Loyalist Estate Confiscations Resume in Monmouth County

As discussed in prior articles, at least 110 Monmouth County Loyalist estates were condemned in court and confiscated by the State of New Jersey; they were then sold at public auctions starting with four public auctions in spring 1779. These auctions were marred by scandals and irregularities, and created numerous hardships when the families of Loyalist men were ejected from the family farms that supported them. The New Jersey Legislature received several complaints about the confiscation and sale of estates in Monmouth County and held hearings into the misconduct of its Forfeiture Commissioners—Samuel Forman, Kenneth Hankinson, and Joseph Lawrence. The process of seizing and selling estates was so problematic (in Monmouth and some other counties) that estates auctions were halted.

In spring 1782, with most of New Jersey peaceful, the New Jersey government considered resuming Loyalist estate auctions. On May 22, the New Jersey Assembly read a petition from John Stillwell, Agent for Taking Charge of Forfeited Estates in Monmouth County. He had been appointed to the position in 1781 to help settle the accounts of the three commissioners, but Stillwell apparently was unable to successfully execute his office. His petition cited “sundry deficiencies in the act by which he was appointed." Just three days later, the Assembly considered a bill to resume auctions of confiscated estates. The bill failed by an 11-18 vote, despite the support of all three Monmouth delegates (John Covenhoven, Thomas Henderson, and Thomas Seabrook).

The Confiscation and Auction of Loyalist Estates Resume

Despite ambivalence in the legislature, Monmouth County leaders restarted the confiscation of Loyalist estates. According to a notice published in the New Jersey Gazette on June 6, the Monmouth County Court of Common Pleas considered a report from John Stillwell on April 25. It found several Loyalists guilty of "treasonable practices" and removed to New York. The June 6 notice announced that an auction would be held at Freehold on July 4 to sell the estates of eleven Loyalists (Gilbert Van Mater of Freehold; Andrew Bowne, Obadiah Bowne, William Rose, Stephen Hedges, Cornelius McClease, John Luffburrow and David Stout of Middletown; Joseph Williams, William Curtis and Joseph Allen of Shrewsbury). The Loyalists had the right to appear before the court to contest the confiscation.

The actions of the Monmouth County Court of Common Pleas seem contrary to the wishes of the New Jersey legislature. One of the court’s judges, David Forman, had clashed with the legislature on and off since 1777. Forman headed a vigilante group, the Retaliators, that was denounced by the legislature and Forman championed violence against Loyalists at a time when the war was calming down. It is no coincidence that the Monmouth Court’s moves to condemn Loyalist estates re-started on April 25—less than two weeks after the scandalous hanging of Joshua Huddy enraged the people of Monmouth County.

The Court of Common Pleas continued to condemn Loyalist estates through the summer. Joseph Williams (formerly of Shrewsbury), was a Loyalist who had one brother killed and a second brother die after being “emaciated” in a rebel jail. He had his estate confiscated on July 26, 1782 (but not sold until March 1784). An order signed by David Forman confiscated the estate of John Luffburrow (formerly of Middletown) on July 28.

Events in Monmouth County proceeded despite continued ambivalence in the New Jersey Legislature. In December 1782, Thomas Henderson of Freehold, serving in the New Jersey Assembly, introduced a bill to restart the auctions of Loyalist estates. The bill failed by a 14-15 vote despite the support of all three Monmouth County delegates.

Forman’s Court of Common Pleas plowed forward anyway. According to a notice published in the New Jersey Gazette on March 5, 1783, the Court of Common Pleas condemned the estates of eight more Loyalists (Jesse Smith, John Williams, William Salter, and Lydia Taylor of Shrewsbury; Moses Robins, and John Leonard of Upper Freehold; and Philip Bowne and Mercy Stillwell of Middletown). The notice advertised a public auction to be held at Freehold in April.

Nine months later, on February 17, 1784, the New Jersey Gazette printed a detailed advertisement from John Stillwell. Stillwell advertised three coming auctions to dispose of fourteen estates.

Five Middletown Township estates would be sold at the inn of William Snider on March 23: "a small farm with a house" of David Stout; "one eighth of a farm" of William Rose; "fifty acres of woodland" of Cornelius McClease, Jr.; "two sevenths of a farm at Matawan" of Obadiah Bowne and Andrew Bowne; "a valuable farm of between two and three hundred acres" of Chrineyonce Van Mater.

Six Shrewsbury Township estates would be sold at William Lippincott's tavern on March 24: "house and land" of John Borden; "house and land" of Nathaniel Parker; "house and land" of James Lippincott; “farm and upwards of one hundred acres of good land" of Joseph and Obadiah Williams; 400 acres of "wood-land" of Vincent Ashfield; "three ninths of the farm called Morrisdom" of Philip Kearney, Michael Kearney, and Francis Kearney.

Three estates in Dover and Freehold townships would be sold at the county Court House on March 25: “480 acres, half of which is salt meadow with two story house and good barn,” of Joseph Allen in Dover Twp.; "large tract of pine land lying near Toms River and other pineland in Upper Freehold Twp.” of Oliver DeLancey; "three ninth parts of a farm" in Freehold Twp “on which Matthias Van Deripe now lives” of Philip Kearney, Michael Kearney, and Francis Kearney.

