The Will of Philip Pell Sr. of the Manor of Pelham
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This article presents the will of Philip Pell of the Manor of Pelham who died between December 21, 1751 and May 27, 1752. Sometimes referenced as Philip Pell I, he married Hannah Mott. Philip Pell I was a son of Thomas Pell, so-called "Third Lord" of the Manor of Pelham. Philip Pell I was the father of Philip Pell II (1732-1788) who married Gloria Tredwell. Philip Pell II is believed to have built the original Pell farmhouse that forms a portion of the home that still stands known as "Pelhamdale," listed on the National Register of Historic Places. Philip Pell II was the father of Philip Pell III (often referenced, confusingly, as "Philip Pell, Jr.") who is one of the most celebrated men ever to have lived in Pelham.
In failing health, on December 21, 1751, Philip Pell I executed his last Will and Testament. I have written about the will before, based on a published abstract of its contents. See Fri., Mar. 09, 2007: Abstract of Will of Philip Pell I of the Manor of Pelham Prepared in 1751 and Proved in 1752. Today's posting to the Historic Pelham Blog transcribes the entire text of the will of Philip Pell I and presents images of each of the pages of the will from the archives of the Surrogate's Court. In addition, the article discusses the significance of various aspects of Pell's will.
In his will, Pell leaves his real estate and the vast majority of the remainder of his estate to his son, Philip Pell II. He provides for the future and comfort of his wife at the time of his death, "Phebe," who was his second wife. Pell's will provided:
"I give to my present Wife Phebe all the plate which now remains which she brought with her when we were married also one Negro Boy named Lew one good feather Bed Beding [sic] & furniture also I order my said Wife shall have the Liberty & priviledge [sic] of living in one of the Rooms in my house which she shall choose as long as she shall live and I order my son Philip to maintain her in an Honourable Manner & find her a good horse and chair to go abroad with."
The will further notes that in the event of any dispute between Phebe Pell and his son, Philip Pell II, regarding her living arrangements in the home, then his son would have to pay her two hundred pounds and she would have to leave the home.
The will also details bequests to the two daughters of Philip Pell I: Hannah Pell and Martha Pell. First, Pell bequeathed to them equal shares of "all the valuable goods & plate which I had by my first Wife Hannah dec'd."
Each received three young slaves and three hundred pounds. The sums were to be paid in six annual installments of 50 pounds beginning at the time of marriage or the age of twenty one, whichever came first. Both daughters also were permitted, on the day of their marriage, each to select and take six milk cows from the herd bequeathed to his son, Philip Pell II. Hannah seemed to receive a special bequest in the form of "half a Dozen Silver Spoons which I had made last winter."
The full text of the will, and images of the pages of the will from the archives of the Surrogate's Court, appear below.
I Philip Pell of the Manor of Pelham in the County of Westchester & province of New York Yeoman being indisposed in Body but of sound mind & memory do make my last Will and Testament in manner following first I order all my just debts & funeral charges to be duly paid and satisfied in some convenient time after my decease 2d I give to my present Wife Phebe all the plate which now remains which she brought with her when we were married also one Negro Boy named Lew one good feather Bed Beding [sic] & furniture also I order my said Wife shall have the Liberty & priviledge [sic] of living in one of the Rooms in my house which she shall choose as long as she shall live and I order my son Philip to maintain her in an 81 Honourable Manner & find her a good horse and chair to go abroad with and if any difference should happen to arrise [sic] between my sd Wife & my son Phillip his heirs and assigns then I order my said Philip his heirs or assigns / in case of such difference about her living / to pay to my said wife the sum of two hundred pounds over & above what I have hereby given her which shall be in full Lieu of her thirds or Dower & she shall quit my house and estate & if she shall agree with my said son & live with him as I have above desired tht also shall be in lieu of her thirds or dower 3d I order all the valuable goods & plate which I had by my first Wife Hannah dec'd to be equally divided between my two daughters Hannah & Martha Pell"
Page No. Old Liber
