L. Brake et. al. 1st Sheet Commissioners Office vs. 1st Page Moorefield July 23, 1868 Nimrod See et. al. Depositions of witnesses taken before me, J. W. McDuffey, commissioner in chancery of the Circuit Court of Hardy County in the State of West Virginia at my office in said county pursuant to notice hereto (----------) to be read as evidence on behalf of Lenard Brake and Elisabeth Simon in a suit now pending before the circuit court of Hardy County in the State of West Virginia on the chancery suit thereof. Wherein Lenard Brake and Elizabeth Simon are complainants and Nimrod See, Michael See, George See, Simon See, John Cleaver & Betsy his wife are defendants on this 27th day of July 1868 at the time and place mentioned in said notice Nimrod Thorn as witness on behalf of complainants who being of lawful age and first duly sworn deposes and says. 1st quest. by complainants counsel State whether or not you were acquainted with Michael Brake if so, how long you knew him. 1st ans. Yes sir. I was acquainted with him ever since I knew my self. I am about fifty six years ole and knew him ever since I could remember anything. 2d quest by same State anything and all you know of any advancements in property or money made by Michael Brake to his daughter Magdeline. 2d ans. He sent his black girl after me to come down to his house. He wanted to see me and I went down.
2d page and when I got there, I asked him what he wanted and he told me how he wanted his business to stand apportioned after his death. He said he had paid Nimrod See his portion he thought in full. Then he told me in what way he had paid it. He told me he had paid six hundred dollars for land for Nimrod See and three hundred dollars for joiners work in his house and that and the interest on the money up to that time ought to be his portion. He had paid it a long time ago but he didn't say how long. What he had left at his death he wanted Lenard Brake and his daughter Betty to have. He said he wanted me to tell this after his death if I was living. That's about what he told me Answer except to do seeking to prove in verbal will. 3d quest by same State whether during your acquaintance with Michael Brake you saw him frequently or seldom and whether you were frequently about his mill, or but seldom. 3d ans I was frequently about his mill. I saw im frequently. I lived with him a good many years when I was a boy. 4th quest by same State what was the condition of the mill during the period of your acquaintance with Michael Brake.
3d page whether in good repair for grinding or the reverse. And who during that time had the control of it and received the benefits or profits of said mill. 4th ans When I first knew him it was in tolerable good condition. In the last fifteen or twenty years before he died it was in very bad condition. Mr. Brake him self had the control of it and received the profits as far as I know. 5th quest by same State who during that time attended to and did the grinding of the mill. 5th ans His black boy was the miller for a good many years. I helped the old gentleman attend my self three or four years. 6th quest by same State whether or not Nimrod See got grain at said mill. If so when and the quantity thereof. objection to 6th ans I have known him to get grain from there. He got it during the time I was living there. I couldn't tell the quantity. Cross examination by defendants counsel 1st quest by defts counsel How old was Mr. Brake when he died. 1st ans I do not know sir. 2d quest by same When did he die. 2d ans I think he died in 1861 or 1862 I am not certain.
