USA > Massachusetts > Essex County > Ipswich > Town annual report of Ipswich 1940 > Part 8
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JAMES E. COLE, Chairman CHARLES A. MALLARD WALTER J. BROWN
Water and Light Commission.
SPECIAL REPORT OF
Town Beach Committee
INCLUDING
Report of Counsel
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THE BIRTHPLACE OF AMERICAN INDEPENDENCE
Chronicle Publishing Co., Printers
Ipswich, Mass.
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Report of Counsel
To the Board of Selectmen and the Committee on Ipswich Beach:
I beg to submit herewith a Report of my Investigation of of the Records, including Commoners Records, Town Records, and County Records, relative to the Town of Ipswich rights in property known as Ipswich Beach, and ways adjacent thereto. This is a general report. A detailed report will be filed with the Town Clerk.
Ipswich Beach, whether designated as Castle Neck or Ips- wich Beach, has been before the Town in many phases since the settlement of the Town in 1634.
In the Commoners Records appears the following power to divide land:
"Power To Divide Land
Att a gen'all Court, holden att Newe Towne March 4th 1634.
It is ordered, that John Winthrop, John Humfry & John Endicott Esq. or any two of them, shall have power to divide ye lands att Ipswich, within 4 myles of the Towne, to y'ticular ysons as in equity they shall thinke meete."
In the same year the Committee granted to various people
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certain lots of land and these proceedings continued for some years subsequently thereto.
Under date of December 29, 1634, appears the following:
"Att a meetinge houlden the 5 day of January 1634, ytt was ordered, that the Necke of Land next adjoyninge Mr. Robt Coles his Land extending unto the Sea shall remayn for common use unto the Towne foreyer.
That the Neck of Land whereupon the great Hill standeth, wch is known by the name of the Castle Hill, lyeinge on the other side of this River towards the Sea, shall remayne unto the common use of the Towne forever."
It evidently appeared that the Commoners intended that Castle Neck, perhaps including Castle Hill, was to remain public land. However, the Commoners, having title to this land, could continue to, and did, make grants of the same.
Under date of January 13, 1637 appears the first grant of Castle Hill, viz :-
"Granted to Mr. John Winthrope, Castle Hill and all the meadow and marsh, lying within the creeke, provided y he lives in the Towne, and that the Towne may have what they shall need for the building of a Fort."
This grant of Castle Hill is the first record of said prem- ises and through the various records down to the present time, Castle Hill, also called Castle Hill Farm, has been separately bounded and described, even when deeds purported to convey adjacent or other premises, Wigwam Hill, and any rights in the land, now known as Castle Neck, which are lands lying South- erly of Castle Hill and come from other grants made by the Commoners.
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I have not concerned myself with title of marshes, islands, and other lands apart from Castle Hill, Castle Neck and Wig- wam Hill, except in so far as in my investigation they concern the Beach and any rights of the Town of Ipswich may have therein, thereon, or thereto.
A question later arose as to whether John Winthrop, hav- ing moved from Ipswich, had any title to these premises. The Court decreed that he had title and did not lose same by having moved from Ipswich.
John Winthrop conveyed Castle Hill to Samuel Symonds in 1647, as follows:
"All that my farme called Castle Hill with the appurten- ances, containing by estimation 100 acres of land and meadows be it more or less lying in Ipswich in New England."
Another deed was also recorded from John Winthrop to Samuel Symonds reading as follows:
"All that my parcell of upland and marsh being part of my farme called Castle Hill, containing by estimation 100 acres, be it more or less as it is devided from the rest by a small creeke neare ye foot of the Greate Hill, where there is usual passage over with cattle, & thence upon a straight line to that part of ye creeke which divideth the land of my said brother & Widdow Sumpkyn towards the west; and as the creeke leadeth to the magne creeke towards the east from the place of common passage over the creeke aforesaid."
Samuel Symonds was the record owner until 1660 and conveyed same then to Daniel Epps, viz:
"All that my farm called Castle Hill, with all & singular appurtenances containing by estimation 200 acres of land & Meadow, more or less, lying in Ipswich, aforesaid.
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Also all my parcel of upland and marshes commonly called the Islands, containing by estimation 100 acres more or less as his farm or parcel is devided from Castle Hill by a small creek near the fork foot of the Great Hill, where the usual passage is, and thence upon a straight line to that part of the creek which devideth my marsh and that which lately was Widow Sump- kyn,, and now in the tenure of Thomas Wells, toward the West, the marshes belonging to the Ilands, and my marshes which the Town granted to me are devided by a creek all along, unless it be a little space at & near the passage place between my marshes & this now granted, all lying & being in Ipswich, aforesaid."
