Revolutionary War Pension and Bounty Land Warrant Application File S. 28728, John Fink, New York
Page 1

New York
Fink, John
S. 28728
Page 2

33 043
New York A
John Fink decd,
of _____ in the State of _____ who was a priv. & Sgt in the_____ commanded by Captain Bradbig of the Regt commanded by Waggoner in the NY line for Revolution
Inscribed on the Roll of Albany at the rate of 30 Dollars - Cents per annum, to commence on the 4th day of March, 1831. Ending 8 July 1833
Certificate of Pension issued the 12 day of Aug. 1852 and sent to D.D.T. Benedict Gallipolis Ohio
Arrears to the 4th of 
Semi-annual allowance ending

{Revolutionary Claim,
Act June 7, 1832}
Recorded by R.McRae Clerk,
E Vol. 4 Page 24
Page 3

No. 37978
John Fink's affidavit
Lep under
[illegible]
No 1
W39975
John Fink au
NY
act 7 June 1832
Page 4

State of New York,
County of Onondaga, SS
In this eleventh day of June, in the year of our Lord one thousand eight hundred and fifty, personally appeared in open court before the Circuit Court now sitting in the city of Syracuse in the County of Onondaga and State of New York, John J. Fink, a resident of the town of Lysander in the County of Onondaga and State of New Your, aged fifty nine years, who being first duly sworn according to law doth on his oath make the following declaration, in order to obtain the benefit of the following acts of Congress, to wit: the Act of May fifteenth, eighteen hundred and twenty eight and the Act of June seventh eighteen hundred and thirty two: that he is a son and one of the heirs at law of John Fink a soldier of the war of the revolution, who performed part of his service in said war in a company of New York militia commanded by Captain Bradbig in a regiment commanded by Colonel Peter Waggoner: these statements this deponent had from his father while living: this deponent further states that his father the aforesaid John Fink told him while living that he lived when he entered the army in the war of the revolution in the town of Palatine in the County of Tryon, now Montgomery, in the State of New York, and that he returned to Palatine above named when he left said service, and further that his father the above named John Fink died in the town of Sullivan in the County of Madison and State of New York on the eighth day of July in the year eighteen hundred and thirty three, aged eighty years. This deponent further states that he is now sole administrator of the estate of his father the aforesaid John Fink and that he believes that there never has been any application made for a pension or annuity from the Government of the United States previous to this present: that he hereby relinquishes every claim whatever to a pension or annuity for the services of his father the aforesaid John Fink except the present, and declares that
Page 5

the name of the aforesaid John Fink is not on the Pension Roll of the agency of any State.
Sworn and subscribed before me the day and year first above written. 
John. J. Fink
F.W. Hubbard
Justice for Court

The said Courts do hereby declare their opinion, after investigation of the matter, that  John J. Fink, who has made oath to the above declaration is an heir at law and legal administrator of his father, John Fink, a soldier of the war of the revolution, and that the statements made by the said John J. Fink in the above declaration are entitled to full credit and belief.
F.W. Hubbard
Justice for Court

State of New York,
Onondaga County Clerk's Office, SS.
I CERTIFY, that FW Hubbard whose name is subscribed to the Certificate of the proof or acknowledgment of the annexed instrument, was at the time of taking such proof, or acknowledgment a Justice of the Supreme Court in and for the fifth judicial district of the state of New York, and duly authorized to take the same, and that I am well acquainted with his hand-writing and verily believe that the signature to said certificate is genuine.  And I further certify, that the said instrument, and the acknowledgment thereof, are executed according to the existing laws of the State of New York.
In Testimony whereof, I have hereunto set my hand and affixed the seal of said County, at Syracuse, this 12th day of June 1850
Rufus Cossit Clerk.
Page 6

Service
New York
Fink, John
Number
S.28728
Page 7

(3-1776)
Service
New York
Fink, John
Number
S-28728
Contents
Page 8

children-one of their son's name was William and our John - and (unclear) knew of no other JOhn Fink in the service in the Revolutionary War
Subscribed and (unclear) to before in this 30th day of January 1847. and I certify that (unclear) is a respectable person and his statement entitled to full credit. Joseph Wagginon?

 Jos. W. Hamilton
Justice of the peace
in forsaid county
The words "Gen Nicholas" were
interlined before it was signed by the deponents.
Jos. W Hamilton
Justice of the peace.
Page 9

N.O.M and B.L. Div
WBE
[illegible]
Department of the Interior 
Pension Office 
Washington DC. Nov. 28th. 1879. 
Dear Sir
Please furnish this Office with the names and present P. O. address of some of the descendants of John Fink, late a private in the Revolutionary War.
The heirs, through their agent Mr David T. D. Benedict of Auburn New York, made application for pension in the year 1850-2 and an old family record, prepared with great care and in unique style, was forwarded to this Office by John J. Fink son and administrator of the deceased Soldier. It is now desired to return this valuable document to the family who prized it so highly, all of whom resided within the delivery of your Office at & subsequent to 1852.
The names of the heirs, as found upon record here, are  John J. Fink, Jacob Fink (and)
Page 10

Department of the Interior 
Pension Office 
Washington D.C.

and Mary Keeler. 
Please return this letter with your reply in the enclosed Envelope 
Very Respectfully 
J. A. Bentley
Commissioner 
[illegible]

