USA > New York > Suffolk County > History of Suffolk county, New York, 1683 > Part 84
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" Here lies burried ye body of Obadiah Smith, son of Richard and Sarah Smith, aged about 20 years, drowned on the 7th day of August 1680."
This was the first white man buried in Smithtown. The patentee's grave is near his, but is not marked by any stone.
Elizabeth, the eldest daughter, married Colonel Wil- liam Lawrence, one of the patentees of Flushing. She was his second wife, and by her he had several children. Her marriage license was granted by Governor Nicolls, and is to be found in the office of the secretary of state
book of general entries No. 1, page 98. Her husband died in 1680, and in 168r she married Philip Carteret, gov- ernor of New Jersey; she removed to that province and there brought up her seven young children by her first husband. The town of Elizabeth was named after her. She was an intelligent and attractive lady, but always had a keen eye to business. In contracting marriage with Carteret she took care to preserve hier own separate estate. Her ante-nuptial contract is recorded in the Queens county clerk's office. Carteret died, and by will dated December roth 1682 gave all his property in this country to his wife. She afterward married Colonel Richard Townley, her third husband, who came over in the suite of Lord Effingham Howard, governor of Vir- ginia, in 1683, and settled in Elizabethtown. The en- comium passed on this lady by Thompson probably be- longed in part to Lady Carteret wife of Sir George Carteret.
Deborah, the youngest daughter of the patentee, mar- ried William Lawrence 2nd, the son of her eldest sister Elizabeth's husband, of Flushing, and from her is de- scended the numerous Lawrence family in and around Flushing.
The six sons of the patentee all had families. They appear on the Smithtown tax roll in 1683 as follows:
SMITH'S TOWNE ESTIMATIONS SEPT YE 28 1683.
Heads.
Oxen.
Cowes.
3 yr olds. | 858
2 yr olds. 18888
1 yr olds. |
Horses.
2 yr olds.
1 yr olds. 1 8888
Swine.
Sheeps.
.
Richard Smith. Sen
00 60 100
858
05 00 01 00 80 04
304 06 08
Richd Smith Junr
03|33 06
00 00 00 30 06
306 00|00
Job Smith ...
01 13 04
00100 00100 14:00
092 00100
Adam Smith.
()] 09 06 03 00
100 01 05 00 00 00 08 00
147 10 00
Sam Smith.
01 15 04 02 04 01
03 04 00 00 00 25 00
158 10:00
Daniel Smith
01 12 05 04 00 00 00 03 |00 00 00 14 00
130.00100
1,340
Which at 1d. p. pound amounts to ye sum of 05,10,08
Endorsed
"The Estimation off Smith's Towne."
From this it appears that the Bull-Rider had disposed of his bull before the tax-gatherer came round.
.
WILLS OF THE PATENTEE AND WIFE.
During his life he conveyed to his sons tracts of land in various parts of the town. He died at Nissequogue, March 7th 1692, and was buried in the family burying ground there. He left a will dated March 5th 1692, in which, after making some bequests and devises, he gives all his real estate with almost exact equality among his children, except Elizabeth. The following is a copy:
" March ye 5th 16972. In ye name of God, Amen. I Richard Smith Senr. of Smithtown in ye County of Suf- folk on Long Island, in ye Province of New York, being sicke & weake in body but of sound and perfect memory thanks be to God, calling to mind ye uncertain state of this life and that we must submit to God's Will when it shall please him to call us out of this life, doe make, constitute and ordain this our last will & testament, hereby revoking & annulling any former or other Will or Testament made by us either by word or writing.
" Imprimus We give our soules to God who gave them & our bodyes, being dead, to be decently buried in such place and manner as to our Executors hereafter named shall seem convenient. and as for ye lands, goods
00 00 20
20
201 13 4
Jonath. Smith.
02 25 06
Lambs.
3. yr olds. | 888
IO
THE TOWN OF SMITHTOWN.
