Item, it is my desire that the same remain entire, and pass from time to time to one of my surname and family ; whereupon I do hercbj' give r.Tid 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, and a lot of ground near n\y mill-pond, ic, ■which belonged to my late brother, Frederick van Cortlandt, to hold the same iu trust for the following uses : viz., 1st, To hold tlie same for my son-in-law, Henrj- White, late the husband of my deceased daughter, Anna While, for and during the time of his natural life. 2nd, For and after the ik-cease of my son in-law Ilenr}' While, and in case Augustus, the son of the said Henry White and my Baid deceased daughter shall survive the .said Henry White, then to hold the same for the u.se of the said Augustus, and his heirs and assignees, on condition that from and after my decea.se, he do take and constantly and exclusively use the name of Van Cortlandt, &c., &c."*'

Augustus van Cortlandt, the above devisee, subsequently took possession of the estate under the will of his grandfather, the above testator. The Revised Statues of 1S25, having abolished the entail, Augustus became possessed of the estate in fee simple. Upon the iSth of F'eb., 1827, Augustus van Cortlandt bequeathed the Yonkers to his brother