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Full text of "Book of charters, wills, deeds and other official documents [relating to the library]"

■'/fpt 










Cornell University Library 
Z 733.N6N505 1905 



Book of charters, wills, deeds and other 




3 1924 009 846 027 





Cornell University 
Library 



The original of this book is in 
the Cornell University Library. 

There are no known copyright restrictions in 
the United States on the use of the text. 



http://www.archive.org/details/cu31924009846027 



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9istor. Heitojc anti Ciltien jFountjations 



BOOK OF CHARTERS 

WILLS, DEEDS AND OTHER OFFICIAL 

DOCUMENTS 



Cjje JletD fork ^^utjlic ilttjrar^ 
9l0tor> 3Ceno;: antj Ciltien jFountiatiottS 



BOOK OF CHARTERS 

WILLS, DEEDS AND OTHER OFFICIAL 

DOCUMENTS 



PART FIRST 

COMPILED AND ARRANGED BY 

GEORGE LOCKHART RIVES, 

Secretary of the Board of Trustees. 
OCTOBER 14, 1895. 

PART SECOND 

COMPILED AND ARRANGED BY 

CHARLES ROWLAND RUSSELL, 

Secretary of the Board of Trustees. 
FEBRUARY I, 1905. 



New York 

Printed for the Trustees 

1905. 



Part First of this book (pages i to 122) is a republication of 
a compilation, dated October 14, 1895, of important documents 
relating to the three corporations which, earlier in that year, 
had been consolidated into The New York Public Library, 
Astor, Lenox and Tilden Foundations, and to their consolidation. 

Part Second (pages 123 to 371) is a compilation of important 
documents, of date subsequent to October 14, 1895, relating to 
The New York Public Library, Astor, Lenox and Tilden Founda- 
tions, and to the various corporations which have been consoli- 
dated with it or have transferred their property to it, and to the 
Gift of Andrew Carnegie. 

This book has been prepared by direction of the Board of 
Trustees. 

New York, February i, 1905. 



©able of <IIontent0. 



Part iirst. 



DOCUMENTS RELATING TO THE TRUSTEES OF THE 
ASTOR LIBRARY. 



PAGE 



I. Extracts from the Will and Codicils of John Jacob 

Astor 3 

3 April, 1848. 
II. Act of Incorporation, as amended 9 

18 January, 1849. 
16 July, 1881. 

24 March, 1891. 

III. Declaration of the Trustees selecting the original 

Astor Library Site, etc 14 

13 April, 1849. 

IV. Deed by the Executors of John Jacob Astor, 

deceased, of the Astor Library Site 16 

19 April, 1849. 

V. Deed by Cecilia Nottbeck and Husband of Prem- 
ises on the Easterly Side of Lafayette Place. ... 20 

2 August, 1855. 

VI-VII. Deeds by Louisa Kane and Husband of Premises 

on the Easterly Side of La Fayette Place 24, 28 

7 August, 1855. 
VIII. Extract from the Report of the Trustees of the 
Astor Library to the Legislature of the State of 

New York for the year 1857 33 

27 January, 1858. 

vii 



TABLE OF CONTENTS. 



PAGB 



IX. Extracts from the Will and Codicils of William 

Backhouse Astor 35 

2 9 November, 1875. 
X. Deed of Gift by John Jacob Astor, Junior, of 

Lots adjoining the Astor Library Site 3^ 

5 December, 1879. 
XL Deed of Gift by John Jacob Astor, Junior, of No. 34 

La Fayette Place, New York City 4° 

10 May, l888. 

XIL Extracts from the Will of John Jacob Astor, Junior 43 

26 February, i8go. 
XIII. Extracts from the Will and Codicils of William 

Astor 45 

26 July, 1892. 



DOCUMENTS RELATING TO THE TRUSTEES OF THE 
LENOX LIBRARY. 

XIV. Act of Incorporation, as amended 49 

20 January, 1870. 
19 March, 1892. 

XV. Deed by James Lenox of the Lenox Library Site. . 53 

17 March, 1870. 
XVI. Extract from the Will of Felix Astoin 57 

29 February, 1884. 

XVII. Extract from the Will of Henrietta A. Lenox 58 

27 April, 1887. 

XVIII. Extract from the Will of Joseph W. Drexel 60 

12 April, 1888. 
XIX. Extracts from the Will of Margaret Wolfe Duyck- 

inck 61 

9 June, l8go. 

XX. Extracts from the Will and Codicils of Mary Stuart 

(Widow of Robert L. Stuart) 64 

5 April, 1892. 



TABLE OF CONTENTS. ix 

DOCUMENTS RELATING TO THE TILDEN TRUST. 

PAGE 

XXI. Extracts from the Will of Samuel J. Tilden 71 

20 October, 1886. 

XXII. Memorial for a Charter 74 

4 January, 1887. 

XXIII. Act of Incorporation 77 

26 March, 1887. 

XXIV. Conveyance of the Tilden Estate to The Tilden 

Trust 80 

29 April, 1887. 

XXV. Judgment of the Supreme Court affirmed by the 
Court of Appeals, declaring void the 35th 
Section of the Will of Samuel J. Tilden 86 

27 October, 1891. 

XXVI. Agreement of Compromise with Laura P. Hazard. . 89 

2g May, 1891. 

XXVII. Agreement for Partition between the Tilden 

Trust and the Heirs at Law of Samuel J. Tilden. 95 

30 March, 1892. 



DOCUMENTS RELATING TO THE CONSOLIDATION. 



XXVIII. Act Permitting Consolidation, as amended 113 

13 May, 1892. 
2 April, 1895. 

XXIX. Agreement of Consolidation 118 

23 May, 1895. 



Jpttrt Qtconb. 



DOCUMENTS RELATING TO THE LIBRARY 
BUILDING IN BRYANT PARK. 



XXX. Address to the Mayor, Aldermen and Common- 
alty of the City of New York 125 

25 March, 1896. 

XXXI. Act authorizing the use of the land occupied by 
the Reservoir on Fifth Avenue and Fortieth 
and Forty-second Streets, with adjacent land, 
as a public park 134 

2 May, 1893. 

XXXII. Provision of the Greater New York Charter, 
authorizing and directing the Commissioner 
of Parks to make a contract with The New 
York Public Library, Astor, Lenox and Tilden 
Foundations, for the use and occupation of 
the land occupied by the Reservoir at Fifth 
Avenue and Fortieth and Forty-second Streets, 
for the establishment and maintenance of a 
Free Public Library and Reading Room. ... 136 
.XXXIII. Resolution of the Board of Aldermen providing 
that the land occupied by the Reservoir on 
Fifth Avenue and Fortieth and Forty-second 
Streets, with adjacent land, shall constitute a 
public park 138 

26 December, 1896. 

XXXIV. Resolutions of the Board of Estimate and Appor- 
tionment, providing for the removal of the 
Reservoir on Fifth Avenue and Forty-second 

Street 

II February, 1897. 



139 



TABLE OF CONTENTS. xi 

PAGE 

XXXV. Act providing for the construction by the City 

of New York, of a Public Library Building in 
Bryant Park 140 

19 May, 1897. 

23 April, 1900. 

XXXVI. Resolutions of the Board of Estimate and Appor- 

tionment of the City of New York, relative to 
the Library Building to be constructed in 

Bryant Park 144 

I December, 1897. 
XXXVIL Lease and agreement for the use and occupation 
of the Library Building to be constructed in 
Bryant Park 147 

8 December, 1897. 

XXXVIIL Resolutions of the Department of Public Parks 
of the City of New York, relative to the Library 
Building to be constructed in Bryant Park.. 153 
6 December, 1897. 
XXXIX. Agreement between the City of New York and 
the architects of the Library Building to be 
constructed in Bryant Park 156 

9 December, 1897. 



DOCUMENTS RELATING TO THE NEW YORK FREE 
CIRCULATING LIBRARY. 

XL. Certificate of Incorporation 163 

II March, 1880. 
XLI. Correspondence relating to the gift of "The 

Womea's Fund. " 165 

17-19 April, 1882. 
XLII. Deed by the executor of the will of Sarah M. Grin- 
nell, deceased, and other parties in interest of 

the premises No. 49 Bond Street 167 

9 June, 1882. 



TABLE OF CONTENTS, 



PAGE 

XLIII. Deed by the executor of and trustee under the will 
of Sarah M. Grinnell, deceased, of the premises 

No. 49 Bond Street 170 

31 October, 1882. 

XLIV. Act of Incorporation i73 

18 April, 1884. 

XLV. Correspondence and Resolutions relating to the 
gift by Oswald Ottendorfer of the Ottendorfer 

Branch Library and the Ottendorfer Fund 175 

12-16 May, 1884. 
XLVI. Lease by the German Hospital and Dispensary of 

the premises No. 135 Second Avenue 179 

16 May, 1884. 

XLVn. Lease by the German Hospital and Dispensary of an 

addition to the premises No. 135 Second Avenue. 183 
12 July, 1897. 
XLVIIL Extracts from the will of Oswald Ottendorfer 186 

28 March, 1901. 

XLIX. Correspondence and Resolutions relating to the 
gift by Catharine W. Bruce of the George Bruce 
Branch Library and its special endowment fund. 187 

17-21 January, 1887. 
10 May, 1887. 

L. Deed by Samuel McMillan and wife of the premises 
No. 226 West 42d Street, the George Bruce 
Branch Library Site 190 

9 March, 1887. 

LL Correspondence relating to the gift by George 
W. Vanderbilt of the Jackson Square Branch 
Library ip4 

12 April, 1887. 

14 February, 1888. 

LIL Deed by George W. Vanderbilt of the premises 
No. 251 West 13th Street, for the Jackson Square 
Branch Library Building igg 

15 June, 1888. 

Lin. Extract from the will of Cordelia Martin Duke. . . 200 

10 April, 1889. 

LIV. Extract from the will of Charles M. DaCosta 201 

30 June, 1890. 



TABLE OF CONTENTS. xiii 

PAGE 

LV. Extract from the will of Mary A. Edson 202 

14 January, 1891. 

LVI. Deed of Gift under the will of Mary A. Edson. . . . 204 
23 June, 1890. 

LVII. Extracts from the will of Ezekiel J. Donnell 207 

6 February, 1896. 
LVIII. Correspondence and Resolution relating to the gift 

of Jacob H. SchifE to establish a " Book Fund." 209 
23 November, 1896. 

8 December, 1896. 

LIX. Extracts from the will of Susan W. Proudfit estab- 
lishing ' ' The Proudfit Fund. " 211 

20 January, 1892. 
LX. Deed by Josephine A. Johnson of the premises 
No. 206 West looth Street, the Bloomingdale 
Branch Library Site 212 

9 February, 1898. 

LXI. Extracts from the will of Charles H. Contoit 215 

15 April, 1898. 

LXII. Extracts from the will of Alexander M. Proudfit. . 217 

17 April, 1899. 
LXIII. Extracts from the will of Henry T. Dortic 218 

12 March, 1901. 
LXIV. Agreement of Consolidation 219 

II January, igoi. 



ACT PERMITTING CONVEYANCE AND TRANSFER 
OF THE PROPERTY OF LIBRARY CORPORA- 
TIONS IN THE CITY OF NEW YORK TO 
THE NEW YORK PUBLIC LIBRARY, 
ASTOR, LENOX AND TILDEN 
FOUNDATIONS. 

LXV. An Act to permit Library Corporations in the 
City of New York to convey their property to 
The New York Public Library, Astor, Lenox 

and Tilden Foundations • 227 

6 March, 1901. 



xiv TABLE OF CONTENTS. 

DOCUMENTS RELATING TO THE GIFT OF ANDREW 

CARNEGIE. 

PAGE 

LXVI. Correspondence relating to the gift of Andrew 

Carnegie 231 

12-15 March, igoi. 

LXVII. An Act to Authorize and Empower the City of 
New York to establish and maintain a free 
public library system 235 

26 April, 1901. 

LXVIII. Agreement with the City of New York relating 
to the gift of Andrew Carnegie, and the acquisi- 
tion of sites for free branch libraries 238 

17 July, igoi. 
Supplemental Agreement 246 

26 March, 1902. 

LXIX. Agreement with the architects relating to the 

erection of free branch library buildings. ...... 249 

7 November, 1901. 

LXX. Agreement with Andrew Carnegie 254 

21 April, 1902. 



DOCUMENTS RELATING TO THE ST. AGNES 
FREE LIBRARY. 

LXXI. Charter of St. Agnes Free Library 259 

5 June, 1894. 

LXXII. Deed of Transfer to The New York Public 

Library 261 

I August, 1901. 



DOCUMENTS RELATING TO WASHINGTON HEIGHTS 
FREE LIBRARY. 

LXXIII. Articles of Association 265 

6 May, 1868. 

LXXIV. Certificate of Incorporation 267 

12 May, 1868. 



TABLE OF CONTENTS. xv 

PAGB 

LXXV. Extracts from the will of J. Hood Wright 269 

I April, 1895. 
LXXVI. Order of the Supreme Court changing the name 
of "The Washington Heights Library" to 

"Washington Heights Free Library " 271 

24 August, 1896. 
LXXVIL Deed by Charles H. Shaw, individually and as 
executor of the Will of Joseph S. Shaw, 
deceased, of premises No. 924 St. Nicholas 
Avenue, being the northerly portion of the 
site of the Washington Heights Branch 

Library building , 273 

15 May, 1899. 
LXXVHL Deed by Jennie M. Tompkins of premises No. 
922 St. Nicholas Avenue, being the southerly 
portion of the site of the Washington Heights 

Branch Library building 275 

26 May, 1899. 
LXXIX. Deed of Transfer to The New York Public 

Library 277 

9 October, 1901. 



DOCUMENTS RELATING TO THE NEW YORK FREE 
CIRCULATING LIBRARY FOR THE BLIND. 

LXXX. Certificate of Incorporation 283 

23 May, 1895. 

LXXXI. Deed of Transfer to The New York Public 

Library 285 

21 February, 1903. 



DOCUMENTS RELATING TO THE AGUILAR FREE 
LIBRARY SOCIETY. 



LXXXII. Certificate of Incorporation. 
3 December, 1886. 



xvi TABLE OF CONTENTS. 

FAGB 

LXXXIII. Correspondence relating to the gift by Frede- 
rick Spiegelberg of the Nina Goldsmith 
Spiegelberg Memorial Alcove for biographi- 
cal works 292 

4-17 April, 1892. 
LXXXIV. Extract from the will of Bernhard Mainzer... . 294 
21 November, 1895. 
LXXXV. Extract from the will of Theodore G. Weil. . . 296 

27 January, 1902. 

LXXXVI. Deed by Louis Lese and wife of the premises 

No. 174 East iioth Street 297 

12 May, 1898. 

LXXXVII. Deed of Transfer to The New York Public 

Library 300 

24 February, 1903. 

LXXXVIIL Deed of Transfer of No. 174 East iioth Street 

to The New York Public Library 302 

24 February, 1903. 



DOCUMENTS RELATING TO THE HARLEM LIBRARY. 
LXXXIX. Act of Incorporation of the Harlem Library. . 307 

29 March, 1871. 

XC. Extracts from the will of John S. Kenyon .... 310 
10 February, 1882. 
XCI. Extracts from the will of William G. Wood. . 312 

31 May, 1890. 

XCII. Agreement between Joseph Thompson and The 
Harlem Club, relative to certain restrictions 
on the premises No. 32 West 123rd Street. . 313 

18 April, 1891. 

XCIII. Deed by The Harlem Club of the premises No. 

32 West 123rd Street 318 

21 May, 1891. 

XCIV. Deed of Transfer to The New York Public 

Library 322 

19 November, 1903. 



TABLE OF CONTENTS. 



XCV. Deed of Transfer of No. 32 West 123rd Street 

to The New York Public Library 325 

14 December, 1903. 



DOCUMENTS RELATING TO THE TOTTENVILLE 
LIBRARY ASSOCIATION. 

XCVI. Provisional Charter from the University of the 

State of New York 331 

26 June, 1899. 

XCVII. Deed of Transfer to The New York Public 

Library 333 

31 December, 1903. 



DOCUMENTS RELATING TO THE LIBRARY OF THE 

UNIVERSITY SETTLEMENT SOCIETY 

OF NEW YORK. 

XCVIII. Certificate of Incorporation of the University 

Settlement Society of New York 337 

I March, 1892. 

XCIX. Deed of Transfer of the Library property of the 
University Settlement Society to The New 
York Public Library 339 

31 December, 1903. 



DOCUMENTS RELATING TO THE WEBSTER FREE 
LIBRARY OF THE EAST SIDE HOUSE. 

C. Certificate of Incorporation of The East Side 

House 343 

5 June, 1891. 

CI. Deed of Transfer of the Webster Free Library to 

The New York Public Library 345 

31 December, 1903. 



xviii TABLE OF CONTENTS. 

DOCUMENTS RELATING TO THE CATHEDRAL FREE 
CIRCULATING LIBRARY. 

PAGI 

CII. Charter from the University of the State of New 

York 349 

15 October, 1896. 
Cin. Deed of Transfer to The New York PubHc Library 351 
31 December, 1904. 



MISCELLANEOUS DOCUMENTS RELATING TO THE 
NEW YORK PUBLIC LIBRARY, ASTOR, 
LENOX AND TILDEN FOUNDA- 
TIONS. 

CIV. Agreement for the Deposit of Bibles by The Amer- 
ican Bible Society 355 

14 October, 1896. 
CV. Extract from the will of Alexander M. Proudfit... 357 

17 April, 1899. 
CVI. Deed by Breinchen Wallach of the premises No. 

222 East 79th Street 358 

6 May, 1901. 

CVII. Deed by Samuel Aronson and wife of the prem- 
ises No. 224 East 79th Street 361 

22 April, 1901. 

'CVIII. Act increasing the number of the trustees of The 
New York Public Library, Astor, Lenox and 
Tilden Foundations 363 

7 February, 1902. 

CIX. Agreement relative to the erection of a library 
building on the premises Nos. 103-105 West 

i3Sth Street 364 

20 November, 1903. 
ex. Deed of Gift by James Douglas of premises in 

Kingsbridge to The New York Public Library. . 368 
2 June, 1904. 



part first. 



Documents IRelating to ^be tlrustees of tbe 
astor Uibrari?. 



I. 



EXTRACTS FROM THE WILL AND CODICILS OF 
JOHN JACOB ASTOR. 



Will dated, 4 July, 1836. 

Codicil I. dated 19 January, 1838. 

Codicil II. dated 9 January, 1839. 

Codicil III. dated 22 August, 1839. 

Codicil IV. dated 4 October, 1839. 

Codicil V. dated 3 March, 1841. 

Codicil VI. dated 3 June, 1841. 

Codicil VII. dated 15 December, 1842. 

Codicil VIII. dated 22 December, 1843. 
Admitted to Probate, New York, 3 April, iS 

Recorded Liber 95 of Wills, page 462. 



CODICIL III. 

M, John Jacob Astor, do make this additional Codicil to my 
last Will, bearing date the fourth day of July, in the year of our 
Lord eighteen hundred and thirty-six. 

Desiring to render a public benefit to the City of New York 
and to contribute to the advancement of useful knowledge and 
the general good of society I do by this Codicil appropriate 
four hundred thousand dollars out of my residuary estate, to 
the establishment of a Public Library in the City of New York. 

For this purpose, I give to my Executors four hundred thou- 
sand dollars, to be taken from my personal estate, or raised by 
a sale of parts of my real estate, to be made by my Executors 
with the assent of my son William B. Astor, upon condition and 

3 



4 ASTOR LIBRARY. 

to the intent that the said amount be settled, applied and dis- 
posed of, as follows, namely : 

First, In the erecting of a suitable building for a Public 
Library. 

Second, In furnishing and supplying the same from time to 
time with books, maps, charts, models, drawings, paintings, 
engravings, casts, statues, furniture, and other things apper- 
taining to a library for general use, upon the most ample scale 
and liberal character. 

Third, In maintaining and upholding the buildings and other 
property, and in defraying the necessary expenses of taking 
care of the property, and of the accommodation of persons con- 
sulting the library. 

The said sum shall be payable, one third in one year after my 
decease, one third in the year following, and the residue in equal 
sums, in the fourth and fifth year after my decease. 

The said Library is to be accessible at all reasonable hours 
and times, for general use, free of expense to persons resorting 
thereto, subject only to such control and regulations, as the 
Trustees may from time to time exercise and establish for general 
convenience. 

The affairs of the Institution shall be conducted and directed 
by eleven Trustees, to be from time to time selected from the 
different liberal professions and employments in life, and the 
classes of educated men. The Mayor of the City of New York, 
during his continuance in office, and the Chancellor of the State 
of New York, during his continuance in office, shall always be 
trustees. The vacancies in the number of Trustees occurring 
by death, resignation, incapacity, or removal from the State, 
shall be filled by persons appointed by the remaining trustees ; 
the acts of a majority of the trustees at a meeting reasonably 
notified shall be valid. 

All the property and effects of the institution shall be vested 
in the said trustees. They shall have power to direct the expend- 
iture of the funds, the investment, safe-keeping, and manage- 
ment thereof, and of the property and effects of the institution ; 
also to make such ordinances and regulations from "time to time 
as they may think proper, for the good order and convenience 
of those who may resort to the library or use the same ; also to 



WILL OF JOHN JACOB ASTOR. 5 

appoint, direct, control, and remove the superintendent of the 
library and all librarians and others employed about the insti- 
tutions. And also they shall have and use all powers and author- 
ity for promoting the expressed objects of this institution not 
contrary to what is herein expressed. They shall not receive any 
compensation for their services, except that, if any of their num- 
ber shall at any time be appointed superintendent, he may 
receive compensation as such. 

The Trustees shall be subject to the visitation of the proper 
Courts of Justice, for the purpose of preventing and redressing 
all mismanagement, waste or breach of trust. 

'S.ltb I direct that the said public library be established on my 
land, at the corner of La-Fayette place and Art street, on the 
Westerly side of La-Fayette place, in the City of New York, 
beginning on the Westerly line of Lafayette Place, eighty- 
one feet Northerly from the corner of the house in which my 
daughter, Dorothea Langdon, now resides, and running thence 
perpendicular to La Fayette place, one hundred and thirty- 
seven feet six inches to the alley way in the rear; thence 
along the alley-way to Art Street; thence along Art street to 
Lafayette place and thence to the place of beginning, with 
the right and benefit of way in the alley; which land I dii'ect 
my executors to convey to the said trustees in fee simple, 
by such proper assurances as shall secure the land for the pur- 
pose of the library, and on condition to be applied and used 
therefor. And inasmuch as one of the lots so to be conveyed is 
devised to the children of Mrs. Langdon, I order that Twelve 
thousand five hundred dollars be paid to the said devisees as a 
compensation for the lot. And I direct that all the said land 
hereby appropriated be valued at Forty thousand dollars, and 
form a part of the said Four hundred thousand dollars. 

3 further direct that a sum not exceeding ■ thousand 

dollars, may be expended in the erection of the building 
for the Library. One hundred and twenty thousand dollars 
may be expended in the purchase of books, and other objects 
for the establishing of the library, and the residue shall be in- 
vested as a fund for the maintaining and gradually increasing 
of the Library. All investment of the funds of the Institution 
shall be made in the Public Debt of the United States of Amer- 



6 ASTOR LIBRARY. 

ica, or of the States of the Union, or of the City of New York, 
as long as such subjects of investment may be had, giving a 
preference according to the order in which they are named. 
And in case the income of the fund shall at any time exceed the 
amount which the trustees may find useful to expend for the 
purposes above named and particularized, they may expend such 
surplus in procuring public lectures, to be delivered in connec- 
tion with the Library, upon useful subjects of Literature, Philos- 
ophy, Science, History and the Fine Arts, or in promoting, in any 
other mode, the objects of the Institution as above expressed. I 
direct my executors to cause and procure the necessary legal 
assurances to be made for establishing and securing the appli- 
cation of the funds and property hereby appropriated, for the 
purposes of these presents, and in the mode herein pointed out. 
And it is my request that the Trustees would apply to the Legis- 
lature of this State for such acts as may fully secure, estab- 
lish and perpetuate this Institution, and render its manage- 
ment easy, convenient and safe, both to themselves and the 
public. And as this property is devoted wholly to public pur- 
poses I trust that the Legislature will so far favour the Institution 
as to exempt its property from taxation. And as a mark of my 
respect to the following gentlemen, I name them to be the first 
Trustees; that is to say, the Mayor of the City of New York, 
and the Chancellor of the State, for the time being, in respect 
to their offices; Washington Irving, William B. Astor, Daniel 
Lord, Junior, James G. King, Joseph G. Cogswell, Fitz-Greene 
Halleck, Henry Brevoort, Junior, Samuel B. Ruggles, and 
Samuel Ward, Junior. 



CODICIL V. 

9[l)irb, In relation to the Library provided for in my Codicil, 
bearing date the twenty-second day of August, eighteen hundred 
and thirty nine, I have concluded to change the site thereof; 
and I therefore direct that the land in that Codicil appropriated 
for this purpose be discharged therefrom ; and so much of the 
said Codicil as appropriates the site for the said Library and the 
compensation to be paid for it is hereby revoked ; and instead 



WILL OF JOHN JACOB AS TOR. 7 

thereof, I allow the building for the said Library to be erected 
on the southerly side of Astor Place, (formerly Art Street), be- 
tween Lafayette place and Broadway, on the land described as 
follows: Beginning on the southerly line of Astor place, at a 
point distant one hundred and fifty one feet westerly from the 
westerly corner of Astor Place and Lafayette Place, thence run- 
ning westerly along Astor Place sixty-five feet, thence in a line 
perpendicular to Astor Place one hundred and twenty-five feet 
nine inches, to the northerly side of a lot given to my daughter, 
Mrs. Langdon ; thence along the same northerly and easterly, in 
a line perpendicular to the westerly side of Lafayette Place fifty- 
seven feet, thence along the rear of the lot given to Charles 
Bristed, and in that direction parallel with the westerly side of 
Lafayette Place, thirty-one feet one inch, thence in a line per- 
pendicular to the southerly side of Astor Place one hundred and 
twenty-five feet to the place of beginning; which site I direct 
my executors to convey to the Trustees of the said Library, 
instead of the site in the said Codicil expressed, and I estimate 
the site now above described, at thirty-five thousand dollars. 
But if the Trustees of the said Library shall, before commencing 
the building, think a site on the easterly side of Lafayette Place 
preferable, I authorize my executors, instead of the site afore- 
said to convey to the Trustees of the Library as a site therefor, so 
much land on the easterly side of Lafayette Place as shall be 
sixty-five feet in front, and one hundred and twenty feet deep, 
to be located out of my lands there by the said Trustees ; and I 
direct that the site so directed be fairly and justly valued by my 
Executors, and the amount of such valuation be apportioned 
among the devisees of the lands out of which the selection shall 
be made, and to be held and disposed of as the land was, both 
as to capital and income. 

I direct that the sum to be appropriated for erecting the 
library building shall not exceed seventy-five thousand dollars. 
And I also allow that the funds of the said Library, may, in the 
discretion of the Trustees, be invested in bonds secured by 
mortgage of improved real estate, as well as in the stocks 
enumerated in the Codicil establishing such Library. 



ASTOR LIBRARY. 



CODICIL VI. 



Sijett), I direct and devise that Charles Bristed be one of the 
Trustees of the devise and legacy for a Public Library, provided 
for in the former Codicils to my Will, and I give him the same 
estate, interest and power, as if he virere originally named in 
such devise and legacy. 



II. 

ACT OF INCORPORATION AS AMENDED. 



An Act to Incorporate the trustees of the Astor 



Library 



Passed, i8 January, 1849; 

Laws of 1849, Chapter i. 
Amended, 16 July, 1881; 

Laws of 1881, Chapter 653. 
Amended, 24 March, 1891; 

Laws of i8gi. Chapter 96. 



The People of the State of New York, represented in Senate and 
Assembly, do enact as follows : 

Section i. The mayor of the city of New York for the time 
being in respect to his office, and Washington Irving, William 
B. Astor, Daniel Lord, James G. King, Joseph G. Cogswell, 
Fitz-Greene Halleck, Samuel B. Ruggles, Samuel Ward, Charles 
A. Bristed and their successors, are hereby created and declared 
to be a body corporate, by the name and style of "The Trustees 
of the Astor Library " ; by which name they and their successors 
may sue and be sued, plead and be impleaded, contract and be 
contracted with, and be known in all courts and places what- 
ever, and may also have a common seal, and change and alter 
the same at pleasure. 

Section ii. The direction and management of the affairs of 
the said corporation, and the control and disposal of its property 

* The Amended portions of the Act are here printed in Italic Type. 



10 ASTOR LIBRARY. 

and funds shall be vested in the said trustees and their suc- 
cessors. The number of such trustees shall be eleven: and 
they are hereby empowered, 

1. To receive from the executors of the will of John Jacob 
Astor, as recorded with the codicils thereto annexed, in the 
office of the surrogate of the city and county of New York, 
the sum of four hundred thousand dollars, by him therein 
bequeathed for the establishment of a public library in said 
city; including in said sum the price of the site selected for the 
said library, on the easterly side of La Fayette Place in said 
city, as authorized by the said testator; which site, with its 
appurtenances, the said corporation is hereby empowered to 
take and hold in fee simple for the purpose of the said library, 
and on condition to be applied and used therefor. 

2. To expend a portion of the said sum, not exceeding seventy- 
five thousand dollars, in erecting and maintaining upon the said 
site a building suitable for a public library. 

3. To expend a further amount, not exceeding one hundred 
and twenty thousand dollars, in the purchase of books, maps, 
charts, models, drawings, paintings, engravings, casts, 
statues, furniture, and other things appertaining to a library 
for general use. 

4. To invest the residue of said sum of four hundred thou- 
sand dollars as a fund for paying the value of the site of the 
building and for maintaining and gradually increasing the said 
library, and to defray the necessary expenses of taking care of 
the same, and of the accommodation of persons consulting the 
library. And in case the income of the fund shall at any time 
exceed the amounts which the said trustees may find useful to 
expend for the purposes above named and particularised, then 
to expend such surplus in procuring public lectures to be deliv- 
ered in connection with the library, upon useful subjects of 
literature, philosophy, science, history, and the fine arts, or 
in promoting in any other mode the objects of the institution as 
above expressed. 

5. To direct the expenditure of the funds, and the invest- 
ment, safe-keeping and management thereof, and of the prop- 



ACT OF INCORPORATION. 11 

erty and effects of the said corporation; also to make such 
ordinances and regulations from time to time, as the said trus- 
tees may think proper for the good order and convenience of 
those who may resort to the library or use the same; to make 
such by-laws as may be necessary and convenient in con- 
ducting the business of the said corporation ; to appoint, 
direct, control, and at their pleasure remove a superin- 
tendent of the library and all librarians and other persons 
necessary to be employed about the same, and in general to 
have and use all powers and authority necessary for promoting 
the objects of the institution as expressed in the said will and 
codicils of the said John Jacob Astor. 

Section iii. The said library shall be accessible at all 
reasonable hours and times for general use, free of expense to 
persons resorting thereto, subject only to such control and 
regulations as the said trustees from time to time may exercise 
and establish for general convenience. 

Section iu. All investments of the funds of the said corpora- 
tion shall be made in bonds secured by mortgage of productive 
real estate, or in the public debt of the United States, or of the 
states of the Union or of the city of New York, or of portions 
thereof in any of those modes, except that in the investment in 
said public debts, preference shall be given according to the 
order in which they are hereinabove named ; provided^ however, 
that such part of the funds of the corporation as were received from the 
executors of the will of Johft Jacob Astor, admitted to probate on or 
about February twenty-sixth, eighteen hundred and ninety, may be in- 
vested, from time to time, in such securities and in such manner as in 
and by the third clause of said will is authorized and permitted, and 
that any other or further donation, gift, bequest or devise hereafter 
made in further support of said library, or toward the objects connected 
therewith may be invested in such securities or in such manner as may 
be permitted or directed by the last will and testament, deed or other 
instrument creating the same.*" 

Section D. The said corporation shall be subject to the 
visitation of any courts of justice which now are or hereafter 

* Amendment of 24 March, 1891; see Laws of i8gi, Chapter 96. 



13 ASTOR LIBRARY. 

may be thereunto empowered, for the purpose of preventing 
and redressing any mismanagement, waste, or breach of trust. 

Section t)i. The said trustees shall elect one of their 
number to preside over their board, who shall hold such office 
during their pleasure, and they may also appoint, and at any 
time remove a secretary and any other officers which their busi- 
ness may require. The acts of a majority of the trustees at any 
meeting duly notified according to the by-laws, shall be valid. 
Any vacancies in the number of said trustees occurring by 
death, resignation, incapacity, or removal from this State, shall 
be filled by persons to be appointed by the remaining trustees 
or a majority of them, except that the mayor of the city of New 
York, during his continuance in office, shall always be a 
trustee. The trustees shall not receive any compensation for 
their services, except that if any one of their number shall at 
any time be superintendent, he may receive compensation as 
such. 

Scttiott t)ii. The said corporation may take and hold any 
additional donations, grants, devises, or bequests, which may be 
made in further support of the said library or the lectures or 
literary and scientific objects connected therewith. 

Bcction uiii. The property, real and personal, of the said cor- 
poration shall be exempt from taxation, in the same manner as 
that of the other incorporated public libraries of this state ; and it 
shall be the duty of the said trustees to effect such insurances 
as they shall think sufficient in amount., and as can be obtained upon 
such buildings and library, and other property against loss by 
fire or otherwise, and pay the expense thereof out of the fund 
described in the fourth sub-division of section second of this 
act.* 

Section '\%. The said trustees shall in the month of Janu- 
ary in every year, make a report to the Legislature for the year 
ending on the thirty-first day of December preceding, of the 
condition of the said library, of the funds and other property 

* Amendment of i6 July, 1881; see Laws of 1881, Chapter 653. 



ACT OF INCORPORA TION. 13 

of the corporation, and of its receipts and expenditures during 
such year. 

Section %. If any debts of the said corporation lawfully 
contracted, shall not be paid out of its funds when due, the 
trustees shall be individually liable for such funds, to the 
creditors in such cases, and to such extent as they would be if 
not incorporated. 



III. 



DECLARATION OF THE TRUSTEES SELECTING THE 
ORIGINAL ASTOR LIBRARY SITE, ETC. 



Dated, 13 April, 1849. 
Recorded 16 June, 1849. 

Liber 521 of Conveyances, Page 582. 



To all to whom these presents shall come, The Trustees of the Astor 
Library send Greeting : 

toljerettO prior to the incorporation of the said Trustees 
they on the second day of November last selected the land 
hereinafter described as a site for their Library Edifice, and in 
the act of selection did also express that the Library edifice was 
also to have the advantage of light and air from the rear by hav- 
ing twenty-five feet in the rear extending of the same width and 
embraced in a continuation of the same said lines unoccupied 
by buildings and subject to an easement in favour of the said 
Library building for these purposes <^nb U)t)crea6 difficulties 
have been suggested as to the said proposed easement, and 
thereupon the said Trustees determined to relinquish the pur- 
pose of obtaining the said easement and with this alteration to 
continue the selection of the site heretofore made. 

NoiO tl)ese |)rCBentS roitness That the Trustees of the Astor 
Library acting in execution of the powers to them given by the 
codicils of the will of John Jacob Astor Deceased have selected 
and do hereby select the lands hereinafter mentioned as the site 
of the said Library being bounded as follows: 

Beginning on the easterly side of Lafayette Place where the 
Northerly line of the lands belonging to William B. Astor 

14 



SELECTION OF ORIGINAL SITE. 15 

Esquire strikes Lafayette Place which line divides those lands 
from the lands of the said testator and running thence along 
the Easterly side of Lafayette Place Sixty-five feet Northerly 
thence Easterly in a line at right angles to Lafayette Place one 
hundred and twenty feet thence on a line parallel to the East- 
erly side of Lafayette Place sixty-five feet to the land of William 
B. Astor Esquire thence Westerly along that land and perpen- 
dicular to the line of Lafayette Place one hundred and twenty 
feet to the place of beginning. 

^nb tl)£se presents fnrtl)er tnitness that The Trustees of the 
Astor Library do hereby certify the site so selected to the Exec- 
utors of the will of the said John Jacob Astor to the end that 
the lands so selected may be fairly and justly valued by the said 
executors and that the amount of the said valuation shall be 
apportioned among the devisees of the lands out of which the 
said selection has been made and held and disposed of as the 
land was both as to capital and income according to the codicils 
of the said testator. 

^nir the Trustees of the Astor Library do hereby abandon 
and relinquish all purpose of claiming the easement aforesaid 
originally proposed to be acquired and they discharge all other 
lands of the said testator from being chosen as the site of the 
said Library Edifice. 

Jfn loitness tDl)£reof the said Corporation have caused these 
presents to be sealed with their common seal and signed by their 
President and Secretary this thirteenth day of April in the year 
of our Lord one thousand eight hundred and forty nine. 

Washington Irving (seal) 
(corporate seal) President, 

Saml B. Ruggles (seal) 

Secretary 



IV. 



DEED BY THE EXECUTORS OF JOHN JACOB ASTOR, 
DECEASED, OF THE ASTOR LIBRARY SITE. 



Dated, 19 April, 1849. 
Recorded, 13 June, 1849. 
Liber 523, of Conveyances, Page 379. 



aio oil to n)l)om tljcse presents sljaU come : William B. Astor, 
Washington Irving, James Gallatin, Daniel Lord, and John 
Jacob Astor only qualified Executors of the Will of John 
Jacob Astor deceased, and the Trustees of the Astor Library 
incorporated by a law passed January one thousand eight hun- 
dred and forty-nine, send greeting: tDtjereas the said John Jacob 
Astor now deceased, by a codicil bearing date the twenty-second 
day of August in the year of our Lord one thousand eight hundred 
and thirty-nine to his Will, did appropriate four hundred thou- 
sand dollars out of his residuary estate to the establishment of a 
public library in the city of New York, and in the said codicil 
appropriated certain lands to be the site of the Library edifice, 
and directed his executors to convey to the said Trustees in fee 
simple the said land by such proper assurances as should secure 
the land for the purpose of the Library and on condition to be 

16 



DEED BY THE EXECUTORS OF JOHN JACOB ASTOR. 17 

applied and used therefor: ottb BoljereaB by a further Codicil to 
his said will bearing date the third of March in the year of our 
Lord one thousand eight hundred and forty-one, the said Tes- 
tator did further provide that if the Trustees of the said Library 
should before commencing the building think a situation on the 
easterly side of Lafayette Place preferable, then he authorized 
his executors, instead of the site before selected by him to con- 
vey to the Trustees of the Library as a site therefor so much 
land on the easterly side of Lafayette Place as should be sixty- 
five feet in front, and one hundred and twenty feet deep, to be 
selected out of his lands there by the said Trustees, and did 
direct that the site so selected should be fairly and justly valued 
by his executors and the amount of such valuation should be 
apportioned among the devisees of the lands out of which the 
selection should be made, and be held and disposed of, as the 
land was, both as to capital and income, onb totjereas the 
building of the Library edifice has not yet been commenced, and 
the Trustees named in saiid Will surviving, did before their in- 
corporation, by a deed under their hands and seals bearing date 
the second day of November last, select the site hereinafter 
described, as preferable to the other sites contemplated and 
mentioned by the said testator in the said codicils which selec- 
tion they also ratified and confirmed by deed under their cor- 
porate seal and bearing date the eighteenth day of April instant 
and executed under the common seal of the said Trustees since 
their Incorporation, and the said Trustees did further request 
the site, so newly selected as aforesaid to be valued according 
to the said will and a Conveyance thereof to be made to them. 

Noro \\\t%t ^Jresenta tnitness that the said executors acting 
under the power conferred on them by the said Codicils and 
every of them, have valued the site so selected by the said Trus- 
tees and hereinafter appointed and conveyed to them at the sum 
of twenty-five thousand dollars to be paid out of the said legacy 
for the establishment of the said Library, to the persons entitled 
to the same lands, to be held and disposed of as the land was 
both as to capital and income. !3lniii tl)eB£ presents fitrtljer toit- 
ncss that the said William B. Astor, Washington Irving, James 
Gallatin, Daniel Lord and John Jacob Astor, Executors as 
aforesaid, acting under the powers in the testamentary codicils 



18 ASTOR LIBRARY. 

of the said John Jacob Astor deceased, to convey the lands for 
the site of the Library aforesaid and also under all and every 
power authority and right as enabling or entitling so to convey 
have appointed and conveyed and do hereby appoint and convey, 
unto the Trustees of the Astor Library, their successors and as- 
signs the following piece and parcel of land, being the site for 
the Library building, selected out of the lands of the said John 
Jacob Astor deceased by the Trustees in the Codicil of the said 
John Jacob Astor named and valued as aforesaid by the execu- 
tors of his Will, that is to say : 

beginning in the Easterly side of Lafayette Place, where the 
northerly line of the lands belonging to William B. Astor, strikes 
Lafayette Place, which line divides these lands from the lands 
of the said testator, and running thence along the Easterly line 
of Lafayette Place sixty-five feet northerly, thence in a line at 
right angles to Lafayette Place one hundred and twenty feet, 
thence on a line parallel to the Easterly side of Lafayette Place 
sixty-five feet to the land of William B. Astor, thence westerly 
along that land and perpendicular to Lafayette Place one hun- 
dred and twenty feet to the place of beginning, ©o IjOBC Oltit to 
Ijoltr the same unto the trustees of the Astor Library, their suc- 
cessors and assigns to their own use forever, as and for the pur- 
pose of the Library aforesaid according to the said devise onb 
the Trustees of the Astor Library do hereby accept the Convey- 
ance of the said lands at the valuation aforesaid, and do hereby 
grant and covenant to and with the aforesaid executors of the 
will of the said John Jacob Astor Deceased on behalf of the 
devisees of the said lands, and with the said devisees and their 
assigns according to their several and respective interests, that 
the amount of the said valuation, namely, the sum of Twenty-five 
thousand Dollars may and shall be paid out of the funds given 
to the Trustees for the said Library by the said testator to be 
apportioned among the devisees of the said lands out of which 
the selection of the said site hath been made, and to be held and 
disposed of as the land was, both as to capital and income, ac- 
cording to the terms and true intent and meaning of the devises 
of the said testator in this behalf; 

Jn U)itn£SS toljereof the said Executors have hereunto in 
duplicate set their hands and seals, and the Trustees of the 



DEED BY THE EXECUTORS OF JOHN JACOB ASTOR. 19 

Astor Library have hereunto set their Corporate seal the nine- 
teenth day of April in the year of our Lord one thousand eight 
hundred and forty-nine. 













Washington Irving 


(seal) 












Wm. 


B. AsTOR 


(seal) 












JAS. 


Gallatin 


(seal) 












Daniel Lord 


(seal) 












J. J- 


Astor 


(seal) 










The Trustees of 


THE Astor Library 












by 






(corporate 


seal) 






Washington 


Irving 
















President 


Attest 


: 
















Sam. 


B. 


RUGGLES, 
















Secretary. 









V. 



DEED BY CECILIA NOTTBECK AND HUSBAND, OF 

PREMISES ON THE EASTERLY SIDE OF 

LAFAYETTE PLACE. 



Dated, 2 August, 1855. 
Recorded, 7 August, 1855. 
Liber 694 of Conveyances, page 32. 



SLtjis JltbentHre made the second day of August one thousand 
eight hundred and fifty-five between Cecilia Nottbeck and Jean 
Nottbeck her husband of the City of St. Petersburgh in the 
empire of Russia, by Joshua Coit their Attorney duly author- 
ized by a power of Attorney bearing date the twenty-eighth 
day of March one thousand eight hundred and fifty-five 
and recorded in the office of the Register of the City and 
County of New York, parties of the first part Daniel Lord 
of the City of New York one of the Executors of John Jacob 
Astor deceased party of the second part, and the Trustees 
of the Astor Library an Incorporation under the law of 
the State of New York parties of the third part roitttessetl), 
t\)at Val\exea6 the said John Jacob Astor in and by his last Will 
and Testament and by certain codicils thereto annexed executed 
and published in due form of law to pass real estate and duly 
admitted to probate by the Surrogate of the City and County 
of New York, did devise to the above named Cecilia Nottbeck 

30 



DEED BY CECILIA NOTTBECK. 21 

then Cecilia Langdon together with Eliza A. Langdon, Louisa 
Langdon, John Jacob Astor Langdon, Walter Langdon, Wood- 
bury Langdon and Eugene Langdon or to such of them as 
should sui'vive him certain real estate including the premises 
hereinafter described, To Have and To Hold to the said devisees 
in equal shares for their lives respectively, with remainder over, 
and the said testator in and by his said Will and Codicils fur- 
ther provided, that any person who should take an estate for life 
under the said Will might with the assent of one of his execu- 
tors uniting in the Deed to manifest the same sell and convey 
in fee simple to the extent of one half in value of the lands 
devised to such life tenant in order to raise money for the im- 
provement of the residue for which application of the money so 
to be raised such executor should make provision before giving 
such assent and his uniting in the deed should make the same 
an effectual conveyance to the parties accepting the same who 
should thereby be freed from seeing to the application of the 
purchase money. 

i^nb solietetts the said John Jacob Astor Langdon departed 
this life before the death of the said testator, and the 
surviving devisees above named have procured partition of 
the said devised premises among themselves to be made 
pursuant to the provisions of the said Will and upon such par- 
tition the premises hereinafter described have been set apart to 
the said Cecilia Nottbeck in severalty, and the said Cecilia 
Nottbeck is thereby and by virtue of the said Will and Codicils 
entitled to an estate for life in severalty therein and the said 
hereinafter described premises do not exceed one half in value 
of the lands so devised to her an& U)l)Creas the said Cecilia 
Nottbeck has under and by virtue of the above recited power 
and with the assent of the said party of the second part execu- 
tor as aforesaid manifested by his uniting in this Deed, for that 
purpose bargained and agreed to sell and convey the premises 
hereinafter described to the party of the third part in order to 
raise money for the improvement of the residue of the lands 
devised to her, And the said party of the second part as such 
executor has before giving his consent thereto made provision 
for the application of the money to be raised upon such sale for 
improvement of such residue of the lands devised to her not!) 



22 ASTOR LIBRARY. 

tl)£refore tljie 3n&cntttrc roitnessetl), that the said Cecilia Nott- 
beck party of the first part, under and by virtue of the power 
in the said Will contained and above recited and with the 
assent of the said party of the second part executor as afore- 
said manifested by his uniting herein for that purpose, and for 
and in consideration of the sum of Twenty thousand dollars law- 
ful money of the United States of America the receipt whereof 
is hereby acknowledged, hath bargained, granted, sold and con- 
veyed and hereby doth bargain, grant, sell and convey to the 
said parties of the third part their successors and assigns 
!MI those two certain lots pieces or parcels of ground situate 
lying and being in the fifteenth Ward of the City of New York 
which taken together are bounded as follows JBeginitiltg at a 
point on the Easterly side of Lafayette Place distant three hun- 
dred and eighteen feet and ten inches. Southerly from the 
Southeasterly corner of Astor Place and Lafayette Place on the 
North line of land of the Astor Library, thence running East- 
erly along the line of the land of the Astor Library one hundred 
and twenty feet thence Northerly and parallel with- Lafayette 
Place fifty-two feet and six inches, thence Westerly along the 
Southerly line of the lot designated as Number lo on the map 
hereinafter described one hundred and twenty feet to Lafayette 
Place, thence Southerly along Lafayette Place fifty-two feet and 
six inches to the place of beginning being parts of lots number 
n and 12 on a map of the lands belonging to the children of 
Mrs. D. Langdon made by Gardiner A. Sage City Surveyor 
April one thousand eight hundred and fifty-four and filed in the 
office of the Register of the City and County of New York, 
®crgetl)er with all and singular the tenements hereditaments 
and appurtenances thereunto belonging, and the reversion and 
reversions rents issues and profits thereof to i|ttl)e Ottb to i|olI> 
to the said party of the third part their successors and assigns 
forever. !3lnir the said Jean Nottbeck one of the parties of the 
first part in consideration of the premises doth hereby consent 
to and unite in this conveyance and doth hereby remise and 
release to the parties of the third part, all right title and interest 
in and to the above described premises. 

In toitttCBS «)l)ereo{ the parties hereto of the first part have 
hereto set their hands and seals by their Attorney aforesaid and 



DEED BY CECILIA NOTTBECK. 23 

the party of the second part as such executor has hereto set his 
hand and seal for the purpose above recited the day and year 
above mentioned. 

Cecilia Nottbeck, and (seal) 
Jean Nottbeck (seal) 

by Joshua Coit, Att'y. 
Daniel Lord, Ex'or. (seal) 



VI. 



DEED BY LOUISA KANE AND HUSBAND OF 

PREMISES ON THE EASTERLY SIDE OF 

LAFAYETTE PLACE. 



Dated, 7 August, 1855. 
Recorded, 18 September, 1855. 
Liber 686 of Conveyances, page 619. 



i;i)iB Sntrenturc made the seventh day of August, one thou- 
sand eight hundred and fifty-five, BettDCeit Louisa Kane and 
Delancey Kane her husband of Newport in the State of Rhode 
Island, parties of the first part William B. Astor, John Jacob 
Astor Junior, Daniel Lord, Washington Irving and James 
Gallatin surviving Executors of the last Will and Testament 
of John Jacob Astor late of the City of New York Deceased, 
and trustees of the said Louisa Kane, under the provisions 
of the said Will and Codicils thereto, parties of the second 
part Daniel Lord one of. the executors of the said John 
Jacob Astor of the third part and " The Trustees of the Astor 
Library " an Incorporation under the laws of the State of New 
York, parties of the fourth part roitltCBSetl), That mifneas the 
said John Jacob Astor, in and by his said last Will and Testa- 
ment and by certain Codicils thereto annexed, executed and 
published in due form of law to pass real estate and duly ad- 
mitted to probate by the Surrogate of the City and County of 
New York, did devise to the above named Louisa Kane, then 
Louisa Langdon, together with Eliza A. Langdon Cecilia 
Langdon, John Jacob Astor Langdon, Walter Langdon, and 
Woodbury Langdon and Eugene Langdon, children of his 

24 



DEED BY LOUISA KANE. 35 

daughter Mrs. Dorothea Langdon or to such of them as should 
survive him, certain real estate including the premises hereinafter 
described So §at)e anb @Co ^olb to the said devisees in equal 
shares for their lives respectively with remainder over. And 
the said Testator in and by his said Will and Codicils further 
provided that any person who should take an estate for life 
under the said Will might, with the assent of one of his executors 
uniting in the Deed to manifest the same sell and convey the 
same in fee simple to the extent of one half in value of the lands 
devised to such life-tenant in order to raise money for the im- 
provement of the residue for which application of the money so 
to be raised such Executor should make provision before giving 
such assent and his uniting in the Deed should make the same 
an effectual conveyance to the parties accepting the same, who 
should thereby be freed from seeing to the application of the 
purchase money. 

i^nb tnljereas the said John Jacob Astor in and by the Sixth 
Codicil to his said Will, gave to the other Children of Mrs. 
Dorothea Langdon above named one half of the shares estate 
and interest in the lands which by the said Will and Codicils 
thereto, had been given as aforesaid to the said Louisa Lang- 
don including the land hereinafter described and did in and by 
the said Codicil give to his executors the parties hereto of the 
first part, the other half of the said lands, in trust, to receive the 
rents, issues and profits thereof, for the life of the said Louisa, 
and to apply the same for her use, clear of any control debts or 
rights of her husband thereto with remainder over, and did 
further in and by the said Codicil authorize his daughter the said 
Dorothea Langdon to appoint and give to the said Louisa any 
part not exceeding in value, one half of the real and personal 
estate by the said Codicil taken from said Louisa and given to 
others. 2lnb whereas in a certain suit pending in the Court of 
Appeals of the State of New York wherein the said Louisa 
Kane by Alexander W. Bradford her next friend was com- 
plainant and appellant and William B. Astor, John Jacob Astor, 
Junior, Washington Irving, James Gallatin, Daniel Lord, and 
James G. King (since deceased) executors of the last Will and 
Testament of the said John Jacob Astor Dorothea A. Langdon, 
Robert Boreel and Sarah his wife, Walter Langdon, Wood- 



26 ASTOR LIBRARY. 

bury Langdon, Eugene Langdon, Jean Nottbeck and Cecilia 
his wife, Delancey Kane, and Walter Kane, Delancey Kane Jr. 
and Nicholson Kane, infant children of the said Louisa Kane, 
were defendants and respondents it was by the Judgment of the 
said Court of Appeals adjudged and determined that the 
powers of leasing and of sale and of other powers, clauses 
and limitations which by the said Will or any codicil thereto 
were applicable to the real or personal estate given to the said 
Louisa Kane or her issue by the said Will or Codicils prior to 
the said sixth Codicil are and continue applicable to the same 
notwithstanding the changes of interest operated by the said 
sixth Codicil, and the said power of appointment and the said 
instrument in execution thereof or by any of them, ^nb 
whereas the said John Jacob Astor Langdon, departed this life 
before the death of the said testator and the surviving devisees 
above named together with the said trustees of the said Louisa 
Kane have procured partition of the said premises among them- 
selves to be made pursuant to the provisions of the said Will 
and upon such partition the premises hereinafter described have 
been set apart to the parties hereto of the second part in trust 
for the said Louisa Kane, in severalty during her life pursuant 
to the provisions of the said Will and Codicil atlb whereas such 
of the lands so devised to the said Louisa Kane for life as have 
been sold for the improvement of the residue under and by 
virtue of the aforesaid power including the hereinafter described 
premises, do not exceed one half in value of the lands so devised 
to her. 

Nou) tijerefore tl)is Jnbcntttre roitnesscti) that the said parties 
of the first and second parts under and by virtue of the power 
in the said Will contained and above recited, and with the assent 
of the said party of the third part, executor as aforesaid mani- 
fested by his uniting herein for that purpose and for and in 
consideration of the sum of Four hundred and seventy- 
six dollars lawful money of the United States of America, 
paid to the parties of the second part the receipt whereof 
is hereby acknowledged, have bargained sold and conveyed, 
and do hereby bargain sell and convey to the said parties 
of the fourth part, their successors and assigns %\\ that cer- 
tain piece, parcel or lot of ground situate lying and being 



DEED BY LOUISA KANE. 27 

in the Fifteenth Ward of the City of New York, bounded as 
follows beginning at a point on the Easterly side of LaFayette 
Place distant two hundred and forty feet and one inch Southerly 
from the Southeasterly corner of Astor Place and Lafayette 
Place on the Northerly line of the lot designated as number 
" lo" on a map of lands belonging to the children of Mrs. D. 
Langdon made by Gardiner A. Sage, City Surveyor April one 
thousand eight hundred and fifty four, and filed in the office of 
the Register of the City and County of New York, thence running 
Easterly along the said Northerly line of the said lot number 
" 10 " one hundred and twenty feet, thence Northerly and parallel 
with Lafayette Place one foot and three inches, thence Westerly 
and parallel with the said Northerly line of lot number " lo" one 
hundred and twenty feet to Lafayette Place; thence Southerly 
along Lafayette Place one foot and three inches to the place of 
beginning being a part of lot number "9" on the map afore- 
said; Together with all and singular the tenements and heredita- 
ments thereto belonging and the reversion and reversions rents 
issues and profits thereof To Have and To Hold to the said 
parties of the fourth part their successors and assigns forever, 
<3tnb the said Delancey Kane one of the parties of the first part 
in consideration of the premises and of one dollar received by 
him doth hereby consent to and unite in this conveyance and 
doth hereby remise and release to the said parties of the fourth 
part, all his right title and interest in and to the above described 
premises. 

3n roitnCBS roljereof the parties hereto of the first and second 
parts have hereto set their hands and seals and the party of the 
third part as such executor has hereto set his hand and seal for 
the purpose above recited on the day and year above men- 
tioned. 

Louisa D Kane (seal) 

Delancey Kane (seal) 

Wm B Astor (seal) 

Washington Irving (seal) 
Jas Gallatin (seal) 

Daniel Lord (seal) 

J. J. Astor Jr (seal) 

Dan. Lord, Ex'or etc (seal) 



VII. 



DEED BY LOUISA KANE AND HUSBAND OF 

PREMISES ON THE EASTERLY SIDE OF 

LAFAYETTE PLACE. 



Dated, 7 August, 1855. 
Recorded 18 September, 1855. 

Liber 686 of Conveyances, page 615. 



®l)ie Inbentltrc made the Seventh day of August one thousand 
eight hundred and fifty-five between Louisa Kane and Delancey 
Kane her husband of Newport in the State of Rhode Island 
parties of the first part Daniel Lord one of the Executors of 
John Jacob Astor late of the City of New York Deceased party 
of the second part and "The Trustees of the Astor Library" 
an incorporation under the law of the State of New York, parties 
of the third part. 

iUitnessetll That H)l}er£a6 the said John Jacob Astor in and 
by his last will and Testament, and by certain Codicils thereto 
annexed, executed and published in due form of law to pass real 
estate, and duly admitted to probate by the Surrogate of the 
City and County of New York, did devise to the above named 
Louisa Kane, then Louisa Langdon, together with Eliza A. 
Langdon Cecilia Langdon, John Jacob Astor Langdon Walter 
Langdon, Woodbury Langdon and Eugene Langdon, children 
of his daughter Mrs. Dorothea Langdon or to such of them as 
should survive him, certain real estate including the premises 

28 



DEED BY LOUISA KANE. 39 

hereinafter described. So ^OBC attb ®0 i^olb to the said devi- 
sees in equal shares for their lives respectively with remainder 
over And the said Testator in and by his said Will and Codicils, 
further provided that any person who should take an estate for 
life under the said Will might, with the assent of one of his 
executors uniting in the Deed to manifest the same sell and con- 
vey in fee simple, to the extent of one half in value of the lands 
devised to such life tenant in order to raise money for the 
improvement of the residue for which application of the money 
so to be raised such Executor should make provision before 
giving such assent, and his uniting in the Deed should make the 
same an effectual conveyance to the parties accepting the same, 
who should thereby be freed from seeing to the application of 
the purchase money atxb whereas the said John Jacob Astor in 
and by the sixth Codicil to his said Will, gave to the other chil- 
dren of Mrs. Dorothea Langdon above named one half of the 
shares estates and interest in the lands which by the said Will 
and the Codicils thereto, had been given as aforesaid to the said 
Louisa Langdon including the land hereinafter described and 
did in and by the said Codicil give to his executors, the parties 
hereto of the first part, the other half of the said lands, in 
trust, to receive the rents, issues and profits thereof for the life 
of the said Louisa, and to apply the same for her use clear of 
any control, debts or rights of her husband thereto with remain- 
der over, and did further in and by the said Codicil authorize 
his daughter the said Dorothea Langdon to appoint and give to 
the said Louisa, any part not exceeding in value one half of the 
real and personal estate by the said Codicil taken from said 
Louisa and given to others. !^nb whereas the said Dorothea 
Langdon after the death of the said John Jacob Astor did by an 
instrument in writing under the power conferred on her by the 
said Codicil appoint and give to the said Louisa one half of the 
real estate which by the said Codicil was taken from said Louisa 
and given to others !^ni> whereas in a certain suit pending in 
the Court of Appeals of the State of New York wherein the said 
Louisa Kane by Alexander W. Bradford her next friend was 
complainant and appellant and William B. Astor, John Jacob 
Astor, Junior, Washington Irving James Gallatin Daniel Lord, 
and James G. King (since deceased) Executors of the last Will 



30 ASTOR LIBRARY. 

and testament of the said John Jacob Astor, Dorothea A. 
Langdon Robert Boreel and Sarah his wife Matthew Wilks 
and Eliza his wife Walter Langdon, Woodbury Langdon 
Eugene Langdon, Jean Nottbeck and Cecilia his wife Delancey 
Kane Junior and Nicholson Kane infant children of the said 
Louisa Kane now defendants and respondents it was by the 
Judgment of the said Court of Appeals adjudged and deter- 
mined that the powers of leasing, and of sale, and of other 
powers clauses and limitations which by the said Will or any 
Codicil thereto were applicable to the real or personal estate 
given to the said Louisa Kane or her issues by the said Will 
and Codicil prior to the said Sixth Codicil, are and continue 
applicable to the same notwithstanding the changes of interest 
operated by the said sixth Codicil, and the said power of 
appointment and the said instrument in execution thereof, or 
by any of them. !^n& whereas the said John Jacob Astor 
Langdon departed this life before the death of the said testator 
and the surviving devisees above named together with the said 
trustees of the said Louisa Kane have procured partition of the 
said premises among themselves to be made pursuant to the 
provisions of the said Will, and upon such partition, the prem- 
ises hereinafter described have been set apart to the said Louisa 
Kane in severalty, and the said Louisa Kane is thereby and by 
virtue of the said Will and Codicils entitled to an estate as ten- 
ant for life in severalty therein, anb whereas such of the lands 
so devised to the said Louisa Kane for life as have been sold for 
the improvement of the residue under and by virtue of the 
aforesaid power, including the hereinafter described premises, 
do not exceed one half in value of the lands so devised to her 
aniJ whereas the said Louisa Kane has under and by virtue of 
the above recited power and with the assent of the said party of 
the second part, executor as aforesaid manifested by his unit- 
ing in this deed for that purpose bargained and agreed to sell 
and convey the premises hereinafter described to the party of 
the third part in order to raise money for the improve- 
ment of the residue of the lands so devised to her and the 
said party of the second part as such executor has before 
giving his consent thereto made provision for the application of 
the money so to be raised upon such sale for the improvement 



DEED BY LOUISA KANE. 31 

of such residue of the lands so devised to her NoU) tl)erefore ll)is 
Jlt&entnrc toitnessetl), that the said Louisa Kane, party of the 
first part under and by virtue of the power in the said Will con- 
tained, and above recited and with the assent of the said party 
of the second part executor as aforesaid manifested by his 
uniting herein for that purpose and for and in consideration of 
the sum of Ten thousand dollars lawful money of the United 
States of America, the receipt whereof is hereby acknowledged, 
hath bargained, granted sold and conveyed and hereby doth 
bargain grant sell and convey to the said parties of the third 
part their successors and assigns '^W that certain piece parcel 
or lot of ground situate lying and being in the fifteenth Ward 
of the City of New York bounded as follows Beginning at a 
point on the Easterly side of Lafayette Place distant two hun- 
dred and sixty-six feet and four inches Southerly from the South- 
easterly corner of Astor Place and Lafayette Place on the North- 
erly line of the lot of ground designated as number " ii " on a 
map of lands belonging to the children of Mrs. D. Langdon, made 
by Gardiner A. Sage City Surveyor April one thousand eight 
hundred and fifty-four and filed in the Office of the Register of 
the City and County of New York thence running Easterly 
along the line of said lot number " ii " one hundred and twenty 
feet thence Northerly and parallel with Lafayette Place twenty- 
six feet and three inches to the Southerly line of lot number " 9 " 
on the said map, thence Westerly along the Southerly line of 
said lot number " 9 " one hundred and twenty feet to Lafayette 
place thence Southerly along Lafayette Place twenty-six feet 
and three inches to the place of beginning; being a part of lot 
number " 10 " on the map aforesaid 9[ogctt)et with all and 
singular the tenements hereditaments and appurtenances there- 
unto belonging and the reversion and reversions rents issues 
and profits thereof To have and to hold to the said parties of 
the third part their successors and assigns forever anil the said 
Delancey Kane one of the parties of the first part in considera- 
tion of the premises doth hereby consent to, and unite in this 
conveyance and doth hereby remise and release to the parties of 
the third part all right title and interest in and to the above de- 
scribed premises. 3n KiitncSB whereof the said parties of the 
first part have hereto set their hands and seals, and the party of 



32 ASTOR LIBRARY. 

the second part, as such executor has hereto set his hand and 
seal for the purpose above recited the day and year above 
mentioned. 

