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.

Friday, March 03, 2017

The Will of Rem Rapelje of Pelham, Probated on November 20, 1805


Yesterday's Historic Pelham Article provided information about the large farm that Rem Rapelje and, later, his son George Rapelje, maintained on Pelham Neck during the late eighteenth and early nineteenth centuries.  See Thu., Mar. 02, 2017:  1805 Advertisement Reveals Much About the Pelham Farm of Rem Rapelje.  Today's article provides images of Rem Rapelje, the records reflecting Rem Rapelje's will probated in 1805 and also a transcription of the will's text and an analysis of its significance.

Rem Rapelje was born in Brooklyn, New York on August 3, 1728.  He lost his father as a young child.  His mother remarried but his relationship with his stepfather was quite poor and, according to his son, George Rapelje, Rem "sought for friendly aid elsewhere."  As a young man, Rem Rapelje hustled for his living.  As a very, very young man, he was a ship owner.  He also dealt in general merchandise and kept a store on Maiden Lane in New York City "directly in rear of his dwelling."  An uncle who was in the "corn, grain, and flour business" and owned a store for the business took him into the store "which was at the fork of Maiden Lane and Crown Street."  Soon, on behalf of the business, he was sent in a schooner to Curacao.  He became a successful and wealthy merchant and ship owner.

Rem Rapelje was a Loyalist, but he remained in the New York region after the Revolutionary War.  When the war ended, he purchased a farm known as "Glass House Farm" located along the Hudson River about three miles from New York City. 

Rem Rapelje married Neeltje Hardenbroek (whom he called "Nelly"), a daughter of Abel Hardenbroek and Elizabeth Remson.  The couple had at least four children:  George Rapalje, Abel Hardenbroek Rapalje, Rem Rapalje, Jr., and Johannis Rapalje.  Rem Rapelje's namesake son, Rem, became a faithful and dedicated vestryman at St. Paul's Church in Eastchester and, in 1833, donated the beautiful pipe organ that still is in working condition in the church building.  

By 1790, according to both the 1790 U.S. Census and a plan of pews for St. Paul's Church in Eastchester, Rem Rapelje had moved to Pelham.  See Wed., Aug. 15, 2007:  Plan of Pews in St. Paul's Church 1790.  He purchased a massive 350 acre farm on Pelham Neck and the surrounding region.  He had a brother-in-law named John Hardenbrook who also resided in Pelham.  He and his family lived in Pelham on that farm until his death on June 16, 1805.  He is buried in the cemetery of St. Paul's Church at Eastchester.



Rem Rapelje, Jr., a Son of Rem Rapelje, by Asher Durand. 
NOTE:  Click on Image to Enlarge.

I have written about Rem Rapelje, his son George (who succeeded to his father's Pelham Neck Estate), and the Rapelje farm on Pelham Neck a number of times.  Seee.g.:

Thu., Mar. 02, 2017:  1805 Advertisement Reveals Much About the Pelham Farm of Rem Rapelje.  

Fri., Jan. 08, 2016:  Pelhamite Rem Rapelje, a Loyalist, Was "Rode on Rails" During the Revolutionary War.

Wed., Oct. 03, 2007:  Book by George Rapelje, Pelham Resident Along With His Father, Rem Rapelje, Published in 1834

Mon., Feb. 27, 2006:  Another Description of the Farm of Rem Rapelje of Pelham Published in 1806

Wed., Aug. 24, 2005:  1807 Advertisement for Sale of Property of Rem Rapelje in Pelham.

Rem Rapelje executed his will on July 8, 1795.  At that time he owned two farms:  the thirty-acre "Glass House Farm" that he purchased shortly after the Revolutionary War located along the Hudson River about three miles from New York City; and the 350-acre farm on Pelham Neck (today's Rodman's Neck) that he purchased from Thomas Pell of the town of Pelham.  

One of the most significant aspects of Rapelje's will is that Rapelje bequeaths to his wife, "Nelly" Rapelje, the use of one slave named Jacob during her lifetime.  Specifically, the will states:  "I give and bequeath unto my said wife . . . the Use of my Negro named Jacob for and during her natural life."  The will further provides that "All the Rest, Residue and Remainder of my real and personal Estate whatsoever and wheresoever I give and Bequeath unto my Son George Rapelje," thus providing for George Rapelje to inherit the "Negro named Jacob" after the death of Nelly Rapelje.

For years I have been piecing 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). 

Thu., Jan. 07, 2016:  The 1790 U.S. Census and What It Reveals About Slavery in Pelham.

Wed., Dec. 16, 2015:  The Will of Joshua Pell Sr. of the Manor of Pelham Dated March 1, 1758.

Wed., Apr. 12, 2006:  1712 Census of Westchester County Documents Slave Ownership in Pelham

Mon., Apr. 03, 2006:  1805 Will of William Bayley of Pelham Included Disposition of Slaves

Fri., Feb. 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.