Post Master
Lysander P.O.
Onondaga Co. N.J.[NY]
John J. Fink died a few years since, his widow Mrs Nancy Fink resides here, PO address Little Utica Onondaga Co NY. Mrs Alex Coffin Little Utica, and Mrs Martin Emerick PO address Baldwinville Onondaga Co. NY, daughters of John J Fink are all of the family that I know anything about

Sara C. Wishel PM
Lysander NY Jany 6/80
Page 11

File No. 28.728

John Fink
Sergeant
letters and Receipt for
Family [?Records?] [illegible]
closed and to be filed
with case

Fish 18/80 W.D. Evans


[Stamp reading: Department of the Interior Jan 9 1880 Pension]
Page 12

January 17, 1933

Mrs. H.M. May                          BA-J/MCS [illegible]
141 W. Brookdale                    John Fink, S. 28728
Fullerton
California

Dear Madam:

Reference is made to your request for information in regard to John Fink who served in the Revolutionary War.

The data which follow were obtained from papers on file in the pension claim, S. 28728, based upon the military service of John Fink.

While a resident of Palatine, Tyron (which was later Montgomery) County, New York, he served from as early as 1777 until the close of 1782, at various times, and was in the New York militia under Captain John Bradbig and Colonels Peter Wagoner and Jacob Klock.

He married Dorothy Fox, date and place not given.

He died July 8, 1833, in Sullivan, Madison County, New York, aged eighty years. His wife did not survive him but he was survived by five children, their names are not designated, other than the three noted below.

It was state that the solider had sons, William, John, Jacob and Christian. The names of the soldier's parents were not given.

On account of the Revolutionary War services of John Fink, his son, John I., applied on June 11, 1850, for pension due because of said service and he was then living in Lysander, Onondaga County, new [sic] York, aged fifty-nine years. The claim was allowed in 1852 for six months service as private and for two years service as sergeant. It was allowed for the benefit of John I. Fink, Jacob Fink and Mary Keller (then the widow of Peter Keller) who were the only children of the solider then surviving.

[hand written note, referring to above paragraph]
stated it this was as no definite length of service was ever given. Claim was allowed for 2 mos. pvt. & 2 years sgt. simply [illegible] If from Comptroller [illegible] stole (only one found in case is dated, Albany 9th Mar 1847) and there is no doubt that this covers services of this particular Mr. Fink
Page 13

In 1880, John I. Fink was dead and was survived by his widow, Nancy, whose post office address was Little Utica, Onondaga County, New York. In that year reference was made to two daughters of John I. Fink,namely, Mrs. Alex Coffin of Little Utica and Mrs. Martin Emerick of Baldwinville, Onondaga County, New York.

Very truly yours

A. D. HILLER
Assistant to Administrator
Page 14

[left side of document]
1933 Jan 17 hist to Mrs H. W. May
W.C.S.

[right side of document]
28728
Rev INVALID

File no. 28, 728
John Fink
Sergt Rev War
Act June 7th 32
Index:-- Vol. 2, Page 138

(Arrangement of 1870.)
Page 15

37975
Jno Fink Dec
NY

DDT Benedict 2d July -50
Same 22 May 51
Same 27 Aug 51
Same 25 Mch 52

Secy Jnl- 15July 52

All letters in cl?

S.F.28728
Act 7 June 1832

Requesting the return of the family record of John Fink, dec.

Oct 21/53

Hon. J.E. Heath
Commissioners of Pensions
Washington D.C.
Page 16

Jno Fink Died July 8 1833, leaving surviving the following children as shown by cert of Court Jno J Fink, Jacob Fink, Mary Keller above named Jno I, Fink administrator 

Auburn 
January 8/52⎬ 
Sir
Permit me to enquire the results of your investigations in the claim ^of John [Fink] Frint, a Revolutionary Claim mailed to the pension office on the 11 Feby 1851 I trust it may receive your early attention 
Y O S
Daniel D T Benedict Esqr
By S B Tucker

Hon Jas E Heath
Com Pens
Page 17

Little Utica Feby 14th 1880 
I herewith acknowledge the receipt of the old  family record of J Fink will you inform Mrs Nancy Fink if there was ever a pension granted on the application of John Fink 
Nancy Fink 
Little Utica 
Onondaga Co. N.Y
Page 18

File No. 28-728
John Fink 
Sergeant 
Revolutionary War 
Died at Sullivan N.Y. July 8, 1833 The heirs- through John J. Fink administrator applied for Pension in 1850.
I David T. D. Benedick of Auburn NY acts as the agent of the heirs & forwarded to this Office in 1851 a “family record” to be filed in evidence. This family record it seems is highly prized by the family & it is now desired to return it to them. 
The residence of the oldest son in 1852 was Lysander N.Y. But the agent in a letter
Page 19

requests the return of this family record to him. Letter to Post Master at Lysander, Onondaga Co N.Y. Nov 28. 1879, making inquiry in regard to the present whereabouts of the heirs.
 Evans  clk 

Jno. J. Fink
Jacob Fink
And Mary Keller 
only heirs of 
John Fink 
family record left in the Jacket of the case till called for 
E 
returned to Mrs Jno J. Fink of Little Utica NY Jany 10 /80
Receipt obtained & filed this 18th Feby 1880
W.B. Evans
201
Returned
Page 20

