John Barker
vs
Andrew Eicklor and Others

Transcription of the Supreme Court of Judicature case located on the 11th Floor of the State Library in Albany

(Note from the transcriber:  When my 5th Great Grandfather James Barker who is often called “The Patroon” in Greene County, New York literature died, he left a will.  The will has been known for years and can be found at a number of Greene County sites.  However, who actually inherited the 6000 acres in the Barker Patent at Durham and Cairo was not known until the beginning of the 21st century.  From land deeds at the Catskill, Greene County offices I learned who inherited the estate and authored a booklet in July 2005 titled THE BARKER, DEDERICK, ECKLOR, OLMSTED, SALISBURY, AND TAYLOR GRANDCHILDREN INHERIT THE PATROON’S ESTATE.  

After a time I was led to the New State Archives at Albany.  It is there that the Supreme Court of Judicatures document detailing the partition of his lands according to his Last Will and Testament is located.  This Judgment is in script.  There might be a few names of individuals or which I did not transcribe them correctly.  Gene Eiklor, September 2009)


Judgment Roll in Partition Powers and Adams, Attys (in partition 1631..76)

Filed May 15, 1822 

Pleas before the Justices of the people of the State of New York of the Supreme Court of Judicature of the same peoples of the City Hall in the City of New York of the Term of May One Thousand Eight Hundred and Twenty Two and  P Ambrose Spencer, Chief Justice at New York., Fairlie Bloodgood Twiler & Breese, Clerks 

Greene County –

John Barker puts in his place James Powers & John Adams his attornies against Andrew Ecklor, James Ecklor, David Ecklor, John Ecklor, George Ecklor, William Ecklor, John Agard & Jane his wife, Benjamin Woodruff & Betsey his wife, David W. Taylor, John W. Taylor, Richard B. Taylor, Harvey Cole & Nancy his wife, Robert Hallenbeck, Jr. & Caty his wife, Hannah Taylor, James B. Dederick, William Dederick, Cornelia Dederick, Orrin Cole & Jane his wife, David W. Taylor & Sarah his wife, James Knickerbocker & Charlotte his wife, Henry Ossincup & Caty his wife, Albert Salisbury & Fanny his wife, Jonas Person & Eunice his wife, James Barker, George G. Barker, Thomas Barker, William Barker, Thomas G. Van Steenbergh & Catherine his wife, William G. Calkins & Elizabeth his wife – of a Pleas for the partition of lands

Greene County –

 Be it remembered that on this first Monday of May of the Term of May one thousand Eight hundred & twenty one before the Justices of the people of the State of New York of the Supreme Court of Judicature of the same people in the City Hall in the City of New York comes John Barker (according to the direction of the act in such case made & provided by  James Powers & John Adams his attorneys and Exhibited in the Said Court then there a certain Petition against Andrew Ecklor, James Ecklor, David Ecklor, John Ecklor, George Ecklor, William Ecklor, John Agard & Jane his wife, Benjamin Woodruff & Betsey his wife, David W. Taylor, John W. Taylor, Richard B. Taylor, Harvey Cole & Nancy his wife, Robert Hallenbeck, Jr. & Caty his wife, Hannah Taylor, James B. Dederick, William Dederick, Cornelia Dederick, Orrin Cole & Jane his wife, David W. Taylor & Sarah his wife, James Knickerbocker & Charlotte his wife, Henry Ossincup & Caty his wife, Albert Salisbury & Fanny his wife, Jonas Person & Eunice his wife, James Barker, George G. Barker, Thomas Barker, William Barker, Thomas G. Van Steenbergh & Catherine his wife, William G. Calkins & Elizabeth his wife for the partition of lands which said petition follows in these words to wit:

            “To the Honorable Justices of the people of the State of New York of the Supreme Court of Judicature of the same people

