Estate of Yost Henry Davis aka Henry Dabush

Fairfield, New York




This long will, showing life as it was lived in 1835, was prepared and graciously contributed by researcher Betty Perkins.


Estate of Yost Henry Davis aka Henry Dabush
Fairfield, Herkimer Co., New York F-128
    " In the matter of the last will and testament of Yost Henry Davis, deceased, as a will of real & personal property - Herkimer County, Surrogates Office;
GEORGE KELLER of the town of Manheim in the County of Herkimer, being duly sworn and examined, doth depose and testify that he was acquainted with YOST HENRY DAVIS (now deceased) in his life time, that this deponent saw the said YOST HENRY DAVIS by making his mark (X) subscribe the instrument now shown to the deponent perporting to be the last will and testament of the said YOST HENRY DAVIS bearing date the 29th day of June in the year eighteen hundred and thirty five and that the said YOST HENRY DAVIS at the same time declared the said instrument to be his last will and testament and that the deponent subscribed his name as a witness, at the request of the said deceased, and that the said will was executed by the deceased in the presence of the testator and of each other and at the time the same was executed the said deceased was of full lawful age, that said YOST HENRY DAVIS appeared to deponent to be of sound mind and memory and from restraint. That THOMAS COLE and DAVID WINDECKER the other subscribing wirnesses were present in the room and deponent in the presence of the testator requested them to sign the will as witnesses which then these did accordingly. That before them this deponent had mentioned to said deceased that more than our witness was necessary and the deceased thereupon requested deponent to send for some of the neighbors and deponent did send and these two persons came and then the deponent in the presence of the deceased requested them to sign as witnesses which they accordingly did that deponent wrote said will for said deceased. That after its execution deponent was requested by the said deceased to take it home with him and told him that anytime thereafter that he chose, he might hand it over to HENRY KELLER. That deponent thereupon in the presence of the subscribing witnesses inclosed the same in an envelope and sealed it up and kept the same in his possession unaltered until he delivered the same after the death of the testator to THOMAS COLE 2nd for the purpose of producing it to Surrogate to be proved.

(pg. 129)
    " This deponent on being cross examined on the part of all the children of the deceased except DANIEL DAVIS further testified that ISAAC DAVIS, grandson of the deceased, was the person who was sent for the witnesses mentioned in his direct examination - that the witnesses came ____in the forepart of the evening when he made his mark by which he subscribed the will - deponent took hold of the pen and guided it while the testator had hold of it at the top of the quill below his fingers - this is deponents best recollection but he is not certain but that the deceased took hold of the pen below deponents hand - after the will was written deponent read it over to him and the concluding part was said in the presence of the other subscribing witnesses and deponent then asked him if he acknowledged that to be his last will and testament for ____ purpose there in mentioned and the testator thereupon answered yes. The conversation was in Dutch and this is the English of it - after the will was written deponent mentioned to the deceased that it was necessary that there should be 3 wtinesses to it and the testator answered that deponent could be one of them, the deceased mentioned the inmates of the house who were family ____ deponent said they would not do. He then sent for name of neighbors - deponent does not recollect hearing him request deponet to write up the will after the above conversation. Deponent thinks he himself requested the other subscribing witnesses to witness the will as he stated in his direct examination but is not certain of it. Deponent lives in the town of Manheim about two miles from the house of the deceased. ISAAC DAVIS the divser came after deponent to hear him draw the will. Witness went with him to the house of the testator and thus drew the will - he believes ISAAC DAVIS lived with the testator at the time when he went to talk with the testator to receive instructions to draw the will - he directed all persons to leave the room except the testator at this time when his wife and deponent who alone were present when the terms of the will was dictated - nothing was said in the presence of any other person as to who was to have the property - on that conversation deponent took notes of the items to be inscribed in the will and from thus deponent set down immedicately and wrote the will in the room. Some of the inmates came in while he was writting the will. The reason why he ordered them out of the room was that he considered the business of a

(pg. 130)
private nature and it was deponents usual practice in such cases. The testator was sitting by the table with his wife sitting by him and deponent was sitting near at the time the terms of the will were dictated- deponent thinks he took the discription of premises from the deed which at deponents request the wife of the testator went and got for him. The testator mentioned over the names of the children - is not positive that anything was said by the testator at the time he was giving instructions for the will about ISAAC'S having the net proceeds of the farm from the time the will was drawn - but while he was writing the will and as he believed while DANIEL father of ISAAC the son and divser were present something was said between DANIEL and the testator about the net proceeds of the farm from that date and the testator then said that shoud be so and deponent put it in the will - when he was going to the testators house, on begin asked what make him think the testator was of sound mind and memory he says because he talked very rational about different subjects.
    " This deponent on a further direct examination testififed that the age of the testator he does not know but should suppose him to be between 86 & 87 years of age - deponent has know him about 30 years. He was German but talked English some though being imperfectly. He appeared pretty well - did not go to bed while deponent was there. Ate a pretty hardy supper - he talked on different subjects and about his coming to this country and appeared rational - deponent went there about noon and said sometime in the evening the will was written and executed on the day it bares date. While giving his instructions about the will he said that he and his wife were getting old and feeble and he wanted his worldly affairs be disposed of that he and his wife should be provided for comfortably and taken care of. He said that ISAAC had been a faithful servant to him and used him well - deponent had no doubt but

(pg. 131)
that the testator understood what he was about and was rational. The deceased could neither read or write - witness read about the will to him in English and then said it to him in Dutch as near as he cound - deponents father and mother both came from Germany and he has been for the last 28 years he has lived in the town of Manheim and been in the daily habit hearing and conversing more or less in the German language with the people of that town and the deponent has taught school in that town in English a good deal and has been accustomed to write wills and contracts for his night hours. Deponent knew HENRY SCHAFFER other wise called HENRY MOYER the husband of BARBARA, a daughter of the testator and he was known by both names - on being further cross examined deponent says the testator did not walk about much but sat in his chair - does not recollect whether he was at the table or not - deponent first read over the will in English and then explained every clause of it in Dutch or German to him - deponent recollects that several times while the testator was dictating the terms of his will he defered to his wife but she always declined advising him and said to him, do as he pleased.
GEORGE KELLER Ex?

In the matter of the last will and testament of YOST HENRY DAVIS, deceased, as a will of real property, Herkimer County Surrogates office, Thomas Cole 2nd of the town of Fairfield in the county of Herkimer being duly sworn and examined doth depose and testify that he was acquainted with YOST HENRY DAVIS (now deceased) in his life time - that this deponent saw the said YOST HENRY DAVIS by making his mark X subscribed the instrument now shown to the deponent purporting to be the last will and testament of the said YOST HENRY DAVIS, deceased, bearing date the 29th day of June in the year eighteen hundred and thiry five and that the said YOST HENRY DAVIS at the same time declared the said instrument to be his last will and testament. This declaraton was as follows - Mr. Keller one of the subscribing witnesses asked the testator if he acknowledged that to be his last will and testament in the presence of these witnesses and the testator answered in the affirmative - the witnesses were present and the will was also before him and the testator according

(pg. 132)
to best recollection immedately afterwards though he is not quite certain but it was afterward- before the testator took the pen to make his mark and requested Mr. Keller to help him hold the pen who did help him-both had hold of the pen in doing it but subscriber Mr. Keller ____ it or not the witness cannot say - Mr. Keller ____ in the presence and hearing of the testator requisted deponent and Mr. Windecker who were present to sign then named as witnesses. The will was executed by the testator in the presence of all the witnesses and attested by them in his presence and in the presence of each other. The deceased was of full lawful age and deponent saw nothing to the contrary but that he was of sound mind and memory deponent had no conversation with him on that occasion - deponent is in his 43 year of age, is a farmer and resides about half a mile from the testators house - their farms adjoin - deponent was born on his present farm and has lived there all his life except 4 years - the testator lived on the same place ever since deponents recollection - deponent was at the house when the will was executed about half an hour - the testator could talk in English - so as to be understood - heard him speak in English while he was there on that occasion - the testator died in February 1836 at the time the will was made he appearned to be in his usual health so far as deponent observed - deponent saw him a few day afterwards at his own house - he has not been in the habit of doing business himself for several years. Witness went there the last time above mentioned to buy some wheat and made his bargain with ISAAC DAVIS who had the care of things then - before ISAAC made the bargin he consulted with the testator as appeared to deponent - they talked in Dutch of which deponent understood a little - ISAAC had lived with testator a year and upwards and had the management of the business - ISAAC DAVIS is a grandson

(pg. 133)
of the testator and a son of DANIEL DAVIS and is about 19 or 20 years of age. This witness on being cross examined testified that the will was not read in his presence unless it was the last clause, and as to that he is not certain.

