1856 Notice Regarding Sale of James Hay's Lands in Pelham and Eastchester

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There is a lovely historic home located at 45 Iden Avenue in the Village of Pelham Manor.  It is known as "Pelhamdale."  Portions of the home including the rear basement with entrance and massive fireplace are believed to pre-date the Revolutionary War.  The home once was owned by American Patriot David Jones Pell.  The structure is listed on the National Register of Historic Places. The home has been significantly altered since the eighteenth century.

The home, known also as the Old Pell Place and the Old Pell Home is located today on a triangular tract bounded by Carol Place, Iden Avenue, and the Hutchinson River Parkway.  The plot on which the home sits was part of a large 18th and 19th century farm that once was bounded by today's Colonial Avenue (the Old Boston Post Road), the Lane that became known as Wolf's Lane, today's Boston Post Road, and the Hutchinson River.  

Col. Philip Pell III (1753-1811) owned an adjacent farm, the farmhouse of which once stood at the intersection of today's Cliff and Colonial Avenues.  Col. Pell was a son of Philip Pell II who, in turn, was son of Philip Pell who was a son of Thomas Pell (so-called Third Lord of the Manor of Pellham).  The original farm cottage that forms a portion of today's "Pelhamdale" at 45 Iden Avenue was built by Philip Pell II around 1750-60.

Philip Pell II was the father of Col. Philip Pell III (often referenced, oddly, as Philip Pell, Jr.) and David Jones Pell.  Both the sons were American Patriots.  After the death of the elder Pell, his son David Jones Pell became owner of "Pelhamdale."  David Jones Pell's brother, Philip Pell III, built his adjacent farm and farmhouse.  That farm included the land on which today's Pelham Memorial High School stands.  A memorial marker and date stone of the home built by Col. Philip Pell III stand next to the front entrance of the high school.

After the death of David Jones Pell in 1823, Pell's widow sold the farm to James Hay who owned it until his own death in the 1850s.  Hay extensively expanded and renovated the home, giving it an appearance similar to the home's appearance today.  Apparently during the expansion of the home, James Hay embedded in the north wall of the home a large block of sandstone on which is carved in relief the Hay family coat-of-arms.

James Hay assembled extensive plots of land in the Towns of Pelham and Eastchester.  He died intestate (without a will) before disposing of those properties.  After his death, Hay's wife was appointed an Administratrix of his estate (together with a group of Administrators).  Mrs. Hay and the Administrators worked for years to try to sell all of the land Hay owned, holding multiple estate auctions between 1856 and at least 1860.

Today's Historic Pelham article transcribes notice of one such public auction published on August 1, 1856.  The notice indicated that on September 3, 1856, the estate would attempt to auction six parcels of land in Pelham and Eastchester including much of the Pelhamdale farm.  The notice, transcribed below, provides interesting insight into the holdings of James Hay, a wealthy 19th century Pelhamite. 

View of Pelhamdale from Iden Avenue on September 3, 2014.

Source: "Pelhamdale" in Wikipedia -- The Free Encyclopedia (visited

May 7, 2016). NOTE: Click on Image to Enlarge.

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"WESTCHESTER COUNTY SURROGATE COURT. -- In the matter of the application of the Administrators, &c., of JAMES HAY, deceased, for authority to sell the real estate of intestate, &c.

Notice is hereby given, pursuant to an order of the Surrogate of Westchester County, made in the above matter on the 10th day of September, 1855, that the undersigned, the Administratrix and Administrators of James Hay, late of the town of Pelham, said in county, deceased, intestate, will sell at public vendue, on the premises, in the towns of Pelham and East Chester, is said County of Westchester, on the third day of September next, at 12 o'clock at noon of that day, the following pieces or parcels of land, situate in the said county of Westchester:

PARCEL 1 -- All that certain piece or parcel of land situate in the town of East Chester, country of Westchester, and State of New York, bounded as follows:  Beginning at a corner of a stone wall now or late of Stephen Jones, thence running northerly with the line of the land of said Jones to the centre of a ditch adjoining the salt meadow now of James Hay, formerly of one Stephen S. Pell; thence easterly with said ditch to East Chester Creek, (so called); thence with said creek to the salt meadow land now (or late) of Isaac Sherwood; thence westerly with said meadow land of said Sherwood to the place of beginning -- containing two acres, be the same more or less -- being one of the pieces or parcels of land which were conveyed by John W. Fowt, of East Chester, and Susan C. his wife, to Alfred H. Duncombe, by deed dated the 20th day of March, 1846, recorded in Westchester County Clerk's Office, in Liber 115 of Deeds, page 214, &c.

