In 1875, the exclusive Suffolk Club purchased the core of their hunting reserve from Henry Carman. Prior to that time they and their predecessor organizations had leased the lands and hunting rights from the Carman family. The Club also leased and owned other parcels along the Carman’s river as far south as the Great South Bay.
The “Carman homestead” dwelling was apparently not included in this sale to the Suffolk Club.. If it had been it would surely have been mentioned in the deed.
The deed contains the following clause:
(Reserving however to the said parties of the first part [Henry W. and Isabel B. Carman], their heirs and assigns the right to use the West bank of said streams from the going over place or bridge to the first locust stake above mentioned for milk house, wash house, watering cattle and other domestic purposes but such reservations shall in no way be construed to allow him or them to diverge the water or stream from its present course, nor to interfere with the exclusive rights of fishing and reserving also the same view on the North side of the dwelling house he now has up the pond, so that no erection shall be made to substantially interfere with it, ….)
which states, that in their conveyance of the property to “The Suffolk Club,” Henry and Isabel are reserving their view to the north from their dwelling house up to the pond.
So even though the land is conveyed, this reservation prohibits “The Suffolk Club” from erecting any buildings or doing anything whatsoever that would interfere “substantially” with their view to the north “up to the pond,” or their access to the river.
The description of the property says the southern boundary of the property being conveyed starts at the north side of the bridge at the old “goin’ over,” then goes north along the west bank of the river to the south side of the dam then goes again northwardly to a point two feet north of the planning mill and 18 feet west of the mill flume, then south-westerly to the north side of South Country Road (then west along the north side of South Country Road to where it intersects Gerard Rd).
The “planing mill” and the mill flume were structures attached to the dam. The planning mill was a small structure at at the westerly edge of the mill dam, and the flume immediately to its east (next east was the main grist mill structure). The point “two feet north of the planing mill” was likely a somewhat arbitrary point on the mill dam, and the line south-westerly from that point to South Country road would seem to be a bearing that would run north of the old Carman homestead. If all the Carman property on the north side of South Country road were intended to have been included in the purchase, there would have been no need to have described a boundary from the point of beginning that went north along the westerly side of the river to a point two feet north of the planning mill, then south-westerly back to South Country road.
On Henry Carman’s death in in 1919, the Henry Carman farm was purchased by Charles Robinson and developed as a duck farm. While the main farm site was south of Montauk highway, the old Carman homestead was unambiguously owned by Robinson, was their first residence, and eventually razed by him in 1936.
Much of this material was researched by Richard A. Thomas
Looking north. Planning mill to left; flume in center; main mill structure to the right. The man standing in the center is said to be Henry Carman; however this has not been verified.
Deed: Henry W. Carman to “The Suffolk Club,” 1 January 1875.
Suffolk County, New York, Deeds: Liber 214, page 122.
Made the first day of January in the year one thousand Eight hundred and Seventy five. Between Henry W. Carman of the Town of Brookhaven, County of Suffolk and State of New York and Isabel B. Carman his wife parties of the first part and “The Suffolk Club” party of the second part,
Witnesseth That the said parties of the first part for and in consideration of the sum of Twenty Thousand Dollars lawful money of the United States to them in hand paid by the said party of the second part at or before the ensealing and delivery of these presents the receipt whereof is hereby acknowledged and the said part of the second part successors, executors and administrators forever released and discharged from the same by these presents have granted bargained, sold aliened remised released conveyed and confirmed and by these presents do grant bargain sell alien remise release convey and confirm unto the said party of the second part and successors and assigns forever,
All those certain lands, land under water, pond and mill situate at South Haven Town of Brookhaven County of Suffolk State of New York, bounded and described as follows,
Commencing at a point on the West side of the Connecticut or Carman’s River, at the going over place or North side of the bridge running thence Northwardly by and with the West bank of said River towards the South side of the dam, where a locust stake is driven for a boundary running thence again Northwardly to another locust stake at a point two feet northwardly of the planing mill, and distant from the west side of the mill flume about Eighteen feet, thence about south-westwardly to a locust stake fixed for a boundary on the North side of the South Country Road, thence by and with the South Country Road till it intersects the Gerard Road, thence Westerly by and with the Gerard Road past lands of Frederick Schuchardt and the “Suffolk Club” to a point on the North side of the Gerard Road, called the Southwest point of Cato’s Garden, and to the land of