Tuesday, September 29, 2015

The 9 Children of Elijah West (1722-1798)

Compiled by Joy Ikelman, September 2015. Disclaimers apply.

Children of Elijah West (1722-1798)

Thomas West (1630/1631-1720) m. Phebe Waters
       - Benjamin West (1665-1733) m. Hannah Shadduck
            - Benjamin West, Jr. (1696-after 1739) m. Mehitable Bailey
                  - Elijah West (1722-1798) m. (1) unknown; (2) Hannah Thurber
                        - Children of Elijah West: Benajah, David, Elisha, Mary, Abigail,
                            Susan, Elizabeth, Sophia, Lewis   

Please see the blog article about Elijah West for his story: http://westproj.blogspot.com/2015_08_01_archive.html

In 1774, Elijah West (a widower) moved from Pawling, Dutchess County, New York, to Windsor, Windsor County, Vermont. He left behind his five children: Benajah, David, Elisha, Mary, and Abigail. He started a new family with Hannah Thurber Nichols. Their children were Susan, Elizabeth, Sophia, and Lewis.

Elijah West bought land in Windsor using the names of his first five children. He never told them about the land deed. In 1785, West petitioned the court to annul the deed, probably to put it in his own name. He admitted that he did not know where his first five children were, or if they were still alive. The court managed to find them, and the land was re-conveyed to West. By doing this, Elijah West excluded his first five children in New York from any property or wealth that he acquired in Vermont.

The petition of Elijah West connected the children in New York to the children in Vermont. It also connected one of our FG#5 DNA participants back to Thomas West in the 1600s. This article gives a bit of information about Elijah West’s known children.


Children of Elijah and His First Wife
(1) Benajah West
In 1967, an 85-year old genealogist offered “$50 for first documentary evidence of the parents and birthplace of Benajah West.” [1] That is about $350 in today’s money. [2] The fellow must have been researching a long time!

Benajah was born on 17 Sep 1752. [3] Family tradition says Benajah was born and died in New Lebanon, Columbia County, New York. However, in 1752 New Lebanon did not exist. Columbia County did not exist. This area was comprised of “the Canaan settlements” within the Van Rensselaer Manor. [4] Perhaps he was born in one of these settlements.

When Benajah was 6 years old (1758), his father rented land in Beekman Patent, Dutchess County, New York. [5] At age 19 (1771), Benajah has an entry in the ledger of Daniel Merritt’s general store in Quaker Hill (Pawling). [6]

Marriage to Anna Younglove. Benajah West and Anna (or Annah) Younglove were married in July of 1775. [7] Anna’s parents, Isaiah Younglove and Mary Lucas, lived in Cambridge, New York at that time. There is a lot of information on the Younglove family. Their immigrant ancestors, Samuel and Mary Younglove, settled in Ipswich, Essex County, Massachusetts in 1635. [8] Benajah West’s ancestors had also settled in Essex County.

Benajah and Anna were the parents of the following children: Sarah (“Sally”), Mary (“Polly”), Azuba, Marcia, Elijah, David, Abraham, Anna, Elizabeth, Lydia, Eliza, and Isaiah. I have not verified this list of children. I noticed a lot of information on-line. The first three children were baptized at the Schaghticoke Dutch Reformed Church, Rensselaer County, NY [9]

Petition for Military Assistance. In 1777, more than 100 men of Saratoga and Cambridge sent a petition to New York Governor George Clinton. [10] Benajah West and Isaiah Younglove, his father-in-law, were among the signers. The petitioners—living in the frontier of New York—requested that military aid be sent to their region. They expected an attack at any time.

Your Petitioners are Expos’d to the Incursions of the Savages and their more Savage abettors, the British and Tories from Canada, that your Petitioners have Great reason to Expect that the Enemy will Commit depredations on them, and that if they are Under the necessity of Guarding the Frontiers, Their farms must lay waste and their families Exposed to Inevitable want and the Greatest distress.

This was in April. The request was denied by Governor Clinton. He said the current number of troops was sufficient. In June, the British “Saratoga Campaign” began. Forces led by General John Burgoyne moved from Quebec, Canada, down through the Hudson Valley to Saratoga. [11] Local militia forces added to American troops led to a victory, although not without casualties on both sides. General Burgoyne surrendered in October.

Revolutionary War Service. Benajah West belonged to one of the militia regiments fighting Burgoyne’s forces. In July of 1777, Benajah West joined a new regiment led by Colonel Lewis Van Woert—the 16th Cambridge, Albany County, New York militia. [12] West was a Private in Captain John McKillip’s Company [13]. At the time he resided in King’s District, Albany County, New York. [14] I could not find his exact service years.

Census Records. Benajah was mentioned in the 1775 land deed of Elijah West, along with David, Elisha, Mary, and Abigail. All lived in Dutchess County. When the court reviewed the document in 1785, the court discovered that Benajah had moved to Albany County. [15] He appears in the 1790 United States Federal Census as a resident of Cambridge, Albany County, NY. Cambridge would later be designated as part of Columbia County. In the 1800 and 1810 Census his residence is Canaan, Columbia County, NY. In the 1820 Census his residence is Lebanon, Columbia County, NY. [16]

Petitioning for a Pension. In January 1832, Benajah West and other men petitioned the U.S. Government, “respectively praying that their names may be placed on the pension list of the United States.” [17] Most of the requests were passed along to Committees; Benajah’s was tabled. [18]

Deaths of Benajah and Anna West. Anna West died 20 Aug 1821. Benajah West died 30 Dec 1832 in New Lebanon, Columbia County, NY. The tombstone is in the Cemetery of the Evergreens, New Lebanon, New York. However, it might have been moved there. George West Van Siclin, in his application for the Sons of the American Revolution, wrote (in 1896):

        Benajah West, under whom I am entitled to membership in the S.A.R. lies buried in the door yard of the farm-house of his deceased daughter Lydia West Warner, in New Lebanon, Columbia Co., N.Y.; his tombstone is there. The family Bible of his son, David West of Hudson, N.Y., my grandfather, has descended to me and is in my possession.
        The first entry in the fly-leaves between the Testaments relates to Moses Younglove and wife; the next one, which was there before I can remember, and over fifty years ago is “Benajah West born Sept. 17th, 1752, old style. Died Decr. 30th, 1832. Annah Younglove, Born October 23rd, 1758, Died Aug. 20th 1821, married July 1775.” Annah Younglove West’s tombstone is next to that of her brother Dr. Moses Younglove in the old burying ground, Hudson, N.Y. [19]


(2) David West
David West was born 25 Feb 1758—the year that his father first leased land in Dutchess County. [20] We are particularly interested in David West, as he is the direct ancestor of a West FG#5 DNA participant. The birth date is from a Quaker record that mentions his birth place as Pawling, Dutchess County, New York. [21] The town of Pawling was officially founded in 1788, but it was a precinct created from Beekman’s Patent beginning in 1768. [22]. Therefore, the location in the Quaker record is correct.

