In Chancery, New Jersey, Answer to Bill
Samuel Williamson, Defendant and William Williamson and other Complainants
George B. Maxwell, solicitor for the Defendant
Filed 10 July 1810, J. Lane, Clerk, No. 2, Decree No 9, pages 135-289.

In the Chancery of the state of New Jersey
The answer of Samuel Williamson, Defendant to the bill of complaint of William Williamson, 
Cornelius Williamson, Asher Williamson, Joseph Williamson, Jacob Hoppock and Bernice, his wife; 
Patience Williamson and Moyca Williamson, Complainants.
This defendant saying and reserving to himself all manner of benefit of exception which may be had or 
taken to the many errors and insufficiencies in the Complainants said Bill of Complaint contained, for 
answer thereto, or to such parts thereof, as he is advised is any way material for him to answer unto, he 
answers and says that William Williamson, of the Township of Amwell, in the county of Hunterdon, 
and State of New Jersey; grandfather of the Complainants, and father of this Defendant, was in the year 
of our Lord, One thousand seven hundred and sixty four, [1764], seized in fee simple and in actual 
possession of two certain tracts of land situate in Amwell Township aforesaid, the first of which was a 
tract of land conveyed to William Williamson by Tunis Amerman and Paul Amerman, by deed bearing 
date on or about the twelfth day of May in the year of our LORD, One thousand seven hundred & 
thirty-five [12 May 1735], and is bounded and described as follows, to wit,
Beginning at a forked maple tree standing on a Rock, thence east by a line of marked 
trees, 65 chains and 89 links to a small hickory tree marked for a corner in Thomas 
Gordon's line, thence by his line north 42 chains to a heap of stones for a corner near 
two hickory trees marked, thence west 65 chains by a line of marked trees, 89 links to 
another heap of stones for a corner, thence south 42 chains to the first mentioned corner
containing and laid out for 260 acres of land, with allowances for highways
as by the deed, now in the possession of this Defendant, and ready to be produced before this honorable 
court will more fully and at large appear. The second was a tract of land conveyed to William 
Williamson by Richard Lanning by deed bearing date 31 Jan 1742, situate in Amwell aforesaid, and is 
bounded and described as follows, to wit,
Beginning at a hickory standing in Thomas Gordon's line, being a corner to
Williamson's land, and also the northeasterly corner to Lanning's land from thence by 
Gordon's and Lanning's line, south 10 chains to a corner stone from thence by a "slant" 
(?) line running across Lanning's and south near 77 degrees west to the westerly side 
thereof and to a stone placed for a corner in his line, being 15 chains to the southward of 
his northwesterly corner, from thence north along his and Johannes Wandle Helfors line, 
15 chains to a corner post standing in Williamson's line, from thence east along the line 
24 chains to the first mentioned corner or place of beginning, and contains 30 acres of
land,
as by the deed now in the possession of this Defendant and ready to be produced before this honorable 
court will more fully and at large appear. The two tracts of land containing according to the deeds, the 
quantity of 290 acres, being all the real estate belonging to William Willliamson in Amwell Township, 
aforesaid. And this Defendant further answering saith that William Williamson, being thus seized of 
the two tracts of land, did on or about 24 June 1764, duly make and execute his testament and last will, 
in the words and figures following, to wit,
In the name of God, Amen, I, William Williamson of Amwell and county of Hunterdon 
and Western Division of New Jersey, yeoman, calling to mind the mortality of the body
and being but poorly in health and weak in body, though of perfect mind and memory, 
blessed be God, I now make, ordain and appoint this to be my last will and testament.