share & share alike 4 I also give to my Daughter Hannah my Three negro children namely Kate Robin & Jean to her own use for ever I also give to my Daughter Hannah ) [sic] the sum of three hundred pounds to be paid to her after the following manner by my son philip [sic] his heirs or assigns (to wit) fifty pounds thereof to be paid to her at the day of her Marriage or at the time when she shall attain the age of twenty one years which may first happen & fifty pounds every year after untill [sic] the whole three hundred pounds be paid her I likewise order that my said Daughter Hannah shall at the day of her Marriage / if she shall marry / have the Liberty to choose out Six Milks [sic] Cows out of my son Philips [sic] stock I also give her half a Dozen Silver Spoons which I had made last winter 5th I also give unto my Daughter Martha my three Negro children named Moll Titus & Boss to her own use for ever I also give to my daughter Martha the sum of three hundred pounds to be paid to her after the following manner (by my said son Philip his heirs or assigns) to witt [sic] fifty pounds thereof at the day of her Marriage or at the time when she shall attain the age of twenty one years which shall first happen and fifty pounds every year after untill [sic] the whole three hundred pounds be paid to her I likewise order that my said daughter Martha shall at the day of her marriage (if she shall marry) have the liberty to choose out six Milk Cowes [sic] out of my son Philip's stock 6 and in case either of my said Daughters hannah [sic] or Martha should happen to die before Marriage or attaining the age of twenty one years then I order all her share or portion so dying to be given to the surviving Daughter her Ex rs Adm rs & assigns for ever 7 all the rest residue and remainder of my whole estate both Real and personal Goods and Chattels Lands and Tenements whatsoever and wheresoever I give devise and bequeath the same unto my only son Philip Pell & to his heirs Executors Admin rs & Assigns for ever subject nevertheless to the payment of the af d Legacies to my said two daughters and I do hereby require and charge him his heirs and assigns to pay the several Legacies to my said Daughters or Survivor at the times above specified & to let 'em choose each Six Cowes [sic] as is before directed and if my Son Philip his heirs or assigns shall neglect or refuse to pay the said Legacies of three hundred pounds to my said daughters as is before directed & refuse to let 'em choose out six Cowes [sic] as aforesaid then it shall & may be lawfull [sic] & I order & empower any one of my Executors to sell so much of my Lands as will be sufficient to pay the said Legacies & make good the damage for refusing the Cows to my said Daughters Lastly I nominate and appoint 82 my said Wife Phebe my said Son Philip pell Jun r and my Brother in Law William Mott Executors of this my last Will"
and Testament hereby making void all former Wills by me made declaring this only to be my last Will & Testament In testimony whereof I have hereunto set my hand and Seal this twenty first day of December in the year of our Lord one thousand seven hundred and fifty one.
Philip Pell (Ls)
Signed sealed Published and declared by the said Philip Pell as and for his last Will and Testament in the presence of us who sign our names as Witnesses thereof in his presence the words (last Winter) between the 2 last lines at the bottom of the first side of this sheet being interlined. Joseph Rodman Joseph Pell Jno. Bartow
Westchester County } Ls March 14th 1752 Be it Remembred [sic] that on the day and year above written personally appeared before Samuel Purdy being thereunto delegated and appointed Joseph Pell one of the subscribing Witnesses to the within Will of philip [sic] Pell and made oath on the Holy Evangelist of Almighty God and Joseph Rodman one other witness to said Will of philip pell [sic] and he being one of the people called Quakers on his solemn affirmation declared that they saw the said Philip Pell sign seal publish and Declare the same to be his last Will and Testament and that at the time thereof he was of sound and disposing mind and memory to the best of their knowledge and belief & severally subscribed their names as witnesses to the said Will in the Esc r Tesators presence.
Sam. ll Purdy
George Clinton Esq r Captain General and Governor in chief of the province of New York and Territories thereon depending in America Vice Admiral of the same and Admiral of the White Squadron of his Majestys [sic] Fleet To all to whom these presents shall come or may concern Greeting. Know Ye that at Westchester County on the fourteenth day of March last before Samuel Purdy Esq r being thereunto delegated and appointed the last Will and Testament of Philip Pell deceased (a Copy whereof is hereunto annexed) was proved and now approved and allowed by me the said deceased having whilst he lived and at the time of his death Goods Chattels and Credits within this province by means whereof the proving and Registering the said Will and the granting administration of all and singular the said Goods Chattels and Credits and also the auditing allowing and final discharging the accompt thereof doth belong unto me And that administration of all and singular the Goods Chattel and Credits of the said deceased and any way"
Page No. Old Liber
concerning his Will was granted unto Philip Pell Jun r and William Mott two of the Executors in the said Will 83 named being first sworn well and faithfully to administer the same and to make and exhibit a true and perfect Inventory of all and Singular the said Goods Chattels and Credits and also to render a just and true accompt thereof when thereunto lawfully requested. In Testimony whereof I have caused the prerogrative Seal of the province of New York to be hereunto affixed this twenty seventh day of May one thousand seven hundred and fifty two.
Jno Ranyar D Secry"
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