Item, it is my desire tbat the same remain entire, and pass from time to time to one of my surname and family ; whereupon I do hereby give and devise all my lands and real estate, and all dwelling houses, mills and other buildings thereon in the town of Yonkers, &c., unto my affectionate relations, John Jay and Peter Augustus Jay, and to their heirs for ever, except a certain dwelling house and farm in the said town of Yonkers, &c., and a lot of ground near my mill-pond, &c., which belonged to my late brother, Frederick van Cortlandt, to hold the same in trust for the following uses: viz., 1st, to hold the same for my son-in-law, Henry White, late the husband of my deceased daughter, Anna White, for and during the time of his natural life. 2nd, for and after the decease of my son-in-law Henry

American Archives, 4th series, vol. iii. 645.

COUNTY OF WESTCHESTER. 451

White, and in case Augustus, the son of the said Henry White and my said deceased daughter shall survive the said Henry White, then to hold the same for the use of the said Augustus, and his heirs and assignees, on condition that from and after my decease, he do take and constantly and exclusively use the name of .Van Cortlandt, &c., &c.a

Augustus van Cortlandt, the above devisee, subsequently took possession of the estate under the will of his grandfather, the above testator. The Revised Statutes of 1825, having abolished the entail, Augustus became possessed of the estate in fee simple. Upon the 18th of Feb., 1827, Augustus van Cortlandt bequeathed the Yonkers to his brother Henry, for life, and to his brother's eldest son fore^^er, provided they take and constantly use the name of " Van Cortlandt ;" and upon the failure of male heirs, to Henry, the testator provided that the property should pass to his nephew, Augustus van Cortlandt Bibby, son of his sister Augusta."