USA > Maine > Oxford County > Norway > Centennial history of Norway, Oxford County, Maine, 1786-1886, including an account of the early grants and purchases, sketches of the grantees, early settlers, and prominent residents, etc., with genealogical registers, and an appendix > Part 3
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No. ['° West. ilGO' lods.
RUST'S
PURCHASE
Sand Pond
6000
pannesseenas'
No. 14º West. 900 Hods.
6320 ACRES.
So, 25° East , 1174 Blods-
2880 ACRES.
Nortlu
480 Rode
CHAPTER III.
DOCUMENTS RELATING TO THE GRANT AND PURCHASES, WITH SKETCHES OF THE GRANTEES.
RESOLVE granting 6050 acres of Land in the eastern part of this State to the Hon. Arthur Lee Esq for Services as agent in the year 177 5.
Whereas it appears to this Court that no Compensation has been made to the Hon. Arthur Lee Esq for his Services and expences as agent for the House of Representatives of this State in Great Britain in the year 1775 after the Agency devolved upon him by the return of Doctor Franklin to America
Resolved that there be and hereby is granted to the Hon. Aethur Lee Esquire Six Thou- sand Acres of the Unappropriated land in this State lying eastward of Saco River to be laid out either in one or two pieces, adjoining to Some former Grant or Grants, in full com- pensation for Services and expences aforsaid, and that the Hon. Benjamin Chadbourn and Moses Little be a Committee to lay out the Same at the expence of this State in a manner the most Convenient to him that the Situation of of the unappropriated Land will admit of, and to return a plan of the Same by a Surveyor and Chainman under Oath, at the next meet- ing of the General Court, or as soon as may be, for confirmation.
Passed September 21, 1780.
CONFIRMATION OF LEE'S GRANT.
Resolve Confirming a Grant of Land to Arthur Lee Esq of Six Thousand Acres lying to the eastward of Saco River laid out to him by order of the General Court for services as Agent in Great Britain in 1775.
Passed Nov. 8, 1785.
Whereas the General Court on the Twenty first of Sept. in the year of our Lord one Thousand Seven hundred and eighty did make a Grant to the Hon. Arthur Lee Esq of six Thousand acres of the Unappropriated Lands in this State lying Easterly of Saco River, and in Consequence of an order of the General Court the Same has been surveyed, and a Plan thereof taken and returned to the Court aforesaid, Bounded and described as followeth, Beginning at a Certain "Berch " Tree thence running North fourteen Degrees West one thousand one hundred and sixty Rods to a Spruce Tree, a corner, trees being well marked about it, thence running South Seventy six Dgs West Eleven hundred and four Rods to a Cedar Tree, a corner, standing on the easterly side of a Township known by the name of Waterford, trees being well marked about Said Corner, thence running South Twenty five Degs east eleven hundred and seventy five Rods to a large Pine tree, a Corner, thence North Seventy Six Degs East Eighty four Rods to a Pond, then Continuing across the Said Pond one hundred and sixty Rods, then Continuing the Same Course five hundred & Thirty six Rods to the Tree first mentioned .- Therefore, resolved that the Plan aforsaid be accepted and the lands therein delineated and described, be, and they are hereby confirmed to the above said Arthur Lee Esq, and to his heirs forever.
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HISTORY OF NORWAY.
SKETCH OF HON. ARTHUR LEE.
The Honorable Arthur Lee, the former proprietor of Lee's Grant, belonged to the celebrated Virginia family of this name. He was the youngest of the five illustrious sons of Thomas Lee, once president of the Virginia Council, grandson of Richard, Jr., and great-grandson of Richard Lee, who belonged to an old cavalier family in England, and who emigrated to Virginia during the reign of Charles the First. He was a staunch loyalist, a devoted adherent of the Stuart family, and, in conjunction with the royal governor of Virginia, placed the colony in an attitude of resistance to Cromwell. When a fleet was sent for its reduc- tion, so stout and determined was the resistance, that the commander of the fleet was obliged to ratify a treaty with what was styled the "inde- pendent dominion." Among the more distinguished of the five sons of Thomas Lee, who was the grandson of the cavalier, were Richard Henry, a distinguished patriot of the revolution, whose life and corre- spondence were published in two volumes in 1829; Francis Lightfoot Lee, the signer of the Declaration of Independence; and Arthur, who is the subject of this sketch.