Finks Case
No. 4
Page 21

State of New York
Montgomery County ⎬ ss Peter Eygabroad of said
County aged 90 years being duly sworn deposes and says that he is a pensioner of the United States, that he was well acquainted with
John Frink, during the war of the Revolution
that in said war the said John Frink was a
solder and did duty in the militia service - this deponent saw the said John Frick in the service at Fort Stanwix, he was then a Sergeant this deponent knows of no other John Frink in this section of Country during the Revolutionary War this deponent further says that John J. Frink who now makes application for a pension is the son of the said John Finch who served
as above mentioned, that the said John Frink
acted as Sergeant at Fort Stanwix, and station
the guards
subscribed and sworn to
this 30th day of January 1847
before me, and I further certify that deponent is a man of good character and his Statement entitled to full credit and the reason why he makes his mark is he was never taught to write
Ja W Hamilton
Justice of the peace
in for said County
The letter "I" in thirteenth hui from top was inserted before deponent executed the service & before the oath was administered by me
Ja W. Hamilton
Justice of the peace
his
Peter X Eygabroad
mark
Attn. Ja W. Hamilton
Page 22

p83    Feb 17- 1851
Auburn N.Y.

Feby 11/51.

D.D.T. Benedict

Appeals from the decision of the late Commissioner of Pensions in the Case of the heirs of John Fink for Revolutionary Pension &c------

NY  NY}2

[?Cean?] T[??]ptete

[check mark]
ack'd & Ref'd to Commissioner of Pensions for reexaminations
Dept [?MV?]
Feby 14/51
Page 23

Auburn, February 11th 1851. 
To the Hon.Secretary of the Interior.
On the 14th day of June 1850, I mailed to the Secretary of the Interior, proof sustaining the claim of the Heirs of John Fink to the Pension due said Fink at the time of his death, under the Act of June 7th 1832. To this application the Honorable Commissioner of Pensions replied on the 2d day of July, 1850 as follows: 
"To authorize the admission of the claim of John Fink, deceased, his alledged [alleged] service in the New York Militia must be sustained by the Records of the Comptroller's Office at Albany. Some record proof as to the date of his death is also required. 
Immediately thereafter I obtained  the original Family Record of Mr. Finks family, which together with the Certificate of the Comptroller of the State of New York was sent 
to the Pension Office. These papers fully sustained the statements made by John J. Fink, the Son and sole Administrator of the estate of the aforesaid John Fink.
I would here state that the aforesaid John Fink did not in his life time make an application for a Pension but that his Son John J. Fink did do so at the time above stated, and that at this
Page 24

time I did, as the Attorney of the afforesaid [aforesaid] John J. Fink mail to the Honorable Secretary of the Interior positive proof of the services of the afforesaid [aforesaid] John Fink in the war of the Revolution. 
There is now in the Pension Office the Declaration of John J. Fink the son of John Fink first above mentioned; the affidavits of Joseph Warner and Peter Fott, both of whom testify that they served in the New York State Militia, in the war of the Revolution and that John Fink did serve in said war with them.This is confirmed by the Certificate of the Comptroller of the State of New York. This claimant does not attempt to show that his Father served in the Continental Line as that was not the fact. He served in the Militia of the State of New York in the War of the Revolution and proved that service as is required by Law in order to secure a Pension. He produced all of the evidence that the Com. of Pensions did or could require and yet on the 23d day of July 1850, the Hon Commissioner did give a direct decision against this applicant for the reason as he then stated, that a man of the same as some similar name did de-
Page 25

sert from the Continental service in the time of said war. 
Therefore upon the Law and facts touching the case I now most respectfully appeal from this decision of the Honorable Commissioner of Pensions. Papers relative to the matter you will please direct to me at Auburn P.O.
Respectfully yours, 
Daniel D. T. Benedict 

Hon A. H. H. Stuart, 
Secretary of the Interior
Page 26

State of New York Montgomery County Peter Eygabroad of said county aged 90 years being duly sworn deposed and says that he is a pensioner of the United States, that he was well acquainted with John Frick during the war of the Revolution that in said war the said John Frick was a solder, and did duty in the militia service this deponent saw the said John Frick in the service at Fort Stanwix he was there a Sergeant this deponent knows of no other John
Frick in this section of country during the Revolutionary War this deponent further says that John Frick who now (illegible) application for a pension is the son of the said John Frick who served as above and, that the said John Frick acted as Sergeant at Fort Stanwix, and 
stationed guards. (illegible) and sworn to this 30th day of January 1847 before me, and I further certify that deponent is a man of good character and his statement (illegible) to full credit and his reason (illegible) his mark is he was never taught to write.
Jas W H (illegible) Justice of the peace
Page 27

p 83               Feb 17_ 1857
Auburn N.Y.

Feby 11/58.

D.D.T. Benedict

appeals from the decision of the late Commissioner of Pensions in the Case of the heirs of John Fink for Revolutionary Pension &c______

NY  NY}2

[?Cean?] F[??]ptete


[check  mark]
ack'd & Rep'd to Commissioner of Pensions for reexamination

Dept [?MV]
Feb 14/57
Page 28

Auburn, February 11th 1851.
To the Hon. Secretary of the Interior.
On the 14th day of June 1850, I mailed to the Secretary of the Interior, proof sustaining the claim of the heirs of John Fink to the Pension and said Fink at the time of his death, under the Act of June 7th 1832.
Page 29

time I did, and the Attorney of the aforesaid, John I. Fink in the (illegible)       
of the Revolution.

