History of Putnam County, New York : with biographical sketches of its prominent men, Part 17

Author: Pelletreau, William S. (William Smith), 1840-1918
Publication date: 1886
Publisher: Philadelphia : W.W. Preston
Number of Pages: 1088


USA > New York > Putnam County > History of Putnam County, New York : with biographical sketches of its prominent men > Part 17


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ยท The civilization and enlightenment of the present age, is shown by nothing more plainly than by the care and attention that are now bestowed upon the unfortunate persons who are de- pendent on public charity. During the times of the " Pre-


167


GENERAL HISTORY.


cincts," and up to the year 1830, the poor were supported by the barbarous practice of " farming out," by which they were sold to the lowest bidder and their style of support corresponded to the small sums received for their maintenance. In 1830, the superintendents of the poor purchased from Warren Townsend three acres of land in the town of Kent, bounded east by the west line of Philipse Long Lot No. 6, south and west by the brook, and north by Ferris Brown; and another piece of 106 acres east of the same; and also another piece of 27 acres on the east side of the highway. They also bought 50 acres of Abra- ham Hopkins, bounded east by Philipse Lot line. The second piece of 106 acres bought of Townsend is bounded west by Philipse Lot line. This line runs west of the house and build- ings and crosses the brook and the highway toward the north end of the farm. Some lots of woodland have since been pur- chased for the use of the institution.


In 1856, the office of the county superintendent of poor was abolished, and the Board of Supervisors were authorized to employ a keeper of the poor house, who makes an annual report.


The old house and buildings becoming dilapidated and en- tirely unfit for the purpose for which they were intended, an effort was made by some ladies connected with the State Board of Charities, to have more suitable accommodations provided. for the poor. Prominent among those who thus exerted them- selves in the cause of humanity, were Miss Julia Livingston, Mrs. G. Miller, Mrs. Benjamin D. Crane and Miss Martha Barnes. As usual in those cases the proposal met with some opposition from the selfish, but at length the Board of Supervisors took action and the present convenient and comfortable buildings were erected in 1879. The number of paupers supported here dur- ing the past year was 44, and the management, under the care of William C. Entrott, is creditable to the county.


The cost of building the Court House and jail is shown by the following extracts:


" At a meeting of the Supervisors at the house of Widow Waring, August 26th, 1815, the Commissioners for building the Court House in & for the County of Putnam, the Commission- ers made and presented to the Supervisors an account of the expenses for the Court House for monies paid for the building, the account accepted."


168


HISTORY OF PUTNAM COUNTY.


"The County of Putnam. Dr.


" To Joseph Crane for thirty-nine days service as Com- missioner for building Court House. $78 00 Dr. to . 45


33


"To Stephen Barnum for 33 days service as Commis- sioner for building Court House. $66 00


Dr. to . 30


36


"To Joel Frost for 25 days service as Commissioner for building Court House.


$50


Dr. to . 30


20


"To John Jewitt 28 days as Commissioner for build-


ing Court House.


$55


Dr. to . 30


25


"To Jonathan Ferris 8 days as Commissioner to build the Court House. $16


" Memorandum of Monies expended by the Commissioners appointed to fix the site and build a Court House and Gaol for the County of Putnam.


"To Cash paid to James Townsend for Building Court House & Gaol as per contract. . $3,800 00


"To Cash paid for extra iron. . 41 16


" To Cash paid for chairs for Court room. 16 00


" To Cash paid for extra timber. 12 00


" To Cash paid extra iron and Smith work. 13 70


$3,882 86"


"Agreement with Supervisors of Dutchess County.