Arthur Lee was born in 1740, was educated at Eton College and at Edinburgh, graduated in medicine, and became a physician in Williams- burgh, Virginia. In 1766 he went to London, and four years later was admitted to the bar as an attorney. He was a brilliant advocate, and soon had a lucrative practice. He was a zealous advocate of the American cause, and his letters and pamphlets, under the signature of "Junius" and "Monitor," attracted wide attention. In 1770, he was proposed as agent of Massachusetts to bring the grievance of the colony before the King of England, but Franklin was appointed, and Lee was selected as his substitute. In 1774, on the departure of Franklin from London, Lee became sole agent of Massachusetts. At this time the King wished to have him arrested for treason, * but his original letters, which were necessary to sustain the charge, were not found, although copies of them were. In 1775, the Provincial Congress appointed a committee of secret correspondence with the friends of the colonies in Europe, and Lee was selected as the London agent for that purpose. In 1776, he went to Paris to establish friendly negotiations with that
* Bancroft's History of the United States.
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HISTORY OF NORWAY.
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government, from which he obtained assurance of pecuniary assistance. In September of the same year, Congress proceeded to establish diplo- matic intercourse with foreign nations. Arthur Lee, with Silas Deane, and subsequently Dr. Franklin, were appointed commissioners to France. He continued in active employment at Madrid, Berlin, and elsewhere, until 1780, when he resigned and returned to Virginia. Of his ability there can be no doubt, but of his character, Bancroft thus speaks: "In the selection of the three members of the commission (to France), when Jefferson declared himself constrained to decline the appointment, which to him was so full of promise, it was given to Arthur Lee. Thus the United States were to be represented in France, to its people, and to the elder House of Bourbon, by a treacherous merchant (Silas Deane), by a barrister, who, otherwise a patriot, was consumed by malignant envy, and by Franklin, the greatest diplomatist of his century." * Speaking of his desire to supplant Franklin, the same distinguished authority says, " Arthur Lee intrigued to supplant him with the perse- vering malignity of consuming envy."} In 1781, Lee was elected to the general assembly of Virginia, and that body appointed him a dele- gate to Congress, where he served from February, 1782, till 1785. While in Congress, in 1784, he was appointed one of the commission- ers to conclude a treaty with the Indians on the northwestern frontier. In 1786, he was chosen by the general assembly of Virginia, one of the commissioners to revise the laws of the commonwealth. He died December 12th, 1792. He was a distinguished scholar, and enjoyed the personal friendship of many of the most eminent men of his time. He was engaged as secret agent of Massachusetts, of the Provincial Congress, and of his own State, during most of the great struggle for independence, and there is no doubt that he conducted the business greatly to the advantage of the colonists. The only thing against him was his intrigues to supplant Dr. Franklin as head of the French com- mission, and in view of his eminent services and great personal sacri- fices in behalf of his struggling country, this one lapse should not be forever remembered against him. Envy is a mischievous weakness, but by no means an uncommon one among those placed in power. The "Life and Correspondence" of Arthur Lee were published by his grand-
* History of the United States, Vol. IX., p. 133.
t Vol. IX., p. 493.
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HISTORY OF NORWAY.
nephew, R. H. Lee, in 1829, in three volumes. For his services as agent of the Colony of the Massachusetts Bay, at the breaking out of the Revolutionary War, he received a grant of land in the District of Maine, known as "Lee's Grant," and subsequently incorporated as a part of Norway.
