USA > New York > Ulster County > New Paltz > History of New Paltz, New York and its old families (from 1678 to 1820) : including the Huguenot pioneers and others who settled in New Paltz previous to the revolution, 2nd ed > Part 40
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Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51
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on the Great Hill was drawn by Abraham Deyo, one of the elected men, and fell to the Patentee's share of piter Deyo deceased or those who may legally represent him, as by the last will and testament or deed of conveyance may appear."
Each of the lots extended from the divided land to the top of the mountain. The width of the lots is not stated in any case. The phraseology in the notice of the lots is about the same all through. Lot No. 3 was drawn by Josiah Elting " and fell to the Patentees' share of Louis DuBois and Abra- ham DuBois, deceased, or either of them."
Lot No. 5 was drawn by Solomon Hasbrouck for the Paten- tee's share of Abraham Hasbrouck. Lot No. 6 was drawn by Jacob Hasbrouck for the Patentee's share of Jean Has- brouck. Lot No. 7 was drawn by Jean LeFevre for the Paten- tee's share of Andries LeFevre and Simon LeFevre. Lot No. 8, beginning at the west of the old divided land as aforesaid, being from a stone set in the ground, numbered 8 and one other stone, likewise No. 8 and being in breadth, northerly, to the Lot No. 9 and extending as said stones ranges to the extent of the Patent on the Great Hill was drawn by Daniel DuBois for the Patentee's share of Isaac DuBois. No. 9 was drawn by Jean Terpening for the Patentee's share of Hugo Freer. Lot No. 10 was drawn by Isaac LeFevre for the Patentee's share of Simon LeFevre or Andries LeFevre. Lot No. II was drawn by Jean Ean for the Patentee's share of Anthony Crispell. Lot No. 12, being " in breadth northerly to the land of Daniel DuBois at the Humpon [Humpo] and running up the creek of the Hompon, was drawn by Samuel Bevier for the Patentee's share of Louis Bevier.
Then going on north the Twelve Men again make out twelve more lots, beginning " by the founteintje [spring] called new Bouri " at a stone set in the ground on the west side of the
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HISTORY OF NEW PALTZ
King's highway. Lot No. 5 extended to the Little Bontekou of Samuel Bevier. Lot No. 6 began at the north east bound of the Little Bontekoe. Lot 8 was marked "by a stone set in the ground on the east side of the King's road by the creek and also one stone set in the ground near the mountain, both stones being marked with the number 8." Lot No. 12 extended as far as the Beaver kill "then down along the Beaver kill to the Wallkill."
In 1745 the Duzine proceeded to settle the partitions and divisions of all the lots on the west side of Hudson's River, beginning at Juffrou's Hook and extending to the Little Esopus Island, the whole territory being divided into twenty- four lots by the Twelve Men.
Lot No. I began "by a certain gully, on the bank of the River, where a small run of water empties itself into the River and a tree marked with the letters P L [Paltz Limits] and several other marks, which tree stands on the north side of said gully. The house of Deni [Relyea] stands on the south side of said gully, which said house by said gully is deemed and esteemed to be Juffrau's Hook as aforesaid, and we take it to be so likewise; from thence running north- westerly into the woods to a stone marked No. I and further into the woods to another stone, also [marked] No. I and being in breadth, northerly along Hudson's River to the Lot No. 2 and extending northwesterly from Hudson's River to the stones set for said lot, ranges three miles into the woods : which said Lot No. I being drawn by Samuel Bevier, one of the elected Twelve Men for the Patentee's share of Louis Bevier."
Twelve lots, extending northward, along the River, are divided in this manner. Each lot extended three miles into
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the woods. The breadth of the lots is not given. Having divided the twelve lots the Duzine proceeded northward with the drawing of twelve more lots called the "Northern Lots." No mention is made of any survey or any surveyor. Two stones were set in the ground in each case.
Further proceedings of the Duzine are found in their book as follows :
In 1749 appears a memorandum stating that a mistake had been made in the apportionment for Granpere's lot on the southwest bounds of the Patent and that therefore something should be added to this lot on the east side of the Paltz creek on the north side of Granpere's "Patture a coshon." This memorandum is signed by the Duzine for that year.
In 1763 the previous land divisions are rehearsed and the previous division by parole alluded to and a further division made of twenty-four lots on the east side of the Wallkill, east of the lands previously allotted. This time the division is made by a surveyor's description for the first time. Louis Bevier was the surveyor employed.
All of the divided lots extended about a mile east to what is now the Put Corners road or its extension north.
