History of Westchester county : New York, including Morrisania, Kings Bridge, and West Farms, which have been annexed to New York City, Vol. I, Part 212

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 212

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" being in length two miles and in Breadth one mile and a half and Twenty eight rods." The length was from the Westchester Path northward, and the breadth was from Mamaroneck River to Dirty Swamp on the west. "Dirty Swamp" being the swampy ground over which the road passed near and east of the intersection of the present Weaver Street. The swanıp began some distance north of the Road and ex- tended across it to the salt water, a little stream or ditch running from it under the road in old times through a stone culvert, sometimes dignified by the name of " Dirty Swamp Bridge."

As soon as Colonel Heathcote obtained his Manor- Grant, and about two months thercafter he obtained, on the 11th of June 1701, from the two Indian chiefs of the neighborhood Pattlunk and Wapetuck an In- dian deed of confirmation for this two mile tract to himself and the seven other persons who in 1701 were the owners of these "allottments or house" or " home" " lotts." There were himself, Caleb Heath-

cote, Capt. James Mott, William Penoir,1 John Wil- liams, Henry Disbrough, Alice Hatfield, John Dis- brough, and Beujamin Disbrough.2 This was to sat- isfy all persons desirous of settling in Mamaroneck, that there would be no difficulty with the natives. About five years later Colonel Heathcote suggested to the owners of the house lots that instead of keeping all the rest of the two mile bounds as undivided prop- erty, that they should have it laid out and divided among themselves in severalty. It was talked of, approved, and finally carried into effect by a mutual agreement under seal, made and executed by all the parties on the 19th of February 1706-7. The instril- ment accompanied by a well executed Map of the lots as laid out, into eight "Long Lotts" is in Colonel Heathcote's handwriting, and bears the autographic signatures of himself and all the other parties above named. It is in these words ;--

Mauroroneck ffeb. ye 14th 1706-7.

The ffree holders of Mamoroneck whose names are hereunder written have mutually and unanimously agreed for dividing the Long or Upper Lotts in said Township as followeth-No. 1 containing 20 chains broad to James Mott, No. 2 containing 21 chains, and No. 3 containing 22 chains to William Penoir, No. 4 containing 21 chains to Henry Disbrow, No. 5 con- taining 18 chains to John Disbrow, No. 6 containing 20 chains to John Bloodgood, No. 7 containing 20 chains to Peter Hattfield, and No. 8 containing all the remainder of the land to the River to Caleb Heathcote, reserving out of the said Lotts the follow- ing Highways for the use and benefit of all the ffree- holders and Inhabitants one highway to be five Rods wide in the ffront of the said Lotts, one highway of four Rods wide through the Sixth Lott into the Woods Leading on the west side of Nelson's ffield into the Woods.

Signed sealed and

delivered in the presence of us

Joseph Purdy

Thomas White

Caleb Heathcote [L.S.] his Wm X Penoir [L.s.]

mark

James Mott [L.s.]

Henry Disbrow

[L.S.]

John Disbrow [L.S.]

John Bloodgood [L.s.] Peter Hattfield 3 [L.S.]

This instrument finally closed and determined for- cver all the common interests in the lands in the "two mile bounds" of Mamaroneck and made them the scp- arate private property in fee of the various owners. To this there is apparent exception. The five rod

1 So in the deed. He was a son of Robert Penoyer the original gran- tee.

? Ancient copy in writer's possession, Rec. Lih. C. West. Co. p. 52.

8 The original instrument came into the possession of the Griffen Fam- ily who purchased No. 6 from John Bloodgood, and now belongs to Mr. Charles Field Griffen to whom I am indebted for its examination. A facsimile cotemporary copy is in my own possession.

856

HISTORY OF WESTCHESTER COUNTY.

Highway they left at the South end of their "Great Lotts " or " Long Lots " was found to be useless, and the owners subsequently divided it up into nine small lots of about 10 acres each among themselves which ended the whole matter. These "Great " or "Long " Lots, as well as the small ones are all shown on the Map of the Manor of Scarsdale in this volume. They never belonged to any body but the grantees of the eight original house lots to which they were append- ant and appurtenant, and with their division by the owners of those lots among themselves all their com- mon rights ended, and the "two mile bounds" or " Mammaroneck Limmits " come to an end forever. The Proprietary rights in them of Colonel Heathcote of course were terminated by his agreeing to their di- vision in fee.

Of the owner of the " allottments or house Lotts " as they were in 1701 the descendants of none except of Colonel Heathcote are now in possession of any part of them, although descendants of Hattfield and the

DISBROW HOUSE, ERECTED 1677.

