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Depositions of Witnesses
Phineas Kirkbridge Affirmation (1st)
Burlington Oph Court:
On the Will of Ch: Molis} Affirmn of Phineas Kirkbride
1798 No. (1)
filed Augt Term 1798 Wm Griffith Reg:
Exhibit (A).
Phineas Kirkbride Affirmed:-
The name Phineas Krikbride subscribed in his handwriting: was present when Charles Molis signed & sealed
the said Exhibit as his last will and Testament & published it as such in the presence of the Witness and of the other
two subscribing witnesses Daniel and William Joice: - the words "Chalres Molis his mark" is the handwriting of this witness
- doth not know whether Molis requested him to write these words - it was necessary for some one to do it: the mark was made
by Molis / but one of the witnesses supported or held his hand - but he did it voluntarily: - he was low & weak - sat
up in the bed - Witness thinks he assisted him: - he was not more weak & feeble - than witness had seen people on such
occasions - after he had signed the will he was asked if he signed sealed & published the instrument as his last will
& testament he answered"yes" that he "did:" -
When the paper was executed it was delivered to the Witness at the request of Molis - who was to take care
of it ‘till called for: - the way the paper was handed to the witness was this - he understood that Molis wished him
to take care of the paper - and asked him if he requested it; Witness to care of it he answered yes: Witness took it and kept
the will untill after the death of Molis: Molis never called on Witness for the will afterward- nor spoke a sentence to him
about it. - after Molis deceas - Witness put it into the hands of Thomas Burr Esq. - this was the day after Molis burial -
dont know whether it was first handed to Squire Burr or M.r Foster - but it was handed to Sqr Burr to read - in the presence
of the people: Burr opened and read it and then delivered it to Judge Foster: -
- was called in the morning by Josiah Foster - he told him that Charles Molis had been after him to write
a will for him - he said he thought it would be necessary for some neighbors to be present and requested witness to go with
him - that if witness would come along in half an hour it would be in time: Witness accordingly went: when Witness came to
Mullis house - found there Joice & his son William & Josiah Foster: went in and saw Josiah Foster - all were in the
room: Molis appeared to be asleep when witness went in: sat there a quarter of an hour or more - and then Molis waked up -
and spoke to witness - calling him by name and asking witness how he did: witness then went to the bed of Molis - and asked
him how he did: he answered that he was poorly or very poorly but better than he had been: witness had not seen him before
in that sickness: - after some little Conversation - which witness dont particularly recollect - it was mentioned that it
would be well for the Witnesses and an indian there to retire while the will was read - they agreed to go verily - Witness
did as it was customary on such occasions: Josiah Foster requested them to withdraw - they accordingly went out: they were
out a Considerable time long enough - or plenty of time to read and explain the will as witness supposes: - they were then
asked to walk in by Josiah Foster - they went in - and then pretty soon the will was executed: dont remember any thing particular
passed after they were called in before the execution: at the time of Molis executing the will - Witness was of opinion that
he was in his senses - and as the witness thinks of sound and disposing mind & memory: - he thinks this for several reasons:
had been acquainted with Molis - for about 17 years lived a mile and a quarter from him or thereabouts and had dealt with
him: after the execution of the deed a will - for after a few minutes - Molis said "Siah" meaning Foster you must settle all
my business and pay my debts Molis then undertook to tell him where he owed monies: he mentioned Witness as one - Witness
had made him a one horse Cart - which was unpaid for - he also mentioned the blacksmith who had ironed the Cart who was not
paid: Witness thought from the time Molis awoke & knew him so soon he was in his proper senses - he likewise mentioned
that he owed Daniel Joyce for pasturing a Colt for him: no question was asked Molis about his debts he spoke of them voluntarily
- there was some Conversation between Joice & Molis about the Colt at that time which Witness does not recollect: he mentioned
Japhet Garwood to Josiah Foster as a person to whom he owed some things: thinks also he mentioned George West: Witness says
George West had some little while before made a harness for the Cart for him: -
Charles Molis recovered of that illness - this transaction was 9th of Sept 1797 - Molis died 10 feby 1798
- Saw Molis 3 or 4 times after to see how he was - he was hewing out the handle of a broomstick asked him how he did - he
answered quite bravely - and spoke Chearful - calling witness by name. in Octr or fall of 1797 - There was a quantity of Buckwheat
raised on Mullis farm by the white people: Witness applied to Mullis for a few bushes - was twice there about it - got the
