The Eldridge Family Sues Benjamin Jones

There was evidently some animosity toward Benjamin from the Eldridges, his deceased wife's family. Benjamin had acquired some of the family's land through his marriage, and were probably resentful that he got to keep it after Elizabeth died. There may have been some feelings that she had married beneath her, or other objections- all speculation. From my reading of the Burlington Court records around then it seems that the Eldridge's were a litigious bunch- suing anybody for any reason! The Eldridge's were an older and more influential family who came to the West Jersey Colony in the earliest days, and appear to have pulled more social weight than the Jones'. Jonathan Eldridge, was one of the first settlers of the Burlington colony. An Eldridge shows up on Meeting Minutes quite often, sitting on juries for hearings on a local level. A reading of this court records book shows LOTS of suits for debts, trespass, damages. Guess that's why they invented small claims court!

Supreme Court of New Jersey;

Case Number: 36159
Type of case: Waste
Location: Burlington County in 1807-8
Plaintiffs: John and Hannah (Eldridge) Scott, Abigail, Margaret, Mary, Sarah Eldridge
Defendant: Benjamin Jones
(source: index to Supreme Court Cases 1704-1844 at "http://www.state.nj.us/cgi-bin/state/list22.pl")

The plaintiffs were Abigail, Mary and Sarah, the deceased Elizabeth's sisters. Hannah Eldridge Scott was married to John Scott. Margaret was the daughter of Elizabeth's deceased brother John (died Feb. 1805).

Thanks to my cousin, Ellen Jones Shockley for this transcription of the actual court case. (source: Ellen Jones Shockley) Apologies for the ? and illegible words- we're hoping to get another look at this document some day.

Text of the Lawsuit

(New Jersey State Seal): The State of New Jersey to the Sheriff of the County of Burlington Greeting.
If John Scott and Hannah his wife, Mary Eldridge, Sarah Eldridge, Margaret Eldridge, Abigail Eldridge shall make you secure for them summons by good summoning Benjamin Jones that he be before our Justices of our Supreme Court of Judicature at Trenton on the second Tuesday of November next to show cause wherefore seeing it is provided by our council and General Assembly that no tenant for life or years of for any other time shall during the term make or suffer any waste sale or distribution of House, Garden, Orcharts, Land, or Wood, or any thing belonging to the tenements devised ? or of those which they hold by curtesy (courtesy)-

The same Benjamin Jones hath committed Waste of the house, Land and Wood of which he holds by the curtesy of the Inheritance of the aforesaid Hannah, Mary, Sarah, Margaret and Abigail in the township of Springfield and County of Burlington to the disinheritance of them and have then there this ? witness Joseph Bloomfield Esquire and our Governor and Chancellor at Trenton the 31rst day of October in the year of our Lord 1807.

Signed by J. W. Ilvaine atty James Linn, Clerk NJ Supreme Court John Scott and Hannah his wife, Mary Eldridge, Sarah, Margaret & Abigail Eldridge v. Benjamin Jones Living in Waste W. Ilvaine Atty Nov term 1807 Able before the Supreme Court Nov. term 1807.

In the Presents (Presence) of Ben. West and Barezillia Burr good and Lawfull men of MY Bailwick I have summoned the within named Benj. Jones to be at the day and Place within contain as within it is commanded me summoner John do and ---- Roe Maholon Bud Shff NJ Supreme Court of Nov. term in the year of our Lord 1807 Burlington County:

Benjamin Jones was summoned to answer John Scott and Hannah his wife, Mary Eldridge, Sarah Eldridge, Margaret Eldridge, Abigail Eldridge by Joseph W. Ilvaine their attorney complain

whereas a certain Elizabeth Jones, formerly Elizabeth Eldridge, late the wife of the said Benjamin Jones, and at the time of her decease was ? and ? in her ? as of fee of and in one ? and tenement six acres and one road of woodland and 10 acres of arable land situate in the Township of Springfield aforesaid and in the County aforesaid,
and whereas the said Elizabeth Jones whilst she was the wife of the said Benjamin Jones, had sire by the said Benjamin, a son born alive and capable of inheriting her estate who was named and called Noah and who died in the lifetime of the said Elizabeth, on or about the 21rst day of Nov. in the year of our Lord 1806 at the township of Springfield aforesaid under the age of 21 years and without any ? of his body. And the said Elizabeth afterwards on or about the 21rst day of November in the year of our Lord 1806 also died, whereupon the said Benjamin Jones became Seizor of the fair land, ? and tenement for the term of his natural life as tenant by the curtesy of England
and whereas the said Hannah Scott late Hannah Eldridge, Abigail E., Mary E. and Sarah E. were sisters of the said Elizabeth Jones of the whole blood-
and whereas a certain John Eldridge late of the said County of Burlington deceased was a brother of the said Elizabeth Jones of the whole blood, and the said John died in the lifetime of the said Elizabeth, on or about the 5th day of Feb. 1805 at the Township of Springfield aforesaid leaving lawful sire, a daughter the said Margaret Eldridge his only child-
and whereas the decease of the said Elizabeth Jones as aforesaid day of AD180? the said Hannah Scott, Abigail Eldridge, Mary Eldridge, Sarah Eldridge and Margaret Eldridge, became seized of the aforesaid land, ? and tenement of an estate in ?sion in their ? as if fee as tennants in common And the said John Scott and Hannah his wife, Abigail Eledridge, Mary Eldridge, Sarah Eldridge, Margaret Eldridge. in fact say, that after the death of the said Elizabeth Jones as aforesaid and the seizing of the said Benjamin of the land, ? age and tenement aforesaid, as tenant by the Curtesy of England aforesaid, on the 11 May 1807 and between that day and the first day of Sept. 1807 at the township of Springfield in County of Burlington aforesaid, the said Benjamin Jones committed waste and destruction of the said land, ? and tenement by hamitting one (permitting one) house to go to rot and decay for want of restoration (or rapratation) by cutting, felling, carrying away and ? carrying away and converting from off the said land ?and tenement 300 ? of firewood, 10 gum trees, being timber trees growing at the said lands, ? and tenement of the disinheritance of the said Hannah Scott, wife of the said John Scott, Abigail, Sarah, Mary, Margaret Eldridge and against the province aforesaid and to their damage $500 and thereof.

NJ Supreme Court
Filed 10 Sept 1808
Defendant: Benjamin Jones
John Scott and Hannah, his wife, Abigail, Mary, Sarah, Margaret Eldridge

And the said Benjamin Jones by the ? L. ? his Atty, comes and defends the wrong and denying where he and says that he has not committed waste or destruction of the house, land, wood and garden mentioned in the Plaintiff’s Declarations, as the said Plaintiff have ? above thereof complained after him and of this he ? himself upon the courtesy and the John Scott and Hannah etc.

(signed) Name for the Defendant
(signed) Benjamin Jones puts in his place Andrew, his Atty, at the ? of John Scott, etc. in a plea of Waste

Other Lawsuits Relevant to Our Family

These are not necessarily "our" Richard Brown, but cases involve "a" Richard Brown.

Brown, Richard 1852, 1770 in Monmouth Township sued by several people for debt
Richard Brown sued some one else for debt in Sussex and Monmouth 1772, 1785, 1792, 1793 etc.