History of Delaware County, Pennsylvania, Part 71

Author: Ashmead, Henry Graham, 1838-1920
Publication date: 1884
Publisher: Philadelphia, Pa. : L.H. Everts
Number of Pages: 1150

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If, as it appears, no one was inclined to live with her, there was one person at least who desired to be- come the owner of her possession at Tinicum Island. Joost De La Grange, on May 29, 1662, purchased from her as the agent of her father, John Printz, then in Sweden, the estate, "together with the house- ing and stock thereupon, for the sum of six thousand guilders, Holland money," one-half to be paid in cash, two thousand when she reached Holland, and the remaining thousand in one year thereafter.

De La Grange immediately entered into possession

1 Campanius, pp. 76-78.

2 History of New Sweden, p. 63.

8 Hazard's Annals, p. 212.

4 Penna. Archives, 2d series, vol. v. p. 227.

5 Ib., vol. vii. p. 494. 6 Ib., p. 628.

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THE TOWNSHIP OF TINICUM.

of the estate, and Mrs. Pappegoya sailed for Europe, arriving at Holland on the 31st of July of that year.1 The bill of exchange being presented and payment refused, it was protested, and the energetic woman must have taken passage for the colony in the first vessel sailing thence for the New World, since, in No- vember following, she had obtained judgment against La Grange, from which final decree the defendant entered an appeal. On November 21st Beekman wrote that he had gone "to Tinneconk at request of Huygens and used every exertion to settle differ- ences respecting the protested bill of exchange, but did not succeed."2 Governor John Printz had died in 1663, and a fresh difficulty was thrown in the way of Armgart Pappegoya's collecting the money, for her three sisters in Sweden objected to the payment of the three thousand guilders still dne from the pur- chaser until a new power of attorney had been exe- cuted by them. Armgart, in the mean while, erected a house at Printzdorp (the estate at Upland after- wards sold to Robert Wade), "who had her dwelling here when she left Tinekonk,"3 and it seems that she was in very indigent circumstances, for on Aug. 13, 1672, in her petition to Governor Lovelace, she stated she lived alone and had only one servant-man, who she asked might be excused from " Traynings in the Company in wch he is Inlisted, & also give her Ly- cence to Distill in her own Distilling Kettle some small Quantitys of Liqnors for her own use & her servts & laborers as before mencon'd."4 To add to her discomfiture in prosecuting her suit, Joost De La Grange, several years before, went to Holland to col- lect the money due him there, so that he might dis- charge the remainder of the purchase-money, but on the voyage he became ill and died, leaving a widow, Margaret, and a minor son surviving him. The widow remained in possession of the premises for several years. In the mean while the English had conquered the territory, and accompanying their forces to the Delaware was Andrew Carr, who subsequently mar- ried the widow La Grange. Apparently to forestall any action Mrs. Pappegoya might take to secure pos- session, on Oct. 1, 1669, Governor Lovelace was in- duced to issue a patent to " Andrew Carr & Margaret his wife, formerly the wife of Joost De La Grange, deceased, to confirm to them a certain Island in Del- aware river called by the name of Matiniconck, con- taining by estimation three hundred acres more or less, the said Island lying about 6 Dutch miles up the river from the town of Newcastle, bounded on the North- west with the Mill Kill, on the South by the river & on the North, East or North & East with Bow Kill." 6

