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 44
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The joint will of Louis DuBois and his wife Catharine Blanshan is found among the secretary's papers and is dated Oct. 13, 1670. It provides first that the minor children shall be educated until they can earn a living. If either of the testators, surviving the other, shall marry again, one-half the estate shall then go to the children, and in case of death one-fourth of the remaining half shall be divided among the children.
The will of Christian DuJou of Hurley (Christian Deyo, afterwards the New Paltz Patentee), is dated Aug. 10, 1676, shortly after his arrival in America and before his removal to New Paltz. It is in the Dutch language and is found in Liber B., Secretary's papers. The testator mentions the fact that his children Anna, Peter and Elizabeth are married, while Maria and Margaret are unmarried. He directs that the un- married shall have the same as the married have had, that is,
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100 rix dollars; Maria is to have 50 rix dollars worth of clothing; Margaret, being the youngest, is "to receive during her minority 70 rix dollars." The will provides " for Peter's. wedding suit 15 rix dollars." The residue of the property is. to be divided equally among the children. The will is wit- nessed by Hugo Freer and Louis DuBois. Ten years after- ward in 1686-7 Christian Deyo made another will, which is- recorded in the county clerk's office at Kingston.
The will of Catharine Cottin wife of Jean Cottin, whose first husband was Louis DuBois, is in French and dated Sept. 22, 1702. It provides among other things that the freedom heretofore bestowed upon her negro woman Rachel shall remain in force and she shall be given thirty pieces of eight before the textatrix' children divide her property ; also that the letters of manumission given to her negro woman Dina shall remain in force.
The will of Roelofsen [Jan] Elting is dated in 1679 and states that the testator is about ready to depart for Holland and makes this will, considering the perils of the deep and the certainty of death. [Jan Elting, ancestor of the Elting family in' Ulster county, was at Flatbush, Long Island, before coming to Kingston and bought a farm and building lot there in 1663. The record also shows that he was paid twenty-five guilders for work on the church at Flatbush.]
The will of Abraham Deyo (I) son of Pierre the Patentee is on record in the county clerk's office at Kingston. It is in the French language and dated Sept. 2, 1724. It provides that his wife Elsie [Clearwater] shall remain in full possession of his whole estate without rendering any account, but if she shall marry again she shall give a full account to her son Abraham for the land, house, negroes and all the property at New Paľtz. Full power is given to the wife Elsie, to sell
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or dispose of all that may be in France at such a price as she may wish. The testator gives to his son Abraham, after his mother's death, all his land in the patent of New Paltz and his negroes. He gives his books to his son Abraham except that he gives to his daughter Maria his Dutch bible, a French testament, a book of sermons, and a psalm book, and to his daughter Wyntje the old French bible, a French testament, the Practice of Piety and a Dutch prayer book. The sum of thirty pistoles, New York money, is given to each of his daugh- ters for their inheritance. If his children shall die without Deirs the property shall go to the testator's brothers, Christian and Henry Deyo. Jacob Hasbrouck, Daniel Hasbrouck and Elsie the wife of the testator, are appointed executors.
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CHAPTER VII
THE LEGISLATIVE ACT OF 1785
This paper, now in the town clerk's office, has the great seal of the state attached, is signed by John Jay as Governor and is entitled "An Act to Confirm the Several Partitions of Lands within the Patent of New Paltz, in the County of Ulster."
