USA > New York > Schenectady County > Schenectady > A history of the Schenectady patent in the Dutch and English times : being contributions toward a history of the lower Mohawk Valley > Part 5
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* In office of Court of Appeals.
32
History of the Schenectady Patent.
Given under our hands and Seals this 28th day of July in the year of our Lord 1705, and in the fourth Year of the Reign of Queen Anna over Eng- land, etc. Jan Rinckhout
(L.S.)
Reyer Schermerhorn (L.S.)
Symen Groot, Juny"
66
Jan Wemp
Willem brouer
66
Claes francen [V. de Bogart ]
thomas Davie
Claes Lawrence [V. D. Volgen]
66
ionatn Stevens
Gerret *
teunis Swart
Hendrick Brouwer
66
luwis Vielè
Jonathan Deyer
Cornelis Vielè
Benjmin Lannyn
Johannis Glen
Dou Ouke
66
Simon Vrooman
Arent Pootman
William Bowin
Phylip Bosie
Andris Bratt
Andries Van Petten
Arent Van Petten
66
Claes Van Petten
John Lench
Jan Mankentyer
66
Phylip Groot
Abrm Swyts
Johannis teller
Symen Groot Jr. 66
Isack Swits
Jan gysberse 66
Jan Luyckassen [Wyngaard]
66
Jacop Cromwell (?)
thomas Nobel
Symon Wemp
Jan Schermerhoorn
66
Pieter Symonse [Veeder]
Ephraim Wimp
66
Cornelis Swits
66
Jan Wemp Jr.
Willem Appel
66
Simon Swits
Gysbert Gerritse [ Van Brakel]
Sealed and Delivered in the Pre- sence of
Jan Brouwer
66
Volkert Symonse [Veeder]
HEND: HANSEN, Justus.
Aaron Bratt 66
JOHANNES ROSEBOOM, Justus.
Tjrek francen [V. d. Bogart]
Gosen Van Oort
Gerret Symonse [Veeder]
* x
Jelles Fonda
Schermerhorn's suit against the new trustees, probably commenced soon after the date of the above power, for the " joint plea and Demurrer of John Sanderse Glen, Adam Vrooman, Daniel Johnson [Daniel Jause Van Antwerp] and John Baptist Van Eps, [trustees], defendants to the bill of complaint of Ryer Schermerhorn, John Wemp, Barent Wemp, John Glen, Gerrit Simonse, John Vrooman and Claas Van Petten," was entered in the court of chancery Nov. 13, 1705.
Barent Wemp
Manisse Sicksberrie
33
Introduction.
Of the several suits at law heretofore or subsequently commenced by the contending parties down to the death in 1795, of the second Ryer Scher- merhorn, grandson of the first, a period of nearly one hundred years, no one was ever determined.
Tired and despairing of relief from litigation, the contestants resorted to negotiation and compromise, and failing of this as they always did, they reverted to the colonial legislature for redress but all in vain. The first serious effort at compromise was probably made in 1708, when a futile attempt was made to induce Schermerhorn to transfer his title to the town- ship to the then trustees elected under the charter of 1705.
An imperfect contract dated 14 Aug., 1708, between Johannes Sanderse Glen, Gysbert Marselis, harmen Van Slyck and Carel Hanse [Toll], trustees for Schenectady, and Hendrick Hanse of Albany, attorney for Ryer Schermerhorn ;- states that said trustees had been " appointed to office in ac- cordance with a charter dated 15th April, 1703 [1705], but that notwith- standing said Ryer Schermerhorn under the Dongan Patent of 1684, continued to act as sole surviving patentee, which had occasioned the trustees to enter a suit in chancery against him, which hath hitherto been depending therein. Now therefore Hendrick Hanse as attorney for Ryer Schermerhorn agrees to convey to said trustees of Schenectady before the 1st day of May next " * [the rest wanting].
