USA > New York > Putnam County > History of Putnam County, New York : with biographical sketches of its prominent men > Part 5
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Philip Philipse, the second son, who with his sisters became the owner of the Highland Patent, married Margaret, daughter of Nathaniel Marston.1 They were 1765 the parents of three children: Adolph, born August 17th, 1745; Frederick, born May 3d, 1755; and Nathaniel, born August 5th, 1756. Philip Philipse died at an early age, May 9th, 1768, and was buried in the vault of Nathaniel Marston, in Trinity Church, New York.
1Nathaniel Marston, the ancestor of the family, was born in Leicestershire in 1600, settled in the West Indies in 1633, and was agent of the Company for settling the Island of Providence " on account of his knowledge of those parts." He had a wife, Mary, and a son John, who had a Patent for land on Long Island in 1666. John married Anne Say and had two children, Nathaniel and Anne. Nathaniel was born about 1665 and left Long Island and settled in New York, where he was a prominent citizen and for many years vestryman of Trinity Church, and helped to build the church at New Rochelle. He married Margriete, daughter of Abel and Anetje Hardenbrock and died in 1737, leaving children: Nathaniel; Thomas, who died in 1741, unmarried; Margaret, wife of - Hendly; John, (who had wife Mary and children: Mary, wife of George Richards, and Anne, wife of John Minot); Mary, who died unmarried; and Anne, wife of Ebenezer Grant.
3
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HISTORY OF PUTNAM COUNTY.
WILL OF PHILIP PHILIPSE.
"In the name of God, Amen. I Philip Philipse of the City of New York, being at present weak in body but of sound and disposing mind and Memory do make this my last will & Test- ament in manner and form following.
"First, I will that all my just debts be paid and satisfied, for the paymen whereof I do hereby charge all that my Tract or Lot of land called Lot Number eight, situate in the County of Dutchess, containing about eleven thousand and fifty seven acres, and which for that purpose I do hereby order and em- power my executors hereinafter mentioned or the majority of them to sell and dispose of the said tract or Lot of Land to any purchaser or purchasers in fee simple. Item I give and bequeath unto my beloved wife Margaret Philipse all my plate furniture and personal estate whatsoever.
"Item, all the rest of my real estate whatsoever, not here- inbefore disposed of I give unto my said wife Margaret Philipse and unto my sons Adolph Philipse, Frederick Philipse, and Nathaniel Philipse, their heirs and assigns forever, equally to be divided among them share and share alike. And if any of my said children should happen to die under age, and without lawful issue and in such case I give and devise the part or share of him, so dying under age and without lawful Issue unto my said wife and surviving children, their heirs and assigns forever equally to be divided between them, share and share alike.
"Item, I give and bequeath all the monies that shall arise
Nathaniel was born March 27th, 1704, and married Mary, daughter of John and Elizabeth Crook. Like his father he was a prominent citizen and Warden of Trinity. He died October 21st, 1778, and was buried in a vault in Trinity Church. His children were: 1st, Margaret, born March 14th, 1727-8.
2d, Nathaniel, born December 1st, 1730, and married Anna, daughter of Jacobus Van Cortlandt. Their children were: Frances, wife of Charles Morgan, afterwards Warburton, Bishop of Lemerick; and Mary, who married her cousin, Frederick Philipse, son of Philip.
After the death of Jacobus Van Cortlandt, his widow married --- Van Horne and had four children: Augustus Valette; Elizabeth, wife of Thomas S. Clarkson; Frederick; Ann Mary, wife of Levinus Clarkson; and James P.
3d, Thomas, born April 16th, 1739, married Amelia Lispenard, and died January 11th, 1814.
4th, John, born December 6th, 1742, graduated at Kings College, 1760. He married Rachel, wife of Thomas Lawrence, and had children: Mary, wife of Thomas White; Nathaniel; Rachel, wife of Nathaniel Grant; Thomas and John. There are descendants of this family in England and the West Indies.
PHILIP PHILIPSE (ob, 1768.) From painting in possession of Philipse- Gouverneur family.
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from the sale of the said Lot number eight herein before ordered to be sold that shall be more than sufficient for the payment of my debts unto my said wife Margaret Philipse, her executors and assigns forever.
" And lastly I do hereby nominate and appoint my said wife Margaret Philipse, Mr. Nathaniel Marston, The Honourable Roger Morris Esq. and Beverly Robinson, executors of this my last will and Testament.
"In witness whereof I have hereunto set my hand and seal this thirtieth day of January in the year of our Lord one thous- and seven hundred and sixty eight.
