James Brintzinghoffer ← Theodore Clarence Brintzinghoffer ← Theodore Canfield Brintzinghoffer ← Margaret Hays ← Addis Hays ← George Lambert ← Henry Hays
This is a transcription of multiple depositions taken in 1819 related to a lost deed for a property purchased in 1785 by Henry Hays, my 5th great-grandfather, from Daniel Ellis and William Smith, assignees of John Hays, at a public sale in Burlington Township. It includes the mark of Henry Hays and a map of the property.
Notes: Capitalization and punctuation are as given. Some nouns and the start of sentences seem to be capitalized. Abbreviations or unreadable text is noted in brackets. A chain is a unit of measurement – 66 ft, or 22 yards, or 100 links.
State of New Jersey[fr:?] Henry Hays Senior of the County of Burlington on his solemn oath deposeth and saith that in the year of our Lord seventeen hundred and eighty five Daniel Ellis and William Smith Esquires, as assignees of a certain John Hays, sold and conveyed to the Deponent by a certain Indenture duly executed under their hands and seals all that plantation where the deponent now resides situate in the Township of Burlington and County of Burlington aforesaid [?] as follows, Beginning at the corner of Peter Schuyler’s land at low water mark on Delaware River and running thence south sixty seven degrees east sixty nine chains and seventy three links to a stone corner to Peter Schuyler–Thence south thirteen degrees west six chains and fifty-five links to a black oak stump corner to Peter Schuyler, thence south five degrees east seven chains to a stake corner to William Hays, thence south eighty-three degrees, east twenty-nine chains to a stone corner to William Hays in Henry Kale’s line, thence north five degrees west, two chains and nine links to a stone in Henry Kale’s line corner to William Hays, thence North seventy three degrees and thirty minutes west nineteen chains to a stone corner to William Hays thence North three degrees west eleven chains and fifty links to a stone corner to Samuel Bolton, thence North fifty one degrees west twenty two chains and forty eight links to a white oak stump corner to said Bolton then North forty four degrees East fourteen chains and thirty links to a post corner to John Woolman thence North forty seven degrees West thirteen chains and forty five links to a hickory corner thence south forty four degrees west fifteen chains and seventy seven links to a hickory corner thence North fifty one degrees West twenty-four chains and ninety links to a post corner to Hewlitt Hancock thence south twenty seven degrees West two chains thence North fifty one degrees West five chains and fifty links to a post corner to Daniel Williams, thence South thirty degrees and forty five minutes West seven chains and twenty two links to a black oak stump thence North seventy five degrees West nine chains and seventy five links to the river Delaware at low water mark then down said river at low water mark to the place beginning containing one hundred and fifty acres of land more or less – and the deponent further says that he that the above bounds are taken from a survey of the said tarct of land made by William Woolman Esquire a Deputy surveyor at the request of the Deponent and is made as this Deponent believes, according to the bounds of the said Tract of Land as drawn by this Deponent and acknowledged by the adjoining owners of land – and as the said Tract has been always owned by the Deponent since the year seventeen hundred and eighty five. And the Deponent further saith that the aforesaid Daniel Ellis William Smith and John Hays formerly of the said Township of Burlington have been dead many years – That the said deed of conveyance was in the handwriting of said Ellis who was employed by the Deponent to write it – and that it conveyed the said plantation to the Deponent his heirs and assigns forever without any limitation or trust whatsoever – that this Deponent purchased the said plantation of said Ellis and Smith at a public vendee made by them of the estate of said John Hays – that the said Deed was never recorded but was acknowledged before Joshua McWilliams Esquire then one of the Judges of the County [Cein?] and he does not recollect who [over the ? to the ? ? of ? ?} of the County of Burlington – And the Deponent further saith that he had his said deed in his possession until he was taken sick about four years ago – that during his illness as he is informed by his son Henry Hays – it was locked up in the Chest with his other writings – and that afterwards when the Deponent had all his writings examined by his said son the said deed could not be found – nor has this Deponent ever been able to find it since though he has done everything in his power and he verily believes the said deed is totally lost – that he has no doubt that some evil [dis paired?] person took it from the chest – but has no knowledge of such here on as to when it was done.
