History of the land titles in Hudson County, N.J., 1609-1871, Part 5

Author: Winfield, Charles H. (Charles Hardenburg), 1829-1898; Hudson County (N.J.). Board of Chosen Freeholders; New Jersey. Commissioners for Making Partition of the Common Lands of the Township of Bergen; Bergen Reformed Church (Jersey City, N.J.)
Publication date: 1872
Publisher: New York : Wynkoop & Hallenbeck, Printers
Number of Pages: 482


USA > New Jersey > Hudson County > History of the land titles in Hudson County, N.J., 1609-1871 > Part 5


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" 'These are to certify that on the ninth Day of March one thousand " seven hundred and sixty four personally appeared before me John Ber- " rien Esqr. third Justice of the Supreme Court of Judicature for the " Province of New Jersey, Jonathan Hampton one of the Surveyors " appointed by the Commissioners named and appointed by an Act of the " General Assembly of the Province of New Jersey pass'd the last Ses- " sions at Burlington entitled 'An Act appointing Commissioners for " finally setling and 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 entitled to the


* GEORGE CLINTON


Was the youngest son of Charles Clinton, one of the Commissioners for dividing the Common Lands. He was born in Ulster Co. (Little Britain), N. Y., July, 26, 1739, died at Washington, April 20, 1812. He joined his father in the expedition against Fort Frontenac, in the French war. He was a lawyer, and was elected to the Colonial Assembly in 1768. Here he soon became head of the Whigs. He was elected to the Continental Congress in 1775, voted for the Declaration of Independence, was appointed Brigadier-General in 1777, and in the same year, at the first election under the Constitution of N. Y., was chosen both Governor and Lieutenant-Governor. He held the office for eighteen years, being chosen at six successive elections. He was energetic, and rendered his country great service during the revolution. In 1788 he was President of the State Convention to consider the Federal Constitution, to the adoption of which he was opposed, not deeming it sufficiently decided in favor of the sovereignty of each State. In 1792. at Washington's second election, Clinton received fifty votes for the Vice-presidency. In 1801 he was again elected Governor, and in 1804 Vice-president of the United States. In 1808 he received six electoral votes for President, in opposition to Madison, but was continued as Vice-president. By his casting vote in the senate, Jan. 24, 1811, the National Bank was not rechartered.


JONATHAN HAMPTON, though sworn did not serve.


35


LAND TITLES.


" same'-And took an Oath to the following purport that he would exe- " cute and perform the Trust and Services required of him as Surveyor " fairly and impartially according to the Directions which he shall from " Time to Time receive from the said Commissioners pursuant (*) to the *4 " said Act to the best of his Skill and Judgment. In Witness whereof I " have hereunto set my Hand the Day and Year above mentioned. " Signed JOHN BERRIEN."


" These are to certify that on the twenty Sixth Day of March one " thousand seven hundred and sixty four personally appeared before me " John Berrien Esqr. third Justice of the Supreme Court of Judicature for " the Province of New Jersey George Clinton one of the Surveyors " appointed by the Commissioners named and appointed by an Act of " the General Assembly of the Province of New Jersey pass'd the last " Sessions at Burlington entitled ' An Act appointing Commissioners for " finally setling and determining the several Rights, Titles and Claims to " the Common Lands of the Township of Bergen and for making a Par- " tition thereof in just and equitable Proportions among those who shall " be adjudged by the said Commissioners to be entitled to the same' -- " And took an Oath to the following Purport, that he would execute and · " perform the Trust and Services required of him as Surveyor fairly and " impartially according to the Directions which he shall from Time to " Time receive from the said Commissioners pursuant to the said Act to " the best of his Skill and Judgment.


" In Witness whereof I have hereunto set my Hand the Day and Year " above mentioned.


" Signed


JOHN BERRIEN."