Two Monmouth County Loyalists whose primary estates were forfeited and sold in 1779 maintained plots of land in Middlesex County. According to notices printed in the New Jersey Gazette in 1784, 27 Middlesex Township estates were sold that year, including two holdings belonging to "Thomas Crowell of Monmouth" and one belonging to "Samuel Leonard of Monmouth"; the Political Intelligencer also advertised "the sale of 200 acres near South River" formerly belonging Leonard.

The final Loyalist forfeited estate auction for Monmouth County was advertised in the New Jersey Gazette to sell nine estates on February 23, 1786 at the county courthouse:

• 220 acre "plantation… whereon Captain John Covenhoven now lives" plus an additional 100-acre tract in Freehold;

• one-fourth of William Grover's estate in Upper Freehold;

• land of John Williams, Sr., in Freehold;

• "two fourths of a tract of land formerly owned by Philip Kearney and Cortland Skinner" (the General of the Loyalist New Jersey Volunteers) at Manahawkin;

• "all remaining parts of John Williams's estate" in Shrewsbury;

• "one-ninth of the estate called Morrisdom" owned by Cortland Skinner;

• "the remaining part of Joseph Allen's estate";

• "one fourth of the mill that's called Luffburrow's mill" [John Luffburrow]; and

• "a small plantation and two small lots of salt meadow lying at Conkaskunk, formerly Criney Van Mater's [Chrineyonce Van Mater]."

Totaling Up the Sales and Settling the Books

There are a number of account books and other documents related to collections from estate purchasers, monies owed to the state, and the expenses associated with the sale of the estates. It is difficult to reconcile the numbers in these documents and understand the inter-relationship between them. What is clear is that large amounts of money, sometimes more than £1,000, remained unpaid for certain estates as late as 1786. It is also clear that the primary responsibility for settling the account passed to John Stillwell; the original forfeiture commissioners—Forman, Hankinson, and Lawrence—were either voluntarily or involuntarily pushed aside.

A 1787 document suggests that two Monmouth County Loyalists whose estates were confiscated and sold, John Wardell and Samuel Osborne, were owed money related to the sale of their estates. Why these men were owed money is not stated, but they likely returned to Monmouth County after the war. Wardell was a judge of the county courts before the war; he returned to Shrewsbury after the war and became the minister of the Christ Church. Osborne was the county’s tax collector before the war; his post war status in Monmouth County is unknown.

There is no one complete list of forfeited estates in Monmouth County. There are several lists of forfeited estates that mostly overlap, but each contains or omits some estates found on other lists. In total, at least 110 estates were confiscated at the following times:

• Spring 1779: 78 estates condemned for sale;

• March 1780: 10 estates condemned for sale;

• February 1781: 5 estates condemned for sale;

• February 1784: 17 estates condemned for sale.

Of these 110 estates, 40 were from Shrewsbury Township, 38 from Middletown Township, 11 from Freehold Township, 11 from Upper Freehold Township, and 2 Dover Township. 8 estates belonging to Monmouth Countians were confiscated in Middlesex County and one each in Burlington and Essex counties). The Monmouth County holdings of seven wealthy non-resident Loyalists were confiscated: William Smith of Woodbridge; Oliver DeLancey of New York; Michael Kearney, Francis Kearney, Philip Kearney of New Brunswick; Cortland Skinner of Amboy; and Vincent Ashfield of Essex.

Finally, it must be noted that many disaffected Monmouth Countians never went behind British lines and therefore never had their estates confiscated. However, these families often had livestock and other property impressed and “applied to public use.” Edward Taylor of Middletown was one of the county’s leaders before the war. But his son, George Taylor, and brother, John Taylor, were reviled Loyalists. So, Edward was the subject of many harassments and impressments during the war. His inventoried estate in March 1784 was valued at only £34. Taylor likely transferred most of his assets to lower profile children.

Perspective

In an agrarian county like Monmouth, land was by far the most valuable asset. Real estate confiscation was therefore the most powerful tool available to the new government to punish enemies, force compliance from wavering farmers, and reward ascending supporters. The power of estate confiscation and sales were too much for the immature institutions and amateur officials charged with wielding it. Scandals and irregularities were inevitable, especially in tumultuous Monmouth County. It is not surprising that this process and its finances remained messy into the post-war era.

Related Historic Site: Marlpit Hall

Sources: Archives of the State of New Jersey, Extracts from American Newspapers Relating to New Jersey (Paterson, NJ: Call Printing, 1903) vol. 5, p 461; The Library Company, New Jersey Votes of the Assembly, May 18-22, 1782, p 6-10; The Library Company, New Jersey Votes of the Assembly, May 25 and 31, 1782, p 13-20; Rutgers University, Special Collections, Loyalist Compensation Applications, Joseph Williams, Coll. D96, PRO AO 10/20, reel 7; Order to Dispose of Estate, Monmouth County Archives, Loose Common Pleas; Library Company, New Jersey Votes of the Assembly, December 14-17, 1782, pp. 45, 63, 66; New Jersey Gazette, March 5, 1783; Monmouth County Archives, Executions Against Tory Estates Collection, box 1; New Jersey Gazette, February 17, 1784; Estate Inventory, Monmouth County Historical Association, Collections Alphabetical, Parsons - Taylor Papers; Accounts of John Stillwell, New Jersey State Archives, Dept. of Treasury, State Auditor's Account Book, Sheriff Fines, Monmouth County, reel 181, p 377; New Jersey Gazette, August 9, 1784; Political Intelligencer [New Brunswick], April 13, 1784; Personal Correspondence: David J. Fowler, Report: June 12, 1787; New Jersey Gazette, October 23, 1786.