THOMAS COLE 2nd

On this 23 day of May 1836 the above named THOMAS COLE was again sworn to testify as to said will as will of personal property and _____ his testimony about ____ on his former examination over again which is therefore the proof as to the personal estate.
A. Loomis Surragate

In the matter of the last will and testament of YOST HENRY DAVIS, deceased, as a will of real property - Herkimer County Surrogates office. DAVID WINDECKER of the town of Fairfield in the county of Herkimer being duly sworn and examined doth depose and testiby that he was acquainted YOST HENRY DAVIS now deceased in his lifetime - that this deponent saw the said YOST HENRY DAVIS take the pen to subscribe the instrument now shown to the deponent, purporting to be the last will and testament of said YOST HENRY DAVIS bearing date the 29th day of June in the year eighteen hundred and thiry five and that the said YOST HENRY DAVIS sat at the time with his back to deponent so that deponent could not see the act but he believes that he then made his mark thereto, just at the time just before or just after the mark was made Mr. Keller, one of the subscribing witnessess to said will asked the testator if that was his last will and testament and he said yes - Mr. Keller then asked deponent and Mr. Cole who is also one of the subscribing witnesses to sign the said will as witnesses - this was in the presence of the testator and spoken loud enough for him to hear deponent and said Cole and Keller thereupon subscribed their names as witnesses ____ in the presence of the testator and of each other - deponent lived about three fourth of a mile from the testator and is a farmer and his age is 22 years and upward -deponent had no talk with the deceased that evening - did not see anything wrong in him that evening - could not swear whether he had his reason or not- thinks that Mr. Keller read some of the will to him but cannot say what part thinks Mr. Keller was writing when witnessess got

(pg. 134)
there - Witness went away as soon as they had done signing the will. On being cross examined this deponent testified that ISAAC DAVIS came after him to go and witness the will, it was just at night when he got there - deponent saw DANIEL DAVIS and ISAAC DAVIS in the room while he was there but thinks they were not in when the will was signed - deponent thinks he was there not much over half an hour - does not recollect that any part of the will was read after it was signed thinks that it was immedately after Mr. Keller read a part of the will asked the testator if that was his last will and testament as above stated.
DAVID WENDECKER

In the matter of the last will and testament of YOST HENRY DAVIS, deceased, as a will of real property - Herkimer county Surrogates office - Examination of witnesses on the part of
CHRISTIAN DAVIS and others oppossing the proving of the will. DAVID NEELY being duly sworn and examined testifies that he is 54 years of age and is by occuptaion a farmer - lives in the town of Fairfield in Herkimer county and was acquainted with YOST HENRY DAVIS for about 41 years next before his death and lived during nearly all that time about a mile and a half from him - from his last judgement he would take the age of said deceased to be about 100 years at the time of his death - his children summoning him was DANIEL DAVIS, CHRISTIAN DAVIS, ELISABETH, the wife of JOHN KELLER, MARY the wife of DANIEL HADCOCK, BARBARA wife of HENRY MOYER otherwise called HENRY SCHAFFER - had not seen the deceased very often for a few year before his death - had seen him a few times within that time - last saw him the first part of July last, thinks he had seen him to talk with him 3 or four times within 3 years next before his death. The last time witness saw him he attempted to talk with him some but could not make much of it - he appeared to fail and never did talk

(pg. 135)
English very well - before then he had frequently talked with him in English and done business with him - at the last time he acted as though he did not fairly understand deponent - does not recollect the subject on which deponent attempted to get him into conversation - deponent understood from others at the time that the will had been made a few days before that - his health appeared not so good as formerly, he was sitting in a chair ____ does not know that he was failing in any respect except old age - on being asked what is his opinion as to his state of mind ____ and judgement of the deceased at the time the question was objected to as improper from being at the time after the will was make - the objection is overruled - he appeared to fail in those respects - witness could judge better if he could have talked Dutch with him - he talked in German with others who were present but deponent could not understand it - as far as deponent could judge he should suppose that he was not competent to transact business at that time - witness had within a few years and perhaps within one year called on the deceased for the payment of money and he had paid it - he was in the house pretty much - when he paid money he appeared to know how to count silver but he could not tell bills - thinks he never could count money in bills - he handed deponent a bill and deponent made the change - cannot say that he could count silver - cannot say whether he could transact ordinary business but he appeared to know about things - witness could always talk with him in English until the last conversation above mentioned at that time his son DANIEL DAVIS and CHRISTIAN DAVIS his son in law JOHN KELLER and THOMAS COLE senior and perhaps others were present - witness was called upon to go there by CHRISTIAN DAVIS and the object apppeared to be something about his will or his property and when they got there something was said by some of them about taking an inventory of his property but it was not done - thinks that Mr.Cole who was present does not understand Dutch -

(pg. 136)
This witness on being cross examined on the part of the petitioners testified that CHRISTIAN DAVIS a son of the deceased is a fare man in good circumstances and that DANIEL DAVIS the other son and JOHN KELLER the son in law are both farmers and in good circumstances - the other children live in Canada - on being asked what is the general practice of the German population of this country in disposing of their real estate by will as respect to making a distribution between the sons and daughters - the question is objected as irrelivant but the objection is over ruled - The witness answers that it is customary among many of them to give all the land to their sons - the deceased talked English poorly at the best and generally talked in German to those who could understand that language - it was in the forenoon that deponent went there the last time he saw him in company with CHRISTIAN DAVIS and JOHN KELLER - their conversation with the deceased was in German and deponent did not hear him talk English on that day except what he talked with deponent. The persons there some of them got some excited in that conversation and the wife of the deceased had tears but whether this was before or after witness attempted to hold converstaion with the deceased he cannot say - he was there perhaps two hours or more - Witness thought DANIEL DAVIS appeared to be angry and that KELLER and CHRISTIAN DAVIS appeared to feel hurt or bad - JOHN KELLER is a brother of the wife of DANIEL DAVIS - deponent rather thought that the deceased knew them all at the time above spoken of - the deceased has had some man living with him and managing his farm for several years past - at the time alluded to when something was said about taking an inventory - it was CHRISTIAN DAVIS and JOHN KELLER or one of them who wanted an inventory taken and witness advised that it was not best and it was not done - at the time above mentioned when the wife of the deceased had tears he ____ the deceased also had tears but of this he is not certain.
DAVID NEELY

(Pg. 137)
STEPHEN HAMMOND being sworn and examined testified that his age is seventy years - he lives in the town of Fairfield about three fourth of a mile from the house of the deceased - has lived there 26 years and been acquainted with the deceased about 25 years - is by occupation a farmer - witness planted and hoed for the deceased a year ago last summer - saw him and talked with him but once or twice in the last year of his life before that he had seen him more frequently and has been pretty well acquainted with him during the whole time he lived there after a year or two at first - deponent has frequently helped him and done work for him - the last two years of his life ISAAC DAVIS lived with him and took care of the farm and before that for five or six years SYLVENUS VAN SLYKE lived there and had the care of the farm - the old man did not seem to have much care of the business but his wife rather seemed to have the overseeing of the business -
in his ____ with deponent he generally ______ and talked with the wife of the deceased and this was always the case during the whole of the acquaintance of deponent with them - deponents wife could talk Dutch and he generally made the bargins and did the business with the wife of the deceased - deponent could not understand Dutch - witness thinks he has seen the deceased work some on the farm within four or five years before his death but not within two years. - within two years before his death he appeared to fail and lost his reason and appeared stupid like and did not seem to take a geat deal of notice of things witness thought - witness has not had any great deal to say to him within a year or two before his death and he did not appear to take much notice - his health appeared to be declining as he took it from old age. Witness was in once while he was sick about the spring of 1835 but did not say any thing to him then - witness should think him 80 or 90 years of age when he died. Would judge that he had not sufficent sense or judgement to transact ordinary business last June - this witness on being cross examined on the part of the petitioners, and says that at the time or times that deponent saw the deceased in the last year of his life he had very little converstaion

(pg. 138)
with him and did no business. That he was not so as to talk much when deponent worked there a year or two years ago he had but little conversation with him. The reason why deponent concludes that the deceased was not competent to do business was that he appeared to be fast failing and wanting in judgement - he appeared to be like a child - this was certain from converstions with him but not on any particularly business nor can he recollect what the converstion was in the last year of his life - thinks the last time he was there he happened in without business, he was sitting in a chair and he did not seem disposed for conversation and witness and did not say any great deal to him - cannot say certain whether the deceased knew him or not - that he appeared to deponent a man _____ and so far gone that he did not have much sense of things or to take notice much two years ago last summer - witness thinks he saw him out on the road standing by the fence 12 rods perhaps from his house.
STEPHEN HAMMOND ex?