& chattells wherewith it has pleased God to endue us withall, our Just debts & Legacyes being first paid, we order and dispose in manner and forme following:
"It'm. To Jonathan Smith our oldest son we give & bequeath our house, barn & orchard joyning to his home lot, and ye homestad as far as ye old fence Northward and halfe way from ye said house to Samuell's house and thence to ye West end of ye barne, and ye wood close on ye East side of ye little brooke over against ye house, and forty acres of land more than his equall share in division with ye rest of our children, and that lot of meadow over against ye hill on ye West side of ye River.
" It'm. To our son Richard we give & bequeath our negro Harry and an equall share of land in division with ye rest of our children.
" I'm. To our son Job we give & bequeath our negro Robin for ye terme of twelve yeares and an equall share of land in division with ye rest of our children, and at ye end of sd twelve yeares the said Robin shall be free.
" It'm. To our son Adam we give an equall share of Land in division with ye rest of our children.
" It'm. To our son Samuell Smith we give & bequeath ye orchard Southward of the house, & half ye pasture bounded by ye little Creek, ye Eastward parte thereof, & ye lower or northward most fresh island on ye East side of ye river, with an equall share of land in division with ye rest of our children, and the swamp called ye North swamp, with ye land on ye East side which is fenced.
" It'm. To our son Daniell we give and bequeath ye other halfe of ye pasture Southward of his house, ye westward part of it, and an equall share of land in di- vision with ye rest of our children; & our will is that James Necke shall be and remaine for ye use & improve- ment of my six sons above sd & their beires forever.
" It'm. To our daughter Elizabeth Townley we give & confirme that land & meadow at a place called Sunk Meadow as it is mentioned in a deed made by us, & also ye one halfe of my cloathing.
" It'm. To our daughter Lawrence we give & bequeath an equall parte & share of land in diwte ye rest of our children where it shall be most suitable & convenient; also ye other halfe of my clothing.
"Lastly we do hereby nominate and appoint our be- loved sons Jonathan & Richard Smith Executors of this our last Will & Testament, to pay all our just debts and to make an equall partition amongst all our children of all ye goods & chattels & what moveable estate shall be left.
"In Witness whereof we have hereunto set our hands & seales the day & year above name.
" RICHARD SMYTHE [Seal]. "SARAH SMYTHE [Seal].
" Sealed & delivered in presence of John Roe, Jona- than Lewis, Thomas Helme."
This will appears to have been regularly proven May 2nd 1693 in the prerogative court, but for many years the book containing it could not be found. Hence it was supposed by Thompson that the will recorded in Boston was the will of this Richard, and by others that he left no will. By the research of that industrious and indefatigable antiquarian Charles B. Moore of New York, the book was found among the papers of Eleazer Latham of Southold, who deposited it in the county clerk's office accompanied by the following letter:
" To the County Clerk or Surrogate of Suffolk County:
"SIR: I am informed that Colonel William Smith was appointed judge of the prerogative court for Suffolk
county on 15th May 1691, and was succeeded by Giles Sylvester on 13th June 1706.
"I understand that the clerk of the court of sessions or county clerk was the clerk of this court, and that Thomas Helme was such clerk in 1691 or 1692 and for about ten years afterward. William Smith (of the judge's family) was clerk from 1730 until 1739.
" After the Revolutionary war the Hon. Ezra L'Hom-' medieu was county clerk under the new State govern- ment from 1784 to 1810, and again in 1811. He died 27th September 1811. My father, Thomas S. Lester, was an executor of Mr. L'Hommedieu's will, and had charge of some of his books and papers. My father died 13th Sep- tember 1817, when I was only six years of age. After I came of age some of my father's papers came to my hands, and among them this book of wills, &c. It has been carefully preserved. I have no doubt it is a genu- ine and original record book; the last page 'entered April 25th 1733' in the handwriting of the then clerk, William Smith, and the other entries embracing the dates from 25th May 1691 to rst April 1703, doubtless in the handwriting of Thomas Helme. The parchment cover is of later date, 1762, and may be supposed to have come from the old county clerk's office. Where the book be- longs I do not know, but I conclude that it should be re- turned and deposited in the county clerk's office, or else in the surrogate's office, and I accordingly send it here- with; wishing your receipt, stating that you will place it among the records of your office for preservation.
