USA > Vermont > Windham County > Londonderry > The history with genealogical sketches of Londonderry > Part 4
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Since that time no further disturbance of these land titles has been made.
Public Lands; and Land Titles
At the original creation of the township of Kent, in municipal sense, and by the terms of the charter granting the tract given that name, provision was made to aid in establishing and maintaining religious and educational activities in the newly formed municipality.
The King's charter set apart three hundred and fifty acres for use of the Society for the Propagation of the Gospel in Foreign Parts: a like area for the use of the clergyman "in Communion of the Church of England, as by law established, for the time being residing" in the township.
Three hundred and fifty acres were also set apart for the first settled minister in the town, and one hundred acres for the use of a schoolmaster residing therein. All these several tracts or lots were definitely described and bounded in the grant.
Neither a clergyman of the Church of England nor a schoolmaster was at hand to claim his own and no steps were ever taken to make use of any of them for the purposes indicated; nor could they, as located, have ever been put to any useful purpose other than for adding beauty to the mountain scenery, a use not then so highly appreciated as in later years.
In the brief time that Kent existed under this charter little indeed could have been done to make them serviceable for these or any of these purposes and nothing of the kind was attempted. In truth, from the location and character of the lots so then described, more than human power would have been required to secure income or service from them.
In fact the only allusion to such public lots disclosed by any of the town records is found in an article in the warning for a town meeting and the action thereon on May 8, 1775. What the committee then chosen did, if anything, under the authority of this vote is not known, as there exists no record of their action nor of any town meeting for about two years following.
When the Vermont Legislature, in 1780, chartered Londonderry (the ancient town), a portion of its area was specifically devoted to public uses, but the location of the plot or plots was left to be determined by the local or town authorities. One sixty-fifth part of the acreage of the town was to be set apart for each of the following purposes: For the use and support of a seminary or college within the state; for the use and support of the County Grammar Schools throughout the state; for the use and support of the first
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Public Lands and Land Titles
settled minister of the Gospel in town; for the support of the ministry, and for the benefit and support of a school or schools within the town.
In December following the date of this charter a committee of three was chosen "to Pitch ye Publick Rights in ye Town," and it was "voted that the Town of Londonderry Hereafter shall have two Centers, and the Pub- lick Lots so be laid out accordingly." No record, however, is found showing a report from this committee or action taken by them in the matter.
Some of the lots were set out prior to the division of the town, and prob- ably under the authority thus given, a part of which were in that part later set off as Windham, but not all of them were then located.
A town meeting was held in August, 1796, and the warrant contained an article "to see what the town will do about leasing their school lots of land." While the records of proceedings at this meeting do not in terms refer to the "school lots," it was voted that "there be 3 men chosen to treete with the town of Windham In Some town affairs."
That those town affairs referred to this matter of the public lands, or at least included the same, is not to be doubted.
Samuel Arnold was the chairman of the committee thus chosen and there is preserved a memorandum and computation in his handwriting showing the area and location of three lots in each town which had been previously set out, presumably under the vote of December, 1780.
This computation showed that, in proportion to the acreage falling to the respective towns on the division of the ancient Londonderry, this part re- taining the old name should set out 254 acres and Windham 183 acres for each of the five public rights or shares reserved in the charter. The mem- orandum also indicates that the lots set out in Londonderry were No. 4 in 7th Range; No. 5 in 7th Range, and No. 4 in 3d Range, a total of 595 acres. No date appears on the memorandum, nor is a report of the committee found, but, by vote of the town (Londonderry) on June 28, 1798, No. 4 in 7th Range was set for use of the County Grammar School, No. 1 in 5th Range for use of College ("170 acres"), and No. I in Ist Range "for public uses." The next two lines of the record are legible only in part that an addi- tional 125 acres were devoted to use of college, in the "north part of lot." Whether this action was based on the report of a committee or otherwise does not appear but, at a town meeting on May 20, 1801, a record states that "the committee appointed to pitch the public lands in Londonderry reported that they have pitched the following lots, to wit: Lot No. 4 in third range for the use of the first settled minister & lot No. 4 in the seventh range for the use of the ministry, and lot No. 5 in the seventh range for the use of schools in sd town, and we have pitched sixty-seven acres of the west end of lot No. one in the fifth range to make up the complement of the afforesaid Rites as allowed by the original charter of said town granted by this State."
