December 17, 1841
Exrs of Nancy Ostrander | Adgr | Haver & wife & | John Pulver | ___________________________|17 Decr 1841
Henry Poucher - knows the parties - knew Nancy Ostrander in her life time & her husband James Ostrander in his life time, he died the same winter his will was Drawn, Knows Peter W. Pulver, sometimes after James illegible our will was drawn Jacob A Haver was then living on a farm of Philip W Pulver & Andrew Miller as their farmer, Ostrander had helped him to a train & outfit & to work farm. that full Haver was fired & Ostrander was apprised of the fact & told me the circumstances & how he had advanced & asked if there was not a chance to save some of the property & by my advise Haver was fetched to my house & he cenfissed [illeg] before me as Justice of the peace & consented to the special Exrs which were issued immediately & they succeeded in getting before some of the other Exrs so that a part of the property was sold under his Executors - then Havers family moved in with Jas Ostrander, then Ostrander was anxious to get a home for Haver & gave Peter W Pulver $50 for an acre of land , I was to make out the deed which I neglected a few days, & Ostrander died which left the money in Pulvers hands, he told me he wanted me to make the deed in such a way that Haver could not make away with it. after Ostranders death I advised Pulver to make the deed to Nancy Ostrander which was asserted to by Haver & the deed was so executed - Haver & family then binded with the widow & she was anxious to get him out of the family, their family was large - She offered to buy the legacy given in Jas Ostranders will to Hawvers wife, Haver refused to sell would not sign off (all this evidence is objected to & taken subject to objection) - I advised Mrs Ostrander to advance the money & take an assignment from Mrs Haver & go on & have the house built - I then Drew an assignment executed & Nancy Ostrander left $35 in money with me gave $10 in money & would help along in all to the amt of $50 for building the house - I let Peter W Pulver have the $35 & took a redt from him for the Expenditures of that house towards building the house, that rect I gave to Nancy Ostrander Pulver & Haver then started & went to building the house, Haver worked at the house himself & got it inclosed & roof on & Havers family moved in & suspended building till fall when Pulver & Haver finished the house. Haver then continued in Pulvers employ 2 or 3 years & Pulver was paid nearly all by Haver except what was got from Mrs Ostrander. - then Haver lived there & was determined to sell, the family consented to the sale to get a wood lot of Judge Miller - on my advice the house & lot was sold & the wood lot bought, the house & lot was sold to P W Pulver for $210 - Nancy Ostrander Deeded to him I do not recolect whether Haver joined in the Deed - myself Peter W. Pulver & Haver went same day to Judge Miller & Haver bought the wood lot & took a Deed in his own & wifes name for the wood lot, for which Peter W Pulver gave his note & Haver gave his note to Peter W Pulver for a small amt the difference between the lots - then an arrangement was made that Haver should take a Deed in his own name & give a mortgage for $210 - which was considered the funds of the family & it was intended to put it in a situation that Haver should not spend it - the mortgage was given & illegible after that a Deed of trust was given, this I advised to be given - I believe I drew all the papers except Judge Millers deed, the Deed of trust was left in my possession - then Haver went to building a house on the wood lot & before he finished it he failed again, was put on the limits 30 days - at time of illegible failure to get the title out of his hands I advised him to Deed it to Nancy Ostrander in consideration of the mortgage & that was done - I drew that Deed - I gave that advise to pay the mortgage & to keep the property out of the hands of his creditors - I advised it upon the strength of the Deed of trust & told him it was perfectly safe in that way, both parties assented to my advise. the Haver family had lived in the Pulver house as Pulvers Tenant - some time after that he bought 1/2 an acre near my barn of Cornls & Jacob Moul I think I drew that Deed to Nancy Ostrander so as not to get it in his hands again - the price was $100. John Ostrander a for of the widow brought down the money - Nancy Ostrander in the mean time had sold to John J Snyder the Miller woodlot & I bought the house both amounted to $210 or over. I guess that was paid to me & I paid it to her sons for