Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1890-10-24

1
next October at Halifax.
This charter was renewed June II, 1860,
because the Intervention Of an Indian war
since the making Of said Grant had made
compliance with its conditions impracticable;
aud again July 6, 1861, for the same reasons.
The town was surveyed into lots for divi-
sion among the proprietors, and a centre
line, which is often referred to for a bound
ary, was run parallel with the north and
south lines through the town This line
passes through the cemetery on top of the
hill north of Centreville. The draft of
lots among the proprietors is not now
found and probably is not in existence.
At about the time of the last renewal Of
the charter John Arms and Samuel Wells,
both of Deerfield, obtained the rights of
many of the proprietors whose lots were
north of the centre line and of 'Samp-
sons tract" probably the share Of Samp-
son Willard between the centre line and
the governors right They decided 1900
acres to Col. Josiah Willard of Winchester
October %. 1901 The boundary between
the provinces of New Hampshire and New
York was fixed by the king in council at
the west bank of Connecticut river July 20,
1864, and Brattleboro, with all the rest Of
what is now Vermont, became part Of the
province of New York Then many sup
posed that titles TO the lands must be &c
quired from the governor Of that province,
and this petition was presented
To the Honorable. Cadwaaddor Golden Esq
Lieut. Governor and Commander in Chief IN and
over the Provence Of New Norke & Territories de
pending thereon in America in Council October
9th 1865
The Petition Of Samuel Wells in behalf Of him
self * twenty other Persons Humbly Shews- That
there is Tract Of Land nov Lying in said Prov
ince Of New York, known by ye Name of Bratte-
borough Beginning at the Mouth Of Nenters
Brook called Where it enters Connecticut River
thence Running West 10 Moth to the South East
Corner of Marlborough about Six Miles thence
Five miles North 10 Degrees East by Marlborough
aforesaid to a stake and stones in said Line thence
East ten Degrees South To Connecticut River
aforesaid thence down said River to We Bounds
forst mentioned v here Nenters Brook einptys into
sd River on which said Tract Of Land your Peti.
toner and Associates have Settled themselves
and have Improved a Considerable part OF said
Land in Consequence Of Grant made Of said Tract
under the Seal Of the Province Of New Hamp.
SHIRE, but Finding 10y his Maiestys order in Coun
ell Of the twentieth Day Of July 1854 that the Be.
aforementioned Tract of Land is within the Prov.
ince Of New York. and your Petitioner and his
Associates Being desirous of securing their Pos
sessions Property and Improvements by Obtain.
ing his Majesty's Grant under the Seal Of this
Province Your Petitioner therefore in behalf OF
himself and his Associates, Humhly Pray, that
your HOnors will be- Favorable pleased to Grant
10 your Petitioners and his Associates Their Hers
and Assigns Forever The Tract Of Land above de
scribed 4 incorporated into Town a Vested
with the Privileges usually granted to other towns
within this Province, as IA Duty bound shall ever
pray. SAML. WELLS.
Associates; David Wells Joseph Barnard, jun,
Susanah Arms, Nathan Willard, Eakm Arms,
Remembrance Sheldon, John Arms, Daniel Arms,
Joseph Smead, Hannah Wells, Wildar Willard,
William Arms, Elijah sheldon, Seth Calling, Jo.
seph Barnard, David Holt, Elisha Hindsdale, Saml.
Taylor Henry Wells Amasa Sheldon.
None of these were settlers but Samuel
Wells, John Arms, Nathan Willard and
Wilder Willard. Susanah Arms was the
wife of John Arms and Hannah Wells the
wife of Samuel Wells In granting lands
to private persons only 1000 acres to
each were allowed, and twenty grantees
were necessary. The charter was granted
as prayed for July %, 1866, to all but Jo-
seph Barnard and an annual quit rent of
two shillings and six pence per 100 acres
was reserved In it to the king. All the
grantees but Samuel Wells and wife
conveyed their shares to him July %, 1865:
he and his wife conveyed her share to
John Arms August 13, 1866, and John
Arms conveyed that share to him August
%, 1866. This completed in him the whole
New York title
The right of 800 acres reserved TO Gov.
Benning Wentworth in the New Hampshire
charter, covering three-quarters of mile
along the river 10y the village and extend
ing west beyond where Centrevile is, re
mained in doubt He had built a grist mill
on it just west of the bridge near the
mouth of MILESTONE brook in 1862. On
June 8, 1867, Gov. Moore of New York
wrote to Lord Shelburne in respect to it
'Mr, Wentworth afterwards desires that
his claims in the Township of Brattlebo-
luuBu anu INoChliBudll ullEul bb httuItu
to him in consideration of his improve
ments made there, which was accordingly
done but all the Reservations for him
which were uncultivated we're declared re-
vested in the Crown" John Arms, then
Major Arms, probably owned the grist mill
and Samuel Wells, then Judge Wells, owned
a saw-mill at the same place in 1862 hay
ing probably bought out Gov, Wentworth S
improvements, according to tradition, for
five oxen. Any deed of this tract made at
that time should have been recorded in the
land records of Cumberland county or the
colonial secretary's Office at Concord but
none is to be found in either place, and per
haps none was made. When Vermont set
up as an Independent state all New York
titles were by the constitution declared void,
This tract, which is perhaps as valuable now
as any single private grant in the state, is not
holden by any connecting chain of title
which the courts of the state could uphold.
Still no owner in it need fear on that
account, for Judge Wells conveyed it to
Esquire Stephen Greenleaf August 13,
III, by deed duly recorded, and titles
within the tract are held under that deed
which became good by possession more than
a hundred years ago.
shaken OuI of Genr