USA > New York > New York County > Harlem > Revised History of Harlem (City of New York): Its Origin and Early Annals. : Prefaced by Home Scenes in the Fatherlands; Or Notices of Its Founders Before Emigration. Also, Sketches of Numerous Families, and the Recovered History of the Land-titles > Part 84
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Pursuant to a Justice's warrant, issued May 9, 1711, and directed to
* Dyckman and Nagel, having, in 1677, gotten 74 acres at Spuyten Duyvel, or as subsequently estimated, -6 acres (see pp. 304, 306, 546), their rights upon these were arranged as follows: The 76 acres making 38 morgen, from this count 18 morgen were taken and the two house lots substituted. these being classed as erven and taking erf rights. This gave them 2 erven, 20 morgen (or I erf 10 morgen each), upon which they were entitled to draw land. The additional 6 morgen rights on which they drew here were partly on the Nagel lots on Jochem Pieters' Flat, and partly on Dyckman's lot on Montanye's Flat, 3 morgen rights at cach place. Thus they drew together upon equal rights at Spuyten Duyvel, viz .: each on a 1 erf 13 morgen right.
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APPENDIX.
Gerrit Dyckman, constable of Harlem, authorizing a meeting for that purpose, the inhabitants and freeholders assembled on the 19th, and agreed that a division of the common land should be made forthwith; appointed Samuel Waldron, Zacharias Sickles, and Johannes Meyer to engage one or more surveyors to make a fair and equal division, and promised to defray the costs of the survey and all other charges attending such divi- sion, according to each one's proportion. A writing to this effect, dated at the town house, Harlem, May 19, 1711, was subscribed by Zacharias Sickels, Abram de Lamontanie, Samson Benson, Jan Kiersen, Metje Jan- sen, Johannes Meyer, Charles Congreve, Marcus Tiebaut, Laurens Cor- nelissen, Maria Meyer, Richard Willett, Pieter Oblienis, Samuel Waldron, Barent Waldron, Johannes Waldron, Abram Meyer, Jan Dyckman, Arent Bussing, Isaac Delamater, Gerrit Dyckman, Laurens Jansen, Jan Nagel, Derick Benson, Abraham Gouverneur, and Woodhull Tourneur.
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The business was promptly undertaken, and so far as possible in the mode prescribed by the act of 1708. Peter Berrien, of Newtown, an ex- perienced surveyor, was employed; and three disinterested persons, to wit, John Lawrence, Cornelis Luyster, and Edward Blagge, were chosen by the freeholders and inhabitants, "to see that a just and equal division be made of their undivided lands." No record remains of any sales of land, as provided for by the act, for meeting the necessary expenses ; but it may be presumed that such sales took place, since a disregard of this provision might have caused dissatisfaction and impaired the legality of the entire proceedings, and because the records show that several tracts of the common land, not in the regular allotments, passed into private hands at about this date. These tracts consisted of 100 acres adjoining the North River and lot No. 5 of 1691 (now Manhattanville), which passed to Peter van Oblie- nis (see p. 623) ; 30 acres next to lot No. 1, of 1691, which passed to Law- rence Kortright, and since forming a part of the Samson A. Benson farm (see p. 434), and other parcels adjoining to the farms of Capt. Johannes Benson, Samuel Waldron, and John Kiersen, and which these persons secured. In making this division Peter van Oblienis figures prominently ; no one did more to further the business, according to the wishes of the freeholders. Legal advisers held that whereas the Nicholls patentees had at no time during their joint tenancy made any lawful partition among themselves to alter said joint tenancy, the premises, on the decease of the other four patentees, became vested in the survivor, Joost van Oblinus, and at his death, in 1705, in Peter, as his eldest son and heir. But never- theless, it was a trust; not to inure to his peculiar benefit, but, on the contrary, held and to be used for the benefit of the whole body of free- holders who had rights in the land. The Nicolls patent constituted the freeholders and inhabitants a corporation, so far as was requisite to the ownership and enjoyment of their common lands, with the inevitable right of alienation. The patentees named therein received a trust, to be ad- ministered for and on behalf of all the freeholders in common. But these patentees, in such capacity, made no grants and gave no deeds. Interpreted by the usage which from the first obtained under the patent, we find the principle constantly recognized and acted upon, that the power to grant lands and give deeds resided in the body of freeholders, except when dele- gated by them to others. Hence such business was invariably done either in town meeting, or by the magistrates, or other persons chosen for that purpose. The act of 1708, therefore, conferred no new power upon the freeholders in this regard, only so far as to enable a majority who should be residents to act. And Peter van Oblienis, from the first favoring a pro rata division of the common lands, is found, even after his father's decease, still acting under his former appointment, as one of the "trustees for the said town," in signing deeds. He subscribed, with the other freeholders, all preliminary agreements necessary for making the division of 1712, and admitted as grantors with himself the heirs of the four other patentees,
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HISTORY OF HARLEM ..