There is now in the Pension Office the Declaration of John I. Fink the son of John Fink first alone mentioned the affidavit of Joseph Wagner and Peter (illegible) both of whom testify that they served in the New York State (illegible), in the year of the Revolution that John Fink did serve in said (illegible) (illegible) then. (illegible) by the certificate of the Comptroller of the State of New York.
This claimant does not attempt to show that his further service in the continental Line was that                                  
(illegible) not the fact.
Militia of the State of New York in the news of the Revolution and
Page 30

New York       Fink,John    S.28728
Page 31

State of New York}
Montgomery County} SS

Peter Fox of said county aged eighty seven years being duly sworn deposes and says that he was in the service as a solider in the Revolutionary War, and was well acquainted with John Fink_ during the said War. They both lived in the same nieghborhood in the town of Palatine in the county of Tryon now Montgomery [interlined: County] [illegible, crossed out] this deponent knows that John Fink was in the Militia Service and did duty as a solider in the War of the Revolution_ the said John Fink was under Captain Bigbread under Col. Peter Waggoner & Col. Klock_ this deponent saw the said John Fink at Oriskeny_ a short time after the battle. he was assisting to carry a wounded man in Oriskeny. did not see him engaged in the battle but saw him there as a solider helping take care of the wounded. this was in the year 1777. the same year this deponent saw the said John Fink at Unadilla was there in the service as a solider_ this deponent recollects of seeing the said John Fink in the service as a solider very often but cannot recollect the different places where he saw him or how long he was engaged in the service. The said John Fink and his wife are both dead. The said John Fink married Dorothy Fox deponent was present at the marriage they had several children_ William John Jacob Christian were the sons of the said John Fink_ this deponent has often seen the said John Fink on duty as a solider at Fort Fox_ the said John served as sergeant, as this deponent believes and it was always so understood in the neighborhood_ deponent saw the said Fink at Fort Fox and at other places several different years during the War aforesaid_ also at Fort Paris

[signed] Peter Fox

Sworn & subscribed this 30th day of January 1847 before me and I certify that deponent is a man of integrity and his statements entitled to full credit

[signed] Jas W Hamilton_ Justice of the peace
in & for said county
Page 32

The words "Montgomery" in seventh line from the top were erased and the word "County" was interlined before signed by the deponent
Jas W Hamilton
Justice of the peace

[physical seal attached with loose paper which appears to have department information for Montgomery County State of New York]
Page 33

State of New York}
Montgomery County Clerk's Office} ss

I, J.W. Van Derveer, Clerk of said County, do hereby certify that James W Hamilton Esquire, whose name is subscribed to the certificate of proof or acknowledgemnt to which this is annexed was on the date of the same a JUSTICE OF THE PEACE, in and for said County, duly qualified, and authorised by law to take the same, and that the said certificate of proof &c, is taken according to the laws of this State. And further, that I am well acquainted with the hand writing of said JUSTICE, and verily believe his signature to the said Certificate is genuine.

In Testimony Whereof, I have hereunto subscribed by name, and affixed my official seal, at FONDA, this twelfth day of February 1850

John W. Van Derveer

[remains of physical seal]

[paper clip indicating this is attached to the referenced annexed proof]
Page 34

State of New York}
Montgomery County Clerk's Office} ss

I, J.W. Van Derveer, Clerk of said County, do hereby certify that James W Hamilton Esquire, whose name is subscribed to the certificate of proof or acknowledgemnt to which this is annexed was on the date of the same a JUSTICE OF THE PEACE, in and for said County, duly qualified, and authorised by law to take the same, and that the said certificate of proof &c, is taken according to the laws of this State. And further, that I am well acquainted with the hand writing of said JUSTICE, and verily believe his signature to the said Certificate is genuine.

In Testimony Whereof, I have hereunto subscribed by name, and affixed my official seal, at FONDA, this twelfth day of February 1850

John W. Van Derveer

[full imprint of physical seal]

[pages visible below indicate that this is a duplicate]
Page 35

Auburn NY Aug 20th 51

Hon
Sir your letter of the 26th last is before me and I am astonished to find that the department continue to say that we stated in any of our papers that John Fink did ever do Military duty in the Continental line, as for John Fink, or Finkner of the Continental line, we have not [a] thing to do with that Claim

The first declaration ever made by my client was sworn to John I Fink Son, and administrator, of John Fink Decesed [sic], on the eleventh day of June 1850_ this John Fink proves by indisputable evidence that he is a credible person, he then makes a declaration which is corroborated by the testimony of Joseph Waggoner and by the testimony of Peter fox both of whom, say positively, that they were in service, in the war of the Revolution, with John Fink, and that the same was Militia Service, under Captain Bradbig, in Colonel Peter Wagonners Regiment. the Statements of these witness [sic] was fully corrobortaed by the Certificate of the Comptroller of this State. and I was thereupon informed that [underlined] there was an old application in the pension office for a pension for one John Finkner [end underline] of the [underlined] Continental [end underline] and that the certificate of the comptroller
Page 36

of the State of New York in this case could not amount to any thing for the applicant in this case, simply because there was a [underlined] deserter [end underlined] by the name of [underlined] John Finkner [end underlined] in the [underlined] Continental [end underlined] line and because there was [underlined] no resemblance [end underlined] between the proofs in the one case [underlined] and in the other [end underlined]_ Now let it be remembered once for all, that I am the attorney of John I Fink whose Father was a Solider in Captain Bradbigs Company in Colonel Waggoners Regiment of New York Militia, and that to say that we ever made an application or proof [underlined] for any Man by the name [end underlined] of Fink except for John Fink the [underlined] Militia Solider of Colonel Waggoners Regiment [end underlined] is to say that which has not its foundation in truth_ if you are not aware of the fact you can be so by examining the facts in the case, that, this Finkner of the Continental line and this Fink for whom I am the attorney are two [smuged out, illegible] distinct persons and further you know or may know by examining the proof in your office, that the Statements made in your letter of the 23d July 1850 were gross errors_ and now you confess that you have lost part of my proofs in this case and as I am not accountable for the way you take care of your file of pension proofs, I have to ask that you reproduce the same and there dow [sic] Justice, in this case

