USA > New York > Dutchess County > Poughkeepsie > The records of Christ church, Poughkeepsie, New York, Vol I > Part 28
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The remaining Four hundred pounds Crannell engaged to pay on the mortgage, with interest at 7 per Cent, so that the Glebe would amount to five hundred pounds.
But Ostrander consented, before Crannell gave him any ob- ligations for the four hundred pounds above mentioned, that, If Ostrom's heirs would accept four hundred pounds,-in prompt payment in full of the five hundred pounds inserted in the mortgage, so that he might be finally discharged from the payment of the one hundred pounds for which the indemnify- ing Bond was given,-to have the Business settled in that way.
Mr. Ostrander understood by Mr. Crannell that he had Set- tled with Old Ostrom's heirs on that principle.
And that the Bonds and mortgage were in the hands of Mr. Crannell, which he neglected to call for while Mr. Crannell resided at Poughkeepsie.
And has since been informed that Crannell settled with the heirs for £75.0.0 each.
Present
Peter Ostrander.
18. Parish Mss., Glebe papers, Section F, No. 13.
1797, January (approximately), Copy of a communication made to Bartholomew Crannell Beardsley by Jacob Radcliffe, counsel for Christ Church.
Sir
The demand, lately presented by you on the part of the Rev'd John Beardsley against the members of the Episcopal Church in this place, has been laid before the Vestry, who, in order to facilitate a settlement, have referred the same to us, with power on their part to close the business.
Pursuant to our appointment we have closely examined the account, and compared it with the documents now remaining with the Secretary, in order to ascertain with precision the equitableness of the items.
The result of this research has been confusion. We find the affairs of the Church in its first establishment so involved in obscurity that they are, and must remain, inexplicable, unless cleared up by extraneous testimony.
The information of persons who have been privy to the tran-
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sactions is the most obvious, and perhaps may with propriety be considered as the only, source, from whence this explanation can be obtained.
A variety of circumstances have concurred to remove almost every person concerned in these transactions, and the few who remain are not able to dispel the darkness which surrounds them.
Thus situated, it becomes necessary for us to refer ourselves, through you, to your father for information, and we cannot allow ourselves to doubt but that he will cheerfully comply with our wishes.
Before we commence this enquiry, we must be permitted to observe that, as far as we are acquainted with the sentiments of Vestry, they are perfectly disposed to settle with your father on equitable terms, altho his demands have, at this late period become so stale by their antiquity that he could not possibly compel them to it.
With respect to the Lot of Land which he has mentioned, with an earnestness bordering acrimony, we must take the liberty of mentioning to him that, were the Vestry to surrender the Land to him, which, however, we are persuaded they never will do, and to charge him with the trouble and expense they have been at about the same, he would not eventually be a gainer by that arrangement.
He is too well acquainted with our situation during the War between this Country and Great Britain, and the measures we had to pursue to retain the property, to need any further in- formation on this head.
The first and the principle charge in the account exhibited is for cash advanced on the purchase of the Glebe, set down by your father in round numbers at £130.
This sum is in itself so considerable that we should not be justified in the minds of the congregation,-which, at this time, is composed in most part of persons who have not had the pleasure of a personal acquaintance with your father,-unless it is satisfactorily made out to whom, at what times, and how, the payments have been made.
It will therefore be incumbent on your father to transmit to you the evidences of the payments, and, when that is done, we shall come to a speedy settlement with you.
We have a further reason in making this request, and that is that the representatives of some of the Ostroms claim
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monies as still due on the purchase of the Glebe, and, if they have been paid by your father, we wish the business so far as- certained that we can combat their demand with a prospect of success.
Should this not be done we might be liable to pay the same monies twice, which we cannot consent to do.
One farther measure, among the variety of ways that these payments can be ascertained, is the production of the bonds originally given, and which we presume are either in the hands of your father or with the papers of the late Mr. Crannell.
One farther measure is necessary on the part of your father, and that is to send a release of all his claims on the lands. This will be insisted on as an indispensable preliminary to our negotiations. Not because it appears to us of any importance, but to satisfy the minds of some scrupulous members of the congregation, who have become startled at the reiteration by your father of his pretentions to the lot.
19. Vestry Minutes, Vol. 1, p. 207.
1797, Feb. 14, A Power of Attorney was laid on the Table by William Emott, from the Rev'd John Beardsley to his son Bartholomew Crannel Beardsley Esqr., containing full power for a settlement of all existing accounts between the Reverend John Beardsley and this Corporation, which was read and approved.