Disbroughs are still well known residents and prop- erty holders in other parts of the present Town of Mamaroneck, among whom is Mr. William H. Dis- brow as the name is now spelled, the Civil Engineer whose home is scarcely a musket shot from the old an- cestral house. But there still stands upon the south- ern part of the "House Lott" of Henry Disbrough the identical house he built there in 1677 the year after he was deeded the lot by John and Ann Rich- bell, a memento of the earliest days of Mamaroneck, of the old family who built it, of New York and Westchester in the reign of Charles the Second, and of the Duke of York as its Lord Proprietor. It remained in the Disbrough family till within thirty or thirty- five years, and is now the property of the widow of the late well known Publisher of New York, Mr. Stringer of the firm of Stringer & Townsend. The accompa- nying cut gives a good idea of it but it is a rear view, the road shown in it and now existing in front of the house not having been opened till the year 1800. It faced the harbour, the side toward the present Union avenue, which at this place is built upon the old Westchester Path, being the original front of the house.

It is built of rough hewn timber, and the coarse stone of the country even to the chimney above the roof. The siding has been renewed but always in the old style. It has long been used simply as a store- house as it was understood when it passed out of the Disbrough family that it should never be pulled down. Its last owners of the name were two maiden ladies who, a few years before their deaths built in the same enclosure the present new and good frame house, which stands almost between the old one and the waters of the harbour. The old house has well borne its 209 years but in the course of things can not last much longer.

The "Middle Neck" or the "Great Neck" or " Munro's Neck" as it was styled after Mr. Peter Jay Munro became the owner of nine-tenths of it about the year 1790, has a curious history. But before it is given it may be better, though a little out of order, to state the facts more fully than they have been mentioned in treating of the Manor of Scarsdale, re- garding the Pell-Richbell controversy about the West Neck. Both the Middle and the West Necks to- gether form that part of Richbell's land, now in the town of Mamaroneck, which lay almost wedge shaped between the southern parts of the Manors of Scarsdale and Pelliam.

The West Neck extended from the Cedar Tree or Gravelly Brook, (that now running to the west of Mr. Meyer's present house,) westward to another Brook, which was that which crossed the Westchester Path or Road just west of the present residence of Mr. Geo. Stephenson, and upon which for years stood a mill, for a very long time a snuff mill. This brook bore the name of Stony or Gravelly brook. Mr. Pell claimed that his eastern line was the Cedar Tree or Gravelly Brook, that now by the present Mr. Meyer's ; Mr. Richbell claimed that the Stony or Gravelly Brook, also called Cedar or Gravelly Brook, that near Mr. Stephenson's, was his western line and Pell's eastern line. The controversy was a very hot one and grew out of the use of similar designations of streams in their respective Patents. After proceedings in the Court of Assizes, and before the Governor and Council the following Agreement was finally entered into by both parties ; " Whereas There hath been a Matter or cause of Difference depending between Mr. John Richbell and Mr. John Pell for the which There was an order Issued forth from ye Governor for a tryall by a Special Court of Assizes yet Notwithstanding upon proposal of an amicable agreement between them, and to prevent further trouble to his Honour the Governour and the Country by having a speciall Court, it is this Day mutually consented unto and agreed upon, that the Neck of Land and meadow be- tween Ceeder or Gravelly brooke on the East, and Gravelly or Stony Creeke on ye West shall be layed out by ye Surveyor Generall and devided between them, so that each party shall have Meadow and up- land equivalent and proportionable Quantity and

857

MAMARONECK.

Quality alike. To this agreement both partys do joyntly consent in token of Amity and Friendship buri- ing in oblivion what unkindness hath formerly past between them and this to be a barr to all future Claymes or pretences that can or may be made on either side or by either of y" heires Executors or Ad- ministrators for ever. As to what expense or eharges Either party hath been at Each is to bear his own charges, but for the charges of the Surveys and such other Necessary expeuses Relating to the Division of ye Lands according to this agreement it is Equally to be Borne betweene them. In testimony Whereof the partycs to these presents have Later changeably Sett to their hands and Seals ye 22 Daye of January in the 23d year of his Majt Reigne Annoqe Dom. 1671

John Pell (L S) 1

Sealed and Delivered in ye presence of Henry Taylor Allard Anthony

Remains (as all other Lawful Acts) of forees and There Surveyor may proceed aeeordingly

E. Andros "

Though thus confirmed by the above order of Gov. Andros, no survey was made, why it is now impossi- ble to say, until the 22ª of May 1677, when it was done by Robert Ryder. His description is iu these words ;-