LORANAY (?) HAMMOND being sworn and examined on the part of those opposing the will testified that she is forty seven years of age and is the wife of STEPHEN HAMMOND the last witness. She was acquainted with YOST HENRY DAVIS, deceased, in his life time for the last 25 years of his life has been there in the house of the deceased pretty often in the last 3 or 4 years of his life - should think as often as once a month for the last 3 or 4 years until last fall - she can not talk the German language very well but she understands it as spoken about here in their common conversations pretty well - has frequentlly talked with the deceased, sometine in Dutch and sometines in English - for the last year alone he appeared to be very much broke and very much like a child as to taking care of himself and his mind seemed

(pg.139)
to fail as his strength - part of the time a year ago last summer and all last summer when deponent saw him he could not dress or undress himself - he wore womans clothes and did not help himself when he wished to attend to the calls of nature - at one time when witness was present he did in his clothes sitting in his chair witout giving any notice - his wife discovered it by its running through his clothes on the floor he appeared unconsious of it - he was not sick at the time that knows of - it was about 4 or 5 weeks before the time he made his will - she thought that sometimes along at the last he did not know her but by speaking to him he would know her - his wife generally cut up his victuals on his plate - sometime she would feed him, at other times he feed himself - he seemed like a child in his weakness and in his talk and actions and had to be watched and his wife would not let him out without watching him - remembers that if he went out his wife would frequently go and look and see where he was for fear he would get lost - never saw him use spectacles - witness did not know him to do any business within the last two years of his life he appeared very stupid and very frail- he was generally setting in his chair and smoking - a year ago last spring she saw him go into the garden and with his wife who helped him over the fence and tried to help set out some tobacco plants.
On being cross examined on the part of the petitioner she testifies that the deceased was sick for a time a year ago last winter or this spring and he then wore womans clothes and she thinks but is not sure she had seen him ware them before - that after that he continued to wet them pretty much until his death - she saw him once after that with pantaloons on - she was there the next day after they said he made his will - when she was there at this time, that he set in his chair and the water run through his clothes - it was ____ 8 or ten years ago he was man that understood himself pretty well and did his

(pg. 140)
business generally himself - he had a lame hand for years and it grew worse for a year or two before his death - it was very weak and appeared to be withering away it was his right hand - deponents conversation was generally with his wife and did not say much to the deceased - she had seem him walking about the room during the last year - thinks he had an ordinary appetite to eat during the last summer - on being reexamined on the part of those opposing the will this witness testified that she heard ISAAC DAVIS say he had hired to work for the old man for one hundred dollars a year - this was a year ago last spring.
LORANY x (her mark) HAMMOND Ex?

CALVIN W. SMITH being sworn and examined on the part of those opposing the will testified that he is rising of 50 years of age and lives in the village of Little Falls and is a practicing physician and surgeon and has been in the practice about 30 years - he has known YOST HENRY DAVIS about 30 years never had any particular acquaintance with him but has known him and frequently had conversation with him - thinks he last saw the deceased a year ago last August - had not seen him for some years before that - that they were walking together hand in hand toward his house - witness got off his horse and walked along with them and had some common place conversation with them - the deceased in answer to any inquiry of deponent told him that he did not kow how old he was but that he was some more than one hundred years old - could not disc___ but that he answered deponents questions readily and ____ enough - did not see enough of him to judge in reference to his mental capacity - he spoke the English language intelegibly but not well - considered him a man formaly rather

(pg.141)
sociable in his desposition.
C.W.SMITH Ex?

BETSEY NEWMAN being called, sworn & examinted on the part of those opposing the will testfifes that she resides in the town of Manheim. She cannot tell her age - she is the wife of ROBERT NEWMAN- she has been married about 15 years - she was acquainted YOST HENRY DAVIS, deceased. She worked at his house two years ago this spring at different times, sometimes a day or sometimes a day and a half - at one time when deponent was to work there the old man was missing and his wife went out to look for him but came back without finding him, soon after witness saw him coming up the cellar stairs and said he was tired, his wife asked him what he had been doing and he siad he had been filling up the soap barrell- witness and his wife went down cellar and found the soap barrel nearly empty with the soap on the ground about it and soap was on the old mans hand and pantaloons and was ____ on the sides of the barrel - his wife used to ____ him. On being cross examined on the part of the petitioners this witness testified that she should think there was left a barrel of soap on the ground.
BETSEY (X) mark NEWMAN ex?

DEANNA KELLER, called and sworn & examined testifies that she is 20 years of age and is the wife of ANTHONY KELLER who is a son of JOHN KELLER lives in Fairfield. She was acquainted with YOST HENRY DAVIS, deceased, that she worked at his house about a fortnight and left there about a fortnight before the will was made - the deceased was very stupid at the time deponent worked there - he would go out once in a while - his wife used to cut up his food on his plate and sometimes she fed him - by spells he did not appear to know any thing hardly - nor to trouble himself about any thing of his business - at some times he would talk about things and appear to know more than at other times - he did not concern himself nor do any thing about his business - while witness was there as she saw

(pg. 142)
sometimes he would sit and talk to himself alone and sometimes he would talk about going off to Canada, he did not take care of himself when the calls of nature required it but his wife took care of him - he would dirty his clothes sometimes and had to be seen to - he did not give any warning or appear to notice it - he was not sick no more than usual - his wife would see it and would take care of him. They put a pair of trousers on him one day when some folks were coming there - at other times he wore petty coats - he did not dress or undress himself. ISAAC generally did it. On being cross examined on the part of the petitioners she testified she had formerly heard him speak of having children in Canada but when she lived there and he talked of going to Canada, he did not speak of them - by his ways and his talk she thought at time he did not know much of anything nor have any care of his property - at one time last spring while she lived there heared him say that DANIEL & CHRISTIAN or the boys wanted him to make a will - but he said he would not make a will for the girls had worked as hard as the boys for him and ought to have as much.
DEANNA (x) her mark KELLER Ex?

WILLIAM B. PORTER, being called & examined and sworn as a witness on the part of those opposing the will testified that his age is thiry two years, his occupation is farming and he resided in Fairfield about a mile and a half from where YOST HENRY DAVIS lives - he has known the deceased 19 years next before his death - deponent was one of the assessors of the town of Fairfield in the years 1834 and in 1835, went to his house to take the assessment in 1834 - he made known his business to the family - the men of the family were eating dinner and among them YOST HENRY DAVIS the deceased set in a large chair one side of

(pg. 143)
the room with womens clothes or a ___dress similar to it on him, he said nothing and did nothing while witness was there - YOST HENRY gave him an account of the property to assess - he appeared to be ____ about the room and looked at deponent - at those at the table as if he trying to understand the conversation, and get the run of it - in 1835 deponent went to the barn where ISAAC DAVIS and his father were and they gave him an account of the property to asses - he did not go to the house nor see the old man - the farm contains 100 acres and is good land should think it worth $35.00 an acre - the deceased could talk English.
WILLIAM B. PORTER - Ex?

SEVERUS VAN SLYKE being called, sworn & examined as a witness on the part of those opposing the will testified that he is 24 years of age, is by occupation a farmer and lives in Fairfield about a mile from the house of the deceased from the time he was 8 or 9 years old until he was ___one year and until the 25th day of March 3 years ago when witness first went there to be the business ___ manager under the direction of the deceased and his wife - later the wife had the principal management and during the latter part of the time deponent had the management of the farm and the old man did not do much - deponent has since he left worked there at time sometime since - the last time he worked there was hoeing and hilling corn last summer and making fence there last spring - he got some hay there last spring which the wife of the deceased let him have - he has been there probably 8 or 10 time since he left living there when deponent worked there last spring and summer - he thinks the deceased had on pantaloons - the deceased appeared much ____ last summer or spring, witness dont know that he spoke to him - he did not seem to know deponent - he was setting there - he did not appear to be sensible when witness was there making fence - there was another with him and ISAAC at

(pg. 144)
work and when they came in to eat the old man talked in German something about wall or fence about the farm but deponent could not make out any thing of what he said - deponent understands German - deponent could formerly understand him without difficulty - his talk at this time appeared to be confused and nonsense he was talking about it when them came in and then ISAAC undertook to tell him what they were doing as he thinks but he cannot recollect certainly whether ISAAC spoke to him or not - at the time deponent saw him he thinks the deceased was not capable of doing business or of understanding the situation of his affairs.
On being cross examined on the part of the petitoner this witness testifies that the wife of the deceased had always after he went there a principal hand in the management of the business and that as he grew older she took more and more othe charge of it - thinks she was more competent than he was to do it - at the time he was at work at the farm he was helping ISAAC make a brush and rail fence through the woods - deponent thinks in the talk of the deceased which he could not understand as above mentioned in his direct examination he was finding fault or complaining about something - thinks that ISAAC undertook to explain to him about the fence - the old man kept talking pretty much all the time witness was in - could not tell whether he was talking to himself or to any one else - could not say whether he talked at any one while talking - can not say whether at any time deponent worked there or on this occasion the deceased set up to the table with them - the reason deponent supposses he did not know him was that he did not speak to him or take any notice of him does not know that he spoke to any one while he was there.
SEVERNUS VAN SLYKE - Ex?

(pg. 145)
An offer was made on the part of those opposing the will to ___ by this last witness that while the deponent was hoeing corn for the deceased under the directions of ISAAC DAVIS the good quality and value of the farm was spoken of and that some one asked ISAAC why he did not get the old man to make a will and give the farm to him ISAAC and that ISAAC then replied it was then too late because the old man had not his senses - the questions and evidence was objected to as improper and not competent evidence to know insanity and the objection is sustained by the ____ and the question and evidence offered is overruled and not taken. Ex?