buckwheat - The day before the will was executed Josiah Foster came to Witness and requested him to go up to Mullis - in order
to see what was to be done about Mullis will - or to execute it as Witness supposes: - Witness went but did not get quite
to the house - when he met Josiah Foster coming from the house: Judge Foster told Witness that he had been to the house -
that Molis was so poorly it would be best to adjourn it till morning - he understood from the family was best in the morning
- Foster said he was going to Vincent Town & would call on Mollis again in the evening when he returned - Judge Foster
told Witness that Mollis was generally worse in the afternoons he did not know whether he was quite Capable in the afternoon:
The witness on being asked whether Judge Foster told him he was incapable of executing the will that afternoon answered: That
he is not sure that Judge Foster told him he thought Charles incapable of executing a will that afternoon - he dont know that
the word Capable was used - his meaning was not to say that he understood Judge Foster as saying he thought him incapable
- he says he the witness might have thought so - but Judge Foster did not say he was incapable - he did not understand from
anything Judge Foster said that Mullis was incapable that afternoon with regard to his mind from exexuting the will - he said
he was a good deal poorly and it would be better to have it till morning: - Witness did not see Molis that afternoon - nor
at any previous time of his illness:
Cross: Ex.d: -
Charles Molis could not write as Witness believes - does not know whether he could read: dont know if he could
read print - believes he could not write: believes he [Foster] was writing the will or making some alterations upon the paper
now in Court - he thinks it was on the same paper: does not know if the paper was given to Molis to read before he was executed
it - dont think he could read - never heard the will read to Molis: did not hear any person ask Charl: Molis if he was acquainted
with the Contents of the paper: - does not remember who requested witness to write Charles Molis name - nor does he remember
who it was guided Moolis hand but is certain some person assisted him: he was asked if he allowed that or published it as
his last will & Testament - he answered "Yes" - thins Jusge Foster put the question to him - dont recollect he said "yes
Siah" - Molis was in bed - at the time Judge Foster asked him if it was his last will - it was in view of Molis & all
of them - dont know the exact position of the paper when that question was put: it was there on the table they were all about
- is not sure it was then in Judge Fosters hand - or on the table - when he signed it he raised himself on the front side
of the bed - and made his mark - he was setting up as witness thinks when he was asked if that was his will; it was immediately
after he signed. There was no other paper there as witness saw: Believes Josiah Foster asked Molis if witness should take
the will - Molis said yes: Witness then asked him if it was his wish he should take care of that writing he answered yes:
- the witness asked him if he should keep the writing till called for - he said - yes: witness thinks he took the will out
of Josiah Fosters hand: was at the house he thinks a couple of hours - the others were there longer:
By M.r R. Stockton} Before the will was delivered to him was it sealed up in the paper now shewn to him -
and kept by witness so sealed untill after the death of Testator - without access by any person - or knowing himself the Contents:
Phineas Kirkbride
Burlington Oph Court:
Ch: Moolis will v Caveat} 2nd Aff of Pineas Kirkbride
1798 No. (17)
filed Septr 11th 1798 Wm Griffith Reg:
Exparte Will
Phineas Kirkbride again affd -
- Dont know that Job Jones on the day Charles was buried expressly told the witness Charles was not in his senses when
he executed the will - Job said to witness that he hardly thought Charles was in his senses when the will was executed - and
after they met at the house at the burying Job Jones asked him if he could with a clear conscience or on his qualification
or something like that say Charles was in his senses when the will was Executed - Witness answered that if he ever had to
say any thing about it he should always say so for it was his opinion - Josiah Foster was at the burying was present the next
day when the appraisment took place and was an appraiser - there was something said that day about his being in his senses
- It was after the appraisment was over Siah Foster asked them if they had any objection to proving the will & inventory
and whether Charles was in his senses when he executed the will - the reason for his asking the question he said was in Consequence
of what Job Jones had said - to witness the day before - which witness had told. Heard a question put to Daniel Joyce that
day by Josiah Foster about Charles being in his senses - witness answered that he was - Joyce answered also that he was -
witness says that Joyce then said Charles was in his senses at executing the will: Has heard Joyce talk about the matter several
