And whereas, the said John Pell afterwards died intestate aud left Thomas Pell his eldest son and heir at law, by means whereof the inheritance and legal right to the said one hundred acres of land became vested in him, the said Thomas: And Whereas, the saitl 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 thereby, after several specific legacies, after declaring that his other sons had received their shares and proportions out of his estate, did give and bequeath unto his son Joseph Pell, iu 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 bis last will and testament, and thereof did ordain and constitute his wife, the aforesaid Phebe Pell, aud 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.