USA > New York > Putnam County > History of Putnam County, New York : with biographical sketches of its prominent men > Part 6
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MARGARET PHILIPSE- (ob. 1752)
From painting in possession of Philipse- Gouverneur family,
ARTOTYPE, E. BIERSTADT, N. T
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GENERAL HISTORY.
Statute for transferring uses into possession) and to his assigns all the said large tract of land situate and being on the east side of Hudsons River which by the Letters patent aforesaid was granted to the said Adolph Philipse which said tract of land is commonly called and known by the name of Mr. Philipse's upper or highland patent, together with all the estate right title and interest of the parties aforesaid of the first second and third part of it in and to the same and every part thereof with the appurtenances.
"To have and to hold the above bargained and released premises unto the said William Alexander and his assigns for and during the natural lives of the parties aforesaid of the first, second and third part to the intent and purpose that the said William Alexander shall and may be perfect tenant of the Freehold of all the lands and premises above mentioned until one good and perfect recovery may be had against him the said William Alexander of the same lands and premises, and it is covenanted, granted, concluded and agreed by and between all the said parties to these presents that it shall and may be law- ful to and for the said Thomas Jones party hereto of the fifth part, before the last day of October term next ensuing the date of these presents to prosecute out of the high Court of Chan- cery for the province of New York one or more Writt or Writts of entry Sur Disseizin in Le port against the said William Alexander returnable in the Supreme Court of New York, whereby the said Thomas Jones shall and may demand against the said William Alexander all and singular the aforesaid premises with the appurtenances by the name of five hundred messuages, twenty mills, twenty dove houses, five hundred gar. dens, two hundred thousand acres of land, one hundred thous- and acres of meadow, two hundred thousand acres of pasture, two hundred thousand acres of wood, thirty thousand acres of Marsh, ten thousand acres of land covered with water and com- mon of pasture for all cattle, with appurtenances at Philipses upper patent and Philipses precinct and in Dutchess, or by such other name or names, quantity or quantitys, quality or qualitys, number or content of acres, as shall be thought fitt and requisite, unto which said Writ or Writs, the said William Alexander shall appear in his proper person and shall vouch to warrant the said Philip Philipse herein first named who shall appear gratis upon the voucher and shall enter into warranty
46
HISTORY OF PUTNAM COUNTY.
and shall vouch over to warrant the said Beverly Robinson and Susannah his wife who shall also appear gratis upon the voucher and shall enter into warranty and shall vouch over to warrant the said Mary Philipse party to these presents who shall also appear gratis upon the voucher and shall enter into warranty and shall vouch over to warrant the common vouchee and the common vouchee shall appear and Imparte and afterwards make default whereby one recovery or judgment may be had and given for the said Thomas Jones for recovery of the said lands tenements hereditaments and premises aforesaid against the said William Alexander and for the said William Alexander to recover over in value against the said Philip Philipse. first named and for the same Philip Philipse to recover over in value against the said Beverly Robinson and Susannah his wife and for the same Beverly Robinson and Susannah his wife to recover over in value against the said Mary Philipse party to these presents and for the said Mary Philipse to recover over in value against the common vouchee according to the manner and form of common Recoverys in such case used, and it is further cove- nanted, granted concluded and agreed by and between all and every of the said parties to these presents and the true intent and meaning of the parties to these presents is that from and immediately after the said common Recovery shall be had prose- cuted and suffered as aforesaid of the said premises the said Recovery shall be and enure and. it is hereby declared to have been intended to be and enure that the said Thomas Jones and all and every other person or persons which shall be seized of the premises or any part thereof by force and virtue of the said common Recovery shall stand and be seized thereof and of every part and parcel thereof with their and every of their appartenances to the uses following to witt, as for touch- ing and concerning one third part .(the whole in three equal parts to be divided) of all the said lands and premises, to the sole and only proper use benefit and behoof of the said Philip Philipse, party to these presents of the first part his heirs and assigns forever and as for touching and concerning one other third part (the whole in three equal parts to be divided) of all the said lands and premises to the sole and only proper use. benefit and behoof of the said Susannah party to these presents of the second part, her heirs and assigns forever, and as for touching or concerning the remaining third part (the whole in'
47
GENERAL HISTORY.
three equal parts to be divided) of all the said lands and prem- ises to the sole and only proper use, benefit and behoof of the said Mary Philipse party to these presents of the third part her heirs and assigns forever and to no other use, intent or purpose whatsoever.