Respectfully yours
Daniel D T Benedict

Hon Com. of Pensions
Page 37

Madison Surrogate's Court.
In the matter of the Personal Estate of
John Fink

Letters of Administration to
John I Fink
Page 38

[Waldron & Baker, Printers, Hamilton, N.Y.
THE PEOPLE of the State of New York, by the grace of God, free and Independent: To John J Fink

SEND GREETING:
Whereas, John Fink of the town of Sullivan in the County of Madison as is alleged, lately died intestate, having whilst living, and at the time of his death, goods, chattels, or credits, within this State; by means whereof, the ordering and granting administration of all and singular the said goods, chattels, and credits; and also the auditing, allowing, and finally discharging the account thereof, doth appertain unto us; and we being desirous that the goods, chattels and credits of the said deceased may be well and faithfully administered, applied and disposed of, do grant unto you, the said John J Fink full power, by these presents, to administer and faithfully to dispose of all and singular the said goods, chattels and credits; to ask, demand, recover and receive the elibts which unto the said deceased, whilst living, and at the time of his death, did belong; and to pay the debts which the said deceased did owe, so far as such goods, chattels, and credits will thereto extend, and the law require: Hereby requiring you to make, or cause to be made, a true and perfect inventory of all and singular the goods, chattels and credits of the said deceased, which have or shall come into your hands, possession and knowledge. Also, to make or cause to be made duplicates of such inventory, and cause the same to be signed by the appraisers, and the same so made and signed, that you make return thereof, to the Judge of the County of Madison, within three months from the date hereof; and further to render a just and true account of your administration when thereunto required. And we do by these presents, depute, constitute and appoint you, the said John J Fink Administrator of all and singular, the goods, chattels and credits which were of the deceased.

In testimony Whereof, we have caused the Seal of office of our said Surrogate to be hereunto affixed, Witness, James Welye Esquire, Judge of the said county of Madison, at his office in Hamilton in said County, the thirty -first day of May in the year of our Lord one thousand eight hundred fifty.

James Welye
Judge of Mad Co
Page 39

State of New York, 
County of Onondaga ss 

On this second day of February in the year of our Lord one thousand eight hundred and fifty, personally appeared before me, George A. Stansbury, a Justice of the peace in and for said County, Henry Y. Allen a resident of the village of Baldwinsville in the County of Onondaga and State of New York, who being first duly sworn according to law deposes and says, That he is well acquainted with John J. Fink a resident of the town of Lysander in the County of Onondaga and State of New York , and that he believes him to be a man of good moral character and one whose statements are entitled to full credit and belief.
Henry Y. Allen
Sworn and subscribed the day and year first above written before me Geo A Stansbury 
Justin of the Peace

State of New York 
County of Onondaga ss 
On this second day of February, in the year of our Lord one thousand eight hundred and fifty, personally appeared before me, George A. Stansbury, a Justice of the peace in and for said County, Payne Bigelow a resident of the village of Baldwinsville in the County of Onondaga and State of New York, who being first duly sworn according to law deposes and says, That he is well acquainted with John J. Fink, a resident of the town of Lysander in the County of Onondaga and State
Page 40

of New York, and that he knows him to be a man of good moral character and one whose word is entitled to full credit and belief.

Sworn and subscribed the day and year first above written before me

Payn Bigelow
Geo A Stansbury
Justice of the Peace

State of New-York,}
Onondaga County Clerks office} SS. 

I Certify that George A Stansbury whose name is subscribed to the Certificate of the proof or acknowledgment of the annexed instrument was at the time of taking such proof or acknowledgment a Justice of the Peace in and for said County, and duly authorized to take the same, and that I am well acquainted with his hand-writing and verily believe that the signature to the said certificate is genuine. And I further certify, that the said instrument and the acknowledgment thereof, are executed according to the existing laws of the State of New-York.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County, at Syracuse, this 12th day of June 1850

[signed] Rufus Cossit Clerk.
Page 41

141 W. Brookdale,
Fullerton, California.
January, 4, 1933.

Veterans Administration,
Washington, D.C.

Dear Sir:
Will you please send to me a copy of application for pension by
Captain John Finck, Tryon County Militia Land Bounty Rights, Second Regiment.
See Roberts New York in the Revolution.
Pages 176,236, 175, 257.
John Finck son of William, born January 18, 1753 in Tryon County New York State, died July 8, 1833, married October 3, 1788 to Dorothy ----born September 3, 1759, died on May 12,1823.

