1819 New York Statute Authorizing David Pell and Benjamin Underhill To Build Mills on Eastchester Creek in Pelham Manor

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In 1819, the New York State legislature passed a statute authorizing David Pell and Benjamin Underhill to erect a grist mill and a saw mill on Eastchester Creek in the Town of Pelham. The text of the statute appears immediately below, followed by a citation to its source.

"FORTY-SECOND SESSION.

CHAP. LVII.

AN ACT authorizing David I. Pell and Benjamin H. Underhill to erect Mills on the Creek between East-Chester and Pelham, in Westchester County.

Passed March 19, 1819.

Preamble.

WHEREAS by an act of the legislature, passed April ninth, eighteen hundred and five, there was granted to David I. Pell, Abijah Barker and Theodosius Hunt, the right to erect a grist mill and a saw mill, if they found it convenient, on the creek which divides the town of Pelham from the town of Eastchester, at or near a place called Fisher's landing, and near the turnpike bridge over the said creek: Provided, The same was erected within the term of six years after the passing of the said act: And whereas, The said grant has not been used for the purpose aforesaid; and the said David I. Pell, together with Benjamin H. Underhill, hath, by the petition of a number of the inhabitants of the towns of Pelham and Eastchester, prayed for a renewal of the grant, to be made to the said David I. Pell and Benjamin H. Underhill: Therefore,

Site of the dam.

1. Be it enacted by the people of the State of New-York, represented in Senate and Assembly, That it shall and may be lawful for the said David I. Pell and Benjamin H. Underhill, and their heirs and assigns, to erect and build a dam and gristmill, and a saw mill, if they shall deem it expedient to build a saw mill, on the creek which divides the towns of Eastchester and Pelham, at some place near Fisher's landing, and near the turnpike bridge over the said creek; and that they shall procure, at their own expense, the necessary land for the said purpose, on each side thereof:

Proviso.

Provided always, and it is hereby enacted, That such mill dam shall not be higher than the surface of the salt meadows lying on the creek above the said dam; nor shall the said salt meadows be drowned or injured thereby: and that in all cases of such injury, the owners and possessors of such meadows shall respectively have their remedy at law therefor, against the said David I. Pell and Benjamin H. Underhill, and their respective heirs and assigns: Provided always, That it shall at all times hereafter be competent for the legislature to amend this act, so as more effectually to prevent any public or private injury which may result from the erection of the said dam.

Conditions to be complied with.

II. And be it further enacted, That in the erection of the before mentioned grist mill, (if placed near the said bridge or road) that then the water wheel shall be covered and hid from view: and when completed for grinding, the said David I. Pell and Benjamin H. Underhill, and their respective heirs and assigns, shall, and are hereby bound, to keep and maintain one good and sufficient run of stones, and a bolt, for the use and accommodation of the inhabitants of the towns of Eastchester and Pelham; and if two run of stones shall be erected in said mill, and the business of the country should require it, that then both run shall be employed for the use and accommodation of the inhabitants aforesaid, and to grind for them at the accustomed toll of the neighbouring [Page 63 / Page 64] mills:

Proviso.

Provided always, That if the said dam and mill shall not be completed within the term of three years, so that there be one good and sufficient run of stones and bolt ready for the use of the inhabitants of the said two towns, then the privileges hereby granted shall be null and void."

Source: Laws of the State of New-York, Passed at the Forty-Second, Forty-Third and Forty-Fourth Sessions of the Legislature From January 1819 to April 1821, Vol. V, pp. 63-64 (Albany, NY: William Gould & Co., 1821).

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Will of Esaie Guion of the Town of Pelham Made in 1816 and Proved June 2, 1819

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As regular readers of the Historic Pelham Blog now know, I recently have been working to accumulate a large collection of wills and will abstracts for 17th, 18th and early 19th century residents of Pelham. I have been reviewing a publication prepared in 1951 by the New Rochelle Chapter of the Daughters of the American Revolution. That organization prepared and distributed a typewritten manuscript entitled "OLD WILLS OF NEW ROCHELLE Copies of Wills By Citizens of New Rochelle, N. Y. 1784-1830".

The manuscript includes transcriptions of a number of wills of early residents of the Town of Pelham. One such will was that of Esaie Guion of the Town of Pelham prepared on October 19, 1816 and proved on June 2, 1819. The text of that will appears below, followed by a citation to its source.

