Public Auction of John Barton's Planted Oyster Bed in Pelham Bay in 1854

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It is common to assume that 19th century City Island oystermen planted the waters surrounding City Island, then part of the Town of Pelham, with oysters.  That was not, however, always the case.  Oysterman John Barton presents an excellent example.

John Barton was a resident of New York City in the early 1850s.  He had a wife, Elizabeth, and three children:  Elizabeth (born about 1850), Cynthia (born about 1852), and Clorinda (born about October, 1853).  Barton planted and maintained a large oyster bed containing about two thousand bushels of oysters on the northerly side of Pelham Bay about half a mile below Pelham Bridge.

Barton died in New York City without leaving a will on November 19, 1853, leaving behind his wife three daughters.  He died at about the time of the birth of his daughter, Clorinda.  It appears that his principal asset at the time of his death was his planted oyster bed in Pelham Bay in the Town of Pelham.  Barton was buried in Green-Wood Cemetery in Brooklyn.

On February 13, 1854, Elizabeth Barton formally renounced all rights to administer the estate of her deceased husband, John Barton.  On February 18, 1854, The Surrogate's Court, County of New York, appointed the Public Administrator, Peter B. Sweeny, to administer the estate of John Barton.

The Public Administrator seems to have moved with exceptional dispatch to dispose of Barton's estate valued at less than $500 (about $20,000 in today's dollars), presumably because his widow and three daughters had little in the way of assets with which to survive.  Only one week later, on February 25, 1854, an auction notice appeared in the New York Herald.  It provided as follows:

"AUCTION. -- PUBLIC ADMINISTRATOR'S SALE OF two thousand bushels of planted oysters, belonging to the estate of John Barton, deceased, as they lay, on the northerly side of Pelham Bay, one half mile below the bridge.  The above oysters will be sold at the public house of Mr. Wells, on City Island, on Tuesday, March 7, at 1 o'clock, P. M. Terms cash.

PETER B. SWEENY.

Public Administrator, 51 Chambers street, N. Y."

Source:  SALES AT AUCTION -- AUCTION -- PUBLIC ADMINISTRATOR'S SALE, N.Y. Herald, Feb. 25, 1854, p. 5, col. 5.

No record yet has been located indicating whether the auction was held at the "public house of Mr. Wells, on City Island" nor any results if it was held.  Yet, this brief little slice of Pelham history demonstrates that even in the early days of oystering in Pelham waters, not all oystermen were City Island residents.

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"SALES AT AUCTION.
-----
AUCTION. -- PUBLIC ADMINISTRATOR'S SALE OF two thousand bushels of planted oysters, belonging to the estate of John Barton, deceased, as they lay, on the northerly side of Pelham Bay, one half mile below the bridge.  The above oysters will be sold at the public house of Mr. Wells, on City Island, on Tuesday, March 7, at 1 o'clock, P. M. Terms cash.

PETER B. SWEENY.

Public Administrator, 51 Chambers street, N. Y."

Source:  SALES AT AUCTION -- AUCTION -- PUBLIC ADMINISTRATOR'S SALE, N.Y. Herald, Feb. 25, 1854, p. 5, col. 5.  

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Page 001 of Petition for Letters of Administration for

Estate of John Barton.  Source:  Petition for Letters

of Administration of John Barton in New York Surrogate's Court,

New York County, Box 0008-28986, Surname:  A-Z, 1854 (New York

County, New York) p. 1 of 3 (Note: Paid subscription required to access

via this link).  NOTE:  Click on Image to Enlarge.

"Surrogate's Court.
-----
In the Matter of the Administration of 
John Barton
Deceased.

Petition, &c.

[Signed] H. Henderson, Proctor."

Source:  Petition for Letters of Administration of John Barton in New York Surrogate's Court, New York County, Box 0008-28986, Surname:  A-Z, 1854 (New York County, New York) p. 1 of 3 (Note: Paid subscription required to access via this link).

Page 002 of Petition for Letters of Administration for Estate

of John Barton.  Petition for Letters of Administration of John Barton

in New York Surrogate's Court, New York County, Box 0008-28986,

Surname: A-Z, 1854 (New York County, New York) p. 2 of 3 (Note:

Paid subscription required to access via this link).

NOTE:  Click on Image to Enlarge.

"Surrogate's Court. -- County of New-York.
-----
In the Matter of the Administration of the Goods, Chattels and Credits of
John Barton, 
Deceased.
-----

To the Surrogate of the County of New-York.

The petition of Peter B. Sweeny the Public Administrator in the City of New York, 

RESPECTFULLY SHOWETH: -- upon information & belief as follows

That the petitioner is informed and believes, that John Barton late of the City of New York departed this life at the said City of New York on or about the nineteenth day of November 1853 without leaving any last will and testament, to the knowledge, information or belief of the petitioner; and that said deceased died possessed of certain personal property in the State of New-York, the value of which does not exceed the sum of about Five hundred Dollars -- dollars, as your petitioner has been informed and believes.  That the said deceased has left him surviving a widow Elizabeth Barton and three children ^ all minors ^ to wit Cynthia aged four years Elizabeth aged two years and Clorinda aged four months -- 

That said deceased was at, or immediately previous to his death a resident in the City and County of New York -- by means whereof the ordering and granting administration of all and singular the goods, chattels and credits whereof said deceased died possessed in said State, and also the auditing, allowing and final discharging the accounts thereof, belong unto the Surrogate of the said County.  [Following is struck through:  That your petitioner has caused the notice to be served and published as is required by law, and as approved by affidavits accompanying this petition.]