PETITION OF FRANCIS LIGHTFOOT LEE.
To the Honorable the Senate and House of Representatives of Massachusetts,
the petition of Francis Lightfoot Lee, a citizen of Virginia, most respectfully represents ; That sometime in the year 1775 after the return of the venerable Dr. Franklin to America, the agency of this commonwealth in Great Britain devolved totally on the Honorable Arthur Lee; that in consideration of his services in that character, it pleased this honorable Legis- lature to resolve on the 21st day of Sept. 1780, " that there be granted unto the said Arthur Lee Esquire six thousand acres of unappropriated land in this commonwealth" ; and the commissioners appointed by that resolve to locate and survey the said land having duly executed their duty in that behalf, it further pleased this honorable Legislature, on the 22nd of June, 1785, to confirm the said grant unto the said Arthur Lee and his heirs - all which may be seen at large on the Journals of this honorable court, to which their petitioner prays leave to refer.
That the said Arthur Lee was a native citizen of Virginia, and after his return from the service of Congress in Europe, resided in the said State, save when elsewhere employed in the public service, until the period of his death.
That on the 27th of July 1792, the said Arthur Lee made and published his last will & testament, which was all written with his own hand but without the attestation of any sub- scribing witness conformably with the statute of Virginia which authorizes the devise of real property by any will in the handwriting of the testator.
That in the same year this instrument was proved and recorded in the Court of Middlesex in Virginia, as the last will & testament of the said Arthur Lee; and an authenticated copy of the same with the probate thereof, together with a copy of the said statute is herewith exhibited to this honorable Court.
That in the said will, the estate aforesaid is devised to your petitioner in fee simple; who has been, ever since the decease of the said Arthur Lee, esteemed by all his kindred the true & sole proprietor thereof ; and under that impression your petitioner has devoted his care and attention to the preservation & improvements of the said estate ; has also employed agents for these purposes, and has paid such taxes as have been imposed thereon; that he has bound himself in a large penalty to convey a part of the said land to a person who had previously settled on the same, and has since paid the stipulated price; and that he has, moreover, con- tracted to convey the remainder to a citizen of this commonwealth, but neither of these ingagements have been yet performed, a doubt having arisen touching the sufficiency of the said will, executed as aforesaid, to pass the estate in this Commonwealth as intended by the testator.
That by the same will both real and personal estate of value is given unto divers persons, heirs at law of the testator who have all rec'd and enjoyed the devises and bequests for them respectively intended.
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HISTORY OF NORWAY.
That the heirs at law of the said Arthur Lee are very numerous and in general, affluent ; and the estate aforesaid, if distributed among them, would be of little or no value to its several inheritors :
That the father of your Petitioner, the late Richard Henry Lee Esquire, confiding in the validity of the said will of his brother, and relying on its provisions in favor of your petitioner, devised all his estate both real and personal unto his other children, leaving nothing to your petitioner but memorials of little value :
To the end therefore that the intent of the said Arthur Lee may be fully and justly executed, that your petitioner may be enabled to perform his engagements, and may be pro- tected from the manifold injuries, which an interruption of the arrangements contemplated by the said will of his father and uncle would produce, and may receive all the relief in the premises to which the equitable circumstances of the case entitle him, may it please this Honorable Legislature to enact a special statute permitting the will of the said Arthur Lee, executed accordingly to the laws of the estate in which he was domicilated, to pass the estate in this Commonwealth, as intended by the testator; and their petitioner, as in duty bound will ever pray.
(Signed),
FRANCIS LIGHTFOOT LEE.
May 20th, 1808.
The General Court refused to grant the request.
BOND.
FRANCIS L. LEE AND JACOB TUBBS.
This Indenture, made this seventh day of May in the year of our Lord one thousand eight hundred and ten between Francis Lightfoot Lee of the County of Augusta in the Common- wealth of Virginia of the one part, and Jacob Tubbs of the town of Norway in the County of Oxford in that part of the Commonwealth of Massachusetts called the Province of Maine of the other part.
