Friday, January 16, 2015

TREASURE CHEST THURSDAY: Casper Kimber and the NYC Common Council Minutes

This post was originally published September 5, 2014 on my other blog Casper Kimber Connections


7th Great Grandfather Casper Kimber was involved in a court suit per the Minutes of the Common Council of the City of New York, Volume IV, published under the Authority of the City of New York; Dodd, Mead and Company, 1905.


The following is from the Council Minutes dated July 27, 1733, pages 185-186:




Minutes of the Common Council of the City of New York, Vol IV, page 186 

   “Whereas Mr. Thomas De Kay (who hold and is in Possession of a Certain Tract of Land in the Out Ward of this City, which, the 21th day of July 1701 was Granted by this Corporation to his father Jacob De Kay and to his Heirs and Assigns for Ever with Convenants of Warranty &c:) hath made Application to this Court that he hath lately been served with a Lease of Ejectment for part of the Said Land in the Name of one [305] Caspar Kimber on the several Demises of Cornelius Cortrecht, & Margaret Cortrecht also on the demise of Adolph Benson and Eva his wife, Mitie Cortrecht, Susannah Cortrecht, Arent Cortrecht, and Lawrence Cortrecht Infants &c: and prays this Corporation will give such Instructions to his Counsel to defend the Said suits as to them shall appear Adviseable &c:  It is therefore hereby ORDERED that Alderman Cruger, Alderman Stuyvesant, Alderman Rutgers, Alderman Roosevelt, Mr. Chambers Mr. De Peyster and Mr. Roos or any four of them be A Committee to Enquire what Right or Title the Plaintiff in Ejectment or any Other Person or Persons have or Claim to the Lands in Question, and the Quantity thereof, that they Call to their Assistance the Surveyors of this City or one of them, and make a true State of the Matter as it Shall Appear to them. That the said Committee do also Enquire what Encroachments are made upon the Lands of this Corporation to the Westward of Harlem Line, and by whom, and make their Report with all Convenient Speed.”


Upper Manhattan was known as the Out Ward comprising the Bowery and Harlem divisions. It’s clear the De Kay family owned the land but I’m having difficulty interpreting Casper’s role as the plaintiff in the court suit. A lease of ejectment was used to regain possession of real estate held by another. Demises means transferred by will or lease. I wonder if the Cortrecht’s and Adolph Benson were turning their leases over to Casper or perhaps vice versa. Or did Thomas De Kay renege on some agreement with Casper and his other tenants? I don’t know why the number 305 appears in brackets prior to Casper’s name.


More details emerged in the Council Minutes Nov. 4, 1734, page 234:


  “ORDERED that Alderman Bayard, Alderman Johnson, Alderman Fell, Mr. Moore, Mr. Leroux and Mr. Myer or any four of them be a Committee to Enquire into what Title Casper Kimber (on the several Demsies of Cornelius Courtrecht and Others) hath to some Lands in the Out Ward of this City near the Harlem Line formerly sold by this Corporation to Jacob Dekey, and make A Report of their Opinion what will be proper for this Corporation to do in that Affair with all Expediton.”


Several years later court orders were issued in the Council Minutes Feb. 28, 1737[-8], page 411:


“No 751 Warrant Issued
ORDERED the Mayor Issue his Warrant to the Treasurer to pay to Mr. Joseph Murray or Order the sum of Seven pounds Current Money of this Colony in full of his Acct. for fees in an Action lately depending in the Supream Court of this Colony wherein Thomas Dekey as Defendant at the suit of Casper Kimber on the Demise of Cornelius Cortrecht & Others was Plaintiff in Ejectment as appears by his Acct. which is Audited and Allowed”

“No 752 Warrant Issued
ORDERED The Mayor Issue his Warrant to the Treasurer to pay Mr. William Smith or Order the sum of Nine pounds Nine Shillings and three pence Currt. Money of this Colony in full of his Acct. for fees in an Action lately depending in the supream Court of this Colony in Ejectment wherein Casper Kimber on the Demise of Cornelius Cortrecht & Others were Plaintiffs agt. Thomas Dekey Defendant as appears by his Acct. which is Audited and Allowed”


Well, the suit went to the Supreme Court of the New York Colony. Remember New York was part of British America at this time. Mr. Joseph Murray was an attorney for the New York Corporation and received seven pounds for his services. Perhaps Mr. William Smith was also an attorney.

This is all the information I have about the court case. I would love to know what happened. Readers, your help would be appreciated! Please comment if you can add to Casper’s tale.


My line of descent:
7th Great Grandfather Casper Kimber and wife Femmetje Williamse
6th Great Grandfather George Kimber and wife Sara Westfael
5th Great Grandfather Samuel Kimber and wife Maria Bennett
4th Great Grandfather Benjamin Kimber and wife Keziah Bennett
3rd Great Grandmother Charity Kimber and husband William P. Clark
2nd Great Grandfather Jeremiah B. Clark and wife Harriet C. Ogden
Great Grandmother Grace Lee Clark and husband Jerome Walter Wilson
Grandmother Viola Lillian Wilson and husband Frank Leroy Doty
My Mother
Myself




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