History of Westchester county : New York, including Morrisania, Kings Bridge, and West Farms, which have been annexed to New York City, Vol. I, Part 211

Author: Scharf, J. Thomas (John Thomas), 1843-1898, ed
Publication date: 1886
Publisher: Philadelphia : L.E. Preston & Co.
Number of Pages: 1354

USA > New York > Westchester County > History of Westchester county : New York, including Morrisania, Kings Bridge, and West Farms, which have been annexed to New York City, Vol. I > Part 211

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The originall was Interlin'd before deposed (unto) in the 28th line, (And M' Richbell) In the 13th line (Monussing),

Rich : Lawes.

Affidavit of John Finch.

5. The deposition of John ffinch of oyster bay & also Edward Griffin.

The sd deponents upon oath testifye, Mr John Richbell Merehant of Oyster bay did buy of Wappa- quewam a Certaine Tract of land lyeiug westward of the River called Mammaranock River & bounded by Land purchased by Mr Thomas Pell of the Indians. The said Wappaquewam being entrusted by his brother Mathetuson 1 formerly called Mohey (as the said Wappaquewam & Mathetuson did enforme) to sell all his property in the sd Land, & himselfe with Edwª Griffin accompanied the said John Richbell unto ye sª Indian Wappaquewam to buy the sª Lands, which accordingly hee did, & payd unto the sª Wap- paquewam in part of payment for the purehase of the said Lands, Two shirts & ten shillings in wampom, and agreed upon Time for the payment of the residue, according to a writing inade at Momoronock River, bearing date 23ª of Sept" 1661, & on that day the said Riehbell tooke possession of the sd Lands.

In & upon the 7th day of March 1661, The sª John Richbell employed them the sª deponents & one Jacob Young a Sweed (which are Indian Interpret.es) to goe with him to the Indyans to talke wth them, Hee the sª Riehbell hearing a Report that ye sª Indian Wap- paquewam had afterwards sold the sd lands to M' Revell, & in our voyage to speake wth Wappaquewam we mett with his brother Mathetuson alias Mohey aforesd, who did fully manifest unto us that hee (acecording to his brothers Informacon), did employ & give power to his brother Wap- paquewam to sell his propriety of Laud to Mr Rieh bell, whom Wappaquewam enformed him would buy it of him, & withall did relate to us sev- erall of the partieulars that the said John Rieh- bell by agreement was to pay for the sª Lands : Moreover the sd Mathetuson seemed to bee mueh disturbed in his mind That any Contract was made with any other for ye said Lands, hee affirming that hee knew not that any other than John Richbell had made any contract about it, untill hee eame down to the Sea Coast. Wherefore Mr John Richbell did tell the sd Mathetuson that he was now come to settle & plant the same,-And the said Mathetuson did give him free liberty to the same, onely desiring M' Richbell that hee might be payd for it, & not to loose his pay for a neck & halfe of land, which he was yet unpaid for :

To the foriner part were deposed John ffinch & Edward Griffin the 11th of ye 1st moneth {}

Before mee

Rich : Lawes.

To the latter part the sª John ffineh & Edwd Griffin & also Jacob Young have deposed this 11th M 61 1 62

Before mee

Riehard Lawes.

1 This affidavit is the only paper where this name is so spelled. In all other instruments it is spelled " Mahatahan."

851

MAMARONECK.

Affidavit of Jonathan Lockwood.

6. The Testimony of Jonathan Lockwood being aged 30 years or thereabout.

Saith, I being at peter Disbroes, & M' Thomas Rev- ell being there present, I heard Mr. Revell say hee was buying a parcell of Land of the Indyans of the West side of Mammaranock River to M' Pells land & I wisht him not to medle with it, for it was already bought by M' Richbell & I was a wittnesse to it, I saw a part of the moneys payd for it by M' Richbell- M' Revell made this answer to mee, that howsocver hice would buy it & M' Richbell & he would try for it afterwards : ffarther this deponent saith not. Given in upon oath before mee, Stamford Apr. 4th 1665.

Rich Lawes

Taken out of the Records & compared therewith this 23d of August 1665

p. me

John Allyn, Recorder

INDIAN DEED OR CERTIFICATE OF CONFIRMATION TO JOHN RICHBELL.

