Dispositive Evidence that John Pell Died After August 15, 1719, Well After His Reputed Death Date of 1702 or 1703

Archive of the Historic Pelham Web Site.
Home Page of the Historic Pelham Blog.
Order a Copy of "The Haunted History of Pelham, New York"
Order a Copy of "Thomas Pell and the Legend of the Pell Treaty Oak."

John Pell, often referred to by members of the Pell Family as the "Second Lord of the Manor of Pelham," was the nephew and principal legatee of Pelham founder Thomas Pell who left his nephew all of the lands that became the Manor of Pelham after his death in late September, 1669.  As I have noted before, there long has been confusion regarding the date of death of John Pell.  

Pell family members long have claimed that John Pell drowned in a boating accident during a storm on Long Island Sound in 1702 or 1703. See, e.g., Pell, Robert T., Pelliana: Pell of Pelham, p. 25 (Privately Printed, 1934).  As seems so often to be the case, the error can be traced back at least to the work of Robert Bolton, Jr. in his multi-edition and multi-volume history of Westchester County.  

For example, the 1881 edition of Bolton's work states "The Hon. John Pell is said to have been cast away and drowned in his pleasure boat which foundered in a gale off City Island, sometime in the fall of 1702.  He died intestate, leaving issue by his wife Rachel, two sons and two daughters."  Bolton, Jr., Robert, The History of the Several Towns, Manors, and Patents of the County of Westchester, From its First Settlement to the Present Time, Carefully Revised by Its Author, Vol. II, p. 60 (NY, NY:  Chas F. Roper, 1881) (edited by C. W. Bolton).  This statement by Bolton appears to be an update of an earlier, and similarly-erroneous assertion, contained in the 1848 edition of his work stating:  "The Hon. John Pell appears to have died intestate cir. 1700, leaving issue by his wife Rachel Pinckney, two sons and several daughters."  Bolton, Jr., Robert, A History of the County of Westchester, From Its First Settlement to the Present Time, Vol. I, p. 540 (NY, NY:  Alexander S. Gould, 1848).

Today's Historic Pelham Blog article presents dispositive primary source evidence that John Pell, known to members of the Pell Family as the "Second Lord of Pelham Manor" died nearly two decades later than 1702 or 1703, some time after August 15, 1719.  This article also sheds light on why no will for John Pell ever has been located.  There likely was not one because, before his death, John Pell sold all of the Manor of Pelham including all houses, outbuildings, appurtenances, etc. to his eldest son, Thomas Pell, leaving little but personal items for disposition upon his death. 

The two principal items of evidence that demonstrate that John Pell, so-called "Second Lord of the Manor of Pelham," lived well beyond 1702 or 1703 when he supposedly drowned are two deeds that indubitably reflect land transfers from him to his eldest son, Thomas Pell.  The two deeds reflect a continued adherence by the Pell family in America, at least at that time, to the notion of Primogeniture.  Generally speaking, Primogeniture is the custom of the paternally-acknowledged firstborn son to inherit or receive his parent's entire (or principal) estate.  

The first of the two deeds reflects a gift of property from "JOHN PELL, SENE. [i.e., Sr.] of ye Mannor of Pelham, in ye County of Westchester, and Pevince of New York peoprietor of ye same &c." to his "loveing Son Thomas Pell of ye same place in ye County and Pevince aforesd. Esqe." in a deed of gift registered in Westchester County Deebooks, Liber E, pp. 17-18 dated May 3, 1712 (Old Style, Julian Calendar).  This, of course, was nine or ten years after John Pell supposedly was drowned off City Island shores according to Pelham historians, Pell family members, and some genealogists.  The deed, transcribed in its entirety below with a citation and link to its source, is a fascinating document because references contained in it provide enough information to suggest a rough area encompassed, at least in part, by the deed of gift transferring lands to young Thomas Pell.