Whereas the General Court of the said Commonwealth of Massachusetts did grant unto Arthur Lee, Esquire a tract of six thousand acres of land situate and being in the said town of Norway, which tract the said Arthur Lee did, by his last will and testament duly proved and recorded in Virginia, where the said Arthur lived and died, devised unto the said Francis L. Lee; and whereas the said Jacob Tubbs did, after the said grant unto said Arthur Lee, enter upon a part of the said tract of land and thereof, did hold possession some time after the devise to the said Francis L. Lee : and whereas the said Jacob Tubbs being dis- posed to purchase the right and title of the said Francis L. Lee of in and to that part of the said tract (about two hundred acres ) of which he the said Tubbs was then in possession as aforesaid, did contract for the purchase thereof, and gave unto the said Francis L. Lee the promissory notes of him the said Tubbs for the payment of twelve hundred dollars in one, two and three years ;
And whereas the said Francis L. Lee did make and deliver his bond unto the said Jacob Tubbs to make a deed unto the said Jacob Tubbs his heirs and assigns forever of two hun- dred acres of the said tract including as much as possible of the lot then in possession of said Tubbs, upon payment of the said notes when the same should become due, and whereas the said notes have been paid, and two hundred acres of the said tract have been surveyed
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HISTORY OF NORWAY.
and laid off for the said Tubbs including as much as possible of the lot of which he was in pos- session as aforesaid; and whereas the said Francis L. Lee is now disposed to comply with the conditions of his bond aforesaid in order to receive the surrender of the same.
Now, therefore this Indenture witnesseth, that for and consideration of the premises above recited, and more especially in consideration of one dollar unto the said Francis L. Lee in hand paid at or before the ensealing and delivery of these presents, he the said Francis L. Lee hath bargained sold and released, and by these presents doth bargain sell and release unto the said Jacob Tubbs his heirs and assigns forever, all that tract and parcel of land situ- ate and being in said town of Norway in the County and Commonwealth aforesaid, and bounded and described as followeth, to wit.
Beginning at a Stake and Stones at the south-west corner of a lot of land in the possession of Daniel Knight in that part of the said town of Norway called "Lee's Grant " and at the end of the road laid out by the Selectmen of the said town leading from Rust's Mills through part of said Grant, which road was approved and accepted by the Inhabitants of said town at a legal meeting holden on the 25th day of October 1797 -from thence running north seventy-six degrees east one hundred and thirty-seven rods to a stake and stones; thence south fourteen degrees east two hundred and thirty-four rods to a stake and stones, thence south seventy-six degrees west one hundred and thirty-seven rods to a stake and stones - thence north fourteen degrees west two hundred and thirty-four rods to the beginning accord- ing to a survey made by Aaron Wilkins in the month of December 1804 - calculated to con- tain,- and intended to contain, two hundred acres and no more. And the premises hereby granted or intended to be granted unto the said Jacob Tubbs, the said Francis Lightfoot Lee doth warrant and defend unto the said Jacob Tubbs his heirs and assigns against the lawful claim and demand of all and every person whatever.
And it is hereby declared to be the true intent and meaning of these presents that this Indenture shall be taken as a fulfilment of the condition of the said bond of the said Francis L. Lee, and the said bond is by the said Jacob Tubbs hereby released and cancelled - and it is further declared to be the true intent and meaning of these presents that two hundred acres and no more are hereby conveyed unto the said Tubbs in conformity with the bond and contract above recited.
In witness whereof the parties have hereunto set their hands and seals this day and year first above written.
Signed sealed and delivered by the said Francis L. Lee before Wm. Taylor George R. Fitzgerald L. Wempass
FRANCIS LIGHTFOOT LEE - Seal. JACOB TUBBS, Seal.
