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Note: amed, a daughter of the said testator, Thomas Leggett, deceased, died on or about June 1st, 1871, having outlived her husband, William W. Fox, and having first made and published her last will and testament bearing date the 20th day of June, 1865, and two codicils thereto, one bearing date the 21st day of November, 1868, and the other dated the 28th day of November, 1868, which contained the following provisions affecting the said property:
"AND WHEREAS, in and by my said last will and testament I have given and bequeathed all the rest, residue and remainder of my property and estate, real and personal of every nature and description whatsoever unto my grandchildren William W. Fox, George F. Tiffany, Lyman Tiffany, Francis Tiffany, Henry Tiffany, Charlotte Trowbridge, Mary Tiffany and Isabella Tiffany. NOW THEREFORE, instead of said bequest in my last will and testament, I give, devise and bequeath all the rest, residue and remainder of my property and estate, real and personal of every nature and description whatsoever after the death of my daughter, Mary L. Tiffany, who is to have the use thereof during her lifetime, unto my following grandchildren, viz: Lyman Tiffany, Henry Tiffany, Charlotte Trowbridge, Mary Tiffany and Isabella Tiffany. And I direct my executors of such of them as shall act for the time being to pay and divide all the said rest, residue and remainder of my property and estate to and among the said grandchildren in equal portions to such of them as shall be then living and shall arrive at the age of twenty-one years of age or marry, and to the descendants, if any, then living of such of them as shall have deceased, said descendants, to take by representation the share which, his or their respective parents would have taken if living, and the portion so given to my said granddaughters, respectively, I direct shall be paid to them, respectively on their receipt, and shall be held by them free from any interference or control of, and not liable for, the debts of any husband they may then or may thereafter have, and should any or either of my said grandchildren be under the age of twenty-one years at that time, I direct that his, her or their portions, or respective portions, with the accumulated interest, shall be paid to them respectively by my executors as and when they shall respectively arrive at the age of twenty-one years."
That said will and codicils were duly proved before the Surrogate of Westchester County, June 28th, 1871, and duly admitted to probate by him, and were duly recorded in the office of the said Surrogate of Westchester County on that date, in Liber 63 of Wills, page 551; that the said Charlotte L. Fox was survived by her daughter, Mary L. Tiffany, and by the following: William W. Fox, grandson, Mary P. Tiffany Tucker, granddaughter, who died intestate on September 27th, 1885, having previously been married to George F. Tucker, who still survives her and whose address is Number 288 Washington Avenue, Albany, New York, Isabella T. Perry, who died May 22, 1888 (leaving a last will and testament); Lyman Tiffany, grandson, who resides at Prager Strasse, Dresden, Germany, and whose wife is Sarah N. Tiffany, who resides at Number 1705 Connecticut Avenue Washington, District of Columbia; Henry D. Tiffany, grandson, who is married to Eleanor B. G. Tiffany, and both reside at Portchester, New York; and Charlotte F. Trowbridge, granddaughter, who resides at Number 832 President Street, Brooklyn, New York; that in and by said will and codicils of the said Charlotte L. Fox, the residuary estate, after the death of her daughter, Mary L. Tiffany, who had the use thereof during her lifetime, was devised and bequeathed to the grandchildren above named, as follows: Lyman Tiffany, Henry D. Tiffany, Charlotte F. Trowbridge, Mary P. Tiffany Tucker and Isabella T. Perry, in equal portions, to such of them as should then be living and have attained the age of twenty-one years, or be married, and to the descendants, if any then living, of such of them as shall have deceased, said descendants to take by representation the share to which his, her or their respective parents would have taken if living; that the said Mary P. Tiffany Tucker was survived by a son, Benjamin Merritt Tucker, her only child and heir at law, who is married to Eugenia M. Tucker, and both reside at Number 944 Madison Avenue, Albany, New York. That the will of the said Isabel otherwise Isabella T. Perry was duly proved June 21, 1898, in the Surrogate's Court, County of New York, and recorded in Liber 409 of Wills, at page 47, and letters testamentary thereon issued to Charles B. Perry and Henry D. Tiffany, the executors therein named, and the said will contained the following provision affecting the said property:
"Second: In case I leave me surviving, my husband, Charles B. Perry, and any child or children, or child of any deceased child, then I give and bequeath to my said husband all my wearing apparel, jewelry, books, pictures &c., acquired by me at and subsequent to my marriage and all my household furniture of every name and description, and to my said children all my family silver not acquired at or subsequent to my marriage to be divided between them share and share alike; and I give, devise and bequeath to my Executors hereinafter named and to the survivor of them, all the rest, residue and remainder of my estate, real and personal, but upon the following trust, namely: to sell and dispose of the same and invest the proceeds thereof in such manner as they shall deem most advantageous or to retain the same in its present shape and condition as they shall deem most expedient and from time to time as the same shall come to their hands to pay and deliver over to my said husband all the rents, issues, interest and income thereof, for and during the term of his natural life or until he shall marry again; provided however that as each of my children arrives a the age of twenty-five years my said Executors shall out of the principal of my said estate pay to him or her the sum of ten thousand dollars in cash which sum I give and bequeath to each child upon reaching the age of twenty-five years and in case any child shall die before reaching said age of twenty-five years leaving it surviving any child or children, then I direct my said Executors and the survivor of them to pay over the sum hereby bequeathed to its or their parent, to such child or children at the time when such parent would have been entitled to receive it. On the death of my said husband or upon his marrying again, I give, devise and bequeath all my real estate, real and personal to my children then surviving and to the children of any deceased child, to be divided between them share and share alike except that the children of any deceased child shall take per stirpes and not per capita and I direct my said Executors forthwith upon the happening of either aforesaid events to make distribution of my estate, but in case of my said children or grandchildren at the time when this devise shall take effect shall be under the age of twenty-five years then I direct my said Executors and the survivor of them to retain and keep properly invested the respective shares of such as shall be under said age and from time to time pay out the income thereof such sums as may be necessary for their maintenance and education and as each arrives at said age to pay over to him or her his or her respective share with all accumulations. And in case at the time of the death of my said husband or of his remarriage some of my children shall have received their Ten thousand dollars hereinbefore mentioned, and others shall not have received it by reason of their not having attained the age of twenty-five years then on the death of my said husband, or his remarriage and on the distribution of my estate as hereinbefore directed, I authorize and direct my executors and the survivor of them to charge each of the children so paid as a part of their distributive share of my estate it being my wish that all my children shall share equally in my estate."