And we the said Commissioners so qualified with our said Surveyors proceeded then to the Survey of the said Township of Bergen as by the said Act directed; And we the said Commissioners do adjudge the Bounds and Limits thereof to be as follows, to wit,


The Bounds and Limits of the said Township of Bergen Begins at the Northeastermost Corner thereof at a Chessnutt=Urce standing on the Easterly End of a small narrow high Ridge of land, the said Uret is marked on the Northwest side thereof with a Blaze and three Notches and on its Southwest Side with the Letter B and the said Tree on a Course (from it) South forty nine Degrees East is thirty five Links distant from the Northwesterly Side of Mordainis Meadow; and on a Course (from it) North Sixty Eight Degrees West is Seventy Seven Links distant from a large Rock mark'd with these four Figures 1764 ; And on a Course (from it) Southwest is fifty Links from the middle of a small Run of Water in a large Gully near the Head of a Creek; and from which said Eret these several Objects on the East Side of Hudson's River have the following Bearings, to wit, the Southermost Chimney of Humphreys Jones's House bears South sixty two Degrees and five Minutes East ; The single Chimney of Dennis Hicks's House bears South fifty Degrees and five Minutes East ; the Door in the Middle of Charles Ward Apthorp's New House bears South forty Degrees and fifty Minutes East ; And the Northeastermost Chimney of Bloomingdaal House (late Mr. Oliver Delancey's) bears South seventeen Degrees East ;- And from the said Chesnutt=Erre running upon a Course North forty nine Degrees West ninety seven Chains (by a Line of mark't


36


MARYN ADRIANSEN.


* 5


Trees) to a stake (mark't E & B) Standing by the side of the Eastermost Branch of a small Creek, and about one Chain and a Half from the Head of the said Branch, at or near a Place called Espatin-Thence running down the said Creek Northerly, Westerly and Southwesterly as the same Creek runs, till it comes into Hackensack River-Thence (*) along Hackinsack River Southwesterly as the same River runs till it comes into New Ark or After Cul Bay-Thence Southwesterly along said New Ark Bay to Kill Van Cul ( which parts Staten Island from the Main) -Thence Easterly along Kill Van Cull to New York Bay-Then Northerly along New York Bay to the Mouth of Hudson's River- -Then Northerly up along Hudson's River to the Southermost Point of Mordainis Meadow aforesaid-Then Northerly along the Edge of said Mordainis Meadow or Marsh where the same joins the Upland 'til it comes to bear South forty nine Degrees East from the aforesaid Ches= nutt Tree-Thence North forty nine Degrees west thirty five Links to the said Chesnutt Tree the Place of Beginning.


Leaving thus run out and ascertained the General Bounds and Limits of the said Township of Bergen we proceeded next to a Survey of the several Patents and Grants contain'd within the same which are many, and we have thought fit to enumerate them in the following Order.


First inserting the Grantors Name, The Grantees Name and date of each Patent and Grant; and then the Bounds and Limits thereof as by us discovered, survey'd and ascertain'd. A Work attended with much Difficulty and setled upon a due Attention, as well to the Words, and Descriptions in the Patents and Grants themselves as to antient Posses- sion, and the Allegations and Proofs suggested & produced upon the Spot. The stating of all which we conceived to be unnesessary and expensive, and it is therefore omitted. But we do hereby declare once for all, That, the Limits mentioned in our Survey immediately after the Grantor and Grantees Names and Date of each Patent and Grant here- inafter inserted are the Limits which we Do adjudge, assign, and ascertain for such Patent and Grant.


want begin with


The Patent of Wiehaken granted by William Kieft to Maryn Adrianse dated the Eleventh Day of May one thousand six hundred and forty seven, and confirm'd by Patent from Philip Carteret to said Maryn Adrianse dated the Eighteenth Day of April one thousand six hundred and seventy.


Our Survey whereof shews, and we do adjudge it to be a tract which on the Map is mark'd No. I .*


* Adriaensen was born in 1600, N. Y. Col. MSS. i. 249, came from Veere to this country in 1631 and settled in Rensselaer Wyck, O'Cal. N. N. i. 434. For the terri- ble massacres of 1643 he was greatly responsible. The accusation of this was more than he could bear, and armed with a entlass and pistol he one day rushed up to the Director-General and said, "What devillish lies are these you have been telling of me," at the same time attempting to shoot. He was seized and committed to prison. O'Cal. N. N. i. 273. In March 1643 he was sent in irons to Holland for trial. He returned and obtained a patent for Awiehaken. He was a bad man ; a noted free- booter, O'Cal. N.N. i. 434 ; a drunkard, N. Y. Col. MSS. i. 200 ; and a slanderer, Ibid iv. 94. His wife's name was Lysbet Tysen. She survived him and married Geerlief Michielsen, May 3, 1654, New Amst. Ree. i. 448.