This act is drawn up at great length and first recites the original grant of the Patent from Governor Edmond Andross in 1677, then quotes entire the Agreement of 1728, under which the government of the Duzine or Twelve Men was instituted and then proceeds as follows :
And whereas in consequence of the said instrument in writing the freeholders and inhabitants within the said patent have annually from the time of the execution of said writing hitherto elected twelve persons, in the manner and for the several purposes mentioned in said instrument in writing, and which said persons so elected have generally been dis- tinguished by the appellation of the Twelve Men or Twelve Trustees and the said Twelve Men so from time to time elected, did meet and conceiving themselves vested with suf- ficient authority for the purpose by virtue of said instrument in writing did at some of the said meetings make partitions of different parcels of the land contained in said letters patent, and minutes or a journal of the proceedings of the said Twelve Men, so from time to time convened, as far forth as said proceedings did relate to the several partitions were entered in a Book, which was always as a kind of record deposited with a discreet freeholder within the patent to
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that purpose from time to time appointed by the Twelve Men, and which said book hath been submitted for inspec- tion and examination by the Legislature, and the same in order to preserve the authenticity, and that the intent of this act may be carried into effect, hath lately by the Twelve Men elected for the present year, been deposited with the Surveyor General of the State, in whose custody the same doth now remain; and whereas Simon DuBois, Jacobus Has- brouck, Johannis Freer, Jacob Hasbrouck, Jr., Abraham Don- aldson, Abraham Eltinge, Petrus Hasbrouck, Samuel Bevier, Benjamin Deyo, Isaac LeFevre, Matthew LeFevre and Abra- ham Ein, the Twelve Men elected for the present year, have presented their petition to the Legislature, suggesting several of the matters herein before recited, and further suggesting that no deeds of partition or other conveyance having ever passed between the several persons interested in the said patent for vesting in them in severalty the several allotments, which in the said several partitions fell to their shares, respec- tively ; and the said book and correspondent possession being the only evidence of the said several partitions the petitioners were advised that the said several partitions were therefore materially defective in law; and further suggesting that no controversy has as yet arisen between the several persons interested in the said patent, with respect to their title in severalty to their respective allotments, that the petitioners were nevertheless induced to apply to the Legislature to con- firm the said several partitions, lest the interference of the Legislature, after such controversies had arisen and suits commenced in consequence thereof, might appear to favor the claims of one of the parties in preference to the other, the petitioners did therefore, in order to preserve peace among the inhabitants of said patent, to promote the improvement
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and settlement of the same and finally to prevent the injurious litigation to which the petitioners and others interested in the said patent would otherwise be exposed, pray for a law to confirm the said several partitions; and whereas the Legisla- ture have taken the said petition in consideration and have thought fit that the prayer thereof should be granted, therefore,
Be it enacted by the people of the state of New York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same that the said several partitions, written in said Book shall be and hereby are ratified and confirmed; and that when in either of the said several parti- tions, any lots or parcels of land were alloted or fell to, or to the respective parts or shares of the said several twelve original patentees in the said letters patent named, the said several twelve original patentees shall be deemed and hereby are declared to have been seized severally in fee simple of said lots or parcels of land, respectively, as from and imme- diately after the issuing of the said letters patent deeds of partition had in due process of law for vesting the same in severalty in fee simple in the said original patentees respec- tively been made and executed by and between them the said twelve original patentees; and that when on either of the said several partitions any lots or parcels of land were allotted or fell to or became the part or share of any person not being one of the said twelve original patentees such person shall be deemed and hereby is declared to have been seized in fee simple as from and immediately after such partition of the lots or parcels of land which were so alloted or fell to or became the part or share of such person in like manner as if all the other persons, then having a right or interest in such lot or parcel of land, had immediately after such parti- tion, by conveyance made and executed in due form of law
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granted and conveyed in fee simple their respective rights and interests of in or to such lot or parcel of land to the person to whom or to whose part or share the same on such partition was alloted or fell and
Be it further enacted that it shall and may be lawful for the surveyor-general of the state, and he is hereby required to retain said book in his custody, until a convenient time after the passing of this act and then having first subscribed a certificate to be inserted in said book and representing that the said book is the book meant and intended in and by this act to deliver the same with his hand to the clerk of the county of Ulster for the time being, who is hereby authorized and required to receive it and to deposit the same in the office of the said clerk, there to remain forever, and that the said book or a copy thereof, certified by a clerk of said county for time being, and attested by a credible witness who shall have compared the same with the original, shall in all cases be admitted and received in evidence of the several partitions therein mentioned,
Provided always that this act nor any thing therein contained shall affect or be deemed or construed to af- fect the right, title, interest or possession of any per- son or persons claiming or holding by virtue of any other grant or letters patent, in any wise soever, Provided, nevertheless, that in all controversies between parties claim- ing under the partitions hereby confirmed and parties claim- ing under any other grants or letters patent this act and the partitions hereby confirmed shall be deemed and adjudged to be as good evidence of an estate in severalty under the said Paltz Patent as if said partition had been made accord- ing to the course of the common law.
