Historic Pelham

Presenting the rich history of Pelham, NY in Westchester County: current historical research, descriptions of how to research Pelham history online and genealogy discussions of Pelham families.

Wednesday, December 16, 2015

The Will of Joshua Pell Sr. of the Manor of Pelham Dated March 1, 1758


In 1758, Joshua Pell, Sr. of the Manor of pelham prepared a will that covered holdings including a large tract within the Manor of Pelham. Included in that will were the dispositions he intended to be made of a number of slaves.  As I have indicated before, for several years I have tried to piece together some of the tragic history regarding slavery in the early years of Pelham's history.  Indeed, on June 8, 2007 I presented an academic paper on the topic to the 28th Annual Conference on New York State History.  The paper was entitled "Slavery in the Manor of Pelham and the Town of Pelham During the Eighteenth and Early Nineteenth Centuries."  Immediately below is a bibliographic list of prior writings I have prepared on the topic including the 2008 conference paper.  

Bell, Blake A., Slavery in the Manor of Pelham and the Town of Pelham During the Eighteenth and Early Nineteenth Centuries (paper prepared for and presented to the 28th Annual Conference on New York State History on June 8, 2007).  

Wednesday, April 12, 2006: 1712 Census of Westchester County Documents Slave Ownership in Pelham

Monday, April 3, 2006: 1805 Will of William Bayley of Pelham Included Disposition of Slaves

Friday, February 17, 2006: Runaway Slave Notice Published by John Pell in 1748 Comes to Light

Wed., Jul. 19, 2006:  Pelham Manor Runaway Slave Notice in June 30, 1777 Issue of The New-York Gazette; And The Weekly Mercury.

Monday, July 18, 2005: Pelham Manor Runaway Slave Notice in August 29, 1789 Issue of The New-York Packet

Bell, Blake A., Records of Slavery and Slave Manumissions in 18th and 19th Century Pelham, The Pelham Weekly, Vol. XIII, No. 27, Jul. 9, 2004.

Today's Historic Pelham Blog Posting provides the text and digital images of the pages of the record of the complete will of Joshua Pell created in 1758 and proved August 14, 1781.  (I previously have written about a published abstract of this will.)  

Among the many bequests made in his will, Joshua Pell Sr. purported to bequeath to a number of his legatees several of the slaves he owned.  The bequests provide some record of those held in slavery in the Manor of Pelham at the time.  In his will Joshua Pell Sr. bequeaths to three of his children three slaves named Michael, Clarabella, and Hagar.  The pertinent language of these specific bequests are quoted immediately below:  

"I give and bequeath unto my Son Gilbert Pell one Negro Boy Slave named Michael to be Delivered unto him at the Expiration of his apprenticeship which he is now serving with Joseph Latham at New York"

"I give and bequeath unto my Daughter Phebe Pell the sum of One hundred pounds Lawful money of New York and one Negro girl Slave named Clarabella to be paid and Delivered to her at the day of her Lawful marriage"

"I giive and bequeath unto my Daughter Jerusha Pell the sum of One hundred Pounds Lawful Money of New York and one Negro girl Slave named Hagar to be paid hereafter specified"

*          *          *          *         *

Today's posting to the Historic Pelham Blog sets forth digital images of each of the four pages of the record of Joshua Pell Sr.'s will.  Each is followed by a citation and link to its source, as well as a transcription of the handwritten text.



First Page of Record of the Will of Joshua Pell, Sr.,
Dated March 1, 1758 and Proved August 14, 1781.
Source:  New York Wills and Probate Records,
1659-1999, Ancestry.com (Original Data:  New
pp. 270-73) (NOTE:  Paid subscription required
to access link).  NOTE:  Click on Image to Enlarge.

