PROBATE COURT: Eliza Rogers; Lewiston, Niagara co., NY surname: Rogers, Bowsfield, Smith, Dickinson, Leonard, Lyon, Deneause, Phillips, Henry, Shackey, Cook, Townsend submitted by Lucille Wattles (shscvi at aol.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: January 23, 2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 13.1 Kb ************************************************ Source: Private Family Papers Written: October 14 1833 To all to whom there presents shall come (missing) Alexander Dickinson, Nathaniel Leonard, and Asahel Lyon of Lewiston in the County of Niagara send Greeting: Whereas there are several accounts depending and diverse controversies and disputes have lately arisen between Charles Rogers and Eliza Rogers, his wife, of Lockport in the County of Niagara of the one part and David M. Smith of Stockbridge in the County of Oneida of the other part, touching and concerning the keeping and maintenance of said Eliza Rogers by said David M. Smith and touching and concerning the property of the said Eliza Rogers and the management of the same and the securities given for the same by the said David M. Smith and whereas for putting an end to the said differences and disputes, these the said Charles Rogers and Eliza his Wife and the said David M. Smith by their several hands and obligations bearing date the 14th day of October 1833 are reciprocally bound each to the other in the penal sum of Five Hundred Dollars to stand to abide perform and keep the award and a final end and determination of us the said Samuel De Neause, Nathaniel Leonard, and Asahel Lyon arbitrators indifferently chosen between the said parties to arbitrate, award, order, Judge and determine of and concerning all and all manner of action and actions, cause and causes of actions, suits, bills, bonds, specialties, covenants, contracts, promises, accounts, reckonings, sums of money, damages, and demands of whosoever name as nature and all other matters at any time heretofore had made, moved, bought, commenced, said prosecutor done suffered accrued as depending by and between the said parties, and particularly as it relates to all matters and things done by the said David M. Smith as Executor of Sarah Bowsfield, deceased, without regard to any former settlement. And that said award be made in writing under our hands and seals as any two of us and ready to be delivered on or before the __missing___, day of October instant. …taking upon us the burden of the said award and having fully examined and duly considered the proofs and all alligations of both the said parties Do, for the settling amity and Friendship between them, make and publish this our award by and between the said parties, in manner following that is to say First We do award and order that all matters of controversy of every name and nature heretofore existing or depending between the said parties in law as equity for any matter or cause whatsoever touching the said premises shall cease and be no further moved as prosecuted. We do further award and order that the said David M. Smith pay the said Charles Rogers and Eliza his wife the sum of fifteen Dollars and seventy one cents on or before the first day of January next, and we do also award and order that the said parties Jointly pay to the Said Aribtarors the amount of their fees immediately on the receipt of this award. And we do further award and order that all Bonds, Mortgages, Receipt Notes and assets of every name or description whatsoever between the said parties be finally canseled and discharged from the beginning of the world to the date hereof. In testimony whereof we have hereunto set our hands and Seals this Twenty Fourth day of October A.D. 1833. The words Samuel DeNeause in the second line from the top is removed and the words Alexander Dickinson included instead thereof N. M. Leonard Alexander Dickinson Asahel Lyon Fees of Arbitration $18.