History of Westchester county : New York, including Morrisania, Kings Bridge, and West Farms, which have been annexed to New York City, Vol. I, Part 218

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 218

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" I told them as to the last purchase wherein I was concerned, if that gave them any dissatisfaction, that I would not only quit my claim, but use my in- terest in getting them any part of it they should de- sire. Their answer was, they valued not that; it was Harrison's Patent that was their ruin." 5

1 Baird's History of Rye, p. 156. The same erroneous statement was copied from Baird into the second edition of Bolton's Westchester, vol. ii. p. 558.

2 So styled in Baird, Hist. Rye, p. 156.

3 From an ancient copy of the deed in the writer's possession.

4 iv. Col. Hist. 627.

5 Vol. xii. p. 36 of the Col. Mss. in Sec. of State's office, Albany. It is printed in Baird's Hist. of Rye, p. 100.

883

MAMARONECK.

Some five years after the granting of the West Patent to Robert Walter and his associates in 1701, the southern part of it on the Byram River was, in derogation of their rights, granted to Anne Bridges and four others of the town of Rye. The West Paten- tees remained quietly in possession however of all their territory. About twenty-three years after the issu- ing of the West Patent, and about two after Colonel Heathcote's death, a suit in cjectment was brought, by the persons named in the Bridges grant of 1705-6 against Robert Walter and other owners of the West Patent. The reasons for it are now unknown as the latter had never been disturbed in the possession of their lands by any-body. It was unsuccessful how- ever. The following curious and interesting paper entitled " A truc state of the case," gives all the facts, and also shows how thoroughly Colonel Heathcote was even then considered "authority" in West- chester County matters. Its author, evidently a law- yer, is unknown, but it is in the small, clear, beauti- ful, handwriting of Peter Fauconnier an owner, by trust or by purchase, in all three of the great Patents above mentioued, and one of the best surveyors of that day. It is printed from the original in the writer's possession.

" A true state of the case,

Between the ejector John Horton &c., and Robert Walter &c., in behalf of the ejected, for lands in Westchester County.

" Coll. Caleb Heathcote well acquainted with the North bounds of the Tract of land called Well's and Coxe's purchases, being the lands long before claimed by, and since patented to, the Town of Rye the 11th day of August 1720;

" With the East and North bounds of the lauds granted the 25th day of June, 1696, to William Nicoll Esq., Ebenezer Willson, David Jamison, John Harri- son, and Samuel Haight, called Harrison's purchase ;

" With the North bounds of the lands claimed by the Inhabitants of White Plains ;

" With the Eastmost bounds of the several con- tiguous tracts of laud granted the 23rd day of Decem- ber, 1684, to Frederick Phillipse, and the course of Brunks river ;

" With the South bounds of those granted the 17th of Junc, 1697, to Coll. Stephen Cortlandt ;

" With the North and West bounds of the lands be- longing to the Town of Bedford ;

" And well knowing how, and where, the thrce several lines which have to divide this Province from the Colony of Connecticut, are to fall and to run, and consequently the location, extent, and limits, of the then still vacant lands adjoining thereunto ; he did acquaint there with the Persons hereinafter named jointly with, and for the use of, whom, with and by the assistance of Joseph Theale, John Horton, Joseph Purdy, Nathaniel Selcick, Richard Scofeild, James Mott, and Henry Disbrow, he did wholly and law- fully purchase the same.

"Being all that certain tract of land in the County of Westchester, bounded Northerly by the Manor of Cortlandt, Easterly with Bedford line of three miles square, the Whitefeilds, and Byram River, Southerly by the Colony second line, Rye line stretching to Byram River, the land of John Harrison, and the White Plains, and Westerly by Brunk's river and the Mannor of Philipsburgh. On the return of which purchase the said Coll. Heathcote and his associates applyed for, and on the 14th day of February 1701-2, obtained the Crown's Grant for the same, To Robert Walter, Leigh Atwood, Cornelius Depyster, Caleb Heathcote, Mathew Clarkson, Jolin Cholwell, Rich- ard Slater, Lancaster Symes, Robert Lurting [in Quest for the said Coll. Heathcote again] and Barué Cosens, under £6, 5 .- Quitrent.