"PHILIP PHILIPSE."
After the decease of her husband, Mrs. Margaret Philipse married Rev. John Ogilvie, D.D., assistant minister of Trinity Church, April 15th, 1769. He died November 26th, 1774. She survived him many years and died February 11th, 1807. There were no children by this marriage.
Nathaniel, the youngest son, graduated from King's College (now Columbia) May 18th, 1773. He was an officer in the British army, and his commission as Ensign in the 17th Regi- ment, signed by Sir William Howe, is dated August 28th, 1776. He was killed at the battle of Germantown, October 4th, 1777, at the early age of 21 years, 1 month, and 29 days. The follow- ing letter bore to his friends the notice of his untimely death.
"Camp near Germantown 11 8ber 1777
"My Dear Fred.
"It is with the greatest concern that I find myself obliged to inform you of the unhappy fate of poor Nat. He was killed the 4th instant, in an attack made by 22,000 rebels on German- town. He received his wound on the left cheek, the ball lodged near the brain. He was buried, but Mr. Marston had him dug up and carried to Philadelphia where he was interred the 6th inst.
"It must be a great consolation to his friends that (since it was God's will he should be cut off) he fell universally regretted. Also that he did not linger any time in torment. He never spoke. This is indeed a severe trial for poor Mrs. Ogilvie. God grant her fortitude to bear it. We had a number of officers
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HISTORY OF PUTNAM COUNTY.
killed and wounded. Mr and Mrs Marston and family are very well. I assure you it is impossible for me to return the partic- ular attention they honor me with. I shall always acknowledge it with gratitude. I hope your family are all well. Present my affectionate respects and love to Mrs Marston, Mrs Ogilvie, Philip and Miss Marston.
"And believe me to be Dear Fred "Your most affectionate "Wm Jehbson."
As Nathaniel Philipse was of lawful age when he died and left no will, his share of his father's estate went to his eldest brother, Adolph, who died June 8th, 1785, unmarried, and from his will dated June 2d, 1785, and proved June 24th of same year it is learned that he gave to his mother the use of one thousand pounds during her life; to Mary Saunders £250; and to Elizabeth Aymar the use of £500 till she was 21 years of age, or married, and then the principal was to be paid to her. He also gave Ann Grant and Margaret Grant £150 each.
The testator charged his entire estate with the payment of these legacies, and gave all the residue of his estate to his broth- er, Frederick Philipse, during his life, and after his death to the testator's neice, Mary Philipse, daughter of his brother Fred- erick, her heirs and assigns forever. In case she should die in her father's lifetime without issue the same was to go to Fred- erick Philipse absolutely.
He appointed his mother Margaret Ogilvie, executrix; Thom- as Belden and Richard Harrison, executors.
Mrs. Margaret Ogilvie died intestate, leaving as her sole and only heir her son, Frederick Philipse.
Both Adolph Philipse and his brother Frederick were officers in the British army. The commission of the former, as captain in an "Independent Company of Rangers" is signed by Wil- liam Tryon, the last provincial governor, and dated September 9th, 1772; while the commission of the latter, as captain in the "Safe Guards whereof Beverly Robinson is Colonel," is signed by Sir Henry Clinton, and dated July 1st, 1779. Frederick Philipse graduated from King's College, and his diploma, dated May 18th, 1773, is, with that of liis ill-fated brother Nathaniel, among the Philipse papers in possession of the family.
In 1811, Frederick Philipse released to his daughter, Mary,
FREDERICK PHILIPSE- "Captain"- (ob. 1829) From painting in possession of Philipse- Gouverneur family.
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GENERAL HISTORY.
his life interest in Lot No. 6, the fee of which she inherited by the will of his brother Adolph.
Hver. Philips ST
It will be seen by the foregoing that the whole of the High- land Patent was at the close of the Revolution vested in Beverly Robinson and his wife Susannah, Roger Morris and his wife Mary, Frederick Philipse and his daughter Mary, and Mrs. Ogil- vie. The shares of Robinson and Morris were confiscated as will be seen in a succeeding chapter. Frederick Philipse married his cousin, Mary Marston, who died in December, 1849, and by this marriage he had one child, Mary, born October 14th, 1779, who married Samuel Gouverneur about 1801. After the decease of his first wife, Mr. Philipse married Maria Kemble, who left no children. Frederick Philipse died May 3d, 1829, leaving his daughter Mary Gouverneur his sole heir. The children of Mary Philipse and Samuel Gouverneur were: Frederick Philipse, (who by an Act of Legislature' took the FRW. Philiple. Dirmi" of Fred. Philips 18:30 name of Frederick Philipse) ; Adolph Nathaniel. born Sep- tember 29th, 1805, who married Eliza- beth Gill. He died January 28th, 1853, leaving one daughter Mary, the wife of John H. Iselin; Samuel M. W., who died unmarried December 18th, 1876; Margaret Philipse, who married William Moore; and Mary Marston, who is now living at Garrisons.