And, first, I recommend my soul to God that gave it, and also my body, I recommend it to 
the earth to be decently buried at the discretion of my executors hereafter named and 
appointed. And as for such worldly estate as it has pleased God to bestow and give me
with, I give, devise and bestow it in manner following, viz. And first, I will and require 
that my funeral charges and just debts be fully satisfied, contented and paid by my 
executors hereafter named and appointed. And next I will and bequeath and bestow to 
my beloved wife, Patience Williamson, £33, to be paid her out of my bonds or bills three 
months after my decease, which shall be her own right and property to herself, her heirs 
and assigns forever. As likewise I will, order and appoint that my beloved wife, Patience 
Williamson, shall have the command of my plantation (household goods, stock of 
creatures, and farming utensils during her widowhood.) I likewise will, bequeath and 
bestow to my two beloved daughters, Margaret Larrow and Moyke Williamson £50 each, 
to be paid to them one year after my decease out of the bonds, bills bank debts or money 
which is or may be due to me. And as to the remainder of money, bonds, bills and 
accounts, I will, bequeath and bestow it equally between my beloved sons, Cornelius 
Williamson, Samuel Williamson, William Williamson, John Williamson and Abram 
Williamson, to be paid them in one year after my decease, and each part, share or legacy 
shall be their and each of their own rights, property and estate to them, their heirs and 
assigns forever. I likewise will, order and appoint that whenever my beloved wife, 
Patience Williamson, shall or doth either marry or expire, that then at such time my 
executors hereafter named and appointed shall have full power and authority to take into 
their possession all my land, stock and utensils, household goods and estate and to make 
sale thereof the moveable estate, as soon as conveniently can be done, and the land to be 
sold within two years after her marriage or decease by my executors hereafter named 
and appointed who shall sell the whole estate as aforesaid, convey the lands to the 
purchaser or purchasers, whose deed shall be lawful and valid to all intents and 
purposes. And out of the money arising by the sale of such stock and lands aforesaid, my 
executors hereafter named and appointed shall pay in three years after such sales to my 
two beloved daughters, Margaret Larew and Moyky Williamson, £50 each, which shall 
be their and each of their own right, property and estate, to them, their heirs and assigns 
forever. And all the remainder thereof shall be equally divided between my beloved
sons, except my beloved son, Abram Williamson, who shall have £100 more than either of 
my sons, and each ones share or part, or legacy so willed and bequeathed, shall be their 
and each of their own right, property and estate to themselves, their heirs and assigns 
forever. And lastly, I otherwise nominate and appoint my well beloved sons Cornelius 
Williamson and Samuel Williamson, to be my lawful executors to this my last will and 
testament, and disallow and disapprove of all and every will and testament and executors 
before allowed and approved, and approve of, and confirm these now made and 
appointed. In witness whereof, I have hereunto set my hand and seal 24 June 1764. 
William Williamson, Seal. Witnesses present at signing and sealing: Peter Rittinghouse, 
Garret Lake, John (X) Bilby.

As by the testament and last will duly proved appears, and this defendant further answering, saith that 
William Williamson departed this life in 1765 without having revoked or altered the testament and last
will. And this Defendant further answering, saith that some considerable time after decease of William 
Williamson, to wit, on or about 16 Jun 1774, this defendant duly proved the testament and last will of 
William Williamson and took upon himself the burden of the execution thereof. Cornelius Williamson, 
the other executor therein named, having refused and neglected to prove the same and to take upon
himself the burden of the execution thereof. And this Defendant further answering, saith that William 
Williamson at the time of his death left his wife, Patience, in full life, and also his sons, Cornelius,
Samuel, William, John and Abraham, and his two daughters, Margaret and Moikey, in the will named. 
That Patience, widow of William Williamson, took possession of the two tracts of land above 
mentioned under the will, and kept the possession and received the profits thereof until her death, which 
was in December 1787. That according to the terms of the will, the land was to be sold and the monies 
arising there from, after the payment of the legacies mentioned in the will, were to be divided amongst 
the five sons of William Williamson, but Abram Williamson, one of the sons having departed this life, 
before the death of Patience Willimson, intestate and without	, this defendant supposed the monies 
arising from the sale of the two tracts of land, after the payment of legacies were to be divided between 
the four sons of William Williamson, to wit, Cornelius, Samuel, William and John. And this Defendant 
further answering saith that Cornelius Williamson, the father of the Complainants, was the eldest son of 
William Williamson, and that Cornelius Williamson lived with the widow, and on the death of Patience,
the widow of William Williamson, took possession of the two tracts of land and held the same until the
sale thereof by this Defendant. And this Defendant further answering saith that according to the 
testament and last will of William Williamson, which ordered and directed that the tracts of land should 
be sold within two years after the decease of Patience Williamson, this Defendant being the only 
executor who have proved the testament and last will, did on or about _ March 1789, set up the two 
tracts of land for sale by way of public vendue, he having first advertised for a considerable length of 
time the time and place where the same would be exposed to sale. That on the day of the vendue or 
dale, a number of persons were present, that Cornelius Williamson, father of the Complainants, was 
also present, the vendue being held at the mansion house on the land, and where Cornelius then lived. 