"[Page 270]

270

IN THE NAME OF GOD, AMEN.  The first day of March in the thirty first year of his Majestys Reign and in the year of our Lord Christ one thousand seven hundred and fifty Eight -- I Joshua Pell senior of the Manor of Pelham in the County of Westchester and Province of New York yeoman being sick and weak in Body but of sound and perfect mind memory and understanding, thanks be given unto God therefor, calling unto mind the mortality of my Body and knowing that is appointed for all men once to die, do make ordain and constitute this my Last Will in manner and form following, that is to say principally and first of all I give and Recommend my Soul into the hands of God who gave it me, and as for my Body I recommend it to the Earth to be Buried in a Christian like and Decent manner at the Discretion of my Executors herein after named, and as touching such Worldly goods and Estate which it hath pleased God to bless me with in this life I give to devise and dispose of the same in the following manner and form / Viz Imprimis I order that all my just Debts and Funeral Charges be fully paid and satisfied as soon as convenient they can be done after my Decease.  Item I give and Bequeath unto my well beloved Son Joshua Pell Junier [sic] the sum of Five pounds Current money of New York to be paid unto him by my Executors within one year after my Decease to him his Heirs and assigns -- Item I give and Bequeath unto my well beloved wife Phebe Pell the use and Command of the best Room in my House, with the use of a Bed &c &c beding [sic] and other Household goods for her Comfortable Subsistance [sic] as also a Sufficiency of Provision and Cloathing for her and my younger Children during her natural life or so long as she remains my Widow to be provided and allowed her by my two sons Joshua Pell and Edward Pell -- Item I give and bequeath unto my said Wife more, the sum of seven Pounds yearly and every year &c during the time of her natural Life or widowhood, and in case she marries after my Decease then I give unto her my said Wife the sum of one hundred pounds --"



Second Page of Record of the Will of Joshua Pell, Sr.,
Dated March 1, 1758 and Proved August 14, 1781.
Source:  New York Wills and Probate Records,
1659-1999, Ancestry.com (Original Data:  New
pp. 270-73) (NOTE:  Paid subscription required
to access link).  NOTE:  Click on Image to Enlarge.

[Page 271]

"271

Pounds [sic] Current money of New York to be paid unto her immediately and the other above specified priviledges [sic] to Cease and determine -- Item I give and bequeath unto my Son Gilbert Pell one Negro Boy Slave named Michael to be Delivered unto him at the Expiration of his apprenticeship which he is now serving with Joseph Latham at New York as also the sum of One hundred Pounds Lawful money of New York to be paid to him as follows that is to say Twenty Pounds thereof at the Expiration of his apprenticeship affores'd, and Eighty Pounds the residue thereof as is hereafter specified to hi his Heirs and assigns.  Item I give and bequeath unto my son Phillip Pell the sum of One hundred Pounds Lawful money of New York to be paid to him as hereafter specified to him his Heirs and assigns -- Item I give and bequeath unto my Son Benjamin Pell the Sum of One hundred Pounds Lawful money of New York to be paid unto him as is hereafter specified to him his Heirs and assigns -- Item I give and bequeath unto my Daughter Phebe Pell the sum of One hundred pounds Lawful money of New York and one Negro girl Slave named Clarabella to be paid and Delivered to her at the day of her Lawful marriage to her, her Heirs and assigns -- Item I give bequeath unto my Daughter Sarah Pell the sum of One Hundred Pounds to be paid unto her as is hereafter specified to her, her Heirs and assigns -- Item I giive and bequeath unto my Daughter Jerusha Pell the sum of One hundred Pounds Lawful Money of New York and one Negro girl Slave named Hagar to be paid hereafter specified to her her Heirs and assigns -- Item it is will and I do hereby order that none of the above mentioned Legacies and bequeaths nor any part thereof Except such parts thereof as is Expresly [sic] limited to a time of payment be liable to be paid until such time as my youngest Surviving Child (be it son or Daughter) shall arrive to full age and then all and Singular the above Legacies and bequeaths to be fully paid and discharged.  Item it is my Will and I do hereby order that in Case any one or more of my six youngest Children that is my Sons Gilbert Pell, Philip Pell, Benjamin Pell, and my Daughters Phebe Pell, Sarah Pell, and Jerusha Pell should die before they come to Lawful Age or without Lawful Issue that then the share or shares of such Deceased be equally divided among the Survivors of them six Sons and Daughters share and share alike to them their Heirs and assigns, Item it is my Will and I do hereby order that all or such part of my moveable Estate as my Executors shall think necessary to pay all my Just Debts Funeral Charges and Charges of Executing this my Will, be sold or disposed of by them for that purpose and the and the [sic] use or profits of the Remainder be Employed in maintenance of my Wife and maintenance and Educating of my younger Children 'till they all severally arrive to age and then the Remainder if any be it is my Will that it be Equally Divided among my six youngest Children that is Gilbert Pell, Phillip Pell, Benjamin Pell, Phebe Pell, Sarah Pell and Jerusha Pell or the Survivors of them their Heirs and assigns -- Item I give Devise and Bequeath unto my two Sons Joshua Pell Junr., and Edward Pell all and Singular my Lands meadows and Tenements to be equally divided between them in the following manner and form that is to say To begin at a Water Fence where a small Creek puts up on the Southernmost side of a Ditch commonly called Ben's Ditch, and from said fence to Run an Eastwardly"