Lot No. I commenced on the south bounds of the patent, at the bowery of Louis Bevier, at a stone set in the ground on the east side of a run of water which comes from Nathaniel LeFevre. This lot was drawn by John Hasbrouck. It is the Daniel Rose farm of our day.
Lot No. 2 began on the north side of the bridge which goes to Louis Bevier's bowery and running along a little creek to the great kill, then along the great kill to the "Grote wy, so called in Dutch" of Samuel Bevier. This was drawn by Nathaniel LeFevre.
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In the description of lot No. 3 mention is made of Josias Elting's " schapen wy" [sheep pasture] and "grote wy" [big pasture].
In the description of lot No. 4 mention is made of Josias Elting's "schapen wy " and of a lane which goes into the woods; also of Abm. Deyo's orchard and of Petronalla Le- Fevre's hog pasture. This lot was drawn by Abm. Deyo and is, we think, the farm north of the turnpike, which came down from one Abm. Deyo to another to modern times. The lane mentioned as running into the woods is, we think, the turnpike of our day.
In the description of lot No. 5 mention is made of different hog pastures.
The description of lot No. 6 speaks of the pasture of the heirs of Daniel Hasbrouck and of the old dam [now the dam of Perry Deyo's ice pond].
In lot No. 7 mention is again made of hog pastures and of the addition here made to Granpere's lot on account of Granpere's lot on the other side of the Wallkill in the former division.
In the description of lots No. 8, 9 and 10 allusion is again made to hog pastures which lay along the western bounds of these lots. No. 8 was drawn by Hugo Freer, Jr., No. 9 by Simon DuBois and No. 10 by Josias Elting. Mention is here made of a lane, which must be the Shivertown road of the present day.
Lot No. II was drawn by Elias Ean, senior, for the Paten- tee's share of Anthony Crispell and is without doubt the farm which descended in the next generation to Elias Ean, Jun., and then to his son James Ean.
Lot No. 12 commenced at the bowery of Solomon Has- brouck, which lay to the west. This was drawn by Johannes LeFevre for Granpere.
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The division into twelve lots comprising the south division of the first tier was now concluded, the land being divided as far north as the present Middletown school house. Here a lane was located and twelve more lots laid out. The ground to the east was so rough and hilly that the lane was moved farther north.
Lot No. I of the second division commenced at the present Middletown school house. It extended along the lane, with the bowery of Solomon Hasbrouck to the west.
Lot No. 2, which was the only one lying on the west side of the present highway, is described as follows: "From the Great Hill and along the same as it runs northerly to the bowery of John Ean, deceased, to a mark on a rock, being marked for the said bowery; being sixty links from the southwest corner of the house of said Ean, then south forty- two degrees, east six chains and twenty-five links to a stone by the edge of the kill, by or near the Bontekous kill, then up said kill as it runs, easterly, including all the turnings and windings of the same to a stone standing on the end of lot No. 4, one chain and thirty-four links from the house ' made by Christopher Deyo." [This must be what is now the Edmund Rosa house.]
Lot No. 3 commenced on the north bounds of lot No. I, on top of the Middletown hill. Here by the east side of the present road was still to be seen in modern times a stone set in the ground and marked with a figure 3.
Lot No. 5 was drawn by Jacob Hasbrouck, for the Paten- tee's share of Jean Hasbrouck. This lot is still owned in the family and is in woods except the western part, which is the Charles A. Johnston place.
Lot No. 6 was drawn by Petrus LeFevre and is now the property of Simon LeFevre.
.
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HISTORY OF NEW PALTZ
In the description of lot No. 7, now the Dr. Green farm, it is simply said on the west that it runs along the old divided land. This lot was drawn by John Hasbrouck for the Paten- tee's share of Abraham Hasbrouck.
Lot 9 ran along the old divided land till it came to a little creek and land formerly of Christian Deyo, deceased; then through a little strip of undivided land. This was drawn by Hugo Freer, Jr., for the Patentee's share of Hugo Freer.
Lot 10 ran along old divided land to the land of Jacob Freer.
Lot II ran to the lane. [Is this the lane just south of the Bontecoe school house ?]
Lot 12 ran along the old divided land of Hugo Freer to a stone set by the Great Creek, then along said creek to the line called Graham's line. [That is the line marking the north bounds of the Patent, run by Aug. Graham in 1709.] Then to the rock which lies at Patture's Killtje.
THE LAST DIVISIONS OF LAND IN THE PATENT
The last divisions of land in the Patent were made in 1762 and in 1772.