And this Defendant further answering, saith that the two tracts of land were set up at public sale or 
outcry for a considerable time, and very person there present had an opportunity to bid for the same, 
and in particular that the Defendant urged and requested Cornelius Williamson to purchase the same, 
stating that as he lived on the land it would suit him better than another person. But that Cornelius 
Williamson declined purchasing the same, declaring that it was but of little value. That this Defendant 
not wishing the same to be sold at an undervalue, requested his son, Cornelius Williamson, Junior, to 
bid for the same, who accordingly did bid for the same, the sum of 42 shillings per acre. That this 
Defendant did not at that time strike off the two tracts of land to Cornelius Williamson, Junior, but 
adjourned the sale on the bid and declared to those assembled that if any person would come forward 
and give more for the land, he would sell the same, but that if no person came forward in a reasonable 
time and offered more, that he would convey the same according to the bid of Cornelius Williamson, 
Junior. That this Defendant did not adjourn the sale to any particular day, but left it as above stated for 
any person who wished to purchase to apply to this Defendant. And this Defendant further answering 
saith that the price or sum of £2:2 per acre was nearly or about t he value of the land, and was a larger 
sum than any other person offered for the same, and more than Cornelius Williamson, the father of the 
Complainants would give for the same. And was also as much land of the same quality in that 
neighborhood sold for about that time. And this Defendant further answering said that he took the 
possession of the two tracts of land soon after and held the same for some time and no person offering 
more than had been bid by Cornelius Williamson Junior, he, this Defendant, did on 9 August 1792 sell 
and convey to Cornelius Williamson Junior, the tract of land containing 240 acres for the price or sum 
of £552 lawful money of the state of New Jersey. And that he, this Defendant, did also on the said day, 
sell and convey to Cornelius Williamson Junior, the other tract of land containing 30 acres for the price 
or sum of £63 lawful money of New Jersey. And that this Defendant did not survey the two tracts of 
land, or cause them to be surveyed, nor did he know that the same had been surveyed from the time it 
was purchased by William Williamson. And that when he executed the two deeds to Cornelius 
Williamson Junior, he described the land according to the courses and distances mentioned in the deeds 
to William Williamson, and mentioned the quantity as the same. As by the two deeds now in the 
possession of Cornelius Williamson, and to which for greater certainly this Defendant begs leave to	 
will appear. And this Defendant further answering saith that Cornelius Williamson Junior, on 10 
August 1792, did by his deed, sell and convey to this Defendant the tract of land containing 260 acres 
for the previous sum of £552 lawful money of New Jersey. And that Cornelius Williamson Junior, did 
also on the same day sell and convey to this Defendant the other tract of land containing 30 acres for the 
price or sum of £63 lawful money of New Jersey. And that the two deeds from Cornelius Williamson 
Junior to this Defendant describes the lands according to the courses and distances mentioned in the
deed	_ to William Williamson and mentioned the quantity as the same, as by the two deeds now 
in the possession of this Defendant, and ready to be produced before this Honorable Court, will more 
fully and at large appear. And this Defendant further answering saith that he did not at the time when 
he made the sale under the authority vested in him by the testament and last will, know that there was 
any greater quantity in the two tracts than the quantity expressed in the two deeds to William 
Williamson. And this defendant further saith that the sale so made by him was not made with any 
fraudulent or corrupt views, nor to defraud either Cornelius Williamson, the father of the Complainants, 
or any other person interested in the same, and that he was willing and urged Cornelius Williamson, the 
father of the Complainants, to buy the two tracts of land at the sale, and also willing that he should have 
purchased the two tracts of land at the same price that they were sold to Cornelius Williamson Junior by 
this Defendant. And this Defendant expressly denies that the two tracts of land were at that time worth 
£6 per acre but believes that £2:2 per acre was at that time a reasonable price for the same. And this 
Defendant further answering saith that since the sale, so by him made as aforesaid, he has heard, and by
a survey which he has lately caused to be made, he is induced to believe that there is a larger quantity of 
land in the two tracts than the quantity of 290 acres, but he is unable to say how much the over-plus 