— D. M. Smith’s Account against Eliza Philips now Eliza Rogers Charges from Septr. 17th, 1819 to Sept. 17th, 1820 To extra trouble for attendance in sickness Through a case of bilious fever & afterwards of fever and (asses) $10.00 One quarter tuition during the Summer At a School of Young Misses kept by myself $ 3.00 One year board at one Dollar per week 52.00 Amount for year ending Sept 17th 1820 $65.00 52.00 2nd Charges from Sept 17th 1820 to Sept 17th 1821 July1821 To cash paid at Merchants $ 1.25 Board 52 weeks at $0.75 per week 39.00 Amount for year ending Sept 17th 1821 $41.75 3rd Charges from Sept 17th 1821 to Sept 17th 1822 Feb’y 1822 To School tax or bill .35 “ do ----------do-------------------------- Unreadable “ Shoe bill from June 21st to Dec 24 1822 3.57 40 weeks board at 50 cents per week 20.00 Board as expenses 12 weeks while on a Journey to Connecticut with my family 18.00 Amount for year ending Sept. 17th 1822 $42.92 38.00 $24.92 4th Charges from Sept. 17th 1822 to Sept 17th 1823 April 2nd To Sundries bought of C. Hotchkiss 1.90 1823 “ 1 pr. Shoes of L. Lewis 1.37 % “ Thread .12% 20 Moutusinckey & Silk 1.60 June 15 1 pair shoes 1.25 Sept 17th Board 52 weeks at $1 per week $26 52.00 Amt for year ending Sept 17th 1823 $57.65 26.00 5th Charges from Sept17th 1823 to Sept 17th 1824 31.85 Act To book .19 Dec 8th 5 yrs figured bombasst at 2/6 pr. Yd. 2.19 1 do Shirtense .13 .13 Page 2 Amount brought over $ 2.89 1 lamb .31 1 skein Yarn .16 4-1/2 yds Gingham 1/6 per Yd. .84 1piece tape .09 Sept 17th Board 52 weeks at $1.00 $52.00 Amount for year ending September 17, 1824 56.29 School bills not charged through neglect 26.00 30.24 6th Charges from Sept 17th 1824 to Sept 17th 1825 Feb’y 16 To 1 gown pattern 1.25 1825 Cutting & basting .25 Medicine .25 1 English Grammar .25 May 20 Paid Milliner for bonnets 1.44 5 Yd. Calico at 2/4 1.45 2 balls thread .04 1 thimble .06 1 Leghorn Flat 6.63 1 gown pattern 5 yds. at 2/6 1.59 1 pr. moccasin shoes 1.50 pins, thread & .25 1 hair comb .17 1 bunch quills .25 Board 52 weeks 52.00 Amount for year ending Sept 17th 1825 $67.37 School bills again omitted 26.00 41.37 7th Charges from Sept 17th 1825 to Sept 17th 1826 Nov 15 1825 To 1 pr. Boots $ 2.00 16 “ school bill .90 19 “ Cash paid to Miss Parsons 1.00 21 “ Cloth for Great Coat & trimming & 1 hair comb from Woodruffs store 4.71 30 Making Pelin & additional trimming by Miss Parsons 1.78 Dec 5 Mending Shoes .30 Jan 29 1 pr. Boots 2.00 Feb 3 3 Combs .25 1 Hops .32 1 do .38 20 Flannel for gown & making same 1.75 May 14 School bill 1.30 20 1 pr Stockings .50 5˝ Yds Hair Factory at 2/6 pr. Yd. 1.73 5 Yds. Factory at 19 Cts. .95 25 5˝ Yds. Calico at 2/6 1.70 52 weeks Board 26 52.00 49.61 Page 3 8th Charges from Sept 17th 1826 to Sept 17th 1827 Sept 23? To 1 pr. Boots 2.25 Oct 21 “ School Bill 1.14 Dec 10 “ Mending Shoes .25 1 Hair Comb .25 “ 4 Yds. Flannel 3.00 “ Making Gown by Mrs. Humphrey .50 Feb 7, 1827 1 pr. Boots 1.94 May 15 1 Gingham Gown pattern 1.93 School bill .60 Do Do 1.04 1 Yd Scotch Plaid .80 Feb 1827 1 pr. thick boots 1.75 Same date Hair comb .32 June 1 do do .32 6 Yds blue Calico at 2/ 1.50 2Ľ Yds. Batton cloth at 2/6 .69 Thread .13 1 pr. Calf Skin Shoes 1.50 July 5 1 Gingham bonnet 1.25 Sept 17 52 weeks board $26 52.00 Amount for year ending Sept 17th 1827 70.16 26.00 44.16 9th Charges from Sept 17th 