History of Oneida County, New York : with illustrations and biographical sketches of some of its prominent men and pioneers, Part 14

Author: Durant, Samuel W
Publication date: 1878
Publisher: Philadelphia : Everts & Fariss
Number of Pages: 920

USA > New York > Oneida County > History of Oneida County, New York : with illustrations and biographical sketches of some of its prominent men and pioneers > Part 14

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" The last will and testament of William Cosby, Gov- ernor of New York and New Jersey, was. made on the 19th of February, 1735, and recorded in the office of the Surro- gate of the City and County of New York, on the 30th of March, 1836 (1736 ?). The testator thereby devised all the tract of land lately purchased by him of the Germans, and called the Manor of Cosby, situated on both sides of the Mohawk River, in Albany County, to his two sons, William and Henry, the part thereof on the southeast (?) side of said river to his son William, and all that part thereof on the northwest (?) side to his son Henry. Gov- ernor William Cosby died in New York, March 10, 1736, leaving him surviving Grace, his widow, William and Henry, his sons, and Elizabeth, wife of Lord Augustus Fitzroy, his daughter, his only heirs-at-law.

" William Cosby, son of Governor Cosby, resided for some time before his death at New Rochelle, Westchester County, unmarried and insane. He survived his brother Henry many years, and was reputed to be the heir-at-law of Governor Cosby. He died at New Rochelle, between 1767 and 1776, intestate and without issue.

Lady Augusta Fitzroy, sister and only surviving heir-at- law of William Cosby, of New Rochelle, son of Governor William Cosby, died previous to 1791, leaving her, survi- ving, her sons, Augustus Henry, Duke of Grafton, Charles Lord Southampton, and her daughter Grace, the wife of Richard Garmen, Esq., who were the children of her first husband, Lord Augustus Fitzroy, and Elizabeth and Lucia Jeffries, who were the children of her second husband, James Jeffries, Esq., they being her only heirs-at-law.

" By an act of the Legislature of the State of New

York passed March 9, 1791, it was provided that Elizabeth Fitzroy, or such person or persons as would have been the heirs of William Cosby, late of New Rochelle, if they had been citizens of this State, and her and their heirs, shall take, have, and hold all the real estate whereof the said William Cosby died seized or entitled to in this State, in like manner as if she or they now, and at the time of said William's decease, were citizens of this State, any pretense or plea of alienation to the contrary notwithstanding, pro- vided that they shall and may sell such real estate within three years.

" By letter of attorney dated March 31, 1791, the Most Noble Augustus Henry, Duke of Grafton, the Right Hon- orable Charles Lord Southampton, Richard Garmen, and Grace, his wife, the Honorable Elizabeth Jeffries, and Lucia Jeffries constituted John Watts and Charles Shaw their attorneys, jointly and severally to take possession of and to hold such real estate, and to sell the same or any parts thereof, etc.

" By deed of release dated March 6, 1793, recorded in the office of the Secretary of State of New York, the above- named heirs-at-law of Lady Augustus Fitzroy, by their attorney, John Watts, for the consideration of £4000, con- veyed to General Philip Schuyler all that part of the Manor of Cosby lying on the southeast (?) side of the Mohawk River, and which by the last will and testament of Gov- ernor Cosby was devised to his son William, with covenant and warranty.}

" But, before this time, Schuyler, and those for whom he acted, had already secured a more perfect title than any he could obtain from the heirs of Governor Cosby, and to which their conveyance was but supplementary and confirm- atory, as I now proceed to show. On the 7th day of May, 1772, Daniel Horsmanden, Esq., Chief-Justice of the Su- preme Court of the province of New York, issued his war- rant to the sheriff of the county of Albany, commanding to sell, for arrears of quit-rents, the premises described in said patent to Joseph Worrell and others. And on the 4th of July, 1772, Henry Ten Eyck, Jr., Esq., sheriff of Albany County, sold at the court-house in the city of Albany, at public vendue, to Philip Schuyler, the highest bidder, 21,900 acres of the said premises for £1243 10s. 7d., arrears of quit-rents and charges, besides £143 14s., costs of advertisements, etc. The deed of Henry Ten Eyck, Jr., Esq., sheriff of the county of Albany, to Philip Schuyler is dated July 20, 1772, and was recorded January 23, 1795, in the clerk's office of the county of Herkimer§ (in Utica). In consideration of £1387 4s. 7d., New York currency, it conveys all that certain tract bounded as fol- lows : Beginning on the south side of the Mohawk River and the west side of a brook called Sadaghqueda, where the said brook falls into the said river, and runs thence south, 38 degrees west, 211 chains and 41 links; thence south, 52 degrees east, 483 chains ; thence north, 38 degrees