Whereas there hath been a difference between John Riehbell and Mr. John Pell which by virtue of an order from the right Honourable Major Edmund An- dross Esq'. Governor General of New York, I have made a division of the within mentioned Neek of Land by and with the mutual consent of both par- ties, which is in manner and Form as is hereafter Expressed vizt. That the said Richbell shall extend from Cedar Tree Brook or Gravelly Brook, south westerly fifty degrees to a certain mark't Tree, lying above the now Common Road, thirty aud four chains in length, mark on the east with R. and on the West with P., thenee Extending South Sixty three degrees East by certain marked Trees p'fixed Ending by a certaiu piece of Meadow at the salt creek which Runs up to Cedar Tree Brook or Gravelly Brook Extend- ing from the first marked Trees Nor Nor West to Brunkes River by eertain Trees in the said Line marked upon the West with P. and upon the east with R. performned the twenty-second day of May 1677.

p me Robert Ryder Surv.r

The Preceding Surveyor above mentioned is mu- tually consented unto by the above mentioned Mr. John Richbell and Mr. John Pell in presence of us

Thomas Gibbs Walter Webly John Sharp Joseph Carpenter "2

1 This is from an ancient Copy of the document signed by Pell that was delivered to Riclibell, in the writer's possession.

2 Ancient copy in the writer's possession.

Thus was settled finally the line, afterwards of much importance, as being the east line of the 6000 acre tract carved out of P'elham Mannor and sold by Pell to Leisler for the Huguenots in 1689. And as also as taken for the line between the later towns of New Rochelle and Mamaroneck when ereeted in 1788 by the State Township Act of that year.

We now reeur to the singular history of the Middle Neck.

It will be remembered that John Richbell pur- chased his three Necks from the Indians on the 23d of September 1661, and obtained the Dutch Govern- ment's groundbrief and Transport (or 'License to pur- chase' and 'Patent ') for them in May 1662, aud his English Patent for them on October 16, 1668; and that the East Neck alone was sold by his widow in 1697 to Colonel Caleb Heatheote, and was ineluded by him in his Manor of Searsdale in 1701.

Five years after the date of his Patent for the three Neeks, on the 20th of November 1673, Riehbell mort- gaged the West neck to Cornelius Steenwyck, a rich burgomaster, of New Orauge, as New York was ealled on its reeongnest by the Duteh iu that year, and a member of Governor Colve's Council, by the follow- ing singular instrument-one of the few Duteh Mort- gages that have come down to our days ;

" Appeared before as subseribed Aldermen of the City of New Orange, the honest Mr. John Richbell, Inhabitant of the place Marraneck, in the Main, within this provinee, who acknowledged and declared for himself, his heirs and executors, fully and duly to be indebted Mr. Coruelius Steenwyek Chief Council3 of this Provinee, a just and neat sum of Two thousand aud four hundred Guilders, Wampum,4 being oeea- sioned by and from delivered Merehandizes, disbursed Moneys, or otherwise, by him the said John Rielibell, to his full satisfaction received and eujoyed of Mr. Cornelius Steenwyck, which aforesaid sum of 2400 G. he the said John Riehbell by these aeceptetly and promiseth to pay, or cause to be paid to Mr. Steen- wyek aforesaid, or to him, that should or might ob- tain his aetion with good current Wampum, or to de- liver the value thereof on or before the first of Oeto- ber next ensueing, without delay. For the better se- curity of the aforesaid Mr. Steenwyck, in the full satisfaction of the sum aforesaid, he the said John Richbell bindeth and engageth for a special Mortgage and a Pledge certain of his the said John Richbell's Neek or piece of Land lying upon the Main, being the most Westerly neck of Land of the three, to him the said John Riehbell in lawful Propriety belonging, pursuant to certain Patent of Governor Lovelace, dated 16 October, 1668, limiting the Neck of Land aforesaid, upon the gravelly or Stony Water or River, which are the Easterly Limits of Mr. Pell's Land, having at the South side the Sound, and runing thus

3 So in the original, it means "of the chief council."

+ The shell money of the Indians.

858

HISTORY OF WESTCHESTER COUNTY.

from the Marked trees, standing on the side1 Neck, North Twenty miles into the Woods, and further in General, his Person, and Goods Moveable and im- moveable, none excepted or reserved, submitting the same to all Courts, Laws, and Justices.

In witness whereof is this by the said Mr. John Richbell benevolently or willing.2 The Esquires Aldermen Gelyu ver Plank and Lawrence Spiegel.

In the Record Books of this Town. Signed in New orange 20 9ber.3 1673."+ This mortgage only covered the West Neck as settled in the agreement with Pell above mentioned.