The deed describes the land conveyed to Thomas Pell as follows:

"one CERTAIN peice and parcell of land scituate lying & being inye Mannor aforesd. and is butted and bounded as is hereafter expressed yt. is to say BEGINNING from ye West corner on ye north side of ye way that goes down to ye salt to ye Plumb tree Hammock & Cove wch. way runs northwest & by west from ye salt water and from yt. west corner to run northwd. to ye going through by ye Lawroll swamp being at ye head of mill brook & from ye going through by Lawroll swamp to run a streight line to ye West Corner of ye south ye end of ye fresh meadow and so to run down by ye sd. Fresh meadw as ye meadow lyes southwd. untill it meets wth. a divisinall line of Me. Leyshers or ye Ffrench purchase and south the eastward to ye sd. Divisinall line ending att ye alt or place called Shole Harbour to a certain mark tree at highwater mark and from thence with all ye upland on ye west and southwest side of ye sd. Divisinall line till it meets with ye Fresh meadow together with a third part of ye Fresh meadow as also twenty five acres of salt meadow lyeing on ye west side of ye brook and yt. salt creek wch runs unto Eastchester and from ye corner tree cross ye way soward from ye west corner on ye north side of ye way extending to ye saltwater of ye plumb tree Hammock and cove being ye no. end of ye land to run to ye salt creek lying before me now dwelling house of ye said Thomas Pell wch. creek is ye south bounds on ye east all wch. tract of land sowd. from ye highway leading to yeye salt water is bounded as followeth, on ye north by ye cross way going to ye salt at plumb tree cove bounded on ye south by ye salt cove near ye south and of ye great hammock on ye east by ye salt water over against pelican Island and ye Bay and by plumb tree Hammock bounded on ye west by a line at highwater mark distant from ye salt water thirty two rodd westwd. beginning at ye west corner of ye sd. line from thence running southwest till meet with ye salt meadow near ye south end of ye Great Hammock wch. line at thirty two rodd distant from highwater east is ye east line of Thomas Pell land wch. extendsin breadth west to a line beginning at a salt creek where is ffence stands being south before ye sd. Thomas Pells house and runs northward in a direct line till it meets with ye west end of ye first cross line from ye salt to plumb tree cove together with all ye ground and wch ye house cellar and garden cow yard all being to ye westward of his sd. line."

Among the numerous significant references in the deed are included the following, among others:  (1) the "divisinall line of Me. Leyshers or ye Ffrench purchase" which is a reference to the New Rochelle border with Pelham that was the dividing (i.e., divisional) line between Jacob Leisler's (i.e., (Leyshers") purchase on behalf of French Huguenots (i.e., "Ffrench purchase") on September 20, 1689; (2) "Plumb tree Hammock & Cove," "plumb tree Hammock and cove," and "plumb tree cove" and (3) "Shole Harbour."  These references and the remainder of the description of the land conveyed suggest that John Pell gifted to his son via the deed of gift a large tract that, very generally speaking, covered the northern section of the Manor of Pelham from Long Island Sound to Eastchester, limited by the border with Rochelle, and beginning from the east in an area southwest of the then-border with New Rochelle (a little different than today's) in an area encompassed by Shore Park (built atop what once was known as "Shoal Harbor" and the small cove in today's Pelham Bay Park where water floods across Shore Road in heavy rains just south of the Pelham Manor Border.  That cove once was known as "Plum Cove" and the higher area around it including the area where the Hunter Island Inn once stood as "Plum Tree Hummock" and "Plum Tree Hammock."  The description of the lands conveyed also indicates that at the time of conveyance young Thomas Pell already had a "house cellar and garden cow yard" within the boundaries of the conveyance.

The second deed was executed seven years later on July 15, 1719 (although John Pell personally appeared before a local justice of the peace one month later on August 15, 1719 to acknowledge the deed).  Thus, John Pell clearly died not in 1702 or 1703 but on some as yet unknown date on or after August 15, 1719.  