Recorded for Mr. John Richbell, the 6th day of June 1666, this Indyan Deed. I Wappaquewam, together with my Brother Mahatahan, being the right owners of three Necks of Land, lying and being Bounded ou ye East side with Mamaranock River, and on ye west side with the Stony River, which parts the said Land, and Mr. Pells Purchase, Now These are to Sertify to all and every one whom it may coucerue. That I Wappaquewum, did for myselfe, and in the behalfe of my above said Brother Mahatahan, firmly Bargaine & Sell to M' John Richbell of Oyster Bay, to him and his Heires forever, the above mentioned three Necks of Land, together with all other Priviledges there unto belonging, Six weeks before I sold it to M' Tho Revell, And did mark ont the Bouuds, and give M' Richbell possession of the said Land, and did receive part of my pay then in hand, as Witness my hand

The mark O of Wappaquewum 1

Wittness Jacob Yough Catharine Yough."

The next papers are those Thomas Revell obtained from several Indians, after John Richbell's Purchase, upon which he based his claim.

COCKOO'S DEED TO REVELL.

" Be it known unto all Christian people, Ingians & others whom it may concern that I Cockoo2 Sagamore do by vertuc of a full and absolute power & order un- to me given & intrusted by Mahamequcet Sagamore & Meamekett Sagamore & Mamamettehoack & Capt Wappequairan 3 all Ingines living up Hudson River

on the Maine land, for me to bargainc & absolutely to sell unto Tho Revell his Hayres Exectrs Adminis- trators & Assigns have or any of them have in one tract of land on ye Main being bounded by ye sea on the south west and at the east of Maramack River and at yc west with Mamgapes River, with two necks of land and meadow & planting land, the necks of land called by the Ingins Caywaywest + & Mamgapes with all ye lands Meines and mineralls & trecs to cut down at ye said Revells pleasure to plant with all rights & priviliges with (two words here illegible) without let or molestation of us any under us quietly & peaceably to Injoy ye sª land reaching one and a halfuniles above Westchester path and from thence twenty english miles to the Norward into the County for grass for feed for cattell and Timber as he shall have occasion ; for ye lands afforcsaid I the said Cockoo doe confess to have received now in hand of the said Thomas Rev- ell at the house of John Coe in full payment for the aforesaid tracts of land in severall goods to the just sum of Eighty odd pounds sterling for the said lands with all reall rights. And fardder more I doe prom- ise and ingauge my self in the behalf of the fore named Ingaius & ye rest of those Ingains which I now sell this land for and them to bring suddenly after ye date hereof for to give unto Thomas Revels or his order quiet and peaceable possession to him and his Heyres. And peaceably to keep and defend against all Dutch and English that shall molest him, in witness whereof have ingaidged and confess my hand Subscribed this 27th Oct. 1661

the marke + of Cockoo ' ye marke + of Wappequairan

Signed and delivered in the presence of us John Budd

John Coe

Thomas ilobe ? (close)

Simon Cooper Mark

Tho. + Stedwell

Dec 23ª 1661, A true copy per me

Henry Pierson Regist.

Indian Power of Attorney to Cockoo to Convey Lands.

Be it known unto all Christian people In- gains and others whom it may come unto that we whosc names are hereunto published Mahameqeat & Mcamehet Naskeway all Sagamores with vngoetaken Mamamettchauck, Wachithe Rawnottoy with Capt Wappaquewam all Ingains living up Hudson River & else where in America, Doe acknowledge & confess to have fully & absolutely & by oath of our free & voulantary Acts, given granted full & absolute power uuto our friends & one of our Counsell Cockoo by

1 Recorded in Liber Two of Deeds, at page 128, Sec. of State's off., Albany.

" In some papers of that day this name appears as " Cakoe."