David West married Susannah (or Susanna) Hoag [23] who was from an established Quaker family. She was the daughter of Benjamin Hoag, Jr. and Lydia Jones of Amesbury, Essex County, Massachusetts. [24] David and Susannah’s known children are Benjamin West, Abraham West, and Levi West. More information about this West family will be in a future blog article. The article will show the family against the backdrop of Quaker history.


(3) Elisha West
Elisha West was born in Pawling, Dutchess County, New York. My theory is that Elisha West was born about 1760 to 1762. Census records show that David is older than his brother Elisha.
In 1777—three years after his father Elijah moved to Windsor—Elisha was involved in a court case.  Elisha was boarding at John Caswell’s house when a murder occurred on the Caswell property. The victim was Lieut. Ephraim Nichols, a settler in Pawling, and a Patriot who had served as a Minute Man in 1776. [25] This murder occurred on 30 Jun 1777. Elisha West was arrested along with eleven others—including John Caswell—and confined to jail. [26]

By 1777, Dutchess County was tense with vigilante activities. New York had declared its independence, and anyone with Tory leanings was suspect. The Caswells had been singled out in other incidents. One family historian wrote: “The Caswell family seems to have been very Tory minded and may account for many of their later migrations.” [27]

Elisha gave the key testimony in the investigation:

        Elisha West being duly sworn, Deposeth & Saith, that on Monday Evening last being the same time when Lieut Ephraim Nichols was shot, the Dept Lodged at the house of John Casewell, where that affair happened; That he does not know what time in the night it was, as he was asleep & did not hear the report of the Gun or Guns.
        That some time after Lieut Nichols was slain two men came up in the Chamber where the Dept lay, the one of them named Moses Northrop havg a sword in his hand addressing himself to the Dept said, that he need not be afraid, that he confessed he had fired the Gun; The other person appeared to have no Arms. That Northrop asked the Dept if there were no Damn’d Rebels up in the Chamber, that upon Examining the Chamber, and finding no person there but the Dept they Departed.
        The Dept further saith, that in the Evening when he retired to bed, he saw no other person there, save, John Casewell & his family, that Casewell was gone to bed before the Dept but that he was not home at that time of night, when the said two persons came up in the Chamber to him.           That the next morning he was informed by the way of Nehemiah Merit, that a party of Tories had been concealed there, back of the house of said Jno Casewell in the woods, and had sent thither for provisions, but recd none. [28]

Elisha West signed “his mark.” The phrase “Damn’d Rebels” referred to Tory sympathizers. On 18 Jul 1777, Elisha was discharged from prison after taking the Oath of Allegiance to the State of New York. [29] John Caswell was sent to the Fleet Prison [30] on Esopus Creek, Kingston, NY—“a place of detention for disloyal and unsafe men.” [31]

The Caswells had been neighbors of the West family. Nehemiah Merritt, also mentioned (above) was another neighbor. [32]

Census Records. In 1785, Elisha lived in Dutchess County, New York according to the investigation of Elijah West’s land deed. [33] The 1790 Census records show both Elisha and David living in Washington, Dutchess County. [34] In 1800, Elisha was counted in Stanford, Dutchess County. [35] His brother, David, still lived in Washington township. Stanford was created from the town of Washington, so it is likely that Elisha did not move. The Census of 1800 indicates that Elisha and his wife probably had two girls and four boys. There is another Elisha West that appears in the 1800 Census. Elisha West of Woodstock, Windsor County, Vermont was a church musician, music teacher, and composer. [36] In 1800, he lived in Pomfret, Windsor County, Vermont. [37]

Tax Rolls. The New York Tax Assessment Rolls for 1799, 1800, and 1801 show that Elisha owned a very small house in Stanford. [38]


(4) Mary West
There is a “Mary West” recorded in the 1771 ledger of Daniel Merritt’s general store in Quaker Hill (Pawling). The Wests are listed in this order: “Mary West, Elijah West, Delight West, Aaron West, Clement West and wife Sarah, and Benajah West.” [39] Mary could be (1) the wife of Elijah West; (2) the daughter of Elijah West; (3) the daughter of Clement and Sarah West; or, (4) from a different West family.

Mary was mentioned in the 1775 land deed of Elijah West, along with Benajah, David, Elisha, and Abigail. She lived in Dutchess County, New York, in 1785. [40]


(5) Abigail West
In his petition to the court in 1785 to nullify his land deed, Elijah West neglected to include Abigail’s name. [41] When the court reviewed the case, they made the correction:

Whereas, it appears by the testimony of sundry persons, and especially by the testimony of the former town clerk for said town of Windsor, that the record of a certain deed or conveyance of land, made by Watts Hubbard of said Windsor, to Benajah West, of Albany county, and David West, Elisha West, Mary West, and Abiga[i]l West, of Dutchess county, in the (then) province of New York, made and executed on the eighth day of December, Anno Domini, seventeen hundred and seventy-five, was made on the said town book, through mistake . . . [42]

From this we see that in 1775 and 1785, Abigail West lived in Dutchess County, New York.



Children of Elijah and Hannah West
In 1774, Elijah West moved to Windsor, Windsor County, Vermont and started a new family with his second wife. She was a widow named Hannah Thurber Nichols. She was 24 years old and Elijah was 52. Hannah had previously been married at the age of 16 to Josiah Bennett Nichols (from Windsor). [43] Hannah and Josiah lived in Hants County, Nova Scotia, Canada. They had one son, Samuel Nichols. Josiah Nichols died before 1774. Hannah left her son in Canada when she moved to Vermont. [44] We do not know if Samuel eventually came to Windsor. Elijah and Hannah had four known children.


(1) Susan (or Susannah) West
Susan (or Susannah) West was born in 1774—the same year that Elijah moved to Vermont from Pawling, Dutchess County, New York. [45] She was most likely born in Windsor, Windsor County, Vermont. Susan did not marry. On 4 Oct 1812, she became a member of the First Congregational Church of Windsor. [46] She died on 19 Jun 1825—she was 51 years old. [47]


(2) Elizabeth West
Elizabeth West was born 29 Jan 1776 in Windsor, Windsor County, Vermont. [48] She married Abner Forbes in Windsor on 24 Sep 1797. [49] They had two children—Charles Forbes and Elizabeth West Forbes. [50]

Elizabeth died on 1 Jan 1801, [51] less than two months after her daughter was born. Abner did not remarry for more than four years. He then married Sarah Spooner on 4 Sep 1805. Abner and Sarah Forbes had thirteen children. [52]

Abner Forbes died on 28 Dec 1828 [53] in Montpelier, VT. [54] He was 57 years old. His tall monument in the Old South Church Cemetery (Windsor) reflects his status. He served Vermont in many capacities: Colonel and General, bank president, judge, and representative in the State Legislature. [55] Elizabeth West and Sarah Spooner are listed on the monument. [56] It is likely that all three are buried at that site.

