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CHAPTER VII AFTER THE WAR

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with the return of peace in the triumph of the cause for which he had battled, colonel ludington by no means lapsed into inactivity or obscurity, but continued to serve the state in various ways with the same earnestness which he had shown in war. for some time he was again a deputy sheriff of dutchess county, and in the performance of his duties on one occasion was severely stabbed by a desperado named brown, whom he was arresting. for many years he was a justice of the peace, his long service being ample evidence of the confidence which his fellow citizens reposed in his probity and of the esteem in which they held his intelligence. he had not a legal education. indeed, as has already been observed and as the composition of his letters clearly shows, his schooling in even the ordinary branches was slight. his rulings as justice of the peace were therefore based more upon common sense and practical, elementary justice than upon technical familiarity with statute law or with the prescribed forms of judicial procedure. his shrewd sense and his just disposition, however, guided him so well that his administration of the office was satisfactory to those[192] who had occasion to use his court, and it was a rare thing for an appeal to be taken against any of his decisions, and still more rare for a higher court to reverse his judgment. after many years of satisfactory service, one of his friends persuaded him that he should pay more attention to the technical conventionalities of judicial procedure, and to that end provided him with a compendium of legal practice. this treatise, admirably comprehensive yet concise, covering a number of foolscap pages of manuscript, is among colonel ludington’s papers now in the possession of his grandson, charles h. ludington. colonel ludington accepted the advice with some misgivings, but studied the compendium, and when the next case came before him he conducted court in a more technically correct way than before. on this occasion an appeal was made by the defeated party to a higher court, and that court reversed colonel ludington’s judgment and ordered a new trial. that was something which had never before happened, and was naturally a cause of chagrin to him. he indignantly declared that it was all because of the new-fangled methods of procedure which his friend had persuaded him to adopt, and he thereafter persisted in conducting his court in the old-fashioned way.

among the records of the dutchess county justices’ courts, or courts of special sessions, are many entries of cases tried before him. in october, 1803, henry ludington, cyrus benjamin and stephen[193] hayt occupied the bench when “ruamy shaw was brought before the court charged with feloniously stealing, taking and carrying away from the house of isaac russell a pair of shoes and a tea kettle holder, whereupon the said court after hearing witnesses for and against the prisoner are of the opinion that the said ruamy shaw is guilty, … that she therefore pay a fine of five dollars and stand committed until judgement be complied with.” the fine was promptly paid, in the form of a due bill by william shaw. in july, 1806, before the same justices, “else lake, spinster, was convicted … for feloniously stealing taking & carrying away one plad chinz gown out of the dwelling house of frances mead … and that the said court lay a fine of $5, and that she stand committed until the same is paid. she refusing to pay the same, metimas (mittimus) wrought and delivered to john griffen const.” that plaid chintz gown was a source of much trouble, for on that same day before the same court, “phebe davis, wife of solomon davis, was … convicted for feloniously stealing one plad chinz gown to the value of $3.50 cents, the property of frances mead, and that the said court lay a fine on the said phebe of $6 and that she stand committed until the same is paid. she refusing to pay the same, metimas wrought and delivered to john griffen const.”

it will be of some quaint, antiquarian interest to recall the phraseology of the commissions which were in those days issued to justices of the peace. one[194] of those issued to henry ludington, now in the ms. collection of mr. patrick, runs as follows, being practically identical, mutatis mutandis, with others issued to him by later governors.

the people of the state of new york, by the grace of god, free and independent.