Your petitioner therefore prays that you will appoint him administrator of all and singular the goods, chattels and creidts which were of said John Barton deceased.

Peter B. Sweeny
Public Administrator in the City of New-York.

H. Henderson, PROCTOR.

STATE OF NEW-YORK          }
                                                }  ss.
City and County of New-York  }

On the 18th day of February A. D. 1854 before me came the above named Peter B. Sweeny and made oath that he has read the foregoing petition subscribed b] David y him, and knows the contents thereof, and that the same is true of his own knowledge, except as to those matters which are therein stated to be on his information or belief; and as to those matters, that he believes it to be true.

[Signed] David M. Sweeny
Comm'r [Illegible]"

Source: Petition for Letters of Administration of John Barton in New York Surrogate's Court, New York County, Box 0008-28986, Surname: A-Z, 1854 (New York County, New York) p. 2 of 3 (Note: Paid subscription required to access via this link).

Page 003 of Petition for Letters of Administration for Estate

of John Barton.  Source:  Petition for Letters of Administration of

John Barton in New York Surrogate's Court, New York County, Box

0008-28986, Surname: A-Z, 1854 (New York County, New York)

p. 3 of 3 (Note: Paid subscription required to access via this link).

NOTE:  Click on Image to Enlarge.

"Surrogate's Court
County of New York
In the Matter of the goods &c
John Barton dec'd

I Elizabeth Barton of the city of New York widow of John Barton late of the city of New York deceased do hereby renounce all right and claim to administration of the goods, chattels and credits of the said intestate -- 

Witness my hand New York aforesaid this 13th day of February A.D. 1854,

Signed in the
Presence of
Marcus B. Butter

[Signed] Elizabeth Barton

City and County of New York

Marcus B. Butter of said city being duly sworn doth depose and say that he is a resident of the [Following is struck through city and County] County of Richmond and State of New York that he knows Elizabeth Barton the person described in and who executed the foregoing renunciation that he saw her sign the same and that he subscribed his name as a witness thereto.

James M. Sweeny
Comm'r of [Illegible]"

Source:  Petition for Letters of Administration of John Barton in New York Surrogate's Court, New York County, Box 0008-28986, Surname: A-Z, 1854 (New York County, New York) p. 3 of 3 (Note: Paid subscription required to access via this link).

Letters of Administration Appointing New York City Public

Administrator Peter B. Sweeny as Administrator of Estate

of John Barton Who Died Intestate.  Source:   Letters of Administration

of John Barton in New York Surrogate's Court, New York County,

Letters of Administration (New York County, New York), 1743-1866;

Index, 1743-1910:  Letters, Vol. 58 (1853-1854), p. 309 (Note:  Paid

subscription required to access via this link).

NOTE:  Click on Image to Enlarge.

"TO THE PEOPLE OF THE STATE OF NEW-YORK

Peter B. Sweeny, the Public Administrator in the City of New-York.

SEND GREETING

Whereas, John Barton lately departed this life intestate, living aat or immediately previous to his heath an inhabitant of the County of New York, by means whereof the ordering and granting Administration of all and singular the goods, chattels, and credits, whereof the said intestate died possessed in the State of New York, and also the auditing, allowing and final discharging the account thereof, doth appertain unto us; and we being desirous that the goods, chattels and credits of the said intestate may be well and faithfully administered, applied and disposed of, do grant unto you, the said Peter B. Sweeny, Public Administrator aforesaid full power, by these presents, to administer and faithfully dispose of all and singular the said goods, chattels and credits:  to ask, demand, recover and receive the debts, which unto the said intestate whilst living, and at the time of his death did belong; the debts which the said intestate did owe, as far as such goods, chattels and credits will thereunto extend and the law require; hereby requiring you to make or cause to be made, a true and perfect Inventory of all and singular the goods, chattels and credits of the said intestate, within a reasonable time, and return a duplicate thereof to our Surrogate of the County of New York, within three months from the date of these presents; and if further personal property, or assets of any kind not mentioned in any Inventory that shall have been so made, shall come to your possession or knowledge, to make or cause to be made in like manner, a true and perfect inventory thereof, and return the same within two months after discovery thereof; and also to render a just and true account of administrqation when thereunto required; and we do by these presents depute, constitute and appoint you the said Peter B. Sweeny, Public Administrator aforesaid, administrator of all and singular the goods, chattels and credits of said John Barton, deceased,

In Testimony whereof, we have caused the Seal of Office of the Surrogate of said County to be hereunto affixed.  WITNESS, ALEXANDER BRADFORD, Surrogate of said County, at the City of New-York, the eighteenth day of February in the year of our Lord one thousand eight hundred and fifty four, and of our Independence the seventy eighth.

[Signed] A. B. Bradford,
Surrogate."

Source:  Letters of Administration of John Barton in New York Surrogate's Court, New York County, Letters of Administration (New York County, New York), 1743-1866; Index, 1743-1910:  Letters, Vol. 58 (1853-1854), p. 309 (Note:  Paid subscription required to access via this link).

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