Abner Forbes and his brother-in-law Allen Hayes were administrators of the estate of Elijah West. [57]


(3) Sophia West
Sophia West was born in 1777 or 1778 in Windsor, Windsor County, Vermont. She died on 2 May 1846 at the age of 68. [58] She married (Captain) Thomas Allen Hayes, a prominent Windsor merchant, in 1796 or 1797. He was born 12 July 1756 in Connecticut, and died on 18 Feb 1831. [59] They were both buried at Old South Cemetery, Windsor, Vermont. [60]

There is a story associated with Sophia West and Allen Hayes:

It is related that this inn-keeper, Mr. West, had a daughter born to him in that memorable year, 1777, and that her name was Sophia. At the bewitching age of nineteen she took, one evening, a brief but rather unexpected walk with a mature bachelor of some forty years, to the parson’s residence at the north end of the village, and returned as the bride of her escort, Mr. Allen Hayes—a thriving merchant of the village . . . [61]

Allen and Sophia had three known children: Eliza Hayes, Augustus Allen Hayes, and Sophia West Hayes. [62]

Hayes eventually moved his mercantile business to the building where his mother-in-law, Hannah West, had kept a millinery shop. [63] Allen Hayes and his brother-in-law Abner Forbes were administrators of the estate of Elijah West. [64]


(4) Lewis R. Morris West
Lewis West was born about 1788 in Windsor, Windsor County, Vermont. [65] He was probably named after a Windsor selectman and Windsor County Clerk at the time—Lewis Richard Morris. [66] Mr. Morris later became active in Vermont government. [67]

Lewis West was about 10 years old when his mother and father died. The property of Hannah and Elijah West was to be divided among their children: Susan, Elizabeth, Sophia, and Lewis. In October 1799, Allen Hayes and Abner Forbes (both were sons-in-law) filed a petition to legally include Lewis (a minor child) in the transactions.

Petition of Allen Hayes & Abner Forbes Adms of Elijah West, filed Oct 14, 1799
    —humbly Sheweth,
    That your Petitioners being Appointed (by the Honble Elijah Robertson, Judge of Probate for the district of Windsor) Administrators on the Estate of Elijah West Late of Windsor deceased—as by the Letters of the Sd Judge bearing dait the 23d day of novemr 1798—may appear, Which estate belongs equally to four heirs, three of which, are of lawfull age to act for them Selves, but that the fourth is a minor of only eleven Years of Age—
    --that the Value of Sd Estate consists chiefly in Buildings, much exposed to Accidents by fire & subject to decay—that they now have an offer for the whole of Sd Real estate, which the three eldest of the Sd heirs wish to have us Accept . . . [68]

In November 1799, a bill was passed in the Vermont House of Representatives to settle the matter:
A bill, passed in the house of Representatives, Entitled “An act to enable Allen Hayes and Abner Forbes to sell and convey all the real estate of Lewis R. Morris West, a minor,” was set up for revision, &c. and being read, Resolved, To concur in passing the same . . . [69]


References and Additional Notes
Benajah West
1. New England Historic Genealogical Society, 1967: The New England Historical and Genealogical Register, Volume CXXI, January, p. 240. The query is from C. Hamilton West of St. Cloud, Minnesota.
2. The inflation calculator that I used is at http://www.davemanuel.com/inflation-calculator.php. Accessed Jun 2015.
3. Find-a-grave listing for Benajah West. http://www.findagrave.com. Accessed April 2015.
4. John L. Brooke, 2010: Columbia Rising: Civil Life on the Upper Hudson from the Revolution to the Age of Jackson, University of North Carolina Press, Chapel Hill, North Carolina, p. 174.
5. Frank J. Doherty, 2005: “Lee to Millington,” Settlers of the Beekman Patent, Dutchess County, New York; An Historical and Genealogical Study of All of the 18th Century Settlers in the Patent, Volume 8, Frank J. Doherty, New England Historic Genealogical Society, Pleasant Valley, New York, p. 758.
6. Warren H. Wilson, 1907: Quaker Hill, A Sociological Study, Columbia University, New York, New York, p. 166.
7. George West Van Siclin, 1896: Application for Membership, Empire State Society of the Sons of the American Revolution, 9 January 1896.
8. Cuyler Reynolds, 1911: Hudson-Mohawk Genealogical and Family Memoirs, Volume II, Lewis Historical Publishing Company, New York, p. 829.
9. New York Genealogical and Biographical Society, 1929 to 1934: Baptisms at the Schaghitoke Dutch Reformed Church, 1752-1866. Copied to the Rensselaer County, NY GenWeb site by Debby Masterson.  http://www.rootsweb.ancestry.com/~nyrensse/index.htm. Accessed September 2015.
10. State of New York, 1900: Public Papers of George Clinton, First Governor of New York, Volume III, James B. Lyon, State Printer, Albany, p. 209-212.
11. Wikipedia, “Battles of Saratoga.” https://en.wikipedia.org/wiki/Battles_of_Saratoga. Accessed July 2015.
12. George Neild West, 1914: Application for Membership, Empire State Society of the Sons of the American Revolution, 2 Jan 1914.
13. Sons of the American Revolution, 1899: Register of the Empire State Society of the Sons of the American Revolution, Empire State Society, New York, p. 571-572.
14. Daughters of the American Revolution Genealogical Research Database. http://services.dar.org/Public/DAR_Research/search/. Accessed April 2015. The Canaan settlements were located within the King’s District. Eventually this would be part of Columbia County.
15. William Slade, compiler, 1823: Vermont State Papers: Being a Collection of Records and Documents, Connected with the Assumption and Establishment of Government by the People of Vermont, J. W. Copeland, Middlebury, Vermont, p. 504.
16. United States Federal Census of 1790, 1800, 1810, 1820. Records of the Bureau of the Census, National Archives, Washington, D.C.
17. House of Representatives of the United States, 1831: Journal, Volume 22, Issue 1, U.S. Government Printing Office, p. 187.
18. Ibid., p. 207.
19. Van Siclin, Sons of the American Revolution application.

David West
20. Doherty (2005), p. 758.
21. Josephine C. Frost, compiler, 1910: “Members of Hartland Monthly Meeting, Niagara County, New York, Residing at Elba, Genesee County, New York,” Quaker Records, Hartland Monthly, Niagara Co., NY, p. 4.
22. Wikipedia, 2015: “Timeline of Town Creation in the Hudson Valley.” https://en.wikipedia.org/wiki/Timeline_of_town_creation_in_the_Hudson_Valley. Accessed September 2015.
23. Frank J. Doherty, 2003: “Hadden to Hunt,” Settlers of the Beekman Patent, Dutchess County, New York, Volume 6, p. 527. This information is in the “Hoag” family section, and it is possible that the original  information is from Quaker records. The line in Doherty reads: “Susanna, b. 3 July 1755; m. David, b. 25 Feb. 1758, son of Elijah West of Beekman.”
24. Josephine C. Frost, compiler (unknown date): “Quaker Births from Oblong Monthly Meeting, Dutchess County, New York.” LDS Film #873511, transcribed by Debbie Axtman, 1999. Lists the children of Benjamin Hoag, Jr.