4th page 3d quest by same In what year and month were you born. 3d ans I was born in the year 1812 June the 28. 4th quest by same When did you first go to live with Michael Brake. 4th ans I couldn't tell. I was small. Some ten or twelve years old. 5th quest by same Were you there when Nimrod See married his daughter. If so when was that. 5th ans I was not there when he married her. I was there when he was courten (?) of her. 6th quest by same Was your conversation with the old gentleman before or after the death of his wife. Where was it. Name the precise place and who was present 6th ans It was before her death. It was in his own house in his and her presence. There was no other person present to my recollection. 7th quest by same Could not Michael Brake read and write. And could you. 7th ans He told me he could not write or read writing. I could read print, and read writing little and could write a little. But not very much. 8th quest by same Are you not in the habit of making your mark to notes given by you
5th page 2d sheet and not signing your name. 8th ans I am. Because I am a poor scribe I'm ashamed to write my name. 9th quest by same Have you ever witnessed a will, deed, agreement, or any written contract. If so, for whom. 9th ans Yes. I have witnessed a contract notes. I can't say for whom. I never witnessed a deed or will. 10th quest by same Where did you live. On whose land. How near to Michael Brake at the time of that conversation. 10th ans I lived on Geo. Pifers lands within about two miles of Mr. Brakes. 11th quest by same When and to whom did you first mention this conversation. Was it before of after the gentlemans death. 11th ans It was before his death about two years. Between two and three as well as I can recollect, that he told me this. I did not tell anyone until after he died. I told it to Lenard Brake. He was the first one I told. It was not very long after the old mans death that I told him. I don't think it was a year. I know it wasn't. 12th quest by same Did you tell him before the war commenced or while it was going on. Or after its close. 12 ans The war had commenced as well as I
6th page recollect. About the commencement. 13th quest by same What land did Michael Brake own at the time of his death. 13th ans Well he owned the land that he lived on. This is a considerable boundary. I don't know how may tracts there is. 14th quest by same What were they worth. 14th ans I do not know sir. 15th quest by same How many Negroes had Michael Brake at the time of this talks with you. And what were they worth. 15th ans He had three as well as I recollect. I don't know what they were worth. 16th quest by same Give their names, sexes and ages and whether there was any increase up to the time of his death, or decrease. 16th ans (-------) was the boys name. He was about fifty at his death as well as I recollect. A girl her name was Nancy. I suppose she was about forth five or fifty as near as I can tell you. There was an other girl. She was not grown at his death. She was probably 12 or 15 years. There is a small boy and I suppose he was born before the old man died. 17th quest by same Do you know or did you hear the old man speak of any debts due to
7th page him as notes held by him. Or money on hand at that time. If so for wat amount and on whom. 17th ans I did not. He didn't tell me that he owed any body or that any body owed him. He said what he had at his death (----) he wanted Betty and Lenard to have 18th quest by same He said nothing at that time what his old wife was to have if she out lived him, did he. 18th ans He did. He said he wanted Lenard and Betty to take care of her. 19th quest by same In repeating his conversation with you, why did you omit that part of it. 19th ans I didn't think of it at first. 20th quest by same What did he say he had given Betty or had (----) for her. 20th ans He didn't tell me that he had give her any thing 21st quest by same Did not Lenard Brake for a number of years live on his Father's land and derive his support therefrom. 21st ans He lived there a good many years. They worked together him and the old gentleman and the black man. I suppose he did get his support there. [They lived together, worked together and divided the crops.] This latter was suggested by Mr. Brake, the part in brackets. McDuffey council 22nd quest by same Were there not a saw mill on
8th page the old main property which Lenard carried on for his own benefit. Sawing large quantities of poplar lumber for bedsteads and cabinets (--------). Also a blacksmith shop and tools which he did the same. And a distillery. And had he any other means that you know of for the raising and education of his family and their support. (------) as (------) derived from these from these services and his Fathers land. If so what other means 22nd ans There was a saw mill there. I never knowed it any body elses but his Fathers saw mill. They hauled logs there together and him and his Father divided the planks. Old man Brake had a blacksmith shop. The old mans black boy was the smith generally. The old gentlem -an got the proceeds from it. I heard the old man say that Lenard and him owned the still together. That they had bought it. I don't know any other means. 23rd How old were you when you quit living with the old man. 23rd ans I couldn't say when I quit living with him. I worked for him more or less for all my life. The first time I (----_ there I lived there some two or three years. More than that I suppose. Then I quit and hired at other places. And then would go back and work for him again and in this way until I was eighteen years old. 24th quest by same Did not Nimrod See help to carry on the mill and (-----), and was it
9th page not then that he got his share of the tall grain. 24th ans Not to my known. If hid did I don't know it. 25th quest by same In what year or years do you know that he got grain from the mill, and did he carry it away on horse back or in a wagon. Do you know that he did not bring grain to the mill to have ground and only take away the flour of the same. Or do you know of his ever taking away grain unground. If so in what quantity and how and how often. 25th ans I couldn't tell the years it was while I was living there. I ground some for him my self. I knowed him to fetch grain there on his own and have it ground too. I don't know that he ever took away and grain unground. He generally to it away on horse back. 26th quest by same Can you now say after the lapse of thirty five or forth years that the grist obtained by him from the old man were not paid for or settled by him. 26th ans I do not know whether they were or not. I don't know. Examination in chief resumed 1st quest by complainants counsel Where did Nimrod See reside after he was married. How far from Michael Brakes. 1st ans He lived on Lost River some twelve or thirteen miles off.
