JOEL COYKENDALL ESTATE, ONTARIO, NEW YORK Copyright (c) 2000 by Rhonda Brown (RJBrown1973@yahoo.com ). ************************************************************************ USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submittor has given permission to the USGenWeb Archives to store the file permanently for free access. ************************************************************************ Surrogates Court Estate of Joel Coykendall Proceeding for Judicial Settlement 1. Joshua Swan called for contestant and sworn. Reside at Canadice know decedent in his lifetime and know Levi the administrator. Was present at interview between Joel and Levi in reference to getting some money of Joel for son of Levi. Have no means of knowing definitely when it was, but I think it was about 3 years ago – two or three years ago. It was at house of Joel Coykendall. I was helping fix a shed and Levi came there and said he wanted me to go in and witness old gentleman's mark. Levi said he wanted to get money for his son, said he wanted $100. Levi and I both went into house. The old gentleman was there. Levi said Fayette wanted to borrow $100 of his grandfather and would pay interest on it and that he, Joel, was not getting any interest at the bank. Fayette was the son of Levi. Joel said he would let him have it. He did not say what bank money was 2. in – at least I don't recollect it. Levi produced a blank check already filled up I think. It was stated there that check was for $100. I can't tell all that was said. Know Joel said he might just as well have it and have it draw interest as to lay there and not draw interest. Levi laid the check on the table. I wrote Joel's name. He made his mark and I witnessed it. I don't know that check was made out to Joel at time. I read the check to myself and I knew it was for $100. I showed Joel where to make the mark. He could see but he could not write, never could to my knowledge. Don't know what his age was then. Levi said that Fayette, his son, would give his grandfather his note for the $100. He told Joel so. After check was signed, Levi took it. My impression is that check was on Bank of Livonia – can't say for certain. There are two banks there. Cross examination by Mr. Armstrong: Can't say whether this was in 3. 1885, or before that time. It was in May or June – about that time of year – can't say definitely. Paper shown to witness. Think that is the paper I witnessed. My handwriting is on the back. That is the paper. It is the only paper of that character I ever so witnessed. Paper offered into evidence marked "Ex. 1 June 28, 1887" It is understood that copy of this paper will be made and used in place of this exhibit, the paper itself being the property of the bank. At this time Joel was able to be about the town and to go out, but I think he did not go about the farm much. At time this occurred I thought Joel understood the action. Redirect: James R. Hoppough was working the farm that year. Joel's farm. He continued to occupy it up to Joel's death. This paper in evidence is the paper which I called a check and it was signed as I have stated. It was delivered again to Levi. He had it in his possession – took it out of his pocket when I went in there. 4. Asa Hartson called by contestant – sworn. Reside at Canadice. Know Joel in his lifetime. He was my father-in-law. He died on 15th of October 1885. I knew about a matter of depositing money in bank. It was about 3 years ago. Levi said Joel had some money in house and had no use for it and that he, Levi, thought it ought to be put in bank. Asked me to help to effect this. Levi said he would put it in bank and leave it there as long as Joel lived. Said Joel did not wish to put it in bank and asked me to see old gentleman and get his consent to let Levi put the money in bank. I saw Joel. He was at my house Thanksgiving day. I mentioned the matter to Joel. Levi was not there. Question: What was said between you and Joel there in regard to depositing this money in bank? I asked him if his money was 5. in house. He said it was about $200. I asked him why he did not put it in bank where it would be safe. He said he didn't know but he would. The next time I mentioned the matter to Levi was on 2nd of January at town house where we were paying taxes – this was 3 years ago last winter, I think. Levi asked me if I had seen his father about money matters. I told him I had. Told him I thought I could help him get the money to deposit it. Levi wished me to go around by old gentleman's. I was there on foot, Levi was with cutter. I rode with him. We went to Joel's house. There was another $100 due, Levi said, which made $300. We talked with Joel. While we were there, Hoppough paid him $100 which he said was for a horse. The money was all counted there. There was $295. Levi said there was $50 in his hands, which Evelyn Hough had paid him (Levi) and which was Joel's money 6. and Levi asked if he should not take $5.00 of that money and make an even $300 of the $295. Joel said yes. Levi agreed that he would take the $300 to bank and deposit it in his father's name. The old gentleman was a little undecided. I asked Levi if he would take the money and deposit it in his father's name and Levi said he would. Levi took the $295. I did not see him take out the $5 and put with it. I think Levi went away before I did. Subsequently the old gentleman communicated to me the fact that Levi had not returned a paper. I afterwards saw Levi – It was six or seven weeks after the interview at his father's. I saw Levi in road on Sunday, and asked why he did not deposit that money and bring back a certificate to his father as he agreed to. Levi said he deposited the money the 8th day after getting it and that he deposited it in his own name. He said he would go the next morning and have it altered – put in his father's name. That is all he said there. 