Failing in this attempt at compromise, the same trustees on June 3, 1709, " in behalf of themselves and other the trustees and inhabitants of Schen- ectady " presented a petition to the colonial assembly to "bring in a bill confirming unto said inhabitants the Powers, etc., mentioned in Letters Patent granted to said town." On June 4th, said bill was presented, on the 7th it was read a second time, referred to a committee with power to send for persons and papers and never more heard of.t
The next step in this controversy was a power of attorney executed by the opponents of Schermerhorn and his party, to the then trustees elected under the charter of 1705, to demand of Ryer Schermerhorn, Barent Wemp, Johannes Teller, Johannes Wemp and arent Bratt the books, deeds, bonds, etc., belonging to the town. This paper is instructive, as showing who and how numerous were the opponents of Schermerhorn.
* Dutch church papers. + Assembly Journal, I. 251-2.
5
34
History of the Schenectady Patent.
" 9th June, 1713, Much the majority of the freeholders and Inhabitants of Schenectady constitute Carel Hansen Toll, Sweer Marselis, Gerrit Gysbertse Van Brakel, arent Van Petten and Caleb Beck or any three of them our lawful attorney to take possession of the lands of, &c. &c., to demand of Ryer Schermerhorn, Barent Wemp, Johannes Teller, Johannes Wemp and Arent Bratt the books, deeds, bonds, &c., of said town- said attorneys having been chosen on the 1st Tuesday of april last by said town as trustees thereof.
(Signed)
Cornelis Van Slyck
Joseph Clement
Arent Bratt, Jr. Dirk Bratt
Wouter Vrooman
Teunis Van der Volgen
Peter Clement
Johannes Mynderse
Barent Vrooman
Wm. Bown
Nico. D. Van Petten
Henry Hoof*
Daniel Danielse [V. Antwerpen]
Evert Van Eps
Samuel Bratt
Albert Vedder
Julas Voo*
Wm. Brouwer
Hendrick Hagedorn
Marten Van Benthuysen
Victor Pootman
Cornelis Pootman
Robert Jets [Yates]
Teunis Swart
Pieter Vrooman
Benj : Lenine
Jan Luykassen
David Lewis
Jacob Van Olinda
Charles Burn
Richard Hill*
John Bumpstead*
Jere: Thickstone
Andries Van Petten
Isa: Van Valkenburgh
Joh: Sanderse Glen
Harme Philips
Adam Vrooman
Gysbert Marcelis
Hendrick Vrooman
Arent Vedder
Jacob Glen Harme Van Slyck
Jan Danielse [Van Antwerpen]
Arent Danielse [ do
Lawrens Claese [V. d. Volgen]
Symon Danielse [ do
Manus Vedder
Philip Philipse
Jan. Baptiste Van Eps.
Pieter Danielse [V. Antwerpen] Jacobus Peek Johannes Peek
Jesse De Graaf Arnout De Graaf
Marten Van Slyck
Willem Marinus Joh: Marinus Hendrick Philipse
Andries De Graaf
Symon Groot
Abraham De Graaf
Sander Philipse
Isaac De Graaf
Dirk Miller*
Thomas Davee .*
Andrew Mackans*
* Names rarely met with in records relating to Schenectady.
Daniel Toll
Claas Fred: Van Petten
35
Introduction.
May 15, 1716, carel Hanse renounces in favor of Arent Danielse Van Antwerpen.
The strife and contention in respect to the management of the " common lands " of the township, were put to rest for a time by Schermerhorn, in 1714. By lease and release dated respectively Oct. 22d and 23d he con- veyed all his right and title to these lands to Willem Appel, innkeeper, of the city of New York. In this conveyance, after reciting the Dongan Patent of 1684, the fact that all the trustees therein named were deceased save Reyer Schermerhorn, " only survivor whereby all the estate, right and title of, in or to all said lands * not otherwise legally disposed are became solely vested in the said Ryert Schermerhorn in fee simple by right of survivorship, and that said Schermerhorn growing antient is desirous that said *
* lands and premises should be conveyed to others to- gether with himself and their heirs that the intent of the said Letters Patent may be duly observed," said Schermerhorn released and confirmed to Willem Appel and his heirs, all the aforesaid lands in "Special trust and confidence that he the said Willem Appel or his heirs will upon request to him made by the said Ryert Schermerhorn his heirs or assigns shall * * execute such conveyance and assurance in the law for the vesting of all the
. hereinbefore mentioned * lands * and all the right, title and interest thereunto hereby conveyed or mentioned or intended to be conveyed to the said Willem Appel, unto the said Ryert Schermerhorn, Jan Wemp, Johannes Teller, Arent Bratt and Barent Wemp * *
their heirs and assigns forever, to the intent the same may be held and enjoyed according to the true intent and meaning of the said letters Patent by the said Thomas Dongan."
