Peter Warren - Plt against Nathl. Goffigon Deft
19 May 1791


(Intro:)
In January 2004, a bad back and the flu gave me the opportunity to read through a few of the volumes that have awaited just such days. One of the most interesting
was a volume of Eastern Shore District Court records that Gail Walczyk transcribed a few years back. These records are neither well-known nor frequently scrutinized for that all-important missing family connection, that one little clue that so warms the hearts of family researchers.  The excerpt we display below was particularly interesting ... not only for its glimpse in Court workings, but for its rather flat-footed picture of family interactions. Many thanks to Gail for allowing us to post it here on the GHOTES  Web site.


Walczyk, Gail W. EASTERN SHORE DISTRICT COURT 1789-1797, Coram NY: Peter's Row, 2003, pp 54, 55.

Peter Warren - Plt
against In Case
Nathl. Goffigon Deft
This day came the parties by their Attorneys, and the parties their Attorneys aforesaid state the following in lieu of a verdict by a Jury therein, to wit, that a certain Mary and a certain Thamar Warterson were sisters and tenants in coparceners in fee of and in one hundred and fifty acres of Land situate in the Parish of Hungars and County of Northampton that a certain Peter Warren the elder intermarried with the aforesaid Mary Warterson and by her had issue Peter Warren Jr the Plt aforesaid who is heir at common law as well to the said Peter Warren the elder ans to the said Mary his mother, and also other children. That the said Peter Warren the elder during the marriage aforesaid purchased the estate of the said Thamar Warterson of and in the aforesaid one hundred and fifty acres of Land. That afterwards the Mary died seized of her part of the said one hundred and fifty acres of Land as aforesaid, where by the said Peter Warren the elder became seized of the said one hundred and fifty acres of Land in manner following, to wit, of the one half thereof by purchase from the aforesaid Thamar in fee and of the other half thereof as tenant by the curtesy for life, reversion in fee to the Peter Warren Junr the Plt aforesaid who is heir of the said Mary. That afterwards the said Peter Warren the elder intermarried with certain Rose Johnson by whom he had issue sundry children, and having made his last Will and Testament in writing bearing date the eleventh day of November 1781 and added a codicil in writing there to on the thirteenth day of the month and year aforesaid afterwards to wit, about the last of the month aforesaid in the year aforesd died. That after his death, to wit, on the 11th day of December in the year aforesaid the said Will and Codicil were duly proved before the Court of the County aforesaid and therein admitted to record which said Will and Codicil are in the words following, to wit, In the name of God Amen &c That Rose Warren the widow of the said Peter Warren the elder deceased entered into the lands aforesaid under the said Will of the said Peter Warren the elder deceased and during her life performed the conditions mentioned in the said Will and died about December 1783 having first made her last Will and Testament in writing and thereof appointed Nathaniel Goffigon, the Defendant aforesaid Executor, which said Will was afterward proved and admitted to record and the said Nathaniel Goffigon, the Deft aforesd took upon himself the burthen of the Executorship thereof and by pretext thereof entered into the Lands whereon the said Peter Warren the elder lived at and before his death, which received the rents issues and profits as well of those land whereon the said Peter Warren was seized in fee as aforesaid as also of the said one half of the aforesaid one hundred fifty acres whereof the said Peter Warren the elder was seized for life as tenant by the Curtesy aforesaid, reversion in fee to the said Peter Warren the younger the Ptl aforesaid from the first day of January 1784 until the said Peter Warren the Plt aforesaid arrived to lawful age, and during all the times aforesaid paid the expences of the board, clothing and Schooling of the said Peter Warren the younger the Plt aforesaid. That the rents issues and profits of the lands whereof the said Peter Warren the elder was seized in fee during the term aforesaid amounted to the sum of One hundred and eighty nine pounds seventeen shillings and six pence and that the expenses of the said Peter Warren the younger the Plt aforesaid for board, clothing and schooling during the term aforesaid amounted to the sum of one hundred and thirty six pounds seventeen shillings and four pence half penny. That the rents issues and profits of that part of the Lands aforesd whereof the said Peter Warren the elder was seized for life as tenant by the Courtesy as aforesaid, the reversion in fee to the Peter Warren the younger the Plt aforesaid during the term aforesd amounted to the sum of one hundred and thirty five pounds twelve shillingsand six pence upon which facts disclosed and agreed upon in manner aforesaid, the said parties by their said Attorneys submitted themselves to the opinion of the Court, and if it shall be the opinion of the Court that the said Plt ought to recover, it is consented that Judgment be entered for him against the Deft for the sum of one hundred and thirty five pounds twelve shillings and six pence and the legal Costs of such, and if it shall be the opinion of the Court that the Plt ought not to recover, it is consented that Judgment be entered for the Deft to recover his legal Costs of the sum against the said Plt and the Court not being advised what Judgment to give in the premisses, this cause is continued until October Court next for argument."

Page updated January 5, 2004 (wls)


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