differet times - Joyce always allowed Charles was in his senses when the will was executed - he has expressed his doubts whether
Charles was in his senses when he got there in the morning - but has allowed that he was so after he was roused up - and always
allowed to witness that he was so at when he executed the will - thinks he has heard tell Squire Burr that Charles was in
his senses when Charles executed the will - thinks it was at Burrs house of office is not Clear it was [stated] to Squire
Burr - but thinks it was to him - but is clear that he has heard him say so several times - is clear that Joyce used the words
"at executing the will" Joyce said he thought him incapable of making a will when he first came - but when he was roused and
heard what he said - he was confirmed he was in his senses: - now he recollects he heard Joyce say so at his shop - dont recollect
who were present except some of the family - but remembers Joyce said he was in his senses -
Phineas Kirkbride
Ch Moolis Will v Caveat } Deposition
Bethuel Moore No (8)
Filed Sept 11 1798 Wm Griffith Reg
Bethuel Moore - In 10 month last between 16 & 17th was in Company with Several others assisting to devide Cedar Swamp
- that was in partnership between Josiah Foster & his brothers children: sometime in that time the subject of the discourse
was in regard to the Indian property - called Chas. Moolis’s: remembers in discourse to mention was made a valuable
property of some people had had the managing of it: Josiah Foster said it were: like wise querying who it would go to if one
should die being then the only one living: Witness said - he said he thought it would go to the other Indians: Foster remarked
and said no the fee is in him solely in hem he has a right to do with it as he pleased - Witness told him he did not expect
so: Foster answered the fee was in him - or that was his opinion or to that effect: there was a good deal said but - some
part Foster told Witness - that as he Foster had been a good friend to the Indians Charles had better give it to him - or
that he had told Charles he had better give it to him - or that he had persuaded him - to give it to him - witness cannot
remember which of these expressions he used: he might misunderstand him - a good deal was said he does not recollect: Had
fine conversation with Josiah Foster at that time about marrying his daughter: - Witness did not know Moolis: -
Bethuel Moore
Statement by Foster to the Public about the Controversy & his appeal of the Orphans Court Decision
The Publick having been, I think, Impressed upon for some months Past by some persons actuated Either by Invy or Disappointment
or from an overstreched zeal, which they Gloce with the [collor] or Name of Seeing Justice Done to the Indians in the assure
[issue] of Charles Mollis['s] Estate, But I believe an Impartial Judge before he Decides whold wish to hear both sides of
this controverce to Inable him to Do Justice to the Cause he is about to Determin, and I allso believe all men Equally Intitled
to Justice, a man may Err in his oppinions, but that is not to Debar or Prevent him from having Justice; to obtain Justice
for One Party at the Expense of another is only Parshel Justice and Never Shold be Done Unless it cannot be obtained on better
terms, and that cannot be ascertained Until Every fare and Reasonable mithod to obtain it is first tried and Rejected -
Now Whether this has been the conduct of my opponents in the above cause or not I shall Lieve the canded and Impartial
Publick to Judge from the following facts -
By Illnatured Repoarts I am compelled thus Publickly to Diclare that I Never made use of any Persuations or threats to
Induce Charles Moolis to give me his Estate, But it was upon his Vollintary offer five months Previous to the writing of his
Will, as well as at the time it was wrote it was no Hasty Resolution of his that I shold have the Estate after his House keeper
as he cauld her Basheba Pombless and his Brother in law John Haise have the Profits of it as Long as they lived for Reasons
he assigned John haises part [was] not to be in the will But soon after the Death of Charles Moolis I found that there was
Likely to be an [unpleasantness] about the Estate the Deed and papers where Secretly taken away a Caviett Entered by the Indians
against the proving [will] I wished to see some of those Persons who where the most Likely to take an active part in getting
Justice Done to the Indians as they termed it, but no one appeared, Three or four weeks was spent by them in throughing out
Invectives against me, finally I obtained by the Interferance of some of my friends a confirence with some friends met at
Burlington, at that confirence I informed them that I had not seen the title Deed that John Wills made to the Moolis family
for those Lands for some years, but that I whold agree to Lieve the Examinations and Determinations of it to the Judges of
the Supreme Court and whold abide by there Desition But that offer was Rejected and treated with contempt, and Nothing whold
Do But I must give it up I informed them that I shold not do that, until I knew to whome it belonged, and to whom I was to