# The consideration of the above-mentioned deed was equivalent to $10,000, one-fourth of which was paid to said Schuyler by William Green, as representative of the heirs of John Morin Scott; and one- fourth was paid him by Rutger Bleecker; and one-fourth by John Bradstreet, or their representatives. This deed was, in 1803, in pos- session of the exceutors of Rutger Bleceker.

¿ Liber B, No. 2, Deeds, p. 279.

# Jones.

t See farther on.

HISTORY OF ONEIDA COUNTY, NEW YORK.

east, 453 chains and 41 links; thence north, 52 degrees west, 483 chains; thence south, 38 degrees west, 242 chains to the place of beginning. The description omits a strip, along the southwesterly* side of the patent, of 26 chains and 59 links in width and 483 chains in length, and containing 1284.29 acres, to which this deed conveys no title, and which was afterwards improperly called the ' Gore.' This deed recites the above warrant of the chief- justice, on the application of the receiver-general of the col- ony, stating that on the first day of June, 1767, there were three and more years' quit-rent due for said patent, the post- ing of the requisite legal notices of sale, and the sale by the sheriff, on the day above mentioned, of 21,900 acres of said land to Philip Schuyler, the highest bidder.

" General Schuyler made this purchase for the benefit of himself and of General John Morin Scott, Rutger Bleecker, and General John Bradstreet, who were equally interested with him. The purchase-money was paid at the time of the sale, Bradstreet paying £951 14s. 3d. for his share of the manor and other lands, and advancing, by way of loan, £1300 to Schuyler and Scott. General Schuyler re- fused to be known in this purchase, for fear of offense to the Duke of Grafton, who, as has been said, was one of the heirs of Governor Cosby.

"Two separate surveys of the manor had been made before the last-mentioned purchase. In 1786 a fresh sur- vey was made by John R. Bleecker. The whole manor was divided into 106 lots, and a map was prepared showing the division into lots. The deed of partition, by which the share of Rutger Bleecker was conveyed to him, was dated December 19, 1786, proven on the 1st of November, 1793, by Stephen Van Rensselaer, a subscribing witness, and recorded on the 28th of January, 1795, in the clerk's office of Herkimer County. It recites the ownership of three-fourths by Schuyler and one-fourth by Bleecker; their desire to hold their shares in severalty; the division into lots, particularly describing the boundaries of each of them ; their balloting for the same; and that upon such balloting the lots Nos. 5, 14, 16, 24, 26, 86, 87, 88, 98, 99, and 100, 2, 6, 10, 18, 21, 78, 79, 89, 90, 91, 95, 96, 97, 7, 13, 17, 23, 25, 83, 84, 85, 101, 102, 103, and the undivided half of 3, 11, 19, 27, and the north half of No. 1 were drawn by Philip Schuyler; and lots Nos. 8, 9, 15, 22, 80, 81, 82, 92, 93, 94, 104, 105, 106, and the undivided half of Nos. 4, 12, 20, and 28, and the south half of No. 1 were drawn by Rutger Bleecker; conveys to Schuyler all the lots and shares of lots so drawn by him, and to Bleecker all the lots and shares so drawn by him.