After this patent was granted Andrew Carr and his wife resided at Tinicum for some time without any proceeding being instituted against them, when Mar- garet Carr, having fallen heir to an estate in Holland, Andrew, his wife, and her young son by the former marriage went to Europe to look after the inherit- ance, leaving Capt. John Carr, as their attorney, in charge of the Tinicum property. Within a short time after the departure of Andrew Carr's family Armgart Pappegoya bronght suit for the recovery of the island, summoned Capt. John Carr before a spe- cial court held at New Castle by Governor Lovelace, and there, by consent, it was removed to the General Court of Assizes, held at New York, in October, 1671. The case began on Wednesday afternoon, the 12th, and continued until Friday afternoon, the 14th, when, on the verdict of the jury, judgment was entered for the plaintiff, with costs and charges.7 On Jan. 27, 1672, the Governor and Council, after having con- sulted with the bench as to the amount " of interest and forbearance of the principal Debt" (three thon- sand gnilders), allowed fifty-five pounds for such in- terest, leaving the other charges to be determined by law, and appointed Peter Alricks, Capt. Edmund Cantwell, William Tom, and Capt. Walter Wharton to appraise and valne the island of Tinicum, and the goods, chattels, or estates of the defendants. On Feb. 20, 1672, an execution was issued to Sheriff Cantwell, directing him "to put the said Jeffro Prince into possession of the said Island and the Stock thereupon wch if it shall not prove sufficient to satisfy the said Debt you are to Secure and Levy the rest in the hands of whom you can find any of the Estate of the said Andrew Carr & Priscilla his wife whether in the hands of Capt. John Carr their attor- ney or any other, and if any part of the said Estate hath been disposed of since the beginning of this Process the parties who have done the same are to make it good out of their own estate." 8

The execution seems to have been carried only partially into effect. The following year the Dutch again acquired possession of the province, and during the latter's rule over the colony the proceedings were held in abeyance. However, after the English an- thority was again restored, Governor Andross, on Jan. 12, 1675, issued a warrant to Sheriff Cantwell, setting forth that inasmuch as the former execution had not been "fully effected Att the request of the said Jeuffre Armigart Prince als Pappeay, That the former Execution may be renewed," he was directed to proceed according to the judgment.9 The second execution was fully enforced, and the same year, on March 22d, Jeffro Armgart Printz, alias Pappegoya, sold the island to Otto Earnest Cock "for fifteen hundred guilders in zeewaut, as it (the estate) was

1 Penna. Archives, 2d series, vol. vii. p. 799.

2 Hazard's Annals, p. 342.

3 Memoirs of Long Island Historical Society, vol. i. p. 183.

4 Hazard's Annals, p. 399; Penna. Archives, 2d series, vol. vii. p. 623.

6 Memoirs of Long Island Historical Society, vol. i. p. 179.

6 Smith's " History of Delaware County," Appendix C, p. 520.

7 Hazard's Annals, pp. 400-1.

8 Penna. Archives, 2d series, vol. vi. pp. 626-28.

9 Ib., p. 666.

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HISTORY OF DELAWARE COUNTY, PENNSYLVANIA.

very much decayed and worn out,"1 the deed "re- serving ye churchyard as it now stands fenced in with ye said church, with free liberty to the inhabit- ants in general to repair thither to their devotions or burials."2 Armgart also gave a power of attorney to the purchaser to receive possession of the estate from the sheriff.

In 1678, Arnold De La Grange, the son and heir, who had gone abroad, being now of age, came to the province, and went to Tinicum Island, claiming its possession. Otto Earnest Cock replied that he knew nothing of the matter ; and if he, De La Grange, had any lawful claim, he ought to apply to the court, not to him, for his title was founded on its judgment; but if he wished to purchase it, he could have it for three hundred pounds sterling, or at an agreed-upon price. The young man thereupon became angry, and threatened to appeal to London. "That you can do," said Cock, "if you have money enough. All this affects me not since I have bought and paid for it and have been put in possession of it by the Court." 3 In the same year, 1678, Arnold De La Grange, in a lengthy petition to Governor Andross, set out the story of the sale to his father; the suit which was insti- tuted against John Carr during his stepfather's ab- sence beyond the seas, pleading the misnomer of Per- cilla for Margaret in the title of the suit, and that the judgment was defective because it was rendered against a man beyond seas, against a femme covert, and affected the vested right of a minor who was not represented in the suit in any wise. Concluding, he asked that the Governor and Council "will please to direct some way for his relief," either by a hearing in equity or an order requiring Cock to refund the sum paid by his father.4 Nothing seems to have been done with this petition; but De La Grange, just be- fore the territory passed into the possession of Penn, began an action against Otto Earnest Cock at the Upland Court on June 14, 1681; but the quaint record states "This action referred till next Court that there's noe Court without Justice otto whoe is a party." 5

The following is verbatim the record of the case, copied from the docket of the

"Court held at Chester 22d 6 mo 1683.