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CHAPTER VIII
PETER VAN ORDEN OF PLATTEKILL-A SOLDIER OF THE AMER- ICAN REVOLUTION.
BY COL. JOHN BODINE. .
It is much to be regretted that so little of the local and family history of the early settlers of this and adjoining townships should now be in possession of the present gen- eration.
Our fathers seldom cared to impart such information to their children, so that in many instances the details of vicissi- tudes of pioneer life, the founding of families, or the ex- tinction of the same, the occupancy of lands, the personal sacrifices and loss of life in Colonial and Indian wars and even service and patriotic devotion in the American Revolu- tion only come to us in disjointed and traditional form, and are now scarcely recalled by their present descendants or are lost in indifference and neglect.
In many cases officers who served in the Revolution have left no record of their service and devotion, and their descend- ants only know that they served.
Of recent years an interest has been stimulated in the matter by the formation of patriotic societies, such as the " Daughters and Sons of the American Revolution," " The Huguenot So- ciety " and others, so that at this time many facts have been recalled, and although somewhat meagre and disjointed, they yet serve to perpetuate a feeling of patriotism and a respect for our ancestors.
it is only through a perpetuation of the memory of the Pilgrims and Puritans, the Colonial worthies, and especially
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the soldiers of the American Revolution, and the principles for which they fought, their sacrifices and incredible hard- ships, with their final triumph resulting in the formation of the American Republic, that we can expect to inculcate and foster the sentiments of patriotism in these coming generations and by this means assimilate and digest the hordes of for- eigners, now coming to our shores, most of whom are entirely ignorant of our early history and of the fundamental prin- ciples underlying our government and laws.
This slight and imperfect sketch is intended to present the meagre details now remaining of the life of a humble "Con- tinental soldier " whose services were freely given to his country, whose memory is now forgotten except among his immediate descendants. His monument in the Modena ceme- tery bears this inscription, "A Soldier of the American Revo- lution." This inscription and a few of the many details of his services and sufferings in the army are all that remain of Peter Van Orden.
His father came from Holland in Colonial times and settled as a farmer in New Jersey and at one time was in good circumstances, but through indorsement for friends lost most of his property, and being in straightened circumstances was obliged to indenture his son, Peter, to a neighboring farmer who seems to have been a hard taskmaster, as Peter made up his mind to take the first opportunity to seek other em- ployment, in fact to run away.
While entertaining such feelings, which he had communi- cated to a fellow laborer one day while in the potato field, near the highway, a recruiting sergeant came along with fife and drum followed by recruits. His friend said to him, "Now, Peter, is your chance." He threw down his potato fork and with a whoop, placed his hand on the top rail, landed
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in the road and then and there enlisted as a soldier in the American army. He was mustered in the service and served throughout the war and was mustered out at the conclusion of peace. He suffered many hardships and participated in many triumphs in his many campaigns and battles. He was wounded three times-once by a bayonet thrust in his side, on which occasion he was made prisoner; once through the arm, and once in the head, this last wound was nearly fatal. No person could look him in the face and fail to notice the scar left by this wound. He was struck in the forehead by a musket ball at about the edge of the hair. The ball passed along the top of his head removing the scalp and hair in its course, and indenting the skull for about four inches. His skull was trepanned and portions of the bone removed, so that on looking closely you could see the pulsation of the blood. The wound left a deep groove, in which no hair grew and it showed a white strip the width of the finger. He was nursed for six months in a friendly family and when recov- ered rejoined his regiment. On the occasion of the wound in his arm, he was in line of battle, loading and firing, when on endeavoring to ram cartridge he could not raise his arm. He was unconscious of his wound until he saw blood dripping from his fingers.