"Notwithstanding all weh yet, and the said lands being vacant and unappropriated, the purchass there- of was so lawfully made, and the grant obtained: On the 12th day of January, 1706, being near five years after, Anne Bridges, John Clap, Augustin Graham, John Horton, and Thomas Height, on a wrong notion of an insufficiency of power and authority in the then Lieutenant-Governour to grant the above mentioned tract to the above named purchasers thereof, and on such other groundless surmises, did sue for and then obtained, an other posterior grant for the Southern part of the same individual tract of Land :

" It being for A certain tract of land in the county of Westchester within the Province of New York, be- ginning at a Beach tree standing by Byram river near a great rock, markt with the letters I. H. I. P. I. C., thence running up the said river North North West to a certain Ash Tree, ou the upper end of a place commonly called Pondpound's Neck, marked with the letters aforesaid &c to the Colony line, Westerly to the cight iniles stake standing between three white oak trees markt [viz.] one of the said trees is marked with the letters C C R on the north side and Y D on the south side, and from the said trees on a direct line, runs to the Northernmost corner of Rye pond, and thence south teu degrees Westerly to a white oak sap- ling marked by the Pond side with the letters T. I. P. thence by a range of marked trees south sixty four degrees East to au Ash Tree standing by Blind Brook on the East side thereof, and thence by another range of marked trees to a certain Chestnut tree markt with the letters J. P. on the North side, on the West side, with the letters I. P. on the south side with the letters I. H. and thence by a range of marked trecs to the place where it beguu.

" That this last-mentioned grant is all included in, and that the east, south, and most of the west bounds thereof are, the very same with the southmost ones specified in the aforementioned grant of the 14th February, 1701-2 to Robert Walter &c., will unques- tionably appear by comparing the southern bounds of the one with those of the other, and both with the northern bounds of the Patent granted the 11th day

884

HISTORY OF WESTCHESTER COUNTY.

of August, 1720, to Samuel Purdy and others for the Township of Rye, and with the eastern and northern bounds of that granted to William Nicoll &c., the 25th day of June, 1696, called Harrison's Lands, or Harrison's Purchase.

"Matters relating to that affair being in reality as hath been related, the several questions which do naturally arise therefrom, are, first, what could induce these last Patentees to sue for a Grant of that land in 1705-6, which they well knew had been already patented in 1701-2. Secondly, Why, having been at the trouble and charges thereof, they not only left the said first Patentees so long quietly owne, but also survey the same, and not only be present thereat without the least objection, but also shew them the East and North lines of Well's and Harrison's pur- chasses ; to let them dispose of several pieces part of it, and the buyers thereof without interruption en- joy the same about 23 years after that first grant was obtained; and lastly what could induce them, so late then to serve a Lease of Ejectment on it."

The answers to these questions we are left to con- jecture, as except the boundaries of the patents it refers to, which accompany it. Nothing else appears on the paper. It is apparently part of a lawyer's statement of facts, upon which to base an opin- ion. It would seem from the statement itself that the Bridges Patent was granted on the idea that Lieutenant-Governor Nanfan for some reason not stated, had not the power to issue the West Patent when he did, and that it was therefore of no effect. An utterly false idea, for his power as Com- mander-in-chief was exactly that of all Governors- in-chief, as set forth in the royal "Instructions " to each of them. The West Patent remained, undis- turbed, and is the foundation of the present title to the region covered by it (now New Castle and a large part of North Castle and a part of Bedford). The suit was probably a scheme of some lawyer, or some person, who was a personal or political oppo- nent of some one or more of the proprietors of the West Patent, for the value of the land then was en- tirely too little to induce a speculative action. The following is the text of the West Patent from a certi- fied copy of 1734, in the writer's possession.