The 1719 deed was registered Westchester County Deebooks, Liber E, pp. 210-11 dated July 15, 1719 and attested August 15, 1719 (Old Style, Julian Calendar).  It reflects a sale from, once again, from "JOHN PELL, Senr., Esqr.. of ye Mannor of Pelham in the County of Westchester & Province of New York" to his "beloved sone THOMAS PELL of ye same place, Esqr."  Interestingly, in this deed, John Pell conveyed all his remaining property in the Manor of Pelham to his son, Thomas, thereby likely obviating the need for a will to do the same and, thus, suggesting an explanation for why no will ever has been located by researchers for John Pell, so-called "Second Lord of the Manor of Pelham."

Specifically, the land conveyed in this 1719 deed is described as follows:

"ALL yt my lands and meadows belonging or in any way appertaining or by any right & priviledge belonging to ye said Mannor as aforesd.  TOGATHER with all houses, out houses, orchards, gardens, fence and fences, runns & revioletts, streams, rivers, & all emouluments and buildings thereunto belonging or in anywise appertaining &c.."

In short, these two early 18th century deeds indicate that John Pell (who is often labeled by Pell Family members as "Second Lord of the Manor of Pelham) lived for years after 1702 or 1703 when, according to Pell Family tradition, he died in a boating accident.  They establish, dispositively, that John Pell could not have died before August 15, 1719.

Moreover, as one might suspect, other evidence supports this evidence that John Pell lived beyond 1702.  For example, it turns out that the early 18th Century "Records of the Combined Parish of Westchester (Bronx), Eastchester, New Rochelle, Yonkers, Pelham, and Morris Anna 1702 - 1720 contain some evidence that Justice John Pell of the Manor of Pelham was alive and well after the time he reputedly died according to Pell Family tradition.  

In March 1975, the Eastchester Historical Society released the records of this combined parish in the form of a typed manuscript.  According to a foreword:  "These records were copied by the Eastchester Historical Society from a typed copy in the Library of the Westchester County Historical Society, which record is marked 'Records of St. Peter's Church, Westchester.'"  According to an Editor's Note in the same material:

"This combined parish was one of the earliest in New York State.  It was established in the 1690's and continued in various combinations of towns and churches up to incorporation of churches in 1797.  In the early days it was a necessity as none of these early churches were wealthy enough to pay for a minister by themselves.  In the early 1700's the minister resided in the old Town of Westchester and journeyed at stated periods to preach in his other churches."

For an extensive history of the combined parish, the early records of which are reflected in the transcript of the Eastchester Historical Society released in March, 1975, see:  Bolton, Robert, History of the Protestant Episcopal Church, in the County of Westchester from its Foundation, A. D. 1693, to A. D. 1853 (NY, NY:  Stanford & Swords, 1855).  

The earliest record of the combined parish transcribed by the Eastchester Historical Society is dated January 12, 1702 (Old Style Julian Calendar).  Interestingly for present purposes, the transcribed records contain records referencing Justice John Pell of the Manor of Pelham.  Today's Historic Pelham Blog article will discuss such entries relating to John Pell.  Care should be taken to consider the context of such records because genealogists and Pell family members widely believe that John and Rachel Pell had a son they named "John" after his father. 

In the earliest record of the combined parish, among the parishioners who was present during a meeting of the parish that day to elect Vestrymen and Church Wardens was "Mr. Justice Pell."  Among the Vestrymen elected was a son of Justice John Pell named Thomas Pell (named after John Pell's uncle who left him the lands that became Pelham).  Records of the Combined Parish of Westchester (Bronx), Eastchester, New Rochelle, Yonkers, Pelham, and Morris Anna 1702 - 1720, p. 2 (Eastchester, NY:  Eastchester Historical Society, Mar. 1975) (typewritten mss; hereinafter "Records of Combined Parish").

"Justice Pell" is shown four months later as present "Att a meeting held by the Vestry etc on the 20th of May 1703 [Old Style]."  Interestingly, the meeting was held that day "by reason of the County Courts held this day" which John Pell, as a local Justice, attended.  Records of Combined Parish, p. 3.  Mr. Justice Pell attended attended another such meeting of "Justices & Vestrymen of Westchester, Eastchester Yonkers & the Mannor of Pelham" on June 5, 1703.  Id.  At the meeting there was a decision to raise 55 pounds "for the Ministers Mainainance & poor of the parish" with Pelham, which had virtually no residents, responsible for raising 1 pound and 13 shillings.  Id. at pp. 2-3. John Pell also is shown as present "Att a meeting of ye Justices & Vestry & Churchwardens" on May 15, 1704.  Id. at p. 10.  

