DEDUCTION OF THE TITLE OF BENJAMIN L. BENSON, TO EIGHTY ACRES OF LAND, AT HARLAEM, In^the Twelfth Ward of the CITY AND COUNTY OF NEW YORK. NEW YORK: Printed at 144, Nassau Street, 1836. i£x ICthrts SEYMOUR DURST When you leave, please leave this hook Because it has heen said "Ever thing comes t' him who waits Except a loaned hook." Avery Architectural and Fine Arts Library Gift of Seymour B. Durst Old York Library Wc the magistrates, by the consent and the resolution of the Inhabit- ants of this Town, have granted to Jan de La Montagne, to him and his heirs forever a piece of land together with the annexed meadows, named Montagne's point, formerly owned by his late father, lying within the jurisdiction of this Town, bounded on the North side by a creek, named Montagne's kil, stretching from the East river to a fresh water Creek, stretching between Montagne's flats and the afore- said point, On the South side bounded by a creek and a meadow and by the hills, to the aforesaid fresh-water Creek where the King's high- way crosses it ; with the meadows lying in the bend of j Hell-gat, which the aforesaid Montagne has exchanged for the Town's meadow lot, with such rights and privileges as are granted by our patent, and yet stand as granted, subjecting him to such law and servitudes as are com- mon to us, and may be imposed, (without that we the inhabitants or our heirs shall have or preteud to have any claim,) but shall enter upon and use the same as his other patrimonial property, or sell as he may deem proper, or choose to do, (excepting the Lord's right.) For the greater security, and that this deed may have greater strength and efficacy, We the Magistrates and Constable have undersigned the same this 8 Feb- ruary 1672, at New-Harlem it was signed. D. TOURNEUR, RESOLVED WALDRON. JOHANNIS VERMELJE, DAVID DES MARES T, Peter Roelefsen, Constable. New Haerlem 30 March 1G74. Agrees with the Register. Hendr. J. Vandervin, Secretary. New-York 3 Oct. 1711. Translated into English. Abraham Gouverxeur, Interpreter and Translator. 135 TITLE, &c. Extract from the Register of New Harlaem. On the 18th May, 1671. Appeared before me Jan de Lamontainje, by the Hon. Mayor's Court admitted Secretary of this Town, Jan de La Montainje aforesaid, and Jan Louwe Van Schoonderwoord, who acknowledged to have bar- gained with one another about the sale of a piece of land commonly called Montainje's Point, or, by the Indians Wreschowannis, on Con- dition as follows. In the first place John de Lamontainje aforesaid con- stitutes himself as the seller and John Louwe: Van Schoonderwood as the buyer, of the forenamed point, with the meadow lying in the bay of Hell-Hole, which the seller has exchanged for a Towns lot and meadow — The point is bounded between two creeks, and behind by a hill and the meadow thereunto belonging ; and all that by nature, or by nails is fast ; excepting the sowing, and the hop plants in the ground, with the Apple and pear trees, and 12 peach trees, which the said Seller reserves to himself, and that for the sum of Three thousand Guilders in merchant- able wheat at the selling price, unless the buyer shall furnish himself with any other way of paying, he having the benefit of choosing; The first payment shall be on the first day of May next ensuing, 1672, of Fif- teen Hundred guilders, in payment as before mentioned ; and the other 4 half, a year after the date of the aforesaid payment also of Fifteen hundred guilders ; which said land with the meadow, the seller promises, for the aforesaid sums to deliver free and unincumbered, as soon as the first pay- ment shall have been made, excepting the Lord's right to the same, pro- vided the buyer shall give his bond for the remaining payment — The seller shall remain in possession till the first payment shall be performed and paid. The buyer is permitted to cultivate the vacant ground, and if, when the crop is taken off*, the cows shall run to the damage of the buyer, in case it happen through the negligence of the seller, the seller promises to put a stop to it. Moreover the aforesaid buyer and seller in perfect agreement promise to maintain and perform the above, in the presence of Myndert Maljaart and Dirk Cornelison, as witnesses hereto requested. Given in the jurisdiction of New Harlem. J. LAMONTAGNE. Mark ^ of Myndert Maljaat, Dirk Cornelisen, Hooglanjj. Appeared before me, Hendrick Jans : Vandervin, Secretary of the Town of New-Harlem, and the afternamed Witnesses, Mrs. Maria Ver- milje, the widow of Jan delamontainje, late Secretary of this Town, who in his life time has sold to Jan Louwe Van Schoonderwort his piece of land called Montainje's point, together with the meadows thereunto belonging as shown by an article of the sale thereof dated 18 May 1671, and by indenture bearing date 8 February 1672, for the sum of Three thousand Guilders ; of which sum the Appearer characterized as above hereby acknowledges the receipt in full to the last penny, in the first place giving thanks to the buyer for his punctuality, and releasing him from all future demands. Therefore, as it has been ceded and conveyed, so the grantor hereby cedes and conveys the said piece of land and meadows thereunto be- longing to him the buyer, in free and true possession, as they were possessed by her without that she the Appearer or her heirs, thereto shall claim any right : putting him the said buyer into the right and actual possession of the same without doing, or permitting any thing against the same ; promising always to clear and defend this convey- ance ; to indemnify him and keep him harmless from cost and damage against every one that may or shall bring claim or pretension to the same (all this without art or cunning) ; To the fulfilment of this and what is before written the Appearer binds herself and her property personal and real without any exception. The Appearer acknowledges the truth of this by her own hand underwritten ; In presence of Mr. 5 David des Marcst (ruling magistrate) and Dan : Tourneur, as witnesses hereto besought and requested. Thus done and executed at New-IIarlem on the 30th day of the month of March 1G74. MARIA MONTAINJE. Witnesses. David des Marest, Daniel Tourneur. Undersigned Hendrick Jans : Vandervin, Secretary. Extract out of the Register of New-Harlem. - Article of Sale and Transport from Maria Vermelje to Cornelia Evats. Appeared before me Hendrick J : Vandervin, by the noble and very honorable Mayor's Court, admitted Secretary, residing in the Town of New-Harlem, and the witnesses hereinafter named, Mrs. Maria Ver- melje widow of the late John de Lamontagnje of the one part and Cor- nelia Everts, as authorized by her husband John Lowe Van Schoonde- woord of the other part, who acknowledged to have agreed with one another as follows. Maria Vermilje has sold to Cornelia Everts, (in the character before mentioned as the Seller) a hop-garden lying behind the land of John Lou we over against the hill together with the rights and the appur- tenances of which she the seller was possessed, for the sum of Three hundred guilders, for which sum she acknowledges that she has been fully satisfied and paid to the last penny. Therefore she has granted and conveyed the said hop-garden with the appurtenances, to the said John Louwe Van Schoonderwoort in free and full possession, as she the seller in right had thereunto, Letting the buyer do therewith according to his good pleasure : promising this conveyance to keep clear and de- fend against all and every action, or claim against the said hop-garden, (excepting the right of the Lord, without art or cunning.) Thus dune at New-Harlem in the presence of Daniel Tourneur and Thomas Holland as witnesses hereto requested and who have signed these presents with the appearers and me the Secretary, 14 November 1679. Witnessed by me, MARIA VERMILJE, Mark of ^ CORNELIA EVERTS. Daniel Tourneur, Mark of H Thomas Holland. Attest, Hendrick J. Vandervin, Secretary. 6 (Copy.) FOR JOHN LOWE BOGERT. 