"These may certify that we the Subscribers, Supervisors of the County of Dutchess and Putnam for the present year, hav- ing met at the Court House of Poughkeepsie on the first Tues- day in October, 1812, pursuant to a law of the State of New York passed June 12th in the same year, for the purpose of adjusting accounts in the said counties, and appropriating the


169


GENERAL HISTORY.


monies thereof, have agreed and determined as follows, viz : that each county shall pay the respective charges for removing paupers and special Courts of Sessions originating or held in the towns Composing or Constituting the said counties and that we find due from the County of Putnam to the County of Dutchess the sum of one hundred and ninety two dollars and thirty-five cents, which the Supervisors of the said County of Putnam for themselves promise and engage shall be paid to the Treasurer of Dutchess, on or before the first day of March next ensuing the date hereof. And the Supervisors of the County of Dutchess do by these presents for themselves and their succes . sors exonerate and discharge the said County of Putnam from all charges and demands, originating or existing under the County of Dutchess, anterior to the 12th day of June, 1812. Given under our hands and seals this 8th day of October, 1812.


" ELISHA BARLOW, Chairman, JOHN HAYT,


" HENRY A. LIVINGSTON,


" JOHN Cox Jr.,


" JEREMIAH SHERILL,


" __ DU BOIS,


JOSHUA BARNUM,


BARNABAS CARVER,


JONATHAN FERRIS, JOHN HAZEN,


" ARCHIBALD CAMPBELL, Supervisors of the Co. of Putnam.


"' AARON STOCKTON,


'JAMES KETCHAM,


" ISAAC SHERWOOD,


" SAMUEL MOTT,


" Supervisors of the Co. of


" Dutchess."


At the organization of the County Court, John Jewitt was the first clerk, and appointed Robert Weeks his deputy. The following is the record of the first term :


"October Term 1812.


"At a Court of Common Pleas held at the Baptist Meeting house in the town of Carmel, in and for the County of Putnam, on the 20th day of October 1812. Present : Stephen Barnum, First Judge; Robert Johnston. Harry Garrison, Barnabas Carver. Judges.


" Court opened by Proclamation at the hour of 12 o'clock.


170


HISTORY OF PUTNAM COUNTY.


" Proclamation that Sheriff return all Process, returnable here this day.


"Wm. H. Johnston, high Sheriff of the County aforesaid returns the venires with the panel of Jurors annexed.


" Proclamation that the Jurors appear and answer.


"The panel being called the following Jurors appear, viz : Benjamin Benedict, Benjamin Carl, Peter Terry, Ebenezer G. Palmer, Philo Lewis, Samuel Maybee, John Foshay, Eden Curtis, Edward Smith Jr., Joseph Colwell, Jesse Cole. David Knapp, Cyrus Horton, Stephen Purdy, Ezra Hubbell, Elijah Townsend, John Gregory, Peter Harvey, Jeremiah Maybee, William Ally, William Miller, Archibald Young, and Darius Doane.


"Ordered by the Court here now sitting that the seal here- unto annexed, with the following device to wit, an oxes head, and a two handled plough with the words (seal of Putnam County Common Pleas) be adopted as the seal of this Court, and that precepts and process or proceedings which require the seal of the Court shall be sealed with said seal.


"Geo. W. Niven applies to the Court now sitting for R. C. Austin to be admitted as an attorney & counsellor at Law in this Court. Ordered he be admitted as such.


"Geo. W. Niven makes application to this Court now sitting for Joseph Silliman to be admitted as an Attorney and Counsel- lor at Law in this Court. The like order.


"George W. Niven makes application to this Court, for Walker Todd to be admitted as a Counsellor and Attorney at Law of this Court. Ordered he be admitted as such.


"On presenting of the license of William Nelson in the Supreme Court of this State whereby it appears that he is an Atty. of that Court. Ordered on his own motion that he be admitted as an Attorney & Counsellor at Law of this Court.


"The like order as to Frederick Stone. J. Coffin, William Silliman, and John Oppie.


"Stephen Lyon as one of the petty Jurors absent and sick. By the oath of Benjamin Cowl. Ordered him excused.


171


GENERAL HISTORY.


CORNELIUS TOMPKINS vs.