10th page 2nd quest by same State whether or not during the time he was getting grain at Mr. Brakes there were other mills in his neighborhood. Nearer than that of Mr. Brake. 2nd ans Yes sir. There were nearer mills. 3rd quest by same Who furnished the horses and implements and contributed the labor in raising the crops. Which you have said were divided between Lenard and his Father. 3rd ans Lenard and the black boy generally done the work. The old man was not able to work to much. Lenard furnished most of the horses. They furnished the horses together. I don't know which furnished most. I think Lenard furnished the plows and tools generally. 4th quest by same State whether or not the sons of Lenard did any part of such labor. If so, which Objection to 4th ans They did. They helped to farm and made a good many of the tools. Cross examination resumed 1st quest by defts counsel What kind of work did Lenards boys do on the farm forty years ago. 1st ans The wasn't born then I don't think 2nd quest by same Had not Lenard lived on the same farm since his Fathers death and farmed it as had did before. 2nd ans He has lived on it, but I don't know what he farmed.
11th page And further this deponent saith not. Nimrod Thorn (his mark) 1 days attendance 14 miles Travel & return The further taking is adjourned over until (-----) morning to meet in my office on 8 (-----_) am McDuffey counsel July 28, 1868 At the time and place apportioned as aforesaid by said adjournment came Isaac (----) an other witness on behalf of com- plainants being of lawful age and first duly sworn deposes and says. 1st quest by complainants counsel State whether or not you were acquainted with Michael Brake. If so how long and opportunities at knowing him. 1st ans I was acquainted with him. He bought me when I was about 12 years old. I lived with him until he died. I came there before his daughter Magdeline was married. I don't know how old I am. I suppose between forty and fifty years. 2nd quest by same State whether or not you know Nimrod See. If so how long you have known him. And your opportunities of becoming acquainted with him. 2nd ans Yes sir I know him. I have known him between twenty five years. In the first place he came to Mr. Brakes a courting. That was the first I ever knew him when he came there. I worked for Mr. See afterwards at
12th page his home in hay harvest. I went there several times to make hay after he was married and he came backwards and forwards to Mr. Brakes. 3rd quest by same What kind of work did you do whilst you lived with Mr. Michael Brake. And what kind of work did he do during that time. 3rd ans I some times worked on the farm and some times attended the grist mill. And some times attended the saw mill. Very often times the old gentleman was not doing very much of any thing. The most that he did do when I wasn't in the mill, he attended it him self. 4th quest by same State what was the condition or state of repair of the grist mill whilst you attended to it. 4th ans At that time it was in tolerable like repair. 5th quest by same What was its condition in the latter part of Michael Brakes life time. 5th ans It wasn't too good. Just before he died one of the (-----) or top stone busted. 6th quest by same State if you know whether or not Nimrod See got grain, meal or flour from Michael Brake after his marriage. If so how often and the quantity and whether he paid for the same. Exception to 6th ans I know of his getting flour there and meal too but I don't know the quantity. I don't know whether he paid for it or not. I don't know how often he got.
13th page 7th quest by same Who had the control and received the profits of the grist mill of which you have spoken whilst you lived with Michael Brake. 7th ans Well the old gentleman pretty much in that way Cross examination by defendants counsel 1st quest by defts counsel Did not Nimrod See with Lenard Brake and Jacob Simon raise a crop of corn on the old mans land on the shares. And didn't he take his share of that corn home in corn and meal part ground and part unground. 1st ans I don't recollect any thing about. If he did I don't recollect any thing of it. 2nd quest by same Don't you recollect that you helped them by the direction of old Mr. Brake to farm a piece in corn up next Dashers land and that you caught Mary Ann Ratliffs chickens and cut their toes off to prevent their scratching up the corn. 2nd ans I can't recollect to save my life. I don't recollect of ever seeing a chicken in that field in my life. 3rd quest by same Did not Nimrod See often make shoes for old man Brake and his family. 3rd ans If he did it is more than I know of. He never made any for me. I don't know if he made any for the balance of the family or not. 4th quest by same Did not Nimrod see himself and his sons and his black girl often do work on the farm for Michael Brake, cutting corns, helping in harvest, making hay, planting corn, hauling manure, threshing and making fence.