Mon., Jul. 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.

Jacob, the man Rem Rapalje enslaved, does not seem to appear in the 1790 U.S. Census.  Indeed, until research revealed Rem Rapelje's will, there was no record of a slave named Jacob owned by Rem Rapelje previously known to this author.  Though the will does not indicate where Jacob worked, it is virtually certain that he worked, at least at times, on Rem Rapelje's farm in Pelham.  

Rem Rapelje named his son, George, an Executor and his wife, "Nelly," an Executrix under the will.  Rapelje bequeathed a life interest in the Glass House Farm to his wife, as well as "the use" of household furniture, farming utensils, livestock, and other such property during her life.  He further bequeathed three thousand pounds to his wife with any remainder at the time of her death due to the couple's son, George.

Rapelje's will further bequeathed an annual payment of "two hundred pounds current money of New York" to his granddaughter Maria Rapelje, a daughter of Rem Rapelje's deceased son Abel Rapelje.  The money was to be paid to her "out of the Rent Income or Profits" of the 350-acre farm on Pelham Neck.  Maria Rapelje died in 1817 and is buried in the cemetery of St. Paul's Church of Eastchester.

The remainder of Rem Rapelje's real estate and other property went to his son, George Rapelje, including the large farm in Pelham.  George Rapelje, who married Susan Elizabeth Provoost (a daughter of Samuel Provoost and Maria Bousfield), lived on that farm for many years thereafter.

*          *          *          *          *

Below is the text of Rem Rapelje's last will and testament.  Thereafter are images of the record of that will with each followed by a citation and link to its source.

"173

The People of the State of New York by the grace of God Free and Independent.  To all to whom these presents shall come or may concern send greeting

Know Ye that at the Town of White Plains in the County of Westchester on the twentieth -- day of November in the year of our Lord one thousand eight hundred and five before Edward Thomas Esquire Surrogate of our said county the last will and testament of Rem Rapalje deceased (a copy whereof is hereunto annexed) was proved and is now approved and allowed by us; and the said deceased having whilst he lived and at the time of his death goods, chattels or credits within this State by means whereof the proving and registering the said will and the granting administration of all and singular the said goods, chattels and credits and also the auditing, allowing and final discharging the account thereof now belong unto us:  the administration of all and singular the goods, chattels and credits of the said deceased and any way concerning his will is granted unto George Rapelje as Executor in the said will named he being first duly sworn well and faithfully to administer the same and to make and exhibit a true and perfect inventory of all and singular the said goods, chattels, and credits and also to render a just and true account thereof when thereunto required -- In Testimony whereof we have caused the Seal of Office of our said Surrogate to be hereunto affixed.  Witness Edward Thomas Esquire Surrogate of the said county at White Plains in the said county the twenty third day of November in the year of our Lord one thousand eight hundred and five and of our Independence the thirtieth.  

Edward Thomas Surrogate."

"174

In the name of God Amen.  I Rem Rapelje of the Seventh Ward of the City of New York in the State of New York in North America being of sound and disposing mind, memory and understanding Thanks be to Almight God for the same and considering the uncertainty of life do make this my Last Will and Testament in manner and form following that is to say First I recommend my Soul to Almighty God who gave it to me and my Body to the Earth to be intered in a Christian like manner and as touching such worldly Estate whereof I am possessed I give and dispose thereof in manner as follows  First I will 
and direct that all my just Debts and funeral charges be truly paid and satisfied within some convenience time after my decease.  Item  I give and bequeath unto my dearly beloved wife Nelly Rapelje the Farm I now live on which I bought of William W. Adams 
containing about thirty acres Land and which is called and know [sic] by the name of the Glass House Farm with the Land thereunto adjoining which I bought of the Heirs of one Manderville and others containing on or about thirty acres to have and to hold to her for and during her natural Life.

Item  I give and bequeath unto my said wife the use of all my Household Furniture, farming utensils, Horses, Cows, Waggon, [illegible] Slay Chare and also the Use of my Negro named Jacob for and during her natural life --

Item  I give and bequeath unto my said loving wife the interest of three thousand Pounds which is to be set apart out of my Bonds or money out of my Estate which together with the beforesaid real and personal Estate is for and in lieu of her Dower for and during her natural Life and at her Death I give the said real and personal Estate with the three thousand pounds unto my son George Rapelje to Have and to Hold to him, his Heirs and assigns for ever --

Item  I give and bequeath unto my Grand Daughter Maria Rapelje Daughter of my Son Abel Rapelje deceas'd the Sum of two hundred pounds current money of New York annually and to be set apart and to be paid to her out"

"175

out [sic] of the Rent Income or Profits of the Farm I bought of Thomas Pell on the Manor of Pelham Every Year during her natural life and at her Death to revert to my Son George Rapelje his Heirs and assigns for ever -- And I hereby nominate and appoint my son George Rapelje trustee well and truly to perform my Bequeath to my Grand Daughter Maria Rapelje

