Loyalist it is

Well turns out that my sister-in-law's 5x great grandfather was in fact, a loyalist.  On Oct 24, 1776, in a letter adddressed to the Right Honorable Richard, Lord Viscount Howe of the Kingdom of Ireland and his excellency the Honorable William Howe Esq., General of his majesty's forces in America, her 5x great grandfather along with hundrends of other New Yorkers signed a pledge of alligence to George the third. 

I found the transcrption at archives.org in a book entitled "New York City during the American Revolution : being a collection of original papers (now first published) from the manuscripts in the possession of the Mercantile Library Association, of New York City" published in1861. 
http://archive.org/details/newyorkcitydurin00merc

Now on to find his land grant and prove he was in fact a UEL.