PARCEL 2 -- All that certain piece or parcel of salt meadow land situate lying and being in the town of East Chester, in said county of Westchester, bounded northerly by salt meadow land late of Gloriansen Franklin (now of Alfred H. Duncombe); easterly by East Chester Creek; southerly by land of heirs of Philip Pell, deceased; and westerly by land of heirs of widow Roberts -- containing five acres, three roods, and eight perches, be the same more or less -- being the same premises conveyed to the said James Hay, deceased, by Isaac Sherwood and Harriet his wife, by deed bearing date 7th of May, 1850.

PARCEL 3 -- All those certain six lots of land in the town of Pelham, said county of Westchester, known as lots Nos. 8, 156, 170, 212, 286, and 381, on a map entitled 'Map of Pelhamville, Westchester County, New York,' dated August 4th, 1851, surveyed by William Bryson, and filed in Westchester County Clerk's Office, bounded and containing, according to said map as follows:  North lot number 8 -- bounded north by lot No. 91, seventy-five feet; south-east by land of said James Hay, one hundred and fifteen feet; south by lot No. 74, twenty-five feet; and west by lot No. 75, one hundred feet.  Middle lot No. 8 -- Bounded north by lot No. 52, about ninety feet; south-east by land of said James Hay, one hundred and twenty feet; south by lot No. 33, twenty-two feet; west by lot No. 34, one hundred feet.  South lot No. 8 -- Bounded north by lot No. 33, sixty-five feet; south-east by land of said James Hay, one hundred and twenty feet; and west by Fifth avenue, about one hundred feet.  Lot No. 156 -- Bounded north by Fourth street; east by First avenue, three hundred feet; south by lot marked L; and west by Hutchinson's River.  Lot No. 170 -- Bounded north by lot No. 172, one hundred feet; east by Eight avenue, one hundred feet; south by lot No. 142, one hundred feet; and west by lot No. 169, one hundred feet.  Lot No. 212 -- Bounded north by lot No. 234, one hundred feet; east by lot No. 213, one hundred feet; south by lot No. 208, one hundred feet; and west by Third avenue, one hundred feet.  Lot No. 286 -- Bounded north by lot No. 293, one hundred feet; east by Second avenue, one hundred feet; south by lot No. 264, one hundred feet; and west by lot No. 267, one hundred feet.  And lot No. 331 -- Bounded on the North by lot No. 384, one hundred feet; on the est by lot 380, one hundred feet; on the south by lot No. 364, one hundred feet; and on the wet in front by River place, one hundred feet.

PARCEL 4 -- All that certain piece, parcel, or tract of land situate lying an being in the township of Pelham, in the said county of Westchester, being part of the farm late of David J. Pell, deceased, bounded and described as follows, to wit:  Beginning at a stone set at the end of the salt meadow adjoining the easterly side of the East Chester Creek on said farm late of David J. Pell, deceased, marked X; from thence running in a line easterly, as said fence now stands, until it comes to the westerly side of the road ledaing through the farm last mentioned from the Old Boston Post Road to the New Turnpike Road leading to Boston; from thence running northerly five feet, or thereabouts to a stone set in the ground against a stone fence marked X; from thence running in line easterly to the line fence between the said farm of David J. Pell, deceased, and the farm late of Philip Pell, deceased, at a stone set in the ground, marked X; from thence running in a line northerly along the fence last mentioned till it comes to the Old Boston Post Road, above mentioned, to a stone set in the ground marked X; from thence westerly by and with the said road till it comes to the bridge commonly called Pell's Bridge; from thence southerly by and with Hutchinson's River, or East Chester Creek, to the place of beginning -- containing ninety acres, be the same more or less.  Also, all that other piece, parcel or tract of land, or salt medow, lying and being in the town of East Chester, in the said county, bounded as follows:  On the North by the Old Boston Post Road; westerly by the land of Jesse Lyon; south by the land of widow Franklin, deceased; east by East Chester Creek -- containing about seven acres, be the same more or less.