THE WEST PATENT. Recorded at the request of Robt. Walters & others.

William the third by the grace of God of England Scotland ffrance & Ireland King Defender of the ffaith &c, To all to whom these presents shall come or may consern Greeting Whereas-our Loving Subjects Rob- ert Walters Leigh Attwood Cornelius Depeyster Caleb Heathcote Matthew Clarkson John Chollwell Richard Slater Lancater Simes Robert Lurting & Barne Copens have by their petitions presented unto our trusty & wellbeloved John Nanfan Esq", our Leiutt, Gov", & Commander in Cheif of our Province of New York and the territories depending thereon in America &c,

prayed our Grant & confirmation of a Certain tract of Land in our County of West Chester Bounded North- erly by the Mannor of Courtlandt Easterly with Bedford Line of three Miles Square the white feilds & Byram River Southerly by the Land of John Har- rison Rye line Stretching to Byram River aforesd, & the White plains & Westerly by Bronckx river & the Mannor of phillipsburgh excepting out of the bounds aforesaid all theLand within Richbells patent now in the tenure & Occupation of Coll Caleb Heathcote which first above named tract of Land was purchased by Caleb Heathcote & others with whom he has agreed excepting James Mott & Henry Disbrow whom he hath undertaken to Satisfy within which bounds there are by Estimation about five thousand Acres of profitable Land besides Waste & Woodland which reasonable request we being willing to grant Know Ye that of our Special Grace certain knowledge & meer motion we have given granted ratified & con- firmed and by these presents do for us our heirs & Successors give grant ratify & confirm unto our Said Loving Subjects Robert Walters Leigh Attwood Cornelius Depeyster Caleb Heathcote M. Clarkson Jnº Chollwell Richª Slater Lancaster Symes Robert Lurting & Barne Cosens all the aforesaid tract of Land within our County of Westchester & within the limitts & bounds aforesd together with all and Singular the woods underwoods trees timber feedings pastures meadows marshes swamps ponds poolles waters water Courses rivers rivulets runs brooks Streams fishing ffowling hunting & hawking mines Mineralls (silver and Gold mines Excepted) and all other profitts benefitts priviledges Libertys advantages Hereditaments & Appurtenances whatsoever to the aforesª tract of Land within the limitts & bounds aforesd belonging or innywise appertaining To have and to hold all the aforesaid tract of Land together with all & Singular the woods underwoods trees timbers feed- ings pastures Meadows Marshes Swamps ponds pools waters water Courses Rivers Rivuletts runs brooks Streams fishing fowling Hunting and Hawking Mines Mineralls Silver and Gold mines Excepted & all other profits benefits priviledges Libertys Advantages He- reditaments & appurtenances whatsoever to the aforesd tract of Land in this the Limitts & bounds aforesa belonging or in any way appertaining unto them the said Robert Walters Leigh Atwood Cornelius Depey- ster Caleb Heathcote Matthew Clarkson John Choll- well Richard Slater Lancaster Symes Rob Lurting and Barne Cosens their heirs and assigns to the only proper use benefit & behoof of them the Sd Robert Leigh Attwood Cornelius Depeyster Caleb Heathcote M Clarkson, Jnº, Chollwell Lancaster Symes Richard Slater Robert Lurting & Barnc Cosens their heirs & Assigns for ever To be Holden of us our heirs & Suc- cessors in free & Common Socage as of our Mannour of East Greenwich in our County of Kent within our Realm of England Yeilding rendering & paying there- fore Yearly & every Year for ever at our City of New

885

MAMARONECK.

York unto us our heirs and Successors or to Such Of- ficer Or Officers as shall from time to time be im- powered to receive the same the Annual & Yearly rent of Six pounds five Shillings Current money of New York in Leiu & stead of all other rents dues duties Services demands w'soever In Testimony where- of we have caused the great Seal of our said Prov- ince to be hereunto affixed Witness John Nanfan Esq' our Leiu': Goveruour aud Commander in Cheif of our province of New York & the territories depending thereon iu America & Vice Admiral of the same &c at our ffort in New York the fourteenth day of ffeby Aº 1701, & in the thirteenth Year of our Reign John Nanfan, By his Hon's Commaud M. Clarkson Secry.