"In Witness Whereof the parties to these present 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.)
"THOMAS JONES. (L. S.)"
The role in the action of Thomas Jones against William Alex- ander is not on file in New York county or Albany, and the only trace of the action of ejectment contemplated in the fore- going that has been found is in the rough minutes of the Supreme Court of the Province of New York for 1753, where the following appears at pages 271 and 292:
"Mr. Chief Justice DeLancey took his seat on the bench.
THOMAS JONES, Demandant,
against
WILLIAM ALEXANDER, Tenant.
"On writ of entry sur Dissiezin in le port for Tenements and Commons in Dutchess County.
"The writ returned and filed, the demandant appears in his proper person and prays the tenant may be called. The tenant being called appears in his proper person. The demandant counts against him.
"The tenant vouches Philip Philipse to warrant: Philip Phil- ipse appears gratis in his proper person. Philip Philipse present in Court enters into warranty and prays that the de- mandant may count against him, the said Philip Philipse. The
48
HISTORY OF PUTNAM COUNTY.
demandant counts against Philip Philipse. Philip Philipse vouches to warrant Beverly Robinson and Susannah, his wife. Beverly Robinson and Susannah his wife begin called appear gratis in their proper person, and the said Susannah being first examined by the Court, the said Beverly Robinson and Susan- nah his wife enter into warranty and pray that the demandmant may count against them. The demandmant counts against Bev- erly Robinson and Susannah his wife. Beverly Robinson and Susannah his wife vouch to warrant Mary Philipse. Mary Philipse being called appears gratis in her proper person. Mary Philipse present in Court enters into warranty and that the demandmant may count against her: the demandmant connts against Mary Philipse. Mary Philipse vouches to war- rant Thomas Wenman: Thomas Wenman being called, appears in his proper person. Thomas Wenman present in Court enters into warranty and prays that the demandmant counts against him. The demandant counts against Thomas Wenman. Thomas Wenman, present in Court, pleads that Hugh Hunt did not dis- seize the said Thomas Jones, as by the writ and count it is alleged. The demandmant prayed leave to imparle; granted by the Court. The Remembrance Roll in this cause marked at the bar filled, on which are entered the precipe, writ of entry and sheriff's return. Afterwards the demandmant returned into Court, and Thomas Wenman being called, did not appear, therefore judgment is entered."
" Present-The Hon. John Chambers, Esq., Second Justice.
THOMAS JONES, Demandant,
against WILLIAM ALEXANDER, Tenant.
-
"On the Writ of Seizin in this cause, the Sheriff of Dutchess County, returns that on the second day of August, instant, he had cansed the demandmant to have plenary seizin of the mes- suages, tenements and common in the said write specified with the appurtenances. Writ of Seizin with return filed enrollment
49
GENERAL HISTORY.
of writ of entry and return recovery. Writ of Seizin and return examined and signed by Mr. Justice Chambers are now filed and exemplification thereof made and delivered to the demandant."
The lands were thus freed from the incumbrance of the entail- ment and we now have premises owned by Philip Philipse, Mary Philipse and Susannah Robinson (wife of Beverly Robin- son); each an equal share in fee simple absolute.
In 1754, Philip Philipse, Mary Philipse and Susannah Robin- son divided the tract described in the grant to Adolph Philipse into nine lots, and made an actual partition of the same.
The following is a copy of the partition deed for lot No. 8 and other lots, executed by Mary Philipse and Susannah Rob- inson to Philip Philipse:
" This Indenture made the seventh day of February in the twenty-seventh year of the Reign of our Sovereign Lord George the Second by the Grace of God of Great Britain France and Ireland King Defender of the Faith &c annoq Dom 1754 Between Beverly Robinson and Susannah his wife and Mary Philipse of the first part and Philip Philipse of the Second part-Whereas the said Susannah Robinson Mary Philipse and Philip Philipse are and Stand seized in Fee Simple in Common of all that certain Tract or parcel of Land granted unto Adolph Philipse then of the City of New York Merchant by his late Majesty King William the third by Letters Patent under the Great Seal of the Province of New York bearing date the Seventeenth day of June in the Year of Our Lord one thousand six hundred and ninety-seven, in Dutchess County Scituate lying and being in the High Lands on the East side of Hudson River beginning at a certain red Cedar Tree marked on the north side of the Hill commonly Called Anthony's Nose, which is likewise the North Bounds of Collo Stephanus Van Courtlandts land on his Mannor of Courtland and from thence bounded by the said Hudson River as the said River runs Northerly until it comes to the Creek or run of water called and known by the name of the Great Fish Kill to the northward and above the said highlands which is likewise the south-ward Bounds of another Tract of Land belonging to the said Collo Stephanus Courtland and Company and so easterly along the said Court- landts Line and the South bounds of Collo Henry Beekman until it comes twenty miles or unto the Division or partition line between the Colony of Connecticut and the said Province
4
50
HISTORY OF PUTNAM COUNTY.