Elisha West
25. Frank J. Doherty, 1990: “Historical Records,” Settlers of the Beekman Patent, Dutchess County, New York, Volume 1, p. 426.
26. State of New York, 1925: Minutes of the Committee and of the First Commission for Detecting and Defeating Conspiracies in the State of New York, December 11, 1776 – September 23, 1778 with Collateral Documents. New York Historical Society, New York, NY, p. 328.
27. Ray Johnston, 1979: “Letter to Miss Margaret Craven, Tillsonburg, Ontario, from Ray Johnston, Dayton, Ohio, 3 September 1979.” Elgin County, Toronto, Canada Archives. http://www.elgin.ca/elgincounty/culturalservices/archives/tweedsmuir/Eden%20Vol%204/page%200028%20-%200032.pdf. Accessed June 2015.
28. State of New York, p. 329.
29. Ibid., p. 338.
30. Ibid., p. 354, 392. John Caswell was at Fleet Prison from August through October.
31. Benjamin M. Brink, 1913: “The Lady Washington Galley,” Old Ulster: An Historical and Genealogical Magazine, Volume 9, Ulster County, New York, p. 306.
32. Doherty (1990), p. 352. The Caswell and Merritt families were mentioned in the road survey of 1761.
33. Slade, p. 504.
34. Census of 1790, Dutchess County, New York. Records of the Bureau of the Census, National Archives, Washington, D.C.
35. Census of 1800, Dutchess County, New York. Records of the Bureau of the Census, National Archives, Washington, D.C.
36. Henry Swan Dana, 1889: “Church Music and Singing Schools,” History of Woodstock, Vermont, Houghton-Mifflin, p. 220-223.
37. Census of 1800, Pomfret, Windsor County, Vermont. Records of the Bureau of the Census, National Archives, Washington, D.C.
38. New York Comptroller’s Office, 1799-1804: Tax Assessment Rolls of Real and Personal Estates, New York State Archives, Albany, New York. Digital data at Ancestry. Accessed April 2015.

Mary West
39. Wilson, p. 166.
40. Slade, p. 504.

Abigail West
41. Edward A. Hoyt, compiler, 1952: “General Petitions: 1778-1787,” Journals and Proceedings of the General Assembly of the State of Vermont, Volume 8, p. 183.
42. Slade, p. 504.

Elijah West and Hannah Thurber Nichols
43. Hants County, Nova Scotia Registration Year 1766, Book 1700, p. 45, at http://www.novascotiagenealogy.com.  Accessed June 2015.
44. Katherine E. Conlin, Wilma Burnham Paronto, and Stella Vitty Henry, 1977: Chronicles of Windsor, 1761-1975, The Countryman Press, Taftsville, Vermont, p. 117.

Susan West
45. Sherman Evarts, 1914: “The Vermont Constitution and the Constitution House,” The Vermonter, Volume 19, Number 4, April, 1914, p. 61.
46. Ezra Hoyt Byington, 1898: History of the First Congregational Church of Windsor, from 1768 to 1898, The Journal Company, Windsor, Vermont, p. 58.
47. Vermont Vital Records, 1760-1954: True Copy of a Death Record for Susan West. Karl W. Perkins, Town Clerk, Windsor, VT, 27 July 1921. Family Search record, http://www.familysearch.org. Accessed July 2015.

Elizabeth West
48. Vermont Vital Records, 1760-1954: Birth record of Elizabeth West. Family Search record, http://www.familysearch.org. Accessed September 2015.
49. Vermont Vital Records, 1760-1954: Marriage record for Abner Forbes and Elizabeth West. Family Search record, http://www.familysearch.org. Accessed September 2015.
50. Lewis Cass Aldrich and Frank R. Holmes, editors, 1891: History of Windsor County, Vermont, D. Mason and Company, Syracuse, New York, p. 309.
51. Vermont Vital Records, 1760-1954: True Copy of a Death Record for Elizabeth Forbes. Karl W. Perkins, Town Clerk, Windsor, VT, 27 July 1921. Family Search record, http://www.familysearch.org. Accessed September 2015.
52. Aldrich and Holmes, p. 309.
53. Vermont Vital Records, 1760-1954: True Copy of a Death Record for Hon. Abner Forbes. Karl W. Perkins, Town Clerk, Windsor, VT, 27 July 1921. Family Search record, http://www.familysearch.org. Accessed September 2015.
54. Lawrence G. Fobes, 1972: The Fobes Family in America: The Descendants of John Fobes, Immigrant in 1636 to Duxbury, Massachusetts, Volume 2, Self Published, Atlantic Highlands, New Jersey, p. 72. Abner Forbes’ ancestors used the name “Fobes.”
55. Ibid.
56. Find-a-grave listing for Abner Forbes. http://www.findagrave.com. Accessed August 2015.
57. Ed Soule Allen, compiler, 1962: General Petitions, 1797-1799, State Papers of Vermont, Volume 11, Vermont Secretary of State, p. 425-426.

Sophia West
58. Vermont Vital Records, 1760-1954: True Copy of a Death Record for Hayes, Sophia West. Karl W. Perkins, Town Clerk, Windsor, VT, 29 July 1921. Family Search record, http://www.familysearch.org. Accessed September 2015.
59. Vermont Vital Records, 1760-1954: True Copy of a Death Record for Hayes, Allen. Karl W. Perkins, Town Clerk, Windsor, VT, 29 July 1921. Family Search record, http://www.familysearch.org. Accessed September 2015.
60. Find-a-grave listing for “Capt Allen Hayes.” http://www.findagrave.com. Accessed August 2015.
61. Each child is documented in Vermont Vital Records, 1760-1954.
62. Hamilton Child, 1884: Gazetteer and Business Directory of Windsor County, Vermont, for 1883-1884, The Journal Press, Syracuse, New York, p. 267.
63. Conlin et. al, p. 40.
64. Allen, p. 425-426.

Lewis R. Morris West
65. Based on the probate record of Elijah West.
66. Aldrich and Holmes, p. 99. Lewis Richard Morris was the Windsor County Clerk from 1789 to 1796.
67. Wikipedia, “Lewis R. Morris.” https://en.wikipedia.org/wiki/Lewis_R._Morris. Accessed May 2015.
68. Allen, p. 425-426.
69. E.P. Walton, editor, 1876: Records of the Governor and Council of the State of Vermont, Volume IV, J. & J.M. Poland Press, Montpelier, Vermont, p. 250.

Monday, August 24, 2015

Elijah West (1722-1798) Connecticut, New York, and Vermont

Compiled by Joy Ikelman, August 2015. Disclaimers apply.