1128701
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The History of Londonderry
It was thereupon voted to accept the report and "trustees" were chosen to appraise and lease, "in conjunction with the selectmen," the public lots. Under the authority thus conferred the leasing of the lands, or publc rights, went on for several years, the leases providing for payment of annual rents, for the various purposes named, and running "so long as wood grows and water runs." It seems that the "ministerial lot" was not included in any of these leases under the vote of 1801 for twenty years later there was a vote to lease this lot and sundry leases were executed between 1828 and 1834 covering its full extent.
Even after all these votes, reports and action on the part of the town, and in spite of the fact that one committee had reported the setting out of the full complement required by the charter, at a later date a portion of lot No. 4 in the 10th range was added to the so-called public lands and leased in 1831. In 1842 there had arisen a controversy regarding the lot set out for the first settled minister and the town, at a special town meeting called to take action in the matter, June 2, 1842, "voted that this town do defend against all claims on lot No. 5 in the seventh range that Seth Ewers, his heirs, executors or administrators has made or may make as by the said Seth Ewers pretending to be the first settled minister in said town of Londonderry." Probably no action was ever instituted to test the validity of Ewers' claim for no record relating to a defence made to such is to be found.
The control of the "Grammar School Lands" was for a time in the hands of the Corporation of Windham Hall, chartered in 1801 as a County Gram- mar School and located at Newfane. In 1824 this corporation conveyed its interest in these lands to The Londonderry Grammar School Corporation, chartered in 1822, which continued its organization from that date until, by statute, the control of such lands was given to local school officers, in 1908, though its activities were exerted only in the collection of the rents and voting the same from time to time to the town for support of common schools. The so-called College Lands have been leased by the University of Vermont which collects for its use all the rents thereof, and the town has no direct interest in the same.
This sketch as to the Public Rights or Lots, if of interest in no other respect, serves to show the manner in which the town fathers managed municipal affairs and to indicate the extreme difficulty of determining what, in fact, they did do in respect thereto, owing to the fragmentary state of the records as well as the often contradictory and conflicting actions disclosed.
In investigating the ultimate basis of record title to other lands in Kent this vague and rather unsatisfactory condition is found not to apply to the public lots alone. Notwithstanding all the contentions and denials of New York's jurisdiction over any of the territory termed "New Hampshire Grants," Vermont, after asserting its independence, appears to have tacitly
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Public Lands and Land Titles
admitted, in the case of Kent, that its grant had some real validity. The new state did not treat the township as unappropriated land but, through its Council of Safety, directed Captain Simonds to take in charge the "estate of Colonel James Rogers."
The title of the Colonel had its basis solely on the New York Colonial Grant of 1770, as one of the grantees therein, followed by the quit-claim deed of all his associates named in that document.
Another peculiar circumstance is to be noted in that, while directing the seizure of all of Colonel Rogers' lands, in 1777, the grant, in 1780, to the "Committee" authorized to dispose of it the legislature described its boundaries in terms which excluded a considerable area are embraced in the grant of Kent, and therefore a part of Rogers' estate.
If New York had not admitted authority to convey title by its grant, it would seem to follow that Rogers had no lands here and there were none to confiscate as his estate. Previous to his leaving town the Colonel had con- veyed a few tracts and his grantees were left undisturbed in their holdings. The "Committee" made many sales under authority of the Vermont legis- lature and, by like authority, conveyed the balance in their hands to the younger James Rogers "for the use of himself and the other heirs of Colonel James Rogers, their respective heirs and assigns."
The younger James thereafter proceeded to dispose of this balance, giv- ing deeds in his sole name as though the fee was in him alone, after having quit-claimed (likewise in his sole name) those parcels the "Committee" had already sold. Nothing appears to indicate that the other heirs of Colonel James made any disposition of such interest as had passed to them by terms of the Committee's deed mentioned.