give it, for I had Reasons to believe that it whold not be to the Indians Besides it whold be [confering] to the World that
what they siad of me was true but finding nothing which I utterly Denyed I was therefore Determined to have a hearing cold
be Done, I withdrew, and admitting with a friend I informed him of my offer, he answered it was a Reasonable one and he whold
trye if he cold not Prevale upon them to take with it, after some time he Returned and informed me they whold not hear to
it, and after some weeks had passed Joshua Evans came to my House and Informed me his business was to Persuade me to give
up the Estate Late Charles Moolis to the Indians, and allso informed me he had been with aaron and Mosis Wills and Hezekiah
Jones and from theire Information he thought I had better give it up; my answer was, that, there had been an unwarrantable
attack on my Reputation in that Business and such as one as I knew I Did not Deserve, and unless I could have a Hearing to
clear myself from these charges, I shold not Relinquish my clame, Besides I knew not to whome I where to give it, finding
he could not Prevale on me to comply with this Request he then Proposed having it left to men, to which I agreed, Provided
it could be left to Impartial men, men not allready biast or Prejudist against me men that where Knowing in Law and titles
and acquainted with business, he wished me to mention the men I whold be willing to Lieve it to I mentioned Joseph Smith James
& Joseph Stone Isaac Cawgall and John Lacey, he agreed and aded he thought them good men and that the thought no one whold
object to them, sometime after with the assistance of some others and the Indians appointed five others without my knowledge,
a List of which was sent to me, and Nothwithstanding, I knew most of them had allready Determined the Cause against me, I
agreed they should all be notifyed, and meet, at time and place was set, and the most of them met and after waiting sometime
and sending to theire attorneys Jos. Read for them, at Length my opponents appeared, and to my supprise & astonishment
we were told that they had no hand in the appointment of the men, nither shold they agree to submit the controvercey to men,
for that Joshua Lippincott was the Heire at Law and he had not been consulted on the subject and that he was from home and
not Expected at home for some time, and so the Business (with some tantalising Exprestions to me) Ended at that time, and
in the same manner Lay until the Return of Joshua Lippincott, and as soon as I heard of his being at Home, I wated on him
and Informed him of the Business and allso told him that Moses Wills had siad that he was the Heire at Law, and if that was
the case I wished us to think of some method of getting the Dispute spedially settled, and proposed, submitting of it to men
that there might be a fare and Impartial Ex[amination] into the title as well as into my conduct in the Business, he Declined
having anything to do with it, and Desired his name might not be mentioned in the Business: finding I was not Likely to get
a Hearing in this way I informed him and his friend, then with him, that I thought myself Hardly treated, my conduct censured,
my Reputation Stigmatised and I cold not git a Hearing, But if I was Refused on in this ammicable way which I Perseued, I
whold have one by the Laws of my country the answer was I had a Rite to Do as I pleased, Now I whold ask if any one can suppose
that there was or has been any Intention of fraud in me when it will and must appear that I have Been uniformly from the beging
(of this novel and tragical Business,) Disireous of having the merrits of the Dispute as well as my conduct Examined and Schrutinised
yet Notwithstanding all those offers and solisatations of mine to Procure a fare and Impartial Hearing to no affect; I am
Slandered by them in theire Pretended Indian Memorial and Subscription Papers as well as virtully with Having a Desire to
Rond and Defraude the Indians, Cruel usage, Stigmatise a man and Refuse him a Hearing, if this is Justice I confess I have
Never been acquainted with it, why some will say He has had a Hearing, yes it is true there has been a shamefull one, allmost
three Days taken up in Listning to Hearsay Indian take [talk] to Blacken my caracter, But is this a fare and Impartial Examination
to the merrits of the controversey No it has been Intnd. more to Injure me than to obtain Justice / and alltho there is an
appeal from the Decistion of a magority of the Court on that Hearing, yet my opponents, whilst that appeal is Pending before
the Prerogitive Court agreable to the Laws of the Land; have in an arbitrary manner (if I am Informed Right) on the 15th of
this Instant met to agreed as a Devition [division] and on the 22d agreable to an adjurnment completed a Devition of the contended
Premises, amongst the Heirs of Moolis, in Violation of Justice and Laws, Because contended Property is to Rest as it where
until a final Decistion takes place which I hope one Day to obtain alltho I see it is to be by the Hardest and no condisention
of my vollinteer opponents
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