L. Brake et al. vs. Nimrod See et al.
Deposition
Transcribed by Perry Brake
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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