Wigwam Hill is situate South of Castle Hill, and is one of the pieces of upland on the place known as and called Castle Neck. In the Commoners Records appears a record relative to a division of Castle Neck, viz:
"At a general Town Meeting held February 16, 1664. 1. It was voted the Plumb Island, Hogg Island and Castle Neck be devyded to such as have the right of Commons according to law, according to the portion of 4-6 8 8."
Some action was taken and on the County Records appears the following :-
"We whose names are written with Cap't Whipple and Robert Lord being appointed by the Selectmen of Ipswich to lay out in devisions Plumb Island, Hog Island & Castle Neck according to their ordering so that there should be none left in common that none might put cattle there. We did according to our order lay out Plumb Island and Hog Island and left no com- mon there. On Castle Neck we laid out the marsh and Wig- wam Hill and finding the Neck unfit for division we made report of the same to our masters and if it is not entered in the Town book the fault was Clerk Lord's.
When we showed and delivercd the divisions to the Inhab-
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itants of Ipswich which fell to them in Plumb Island, those whose divisions lay next to the Pines and beach we showed and told them they were to go with a straight line acress the beach till they came to the sea keeping the breadth of their division and those that did butt upon broken marsh or thatch bank should keep their breadth to the creek and river as they run against." March 16, 1693.
(Signed) John Leighton, Thomas Lovell, 2nd.
I find no other grants up to 1727, of the land known as Castle Neck. How much land was granted the Commoners in the division of Wigwam Hill is doubtful in view of the action taken by the Commoners on April 26, 1727. In the Com- moners records under date of April 26, 1727, it appears that the Commoners conveyed to Symonds Eppes, viz :-
"The whole rights title and interest, claim and demand of them the Commoners and Proprietors in and to the wood that now is or that shall hereafter be standing, lying or growing on any part of Castle Neck so called beyond Wigwam Hill in Ipswich aforesaid with all the appurtenances and privileges and commodities to the same belonging."
On the map of Ipswich dated 1832 appears woodland "Pine Trees" near Wigwam Hill, and beyond the stretch of land between Castle Hill and Wigwam Hill. The question therefore arises was that a part of the parcel of land on which the trees had been growing and the property belonging to the Commoners in 1727 and at that time granted to Symonds Epps.
In view of the subsequent acts by persons having title in Castle Hill and Wigwam Hill other questions to be determined are: Did this grant convey any title to the Beach or title to the driftwood lying upon the Beach? Did this grant convey any wood, if there was any wood, growing on the land between Castle Hill and Wigwam Hill, or was the wood that was con-
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veyed beyond, or Southerly, of Wigwam Hill? Did this grant convey any title in fee to the land on which wood was growing? I mention these questions because of decisions appearing in Massachusetts Reports in Volumes 15 and 17 Pickering, of such Reports.
Returning now to the Chain of Title.
As before stated: In 1637 the Commoners conveyed Castle Hill to John Winthrope; in 1647 John Winthrope conveyed same to Samuel Symonds; in 1660 Samuel Symonds conveyed same to his son-in-law, Daniel Epps.
There is recorded in Essex County Probate Court, Book 303, Page 216, a division of the Estate of Daniel Epps, made by agreement and consent of the family of Daniel Epps, of the following: First, the Homestead, called Castle Hill given to Daniel Epps, and second: Castle Neck and Wigwam Hill given to Major Symonds Epps. This Record is as follows:
"Division of the Estate of Capt. Daniel Epps
Distributed by agreement and consent of all parties con- cerned
Mr. Daniel Epps-eldest son to have two shares or double portion viz :- The Homestead called Castle Hill lying in ye (bounds) (County) Towne of Ipswich containing about 230 acres be it more or less, bound Southerly by ye Cutt Creeke, Northerly with Sagamore Hill Creeke and Ipswich Towne River; Northerly by ye sea, Southeasterly by a stone wall in part and ditch and creek.
Major Symonds Epps-shall have and enjoy to him and his heirs forever, viz :- In consideration of his single share and nine years service The whole Island containing about 100 acres more or less lying in Ipswich aforesaid near Castle Hill (aboues) (?) bounded Northeasterly by ye Cutt Creeke, Southeasterly
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by ye little Chebacco River, Southwesterly by Ring's Marsh, Northwesterly by a branch of Sagamore Hill Creeke and also Castle Neck and Wigwam Hill that belonged to said estate both upland and marsh bounded Northwesterly by a stone wall ditch and creek, Northeasterly by ye sea and Southwesterly by Cheb- acco River and also all upland in Gloucester belongs to said estate."
