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Brotherton & Weekping Indian Communities of NJ

Confused Tenants & Powers of Attorney

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Weekping or Coaxen
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Indian Rules of Descent of Lands
The Will of Charles Moolis & Legal Action to Stop It
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Confused Tenants & Powers of Attorney
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The appeal from the Orphans Court to the Prerogative Court in Trenton added to the confusion as to clear title of Weekping.  The following releases from white tenants give an illustration of this chaos.  Both the Indian claimants and Foster were vying with the tenants as to who signed leases with whom.
 
March 1805 (blank copy)

Isaac Ridgway Surrender

Whereas I have leased from Bartholomew Calvin & Hope called Hope Moolis part of the plantation in Northampton called Weepink or Coaxin of which Charles Moolis died possessed and whereas it is agreed between me and said Bartholomew and Hope that I should give up and surrender the said Lease and possession - and they to acquit and discharge me from the same - now by these presents I do release surrender and give up the said Lease and do put the said Bartholomew and Hope into the possession of said premises - to hold and occupy as if such lease to me had not been made

Witness my hand and seal this day of anno Domine Eighteen hundred and five

Sealed & Delivered }

in presence of

 
August 1805 (executed copy)
 
Whereas John Pettit have Live [d] and been in Possession of a Part of the Coaxen or Weepink Plantation under a Lease from Charles Moolis Deceased and Whereas the said Charles Moolis by his Last Will and testament made in writing Deuly Proved and Recorded having give and Devised all the said Lands and Plantation to Josiah Foster Esqr. his heirs and assigns forever Therefore by these Presents I do Put the said Josiah Foster Esqr. in the Possession of the said Premises to be by him held occupyed and Possed, as witness my hand and seal this Twenty sixth Day of August one thousand Eight Hundred and five

Sealed and Delivered John Pettit his mark

In the Presence of

Asa Rogers

Charles Moor

William Moore

Saml. Beck

Release dated 1805, and entered 1809 (blank copy)

Whereas I [Isaac Ridgway] have leased from Bartholomew Calvin & Hope - called Hope Moolis part of the plantation in Northampton called Weepink - or Coaxin of which Charles Moolis died possessed - and whereas it is agreed between me & said Bartholomew and Hope that I should give up and surrender to them the said Lease and possession - and they to acquit and discharge me from the same Now by these presents I do release surrender and give up the said Lease and do put the said Bartholomew and Hope in possession of said premises - to hold and occupy as if said lease to me had not been made.

Witness my hand this day of anno Domini 1805

Sealed & Delivered }

in presence of

[on reverse:]

Know all men by these Presents that Isaac Ridgway having a Lease on the Lands and Premises whereof Charles Moolis Died Possessed and am in full Possession of the same and having agreed with Edmd. Hollinshead to Transfer the said Lease and Possession to him and by these Presents Doth for and in consideration of the sum of four Hundred and fifty Dollars to me in hand Paid by the said E. Hollinshead the Receipt whereof is hearby owned and acknowlidged I Have fully given up and Surrendered the said Lease with the Possession of the Coaxin Lands formerly held and occupied by Charles Moolis Decd. to him the said E. Hollinshead his Heires and assigns

In witness whereof I have hereunto set my hand and seal the 2_ th day of March Eighteen Hundred and Nine

In the Presents of

 

Powers of Attorney
 

Three local men to defend the Indian rights to the land:

31 Augt 1803

Dear Josiah Foster

We hereby Inform thee, that we Consider it is our duty to Defend the Right of the Indians to the Coaxing Land, therefore we Cannot agree to leave it to private arbitration. -

Enoch Evans

John Bishop

Asa Eayre

 

1804 Letter from Evans and Eayre to give up their power to Hahlon Budd.  Letter addressed to Josiah Foster:

11th Mo 19th 1804

Dear Friend

Barhul.w Calvin Informs me that Hahlon Budd of all [ ] has agreed to take a power of Attorney and superintend the Coaseng Farm for the Indians to which I am agreed and willing to Resign all powers which has been given to me

Asa Eayre

To Enock Evans

I am willing to resign the power given by Bartholing and Hope no more without [fore] ther consideration

Enoch Evans

Indian Revocation of Power of Attorney, February 1805:

Revocation of Power of Attorney

Whereas Bartholomew Calvin and Hope called Hope Moolis did some time past make and constitute as our attornies in fact Enoch Evans, Asa Eayre and John Bishop as by reference to the said deed of Attorney may appear - now for good reasons us hereunto moving we do by these presents wholly revoke the said letter or deed of Attorney and all powers right & interest whatsoever therby granted and given unto the said Enoch Asa & John or either of them or any other person or persons touching on or concerning the same plantation or tract of Land situate in the Township of Northampton called Weepink or Coaxin late in the possession of Charles Moolis deceased & now held under us by Isaac Ridgway and George Wills - And we herby forwarn all persons from taking or receiving any deeds leases, assignments or Interest whatsoever from the said attornies or either of them - as the same will be void and of none effect. Witness our hands & seals this nineteenth day of february - anno Domini Eighteen hundred and five -

Sealed & Deleiverd Bath Calvin

In the presence of Hope Molis her mark

Wm. Griffith

Edmd. Hollinshead

[on reverse:]

Let it be Recorded, that on the 19th day of February AD 1805. Personally came and appeared Before me th subscriber one of the Judges of the Court of Common Please in and for the County of Burlington, Edmund Hollinshead one of the Witnesses to the Execution of the written Instrument of Writing, who after being duly affirmed according to Law did affirm and say, that he was present and saw Bartholomew Calvin and Hope Moolis, therein named, sign seal and Deliver the same as their Act and Deed for the use and purposes therein mentioned; that the name Edmd. Hollinshead thereto subscribed as a Witness is the proper hand writing of him the affirmant, that William Griffith was also present and signed his name as a Witness to the Execution thereof, together with him the said affirmant & further saith not.

Affirmed Before me at the } Edmd Hollinshead

City of Burlington the day & year

Above said

Thos. Adams

Power of Attorney Granted to Foster, February 1805:

We Bartholomew Calvin and Hope called Hope Moolis do by these Presents make Josiah Foster our Attorney in fact for us and in our Names but to his Own use to act and do every Matter act and thing concerning the Plantation called Weepink or Coaxen in the Township of Northampton as we could do and to call to account all such persons as are in any Manner of way Accountable to us in regard to said Premises and to Demand and Receive all writings concerning the Same and Generally to do whatever we might

Witness our hands and seals this 19th of february 1805

Sealed and Deliver’d Bartholomew Calvin

in Presence of Hope Molis her mark

William Griffith

Edmd Hollinshead

Hope Moonis's Revocation of the Revocation, March, 1805:

Whereas I Hope Moonis als[o] Moolis did on the 14th May [1803?] A.D. with Bartholomew Calvin authorise and impower my friends Enoch Evans Asa Eayre John Bishop and Job Jones or either of them to Lease and Rent the Coaxing lands for the sue and purposed in the said letter of Attorney Expressed And Whereas I have lately been imposed upon and perswaded against my wish and inclination to revoke the said Letter of Attorney to the said Enoch, Asa, John and Job and to give a new power unto Josiah Foster which power the said Josiah Foster was obtained through fear and duress I have therefore this fourth day of March AD 1805 Revoked & annulled the said power to the said Josiah Foster as also the power heretofore given to the said Bartholomw Calvin

Now be it known that I the said Hope for divers and good causes Do hereby authorise and impower the said Enoch Evans Asa Eayre John Bishop and Job James or either of them as my Attorney or Attorneys to Keep possession of the said Coaxing Lands and to do and perform all things as in the said former powers are Expressed hereby ratifying and Confirming all that shall or may be by them Lawfully done in the premises, my Deed of Revocation to the Contrary notwithstanding.

Witness my hand and seal this 4th March 1805

Signed Sealed & deliverd Hope Moonis her mark

in the presence of

Isaac Ridgway his mark

[reverse:]

Josiah Foster

Evesham

Received the 12 of April 1805

Note:  The reader is left to ponder the relationship among Hope Moolis, Bartholomew Calvin and Josiah Foster.  By early 1805, Calvin and Foster had gotten Hope to agree to Foster's representation.  Within a month however, she revokes her power of attorney to Foster and Calvin.  Evans, Earyer, Bishop and others would continue to successfully champion the Indian claim to Weekping for the next decade.

 

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