Secry® Office N York Mar 22d 1732 A true Copy from the Record FFREDK MORRIS, D Secry Compared with the Record ALD

It will be noticed how carefully this patent by ex- press words excepted and preserved to Colouel Heath- cote his lands under the Richbell Patent, which in part were covered by its boundaries. The portion of this Patent iu Bedford under the deed from Katonah above given, became the subject of controversy- and remained unsettled till 1771, when the dispute was finally terminated by the following mutual Agree- ment, the original of which is in the writer's pos- session.

Agreement between the Proprietors of the West Patent and Bedford.

"It is this day agreed between the proprietors of that part of the West Patent in Westchester County which was released to the said proprietors by Caleb Fowler Benjamiu Smith, & Joseph Sutton & the persons settled upon the same Lands and claiming a title thereto under the Township of Bedford, that the whole matters in Dispute between the said parties, shall be submitted to the arbitration of Richard Willis & William Seaman of Jerico, George Town- send of Norwich, Thomas Hicks, & Hendrick Onder- donk of the Township of Hempstead, & all of Queens Couuty, Gent". That the whole matters Differ- ences in Dispute between the said parties shall be submitted to the determination of the said refferees or any three or more of them without any Exception whatever. That Bonds shall be executed mutually each iu the peuall sum of £5000 New York Money 1 to stand to the award of the said Refferees or any three or more of them. That the award shall be made and ready to be delivered to the parties or some of them on or before the first day of September next. That if the Arbitrators or any three or more of them shall award the Lands in Dispute to be the property of the proprietors claiming under the West Patent, then the

said Refferees or any three or more of them are to award what sum the persons claiming uuder Bedford are to pay by the acre for the said Lands and the West Patent proprietors are, upon paymeut thereof, to release all their right in the Lands to the persons claiming under Bedford, & shall warrant & Defend them agt. all persons claiming under the West Patent. The Improvements are not to be valued, and if the Refferees or any three or more of them award that the proprietors of the West Patent are not entitled to the Lands in Dispute but that the same arc the prop- erty of the claimants uuder Bedford, then that the former shall release all their right to the latter of, in, and to, the Lands in Dispute. Dated this 27th day of March 1771,

John Bard

David Clarkson Behalf of the West

Thomas Joues 2 Patent Proprietors.

James Wright in Behalf of the claim-

John Lawrence ) ants under Bedford.

Under this agreement the settlement was made, the Bedford people paying about eight shillings per acre, it is believed, for the land to the proprietors of the West Patent.

A somewhat similar settlement had been made six years before, in 1765, by the Proprietors of the Mid- dle Pateut, or "the Whitefields Patent" as it was often called, which adjoined the West Patent on the East, by a like arbitration with Samuel Banks and some twenty four others, who having bought the rights of two or three of the Patentees entered upon, and took possession of the whole of that Patent, the grant for which is as follows:

THE MIDDLE PATENT. (The Whitefields).

" William the Third, by the grace of God, of Eng- land, Scotland, Frauce, and Ireland, King, Defender of the Faith, &c., to all to whom these presents shall come or may conceru, sendeth greeting : Whereas our loving subjects Col. Caleb Heathcote, Joseph Theal, John Horton, Joseph Purdy, Robert Walters, Leigh Atwood, Matthew Clarkson, Lancaster Sims, Cornelius Depeyster, Richard Slater, John Chollwell, Robert Lurting, and Barne Cosens, have by their petition, presented unto our trusty and well beloved John Nan- fan, Esq., our Lieut. Governor and Commander-in- chief of our Province of New York and territories depending thereon in America, &c., and prayed our grant and confirmation of a certain tract of land in the county of Westchester, bounded southerly by the colony line of Connecticut, casterly by Mahanas river, northerly by Bedford liue and marked trees to Mahanas river again, and southerly as the said river

2 Then recorder of New York, and later Judge of the Supreme Court, the Author of the History of New York during the Revolutionary War. He represented the Heathcote estate, his wife, Anne De Lancey, being a granddaughter of Colonel Heathcote.