PARCEL 5 -- All that certain dwelling house and lot of land situate in the town of East Chester, in said county of Westchester, known and described as follows, to wit:  Bounded on the west and north by the Old Boston Post Road, leading from East Chester aforesaid to New Rochelle; easterly by a salt meadow belonging to James Hay; southerly by land of Stephen Jones; and containing in the above bounds about six and a half acres, be the same more or less -- being the same premises conveyed to the said James Hay, deceased, by George Faile, Administrator, &c., of Abraham Simmonds, deceased, by deed bearing date the 19th day of January, 1836.

PARCEL 6 -- All the right, title, and interest which the said intestate, at the time of his decease, had in and to the following premises, viz:  All that certain piece, parcel, tract, or farm of land situate in the town of Pelham aforesaid, and bounded northerly by the Old Boston Post Road; westerly by land of Francis Secor and the said James Hay; southerly by the East Chester turnpike road; and easterly by land of Henry Grenzebeck [sic] -- containing about one hundred and fourteen acres of land -- subject to the privilege heretofore conveyed to Daniel Sherwood, of taking from the spring of water on the above described premises, (opposite the dwelling house,) for the necessary use of the said Daniel Sherwood, so far as the said privilege is conveyed to the said Sherwood, in a certain deed to him from Robert S. Hart, Master in Chancery -- being the same premises conveyed to the said James Hay, deceased, by Mary Pell, by deed bearing date the 9th day of January, 1846. -- Dated July 16, 1856.

REBECCA HAY, Administratrix,
WILLIAM S. POPHAM,              }
SAMUEL T. CAREY,                  }     Administrators of James Hay, deceased.
SAMUEL E. LYON,                    }

ROBERT COCHRAN, Proctor for Petitioners.     10w7"

Source:  WESTCHESTER COUNTY SURROGATE COURT. -- In the matter of the application of the Administrators, &c., of JAMES HAY, deceased, for authority to sell the real estate of intestate, &c. [Legal Notice], Eastern State Journal [White Plains, NY], Aug. 1, 1856, Vol. XII, No. 12, p. 4, col. 6.

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I have written about James Hay and his lovely historic home known as "Pelhamdale" (and "Pelham Dale") on numerous occasions.  For a few of many examples, see:

Wed., Nov. 30, 2016:  Article on the History of Pelhamdale Published in 1925 After Tragic Fire.

Thu., Nov. 03, 2016:  1860 Auction Offering Pelhamdale Lots from the Estate of James Hay.

Thu., Oct. 20, 2016:  Fears in 1934 and 1935 that the Historic Home Known as Pelhamdale Would Be Razed.

Fri, May 13, 2016 1851:  Advertisement Offering Farm and Mansion Known as Pelhamdale for Lease.

Fri., Sep. 04, 2015:  Sale of the Pre-Revolutionary War Home Known as Pelhamdale in 1948.

Tue., Jun. 24, 2014:  Story of Pelhamdale, the Old Stone House by the Bridge, Once Owned by David J. Pell.

Thu., Jan. 03, 2008:  Charges in 1808 Against Lieutenant-Colonel David J. Pell of Pelham that He "Indulges in Inebriety and Habitual Drunkeness." 

Thu., Oct. 26, 2006:  Genealogical Data Regarding David Jones Pell of the Manor of Pelham, Revolutionary War Officer. 

Mon., Oct 15, 2007:  Town Proclamation Recognizes Celebration of the 250th Anniversary of Pelhamdale at 45 Iden Avenue. 

Wed., Nov. 02, 2005:  Engraving by P.M. Pirnie Showing Pelhamdale in 1861. 

Thu., Oct. 13, 2005:  Two More Pelham Ghost Stories. 

Mon., Sep. 19, 2005:  The Long-Hidden Pastoral Mural Uncovered in Pelhamdale, a Pre-Revolutionary War Home. 

Mon., Apr. 11, 2005:  More From the William R. Montgomery Glass Negative Collection (includes photograph of fire at Pelhamdale on February 28, 1925). 

Tue., Mar. 22, 2005:  The 1790 U.S. Census Information for the Township of Pelham.

Archive of the Historic Pelham Web Site.
Home Page of the Historic Pelham Blog
Order a Copy of "Thomas Pell and the Legend of the Pell Treaty Oak."