"Possession," in view of all this tangle, would therefore seem to be the true foundation of present titles.
Some Early Homesteads and Taverns
DESIRABLE as it may be to locate the sites of the earliest established homes in town, and interesting as would be the details regarding their upbuilding and occupancy, to find and to record these is not merely difficult but, in most instances, is impossible.
Not even the names of all who constituted the first party of pioneers can be given, and the same is true as to many who came in the early succeeding years. The method of locating farms by "pitching," the lack of any early plotting of the township or lots therein, the absence of contemporary records, as well as the removal of some of the earliest residents after very brief stay, all conspire to increase the difficulty met with in efforts to secure information as to these locations or the details of the settlement. Many of the earliest families settled in the eastern part of Kent and, upon the divi- sion of ancient Londonderry, were found to be residents of Windham. Nearly all the others located in the northeasterly part of the present Lon- donderry, some of these removing to new fields so soon that their influence upon the development of the town was extremely slight at the most. Of some few early homes we have, by scanty records and more or less well preserved traditions, some knowledge but all too little is the best of this.
Colonel Rogers' home was on the easterly side of West River, on the higher ground northerly of the farm now (1927) owned by John E. Carle- ton, where the forest has since asserted its ancient dominion.
This was on the southerly part of the tract which he set out as his home- stead farm and which extended, on both sides of the river, up to the north line of the town, including parts of what now are four farms on the west side of the river and an equal number on the easterly side.
When he came here he left his wife in Londonderry, N. H., and it is not certain whether at that time he had any children surviving.
From the best information attainable it seems quite certain that he did not bring his wife to Kent earlier than 1774.
Two children, at least, had been born to them in Londonderry, N. H., both of whom died there in early childhood. In this new home another son was born, to whom belongs the distinction of being the first white child born in Kent. He was named David McGregor Rogers, taking the name from his maternal grandfather, and, on his father's decease, after the re-
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Early Homesteads and Taverns
moval of the family to Canada, he succeeded to his father's position as the head of the family interests. He was a man of note and influence in the Province, for twenty-four years representing his District in the early Houses of Assembly of Upper Canada, dying in 1824 while still in such office. On this homestead in Kent the family resided until, following the close of the Revolution, the father came down from Canada and took them to his new home in that Province.
This farm was conveyed to Margaret Rogers, the wife of Colonel James, by Edward Aiken and Joseph Tyler, acting for the "Committee" appointed to dispose of Colonel Rogers' lands, under date Oct. 12, 1782, and, after her husband's decease, she gave power of attorney to her son James to dispose of this, among other matters, but when he made conveyance of it, Jan. 31, 1795, he did so in his own name as though title stood in him. His grantee, on the same day, conveyed the farm to Patrick Larkin, who came from Bedford, N. H. and here resided until his death about 1812.
James Patterson, said to have been the oldest of the members of the original Rogers' party, pitched his farm at the foot of Glebe Mountain near its northerly end, extending it well up on the slope. This is, even now, at times spoken of as "the old Patterson place," but in the later years has been locally known, successively, as "the Dudley Howe farm" and "the John Stuart place," now the home of Charles E. Cromack.
William Cox, then unmarried, came with the first party of settlers. At that time he was in the employ of Colonel Rogers and aided in the clearing and improvements upon the latter's home farm, as it was to be.
Later he married Sarah McCollop, an employe in the Rogers family, theirs being the first marriage in Kent, and took up land for his own homestead, for which, it is said, he made payment by chopping and clearing on the Rogers farm. His deed of this tract, one hundred acres, was from Colonel Rogers, drawn in the old English form under "the statute for trans- ferring uses into possession" and bears date February 23, 1796, though the acknowledgment thereon is shown to have been made by Rogers, at Manchester, Vt., as late as March 1, 1787, and the deed was filed for record January 8, 1788.