Elijah West (1722-1798)
Connecticut, New York, and Vermont

Thomas West (1630/1631-1720) m. Phebe Waters
       - Benjamin West (1665-1733) m. Hannah Shadduck
            - Benjamin West, Jr. (1696-after 1739) m. Mehitable Bailey
                  - Elijah West (1722-1798) m. (1) unknown; (2) Hannah Thurber
                       

Early Years of Elijah West
Elijah West was born 23 Aug 1722 in Middletown, Middlesex County, Connecticut. [1] He was baptized on 23 Sep 1722 at Middletown First Congregational Church. [2]

Elijah was the son of Benjamin West, Jr. and Mehitable (or Mehitabel) Bailey. His grandparents were Benjamin West, Sr. and Hannah Shadduck. His great-grandparents were Thomas West and Phoebe Waters of Essex County, Massachusetts. [3] Elijah West grew up in what is today called East Hampton, Middlesex County, Connecticut, south of Lake Pocotopaug. [4]

Elijah had eight known siblings: Moses West (1720-1794), Hannah West (b. 1724/1725), Benjamin West (b. 1728), Israel West (bapt. 1730), Abigail West (bapt. 1732), John West (bapt. 1734), David West (1736-1822), and Aaron West (1739-possibly 1757). [5]


Mystery Years
In 1752, when he was 30 years old, Elijah and his wife (her name is unknown) had their first child, Benajah. Family tradition says Benajah was born and died in New Lebanon, Columbia County, New York. However, in 1752 New Lebanon did not exist. Columbia County did not exist. This area was comprised of “the Canaan settlements” within the Van Rensselaer Manor. [6] Perhaps Elijah West leased land there before he moved to the Beekman Patent in Dutchess County, New York.

Manors and Patents. Beginning in 1686, large land grants were given to a few (wealthy) individuals to encourage settlement. The goal was to cultivate land, create economic benefits, and expand territory against the French in Canada. [7] These land grants—known as patents or manors—were named for the primary owner, or partnerships.

Most of the land was leased to farmers. The tenant paid a yearly rent of crops, livestock, and/or labor. By improving the property with dwellings, outbuildings, and successful cultivation, the tenant was able to trade up. Eventually he might be able to buy land of his own—outside of the patent or manor.

During most of the 1700s, Columbia and Dutchess counties were part of Albany County, New York. This area was settled “in the south by immigrants from Massachusetts and Connecticut, and the northern part by Dutch settlers.” [8] The greatest number of New England settlers came into the Dutchess County area between 1740 and 1755. [9] Elijah West was probably one of those settlers, as was his second cousin William West.

William West. William West (1717-1804)[10] moved from Windsor, Hartford County, Connecticut to New York—into the same geographical regions as Elijah.  William West leased land in at least three patents. In 1740, he farmed in the Loonenburg Patent of (today’s) Greene County. His first three children were baptized in at Zion Lutheran Church in Athens, New York. [11] In 1752, their last child, David, was born in Upper Amenia, New York, [12] which was in the Great Nine Partners Patent of Dutchess County. In 1804, William West died in Hillsdale, New York. This was located within the Van Rensselaer Manor.

The Will of William West, dated 30 Apr 1789, states: “. . . The other children to receive their portions as stated from the value of the dwelling and adjacent lands (the messuage) of my tenement.” [13] West Family genealogist Beatrice West Seitz says, “This last statement confirms the fact that William was a tenant farmer on the Van Rensselaer estates.” [14]


Beekman Patent, Dutchess County, New York (1758-1774)
On 1 May 1758, Elijah West began leasing land in Beekman Patent in the southeastern portion of Dutchess County. The land was 41 acres within Lot #4. [15] He was 36 years old.

Fortunately for us, there is a record of rents from 1 May 1759 that include Elijah West’s 40 acres. His yearly rent was six bushels of wheat (marked as not paid as of May 1, 1759), four fowls (usually meaning “fat hens”), and two days of riding. [16] “Riding” referred to use of the renter’s labor for any projects that might be needed by the landlord. [17]

This road was laid out in 1761.

9 March 1761 . . . Laid out the following Roads; Beginning at the West side of the dwelling house of Robert Miller Running Northerly through the land of said Miller on the West side of his barn to a white ash sapling Standing on the Line Between said Miller and the Land of Robert Kaswell, thence Northerly through the said Kaswell’s land to the land of Elijah West thence North East about six Rood thence Northerly to the Land of Nehemiah Merritt thence North East through the land of said Merritt to the Old Bridge thence over the Brook by a Northerly course to and over the Bridge over the Mill Dam to the Contrey Road. [18]

In 1764, West rented more land—this time in Lot 8. [19] He built an inn (with a tavern) on this land. He continued to farm in Lot 4. In 1770, a court document referred to Elijah West’s inn. The judge ordered two teenagers to “. . . keep the peace and be of good Behaviour towards the King and all his Liege People, and especially towards Elijah West and his family of Pauling’s Precinct in said County, Inn Keeper.” [20] Pauling’s Precinct was created from Beekman’s Precinct in 1764. [21] Catherine Pauling was the daughter of Henry Beekman. “Pauling” eventually was re-spelled “Pawling.”


Charter Member of Charlotte Township       
In 1762, Elijah West and about 60 other people were proclaimed charter members of Charlotte Township in the New Hampshire Grants. [22] Today this is Charlotte, Chittendon County, Vermont. West’s neighbors—Nehemiah Merritt and Robert Caswell—were also listed, as were many others from Beekman Patent. Other townships were chartered at the same time. It was an opportunity for individuals to finally work toward land ownership. However, in 1764, a royal order declared that the lands belonged to the Province of New York and not to New Hampshire. In 1770, the various grants were declared invalid by the New York Supreme Court. The grantees had to return their charters. [23] None of the original grantees settled in Charlotte. No permanent settlement occurred there until 1784. [24]


Children of Elijah West and His First Wife
The known children of Elijah West and his first wife (name unknown) were: Benajah West (b. 1752); David West (b. 1758); Elisha West (b. ca 1760); Mary West (b. before 1774); and, Abigail West (b. before 1774). For more information see The Children of Elijah West on this blog site.


Ledger of Daniel Merritt’s General Store
There were several general stores in the Beekman Patent neighborhoods. Seven Wests are recorded in the ledger of Daniel Merritt’s store, dated 1771. [25] The Wests are listed in this order: “Mary West, Elijah West, Delight West, Aaron West, Clement West and wife Sarah, and Benajah West.” Mary could be (1) the wife of Elijah West; (2) the daughter of Elijah West; (3) the daughter of Clement and Sarah West; or, (4) from a different West family. It is highly likely that Clement West was a part of Family Group #20—descended from Francis West and Susannah Soule.[26] Delight West is unknown, and Aaron West is unknown.


Windsor, Windsor County, Vermont (1774-1798)
In 1774, Elijah West was age 52, and probably a widower. He moved to Windsor, Windsor County, Vermont. [27] He left his children behind in Dutchess County. Benajah was 22, David was 16, Elisha was about 13, and Mary and Abigail were possibly 10 or younger. His new wife was Hannah Thurber Nichols. She was 25 years old. [28] In May 1775, Daniel Merritt took over the lease of Elijah West’s farm on Lot 4 in Dutchess County. [29] Nehemiah Merritt eventually managed rent payments for the farm on Lot 8. [30] He had been Elijah West’s neighbor.