That the said Isabella T. Perry was survived by her husband Charles B. Perry who thereafter died in 1896 and by said Henry D. Tiffany now sole surviving executor of and trustee under said will, and by the following, who are her only children and heirs at law: Charles Langdon Perry, who is unmarried, and resides at Number 223 Union Street, Schenectady, New York; Francis Tiffany Perry, your petitioner, who is married to Lillian H. Perry, and both reside at 93 St. Mark's Place, New Brighton, Staten Island, New York; Lyman Perry, who is married to Elizabeth H. Perry, and both reside at Havre-de-grace, Maryland; Egbert B. Perry, who is married to Florence B. Perry, and both reside at Number 315 West 97th Street, in the Borough of Manhattan, City and County of New York; Arthur Cecil Fox Perry, who is unmarried, and resides at Havre-de-grace, Maryland, and Reginald Perry, who is unmarried, and resides at 93 St. Mark's Place, New Brighton, Staten Island, New York. That all of said children have attained the age of twenty-five years except the last named who is over twenty-one years of age. That Henry D. Tiffany is now sole surviving executor of and trustee under the said will.
From:
The Application for the appointment of a Trustee to execute the Power of sale remaining unexecuted, conferred by the Last Will and Testament of Thomas Leggett, deceased, upon the executors thereof.
Petition and Order to Show Cause.
FERRISS, ROESER & STORCK,
Attorneys for Petitioner,
165 Broadway,
New York City
THE REPORTER CO., WALTON, N. Y.
N. Y. Office, Charles Watson Russell,
253 Broadway, Room 205, 'Phone 5909 Barclay
1910
At a Special Term Part II of the Supreme Court of the State of New York held in and for the County of New York at the County Court House in said County, on the 11th day of May, 1910.
Electronically transcribed, February 2003, by David John Leggett, b. 1961, 4th great grandson of Thomas Leggett, 1755-1843.
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-----Original Message-----
From: Larry Mccurdy [mailto:kalamc@ameritech.net]
Sent: Saturday, January 15, 2005 9:53 PM
To: Leggett, David
Subject: Another interesting article
Thought you might like to see this as well
Kathy & Larry
Title: Westchester County, New York: biographical
Authors: Spooner, W. W.
Publisher: New York History Co., New York 1900 pages 195-198 - William Woolley Fox, one of the most conspicuous New York merchants and citizens of his time, was born in New York City September 26, 1783, and died at his residence in West Farms (then a portion of this county) March 1, 1861. By his marriage to Charlotte, daughter of Thomas Leggett, of West Farms, and by individual purchase, he became the owner of a portion of the Leggett estate. Mrs. Fox was a direct descendant of John Richardson, one of the original patentees (1666) of West Farms; and the estate of her father which her husband, Mr. Fox, acquired, was a portion of the ancient Richardson lands. More over, a part of this Leggett and Fox estate still continues in the possession and occupancy of a descendant of John Richardson-Mr. Henry D. Tiffany, grandson of William W. and Charlotte (Leggett) Fox. Thus, for nearly two and a half centuries, the descendants of the original West harms patentee, Richardson, have continued as proprietors and residents of ancestral lands. As this is a circumstance of interest in the local annuals of a section where old associations are rapidly passing away a brief history of the Leggett estate may appropriately precede our biographical notice of William W. Fox.