OLIVER COLE.


On filing of the Oyer Com. Bail Bond and also a cogno- vit of the Attorney for the Def't. whereby he confesses the Debt of the Pl'f. in this cause to eighty dollars, on Motion of Mr. Oppie Atty. for Pl'f, ordered Judgment.


JONATHAN FERRIS


vs. ISRAEL OWENS.


The like to one hundred dollars of Debt.


CORNELIUS TOMPKINS


vs. THOMAS DENNY.


The like in all things for $150 Debt.


MARTHA SICKELY US.


EZRA HUBBELL.


The like in all things for $42 damage.


"Court met pursuant to adjournment.


"Present-Stephen Barnum, Robert Johnston, Barnabas Carver, Judges.


"Court adjourned until the next Term of Common Pleas to be held at this place."


"June 3rd, 1813. On application of Joseph Crane Esq., one of the Judges of this Court, for the manumission of Nimrod a man of Colour belonging to said Joseph Crane, whereupon the Court on due examination find said slave to be under the age of fifty years and of sufficient bodily strength and ability to maintain and support himself and that said applicant has com- plied with the regulations of the Statute in such case made and


172


HISTORY OF PUTNAM COUNTY.


provided. Therefore the Court orders and directs the said Nimrod to be manumitted and also do exonerate and discharge the said Joseph Crane and his heirs from rendering the said. Nimrod any further support or sustentation."


The jail limits as established in 1818, " began at a stump near the margin of the pond nearly west from the school house." The school house here mentioned stood at the north end of the park, opposite the present school building. The bounds then ran east 17 chains, 90 links, then north 58 chains, then west 17 chains, then south 27 chains "to a Button wood tree at the shore of the pond and at the southeast corner of Charles Minur's garden" (now the residence of Edwin Fisher), and thence to the beginning, embracing an area of 110 acres. These were enlarged, in 1820, to 141 acres.


It will be noticed that the act establishing Putnam county simply sets off certain towns as a new county, without actually defining the true line between Putnam and Dutchess. The act of the Colonial Legislature in establishing the South Precinct of Dutchess county, describes it as including the whole of the patent granted to Adolph Philipse. Whether the true county line was the north line of the "Gore," or the line of the sur- vey of the Philipse Patent, run in 1753, or a due east line from the mouth of Fishkill Creek, remained in doubt and uncer- tainty. In 1832, an act was passed "To survey and settle the North Boundary Line of the County of Putnam." "It shall be the duty of the Surveyor General to survey, run out and designate by proper land marks, the boundary line between the Counties of Putnam and Dutchess, the same being the northerly line of the County of Putnam, as the same is described in the third volume of the Revised Statutes, as nearly as the said boundary line can be ascertained, but such survey shall not be made until the expense thereof shall be provided for by the counties of Dutchess and Putnam, or one of them."


There were three lines proposed. The first consisted of the Compromise" Lines, or the north lines of the Gores of the Rumbout and Beekman Patents. The second was the line of survey of the north line of the Philipse Patent, in 1753, which began at the mouth of Fishkill Creek and ran north, 87 degrees east, to the Oblong. The third was a due east line from the mouth of Fishkill Creek, to the Connecticut line. A map showing these lines is in the office of the secretary of State.


173


GENERAL HISTORY.


Among the records of the Board of Supervisors of Dutchess county, is a letter from the surveyor general, stating that he should consider the east and west line as the true boundary. A resolution of the Board of Supervisors of that county states that "the east and west line being generally known, there was no necessity of voting any money to locate it." Consequently nothing was ever done to mark the line by proper monn- ments.


A traditionary line is accepted at various points as the county line; for example, the south line of the farm of Gilbert Tabor, in Patterson, and the north line of the Ludington property, in Kent; but there is no certainty about the matter. No action was taken by Putnam county in regard to the disputed boundary.