2 May 1700 and ) At a town meeting held of the Town of Har- signed on 21 xMarch > lem. Present, the Overseers and the Authorized 1701. ) men. Lawrence Jansen, ^ ( Arent Harmansen, Peter Van Oblinus, > and < Adolph Myers, Jaques Turnieur, ) ( Samuel Waldron. By order of Adolph Myers, John Hendrickson Brevoort, Peter Van Oblinus and Samuel Waldron, authorized men of the community at New Harlaem, as appears by the date of 29 November and 11 Decem- ber 1691. was surveyed for the person following the following land and whereupon the overseers and the authorized men have written the following deed for which they were authorized on the 14 December 1699. There is described for John Lowe Bogert for the right of 16 morgans land and lot right a piece of land lying in the bend of the Helle Hole (Helle-gat) beginning at the South West corner of the Hopp garden by a birch tree to a white oak tree standing by a small thicket (cruprel bush) marked I L B and I D L towards the river past a rock marked J L B. and J D L and so on to the beach to the end of a meadow north of a rocky hill as it is at present fenced in. Signed Overciers. ~\ Authorized Men. Peter Van Oblinis, | Samuel Waldren, Peter Van Ob- Jaques S T his mark Tourneur, ;>linis, Arent H. Bussing, A M Ad- Lowrens Jansen. olph Myer, S T Jaqves Tourneur J Lowrens Jansen, his ^ mark. ADR VERMEULE, Clerk. 7 This Indenture made the twenty-first day of September, in the fifth yeare of the reigne of our sovereigne Lady Anne, by the grace of God, of England, Scotland, France and Ireland, Queen, defender of the faith, &c. and in the yeare of our Lord Christ, one thousand seven hundred and six, between John Lowesen Bogert, of Harlem, on New York Island, yeoman, and Cornelia his wife, of the one parte, and Johannes Bensen, of the Bowery, within the limitts of the city of New York, yeoman, of the other parte. Whereas, John De Lamontaine, late of Harlem aforesaid, yeoman, deceased, by an instrument of sale, beareing date the 18th day of May, Anno Domini, 1671, forthe consideration therein mentioned, did bargaine and sell unto the said John Lowesen Bogert, a certain parcell and meadows, commonly called " Montaine's Point," and by the Indians or natives of the countrey, called " Rechcowanis." The said land and meadow being bounded on the north side with a kill or creek, commonly called " Montanie's Kill," stretching from the east river to a certain ffresh run or kill, runing betwixt Montaine's Plain and the aforesaid point ; bounded on the south with a run or kill and a meadow, and with hills till it meets with the aforesaid fresh run or kill, over which runs the King's highway, together with the meadow lying in the bay of Hellgate which the said Montanie exchanged for a townes lot of meadow. And whereas, it soe pleased God that the said John De Lamontanie came to die, before all the conditions in the said bill of sale were due to be performed. And whereas, afterwards the said John Lowesen Bogert paid the remainder of the consideration money in said instrument of sale mentioned to Maria the widdow and relict of the said John De Lamontanie, she, the said Maria, by a certain deed or instrument in writing, under her hand, beareing date the thirtith day of March, Anno Domini, 1674, did confirm, transport and make over to him the said John Lowesen Bogert, all the above recited premises as by the said instrument, relation being thereunto had more fullv and at large may appeare. And whereas, the said Maria, widdow of the said John De Lamontanie, by her certaine bill of sale, beareing date the fourth day of November, Anno Domini, 1679, for the consideration therein mentioned, did grant, bargaine and sell to the said Cornelia, the wife of the said John Loweson Bogert, being authorized by her said husband to purchase a certaine hopp garden, lying at the reare of the land heretofore granted to the said John Lowe- son Bogert, by the said John De Lamontanie and Maria his wife, betwixt said land and the hill thereto adjoyning, with all the right and title thereto belonging, as by the said bill of sale, relation being had to the same at large may appeare. And whereas, the patentees and freeholders of the towne of Harlem aforesaid, at a towne meeting held at said towne, the 8 11th day of December, Anno Domini, 1691, did make choice of Adolph Myer, Jan Hendrixse Brevoort, Samuell Waldron and Peter Van Oblinus, to ley out the undivided land belonging to the said towne's patent, as by the minute or order thereof being entered in the publick register of the said towne's affaires, signed by sixteen of the said patentees, ffreeholders and inhabitants of said towne at large may appeare. And whereas, the said patentees and freeholders, at another towne meeting, held ihe 4th day of January, Anno Domini, 1699, then unanimously consented, and it was agreed and concluded that each ffreeholders should be oblidged to pay his proportion of all publick charges that acrewed in said towne, proportionable to the lands they had within the limitts of the said towne, and should likewise have a right to and receive their just proportion of the undivided lands belonging to the said towne, proportionable to their said quantity of lands by them held and enjoyed, as by the order or agreement, entered likewise in the publick register of said towne, and signed by twenty-two of the $aid patentees and ffreeholders, relation being had to the same at large will appeare. And whereas, the said John Lowesen Bogert, by virtue of the above recited instrimuments of sale, stood then lawfully seized of the said parcell of land, called Montanie's Point and meadow there adjoyning, which, by competation, containes sixteenc morgan, or thereabouts, be it more or less. As also of the hopp garden above mentioned. And whereas, the said John Lowesen Bogert, in compliance with the said order last above recited, hath ever since from time to time, paid his share of the taxes and towne charges propor- tionable to the contents of the lands which he held and enjoyed, as by the tax rolls and book of the towne rates at large may appeare. And whereas, the said Adolph Myer, John Hendrixse Brevoort, Samuell Waldron and Peter Van Oblinus, pursuant to the trust in them reposed and the authority to them given and granted as aforesaid, upon the 21st day of March, Anno Domini, 1701, made their return to the magistrates of the said towne, that amongst other parcels of land by them laid out a lot for John Lowesen Bogert, for the right of sixteene morgan of land, and one lott of land then in his possession, (viz.) — All that a certaine parcell of land, lying in the bought of Hellgate ; beginning on the south west corner of the hopp garden, by a berken boom or burlch tree, run- ning to a white oake tree, which stands by a.small swamp, markt with the letter's I. L. B. and the letters I. L. D., towards the river, running by a rock markt I. L. B. and I. D. L. and So, running towards the strand or river side, to the end of a meadow on the north of a stoney or rocky hill, as it was then in fence, known by the name of the lot No. 25,and which joynes to the south side of the above mentioned lands and meadowes of him the said John Lowesen Bogert, as by the said return and the approbation of the 9 overseers and magistrates of Harlem aforesaid, on the same likewise entered in the publick register of said towne will appeare, relation being had to the same, which said lott of land, as it is above butted and bounded, was likewise confirmed to the said John Lowesen Bogert, his heires and assignesforever,by conveyance from JoastOblinus,the surviving patentee or joynt tenant in the old patent of Harlem, for the consideration therein mentioned, as by said conveyance, bearing date the 14th day of February, Anno Domini, 1701, at large will appeare, relation being had to the same. And which was likewise by Adolph Myer, John Hendrixse Brevosrt, Samuell Waldron and Peter Van Oblinus, by their indenture, beareing date the 14th day of September, Anno Domini, 170G, as trustees for said towne of Harlem, confirmed and released to him the said John Lowesen Bogert, as by the said indenture, relation being thereunto had more fully and at large will appeare. Now this indenture witnesseth, that the said John Lowesen Bogert, and Cornelia his wife, for^and in consideration of the sum of six hundred and fifty pounds, current money of New York, to them well and truely in hand, paid by the said Johannes Bensen, before the ensealeing and delivery hereof, the receipt whereof they do hereby acknowledge and themselves