and Easterly by the said Division line and bounded northerly and southerly by east and west lines unto the said Division line Between the said Colony of Connecticut and the province aforesaid the whole being bounded westward by the same Hud- son River Northward by the land of Collo Courtlandt and Com- pany and the land of Collo Beekman, eastward by the partition line between the Colony of Connecticut and the Province of New York and southerly by the Mannor of Courtlandt to the land of the said Collo Courtlandt including therein a certain Island at the North side of the said Highlands called pollepels Island with the Hereditaments and Appurtenances thereunto belonging as by the said Letters Patent Relation being there- unto had may more fully and at Large Appear. And Whereas the said parties to these presents have by Jonathan Hampton their surveyor divided the greatest part of the said Tract or parcel of Land and distinguished the same by Lotts made and described Signed and delivered to the said Parties by the said Johnathan Hampton and left in the hands of Beverly Robinson Party hereto for the use of himself and the other parties to these presents their Heirs and Assigns when reasonably there- unto required by any of the other parties their heirs or Assigns and in order to an equal Division of the same have according to divers Assortments made by the said Johnathan Hampton drawn their several Lotts whereupon the Lots Number Two Number Six and Number Eight (Except two thirds of the Meadow in the said Lot Number Two hereinafter described) protracted and laid down in the said Map do now belong to the Lott and share of the said Philip Philipse and are butted and bounded as follows, to wit Lott Number Two beginning at a pine Tree standing on the East Side of Hudsons River Markt P. R. and a heap of stones twenty-two chains below a noted Rock called the Old Wife lying in the Mouth of a Brook, which is the North west corner of Lott Number one then South sixty five degrees East eighty three Chains to a heap of stones on the Top of a hill then North Seventy three degrees East one hun dred and seventy four chains to a Chestnut tree marked P R 1753 on the west side standing in the line of Lott Number Four on the East Side of a steep Rocky Mountain, and in the North east Corner of Lott Number One, from thence North Ten de- grees east along the Line of said Lott number four, three hun- dred and fifty-seven Chains to a heap of Stones and a Walnut
51
GENERAL HISTORY.
bush markt P. R. 1753 on a mountain being the Southeast cor- ner of Lott number three, then South seventy seven degrees. West three hundred and eighty six chains along the Line of Lott number Three to Hudsons River where stands two Hemlock bushes markt P. R. in a Gully between Bull Hill and Breakneck Hill then down the several courses of Hudsons River (Including Martler's Rock) to the place where it first began containing Eleven thousand six hundred and Forty four Acres. Lott Num- ber Six beginning at a heap of stones at the Southeast corner of Lott Number Five in the line of the Mannor of Courtlandt then North Ten Degrees East Nine hundred and sixty chains to a heap of stones at the Northeast Corner of said Lott Number Five, then North eighty seven Degrees east Two hundred and Thirty nine Chains to a heap of Stones and White Oak Tree markt P R 1753 on the West side of a Mountain twenty Chains east from John Campbells House, which is the North West corner of Lott Number Seven, then South Ten Degrees West nine hun- dred and seventy three Chains to a Hemlock Tree markt P. R. 1753 on the South side of the East Branch of Crotens River and a heap of stones on the north side of said Branch in the line of the Mannor of Courtlandt at the Southwest corner of Lott Number nine then West along the Line of the Mannor of Courtlandt two hundred and thirty six Chains to the beginning, containing about twenty two thousand six hundred and thirty three Acrees. Lott number eight beginning at a heap of Stones in a Cleared Field in the line of Lott number Six being the Southwest corner of Lott number Seven then running east three hundred and thirty four chains to a large Rock and heap of Stones standing in the Road two Chains South from Nathan Burchams House in the Oblong line, then Southerly along the Oblong line three hun- dred and twenty chains to a Chestnut Bush markt P. R. 1753, being the Northeast Corner of Lott Number nine then West three hundred and thirty-seven Chains to a heap of Stones and Walnut Tree markt P. R. 1753 standing on the South Side of a Hill near the Old Meeting House in the line of Lott number six, from thence North Ten Degrees East three hundred and twenty chains along the line of said Lott number Six to the beginning, containing about ten thousand six hundred and thirty five acres. Now This Indenture Witnesseth that the parties aforesaid of the first part for and in Consideration of Mutual Grants and Re- leases from the said Philip Philipse to them the said Susannah
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HISTORY OF PUTNAM COUNTY.