Judges of Putnam County Court of Common Pleas from 1812 to 1884 :- 1812, Stephen Barnum, 1st., Robert Johnston, Henry Garrison, Barnabas Carver. 1813, Joseph Crane, Robert Johnston, Henry Garrison, John Crane, Stephen Hayt. 1815, Barnabas Carver, Robert Johnston, Henry Garrison, Jonathan Morehouse, John Patterson. 1818, Henry Garrison, 1st., Bar- nabas Carver, John Patterson, Jonathan Morehouse. 1820, Abraham Smith, William Watts, David Jackson, John Patter- son, John Hoyt. 1821, Barnabas Carver, Jonathan Morehouse, William Watts, Abraham Smith. 1823, Henry Garrison, Bar- nabas Carver, Stephen C. Barnum, James Lowner, Edward Smith. 1829, Frederick Stone, 1st., Bennet Boyd, Samuel Washburn, Ebenezer Foster, Cyrus Horton. 1832, Henry Gar- rison. 1833, Bennet Boyd, 1st., David Kent. 1835, Stephen Pinckney. 1836, Ebenezer Foster. 1838, David Kent, Bennet Boyd, 1st., John Garrison. 1841, Henry J. Belden, Cornelius Warren. 1843, Robert P Parrott, 1st., Azor. B. Crane, Benja- min B. Benedict, Thatcher B. Theall. 1845, Nathaniel Cole. 1847, Azor. B. Crane, elected Judge and Surrogate under the new Constitution of 1846.


County Judges from 1847 :- 1847, Azor. B. Crane. 1851, Am- brose Ryder. 1863, Edward Wright. 1884, William Wood.


Surrogates from 1813 to 1847 :- 1813, Joel Frost. 1819, Walker Todd. 1821, Joel Frost. 1823, Jeremiah Hine. 1827, Jeremiah Hine. 1832, Walker Todd. 1836, Walker Todd. 1839, Howard H. White. 1840, Abraham Smith. 1844, Azor. B. Crane.


174


HISTORY OF PUTNAM COUNTY.


The offices of county judge and surrogate have been com- bined since 1846.


District Attorneys :- 1818, Walker Todd. 1821, Frederic Stone. 1829, Jeremiah Hine. 1838, Frederic Stone. 1847, Charles Ga Nun. 1850, John G. Miller. 1850, Frederic Stone. 1853, John G. Miller. 1856, Peter M. Jordan. 1858, Levi H. McCoy. 1861, Jackson O. Dykman. 1864, James D. Little. 1870, Samuel J. Owen. 1876, William Wood. 1883, Frederic S. Barnum. 1885, Abram J. Miller.


Names of Attorneys on Court Roll :- 1812, Goorge W. Niven. 1813, Frederic Stone, William Nelson, Amos Belden. 1815, Walker Todd, Henry B. Lee, William Brown, John Philips. 1816, Cornelius Master, Philo Ruggles. 1817, William H. Johnston, Edward Buckbee, Moses Hatch, Jonas Strong, Isaac Hoffman, Robert P. Lee. 1818, E. Nye. 1819, James Youngs, Stephen Cleveland, James W. Oppie, Samuel B. Halsey, Jeremiah Hine, Samuel Youngs, J. W. Strang. 1820, Henry B. Cowles. 1836, Stephen D. Horton, Lewis Robinson. 1839, Eleazar M. Swift, Elijah Yerks, Howard H. White. 1840, Thomas Nelson, Ebenezer C. Southerland, Silas H. Hickok, Owen T. Coffin, William Fullerton. 1841, J. H. Ferris. 1842. Samuel F. Reynolds, Benjamin Bailey. 1843, John Curry, Charles Ga Nun, Peter S. Jordan, William J. Blake. 1844, John S. Bates, Thomas R. Lee, James H. Dorland. 1846, William A. Dean, Calvin Frost. 1847, John G. Miller, James D. Stevenson, Charles M. Tompkins, Amri L. Dean. 1855, Charles H. Ferris. 1857; Thomas G. Barnum. 1866, Seymour B. Nelson. 1876, William Wood, George E. Anderson. 1877, James Gardiner. 1878, George W. Horton. 1880, Ward B. Yeomans. 1881, Clayton Ryder, Frederic S. Barnum.