The Petition of John Barker of the Town of Cairo in the County of Greene & State of New York forever respectfully showeth that your petitioner is seized in fee simple and tenant in common together with the persons herein named of one equal undivided Sixth part the whole into its parts to be divided of in and to all and singular the following tracts or parcels of land situated, lying & being in the Towns of Cairo & Durham and being land whereof James Barker, Esq. late of the Town of Durham aforesaid died seized which lands are generally Recorded as follows, that is to say the first parcel is bounded North west by Ezra Post, South west & Westerly by Ezra Post, Peter A. Snyder, Barnard Bagley, David Francis, John Bagley, Thomas Bagley, Obadiah Evory, Giles Butler, Ebenezer Bracket, Icabod Olmsted, Howell I. White, Truman Lewis, Charles I.  Howell, Lewis Webster, Isaac Coffin, John Wilde, William C. Gifford, Moses Olmsted, Isaac Hine, Joseph Utter, Elizah Hine, Benjamin Hine, Isaac Bogardus& Thomas Houghtaling, Easterly by Silas Scribner, William Hubbell and John Barker, Northeasterly by the Catskill Creek, Freehold Patent and lands lately owned by James Cockburn, the other parcel is a tract of about fifty acres lying in the said Town of Cairo called the Stonegat now in the possession of James Vredenberg the whole containing about five thousand acres, which said lands lie within the patent granted Hendrick Remsen & Henry Lane on the twenty seventh day of March one thousand seven hundred and forty nine and the patent granted to Thomas Lane and Remsen on the tenth of December one thousand seven hundred and fifty seven comprising all the lands within the said Towns of Durham & Cairo whereof the said James Barker died seized excepting so much there from of the said James Barker by his last will and Testament devised separately to your petitioner & separately to William Hubble –

And your petitioner further shows that Andrew Ecklor of the County of Green & State of New York, James Ecklor, David Ecklor, John Ecklor, George Ecklor & William Ecklor all of whom are supposed to reside in the State of Ohio, John Agard in right of his wife Jane of the County of Chenango and State of New York, and Benjamin Woodruff in right of his wife Betsey supposed to reside in the State of Ohio are each seized of one equal undivided Eighth of one Sixth of the said premises,  that

Richard B. Taylor, John W. Taylor, David W. Taylor, Robert Hallenbeck, Jr.  in right of his wife Caty, Harvey Cole in right of his wife Nancy and  Hannah Taylor, all of the County of Greene and the State of New York one each seized of one equal undivided sixth part of one Sixth of the said premises, that

James B. Dederick, William Dederick, Orrin Cole in the right of his wife Jane, David W. Taylor in the right of his wife Sarah, and Cornelia Dederick all of the County of Greene & State of New York aforesaid of each seized of one equal undivided fifth part of the said premises, subject however to condition that they shall faithfully support Mary Dederick of the County of Green in sickness and in health during her natural life, that

Henry Ossincup who is supposed to reside in the State of Pennsylvania in right of his wife Caty, James Knickerbocker in the right of his wife Charlotte, Albert Salisbury in the right of his wife Fanny, Jonas Person in the right of his wife Eunice all of whom reside in the said County of Greene and State of New York are each seized of one equal undivided fourth part of one sixth of said premises and that

George G. Barker in the County of Schoharie and State last aforesaid, James Barker, Thomas Barker, William Barker, Thomas G. Van Steenbergh in right of his wife Catherine, and William G. N. Calkins in right of his wife Elizabeth, all of the County of Greene and State aforesaid are each seized of one equal undivided sixth part of one Sixth of said premises,

And your petitioner further Showeth that the said William Barker, Cornelia Dederick, William Ecklor, George Ecklor and Hannah Taylor are Minors under the age of twenty one years for whom a guardian hath been duly appointed by the Honorable Court pursuant to the Act for the partition of lands

And your petitioners further showeth that he is desirous to have partition made of the aforesaid lands tenements and hereditaments with the appurtenances among the several parties aforesaid according to their respective rights therein – wherefore your petitioner prays that all and singular the aforesaid lands tenements and hereditaments with the rights members privileges and appurtenances thereunto belonging or in any wise appertaining might be decided by commissioners to be appointed by this Court in pursuance of the Act entitled "an Act for the partition of lands passed April 12th 1813 among the several owners and proprietors thereof according to their respective rights therein.