who also shared with him in the 60 acres of land voted by the freeholders, March 20, 1712, to be laid out before the division should be made, to the only use and behoof of the heirs or assigns of the five original patentees, or to such person or persons as should be adjudged by counsel proper to sign releases to the rest of the freeholders. Oblienis' 100 acres being in his possession when Berrien laid out the other lots, leads us to regard it as a purchase; but that he arbitrarily appropriated it, on pretense of an exclusive fee in himself, is not to be supposed. Until the deed to Oblie- nis be found (for doubtless he had one from the freeholders, as author- ized by the act and former usage), we shall hardly know more about the origin of this title. This tract, in the deed from Oblienis to Peter Wal- dron, referred to p. 624, is described as "Beginning at a stake near a rock, at the land of Margreta Cortright, thence north 37° west, along the said land 171 rods to Hudson's River, thence along the said River 73 rods to a stake in the Meadow of Martje Davids aforesaid, thence along the said Meadow to a stake at the head of the Swamp above the said Meadow, thence to a highway or road, and so along the said highway to a certain chestnut free marked and standing on the northwest side of the road, near the house of Johannes Meyer, and from thence along the land of said Meyer to the place where it at first began; containing by estimation one hundred acres of land." The convent and chapel of the Sacred Heart now occupy the northeast corner of this tract. [1881.]
Peter van Oblienis, on his private rights (1 erf and 24 morgen), was entitled to draw of the common land 81 acres I q. 4 rods, including the 12 acres allowed him as a full patentee for signing deeds. This he sold to his brother Hendrick, who owned no erf or morgen rights. The latter was living on the farm given him by his father "upon the southern end of the Long Hill" (see p. 625), his house standing at the intersection of Twelfth Avenue and 176th Street, on the tract since Arden's. His 81 acres were laid out in one parcel, next above his farm, taking in Fort Washington heights. This with 6 acres named in the following vote of the town gave Hendrick 130 acres as rated, and which he held unchanged till his death in 1745.
"At a town meeting, 27th March, 1712; Memorand; That it was then agreed by all the freeholders and inhabitants then met, that Hendrick Ob- lienis shall have laid out to his own use Six Rod, (in consideration of his share of the undivided land now surveyed), from the southerly corner of his fence southerly, thence in a parallel line along the line of his lands, north 67° west to Hudson's River. The said Hendrick to leave a sufficient open road, with a swinging gate. up to the Long Hill; that is to say, from a certain brook where a bridge lies, where the old highway went.
Signed as evidence CORNELIS LUYSTER, JOHN LAWRENCE"
The spring of 1712 found the work of the surveys essentially completed. The vacant lands to be disposed of were laid out in four general groups called the Four Divisions, in each of which every freeholder so entitled, drew a lot.
First Division embraced nearly all that remained of common land on and adjacent to. Harlem plains. It numbered 21 lots, which of necessity lay considerably scattering, as we shall show. The 60 acres given as a consideration for signing deeds were included in this division, except 6 acres .*
* The 60 acres were awarded as follows: 12 to Peter Van Oblienis; 12 to Maria Meyer; 12 to the estate of Capt. Delavall; 6 to Jacques Tourneur; 6 to Woodhull Tourneur; 6 to Johannes Waldron, and 6 to Samuel Waldron. The distribution was thus confined to the sons or heirs of the five original patentees, and in no case ex- tended beyond two representatives of any one patentes. At the same time any of the heirs or assigns of these patentees were "adjudged by counsel proper to sign releases to the rest of the freeholders." Hendrick Van Oblienis signed patentee deeds, as
823
APPENDIX.