Representatives in Congress :- 1817, Henry B, Lee. 1837, Gouverneur Kemble. 1847, Cornelins Warren.


State Senators :- 1828-31, Walker Todd. 1848-49, Saxton Smith. 1864-65, Saxton Smith.


Members of Assembly :- 1814, Joshua Barnum, jr. 1815, David Knapp. 1816, Henry B. Lee. 1817, Edward Smith, jr. 1818, William H. Johnston. 1819, Hart Weed. 1820, David Knapp. 1821, Elisha Brown. 1822, Edward Smith. 1823, Wil- liam Watts. 1824, Stephen C. Barnum. 1825, David Knapp. 1826-28, Henry B. Cowles. 1829, Thomas W. Taylor. 1830, James Towner. 1831, Bennet Boyd. 1832, Reuben D. Barnum. 1833, John Garrison. 1834, Jonathan Morehouse. 1835, Daniel


175


GENERAL HISTORY.


Kent. 1836, Moses C. Robinson. 1837, John Crawford. 1838, Saxton Smith. 1839, Herman R. Stephens. 1840, Saxton Smith. 1841, James H. Cornwall. 1842, Ebenezer Foster. 1843, Syl- vanus Warren. 1844, Saxton Smith. 1845-47, Benjamin Bailey. 1847, Benjamin B. Benedict. 1848, Chauncey R. Weeks. 1849, James J. Smalley. 1850-51, William Bowne. 1852-53, Nathan A. Howes. 1854-55, James J. Smalley. 1856, Benjamin Bailey. 1857, Chauncey R. Weeks. 1858, John Gar- rison. 1859-60, Edwin A. Pelton. 1861, Charles T. Brewster. 1862, Thomas H. Reed. 1863, Saxton Smith. 1864-65, Jeremiah Sherwood. 1866-67, Stephen Baker. 1868, Samuel D. Humph- rey. 1869-70, Morgan Horton. 1871, Sarles Drew. 1872, James B. Dykeman. 1873, William S. Clapp. 1874, Hamilton Fish, jr. 1875, William H. Christopher. 1876-79, Hamilton Fish, jr. 1880, George McCabe. 1881, Charles H. Everett. 1882, Robert A. Livingston. 1883, James W. Brooks. 1884, Henry D. Clapp. 1885, Robert A. Livingston. 1886, Henry Mabie.


County Clerks :- 1812, John Jewett. 1815, William H. John- ston. 1817, James Townsend, jr. 1820, Rowland Bailey. 1821, James Towner. 1822, Jonathan Morehouse. 1837, William H. Sloat. 1840, Reuben D. Barnum. 1852, Ira Mead. 1857, Agus- tus Hazen. 1860, Edward Wright. 1863, John K. Watt. 1875, Edward B. Thompson. 1884, Edward C. Weeks.


Sheriffs :- 1812, William H. Johnston. 1813-14, Peter Crosby. 1815-18, Peter Warren. 1819-20, Edward Buckbee. 1821, Joseph Cole. 1822 23, Edward Buckbee. 1826, Thomas W. Taylor. 1829, Joseph Cole, 2d. 1832, Nathaniel Cole. 1835, Thomas W Taylor. 1838, George W. Travis. 1840, William W. Taylor. 1843, James Smith. 1846, William W. Taylor. 1849, James J. Smalley. 1849, Joseph E. M. Nobby, ap. 1852, Harvey Mead. 1855, Charles T. Brewster. 1858, Daniel B. Lockwood. 1861, Charles T. Brewster. 1864, John J. Smalley. 1867, John Butler. 1870, Richard R. Horton. 1873, James O. Cole. 1876, Edmund Doane. 1879, James O. Cole. 1883, James J. Dakin. 1884, Jeremiah W. Hazen.