It is not possible to definitely locate the boundaries of this plot from the description in the conveyance, which begins "at a stake and stones stand- ing in an alder swamp which is the northeast corner of Captain Edward Aiken's Mill farm," thence running in various courses to "John Dick's southwest corner," one course being along Dick's westerly line.
No record of any conveyance to or from Dick is to be found, nor any- thing to show that such party ever resided in town. William conveyed to Edward Cox the westerly half (fifty acres) of this tract by deed of Dec. 24, 1784, beginning his boundary thereof at the southwest corner of the original parcel and giving courses and distances; later, Aug. 7, 1787, he con-
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The History of Londonderry
veyed to the same grantee fifty acres said, in the deed, to be the west half of the land bought of Rogers by William, beginning the boundary at the same southwest corner but stating the courses therefrom wholly different from those in the earlier deed. That the parties intended and understood that these two deeds would cover the entire one hundred acre parcel is quite evident as no other deed from William Cox of any part of that hundred acres is recorded, and Edward Cox conveyed fifty acres to Joshua Warner, April 15, 1791, describing the same as the west half of the land which he bought of William Cox.
After his sale of this original homestead he purchased another in town lying next that of his brother John. One hundred acres of this second home- stead he conveyed some years later to his son, John Cox 2nd, the same to be so measured off the westerly part as to include the dwelling and other farm buildings, but reserving to himself and his wife, Sarah, rights as to occu- pancy of part of the dwelling, with further rights in "the seller, well and dooryard." The first homestead must have been near and northerly of the "Great Pond" and the later one, where William and his wife spent their later years, was somewhat farther east and in the most northerly part of the town. Here William died March 8, 1816; and Sarah, his wife, Feb. 9, 1837, the latter at the ripe age of ninety-four years.
John Cox, a younger brother of William, was also a member of the origi- nal Rogers party and he pitched a farm in the northeast part of the present Londonderry. He was one of the youngest, if not the youngest, of the party, being only nineteen years of age. There is no record of any conveyance of his farm prior to 1787, when he received a deed from the "Committee," though it is possible that he had previously had, from Rogers, some agree- ment which this deed was given to confirm. He died Aug. 9, 1829.
Captain Edward Aiken had his home farm a little farther east than were the two Cox farms last mentioned and it extended to the present east line of Londonderry. He also owned another tract, termed his "Mill farm," which was at the border of the "Great Pond" and included the site of the mill erected by him at the outlet of the pond near the present embankment or dam erected in later years to raise the level of the lake, when it took the name "Lowell Lake," as it is now known. This was the first mill in town and was both a saw mill and grist mill. It is not believed that Captain Aiken was one of the first party but that he came here one or two years later than they.
Deacon Edward Aiken, a cousin of Captain Edward, came at the same, or about the time as the Captain, tradition says in the summer of 1772, and took land for his homestead in that part of the old town which is now Windham, of later years known as the L. L. Howard farm. Here the Deacon spent the rest of his life. He was a man of ability and influence and none did more toward shaping the early growth and the civic life of Kent, and ancient
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Early Homesteads and Taverns
Londonderry, or represented the interests of the town more completely or guided them more wisely. Whether he ever had a conveyance of his farm, or contract for such, from Colonel Rogers is not known, but the earliest deed recorded showing his title came from the other two members of the "Com- mittee" and bears date March 17, 1781.
He represented Kent in various meetings and conventions connected with the New York controversy and the activities leading up to the estab- lishment of Vermont as an independent state; later representing Kent and ancient Londonderry, by successive elections, for many years in the State legislature. He was the first town clerk, holding that office for several years, and, much as we of later day appreciate his services as one of the most prominent fathers of the town, the fact that he failed and neglected to turn over to his successor the early records, known once to exist, both as to Land Records and proceedings in town meetings is and must ever remain a source of unavailing regret.
The tradition which gives credit to George McMurphy and Robert Montgomery as the two who first hewed out homes in town, locating them on the hill between the present villages, lacks support from any of the records. The first recorded deed to McMurphy bears date Oct. 22, 1782, from Silas Spaulding, and purports to convey a half interest in twenty-five acres and the grist mill at the "Great Pond."