Resolved, that William Emott, Robert Noxon, John Read, James Bramble and Ebenezer Badger, are hereby appointed a Select Com- mittee to treat with Bartholomew Crannell Beardsley respecting the claims of his Father, and report the same at the next meeting of Vestry.
20. Vestry Minutes, Vol. 1, p. 208. -
1797, Feb. 15, [Meeting of the committee, appointed Feb. 14.] The Claims of the Rev'd John Beardsley were laid before the Com- mittee, who, after examining the same, drew up the following communi- cation to his Attorney, Bartholomew Crannell Beardsley, viz:
The Demands your Father has made, through you, on the Corporation of the Rector and Inhabitants of Poughkeepsie in Communion with the Protestant Episcopal Church in the State of New York, has been laid before the Vestry, who have referred the same to a Select Committee.
They have bestowed much pains in investigating the original purchase of the Church Lands, and Mr. Beardsley's Agency
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therein, in order to ascertain what sums, to whom, and when paid, were advanced out of his private purse.
Your Father states his Account at £130, without descending to particulars.
Great was our surprise, when we discovered amongst the old papers a Mortgage,1 in our possession, which covers the whole purchase of the Ostrum farm, given by Ostrander, on which there is an assignment to the Church, executed by Andreas Ostrum, Hendrick Ostrum, and Jacobus Ostrum, for three-fifths of the £500 for which the mortgage was given, with the signature of their Mother, the widow Ostrum, respecting the annuity therein mentioned for her support.
But John Ostrum and his sister, Nelly Westervelt, for some reasons (unknown to us), have not signed the release on the back of the instrument; so that receipts are still wanting for their two-fifths of the £500. This leaves a possibility of an incumbrance on the land which we are determined shall not exist.
It is our duty therefore to collect vouchers, receipts, and other evidence, that they also have been paid and satisfied.
The presumption with us is that your Father paid Nelly, but, in order to make it appear, you are requested to write to him, instantly to send on his vouchers.
John, we suppose has also received payment. Your Father will also send information on that subject with his receipts.
We have discovered that the Original Bonds are with Mr. Crannell's papers; that he received them together with the above mortgage. These he neglected to give to our Secre- tary, John Davis, when he put the mortgage into Mr. Davis's hands for the Church.
Our Counsel advises that, if those Bonds accompanyed the Mortgage, it would in effect preclude its operation.
Your Father will no doubt cheerfully procure the papers, and send them on with all other receipts & vouchers for moneys paid, with a particular statement of circumstances relative thereto, in detail.
The reason why we have not given you an answer sooner, arose from the embarassments and perplexitys with which these antient transactions are surrounded.
1 On file with parochial manuscripts are the deed from the Ostroms to Gideon Ostrander and Ostrander's bond to them securing £500; signa- tures on the bond as described in the text.
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In fact, the present Vestry have to guide themselves princi- pally by informations, not having personal knowledge in this Business.
You will also be so oblidging as to state to your Father the following facts,-That this Corporation, from the date of its existence, have had a good title for these Lands, and peaceable possession to this day.
But, as you have hinted that he has some distant preten- tions to some part thereof, you must procure a Release, reciting that as these, and other Lands, thereunto adjoining, were purchased by the inhabitants of Poughkeepsie in the County of Dutchess and Province of New York, in communion of the Church of England as by law Established, as a Glebe,- which, for want of Letters of incorporation, were held by Deeds of trust only, as, by referring to the Minutes of the Gov- ernor and Council &c, of the 31st December 1771, will fully appear; and that Government did Vest the same, pursuant to the petition of him, the Rev'd John Beardsley, in the Cor- poration then distinguished by the Name and Stile of "The Rector and Inhabitants of Poughkeepsie, in Dutchess County. in Communion of the Church of England, as by Law Estab- lished," by a Royal Charter and Confirmation bearing date the ninth Day of March 1773,-this will be an indispensable preliminary in our negotiations.
Your Father wished to obtain a Deed for part of these Lands, in the year 1774, from the Corporation. Mr. Crannell personally opposed and defeated the measure. Mr. Beardsley will recollect the objection.
Full confidence was reposed by the Vestry in those two Gentlemen, who alone were privy to the purchase of the Glebe.
The Circumstances of the Mortgage, lately discovered, seems to account in part for the Violent Opposition made by your Grand Father.
