USA > New Jersey > Hudson County > History of the land titles in Hudson County, N.J., 1609-1871 > Part 18
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Robert West, one of the proprietors, by lease and release dated April 1 and 2, 1684, sold his interest in East Jersey to Thomas Cox. Cox sold to Sir Eugenius Cameron, of Lochiel, 13-40ths of his interest of' 1-24th part, April 2 and 3, 1685. Sir Eugenius sold to Donald Cameron July 30, 1716. Donald Cameron sold to Evan Drummond, Nov. 17, 1721. Drummond sold one-half of said 13-40ths to James Alexander, July 17 and 18, 1723. Alexander reconveyed to Drummond 3-3 acres of unappropriated land, Feb. 22 and 23, 1724. On the 26th of the same month this amount of land was surveyed to Drummond by the Surveyor-General, " upon a tract of land formerly called the West India Company's Farm."
This survey was endorsed, with the approval of 16-20ths of the proprietors. The
1
.
134
WEST INDIA COMPANY'S FARM.
Second. A House Lot mark'd on the Map No. 4, A Garden and Orchard Lot mark'd on the Map No. 7, And a Farm Lot mark'd on the Map No. 8, Which three Lots, we have run out under the Patent of Petrus Stuyvesant to Claas Jansen Van Purmerant, dated the thirty first Day of January, One thousand six hundred and sixty two.
Third. A Tract of Land call'd Paulus Hook mark'd on the Map No. 5, which we have run under the Patent of Philip Carteret to Abra- ham Isaacsen Plank, dated the twelfth Day of May One thousand Six hundred and Sixty eight.
FFourth. A Piece of Land mark'd on the Map No. 9, Which we have run out under the Patent of Petrus Stuyvesant to Jacob Stoffel-
money for the purchase and cost of location was furnished by Archibald Kennedy . Feb. 13, 1724, Drummond executed a declaration of trust that he held the land for the use and benefit of Kennedy. In 1725 Drummond filed a bill in Chancery against Danielson for that part of the farm held by him. Gov. Burnet made a decree in ac- cordance with the prayer of the bill, Aug. 17, 1727. Sept. 18, 1727, Danielson acknowl- edged Kennedy as his landlord, and accepted from him a lease of the S. half of the farm until May 1, 1728. Oct. 10, 1727, Garret Steinmets, who was yet holding the N. half of the farm under the Palmer lease, surrendered to Kennedy, and accepted from him a lease for life at the rent of one ear of Indian corn when demanded, and a proper proportion of the Quit-rents reserved to the proprietors. Steinmets assigned his interest in this lease to Mattys De Mott Feb. 20, 1729.
On the expiration of Danielson's lease, Kennedy took possession of the S. half of the farm. The death of Garret Steinmets in 1733 gave Kennedy the possession of the N. half.
Drummond's will was dated Dec. 13, 1736. Andrew Johnson, his surviving ex- eeutor, transferred the title to Kennedy, April 24, 1747. Thus his possession was complete, and his title as perfect as the proprietors could make it. He died June 14, 1763. By his will, his son Archibald, Earl of Casselis, received two-thirds of the prop- erty, and his daughter Catherine one-third. Catherine sold her interest in the farm to her brother, May 16, 1765, for £1333 6s, 8d.
From the time that Kennedy took possession of the farm, there was a continual strife between him and the freeholders of Bergen. Trespasses, ejectments, injunc- tions, indictments, verdicts, and decrees followed each other for nearly three-quarters of a century. Kennedy filed a bill for qniet possession Sept. 8, 1783. This was dis- missed by Chancellor Paterson, March 6, 1793. The decree of dismissal was opened, and the cause reargued Feb. 11, 1794. A decree, dated Feb. 20, 1794, was made that the freeholders should bring a suit in ejectment in the Supreme Court, to be tried be- fore a special jary from Somerset County, and the verdict certified to the Chancellor. Such suit was brought, and the jury rendered a verdict in favor of the freeholders, Feb. 27, 1800. Kennedy still held on, and a bill was filed asking the court to give effect to the verdict. A compromise was at last effected, and both parties sold to John B. Coles, of N. Y., Feb. 4, 1804.