14th page 4th ans There was one of his sons that lived there that he partly raised. It is very likely that he helped to do these things. I recollect of his black girl being there, but I don't recollect of he helping to make fence or any thing of the kind. I don't recollect of he doing any kind of work. Mr. See would come over some times and do notions that way. All the boys when they came over would stay there a while and do little notions. I don't know that Lenard ever did do much. 5th quest by same Don't you know that Nimrod See often furnished to old man with beef. As much as a half a beef at a time some times. And can you say that what little flour and meal See got was not in return for said beef. 5th ans I don't recollect. He might often fetched it there without my knowing it. 6th quest by same Don't you recollect Mr. See helping old Mr. Brake and you up the mountain through a deep snow with half of a beef killed at his house and that you and Mr. Brake were taking home. 6th ans No sir I don't recollect any thing about it. 7th quest by same Don't you recollect that Lenard Brake lived on the old mans land and got his support from it ever since you lived there. 7th ans Yes sir I recollect of his living on the land. Of course he got his support from the land he tended. 8th quest by same Had he any other means of making a
15th page living except from the old mans land, grist mill, saw mill, blacksmith shop and still during all the times you lived there. If he had tell us fully and plainly what they were. 8th ans Well sire he never made his living off of the mill. Neither did he off the blacksmith shop. And as for the still he bought the still and paid for it. They got the still up and stilled the apples together and divided the liquor. And after Michael Brake got married, young Michael Brake and his Grand pap took (--------) of the orchard and had the liquor between them. Then Lenard Brake was throwed out in the (-----) (----) in the fields to get apples and took in apples from other people. For the balance he got off the land of course for his support. The saw mill was kept up pretty much between him and the old man. He had not other means in particular as I know of. 9th quest by same How do you know that he paid for the still. Is it not because Lenard told you so. 9th ans If I am mistaken I was there when Mr. Bishop sent his son there for the money. 10th quest by same Has not Lenard lived at the same place and farmed the same land since his Fathers death as he did before. 10th ans Yes sir he lives at that same place that he did. Some of the fields he farms now that he did then and some he farms that he didn't at that time. 11th quest by same Was not old Mr. Brake (-----), thrifty, saving industrious man and had he not a small and not expensive family.
16th page 11th ans He was a smart industrious man. I didn't consider his family small. He raised one of Mr. Sees girls. She lived there until she was nearly old enough to marry. His family was not expensive. He bought more for children out that way than he did for his family. 12th quest by same Were not the services of Mr Sees daughter worth more than her support. 12th ans Well I don't know. His granny pretty well dressed her. She thought a great deal of the girl. She just done house work and some times in the garden and sewed some. She didn't make a practice of milking. 13th quest by same Did you ever hear Lenard say how old his Father was when he died. Or did you hear the old man say how old he was shortly before his death. 13th ans No sire I never did. 14th quest by same Did you ever hear the old man say either to Lenard or any one else at any time that he had done more for Lenard than for both of his other children together. And complain that he had not treated him right in their business matters. And was (----_ and inattentive in not doing for him and his Mother in their old days. 14th ans No sir I never heard him say that word I never did. I never heard him complain that way. I never heard him say myself that Lenard had not given them proper attention. 15th quest by same
17th page Was there not a good deal of tall grain on hand at the old mans death. And was it not used by Lenard. If not what became of it. 15th ans I think there was about two or three bushels of corn. I don't think thee was any wheat. There was no buckwheat there at the time. I don't recollect of any rye being there at all. They didn't get much rye at that time. 16th quest by same Where have you lived since the old mans death and where are you now living. 16th ans I lived with Mr. Stump about seven months. Mr. Jim (Tim?) Stump. I lived then with Mr. Mike Brake on Parsons place well on to two years. I lived at Mr. (------) Mang------ about a year. I lived at the (---------) (-------) now when I am at home about a year. 17th quest by same When did the old man die. 17th ans I don't know my self. 18th quest by same The old man has been dead about seven years and a half and you have accounted for about four and a half yeas of that time since his death. What were your doing, or where were you living, or don't you know. And if you can't recollect any better for the last seven years, how can you pretend to recollect what happened for the last forty years of matters you had no personal interest. 18th ans I forgot part of my time. I was not hired out for a year after he was dead I think. Then after my time was up I came home and I don't recollect how long it was before I cam to Mr. Brakes