3 Meant for Wappaquewam.

4 This is as near as this word can be made out.

5 The same as " Cakoe " above mentioned.

852

HISTORY OF WESTCHESTER COUNTY.

name an Ingaine the which wee do approve of and doe confirm whatsoever the said Cockoo shall doe in bargaining & selling unto Thos Revell of Barbadoes all our real right & iuterest wee or either of us have, our Hayres Exctrs Administrs & Assigns have in one tract of land ou the Mayne the which hath two necks of land within it called Caquanost and the other Mamgapos. Bounded on the southwest against Long Island & at the east with Marramack River & at the west with Mamgapos River, and at the north one aud a half miles if noe more above Westchester path for plautiug ground & it is to improve at the said Revells pleasure as he or his shall see good with the Meddow grounds & other grounds Trees, Moynes, Minueralls or whats soever as Rivers Springs within said bounds of said tract of land. As allsoe free liberty for feed- ing for all cattell horses & Mayers without lett to Rang or grase & trees to fall and carry away at his or any of his Hcirs pleasure above the marked trees for the bounds Twenty English miles if not inore into the Cuntry northward if not more with a plot of the tracts of land hereunto annexed and allsoe the marked trees. Now whereas wee the aforesaid the true and well proprietors and Honnors 1 before named of the tracts of land wee are fully contentcd & paid and satisfied that our friend Cockoo bath bargained aud sould the aforesaid tracts of laud with all the bouuds as aforesaid unto the sd Thomas Revell with all things standing or lying thereon for himself, Heyres, Exctrs, Administrat's or Assignes freely and forever to possess and peaceably injoy and keep as his proper right without lett or hindrance of us or any from by or under us. And allsoe we the aforesaid true hounors and right proprietors of the said land Maha- meqeat Meamnehet Naskeway Sagamores with vngoetaken Mamametchouch Wachithe Ronnottoy and Capt Wappaquewam wee and every on of us joyntly & severally doe allow & approve of what our frieud Cockoo hath done to bee fearme sold fast and good in selling the said land to Thomas Revell. And of him have received in hand full satisfaction & to our consent for the said land in personal goods to the just sum of ninety pounds sterling to the use of us the aforesaid Ingains. Now for the better Right & tittell of the said land unto the said Revell his Heyres Exctrs Administrat's & Assigns with all the Proprietors Rights & privileges Regard or whatsoever else is just, and allsoe wee ye aforesaid Ingaius do freely and absolutely assign and make over all our rights tittell aud Interest wee had in the fore mentioned tract of land as appeareth by this our Deed aud fearme bill of sall that we now give unto the said Revell and his reall right in the said land before Butting and Bouuding as aforesaid. And now for the more fearme and absolute assurance of the said tract of land wee do jointly and severally for us and ours as I Mahameqeat Meamehet with Naskeway

Sagamores with Vngoetaken Mamamettchouck Wach- ithe Rownottoy & Capt. Wappaquewam promise and doe ingage ourselves unto the said Revell his Heyres & Excers to put the saidRevell or his order in quiet and peaceable possession & him so to keep and for ever to injoy as his and to his all right. Aud Allsoe we do further promise & ingage keepe and defend ye sd Revell and his against all person or persons that shall directly or indirectly annoy Molest or trouble ye sd Revell or his, or lay any claime or former grant of the same by ye Ingains Dutchmen or Euglish or whome soeverfrom the beginning of the world unto the day of Dat; &, forever to mayntaine our right and tittle unto the said Revell & his Heyres ExctT & Assigns as witness our hands this 11 of Novemb" 1661.

Whereas it is above mentioned the land for plant- ing land shall run one & a half miles and more above Westchester path. All of us above Ingains doe freely allow & conseut unto that Revell shall have his line run as farre above Westchester path for planting ground into the Cuntry the full length as is from Westchester path to the bottom of the Necks to the sea, this being in consideration the land to the north east is not fit for planting ground but full of hills and Rockey Woods above Westchester path. This we consent unto freely. As witness our hands possession given

In the presence of as The mark of + Cockoo

witnessess Signed ye mark of + Mamamettchouch

and delivered in ye mark of + Wappaquaican

presence of us ye mark of + Hayoro Sagamore

Simon Cooper The mark of

ye mark of + Petowwahen

Tho. + Stedwell ye mark of + Cauronsoro Sarho

Humphry Hughes ye mark of + Wappomus Sarho

Thomas ilobs 2

John Coe

The mark of

Stepheu E Champion

A true Coppey December the 23d 1661

Pr me Henry Pierson Registr. 3

Of the litigation which grew out of this transaction we have the following account in the nature of a re- port of the evidence produced, taken from the record at Albany. It bears no date but was probably what took place before the English Patent was issued by Governor Lovelace.