Kennedy, Earl of Casselis, died Dec. 29, 1794, leaving two sons, John and Robert, who, by his will, dated Jan. 19, 1794, received all his lands in America. In 1803 they made Robert Watts, of N. Y., their attorney in fact, to sell their lands, and he exe- cuted the deed to Coles.
John B. Coles died seized, Jan. 2, 1827. His children were Hannah, Eliza F., Isaac W'., Benjamin U., John B., and William F.
135
WEST INDIA COMPANY'S FARM.
sen dated the seventh Day of May, One thousand six hundred and sixty four.
Fifth. A Piece of Meadow mark'd on the Map No. 10, Which we have run out under the Patent of Philip Carteret to Petrus Stuy- vesant dated the thirty first Day of July, One thousand six hundred and sixty nine.
* Une also found a small Piece of Land lying southerly *69 from and near to the Town of Bergen, Which had been an- tiently, either by the Act, or the general Consent of the Free- holders, set apart for the Purpose of a Burying Ground.
Our Survey whereof shews and we adjudge it to be a Tract, mark'd on the Map No 170 *
Beginning at a Stake standing by a Street (which Stake is the East- erly Corner of an Out Garden Plot in Paulus Pieterse's Patent mark'd on the Map No. 103) And from said Stake runs South thirty nine Degrees West two Chains and two Links to a Stake, Then South forty eight De- grees East one Chain and forty four Links to a Stake, Then North forty eight Degrees East one Chain and seventy six Links, to the Corner of said Street, Then North forty two Degrees West One Chain and seventy five Links along said Street to, the Place of Beginning.
Wie also found another small Piece of Land lying South- westerly from, and near to the Town of Bergen ; Which it is said had been antiently appropriated either by the Actor gene- ral Consent of the Freeholders for the Incouragement of Me- chanicks setling near the Town.
Outr Surven whereof shews, and we adjudge it to be a Tract mark'd on the Map No 171 t
The Farm was mapped in 1804, map made by Joseph F. Mangin.
The tract not being Patent land, no common land was allotted to it. Yet by virtue of his claim to the Farm, it was feared Kennedy might succeed in getting a portion of the commons. He quit-claimed all his right thereto for £310, to Wm. Bayard, Hen- drick Kuyper, Cornelius Van Vorst, Cornelius Garrabrants, Cornelius Brinkerhoff, Michael Vreelandt, George Vreelandt, Andries Segaerd, Jacob Van Wagenen, George Cadmus, Peter Buskirk, John Buskirk, Margaret Buskirk, Johannis Van Wagenen, Abraham Sickles, Garret Newkirk, and Daniel Diedricks.
In front of this Tract, lying under the water in Harsimus Cove, a part of which is now the Long Dock property, a tract = 533 acres was surveyed by the proprietors to Elisha Boudinot, May 21, 1802. He sold to Nathaniel Budd Jan. 2, 1804, who sold to Willis Hall Oct. 1, 1835. On the same day Hall gave to Budd a consideration mortgage for $12,000. Hall sold to the N. J. Harbor Company (incorporated March 13, 1837) May 31, 1837. The mortgage was foreclosed, decree dated Oct. 18, 1840, execution dated Jan. 7, 1841, and Henry Newkirk, sheriff, sold to Mary Bell, Aug. 7, 1841. Gough vs. Bell, 2 Zab., 441.
* This lot is still used for the purpose of sepulture. It has, as a burying-ground, been enlarged by additional ground.
t The earliest record of private ownership shows this lot to be in the Winner family. How and when they obtained it I do not know. It lies in the S.W. corner of Glenwood and Bergen Aves. The S. half has descended to its present owner, John Winner, Vide Note to Van Fleck's Patent, p. 53. John Winner sold the N. half to Peter Stuyvesant, April 26, 1787, who occupied and kept tavern in an old house thereon. Vide Vote to Varlet's Patent, p. 62. George Tise is the present owner.
136
WEST INDIA COMPANY'S FARM.
Beginning at a Post in the Corner of a Fence ( which Post is the Southerly Corner of the Parsonage House Lot mark'd on the Map No 174) and from said Post runs South twenty two Degrees West six Chains and eighty Links to a Stake, Then North sixty nine Degrees and fifteen Minutes West three Chains and sixty Links to . a Stake, Thence North twenty six Degrees and thirty Minutes East six Chains and fifteen Links to a Stake, Thence South sixty seven Degrees and fifty Minutes East three Chains and twelve Links to the Place of Beginning.
