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Chapter XXVIII
The Township Of Tinicum. | |||
pher Taylor also in open court "delivered up Arnoldus Delegrange receipt to Robert Turner for one hundred pounds old England money as alsoe the said Christopher Taylor did promise to Save the said Arnoldus Delegrange harmlesse from all Damages that may Accrue thereby." The same day "Arnoldus Delegrange Past over a deed in open court unto Christopher Taylor for ye Island Commonly known by the name of Mattinnaconcke, bearing Date the 2d of the 12th moneth 1684." This Christopher Taylor had been a teacher of a classical school in England, in which country he was imprisoned for his religious opinions, - adherence to the society of Friends. In 1682 he emigrated to Pennsylvania, first settling in Bucks County, which he represented in the Assembly held at Chester, Dec. 4, 1682, acting in that body as chairman of the Committee on Election and Privileges, and was also one of the "Committee of Foresight" for preparation of provincial bills. In July, 1684, he was one of the justices of Chester County, and doubtless had then settled at Tinicum, which, after he had acquired title, he termed "College Island," because, as it is believed, he there had a school in the higher branches of education. The fact that he surrendered to De La Grange a receipt given by the latter to Robert Turner, leads to the impression that the latter had entered into an agreement with De La Grange for the purchase of Tinicm, and that Turner had made the contract for Taylor, or had transferred to him his interest in the agreement of sale. Turner appears to have been an intimate friend of Christopher Taylor, for the latter, dying in 1686, made him his executor of his will. It appears that Taylor in his lifetime had sold the island to Ralph Fretwell, and after his death Turner brought suit as executor against Fretwell for £590 17s, 9d. At the sheriff's sale the property was purchased by Turner. Isaac Taylor, who was not satisfied with the disposition the testator had made of his property, "putt in Cavett against ye Probate of his father's will," but subsequently withdrew it.1 As executor, on the 9th of First month, 1697-98, Turner by deed conveyed to Israel and Joseph Taylor, the sons of the decedent, and to John and Marie Busly - the latter a daughter of the testator - the Island of Tinicum. At the same court, Joseph Taylor, John and Marie Busly, conveyed their two-thirds interests in the Island to their brother, Israel, who was formerly sheriff of Bucks County, and, as it appears, to pay them for their part of the estate, he was compelled to borrow the money on mortgage from Turner. | 1 Colonial Records, vol. i. p. 195. | ||
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As one of the most noted civil cases in the judicial annals of our State, that of Paul B. Carter vs. The Tinicum Fishing Company, which was continued in litigation for over thirty years, grew out of the title thus acquired by Israel Taylor to the island, it is proper in this connection to hastily present the historical side of that noted case. Israel Taylor, who was a physician and practiced his profession at Tinicum, died subsequent to 1709, for, in the address of the General Assembly to Governor Goodkin, in alluding to the injurious effect of the issuing of special marriage licenses by the Governor, the document gives as an instance the case of "Israel Taylor, whose Daughter had liked to have been stolen by Coulour of a Lycense lately granted to one James Barber, of Chester County."2 Israel Taylor died leaving, so far as I have information, four sons and six daughters, as follows: Christopher, Thomas, Benjamin, and Samuel Taylor, Mary (who married Jonas Sandelands), Dianah Cartman, Hannah Lloyd, Eleanor Molloy, Sarah Bailey, and the wife of Enoch Elliott. Christopher, the grandson of the first Christopher Taylor, was married, but his wife dying before him, apparently without leaving children, he made a will Dec. 8, 1748, and died shortly after, for the testament was admitted to probate on the 24th day of the same month. The will contained a clause as follows: | 2 Ib., vol. ii. p. 455. | ||
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"I give and devise unto the said David Sanderlin my fishing place to him and his heirs forever and likewise it is my will that he shall have the help and use of my negroes Milford and Harry, one month in each year in fishing time, till they respectively attain to thirty years of age. I give and bequeath to David Sanderlin aforesaid my negro boy Tinnecum till he attain to thirty years of age and then to be set free." David Sandelands died intestate within four months after the death of his uncle, Christopher Taylor, and letters of administration on his estate were granted to his sisters, Rebecca Smith and Mary Claxton, with their husbands. Mrs. Claxton died in 1750, but in October, 1752, the jury appointed to partition the lands and tenements of David Sandelands awarded the fishery to the heirs and legal representatives of Mary Clayton, "dividing the said fishery into five equal parts," The court, in 1754, approved the petition made by the jury. Between the years 1796 and 1805, Joseph Carter purchased by three deeds the five shares of this fishery allotted to the heirs of Mary Claxton, and in the last deed, that of 1805, the fishery was described as "Beginning at the mouth of Darby creek and extending up the river Delaware as far as necessity may require for the benefit of fishing or that ever was made use of." Joseph Carter died Feb. 2, 1830, and by his will, dated July 16, 1828, he devised his fishing-place at the Lazaretto to his two sons, Joseph and Cloud, as tenants in common.3 In 1832, William Carter purchased Cloud Carter's interest in the fishery. The following year Joseph Carter died without children, and letters of administration were granted to his brother, William Carter, who, already owner of one-half of the fishery by purchase, began proceedings in partition, and in those proceedings the sheriff, Jan. 12, 1834, advertised the estate to be partitioned as "the right and privilege of fishing in the river Delaware from | 3 Thomas Maxwell Pott's "History of the Carter Family, "p. 66. | ||