Robinson and Mary Philipse and to their Representative Heirs and Assigns of Divers other Lotts and Parcels of Lands in and by the said recited Letters so as aforesaid Granted and also for and in Consideration of the sum of ten shillings to them in hand paid by the said Philip Philipse the receit whereof they do here- by acknowledge and thereof and therefrom do acquit and dis- charge the said Philip Philipse his Executors and Administra- tors have granted bargained sold aliened conveyed Released and Confirmed and by these presents do Grant Bargain Sell aliene Convey Release and Confirm unto the said Philip Philipse his heirs and assigns all and Singular those Lotts and parcels of Land before mentioned to belong to him the said Philip Philipse as they are above and in the said Map described and all and Sin- gular the Hereditaments and Appurtnances thereunto belonging or in any wise appertaining (Excepting and Reserving out of the said Lott number two, two-thirds of the Meadow Land one of which two thirds doth belong to the Lott and share of the said Susannah Robinson and is butted and bounded as follows to witt beginning Ten chains north thirty nine Degrees East from a Large Pine Tree standing on a Rocky Point on the South east side of the Meadow Markt P. R. 1753 on the West side and from thence running North West across Crooked Creek to the upland upon Martlers Rock then running southerly along the Edge of the Upland to Hudsons River then easterly along Hudsons River until the beginning bears North thirty nine Degrees East then to the beginning place containing Seventy two Acres and the other of which doth belong to the Lott and share of the said Mary Philipse and butted and bounded as follows to witt begin- ning five chains from the upland upon Danfords Creek five chains also from the upland down Crooked Creek to the meadow belonging to Lott number one then North west to Martlers Rock then along the upland the North side of a little Island in the Meadow to the Mouth of Danfords Creek then up the said Creek to the beginning containing Eighty two acres) together with all the Woods Underwoods Trees Timber Feedings pastures Meadows Marshes Swamps ponds Water Courses Rivers Rivu- lets Runs and Streams of Water Fishing fowling Hunting Hawk- ing (Excepting and Reserving all Mines and Minerals whatso- ever) standing growing lying being or found or to be used had and enjoyed within the Bounds and Limitts of the respective Lotts and parcels of Land above described and mentioned to be
53
GENERAL HISTORY.
the Share of and belonging to the said Philip Philipse (except and Reserving as before is Excepted and reserved) and all other profitts Benefits privileges Liberties Advantages Hereditaments and Appurtenances whatsoever unto the said Lotts or parcels of Land Rights and Premises and each and every of them be- longing or in anywise appertaining as fully and effectually to all interests and purposes As by the said Recited Letters Patent to the said Adolph Philipse the same are granted and Conveyed. To have and hold the said several Lotts or parcels of Land Right and Premises with their and every of their Appurtenances (Ex- cept as before is Excepted) to the said Philip Philipse his heirs and Assigns to the only proper nse benefit and behoof of him the said Philip Philipse his heirs and Assigns forever Yielding and paying therefor Yearly and every year his proportionable part of the Quit rents in and by the said Letters Patent re- served at such time and place as by the said Letters Patent is directed and appointed And he the said Philip Philipse for him- self his heirs Executors Administrators and Assigns doth Cove- nant Grant promise and agree to and with the said parties of the first part and every of them and every of their Executors Administrators and Assigns that he the said Philip Philipse his heirs Executors administrators or assigns shall and Yearly and every Year forever hereafter well and truly yield render and pay or cause to be yielded rendered and paid unto his Majesty his heirs and successors at the City of New York on the Annuncia- tion of the blessed Virgin Mary the full and equal third part of the Quit Rent in and by the said Letters Patent reserved and made payable that is to say the Yearly Rent of Six Shillings and Eight pence according to the true intent and meaning here- of. And further that he the said Philip Philipse shall and will from time to time and at all times forever hereafter well and suf- ficiently save harmless and keep indemnified them the said parties of the first part and each and every of them their and each and every of their Goods and Chattels Lands and Tene- ments of from and against all costs charges and damages which may accrue or which they or either of them their or either of their Executors or administrators shall or may happen to sus- tain by Reason or means of his the said Philip Philipse not paying the said one third part of the said yearly Quit rent as aforesaid according to his Covenant and Undertaking aforesaid and the true intent and meaning of these Presents. And the
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HISTORY OF PUTNAM COUNTY.