amounts to as there are controversies respecting the lines between the two tracts and the adjoining tracts 
of land, but this defendant supposes the sum to be about the quantity of 60 or 70 acres. And this 
Defendant further answering saith that after the sales so made as aforesaid, he paid and satisfied 
William Williamson and John Williamson, two of the sons and devisees of William Williamson, and 
entitled to one-half of the proceeds of the sale of the two tracts of land, and of all their claim for any 
over-plus land that might be in the two tracts of land. And this Defendant further answering saith that 
Cornelius Williamson, father of the Complainants never objected to this sale and the price for which the 
land was sold, except so far as refuted in the quantity which was called over-plus land, or what was 
over and above the quantity of 290. And that Cornelius Williamson claimed this over-plus land as heir 
at law to his father, William Williamson. And this Defendant further answering saith that he has settled 
with Cornelius Williamson for his share of the proceeds of the sale of the land so far as respects the 290 
acres, and has repeatedly offered to settle with and pay to Cornelius Williamson for the one-fourth part 
of whatever quantity of acres there might be in the two tracts of land over and above the 290 acres, at 
the same rate at which the same was sold to Cornelius Williamson Junior, and to pay Cornelius 
Williamson interest on the purchase money from the date of the sale. And this Defendant has always 
understood and believed that this is all that Cornelius Williamson was entitled to for William 
Williamson in and by his testament and last will, ordered his executors to sell all his real estate, and to 
divide the money arising from the sale in the manner herein before set forth. And this defendant further 
answering saith that as soon as he knew that the two tracts of land contained a larger quantity than the 
290 acres, he has always been ready to pay and satisfy Cornelius Williamson, in his lifetime, for the 
one-fourth part of the over-plus at the rate of £2:2 per acre, with interest from the time of the sale, and 
has offered to Cornelius Williamson in his lifetime, to do so. And has also offered to pay the sum to the 
Complainants since the decease of Cornelius Williamson, and still is ready so to do. And this 
Defendant further answering saith that after the Services of the Declaration of Ejectment, mentioned by 
the Complainants on this Defendant, and before the filing of the Bill of Complaint by the Complainants 
against this Defendant, he the Defendant authorized his attorney, George C. Maxwell, to make the same 
proposition to the attorney of the Complainants, which he, George W. Maxwell, informed this 
Defendant that he did, and which offered this Defendant believes was communicated to the 
Complainants, and that they refused to comply with the same. And this Defendant further answering 
says that Cornelius Williamson in his lifetime after the sale so made as aforesaid, by this Defendant, 
and before Cornelius Williamson had removed from off the two tracts of land, never had the possession 
of any part of the two tracts further than by occasionally cutting some timber on the same, which this 
Defendant, considering him as his brother, did not prosecute him for. And this Defendant further 
answering saith that no survey was made whereby the amount of the over-plus land was ascertained in 
the lifetime of Cornelius Williamson, nor was it ascertained what part of the same should be considered 
as over-plus land. And this Defendant further answering says that admits that Cornelius Williamson 
made his testament and last will in manner and form as set further by the Complainant s and that the 
Complainants are the legatees or devisees under the testament and last will and that the Complainants 
did serve a Declaration of Ejectment on this Defendant at the time they herein stated in their bill, and 
that the same is still pending and undetermined. And this Defendant denies all fraud and unlawful 
combination wherewith he stands charged. Without that, that there is any other matter or thing in the 
Complainants Bill of Complaint contained material for this Defendant to answer unto, and not herein 
and hereby well and sufficiently answered unto is true to the knowledge or belief of this Defendant. All 
which matters and things he is ready to avow and prove, and he prays to be _ dismissed with his 
reasonable costs and charges in the law in this	most unjustly incurred. George C. Maxwell, 
solicitor and Counsel with the Defendant.

New Jersey. Samuel Williamson, the Defendant in the foregoing cause, being duly sworn on his oath, 
says that the facts contained and set forth in the	Answer, as far as the same relates to his own acts 
and deeds are true, and as far as they relate to the acts and deeds of any other person or persons, this 
Defendant believes the same to be true.

Samuel Williamson, sworn 3 July 1810 before me, George Maxwell, Master in Chancery
Transcribed by Marilyn Schmidt 30 July 2004.