Second Division began above the lots on Jochem Pieters Hills, laid out in 1691, at the line heretofore designated, which ran from Kingsbridge Road, about 50 feet below 162d Street, on a course north 34° west to Hudson River. Lots I to 5 were laid out on this (the west) side of the road, and extended up the same to Hendrick van Oblienis' line, which began at a point midway between 175th and 176th Streets, and ran thence to the Hudson, north 67° west. Easterly of the road lay lots 6 to 20, beginning at the lower line, continued to Harlem River, and extending up . to within a few feet of 190th Street, at the highway, being bounded north- erly by a line south 53° east.
Third Division beginning where the second ended, lay in two parallel tiers, separated by what was called the Cut Line, whose course was then north 35° east; and extended up to the farm of Bastiaen Kortright (see p. 267), and the Sherman's Creek meadows. It contained 18 lots, of which Nos. I to 13 lay between the highway and the Cut Line, and the remainder between the Cut Line and Harlem River.
Fourth Division, which also contained 18 lots, lay opposite the third, between the highway and the Hudson, and beginning upon Hendrick van Obelienis' northern line, which ran from a point on the highway about central between 185th and 186th Streets, north 67° west to the river, ex- tended up to "the little bridge at John Dyckman's land," where the high- way crossed Pieter Tuynier's Run; leaving a small gore of common land between lot 18 and Dyckman's line, which latter ran from the bridge north northwest to the "little Sand Bay," on the Hudson.
There was method in the divisions. These lands were to be kept chiefly as woodlands; but Third Division, occupying the slope and com- manding the heights then called the Rondevlysberg, or Round Meadow Hill, since known as Fort George, was planned for a future dorp, and indeed was often referred to as "the village." Lying so near to Fourth Division, these were often joined in subsequent sales, as some had been in the original drawing. The Second Division bore a similar relation to the First, or to the homesteads, to which they were more especially the appendages. The whole planning was obviously the result of much study and wise forethought.
"The several Highways laid out in the new Divisions" were legalized by the following action :
"At a town meeting held 22d March, 1711-12: It was then agreed by the freeholders of the said town-
I. That a sufficient wagon road be laid out and remain for the use of the owners of the lands laid out between the patent line and the line of Johannes Vermilye's land; the said wagon road to run across the head of each lot to the Round Meadow.
2. That a sufficient common wagon road be laid out and remain for the use of all the freeholders, over the lot of land laid out to John Dyck- man in the First Division, No. 21, from the Queen's High Road, to the usual landing place on Harlem River.
3. That a sufficient common wagon road be and remain from the Queen's Road at Hendrick Oblienis' house to the landing place on Harlem River over against Crab Island; as laid out in the General Map of the late undivided lands.
4. A road sufficient for wagons from the Round Meadow lying near Spuyten Duyvel, as near the middle line as conveniently may be, to the road laid out from the house of Hendrick Oblienis and the Queen's Road, to the landing place against Crab Island.
did Barent Waldron, Samson Benson and Capt. Congreve; Congreve and Benson, with Dyckman, holding part of the Tourneur lands and rights, but none of the above shared in the Go acres. Woodhull Tourneur, by heirship, took a share, though he had sold his lands, and then held neither erf nor morgen right, and was not even a resi- dent. He signed deeds and was entitled to 6 acres as a half patentee, but probably. sold his claim to Hendrick Van Oblienis. (See p. 822.)
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HISTORY OF HARLEM.