Third Page of Record of the Will of Joshua Pell, Sr.,
Dated March 1, 1758 and Proved August 14, 1781.
Source:  New York Wills and Probate Records,
1659-1999, Ancestry.com (Original Data:  New
pp. 270-73) (NOTE:  Paid subscription required
to access link).  NOTE:  Click on Image to Enlarge.

"[Page 272]

272

Eastwardly [sic] line so as to divide the whole into two Equal parts or shares and northernmost half part or share I give and Devise unto my Son Joshua Pell Junr. to him his Heirs and assigns, and the Southernmost half part or share I give and Devise unto my Son Edward Pell to him his Heirs and assigns.  Item I give and Devise unto my Son Edward Pell the whole the whole [sic] of a Hammock lying in the West Meadows commonly called the West Hammock to him his Heirs and assigns, the said Lands above devised to be freely possessed and Enjoyed by them my said Sons Joshua Pell and Edward Pell immediately after my Decease -- Item it is my Will and I do hereby order that in Case Either of my said Sons should Die without Lawful Issue that then the share of Land above devised unto such Deceased I give and Devise unto my next oldest surviving Son upon the same Conditions and under the same Restrictions as is hereinafter mentioned on the part and behalf of them the said Joshua Pell and Edward Pell to be paid and performed -- Item it is my Will and I do hereby order that my said Son Joshua Pell in Consideration of the above Devise of the said one half part of my Land shall pay the sum of Five hundred Pounds Lawful money of New York as his part or share towards discharging the Legacies above bequeathed unto my Wife and my other Children to be paid by him the said Joshua Pell as the said Legacies shall severally become due as above directed -- Item it is my Will and I do hereby order that my said Son Edward Pell in Consideration of thee above Devise of the other half part of my Land and Hammock shall pay the sum of Two hundred and twenty Pounds Current money of New York as his part or share Towards discharging the Legacies above bequeathed unto my wife and my other Children to be paid by him the said Edward Pell as the said Legacies shall severally become due as above directed -- Item I give and bequeath unto my said unto my said [sic] Son Joshua Pell my Cane and my large Bible to him his Heirs and assigns.  Lastly it is my Will and I do hereby nominate Constitute and appoint my said Son Joshua Pell and my Trusty and Loving son in Law Joseph Latham of the City of New York Ship Wright my Executors in Trust of this my last Will and Testament, to see the same Executed and fulfilled, and I do hereby utterly disallow, disannul revoke and make null and void all other and former Wills bequeathed or appointed Ratifying and allowing this and no other as y Last Will and Testament.  In Witness whereof I have hereunto set my hand and Seal the day and year first above written -- 

Joshua Pell [Sealed LS]