Item  All the Rest, Residue and Remainder of my real and personal Estate whatsoever and wheresoever I give and Bequeath unto my Son George Rapelje to Have and to Hold to him, his Heirs and assigns for ever.  Lastly I hereby nominate and appoint my loving Wife Nelly Executrix and my Son George Executor of this my last Will and Testament hereby revoking and disannulling all former Wills by me heretofore made.  In Witness whereof I have hereunto set my Hand and Seal this Eight day of July in the Year of our Lord one thousand seven hundred and ninety five.  Rem Rapelje LS [LS Appears within indication of seal at this point]  Signed, Sealed and delivered by the said Rem Rapelje as his last Will and Testament in the presence of us.  The word and in the 6th Line first erased & the word pounds between 23 & 24 Line first interlined.  Mangle Minthorne, Joseph Stringham, Frank Child. -- 

Westchester County  ss.  Be it Remembered that on this twentieth day of November in the Year of our Lord one thousand eight hundred and five personally appeared before me Edward Thomas Surrogate of the said County of Westchester, Mangle Minthorne Esquire -- who being duly sworn upon his Oath declared that he did see Rem Rapelje sign and seal the preceding written instrument purporting to be the will of the said Rem Rapelje bearing date the Eighth day of July in the year of our Lord one thousand seven hundred and ninety five and heard him publish and declare the same as and for his last Will"

"176

and Testament that at the Time thereof he the said Rem Rapelje was of sound and disposing mind and memory to the Best of the Knowledge and Belief of him the Deponent and that Joseph Stringham, Frank Child and the Deponent severally subscribed the said will as witnesses thereto in the Testator's presence.

23d November 1805.  I delivered to George Rapelje the original will of his father Rem Rapelje of which the preceding is a Copy.  It was delivered to him at Harlem Bridge with Receipt for same -- 

Edward Thomas --"

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Below are images of the record of Rem Rapelje's will, the text of which appears immediately above.  Each image below is followed by a citation and link to its source.



New York Wills and Probate Records - Vol.
D-F, 1803-1815, p. 173 (available via Ancestry.com;
paid subscription required to access via this link).
NOTE:  Click on Image to Enlarge.



New York Wills and Probate Records - Vol.
D-F, 1803-1815, p. 174 (available via Ancestry.com;
paid subscription required to access via this link).
NOTE:  Click on Image to Enlarge.




New York Wills and Probate Records - Vol.
D-F, 1803-1815, p. 175 (available via Ancestry.com;
paid subscription required to access via this link).
NOTE:  Click on Image to Enlarge.




New York Wills and Probate Records - Vol.
D-F, 1803-1815, p. 176 (available via Ancestry.com;
paid subscription required to access via this link).
NOTE:  Click on Image to Enlarge.



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Wednesday, July 13, 2016

The Will of Thomas Pell, Oldest Son of John Pell of the Manor of Pelham



John Pell, the nephew of Thomas Pell who founded what became the Manor of Pelham, came to America in 1670 to take control of the inheritance he received from his uncle who died in Fairfield, Colony of Connecticut, in late September, 1669.  John Pell, often referenced by Pell family members as "Second Lord of the Manor of Pelham," married Rachel Pinckney.  The couple named their first-born son Thomas after John's uncle and benefactor.  This son, Thomas Pell, was born in the Manor of Pelham in about 1675.  He died in 1752.

I have written before about Thomas Pell, so-called Third Lord, and his efforts to sell Minneford Island (today's City Island) in 1750 shortly before his death.  See Thu., May 11, 2006:  Thomas Pell Offers City Island, Then Known as Minneford Island, for Sale in the Mid-18th Century.  

Thomas Pell, so-called Third Lord, married a woman named Ann.  Pell family tradition holds that his wife was named "Anna" and that she was a daughter of Wampage, a supposed "Indian chief," who according to Pell family tradition, slew Anne Hutchinson.  According to that tradition, Wampage became known as Annhook, a name he supposedly took after slaying Anne Hutchinson and her family.  Thus, according to this tradition, the Anna that Thomas Pell married was an "Indian Princess."  

The story of Thomas Pell and his "Indian Princess" Anna is apochryphal.  Despite years of research by serious genealogists and this author, there is not a shred of reliable evidence to support this oft-told story.  While there is some reliable evidence that Thomas Pell married a woman named Anna other reliable evidence including Pell's will indicates that her name was "Ann."  In short, her first name is about all we know about Pell's wife and we are not even certain if her name was Ann or Anna.  Since Pell's will also identifies a widowed daughter named "Ann" Broadhurst, it seems most likely Thomas Pell's wife was named Ann -- not Anna.  For summaries of a few 18th century documents that refer to Thomas Pell and "Anna his wife," see Bolton, Robert, The History of The Several Towns, Manors, and Patents of the County of Westchester, From Its First Settlement to the Present Time, Vol. II, pp. 60-61 (NY, NY:  Chas F. Roper, 1881).  For images of Pell's will referring to his wife "Ann Pell," see below.  