5. Another road for wagons, etc., from the north end of the Long Hill, through the land of Hendrick Oblienis, to the Queen's Road. 6. Another road from Upbro's Hook, below the hill, to the land of John Kiersen, thence to the Queen's Road .*
7. A road from the Queen's Road along the fence of Barent Waldron, and along the meadow of Isaac Delamater.
8. A road from the Queen's Road, betwixt the houses of John Meyer and John Waldron, to the top of the hill, to the line of Peter Oblienis' land, and so along said line northward, and along the heads of the lots, . to the land laid out to right of Capt. Delavall."
Messrs. Lawrence, Luyster and Blagge made a return, June 20, 1712, of the land due each person upon his erf and morgen rights, and of which we annex a copy; the apportionment being made upon the following basis, to wit: In First Division, 3 acres Iq. 20 rods to each erf or house lot, and 2 q. 14 rods to each morgen; In Second Division 6 acres per house lot, and I acre 3 rods per morgen; In the Third Division I acre 2 q. 10 rods per house lot, and Iq. 2 rods per morgen; In the Fourth Division, 2 acres 2q. 30 rods per house lot, and I q. 32 rods per morgen.
Peter Berrien, on June 25, signed certificates of the lands laid out for each person, similar in form to that given p. 810, and of these also, which give the quantities actually drawn, we append a summary. From these the deeds were prepared and executed; and in which the other lands of the grantee were included or not, at his option. These date all the way from 1712 to 1715. We would gladly learn the whereabouts of any of these patentee deeds; such as we have seen are engrossed on large sheets of vellum, and usually done by Capt. Congreve, then the town clerk.
The situation of the lots in the First Division will be better understood by a brief description; as these lots lay in several detached groups, and some of the lots consisted of more than one piece. These lots usually overran by a few rods the quantity called for, owing to surplusage in the tracts divided. Lots I to 5 lay in one tract adjacent to the village.
No. I, containing 24 acres, ran from the end of the Buyten Tuynen, or Out Gardens, westerly, on the north side of the highway, to the Mill Creek. It was bought from Waldron by Samson Benson, and included in his patentee deed of April 20, 1713.
No. 2, which Benson had drawn, lay next north, and butted easterly on the Kingsbridge Road, opposite the Church Farm.t He set off, prob- ably at this end, to his brother Derick, a plot of 3 acres 1q. 39 rods, which Derick gave back under a later agreement; when Samson conveyed the two lots entire, in all 41 acres I q. 23 rods, to his brother Johannes Benson, February 19, 1724-5. Johannes sold the tract, March 14, 1732-3, to Peter Bussing. it passing under his will of February 19, 1733-4, proved July 27, 1737, to his son Aaron. In 1753, Aaron buying some strips next the roads, from the town, increased the contents to 45 acres 3 q. 22 rods, as per Goerik's survey of May 5, 1787. On May 6, 1787, Bussing's executor sold this tract to Capt. Samson Benson, who near the close of his life had it laid off into several parcels, which by his will dated April 28, 1823, he distributed among his heirs. St. Paul's Church (Catholic) stands on the eastern part of said lot No. 1, First Division [1881]. See Deduction of the Title of Peter Poillon, etc., by Mr. Adriance.
* Tuoby Hook, a point of land on the North River side, at 206th street, is here referred to. It took its name from Peter U'bregt, a Brabanter. (See p. 548.) U'bregt. by a clipt pronunciation, became Upbro, and Ubby, or as the Dutch made it, 't Ubby, . or Tubby Hook. .
t On this corner where the roads met Capt. Benson built a large tavern early in the present century-the site since within the "Harlem Park"-and which was con- ducted for some years by Capt. Marriner, who had previously kept the Ferry House (see p. 172), and who gained a great celebrity for the excellent table he set for his guests, as for his whale boat exploits during the Revolution, which he was never tired of relating. He was an intelligent, well educated man. (See notice of him in Thompson's Long Island.)
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APPENDIX.
No. 3 (23 acres 32 rods) lay above No. 2, extending from Kings- bridge Road westward to the meadows; its southern line running north 861/2" west, its northern, north 64° west. It was sold directly by Nagel to Abraham Myer, who in 1720 added 2 acres lying "in the hills," (Mount Morris), for which, in 1747, he paid the town 16 shillings, and took a deed. The lot passed to Abraham Myer, Jr., thence to his kinsman Johannes De Witt, Jr., who sold it to Peter Benson, April 9, 1789. See said Poillon Title, P. 30.