" Arnoldus Delagrange, Plaintiff, Otto Ernest Cock, Defendant, The plaintiff sues and declaree as heir to Tynnscu Island and premises: It ie acknowledged by Jno White (ye defendt. attorney) that ye plaint's father was legally possessed of Tinicum Island & premises in ye decls- ration mentioned by virtue of his purchase from Armgard Prioce, but sayth (in regard pte [part] of the purchase money was only paid) that ye said Lady Armgard Prince had Tryall & execution thereupon & was put into possession of ye same premises and sold ye same premises to ye dsfendt.

"The plaint (by Abraham Man his attorney) setts forth that hee ye

1 Memoirs of Long Island Historical Society, vol. i. p. 189.

2 Book of Patents, Harrisburg, cited in Smith's "Atles of Delaware County," p. 11.

3 Memoirs of Long Island Historical Society, vol. i. p. 179.

4 Penna. Archives, 2d series, vol. vii. pp. 799-81.

5 Recorde of Upland Court, p. 189.

sayd Plaint (who was Heire to ye sd Island) at ye tyme of se sayd Tryall & Execucon was then nod age & in Holland, & therefore could make noe defence, & furthor yt the said Heire (the Plaint wee not menconed in ye said Tryall ; the Accon being comenced against one Andrew Carrs & Prissilla his wife, mistaken in ye execucon for ye mother of ye Plaint, whose mother's name was Margaretta.

" The Testimony of Nicholas More, Secretary in writing and his hand produced on behalf of ye plaint :

" Shackamackson, ye 20th of ye 5th month al July, 1683. " I do solemnly declare that about ye moneth of May last paet of this present yeare, Mr. Otto Orust Cock of Tyunacu Island came to mee at Shackamackson (having before epoken to me of a Tryall yt was to bee at Upland, Between Mr. Lagrange & himselfe, about ye Island of Tyn- nacu, and told mee among many other things that hee wished hee had never sold mee ye said Island, and said hee. Hre wished he had lost 50£ rather than to have put his hand to eyther my Conveyance or Mr. Lagrange Agreemt, saying that hee was undone. 'Why ?' said I. ‘Be- cause,' said hee, ' I have wronged Lagraoge children from their Rights.' " Well,' said I, ' Mr. Otto, if you heleeve in yor concieoce that ye Island is his let him have it. I will not take any advantage of it, either against him or you,' ' Yee,' said hee, 'it is his, and if you will due Boe & part with it, I shall give you thanks and repay you your charges.' ' Well,' said I, ' you shall have it, and I will endeavr to make Mr. La- grange & you ffriends without any wrong.' This was in ye presence of Major Fenwick, Thomas Fairmau & Michael Neelson, all which I attest under my hand.

"N. MORE, Secretary.

" Israell Helme's Deposition :

" leraell Helme being required to declare what hee knowee, concern- ing ye Bargaine between ye sayd Armgard Prince, & ye Plainte ffather for Tynnacu Island & premisses, deposeth That Lagranges ffather was to give ye sayd Armgard for ye same Six Thousand Dutch Guilders, and yt hee knows there was three Hundred Dutch Guilders thereof pd, but knows of ye paymt of noe more; And further sayth that ye Three Thousand Guilders (which is Three Hundred pounds) was to hee paid in this Countrey by agreemt between Jacob Swanson & ye ffather of ye Plaint & further eayth that when the Plaints ffather dyed, hee ye said Plaint was a little child ; and further sayth not.