On the 25th and 26th of October, said Appel by lease and release recon- veyed said land to Ryer Schermerhorn and his said four associates for the purposes above mentioned.t
And to confirm the above conveyance, the fourth and last Patent was granted by Governor Hunter on the 14th November, 1714.}
The patents of 1684 and 1714, are substantially the same, the grant of the township in both cases being made to Ryer Schermerhorn and his asso- ciates, their heirs, successors and assigns, " on behalf of the Inhabitants of the Towne of Schenectada." In.neither case was any provision made to fill vacancies caused by death or otherwise ; hence the same difficulties were
* Deeds v. 351.
+ Deeds VI. 281, 282, 286, 288. # Patents, Sec. State's office. Land papers VI. 94, 97.
36
History of the Schenectady Patent.
sure to arise again. As Reyer Schermerhorn managed the common lands from 1700 to 1714 as the sole surviving patentee under the Patent of 1684, so did Arent Bratt from 1749 to 1765, under the Patent of 1714. With the exception however, of a feeble move made in 1715, by the trustees elected under the charter of 1705, to prosecute Schermerhorn and his associates, " for not yielding up all bonds, deeds, writings, books, etc., belonging to said town and especially to prosecute them for cancelling a conveyance that belonged, one-half to said town and the other half to the Dutch Church " * it is believed that the patentees were not disturbed in their management of the common lands for thirty years.
But as early as 1744, Jan Wemp and Arent Bratt then being the only surviving patentees, many of the inhabitants became dissatisfied with their management of the common lands, and proposed that they should render an account thereof to the freeholders, as set forth in the following paper.
"Articles of agreement to be proposed to Mr. Jan Wimp and Arent Bratt as trustees of Schenectady, to set the same before a part of the community for their approbation, the same having been approved of by those, who have been asked, that some persons out of the commonalty may be appointed to negociate with the trustees about the following articles. Be it known there- fore by these presents that we underwritten inhabitants of the Village of Schenectady in the County of Albany have made, constituted and appointed as we do hereby make, constitute and appoint as our attorneys Wouter Vrooman, Nicholaas Groot, Sander Lansin, Abraham Gelen and Isaack trueck, to act for us in our names and for our use to negociate in respect to the following articles with the trustees of the Village of Schenectady, Jan Wemp and Arent Bratt and as they therein agree and concur, whether to lighten some articles which are found to heavy and impracticable, or to establish others, which are found good and needful, we hereby pledge and bind ourselves to abide thereby.
In witness whereof we have hereunder written our names this third of April in the year 1744.
In the first place it is desired that you Mr. Arent Bratt shall give a clear statement of all the lands granted out of the property of the village, which your honor, your married children or other heirs [kindred] now possess, and how and at what price they were at first granted, and that your honor, said children and heirs shall be obligated to give therefor to the church a proper actual quit-rent in wheat or money, and that therefor new and dupli- cate indentures be made, and which indentures to whomesover given, to
* Dutch Church Papers.
37
Introduction.
have the form first given by the trustees and be signed over by you, your heirs and assigns to the church.
In the second place, that under or as under oath a neat and full list be given by you, Jan Wemp and Arent bratt, of all the lands hitherto conveyed away and of the rents set thereupon at first, also you shall give up what money you as trustees have in till.
Thirdly, that all the indentures made prior to 1716 and assigned to the church in 1716 but not yet delivered over, so far as they be in your power and hands be immediately and truly delivered up.
Fourthly, that you shall bind yourselves, your heirs and assigns, to make over to the church all indentures made subsequent to 1716 until now and in the future to be made and all the rents imposed or to be imposed thereon.
Fifth, our desire is that all single indentures be changed to double ones.