*70 * Dancing thus discover'd and exhibited the Limits of the Township of Bergen, and of the Appropriated Lands therein con- tain'd, We were thereby enabled to discover, what Part of the said Township is Common Land to be divided according to the said Par- tition Act.
And out of which common lands so discover'd ; We thought fit (agreeable to the direction of the said Partition Act) first to set apart a Tract (lying at Bergen Point adjoining to Kill Van Cul) which we think will be sufficient to defray the Charges of making a General Partition of the said Common Lands.
Our Survey of which said Tract for Charges shews and we do adjudge it to be a Tract mark'd on the Map No 172 *
Beginning at a White Oak Tree (standing on the Southeasterly Point of Upland, on the West Side of the Northeast Harbour, which White Oak Tree is mark'd with a Blaze and three Notches on each of its four Sides and bears from the West Corner of Cornelius Criuser Junt's House on Staten Island North forty four Degrees and fifteen Min- utes West; and from the Chimney of Mrs Gruesbeek's House North fitty two Degrees and thirty Minutes East) And from said White Oak Tree runs Northeasterly along Kill Van Cul to the Edge or Southwesterly Point of the Meadow, Then Northerly along betwixt the Upland and Meadow to a Stake (standing North two Degrees and fifty five Minutes West twenty seven Chains and twenty eight Links from said White Oak 'Tree), and from Said Stake runs North eighty five Degrees West forty six Chains and thirty seven Links to a Stake. Thence North fifty one Degrees
" This lot was sold by the Commissioners of the Bergen Commons to Hendricus Kuyper, the highest bidder, at public anetion, Sept. 5, 1764, for £7300, " proclamation or lawful money of New Jersey." The deed to Kuyper was dated Sept. 10, 1764, and on the same day he endorsed on the deed a declaration, that he held the same in trust as follows : 2-18ths for Anthony White of New Brunswick ; 1-18th for George Vree- landt ; 1-18th for Michael Cornelise Vreelandt ; 1-18th for Garret Newkirk ; 1-18th for Thomas Brown ; 1-18th for Joris Cadmus ; 1-18th for Jacob Van Horne ; 1-18th for Cornelius Van Vorst; 1-18th for Cornelins Garrabrants, Jr .; 1-18th for Claas Vreelandt ; 1-18th for Jacob Van Wagenen, Jr. ; all of Bergen ; 1-18th for William Bayard; 1-18th for John Van Dalson, both of N. Y. City ; 1-18th for John Merse- reau, of Staten Island; and 1-18th for himself. These parties had furnished the pur- chase money in the above proportions.
The money received for the lot was more than enough to defray the expenses of the allotment, and the following is interesting as showing what became of the surplus. It seems to have been copied from original papers in the possession of Azariah Dunham about 1799. It was entitled :
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137
BERGEN POINT LOT.
West thirty Chains to New Ark Bay, Then down along said Bay to Kill Van Cul, Then Easterly along Kill Van Cul to the Place of Beginning, containing about three hundred and forty three Acres and a Half.
[" Corporation of Bergen's Powers to the Trustees to appropriate surplus moneys to charges of Subdivision &c."]
" Know all men by these presents, that whereas, by an Act of the Legislature of the Colony of New Jersey, Entitled "an Act appointing Commissioners for finally settling & determining the several Rights, Titles and Claims to the Common Lands of the Township of Bergen, and for making a partition thereof in just and equitable proportions among those, who shall be adjudged by the said Commissioners to be en- titled to the same." The Commissioners therein named and appointed were directed to set apart & sell so much of said Common Lands as they should think sufficient to defray the Charges of a general partition of the said Common Lands, and out of the moneys arising by such sale to detain in their hands the charges of the said general partition, and to pay the surplus (if any) to the Trustees of the Freeholders inhab- itants of the said Township of Bergen, for the use of the Corporation.