Robert Carman where formerly stood a blazed tree, where a locust stake is fixed for a boundary running thence Northerly along land devised by the late Samuel Carman to said Robert Carman to a stake and stone to land of Wm Sidney Smith, thence Easterly along land of said Wm Sidney Smith and to the East side of said River, thence Southerly along the East side of said river and including the Mill Pond to the Mill dam, together with the dam, flumes, race ways, pond, grist mill and Machinery, rights of flowage, water and reparian (sic) rights and all other rights and privileges appertaining, and all the rights of the said parties of the first part to take Sand on the East side of the River for repairing rebuilding and sustaining the said dam and running thence and including said dam, mill and appurtenances together with the stream and the land under the same down to the said going over place or bridge, thence across the river to the place of beginning,
And Also, all the right title and interest of the said parties of the first part, of, in, and to the river north of the aforesaid boundary up to the Yaphank line as this same is described in the Conveyance to Samuel Carman Jr. by his father Samuel Carman the Elder also in the will of the late Samuel Carman, —
Excepting there out and there from the lands conveyed by the late Samuel Carman in his Life Time to the “Suffolk Club” and also the land conveyed by the said parties of the first part to . . . . Kouser and now in possession of Frederick Schuchardt (Reserving however to the said parties of the first part, their heirs and assigns the right to use the West bank of said streams from the going over place or bridge to the first locust stake above mentioned for milk house, wash house, watering cattle and other domestic purposes but such reservations shall in no way be construed to allow him or them to diverge the water or stream from its present course, nor to interfere with the exclusive rights of fishing and reserving also the same view on the North side of the dwelling house he now has up the pond, so that no erection shall be made to substantially interfere with it, the aforesaid premises intended to be conveyed containing (without the land under the water) by estimation Three Hundred and Fifty acres, be the same more or less,
Together with all and singular the tenements hereditaments, and appurtenances thereunto belonging or in any wise appertaining and the reversion and reversions remainder and remainders rents issues and profits thereof,
And Also, all the estate right title interest dower right of dower property possession claim and demand whatsoever as well in law as in Equity of the parties of the first part of in and to the same and every part and parcel thereof with the appurtenances,
To Have and to hold the above granted bargained and described premises with the appurtenances unto the said party of the second part its successors and assigns to its and their own proper use, benefit and behoof forever,
And the said parties of the first part for their heirs executors and administrators do covenant grant and agree to and with the said party of the second part its successors and assigns that the said parties of the first part at the time of the sealing and delivery of these presents are lawfully seized in all and singular the above granted and described premises with the appurtenances, and have good right, full power and lawful authority to grant bargain sell and convey the same in manner aforesaid,
And that the said party of the second part its successors and assigns shall and may at all times hereafter peaceably and quietly have hold use occupy possess and enjoy the above granted premises and every part and parcel thereof with the appurtenances without any let suit trouble molestation eviction or disturbance of the said parties of the first part their heirs or assigns or of any other person or persons lawfully claiming or to claim the same,
And the same now are free clear discharged and unencumbered of and from all former and other grants titles charges estates judgments eases assessments and encumbrances of what nature or kind soever (sic),
And also, that the said parties of the first part and their heirs and all and every person and persons whomsoever lawfully or equitably deriving any estate right title or interest, of, in or to the herein before granted premises by from under or in trust for them or either of them shall and will at any time or times hereafter upon the reasonable request and at the proper cost and charges in the law of the said party of the second part successors and assigns make, do and execute, or cause to be made done and executed all and every such further and other lawful and reasonable acts conveyances and assurance in the law for the better and more effectually vesting and confirming the premises hereby granted or so intended to be in and to the said party of the second part successors and assigns forever, as by the said party of the second part successors or assigns or their counsel learned in the law shall be reasonably advised or required,
And the said parties of the first part their heirs the above described and hereby granted and released premises and every part and parcel thereof with the appurtenances unto the said party of the second part its successors and assigns against the said parties of the first part and their heirs and against all and every person and persons whomsoever lawfully claiming or to claim the same shall and will Warrant and by these presents Defend.
In Witness whereof, the said parties of the first part . . . .