The May 15, 1704 reference to John Pell appears to be the last such reference to him within the records of the combined parish.  Thereafter there appear numerous references to his son, Thomas Pell, who served as a Vestryman.  Additionally, a record dated January 31, "1710/11" (Old Style) references Thomas Pell for the first time as "Justice Thom Pell."  Id. at p. 32.  There is a later record of a meeting the the "Justices Vestry & Inhabitants of ye Parrish of West Chester" held on January 13, 1718 (Old Style) showing not only that Justice "Thomas Pell" was present but also a Vestryman named "John Pell Minor" was present.  This clearly is a reference to the son of that Justice Thomas Pell who was named John Pell after his grandfather.  Id. at p. 47.  See also id. at pp. 48, 49, 51.

The May 15, 1704 reference to John Pell must be added to the evidence of which we currently are aware demonstrating that John Pell did not die in a Long Island Sound boating accident in 1702 or 1703.  Such evidence, previously denoted, includes two pertinent abstracts of Westchester County deeds reflecting conveyances of property by John Pell, Sr. in the Manor of Pelham long after 1702-03.  The abstracts are quoted below, each followed by a citation to its source. 

"P. 17: John Pell, Senr., of the Manor of Pelham, Proprietor of ye same, to son Thomas Pell, land in ye Manor aforesaid, May 3, 1712." 

Source:  Bristol, Theresa Hall, ed., "Westchester County, N.Y., Miscellanea" in The New York Genealogical and Biographical Record, Vol. LII, p. 74 (NY, NY: The New York Genealogical and Biographical Society 1921) (citing p. 17, Liber E, Land Records, Westchester Co., N.Y.). 

"P. 210: John Pell, Senr., Esq., of Peham Manor, to son Thomas Pell; 1719." 

Source:  Id., p. 78 (citing p. 210, Liber E, Land Records, Westchester Co., N.Y.).

*          *          *          *          *

I have written about these issues on previous occasions.  See:

Mon., Oct. 12, 2009:  More Evidence that John Pell Died Well After 1702 or 1703 When Some Say He Died in a Boating Accident on Long Island Sound. 

Wed., November 7, 2007:  A Secondary Source To Follow Up On Regarding When John Pell, Nephew of Thomas Pell, Died. 

*          *          *          *          *

Portrait of John Pell, So-Called "Second Lord" of the Manor

of Pelham Who Was a Nephew and the Principal Legatee of

Thomas Pell, the Founder of the Manor of Pelham.  NOTE: Click

on Image to Enlarge.

*          *          *          *          *

Transcribed below in full are the full land conveyance records abstracted immediately above, followed by citations and links to their sources.