County Treasurers :- 1848, Thomas W. Taylor. 1854, Leonard K. Everett. 1857, Addison J. Hopkins. 1860, James J. Smalley. 1869, Thatcher H. Theall. 1870, John Cornish. 1873, Ambrose Ryder. 1873, Daniel Baker. 1876, Hillyer Ryder. 1885, Hillyer Ryder.


School Commissioners from 1859 to present time :- George F.


176


HISTORY OF PUTNAM COUNTY.


Sherman, Jackson O. Dykman, Peter B. Curry, William Town- send, 2d, Charles H. Ferris, John H. Spencer, Thomas H. Reed, James A. Foshay.


Coroners :- 1812, William Brown, Edward Buckbee. 1813, Edward Buckbee. 1816, Joseph Benedict, Samuel Townsend. 1817, Joseph Benedict. 1818, Orrin M. Armstrong, David Mooney, Henry Haldane, Samuel Townsend. 1819, Orrin M. Armstrong, Henry Haldane, Samuel Townsend. 1820, Henry Haldane, David Dingee, Erastus Smith, Orrin M. Armstrong, James Dykeman. 1821, James Dykeman, Henry Haldane, David Dingee, William Brown. 1822, Henry Haldane, Na- thaniel Delavan, James Dykeman. 1823, Henry Haldane, Azahel Cole, William Raymond. 1826, Benjamin Dykeman jr., William H. Sloat, Edmund Burtch, Nathaniel Delavan. 1829, William Raymond, John Garrison. 1832, Lewis Rogers, Sey- mour Allen, David Dingee, John F. Haight. 1835, Lewis Rogers, John F. Haight, Stillman Boyd. 1837, James J. Smalley. 1838, John F. Haight, Cornelius Nelson jr., Abraham Everett. 1839, Amos Tompkins, Sela Gage. 1841, Cornelius Nelson jr., Jeremiah Dewel. 1843, Addison J. Hopkins, James Barker. 1845, Hart Weed, Elisha C. Baxter, Cyrus Chase. 1846, James Barker. 1847, John Simonson. 1848, Cornelius Dean. 1849, A. G. Travis. 1851, Jeremiah Dewel, George W. Mikmak. 1852, Cornelius Dean, Henry W. Lewis. 1855, Har- rison Chapman. 1856, Henry Smith. 1859, Stephen Minor, Charles H. Minor. 1862, A. J. Barnes, Stephen Minor. 1863, Edwin Fowler, J. Hazen Perry. 1864, Robert A. Ketchum. 1866, Andrew J. Foshay, J. Hazen Perry, Edmond J. Wixon. 1868, Robert A. Fletcher, Alfred Bailey, Alvin Chase. 1869, Andrew J. Foshay, Sylvester B. Truesdell. 1871, Daniel Til- lotson. 1872, Charles Bullock. 1872, Daniel S. Judd. 1874, Joseph G. Cole, Philip D. Penny. 1875, Wellington Ketchum, Sylvester B. Truesdell. 1877, Joseph G. Cole, Walter S. Crosby. 1878, John A. Reed, Martin V. B. Stevens. 1880, Joseph G. Cole, Francis Butterfass. 1882, Martin V. B. Stevens. 1883, William H. Cowl, Francis Butterfass. 1884, John A. Reed. 1885, Martin V. B. Stevens.


AGRICULTURAL SOCIETY.


The Agricultural Society of the County was organized in 1851. Its first president was Thomas B. Arden, of Philipstown;


GENERAL HISTORY. 177


first secretary, Hugh C. Wilson, of Putnam Valley; first treas- urer, Saxton Smith, of Putnam Valley. The first County Fair was held Oct. 8th and 9th, 1851, at Carmel.


