USA > New York > Ulster County > Marlborough > The history of the town of Marlborough, Ulster County, New York: from the first settlement in 1712, by Capt. Wm. Bond, to 1887 > Part 4
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Also I give and bequeath and devise unto my son Wilhel- mus all that Southerly part of the said tract, being bounded as follows, to-wit: Beginning at the North side of the old Man's Kill, aforesaid, at a certain point of land between the said branches, being the place of beginning men- tioned in the aforesaid letters patent, and runs from thence, along the South bounds of the said tract, as the needle pointed Anno Domini 1786, South eighty-five degrees and a half, West one hundred and forty-eight chains to the South- ermost corner of said tract, being a walnut tree, formerly marked with three notches on four sides, then, along the West bounds of said tract, North twenty-nine degrees and thirty minutes, East ninety-eight chains and a half to a stake, a heap of stones put up for the Southwesterly corner of the first lot hereinbefore devised unto my said son Lewis, then, along the same, as it is bounded, on the Southerly sides, with the several courses thereof to the place where the last de- scribed lot, devised to my said son Wilhelmus, first began.
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Containing six hundred and sixty-two acres, be the same, within the bounds aforesaid, more or less. And the rever- sion and reversions, rents, issues and profits thereof, (except- ing, nevertheless, the lot of one acre and a half hereinbefore devised to my son Lewis, which is comprehended within the bounds of the last described lot.) To hold the said lot of land, with the rights, members and appurtenances, unto iny said son Wilhelmus, for and during his natural lifetime, and at and after the decease of my said son Wilhelmus, I give, devise and bequeath the same to the children, law- fully begotten or to be begotten by my said son Wilhelmus, to hold the same to my said grand children, and to their heirs and assigns forever in fee simple unto each of my said grand children, males and females, each of them an equal share thereof, respectively, as tenants in common ; Also I give, devise and bequeath unto my said son Lewis, and to his heirs and assigns forever, in fee simple, the Southerly, equal half part of my lot of land in Stuben township, in the State of New York, conveyed to me by Thomas Machin, by two certain deeds, one bearing date the thirteenth day of October, 1787, the other bearing date the thirtieth day of July, 1788, which lot is distinguished in a map of the division of said township, filed in the Secretaries office of said State, by lot number 14 and contains six hun- dred and forty acres, and I order that the said Southerly half part of said last mentioned lot shall be separated from the Northerly half part thereof by a line, running Easterly and Westerly, through the middle thereof, parallel to the North- erly and Southerly bounds thercof ; Also Igive, devise and bequeath unto my said son Wilhelmus the Northerly half part of said lot, number fourteen, so to be divided as afore- said, to be holden unto my said son Wilhelmus, for and dur- ing his natural lifetime and, at his decease, I give and de- vise the said Northerly ball part of the said lot number four- teen unto my said grandchildren, begotten, or lawfully to be begotten of my said son Wilhehnus, and to their heirs and assigns forever unto each of my said grandchildren, males and females, an equal share thereof as tenants in common,
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also I give, devise and bequeath unto my daughter, Mar- garet, the Southerly half part of my lot of land in Woodhul township, in the State of New York, which lot was convey- ed to me, by the aforesaid Thomas Machin, by deed bearing clate the thirtieth of July, 1788, and contains six hundred acres, and is known and distinguished in the map and di- vision of the said township of Woodhul, by lot number thirty-six, and I order that the Southerly half part of the said last mentioned lot shall be divided from the Northerly half part thereof by a line running through the middle thereof, from the Easterly to the Westerly bounds thereof, parallel to the Northerly and Southerly bounds of the same, and that the said Southerly half part so divided shall be and remain unto my said daughter Margaret and to her heirs and as- signs forever. Also I give, devise and bequeath unto my two granddaughters, to wit : Hannah (only child of my son Nathaniel, deceased) and Cornelia (only child of my daugh- ter Rachel) the Northerly half part of said last mentioned lot number thirty-six, so to be divided, to hold the said last mentioned Northerly half part of the lot No. 36 unto my said two granddaughters, their heirs and assigns forever, cach of them an equal share thereof, as tenants in common ; Also I give, devise and bequeath unto my daughter Mary, all the certain lot of land, lying in the town of Montgomery, in UI- ster County, within a tract called the eight thousand acres, which lot is distinguished by lot number 15 in the third al- lotment of the last division of the said tract made by Thomas Moffat, Christopher Tappen and Cornelius Schoonmaker, Esquires, Commissioners, appointed for that purpose in pur- suance of the act for the partition of lands, which said lot contains one hundred and fifty-one acres, as by the field books and maps filed in the Secretary's of- fice of this State, and in the Clerk's office of Ul- ster County, reference unto the said division there be- ing had, will fully appear, which said last mentioned lot of land, I give and devise unto my said daughter Mary, during her natural life time, and, at her decease, I give, de- vise and bequeath the same unto the children, lawfully to be
