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other of the 5-acre lots. The following are the transfers : —



LAND TITLES IN OLD PITTSTON 35

Aug-. 3, 1768, Silvester Gardiner to Benjamin Fitch of
Gardinerston, Millwrig-ht ; May 14, 1770, Fitch to William
Gardiner of Boston, Gent. ; Sept. 25, 1783, William Gardi-
ner to Joseph Silvester of Pittston, cabinet maker, with other
land; Mar. 28, 1785, Joseph Silvester to John Silvester of
Pittston. cordwainer; July 16, 1789, John Silvester of Bos-
ton, Mariner, to William Barker of Pittston, Trader; Aug-.
14, 1794, Barker to Robert Sever of Pittston, Carpenter;
Mar. 23, 1798, Sever to James Bowers of Pittston, Clerk ;
Nov. 19, 1802, James Bowers of Marblehead to Jeremiah
Wakefield of Pittston, carpenter; Nov. 5, 1807, Wakefield
to David Lincoln of Gardiner, mariner, July 19, 1824, Polly
Lincoln as guardian of minor children of herself and David
Lincoln to Robert H. Gardiner; Oct. 17, 1851, Gardiner
to Sedgwick L. Plummer; Jan. 12, 1853, Sedgwick L.
Plumer to Arthur Plumer ; May 14, 1856, Arthur Plumer to
Frederic A. Butman of Dixmont ; Dec. 7, 1863, Butman of
San Francisco to Stephen W. Tarbox ; Feb. 19, 1870, Tar-
box to Sophia W. Rogers; Apr. 24, 1901, George L. and
George W. Rogers to Maria Lancaster; June 5, 1901, Lan-
caster to Nancy E. Potter; Oct. 19, 1909, Potter to Robert
H. Gardiner.

The first R. H. Gardiner lived for some time on this lot
before the completion of his Oaklands mansion in 1836. vS.
W. Tarbox built a house there which was occupied suc-
cessively by himself, Rogers, Lancaster and Potter. It was
burned in 1907.

Lot No. 17 was deeded by vSilvester Gardiner to Denis
Jenkins of Gardinerstown, Ship Carpenter, Aug. 10, 1768.
He conveyed to William Barker Mar. 10, 1778.

Lot No. 18 was deeded by Silvester Gardiner to Zacharias
Flitner of Gardinerstown,. Surgeon, Sept. 23, 1765. He con-
veyed to Henry Smith Sept. 27, 1773.

Lot No. 19 was deeded by Silvester Gardiner to Henry
Smith of Gardiners Town, Sept. 23, 1765.

Lot No. 20 was deeded by Silvester Gardiner to William
Low of Gardinerstown, Taylor, Aug. 2, 1768, and by Low
to Henry Smith, Sept. 14, 1768.

Lots 18, 19 and 20 were conveyed by Henry vSmith to John
Bernard of Boston, July 17, 1775, and by Bernard, "now



36 LAND TITLES IN OLD PITTSTON

residing at Pownalborough", to William Barker, Apr. 18,
1776.

Lots 17, 18, 19 and 20 were conveyed by William Barker
to Eleazer Tarbox March 5, 1781. After this there was con-
siderable interchange of the land between the members of
the Tarbox family, but most of the tract remained in the
possession of the family until within a comparatively recent
period. The last to live there was William Tarbox who
died Apr. 24, 1873. The house was burned a few months
previous to his death. Its site may still be distinguished by
the remains of the cellar and by the thicket of lilacs which
enclosed it during its latter days. This whole Tarbox tract
has been purchased within a few years by Robert H. Gardi-
ner, the present owner of Oaklands. By this acquisition,
together with purchase of Lot No. 16, of which mention has
already been made, he has extended the bounds of Oaklands
to Cottage wStreet.

Two modifications have taken place in the boundaries of
the 5-acre lots, which should perhaps receive some notice.
Between No. 2 and No. 16 they did not extend as far west
as Dresden Street. After that street had been laid out, the
owners as a rule bought of Robert H. Gardiner the land ly-
ing between the rear line of their lots and the street. At
the opposite end, when the railroad was built, most of the
land between the River Road and the river was appropriated
for that purpose. Some of it the Railroad Company pur-
chased outright, while of some the fee remains in the former
or present owners of the lots, I have not attempted to trace
or to give an account of these changes.