For several years its annual fairs were successively held at Carmel, Lake Mahopac and Brewster; Its fairs are now con- tinuously held at Carmel, the society } ing acquired a per- petual lease of about eight acres of land, on which it has erected a large and commodious building for its exhibitions and con- structed an excellent half-mile driving track.


12


CHAPTER XIII. THE CLAIM OF JOHN JACOB ASTOR.


T `HE most important episode in the modern history of Put. nam county was the great trial and controversy which attended the claim of John Jacob Astor to the ownership of the reversionary right to the lands included in Lots 3, 5 and 9, which were the share of Mary Morris as one of the three owners of the Philipse Patent. For the full understanding of the origin of this claim, the reader is referred to the deed of mar- riage settlement made by Mary Philipse and Roger Morris pre- vious to their marriage, a copy of which may be found in this work.


According to the terms of this deed, the lands belonging to Mary Philipse were to be to the use of Mary Philipse and her husband, Roger Morris, during their lives, and after their de- cease, the lands were to go to their children. After the Revo- lution Mary Morris and her husband removed to England and never afterward returned to their native land. As stated in a previous chapter their lands were confiscated and sold to various purchasers, most of whom were already in actual possession as tenants under Col. Morris and his wife. It soon became known that the only title which the State could lawfully give was the title actually existing in Mary Morris and her husband, at the time of the sale, and could not affect the title of their children.


Roger Morris died about 1795, and his wife died July 2d, 1825. The children of their marriage were: Amherst, who died unmarried and intestate, in 1802; Joanna, who married Thomas Cowper Hincks; Margaret. who died when two years of age; Maria; and Henry Gage Morris, all of whom resided in Eng- land.


A petition was presented to the Legislature, February 16th 1787, by Joanna Morris on behalf of herself and her brothers


179


GENERAL HISTORY.


and sisters, stating their claims and praying for _relief. This petition was referred to a committee, who reported that if the statements therein made were true, the ordinary course of law was competent for their relief, without legislation, and this report was adopted by the Legislature. Some alarm was felt by the persons owning farms under the confiscation sale, for in 1807 a petition was presented to the Legislature by Enoch Crosby and others, calling attention to the claim presented by the children of Roger Morris, and praying that steps might be taken to quiet these claims, but no decided action was taken.


In 1809, John Jacob Astor, the famous millionaire of his day, purchased from the children of Roger Morris all their right to the lands in question. The conveyance was made in the old form of lease and release, by which the heirs gave a lease of the land "for one whole year," " In order that the said John Jacob Astor should be in actual possession, by force of the Statute for transferring uses into possession." The lease was dated December 18th, 1809, and a formal deed was executed on the following day as follows:


" THIS INDENTURE made the nineteenth day of December in the fiftieth year of the reign of our Sovereign Lord George the third by the grace of God of the United Kingdom of Great Britain and Ireland King defender of the faith and in the year of our Lord one thousand eight hundred and nine Between Thomas Cowper Hincks of Somerset street Portman Square in the Parish of Saint Mary Le Bone and County of Middlesex Esquire and Joanna his wife Maria Morris of the City of York Spinster & Henry Gage Morris of Somerset street aforesaid Es- quire a Commander in his Majesty's Royal Navy which said Joanna Hincks Maria Morris and Henry Gage Morris are the three surviving children of Mary Morris now of the said City of York but formerly of New York in America by Roger Morris her husband deceased of the one part and John Jacob Astor of the City of New York in America Merchant of the other part Whereas under and by virtue of Letters Patent of his Majesty King William the third under the Great Seal of the Province of New York bearing date on or about the seven- teenth day of June in the year one thousand six hundred and ninety-seven all that tract of Land in Dutchess County situate lying and being in the highlands on the east side of Hudsons river Beginning at a red cedar tree marked V on the north side




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