Hannah Thurber Nichols West
Hannah was the widow of Josiah Bennett Nichols of Windsor, VT. She was born in Portsmouth, Newport County, Rhode Island on 30 Apr 1750. She was the daughter of Benjamin Thurber and Elizabeth Hallett. [31]

Her family moved to Nova Scotia in about 1763. In 1766, she married Josiah Nichols. Hannah was 16. The legal bond for the first marriage was recorded in the Hants County, Nova Scotia records. Paperwork was drawn up on 17 May 1766 so that “Josiah Bennet Nichols Batchelor & Hannah Thurber Spinster may lawfully solemnize marriage together in the same afterwards remain & continue for Man & Wife according to the Laws in that behalf provided.” [32] They had one child, Samuel Nichols. Hannah left Samuel in Nova Scotia when she moved to Vermont after the death of her husband. [33]

Hannah had a millinery shop in Windsor, VT, located near Elijah West’s tavern. Her son-in-law Allen Hayes eventually moved his business into this location. [34]


Children of Elijah and Hannah West
The known children of Elijah West and his second wife, Hannah Thurber Nichols West were: Susannah West (b. 1774); Elizabeth West (b. 1776); Sophia West (b. 1778); and, Lewis R. Morris West (b. ca. 1788). For more information see The Children of Elijah West on this blog site.


Controversial Land Deed
Note: A transcription of the court documents may be found after the Reference section of this article.
On 8 Dec 1775, Watts Hubbard [35] of Windsor, Vermont, deeded land to Elijah West. The purchase was listed in the names of Elijah’s children, in this order:  Benajah West, David West, Elisha West, Mary West, and Abigail West. [36] This arrangement was possibly to keep the land from being seized by Loyalists. Two years later, in 1777, Elijah West was running an inn/tavern he built on his land.  

In 1782, the deed was copied into the official Windsor town records without Elijah’s knowledge. In 1785, the deed was called into question. Elijah petitioned the court to remove the deed from official records. He believed that the deed would prevent him from supporting his current family, since it was in his original children’s names.

Elijah West had lost track of his first five children, and didn’t know if they were alive. [37] In fact, he didn’t even include his daughter Abigail on his petition. The children of his first wife were never told about this deed. Elijah West was a lawyer [38] as well as in innkeeper and knew how to sway the court with his wording. He also had friends in the court. A committee was assigned to review the matter. [39] The court ruled in his favor:

Be it enacted, &c, that the record of said deed, as entered on the first book for recording deeds, in said town of Windsor, in the tenth and eleventh pages of said book, dated February 22, 1782, be and the same is hereby declared to be, void, and the same shall not be received or admitted, in any court of law, as evidence of such deed of which it appears by said record to be a transcript. [40]

It took six years (20 Oct 1791) for the land to be re-conveyed to Elijah West by his children. His legal fees were about £100. [41]


The Old Constitution House
On 2 July 1777, State delegates met at Elijah West’s tavern and drafted Vermont’s first Constitution. The Shopper newspaper (2012) summarized this event:

In early July 1777, delegates to the Windsor Convention adopted Vermont’s constitution literally “amidst a baptism of thunder, lightning, and rain.” News of the Hubbardton Battle and withdrawal from Mount Independence and Fort Ticonderoga reached Windsor just when the constitutional delegates had adjourned for the day at Elijah West’s tavern. The group almost immediately disbanded, but a sudden thunderstorm delayed them long enough so that the constitution could be voted on and accepted. West’s tavern became known as the Old Constitution House and is now a state-owned historic site. [42]

Early legislative sessions were also held there. He was reimbursed for his expenses. In 1786, a State of Vermont document says: “Resolved that the Treasurer be and he is hereby directed to pay Mr. Elijah West of Windsor for the use of his room, firewood, etc., for the use of Council this Session, the sum of one pound out of the hard Money Taxes.” [43] This specific notation was during the time of the Windsor Court Riots, when troops were called to quell the unrest of settlers against proprietors holding questionable land charters. [44] West provided food and liquor to the troops. [45]

Historically, the inn had the reputation as “the welcome resort of weary travelers, brave patriots, valiant soldiers and distinguished statesman.” [46] Today, the Old Constitution House is called “The Birthplace of Vermont.” In addition to being a Vermont State Historic Site, it is also on the National Register of Historic Places.


Other Documents
In 1785, Elijah West’s name appeared on a document with the title, “A Tax of three pence half penny on the pound, made on the list for the year 1785, for the purpose of schools in the several school districts in said town, agreeable to vote of said town, passed March 7, 1786.” He was grouped with those in the “East Parish” of Windsor. [47] His name also appeared on a petition to build and repair bridges (14 Oct 1786) [48] and a petition for a toll bridge over the Connecticut River between Windsor and Cornish, New Hampshire (16 Oct 1795). [49]

The 1790 Census shows that Elijah and Hannah had 8 other people living at their house—4 males and 4 females. Two of these males were under 16 years of age, and 2 were more than 16 years old. [50] We do not know the ages of the females. This exceeds the number of children they were known to have. It is possible that the extra individuals were boarders, or children who died later.


Deaths of Hannah and Elijah West
Hannah West died in 1797. She was buried in Old South Cemetery, Windsor, Windsor County, VT. Her tombstone reads: “Dedicated to the Memory of Mrs. Hannah West, Wife of Mr. Elijah West, Who Departed this Life Oct 13th 1797 in the 48th year of Her age.” [51] This means she was 47 years old when she died.

Elijah West died in 1798. He was buried in Old South Cemetery, Windsor, Windsor County, VT. His tombstone reads: “Dedicated to the Memory of Mr. Elijah West, Who Departed this Life October 28th 1798, in the 78th year of His age.” [52] There was a notice in the Columbian Centinal Nov 14, 1798—a Boston, MA newspaper: “West, Elijah, d. in Windsor, aged 78.” [53] Actually he was 76 years old, and in his 77th year. (He was born in 1722.)

The property of Hannah and Elijah West was to be divided among their children. These were Susan, Elizabeth, Sophia, and Lewis. Lewis was eleven years old. In October 1799, Allen Hayes and Abner Forbes (both were sons-in-law) filed a petition to legally include Lewis (a minor child) in the transactions. [54]

Petition of Allen Hayes & Abner Forbes Adms of Elijah West, filed Oct 14, 1799
    —humbly Sheweth,
    That your Petitioners being Appointed (by the Honble Elijah Robertson, Judge of Probate for the district of Windsor) Administrators on the Estate of Elijah West Late of Windsor deceased—as by the Letters of the Sd Judge bearing dait the 23d day of novemr 1798—may appear, Which estate belongs equally to four heirs, three of which, are of lawfull age to act for them Selves, but that the fourth is a minor of only eleven Years of Age—
    --that the Value of Sd Estate consists chiefly in Buildings, much exposed to Accidents by fire & subject to decay—that they now have an offer for the whole of Sd Real estate, which the three eldest of the Sd heirs wish to have us Accept . . . [55]

In November 1799, a bill was passed in the Vermont House of Representatives to settle the matter:
A bill, passed in the house of Representatives, Entitled “An act to enable Allen Hayes and Abner Forbes to sell and convey all the real estate of Lewis R. Morris West, a minor,” was set up for revision, &c. and being read, Resolved, To concur in passing the same, with this amendment, that the word “two” be erased before the word “thousand,” in the eleventh line of the 2d Section, and insert in lieu thereof the word “three;” and Mr. Jacob requested to inform the house of the reasons for the same. [56]