"ESAIE GUION

Liber I of Wills, page 221. Oct. 19, 1816

I, Esaie Guion, of the Town of Pelham, in the County of Westchester, being infirm in body, but of sound disposing mind and memory yet considering the uncertainty of life am therefore inclined by these presents to settle and adjust my worldly affairs in the following manner, meaning and designing this to be my last will and testament, and First of all I order and direct my Just debts and funeral Expenses to be paid by my Executors here in after named. Secondly, I give the possession use and enjoyment of all my land and buildings thereon situate in the Town of Pelham aforesaid to my stepdaughter, Elizabeth Joye, the daughter of my first wife for and during so long as she shall remain Single and unmarried without commitment of wast, but she is nevertheless to have and take off the Same her reasonable and necessary fire wood during the term aforesaid and I do hereby allow my said stepDaughter to Take and appropriate to her own use all the provision and provender for man and beast growing and being on the premises at the time of my decease. Thirdly: - I do give and bequeath to my said Stepdaughter Elizabeth all the moveables which which [sic] did belong to her Mother also the choice of two cows, one Horse, and two hogs out of my stock, and such farming utensills as she may think proper to take, and as many casks, tubs, Pails and Kellers, as she may want, also six chairs, one Tea Stand and one large Table, six puter Plates, one large Platter, the best builsted chest, one trammel, one pair shovel and tongs, one pair of bellows, two Iron kettles, one Brass Kettle, a half dozen Knives and foks and my warming Pan. Fourthly: - All my moveable Estate not before disposed of I order and direct my Executors to sell as soon as conveniently may be after my decease, and to collect my debts and out of the money arising therefrom and such of my money as then may be in my house I do authorize my Executors to pay to the aforesaid Elizabeth Joye one hundred pounds current money of New York if that sum can be raised, but if not, to be paid when a final division is made, also one sled. Fifthly: - That whenever my said Step daughter Elizabeth Joye shall marry or die whichever may happen first, I do order and direct my Executors or the Survivors or Survivor of them to sell and dispose of all my Real Estate in such manner as they shall Judge most beneficial and advantageous and do empower them to give a good and [Page 105 / Page 106] sufficient Title for the same to the purchaser thereof, and all the money arising of Real and Personal Estate to be given or paid as hereinafter mentioned, that is to say, my God child Esaie, son of Elias Guion, to be an equal Heir with all my brothers and Sisters children, Beginning with Susannahs Soulices children, First, William Landrine, Joshua Soulice, Elizabeth and Susannah, 2ndly, My brother Elias Guion's children Elias Guion, Magdalene and Mary Elizabeth, 3rdly My Brother Benjamin Guion's children Susannah and Phoebe, all the before named My god child, My brothers and Sister's children to them and their Heirs I give and bequeath to them Each an equal dividend or share and share alike, except Susannah, my brother Benjamin's daughter, her portion being to her only, if she is living and shall come forward to receive it her self when a final dividend is made or within two years after she shall receive the same - but if she does not appear within the time aforesaid I order the Same to be given or paid to her sister Phebe the same as her own Legacy and what ever of my wearing apparel remaineth shall be divided between William Landrine, Joshua Soulice and Elias Guion and Lastly I do nominate, constitute and appoint my aforesaid three Nephews, William Landrine, Joshua Soulice and Elias Guion and Elizabeth Joye to be the Executors of this my last Will and Testament hereby revoking and disallowing all others by me before this time made. In Witness Whereof, I have hereunto set my hand & Seal the Nineteenth day of October in the year of our Lord one thousand Eight hundred sixteen. 1816 Signed, sealed, published and declared by the said Esaie Guion as and for his last Will and Testament in the presence of us the subscribing Witnesses in his presence and in the presence of each other.

Esaie Guion (L.S.)

Laban Russel
Thomas Shute
John Seacord

Proved June 2, 1819 by deposition of Thomas Shute of New Rochelle. Letters Testamentary issued June 2 1819 to Joshua Soulice and Elias Guion two of the Executors named in the will. Recorded in Liber I of Wills page 220.

..........................................

NOTE: Esaie Guion, the maker of the above will, (Liber I, page 221) was the son of Aman Guion and his wife, Elizabeth Samson. He was born August 26, 1736 and bap- [Page 106 / Page 107] tized in the Anglican Church (now Trinity) on September 19, 1736.

In his will Esaie Guion refers to his step-daughter Elizabeth Joye, the child of his first wife; but there is no record of either of his marriages nor is the name of either wife known. His second wife must have died before 1816, when the will of Esaie was made, for she is not mentioned in it.

The baptism record of Elizabeth Joye is found in the records of the Anglican Church as follows:

Baptized 'August 17, 1760, Elizabeth, daughter of James Joye.' The birth date is left blank and the name of the mother is not entered. The sponsors are 'The father and mother.' The entry is in English and the baptism was by the Rev. Mr. Barclay.

A James Joye was one of the witnesses to the will of James Perout, Jr., of New Rochelle, April 9, 1758, and he is given on the proving of the will as a blacksmith.

In the Old Huguenot Burying Ground is a stone marked 'E G 1785'. Presumably, this is the stone for Esaie Guion's wife, and not unlikely her name was Elizabeth. The stone can not be that of Elizabeth Guion, sister of Esaie, for her will is dated 1789. To that will Elizabeth Joye, the daughter, was a witness and proved the will on October 5, 1791.

Esaie Guion is said to have been a collector of cats. At one time he had 21, all told."

Source: ESAIE GUION in OLD WILLS OF NEW ROCHELLE Copies of Wills By Citizens of New Rochelle, N.Y. 1784-1830, pp. 105-07 (New Rochelle, NY: 1951) (typewritten manuscript prepared by New Rochelle Chapter, Daughts of the American Revolution).

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