COMMONWEALTH OF VIRGINIA, 1 Sct. County of Augusta .-
Be it Known that on this seventh day of May, 1810, Francis L. Lee came before me William Boys, a Justice of the Peace for the said County and acknowledged this instrument to be his act and deed, and desired that the same may be admitted to record as his act and deed in the Commonwealth of Massachusetts in such place and manner as the same ought to be there registered.
Given under my hand the day and year above written.
WILLIAM BOYS, Justice of the Peace.
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HISTORY OF NORWAY.
Be it Known that this instrument was signed sealed and delivered by Jacob Tubbs in the presence of,
SETH MORSE, JOSEPH RUST.
Oxford ss. Received July 25th 1810, and recorded from the original pr.
JOSEPH RUST, Register.
FRANCIS LIGHTFOOT LEE TO LUDWELL LEE.
This Indenture made this twenty-fifth day of February, in the year of our Lord one thou- sand eight hundred and twelve, between Francis Lightfoot Lee of the County of Fairfax in the Commonwealth of Virginia of the one part and Ludwell Lee of the County of Loudoun in the same State of the other part, witnesseth, that the said Francis L. Lee, for and in con- sideration of Five thousand dollars to him paid by the said Ludwell Lee, the receipt whereof the said Francis L. Lee doth hereby acknowledge hath sold aliened and released and by these presents doth sell alien release and quit-claim unto the said Ludwell Lee his heirs and assigns forever, a certain tract of land situate and being in the town of Norway and County of - in the Province of Maine and Commonwealth of Massachusetts, containing six thousand acres which was granted by the Legislature of the said Commonwealth unto the Honorable Arthur Lee dec'd and is Known and called by the name of "Lee's Grant" saving and excepting a certain lot containing two hundred acres, parcels of the said tract, which the said Francis L. Lee hath granted bargained and conveyed unto one Jacob Tubbs of the said town of Norway in fee simple.
DEED.
LUDWELL LEE AND ELIZA LEE TO EDWARD LITTLE.
This Indenture made this twenty eighth day of February in the year of our Lord one thou- sand eight hundred & twelve, between Ludwell Lee & Eliza Lee his wife, of the County of Loudon and State of Virginia of the one part, & Edward Little of Newbury Port State of Massachusetts of the other part witnesseth that the said Ludwell Lee, for & in considera- tion of the sum of nine thousand dollars to him paid by the said Edward Little, the receipt whereof he doth hereby acknowledge & of & from the same doth forever acquit & dis- charge the sd Edward Little, his heirs, executors & administrators, by these presents, hath granted bargained & sold, alien & convey unto the sd Edward Little & to his heirs forever,
A certain tract of land, situated & being in the town of Norway & County of - in the Province of Maine & Commonwealth of Massachusetts, containing six thousand acres which was granted by the Legislature of the said Commonwealth unto the Honbl Arthur Lee deceased, and is known & called by the name of " Lees Grant" saving & excepting a certain lot containing two hundred acres, parcel of the sd tract, which Francis Light- foot Lee sold & conveyed to one Jacob Tubbs of the said town of Norway in fee simple & saving also to the Tenants on said land their Leases for the present year.
To have & to hold the sd tract of land with all and singular its appurtances, & the rents, issues & profits thereof, together with all ways, waters water courses, & all & every other commodity or convenience thereto attached or in any belonging to the sd Edward Little his heirs & assigns, to the only proper use & behoof of him the sd Edward Little
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HISTORY OF NORWAY.
his heirs & assigns forever. And the sd Ludwell Lee for himself & his heirs, the hereby granted premises with all & singular its appurtenances, against the claim or claims of him the sd Ludwell Lee & his heirs & against the claim or claims of all persons claiming or to claim, by, from, thro or under the sd Arthur Lee his heirs or assigns or any of them, to the sd Edward Little his heirs & assigns will forever warrant & defend by these presents- And the sd Eliza Lee, wife of the sd Ludwell Lee in token of her relinquishment of dower in said tract of land, doth freely & of her own accord, sign, seal deliver & acknowledge these presents.
