Group Title: Historic St. Augustine: Block 10 – Lot 1
Title: [Notes on Block 10]
Full Citation
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 Material Information
Title: Notes on Block 10
Series Title: Historic St. Augustine: Block 10 – Lot 1
Physical Description: Research notes
Language: English
Copyright Date: Public Domain
Physical Location:
Box: 4
Divider: Block 10 Lot 1, Dr. Peck House
Folder: Block 10 Lot 1, Dr. Peck House, Text for Historic Site Marker
Subject: Saint Augustine (Fla.)
143 Saint George Street (Saint Augustine, Fla.)
Dr. Peck House (Saint Augustine, Fla.)
Peña-Peck House (Saint Augustine, Fla.)
Spatial Coverage: North America -- United States of America -- Florida -- Saint Johns -- Saint Augustine -- 143 Saint George Street
Coordinates: 29.893507 x -81.312774
 Record Information
Bibliographic ID: UF00094115
Volume ID: VID00014
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: B10-L1

Full Text


1 the Seven Years' War haas its american colonial counterpart

the French and Indian Wr. The dates differ, however, as the French

and Indian War begins in 1754 and ends in 1763, The Seven Years'

War begins in 1756 and ends in 1763,

It is later dis josed under the various petitions and

dispositions submitted by Antbdio ernandeZ attorney for

the de Pena estate, that the Spanish Treasury building and let were

one of several properties consigned specificly to Gordon in a trust

agreement for de Pena and others. SinM i Fernandez's activity

takes place in the second Spanish period, fellowjng the treaties

ending the American Revolution.


TTIHiDD 1EE fE, ES19 Y TOD/ 6k0 7i)oA To GTRvEL
-To 0 ovOj To PLt' lt> /0i C4Aiv 1)i' -. 7//l

Jr' e -

Fx r,/ F, o ,Vl2/? 12/2P/ e'I

e4a .. ---

O this transfer establish-' Iritish acceptance of the transfer

of title from de Xena to 'ordon as a bonafide title exchange-.
Ioe e *(', ,tor o, i
oweer, makxazixafx"ordon s property e l. ...the v
vtlidid y of panish titles were in some" instance more specally~d ..
with regard to the large purchases made by the said tohn UordoI '-
disputed by the 1ritish government. i/oarised statement of #enry- .---
fonge made at 'ew "rovidence, iahama Islands, 21 january, 1768. 1..--

A A Vth-' 17 (i-l e 7 T-

...falling into a sickly state of health h never did accomplish
any settlement of the same having for some years suffered a
Spa inful indisposition and died,at urd--aux-sic ... in 1778.
rHBntheMa moreover orbes,-' .:. bbing in ngland in ... 1777...
upon his private affairs, the said Oohn Uordon did appoint him
with others,) attornies- Esi. of all his affairs in "orth/merica-
including those of rlorida, b&t this te stator neither then or at
any future time receive d any particular r instructions whatever
to the deceased s possessions there he considering that matter in
suspense with the ritish government.. ax-the---ar-riVe d at
t-uustine--in -the month of ecember... 1777,
"orbes goes on khc to say that "eut. rov. foultrtE lived in the
house am nd ,.ai d, p the ba ra for --- years tenancy.
"otarized statement of thomas Porbe s made at "ew rovidedce,
ahama Islands, 21 danuaryi 1786.

fn 1788, ntere isthe swoiTstatemen bytaateseprJthSt le
a docune t bea rin t e rover ors s e h, e transfer fo
lot 1, loc 0, f la rk to onre, fourth a#/ saw a
docum en in validation of sale of lot 1, block 10, from Longe