References and Additional Notes
Early Years
1. Lorraine Cook White, editor, 1994-2002: The Lucius Barnes Barbour Collection of Connecticut Town Vital Records, “Middletown Vital Records, 1651-1854,” Genealogical Publishing Company, Baltimore, Maryland, p. 298.  Another Elijah West appears in records about the same time. He was born in 1747 in Tolland, Connecticut, about 35 miles away from East Hampton. (“Tolland Vital Records, 1715-1850,” p. 342). He was descended from Francis West and Margery Reeves of Duxbury, Plymouth Colony, Massachusetts. This is West DNA Family Group #19.
2. Connecticut, Church Record Abstracts, 1630-1920, Connecticut State Library, Hartford, Connecticut. Volume 070, Part 2, Middletown First Congregational Church, p. 612.
3. This West line is described on other parts of this West blog site.
4. This was the location of the West family land in Middlesex County. Benjamin and Hannah West settled in the area in 1698.
5. Dates for these children of Benjamin and Mehitable (Bailey) West come from The Barbour Collection and also Connecticut, Church Record Abstracts. The death of Aaron West comes from: Connecticut Historical Society, 1903: “Campaign of 1757,” Collections of the Connecticut Historical Society, Volume IX, The Society, Hartford, Connecticut, p. 185-187.

Mystery Years (through 1758)
6. John L. Brooke, 2010: Columbia Rising: Civil Life on the Upper Hudson from the Revolution to the Age of Jackson, University of North Carolina Press, Chapel Hill, North Carolina, p. 174.
7. William P. McDermott, 1986: “Colonial Land Grants in Dutchess County, N.Y.—A Case Study in Settlement,” The Hudson Valley Regional Review, Volume 3, Number 2, September 1986, p. 1-6.
8. Franklin Ellis, 1878: History of Columbia County, New York, with Illustrations and Biographical Sketches of Some of its Prominent Men and Pioneers, Everts and Ensign, Philadelphia, Pennsylvania, p. 368.
9. McDermott, p. 16.
10. Beatrice West Seitz, 1971: West, Barker, Hodges; New York to Wisconsin 1836-1846. Self published, Janesville, Wisconsin, p. 3-4, and others. William West, b. 23 Mar 1717 in Windsor, Hartford County, CT was a son of Samuel West, Jr. and Dorothy Eggleston, grandson of Samuel West and Rhoda Meachum, and great-grandson of Thomas West and Phebe Waters. He married Lisa Miller.
11. William S. Pellatreau, 1884: “Athens,” History of Greene County, New York with Biographical Sketches of its Prominent Men, J.B. Beers and Company, New York City, New York, p. 177 and 179.  
12. David West, Private, New York Line. Pension certificate No. 14615, Columbia County, New York, 1 June 1833. Hannah West, widow’s pension certificate No. 16464, Yates County, New York, 26 Aug 1836. National Archives and Records Administration, Washington, DC. Digital images on HeritageQuest.com. Accessed November 2013. The soldier states that he was born in Upper Amenia, Dutchess County, New York.
13. The Will of William West dated 30 April 1789, Book C, page 21, Book of Wills, Columbia County, New York. Cited by Seitz (1971).
14. Seitz, p. 5.

Beekman Patent (1758-1774)
15. Frank J. Doherty, 2005: “Lee to Millington,” Settlers of the Beekman Patent, Dutchess County, New York; An Historical and Genealogical Study of All of the 18th Century Settlers in the Patent, Volume 8, Frank J. Doherty, New England Historic Genealogical Society, Pleasant Valley, New York, p. 758.
16. Doherty, 1990: “Historical Records,” Settlers of the Beekman Patent, Dutchess County, New York, Volume 1, p. 79.
17. Frank J. Doherty, 2004: “Settlers of the Beekman Patent in 18th-Century Dutchess County, New York,” New England Ancestors, Volume 5, Number 2, Spring 2004, New England Historic Genealogical Society, Boston, p. 17-21.
18. Doherty, 1990: “Historical Records,” Settlers of the Beekman Patent, Dutchess County, New York, Volume 1, p. 352.
19. Doherty, 2003: “Hunter to Leavens,” Settlers of the Beekman Patent, Dutchess County, New York, Volume 7, p. 863.
20. Frank J. Doherty, 1993: “Abbot to Burtch,” Settlers of the Beekman Patent, Dutchess County, New York, Volume 2, p. 572. The teenagers were sons of Increase Billings.
21. A. Judd Northrup, William H. Johnson, and Charles Zebina Lincoln, 1894: The Colonial Laws of New York from the year 1664 to the Revolution, J.B. Lyon, State Printer, Albany, New York, p. 1104.

Charlotte Township
22. Albert Stillman Batchellor, editor, 1895: The New Hampshire Grants, Being Transcripts of the Charters of Townships and Minor Grants of Lands Made by the Provincial Government of New Hampshire, Within the Present Boundaries of the State of Vermont, from 1749 to 1764, Volume XXVI, Edward N. Pearson, Concord, New Hampshire, p. 87-91.
23. “New Hampshire Grants.” https://en.wikipedia.org/wiki/New_Hampshire_Grants. Accessed July 2015.
24. Abby Maria Hemenway, editor, 1867: The Vermont Historical Gazetteer: A Magazine Embracing the History of Each Town, Civil, Ecclesiastical, Biographical and Military, A.M. Hemenway, Burlington, Vermont, p. 733-734.

Daniel Merritt’s Store Ledger
25. Warren H. Wilson, 1907: Quaker Hill, A Sociological Study, Columbia University, New York, New York, Appendix B. Project Gutenberg Book, 2009; original in Cornell Library. I’ve seen this list reprinted with errors. The Project Gutenberg Book version is correct. http://www.gutenberg.org/files/28223/28223-h/28223-h.htm#APPENDIX_B. Accessed Aug 2015.
26. Family Group #20 results are at: http://web.utk.edu/~corn/westdna/west5.htm#FG20. Clement and Sara West are profiled at: http://www.fourth-millennium.net/family-travels/clement-west.html. Accessed June 2015.

Windsor, Windsor County, Vermont (1774-1798)
27. Sherman Evarts, 1914: “The Vermont Constitution and the Constitution House,” The Vermonter, Volume 19, Number 4, April, 1914, p. 61.
28. Florence Thurber Gargaro, 2009: Descendants of Benjamin Thurber and Elizabeth Hallett, http://www.gargaro.com/thurber/.  Accessed July 2014.
29. Frank J. Doherty, 2005: “Lee to Millington,” Settlers of the Beekman Patent, Dutchess County, New York, Volume 8, p. 758.
30. Frank J. Doherty, 2003: “Hunter to Leavens,” Settlers of the Beekman Patent, Dutchess County, New York, Volume 7, p. 863.

Hannah Thurber Nichols West
31. Florence Thurber Gargaro Web site.
32. Hants County, Nova Scotia Registration Year 1766, Book 1700, p. 45, at http://www.novascotiagenealogy.com.  Accessed June 2015.
33. Katherine E. Conlin, Wilma Burnham Paronto, and Stella Vitty Henry, 1977: Chronicles of Windsor, 1761-1975, The Countryman Press, Taftsville, Vermont, p. 117. Conlin was the City Clerk of Windsor, and also a historian. She had access to the original Windsor town records.
34. Conlin et al., p. 40.