Children of John Finck were:- 
Caty born October 11, 1779, died November 7, 1779.
William b. October 9, 1780, died September 28, 1824.
Margret 6 September 25, 1782 died December 17, 1839
Elizabeth b December 29, 1784 died May 20, 1795
Caty b. July 16, 1787 died January 1788
Mary b. February 15, 1789 died ------
Anna (Nancy) b. July 16, 1793 died March 13, 1839
John I. b. April 22 1795 died May 18, 1865
Jacob b. ---- 1796 xxxxxxxxxx
Christian b. August 22, 1799 died March 10, 1832

Yours truly,
Mrs. H. M. May.
signature?
Page 42

Fink
No. 3
Page 43

John Fink decd 
NY
Act June 7 1832 
Admr 
6 mo pri $20 [plus]
2" Sargt 10 [equals]
30 per annum, 
coms 21 Mch 1831 & Ends 8 July 1833, when he died.
Payable to Jno J Fink admr for the benefit of himself & Jacob Fink & Mary Keller, only surviving Children.

Cert to D. D. T Bennett
Gallipoli Ohio
Page 44

p. 73
Auburn June 14 /50 
Danl D. T. Benedict
Atty for John J. Finck [John J. Fink]

Enclosing proofs sustaining the claim of John J Fink to a pension, for the services of his father John Fink a Revolutionary Soldier 

[illegible]

[illegible] to D. D. T Benedict June 17th 1850 

Refd to Comm of Pension 
Dep. Interior 
June 17 1850
Page 45

Mountain Cove Fayette Co Va March 5th 1852

Hon
Sir in Relation to the Claim of the heirs of John Fink mentioned in your letter of Feb. 28th 1852 - I have to say to you that John Fink for whom i am prosecuting a Claim has proven beyond a doubt that he (John Fink) did do service in a Militia Regiment in the war of the Revolution in and for the State of New York and this service is proven according to law by both the testimony of three witnesses who served with said Fink as also by the Certificate of the Comptroller of the state of New York it seems [crossed out: from] that the commissioner of pensions has found another man by the name of Fink or some name very much like it whom he (the Honorable Commissioner of Pensions) chooses to consider to be the same man for whom I am prosecuting, in this lies the Error of the Commissioner of Pensions and it is too palpable an error to be mistaken for the John Fink of whom I make the Claim does in full compliance with the pension law prove that he did do service in the Revolutionary war in the Militia of the State of New York he does not either by declaration or witness or by Certificate claim to have served in any other service than the Militaia and the Comptroller of the State of New York
Page 46

does allow him for a certain number of months of honorable ^service which he could not do if said Fink had been a deserter and [crossed out furth] further than this the deserter to whom the Honorable Commissioner of Pensions, alludes in this decision belonged to another department entirely (the John Finkner was a continental Soldier, so at least the Honorable Commissioner of pensions says, for by the by: we know nothing about any Finkner (sometimes called Fink) only what the Honorable Commissioner sees fit to tell us. The man (John Fink) for whom I claim was not John Finkner of the Continental line but he was John Fink of the New York State Militia the family is an honorable Family by the name Fink (not Finkner) as you will see by refrence [reference] to the declaration of his son and sole administrator viz. John J. Fink whose declaration has at the bottom of it the certificate of the court certifying to the
character of of said John J Fink the presiding Judge of said Court is a man of integrity and no less a personage than Gen James R Lawrence of Syracuse 
Yours with Respect 
Daniel D T Benedict 

Hon Secretary of Interior
Page 47

Hon. Thomas Ewing
Washington
Page 48

Auburn, June 14th 1850
Hon. Sir
Enclosed I transmit to you, the proof sustaining the claim of John J Fink to a pension, for the service of his Father, John Fink, a soldier of the war of the Revolution.
Papers in relation to the matter, you will please direct to me at this place.
Yours Respectfully,
Daniel D T Benedict
Atty for John J Fink


Thomas Ewing
Secretary of Interior
Washington
Page 49

Comptrollers Office
Albany 9th Mar 1847

Sir

Yours of the 9th Feb is rec'd, Below you have a statement of all that appears of the service of John Fink during the Revolutionary period.

[underlined] John Fynck. [end underline]

Priv  31. Dec, 78    John Zeely        Jacob Klock          9.11.2

[underlined] John Fink. [end underline]

"      31. Dec. 78       Do                    Do                       3.3.4
"        7 Nov. 79.       Do                    Do                      3.11.6
Serg 31 Dec. 82      John Bradbig   Peter Wagoner     8.0.0

Yours Respectfully
[signed] Philip Phelps
Dep Comp'r

Gardner Lawrence Esqr
Syracuse N.Y.
Page 50

39.

Auburn N.Y. 
Oct 3/57

Dan'l D.T. Benedict

Appeals from the decision of the Commr of Pensions in the Case of John Fink


Triplett

Ref'd to the Commr of Pensions for a report
Dept MW
Oct 6/50
Page 51

Auburn NY Oct. 3d 1851

Hon.
Sir, on the 11th day of February 1851, I mailed to you, an appeal in the case of John Fink a Claimant for a pension as one who proves that he has done Military Service in the Militia of the State of New York in the Revolutionary war for upwards of two years_ and on the 26th of August 1851, the Honorable Commissioner of Pensions, made a Reexamination of said Claim which is but an aggravated Reiteration of his [underlined] past errors in this case [end underlined] I am therefore under the necessity of requesting, that you will give me a decision, on my appeal above alluded to, at your earliest convenience

Respectfully Yours
Daniel D T Benedict

Hon. Alex W.H. Stuart
Secretary of the Interior
Page 52

Danl. D. T. Benedict
March 28/52
Page 53

27[?]