to david brooks, … henry ludington, … and ahab arnold, in our county of dutchess, esquires, greeting:

know ye, that we have appointed and assigned; and by these presents, do appoint and assign, you and every of you, jointly and severally, justices to keep our peace, in our county of dutchess, and to keep, and cause to be kept, all laws and ordinances, made or to be made, for the good of the peace, and for the conservation of the same, and for the quiet rule and government of the citizens and inhabitants of our said state, in all and every the articles thereof, in our said county, as well within liberties, as without according to the force, form and effect of the same laws and ordinances; and to chastise and punish all persons offending against the form of those laws and ordinances, or any of them, in the county aforesaid, in such manner, as, according to the form of those laws and ordinances, shall be fit to be done; and to cause to come before you, or any or either of you, all those persons who shall break the peace, or have used, or shall use threats, to any one or more of the citizens or inhabitants of our said state, concerning their bodies, or the firing of their houses, or barns, to[195] find sufficient security for the peace, or their good behaviour towards the people and inhabitants of our said state; and if they refuse to find such security, then them in prison, until they shall find such security, to cause to be safely kept: and further, we have also appointed and assigned you the said justices, or any three or more of you, to enquire, by the oath of good and lawful men, of our county aforesaid, by whom the truth may be the better known, of all, and all manner of larcenies, thefts, trespasses, forestallings, regratings, engrossings and extortions whatsoever, and of all and singular other crimes and offences, of which justices of the peace may or ought lawfully to enquire, by whomsoever, and after what manner soever, in the county aforesaid, done or perpetrated, or which shall happen to be there done or attempted: and also, of all those who in the said county have gone or rode, or hereafter shall presume to go or ride, in companies with armed force, against the peace, to the disturbance of the citizens and inhabitants of our said state: and also, of all those who have there lain in wait, or hereafter shall presume to lie in wait, to maim, or cut and kill, any citizen or inhabitant of our said state: and also, of all victuallers and innholders, and all and singular other persons, who have offended or attempted to offend, or hereafter shall presume or attempt to offend in the said county, in the abuse of weights or measures, or in the sale of victuals, against the form of the laws and ordinances of our said state, or any of them, made for the common good of our said state, and the citizens and inhabitants thereof: and also of all sheriffs,[196] bailiffs, constables, gaolers and other officers whatsoever, who, in the execution of their offices about the premises, or any of them, have unduly demeaned themselves, or hereafter shall presume to behave themselves unduly, or have been, or hereafter shall happen to be careless, remiss or negligent, in the county aforesaid; and of all and singular articles and circumstances, and all other things whatsoever, that concern the premises or any of them, by whomsoever, and after what manner soever in the said county, done or perpetrated, or which shall hereafter happen to be done or attempted, in what manner soever, and to inspect all indictments whatsoever, so before you or any of you taken, or to be taken, or before others late justices of the peace in the said county, made or taken and not determined; and to make and continue processes thereupon, against all and singular the persons so indicted, or who, before you, shall happen to be indicted, until they be taken, surrender themselves, or be out-lawed; and to hear and determine all and singular the larcenies, thefts, trespasses, forestallings, regratings, engrossings, extortions, unlawful assemblies, indictments aforesaid, and all and singular other the premises, according to the laws, ordinances and statutes, of our said state; as in the like case it has been accustomed or ought to be done; and the same offenders and every of them, for their offences, by fines, ransoms, amerciaments, forfeitures and other means, according to the laws and customs of our said state, and the form of the ordinances and statutes aforesaid, it has been accustomed or ought to be done, to chastise and[197] punish. you, therefore, and every of you are diligently to attend to the keeping of the peace, laws and ordinances, and all and singular other the premises, and at certain days and places, which you, or any three of you shall, in that behalf, appoint, or by law shall be appointed, you enquire into the premises, and hear and determine all and singular the premises, and perform and fulfil the same in form aforesaid; doing therein what to justice appertaineth, according to the laws and ordinances aforesaid: saving to us our amerciaments and other things to us thereof belonging: and the sheriff of our county of dutchess aforesaid, at certain days and places, which you the said justices of the peace of the said county, or any three or more of you shall make known to him, shall cause to come before you, the said justices of the peace of the said county, so many such good and lawful men of his bailiwick or county, as well within liberties as without, by whom the truth of the matter in the premises shall be the better known and enquired into: for all and singular which this shall be your commission, for and during our good pleasure, to be signified by our council of appointment. in testimony whereof, we have caused these our letters to be made patent, and the great seal of our said state to be hereunto affixed: witness, our trusty and well-beloved george clinton, esquire, governor of our said state, general and commander in chief of all the militia, and admiral of the navy of the same; by and with the advice and consent of our said council of appointment, at our city of albany, the fifteenth day of august, in the year of[198] our lord one thousand eight hundred and one, and in the twenty-sixth year of our independence.