her - then the other $110 - which was left & that Nancy Ostrander let her son John have to apply to building a house in the Moul lot, which John Expended in building a house - Jacob A Haver worked at the house & Wm Bame worked at it - Jacob Haver agreed with the Mouls for the lot, after the 110 D. was expended the building was suspended Mrs Ostrander said their money was used up & she would go no further. Haver & family get in the house unfinished. when cold weather came on I went to see Mrs Ostrander & she refused to give another dollar towards it, & said if she did she would never get her pay. I advised the taking of the Deed in her name it was understood the money that was paid was their money I believe she made a recognition in her will - she requested me to see Mr Pulver & said he could get his pay he would work for him. Pulver declined, I then agreed with Haver to do it if he would work for me & did so. I bought materials to finish it & he afterwards paid me in labour, the amount was about $25 - a bee was made one afternoon - then he lived then contented a couple of years 3 or 4 years - then he got it into his head he must sell again & I agreed to pay him $375 which he agreed to take & it was conveyed to me by Jacob A Haver & wife & Nancy Ostrander, I gave my note payable to her left it with her, with the understanding that I was to pay no principle or interest as long as Haver occupied the house - Nancy Ostrander agreed to buy west for him on condition that Philip Pulver would take the trust fund in his own hands, he went west but did not buy Then shortly the widow died before the note was paid the note was paid by me to Aaron H Ostrander after Haver moved out of the house
Mrs Ostrander always spoke of this as the funds of the family & furthermore told me that she intended to appoint John P Ostrander her son as trustee to take charge of it & I was to draw a writing to that Effect -
Henry A Hawver - sworn - is Brother of Jacob A Haver, Knew Nancy Ostrander - Qu: did you ever hear Nancy Ostrander speak of the lot purchased of Cornelius & Jacob Moul, afterwards sold to Henry Poucher - (this Evidence & all other Evidence of the declarations of Nancy Ostrander in relation to the property or her intentions as to the disposition she intended to make of it are objected to as illegal & improper) Ans Yes Sir Qu: Did she state how & for what purpose she held that property Ans - She has often stated it to me. She siad she had it in hand for Jacob A Haver & his family she said he was owing around some & if she had not taken it, they would have get it away from him - she spoke about the building lot they bought of Mouls She said she was afraid after paying for it there would not be enough left to build a house - She said there was $280 She had received of Mr Snyder - the price of the Moul lot she said was $100 - She spoke of the claim she had on the Miller lot & kept it to keep it from the creditors - her calculation was to keep it for the use of the family - heard her talk about the Pulver lot - that Jas Ostrander had bought it & gave $50 for it - she supposed the old man would help Jacob build but he died, & then to get a house she proposed to advance the 50 Ds for his wifes legacy & had done it & that way laid out & for the illegible pact he worked for Peter Pulver - She stated the Miller lot was paid by selling to Peter W Pulver
Henry A Hawver - Note 26 Oct 1837 gave note to Nancy Ostrander - She gave a note to Wm G. Philip with Hy Pincher or seventy five 1/2 in illegible He took the Deed before I built I refund & wanted to have the title, I agreed to take up the Philips note & she to give up the Deed. I took up the note & paid it through Philip P. Pulver She gave Pulver a Deed with my consent. I bought a peice of ground 1 acre for $100. & built. borrowed $50 of Wm . Mrs Ostrander wanted to give me $50 to finish my buildings. She said she wanted Aaron to pay the assignment of the $50 legacy in James Ostrander to my wife & which had been assined to her. when I went up Aaron pd me $25 in money & note of $25 - this was in Oct 1837.- the widow then said he wanted a peice of writing to show that she had given me this money & he gave her this note. it was drawn by A. H. Ostrander & when I bought I pd the money. I mortgaged in the fall to Wm Smith for $50 - then mortgaged to Smith for $50 & then mortgaged to Hy Poucher & the turning with Poucher for $250 - this mortgage was given in the spring as she died in Feby - as to honest debts I would pay - but my property was so fixed that they could not compel me to have paid it.