5.



    East Maxwell Street and Lexington Avenue, thence in a
    southwesterly direction along the west line of Lexing-
    ton Avenue 148 feet, thence at right angles to the right
    100 feet, thence at right angles to the right 148 feet,
    thence at right angles to the right 100 feet to the
    point of beginning.

    M1y examination of the records was carried back to the will
of Luther Stephens, which was probated September 18, 1845.  By
this will Luther Stephens devised one-fourth of his estate to his
granddaughter, Mary Sanders, "with this proviso that if she should
die without issue living, then in that case her portion shall re-
vert to my heirs at law." The property in question was a portion
of the land which was afterwards allotted and conveyed to Mary
Sanders and held by her under the terms of Luther Stephens' will.

    By deed dated June 18, 1850, and recorded in deed book 27,
page 230, William G. Ford and his wife, Mary Sanders Ford, who
was the said granddaughter of Luther Stephens, conveyed this prop-
erty to John McCauley.  In Miscellaneous Book 9, page 281, is
recorded the affidavit of William G. Ford, dated August 27, 1913
wherein he states that he is the son of Mary Sanders Ford, nee
Sanders, who was a granddaughter of Luther Stephens, ant tlat.bhis
said mother died February 18, 1906, leaving issue living, who were
named in the affidavit.   As such an affidavit is not a recordable
instrument, the record of it does not prove the affidavit in the
absence of the original; but there is an indorserment on the margin
of the record stating that this affidavit was delivered to A. N.
Gordou, a former owner of the property, and I am advised by one of
the officers of the Maxwell Street Presbyterian Church also a former
owner of the property, that this affidavit is now in possession of
the officers of the church.  In addition to this, I am advised by
George C. Morgan, an attorney of this City, that he has examined
the title to varlous other pieces of property held by the said
Mary Sanders u-nder the terms of this will, and that he has obtain-
ed affidavits from her ociildren stating that the said Mary Sanders
was dead leaving issue living.   Acting on this information, I as-
sume that the facts stated in the record of the affidavit are true,
and that the deee from William G. Ford and wife to John McCauley
passel an indefeasible, fee simple title to the property.

     By deed dated February 26, 1858, and recorded in Deed Book 34
page 40, James A. Grinstead oonveyed a tract of about five acres
of land I.viludiug the lot now in question to Mary McMCauley, wife
of John ldoCauley, for life, and remainder in fee simple to William
Henry McOaul!!y, F15.zabehh C. McCauley, Mary B. McCauley, and
Le-titia P. Mr-Ceauley, children of John McO'auley, and by deed dated
March 4, 1888, and reooraed in Deed Book 80, page 53, all of the
above iiamed ohildren of John Mot auley, together with the husbands
of those who were married, with the exception of William Henry