Your Father having enter'd into a joint Bond with Peter Harris to pay old Mrs. Ostrum an annuity, Jacobus Ostrum comes forward as Administrator to his Mother's estate, and Demands from Mr. Beardsley, as by the Statement handed in by yourself, for the sum of £96.9.71/2.
If your Father can procure from Mrs. Harris any receipts for payments made by her late husband, it will extinguish so much of that Claim.
These are difficultys to be got over,-and you will readily
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agree with us that the Vestry cannot Consent, on any princi- ple, to pay money on the Land Business, while Claims or Incumbrances exist beyond their value.
Mr. Beardsley says he has advanced £130.0.0
Jacobus Ostrum Charges Mr. Beardsley for his Mother's Annuity 96.9.7&12
On old Ostrums Mortgage which
has or must be paid 200.0.0
£426.9.7&12
Bartholomew Crannell Beardsley present.
Ordered that Mr. Badger deliver a Copy of the above to B. Crannell Beardsley Tomorrow.
21. Vestry Minutes, Vol. 1, p. 215.
1797, Apr. 18, On motion of Mr. Emott and seconded by Mr. Davis resolved, that the Select Committee be authorized to Draw on the Treasurer for the payment of Forty-four Pounds, to be applied to the purchase of a Certain Bond in favour of the widow of the late Henry Ostrum Des'd, now in the possession of Jacobus Ostrum, Adminis- trator of the said Widow Ostrum, against John Beardsley and Peter Harris late Inhabitants of Poughkeepsie.
22. Vestry Minutes, Vol. 1, p. 216.
1797, Apr. 20, In consequence of an Order on the Treasurer by the select Committee to pay the Amount of a Certain Bond, above or heretofore described, he has paid the Sum of £44.13.4 and thereon has obtained a full discharge from Jacobus Ostrum as Administrator to the widow of the late Henry Ostrum Des'd."
23. Parish Mss., Glebe papers, Section F, No. 10.
Heading: "Extracts from Mr. Beardsley's letter to B. Crannell Beardsley of June 12th, 1797." [Apparently a copy of parts of a letter, furnished the vestry for their consideration.]
If they [the committee of the vestry of Poughkeepsie] wish to do me justice, their business is to allow me what I long since advanced in procuring and improving the lands I left in their possession, with the interest for what I paid, from the time they received the rent of them."
They say they have a good title to those lands; but I am confident Mr. Richard Davis and Mr. Will'm Emott, and per-
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haps others, can recollect that the whole being granted to the church was to prevent the expence of two grants instead of one; and that the reason of Mr. Crannell's objecting (at a Ves- try meeting) against my receiving their deed for one third of the land contained in the old Glebe, was on account of an error in the first estimate of the number of acres in it, being at first considered only about 70 acres, as will appear from the deed given me by Ostrander containing 23 acres; but by an after survey of the old Glebe, it was found to contain at least a hundred acres, and of consequence, that instead of 23 I ought to have had thirty-three acres. Mr. Crannell's only Objection to my having a deed from the corporation, was that it might be put off till a fair division should be made, that I might be allowed in the conveyance a third part of the land contained in the old Glebe. All which I am confident the Vestry then being, must, on due recollection remember."
To make matters as clear as possible, I inclose herewith the deeds, bonds, & all that I can find among Mr. Crannell's papers which relate to the business.
The account I sent by you, in my charge against the cor- poration, is just, and I cannot alter it; who can suppose that I took receipts for what I advanced at so many different times and places to defray my expenses, and for the checks at the different offices, to procure the charter and grant?"
My character through life I think might have some weight, with respect to the justice of my charge, at least among people of consideration that know me, and it would be a great injury done me to insinuate the contrary."
I have not a doubt but all Ostrom's heirs are paid, though I have not perhaps sufficient vouchers (excepting Nelly the daughter); and that the whole of the embarassment must rest upon me, when the most of my claim can be but one third,- would be contrary to the order of nature.
24. Vestry Minutes, Vol. 1, p. 219.
1797, Sep. 5, On Motion of Mr. Emott & seconded by Mr. Mitchell that a Committee be appointed consisting of Three of the Vestry to investigate and employ Council in the discussion of the claims exhibited against this Corporation by the Reverend John Beardsley, Whereupon, Messrs Richard Davis, William Emott, and John Reade were Unan- imously Chosen.
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25. Vestry Minutes, Vol. 1, p. 231.