Dated January 8th 1821

(Signed)

John Barker

And now at this day to wit on the first Monday in August in the Term of August one Thousand Eight hundred and twenty one at the Capitol in the City of Albany, the said John Barker by his attorneys aforesaid come into the said Court before the said Justices thereof and it appearing to the said Court now here that copies of the aforesaid Petition of Notice affixed thereto had been published agreeable to this Act in such case made & provided and personally served on

Andrew Ecklor, Richard B. Taylor, David W. Taylor & Sarah his wife, John W. Taylor, , Harvey Cole & Nancy his wife, Robert Hallenbeck, Jr. & Caty his wife, James B. Dederick, William Dederick, Orrin Cole & Jane his wife, James Knickerbocker & Charlotte his wife, Albert Salisbury & Fanny his wife, Jonas Person & Eunice his wife, James Barker, George G. Barker, Thomas Barker, William Barker, Thomas G. Van Steenbergh & Catherine his wife, William G. Calkins & Elizabeth his wife, John Agard & Jane his wife all of whom reside in this State and David Ecklor, John Ecklor, James Ecklor, Benjamin Woodruff & Betsey his wife, Henry Ossincup & Caty his wife, who reside without this State and also personally served on Platt Adams, Guardian for William Barker, Cornelia Dederick, William Ecklor, George Ecklor & Hannah Taylor who are Infants under the age of twenty one years and which said Guardian was duly appointed by a rule of this Court to defend this suit in partition for and in behalf of the aforesaid Infants in pursuance of and according to the Act in such case made and provided, and thereupon the premises being seen & fully understood by the said court and mature deliberation being thereupon had it is ascertained and determined by the said Court (according to the directions of this Act in such case made & provided that the rights of the said parties respectively in and to all and singular the lands tenements and hereditaments in the said petition mentioned are such as in the said petition is set forth that is to say

That the right of said Andrew Ecklor, James Ecklor, David Ecklor, John Ecklor, George Ecklor, William Ecklor, John Agard in the right of his wife Jane, Benjamin Woodruff in the right of his wife Betsey is one equal undivided Eighth part of one sixth of the said premises,

That the right of the said Richard B. Taylor, David W. Taylor, John W. Taylor, Harvey Cole in the right of his wife Nancy, Robert Hallenbeck, Jr. in the right of his wife  Caty, Hannah Taylor is one equal undivided sixth part of one sixth of the said premises,

That the right of the said James B. Dederick, William Dederick, Orrin Cole in the right of his wife Jane, David W. Taylor in the right of his wife Sarah, Cornelia Dederick is one equal undivided fifth part of one sixth of the said premises subject however to condition that they shall well and faithfully support Mary Dederick of the County of Greene in sickness and health during her natural life

That the right of the said Henry Ossincup in the right of his wife Caty, James Knickerbocker in the right of his wife Charlotte, Albert Salisbury in the right of his wife Fanny, Jonas Person in the right of his wife Eunice in one equal undivided fourth part of one sixth of the said premises,

The right of the said George G. Barker, James Barker, Thomas Barker, William Barker, Thomas G. Van Steenbergh in the right of his wife Catherine, William V. G. Calkins in the right of his wife Elizabeth is one equal undivided sixth part of one sixth of the said premises –

That the right of the said John Barker the petitioner is than one equal undivided sixth part of the said premises

Therefore it is Considered by the same Court that partition of the said premises be made between them the said parties according to their said respective rights therein in forum aforesaid by the said Court ascertained & determined whereupon and upon the prayers of the said John Barker the petitioner the same Court now here by rules or order appoint John E. Darby, Moses Olmsted and David Baldwin all of the County of Greene & State of New York being three respectable freeholders where the said lads are situated –

Commissioners to make the said partition between the parties aforesaid, quality & quantity relatively considered according to the respective rights & interests of the said parties adjudged as aforesaid

Say it therefore given by the said Court to the said Commissioners until the third Monday in October next at the Academy in the Town of Utica in the County of Oneida to make the said partition in forum aforesaid a report thereon to the said Court – and the same day is given to the said John Barker and the said defendants aforesaid there

