Foster's Query as to Descent of Indian Land
The document is undated, but it is with the Brotherton folder of the Foster Collection. By 1797, the Brothertons
were actively engaged in attempting to move as a community to New Stockbridge, New York (although a significant number of
Brotherton residents were opposed to the move).
It was during this time that Charles Mullis (Moonis) died, leaving a controversial will which gave the Weekping
parcel to none-other than Josiah Foster.
This document was not referred to by Foster during the subsequent litigation and legal arguments surrounding his claim
to the Coaxen land.
Indian Rules for De[s]cent of Lands
The Rules and Customs that were observed by Our Antiant Proprietors are as follows -
That Every Proprietor owned a Certain Tract of Land which ran the same as your Townships do-
And the way they Commonly heirsed their Lands is this, Supposing for an Instance a Proprietor has Brothers Sisters and
Children and he the said Proprietor fall away, he cant heir his Lands to his Children nor yet to his Brothers Children, but
must heir it to his Sisters Children, for they are the proper heirs according to our Antiant Proprietors Rules But, Yet Not
withstanding, if he (the said Proprietor) has an obedient Son, he may if he pleases heir part of his Land but Yet Not Equal
to his Sistors Children to his sd Son. These are our Ansestors Laws
Sined Derick Quaquius his mark
Mary Calvin her mark