" Respectfully,
" THOMAS S. LESTER."
This book is now known in the county clerk's office as "Latham's Book of Wills," and contains many records which were before its recovery supposed to be lost and which form the foundation of many titles to real estate in this county. The will of the patentee is at page 29. It appears to have been the custom in those days for the wife to join in her husband's will. Sarah his wife exe- cuted the will with him. She appears to have claimed a joint interest with him in the property and the right to dispose of it by will. She resided in the old family mansion and died there, having first made her will, as follows:
"In the name of God, Amen. I Sarah Smith, relict of Richard Smith Sen., deceased, of Smithtown in ye County of Suffolk & in ye province of New Yorke, Doe make my last Will and Testament in manner following: First. I commit my soul into ye hands of God wch gave it, and my body to a decent buriall at ye discresion of my Executor hereafter named, in comfortable hopes of a happy and glorious resurection thro. the power & merits of my Lord & Saviour Jesus Christ. And as for my outward estate, after debts and my funerall charges are paid, I give and bequeath as followeth: Imp. I give and bequeathe to my son Richard Smith his eldest son Rich- ard all the houses, orchards, and all my lands that my husband left me in ye possession of, & that I am at this present in possession of, he yielding and paying me ten pounds a year & yearly as long as I shall live, & at my death to have ye above mentioned premises, & his heirs forever, with all the priviledges and accommodations thereunto belonging. I also give to my daughter Eliza beth one trunk, with all my linen & wearing clothes. I give to my son Richard's two daughters my silk whod & scarfe. I give a Necke called James Necke to be equally- divided amongst my six sons, Jonathan, Richard, Job, Adam, Samuel and Daniell. I give my son. Richard's eldest sonne my blunderbus. I give my son Richard's.
II
THE TOWN OF SMITHTOWN.
wife my cloake; I give all ye houshold stuff not here be- the year 1725 to be good. We also agree that ye six queathed to be equally divided amongst my six sons hundred acres which is upon the record should be the above mentioned. I give m. George Phillips a Cow; & all ye rest of my stock to be equally divided amongst my six sons above mentioned; it must be understood that what I have given my son Richard is to oblige him to quitt and null all debts yt he pretends is owing to him by my husband or myselfe, so it may prevent future dif- ference among my children; and also all ye rest of my children to null & void all debts from husband or my- selfe & to acebt of what I have given them in full satis- faction. I desire also what I gave to Mary Petreche she may have it, & to be maintained equally amongst my children.
" I hereby null & revoke all former wills & instruments whatsoever, & constitute & appoint my well beloved son Richard Smith to be my executor & to take care & see that this will be to the true intent of it performed.
"I testimony hereof that this is my last will & testa- ment I have hereunto affixed my hand and seale this twentieth day of Jan'y 17078.
her "SARAH X SMITH [Seal].
mark
"Signed, sealed and declared to be her last Will & Testamt. in presence of us Witnesses,
"GEORGE PHILLIPS,
"ELIAS NODINE."
Recorded in the Suffolk county clerk's office, Liber B, page 25 *.
THE DIVISION OF LANDS BY COMMISSIONERS.