/3u / -3E zF/?g R/fZ/-/

to anton and iorbes. Lhese documents: wer--drawn in IdB

A,6ati j A3',<32 iZ5 2//Qs> ^u*-y /2c<

Q. anton eslie and.iy or anton and rorbes oo.or canton, ^eslie
'ortaes as the firm was Variously tl# referred to was established
in the Floridas during the /merican Revolution.. 1he three principals
of the company were Oilliam Panton, rhomas Forbes and~ ohn ~eslie.
iTey were-cots who were trading with the Indians in outh Carolina.
when the Cevolution broke out. Ihey then left their business in
the 9arolinas and moved to `t. "ugustin % trading with the
indians under ritish protection. "he trade proved both successful
and necessary to UritMsh control of the 'ndians, henSpain gained
the lorida s at the close of the revolution, the company was allowed
to remain in the loridas. .John teslie managed the St./ugustine office.
5ee4. miss Emily N4ilson's account in tha ft Augustine e'ed fuly 4, 1931.
Q:e panish colonial government found it necessary to rely on the
firm much more heavily than the ritish because they had no tfjders
with contacts among the florida tndians and the tndians had become
accustomed to british trade goods, indeed, demanded them.
he result was that the firm was granted a monopoly and low duty
rate/in order to contain indian good will as far as was immediately
possible. 1he firm remained ir4he rloridas until 1819. therefore,
the company was not evicted from tast aFlorida/and .t ,ugustine.
ahd would not have lost the house on this ground.
ocT ments -elating to the commerciall "olicy of npain inb Llr. d as/
edited by, -rthur .reston "'hitaker\ (Jeland, 1931) P. xxx --xxxix.

S governor 4uesada did open Indian trade to banishh competition
in 1790. however no competition developed. bid.
pz note 184, p.243.

7 panton and forbes > /the property until 1785. This ,4 the last date

we fg are certain of until 1788. Forbes htds he property when the

British hand he Floridas back to pain. acf with the arrival of

of the Spanixh authorities 4g2 the trust agreement between John

cordon and de Pena is brought to light.

Antonio XXHXX Fernandez an attorney, appears before the Governor

at St. Augustine and presentdclaims by the'eirs of de Pen a against th,

estate of ohn Gordon to wit: that they, the heirs should be rein-

stated in th kixx their full ownership of the house and lot, lotl

block 10. The claim is based on a written agreement signed by de

Pena and by Gordon establishing lotl, block 10 as to be held in trust for

de Pena by Gordon.


Zespedes(or Cespe es) however, refuse to act against the owner, Thons

Forbes, until hearing f$om the king. Zespede maintain that as orbes

ownership was recognized by the British as letigimaee the-matter

was now subject to the action of the king in regard to the status

of former British subjects. A cedula had been issued stating that all

landowners not remaining in the province would forfiet their property to

the crown. Panton and Forbes were then petitioning to remain and do

business in the Floridas. Thus the outcome of their petition would

determine their property rights in St. augustine. Therefore Zespede)

refused to rule definitively on the case.

The next year, 1786, Frenandexwrote that "...he is of the opinion that since tl

the heifere not able to prove their claim..." they might YXKX cause

a tribunal o be caj led to allow them the value of the property at

the time of its sale from Gordon's estate to Clark(1778).


Therefore, Panton and -Forbes must not have been susta ined in their

petition, and thus have lost their property, lotl, block 10.



Further, 1788, 'ernandez p still pressing his claim and h4 only

been able to gain custody of crown property.,

8 By 1791 when kxn the Quesada sale held, gernandem had evidently

lost his plea completely, as the house and lot, lotl, block 10, was sold

as a '.. rubble-work masonry house with lot of the king.."
3p- Description in
Quesada List,'tA, 8^.-

So between 1785 and 1788, Panton and Forbes lost title to lot 1 block 10

and the property reverted to the crown. It then was sold as crown

propertyin 1791 and passed to Carlos Howard.


Hence, the property transfer has been tra ed definitively through

the period form 1763 to 1785 The one area of doubt was as to the year

in which Forves lost the property to the crown, a year which must

lie between 1785 and 1788.