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begotten and now begotten of my said daughter Mary, and to their heirs and assigns forever, each of my daughter Mary's children, males and females, an equal share therein, as tenants in common ; also 1 give and devise unto my daughter Margaret, all that lot known by the lot number twelve in the first allotment of the said division made of the eight thousand acre tract, containing one hundred and two acres and one tenth of an acre, as, by the said maps and field books, will also appear, to hold the said lot number twelve unto my said daughter Margaret for and during her natural lifetime, and at her decease, I give and devise the said lot number twelve unto all the children now begotten or to be begotten of the body of my said daughter Margaret, and to their several and respective heirs and assigns for- ever, each of my said last mentioned grandchildren, males and females, an equal share therein as tenants in common, in fee simple ; Also I give, devise and bequcath unto my said granddaughter, Cornelia, (only child of my daughter Rachel, deceased) all the residue of my lands in the said eight thou- sand acre tract, being part of the old division of part of the said tract, and in that part of lot number twelve in said old . division, which Andries Le Fever, released to me by inden- ture, bearing date 14th day of June, Anno Domini 1790, and contains ninety-five acres and one-third of an acre, as, by the said release remaining of record in the Clerk's Office of UI- ster County, reference being thereto had, will appear; to hold the said residue or lot of land hereby devised unto my said granddaughter Cornelia, her heirs and assigns forever, in fee simple ; Also I give and bequeath unto the children begotten and to be begotten of the body of my said daugh- ter Mary, the sum of five hundred pounds, lawful money of New York, to be paid unto him, her or them (if more than one ) in equal shares, after my said daughter Mary's decease, as the children shall or may, after said decease, arrive or be of age. And I order that my executors hereinafter named, shall put the said sum of five hundred pounds out upon in- terest, with good security, at discretion, and that they pay the interest from time to time thereof, as it may
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come into their hands, unto my said daughter Mary, as a maintenance and support for her, during her life time, after which the principal sum to be paid, as before directed, unto her children ; Also I give and bequeath unto the children now born, or to be born, lawfully, of the body of my said daughter Margaret, the like sum of five hundred pounds, lawful money of New York, to be paid to them respectively, by my said executors, after the deccase of my said daughter Margaret, in like manner as I have hereinbefore directed the like sum to be paid to the child or children of my daughter Mary. . And I also impower and order my executors to put out the said sum of five hun- dred pounds at use, on good security, at their discretion, and that they pay the interest of the said last mentioned sun, from time to time, as it comes into their hands, unto my said daughter Margaret, as a maintainance and support for her, during her life ; also I give and bequeath unto cach of my said two granddaughters, Hannah and Cornelia, the sum of two hundred and fifty pounds, lawful money aforesaid, which said sums of two hundred and fifty pounds shall be paid by my executors unto my said last mentioned grand- daughters, respectively, as they shall respectively arrive of full age, and, il any one or both of my last mentioned two granddaughters shall happen to die without lawful issue of her or their bodies begotten, before she or they may re- spectively arrive to the age of twenty-one years, then and in such case, the legacy hereby given unto them or such of them so happening to die without issue as aforesaid, shall be equally divided among my other children. to wit: my sons Lewis, Wilhelmus, and daughters Mary and Margaret and to their respective heirs and assigns forever ; Also 1 do hereby order and direct my said executors, out of the monies which I may have at use at the time of my decease, to keep or retain, or set apart the sum of five hundred pounds, New York cur- rency, and my said executors shall annually pay the interest of the last mentioned sum unto my said wife Rachel during her widowhood as a further support for her. And if, at any time after my decease, and during her widowhood it should