"TO ALL CHRISTIAN PEOPLE TO WHOM THIS PRESENT DEED OF GIFT SHALL COME I, JOHN PELL, SENE. of ye Mannor of Pelham, in ye County of Westchester, and Pevince of New York peoprietor of ye same &c., SEND GREETING know yee yt. I, ye sd. John Pell, Sene., as abovesd. ffor and in consideration of ye love good will and affection wch. I have and do bear towardes my loveing Son Thomas Pell of ye same place in ye County and Pevince aforesd. Esqe., have given, granted & by these presents do do fully freely clearly and absolutely give grant, assure and confirm to my beloved son Thos. Pell his heirs, and assigns forever all yt.   TO HAVE AND TO HOLD ye before granted within premises wth. all ye right title interestone CERTAIN peice and parcell of land scituate lying & being inye Mannor aforesd. and is butted and bounded as is hereafter expressed yt. is to say BEGINNING from ye West corner on ye north side of ye way that goes down to ye salt to ye Plumb tree Hammock & Cove wch. way runs northwest & by west from ye salt water and from yt. west corner to run northwd. to ye going through by ye Lawroll swamp being at ye head of mill brook & from ye going through by Lawroll swamp to run a streight line to ye West Corner of ye south ye end of ye fresh meadow and so to run down by ye sd. Fresh meadw as ye meadow lyes southwd. untill it meets wth. a divisinall line of Me. Leyshers or ye Ffrench purchase and south the eastward to ye sd. Divisinall line ending att ye alt or place called Shole Harbour to a certain mark tree at highwater mark and from thence with all ye upland on ye west and southwest side of ye sd. Divisinall line till it meets with ye Fresh meadow together with a third part of ye Fresh meadow as also twenty five acres of salt meadow lyeing on ye west side of ye brook and yt. salt creek wch runs unto Eastchester and from ye corner tree cross ye way soward from ye west corner on ye north side of ye way extending to ye saltwater of ye plumb tree Hammock and cove being ye no. end of ye land to run to ye salt creek lying before me now dwelling house of ye said Thomas Pell wch. creek is ye south bounds on ye east all wch. tract of land sowd. from ye highway leading to yeye salt water is bounded as followeth, on ye north by ye cross way going to ye salt at plumb tree cove bounded on ye south by ye salt cove near ye south and of ye great hammock on ye east by ye salt water over against pelican Island and ye Bay and by plumb tree Hammock bounded on ye west by a line at highwater mark distant from ye salt water thirty two rodd westwd. beginning at ye west corner of ye sd. line from thence running southwest till meet with ye salt meadow near ye south end of ye Great Hammock wch. line at thirty two rodd distant from highwater east is ye east line of Thomas Pell land wch. extendsin breadth west to a line beginning at a salt creek where is ffence stands being south before ye sd. Thomas Pells house and runs northward in a direct line till it meets with ye west end of ye first cross line from ye salt to plumb tree cove together with all ye ground and wch ye house cellar and garden cow yard all being to ye westward of his sd. line. claim and demand wtsoever wch. I now have or wch. any or either of my heirs, executors admtrs. or assigns may moreafter have of to or in ye sd. granted promises or any part thereof, to him ye sd. Thos. Pell his heirs and assigns to ye only proper to have hold use occupy possess and enjoy ye sd. granted pemisses unto him ye sd. Thos. Pell his heirs, and assigns without any hinderance or molestation wtsoever from by or under mee or any peson or pesons yt shall or may hereafter at any time or times claiming any right title interest or demand of or into ye sd. granted pemisses absoutely wthout any manner of condition as I ye sd. John Pell Sene. proprietor as further testimony provided always yt. this sd. grant shall and may be lawfull at all times upon ye aforesd. land or any part thereof, any place upon ye water side to erect build any vessell or vessels and to take what ship timber if so found upon ye land requiset upon ye land and to have free ingress and regress way and passage for any carriage or carriages for bringing ye sd. timber to ye water side at all times and seasons any thing to ye contrarywise notwithstanding ye way to ye Plumb tree Hammock to swim over cattle or horses not be impeated or hindred as also yt. my son Thomas Pell if he shall see cause to ffence up to ye upper way including to ye waterside then ye sd. Thomas Pell, shall make one or more spur gates as occassion shall require for free passage for man and horses.  IN WITNESS WHEREOF I ye sd. John Pell ye Eleaventh year of Soveraign Lady Ann by ye grace of God of Great Brittain Ffrance & Ireland, Queen Defender of ye Faith & in ye year of our Lord one thousand seaven hundred & twelve.

JOHN PELL (L. S. )

Signed, sealed & delived. in pesence of us -- 

Memorandm. before ye ensealing and delivery hereof ye words (of gift) was interlind.

Thomas Pinkney
Edward Ffitzgerrard.

May ye 3d, 1712, Then appeared before mee John Pell, Sene., Proprietor as wthinsd. deed.

Its. Testate. Thos. Pinkney, Justice of Peace, Compt. Westcheste.