to be therewith fully satisfied, con- tented and paid, and thereof and therefrom, and of and from all and every parte and parcell thereof, they doe fully, freely and absolutely acquitt, re- lease, exonerate and discharge him the said Johannes Bensen, his heires, executors, administrators, and assigns, by these presents have given, granted, bargained, sold, conveyed, enfeoffed, assured and confirmed, and doe by these presents give, grant, bargaine. sell, convey, enfeoff, assure and confirme unto him the said Johannes Bensen, his heires, and assigns for ever, all and every the above recited or mentioned parcells of land and meadowes,as they are in the above recitalls perticularly exprest, butted, bounded and granted to him the said John Lowesen Bogart and Cornelia his wife wife, together with all and singular the buildings, erections, houses, barns, stables, out-houses, orchards, gardens, flences, meadowes, marches, swamps, creeks, ponds, waters, water courses, springs, foun- tains, privilidges, improvements, pathes, passages, commons and com- mon of pasture, woods, underwoods, priviledge in the undivided lands and appurtenances whatsoever to the same granted parcell of land and meadowes, of right belonging and appertaining ; and the reversion and reversions, remainder and remainders, rents, issues and profitts of the same and all and every parte and parcell thereof ; and also all deeds, writings and evidences touching and conserning the premises hereby granted ; and all the estate, right, title, dower, interest, pro- perty, possession, claim and demand whatsoever, of them the said John Lowesen Bogert and Cornelia his wife, of, in or to the same. 2 10 or all or any parte or parcell thereof, to have and to hold all and singular the said parcells of lands, meadowes and premisses before in these presents granted and recited to him the said Johannes Bensen, his heires and assignes forever, to the onely proper use, behoof and benefitt of him the said Johannes Bensen, his heires and assignes for ever; yielding, rendering and paying yearely and every yeare to the Queen's Majestie, her heires and successors, or such as shall be authorized to receive the same, his proportion of the quit-rent re- served in the generall patent of Harlem, according to the quan- tity of land hereby granted. And the said John Lowesen Bogert and Cornelia his wife, for themselves, their heires, executors and ad- ministrators doe covenant, grant and agree to and with the said Johan- nes Bensen, his heires and assignes, in manner and form following, (that is to say,) that the said John Lowessen Bogert and Cornelia his wife, at the time of ensealeing and delivery of these presents, are, and until a good, perfect and absolute estate of inheritance of all and singular the recited and granted parcells of lands, meadowes and pre- mises, with the hereditaments and appurtenances and every part and parcel thereof, shall be fully vested, settled and executed in and upon the said Johannes Bensen and his heires and assignes forever, shall remain and continue, and be seized of and in said parcells of land, meadowes and premises, with the hereditaments and appurtenances and every parte and parcell thereof, of a good, pure perfect and abso- lute estate of inheritance, in fee simple, without any condition or limitation of use or uses, estate or estates whatsoever, to alter, chainge, defeat, determine or make void the same. And further, that the said John Lowesen Bocrert and Cornelia his wife, at the time of the en- sealeing and delivery of these presents, have, or some of them hath full power and good ri^ht, lawful and absolute authority to grant, bar. gaine, sell and convey all and singular the before hereby granted and bargained, or mentioned to be granted and bargained, and which in these presents are above recited tracts or parcells of lands, meadowes and premisess, with the appurtenances unto the said Johannes Ben- sen, his heires and assignes forever ; and that the said Johannes Ben- sen, his heires and assignes, and every of them shall at all times here- after lawfully, quietly and peaceably have, hold, use, occupy, possess and enjoy the said tracts and parcells of lands, meadowes and premises, with the hereditaments and appurtenances, and every part and par- cell thereof, and have, take and receive the rents, issues and profitts thereof, to his and their own proper use and behoof forever, without any lawfull let, suite eviction, denial, interuption or molestation of the said John Lowesen Bogert and Cornelia his wife, or either of them, 11 their heires and assignes, or any other person or persons lawfully claim- ing any right or title to the same ; and that they the said John Lowe- sen Bogert and Cornelia his wife, the said parcells of lands and mca- dowcs, with the premises, hereditaments and appurtenances unto the same belonging, and which is herein above recited, and hereby granted by themselves, their heires, executors, administrators or some of them, or at their or some of their own proper cost and charges, to him the said Johannes Bensen, his heires and assignes, against all people, person or persons whatsoever, lawfully haveing, or at any time hereafter claiming any right or title to the same, by any lawe- ful waves or meanes whatsoever, shall and will warrant and forever by these presents defend. In witness whereof, the partyes to these presents have interchange- ably sett their hands and seales hereunto, the day and yeare first above written. JOHN LOWESEN BOGERT, ^ his mark. CORNELIA BOGERT, ^ her mark. Sealed and deli- C E. L. Blagge, vered in the pre- < Jos. Huddleston, sence of us, ( Wm. Huddleston. New York, Feby. e y 10th, 1706-7. Then apeared before me, David Provoost, one of her Majesties Justices of * Peace, for « City and County of New York, the within named John Lowe Bogart and Cornelia Bogart his wife, whome being privately examined, and did both declare this the within instrument, to be their voluntary act and deed, as witness my hand « date ut supra. D. PROVOOST- Recorded in the office of the Register in and for the City and County of New York, in Liber 226, of Conveyances, Page 37, this 21st of Sep- tember, 1827, at a quarter past ten o'clock, A. M. Examined by Jas. W. Lent, Register. 12 WILL OF JOHANNES BENSON. In the name of GOD, Amen.- — The ninth day of May, in the tenth year of her Majesties reign, and in the year of our Lord and Saviour Jesus Christ one thousand seven hundred and eleven, I, Johannes Ben- son, of New York Island, yeoman, being sick and weak in body, but thanks be to God, of perfect remembrance, do make this my last will and testament, in manner and form following, that is to say : — First, I bequeath my immortal soul into the mercyfull hand of God that gave it me, and my body to the earth to be decently Buryed, at the discretion of my executrix hereafter named, hoping in and through the merits and intercession of Jesus Christ my Saviour, for a joyful resurrection to Eternal Life and Glory. And as for the disposition of my worldly estate, I do give, devise and bequeath the same as followeth, (That is to say) First. I do by these presents Revoake and make null and void of none effect all former wills and testaments heretofore by me made. Item. I will that all my just debts Legacies and funeral expences shall be paid and satisfyed in convenient time after my decease. Item. I bequeath to my son Samson Benson, the sum of five pounds, current money of New York, in full of his pretence of being my eldest son or heire at Law. Item. I bequeath to my youngest son Johannes, my great bible, after the decease of myself and my wife. The rest of my estate real and personal, I give and bequeath to my loving wife Elizabeth Benson, for and during her natural life, if shall so long remain my widdow, To Have and To hold the same to her my said wife Elizabeth, for and during her natural life, on condition as aforesaid. But if she come to marry again, then to have and to hold the moiety, or one half of my said estate real and personal for and during her natural life only. The Reversion and Remainder of my estate real and personal, I give to my loving children by names, Sam- son, Derick, Mathew, Johannes, Catalina, Rachell, Catherine, Maritie, And for a share the two