THE TOWN OF NEW ROCHELLE. 659 



of Pelham, and being so seized did sell the said six thousand acres of land to one 

 Jacob Leisler, and did set apart the remaining one hundred acres of land for the 

 use of the French church, erected or to be erected by the inhabitants of the said 

 six thousand acres called New Rochelle. But the said John Pell never did dis- 

 pose or divest himself of the legal estate and right in and to the said one hundred 

 acres of land. And whereas, the said John Pell afterwards died intestate and 

 left Thomas Pell his eldest son and heir at law, by means whereof the inherit- 

 ance and legal right to the said one hundred acres of land became vested in him, 

 the said Thomas: And Whereas, the said Thomas Pell on the third day of 

 September in the year of our Lord one thousand seven hundred and thirty -nine, 

 did in due form of law make his last will and testament; and therein, and there- 

 by, after several specific legacies, after declaring that his other sons had re- 

 ceived their shares and proportions out of his estate, did give and bequeath unto 

 his son Joseph Pell, in fee simple, all and singular his land, meadows, houses, 

 tenements, buildings and so forth, which then belonged unto him, by means 

 whereof the legal right and estate in and to the said one hundred acres of land 

 became vested in him the said Joseph Pell, Jun. And whereas, the said Joseph 

 Pell on the thirty -first day of August in the year of our Lord one thousand seven 

 hundred and fifty-two, did make his last will and testament, and thereof did 

 ordain and constitute his wife, the aforesaid Phebe Pell, and his friend John 

 Bartow, (who hath since legally renounced the same) and the said Samuel Sneden 

 and Jacobus Bleecker, parties to these presents to be Executors, and did thereby 

 give and grant unto them his full power, strength and authority in and over all 

 his goods, chattels, lands and tenements, to take and use all lawful ways for the 

 recovery and defence of the same against any encroachments, depredations, claims 

 or demands of any person or persons whatsoever; and did likewise impower them 

 if there should be any need thereof, to sell any part of his lands as to them should 

 seem meet to enable them to carry on any suit for the defence of the rest. And 

 whereas, after the decease of the said Joseph Pell, a certain fraudulent deed was 

 so exhibited and set up, by which one Caleb Pell, a brother of the said Joseph, 

 did claim the chief part of the real estate of him the said Joseph Pell as the gift 

 of him the said Thomas Pell, the father to him the said Caleb Pell. And tohereas, 

 they the said executors of the said Joseph Pell, parties hereto of the first part, in 

 consequence of said claim were obliged to lay out and expend divers large and 

 considerable sums of money to defend and secure the estate of the said Joseph 

 Pell against the same, and there still remains due upon that account one hundred 

 pounds, which they have been obliged to borrow and take up at interest ; and 

 they the said parties of the first part, in order to discharge and satisfy the same, 

 do find it necessary to dispose of part of the real estate of their said testator and 

 have accordingly agreed to grant and release all the right and title of their said 

 testator in and to the said one hundred acres of land before mentioned and here- 

 after described for the consideration thereafter mentioned to him the said David 

 Guion. Now Therefore This Indenture witnesseth, that they the said parties 

 of the first part, in pursuance and by virtue of the power and authority in them 

 reposed and to them given by their testator for and in condsideration of the 

 sum of one hundred pounds current money of the province of New York, to them 

 in hand paid by the said David Guion, at or before the ensealing and delivery of 

 these presents, the receipt whereof they do hereby acknowledge and themselves 