& at which day that is to say on the third Monday in October at the Academy in the Town of Utica in the County of Oneida before the Justices of the said people of the State of New York of the Supreme Court of Judicature of the same people comes as sure the said John Barker by his attornies aforesaid as the said William Barker, Cornelia Dederick, William Ecklor, George Ecklor & Hannah Taylor by their guardian aforesaid also the other of the Defendants in the proper persons and the said Commissioners have not yet made and completed the partition of said lands and pray further time in the premises a further day is therefore given by the said Court to the said commissioners until the first Monday in January next at the Capitol in the City of Albany to make said partition in forum aforesaid and to report thereon to the said court and the same day is given to the said John Barker and said defendants the parties aforesaid there –

At which day that is to say on the first Monday in January in the Term of January one thousand eight hundred & twenty two at the Capitol in the City of Albany before the Justices of the people of the State of New York of the Supreme Court of Judicature of the same people comes as well the said John Barker by his attornies aforesaid as the said William Barker, Cornelia Dederick, William Ecklor, George Ecklor & Hannah Taylor by their guardian aforesaid as also the other of the Defendants in the proper persons and the said Commissioners have sent to the said Court now here a certain report in writing under their Hands and Seals by which it appears to the same Court that the said Commissioners having first taken and subscribed the oath by law in such case directed to report -

                                    To the Honorable the Justices of the Supreme 
                                    Court of Judicature of the people of the State of
                                    New York.

The report and return of John E. Darby, David Baldwin and Moses Olmsted commissioners appointed by the Justices of the people of aforesaid to make partition of the lands and Tenements particularly mentioned and described in the petition filed in the cause of John Barker against Andrew Ecklor and others between the parties therein specified according to their respective rights quantity and quality  relatively considered in conformity and obedience to the rule of the said Court a copy whereof and hereto annexed

Respectfully showeth that we the commissioners before we proceeded to make such partition as aforesaid were severally sworn (to wit) John E. Darby and Moses Olmsted before Charles C. Abeel and David Baldwin before Joseph Blanchard two of the commissioners appointed to take the acknowledgements of Deeds and affectionaly in and for the County of Greene honestly and impartially to execute the trust placed in us as Commissioners for making partition of the said lands & tenements and hereditaments as directed by the said Court which oath was taken and subscribed by the said commissioners and has been duly filed with Francis Bloodgood, Esquire one of the Clerks of this Court at his office in the City of Albany –

That we the said commissioners after taking and subscribing the said oath did proceed to make partition according to the Judgment of the said Court in manner following that is to say –

We caused the said lands and tenements to be surveyed and divided the same as laid down on the map thereto annexed and designated by their respective numbers and the names of the persons to whom the same are allotted,

First the said commissioners did survey and set off a small Lot around the high falls in the Thorp Creek (so called) and adjoining the Susquehannah Turnpike road as a site for mills which said Lot containing five acres and sixty four hundredth as represented in said map and marked (Mill site) and which your commissioners think can not be divided or allotted to any one without a damage to the whole of the proprietors and have therefore left the same as undivided property subject to the order of your Honorable Court – and have therefore recommended a sale of the same.

That they did then proceed to survey and partition the residue of the said lands and premises into six equal shares or division quantity and quality relatively considered which said lots or divisions are represented and laid down on said map and marked First Tract, Second Tract, Third Tract, Fourth Tract, Fifth Tract, & Sixth Tract and are particularly described in the Field Book of such Survey and partition herewith presented of which shares or tracts

The first we have allotted to John Barker containing seven hundred and thirty acres of land besides so much of the Catskill Creek as may be included in this Tract by extending the lines to the line of the Patent in the stream of said Catskill which Tract is also marked with the name of the said John Barker – and likewise a certain small lot adjoining the farm of Obadiah Evory and laid down on said Map and marked with the names of John Barker and also a Lot containing twenty five and half acres which said lot last mentioned is fully described in the aforesaid Field Book

To the children of the late Thomas Barker who are severably entitled to one sixth part of one sixth of the aforesaid lands and tenements we have set or allotted the Second Tract above mentioned and represented on said Map and marked second Tract and also fully described in the said Field Book containing Eight hundred and Eight acres of land together with so much of the Catskill creek as may be included in this tract by extending the division lines to the stream of said creek being the bounds of the said premises so partitioned