SOLOMON HADCOCK being called on the part of those opposing the will and sworn and examined that his age is 24 years and upward that he is a blacksmith by occupation and resides in Newport, Herkimer County deponent went with YOST HENRY DAVIS to live when a small child and lived there until 5 years ago last September, he is a grand son of of the deceased and a son of DANIEL HADCOCK. Has been there frequently since he left living there, generally made it a practice to go there once a fortnight but thinks he did not quite average that for the last two or 3 years before his death - deponent thought the old man did not appear to know him at first sometimes - but after getting into conversation with him he would know him, when left living there he was quite talkative but for a year or two he has not been so talkative, he used tell deponent his affairs and his private matters at the time when deponent used to go there and some of them which deponent thought no very sensible - he would be talking about something and somthing else would get in his mind and he would brake off and talk about that and sometimes would talk of several things in the same conversation and appeared to be forgetful

(pg. 146)
he would sometimes talk of going back to Germany did not know whether he was wishing or not and would ____ an longer - after that deponent saw him last summer he wore a coat and womans gown or pettie coat - he was there once when he dirtied the bed - thinks he had been taking physic - thinks for the last year of his life that he did not know enough to _____ - he did not seem to take much notice of anything and therefore he thinks he was not capable - he appeared to decay and failed so that he got very feeble - thinks his mind and judgement failed every year.
On being cross examined on the part of the petitioner to testify thus he went to the deceased last fall to get a name of attorney from him to get some property in Canada, thinks it was in September - he did not realise the improprity of it then so much as he did afterwards - the old man said he might have it if he could get it he could not understand the name of the person under whom he served but said something about Sir John - he mentioned the Captains name the claim was for ___for military services - deponent could not find out from him who Sir John was although he tried sometime to ascertain from him - thus was one reason why he thought him not sensibel - he thought his talk in those conversation mentioned in his direct examination childish - he spoke of having made his will last summer - he said his building were failing and he had not much money and he had to give ISAAC his farm and now it went better, he said CHRISTIAN and JOHN KELLER had been there to get his property and were going to take it away from him - he said something about sellling it - thinks the barn and house was new shingled a short time after the will was made - does not recollect hearing him speak about

(pg. 147)
his business last summer except on that occastion deponent says the deceased had been in the habit a number of years of taking physic occasionally usually took ___that he would sometimes go a week with out having anything pass his bowels as he understood from the family.
SOLOMON HADCOCK Ex?

SEVERNEUS PICKET called on the part of the petitioner, sworn and examined testified that his age is 32 years, is a farmer by occupation, lives in Manheim, was acquainted YOST HENRY DAVIS for five or six years next before his death, was at his house a year ago last March - went there with his father to buy some cows - bought 3 cows- his father went on the house and came out with MRS. DAVIS who went with them to the barn and look at the cows and talked about the price of three cows - they did not agree - his father did not offer so much as she wanted for them they came back and went into the house and the deceased said the price offered was not enough and he ought to have more - they wanted 50 or 55 dollars - his father finally took the cows and paid $42 dollars - expect he made the bargain with both - paid the money to ISAAC - the old man said he wanted the money to pay ISAAC- thinks the old man understood what was going on about 0the bargin - this witness on being cross examined does not know on the part of those opposing the will - does not know whether MRS. DAVIS named the amount they ought to know or that they ought to ____ more in the presence of the old man before he said so or not - tkinks the old man named the sum that they ought to have for the cows - they was talking about it when they went in with MRS. DAVIS the amount he named was the same that MRS. DAVIS had named and the old man was sitting on his chair - this was the first time he had ever been in the house - thinks he had not spoken to the decerased within a year before that.
SEVERENUS PICKET Ex ?

(pg. 148)
CATHARINE DAVIS was called as a witness on the part of the petitioner and being sworn and examined testified the she is the wife of DANIEL DAVIS, mother of ISAAC and sister to JOHN KELLER. She is about 46 years of age and lives in Fairfield - her husbands farm joined the farm of YOST HENRY DAVIS and there houses were about one fourth of a mile apart - deponent saw the deceased about the time he made the will oftener afterwards than before and almost every day she was there after that - heard him talk of his business, he said he has got so far gone and had no money - he was obliged to do as he did, to give up the farm to ISAAC to see to his buildings and such things- she was down to the house of deponent a little before he made the will - her husband was sowing flax seed - her husband asked him to sit and rest - he set down and stayed awhile and went to go away and she told him not to be in a hurry - he said he must go home or else they could not get the money to pay that man who was there and his business was from house to house - he came after her husband to go and help a man who had come to alter a young horse - her husband went over and the old man set there and smoked his pipe and after a while he went part of the way with him to see that he did not fall as he went home - heard the old man say that CHRISTIAN & JOHN KELLER had been there to get his property - that they did not come to look to him but for his property and that he told them to go home and prise their own property - this was in the afternoon of the day and understood they had been there in the forenoon - his speech was hard to understand at first but after she listened to him she got on the run of it and could get along with him well - he was some put out because they had been there - did not ask much if any thing - he said he would keep his property

(pg. 149)
in his hands till his death, his speech failed him considerably he had been struck with the much palsey - she thought he began to fail a year ago last winter, he would answer questions as soon as he knew it was him she was speaking to - he would answer so that she could make out. Witness always talked with him in Dutch - they had a little boy there - he used to drive him away - he would scold at him that he should go and help ISAAC work and such things.
That one time last summer in haying the old man came along the road and tried to get over the fence in his field but could not and then he came further along and got over the bars into her husbands field and there was a juice of wheat close by the bars and he was going to from there into his field - ISAAC went and got him into their house and she talked with him and he asked her if their wheat field was all as good as that they had a longer barn but if their wheat all stood as thick as that they cold not get it all into their barn. - one time last summer witness was there not long after he made the will. he was talking of having made his will and he asked deponent if her father did not will his daughters a hundred dollars a piece and she told him that it was so and he then said they may be satisfied - he mentioned that her father had worse land than he had - he said ISAAC had his farm and he had been always a good boy to him and he depended on him to take care of him as long as he lived - heard him say ISAAC must take all things that now he was free of debt and could go to bed and rest - he frequently spoke on this subject - he told folks if he had any body to work ISAAC must pay them - folks that was not acquainted with him much could not understand his talk much last summer without they paid close attention - she could understand him if she listined a while and got the run of it - his front teeth were gone and he had to have ___ _____ ______ his perfect hold in his mouth -

(pg. 150)
has seen him several times carrying stuff to feed the pigs last summer he would not get along very well but would get along - had seen him bring in old shingles and make a fire with them - has seen him bring in wood when he was carrying stuff to feed the pigs at one time he complained that witness did not come sooner to help him- she told him he ought not to do it - that she would have done it - the she came as soon as she could hurry her work - he said she was a worrying creature like her mother - but she must die as her mother did - she heard him when sitting by himself saying his prayers - some of the prayers she knew and he would say them as regular as he could - last summer she heard him say they had made better fence the year before than they had to year before that - They new shingled the house and barn on one side or both last summer - heard the old man say the wheat had grown in his farm the years and got spoiled after it was carried in - he said the house ought to have been shingled before for the snow would come in in the winter and the rain in summer, but that he was not able to do it - when witness was first married she lived in the house of the deceased a while - they then kept the soap in a trough and she thinks it was the same trough they had when she first lived there, never knw them have soap in a barrel - heard the deceased and his wife talking of getting soap on him in the cellar - and she was finding fault about it and about his letting the vinegar run out at the same time - he said he could not help it - that

(pg. 151)
the vinegar got in the candle and put it out and he was in the dark and had to come out and got in the soap - understood in the conversation that he had gone into the cellar to draw come vinegar for the HAMMONDS little girl who came after it and that no one was there to get butter but him - she knew of his water runing from him in the house and heard his wife talk about it - she said could not help it- it was not so when he was young - last summer wore womans drawers instead of pantaloons - a year ago last winter he was sick for sometime - he did not have any doctor - he did not want any - does not know as he ever wore petty coats before last summer - his right had was lame sometimes - it pined away - he had not much use of it - thinks it troubled him about feeding himself - heard him say last winter he could chop food if it was not for the hand - he knew his children and deponents children and others always so far as she knew - This witness on being cross examined on the part of those opposing the will testified that it is very likely that she had heard of CHRISTIAN and ISAAC DAVIS and JOHN KELLER going to the house of the deceased before he spoke about it - can not recollect whether the wife of the deceased was present at the time the old man was speaking of this being there or not - does not recollect that she has told anyone that the deceased had not his senses or as to do business - has heard him give directions about his work some - sometimes she would have to tell him the second time to make him understand - the little boy that lived there was 11 or 12 years old - his name was Sofferd - he went there to live a year ao last winter - he sayed there a month or so when he told the boy to go to work as stated in her direct examination, the old man had his staff and went after him - from one room to another and back with his stick raised and told him to be off to work and come home at night - he appeared to be

(pg. 152)
angry and drove the boy out and scolded about his being around doing nothing - a year ago last winter the old man went up to Peter Lintz with deponent to see if he could get his hand cured- it was several miles from home - on that occasion Mr. Lints spoke to him about making his will and told him he had got so old and feeble that he ought to make a will and give his property to some one to take care of him in his old age whether he gave it to any of his children or to a stranger - Mr. Lintz had been a near neighbor of the deceased years before then - deponent went along with him at the request of the wife of the deceased - the deceased told Mr. Lintz that now he had the best boy that ever lived with alluding to ISAAC ___ ___ ____. Mr. Lints told him if he did not make his will to some one to take care of him he might suffer yet against ___ in his old age - deponent says that second year back there was sometimes some difference between her husbands family and the old mans but not much and not more than was with the other of his children - the old man sometimes dirted himself last summer - he used to take considerable physic - they had no necessary attached to the place - this witness on a further direct examination and on being sequestered to repeat the conversatons of the deceased suspecting his father will - she testified it was in this manner the deceased said to her, your father willed to his daughters a hundred dollard a piece - deponent answered yes sir - the deceased then said will he had more land than _____ - they may be justified - on a further cross examination and on being asked whether the

(pg. 153)
deceased was last summer in a sate of mind fit to be intrusted with money to do business such as buying and selling cutters or farms - she answers that she does not know as he could do all that yet -
CATHARINE (X) her mark DAVIS Ex?