"General John Morin Scott died in 1784. By a similar deed of partition, dated Nov. 27, 1786, General Schuyler conveyed to Lewis Allaire Scott, the son of General John M. Scott, the east half of lots No. 2 and of No. 3; one-half of 4, of 27, and of 28; lots Nos. 7, 13, 17, 23, 25, 36, 38, 42, 45, and 50, which lay on the north side of the Mc- hawk River; also lots Nos. 51, 52, 65, 66, 67, 74, 75, 76, 83, 84, 85, 101, 102, and 103, lying on the south side of the river.

" Rutger Bleecker died on the 4th day of October, 1787, leaving a will which is dated September 8 of the same year, which was proved on the 10th of December following, and recorded in the surrogate's office of the county of Al- bany, in Book of Wills, No. 1, pp. 36-38. The testator gives his wife the support of herself and family out of his estate during her widowhood. He empowers his executors to lease, sell, and dispose of his lands, and gives deeds therefor. He gives and devises all his real estate to his five children, and to one expected to be born, to be equally divided between them. He appoints his brother, Barent Bleecker, his brother-in-law, Peter Elmendorf, and his friend, John Lansing, Jr., to be exceutors, and his wife to be executrix. He left him surviving his widow, Catherine, his sons, John R. and Peter Edmund Bleecker, his daugh- ters, Elizabeth Brinckerhoff, Maria Miller, Blandina Dud- ley, and Sarah Rutger Bleecker, born Jan. 16, 1788, his only heirs at law. Peter Edmund Bleecker died Sept. 18, 1793, aged nineteen, and Sarah Rutger Bleecker died Dec 10, 1793, aged five.

" General John Bradstreet died Sept. 26, 1774, in the city of New York, and was buried in the church-yard of Trinity Church. His last will and testament, dated Sept. 23, 1774, was duly witnessed and proved, and letters testa- mentary granted to Philip Schuyler. After a clause of revocation of all former wills and testaments, and after sundry specific bequests and devises, he devises and be- queaths all the rest of his estate, real and personal, to his two daughters, equally to be divided between them as ten- ants in common in fee. Notwithstanding which devise, he empowers his executors to do all acts and execute all instruments which they may conceive to be requisite to the partition of his landed estate, and devises the same to them as joint tenants, to be by them sold for the interest of his daughters. He appoints as executors the said Philip Schuyler and William Smith, Esq., of New York. The last-named executor, who drew this will, renounced the execution thereof. He adhered to the Crown during the War of Independence, and was afterwards Chief-Justice of the Province of Quebec, in the city of which name he died in the latter part of the year 1793.

" General Bradstreet had made a will in England, on the 10th of November, 1754, which seems to have been re- corded at Doctors' Commons, in which he gave the residue of his estate, real and personal, to his wife and two daugh- ters, the whole on the death of his wife to go to his two daughters. At his death he left him surviving his widow, Mary, and his two daughters, Agatha, who married Charles John Evans, and Martha, who was unmarried. His widow, Mary, whose maiden name was Aldrich, had previously married Colonel John Bradstreet, a kinsman of General John Bradstreet, by whom she had two children,-Samuel, major of the Fortieth Regiment of Foot, and Elizabeth, born in Boston.

" Elizabeth became the second wife of Peter Livius, who was afterwards Chief-Justice of Quebec, and who died in England in 1795. Samuel married, and was the father of two children,-Samnel, lieutenant of the 25th Foot, and Martha, born in Antigua, W. I., Ang. 10, 1780. Thus, Major Samuel Bradstreet and Mrs. Elizabeth Livius were

* This strip is wrongly stated in Dr. Bagg's work to be along the southeasterly side.

t Liber No. 2 of Deeds, page 287.

HISTORY OF ONEIDA COUNTY, NEW YORK.

the half-brother and half-sister of Martha and Agatha, the children of General John Bradstreet. Mrs. Mary Brad- street, the widow of General John, died March 31, 1782, in England.