Sixth, that you Jan Wemp and Arent Brat shall bind yourselves, your heirs and assigns always to act and deliver in the future with the ruling Consistory in respect to the conveyance of lands, so that the greatest profit be made, that they be made known by advertisement on the church door and offered to the highest bidder or others, that you may be wholly relieved of all further trouble and disquietude in future, and that you make the church wholly and altogether your assigns and sign over as trustees to the corporation [church] all your right,-but if this last clause of the article does not please you, then that the first part stand, and that you will please to bind yourselves, your heirs and assigns, in future to appoint a proper bookkeeper by whom the books shall be kept of all lands conveyed and to be conveyed, the bounds, lines, courses, length of lines of the same, con- tents in morgens or acres so that in time a map may be made thereof, like- wise of the quit-rents standing thereon and its commencement, that it always may appear ; also a careful account of what cash you now have and what in future from time to time shall be received and Disbursed by you, whereof you, your heirs and assigns shall make and give a yearly statement to the ruling consistory ;- also shall all outstanding debts be collected in, if need be,-money or lands, that a careful statement thereof be given ; like- wise if we come to an agreement shall the writings thereof to be made be recorded so that they shall always stand.
Cornelis Veder Albert Vedder Cornelis Viele
Takereus Van den bogart
Willem haal
Johannis Vrooman
Danel tol
Johannis knoet
Captyn helmes Veder Simon tol
Corneles brouwer Vredryck Vn Petten
Abram groot hendericus brouwer
Adam Condese
Abram D Graaf
benimen Van Vleeck
Gerrit V: Antwerpen klaas de graaf
Isaac Quackenbos
38
History of the Schenectady Patent.
Yacobus Peeck
Jno. B. V. Eps Jun"
Ephraem Brat
Albert A. Vedder
Joseph R. Yatts Jr
Jeroon Barhuyt
Elias Post
Johannis Vedder
Sander Van Eps
Tobyus Ryckman, Junyer
Takel Maerselis
Johannis haal
harmen Vedder
Jan babtist Van Eps
Jacobus Van Vorst
Andries Mynderse
Dirck Groot
Adam Emmig [Empie]
Andris Van Petten
Gerrit Symonse Veder
pieter Brouwer
Jacobus Van Eps"
Of the five patentees named in the deed and Patent of 1714, only two remained at the date of the above proposal, to wit, Arent Bratt and Jan Wemp.
Reyer Schermerhorn died Feb. 19, 1719 ; Barent Wemp son of Myndert Wemp, one of the patentees named in the Dongan Patent of 1684, probably died next. Johannes Teller, son of Willem Teller, also one of the Dongan patentees, died May 28, 1725, and Jan Wemp, grandson of Myndert and son-in-law of Reyer Schermerhorn, died Oct. 14, 1749, leaving Arent Bratt sole surviving patentee. He was nephew of Schermerhorn's wife and lived until April, 1765.
What answer Bratt and Wemp made to this proposition of the freeholders, is not known, though it was probably substantially complied with, save the entire transfer of the common lands to the church. In 1750 complaints were made however, both by citizens and the church, of Bratt's acting alone as patentee and giving no account of his trusteeship, to which he answered April 6, 1750, that "the church had had the income of all lands leased down to 1744, and he was willing to convey and guarantee to said church, and that he was likewise willing yearly to give an account of his stewardship to the freeholders of the town if they would appoint a place and persons to make such investigations."*
Hitherto a portion of the freeholders had chiefly complained of one man's acting alone as trustee, first in the case of Ryer Schermerhorn from 1700 to 1914, and now again in the case of Arent Bratt after 1749. In 1750, how- ever, began a new contest and upon entirely new grounds.
* Dutch church papers.
·
39
Introduction.
Jan, son and heir of Reyer Schermerhorn, " set up the pretense that all those who were inhabitants and freeholders of Schenectady at the date of Dongan's Patent were equally entitled to all the common lands included therein as tenants in common fee." This claim, of course led to questions of law, and a judicial interpretation of the Dongan and Hunter's Patents. As the English law of primogeniture was in force in the colony, if Schermer- horn's claim could be substantiated, those only who descended from the first settlers in the line of the eldest son, would be eligible to receive shares of these common lands, which at this time amounted probably to 50,000 to 60,000 acres. It was claimed that only twenty-seven persons at most, were then living who were legal heirs of the first free holders, and entitled to take the common lands. Jan Schermerhorn died in 1752, before he had fairly warmed up to the contest and before any legal proceedings were had in the matter.