Pension Office,
March 25, 1852

Sir:

On your appeal in the case of John Fink, N.Y. Act 7 June 1832, the Secretary of he Interior has decided to allow a pension, but before a certificate can issue we must be furnished with a certificate of a court showing the number and names of the children living at his death. If you desire the family record, which shows the date of his death returned the cerificate of the court above mentioned showed [crossed out: shown showe showen] also state that he died on the 8th July 1833. If it is desireable that the money be paid John J. Fink who claims to be the administrator it must be show that he is such Adm'r When these requisitions are complied with a certificate will issue for six months service a private and 2 months as sergt. say $30 per an. to his Death.

Dan'l. D.T. Benedict Esqr.
Mountain Cove
Fayette Co
Va.
Page 54

July 15th 1852
Page 55

143
Pension Office,
July 15, 1852

Sir:
I have the honor to return herewith the letter of Mr. Benedict of the 8th April last an also the letter from this office to him of the 25 March previous, and to enclose you a copy of your letter to me of the 24 of March authorizing the allowance of the claim of John Fink. The computation mentioned in the letter to Mr. D. of the 25 March, was made from the evidence contained in the papers, and is as liberal, i think, as they will justify. Inclosed is a memorandum in pencil made at the time which will show the manner in which it was computed.

As none of the witnesses testified to the exact amount of service performed by Fink, I had, of course, to be guided by the payments indicated by the Comptroller Certificate.

I have &c.

Hon. Alex H H Stuart
Dept Int
Page 56

Gallipolis Ohio Oct 14th 1852
Hon
Sir
At the time when you informed me by letter that the Hon Secretary of the Interior had considered to give the heirs of John Fink the pension which was due to him at the time of his death you told me in that let that the family record of John Finks family should be restored to them I have not yet received it you will therefore do me a favor by sending the same to me

Yours respectfully
Daniel D T Benedict


Hon J E Heath
Commissioner of Pensions
Page 57

47

Auburn N.Y.
Nov 20/51

Dan'l D.T. Benedict

Appeals from the decision of the Com'r of Pensions in the case of John Fink.

Triplett

Ref'd to Comr Pensions for a Report
Dept Into
Nov 24/51
Page 58

Auburn
Nov 20/51

Sir

I this day received another letter from the Commissioner of Pensions In relation to the claim of John Fink to a Revolutionary pension; - Being the same claim on which I mailed an appeal to you some time since. The Commissioner continues to confound this case with that of another John Fink of which I know nothing. The facts in the case I hear fairly set forth in any appeal; I am therefor under the necessity of asking that you decide this case according to law.

Yours respectfully
Daniel DT Benedict

Hon  Alex H H Stuart Esqr
Secy of Interior
Page 59

Gallipolis Galia County State of Ohio
May 6th 1859
Hon

Sir
Enclosed I hand you the proofs of the time of the death of John Fink and other matters required in your late letter to me on appealed case of John Finks heirs.

The pension certificate for said Fink you will please direct to me at this place you would also do a favor to the parties concerned if you would return the original family record of John Finks family to me at the same time, and also a   set some directions now the administrator is to proceed in this case to draw his money in said claim

Your with Respect
Daniel D.T. Benedict

Hon J.E. Heath
Commissioner of Pensions
Page 60

Mountain Cove Fayette Co. Va. March 5th 1859
Hon
Sir any communication you may hereafter have to send to me in claim of John Fink a Claimant for Revolutionary pension you will please direct to me at this place. this claim was sent to the department from Auburn in the State of New York 
Yours Respectfully 
Daniel D T Benedict 

Hon. J E Heath 
Com of Pensions
Page 61

Auburn, N.Y. May 27, 1851

Sir,
Your letter of 22nd inst in relation to the Pension claim of John Fink is before me, in which you state that the Certificate of the Comptroller of the State of New York is not among the papers relating to said claim.  In answer I would say that I sent such a Certificate to the Commissioner  of Pensions; that John Fink did perform more than six months service in the war of the Revolution; that the Hon. Com. of Pensions did in a letter, dated at the Pensions Office, July 28th 1850, acknowledge the receipt of said Comptrollers Certificate. This letter from the Commissioner is now in my possession. If the above mentioned Certificate is not among other proofs now on file at the Pensions office in this case the fault lies with the Department.
Page 62

This you no doubt will readily discover and correct as soon as you look to the matter.

Respectfully yours,
Daniel D.T. Benedict

Hon Com of Pensions
Washington D.C.
Page 63

Auburn NY. April 9th 1857 [or 1851]

Hon Sir

At the request of the late Commissioner of Pensions I mailed Several months since the original Family Record of the Family of John Fink to be used as proof in the Claim of the heirs of Said John Fink to a Pension due him for services in the war of the Revolution the first proof in this Claim ever offered was sent by me to the Hon. Secretary of the interior on the 14th day of June 1850--now this is to request that when you shall have made your decision on said claim you will if you can consistently do so, return to the Family of John Fink their Family Record as the same is one that is much thought of by a large circle of his connections-- The answer to this you will please direct to me at this place

Yours
Daniel D.T. Benedict
Page 64

Brief in the case of John Fink dec
County ant State of New York
act 7 June 1832
------------------------------------------
Claim ("original," or "for increase.")