7. Next morning I went to ____ city on road to Livonia, Levi drive into hotel barn directly after me. He opened his wallet and showed me a certificate dated January 8th showing deposit in his father's name. Can't say that "Ex. 1" is the certificate. I did not see him deliver it to his father. Levi said he had, and his father said it had been delivered. In the season the old gentleman died he was active for a man of his age – but pretty feeble. He was 88 years old nearly. Some days he would be out to barn and – Other days he would remain in bed. There was an occasion when a deed for a cemetery lot was looked for. It was about the 1st of August 1885. Joel had a trunk where he kept his papers; an old fashioned trunk 1 foot wide and 2 feet long with oval lid and trunk lock. Joel opened this trunk and took out his papers and I looked through them for this deed. Papers were old deeds and deed for cemetery lot not found. Two papers were found hid together. Joel said they were his bank paper and Fayette's note. each of these papers was about the 8. size of the certificate which is in evidence. Afterwards I had an interview with Levi. I think it was later than middle of August near __________. I was in Seward's Blacksmith's shop – near fathers place, and Levi came in. We came out of shop and went toward post office and on way I asked him if knew anything about that deed to burying ground lot. Think he said he didn't. I told Levi that his father and I had tried to find it and could not. Told him I had agreed to write ____ marble stone – size of lot. I told Levi that Joel wished to know of me what it would cost and that I told him what mine cost and that Joel said he didn't know that he had money enough. We were speaking of a fence about cemetery lot which it had been prepared to have _______ build. I said to Levi that I had told his father there was $50 which Evelyn Hough had paid to Levi. And I said to Levi that his father had said there is that note of Fayette's which he had never paid, no interest and none of it. Levi said that Fayette is good 9. for it and will pay every cent of it. Levi there made the remark that Joel had given Fayette a gun for shaving him, and said what does he want of a gun. Think this occurred close to ___________. Might have been in __________. It was in hot-picking time. Joel had made these statements to me which I told Levi he had made. I was not present when inventory was taken. Right to cross examine Hartson waived at present, but reserved. Administrators concedes that Levi drew the $100 on the certificate and delivered the money to his father and that his father let Fayette have the money and took Fayette's note for it. That note is dated May 19, 1884 and has interest from a date and was due six months after date. Evelyn Hough called by contestant. Witness declines to be sworn unless his fees are paid and states he has not been subpoenaed. 10. Phila Hoppough called by contestant and sworn. Reside at Canadice. Am wife of John Hoppough. Knew Joel Coykendall in his lifetime. My husband worked Joel's farm two years before Joel's death, and I lived there with him. I was there when Joel died. During the last year of Joel's life family was comprised of Joel and my husband and myself and our three children. Have seen this little trunk spoken of by farms workers. It was usually kept under Joel's lounge where he used to sit down. He had a room separate from the rest of family which he occupied. This lounge was in that room. Some of his children were there when Joel died. Levi and wife were there and Leah Hoppough his daughter. Joel was sick four or five days before he died. Prior to that, for a month or two, he had been quite feeble, so that he lay down some of the time and sat up some. After Joel's death Leah stayed there awhile. Levi lived as much 11. as three miles away. After Joel's death there was an occasion when Levi was there inquiring for key to this trunk. This was not great while after Joel's death. Levi on this occasion asked for key and I told him there were some in bureau drawer. He took those and I suppose he tried them. He said that he had and that some of them would fit. He spoke of something to get the lock off and I or my daughter got him a screwdriver and gave it to him. Think I gave it to him in room where trunk was. Did not see Levi take lock off. I went out of room and left him in there. Don't know how long Levi stayed there after that – He went home nights. Cross examination by Mr. Armstrong: At time Levi came I had heard that he had been appointed administrator – Think it was October that Levi came. Think Mrs. Winfield was there at sometime. I remember the time property was appraised. Mrs. Winfield was there and continued to stay there until after the sale. Harvey Coykendall 12. had not gone back to Michigan at time of appraisal. But I can't say he was at home when it was made. H. Burch called for contestants and sworn. Reside at Canadice. Was one of the appraisers of Joel Coykendall's estate. At time of appraisal I saw the trunk, I think, which has been spoken of – would not be certain. Levi – the administrator was present at time inventory was made. Think at that time he said there was nothing in trunk but some old deeds – nothing for me to appraise. It was not opened in my presence I think. Contestant rests. Motion made to discuss objections that Administrators is found as much to account for debt due from him to estate of