Home / Shonnard, Frederic, and W.W. Spooner. History of Westchester County, New York, from its Earliest Settlement to the Year 1900. New York: The New York History Company, 1900. / Passage

History of Westchester County, New York, from its Earliest Settlement to the Year 1900

Shonnard, Frederic, and W.W. Spooner. History of Westchester County, New York, from its Earliest Settlement to the Year 1900. New York: The New York History Company, 1900. 350 words

Besides undertaking to hold the Westchester settlers to the letter of their agreement with him, he asserted and attempted to legally enforce a claim to Cornell's Neck, which in 1646 had been patented by the Dutch director, Kieft, to Thomas Cornell, and from him had descended to his eldest daughter, Sarah, the wife of Thomas Willett and later of Charles Bridges. Shortly after the English government of New York had become established, Pell sought to oust Mrs. Bridges from the possession of Cornell's Neck, and in consequence of his arbitrary proceedings she, with her husband, brought suit to restrain him from interfering with her in the enjoyment of her inheritance. The action was tried before a jury on the 29th of September, 1005. It proved to be a test case as to the validity of Dutch grants in the whole territory which had been in dispute between New Netherland and Connecticut. Pell set up the plea that the so-called Cornell's Neck was comprehended within the tract that he had bought from the Indians in 1054; that the governor and council of Connecticut had taken " notice of this land to be under their government," and had licensed him to purchase it; and that any prior Dutch grant ought to be voided, since " where there is no right there can be no dominion, so no patent could be granted by the Dutch, they having no right." On the other hand, the plaintiffs alleged " ye articles of surrender, and the King's instructions, wherein any grant or conveyance from the Dutch is , confirmed." The jury promptly returned a verdict for the plaintiffs, with sixpence damages; and it was ordered "that the high sheriff or the undersheriff of ye North Biding of Yorkshire upon Long Island do put the plaintiffs in possession of the said land and premises; and all persons are required to forbear the giving the said plaintiffs or their assigns any molestation in their peaceable and quiet enjoyment thereof." Under this decision the absolute ownership of Cornell's Neck by the descendants of Thomas Cornell was never subsequently questioned.