" An account of what part was acknowledged be- fore ye Governor concerning ye Purchase of Mama- rouock, by Mr. Richbell, and Mr. Revell, and Jans. Rockett, Wappaqueem, and many other Indians,

PRESENT.

Wappaqueem saith, that Mr. Richbell was ye first that spake to him about ye purchase of said lands.

2 This meant for Thomas Close.

3 For the copies of this Indiau deed and Power of Attorney the writer is indebted to William S. Pelletreau, the able editor of the three volumes of the "Southampton Records." The map referred to is unfortunately such a rough and mixed up scrawl that it was useless to reproduce it.

1 Owners.

853

MAMARONECK.

Jans. Rockett acknowledges ye like.

Wappaqueem saith that Thomas close with Cokoo spake to him to sett his hand to Mr. Revell's deed and he should have a coate, on which he did it.

He saith further that Mr. Richbell, came and view- ed and agreed for ye land, but not bringing his goods tyme enough he sold it to Mr. Revell. He confesses that Mr. Richbell gave another Indian a coate and some seawant and a shirt, to marke out ye trees after ye agreement, but that he had nothing.

Another Indian saith that Cockoc and Thomas Close received Mr. Revell's money betweene them and kept it themselves, for ye proprietors had none of it.

Wappaqueem saith that what he received from Mr. Richbell was by way of (unintelligible) but not in parte of payment.

He whose land it was, and Wappaqueem called brother, but were not natural brothers.

11th Nov. 1661, the power entrusting Wappaqueem and Cockoo to sell 8th, 1661, the date of ye deed which is before ye power. 1

It is evident from this that Thomas Close and Cockoo were very sharp, but the blunder of dating the power after the deed to Revell ruined their case.

Richbell continued in undisturbed possession, and no claim was ever at any time afterward set up under those Indian dceds to Thomas Revell.

On the 16th of October 1668, the English Patent from Governor Francis Lovelace confirming and granting to John Richbell the lands privileges and immunities he possessed under his Dutch grants and Dutch court decisions passed the seals of the Prov- ince.

These Instruments, Dutch and English, having been already set forth'fully in part number 14 of the chapter on Manors relating to the Manor of Scarsdale in this work are not repeated here. The description of the lands granted in Lovelace's Patent of Confirmation is as follows :- " A certain parcel of land within this gov- ernment, on the Main, contained in three Necks, of which the eastermost is bounded with a small river called Mamaranock river, being almost the east bounds or limits of this government upon the main, and the westermost with the gravelly or stony brook or river which makes the east limits of the land known by the name of Mr. Pell's purchase. Having to the south the Sound, and running northward from the marked trees upon the said Necks twenty miles into the woods .. . together with all woods, beaches, mar- shes, pastures, creeks, waters, lakes, fishing, hawking hunting and fowling, and all other profits immuni- ties, and emoluments to the said parcel or tract of land belonging, annexed, or appertaining, with their and every of their appurtenances, and every part and parcel thereof."

These " Three Necks " were called the " East," the " Middle," and the "West " Necks. The Middle

Neck was sometimes called the Great Neck, from its longer extent of water front, which at first led to the supposition that its area below Westchester Path was greater than that of the East Neck. "The East Ncck " extended from the Mamaroneck river on the cast to a small stream called " Pipin's brook" on the west, which divided it from the " Middle " or "Great " Neck, and is the same which now crosses the Boston road through the land, and just east of the house of the late Mr. George Vanderburg .? The Mid- dle Neck extended from the latter stream west- ward to a much larger brook called " Cedar or Grav- elly brook " which is the one that now bounds the land belonging to Mr. Meyer 3 on the west.

The " West Neck" extended from the latter to another small brook still further to the westward, termed "Stoney or Gravelly Brook " which was the east line of the Manor of Pelham.