37


MARYN ADRIANSEN.


Beginning at the Mouth of Hobocken Creek (which parts Wiehaken from Hobocken) and from thence running up Hudson's River as the same River runs to the Mouth of a small Creek at Wiehaken Ferry, Then up the same Creek to a Stone planted in the Mouth of the first Gully and Run of Water that runs from the Westward into said Creek ( which Stone is North thirty seven Degrees and a half East thirty Eight Chains and sixty seven Links from the Mouth of said Hobocken Creek ) and from the said Stone North fifty two Degrees and a Half West twenty seven Chains


The following is a copy of the Dutch grant :


" We William Kieft the Director-General and the Council in the behalf of the High and Mighty Lords, the States General of the United Netherlands, his Highness (the Prince) of Orange and the Noble Lords, the Managers of the Incorporated West India Company in New Netherland residing, by these presents do publish and declare that We on this day of the date underwritten have given and granted unto Maryn Adriaensen a certain piece of land known by the name of Awichaken, situated on the West side of the North River, bounded on the North by the Kil of Hoboken, and from thence North till to the next Kil, and with the same breadth into the woods till containing fifty Morgens of land : with the express condition and terms that he the said Maryn Adriaensen or they who by virtue of these presents to his action may hereafter succeed, shall acknowledge the noble Lords the managers aforesaid as his Lords and Patroons under the sovereignty of the High and Mighty Lords the States General, and unto their Director and Council here, shall in all things be conformed, as all good inhabitants are in duty bound : Provided also that he shall be further subject to all such burdens and imposts as already by the Noble Lords have been enacted, or such as may yet hereafter be enacted, constituting therefore the said Marpn ad= riacusen in our stead in the real and actual possession of the aforesaid piece of land, giving unto him by these presents the full might, authority and special license, the aforesaid land to enter, cultivate, inhabit and occupy in like manner as he may law- fully do with other his patrimonial lands and effects, withont our the Grantor's in the quality as aforesaid thereunto any longer having reserving or saving any part, action or controul whatever, but to the behoof as aforesaid from all desisting from this time forth and forever more.


Promising moreover this Transport firmly, inviolably and irrevocably to maintain fulfil and execute, and finally to do all that in equity we are bound to do. Witness these presents by us undersigned and confirmed with our Seal. Done in the Fort New Amsterdam in New Netherland this 11th day of May A.D. 1647.


WILLEM KIEFT.


By the order of the Noble Lords, the Director General and the Council of New Netherland.


CORNELIS VAN TIENHOVEN, SECY." Land Papers (Albany) G. G. 217.


It is well to note that all confirmations of the Dutch grants were made by Patent signed by the Governor and major part of his Council and under the seal of the Prov- ince. Preceding such patent, however, was a warrant signed in the same manner, directed to the Surveyor General who made his return of the survey. Both survey and patent were recorded by the register. This system continued until the surren- der, when the governor ceased to be an officer of the proprietors and they no longer had control of the great seal .- Nixon's Digest, 838.


When and how Nicholas Bayard obtained this tract I do not know, but it was at an early date. On June 10, 1678, Governor Carteret with the consent of the Free-


38


MARYN ADRIANSEN.


and seventy five Links to a Heap of Stones (ten Links North from a black Oak Tree mark'd on its North side W B) Then South thirty seven Degrees & a Half West thirty seven Chains and sixty seven Links to *6 another Heap of Stones (Eighteen (*) Links Northwesterly from a large flat Rock) Then South fifty two Degrees and a Half East to the aforesaid Hobocken Creek, thence down along the said Creek to the Mouth thereof on Hudson's River the Place of Beginning .- Next,


holders of Bergen granted to him "full power and authority to Build erect and set up on the Water Run of Wiehaken a saw and Corn Mill." He was not to ent any trees within 200 Rods of the upper fence by Espatin, nor within the same distance of the lower fence of Wiehaken, and was to keep only three cows, for which he was to pay to Bergen six guilders a head, and for horses nine gnilders, " which horses are to be working horses and none other without consent."