Louisa D. Kane (seal) 

Delancey Kane (seal) 

Daniel Lord, Ex'or, etc. (seal) 



VIII. 

EXTRACT FROM THE REPORT OF THE TRUSTEES 
OF THE ASTOR LIBRARY TO THE LEGISLA- 
TURE OF THE STATE OF NEW YORK 
FOR THE YEAR 1857. 



Dated 27 January, 1858. 



In former communications to the Legislature, accompanied 
by the reports of the superintendent, the trustees deemed it 
their duty, to express their convictions, that not only the con- 
venience of the public, but the preservation and safety of the 
library absolutely demanded, that the books should not be lent 
out or taken from the library building, under any circumstances. 
Several years of practical experience in the management of the 
institution have fully confirmed them in this opinion. In a 
library of reference, intended for students, properly economical 
of time, and often coming from a distance for consultation, the 
necessity for every book required being always ready for exam- 
ination without delay, must be apparent. The trustees have 
therefore deemed it proper and necessary, to prevent any further 
agitation of the subject by entering on their records a stipula- 
tion expressing those views in such a form as to furnish a pledge, 
not only to the public, but to every friend of learning, who may 
hereafter feel disposed to aid the library by donations or endow- 
ments. 

33 



34 AS TOR LIBRARY. 

A reference to their minutes will show, that at their meeting 
on the 29th of July, 1857: 

" Mr. Aster stated, that the donations by him made, and 
some intended to be hereafter made, were on the understanding, 
that it was the settled and unchangeable basis of administering 
the library, that its contents should remain in the library rooms, 
for use by readers there, and should not be lent out or allowed 
to be taken from the rooms ; and he requested, that the views 
of the board be freely and fully expressed. " It was thereupon 

' ' Resolved, That the settled and unchangeable plan of ad- 
ministering the library is the one above expressed and un- 
derstood by Mr. Astor; and that the donations in money, 
land and otherwise, received from Mr. Astor, and to be 
hereafter received from him, and from other friends of 
learning, are received and will be administered according 
to such plan, and not otherwise." 



IX. 



EXTRACTS FROM THE WILL AND CODICILS OF 
WILLIAM BACKHOUSE ASTOR. 



Will dated, 17 June, 1856. 

Codicil I. dated, 25 April, 1862. 

Codicil II. dated, 22 December, 1862. 

Codicil III. dated, 26 January, 1865. 

Codicil IV. dated, 30 January, 1865. 

Codicil V. dated, 28 December, 1866. 

Codicil VI. dated, i February, 1868. 

Codicil VII. dated, 19 December, 1868. 

Codicil VIII. dated, 28 May, 1869. 

Codicil IX. dated, 2 June, 1871. 
Admitted to Probate in New York, 29 November, 1875. 

Recorded Liber 237 of Wills, page 9. 



WILL. 

®eittl). With the intent of furthering the purpose of my 
father in the establishment of a Public Library, which Library is 
now incorporated by the name of The Trustees of the Astor 
Library, I had determined to add to its endowment two hundred 
and fifty thousand dollars; and I have in pursuance of such 
purpose given to it lands adjacent to present site to the 
amount of thirty thousand four hundred and seventy-six dollars, 
and have also at several times heretofore advanced to it for the 
purchase of books, the improvement of the existing building 
and otherwise, considerable sums of money, and I contemplate 
further advances in the erection of an additional building, 

35 



36 ASTOR LIBRARY. 

(which I hope to complete in my life), and also in adding to the 
books forming the Library; Now I do further direct that it be 
ascertained by my executors what sums of money shall have 
been advanced by me towards the said Library, (of which entries 
in my books will give sufficient and authentic notice), without 
computing interest thereon, and if the amount of such advances 
including what may have been paid for the land and the new 
building shall fall short of two hundred and fifty thousand dol- 
lars, then I direct that the deficiency or balance short of that 
sum shall be made up to the said Library, first applying the 
same to complete the building and edifice now contemplated, if 
it shall not have been completed and paid for at my decease; 
and I give to the Trustees of the Astor Library such unpaid 
amount necessary to make up the full sum of two hundred and 
fifty thousand dollars to be applied to the purposes of that Insti- 
tution as expressed in the Codicils to my father's Will. 



CODICIL I. 

NintI). The balance of the legacy intended by me for The 
Astor Library in the Tenth Clause of my Will, I declare to be 
fifty-four thousand dollars ; which, or the balance which shall 
be unpaid at my decease I direct to be paid in three equal annual 
instalments commencing the first payment one year from my 
decease. 



CODICIL VIII. 

iTirst. I declare that the amount of balance now remaining 
unpaid of the bequests made to The Trustees of the Astor 
Library by the tenth Clause of my said original Will and referred 
toin the ninth clause of the said Codicil of April 25, 1862, is forty- 
nine thousand dollars, and in addition thereto I now give and 
bequeath to the Trustees of the Astor Library the further sum 
of two hundred thousand dollars payable in United States legal 
tender paper currency, or its equivalent, according to the direc- 



WILL OF WILLIAM B. ASTOR. 37 

tions of the said Codicil of January 30, 1865,* in three equal 
successive annual instalments, the first of which shall be payable 
at the expiration of one year from my death. I will and direct 
that this sum of two hundred thousand dollars be invested, 
kept and held by the said The Trustees of the Astor Library as 
capital or a permanent fund, the income of which shall be 
applied from time to time to the purchase of books and the 
maintenance of the Library with liberty however to the said 
Trustees to expend such portion, not exceeding in all twenty- 
five thousand dollars of the said capital sum of two hundred 
thousand dollars, as they shall deem fit, in the purchase of 
books for the library from time to time. And I will and direct 
that the investments to be from time to time made by the said 
The Trustees of the Astor Library of the said capital sum of 
two hundred thousand dollars, shall be in securities of such 
character as are now required by law for the investment of their 
funds. 

* This fourth codicil referred to is a direction to the Executors and Trustees 
as to the value and valuation to be by them made of money and property con- 
templated in the Will "as affected by the currency or standard of value or 
medium of payment." 



X. 



DEED OF GIFT BY JOHN JACOB ASTOR, JUNIOR, OF 
LOTS ADJOINING THE ASTOR LIBRARY SITE. 



Dated, 5 December, 1879. 
Recorded, ii December, 1879. 
Liber 1529 of Conveyances, page i. 



®l)i6 Jnbentnre made the fifth day of December in the year of 
our Lord, one thousand eight hundred and seventy-nine JB^ttDCen 
John Jacob Astor of the City of New York and Charlotte Augusta 
his wife of the first part, and The Trustees of the Astor 
Library, a corporation created and existing under and by vir- 
tue of the laws of the State of New York of the second part: 
toitncssetl), That the said parties of the first part, for and in 
consideration of the sum of one dollar, lawful money of the 
United States of America, to them in hand paid by the said 
party of the second part at or before the ensealing and delivery 
of these presents, the receipt whereof is hereby acknowledged, 
have granted, bargained, sold, aliened, remised, released, con- 
veyed and confirmed, and by these presents do grant, bargain, 
sell, alien, remise, release, convey and confirm, unto the said 
party of the second part, and to its successors and assigns, for- 
ever, !^U those three certain lots pieces or parcels of land 
situate in the City of New York, which taken together are 
bounded and described as follows: that is to say: Beginning 
at a point on the Easterly side of La Fayette Place distant 
one hundred and sixty-one feet and four inches Southerly 
from the Southerly side of Astor Place, and running thence 

38 



DEED B Y JOHN J A COB A S TO A', J UNIOR. 39 

Easterly at right angles to La Fayette Place one hundred feet, 
thence Southerly and parallel with La Fayette Place fifty-two 
feet and six inches, thence Easterly at right angles to La Fayette 
Place twenty feet, thence Southerly and parallel with La Fayette 
Place twenty-five feet, thence Westerly at right angles to La 
Fayette Place one hundred and twenty feet to the Easterly side 
of La Fayette Place, and thence Northerly along the said East- 
erly side of La Fayette Place seventy-seven feet and six inches 
to the place of beginning, being the same premises which were 
conveyed to the said John J. Astor by deed bearing date on the 
twenty-second day of April, eighteen hundred and seventy nine 
made by Philip Kissam. 

SCogetljcr with all and singular the tenements, hereditaments, 
and appurtenances thereunto belonging, or in any wise apper- 
taining, and the reversion and reversions, remainder and 
remainders, rents, issues and profits thereof. 

^nb also all the estate, right, title and interest, dower and 
right of dower, property, possession, claim and demand what- 
soever as well in law as in equity, of the said party of the first 
part, of, in or to the above described premises, and every part or 
parcel thereof, with the appurtenances. ^0 ^auc an& CIo %o\h 
all and singular the above mentioned and described premises, 
together with the appurtenances, unto the said party of the sec- 
ond part, its successors or assigns, forever. 

Sn ttjitness roljercof the parties aforesaid have hereunto set 
their hands and seals the day and year first above written. 

J. J. AsTOR (seal) 
C. A. AsTOR (seal) 



XI. 



DEED OF GIFT BY JOHN JACOB ASTOR, JUNIOR, OF 
No. 34 LAFAYETTE PLACE, NEW YORK CITY. 



Dated, io May, i888. 

Recorded in New York Register's Office, io May, i8 
Liber 2131 of Conveyances, page 195. 



Sljis irnbenture, made the tenth day of May, in the year one 
thousand eight hundred and eighty-eight, JBctmeen John Jacob 
Astor of the City of New York, party of the first part, and The 
Trustees of the Astor Library, a corporation located in the same 
city, parties of the second part, tUitttesaetlji That the said party 
of the first part, for and in consideration of the sum of one dol- 
lar, lawful money of the United States of America, to him in 
hand paid by the said parties of the second part, at or before the 
ensealing and delivery of these presents, the receipt whereof is 
hereby acknowledged, has granted, bargained, sold, aliened, 
remised, released, conveyed and confirmed, and by these presents 
doth grant, bargain, sell, alien, remise, release, convey and con- 
firm, unto the said parties of the second part, and to their suc- 
cessors and assigns, forever, ^^.U that certain lot, piece or 
parcel of land with the buildings thereon, situate, lying and 
being in the Fifteenth Ward of the City of New York, County 
and State of New York, known by the Street Number Thirty- 
Four (34), Lafayette Place, being more particularly bounded 
and described as follows, that is to say: Beginning at a 
point on the Easterly side of Lafayette Place, at the South- 

40 



DEED OF 34 LA FA YETTE PLACE. 41 

westerly corner of the land now owned by the parties of 
the second part, such point of beginning being distant Three 
hundred and eighty-four feet two inches and three quarters 
of an inch or thereabouts Southwesterly from the corner 
formed by the Southerly side of Astor Place and the said East- 
erly side of Lafayette Place, and running thence Southwesterly 
along said Easterly line of Lafayette Place, Twenty-six feet four 
inches and one quarter of an inch to the exterior line of the north- 
erly wall of the house formerly the dwelling house occupied by 
William B. Astor, now deceased, standing upon the premises 
Known as Number Thirty- two (32) Lafayette Place, and now the 
property of the said party of the first part, thence Easterly along 
the outer line or side of the said northerly wall of said house, 
and of a frame addition to said house, so as not to include any 
part of said wall, or of said addition. Seventy-six feet eleven 
inches and one quarter of an inch to the Northeasterly corner of 
said frame addition, thence Northwardly on a jog along the 
outer end of the Brick wall of the yard of the premises Number 
Thirty-two (32) Lafayette Place to the Northwesterly corner of 
that yard wall, thence Eastwardly along the outer and Northerly 
line of said wall of the yard of said premises Number Thirty-two 
(32) Lafayette Place, Thirty-three feet and four and a quarter 
inches or thereabouts to the Westerly line of the stable standing on 
the rear portion of the premises hereby conveyed, thence South- 
wardly twelve inches or thereabouts along the West wall of said 
stable, to the Southwesterly corner of said stable, thence East- 
erly along the outer line of the Southerly wall of said stable to 
the Southerly corner of said stable, thence Eastwardly in a 
straight line in continuation of the said outer line of said South- 
erly wall of said stable, Nine feet and nine and a half inches 
or thereabouts to a point being the Northeasterly corner of the 
yard of the said premises Number Thirty-two (32) Lafayette 
Place, as the same are now in possession and being also the 
South-easterly corner of the rear yard of the premises hereby 
conveyed the said point being distant in a straight line One hun- 
dred and fifty-five feet, two inches and one half an inch East- 
wardly from said Easterly line of Lafayette Place, thence North- 
erly in a diagonal line along the rear line of the said rear yard of 
the premises hereby conveyed as now in possession Twenty-seven 



42 A STOR LIBRAE Y. 

feet one inch and three-quarters of an inch to the Northeasterly 
corner of the said rear yard, the same being a point distant in a 
straight line One hundred and fifty feet seven inches East- 
wardly from said line of Lafayette Place and the said rear yard 
of the premises hereby conveyed, being an open space in the 
rear of the stable on said premises, about nine feet and a half 
of an inch in depth on its Southerly side, and about five feet 
one and a half inches in depth on its Northerly side, and from 
thence Westwardly along the Northerly line of the rear yard of 
the premises hereby conveyed, and thence along the Northerly 
side wall of the stable upon the premises hereby conveyed on 
the outer side of said wall until the said line meets the Southerly 
line of the premises now belonging to the said parties of the 
second part, and thence Westwardly along the said Southerly 
line of said premises now belonging to the parties of the second 
part, to the point or place of beginning, be the said several 
dimensions and distances respectively more or less. 

Sogetljer with all and singular the tenements, hereditaments 
and appurtenances thereunto belonging, or in any wise apper- 
taining, and the reversion and reversions, remainder and re- 
mainders, rents, issues and profits thereof. !^nb also, all the 
estate, right, title, and interest, property, possession, claim or 
demand whatsoever, as well in law as in equity, of the said 
party of the first part, of, in, or to the above described premises, 
and every part and parcel thereof, with the appurtenances, 
(Jo i^atJe anb ilo i|oIb all and singular the above mentioned 
and described premises, together with the appurtenances, unto 
the said parties of the second part, their successors and assigns, 
forever. 

J. J. AsTOR (seal) 



XII. 

EXTRACTS FROM THE WILL OF 
JOHN JACOB ASTOR, JUNIOR. 



Will dated, 6 January, 1888. 

Admitted to probate in New York, z6 February, i8go. 
Recorded Liber 429 of Wills, page 287. 



®l)ir&. I give to the Corporation known as The Trustees of 
the Astor Library, from my personal estate the sum of four hun- 
dred thousand dollars to be paid at the expiration of two years 
from my death, and to be invested and kept invested by said 
corporation in any stocks or securities, or property of any other 
description whatsoever either real or personal, in the discretion 
of the Trustees of the said Corporation styled The Trustees of 
the said Astor Library. ^n& I will and direct that the net in- 
come of the said fund of four hundred thousand dollars, from 
time to time be applied to and be expended in the purchase of 
books to be added to the Library, and not to be used for the 
payment of or for the increase of salaries of officers or employees, 
nor for the purchase of furniture, or other current expenses, nor 
for any other purpose than the purchase of, or binding of 
books 

<3lni> I will and declare that the special declarations above con- 
tained in this third article in relation to the investment of said 
bequest as a permanent fund and the application of the income 
thereof as aforesaid are not to be so construed as to create any 
trust not legally permissible, nor so as to impair the legal owner- 

48 



44 AStOR LIBRARY. 

ship and control of the fund and its income and proceeds by the 
corporation, as fully as may be legally necessary to the validity 
of the bequest to it of the sum aforesaid. 

iTottrtl). I give and bequeath to the said Corporation known 
as The Trustees of the Astor Library the further sum of fifty 
thousand dollars ; and I request that this sum be, by said Cor- 
poration, invested and kept invested as a permanent fund and 
that the net income thereof be applied to paying the Trustees 
of said Corporation from time to time fees or allowances for 
attending the meetings of such Trustees, at the rate of ten dollars 
to each attending Trustee at each meeting, and that, if and as 
there may be an accumulation of such fund after making such 
payments so as to permit the raising of the rate of such regular 
fees or allowances, and the payment thereof out of the net in- 
come of such fund without trenching upon the capital, the rate 
of such regular fees or allowances may be raised from time to 
time by resolution of the Board of Directors to such extent as 
they in their discretion may deem fit, and as the net income 
of the fund without trenching upon the capital may suffice to 
pay. ^nir I will and declare that the special declarations above 
contained are not to be so construed as to create any trust not 
legally permissible, nor so as to impair the legal ownership and 
control of the fund and its income and proceeds by the corpo- 
ration as fully as is legally necessary to the validity of the 
bequest to it of the sum aforesaid. 



XIII. 



EXTRACTS FROM THE WILL AND CODICILS OF 
WILLIAM ASTOR. 



Will dated, 12 January, 1882. 

Codicil I. dated, 2 November, 1882. 

Codicil II. dated, 13 December, 1884. 

Codicil III. dated, 15 March, 1886. 

Codicil IV. dated, 6 June, 1888. 

Codicil V. dated, 27 June, 1890. 

Codicil VI. dated, 12 November, 1891. 
Admitted to Probate in New York, 26 July 1892. 

Recorded Liber 473 of Wills, page 207. 



ARTICLE NINTH. 



3Um 3. I give to the Trustees of the Astor Library to be 
held as an endowment fund the sum of Fifty thousand Dollars, 
the income to be applied for the corporate uses of said Society. 



ARTICLE FIFTEENTH. 

It is my wrill and intention that neither my brother Henry 
Astor or his issue shall as heirs at law or next of kin receive any 
portion of my estate and any such portion to which he or they 
would in any contingency be entitled to I give to the Trustees 
of the Astor Library for the corporate purposes of the said Insti- 
tution. 

45 



Bocumente IRelating to ^be trustees of tbe 
Xenoy Xlbrari?. 



XIV. 
ACT OF INCORPORATION AS AMENDED. 



An Act to Incorporate The Trustees of the Lenox 
Library.* 

Passed, 20 January, 1870; 

Laws of 1870, Chapter 2. 
Amended, 19 March, 1892; 
Laws of 1892, Chapter 166. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows : 

Bettion i. James Lenox, William H. Aspinwall, Hamilton 
Fish, Robert Ray, Alexander Van Rensselaer, Daniel Hunting- 
ton, John Fisher Sheafe, James Donaldson, and Aaron B. 
Belknap, and their successors, are hereby created and declared 
to be a body corporate by the name and style of "The Trustees 
of the Lenox Library ", by which name they and their succes- 
sors may sue and be sued, plead and be impleaded, contract 
and be contracted with, and be known in all courts and places 
whatever ; and may also have a common seal, and alter the same 
at pleasure. 

Qection ii. The direction and management of the affairs of 
the said Corporation, and the control and disposal of its 
property and funds shall be vested in the said trustees and 
their successors. The number of such trustees shall be nine, 
iut the trustees may, by a two-thirds vote of those present at any 

* The Amended portions of the Act are here printed in ItaUc Type. 

49 



50 LENOX LIBRARY. 

regular meeting, increase the same to a number not exceeding twenty- 
four. The said Trustees are hereby empowered : 

1. To receive from the said James Lenox, his collection of 
manuscripts, printed books, engravings, and maps, statuary, 
paintings, drawings, and other works of art; also, the sum of 
Three hundred thousand Dollars, to be used for the establish- 
ment of a public library in the City of New York, and such real 
estate as he may convey for a site for the same in the Nineteenth 
ward of the said city in the vicinity of Central Park; which site, 
with its appurtenances, the said Corporation is hereby em- 
powered to take and hold in fee simple for the purposes of the 
said library, and to be applied and used in connection with the 
same, and for no other purpose. 

2. To expend a portion not exceeding two-thirds of such sum 
above referred to, in erecting upon the said site a building suit- 
able for a public library, and in the purchase of furniture and 
other things appertaining to a library for general use. 

3. To invest the residue of said sum for maintaining and 
gradually increasing the said library ; and to defray the neces- 
sary expenses of taking care of the same, and of the accommo- 
dation of persons consulting the library ; and in case the income 
of the fund shall, at any time, exceed the amount which the said 
Trustees may find useful to expend for the purposes above 
named and particularized, then to expend such surplus in pro- 
curing public lectures to be delivered in connection with the 
library upon useful subjects of Science, History, Literature and 
the Fine Arts; or in promoting in any other mode the objects of 
the institution as above expressed ; or, if it become necessary, 
in increasing the capacity of the building. 

4. To direct the expenditure of the funds, and the investment, 
safe-keeping and management thereof, and of the property and 
effects of the said corporation; also to make such ordinances 
and regulations, from time to time, as the trustees may think 
proper for the good order and convenience of those who may 
resort to the library, or use the same ; to make such By-Laws 
as may be necessary and convenient in conducting the business 
of the said corporation ; to appoint, direct, control, and at their 
pleasure remove a superintendent of the library and all librarians 
and other persons necessary to be employed about the same; 



A CT OF INCORPORA TION. 51 

and in general, to have and use all powers and authority neces- 
sary for promoting the objects of the institution. 

0ection iii. The library shall be accessible at all reasonable 
hours during the day, for general use, free of expense to per- 
sons resorting thereto, subject only to such control and regula- 
tions as the said trustees, from time to time, may exercise and 
establish for general convenience. 

Section it). All investments of the funds of the said corpora- 
tion shall be made in bonds secured by mortgage of productive 
real estate in the cities of New York and Brooklyn, or in the 
public debt of the United States, or of the State of New York, 
or of the cities of New York or Brooklyn, or portions thereof 
in any of these ways; except that, in the investment in said 
public debts, preference shall be given according to the order in 
which they are hereinabove named. 

Settiott t). The said corporation shall be subject to the visita- 
tion of the Supreme Court of this State for the purpose of pre- 
venting any mismanagement, waste or breach of trust. 

Section ci. At the first regular meeting held after the passage of 
this act * the trustees shall fix the time for an annual election of trustees. 
They shall also, by lot or otherwise, divide themselves into three equal 
classes ; the trustees who shall be in the first class shall serve until, 
their terms of office shall cease and determine at the first annual elec- 
tion appointed to be held thereafter; those in the second class shall serve 
for one year longer, and those in the third class for two years longer, when 
their terms of office shall also cease and determine. At each annual 
election one-third of the full number of trustees shall be elected to serve 
for three years. At the same time the trustees shall elect one of their 
number to preside over the Board, who shall hold office for one year. 
Any vacancy in the number of trustees occurring from any cause may 
be filled at any time by a vote of two-thirds of the remaining trustees. 

The trustees may appoint and at any time remove a secretary 
and any other officers whom their business may require. The 
acts of a majority of the trustees at any meeting duly notified 
according to the By-Laws shall be valid. The trustees shall 
not receive any compensation for their services except that if 

* The amendatory act, passed 19 March, 1892. 



52 LENOX LIBRAR V. 

any one of their number shall at any time be superintendent he 
may receive compensation as such. 

Section uii. The said corporation may take and hold any 
additional donations, grants, devises or bequests, subject to all 
the provisions of the law relating to devises or bequests by last 
will and testament, which may be made in further support of 
the said library and its collections, or of the lectures on literary 
and scientific objects connected therewith. 

0(Ctiott Dili. The property, real and personal, of the said 
corporation, shall be exempt from taxation in the same manner 
as that of the other incorporated public libraries of this state. 
And it shall be the duty of the said trustees to effect such insur- 
ance as can be obtained upon the said buildings and library, 
and other property against loss by fire, or otherwise, and pay 
the expense thereof out of the fund mentioned in the third 
subdivision of section second of this act. 

Section i%. The said trustees shall, in the month of January, in 
each year, make a report to the legislature for the year ending 
on the thirty-first day of December preceding, of the condition 
of the said library, of the funds and other property of the corpo- 
ration, of its receipts and expenditures during such year. 

Section X. This corporation shall possess the general powers 
and be subject to the provisions, restrictions and liabilities con- 
tained in the third title of the eighteenth chapter of the first part 
of the revised statutes. 

Sectiotl %\. This act shall take effect immediately. 



XV. 

DEED BY JAMES LENOX OF THE 
LENOX LIBRARY SITE. 



Dated, 17 March, 1870.* 
Recorded 10 August, 1870. 
Liber 1154 of Conveyances, page 230. 

®l)is f nbenturc, made the seventeenth day of March, in the 
year of Our Lord One thousand eight hundred and seventy, 
bettoccn James Lenox, of the City of New York, Gentleman, 
of the first part, and The Trustees of the Lenox Library, of the 
second part. 

tatnessetl) : That the party of the first part for and in consid- 
eration of the sum of ten dollars, lawful money of the United 
States of America to him in hand paid by the said parties of the 
second part, at or before the ensealing and delivery of these 
presents, the receipt whereof is hereby acknowledged, and the 
said parties of the second part, their successors for ever released 
and discharged from the same by these presents, ^atl) granted, 
bargained, sold, aliened, remised, released, conveyed and con- 
firmed, and by these presents iDotI] grant, bargain, sell, alien, 
remise, release, convey and confirm unto the said parties of the 
second part, and to their successors and assigns forever. 

^11 those ten certain lots pieces or parcels of land, situate 
lying and being adjacent to each other on the Easterly side 

* This Conveyance was formally accepted by the Board of Trustees on April 
17th, 1870. 

53 



54 LENOX LIBRAR Y. 

of the Fifth Avenue in the Nineteenth Ward of the City of 
New York, and taken together are bounded as follows : 
Bcsiltniltg on the Easterly side of the Fifth Avenue, at the 
corner formed by its intersection with the northerly side of 
Seventieth Street, and running thence Northwardly along the 
Easterly side of the Fifth Avenue Two hundred feet and ten 
inches to the Southerly side of Seventy-first Street. Thence 
Eastwardly along the Southerly side of Seventy-first Street One 
hundred and twenty-five feet; thence Southwardly parallel with 
the Fifth Avenue, Two hundred feet and ten inches, to the 
Northerly side of Seventieth Street, and thence Westwardly 
along the same one hundred and twenty-five feet to the place of 
beginning: 

fiTogetljer with all and singular the tenements hereditaments 
and appurtenances thereunto belonging, or in anywise apper- 
taining, and the reversion and reversions, remainder and remain- 
ders, rents issues and profits thereof, ^nb aleo all the estate, 
right, title, interest, property, possession, claim and demand 
whatsoever as well in law as in equity of the said party of the 
first part, of in and to the same, and every part and parcel 
thereof with the appurtenances. 

SCo l)ttt)e ttttb to l)oll», the above granted bargained, and de- 
scribed premises, with the appurtenances unto the said parties 
of the second part, their successors and assigns to their own 
proper use, benefit and behoof for ever. 

!3lnb the said James Lenox for himself his heirs executors and 
administrators, doth covenant, grant and agree to and with the 
said parties of the second part their successors and assigns that 
the said James Lenox at the time of the ensealing and delivery 
of these presents is lawfully seized in his own right of a good, 
absolute and indefeasible estate of inheritance in fee simple of 
and in all and singular the above granted, bargained, and de- 
scribed premises, with the appurtenances, and hath good right, 
full power, and lawful authority to grant, bargain, sell and con- 
vey the same in manner and form aforesaid. 2lnb that the said 
parties of the second part their successors and assigns shall and 
may at all times hereafter peaceably and quietly have, hold, use, 
occupy, possess and enjoy the above granted premises, and 
every part and parcel thereof with the appurtenances, without 



DEED OF THE LENOX LIBRARY SITE. 55 

any let, suit, trouble, molestation, eviction or disturbance of the 
said party of the first part, his heirs or assigns, or of any other 
person or persons lawfully claiming or to claim the same. !^nb 
that the same now are free, clear, discharged, and unencumbered 
of and from all former and other grants, titles, charges, estates, 
judgments, taxes, assessments, and encumbrances of what 
nature or kind soever, f^nb also that the said party of the first 
part and his heirs, and all and every other person or persons 
whatsoever lawfully or equitably deriving any estate, right, 
title or interest of in or to the hereinbefore granted premises, 
by, from, under, or in trust for him or them, shall and will at 
any time or times hereafter upon the reasonable request, and at 
the proper costs and charges in the law of the said parties of the 
second part, their successors, and assigns make, do and execute, 
or cause, or procure to be made done, and executed all and 
every such further and other lawful and reasonable acts, con- 
veyances, and assurances in the law, for the better and more 
effectually vesting and confirming the premises hereby intended 
to be granted, in and to the said parties of the second part, 
their successors and assigns forever, as by the said parties of the 
second part, their successors or assigns, or their counsel learned 
in the law shall be reasonably devised, advised or required, ^nb 
the said James Lenox for himself and his heirs, the above 
described and hereby granted and released premises, and every 
part and parcel thereof with the appurtenances unto the said 
parties of the second part, their successors and assigns against 
the said party of the first part, and his heirs, and against all and 
every person and persons whomsoever lawfully claiming or to 
claim the same shall and will roarrattt and by these presents for- 
ever ircfenb. 

!3lnb the said parties of the second part for themselves their 
successors and assigns do covenant, promise and agree to and 
with the said party of the first part his heirs and assigns that 
they will not at any time hereafter erect, make, establish, or 
carry on or suffer to be erected, made, established, or carried 
on, in any manner, on any part of the above described and 
hereby granted premises, any livery stable, railroad depot, 
slaughter-house, tallow-chandlery, steam engine, smith's shop, 
forge-furnace, brass foundry, nail, or other iron factory ; or any 



56 LENOX LIBRAR Y. 

manufactury for the making of glass, glue varnish, vitriol, ink 
or turpentine, or for the tanning dressing preparing or keeping 
of skins, hides, or leather; or any theatre, opera-house, brewery, 
distillery; molasses, or sugar refinery, lager beer, or concert 
saloon ; or any manufactury trade or business whatever which 
may be in any wise noxious or offensive to the neighboring 
inhabitants. 

Jn witness n)l)erccrf, the said party of the first part to these 
presents hath hereunto set his hand and seal; and the said 
parties of the second part have caused their common seal to be 
hereunto affixed, the day and year first above written. 

James Lenox (seal) 

(corporate seal) By order of the 

Trustees of The Lenox Library, 
Aaron B. Belknap, 

Secretary. 



XVI. 
EXTRACT FROM THE WILL OF FELIX ASTOIN. 



Will dated, 24 March, 1883. 

Admitted to Probate in New York, 29 February, if 
Recorded Liber 326 of Wills, page 6. 



Qri)irb. I do give and bequeath to "The Trustees of the 
Lenox Library ", in the City of New York, all and singular my 
collection and library of printed books, engravings and maps 
not herein otherwise disposed of, and which are contained in 
said my house Number 5 West Ninth Street in the City of New 
York. 



57 



XVII. 

EXTRACT FROM THE WILL OF 
HENRIETTA A. LENOX. 



Will dated, 29 July, 1881. 

Codicil I. dated, 14 December, 1883. 

Codicil II. dated, 27 April, 1885. 

Codicil III. dated, 19 April, 1886. 
Admitted to Probate, in New York, 27 April, 1887. 

Recorded, Liber 379 of Wills, page 424. 

Sixth- I give and devise to the Lenox Library of the City of 
New York, all that certain piece or parcel of land, situate, lying 
and being in the City of New York, and bounded and described 
as follows, viz : 

Beginning at a point in the northerly line of Seventieth 
Street, distant one hundred and twenty-five feet easterly from 
the corner formed by the intersection of the easterly line of 
Fifth Avenue with the northerly line of Seventieth Street, run- 
ning thence easterly along the northerly line of Seventieth Street, 
two hundred and ninety-five feet to the westerly line of Madison 
Avenue, thence northerly along the westerly side of Madison 
Avenue, to the southerly line of Seventy-first Street, thence 
westerly along the southerly line of Seventy-first Street, two 
hundred and ninety-five feet, to the northerly boundary line of 
land now of said Lenox Library, and thence southerly along 
said boundary line and parallel with Fifth Avenue to the point 
or place of beginning, ilo l)ot)C Oltb So l)ol5 said property for 
ever for the uses and purposes of said Library. 

58 



WILL OF HENRIETTA A. LENOX. 59 

But this devise is upon the express condition that no build- 
ings of any description except an addition to, or extension of 
the present library building shall at any time be erected, or per- 
mitted to be erected upon that portion of the above devised prop- 
erty lying westerly of a line parallel with Madison Avenue and 
one hundred feet westerly therefrom. 

I also give and bequeath to the Lenox Library, the sum of 
one hundred thousand dollars, to be applied to the purchase of 
books only. 



XVIII. 

EXTRACT FROM THE WILL OF 
JOSEPH W. DREXEL. 



Will dated, 15 June, 1877. 

Codicil dated, 2 June, 1887. 
Admitted to Probate in New York, 12 April, 1888. 

Recorded Liber 400 of Wills, page 407. 

iFirst. I give and bequeath to The Trustees of the Lenox 

Library, in the City of New York, all that portion of my library 
which consists of works relating to the science of Music, also all 
musical compositions and treatises or other works on musical 
subjects. This gift is made upon the express condition that the 
said Trustees of the Lenox Library shall sign and deliver to my 
executors hereinafter named, a written acceptance of the said 
portion of my library, and an agreement to keep the same sepa- 
rated from all other books or collections of books, and to pre- 
serve the same in separate shelves or cases to be labeled 
" Drexel Musical Library." * In case said Trustees of the Lenox 
Library shall not accept, or if accepting they shall not maintain 
the said portion of my library in the manner indicated, then I 
give and bequeath the same, on the same conditions, to the 
Astor Library, in the City of New York, and should the Astor 
Library refuse to accept the same, or, having accepted neglect 
or omit to maintain the same separately from other books, and 
in the manner hereinbefore specified, then I give and bequeath 
the said portion of my Library to the Mercantile Library Com- 
pany of the City of Philadelphia. 

* On June 7th, 1888, the Board of Trustees formally declared their acceptance 
of this legacy, on the conditions stated in Mr. Drexel's will. 

60 



XIX. 

EXTRACTS FROM THE WILL OF 

MARGARET WOLFE DUYCKINCK 

(Widow of Evert A. Duyckinck). 



Will dated, io June, 1885. 

Admitted to Probate in New York, g June, 1890. 
Recorded Liber 435 of Wills, page 285. 

Second. I give and bequeath to " The Trustees of the Lenox 
Library", a body corporate in said City of New York, and in- 
corporated by the Legislature of the State of New York on or 
about January 20th, 1870, all the printed books, manuscripts, 
volumes and loose engravings I own, the same being chiefly 
collected by my late husband. Evert A. Duyckinck, deceased, 
and bequeathed to me by him, and I also give and bequeath to 
the said " Trustees of the Lenox Library " the large portrait of 
my said husband, and that of his brother George L. Duyckinck, 
now hanging in my parlor. 

SeoentI). All the rest, residue and remainder of my estate, 
both real and personal of every nature, kind and description, and 
wherever situated, I give, devise and bequeath unto my Executors 
and the survivors and survivor and such of them as shall qualify 
and act for the time being. In Srnst, nevertheless, for the uses 
and purposes following that is to say: 

To invest and keep invested the personal property, or the 
proceeds thereof, in such securities as I shall leave the same 
invested, or upon Bond and Mortgage upon real estate worth 
double the amount loaned, or in stock of the State or City of 
New York, or in securities which in the opinion of my executors 

61 



62 LENOX LIBRAR Y. 

are equally safe, and in case of the sale of any of my real estate 
as hereinafter provided the proceeds thereof in the same man- 
ner: to let or lease said real estate or any part thereof during 
the lifetime of Mrs. Emma Black, for any term or terms not ex- 
ceeding two years, to sell and dispose of any or all of my real 
estate, at such time or times as they shall deem beneficial and 
advantageous to my estate, and to collect and receive the rents, 
issues, income, dividends and interest of said residuary real and 
personal estate, and to use and apply the same during the life- 
time of Emma L. Black (formerly Emma L. Panton as aforesaid) 
as follows: 

To pay, deduct and retain so much thereof as shall be re- 
quired to pay all taxes, assessments and croton water rents, and 
all amounts necessary for premiums of insurance and keeping 
my improved property in ordinary repair, and to pay thereout 
all other necessary expenses in the management of my estate, and 
to apply the net residue of the income of my said residuary real 
and personal estate, as follows: 

To pay Emma L. Black (formerly Emma L. Panton as afore- 
said) the sum of Two thousand Dollars ($2,000.) per annum in 
quarter yearly payments, commencing from the day of my death, 
during her natural life. 

And for the same period to pay to Mary C. Bowen, wife of 
Charles B. Bowen of Louisville Kentucky, for her sole and sep- 
arate use, the sum of Five hundred Dollars ($500), in quarter 
yearly payments commencing from the day of my death, and to 
pay to Margaret Tilden, widow of Joshua Tilden, the sum of 
Five hundred Dollars ($500.) in quarter yearly payments com- 
mencing from the time of my death; and also to pay to Ann 
O'Rourke (a domestic in my family for over thirty years) the sum 
of Three hundred Dollars ($300.) in quarter yearly payments, 
commencing from the time of my death ; and also to pay to 
Mary E. Newman, widow of Clement D. Newman, late of the 
City of Brooklyn, the sum of Five hundred Dollars ($500) for 
the benefit of the said Mrs. Mary E. Newman, and her family to 
be paid in quarter yearly payments commencing from the time 
of my death, and all the rest, residue and remainder of the said 
net income, which may arise by reason of the death of bene- 
ficiaries either before me or before the death of the said Emma 



WILL OF MARGARET WOLFE DUYCKINCK. 63 

L. Black, or otherwise, my said Executors and Trustees shall 
pay to said Emma L. Black, during her life as aforesaid. 

(ffightl)- At the death of said Emma L. Black, I give, devise 
and bequeath all my residuary estate, both real and personal, 
(both that held in trust as hereinbefore directed by my executors 
and trustees, and any and all that I may in any way be entitled 
to) to " The Trustees of the Lenox Library " for the benefit and 
support of the Library and otherobjects for which said corpo- 
ration was established, upon condition that the said corporation 
shall promise and agree to and with my executors, to continue 
to pay to the beneficiaries named in the seventh provision of 
this my will, who shall be living at the time of the death of said 
Emma L. Black, the several sums or annuities I have therein 
directed my executors to pay them, and in the same manner for 
the time of their natural lives. 

NilUl). If for any reason the said Trustees of the Lenox 
Library should so prefer, or my executors and trustees should 
consider it advisable so to do, for the purpose of carrying out 
my wishes in respect to said beneficiaries living at the time of 
the death of said Emma L. Black, I expressly authorize and 
empower my said executors and trustees on the death of the 
said Emma L. Black, to appropriate and use so much of my said 
residuary estate, as may be necessary for the purchase of annu- 
ities of the amount indicated by the said seventh provision of 
this my Will for such beneficiaries as may then be living for the 
term of their natural lives, and in the event of such annuities 
being so purchased, I give and devise all my residuary estate of 
every kind and nature to " The Trustees of the Lenox Library " 
as stated in the Eighth provision of this my Will, free of the 
condition therein stated. 

@!enti]. The provisions of this my will for "The Trustees of 
the Lenox Library "' have been made by me as a memorial of 
my husband, Evert A. Duyckinck, and his brother George 
L. Duyckinck, and in accordance with my husband's intentions 
and instructions to me. I trust the spirit of him whose love for 
literature prompted the gift, will be remembered in its use, and 
aid its benefits. 



XX. 



EXTRACTS FROM THE WILL AND CODICILS OF 
MARY STUART (Widow of Robert L. Stuart). 



Will dated, i8 January, 1887. 

Codicil I. dated, 15 November, 1887. 

Codicil II. dated, 23 November, i88g. 

Codicil III. dated, 26 April, 1890. 
Admitted to Probate in New York, 5 April, 1892. 

Recorded Liber 469 of Wills, page ioi. 



WILL. 



SCtoentB-fotirtl). I give, devise and bequeath one equal one 
half part, of all the rest, residue and remainder of my estate, 
real and personal, to the following named corporations and in- 
stitutions: 

The American Bible Society. 

The Board of Foreign Missions of the Presbyterian Church, 
in the United States of America, incorporated by an Act of the 
Legislature of the State of New York. 

The Board of Home Missions of the Presbyterian Church in 
the United States of America, incorporated by an Act of the 
Legislature of the State of New York. 

The Presbyterian Hospital in the City of New York, situated 
on Madison Avenue, between 70th and 71st Streets, incorporated 
by the Legislature of the State of New York. 

The Lenox Library in the City of New York, situated on 
Fifth Avenue, between 70th and 71st Streets. 

The Theological Seminary of the Presbyterian Church, located 
at Princeton, New Jfersey. 

64 



WILL OF MARY STUART. 65 

The Board of Church Erection Fund of the General Assembly, 
of the Presbyterian Chi^rch \x\ the United States of America, In- 
corporated by the Legislature of the State of New York. 

The one-half of such rest, residue and remainder of my 
estate, to be equally divided among and between the seven 
corporations and institutions mentioned in this twenty-fourth 
clause of my Will, share and share alike. 

SCtDcntB-Bi^etl). If any of the Corporations and institutions 
named in this will, shall be unable to take and hold the devise 
or bequest, of a proportional part of my said residuary estate, 
as herein provided, or any part thereof, then such legacy or the 
residue thereof, over and above the amount, which said corpora- 
tion or institution is permitted by law to take and hold, shall be 
paid over to, and be divided among the several other corpora- 
tions and institutions, to whom the rest, residue and remainder 
of my estate is given, by the Twenty-fourth and Twenty-fifth 
clauses of this my Will, and to and among such of them as can 
take and hold the same in the shares and proportions, and 
according to the amount of the respective and particular legacy 
or bequest given to such last named corporation or institution, 
and in augmentation of such legacy or bequest. And if for any 
cause either of the corporations or institutions named in this my 
Will, anterior to the Twenty-fourth Clause thereof, and to whom 
specific sums are bequeathed by me, cannot take said bequests, 
or said gifts should fail to take effect, then the amount of such 
bequests so failing shall fall into and form a part of my residuary 
estate, devised and bequeathed by the Twenty-fourth and 
Twenty-fifth Clauses of my Will. It being my intention to 
leave no portion of my estate undisposed of by this my will. 

CODICIL I. 

0«coni». I give and bequeath to The Trustees of the Lenox 
Library, a corporation located in the City of New York, all and 
singular the books and manuscripts of every name and nature 
and upon all subjects now contained in my library, or which may 
be found in any part of my residence at the time of my decease. 
Also all works of art, paintings, pictures, etchings, engravings. 



66 LENOX LIBRA Ji V. 

Statuary, bronzes, vases, tapestry, and all other articles of vertu 
of every name and nature, that may be found in my dwelling at 
the time of my decease. Also all the minerals, shells and other 
specimens and objects illustrative of natural history in any of 
its departments, in my dwelling house at the time of my death, 
and especially all the objects and things contained within the 
cases, or resting thereupon, arranged around the walls of the 
picture gallery in my house, together with the cases themselves. 
©O ^OMC atlb Qto ^olb the same to the uses and purposes of the 
said Lenox Library absolutely and forever subject, nevertheless, 
to the conditions following. 

Ist. The said Trustees shall as soon as said books, paintings, 
pictures, minerals, shells and all other things mentioned in this 
second clause of this First Codicil to my Will, are delivered to 
them by my executors, proceed to catalogue, arrange and appro- 
priately place the same in a separate room or compartment of 
the Lenox Library Building and the collection so catalogued, 
arranged and set apart, shall be known as the "Robert L. 
Stuart Collection " They shall be catalogued separate and dis- 
tinct from other collections in said Library contained, or in a 
separate section of any general catalogue of the said Lenox 
Library, which may be published, and shall be designated in 
said general or special catalogue as " The Robert L. Stuart Col- 
lection, the gift of his widow Mrs. Mary Stuart ". 

Still. Should there be no separate room or compartment in 
said Lenox Library in which the said books, pictures, minerals 
and shells and other objects above mentioned can be placed so 
that they can be viewed by the public to advantage, then the 
condition of this bequest, is that the said Trustees shall proceed 
with all convenient speed, but not later than twelve months from 
the date of my death to erect a wing or extension to their pres- 
ent building, and which shall be a fire proof structure suitable 
in every way for the reception and proper exhibition of the said 
books and pictures and other objects and things above men- 
tioned. That the said wing or extension shall always be kept in 
good condition and repair so that the property may be properly 
preserved, and that the said books, paintings, and other objects 
and things, shall be maintained therein in the manner provided 
in the first subdivision of this clause. 



WILL OF MARY STUART. 67 

3&. It is a further condition of this bequest that the said 
books, paintings, and other things above mentioned, shall be 
exhibited to the public free of charge ^L^aH reasjcmabjejimes, 
subject however, to such rules and restrictions asThe Trustees 
of the Lenox Library may see fit to prescribe for the protection 
and preservation of the property, and of the rare and valuable 
books and objects embraced within the things above given. 

4tl). It is a condition to this gift and to its efficiency that the 
books, pictures, and other things above mentioned and hereby 
bequeathed, shall never be exhibited by the Trustees of the 
Lenox Library on the Lord's Day. 

5tl). It is a further condition to this gift and to its efficiency 
that "The Trustees of the Lenox Library" shall within ninety 
days after my decease notify my executors in writing through 
their proper officers, and under the seal of the Corporation, that 
they accept this bequest and will comply with the conditions 
thereof above expressed.* 

6tl). A failure of the said Trustees to comply with the condi- 
tions contained in the Fifth subdivision above, shall work a for- 
feiture of this bequest, and the said property shall thence and 
thereafter form a part of my residuary estate and be disposed 
of thereby. 



CODICIL III. 

To provide for the possible contingency of the Trustees of the 
Lenox Library not being able within ninety days after my 
decease, to notify my Executors in writing, through their proper 
officers, under the seal of the Corporation, that they accept the 
bequest contained in the second clause of the said First Codicil 
to my Will, and will comply with the conditions thereof, by the 
reason of the absence of any such officers from this country, or 
for any other reason, it is my will that such notice may be given 
at any time within ninety days after probate of my Will, with 

* On January 8th, 1892, the Board of Trustees formally accepted this gift 
with the conditions specified in Mrs. Stuart's will. 



68 LENOX LIBRAR V. 

like effect in all respects as if given within ninety days after my 
decease ; and likewise in case any of my executors fail to qualify 
within three months after my decease, it is my Will that they 
may qualify within three months after probate of my will, with 
like effect in all respects as if within three months after my 
decease. 



Documents IRelatlno to Xlbc ZW^cn ^rust 



XXI. 
EXTRACTS FROM THE WILL OF SAMUEL J. TILDEN. 



Will dated, 23 April, 1884. 

Admitted to Probate in Westchester Co., 20 October, i886. 
Recorded Liber 103 of Wills, page 130. 

QTIjittg-fiftl). I request my said Executors and Trustees to 
obtain as speedily as possible from the Legislature an Act of 
incorporation of an institution to be known as the Tilden 
Trust, with capacity to establish and maintain a free library 
and reading room in the city of New York, and to promote such 
scientific and educational objects as my said Executors and 
Trustees may more particularly designate. Such corporation 
shall have not less than five trustees, with power to fill vacancies 
in their number; and in case said institution shall be incorporated 
in a form and manner satisfactory to my said Executors and 
Trustees during the lifetime of the survivor of the two lives in 
being, upon which the trust of my general estate herein created 
is limited, to wit: the lives of Ruby S. Tilden and Susie 
Whittlesey, I hereby authorise my said Executors and Trustees 
to organize the said corporation, designate the first trustees 
thereof, and to convey to or apply to the use of the same the 
rest, residue and remainder of all my real and personal estate 
not specifically disposed of by this instrument, or so much 
thereof as they may deem expedient, but subject nevertheless 
to the special trusts herein directed to be constituted for par- 
ticular persons, and to the obligations to make and keep good 
the said special trusts, provided that the said corporation shall 
be authorised by law to assume such obligation. 

But in case such institution shall not be so incorporated dur- 

71 



73 TILDEN TRUST. 

ing the lifetime of the survivor of the said Ruby S. Tilden and 
Susie Whittlesey, or if for any cause or reason my said Executors 
and Trustees shall deem it inexpedient to convey said rest, residue 
and remainder or any part thereof or to apply the same or any 
part thereof to the said institution, I authorise my said Execu- 
tors and Trustees to apply the rest, residue and remainder of my 
property, real and personal, after making good the said special 
trusts herein directed to be constituted, or such portions thereof 
as they may not deem it expedient to apply to its use, to such 
charitable, educational and scientific purposes as in the judg- 
ment of my said Executors and Trustees will render the said rest, 
residue and remainder of my property most widely and substan- 
tially beneficial to the interests of mankind. 

9Cl)irtB-6i5Etl). I hereby authorise my said Executors and 
Trustees to reserve from any disposition made by this will, such 
of my books as they may deem expedient, and to dispose of the 
same in such manner as in their judgment would have been 
most agreeable to me ; and in such case any of my illustrated 
books or books of art should be given to or to the care of the 
institution described in this will, my said Executors and Trustees 
shall make suitable regulations to preserve the same from dam- 
age and to regulate access thereto. And such disposition shall 
be subject to such instructions as I may hereafter in writing 
give to my said Executors and Trustees. 

8tl)irtB^0et)Bntl). In case at any time during the trust embrac- 
ing my general estate any interest in any special trust hereby 
directed to be constituted shall lapse or no disposition of such 
interest contained in this instrument shall be effectual to finally 
dispose of the same, such interest shall go to my said Executors 
and Trustees to be disposed of under the provisions of this will; 
or if the said general trust shall have ceased but a corporation 
designated as the Tilden Trust shall be in operation, such inter- 
est shall go to the said corporation. 

©IlirtB^nintl). I hereby devise and bequeath to my said 
Executors and Trustees, and to their successors in the trust 
hereby created and to the survivors and survivor of them, all 
the rest and residue of all the property real and personal, 
of whatever name or nature, and wheresoever situated, of 



WILL OF SAMUEL J. TILDEN. 73 

which I may be seized or possessed, or to which I may be 
entitled at the time of my decease which may remain after 
instituting the several trusts for the benefit of specific persons; 
and after making provision for the specific bequests and objects 
as herein directed. %a ipatJC anb ®o i^olir the same unto my 
said executors and trustees and to their successors in the trust 
hereby created, and the survivors and survivor of them in trust, 
to possess, hold, manage and take care of the same during a 
period not exceeding two lives in being; that is to say, the lives 
of my niece Ruby S. Tilden and my grand niece Susie Whit- 
tlesey and until the decease of the survivor of the said two 
persons, and, after deducting all necessary and proper expenses, 
to apply the same and the proceeds thereof to the objects and 
purposes mentioned in this my will. 



XXII. 
MEMORIAL FOR A CHARTER. 



Memorial of the Executors and Trustees of the Estate 
OF THE late Samuel J. Tilden, to the Legislature of the 
State of New York petitioning for an Act of Incorpo- 
ration. 

Dated, 4 January, 1887. 

To the Legislature of the State of New York : 

^our ittemorittlisto, Executors and Trustees of the estate of 
the late Samuel J. Tilden, respectfully represent that the said 
Samuel J. Tilden died at his residence at Graystone, in the city 
of Yonkers, in the County of Westchester and State of New 
York, on the fourth day of August, in the year 1886, leaving a 
last Will and Testament, of which a copy is hereunto annexed. 

Your Memorialists further respectfully represent that the 
aforesaid Will was admitted to probate by the Surrogate of 
Westchester County on the twentieth day of October, in the 
year one thousand eight hundred and eighty-six, and letters 
testamentary were issued to your Memorialists as the Executors 
and Trustees under said Will. 

That your Memorialists have accepted the trusts and assumed 
the duties imposed upon them under and in virtue of the said 
Will and Letters Testamentary. 

That by the thirty-fifth section of the aforesaid last Will and 
Testament it is made the duty of your Memorialists to solicit 
from the legislature, an act of incorporation of an institution to 
be known as the Tilden Trust, with capacity to establish and 
maintain a Free Library and Reading Room in the City of 
New York. 

That in and by the same clause of said Will the said testator 

74 



MEMORIAL FOR A CHARTER. 75 

did further provide as follows : "'Such corporation shall have 
not less than five trustees, with power to fill vacancies in their 
number, and in case said institution shall be incorporated in a 
form and manner satisfactory to my said Executors and Trustees 
during the lifetime of the survivor of the two lives in being upon 
which the trust of my general estate herein created, is limited, 
to wit : the lives of Ruby S. Tilden and Susie Whittlesey, I 
hereby authorise my said Executors and Trustees to organize 
the said corporation, designate the first trustees thereof, and to 
convey to or apply to the use of the same the rest, residue and 
remainder of all my real and personal estate not specifically dis- 
posed of by this instrument, or so much thereof as they may 
deem expedient, but subject nevertheless to the special trust 
herein directed to be constituted for particular persons, and to 
the obligations to make and keep good the said special trusts, 
provided that the said corporation shall be authorised by law to 
assume such obligation.'" 

That from the nature and conditions of the assets, your Me- 
morialists are not yet prepared to state what sum will be real- 
ized from the rest, residue and remainder of the testator's estate 
not otherwise specifically disposed of by his will, but according 
to the present information of your Memorialists, they are under 
the impression that it is not likely to fall below the sum of four 
millions of dollars and may, under favorable circumstances, con- 
siderably exceed that sum. 

Your Memorialists further represent, that in pursuance of the 
manifest purpose and desire of the testator to consecrate all of 
his estate not otherwise specifically disposed of by his will, to 
the creation of such a Free Public Library in the City of New 
York as would best serve the interests of science and education, 
and place the best literature of the world within easy reach of 
every class and condition of people in our commercial metropo- 
lis, without money and without price, have determined and do 
hereby proclaim their determination to devote such portions of 
the estate of the said Samuel J. Tilden as, by the terms of his 
Will, they lawfully may to the establishment and maintenance 
of a Free Library and Reading Room in the City of New York, 
and making them, in as large a degree as possible, tributary to 
the interests of science and popular education. 



76 TILDEN TRUST. 

For this purpose and in compliance with the specific instruc- 
tions of the said testator, as expressed in the thirty fifth section 
of his said last will and testament, your memorialists respect- 
fully ask from your honorable body an act of incorporation of an 
institution to be known and designated as the Tilden Trust, with 
such powers as will be required to give most complete efficacy 
to the comprehensive and beneficent designs of the aforesaid 
testator. 

And as the said bequests for the maintenance of a free library 
and reading room in the city of New York are made upon the 
express condition that the said Tilden Trust shall be incorporated 
in a manner and form satisfactory to your memorialists, it has 
seemed to be incumbent upon them to define the general fea- 
tures of such a charter. 

Your memorialists, therefore, do hereby respectfully submit 
the form and manner of an act which, if it shall receive the 
approval of your honorable body and become a law, will be 
satisfactory to your memorialists. 

New York, January 4th, 1887. 

John Bigelow, 
And. H. Green, 
Geo. W. Smith, 

Executors and Trustees. 



XXIII. 
ACT OF INCORPORATION. 



Passed 26 March, 1887. 
Laws of 1887, Chapter 85. 

An Act to incorporate the Tilden Trust, for the estab- 
Hshment and maintenance of a Free Library and 
Reading Room in the City of New York. 

tol)ercos, John Bigelow, Andrew H. Green and George W. 
Smith, the executors and trustees of the last will and testament 
of Samuel J. Tilden, deceased, have, in pursuance of provisions 
of said will and testament, made application to the Legislature 
for the enactment of the following act; and 

U)l]er£a0, The said executors and trustees deem it inexpedient 
to designate any purposes of the corporation herein and hereby 
created other than the establishment and maintenance of a Free 
Library and Reading Room in the city of New York, in accord- 
ance with the purpose and intention of said testator; 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows : 

Section 1. The said John Bigelow, of Highland Falls, in 
Orange County, and Andrew H. Green and George W. Smith, 
of the city of New York, and such other persons as they may 
associate with themselves, and their successors are hereby created 
a body corporate and politic under the name and title of The 
Tilden Trust. 

0«rtion 2. The said John Bigelow, Andrew H. Green and 

77 



78 TILDEN TRUST. 

George W. Smith, shall be permanent trustees of such corpora- 
tion in accordance with the intention of the said will in that be- 
half. Within ninety days from the passage of this act they shall 
designate and appoint, in writing, other trustees, so that the 
number of trustees shall not be less than five. 

Section 3. One-half of the other trustees so designated and 
appointed shall hold office for the term of one year, and the 
other half thereof for the term of two years. After such desig- 
nation and appointment shall have been made, every trustee 
appointed to fill any vacancy in the Board of Trustees shall hold 
office for the term of two years. Any vacancy which may at 
any time occur in said Board through death, resignation, inca- 
pacity, expiration of term or otherwise, shall be filled by the 
remaining trustees. 

0£tlion 4. All the powers of the said corporation shall be 
vested in the trustees. They shall have the power to appoint a 
president and vice-president, secretary and treasurer, of whom 
the secretary and treasurer need not be members of said board. 
Such officers shall hold their offices upon such tenure, and shall 
receive such compensation as the by-laws may prescribe. Said 
trustees shall also have power to appoint such other officers and 
agents as the proper conduct of the affairs of said corporation 
shall require, removable at the pleasure of the board and to fix 
their compensation. 

Section 5. The said corporation shall have, in addition to 
the powers now conferred by law upon all corporations as such, 
the capacity and power to establish and maintain a free library 
and reading-room in the city of New York, and for these pur- 
poses it shall have power to demand, recover, accept and receive 
all such money and other property, real or personal, as is given 
to it by virtue of the will of Samuel J. Tilden, or shall be con- 
veyed or transferred to, or in any manner bestowed upon it by 
the aforesaid executors and trustees by virtue of the powers 
therein conferred upon them; and the said corporation shall 
have power to hold, manage, improve, dispose of and convey 
all property at any time received or acquired by it, in such 
manner as may be best calculated to carry out its objects and 
purposes. 



ACT OF INCORPORATION. 79 

Section 6. The said corporation shall accept and receive all 
such money or other property as is given to it by the said will 
of Samuel J. Tilden, or shall be conveyed or transferred to, or 
in any manner bestowed upon it as aforesaid by the aforesaid 
executors and trustees, subject to the terms and conditions ex- 
pressed in and imposed by the said will of Samuel J. Tilden, in 
respect to the gift or gifts therein and thereby made or provided 
for, to a corporation to be formed and to be known as the 
Tilden Trust, and the said corporation shall have power to 
make and enter into any obligation or obligations to secure due 
compliance with such terms and conditions. 

Section 7. The said corporation shall possess the powers, 
and, except as may be otherwise provided by this act, be subject 
to the provisions, liabilities and restrictions contained in the 
third title of the eighteenth chapter of the first part of the Re- 
vised Statutes, but nothing herein contained shall affect the 
rights of any parties to any action now pending or of any heir 
at law of said Samuel J. Tilden, deceased. 

Section S. This act shall take effect immediately. 



XXIV. 

CONVEYANCE OF THE TILDEN ESTATE TO 
THE TILDEN TRUST. 



Dated, 29 April, 1887. 

Recorded in New York Register's Office, 30 April, 1887. 
Liber 2055 of Conveyances, page 212. 

Sri)is Jntrenturc, made the twenty-ninth day of April, in the 
year one thousand eight hundred and eighty-seven, between 
John Bigelow, Andrew H. Green and George W. Smith, the 
executors and trustees under the last will and testament of 
Samuel J. Tilden, deceased, parties of the first part, and the 
Tilden Trust, a body corporate and politic, created under the 
laws of the State of New York, party of the second part. 

toljereas, Samuel J. Tilden, of Graystone, in the city of Yon- 
kers. County of Westchester, in the State of New York, departed 
this life on the fourth day of August, in the year one thousand 
eight hundred and eighty-six, leaving his last will and testament 
in writing, dated on the twenty-third day of April, in the year 
one thousand eight hundred and eighty-four, wherein and 
whereby the said John Bigelow, Andrew H. Green and George 
W. Smith were nominated, constituted and appointed executors 
and trustees; and 

tDl)£r£aB, the said last will and testament was afterwards and 
on the twentieth day of October, 1886, duly admitted to probate 
by Owen T. Coffin, Esq., Surrogate of the County of West- 
chester, at a Surrogate's Court held at White Plains, in the said 
County, on that day, and letters testamentary were on the same 
day issued to the said John Bigelow, Andrew H. Green and 

80 



CONVEYANCE OF THE TILDEN ESTATE. 81 

George W. Smith, and they each thereupon duly qualified and 
accepted the office of executor of said last will and testament, 
and took upon themselves the duties of said office, and also 
accepted the trusts created in and by the said will ; and 

tolj^reos, the said Samuel J. Tilden, after making in and by 
his said will provisions for the payment of his debts and divers 
legacies in the form of trusts and otherwise, for particular per- 
sons, and also certain provisions for the establishment and main- 
tenance of a library and free reading room in his native town of 
New Lebanon, in the State of New York, and for the establish- 
ment of another library and free reading room in the city of 
Yonkers, in the same State, did further in and by the thirty- 
fifth article of his said will make provisions for the establishment 
and maintenance of a free library and reading room in the city 
of New York, which said thirty-fifth article is in the following 
words, namely: 

" ®l)irtB-fiftl). — I request my said Executors and Trustees 
to obtain as speedily as possible from the Legislature an 
act of incorporation of an institution to be known as the 
Tilden Trust, with capacity to establish and maintain a free 
library and reading room in the city of New York, and to 
promote such scientific and educational objects as my said 
Executors and Trustees may more particularly designate. 
Such corporation shall have not less than five trustees, with 
power to fill vacancies in their number; and in case said 
institution shall be incorporated in a form and manner sat- 
isfactory to my said Executors and Trustees during the life- 
time of the survivor of the two lives in being upon which 
the trust of my general estate herein created, is limited, to 
wit: the lives of Ruby S. Tilden and Susie Whittlesey, I 
hereby authorise my said Executors and Trustees to organ- 
ize the said corporation, designate the first trustees thereof, 
and to convey to or apply to the use of the same the rest, 
residue and remainder of all my real and personal estate 
not specifically disposed of by this instrument, or so much 
thereof as they may deem expedient, but subject neverthe- 
less to the special trusts herein directed to be constituted 
for particular persons, and to the obligations to make and 



82 TILDEN TRUST. 

keep good the said special trusts, provided that the said 
corporation shall be authorised by law to assume such 
obligation. 

But in case such institution shall not be so incorporated 
during the lifetime of the survivor of the said Ruby S. 
Tilden and Susie Whittlesey, or if for any cause or reason 
my said Executors and Trustees shall deem it inexpedient 
to convey said rest, residue and remainder or any part 
thereof or to apply the same or any part thereof to the said 
institution, I authorise my said Executors and Trustees to 
apply the rest, residue and remainder of my property, real 
and personal, after making good the said special trusts 
herein directed to be constituted, or such portions thereof 
as they may not deem it expedient to apply to its use, to 
such charitable, educational and scientific purposes as in 
the judgment of my said Executors and Trustees will render 
the said rest, residue and remainder of my property most 
widely and substantially beneficial to the interests of man- 
kind." 

