Elizabeth McCarter Deed to William Ross and Peter Bertine in New York City, New York
April 13, 1819
Five months after the death of her second husband, James McCarter, Elizabeth (Paulding) Bertine McCarter, her daughter Catherine, and the sister-in-law of her daughter, Deborah, sold a 2,500 square foot lot at 304 Broadway to Elizabeth's other children Peter Bertine and Jane Ross for $5,500.
This property had originally been deeded to her first husband, Peter Bertine, so would have been part of his estate that she brought into her marriage with James.
Upon marriage a woman lost any right to control property that was hers prior to the marriage, and, as a widow, she was only entitled to dower's rights or the use of one-third of her late husband's estate until her death. Then the entire estate reverted to whomever her late husband named in his will. Apparently, Peter Bertine's estate went to his children and that is why they are included in this deed.
Elizabeth's children with Peter Bertine and their spouses were:
Catherine (Bertine) Smith and Henry Smith
Peter P. Bertine and Mary Bertine
Jane (Bertine) Ross and William S. Ross
Deborah (Bertine) Merritt and Edward Merritt
Deborah and Edward granted their rights to the property to Jane Merritt, who is likely the widow of Edward's brother Gilbert Merritt.
Recorded for and at the request of William S. Ross, Sr. and Peter P. Bertine May the 1st 1819 at 1/2 past 12 P.M.
This indenture made the thirteenth day of April in the year of our Lord one thousand eight hundred and nineteen [13 Apr 1819] BETWEEN: Elizabeth McCarter of the City of New York widow formerly the wife of Peter Bertine of said City Brewer deceased and now the widow of James McCarter late of said City wheel wright [millwright in other documents] deceased, Henry Smith of the said City Coach Maker and Catherine [Smith] his wife, and Jane Merritt of the Town of Mamaroneck in the County of West Chester, widow. The said Catherine [Smith] wife of the said Henry Smith being one of the Children and heirs at law of the said Peter Bertine deceased. The said Jane Merritt being the Grantee Edward Merritt of the City of New York Merchant, and Deborah [Merritt] his wife the said Deborah being also one of the children and heirs at law of the said Peter Bertine deceased of the first part AND William S. Ross of the said City of New York Coach Trimmer and Peter P. Bertine of said City Mason of the Second part.
Witnesseth that the said parties of the first part for and in consideration of the sum of Five thousand, five hundred dollars [$5,500] of lawful money of the United States of America to them in hand paid at or before the ensealing and delivery of these presents by the said parties of the second part the receipts whereof is hereby acknowledged and the parties of the first part therewith fully satisfied, contented, and paid.
Have granted, bargained, sold, aliened, _____, released, conveyed, and confirmed and by these presents do grant, bargain, sell, alien, remise, release, convey, and confirm unto the said parties of the second part.
The one equal undivided _____ half part of ___ and singular the premises herein after mentioned together with the right of dower of the said Elizabeth McCarter of in and to the whole of the said premises which are described as follows to wit.
All that certain lot, piece, or parcel of land with the buildings thereon erected, situate, lying, and being in the Sixth ward of the City of New York on the corner of Broadway and Duane Street [formerly Barley] and known and distinguished as lot No. 304 Broadway bounded as follows to wit.
Westerly in front by Broadway, northerly by land now or late belonging to the heirs of Henry Barckley, _____easterly in the rear by land now or late belonging to Adelaide Cereau and Southerly by Duane Street [formerly Barley] containing on breadth in front and rear twenty five feet and in length on each side one hundred feet [2,500 sq. ft] be the same more or less which said lot of land was granted and conveyed to the above named Peter Bertine by James Rich of the City of New York Taylor [sic] and Mary [Rich] his wife in and by their certain deed indented bearing date the twenty sixth day of February in the year of our Lord one thousand seven hundred and ninety one [26 Feb 1791] and recorded in the office of Clerk of the City and County of New York in Lib. No. 48 of Conveyances page 42 the 21st day of June 1792 [21 Jun 1792].
Together with all and singular the edifices, buildings, rights, members, privileges, advantages, _____ hereditaments, and appurtenances unto the said above mentioned and described premises belonging or in any _____ appertaining and the _____rents, issues, and profits thereof ____all the estate right _____ interest dower and right of dower property possession _____whatsoever as well in law as in equity of the said parties of the first part of in and to the above granted premises and every part and parcel thereof with the appurtenances.
To have and to hold the above granted, bargained, and described premises with the appurtenances unto the said parties of the second part _____ and assigns to the sole and only proper use benefits and _____ of the _____ of the second part their heirs and assigns forever and the said parties of the first part for themselves their heirs, executors and administrators do hereby covenant, promise and agree to and with the said parties of the second part their heirs and assigns that the said parties of the second part their heirs and assigns that the said parties of the second part their heirs and assigns shall and may at all times hereafter peaceably and quietly have hold _____ occupy, possess, and enjoy the above granted premises and conveyances and parcel thereof with the appurtenances without any _____ trouble, molestation, eviction, or disturbance of the said parties of the first part their heirs or assigns and the said parties of the first part for themselves their heirs executors and administrators and for each and every of them do covenant, promise, and agree _____with the said parties of the second part their heirs and assigns by these present that the said parties of the first part _____committed, ______ or suffered any act or thing or things whatsoever whereby or by means whereof the above mentioned and described premises or any part or parcel thereof ____ or at anytime hereafter shall or may be impeached, charged or in cumbered in _____ estate or otherwise howsoever.
In witness whereof the parties to these presents have hereunto interchangeably set their hands and seals the day and year first above written.
Sealed and delivered in the presences of James Bertine, Geo Wilson, State of New York City and County of New York
Be it remembered that on this the ____ day of April in the year of our Lord one thousand eight hundred and nineteen [Apr 1819] before me George Wilson a commissioner for the City and County of New Yor to take the proof and acknowledgement of ____ and appointed ____ appeared Elizabeth McCarter, Henry Smith and Catharine [Smith] his wife and Jane Merritt proved to my satisfaction by the oath of James Bertine subscribing witness to the aforegoing deed to me personally known to be the same persons described in and who have executed the within deed the said James Bertine having on oath before me made and by me administered declared that he knew the said parties and that they were the same persons therein described that he saw the aforegoing deed executed by all of the said parties and that at the time of such execution he became a subscribing witness to the same.
The said Elizabeth McCarter, Henry Smith and Catharine [Smith] his Wife and Jane Merritt severally and respectively acknowledged before me that they had executed the same and the said Catharine [Smith] the wife of the said Henry on a private examination by me apart from her said husband acknowledged that she executed the said deed freely wand without any fear or compulsion of her said husband and having examined the said deed and finding therein no erasures interlineations or alterations do allow it to be recorded
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