By his will, dated May 7, 1707, proved April 19, 1711, he left bis real estate in- cluding Weehawken to his son Samuel.


The following, in connection with this tract, will be interesting to the curious reader:


" At a meeting of the trustees of the Township of Bergen the 5th day of June 1721,


Present, John Sipp, Ruth Van Hoorne, Wander Diedricks, Hendrick Kuypers, Johannis Gerritsen, Matthias DeMott.


Whereas the Trustees of this Corporation, did on the 15th day of April 1718, by order of this Corporation grant unto Samuel Bayard and to every one of the Pro- prietors of Particular tracts of Land Lying within the Limitts and bounds of the Township of Bergen having always Payd their Proportional Part of the Towne Quit rents charges of the Pattent for Incorporation of the said Township and other cost and Charges of the said Township, that each and every of them have on their own cost and Charge a Graunt of this Corporation under the Common Seale of the Corpo- ration for Leave, Lycence and Libberty for their Respective Lands of having Cutting, Carting of and from and out of the Common Woodlands and Swamps of said Town- ship of Bergen all manner of Post Rayles, fencing stof. Timber, Polls, and other Timber necessary for the use of their Respective Lands and Meadows and in case of a Divident of the said Common Lands and Meadowes an equitable Proportion [several words obliterated] several and respective tracts of Lands and Meadowes.


The Trustees being aprehensief that that graunt might hereafter prove Incon- venient, do Order that neither the said Samuel Bayard nor any other of the Proprietors of Particular Lands within the Limmitts and bounds of the said Township of Bergen have any graunt of this Corporation Pursuant to said order of the 15th April 1713."


Stephen Bayard, the son of Samuel, inherited this lot, and by will dated January 31, 1753, proved February 9, 1757, gave it, along with the ferry grant, to his son Robert. It was confiscated as the property of William, and sold by the agent of For- feited Estates to Jacobus J. Bogert, May 11, 1784, and by him to John Stevens, May 1, 1788.


The following is the title of the act under which this property was confiscated. Chapter CXXII.


" An Act for forfeiting to, and vesting in, the State of New Jersey, the Real Estates of certain Fugitives and Offenders, and for directing the Mode of determining and satisfying the lawful Debts and Demands which may be dne from, or made against, such Fugitives and Offenders ; and for other purposes herein mentioned."


Passed December 11, 1778. Wilson's Laws, 67.


39


NICHOLAS VARLET.


The Patent of Hobocken, granted by Petrus Stuyvesant to Nicholas Varlett Esqr. dated the fifth Day of February one thousand six hundred and sixty three and confirm'd by Patent from Philip Carteret to said Nicholas Varlett dated the twelfth Day of May one thousand six hundred sixty eight.


Our Survey whereof shews, and we adjudge it to be a Tratt which on the Map is mark'd No. 2 .*


0 Nicholas Varleth or Varlet, was a man of note. The first his name appears in the records of New Netherlands is December 9, 1652. From this time his success was remarkable. October 14, 1656, having lost his wife, he married Anna, the sister of Governeur Stuyvesant, and widow of Samuel Bayard. April 7, 1657, he was ap- pointed Commissary of Imports and Exports ; April 17, 1657, he was admitted to the rights of a small burgher; April 23, 1658, became " collector," also "Farmer of Duties on Exports and Imports to and from New England and Virginia." In the same year being "an old and suitable person," he was invested with the "Great Burgher Right," and appointed "Searcher and Inspector," and " Commissary of the Company's Stores." February 27, 1660, he was sent with Brian Newton as ambassa- dor to Virginia, " to condole the death of Gov. Matthews, to propose a league offen- sive and defensive against the Indians, to conclude a commercial treaty, and to request permission to enlist" men for the New Netherland army .- N. Y. Col. MSS., ix. 101 ; was named a commissioner to agree on terms of capitulation, September 6, 1664 ; ap- pointed captain of the militia in Bergen, Gamoenepan, Ahasimus, and Hooboocken, October 6, 1665; on the same day a member of the court at Bergen, and on the first of November following a member of Carteret's Council. These positions he continued to hold for several years. He died in the summer of 1675.


