Tredyffrin Easttown Historical Society
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Source: April 1939 Volume 2 Number 2, Pages 39–40

Local titles in Easttown and Tredyffrin : Article V : The Joseph C. Smith tract

Howard S. Okie

Page 39

The portion of this large tract, lying within the 250 acre tract and the ownership of which is now to be shown, is comprised in the ground marked "Smith" on the accompanying plan obligingly made by Mr. Boyle Irwin. The piece of two acres is in the neighborhood of the William H. Doyle stables, while the piece of 30 acres extends northwardly therefrom to the south line of the Fox Tavern or Joseph Williams Estate property. The issue of this magazine of July, 1938, shows at page 27 by deed B-3-140 from William Neill and wife to William Torbert, that Elizabeth McCullough was to have the use of the spring in the John M. Okie field, just west of the home of Mrs, Catharine Dyson. This is of interest as showing that an old house once stood near the present spring. In its time the spring and its stone house were manifestly adjuncts of the old house and barn on the opposite side of the turnpike, the former now the home of Mr. N. DelRoy Acker and the latter made into the former Wynburn Inn. This old house, west of the Wynburn, is close to the east line of the 250 acre tract.

By the deed preceding the deed referred to, Christian Houseman and wife are shown to have sold 15 acres to William Neill by W-2-19. In 1804 he and Margaret his wife, by Y-2-133, conveyed to Elizabeth McCullough for the consideration of $75.

Land in Easttown beginning at a stone on the north side of the Philadelphia and Lancaster Turnpike Road, thence by land of John Killock and Robert McClenachan N. 28 1/2° W. 23 p. to a stone a corner of William Neill's ground, by same S. 79 1/2° W. 4.5 p. and S. 28 1/2° E. 22, 6 p. to a stone by the side of said road and by said road N. 83 1/2 ° E. 4.5 p. to beginning. She to have the use in common of the spring of water on the west of the lot conveyed.

By sheriff's deed acknowledged in 1807, C-3-20, the lot, now described as having a house on it, was conveyed to William Torbert, and by deed 3-5-443 in 1845, and preceding deeds, etc., the title to the 30 acre piece is continued into Benjamin Kugler. Page 22 of October, 1938, "Quarterly."

Editor's Note: Inthe following paragraph the word "messuage" is a property law term meaning a dwelling together with its outbuildings, yard, and the adjacent land.

In 1847, Benjamin Kugler of Charlestown Township and his wife, Susanna, for the consideration of $1300, conveyed a messuage and land in Easttown, containing 30 acres, to John S. Smith and Joseph C. Smith:

Beginning at a stone a corner of Benjamin Weatherby's land, thence by same S. 53 3/4° W. 28.16 p. to a stake a corner of John Kugler's land, by the same N. 25° W. 83.8 p. to a stake a corner of said Kugler's land, by same S. 70 1/4° W. 9 p. to a stake a corner of John Kugler's land, by same N. 25° W. 42 p. to a stake, by said Kugler's land N. 26° S. 3 p. to a stone, by said land N. 8° W. 44.48 p. to a stake a corner of said land and land of Henry Bell, by said Bell's land N. 71 1/4 ° E. --- to a stake, by land of Joseph Lewis, John Taylor et al. S. 26 1/4° E. 163 p. to beg. E-5-518.

Page 40

In release recorded in Miscellaneous Deed Book 16 at page 310, it is recited that John S. Smith died seized of his interest in the 30 acres, leaving to survive him his brother Joseph C. Smith and 3 sisters -- Sarah Ann John, wife of William John, Charlotte Dance, widow of John Dance, and Eliza C. Baldwin, wife of Thomas Baldwin. There were releases of these interests to Joseph C. Smith, appearing in Miscellaneous Deed Books 11 at pages 104 and 328, and 16 at page 310.

The acquisition of further data will doubtless indicate with certainty the location of the old house on the south side of the Lancaster Turnpike, with respect to this 30 acre tract and it should amplify the information now available as to the two acre piece to the south. Starting here then with Whitehead Weatherby, whose will, proved August 30, 1821, at West Chester, appears in Will Book 0 at page 19, we find a devise as follows:

I give and devise to my Son Joseph Weatherby four Acres of Woodland to be surveyed and taken of the land I live on beginning at a Limestone a corner of William Torberts land from thence down the line of William Torbert of late deceased so as to keep clear of the run by two rods the said four acres of land I give and devise to him the said Joseph Weatherby him heirs and assigns forever.

And in the will of Joseph Weatherby proved February 10, 1830, and appearing in Will Book Q at page 275, we find a devise to his brother Benjamin Weatherby of the 4 acres devised by the will of Whitehead Weatherby.

Of this ground, 2 acres was conveyed by Benajmin Weatherby in 1856 to Joseph C. Smith:

Beginning at a stone set for a corner of other lands of Joseph C. Smith and in the line of Henry Root's land, S. 28 1/2° E. 7 3/4 p. to a stone a corner in line of Griffith Weatherby's land, by same S. 52° W. 42 p. to a post a corner in line of said Griffith Weatherby's land and by same N. 28 1/2° W. 7 3/4 p. to a post a corner of Griffith Weatherby's land, by other land of said Benjamin Weatherby and land of John Kugler and by other land of said Joseph C. Smith N. 52° E. 42 p. to beginning. I-6-62. (Z8-V0I. 197 p. 330).

Title to this 32 acres remained in Joseph C. Smith for some considerable time and afterwards, in other members of his family. The Warren Avenue section north of the railroad came into the possession of Charles N. Thorpe and was developed by him. South of the railroad the Smith development included the road leading toward Devon from near the tunnel under the railroad, Smith's Pond, several enclosed springs and an enormous windmill close to the railroad, for supplying water to three houses. This windmill, then out of use, was not unfortunately destroyed by fire 30 years or so ago.