DANIEL DAVIS being called on the part of the petitioners was sworn and examined and testified that his age is 50 year and upwards - he is a farmer by occupation and lives in the town of Fairfield - he is a son of YOST HENRY DAVIS and father of ISAAC DAVIS - his house is about 40 rods from the residence of his father - in his life time deponent saw his father very often - last summer he worked there on his fathers farm the week he saw him, he thinks, every day for 3 months next before he made his will and afterwards still oftener the week before he made the will and his two sons ISAAC and SOLOMONand his hired man Solomon Munk worked together chopping wood for his father - it was perhaps 60 rods from his house - the old man came out to the place where they were at work in that week three or four times- came alone and returned to his house alone - he talked to them while at work - he told them he did not want those small trees cut down - he wanted them to cut the larger trees that would make more wood - he mentioned this everytime he came out - deponent wanted to cut it off to the line of the farm but the old man would not permit it becasue then they would have to make half the fence between him and MR. KELLER and he said rail timber was scarce and they must make a brush fence and have a space next to KELLER. Deponent proposed to put in turnips on the ground they were clearing- the old man said it was not worth while - that it was close to the road and soon as they were as big as birds eggs people would destroy them and they would not have much - that they had better plant potatoes or buckwheat on it- his father pointed out some old maples which he wanted they should cut into wood he said they were old and would not give much sap and would make a good deal of wood - he said the man who had cut his cord wood before would not cut those big trees

(pg. 154)
on the morning before the will was make - deponent was going to Fairfield village and his mother wanted to send by him some butter to by some tea with and his father then told him he was going to make his will - that he should not give his land to his children - they did nothing for him - he had to pay them if they work an hour for him - he should not give any to deponent nor to CHRISTIAN nor to KELLER nor any of them- he should give it all to that boy pointing to deponents son ISAAC and he wished deponent to bring with him from the village three sheets of paper to write his will on - he said the land was his own and he could will it to any one - stranger or any one - he said that he had no money and no help but ISAAC and that ISAAC must buy the salt and whatever else was necessary and if he hired help he must pay for it and that ISAAC should have the crops and ISAAC should take care of him and his wife as long as they live - Deponent went to Fairfield village that day and got the paper - when he came home he found MR. KELLER who wrote the will at deponents house eating - Mr. Keller wished deponent to go with him to deponent's father - he went then and gave the paper to his father who took it and laid it on the chest by him - Mr. Keller wished them all to leave the room and they did so all except Keller and his father and mother - the will was written on Monday - a few day after that they went to work shingling the house and barn - heard his father say it ought have been done before that the house leaked badly and the barn also so that the grain the year before got spoiled but he had no money to do it with and now ISAAC must do it. deponent went and helped ISAAC put on new roof while they were at work on the barn afterwards his father often came out and talked about it - one gable end had got broken down and he said that ought to have been fixed before - previous to making the will the deceased kept his money in his chest and kept it locked and kept the key in his

(pg. 155)
pantaloons pocket - he always went to the chest and got the money himself what he wanted to pay out - he could count silver money except perhaps 5 ___pieces but could not tell the denominations of bills, he could not read or write - his eyesight was poor- his eyes were weak for many years - his hearing was good - he had lost his teeth - he had the numb palsey once and after that he did not speak well - deponent could always understand him - he used to recite his prayers when sitting by himslef which some person mistook and thought him foolish - it was about 6 or 8 days as ___ as he could remember after the will was made that KELLER and CHRISTIAN and NEELY and COLE came there.- CHRISTIAN and JOHN on this occasion told his father that they came there to take an inventory of his property - the old man then told them to go home and prise their own ____ and things - you think because that I an old I am a fool. I know as much as you that CHRISTIAN or you JOHN - soon after they were gone that he wanted to eat and to drink yet as well as other that went behind these were his own and they had no business to come there for it till after he was dead - his father got up and went out on the stoop after they had left to see that hey were gone - he said the children that he had brought up had everyone got enough and now wanted to get his things before he was dead - has often heard his father say that his ___ need to watch him when he went out that he knew enough to go himself and that his looking after him was his own doings, he hired ISAAC year before last at $100 for the year - when his time was out last spring deponent went up there and the old man said now if he took ISAAC away he hired somebody to plough his land or do any thing and he could not do it and he must have ISAAC again and would pay him what ISAAC thought he must have more that year - the old man shed tears while talking of his situation he said he had to sold some cows, sheep to pay ISAAC for the last year It was about Easter monday of last year that this conversation was, ISAAC was there. A book produced

(pg. 156)
which is a large ancient looking volume in German, deponent was known in his fathers house ever since he can remember and his father told deponent that his mother brought it with her when she came from Germany and brought him along a ____ leaf apparently taken from the volume with writing on it deponent says he was known to have kept that volume for over ten year just with a memorandum written upon it in these words -in the year of our Lord one thousand seven hundred and fifty YOST HENRY DAVIS was born - in the month of October of the same year - Deponent says his father told him that was written by Mr. Shall who was a boy and playmate with his father in Germany- that his father himself did not know his own age but Mr. Shall knew it and wrote that - his father said he was five year older than deponets mother- his father used to rekon himself a hundred year old before he died but deponent thinks he was not so old - on being cross examined on the part of those opposing the will be says that conversation about sowing turnips was in the house that his mother took a part in it and was in favor of sowing the new piece with turnips but his father was opposed to it and wanted potatoes or buckwheat . They did finally sow turnips on it - does not recollect being in the room at all while Keller was writing the will nor of saying anything to the deceased about ISAAC having the crops of that year while Keller was writing - he was not in the room while Keller was writing - does not remember of saying that his father had not his senses so asto be able to attend to his business - remembers that the deceased was sued by Solomon Keller and deponent went to Fairfield willing to attend to his defence but did not then say the old man had not his senses - saw the old man have his key to his chest more than 50 times last summer, when he had petty coats on he kept the key in his pocket jacket - he saw him pay money last spring to ISAAC for his wages - he went to the chest himself and got it, was

(pg. 157)
paper money ISAAC counted it - saw him pay him some to ISAAC while they were chopping wood there four dollars - he sold some wheat for it - has sometimes given his father silver money for bills because he could not count bills - the last time he recollects was last spring they exchanged five dollars - his father took it and looked it over and said it was right - his father ____went off and got lost and could not find the way back . On his further direct examination he testified that when Keller told him to leave the room when he went to write the will he immediately went home to his own residence and stayed there until Keller sent for him to sign a bond to ___ the maintinance of his father and mother during their lives - he went there and signed the bond and had been there perhaps two minutes when Mr. Cole and Windecker came there. Keller again told them to leave the room and he left and soon went away.
DANIEL (X) his mark DAVIS Ec?

On the part of those opposing the will the last two witnesses were objected to as interested the said DANIEL DAVIS being a son of the deceased and a legater named in the will - it was answered to this the interest as legater would be more than balanced by his interest in the land as an heir of his fathers and his distribution - those of the personal property in case the will should be help void - the surrogate overruled the objection on that ground and decided to ____the testimoney - Ex?

Examination continued April 29, 1836 LANSING BIDLEMAN called on the part of the petitioners was sworn, examined and testifed that his age is 20 year - that he live in Fairfield and is a shoemaker by trade, was acquainted with YOST HENRY DAVIS in his life time - was at his house during the last year- thinks three or four time from May to October last including - used to go there and hay with ISAAC from Saturday night until Sunday morning. ISAAC was an associate - used to ask the deceased how he did when he went into the house - he always used to answer correctly enough - had not other talks with him himself - he heard ISAAC and MRS. DAVIS speak to deceased sometime he appeared talk and answer them correctly -

(pg. 158)
could not understand him as well as some Dutch folks - he talked faster and quicker than most people - they always spoke Dutch and deponent understood Dutch - thinks he used to wear a coat and petticoat had on stockings and he thinks he wore ____ rubber shoes - he was generally sitting - has seen him walking - was there at one time when MRS. JOHN KELLER , a daughter of the deceased came there - understood the will was made on the monday previous to this which was on Saturday evening - she stayed there overnight on Sunday morning heard some conversation about the will - heard MRS. KELLER tell ISAAC in the room where the old man was in bed - he did not say any thing as deponent recollects - recolllects that she spoke to her father after be got up but he did not answer. Mrs. Keller appeared to be angry - a year ago the latter part of winter he heard the deceased talking about one of his hired men that he had before then MOSES DAVIS - and he said if he had kept him another year he would have run through what he had - MOSES had been there that day and had just gone off when the remark was made - the same winter heard him say that he would not keep a couple of boys he had living with him - one of them he said would wet the bed every night and had rotted two or three beds - This witness on his cross examination testified that MOSES DAVIS is a son of CHRISTIAN DAVIS and a grand son of the deceased - thinks those boys spoken of by the decease had lived there two or three years - the old man was feeble last summer - Mrs. Davis used to cut up his victuals for him- he fed himself - he sat at the table with the rest - he did not say much - he would answer when spoken to - he moved slow with his cane held right before him in both hands - he did not pay much attention to others nor others to him - does not know as he appeared more ___ and stupid in _____
LANSING BIDELMAN ex?