In 1793 he received deed of land "in the easterly part" of Londonderry and in the description of its boundaries there is reference to the brook on which his "mill now stands." This brook was, apparently, the upper waters of the South Branch of Williams River.
In the summer of 1797 he took deed of a tract "on the west bank of West River," a part of the farm "originally owned by Hugh Montgomery and afterwards by Moses Grimes," which he sold to George Hewes in Novem- ber, 1804, being substantially the present homestead of George M. Tuttle. Likewise all the records fail to afford evidence as to Robert Montgomery's having begun the clearing of the "Collins farm." In no deed on record does his name appear as grantor or grantee.
There were four bearing the name Montgomery among the very early residents, Robert, Henry, Hugh and Hugh, Jr.
Robert's name is mentioned in a deed dated Oct. 29, 1782, from the "Committee" to Hugh, of a tract in the westerly part of the town "where he now lives." The description begins on the east bank of West River, "being Robert Montgomery's southeast corner," thence running by definite courses to a stake and stones "on the west side of West River," and then northerly by the river to the place of beginning.
Henry had deed from the "Committee," Jan. 27, 1782, and the descrip- tion therein covers the "Gibson Patch." This tract he conveyed to Abial
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The History of Londonderry
Eddy in December following and, as no record of other deeds to or from him appear, it is assumed that he removed from town.
Hugh, Jr. received deed on the same date, Jan. 27, 1782, from the "Committee" of ninety-three acres which he conveyed to Stephen Chaffe April 10, 1794 and which is marked on the town plot as "Chaffee."
These several deeds seem to locate the original homesteads of Robert and Hugh in the river valley on the westerly side of the stream, while Henry and Hugh, Jr. were on the hill upon the tracts marked respectively on the map or town plot as "Gibson Pitch" and "Chaffee."
Robert Miller was one of the early settlers, possibly, and even probably of the first party, and located on the Thompsonburg meadows, as later called. His brothers, John and Daniel, built their log houses upon the tract he had "pitched," as tradition says, though John took up land lying easterly and between Robert's home and the Patterson farm, which he later con- veyed to Pratt Chase. Reference to deeds given by him indicate that at some time between March, 1790 and February, 1792 he removed to West- minster, Vt.
Daniel had land on the west side of West River, which he conveyed in 1790 to John Hasey and Hugh Montgomery and part of which is now in- cluded in the homestead farm of George M. Tuttle, but it is not possible now to say whether or not he ever resided on the tract. Shortly after the date of this deed to Hasey and Montgomery he removed to Manchester, Vt.
Robert conveyed his farm on the meadows to Samuel Thompson Mar. 23, 1782, two and a half years before the date of the "Committee's" deed con- veying the same to him. It is said he, too, removed to Manchester, Vt.
That those named comprise all of the first or second party of settlers is not to be claimed, even as to those who were within the limits of the mod- ern Londonderry, and there were many whose homes were made in the easterly part of the ancient town, now Windham. Among these were Deacon John Woodburn, James Anderson, Joseph Oughterson, Macks, McCormicks and others.
The frequent reference in the earliest recorded deeds to lines and corners evidently fixed and described in some earlier but unrecorded deeds, and now wholly unknown, warrants only the claim that the locations as given are approximately correct. Nor does a reference to the map or plot of the town make clearer the situation, as in many instances the few notations thereon indicating one time owners of certain tracts are found, by reference to existing records, to refer to those who owned them at dates long sub- sequent to the first settlement and clearing thereon, and indicating nothing as to the original occupants.
No public house or inn ever had existence in Kent; nor in Londonderry for many years after the change of name, and there was need of none.
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Early Homesteads and Taverns
Few travelled that way and those few, for the most part, were home- seekers who enjoyed the hospitality of earlier settlers until they could estab- lish their own homes.
In February, 1799, the annual town meeting was warned, the same to be held at the house of Jonathan Aiken, "Inn Keeper," which is the earliest reference to an inn to be found in the records.
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