And whereas, at a public meeting of the said Freeholders Inhabitants of said Township of Bergen, with the Trustees held at the Town of Bergen, on the second day of July last past, it was agreed and concluded, as well by the Trustees as the Freeholders Inhabitants of the said Township and Corporation of Bergen, that out of the surplus money arising by the sale of the Land aforesaid if sufficient for that pur- pose, the arrears of Quit Rents dne from the Township to the General Proprietors of the Eastern Division of New Jersey, should be paid and discharged, and also, that out of the same if sufficient the Trustees should have all their reasonable demands against the said Township fully satisfied ; and if any of the said surplus should then remain, it was also agreed and concluded that the same should be proportioned & divided among the said Freeholders and Inhabitants.
And whereas the Land so set apart hath, pursuant to the said Law, been lately sold, and produced a much greater sum of money than was expected, insomuch that after defraying the expense of the General Partition, discharging the Quit Rents to the General Proprietors, and the reasonable demands of the Trustees, a surplus will then remain sufficient (as it is conceived) to defray the whole charge that may accrue in making a Subdivision of the said Common Lands, if applied to that purpose.
And whereas, the charges attending the said Subdivision seem by the said law in- tended to be raised by selling a part of the Commons allotted to each respective Patent, which method, if pursued would be attended with length of time and many other in- conveniences, troublesome to the Commissioners, and detrimental to the general inter- est of the Freeholders.
Therefore we the Subscribers, Freeholders Inhabitants of the Township & Cor- poration of Bergen, taking into Consideration the above matters, and finding that the law seems rather to permit than enjoin such sales to be made, do hereby appropriate such surplus money aforesaid, raised by the sale of the land aforesaid, set apart & sold for defraying the charge of the General Partition remaining after defraying the same, and the Quit Rents to the Proprietors, and the reasonable demands of the said Trustees, or so much of the said surplus as may be sufficient for that purpose, to be a fund for defraying the charge that may accrue on making all the subdivisions of the said Common Lands. And we do hereby authorize, impower, and order, Johannis Uriance, Hendricus Kuyper, and Helmigh Van Houte, or either of them (who we acknowledge to be Trustees) to pay unto, or otherwise suffer Charles Clin- ton, William Donaldson, Azariah Dunham, John Berrien, Abraham Clark jr, and 18
138
BERGEN POINT LOT.
In the next Place we had Regard to the Right and Allotments due to the Church and Free School.
Jacob Spicer, or the major part of them (Commissioners in and by the law aforesaid named and appointed) to retain in their hands so much of the said surplus money, as will fully pay the whole charges of making the said Subdivisions of the said Common Lands, taking the said Commissioners receipts for each and every persons particular charge thereof, which receipts when produced shall be sufficient to discharge them, the said Trustees, and each of them, their, and each of their heirs, Executors and administrators of, and from so much of the said surplus money as the said receipt shall express to have been paid on account of the Subdivisions aforesaid. And we do hereby ratify & confirm whatsoever our said Trustees above named, any or either of them shall do in, and about the premises, pursuant to the power and directions above granted and preseribed, which shall be final and conclusive to us, and each of us our and each of our successors, heirs, executors and administrators, any act, mat- ter, or thing whatsoever heretofore done by us any or either of us to the contrary hereof in any wise notwithstanding. And we, the said Johannis Urianee, Hendricus Kuyper, and Helmigh Van Houte, Trustees aforesaid and subscribers in quality of Freeholders, inhabitants & members of the said Township and corporation of Bergen, having an interest in the said surplus money, do, on our part hereby agree as follows :
Firstly, that so much of the said surplus money shall be applied to defray the charges of the said subdivisions of the said Common Lands as shall be sufficient for that purpose.
Secondly, that we will punctually conform to the power and directions above granted and preseribed by the other members of the Corporation aforesaid, and to each of them will account and pay their several respective proportions of all the said surplus money that shall remain in our hands (after our own reasonable demands and the charges of making the Subdivisions aforesaid) shall be thereont fully paid and discharged; if any part of the said surplus shall then so remain in our hands, not needed for the purposes aforesaid, and for the final ratification and true performance of these presents, We, the said Freeholders, Inhabitants, and Members of the Said Township and Corporation of Bergen (Trustees inelusive) have hereunto set our hands the Eleventh day of December, seventeen hundred and sixty-fonr.