(pg. 159)
SOLOMON DAVIS called on the part of the petitioners was sworn and examined and tesified that his age is 24 year and upwards, is a brother to ISAAC and lives with his father DANIEL DAVIS - he used to see his grand father YOST HENRY DAVIS once in a while during the last year - was not at home the day it was said the will was made - saw his grand father on Saturday before he was in the house as he thinks in bed - heard him talk with a ____night before the will was made - was there with his father chopping - heard the old man talk about the work - he came out to the woods as he thinks about 4 times while they were chopping - he wanted larger timber cut for wood. it is 50 or 60 rods from his house - he came along the road to the woods and then turned in - heard him say at the house that he thought it not worth while to sow turnips there or plant potatoes there - has heard the deceased say he had made his will and if they used him as they ought to he would ____ ____ it he said this to deponent when they were alone together - it was during last summer and he thinks within three weeks after he had made the will - witness assisted his father and ISAAC reparing the house and barn - heard the old man say if they could not get through with it before haying it was best to leave the house until after harvest - that he wanted to have his haying out of the way before barley and wheat came on - heard him say the house wanted shingling very much - they did the barn first - on being asked if he heard the old man talk about his business or any thing other than he has stated while he was there - he says he does not recollect as he did - worked there at haying and harvesting last summer- the old man would sometimes stand on the hill and look at them and would ask once in a while how they got along - deponent generally ate at his fathers place while he worked at his grand fathers place - saw him have the key of his chest a number of times last summer - he kept it in his pantaloons pocket -

(pg.160)
on being cross examined on the part of those opposing the will this witness testified that he thinks while they were at work at the barn thy talked among themselves that the barn wanted repairing badly - does not recollect that the old man was present when such converstaion was had - he did not take notice much how often the old man came to the barn when they were at work on it- hear the old man speak of the gable end that it wanted repairing - it was probable 12 or 14 rods from the house to the top of the hill where he saw the old man stand looking at them while at work - from the hill to where they were it was from 20 to 40 rods or there abouts - on being again reexamined on his direct examination he testifies that one time when he was at work there and when he came in to dinner the old man said that JOHN KELLER and CHRISTIAN DAVIS had been there to take away his property and he told them to go home and prise their own property - he said he calculated to have enough to live on as long as he lives.
SOLOMON DAVIS Ex?

GEORGE HELLER who was sworn and examined on the part of the petitioner on a former day was again called futher examination by the same party and testified that at the time the will was made the testator expressed his idea that it was necesssary to have something form ISAAC to accuse him and his wife _____ without any trouble and difficulty and he ought to have something binding on the divsee to compel him - thus deponent told him he thought it would be difficult to make any to bind him unless he could find some one to sign with him - the old man told him to do as he thought best - deponent went and saw DANIEL DAVIS and he ____ he would sign a bond with ISAAC and deponent wrote one and they signed it - to the best of his recollection he drew the bond after the will was executed but of

(pg. 161)
this he is not certain -
GEORGE HELLER Ex?

ROBERT DAVIS called on the part of those opposing the will testifies that his age is upward of 40 years - lives in Manheim and is a farmer - was acquainted with YOST HENRY DAVIS, deceased, and with his sons DANIEL and CHRISTIAN DAVIS - heard DANIEL DAVIS say that his father was like a child - they had to watch him all the time or else he would get out and get lost and not get home - this was a year ago this spring. DANIEL said the old man had heard and he ought to him half and his brother CHRISTIAN half and his father had not yet made a will and deponet promised him that he woud go out and see the old man to get him to make a will but he never went - old Mr. DAVIS was uncle to deponent - DANIEL said he wished he would go out - this was in April or May he thinks.
ROBERT DAVIS Ex?

MOSES DAVIS was called on the part of those opposing the will and was sworn, examined and testified that his age is 21 years of age and upwards - he is a son of CHRISTIAN DAVIS and lives with his father in the Town of Fairfield about 2 1/2 miles from the residence of his grandfather YOST HENRY DAVIS- deponent woked for a year for his grandfather, ending 18 April 1834 and had at the time the principal care of the farm - the crops were generally got in- in good order - it was rainy through that season - the farm was tilled in good order - he ploughs what the old lady said he should and what she said he should not plough he did not - sold sixty or seventy bushels of winter wheat that he harvested that year - raised barley, corn, oats and _____he harvest about 20 bushels of winter wheat - the old man and his wife both wanted deponent to stay another year - the old lady felt bad when he quit - she thought he was going to stay there another year and she shed tears - deponent went there to borrow a cradle the year before last just before harvest and the old man said he had not got any and deponent then asked the old lady and she said he might have it and he went and got it - for himself - he saw his grandfather an other time which he thinks was before he made the will - witness asked how times was and he did not answer -

(pg. 162)
he was sitting on his chair and deponent thought he did not appear to know deponent .
On being cross examined on the part of the petitioner he says he does not recollect of being there more than twice last summer.
MOSES DAVIS Ex?

JACOB J. KELLER being called on the part of those opposing the will was sworn and testfifed that he is 36 years of age and upwards - lives in Manheim and is a farmer and is a son of JOHN KELLER and grand son of YOST HENRY DAVIS - saw him last spring and last fall - saw him in May last did not see him in the summer when he saw him in May he and his grandfather and grandmother were going along in the road together near their house hold of each other by the hand - he stopped and asked them how they got on - the old man did not seem to know him and asked deponent who he was - where he was from and where he was going and the old lady smiled and asked the old man if he did not know him and he made no answer and she told him who deponent was - deponent talked some with the old lady and pretty soon the old man asked his wife who that man was and where he was going and where he was from - and deponent said a few words more and then pressed on- they stopped while he talked there - the old man had on a kind of frock and he appeared to deponent like an old man and he thought he was childish and had not his sences - deponent saw the old man near the fence by his house he thinks about first of October last - deponent rode up to the fence close to him and asked him how he did but he made no answer - he stood and looked at deponent - deponent asked him again how the old lady was and how he was but could get no answer - and then he turned his horse a little toward the big farm

(pg. 163)
and look in that and said to the old man that he had five hogs there and he said yes - he did not appear to know deponent - deponent has known his grandfather well since he can remember - he worked there considerable formerly - since he has kept house has not see him so often - saw him a year ago last fall and spoke to him but he did not answer - he was standing in his yard - thinks the last time deponent saw him when he appeared to know him was 3 years ago at deponent fathers where he then was - some 8 or 9 years ago he was at deponents house - he and the old lady stopped there as they were passing - does not recollect as he was ever there at any other time - deponent thinks the deceased had not sufficient mind to do business from what he discovered at those two times he last saw him.
On his being cross examined on the part of the petitioners he testified that he thinks he was not in his grandfathers house for 3 years before his death - remembers that when he met his grandfather at his fathers it was on Sunday. Conciderable many rose in the room and the old man set there smoking and did not appear to notice deponent until deponent went up to him and asked him how he was - he looked up and spoke to deponent in reply and asked how his wife was and he talked some with him - the place where deponent met the old man and his wife last spring was perhaps 11 or 12 rods from the house - deponent lives about five miles from the house of the deceased.
JACOB J. KELLER Ex?

May 10, 1836 examination of witnesses continued.
PETER LINTZ called on the part of the petitioners sworn and examined testified that his age will be 68 years on the 19th of this month as he believes - he is a farmer and lives in the town of Salisbury - that he was well acquainted with YOST HENRY DAVIS

(pg. 164 skipped)

(pg. 165)
deceased, and lived right near to him 15 years - that he left that neighborhood 26 years ago and went to Schuyler and since then had seen him 3 or 4 times - lives 13 or 14 miles from him - a year ago last winter the deceased came to deponents house with his wife and the wife of DANIEL DAVIS he had a numb hand and came to her - deponents wife to doctor it - he came in the afternoon and stayed till 11 o'clock the next morning - the deceased knew deponent as well as ever he did and he and deponent talked together all the time - deponent talked with him about his age and sickness and deponent told him it was time that he and deponet were preparing their afairs for an other home - they were getting old - that deponent intended to leave his afairs so that his children should not go to law about it - he concurred in the idea and he talked as rational as any and as freely as any person - when he left deponets house he bid deponent farewell and said perhaps they should never see each other again in this world but he hoped to meet him in heaven - he was much affected and had tears freely - he told deponent that he had DANIEL DAVIS' boy to take care of his farm now, that he had CHRISTIAN'S boy the year before but he did so badly that he would not have him any longer - that he took wheat to the mill and sold the bran and kernnels and never returned the money to him - he talked in the evening and morning about these matters.
This witness on being cross examined on the part of those opposing the will testified that he thinks that it was as much as 4 or 5 years since he had seen old MR. DAVIS,previous to the last time above stated - when old MR. DAVIS came to his house the woman came in the house first and shook hands with Mr. Lints and the old man followed and

(pg. 166)
deponent advanced to him and shook hands with him and old Mr. Davis asked witness how his wheat came on and deponent thinks these were the first word he spoke and deponent told him it did pretty well last year and implied that his did not do very well - deponent thinks Mr. Davis asked that question before deponent asked him how he did - can not say whether he at that time called him by name or not but on reflection recollects that he said Lints - how does your wheat come on - deponent cannot recollect exactly what was said in the conversation testified to in his direct examination about settleing up their affairs - deponent first spoke to him about a will - he did not want a will but alludid to a will when he spoke about it - advised him a mumber of times to make a will. Witness told him that he had made a will and given his land to his boys and they were to pay so much to the girls and the old man said he should do just as deponent had and follow his example - he also said his boys did not use him well and that the one that used him best he thought would get his property - Did not hear DANIELS wife say any thing on the subject of the will and witness and deceased did not talk very loud.
PETER (x) his mark LINTS Ex?