The sons of the patentee made numerous exchanges and conveyances between themselves, and in 1735 liis grandchildren entered into an agreement appointing three commissioners to divide the unappropriated lands, as follows:
"Articles of Agreement made this 13th day of March Annoq. Dom. 1735 by the Inhabitants, freeholders and commoners of the land in Smithtown. att a meting apointed have agreed to nominate and appoint Richard Woodhull, Esq., and John Hallock of Brookhaven, James Dickinson and Richard Willitts of Smithtown, George Townssen, surveyor, to lay out and judge of & equelise all the free holders and commoners in ye un- divided lands and thatchbeds according to their just rights therein. wee further agree that every person having a right in ye said lands shall keep his just, lawful and reasonable improvement. now wee also agree that any person having ouer or above his just Right, so that all ye owners or free holders cannot be equallised in land, then and in such cases it is agreed on that the persons so chosen and improved for the equallising and deviding the above sd land and thatchbeds shall judge and determine whether such persons haveing such lands shall turn out the lands or pay the valey of itt in money within six months after ye judgment of the said men to the persons to whom itt is. Due. wee also agree that good and Lawful deeds made by our grandfather Richard Smith shall stand good. which said men are to have all Deeds to lay out by; & Whereas their is ocqupation Deeds by our grandfather Richard Smith granted to his sons, wee alow them to be good as far as evidence and circumstances shall prove was in each persons possession & improvement att the time when given & granted; & also our grandfather's will and our agreement made in
whole of Willetts' Right. We also agree that any three of the men above said shall be chosen by the major part of us ye subscribers from time to time till ye whole divis- ion be accomplished; which said men so chosen & im- proved as aforesaid shall have full power to survey, Lay out, Judge of & equelise all the commons Lands and thach beds to every person according to their just Right, and ye same equalising and deviding to be given under their hands in writing to whome itt doth concern. & itt is further agreed on that in case of sickness, Death or refusall of either of ye fore said persons, then and in ' such cases wee the major part may chuse and improve other men for ye same service, they having the same power to servey, judge of and equalise as afore- said. itt is also agreed by us that such men so chosen and imployed as aforesaid shall judge of and Determine all Diferences and controversies, Dis- putes which may or shall hereafter arise, conserning Laying out and equalising ye above said Land and thachbeds. itt is hereby covenanted & agreed and con- cluded by all and every of us the subscribers to these presents that wee and every of us doe hereby covenant, grant and agree to and with each other for ourselves our heirs Exr. & Admr. & each of us separately doth cove- nant and agree to and with ye other of the subscribers, their heirs, executors and Administrators, to pay our full proportion of the charges of Laying out, Deviding & equalising ye land & thach beds according to our rights; & if any person or persons concerned will not agree to a division in manner aforesaid that wee or ye major part of us will use such methods by Law, equity, or other wise to compell them to a Division of the aforesaid land and thachbeds. for all which every person hereto subscribing shall and will pay to such person or persons as by the major part of us shall be nominated and ap- pointed to Demand and Receiv the same our respective equal and proportionable part of all such charges, costs, expenses & Disbursements as shall be occca- sioned by the premises from time to time untill ye same shall be accomplished, and compleated; and for the true performance of all & every part of ye above writen arti- cles, covenants, agreements and conditions all and every of us the subscribers, each for himself and for his heirs, Executors and Administrators, Doth covenant, grant and agree to and with all and every of us the subscribers, our heirs, executors, administrators of all and every of them, and Doth bind himself and themselves each to the other Respectfully on the forfeiture of three hundred pounds good money of New York, to be paid by the party fail- ing to observe & comply with all & every part of the above said covenantes, articles, conditions and agree- ments to ye party or partys performing or willing to per- forme. in Witness whereof wee ye subscribers have put to our seals the day & year above written.
" DANIEL SMITH. JONATHAN SMITH.
" EDMUND SMITH. JOB SMITH.
" EBENEZER SMITH. RICHARD SMITH.
" RICHARD SMITH. AARON SMITH.
" ZEPHANIAH PLATT.
OBADIAH SMITH.
" JOSEPH SMITH.
" TIMOTHY SMITH.
DANIEL LAWRENCE.
"Sealed in presence of
" SHUBEALE MARCHANT.