18th page 19th quest by same How often has Lenard talked to you or you to Lenard about your evidence. And what did he say about it last Sunday and yesterday. 19th ans There wasn't any thing said about it last Sunday but he told me yesterday he wanted me to state what I know and no more. There was never any thing passed between us except that at any time. Examination in chief resumed 1st quest by plffs (plaintiffs?) counsel State if you know whether or not Betty the daughter of Nimrod See received out fits towards house keeping when married. If so of what did they consist, and who furnished the same. Objected to because of its going into an examination in chief after the same being (------------) and the witness handed over for cross examination & it concluded. 1st ans I can't tell you so much about that . She didn't get married at home. 2nd quest by same State whether or not any part of the time from the death of Michael Brake up to the present in which you have been called upon to account for your whereabouts was spent over at Nimrod Sees on Lost River. If so what part of your time and what were you doing there. Objected to 2nd ans I was over there at the beginning of the war, but I don't know whether it was before the old mans death or afterwards. I can't recollect. I don't just recollect how loing I was there. I was working in the shop when I was there working on a plane. And further this deponent saith not. Isaac (-----) (his mark) Attendance 2 days & 14 miles travel & return
19th page The complainants decline to proceed farther with the examination on their part in consequence of the absence of Isaac (-) Miller, he having been duly summoned and they desiring to examine him prior to the exam- ination of George S. Brake, Absolem (D---) and George B. Simon, they being present. And defendant insists on going on with the examination now of those witnesses but they refuse to do so. And the defendants give notice that they will object to the examination of these three witnesses at any future time. They the defendants having come here at considerable inconvenience. The further taking on the part of complainants (at their insistence) is adjourned until the 5th day of August to meet at my office at nine o'clock a.m. McDuffey counsel G. B. Simon claims & certificate given 2 days attendance & 17 miles travel and return the same. The defendants protest against the witnesses who are here and not examined have their costs taxed as to the defendants. McDuffey counsel Absolem (D---_ 2 days & 18 miles traveled and return the same. August 5, 1868 Met pursuant to adjournment at the time & place mentioned in the aforesaid adjournment there came Daniel A. Sites an other witness on behalf of complainants being of lawfull age and first being duly sworn deposes and says 1st quest by same State your age and place of residence. 1st ans I am thirty one years old. I reside on the South Fork in the same house
20th page 6th sheet that old Mr. Brake used to occupy. 2nd quest by same State whether or not you were acquainted with Michael Brake. If so how long you knew him and your opportunities of becoming acquainted with him. 2nd ans I was acquainted with him. I knew him about fifteen years before his death. My first opportunity of becoming acquainted with him was at different times that he used to visit my Fathers house. I went to his mill frequent- ly. I also frequently went to his house when my Father sent me there at diff- erent times. My Father resided about four miles from Mr. Brakes. 3rd quest by same State if you know know who the control of and attended to the mill of Michael Brake in his life time and received the benefits or profits arising therefrom. 3rd ans I am not able to tell you exactly who had the control of the mill, but all ways when I went to this mill, either the old man Brake or his black boy or Michael Brake the son of Lenard who at that time was a living with the old man Brake all ways doing my grinding and every body else that was at mill at the same time that I was. As to the proceeds, who got that, I am not able to tell. 4th quest by same Who has had the control
21st page and done the grinding at said mill since the death of Michael Brake. 4th ans So far as I know Lenard Brake had the control with some exceptions. When my self would come over and a while do my own grinding. At other times I knew the Mr. See to come to the mill and do their own grinding a very few times particularly Mister See and I think he ground a few grists for other people. I also heard Nimrod See laugh and say that on one occas- ion he ground hi own grist and rather spoiled it. 5th quest by same State if you know whether Nimrod See or any of his children got fruit from the lands of Michael Brake after his death. If so which of them and the quantity. 5th ans I knew Michael See and George See at one time to get some grist off of the lands since the death of old Mr. Brake but how much I can't exactly tell. 6th quest by same State ifyou know what has been the condiction of the fencing on Michael Brakes land since his death. Objected to. 6th ans There was a good deal of fencing burned in the time of the war on his lands by the soldiers. Also some washed off by high waters. 7th quest by same State who repaired or replaced