IX.— LOTS NORTH OF THE COBBOSSEE

By the plan of John McKechnie, dated Nov. 14, 1763,
some 8-acre and 10-acre lots, not less than thirty nine in
number, were laid out north of the Cobbossee. Twenty of
these lots were conveyed by Dr. Gardiner, but with the ex-
ception of Nos. 5 and 17, they were subsequently re-con-
veyed to him, or were forfeited for non-performance of con-
ditions. As Nos, 5 and 17 cannot be traced to subsequent
owners, it is probable that their history was the same as that



LAND TITLES IN OLD PITTSTON 37

of the others. When Solomon Adams made his plan in 1808,
the old lines were ignored and a new division of the land
was made. The original lots are therefore of little impor-
tance except as showing the names of some of the persons
who were concerned in the early settlement of Gardiners-
town. For that purpose an abstract of the deeds will now
be given.

No. 1. Silvester Gardiner to Senear Door, Aug. 1, 1764.
Beginning on the N. side of Cobbisseconte Stream, about 30
poles northwest of the Saw Mill at a heap of stones on the
road, thence N. N. E. 53 poles to a road, then W. N. W. 24
poles on said road, then S. S. W. 53 poles to the highway,
then E. S. E. 24 poles to the pile of stones first mentioned,
containing about eight acres. Beniah Door deeded to Wil-
liam Everson, schoolmaster, July 17, 1766, and Everson to
Silvester Gardiner. May 14, 1770.

No. 2. Silvester Gardiner to Daniel Tibbetts. Not re-
corded. Description is from mortgage from Tibbetts to
Gardiner, Sept. 19, 1766. Beginning at S. end of western
line of Lot No. 1, thence on said line 53 poles to a road, then
W. N. W. 24 poles to eastern line of Lot No, 3, then S. S.
W. 53 poles to a road, then E. S. E. 24 poles to first bounds,
with buildings thereon, containing about 8 acres. Forfeited.
No. 3. Silvester Gardiner to William Philbrook, Dec. 1,
1765. Beginning at S. end of western line of Lot No. 2,
thence N. N. E. on said line 53 poles to a road, then N. N.
W. 24 poles, then S. S. W. 53 poles to first mentioned road,
then E. S. E. 24 poles to first bounds, containing about 8
acres. William Philbrook, blacksmith, reconveyed to Sil-
vester Gardiner, Aug. 2, 1773.

No. 5. Silvester Gardiner to Samuel Berry, Oct. 1, 1765.
Beginning at S. end of western line of Lot No. 4, thence N.
N. E. 53 poles to a road, then W. N. W. 24 poles to a cross-
road, then S. S. W. on said road 53 poles to the front road,
hen on said road 24 poles to first bounds, containing about
8 acres. Hanson says that this lot was "near the first dam
on the Cobbossee."

No. 6. Silvester Gardiner to Solomon Tibbetts. Not re-
corded. Tibbetts reconveyed to Gardiner Aug. 2, 1773.
Beginning on road 4 poles wide at S. S. W. end of E. line of
said lot, thence N. N. E. on W. side of Paul Kenny's lot to



38 LAND TITLES IN OLD PITTSTON

a road 6 poles wide 53 poles, then W. N. W. on S. side of
said road 24 poles, then S. S. W. on E. line of a road to a
road 6 poles wide, then E. S. E. 24 poles to first bounds,
with buildings thereon, containing about 8 acres. There is
an error in above description. Kenny's lot was W. and the
4-pole road E. of No. 6.

No. 7. Silvester Gardiner to Paul Kenney, Sept. 18, 1766.
Beginning on a road 4 poles wide at the S. S. "W. end of the
E. line of No. 7, thence N. N. E. on the W. line of Solomon
Tibbett's lot to a road 6 poles wide 53 poles, then W. N. W.
on S. side of said road 24 poles, then S. S. W. on E. line of
Stephen Kenny's 53 poles to another road 4 poles wide, then
E. S. E. 24 poles to first bounds, containing about eight
acres. Forfeited.