children of my daughter Lena deed ; in all mine shares, to be divided in nine equal and even shares ; to each of them my said nine children one equal ninth part, to hold to each of them, their heirs and assigns forever. And if it should happen that my said wife Elizabeth should come to dye before my youngest child Johannes attaine lawful age, that then my said real estate shall not be sold till he 13 shall be twenty one years of age, at which time it shall be sold to the highest bidder amongst my children, and divided in nine shares or parts as aforesaid. Executrix of this my last will and testament, I make and appoint my said loving wife Elizabeth Benson, desiring her to see this my last will performed. It Witness whereof, I have hereunto set my hand and seal the day and year first above written. Signed JOHANNES BENSON, [l. s.] Sealed, signed, published and ) Myndert Binger, declared in the presenc of us > Abraham Meyer, witnesses thereto desired, ) William Huddleston. Will proved and letters testamentary granted on the 20th day of May, 1718, by Robert Hunter, Captain General and Governour in Chief of the Province of New York, &c., unto Elizabeth Benson my executrix named in said will. Will supposed to be recorded in the Secretary of States office, Albany. This Indenture had made and concluded on the third day of February, the first year of the glorious reign of our Sovereign Lord George, by the grace of God of Great Britain, France and Ireland king, defender of the faith, &c, Annoque Domini one thousand seven hundred and fifteen, Between Peter Van Oblinus of New Harlem, in the county and province of New York, in America, Yeoman, Samuel Waldron of Hornshook, in the liberty of Harlem, and county aforesaid, Yeoman, and Maria Meyer of New Harlem aforesaid, widow, of the one part, and Elizabeth Benson, widow and relict, as also executrix of the last will and testament of Johannes Benson, late of the point, in the liberty of New Harlem afore- said, deceased, of the other part. Whereas his royal highness James Duke of Albany and Yorke, by Richard Nicholls, Esqr., his governour of all his territories in America, in and by a certain patent or confirma- tion, bearing date at ffbrt James, in New York in America, the seventh day of October, in the Nineteenth year of the reign of our late Sovereign Lord Charles the Second, of blessed memory, Annoque Domini one thou- sand five hundred and fifty seven, Did ratefy, confirm and grant unto Thomas De la Val, Esq. John Yer Veulen, Daniel Turneur, Joast Van Oblinus and Resolved Waldron as patentees, for and on the behalf of themselves and their associates, the freeholders and Inhabitants of the said Town of New Harlem, their heirs, successors and assigns, all that 14 tract with the several parcels of land which already have or hereafter shall be purchased for and on the behalf of the said town, within the bounds and limits therein set forth and expressed, To have and to hold all and singular the said Land, &c, unto the said Patentees and their associates, their heirs, successors and assigns forever, as by the said patent or confirmation, reference being thereunto had at large may ap- pear, the said above named five patentees having not at any time during their natural lives or joint tenancy, made any lawful partition, by release or otherwise to each other, to alter the said joint tenancy, and the said Joast Van Oblinus having survived the rest of the above named patentees and is since deceased, the premises by reason thereof, be- came vested in the said Peter Van Oblinus, son and heir of the said Joast Van Oblinus. And whereas the said Peter Van Oblinus with the present freeholders and Inhabitants of the said town, by a certain instrument in writing, under their hands and seals, dated the nineteenth of May, one thousand seven hundred and eleven, did agree that a divi- sion be made of such lands as were then yet undivided, belonging to the said town, and whereas the said freeholders and inhabitants, in and by another Instrument in writing, under their hands and seals, dated the two and twentieth day of March, one thousand seven hundred eleven- twelve, did agree and consent that sixty acres of the said undivided lands should be first laid out and appropriated and given to the heirs and assigns of the said patentees, to be equally divided amongst them, in consideration whereof the said heirs or assigns or the major part of them should make and perfect such conveyance or conveyances as shall be thought proper to be made and perfected, (by council learned in the law) for the better confirmation of the titles of the rest of the freeholders to the lands they were then lawfully possest of, and to such other Lands as might afterwards be laid out and lawfully appropriated to them out of the remainder of the undivided lands, and whereas the division of the same is now made and perfected according to the several agreements of the freeholders as above mentioned, and according to the direction in an act of assembly past in the year of our Lord one thousand seven hundred and eight, in the seventh year of her late Majesty's reign, entitled an act for the easier partition of lands in joynt tenancy or in common. Now this Indenture witnesseth that they the said Peter Van Oblinus, Samuel Waldron and maria Meyer, for and in consideration of the said sixty acres of land to the heirs and assigns of the said patentees, layed out and appropriated as aforesaid, and for and in consideration of the sum of five shillings current money of New York, to them well and truly in hand paid, before the ensealing and delivery of these presents by the said Elizabeth Benson, the receipt whereof they do hereby ac- 15 knowledge, and themselves to be therewith fully satisfied, contented and paid, and thereof and therefrom and of and from every part and parcel thereof, Do fully, freely and absolutely acquit, release, exonerate and discharge her the said Elizabeth Benson, her heirs, executors, adminis- trators and assigns forever, by these presents Have granted, remised, released and forever quit-claimed, and do by these presents, for them- selves, their associates the freeholders and inhabitants, their heirs, suc- cessors and assigns, clearly, freely and absolutely grant, remise, release and forever quit-claim unto the said Elizabeth Benson, in her full and peaceable possession and seizure belonging, and her heirs and assigns forever, all the estate, right, title, interest, property, claim and demand whatsoever, which they the said Peter Van Oblinus, Samuel Waldron and Maria Meyer, their associates the freeholders of the said town now have, or hereafter may or ought to have, of, in or to all those several JLotts, parcels and additional pieces of land, houses, out houses, buildings, erections, barns, stables, orchards, gardens and improvements whatso- ever, whereof the said Elizabeth Benson or her said late husband Johan- nes Benson, deceased, at any time before the date hereof stands lawfully possessed, either by former permits, grants, divisions or allottments of the above named patentees, or freeholders, or magistrates of the said town of New Harlem, or by virtue of former grants, bargains, sales and conveyance or conveyances of any person or persons whatsoever. But more especially of, in or to all those several Lotts and parcels of land hereinafter named, surveyed and laid out by Peter Berryeu, in the several divisions as follows, that is to say: In the first division, the Lott number twelve, containing twelve acres, three quarters and nine rodds, being in breadth twenty one rodds, lying between the lands of Arent Bussing and Jacob Turneur, running from the land of captain De Key, to the land of Peter Van Oblinus, north seventy nine degrees East. In the second division, the Lott number eight, containing twenty two acres, one quarter and eight rodds, being in breadth along the high- way about forty rodds, and runs from said way South forty five de- grees, East and South fifty degrees and one third of a degree, East between the land of captain Congreve and John Nagle, to Harlem River. In the third division, the Lott Number Eighteen, containing five acres, three quarters and two Rodds, the same containing in breadth about nineteen rodds and a half, and