^nb, afterwards in pursuance of their duties and of the direc- 
tions contained in the said thirty-fifth article of said will said 
executors and trustees made application to the Legislature of 
the State of New York for an Act of Incorporation of an Institu- 
tion to be known as the Tilden Trust, and in and by the said ap- 
plication elected to designate no other objects or purpose for or 
of the corporate body so applied for than the establishment and 
maintenance of a Free Library and Reading Room in the city 
of New York and elected to confine their designation to the pur- 
poses and objects of said corporation so applied for the estab- 
lishment and maintenance of a Free Library and Reading 
Room in the city of New York, and the said Legislature after- 
wards, on the twenty-sixth day of March, 1887, in compliance 
with said application, passed an Act entitled an Act to Incor- 
porate the Tilden Trust for the establishment and maintenance 
of a Free Library and Reading Room in the city of New York, 
which said Act was thereafter duly approved; and 

tiJIjereas, the said executors and trustees have accepted the 
said Act and have, in pursuance of the terms thereof, desig- 



CONVE YANCE OF THE TILDEN EST A TE. 83 

nated and appointed in writing two other trustees, namely, 
Alexander E. Orr and Stephen A. Walker, and the said corpora- 
tion has been duly organized and a President and Vice-Presi- 
dent, Secretary and Treasurer thereof duly appointed ; and 

tDljereae, the estate of the said Samuel J. Tilden is not as yet, 
and cannot be for some time to come, completely settled, and 
divers of the duties and functions of the executors thereof 
remain unperformed; but the said John Bigelow, Andrew H. 
Green and George W. Smith, executors and trustees, as afore- 
said, deem it to be their duty to vest in the said Tilden Trust 
without delay all the rest, residue and remainder of the real and 
personal estate of the said Samuel J. Tilden, which they are by 
the said thirty-fifth article of said will authorized to convey to 
or apply to the use of the said Tilden Trust, so, however, as to 
save and reserve to themselves all their powers, duties and func- 
tions conferred upon them by the said will, except any power or 
duty to otherwise dispose of the said rest, residue and remainder, 
or any part thereof ; 

"^oxa Sliercforc, 9[l)is Inbentnre tOitnessetl) that the said par- 
ties of the first part, in consideration of the premises and of the 
sum of one dollar to them in hand paid by the said party of the 
second part, the receipt whereof is hereby acknowledged, have 
granted, bargained, sold, assigned, transferred and set over, 
conveyed to and applied to the use of and by these presents, do 
hereby grant, bargain, sell, assign, transfer, set over, convey to 
and apply to the use of the said party of the second part, its suc- 
cessors and assigns, all the rest, residue and remainder of all the 
real and personal estate of the said Samuel J. Tilden, which in 
and by the said thirty-fifth article of said will they are author- 
ized to convey or apply to the use of the said Tilden Trust, 

STo iiaoe anil ®0 :i^oIi> the said rest, residue and remainder to 
the said party of the second part, its successors and assigns for- 
ever, subject, however, in the manner provided by the said thirty- 
fifth article of said will to the special trusts directed by the said 
will to be constituted for particular persons and to the obligations 
to make and keep good the said special trusts, and also subject to 
the express condition that in case any special trust directed to be 
constituted by the said will shall fail in whole or in part by de- 



84 TILDEN TRUST. 

preciation of securities, that then and in such case, and in every 
such case, the said party of the second part shall, out of the said 
rest, residue and remainder, hereby conveyed, repay to the 
trustees for the time being of any such special trust, so much 
money as shall be suflScient in each case to make good the loss or 
deficiency arising out of such depreciation, the parties of the 
first part, however, saving and reserving to themselves all 
powers, duties, functions and rights appertaining to their oflBce 
as executors and trustees under the said will, which shall or may 
be necessary or proper in due course of the administration of the 
estate of the said decedent, and closing out of the same accord- 
ing to law, and the true intent of said will, but not reserving the 
right or power to make any other disposition of the said rest, 
residue and remainder hereby conveyed to the said Tilden Trust, 
or any part thereof, it being the intent and meaning of this in- 
denture to vest the right, title and interest in and to the said 
rest, residue and remainder so conveyed in the said Tilden Trust 
to the end that from time to time as soon as any part of said 
rest, residue and remainder shall be received by them, the said 
party of the first part, and be ready for actual delivery into the 
custody, possession and control of the said Tilden Trust, the 
same may be so delivered and the said Tilden Trust may de- 
mand and receive the same, and to the end also that in the 
meantime and until such delivery, or time for delivery, the said 
parties of the first part shall have and possess all the powers in 
respect to the receipt, collection, management, sale, transfer, 
conveyance and disposition of all the assets, real and personal, 
belonging to the estate of said Samuel J. Tilden which they now 
possess and enjoy as executors and trustees. 

And the party of the second part hereby acknowledges its ob- 
ligations to make good as aforesaid said special trusts and cov- 
enants, and agrees with the said parties of the first part to fulfill 
the same, and for the better security for the performance of such 
covenant the said party of the second part hereby covenants and 
agrees to and with the said parties of the first part to set apart 
and separately invest two and one-half per cent, of all amounts 
it shall at any time receive pursuant to this conveyance, in good 
marketable securities, and to keep the same so invested during 
the continuance of said special trusts, and until the same and all 



CONVEYANCE OF THE TILDEN ESTATE. 85 

the same shall have terminated, but with liberty to apply parts 
of the sums so invested from time to time, as occasion and neces- 
sity may arise, to make good any loss or deficiency which may 
be caused by any depreciation as aforesaid, and also with liberty 
to apply the income arising from the funds so invested to the 
objects and purposes of said Tilden Trust. 

Jn XDlttl^SS tDl)ereof, the parties hereto have hereunto set their 
hands and seals the day and year first above written. 

John Bigelow, (seal) 

Andrew H. Green, (seal) 
Geo. W. Smith, (seal) 

Executors and Trustees. 

(corporate seal) The Tilden Trust, 

John Bigelow, 

President. 
Attest: A. E. Orr, 

Secretary. 



XXV. 

JUDGMENT DECLARING THE TILDEN TRUST VOID, 
MODIFIED AND AFFIRMED. 



Present- 



judgment of the special term, 

27 May, 1890. 
Judgment of the General Term, modifying 

the former judgment, 

19 November, i8go. 

Entered 2 January, 1891. 
Judgment Affirmed by the Court of Appeals, 

27 October, i8gi. 

At a Special Term of the Supreme Court of the 
State of New York, held in and for the County 
of New York, at the County Court House, on 
the 27th day of May, 1890. 

-Hon. Miles Beach, Justice. 

SUPREME COURT. 



George H. Tilden, 
against 



Plaintiff, 



Andrew H. Green, John Bigelow and George W. Smith, as 
Executors and Trustees under the Last Will and Testament of 
Samuel J. Tilden, deceased ; Samuel J. Tilden, Jr. , Ruby S. Tilden, 
Susan G. Tilden, Lucy F. Tilden, Laura B. Hazard; and Laura 
B. Hazard and William A. Hazard, as Executors of the Last 
Will and Testament of Mary B. Pelton, deceased; Henrietta A. 
Swan, Caroline B. Whittlesey, Susan G. Tilden, Anne J. Gould, 
Adelaide E. Buchanan, Marie Celeste Stauffer, Henrietta Jones, 
John J. Cahill, Maria Sinnot, Georgen Johansen, Henry G. Gilbert, 
Edward Reilly, Catherine Burke, Rosa Clark, John Lynch, Eliza- 
beth Gettens, Denis O'Hare, and Daniel Herr, and the Tilden 
Trust, 

Defendants. 



The issues of fact and of law arising in this action having 
been tried before the said Justice, now present, and the said 

86 



JUDGMENT OF THE SUPREME COURT. 87 

Justice having duly made and filed his findings of fact and con- 
clusions of law, whereby he finds and determines that the Plain- 
tiff is entitled to this judgment; now on motion of Vanderpoel, 
Green and Cuming, the attorneys for the Plaintiff, the Court 
orbcrs, obiubges atib decrees : 

iTirst. That the provisions in the will of the testator, Samuel 
J. Tilden, deceased, having in view the creation of a "general 
trust " of his entire residuary estate for charitable uses, are, and 
each of them is illegal and void. 

Seconb. That the devise and bequest in the will of the tes- 
tator, Samuel J. Tilden, to his executors and trustees, and to 
their successors in the trust thereby attempted to be created, 
and to the survivors and survivor of them, of all the rest, residue 
and remainder of all the property, real and personal, of which 
the said testator died, seized or possessed, vests no interest 
therein, or in any portion thereof, in any ascertained or ascer- 
tainable person, either natural or artificial, and is incapable of 
being carried into effect by a judicial decree, and is illegal and 
void. 

SCljirb. That the provisions of the thirty-fifth article of the 
will of the testator, Samuel J. Tilden, deceased, authorizing his 
executors and trustees, in their discretion, to convey, or to apply 
the rest, residue and remainder of all the testator's real and 
personal property, or so much thereof as they may deem expe- 
dient, or may not deem inexpedient, to the various uses and 
purposes therein mentioned, and in the manner therein sug- 
gested, are, and each of said provisions is, illegal and void ; and, 
that as to the property therein mentioned, and each and every 
part thereof, the same is undisposed of by the said provisions of 
the said will, and at the death of the said testator, the said prop- 
erty, and each and every part thereof descended to, and vested 
in due course of law, in the plaintiff herein, and in the other 
heirs at law and next of kin of the said Samuel J. Tilden, de- 
ceased. 

Jburtl). And it is further Declared, Adjudged and Decreed, 
that as to his entire residuary estate, the testator, Samuel J. 
Tilden, died intestate, and the whole thereof at his death de- 



88 TILDEN TRUST, 

scended to and vested in the plaintiff and the other heirs at law 
and next of kin of the said Samuel J. Tilden deceased. 

iFiftl). And it is Further Adjudged, Declared and Decreed, 
that the objects and purposes to which the testator's residuary 
estate is authorized by his will to be applied are illegal and 
invalid, and the same remains undisposed of by his will, and is 
to be distributed to the plaintiff and the heirs at law and next 
of kin of the testator; and that the said executors and trustees 
proceed according to law to make distribution of the personal 
estate of the testator in their hands, and of the rents, issues and 
profits of the real estate received by them, which shall remain 
after satisfying the several legacies providing for the special 
trusts for the benefit of the particular individuals named therein; 
and paying the costs, charges and expenses of this action, which 
are hereby directed to be paid. 

SijEtl). And it is Further Ordered, Adjudged and Decreed, 
that the plaintiff, George H. Tilden, recover of the defendants, 
Andrew H. Green, John Bigelow and George W. Smith, as ex- 
ecutors and trustees under the last will and testament of Samuel 
J. Tilden deceased, his costs of this action, taxed at the sum of 
two hundred and sixteen ^^j^ dollars, together with an additional 
allowance of two thousand dollars hereby awarded to him, in 
all amounting to the sum of two thousand two hundred and 
sixteen ^^-^ dollars, and that the plaintiff have execution there- 
for. 



XXVI. 
THE COMPROMISE AGREEMENT. 



Dated, 29 May, i8gi. 

Recorded in New York, 7 February, 1894. 

Sec. 3, Liber 28, page 13; Blocks 875-876. 
Recorded in Westchester Co., ii October, 1894. 

Liber 1371 of Deeds, page 181. 
Recorded in Kings Co. 13 February, 189J, 

Liber i of Conveyances, page 198, Sect. 9. 

@[l)is Jtnbcttttirc made and entered into this twenty-ninth day 
of May one thousand eight hundred and ninety-one by and be- 
tween I^aura P. Hazard individually, and Laura P. Hazard and 
William A. Hazard, as Executors of the last will and testament 
of Mary B. Pelton, deceased, parties of the first part, John Bige- 
low, Andrew H. Green and George W. Smith, as Executors of 
and Trustees under the last will and testament of Samuel J. 
Tilden, Deceased, parties of the second part, and The Tilden 
Trust, a corporation organized and existing under and by virtue 
of the laws of the State of New York, party of third part. 

tol)£rettB : Samuel J. Tilden, late of Graystone, in the County 
of Westchester and State of New York, died on the fourth day 
of August 1886, leaving a last will and testament dated the 23d 
day of April 1884, which said last will and testament was duly 
admitted to probate as a will of both real and personal property 
by the Surrogate of Westchester County on the 20th day of 
October 1886; and tOljereas John Bigelow, Andrew H. Green 
and George W. Smith, the parties of the second part hereto, 
were appointed executors and trustees of said will and have 
duly qualified and entered upon the discharge of their duties as 
such executors and trustees ; and tol)er£OB said Samuel J. Tilden 

89 



90 TILDEN TRUST. 

left him surviving his sister, Mary B. Pelton, and his nephews 
and nieces George H. Tilden, Samuel J. Tilden Jr., Henrietta 
A. Swan, Caroline B. Whittlesey, Ruby S. Tilden, and Susan G. 
Tilden, his only heirs at law and next of kin ; and toljereoB the 
parties of the second part in pursuance of the provisions of said 
will duly applied to the Legislature of the State of New York 
for an act of incorporation of an Institution to be known as the 
Tilden Trust, and thereupon the said Legislature passed an act, 
entitled "An Act to incorporate the Tilden Trust, for the estab- 
lishment and maintenance of a free library and reading room 
in the City of New York", being Chapter 85 of the laws of 1887; 
and thereupon the party of the third part was duly incorporated 
and organized under and by virtue of said act; and 

tDljereas : The parties of the second part thereafter and in 
pursuance of the provisions of the Thirty-Fifth Article of the said 
will executed and delivered unto the said Tilden Trust a con- 
veyance of all the rest, residue and remainder of all the real and 
personal estate of the said Samuel J. Tilden, which in and by 
the said Thirty-Fifth Article of said will, they were authorized 
to convey to or apply to the use of the said Tilden Trust, as by 
the said conveyance dated the 29th day of April 1887, reference 
being thereunto had, will more fully and at large appear; and 

tOljereOB : Said conveyance was duly accepted by the said party 
of the third part ; and 

toliewas : The said Mary B. Pelton died on the twelfth day 
of March 1887 leaving the said Laura P. Hazard, one of the 
parties of the first part, her surviving her only heir and next of 
kin, and leaving a will which was duly admitted to probate by 
the Surrogate of the City and County of New York on the 
6th day of April 1887 and by which will the parties of the 
first part, Laura P. Hazard and William A. Hazard were duly 
appointed Executors thereof, and the said parties of the first 
part have duly qualified as such executors and are now acting 
as such ; and 

toliereos : After the Death of said Samuel J. Tilden, the said 
George H. Tilden brought an action in the Supreme Court of 
the State of New York, in the City and County of New York, 
in which action the parties to these presents are now defend- 



THE COMPROMISE AGREEMENT. 91 

ants, for the purpose of procuring a judgment declaring that 
the provisions of the thirty-third, thirty-fourth and thirty-fifth 
articles of said will of said Samuel J. Tilden, deceased are in- 
valid and void ; and judgment has been rendered in said action 
by the General Term of the First Department adjudging the 
provisions of the Thirty-fifth Article of said will for the estab- 
lishment of a free library and reading room in the City of 
New York to be illegal and void ; and 

tol)erca3 : An appeal has been taken from the said judgment 
by the parties of the second and third parts to the Court of 
Appeals, which appeal is still pending but has not yet been 
argued; and tnljereas it was further determined by said judg- 
ment or by the judgment affirmed thereby that the said Testator 
died intestate of all the property mentioned and attempted to 
be disposed of in and by the said Thirty-Fifth Article of his will, 
and that the same descended to his heirs and next of kin; and 

totjereae : The parties of the first part by their answer in said 
cause claimed to be entitled to one half of all the property 
real and personal of said Samuel J. Tilden, not validly dis- 
posed of in and by his said Will; and 

b3l)er£as : The parties hereto have agreed upon a settlement 
and adjustment of all controversies between them arising upon 
or concerning the said will of said Samuel J. Tilden, or involved 
in any wise in said action, to the end that the project of said 
testator for the establishment and maintenance of the free 
library and reading room mentioned in the Thirty-Fifth Article 
of said will may be carried out, and the parties of the first 
part desire that said project may be carried out in any event. 

NotD tl)er«fo«, %\\\% Jfnbenttirc toitneBsctl) : That the parties 

of the first part, in order to carry the said settlement into effect, 
and in consideration of the premises and of the sum of Nine hun- 
dred and seventy-five thousand dollars to them in hand paid at 
or before the ensealing and delivery of these presents by the 
said parties of the second part at the request of said Tilden 
Trust out of the funds in the hands of said parties of the second 
part which would under the terms of said will, as insisted upon 
by the parties of the second and third parts, be applicable to the 
purposes provided for in and by the Thirty-Third, Thirty-Fourth 



92 TILDEN TRUST. 

and Thirty-Fifth Articles of said will, the receipt of which sum 
by the said parties of the first part is hereby acknowledged, have 
granted, bargained, sold, aliened, remised, released, conveyed 
and confirmed and by these presents do grant, bargain, sell, 
alien, remise, release, convey and confirm unto the said party 
of the third part, its successors, and assigns, all the estate right 
title and interest of the said parties of the first part and each of 
them in and to all the property and estate, real and personal, of 
whatsoever nature and wheresoever situated formerly belonging 
to the said Samuel J. Tilden, deceased, and all income and in- 
crease thereof, and all funds moneys, securities, real estate or 
other property of whatever name or nature to which the parties 
of the first part or either of them or their respective heirs, execu- 
tors, administrators or successors might or would be entitled in 
case the provisions, or any or either of them, of the said Thirty- 
Third, Thirty-Fourth and Thirty-Fifth Articles of said will 
were for any reason whatever held invalid ; S[0getl)er with all 
and singular the tenements hereditaments and appurtenances 
thereunto belonging or in any wise appertaining; and the re- 
version and reversions, remainder and remainders, rents, issues 
and profits thereof, So %a,Xit Oltb ®0 1|olb all and singular the 
above granted property and premises unto the said party of the 
third part, its successors and assigns forever. It being the intent 
of this conveyance to vest in the said Tilden Trust all the inter- 
est of the said parties of the first part and each of them in the 
estate of said testator and the increase thereof, excepting only 
the interest bequeathed and devised unto the said Laura P. 
Hazard or in trust for her benefit under and by virtue of the 
provisions of the Ninth Article of said will. 

^n& the parties of the first part covenant and warrant to and 
with the parties of the second and third parts, that the said 
Mary B. Pelton was at the death of said Samuel J. Tilden en- 
titled to one half of all his residuary estate, except in so far as 
the same may have been validly disposed of by the Thirty-Third 
Thirty-Fourth and Thirty-Fifth Articles of his will, and that the 
said parties of the first part are now entitled to the same, and 
that the said Mary B. Pelton did not in her lifetime, and the 
said parties of the first part have not, nor hath either of them 
done or committed or suffered to be done or committed any act, 



THE COMPROMISE AGREEMENT. 93 

matter or thing whatsoever whereby the same or any part 
thereof is or shall or may be impeached, charged or encumbered 
in title, charge or estate, or otherwise however. 

!^nb the parties of the first part do hereby further covenant, 
stipulate, consent and agree to and with the parties of the 
second and third parts that the said residuary estate of the said 
Samuel J. Tilden, deceased, and any estate, right, title or interest 
of the said parties of the first part or either of them therein or 
thereto, may and shall be used and applied by the said parties 
of the second part or the said party of the third part or either 
of them to and for any of the purposes mentioned in the Thirty- 
Third, Thirty-Fourth and Thirty-Fifth Articles of said will of 
Samuel J. Tilden, deceased, and for any of the purposes au- 
thorized by the present charter of the said Tilden Trust or by any 
amendment of said charter hereafter to be made. 

^Tlb the parties of the first part, and each of them, do hereby 
release and forever discharge the said parties of the second and 
third parts and each of them, and their and each of their succes- 
sors, of and from all actions, causes of action, suits, controversies, 
claims, demands, debts, accountings and liabilities whatsoever 
which against the said parties of the second and third parts, or 
either of them, or their or either of their successors, they the said 
party of the first part, or either of them or their respective heirs 
Executors or Administrators, or successors, ever have had, now 
have or may hereafter have by reason of any matter, cause or 
thing whatsoever from the beginning of the world down to the 
date of these presents, excepting from this release only any 
claim which the said Laura P. Hazard may have under said will, 
to the benefit of the provisions of the Ninth Article thereof. 

^nb the said parties of the first part for themselves and their 
respective heirs, executors, administrators and successors do 
further covenant and agree to and with the parties of the second 
and third parts and each of them and their respective successors 
and assigns, and all and every person or persons whomsoever, 
lawfully or equitably deriving any estate, right, title or interest 
of in or to the above granted property and premises from or 
under them or either of them, that the said parties of the first 
part their heirs, executors, administrators and successors shall 
and will at all times hereafter upon the reasonable request of 



94 TILDEN TRUST. 

the said Tilden Trust, its successors or assigns, make do and 
execute, or cause to be made done and executed all and every 
such further and other lawful and reasonable acts, conveyances 
and assurances in the law for the better and more effectually 
vesting and confirming the premises and property hereby con- 
veyed and assigned or intended so to be, in and to the said Tilden 
Trust, its successors and assigns, forever, as by the said Tilden 
Trust, its successors or assigns, or its or their counsel, learned 
in the law shall be reasonably advised, devised or required. 

5^n& the said party of the third part doth hereby covenant and 
agree to and with the parties of the second part that as to so 
much of the premises and property hereby conveyed as may be 
necessary to carry out the provisions of the Thirty-Third and 
Thirty-Fourth Articles of said will, such necessity to be deter- 
mined by the demand of said parties of the second part, but 
not in excess of the amounts by said Articles respectively de- 
voted to the purposes therein mentioned, the party of the third 
part receives the same from the parties of the first part for the 
account of the parties of the second part, and will pay and de- 
liver the same to them upon such demand, the intention of this 
provision being that the same shall be disposed of by the parties 
of the second part in carrying out the purposes of said testator 
specified in the said Thirty-Third and Thirty-Fourth Articles of 
his will. 

3n toitmes tOljereof, the parties of the first and second parts 
have hereunto set their hands and seals and the party of the 
third part has caused these presents to be signed by its President 
and its Corporate Seal to be hereto affixed the day and year first 
above written. 

Laura Pelton Hazard (seal) 

William A. Hazard (seal) 

Executors of Mary B. Pelton 
John Bigelow (seal) 

And. H. Green (seal) 

Geo. W. Smith (seal) 

Executors and Trustees under the 
Will of Samuel J. Tilden, Dec'd. 
The Tilden Trust 
by John Bigelow 
(corporate seal.) President. 



XXVII. 
THE PARTITION AGREEMENT. 



Dated, 30 March, 1892. 

9[|)is <a.gre£inent, made this thirtieth day of March, one thou- 
sand eight hundred and ninety-two, by and between John Bige- 
low, Andrew H. Green and George W. Smith as executors of, 
and Trustees under, the last will and testament of Samuel J. 
Tilden, deceased, parties of the first part; The Tilden Trust, a 
corporation organized and existing under and pursuant to the 
laws of the State of New York, party of the second part, and 
George H. Tilden, Samuel J. Tilden, Jr., Ruby S. Paine 
(formerly Ruby S. Tilden), Henrietta A. Swan, Caroline B. 
Whittlesey, Susan G. Sabin (formerly Susan G. Tilden), parties 
of the third part : 

ti)t)ereas, Samuel J. Tilden, late of Graystone, in the City of 
Yonkers and State of New York died, leaving a last will and 
testament which was afterwards and on or about the twentieth 
day of October, 1886, duly admitted to probate by the Surro- 
gate of the County of Westchester, wherein and whereby he 
appointed the parties of the first part hereto to be executors 
thereof, and bequeathed unto them as trustees certain personal 
property upon the special trusts in said will expressed, and, 
after making certain legacies, also bequeathed and devised unto 
them his entire residuary estate in trust, to carry out the pur- 
poses of said will, all of which, by reference to the said will, 
will more fully and at large appear, and 

95 



96 TILDEN TRUST. 

tOljerCttB, An action was thereafter brought by George H. 
Tilden, one of the parties of the third part, for the purpose of 
procuring an adjudication that the provisions of the thirty-third, 
thirty-fourth and thirty-fifth articles of the said will were in- 
valid and void, in which action the parties of the first part and 
all the other parties of the third part were defendants, and after 
the commencement of said action the party of the second part 
hereto was duly incorporated and organized under an act of the 
legislature of the State of New York, and was thereafter made 
a party defendant in said cause, and 

tDI)Jr£as, The parties of the third part, together with Mary B. 
Pelton, a sister of the said Samuel J. Tilden, were at the time 
of his death, his only heirs at law and next of kin and entitled 
to any property whereof he died seized and possessed not validly 
disposed of in and by said last will and testament, and the said 
Mary B. Pelton died pending the said suit leaving her surviving 
as her only heir at law and next of kin, her grand daughter Laura 
P. Hazard, and leaving a last will and testament in which she 
devised and bequeathed all her property and estate, real and 
personal, unto the said Laura P. Hazard, and appointed said 
Laura P. Hazard, together with her husband William A. Hazard, 
executors thereof, and 

tD^ereas, The proportions in which the said Laura P. Hazard 
and the said parties of the third part hereto were entitled to any 
property, real or personal, whereof the said Samuel J. Tilden 
died seized and possessed, not validly disposed of by his last will 
and testament, were as follows, to wit: the said Laura P. Hazard 
one-half thereo f and each of the said parties of the third part 
one-twelfth thereof, and 

tol)£reas. In the said action the said Tilden Trust claimed that 
under the said will and under a conveyance by the parties of the 
first part hereto in pursuance of the thirty-fifth clause thereof, 
it was entitled to all the residuary estate, real and personal, of 
the said Samuel J. Tilden, deceased, as being validly disposed of 
in favor of said Tilden Trust by said clause, and the parties of 
the third part, together with the said Laura P Hazard, insisted 
that the said thirty-fifth clause of said will was invalid and void, 



THE PARTITION AGREEMENT. 97 

and that the said Samuel J. Tilden died intestate of his said 
residuary estate, real and personal, and that they, the said Laura 
P. Hazard and the said parties of the third part hereto, were en- 
titled thereto, and 

tX)l)ereas, Pending the said suit a compromise and settlement 
of all questions involved therein was made and effected between 
the said Laura P. Hazard and the said Tilden Trust, and in pur- 
suance of such settlement and compromise, and in consideration 
of the payment of the sum of nine hundred and seventy-five 
thousand dollars ($975,000) by the said Tilden Trust, through 
the parties of the first part to the said Laura P. Hazard out of 
the share of said estate which was claimed by said Laura P. 
Hazard in said action, the said Laura P. Hazard and William A. 
Hazard, as executors of the will of the said Mary B. Pelton, de- 
ceased, and the said Laura P. Hazard individually, conveyed 
and assigned unto the said Tilden Trust all the estate, right, title 
and interest of the said Laura P. Hazard, and all the estate, right, 
title and interest which at the time of the death of the said Samuel 
J. Tilden, the said Mary B. Pelton had in and to the property 
and estate left by the said testator, excepting only the property 
disposed of in and by the ninth clause of said will, and 

toljereos. In the action aforesaid, it was adjudged, in sub- 
stance, that the provisions of the thirty-fifth article of the said 
will were invalid and void, and that the said Samuel J. Tilden 
died intestate of his residuary estate attempted to be disposed 
of by said clause, as by reference to said judgment will more 
fully appear, and 

tDl)«rea0, By reason of the premises, the said parties of the 
third part are entitled share and share alike to one-half part of 
all the estate, real and personal, left by the said Samuel J. Tilden 
and not validly disposed of in and by his said will, and the said 
Tilden Trust is entitled to the remaining one-half part thereof, 
after deducting therefrom the said nine hundred and seventy-five 
thousand dollars paid to the said Laura P. Hazard, with an 
allowance of interest thf reon, which payment is regarded as an 
advance on account of the one-half part of said estate which was 
in controversy between said Tilden Trust and said Laura P. 
Hazard, and 



98 TILDEN TRUST. 

toljercos, No adjudication was made in said action, or has 
otherwise been made, concerning the validity of the said thirty- 
third and thirty-fourth articles of said will of the said Samuel J. 
Tilden, and 

tX)l)frettS, After the final judgment in said action by which the 
said thirty-fifth clause of said will was held invalid, and the affirm- 
ance thereof by the Court of Appeals, an action was commenced 
by the said parties of the first part in the Supreme Court of the 
State of New York against all the other parties hereto, together 
with other persons interested in said estate, for a construction of 
other portions of said will, including the question of the validity 
of the thirty-third and thirty-fourth articles thereof, and for a 
judicial settlement of their accounts, which action is still pend- 
ing undetermined in said Court, and the said George H. Tilden, 
one of the parties of the third part, instituted a proceeding for an 
accounting by said executors and trustees in the Surrogate's 
Court for the County of Westchester, and thereupon the said 
parties of the first part filed a petition in said Surrogate's Court 
for a voluntary accounting, which action and proceedings are 
still pending, and 

tol)ereas, The said parties of the first part after the final de- 
cision of said cause by the Court of Appeals, deemed it for the 
interest of the said estate and the parties interested therein, that 
a prompt auditing and settlement of their accounts as executors 
and trustees should be had, and a distribution of the estate of the 
said testator made, with the exception of the fund to be reserved 
for contingencies, as hereafter provided, and to that end invited 
an inspection and examination of all the books, records, vouch- 
ers, and accounts of the said estate and of the said parties of the 
first part as executors and trustees thereof, by expert accountants, 
to be selected by the said parties of the third part, and 

tDljcrcos, Such examination and investigation have, in fact, 
been had and the account annexed hereto, marked Exhibit A, 
prepared by the said parties of the first part for submission to 
the said Surrogate, has been audited, settled and allowed by all 
the parties hereto, and 

iBIjCreao, A division and partition of all the personal property 



THE PARTITION AGREEMENT. 99 

of the said testator not effectually disposed of in and by the said 
will has been agreed upon by and between the said Tilden Trust 
on the one hand, and the said parties of the third part on the 
other, and 

toljereos. Other matters of difference between the said Tilden 
Trust and the said parties of the third part have been compro- 
mised and settled ; 

NotD aiierefore tl)is 5a.9reement tOitneosetl) : That the parties 

hereto, in consideration of the premises, and of the sum of one 
dollar by each to each of the others in hand paid, the receipt 
whereof is hereby acknowledged, and for the purpose of making 
a complete and final settlement of the accounts of the said par- 
ties of the first part and an adjustment of all matters connected 
with or growing out of the administration of said estate, and an 
actual division and distribution of all the personal property of 
the said testator to which the parties of the second and third 
parts are entitled, excepting only the funds hereinafter provided 
to be reserved for collateral inheritance taxes and for contingen- 
cies, have agreed and by these presents do agree to and with 
each other as follows : 

iTirst. The parties of the first and second parts, hereby with- 
draw their objections to the carrying out by the said executors 
and trustees of the provisions of the Seventeenth and Eighteenth 
Articles of said will, whereby the sum of seventy-five thousand 
dollars is directed to be set apart as a special trust for the benefit 
of each of the said George H. Tilden and Samuel J. Tilden, Jr., 
and all the parties hereto agree and consent that said Articles be 
promptly carried out. 

It is also agreed that the said parties of the first part shall, 
contemporaneously with the signing of this agreement, pay to 
each of the said George H. Tilden and Samuel J. Tilden, Jr., 
the sum of fifteen thousand eight hundred and eighty-three -^ 
dollars, which sum is hereby accepted by each of them in full 
satisfaction and discharge of all claims for income or interest 
upon said special trust for his benefit from the death of said tes- 
tator unto the date of these presents. 



100 riLDEN TRUST. 

Seconb. It is further agreed that the said parties of the first 
part shall contemporaneously with the signing of this agree- 
ment, pay to each of the following parties, the following sums 
respectively, viz. : to Ruby S. Paine, the sum of five thousand 
and eight ^^ dollars; to Henrietta A. Swan, the sum of sixteen 
hundred and sixty-nine ^^ dollars ; to Caroline B. Whittlesey, 
the sum of thirteen hundred and twenty -^^ dollars, and to 
Susan G. Sabin, the sum or five thousand and eight ^^ dollars, 
which sums together with the sums heretofore actually paid to 
and received by said parties respectively are accepted by them 
in full satisfaction and discharge of all claims for income or 
interest upon the special trusts directed by said will to be set 
apart for their benefit, respectively, from the death of the tes- 
tator to the date of these presents. 

9[t)iri). All the parties hereto recognize and admit the validity 
of the Fortieth, Forty-first and Forty-second Articles of said 
will, and the parties of the second and third parts unite in 
requesting the parties of the first part to carry out the same as 
speedily as may be. 

iFonrtl). It is further agreed by all the parties hereto, that the 
parties of the first part, as executors of said will, are entitled to 
and shall and may deduct from the moneys and assets of said 
residuary estate in their hands, in lieu of the salaries provided by 
said will, the regular commissions allowed by law to executors 
and trustees of the trusts created by said will, such commissions 
in all cases to be computed on bonds, stocks and other securities 
and investments at their actual value, as well as upon moneys. 
Any payments heretofore made on account of said salaries to be 
regarded as received on account of said commissions. 

i^iftl). It is further agreed by and between the parties of the 
second and third parts that the silver, table china, household 
china and glassware, and the furniture, library, books, manu- 
scripts, prints, portraits, engravings, pictures and statuary, 
watches, wearing apparel and telescope, belonging to said tes- 
tator, shall be divided as follows : 

All the silver, watches and wearing apparel shall be set apart 
to and shall belong to the parties of the third part; all the table 



THE PARTITION AGREEMENT. 101 

china, household china and glassware, shall be divided into 
seven equal shares, and six of such shares shall be set apart to 
and shall belong to the said parties of the third part, and the 
remaining share shall be set apart to and shall belong to the 
said Tilden Trust; all the other furniture, useful and orna- 
mental, carpets, library, books, manuscripts, prints, portraits, 
engravings, pictures, statuary, clocks and telescope, shall be set 
apart to and shall belong to the party of the second part with 
the exception of one portrait (not the one by Huntington) of 
the said testator, and bedroom furniture, bedding, table linen, 
curtains and rugs, which shall be given to the parties of the 
third part, or such one of them as they shall appoint. 

SijCtl). It is further agreed that the collateral inheritance or 
succession tax upon the shares of the parties of the third part 
in the residuary estate, real and personal of said testator, and 
upon their interests in the special trusts provided by said will, 
shall be paid, with such interest as may be due thereon, out of 
the said shares of the parties of the third part in said personal 
estate, by the parties of the first part, and that the collateral 
inheritance, legacy or succession tax upon the legacies given by 
the Twenty-seventh, Twenty-eighth, Thirtieth and Thirty-first 
Articles of said will shall be paid, with such interest as may be 
due thereon, by the parties of the first part, out of the residuary 
estate of said testator, so that the expense thereof shall be 
borne, one-half by the party of the second part and one-half by 
the parties of the third part. 

Seoetttt). It is further agreed that the action heretofore 
brought by Susan G. Tilden, now Susan G. Sabin, one of the 
parties of the third part, against the parties of the first part 
and the Tilden Trust, which action is now pending undeter- 
mined in the Supreme Court of the State of New York, shall be 
forthwith discontinued without costs to either party as against 
the other. 

®igl)tl). As the name of Mary Haley a servant of said tes- 
tator, is believed to have been omitted inadvertently by him 
from the list of legatees in the Thirty-first Article of said will, it 
is further agreed that the parties of the first part shall pay said 



102 TILDEN TRUST. 

Mary Haley the sum of one thousand dollars as and for a legacy 
from said testator, the same to be charged one-half to the share 
of the party of the second part and one-half to the shares of the 
parties of the third part. 

NintI). The substitution of bonds and mortgages in the place 
of Government bonds as investments of the funds constituting 
a part of the special trusts created by said will, as such substi- 
tution is shown by the account, Exhibit A, annexed hereto, has 
been made with the consent of all the parties hereto. 

STentt). The said account, Exhibit A, hereto annexed, includes 
all the matters and things in the First, Second, Fourth, Fifth, 
Eighth and Ninth Articles of this agreement provided to be done 
and performed, and correctly represents the condition of the 
said estate as the same will exist after the performance of all 
the agreements in said articles contained ; and it is further 
agreed by and between the parties hereto, that the accounts in 
said Exhibit A contained, are correct accounts of the adminis- 
tration of said estate and said accounts are hereby allowed and 
settled as accounts stated between the parties to be final and 
conclusive upon each and all of the parties hereto. 

(Eleoentl). The distributive shares of the parties of the second 
and third parts have been ascertained and fixed, and are in- 
cluded in said Exhibit A, as follows: 

There has been deducted from the total of said distributive 
shares the sum of five hundred thousand dollars composed 
of the money and securities specified in Exhibit B hereto an- 
nexed, and constituting the Contingent Fund hereinafter men- 
tioned. 

The remainder of said total of said distributive shares has 
been divided into two equal parts in the following manner: 

\. The payment of nine hundred and seventy-five thousand 
dollars aforesaid to said Laura P. Hazard has been treated as 
an advance on account of the distributive share of said estate 
which was in controversy between said Laura P. Hazard and 
the said Tilden Trust, and interest has been charged thereon at 
the rate of three per cent, per annum from the date of said pay- 
ment, such rate being deemed just by all the parties hereto, and 



THE PARTITION AGREEMENT. 103 

the said advance has been adjusted by an allowance of cash to 
the distributive share of the parties of the third part. 

2. The items of personal property mentioned in the Fifth 
Article hereof have been divided between the Tilden Trust and 
the parties of the third part as in said article provided ; the same 
being agreed upon as an equal and just division of said items. 

3. All the stocks, bonds and personal securities other than 
mortgages, have been divided in specie into two equal shares, 
except that odd amounts not divisible by twelve, so as to be 
distributable equally among the parties of the third part, have 
been placed in said Contingent Fund, and except also the se- 
curities mentioned in the next succeeding clause, viz : 

5r. The following securities, to wit: 

14,667 shares of the New York Iron Mine, 
1,104 shares of the Hudson River Ore & Iron Co., 
3,900 shares of the Iron Cliff's Company, 
800 shares of the Chicago Dock & Canal Co. 
have been put up at auction to be bid for by the party of the 
second part and the parties of the third part, for the purpose of 
establishing their value for division and upon such bidding have 
been allotted to the said party of the second part, who was the 
highest bidder therefor, and who is charged in said accounts 
with the amounts of its bids for said securities, and the parties 
of the second and third parts hereby agree that said amounts 
so bidden and charged are the fair values of said securities 
respectively. 

5. The cash and mortgages remaining after allotting to the 
distributive share of the parties of the third part sufificient cash 
and mortgages to make good the amounts so charged to the 
share of the party of the second part for said advance and for 
said purchases, have been equally divided. 

SradftI). The first of said distributive shares, shown by said 
Exhibit A, and ascertained in the manner above set forth, shall 
be forthwith paid, transferred and delivered to the said Tilden 
Trust. 

From the second of said distributive shares the parties of the 
first part shall deduct and retain the sum of one hundred and 



104 TILDEN TRUST. 

thirty-five thousand dollars, and therewith shall pay the collateral 
inheritance, succession and legacy taxes upon the distributive 
shares of the parties of the third part in said estate and upon 
the interests of said parties of the third part in the special trusts 
provided in said will, with the interest due upon such taxes, ac- 
counting to the parties of the third part for any excess of said 
sum not required for the payment of said taxes and interest. 

The remainder of said second of said distributive shares shall 
be forthwith paid, transferred and delivered to the said parties 
of the third part. 

8l^l}irteentl). The said Contingent Fund of five hundred 
thousand dollars to be retained by the parties of the first part, 
which is estimated at that sum only for the purpose of deduct- 
ing the same as aforesaid, but is to be accounted for according 
to the actual proceeds thereof upon realization, shall, so far as 
the same consists of salable securities and property other than 
cash, be converted into money by the said parties of the first 
part from time to time as they in their discretion may think 
best for the interests of said estate. 

The said parties of the first part shall not be held liable for 
any losses arising from the depreciation of any such securities. 

The said fund shall be applied and used by the parties of the 
first part for the following purposes : 

1. The payment of any debts of the said Samuel J. Tilden, 
deceased, or claims against, or liabilities of the said estate. 

2. The payment of any proper expenses of administration 
now or hereafter incurred, including the care and expense of 
maintenance of the real estate until sold or divided. 

S. The carrying into effect of the Thirty-third and Thirty- 
fourth Articles of said will, in case the same or either of the 
same shall be held valid by the final judgment in the action 
brought by the parties of the first part and mentioned in the 
recital to this agreement, or in any other appropriate proceeding. 

4. The execution of the Fortieth Article of said will. 

5. The expenditure of such sums as in the judgment and dis- 
cretion of the parties of the first part may be proper for carrying 
into effect the provisions of the Forty-first and Forty-second 



THE PARTITION AGREEMENT. 105 

Articles of said will, not exceeding $25,000, for the Forty-first 
Article if a monument be erected at New Lebanon only, or 
ISOjOoo if erected at New Lebanon and New York, or at New 
York only, and not exceeding $10,000, for the Forty-second 
Article. 

6. The payment of collateral legacy taxes upon the legacies 
given by the Twenty-seventh, Twenty-eighth, Thirtieth and 
Thirty-first Articles of said will. 

7. Any surplus of said fund not required for the purposes 
aforesaid, shall be accounted for by said parties of the first part 
within five years from date, and paid over one-half thereof to 
the said Tilden Trust, and the other half thereof to the said 
parties of the third part. 

iTourtecntf). Nothing in this agreement contained shall be 
deemed to affect the real estate left by said testator, wherever 
situated, nor any rights, interests or claims of the parties hereto 
or any or either of them in or to the same or any part or parts 
thereof, except the real estate at Islip, Owl's Head, Turner's 
and Greenpoint heretofore sold by the parties of the first part, 
the proceeds of which sales are accounted for and divided in the 
distribution now made. The parties of the second and third 
parts hereby ratify said sales and covenant and agree to execute 
all such deeds and acts of further assurance as may be neces- 
sary to vest all their title in and to said real estate in the pur- 
chasers at said sales or their assigns, whenever thereunto re- 
quested. 

JFifteCTttl). This agreement is made without prejudice to any 
claim or right which may hereafter be asserted by the said 
Tilden Trust, its successors or assigns, or by the said parties 
of the third part, their executors, administrators or assigns, or 
either of them, to or in respect of any interest in remainder, 
contingent or otherwise, expectant upon the life estates or inter- 
ests in the special trusts, or any of them, provided by said 
will. 

SiXtcentl). The parties of the third part do hereby further 
severally covenant and agree to and with the said parties of the 
first and second parts that they have not conveyed, assigned, 



106 TILDEN TRUST. 

transferred, aliened or encumbered their interests or any part 
thereof, in said estate as next of kin of said testator, and that no 
creditor or other person has acquired any lien thereon, and that no 
receiver of their property, or any part thereof, has been appointed, 
or if any such ever has been appointed, that such receiver has 
been discharged and such appointment is no longer in force, 
and that no persons other than the parties of the third part are 
entitled to receive their said respective distributive shares or any 
part thereof. And they further covenant and agree to indemnify 
and save harmless the parties of the first part of and from 
all claims, demands, liabilities, damages, costs, expenses and 
charges to which they may become subject by reason of the 
payment, and delivery of said distributive shares to said parties 
of the third part. 

0et)£nte«ntl). The parties of the third part further agree that 
in case the said fund of one hundred and thirty-five thousand 
dollars, reserved for the payment of collateral inheritance, suc- 
cession and legacy taxes, shall be insufficient for that purpose, 
or in case the said Contingent Fund of five hundred thousand 
dollars shall be insufficient for the purposes to which the same 
is to be applied, they, the said parties of the third part, will repay 
to the said parties of the first part, on demand, such sum as 
shall be necessary to make good the deficiency. 

ffiigljteentl). It is further stipulated and agreed that the pro- 
ceeding brought by the said George H. Tilden in the Surrogate's 
Court for the County of Westchester, for an accounting by said 
parties of the first part, be discontinued without costs to either 
party. 

NinetcentI). It is further agreed that the parties of the third 
part and their respective attorneys, will at any time, if thereunto 
requested by the parties of the first part, execute and deliver to 
the said parties of the first part a stipulation in proper and 
effectual form for the discontinuance, without costs to either 
party as against the other, of the proceeding brought by said 
parties of the first part in said Surrogate's Court for the judicial 
settlement of their accounts. 

STroentUtl). The parties of the second and third parts admit, 



THE PARTITION AGREEMENT. 107 

stipulate and agree that, in consequence of the judgment in the 
action brought by said George H. Tilden, whereby it was among 
other things adjudged in substance that the general trust to his 
executors and trustees attempted to be created by said testator 
was illegal and void, and that the provisions of the Thirty-fifth 
Article of said will were illegal and void, and that the said 
testator died intestate of his residuary estate, the provisions of 
the Twenty-fifth Article of said will for the making good of any 
loss through depreciation of securities in which the funds of the 
special trusts created by said will might be invested, have become 
wholly inoperative and of no effect ; and the parties of the third 
part hereby release and discharge the party of the second part, 
its successors and assigns from all claims, demands and liabili- 
ties whatsoever which they or either of them now have or at any 
time hereafter may have, of or by reason of any failure of said 
special trusts, or any or either of them, in whole or in part 
through depreciation of securities, or any obligation to make 
good any such failure or depreciation. 

SlBCntg-first. The parties of the first part having fully ac- 
counted to the parties of the second and third parts as herein- 
before set forth, for all and singular their acts and doings in the 
administration of said estate, and of the special trusts created by 
said will for the benefit of the parties of the third part, up to the 
day of the date of these presents, it is further stipulated and 
agreed, that a judgment or decree may at any time be entered 
without notice by the parties of the first part in the action 
brought by them as aforesaid in the Supreme Court of New 
York for a construction of portions of said will and a judicial 
settlement of their accounts, settling and allowing the accounts 
of the said parties of the first part as executors of and trustees 
under the said will, as the same are set forth in said Exhibit A 
hereto annexed, and discharging the said parties of the first part 
of and from all liability or accountability in respect to any matter, 
cause or thing connected with or arising out of the said estate 
of said Samuel J. Tilden, deceased, or the administration thereof 
by the said parties of the first part, excepting only the liability 
to account to the parties of the third part for any residue of said 
fund of one hundred and thirty-five thousand dollars retained 



108 TILDE N TRUST. 

for the payment of collateral inheritance and legacy taxes, left 
after making such payment, and the liability to account to the 
parties of the second and third parts for the application of said 
Contingent Fund of five hundred thousand dollars to the objects 
and purposes in that behalf hereinbefore set forth. 

!2tnb in consideration of the premises, the party of the second 
part, for itself, its successors and assigns, and the parties of the 
third part for themselves, their executors, administrators and 
assigns, have remised, released and forever discharged, and by 
these presents do remise, release and forever discharge the said 
parties of the first part, and each of them, individually and as 
executors and trustees as aforesaid, and their respective heirs, 
executors, administrators, successors and assigns, of and from 
all actions, causes of action, accounts, reckonings, damages, 
debts, dues, covenants, liabilities, claims and demands, what- 
soever, which against them or either of them, or their or either 
of their heirs, executors, administrators or successors the said 
party of the second part, its successors or assigns or the said 
parties of the third part or either of them or their or either of 
their heirs, executors, administrators or assigns, now have, ever 
have had, or may hereafter have by reason of any cause, matter 
or thing, done, suffered or omitted by the said parties of the 
first part or either of them in the administration of said estate, 
or in the execution of the trusts or any of the trusts created by 
said will, unto the day of the date of these presents; excepting 
from this release only the liability of said parties of the 
first part to account to the parties of the third part for 
any residue of said fund of one hundred and thirty-five 
thousand dollars retained for the payment of collateral inher- 
itance and legacy taxes, left after making such payment, 
and their liability to account to the parties of the second 
and third parts for the application of said Contingent Fund 
of five hundred thousand dollars to the objects and purposes 
in that behalf hereinbefore specified; it being the intention 
of this instrument that the said parties of the first part shall 
be henceforth discharged from all liability or responsibility in 
respect of said estate, and every part thereof, except only for 
the due application of the said two reserved funds, the perform- 
ance of the special trusts under said will from this time forth, 



THE PARTITION AGREEMENT. 109 

and the accounting for the principal of said special trusts to the 
parties entitled thereto. 

In XDltneBS mljeteof, the parties of the first and third parts have 
hereunto set their hands and seals, and the party of the second 
part has caused these presents to be executed by its president, 
and its corporate seal to be hereto affixed the day and year first 
above written. 

John Bigelow, 

And'w. H. Green, 

Geo. W. Smith, 

Geo. H. Tilden, 

Saml. J. Tilden, 

Ruby T. Paine, 

Henrietta A. Swan, 

Caroline B. Whittlesey, 

Susan T. Sabin, 

The Tilden Trust, 
By John Bigelow, 
(corporate seal.) President. 

Attest: 

Alexander E. Orr, Secretary. 



Executors 


SEAL.) 


and 


^SEAL.) 


Trustees. 


SEAL.) 




SEAL. ) 




SEAL.) 




SEAL.) 




SEAL.) 


-Y, 


SEAL.) 




SEAL.) 



documents IRelatlna to ^be ConsoUbatlon, 



XXVIII. 
ACT PERMITTING CONSOLIDATION AS AMENDED, 



An Act to permit the consolidation of library com- 
panies in the city of New York. 

Passed 13 May, 1892. 

Laws of 1892, Chapter 541. 
Amended 2 April, 1895. 

Laws of 1895, Chapter 209. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows : 

Section 1. Any corporation or corporations heretofore or 
hereafter organized under any general or special law of this 
State as a library company, or for the purpose of carrying on 
any library in the city and county of New York may be consoli- 
dated with any other corporation or corporations, organized for 
the same or similar purposes, under any general or special law 
of this State, into a single corporation in the manner following: 
The respective boards of directors or trustees of the said cor- 
porations may enter into and make an agreement for the con- 
solidation of the said corporations, prescribing the terms and 
conditions thereof, the mode of carrying the same into effect, 
the name of the new corporation, the number of trustees thereof 
(not less than five nor more than twenty-one), and the names of 
the trustees who shall manage the concerns of the new corpora- 
tion for the first year, and until others shall be elected in their 
places. If either of the corporations so consolidated shall be a 

113 



114 THE CONSOLIDATION. 

Stock company, then the said agreement may either provide that 
the new corporation shall have no stock, or may prescribe the 
amount of capital of the new corporation, the number of shares 
of stock into which the same is to be divided (which capital shall 
not be larger in amount than the fair aggregate value of the 
property, franchises and rights of the several corporations thus 
to be consolidated), and the manner of distributing such capital 
among such consolidated corporations, or the holders of the 
stock of the same, with such other particulars as they may deem 
necessary. 

0ecti0tt 2. If any such corporation so consolidating shall 
have no members or stockholders, other than its directors or 
trustees, said agreement of its directors or trustees shall be 
deemed to be the agreement of such corporation. If any such 
corporation so consolidating shall have members or stockholders 
other than its directors or trustees, said agreement of its directors 
or trustees shall not be deemed to be the agreement of such cor- 
poration until the same shall have been ratified by a vote of at 
least two-thirds of the members or two-thirds in interest of the 
stockholders present and voting in person or by proxy at a meet- 
ing of the members or stockholders of such corporation to be 
called upon a notice of at least thirty days, specifying the time, 
place and object of such meeting, mailed postpaid to each mem- 
ber or stockholder whose place of residence is known to the sec- 
retary and published at least once in each week for four succes- 
sive weeks in a newspaper published in the city of New York. A 
sworn copy of the proceedings of any such meeting made by the 
secretary of the corporation holding the same and attached to 
said agreement shall be evidence of the holding and of the action 
of such meeting in the premises. If any stockholder or member 
shall, at said meeting of the stockholders or members, or within 
twenty days thereafter, object to the said consolidation and 
demand payment for his stock or interest in such corporation, 
such stockholder or member of said new corporation if consoli- 
dation take effect at any time thereafter, may apply at any time 
within sixty days after such meeting of the stockholders or mem- 
bers to the supreme court at any special term thereof, held in 
the City and County of New York, upon at least eight days 



ACT PERMITTING CONSOLIDATION. 115 

notice to the new corporation, for the appointment of three per- 
sons to appraise the value of his said stock or interest, and said 
court shall appoint three such appraisers and shall designate 
the time and place of the first meeting of such appraisers, and 
give such directions in regard to their proceedings on said 
appraisement as shall be deemed proper, and shall also direct 
the manner in which payment for such stock shall be made to 
such stockholder or member. The Court may fill any vacancies 
in the board pf appraisers occurring by refusal or neglect to 
serve or otherwise. The appraisers shall meet at the time and 
place designated, and they or any two of them, after being duly 
sworn honestly and faithfully to discharge their duties, shall 
estimate and certify the value of such stock or interest at the 
time of such dissent as aforesaid, and deliver one copy of their 
appraisal to the said new corporation, and another to the said 
stockholder or member if demanded ; the charges and expenses 
of the appraisers shall be paid by the new corporation. When 
the new corporation shall have paid the amount of the appraisal 
as directed by the court, such stockholder or member shall 
cease to have any interest in the said stock and in the corporate 
property of the said corporation, and the said stock or interest 
may be held or disposed of by the said new corporation. 

Section 3. Upon the making of the said agreement as here- 
inbefore provided, and the filing of duplicates or counterparts 
thereof in the office of the clerk of the city and county of New 
York, and in the office of the Secretary of State, and in the case 
of any corporations having members or stock-holders other than 
their directors or trustees, upon the ratification of said agree- 
ment in the manner above provided, and the filing with said 
agreement of a verified copy of the proceedings of the meetings 
of the members or stockholders required by the preceding sec- 
tion, then, and immediately thereafter, the said corporations 
whose boards of directors or trustees shall have united in said 
agreement shall be merged and consolidated into the new cor- 
poration provided for in the said agreement, to be known by the 
corporate name therein mentioned, and the details of such agree- 
ment shall be carried into effect as provided therein. 



116 THE CONSOLIDATION. 

Section 4. Upon the consolidation of the said corporations all 
and singular the rights, privileges, franchises and interests of 
any kind belonging to and enjoyed by the said several corpora- 
tions so consolidating, and every species of property, real, per- 
sonal and mixed, and things in action thereunto belonging, shall 
be transferred to and vested in and may be held and enjoyed 
by such new corporation, without any deed or transfer; and 
such new corporation shall hold and enjoy the same, and all 
rights of property, privileges, franchises and interests of either 
of the said several corporations in the same manner and to the 
same extent as the same were or might have been held and 
enjoyed by the several corporations so consolidating. Said new 
corporation shall have power to acquire, hold, possess, enjoy 
and dispose of all the property, real or personal, of said several 
corporations so consolidating, and all such additional donations, 
grants, devises or bequests, subject to all the provisions of law 
relating to devises or bequests by last will and testament, as 
may be made in further support of its library, collections and 
objects, or any of the same; and may make such investments 
as any of the corporations so consolidating might lawfully make, 
or as may be authorized by the terms of any such donation, 
grant, devise or bequest ; and any devise or bequest contained in 
any last will and testament made before or after such consolida- 
tion to or for the benefit of any of the corporations so consolidat- 
ing shall not fail by reason of such consolidation, but the same 
shall enure to the benefit of the said new corporation ; and the 
title to all real and personal estate, and all rights and privileges 
acquired and enjoyed by either of the said corporations so con- 
solidating shall not be deemed to revert or to be impaired by 
such act of consolidation, or anything relating thereto. 

0ettiott 5. The rights of the creditors of any corporation that 
shall be so consolidated shall not in any manner be impaired by 
any act of consolidation, nor shall any liability or obligation for 
the payment of any money now due or hereafter to become due 
to any person or persons, or any claim or demand in any man- 
ner, or for any cause existing against any such corporation, or 
against any stockholder thereof, be in any manner released or 
impaired, but such new corporation is declared to succeed to 



ACT PERMITTING CONSOLIDA TION. 117 

such obligation and liabilities and to be held liable to pay and 
discharge all such debts and liabilities of each of the corporations 
that shall be so consolidated in the same manner as if such new 
corporation had itself incurred the obligation or liability to pay 
such debt or damages ; and the stockholders of the respective 
corporations so entering into such consolidation shall continue 
subject to all the liabilities, claims or demands existing against 
them as such at or before such consolidation ; and no suit, action 
or any proceedings then pending before any court or tribunal in 
which any corporation that may be so consolidated is a party, 
or in which any such stockholder is a party, shall be deemed to 
have abated or been discontinued by reason of any such con- 
solidation, but the same maybe prosecuted to final judgment in 
the same manner as if the said corporations had not entered into 
the said agreement of consolidation, and the said new corpora- 
tion may be substituted as a party in the place of any corpora- 
tion so consolidated as aforesaid, and forming such new cor- 
poration, by order of the court in which such action, suit or 
proceeding may be pending. 

Section 6. The new Corporation organized under this act 
shall be permitted to maintain and carry on any form of library 
and to promote any of the objects authorized by the charter of 
either or any of the corporations which have been consolidated. 

Section 7. This act shall take effect immediately. 



XXIX. 
AGREEMENT OF CONSOLIDATION. 



An Agreement to consolidate The Trustees of the Astor 
Library, The Trustees of the Lenox Library, and The 
TiLDEN Trust, into The New York Public Library, Astor, 
Lenox and Tilden Foundations. 

Dated, 23 May, 1895. 

Filed and recorded in the offices of the 
Clerk of the City and County of New 
York and of the Secretary of State, 
24 May, 1895, 

8[l)i0 -S-greement made this twenty-third day of May, in the 
year one thousand eight hundred and ninety-five, by and between 
the respective Boards of Trustees of the corporations known as 
"The Trustees of the Astor Library," "The Trustees of 
THE Lenox Library," and "The Tilden Trust." 

* At the time this agreement was entered into the Boards of Trustees of the 
three constituent bodies were composed of the following members: 

The Trustees of the Astor Library were: The Mayor of the City of New York 
(ex-officio), Thomas M. Markoe, M. D. (President), Edward King (Treasurer), 
Henry Drisler, LL.D. (Secretary), John Cadwalader, Rt. Rev. Henry C. Potter, 
D.D. , Stephen Van Rensselaer Cruger, Robbins Little, Stephen H. Olin, Charles 
H. Russell, and Philip Schuyler. 

The Trustees of the Lenox Library were: John S. Kennedy (President), Alex- 
ander Maitland (Treasurer and Secretary), Daniel Huntington, Frederick Sturges, 
H. Van Rensselaer Kennedy, Stephen Baker, William S. Tod, Charles Scribner, 
John Sloane, William F. Havemeyer, George L. Rives, William Allen Butler, 
J. Henry Harper, Samuel P. Avery, and Nicholas Murray Butler. 

The Trustees of The Tilden Trust were: John Bigelow, Andrew H. Green, 
George W. Smith, Alexander E. Orr, and Lewis Cass Ledyard. 

118 



AGREEMENT OF CONSOLIDATION. 119 

tXJljerettS, The Trustees of the Astor Library are a corporation 
heretofore organized under an Act of the Legislature of the State 
of New York, entitled " An Act to incorporate The Trustees of 
the Astor Library," approved January i8th, 1849, and the 
several amendments thereto, for the purpose (among others) of 
erecting, maintaining and carrying on a public library in the 
City of New York ; and 

U)l)£r£as, The Trustees of the Lenox Library are a corpora- 
tion heretofore organized under an Act of the Legislature of the 
State of New York, entitled "An Act to incorporate the Trustees 
of the Lenox Library, " approved January 20th, 1870, and the 
several amendments thereto, for the purpose (among others) of 
erecting, maintaining and carrying on a public library in the City 
of New York; and 

toliereas. The Tilden Trust is a corporation heretofore organ- 
ized under an Act of the Legislature of the State of New York, 
entitled "An Act to incorporate The Tilden Trust for the 
establishment and maintenance of a free Library and Reading 
Room in the City of New York," approved March 26th, 1887; 
and 

totjercas, the said three corporations, being all organized as 
library companies or for the purpose of carrying on libraries in 
the City and County of New York, are desirous of consolidating 
with each other into a single corporation, pursuant to the pro- 
visions of Chapter 541 of the Laws of 1892, being an Act of the 
Legislature of the State of New York entitled "An Act to per- 
mit the consolidation of library Companies in the City of New 
York," approved May 13th, 1892, and the amendments thereto, 
and particularly as the same is amended by Chapter 209 of the 
Laws of 1895, being an Act of the Legislature of the State of 
New York entitled "An Act to amend Chapter 541 of the Laws 
of 1892 entitled ' An Act to permit the consolidation of library 
companies in the City of New York;' " and 

toljereae, neither of said three corporations is a stock com- 
pany, and neither of the same has members or stockholders 
other than its Directors or Trustees; 



120 THE CONSOLIDATION. 

NotD aijerefore, tl)io Agreement of ConBolibotion fiOitneeaetl) 

that the respective Boards of Trustees of the said " The 
Trustees of the Astor Library," "The Trustees of the Lenox 
Library," and " The Tilden Trust," have agreed, and do here- 
by agree, with each other and with each of the others as 
follows : 

iFirst. The said several corporations shall be consolidated and 
hereby are consolidated into a single corporation. 

Second. The terms and conditions of said consolidation are 
as follows : The said new corporation shall establish and main- 
tain a free public library and reading-room in the City of New 
York, with such branches as may be deemed advisable, and 
shall continue and promote the several objects and purposes set 
forth in the respective acts of incorporation of ' ' The Trustees 
of the Astor Library," " The Trustees of the Lenox Library," 
and "The Tilden Trust." 

®l)irb. The mode of carrying this agreement into effect is 
as follows : Immediately upon the execution of this agreement, 
duplicates or counterparts thereof shall be filed in the office of 
the Clerk of the City and County of New York and in the 
office of the Secretary of State. Thereafter, the first meeting of 
the Trustees of the new corporation shall be called by John L. 
Cadwalader, George L. Rives and Lewis Cass Ledyard, or any 
two of them, by giving a notice in person or by mail addressed 
to each Trustee at his place of residence, of the time and place 
of such meeting. The said Trustees, or a majority of them, 
being assembled, shall organize by the election of a President, 
one or more Vice-Presidents, a Treasurer and a Secretary, and 
of such other officers, if any, as shall be deemed necessary or 
proper; and the said Trustees, on behalf of the new corporation, 
shall thereupon receive, take over, and enter into possession, 
custody and management of the existing libraries of the said 
three several corporations and of all property, real or personal, 
owned by them or either of them of any description whatever. 
The several treasurers, superintendents, librarians or other per- 
sons having charge of any of the funds, books, works of art or 
other property, real or personal, of either of the said three cor- 



AGREEMENT OF CONSOLIDATION. 131 

porations, parties hereto, shall on demand deliver all property 
in their respective custody to the persons appointed by the 
Trustees of the newr corporation to receive the same. 

The Board of Trustees of the said three existing corporations 
shall take such action as may be necessary for the purpose of 
transferring to the new corporation the title to all real estate, 
securities, and all other property of whatever kind, standing in 
their several names, or owned by them, respectively, and for 
that purpose, and for the purpose of adjusting and closing the 
affairs of said corporations respectively and the accounts of the 
respective officers thereof, the Boards of Trustees of the said 
three corporations, parties hereto, may meet, notwithstanding 
the merger of said corporations in the new corporation hereby 
created, and carry out the purposes of this agreement. 

The Trustees of the said new corporation shall, as soon as 
may be, adopt suitable by-laws, which, among other things, 
shall provide for the manner of election of new Trustees after 
the expiration of the first year, their respective terms of office 
and the manner of filling vacancies in the Board ; shall fix and 
define the duties of the Trustees, the appointment of Committees 
and the powers and duties thereof; the number, grade, duties, 
terms of office and compensation of the several persons employed 
by the new corporation ; and shall provide proper regulations 
for the investment, safe keeping, management and expenditure 
of the funds of the corporation; and the said by-laws shall, 
moreover, provide for the general custody, care, conduct and 
management of the affairs and property of said new corpora- 
tion, and a method by which the said by-laws may be altered, 
amended or repealed. The said new corporation shall by its 
by-laws or otherwise make appropriate provisions with reference 
to the limitations, conditions or restrictions under which any of 
the funds or property of the said several corporations are now 
held or are to be used or enjoyed by the said several corpora- 
tions, or any of them, in order that the same may be fully kept 
and observed. 

i?0ttrtl). The name of the new corporation is " The New York 
Public Library, Astor, Lenox and Tilden Foundations." 



133 THE CONSOLIDATION. 

iPiftl). The number of Trustees of the new corporation shall 
be twenty-one. 