Reynier V. Giese, Gerrit Sip, Edward Earle,
William Bayard,
Hendriek Van Winkle,
Daniel Diederieks,
George Vreelandt,
Henry Fielding, his
Gerrit Van Reipen, his
his
Jacob I. G. Van Wagene, mark
Levinis x Winne, mark Abraham Diedericks,
Matthewwis R Van Nukerk, mark
Arent Toers,
Hermanus Veeder,
Johannis Diederieks,
Cornelius Van Vorst,
Seil Marselis,
Hendrick Sigells, his
Zacharias Siekels, his
Philip Smith, his
Jacobus x Van Boskerek, Michael M Vreeland, mark
Johannis M. Wynner,
Joris Cadmus,
John Van Horn,
Mindert Garrabrants,
Andries Seagaerd,
Job Smith, .
Pieter Merselis,
Johannis Vreelandt, Johannis Van Wagenen, his
Hendriek Blinkerhof,
Cornelius Sip,
Philip Earle, marck
Garret G. AK Newkirk, mark
Hartman Brinkerhoef, his Matthias x Evison, mark
Michael AV Hartmanse Vreeland, scyn
Abrahamı Sickels,
Cornelius Garrabrants, Margrieta Van Boskerck,
Mattheus Newkirk,
John Van Houte, Jacobus Vanderhoef,
Daniel Van Reypen,
Cornelius Jurreyanse,
his
JOHANNIS X JURREYANSE, HENDERICUS KUYPER, HELMIGH VAN HOUTE, mark
Trustees.
mark mark.
139
BERGEN POINT LOT
We do not find, That, there is, or ever was more than one Church in this Township, nor that, this Church is incorporated by any Charter,
We, the Subscribers, do hereby certify that the above written and foregoing is a true copy of an Original instrument, now in our possession, signed by the Freehold- ers, Inhabitants of the Township of Bergen. and as their Act to ns delivered in quality of their Trustees for the uses and purposes therein mentioned, and by us also agreed to and signed, and by virtue and in pursuance thereof, we do hereby suffer, authorize and impower Charles Clinton, William Donaldson, Azariah Dunham, John Berrien, Abraham Clark jr. and Jacob Spicer and the major part of them to retain in their hands (as a fund for the purposes hereinafter mentioned) the sum of four thousand three hundred twenty-two pounds ten shillings and three pence, being the surplus at present remaining of the money produced by the sale of the land set apart and sold for defraying the charges of making a General Petition of the Common Lands of the said Township, after the said charges and one thousand pounds more advanced to the said Trustees for paying the Quit Rents, due from the said Township to the General Pro- prietors of the Eastern Division of New Jersey were thence deducted, which sd sur- plus so remaining and amounting to the sum of four thousand three hundred and twenty-two pounds ten shillings and three pence as aforesaid, We consent and agree shall by them the said Charles Clinton, William Donaldson, Azariah Dunham, John Berrien, Abraham Clark and Jacob Spicer (or the major part of them) be applied and deposited as follows : (that is to say)
Firstly, that after our own reasonable demands against the said Freeholders In- habitants of the said Township of Bergen shall be adjusted between them and us so much of the surplus shall be applied to pay the same as shall be sufficient for that purpose.
Secondly, that so much more of the said surplus shall be applied to defray the charges of making subdivisions of the Common Linds of the said Township of Bergen as shall be sufficient for that purpose, and if then any part of the said surplus shall remain the said part so remaining shall be deposited in our hands for the use of the Corporation of Bergen, to be accounted for and paid to the members thereof in pro- portion to their several rights as we have already agreed to do, hereby giving and granting unto the said Charles Clinton, William Donaldson, Azariah Dunham, John Berrien, Abraham Clark, Jacob Spicer and the major part of them our full power and authority in and about the premises and ratifying and confirming whatsoever they, or the major part of them shall do agreeable to the power and directions above granted and prescribed.
In witness whereof we have hereanto set our hands the 18th day of December 1764.
his JOHANNIS X JURYANSE, true mark HENDERICUS KUYPEN, HELMIGH VAN HOUTE."