Thomas Pell created his Last Will and Testament in 1739.  It was not probated, however, until shortly after his death in 1752.  Today's posting to the Historic Pelham Blog presents images of the archival record of the will of Thomas Pell, so-called Third Lord of the Manor of Pelham.  It also presents transcriptions of each page of the will.




First Page of Last Will and Testament of Thomas Pell
Dated Sep. 3, 1739, Admitted to Probate Aug. 18, 1752.
1 Mar 1754, p. 154 (NOTE: Paid subscription required to
access via this link).  NOTE:  Click on Image to Enlarge.

"(154) . . . . 

In the name of God Amen this third day of September in the thirteenth Year of the Reign of King George the Second Anno Domi one thousand seven hundred and thirty nine I Thomas Pell Sen r. of the Manor of Pelham in the County of Westchester and province of New York being Sick and Weak in Body but of perfect mind and Memory thanks be given unto God therefore & calling into mind the mortality of my Body knowing it is appointed for all Men once to die doe make & ordain this my last Will and Testament in manner & form following To say principally and first of all I give and recommend my Soul into the hands of God that gave it and my Body I recommend to the earth to be buried in a Christian like decent manner att the discretion of my Executors herein after named and touching such worldly estate it hath pleased God to bless me with all in this life after my just & lawfull debts are first satisfyed & paid out of my moveable estate as also my funeral charges by my Executors herein after name  I give devise and dispose of the same in the following manner & form  Imp s. [i.e., "Imprimis"] I give unto my daughter Ann Broadhurst the use of"




Second Page of Last Will and Testament of Thomas Pell
Dated Sep. 3, 1739, Admitted to Probate Aug. 18, 1752.
1 Mar 1754, p. 155 (NOTE: Paid subscription required to
access via this link).  NOTE:  Click on Image to Enlarge.

"(155)

The Room she now lives in during the time she remains a single woman without a husband  but if in case after my decease my Son Joseph Pell doth not like or approve of her living in said room during the time aforesaid that then he shall build her a small house of about sixteen foot square and allow her that & the use of six acres of land out of his land during the time she remains a single Woman or without a Husband as aforesaid and I also give unto my said Daughter Ann Broadhurst the sum of sixty pounds Curr t. Money of New York to be levied and paid her out of my moveable estate by my Executors after my decease and to be enjoyed by her her [sic] heirs & assigns forever  Item  it is my further Will and mind that my Brother John Pell should have house Room lodging Victuals & Cloaths, Comfortable for him during his life time which I order my son Joseph Pell to provide  Item  I give and Bequeath unto my beloved Wife Ann Pell the use of the best Room in my house and timber in any part of my land and the use of Sixty Acres of Land and Chamber & Cellar Room in my house during the times she remains my Wid o. and I also give unto my said Wife the Sum of one hundred pounds Curr t. Money of New York by her if she sees cause to take it in Money out of my moveable estate after my decease to be enjoyed by her her heirs and Assigns forever and also I further give unto my said Wife the best bed & furniture in my house  Item  I give and bequeath unto my son John Pell the Sum of five pounds Curr t. Money of New York to be levied and paid him out of my moveable estate by my Executors after my decease to him his heirs and Assigns forever he having Rec d. the rest of his portion already  Item  I give and bequeath unto my son Thomas Pell the sum of three pounds Curr t. Money of New York to be levied and paid him out of my moveable estate by my Executors after my decease to him his heirs and Assigns forever he having rec d. the rest of his portion already  Item  I give and Bequeath unto my son Joshua Pell the sum of three pounds Curr t. Money of New York to be levied and paid him out of my moveable estate by my Executors after my decease to him his heirs and Assigns forever he having rec d. the rest of his portion already  Item  I give and bequeath unto my Son Philip Pell the sum of three pounds Curr t. Money of New York to be levied and paid to him out of my moveable estate by my Executors after my decease to him his heirs & Assigns forever he having rec d. the rest of his portion already.  Item  I give and Bequeath unto my Son Caleb Pell the Sum of three pounds Current Money of New York to be levied and paid him out of my moveable estate by my Executors after my decease to him his heirs and Assigns for ever he having rec d. the rest of his portion already  Item  I give and Bequeath unto my son Joseph Pell all and Singular my Lands Meadows Houses Tenem ts. Buildings &c that now belongeth unto mee as also the houses Rooms & Land before reserved for my Daughter Ann att her having a husband or death as also all the Land & Rooms before reserved for my wife att her Marriage or decease to him, his heirs & Assigns to his and their own and only proper use benefit and behoof for ever after my decease  Item  I give and Bequeath unto my Daughter Mary Sands the Sum of Seventy pounds Curr t. Money of New York to be levied and paid her out of my moveable estate by my Executors upon my decease to her her heirs & Assigns for ever.  Item  I give and bequeath unto my daughter Sarah Palmer the Sum of five pounds Curr t. Money of New York to be Levied and paid her out of my moveable estate by my Executors after my decease to her her heirs and Assigns for ever.  Item  I give and Bequeath unto my Daughter Beersheba Pell the sum of one hundred & fifty pounds Curr t. Money of New York to be levied and paid her out of my moveable estate by my Executors"




Third Page of Last Will and Testament of Thomas Pell
Dated Sep. 3, 1739, Admitted to Probate Aug. 18, 1752.
1 Mar 1754, p. 156 (NOTE: Paid subscription required to
access via this link).  NOTE:  Click on Image to Enlarge.