Signed Sealed published pronounced and Declared by the said Joshua Pell as his last Will and Testament the word (Senior / between 4th: 2nd lines on the other side, also the word / said between the 18th & 19th lines & the word / son / between the 19th & 20th lines of the side being first interlined -- in the presence of us -- Charles Vincent Senr; Philip Pell, Robert Rolfe. -- City and Province of New York } -- LS -- Be it Remembered that on the fourteenth Day of August One thousand seven hundred and Eighty One, personally came and appeared before me Cary Ludlow Surrogate for the City and Province aforesaid Charles Vincent Senr. of the County of Westchester and Province of"



Fourth Page of Record of the Will of Joshua Pell, Sr.,
Dated March 1, 1758 and Proved August 14, 1781.
Source:  New York Wills and Probate Records,
1659-1999, Ancestry.com (Original Data:  New
pp. 270-73) (NOTE:  Paid subscription required
to access link).  NOTE:  Click on Image to Enlarge.

"[Page 273]

273

New York aforesaid yeoman who being duly sworn on his Oath declares that he saw Joshua Pell sign and Seal the annexed written Instrument purporting to be the Will of the said Joshua Pell bearing date the first day of March in the year of Our Lord One thousand Seven hundred and fifty Eight; and heard him publish and declare the same as and for his last Will and Testament; That at the time thereof he the said Joshua Pell was of sound disposing mind and memory to the best of his Knowledge and belief of him the Deponent, and that his name subscribed, and that his name subscribed to the said Will, is of his own proper hand writing which he subscribed as a Witness thereto in the Testators presence; -- and that he the Deponent likewise saw Philip Pell and Robert Rolfe the other Witnesses to the said Will subscribe their Names as Witnesses thereto in the Testators presence.---------

Cary Ludlow Surrogate."

Source:  New York Wills and Probate Records, 1659-1999, Ancestry.com (Original Data:  New York County, District and Probate Courts:  Wills and Administrations, Vol. 0032-0035, 1778-1783, pp. 270-73) (NOTE:  Paid subscription required to access link).  


Order a Copy of "Thomas Pell and the Legend of the Pell Treaty Oak."  

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Thursday, April 19, 2007

An Account of How Soldiers Were "Recruited" in Pelham in 1758 for the French and Indian War


In 1952, Frederick C. Haacker prepared an interesting typewritten manuscript entitled "WESTCHESTER COUNTY NEW YORK AND THE FRENCH & INDIAN WARS 1755 - 1762". In it, among other things, he provided an account of how soldiers were "recruited" for the 1758 Campaign during that War. The example he used was that of Benjamin Palmer of the Manor of Pelham. The brief account is transcribed in its entirety below, followed by a citation to its source.

"BENJAMIN PALMER OF PELHAM

1758

An interesting account of how soldiers were 'recruited' during 1758, is related to us by Benjamin Palmer, one of the leaders in the movement for a free bridge across the Harlem River. In a letter to Colonel Aaron Burr, Member of the New York State Assembly, from the City and County of New York, in the year 1798, Palmer explains how the Free or Farmer's Bridge was built across the Harlem, he spending £140-14s to finish the bridge, in 1758.

'Besides this loss', he states, 'I was twice pressed in one year, as a soldier to go to Canada, there then being a War between England and France, therefore I was obliged to hire two men to go in my place, - the one cost me £5 and the £20, supposed by the people in general as well as myself, to have been the orders of Colonel Philipse, because he knew I would stop his bridge from taking toll. Notwithstanding this I continued building the free bridge until finished.'

'Benjamin Palmer'

Benjamin Palmer was from City Island, and in 1763, appears as a Freeholder, in the Manor of Pelham.

-----

The Harket Book, by Thomas F. Devoe, p. 64 1862
The New York Gazette, Sept. 6, 1806.
New York Historical Society Quarterly Bulletin, July 1951, p. 315
The Borough of the Bronx, Harry T. Cook, p. 47 1913"

Source: Haacker, Frederick C., Westchester County New York and the French & Indian Wars 1755 - 1762 (Typewritten Manuscript 1952).

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