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- appear to my said executors that the interest of the said sum of five hundred pounds, together with other provision made in this will, unto my said wife, should not be adequate to af- ford a reasonable and decent support for my said widow then, and in such case, it shall be lawful for my said execu- tors, and upon the request of my said wife, from time to time and at discretion to take part of the said last mentioned principal sum, and to appropriate such part towards the bet- ter maintenance and support of my said widow. All my other estate, both real and personal, that shall remain after payment of my debts and funeral expenses, and the legacies hereinbefore devised, i give, devise and bequeath the same, together with the last mentioned sum of five hundred pounds or the Residue thereof, after my wife's decease or Day of Marriage, unto my said four children, Wilhelmus, Lewis, Mary and Margaret, my wife Rachel, and my two grand daughters Hannah and Cornelia, that is to say, unto my said son Wilhelmus, and to his heirs and AAssigns forever, one sixth part thereof, and unto my said son Lewis, his Heirs and Assigns forever, one sixth part thereof, unto my said Daughter Mary, her Heirs and Assigns, one sixth part thereof unto Margaret, one sixth part as aforesaid unto my said two Grand Daughters the one sixth part thereof, as aforesaid, and unto my beloved wife, Rachel, one other sixthe part of the said Residue. It is however to be understood that the said last mentioned sum of five hundred pounds, or the residue thereof, after my said wife's Widowhood shall expire, shall be divided only among my said two sons, and two Daughters, and my said two Grand Daughters, cach of my said Sons and Daughters one fifth part thereof, and the remaining fifth part thereof unto my two grand daughters, Hannah and Cornelia. All the Legacies and priveleges, by my this my Willgiven unto my wife, I give unto her in lieu of her right of Dower. And Lastly I do hereby make, or- dain, Constitute and appoint my son Lewis, my good Friends Josiah Merritt and Johannis Lefever, Esq., my brother-in-Law Johannis T. Jansen, and Cornelius DuBois, Junr., and Johan- nis Bruyn, and the Survivors of them to be executors of this
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my Last will and Testament. And I do also Nominate my said Son Lewis and my said brother-in-Law, Johannis T. Jan- sen, to be and act as Guardians to my said Grand Daughters, Hannah and Cornelia, and to have the care of their Estate.
IN WITNESS WHEREOF I have hereunto Set my hand and Seal, the Day and Year first above written.
LEWIS DUBOIS. (1 .. S.)
Signed, Sealed, published and declared by the Testator as his last Will and Testament, in presence of us, who Signed our Names hereto as Witnesses in this said Testa- tor's presence, and of each other-page 2d. the words South sixty nine degrees, East Interlined in the 12th. line, East in the 23rd .- four on Razure in the 28th. (in the third page, the words one in the rith. line on Razure) page 6th. the word Grand wrote on the blot, 26th. line (page 8th. last line, Daughters in- terlined page oth. to wit, on razure in the 27th. line and be in the third line) toth. page, 16th. line, Ion Razure, the last page, 18th. line, the letter ('in the word Guardian, Interlined.
ANDREW ELV, JOSIAH MERRIT, JOHANNIS T. JANSEN, JOHANNIS BRUNN.
Ulster County, ss : Be it remembered that, on the first day of February, in the year of our Lord, one thousand, eight hun- dred and three, personally came and appeared before me Joseph Gasherie, Surrogate of the said County, Johannis T. Jansen and Johannis Bruyn, of the town of Shawangunk, in the said County, ycomen, and Andrew Ely, of the town of Marlborough, yeoman, and being duly sworn, on their Oaths declared that they and each of them did see Lewis DuBois sign and seal the within written instrument purporting to be the Will of the said Lewis Du Bois, bearing date the Nine- teenth day of November, one thousand, seven hundred and ninety-five, and heard him publish and declare the same, as and for his last Will and Testament that, at the time thereof, he, the said Lewis Du Bois, was of sound disposing mind and men- ory to the best of the knowledge and belief of them, the de- ponents, and that they, the said deponents, together with
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Josiah Merritt, subscribed the said Will, as witnesses there- to, in the testator's presence. And that Lewis DuBois, Junior, Johannis T. Jansen and Johannis Bruyn, Executors named in the preceeding will, likewise appeared before me and were severally sworn to the true execution and perfor- mance of the said preceeding will, by taking the usual oath of an executor.
JOSEPH GASHERIE, Surrogate.
The preceeding is a true Copy of the original will of Lewis DuBois, deceased, and also of the Certificate of the prool thereof-Note the words said in page 8, the 16th line, respective, page io, the 3rd. line, Son, same page, the 27th. line, daughters, page 11, in the roth. line being interlined.