STEPHEN HAMMOND 3rd. on being called and examined on the part of the petitioners was sworn and testified that his age is 28 years and upwards - that he resides in Fairfield and is by occupation a farmer - that he was acquainted with old MR. DAVIS in his life time for 10 or 11 years - saw him last summer in June as he thinks it was the first horsing of team - heard him talk with DANIEL where witness first saw him he was on his knees crawling up the steep side hill - he said he had sliped and tumbled in the ditch below and was getting up - ____ and Daniel took hold of him and helped him up and Daniel told him he ought not to come out - he said he had come out to look to the fence that ISAAC had so much

(pg. 167)
to do in door and out that he could not do it - DANIEL told him that if ISAAC could not do all the work he had better hire an other hand - he replied that man asked from 14 or 20 dolars a month and that he had better give his farm away than undertake to live - that he could not make enough on the farm to pay such prices - he also mentioned that the old woman was feeble as the season - that ISAAC had to work in the house - and DANIEL told him if she was so week he had better send ISAAC and have a girl - and the old man replied that girls asked from 18 to 20 shillings a week and he would not hire one - after standing and talking awhile the old man went off to the house - they were about 25 rods from the house - thinks the old man went to the house alone.
On being cross examined on the part of those opposing the will this witness testifies that he does not now remember certain whether he saw old Mr. Davis more than once last summer or not - did not see any one direct him the way to the house - it was in sight.
STEPHEN HAMMOND 3 rd. Ex?

HOPSTILL BRADFORD called as a witness on the part of the petitioner and being sworn and examined testifies that his age is 46 years - that he resided in Fairfield and is a farmer - that he knew YOST HENRY DAVIS and saw him in the latter part of May last at his house - deponent went there to alter some colts- the old man told deponent where ISAAC was out in the lot planting corn. Could not understand his talk which was Dutch and which witness does not understand but he pointed to where ISAAC was - DANIEL also brought a colt there which was altered - does not recollect which paid him DANIEL or ISAAC - thinks he saw old Mr. Davis coming from toward Daniel's towards home

(pg 168)
while he was there.
HOPSTILL BRADFORD Ex?

ABRAHAM VEDDER, called on the part of those opposing the will was sworn and examined and he testified that his age is 29 years - that he resides in the town of Oppenheim, Montgomery County and is by occupation a farmer - that he knew YOST HENRY DAVIS and has worked there on his place last fall just before haying had been there about a year before that to trade horses - traded with ISAAC DAVIS - deponent received 5 or six dollas to boot - took part of it in felted cloth and the rest in money - recollects that the old woman went into an other room to get the moeny - does not recollect whether the old man went with her or not - does not recollect seeing the old man handle the money - there was a mistake in the money they brought out - a two shilling pieces for half dollars and went back to rectify it when it was discovered - the old man appeared to have the handling of no business at all last fall or fall before - John Biddleman was there and assisted in counting the money and measuring the cloth - never saw the deceased except on the two occasion above mentioned -
ABRAHAM VEDDER Ex?

JOHN BIDDLEMAN called on the part of those opposing the will testifies he is 48 years of age and upwards - that he resides in Fairfield - and is by occupation a shoemaker - was acquainted YOST HENRY DAVIS for ten years before his death - and during that time deponent made shoes for his family - almost every year in his house one or twice a year - deponent was there when Mr. Vedder traded horses there he had six dollars to boot between horses he took - towards 2 1/2 yards of felted cloth at $1 a yard and the rest in money - CATY HADCOCK and the old lady went in the other room and got the money the old man went with and took the key and attempted to uncover the chest but his hand was lame and the old woman

(pg. 169)
took hold and turned the key - the money lay in the chest - witness looked on and she took the money out - she remarked that she got that money by selling _____ - they made a mistake the first time bringing 2 shilling pieces for half dollars and they went back to get more when witness went along - thinks the old man went in the first time also for he had the key - he always carried the key in his pocket- two years ago last harvest deponent was there and the old man owed him a sixpence and offered him a half crown to pay it - deponent refused to take it and said to him that he owed him but a six pence and he went back and got a six pence and paid it to deponent - deponent worked there a year ago last December several days shoemaking- the old lady paid him in sugars and pork for his work that time - deponent has called theer frequently and sometime staid over night at other times for some years back - was there a year ago last February when the old man was sick and he had on petticoats - the old man did not much attend to giving directions about his business for a few of the last year of his life - the old lady did that principally - thinks she used to pay deponent pretty much for his work and settled with him - had wheat and butter and pork and sugar there for work - once asked the old man for 2 bushels of wheat and he said no and refused to let deponent have it but afterwards the old lady let him have it - the oldman said he had no more wheat than he wanted himself but deponent knew at same time they were fixing wheat to carry away to sell to get money to pay the taxes - thinks that was two years ago last January - witness saw him several times last summer

(pg. 170)
sometimes went in and talked him - he was an old worn out man - sometimes he would talk very ____ and sometimes he would be an other way - by this he means he could not make any sense of his talk - he was very feeble last spring - the people about there used to think the old man a hundred years old - does not know his age - he was an old man. On the cross examination on the part of the petitioners this witness testified that it is the general reputation among the acquaintances of the deceased that during the revolution the old man went off to Canada and joined the Loyalists - has often heard him complain of his hired men - he said about two years ago one of his hired men that if he kept him much longer he would have ruined him - one thing he named was that he made use of money that he got for the produce of the farm - another was that they drank to much cider when playing cards the old lady was very smart for an old Dutch lady.
Note: next two lines unreadable

The witness JOHN BIDDLEMAN called again on the part of those opposing the will testifies that he was present when Mr. Pickert bought the cows at Old Mr. Davis'- the old lady went to the barn with them - when they came in the money was handed to the old lady - does not recollect hearing the old man say anything about cows - recollects being at the Davises on the 25 June last - ate dinner there - after dinner witness sat talking with the old people - an Irishman was there, he talked about being hired to work there with ISAAC and the old laldy did not hear the old gentleman say any thing about it, thinks the old man appeared as if he did not know much - the Irishman asked $14 a month - he was to begin on the 16th July and work one month - at the time Pickerts was there buying the cows - deponent came with them for that purpose from Waters___Tavern at Fairfield Village.
JOHN BIDDLEMAN

PETER WESSELS called on the part of the petitioners was sworn examined and testifed that his age is 56 years - lives in the village of Little Falls and is a laboring by occupations - deponent knows YOST HENRY DAVIS thinks he saw him a year ago last March at his residence - he had also seen him about a year before that also at his house - went there to see some of his cattle that were ailing - the last time he was there he was passing the house and saw the old gentleman at the door, spoke with him by giving him the usual salutation - the old man called him by name and wished him to go the barn with him to see the horse that he thought was ailing - went to the barn and looked at the horse and thought nothing very serious the matter with him - he spoke with approbative of the remedy deponent used for the cattle and said which

(pg. 171)
good justice and that he thought the horse was sick but said he did not know - deponent asked him why he trouble himself so much about the cattle and his business and why he did not give his property to some of his boys or their children and let them take care of him ---and he replied that he intended to give it to DANIEL'S boy ____ to ISAAC. On being cross examined on the part of those opposing the will deponent says that deceased hailed him as he was going past and told him he did good justice to the cattle and that he thought his horse was sick and he wanted deponent to go and see it - the barn stands on the same side of the road with the house - the old man went with him to the barn -
PETER WESSELS Ex?