In witness of the above conveyance being his act & deed the sd Ludwell hath thereto set his hand & seal the day & year first above mentioned.
Signed, sealed &
LUDWELL LEE-Seal.
ELIZA LEE. Seal.
delivered in presence
of Rich'd H. L. Washington.
John A. Binnis jr.
COMMONWEALTH OF VIRGINIA.
Loudon County, Virg. I hereby certify that the above named Ludwell Lee party of the above deed acknowledged before me one of the Justices of the Court of Loudon County the execution & delivery of it as his act & deed, & the sd Eliza Lee acknowledged that she relinquished her dower in the land herein described freely & voluntarily & in token thereof signed, sealed & delivered this deed. Given under my hand this 28th day of February 1812. STEPH. COOKE.
Virginia, Loudon County Sct.
I Charles Binns Clerk of the County Court of Loudon do hereby certify that Stephen Cooke, Gentleman before whom the foregoing deed was acknowledged and whose name is affixed above is one of the Commonwealth Justices of the Peace for the said County of Lou- don duly commissioned and authorized as the law directs and that due faith and credit is and ought to be given to all his official acts as such as well in court of Justice as thereout
In testimony whereof I have hereunto set my hand and affixed the seal of said (Seal.) County the 29th day of February 1812 and in the 36th year of the Common-
C. BINNS. wealth
Oxford ss. Rec'd Sept. 5, 1812, and recorded from the original pr,
Jos. RUST, Regr.
SALES BY EDWARD LITTLE IN LEE'S GRANT.
Edward Little of Newburyport, County of Essex, & Commonwealth of Massachusetts to Isaac Cobb of Norway, by warranty deed dated Oct. 9, 1812, consideration $510.
The southerly half of lot No. 28 in " Lee's Grant" as surveyed & laid out by Joshua Smith.
Edward Little to Jared M. Buck of Norway by w'y. deed dated Oct. 13, 1812, considera- tion $300.
The northerly half of lot No. 18, in the Lee's Grant 50 acres more or less. -
Edward Little to George Wm. Cummings of Norway by w'y. deed dated Oct. 13, 1812 consideration $300.
The southerly half of lot No. 18, in Lees Grant, containing 50 acres more or less.
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HISTORY OF NORWAY.
Edward Little to Artemas Rawson Jr. & Mark B. Rawson of Paris, by w'y. deed dated Oct. 10, 1812, amt. $637.
Lot No. 10, in Lee's Grant, 106 acres more or less.
Edward Little to Jacob Tubbs Jr. of Norway by w'y. deed dated Oct. 13, 1812, amt. $300. 50 acres of land of the easterly end of lot No. 40 in " Lee's Grant."
Edward Little to Josiah Bartlett & Malachi Bartlett of Norway, dated Oct. 13, 1812, amt. $7 50.
100 acres of land of the westerly end of lot No. 26 in Lee's Grant.
Edward Little to Angier Tubbs of Norway by w'y. deed dated Oct. 26, 1812, amt. $458.
The northerly half of lot No. 28, in Lee's Grant, being 70 acres & 80 rods more or less.
Edward Little to Israel Millett of Norway, by w'y. deed dated Oct. 13, 1812, amt. $539. Lot No. 15, in Lee's Grant.
Edward Little to Joshua Crockett, Jr., of Norway by w'y. deed dated Oct. 13, 1812 amt. $502.
21 acres & 40 rods of land in Lee's Grant, out of lot No. 43.
Edward Little to Daniel Knight of Norway by w'y. deed dated Jan'y. Ist, 1813- consider- ation $412.
Being the westerly end & half of lot No. 21, in Lee's Grant, containing 55 acres exclusive of road & Pond.
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