"ffop Johnson's deposition :

"ffop Johnson being required to declare where hee knowes in ye premisses, Deposeth. That hee ye said ffop & ys above mentioned Israell was desired by Mrs. Armgard Prince ats Popinjay, to demand ye remainder of ye sayd Six Thusand Guildes which was Three Hundred pounds of Mrs. Delagrange (ye Plaints mother) And yt shee ye eaid Mrs. Delagrange (upon ye same demand) eayd shee could not pay it, and further sayth not.

"To which ye sayd Plaint replyes (by his aforesd attorney) That if the Deft can make it appeare ye sayd money is unpayd, and can shew their Right to receive it, hee is ready to discharge what can be made appeare to remayne due of ye sd Purchace, But denyes yt ye Deft heth any legall right to demand ye same.

"The Juryes Verdict. The Jury finde for ye Plaint and alsoe give him his costs of suite and fforty Shillings damage, the Plaint paying to ye Deft Thirty & Seeven pounds & Tenne Shillinge, according to an agreemt betweene ye Plaint and Deft produced & Read in this Cort & alsoe delivering ye Block house & pticulers in ye same agresmt men- tioned.

" Judgnit is thereupon Awarded."

Execution was issued on this judgment, for at the October court, 1683, "The Sheriff made returne of two executions, one against Henry Reynolds ... the other against Otto Earnest Cocke att ye suite of Ar- noldus Delegrange for ye Island of Tinicum." The plaintiff having acquired possession of the estate, in less than a year sold the island, for at the September court, 1684, "Christopher Taylor, President (Judge) in Open Court deliver over a Penall Bond of Per- formance for four hundred pounds unto Arnoldus Delegrange & bearing Date ye 2d day of September, 1684, being for the payment of two hundred pounds att or upon ye 1st day of November, 1685." Christo-

281

THE TOWNSHIP OF TINICUM.

pher Taylor also in open court "delivered up Ar- noldus Delegrange receipt to Robert Turner for one hundred pounds old England money as alsoe the said Christopher Taylor did promise to Save the said Ar- noldus Delegrange harmlesse from all Damages that may Accrue thereby." The same day "Arnoldus Delegrange Past over a deed in open court unto Christopher Taylor for ye Island Commonly known by the name of Mattinnaconcke, bearing Date the 2d of the 12th moneth 1684."

This Christopher Taylor had been a teacher of a classical school in England, in which country he was imprisoned for his religious opinions,-adherence to the society of Friends. In 1682 he emigrated to Pennsylvania, first settling in Bucks County, which he represented in the Assembly held at Chester, Dec. 4, 1682, acting in that body as chairman of the Com- mittee on Election and Privileges, and was also one of the "Committee of Foresight" for preparation of provincial bills .: In July, 1684, he was one of the justices of Chester County, and doubtless had then settled at Tinicum, which, after he had acquired title, he termed " College Island," because, as it is believed, he there had a school in the higher branches of edu- cation. The fact that he surrendered to De La Grange a receipt given by the latter to Robert Turner, leads to the impression that the latter had entered into an agreement with De La Grange for the purchase of Tinicum, and that Turner had made the contract for Taylor, or had transferred to him his interest in the agreement of sale. Turner appears to have been an intimate friend of Christopher Taylor, for the latter, dying in 1686, made him his executor of his will. It appears that Taylor in his lifetime had sold the island to Ralph Fretwell, and after his death Turner brought suit as executor against Fretwell for £590 178. 9d. At the sheriff's sale the property was purchased by Turner. Isaac Taylor, who was not satisfied with the disposition the testator had made of his property, "putt in Cavett against ye Probate of his father's will," but subsequently withdrew it.1 As executor, on the 9th of First month, 1697-98, Turner by deed conveyed to Israel and Joseph Taylor, the sons of the decedent, and to John and Marie Busly-the latter a daughter of the testator-the island of Tini- cum. At the same court, Joseph Taylor, John and Marie Busly, conveyed their two-thirds interests in the island to their brother, Israel, who was formerly sheriff of Bucks County, and, as it appears, to pay them for their part of the estate, he was compelled to borrow the money on mortgage from Turner.