Frederick Philipse, the eldest son, married Catharine Wads- worth Post. He died October 26th, 1874, leaving two daughters: Catharine Wadsworth Philipse; and Margaret Gouverneur Phil- ipse, both now living at Garrisons.
Samuel Gouverneur died January 28th, 1847, at the age of 76.
1 " An act to change the name of Frederick P. Gouverneur, passed April 7th, 1880." "Be it enacted, &c." "The name of Frederick P. Gouverneur of the town of Philipstown in the county of Putman is hereby changed to Frederick Philipse, by which latter name he shall be hereafter known in all cases what- soever."
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HISTORY OF PUTNAM COUNTY.
His wife survived him a year and died December 4th, 1848. She left her real estate to her five children.
In the old Philipse Manor House at Yonkers one feature has puzzled colonial antiquarians. Above the mantel, in the prin- cipal room, is blazoned in relief the well known ostrich plume badge of the Princes of Wales. . That the Philipses-holding their lands by favor of the Crown, high in the colonial councils of the British monarch, growing rich in the sunshine of royal patronage and confidence, ostentatiously loyal while the colony was dividing into tory and whig-should have committed a tech- nical high treason and have flung in the face of royalty so gratu- itous an insult as the unauthorized display of the badge in question would have been, is not to be imagined. That by special permission they bore the badge of the heirs-apparent of the crown is equally out of the question, since such a conces- sion would have been a matter of record and well known to the royal heralds, who have no note of this, and the fact would have been a proud memory of the family, which, however, has no tradition in such regard. The only remaining alternative is that the Philipse family blazoned the badge in their own right, independently of the Princes of Wales, not improbably from a cominon source. This is supported by the tradition corrobor- ated by historical data, that the Philipses came from Bohemia; for the current derivation of the badge of the Princes of Wales is that the Black Prince took it from the blind king of Bo- hemia conquered at Cressy. That an old Bohemian family should bear the badge in its own right is therefore easily under- stood. But a still more striking coincidence has been pointed out by Mr. Woodward, the American antiquarian, who cites the more trustworthy derivation, viz., that the ostrich plumes came into British heraldry from Philippa of Hainault, whose cogniz- ance it was. The continental method, devised among the Ro- mans, of naming all daughters by the patronym of the gens, so that the daughters of the Cornelian gens would be named in the order of seniority, Cornelia Prima, Cornelia Secunda, &c., and the heiresses of Philip all Philippas, is so well known and was so generally followed. that the coincidence, combined with that of the badge, almost proves the identity of the family from whom Philippa of Hainault took the name with that whose name has been preserved as "Philip (se)"-in itself a patronym. This combined with the identity of the other or
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GENERAL HISTORY.
Bohemian tradition (also common both to the badge of the Prince of Wales and the Philipse family) leaves it hard to doubt that the heir-apparent of the British Crown and the Vred- erick Flypsen, driven from his country because of his religion, and seeking his fortunes in New Amsterdam, derived the badge of ostrich plumes from a common source. Whether from Philippa of Hainault or the blind king of Bohemia, or neither, does not matter, since the probable cause of the varying tra- ditions as to whence the Black Prince took his cognizance is that it was derived from an older source from which it had also descended both to the blind king and the heiress of Philip.
CHAPTER IV.
THE DIVISION OF THE HIGHLAND PATENT.
U PON the decease of Frederick Philipse in 1751, the High - land Patent, by the terms of his will, passed into the possession of his four younger children; Philip, Susannalı, Mary and Margaret. The last died about 1752, without issue, and her share went to others in equal proportions. It will be seen by referring to the terms of the will that these persons did not have the estate in fee simple absolute, but that it was en- tailed, they owning simply a life interest. Before proceeding to a division of this tract, they resolved to take steps to bar the entail. The documents connected with the case are curious and interesting as showing the old forms of English law, and a complicated course of procedure which has long since passed away.