No. 4 (3 acres I q. 29 rods) lay next to No. 3, and was 5 rods broad; its lines parallel, and north 64° west. It ran "almost to the meadow at the Mill Creek." Zacharias Sickels took it in exchange for other land, as per his patentee deed mentioned p. 298, but sold it in 1722 to Abraham Meyer, whence we believe it passed to Adolph Benson, owning No. 5, which lay next northerly.
NO. 5 (25 acres I rod) included "the hills," or Mount Morris. Pass- ing through several hands to Adolph Benson (see p. 434), it became a part of the Samson A. Benson farm. This exhausted the common land in this tract, except some 30 acres still reserved by the town, but subse- quently sold to Adolph Benson, in 1747, for £50.
No. 6 (16 acres I q. 8 rods) embraced a strip of common land stretch- ing along the Harlem patent line and the highway, from the northern end of the Hoorn's Hook or Waldron farm (94th Street), up to lot No. 7 (the late McGown place, 102d Street), being bounded easterly by a crooked fence of Capt. John Benson. Samson Benson bought it May 4, 1721 (see p. 430), as an addition to his farm, but it is now mostly within Central Park.
No. 7 included the McGown plot referred to, laid out for 9 acres 3 q. 32 rods, and also 2 acres 2 q. 12 rods lying opposite to it, west of the high- way, and along the north side of the grant made Abraham Delamontanie, in 1691 ; both pieces being now in Central Park. We have noticed this lot fully on pp. 439. 545, 551,' 592. The venerable McGown house made a part of the late Stetson's, or rather Ryan and Radford's Hotel, destroyed by fire Jan. 2, 1881.
No. 8, alloted the heirs of Capt. Thomas Delavall, consisted of three . parcels, two of these now in Central Park, the first containing 16 acres 3 q. 28 rods, being bounded south by the small part of No. 7, east by the highway, west by the creek or run called the fonteyn, and north by the Metje Cornelis, or Nutter farm, to which it was afterward added. The second piece (1 acre 3 q. 24 rods) lay opposite, across the highway; bounded south and east by the creeks, and north by Metje Cornelis' farm. Later the road to Harlem village was run over this piece; it is now mostly within Harlem Lake. The third and chief part of No. 8 (35 acres 25 rods) lay near the upper end of Harlem Lane, and was of very irregular shape; joining northwesterly to No. 9, of this division, northeasterly to Peter van Oblienis' 100-acre tract before noticed, southeasterly in part by the high- way, and westerly upon Jacob De Key's land, or the Harlem patent line, along which it ran southerly, between said line and the Montanye Flat lots, to a point at the old Tourneur farm. The late Capt. John Kortright farm took in part of this parcel, other parts (one owned by Peter van Oblienis) were bought up by Adolph Myer, and included in the Molenaor 84-acre tract. See pp. 604, 607, and Appendix I.
Nos. 9, 10, 11, 12, 13, 14, all taking a course north 79° east and butting upon the land of Jacob De Key and the Oblienis 100 acre tract, formed a tier or wedge-like plot which reached to Moertje Davids' Fly. These lots also were subsequently included in the Molenaor 84 acre tract.
No. 15 (35 acres 32 rods) laid out to Maria and Johannes Myer, ex- tended along the west side of Kingsbridge Road from 130th to 140th Streets, being bounded westerly (nearly on the line of Ninth Avenue) by
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HISTORY OF HARLEM.
the Oblienis 100-acre tract, and lot 5 to 8, of 1691. It fell to Johannes Myer and his son Jacob. See p. 601.
No. 16 being in two pieces, the principal one, containing 9 acres 3 q. 14 rods, stretched north from No. 15, between the end of lot 9 of 1691, and the highway to 145th Street, or the line of lot 10 of 1691. Johannes Myer bought this part in 1722. See pp. 601, 605. A supplementary piece (2 q. 23 rods) lay opposite, east of the road, at the south point of the triangular tract, since owned by Samuel Bradhurst, and probably not reaching above 145th Street.