"(156)

After my decease to her her heirs and Assigns for ever  Item  it is my Will and mind that all my moveable estate excepting what I have before reserved to my wife should by my Executors after my decease be sold and the aforesaid Legacies (after my just and lawfull debts & funeral charges are Satisfied & paid) to be paid and out of the overplus thereof I give and bequeath unto my grandson Samuel Broadhurst the Sum of Ten pounds Curr:t Money of New York to him his heirs and Assigns for ever and the Remainder thereof it is my Will & mind should be equally divided among my four daughters Mary Sands Ann Broadhurst Sarah Palmer and Beersheba Pell and be enjoyed by them their heirs & Assigns forever and for Executors of this my last Will and Testament  I do hereby nominate constitute and appoint my two Sons Philip Pell and Joseph Pell sole Executors of this my last Will and Testament and I do hereby utterly dissolve Revoke and disannul all and every other former Wills Testaments Legacies & Executors whatsoever by me before this time named Willed or Bequeathed Ratifying and confirming this and no other to be my last Will and Testament  In Testimony whereof I have hereunto sett my hand and Seal the day & year first above written. 

THO: PELL.  (Ls).

Be it Remembered that on the eighteenth day of August Annoq e. Domini one Thousand seven hundred and fifty two personally appeared before me Israel Honeywell Esq r. being thereunto delegated and appointed Stephen Lawrence one of the Subscribing Witnesses to the within written Instrument (purporting to be the last Will and Testament of Thomas Pell deceased) and being duely Sworn on the Holy Evangelist of Almighty God on his Oath declared that he saw the said Thomas Pell deceased Sign and Seale the said Instrument and heard him publish and declare the same to be his last Will and Testament that at the time thereof the said Thomas Pell was of sound and disposing mind and memory to the best of his knowledge and Belief that he signed his name as a Witness thereunto in the presence of the Testator and saw John Coutant & John Cure the other subscribing Witnesses to the said Will sign their names as Witnesses thereto in his presence and in the presence of the Testator.

Israel Honeywell
Surrogate"


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Tuesday, July 12, 2016

John Banks, One of Two Executors of the Will of Pelham Founder Thomas Pell


Recently I have analyzed the Last Will and Testament of Pelham founder Thomas Pell, executed on September 21, 1669, only days before his death.  I am trying better to understand Thomas Pell, his life, and times through such primary sources.  I have written about Thomas Pell, his will, and an inventory of that portion of his estate located in New York at the time of his death before.  See:  

Tue., Jun. 28, 2016:  Who Was Daniel Burr, an Executor of the Will of Pelham Founder Thomas Pell?

Fri., Jun. 24, 2016:  Archival Record of the Last Will and Testament and Estate Inventory of Pelham Founder Thomas Pell.  

Wed., Mar. 07, 2007: Published Abstract of 1669 Will of Thomas Pell, Followed by Entire Text of Will of Thomas Pell

Mon., Mar. 31, 2014:  Inventory of the Estate of Pelham Founder Thomas Pell Taken Shortly After He Died in Late September, 1669.

Today's posting to the Historic Pelham Blog collects information about "John Bankes" (i.e., Banks) who was one of the two men named to serve as "Executors of Trust" of the Last Will and Testament of Thomas Pell.  The principal purpose, of course, is not to document data about John Banks, but to shed light on the life of Pelham founder Thomas Pell.  

John Banks was born about 1619 in England.  He died January 22, 1684/5 in Greenwich, Fairfield County, Colony of Connecticut.  The reliable record seems unclear regarding when John Banks arrived in New England.  Though undocumented, one source claims he came from Yorkshire, England in 1630 in the ship Mary and Jane.  See Mead, Spencer P., Ye Historie of Ye Town of Greenwich, County of Fairfield and State of Connecticut, p. 495 (Knickerbocker Press, 1911).  

Banks seems to have settled first at Windsor in the Colony of Connecticut, though later he moved to Fairfield.  In 1643 he was clerk for weights and measures in Windsor.  