decedent as for other accounts of decedent which came into his hands and that sufficient appears by evidence are found of contestants to put it down in this case to necessity of accounting for the $45 balance of funds paid him by Hough and that sufficient 13. also appears respecting the existence of Fayette note to call for extra motion from Administrators. Fayette Coykendall called for Administrators and sworn. Reside in Canadice. Am the son of Levi Coykendall the administrator and grandson to Joel Coykendall, deceased. Witness produce a note for $100. I gave this note at time it is dated. I received a $100 at time I gave it 19th May 1884. Question: When did you get the note? Objection to as misconducted under Section 829. Claiming that this witness is directly indebted in result of this proceeding and therefore incompetent to testify to transaction called for which is a_____ to have been with decedent. Overruled. Answer: June 7th 1885. I have had it in my possession ever since. Question: From where did you get it? Objection. Overruled. Answer: I got it from my grandfather. He said I will give you that note 14. as pay for shaving me. At time he gave me the note I tore my name off and put the note in my pocket. I know from when he got the note. He took it out of his pocketbook and gave it to me. He said I give you this for shaving me. I told him that I would shave him as long as he lived. Question: For how long time had you been shaving him? Objection. Overruled. Answer: I had shaved him regularly since January 1883, and 4 or 5 times before that. Question: Had you ever received anything for it prior to time he gave you this note? Objection. Overruled. Answer: Not a thing. I lived about three miles from grandfather's at the time and had to go there for the purpose but once a week. Usually Sundays. He never gave me a gun for shaving him. Cross Examination: I did not shave him every week. Missed one or two weeks. I swear that I did not miss more than three or four times of shaving him every week. 15. I went there on purpose to shave him. Other persons could have cheated him if he had let them. I never paid grandfather any money on this note. Never paid any portion of the $100 nor any of the interest. The usual price of shaving at a barber is 10 cents. I am acquainted with Mrs. Hoppough, John'' wife. Shortly before old man died I did not say to her that I did not now what I should charge for shaving him. I did not say to her that I supposed I should charge 10 cents for shaving and a little something for going over there. There was no time after July 1883 that his beard grew long so that it could be cut with scissors. None to my knowledge. It never went over seven days except the four times, with those exceptions I shave him once a week. Would usually go to see him by way of friendship once a month or so. Did not intend at first to charge grandfather for shaving him. Concluded to charge when I found I had to make a business of it. I have not got the gun which grand- 16. father owned. Never had any interest in it. I live with father and have been married 18 years – we live Northwest from Canadice, Conesus. During 1885 he always sat up while I shaved him. I did not get the gun from grandfathers. The gun came to our place June 9th 1885. Father and I went up to grandfather's together that day. When we came back the gun was in the buggy. The gun has been at father's ever since. I suppose it is the gun – something wrapped up then. I have never had my hand on it. I have two children aged 9 and 15. Sometimes one of them – the boy went along with me when I went to shave grandfather. Grandfather never gave either of my children a cent to my knowledge. I had shaved grandfather on day this transaction with note occurred. Had shaved him when it occurred. It was on Tuesday. I had got through shaving him and had gone out to the kitchen to get a drink. He had said nothing about note before I went out. Father was in and out of room while I was shaving him. Can' say he was in 17. room with grandfather when I went out for a drink. Father rode up there that day simply to see his father. Father and I are in partnership business and was there and long before. Farming business only. Father followed me in and was present when grandfather gave me the note. – Nobody but we three were there. I suppose father came in from woodhouse – came from that way. When I went back in, grandfather sat in chair taking out papers from his pocketbook. Don't know what other papers were. They were small and folded so as to go into pocketbook. Only two or three that I could see. All he said was "Hear – I give you that for shaving me." When I went out of room he had just got out of chair. I had got all through shaving – changing his shirt. I had just sat down nearly across from him when he handed me the note. I did not get up and go at once. Visited – lit his pipe and He smoked and I visited with him few minutes. After 15 or 20 minutes father went out and got the horse. This was on the same day that 18. The gun went over. I fix the date because I set it down in a book I have here. At time of this transaction, John Hoppough was about the house. Mrs. Hoppough was not there – she had gone to church. I said nothing to John about it. Never did until today. Spoke to father's wife and children about it, but no one else until after grandfather died. Made no suggestion to grandfather to call some outside party or witness. Grandfather could never read or write. At least, I never saw him. Adjournment to June 30th at 9 O'clock. June 30, 1887. Parties appear as before. Fayette Coykendall recalled for further cross examination by contestant. We