To the children of Sarah Ecklor who are severally entitled to one Eighth of one Sixth part of the aforesaid lands & premises we have set and allotted the Third Tract above mentioned and represented on said Map and marked Third tract and fully described in the said Field Book containing Eight hundred and seventy two acres of land and also Including so much of the said Catskill Creek and may be contained within this lot by extending the division lines to the lines of the  Patent in the stream of said Creek and also what land if any may be lying on the Easterly sides of said creek and between said creek and the lines of the Freehold Patent the first Tract of the Van Bergen Patent and land sold by James Barker to Jacob Van Loan

To Albert Salisbury in right of his wife Fanny & Jonas Person in right of his wife, Eunice, James Knickerbocker in right of his wife Charlotte and Henry Osencup in right of his wife Caty who are severally entitled to one fourth of our sixth part of the aforesaid lands and premises we have set and allotted the Fourth Tract before mentioned and referenced in said Map and marked Fourth Tract and fully described in the said Field Book containing one thousand and five acres

To the children of the late Elizabeth Taylor dec(ease)d who are severally entitled to one Sixth of one Sixth part of the aforesaid lands & tenements we have set and allotted the Fifth Tract above mentioned and represented on said Map and marked Fifth tract and fully described in the said Field Book containing One thousand acres of land and also so much of the said Catskill Creek as is included within this tract by extending the division lines across said Creek to the Easterly bank thereof and also such land if any and may be included in the said Easterly bank by the true construction of the Patent which Extend said bank in and all rights & privileges belonging thereto

To the children of Mary Dederick who are severally entitled to one Fifth of one Sixth part of the aforesaid lands & premises we have set and allotted the Sixth Tract above mentioned and represented on said Map and marked Sixth tract and fully described in the said Field Book containing One thousand three hundred and ninety acres of land and also another detached Lot or farm called the Stonegate and represented on said map and marked Stonegate and also particularly described on said map and marked  in the said Field Book Containing sixty acres under the special Condition however that they shall during the natural life of their Mother, the said Mary Dederick will faithfully support & maintain the said Mary in sickness and Health

The said commissioners further report that in proceeding to make Subdivision of the aforesaid Five tracts among the several members of each respective Family they have subdivided the Second Tract into six equal parts quantity and Quality relatively considered Consisting of Eight several Lots as represented  on said Map and marked 1-2-3-4-5 & 6 and also with the names of the several parties to whom set and which several lots are all fully and described in the aforesaid field Book pages 7-8-9 – of which Lots or shares

            Lot No 1 containing one hundred and twenty four and one half acres as represented in said map and described in said Field Book page 7 was set or allotted to William Barker – 

            And Lot No 2 of the said subdivision containing one hundred and Eighteen and a Quarter acres as represented in said map and described in said Field Book page 7 and set or allotted to Thomas G. Van Steenbergh in right of his wife Catherine –

            And also Lot No 3 of the said subdivision containing one hundred and twenty three acres as represented in said map and described in said Field Book pages 7 & 8 was allotted or set to William G N Calkins in right of his wife Elizabeth –

            And also Lot No 4 of the said subdivision consisting of two lots containing one hundred & thirty three acres as represented in said map and described in said Field Book page 8 was allotted or set to George G. Barker –

            And Lot No 5 of the said subdivision consisting of two lots as represented in and described containing one hundred & forty six acres in said Field Book pages 8 & 9 was allotted or set to Thomas Barker –

            Also Lot No 6 of said subdivision containing one hundred & forty two acres and a half acres as represented on said Map and described in the said Field Book, page 9 was set or allotted to James Barker.