Of the three in their order. The East Neck from Mamaroneck River to Pipin's Brook, upon which Richbell took up his permanent residence about 1665, as near as can now be ascertained, was called by the Indians " Mamaranock Neck." This fact is so stated in the Petition of Richbell of the 24th of De- cember 1661, for a "ground brief" or Dutch license to purchase Indian lands.4 A misunderstanding by Mr. Robert Bolton of the word " Mammaranock " in the crabbed writing of this ancient Document as recorded led him to state in the first edition of his History of Westchester County, published in 1848, that the " ab- original name " of the East Neck was " Wanmain- uck,"5 and the error has appeared in the second edi- tion, 6 and it has been hence followed by other writers. It was a pure mistake in deciphering the written word. The true "aboriginal name of the East Neck was " Mamaranock " the same as the town and village bears to-day under the later spelling of " Mamaro- neck." That portion of it between the Harbour on the east and Pipin's brook and the salt creek into which it runs on the west, bears the name of "De Lancey's Neck " from the fact that it has been possessed as a whole for more than a century and until a few years ago, and in part still is possessed, by the family of Gov. James de Lancey, the son-in-law of Col. Caleb Heathcote, the purchaser of the whole East Neck in 1697. It formed the largest part of the "demesne lands" of Colonel Heathcote's Manor of Scarsdale, and as such was held by his widow until her death in 1736, when an undivided half descended to her daughter Mrs. James de Lancey, who by agreement with her brother-in-law Dr. Lewis Johnston of New Jersey continued in the possession and control of the other undivided half until 1774, when it was divided in the

1 Deed book III. 97, Sec. of State's office.

2 Formerly a portion of the western part of the farm of Mr. Peter Jay Muuro, and later owned by James T. Roosevelt.

3 The old "Duncan " or " Danbeny " farin.

4 Deed-Book iii. 37, Sec. State's office, Albany. AInte, p. 145. ' $ Vol. i. p. 2×2.

Vol. i. p. 463.

854

HISTORY OF WESTCHESTER COUNTY.

Partition of that year of the undivided portions of the Manor of Scarsdale. Subsequently John Peter de Lancey the son of Mrs. De Lancey who had succeeded to some of his mother's lands purchased all the rest of the lands on De Lancey's Neck from his brother, and sister, and cousins, and thus became the owner of the whole Neck, nearly a century ago. There was however a small piece of land of about thirty acres on the left of the entrance to the Neck from the old Westchester Path or old Boston Road, which never belonged to the Manor of Scarsdale nor to the Heath- cote or de Lancey families. This piece was given on the 8th of August 1684, by Mrs. Richbell just after her husband's death, to her daughter Mary and her husband Capt. James Mott, and was expressly re- served in her deed to Colonel Heathcote of all the rest of her estate in Mamaroneck. This piece from Mott's heirs passed by sale through various parties aud about a century ago became the property of a ven- erable Quaker long well known in Mamaroneck, Giles Seaman. At his death in the settlement of his estate it was bought by the late Isaac Hall, and by him it was sold to the enterprising gentleman who upon it erected the handsome summer hotel, since called by his own name-the " Rushmore," as well as several handsome private residences, now owned by various parties.

In the chapter on Manors in this work, part 14,1 will be found at length the history of the East Neck as a part of the manor of Scarsdale. It is only neces- sary here to give an outline. John Richbell died on the 26th of July 16842 leaving his widow Ann, and three daughters him surviving. His wife's mother, Margery Parsons, had advanced him some goods in the island of St. Christopher's in the West Indies long previous to his ever coming to Mamaroneck. As soon as he got his English Patent of the 16th of Octo- ber 1668, and on the 14th of the next month he deeded the entire " East Neck" to her in considera- tion of that advance. Mrs. Parsons two days later, on the 16th of November 1668, in consideration of natural love conveyed the East Neck to her daughter -Ann the wife of John Richbell as a tokeu of affec- tion and dutiful behaviour. This made Mrs. Rich- bell the owner in fee of the entire East Neck. But to make her perfectly secure, Richbell made a settle- ment of it by way of jointure in her favor, by a deed in Trust to John Ryder of the 23d of April, 1669, in consideration of a marriage long since solemnized be- tween them.3 He died as above stated on the 26th of July 1684, and Mrs. Ann Richbell thereupon be- came vested in her own right in fee in the entire East Neck, from Mamaroneck River io Pipin's Brook and twenty miles back from the Sound northward into