1 12,500 dollars.

886

HISTORY OF WESTCHESTER COUNTY.

goes against the stream to ye head of the said river, and so to the said colony line, which said tract of laud on the 5th day of July last past, was by our said Caleb Heathcote, Joseph Theal, John Horton and Joseph Purdy, &c., purchased of the native proprie- tors, and containing within the limits aforesaid, by estimation, about 1500 acres of profitable laud, be- sides wastes and wood lands, which reasonable request, we being willing to grant, know ye, that of our espe- cial grace, certain knowledge aud merc motion, we have giveu, granted, ratified and confirmed, and by these presents doe for us, our heirs and successors, give, grant, ratify and confirm unto our said loving subjects, Col. Caleb Heathcote, Joseph Theal, John Horton, Joseph Purdy, Robert Walters, Leigh At- wood, Matthew Clarkson, Lancaster Sims, Cornelius Depeyster, Richard Slater, Johu Chollwell, Robert Lurting and Barne Cosens, all the afore recited tract of land within the county of Westchester, and within the limits and bounds aforesaid, together with all and singular the woods, uuderwoods, trees, timber, feed- ings, pastures, meadows, marshes, swamps, ponds, pools, waters, water-courses, rivers, rivulets, runs, brooks, streams, fishing, fowling, hunting, hawking, &c., mines, minerals, &c., (silver and gold mines ex- cepted,) and all other profits, benefits, privileges, lib- erties, advantages, hereditaments and appurtenances whatsoever to the aforesaid tract of land, within the limits and bounds aforesaid, belonging or in any way or ways appertaining, unto them the said Colonel Caleb Heathcote, &c., &c., their heirs and assigns to the only proper use, benefit and behoof of him the said Colonel Caleb Heathcote, &c., &c., their heirs and assigns for ever, to be holden of us, our heirs and successors, in free and common soccage as of our manor of East Greenwich in our county of Keut, within our realm of England, yielding, rendering, and paying therefor yearly and every year, on the first day of the Nativity of our Blessed Saviour, the annual yearly rent of one pound, seven shillings and six- pence, current money of New York, in lieu and stead of all other rents, dues, duties, services and demands whatsoever. In testimony whereof, we have caused the great seal of our said Province to be hereunto af- fixed. Witness John Nanfan, Esq., our Lieutenant Governor and Commander-in-chief of our Province of New York and territories depending thereon in America, aud Vice-Admiral of the same, at our Fort iu New York, this 17th day of February, 1701-2, and iu the fourteenth year of our reign." 1

"JOHN NANFAN."

This, the smallest of the three Great Patents, was held by its Patentees without a division of their interests till 1733, when the following appointment of Samuel Purdy to lay it out was made :

"New York Aug. ye. 20th: 1733.

" We the Undersigned owners and Proprietors of a

certain Tract of Laud, Called Whitefeild 2 in the County of Westchester, Do authorize and appoint Samuel Purdy, Esqe. to Lay out and Divide the said Lands in Order To our coming to an Entire Division of the Same, to Each Respective Pattentee or his assigns.

Witness our Hands

James De Lancey

D. Clarkson

C. D'Peyster

P. Fauconnier

John Symes Josiah Quimby.

Memorandm. for Justice Purdy to take Notice where the Division Line between Greenwich and Stamford falls upou the Colony Line.