The division of the Daniel Epps property was on February 7, 1693. It may be noted that it was done at about the date March 16, 1693, of the statement of John Leighton and Thomas Lovell, 2nd, above mentioned. Was this division of land among Captain Daniel Epps' Heirs the reason for the making and recording of the Leighton and Lovell statement.
Daniel Epps on July 15, 1701 conveyed Castle Hill to Major Symonds Epps as follows:
"All my messuage or tenement commonly called by the name of Castle Hill containing about 300 acres upland and marsh so be it more or less situate and lying in ye town or town- ship of Ipswich aforesaid as it lies butted and bounded viz: Southerly and Southwesterly with ye Cutt Creek, Northwest- erly with Sagamore Hill Creek and Ipswich River, Northeasterly by ye Sea, Easterly and Southeasterly by a stone wall in part & ditch & creeke."
Symonds Epps died in 1741, and by his will dated March 4, 1737 devised to his son Samuel Epps as follows:
"Item I give to my well beloved son, Samuel Epps, and his heirs forever, my lands known by the names of Castle Hill, the Islands & Castle Neck, both upland & marsh & my pasture land lying on the South side of Wildbrook (?) River so called, being about 40 acres & also one old common right in the Thick Woods so called."
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The Commoners in 1727 granted to Symonds Epps cer- tain wood as appears above. This grant was made between the dates of the division of the Captain Daniel Epps property among his heirs and the date of the deed of Daniel Epps, his son, to Major Symonds Epps and the date of the death of Symonds Epps in 1741. In other words the division of the Captain Daniel Epps property was in 1693; the conveyance by Daniel Epps to Major Symonds Epps was in 1701, and by virtue of this last mentioned deed, Major Symonds Epps became seized of the property which was formerly that of Symonds Epps, Esq., his father. He was the owner of the premises until the time of his death in 1741. It was during this period of time, namely, on April 26, 1727, that the Commoners conveyed the wood standing, lying or growing on any part of Castle Neck to Major Symonds Epps.
Samuel Epes (name spelled differently in this deed) con- veyed to John Patch 3rd, on December 29, 1759, the following premises :
"All that messuage and tract of land in Ipswich aforesaid known by the name of Castle Hill, the Islands and Castle Neck -being part upland and part Salt Marsh containing by estim- ate about 472 Acres together with a great number of acres covered with Sand beach-grass and pines which was formerly the cstate of Symonds Epes, Esq. late of Ipswich and which he died seized with all its priviledges and appurtenances".
I would call attention to the description of the premises and in this deed it includes the sands, etc. John Patch, 3rd, died subsequently to November 25, 1799, and January 6, 1800, as his will was dated on the first date above mentioned, and was probated on the second date above mentioned. It was in this period of time, namely: On June 9, 1788 that the following action of the Commoners was taken:
"Ipswich Commoners Records under date of June 9, 1788.
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Vote by the Major part of the interest present of the Com- moners of the common and undevised Lands in The Towne of Ipswich, that they will and they do hereby make an absolute grant of all their interest both real and personal lying within the Towne of Ipswich unto the Inhabitants of said Towne of Ipswich and do also invest them with the same powers, privil- edges and immunities that the said Commoners, were previous to this grant invested with. Provided that the said Towne will accept of said interest on the following conditions, viz :---
That they will pay and make good all lawfull demands that may be made against said commoners and that they will sell as soon as they can without predjudice to the sale, all the Lands in said Towne (Sand and clam flats excepted). And the money arising from such sale together with what is now in the Treasury and what is due to said Commoners after paying all the just demands upon said Commoners be appropriated soly to the payment of the Town's Debt; in such a way and manner as that the Polls in said town receive the whole advan- tage in equal proportions, then, vote meeting dissolved".
June 9, 1788
Accepted by vote of the Towne
Book 5 Page 182, Town Record Book 5 Page 182.
Begining in 1634 and ending in 1800 my research shows first, that the Commoners had title to all land in Ipswich at the settlement of Ipswich in 1634. As to Castle Neck, that term included Castle Hill, Wigwam Hill, Woodland, Meadow land, Marshland, Sands and Beaches bounded by Ipswich River At- lantic Ocean, Castle Neck River, (sometimes given other names) and creeks. The first act of the Commoners was a reservation of this Neck of land for the common use of all the people of Ipswich. Yet acting within their rights this body granted therefrom certain premises: First, Castle Hill, second, Wig- wam Hill; third, Hood standing and growing upon Castle
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Neck; and fourth, what had not been granted to other persons were in 1788 granted to the Town of Ipswich. I find no other conveyances of Castle Neck made within that period of time from the Commoners to any other person or persons. It is possible there may be other grants; and if so I desire to have op- portunity to make further examination of the Town and Com- moners Records as to such possible grants.