JOSEPH GASHERIE, Surrogate.
THE BOND PATENT.
Anne, by the grace of God, quene of Great Britain, France and Ireland, defender of the faith, etc., to all whom these presents shall come, or may in any wise concern, greeting : Whereas, our living subject, William Bond, Esq'r, his hum- ble petition presented to our trusty and well beloved Robert Hunter, Esquir, Captain Generall and Governour-in-chief of our provinc of New York and territory depending thereon in America, and Vic Admirall of the same in Council bath prayed Our grant and confirmation of a certain tract of Land in the County of Ulster, being part of the Land formerly granted to Captain John Evans, now vacated and reserved : Beginning on the West side of Hudson's river, in the line of the South bounds of the land of Mr. John Barbaric, it runs with the said Line up into the woods North sixty-one degrees. West one hundred and seventy chains, thence South three degrees, East fifty-one chains, thence South sixty-one degrees, East one hundred and fifty chains to Hudson's river ; thence up the river Runs to the place where it first begun, containing in the whole six hundred acres English
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measure, being bounded Northward by the said land of the said John Barbarie, Westward by land not yet surveyed, Southward by land not yet surveyed, and Eastward by Hud- son's river aforesaid, the within petition we being willing to grant ..
KNOW YE that of our especiall grace certain knowledge and meer motion we have given, granted, ratified and con- firmed and by these presents do for us, our heirs and suc- cessors give, grant, ratify and confirm unto the said Wil- liam Bond, all that the said grant of land and premises above mentioned and described with the hereditaments and appurtenances thereunto belonging within the limits and bounds aforesaid, together with all and singular woods, underwoods, trees, timber, feeding pastures, meadows, marshes, swamps, ponds, pools, water, water tours, inert or in action, runs and streams of water, fishing, fowling, hawk- ing, hunting, mines and mineralls, standing, growing, lying and being to be used had and Enjoyed within the Lands and bounds aforesaid, and all other profits, benefits, privileges, libertys and advantages, hereditaments and appurtenances whatsoever, unto the said tract of Land and premises and any part and parcel thereof belonging or in any wise apper- taining, and all our estate, right, title, interest, benefit and advantage, claim and demand whatsoever, of, in, or to the said tract of land and premises with the hereditaments and appurtenances aforesaid and every part and parcel thereof, and the reversion and reversions, remainder and remainders, together with the yearly and other rents and profits of the same tract of land and premises and of every part and parcel thereof except always and reserved out of this Our present grant unto Our heirs and successors all such firr trees and pine trees of the diameter of twenty-four inches at twelve inches from the ground or root as now are or shall be fit to make masts for Our royall navy, and also all such other trees as are or shall be fitt to make masts, planks or knees for the use of our navy aforesaid only which now are standing, growing and lying, and which hereafter shall stand, grow and be on and upon the said tract of land and premises or any
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part and parcel thereol with free liberty and license for any person or persons whatsoever (by us Our heirs and succes- sors thereunto, to be appointed under our sign manual), with workmen, horses, wages, carts and carriages, or without to enter and come into and upon the same tract of land and premises or any part thereof, hereby granted them, fo fell, cut down, root up, hew, saw, rooe, have, take, cart and carry away the same for the use aforesaid (and also except all gold and silver mines), To have and to hold all that, the said cer- tain tract of land and premises with its hereditaments and appourtenances hereby granted aforesaid (except as before excepted only) unto the said William Bond, his heirs and assigns forever to the sole and only proper use, benefit and bchoof of the said William Bond, his heirs and assigns forever.