A true copy From ye Originall by

Sam1. Purdy." 3

Mr. Purdy accepted the appointment and acted. He divided the Patent into two parts which he called the "East " and " West " Ranges, containing thirteen "Lotts " each. The number of acres in each is not now known, but the value of each lot is shown by the original list and valuation by Purdy, iu the writer's possession, which is as follows :-

An Estimate of the Lotts in Whitefield Pattent.

East Range.

West Range.

No.

93 00

73 00

93 00

78 00

85 00

95 00

80 00

95 00

54 00

92 00

44 00

77 00

44 00

77 00

44 00

84 00

44 00

10,

88 00

11.

50 00

11.

95 00

12.

62 00

12. 100 00

13.

72 00

13. 100 00

€850 00

€1139 00

850 00

Totall

£1989 00

Pr me

Sam" Purdy.

The names of the persons living on this Patent six years after Purdy's appointment above given were collected by Benjamin Fox of King Street and sent to Mr. Murray of New York, who was the lawyer and ageut of some of the patentees. Uuder date of "King St. 8br ye 7th, 1739," Fox writes Murray, "Inclosed have sent you the names of the People Possessed on the Whitefeild, or Middle Patent, which have Indev- ourª to colect as well as I could." The list which is on a separate paper, is as follows :

1 Book of Patents, No. vii. 224, Sec. of State's Office, Albany.

2 This name, singularly enough is so spelled in all the old deeds and documents. It should, of course, have been " Whitefields."

8 From an ancient copy in the writer's possession, in Samuel Purdy's handwriting.

887

MAMARONECK.

Thos. Hutchins

- Owens

Thos. Meritt

John Finch

John Ruuells, Sen"

John Brush

John Runells Jun"

Benj Brush

Benj. Platt

Sam" Peters

Jacob Finchı

Ebius Brock

Sam11 Banks

Francis Purdy

Johu Purdy 1

When, twenty-five years later, the final settlement of 1765, between the patentees and the settlers above referred to, was made, the parties then in possession, whose names are recited in the award, were ;- Sam11 Banks, John Banks, Beuoy Platt, Jonathan Platt, John Runnels, Jonathau Owens, John Rundle, John Arm- strong, Roger Sutherland, Smith Sutherland, Charles Green, Charles Greeu, Jun", David Brundige, Walter Morris, Aarou Furman, Jun", Shubel Brush, James Brundige, Stephen Edegett, Nehemiah Brundige, Abraham Knapp, Joshua Lounsbery, Daniel Brown, Jun', Phinehas Knapp, Jeremiah Numan, Rober Murfee, Jeremiah Green.

Some of these names appear in Fox's list of 1739, but only a few.

The arbitrators in 1765 were: " Daniel Kissam, Samuel Towusend, George Weekes, Benjamin Tread- well and David Batty, all of Queens County" and their award dated October 6, 1765, recites that they, " having sat as arbitrators and heard the said disputes, and having deliberately heard, examined, and consid- ered all the proofs and allegations of the said Parties in Controversy, do for the settling peace and amity between them make this our award, order, arbitra- ment, determination, and judgment of aud upon the Preurises as Follows-First, We do award and order, that the said Anne De Lancey, John Bard, Pierre De- peyster, David Clarkson, Peter Remsen, and John Ogelbie, and all others who claim lands under the said Patent which are not already sold or conveyed to the persons now in possession of the said lands, or to those under whom they claim, or to some or one of them, shall and do upon demand execute and deliver in due form of law a release of all their rights and Titles of, in, and to, the lands specifyed in the said Letters Patent, to said Samuel Bauks and the other persons above named who are now in possession of the said Lands, and to their heirs and assigns forever; aud that the said Samuel Banks aud the other per- sons above named, who are now in possession of the said Lauds, shall and do upou the delivery of such Release pay unto the said Anne De Lancey and such other persons as are hereby ordered to Execute the said Release, the sum of nine Shillings New York money 2 for every acre of said lands, which the said .Samuel Banks and the other persons above named or those under whom they elaim, or some or one of thein, have not already purchased of some, or one, of the

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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 218

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