The first step in this process was to make an arrangement by which certain lands which had been leased to Petrus Dubois could be included, and the following instrument was executed.
" To all to whom these presents shall come, I, Peter Dubois, Junior, of Dutchess County send greeting. Whereas I do hold for the term of my life, out of the tract of land lately belong- ing to Adolph Philipse, Esq., deceased, in the county of Dutchess, commonly known by the name of the Highlands or Philipse's upper Patent, on the east side of the Hudson River, at the south side of the Fishkill, begining at the head of a spring by a Botten Wood tree marked on two sides with three notches, and a cross on the north side, then north westward along said spring, till it comes in a brook or run of water; then northward along said brook till it comes in the Fishkill Bay by a place called Plum Point, and then beginning again by the Botten Wood tree at the head of the aforesaid spring; thence south east to the body of the high hills; then eastward along
SUSANNAH PHILIPSE- Mrs. Robinson- ob, (1822) From painting in possession of New York Historical Society
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GENERAL HISTORY.
said hills and from the aforesaid place called Plum Point, and eastward along the said Fishkill till it includes one hundred and fifteen acres of land, between the high hills and the Fishkills, with the hereditaments and appurtenances, the immediate re- version or remainder whereof doth now belong unto Philip Philipse, Beverly Robinson, and Susannah, his wife, and Mary Philipse, and to the respective heirs of the bodys of the said Philip, Susannah, and Mary forever.
"Now, know ye that for the perfecting of some assurance shortly to be made by the said Philip Philipse, Beverly Robin- son, and Susannah, his wife, and Mary Philipse, of the said lands and tenements by way of common recovery, for and in consideration of one shilling, lawful money of New York, to me paid, I have granted and surrendered and by these presents do grant and surrender unto the said Philip Philipse, Beverly Robinson, and Susannah, his wife, and Mary Philipse, and their heirs, upon the condition hereinafter mentioned, all the said lands and tenements, and all my estate, right, title, and in- terest therein and within the bounds of the said tract of land called the Highlands or Philipse's upper Patent.
" To have and to hold to the said Philip Philipse, Beverly Robinson, and Susannah, his wife, and Mary Philipse, and their heirs, upon condition that if they, the said Philip Philipse, Beverly Robinson, and Susannah, his wife, and Mary Philipse do not pay, or cause to be paid unto me, the said Peter D. Bois, the sum of five hundred pounds, lawful money of New York, upon the first day of June next ensuing after the date hereof, that then and from henceforth this present grant and surrender shall be utterly void and of none effect, and that then it shall be lawful for me, the said lands and tenements to repossess and enjoy, as in my former estate and right, anything in these presents in any wise to the contrary notwithstanding.
"In witness whereof, I have hereunto set my hand and seal, the twenty-seventh day of June, in the twenty-seventh year of the Reign of our Sovereign Lord, George the Second, Annoque Domini 1753.
"PETRUS DUBOIS. (L. S.)"
The next step was what was styled a " deed of lease and re- lease " by which the premises were leased to a third party who was in reality the attorney for the persons interested.
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HISTORY OF PUTNAM COUNTY.
" This Indenture made the twenty-eighth day of June in the twenty-seventh year of the Reign of our Sovereign Lord, George, the Second, by the Grace of God, of Great Britian, France and Ireland, King, Defender of the Faith, &c, Anno Domini, 1753, between Philip Philipse, Beverly Robinson and Susannah, his wife, and Mary Philipse of the first part and William Alexander of the second part Witnesseth, that the parties afore said of the first part for and in consideration of five shillings to them in hand paid by the said William Alex- ander have bargained and sold and by these presents do bargain and sell to the said William Alexander all that large tract of land situate and being on the east side of Hudsons River in Dutchess County in the province of New York which by letters patent was granted to Adolph Philipse deceased which said tract of land is commonly called and known by the name of Mr. Phillipses upper or Highland patent together with the appurte- nances, which tract of land is more fully to be described in a release and deed to lead to the uses of a recovery of the premises to-morrow to be made, Together with all the estate, right, title and interest of the parties aforesaid of the first part and of every of them of in and to the said large tract of land and premises with the appurtenances.
" To have and to hold the above-bargained premises to the said William Alexander from the day before the day of the date of these presents for and during the term of one whole year from thence next ensuing to the intent that by virtue of these presents and of the Statute for transferring uses into pos- session the said William Alexander may be in the actual posses- sion of the premises and thereby enabled to accept of a grant and a release of a freehold in the premises, to morrow to be made that he may be a perfect Tenant to a precipe in a common recovery of the premises to be suffered.