" CHRISTOPHER CROSGROVE.
"NATHAN CURREN.
" RUTH SMITH."
The rights of the several signers to this agreement are set out in a document found in the possession of Nathan-
*Under date of August 31st 1705 Willets released the claim under the first Indian deed to Jonathan, Richard, Job, Adam, Samuel and Daniel Smith.
12
THE TOWN OF SMITHTOWN.
iel Smith, endorsed on a copy of the agreement, as fol- lows:
"Children of old Richd. Smith, each to have 1-7 part of Smithtown.
" Jonathan Smith .- Had a son Jonathan ye 2d (the signer), who by deed gave part of his share to his son Platt Smith; who died intestate, whereby his part de- scends upon his two daughters Elizabeth and Abigail, infants, as coparceners. Jonathan Smith by will gave the rest to his two daughters, viz. Tabitha, now the wife of Nicoll Floyd, and to Ruth, now the widow of Henry Smith. Note-that Ruth since her being a widow has sold to Nicoll Floyd, so that Jonathan the ist his share now belongs to Elizabeth and Abigail, the daughters of Platt, and to Nicoll Floyd in his own right, and to him and his wife in his said wife Tabitha's right.
" Job Smith .- Gave his share to his six sons, viz. Job the 2d, Joseph, Richard, Aaron, Timothy and James (now James sold to Job the 2d), so that this share be- longs to the other 5 sons, who have all signed the ar- ticles.
"Saml Smith .- Had Obadiah the signer, who has his share.
" Daniel Smith .- Had Daniel the signer, who has his share.
"Adam Smith .- Had Edmund, decd., who gave it to his 4 sons Edmund, Floyd, Thomas and Adam. Ed- mund the 2d has signed and Floyd is now of age. Thomas and Adam are infants.
"Richd. Smith .- Had Ricd. the 3d and Ebenezer, who are both signers and have his share.
"Deborah Smith .- Sold to her son Daniel Lawrence.
Three of the persons named in this agreement were designated to carry it into effect, as follows: "Att a Town meeting of the propriators of Smithtown on ye first day of March 1736 then chose and Imploued Rich- ard Woodhull, John Hallock and George Townsend, to Lay out and Devide all the proprietors land & thach beds in Smithtown agreable to our articles bareing date March the thirteenth, 1735."
Pursuant to the agreement the commissioners divided a large part of the land. In August 1751 Townsend withdrew from the commission (Book 2, fly leaf), and William Nicoll was appointed in his place.
By the commission as thus constituted the greater part of the lands and meadows were divided and allotted. The allotments are recorded in the town clerk's office.
In the descriptions of these divisions the houses of Mary Liscom, Shubal Merchant, James Dickinson and Moses Ackerly are often mentioned as landmarks. Mary Liscom's house was on the east side of the river. It was afterward occupied and owned by Nicholas Smith, then by his son Frederick Halsey Smith, and is now by the son of the latter, Samuel O. Smith.
Shubal Merchant lived at the first house on the south side of the road in entering Nissequogue from the east, adjoining the woods. The old house was demolished and the present house erected about sixty years ago.
James Dickinson lived'on or near the corner now occu- pied by Alanson Hallock's wheelwright shop, or between that and the late Whitman's hotel, now belonging to the Ely estate.
Moses Ackerly was at Fresh Pond, on the corner lately occupied by Albert G. Mulford and now by Scudder Smith.
"Wheeler's" was at Hauppauge, at or. near the house of the late Thomas W. Conkling at the fork of the roads opposite Wallace Donaldson's store.
THE WINNECOMAC PATENT.