The division made in 1762 comprised the territory extend- ing eastward from what is now known as the Put Corners road.
In the record of this division mention is made of the line run by Graham from the Esopus Island (now Pell's Island) to the rock at Patture's Killtje. The lots divided in 1762 ex- tend east to the lots laid out in 1743 along the River, which extend three miles back from the Hudson into the woods. In this division in 1762 mention is made of 12 lots from the Fly to the mountain over the Swartz Kill. Mention is also made
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of " one other parcel of land which is laid out for a place to build a church on and is added to said lot to be drawn with the same, lying on the east side of the little run that runneth out of Abraham Deyo's pasture." We can not from the de- scription locate the spot reserved for the building of a church, but think it must have been about where Plutarch now is.
Ten years afterwards on the 28th day of November, 1772, the twelve men made the final division of lands in the Patent. The territory to be divided was cut up into 24 lots, one half of the number lying easterly of the second tier on the east side of the Big Meadow; also 12 lots lying along Graham's line at the Barrens, and bounded southerly by Graham's line, easterly by the River lots, northerly by lot No. 17 the lots over the Fly ; westerly by No. 12 of the small lots along Graham's line over the Fly.
We are not familiar with the locality, but it must be some- where in the central western part of the present town of Lloyd.
It is said that the tract usually called Pang Yang, lying about three miles north west of the present village of Lloyd, was never divided, probably on account of the poverty of the. soil. This afforded the unique people called Pang Yangers opportunity to locate there. It is stated that they came from Dutchess county, probably about 1800. They were noted for their extreme poverty and general shiftlessness. At one time there were about 20 voters in Pang Yang. Gradually they moved to other places.
THE LAWSUITS OF THE DUZINE.
One of the two books of the Duzine is taken up almost altogether with an account of the law suits carried on in re- gard to the boundaries of the Patent. This litigation lasted
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HISTORY OF NEW PALTZ
over half a century. It related mainly to the south bounds of the Patent and the location of Juffrou's Hook, which was mentioned in Gov. Andros' grant as the south east corner of the Patent.
In the grant of the patent the four corners are set down as Moggonck, Juffrous Hook. Raphoos and Tawaratague.
The tract was irregular in shape. It had a frontage of about twelve miles on the river and six miles on the mountains. Its north line was about eight miles long and its south line twelve miles in length.
The table rock at Paltz Point was reckoned in surveys as the starting point or Moggonck; the southernmost point of Pell's Island in the Hudson is Raphoos; the white, marked rock in the mountain, just west of Rosendale Plains is Tawartague. These points were never disputed; but the de- cision as to what spot on the River was Juffrous Hook was not arrived at until it had been 44 years in dispute and the final decision was a great disappointment to the New Paltz people. This was without doubt the most important legal con- test ever carried on in New Paltz and able lawyers were em- ployed. Blue Point, as it is now called, was finally determined in 1794 to be Juffrous Hook. The New Paltz people had claimed that Juffrous Hook was a spot half a mile further down the Hudson, about 11/2 miles north of Milton.
Aug. Graham, surveyor-general, who made a survey and draft of the entire Patent in 1709, had designated this point as Juffrous Hook and marked a line of trees all the way thence to Moggonck. Cadwalader Colden had run the south line of the Patent in 1729 and his survey agreed with that of Graham. Fifteen years after this we have an intimation that trouble concerning the boundaries must be prepared for in the famous compact of 1744, in which the owners of the Patent, 34 in all,
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bind themselves for fifteen years to pay all assessments made by the Duzine in defending the title of any owner. The next year the Duzine divided all the land along the Hudson, ex- tending three miles back into the woods.
They commenced at the southeast corner of the Patent. The record in their book in the safe in our town clerk's office says that Lot No. I began "by a certain gully on the bank of the river, where a small run of water empties itself into the river and a tree marked with the letters P. L. [Paltz Limits] and several other marks, which tree stands on the north side of said gully. The house of Deni [Relyea] stands on the south side of said gully, which house, by said gully, is deemed and esteemed to be Juffrous Hook and we take it to be so likewise." In 1750 the litigation seems to have begun as is shown by several affidavits of that date still preserved in the town clerk's office. In 1752 the legal hostilities actually commenced. The same year another survey of the entire Patent was made. Charles Clinton was employed to do the work. He was paid fio and his chainbearer ten shillings. Clinton's map, still preserved in the town clerk's office, is on parchment. It does not disturb Juffrous Hook and makes the total area of the Patent 39,873 acres. A beech tree on the river is set down as the starting point.