His eldest son and heir, Reyer, inherited both his estate, his claim and all the energy of character, business tact and stubborn perseverance of his forefathers.
From the year 1754 to the year of his death in 1795, more than forty years, he applied all his energies in courts, before legislatures and governors, to obtain a favorable decision of this question and finally died without any determination whatever, bequeathing the continuance and maintenance of the suit to his children, upon the penalty of disinheritance.
All further litigation however was buried in his grave upon the Schuy- lenberg.
In 1755 Reyer Schermerhorn the second, commenced his suit in chancery against Arent Bratt, patentee, and others, for his share in the common lands in right of his grandfather Reyer. His attorney and councilor was William Smith of New York, a prominent lawyer of the province, with whom was associated subsequently his son Thomas Smith.
On the 21st of July 1758, the joint and several answers of Bratt and his associates to Schermerhorn's complaint, were filed in the office of the court of chancery.
The suit made but little progress however, up to the time of Bratt's death which occurred in April, 1765.
With his decease passed away the last of the five patentees named in the Patent of 1714, after a long service of fifty-one years. To provide for his
40
History of the Schenectady Patent.
successors in the management of the common lands, he made and executed a will on the 11th of March, preceding his death, in which he named twenty- three persons to whom he made over these lands, "in trust to and for the only use benefit and behoof of themselves and the other freeholders and inhabitance of the said township of Schenectady their heirs and assigns for- ever, also I give, devise and bequeath unto the said Harmanus Brat, Jacobus Van Slyck, John Sanders, Nicholas Van Petten, Isaac Vrooman, Jacob Swits, Isaac Swits, Jacob Vrooman, Frederick Van Petten, Nicholas Groot, Reyer Wemple, Tobyas Ten Eyck, Samuel A. Brat, Nicolas Van Der Volge, Abraham Wimple, Abraham Mabie, Jacobus Mynderse, John Babtist Van Eps, Gerrit A. Lansing, Harme Van Slyck, Peter Mabie, Isaac S. Swits and Abraham Fonda, the patent of the above recited tract of land, or of the said township of Schenectady and all other papers writings, books and proceedings relating to the same, and all bills, bounds [bond] notes and all sums of money due or which shall became due forever hereafter for rents on lands conveyed by me or any other patentees in trust for said township; and also all my right, title interest, claim and demand which I have as survi- ving patentee in trust for the said township, and it is my will and express order that the said Harmanus Brat, Jacobus Van Slyck * * and Abra- ham Fonda or the survivor or survivors of them pay or cause to be paid out of the towns money now due to me or which shall hereafter be due by rents of land which I have herein above given to them, or by sale of any part of the above recited tract of land all cost and charges which may arise in and by defending the cause which has been and still is depending in the court of Chancery * at the suit or complaint of Reyer Schermerhorn against me and several others."*
Soon after Bratt's death Schermerhorn presented the following petition to the Lieut. Governor.
" To his excellency Cadwallader Colden Esq. His Majesty's Lieutenant Governor of the Province of New York, &ca &ca &ca.
The Petition of the Subscribers Humbly Sheweth.
That your Excellency's Petitioners are more than one half Proper Owners and Propriters in a Patent Granted by Thomas Duncan [Dongan] Esq" -
Dated the first Day of November one thousand six hundred and Eighty- four, and Whereas Ryer Schermerhorn Esq. one of the Petitioners has Commenced a suit againts Mr. Arent Bratt and others Since the year one Thousand Seven Hundred and Fifty five and is Still Depending in Chancery to the Great Hurt and Determent of the Petitioners, we now therefore beg your Honour Sincerly to take this into your Serious Consideration and Pray
* Will recorded in Surrogate's office of Albany County, Jan. 20, 1795.