This is a true copy of ye originall entred & compared by mee.

Danll. Clark, Clk."

Source:  County of Westchester New York Deedbook E 1712 - 1724, pp. 17-18 (available via FamilySearch.org via New York Land Records, 1630-1975:  Westchester - Deeds 1708 - 1730 Vol. D-F) (free account required to access via this link).  

"TO ALL CHRISTIAN PEOPLE TO WHOM THIS PRESENT DEED OF SALE SHALL COME, GREETING.  KNOW YE. yt. I, JOHN PELL, Senr., Esqr.. of ye Mannor of Pelham in the County of Westchester & Province of New York & for A VALUABLE CONSIDERATION & COMPETENT SUM OF MONEY already in hand paid by my beloved sone THOMAS PELL of ye same place, Esqr.  NOW att the ensealing and delivery of these presents the receipt whereof I do hereby acknowledge & myself therewith fully satisfied and entirely contented and paid and thereof and therefrom and from every part & parcell thereof do forever ququitt, exonerate, release and discharge the said Thomas Pell his heirs, executors administrators and assignes forever by these presents have given, granted, bargained, sold, enfeofed, released, and confirmed and by these presents do fully, clearly & absolutely give, grant, bargain, sell, enfeofe, release and confirm unto him the said Thomas Pell his heirs and assignes forever, ALL yt my lands and meadows belonging or in any way appertaining or by any right & priviledge belonging to ye said Mannor as aforesd.  TOGATHER with all houses, out houses, orchards, gardens, fence and fences, runns & revioletts, streams, rivers, & all emouluments and buildings thereunto belonging or in anywise appertaining &c.. TO HAVE AND TO HOLD he aforesd., granted & bargained lands, and meadows with the appurtenances thereunto belonging or in any appertaining unto him ye sd.. Thomas Pell his heirs and assignes forever.  To the only proper use, benefitt and behoofe of him ye sd.. Thomas Pell his heirs & assignes.  AND it shall & may be lawfull for him ye sd.. Thomas Pell his heirs & assignes from henceforth and forever to have, hold use, occupy and peaceably and quietly to possess and enjoy ye before granted and bargained lands and meadows with ye appurtenances free & clear, freely and clearly acquitted and discharged of an from all & all manner of former and other gifts, grants, bargaines, sales, mortgages, debts, dues and incumbrances wtsoever.  AND I the said John Pell Senr., Esqr., as aforesd., for myselfe, my heirs, exrs., and administrators and for every of them ye before recited, granted & bargained lands and meadows & appurtenances unto him ye sd., Thomas Pell his heirs and assignes shall and will by these presents forever warrant and defend and against all & all manner of person or persons lawfully claiming any right title, intrest or demand whatsoever of or into ye before granted & bargained premises or any part or parcel thereof.  IN WITNESS WHEREOF I the said John Pell Senr., Esqr., as aforesaid have hereunto put to my hand and seal this fifteenth day of July in ye fifth year of his Majesties Reign Annoge Dom. 1719.

JOHN PELL, Senior. (L. S.)

Signed, sealed & delivered in the presence of us,

Thomas Williams
Richard

THEN appeared before me the person of John Pell Senr., Esqr., this fifteenth day of August Annoge Dom. 1719 and did acknowledge this written instrument to be his voluntary act & deed.

Its Testate. THO. PINKNEY, Justice of Peace. Comt. Westchester.  

This is a true coppy of ye originall entred and compared 

pr me.  DANLL. CLARK. Cl."

Source:  County of Westchester New York Deedbook E 1712 - 1724, pp. 210-11 (available via FamilySearch.org via New York Land Records, 1630-1975: Westchester - Deeds 1708 - 1730 Vol. D-F) (free account required to access via this link).

Archive of the Historic Pelham Web Site.
Home Page of the Historic Pelham Blog.
Order a Copy of "The Haunted History of Pelham, New York"
Order a Copy of "Thomas Pell and the Legend of the Pell Treaty Oak."