geo. clinton.

colonel ludington also served with some distinction as a member of assembly in the state legislature, for dutchess county, some of such service being during the revolutionary war. he thus served in the third session, which met at kingston from august 18, 1777, to october 25, 1779, at albany from january 27 to march 14, 1780, and at kingston again from april 22 to july 2, 1780; in the fourth session, which met at poughkeepsie from september 7 to october 10, 1780, at albany from january 17 to march 31, 1781, and at poughkeepsie from june 15 to july 1, 1781; in the ninth session, which met in new york city from january 12 to may 5, 1786; and in the tenth session, which met in new york city from january 12 to april 21, 1787. he appears to have been a prominent and influential member. at the meeting of january, 1786, he was made a member of the ways and means committee, and of a special committee to prepare a bill for the regulation of the militia and the establishment of magazines. the records of that meeting show that colonel ludington was in constant attendance and was an active participant in the business of the house. he is recorded as voting at almost every division, and generally appears to have been a member of the majority. on march 1 it was represented to[199] the legislature that a number of prisoners confined in the jail of new york for debt were reduced to great extremity for want of wood and firewood, and were in danger of perishing for want of such necessaries; wherefore a committee of three, colonel ludington being one, was appointed to inquire into the matter—one of the first steps toward the abolition of imprisonment for debt. on march 6, 1787, the legislature proceeded to the nomination and appointment of “delegates to meet with delegates as may be appointed from other states, for the sole purpose of revising the articles of confederation”—to wit, the constitutional convention of the united states. colonel ludington, who was a staunch federalist, voted for the appointment of alexander hamilton, robert yates, and john lansing, jr.

soon after there arose a remarkable illustration of the dilatory disposition of governments of that day in dealing with some matters of real importance in which honor and good faith were involved. away back in april, 1784, colonel ludington had submitted to the legislature a petition relative to certain certificates for depreciation of soldiers’ pay, which he had lost or which had been stolen from him. mr. pell, of the committee to which the petition was referred, had reported that the facts were as stated in the petition, and that the petition for relief ought to be granted. leave was granted for the introduction of a bill to that effect, and the bill was introduced and passed by the assembly. either it was not concurred[200] in by the senate, however, or for some reason it was not put into effect. for now, on april 14, 1787, we find colonel ludington again presenting to the assembly, of which he was a member, a petition setting forth that certain depreciation certificates, amounting in all to 407 pounds 4 shillings, had been stolen from him, and that after passing through divers hands were paid to the commissioners of forfeitures for the purchase of a forfeited estate, and were then in the treasury of the state, wherefore he prayed for a law directing the treasurer to return them to him. mr. hamilton, from the committee to which the petition was referred, reported that the facts were found to be as stated, that the petitioner’s case would be very unfortunate if he were to be finally deprived of the benefit of the certificates which had been stolen from him, and that it would be a proper act of generosity in the state to direct the treasurer to return them to him. the committee recommended that a clause to that effect be inserted in some bill then before the house. the house, however, voted not to concur in the report of the committee, and it does not appear that any further step toward doing him justice was taken at that time. finally, however, on march 12, 1792, the legislature adopted the following act:

whereas certain certificates issued by the auditors appointed to liquidate and to settle the accounts of the troops of this state in the service of the united states have been received by the[201] commissioners of forfeitures, and are now in the treasury of this state, which it appears to this legislature were lost by henry ludenton, and which certificates at the time they were lost were not transferable, otherwise than by assignment; and whereas the said henry ludenton has prayed relief in the premises; therefore, be it enacted by the people of the state of new york, represented in senate and assembly, that whenever the united states shall direct that the residue of the twelve hundred thousand dollars may be subscribed, which by the act of the united states entitled “an act for making provision for the debt of the united states,” passed the 4th day of january, 1790, had not been subscribed before the last day of september last, then the treasurer of this state is hereby authorized and directed to deliver unto henry ludenton the aforesaid certificates … being the certificates lost by the said henry ludenton.