22nd page the fencing thus destroyed by the soldiers or washed out by the waters. 7th ans Lenard Brake built and replaced the fencing that was burned around the fields that he holds in possession. And I my self for Mrs. Simons made a good many new rails and rebuilt the fencing that she holds in possession. I also rebuilt a good deal of fencing that was taken away by high water. 8th quest by same State what was the condition of the grist mill after Mr. Brakes death. 8th ans It wasn't a very good one tho it done right smart of grinding the first years after his death. It has been rather on a decline ever since. At one time there was a portion of the (--------) fell down. I suppose fifty or sixty feet of it. It may be more. It would get out of repair at different times in side. 9th quest by same State whether or not said mill was repaired. If so, who did the repairing. 9th ans It was repaired in a measure by Lenard Brake. Some times my self would help him for Mrs. Simons, but Lenard all ways done the most. Cross examination by defendants counsel 1st quest by defts counsel Were not the repairs of which you have spoken made to secure the immediate use and benefit of the property in possession of Lenard Brake
23rd page and your Mother-in-law Mrs. Simon parties to this suit. 1st ans I suppose the repairing that Mr. Brake done were for his own benefit and use. As for what I helped by the consent of Mrs. Simon were just because I some times ground once and a while ground a grist for our selves. Mrs. Simons and my self such as a grist of corn or rye for horse feed. Mr. Brake held the occupation of the lands he fenced since it was done. So did I my self b the consent of Mrs. Simon hold possession of what I enclosed. A portion of what I enclosed was principally in the commons since the death of Michael Brake so far as I know until the spring of 1869 when I enclosed it and had the use of it ever since. Mr. Brake also enclosed one field that was entirely in the commons about two or three years ago, I (---) positive, and held the use of it since. 2nd quest by same Have you ever seen shown any changes for arrangements to any of his children made by Michael Brake as of his instance in his life time. If so by whom, in whose
24th page hand writing, what amounts and the items thereof. Whether in a book or upon loose scraps of paper. What the date date thereof, and what the appearance of the book or paper and writing, whether new and recent, or old. 2nd ans I haven't to my recollection. 3rd quest by same Upon whose land has Lenard Brake lived ever since you knew him. How long has that been, what chance did his Father give him to get along in life. And what other means of support and making money had he, and did he employ, discuss (--------) with, and distinct, from those furnished by his Father. 3rd ans He lived on his Fathers lands. I am not exactly able to tell the time. Fifteen years I suppose. I can't tell what chance his Father gave him. I can't know what other means he had. 4th quest by same What is the value of the lands of which Michael Brake (-----) (------) including in the estimate the water power for mills or other machinery. 4th ans I wouldn't be able to tell that, sir. the lands and only a common quality tho the water powers are very good and would be worth something in the hands of a capitalist. 5th quest by same Did you ever hear Michael Brake
25th page say any thing about what he had done for Lenard. 5th ans No sir, I did not. 1 days attendance Daniel A. Sites 14 miles travel & return same. Then came Isaac C. Miller an other witness of lawful age and being first duly sworn deposes and says. 1st quest by complainants counsel State your age and place of residence. 1st ans I am over sixty four years of age and live on Lost River. 2nd quest by same State whether or not you are acquainted with Nimrod See. If so how long and your opportunities of becoming acquainted with him. 2nd ans Yes sir. I am. Have been ever since we were school boys or ever since I was ten years old I have been ac- quainted with him. My first qcau- aintance was in going to school. I frequently see him in passing to mill and at his Fathers. Never had much business to transact with him. I collected some taxes of him when I was sheriff. 3rd quest by same State what have been the pecuniary (?) circumstances since you have known him. 3rd ans I know for many years after he was married he owned but little property
26th page He has been in but moderate circumsta- nces. For the last few years he has had some five or six head of horses and as many cows, and a good many hogs and sheep. I see them as I am passing frequently. 4th quest by same State whether or not you were acquainted with Michael Brake. If so, how long. 4th ans I was, since 1827 I believe. I saw him frequently at Mr. Sees. 5th quest by same State if you know whether Michael Brake in his life time made arrangements or not to his daughter the wife of Nimrod See in money or property. If so state the nature thereof. Objection to 5th ans To my own knowledge I can't say that I saw any thing of the kind transacted. 6th quest by same State if you know who did the joiners or carpenters work in building the house, or the new part of the house in which Nimrod See lives. 6th ans Mr. Procter (?) done the joiners work. The new part of the building. I passed there when he was at work at it. I don't know the year. Cross examined by defts counsel 1st question by defts counsel Did not Nimrod Sees Father at the
