 1057 Esplanade: One of the Original Homes Built by the Pelham Manor & Huguenot Heights Association

Monday, May 8, 2006: Edmund Gybbon Spilsbury Who Served as Engineer for the Pelham Manor & Huguenot Heights Association

Wednesday, May 10, 2006: Horace Crosby, the Civil Engineer Who Laid Out the Chestnut Grove Division for the Pelham Manor & Huguenot Heights Association in the 1870s

Friday, May 26, 2006: The 27th Conference on New York State History Will Include Presentation of Paper on Pelham Manor & Huguenot Heights Association

Today's Historic Pelham blog posting transcribes the text of a fascinating, early deed by which mortgagees released their mortgage interest in two lots located in the Chestnut Grove Division in exchange for a $175.00 payment by the Pelham Manor & Huguenot Heights Association presumably so the Association could then sell the two lots to purchasers. A transcription of the text of the entire deed appears immediately below.

“This Indenture, made the tenth day of November in the year one thousand eight hundred and seventy six Between Peter C. Roosevelt, - Elbert J. Roosevelt, and Jane E. Roosevelt all of Pelham in the County of Westchester and State of New York – and S. H. Witherbee of the City County and State of New York – parties of the first part – and the Pelham Manor and Huguenot Heights Association, a Corporation duly authorized under the laws of the said State, located and doing business in Pelham aforesaid – of the second part:

Whereas, Charles J. Stephens by the several Indentures of Mortgages bearing date the one to the said Roosevelts on the twenty ninth day of February and the other to the said Witherbee on the first day of March and both in Year one thousand eight hundred and seventy two for the considerations therein mentioned, and to secure the payment of the moneys therein specified, respectively did convey certain lands and tenements, of which the lands hereinafter described are part, unto by one indenture aforesaid unto the said Peter C. – Elbert J. and Jane E. Roosevelt – and by the other Indenture aforesaid unto the said S. H. Witherbee which mortgage to Witherbee aforesaid was recorded Apr. 30, 1872 – Register for said Westchester County Liv. 574 – Fol 373 of Mortgs and whereas the said Charles J. Stephens did subsequently carry all of the same lands and tenements unto the Corporation party of the second part aforesaid, but subject nonetheless to all the debt secured by the indentures of mortgage aforesaid – by deed of said Stephens dated June 3, 1873 – and recorded in said Westchester County Register Office Liber 847 – Folio 48. –

And Whereas, the said parties of the first part at the request of the said party of the second part, have agreed to give up and surrender the lands hereinafter described unto the said party of the second part, and to hold and retain the residue of the mortgaged lands as security for the money remaining due on the said mortgages Now this Indenture Witnesseth, That the said parties of the first part, in pursuance of the said agreement, and in consideration of one hundred & seventy five dollars – duly paid at the time of the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, released, quit claimed and set over, and by these presents do grant, release, quit claim, and set over, unto the said party of the second part, all those portions of the said mortgaged land lying in the town of Pelham aforesaid and comprising the whole of two plots of ground numbered respectively “Twenty Three” and “Fifty Seven” and bounded generally, as laid down on a plan of the “Chestnut Grove Division” of Lands belonging to said Pelham Manor and Huguenot Heights Association, made by Horace Crosby of New Rochelle, Surveyor, and dated “1874” a copy whereof has heretofore been filed by the said Association, and recorded in the Registry of Deeds – and Plans in kind for said Westchester County, which said plan is hereby referred to for a more particular description and made a part hereof: – The two plots aforesaid may be further described as follows, to wit: Said plot numbered “Twenty-Three” is situated upon the Southwesterly side of Prospect Avenue within said Division and measures fifty feet frontage upon said Avenue and has a depth of one hundred and fifty feet running to land of “Prospect Hill” with a rear boundary upon said Prospect Hill land of fifty feet, – containing altogether seventy five hundred square feet of land

– Said plot numbered “Fifty – Seven” is situated upon the westerly side of Highland Avenue within said Division, there measuring fifty feet for frontage thence running westerly to Prospect Hill Land, in the northerly boundary line thereof measuring one hundred & fifty-four feet and twenty hundredths of a foot and in the southerly boundary line thereof measuring one hundred and fifty three feet and forty hundredths of a foot, – containing altogehter about Seven Thousand Six Hundred & Eighty Seven feet superficially –

Together with the hereditaments and appurtenances thereto belonging; and all the right, title and interest of the said part [sic] of the first part, of, in , and to the same, to the intent that the lands hereby conveyed may be discharged from the said mortgage, and that the rest of the lands in the said mortgage specified, may remain to the said part [sic] of the first part as heretofore. To have and to hold, the lands and premises hereby released and conveyed, to the said parties of the second part, their successors heirs and assigns to its and their only proper use, benefit and behoof forever, free, clear and discharged of and from all lien and claim, under and by virtue of the two Indenture [sic] of Mortgage aforesaid. above particularly described –

In Witness whereof, the said parties of the first part have hereunto set their hands and seals the day and year first above mentioned, – description of the two general Indentures of Mortgage from which release hereby made, having been interlined on the first page before execution and sealing of these presents –

[Signed] Peter C. Roosevelt [Seal]
[Signed] Elbert J. Roosevelt [Seal]
[Signed] Jane Eliza Roosevelt [Seal]
[Signed] S. H. Witherbee [Seal]

State of New York )
Town of Pelham } ss.
County of Westchester )

On the fourth day of November in the year one thousand eight hundred and Seventy Six before me personally came Peter C. Roosevelt Elbert J. Roosevelt and Jane Eliza Roosevelt Spinster and S. H. Witherby [sic] to me known to be the individuals described in, and who executed the foregoing instrument, and severally acknowledged that they executed the same.

Wm H. Sparks
Justice of the Peace in
and for the County of Westchester

Recorded in Westchester County Registers office in Liber 962 of Deeds page 342 March 31st 1879 at 10.15 A M

Charles G. [Illegible] Register.

[Seal]

Record 342 1257
----------
Peter C. Elbert J. and Jane Eliza Roosevelt
and
S. H. Witherbee
to
the “Pelham Manor and Huguenot Heights Association”
Rcd 31 19 10 17
----------
Release Part of Mortgaged Premises.
Dated November 10th 1876----------"

Please Visit the Historic Pelham Web Site
Located at http://www.historicpelham.com/.
Please Click Here for Index to All Blog Postings.