That in subdividing the third Tract they have divided the same into Eight equal shares or parts quantity and quality relatively considered which shares consist of Eleven lots as laid down and represented on the aforesaid Map on which said lots are marked and numbered No 1 – No 2 – No 3- No 4 – No 5 – No 6 – No 7 – and No 8 and are particularly described in the aforesaid Field Book pages 9 – 10 – 11 and 12 In which said subdivision

            Lot No 1 containing one hundred & eleven & a half acres Exclusive of the Catskill as represented on said Map and described in the said Field Book page 9 & 10 was set & allotted to George Ecklor –

            And Lot No 2 of said subdivision containing one hundred & seventeen acres as laid down on said map and described in the said Field Book Page 10 was allotted and set to William Ecklor

            Also Lot No 3 of said subdivision containing one hundred and ten acres as laid down on the said map and described in the said Field Book page 10 was set or allotted to John Agard in right of his wife Jane –

            And Lot No 4 of said subdivision consisting of two lots as laid down and represented on said map and containing one hundred and fourteen acres exclusive of that part of the Catskill Creek which is contained within this Lot and which two lots are particular & described in the said Field Book pages 10 & 11 was set or allotted to Andrew Ecklor

            And Lot No 5 of said subdivision containing one hundred and twenty seven acres as laid down and represented in the said map and described fully in the aforesaid field Book page 11th was allotted and set to John Ecklor

            Lot No 6 of said subdivision containing one hundred and five acres and a half acres and lying in two separate Lots as laid down and represented in the said Map and fully described in the aid Field Book page 11th & set and allotted to James Ecklor,

            And Lot No 7 of said subdivision consisting of two separate lots as laid down and represented in the said map and fully described in the said Field Book pages 11 & 12, containing seventy five acres was set & allotted to Benjamin Woodruff in right of his wife Betsey,

            And Lot No 8 of the said subdivision of Lot No 3 of the aforesaid partition containing one hundred and twelve acres as laid down and represented in the said map and described fully in the said Field Book page 12, was set and allotted to David Ecklor

That in making a subdivision of the fourth Tract or Lot of the aforesaid partition your commissioners have divided the same into four equal parcels or shares quantity and quality relatively considered consisting of 4 lots as laid down and represented in said map on which the said lots are marked and numbered No 1 – No 2 – No3 and No 4 and are particularly described in the foregoing Field Book pages 12 & 13 in which subdivision the first share or lot

            Consisting of two lots was set and allotted to James Knickerbocker in right of his wife Charlotte as laid down and represented in said Map and Marked No 1 containing Two hundred and Sixty Seven acres and three quarters and are fully described in the aforesaid Field Book page 12 –

            And Lot No 2 of said subdivision containing one hundred and sixty acres as laid down and represented on said map and fully described in the said Field Book pages 12 & 13 was set and allotted to Jonas Person in right of his wife Eunice –

            And Lot No 3 of the said subdivision containing three hundred and nineteen acres and one quarter and consisting of two Lots as laid down and represented on said a map and fully described in the said Field Book was set and allotted to Henry Ossincup in right of his wife Caty –     And Lot No 4 of said subdivision containing two hundred & fifty Eight acres as laid down and represented on said Map and fully described in the said Field Book page 13 was set and allotted to Albert Salisbury in right of his wife Fanny –

That in subdividing the fifth Tract or share of the aforesaid Partition the commissioners have divided the same into six Equal parts quantity and quality relatively considered consisting of seven lots as laid down and represented in said Map on which said lots are marked and numbered No 1 – No 2 – No 3 – No 4 – No 5 – and No 6 and are particularly numbered in the aforesaid Field Book pages 13, 14 & 15 of which said subdivision

            Lot No 1 as laid down and represented in said map and fully described in said Field Book page 13 was set and allotted to Hannah Taylor –  (Note by transcriber Gene Eiklor – the number of acres allotted to Hannah are not cited in this judgment.  Hannah died sometime before December 1824 when her share was subdivided to her five siblings. The acreage allotted to the siblings was not recorded in this filing.) 

            Lot No 2 of said subdivision containing two hundred acres as laid down and represented in said map and fully described in said Field Book pages 13 & 14 and set and allotted to Robert Hallenbeck, Junior in right of his wife Caty –

            Lot No 3 of said subdivision containing one hundred and ninety acres as laid down and represented in said map and fully described in said Field Book page 14 was set and allotted to Harvey Cole in right of his wife Nancy –

            Lot No 4 of the said subdivision containing one hundred and eighty four acres and consisting of two lots as laid down and represented in said map and fully described in said Field book page 14 was set & allotted to Richard B. Taylor –

            Lot No. 5 in said subdivision containing one hundred and seventy two acres exclusive of the Catskill Creek included in the lot and laid down and represented in the said map and fully described in the said field Book page 15 was set and allotted to John W. Taylor –

            And Lot No 6 of said subdivision containing one hundred and fifty four acres exclusive of the Catskill creek containing in the lot and laid down and represented in the said map and also fully described in the said field Book page 15 was allotted and set to David W. Taylor.

