Elizabeth McCarter Deed to Thomas Allen in New York City, New York

April 30, 1819

Five months after the death of her second husband, James McCarter, Elizabeth (Paulding) Bertine McCarter, three of her four children (Catharine, Peter, and Jane) and the sister-in-law of her daughter, Deborah, sold a 2,900 square foot lot that bordered Duane (formerly Barley) Street to Thomas Allen for $4,250.00.

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.

One has to wonder if the commissioner who executed the deed was paid by the word...

Recorded for and at the request of H. Maxwell the 30th day of April 1819 at 1/2 past 1 o'clock P.M. This Indenture made the thirteenth day of April in the year of our Lord one thousand eight hundred and nineteen Between Elizabeth McCarter of the City of New York, widow, formerly wife of Peter Bertine of the City of New York Brewer, deceased, and widow of James McCarter late of the City of New York Wheelwright [Millwright according to other sources], deceased, Henry Smith of the said City Coach maker and Catherine [Bertine Smith] his wife, William S. Ross of the said City Coach trimmer and Jane [Bertine Ross] his wife, and Jane Merritt of the Town of Mamaroneck County of Westchester widow. The said Catherine [Bertine Smith] wife of the said Henry Smith, the said Peter P. Bertine, and the said Jane [Bertine Ross], wife of the said William S. Ross, being children and heirs at law of the said Peter Bertine deceased, and the said Jane Merritt being the Grantee of Edward Merritt of the City of New York Merchant and Deborah [Bertine 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 Thomas Allen of the City of New York Gentleman of the second part.

Witnesseth that the said parties of the first part for and in consideration of Four thousand two hundred and fifty Dollars [$4,250] lawful money of the United States of America to the said parties of the first part in hand well and truly paid by the second party of the second part at or before the sealing and delivery of these presents the receipt and payment whereof the said parties of the first part do hereby acknowledge and thereto and of every part and parcel thereof do exonerate, acquit, and discharge the said party of the second part his heirs executors, administrators, and assigns and every of them forever by these presents have granted, bargained and sold, aliened, released, conveyed, and confirmed and by these presents

Do grant bargain and sell, alien, release, convey, and confirm unto the said party of the second part his heirs and assigns forever all that certain lot piece and parcel of land situate lying and being in the fifth ward of the City of New York and known and distinguished in a Map or Chart of the lands belonging to the estate of Anthony A. Rutgers deceased made the twenty fourth day of November in the Year one thousand seven hundred and seventy two [24 Nov 1772] by Gerard Bancker one of the sworn Surveyors of the City of New York by lot number one and which said lot was conveyed by deed dated the sixteenth day of October one thousand seven hundred and ninety two [16 Oct 1792] by Andrew Ten Eyck of the city of New York Block maker and Elizabeth [Ten Eyck] his wife to the said Peter Bertine of the City of New York Brewer, deceased.

The said Lot piece or parcel of land being bounded North Easterly in front by Duane Street [formerly Barley St.], South Easterly by ground formerly belonging to Henry Barclay, deceased, South Westerly in the rear by ground now belonging to John Bingham, and North Westerly by ground belonging to the heirs of _____ Macanis, deceased, the said lot containing in breadth in front twenty six feet and in the rear twenty five feet and in length, on each side one hundred and sixteen feet nine inches be the same more or less [approx 2,900 square ft. lot].

Together with all and singular the rights members privileges hereditaments and appurtenances thereunto belonging or in any wise appertaining and the reversion and revisions remainder and remainders of all and singular the said lands tenements hereditaments and premises hereby granted or intended to be hereby granted and of every part and parcel thereof and all the rents, issues, profits, and servises [sic] thereto or to any part of parcel thereof belonging or in any wise appertaining and also all the estate right, title, claim, dower property, interest, and demand whatsoever of the said parties of the first part in to or out of the same and every part and parcel thereof.

To have and to hold the said lands and tenements, hereditaments and premises hereby granted, bargained, and sold or mentioned or intended so to be and every part and parcel thereof with the appurtenances unto the said party of the second party his heirs and assigns forever to the only proper use and _____ of the said party of the second part his heirs and assigns forever.