runs from the middle line in this division between the land of Metije and Lawrence Cor- nelison, and some common land, South fifty three degrees, East to the meadow at Harlem River aforesaid. And in the fourth division, Number eighteen, containing nine acres, three quarters and twenty two rodds, being in breadth eighteen rodds, and runs from a North 16 Northwest line drawn from the little bridge at John Dickman's land, north sixty seven degrees, West between the land of Isaac De la Matre and some common land, to Hudson's river, as may appear by the several draughts of the same, To have and to hold the said several Lotts parcels, additions and divisions of the Land and improve- ments above named, together with all ways, waters, water courses, woods, underwoods, trees, timber, rights, liberties, priviledges, im- munities, easements, profits and commodities, hereditaments and ap- purtenances whatsoever unto the same belonging, or in any wise appurtaining, unto her the said Elizabeth Benson, her heirs and as- signs forever, unto the only sole and proper use, benefit and behoof, of her the said Elizabeth Benson, her heirs and assigns for ever, in such manner as is willed and directed in and by the said John Ben- son's last will and testament, declared in writing on the ninth day of May, one thousand seven hundred and eleven, to which refer, So that neither they the said Peter Van Oblinus, Samuel Waldron and Maria Meyer, nor any other person or persons for them, or in their name or names, right, use or stead, shall or may, by any ways or means, hereafter have claim, challenge or demand any estate or interest of, in or to the premises or any part thereof, (by virtue of the said patent above recited or otherwise.) But from all action, right, estate, title, interest and demand of, in or to the premises, shall be utterly excluded and debarred forever by these presents. And the said Peter Van Oblinus, Samuel Waldron and Maria Meyer, for them- selves, their heirs and assigns, and all persons claiming under them or any of them, into or out of the before mentioned pre n ses, shall and will at any time hereafter, at the proper cost and charges in the law of her the said Elizabeth Benson, her heirs or assigns make such further and other lawful act, conveyance and assurance in the law for the better conveying and assuring all and singular the premises aforesaid, unto the said Elizabeth Benson, her heirs and assigns forever, as by her or them shall or may be reasonably devised or required. In testimony whereof the parties to these presents have hereunto interchangeably set their hands and seals, the day and year first above written. This is the xj mark, MARY MYER. [l. s.] SAMUEL WALDRON. [l. s.] PETER V. OBLINUS. [l. s.] Sealed and delivered in the presence of us (after the interlining of the word [Harlem] in the second line.) John Buckenhoven, George Dyckman. 17 This Indenture made the twenty eighth day of March in the Seventh year of the reign of our Soveriegn Lord George of Great Brit- tain Ffrance and Ireland king defender of the ffaith &c. and in the year of our Lord one thousand eight hundred and twenty one, Between Elizabeth Benson, widow relict and executors of Johannes Benson, late of the island of New York dee'd. Laurence Courtrcght of the same place Yeoman, Dirick Benson of the same Yeoman, and Cathrina his wife, Jacob Symon of the same place Yeoman, and Catlina his wife, Mathew Benson of the same place Yeoman, and Elizabeth his wife, Abraham Lameter of the same place Yeoman, and Cathrina his wife, Johannes Cowenhoven of the County of Bergen, in the province of East New Jersey Yeoman, and llachell his wife, Rick Lydecker of the same place and province Yeoman, and Mary his wife, and Johannes Benson, son of the said Johannes Benson Deced. of the one part, And Sampson Benson, of Harlem, Yeoman, on the island aforesaid, of the other. Whereas, John Lowesen Bogert and Cornelia his wife, by virtue of a certain Indenture of bargain and sale bearing date the twenty first day of September in the year of our Lord one thousand seven hundred and six, for the consideration therein mentioned, did bargain and sell to Johannes Benson, late of the said place, yeoman, deced. all that a certain parcell of land lying in the bought of Hellgate, beginning on the South- west corner of the Hopp garden by a Berken Boom or burch tree, run- ning to a white oake tree, which stands by a small swamp markt with the letters I L B and the letters I L D and soe running towards the strand or river side, to the end of a meadow on the north of a stony or rockey hill as it was then in fence, known by the name of the Lott 25, and which Joynds to the South side of the above mentioned Lands and meadows of him the said John Lowesen Bogert, by the said return and approbation of the overseers and magistrates of Harlem aforesaid, on the same likewise entered in the publick register of said town will appear, relation being had to the same, which said Lott of land as it is above butted and bounded, was likewise confirmed to the said John Lowessen Bogert, his heirs and assigns forever, by conveyance from J oast Oblinus the surviving patentee or Joynt Tenant in the Old patent of Harlem, for the consideration therein mentioned as by said convey- ance, bearing date the fourteenth day of February, Anno Dom. one thousand seven hundred and eleven at large will appeare, relation be- ing had to the same, and which was likewise by Adolph Myer, John Hendrickse Brevoort, Samuel VValdron and Peter Van Oblinus by their indenture bearing date the fourteenth day of September, Anno Din. one thousand Seven hundred and six, as Trustees for said town of Harlem, confirmed and released to him the said John Lowesen Bogert, as by the 3 is said Indenture relation being thereunto had more fully and at large will appeare. And whereas the survivor of the patentees of Harlem, and other the freeholders belonging to the said town by their trustees Peter Oblinus, Samuel Waldron and Mary Meyer, in and by a certain inden- ture of release, bearing date the third day of February, one thousand seven hundred and fifteen, did for the consideration therein mentioned, grant remise release and forever quit-claim unto the said Johannes Benson all those severall Lotts parcells and additional peices of Land, houses outhouses buildings erections barnes stables orchards gardens and improvements whatsoever, whereof the said Elizabeth Benson or her said late husband Johannes Benson deced. at any time before the date hereof stands lawfully possessed, either by former permitts, grants divisions or allottments of the above named patentees, or freeholders, or mjestrates of the said town of New Harlem, or by virtue of former grants bargains sales and conveyance or conveyances of any person or persons whatsoever, But more especially of in or to all those severall Lotts and parcels of Land herein after named surveyd and laid out by Peter Berrien, in the severall divisions as follows, that is to say, In the first division the Lott number twelve, containing twelve acres, three quarters and nine rodds, being in breadth twenty one rodds, lying be- tween the lands of Arent Bussing and Jacob Turnear, from the land of captain De Key to the land of Peter Van Oblinus, North Seventy nine degrees east. In the second division the Lott number eight, containing twenty two acres, one quarter and eight rodds, being in breadth along the highway about fforly rodds, and runs from said way*South forty six degrees, East and South ffifty degrees and one third of a degree east between the land of captain Congrove and John Nagle, to Harlem River. In the third division the Lott number Eighteen, containing five acres, three quarters and two rodds, the same contains in breadth about nineteen rodds and a half, and runs from the middle line in this division between of the land of Mattje and Laurence Cornelison and some common land South fifty three degrees East to the meadow at Harlem River aforesaid ; and in the fourth division Number Eighteen, containing nine acres, three quarters and twenty two rodds, being in breadth eighteen rodds and runs from a North West line drawn from the little Bridge at John Dickman's land north Sixty seven degrees West between of Isaac Delamatre and some