That in subdividing the sixth Tract or Lot of the aforesaid partition your commissioners have subdivided Lot No 6 including a small farm called the Stonegate into five equal shares quantity and quality relatively considered consisting of seven lots as laid down on the said map and marked & numbered No 1 – No2 – No 3 – No 4 – and No 5 – and fully described in the said Field Book page 15 & 16 of which said subdivision

            Lot No 1 consisting of 2 Lots and containing two hundred and Eighty Eight acres as aforesaid in the said map and fully described in the said Field Book pages 15 & 16 was set and allotted to William Dederick –

            Lot No 2 of said subdivision containing three hundred & thirty two acres as laid down and represented in the said map and fully described in the said Field Book page 16 was set & allotted to James B. Dederick –

            Lot No 3 of said subdivision consisting of two lots and containing two hundred and ninety acres and including the Stonegate and laid down and represented on said map and fully described in the said Field Book pages 15 & 16 was set and allotted to Orrin Cole in right of his wife Jane –

            Lot No 4 of said subdivision containing two hundred & ninety acres as laid down and represented in the said map and fully described in the said Field Book pages 16 & 17 was set and allotted to Cornelia Dederick and –

            Lot No 5 of the said subdivision containing two hundred & fifty acres as laid down and represented on the said map and also fully described in the said Field Book page 17 was set and allotted to David W. Taylor in right of his wife Sarah.

Your commissioners further beg leave to report that in their opinion the lot set off and described as a mill seat on the Thorp creek is a very valuable spot, that a grain mill or other water works may be erected thereon with advantage & that the same could not be included in the partition without material going to the owners they therefore take the liberty to recommend that a sale thereof take the liberty to recommend that a sale thereof be made by order of your Honorable Court  - given under our Hands at Cairo this fourth day of January in the year of our Lord one thousand Eight hundred & twenty two –

And there upon on reading and filing the report aforesaid of the said commissioners duly appointed to make partition between the parties aforesaid by which it appears that the said Commissioners have made partition of all the lands in the petition mentioned and described except a small lot around the high falls (so called) in the Thorp Creek and adjoining the Susquehannah Turnpike road which the said commissioners set off as a site for mills containing five acres and sixty four hundredths as represented on a map accompanying the said report and marked “Mill Site” and which they represented ais so circumstances that a partition thereof cannot be made without great forejudge to the owners of the same and do recommend a sale thereof

Therefore it is ordered & determined by the said Court that the report of the Commissioners as to the lands of which they have made partition thereof certified be held firm and effectual forever

And it is further ordered by the said Court that the said commissioners do sell the lot around the High Falls in Thorpe Creek (so called) adjoining the Susquehanna Turnpike Road which the said commissioners set off a site for mills containing five acres & forty four hundredths and which is described in the said report at public place to the highest bidder given at least thirty days notice of the same and place of such sale – which notice shall be published in the paper called the Catskill Recorder printed in the County of Greene and offering the same in three of the public places in the town were the premises to be sold are situated and after said sale that they report the same to this Court

Day is therefore given by the same Court to the said Commissioners until the first Monday in May next at the City Hall in the City of New York to sell the said premises in manner aforesaid and to report the same to the said Court and the same day is given to the said John Barker the petitioner and the said defendants the parties aforesaid there.