" Martha Bradstreet, the daughter of General Bradstreet, died in England, March 22, 1782, unmarried and without issue, leaving a will. Io this will, dated May 15, 1781, and proved at London, March 30, 1782, the testatrix gives the produce and interest of her estate to her mother, Mary Bradstreet, during life. She devises her real estate, one- third to her sister, Elizabeth Livius ; one-third to Samuel Bradstreet and Martha Bradstreet, children of her late brother, Samuel Bradstreet ; and the income and profits of the remaining one-third to her sister Agatha, the wife of Charles Du Bellamy,-the same person as Charles Jolin Evans, he having at one time taken the name of Du Bellamy, but his real name being Evans,-and in case of his death, then she gives the said one-third to her sister forever. She appoints Sir John Gould, knight, to be executor, and authorizes him to sell and dispose of her real estate in North America, and make conveyance thereof.

"On the 3d day of May, 1788, Charles John Evans, of the city of New York, and Agatha, his wife, filed their bill of chancery before the chancellor of the State of New York against Philip Schuyler, wherein they charge that General Bradstreet in his lifetime intrusted large sums of money to the defendant to invest for him, setting forth the will of General Bradstreet ; that General Schuyler took upon him- self the sole cxecution thereof, and that they have applied to said defendant for an accounting; and praying for full discovery and accounting, and that defendant may be dc- creed to convey one moiety of the said real estate to the said Agatha Evans. The answer of Philip Schuyler to the said bill, sworn to March 3, 1789, admits that in 1772 he proposed to General Bradstreet to become partner with him in the purchase of Cosby's Manor and other lands then advertised for sale for unpaid quit-rents; and the defendant having purchased said lands, General Bradstreet paid for his share £951 14s. 3d., and also lent the de- fondant £1300, which was applied toward payment of his own share and that of John M. Scott, and avers that General Bradstreet declined being known in said purchase, and the defendant holds the share of General Bradstreet in trust for the purposes of his will; that there were large sums of money in the funds in England belonging to General Bradstreet, which were taken possession of by Sir Charles Gould as exceutor under a former will, but which was revoked by his last will. This was done with the approval of the complainants and other heirs residing in England, who preferred that Sir Charles Gould should have charge of the property. The defendant has paid various sums to the complainant and the other representa- tives of General Bradstreet, and is now in advance to his estate. This defendant has caused a division to be made of the lands in the said manor, and the lots to be drawn by indifferent persons to each proprietor, and notice thereof to be given to the complainant and others interested. This defendant is advised by his counsel, Samuel Jones, Richard Harrison, and Alexander Hamilton, that there are great difficulties about settling the cstate of General Bradstreet,

but on receiving proper security is ready to proceed in the further execution of his trust as this court shall direct. General Bradstreet's estate is entitled to 5462 acres of the first patent, and to 4875 of the second, in Cosby's Manor. No decretal order seems to have been entered on the bill and answer to the above case.

"Charles John Evans died the 9th day of August, 1793, when his widow, Agatha, under the will of her sister Mar- tha, became entitled to one-third of Martha's interest abso- lutely, which, with her interest under her father's will, entitled her to two-thirds of his estate. These interests were made over to her by the executor who held them in trust, as appears by the following : Under date of May 16, 1794, Philip Schuyler, as executor of the last will of Jolin Bradstreet, executed a deed* to Agatha Evans and Edward Gould, merchant, attorney to Sir Charles Gould, knight, executor of Martha Bradstreet. This deed, the considera- tion of which is 10s., recites the will of General Bradstreet and appointment of Schuyler and Smith as executors ; that Smith is dead; that the grantee, Agatha Evans, is one of the daughters of General Bradstreet; that Martha, the other daughter, died, leaving the will herctofore mentioned; that partition of said lands has been made among the pro- prietors ; and it conveys lots Nos. 6, 10, 18, 21, 77, 78, 79, 89, 90, 91, 95, 96, 97, the north half of No. 2, the undivided half of Nos. 3, 11, 19, 27, Nos. 29, 35, 37, 39, 43, 47, 57, 58, 59, 60, 61, 77, of Cosby's Manor with other property ; to have and to hold two equal undivided thirds to the said Agatha, her heirs and assigns forever, and the remaining third to the said Edward Gould in trust, to sell the same and divide the moneys arising therefrom to and among Samuel Bradstreet, Martha Bradstreet, and Elizabeth Livius, their heirs, executors, and administrators; with covenant aguinst prior incumbrances and for further assurance.