SiXtl). The names of the Trustees who shall manage the con- 
cerns of the new corporation for the first year, and until others 
shall be elected in their places, are: 

Thomas M. Markoe, Henry Drisler, John L. Cadwalader, 
Henry C. Potter, S. Van Rensselaer Cruger, Stephen H. Olin, 
Edward King, Daniel Huntington, Frederick Sturges, Alexan- 
der Maitland, John S. Kennedy, H. Van Rensselaer Kennedy, 
William Allen Butler, George L. Rives, John Bigelow, Andrew 
H. Green, George W. Smith, Alexander E. Orr, Lewis Cass 
Ledyard, Samuel P. Avery and Philip Schuyler. 

Jfn toitncBS toliercof, The several Boards of Trustees of the 
three corporations, parties hereto, have caused the corporate 
seals of the three several corporations to be affixed to these pres- 
ents, in triplicate, and these presents to be attested by their 
respective Presidents and Secretaries, thereunto duly authorized, 
on the day and year first above written. 

The Trustees of the Astor Library, 
(corporate seal.) By T. M. Markoe, President. 

Attest : 

Henry Drisler, Secretary. 

The Trustees or the Lenox Library, 
(corporate seal.) By John S. Kennedy, President. 

Attest: 

Alexander Maitland, Secretary. 

The Tilden Trust, 
(corporate seal.) a. E. Orr, Vice-Prest. 

Attest: 

L. V. Randolph, Secretary. 



Ipatt Seconb* 



Documents IRelating to tbe Xlbrar^ BuilMna 
in Bryant pari;. 



XXX. 

ADDRESS TO THE MAYOR, ALDERMEN AND 

COMMONALTY OF THE CITY OF 

NEW YORK. 



Presented by the Board of Trustees to the Hon. 
William L. Strong, Mayor, at the City Hall, 
March 25, 1896. 

Slic Nero ^ork JJablic Cibrarg, formed by the consolidation 
of the Astor and Lenox Libraries, and the Tilden Trust, having 
perfected its legal organization, the Trustees must now decide 
as to the scope of the work to be undertaken by the consolidated 
body, and as to the site and character of its building. 

The charters of the individual corporations and the trusts 
assumed towards the founders of the libraries and other benefac- 
tors, render it necessary in any event that the Astor and Lenox 
collections shall always remain in the library for use by readers 
there, and shall not be lent out or allowed to be taken by indi- 
viduals from the building. This necessarily involves the erec- 
tion of a building adequate for convenient access by the public, 
and with sufficient accommodation for the large additions which 
are necessary to make these collections such a library of refer- 
ence as is required in this City. 

While the present collections are of great value as a founda- 
tion, they are, nevertheless, small and incomplete in compari- 
son with the great libraries of other countries, and the present 
buildings are in many respects unsuitable and wholly inade- 
quate to the future needs of the Corporation. 

The annual income of the Corporation at the present time is 
about $160,000. This amount will eventually be somewhat in- 
creased by the sale of property now unproductive, including one 

135 



126 LIBRAR V BUILDING IN BR YANT PARK. 

or both of the present library buildings. On the other hand, the 
income will be reduced, if the Corporation is compelled, from 
its own funds, to erect a suitable building. 

The expenses of such a reference library as must be main- 
tained will be necessarily very large. In order to complete and 
maintain the present collections, an outlay of not less than |so,ooo 
a year is necessary. In addition, large sums must be expended, 
as opportunity offers, to fill up the numerous existing gaps. 
The Astor and Lenox Libraries are now kept open during the 
hours of daylight only; but the cost of maintenance and admin- 
istration, including repairs, heating, lighting, cleaning, cata- 
loguing, &c. , will amount to $75,000 a year — and this cost will 
increase with the increase of the collections. If the libraries 
are to be kept open during the evening, there will be a further 
increase in the cost of administration. 

The Trustees are, therefore, satisfied that although the con- 
solidated Corporation will probably have means sufficient to 
enable it to maintain a free reference library with ample reading 
rooms and accommodation for students; nevertheless, if the 
Corporation shall provide its own site, whether from land now 
owned or to be acquired, and erect thereon a building suited to 
the future needs of such a library alone, its income will be insuf- 
ficient to do more than to maintain the same in full efficiency. 

To accomplish this result will, indeed, be no small achieve- 
ment, because in considering the subject, no one can fail to be 
impressed with the meagre and unsatisfactory provisions exist- 
ing in the City of New York, either for scholars and students in 
a reference library, or for home reading through a library of 
circulation. 

The following table shows the number of books in the princi- 
pal Libraries of the World : 

Library. City. Volumes. 

Bibliotheque Nationale Paris 2, 700,000 

British Museum London 1,750,000 

Imperial Library St. Petersburg. 1,100,000 

Royal Library Munich 950,000 

Royal Public Berlin 850,000 

Strasburg University Strasburg 700,000 

Library of Congress Washington 680,000 



ADDRESS TO THE MA YOR. 



137 



Library. 



City. 



Volumes. 



Public Library Boston 

Imperial Library Vienna 

Bodleian Library Oxford 

Leipsic University Leipsic 

Royal Library Copenhagen 

Stuttgard University Stuttgard 

Buda-Pestli Library Buda-Pesth 

Cambridge University Cambridge, England. 

Biblioteca Nacional Madrid 

Gettingen University Gottingen 

National Central Florence 

Vienna University Vienna 

St. Mark's National Venice 

Public Library Hamburg 

Royal Library Brussels 

Royal Library Dresden 

National Library The Hague 

Heidelberg University Heidelberg 

Harvard University Cambridge, Mass. . . . 

Chicago University Chicago 

New York Public Library New York 



600 

570, 
530. 
504, 
500, 
500, 
463. 
450, 
450, 
450, 

437; 

418; 
415, 
410, 
405 ; 
400, 
400, 
400, 
400. 
380. 
350, 



000 
000 
000 
000 
1,000 
1,000 
000 
000 
,000 
,000 
,000 
,000 
,000 
000 
,000 
000 
000 
,000 
000 
000 
000 



In other countries, and in other portions of our own country, 
it has been considered an essential duty of the State to provide 
adequate support for a great Public Library. In our City no 
real obligation in that respect has been assumed on the part of 
the public authorities ; and the entire subject has been practi- 
cally left to private enterprise or private benefaction. While 
millions have been spent upon Parks, Armories and Public Im- 
provements, public contributions to libraries have been insig- 
nificant. But private benefactions, however generous, cannot 
be expected to supply, unaided, the means that are essential to 
the establishment and maintenance of a library of the first rank. 
Thus the Parliamentary appropriations for the current year for 
the British Museum amount to ^^157, 784, or about $750,000; to 
which must be added the income from six funded bequests, and 
the value of all the books, pictures, charts and other publica- 
tions of the British press, which it receives without cost under 
the operation of the copyright laws. 

The following table exhibits the amount expended by the 
public authorities of the City of New York for library work, as 



138 



LIBRARY BUILDING IN BRYANT PARK. 



compared with the expenditures of some other cities in this 
country: 



CITY. 


POPULATION IN 

1890. 


PUBLIC LIBRARY 
INCOME. 


INCOME PER 

1,000 

OF POPULATION. 


Springfield, Mass 

Boston, Mass.* 

Peoria, 111 

Minneapolis, Minn 

Worcester, Mass 


44,179 
448,477 

41,024 

164,738 
84,655 

53,220 

181,830 

77,696 

81,434 

140,452 

132,146 

205,876 

296,908 

298,997 

204,468 

1,099,850 

451,770 

434,439 
261,353 

1,515,301 


$25,000 
170,000 

15,000 
55,000 
28,360 
15,000 
41,000 

14,639 
15,000 
24,000 
22,000 
34,000 
41,000 
40,000 
25,000 
125,000 
54,000 
50,000 
28,000 

40,000 


I565.88 
379-06 
365-63 

333-86 
335-00 
281.84 
225.48 
188.41 
184.19 
170.87 
166.48 
165.14 
138.08 
133-78 
122.21 
113.65 
119.53 
115-09 
107.13 

26.39 




Lowell Mass 


Toledo, O 


Omaha, Neb 


Providence, R. I 

Detroit, Mich 


Cincinnati, 


San Francisco, Cal 

Milwaukee, Wis 

Chicago, 111. f 


St. Louis, Mo 

Baltimore, Md 


New York 





Past experience seems to have demonstrated that no reference 
library — no matter how complete or how freely thrown open to 
the public — can really and thoroughly either interest the public 
or provide for its wants. To accomplish this result an adequate 
and satisfactory Free Public Library System must aim at the 
circulation of books for home reading, both for cultivation and 
recreation, in addition to supplying the needs of scholars. In 
no other way can the benefits of education and training of the 
public school system be preserved and made effective. 

Moreover, the providing of a single library from which the 
public may draw books is not sufficient in a large city, and the 
system is only successful where its benefits are brought by means 
of many stations within reasonable reach of all. In other words, 

* Land and building provided by City. Cost of building about $2,361,000. 
t Land and building provided by City. Cost of building about $1,325,800. 



ADDRESS TO THE MA YOR. 129 

what is necessary for real public interest and lasting public ben- 
efit, is a great central library of reference and exhibit, and in 
addition, the public must be provided with the means of pro- 
curing books for home reading within some reasonable distance 
of their residences. 

The beginning of a movement for free circulation of books has 
been made by the New York Free Circulating Library, and on a 
smaller scale by other associations; but their means and facili- 
ties are entirely inadequate to the demands and needs of the 
public. The Trustees are satisfied that that organization will 
gladly co-operate in the establishment of a satisfactory Public 
Library System. 

As early as 1847 the State of Massachusetts authorized a tax 
to establish a free library in Boston, and in 185 1 such law was 
made general throughout the State of Massachusetts. As the 
result of this legislation, over two hundred towns in that State 
now have public libraries, containing an aggregate considerably 
in excess of two million volumes. Many other States have nearly 
kept up to the Massachusetts standard, and in New Hampshire 
it was proposed, in 1893, for the first time to make it obligatory 
on towns to have and maintain public libraries in the same man- 
ner in which public schools are maintained. An act to this effect 
was passed in 1895. 

The promoters of this legislation proceeded on the theory that 
it was unpardonable to make large yearly expenditures for com- 
mon schools, and then deny to the public the means of further 
education. Indeed, a popular public library, bringing sound 
literature within the reach of every man's home, is in a very real 
sense a part of the educational system of the State. Education 
ought not to stop with the public school, nor even with the high 
school. It is necessary also to provide the higher school which 
a well-equipped popular library can alone afford. Moreover the 
State has a profound interest in aiding the circulation of ideas 
that are not ephemeral. The best influence of a popular press 
must largely depend upon its having within reach a complete 
storehouse of scientific, economic and historical facts, with which 
to correct the crudeness of hasty judgments of great social and 
national movements. 



130 LIBRARY BUILDING IN BR YANT PARK. 

The State of New York, although under early laws some pro- 
vision was made for district school libraries, was one of the most 
backward of all the States of the Union, having until very lately 
no free library law; but public libraries are now a part of the 
educational system of the State, and good results should be ex- 
pected from the present law in the smaller towns and cities. 
Nevertheless no Public Library System has been adopted for the 
City of New York, and the modest contributions made by it to 
the general object of libraries, bear a sad comparison with the 
amounts contributed for other laudable objects. 

It is plain that the City of New York should have a broad and 
comprehensive Library System, adequate to furnish recreation 
and instruction to all. It is equally plain that while the means 
at the command of this Corporation are entirely inadequate to 
undertake the whole work, nevertheless its existing organization 
and the resources at its command offer to the public an oppor- 
tunity to secure at a minimum cost such a Public Library System 
as shall be in keeping with the importance, dignity and magni- 
tude of the City. If the present opportunity be lost, long delay 
will ensue in establishing any such system ; the expense must be 
enormously increased ; and as this Corporation will have entered 
on its work, within the limits possible to it with its present re- 
sources, a new library will, to a considerable extent, again create 
the very evils from which the several organizations, by their 
consolidation, have sought to escape. 

In this condition of affairs, the Trustees of The New York 
Public Library have deemed it their duty to make a frank pre- 
sentation of these facts, and to tender to the public their aid 
and all the resources at their command toward the foundation 
of a Great Public Library, able to supply the needs of all classes, 
and which shall do honor to the City. 

If the City of New York will furnish a proper site, and pro- 
vide the means to erect thereon a suitable building for the pur- 
poses of the New York Public Library, excluding for the present 
the requirements of branch libraries or delivery stations other 
than those now controlled by the Free Circulating Library, then 
the New York Public Library can, through the sale of its pres- 
ent sites, obtain such an addition to its funds as will justify it 



ADDRESS TO THE MA YOR. 131 

in providing for the circulation of books from its main building. 
If further funds can be supplied from private benefaction or 
otherwise, sufficient to establish and maintain an adequate num- 
ber of branches for circulation, it is certain that the City of New 
York can and will have a free Public Library on the broadest 
and most comprehensive plan. 

It must be borne in mind that in suggesting that the City 
should thus do something towards securing the amplest results 
from the endowments which we owe to the munificence and wise 
forethought of three successive generations of the Astor family, 
of James and Henrietta Lenox, and of Samuel J. Tilden, the 
Trustees are asking no favors for themselves or the Corporation 
they represent. They are seeking only to supply the best ser- 
vice possible for all the people of the City. Every dollar 
diverted into buildings will simply diminish the means that 
would otherwise be available for the supply and distribution of 
books. Nor will any aid that the City may give prove an unpro- 
ductive outlay. On the contrary, it is believed to be suscepti- 
ble of demonstration that the erection by the City of such a 
building as this Corporation requires, in a fitting locality, will 
add to the City's revenue ; for it will largely increase the tax- 
able value of all neighboring property. 

Should the suggestions of the Trustees be favorably received, 
no site within the control of the City could accomplish the ends 
in view as well as that of the Reservoir upon Fifth Avenue, be- 
tween Fortieth and Forty-second Streets. 

The site is an ideal one for such a building. It is to-day the 
most central and easily accessible spot on the Island, and will 
be rendered even more so by new means of communication. 
Within a single block are two lines of surface cars and two ele- 
vated railroads, running north and south. The Forty-second 
Street surface road intersects all the chief thoroughfares that 
connect the upper with the lower part of the City. Less than 
three hundred yards away is the common terminus of the three 
principal railroads running into the City. And not only does 
this site command these incomparable advantages at the pres- 
ent time, but it is impossible to foresee a time when it cannot 



132 LIBRARY BUILDING IN BRYANT PARK. 

retain a like superiority. At no point further north can any 
similar convergence of public modes of travel ever be antici- 
pated. 

On this site it will be possible to erect a library building, dig- 
nified, ample in size, visible from all sides, with uninterrupted 
light, free from all danger of fire, in no respect encroaching 
upon the existing Bryant Park, and which will be an ornament 
to the City. The Park area would indeed be increased by sub- 
stituting a library building for the Reservoir. The Reservoir 
measures 455 feet by 420. A library building 350 feet by 300 
would offer all the accommodations which the most sanguine 
would probably think it wise at present to provide; and even 
this would leave a margin of more than 100 feet on the avenue 
and more than 50 feet on each side street, to be laid out with 
grass and shrubbery. The City would then have no quarter 
more inviting. The library would in effect bring the Park to 
Fifth Avenue ; while reciprocally the Park would add enor- 
mously to the attractiveness, security and usefulness of the 
library. 

In order to afford the City and the public the opportunity o( 
determining whether they will now have such a great, well- 
equipped, and really popular library, for the benefit of all the 
people — the Board of Trustees of The New York Public Library 
hereby respectfully apply to the City authorities for their 
approval of such legislation as will enable the City to grant to 
this Corporation, by some permanent tenure, a proper site for its 
Library Building and such funds as may be necessary to enable 
this Corporation to construct and equip its building thereon; 
and that the site of the present reservoir on Fifth Avenue, be- 
tween Fortieth and Forty-second Streets, be granted for that 
purpose, if compatible with the public interest. 

When we consider the extent to which an institution of the 
character proposed may fairly be expected to strengthen the 
police, diminish crime, raise public standards of morality, 
attract to our city men from every department of industry and 
every walk of life, add to the operative power of our people, 
and extend the influence of our Commonwealth, it can hardly 



ADDRESS TO THE MA YOR. 133 

be regarded otherwise than a privilege for the City to share in 
the work. 

The New York Public Library, 
AsTOR, Lenox and Tilden Foundations. 

John Bigelow, 

President. 

George L. Rives, 

Secretary. 



XXXI. 

ACT AUTHORIZING THE USE OF THE LAND OCCU- 
PIED BY THE RESERVOIR ON FIFTH AVENUE 
AND FORTIETH AND FORTY-SECOND STREETS, 
WITH ADJACENT LAND, AS A PUBLIC PARK.* 



An Act to amend chapter four hundred and ten of the 
laws of eighteen hundred and eighty-two, entitled 
" An Act to consolidate into one act and to declare 
the special and local laws affecting public interests 
in the city of New York", relative to the addition 
to Bryant park of the lands on Fifth Avenue, be- 
tween Fortieth and Forty-second streets in said 
city, now occupied by the reservoir, and authoriz- 
ing the removal of said reservoir 

Passed 2 May, 1893. 

Laws 1893, Chapter 539. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows ; 

Section 1. Chapter four hundred and ten of the laws of 
eighteen hundred and eighty-two entitled "An act to consoli- 
date into one act and to declare the special and local acts affect- 

* The Consolidation Act (Laws of 1882, Chapter 410) contained the following 
section, which was repealed by Chapter 415 of the Laws of 1883; 

"§ 685. The land at present occupied by the reservoir on Fifth avenue, be- 
tween Fortieth and Forty-second streets, together with the adjacent land lying 
west thereof, known as Reservoir square, shall be converted into a public park, 
which shall be laid out by, and be under the control and management of the park 
commissioners, and kept and maintained by them asfene of the public parks and 
places in the city of New York. It shall not be used for military parades, drills, 
inspections, or reviews of any kind, but only for a public park or square." 

134 



ACT OF iSgs. 135 

ing public interests in the city of New York ", is hereby amended 
by inserting therein a section, which shall be known as section 
six hundred and eighty-five, to read as follows : 

Settion BSS. Whenever the board of aldermen of said 
city, shall, by resolution or ordinance, so provide,* the land 
at present occupied by the reservoir on Fifth avenue and 
Fortieth and Forty-second streets, together with the ad- 
jacent land lying west thereof, known as Bryant park, shall 
constitute a public park under said name, which shall be 
under the control and management of the department of 
public parks in said city, and kept and maintained by said 
department as one of the public parks and places in the 
city of New York. It shall not be used for military parades, 
drills, inspections or reviews of any kind. Whenever the 
board of estimate and apportionment in said city shall 
determine and declare that the public interests will be pro- 
moted by the removal of said reservoir from said park, the 
department of public works is hereby authorized to remove 
the same and to make such connections and readjustment 
of the water pipes for the distribution of the water supply 
as may be necessary or desirable by reason of such removal. 
It shall be the duty of the comptroller to issue and sell the 
revenue bonds of said city to an amount necessary to pro- 
vide for the expenses of such removal and other work 
hereby authorized. The board of estimate and apportion- 
ment of said city shall provide for the redemption of said 
bonds in the final estimate of the amounts required to pay 
the expenses of conducting the public business in said city 
for the next ensuing financial year. 

Bcction 2. This act shall take effect immediately. 

* See Resolution of the Board of Aldermen, infra, page 138. 



XXXII. 

PROVISION OF THE GREATER NEW YORK CHARTER, 
AUTHORIZING AND DIRECTING THE COMMIS- 
SIONER OF PARKS TO MAKE A CONTRACT 
WITH THE NEW YORK PUBLIC LIBRARY, ASTOR, 
LENOX AND TILDEN FOUNDATIONS, FOR THE 
USE AND OCCUPATION OF THE LAND OCCUPIED 
BY THE RESERVOIR AT FIFTH AVENUE AND 
FORTIETH AND FORTY-SECOND STREETS, FOR 
THE ESTABLISHMENT AND MAINTENANCE OF 
A FREE PUBLIC LIBRARY AND READING ROOM.* 



CHAPTER XII. 
Department of Parks. 
Title I. 
The Parks. 



§ 623. Whenever, pursuant to lawful authority, the land at 
present occupied by the reservoir at Fifth avenue and Fortieth 



* Chapter 516 of the Laws of 1893 amended Section 696 of the Consolidation 
Act (Laws of 1882, Chapter 410), which related to the occupation by the American 
Museum of Natural History of buildings in Manhattan Square, by the addition of 
the following provision: 

" The department of public parks is hereby authorized, in their discretion, to 
make and enter into a contract with the Tilden trust, a corporation duly organ- 
ized under the laws of this state, for the use and occupation by such corporation 
of any building that may be hereafter erected in pursuance of law upon lands 
belonging to the mayor, aldermen and commonalty of the city of New York, 
between Fortieth and Forty-second streets and Fifth and Sixth avenues in said 
city and establishing and maintaining therein a free library and reading room and 
carrying out the objects and purposes of said corporation." 

This provision was amended (Laws of 1896, Chapter 714) by the substitution 
therefor of a provision substantially identical with the above-quoted Section 623 
of the Greater New York Charter (Laws of 1897, Chapter 378, as amended Laws 
of 1901, Chapter 466). 

136 



SECTION 623 OF GREATER NEW YORK CHARTER. 137 

and Forty-second streets shall be made a public park, and the 
removal of said reservoir shall have been duly authorized and 
directed, the commissioner for the boroughs of Manhattan and 
Richmond is hereby authorized and directed to make and enter 
into a contract with the New York public library, Astor, Lenox 
and Tilden foundations, a corporation duly organized under the 
laws of this state, for the use and occupation of said land, or of 
any part thereof, by the said corporation and its successors, for 
establishing and maintaining thereon a free public library and 
reading room, and for carrying out the objects and purposes of 
said corporation in accordance with the provisions of the agree- 
ment of consolidation between the trustees of the Astor library, 
of the Lenox library and of the Tilden trust, and the several 
acts incorporating the said several corporations ; and said con- 
tract may provide that such use and occupation shall continue 
so long as the said the New York public library, Astor, Lenox 
and Tilden foundations, or its successors, shall maintain such 
free public library and reading room upon said land. 



XXXIII. 

RESOLUTION OF THE BOARD OF ALDERMEN PRO- 
VIDING THAT THE LAND OCCUPIED BY THE 
RESERVOIR ON FIFTH AVENUE AND FORTIETH 
AND FORTY-SECOND STREETS, WITH ADJACENT 
LAND, SHALL CONSTITUTE A PUBLIC PARK. 



Adopted by the Board, 22 December, i8g6. 
Approved by the Mayor, 26 December, 1896. 



Besolfleb, That, in pursuance of the authority conferred 
upon this Board by section 685 of chapter 410 of the Laws of 
1882, entitled "An act to consolidate into one act and to declare 
the special and local acts affecting public interests in the City 
of New York " and other provisions of law, that the Board does 
hereby provide that the land at present occupied by the reservoir 
on Fifth avenue and Fortieth and Forty-second streets, together 
with the adjacent land lying west thereof, known as Bryant 
Park, shall constitute a public park under said name, as pro- 
vided in said section; provided, however, and upon the express 
condition that in any resolution to be adopted by the Board of 
Estimate and Apportionment or other authority for the removal 
of the reservoir now upon the land so constituted a public park, 
it shall be provided that no such removal shall be made until 
that portion of mains for an additional supply of water author- 
ized by chapter 669 of the Laws of 1896 shall have been laid 
and made ready for use as far south as Thirty-eighth street. 

138 



XXXIV. 



RESOLUTIONS OF THE BOARD OF ESTIMATE AND 
APPORTIONMENT PROVIDING FOR THE RE- 
MOVAL OF THE RESERVOIR ON FIFTH 
AVENUE AND FORTY-SECOND 
STREET. 



Adopted by the Board, ii February, 1897. 

Meeoloeb, That in pursuance of the authority conferred upon 
this Board by Chapter 539 of the Laws of 1893, entitled "An 
Act to amend Chapter 410 of the Laws of 1882, entitled 'An 
Act to consolidate into one act and to declare the special and 
local laws affecting public interests in the City of New York,' 
relative to the addition to Bryant Park of the lands on Fifth 
Avenue between Fortieth and Forty-second Streets in said City 
now occupied by the reservoir, and authorizing the removal of 
said reservoir," this Board does hereby determine and declare 
that the public interests will be promoted by the removal of the 
reservoir now occupying a portion of Bryant Park; 

liesaltieb. That the work of removal be begun as soon as 
that portion of the mains for an additional supply of water 
authorized by Chapter 669 of the Laws of 1896 shall have been 
laid and made ready for use as far south as Thirty-eighth 
Street; and that the Commissioner of Public Works be and he 
is hereby authorized and directed as soon as practicable to 
make such connections and readjustment of the water pipes for 
the distribution of the water supply as may be necessary or 
desirable by reason of such removal. 

139 



XXXV. 

ACT PROVIDING FOR THE CONSTRUCTION BY THE 

CITY OF NEW YORK OF A PUBLIC LIBRARY 

BUILDING IN BRYANT PARK. 



An Act to provide for the construction of a public 
building in Bryant park in the city of New York, 
to be occupied by the New York public library, 
Astor, Lenox and Tilden foundations.* 

Passed 19 May, 1897. 

Laws of 1897, Chapter 556. 
Amended 23 April, 1900. 

Laws of igoo. Chapter 627. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows : 

Section 1. The land now occupied by the reservoir upon 
Fifth avenue, between Fortieth and Forty-second streets, in 
the city of New York, having been made, pursuant to lawful 
authority, a portion of a public park, known as Bryant park, 
the department of public parks in the city of New York is hereby 
authorized to remove the reservoir, now occupying a portion of 
such Bryant park, and to erect, construct, maintain, equip and 
furnish in said Bryant park, or in or upon any portion thereof, 
a suitable and appropriate fire-proof building, in accordance 
with plans to be made and prepared by the trustees of the New 
York public library, Astor, Lenox and Tilden foundations, 
and to be approved by the board of estimate and apportion- 

* Amendments of 1900 are printed in italics. 
140 



ACT OF iSgr. 141 

ment in the city of New York; such building to be used and 
occupied as a public library and reading room by the said the 
New York public library, Astor, Lenox and Tilden founda- 
tions, a consolidated corporation organized and existing under 
the laws of the state of New York, and for the purpose of 
carrying out the objects and purposes of said corporation, in 
accordance with the agreement of consolidation whereby said 
corporations was constituted, and the several acts incorporating 
the trustees of the Astor library, the trustees of the Lenox 
library and the Tilden trust. 

Settiou 2. The said department of public parks shall prepare 
and submit to the board of estimate and apportionment forms 
of contracts, specifications and bonds for the faithful perform- 
ance of the work and the furnishing of materials required, from 
time to time, to be approved by the corporation counsel of the 
city of New York as to form. When such contracts and specifi- 
cations, and the form of bond, shall have been approved by the 
board of estimate and apportionment, the commissioners of 
public parks shall advertise for sealed bids or proposals for 
doing the work and furnishing the materials, as called for by 
the contract; which advertisement shall be published in the 
City Record and in two daily newspapers to be designated by 
the said commissioners at least fifteen days consecutively before 
the time fixed for the closing of the bids. 

All bids or proposals shall be enclosed in sealed envelopes 
addressed to the said commissioners of public parks, and shall 
be accompanied by a deposit of such amount, if any, as said 
commissioners shall decide. The contracts may be several, and 
cover such portion or portions of the work respectively as the 
said board of estimate and apportionment shall decide. The 
bids shall be opened by said commissioners, and shall be sub- 
mitted to the board of estimate and apportionment. Said board 
may select such bid or bids, proposal or proposals, the accept- 
ance of which will, in their judgment, best secure the efficient 
performance of the work, or they may reject any or all of said 
bids and direct a readvertisement, as herein above provided. 

The said department of parks, is hereby authorized to use and 



142 LIBRA R Y BUILDING IN BRYANT PARK. 

employ in and about such erection and construction the materials 
composing said reservoir or any part thereof, or wholly to re- 
move the same, or to sell and dispose of the same, or any part 
thereof, provided, however, that the actual removal of such 
reservoir shall not be made until that portion of the mains for 
an additional supply of water, authorized by chapter 669 of the 
Laws of 1896, shall have been laid and made ready for use, as 
far south as Thirty-eighth street, and until the department of 
public works of said city of New York, shall have made such 
connections and readjustments of the water pipes for distribu- 
tion of the water supply as may be necessary ; and shall certify 
to the board of estimate and apportionment that such connec- 
tions and readjustments have been made. 

Section 3. The said board of estimate and apportionment in 
said city is further authorized, at any time after the passage of 
this act, to enter into a contract with the said the New York 
public library, Astor, Lenox and Tilden foundations, for the 
use and occupation by such corporation and its successors of 
the building so to be erected, constructed, equipped and fur- 
nished for the purpose of maintaining therein a public library 
and reading-room and carrying on the objects and purposes of 
the said corporation as provided by the said agreement of con- 
solidation and the several acts incorporating the said several 
corporations respectively, and any amendments to be hereafter 
authorized to the same, which contract shall provide for such 
use and occupation so long as the said the New York public 
library, Astor, Lenox and Tilden foundations shall maintain 
such public library and reading-room therein and shall use said 
building so to be erected for the purpose thereof. The said 
contract shall provide for the establishment and maintenance 
of a free circulating branch in said library and that the same 
shall be open^or the use of the public^during the day time on 
Sunday and during the evening of each other day of the week 
for such *«MfH»- as may be prescribed by the proper authorities 
in control of said library when the same is opened, the hour 
for the closing of said branch of the library on each evening 
to be not earlier than ten o'clock. 



ACT OF iSgj. 143 

Bettion 4. For the purpose of providing means for carrying 
into effect the provisions of this act, including the cost of the 
removal of the reservoir and the erection, construction, equip- 
ment and furnishing of the building hereinbefore authorized, 
and the grading and terracing of the land about said building, and the 
construction of suitable sidewalks, terraces, steps and other approaches, 
it shall be the duty of the comptroller of the city of New York, 
upon being thereunto authorized by the board of estimate and 
apportionment, to issue and sell consolidated stock of said city 
in such amounts as said board shall from time to time in its discretion 
determine to be needed, and at such a rate of interest as may be 
fixed by said comptroller, not exceeding four per centum per 
annum. Said stock shall provide for the payment of the princi- 
pal and interest in gold coin of the United States of America, 
and shall be free from taxation and shall be redeemable within 
a period of time not exceeding forty-five years from the date of 
their issue. It shall not be sold for less than the par value 
thereof. The proceeds of the same shall be paid out and ex- 
pended for the purposes for which the same are issued upon 
vouchers certified by the department of public parks. The 
aggregate amount of said stock, to be issued under the provisions 
of this act, shall be fixed by the board of estimate and apportionment 
in its discretion. * 

Section 5. All acts and parts of acts inconsistent with the 
provisions of this act are hereby repealed. 

Sertion S. This act shall take effect immediately. 

* The act of 1897 provided as follows : 

" The aggregate amount of said stoclc, to be issued under provision of this act, 
shall not exceed two millions, five hundred thousand dollars." 



XXXVI. 

RESOLUTIONS OF THE BOARD OF ESTIMATE AND 

APPORTIONMENT OF THE CITY OF NEW YORK 

RELATIVE TO THE LIBRARY BUILDING TO 

BE CONSTRUCTED IN BRYANT PARK. 



Adopted i Becember, 1897. 

tOljerettS, by Chapter 556 of the Laws of 1897, entitled "An 
Act to provide for the construction of a public building in 
Bryant Park, in the City of New York, to be occupied by The 
New York Public Library, Astor, Lenox and Tilden Founda- 
tions," it was provided that the Department of Public Parks in 
the City of New York was authorized to remove the reservoir 
1 now occupying a portion of Bryant Park, and to erect, con- 
struct, maintain, equip and furnish in said Bryant Park^jjrjti or 
upon any portion thereof, a suitable and appropriate fire-proof 
building, in accordance with plans to be made and prepared by 
the Trustees of the New York Public Library, Astor, Lenox and 
Tilden Foundations, and to be approved by this Board; and, 

toljereao, by Section 3 of the said Act this Board was further 
authorized at any time after the passage of said Act to enter 
into a contract with the said The New York Public Library, 
Astor, Lenox and Tilden Foundations, for the use by such cor- 
poration and its successors of the building so to be erected, 
constructed, equipped and furnished for the purpose of maintain- 
ing therein a public library and reading room and of carrying 
on the objects and purposes of the said corporation; and 

toljereOB, The New York Public Library, Astor, Lenox and 
Tilden Foundations, has caused plans to be made and prepared 
by Messrs. Carrfere & Hastings, architects, which said plans 
provide for a building to be erected of marble, or other light- 

144 



RESOLUTIONS OF THE BOARD OF ESTIMATE. 145 

colored stone, in said Bryant Park, facing Fifth avenue, at a dis- 
tance of about 75 feet therefrom, such building being about 350 
feet in width, front and rear, and about 250 feet in depth; and 

tDI)£«as, the said The New York Public Library, Astor, 
Lenox and Tilden Foundations, has submitted a proposed 
contract. 

Now, Sljcrefore, be it tesobcb : 

iFirst. — That this Board of Estimate and Apportionment 
do now approve the plans made and prepared by the Trustees 
of the New York Public Library, Astor, Lenox and Tilden 
Foundations, being the plans now exhibited and marked "The 
New York Public Library, Astor, Lenox and Tilden Foun- 
dations, plan for library building, drawing No. ," the 
said drawings being numbered from one to ten, both inclusive. 

Seronb. — That the Department of Public Parks be and it is 
hereby authorized and requested at the time and in the manner 
provided in Chapter 556, Laws of 1897, to remove the reservoir 
now occupying a portion of Bryant Park, in the City of New 
York, and to erect, construct, maintain, equip and furnish in 
said Bryant Park a suitable and appropriate fireproof building 
in accordance with the plans this day approved by this Board, 
such buildings to be used and occupied as a public library and 
reading room by the said The New York Public Library, Astor, 
Lenox and Tilden Foundations, and to be constructed either of 
marble or Indiana limestone, or of such other stone as may 
hereafter be suggested by the architects and approved by the 
Trustees of The New York Public Library, Astor, Lenox and 
Tilden Foundations, and by the Board of Estimate and Appor- 
tionment. 

S^ljirb. — That the Department of Public Parks be authorized 
and requested to employ Messrs. Carrere & Hastings, the 
authors of the said plans for the new library building, as 
architects, to prepare the detailed drawings, forms of contract 
and specifications for said building, pursuant to Section 2 of 
said Act, and to superintend the erection of said building; 
said employment of such architects to be in accordance with 



146 LIBRAR Y B UILDING IN BR YA NT PA RK. 

a contract to be prepared by the Counsel to the Corporation, 
which contract shall contain a provision fixing the compensa- 
tion to be paid to the said architects at the customary fees, 
as declared by the American Institute of Architects. 

iFonrtl). — That the contract presented by the said The New 
York Public Library, Aster, Lenox and Tilden Foundations, 
a copy of which is hereto annexed, be and the same hereby 
is approved, and that the same be executed on behalf of the 
City and delivered as soon as the same is executed by or on 
behalf of the said The New York Public Library, Astor, Lenox 
and Tilden Foundations. 



XXXVII. 

LEASE AND AGREEMENT FOR THE USE AND OCCU- 
PATION OF THE LIBRARY BUILDING TO BE 
CONSTRUCTED IN BRYANT PARK. 



Dated 8 December, 1897. 

2[|)ia <^grccmcnt, made and concluded this eighth day of De- 
cember, in the year one thousand eight hundred and ninety- 
seven, by and between the Mayor, Aldermen and Commonalty 
of the City of New York by the Board of Estimate and Appor- 
tionment of said city, party of the first part, and The New 
York Public Library, Astor, Lenox and Tilden Foundations, 
party of the second party, toitttesoelt) : 

UJljcreas, the land now occupied by the reservoir upon Fifth 
avenue, between 40th and 42d streets, in the City of New York, 
has been made a portion of a public park, and by an act of the 
Legislature of the State of New York, passed May 19, 1897, 
entitled "An Act to provide for the construction of a public 
building in Bryant Park, in the City of New York, to be occu- 
pied by the New York Public Library, Astor, Lenox and Tilden 
Foundations," the Department of Public Parks was authorized 
to remove the said reservoir occupying a portion of said Bryant 
Park, and to erect, construct, maintain, equip and furnish in the 
said Bryant Park, or sortie portion thereof, a suitable and appro- 
priate fire-proof building in accordance with plans to be made and 

147 



148 LIBRARY BUILDING IN BRYANT PAJRK. 

prepared by the party of the second part, and to be approved by 
the party of the first part, such building to be used and occupied 
as a public library and reading-room by the said party of the 
second part for the purpose of carrying out the objects and 
purposes of the said corporation and of its consolidation; 

!^n& roljercos, the said party of the first part, in and by the 
said act, was authorized at any time after the passage of said 
act to enter into a contract with the said party of the second 
part for the use and occupation by the said party of the second 
part and its successors of the building so to be erected, con- 
structed, equipped and furnished, for the purpose of maintain- 
ing therein a public library and reading-room and carrying out 
the objects and purposes of the said corporation as provided by 
its agreement of consolidation, and any amendments to be 
hereafter authorized to the same, and which contract by the 
terms of said act was to provide for such use and occupation 
so long as the said party of the second part shall maintain such 
public library and reading-room therein and shall use said build- 
ing so to be erected for the purposes thereof; 

!^n& tDt)ereos, the said party of the second part has made 
and prepared plans for such library building so to be erected, 
which said plans provide for a building to be erected in said 
Bryant Park, facing Fifth avenue, at a distance of about 75 feet 
therefrom, and being about 350 feet in width, front and rear, 
and about 250 feet in depth; 

%xOi roljereas, the said Board of Estimate and Apportionment 
has duly approved the said plans pursuant to the terms of said 
Act, and has requested the Department of Public Parks to 
remove the reservoir now occupying a portion of Bryant Park, 
and to erect, construct, maintain, equip and furnish in said Park 
a fire-proof building, in accordance with said plans; such build- 
ing to be used and occupied as a public library and reading room 
by the said The New York Public Library, Astor, Lenox and 
Tilden Foundations, and to be constructed either of marble or 
Indiana limestone, or of such other stone as may hereafter be 
suggested by the architects and approved by the Trustees of 



LEASE AND AGREEMENT. 149 

The New York Public Library, Astor, Lenox and Tilden Foun- 
dations, and by the Board of Estimate and Apportionment; 

^n& tBl)ercas, it is the intention of the party of the second 
part to arrange to dispose of certain real estate and property 
owned by it, and in other respects to prepare for the occupation 
of the said building, and the carrying on of the public purposes 
of said corporation therein ; 

JIotD, tl)erefore, it is agreed by and between the parties 
hereto as follows : 

Jirst. — The party of the first part has granted, demised and 
let, and doth by these presents grant, demise and let, unto the 
party of the second part and its successors the said library 
building so to be erected within or upon said Bryant Park upon 
the site now occupied by said reservoir, together with the appur- 
tenances thereunto belonging, to have and to hold the same 
unto the party of the second part and its successors so long as 
the said party of the second part shall continue to maintain such 
public library and reading-room therein, and so long as the said 
party of the second part shall use and occupy such building for 
the purpose of maintaining therein a public library and reading- 
room and carrying on the objects and purposes of the said cor- 
poration, as provided by its said agreement of consolidation and 
the several acts incorporating the Trustees of the Astor Library, 
the Trustees of the Lenox Library and the Tilden Trust, respec- 
tively, and any amendments to be hereafter authorized to the 
same, and so long as the party of the second part shall faithfully 
keep, perform and observe the covenants and conditions herein 
contained on its part to be kept, performed and observed. 

Seconb. — Neither the party of the first part, its successors or 
successor, nor the Mayor, Aldermen and Commonalty of the 
City of New York, nor their successors, shall be chargeable or 
liable for the preservation of said building or the property of 
the party of the second part therein, against fire, or for any 
damage or injury to be caused by fire to the said property; but 
it is agreed that, the damages aforesaid excepted, the said party 



150 LIBRAE V B UILDING IN BR YANT PARK. 

of the first part shall, on reasonable demand, at all times main- 
tain and keep the said building in repair. 

9Dl)ir6. — As soon after the completion and equipment of said 
building as practicable, the said party of the second part shall 
transfer to, place and arrange in said building, its library and 
collections, and shall have and enjoy the exclusive use of the 
whole of said building, subject to the provisions herein contained 
and the rules and regulations herein prescribed, during the con- 
tinuance of the term hereinbefore granted. 

ifourtl). — The said library shall be accessible at all reason- 
able hours and times for general use, free of expense to persons 
resorting thereto, subject only to such control and regulation as 
the party of the second part, its successor or successors, from 
time to time may exercise and establish for general convenience; 
provided, however, that one or more reading rooms in said 
library shall be open and accessible to the public upon every 
day of the week except Sundays, but including all legal or 
public holidays, from at least nine o'clock a. m. until at least 
nine o'clock p. m. and on Sundays from one o'clock p. m. until 
nine o'clock p. m., under such rules and regulations as the said 
Board of Trustees shall prescribe from time to time ; and pro- 
vided that there shall at all times be established and maintained 
in the said library a free circulating branch, and that the same 
shall be opened for the use of the public during the day time 
on Sunday and during the evening of each other day of the week 
for sucli time as may be prescribed by the said Board of Trus- 
tees in control of said library, the hour for closing said branch 
of the library, however, on each evening to be not earlier than 
lo o'clock. 

ififtl). — The said library collections and all other property of 
the said party of the second part which shall or may be placed 
in said building shall continue to be and remain absolutely the 
property of said party of the second part, and neither the party 
of the first part, nor said Mayor, Aldermen and Commonalty of 
the City of New York, nor their successors, shall by reason of 
said property being placed in the said building, or continuing 
therein, have any right, title, property or interest therein, nor 



LEASE AND AGREEMENT. 151 

shall the party of the second part, by reason of its use and occu- 
pation of this building under said agreement, acquire, or be 
deemed to have acquired, any right, title, property or interest 
in the said building and the appurtenances, or the land on which 
the same is erected, except in so far as expressly granted by this 
agreement. 

Sijett). — The said party of the second part shall, on or before 
the 31st day of December in each year, during the continu- 
ance of this agreement, submit to the Mayor of the City of New 
York a detailed printed report of the operations and transactions 
of said party of the second part, and of all its receipts and pay- 
ments for the year ending with the 30th day of June next pre- 
ceding. 

Seucntl). — The authorities of the City of New York shall have 
at all times access to every part of said building for general 
police visitation and supervision ; and also for the purpose of 
the performance of the duties devolved upon them by the laws 
of the State of New York or of the City of New York now enacted 
or hereafter to be enacted ; and the police powers of the said 
party of the first part shall extend in, through and by the said 
building. The party of the second part, however, shall appoint, 
direct, control and remove all persons employed within said 
building, in and about the care of the building, and the library 
and collections therein contained, excepting the regular police- 
man on duty within the building or grounds, if any, and the 
employes of the Park Department engaged in gardening or con- 
struction. 

(5igt)tl). — The city shall annually provide funds for the main- 
tenance and repair of the building, and the city authorities, or 
Department of Public Parks acting under its direction, shall, at 
all times, provide and care for the roads, walks, fences, grading 
and general care of the grounds and appurtenances attached 
thereto. The city, in addition, shall, at all times, furnish a sup- 
ply of water and adequate police patrol and protection. With 
the limitations already defined, the party of the second part 
shall exercise entire direction and management over all the 
affairs of the library building and the books, collections and 
appurtenances. 



152 LIB J? AH Y BUILDING IN BR VANT PARK. 

Nintl). — It is further expressly understood and agreed by and 
between the parties hereto that this agreement may be wholly 
cancelled and annulled, or from time to time altered or modified, 
as may be agreed upon in writing between the said parties or 
their successors, anything herein to the contrary in anywise 
notwithstanding. 

Kn tiJitneas tDljereof, the party of the first part has caused 
this Agreement to be executed by the Board of Estimate and 
Apportionment, pursuant to a resolution of the said Board 
adopted at a meeting held on the first day of December, in the 
year one thousand eight hundred and ninety-seven ; and the said 
party of the second part has caused the same to be executed by 
its President and its official seal affixed thereto, pursuant to reso- 
lution of the Trustees of the New York Public Library, Astor, 
Lenox and Tilden Foundations, and adopted at a meeting held 
on the eighth day of December, in the year one thousand eight 
hundred and ninety-seven. 

W. L. Strong, 

Mayor. 
AsHBEL P. Fitch, 

Comptroller. 
John Jeroloman, 

President of the Board of Alderman. 
E. P Barker, 

President of the Department of Taxes 
and Assessments. 
Francis M. Scott, 

Counsel to the Corporation. 

John Bigelow, 

President New York Public Library, 
Astor, Lenox and Tilden Founda- 
tions. 
Attest: 

G. L. Rives, 

Secretary. 
(corporate seal.) 



XXXVIII. 

RESOLUTIONS OF THE DEPARTMENT OF PUBLIC 
PARKS OF THE CITY OF NEW YORK RELA- 
TIVE TO THE LIBRARY BUILDING TO BE 
CONSTRUCTED IN BRYANT PARK. 



Adopted 6 December, 1897. 

tol)erettS, the land now occupied by the reservoir upon Fifth 
avenue, between 40th and 426 streets, in the City of New York, 
has been made, pursuant to lawful authority, a portion of a pub- 
lic park known as Bryant Park ; and 

tol)erca0, by Chapter 556 of the Laws of 1897 of the State of 
New York, the Department of Public Parks in the City of New 
York was authorized to remove the reservoir now occupying a 
portion of said Bryant Park, and to erect, construct, maintain, 
equip and furnish in said Bryant Park, or in or upon any portion 
thereof, a suitable and appropriate fire-proof building, in accord- 
ance with plans to be made and prepared by the Trustees of 
The New York Public Library, Astor, Lenox and Tilden Foun- 
dations, and to be approved by the Board of Estimate and 
Apportionment of the City of New York; such building to be 
used and occupied as a public library and reading room by the 
said The New York Public Library, Astor, Lenox and Tilden 
Foundations; and 

tol)er£tts, the Trustees of the New York Public Library, Astor, 
Lenox and Tilden Foundations, have caused plans to be made 
and prepared by Messrs. Carrere & Hastings, architects, and the 
said plans have been approved by the Board of Estimate and 
Apportionment of the City of New York, being the plans now 
exhibited and marked " The New York Public Library, Astor, 
Lenox and Tilden Foundations. Plan for Library Building, 

153 



154 LIBRAR V BUILDING IN BR YANT PARK. 

drawing No. ," the said drawings being numbered from 

I to lo, both inclusive; and, 

tDl)er£as, the Board of Estimate and Apportionment, by reso- 
lution adopted the ist day of December, 1897, has authorized 
and requested the Department of Public Parks to remove the 
reservoir now occupying a portion of said Bryant Park and to 
erect, construct, maintain, equip and furnish in said Bryant Park 
a suitable and appropriate fire-proof building in accordance with 
the said plans approved by the said Board of Estimate and 
Apportionment, such building to be used and occupied as a pub- 
lic library and reading room by the said The New York Public 
Library, Astor, Lenox and Tilden Foundations, and to be con- 
structed either of marble or Indiana limestone, or of such other 
stone as may hereafter be suggested by the architects and 
approved by the Trustees of The New York Public Library, 
Astor, Lenox and Tilden Foundations, and by the Board of 
Estimate and Apportionment; and 

^\\ettas., the Board of Estimate and Apportionment has also 
authorized and requested the Department of Public Parks to 
employ Messrs. Carrere & Hastings, the authors of the said plans 
for the new library buildings, as architects to prepare the detailed 
drawings, forms of contract and specifications of the said build- 
ing pursuant to Section 2 of said act, and to superintend the 
erection of said building, said employment of such architects to 
be in accordance with a contract to be prepared by the Counsel 
to the Corporation, which contract shall contain a provision fix- 
ing the compensation to be paid to the said architects ; 

Re6olt)eb, that this Department proceed, as provided in Chap- 
ter 556 of the Laws of 1897, to erect, construct, maintain, equip 
and furnish in said Bryant Park a building in accordance with 
the said plans approved by the Board of Estimate and Appor- 
tionment, said building to be constructed either of marble or 
Indiana limestone, or such other stone as may hereafter be sug- 
gested by the architects and approved by the Trustees of the 
New York Public Library, Astor, Lenox and Tilden Founda- 
tions, and by the Board of Estimate and Apportionment; said 
building to be fireproof; walls to be of solid masonry; founda- 



RESOLUTIONS OF DEPARTMENT OF PARKS. 165 

tions to be as much as possible of solid masonry, and, if possi- 
ble, of materials now on the ground; floor construction to be of 
steel beams with masonry filling; plumbing, machinery, heating, 
ventilating, electric lighting, boilers and all mechanical appli- 
ances to be of the most approved type and make; book stacks 
and book machinery to be as may be approved by the Trustees 
of the Library. 

IJeeoltiei), that in connection with the erection of said building, 
this Board will remove the reservoir now occupying a portion of 
Bryant Park, such removal to be made by contract as herein- 
after provided. 

lScsolt)£i(, that Messrs. Carrere & Hastings be and they are 
hereby employed as architects, such employment to be in accor- 
dance with the contract prepared by the Counsel to the Corpo- 
ration, and this day submitted to the Board, which said contract 
is hereby approved and ordered to be executed by the President 
and Secretary of this Board. 

HfSoloei)^ that the architects be and they are hereby instructed 
to proceed forthwith to prepare drawings, forms of contract and 
specifications for said building, pursuant to Section 2, Chapter 
556, Laws of 1897. 

Besoltieb, that the architects be and they are hereby instructed 
to consider and report as to the best method of removing the 
reservoir, and as to the expediency of using and employing the 
materials composing said reservoir, or some part thereof in and 
about the erection and construction of the new building, or as to 
what other use can be made of such materials, and that the archi- 
tects be instructed to prepare forms of contract for the approval 
of this Board in reference to removing said materials or selling 
or disposing of the same ; or making other use thereof as the said 
architects may think best. 



XXXIX. 

AGREEMENT BETWEEN THE CITY OF NEW YORK 

AND THE ARCHITECTS OF THE LIBRARY 

BUILDING TO BE CONSTRUCTED IN 

BRYANT PARK. 



Dated 9 December, 1897. 

Articles of ^^gtccmcnt made and entered into this ninth day 
of December, in the year one thousand eight hundred and 
ninety-seven, by and between the Mayor, Aldermen and Com- 
monalty of the City of New York, by The Department of Pub- 
lic Parks of the City of New York, party of the first part, and 
John M. Carr^re and Thomas Hastings, architects, under the 
firm name and style of Carr^re & Hastings, of said City of New 
York, parties of the second part. 

For the sake of brevity the party of the first part is herein- 
after designated as " the City," and the parties of the second 
part are hereinafter designated as " the Architects." 

b)\)exeas, on or about the first day of December, 1897, the 
Board of Estimate and Apportionment of the City of New 
York, acting under and pursuant to the provisions of Sections 
I and 4 of Chapter 556 of the Laws of 1897, of the State of 
New York, duly resolved to approve and did approve the plans 
made and prepared by the Trustees of The New York Public 
Library, Astor, Lenox and Tilden Foundations, for the con- 
struction of a public building in Bryant Park in the City of 
New York, to be used and occupied as a public library and 
reading room by the said The New York Public Library, Astor, 
Lenox and Tilden Foundations, said plans having been sub- 
mitted by the architects, and selected and adopted by the said 
Trustees, and submitted to the Board of Estimate and Appor- 

156 



AGREEMENT WITH THE ARCHITECTS. 157 

tionment for their approval, and the Trustees having recom- 
mended the authors as the architects of the said building; and 

toljcreas, the said Board of Estimate and Apportionment did, 
by resolution, authorize and request the Department of Public 
Parks, at the time and in the manner provided in said Chapter 
556, to remove the reservoir now occupying a portion of Bryant 
Park, in the City of New York, and to erect, construct, main- 
tain, equip and furnish in said Bryant Park a suitable and 
appropriate fire-proof building in accordance with the plans 
above referred to; and 

■toljereoB, the said Board of Estimate and Apportionment did 
also authorize and request the Department of Public Parks to 
employ Messrs. Carrfere & Hastings, the authors of the said 
plans above referred to, to prepare the detail drawings, forms 
of contract and specifications for the said building, pursuant to 
Section 2 of said Act, and to supervise the erection of the said 
building; said employment of such architects to be in accord- 
ance with a contract to be prepared by the Counsel to the Cor- 
poration, which contract shall contain a provision fixing the 
compensation to be paid to said architects at the customary fees 
as declared by the American Institute of Architects; and 

tol)Creas, The Department of Public Parks did on or about 
the sixth day of December, 1897, resolve to proceed to remove 
the reservoir now occupying a portion of Bryant Park in the 
City of New York, and to erect, construct, maintain, equip and 
furnish in said Bryant Park a suitable and appropriate fireproof 
building, in accordance with the plans approved by the Board 
of Estimate and Apportionment, and did also resolve to employ 
Messrs. Carrere & Hastings, as architects for said building, 
both for the preparation of said plans and specifications, and 
for the superintending and completion of said building, and 
did duly instruct said architects to prepare the necessary pre- 
liminary studies, plans and working drawings for the construc- 
tion and completion of said building. 

Noro, 2Cl)ercforc, tl)ia <3lgtcement iBitneesctl), that the said 
architects for and in consideration of the performance by the 



158 LIBRAR Y BUILDING IN BR YANT PARK. 

City of this agreement on its part, undertake and agree to and 
with said City to fully furnish and perform their services as 
architects in the construction, equipment, fixtures, fittings, 
furniture and accessories, and in the supervision thereof in the 
erection and completion for occupation of the said public build- 
ing in Bryant Park in the City of New York. 

The City hereby retains and employs the said architects to 
perform the aforesaid services, and agrees to pay them there- 
for the customary fees as declared by the American Institute of 
Architects, as follows: Five per cent, upon the total cost of 
the building, including all the fixtures necessary to render the 
building fit for occupation, but not including furniture not 
designed or selected by the architects. 

It is understood and agreed that no special rate for monu- 
mental or decorative work, or designs for furniture, in excess of 
the general compensation of 5 per cent, upon the cost of the 
work, shall be charged, and that no charge shall be made for 
mural decorations except when designed by the architects, any 
custom of architects to the contrary notwithstanding. 

It is mutually understood and agreed that the fees of consulting 
engineers to be retained and employed as hereinafter provided 
shall be paid by the City and not by the architects. 

The City further undertakes and agrees to pay the said archi- 
tects for their services, at the rate above specified, as follows: 
One per cent, on the proposed cost of the work upon the com- 
pletion of the preliminary sketches, the amount so paid to be 
credited on the total commission of 5 per cent, of the actual 
cost, whether the estimate of the cost of the building shall prove 
greater or less than the actual cost; 2j^ per cent, upon the 
amount of each contract duly awarded and made payable when 
such contract is awarded or made; i^ per cent, upon the 
amount of each certificate duly given by the architects to con- 
tractors. 

It is, however, mutually understood and agreed that if the 
City shall fail or neglect in due time to award contracts, or to 
provide for the construction and completion of said building in 
accordance with said plans and under this agreement, the archi- 
tects shall nevertheless be entitled to their fee upon the estimated 



AGREEMENT WITH THE ARCHITECTS. 159 

cost of the work in accordance with the schedule given by the 
American Institute of Architects in case of abandonment of 
work. 

The City further undertakes and agrees to retain and employ 
consulting engineers as follows: One engineer for heating and 
ventilating, one engineer for electric lighting and machinery, 
one engineer for structural work and foundations ; such engineers 
to be appointed by the City, and to be suggested by the archi- 
tects and approved by the Trustees of The New York Public 
Library, Astor, Lenox, and Tilden Foundations. 

The architects further agree that they will furnish, without 
further charge, upon the completion of the building, a full set of 
drawings exhibiting all essential particulars of its design and 
construction for future reference, such set of drawings to be 
permanently filed in said Library Building. 

3n toitncS0 tUtjereof, the party of the first part hath caused 
this agreement to be executed by the President and Secretary of 
the Department of Public Parks pursuant to a resolution of the 
Board of Commissioners of said Department, adopted at a meet- 
ing held on the sixth day of December, 1897, and the parties of 
the second part have hereunto set their hands and seals all on the 
day and year first above written. 

Sam'l McMillan, 

President. 

William Leary, 

Secretary. 

John M. Carrere. [seal. ] 
Thomas Hastings, [seal.] 



documents IRelatlna to ^be IRew IPork Jfree 
Circulating Xibrar?. 



XL. 

CERTIFICATE OF INCORPORATION. 



Dated ii March, 1880. 

Filed in County Clerk's Office, New York County, 

13 March, 1880. 
Filed in Office of the Secretary of State, Albany, 

N. Y., 15 March, i88o. 

State of New York, \ 

City and County of New York, j ^^- • 

We, Benjamin H. Field, Philip Schuyler, Wm. W. Appleton, 
Julia G. Blagden and Mary S. Kernochan, do hereby certify 
that we desire to form a Society pursuant to the provisions of 
an Act of the Legislature of the State of New York entitled 
" An Act for the incorporation of benevolent, charitable, scien- 
tific and missionary societies," passed April 12, 1848*, and the 
several acts extending or amending said Act. 

iTirst : That the Corporate Name of said Society is to be 
The New York Free Circulating Library. 

Second : That the Object for which said Society is formed is 
to furnish free reading to the people of the City of New York 
by the Establishment (in one or more places, in the City of New 
York) of a Library or Libraries with or without Reading Rooms; 
which Library or Libraries and Reading Rooms shall be open 
(without payment) to the public. 

3[l)irb : This Society shall be managed by a Board of Twenty- 
One (21) Trustees. 

* (Laws of 1848, chapter 319.) 
163 



164 NEW YORK FREE CIRCULATING LIBRARY. 

iTottrtl) : The names of the Trustees of this Society for the 
first year of its existence are Florence H. F. Tuckerman, Hamil- 
ton Fish, Joseph H. Choate, Abram S. Hewitt, Robert Hoe,' Jr., 
Levi P. Morton, Frederic W. Stevens, Benjamin H. Field, 
Elizabeth C. Hobson, Mary S. Kernochan, Annie Redmond, C. 
Emily Hyde, Philip Schuyler, Ruth D. Draper, Catharine C. 
Hunt, Angelica L. Hamilton, William W. Appleton, Temple 
Prime, Laura d'Oremieux, Julia G. Blagden and Ellen Shaw 
Barlow. 

JTiftl) : That the business of the said Society is to be carried 
on in the City and County of New York. 

All of which we hereby certify. 

Benj. H. Field, 
Wm. W. Appleton, 
Mary S. Kernochan, 
Julia G. Blagden, 
Philip Schuyler. 



XLI. 

CORRESPONDENCE RELATING TO THE GIFT OF 
"THE WOMEN'S FUND."* 



1. 

Letter of the Female Christian Home. 

New York, April 17th, 1882. 

To the Trustees of the New York Free Circulating Library: 

Gentlemen: At a meeting of the Board of Managers of the 
Female Christian Home, which was held for the purpose of 
deciding what use should be made of the balance of its funds 
after the settlement of its affairs, it was resolved that the sum 
of Seventeen hundred dollars (1700) be given to the N. Y. Free 
Circulating Library. I therefore hand you a check on the 
Bank of the Metropolis to the order of your Treasurer for 
$1700 as a donation from the Managers of the Female Christian 
Home. We desire that this amount be kept as a Fund to be 
called the "Women's Fund," and that the income from it shall 
be used for the employment of women in the Free Library 
or for the purchase of books. We submit the investment of 
this sum to your discretion, and with best wishes for the success 
of your undertaking I remain 

Respectfully yours, 

Mary M. Patterson. 

*This fund was increased to the sura of $2,000 by additional contributions 
subsequently made. At the time of the consolidation with The New York Public 
Library, Astor, Lenox and Tilden Foundations, 25 February, 1901, it was invested 
in $2,000 St. Louis, Iron Mountain & Southern Railway Company 5 per cent. 
General Mortgage Bonds. 

165 



166 NE W YORK FREE CIRCULA TING LIBRAR Y. 

2. 

Reply of the Trustees of. The New York 
Free Circulating Library. 

36 Bond Street, April 19, 1882. 

Mrs. J. W. Patterson, Pres. Female Christian Home: 

My Dear Madam: The Trustees of the New York Free Cir- 
culating Library gratefully acknowledge receipt of your letter 
of the 17th, containing a donation from the Managers of your 
Institution of $1700 for the purpose of establishing a Fund to 
be called the "Women's Fund," the income of which shall be 
expended for the employment of women in the Library or for 
the purchase of books. The Trustees of the Library cordially 
accept this Trust and will faithfully carry out its conditions. 

Very Respectfully, 

W. Greenough, 

Acting Secretary. 



XLII. 

DEED BY THE EXECUTOR OF THE WILL OF 

SARAH M. GRINNELL, DECEASED, AND OTHER 

PARTIES IN INTEREST OF THE PREMISES 

NO. 49 BOND STREET. 



Dated g June, 1882. 

Recorded in New York Register's Office, 9 October, 1882. 
Liber 1681 of Conveyances, page 307. 

@[|)i0 Jfnbcntttrc, made the ninth day of June in the year of 
our Lord one thousand eight hundred and eighty two. 

JBettDCen, William F. Ruxton, as Executor of the last will 
and testament of Sarah M. Grinnell, deceased, party of the 
first part, and Sylvia H. Ruxton, wife of William F. Ruxton, 
of London, England, and Sarah M. Watts, wife of Ridley 
Watts, of the same place, parties of the second part, and the 
New York Free Circulating Library, party of the third 
part. 

toitnesscll), That the said party of the first part, by virtue of 
the power and authority to him given in and by the said last 
will and testament and for and in consideration of the sum of 
Fifteen thousand five hundred dollars, lawful money of the 
United States of America, to him in hand paid at or before the 
ensealing and delivery of these presents by the said party of the 
third part, the receipt whereof is hereby acknowledged, and the 
said party of the third part and its successors forever released 
and discharged from the same, and the said parties of the sec- 
ond part, in consideration of the sum of one dollar to them in 

167 



168 NE W YORK FREE CIRCULA TING LIBRAR V. 

hand paid by the said party of the third part, the receipt whereof 
is hereby acknowledged by these presents, 

^ave granted, bargained, sold, aliened, remised, released, 
conveyed and confirmed, and by these presents do grant, bar- 
gain, sell, alien, remise, release, convey and confirm unto the 
said party of the third part, its successors and assigns forever, 

^11 that certain lot, piece or parcel of ground, and building 
thereon, situate, lying and being in the Fifteenth Ward of the 
City of New York, and known and distinguished on a map of 
Land in the Eighth (now Fifteenth) Ward of the City of New 
York, belonging to William Israel, compiled by Edward Dough- 
erty, City Surveyor, February 22, 1825, as lot No. Two; 
bounded as follows: Northeast in front by Bond Street; South- 
westerly in the rear by land now or formerly of Stephen J. 
Brinckerhoff ; Southeast by Lot No. One on said map, and 
Northwesterly by Lot No. Three on said map. 

Containing in width in front twenty five feet, in the rear 
twenty five feet (25. 5^^) five inches and three quarters of an 
inch (5^), and in depth on the Northwesterly side, seventy 
nine feet and nine inches, and on the southeasterly side, seventy 
four feet and ten inches. Said premises being now known by 
the Street Number 49 Bond Street. 

@l^0gett)er with all and singular the edifices, buildings, rights, 
members, privileges, advantages, hereditaments and appurte- 
nances to the same belonging or in any wise appertaining, and 
the reversion and reversions, remainder and remainders, rents, 
issues and profits thereof. 

'iKnh !^lso, all the estate, right, title, interest, claim and de- 
mand whatsoever, both in law and equity, which the said testa- 
trix had in her lifetime and at the time of her decease, and 
which the said parties of the first and second parts, or either of 
them, have by virtue of the said last will and testament, or other 
wise, of, in and to the same, and every part and parcel thereof, 
with the appurtenances. 