41
Introduction.
that a Division of the said Patent may be made that Each of us may have his Just and Equal Chare and your Excellency's Petitioners will Ever Pray.
his
his
Abraham X Truex mark his
ABram A S Schermerhorn mark his Peter P K Kelement mark
Myndert X Van Guysling mark his Teunis X Potman mark
Arent Veeder
his Peter P M Mabie
Teunis Van Vleck
his
Helmus X Veader
mark John Babtist van eps, juner his Harma H Vedder mark
Freeman Schermerhorn
Saymon Schermerhorn
his John | T Teller
John: S: Vroman
mark
William Teller
Jacobus V Eps
John Cuyler Jur
John Sconmker
Jacobus Teller
Jacob Schermerhorn
Peter Van Benthusen
Cornelius Browir "
This petition producing no effect, in 1767 more than half of all the pro- prietors joined him in carrying on a new suit in chancery against the twenty- three new trustees mentioned in Arent Bratt's will ; and four years after, to wit, in 1771, it being still pending, Schermerhorn and his party first gave notice of their intention to apply to the legislature for relief, of which the following paper is a copy .-
"Feb. 5, 1771.
" The following notification of the intention of the Parties therein named to apply to the Legislature of this Province for leave to Bring in a Bill for the purposes therein mentioned and the affidavit presented therewith and now Sworn to before his Excellency in Council being read, were ordered to be Entered in the Minutes.
" Publick Notice is hereby given to all whom it may concern that the Subscribers being Freeholders and Inhabitants in and having Rights respectively to Shares in the Common Lands of the Township of Schenec- tady do intend to apply to the Legislature of the Colony of New York for a Bill.
" First to authorize Commissioners to hear and determine in a Summary way without process of Law whether the said Common Lands shall be divided or not.
6
Henry Glen Jno Glen Jun'
mark
42
History of the Schenectady Patent.
Secondly, In case such Partition shall by such Commissioners be deter- mined to be made, then to Authorize and empower them to make, execute and complete the same among such Persons, in such manner and with such Powers, appointments, directions, provisoes, Savings, exceptions restrictions and Limitations, as shall be directed, appointed and enacted by the Legis- lature of this Colony in and by the said Act.
Thirdly, That in case the said Partition shall take effect all Rents and Service, that have been reserved by any Grant or Grants made by the former Trustees of the said Township, or either of them to any person or persons for any of the said Common Lands shall thenceforth and forever thereafter cease and be extinguished.
John B. V. Epps Jr.
Harmin Vadder
Freman Schermerhorn
Henry Glen
John S. Vrooman
John Taller
Daniel De Graft
Jacobus Van Epps
William Taller
John Shomaker
Jacobus Taller
Abraham Truax
Jacob Schermerhorn
Mindert Van Gysling
Reyer Shermerhorn
Tunis Putman
John Glen
P. V. B. Benthuysen
John Schermerhorn
in behalf of themselves and
Abraham Schermerhorn
Tunis Van Vleck
Peter Calment [Clement]
Clous DeGraft
Arent Vadder
Philip Van Patten
Peter Mabee."
Hendrick Brouwer Jr
John Cuyler Jr
Balmus [Helmus] Vadder [Veeder]
"John Littel of the Township of Schenectady in the County of Albany of full age being duly Sworn on the Holy Evangelists of Almighty God, de- poseth and saith that he the Deponent assisted by the within named Ryer Schermerhorn did affix notices in Writing, exactly corresponding with each other and of which the aforegoing is a true copy, at all the Several Churches and Public Places of Worship in the said Township on three Sundays suc- cessively that is to say on Sunday the twentieth day of the month of January last, and on the two next succeeding Sundays; - that the said notices were so fixed upon the said three Sundays in the following manner, that is to say, one on the Door of the only place of Entrance of the Episcopal Church ; - one other of the said Notices on the Door of the only place of entrance of the English Presbyterian Place of Worship ; and one other of the said Notices on the Door of the Main Entrance into the Dutch Church, each of which Doors opened inwards ;- That the new Presbyterian Church being as yet unfinished and therefore not as yet used for Divine Service, and having no Door, the said Notice therein affixed was placed against the Wall within the said Church ;- that the said Notices so affixed for three
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