On the 12th May, 1675, two years later, a mortgage was made by John Richbell on the Middle Neck alone, in consideration of " £250 Boston Silver" to Robert Richbell of Southampton, England for the term of 99 years, redeemable at any time in the term upon the payment of the principal and interest.5

The very next year, on the 17 July 1676 Richbell made still another mortgage to one Thomas Kelland of Boston, in consideration of £100 New England money, upon the reversion of the Middle Neck for the term of 99 years, and also the reversion of the West Neck for 99 years, after payment of the £2500 to Robert Richbell and the 2400 Guilders to Steen wyck.

These Richbell Mortgages on the Great Neck passed by assignments into the hands of Samuel Palmer, of Mamaroneck ; the first of a family of that name who have been closely and honourably connected with Ma- maroneck from that day to this, and as they are still robust and numerous, will probably so continue indefi- nitely for the future. A Palmer was elected to a town office at the first recorded election in Mamaroneck in 1797, and a Palmer is a Justice of the Peace in Ma- maroneck to-day. 6

By these assignments Samuel Palmer became legal- ly entitled to the remainder of the term of 99 years in the Middle Neck, and by his will, dated March 18th, 1712-13, he devised all his right, title and interest in and to the Middle Neck to his four sons, Nehemiah, Obadiah, Sylvanus, and Solomon Palmer. They con- tinued in possession, and on the 8th of February 1722, Edward Richbell, who describes himself as " of the Parish of St. James in the County of Middlesex, 7 in Great Britain heir-at-law of John Richbell there- tofore of Mamaroneck in the Precincts of Westchester in the Government of New York (who was Eldest son and Heir of Edward Richbell late of the City of Westminister Esq. who was Eldest son and Heir of Robert Richbell of Southampton in Great Britain, de- ccased, who was the only Brother and Heir of the

said John Richbell " released, in consideration of £380 sterling, to the above four Palmers, the Rever- sion and Equity of Redemption in the Middle Neck, and all his right title and interest therein. The four Palmers then conveyed a right in fce in that Neck to one Josiah Quinby.

But, the Steenwyck Mortgage of 1673, above men- tioned, and another also made by John Richbell to him on the 6th of July, 1678, had been assigned to Frederick Philipse, and under his will passed to his daughter Eve, the wife of Jacobus Van Cortlandt of Yonkers, and of course under the law to him. These were both upon the West Neck. Both Van Cortlandt and Adolph Philipse his brother-in-law were Execu- tors of Frederick Philipse's Will. They sent to Eng- land to Edward Richbell, and in consideration of the cancelling of John Richbell's mortgages and of £400 sterling in addition, he by Lease and Release of the 12th and 13th of August, 1723, conveyed to them all liis right not only in the West Neck, but in all the lands possessed by John Richbell, except what lie had released to the four Palmers above mentioned. Philipsc and Van Cortlandt claimed that all the land the Palmers were entitled to under their deed from Edward Richbell lay between the Westchester Path and the Sound, and that they by their later convey- ance from Edward Richbell were entitled to all be- tween the Westchester Path northward to the Bronx. This claim the Palmers met by filing a bill in Chancery against Philipse and Van Cortlandt and on May 2, 1729, obtained a decree that the Proprietors of the Middle Neck under their mortgages and their Release from Edward Richbell, were entitled to have the Mid- dle or Great Neck cxtended as far Northward as the East and the West Neck extended, and that Philipse and Van Cortlandt should be perpetually enjoined from making any claim or pretences to that part of the Great neck south and east of the Bronx River.

In 1731 an action between James De Lancey and wife and Mrs. Martha Heathcote against Josiah Quin- by was tried at Westchester for a trespass in the Ma- nor of Scarsdale committed by the defendant. The defendant pleaded that the premises were not in the Manor of Scarsdale, but in the Manor of Pelham, and produced Pell's Patent. The agreement between Pell and Richbell, above given, for dividing the land be- tween Cedar Tree brook and Stony or Gravelly brook was then produced by the Plaintiffs, and the jury found a verdict for the plaintiffs with damages and costs.

A great question arose some thirty five years later in relation to the Middle Neck and the Manor of Scarsdale. Many persons had become interested in the former both as purchasers and as mortgagees. The Palmers had early sold undivided twelfth parts to various persons, among others " one twelfth and a half of one twelfth " were sold to Robert Livingston July 20th 1728. The purchasers had many of them died and left numerous heirs and among these was Mr.