had got into the wagon that day before the gun was mentioned. Grandfather came to the door near which I got into the buggy. I had remained in the room with grandfather while father came out drove up buggy. When he drove up nothing was said about the gun, by father or anyone, that I know of. I can't say who got the gun. It was in wagon when I 19. got in. Do not remember that father said a word about the gun. It was in the wagon when I got in. Father drove up in lane that runs from road to house which faces the lane. There is stoop along there. Door opens out from grandfather's room out to this stoop. There was not a time when grandfather handed me two dollars to buy razor and strap in presence of John Hoppough. Grandfather did give me 75 cents for that purpose. Can't say whether Hoppough was present or not. Can't say when it was – Think about the 2nd year I commenced shaving him, sometime in 1884 – Can't say what month. I bought a razor with the money grandfather gave me by putting own with it. Question: How much did you put with it? Objection. Overruled. Answer: I gave twelve shillings for the razor and fifty cents for shot. I kept those. Objection. Overruled. Redirect. I told grandfather that it was impossible to shave him with his razor and that if he would buy part, I would buy part 20. and have razor when he was done. Question: Was this note which you have produced, in your grandfather's possession in month of August 1885 or at any time after June 9th 1885? Objection. overruled. Answer: It never was. Lewis Hoppough called by administrators and sworn. Am grandson of Joel and worked his farm at one time. Left it about 14th of April 1884. Question: During year 1883, do you know who shaved your grandfather? Objection. Overruled. Answer: I do. It was Fayette Coykendall. Question: Did you ever hear grandfather say anything about paying Fayette for shaving? Objection. Overruled. Answer: I have heard grandfather ask Fayette what he charged – what he was going to charge. I have heard grandfather say he was going to pay him. Have heard him say that quite 21. a number of times. Know about this gun. Question: Describe it. Objection. Overruled. Answer: It is an old rifle with flint lock. Took good while to get it off. Question: Do you know its value? Objection. Overruled. Answer: Think $? or $150, only valuable as a keepsake. Been in family as long as I can remember. Cross examination by Mr. Eordus. It is not long barreled – About length of C____ gun, think barrel 2 ½ or 3 feet long. Have not seen gun since spring of 1884. Was back there once in a while after I moved away. Moved about 3 ½ miles away. I never shaved grandfather. It was sometime in 1883 or 1884 I heard grandfather speak about what Fayette would charge him. Heard him speak of it a number of times. Heard him ask Fayette several times what he was going to charge. In such conversations, grandfather would ask "What are you going to charge me for shaving?" Think those were the very words. Don't 22. remember that Fayette said anything grandfather said "I calculate to pay you." The next time some conversation was repeated about the same. Grandfather asked Fayette what he was going to charge him and said he was willing to pay him. Don't recollect that Fayette made any answer. Don't know that he made any answers at any time, would not swear that he did or did not reply. Previous he said something, but I don't remember that he said anything. Did not hear the old man speak of it after I moved away. Previous to that I heard grandfather speak of it twice. I remember that Fayette did not make answer – "Never mind, I won't charge anything" or something to that effect. Don't think anyone but Fayette shaved grandfather while I was there. Never saw anyone else shave him. I tried about to buy old gun of grandfather. Think it was sometime in 1882. He refused to sell it. He thought a good deal of the gun. The stock on this gun went the whole length of barrel. Think there was one silver ornament on stock. 23. Levi Coykendall subpoenaed me here, last Friday I think it was. Redirect: Question: Did you ever hear grandfather say anything about giving gun away? Objection. Overruled. Answer: I did. Heard him tell Levi that he would give him the gun. Levi said he wouldn't take it. That was while I was living there. Did not hear grandfather say anything about giving gun away after I left. Never heard grandfather say that he had given it or that Levi had taken it. I was at grandfather's in 1884 when Levi and Hartson were present and talked about money. Question: Was there anything said on that occasion about Levi taking the money and depositing it in old gentleman's name and leaving it there till old gentleman died. Objection. Overruled. Answer: I heard nothing of kind said. I was there, paid $100 at time. They were talking about taking money to bank. Levi said to Hartson "You better take it." Hartson said he had 24. no business that way and that Levi better take it. I saw the money handed to Levi – Don't know when the certificate of deposit was returned. Cross Examination: I owed the old gentleman $100. I was there and paid it. Think it was the 2nd of January. Levi and Hartson were there. No one asked me to be a witness there to any part of transaction. Grandfather was present. I handed the money to Hartson to count and ask of there was $100 there. Think he handed then money to old man. I can't tell what was said there about taking the money to bank. Can't tell it word for word. It was 4 years ago. I know Levi spoke and said let Asa take it to bank. Can't tell what was said before that, I know before that, Asa said "better take it to the bank. It might get