" During the years 1790-95, Charles John Evans and wife, and Sir Charles Gould, by his attorneys, Edward Gould and Daniel Ludlow, and-after the death of Evans -Mrs. Evans with Sir Charles Gould, conveyed certain lots and parts of lots in the manor of Cosby to actual set- tlers of old Fort Schuyler ; among others to Thomas and Augustus Corey, John Post, Stephen Potter, John D. Pc- trie, John Bellinger, Peter Bellinger, James S. Kip, etc. Agatha Evans, who died Feb. 9, 1795, by her will, dated Nov. 9, 1794, directed her executors to execute confirma- tions of the above mentioned conveyances."t

Colonel William Cosby, the original proprietor of Cosby's Manor, arrived in New York from England on the 1st of April, 1732. He had formerly been Governor of the Island of Minorca, in the Mediterranean Sca, which place he had left with no enviable reputation for honesty or ability. He was Governor of the colony of New York from Aug. 1, 1732, to March 10, 1736, and had a very stormy adminis- tration. He died on the 10th of March, 1736, as Smith says in his history of New York, " almost universally de- tested." He was the 31st of the English Governors of the

# Proved June 3, 1794, and recorded in the clerk's office of Herk- imer, in hook No. 2 of deeds, page 39.

t For a history of certain litigations by Mrs. Codd, see 12th vol. Wendell's Reports, p. 602, and 5th of Peters, p. 402.

HISTORY OF ONEIDA COUNTY, NEW YORK.

colony. After his death Sir William Johnson was appointed agent for the management of his estate in America, which position he probably filled until his death in 1774.

About one-half of the Cosby Manor was situated in Herkimer County, as the lines now run between that and Oneida County .. It would appear from the surveys that considerably more than one half of the lands were included in the portion south of the river, as the survey shows about 18,000 acres only on the north side. The eastern portion of this manor, now situated in Herkimer County, was in the name of John Lyne, according to a map by Sinicon De Witt, Surveyor-General in 1790. It was supposed at one time that there was lead on this manor, and great ex- pectations were indulged, but the hope proved fallacious .*

Sadaghquedat Patent .- This tract consisted of 6000 acres, and was located on both sides of the Mohawk River, but the larger portion was on the north side, and now con- stitutes about one-third of the town of Marcy. The smaller portion, lying on the south side, is mostly included in Whitestown, a small part being within the limits of Now Hartford. It was granted to Frederick Morris and others, June 25, 1736. This tract was purchased by a company consisting of Hugh White, the first settler in Whitestown, Zephaniah Platt, Ezra L'Hommedieu, and Melancthon Smith, soon after the close of the Revolutionary war. In the summer of 1784 it was surveyed and divided between them by lot. Judge White drew the intervale land along the river; afterwards he purchased the land drawn by Smith, and became owner of about 1500 acres, extending from the river to the south line of the patent, upon the hill, and including about three-fourths of the tract on the south side of the river. Judge Platt afterwards removed to Plattsburgh, in Clinton County, where he died. L'Hom- medien was also a patentee of 4000 acres in Herkimer County.

In 1769 several patents were issued, among them Gage's, Servis', and the Holland Patents. Gage's, at the present time, lies wholly in the town of Deerfield. It contains 18,000 acres, and was granted to General Thomas Gage, who figured prominently as a commander in the opening of the Revolutionary war, and as Governor of Massachusetts, being the last under the English crown. This grant was undoubtedly confiscated, with others, during the Revo- lution.

Servis' Patent .- This tract, which lies partly in Trenton, Remsen, and Marcy, was granted to Peter Servis and twenty-four others, tenants, really for the benefit of Sir William Johnson, on the 28th of February, 1769, under the administration of Sir Henry Moore, Royal Governor of the colony. It covered 25,000 acres.}

According to Mr. Jones, most of the large grants were made at first to obscure individuals, and subsequently trans- ferred to some government favorite or officer of rank.