®0 Jjoue atlb to \)o\il the said premises above mentioned and 
described, and hereby granted and conveyed, or intended so to 



DEED OF NO. 4g BOND STREET. 169 

be, with the appurtenances, unto the said party of the third part 
its successors and assigns, to its and their own proper use, bene- 
fit and behoof forever. 

^ttb the said parties of the first and second parts covenant, 
grant, promise and agree, to and with the said party of the third 
part, its successors and assigns, that the said party of the third 
part, its successors and assigns shall and lawfully may from time 
to time, and at all times forever hereafter peaceably and quietly 
have, hold, use, occupy, possess and enjoy all and singular the 
said hereditaments and premises hereby granted and conveyed, 
or intended so to be, with their and every of their appurte- 
nances, and receive and take the rents, issues and profits thereof 
to and for its and their own use and benefit without any lawful 
let, suit, hindrance, molestation, interruption or denial whatso- 
ever, of, from or by them, the said parties of the first and sec- 
ond parts, or, of from or by any other person or persons whom- 
soever, lawfully claiming or who shall or may lawfully claim here- 
after, by, from or under them or either of them, or by, from or 
under their or either of their right, title, interest or estate, and 
that the same are now free and clear and freely and clearly dis- 
charged, acquitted and exonerated, or otherwise well and suffi- 
ciently saved, defended, kept harmless and indemnified by them, 
the said parties of the first and second parts, their successors and 
heirs of, from and against all and all manner of former and other 
gifts, grants, bargains, sales, mortgages, judgments and all other 
charges and incumbrances whatsoever, had, made, committed, 
executed or done by them, the said parties of the first and sec- 
ond parts, or by through or with their, or either of their acts, 
deeds, means, consent, procurement or privity. 

3n toUncSB tOljercof, the said parties of the first and second 
parts have hereunto set their hands and seals the day and year 
first above written. 

William F. Ruxton, 

Executor of Sarah M. Grin- 

nell, deceased [l.s.] 

Sylvia H. Ruxton [l.s.] 

Sarah M. Watts [l.s.] 



XLIII. 

DEED BY THE EXECUTOR OF AND TRUSTEE UNDER 

THE WILL OF SARAH M. GRINNELL, 

DECEASED, OF THE PREMISES 

NO. 49 BOND STREET. 



Dated 31 October, 1882. 

Recorded in New York Register's Office, 15 November, 1882. 
Liber 1692 of Conveyances, page 143. 



®l)is JJnbcntnre, made the Thirty first day of October in the 
year of our Lord one thousand eight hundred and eighty two, 

3etvaien William F. Ruxton as Executor of and Trustee 
under the Last Will and Testament of Sarah M. Grinnell, 
deceased, party of the first part, and New York Free Circu- 
lating Library, party of the second part. 

tDitnesseti) that the said party of the first part, by virtue of 
the power and authority to him given in and by the said Last 
Will and Testament and for and in consideration of the sum of 
fifteen thousand five hundred dollars lawful money of the 
United States of America to him in hand paid at or before the 
ensealing and delivery of these presents by the said party of the 
second part, the receipt whereof is hereby acknowledged and the 
said party of the second part, its successors and assigns, forever 
released and discharged from the same, by these presents hath 
granted, bargained, sold, aliened, released, conveyed and con- 
firmed and by these presents doth grant, bargain, sell, alien, 
release, convey and confirm, unto the said party of the second 
part, its successors and assigns forever. 

170 



DEED OF NO. 4g BOND STREET. 171 

iMi that certain lot, piece or parcel of ground and building 
thereon situate, lying and being in the Fifteenth Ward of the 
City of New York, and known and distinguished on a Map of 
Land in the Eighth (now Fifteenth) Ward of the City of New 
York, belonging to William Israel compiled by Edward Doughty, 
City Surveyor February 22nd 1825 as lot Number 2 (two) 
bounded as follows; Northeast in front by Bond Street, South- 
westerly in the rear by land now or formerly of Stephen J. 
Brinckerhoff, Southeast by lot No. 1 (one) on said Map, and 
Northwesterly by lot Number 3 (three) on said map; Containing 
in width in front twenty five (25) feet, in the rear Twenty 
five feet (25' 5!^") five inches and three quarters of an inch, 
(SJi") and in depth on the Northwesterly side seventy-nine (79) 
feet and nine (9) inches and on the Southeasterly side Seventy- 
four (74) feet and ten (10) inches, said premises being now known 
by the Street Number (49) forty-nine Bond Street. 

STogctljer with all and singular the edifices, buildings, rights, 
members, privileges, advantages, hereditaments, and appurte- 
nances, to the same belonging or in anywise appertaining, and 
the reversion and reversions, remainder and remainders, rents, 
issues, and profits thereof. 

^ni oIbo all the estate, right, title, interest, claim and demand 
whatsoever, as well in law as in equity, which the said Testatrix 
had in her lifetime and at the time of her decease, and which the 
said party of the first part has by virtue of the said last Will and 
Testament or otherwise, of in and to the same, and every part 
and parcel thereof with the appurtenances. 

STo Ijatie dttb to l^olb the said premises above mentioned and 
described and hereby granted and conveyed or intended so to be 
with the appurtenances unto the said party of the second part its 
successors and assigns to its own proper use benefit and behoof 
forever. 

<^n& the said party of the first part covenants, grants, promises 
and agrees, to and with the said party of the second part its suc- 
cessors and assigns, that the said party of the second part, its 
successors and assigns shall and lawfully may from time to time 



172 NEW YOSK FREE CIRCULATING LIBRARY. 

and at all times forever hereafter peaceably and quietly have 
hold, use, occupy, possess and enjoy all and singular the said 
hereditaments and premises hereby granted and conveyed or 
intended so to be with their and every of their appurtenances 
and receive and take the rents issues, and profits thereof, to 
and for its and their own use and benefit, without any lawful let, 
suit, hindrance, molestation, interruption or denial whatsoever of 
from or by the said party of the first part, or his assigns, or of 
from or by any other person or persons whomsoever, lawfully 
claiming or who shall or may lawfully claim hereafter by from 
or under him or them or by from or under his or their right, 
title, interest or estate, and that the same are now free and clear 
and freely and clearly discharged, acquitted and exonerated and 
shall be well and sufficiently saved defended, kept harmless and 
indemnified by the said party of the first part, his successors and 
assigns, of from and against all and all manner of former and 
other gifts grants, bargains, sales, mortgages, judgments and 
all other charges and incumbrances whatsoever had, made, com- 
mitted, executed or done by him the said party of the first part 
or by through or with his acts, deeds, means, consent, procure- 
ment or privity. 

3n toUtteas toljereof, the said party of the first part has here- 
unto set his hand and seal the day and year first above written. 

W. F. RuxTON [l. s.] 



XLIV. 
ACT OF INCORPORATION. 



An Act to incorporate the New York Free Circulating 
Library. 

Passed i8 April, 1884. 
Laws of 1884, Chapter 166. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section i The Society now existing in the city of New York, 
and incorporated under the laws relating to benevolent and lite- 
rary societies, and named "The New York Free Circulating 
Library," is hereby created a body corporate under the name of 
"The New York Free Circulating Library;" and is authorized 
and empowered to take by purchase, grant, gift, devise or 
bequest, subject to all the provisions of the laws relative to 
devises and bequests by last will and testament, and hold, sell, 
lease, transfer and convey real and personal estate, for the use 
and benefit of said corporation for the objects for which it is 
created, but for no other. 

Section ii. The title to any and all real and personal estate 
now held by the New York Free Circulating Library is hereby 
declared to be vested in the corporation hereby created. 

Section iii. The corporation shall have power from time to 
time to adopt such a constitution and make and establish such 
by-laws, rules and regulations as the trustees thereof shall judge 
proper for the accomplishment of its benevolent objects; for the 
election of its officers ; for prescribing their respective functions 
and mode of discharging the same; for the admission of mem- 
bers ; for imposing and collecting admission fees, dues, fines and 
contributions from members ; for regulating the times and place's 

173 



174 NE W YORK FREE CIRCULA TING LIBRAR Y. 

of meetings; for suspending and expelling such members as shall 
refuse or neglect to comply with the said constitution, by-laws, 
rules and regulations and generally for the management and 
direction of the affairs and concerns of the said corporation. 

Section il). The number of trustees shall be twenty-one, and 
the names of those who shall manage the affairs of the corpora- 
tion until their successors shall be chosen by the members are 
as follows: Henry E. Pellew, Benjamin H. Field, Ellen Shaw 
Barlow, Anne Redmond, William W. Appleton, J. Pierpont 
Morgan, William Greenough, Frederic W. Stevens, Julia G. 
Blagden, Amy Townsend, Mary S. Kernochan, Philip Schuyler, 
Frederick W. Whitridge, J. Frederic Kernochan, Robert Hoe, 
Jr., Temple Prime, Oswald Ottendorfer, Florence H. F. Tucker- 
man, W. C. Whitney and George W. Folsom, who are at present 
the trustees of the aforesaid society known as the "New York 
Free Circulating Library." The trustees shall thereafter be 
chosen by the members (at the annual meetings of the corpora- 
tion) in such manner as the constitution may direct, but trustees 
shall in all cases hold office until their successors are elected. 

Section J). In case of the death, resignation, neglect or refusal 
to act of any of the officers or trustees of said corporation the 
other trustees thereof may, at any regular meeting, elect by 
ballot a trustee or trustees, or officer or officers, in the stead of 
such trustees or officers, who shall hold their offices until the 
next meeting appointed by the constitution or by-laws for the 
election of officers or trustees, and until others shall be elected 
in their places. 

Section ui. The object of said corporation is to furnish free 
reading to the people of the city of New York by the establish- 
ment and maintenance of a system of free circulating libraries 
with or without reading rooms, and by such other means as to its 
trustees may seem suitable and proper. 

Section uii. The corporation hereby created shall possess 
the general powers and be subject to the restrictions and liabili- 
ties provided by the constitution of the state of New York. 

Section tliii. This act shall take effect immediately. 



XLV. 

CORRESPONDENCE AND RESOLUTIONS RELATING 

TO THE GIFT BY OSWALD OTTENDORFER OF 

THE OTTENDORFER BRANCH LIBRARY 

AND THE OTTENDORFER FUND.* 



1- 

Letter of Mr. Ottendorfer. 

12 May, 1884. 

Henry E. Pellew, Esq., 

President of the N. Y. Free Circulating Library. 

Dear Sir : 

I wish to give and transfer to the New York Free Circulating 
Library the following property, viz. : 

1. The Library, consisting of 8,000 volumes more or less, 
about one-half of which are in the German language, the others 
in the English language, and all of which will be in the build- 
ing at Second Avenue, near Eighth Street, leased by the Ger- 
man Hospital and Dispensary to the N. Y. Free Circulating 
Library. 

2. Furniture and fixtures suitable for the Library and Read- 
ing-room in said building. 

*At the time of the consolidation with The New York Public Library, Astor, 
Lenox and Tilden Foundations, 25 February, 1901, the Ottendorfer Fund was 
invested in $io,ooo Morris & Essex Railroad Company First Mortgage 7 percent. 
Bonds. 

175 



176 NE W YORK FREE CIRCULA TING LIBRAR Y. 

3. Certain bonds of the following description: 
Ten first mortgage bonds of the Morris and Essex Railroad 
Co. at one thousand dollars each, bearing the following num- 
bers: Nos. 221, 1119, 1142, 1143. 1144, "45. 1146, 1202, 1203, 
2509. Interest at 7^ payable on the ist day of May and the 
ist day of November; principal due May ist, 1914. This prop- 
erty I will give to the New York Free Circulating Library, upon 
condition, 

I. That that corporation shall maintain in the premises leased 
from the German Hospital and Dispensary in the City of New 
York a branch Free Circulating Library and Reading-room. 

IL That in the reading-room shall be kept a sufficient number 
of periodicals and magazines, printed in the German language, 
so that visitors who read German may find an inducement to 
visit the same. 

III. That a sufficient number of attendants in the Library and 
Reading-room should be able to understand and speak German, 
so that applicants for books and visitors of the reading-room 
speaking German may find there some one capable to give 
them the desired information. 

IV. That such association shall hereafter maintain the fire- 
proof vault, provided in the basement in the building aforesaid, 
for preserving valuable documents and books of the Library, 
and for the preservation of the records and papers of importance 
of such German (library) Societies in the City of New York as 
may apply for such permission, and under such rules and regu- 
lations as the Trustees of the New York Free Circulating 
Library may prescribe. The control over the vault to remain 
with the officers of said Free Circulating Library. Upon re- 
ceipt of notice of acceptance of this property upon the above 
conditions by the New York Free Circulating Library, such ac- 
ceptance to be manifested by a resolution of the Board of 
Trustees of such association, I will transfer the above specified 
property to it. 

Respectfully, etc., 

Oswald Ottendorfer. 



GIFT OF OSWALD OTTENDORFER. 177 



a. 

Extract from the Minutes of the Trustees of The 
New York Free Circulating Library. 

i6 May, 1884. 

KesoiBCb, that the New York Free Circulating Library hereby 
gratefully accepts the munificent gifts tendered to it by the Hon. 
Oswald Ottendorfer in his communication to the President of 
the Library of May 12, 1884, upon the conditions specified in 
that letter. 

KcaoItJClr, that the Library lease the premises in Second Ave- 
nue near Eighth Street from the German Hospital and Dispen- 
sary at an annual rent of one Dollar (payable May ist), and that 
the President and Secretary be directed to execute the lease of 
said premises submitted and read to the Trustees, and to affix 
the seal of the Corporation thereto. 

Besoltieb', I. That the Library hereafter maintain upon the 
premises leased from the German Hospital and Dispensary in the 
City of New York a branch Free Circulating Library. 

II. That in the reading room shall be kept a sufficient number 
of Periodicals and Magazines printed in the German language, 
so that visitors who read German may find an inducement to 
visit the same. 

III. That a sufficient number of attendants in the Library and 
Reading room should be able to speak German, so that applicants 
for books and visitors of the reading room speaking German 
may find there some one capable of giving them the desired 
information. 

IV. That this association shall hereafter maintain the fire- 
proof vault provided in the basement of the building aforesaid 
for preserving valuable documents and books of the Library, 
and for the preservation of the records and papers of importance 
of such German Societies in the City of New York as may apply 
for such permission, and under such rules and regulations as the 



178 NE W YORK FREE CIRCULA TING LIBRAR Y. 

Trustees of the New York Free Circulating Library may pre- 
scribe. The control over the vault to remain with the oflBcers 
of the Free Circulating Library, 

ISesoioell, That as an inadequate recognition of the generosity 
of Mr. Ottendorfer that the Library thus established by him 
shall be forever known as the Ottendorfer Branch of the New 
York Free Circulating Library, and designated as such in the 
records and publications of the Corporation. 

llesoiueb, that a copy of these Resolutions be sent to Mr. 
Ottendorfer. 



XLVI. 

LEASE BY THE GERMAN HOSPITAL AND DISPEN- 
SARY OF THE PREMISES NO. 135 
SECOND AVENUE. 



Dated 16 May, 1884. 

Recorded in New York Register's Office, 12 June, 1884. 
Liber 1797 of Conveyances, page 287. 



Sljis ^SVetment, made this sixteenth day of May A. D. 1884, 
By and Between The German Hospital and Dispensary, a cor- 
poration created by and existing under the laws of the State of 
New York, party of the first part, and The New York Free 
Circulating Library, a corporation created by and existing 
under the laws of the State of New York, party of the second 
part. 

tDitnCBOetl), ®l)at tBf)etjett0, Anna Ottendorfer and Oswald 
Ottendorfer did by deed (dated June 2nd A. D. 1883 and re- 
corded in the Office of the Register of the City and County of 
New York, June 4th A. D. 1883, in Liber 1725 of Conveyances 
page 372), assign, transfer and convey unto The German Hos- 
pital and Dispensary, party of the first part hereto, certain lots, 
pieces or parcels of land, with the buildings thereon erected, on 
the Westerly side of Second Avenue, between Eighth and 
Ninth Streets, in the City of New York, upon certains conditions 
in said deed expressed and 

iSJiiexeaS, said deed contained in a certain condition which by 
the terms of said deed relates to such part of said premises 

179 



180 NE W YORK FREE CIRCULA TING LIBRAR Y. 

aforesaid, as is hereinafter particularly set forth and described 
which said condition is as follows : 

The premises last hereinabove described are granted and 
conveyed upon condition that the same shall be let and demised 
from time to time to such association, society or corporation as 
shall agree to maintain upon such premises a free circulating 
library and reading rooms, the net rents and incomes derived 
from such letting to be applied by said party of the second part 
towards the general objects for which it was incorporated and 
established, and 

toljcr^as, the New York Free Circulating Library, a corpora- 
tion now existing in the City of New York, and created under 
the laws of the State of New York, is a society whose object is 
in strict accordance with the intention of the aforesaid con- 
dition. 

NotD tljcrcforc in consideration of these presents and of the 
covenants and agreements herein made by the parties to these 
presents each with the other, the said party hereto of the first 
part hereby covenants and agrees that the said party hereto of 
the second part shall have the sole and exclusive use and occu- 
pation of the following portion of the said premises (so as 
aforesaid assigned, transferred and conveyed to the said party 
hereto of the first part by Anna Ottendorfer and Oswald Otten- 
dorfer) to-wit: 

2111 that certain other lot of ground, situate in said City of 
New York, and bounded and described as follows: 

IBeginning at a point on the Westerly side or line of Second 
Avenue distant forty eight feet Northerly from the Northwest- 
erly corner of Second Avenue and Eighth Street, and from 
thence running Westerly on a line parallel with Eighth Street 
seventy two feet six inches ; thence running Northerly on a line 
parallel with Second Avenue twenty feet; thence running East- 
erly on a line parallel with Eighth Street seventy two feet and 
six inches to the Westerly side or line of Second Avenue; and 
thence running Southerly along the Westerly side or line of 
Second Avenue twenty feet to the point or place of beginning. 



LEASE OF NO. 13s SECOND A VENUE, 1884. 181 

00 long as the said party hereto of the second part shall be 
engaged in carrying out the objects for which it is incorporated, 
to wit: — furnishing free reading to the people of the City of 
New York, said described premises to be used for a circulating 
library and reading room and the purposes necessary thereto 
and for no other purpose. 

*^nir the said party hereto of the second part hereby agrees to 
pay to said party hereto of the first part on the first day of May 
in each and every year of such use and occupation the sum of 
One Dollar, and also to pay its proportionate share of all taxes, 
assessments or other charges which may be made, assessed or 
levied upon all the premises (so as aforesaid transferred, as- 
signed and conveyed to said party hereto of the first part by 
Anna Ottendorfer and Oswald Ottendorfer) by the City, County 
or State of New York, or the United States of America, such 
proportionate share to be determined by the ratio which the 
superficial area of the building so used and occupied by said 
party hereto of the second part bears to the superficial area of 
the whole of the buildings located on said premises; and in case 
any dispute or difference of opinion may arise as to the amount 
of said proportionate share, the parties hereto mutually cove- 
nant and agree that such dispute or difference of opinion shall 
be finally and conclusively settled by the arbitration of two 
arbiters one chosen by each of the parties hereto and in case 
such two arbiters can not agree one more arbiter shall be chosen 
by said two arbiters whose decision shall in such case be final 
and conclusive. 

2tnb the said party hereto of the second part hereby cove- 
nants and agrees to keep all of the premises so in its use and 
occupation under this agreement at all times in good and proper 
repair and to pay all necessary charges therefor and all expenses 
of incorporation therein, and to defray its proportionate share 
of all the expenses of every kind in maintaining all of said 
premises, which shall be a joint expense, including the supplying 
the same with light heat and water, unless such expenses are 
arranged so as to be properly a separate charge; such propor- 
tionate share to be determined in the same manner as herein- 



182 NEW YORK FREE CIRCULATING LIBRARY. 

above provided for in case of taxes and assessments and other 
municipal St.ite or United States charges. 

^ttb it is mutually agreed by and between the parties to these 
presents that should it become expedient or proper at any time 
in the future for the said party hereto of the first part to assign, 
transfer or convey the whole or any part of the premises (so as 
aforesaid conveyed to it by Anna Ottendorfer and Oswald 
Ottendorfer) or should they be by any power evicted therefrom, 
the said party hereto of the second part, may terminate this 
agreement by an instrument duly executed in writing and under 
seal. 

3fn tXJitneBB tDljcreof, the parties hereto by their respective 
officers have hereunto set their hands and seals the day and year 
first above written. 

Theodore Kilian 
(corporate seal.) President 

Dr. G. Langmann 

Secretary 

The New York Free Circulating Library. 
By Henry E. Pellew 
(corporate seal) President 

William Greenough 

Secretary. 



XLVII, 

LEASE BY THE GERMAN HOSPITAL AND DISPEN- 
SARY OF AN ADDITION TO THE PREMISES 
NO. 135 SECOND AVENUE. 



Dated 12 July, 1897. 

®t)is ^qteement, made this 12th day of July, 1897, by and 
between The German Hospital and Dispensary, a corpora- 
tion created by and existing under the laws of the State of New 
York, party of the first part, and The New York Free Circu- 
lating Library, a corporation created by and existing under 
the laws of the State of New York, party of the second part, 

toitneoaetl), t!)Ot Ujljercas the said party hereto of the first part 
did by a certain agreement, bearing date May i6th, 1884, lease 
to the party of the second part hereto, " so long as the said 
" party of the second part hereto shall be engaged in carrying 
" out the objects for which it is incorporated, to wit, furnishing 
" free reading to the people of the City of New York, said de- 
" scribed premises to be used for a circulating library and read- 
" ing rooms and the purposes necessary thereto and for no 
" other purpose ", — 

2111 that certain lot, piece or parcel of land, with the buildings 
and improvements thereon erected, situate in the City of New 
York and bounded and described as follows: jBegitttling at a 
point on the westerly side or line of Second Avenue distant 

183 



184 NE W YORK FREE CIRCULA TING LIBRAR Y. 

forty-eight (48) feet northerly from the northwesterly corner of 
Second Avenue and Eighth Street and from thence running 
westerly on a line parallel with Eighth Street seventy-two (72) 
feet Six (6) inches, thence running northerly on a line parallel 
with Second Avenue twenty (20) feet, thence running easterly 
on a line parallel with Eighth Street seventy two (72) feet six 
(6) inches to the westerly side or line of Second Avenue, and 
thence running southerly along the westerly side or line of 
Second Avenue twenty (20) feet to the point or place of begin- 
ning; and 

£Ot)eteas since the date of said agreement first herein men- 
tioned there has been erected at the rear of the premises in said 
agreement and in this instrument last hereinabove described an 
addition to the building existing at the date of the first men- 
tioned agreement, and it is the intention of the parties to this 
agreement that the said parties hereto of the second part should 
hold and occupy premises in the rear of the premises in the first 
agreement described being twenty (20) feet in width (the full 
width of said lot) and forty-seven (47) feet six (6) inches in 
depth on each side with the buildings thereon erected, or now 
in course of erection under the same terms and agreement as 
those provided for in said agreement of May 16, 1884, 

NotO tijcrefore in consideration of these presents and of the 
sum of One Dollar (f i.) in hand paid by the said party hereto 
of the second part to the said party hereto of the first part, the 
receipt whereof is hereby acknowledged, the said party hereto 
of the first part doth hereby covenant and agree that the said 
party hereto of the second part shall have the sole and exclusive 
use and occupation of the said lot and buildings in the rear of 
the premises in the said agreement of May 16, 1884, described,— 
being the full width of said lot, viz., twenty (20) feet in front 
and rear, and forty-seven (47) feet six (6) inches in depth on 
each side, under the same terms and conditions as were pro- 
vided by said agreement of May 16, 1884, 

^nb the said party hereto of the second part doth hereby 
covenant and agree that it will fully carry out and perform all 



LEASE OF ADDITION TO NO. 13s SECOND A VENUE, 1897. 185 

the covenants and agreements in said agreement of May 16, 1884 ; 
and 

It is mutttalls cocenontcb aitb ogrecb by and between the 
parties to these presents, each for itself and its successors, that 
the additional piece or plot of land by this agreement demised 
shall be held and enjoyed by the party hereto of the second part 
in the same manner as if said additional plot of land and build- 
ing had been included in said agreement of May 16, 1884. 

3n roitncss roI)ercof the parties hereto by their respective 
officers have hereunto set their hands and seals the day and year 
first above written. 

The New York Free Circulating Library 
(corporate seal.) By J. Frederic Kernochan, 

President. 
Attest: Francis C. Huntington, 

Secretary. 

(corporate seal.) Theodore Kilian, 

President of the German Hos- 
Wm. Balsen, pital and Dispensary in the 

Secretary. City of New York. 



XLVIII. 

EXTRACTS FROM THE WILL OF OSWALD 
OTTENDORFER. 



Will dated 22 May, 1891. 

Codicil I. dated 25 May, 1892. 

Codicil II. dated 29 November, 1897. 

Codicil III. dated 30 October, 1900. 
Admitted to Probate in New York, 28 March, 1901. 

Recorded Liber 648 of Wills, page 409. 



Will. Article Fifteenth. 

I give and bequeath unto the New York Free Circulating 
Library in the City of New York, the sum of Twenty thousand 
dollars. 

Codicil IH. Article Eighth. 

If the New York Free Circulating Library, mentioned 
in the Fifteenth Article of my said will, shall prior to my death 
be consolidated with any other library corporation, it is my will 
that the legacy of Twenty thousand dollars given by said article 
of my will unto the said New York Free Circulating Library 
shall pass to and vest in such consolidated corporation.* 

* On 16 December, 1901, the sum of $20,000 was received from Mr. Otten- 
dorfer's estate in payment of this legacy and added to the Principal Account of 
the Circulating Department of The New York Public Library. 

186 



XLIX. 

CORRESPONDENCE AND RESOLUTIONS RELATING 

TO THE GIFT BY CATHERINE W. BRUCE OF 

THE GEORGE BRUCE BRANCH LIBRARY 

AND ITS SPECIAL ENDOWMENT FUND. 



Letter of Miss Bruce. 

17 January, 1887. 
Benjamin H. Field, Esq., 

President N. V. Free Circ. Lib. 

Dear Sir: 

I propose to devote Fifty thousand dollars to the erection and 
maintenance of a Branch of the N. Y. Free Circ. Lib. to be 
called "The George Bruce Branch of the Free Crc. Library." 
As the purchase of a lot of land will be necessary and cash 
needed therefor, I enclose my check for $10,000 towards that 
object. The remainder will be paid at such times and in such 
manner as you will kindly inform me is most desirable. 

Very Respectfully Yours, 

Cath. W. Bruce. 

2. 

Extract from the Minutes of the Trustees of The 
New York Free Circulating Library. 

21 January, 1887. 

to]l)e«a6. An offer has been made to the New York Free Cir- 
culating Library by Miss Catherine W. Bruce of Fifty Thousand 

187 



188 NE W YORK FREE CIRCULA TING LISRAR Y. 

Dollars ($50,000) to establish a Branch Library to be named the 
George Bruce Branch of the N. Y, Free Circulating Library, 

Ef60lt)«&, that the Board of Trustees in behalf of the Society 
most gratefully accept this munificent gift and that the branch 
to be thus established be named the George Bruce Branch of the 
N. Y. Free Circulating Library; and 

Kesoltieb, that the thanks of the Board be tendered to Miss 
Catherine W. Bruce for her most generous gift, with the assur- 
ance that it shall be so invested and managed that her bounty 
shall prove a lasting benefit to the people of the City of New 
York; and 

Eeeolueit, that the Secretary be instructed to forward to Miss 
Bruce a suitably engrossed copy of the foregoing resolutions. 

3. 

Extract from the Minutes of the Trustees of The 
New York Free Circulating Library. 

10 May 1887. 

tXJljetcas, Miss Catherine W. Bruce has promised to the New 
York Free Circulating Library the sum of $60,000 to found a 
Free Circulating Library in memory of her Father George Bruce, 
and 

tol)«reos, Miss Bruce has paid in the sum of $40,000 on ac- 
count thereof and is prepared to pay the balance thereof when 
the same is required, and 

tt)l)creos, the site and building have been decided upon and 
the cost of the same will amount to $50,000 or thereabouts, and 

tDI)ereos, Miss Bruce has expressed a wish that $10,000 of 
said sum should be always held in special investment for the 
purposes of the Bruce Library and the income only used, and 
also desires that the memorial so established should be always 
maintained by the Society, 

Hesploeb, That the sum of $10,000 at least, part of such 
amount, be invested and the income used for the purpose of the 



GIFT OF CATHERINE W. BRUCE. 189 

Bruce Library alone, and that the entire amount of $60,000 be 
always held separate for the purpose of this Memorial, and should 
the building and lot now selected for the Bruce Library be ever 
for any cause sold or destroyed by fire, that the proceeds be 
employed in the establishment of another Library in some place 
in this City to be selected and always held and maintained in 
the same name and for a perpetual memorial to George Bruce.* 

* Miss Bruce increased the endowment fund of the Bruce Branch Library by 
various gifts which were accepted by the Trustees in the terms of this resolution. 
These additional gifts were as follows : 
7j May, iSgo. 

$10,000 Chicago & Eastern Illinois R.R. Co. 5 % General Consolidated 
First Mortgage Bonds. $10,000 Nashville, Chattanooga & St. Louis R.R. 
Co. First Consolidated Mortgage 5 % Bonds. 

13 May, i8g4. 

|io,ooo Third Avenue Railroad Company First Mortgage 5^ 50 Year 
Gold Bonds. 

The endowment fund at the time of the consolidation with The New Yorlc 
Public Library, Astor, Lenox and Tilden Foundations, 25 February, igoi, was 
invested as follows : 

$10,000 Chicago & Eastern Illinois Railroad Consolidated 5-per-cent Bonds. 
$10,000 Nashville, Chattanooga & St. Louis Railroad Consolidated 5-per-cent 

Bonds. 
$10,000 Third Avenue Railroad Company of New York First Mortgage 5-per-cent 

Bonds. 
$6,000 Louisville & Nashville Railroad Unified 4-per-cent Gold Bonds. 
$4,000 Henderson Bridge Company First Mortgage 6-per-cent Bonds. 



L. 

DEED BY SAMUEL McMILLAN AND WIFE OF THE 

PREMISES NO. 226 WEST 42ND STREET, 

THE GEORGE BRUCE BRANCH 

LIBRARY SITE.* 



Dated 9 March, 1887. 

Recorded in New York Registers' Office, 26 March, 1887. 

Liber 2027 of Conveyances, page 306. 

Qri)ia 3n&enttire made the ninth day of March, in the year of 
our Lord one thousand eight hundred and eighty seven, 
between Samuel McMillan of the City, County and State 
of New York, and Elizabeth McMillan, his wife, parties of 
the first part, and The New York Free Circulating Library, a 
Corporation duly chartered by Chapter 166 Laws of 1884, of the 
same place, party of the second part 

toitncssetl) That the said parties of the first part, for and in 
consideration of the sum of Twenty Seven Thousand Dollars 
lawful money of the United States of America to them in hand 
paid by the said party of the second part, at or before the enseal- 
ing and delivery of these presents, the receipt whereof is hereby 
acknowledged and the said party of the second part forever re- 
leased and discharged from the same by these presents, have 
granted, bargained, sold, aliened, remised, released, conveyed 
and confirmed and by these presents do grant, bargain, sell, alien, 

* The erection of the George Bruce branch library building was begun in May, 
1887, and was completed and the library opened to the public, 6 January 1888. 
The building cost, with land, and including equipment, the sum of $59,250.34, 
which was paid for out of the gift of Miss Catherine W. Bruce. 

190 



DEED OF No. 326 WEST FORTY-SECOND STREET. 191 

remise, release, convey and confirm unto the said party of the 
second part and to its successors and assigns forever, ^U that 
certain lot piece or parcel of land situate lying and being on the 
Southerly side of Forty second Street between the Seventh and 
Eighth Avenues in the City of New York and bounded and de- 
scribed as follows — 

dTommcndng at a point on the Southerly side of Forty second 
Street, distant three hundred feet Westerly from the South- 
westerly corner of Seventh Avenue and Forty second Street, 
running thence Southerly and parallel with Seventh Avenue 
Ninety eight feet and nine inches to the centre line of the Block 
between Forty first and Forty second Streets, thence Westerly 
along said centre line of the Block and parallel with Forty 
second Street twenty ^ve feet, thence Northerly and again 
parallel with Seventh Avenue Ninety eight feet nine inches to 
the Southerly side of Forty second Street, and thence Easterly 
along the same twenty five feet to the point or place of begin- 
ning. Being the same premises conveyed to the said Samuel 
McMillan by the Executors of John H. Power deceased, by deed 
bearing date May 13th, 1881, and recorded in the Office of the 
Register of the City and County of New York in Liber 1591 of 
Conveyances, page 431, May 14th, 1881. 

SEogctljer with all and singular the tenements, hereditaments 
and appurtenances thereunto belonging or in any wise apper- 
taining and the reversion and reversions, remainder and remain- 
ders, rents, issues and profits thereof. 

3lnb also all the estate, right, title, interest, dower and right of 
dower, property, possession, claim and demand whatsoever as 
well in law as in equity of the said parties of the first part of in 
and to the same and every part and parcel thereof with the 
appurtenances. 

SCo l)Ot)e ontr to IjOlir the above granted, bargained and de- 
scribed premises with the appurtenances unto the said party of 
the second part, its successors or assigns, to its and their own 
proper use benefit and behoof forever. 

Subject l)OtDet)er to the terms, covenants and conditions of a 



193 NE W YORK FREE CIRCULA TING LIBRAR V. 

certain Lease made by John Morss to John Glency and the re- 
newal thereof by John H. Power to Catharine M. Carroll, and 
recorded respectively in the Office of the Register of the City 
and County of New York in Liber 478 of Conveyances, page 310, 
May 7th 1845, and Liber 961 of Conveyances, page 333, April 
14th, 1866. ^n& the said party of the second part in considera- 
tion of this Conveyance doth for itself its successors and assigns 
covenant promise and agree to and with the said parties of the 
first part, and this Conveyance is made and accepted upon the 
express condition, that if the said party of the second part its 
successors and assigns shall forthwith commence the erection 
upon said described lot of land, and will erect or cause to be 
erected thereon a good and substantial building suitable for the 
uses of a Public Library, and that said described premises and 
the said building and structure to be erected thereon shall be 
used and occupied by the said party of the second part its suc- 
cessors and assigns for the uses and purposes of a Free Circu- 
lating Public Library, for the benefit of the inhabitants of the 
City of New York and elsewhere and objects connected there- 
with for the term a period of Twenty five years from and after 
the date hereof and shall not during said period be used and 
occupied by the said party of the second part its successors 
and assigns for any other use or purpose whatever. 'HixiiS the 
said Samuel McMillan for himself and his heirs doth covenant 
grant and agree to and with the said party of the second part, 
its successors and assigns, that the said Samuel McMillan at the 
time of the sealing and delivery of these presents is lawfully 
seized in his own right of a good absolute and indefeasible 
estate of inheritance in fee simple of and in all and singular the 
above granted, bargained and described premises, with the appur- 
tenances, subject as aforesaid, and hath good right, full power 
and lawful authority to grant, bargain, sell and convey the same 
in manner and form aforesaid. 2tnb that the said party of the 
second part, its successors and assigns, shall and may at all 
times hereafter peaceably and quietly have hold use occupy 
possess and enjoy the above granted premises and every part 
and parcel thereof with the appurtenances without any let, 
suit, trouble, molestation, eviction or disturbance of the said 



DEED OF No. 226 WEST FORTY-SECOND STREET. 193 

parties of the first part, their heirs or assigns, or of any other 
person or persons lawfully claiming or to claim the same. %x(ii 
that the same are now free, clear, discharged and unencumbered 
of and from all former and other grants, titles, charges, estates, 
judgments, taxes, assessments and encumbrances of what nature 
or kind soever except as aforesaid. fJtltb also that the said 
parties of the first part and their heirs and all and every other 
person or persons whomsoever lawfully or equitably deriving 
any estate, right, title or interest of in or to the hereinbefore 
granted premises by, from, under or in trust for them shall and 
will at any time or timeshereafter, upon the reasonable request 
and at the proper costs and charges in the law of the said 
party of the second part, its successors and assigns, make do 
and execute or cause or procure to be made done and exe- 
cuted all and every such further and other lawful and rea- 
sonable acts, conveyances and assurances in the law for the 
better and more effectually vesting and confirming the prem- 
ises hereby intended to be granted in and to the said party 
of the second part, its successors and assigns forever, as by the 
said party of the second part, its successors or assigns or its 
or their counsel learned in the law, shall be reasonably de- 
vised advised or required. ^Itlb the said Samuel McMillan 
for himself and his heirs the above described and hereby 
granted and released premises and every part and parcel 
thereof with the appurtenances unto the said party of the 
second part, its successors and assigns, against the said par- 
ties of the first part and their heirs and against all and every 
person or persons whomsoever lawfully claiming or to claim 
the same shall and will warrant and by these presents for- 
ever defend. 

Sn fiOitnCBO ttJIjercof the parties to these presents have 
hereunto set their hands and seals the day and year first 
above written. 

Samuel McMillan (l.s.) 

Elizabeth McMillan (l.s.) 

(corporate The New York Free Circulating Library 
seal) By Benj. H. Field 

President 



LI. 



CORRESPONDENCE RELATING TO THE GIFT BY 

GEORGE W. VANDERBILT OF THE JACKSON 

SQUARE BRANCH LIBRARY. 



Letter of Mr. Vanderbilt. 

12 April, 1887. 
My Dear Mr. Whitridge: 

I have purchased the lot known as 251 West 13'*" St., just out 
of Jackson Square. 

It is my desire to take down the present building and erect 
thereon a suitable structure for library purposes, and present 
the same to the Free Circulating Library when completed. 
Will you kindly inform the Trustees of this at their next meet- 
ing, and see if this plan meets with their approval, and oblige 

Yours very truly, 

Geo. W. Vanderbilt. 



194 



GIFT OF GEORGE IV. VANDERBILT. 195 



Extract from the Minutes of the Trustees of The 
New York Free Circulating Library. 

12 April, 1887. 

Uesolocb, That the intention of Mr. George W. Vanderbilt, 
in respect to the erection of a building suitable for library pur- 
poses upon the premises known as No. 251 West 13th Street, 
and the presentation of the same when completed to this Cor- 
poration, as expressed in his letter of April 12, 1887, presented 
to the Board by Mr. Whitridge, be and the same hereby are 
cordially approved, and that when the building shall be pre- 
sented to the Corporation it will be gratefully accepted and 
forever maintained as a Free Circulating Library. 



Extract from the Minutes of the Trustees of The 
New York Free Circulating Library. 

14 February, 1888. 

Whereas, Mr. Vanderbilt has authorized the Trustees to ex- 
pend $5, 000 for books, and requests that the library be called 
the Jackson Square Branch, it was 

Uesobelr, That the library presented by Mr. Vanderbillt be 
called the Jackson Square Branch. 



LII. 



DEED BY GEORGE W. VANDERBILT OF THE PREM- 
ISES NO. 251 WEST 13th STREET, FOR THE JACK- 
SON SQUARE BRANCH LIBRARY BUILDING*. 



Dated 15 June, i888. 

Recorded in New York Register's Office, 3 July, 1888. 
Liber 2147 of Conveyances, page 359. 



®l)is iJltbcnture made the fifteenth day of June in the year 
one thousand eight hundred and eighty eight. 

J8«ttDCCn George W. Vanderbilt of the City County and 
State of New York (unmarried) party of the first part and the 
New York Free Circulating Library, a corporation created 
and existing under and by virtue of the laws of the State of 
New York party of the second part. 

iDitncssetl) That the said party of the first part for and in 
consideration of the sum of one dollar lawful money of the 
United states of America to him in hand paid by the said party 
of the second part at or before the ensealing and delivery of 
these presents the receipt whereof is hereby acknowledged, and 
the said party of the second part forever released and dis- 
charged from the same by these presents, has granted bar- 
gained sold aliened remised released conveyed and confirmed 
and by these presents does grant bargain sell alien remise re- 

* The library building was completed and formally presented to the Trustees 
by Mr. Vanderbilt on June 15, 1888, fully equipped ; accepted by the Trustees, 
20 June, 1888 ; and opened to the public, 6 July, 1888. 

196 



DEED OF NO. zji WEST THIRTEENTH STREET. 197 

lease convey and confirm unto the said party of the second 
part and to its successors and assigns forever. 

<M1 that certain lot piece or parcel of ground with the library 
Building erected thereon situate lying and being in the Ninth 
Ward of the City of New York, on the northeasterly side of 
Thirteenth Street near its intersection with Greenwich Lane, 
and known and distinguished on map No. 3 of a piece of land 
situated at Greenwich in the Ninth Ward of the city of New 
York, showing a division of the same between the heirs of John 
Rogers, deceased, made by Daniel Ewen and Thomas R. Ludlam, 
City Surveyors, dated May 1824, by the number 88 (eighty eight), 
being bounded southwesterly in front by Thirteenth Street, 
Northwesterly by lot number Eighty seven (87) on said Map, 
now or late of Peter Burns, Northeasterly in the rear by lot 
number eighty (80) on said map, now or late of John Rogers, 
and southeasterly by lot number eighty nine (89) on said map, 
now or late of the said John Rogers. 

Containing in breadth in front and rear each twenty five 
feet and in length on each side One hundred and three feet, 
three inches. 

Being the same premises conveyed to the said party of the first 
part by Hugh McGinty by deed bearing date May Twenty eighth, 
One thousand eight hundred and eighty seven, and recorded in 
the office of the Register of the City and County of New York 
in Liber 2070 of Conveyances, page 66. 

®O0et[)et with all and singular the tenements, hereditaments, 
and appurtenances thereunto belonging or in any wise apper- 
taining,and the reversion and reversions, remainder and remain- 
ders, rents, issues and profits thereof. 

<^nb also all the estate, right, title, interest, property, possession, 
claim and demand whatsoever as well in law as in equity of the 
said party of the first part of in and to the same and every part 
and parcel thereof, with the appurtenances. 

So l)Ot)C an& to l)ol& the above granted bargained and de- 
scribed premises with the appurtenances unto the said party of 
the second party its successors and assigns to its and their only 
use and benefit and behoof forever. 



198 NE W YORK FREE CIRCULA TING LIBRAR Y. 

^nb the said George W.Vanderbilt for himself, his heirs, ex- 
ecutors and administrators, does hereby covenant, grant and 
agree to and with the said party of the second part, its success- 
ors and assigns, that the said George W.Vanderbilt at the time 
of the sealing and delivery of these premises is lawfully seized 
in his own right of a good, absolute and indefeasible estate of 
inheritance in fee simple of and in all and singular the above 
granted and described premises, with the appurtenances, and 
has good right, full power and lawful authority to grant, bar- 
gain, sell and convey the same in manner and form afore- 
said. 

^nb that the said party of the second part, its successors and 
assignSjShall and may at all times hereafter peaceably and quietly 
have hold, use, occupy, possess and enjoy the above granted prem- 
ises and every part and parcel thereof, with the appurtenances, 
without any let, suit, trouble, molestation, eviction or disturbance 
of the said party of the first part, his heirs or assigns, or of any 
other person or persons lawfully claiming or to claim the same. 

^nb that the same now are free, clear, discharged and unen- 
cumbered of and from all former and other grants, titles, charges, 
estates, judgments, taxes, assessments and encumbrances of what 
nature or kind soever. 

!^nb also that the said party of the first part and his heirs and 
all and every other person or persons whomsoever lawfully or 
equitably deriving any estate, right, title or interest of in or to 
the hereinbefore granted premises by, from, under or in trust 
for him or them shall and will at any time or times hereafter, 
upon the reasonable request and at the proper costs and charges 
in the law of the said party of the second part,its successors and 
assigns, make, do and execute, or cause or procure to be made, 
done and executed all and every such further and other lawful 
and reasonable acts, conveyances, and assurances in the law for 
the better and more effectually vesting and confirming the prem- 
ises hereby intended to be granted in and to the said party of 
the second part, its successors and assigns forever, as by the said 
party of the second part, its successors or assigns, or its or their 



DEED OF NO. 251 WEST THIRTEENTH STREET. 199 

counsel learned in the law shall be reasonably devised advised 
or required 

^nb the said George W. Vanderbilt and his heirs the 
above described and hereby granted and released premises and 
every part and parcel thereof with the appurtenances unto the 
said party of the second part, its successors and assigns, against 
the said party of the first part and his heirs, and against all and 
every person or persons whomsoever lawfully claiming or to 
claim the same, shall and will Warrant and by these presents 
forever Defend. 

In toitness iDl)er«of the said party of the first part has here- 
unto set his hand and seal the day and year first above written. 

Geo. W. Vanderbilt (l.s.). 



LIII. 



EXTRACT FROM THE WILL OF CORDELIA MARTIN 

DUKE. 



Will Dated 27 November, 1888. 

Admitted to Probate in New York, 10 April, iB 

Recorded Liber 417 of Wills, Page 193. 



Article Sixth. 



I give and bequeath to my Executors the sum of one hun- 
dred and fifty thousand dollars in trust to invest and reinvest 
the same and to pay the net annual income thereof as received 
to my husband William Smithson Duke, during the term of his 
natural life, and upon his death I give and bequeath the said 
sum of one hundred and fifty thousand dollars as follows: 



(8) To The New^ York Free Circulating Library, three 
thousand dollars.* 



*0n March 12th 1895, the sum of $3,041.80 was received from this legacy 
and added to the " Permanent Fund." 

200 



LIV. 
EXTRACT FROM THE WILL OF CHARLES M. DA COSTA. 



Will Dated March 31, 1890. 
Admitted to Probate New York, 30 June, 1890. 
Recorped Liber 432 of Wills, Page 385. 



Article Second. 

I give and bequeath to the following corporations created 
under the laws of the State of New York, and all being in the 
City of New York (except the two last named) the amounts 
severally herein indicated, that is to say: 



To The New York Free Circulating Library the sum of fifteen 
hundred dollars.* 



* Payment of this legacy was received on May 6, 1891; and the amount of 
$1500 was added to the " Permanent Fund." 

201 



LV. 
EXTRACTS FROM THE WILL OF MARY A. EDSON.* 



Will Dated 2 May, 1890. 

Codicil I Dated 22 May, 1890. 

Codicil II Dated 27 May, 1890. 

Codicil III Dated 27 May, 1890. 
Admitted to Probate in New York, 14 January, 1891. 

Recorded Liber 447 of Wills, Page 37. 



Will. Article Eighth. 

All the rest, residue and remainder of my estate, both real 
and personal and wheresoever situate, I dispose of as follows: 



All the rest, residue and remainder of my estate, I give and 
bequeath to my executors, to be divided by them among such 

* Mrs. Edson died 29 May, 1890. On 23 June, 1890, a Deed of Gift (printed 
on page 204 infra) was executed by the Executors and the Rev. Dr. William R. 
Huntington, by which The New York Free Circulating Library was given one- 
fifteenth of the residuary estate. 

On 20 January, 1891, letters testamentary were issued to Charles S. Fairchild, 
John A. Bartow and John E. Parsons, as Executors under the will. A contest 
having arisen, certain legacies under the will were declared void, and these 
amounts increased the residue of the estate and were distributed in accordance 
with the terras of the " Deed of Gift " subsequently. 

The first payment, of $8,000, was made in 1898; the second, of $8,450, in 1899; 
and a third and final payment, of $3,485.03, on 27 February, 1902, subsequently 
to the consolidation; making the total amount received under Mrs. Edson's will 
$I9>935.03, which at the various times as received was added to the "Permanent 
Fund," and is now a part of the Principal Account of the Department of Circu- 
lation of The New York Public Library. 

202 • 



WILL OF MARY A. ED SON. 208 

incorporated religious, benevolent and charitable societies of 
the City of New York and in such amounts as shall be appointed 
by them with the approval of my friend the Rev. Dr. William 
R. Huntington, if living. 

If for any reason any legacy or legacies left by this my will 
either pecuniary or residuary shall lapse or fail, I give and 
bequeath the amount thereof absolutely to the persons named as 
my executors. In the use of the same I am satisfied that they 
will follow what they believe to be Aiy wishes. I impose 
upon them however no condition, leaving the same to them per- 
sonally and absolutely, and without any limitation or resti- 
tution. 

^ ^ Sp !|C Sp •!* 

Codicil II. Article Fifth. 

The rest, residue and remainder of my estate not disposed 
of by my will or by any codicil, I give and bequeath to my 
executors, to be divided by them among such incorporated 
religious, benevolent and charitable societies of the City of 
New York and in such amounts as shall be fixed or appointed 
by them, with the approval of my friend the Rev. Dr. William 
R. Huntington, if living. 



LVI. 
DEED OF GIFT UNDER THE WILL OF MARY A. EDSON. 



Dated 23 June, 1890. 

^novo all men bg tl)esc jiresentB, that we, John E. Parsons, 
John A. Bartow and Charles S. Fairchild, named as executors 
to the last Will and Testament of Mary A. Edson, deceased, 
bearing date the second day of May, 1890, do hereby appoint 
and give all the residuary estate which is by the said will or by 
any of the codicils thereto given and bequeathed to us as execu- 
tors thereof or individually, or over which we have any power 
of appointment or distribution, after the payment of all just and 
lawful expenses and charges, to and among the following reli- 
gious, benevolent and charitable societies in the City of New 
York, in the shares specified, namely : 

iFirst : To any corporation or society to which under the said 
will or any of the codicils thereto has been given any pecuniary 
legacy, which legacy shall for any reason whatsoever have lapsed 
or failed, we give and appoint the amount of such legacy as 
given by the said will or codicil thereto. 

Seconb : So much of the said residuary estate as may be left 
after the payment of any lapsed or failed legacies as above pro- 
vided, we do hereby appoint and give to the following named 
religious, benevolent and charitable societies of the City of New 
York, in the following proportions, to wit: 

To the Cathedral Church of St. John the Divine in the Dio- 
cese of New York, one-third of the said residue. 

To the House of Mercy, New York, one-fifteenth of the said 
residue. 

204 



DEED OF GIFT UNDER WILL OF MARY A. ED SON. 205 

To the Charity Organization Society of the City of New York 
and the Association for Improving the Condition of the Poor in 
the City of New York, one-fifteenth of the said residue to be 
equally divided between them. 

To the Children's Aid Society of the City of New York, one- 
fifteenth of the said residue. 

To the Young Women's Christian Association of the City of 
New York, one-fifteenth of the said residue. 

To the Italian Mission of the Protestant Episcopal Church in 
the City of New York, one-fifteenth of the said residue. 

To the New York Free Circulating Library of the City of 
New York, one-fifteenth of the said residue. 

To St. Luke's Home for Indigent Christian Females, one-fif- 
teenth of the said residue. 

To the Sheltering Arms of the City of New York, one-fifteenth 
of the said residue.' 

To the Home for Incurables, at Fordham, in the City of New 
York, one-fifteenth of the said residue. 

To the Woman's Hospital, in the State of New York, one- 
fifteenth of said residue. 

^nb if the gift or appointment of any share of the balance of 
said residuary estate to any of the incorporations above named 
shall, for any reason, fail or be held to be invalid, then we do 
appoint and give such share or shares to and among the other 
corporations, to and arriong whom the balance of the said resi- 
duary estate has been given and appointed, in equal shares; the 
object of this instrument being that all the residuary estate of 
the said Mary A. Edson, over which we have, under the terms 
of the said will, or any of the codicils thereto, the power of 
appointment or distribution, or which may have been devised or 
bequeathed to us under the said will or any of the codicils 
thereto absolutely, may by these presents be and become vested 
in the corporations or societies above named in the proportions 
above set forth, so that neither we nor any of our successors, as 
executors of said will, not either of us individually, nor our 
respective heirs, executors, administrators or assigns, may at 
any time claim or have any interest or right whatsoever in or to 



306 NEW YORK FREE CIRCULATING LIBRARY. 

said residuary estate of said Mary A. Edson, or any portion 
thereof, either by way of appointment or otherwise. 

It being expressly understood, however, that nothing in this 
instrument contained shall affect the right of the said Charles S. 
Fairchild or John A. Bartow to accept and receive the specific 
legacies of the capital stock of the Edison Electric Light Com- 
pany and the Celluloid Manufacturing Company in said will 
given to them. 

^nb I, the Rev. William R. Huntington, for the purpose of 
signifying my approval of the appointments above made, do 
hereby join in the execution of this instrument. 

3n tnitncsa toljetcof, we have hereunto set our hands and 
seals this twenty-third day of June, in the year of our Lord one 
thousand eight hundred and ninety. 

Jno. E. Parsons, [l.s.] 

John A. Bartow, [l.s.] 

Charles S. Fairchild, [l.s.] 

Wm. R. Huntington, [l.s.] 



LVII. 

EXTRACTS FROM THE WILL OF 
EZEKIEL J. DONNELL.* 



Will Dated i6 October, iSgj. 
Admitted to Probate in New York 6 February, i8 
Recorded Liber 546 of Wills, Page 45. 



Article Sixth. 



The remainder of my estate and any other portions of said 
estate embraced under the provisions of this will, which would 
otherwise lapse, I give, devise and bequeath, upon the death of 
both my wife and daughter, to the children of my daughter then 
surviving and to the issue of such of said children as may have 
died; in equal shares. 

Article Seventh. 

In case no children of my said daughter, nor the issue of such 
children, shall survive my wife and daughter, then I give and 
devise, upon the death of my said wife and daughter, all of the 
estate mentioned in the Sixth clause or article of this will, to 
The New York Free Circulating Library, a Corporation incor- 
porated under an Act of the Legislature of the State of New 
York, passed April i8th, 1884, to be applied to the promotion of 
the beneficent purposes of said corporation. I direct that the 
estate so devised to the said New York Free Circulating Library 
be applied by said corporation to the erection of a fire proof 

*Mr. Donnell died 24 January, 1896. Letters testamentary were issued 
6 February, 1896, to the United States Trust Company of New York, the execu- 
tor and trustee named in the will. 

307 



308 NEW YORK FREE CIRCULATING LIBRARY. 

building suitable and proper for the purposes of a Library, and 
a fit Memorial of my children as hereinafter mentioned, which 
building shall be supplied with books for free circulation, and 
'/shall be called and designated the Donnell Free Circulating 
\Library and Reading Room. And I direct that there shall be 
maintained therein a reading room, ample and commodious, 
which shall be open every day in the week to the public, without 
charge, from noon until ten o'clock in the evening, and in which 
young people can spend their evenings profitably away from 
demoralizing influences. I further direct that there 'shall be 
placed therein a suitable tablet stating that the building itself 
and the library contained therein, are erected and maintained 
as a memorial to my children, Alfred, Theodore, Grace and 
Florence T. Donnell. And my said wife and daughter haying 
expressed to me a desire to devise and bequeath for the same 
purpose certain portions of their property, I request and author- 
ize the said The New York Free Circulating Library to respect' 
the instructions of my said wife and daughter as to the design 
and construction of the said building, the selection of books and 
the management of said Library so far as the same shall be 
not inconsistent with the main purposes hereinbefore expressed. 



LVIII. 

CORRESPONDENCE AND RESOLUTION RELATING 

TO THE GIFT OF JACOB H. SCHIFF, TO 

ESTABLISH A "BOOK FUND." 



1. 

Letter of Mr. Schiff. 

J. Frederic Kernochan, Esq., 

Chairman. 

November 23, 1896. 
My Dear Sir. — 

At the last meeting of the Trustees, I already indicated that 
it is my desire to withdraw from the Board, and I now hereby 
tender my resignation. 

I trust it will be fully understood that my interest in the 
success of the New York Free Circulating Library will remain, 
even after my withdrawal from its management. I have seen 
the Society grow from very small proportions to one, as it is 
now, of considerable size, and I feel that if it is to have the 
further growth which it should enjoy, and if it is to furnish the 
benefits and facilities which the people of the city have a right 
to expect from it, constant energetic and active work must be 
done by the Trustees. 

My own duties have become so manifold, that I feel I cannot 
do justice to the position of trustee. I believe that some young 
blood should be infused into the management, so that the 
Society may profit, as it needs, by the enthusiasm and aggres- 
siveness which can best be brought into its management by the 
election of younger men. 

209 



210 NEW YORK FREE CIRCULATING LIBRARY. 

At the last meeting, at which I was present, a desire was 
expressed that I continue to act as Treasurer. If, under the 
by-laws, it is possible that I do this, without being a trustee, I 
shall be glad to retain the treasurership ; if not, I trust tlje 
Trustees will find it convenient to appoint my successor at an 
early day. 

I desire to turn over to the Treasurer $5,000 in 5^ South & 
North Alabama Gold Bonds (Louisville & Nashville R.R. Main 
Line), to form the nucleus for a " Book-Fund," the income of 
which alone shall be used from time to time for the acquisition 
of new books, and I hope the Trustees will make an endeavor 
that this Fund shall be added to by others from time to time. 

Very truly yours, 

Jacob H. Schiff. 



Extract from the Minutes of the Board of Trustees 
OF The New York Free Circulating Library. 

8 December, 1896. 

Kcsobeb that the thanks of the Board of Trustees of The 
New York Free Circulating Library be tendered to Mr. Jacob 
H. Schiff for his generous gift of $5,000 for the nucleus of a 
Book Fund which the Board accepts and agrees to use under 
the condition imposed by him, viz.: "the income alone from 
time to time for the acquisition of new books" and also that 
the Board gladly takes this occasion to thank him for his many 
services to the Library and for the many proofs of interest in its 
work which he has shown in the past.* 

*At the time of the consolidation with The New York Public Library, Astor, 
Lenox and Tilden Foundations, 25 February, 1901, this fund was invested in 
$5,000 South and North Alabama Railroad Company 5-per-cent. Gold Bonds. 



LIX. 

EXTRACTS FROM THE WILL OF SUSAN W. PROUDFIT 
ESTABLISHING "THE PROUDFIT FUND." 



Will Dated 25 September, i8go. 

Admitted to Probate in New York, 20 January, 1892. 
Recorded Liber 465 of Wills, Page 224. 



13. In case my said brother Alexander M. Proudfit shall 
predecease me or shall die after me but before attaining an 
absolute interest in the corpus of the whole or part of my 
estate so bequeathed to him as aforesaid, then as to so much 
thereof the bequest of which will lapse by his death before 
attaining such absolute interest I make the following alterna- 
tive bequests to take effect only in the event of such lapse : 
****** 

(L.) I give and bequeath to the New York Free Circulating 
Library the sum of Fifteen thousand Dollars ($15,000). It is 
my desire that the same shall be invested and known as " The 
Proudfit Fund " and the income only thereof to be used for the 
purposes of said Library.* 

* There was received from this legacy $2,797.50, the estate not being sufficient 
to pay the legacy in full. By the will of Alexander M. Proudfit there was be- 
queathed to The New York Free Circulating Library the further sum of $10,000; 
and at the date of the consolidation with The New York Public Library, Astor, 
Lenox and Tilden Foundations, this sum had been received and added to the 
sum received from the above legacy — making a total of $12,797.50 held as the 
" Proudfit Fund." (See infra page 217.) 

311 



LX. 



DEED BY JOSEPHINE A. JOHNSON OF THE PREMISES 
NO. 206 WEST looTH STREET, THE BLOOMING- 
DALE BRANCH LIBRARY SITE.* 



Dated 9 February, 1898. 

Recorded in New York Register's Office, 9 February, 1898. 
Liber 52 of Conveyances, Page 3, Section 7, Block 1832. 



OTfjis 3nbentnrc made the Ninth day of February in the year 
Eighteen hundred and ninety eight. 

3etiseen Josephine A. Johnson of Orange, New Jersey, party of 
the first part, and " The New York Free Circulating Library," 
party of the second part. 

vDitnessett), That the said party of the first part, in consider- 
ation of the sum of Twelve thousand nine hundred dollars, 
lawful money of the United States, paid by the party of the 
second part, does hereby grant and release unto the said party 
of the second part, its successors and assigns forever. 

2111 that certain lot, piece or parcel of land situate, lying and 
being in the Borough of Manhattan in the City of New York, 
County and State of New York, and bounded and described as 
follows, viz. : 

©eginninj at a point on the southerly side of One hundredth 

*The erection of the library building was begun in April 1898; it was com- 
pleted and the building opened to the public on November i, 1898. 

212 



'DEED OF NO. 206 WEST ONE HUNDREDTH STREET. 213 

(100) Street distant one hundred and eighty (180) feet and one 
and one-half (i J^) inches easterly from the south-easterly corner 
of the Drive or Boulevard and One hundredth (loo) Street run- 
ning thence southerly and parallel with the Boulevard fifty three 
(53) feet and eight (8) inches more or less to the southerly line 
of lands of the party of the first part, as described in the deed 
to Joseph I. West, dated February 18, 1886, and recorded in the 
office of the Register of the county of New York in liber 1930 of 
Conveyances at page 258, thence in a southeasterly direction 
and along said southerly line in a straight line forty one (41) 
feet and seven and one half (7/^) inches more or less to the 
centre line of the old Bloomingdale Road, at a point thereon 
fifty five (55) feet Southeasterly from the southerly side of One 
hundredth (100) Street, as measured along said centre line of 
said road, thence northeasterly along said centre line of said 
Road fifty five (55) feet to the southerly side of One hundredth 
(100) Street, and thence Westerly along the said southerly side 
of said One Hundredth (100) Street forty three (43) feet to the 
point or place of beginning. 

2lIeo the right title and interest of the said party of the first 
part in and to so much of One hundredth (100) Street as lies 
adjacent to and opposite to the said lots above described to the 
centre of said Street. 

®OgCtl)ei: with the appurtenances and all the estate and rights 
of the party of the first part in and to said premises. 

®0 l)Ot)e anb to t)0lb the above granted premises unto the 
said party of the second part and to its successors and assigns 
forever. 

2lnb the said Josephine A. Johnson the aforesaid party of the 
first part does covenant with the said party of the second part 
as follows : 

Jirst.— That she the party of the first part is seized of the 
said premises in fee simple and has good right to convey the 
same. 

Saonb.— That the party of the second part shall quietly enjoy 
the said premises. 



214 NE W YORK FREE CIRCULA TING LIBRAR Y. 

Si)irlr. — That the said premises are free from incumbrances. 

ifonrtt). — That she the party of the first part will execute or 
procure any further necessary assurance of the title to said 
premises. 

iFiftl). — That she the party of the first part will forever 
warrant the title to said premises. 

In tDitneea tol)a;eof, the said party of the first part has 
hereunto set her hand and seal the day and year first above 
written, 

Josephine A. Johnson (l.s.). 



LXI, 

EXTRACTS FROM THE WILL OF CHARLES H. 
CONTOIT. 



Will Dated g June, i886. 

Codicil I. Dated 15 March, 1887. 

Codicil II. Dated 17 January, 1893. 
Admitted to Probate in New York, 15 April, 18 

Recorded Liber 590 of Wills, Page 173. 



Will. Articlk Fifth. 



All the rest, residue and remainder of my estate real and per- 
sonal of every nature, kind and description whatsoever and 
wheresoever situate I give, devise and bequeath to my Execu- 
tors and the survivor of them In Trust to sell and dispose of 
the same and convert the same into money and to divide and 
pay over the said money and the whole of said residuary estate 
to and among the following religious and charitable institutions 

215 



216 NE W YORK FREE CIRCULA TING LIBRAR Y. 

equally share and share alike to be applied to the objects and 

uses of such institutions, viz. : 

****** 

Nineteenth. The New York Free Circulating Library.* 

* Mr. Contoit died 5 December 1897. The New York Free Circulating 
Library under his will was entitled to receive one-nineteenth of his residuary 
estate. At the time of the consolidation with The New York Public Library, Astor, 
Lenox and Tilden Foundations, 25 February, 1901, the " Charles H. Contoit 
Fund " was invested in the following securities: 

$10,000 Baltimore & Ohio First Mortgage 4-per-cent Bonds. 