DANIEL DAVIS called again on the part of the petitioners to speak of new matters not before testified to or concerning by him - recollect having a converstaion with ROBERT DAVIS about his fathers mind- had but one conversation with him at Little Falls on the subject - it commenced by Roberts asking deponent if his father had made a will yet - deponent replied to him that he had not - Robert then said he would go up and talk with him to make a will half to deponent and half to his brother CHRISTIAN- deponent told him he could go do what he had a mind to - that it was all one to deponent - deponents son SOLOMON was present - deponent did not ask ROBERT DAVIS to go and talk to his father to make a will - cannot remember that any thing was said about his being like a child nor about his getting lost unless they watched him.
DANIE (X) his mark DAVIS

CATHARINE DAVIS called again on the part of the petitioners to testify as to new matters not before testifited concerning says she was present soon after the will was made when CHRISTIAN DAVIS and JOHN KELLER and his wife and JAMES VAN SLYKE and his wife who is a daughter of JOHN KELLERS wife came to the house of the deceased - this was the time on Friday next after the Monday when the will was made - it was not the time before mentioned when they came to appraise the property - JOHN KELLER asked the deceased the name of the place he came from in Germany and he told him but deponent does not recollect the name - while there they were talking about work as she thinks on the building and the old man said wages was so high that the man asked him $20 a day and she corrected him and told him he spoke a ___ it was $20 a month - heard Mrs. Van Slyke speaking of the will say that the old man was so old the will would not stand and she heard the old man say to himself that they think I am

(PG. 172)
a fool but I am as wise as they are - this was when the others except Mrs. Vanslyke were gone out - does not know as they said any thing further to the old man - thinks that CHRISTIAN and JOHN KELLER did not come in again - but MRS. KELLER came in and said they must go and MRS. VAN SLYKE got up and went to the old man and bid him good bye and said he was old and she might not see him again - the old man said to her that he understood they have leased a place and that they must be smart and do well on it so that they could get set another year - she said to deponent she did not understand what he said and deponent then informed her and she replied that the house was old and the fences poor and she did not know as they should want it another year - the old man answered by that they must fix up the fences and do as he used to when he leased a place - heard the deceased say several times last summer that KELLERS wife wanted him to have a family come in there and to sell off his things except one cow which would be enough for him and his wife, and he said he would not have an other family there that he ____ begin with one cow - that he was poor then - on Monday next before Wednesday the deceased had a converstaion suspecting the place where he would choose to be buried when he should die - several places were spoken of and he declined being buried on his farm but designated the place in the burying ground where his brother in law MONK was buried as the place of his choice.
CATHARINE (X) her mark DAVIS Ex?

ELIJAH HAUNTON beking called as a witness on the part of those opposing the will was sworn and examined and tesifies that he resided in Fairfield - is a farmer - is 82 year of age wll be 82 November next - that he knew YOST HENRY DAVIS

(pg. 173)
in his life time - knew him for 49 years - deponent did not know the age of Mr. Davis but says posed by his appearance that he was as much as 15 years older than deponent - always supposed ever since he knew him does know know as ever he heard him tell his age - when witness first came into the country he was 32 or 33 years of age - he located where he still lives which is about a 1 1/4 mile from where said DAVIS then lived and where he continues to live until his death.
On being cross examined on the part of the petitioners he says that MRS. DAVIS was a woman who always did a good of work - out of doors has seen her holding plough - formerly the old man talked all Dutch and witness could not understand that but rather thinks MR. DAVIS was always rather a dull man.
ELIJAH HAUNTON Ex?

Herkimer Coutny Surrogates Court:
In the matter of the last will and testament of YOST HENRY DAVIS, deceased, examination of witnesses contined May 23, 1836.
JOHN YOST SHALL called as a witness on the part of the petitioner and duly sworn and examined and he testified that he resides in the town of Danube, in the county of Herkimer - that he is by occupation a farmer - that he was born on the 6th day of October 17__ which makes his age 84 year on the 6 October last - that he is a native of Germany and came to this country about the years 1766 or 1767 - that he was acquainted with YOST HENRY DAVIS while he and deponent lived in Germany and lived near him there YOST HENRY DAVIS was a year older than deponent - that was what was said when they played together as boys and they came together to this country in the same ship and they both came to

(pg. 174)
this part of this country together and both settled in Palatine and said DAVIS was bound to HARRIS KELLER to buy his passage - he had not money enough to do it - he lived when bound to him near Fort Plain and then moved to the place afterwards Fairfield - thinks he last saw Mr. Davis some 10 or 12 or 13 years ago - his farm was 11 or 12 miles from deponents residence- this witness on being cross examined on the part of those opposing the will testifies on being asked if there is any circumstance which has called to mind until lately the age of YOST HENRY DAVIS, deceased, he says that four or five years ago when a young man came to subpeona him to testify in this matter, he,deponent, asked him if old Mr. Davis was alive yet - deponent had not heard of his death - he said Mrs. Davis could tell silver money and might tell bills but cannot say when the young man came to subpeona deponent - there was an other person with him and they made enquires of the deponent respecting the age of Mr. Davis - deponent was a lieutenant in the Revolutionary Army and now draws a pension from government for his revolutionary services.
JOHN YOST SHALL. Ex?

In the name of God Amen, I YOST HENRY DAVIS of the town of Fairfield County of Herkimer and State of New York taking into consideration the uncertainty of this mortal life and being weak in body but of sound and perfect mind God be praised for the same do hereby publish and declare this to be my last will and testament in manner and firm following that is to say - First - I do will and order that my dearly beloved wife CATHARINE DAVIS shall be well and sufficently provided for, after my decease, should it please Almight God to prolong her life, in such a manner that she wants for nothing that may contribute to render her declining day comfortable . Secondly - I give and devise unto my grand son ISAAC DAVIS all that certain piece or parcel of land situate laying

(pg. 175)
and being in the town of Fairfield, County of Herkimer and State of New york and is more patricularly known and distinguished by name of lot number six in the subdivision of lot number eleven in Glens purchase and begins at the southwest corner of the subdivided lot Ar 5 and runs from thence east thirty nine chains and one rod thence south fourty chains and thence west thirty nine chains and one rod - thence north twenty five chains and two rods to the place of beginning containing one huncred acres of land be the same more or upt - it being my old homestead to have and to hold to him the said ISAAC DAVIS and to his heirs and assigns the afore mentioned and divise promises forever.
Thirdly - I give and bequeath to my son CHRISTIAN DAVIS one hundrend and twenty dollars.
Fourthly - I give and bequeath to my son DANIEL DAVIS the sum of one hundred dollars
Fifthly - I give and bequeath to each of my daughters BARBARA SHAFFER, ELISABETH KELLER, and MARY HADCOCK, the sum of one hundred dollars each which several legacies or sums of money I do will and order shall be paid to my several legatees by my grandson ISAAC DAVIS or his certain attorney within one year after my decease and I do further will and order that my dearly beloved wife CATHARINE DAVIS shall have the sole and whole control of such house soon as she may wish for during her natural like as also all my bedding and household furniture.
Sixthly and lastly and as to all the residue and remainder of my personal estate goods chattels of whatever description of which I may __ _____I do will and order will be equally divided among all my dear children and I do will and order that my grandson ISAAC DAVIS shall reap all the near profits of my farm from the date hereof until my decease - and I do hereby constitute my dearly beloved wife CAHTARINE DAVIS my executrix and HENRY KELLER and THOMAS COLE my executers to this

(pg 176)
my last will and testament - I hereby revoking all former wills by me made or intended to be made. In witness where of I, the said YOST HENRY DAVIS, have here unto set my hand and seal this 29th day of June in the year of our Lord one thousand eight hundred and thirty five. Signed, sealed, published and declared by the above named YOST HENRY DAVIS to be his last will and testament in the presence of us who have hereunto subscribed our names as witness in presence of the testator.
THOMAS COLE 2nd, DANIEL WINDECKER, GEORGE KELLER
YOST HENRY (X) his mark DAVIS

Herkimer County Surrogates Office - Be it remembered that in the first day of June, 1836 the above last will and tsstament of YOST HENRY DAVIS, deceased, was duly admitted to probate as a will of personal property and probate therof was there upon granted and at the same time said will was duly proved as a will of real property upon and by the oathes and evidence of all the subscribing witnesses thereto together with the evidence of other witnesses - and from that the testator at the time of executing the same was in all respect competent to divise real estate and not under restrant which will and proofs and examinations so taken have been duly recorded in the proper book for that purpose provided in the Surrogates Office. In witnes where of I have herewith set my hand and affixed my seal of office this first day of June 1836.
A. LOOMIS Surrogate Ex?

Herkimer County Surrogates Office - I certify the foregoing to be a true record of the original will and proofs there of YOST HENRY DAVIS, deceased, this 1st day of June, 1836.
A. LOOMIS - Surrogate




Notes from Elizabeth Perkins: Yost is buried in the "Old Yellow Church" cemetery and his marker reads 2/10/1836 ae 86. His wife Katherine (Bartram according to LDS) reads 5/10/1839 ae 81. What was causing me problems is that Daniel L. Davis is buried in the same plot but he is son of Jacob Debus/Davis (my line). I was hoping to perhaps find if these two were brothers. It did clear up my thinking that these families came from Germany. There is so much confusion about the Davis line because the Christoefelis Davis/Davits line is from Wales and then there is the New England line. I was at the Herkimer County resource center this past summer and can see why so much wrong information is on the web-sites. It states in one book that Jacob Davis was born in Fort Hunter and is from the Davis line of Schenectary. As far as my notes from my grandmother Jacob Davis was born in Mannheim, Germany. I also know from history of the Yellow Church of Manheim that the two towns, Fairfield and Manheim merged as one congregation when the new church was built.



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