Common Land to Hud- son's River, as mny appear by the severall draughts of the same. Now this Indenture witnesseth that the said Elizabeth Benson, Law- rence CourUeght, Dirick Benson and Cathrine his Wife, Jacob Symon and Catlina his Wife, Mathew Benson, Elizabeth his wife, Abraham Lametev and Cathrina his wife, Johannes Oowenhovcn and Raehell his 19 wife, Rick Lydeckcr and Mary his wife, and Johannes Benson, for and in consideration of the Sum of Seven hundred and eight pounds, lawful money of New York, to them or one of them well and truoly in paid — paid by the said Sampson Benson before the ensealing and delivery of these presents, the receipt whereof they do hereby acknowledge and themselves therewith fully satisfied contented and paid, and thereof and therefrom and of and from every part and parcel] thereof they doc fully freely and absolutely acquilt, release, exonerate and discharge him the said Samuel Benson, his heirss executors administrators and assigns by these presents, Have given granted bargained Sold conveyed enfeoffed released assured and confirmed, and doe by these presents give, grant, bargaine, sell convey, enfeoff', release, assure and confirm unto him the said Sampson Benson, his heires and assigns forever, All and every the above recited or mentioned parcclls of Lands and meadows as they are in the above recitalls particularly cxprest butted and bounded, To- gether with all and singular the buildings erections houses barns stables outhouses orchards gardens ffences meadow T s marshes swamps creeks ponds waters water-courses springs fountaines priviledges improve- ments paths passages common and commons of pasture woods under- woods trees timber rights libertys priviledges profitts comoditys here- ditaments and appurtenancies whatsoever to the said hereby granted parcells of Lands and meadows belonging, or in any wise appertaining, and the reversion and reversions remainder and remainders rents issues and profitts thereof and every part and parcel thereof, as alsoe all deeds writings and evidences touching and concerning the premises hereby granted, and all the estate right title dower interest property possession claim and demand whatsoever of them the said Elizabeth Benson, Law- rence Courtright, Dirick Benson and Cathrine his wife, Jacob JSymons and Catlina his wife, Mathew Benson and Elizabeth, Abraham Lameter and Cathrine his wife, Johannes Cow r enhoven and Uachell his wile, and Johannes Benson, of in or to the same, or all or any part or parcell thereof To have and to hold all and singular the said parcells of Lands meadows and premises before in these presents granted and recited, to him the said Sampson Benson, his heires and assignes forever, to the only proper use benefitt and behoofe of him the said Sampson Benson, his heirs and assigns forever, and the said Elizabeth Benson, Lawrence Courtreght Dirick Benson and Cathrine his wife, Jacob Symon and Catlina his wife, Mathew Benson and Elizabeth his wife, Abraham Lameter and Cathrine his wife, Johannes Cowenhoven and Rachell his wife, Rick Lydecker and Mary his wife, and Johannes Benson, and their heires, the said parcells of Lands and meadows, with the premises hereditaments and appurtenances unto the same belonging, and which 20 is herein above recited and hereby granted unto the said Sampson Ben- son, his heires and assignes, against all person or persons whatsoever haeving or lawfully claimeing any right or title to same, by from or under them, any or either of them, by any lavvfull wayes or means whatsoever, and shall and will warrant and forever defend by these presents, And lastly, that they the said Elizabeth Benson, Lawrence Courtreight, Dirick Benson and Cathrine his wife, Jacob Symon and Catlina his wife, Mathevv Benson and Elizabeth his wife, Abraham Lameter and Cathrine his wife, Johannes Cowenhoven and Rachell his wife, and Rick Lydecker and Mary his wife, and Johannes Bensen, and all and every their heires and assignes, some or one of them, and all and every other person and persons whatsoever claiming or which shall or may claime any estate right title or interest of in or to the said par- cells of Lands meadows and premises before in these present granted and recited, with their appurtenances, or of in or to any part or parcell thereof under them or either of them, shall and will from time to time and at all times hereafter, at the reasonable request costs and charges in the Law of the said Sampson Benson, his heires and assignes well and truely further doe acknowledge, levy and execute or cause or suffer to be done and executed all and every such further and other lawful and reasonable act and acts, devise and devises, conveyance and con- veyances, assurance and assurances in the law whatsoever, for the further, better and more perfect assurance, surety and suremaking. re- leasing, conveying and assureing of the aforesaid parcells of lands meadows and premises in these presents granted and recited, with their appurtenances unto the said Sampson Benson, his heires and assignes as shall from time to time be reasonably devised, advised or required by the said Sampson Benson, his heirs or assigns or his or their coun- cil! learned in the law, any thing contained in these presents, to the contrary hereof in any wise notwithstanding. In witness whereof the partys to these presents have hereunto inter- changeably sett their hands and seals to the same, the day and yeare at first above written — RYCK LEYDECKER, [l. s.] MARY LEYDECKER, [ L . s.] JOANNI BENSEN, [l. s.] JOHA COWENHOVEN, [l. s.] The mark * of RACHELL COWENHOVEN, [l. s.] The mark * of CATHRINE DE LAMATER, [l. s.] 21 MATHEWS BENSEN, [l. s.] The mark x of ELIZABETH BENSON, [r, s.] A BE R II AM DE LAMETER, [l. b.] The mark ^ of CATHERINE BENSON, [l. s.] The mark j*j of JACOB SYJMON, [l. b.] The mark ^ of CATLINA SYMON, [l. s.] ELIZABETH BENSON, [l. b.] Thcmarke ^ of LAWRENCE COURTREGI1T, [l. s.] The marke * of DIRICK BENSON. [l. s.] Reced the day and yeare within written of and from the within named Sampson Benson the sume of Seven hundred and eight pounds being the full consideration mony within mentioned wee say reced by us ELIZABETH BENSON. Testis. Abram Meyer, H. De Meyer. Sealed and delivered in the presence of us. Memorandum that the day of the date within mentioned quiet and peaceable possession and seizen was delivered by the partys within mentioned to the said Sampson Benson in the presence of us Abram Meyer, Adolpii Meyer, H. Demeyer, Jr. New York, the 21 Novcmb. 1723. Then personally appeared before me Philip Cortlandt one of his May Justices of the Peace for the City & County of New York Abraham Myer one of the witnesses and alsoe Adol, h Mver whoern Declared upon the holy evangelists of Almighty God that the within Subscribers signed sealed and declaircd this indented instrument as their voluntary act & Deed. AUsd appeared before me Johannes Benson one of the within subscribers whoe this day acknowledged that this instrument is his voluntary act & deed. PHILIP CORTLANDT. 