On this side also Hearing at Pennington 4th Sunday of June ____ ______ [Front of Document] In Chancery Asher Williamson and others vs Sam Williamson Testimony taken May 27, 1812 st The hearing on _____ _____ ____ Filed May 28, 1812 J Nunn, Clerk [page 1] In Chancery Between Asher Williamson and other Compl'ts and Samuel Williamson EX of the Will of William Williamson ______________ May 27, 1812 Evidence for the Complts on the taking of the Account as by the _______save leans. Othniel Gordon—being sworn saith; That he is well acquainted with the farm late Wm Williamson in Amwell—lives adjoining to it, and has lived his lifetime near to it, he is now 39 years old—that in the year 1789 the farm was not in good order, the fence out of repair—did not observe the situation of the House as to repair—the barn was but a little value—That he has for many years past been acquainted with the timber land on said farm and frequently [poped] through it—That for sixteen or seventeen years past a great deal of timber has been cut out and sold off said farm—Witness thinks that within that period timber on said farm hath been cut and destroyed to the amount in value of fifteen hundred dollars. That this is exclusive of [page 2 of document] of the timber cut for fencing said farm and for firewood and for building—That witness estimates the value of the timber, supposing it to be now standing on sd[said] farm—That about six or seven years ago a large quantity of staves were made in the woods of sd[said] farm and carried off.— That considerable of building timber has within a few years been taken off—Also staves timber and firewood—That lately a great deal of good timber has been cut, for [staves] and sword White Oak trees for parts, some of them as late as last winter—That there has been an immense guantity cut, so much that it is difficult to make calculations of the quantity—That Deft sold one tree a ---- tree, to Witness for two dollars—That witness has known the Deft. Sam Williams[on] and Peter to sell timber off of said farm, witness bought of Peter 2 or 3 saw logs, a Hickory tree and some timber for a building, to the amount of eight dollars for the building timber—That for the Hickory tree and one saw log he gave three dollars—That from the looks of the timber and the destruction of it, Witness thinks his estimate of fifteen hundred dollars is rather under the value than over-but says it is difficult to asertain the exact sum—That when witness applied to William for two trees he answered that he could not say [page 3 of document] say until he talked to his father, that soon after William informed witness that his father said that he might have them—and that he accordingly took the trees and was to give so much an hundred—These trees were black oak and for shingles— Crop examines on the part of the Defendant says that the Def. sold several years ago fifteen or sixteen Acres of wood land part of sd[said] farm to Samuel Opdike, that in his estimation of the damage, the wood cut on sd[said] lot was taken into consideration, and thinks that damage done to that lot was about twenty dollars per Acre—Witness does not know of his away ______ of Defendants cutting a selling any timber but the one tree to himself and the selling the lot of land to Samuel Opdike, Witness thinks he has heard Deft. say that he had sold same Cord wood to Thomas Lake Sworn the 27th of May 1812 _____ [signature of James Linn] [Signature of Othniel Gordon] Master in Chancery [page 4 of document] Jonathan Moo[n]re being sworn saith that he rented in March 1808 from Deft. a part of the farm late William Williamson upon the terms _______in a lease marked Exhibit No. 1 as the _____ of the Complainants—That the other part of the farm was rented to Peter Williamson for twenty ___ pounds ten shillings for the same years—That a lot of land belonging to the Deft. which lay adjoining was included in his lease, and witness thins the value of that lot was about ____ dollars a year—Witness thinks he had _____ better than half of the clear land, and that it was not ____ in the best state of cultivation and the_______ quality about the same—Witness thinks he gave the _____ bales for that part of the farm her rented—That _____ Wilson had some timber off said farm 2 building sticks plates and sills, long sticks. that witness know of, thinks there was more, but is not certain—Witness helped ____load said sticks and Wilson said that he had bought them of Mr. Williamson but _______ do not know which Mr. Williamson—That at the time Witness lived on said farm the fences of the part he ______ were in tenatable repair— That the fence in March cost, of said farm, were in bad order— Sworn the 27th of May 1812 [signature of Jonathan Moo[n]re] Before [signature of James Linn] Master in Chancery [page 5 of document] Elisha Rittenhouse being sworn saith —That he is well acquainted with the farm lots Wm. Williamson in Amwell and now lives adjoining to it, and has lived adjoining his whole life time—That witness is now about 45 years old—Witness cannot say certainly in what repair the farm was in the year 1789, but thinks it was in middling like repair— Thinks