1827 to Sept 17th 1828 Dec 25 To 2 bonnetts (unreadable) Unreadable “ 4 Yds Flannel at 5/ per Yd. 2.50 ” 1-1/3 quarter schooling at Select School 2.75 “ 2 Skeins Silk .13 “ Cutting & basting Gown .25 “ 1 pr. Calf Skin Boots 2.25 March 19 “ 1 hair comb .31 1828 “ 1 pair shoes 1.50 “ 1 Woolen Shawl 22/ 2.75 Aug 23 “ 1 pr. Moccasin Shoes 1.75 “ 1 pr. Cotton hose .63 June 10 “ 1 Gown pattern Calico 6˝ yds. At 2/6 per yd. 2.03 20 “ Cash paid to Milliner 2.50 Aug 25 “ 1 pr. Leather Shoes 1.75 “ 52 weeks Board $26 52.00 Amount for year ending Sept 17th 1828 77.60 26.00 51.60 10th Charges from Sept 17th 1828 to Sept 17th 1829 Dec 15 To 7 Yds Calico at 2/6 2.19 “ 5 Yds do at 2/ 1.25 “ 1 Duck TA?h/ .63 Jan 10 1 pr Boots 2.25 Feb 26 “ Sa__ing boots .50 March 25 “ Cash paid to Miss Parsons Milliner 1.00 April 14 “ 1 Gown pattern 2.25 “ 1 do do 1.89 May 6 “ 1 pr. Boots ($2.88?) inkspot Page 4 Amt Brot over $14.84 May 21 “ 1 Writing book .12˝ “ Colburns Arithmetic .50 “ Ingersols Grammar .62˝ “ Hales History .62˝ “ Jamesons’ Rheteric 1.25 23 “ Cash 2.00 June 15 1 pr Boots 2.00 Aug 1st Two quarters tuition at Lewiston High School at four Dollars per quarter 8.00 Sept 17th Board this year at $1.50 per week $178.00 Amount for year ending 1829 106.21 52.00 54.21 11th Charges from Sept 17th 1829 to Sept 17 1830 Nov 25 To quarter tuition at High School $4.00 “ 1 Green Silk Hood 3.00 “ 1 Gown pattern 1.50 X “ Stage & boat fair to Clinton 4.00 Jan 15 “ Mending boots .38 X 4 Yd Flannel $2, 1 Hair Comb, 21” charged on book} 2 not accounted into the above account} 3/3.25 X To Board at intervels Since Sept 17th 1820 until Jan’y 1831 12 weeks at $1. Per week } 12 12.00 $28.13 15.00 Amount of whole without interest $688.69 $13.13 The following are receits of money for the use of bed of Eliza Philips and which money was expended at the time it was received for articles which were not charged Jan 1824 Rec’d of Solomon Henry $2.00 Mch 3rd Rec’d of D 1.62 5 Rec’d of Paul K. Shackey .50 June 15 Rec’d of do 1.00 Feb’y 12 Rec’d of S. Henry 6.68 1825 $11.80 $534.03 V H.H. $752.67 40.00 $792.67 Beds Page 5 The following is the interest of each charge From the end of each year up to Jan’y 11 1830 Interest on the first years charge Ten Years & Three Months $46.81.6 Interest on the 2nd years charge 9 years and Three Months 27.27.6 Interest on the 3rd years charge 8 years and Three Months 25.03.6 Interest on the 4th years charge 7 years and Three Months 42.26 Interest on the 5th years charge 6 years and Three Months 28.89.5 Interest on the 6th years charge 5 years and Three Months 28.88.3? Interest on the 7th years charge 4 years and Three Months 22.93.5 Interest on the 8th years charge 3 years and Three Months 15.37 Interest on the 9th years charge 2 years and Three Months 12.67.4 Interest on the 10th years charge 1 year and Three Months 9.91.2 Amount of Interest $270.00.7 Amount of Charges 688.69 $958.69.7 Note: The above is the method of Settling this account proposed by Messrs. Cook & Townsend when I gave the Mortgage and review the bond. Deduct Bond from Oct 1st 1828 to 1st May 1829 ---- 5 Mo. Wckg Deduct Nov 15th 1829 to April 15th $ 1830 board 5 Mo --- Wcks V By services duly above paid -- $ ? .00 (? Not readable) $693. Note: The “V” probably means “Verified.” Additional Comments: This is the court settlement document for when Charles and Eliza (Phillips) Rogers sued to get the money that Eliza's mother, Sarah Bowsfield, had willed to her. The last part is an accounting of the expenses David M. Smith claimed to have spent while Eliza was in his custody. I hope the numbers will still be in a straight column.