No. 8. Silvester Gardiner to Stephen Kenney, Sept. 18,
1766. Beginning at the S. S. W. end of the E. line of No.
8, thence N. N. E. on W. line of Paul Kenny's lot 53 poles
to a road 6 poles wide, then W. N. W. on S. line of said road
24 poles to another road, then S. S. W. on E. line of Lot
No. nine to another road 4 poles wide, then E. S. E. 24 poles
to first bounds, containing about eight acres. Forfeited.

No. 12. Silvester Gardiner to Ebenezer Tibbetts, Sept-
18, 1766. Beginning at the S. S. W. end of E. line of No.

12, thence N. N. E. on W. line of said Ebenezer's other lot
No. 13, 53 poles to a road 6 poles wide, then W. N. W. on S.
side of said road 24 poles, then S. S. W. on E. line of lot No.
11, 53 poles to another road 6 poles wide, then E. S. E. 24
poles to first bounds, containing about eight acres. Forfeited.

No. 13. Silvester Gardiner to Ebenezer Tibbetts. Sept.
18, 1766. Beginning at the S. S. W. end of the E. line of
No. 13, thence N. N. E. on W. line of Henry Bickford's lot
53 poles to a road 6 poles wide, then W. N. W. on said S.
side of said road 24 poles, then S. S. W. on E. line of said
Ebenezer's other lot No. 12, 53 poles to another road 6 poles
wide, then E. S. E. 24 poles to first bounds, containing-
about eight acres. Forfeited.

No. 14. Silvester Gardiner to Henry Bickford, Dec. 22,
1764. Beginning at the S. end of the eastern line of Lot No.

13, thence on said line 53 poles to a road, then E. S. E. 24
poles to western line of lot No. 15, then S. S. W. 53 poles to



LAND TITLES IN OLD PITTSTON 39

a road, then on said road 24 poles to first bounds, containing-
about 8 acres. Forfeited.

No. 15. Silvester Gardiner to Henry Bickford, Sept. 18,
1766. Beginning on a road 6 poles wide at S. S. W. end of
E. line of said lot, thence N. N. E, on W. side of said road
53 poles to a road 6 poles wide, then W. N. W. on S. side of
last mentioned road 24 poles, then S. S. W. on E. line of
said Henry's other lot No. 14, 53 poles to another road 6
poles wide, then E. S. E. 24 poles to first bounds, containing-
about 8 acres. Forfeited.

No. 17. Silvester Gardiner to Moses Bickford, Jan. 1,
1765. Beginning at a road at S. end of eastern line of Lot
No. 16, thence on said line N. N. E. 53 poles to a road, then
E. S. E. 24 poles to western line of Lot No. 18, then S. S.
W. 53 poles to first mentioned road, then W. N. W. on said
road 24 poles to first bounds.

No. 27. Silvester Gardiner to Nathaniel Denbow, Sept.
18, 1766. Beginning on a road six poles wide at S. S. W.
end of E. line of said lot, thence N. N. E. on a road sixty
poles, then W. N. W. 24 poles, then S. S. W. on Lot No. 28
sixty poles to a road 6 poles wide, then E. S. E. on said road
24 poles to first bounds, containing about 10 acres. Forfeited.

No. 32. Silvester Gardiner to Daniel Tibbetts. Not re-
corded. Description is from mortgage from Tibbetts to
Gardiner, Sept. 19, 1766. Beginning on a road 6 poles wide
a. S. W. end of E. line of said lot, then N. N. E. 66 poles to
a road 4 poles wide, then W. N. W. on S. side of said road
24 poles, then S. S. W. 66 poles to a road, then E. S. E. 24
poles to first bounds, containing about 10 acres. Forfeited.

No. 33. Silvester Gardiner to William Philbrook, Dec. 1,
1765. Not recorded. Description is from deed from Phil-
brook to Gardiner, Aug. 2, 1773. Philbrook received 62
pounds for his two lots, Nos. 3 and 33. Beginning at wS. S.
W. end of E. line of said lot, thence N. N. E. on W. line of
Daniel Tibbett's lot 66 poles to a road, then W. N. W. on S.
side of said road, then S. S. W. on E. line of David Phil-
brook's lot 66 poles to a road, then E. S. E. 24 poles to first
bounds.

No. 34. Silvester Gardiner to David Philbrook. Not re-
corded. Hanson says that Philbrook reconveyed to Gardiner,
Oct. 23, 1772, for 5 pounds. The deed is not on record.