In the patent from Cartaret, this tract is said to contain 276 acres. At what time Varlet obtained possession of it is not known, but it was previous to March, 1656, N. Y. Col. MSS., vi. 347. He received a patent for it, said to contain 138 morgens, February 5, 1663.


He left two children, Abraham and Susanna. Abraham, born 1650; was Clerk in the Office of the Secretary of the Province in 1673, and a commissioner to admin- ister the oath of allegiance to the inhabitants of the towns in Achter Col (New Jersey) in 1673. He left the Province in 1675; entered the Dutch East India Company's service, and afterwards died in the city jail at Ceylon. I have heard that Prof. Dodd, of Princeton, discovered a deed from him to Samuel Bayard among the Bayard papers. Susanna married Jan or Johannis DeForest, June 8, 1673. In a controversy which arose between the widow of Varlet and her two children in 1676, Samuel Edsell and Peter Stoutenburgh acted as agents for Abraham, then absent. Oloffe Stevenson Van Courtlandt, William Beekman, Francis Rombout, and Gulian Ver Planck acted as arbitrators. Their award, dated August 22, 1676, was that after satisfying the four children by her former husband, Samuel Bayard, according to the terms of their will out of Varlet's property, the residue should belong to her and the two Varlet children. Susanna had four children, viz. : Nicholas, born February 4, 1675; Susanna, born January 4, 1677; Sara, born April 10, 1678; and Sara, born March 12, 1680. The only one who survived the age of childhood was Susanna, who married Robert Hickman. Hickman et ux, sold Hoboken to Samuel Bayard for £500, June 19, 1711 ; deed acknowledged before Judge Pinhorne. He left it to his son Stephen, who by his will dated Jan. 31, 1753, proved Feb.


40


IDE CORNELISON VAN VORST.


Beginning at the Mouth of the Creek that Parts Hobocken from Wiehaken (being the Place of Beginning also of Wiehaken Patent) and from thence running up said Creek as it runs to a stake at the Foot of the Hill (which stake stands North fifty two Degrees & a Half West Eighteen Chains and sixty three Links from the Mouth of said Creek) Then from the said stake Westerly along the foot of the Hill One hundred and thir- teen Chains and a Half on a streight Line to a stake by a Creek which Parts Hobocken from the Meadows lying North of Horsimus (from which stake the said Creek runs about twelve Chains on a course South Sixty Six Degrees and a Half East) 'Then down said Creek as it runs to Hud- son's River, then up along Hudson's River as it runs to the Place of Beginning.


The Patent granted by Philip Carterett to Ide Cornelison Van Voost dated the thirtieth Day of March one thousand six hundred and sixty Eight for sundry Parcels of Land lying at Horsimus.


Our Suturn whereof shews and we do adjudge them to be two Tracts first a House Lot which on the Map is mark'd No. 3 .*


9, 1757, gave it to his son William. William Bayard went to the British during the Revolution, and it was confiseated to the State. He joined the army of the King, May 1, 1777, as per inquisition made at the house of Stephen Bogert, near the Pond Church, Oet. 21, 1779. Thereupon a writ dated Jan. 30, 1784, issned out of the Common Pleas of Bergen, directed to Cornelius Haring, Agent of For- feited Estates in Bergen County, to sell and dispose of all the land belonging to Bayard. He sold the traet in question to John Stevens, Junior, of New York, March 16, 1784, for £18,360. The deed of Haring to Stevens was dated July 26, 1784, and conveyed 564 acres. In 1804 the upland was mapped ont, and the map entitled, " A Map of the New City Hoboken," made by Charles Loss. Stevens bought from John Dey 30 acres of meadow, Feb. 4, 1792, and 10 acres June 5, 1795. This was lot 133. Vide Note to Van Purmerent's Patent p. 7. He sold to Samuel Swartwout 327 acres of meadow, April 15, 1814. This Swartwout mortgaged to John G. Coster, Dec. 6, 1827. The mortgage was foreclosed, decree dated July 15, 1840, and Robert Van Arsdale, Master's deed, dated Oet. 24, 1840, to John G. Coster, who died seized, Aug. 8, 1844. His will dated April 9, 1842, proved in New York Sept. 6, 1844 ; in Hudson County, March 23, 1843.