As one of the most noted civil cases in the judicial annals of our State, that of Paul B. Carter vs. The Tinicum Fishing Company, which was continued in litigation for over thirty years, grew out of the title thus acquired by Israel Taylor to the island, it is proper in this connection to hastily present the his-

torical side of that noted case. Israel Taylor, who was a physician and practiced his profession at Tini- cum, died subsequent to 1709, for, in the address of the General Assembly to Governor Goodkin, in al- luding to the injurious effect of the issuing of special marriage licenses by the Governor, the document gives as an instance the case of " Israel Taylor, whose Daughter had liked to have been stolen by Coulour of a Lycense lately granted to one James Barber, of Chester County."2 Israel Taylor died leaving, so far as I have information, four sons and six daughters, as follows : Christopher, Thomas, Benjamin, and Samuel Taylor, Mary (who married Jonas Sandelands), Dianah Cartman, Hannah Lloyd, Eleanor Molloy, Sarah Bailey, and the wife of Enoch Elliott. Chris- topher, the grandson of the first Christopher Taylor, was married, but his wife dying before him, appar- ently without leaving children, he made a will Dec. 8, 1748, and died shortly after, for the testament was admitted to probate on the 24th day of the same month. The will contained a clause as follows :

" I give and devise unto the said David Sanderlin my fichiog plece to him and his heirs forever and likewise it is my will that he shall have the help and use of my negroes Milford and Harry, one month in each year io fishing time, till they respectively attain to thirty years of age. T give and bequeath to David Sanderlin aforesaid my negro boy Tinne- cum till he attain to thirty years of age and then to be set free."

David Sandelands died intestate within four months after the death of his uncle, Christopher Taylor, and letters of administration on his estate were granted to his sisters, Rebecca Smith and Mary Claxton, with their husbands. Mrs. Claxton died in 1750, but in October, 1752, the jury appointed to partition the lands and tenements of David Sandelands awarded the fishery to the heirs and legal representatives of Mary Claxton, " dividing the said fishery into five equal parts." The court, in 1754, approved the peti- tion made by the jury.

Between the years 1796 and 1805, Joseph Carter purchased by three deeds the five shares of this fish- ery allotted to the heirs of Mary Claxton, and in the last deed, that of 1805, the fishery was described as "Beginning at the mouth of Darby creek and ex- teuding up the river Delaware as far as necessity may require for the benefit of fishing or that ever was made use of." Joseph Carter died Feb. 2, 1830, and by his will, dated July 16, 1828, he devised his fishing-place at the Lazaretto to his two sons, Joseph and Cloud, as tenants in common.3 Iu 1832, William Carter pur- chased Cloud Carter's interest in the fishery. The fol- lowing year Joseph Carter died without children, and letters of administration were granted to his brother, William Carter, who, already owner of one-half of the fishery by purchase, began proceedings in partition, and in those proceedings the sheriff, Jan. 12, 1834, advertised the estate to be partitioned as "the right and privilege of fishing in the river Delaware from

1 Colonial Records, vol. i. p. 195.

2 1b., vol. ii. p. 455.

3 Thomas Maxwell Pott's " History of the Carter Family," p. 66.

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HISTORY OF DELAWARE COUNTY, PENNSYLVANIA.

the point where the road called River road joins said river to the mouth of Darby Creek in township of Tinicum and right and privilege of hauling and dry- ing seines and nets upon shore of said river from line of garden formerly of Capt. Roe to mouth of Darby Creek with privilege of occupying with nets, seines, boats, and cabin, and space of ground as is necessary in fishery."