John Patch, 3rd, made a will in which he, among other devises, made devises of property to his two daughters; Wigwam Hill to his daughter, Mary Lakeman, and Castle Hill to his daughter Elizabeth Choate. He also gave to his son, Nehemiah Patch that part of his farm that was known as Pine Island. John Patch, 3rd, had acquired Islands and other land near Castle Neck in addition to that acquired on Castle Neck and at the time of the death of John Patch, 3rd, he had acquired con- siderable property. I quote from his will his devises so far as they relate to Castle Hill, Wigwam Hill, and Castle Neck apart from said hills.
He devised to his daughter, Mary Lakeman, Wigwam Hill, as follows:
"I give and devise to my daughter Mary Lakeman and to her heirs and assigns, my lower farm formerly called Wigwam Hill, bounded as follows, viz :- Beginning at the river and running by the creek which parts said farm from marsh of Nehemiah Patch to a pond, thence running Westerly by marsh of said Patch and Dane up to the line where the old fence form- erly stood and down into the sea with the privilege of the clams, also one mile in length of my beach for drift wood and timber lying between the other parts of said Beach, hereinafter given to my daughter Elizabeth Choate."
He devised to his daughter Elizabeth Choate as follows:
"I give and devise to my daughter Elizabeth Choate and to her heirs and assigns, that part of my Farm called Castle Hill
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bounded as follows, viz :- Beginning at the Causey and from thence running Easterly by a ditch and creek to the school marsh (so called) to the ditch which parts said marsh from the lower farm; thence running by said ditch till it comes to the line where the old division fence formerly stood; thence running Northerly by said old Line to steep hill and down into the sea and from said Steep Hill to Cedar Point; and up Fox Creek as the line runs to the Causey first mentioned; and one half a mile of the lower end of the beach, to be measured at high water mark, for drift wood and timber of all sorts and all the Remainder of my beach with the Priviledge of digging ten barrels of clams yearly at the Southerly end of my farm. I give and devise to my said daughter Elizabeth and to her heirs and assigns Pine Island (so called) bounded as follows, viz :- - Beginning at Spring Cove (so called) and from thence running Easterly and Northerly as the creek and ditch run around said Island to the Cove first mentioned, with the privilege of passing and repassing to said Pine Island over Land herein given to my said sone Nehemiah, and also Hoas Island (so called) with four acres of marsh an Thatch Bank down by the Pines bounded as follows, viz :- Beginning at the River and thence run- ning Northerly by the first Grindle above the Pines up to the Cart Path; thence running Easterly from saidCart Path to the River so as to make the number of acres above mentioned."
Castle Hill, and such other property as were devised by John Patch, 3rd, to Elizabeth Choate, excepting certain con- veyances made to the United States of America, for Beacon Lights, by mesne conveyances, became the property of Manassah Brown. The description generally in said deeds was as follows:
"The Farm at Castle Hill (so called) bounded as follows,
Beginning at the Causeway of the farm of the late John Patch, Esq. dec'd, from thence running Easterly by a ditch and creek to the School Marsh so called to the ditch which parts said
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marsh from the lower farm so called thence running by said ditch till it comes to the line where the old division formerly stood; thence running Northerly by said old line to steep hill and down steep hill unto the Sea and from thence to wit sd. steep hill to Cedar Point and up Fox Creek as the line runs to the causeway first mentioned and 1/2 a mile of the lower end of the beach to be measured at high water mark for dust (drift) wood and timber of all sorts and
All remainder of the Beach which was given by sd. Patch to sd. Elizabeth with a priviledge of digging ten barrels of clams yearly at the Southerly end of sd. Patch Farm. Also Pine Island (so called) bounded, beginning at Spring Cove (so called) and from thence running Easterly and Northerly as the creek and ditch runs around said Island to the Cove first men- tioned with the priviledge of passing and repassing to said Pine Island over land of Nehemiah Patch, also
Hoars Island (so called) with 4 Acres thatch bank, and marsh down by the Pines bounded as follows: Beginning at the River and from thence running Northerly by the first grindle above the Pines up to the Cart Path; thence running Easterly from sd. Cart Path to the river, so as to make the number of acres above mentioned."