Clearly John Banks was both a respected and beloved citizen of the region.  He served for eighteen sessions in the Legislature of the Colony of Connecticut from Fairfield and Rye (once part of Connecticut, but now part of New York).  He served as deputy in the Legislature from Fairfield in 1651, 1661, 1663, 1664, 1665, 1666, 1673, 1674, 1675, 1676, 1677, 1678, 1679, 1680, 1682, and 1683.  He served as deputy from Rye (now part of New York) in 1673.  

In 1666 Banks served as a Commissioner for Fairfield and a member of the War Council in 1675 and 1676.  Bankes was an attorney who played a prominent role in a witchcraft-related lawsuit in Magistrate's Court.  Banks represented Thomas Staples who claimed that Deputy-Governor of the Colony of Connecticut Roger Ludlow had defamed his wife by repeating what are believed to be allegations of witchcraft that reportedly were made by Goodwife Knapp to Ludlow as she stood at the gallows shortly before she was hanged for witchcraft in 1653.  I have written before about the witchcraft persecution of Goody Knapp and the related defamation lawsuit by Thomas Staples that followed.  See:

Mon., Apr. 18, 2016:  Another Account of the 1653 Witchcraft Trial of Goodwife Knapp In Which Thomas Pell's Wife Testified.

Fri., Jul. 07, 2006:  The Involvement of Thomas Pell's Family in the Witchcraft Persecution of Goody Knapp

Thu., Oct. 30, 2014:  Did Thomas Pell Act on Pangs of Remorse After Witchcraft Persecution Involving His Family? 

Bell, Blake A., The Involvement of Thomas Pell's Family in the Witchcraft Persecution of Goody Knapp, The Pelham Weekly, Vol. XIII, No. 4, Jan. 23, 2004, p. 11, col. 1.

According to researchers who have documented the life of John Banks:

"John Banks was a lawyer.  On 12 Jan 1649, he bought the Daniel Frost home and land there.  On 4 Feb 1665, he bought land from Indians on Aspebuck River.  Witnesses were Thomas Lyon, William Ward, Joseph Lumas and Matthew Sherwood. (Fairfield Probate Records, vol 3, 1675-1900)  Between 1651 and 1666, he was several times Fairfield deputy in the Connecticut legislature. He founded the town of Rye, CT and represented the town, 1670-73, and owned land there.  He laid out the town square in Fairfield to which he then returned.  He was called sergeant at his death [However in Power-Banks Ancestry he says this probably refers to his son John]. [Note: the references to Rye, CT apparently refer to today's Rye, NY, which is near to Fairfield, CT.] (Info from the History of Fairfield, Fairfield County, Connecticut, from the Settlement of the Town in 1639 to 1818, by Elizabeth H. Schenck, vol I, 1889, as provided by Anita Jones). . . .

In 1673, John Banks was sent to the Dutch governor of New York to protest against interference with the English colony on Long Island.  Governor Colve put him under restraint for 15 days.  He returned reporting Colve was insolent and unpopular there.  In 1675, John was on a committee to run a boundary line between New York and Connecticut, from Mamoroneck to the Hudson.  He was on another boundary committee in 1684. (Powers-Banks Ancestry, by William H. Powers, 1921, p 99 - no source listed -- Powers suggests that Banks was particularly interested in the boundary because of his propertry in Rye, NY)  Powers also indicates Schenck's history lists Banks as a frequent bearer of dispatches to Gov. Andros in NY & in 1678 was on a committee to hear the claim of Tunstacken.  However, his usual occupation later in life seems to have been as surveyor, where he fixed the boundaries of a number of southwestern Connecticut towns. (In NY State Archives, vol II, is mention that John Bankes, messenger of the Secretary of Connecticut to the Dutch at Ft. William Hendrick -- apparently confirmed by the Dutch. Gov. Winthrop wrote to the Dutch about this, Oct 1673)."

Source:  Compilation Project All Deceased Banks & Bankes Persons of European Origin in the U.S. & Their Immediate Families (visited Jun. 25, 2016).  

Clearly John Banks was a prominent, respected, and successful member of the community.  Thomas Pell likely chose Banks to serve as an executor of his will not only because he was an attorney, but also because his prominence, age, and wisdom might counter-balance the comparative inexperience of Pell's 30-year-old co-executor, Daniel Burr, the husband of a granddaughter of Pell's wife, Lucy Brewster Pell.  



"Thomas Pell" by Thom Lafferty from an Original by
an Unknown Artist Who Imagined Pell as He Would
Look. There Are No Known Images of Thomas Pell.
NOTE: Click on Image to Enlarge.


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Friday, July 08, 2016

The Will of Philip Pell Sr. of the Manor of Pelham


This article presents the will of Philip Pell of the Manor of Pelham who died between December 21, 1751 and May 27, 1752.  Sometimes referenced as Philip Pell I, he married Hannah Mott.  Philip Pell I was a son of Thomas Pell, so-called "Third Lord" of the Manor of Pelham.  Philip Pell I was the father of Philip Pell II (1732-1788) who married Gloria Tredwell.  Philip Pell II is believed to have built the original Pell farmhouse that forms a portion of the home that still stands known as "Pelhamdale," listed on the National Register of Historic Places.  Philip Pell II was the father of Philip Pell III (often referenced, confusingly, as "Philip Pell, Jr.") who is one of the most celebrated men ever to have lived in Pelham.  