1799, Apr. 4, Resolved that Mr. John Davis and Mr. William Emott be a Committee to see Bartholomew Crannell Beardsley Esquire, and endeavor to investigate the Claim of the Rev'd John Beardsley and to take such farther measures in the business as they shall deem most advantageous to the church.
26. Parish Mss., Glebe papers, Section F, No. 15.
Copy of a Letter to the Rev'd John Beardsley.
Poughkeepsie April 17th, 1799.
Rev'd Sir
The Vestry of Christs Church of this place, anxious if possi- ble to liquidate and finally adjust all subsisting differences in accounts between yourself and them, enbrace with pleasure this opportunity of your Son returning to New Brunswick, who will, from the Conversation they have had with him, be able to convey their sentiments more fully than can possibly be communicated on paper.
In the first place your Charge for Salary they think in- admissable, as you are fully convinced that the then times totally disenabled them from making any Collections of Salary or even any other dues to the Church.
Also your Charge for obtaining the Charter, as they find from the Books the Sum of £14.13.4 charged by Mr. John Davis for moneys paid you for the expences in Obtaining the Charter.
Any Charges you may have for money advanced towards the purchase of Lands in the possession of the Church, or Buildings erected thereon, will meet with every attention and Consideration.
In taking a View of the Old Books and accounts, it appears that sums of money had been Collected by Mr. Crannell, together with his Subscription of £50.0.0 for Building the Church, and also sums Collected by yourself; whether, if those accounts were properly Liquidated, it would not (assure?) you a sufficient sum to reimburse you for any ad- vances you may have made on account of the Glebe.
As your Son will probably return this way, you are request- ed to furnish him with a History of the transactions, according to the best of your recollection, of the purchase of the Glebe, also the sums paid and to whom, as we wish if possible fully to extinguish all old Claims; be so oblidging to commit the detail
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to writing, and, should it be either in your own or your Son's power to find any papers or accounts, amongst the papers of Mr. Crannell, that will throw any light upon the subject, they request it may be particularly attended to.
Should your Son return this way, advise that he may be fur- nished with a Quit-Claim, duly executed by you, respecting a Certain Lot of Land, in order to extinguish all future claims on a final settlement.
The Bond of Ostrum and Harris was paid up the 19th April, 1797, and is now in the Hands of the Vestry of Christ Church of this place.
In looking over the Books, find an account against Mr Crannell, a Copy of which inclose, as there is no Credit on the Books; suppose of course you will be able to find his Charges against the Church, which will of course assist in a final ad- justment of all the business.
We are Rev'd Sir
respectfully your most obed Hum'l Servants
in behalf of the Vestry Stephen Hoyt Sect'y.
27. Vestry Minutes, Vol. 1, p. 261.
1803, Aug. 4, Mr. Samuel Nichols of the City of St. Johns and Province of New Brunswick appeared before our Board and says he is duly authorized by the Rev'd John Beardsley to Demand from this Corporation a Certain Lot of Land lying in the Town of Poughkeepsie, distinguished by the Name of the twenty-three acre lot, and that he is instructed by said Beardsley, in case of a cession of said land to him, to Relinquish all other Claims that the said John Beardsley now has against said Corporation. This meeting adjourned until tomorrow at 5 o'clock in the afternoon.
28. Parish Mss., Glebe papers, Section F, No. 16.
Heading: "Memorandum for the use of Vestry 5th August 1803." An unsigned paper, in the handwriting of William Emott. Consists of one large sheet; ends so abruptly as to indicate that half the sheet is lacking. Reads as follows:
Statement supposed to be correct-Rev'd Mr. Beardsley was appointed a Missionary at Groton in Connecticut in 1763.
The Society in England consented to transfer the mission to Dutchess county, on the application of Mr. Beardsley, and to Continue their Bounty of £60.0.0 a year, on condition that
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the people of Fishkill and Poughkeepsie would purchase a Glebe for the residence of the parson.
It was agreed that subscriptions should be opened to Raise money for that purpose.
The Fishkill gentlemen intended a small farm should be purchased in their town. Mr. Crannell contended for the place that was afterwards purchased.
This point being submitted to Mr. Beardsley, he declared in favour of Poughkeepsie, where a place was offered for £600.
The Fishkill (gentlemen) found themselves committed; en- deavored to frustrate the purchase, alledging that £600 was too large a sum; they could procure a place in their town for £400.