See also Mrrs. Doris Wiles' commentary on Mrs. Luis Arana's translation


9 Lot 1, block 10 from Spanish government to Carlos Howard.

East Florida Papers, Bundle 320, XK Doc. 52. Ihe East Florida Papers-
will be hereafter cited EFP.
Lct 1 block 10,from
10 Darlos Howard to de Leon. XXXXSI3XIIai XKE EPP, Bundle 357, Doc. 24..

de Leon to Sanchez, EPP, Buidle 368, Doc. IX.

11 Will of F. X. Sanchez. EFP, Testamentary Proceedings, Box

30--33, No. 1.


12 Will of Maria Sanvheza, EFP, Bundle 314, Doc. 2.

13 The sale was made on 12 March, 1821.The property is was described

as "'...a house of our property that at the percent time consists1

of some walls of stone covered with shingles and very deteriorated.
...Te sell the said house add lot with its entrances, etc.,

13 cont,
free of all i~xna incumbrances(sic), etc., for the amount of 1600 pesos.
Lot 1, block 10, from Jose Sanchez) Maria and Felipe De ese to
Joseph Hernandez. EFP, bundle 385, doc. 3.

14 The last deadline for filing was 1November 1827. J. M. Hernandez
was listed as having RXX4XXYX XKKX filed '.. no title and nvidende...
to validate hps claim to ie-lot."
There was a description of K~X lot 1, block 10in St.Augustine and then

the statement: "'Title is derived from a bill of sale, 3/2/1821
to Joseph M. Hernandez form Philip DeWees, his wife, nle Mar) del
Carmen Sanchez and Joseph Semion Sancheza, which is on file in the
archives kept by William Aeynolds."
In a table on the same page, the above reference given incorrectly
as located in Fernandina.

American State Papers, 41l. VI,(Washington, 1860). p. 113. /There
are two NNIXI editions of volume VI of the American State Papers.
Duff Green published an edition in 1834 amd Gales and Seaton published

an edition in iSX 1860. The arrangement of information differs
with the publisher.

-"1 Deed from 'anchez to Hedrick. St. Johns County, RXX Deed Book H,

p. 60.
16 Wilbur M. Seibert, "The Early Sugar .KKeKiX Industry in Florida,.
Florida Historical Quarterly, XXXV(1956-IRXX 1957), pp. 313-314.

17 The mortgage XKX was for $1100.00 and was dated 5February 1833.
It k: was not recorded until 20 November 1837 at the request of
e/ i Dr ,,Peck. S. Jghne eodnt. Seed Book ICXXXX N, p2. / ,- <
P n Manch 1833, the mortgage was recorded. The note was due on 5 March

1838. Marginal note records this arx as having been paid 29mayl838.

Deed Book M,p. 170.

-o~ iu^r cco^~: "^4 ,4 4

18 Lot 1, block 10 from Daniel Griswold to Seth s. Peck,M D.

28 May 1837. A;Ij g1 Deed Book M, V 441.

19 LotI,block 10 from James Heilbron to Seth S. Peck. S XXZ KK Deed BooQ

N, p 156.
20The following quote from the will of Dr. Peck showed the house to

have passed form him to his wife, i.e. "I give and bequeath

unto my ... wifeSara Peck.. risidual of my real and personal

estate including lot and dwelling in which we live, furniture

and all other estate not already bequeathed...."'

. t.J hn County Will Book Number 1 /~ Yill books hereafter

cited are all of St Johns Conntyj

21The will of Mirs. Sara Lay Peck was not entered into the public

records until ISVX 1912, 33 years after her death. As her will
left all personal property othe than minor bequests to her son

(Dr. John E. Peck) and Peck grandchildren, to her da ughters

Mary L. and Rebecca Peck, the will was not probated and the two

daughters queitly became the tacit owners of the property.