The following items relating to Servis' Patent are from " Annals of Oneida County": "Sir William Johnson pre- pared a great feast, by roasting an ox whole, etc., to which he invited Peter Servis and his twenty-four colleagues, be- sides a large number of other inhabitants of Johnstown and vicinity, with their wives and children ; and when all were in the best of spirits he procured a transfer of the patent to himself, he doubtless having furnished the money and cx- erted the influence necessary for its procurement. After the death of Sir William, and prior to the Revolution, his son, Sir John Johnson, and other heirs, sold Servis' Patent to several gentlemen residing in New York, so that it was not confiscated with the property of the Johnsons in the Mohawk Valley ; and between 1790 and 1800 this, and the various other tracts, were conveyed to Boon in trust, and on the 24th day of March, 1801, Messrs. Le Roy, Bayard, and Boon conveyed Servis' Patent directly to the Holland Company." This company consisted of Nicholas Van Staphorst, Pieter Van Eighen, Hendrick Vollenhoven, Aernont Van Beefting, Volrove Van Herkelom, of Am- sterdam, and Jacob Van Staphorst, Christian Van Eighen, Isaac Ten Cate, Christiana Coster, widow of Peter Stad- nitski, and Jan Stadnitski, citizens of the Netherlands. Gerrit Boon, Herman Le Roy, William Bayard, James MeEvers, and Panl Busti, or a portion of them, it appears, purchased and held in trust for the owners in Holland and the Netherlands several tracts of land in this region, among which were 46,057 acres of Oouthoudt's Patent, 6026 of Steuben's, 1200 of Matchin's, 23,609 of Servis', etc. These parties, or some of them, also purchased for the company 3,600,000 acres of land in Western New York known as the Holland Company's Purchase.

Holland Patent .- This was a tract of 20,000 acres lying immediately west of and adjoining Servis' Patent. At the present time it constitutes parts of the towns of Trenton, Marcy, Floyd, and Stenben. It was granted March 17, 1769, by the Crown to Henry, Lord Holland, and by him sold to Seth Johnson, Horace Johnson, and Andrew Craigc, who surveyed and divided it into lots of one hundred acres each, employing for this purpose Moses Wright, then resid- ing at Rome.

At the time this patent was taken possession of by the Johnsons and Craige, a man named Noah Simons, who claimed to be the owner, was engaged in surveying it; but he soon after left, and never visited it afterwards. Some years later the heirs of Simons took pains to trace up the title and the record of the original conveyance to their family ; but they found that the proprietors had long since sold the tract to actnal settlers, and their claims were barred by the statute of limitations, and they accordingly aban- doned further prosecution.

A few parties purchased of Simons and moved upon the patent previous to 1797. They subsequently re-purchased of the Johnsons and Craige.

Soon after the original survey, the proprietors, wishing to establish a permanent settlement, disposed of one-fourth the tract to Messrs. Bezabel Fisk, P. C. I. Da Angelis, Heze- kiah Hulbert, and Isaac Hubbard, who drew their shares by lot. A thriving settlement was soon planted.

Fonda's Patent, lying west of Holland Patent, and

* See Doc. Hist. t Called also Morris' Patent.

# Under the English rulo so maoy frauds were perpetrated that a law was passed allowing only 1000 acres to be granted to one indi- vidual, but this was avoidled by parties associating together (tenants and others) and getting a patent for many thousand acres, and after- wards all the parties transferring to one of their onmber, as in the cases of Governor Cosby and Sir William Johnson.

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History of Oneida County, New York : with illustrations and biographical sketches of some of its prominent men and pioneers, Part 14

Author: Durant, Samuel W Publication date: 1878 Publisher: Philadelphia : Everts & Fariss Number of Pages: 920

Author: Durant, Samuel W
Publication date: 1878
Publisher: Philadelphia : Everts & Fariss
Number of Pages: 920