used up if left in house." Don't remember anything else that was said. Don't know where I went after. I handed over money and it was counted. I know I had been away and got home that morning just as Levi drove up. 25. My attention has not been called to what occurred then, until now. Redirect by Mr. Armstrong. I do recollect the parts of that conversation which I have related. Emory Hoppough called by administrators and sworn. Am grandson of Joel Coykendall. Lived near grandfather's from 1880 to 1885. Know who shaved grandfather. Have heard grandfather speak of Fayette's shaving him - went to shave him one time. He said he wished Fayette to shave him. Fayette was not there then. Said he would pay him. Mr. Exodus moves to strike answer out – because Fayette wsa not present. Denied. Have heard grandfather make other statements – subsequent to this. Heard him tell Fayette, while Fayette was shaving him that he would pay him. Heard him say this several times. Think first in 1884. Heard him say nothing further. Know about gun in 26. question. Heard grandfather say he had given it to Levi. This was a short time before grandfather's death. Was there day gun was taken away, saw it in buggy. Did not hear grandfather say anything about gun that day. It was some time before when he said he had given it to Levi. I went up there to borrow it and grandfather would not let me take it. Said he had given it to Levi. Gun was taken sometime in August. Cross examination: Can't tell in what year it was when grandfather spoke to me about Fayette's shaving him. It was in summer. My brother – Lewis – was living on place at the time, I think. Fayette was not present at time. Grandfather said he would rather have Fayette shave him than me because my hand trembled. I said I cut him. Quite a while after this I heard conversation between him and Fayette about shaving. Must have been a year after the time I was shaving him. Think it was in summer 1884, John 27. my brother lived on place there. I did not live there then. Was up there often – nearly every day and sometimes 3 to 4 hours a day. Always on Sunday. This was on a Sunday. I and grandfather were friendly. He told Fayette that if he would shave him he would see that he got his pay. This was in summer of 1884, I think. Fayette had just finished shaving him then. Fayette said he would shave him. Heard grandfather say he would pay him – several times – both after this and before. I was out there every time Fayette shaved him. I was not in house on day gun was taken. They were just going away. Fayette and his father, both in buggy. Gun between them. Did not see grandfather hand gun to them. They had started when I first saw them. Grandfather stood in door of his room. Never, on those occasions heard grandfather ask Fayette how much he was going to charge. Question: There were some weeks when he was not shaved? Objection. Overruled. Answer: Can't say. At time he died his face looked as if it had not been recently shaved. Mrs. Inwood and I shaved 28. him after his death. I know Doolittle shaved him once. Heard grandfather say that Bradford had shaved him at one time. Did not see Levi and Fayette that day gun was taken, when they come. They left before meeting was out. Can't tell hour. I went down home and the meeting folks came along in 15 or 20 minutes, maybe. Think the services were in fore noon, but won't swear positively. ______________ had services in afternoon. Levi Coykendall called on his own behalf and sworn. Am administrator of father's estate. Recalled something about depositing $300 in bank. – Remember conversation at father's in January 1884. The $200 mentioned in testimony if the $200 that remained in bank of the deposit. I heard Hartson's evidence about what was said about deposit. I made no such statement there as he testifies to. Remember occasion of bringing $100 from bank and gave it to father. It was same day Fayette gave note in 29. question. Question: Were you present on the occasion when your father returned note to Fayette? Objection. Sustained. At time of deposit I had $50 which I had received of Hough. I put $5 with father's $295 to make $300 deposit and then had $45 left. Question: What did you do with that $45? Objection. Overruled. Answer: I paid it out. Question: What did you buy with it? Objection. Overruled. Answer: I bought brick, lime and sand. Don't recall what I paid. Memo shown witness. Question: How much did you pay for the brick? Answer: 42 ½. Bought the brick of Swan and Co. This memo was made of my direction by Fayette because I could not write. Can write my name. Can read writing – cannot read all of memo. 30. I recalled that I bought whiskey of Moton at Heinbach. Paid 6/- a quart. Bought a quart at a time. Bought tobacco, sugar, oyster crackers, lime and sand, also beer. Purchases commenced in 1883 and continued to 1885. Question: Did you refund all the $45 in this manner ? Objection. Ruling --. Answer: No sir. I did refund in this manner $30. The other $15 of the $45 I let Joel have. Mr. G----- moves to strike out the last clause of answer. Motion granted. There was a time in 1885 when father came to my house. Evelyn Hough's brother was there. He stayed all day and over night. Mrs. Hough went town same day. I came to father's house next day. My wife and son and son's wife were there. It was 17th day of July 1885 when father came. I heard evidence of Hartson yesterday respecting conversation he had with me between blacksmith's and father's house about Fayette's note. I never said 31. to him on that occasion or anywhere else, that note was good. Never talked with him about $45. Nor about cemetery lot deed. Did speak