In failing health, on December 21, 1751, Philip Pell I executed his last Will and Testament.  I have written about the will before, based on a published abstract of its contents.  See Fri., Mar. 09, 2007:  Abstract of Will of Philip Pell I of the Manor of Pelham Prepared in 1751 and Proved in 1752.  Today's posting to the Historic Pelham Blog transcribes the entire text of the will of Philip Pell I and presents images of each of the pages of the will from the archives of the Surrogate's Court.  In addition, the article discusses the significance of various aspects of Pell's will.  

In his will, Pell leaves his real estate and the vast majority of the remainder of his estate to his son, Philip Pell II.  He provides for the future and comfort of his wife at the time of his death, "Phebe," who was his second wife.  Pell's will provided:

"I give to my present Wife Phebe all the plate which now remains which she brought with her when we were married also one Negro Boy named Lew one good feather Bed Beding [sic] & furniture also I order my said Wife shall have the Liberty & priviledge [sic] of living in one of the Rooms in my house which she shall choose as long as she shall live and I order my son Philip to maintain her in an Honourable Manner & find her a good horse and chair to go abroad with."

The will further notes that in the event of any dispute between Phebe Pell and his son, Philip Pell II, regarding her living arrangements in the home, then his son would have to pay her two hundred pounds and she would have to leave the home.

The will also details bequests to the two daughters of Philip Pell I:  Hannah Pell and Martha Pell.  First, Pell bequeathed to them equal shares of "all the valuable goods & plate which I had by my first Wife Hannah dec'd."  

Each received three young slaves and three hundred pounds.  The sums were to be paid in six annual installments of 50 pounds beginning at the time of marriage or the age of twenty one, whichever came first.  Both daughters also were permitted, on the day of their marriage, each to select and take six milk cows from the herd bequeathed to his son, Philip Pell II.  Hannah seemed to receive a special bequest in the form of "half a Dozen Silver Spoons which I had made last winter."

The full text of the will, and images of the pages of the will from the archives of the Surrogate's Court, appear below.


Transcription of the Text of the Will of Philip Pell I

"83

I Philip Pell of the Manor of Pelham in the County of Westchester & province of New York Yeoman being indisposed in Body but of sound mind & memory do make my last Will and Testament in manner following first I order all my just debts & funeral charges to be duly paid and satisfied in some convenient time after my decease 2d I give to my present Wife Phebe all the plate which now remains which she brought with her when we were married also one Negro Boy named Lew one good feather Bed Beding [sic] & furniture also I order my said Wife shall have the Liberty & priviledge [sic] of living in one of the Rooms in my house which she shall choose as long as she shall live and I order my son Philip to maintain her in an      81      Honourable Manner & find her a good horse and chair to go abroad with and if any difference should happen to arrise [sic] between my sd Wife & my son Phillip his heirs and assigns then I order my said Philip his heirs or assigns / in case of such difference about her living / to pay to my said wife the sum of two hundred pounds over & above what I have hereby given her which shall be in full Lieu of her thirds or Dower & she shall quit my house and estate & if she shall agree with my said son & live with him as I have above desired tht also shall be in lieu of her thirds or dower 3d I order all the valuable goods & plate which I had by my first Wife Hannah dec'd to be equally divided between my two daughters Hannah & Martha Pell"

"84
Page No. Old Liber

share & share alike 4  I also give to my Daughter Hannah my Three negro children namely Kate Robin & Jean to her own use for ever  I also give to my Daughter Hannah ) [sic] the sum of three hundred pounds to be paid to her after the following manner by my son philip [sic] his heirs or assigns (to wit) fifty pounds thereof to be paid to her at the day of her Marriage or at the time when she shall attain the age of twenty one years which may first happen & fifty pounds every year after untill [sic] the whole three hundred pounds be paid her  I likewise order that my said Daughter Hannah  shall at the day of her Marriage / if she shall marry / have the Liberty to choose out Six Milks [sic] Cows out of my son Philips [sic] stock  I also give her half a Dozen Silver Spoons which I had made last winter 5th I also give unto my Daughter Martha my three Negro children named Moll Titus & Boss to her own use for ever  I also give to my daughter Martha the sum of three hundred pounds to be paid to her after the following manner (by my said son Philip his heirs or assigns) to witt [sic] fifty pounds thereof at the day of her Marriage or at the time when she shall attain the age of twenty one years which shall first happen and fifty pounds every year after untill [sic] the whole three hundred pounds be paid to her  I likewise order that my said daughter Martha shall at the day of her marriage (if she shall marry) have the liberty to choose out six Milk Cowes [sic] out of my son Philip's stock  6 and in case either of my said Daughters hannah [sic] or Martha should happen to die before Marriage or attaining the age of twenty one years then I order all her share or portion so dying to be given to the surviving Daughter her Ex rs Adm rs & assigns for ever  7 all the rest residue and remainder of my whole estate both Real and personal Goods and Chattels Lands and Tenements whatsoever and wheresoever I give devise and bequeath the same unto my only son Philip Pell & to his heirs Executors Admin rs & Assigns for ever subject nevertheless to the payment of the af d Legacies to my said two daughters and I do hereby require and charge him his heirs and assigns to pay the several Legacies to my said Daughters or Survivor at the times above specified & to let 'em choose each Six Cowes [sic] as is before directed and if my Son Philip his heirs or assigns shall neglect or refuse to pay the said Legacies of three hundred pounds to my said daughters as is before directed & refuse to let 'em choose out six Cowes [sic] as aforesaid then it shall & may be lawfull [sic] & I order & empower any one of my Executors to sell so much of my Lands as will be sufficient to pay the said Legacies & make good the damage for refusing the Cows to my said Daughters  Lastly I nominate and appoint  82     my said Wife Phebe my said Son Philip pell Jun r and my Brother in Law William Mott Executors of this my last Will"