In another battle, in repelling a charge he received a bayonet thrust in his side and was taken prisoner, and sent to the hospital. On partial recovery he was placed in the " Old Sugar House Prison" in New York City. This was his hardest experience throughout the war, and his relation of the horrors of this prison was most pathetic. He was placed in prison at the commencement of one of the severest winters known to the city. Through the winter heavy artillery was transported on the ice between New York and New Jersey.
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A near friend and distant relative was in confinement at the same time, and the last that he saw of him he was crawling up the stairs on the stumps of his legs, his feet having been amputated. Peter owed his life to a very curious circum- stance: Some unknown friend sent him two thick blankets and two pair of woolen stockings of which he gave a blanket and pair of stockings to a fellow prisoner. He thought this timely charity from an unknown friend saved his life, as great numbers were frozen to death before spring, at which time he was exchanged and rejoined his regiment. He served in the Northern campaigns under Schuyler and Gates and was in the battles preceding the surrender of Burgoyne, and like- wise at the surrender.
He told of Arnold's brilliant courage and his insubordina- tion. He was once asked how many men he had killed in battle. His reply was that he might have killed many, but to his knowledge had only killed one, and then related this incident of the above campaign : He was scouting with a party in command of an officer and in crossing a swamp they were unexpectedly almost surrounded by Indians. They took to the trees and commenced a determined resistance. The In- dians evidently believing themselves outnumbered commenced to retreat, just at this time he discovered an Indian peering around a tree, and apparently unaware of his proximity. He shot him through the body and running up found on his person a British medal hung about his neck, a musket, a tomahawk and a small copper kettle. He secured the medal and kettle. By this time his companions were in the distance making for a hill overlooking the swamp. When they attained its summit they saw the lake beyond the swamp dotted with Indian canoes making for the opposite shore, the paddles flashing in the declining sun.
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He saw most of his service about New York and the Hud- son. He was in the battle of Long Island and followed Wash- ington on his evacuation of New York and was at the battle of White Plains. He was familiar with the doings of the tories and skinners infesting the country between Peekskill and the British lines, knew "Light Horse Harry," Generals Putnam, " Mad" Anthony Wayne, Clinton and Greene, but his pet General was LaFayette of whom he was never tired of talking, and to the day of his death wore a gold seal on his fob chain set with a cornelian on which was engraved an intaglio portrait of this gallant Frenchman.
He was with the detachment sent to reinforce Gates, and after the surrender of Burgoyne returned with his regiment to New Jersey and wintered at Morristown. He related the deplorable condition of the troops at this time, and expressed his belief that but for the battle of Trenton the army might have disbanded.
He disliked General Gates, who he said never had the con- fidence of the soldiers; he spoke of him as a trickster and insubordinate. His estimate of General Lee was singularly accurate as to character as delineated by subsequent history. He admired General Greene, saying he was much beloved by his soldiers.
Pages could be filled with his anecdotes and adventures as a soldier, but no pen could give them the effect produced by his nervous and dramatic recital. His perception and delineation of character and his observations on the events of the war showed a mind of unusual power and critical discernment, and this is the more remarkable as his educa- tion was very limited. His attainments were acquired in that best of schools, contact with his fellows in the rough and tumble of a busy life. Mr. Van Orden was a large and
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impressive man, six feet two in height, and weighing over 200 pounds, inflexible in integrity and a pronounced foe to all hypocrisy and cant, pronounced in his likes and dislikes he had, in consequence, many friends and not a few foes. There was nothing of the milk and water in his composition. You would always know where to find him, but never " on the fence."