In November 1689 the Secatogue Indians conveyed to John Scidmore and John Whitman of Huntington a tract of land "known by ye name of Winnecomac, bounded on ye north side by Whitman's Hollow; run- ning eastward by ye marked trees to ye head of ye south- west branch of Nosoquog River; upon ye East side upon a south line to ye pine plains; upon ye south side by ye pathward pints of trees to Huntington Patten, joining on the west side to Whitman's Hollow." (Vol. I of Deeds, secretary of state's office, 1692 to 1714, p. 101.) This deed was recorded at the request of Charles Congreve, who was authorized by, or had become possessed of the rights of, Scidmore and Whitman; and on May 5th 1703 a patent was granted by Lord Cornbury to Congreve for the territory, describing it as follows:
"A Parcel of Land lying Ten miles Eastward of ye town of Huntington on the Island of Nassau, Beginning at Whitman's Hollow, thence running East and by South two hundred and eighty chains to the Southwest Branch of Nesequage River by a line of marked Trees, marked by the Indians; thence running South and by West eighty chains, to the Pine Plains; thence along the said Plains West and by South two hundred and ten chains, to Hunt- ington bounds; thence along the said bounds Northeast and by North two hundred chains, to the place where it "begann; Containing in the whole three thousand and ffive hundred acres or thereabouts."
This patent is recorded in the secretary's office in Book Number 7 of Patents, page 229. The survey ac- companying the patent, after giving the number of acres, certifies, "2,000 acres of which are barren."
The north side of this patent is on the highway from the corner near Richard Handley's (known as Cornish's corner) to Comac. The eastern boundary commences "at the head of Nissequogue River," and running south- westerly makes the angles in the southern boundary of the town.
On the 26th of November 1703 Cosgreve executed to Thomas Higbie, John Snedeker, and John Whitman a declaration that they were equally interested with him in said patent, and conveyed to them one-half of the whole lands covered by it.
They or some of them afterward conveyed a portion of said lands (about one-fourth) to Elnathan Wicks. Congreve conveyed his interest to Rip Van Dam. Van Dam afterward became possessed of other portions of said lands, making his interest seven-twelfths. He conveyed it to Timothy Treadwell of Treadwell's Neck, who by his will authorized his executors to sell it. It was sold to Philetus Smith, father of Elias, and by him devised to his sons Elias and Timothy Treadwell Smith, who divided it. The share of Elias is now vested in his grandson Eugene J. Platt, who resides on the prem- ises.
Elnathan Wicks was the ancestor of the several Wicks
.
THE TOWN OF SMITHTOWN.
13
families who have since resided and now reside on a part of the Winnecomac tract.
THE TOWN ORGANIZATION-HIGHWAYS-SLAVES.
This Winnecomac territory and the land included in The highway to the North Swamp was discontinued the patent to Richard Smythe form the present town of by order of the commissioners in April 1824. (Book 2, :Smithtown. The latter was erected as a town in the pages 49 and 50.) second patent to Richard Smythe, but the whole terri- The highway to Little Beach, which used to run on top of the ridge to the head of the beach, was fenced up a few years ago by the owners of the adjoining lands, and a highway leading down the hill, past the house late The people, being nearly all related, were governed of Jeremiah N. Arthur in James Neck, and so under the shore to the beach, was opened in its stead. tory was not regularly organized as a town until 1783. The first book of records is said to have been lost. The first record of a town meeting to be found is dated 1715. mostly by rules established at the town meetings. They passed laws relating to estrays, to distress of cattle, the Jones Point was on the west side of the river on the farm of the late Noel J. Becar. The Hog Pond was the pond at Indian Head, and Whitman's Hollow was where Goldsmith's Hotel at Comac now is. height of fences, extinguishing fires, hunting up cattle in the woods, regulating the shell fisheries, laws governing the public morals, the conduct of slaves, etc., etc.
The inhabitants constructed roads wherever they were The highway between Job Smith's and Benjamin Gould's led to Pond Neck, on Stony Brook Harbor. It necessary throughout the town. The roads so in use were at an early day adopted as public highways by the leads only through private property and was long since town authorities. The first records will be found at closed to the public. pages 9 and rr of the first book of town records.
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