No. 17 (3 acres I q. 20 rods) lay next north, and was sold by Dela- montanie to Barent Waldron, by the latter, August 6, 1740, to John R. Myer, and called "four acres more or less," and by John to Abraham Myer, July 21, 1743. It came to be included in the Bradhurst tract.
No. 18 lying next north, extended up between the highway and Buss- ing's Point inlet to 150th Street. It passed through the Low family (see p. 582) to John Maunsell, from him to Bradhurst.
No. 19 was sold by Congreve, December 26, 1713, to Johannes Waldron. and by him to his son Samuel, November 17, 1748. It passed to John Dy kman, thence to John Watkins (see p. 550), thence to John Maunsell, and from his widow to Mrs. Beekman .*
No. 20 was sold by John Delamater to Johannes Waldron, in 1729, passed to John Dykman, thence to Lawrence Low, thence to his son John, thence to John Watkins (see pp. 550, 582), thence to John Maunsell. See No. 21.
No. 21, (12 acres 3q. 7 rods) making the last lot in First Division, extended up, on Kingsbridge Road, to 159th Street, to the Kiersen or Jumel Homestead line. It passed to Gerrit Dyckman, to his son John, to Law- rence Low, to his son John, to John Watkins (see pp. 548, 550), to John Maunsell, to his widow, and with No. 20, to Dr. Samuel Watkins.
We do not see an equal necessity for tracing the lots in the other three divisions, many references to which will be found in the foregoing pages. This may be done, usually, without much difficulty; care being taken to avoid the confusion which may arise in some cases from the re-plotting and re-numbering. This applies particularly to the lands purchased. by Leonard Parkinson, who came to own (with the Roger Morris, or Jumel Homestead, and the 57-acre tract opposite), the lots 1 to 5, Second Divi- sion, on the west of the highway, and on the east side, lots 8 to 11, in- clusive, less the Wear portion of No. 8. He caused all these lands to be mapped by Charles Loss, and divided up into 15 parcels, by new numbers, and which ignored all the original dividing lines. The Jumel Homestead alone remained unchanged, and this was called No. 8. From the 57-acre tract opposite, 48 acres 20 rods were set off as No. I. This he sold March 9, 1810, to Ebenezer Burrill. Above it, 37 acres 2 q. were laid off as No. 2, and sold, the same day, to R. C. Smith; later Dickey's. "Fanwood," the
* Charles Congreve, Gent., arrived at New York, May 3, 1702, in the suite of Governor Cornbury; the next year, as lieutenant, commanded a force sent to Albany, to guard the frontiers; in 1704, by Cornbury's orders, reported to the Lords of Trade, upon the military resources of the province, and to the Venerable Society, upon the state of religion, and, in 1706. being in England helped Oldmixon to facts for his British Empire in America. Capt. Congreve's zeal as a Churchman, with other cir- cumstances, induces the belief that his clerkship at Harlem was not merely secular, but was designed for introducing the English liturgy. (See p. 408.) Here he ac- quired property, as noticed pp. 637, 698. His land in the 4 Divisions were drawn on a 6 morgen I erf right, upon his lot on Jochem Pieters' Flat, and its adjoining house lot; except 16 acres "of first and second draft," gotten of Samuel Waldron. His lot in 2d Division he sold, with his farm on Van Keulen's Hook, to John Van Horn, of New York, merchant; those in Ist, 3d and 4th Divisions to Joh. Waldron. Congreve was a frequent petitioner to the government for land, between 1702 and 1723, and re- ceived several grants. In 1736 he commanded at Oswego; in 1740, with his son-in- law, John Lindesay, went to Cherry Valley, but left on the breaking out of the French War, in 1744; Mr. Lindesay, in whose favor Congreve had resigned his lieu- tenancy in the Independent Fusileers, going to take command at Oswego. And here we lose sight of Capt. Congreve. (See N. Y. Col. Hist. vi., 707, note.)
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