the woods. She continued in possession until by deed of the 23d of December 1697, she sold her entire estate of every kind and nature in her and her late husband's lands to Colonel Caleb Heathcote for the sum of £600 New York Currency and certaiu other beneficial provisions recited in the instrument.4 These lands and some others adjoining which he had ac- quired Colonel Heathcote had erected into "the Lordship and Manor of Scarsdale" by a Mauor- Grant from Lieutenant Governor Nanfan then at the head of the Province on the 21st March, 1701.5 Upon the eminence at the head of the Harbour, still called Heathcote Hill,6 he built a large double brick Manor

HEATHCOTE HILL.

House in the style of that day in England, with all the accompanying offices and outbuildings, including the American addition of negro quarters in accord- ance with the laws, habits, and customs of the period. Here he lived during the remainder of his life, which terminated on the 28th of February 1720-21 in his 56th year. The house stood till some six or seven years before the American Revolution, occupied however, only by tenants after the death of his widow in 1736. Later it was accidentally destroyed by fire. The present double frame dwelling standing on a portion of the old site, of which a cut is given, was built iu 1792 by the late John Peter de Lancey, a grandson of Colonel Heathcote who had succeeded to the property, on his return to America with his family, having been a captaiu in the British Regular Army in which he had been placed in 1771, on leav- ing Harrow School, after a short period at the Mili- tary School of Greenwich. Mr. de Lancey lived in this house till his death in 1828. In it were born all his children except the two elder ones, and amongst

I Ante, 147.

2 West. Co. Records Lib. A, p. 34.

3 Ancient copies of all these deeds in the writer's possession. All are recorded in West. Co. Records, except that from Mrs. Parsons to Mrs. Richbell.

4 Rec. Lib. B, 371, West. Co. Records.

6 Lib. 7, p. 195, Sec. of State's Offe.

6 And still in the possession of the writer who is his great, great, grandson.

855

MAMARONECK.

them his son William Heathcote, the late Bishop of Western New York, and Susan Augusta, the wife of the late James Fenimore Cooper, who were also mar- ried in it on the 1st of January 1811.

But to return, Colonel Heathcote had succeeded, with the rest of the property, to the Richbell proprie- tary rights in the two mile bounds of Mamaroneck and he subsequently to his Manor-Grant purchased in addition a twelfth uudivided part of the whole tract. This tract had been set apart by John Rich- bell in his life time about the year 1670 for what he called " allotments or house lots," comparatively small pieces fronting on the Westchester Path or old road to Boston cight in number running northwardly. One he reserved for his own house lot, and he and his wife seem to have sold only two or three others, the first was a gift by deed to one John Basset in 1669, which was No. four, next to his own lot No. 5. Another, No. one, was sold to one Jeremy Kanniffe, and Nos. 2 and 3 to Robert Pennoyer, and another to Jaincs Mott. These seem to have been all that were sold up to 1676 when another was sold to Henry Dis- brough on the 16th of February in that year. From the language of ancient copies of the first deed to John Basset, and that to Henry Disbrough, in the writer's possession it would seem that these " allot- ments" were twenty and a half rods wide front on the Westchester Path, and the same in the rear, by eighty rods on each side in depth running north- westerly. Each was subject to a reservation of an annu- al payment of one bushel of winter wheat or the value thereof on the 1st of March, and one day's work at harvest time, to the Proprietor, and to a coveuant that they could not be sold without their consent and ap- probation. To each lot was appendant an undivided eighth right to commonage and pasture in the two mile bounds. The precise extent of these bounds we know from the Deed to Disbrough, which calls them " Mammaroneck limmits " and describes the tract as

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History of Westchester county : New York, including Morrisania, Kings Bridge, and West Farms, which have been annexed to New York City, Vol. I, Part 211

Author: Scharf, J. Thomas (John Thomas), 1843-1898, ed Publication date: 1886 Publisher: Philadelphia : L.E. Preston & Co. Number of Pages: 1354

Author: Scharf, J. Thomas (John Thomas), 1843-1898, ed
Publication date: 1886
Publisher: Philadelphia : L.E. Preston & Co.
Number of Pages: 1354