The will of Augustus Van Cortlandt, dated December, 1823, contains the following clause : " Whereas, the greatest part of the lands and real estate which I occupy and hold in the town of Yonkers was derived to me by inheritance from my ancestors; and Whereas, I have purchased .some tracts of land, also lying in the town of Yonkers, which I at present possess, it is my desire that the same remain entire and pass to one of my surname and family ; Wherefore, I do hereby give and devise all my lands, and real estate, dwelling-house, mills and other buildings, unto my aflFectionat* relatives, John Jay and Peter Augustus Jay, and to their heirs forever; except a certain <iwelling-house and farm in the said town of Yonkers,

and a lot of ground near my mill pond, which belonged to my late brother, Frederick Van Cortlandt, in trust for the following uses, -- First, To bold the same for my son-in-law, Henry White, late the husband of my deceased daughter, Anna White, during the term of his natural life ; Second, After the decease of my son-in-law, Henry White, and in case Augustus, the son of said Henry White, shall survive him, then to hold the same for the use of the said Augustus, and his heirs and assigns, on condition that from and after my decease he do take and constantly and exclusively use the name of Van Cortlandt."

In accordance with this, Augustus White assumed the name of Augustus Van Cortlandt, and at the time of his death, which occurred April 1, 1839, he left the estate to his brother Henry for life, and to his brother's eldest son in fee, provided they take and constantly use the name of Van Cortlandt ; and upon the failure of male heirs, it was provided that the property should pass to his nephew, Augustus Van Cortlandt Bibby, the son of his sister Augusta.