When mustered out he found himself in New York. He had some arrears of pay due him, and on receipt of these bought a horse and cart and entered the employment of a wealthy merchant and shipowner well known in the early history of the city, named Costar. He eventually obtained complete control of the carting business and employed about forty men in this and kindred enterprises.
He related an unique method of paying off his men. On Saturday night his men congregated at Mr. Costar's office on the sidewalk. Mr. Van Orden wore a large beaver hat and when he was paid for his week's carting would put the silver money in his hat, take a seat on the steps, have his men file past him and pay them out of his hat. He accumu- lated considerable property and at the time of leaving the . city, owned three houses and lots facing on Maiden Lane. These lots were large and surrounded the houses and had they been retained would now be worth several millions. At this time he was a man of some consequence and public notoriety. His heirs have in their possession a certificate from Major Duane giving him the "freedom of the city of New York " which was no small honor. His brother Charles was chief of the police of the city and an intimate friend of Aaron Burr, and with him used to visit the family after they moved to the country. His mother's name was Brower, his wife's maiden name was Warner and she was related by blood and marriage to the Vandals and Brevoorts.
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Peter Van Orden had a family of one son and three daughters. The son, Abraham, married Maria LeFever, daughter of Philip LeFever of Kettleboro and occupied the old homestead still in the family. When Peter Van Orden first occupied the farm in Plattekill he sold a lot, afterwards known as the Still House lot, opposite the homestead. On this lot a company built a very large building and established a distillery, and at this time he built a large dam and erected a grist mill in which he ground the grain purchased from the farmers by the company for the distillery. He also built the storehouse which was standing up to last year, just east of the homestead door yard. In this store he and his partner, John Warner, sold merchandise to the people of the sur- rounding country. At this time the place contained two stores, a large distillery, a grist mill, a hatter's shop, two blacksmiths, one wheelwright and a shoemaker.
JUSTICE IN OLDEN TIMES.
We have in our possession an old book of grandfather Peter LeFevre in which he kept a summary of cases tried before him as Justice of the Peace for a period of twenty- two years, commencing in 1792.
The book is composed of about 150 sheets of unruled paper, stitched together, with a flexible pasteboard cover. In turn- ing over the leaves we find, here and there, pressed flowers- bluebells, honeysuckles, larkspurs and other varieties, placed there perhaps by the daughters of the family after their father had ceased to use the book as a record of the cases tried before him.
The last entry in the book states that the writer qualified as one of the judges of the court of common pleas for the county of Ulster in April, 1814, but this book only contains
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the record of cases tried at an earlier date while he was justice of the peace. A great portion of the legal papers needed by the New Paltz people in those days, such as wills and deeds were drawn up by grandfather, but that has nothing to do with the record in this book.
There are a few cases of petit larceny recorded but nearly all the cases are civil actions. In most instances they seem to have been tried without the aid of a lawyer. Sometimes a jury was asked for and granted and sometimes the parties would agree to leave the case to referees. Occasionally there would be no appearance on the part of the defendant and judgment would be taken by default. In a number of cases tried the justice's fees are only twenty-one cents, the con- stable's fees not much more and the jurors' fees 1212 cents each. The work must have been performed by all the officials from a sense of obligation and not for financial profit. In a part of the cases the place of meeting was the residence of the justice; in others the houses of Ann DuBois (Liberty- ville), Daniel DuBois (village) and Josiah Elting are men- tioned.
We note a few of the cases recorded, not because they are of importance, but because they are amusing or interesting. The following entry seems to denote a case of "diamond cut diamond " and it also shows that people were subject to a fine for working on the Sabbath: " John Fredericks paid his fine of six shillings for laboring on Sunday, the 14th day of Sept., 1800, to me Peter Le Fevre, junior, at the complaint of William Fredericks and William Fredericks paid his fine of six shillings at the complaint of John Fredericks for labor- ing on Sunday, the 14th of Sept., 1800."
In one of the cases recorded Wm. N. McDonald sued Jonas Wood for a fiddle he had loaned him; judgment was recorded
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