The following affidavits, made in 1750, give a presentation of the other side of the case and give also valuable historical information.
AFFIDAVIT OF PETER WINNE, NOW IN TOWN CLERK'S SAFE."
Examination of Peter Winne of the city of Albany, mariner, pursuant to an order of governor in council of this day, taken upon oath before me, Simon Johnson, recorder, and one of his . Majesty's justices of the peace for the city and county of 3
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HISTORY OF NEW PALTZ
New York; this deponent saith that he hath no interest in ye patent called ye New Paltz, that he knows the point commonly called Juffrous Hook, that it lies in ye long reach between the Dance Chamber and Crom Elbow, that the said Point, so long as he can remember, which is upwards of 40 years, is ye point of land or high, rocky hill putting into ye river, that ye same point lyes northward of a valley where Mr. Dennis [Relyea] lived and, according to his judgment, is between half a mile and a mile distance from said settlement, that he knows not nor has heard of any other place between the set- tlement and point aforesaid called Juffrous Hook, that he does not know where the south bounds of the Paltz extends or terminates, that if he had seen a sloop lying southward or northward of the said point and any one had asked him where that sloop lay he would have answered below the point if she lay southward of the point; but if northward he would say above ye point of Juffrous Hook, and if abreast of ye point he would say opposite Juffrous Hook.
Cross examined by Mr. Abraham Hasbrouck; saith that he does not know nor hath not heard of a place to the southward of the point called Maagratramis, that if he in a sloop should lie south or north of the point of said Juffrous Hook and should be asked by any one where he had been at anchor he would say in a general way, at Juffrous Hook; but if asked, just at ye hook w'd say southward or northward. Even should he be half a mile or a whole mile on the one side or the other he would say that he had been at Juffrous Hook; but if asked particularly would answer as above said, that he don't know where the north bound of the land late of John Barberie is.
PETER WINNE.
Acknowledged and sworn to this 9th of August, 1750.
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EXAMINATION OF ABM. DOW.
Abraham Dow of full age of the city of Albany, mariner, being examined in manner aforesaid, saith the same in sub- stance as Peter Winne, only differing as followeth; that for 20 years he hath sailed the Hudsons river as skipper between New York and Albany, that should he in a sloop lye exceeding half mile distance south or north of ye point of Juffrous Hook and any one should ask him where he had lain he would say, above the hook or below the hook, but if within less than half a mile he would say, he lay at Juffrous Hook.
Cross examined by Mr. Hasbrouck :
If his sloop should lie opposite the settlement of Denie he would say, at Denie's or Juffrous Hook; if he were to show any one where Juffrous Hook was he would show the point extending furthest into the River.
ABRAHAM DOw.
Acknowledged and sworn to.
EXAMINATION OF JOS. TOMPKINS.
Joseph Tompkins of Ulster county, of full age, being ex- amined, pursuant to an order of governor in council says that he hath no interest in the Paltz Patent, that he knows the point or hook called Juffrous Hook and hath known the same about 30 years, that there is a rocky part of ye point, putting out into Hudson's River, which rocky point he understands to be Juffrous Hook; that he knows of no other place called Juffrous Hook between the Crom Elbow and the Dance Cham- ber; that he was present and saw two old Indians and one young one show to Henry Vanderburgh, Col. Moore and some others a red cedar tree with ye top cut off and said that tree was ye Paltz bounds and that the Paltz land lay all to
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HISTORY OF NEW PALTZ
ye north side of said cedar tree; that said cedar tree stood about three or four rods from ye river and on ye point that extended furthest into ye river; that so long as this deponent has known the hook aforesaid, being about 30 years he hath known a beech tree standing near Hudson's river about north- easterly from the house of old Dennie, just on ye north side of a gully there, ranging between the house and said tree; that the deponent saw the Paltz people sett out to run their line from that tree and that the owners of the Paltz land had, all the time he knew that country, claimed to that tree as their south bounds; that he never heard the place called Juffrous Hook, where the said beech tree stood; that he has not heard any part of ye bluff called Juffrous Hook, but the Point (ex- cept by ye Paltz people) and they said the Hook extended to the beech tree; that he believes the distance from the beech tree to Juffrous Hook may be about 50 chains.