To be holden of us our heirs and sujects in lee and conion soccage as of, our manors of East Greenwich in the County of Kent, within our realm of Great Britain, yeilding rendering and paying therefore yearly and every year unto our heirs and successors.from henceforth forever at our cus- tom house in New York to our, or their collector or receiver (stationed) there for the time being at, or upon the feast day of Saint Michael the Archangle (commonly called Michal- mas day), the yearly rent or sum of two shillings and six- pence current money of our province of New York for every one hundred acres of land of the before mentioned track of land of six hundred acres hereinbefore granted and con- firmed in lieu and stead of all other rents, dues, duties, ser- vices, and demands whatsoever. Provided always and these presents are upon this condition, that the said Win. Bond, his heirs and assigns, some or one of them shall and do within the space of three years now, next ensuing the date hercof settle there and make improvements of three acres of land at the least for every fifty acres of the said tract of land of six hundred acres hereinbefore granted, and in defalt thereof the said Wm. Bond, his heirs or assigns, or any of them or any other person or persons, by his or their con- sent, order or procurment shall set on fire or cause to be set
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on fire and burn the woods on the said tract of land herein- before granted or on a part or parcel thereof to sear the same, that then, and in either of these cases this our pres- ent grant and every clause and article herein contained shall cease, dertermine and utterly void anything herein contained to the contrary thereof in any wise not withstanding. And we do and hereby will and grant that these our letters patent or the record thereof in our Secretaries office of our said province, shall be good and effectival in the law to all in- tents and purposes notwithstanding the not true and will reciting and mentioning of the premises or any part thereof, the limits and bounds thereof of any former or other letters patent or grants whatsoever made or granted of the same six hundred acres of land and premises or of any part thereof being, or any of our progenitors unto any other person or persons whatsoever, body politie or corporate or any law or other restraint, uncertainty or imperfection whatsoever to the contrary in any wise notwithstanding.
In testimony whereof we have caused the great seal of our said province to be hereunto affixed and these presents to be recorded in our said secretarie's office. Witness, our trusty and well beloved Robert Hunter, Esquire, Captain General and Governor-in-Chief of our said province of New York the province of New Jersey and the territories depending on them in America, and Vice Admiral of the same in council at our fort in New York this twelfth day of June, in the eleventh year of our reign.
[L. S.]
To this interesting old document is appended Queen Anne's seal, a tremendous affair of wax, three and a half inches in diameter.
The Bond patent is the oldest existing title to land in Marlborough, and was granted to Captain William Bond, the first white settler within the town limits, of whom there is any record.
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CALENDAR OF N. Y. COLONIAL MSS. INDORSED " LAND PAPERS," IN THE OFFICE OF THE SECRETARY OF STATE OF NEW YORK, 1643 to 1803.
1697-NO DATE ; VOL. II .- Petition of Egbert and Hen- drick Schoonmaker, of Kingstowne, praying a grant for a tract of vacant land, about 600 acres, lying opposite to the highlands or thereabouts, being on both sides the Oudtman's Kill or Creek (Marlborough landing?), having been for- merly patented to Captain Evans, but since broken by an act of General Assemby (town of Marlborough, Ulster Co.) Page 268.
1709-AUG. 18; VOL. IV .- Petition of Alexander Griggs, of the County of Ulster, praying a grant for 600 acres of land in said county, lying on the West side of Hudson's river, beginning on the South side of Old Man's creek and running up the river to a point called Old Man's Hook, to- gether with 6 acres of meadow, lying at a certain place called Ye Dance-Chamber. Page 182.
1710-FEB. 23; VOL. V .- Petition of Augustine Graham, Surveyor General, for a patent to him and Alexander Griggs, for 1,200 acres of land at ye Old Man's creek, being part of the resumed lands formerly granted to Capt. John Evans.
1712-APRIL 7; VOL. V .- Petition of Augustine Graham and Alexander Griggs, praying a patent for a tract of land in Ulster Co., being part of the land formerly granted to Capt. John Evans, now vacant and resumed, lying at the Old-Man's Kill. Page 88.
1712-May 3; VOL. V .-- Petition of William Bond for a grant of 600 acres of land adjoining John Barberie's, on Hudson river, in Ulster Co., being part of Capt. John Evans' patent, now vacant and resumed. Page 100.
MAY 13 .- Report of S. Staats and others of the Council to whom the foregoing petition was referred. Also on the 15th of May, Warrant to the Surveyor General to lay out for William Bond the land prayed for in the above petition. Page 100.
JUNE,-Description of a survey of 600 acres of land on the
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West side of Hudson's river, in Ulster Co., laid out for Wm. Bond. Aug. Graham, Sur. Gen'l, with a Draft. Page 100.
JUNE 6 .- Petition of Wm. Bond for a warrant to the Attorney General to draught letters patent for 600 acres of land, in the County, granted upon a former petition.
1712 -- JUNE 12; VOL. V .- Petition of Peter Johnson for a grant of 500 acres of land lying to the Northward of a small 'run of water, which runs into Hudson's river, to the South- ward of the Dance Chamber, being part of the lands for- merly granted to Capt. John Evans. Page 113.
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