thus nearly eight years after the original appeal for relief, which was acknowledged to be valid and worthy, the legislature voted to grant such relief at some indefinite time in the future, conditioned upon the fulfilment of obligations by the federal government, which had already shown itself dilatory in the matter!

one of the most important divisions in which colonel ludington voted in the minority was that concerning the independence of the state of vermont, a matter over which there had been danger of a civil war. said the “county journal and poughkeepsie[202] advertiser” for april 4, 1787: “last wednesday morning the important question for declaring the independence of vermont was debated in the house of the assembly. it was carried in the affirmative, as follows:” the poll of the house as given shows 32 votes in the affirmative, and 21 in the negative, colonel ludington’s name being among the latter, although his friends hamilton and lansing voted in the affirmative.

in the “new york packet and american advertiser” of february 27, 1783, appeared this notice:

“notice is hereby given to the debtors and creditors of stephen ludinton, deceased, who was by a jury of inquest said to have been murdered by john akins, to meet me at the house of alexander mills in fredericksburgh on monday the 10th day of march next, at 10 o’clock in the morning, in order to discharge the debts due the said estate, and receive payment as far as the estate will go as it is supposed he died insolvent.

“henry ludington executor.”

an act of the legislature on march 9, 1810, made colonel ludington one of the incorporators of “a body corporate and politic” for the purpose of “making a good and sufficient turnpike road to begin at the highland turnpike road near the house of joseph c. voight in the town of cortlandt and county of westchester, and from thence to or near the house of james mandeville and to or near the house of samuel[203] owens, in the town and county aforesaid; from thence to or near the house of jonathan ferris, and to or near the house of edward bugby and solomon avery in philipstown in the county of dutchess; from thence running up peekskill hollow, to or near the house of rowland bailey, and to or near the house of henry ludington in the town of frederick; from thence running to the great road west of quaker hill, to or near the house of thomas howard.”

it should be added, to complete the record, that colonel ludington was in 1771 an overseer of the poor for south precinct; in 1772 he was assessor of fredericksburgh; and in 1776, 1777, and 1778 he was supervisor of the town of fredericksburgh.

colonel ludington was commonly known by his military title to the end of his life. as a matter of fact, however, he ceased to exercise the functions of a colonel on september 27, 1786. an act of the legislature of new york of april 4, 1782, provided that “in case of the death, resignation or other inability to serve, of any colonel now commanding a regiment (of militia), no colonel shall thereafter be appointed thereto; that such regiment and all others not now commanded by a colonel shall henceforth be commanded by a lieutenant-colonel.” this act was doubtless largely the outcome of the deliberations of the committee on reorganization of the militia of which colonel ludington was a member. at the date named in 1786, accordingly, he retired from the command[204] of the regiment with which he had so long been identified, and was succeeded by lieutenant-colonel drake. in this regiment archibald ludington and henry ludington, jr., sons of colonel ludington, were, respectively, paymaster and ensign. henry ludington, jr., became lieutenant in the regiment commanded by lieutenant-colonel elias van benschoten, and on june 7, 1793, when john drake moved away from dutchess county and was succeeded in command of ludington’s old regiment by lieutenant-colonel elijah townsend, henry ludington, jr., became a captain and archibald ludington paymaster in it. henry ludington, jr., filled that place until march 16, 1797, when, owing to his removal from dutchess county, he resigned and was succeeded by samuel smith. archibald ludington was succeeded by stephen waring on march 23, 1803. the commission of henry ludington, jr., as lieutenant, is preserved in the possession of charles h. ludington, and reads as follows:

the people of the state of new-york, by the grace of god, free and independent;

to henry ludinton, junior, gentleman, greeting:

we, reposing especial trust and confidence, as well in your patriotism, conduct and loyalty, as is your valour and readiness to do us good and faithful service; have appointed and constituted, and by these presents, do appoint and constitute you, the said henry ludinton, junior,[205] lieutenant of a company in the regiment of militia in the county of dutchess, whereof john drake, esquire, is lieutenant-colonel commandant.

you are therefore, to take the said company into your charge and care, as lieutenant thereof, and duly to exercise the officers and soldiers of that company in arms, who are hereby commanded to obey you as you shall from time to time receive from our general and commander in chief of the militia of our said state, or any other your superior officer, according to the rules and discipline of war, in persuance of the trust reposed in you; and for so doing, this shall be your commission, for and during our good pleasure, to be signified by our council of appointment. in testimony whereof, we have caused our seal for military commissions to be hereunto affixed. witness our trusty and well-beloved george clinton, esquire, our governor of our state of new-york, general and commander in chief of all the militia, and admiral of the navy of the same, by and with the advice and consent of our said council of appointment, at our city of new-york, the twenty-seventh day of march, in the year of our lord, one thousand seven hundred and eighty-seven, and in the eleventh year of our independence.

passed the secretary’s office, 7th april, 1787.

robt. harpur, d., secretary.

geo. clinton.

(governor’s signature in margin, under seal.)

[206]

colonel ludington, as has already been stated, at first occupied his estate at fredericksburgh under a lease, and did not actually buy the land until july 15, 1812, when samuel gouverneur and wife made to him a deed for 229 acres. long before the latter date, however, he had acquired other lands in dutchess county, at least as early as 1781, when he was the owner of a large tract in the eastern part of the county several miles from his home. it was one of the perilous duties of his daughters sibyl and rebecca frequently to ride thither on horseback, through the great swamp, to see that all was well on the property. after the war he disposed of that land, as the following notice, in the “county journal and dutchess and ulster farmer’s register,” of march 24, 1789, shows:

to be sold by the subscriber:

a farm of about 104 acres of land in frederickstown in the county of dutchess lying on the east side of the great swamp near the place where david akins formerly lived. there are about 30 tons of the best kind of english hay cut yearly on such place, and considerable more meadow hay may be made, a sufficient quantity of plough and timber land, a good bearing orchard of the best of fruit, a large convenient new dwelling house and a stream of water running by the door. the place is well situated for a merchant or tavern keeper. whoever should incline to purchase said place may have possession by the first of may next; the payments made as easy as possible and[207] an indisputable title given for the same. for further particulars inquire of the subscriber or mr. edmund ogden who keeps a public house on the premises.

henry ludinton.

march 9th, 1789.

the result of this advertisement was the sale of the farm in question to a man from the former home of the ludingtons in connecticut. this appears from a document in the possession of mr. patrick, the original of an agreement made on november 5, 1790, between colonel ludington and james linsley, of branford, connecticut, by which the former covenanted and agreed with the latter “to sell a certain farm situate, lying and being in fredericksburgh butted and bounded as follows adjoining croton river on the west side and on the south by abijah starr & ebenezer palmer and on the north by p. starr & samuel huggins, containing about one hundred and five acres.” the price to be paid at various times and in various sums was “414 pounds, new york currency.” “and furthermore the said ludinton doth further agree with the said linsley to enter on the farm of him the said ludinton where he now dwells to cut and carry away a sufficiency of timber for the framing of a barn of the following dimentions forty feet in length and thirty feet in breadth and the said linsley hath further liberty to enter upon the home farm of the said ludinton[208] and cutt sufficient quantity of sawmill logs for to cover said barn and after the said linsley has drawn said logs to the saw mill of the sd ludinton he the said ludinton will saw sd logs without delay free from all cost and charges of said linsley.”