40 LAND TITLES IN OLD PITTSTON

No. 35. Silvester Gardiner to Benaiah Door, Sept. 18,
1766. Beginning on a road 4 poles wide at S, S. W. end of
E. line of said lot, thence N. N. E. on W. line of David
Philbrook's lot 66 poles to a road 6 poles wide, then W. N.
W. on S. side of said road 24 poles, then S. S. W. on E. line
of Solomon Tibbett's lot 66 poles to a road, then E. S. E. 24
poles to first bounds, containing about 10 acres. Recon-
veyed to Silvester Gardiner, Aug. 2, 1773.

No. 36. Silvester Gardiner to Solomon Tibbetts, Sept.
18, 1766. Beginning on a road 6 poles wide at S. S. W. end
of E. line of said lot, thence N. N. E. on W. line of Benaiah
Door's lot 66 poles to a road 4 poles wide, then W. N. W. on
S. side of said road 24 poles, then S. S. W. on E. line of
Paul Kenny's lot 66 poles to a road, then E. S. E. 24 poles
to first bounds, containing about 10 acres. Tibbetts recon-
veyed to Gardiner, Aug. 2, 1773, receiving 50 pounds for his
two lots, Nos. 6 and 36.

No. 37. Silvester Gardiner to Paul Kenny, Sept. 18, 1766.
Beginning on a road 6 poles wide at S. wS. W. end of E. line
of said lot, thence N. N. E. on W. line of Solomon Tibbett's
lot 66 poles to a road 4 poles wide, then W. N. W. on S. side
of said road 24 poles, then S. S. W. on E. line of vStephen
Kenny's lot 66 poles to a road, then E. S. E. 24 poles to first
bounds, containing about 10 acres. Forfeited.

No. 38. Silvester Gardiner to Stephen Kinney, Sept. 18,
1766. Beginning on a road 6 poles wide at S. S. W. end of
E. line of said lot, thence N, N. E. on W. line of Paul
Kinney's lot 66 poles to a road 4 poles wide, then W. N. W,
on S. side of said road 24 poles, then S. S. W. on E. line of
Lot No. 39 sixty six poles to a road, then E. S. E. 24 poles
to first bounds, containing about 10 acres. Forfeited.

The conditions on which these 8-acre and 10-acre lots
were given were substantially the same as in the case of the
5-acre lots, except that the payment of six shillings annually
for the support of a minister was not required. Some of the
deeds contained the stipulation that the lot should not be
sold to any inhabitant until there were sixty families in the
plantation.

Nov. 22, 1773, Silvester Gardiner appointed William
Gardiner his attorney to enter into and take "possession &
seizen" of land mortgaged to him by Nathaniel Denbow,



LAND TITLES IN OLD PITTSTON 41

Paul and Stephen Kenny, Daniel and Ebenezer Tibbets,
Henry Bickford and Joseph Lawrance, because they had
"g-one off and left their respective places." William certi-
fied that he had done as directed Nov. 29, 1773. Lawrance's
land was east of the Kennebec ; all of the other lots named
were part of the tract north of the Cobbossee which we have
just been considering. The power of attorney and certificate
were recorded in Kennebec County in 1804.



X.— THE FORGED DEED

One other deed purporting- to have been given by Silvester
Gardiner appears upon both the Lincoln County and Kenne-
bec County records. It reads as follows: —

"Know all men to whom these presents shall come — Sil-
vester Gardiner of Boston in the County of Suffolk, and
Province of the Massachusetts Bay Esquire Sendeth Greet-
ing — Know ye that I the said Silvester Gardiner for divers
good causes and considerations me thereunto moving, as also
for and in consideration of the sum of hundred Pounds law-
full Money to me in hand well and truly paid by my loving
son William Gardiner of Gardinerston in the County of Lin-
coln and Province aforesaid Esquire, the Receipt whereof I
do hereby acknowledge have and by these Presents do give
grant bargain sell convey and confirm unto the said William
Gardiner, a certain Tract of Land situate lying and being in
Gardinerston in the County of Lincoln and Province afore-
said, beginning at the mouth of Cobbissecontee Stream on
the west side of Kennebeck River, and running Northerly up
said River from thence half mile and twenty Rods, from
thence running west North west until it meets Cobbisseconte
Stream, then to run southerly as the said Stream runs to
Cobbisseconte Pond, then to run on the northerly line of Lot
No. 11, commonly called Thomas Hancock Esqrs untill it
strikes Kennebeck River, then up the said River to the first
mentioned Bounds, with all the Buildings Mills Dams, to-
gether with all the Stock Farming Utensils on the farm
leased to Samuel Norcross which lease expired the fifth
March one thousand seven hundred & seventy nine with
every thing that lyeth happening being or accruing within
the Premises aforesaid, excepting those Lots of Land in the
aforesaid Premises that I have granted and given by Deed."