"85

and Testament hereby making void all former Wills by me made declaring this only to be my last Will & Testament  In testimony whereof I have hereunto set my hand and Seal this twenty first day of December in the year of our Lord one thousand seven hundred and fifty one.

Philip Pell (Ls)

Signed sealed Published and declared by the said Philip Pell as and for his last Will and Testament in the presence of us who sign our names as Witnesses thereof in his presence the words (last Winter) between the 2 last lines at the bottom of the first side of this sheet being interlined.  Joseph Rodman  Joseph Pell  Jno. Bartow

Westchester County } Ls  March 14th 1752 Be it Remembred [sic] that on the day and year above written personally appeared before Samuel Purdy being thereunto delegated and appointed Joseph Pell one of the subscribing Witnesses to the within Will of philip [sic] Pell and made oath on the Holy Evangelist of Almighty God and Joseph Rodman one other witness to said Will of philip pell [sic] and he being one of the people called Quakers on his solemn affirmation declared that they saw the said Philip Pell sign seal publish and Declare the same to be his last Will and Testament and that at the time thereof he was of sound and disposing mind and memory to the best of their knowledge and belief & severally subscribed their names as witnesses to the said Will in the Esc r Tesators presence.

Sam. ll Purdy

George Clinton Esq r  Captain General and Governor in chief of the province of New York and Territories thereon depending in America Vice Admiral of the same and Admiral of the White Squadron of his Majestys [sic] Fleet To all to whom these presents shall come or may concern Greeting.  Know Ye that at Westchester County on the fourteenth day of March last before Samuel Purdy Esq r being thereunto delegated and appointed the last Will and Testament of Philip Pell deceased (a Copy whereof is hereunto annexed) was proved and now approved and allowed by me the said deceased having whilst he lived and at the time of his death Goods Chattels and Credits within this province by means whereof the proving and Registering the said Will and the granting administration of all and singular the said Goods Chattels and Credits and also the auditing allowing and final discharging the accompt thereof doth belong unto me And that administration of all and singular the Goods Chattel and Credits of the said deceased and any way"

"86
Page No. Old Liber

concerning his Will was granted unto Philip Pell Jun r and William Mott two of the Executors in the said Will     83     named being first sworn well and faithfully to administer the same and to make and exhibit a true and perfect Inventory of all and Singular the said Goods Chattels and Credits and also to render a just and true accompt thereof when thereunto lawfully requested.  In Testimony whereof I have caused the prerogrative Seal of the province of New York to be hereunto affixed this twenty seventh day of May one thousand seven hundred and fifty two.

Jno Ranyar D Secry"


Images of Pages of the Will of Philip Pell I




December 21, 1751 Will of Philip Pell, Sr., Proved May 27, 1752,
Ancestry.com "Record of Wills, 1665-1916:  Index to Wills 1662-
1923, New York Surrogate's Court).  NOTE:  Click on Image
to Enlarge.



December 21, 1751 Will of Philip Pell, Sr., Proved May 27, 1752,
Ancestry.com "Record of Wills, 1665-1916:  Index to Wills 1662-
1923, New York Surrogate's Court).  NOTE:  Click on Image
to Enlarge.


December 21, 1751 Will of Philip Pell, Sr., Proved May 27, 1752,
Ancestry.com "Record of Wills, 1665-1916:  Index to Wills 1662-
1923, New York Surrogate's Court).  NOTE:  Click on Image
to Enlarge.


December 21, 1751 Will of Philip Pell, Sr., Proved May 27, 1752,
Ancestry.com "Record of Wills, 1665-1916:  Index to Wills 1662-
1923, New York Surrogate's Court).  NOTE:  Click on Image
to Enlarge.


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

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