said Mary Philipse for herself her heirs Executors and Admin- istrators and the said Beverly Robinson for himself his heirs executors Administrators and for the said Susannah his wife do Severally and Respectively promise Covenant and agree to and with the said Philip Philipse his heirs and assigns that they severally have not done any Act Matter or thing whereby the premises hereby Granted or Released or any part thereof are or may be any ways impeached Charged or incumbered in Title estate or otherwise.
" In Witness whereof the said Parties to these Presents have hereunto interchangeably set their hands and Seals the Day and Year first above written.
" PHILIP PHILIPSE. (L. S.)
" BEV. ROBINSON. (L. S.)
" SUSANNAH ROBINSON. (L. S.)
" MARY PHILIPSE. (L. S.)
" Witnesses.
" WILLIAM LIVINGSTON.
" EBENEZER BRYANT."
PARTITION DEED TO MARY PHILIPSE.
"This Indenture made the seventh day of February in the Twenty seventh year of the reign of our sovereign Lord George the Second by the Grace of God of Great Britain France and Ireland King Defender of the faith &c Annoq Domini one thousand seven hundred and fifty four Between Philip Philipse and Beverly Robinson and Susannah his wife of the first part and Mary Philipse of the second Part Whereas the said Philip Philipse Susannah Robinson and Mary Philipse are and stand seized in ffee simple in common of all that certain tract or par- cel of land granted unto Adolph Philipse then of the City of New York Merchant by his late Majesty King William the third by his Letters patent under the Great Seal of the Prov- ince of New York bearing date the seventeenth day of June in the Year of our Lord one thousand six hundred and ninety seven, in Dutchess County situate lying and being in the high- lands on the east side of Hudsons River, beginning at a cer- tain red cedar Tree Marked on the north side of the Hill com- monly called Anthonys Nose which is likewise the North Bounds of Collo Stephanus Van Courtlandts Land on his Man-
55
GENERAL HISTORY.
nor of Courtlandt and from thence bounded by the said Hudsons River as the said River runs northerly until it comes to the Creek River or Run of Water called and known by the name of the great Fish Kill to the Northward and above the said highlands which is likewise the Southward Bounds of another Tract of Land belonging to the said Collo Stephanus Courtlandt and Company, and so Easterly along the said Courtlandts line and the south bounds of Collo Henry Beekman until it comes twenty Miles or unto the Division or partition Line between the Colony of Connecticut and the said Province, and Easterly by the said Division Line, and being bounded northerly and southerly by East and West Lines unto the said Division Lines between the said Colony of Connecticut and the Province afore- said, the whole being bounded Westward by the said Hudsons River, Northward by the land of Collo Courtlandt and Com- pany and the land of Collo Beekman, eastward by the partition line between the Colony of Connecticut and the Province of New York, and Southerly the Mannor of Courtlandt to the land of the said Collo Courtland, including therein a certain Island at the north side of the High Lands called Polepels Island, with the Hereditaments and Appartenances thereunto belonging as by the said Letters Patent relation being thereunto had may more fully and at large appear.
" And Whereas the said Parties to these Presents have by Jonathan Hampton their Surveyor divided the greatest part of the said Tract or parcell of land and distinguished the same by Lotts made and Described, signed and delivered to the said parties by said Jonathan Hampton and left in the hands of Beverly Robinson party hereto for the use of himself and the other parties to these Presents their Heirs and Assigns when reasonably tlereunto required by any of the other parties, their heirs or assigns and in order to an equal Division of the same have according to divers assortments made by the said Jona- than Hampton drawn their several Lotts. Whereupon the Lotts numbered Three, number Five Number Nine and one third part of the Meadow Land Lying in Lott Number Two pretracted and lay'd down in the said Map do now belong to the Lotts and share of the said Mary Philipse and are butted and bounded to Witt, Lott number Three beginning at Two Hemlock Bushes standing in a gully between Bull and Breakneck Hills on the East side of Hudsons River, and from thence running North
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