to him about farm. Did not take trunk into my possession until after appointment as administrator. Found no valuable papers in it there – only old deeds. Cross examination: I did open trunk appraisers came. I can read print – I can read some writing. About all I can write is my name. After father's death, heirs all met at Asa Hartson's. This was Monday after burial. Question: On that occasion the subject of son's note was talked about? Objection. Overruled. Answer: I don't think it was talked about. That is my recollection. I got the $50 of Hough in 1883. Think it must have been about July 1883. I had but one pocketbook then. I received other money in 1883. Can't tell amount. Sold grain and I got money for it. 32. I received and paid out various monies during that and following year. Put some of money away in trunk I have. Kept some in pocketbook. Do not make it customary to carry much in pocketbook. Money was thrown in trunk l____ly. I can make figures and cipher. Never saw father make figures or figure up. Have no remembrance of ever being at blacksmith shop with Asa and walking toward house. Will not swear positively that I did not have conversation with Asa there. All I can say is I don't remember being there. The gun is at my house. There was some lumber mentioned. Son – Fayette – measured it – with – board - rule. I was present. Measured after vender. I think I could measure lumber. Recess until 2 O'Clock. Joel Coykendall recalled by Mr. Gardner for further cross examination. Question: Did you not get $50 upon a note against Shepardson and Bean? Objection. 33. Omitted – exe. Answer: No sir. I got some clover seed for father. Got no money. Father held a note of $50 against them. One of them lives west- now. Bean lives on farm at Canadice. Shepardson then lived on Hough farm. Had note with me when I got the clover seed. Think seed came to $12. Father had the note the last I knew of it. I do not know what became of it. When I was after clover seed was last I knew of it. Don't remember the year. Think while Lewis was there. I saw the note then when I went for seed. Father had it. Fayette Coykendall recalled by administrators. Remember occasion when grandfather came to father's in 1884. The subject of the $45 was alluded to. Grandfather came over with Mrs. Hoppough. Father says that grandfather wishes to settle with you, get the book. I got the book and read over the items. (witness 34. produces memorandum book) This is the book. I kept father's account in it by his direction. I made a memo, there. Read it to grandfather. He said that it is all right. Question: What was it that you read? Objection. overruled. Answer: Settled to date – July 17. Before that I had read over all the items in the account preceding. Question: What was said between your father and grandfather while you were reading the items? Answer: As I read along, father asked grandfather about the several items, if he remembered them, and grandfather said he did and that they were all right. That is all I remember. Question: Do you remember anything being said about the $45 in that conversation? Answer: Father said that includes the $50 you let me have. Grandfather said that is all right. The occasion was father's birthday. Cross examination: Positive all writing in book is mine. It is book in which I kept . It wrote it at home. I wrote the items in account referred to at 35. father's direction. Dates on margin present the time when I wrote the different items. I think I footed up the account. Did it on the day they settled. Think it was same day he came there. I think he stayed all night. My sister, Mrs. Hough, my wife, mother, and aunt and my two children were present. Mrs. Hough lived there East of me. N.E. of Canadice Corners, about 1 ½ miles from grandfather's. Heard nothing said about account before dinner that day. First, I heard what father said – grandfather wants to settle up, and I wish you to get the book and read items. We were in dining room. I got book, read the items. Father kept asking "Is that right?" and grandfather said 'yes." When got through, I added figures made footing and made memo, which I have stated. After footing up, there was 16 cents over the $50 and father said that is all right and grandfather said all right. The memo was written after I had read the items. Don't think I had two pencils that day. I carried blue pencil in pocket. Pocket pencil. Sometimes lead was out and then I used another pencil. 36. The account immediately preceding the one in question relates to matters in 1881. So was the one immediately following. After that on earlier dates – the last leaf in book relates to mothers in 1878. Mrs. E. C. Hough called by administrators and sworn. Reside in Canadice. Daughter of Administrator. Remember occasion of taking Joel Coykendall to father's. After we got there – after dinner, grandfather said he would like to settle with father. Grandfather said father had been paying out money for him and he thought he might more than used up the $50 he had and he might be in debt to father. Fayette got a book and read over items and grandfather said they were all right. Fayette figured up all. There was 16 cents difference, but I did not know in whose favor. Cross examination. I heard brother's evidence. I got to father's that day about 10 in the morning 37. and stayed till sundown. Grandfather did not go back with me. He stayed all night. I saw brother make figures there. I suppose that is the book. Fayette Coykendall recalled by administrators. My wife is at home – sick and unable to be here. Mother is at home taking care of her. Administrator rests. Mrs. Hoppough recalled by Mr. Eordus. Remember