The tract was divided into 37 lots ; 13 fronting on Newark Bay, and 18 on Kill Van Kull, besides one other lot for the use of a ferry to Staten Island. Kuyper's as- sociates received from him a deed for a lot on the bay, a lot on the kill, and 1-18th of the ferry lot. These deeds were dated March 7, 1265, and to each was annexed an original map, made by Azariah Dunham, one of the Commissioners, showing the divi- sion of the tract. The map, which I have reproduced, was copied from the original annexed to the deed to Cornelius Van Vorst. Only two deeds, viz., to Joris Cadmus and George Vrecland, are on record.
140
BERGEN POINT LOT.
*71 but is a Religious Society maintain'd from the first Settlement of the Country * according to the Mode of the protestant Churches in the
KILL VAN KULL LOTS
Nes. 1 and 2 were sold by Peter Ward, Sheriff, to James Bard Jan. 2, 1789, on an execution against Catherine Knyper, administratrix of Henricus Kuyper, deceased. Edward Nichol sold the same to Charles Henry Lambert-Preudhomme Du Pont Jan. 14, 1-00, who sold Lot No. 1 to Peter Van Buskirk Oct. 17, 1800, which he probably gave to his son-in-law, Cornelias Vreeland. Hartman Vreeland, David M. Demarest, Jasper Cadmus, and William Vreeland, conveyed to Peter Crary by two deeds, Dec. 24 and 25, 1747, several acres which lay within this lot, and possibly within Lot No. 2. The land hereabouts seems to have been mapped by R. M. Cary, surveyor. Dec. 10, 1847. Crary conveyed to Samuel D. Ingham and Matthew C. Jenkins a strip 300 feet on Kill Van Kull, by 272 feet deep, May 4, 1848 ; also another strip May 23, 1848. Hartman Vreeland et al. to Ingham and Jenkins over six acres east of the church lot Jan. 5, 1848. Vide Note to Lot No. 418, p. 155, and Note to Lot No. 5, p. 70. Ingham and Jenkins to William B. Reed and Philip Van Wart March 5, 1851, who parti- tioned March 1, 1852. Reed to Charles H. Winfield and Frederick F. Betts the S. E. corner May 25, 1855. Betts quit-elaimed to Winfield Oet. 6, 1855 ; Winfield to Reed Ang. 6, 1856 ; Reed to Henry Paret April 30, 1857.
Lot No. 2 (?) seems to have been owned by Peter Van Buskirk, and by him given to his son iu-law, William Vreeland, who conveyed to James L. Simonson, May 27, 1826, the whole lot, except half an aere in the S. W. corner, which he conveyed to Cornelius Simonson June 13, 1836. James L. Simonson conveyed to the Reformed Church of Bergen Neck Nov. 5, 1829; the church to Geo. W. Brnen Oct. 12, 1836; Bruen to the church Aug. 6, 1840 ; the elirch to John Paret Oet. 24, 1853. Paret also purchased the half-aere owned by Cornelius Simonson. Retaining this half-acre and some additional ground, he sold the residue of the lot to Samuel C. White, the present owner. Paret died seized of the S. W. corner Oct. 8, 1866, leaving children, Caroline, Mary E., William, Henry, and Thomas D.
No 3 was owned by Thomas Brown, and was inherited by his grandson, Andrew Gautier. Thomas B. Gautier sold it to David Leary Nov. 7, 1798, who sold to James Van Zyle May 1, 1804. Abraham Bedell sold it to Geo. W. Bruen Oct. 10, 1836 except { aere in the S. W. corner sold to Wm. Stringham Dec. 27, 1831. Fide Note to Andriesen's Patent, p. 13.
No. 4 was deeded by Kuyper to Garret Newkirk. Tide Note to Berry's Patent, p. 51. By Newkirk's heirs, viz. : John Van Dalson, Matthew G., and Henry New- kirk, it was sold to James Van Buskirk Feb. 7, 1795. He, by will, dated Sept. 8, 1823, proved Dec. 27, 1823, gave it to his son Nicholas, who conveyed it to James Van Buskirk, by whom it was reconveyed to Nicholas March 17, 1849. Jacob Van Horn sold two aeres off of the rear end of this lot to George McIntyre May 9, 1796. MeIntyre's will, dated May 9, 1800, made his wife Dorcas his executrix. She sold all of her husband's lands at Bergen Point to Casparus or Jasper Zabriskie Jan. 1, 1802.
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