* Gov. Stuyvesant gave to Van Vorst a "lot at Ahasimus S. W. of the wagon road," April 5, 1664 .- Land Papers (Albany) H. H. 136. This was his home lot, and the Patent therefor was destroyed by fire. Carteret's patent adds to the original graut, and describes the two lots :


Lot No 3, lying at Haasemus on the N.E. side of Class Jansen, S.W. of the cart way in size 16 rods on the S. E. and N. W. side ; 22 rods 19 feet on the N. E. side ; 21 rods on the S. W. side.


Lot No. 6, between Hassemus and Jan de Laeher's Point or Neck, beginning at the little Creek, 140 rods to the Creek of the High Woodland, 100 rods in width=25 morgens.


This property was inherited by his only son Cornelius. By the will of Cornelius 3d, dated June 13, 1733, proved Aug. 15, 1753, his son Cornelius 4th, received all his real estate. From him it passed to his son Cornelius 5th, known as " Faddy." " Faddy" by will dated Sept. 19, 1814, gave to his son John the homestead at Harsi- mus and one half of his lands at Showhank and Slonga. To his grandson Cornelins


41


CLAAS JANSEN VAN PURMERENT.


Beginning South seventy one Degrees and a Half East fifteen Links from the Northeast Corner of Cornelius Van Vost (the present Possessor) his Stable ; and thence running along the Road North seventy one Degrees and a Half West four Chains and twenty nine Links to the Corner of Land in Possession of Michael De Mott (being Jacob Stoffelsen's Patent mark'd on the Map No. 9). Thence South seventeen Degrees and a Half West three Chains and one Link to the Northwest Corner of Hendrick Kuyper's House Lott (being the House Lott in Class Jansen . Van Purmerant's Patent mark'd No. 4) ; Thence South seventy one Degrees and a Half East four Chains and nineteen Links to the Northeast Corner of said Cuyper's House Lot, and from thence North thirty one Degrees and Twenty Minutes East three Chains and four Links, to the Place of Beginning-Together with all the Land lying in the Front of said Lot down to Low Water Mark:


Second a Tract of Upland and Meadow (which on the Map is mark'd No. 6).


Beginning at the Mouth of a small Creek on the Southwest side *7 of Paulus Hook, and runs North twenty seven Degrees and forty Minutes East twenty two chains and thirty Links, Then North Eight Degrees West twelve Chains and ninety five Links to a stake near Hud- son's River, Then South sixteen Degrees and forty Minutes West five Chains and seventy Links to the Corner of the Fence in the Meadow, Then North sixty four Degrees and forty Minutes West Ten Chains and fifty five Links to the middle Causeway leading across the Meadow to Paulus Hook where the s'd Causeway joins the Upland of Horsimus, Then South Eighty Seven Degrees West five Chains and ninety four Links along the Fence, Then North sixty one Degrees West twenty nine Chains along said Fence; Then North sixty four Degrees and twenty Minutes West sixteen Chains to a stake standing on the East side of Hor- simus Creek, that divides Horsimus from Bergen and Communipan (being the first Creek that said Line meets with) which stake stands seventy two links northeast from the upper side of the Causeway or solid Bridge that crosses said Creek ; Thence Southerly down along said Creek as it runs to Hudson's River or the Bay (leaving a small Island of Meadow to the southwestward) Then up said River or Bay Northeast- ward to the Place where it first Began at the Mouth of the little Creek aforesaid.




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