27th page time of his death own lands slaves and other property: was he not well to do in the world. And did he not will his land to his two sons, Nimrod and Jacob and did not Nimrod also have an interest in the slaves and the proceeds of the other property. 1st ans He divided his lands among all his sones. He staked it off in his life time. But whether it was conveyed (?) or not, I do not know. And they were to pay Margret I thing seven hundred dollars. There was seven sons. The old man owned a farm and had considerable tracts and was tolerable well to do. I think Nimrod hired a little black girl some way. 2nd quest by same Was the house that Procter worked at of which you speak built before the old man died or after wards. 2nd ans I am not able to say. 3rd quest by same Was it not a log house and were not the logs obtained from their own land. 3rd ans It was a log house. I don't' know wehre the logs came from. 4th quest by same Did you know a man named William Rader (?). If so what business did he follow. 4th ans I didn't know him to me recollection. I have no recollection of such a man that worked on that house or at any other time. 5th quest by same
28th page 8th sheet During your acquaintance with Nimrod See was he not all ways in the habit of meeting his engage- ments and paying his debts without being sued or having his property sold under execution (?). 5th ans As far as I know he was. I don't know that he ever was sued or that he ever had property sold under execution. (?) 1 days attendance I C. Miller 21 miles travel & return same. The further taking is adjourned until to morrow morning to meet at my office at 8 o'clock a.m. McDuffey counsel August 6, 1868 At the time and place appointed as aforesaid by the last adjournment came George S. Brake an other witness on the part of complainants being of lawful age and first duly sworn deposes and says. 1st quest by complainants counsel State whether or not you are acquainted with Nimrod See. If so how long you have known him. 1st ans I am acquainted with him. I have been acquainted with him ever since I could recollect any thing pretty much. Some twenty five years at least. 2nd quest by same State whether or not you were
29th page acquainted with Michael Brake if so how long you knew him. 2nd ans Yes sir, I am acquainted with him. He was my Grand Father and I knew him ever since I know any body and I am now forty two years old. 3rd quest by same State if you know whether or not Michael Brake in his life time made arrangements in property or money to his daughter Magdeline who married Nimrod See. If so state the nature and amount thereof. 3rd ans I have heard him say that he bought the place that Nimrod See resides on. I don't recollect as I ever heard him say what was paid for it. 4th quest by same State whether or not Nimrod See has made any admissions in your presence in regard to the purchase of the Jacob See land and paying for the same or in regard to the building of his house and paying for the same. If so, say when and where it was, who were present at the time and state all he said. 4th ans I was at Nimrod Sees house in March 1862. We got to talking about the estate of my Grand Fathers and he said that my Father, Lenard Brake had been throwing up to him about building of his house and the land and he told me that Grand Father had paid for the land and the building of the house. But that he had
30th page paid him back the money for the building of the house but that he never had paid him any thing back which he had paid on the land for he had bought it for his daughter, that is Nimrod's wife. And he intended for his children to have it. I don't recollect that any one was present. There may have been some of the family present there. I don't recollect. Exception to 5th quest by same State if you know what was the extent of your Grand Father Brake's education. 5th ans He hadn't no learning. He could neither write or read, or read writing. Cross examination by defts counsel 1st quest by defts counsel Under what contract and upon what terms did you Father live on the lands of Michael Brake ever since you can recollect. 1st ans Well I don't know as there ever was any contract between Grand Father and my Father. We used to all farm to gether. Worked to gether, and divided the grain after it was raised. If there was any work done on the place we generally worked to gether. Such as making fence and the like. 2nd quest by same What was the size of your Father's famile while his children were all with him, and were they not all raised, supported, and edu- cated when he was living on his Fathers land and what was the size of the old mans family at the same time and were any of them educated within your memory. 2nd ans He raised five children. There was eight - three of them died when not over a year old.