22 Willof Rebecca Peck. / (A/ -1 < __ ,

23 At the death of Mary L. Peck, the surviving daughter of Sara Lay

Peck (Dr. Seth S. Peck's wife) the property passed to the grand-

daughter of Sara Lay Peck, Anna G. Burt. And in order for the property

to pass, Anna had to probate$ the will of her grandmother, her

auntand her uncle(Dr. John E. Peck). Thus in 1912, she does

probate the wills of Sara Lay Peck, Mary L Peck and John E. Peck
and thus., as the closest surviving heir, becomes the owner of all
the non-assigned property to pass from Sara Lay Peck to Mary L

Will of Anna Burt Will Bok C, e ,e.
-,k' f Z i.^ f 0." ; 4 lL
iI Will of Anna G. Burt. Will Book C, p565. !..., ,
^ ., r "''- : ,~'?

formally accepted by treaty Spanish control in both areas
One of the immediate results for Florida was the reevaluation

of all property titles by the new Spanish officials. The owners

of the .Spanish Treasury, then, Panton and Forbes, had to

have their title sustained if they were to retain their property.

They were successfuL~ in eluding Spanish claims until 1785. However,

between 1785 and 1788, Panton and Forbes lost- title to lot ki.xg

block 10 and the property reverted to the Spanish crown. And

in 1791, Governor Quesada sold the property in the -public sale of

that year to Carlos Howar "

Again the property changed hadds three times in quick

succession, as had been bxax the case at the death of Gordon

in 1778, thirtte a years before. Here in 1791, Carlos Howard

sold the property ty ingo Rodriquea de Leon who in turn sold

to Francisco Sanc h

Sanehez own the house and lot until 1807. when, at hi ath

the property gae.- to his wife, Maria del Carmen Sanchez. i Mria,

in turn, passed the property on to her son, Jose!anchex and to her

daughter and -in-law, Maria and Felipe JPIZBEX DeWees at her death

in 1813.

These three, Jose Sancher anD/* eWeess~? March,

1821 to Jose Mariano Hernander-, This suale was made

bidrkt* two months after the ratification of the Treaty of 1819 in

February of 1821. By this treaty, the Florida provinces axxx wea

bought from Spain MI by the United States. And when property titles

re i register~ tix with the United Statefd authorities, Hernanded's

title invalidated. He did not submit it within the specified time

limit set by the United States am officials ,

No specific record can be found of who ownWthe house or of

Chronology Lot 1, Block 10: 1763 1931

1763 Juan Esteban de Pena F ,'7 Fr e du Uar t -
1763 John Gordon
1778 Estate of John Gordon to William Clark
1778 William Clark to Henry Yonge
1778 Henry Yonge to Panton and Forbes
1785 1788 Panton and Forbes to King of Spain
1788 King of Spain
1791 King of Spain to Carlos Howard
1791 Carlos Howard to Don Domingo Rodiquez de Leon
1791 Don Domingo Rodiquez de Leon to Francisco Xavier Sanchez
1807 Maria del Carmen Sanchez, wife of Francisco Xavier Sanchez,
inherits the house from Francisco Xavier Sanchez
1813 Maria del Carmen Sanchez Dewees, her husband, Felipe Dewees,
and Maria del Carmen Sanchez's son, Jose Simeon Sanchez inherit
the house from Maria del Carmen Sanchez
1821 Maria del Carmen Sanchez Dewees and Felipe Dewees and Jose
Simeon Sanchez to Jose Mariano Hernandez
1833 James Heilbron and wife,Harriet, to Daniel L. Griswold
1837 Daniel L. Griswold and wife, Mary, to Seth S. Peck, M.D.
1841 Sarah Lay Peck inherits house at death of Dr. Seth Peck,
her husband
1879 Mary L. Peck and Rebecca Peck inherit house from Sarah Lay
Peck, their mother
1910 Mary L. Peck inherits whole interest in house at Rebecca's
1912 Anna G. Burt inherits house from Mary L. Peck, her aunt
1931 City of St. Augustine receives house from Anna G. Burt