an occasion when Fayette was at grandfather's to shave him and subject of compensation was talked of. Can't say positively when it was. Think it was in the latter part of Summer of the year he died. Question: State what was said. Objection. Overruled. Answer: Grandfather asked Fayette what he was going to charge for shaving. Fayette said "What is it worth?" Grandfather said "I suppose I have to give you 10 cents a shave and pay you for coming and going back." 38. Nothing further was said on that subject to my knowledge. Remember time when Mrs. Hough took grandfather to Levi's. Grandfather's health at that time was such that he could be around – in and out of doors – but he was feeble. I remember hearing talk about gun having been taken away. Think the services were in process and that I was in church. Services commenced at 10 o'clock and were over about 12 usually. I was in house where my husband settled first year. Question: Did grandfather have someone else there? Objection. Sustained. Cross examination by Mr. Armstrong. I don't remember whether conversation I have referred to was in 1884 or 1885. Question: What did you hear said about the gun? Objection. Overruled. Answer: Joel said he had given it to Levi. I think the church services at that time were held in fore noon, but I would not be certain. 39. Mr. Hartson recalled by Mr. Eordus. After the funeral, the _orters meet at my house – next day. Bradford Hoppough was there. His wife was a sister of Levi. Question: What was said there by Levi about the note? Objection. Overruled. Answer: Levi said he had done his father's business and there was $60 at station for funeral expenses. That the $100 had been given by Joel to Fayette for shaving him. I asked him when this was given to Fayette and Levi answered "2 weeks ago." Question: Is that the first you had ever heard about this? Objection. Sustained. My wife was sister of Levi. Question: Had you done business for Joel? Objection. Overruled. Answer: Never had except times when he was settling up when I was present. Was there when John settled. Joel Coykendall could neither read nor write. 40. Cross examination by Mr. Armstrong. The object of meeting after the funeral was for purpose of ______y matters. I understood Levi to say that the note was given "two weeks before." I so swear. Levi was present on each occasion when I was there. Question: He never did any business, did he, without having Levi present, to your knowledge? Objection. Overruled. Answer: As far as leasing farm is concerned Levi and I were always both there. Can't say further. I lived ½ mile away. I have no feeling against Levi in this transaction. I only feel that the right ought to be done. I have never had possession of this trunk which has been spoken of. By Mr. Eordus. When Joel's wife died he said to me I want you to take trunk home. There are some papers in it and I want you to take care of it. Some one put it in my buggy and I took it home. I never looked into it. A few weeks after Joel was over 41. there and he took trunk home. Hired man was living there at time. Bradford P. Hoppough called by Mr. Eordus and sworn. I live in Henrietta in Monroe County. My wife was daughter of Joel. I was out at funeral. Next day heirs met at Hartson's. Levi was there. Question was asked Levi how much money there was in bank. Levi said $200. Question was asked Levi whether Fayette's note had been paid. Levi said "Grandfather gave it to Fayette for shaving." Question was asked him "how long ago?" Levi answered "two or three weeks." That was all that was said there about that note. Nothing was said about the $50. Cross examination by Mr. Armstrong. Am as friendly with Levi as I ever was. Not always been very friendly. Wife is ______. 42. John Hoppough called by Mr. Eordus and sworn. Reside in Canadice. Am grandson of Joel. worked his farm in 1884 and 1885, He died in fall of 1885. I began working it in Spring of 1884 and was working it when Joel died. Lived in house there with him. He boarded with me. Remember Fayette coming to shave him while I was there. Came about once a week. Sometimes more over. Question: You remember conversation about a razor? Objection. Overruled. Answer: Think Fayette spoke to him and said he had got a new razor. Fayette said it cost $2. Razor and strap. I saw Joel hand him a bill – to pay for them. It was not in silver. It was a bill. Recollect day gun was taken. 43. Fayette came there in afternoon I think. Father came with him. Grandfather and myself were there when they came. Fayette shaved grandfather and then Levi went out for horse and drove up in front of door. Levi spoke about crows pulling his corn – said something about old gun. Grandfather told him he could take it. I went in and got it and took it out to wagon. Both were in wagon when I handed him the gun. They were not there over an hour on that occasion. Came while folks were at meeting and left before the meeting folks came back. It was on Sunday. Think I was in room where grandfather was all the time that day from time Fayette came till he went away. Room is about 12 x 14. It was grandfather's room. I saw no transaction like that Fayette relates about – grandfather taking note from trunk and handing it to Fayette. I was not occupied in anything, only sitting there. There was talking all the while. Question: Could any such occurrence have taken place there without your hearing it? Objection. Sustained. 