For some cause the proceedings seem not to have been pressed to sale, perhaps by reason of the pend- ency of the suit of Mary Hart against Jacob Hill,1 in which the question was raised as to what had passed to David Sandelands under Christopher Tay- lor's will, whether it was a fee simple to the river- bank or merely an easement. The Supreme Court in 1835 held it was the latter. The matter thereupon rested, so far as title to the fishery was concerned, until proceedings in partition were pressed, and on Aug. 24, 1847, Sheriff Robert R. Dutton sold eight- fourteenths of the fishery to Paul B. Carter, and by several deeds thereafter the latter acquired title until, Sept. 19, 1852, he was the owner, in fee, of twelve- fourteenths of the fishery. In 1865, Paul B. Carter began proceedings in partition, the jury appointed returning a report to the February term, 1866, that the fishery could not be devised, and valued it at seven thousand five hundred dollars. Sheriff Van- zant, on March 26, 1866, conveyed the whole title to Paul B. Carter, he having become the purchaser of the easement in partition. From that date until within a few years past the case was in constant liti- gation.2 The question in dispute grew out of an al- leged erection of a stone sea-wall and pier by the Tinicum Fishing Company, which resulted in render- ing the old Taylor fishery valueless. The company had purchased, in 1856, at sheriff's sale, a tract of about twenty acres, and subsequently they erected a large and commodious house, which was furnished especially for the use of a social club, but the long and tedious lawsuits finally caused the members to lose all interest in the association, the real and per- sonal estates in November, 1879, passing under the sheriff's hammer, and the Tinicum Fishing Company became thereafter merely a topic for the annalist.

At a court held 3d day Ist week Tenth month, 1687, the grand jury "Presented Thomas Boules of ye Island of Tenecum for killing and converting to his own use divers Hogs and Piggs of Thomas Smith with others belonging to ye King's Leidge People." This is the first reference I find to Thomas Smith, who was then settled in Darby, but subsequently his descendants became large owners of real estate on the island ; that portion of Tinicum which connected the pres- ent with the story of the past being still owned by Aubrey H. Smith, his direct descendant. In the will

of Christopher Taylor, dated Dec. 8, 1748, he men- tions William Smith, leaving him "one shilling ster- ling." This William Smith I presume was the father of the late Thomas Smith, member of Congress from Delaware County. At any rate, the old Taylor man- sion-house on the island subsequently became the property of Thomas Smith. It was built of stone, and it is said that while it was building the family resided in an old log hut made of white cedar logs, " cut no doubt in the marshes hard by, though not a tree of that species is now known to grow in Penn- sylvania. It was thoroughly repaired some years ago by Aubrey H. Smith, Esq., and bids fair to stand for another century or more."3

It is stated that about the beginning of this century Tinicum Island " was so unhealthy that farmers were compelled to get their work done before September, as by that period the ague and remittent fever left no body able to work, but by banking and draining the water off the meadows the health of the place gradually improved, and from 1821 it has been con- sidered very salubrious."4 Ferris records that in Printz's time and later, vessels drawing four or five feet of water could sail from Fort Gottenberg across the meadows to the mouth of the Schuylkill.5 About the middle of the last century companies were incor- porated by the provincial government and empowered to bank the meadows, while independently of these companies private parties had reclaimed much of the submerged land.

Previous to the Revolution, Little Tinicum Island, heretofore mentioned, was partly reclaimed, twelve acres being banked in and inhabited. When the English fleet ascended the river in 1777, the British naval officers were apprehensive that this tract of land might be utilized by the Continental authorities as a site for defensive works to interrupt their retreat, and to prevent such a use being made of it they cut the banks in many places and overflowed them, since which time the banks have never been restored. In heavy tides it is nearly overflowed, but usually pre- sents a large uncovered surface.6 Dr. Smith states one of the earthworks on the Delaware River "was near the mouth of Darby Creek, doubtless on the island of Tinicum."7 Perhaps it was Little Tinicum Island, which may have caused the English to flood that place.

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History of Delaware County, Pennsylvania, Part 71

Author: Ashmead, Henry Graham, 1838-1920 Publication date: 1884 Publisher: Philadelphia, Pa. : L.H. Everts Number of Pages: 1150

Author: Ashmead, Henry Graham, 1838-1920
Publication date: 1884
Publisher: Philadelphia, Pa. : L.H. Everts
Number of Pages: 1150