4 between 1775 and 1783. Near the end of the conflict,
Sin 1782, Spain, having joined France and the United

aStates against Britain, was able to seize both Florida
LLU io

-A in the America and Minorca in the Mediterranean,

L without British opposition, These had been the two
SPant buyers, held Fthe property until 1785. This
L the meantime, the America n Revolution took placeThis
between 1775 and 1783 Near theas f ollows. Forbes heldct,
SStates against Britain, was able to seize both Florida

n the Americasth the arrival ofin the Mediterranish author-

ities (he trust agreement between John Gordon and de
Pena brought to light.
2 to without that British opposition, These had be reinstated in

a nton and Forbes help of the property until 1785. Thisblock
S10.s the last date based on a written agreement signed
(V ^ 7 three year lapse explained as follows. Forbes held

by de Pena andy e n the British handed the Floridas back
to Spain. /ij4 With the arrival of the Spanish author-

S as to be heldtrust agreement for de Pen John Gordon and de

Zespedes (or Cespedes), however, refused to actlight.
Against the onion Fernandez, an attorney, until heard before
W \M the Governor at St. Augustine and presented claims byowner-
the heirp was of d e Pena against the estate of John Gordon,
Sm matter was now subject to theirs, should be reinstated in
^C their full ownership of the house and lot, lot 1, block

2 10, The claim based of former Britten agreement signed
as to be hd been issued stating that all lanby Gordowners not

Remaining in the province would forfiet their property
S against the own. P anton and Forbes, until hen petitioning
S the king Zespedes maintained that as ForbesThus owner-
S outcomship was recognized by the British as legitimate, the

perty rights in St. Augustine. Therefore Zespedes
matter was now subject to the action of the case. king in
SThe next year, 1786, Fernandez B ritish subjectshat .
is of h pinbeeion issued stating the heirs were not able to
o remaining in the province would forfiet their property
pr vto the crown, Panton and Forbes were then petitioning
prto remain and do business in the Floridas Thus the
J- 0 ) outcome of thaf petition would determine their proat the
t- -I ; perty rights in St. Augustine. Therefore Zespedes
refused to rule definitively on the case.
U y The next year, 1786, Fernandez wrote that "... he
0 $ is of the pinion thatcsikt ce the heirs were not able to
p) prov her a .^ |-th{vmight cause a tribunal to be
\y t call 0 Jt&BvalBe of the property at the
Z ti rs / le G don's 00 IP _tQ Clark (1778).
ScI 'lcl C I I

/TherToe, antop and Forbes must not have been
aine h p tion, and thus have lost their
pert 1 lok 10.
their, in 1788 Fernandez was still pressing his claim
only been able to gain custody of crown property. /

l -. o ,_h /3 L, /

Q \ If Panton and Forbes were not allowed to continue in East Florida, the
question would then be whether or net Forbes' property, lot 1 block 10 should4i4

revert to the crew n-or be turned over to Fennandez's clients to satisfy their cle

The next year, 1786, Fernandez wrotethat "... he is of the opinion that sinee

the heirs were not able to prove their claim..., "they might e-are a tribunal

S' to be called to allow them the value of the property at the time of its

sale from Gordon's estate to Clark (1178).
Cp -c7/r
Two years later, 1788, the Roque map shows the property as being crrowm.ope

"'. in the custody of Don Antonio Fernande-," Therefore, I Panton and Forbes 46

must not have been sustained in their petition, and thus have/ Jost IKMEI their

property.' And by 1791, when the Quesawa sale 4 held, h had evidently uax
Slost his plea completely as the house and lot, lotl, block 10 (Quepdae # 89,

K block 10) wa s sold as a ".o.rubble-work masonry house with lot of the king."
So between 1785 and 1788, Panton and borbes lost title to lotl, bolck 10

and the property reverted to the crown. It then was sold as Kmana crown

Property in 1791 and passed to Carlos Howard, Hence, the property transfer has
traced Itfix definitively through the pweiod from 1763 to 1785. The one area of doul
p'awron zu/Vo
doubt is as to the year in which Forbes lost the property to the crown, a

year which must lie between 1785 and 1788 ev4 WI//,Y 7- Y -oS 7r7/S ,

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