44. Don't remember of Fayette going out into kitchen after shaving. He might have done it. I did not see the trunk at all while there. It was not pulled out in my presence. I was there all the time. The transaction related about note did not occur to my knowledge. Can't say how near I sat to where grandfather was. Think I sat at west side of house and that grandfather was across the door. Think grandfather lit his pipe after shaving. Got tobacco from cupboard. can't say that Fayette did not light pipe for grandfather – did sometimes. They were near east side of rooms. Lounge was in NE corner room. Shaving was done on east side room about middle of that side of room and about 6 feet from lounge. I did not hear grandfather say "I give you that for shaving" nor Fayette say "I will shave you long as you live." They stayed but little while after the shaving. They sat out in buggy, the old gentleman standing in door. While I went out and looked for bullet mold. Their horse had been driven right 45. into barn without unhitching. Gun was a rifle – wood went whole length of barrel. I think. middling good length gun. Think there were a few weeks when grandfather was not shaved at all. Don't think it over two weeks. Sometimes he was shaved on Saturday. Cross examination by Mr. Armstrong. Think this occurrence was on 7th of month. Think so because they say it was on 7th. Went to barn that day when I got up. Did not see Emory there. Sometimes take drink. Had not that day. When they came I did not go out. Heard them drive in to barn. Old gentleman's room is small. Was in his room when they came, reading paper. Can't tell anything I read that day. Can't say what way entered house. Whether over stoop or through woodhouse. Can't say which one came in first, or which I first saw in house, or where I first saw them. I did nothing when they first came in – don't recall a 46. a word said that day – until matter of gun occurred. I don't know it is true that I was not there until they were about to go away. It is not true. Have told before today what I would swear to. Think I told B. Hoppough. Think I told Hartson right away after I heard about note being given away. The most I can say now about the transaction is that I did not see grandfather give Fayette the note. I won't swear that grandfather did not give him the note that day. I had not drunk anything that day. Have not today except water. Can't say when Fayette brought razor there. Can't say whether it was in 1884 or 1885. Grandfather gave him bill. Don't know amount. Saw no change passed. Can't tell the year. Have told all I think of now about both those transactions. Redirect by Mr. Eordus. It was a bill grandfather gave. Contestant rests. Fayette Coykendall recalled by Mr. Armstrong. 47. When I brought razor and strap to grandfather's he did not give me a bill. Question: Did he give you a bill in reference to this razor and strap? Objection. Sustained. On Sunday when gun was taken, John Hoppough was not in house and did not see him there until we got ready to go away. I noticed his condition then. Question: What do you say as to his condition? Objection. Overruled. Answer: He was then intoxicated. By Mr. Eordus. I don't remember that I swear on your former cross examination that John was in or out of room. Can't say that I swear just know that John was not in room. James Hoppough recalled by Mr. Armstrong. Remember day in question. Saw John Hoppough then. Question: Did you notice his condition Objection. Overruled. Answer: Yes sir – he was under 48. influence of intoxicants. Cross examination. John was in stoop- grandfather was in door. Fayette and Levi were just driving away. Levi Coykendall recalled by Mr. Armstrong. Remember Sunday in question. Question: Did you see John in house while Fayette was shaving your father? Objection. Overruled. Answer: I did not. I saw him there that day. I got the gun myself. John did not touch it. I took with me when I went after horse. Noticed John's condition that day. Question: What do you say as to his condition. Objection. Overruled. Answer: I say he was under influence of intoxicants. I remember meeting at Hartson's day after funeral. Did not tell Hartson on that 49. occasion that father had given Fayette the note only two or three weeks before. Did not tell Bradford Hoppough so. Did not say "two or three weeks." Redirect by Mr. Eordus. I was inquired of about the note there. I swear positively I did not say "two or three weeks." John Hoppough recalled by Mr. Eordus. There was an occasion while I was at grandfather's when a school tax was presented. It was 8 or 10 days before grandfather died Objection. Answer: The old gentleman said there was another school tax out and paid it must have receipt. Said there was money at station and there was money in bank on which he had no interest and that he had let Fayette have $100 and Fayette had paid no interest. That was all 50. that was said. By Mr. Armstrong. Levi was not there. I have stated all there was of it. Was not intoxicated then. Motion to strike out. Denied. July 9th 1887. Counsel for the administrator moves to overrule objections and surcharges made to account and allow the account to be settled as filed on ground that contestants have failed to make proof that in any ________tively to surcharge this account and that there is no proof that administrators have not accounted for the entire personal estate of decedent. Denied for present and executed. 51. Surrogate Court: In re Joel Coykendall deceased. Proceeding for judicial settlement. The evidence of Fayette Coykendall reflecting interview between himself and decedent where note was surrendered. is competent and motion to strike out same is denied. The whole evidence fails to establish any of the surcharged claimed, and the account is settled as filed. July 28, 1887. DGL Each bullet represents a page of original testimony.