1 So in the original, it means " said."

2 So in the original.

3 November.

4 From an ancient English translation in the writer's possession.

5 Not recorded, copy in County's possession.

6 William D. Palmer, Esq.

7 Now usually called St. James's Piccadilly, though its legal designation is "St. James's, Westminister."

859

MAMARONECK.

Livingston. There were heirs of many others, who in the same way had become possessed of interests larger or smaller in that Neck. The Palmers under the erroneous idea that the division line between the Middle and the East Neck ran due north and not Northwestward sold some three or four farms np- wards of 500 acres altogether to oue Cornwall who entered thereon. This land was within the Manor of Searsdale and a part of the East Neck. Thereupon, the purchaser having in the mean time died, four ejectinent suits were begun by Anne de Lancey and Lewis Johnston against his sons Benjamin Cornell (as the name soon began to be spelled and pronounced) Joseph Cornell, Peter Coruell, and John Cornell. This was in 1764. The number of persous who found themselves interested was so great as to greatly delay the proceedings. The question was where was the proper starting point between the Necks and what the true direction the line was to run. Finally it was at last determined by all parties to leave the question to a board of arbitrators. But so delayed was the business by the numbers it affected that the Articles of Agreement to arbitrate were not executed till the 21st of March 1769. The Parties were, " Wil- liam, Earl of Stirling, Peter van Brugh Livingston, John Stevens, John Reid, Walter Rutherford, Robert R. Livingston, Gentlemen, William Smith Jun'., Esq Thomas Smith Esq. Joseph Cornell, Johu Cornell, Benjamin Cornell, and Sarah Cornell, Executors of Peter Cornell, Edward Burling, Benjamin Palmer, John Palmer, Yeomen, Mary Ashfield Spinster, Sarah Morris as widow and Richard Morris Esq', William Smith Jun', Esq', Surviving Executors of Lewis Mor- ris deceased, James Kinsey of New Jersey, and John Thomas jun'. of Westchester, of the one part, and Anne De Laneey widow of the Honourable James De Lancey Esq. Deccased, and Lewis Johnston of Perth Amboy New Jersey, Physician of the other part." 1

The Arbitrators chosen were "Samuel Wyllys of Jericho Long Island, Gentleman, Abraham Clark of Elizabethtown New Jersey, Stephen Crane of the same place, Gentlemen, William Nicoll Jr, of Islip, in Suffolk County Esq." These Parties gave bonds in £5000 each to abide by the award, and it was agreed that each side should bear its own expenses, except as to those for the services of the arbitrators and the running of the line in accordance with the award, of which each side was to pay one half. The point to be deeided as stated in the articles of agreement was to fix the trne point near and below Westchester Path from which the dividing line was to be run in a North Northwesterly direction.

The hearings were long and much evidenee locally interesting was brought forward. The Counsel were, for Anne de Lancey and Lewis Johnston, Thomas Jones, for the other parties, Whitehead Hicks, John Morin Scott, and William Smith Jun, all but Scott

subsequently Judges of the Supreme Court of the Province, two, Smith Jun, and Jones, were the two historians of the Province. Hicks was also Mayor of New York, and John Morin Scott was one of the Generals on the Whig side in the Revolution, and a lawyer of eminence. The award was unanimous and the operative part is in these few words, "we do award, order judge, and determine, that the place where the straight line of partition that is to run be- tween the said two Necks or Tracts of Land shall begin in the middle of the creek or run of water leading from Dirty Swamp where the said Creek or Run of Water crosses Westchester old Path." All the original papers in this transaction bearing the autographs of all the distinguished men and other parties men- tioned above are in the writer's possession in perfect preservation and from them this sketch has been drawn up. The result was to show the Cornell faruis were in the Mauor of Scarsdale where Colouel Heatlı- cote had originally laid them ont, except in one in- stance where the line went through one of the houses, which threw a little of the land west of the line and on the Middle Neck.

The Middle Neck continued in the hands of several owners, most of them members of the Palmer family until about 1790 when Mr. Peter J. Munro who a year or two before had bought the original Samuel Palmer House (now pulled down and which stood back and a little to one side of the two enormous elms now standing east of, and near, the Larchmont Railroad crossing at the Boston Road, and about 150 feet south of the road itself) and its farm, acquired all the other lands on the Neek, except the Seott House and the mill pond on the extreme western extremity of the Neck, and became the owner in fce simple of the whole. In his possession and that of his family it remained till the year 1845 when the part south of the Boston road, with the great house he built upon it was sold to the late Mr. Edward K. Col- lius. From him or his representatives it passed finally into the hands of the late Mr. Flint and his associates who upon it have erected the beautiful summer village called Larchmont.

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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 212

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