" In witness whereof the parties to these presents Indentures have interchangeably set their hands and seals the day and year first above written.
" PHILIP PHILIPSE. (L. s.)
" SUSANNAH ROBINSON. (L. S.) " WILLIAM ALEXANDER. (L. S.)
" BEV. ROBINSON. (L. S.)
" MARY PHILIPSE. (L. S.)
MARY PHILIPSE- Mrs, Morris- (ob, 1825.) From painting in possession of Philipse- Gouverneur family.
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GENERAL HISTORY.
" Sealed and delivered in the presence of
" JOHN RYPEL.
" CATHERINE JANDIN."
The " Statute for transferring uses into possession," which is mentioned in the foregoing lease is very frequently mentioned in ancient deeds. By its provisions a person who held a lease of a piece of land for one year was considered in actual posses- sion, although he might never have seen it. It then became customary when selling land to parties who did not intend to enter upon actual occupancy, to give a lease for "one whole year" for a nominal sum. By this means the person in the eye of the law became actually " seized " of the premises the same as if dwelling npon it. The next day, a deed was made ont in full form, and with all the verbosity which characterized ancient conveyances of land, and which has not yet wholly disappeared, and the delivery of this deed was in effect putting the purchaser in actual possession, as much as the still more ancient form of delivery to the purchaser of a " turf and a twig " as a part and parcel of the granted premises. In accordance with this law and custom the following deed was given the next day.
" THIS INDENTURE QUINTIPARTITE, made the twenty-ninth day of June in the twenty seventh year of the Reign of our Sovereign Lord George the Second by the Grace of God of Great Britian France and Ireland King Defender of the Faith &c Annoque Domini 1753, Between Philip Philipse of the first part, Beverly Robinson and Susannah his wife of the Second part, Mary Philipse of the third part William Alexander of the fourth part and Thomas Jones of the fifth part, Whereas Colonel Frederick Philipse deceased father of the said Philip, Susannah and Mary by his last Will and Testament in his life time duly made and executed by him and bearing date on or about the sixth day of June one thousand seven hundred and fifty one amongst other things recited that there was a large tract of land situate and being on the East side of Hudsons River which by letters patent bearing date on or abont the seventeenth day of June in the year of our Lord one thousand six hundred and ninety seven was granted unto Adolph Philipse Uncle to the testator and his heirs, butted and bounded as therein mentioned refer- ence being thereunto had, which said tract of land was com- monly called or known by the name of Mr. Philipses upper or
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HISTORY OF PUTNAM COUNTY.
highland patent and which said large tract of land and the estate right and title in and to the same then belonged to and was vested in the said Frederick Philipse the Testator as heir at Law to his said Uncle Wherefore he the said Frederick by his last Will did devise and bequeath the said large tract of land with the appurtenances in the manner in the said last Will set forth that is to say, one quarter part thereof unto his said son Philip party to these presents and to the heirs of his body for- ever, one other quarter part thereof unto his eldest Daughter Susannah party to these presents and to the heirs of her body forever. One other quarter part thereof unto his second daugh- ter Mary party to these presents and to the heirs of her body forever, and the other quarter part thereof unto his youngest daughter Margaret Philipse since deceased and to the heirs of her body forever, and the said Frederick the Testator by his said last Will did provide that if his said son Philip Philipse or any or either of his said daughters should happen to die withont issue then and in such case the quarter part or parts thereby devised to him her or those of them so dying without issue he did Will devise and bequeath unto the survivor of them equally to be divided between them and to the respective heirs of their body forever and if three of them should happen to die without issue then he willed devised and bequeathed the three quarter parts of those so dying without issue unto the sur- vivor of them and to the heirs of the body of such survivor forever with sundry further remainders over upon the contin- gencys therein mentioned as by the said last Will duly proved and remaining of record in the Secretary's Office of New York, reference being thereunto had fully and at large may appear.
" Now this Indenture Witnesseth that (in order to the bar- ring and docking the said Intails and remainder over) the parties aforesaid of the first second and third part for and in consideration of the sum of five shillings to them in hand paid by the said William Alexander the receipt whereof they do hereby acknowledge and discharge him thereof for ever have granted bargained sold released enfeoffed and confirmed and they and every of them by these presents do grant bargain sell release enfeoff and confirm to the said William Alexander party hereto (the same in his possession being by virtue of a bargain and sale to him thereof made bearing date the day be- fore the day of the date of these presents and by virtue of the
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