$10,000 Oregon Railroad & Navigation Company 4-per-cent Bonds. 

$10,000 Norfolk & Western 4-per-cent Bonds. 

$15,000 Oregon Sbort Line Consolidated 5-per-cent Bonds. 

$17, 000 Central Pacific First Mortgage 4-per-cent Bonds. 

$20,000 Manhattan Railway 4-per-cent Bonds. 

$10,000 Atchison, Topeka & Santa Fe 4-per-cent Bonds. 

$8,000 Denver & Rio Grande 4-per-cent Bonds. 

$5,000 St. Louis, Iron Mountain & Southern Railway 5-per-cent Bonds. 

$5,000 Western New York & Pennsylvania Railroad 5-per-cent Bonds. 

$4,000 Louisville & Nashville Railroad United 4-per-cent Bonds. 

$4,000 Nashville, Chattanooga & St. Louis Railroad 5-per-cent Bonds. 

$14,000 Denver & Rio Grande 4X-per-cent Bonds. 

Subsequently to the consolidation a further and final payment was made of 
$5,511.98. 



LXII. 

EXTRACTS FROM THE WILL OF ALEXANDER M. 
PROUDFIT.* 



Will Dated 7 February, 1899. 

Admitted to Probate in New York, 17 April, 1899. 
Recorded Liber 617 op Wills, page 38. 

Article Fourth. 

Whereas my dear sister Susan W. Proudfit by her will dated 
the 25th day of September, 1890, made certain gifts and bequests 
to take effect in case she survived me, or in case I did not reach 
the age provided in her will for the termination of the trusts 
arranged by her for me, and since by reason of the fact that she 
did not survive me her estate is not suflBcient to make good the 
gift and bequests in her will contained, and I desire out of my 
great affection for her to carry out to some extent her wishes 
upon the conditions hereinafter set forth. Now 

9. I give and bequeath to the New York Free Circulat- 
ing Library the sum of Ten thousand dollars (fro, 000). It 
is my desire that the same shall be invested and known as the 
Proudfit Fund and the income only thereof be used for the pur- 
poses of said library. 

*Alexander M. Proudfit died 10 February, 1899. In 1900 the legacy of 
$10,000 was paid. This sum was added to the fund of $2,797.50 received 
from the legacy of Susan W. Proudfit (see supra page 211). 

At the time of the consolidation with The New York Public Library, Astor, 
Lenox and Tilden Foundations, 25 February, 1901, this fund was invested in 
the following securities: 
$5,000 Western New York & Pennsylvania Railroad First Mortgage 5-per-cent. 

Bonds. 
$5,000 Central Pacific First Mortgage 4-per-cent. Bonds. 
$1,000 Denver & Rio Grande 4-per-cent. Bonds. 
$1,000 Denver & Rio Grande 4^-per-cent. Bonds. 

217 



LXIII. 
EXTRACTS FROM THE WILL OF HENRY T. DORTIC* 



Will Dated 8 August, 1900. 

Admitted to Probate in New York, 12 March, 1901. 
Recorded Liber 657 of Wills, page 69. 



Article Fifth. 

I give and bequeath a separate and distinct sum of Ttiree 
thousand (3,000) dollars to each of the following Institutions;— 

****** 
(9) The Free Circulating Library of the City of New York. 



* Mr. Dortic died 14 November, 1900. Subsequently to the consolidation with 
The New York Public Library, Astor, Lenox and Tilden Foundations, the sum 
of $2,850 was received on account of this legacy and added to the Principal 
Account of the Department of Circulation of The New York Public Library. 



318 



LXIV. 
AGREEMENT OF CONSOLIDATION.* 

An Agreement to consolidate The New York Public Library, 
Astor, Lenox and Tilden Foundations, and The New York Free 
Circulating Library, into The New York Public Library, Astor, 
Lenox and Tilden Foundations. 



Dated ii January, 1901. 

Filed and Recorded in the offices of the Clerk of the 
City and County of New York and of the Secretary 
of State of New York, 23 February, 1901. 

^^grecment, made this eleventh day of January in the year 
One thousand nine hundred and one, by and between the 
respective Boards of Trustees of the corporations known as 
"The New York Public Library, Astor, Lenox and Tilden 
Foundations," and "The New York Free Circulating 
Library. " 

tDI)ar6O0, The New York Public Library, Astor, Lenox and 

* At the time when this agreement was entered into, the Board of Trustees of 
The New York Free Circulating Library was composed of the following members : 

Frederic W. Stevens, Miss Amy Townsend, Mrs. J. Frederic Kernochan, Fred- 
rick W. Whitridge, Charles Scribner, Mrs. Herbert Parsons, J. Frederic Kerno- 
chan, Mrs. Charles F. Woerishoffer, Henry E. Howland, Jacob H. Schiff, Francis 
C. Huntington, Miss C. H. Patterson, Andrew Carnegie, Mrs. Francis C. Barlow, 
Mrs. Richard James Cross, William W. Appleton, Miss Florence Donnell, and 
James Loeb. 

At this date eleven library branches were conducted by the trustees of The 

New York Free Circulating Library. Five of these were conducted in library 

buildings at 49 Bond Street, 135 Second Avenue, 251 West 13th Street, 226 

West 42d Street, and 206 West looth Street. Six branches were conducted in 

rented quarters at 22 East Broadway, 130 West 23d Street, 215 West 34th Street, 

261 West 69th Street, 1523 Second Avenue, and 218 East 125th Street. In 

addition a department of travelling libraries, with numerous stations, was con. 

ducted. 

319 



330 NE W YORK FREE CIRCULA TING LIBRAR Y. 

Tilden Foundations, is a corporation organized under the Laws 
of the State of New York, by the consolidation of the three 
corporations l^nown as " The Trustees of the Astor Library," 
"The Trustees of the Lenox Library," and "The Tilden 
Trust," by agreement of consolidation duly executed by the 
trustees of the said three corporations, dated the 23d day of 
May, 1895, and by proceedings duly had for such consolidation, 
which said corporation has no members or stockholders other 
than its Trustees; and 

fiDl)er«a0, The New York Free Circulating Library is a cor- 
poration incorporated under Chapter 166 of the Laws of 1884 
of the State of New York, which said corporation is not a stock 
company and has no stockholders, but has members other than 
its Trustees; and 

tDl)£r£OS, the said above-named corporations, being organized 
as library companies for the purpose of carrying on libraries in 
the City and County of New York, are desirous of consolidating 
with each other into a single corporation pursuant to the pro- 
visions of Chapter 541 of the Laws of 1892, being an act of the 
Legislature of the State of New York entitled "An Act to per- 
mit the consolidation of Library Companies in the City of New 
York, approved May 13, 1892, and the amendments thereto, 
and particularly as the same is amended by Chapter 209 of the 
Laws of 1895, being an Act of the Legislature of the State of 
New York entitled "An Act to amend Chapter 541 of the Laws 
of 1892 entitled an act to permit the consolidation of Library 
Companies in the City of New York":* 

Now, therefore, this agreement of consolidation witnesseth, 
as follows: 

i^irat. — The said several corporations shall be consolidated, 
and hereby are consolidated, into a single corporation. 

Scconb. — The terms and conditions of said consolidation are 
as follows: 

(i) The new corporation shall establish and maintain a free 
public library and reading room in the City of New York, with 
such branches for circulation and other purposes as may be 

* See supra, page 113. 



AGREEMENT OF CONSOLIDATION. 231 

deemed advisable, and shall continue and promote the several 
objects and purposes set forth in the respective Acts of Incor- 
poration of " The Trustees of the Astor Library," " The Trus- 
tees of the Lenox Library," and " The Tilden Trust," as pro- 
vided in said agreement of consolidation dated May 23d, 1895, 
hereinbefore referred to; and of "The New York Free Circulat- 
ing Library." 

(2) All property, real or personal, now owned or possessed 
by The New York Free Circulating Library, and all property, 
real or personal, which shall hereafter come into the possession 
of the consolidated corporation hereby formed by virtue of any 
gift, bequest or devise to The New York Free Circulating 
Library as such, and the proceeds of any such property in case 
the same or any part thereof is sold or otherwise disposed of, 
and all profits increase or income of any such property shall 
(including both capital and income) be exclusively used for and 
applied to the free circulation of books, the maintenance of 
branch libraries and reading rooms, and the particular purposes 
set forth in the act of incorporation of The New York Free 
Circulating Library. 

(3) The corporation hereby created shall have no stock- 
holders, and no members other than its Trustees. 

(4) Nothing in this agreement contained shall be construed 
to prevent the corporation hereby created from selling or other- 
wise disposing of any property, real or personal, of which it 
may at any time be possessed. 

®l)ir&. The mode of carrying this agreement into effect is 
as follows : 

Immediately upon the execution of this agreement, accom- 
panied by sworn copies of the proceedings of the meeting of 
the members of The New York Free Circulating Library, ratify- 
ing this agreement, duplicates or counterparts of this agree- 
ment and of the said proceedings of ratification shall be filed in 
the office of the Clerk of the County of New York and in the 
office of the Secretary of State. Thereafter, the first meeting 
of the Trustees of the new corporation shall be called by John 
L. Cadwalader, George L. Rives and Lewis Cass Ledyard, or 



333 NEW YORK FREE CIRCULATING LIBRARY. 

any two of them, by giving a notice in person or by mail, ad- 
dressed to each Trustee at his place of residence, of the time 
and place of such meeting. The said Trustees, or a majority 
of them, being assembled, shall organize by the election of a 
President, one or more Vice-Presidents, a Treasurer and a Secre- 
tary, and of such other officers, if any, as shall be deemed 
necessary or proper; and the said Trustees, on behalf of the 
new corporation, shall thereupon receive, take over and enter 
into possession, custody and management of the existing 
libraries and of the said several corporations, parties hereto, 
and of all property, real or personal, owned by them, or either 
of them, of any description whatever. The several treasurers, 
superintendents, librarians or other persons having charge of 
any of the funds, books, works of art or other property, real or 
personal, of either of the said corporations, parties hereto, shall, 
on demand, deliver all property in their respective custody to 
the persons appointed by the Trustees of the new corporation 
to receive the same. 

The Board of Trustees of the said existing corporations, 
parties hereto, shall take such action as may be necessary for 
the purpose of transferring to the new corporation the title to 
all real estate, securities, and all other property of whatever 
kind or nature standing in their several names or owned by them 
respectively, and for that purpose, and for the purpose of ad- 
justing and closing the affairs of said corporations respectively, 
and the accounts of the respective officers thereof, the Boards 
of Trustees of the said corporations, parties hereto, may meet, 
notwithstanding the merger of said corporations in the new 
corporation hereby created, and carry out the purposes of this 
agreement. 

The Trustees of the said new corporation shall, as soon as 
may be, adopt suitable by-laws, which, among other things, 
shall (subject to the provisions of this agreement), provide for 
the manner of selection of new Trustees after the expiration of 
the first year, their respective terms of office and the manner of 
filling vacancies in the Board; shall fix and define the duties 
of the Trustees, the appointment of committees and the powers 
and duties thereof; the number, grade, duties, terms of office 



AGREEMENT OF CONSOLIDATION. 328 

and compensation of the several persons employed by the new 
corporation ; and shall provide proper regulations for the invest- 
ment, safe keeping, management and expenditure of the funds 
of the corporation; and the said by-laws shall, moreover, pro- 
vide for the general custody, care, conduct and management of 
the affairs and property of said new corporation, and a method 
by which the said by-laws may be altered, amended or repealed. 
The said new corporation shall, by its by-laws or otherwise, 
make appropriate provisions with reference to the limitations, 
conditions or restrictions under which any of the funds or prop- 
erty of the said several corporations are now held or are to be 
used or enjoyed by the said several corporations, or any of them, 
in order that the same may be fully kept and observed. 

ifonrtl). The name of the new corporation is " The New York 
Public Library, Astor, Lenox and Tilden Foundations." 

iFiftl). The number of Trustees of the new corporation shall 
be twenty-one. 

SijEtl), The names of the Trustees who shall manage the con- 
cerns of the new corporation for the first year and until others 
shall be elected in their places are: 

Samuel P. Avery, Alexander Maitland, 

John Bigelow, Thomas M. Markoe, 

William Allen Butler, Stephen H. Olin, 

John L. Cadwalader, Alexander E. Orr, 

Andrew H. Green, Henry C. Potter, 

Daniel Huntington, George L. Rives, 

H. Van Rensselaer Kennedy, Philip Schuyler, 

John S. Kennedy, George W. Smith, 

Edward King, Frederick Sturges, 

Lewis Cass Ledyard, Charles Howland Russell, 

Bird S. Coler, Comptroller of the City of New York, ex officio. 

3l1 raitneee roljcrcof, the several Boards of Trustees of the 
parties hereto, respectively, have caused the respective corporate 
seals of the said corporations to be affixed hereto in triplicate, 
and these presents to be attested by their respective presidents 



234 NEW YORK FREE CIRCULATING LIBRARY. 

and secretaries thereunto duly authorized the day and year first 
above written.* 

The New York Public Library, 
AsTOR, Lenox and Tilden Foundations: 
(corporate seal.) By John Bigelow, 

Attest : President. 

G. L. Rives, 

Secretary. 

The New York Free Circulating Library, 
(corporate seal.) By J. Frederic Kernochan, 

Attest: President. 

Francis C. Huntington, 

Secretary. 



* The New York Free Circulating Library having members other than its 
trustees, the foregoing agreement of consolidation was ratified by a vote of more 
than two-thirds of the members of the corporation, present and voting in person 
or by proxy at a meeting of the members of the corporation duly called and held, 
as required by Chapter 541 of the Laws of i8g2 as amended. A sworn copy of 
the proceedings of such meeting, made by the Secretary of The New York Free 
Circulating Library, is attached to the agreement and is filed and recorded 
with it. 



act permlttina Convei^ance ant) transfer of tbe 
property of Xlbrari? Corporatione in tbe 
Cxt^ of mew ^ov\{ to Hbe IRew ^ovU 
public Xibrar^, Hetor, Xenoy anb Itil^en 
3founbations. 



LXV. 



An Act to permit library corporations in the city of 
New York to convey their property to the New 
York public library, Astor, Lenox and Tilden 
foundations. 



Passed 6 March igoi. 

Laws of igoi, Chapter 57. 



The People of the State of New York, represented in Senate and 
Assembly, do enact as follows : 

0ection i. Any corporation now or hereafter organized under 
the laws of the state of New York and maintaining or carrying 
on a library in the city of New York is hereby authorized and 
empowered to grant, convey, assign and transfer all real and per- 
sonal property of which it may be seized or possessed to the 
New York public library, Astor, Lenox and Tilden foundations, 
upon such terms, conditions or limitations as may be agreed 
upon between the two institutions. 

Section ii. If the library corporation so conveying its prop- 
erty shall have members other than its directors or trustees, no 
conveyance shall be made under authority of this act, unless 
the same is assented to by at least two-thirds of the members. 
Such assent may be evidenced by an instrument in writing, 
signed by the members and acknowledged as a conveyance of 
real estate. It may also be evidenced by a vote of such mem- 
bers voting in person or by proxy at a meeting of the members 
of such corporation to be called on a notice of at least thirty 
days, specifying the time, place and object of such meeting, 

32? 



328 ACT OF MARCH 6, igoi. 

mailed post-paid to each member whose place of residence is 
known to the secretary, and published at least once in each 
week for four successive weeks in a newspaper published in the 
city of New York. A sworn statement by the secretary as to 
the members of such corporation, or as to the proceedings of 
any such meeting shall be evidence of all the facts set forth in 
such statement, and of the holding and of the action of any 
such meeting. 

Section iii. The regents of the university of the state of New 
York upon being satisfied that any such library corporation has 
conveyed all its property to the said New York public library, 
Astor, Lenox and Tilden foundations, under the authority of 
this act may accept a surrender of the charter of the library 
corporation so conveying its property, and forever discharge 
its directors or trustees from their trusts in the premises. 

Section it). The said New York public library, Astor, Lenox 
and Tilden foundations shall have power to hold and enjoy the 
property so conveyed to it, and shall have power to dispose of 
the same. Any devise or bequest contained in any last will and 
testament made to any corporation conveying its property under 
authority of this act, whether made before or after such convey- 
ance, shall not fail by reason of such conveyance, but the same 
shall enure to the benefit of the said New York public library, 
Astor, Lenox and Tilden foundations. 

Settion ». Notwithstanding such conveyance and transfer, 
all and singular the obligations of such corporation so convey- 
ing or transferring its said property shall remain in full force, 
and the said New York public library, Astor, Lenox and Tilden 
foundations shall be liable upon all contracts made by said cor- 
poration to the extent of the value of the property received 
from any such corporation. 

Section Oi. This act shall take effect immediately. 



2)ocument0 IRclatino to tbe (Bift 
of anbrew CarncQie. 



LXVI. 

CORRESPONDENCE RELATING TO THE GIFT OF 
ANDREW CARNEGIE. 



1. 

Letter of Mr. Carnegie. 

New York, 12th March, 1901. 

Dr. J. S. Billings, 

^Director, New York Public Library. 

Dear Mr. Billings: 

Our conferences upon the needs of Greater New York for 
Branch Libraries to reach the masses of the people in every dis- 
trict have convinced me of the wisdom of your plans. 

Sixty-five branches strike one at first as a large order, but as 
other cities have found one necessary for every sixty or seventy 
thousand of population the number is not excessive. 

You estimate the average cost of these libraries at, say, $80,000 
each, being $5,200,000 for all. If New York will furnish sites 
for these Branches for the special benefit of the masses of the 
people, as it has done for the Central Library, and also agree 
in satisfactory form to provide for their maintenance as built, I 
should esteem it a rare privilege to be permitted to furnish the 
money as needed for the buildings, say $5,200,000. Sixty-five 
libraries at one stroke probably breaks the record, but this is 
the day of big operations and New York is soon to be the big- 
gest of cities. 

Very truly yours, 

Andrew Carnegie. 



231 



233 GIFT OF ANDRE W CARNEGIE. 



a. 

Letter to the Mayor transmitting the offer of 
Andrew Carnegie. 



the trustees of the new YORK PUBLIC LIBRARY, 
ASTOR, LENOX AND TILDEN FOUNDATIONS. 

OFFICE OF THE SECRETARY 
32 NASSAU STREET. 

New York, 15th March, 1901. 
Hon. Robert A. Van Wyck, 

Mayor, &c., &c. 

Dear Sir: 

By direction of the Board of Trustees of The New York 
Public Library, Astor, Lenox and Tilden Foundations, I have 
the honor to hand you herewith a copy of a letter which we 
received, through our Director Dr. John S. Billings, from Mr. 
Andrew Carnegie, on the 13th inst. , the day of his sailing for 
Europe. 

You will observe that Mr. Carnegie offers to bear the expense 
of building a large number of branch libraries, at an estimated 
total cost of five million, two hundred thousand dollars, pro- 
vided the City will furnish the necessary land, and provided 
satisfactory arrangements can be made for the maintenance of 
these branches. There are no other conditions. 

I am instructed to say that if the City authorities look with 
favor upon the general plan, our Board of Trustees will hold 
itself in readiness to co-operate, in every way possible, in fur- 
thering the beneficent purposes which are the object of Mr. 
Carnegie's munificent offer. 

It is understood that Mr. Carnegie's offer is intended to apply 
to the entire City. The methods and agencies of administering 
branches in Boroughs other than Manhattan and The Bronx, 
may well be left to be settled hereafter. 

I am further instructed to say that, in communicating Mr. 



CORRESPONDENCE. 238 

Carnegie's proposal to our Board, Dr. Billings accompaniea it 
with the following statement: 

"In the conferences referred to by Mr. Carnegie, the 
suggestions which I have made have related mainly to a 
free public library system for the Boroughs of Manhattan 
and the Bronx. 

" I have stated that such a system should include the 
great central reference library on 42d Street and sth Ave- 
nue, about 40 branch libraries for circulation, small distrib- 
uting centres in those public school buildings which are 
adapted to such purpose, and a large traveling library sys- 
tem operated from the central building. Each of the 
branch libraries should contain reading rooms for from 50 
to 100 adults, and for from 75 to 125 children, and in these 
reading rooms should be about 500 volumes of encyclopae- 
dias, dictionaries, atlases and large and important reference 
books. There should be ample telephone and delivery 
arrangements between the branches and the central library. 
To establish this system would require at least five years. 
The average cost of the branch libraries I estimated at from 
$75,000 to $125,000 including sites and equipment. The 
cost of maintaining the system when completed, I estimated 
at $500,000 per year. The circulation of books for home 
use alone in these Boroughs should amount to more than 
5,000,000 of volumes per year, and there should be at least 
500,000 volumes in the circulation department, with addi- 
tions of new books and to replace worn-out books of at 
least 40,000 per year. 

" With regard to the other Boroughs of Greater New 
York, I have made no special plans or estimates, but have 
said that about 25 libraries would be required for them. 

"The following are some of the data which I have fur- 
nished Mr. Carnegie. The population figures are those of 
the last census. 

"Boston, with 560,892 people, has 15 branch libraries 
and reading rooms and 14 delivery stations, and appro- 
priates $288,641 for library purposes, being at the rate of 
over 50 cents per head of population, and of about 2 5/10 



234 GIFT OF ANDREW CARNEGIE. 

one-hundredths of one per cent, on the assessed value of 
property. 

"Chicago has 1,698,575 people, 6 branch libraries and 
60 delivery stations, besides stations in the public schools, 
and appropriates $263,397 for library purposes, being at 
the rate of 15 5/10 cents per head of population, and seven 
one-hundredths of one per cent, of the assessed value of 
property. 

" Buffalo has 352,387 people, and appropriates $145,238 
for library purposes, being at the rate of 41 cents per head 
of population, and five one-hundredths of one per cent, 
on the assessed value of property. 

" New York City (Borough of Manhattan and the Bronx), 
has 2,050,600 population, and appropriates $183,935 ^o'' 
library purposes, being at the rate of 8 9/10 cents per head 
of population, and 6/10 one-hundredths of one per cent, on 
the assessed value of property. 

" Greater New York has 3,437,202 population, and appro- 
priates $299,663 for library purposes, being at the rate of 
8 4/10 cents per head of population, and 8/10 one-hun- 
dredths of one per cent, on the assessed value of property. 

"The contract made by the City of Buffalo with the 
Buffalo Public Library under the provisions of Chapter 16 
of the Laws of 1897 of the State of New York, is worth 
careful examination in connection with the question of how 
best to provide for maintenance of a free public library 
system for New York City." 

I am 

Very respectfully yours, 

G. L. Rives, 

Secretary. 



LXVII. 



An Act to authorize and empower the city of New- 
York to establish and maintain a free pubHc 
Hbrary system. 



Passed April 26, 1901. 

Laws of 1901, Chapter 580. 



The People of the State of New York, represented in Senate and 
Assembly, do enact as follows : 

Section i. An offer having been made by Andrew Carnegie, 
esquire, of the city of New York, to furnish the money which 
may be needed for the erection of buildings for free branch 
libraries for circulation in the city of New York, estimated to 
cost the sum of five million two hundred thousand dollars pro- 
vided that the said city will furnish the necessary sites for said 
branch library buildings, and also agree in satisfactory form to 
provide for the maintenance of said buildings when built, the 
board of estimate and apportionment of the city of New York 
is hereby authorized and empowered in its discretion to acquire 
title to sites for free branch public libraries for circulation, 
when approved by the person or corporation with whom a con- 
tract is made for the erection of a building thereon as provided 
in the next section of this act. Such sites so selected and 
located shall be and are hereby set apart for the purposes of the 
buildings to be erected thereon and for use as free branch public 
libraries for circulation with reading rooms and other necessary 
accommodations. The said board of estimate and apportion- 
ment shall have power in its discretion, to acquire the said sites 
or any of them, by gift or by purchase and to agree upon the 

235 



236 GIFT OF ANDREW CARNEGIE. 

purchase price of the lands or interests therein from time to 
time so selected and located and the said board of estimate and 
apportionment shall also have power in its discretion, to acquire 
title to the said sites or any of them by condemnation proceed- 
ings in the manner provided by chapter twenty-one of the 
Greater New York charter. And the said board of estimate and 
apportionment of the city of New York shall have power in its 
discretion by a resolution passed by the unanimous vote of the 
members of said board, and also approved by the unanimous 
vote of the board of commissioners of the sinking fund of the 
city of New York, and by the person or corporation with whom 
a contract is made for the erection of a building thereon as pro- 
vided in the next section of this act, to authorize the use for 
the purposes of the erection and maintenance of said free branch 
public libraries of any real estate belonging to the city of New 
York and which is not required for other public purposes, and 
upon the passage of the said resolution by the said board of 
estimate and apportionment, when approved as aforesaid, the 
said real estate therein described shall be and is hereby set 
apart for the purposes of the erection and maintenance of the 
said buildings of said free branch public libraries. 

Section ii. The board of estimate and apportionment of the city 
of New York is hereby authorized in its discretion to make and 
enter into contracts with the said Andrew Carnegie or with any 
person or persons designated by him or with his personal rep- 
resentatives, or with any corporation or corporations approved 
by him or them having lawful authority to construct and main- 
tain free libraries which contracts may provide for the erection 
and equipment, without cost to the city of New York of library 
buildings upon the sites so acquired, or upon other sites now 
possessed or which may be possessed by such corporation or by 
the city of New York. Every such contract with the said cor- 
poration shall provide for the use and occupation of the build- 
ings thereafter erected, in compliance with the terms of such 
contract by the corporation by which such contract is made, and 
for the establishment and maintenance in each of them of a free 
branch public circulating library and reading room and every 
such contract may provide that such use and occupation shall 



ACT OF APRIL 26, iqot. 337 

continue so long as the said corporation witii which it is made 
shall maintain such free branch public libraries and reading 
rooms upon the said sites respectively. 

0«cticm iii. The said board of estimate and apportionment is 
further authorized and empowered in its discretion, and in such 
manner as may seem to it advisable to provide in such contracts 
for the maintenance of a public library system in the city of New 
York, including therein the maintenance of any, or all of the free 
public libraries now existing in said city which have heretofore 
been maintained in whole or in part by the public funds of the said 
city, and also for the maintenance of the branch libraries to be 
erected as hereinbefore provided, and of travelling libraries 
within said city. The amounts required for such maintenance 
shall constitute a city charge to be provided for in the annual 
budget and tax levy of said city. The contracts to be made 
under the authority conferred by this act may provide for the 
maintenance of the libraries on such sites as rapidly as the 
same are obtained, and library buildings are constructed thereon 
pursuant to the provisions of this act, and for the maintenance 
of such other branches or reading rooms or circulating or trav- 
elling libraries as are herein above referred to. 

Section it). For the purpose of carrying out the provisions of 
this act and for paying the expenses of the acquisition of the sites 
and conducting the proceedings for the condemnation thereof, 
it shall be the duty of the comptroller of the city of New York 
on being thereunto authorized by the said board of estimate and 
apportionment, to issue and sell the corporate stock of the city 
of New York in such amounts as may be necessary, and at such 
a rate of interest as may be fixed by said comptroller. No 
consent or approval of the municipal assembly nor of any 
board other than the said board of estimate and apportionment 
shall be necessary to authorize the comptroller to issue such 
stock for the purposes of this act. 

geriion U. This act shall take effect immediately. 



LXVIII. 

AGREEMENTS WITH THE CITY OF NEW YORK RE- 
LATING TO THE GIFT OF ANDREW CARNEGIE 
AND THE ACQUISITION OF SITES FOR FREE 
BRANCH LIBRARIES. 



1. 

9[|)is *^gr£ement, made and concluded this Seventeenth day 
of July, in the year one thousand nine hundred and one, by and 
between The City of New York, by the Board of Estimate 
and Apportionment of said City, party of the first part, and 
The New York Public Library, Astor, Lenox and Tilden 
Foundations, party of the second part, Witnesseth : 

toljereas, Andrew Carnegie, of the City of New York, has 
heretofore offered to furnish the funds necessary for the erection 
of buildings for 65 free branch libraries for circulation in the City 
of New York, estimated in all to cost the sum of five million two 
hundred thousand dollars ($5,200,000), being an average cost of 
$80,000 each, provided the City of New York would furnish the 
necessary sites for such buildings and agree in satisfactory form 
to provide for the maintenance of said branches when completed, 
and 

tDI)Crea0, by an Act of the Legislature of the State of New 
York, approved April 26, 1901, entitled "An Act to authorize 
" and empower the city of New York to establish and maintain 
" a free public library system," being Chapter 580 of the Laws 
of 1901,* the Board of Estimate and Apportionment of the City 
of New York is authorized in its discretion to acquire title by 

* See supra, page 235. 

238 



AGREEMENTS WITH THE CITY OF NEW YORK. 339 

gift, condemnation or purchase to sites for free branch public 
libraries for circulation, with the approval of the person or cor- 
poration with whom the contract is made, for the erection of 
buildings thereon ; and whereby such Board is further em- 
powered upon the terms and conditions imposed in said act 
to authorize the use of any real estate belonging to the 
City of New York which is not required for other public 
purposes, for the maintenance and erection of said free public 
branches; and by which act the said Board of Estimate and 
Apportionment is further authorized in its discretion to make 
and enter into contracts with said Andrew Carnegie, or with any 
person or persons designated by him or with his personal repre- 
sentative, or with any corporation or corporations approved by 
him or them having lawful authority to construct and maintain 
free libraries, for the erection and equipment without cost to the 
City of New York of library buildings upon such sites so to be 
acquired, or upon sites now possessed or which may hereafter be 
possessed by any corporation with which such contract is made, 
or by the City of New York, and which Board of Estimate and 
Apportionment is further authorized to provide in such contracts 
for the maintenance of a public library system in the City of 
New York, including therein the maintenance of any or all of 
the free public libraries now existing in said city which have 
heretofore been maintained in whole or in part by the public 
funds of said city, as well as for the maintenance of said branch 
libraries so to be erected as hereinbefore provided, and of 
travelling libraries, which amounts required for maintenance 
shall constitute a city charge to be provided for in the annual 
budget and tax levy of said City of New York, and which con- 
tracts may provide for the maintenance of the libraries to be 
constructed on such sites as rapidly as the same may be obtained 
and library buildings are erected thereon ; and 

ti)l)ereos, it is not at the present time deemed expedient by 
the parties hereto to avail of so much of said act of the Legisla- 
ture as relates to the incorporation in this agreement of provi- 
sions for the support of free public libraries now existing in said 
City which have heretofore been maintained in whole or in part 
by the public funds of said City, but rather to leave that subject 



340 GIFT OF ANDREW CARNEGIE. 

to be disposed of as the same may from time to time arise here- 
after; and 

ti)t)er£as, the said The New York Public Library, Astor, Lenox 
and Tilden Foundations has been approved by said Andrew 
Carnegie, as provided in said act, and duly designated by him as 
his agent for the purpose of this agreement, and has lawful 
authority to construct and maintain free libraries in the City of 
New York ; and 

tDljercas, it is desired by the said party of the first part to 
avail of the offer of said Andrew Carnegie upon the terms pro- 
vided in said act of the Legislature hereinabove referred to, and 
upon the terms and in the manner herein set forth. 

NotD, tljereforE, it is agrceb between the said parties hereto as 
follows, viz : 

iFirSt : The party of the first part shall proceed to acquire 
title by gift, purchase or by condemnation, as provided in said 
Act hereinbefore referred to, to such sites as shall be necessary 
in the Boroughs of Manhattan, The Bronx and Richmond, for 
the purpose of the erection and maintenance thereon of free 
branch public libraries, on the approval in each case of the said 
The New York Public Library, Astor, Lenox and Tilden Founda- 
tions, which sites so to be selected and approved shall not, un- 
less by mutual consent, exceed in number forty-two in the said 
Boroughs of Manhattan, The Bronx and Richmond, the propor- 
tion of said Sixty-five Libraries allotted to said Boroughs; and 
the said Board of Estimate and Apportionment of the City of 
New York, by resolution adopted by the unanimous vote of said 
Board and approved by the unanimous vote of the Commission- 
ers of the Sinking Fund of the City of New York, and on the 
approval in each case of The New York Public Library, Astor, 
Lenox and Tilden Foundations, may authorize the use of any 
real estate belonging to said City of New York, which is not re- 
quired for other public purposes for the purpose of such erection 
and maintenance; and further provided that any site now pos- 
sessed or hereafter acquired by the said The New York Public 
Library, Astor, Lenox and Tilden Foundations, may, with the 
approval of the said Board of Estimate and Apportionment, be 



AGREEMENTS WITH THE CITY OF NEW YORK. 341 

used as a site for the erection and maintenance of such branch 
public libraries as aforesaid. 

0econb : The New York Public Library, Astor, Lenox and 
Tilden Foundations, shall, upon the acquisition of title to any 
site so approved as aforesaid, or upon the passage of resolutions 
as aforesaid by the unanimous vote of the members of the Board 
of Estimate and Apportionment and of the said Commissioners 
of the Sinking Fund, authorizing the use of any real estate of 
the City of New York, not required for other public purposes, 
or upon the approval of the Board of Estimate and Apportion- 
ment of any site now possessed or which may hereafter be pos- 
sessed or acquired by the party of the second part, proceed with 
the erection and equipment of library buildings thereon, without 
cost to the City of New York, and shall complete the same with 
funds so to be contributed by Andrew Carnegie as aforesaid ; 
provided, however, that the said The New York Public Library, 
Astor, Lenox and Tilden Foundations, shall not be required to, 
nor shall it, without the consent of the said Board of Estimate 
and Apportionment, commence the erection and equipment of a 
larger number than ten library buildings upon sites furnished by 
the City of New York in the Boroughs of Manhattan, The Bronx 
and Richmond, in any single calendar year under the provisions 
hereof, and not to exceed forty-two branch library buildings in all 
in the Boroughs of Manhattan, The Bronx and Richmond. Such 
sites and each of them and the buildings thereon when com- 
pleted shall be devoted to the maintenance of free branch public 
circulating libraries and reading-rooms, and the same and each 
of the same are hereby set apart for use as free branch public 
libraries for circulation ; and the said party of the first part does 
hereby grant, demise and let unto the said The New York Public 
Library, Astor, Lenox and Tilden Foundations and its succes- 
sors, on the erection of such buildings in each case, the land or 
real estate so acquired for sites, and the said land or real estate, 
the use of which shall have been authorized by the said Board 
of Estimate and Apportionment and the Commissioners of the 
Sinking Fund of the City of New York, which is not required for 
any other public purpose, with all improvements upon the same 
or any of the same, together with the appurtenances ; to have 



342 GIFT OF ANDREW CARNEGIE. 

AND TO HOLD the Same in each case unto the said party of the sec- 
ond part and its successors so long as the said party of the second 
part and its successors shall continue to maintain upon the same 
respectively free branch public libraries and reading-rooms, and 
so long as the said party of the second part and its successors shall 
keep, perform and observe the covenants and conditions herein 
contained on its part to be kept, performed and observed. 

®l)ir& : The party of the second part agrees forthwith upon 
the acquisition of any site by the City of New York when ap- 
proved as hereinbefore provided, or when the use of any real 
estate belonging to the City of New York which is not required for 
any other public purposes, shall have been duly granted as afore- 
said, when approved by the party of the second part, or upon the 
approval of any site now possessed or to be hereafter possessed 
by the party of the second part by the Board of Estimate and 
Apportionment of the City of New York as a site for a free 
public library for circulation within the meaning of the above- 
mentioned act, to proceed to erect upon the same respectively 
branch libraries for circulation, and to equip the same, the ex- 
pense thereof to be paid from funds to be furnished by Andrew 
Carnegie, and without cost to the City of New York ; and the 
party of the second part further agrees to complete the same as 
soon as possible, and thereafter to conduct and carry on in the 
same respectively, with funds to be provided by the party of the 
first part as hereinafter provided, free public libraries for circu- 
lation with reading rooms, and to devote the same to the use of 
the public. 

ifoMttll : The party of the first part further agrees adequately 
to provide for the maintenance of the free public branch libra- 
ries to be erected pursuant to this agreement, and of travelling 
libraries, in said city, and to that end to provide in each year in 
the annual budget and tax levy of said city a sum not less than 
ten per centum of the amount expended by said Andrew Car- 
negie under the provisions of said Act, which sum shall be 
expended for the maintenance of the branch libraries to be here- 
after constructed pursuant to this contract, which maintenance 
shall be provided for said libraries to be hereafter constructed 
as rapidly as the same are obtained ; and in case a library build- 



AGREEMENTS WITH THE CITY OF NEW YORK. 248 

ingis under construction, maintenance may be provided therefor, 
to commence when constructed ; and provided, further, that the 
obligation hereby assumed by the party of the first part to pro- 
vide for such maintenance a sum not less than ten per centum of 
the amount so expended by said Andrew Carnegie, shall not be 
taken to limit the right of said Board of Estimate and Appor- 
tionment to appropriate for such maintenance any larger sum if, 
in its discretion, additional appropriations should be required. 

ififtl) : The party of the second part further agrees that such 
amounts so to be appropriated in each year for the maintenance 
of a free public library system in the Boroughs of Manhattan, 
The Bronx and Richmond shall be applied solely to the mainte- 
nance of the several branch public libraries for circulation con- 
structed therein pursuant to the terms of this agreement. 

Sixtl) : It is further agreed that the said several branch 
libraries which may be constructed pursuant to the provisions of 
said act, and each of thein, shall be accessible at all reasonable 
hours and times, free of expense, to the persons resorting thereto, 
subject only to such reasonable control and regulation as the 
party of the second part, its successors or successor, from time to 
time may exercise and establish for general convenience ; pro- 
vided, further, that the lending, delivery and one or more reading 
rooms in each of said library buildings shall be open and acces- 
sible to the public upon every day of the week except Sunday, 
but including all legal holidays, from at least nine o'clock a.m. to 
at least nine o'clock p.m., under such rules and regulations as the 
said party of the second part shall prescribe from time to time, 
and on Sundays such parts of any of such libraries may be opened 
in such manner and during such hours as may be from time to 
time agreed upon between the said Board of Estimate and Appor- 
tionment and said The New York Public Library, Astor, Lenox 
and Tilden foundations. 

Sieocntl) : The books contained in said several libraries which 
shall be purchased with funds provided by said Andrew Carnegie 
or by funds hereafter provided by the City of New York shall be 
and remain the property of the City of New York and shall be 
marked plainly as such,Wnd the authorities of the City of New 



344 GIFT OF ANDREW CARNEGIE. 

York shall have at all times access to every part of said library 
buildings and libraries and each of them, for general police 
visitation and supervision, and also for the purpose of the per- 
formance of the duties devolving upon them by the laws of the 
State of New York now or hereafter to be enacted, and the 
police powers exercised by the said City of New York shall 
extend in, through and over the said buildings and each of 
them. The party of the second part, however, shall appoint, 
direct, control and remove all persons employed within the said 
buildings respectively and in the care of the same. All fines to 
be exacted from any person or persons shall be retained by the 
party of the second part, applied to the business of circulation 
and duly accounted for in its accounts. All balances of annual 
appropriations made by the party of the first part and not duly 
expended by the party of the second part for the maintenance 
of such libraries during the calendar years for which such 
appropriations shall have been made, shall be accounted for 
and paid by the said party of the second part to the Comptroller 
of the City of New York, to be deposited to the credit of the 
general fund for the reduction of taxation, within sixty days after 
the expiration of each of such calendar years. 

SigtitI) : The City shall annually, in addition to the provision 
for maintenance heretofore provided for, provide funds for the 
repair of the several buildings located upon sites owned by or 
furnished by the City. The City, in addition, shall at all times 
furnish a supply of water, and, with the limitations already 
defined, the party of the second part shall exercise direction and 
management over the affairs of the several library buildings, and 
the books, collections, and appurtenances. 

Nintl) : It is further agreed that this agreement may be 
wholly cancelled or annulled, or from time to time altered or 
modified, as to any one or more of the library buildings hereafter 
to be constructed or owned or for which maintenance is provided 
under the provisions of this agreement, as may be agreed upon 
in writing between the parties hereto or their successors, any- 
thing herein to the contrary notwithstanding. 

Sentl) : That the said party of the second part shall on or 



AGREEMENTS WITH THE CITY OF NEW YORK. 345 

before the first day of May in every year during the continuance 
of this agreement submit to the party of the first part, its suc- 
cessor or successors, a detailed report of the transactions of the 
party of the second part, to and including the 31st day of 
December of the year preceding. 

3n tDitncBB juljcrcof, the party of the first part has caused this 
agreement to be executed by the Board of Estimate and Appor- 
tionment pursuant to a resolution adopted at a meeting held on 
the seventeenth day of July, 1901, and the party of the second 
part has caused this agreement to be executed by its President, 
and its official seal to be hereto affixed pursuant to resolutions 
of the Trustees of The New York Public Library, Astor, Lenox 
and Tilden Foundations, and adopted at a meeting held on the 
29th day of May, 1901. 

RoBT. A. Van Wyck, 

Mayor. 
Bird S. Coler, 

Comptroller . 
John Whalen, 

Corporation Counsel. 
Randolph Guggenheimer, 
President of the Council. 
Thos. L. Feitner, 
President of the Department of 
Taxes and Assessments. 

The New York Public Library, 
Astor, Lenox and Tilden Foundations: 
By John Bigelow, 

President. 
(corporate seal.) 

Attest : 

G. L. Rives, 

Secretary. 

This contract seems to me in every respect admirable, and is 

heartily approved. 

Andrew Carnegie. 

Skibo Castle, 

June 24th, 1901. 



246 GIFT OF ANDREW CARNEGIE. 



Ws\\^ i^grcement, made and concluded the 26th day of March, 
in the year one thousand nine hundred and two, by and between 
The City of New York, by the Board of Estimate and Appor- 
tionment of said City, party of the first part, and The New York 
Public Library, Astor, Lenox and Tilden Foundations, 
party of the second part, Witnesseth: 

tX)l)ere(lS, an agreement* was heretofore made and concluded 
between the parties hereto, bearing date of July seventeenth, in 
the year one thousand nine hundred and one, in relation to the 
offer of Andrew Carnegie to furnish the funds necessary for the 
erection of buildings for sixty-five free branch libraries for cir- 
culation in the City of New York, estimated in all to cost the 
sum of five million two hundred thousand dollars ($5,200,000), 
being an average cost of $80,000 each, provided the City of 
New York would furnish the necessary sites for such buildings 
and agree to provide for the maintenance of such branches when 
completed, and which said agreement was made by and between 
the said parties hereto in pursuance of the provisions of an Act 
of the Legislature of the State of New York, approved April 26, 
1901, entitled "An Act to authorize and empower the city of 
New York to establish and maintain a free public library system," 
being chapter sSoof the Laws of 1901,** and by which said agree- 
ment it was agreed between the said parties hereto, among other 
things, by the First Article of the said agreement, that the party 
of the first part hereto shall proceed to acquire title by gift, pur- 
chase, or by condemnation, as provided in said Act, to such sites 
as shall be necessary in the Boroughs of Manhattan, The Bronx, 
and Richmond, for the purpose of the erection and maintenance 
thereon of free branch public libraries, on the approval in each 
case of the said The New York Public Library, Astor, Lenox 
and Tilden Foundations, which sites so to be selected and 
approved shall not, unless by mutual consent, exceed in number 
forty-two in the said Boroughs of Manhattan, The Bronx and 

* See supra, page 238. 
** See supra, page 235. 



AGREEMENTS WITH THE CITY OF NEW YORK. 247 

Richmond, the proportion of said sixty-five libraries allotted to 
said Boroughs; and 

tol)e«aa, the parties hereto believe that, in view of the sparsely 
settled condition of certain parts of the said Boroughs of Manhat- 
tan, The Bronx and Richmond, it would be of great benefit to 
the public that some of the free branch libraries to be erected 
in those Boroughs should be small buildings costing consider- 
ably less than |8o,ooo each for their erection and equipment, 
and that the number of sites which may be selected and approved 
as aforesaid for free branch libraries in the said Boroughs should 
therefore be increased from forty-two to fifty, it being under- 
stood, however, that in such event the aggregate sum to be fur- 
nished by the said Andrew Carnegie for the erection and equip- 
ment of the said fifty free branch libraries in the said Boroughs 
shall not exceed the sum contemplated in and by the said agree- 
ment of July seventeenth, 1901, to be expended for the erection 
and equipment of free branch libraries upon forty- two sites; and 

Wtiereas, the parties hereto, for the purposes aforesaid, have 
agreed by mutual consent that the number of sites which may 
be selected and approved for free branch libraries in the said 
Boroughs of Manhattan, The Bronx and Richmond may be 
increased in number from forty-two to not exceeding fifty as 
aforesaid, and the said increase has been approved by the said 
Andrew Carnegie; 

NoiD, tl)erefore, it i0 tnntnallB consentetr onb agrccir by and 
between the said parties hereto as follows, namely: 

That the said Contract of July 17th, 1901, is hereby amended 
so as to permit the selection of not to exceed fifty sites in the 
Boroughs of Manhattan, The Bronx and Richmond, instead of 
forty-two as therein recited, provided that the aggregate cost of 
the erection and equipment of free branch libraries upon all of 
the said fifty sites in the said Boroughs of Manhattan, The 
Bronx and Richmond shall not exceed the sum contemplated 
in and by the said agreement of July 17th, 1901, to be expended 
for the erection and equipment of free branch libraries upon 
forty-two sites. 

Jn roitnesa roljcreof, the party of the first part has caused this 
agreement to be executed by the Board of Estimate and Appor- 



248 GIFT OF ANDREW CARNEGIE. 

tionment pursuant to a resolution adopted at a meeting held on 
the 25th day of March, 1902, and the party of the second part 
has caused this agreement to be executed by its President and 
its official seal to be hereto affixed pursuant to a resolution of 
the Trustees of The New York Public Library, Astor, Lenox and 
Tilden Foundations, adopted at a meeting held on the 12th day 
of March, 1902. 

Seth Low, 

Mayor. 

Edward M. Grout, 

Comptroller. 

C. V. FORNES, 

President of the Board of Aldermen. 

Jacob A. Cantor, 

President of the Borough of Manhattan. 

J. Edw. Swanstrom, 

President of the Borough of Brooklyn. 

Louis F. Haffen, 

President of the Borough of The Bronx. 

Jos. Cassidy, 

President of the Borough of Queens. 

George Cromwell, 

President of the Borough of Richmond. 

The New York Public Library, 
AsTOR, Lenox and Tilden Foundations: 

By John Bigelow, 

President. 
(corporate seal.) 

Attest: 

Charles Rowland Russell, 

Secretary. 
Approved. 

Andrew Carnegie, 

New York, March 12, 1902. 



LXIX. 



AGREEMENT WITH THE ARCHITECTS RELATING 

TO THE ERECTION OF FREE BRANCH 

LIBRARY BUILDINGS. 



!a.rtidcs of <a.greeinent made and entered into this seventh 
day of November, in the year one thousand nine hundred and 
one, by and between The New York Public Libeary, Astor, 
Lenox and Tilden Foundations, party of the first part, and 
the three co-partnerships or firms known as Babb, Cook & 
WiLLARD, Carrbre & HASTINGS and McKiM, Mead & White, 
all of the City of New York, parties of the second part. 

For the sake of brevity the party of the first part is herein- 
after designated as " The Trustees " and the three firms con- 
stituting the parties of the second part are designated as 
"the Architects." 

tol)ereos, on or about the 17th day of July, 1901, the Trus- 
tees entered into an agreement with the City of New York,* 
whereby they agreed, among other things, that upon the acqui- 
sition or approval by the City of New York of library sites 
within the boroughs of Manhattan, The Bronx and Richmond, 
the Trustees would proceed to erect thereon forty- two branch 
libraries for circulation and equip the same, the expense thereof 
to be paid from funds to be furnished by Andrew Carnegie as 
by the said contract (a copy of which is hereto annexed) will 
more fully appear; and 

* See supra, page 238. 

349 



250 GIFT OF ANDRE W CARNEGIE. 

toljereaa, the Trustees have resolved to employ the parties of 
the second part to render services in regard to said buildings, 
and the Architects have accepted the said employment and the 
parties are desirous of adjusting the terms and conditions of the 
said employment; 

NotB, 9[l)e«forc, tljia ^^greement fiOitncssetl), ob folloros: 

iTirst: The Architects hereby severally undertake and agree 
to and with the Trustees to furnish and perform services as 
Architects in designing and preparing plans and specifications 
for the construction and equipment of the said buildings or such 
of them as the Trustees may request the Architects to design, 
including the fixtures, fittings, furniture and accessories thereof; 
and also in supervising the erection and completion for occupa- 
tion of such buildings. And the Trustees hereby retain and 
employ the Architects to perform the aforesaid services and 
agree to pay them therefor their fees for services rendered 
hereunder at the rates hereinafter specified. 

Seconb: The designing of each one of the said buildings 
and the supervision of its construction shall be separately 
entrusted by allotment to one of the three firms of Architects, 
parties hereto of the second part. Such allotments shall be 
made from time to time by agreement between the Architects, 
subject, however, in every case to the approval of the Trustees. 

®l)iril: The Architects shall act in collaboration and shall 
unite in all recommendations to the Trustees regarding designs 
or construction or other matters of common import relating to 
the buildings to be erected as aforesaid; and the Architects 
shall act at all times as an Advisory Board to the Trustees in 
all matters pertaining to the work entrusted to them respec- 
tively or in any way relating to any of the buildings to be 
erected under the said contract with The City of New York, 
dated July 17, 1901. All plans for any of the said buildings 
prepared by any of the parties of the second part shall, before 
being submitted for approval to the Trustees, be approved in 
writing by a majority of the Advisory Board. The Trustees 



AGREEMENT WITH THE ARCHITECTS. 251 

may also at any time call upon all the said Architects to express 
their opinion as a Board with regard to any details of the said 
buildings. 

iFonrtl): It is distinctly understood that in designing and 
supervising the construction of the buildings hereinbefore men- 
tioned each firm of Architects stands toward the Trustees and 
the Trustees stand toward such firm in the ordinary relation of 
architect and client, and that all plans and specifications sub- 
mitted are to be subject to the approval of the Trustees in every 
particular. 

iFiftl): The Trustees agree to employ and pay a Clerk of the 
Works, who shall act under the instructions of the different 
Architects with respect to each building whose construction is 
being supervised by them. 

Si^tt) : The fees of each of the three firms of Architects, 
parties hereto, are to be as follows: 

Five per cent, upon the total cost of the first building 
designed by such firm. 

Four per cent, upon the total cost of the second build- 
ing designed by such firm. 

Three and a half per cent, upon the total cost of all 
other buildings designed by such firm. 
In computing such percentages the cost of each building is to 
be taken to include all fixtures necessary to render the building 
complete for occupation, but not furniture not designed or 
selected by the Architects. No special rate for ornamental or 
decorative work or designs for furniture in excess of the general 
compensation of a percentage upon the cost of the work shall 
be charged, and no charge shall be made for mural decorations 
except when designed by the Architects, any custom of Archi- 
tects to the contrary notwithstanding. 

The fees herein provided for are intended to include full pro- 
fessional services in designing and supervising the construction 
of the buildings entrusted to each firm respectively, and in addi- 
tion all services of an advisory character rendered by the Archi- 
tects to the Trustees. 



352 GIFT OF ANDRE W CARNEGIE. 

SJetJentl) : Payment of the fee for each building is to be made 
as follows: 

One-fifth of the total fee upon the completion of the 
preliminary sketches. 

One-half of the remainder of the fee upon the amount 
of each contract duly awarded. 

The balance of the fee upon the amount of each cer- 
tificate duly given by the Architects to the contractors. 
Payments made on the completion of preliminary sketches 
are to be based upon the proposed cost of the work, and are to 
be credited on account of the total fee, subject to adjustment 
and subsequent payments when the actual cost of the work is 
determined. Should the work on any building be suspended or 
unusually delayed, the Architects of such buildings shall be 
entitled to receive the payment on account of fees that would 
then be due, if the work had proceeded with reasonable dili- 
gence, upon the basis of the above subdivision of services. 

(£igi)tl) : No consulting engineers are to be employed at the 
expense of the Trustees except by mutual agreement. 

Nintl) : The Architects severally agree that upon the comple- 
tion of each building they will furnish without further charge a 
full set of drawings exhibiting all the essential parts of its de- 
sign and construction for future reference, such set of drawings 
to be the property of the Library Trustees. 

Sent!) : The Trustees shall have the right in their discretion 
from time to time to add other members to the Advisory Board 
herein provided for, such additional members to have the same 
powers and duties in all respects as though originally named 
herein. 

(Elcuentl) : Notwithstanding the general language hereinbe- 
fore employed, it is expressly understood that the building to be 
erected on lots known as Numbers 220 and 222 East 79th Street 
is not to be designed nor its construction supervised by any of 
the Architects, parties hereto ; but the Trustees shall have the 
right to call upon the Architects for advice in relation thereto 
in the manner hereinbefore provided. 



AGREEMENT WITH THE ARCHITECTS. 253 

In n)itnC06 UJljereof the party of the first part, acting by its 
Executive Committee, has caused these Presents to be attested 
by its President and Secretary and the parties of the second part 
have hereunto subscribed their names on the day and year first 
above written. 

The New York Public Library, 
AsTOR Lenox and Tilden Foundations: 

G. L. Rives, By John Bigelow, 

Secretary. President. 



Babb, Cook & Willard, 
Carrere & Hastings, 
McKiM, Mead & White. 



LXX. 
AGREEMENT WITH ANDREW CARNEGIE. 



@[f)ie ^^grcement, made and entered into this 21st day of 
April, 1902, by and between The New York Public Library, 
AsTOR, Lenox and Tilden Foundations, hereinafter called 
the " Library," party of the first part, and Andrew Carnegie, 
of the City of New York, party of the second part: 

iSiiereaB in pursuance of the provisions of an act of the 
Legislature of the State of New York, approved April 26th, 
1901, entitled "An Act to authorize and empower the City of 
New York to establish and maintain a free public library 
system," being Chap. 580 of the Laws of 1901,* a contract was 
made, bearing date the 17th day of July, 1901, between the 
City of New York and the Library,** and said contract has been 
duly approved by said Andrew Carnegie; and 

\X)i)exea5 said contract provides for the erection and equip- 
ment by the Library with funds to be contributed by said 
Andrew Carnegie, of not to exceed forty-two Free Branch 
Public Libraries, in the Boroughs of Manhattan, the Bronx and 
Richmond, upon sites to be acquired or furnished by the City 
of New York; and 

ti)l)creos said contract was, with the approval of said Andrew 
Carnegie, afterwards modified by an agreement between the 
City of New York and the Library, bearing date the 26th day 
of March, 1902,*** whereby the number of sites to be furnished 
by the City of New York in said Boroughs was provided to be 

* See sufra, page 235. 

** See supra, page 238 . 

*** See supra, page 246. 

354 



AGSEEMEN'T WITH MR. CARNEGIE. 355 

not exceeding in number fifty, instead of forty-two, as in said 
original contract provided ; and 

tol)ereas in and by said contract, as so amended, it was 
among other things in substance further provided, in Article 
Two thereof, that the Library shall upon the acquisition of title 
to any site approved as in said contract provided, or upon the 
passage of resolutions, as therein provided, by the unanimous 
vote of the members of the Board of Estimate and Apportion- 
ment, and of the Commissioners of the Sinking Fund, authoriz- 
ing the use of any real estate of the City of New York not 
required for other public purposes, or upon the approval of the 
Board of Estimate and Apportionment of any site now pos- 
sessed, or which may hereafter be possessed or acquired by the 
Library, proceed with the erection and equipment of library 
buildings thereon, without cost to the City of New York, and 
shall complete the same with funds to be contributed by Andrew 
Carnegie, as in said contract provided; and 

tUl)ereas it was further agreed in the Third Article thereof 
by the Library forthwith upon the acquisition of any site by the 
City of New York, when approved as therein provided, or when 
the use of any real estate belonging to the City, not required 
for other public purposes, should have been duly granted, as 
therein provided, or upon the approval of any site now pos- 
sessed or to be hereafter possessed by the Library by the Board 
of Estimate and Apportionment of said City, as a site for a free 
public library for circulation, within the meaning of the above- 
mentioned act, to proceed to erect upon the same respectively 
branch libraries for circulation, and to equip the same, the ex- 
pense thereof to be paid from the funds to be furnished by 
Andrew Carnegie, and without cost to the City of New York ; 
and 

toljewas in entering into the said contract the Library acted as 
the representative of the said Andrew Carnegie, as therein recited, 

NoD) atjereCpre, Sliis ^gwement ttJitnesactI): 
That in consideration of the execution of the said agreement 
by the City of New York and by the Library, at the request of 
the said Andrew Carnegie, the said Andrew Carnegie agrees 



256 GIFT OF ANDREW CARNEGIE. 

that, from time to time as sites for the erection of library build- 
ings become available, as in said contract provided, and the 
Library shall enter into contracts for the construction or equip- 
ment of buildings thereon, he, the said Andrew Carnegie, will, 
upon the request of the Library, evidenced by a certified copy 
of a resolution of its Executive Committee, pay unto the Treas- 
urer of the Library such amount as shall in such resolution be 
specified as the estimated cost of the construction and equip- 
ment of each building, to the end that the said Library may at 
all times be furnished with the funds necessary to be expended 
by it in carrying out its obligation to construct and equip said 
library buildings, it being understood that each such requisi- 
tion shall be deemed to be preliminary only, and may be amended 
and corrected by any subsequent resolution of said Executive 
Committee, and that the total amount of such requisitions shall 
not exceed the amount contemplated in and by said contract to 
be contributed by the said Andrew Carnegie for the construc- 
tion and equipment of free libraries in said Boroughs of Man- 
hattan, Richmond and the Bronx. 

!^n& the Library hereby covenants and agrees with the said 
Andrew Carnegie that it will faithfully apply or cause to be 
applied all sums received by it under this agreement to the con- 
struction and equipment of free branch public libraries, as pro- 
vided in said contract between itself and the City of New York. 

Jn tOitnegg iX)t)ereof the party of the first part has caused 
these presents to be executed by its Vice-President and its cor- 
porate seal to be hereunto affixed, and the party of the second 
part has hereunto set his hand and seal the day and year first 
above written. 

Andrew Carnegie (seal.) 
Witness : 

Jas. Bertram. 

The New York Public Library, 

AsTOR, Lenox and Tilden Foundations: 

By John S. Kennedy, 
(corporate seal.) Vice-President. 

Attest: 

C. H. Russell, 
Secretary. 



Documenta IRelatlng to St. Hgnes ifrce %\\>mv^. 



LXXI 
CHARTER OF ST. AGNES FREE LIBRARY.* 



Dated 5 June, 1894. 

Recorded in the Office of the Regents of the Uni- 
versity OF the State of New York, 5 June, 1894. 

University of the State of New York. 

Charter of 

St. Agnes Free Library. 

wifereaB, a petition for incorporation as an institution of the 
University has been duly received, and 

Ujljercaa, official inspection shows that suitable provision has 
been made for buildings, furniture, equipment and for proper 
maintenance, and that all other prescribed requirements have 
been fully met. 

®l)ercfore, being satisfied that public interests will be pro- 
moted by such incorporation, the Regents by virtue of the 
authority conferred on them by law hereby incorporate Win- 
field Poillon, William B. Harrison, Thomas Watson Ball, Isaac 
B. Newcombe, Edward A. Bradley and their successors in office, 
under the corporate name of St. Agnes Free Library, with all 
powers, privileges and duties, and subject to all limitations and 
restrictions prescribed for such corporations by law or by the 
ordinances of the University of the State of New York. The 
first trustees of said corporation shall be the above named incor- 

* St. Agnes Free Library was incorporated under the provisions of ' ' The Uni- 
versity Law," being Chapter 378 of the Laws of 1892. 

359 



260 ST. AGNES FREE LIBRARY. 

porators, and their successors shall be elected by the corporation 
one each year to serve five years. 

This corporation shall be located in the city of New York. 

3n toitneos tDI)ereof the Regents grant this charter No. 804, 
under the seal of the University, at the capitol in Albany June 
5, 1894. 

(seal of the university.) Anson Judd Upson, 

Chancellor. 

Melvil Dewey, 

Secretary. 



LXXII. 

DEED OF TRANSFER TO THE NEW YORK 
PUBLIC LIBRARY.* 



Dated i August, 1901. 

KnotD all men bg tljesc presents, that 

tol)erea6 St. Agnes' Library is a corporation organized under 
the laws of the State of New York, maintaining and carrying on 
a library in the City of New York having no members other 
than its directors or trustees; and 

tiH)eXeaB by Chapter 57 of the Laws of 1901 of the State of 
New York, entitled "An Act to permit library corporations in 
the City of New York to convey their property to The New 
York Public Library, Astor, Lenox and Tilden Foundations,"** 
any corporation organized under the laws of the State of New 
York and maintaining and carrying on a library in the City of 
New York was authorized and empowered to grant, convey, 
assign and transfer all real and personal property of which it 

* The Regents of the University of the State of New York approved of the trans- 
fer, and accepted the surrender of the Charter of St. Agnes Free Library on 19 
December, 1901. At the time of the transfer the trustees of St. Agnes Free 
Library were : 

Robert Appleton, 

William M. K. Olcott, 

F. H. Hitchcock, 

W. W. Appleton, and 

Bird S. Coler. 

The library was located at that time in rented quarters at No. 2279 Broadway, 

near 82nd Street. 

** See supra, page 227. 

261 



263 ST. AGNES FREE LIBRARY. 

might be seized or possessed to The New York Public Lib- 
rary, Astor, Lenox and Tilden Foundations ; — and 

toljcreas the said St. Agnes' Library is desirous of conveying 
all its property to the said The New York Public Library, 
Astor, Lenox and Tilden Foundations^ — 

NotD, ttjcrefore, knoro gc That the said St. Agnes' Library in 
consideration of the premises and of one dollar to it in hand 
paid receipt whereof is hereby acknowledged, by virtue of the 
power and authority conferred upon it by the said Act of 
the Legislature of the State of New York, and of all other 
power and authority by it possessed, does hereby grant, con- 
vey, assign and transfer all real and personal property of 
which it is or may be seized or possessed to the said The New 
York Public Library, Astor, Lenox and Tilden Foundations, 
So t)ttt)e Otlb to Ijolb the same to the said The New York Public 
Library, Astor, Lenox and Tilden Foundations, its successors 
and assigns forever. 

Jfn toitnCBS ttJIjereof the said St. Agnes' Library has caused 
its seal to be hereunto affixed, and these presents to be attested 
by its proper officers this first day of August in the year one 
thousand nine hundred and one. 

Robert Appleton, (seal.) 

President St. Agnes Library. 

Frederick H. Hitchcock, (seal.) 
Secretary. 



documents IRelatine to Masbinaton Ibei^bts 
3free Xibrari?. 



LXXIII. 



ARTICLES OF ASSOCIATION.* 



Dated 6 May, 1868. 

Ule whose names are hereunto subscribed do hereby signify 
our consent and desire to associate ourselves together for the 
purpose of procuring and erecting a public Library at Wash- 
ington Heights in the City of New York and do hereby subscribe 
the sums set opposite our respective names to the Trustees who 
shall be elected to take charge of the monies belonging to the 
Corporation to be elected in pursuance hereof and for the pur- 
pose of incorporating ourselves. We do hereby determine to 
assemble on the second Tuesday of this current month of May 
at 8 o'clock in the evening at the residence of William H. 
Smith, Esq., in 152nd Street between 10th and nth Avenues 
and elect, nominate and appoint nine of our number as Trustees 



*" Washington Heights Free Library " was incorporated as "The Washing- 
ton Heights Library," under the provisions of the Act of April i, 17961 entitled 
"An Act to incorporate such persons as may ofSciate [so in Act; evidently 
should be "associate "] for the purpose of procuring and erecting public libraries 
in this State " (Chapter 43 of the Laws of 1796). The library was registered with 
the Regents of the University of the State of New York, on 12th June, i8g6, 
pursuant to the provisions of the University Law (Laws of 1892, Chapter 378). 