The West Farms patent was confirmed on the 25th of April, 1666, to Edward Jessup and John Richardson, by Richard Nicolls, the first English governor of the Province of New York. In the letters-patent it was stated that the two grantees had previously satisfied the original Indian owners by regular purchase, these documents being still in existence. The West Farms lands, like the Eastchester patent and the borough Town of Westchester, were never erected into a hereditary manor, but were parceled out to the various heirs of the first proprietors, and gradually transmitted to numerous descendants or sold to strangers. The continued existence at the present day of a considerable landed ownership in the hands of a direct descendant of one of the patentees is on this account even more a matter of interest.
John Richardson left two sons and three daughters. One of the daughters, Elizabeth, married Gabriel Leggett, who emigrated to this country from England, about 1661. By the right of his wife he became possessed of a large portion of what was then known as the Great Planting Neck, a part of which was subsequently called Leggett's Point, and is now called Oak Point. One section of this property (lot No. 11 of the original West Farms subdivision) passed uninterruptedly to 'Charlotte Leggett, the wife of William W. Fox.
Thomas 'Leggett, of the fourth generation from Gabriel, was the father-in-law of Mr. Fox. He was a man of mark, both in West Farms and New York City. He added very largely to his individual inheritance by the purchase from Ebenezer Leggett of the whole of lot No. 9 of the original subdivision, by purchases of adjacent portions of the old Manor of Morrisania, and by other acquisitions. His estate in West Farms and Westchester ultimately comprised more than a thousand acres. He also had a city house, at No. 308 Pearl Street, and when he came up to his country place he used to make the trip by sloop to his own dock on Leggett's Creek. He was engaged in the wholesale dry goods and importing business in New York, and few New York merchants of his day were more successful or respected. He was noted for activity, energy, and fearlessness of character. Soon after the breaking out of the Revolution, his father being known as an ardent supporter of the patriot cause, the family were driven from their home by the British. Thomas was at that time a youth. He went to Saratoga, where his father had lands, and there he was taken captive by the Indian allies of Burgoyne, but escaped with a companion, swam the Hudson River, and after many hardships returned to his home. He died October 10, 1843.
Charlotte Leggett, his eldest daughter, was married to William W. Fox on the 9th of June, 1808. He built, as his country place, the residence now called Foxhurst, which is occupied by his grandson, Henry D. Tiffany, at the intersection of Westchester Avenue and the West Farms Road, the junction of these roads having been called Fox's Corners since the old hunting days of the de Lancey hounds. The Southern Boulevard afterward was cut through. The house was completed in 1840.
William W. Fox, although born in New York, was descended from Philadelphia ancestors who belonged to a collateral branch of the family of the founder of the Society of Friends. Mr. Fox inherited the principles of his forefathers, and throughout his life was a consistent member of the sect. He built for the use of the society a meeting-house in Westchester village.
At an early age he engaged in business occupations. He bought a small sailboat, with which he used to meet incoming vessels, and, making purchases from their cargoes, sold the goods in the city be-fore the ships could be unloaded. Later he established with John K. Townsend the dry goods firm of Townsend & Fox; and after the death of Mr. Townsend he went into partnership with his father-in-law, Thomas Leggett, under the firm name of Leggett, Fox & Co. From his mercantile enterprises he built up a very ample fortune.
Mr. Fox is perhaps best remembered from his connection with the early use of illuminating gas in New York City. To his brother-in-law, Samuel Leggett, belongs the credit of taking the first steps toward lighting the city with gas; but it was Mr. Fox who put the project on a practical basis and carried it to complete success. Samuel Leggett, conceiving a strong interest in the new English method of lighting, went to London and made a thorough study of the subject. Returning to New York, he undertook to put the knowledge thus obtained to substantial use, and began the manufacture of gas in a small way. As an object lesson of its advantages he introduced it in his own house, No. 3 Cherry Street, and the novel illumination was a matter of much public curiosity.
After the organization of the New York Gas Light Company, in 1829, Mr. Fox took hold of the matter. The enterprise was by no means a promising one, but by able and economical management Mr. Fox made it eventually so successful that at the time of his death in 1861 a surplus of more than a million dollars had been accumulated. He had a keen prevision of the enormous future growth of the city, and he practiced the greatest prudence in the direction of the company in order that it might be at all times able to follow the progress of population northward without calling on the capital.
Mr. Fox was one of the five original commissioners appointed by Governor Marcy, in 1833, to solve the long-debated question of establishing a water-supply system for the City of New York adequate to the needs of future generations. Previous to that time various plans had been discussed, and although the best expert - opinion favored the selection of the Croton River as the source of supply, the matter was far from settled even in its elementary phase. Mr. Fox was one of the most indefatigable members of the commission, on which he served throughout its whole period of existence, some seven years. Before consenting to sign the report of the commission, handing over the Croton Aqueduct to the city, he traversed the entire length of the aqueduct, over forty miles, making a.. careful inspection of every portion of it. His name is engraved on the High Bridge, as well as on the tablet at the entrance of the " distributing reservoir " at Fifth Avenue and Fortieth Street, now being torn down in the march of improvement, commemorating the men to whom the city is indebted for this immortal work.
He was one of the founders of the New York House of Refuge, and was for many years one of the ten governors of that institution.
Note: Sixth: Descendants of Charlotte L. Fox. That Charlotte L. Fox above n
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