And the said Elizabeth McCarter, Henry Smith, Peter P. Bertine, William S. Ross, and Jane Merritt for their and each of their heirs, executors, and administrators and for every of them do covenant and grant to and with the said party of the second part his heirs and assigns and to and with every of them by these presents in manner and form following that is to say that the said parties of the first part now are the true and lawful owners of the said lands, tenements, hereditaments, and premises hereby granted or intended to be hereby granted and of every part and parcel thereof with their and every of their appurtenances and are rightfully and absolutely seized thereof and every part and parcel thereof of a good, pure, absolute, and indefensible estate of Inheritance in fee simple without any manner of condition, trust, covenant, provisio, or limitation of use and uses or other restrained matter or thing whatsoever to alter, change, charge, determine, encumber, or defeat the same and that the said parties of the first part now have good right, full power, and lawful and absolute authority in them to grant, bargain, sell and convey the said lands, tenements, hereditaments, and premises hereby granted or mentioned to be hereby granted and every part and parcel thereof with all and singular their and every of their appurtenances without any manner, offer, suite, trouble, eviction, disturbance, hindrance, or molestation whatsoever of or by the said parties of the first part their heirs or assigns or any other person or persons whatsoever lawfully claiming or to claim the said lands, tenements, hereditaments, and premises or any part of parcel thereof and that the said lands tenements, hereditaments and premises and every part and parcel thereof with the appurtenances now are and from henceforth forever hereafter shall continue, remain, and be unto the said party of the second part his heirs and assigns free and clear and freely and clearly and absolutely freed and acquitted, exonerated, and discharged of and from all former and other grants, bargains, sales, gifts, duties, judgments, executions, and encumbrances whatsoever had made, acknowledged, or suffered, or caused to be made acknowledged or suffered by the said parties of the first part or by any other person or persons whatsoever.

And the said Elizabeth McCarter, Henry Smith, Peter P. Bertine, William S. Ross, and Jane Merritt for them and each of their heirs, executors, and administrators, and for every of them do hereby further covenant and grant to and with the said party of the second part his heirs and assigns and to and with every of them by these presents that the said parties of the first part their heirs and assigns and all and every other person and persons whatsoever having or lawfully claiming or which shall or may at any time or times hereafter have or lawfully claim any estate right, title or interest of in or to the said premises hereby granted or mentioned so to be or of in or to any part or parcel thereof shall and will from time to time and at all times hereafter at and upon the reasonable request and at the costs and charges in the law of the said party of the second part his heirs and assigns or some of them make do execute, acknowledge and suffer or cause to be made, done, executed, acknowledged, or suffered all and every such further and other reasonable act and acts, thing and things, assurance and assurances, conveyance and conveyances in the law whatsoever for the better and more perfect assurance of the said lands, tenements, hereditaments, and premises hereby granted or mentioned to be hereby granted and every part and parcel thereof with all and singular their and every of their appurtenances unto the said party of the second part his heirs and assigns according to the true intent and meaning of these presents as by the said party of the second part his heirs and assigns or either or any of them or by his, her, or their counsel _____ in the law shall be reasonably devised and required.

And the said Elizabeth McCarter, Henry Smith, Peter F. Bertine, William S. Ross, and Jane Merritt do hereby grand for themselves and each of their heirs that they the said Elizabeth McCarter, Henry Smith, Peter P. Bertine, William S. Ross, and Jane Merritt and their heirs the lands, tenements, hereditaments, and premises hereby granted or mentioned to be hereby granted and every part and parcel thereof with all and every of their appurtenances unto the said party of the second part his heirs and assigns against the said parties of the first part their heirs and assigns and against all and every other person and persons whatsoever shall and will warrant and defend forever by these presents. In witness whereof the parties to these presents have hereunto interchangeably set their hand and seals the day and year first above written Elizabeth McCarter, Henry Smith, Catharine Smith, Peter P. Bertine, Mary Bertine, Wm. S. Ross, Jane Ross, Jane Merrill. Sealed and delivered in the presence of ss:

Be it remembered that on the thirteenth day of April in the year of our Lord one thousand eight hundred and nineteen [13 Apr 1819] before me, George Wilson, a commissioner for the City and County of New York to take the proof and acknowledgment of deeds to a duty constituted and appointed personally appeared Elizabeth McCarter, Henry Smith, and Catherine Smith his wife, Peter P. Bertine and Mary Bertine, his wife, William S. Ross and Jane Ross, his wife, and Jane Merritt proved to my satisfaction by the oath of James Bertine [Elizabeth's brother-in-law] subscribing witness to the same (to me personally known) to be the same persons described in and who executed the within deed the said James Bertine having on oath before me made and by me administered, testified that he knew the said ____ therein named and that they are part persons as therein described, that he saw the within deed by them respectively executed and that at the time of such execution he became a subscribing witness to the same.

The said Elizabeth McCarter, Henry Smith and Catherine Smith, his wife, Peter P. Bertine and Mary Bertine, his wife, William S. Ross and Jane Ross, his wife, and Jane Merritt severally and respectively acknowledged before me that they had executed the same and the said Catherine, the wife of Henry Smith, Mary, the wife of Peter P. Bertine, and Jane the wife of William S. Ross once private examination of each of them by me apart from their said husbands severally and respectively acknowledged and each of them did acknowledge separately or herself that they executed the within deed freely and without any fear or compulsion of their several and respective husbands and having examined the same and finding therein no erasures, interlineations, or alterations other than those noted do allow it to be recorded.

Geo. Wilson
Commissioner

Click images to enlarge.





New York County (New York). Register. Conveyances, 1654-1866, FHL US/CAN 888382 (New York, New York: Recordak Corporation, 1957-1958).

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