265 



266 



WASHINGTON HEIGHTS FREE LIBRARY. 



to take charge of the monies belonging to the said Corporation 
and to transact all affairs relative to the same. 

tOitness our hands this sixth day of May in the year of Our 
Lord One Thousand Eight hundred and sixty-eight. 



RuFus D. Case. 
E. S. Whitman. 
David L. Baker. 
John M. Ramsey. 
Richard Vose. 
Wm. S. Meade. 
Frederick C. Withers. 
GiLEAD B. Nash. 
William B. Harison. 
Thomas Faye. 
J. J. Stillings. 
William H. Smith. 

A. B. Mills. 

E. Spencer West. 
J. Howard Smith. 
Jas. O. West. 
L. DuHAiN, Jr. 
James Monteith. 
Jacob R. Telfair. 
Abram B. Knapp. 

B. Bensel. 

l. a. rodenstein. 
Geo. F. Jackson. 

Chas. 



$25 


John MacMullen. 


$25 


25 


J. B. Archer. 


25 


25 


Sheppard Knapp. 


25 


25 


Charles W. Elliott. 


25 


25 


Whitney Frank. 


25 


25 


Theo. H. Smith. 


5 


25 


H. C. LOCKWOOD. 


25 


25 


M. A. Wheelock. 


25 


25 


J. RoMAiNE Brown 


25 


25 


John L. Tonnell£. 


25 


25 


B. W. Van Voorhis. 


25 


25 


N. A. Lespinasse. 


25 


25 


John O. Bronson. 


25 


25 


Hy. G. Martin. 


25 


25 


Joel Marble. 


10 


25 


Wm. F. Hocking. 


25 


25 


Molyneux Bell. 


25 


25 


Alex. N. Lewis. 


25 


25 


Wm. H. Waterbury. 


25 


25 


Wm. Frothingham. 


25 


25 


Philip S. Monro. 


25 


25 


Ingersoll Lockwood. 


25 


25 


John Watson. 


5 


A. Stoddard. $5 





LXXIV. 



CERTIFICATE OF INCORPORATION. 



Dated 12 May, i868. 

Recorded in the Office of the Clerk of the County of 
New York, 3 June, 1868. 



State of New York, \ 

City and County of New York, j 

I, RuFus D. Case of the City of New York the subscriber 
hereof do hereby certify that the following named persons resi- 
dents at and in the vicinity of Washington Heights in said City, 
viz. : 



Rufus D. Case, 
David L. Baker, 
Richard Vose, 
Frederick C. Withers, 
William B. Harison, 
J. S. Stillings, 

A. B. Mills, 

J. Howard Smith, 
L. Duhain, Jr., 
Jacob R. Telfair, 

B. Bensel, 

Geo. F. Jackson, 
. J. B. Archer, 
Charles W. Elliott, 
Theo. Howard Smith, 



M. A. Wheelock, 
John L. Tonnelle, 
N. A. Lespinasse, 
Hy. G. Martin, 
Wm. F. Hocking, 
Alex. N. Lewis, 
Wm. Frothingham, 
IngersoU Lockwood, 
E. S. Whitman, 
John M. Ramsey, 
Wm. S. Meade, 
Gilead B. Nash, 
Thomas Faye, 
William H. Smith, 



James O. West, 
James Monteith, 
Abram B. Knapp, 
L. A. Rodenstein, 
John MacMuUen, 
Sheppard Knapp, 
Whitney Frank, 
H. L. Lockwood, 
J. Romaine Brown, 
B. W. Van Voorhis, 
John O. Bronson, 
Joel Marble, 
Molyneux Bell, 
Wm. H. Waterbury, 
Philip G. Monro, 



E. Spencer West, 

did by articles of Association bearing date the sixth day of May 
instant subscribe the sum of One thousand and ninety dollars in 
the aggregate and signify their desire to associate themselves 
together for the purpose of procuring and erecting a Public 

267 



368 WASHINGTON HEIGHTS FREE LIBRARY, 

Library at Washington Heights aforesaid and did unanimously 
agree also to meet the second Tuesday of the said month of May 
at 8 o'clock P.M., at the residence of William H. Smith, Esq., in 
152nd Street between Tenth and Eleventh Avenues in said City, 
to elect, nominate and appoint nine of their members as Trustees 
to take charge of the monies belonging to the corporation, to be 
so erected, and to transact all affairs relative to the same. 

!3lnb I do further certify that here at this time being the sec- 
ond Tuesday of May aforesaid, at the place aforesaid so previously 
agreed on and appointed upwards of two thirds of the said sub- 
scribers being assembled, they the said subscribers so assembled 
did proceed and elect from among themselves by ballot the sub- 
scriber hereof Chairman to preside at the election of Trustees, 
receive the votes of the subscribers, and be the officer to return 
the names of those, who, by plurality of voices should be elected 
to serve as Trustees of such Corporation. 

531ti& I do further certify that thereupon the said subscribers so 
assembled as aforesaid did by plurality of voices elect, nominate 
and appoint the following named persons to serve as Trustees 
for the said Corporation, viz. : 

John MacMuUen, Rufus D. Case, Thomas Faye, 

Sheppard Knapp, John L. Tonnelle, David L. Baker, 

William H. Smith, William B. Harison, James Monteith. 

^nl> I do further certify that the said subscribers did also at 
the time and place aforesaid unanimously determine that the 
style name or title by which the said Corporation should be dis- 
tinguished and known should be "The Washington Heights 
Library." 

3n tnitncss tnljereof, I have hereunto set my hand and seal this 
second Tuesday of May in the year of Our Lord One thousand 
eight hundred and sixty-eight. 

Rufus D. Case, (seal.) 



LXXV. 
EXTRACTS FROM THE WILL OF J. HOOD WRIGHT.* 



Will dated 25 May 1892. 

Codicil dated 22 November 1893. 
Admitted to Probate in New York, i April 1895. 

Recorded Liber 521 of Wills, page 450. 



Will. Article Eleventh. 

Section 2. But, if I shall die leaving no issue by my said 
wife, then in lieu of the provision in the foregoing Section i of 
this article Eleventh, my said residuary estate (which only is 
the subject of this Article) shall by my executors be divided 
into three separate parts as nearly equal as may be in their 
judgment, which three parts I do hereby separately devise and 
bequeath as follows: 

****** 

S. My executors and trustees shall hold the remaining 
one-third part of my residuary estate in trust to receive the 
rents, issues and profits thereof during the life of my said 
sister [Elizabeth J. Wright], and to pay the same to her or in 
case of her incapacity to apply the same for her personal and 
exclusive use, and after her death either after, before or with 
me, to pay or apply such income and principal as follows, (no 
legatee to have any right during my sister's life, to question or 
interfere with the investment of the principal or the use of the 
income of this one-third part) : 

* * * * , * * 

* Mr. Wright died 12 November, 1894, without issue. Letters testamentary 
were granted to Mary R. Wright, Charles H. Coster and John Marlcle, executors 
and trustees named in the will, 

369 



370 WASHINGTON HEIGHTS FREE LIBRARY. 

(g) I direct my executors and trustees to pay and deliver to 
the Washington Heights Library, in the City of New York, 
upon the condition that it shall be maintained at all times as a 
free circulating library, the sum of One hundred thousand dol- 
lars. Not exceeding one-quarter of such sum (either alone or in 
connection with other moneys) may be used as a building fund — 
that is to say, in the purchase of land and the erection of a 
building or buildings thereon — the remaining three-quarters to 
be kept invested and the income thereof only to be used for the 
purposes of such Library. 



LXXVI. 

ORDER OF THE SUPREME COURT CHANGING THE 

NAME OF "THE WASHINGTON HEIGHTS LIBRARY" 

TO "WASHINGTON HEIGHTS FREE LIBRARY." 



Dated 24 August, 1896. 

At a Special Term of the Supreme Court, held in 
Part I, in the County Court House, in the City 
of New York, on the 24th day of August, 1896. 

Present — Hon. Roger A. Pryor, Justice. 



In the Matter 

of the 

Petition of The Washington Heights Library to tiave its name 
changed to Washington Heights Free Library. 



Upon reading and filing the petition of The Washington 
Heights Library, and notice of the presentation of said petition 
and proof of publication thereof and the certificate of the Sec- 
retary of State annexed to said petition, and the Court having 
directed that said application be heard in this part of the Court, 
and the Court being satisfied that the said petition is true and 
has been duly authorized, that there is no reasonable objection 
to the proposed name, that the notice required by law has been 
given : 

Now on motion of Wilson and Wallis, attorneys for the peti- 
tioner, no one appearing in opposition thereto, it is 

CfDrber«5 that the petitioner be and it is hereby authorized to 

271 



373 WASHINGTON HEIGHTS FREE LIBRARY. 

assume the name Washington Heights Free Library on the first 
day of October, in the year eighteen hundred and ninety and 
six; and that this order be entered and the papers on which it 
was granted be filed within ten days hereafter in the office of 
the Clerk of the City and County of New York, and that a cer- 
tified copy of this order shall, within ten days after the entry 
thereof, be filed in the office of the Secretary of State, and that 
a copy of this order be published within ten days after the 
entry thereof in the New York Law Journal once in each week 
for four successive weeks. 

Enter. 

R. A. P., 

/. S. C. 



LXXVII. 

DEED BY CHARLES H. SHAW, INDIVIDUALLY AND 
AS EXECUTOR OF THE WILL OF JOSEPH S. 
SHAW, DECEASED, OF PREMISES NO. 924 ST. 
NICHOLAS AVENUE, BEING THE NORTHERLY 
PORTION OF THE SITE OF THE WASHINGTON 
HEIGHTS BRANCH LIBRARY BUILDING. 



Dated, 15 May 1899. 

Recorded in New York Register's Office, i June 1899. 
Liber 13 of Conveyances, page 185. Block 2107, 
Section 8. 



9[l)i3 Indenture, made the Fifteenth day of May, in the year 
eighteen hundred and ninety-nine, JBetUjectt Charles H. Shaw 
of the City of New York individually and as executor under the 
last will and testament of Joseph S. Shaw, deceased, party of 
the first part, and Washington Heights Free Library, a cor- 
poration duly organized and existing under the laws of the 
State of New York, party of the second part : toitnesoetl), that 
the said party of the first part, in consideration of the sum of 
Five thousand Dollars, lawful money of the United States, paid 
by the party of the second part, does hereby grant and release 
unto the said party of the second part, its successors and assigns 
forever, !31U that lot or parcel of land in the Borough of Man- 
hattan, City of New York, bounded and described as follows: 

JBcgittning at a point on the Easterly side of the Avenue St. 
Nicholas two hundred and thirty eight feet four and one-half 
inches northerly from the northeasterly corner of the Avenue 
St. Nicholas and One hundred and Fifty-fifth Street which 

373 



374 WASHINGTON HEIGHTS FREE LIBRARY. 

point adjoins the property now or late of William F. Buckley, 
and running thence northerly along the Avenue St. Nicholas 
ten feet; thence easterly parallel with said One Hundred and 
Fifty-fifth Street ninety-one feet eleven inches more or less to 
the westerly side of the Croton Aqueduct; thence southerly 
along said westerly side of the Croton Aqueduct nine feet seven 
and five-eighths inches more or less to the said land- of William 
F. Buckley and thence westerly along said land eighty eight feet 
three and one quarter inches more or less to the point or place 
of beginning. 

®Oigelt]er with the appurtenances and all the estate and rights 
of the party of the first part in and to said premises. 

9[o l)Ot)e onft to l)0l6 the above granted premises unto the said 
party of the second part, its successors and assigns forever. 

^nb the said party of the first part does covenant with the 
said party of the second part as follows : 

First. — That the party of the first part is seized of the said 
premises in fee simple and has good right to convey the same. 

Second. — That the party of the second part shall quietly 
enjoy the said premises. 

Third. — That the said premises are free from incumbrances. 

Fourth. — That the party of the first part will execute or pro- 
cure any further necessary assurance of the title to said premises. 

Fifth. — That the party of the first part will forever warrant 
the title to said premises. 

%\\ tDitness tOhetCof, the said party of the first part has here- 
unto set his hand and seal the day and year first above written. 

Chas. H. Shaw, individually and as 
Executor under the Will of Joseph 
S. Shaw, deceased. (seal.) 



LXXVIII. 

DEED BY JENNIE M. TOMPKINS OF PREMISES NO. 922 

ST. NICHOLAS AVENUE, BEING THE SOUTHERLY 

PORTION OF THE SITE OF THE WASHINGTON 

HEIGHTS BRANCH LIBRARY BUILDING.* 



Dated 26 May, i8gg. 

Recorded in New York Register's Office, 2 June, 1899. 
Liber 13 of Conveyances, page 186. Block 2107, 
Section 8. 



®l)is Inbunture, made the 26th day of May, in the year 
eighteen hundred and ninety-nine, between Jennie M. Tomp- 
kins, of New York, party of the first part, and the Washing- 
ton Heights Free Library, a corporation organized under 
the laws of New York, party of the second part: ttJitnessetl), 
That the said party of the first part, in consideration of Ten 
Dollars and other valuable considerations, lawful money of the 
United States, paid by the party of the second part, does hereby 
grant and release unto the said party of the second part, its suc- 
cessors assigns forever, all that certain lot, piece or parcel of 
ground, situate, lying and being in the Twelfth Ward of the 
City of New York, Borough of Manhattan and described on the 
Tax Books of said City as Lot Number Twelve (12) of Block 
2107. 

JSeginnitig at a point on the Easterly side of the St. Nicholas 
Avenue, distant two hundred and seven (207) feet three (3) 
inches Northerly from the corner formed by the intersection of 
the Easterly side of St. Nicholas avenue with the Northerly side 

* The erection of the library building on this site was begun in August, 1899. 
It was completed and the library opened to the public 14 May, 1900. 

275 



376 WASHINGTON HEIGHTS FREE LIBRAR Y. 

of West One hundred and fifty-fifth Street, and running thence 
Easterly and parallel with the line of West issth Street eighty 
feet (80 ft) six and one quarter inches (6^) inches to the 
Westerly line or side of the Croton Aqueduct, thence Northerly 
along the said line of the Croton Aqueduct, thirty (30) feet to 
land now or late of Charles H. Shaw, and thence westerly along 
said land now or late of Charles H. Shaw and parallel with the 
line of West One Hundred and fifty-fifth Street eighty-eight 
(88) feet three and one quarter (3^) inches to the Easterly line 
or side of St. Nicholas Avenue, and thence southerly along the 
Easterly side of St. Nicholas Avenue thirty one (31) feet one 
and one half (i^ in.) inches to the point or place of beginning. 
Being the same premises conveyed to the party of the first part 
by William F. Buckley. Said premises being subject to the 
payment of a mortgage for $6,000. made to William F. Buckley 
dated May 26th, 1899. 

S[ogetl)er with the appurtenances, and all the estate and rights 
of the party of the first part, in and to said premises. 8[o l)p;t)j 
ttltft to l)olb the above granted premises unto the said party of 
the second part, its successors and assigns forever. 

!3ln5 the said Jennie M. Tompkins doth covenant with said 
party of the second part as follows: 

First. — That said party of the first part is seized of the said 
premises in fee simple, and has good right to convey the same. 

Second. — That the party of the second part shall quietly 
enjoy the said premises. 

Third. — That the said premises are free from incumbrances, 
except as aforesaid. 

Fourth.— That the party of the first part will execute or pro- 
cure any further necessary assurance of the title to said premises. 

Fifth. — That the said party of the first part will forever 
warrant the title to said premises. 

3n tDitness tl(l)er£0f, the said party of the first part has here- 
unto set her hand and seal the day and year first above written. 

Jennie M. Tompkins (seal.) 



LXXIX. 

DEED OF TRANSFER TO THE NEW YORK PUBLIC 

LIBRARY.* 



Dated 9 October, 1901. 

Recorded in New York Register's Office, 2 December, 1901. 
Liber 16 of Conveyances, page 345. Block 2107, Section 8. 

SCljia Jnbcnturc made this ninth day of October, 1901, by 
and between the corporations known as The Washington 
Heights Free Library and The New York Public Library, 
AsTOR, Lenox and Tilden Foundations ; 

toljereas The New York Public Library, Astor Lenox and 
Tilden Foundations is a corporation organized under the laws of 
the State of New York, which said corporation has no members 
or stockholders other than its trustees; and 

w\)ertas The Washington Heights Free Library is a corpora- 
tion existing under the Membership Corporation Law, and is not 
a stock company, and has no stockholders, but has members 
other than its trustees; and 

u)l)£reas it was incorporated for the purpose of procuring 
and erecting a public library at Washington Heights; and 

*The Regents of the University of the State of New York approved of the 
transfer on 10 June, 1902, and accepted the surrender of the charter of ' ' Washington 
Heights Free Library " on 26 April, 1904. 

The Trustees of Washington Heights Free Library at the time of the transfer 
were: 

W. T. Alexaader, Andrew Carnegie, G. B. Curtiss, Macomb George Foster, 
Resolved Gardner, E. P. Griffin, G. B. Grinnell, Charles H. Holland, W. Travers 
Jerome, Newell Martin, J. C. Reiff, J. L. Tonnelle, E. B. Treat, A. H. Welling- 
ton, John Whalen, E. S. Whitman. 

The library was contained in the library building, at Nos. 922-924 St. Nicholas 
Avenue. 

277 



378 WASHINGTON HEIGHTS FREE LIBRARY. 

tt)l)ere06 "Washington Heights," as used in this agreement 
is understood by the parties hereto to embrace the land on Man- 
hattan Island between i3Sth Street and i7Sth Street lying west 
of the line of Edgecombe Avenue; and 

tDt)ereas in pursuance of the intentions of its founders the 
last named corporation has for many years maintained a library 
on Manhattan Island north of isoth Street, said library having 
been for a long time at the corner of Amsterdam Avenue and 
156th Street, and being now between St. Nicholas Avenue and 
Edgecombe Avenue and north of issth Street; and 

tDl)Creae The Washington Heights Free Library is desirous 
of transferring all its property to the said Public Library pur- 
suant to the provisions of Chapter 57 of the Laws of 1901;* 

Now, aijereforc, tl)i6 Jfnbcnturc toitneasctl) as follows : 

The Washington Heights Free Library hereby grants, con- 
veys, assigns and transfers all real and personal property of 
which it is or hereafter shall be seized or possessed to The New 
York Public Library, Astor, Lenox and Tilden Foundations, 
which is hereinafter also called the grantee, on the following 
terms, conditions and limitations : 

(i) The grantee shall maintain in the region now known as 
Washington Heights, in the Borough of Manhattan, in the City 
of New York, a free public library and reading room and also 
such other branches for circulation and for other purposes as it 
may deem advisable and shall carry on and promote the general 
purposes and objects declared in the charter of The Washington 
Heights Free Library ; 

(2) All property, real and personal, now owned or possessed 
by The Washington Heights Free Library, and all property, real 
or personal, which shall hereafter come into possession of the 
grantee by virtue of any gift, bequest or devise to The Washing- 
ton Heights Free Library, and the proceeds of any such property, 
in case the same or any part thereof is sold or otherwise disposed 
of, and all profits, increase or income of any such property shall 
(including both capital and income) be exclusively used for and 
applied to the free circulation of books and the maintenance of 

* See supra, page 227. 



DEED OF TRANSFER. 279 

the existing library, and of sucia other branch libraries and 
reading rooms as the grantee may deem advisable in the said 
region known as Washington Heights in the Borough of Man- 
hattan in the City of New York, and in the neighborhood of 
that region. 

Nothing in this agreement contained shall be construed to 
prevent the grantee from selHng or otherwise disposing of any 
property, real or personal, of which it may at any time be pos- 
sessed. 

Jn toitness tDljereof the parties hereto have caused the re- 
spective corporate seals of the said corporations to be afifixed 
hereto, and these presents to be attested by their respective 
presidents and secretaries thereunto duly authorized the day 
and year first above written.* 

The Washington Heights Free Library, 
(corporate seal.) By- 

Attest: Edmund S. Whitman, 

Geo. B. Curtiss, President. 

Secretary. 

The New York Public Library, 
Astor, Lenox and Tilden Foundations: 
(corporate seal.) By- 

Attest: John Bigelow, 

G. L. Rives, President. 

Secretary. 



* The Washington Heights Free Library having members other than its trus- 
tees, the foregoing conveyance and transfer was assented to by a vote of more 
than two-thirds of the members of the corporation voting in person or by proxy 
at a meeting of the members of the corporation duly called and held, as required 
by Chapter 57 of the Laws of 1901, on November 26th, 1901. A sworn statement 
by the Secretary of The Washington Heights Free Library as to the members of 
such corporation and as to the proceedings of such meeting is recorded in the 
Office of the Register of the County of New York with the Deed. 



BocumentB IRelatlns to mew ^ovU 3frec 
Circulatina ILlbrari^ for tbc BUnb. 



LXXX. 
CERTIFICATE OF INCORPORATION.* 



Dated 23 May, 1895. 

Approved by the Supreme Court, 27 May, 1895. 

Filed in County Clerk's Office, New York County, 

3 June, 1895. 
Filed in Office of the Secretary of State, Albany, 

New York, 3 June, 1895. 



State of New York, ) 

City and County of New York, j ^*" 

CtJe, the undersigned, desiring to form a corporation pursu- 
ant to Chapter 267, of the Laws of 1875, of the State of New 
York, all being of full age and two-thirds being citizens of the 
United States, and a majority citizens of the State of New York, 
do hereby certify: 

iTirst: That the name of the proposed corporation is the 
" New York Free Circulating Library for the Blind." 

Seconb : The objects for which it is formed are : 

1. To purchase books, pamphlets or matter printed in raised 
or embossed characters for the use of the blind. 

2. To print in such raised or embossed characters such books, 
pamphlets or other matter as the trustees of this corporation 
may think best, and to sell or otherwise dispose of such copies 

* The Library was registered with the Regents of the University of the State of 
New York, under the provisions of the University Law (Laws of 1892, Chapter 
378; on February loth, 1897. 

383 



284 N. Y. FREE CIRCULA TING LIBRAR V FOR THE BLIND. 

of the books, pamphlets or other matters so printed as may not 
be necessary for the purposes of the library hereinafter re- 
ferred to. 

3. To stock and maintain a library of books, pamphlets or 
other matter, printed in embossed or other characters adapted 
to the use of the blind, said library to be for the free use of all 
worthy blind persons. 

\. To receive for the use of the said library donations of 
books, pamphlets or other matter adapted to the use of the 
blind, and to dispose of by sale or otherwise any books in said 
library which for any reason may have become undesirable as 
library books. 

5. To raise or receive contributions of money to be applied 
to the purposes of the corporation above enumerated. 

8Cl)ir& : The location of the principal office of this corporation 
shall be situated in the city and county of New York. 

JFonrlt) : The number of trustees of this corporation shall be 
five, and the names of the trustees for the first year are as fol- 
lows: 

Richard R. Ferry, 504 Manhattan Avenue, New York City. 

Wm. B. Wait, 412 Ninth Avenue, New York City. 

Clara A. Williams, 121 West 86th Street, New York City. 

Clark B. Ferry, 40 Wall Street, New York City. 

Chas. W. Weston, 65 Convent Avenue, New York City. 
Dated May 23d, 1895. 

Richard R. Ferry, Phoebe J. B. Wait, 

Clark B. Ferry, H. C. Weston, 

Clara A. Williams, Edward J. Hancy, 

Wm. B. Wait, Jeannie C. Weston, 

Stephen Babcock, Henry W. Williams, 

Eliza J. Hancy, Florence A. Weston, 

Charles W. Weston, Hannah A. Babcock, 
Theo. L. Ferry. 



LXXXI. 

DEED OF TRANSFER TO THE NEW YORK 
PUBLIC LIBRARY.* 



Dated 21 February, 1903. 

Knoro all iHcn bg tljese |)rescntB, 

tX)l)£reas, New York Free Circulating Library for the Blind 
is a corporation organized under the laws of the State of New 
York, maintaining and carrying on a library in the City of New 
York, and 

tOljereos, by Chapter 57 of the Laws of 1901 of the State of 
New York, entitled "An Act to permit library corporations in 
the City of New York to convey their property to the New York 
Public Library, Astor, Lenox and Tilden Foundations,"** any 
corporation organized under the laws of the State of New York 
and maintaining and carrying on a library in the City of New 
York was authorized and empowered to grant, convey, assign 
and transfer all real and personal property of which it might 

* The Regents of the University of the State of New York approved of the 
transfer on 6 April, 1903, and subsequently accepted the surrender of the charter 
of the New York Free Circulating Library for the Blind. 

The Trustees of the New York Free Circulating Library for the Blind at 

the time of the transfer were ; 

Richard Randall Ferry, 

Clark B. Ferry, 

Clara A. Williams, 

William B. Wait, 

Charles W. Weston. 

By courtesy of the Vestry of Trinity Church the Library occupied a room in 

St. Agnes Chapel, No. I2i West 91st Street, where it was opened to the public 

on November g, 1896. 

** See supra, page 227, 

285 



286 AT. Y. FREE CIRCULATING LIBRARY FOR THE BLIND. 

be seized or possessed to The New York Public Library, Aster, 
Lenox and Tilden Foundations; and 

il)l)jr£a5, the said New York Free Circulating Library for the 
Blind is desirous of conveying all its property to the said The 
New York Public Library, Astor, Lenox and Tilden Founda- 
tions; 

NotD tljerefore Knoui gc. That the said New York Free Cir- 
culating Library for the Blind, in consideration of the premises 
and of One Dollar ($i.oo) to it in hand paid, receipt whereof is 
hereby acknowledged, by virtue of the power and authority con- 
ferred upon it by the said Act of the Legislature of the State 
of New York, and of all other power and authority by it 
possessed, does hereby grant, convey, assign and transfer all 
real and personal property of which it is or may be seized or 
possessed to the said The New York Public Library, Astor, 
Lenox and Tilden Foundations, to have and to hold the same 
to the said The New York Public Library, Astor, Lenox and 
Tilden Foundations, its successors and assigns forever. 

Jfn tOitness tol)ercof the said New York Free Circulating 
Library for the Blind has caused its seal to be hereunto affixed, 
and these presents to be attested by its proper officers this 
Twenty first day of February in the year One thousand nine 
hundred and three.* 

New York Free Circulating 
Library for the Blind, 
(corporate seal.) 

Richard Randall Ferry, 

President. 
Clara A. Williams, 

Secretary. 



* The New York Free Circulating Library for the Blind having members 
other than its trustees, the transfer of its property to the New York Public 
Library was assented to by a vote of more than two-thirds of the members of the 
corporation voting in person or by proxy at a meeting of the members of the 
corporation duly called and held as required by Chapter 57 of the Laws of igoi, 
on February 10, 1903. 



Documents IRelatlna to 
HQullar ifree %\\)vnt^ Society?. 



LXXXII. 
CERTIFICATE OF INCORPORATION. 



Dated 3 December, 1886. 

Approved by the Supreme Court 6 December, 1886. 

Filed in County Clerk's Office, New York County, 

6 December, 1886. 
Filed in Office of the Secretary of State, Albany, 

New York, io December, 1886. 



toe, the undersigned, Samuel Greenbaum, Daniel P. Hays, 
Isaac S. Isaacs, Louis B. Schram and Adolph L. Sanger, 
being citizens of the United States, and also citizens of the 
State of New York, desiring to associate ourselves together 
for the purpose of founding, continuing and perpetuating a 
library in accordance with the provisions of an act of the legis- 
lature of the State of New York entitled " An Act for the In- 
corporation of library societies" passed May 15th, 1875,* do 
hereby make this certificate and state pursuant to the said act 
as follows : 

ist. The name or title by which such society shall be known 
in law, is the 

" Aguilar Free Library Society." 

2nd. The business and object of such Society shall be to 
found, continue and perpetuate a free public library. 

3rd. The number of directors to manage such society shall 
be fifteen. 

* Laws of 1875, Chapter 343. 
389 



390 AGUILAR FREE LIBRARY SOCIETY. 

4th. The names of the directors of such society for the first 
year of its existence are as follows : 

Mark Ash, Isaac S. Isaacs, 

Morris W. Benjamin, Manuel A. Kursheedt, 

Jacob H. Fleisch, Henry M. Leipziger, 

William A. Gans, M. Warley Platzek, 

Samuel Greenbaum, V. Henry Rothschild, 

Daniel P. Hays, Adolph L. Sanger, 

Nathan Herrmann, Louis B. Schram, 

De Witt J. Seligman. 

5th. Such library shall be located in the City of New York. 

Samuel Greenbaum 
Dan'l p. Hays 
Isaac S. Isaacs 
Louis B. Schram 
Adolph L. Sanger. 

Dated New York, December 3rd, 1886.* 

* In 1886 the Legislature enacted a law to encourage the growth of free 
public libraries and free circulating libraries in the cities of the State (Laws of 
1886, Chap. 666). This act provided that any such incorporated library associ- 
ation owning real estate of the value of at least $20,000, and having at least 
10,000 volumes, and maintaining a free public library or a free circulating 
library, and circulating in a year at least 75,000 volumes, might receive City aid. 
The Young Men's Hebrew Association and the Hebrew Free School Associ- 
ation, both in the City of New York, possessed libraries which together aggregated 
upwards of 10,000 volumes. These institutions were unable adequately to main- 
tain their libraries. They therefore transferred their libraries to the Aguilar Free 
Library Society. In order to secure the required sum of $20,000 for the purchase 
of real estate, Mr. Jacob H. Schiff gave $10,000 on condition that the further 
sum of $10,000 should be raised, which was done by individual contributors, and 
the premises No. 206 East Broadway were purchased at a price of $27,500. 

A branch library was conducted in the building at No. 206 East Broadway, 
and another at No. 721 Lexington Avenue. A small branch also was conducted 
in the building occupied by the Hebrew Free School Association at No. 624 Fifth 
Street. 

In 1889, in pursuance of a written agreement made between the Aguilar Free 
Library Society, the Hebrew Free School Association and the Young Men's 
Hebrew Association, a corporation known as the "Educational Alliance " was 
formed. The object contemplated by the agreement was the erection of a build- 
ing to be occupied by these societies and by kindred organizations designed for 
the moral and intellectual improvement of residents of the East Side of the City 



CERTIFICATE OF INCORPORATION. 291 

of New York; and the objects of the "Educational Alliance," as stated in its 
certificate of incorporation, were the promotion of free education by the erection 
and maintenance of buildings in the City of New York, containing library, reading 
and class rooms and lecture and music halls, and by co-operation with other 
societies in the city. 

In 1900, the Aguilar Free Library Society purchased premises at No. 197 East 
Broadway, situated at the southeast corner of East Broadway and Jefferson 
Street, which it leased to the " Educational Alliance;" and the building known as 
the " Hebrew Institute " was erected upon these and adjoining premises. The 
branch library at No. 206 East Broadway was removed to the new building of the 
" Hebrew Institute " on its completion in'October, 1891; and the premises No. 206 
East Broadway were sold in 1894. Shortly before the transfer to the New York 
Public Library, the Aguilar Free Library Society conveyed its interest in the 
premises occupied by the '• Hebrew Institute " Building at No. 197 East Broad- 
way to the " Educational Alliance," by deed dated December 29th, 1902. 

In June 1895, the Society severed its connection with the Hebrew Free 
School Association, and the branch library which was conducted at No. 624 
Fifth Street was removed to rented quarters at No. 616 Fifth Street, where it 
remained until March, 1900, when it was removed to rented quarters at No. 106 
Avenue C. The uptown branch remained at No. 721 Lexington Avenue until 
May, i8g6, when it was removed to rented quarters at No. 113 East 59th Street. 

In May, i8g6, a branch library was established in Harlem in rented quarters; 
and to meets its needs in that part of the City the Society erected its own build- 
ing at No. 174 East noth Street, which was opened to the public in June, 1899. 

At the date of the transfer to The New York Public Library, Astor, Lenox 
and Tilden Foundations, libraries were conducted by the Aguilar Free Library 
Society in the building at No. 174 East iioth Street; in the building known as 
the " Hebrew Institute" at No. 197 East Broadway; and in rented quarters at 
Nos. 111-113 East 59th Street and at No. 106 Avenue C. Travelling libraries 
also were conducted, with numerous stations. 

The various libraries were registered with the Regents of the University of 
the State of New York, under the provisions of the University Law (Laws of 
1892, Chap. 378), on November 21, 1895, January 4, 1896, May 21, 1896, and 
October 6, 1896. 



LXXXIII. 

CORRESPONDENCE RELATING TO THE GIFT BY 

FREDERICK SPIEGELBERG OF THE NINA 

GOLDSMITH SPIEGELBERG MEMORIAL 

ALCOVE FOR BIOGRAPHICAL WORKS.* 



I. 

Letter from Mr. Spiegelberg. 

21 Broad Street, 
New York, April 4th, 1892. 
Dear Sir: 

I beg to inform you that it is my intention to establish and 
maintain in the Aguilar Free Library an alcove in memory of 
my wife. My wife was during her life ardently attached to the 
cause of propagating education and of the dissemination of the 
means thereof. Your society, with which she was affiliated at 
the time of her premature death, seems to me above all the one 
in which her memory ought to be perpetuated. 

I intend, if acceptable to your society, to give the sum of 
Two thousand Dollars for that purpose; one thousand Dollars 
to be used for the immediate establishment of the alcove and 
the purchase of books, and one Thousand Dollars to be.kept in 
trust, the interest to be applied to the maintaining of the alcove 
and the purchase of new books. I desire that the alcove shall 
be devoted to biographical works, embracing the lives of men 
and women who have distinguished themselves by their work, 
their deeds or the example they set to others. The memorial 
tablet shall contain the inscription : 

" In Memory of Nina Goldsmith Spiegelberg " — nothing else. 

* The alcove was opened to the public May 18, 1893, at the Hebrew Insti- 
tute building, 197 East Broadway. The fund at the time of the transfer to The New 
York Public Library, Astor, Lenox and Tilden Foundations, consisted of one- 
$1,000 Bond of the New York & West Shore R.R. Co. 

292 



GIFT OF FREDERICK SPIEGELBERG. 393 

I shall consider it a privilege if I were allowed to assist the 
Library Committee in the selection of the books to be pur- 
chased for the alcove. 

Kindly let me know whether you deem a formal acceptance 
on the part of the Board of Directors necessary or whether you 
have the power to accept the gift. 

I shall be much indebted to you and our colleagues in the 
Board if this gift receives as little publicity as possible. 

Yours very respectfully, 

F. Spiegelberg. 
Samuel Greenbaum, Esq., 

President Aguilar Free Library Society, 

New York City. 

a. 

Extract from the Minutes of the Board of Directors of 
the Aguilar Free Library Society. 

Dated 17 April, 1892. 

Uesoloeb, That the donation be accepted, that the Library 
Committee be instructed to co-operate with Mr. Spiegelberg in 
the selection of the books and preparation of the alcove, and 
that the Secretary extend to Mr. Spiegelberg the thanks of the 
Society. 

Kesotoeb, That Mr. Spiegelberg's letter be spread upon the 
minutes of the meeting, and that the trust indicated therein be 
accepted by the Society. 

Ue0Olt)eb, That the sum of One thousand Dollars, which, 
under the terms of the donation, is to be kept in trust, be in- 
vested by the Treasurer in some safe bond and kept as a sepa- 
rate fund to be known as the Spiegelberg Alcove Fund, and 
that investment be reported to the Board of Directors. 

Eeaoloeb, That the sum of One thousand dollars, which under 
the terms of the donation is to be used for the immediate estab- 
lishment of the Alcove and the purchase of books, be kept in a 
separate account until exhausted. 



LXXXIV. 

EXTRACTS FROM THE WILL OF BERNHARD 
MAINZER.* 



Will dated 17 March 1892. 

Codicil I. dated 17 March, 1892, 

Codicil II. dated 9 January, 1893, 

Codicil III. dated 26 March, 1895. 
Admitted to probate in New York, 21 November, 1895- 

Recorded Liber 535 of Wills, page 57. 



Will. Article Third. 

I give the sum of One hundred thousand (100,000) Reichs- 
marks, German Currency, free of inheritance tax, to my brother 
Doctor Joseph Mainzer, and request my executors to purchase 
in New York a draft for that amount and send the same to 
him. 

I desire something shall be done for charity, and I give and 
bequeath to my executrix and executors a sum of money equal 
to four per cent, of the net amount of my estate as the same 
shall be valued by my executors, after the payment to my 
brother of the above legacy of One hundred thousand Reichs- 
marks. 

The said sum is given to my executors absolutely and they 

* Mr. Mainzer died 21 November 1895. On 18 February 1897, the sum of 
$1,000. was received by the Aguilar Free Library Society from the executors. 
On January 19, 1898, the Directors, after consulting with the executors, divided 
this sum into four parts; "each to be devoted to the purchase of reference books 
for one of the branch libraries; every book to have a label inserted stating that it 
was a part of this bequest. " 

294 



WILL OF BERNARD MAINZER. 395 

shall not be required to account for the same, but the amount 
so given to them shall be charged by them as a part of my tes- 
tamentary expenses. 

I request my executors to give such sum equal to four per 
cent, upon the value of my estate, as estimated by my executors, 
less said legacy to my brother, in such amounts as they think 
proper, to such deserving charitable institutions in the City of 
New York, and to such relatives of mine or of my wife, in the 
City of New York, or elsewhere, as may require assistance, as 
they shall agree upon and select, and I request them to submit 
a list of the institutions and the persons, with the amount pro- 
posed to be paid to each institution and person, to my brother- 
in-law Charles L. Hallgarten, of Frankfort-on-the-Main, Ger- 
many, for his approval, in case he be living at the time the 
selection of such charitable institutions and persons is made. 



LXXXV. 



EXTRACT FROM THE WILL OF THEODORE G. WEIL.* 



Will dated 24 December 1896. 

Admitted to probate in New York, 27 January, 1902. 
Recorded Liber 675 of Wills, page 259. 



Article Third. 

I give and bequeath 

To the Aguilar Free Library for an alcove the sum of One 
thousand dollars. 



* Mr. Weil died 10 January, 1902. The sum of $950 was received from 
this legacy. At the date of transfer to The New York Public Library, Astor, 
Lenox, and Tilden Foundations, a portion of this fund was invested in one $50° 
bond of the Denver, Rio Grande R.R. Co. 

On December 14, 1902, the Directors of the Aguilar Free Library Society 
established in its iioth Street branch library an alcove in memory of Theodore 
G. Weil, to be devoted to American History. 

296 



LXXXVI. 

DEED BY LOUIS LESE AND WIFE OF THE PREMISES 
NO. 174 EAST iioTH STREET.* 



Dated 12 May, 1898. 

Recorded in New York Register's Office, 13 May, 1898. 
Liber 42 of Conveyances, Page 373, Section 6, Block 1637. 

®l)iB Inircntnrc made the Twelfth day of May, in the year 
Eighteen hundred and ninety-eight, between Louis Lese, of the 
City of New York, and Sarah, his wife, parties of the first part, 
and the Aguilar Free Library Society, party of the second 
part, 

tX)itneSSetl), That the said parties of the first part, in consid- 
eration of Nine Thousand Five Hundred Dollars, lawful 
money of the United States, Paid by the party of the second 
part, do hereby grant and release, unto the said party of the 
second part, its successors and assigns forever, 

^11 That certain lot, situated in the Twelfth Ward of the 
City of New York, known and designated by the Number 78, 
on a map of property in the City of New York, belonging to 
the Estate of Thomas Leggett, deceased, dated November 1851, 
surveyed by J. J. Serrel, C. S., and filed in the office of the 
Register of the City and County of New York, as Number 575, 
to wit. 

JBeginning at a point on the Southerly side of One Hundred 
and tenth Street, distant ninety-five feet Westerly from the 
Westerly side of Third Avenue, thence running Southerly 

* The library building was constructed and opened to the public on 19 June, 
1899. 

297 



298 AGUILAR FREE LIBRARY SOCIETY. 

parallel with Third Avenue, one hundred feet and eleven 
inches, to the middle line of the block, thence Westerly, along 
the middle line of the block, parallel with One hundred and 
tenth Street, twenty-five feet, to the Easterly boundary line of 
Lot Number 77 on said map, Thence Northerly along said 
last mentioned line, one hundred feet and eleven inches, to 
One hundred and tenth Street, and thence Easterly, along 
One hundred and tenth Street, twenty-five feet, to the point of 
beginning, be the said several dimensions more or less, 

Seiltg the same premises conveyed to Louis Lese, one of 
the parties of the first part, by Samuel Thorn, as Trustee 
under the Last Will and Testament of Mary S. Pearsall, de- 
ceased, by deed dated February i, 1898, and recorded March 8, 
1898, in the office of the Register of the City and County of 
New York, in Block Series (Conveyances), Section 6, Liber 41, 
page 403, and indexed under Block Number 1637, on the Land 
Map of the City of New York. 

%a^ti\\tx with the appurtenances, and all the estate and 
rights of the parties of the first part, in and to said premises, 
®0 l)at)£ ttnb to Ijolb the above-granted premises, unto the said 
party of the second part, its successors and assigns forever, 

Subject to a Mortgage, now a lien on said premises, to secure 
the sum of Six Thousand Dollars and interest.* 

^nii the said Louis Lese, one of the parties of the first part, 
does covenant with the said party of the second part as follows: 

iTirst. That Louis Lese, one of the parties of the first 
part, is seized of the said premises, in fee simple, and has 
good right to convey the same subject as aforesaid. 

Setonb. That the party of the second part shall quietly 
enjoy the said premises. 

®t)irb. That the said premises are free from incum- 
brances, except as aforesaid. 

* This and subsequent mortgages were paid off before the consolidation. 



DEED OF NO. 174 EAST iioTH STREET, 299 

iTonrtl). That Louis Lese, one of the parties of the first 
part, will execute or procure any further necessary assur- 
ance of the title to said premises. 

iFiftI). That Louis Lese, one of the parties of the first 
part, will forever Warrant the title to said premises. 

3n toitneBS tt)l)er£Of, the said parties of the first part, have 
hereunto set their hands and seals the day and year first above 
written. 

Louis Lese (l. s.) 
Sarah Lese (l. s.) 



LXXXVII, 

DEED OF TRANSFER TO THE NEW YORK 
PUBLIC LIBRARY.* 



Dated 24 February, 1903. 

9Ct)is Jnbentnrc, made the Twenty-fourth day of February, 
1903, by and between the corporation known as the " Aguilar 
Free Library Society," hereinafter called the grantor, and 
" The New York Public Library, Astor, Lenox, and Til- 
den Foundations, " hereinafter called the grantee. 

toljEreas, the grantor and grantee are corporations organized 
under the laws of the State of New York, having no members 
or stockholders other than their respective directors or trustees; 
and 

it3l)ereos, the grantor is desirous of transferring all its prop- 
erty to the said grantee, pursuant to the provisions of Chapter 
57 of the Laws of 1901.** 

Nom, tl)erefore, tljis Inbentjire toitnessetl) as follotDs ; 

The grantor hereby grants, conveys, assigns and transfers all 

* The Regents of the University of the State of New York approved of the 
transfer on 21 May, 1903, and accepted the surrender of the charter of the "Agui- 
lar Free Library Society" on 26 April, 1904. 

The trustees of the Aguilar Free Library Society at the time of the transfer 
were: 

Samuel Greenbaum, Mrs. Eugene S. Benjamin, 

David Leventritt, Harold Nathan, 

Henry M. Leipziger, Samson Lachman, 

Mark Ash, Adolph Openhym, 

Samuel A. Tuska, Frederick Spiegelberg, 

Morris W. Benjamin, Levi N. Hershfield, 

Mrs. Cyrus L. Sulzberger, Lee Kohns. 

** See supra, page 227. 

300 



DEED OF TRANSFER. 801 

the real and personal property of which it is or hereafter shall 
be seized or possessed to the grantee, on the following terms, 
conditions and limitations: 

(i) The grantee shall hold the One thousand dollar (|i,ooo) 
bond of the New York and West Shore Railroad Company, 
comprising part of the property transferred, in trust, as the 
Nina Goldsmith Spiegelberg Memorial Fund, and devote the 
income perpetually to the purchase of biographical works. 

(2) The grantee shall hold the Five hundred dollar ($500) 
bond of the Denver & Rio Grande Railroad Co., comprising 
part of the property transferred, in trust, as the Theodore G. 
Weil Memorial Fund, and devote the income perpetually to the 
purchase of historical works.* 

Jtt tnitness toljereof, the parties hereto have caused the re- 
spective corporate seals of the said corporations to be affixed 
hereto, and these presents to be attested by their respective 
presidents and secretaries thereunto duly authorized, the day 
and year first above written. 

Aguilar Free Library Society, 
(corporate seal.) By Samuel Greenbaum, 

Attest : President. 

Samuel A. Tuska, 

Secretary. 

The New York Public Library, 
AsTOR, Lenox and Tilden Foundations, 
(corporate seal.) By John Bigelow, 

Attest : President. 

Charles Rowland Russell, 

Secretary. 



* On I March 1903 the Directors of the Aguilar Free Library Society adopted 
the following resolution : 

Resolved, That the New York Public Library be notified that by inadvertence 
the above agreement had incorrectly stated that the Weil alcove was to be devoted 
to historical works instead of to American history, with the request that the cor- 
rection be made. 



LXXXVIII. 



DEED OF TRANSFER OF NO. 174 EAST iioth STREET 
TO THE NEW YORK PUBLIC LIBRARY. 



Dated 24 February, 1903. 

Recorded New York Register's Office, ii March, 1903. 
Liber 74 of Conveyances, Page 201, Section 6, Block 1637. 



Sljia Snhetltaxe., made the Twenty-fourth day of February, in 
the year One thousand nine hundred and three, between the 
Aguilar Free Library Society, party of the first part, and 
The New York Public Library, Astor, Lenox and Tilden 
Foundations, party of the Second part: iDitneBSetl), That the 
said party of the first part, in consideration of the sum of One 
Dollar, lawful money of the United States, and other valuable 
considerations, paid by the party of the second part, does 
hereby grant, bargain, sell and release unto the said party of 
the second part, its successors and assigns forever, 5^U that 
certain lot, situated in the Twelfth Ward of the Borough of 
Manhattan, in the City of New York, with the building and 

302 



DEED OF TRANSFER OF NO. 174 EAST iioTH STREET. 303 

improvements thereon erected, known and designated by the 
number 78 on a map of property in the City of New York 
belonging to the estate of Thomas Leggett, deceased, dated 
November, 1851, surveyed by J. J. Serrell, C. S., and filed in 
the office of the Register of the City and County of New York, 
as number 575, to wit: iBcginnittg at a point on the Southerly 
side of One hundred and tenth Street, distant ninety-five feet 
westerly from the westerly side of Third Avenue ; thence run- 
ning Southerly parallel with Third Avenue, one hundred feet 
and eleven inches to the middle line of the block; thence west- 
erly, along the middle line of the block parallel with One hun- 
dred and Tenth Street, twenty-five feet to the easterly boundary 
line of lot number 77 on said map; thence northerly, along said 
last mentioned line, one hundred feet and eleven inches to One 
hundred and tenth Street; and thence easterly, along one hun- 
dred and tenth Street, twenty-five feet to the point of begin- 
ning, be the said several dimensions more or less; being the 
same premises conveyed to the party of the first part by Louis 
Lese, by deed bearing date the Twelfth day of May, 1898, and 
recorded in the office of the Register of the County of New 
York, on the 13th day of May, 1898, in Section 6, Liber 42 of 
conveyances, page 373, and indexed under block number 1637 
on the Land Map of the City of New York. QCtjis deed being 
given to more fully carry out the agreement of transfer and 
consolidation between the parties hereto, dated February 
24th, 1903, as by reference thereto will more fully and at large 
appear. 

@[ogett)ei; with the appurtenances and all the estate and 
rights of the said party of the first part, in and to the said 
premises. 

8C0 IjaBC onb to Ijolib' the above granted premises unto the 
said party of the second part, its successors and assigns for- 
ever. 



304 AGUILAR FREE LIBRARY SOCIETY. 

Jfn raitness lOtjereof the said party of the first part has caused 
its corporate seal to be hereunto affixed and these presents to 
be attested by its president and secretary thereunto duly author- 
ized the day and year first above written.* 

Aguilar Free Library Society, 
(corporate seal.) by Samuel Greenbaum, 

Attest : President. 

Samuel A. Tuska, 

Secretary. 

*The Aguilar Free Library Society, having no members other than its 
trustees, the foregoing instruments were authorized to be executed, by its Board 
of Directors, at meetings held on December 15th, 1902, and March 1st, 1903. 



Documents IRelatlng to tbe Ibarlem Xibrari?. 



LXXXIX. 

ACT OF INCORPORATION OF THE HARLEM 
LIBRARY.* 



Passed 29 March, 1871. 
Laws of 1871, Chapter *i 7. 

An Act to incorporate the Harlem Library. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows : 

SecHon 1. The Harlem Library Association and the trustees 
of the Harlem School may unite in one corporation under the 
name and style of the Harlem Library. 

2. On filing with the Secretary of State a certified copy of a 

* In 1820, the Legislature of the State of New York passed an Act (Laws of 1820, 
Chapter 115) entitled " An Act relative to the Common Lands of the freeholders 
and inhabitants of Harlem." By this Act trustees were appointed to sell the said 
common lands, and were authorized out of the net proceeds thereof to pay the 
sum of $3,000 to the trustees of the Harlem Library, for the benefit of the said 
library; the sum of $4,000 to the trustees of such school as might be established 
in the village of Harlem; and certain other sums to schools and churches. 

Prior to this time a number of residents of the village of Harlem had formed a 
voluntary association for the establishment and support of a library in that vil- 
lage; but this association had never been incorporated. In order that it might 
become " legally entitled to receive the appropriation made by the Legislature 
from the proceeds of the Harlem Commons " (See minutes of the Harlem Library 
Association), it was incorporated in 1825, by the name of the Harlem Library 
Association, under the provisions of an Act of the Legislature entitled ' ' An Act 
to incorporate such persons as may officiate [So in Act; evidently should be 
"associate"] for the purpose of procuring and erecting public libraries in this 
State " (Laws of 1796, Chapter 43). 

The money which was thus received from the sale of the common lands was 

307 



308 HA RLEM LIBRA R Y. 

resolution adopted by a majority of the trustees of each of the 
said corporations, they shall thereupon become incorporated 
under the name of the Harlem Library. 

3. All the shareholders in the Harlem Library Association 
and the members of the Trustees of the Harlem School, who 
have heretofore subscribed and paid the sum required by statute, 
shall each be entitled to one share in the place of such as they 
now own in either of the said corporations. 

4. All the property, real and personal, of the said corpora- 
tions, shall vest in and belong to the corporation hereby created, 
and such corporation shall be liable for all the debts of either of 
the said corporations. 

5. The said corporation hereby created shall have and possess 
all the powers granted by the act entitled, "An act to incorpo- 
rate such persons as may associate for the purpose of procuring 
and erecting public libraries in this State, passed April first, 
seventeen hundred and ninety-six, and the several acts amenda- 
tory thereof and supplemental thereto." 

applied in part to the purchase of books and in part to the erection of a build- 
ing. 

In 1826, the Harlem Library Association purchased from the ministers, elders 
and deacons of the Reformed Low Dutch Church at Harlem a plot of ground 
situated on the west side of Third Avenue, between 121st and 122nd Streets, 
being about 25 feet in width by about 50 feet in depth, and upon this plot of land 
a library building, 22 by 28 feet, with a brick front, was erected and opened as a 
library in March, 1827. 

Subsequently, by two deeds, dated November 6, 1828, and December 12, 1855, 
respectively, the Harlem Library Association purchased from the Reformed Low 
Dutch Church additional land, situated at the rear of the above-mentioned plot, 
increasing their entire holding to a full city lot of a little more than 25 by 100 
feet. 

The library was maintained in the building first erected until 1873, when the 
building was removed and a new library building, covering 25 by 80 feet, was 
erected upon the land acquired by the above-mentioned three deeds, and was 
opened to the public on June 8, 1874. The premises were then known as No. 
2238 Third Avenue, and were sold by the Harlem Library in 1892. 

A corporation known as " The Trustees of Harlaem School" was created by 
act of the Legislature passed April 2, 1827 (Laws of 1827, chapter 149). It was 
organized in order to receive the four thousand dollars which, by the Act of 1820, 
above referred to, was authorized to be paid to the trustees of such school as 
might be established in the village of Harlem. The corporation acquired land, 



ACT OF INCORPORATION. 309 

6. The shares of the said library shall be transferrable, and 
the trustees may make the same subject to an annual payment 
for the support of the library. 

7- The trustees shall, by their by-laws, designate the time of 
the annual election of trustees, and shall give notice of such 
election annually, as prescribed in the said act, and shall fix the 
number of trustees, not exceeding nine, nor less than five, who 
shall be residents of Harlem. 

S. The trustees of the Harlem School and of the Harlem 
Library Association shall be the first trustees of the Harlem 
Library incorporated by this act and shall hold their offices 
until the first election of trustees, as provided in the last 
section. 

9. The corporation hereby created may purchase and hold 
land for the erection of a suitable building for a library and 
lecture-room, in addition to the property now owned by the 
corporation herein mentioned, provided that the annual income 
thereof shall not exceed the sum of forty thousand dollars. 

10. This act shall take effect immediately. 

erected a building and maintained a school until the establishment of a common 
school system for the Twelfth Ward rendered the maintenance of the Harlem 
School unnecessary. The building was leased to the trustees of the common 
schools until May, 1872, when it was sold. In August, 1872, the corporation 
known as ' ' The Trustees of Harlaem School " and the " Harlem Library Associa- 
tion " united in a new corporation known as the ' ' Harlem Library, " in pursuance 
of the provisions of the above act of the Legislature. Certified copies of the reso- 
lutions required by section 2 of the act were duly filed with the Secretary of State 
by The Trustees of the Harlem School on June 12, 1872, and by the Harlem 
Library Association on August 12, 1872. 

The Trustees of the Harlem School at this time were: Edgar Ketchum, William 
H. Colwell, William G. Wood, Isaac Lockwood, Jonathan Hanson, Joseph O. 
Brown and Charles H. Randell. There were 24 members. The property con- 
sisted of $26,200 in mortgages and cash. 

The Trustees of the Harlem Library Association at this time were D. P. 
Ingraham, George L. Ingraham, Robert Belloni, Henry Patterson and Nathaniel 
Jarvis. 

The Trustees of the Harlem Library, on 20 July, 1897, " Resolved, that on and 
after September i, 1897, the Harlem Library be a Free Library." The Library 
was thereupon registered with the Regents of the University of the State of 
New York, on 5 November, 1897, under the provisions of the University Law 
(Laws of 1892, Chapter 378). 



xc. 

EXTRACTS FROM THE WILL OF JOHN S. KENYON.* 



Dated 28 February, 1879. 

Admitted to Probate in New York, 10 February, 1882. 
Recorded Liber 291 of Wills, page 29. 

Article Sixth. 

I give, devise and bequeath all the rest, residue and remainder 
of my estate, both real and personal to my executors hereinafter 
named in trust to sell and dispose of all my real estate within 
ten years after my decease either at public or private sale and 
on such terms and in such manner as my said Trustees shall 
deem and determine to be for the best interests of my estate. 

To sell and convert into cash all my personal property of 
every name nature and kind whatsoever not hereinbefore dis- 
posed of except such portions thereof as may be already 
invested on bond and mortgage on real estate or in good stock 
and bond securities and which my said Executors may deem to 
be safely invested and to invest all moneys accruing from the 
sale of my real and personal property on bond and mortgage 
on real estate or in securities of the United States. 

* Mr. Kenyon died on 23 January, 1882. 

Letters testamentary were granted to Erastus F. Brown and Francis A. 
Kenyon, the executors and trustees named in the will, both of whom have since 
died. The trustee of the estate at this time is Joseph Williams. 

Prior to the transfer, in 1903, to The New York Public Library, Astor, Lenox 
and Tilden Foundations, the sum of $8,300. was received from the executors and 
trustees; and since the transfer the additional sum of $800. was received on May 
4, 1904. Proceedings are pending to purchase annuities for the annuitants under 
the will, and to effect a final distribution of the estate. 

310 



WILL OF JOHN S. KEN YON. 811 

[Here follow directions for the setting apart of various sums 
of money, to provide for the payment of certain annuities, the 
sum set apart in each case to become part of the residuary 
estate upon the death of the annuitant and then to be disposed 
of as hereinafter directed.] 

And to pay over all the remaining net interest and income 
of. my estate in semi-annual payments on the first day of 
January and July, until the Principal of my estate shall be 
distributed by my executors as hereinafter provided, to my 
residuary devisees and legatees hereinafter named in equal por- 
tions, share and share alike. 

And upon the further trust to distribute and pay over within 
ten years after my decease in equal portions all the rest residue 
and remainder of my estate and of the securities forming a part 
of my residuary estate not hereinbefore disposed of or directed 
to be set apart for the benefit of the annuitants, hereinbefore 
named, and also the proceeds arising from the sale of my real 
estate and all income and interest arising from or growing out 
of my estate not hereinbefore disposed of, to the fifteen societies 
or associations hereinafter named, my residuary devisees and 
legatees, to whom I give and bequeath the same, share and 
share alike, viz : 

To the Harlem Library on Third Avenue between one hun- 
dred and twenty first and one hundred and twenty second 

streets in the City of New York. 

******** 

It being my will that whenever any part or portion of the 
money hereinbefore directed to be invested for the annuitants 
hereinbefore named shall become part of my residuary estate as 
hereinbefore provided that then and in such case said moneys 
shall be divided equally between said societies or associations to 
whom I give and bequeath the same. 



XCI. 
EXTRACTS FROM THE WILL OF WILLIAM G. WOOD.* 



Will dated 20 March, 1876. 

Admitted to Probate in New York, 31 May, 1890, 
Recorded Liber 433 of Wills, page 295. 



At the death of the last of my brothers and sisters and wife I 
direct my executors or trustees to pay over to the children of my 
brother John Wood, each ten thousand dollars, also to the 
children of my sister Elizabeth C. Kenyon, each Ten thousand 
dollars; also to the children of my brother James Wood, each 
Ten thousand dollars, also to the children of Maggie A. Belcher, 
each Ten thousand dollars. 

Also that they pay over to the trustees of the Harlem Library, 
the interest arising from the sum of Five thousand dollars annu- 
ally, said sum to be expended for books for said Library. 

To my brother James Wood my Library for his use while he 
lives and after his death to be merged into the Harlem Library. 

* Mr. Wood died on 6 May, 1890. The executors named in the will were 
Daniel P. Ingraham, James Wood, and Samuel B. Kenyon. 

A friendly action was brought for the construction of this will, and by a 
decree dated October 26, 1891, the direction for the payment of interest on 
$5,000 to the trustees of the Harlem Library was declared void ; but the gift of 
the library to James Wood for his life and to the Harlem Library upon his death 
was held to be valid. Mr. James Wood is still living and in possession of the 
library given to him for his life. 

312 



XCII. 



AGREEMENT BETWEEN JOSEPH THOMPSON AND 

THE HARLEM CLUB RELATIVE TO CERTAIN 

RESTRICTIONS ON THE PREMISES 

NO. 32 WEST 123RD STREET. 



Dated 18 April, 1891. 

Recorded in -New York Register's Office, 22 April, 1891. 
Liber i of Conveyances, Page 448, Section 6, Block 1721. 



iEHemoran&uni of Slgrcement, made this i8th day of April 1891 
Betroecn Joseph Thompson of the City, County and State of 
New York, party of the first part, and The Harlem Club of 
New York City, a corporation duly organized and incorporated 
under the laws of the State of New York, April 27, 1886, party 
of the second part: 

ttJljercos in a certain deed from Joseph Thompson to 
R. Clarence Dorsett, dated June 18, 1888, and recorded June 
29, 1888, in the Office of the Register of the City and County of 
New York, in Liber 2142 of Conveyances at page 350, convey- 
ing premises situate at the Southeast corner of One Hundred 
and Twenty-third Street and Lenox Ayenue in said City, 

Said premises being seventy four (74) feet in width on said. 
Street by ninety (90) feet ten (10) inches in depth on said 
Avenue, there are contained among other things, the following 
restrictions and conditions in the words following, to wit: 

^tlb the said party of the second part hereto further cove- 
nants and agrees for himself his heirs and assigns, that the 
said party of the second part hereto shall not, nor shall his 

313 



314 HARLEM LIBRAE Y. 

heirs, legal representatives or assigns suffer or permit or cause 
to be erected on any portion of the easterly seventeen (17) feet 
of the premises hereinbefore described, that is on any part of 
said premises distant fifty seven (57) feet or more easterly of 
the easterly side of said Lenox Avenue, any building or erection 
of any kind soever except a private dwelling for one family 
only, and not any fiat or tenement house, and the north or front 
wall of which private dwelling and any part of said wall shall 
not extend further north or nearer to the line of One hundred 
and twenty third Street than the two private dwellings now 
owned by the party of the first part hereto, which are now 
adjoining to and immediately east of the premises hereinbefore 
described. 

3n ta^t Ijoroeoer said last mentioned private dwellings or 
either of them shall at any time be altered into or there shall 
be erected on the lot on which they stand or any portion thereof, 
a flat or tenement house or anything except a private dwelling 
for one family only, or the line of frontage shall be altered, in 
either of these contingencies this covenant and restrictions shall 
cease and determine. 

Slje said party of the second part shall not erect nor shall he 
nor his heirs, legal representatives or assigns, suffer or permit or 
cause to be erected at any time hereafter any buildings within 
forty feet of the front of said plot hereby conveyed, except of 
brick or stone with roofs of slate or metal, nor shall they erect 
or suffer or permit or cause to be erected upon any portion of 
the said plot any slaughterhouse, smith shop, forge, furnace, 
brass foundry, nail or other iron factory, or any manufactory of 
gun powder, glue, vitriol, varnish, ink or turpentine, or for the 
tanning, dressing or preparing skins, hides or leather, or any 
brewery, distillery or any other noxious or dangerous trade or 
business. 

^nl) the said covenants and restrictions shall be covenants 
and restrictions running with the land, and shall operate against 
and bind the premises above described, whether in the ownership 
and possession of the party of the second part, or his heirs, legal 
representatives or assigns. 