The deed from John Baker, Jr., (who was one of the parties through whom premises had been conveyed to Manasseh Brown described same as follows:
"A certain farm situate in said Ipswich known as Castle Hill Farm bounded as follows:
Easterly by Baker's Island creek, by a ditch and land of Humphry Lakeman, Northerly by the sea and Ipswich River, Southerly and Westerly bounded by Fox Creek and a ditch.
Also Pine Island with a privilege to pass and repass over land of John Patch and Winthrop Boardman.
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Also Hoars Island, so called, they being the same farm and Islands which were conveyed to James Baker by Margaret Magee by her deed recorded Book 205, Leaf 202."
Manasseh Brown died in 1882, and by his will gave all his real estate to his wife, Sally M. Brown, and to his four children, John B. Brown, Marietta K. Martin, Allan W. Brown and Harry B. Brown. Sally M. Brown, Allan W. Brown, Marietta K. Martin and Harry B. Brown conveyed their title to said premises to John B. Brown. The description of the premises in these deeds was as follows:
"The Castle Hill Farm, situate at the Beach and formerly owned by our father Manasseh Brown, late of Ipswich deceased and bounded Easterly by Baker's Island Creek, by a ditch and by the land of Woodbury, Northeasterly by the Atlantic Ocean and Plum Island River, Northerly by the Ipswich River, West- erly & Southerly by Fox Creek and a ditch. Also Pine Island with a privilege to pass and repass to the same over land of Aaron Kinsman (formerly of John Patch) and land of Board- man now or formerly. Also 4 acres of Salt Marsh, being the same described in a deed from Francis Woodbury to Manassah Brown dated April 28, 1847, and recorded with Essex So. Dist. Deeds, Book 383, P. 42 to which deed or the record thereof reference is to be had for the boundaries thereof. Also all other parcels of land situate in the Argilla District in said Ipswich and owned by our father & occupied by him in connection with said farm. Also those parts of the Beach which John Patch late of said Ipswich, deceased, by his will, devised to his daughter, Elizabeth Choate and all the accretions thereto both in length and breadth, which have been made since the death of said John Patch. Sd, will is on file in the Probate Court of sd. County of Essex and proved January 6, 1800, and recorded in the Registry of Probate for said County, Book 367, Leaf 233".
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After the death of John B. Brown, said premises were conveyed by deed of Joseph Fairhall, Executor to Richard T. Crane, Jr. with description as to Castle Hill and Castle Neck, as follows:
"All of those certain pieces or parcels of land in the Argilla District in said Ipswich forming what is known as the Castle Hill Farm, Cedar Point and parts of Castle Neck bounded and. described as follows. First: A parcel of upland, pasture, meadow, marsh, beach, flats and thatch with the buildings thereon, bounded North in part by the Ipswich River, in part by the Atlantic Ocean, both to extreme low water mark, East in part by land formerly by Lakeman now or late of heirs of Caroline S. Woodbury, in part by a ditch, and in part by Baker's Island Creek, so called, as the same bends and turns, South in part by a creek, in part by a ditch, crossing the Cause- way, so called, and in part by Fox Creek, so called, Southwest, West and Southwest again by said Fox Creek to its junction with the Ipswich River at low water mark. Second all those parts of Castle Neck Beach so called which John Patch, late of sd. Ipswich deceased, by his will, proved January 6, 1800, Essex Probate Files No. 20715 devised to his daughter, Eliza- beth Choate; together with all the privileges appurtenant there- to and together with all accretions thereto both in length and breadth which have been made since the death of sd. John Patch."
As To Wigwam Hill and Premises Devised To Mary Lakeman
These premises by Inheritance and by deeds giving no particular description of the premises remained in the Lakeman descendants until conveyance of same by G. Loring Woodbury and Carrie L. LeBaron to Richard T. Crane. A general description of the premises conveyed by such deeds to Richard T. Crane is as follows:
"One undivided 1/2 part of certain parcel of land with
.
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buildings thereon situate in Ipswich and bounded and described as follows:
Northwest by land and flats of said Crane, formerly of Brown, and on all other sides by the sea, and by Castle Neck River and a creek or creeks, except where said Crane already owns the beach and flats purchased from John B. Brown's Executor and except any small parcels of marsh owned by third parties. Being all or nearly the land and flats devised by John Patch to Mary Lakeman and her heirs in 1800, or however otherwise bounded or described and be the area thereof more or less. Together with all thatch bank and flats and all reparion rights, rights of way, and other easements, if any to the same belonging. But this conveyance is made however subject to and excepting the rights of the United States of America and of the Town of Ipswich if any and of the Public if any in said premises and also subject to any possible rights of way of third parties, owners of parts of said marsh.
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