that at that time about thirty pounds a year would have been a reasonable rent for said farm, but cannot say with any degree of certainty—Witness thinks that said farm in the year 1800, had it been in tenantable repair would have rented for about forty pounds a year—Witness thinks that said farm from the year 1800 until this time, had it been in tenantable repair would have rented for two hundred dollars per year—And for more money at this time if it was in right good order _____ fenced, and sown with grass seed. Witness says that the part Jonathan Moore had in 1808 was in better repair than the part Peter Williamson had, and he thinks that if both parts were in equal repair sixty pounds a year would have been a rent low enough and probably it might have brought two hundred dollars. Witness further said that he has been more acquainted with the tenants land than [page 6 of document] the other parts of the farm, having been often through it. And thinks that the timber which has been cut and destroyed since [James] Williamson had the _______, more than was different for the repairs of the farm, if now standing, would be worth fifteen hundred dollars—Witness says that several times he has seen timber down and the bark peeled- That Witness has sawed _____ many logs brought to his saw mill by Peter and Wm Williamson sons of the def t while they lived on said farm—he sawed them for the customary share, but cannot say what they did with _____ _____ of the stuff— Witness says that in estimating the damage done to the timber land witness estimates the damage done to the 16 Acres said to be sold by Samuel Williamson to Sam'l Opdike at about 20 dollars per Acre—that the timber on that lot is in parts nearly all cut off— Witness says that at the request of Asher Williamson, Othniel Gordon, Thomas Lake, Charles Sargeant, and witness himself the latter part of last ALpril viewed the said farm and wood land and made an estimate of the Damage done to the said Wood land, that Samuel Williamson was not present or any person for him—[signature of Elisha Rittinghouse] Sworn the 27th of May 1812 [signature of James Linn] Master in Chancery [page 7 of document] Jonathan Moore being again called saith that in the year 1808. Cornelius Williamson son of the deft [Sam Wmsn] cut timber for a frame barrack off sd[said] farm, and had sons carry the same away— [signature of Jonathan Moone] Thomas Lake being sworn, saith, that is well acquainted with the farm late Wm. Williamson and has been acquainted with it all the days of his life having lived by it— In the year 1787 the sd[said] farm was in about midling repair— that at that time, and in the repair it was then in, he thinks it would have rented for from 70 to 75 pounds per year, that in the year 1795 or 1796 it would have rented for forty pounds— That for the last twelve years it would have rented, in the repair in which it was, for sixty pounds per year and thinks that would have been a low rent for it, And if it had been kept in repair, would have rented for more—That Witness of ____ ____ last of April last viewed the farm with Othniel Gordon, Elisha Williamson and _____ ______ with a view to make an estimate of the damage done to the wood land —at the request of Asher Williamson—That the estimate by Witness and the sd[said] ______ was that the damage done to sd[said] wood land from the time Sam'l Williamson [obtained or attained] the property until that time if the timber then cut was now standing would be fifteen hundred dollars inclusive of that was supposed _______ for repairs of the land—Knows that Deft sold Jacob Bug______ ___ firewood for ____- _____, but does not know the quantity, Bug____ did not get all the wood ___ _____ [page 8 of the document] from sd[said] farm.—That Lewis Andrews the year before last got firewood from sd[said] farm but was not known how much. the Deft total which that _____ was to have ____ from time—That witness hauled him a load—That witness's son William got a [frame] for a meat house about 10 feet by 17 from sd[said] farm. The posts 12 feet ___ got of which had been ___ __ __ but __ which frame was got from the Dft'd—That he heard the Def' say that he had sold [Slyah] Wilson twenty white Ash from sd. farm and frame barrack— That the Def's son Peter found fault with his father for selling them too much—The Def t answeres that he had not sold them as much as said Peter himself had sold—that this conversation was about _ __ __ years ago—That Peter son of Def t sold timber off the place and also Wm. son of Def t has sold timber but does not know how much—That estimating the damage Witness said the ______ afterward was ______ _______ the damage done to the wood lot sold to Sam'l Opdike at 20 dollars per Acre. Witness knows that Jonathan Johnson got some wood of Def't—he knows of [3 or 7] Cords and that he got some before, but how much he does not know. John Mudenot got forward for _____ _____ Def't off sd' farm—that quantity witness does not know—Witness has heard Def't say that he had sold to John Dalrumple ___ the wood that ws down in the woods over the Creek, this was last Winter—The wood got by Johnson and