£iaUl covenants and restrictions, however, are to be for the 



AGREEMENT RELATIVE TO NO. 33 WEST 123RD ST. 315 

benefit only of the two houses and lot immediately adjoining on 
the east, the premises hereinbefore described, and the owners 
thereof may terminate and remove them at any time and without 
regard to owners of other property in the neighborhood ; 

!^nb tDl)creos the said R. Clarence Dorsett by two deeds each 
bearing date June 29, 1888, and recorded in said Register's 
[office] on July 3rd, 1888, in Liber 2147 of Conveyances at page 
241, and on January 2nd, 1890, in Liber 2281 of Conveyances, at 
page 45 respectively, conveyed to the said The Harlem Club of - 
New York City, the premises conveyed to the said R. Clarence 
Dorsett by the said Joseph Thompson by deed hereinbefore 
referred to, subject to all the covenants and restrictions con- 
tained in said deed; 

!^nb rol)erettS the said The Harlem Club of New York 
City is desirous of having the restrictions hereinbefore referred 
to modified for the purpose of effecting a sale to The Harlem 
Library of the premises described in the deed hereinbefore 
referred to as recorded in Liber 2281 of Conveyances at page 45 
in said Register's Office; 

!^nb roljereas the said Thompson, being still the owner of the 
two houses and lot immediately adjoining on the east the prem- 
ises last hereinbefore referred to, has agreed to modify said 
restrictions ; 

Nora tt)cwfore tljis Agreement tOitttessetl), that the said Joseph 
Thompson in consideration of the sum of One dollar and other 
good considerations him thereunto moving doth hereby modify 
and alter the aforesaid covenants and restrictions affecting the 
said premises so that the same shall be as follows: 

The said The Harlem Club of New York City, in considera- 
tion of the foregoing, covenanting and agreeing to the same as 
follows ; 

53lnb the said The Harlem Club of New York City, party 
of the second part hereto, further covenants and agrees for 
itself, its successors and assigns, that the said party of the 
second part hereto shall not nor shall its successors, or assigns, 
suffer or permit or cause to be erected on any portion of the 



316 HARLEM LIBRAR Y. 

easterly eleven and one half feet of the premises hereinbefore 
described, that is on any portion of said premises distant sixty 
two (62) feet six inches or more easterly of the easterly side of 
Lenox Avenue, any _building, or erection of any kind soever, 
the front wall of which shall extend further north or nearer to 
the line of One Hundred and twenty third Street than the 
line of frontage, as long as the same shall remain unchanged, 
of the two private dwellings now owned by the party of the 
first part hereto, which are now adjoining to and immediately 
east of the premises last described, nor within five years from 
the date hereof shall any building be erected thereon excepting 
a building to be used for the purposes of The Harlem Library 
and bachelor apartments, the rear wall of which building above 
the first story shall extend to a line drawn parallel to the South- 
erly line of One Hundred and twenty-third Street at a distance 
southerly therefrom of not less than seventy feet ten inches 
nor more than seventy one feet, and in which building in case 
steam heat is used the flue shall not be located at the easterly 
side thereof, and the boiler shall not be placed within five feet 
of the westerly wall of the building adjoining on the east the 
said premises; and between said premises and the premises now 
occupied by the said The Harlem Club of New York City, said 
last mentioned premises being more fully described in the deed 
hereinbefore referred to as Recorded in said Register's Office 
in Liber 2147 of Conveyances at page 241, there shall bene 
communication, connection or access, as long as the private 
dwelling houses now owned by said Joseph Thompson and here- 
inbefore referred to shall continue to be occupied by either the 
said Joseph Thompson or any of his children. 

The said party of the second part shall not erect nor shall it, 
nor its successors or assigns suffer or permit or cause to be 
erected at any time hereafter any building within forty (40) 
feet of the front of the said plot except of brick or stone with 
roofs of slate or metal, nor shall they erect or suffer or permit 
or cause to be erected upon any portion of the said plot any 
slaughter-house, smith shop, forge, furnace, brass foundry, nail 
or other iron factory, or any manufactory of gun powder, glue, 
vitriol, varnish, ink or turpentine, or for the tanning, dressing. 



AGREEMENT RELATIVE TO NO. 32 WEST isjRD ST. 317 

or preparing skins, hides, or leather or any brewery, distillery 
or any other noxious or dangerous trade or business ; 

^Jlnb the said covenants and restrictions shall be covenants 
and restrictions running with the land, and shall operate against 
and bind the premises above described, whether in the owner- 
ship and possession of the party of the second part, or its suc- 
cessors, legal representatives or assigns; said covenants and 
restrictions, however, are to be for the benefit only of the two 
houses and lot immediately adjoining on the east the premises 
hereinbefore described, and the owners thereof may terminate 
and remove them at any time, and without regard to owners of 
other property in the neighborhood. 

3n tDXtuess n)t)ereof the parties hereto have hereunto set their 
hands and seals the day and year first above written. 

Joseph Thompson, (l.s.) 

The Harlem Club of New York City 
(corporate seal) R. Clarence Dorsett, 

President. 
Attest : 

Edwin F. Raynor, 

Secretary of 
The Harlem Club of New York City. 



XCIII. 

DEED BY THE HARLEM CLUB OF THE PREMISES 
NO. 32 WEST 123RD STREET.* 



Dated 21 May, i8gi. 

Recorded in New York Register's Office, 4 June, 1891. 
Liber 4 of Conveyances, Page 210, Section 6, Block 1721. 

9i;i)is Jnbentnre made the 21st day of May, 1891, jBetroeen 
The Harlem Club of New York City, a Corporation duly 
organized and incorporated under the Laws of the State of 
New York, April 27th, 1866, party of the first part, and 
the Harlem Library, a corporation also duly organized and 
incorporated under the laws of the said State of New York, 
party of the second part, in manner following: 

toitnCBeetl), that the said party of the first part, in considera- 
tion of Fifteen Thousand Dollars, lawful money of the United 
States, paid by the party of the second part, doth hereby grant 
and release unto the said party of the second part, its successors 
and assigns forever: 

^U that certain lot, piece or parcel of land situate, lying and 
being in tlpe City of New York, County and State of New York, 
and being bounded and described as follows: 

JBeginning at a point in the Southerly line of 123rd Street, 
distant along said line Forty (40) feet Easterly from the point 
formed by the intersection of the Easterly line of Lenox Avenue 

* The new library building was erected on this property and opened to the 
public 15 August, 1892. 

318 



DEED OF NO. 32 WEST i23RD STREET. 319 

with the said Southerly line of 123rd Street, and running thence 
Southerly and parallel to said Easterly line of Lenox Avenue 
and part of the distance through a party wall slightly encroach- 
ing on said lot Ninety (90) feet four (4) inches; thence Easterly, 
and parallel to said Southerly line of 123rd Street Thirty four 
(34) feet ; thence Northerly, and parallel to said Easterly line of 
Lenox Avenue and part of the distance through a wall slightly 
encroaching on said Lot ninety (90) feet four (4) inches to said 
Southerly line of 123rd Street; thence Westerly, and along said 
Southerly line of 123rd Street Thirty four (34) feet to the point 
the place of beginning, be said several distances or dimensions 
more or less ; 

ffiogetljer with the right to use as a party wall, without damage 
however to the building of which it now forms part, and for the 
purpose only of inserting the ends of the floor and roof timbers 
used in the construction of the building to be erected as herein- 
after provided for on the premises hereinafter described, the 
Easterly half of the wall belonging to the party of the first part 
hereto and immediately adjoining on the west the said above 
described premises, with the privilege also to said party of the 
second part hereto to extend said wall across the gap therein 
the necessary height for the first story of the building to be 
erected by said party of the second part hereto as hereinafter 
provided ; 

Snbiect however to the covenants and restrictions contained in 
a certain Deed from R. Clarence Dorsett to the party of the first 
part hereto dated June 29th 1888 and recorded January 2nd 
1890 in the Office of the Register of the City and County of 
New York in Liber 2281 of Conveyances at page 45, as modified 
by a certain Agreement between Joseph Thompson and the 
party of the first part hereto, dated April i8th 1891, and 
recorded in said Register's Office in Block Series Liber i, section 
6 of Conveyances, page 448, April 22d 1891 ; 

Sonctljer with the appurtenances and all the estate and rights 
of the party of the first part in and to said premises; 

a;© Ijaoc onit to Ijolb, the above granted premises unto the said 
party of the second part, its successors, and assigns forever; 



320 HARLEM LIBRAR Y. 

Bubject however to a certain Indenture of Mortgage made by 
the said party of the first part hereto to the Executors, etc. of 
George W. Jewett, deceased, to secure Ten Thousand ($10,000) 
[dollars] and interest, dated April 3rd, 1890, and recorded in the 
Office of Register of the City and County of New York, in Liber 
2545 of Mortgages at page 179, April 3rd, 1890, on which there 
remains unpaid the sum of Ten Thousand Dollars (f 10.000) and 
interest at the rate of Four and one half per cent per annum, from 
April 3rd 1891, and which said Mortgage said party of the second 
part hereto hereby assumes and agrees to pay, the amount 
thereof forming part of and having been deducted from the con- 
sideration hereinbefore expressed ; 

^n& the said party of the first part doth covenant with the 
said party of the second part as follows ; 

3i;t)0t the party of the first part is seized of the said prem- 
ises in fee simple and hath good right to convey the same; 

Seconb, That the party of the second part shall quietly 
enjoy the said premises; 

8[t)irb, That the premises are free from encumbrances 
except as aforesaid ; 

iToortl), That the party of the first part will execute any 
necessary assurance of the title to said premises; 

iTiftl), That the party of the first part will forever warrant 
the title to said premises ; 

^nb the said party of the second part further covenants and 
agrees with the said party of the first part that within six months 
from the date of the delivery of this Deed it will commence the 
erection on said premises of a building suitable for the purpose 
of the Harlem Library and bachelor apartments, and thereafter 
complete the same without unreasonable delay. Such limitation 
as to building and use thereof shall be of binding force and effect 
upon the said the Harlem Library or its assigns for such period 
only as the restriction and limitation specified in the agreement 
hereinbefore referred to between the said The Harlem Club of 
New York City and Joseph Thompson shall be of binding force 
and effect upon the said The Harlem Club of New York City, 



DEED OF ISrO 32 WEST 123RD STREET. 331 

namely for a period not exceeding five years from the date of 
said deed. 

The height of the first story of said building including coping 
wall shall not exceed the height of the sill of the second story 
large window in the Westerly wall of the wellhole of the Club 
House adjoining on the Westthe premises hereinbefore described, 
and said building to the extent of said first story can be ex- 
tended to the rear of said lot above said first story. Said build- 
ing shall not extend South further than to the opening in the 
Club House wall, and the light, air and view now obtained 
from said opening shall never in any wise be obstructed further 
than is hereinbefore provided for. 

The covenants and restrictions aforesaid shall be covenants 
and restrictions running with the land and shall operate against 
and bind the premises above described whether in the owner- 
ship of the said party of the second part or its successors, legal 
representatives or assigns, 

In ttJUness to)l)crcof, the said parties hereto have caused these 
presents to be signed by their respective Presidents and attested 
by their respective Secretaries and their respective Corporate 
Seals affixed thereto the day and year first above written. 

The Harlem Club of New York City, 
(corporate seal.) R. Clarence Dorsett, 

President. 

Attest : 

Edwin F. Raynor, 

Secretary of The Harlem Club, 
New York City. 

Harlem Library, 

Erastus F. Brown, 
(corporate seal.) President. 

Edgar K. Bourne, 

Secretary of the Harlem Library. 



XCIV. 



DEED OF TRANSFER TO THE NEW YORK PUBLIC 

LIBRARY.* 



Dated 19 November, 1903. 

KnotD ail iHlen bp tljese presents, that toljcreos the Har- 
lem Library is a corporation organized under the laws of the 
State of New York, maintaining and carrying on a library in 
the City of New York; and 

toljereas, by Chapter 57 of the Laws of 1901 of the State of 
New York, entitled "An Act to Permit Library Corporations in 
the City of New York to convey their property to The New 
York Public Library, Astor, Lenox and Tilden Foundations,"** 
any corporation organized under the laws of the State of New 
York and maintaining and carrying on a library in the City of 
New York was authorized and empowered to grant, convey, 
assign and transfer all real and personal property of which it 

* The Regents of the University of the State of New York approved of the 
transfer on January 6th, 1904, and accepted the surrender of the Charter of the 
Harlem Library on April 26th, 1904. 

The Trustees of the Harlem Library at the time of the transfer were: 
D. Phoenix Ingraham, George Landon, 

Charles W. Dayton, Ronald K. Brown, 

John Bottomley, William R. Beal, 

Edgar Ketchum, Charles N. Morgan, 

Thomas Crawford. 
The library was conducted in the library building No. 32 West 123rd Street. 
** See supra, page 227. 

322 



DEED OF TRANSFER. 323 

might be seized or possessed to The New York Public Library, 
Astor, Lenox and Tilden Foundations; and 

U3l)ereo0, the said the Harlem Library is desirous of convey- 
ing all of its property, both real and personal, to the said The 
New York Public Library, Astor, Lenox and Tilden Founda- 
tions; 

Now tl)Crcfote Know f C, that the said the Harlem Library, 
in consideration of the sura of one dollar ($i.oo) in hand paid, 
the receipt whereof is hereby acknowledged, and of other valu- 
able considerations, by virtue of the power and authority con- 
ferred upon it by the said Act of the Legislature of the State of 
New York and of all other power and authority by it possessed, 
does hereby grant, convey, assign and transfer all real and per- 
sonal property of which it is or may be seized or possessed, 
to the said The New York Public Library, Astor, Lenox and 
Tilden Foundations, to have and to hold the same to the said 
The New York Public Library, Astor, Lenox and Tilden Founda- 
tions, its successors or assigns forever, on the following terms, 
conditions and limitations, viz: 

^U property, real and personal, now owned or possessed by 
the Harlem Library, and the proceeds of any such property in 
case the same or any part thereof be sold or otherwise disposed 
of, shall be used for and applied to the free circulation of books 
and the maintenance of a free public library and reading room 
in the general locality in which the library building now owned 
by the Harlem Library is situated ; and the name of the 
" Harlem Library " shall be perpetuated by a tablet to be 
placed on the building occupied by said library, bearing an 
inscription somewhat in the manner following: 

"New York Public Library, 
Harlem Library Branch. 



Harlem Library Foundation, 
incorporated 1825." 

Nothing in this agreement contained shall be construed to 
prevent The New York Public Library, Astor, Lenox and 
Tilden Foundations, its successors or assigns, from selling or 
otherwise disposing of any property, real or personal, of which 
it may at any time be possessed. 



324 HARLEM LIBRAE V. 

3n toitncSB ruljereof, the parties hereto have caused their 

respective corporate seals of the said corporations to be affixed 

hereto, and these presents to be attested by their respective 

officers thereto duly authorized, this 19th day of November, 

1903.* 

Harlem Library 

by D. Phoenix Ingraham, 

(corporate seal.) President. 

George E. Morgan, 

Secretary. 

The New York Public Library, 
Astor, Lenox and Tilden Foundations, 

John Bigelow, 
(corporate seal.) President. 

C. H. Russell, 

Secretary. 



* The Harlem Library having members other than its trustees, the transfer 
of its property to The New York Public Library was assented to by a vote of 
two thirds of the members of the corporation voting in person or by proxy at 
a meeting of the members of the corporation duly called and held, as required 
by Chapter 57 of the Laws of 1901, on October 6, 1903. A sworn statement by 
the Secretary of the Harlem Library as to the members of such corporation 
and as to the proceedings of such meeting is recorded in the Office of the Register 
of the County of New York. 



xcv. 

DEED OF TRANSFER OF NO. 32 WEST 123RD STREET 
TO THE NEW YORK PUBLIC LIBRARY. 



Dated 14 December, 1903. 

Recorded in New York Register's Office, 18 December, 1903. 
Liber 82 of Conveyances, Page 136, Section 6, Block 1721. 

Sljis Inbcntnre, made the 14th day of December, in the year 
one thousand nine hundred and three, between the Harlem 
Library, party of the first part, and The New York Public 
Library, Astor, Lenox and Tilden Foundations, party of the 
second part: 

toljereaa. The New York Public Library, Astor, Lenox 
and Tilden Foundations, is a corporation created by and 
existing under the laws of the State of New York, which said 
corporation has no members other than its trustees; and 

iBljereas, the Harlem Library is a corporation created by 
and existing under the laws of the State of New York, and has 
members other than its trustees ; and 

Wijereas, the said the Harlem Library was incorporated for 
the purpose of creating and perpetuating a public library at 
Harlem, in the Borough of Manhattan, City of New York; and 

Wt)ereas, in pursuance of the intention of its founders, the 
said the Harlem Library has for many years maintained a 
library at Harlem, in the said Borough of Manhattan, City of 
New York, and is desirous of transferring all its property to the 
said The New York Public Library, Astor, Lenox and Tilden 

335 



326 HA RLEM LIBRA R Y. 

Foundations, pursuant to the provisions of Chapter 57 of the 
Laws of 1 90 1*; 

NotD, tl)ereforc, tl)is Snbcntore aiitnessctl): That in considera- 
tion of the premises and of the sum of One dollar to it paid by 
the party of the second part, the receipt whereof is hereby 
acknowledged, the said the Harlem Library, the party of the 
first part, has granted, bargained, sold, assigned, transferred 
and set over, and by these presents does hereby grant, bar- 
gain, sell, assign, transfer and set over to The New York 
Public Library, Astor, Lenox and Tilden Foundations, 
party of the second party, all the real property of the said the 
Harlem Library, together with all interest in or rights to any 
real property in the County of New York and elsewhere, wher- 
ever the same may be situated, including the property now 
owned and occupied by the Harlem Library, which is more 
specifically described as follows : 

^11 that certain lot, piece or parcel of land, situate, lying and 
being in the Borough of Manhattan, in the City of New York, 
County and State of New York, and being bounded and de- 
scribed as follows. 

IBejgiltniug at a point in the southerly line of 123d Street 
distant along said line forty (40) feet easterly from the point 
formed by the intersection of the easterly line of Lenox Ave- 
nue with the said southerly line of 123d Street, and running 
thence southerly and parallel to said easterly line of Lenox 
Avenue and part of the distance through a party wall slightly 
encroaching on said lot ninety (90) feet four (4) inches; thence 
easterly and parallel to said southerly line of 123d Street 
thirty-four (34) feet; thence northerly and parallel to said 
easterly line of Lenox Avenue and part of the distance through 
a wall slightly encroaching on said lot ninety (90) feet four (4) 
inches to said southerly line of 123d Street; thence westerly and 
along said southerly line of 123d Street thirty-four (34) feet to 
the point or place of beginning. Be said several distances or 
dimensions more or less. 

Sogctljer with the appurtenances and all the estate and rights 
of the said party of the first part, in and to the said premises. 

* See supra, page 227. 



DEED OF TRANSFER OF NO. 32 WEST isjRD STREET, 337 

®0 \\aoe onb to l)oib the said real estate above specifically 
described, and also all other real estate, as aforesaid, in and 
to which said the Harlem Library has any right, title or 
interest, to the party of the second part, its successors and 
assigns forever; subject, however, to all covenants and restric- 
tions affecting any of said real estate in so far as there may be 
any now in force and affecting any of said premises, the said 
premises above specifically described being conveyed subject to 
a mortgage now thereon, made to secure the sum of ten thousand 
dollars ($10,000), and also to certain leases and taxes, and to 
any and all other incumbrances which may be thereon. 

Said premises to be held and maintained by the party of the 
second part, or its successors, as a public library forever, or 
until such time as the party of the second part shall deem it 
advisable to remove the library to some more suitable location 
in Harlem, in which case, this covenant shall be void, and the 
premises to which the library shall be moved, shall be still 
identified by a suitable tablet as the " Harlem Library Foun- 
dation, incorporated 1825." 

In VOxXntm tnlicreof, the party of the first part has caused its 
corporate seal to be hereto affixed, and this instrument to be 
executed by its president the day and year first above written. 

Harlem Library 

by D. Phcenix Ingraham, 
(corporate seal,) President. 

Geo. E. Morgan, 

Secretary. 



Documents IRelating to 
^ottenviUe Xlbrari? Hseociation. 



XCVI. 

PROVISIONAL CHARTER FROM THE UNIVERSITY 
OF THE STATE OF NEW YORK.* 



Dated 26 June, 1899. 

Recorded in the office of the Regents 
OF the University of the State of 
New York, Albany, 26 June, 1899. 

University of the State of New York. 

Provisional Charter of 

tottenville library association. 

tiJljercaa, a petition for incorporation as an institution of the 
University has been duly received, and 

Wljereas, official inspection shows that partial provision has 
been made for buildings, furniture, equipment and for proper 
maintenance, and that all other prescribed requirements will be 
fully met, 

S[l)erefor£, being satisfied that public interests will be pro- 
moted by such incorporation, the Regents, by virtue of the 
authority conferred on them by law, hereby incorporate pro- 
visionally Cynthia M. Little, Mary L. Mason, Gilbert S. Barnes, 
Judson C. Hendrickson, Frank Joline, and their associates and 
successors in office under the corporate name of Tottenville 
Library Association, with all powers, privileges and duties, 
and subject to all limitations and restrictions prescribed for such 

* The Association was organized as the result of a public meeting held 6 
February, 1899. 

Tottenville Library Association was incorporated under the provisions of 
"The University Law," being Chapter 378 of the Laws of 1892, as amended by 
Chapter 859 of the Laws of 1895. 

331 



333 TOTTEMVILLE LIBRARY ASSOCIATION. 

corporations by law or by the ordinances of the University of 
the State of New York. The first trustees of said corporation 
shall be the above named incorporators. The number of trus- 
tees shall be five, and their successors shall be elected by the 
corporation, one each year to serve five years. 

This corporation shall be located at Tottenville, Richmond 
County, New York. 

If within five years satisfactory evidence is submitted that all 
requirements of law or University ordinances as then in force 
are fully met, the Regents will make this charter absolute, but 
otherwise after June 26, 1904, on notice from the Regents to 
this effect, it shall terminate and become void and sjiall be 
surrendered to the Regents. 

Jfn roitneBS tDl)Cr£Of the Regents grant this charter No. 1276, 
under seal of the University, at the capitol in Albany, June 26, 
1899. 

(seal of the university.) 

Melvil Dewey, Anson Judd Upson, 

Secretary. Chancellor. 



XCVII. 

DEED OF TRANSFER TO THE NEW YORK PUBLIC 

LIBRARY.* 



Dated 31 December, 1903. 

Knotn ail men b2 tijcse presents tl)at: 

w\)exeaB the Tottenville Library Association is a corpora- 
tion organized under the laws of the State of New York, main- 
taining and carrying on a library in the City of New York, 
having members other than its directors or trustees; and 

tDl)ereas by Chapter 57 of the Laws of 1901 of the State of 
New York, entitled "An Act to permit library corporations in 
the City of New York to convey their property to The New 
York Public Library, Astor, Lenox and Tilden Foundations,"** 
any corporation organized under the laws of the State of New 
York and maintaining and carrying on a library in the City of 
New York was authorized and empowered to grant, convey, 
assign and transfer all real and personal property of which it 

* The Regents of the University of the State of New York approved of the 
transfer on 10 February, 1904, and accepted the surrender of the Charter of the 
Tottenville Library Association on 26 April, 1904. 

The Trustees of the Tottenville Library Association at the time of transfer 
were: Frank Joline, Charles A. Marshall, Charles T. Meyers, G. S. Barnes and 
John B. Rowlands. The library was conducted in rented quarters at No. 137 
Johnson Avenue, Tottenville, Staten Island. A branch also was conducted at 
the S. S. White Dental Co. buildings at Prince's Bay, Staten Island. The 
Library was removed to the new building, erected under the Andrew Carnegie 
Gift, on Amboy Road in Tottenville, and was opened to the public on 28 Nov- 
ember, 1904. The greater part of the land for this building was given to the City 
of New York for the purpose by Mr. William Ziegler. 

** See supra, page 227. 

333 



334 TOTTENVILLE LIBRARY ASSOCIATION. 

might be seized or possessed to The New York Public 
Library, Astor, Lenox and Tilden Foundations; and 

tol)ereaB the said Tottenville Library Association is desirous 
of conveying all its property of whatever kind to the said The 
New York Public Library, Astor, Lenox and Tilden 
Foundations; 

NotD, tljcrefore, knoro ge that the said Tottenville Library 
Association, in consideration of the premises and of one dollar 
to it in hand paid, receipt whereof is hereby acknowledged, by 
virtue of the power and authority conferred upon it by the said 
Act of the Legislature of the State of New York, and of all 
other power and authority by it possessed, does hereby grant, 
convey, assign and transfer all real and personal property of 
whatever kind of which it is or may be seized or possessed to 
the said The New York Public Library, Astor, Lenox and 
Tilden Foundations, to have and to hold the same to the said 
The New York Public Library, Astor, Lenox and Tilden 
Foundations, its successors and assigns forever. 

jjn U)itnes6 n)l)er«of the said Tottenville Library Associa- 
tion has caused its seal to be hereunto affixed and these pres- 
ents to be attested by its proper officers, this thirty-first day of 
December in the year One thousand nine hundred and three.* 

Frank Joline, 
(corporate seal.) President. 

Charles T. Meyers, 

Secretary. 

* The Tottenville Library Association having members other than its trustees, 
the transfer of its property to the New York Public Library was assented to by a 
vote of more than two-thirds of the members of the corporation voting in person 
or by proxy at a meeting of the members of the corporation, duly called and held 
as required by Chapter 57 of the Laws of igoi, on 14 August, 1902, and ratified 
at a members' meeting held 14 July, 1903. 



Documents IRelatlng to tbe Xibrari? of tbe 

'mniverelti? Settlement Society 

of mew l^orF?. 



XCVIII. 

CERTIFICATE OF INCORPORATION OF THE 

UNIVERSITY SETTLEMENT SOCIETY 

OF NEW YORK. 



Dated i March, 1892. 

Approved by the Supreme Court, 4 March, 1892. 

Filed in the office of the Secretary of State, 

Albany, New York, 7 March, 1892. 
Filed in the office of the County Clerk, New 

York County, 4 March, 1892. 

Certificate of Incorporation of the University Settle- 
ment Society of New York. 

The undersigned persons, all of whom are of full age and 
citizens of the United States, and a majority of whom are also 
citizens of the State of New York, who desire to form them- 
selves into a society for social, mutual benefit, philanthropic 
and benevolent purposes, pursuant to and in conformity with 
an act entitled "An act for the incorporation of societies or 
clubs for certain lawful purposes," being chapter two hundred 
and sixty-seven of the Laws of eighteen hundred and seventy- 
five, and with the several laws amendatory thereof or supplemen- 
tary thereto, hereby certify as follows: 

ifitst: Such Society shall be known in law by the name and 
title of the 

University Settlement Society of New York. 

Qecoritt : The particular business and objects of this Society 
shall be: To bring men and women of education into closer 
relations with the laboring classes in this city for their mutual 
benefit, and to establish and maintain in the tenement-house 
districts places of residence for college men and others desirous 

337 



338 UNIVERSITY SE TTLEMENT SOCIE T V LIBRAR Y. 

of aiding in the work ; with rooms where the people of the 
neighborhood may rheet for social and educational purposes. 

@I^i)irb : The number of Directors to manage such Society 
shall be eighteen, and the names of such directors for the first 
year of the existence of the said Society are: 

Frank L. Babott, Samuel H. Ordway, 

R. R. Bowker, John B. Pine, 

Abram C. Bernheim, Henry D. Sedgwick, Jr., 

Alanson T. Enos, James R. Sheffield, 

Joseph B. Gilder, Fanny Garrison Villard, 

Frank J. Goodnow, Evart Jansen Wendell, 

Seth Low, Henry Holt, 

P. J. Mosenthal, Edmond Kelly, and 

William S. Opdycke, Howard Mansfield. 

iFonrtt) : The principal office and place of business of such 
Society shall be in the City, County and State of New York. 

3fn tnitness toljcreof, we have hereunto severally subscribed 
our names in the City of New York, this first day of March, in 
the year one thousand eight hundred and ninety-two. 

John B. Pine. 
Frank J. Goodnow. 
Alanson T. Enos. 
Philip J. Mosenthal. 
Fanny G. Villard. 
Henry D. Sedgwick, Jr. 
Henry Holt. 
James R. Sheffield. 



XCIX. 



DEED OF TRANSFER OF THE LIBRARY PROPERTY 

OF THE UNIVERSITY SETTLEMENT SOCIETY 

TO THE NEW YORK PUBLIC LIBRARY.* 



Dated 31 December, 1903. 

Knott) all men bg tl)csc presents tl)at: 

uJljcreas the University Settlement Society is a corpora- 
tion organized under the laws of the State of New York, having 
as one of its purposes the maintaining and carrying on of a 
library in the City of New York ; and 

toljercos The New York Public Library, Astor, Lenox 
AND TiLDEN FOUNDATIONS, is about to Construct a library build- 
ing adjoining the building now occupied by the University Set- 
tlement Society, which building is to be constructed under the 
gift of Andrew Carnegie, and is to be part of the system of libra- 
ries belonging to and maintained by the City of New York 
under the terms of a contract dated July 17, 1901 ; and 

tol)erea0 the said University Settlement Society is desirous of 
conveying its library property to the said The New York Public 
Library, Astor, Lenox and Tilden Foundations, 

Notn, tljereforc, know ge that the said University Settlement 
Society, in consideration of the premises and of one dollar to it 

* The library at the time of transfer was contained in the building of the 
University Settlement Society at No. 184 Eldridge Street. A building is now in 
course of erection, under the Andrew Carnegie Gift, at Nos. 61-63 Rivington 
Street, for this library. 

The University Settlement Society library was registered with the Regents of 
the University of the State of New York on 20 October, 1896. The Regents 
approved of the transfer on i November, 1904. 

839 



340 UNIVERSITY SETTLEMENT SOCIETY LIBRARY. 

in hand paid, receipt whereof is hereby acknowledged, does 
hereby grant, convey, assign and transfer its library of printed 
books, pamphlets and manuscripts contained in the Settlement 
Building to the said The New York Public Library, Astor, 
Lenox and Tilden Foundations, to have and to hold the same 
to the said The New York Public Library, Astor, Lenox and 
Tilden Foundations, its successors and assigns forever, on con- 
dition, nevertheless, that the said The New York Public Li- 
brary, Astor, Lenox and Tilden Foundations shall continue to 
maintain a library in the building of the Settlement until the 
opening of the library building to be constructed under the 
gift of Andrew Carnegie in the vicinity of the Settlement 
Building. 

3n tuitness n)l)ereofthe said University Settlement Society has 
caused its seal to be hereunto affixed and these presents to be 
attested by its proper officers this thirty-first day of December 
in the year One thousand nine hundred and three. 

Stephen H. Olin, 

President. 
(corporate seal) 

Seymour L. Cromwell, 

Secretary. 



Documents IRelatlng to tbe Mebstcr jfrce 
Uibrar^ of Zl)c East Slbe Ibouse. 



c. 



CERTIFICATE OF INCORPORATION OF 
THE EAST SIDE HOUSE.* 



Dated 5 June, 1891. 

Approved by the Supreme Court, 8 June, 1891. 

Filed in the office of the Secretary of State, 

Albany, New York, 9 June, 1891. 
Filed in the office of the County Clerk, 

New York County, 8 June, 1891. 

©Ills i0 to ccrtifg That we, the undersigned, all of full age 
and citizens of the United States, desire and propose to form 
ourselves into a society or club for social, benevolent, gymnas- 
tic, athletic and literary purposes, under the act of the Legis- 
lature of the State of New York, entitled "An Act for the 
incorporation of societies or clubs for certain lawful purposes," 
passed May 12th, 1875, and of the several acts amendatory 
thereof and supplementary thereto, and we do hereby make, 
sign and acknowledge this certificate in writing and further 
state : 

I. 

The name or title under which the said proposed society or 
club shall be known in law is The East Side House. 

* The East Side House was organized by the Church Club of the City of New 
York, on 20 April, 1890, and was incorporated under Chapter 267 of the Laws of 

1875. 

On 31 March, 1893, Mr. Charles B. Webster offered to the trustees the sum of 
$10,000 for the erection of a library building on the land of The East Side House 
adjoining its Settlement Building. This offer was accepted, and the building 
subsequently erected was opened to the public on 15 January, 1894. 

On September i, 1893, Mr. Edward Clarence Spofford presented to the 
trustees 4,000 volumes for the new library. 

343 



344 WEBSTER FREE LIBRAR Y. 

II. 

The particular business or object of such society or club is to 
furnish to members thereof and to others facilities for social 
intercourse, for literary, gymnastic and athletic exercises and 
amusements, to maintain a library and reading-room, and to 
promote benevolence among its own members and others. 

III. 

The number of managers who shall manage the same is seven, 
and a majority of the same shall at all times be members of the 
Protestant Episcopal Church in the United States of America. 

IV. 

The names of the managers for the first year of its existence 
are Everett P. Wheeler, J. Van Vechten Olcott, John Brooks 
Leavitt, Richard H. Derby, John Sabine Smith, Edward R. 
Satterlee and Joseph H. Sterling. 

V. 

The principal office of such society or club shall be in the 
City and County of New York. 

jjn roitneos n)l)ereof, we, the undersigned, have hereunto set 
our hands and seals, the fifth day of June, 1891. 

Everett P. Wheeler, (Seal) 

Edward R. Satterlee, (Seal) 

John Brooks Leavitt, (Seal) 

Richard H. Derby, (Seal) 

John S. Smith, (Seal) 

J. Van Vechten Olcott, (Seal) 

Joseph H. Sterling, (Seal) 



CI. 

DEED OF TRANSFER OF THE WEBSTER FREE 

LIBRARY TO THE NEW YORK 

PUBLIC LIBRARY.* 



Dated 31 December, 1903. 

Knou) oU men bg tl)csc prcseitta tl)at: 

U)l)ereas The East Side House settlement is a corporation 
organized under the laws of the State of New York, having as 
one of its purposes the maintaining and carrying on of a library 
in the City of New York; and 

Ujf)crca0, The New York Public Library, Astor, Lenox 
AND TiLDEN FOUNDATIONS, is about to Construct a library build- 
ing in the vicinity of the building now occupied by The East 
Side House settlement, which building is to be constructed 
under the gift of Andrew Carnegie, and is to be part of the 
system of libraries belonging to and maintained by the City of 
New York under the terms of a contract dated July 17, 1901 ; and 

V3l)exea3 the said East Side House settlement is desirous of 
conveying its library property to the said The New York Public 
Library, Astor, Lenox and Tilden Foundations. 

Now, tljcrefore, know gc that the said East Side House settle- 

* At the time of the transfer the Hbrary was conducted in the Webster Library 
building, belonging to The East Side House, at 76th Street and the East River. A 
new building is being erected for this library at Nos. 1465-1467 Avenue A, under 
the Andrew Carnegie Gift. 

The Webster Free Library was registered with the Regents of the University 
of the State of New York, on 4 September, 1894. The Regents approved of the 
transfer on January 6, 1904. 

345 



346 WEBSTER FREE LIBRARY. 

ment, in consideration of the premises and of one dollar to it in 
hand paid, receipt whereof is hereby acknowledged, does hereby 
grant, convey, assign and transfer its library of printed books, 
pamphlets and manuscripts contained in the Settlement Building 
known as the Webster Library building to the said The New 
York Public Library, Astor, Lenox and Tilden Foundations, to 
have and to hold the same to the said The New York Public 
Library, Astor, Lenox and Tilden Foundations, its successors 
and assigns forever, on condition nevertheless that the said 
The New York Public Library, Astor, Lenox and Tilden Foun- 
dations shall continue to maintain a library in the building of 
the Settlement until the opening of the library building to be 
constructed under the gift of Andrew Carnegie in the vicinity 
of the Settlement Building, subject to such reservation of books 
of reference suitable to the settlement reading room as may be 
agreed upon between the parties hereto. 

3n roitness roliereof the said East Side House Settlement has 
caused its seal to be hereunto affixed and these presents to be 
attested by its proper officers this thirty-first day of December 
in the year One thousand nine hundred and three. 

The East Side House 

by Everett P. Wheeler 
(corporate seal.) President. 

William H. Kelly 

Secretary. 



Documents IRelatina to tbe 
Catbebral jfree Clrculatina Xibrar^. 



CII. 

CHARTER FROM THE UNIVERSITY OF THE STATE 
OF NEW YORK.* 



Dated 15 October, 1896. 

Recorded in the Office of the Regents of the Uni- 
versity OF THE State of New York, Albany, 15 
October, 1896. 

University of the State of New York. 

Charter of 
Cathedral Free Circulating Library. 

tol)ercO0 a petition for incorporation as an institution of the 
University has been duly received, and 

baifexeas official inspection shows that suitable provision has 
been made for buildings, furniture, equipment and for proper 
maintenance, and that all other prescribed requirements have 
been fully met; 

^i]txei0Vei being satisfied that public interests will be pro- 
moted by such incorporation, the Regents, by virtue of the 

* A circulating library for parishioners of the Cathedral parish was organized 
in St. Patrick's Cathedral in November, 1887, and was opened in the Cathedral 
School hall, No. iii East 50th Street, on 3 January, 1888. 

By the courtesy of the Trustees of St. Patrick's Cathedral, the library was 
removed, in February, 1892, to the building No. 123 East 50th Street, which was 
the property of the Cathedral corporation; and in 1893 the library was thrown 
open to the public as a free circulating library. At the time of consolidation 
with the New Vork Public Library five branches were conducted, as hereinafter 
enumerated. (See footnote at page 351.) 

In 1896 the Cathedral Free Circulating Library was incorporated under the 
provisions of the University Law, being Chapter 378 of the Laws of 1892, as 
amended by Chapter 859 of the Laws of 1895. 

349 



350 CA THEDRAL FREE CIRCULA TING LIBRAR Y. 

authority conferred on them by law, hereby incorporate Joseph 
J. O'DoNOHUE, John D. Crimmins, Thomas O'Donohue, John 
Hayes, Henry McAleenan, Patrick E. Lynch, James L. 
McLaughlin and their successors in office under the corporate 
name of 

Cathedral Free Circulating Library 

with all powers, privileges and duties, and subject to all limita- 
tions and restrictions prescribed for such corporations by law 
or by the ordinances of the University of the State of New 
York. The first trustees of said corporation shall be the above 
named incorporators. The number of trustees shall be seven 
and they shall have power to choose their own successors. 

This corporation shall be located in the city, county and state 
of New York. 

In toitncss tiJljercof the Regents grant this charter No. 1043 
under seal of the University, at the capitol in Albany, October 
IS, 1896. 

Anson Judd Upson 
[seal of the university] Chancellor 

Melvil Dewey 

Secretary 



cm. 

DEED OF TRANSFER TO THE NEW YORK PUBLIC 

LIBRARY.* 



Dated 31 December, 1904. 

\incm all men be tl)ege presente tl)at 

tDI)creas, the Cathedral Free Circulating Library is a 
corporation organized under the Laws of the State of New- 
York, maintaining and carrying on a library in the City of New 
York, and 

iDI)e«OS, by Chapter 57 of the Laws of 1901 of the State of 
New York, entitled "An Act to permit Library Corporations in 
the City of New York to convey their property to The New 
Public Library, Astor, Lenox and Tilden Foundations,** any 
corporation organized under the Laws of the State of New York 
and maintaining and carrying on a library in the City of New 
York was authorized and empowered to grant, convey, assign 

* The Regents of the University of the State of New York approved of the 
transfer on 16 January, 1905. 

The Trustees of the Cathedral Free Circulating Library, at the time of the 
transfer, were: John Hayes, Joseph H. McMahon, Joseph F. Mooney, Malick A. 
Cunnion, M. J. Considine, Henry McAIeenan, Edward J. McGuire, Thomas F. 
Woodlock, Thomas J. O'Donohue and John D. Crimmins. 

The Library had five branches, conducted in rented quarters, at No. 536 
Amsterdam Avenue, No. 123 East 50th Street, No. 463 West 51st Street, No. 
501 West 40th Street, and No. 230 East 22d Street; and conducted several small 
stations and travelling libraries. 

** See supra, page 227. 

351 



352 CATHEDRAL FREE CIRCULATING LIBRARY. 

and transfer all real and personal property of which it might be 
seized or possessed to The New York Public Library, Astor, 
Lenox and Tilden Foundations; and the said the Cathedral 
Free Circulating Library is desirous of conveying all its prop- 
erty to the said The New York Public Library, Astor, Lenox 
and Tilden Foundations, 

NotD, tl)ereforc, knotn ge, that the said the Cathedral Free 
Circulating Library, in consideration of the premises and of 
one dollar to it in hand paid, the receipt whereof is hereby 
acknowledged, by virtue of the power and authority conferred 
upon it by the said Act of the Legislature of the State of New 
York, and of all other power and authority by it possessed, does 
hereby grant, convey, assign and transfer all real and personal 
property of which it is or may be seized or possessed to the said 
The New York Public Library, Astor, Lenox and Tilden 
Foundations, 

So tjaue onb to Ijoli* the same to the said The New York 
Public Library, Astor, Lenox and Tilden Foundations, and 
its successors and assigns, forever, 

3n toitness tOljereof, the said the Cathedral Free Circu- 
lating Library has caused this instrument to be executed by 
its proper oflScers and its seal attached hereto and attested, this 
thirty-first day of December, in the year One thousand nine 
hundred and four. 

Cathedral Free Circulating Library, 
by John Hayes, 
[corporate seal] President. 

Attest: 

Joseph H. McMahon, 

Secretary. 



niMscellaneous documents IRcIatlng to 

^be mew l^orft public Xibrari?, 
Hstor, Xenoi anb ^ilben ifounbations. 



CIV. 



AGREEMENT FOR THE DEPOSIT OF BIBLES BY 
THE AMERICAN BIBLE SOCIETY. 



Dated 14 October, 1896. 

®l)is J^grcenwnt, made the Fourteenth day of October, eight- 
een hundred and ninety-six, between The American Bible 
Society, a corporation organized under the Laws of the State 
of New York, party of the first part, and The New York Pub- 
lic Library, Astor, Lenox and Tilden Foundations, a cor- 
poration organized under the Laws of the State of New York, 
party of the second part. 

iUitnessetl) as follows : 

iTirst : In order to secure the safe-keeping of its Bibles and 
books relating to the Bible and at the same time to make them 
accessible to the public under the most favorable conditions. 
The American Bible Society offers to deposit with The New 
York Public Library, Astor, Lenox and Tilden Foundations, its 
collection of books and Bible manuscripts, reserving such as 
may be needed for reference in its regular work. 

0econlr: The New York Public Library, Astor, Lenox and 
Tilden Foundations, accepts the deposit and undertakes to make 
the collection available for the use of the public under such 
restrictions as are or may be observed in the Lenox Department 
of the Public Library; taking the same precautions against 
damage or loss, especially by fire or robbery, as in the case of 
its own property. 

Sljirii: The transfer of the books and manuscripts above 
mentioned is to be made at the expense of The American Bible 
Society and at the convenience of the respective librarians. 

355 



356 MISCELLANEOUS DOCUMENTS. 

iFonttI) : A duly accredited representative _ of The American 
Bible Society shall have personal access to the above-mentioned 
collection at any reasonable hours. 

ififtl) : The right is reserved by The American Bible Society 
to withdraw temporarily any volumes which it may desire. 

SyrtI) : Either party to this agreement may cause it to be ter- 
minated by giving notice to that effect twelve months in 
advance; but, in case such notice shall be given by The Amer- 
ican Bible Society within twenty-five years from the present 
time, a reasonable amount shall be paid to The New York Pub- 
lic Library, Astor, Lenox and Tilden Foundations, for the ex- 
pense which it may have incurred in making a catalogue of the 
books. 

3fn tDitncss toljereof, the parties hereto have caused their cor- 
porate seals to be hereunto affixed and these presents to be 
attested by their duly authorized officials on the day and year 
first above written. 

The American Bible Society, 

[corporate seal.] E. L. Fancher, 

President. 
Caleb T. Rowe, 

Recording Secretary. 

The New York Public Library, 
AsTOR, Lenox and Tilden Foundations. 

[corporate seal.] John Bigelow, 

Presfdent. 
G. L. Rives, 

Secretary. 



cv. 



EXTRACT FROM THE WILL OF ALEXANDER M. 
PROUDFIT.* 



Will dated 7 February, 1899. 

Admitted to Probate in New York, 17 April, i8gg. 
Recorded Liber 617 of Wills, page 38. 



Article Twenty- Fourth. 



I give and bequeath to the New York Public Library the sum 
of Ten thousand dollars (f 10, 000), to be known as the "James 
Owen Proudfit Fund." It is my wish that the income from 
said fund be used for purchasing books on naval history. 

* Alexander M. Proudfit died on February 10, 1899. 

The sum of $10,000 was received by The New Yorlc Public Library, Astor, 
Lenox and Tilden Foundations, during the years 1899 and igoo. 



357 



CVI. 

DEED BY BREINCHEN WALLACH OF THE PREMISES 
NO. 222 EAST 79TH STREET.* 



Dated 6 May, igoi. 

Recorded in New York Register's Office, 6 May, igoi. 
Liber 74 of Conveyances, page 251, Section 5, Block 1433. 

®l)is Jnbetttttre, made the sixth day of May, in the year nine- 
teen hundred and one, betmutl Breinchen Wallach, formerly 
Breinchen Rothschild, wife of Karl M. Wallach, of the City, 
County and State of New York, party of the first part, and The 
New York Public Library, Astor, Lenox and Tilden Foun- 
dations, party of the second part: 

toitneSBCtl), that the said party of the first part, in considera- 
tion of one dollar and other good and valuable considerations, 
lawful money of the United States, paid by the party of the 
second part, does hereby grant and release unto the said party 
of the second part, its successors and assigns forever: 

<Mi that certain lot of land and the dwelling-house thereon 
erected, situate on the southerly side of Seventy-ninth Street, in 
the City of New York, bounded and described as follows, viz: 

!3egiTtning at a point on the South side of Seventy-ninth 
Street, distant two hundred and sixty-five feet Easterly from 
the South-easterly corner of Seventy-ninth Street and Third 

*The premises Nos. 222-224 East 79th Street were contracted to be purchased 
by The New York Free Circulating Library before the consolidation with The 
New York Public Library, Astor, Lenox and Tilden Foundations, which subse- 
quently purchased the premises for $28,000. The premises were approved as a 
site for one of the buildings to be erected under the gift of Andrew Carnegie, by 
resolution of the Board of Estimate and Apportionment on 28 August, 1901. 
The building was erected and was opened to the public on 13 December, 1902. 

358 



DEED OF PREMISES NO. 222 EAST jgrH STREET. 859 

Avenue; running thence Southerly, parallel to Third Avenue, 
and part of the way through the centre of a party wall, one 
hundred and two feet two inches to the middle line of the block ; 
thence Easterly, along the middle line of the block, twenty feet; 
thence Northerly, parallel to Third Avenue, and for part of the 
way through the middle of a party wall, one hundred and 
two feet and two inches to the Southerly side of Seventy- 
ninth Street; thence westerly, along Seventy-ninth Street, 
twenty feet to the place of beginning, said premises being 
now known as No. 222 East 79th Street, in the City of New York, 
Borough of Manhattan, being the same premises conveyed to 
the said Breinchen Wallach, formerly Breinchen Rothschild, 
party of the first part hereto, by virtue of and according to the 
terms of an ante-nuptial Agreement dated May nth, 1892, and 
recorded in the office of the Register of the City and County of 
New York, on the 12th day of May, 1892, at 2 o'clock 12 min- 
utes in the afternoon, in Block series of Conveyances, Section 5, 
Liber 13, page 83, and indexed under the block number 1433 
on the Land Map of the City of New York. 

@[05£tt)er with the appurtenances and all the estate and rights 
of the party of the first party in and to said premises. 

SCo l)ttBC (tltb to l)olb the above granted premises unto the 
said party of the second part its successors and assigns forever. 

0tlb|ect, nevertheless, to a Mortgage made by John T. Galligan 
and wife to Henry R. Winthrop, Trustee, dated June 6th, 1887, 
to secure Ten thousand dollars and interest, and recorded June 
7th, 1887, in Liber 2174 of Mortgages, page 380, in the office of 
the Register of the City and County of New York.* 

!3lnb the said party of the first part does covenant with the 
said party of the second part as follows : 

iTirst. That the said party of the first part is seized of 
the said premises in fee simple and has good right to con- 
vey the same. 

Seconlr. That the party of the second part shall quietly 
enjoy the said premises. 

* This mortgage was subsequently paid off. 



360 MISCELLANEOUS DOCUMENTS. 

Sl^l)iri>. That the said premises are free from incum- 
brances, except as aforesaid. 

iTonttl). That the party of the first part will execute or 
procure any further necessary assurance of the title to said 
premises. 

iFiftl). That the said party of the first part will forever 
warrant the title to said premises. 

3fn roitneBB tnljctjeof, the said party of the first part has here- 
unto set her hand and seal the day and year first above written. 

Breinchen Wallach (seal). 



evil. 

DEED BY SAMUEL ARONSON AND WIFE OF THE 
PREMISES NO. 224 EAST 79TH STREET. 



Dated 22 April, 1901. 

Recorded in New York Register's Office, 23 April, 1901. 
Liber 76 of Conveyances, page 115, Section 5, Block 1433. 

QL\)is Unhentave, made the 22nd day of April, in the year one 
thousand nine hundred and one, between Samuel Aronson and 
Rachel Aronson his wife, of the City, County and State of New 
York, parties of the first part, and The New York Public 
Library, Astor, Lenox and Tilden Foundations, a corpora- 
tion organized and existing under the laws of the State of New 
York, party of the second part : 

(Ditnessett), that the said parties of the first part, in considera- 
tion of the sum of One ($1.00) Dollar, lawful money of the 
United States, and other valuable considerations, paid by the 
party of the second part, does hereby grant and release unto the 
said party of the second part, its successors and assigns forever, 
!Ml that lot of land with the dwelling house thereon situate, in 
the 19th Ward of New York City, Manhattan Borough, and^ 
bounded and described as follows: 



}inning at a point on the southerly side of 79th Street dis- 
tant two hundred and eighty-five feet easterly from the south- 
easterly corner of Third Avenue and 79th Street; running thence 
easterly along the southerly side of 79th Street twenty feet; 
thence southerly parallel with Third Avenue and partly through 
the wall of the house standing next adjoining on the east one 
hundred and two feet and five inches to the centre line of the 

361 



362 MISCELLANEOUS DOCUMENTS. 

block ; thence westerly along such centre line and parallel with 
79th Street twenty feet; and thence northerly parallel with Third 
Avenue and partly through a party wall one hundred and two 
feet and five inches to the place of beginning. With right to 
the use of the said wall of said house adjoining on the east as a 
party wall, pursuant to the party-wall agreement between 
Orlando S. Williams, Jr., and James W. Britt and Marshall 
Long dated October 29th, 1868, recorded same day in the 
office of the Register of the City and County of New York in 
liber 1054 of Conveyances, Page 492. 

®ogetl)er with the appurtenances and all the estate and rights 
of the parties of the first part in and to said premises. 

So l)aDe anb to Ijolb the above granted premises unto the said 
party of the second part, its successors and assigns forever, sub- 
ject to rights of tenants expiring May ist, 1901. 

3lnl> the said Samuel Aronson does covenant with the said 
party of the second part as follows : 

iFirot. That the said Samuel Aronson, the party of the 
first part, is seized of the said premises in fee simple and 
has good right to convey the same. 

0«conb. That the party of the second part shall quietly 
enjoy the said premises. 

9n)irlb. That the said premises are free from incum- 
brances except as aforesaid. 

iTotirtl). That the parties of the first part will execute or 
procure any further necessary assurance of the title to said 
premises. 

i^iftl). That the said Samuel Aronson will forever warrant 
the title to said premises. 

3n toitness n)l)er£of, the said parties of the first part have here- 
unto set their hands and seals the day and year first above 
written. 

Samuel Aronson (seal) 
Rachel Aronson 

-j- her mark (seal) 



CVIII. 



ACT INCREASING THE NUMBER OF THE TRUSTEES 

OF THE NEW YORK PUBLIC LIBRARY, ASTOR, 

LENOX AND TILDEN FOUNDATIONS. 



Passed 7 February, 1902. 
Laws of 1902, Chapter 21. 

An Act in Relation to the Composition of the Board 
of Trustees of the New York Public Library, 
Astor, Lenox and Tilden Foundations. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows : 

Section 1. The number of the Trustees of The New York 
Public Library, Astor Lenox and Tilden Foundations, is hereby 
increased from twenty-one to twenty-five. Eleven Trustees 
shall continue to constitute a quorum for the dispatch of any 
business. 

Qettioxi 2. The Mayor of the City of New York ex-officio, the 
Comptroller of the City of New York ex-officio, and the President 
of the Board of Aldermen of the City of New York ex-officio, 
shall at all times hereafter, by virtue of their respective offices, 
be members of the said Board of Trustees. 

Section 3. The other twenty-two members of the Board of 
Trustees of the said Corporation shall be elected in such manner 
and for such terms of office as the By-Laws of the said Corpora- 
tion may from time to time provide. 

Section 4. This act shall take effect immediately. 

363 



CIX. 

AGREEMENT RELATIVE TO THE ERECTION OF 

A LIBRARY BUILDING ON THE PREMISES 

NOS. 103 AND 105 WEST 135TH STREET.* 



Dated 20 November 1903. 

9[l)is !^gU£ment made and concluded this 20th day of Novem- 
ber, in the year One Thousand Nine Hundred and Three, be- 
tween The New York Public Library, Astor, Lenox and 
TiLDEN Foundations, a corporation duly organized in the State 
of New York, party of the first part; and William G. Nichols, 
as executor, and Juliana A. Ferguson and Jane P. Livingston 
Armour, as executrices of the last Will and Testament of Her- 
man O. Armour, deceased ; and Juliana A. Ferguson and Mary 
A. Nichols, as residuary devisees under said last Will and Tes- 
tament of Herman O. Armour, deceased, of the City of New 
York and the State of New York, parties of the second part, 
iDitncseetl) : 

tot)£reos an agreement was entered into between The New 
York Public Library, Astor, Lenox and Tilden Foundations, 
and the City of New York, on the 17th day of July, 1901, by 
which the City of New York agreed to acquire title by gift, 
purchase or by condemnation to sites in the Borough of Man- 
hattan, The Bronx and Richmond for the purpose of the erec- 
tion thereon of free branch libraries, and The New York Public 
Library, Astor, Lenox and Tilden Foundations, acting as agent 
for Mr. Andrew Carnegie, agreed therein to erect library build- 

* These premises were acquired by the City of New York on 16 February, 
1904, and one of the library buildings provided by the gift of Andrew Carnegie is 
being erected thereon. 

364 



AGREEMENT RELATIVE TO NOS. I03-S WEST isjtb STREET. 365 

ings on such lands with the funds to be contributed by Andrew 
Carnegie as therein provided, and by such agreement the said 
The City of New York did thereby grant, demise and let unto 
The New York Public Library, Astor, Lenox and Tilden 
Foundations, and its successors, on the erection of such build- 
ings in each case, the land or real estate so acquired for sites 
with all improvements upon the same or any of the same, 
together with the appurtenances, to have and to hold the same 
in each case unto the said The New York Public Library, Astor, 
Lenox and Tilden Foundations, and its successors, so long as 
they shall continue to maintain upon the same respectively free 
branch public libraries and reading rooms and so long as they 
shall keep, perform and observe the covenants and conditions 
contained in said agreement; and 

tOljereae The City of New York has entered into an agree- 
ment with the parties of the second part dated September first, 
1903, by which the City of New York agreed to purchase the 
property of the estate of Herman O. Armour, deceased, in which 
estate the parties of the second part hereto are interested as 
executors or devisees, as follows, to wit: 

!31U those certain lots, pieces or parcels of land situate in 
the Borough of Manhattan, City, County and State of New 
York, more fully described as follows: Beginning at a point 
on the North side of 135th Street distant 100' West from 
the Westerly side of Lenox Avenue, running thence North- 
erly and parallel with Lenox Avenue 99-1 1" to the center 
line of the block, thence Westerly and parallel with 135th 
Street 50', thence Southerly and parallel with Lenox Avenue 
99'-ii"to the Northerly side of 135th Street, and thence 
Easterly along the Northerly side of 135th Street 50' to the 
point or place of beginning. 

^nb totjercaa the parties of the second part have agreed to 
sell to The City of New York the property described as afore- 
said on condition that they shall receive from the Trustees of 
The New York Public Library, Astor, Lenox and Tilden Foun- 
dations, a formal assurance and agreement that the building 
contemplated to be erected thereon and all subsequent buildings 



366 MISCELLANEOUS DOCUMENTS. 

which may hereafter be erected on said plot shall not be built 
on more than 40', front and rear, of said property, and that the 
remaining portion of the land, 10' front and rear, on the West 
side of the plot shall be left forever vacant, to be used for light 
and air by the buildings contemplated to be erected on either 
side of it; but that in case said assurance be not given before 
the delivery of the deed of the within mentioned property then 
the contract shall become null and void and cease to exist. 

NotD i^iXiiaxt it is agreed between the parties hereto as fol- 
lows: 

iTirst: The New York Public Library, Astor, Lenox and 
Tilden Foundations, the party of the first part, agrees to erect 
the library building now contemplated to be erected out of the 
funds provided by Mr. Andrew Carnegie on that portion of the 
above described plot of land more particularly described as fol- 
lows, to wit: 

beginning at a point on the Northerly side of i3Sth 
Street distant 100' West from the Westerly side of Lenox 
Avenue, running thence northerly and parallel with Lenox 
Avenue, 99-1 1' to the center line of the block, thence 
Westerly and parallel with 135th Street 40', thence Southerly 
and parallel with Lenox Avenue 99'-! 1' to the Northerly 
side of 135th Street, and thence Easterly along the Northerly 
side of i3Sth Street 40' to the point or place of beginning. 

0econb : The New York Public Library, Astor, Lenox and 
Tilden Foundations, agrees for itself and its successors and 
assigns that the remaining portion of the plot shall never be 
built upon but shall forever remain free and clear. 

©Ijirb : It is agreed between the parties hereto for themselves 
their heirs, executors, successors and assigns, that the remain- 
ing portion of the plot, 10' in width throughout the depth of the 
plot, shall forever be used by the Library building and also by 
any building which may hereafter be erected on the plot ad- 
jacent thereto on the West for light and air, and it is understood 
and agreed that nothing in this agreement shall prevent either 
of the parties, their heirs, executors, successors or assigns, from 
extending cornices or windows or purely ornamental work over 



AGREEMENT RELA TIVE TO NOS. 103-s WEST zjsTH STREET. 307 

the strip of land referred to ; and nothing in this agreement 
shall prevent the party of the first part hereto from having and 
maintaining an entrance to the library building upon the strip 
of ground referred to, and an approach to the building over 
such ground, or in making such other use of this land as is not 
inconsistent with this agreement and with the grant above re- 
ferred to. 

iXJitness our hands and seals to this instrument which is 
executed in duplicate. 

The New York Public Library, 
AsTOR, Lenox and Tilden Foundations, 

John S. Kennedy, 

Chairman Executive Committee. 

Wm. G. Nichols, (seal. 

as executor, etc. 
Juliana A. Ferguson, (seal. 

as executrix, etc. 
Jane P. Livingston Armour, (seal. 

as executrix, etc. 
Juliana A. Ferguson, (seal. 

Mary A. Nichols, (seal. 



ex. 

DEED OF GIFT BY JAMES DOUGLAS OF PREMISES 

IN KINGSBRIDGE TO THE NEW YORK 

PUBLIC LIBRARY.* 



Dated 2 June, 1904. 

Recorded in New York Register's Office, 22 July, 1904. 
Liber 7 of Conveyances, page 30, Section 13, Block 3403. 

9i;i)iB Jfn&enturc, made the second day of June in the year 
nineteen hundred and four b^tmeeit James Douglas of Spuyten 
Duyvil in the City of New York, and Naomi Douglas, his 
wife, parties of the first part; and The New York Public 
Library, Astor, Lenox and Tilden Foundations, party of 
the second part. 

toitnessetl), that the said parties of the first part, in consid- 
eration of the sum of One Dollar ($1) and other good and 
valuable considerations, lawful money of the United States, paid 
by the party of the second part, does hereby grant and release 
unto the said party of the second part, its successors, heirs and 
assigns forever, 

21U that certain lot, piece or parcel of land, situate, lying 
and being in the Borough of the Bronx, of the City of New 
York, in the County and State of New York, bounded and 
described as follows: — 

©^ginning at a point on the westerly side of Kingsbridge 
Avenue (formerly Church Street) as said Street or Avenue is 

* These premises were accepted by the City of New York as a site for one of the 
library buildings provided by the gift of Andrew Carnegie, by resolution of the 
Board of Estimate and Apportionment on 8 May, 1903. A library building is 
being erected upon the premises. 

368 



DEED OF GIFT BY JAMES DOUGLAS. 369 

laid down on a certain map entitled "Map of a farm situate at 
Kingsbridge, in the Town of Yonkers, County of Westchester, 
belonging to Mary C. P. McComb, showing the same as sub- 
divided into parcels," dated February 4, 1847, made by Daniel 
Ewen, City Surveyor, and filed in the office of the Clerk (now 
Register) of Westchester County on December 28, 1847, where 
said westerly side of said Avenue intersects the division line 
between lots numbered 87 and 88 on said map; running thence 
westerly and nearly at right angles to said Kingsbridge Avenue, 
and along the northerly side of said lot number 88, now or late 
the property of St. John's Roman Catholic Church, 150 feet; 
thence northerly, parallel with said Kingsbridge Avenue and 
along the land belonging to "The Church of the Mediator, 
Yonkers," 44 feet; thence easterly at right angles to said Kings- 
bridge Avenue, and along land of said last mentioned Church, 
150 feet to said westerly side of Kingsbridge Avenue; and thence 
southerly along the said westerly side of Kingsbridge Avenue 
44 feet to the point or place of beginning. The premises 
above described being the southeasterly portion of the lot 
numbered 87 on the aforementioned map, and being also a por- 
tion of the same premises which were conveyed by James R. 
Whiting and Catherine Whiting, his wife, to "The Church of 
THE Mediator, Yonkers," by deed dated June 12th, 1858, and 
recorded in the office of the Register of Westchester County on 
June 28th, 1858, in Liber 387 of Deeds, page 298. g[ogetl)er 
with all the right, title and interest of the parties of the first 
part in and to Kingsbridge Avenue to the center thereof. 

The party of the second part, its successors and assigns, shall 
not use the said premises for manufacturing purposes, nor shall 
any business or trade be conducted thereon, nor shall any 
tenement house be erected thereon, nor shall any nuisance be 
maintained upon the said land hereby conveyed, so long as the 
premises adjoining the said land hereby conveyed upon the 
northerly side thereof shall be used by the said Church of the 
Mediator, Yonkers, for religious purposes. 

The foregoing provision shall be deemed to be a covenant 
running with the land conveyed and binding upon the succes- 
sors and assigns of the party of the second part. 



370 MISCELLANEOUS DOCUMENTS. 

Sttbject, however, to the right of The Church of the Mediator, 
Yonkers, its successors and assigns, for so long a period as the 
building now situated on the land of the said Church imme- 
diately adjourning the land herein conveyed on the Northerly 
side, and now used as a place of public worship, shall exist, to 
keep and maintain upon the land hereby conveyed any and all 
buttresses and supports connected with or a part of the said 
building which are now in existence, or any parts of said build- 
ing now upon the said land, unimpaired, in like manner and to 
the same extent as they now exist, without interference by the 
party of the second part, its successors and assigns. 

3lnl> 0jjbjctt to the right of said Church, its successors and 
assigns, to enter upon the land hereby conveyed for the purpose 
of repairing such buttresses, supports and other portions of said 
building now upon the land conveyed. 

^n5 it is Ijercbs cocenanteiJ anb agrccb that the party of the 
second part, its successors and assigns, shall not erect any build- 
ing or structure or place any obstruction which shall in any way 
interfere with the light and air of the said Church structure, as 
it now exists, within four feet of the said Church structure, so 
long as the same shall exist in its present location. 

STogetljfr with the appurtenances and all the estate and rights 
of the parties of the first part in and to the said premises. 

SCo %wot anb ®0 ^olb the above granted premises unto the 
the said party of the second part, its successors and assigns 
forever, subiect as aforesaid. 



me saia party or tne secom 
forever, subject as aforesaid. 



2lnb the said James Douglas, one of the parties of the first 
part, does covenant with the said party of the second part as 
follows : 

Sxxii. That James Douglas, one of the parties of the first 
part, is seized of the said premises in fee simple and has 
good right to convey the same. 

0£conb. That the party of the second part shall quietly 
enjoy the said premises. 



DEED OF GIFT BY JAMES DOUGLAS. 371 

Sri)iri>. That the said premises are free from incumbrances, 
except as aforesaid. 

iTourtl). That James Douglas, one of the parties of the 
first part, will execute or procure any further necessary 
assurances of the title to said premises. 

iFiftl), That James Douglas, one of the parties of the first 
part, will forever warrant the title to said premises, subject 
to the conditions and restrictions aforesaid. 

JIn tJoitneSB roljereof, the said parties of the first part have 
hereunto set their hands and seals, the day and year first above 
written. 

James Douglas. (seal.) 
Naomi Douglas. (seal.) 



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