colonel ludington was much interested in the presbyterian church at frederickstown, now patterson, and was one of its trustees. on may 22, 1793, he and his fellow trustees purchased for the church from stiles peet and his wife lydia a plot of about a quarter of an acre of land for a burying ground for the church, the price being at the rate of forty shillings an acre. he also personally gave most of the lumber required for building the first academy at patterson, an edifice which was in later years destroyed by fire.

colonel ludington’s tombstone at patterson (formerly part of fredericksburgh), n. y.

in person colonel ludington was of more than ordinary stature, and of robust frame and dignified and commanding presence. he was of an eminently social disposition, and in the later years of his life he and john jay and colonel crane were accustomed often to meet at their neighbor townsend’s, for social evenings over their pipes and mugs, to exchange memories of the stirring days of the revolution. throughout his entire life he commanded in a high degree the respect and confidence of all who knew him, and when he died at the goodly age of 78 he was universally mourned. he died of consumption, after a prolonged illness, on january 24, 1817. his remains were buried in the churchyard of the presbyterian[209] church at patterson, of which he had been a trustee, and his grave was marked with a simple stone bearing only this inscription:

h. l.

in memory of

henry ludington.

jany. 24, 1817.

aged 78 years.

so simple was the epitaph of one of whom blake, the historian of putnam county, truly says: “col. ludington was one of the most active, energetic and unflinching patriots found in this part of the country during the revolution, and much do we regret our inability to do justice to the character and sterling virtues of this revolutionary patriot. the government records, however, show him to have been one of the bold defenders of our country’s rights.”

colonel ludington’s wife, abigail, survived him eight years, and then on august 3, 1825, was laid beside him, at the age of more than 80 years.

the will of colonel ludington, now on file in the surrogate’s office of putnam county, reads as follows:

in the name of god, amen!

i, henry ludenton of the town of fredericks county of putnam and state of new york, being feeble in body but of perfect mind and[210] memory, thanks be given unto god, calling into mind the mortality of my body and knowing that it is appointed for all men once to die, do make and ordain this my last will and testiment, that is to say principly and first of all i give and recommend my soul unto the hands of almighty god that gave it, and my body i recommend to the earth to be buried in a decent christian burial at the discretion of my executors, nothing doubting that i shall receive the same again at the general resurrection by the mighty power of god. and as touching such worldly property wherewith it has pleased god to bless me with in this life, i do give, demise and dispose of in the following manner. and farm first of all, i do order my executors to sell and dispose of so much land off the north end of my farm with the grist mill theron that will be sufficient to pay the debt that is owing from me to samuel governier’s the landlord, the line beginning at the east side of my farm on the line betwixt me and the aforesaid governier and running westwardly to the north of my barn and dwelling house and all other buildings except the aforesaid mill until it crosses the mill brook, and line then to run more to the south in course (case) a straight line will not make land enough to discharge said debt, but to run no further west than the east fence of the old lot known by the name of the old ridge lot, and secondly all the remainder and residue of my said farm dwelling house and buildings and all and singular the appurtenances thereunto belonging to remain in the hands of my executors for the use and benefit of abigail ludenton my wife and abigail ludenton my daughter and derie ludenton my son[211] and cornelia ludenton my grand daughter so long as abigail ludenton remains my widow or in case she should not marry, until her decease, unless the said abigail ludenton my daughter or said derrick ludenton my son or cornelia ludenton should marry or either of them should marry the said farm to remain only for the use and benefit of those who are unmarried untill my widdow should marry or untill her disceas as is above expressed; and in case my daughter abigail should not marry before the disceas of my widow she then at the deceas of my widow to take her choice of the rooms in the dwelling house wherein i live or when my widdow should marry which room she is to have and to hold as long as she remains single. all the remainder of my farm that is not set off for my executors to sell to discharge the debt of samuel governier, which land lying and being in the town of frederick county aforesaid, i do give and bequeath unto my four sons archibald ludenton, derrick ludenton, frederick ludenton, lewis ludenton, to be equally divided amongst them in which case the said ludinton and ludenton is to pass unto derrick ludenton at the division thereof one hundred dollars wich farm of land they the said archibald, derrick, frederick and lewis ludenton and their heirs is to have and to hold forever with all the appertinances thereunto belonging; but it is my will that derrick ludenton my son’s proportion of the farm to remain in the hands of my executors and for them to do as they shall judge best for him with it. and i do will and bequeath tartulus ludenton my son fifteen dollars to be paid out of removable property, and[212] after said fifteen dollars is paid and all my debts that my land is not sold to pay is paid and discharged, to pay which debts is my will that my executors should sell such and so much of the movable property they shall judge will least discommode the heirs which the residue is left to and share who is to have the property, and it is my will that all movable property should remain in the hands of my widdow for her use and the use of derrick ludenton my son, abigail my daughter, to remain as the use of the farm is above discribed to remain in the hands of my executors for the use and benefit of abigail ludenton my wife and abigail ludenton my daughter and derrick ludenton my son and cornelia ludenton my grand daughter untill my wife marries or untill her disceas, unless abigail, derrick or cornelia or one of them should marry, and the one that marries is to have use and benefit no longer of said property until disposed of as is hereafter directed. and i do will and bequeath unto my six daughters at the deceas or marriage of my widow all my movable property to be equally divided amongst them, that is to say sibyl ogden, rebecca pratt, may ferris, anna colwell, abigail ludenton and sophiah caverly my daughters.