Then follow a covenant of warranty and other formal
parts. Dated December 1, 1774. Signed by Silvester Gar-



42 LAND TITLES IN OLD PITTSTON

diner, with a seal. Witnessed by John McKay and Edwd
Cazneau. Acknowledged before J. Hill, Justice of the
Peace. Recorded in Lincoln County, August 13, 1787.

The history of this deed, as collected from various sources,
is substantially as follows :

The settlement of Gardinerstown was begun in the fall of
1760, when Dr. Gardiner sent thither a company of eight
men. of whom five were accompanied by their families.
They sheltered themselves in log huts during the winter,
and in the spring entered actively upon their work. Within
a few years, Dr. Gardiner had "cleared a farm, built a num-
ber of houses, a fulling mill, a grist and saw mills, potash
works and a wharf, and done whatever was neccessary for
the prosperity of a village in its incipient state. He had
given away 50 or 60 lots of from five to ten acres each, in
the neighbourhood of his mills, and had aided the persons to
whom he had given them with money to erect their build-
ings."* Later he had sent his son William there to have
charge of the property and to collect the rents and other in-
come. Such was the condition of affairs at the breaking out
of the American Revolution.

When that event occurred, the sympathies of Dr. Gardiner
were with the mother country. Accordingly, like many
others of the same way of thinking, he left Boston in March,
1776, when it was evacuated by the British army, going first
to Halifax and from there to England, where he remained
until the close of the war.

The Massachusetts legislature passed some very severe
acts against the tory refugees, one of which directed the
Committees of Inspection and Safety to take charge of their
estates and lease them for the public benefit. Under this
provision William Gardiner was called upon to surrender his
father's property. He was obliged to submit for the time
being ; but on appealing to the Council, he was able to con-
vince the members that he was the real owner of the estate,
and that moreover he was loyal in his sentiments, whereupon
the property was restored to him. Whether, in order to
establish his ownership, he exhibited the deed, cr merely
informed the Council of its existence, does not appear.
*Ai;tobiography of Robert Hallowell Gardiner.



LAND TITLES IN OLD PITTSTON 43

William Gardiner afterwards acknowledged to Oliver
Whipple, his brother-in-law, and to Samuel Goodwin that
the deed had been forged for him by a British officer, for the
purpose of preserving the property from seizure by the Com-
mittee of Safety and from confiscation. Cazneau, one of the
pretended witnesses, testified that the signature of his name
was spurious and that he had never signed any such deed.
No person corresponding to the other witness, John McKay,
was ever found, and it was supposed that the name was ficti-
tious. Whipple also says that when he saw the deed there
was "noted up or annexed to it" a deposition of Cazneau's
in which it was declared to be a forgery, and that William
promised him to destroy both papers.* The promise, how-
ever, was not performed, and when William died in 1787, it
was found among his papers, and his brother and adminis-
trator, John Gardiner, had it recorded in Lincoln County.
Robert Hallowell Gardiner says in his Autobiography that
his uncle John

"told ray Mother of it, and in a half jocose way, said that
he meant to have it recorded and claim his share of the prop"
erty. This distressed my mother who would remonstrate
with him, that as he knew the deed to be a forgery he would
not be so dishonest as to endeavor to establish it. He would
reply that property was a creature of the law, and if law
would give it to him he knew of no reason why he should
not take it. My mother felt however that he had no inten-
tion of proving the validity of the deed, for it was in his
possession six years, during which he did not even have it
recorded, but was only meaning to tease his sister."