Muddenot was got at the same time witness got wood—Witness know that Deft' sold _____ to James Laroe a dead ______ which was cut last Winter—Witness says that for two years past has been in very bad repair as to the fences. Sworn May 27, 1912. [signature of Thomas Lake] before [signature of James Linn ] Master of court [page 9 of document] Charles Sergeant being sworn saith—that he is acquainted with the farm late Wm Williamson, has lived in the neighborhood sd' farm for upward of 60 years—That in the year 1727 the sd' farm was but in middling repair as to the fences—That an average reasonable cost of said farm the sd' years to the present time would in the opinion of witness be about forty five pounds per year—That witness with Othniel Gordon, [E]lisha Rittenhouse and Thomas Lake viewed said farm and timber land The latter end of April last for the purpose of making an estimate of the damages, and he thinks that the timber cut and carried away over and above the repairs for said farm if it was not standing would be worth fifteen hundred Dollars— That in estimating the damage to the timber, the lot sold to Sam'l Opdike was estimated at 20 dollars per Acre. [signed Charles Sergent] Sworn the 27th of May 1812 before [signature of James Linn,] Master in Chancery— Testimony for the Defendant taken at the Hearing [page 10 of document] Richard W. Heath being sworn saith, that he moved on the farm late WM Williamson in the year 1789 and was tenant under def't on said farm for five years—that witness had a one half of sd' farm—That as rent witness paid one third of the grain he harvested and of the flax.—That witness ______that thirty five _____ a year would have been at that time a sufficient rent for the whole of farm.—That _____ ____ in 1789 the fences were pass particularly the _______ fences. That the inside fences were middling—that witness and the Def't ____ a mass ___ had the _____ fence put in repair—That which witness lived on sd' farm he don't know of timber sold or damage done to the timber—and thinks as much care taken of the timber is usual— Crop examination— That Deft' told witness 2 years ago this ______ _______ he had _____ to rent the farm to John ____ and Sam'l Williamson __ twenty pounds per year but Read equivocated about sowing some grass seed—Witness _______ that he thought it a high rent. Def't answered that he could have had twenty five pounds a year from Wm Rockafellow but he had ________ it. Sworn May 27, 1812 [signed Richard W Heath] Before [signature of James Linn] Master of Ct. [page 11 of document] This Peter is the son of Defendant Samuel Williamson Peter Williamson being sworn saith, That he move on the farm late Wm Williamson in the year 1789—That witness had one half of it and Richard W. Heath the other half, That he lived on sd' farm as tenant to Def't for five years —That Witness for rent gave the ____ of the grain raised and the flax—Witness thinks that no person whatsoever at the time he lived on it could afford to give more than thirty pounds a year rent—That it was much out of repair. The fences very poor—the outside fences a considerable part of brush, especially on the North side—That in the year 1790 the Defendant caused a great number of railes to be split and the fences put up. That witness after the fences were put up, counted the _______ which amounts to 937 nearly all of new rails—a few old rails among them, not many—That during the time witness lived on sd' farm there was no timber sold or destroyed, not a stich to his knowledge—That in the year 1790 the Def't built a large Frame barn on sd' farm—And some years after he thinks—1793 the Deft' built an addition to the House, and repaired the storm House—That when R. Heath moved off sd' farm Wm Williamson came on —Not then Witness and his brother took up the farm at a rent, but cannot say that any particular ___ was agreed on, and that they never paid any rent unless it was particular things they did for their father the said defendant—That Witness and [page 12 of document] his brother William lived on sd' farm until the spring of 1808 in that way—Says during that time Witness and his brother lived on the farm they sold some timber for stoves, but it was ____that was in the way—or off the buts of trees that were cut for rails—That when Wm. Williamson barn was burned Def't gave him some timber towards building another—The same, when ___ David Bishops barn was burnt down. Def't let Bugenes have firewood for several years. Def't sister lived with Bujenes and he said they should not suffer—G was altogether of timber that was dead or down and of little was and cautioned witness not to let him have any but what lay down unless it was dead saplings—Says he heard Def't say he had let Jonathan Johnson have some—but would not let any one ___ as they were apt when they went into the wood to cut green timber— Does not know that his father the Defendant ever sold staves, ___ back—Witness and his brother peeled the bark off the timbers they made rails of, and sold it, but no other — There was part of a frame to build as addition to a house Def't bought of Aaron Thatcher but not used but afterwards sold to