Copy of Contract between Montauk Indians George Fowler, Maria Pharoah and Wyandanch Pharoah, and Arthur W. Benson, 1885

Copy

This indenture made the twenty first day of April, one thousand eight hundred and eighty five between George Fowler, Maria Pharoah and Wyandanch Pharoah, members of the tribe known as the Montauket Indians of the Town of East Hampton, County of Suffolk, and State of New York, parties of the first part; and Arthur W. Benson owner of Montauk in the said Town, County and State, party of the second part; Witnesseth, that whereas the said parties of the first part, by reason of their belonging to the said tribe of Montauket Indians; have and enjoy certain rights and privileges on the portions of the said Montauk, known as the North Neck Field and the Indian Field, which rights and privileges may be briefly described as follows, viz.: First; the right to fence in and occupy either the said North Neck Field or the said Indian Field for purposes of pasturage and cultivation: Second; the right to keep two hundred and fifty (250) swine, and fifty (50) head of horses and cattle of their own; which right has been exchanged by the said tribe of late years for an annual payment of the sum of two hundred and forty ($240-) dollars by the late proprietors and by the present owner of Montauk: Third; the right to cut wood for necessary fencing; Now therefore, the said parties of the first part, for and in consideration of the sum of two hundred and ten ($210-) dollars to them paid in hand in the following proportions, one hundred ($100) to George Fowler; one hundred ($100-) to Maria Pharoah and ten ($10-) to Wyandanch Pharoah; and for the further consideration of the payment of the before-mentioned annuity of two hundred and forty ($240-) dollars to the members of the tribe by the said party of the second part his heirs and assigns, and for the

further consideration of the conveyance by the said Arthur W. Benson party of the second part, of a portion of a piece of land owned by him and known and described as follows viz. All that certain piece or parcel of land situated at a place called Free Town, town of East Hampton, County of Suffolk and State of New York; known as the Kelly land containing by estimation twelve acres be the same more or less Bounded and described as follows Northeasterly by land of Abram H. Miller and Edward King; Southeasterly by the Springs Highway and Swamp Highway Southwesterly by land of John or George Bennett, William J. Bennett Catharine Snivelly[?] and Lyman Bennett; Northwesterly by land of Lyman Bennett and the Three Mile Harbor Highway. which said piece of land was conveyed to the said Arthur W. Benson by Nathaniel Dominy and Sally Ann Ranger, Administrators of the Estate of Samuel Ranger deceased; and Annie M. Goodale, Eunice C. Miller, and Sally Ann Ranger (widow) heirs of Samuel Ranger; by deed bearing date the twentieth day of December one thousand eight hundred and eighty three, and recorded in Suffolk County Clerk's Office in Liber 278 of Deeds Page 463: and for the further consideration of the transportation of the materials of the houses belonging to the above-mentioned Indians, now on Montauk, to the above-described lands in Free Town and their re-erection thereon: Do hereby resign and convey to the said party of the second part, all title and claim to the rights hereinbefore set forth and described for themselves, their heirs and successors forever: and Do hereby further covenant and agree to remain away per-

manently from the said Montauk, and not to enter upon the same for any purposes whatever; and Do further agree to and with the said party of the second part that he shall have peaceable and quiet possession of the said North Neck Field and the said Indian Field and of all other parts of the peninsular of Montauk, which is bounded and described as follows, viz. Westerly by the boundary line in Napeague Beach; Northerly by Long Island Sound and Block Island Sound; Easterly and Southerly by the Atlantic Ocean. s'd George (His Mark) Fowler s'd Maria G. Pharoah s'd Wyandanch (His Mark) Pharoah

Witness s'd Sterling B. Tuthill

Copy George Fowler Maria G. Pharoah and Wyandanch Pharoah to Arthur W. Benson April 21, 1885