And afterwards that is to say on the first Monday in May in the Term of May, one thousand Eight hundred and twenty two at the City Hall in the City of New York before the said Justices of the people of the state of New York of the Supreme Court of Judicature of the same people comes as well the said John Barker & his attorneys aforesaid as the said William Barker, Cornelia Dederick, William Ecklor George Ecklor, & Hannah Taylor, Cornelia Dederick, William Ecklor George Ecklor, & Hannah Taylor by their guardian as also the other defendants in their proper persons, and the same commissioners have sent to the said Court a certain report in writing under their hands by which it appears to the same Court that in pursuance of the directions of the said commissioners given in and by the rule or order aforesaid for the purpose made they the said Commissioners did on the tenth day of April in the year one thousand Eight hundred and twenty two sell the said lot of land at publick venue on the premises to the person and for the price following that is to say the small lot around the high falls in the Thorp Creek so called adjoining the Susquehannah Turnpike Road Bounded as follows Beginning at a stake and stones corner the lot set to William Ecklor in the aforesaid partition and on the north side of said Creek and runs there by said Eiklors line south 33 degrees West Six Chains & Eighty links to the middle of said Turnpike Road South thirty three degrees west thirty three links from a stake & stones on the north side of said road, then by the middle of said road north fifty seven degrees West seven chains to a corner of the lot set to James Barker in the aforesaid partition twenty five links South thirteen degrees West from a stake & stones on the northerly side of said Turnpike road, thence by the line of said James Barker’s Lot north thirteen degrees East seven chains and twenty five links to a stake across the west Bank of the said Creek then south fifty seven degrees east nine Chains and fifty nine links to the place of Beginning containing five acres and Sixty four hundredths to Albert Salisbury for the sum of Seven hundred & thirty six Dollars, which said package was the highest & best Bidder for the said lot or mill site sold to him – And that they the commissioners have given more than thirty days passing notice of the time & place of such sale and which notice was published in the paper called the Catskill Recorder printed in the County of Greene and was affixed in three of the public places in the Town when the said lot or mill site (site was often spelled scite) was situated.

            Therefore it is further considered by the said Court now here that the said sale be valid and effective in the law whereupon and upon the prayer of the said John Barker the said petitioner it is ordered by the said court that the said Commissioners execute a good and sufficient conveyance in the law to the purchaser aforesaid for the premises so sold to him   - and in like manner it is further ordered that the money arising from the sale of the said premises be retained by the said Commissioners and applied by them so far as shall be necessary to pay them costs and charges accruing to them in making partition of the premises a& lands in the suit mentioned – Therefore it is considered that the partition of the lands a& tenements aforesaid made be firm and effectual forever, and also that the sale of the lot herein mentioned made by the said commissioners be valid and effectual in the law and the costs & charges being allowed & paid by the Court according to the directions of the Act aforesaid for defraying the charges & expenses of said partition amount in the whole to Sixteen hundred thirty one dollars and seventy six cents –

            Therefore it is further considered & adjudged that Andrew Ecklor, James Ecklor, David Ecklor, John Ecklor, George Ecklor, William Ecklor, John Agard in the right of his wife Jane, Benjamin Woodruff in the right of his wife Betsey pay to the said John Barker the petitioner, each one equal undivided Eighth part of one sixth of the aforesaid costs

            That Richard B. Taylor, David W. Taylor, John W. Taylor, Harvey Cole in the right of his wife Nancy, Robert Hallenbeck, Jr. in the right of his wife  Caty, Hannah Taylor pay to the said John Barker the petitioner each one equal undivided sixth part of one sixth of the aforesaid costs,

            That James B. Dederick, William Dederick, Orrin Cole in the right of his wife Jane, David W. Taylor in the right of his wife Sarah, Cornelia Dederick pay to John Barker the petitioner each one equal undivided fifth part of one sixth of the aforesaid costs,

            That Henry Ossincup in the right of his wife Caty, James Knickerbocker in the right of his wife Charlotte, Albert Salisbury in the right of his wife Fanny, Jonas Person in the right of his wife Eunice pay to John Barker the petitioner each one equal undivided fourth part of one sixth of the aforesaid costs,

            That George G. Barker, James Barker, Thomas Barker, William Barker, Thomas G. Van Steenbergh in the right of his wife Catherine, William V. G. Calkins in the right of his wife Elizabeth pay to John Barker the petitioner is one equal undivided sixth part of one sixth of the aforesaid costs–

            And it further ordered that John Barker the petitioner have execution for the costs aforesaid answering to the form of the Statute in case made & provided.

Judgment signed this 15th day of May 1822,  Recorded


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