Cross examined and being asked if he did not understand and believe when the cedar tree was shown to Mr. Vander- bergh and Col. Moore, as aforesaid, did he not understand that Col. Moore was executor of one of the Barberies and acted in behalf of children of Mr. Barberie, answered that he under- stood it so, for he heard Col. Moore say he must look after the estate and further saith that Mr. Vanderbergh, by order of Col. Moore, began at ye aforesaid cedar tree and run a line from thence to ye New Paltz line, but how far he run the line he can not remember; that when he first settled there on the Barberie land he saw a line of old marked trees extending from ye aforesaid beech tree ye whole length of Mr. Barberie's land, but whether further or not he don't know; that he heard and understood that old Mr. Dennie had liberty of ye Paltz people to clear land and till ye same on ye north side of the said line and that he did clear some land there by the said liberty
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and that the said line was esteemed, as he had heard, the south bounds of the Paltz patent and further this deponent saith not.
JOSEPH TOMPKINS.
Sworn this ninth of August, Anno Dom, 1750, before me S. Johnson.
AFFIDAVIT OF WILLIAM BEEKMAN.
Wm. Beekman of the city of New York, about 64 years of age, being examined and sworn pursuant to an order of gov- ernor in council of this day saith: That he hath no interest in ye Paltz Patent, that he knows the point commonly called Juffrous Hook, that it is a high bluff, extended into Hudsons river on west side; that about 48 years ago he was with his father on his sloop, that some of the Patentees of the Paltz were also on board on their passage, that the said Patentees showed this deponent's father and himself a red cedar tree standing on ye pitch of ye point called Juffrous Hook just by the water; said cedar tree the said Patentees said was the south bound of their patent-that the patent began there; the stump of which tree this deponent hath seen about eight years last past as he thinks, that he never heard of any other place called or pretended for the south bounds of the Paltz patent but the point of said Hook which extends furthest into said river ; that on or near 40 years past he was in ye house of old Dennie, [Relyea] or about the beginning of his settle [settle- ment] that ye house as well as he remembers stood about half a mile or more distance from the point of Juffrous Hook and on the south side of said point, that the said Juffrous Hook and cedar tree, showed to him as aforesaid, lies be- tween the Dance Chamber and Crom Elbow.
€
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HISTORY OF NEW PALTZ
Cross examined by Mr. Hasbrouck the deponent saith that he never heard of any place at or near Juffrous Hook called Magatramis, that if he in a boat lay half a mile south or north of ye point of Juffrous Hook and should be asked where he had lain he would answer in like manner as Peter Winne in his examination hath answered ye like question; that Abraham Hasbrouck and Lewis Davo [?] and Abraham DuBois were the persons who showed him the cedar tree and Juffrous Hook as aforesaid, whom he understood were Patentees. Further, deponent saith not.
WM. BEEKMAN.
Sworn the 9th of August, 1750, before S. Johnson.
After 1750, the date when the above affidavits were made, there is an interval of 44 years, during which there are among the papers of the Duzine no accounts of the litigation except the names of the lawyers employed, the record of large sums of money raised to defend the Patent and the names of per- sons against whom ejectment suits were carried on. There were evidently lawsuits in regard to other boundary lines like- wise, though these were of much less importance.
The first entry in the book of the Duzine in regard to these lawsuits is in 1752 when Johannes Hardenbergh is paid for the attorney £3 and Jonas Freer is allowed 8 shillings for payment to the sheriff for arresting a man ; Jacob Hasbrouck and Josias Elting are paid for furnishing meat, drink, lodging and rum for surveyor and chainbearer when the New Paltz line was run and Josias Elting is allowed 6 shillings for " carrying a letter over the River to go to New York to the attorney."
In the same year, 1752, appears the names of the first at- torneys employed, Abm. Lodge and .Wm. Alsop, who received £5 each. Another entry shows that the Duzine paid the claim
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of several gentlemen " for expenses they paid to treat Alsop and Mr. Lodge when they met at New York about a sute."
In 1754 the sum of £4 is subscribed and it is ordered that Josias Elting and Matthew Allen go to Kingston to deliver the money and letter to the skipper, to deliver the same to the at- torneys in New York and the major part of the twelve men shall stand jointly with them to defend them if they become security for an order of ejectment begun against Isaac Tomp- kins in the possession of the New Paltz. Next follows an order to pay Wm. Smith £5 to carry on the ejectment suit against Isaac Tompkins.
In 1760 Louis Bevier is paid his bill for surveying part of the land in the Patents.
In 1773 an appropriation is voted of £30 as a retaining fee to defend the boundaries of the Patent and Capt. Noah Elting is allowed 8 shillings for going to confer with Mr. Clinton in behalf of the Twelve Men.
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