Henry Hays Senior [X] his mark
Sworn the 20 February 1819
Before me
Thomas Adams
[Commist ??][MAP OF THE PLOT] Plot of Henry Hays, Plantation in the Township of Burlington
State of New Jersey [fr:?] George Gilbert of the Township of Mansfield in the County of Burlington, being duly affirmed according to law deporeth and saith that he is well acquainted with the plantation where Henry Hays Senior now resides in the Township and County of Burlington that he knew it when it was owned and occupied by John Hays – now deceased – that in the year seventeen hundred and eighty-five in February or March the deponent was present when the said plantation was sold by Daniel Ellis and William Smith as assignees of the said John Hays at public vendee to said Henry Hays Senior – that is the Spring of seventeen hundred and eighty five this affirmant[?] said plantation of said Henry Hays – and lived on it late the spring of seventeen hundred and eighty six when said Henry Hays onto said farm and he’s constantly resided on it ever since – that this affirmant was present and carried [?] the running of said farm lately by William Woolman Esquire – and that the lines were run according to what had been considered the correct bounds thereof as far as the affirmant knows and believes – and the affirmant further says that he has frequently seen the deed from said Ellis & Smith to said Hays for the said Tract of land and has read it – That it was written in parchment and bore date in seventeen hundred and eighty five – and was in the handwriting of said Daniel Ellis (with whose hand writing the affirmant is well acquainted) and was a long deed containing many recitals – that the affirmant was there when said Hays [offered?] to said Ellis to write it – that this affirmant does not recollect the names of the witnesses to said deed but he recollects it was signed by said Ellis and Smith – that he has seen some of said Smith’s writing but is [less?] well acquainted with it as with the handwriting of said Ellis- And the affirmant further saith that he last time saw said deed was about eight or nine years ago when it was produced by the said Henry Hays Senior for the purpose of running the line between his said farm and the farm of Peter Schuyler – on running the line – the deed of said Hays & Schuyler agreed.
George Gilbert [his own signature]
Affirmed the 20 February AD 1819 before me
Thomas Adams
[Commist ??]
State of New Jersey [fr:?] Henry hays Junior son of Henry Hays Senior of the Township of Burlington and County of Burlington on his solemn oath saith that he is now fifty years old – that he has been acquainted with the farm now occupied by his said father in the Township of Burlington before and ever since the year nineteen hundred and eighty five when it was purchased by his father of Daniel Ellis and William Smith – that said farm has ever since been in the [? and ?] possession of his said father – that the Deponent has often seen the deed from said Ellis and [? ?] said father for said plantation in the handwriting of said Ellis – that it was shown by his father and put into the possession of Samuel Woolman a [Jersey?] seven or eight years ago when said Woolman was employed by Peter Schuyler to [? ?] out his farm – to ascertain the true line between said Schuyler and said Hays – and that the lines written as [?] titles were found to agree – that about four years ago his said father being very ill and likely to die the affirmant by the advice of friends collected all his deeds and papers and put them in a chest in a room adjoining that in which his father lay sick – that among them he well remembers was the deed from said Ellis and Smith to his father for said plantation – which this Deponent folded in [?] paper and laid it in the top of all the other papers – next the Deponent locked the chest and left the key with one of the family – the deponent now residing at a distance from his father [?] – that his father recovered from that sickness and in about three months after the Deponent had put the deed in the chest as before stated – his father desired him to look over his papers in the chest and put them in proper order – that having gone over everything in the chest, the said deed from said Ellis and Smith to his said father was missing – nor could it be found after a most diligent search over the house – that this Deponent [? ? ? ?] to discover said deed but without success – and that it has never since been found as ge verily believes – and is totally lost and gone from said Henry Hays forever. And this Deponent further says that he was present when the said plantation was lately run by William Woolman for his father – a plot of which in the handwriting of said Woolman is hereto [?] – that this Deponent [?] notice [?] there holding land adjoining said farm to [?] – which many of them [?] accordingly with the deed – that the lines as represented [?] much were run by said Woolman in the presence of the Deponent and others – and are agreeable to the [?] bounds of said farms as this Deponent has always {? ? ? ?] to be [?] from the rear seventeen hundred and eighty five.
Henry Hays Junior
Sworn the 20 February AD 1819 before me
Thomas Adams
[Commiissioner? ??]
State of New Jersey [Fr:?] Joseph M Haines Junior on his solemn oath deporteth that on the twenty fourth day of November last past – he put up an advertisement of which the printed one annexed hereto with the names of Henry Hays Senior thereunder printed, is here a copy, at the following place towit, one at the house of George Aaronson – Innkeeper, in the City of Burlington, one at Peter Schuyler’s ferry in the Township of Burlington and one at Elijah English’s tavern in the Township of Mansfield and all in the County of Burlington – which are three of the more publick places in said county where the land described in said advertisements are situated.
Jo. M Haines [his mark]
Sworn the 22 February AD 1819
William Russell
State of New Jersey [fr?] Strange N. Palmer Editor and printer of a certain newspaper called the Burlington Mirror, printer and publisher at Mount Holly in the County of Burlington on Wednesday in every week on his solemn oath saith that the advertisement or notice mentioned in the aforegoing deportation of Joseph M Haines Junior was first printed in said newspaper on the twenty fifth day of November last past – and has since then been published weekly in said paper.
Stange N. Palmer
Sworn the 22 February AD 1819
William Russell