William Lake as witness has heard—Witness knows that some white Oaks were sold to Elijah Wilson for a frame Barack but cannot say how many —Witness sold and saw log to Othaniel Gordon but does not know of Def't ever selling any—The ______ that witness took to Elisha Williamson saw mill were used in building and covering a waggon house and stable that witness built on the farm and for other repairs during. [page 13 of document] During the time Witness lived on the farm witness does not think there was sold off the place by any persons whatever ____ of timber, staves or firewood to the value of two hundred dollars. Witness knows that his brother Cornelius got timber for a frame Barrack off the farm—Witness says that during the time he lived on it there was not greater determination made of the timber than what is usually made to ___ up repairs—that witness __________ on the place one year after Jonathan Moore went off—And that year witness had the whole place—That the rent given by Witness and Moore was in his opinion g____ too much, but were both ______ of places and had to take it—That during the whole time witness lived on sd' farm the Def't cautioned him to be careful of the timber and not destroy it-That, that was the main object—Witness says that when he ____ went on the place he complained to Cornelius Williamson father of the Compl't that the place was poorer than he expected—He answered that witness need not expect to make a living by raising grain, witness then asked him how he was to make a living, he answered that witness must raise some Creatures but at that he could not do much. The land was ____ too poor for _____—Told witness this more than twenty times—that the place had been worked so long that it was worn out— Crop examined.— [page 14 of document] Witness says that he sold some timber off the place to Thomas Lake, which was to be of dead sapplins for studs for a building, cannot say how many—Witness let James Hunt have two sapplins off the place— Sworn May 27, 1812. [Signature of Peter Williamson] before [signature James Linn] Master of Court Richard W. Heath being again called on the part of the Complt' says the he has seen the rails made on sd' farm ________ by Peter Williamson, but thinks there could not have been as many as he states, but never counted them— Sworn before [signature of James Linn] [signature of Richard W. Heath] Master in chancery May 27, 1812 Thomas Lake being again called upon the part of the Complt. says the frequently he has seen the rails mentioned by Peter Williamson to have been made on sd' farm by _______ Hull, and does not think there was a thousand new rails, but never counted them. And after the fences was made it was indifferent, and does not think there was more than 2 new rails to a pannel—Witness says the times before it was repaired was not so poor, but it turned the Cattle— Sworn May 27, 1812 [Signature of Thomas Lake] before [signature of James Linn] Master in Chancery [page 15 of document] George Dilts being sworn saith that he did the Carpenter work __________ to the barn built by Sam Williamson on the farm late Wm Williamson-That the size of the barn is 46 feet by 36 Frame—Witness calculated that sd barn cost including work, materials and allowing a compensation to Sam' Williamson for his __________ and trouble two hundred and forty dollars that the roof of the barn is thatch. and was built in the year 1790—that the said sum_____ _____ of the materials got off the farm for said barn. That Def't repaired the _____ Dwelling house by studding and weather boarding of it on new____ ____ then repairs a wire frame in 1790—. In the year 1793 the Def't built additions to the Dwelling house—a story and a half high, about 10 feet by 32, two ____ that he estimated the Cost of the building at One hundred and eighty dollars, this is exclusion of the timber for the frame which was got on the Deft. farm—The Deft' has also built a house on East side of the barn, and built also a ______ _____ adjoining the back of the House And has built a Waggon House and a smoke house—witness did not build them, but upon examining them thinks that all these buildings would have Cost with some repair to the roof of the House _____ __ the timber, One hundred and twenty dollars— That witness at the request of the Deft' viewed the said buildings on the 25th instant in order to make an estimate as before stated [page 16 of document] Witness says that some of the Def't buildings ____ now constantly out of repair particularly the House. Crop examiner says that his estimate of the Buildings is made for the time of there being built— Sworn May 27, 1812 before [signature of George Dilts] Linn Master of Court John Wolverton being sworn saith that he is a Carpenter by trade and was requested by the Def't to view the buildings mentioned by George Dilts, which he did at this time______ by _____ and with _____ and witness is of Opinion that the estimates and calculations made by Def't George Dilts of the said buildings are accurate— Sworn May 27, 1812 [signature of John Wolverton] Before [signature of James Linn] Master in Court. File: Asher Wmsn Filed May 28 1812.doc