Controversial Land Deed
35. Both men came from Middletown, CT. Watts Hubbard was the grandson of George Hubbard and Elizabeth Watts who were “First Settlers of Middletown.” West’s grandparents were also First Settlers.  http://www.rootsweb.ancestry.com/~ctsmfsd/Index.html.
36. William Slade, compiler, 1823: Vermont State Papers: Being a Collection of Records and Documents, Connected with the Assumption and Establishment of Government by the People of Vermont, J. W. Copeland, Middlebury, Vermont, p. 504.
37. Edward A. Hoyt, compiler, 1952: “General Petitions: 1778-1787,” Journals and Proceedings of the General Assembly of the State of Vermont, Volume 8, p. 183.
38. Lewis Cass Aldrich and Frank R. Holmes, editors, 1891: History of Windsor County, Vermont, D. Mason & Co., Syracuse, New York, p. 184. Lawyers in smaller towns (after the Revolutionary War) interacted with the justice of the peace, wrote legal documents, and collected debts and taxes. It was not unusual for a tavern owner to also be a lawyer.
39. E.P. Walton, editor, 1875: Records of the Governor and Council of the State of Vermont, Volume III, J. & J.M. Poland Press, Montpelier, Vermont, p. 86.
40. Slade, p. 504.
41. Conlin et al., p. 17.

Old Constitution House
42. _______, 2012: “1777 Constitution Day at Vermont’s Birthplace,” The Shopper, The Vermont Journal, Ludlow, Vermont, Volume 51, Issue 5, July 4, 2012.
43. Aldrich and Holmes, p. 293-293.
44. Gregory Sanford, 1999: The Rutland Court Riots of 1786, Vermont State Archives report, May 25, 1999, p. 5.
45. Benjamin H. Hall, 1858: History of Eastern Vermont, From Its Earliest Settlement to the Close of the Eighteenth Century, with a Biographical Charter and Appendixes, D. Appleton and Company, New York, New York, p. 551.
46. Hamilton Child, compiler, 1884: Gazetteer and Business Directory of Windsor County, Vermont for 1883-1884, The Journal Office, Syracuse, New  York, p. 266-267.

Other Documents
47. Aldrich and Holmes, p. 298.
48. Vermont State Papers. Office of the Secretary of State, Vermont. Internal reference numbers SE-188, Volume 17, p. 215. This is a cataloging system also known as the Nye Index.
49. Vermont State Papers, Volume 19, p. 276.
50. Census of 1790, Windsor, Windsor County, Vermont. Records of the Bureau of the Census, National Archives, Washington, D.C.

Death of Hannah and Elijah
51. Information and pictures are at: http://www.findagrave.com. Accessed Feb 2015.
52. Information and pictures are at: http://www.findagrave.com. Accessed Feb 2015.
53. American Antiquarian Society, America’s Historical Newspapers Database (ongoing). “Deaths, Columbian Centinal, 1784-1840.” 12 Volumes. Index, p. 4084. Index digitized by Ancestry.com for Newspaper Extractions from the Northeast, 1704-1930. Accessed May 2015.
54. Vermont State Papers, Volume 20, p. 348.
55. Ed Soule Allen, compiler, 1962: General Petitions, 1797-1799, State Papers of Vermont, Volume 11, Vermont Secretary of State, p. 425-426.
56. E.P. Walton, editor, 1876: Records of the Governor and Council of the State of Vermont, Volume IV, J. & J.M. Poland Press, Montpelier, Vermont, p. 250.


The Controversial Land Deed of Elijah West
This petition was written by Elijah West in October 1785:

From the Nullification of a Record of a Deed           
    To the Hon’ble Gen’l Assembly of the State of Vermont now sitting in Windsor, the Petition of Elijah West of said Windsor, sheweth
    That the said Elijah in the Year of our Lord seventeen hundred & seventy five, purchased the Farm on which he now lives of one Watts Hubbard of said Windsor—And being apprehensive that a certain person then connected with your petitioner in trade had a Dishonest design of over-reaching him and taking from him the said farm by fraud your Petitioner, with the Advice of his Neighbors, procured a Deed of said Farm from the Said Watts Hubbard to Benajah, David, Elisha & Mary West, Children of the said Elijah, and lodged the same in the Town Clerk’s office who thro’ mistake recorded the same, and thereby the title vested in the said grantees who were then & still are ignorant of the said Conveyance—and from whom the said Elijah never recd any consideration And the said Grantees are now in different parts of the Country (if living) so that ‘tis impossible for the said Elijah to obtain from them a Re-conveyance—and he is without remedy without the assistance of your Honours—
    Your Petitioner would farther represent, that he is now in the decline of Life & has a family of small Children that must be unprovided, or dependent on the uncertain Generosity of those who by mear accidental operation of Law & not for valuable Consideration, or according to the true Intent & meaning of the said Conveyance, have gotten possession of their Birth right—
    Wherefore your Petitioner prays that a Committee may be appointed to examine into the Nature of your Petitioner’s request—and that such relief may be granted in the Premises as is according to Enquiry & good Conscience . . . Windsor 18th Oct. 1785, Elijah West

A committee was assigned to review the petition:

    Resolved that a Committee be appointed to join a Committee appointed from the General Assembly viz Mr. Olin, Mr. Ward, Mr. Knight, Mr. Wait, and Mr. Blodget, on the Petition of Elijah West, praying for some way to be divised & adopted to Relieve him in the case of a certain Deed of his Estate being given & Recd from Watts Hubbard to Benajah, David, Elisha & Mary West children of the said Elijah, to consider the same, state facts and make Report: Member chosen Mr. Niles.

The ruling was in favor of Elijah West. Note the inclusion of Abigail West’s name. The committee probably examined the original document, as well as the copy in the Windsor Town Clerk’s office. They seem to have found the current (1785) locations of all five adult children.

   Whereas, it appears by the testimony of sundry persons, and especially by the testimony of the former town clerk for said town of Windsor, that the record of a certain deed or conveyance of land, made by Watts Hubbard of said Windsor, to Benajah West, of Albany county, and David West, Elisha West, Mary West, and Abiga[i]l West, of Dutchess county, in the (then) province of New York, made and executed on the eighth day of December, Anno Domini, seventeen hundred and seventy-five, was made on the said town book, through mistake, and contrary to the direction and intention of the person having the controul of the same—by reason of which record, it appears that great injury may be done to the persons who have the equitable controul of said deed, unless the same record can be vacated so far as to destroy its operation as evidence in courts of law, of the deed of which it appears to be a transcript;
    Which evil to prevent,
    Be it enacted, &c, that the record of said deed, as entered on the first book for recording deeds, in said town of Windsor, in the tenth and eleventh pages of said book, dated February 22, 1782, be and the same is hereby declared to be, void, and the same shall not be received or admitted, in any court of law, as evidence of such deed of which it appears by said record to be a transcript.