and for the further surety of this my last will and testament i nominate and appoint john hopkins of the town of fishkill, county of dutchess and state of new york, and elijah wixon of the town of fredericks and county of putnam and state aforesaid my sole executors of this my last will and testiment and i do hereby disallow, revoke and annull all and singular every other[213] former will testament and bequeath and executors by me in any wise before mentioned willed and bequeath, ratifying and allowing this and no other to be my last will and testiment. in witness whereof i have hereunto set my hand and seal this seventh day of april in the year of our lord one thousand eight hundred and thirteen.

henry ludenton. l. s.

signed sealed and pronounced in presence of us

stephen merritt

john burtch.

an interesting side-light is cast upon one feature of this will, as well as upon the later years of colonel ludington’s life and the years following his death, by a letter written in april, 1881, to mr. patrick by mrs. julia l. comfort, of catskill, new york, a daughter of colonel ludington’s son, tertullus ludington. speaking of the old homestead at frederickstown, and the members of the family there, mrs. comfort said:

i was so young when last there, and consequently do not remember much about them. it was the winter before grandma luddington died. she gave my mother grandfather’s gun and sword, and i think the powder horn to my brother henry because he was named after him. they were all mounted with silver. the first[214] time we were there was in the fall when chestnuts were ripe. there was a very large tree in the rear of the house, and uncle fred’s children, my sister and myself wished to get the chestnuts but could not. grandma wanted uncle derrick to cut the tree down for us, but he said it would take two weeks to do it, it was so large.

my father was with us, and grandfather said to him, (he always called him tarty,) “i am going to make a will, and i owe you for five barrels of pork, but as i have not got the money just now i will remember it in my will.” (it was in war time (war of 1812) and pork was selling for thirty dollars a barrel.) father told him he might give it to archie, as he was very poor and father was doing a good business and did not need it, but archie said he never rec’d a cent of it.

the last time aunt ogden was here, she was telling us how she and aunt sophia (probably a slip of the pen for rebecca) were alone in the house in war time (revolutionary war). they had had a fence built around the house, and they each had a gun, and once in a while they would fire one off to make the soldiers think there were men in the house.

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