31st page We were all raised there and educated, what little education we had. There was neither one of us went to school over eighteen months put it all to gether. There was seven in my Father's family including my Father & Mother. There was six in my Grand Father's family. There was one of them educated or went tot school any way. There was three blacks, and was a daughter of Nimrod See that Grand Father raised, and Grand Father and Grand Mother. 3rd quest by same Did not your Father in addition to the support and education of his family whilst living on his Father's land and in addition to the out fit he give his children when they were married (-----) money to purchase lands near ----? 3rd ans He bought some land. I think he paid about two hundred dollars for the interest he bought as well as I recollect. He didn't do a great deal for me. I didn't get over seventy five dollars. The others, the girls got a house a piece and about two beds and some other property, house property. My brother got nary (?) house. I think he got a bed or two. Two of my sisters got a cow a piece. None of us got more than my cousin got from Grand Mother or Grand Father that they raised. The defendant excepted to so much of this answer as refers to what his cousin got as not being responsive to the question or connective with the case and only indicating the feeling of the witness on behalf of his Father. 4th quest by same Did you never hear your Grand
32nd page Father say the ha had given our Father a better chance and done a great deal more for him than he ever did for your Aunt Bett. And don't you know that that was the case. 4th ans I never did to my recollection her him make that remark. My Father lived there on the place, but other ways he done no more for him that for the rest. For if any of them went to him for any thing and he had it, they got it. 5th quest by same Don't you know that your Grand Father couldn't have paid for the place when Nimrod See lived but for only part of it as he holds part of it under the will of his Father, not having been bought or (----). 5th ans I don't know any thing about the will. 6th quest by same Do you know any thing or have you heard from your Father or Grand Father or Elizabeth Simon or Nimrod See about Nimrods furnishing a house to Jacob in part paym- ent for said land. 6th ans I did not. 7th quest by same Were not you Grand Father and Grand Mother managing, industrious, saving people, and was not the old man a good hand to care for his business and money matters. 7th ans They were saving. And the old man was a good hand to take care of his money matters. But it was always pretty much as the old woman said.
32nd page (sic) 1st quest by complainants counsel. [apparently in redirect examination.] State in what manner your Grand Father manifested his care of money matters. And whether or not he kept accounts of his dealings with persons. 1st ans The old lady always had the care of his money and when there was any money paid out, she always done it. He never kept any accounts with any body. He kept no book. Objection - the question and answer to so far as the re-examination of the witness in chief and further this deponent saith not. Attendance 4 days George S. Brake Travel 12 miles & return same. The further taking is adjourned until the 11th day of August 1868 to meet at my office between the hours of sun rise and sun set. McDuffey counsel State of West Virginia Hardy County to wit. J. McDuffey commissioner of the circuit court of Hardy County certify the foregoing depositions of Nimrod Thorn, George S. Brake & others. Witnesses were duly taken by me at the time & place mentioned in the notice and thereafter at the time and place specified in the said adjournments. Given under my hand this 10th day of September 1868. McDuffey counsel
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