Handwritten letter on folded paper from Garret Van Keuren to Louise Davezac Delafield, February 5, 1841; closely written text discusses surveys and payment concerning Saw Kill purchase beginning "I have received yours of the 15th / Instant (sic) relative to the contract made with Mr. Cruger and Donaldson...;" text on first three pages and upper part of fourth; "agreement" written in upper left corner of address section on fourth page; scribbled lines in upper right corner of address section; three small circles one, vertically stacked and overlapping, at center left of fourth page; faded embossed curved rectangular insignia at lower right corner.
Text reads as follows:
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Mrs. Louise Livingston /
Philadelphia /
Dear Madam /
I have received yours of the 15th / Instant relative to the contract made with Mr. Cruger & Donalds (sic) / I was at New York last week in order to carry the contract / into affect (sic) with Mr. Cruger and which was the first intima - / tion I had that Mr. Donaldson claimed that Mrs. Livingston ought / to pay 2825. At the time Mr. Donaldson and myself agreed / upon the division of the sum that each was to pay. I immedi- / ately came on to Philadelphia in or order to get your Power / of Attorney as Mr. Donaldson would not make a contract / unless Mrs. Livingston was also bound to pay after receiving / the Power which gave me the right to contract with any / person. Mr. Donaldson prefered (sic) in my making the contract / with Mr. Cruger – so that each would be bound to pay to / pay the amount agreed upon. We accordingly made seperate (sic) / contracts for the purchase. In all my negciation with / Mr. Donaldson I prefered (sic) to have the land surveyed and / each to pay in proportion to what they received at the / rate of $100 per acre. This would then have required to / have the land surveyed. Mr. Donaldson then wanted to know / if we could not make the division and not survey it and / made the offer of 350. I then asked him what each would / have to pay. He repleyed (sic) he would have to pay 3350 / and Mrs. Livingston 2650 to which I readily excepted (sic) supposing / it would be about a fair division and by referring to his / letter to you dated the 29th of January he names the sum / at 2650. If Mr. Donaldson should think that he pays more / than he ought to pay, I would still offer him (blotted out word) that / you have the land surveyed and each pay their proportion / at the rate of $100 per acre. The reason the contract was / not carryed (sic) into affect (sic) last week was that there /
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was an old mortgadge (sic) on the farm which Cruger sold / to Mr. Donaldson which was in point of fact paid but was not / cancelled. The mortgadge (sic) was given to three individuals. / Two were willing to give a certificate, the third not being / in New York and was sick at Baltimore. Mr. Donaldson / therefore refused to pay the amount for the farm, but was / willing to take the Deed for the saw (sic) Kill property and pay the money which / Mr. Cruger could not take unless he received the whole / as General Armstrong released upon condition of receiving / the whole of the purchase (illegible word). The records have all / been examined and there are no mortgages or judgements / against Mr. Cruger on the saw kill (sic) property except Gen’l / Armstrongs mortgadges which he has released. Mr. Cruger is bound to / Deed that part of the saw kill property to Mrs. Livingston / and Mr. Donaldson has made to (sic) good a Bargain / to give it up. Then he will undoubtedly hold Mr. Cruger / to fullfill (sic) his contract. I do not consider it necessary for / me to go to New York at present to see Mr. Donaldson or to / have any further examination of the title. Mr. C. C. King / has taken every precaution to examine as to Crugers / title and pronounces it good. Mr. King, Mr. Donaldson / and myself employed to make the searches – and see / that all the papers were right. He also Drew the Article / of Agreements, of which the following is a copy in order that / you may see what has been done. /
An Agreement made this 5th day of February 1841 Between John / Cruger of the City of New York of the first part & Louise Livingston / of Red Hook County of Dutchess of the second part by Garret Van / Keusen her attorney. the party of the first part agrees to sell by / a good Warrentee Deed with the usual full covenants to convey / to the party of the second part in fee simple clear of incumbrances / all that certain piece of land being part of a tract of land / purchased by the party of the first part from General Armstrong / and laid down on a map of said purchased made in / September 1836 by Nazard Champlin Lying in the Town /of Red Hook aforesaid and lying between the Middle /
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Of the saw Kill and on the southerly side thereof and Lands of / the said party of the second part Bouded (sic) southerly by part of / the old Lot line laid down on the said map and also the Island / near the mouth of the saw Kill also the southerly part of the said / saw Kill and of the channel thereof north of the said Island and / all the water rights premises and priviledges (sic) thereunto belonging / and that he will deliver the possession thereof on the first day of March / next to the party of the second part. And that on or before the first / day of June next he will take down and remove all the mills / and buildings on the said premises this day contracted by the party / of the first to be sold to Robert Donaldson of the city of N. York / And the party of the second part agrees to purchase and take / the said lands and premises and to pay therefor the sum of Two / thousand six hundred and fifty Dollars on the first day of / March next when the deed is to be delivered. /
And it is further agreed that covenants shall be inserted / in the conveyance and all subsequent conveyances that the saw / Kill and the Water power & (illegible word) shall not at any time hereafter / be used for milling or manufacturing purposes. /
In presence of J. E. Cruger / Charles C. King / Louise Livingston / by her att. G. V. Keuren.
After my return from New York Mr. Cruger came up himself / and we got a surveyor and made a survey in the middle / of the Creek & both deeds are fill’d up according to that / survey of Mr. Donaldson as I stated heretofore thinck (sic) that / Mrs. Livingston ought to pay 2825. I would say to him that you / knew nothing of the agreement except what you have heard / but that you are willing to have the land surveyed on each / side of the saw Kill and each pay in propertion (sic) for / what they get at $100 per acre. This course would be / equitable & just and I will venture an opinion it / will not vary the price as it now stands. I wrote to Mr. / Donaldson to day that I could not enter into a new contract / with him to pay 2825 unless by your consent having made / it with Mr. Cruger to pay 2650. /
I am yours Truly in haste/
G. Van Keuren
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N.B. I have seen Mr. Champlin an the surveyor and / he tells me that Mr. Donaldson got about 12 acres on / his side of the saw Kill. Mrs. Livingston about 4. I have / thus given you all the information respecting this Business / which I hope will be satisfactory and will want your / answer. It will not be necessary for you to go to New/ York in order to examine the Deed. This was done last / week. I left the check Mr. C. Mc Evers to pay Cruger as / soon as the deeds were executed and Mr. Charles C. King / said it was all right. /
Mrs. Louise Livingston/
No. 318 Chesnut Street
Philadelphia /
Agreement
Made/Created
Date made
Feb 5, 1841
Other Names and Numbers
Other Number
D 55
Condition
Notes
Remarks: Chip at lower center left on first page; fold at upper left corner of first page; vertical tear at upper left fold on first page; horizontal tear at lower fold on right side of first page; large chip at center left of third page; vertical tear at upper left fold on third page; chip at lower fold on right side of third page; lower right corner folded back.
Relationships
Related Person or Organization
Person or Organization
Louise Davezac Livingston
Notes
Recipient
General Notes
Note Type
StorageNote
Note
Home Location: Historic Hudson Valley, Union Church, Storage, Shelf 27B