22 WILL OF SAMSON BENSON. hi the name of GOD, A men. — I, Samson Benson, of Harlem, in the county of New York, being of sound mind and memory, (thanks be to God,) do make and ordain this my last will and testament, in manner following. Imprimis ■ — I will and desire that all my just debts and funeral charges shall well and truly be paid out of my estate. Item. I give, devise and bequeath unto my loving wife Mary Benson, during so long time as she shall remain and continue my widow, the use. benefits and profits of my dwelling-house and farm, and my estate, both real and personal, to be possessed and enjoyed by her during her widowhood, and that my three daughters Catharine Shourd, Anne Ben- son, and Catline Benson, live with her on my said farm, and be main- tained also out of the profits of my estate, while she remains my widow, and they remain single and unmarried. And after the death or marriage of my said wife, which shall first happen, then my will and desire is, % and 1 do hereby give, devise and bequeath all my estate, both real and personal, of what kind soever, to and amongst my nine children hereafter named, to be equally divided amongst them, part and part alike, that is to say : To my eldest son Johannes Benson, to my daughter Elizabeth, now the wife of Hanse Romer, to my daughter Mary, the wife of Samson Belts, to my daughter Catharine Shourd, to my son Adolph Benson, to my daughter Elena, the wife of Peter Boscn, to my son Benjamin Ben- son, to my daughter Anne Benson, and to my daughter Catline Benson, to be equally divided amongst them in equal proportion, share and share alike, only with this difference, that my eldest son Johannes Benson, shall have for his share or part, twenty shillings more than any other of the rest of my said children. And whereas my said son Johannes Benson, my daughter Elizabeth the wife of Hanse Romer, my daughter .Mary the wife of Samson Pelts, my daughter Catharine Shourd, my son Adolph Benson, and my daughter Elena the wife of Peter Bosen, and my son Benjamin Benson, having already each of them had their outset when they were married. And whereas my said daughter Catharine Shourd, having brought what she had for her outset again into my house, and it being used in my family, therefore my desire is, that said daughter Catharine Shourd 25 shall have the sum of one hundred pounds or the value thereof, for an outset, for her service heretofore done in my family, when it shall please God that she should fortune to be married, at the same time to be paid and delivered her out of my estate, by my wife Alary Benson, if she be then living and unmarried, otherwise to be paid and delivered her out of my estate, when it is divided by my executors hereafter named. Also my desire is, that my said daughter, to wit : Anne Benson and Catline Benson, shall each of them have the sums of £50, or the value thereof for an outset, to be paid and delivered them in like manner, in order that there may be an equal division, I have included for the ser- vices of my said daughter Catharine Shourd. And it is further my will and desire in case it should so happen, that any of my said children hereinbefore mentioned, either sons or daugh- ters, should happen to die without issue, lawfully begotten of their bodies, his or her part, portion or share of them, or any or other of them so dying before such time, my estate be divided, his or her part shall go, remain and lie to and amongst the survivor and survivors of them, part and part alike. And 'tis further my will and desire, that what moneys I have already paid, or am liable to pay for any of my said children or their husbands, shall be deducted out of his or her share. And in order to enable my said wife to pay my debts and to finish the mill I am now building, I do hereby empower her and my son Ben- jamin Benson, and my daughter Catharine Shourd, to sell and dispose of so much of my moveable or personal estate, as they shall think fit, will be sufficient for that purpose. And in order that my said estate should be equally divided after my debts being paid, and the outset as aforesaid delivered, then my will and desire is, that my dwelling-house and farm aud mill shall be sold by my executors, or the survivor of them, to the best advantage, giving them full power to dispose of the same to any one of my said children that will give the most for it, and if neither of them see cause to purchase the same, then my will is, and I do hereby order, that my said dwelling-house, farm and mill should be sold by my executors, or the survivor of them, to be the best advantage, at public vendue ; also all the remainder of my personal estate, in order that there shall be an equal division of all my estate, both real and per- sonal, to and amongst my said children as aforesaid, and that within six weeks after my said wife's death or marriage, which shall first happen. 24 And I do hereby nominate, make, ordain and appoint my good friend James Henderson and Anthony Duane, to be my executors of this my last will and testament. And lastly, I do hereby revoke and make void all former and other wills and testaments whatsoever heretofore by me made, either by word or writing, declaring this my last will and testament. In witness whereof I, the said Samson Benson, to this my last will and testament, have set my hand and seal, in New York, this twelfth day of September, in the year of our Lord, one thousand seven hundred and thirty-nine. SAMSON BENSON, [l. s.] Signed, sealed, published and declared by the testator, in the presence of Nathaniel Bounet, Nathaniel Ogden, John Kelly. Administration granted, with the will annexed, by George Clarke, Esq., his Majesties Lieutenant-Governor and Commander-in-Chief of the province of New York, to Mary Benson, widow and relict of Sam- son Benson, deceased, on the 21st January, 1741. Will recorded in Surrogates office, in the city of New York, in liber 14, of wills, page 175. This Indenture made the twenty-third day of September, in the year of our Lord, one thousand seven hundred and forty, between Samson Pelts, of the city of New York, roapmaker, and Mary his wife, one of the daughters of Samson Benson, late of Harlem, deceased, of the one part, and Benjamin Benson, of Harlem, son to tbe aforesaid Samson Benson, of the other part. Whereas the said Samson Benson, did by his last will and testament in writing, give, devise and bequeath unto his loving wife Mary Benson, the mother of the aforesaid Mary and Benjamin, during so long time as she should continue his widow, the use, benefit and profits of his dwelling-house and farm, at Harlem, and all his estate, both real and personal, to be possessed and enjoyed by her during her widowhood, and after the death or marriage of his said wife, which should first happen, then he gave part and part aliAe, that is to say : to his eldest son Johannes Benson, to his daughter Elizabeth, the wife of Hanse Homer, to his daughter the above named Mary, the wife of the aforesaid Samson Pelts, to his daughter Catharine, the widow 25 of Luke Shourd, to his son Adolpfi Benson, to his daughter Elena, the wife of Peter Bussing, to his son the aforesaid Benjamin Benson, to his daughter Ann Benson, and to his daughter Catline Benson, to hold to them and their heirs forever, to be equally divided amongst them, in equal proportion, share and share alike, only with this difference, that his eldest son Johannes Benson, should have twenty shillings more than any of the rest of his said children,as in and by the same said last will and testament of him the said Samson Benson, fefference being thereunto had will more plainly appear. Now this indenture witnesseth, that the said Samson Pelts and Mary his wife, for and in consideration of the sum of two hundred pounds to them in hand already, before the sealing and delivery hereof by the said Benjamin Benson, well and truly paid, whereof and wherewith the said Samson Benson and Mary his wife, acknowledged themselves to be fully satisfied, and thereof and every part thereof noth clearly and absolutely acquit and discharge the said Benjamin Benson, his executors and administrators, and every of them by these presents, as also for divers other good causes and considera- tions them thereunto moving, he the said Samson Pelts and Mary his wife, have granted, bargained, sold, assigned and set over, and by these presents, Do grant, bargain, sell, assign and set over unto the said Benjamin Benson, a,nd to his heirs, executors, administrators and assigns, all that their share or part, protions or ninth part of, in, and to all or any part of the estate, real and personal, of him the said Samson Benson, deceased, and all the estate, right, title and interest, property, claim and demand whatsoever, which he the said Samson Pelt 43 and Mary his wife, now have, or may hereafter in any wise ought to have, or claims of, in, or unto any part of the real and personal estate of him the aforesaid Samson Benson, for or by reason or force, and virtue of the last will and testament of him the said Samson Benson above recited, To have and to hold to him the said Benjamin Benson, his heirs, execu- tors and assigns, the said ninth part or share of all the real and personal estate of them the said Samson Pelts and Mary his wife, of, in and to the estate of him the said Samson Benson, deceased, and also all their right, title, estate, interest, claim and demand whatsoever to the said estate, both real and personal, of him the said Samson