Mr. Gardiner was in error as to the deed's not being re-
corded. When John Gardiner died in 1793, it passed into
the possession of his son and administrator, William Gardi-
ner, who had it recorded in Kennebec County, and began an
action of ejectment against Robert Hallowell as guardian of
his son Robert for the possession of the Cobbosseecontee
Tract. The suit was in court about six years before it was
terminated by a verdict for the defendant.

"Depositions in memoriam of Whipple, Goodwin and Cazneau,
Countv Records.



44 LAND TITLES IN OLD PITTSTON

XI.— WILL OF SILVESTER GARDINER

After the conclusion of hostilities between Great Britain
and the United States, Silvester Gardiner returned to this
country, and resumed the practice of his profession in New-
port, R. I., where he died August 6, 1786. His will, with
four codicils, was probated in Newport, August 21, 1786.
In 1820 they were again probated in Kennebec County,
Maine, on petition of Robert Hallowell Gardiner, and the
original will and codicils are now on file in the Probate Of-
fice of that county. The following copies have been care-
fully prepared from the original papers:

In the Name of God Amen

I Silvester Gardiner, late of Boston in the County of Suf-
folk, now residing at Newport, in the County of Newport,
and State of Rhode Island and so forth physician, being of
Sound Understanding and Memory, for which I return my
most humble praise and thanks to my mighty and Merciful
Creator, and calling to mind the uncertainty of my Life, and
that it is appointed to all Men once to Die, do make and or-
dain this, my last Will and Testament.

First I do most humbly resign my vSoul to God, humbly
beseeching him to pardon all my Sins through the all suffi-
cient Merits and Mediation of my Blessed Saviour and most
Mighty Redeemer Jesus Christ. I Commit my Body to the
Earth from whence it was taken in Assurance of its Resur-
rection at the last day when the Lord Jesus shall change it,
that it may be fashioned like to his Glorious Body by his
mighty power whereby he is able to subdue all things to
himself. As to my burial, I desire it may be decent without
Extravagance, at the discretion of my Executors hereafter
mentioned. I order all my Debts and funeral Charges to be
paid as soon as Convenient after my Decease, such Worldly
Goods and Estate it hath pleased God to give me I dispose
of in the following Manner.

Imprimis, I Give and Devise unto my two vSons in Law
Robert Hollowell Esquire and Oliver Whipple of Portsmouth
in the State of New Hampshire in America Esquire all my
Cobbisecontee Tract of Land, so called at Gardinerston,
lying on the West Side of Kennebec River, Abutting on
Cobbisecontee great Pond, and lies on the North and South
Side of Cobbiseconte great River, as by the several grants to
me will appear. Also an Island on Kennebeck River con-
taining about One hundred and twenty Acres, which was
formerly called Lynd's Island, but now Gardiners Island,
and now Let upon Lease to Joseph Smith, the foregoing



LAND TITLES IN OLD PITTSTON 45

Island and Land on this Special Trust, for the Express fol-
lowing- purpose, (that is to say)

To and For the Sole use and Benefit of my Son William
Gardiner Esquire during" his Life, and afterwards to the
Heirs Male of his Body lawfully begotten, and in default of
such Heirs Male, then to the Eldest Daughter of the said
William Gardiner and the Heirs Male of her Body lawfully
begotten, and in default of such Issue Male or Female, I
Give and Devise all the aforementioned premises, to my
Grandson Robert Hollowell, Son to Robert and Hannah
Hollowell, and the Heirs of his Body lawfully begotten, and
in default of Heirs Male, then to the Eldest Daughter of the
said Robert Hollowell, and the Heirs Male of her Body law-
fully begotten, and in default of such Heirs, Male or Female,
of the said Robert Hollowell, then I Give and Devise the
aforementioned premises to my Grandson Silvester Whipple,
Son to Oliver and Abigail Whipple, and the Heirs Male of
his Body lawfully begotten, and in default of such Heirs
Male, then to his Eldest Daughter, and the Heirs Male of her
Body lawfully begotten; on this Condition, that in Case the
devised premises should pass to the Heirs Male of the said
Robert Hollowell, or the Heirs Male of the said Oliver
Whipple, in such Case the said Male or female heirs, Shall be
Obliged to change or procure his Name to be Changed from
Hollowell or Whipple, as the Estate may happen to pass to
the one or the other, to the Name of Gardiner, and in default
of such Issue Male or Female before specified, then to the


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