Mr. Beardsley, desirous of accomplishing the purchase at Poughkeepsie, offered that, if the Churches could not take the whole, he would by some means or other take a third part.
The Fishkill was in this manner compelled to submit.
There being very few churchmen at that time in Pough- - keepsie, Mr. Crannell and Mr. Beardsley volunteered in man- aging the whole concern; they collected the donation moneys, and made the purchase so far as related to our Church.
There is reason to believe that Mr. Beardsley so managed the Business, agreeable to his above declaration, and had a deed executed to him for the 23 acre lot. But as he was at that time (that is, in 1767), a person of little or no property, it may be presumed the consideration money was part of the public donations received by him. For, as he was not in Cash, if it came from another source it must be in his recollec- tion from whom he borrowed the money. Why then does he deny us this information, and produce no vouchers but his old deed.
It is further to be remarked that Mr. Crannell & the parson continued to direct the temporalitys of the Church with the assistance of a nominal Vestry, who kept no regular minutes of their proceedings until about 1772; during which period they had the entire disposal of all money matters, and it is to be lamented that they never came forward after the Charter was obtained from the then government to explain the pur- chase of the Glebe and the payments.
By which means their transactions for a Number of years are not well understood, and no person on earth can give an
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explanation but Mr. Beardsley. And, what is surprising, he to this day evades or neglects giving the vestry the necess- ary information.
The Church have always expressed a willingness to remun- erate Mr. Beardsley for any cash he has advanced to their use, but have not the most distant idea of his having any just or legal title to the 23 acres, for a number of Reasons, some of which are as follows-to wit-
1st, Because it does not appear that Mr. Beardsley paid a valuable consideration out of his private purse.
2d, Because Mr. Beardsley, no doubt from proper convic- tions, accepted the appointment of Agent for this congrega- tion to Government to obtain a Confirmation and Letters patent for these lands to this Corporation, himself being the principal petitioner, wherein he set forth that this parcel of land, together with the other part of the Ostrom farm, were all purchased for the use of this Church and held by deeds of trust only.
3d, Because Mr. Beardsley, before the Revolution, constant- ly declared himself divested of all title to these Lands; in consequence of which, being desirous to own the property, he made application to the Vestry for a Reconveyance, which was indignantly refused by Mr, Crannell, then a Warden. After this application, near 30 years since, his pretended claim has lain Dormant.
And 4th, Because Mr. Beardsley has permitted this piece of Land to remain in the Quiet possession of this Corporation for more than 25 years; who were at the trouble and expence of protecting it against Locations and confiscations, which would have been the case if the evidence of the title being in us, and not in him, had not been clearly made out to the sat- isfaction of the Officers of Government.
It is worthy of observation that Mr. Beardsley and Mr. Crannell Received considerable sums of money from time to time, acting in concert, and, notwithstanding their leaving Business at such loose ends, it is manifest that Mr. Crannell received repeatedly large sums of money, and converted them to his own use independent of Glebe money. But it has been found convenient, since the connection between the two fam- ilies, to be perfectly silent on this disagreeable subject.
We are disposed to do justice to all men, and expect the same kind of treatment.
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29. Parish Mss., Glebe papers, Section F, No. 17.
1803, Aug. 5, the probable date, of a fragment in the handwriting of of William Emott, and bearing his and other signatures. Refers, apparently to No. 28, above.
The above paper being read in Vestry was unanimously allowed to be correct & proper to the Best of their knowledge and Belief. And being read a Second time by William Emott -in the presence of Ebenezer Balding, Ebenezer Badger and Leonard Davis, on the 7th of Aug'st 1803-to Richard Davis, he also, on being asked the question declared the statement to be true to the best of his knowledge.
William Emott Eben'r Badger Eben'r Baldwin
And Mr. Davis acknowledged he did not know any payments made by John Beardsley on the 23 acre lot.
30. Vestry Minutes, Vol. 1, p. 216.
1803, Aug. 5, After looking over Minutes of the Vestry of this Cor- poration Respecting the Demand made yesterday By Mr. Samuel Nichols, in behalf of the Rev'd John Beardsley, for the Glebe Lot, they are of opinion that said Beardsley has no Claim either in Law or Equity to said Glebe, and that William Emott Esqr is Requested and impowered to give a Verble Answer to said Nichols of our Opinion, and that they will not give up said Glebe to any Person unless legally obtain'd, and also that said Emott is Requested to Imploy Garret B. Van Ness as Council for said Vestry in the above matters.
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