Benson, in as large and ample manner to all intents and purposes whatsoever, as he the said Samson Pelts and Mary his wife, ought at any time hereafter to enjoy, by force and virtue of the said recited will of him the said Samson Benson. And further, I, the said Samson Pelts and Mary my wife, for the considerations aforesaid, have remised, released, and forever quit-claimed, and by these presents Do for themselves, their heirs, exe- cutors, administrators and assigns, remise, release, and forever quit- 4 26 claim unto the said Benjamin Benson, and also to the said Mary Benson, the widow and executrix, and all other the executors of the last will and testament of the aforesaid Samson Benson, and all the estate, right, title, interest, claim and demand whatsoever, which I, the said Samson Pelts and Mary my wife, now have, or which either of us, our heirs at any time hereafter may or ought to have, of, in or to all or any part of the estate, both real and personal whatsoever, of the aforesaid Samson Benson, deceased, so that neither I the said Samson Pelts and Mary my wife, nor our heirs, nor any other person or persons for us, or in our names, right, title, or stead, shall or may, by any ways and means here- after, have claim, challenge or demand any estate or interest of, in or to the estate of the said Samson Benson, either real or personal, but from all action, right, estate, title, interest and demand of, in or to any part of the estate, either real or personal, of the said Samson Benson, shall and will be utterly excluded and debarred forever by these presents. And further, I, the said Samson Pelts and Mary my wife, for the considera- tion aforesaid, have remised, released and forever quit-claim all manner of demands, actions, cause and causes of actions, against Mary Benson, the widow and executrix of the aforesaid Samson Benson, or against the estate, both real and personal, of the said Samuel Benson, and his executors whatsoever, both in law or equity, or otherwise howsoever, which I Samson Pelts and Mary my wife, now have, or hereafter might have, by force and virtue of the last will and testament of the aforesaid Samson Benson, herein before recited. In witness whereof the parties first above named have interchangebly set their hands and seals, the day and year first above written. SAMSON PELTS, [l. s.] MARY her x mark, BENSON. £l. s.] Sealed and delivered in the presence of Evert Pelts, Dennis M. Gennis, Luckes his ^ mark, Shut. lleced the day and year within mentioned, from Benjamin Benson, the sum of two hundred pounds, being the consideration money mentioned, as witness our hands. Witness, 27 This Indenture made the twenty-eighth day of January, in the six- teenth year of the reign of our sovereign Lord George the Second, by the grace of God of Great Britain, France, and Ireland king, de- fender of the faith, ecc, and in the year of our Lord one thousand seven hundred and forty-two, Between Johannes Benson and Tannckca his wife, Adolph Bonson and Eva his wile, Jacob Dickman juror, and Gatline his wife, all of Harlem, in the county of New York, Samson Pelts and Mary his wile, Daniel Maggown and Catharine his wife, of the city of New York, Hanse Rorner and Elizabeth his wife, in the county of Bergen, in East New Jersey, Peter Bosen and Elena his wife, John Odell and Anne his wife, in the manner of Fordam, in the county of Westchester, of the one part, and Benjamin Benson, of Harlem, in the county of New York, of the other part. Whereas Samson Benson, late of Harlem, in the county of New York, deceased, late husband of Mary Benson, Did by his last will and testament, bearing date the twelfth day of September, in the year of our Lord one thousand seven hundred and thirty-nine, amongst other things give and devise, after the death or marriage of his said wife Mary, which should first happen, all his real estate to and amongst his nine children herein named, to be equally divided amongst them, part and part alike. To his eldest son Johannes Benson, to his daughter Elizabeth, now the wife of Hanse Homer, to his daughter Mary the wife of Samson Pelts, to his daughter Catharine Shourd, who is since married to the aforesaid Daniel Magown, to his son Adolph Benson, to his daughter Anne, who is since married to the aforesaid John Odell, to his daughter Elena the wife of Peter Benson, to his son Benjamin Benson, and to his daughter Catline Benson, who is since married to Jacob Dickman, and in order for an equal division, did by his said will order, after his debts being paid, and the outsets divided to his said children, that the said dwelling house, farm and mills should be sold within six weeks after the death or marriage of his said wife, to any one of his said children, relation being had to the will aforesaid, will more plainly appear. And whereas the said Mary Benson, widow of Samson Benson, deceased, for and in consideration of the sum of one hundred and fifty pounds, paid or secured to be paid to her by the parties above mentioned, or by one of them, as also for other considerations moving her to allow and consent that the dwelling-house, farm and mills of her late hus- band Samson Benson, should be sold, in order now that each of her children aforesaid should have in certainty his or her own part and portion, as is herein agreed and testified by her the said .Mary Benson, being made a party in sealing and delivery of these presents. Now 28 this Indenture witnesseth, that the said Johannes Benson and Tannekea his wife, Adolph Benson and Eva his wife, Jacob Dickman, junior, and Catline his wife, Samson Pelts and Mary his wife, Daniel Mag- gown and Catharine his wife, Hanse Romer and Elizabeth his wife, Peter Bosen and Elena his wife, John Odell and Anne his wife, for and in consideration of the sum of fifteen hundred pounds, current money of New York, to them in hand paid by the said Benjamin Benson, before the sealing and delivery of these presents, the receipt whereof they do hereby acknowledge, and themselves therewith fully satisfied, contented and paid, and thereof and therefrom and of and from every part and parcel thereof, they do fully and freely and ab- solutely acquitt, release, exonerate and discharge him the said Ben- jamin Benson, his heirs, executors, administrators, and every of them by these presents, Have given, granted, bargained, sold, conveyed, enfeoffed, released, assured and confirmed, and do by these presents give, grant, bargain, sell and convey, enfeoff, release, assure and con- firm unto him the said Benjamin Benson, his heirs and assigns forever, All that certain dwelling-house, mills and farm, as it is now in fence, situate, lying and being in Harlem, in the county and province of New York, now in the tenor or occupation of him the said Benjamiu Ben- son, containing about two hundred acres, be the same more or less. Also a lott number eighteen, in a third division, containing five acres, three quarters and two roods, the same containing in breadth about nineteen rods and a half, and runs from the middle line in the divi- sion between the land of Mattje and Lawrence Cornelisson, and some common land, south fifty-three degrees, east 4o the meadow at Har- lem River. Also another lott number eighteen, in the fourth division, containing nine acres, three quarters and twenty-two rods, being in breadth eighteen rods, and runs from a north northwest line drawn from the little bridge at John Dickman's land, north sixty-seven de- grees, west between Isaac Delamatre and some common land, to Hudson's river, which premises were purchased by the said Samson Benson from Elizabeth Benson and others, by a deed bearing date the twenty-eighth day of March, in the year of our Lord one thou- sand seven hundred and twenty-one, reference being thereunto had will more at large appear, together with ail and singular the build- ings, errections, houses, mills, barns, stables, outhouses, orchards, gardens, fences, meadows, marches, swamps, creeks, ponds, water, water-courses, springs, streams, fountains, priviledges, improvements, paths, passages, common and right of commonage, woods and erwoods, trees, timber, rights, liberties, profits, hereditaments and appurtenances whatsoever to the said hereby granted and released premises belong- 2