Proof exhibited, (if original.)

Is it documentary, traditionary, or supported by rolls?  If either, state the substance.

Evidence of Service Recent & Parol

(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?

Name and residence of Agent
Danl D.T. Benedict, Gallipolis Ohio

Thornton Triplett, Examining Clerk
Page 65

Auburn NY  July 25th 1850

Hon Sir

Yours of the 23 inst is at hand by which I am informed Johhn Finks pension Claim has been rejected You mention a declaration forwarded to you from Chautauque County now we know nothing about any such a Claim as the one you speak of my client made the first declaration that ever was made in this case on the eleventh day of June last as the administrator of the estate of his Father John Fink he  never declared for service under Col Gansavort or Captain Dewit but he did declare that his Father stated that he served under Captain Bradbig or Bigbrad in Col Waggoners Regiment he never stated that he served in the Continental establishment or in the New York
Page 66

State line, but he did prove by two living witnesses that he did serve in the militia of the State of New York one of those witnesses was Joseph Waggoner a Brother to Colonel Peter Waggoner and the other was Peter Fox both of the affidavits above alluded to are now in the pension office and all of the proof in said Claim has been sent by me to you by way of the Secretary of the Interior Since the 11 day of June last when I sent you the two affidavits proving as they did positively the Service of Mr Fink and when contrary to the requirements of law you asked of my client a certificate from the State department in addition to those two positive witnesses I beieved that it was done to produce vexation and I am not confirmed in that opinion whatever Finks or Finkners may have applied to you from Chautauque County we know nothing about them nor do we
Page 67

know or care how many men by that name might have deserted from the Continental line we have only John Fink of Colonel Waggoner Regiment to claim for and as he has made all the proof Required by law and as the declaration of his administrator shows clearly that there never was any former application made I have to ask that you would make a decision on the proof which we have sent you and not mix in any evidence which some deserter from Chautauque might at some time or other have seen fit to trouble you with

Yours with Respect
Daniel D.T. Benedict
Page 68

Pension Office
July 1850

Sir

The papers [illegible] by you to the Secretary of the Interior in the cases of Avis Wheaten dec [illegible] of Andrew Wheaten under the Act 4 July 1831, and of John Fink, dec [illegible] the act of 7 June 1832, have been referred to this office, all of which have been examined and placed in our files.

In the case of Mrs Wheaten it must be shown before it can receive a favorable decision, that her husband served not less than 6 months in [illegible] the period of the Revolutionary war and that she was married to him before his service commenced

The date of the marriage should be [illegible] the Certificate of the Town Clerk or Register of the Church or some other new proof and the service of her husband by the Certificate of the Comptroller of [illegible] cut, or by the testimony of three who served with him. The proof now furnished is not deemed at all sufficient to show the date of
Page 69

the Commencement of the termination of the serve of Mrs. Wheaten [illegible] of their Marriage.

To authorize the admission of the claim of John Fink, dec, his alleged service in the New York Militia must be sustained by the record in the Comptrollers office at Albany. Some new proof as to the date of his death is also required.

We cannot admit either of these claims upon the evidence now filed

2 July 1830

Daniel D.L. Benedict Esq
Auburn
W
Page 70

Pension Office
July 23rd 1850
Sir, 
The Certificate of the Comptroller of New York in relation to the service of John Fink transmitted by you to the Secretary of the Interior has been referred to this Office.
This Certificate affords no support tot eh claim of John Fink an applicant for a pension from Chataqua County NY. In his declaration he states that he enlisted in 1777 in the New York Line for 3 years, under Capt. DeWitt and Col. Gansevort. John Fink is not found upon the Roles of the New York Line but the name of John Finknes, by which one of the witnesses testify he was known in the army appears in Capt. DeWitt's Company of Col. Gansevort's Regiment as having enlisted on 28 April 1777 and as having deserted 15 July 1779.
John Fink claimed for no service under any one of the
Page 71

Officers referred to in the Certificate of the 
comptroller of New York, and having by his desertion from the New York Line forfeited all claim to pay then or pension now, the decision heretofore made against his application I am constrained to adhere to.

D.D.T. Benedict, Esq
23July 1832

Daniel D.T. Benedict Esq
Auburn
NY
Page 72

P.85
Auburn July 8/50
Daniel D.T Benedict

Enclosing Family Record of John Fink, + requests that it may be returned when done with.

W. Ames
July 1870


Ref. to Commr. of Pensions
Dept Interior
July 17, 1850
Page 73

Auburn July 8th 1850

Hon Sir. enclosed I transmit to you the Family Record of John Fink, as required by the Commissioner of Pensions to sow the time of his Death, which account of his Death can be found at the bottom of the right hand column.

After the Hon. Commissioner of Pensions is satisfied that John Fink did die as stated by his son, John J. Fink in his declaration he requests that the Hon. Commissioner of Pensions will return the said record, if the law will allow him so to do. The record has been in the Family for a long period of years and he considers it valuble to him. 

Yours respectfully,
Daniel D.T Benedict

Hon. Thomas Ewing
Washington DC
Page 74

Hon Thomas Ewing
Secretary of Interior
Washington
D.C

p84
Auburn N.Y. July 11/50
Danl D.T. Benedict

Enclosing certificate from the Comptroller of N. York rel to the services of John Fink, Revol Sold H.H.

? to D.D.T. Benedict
July 17, 1850

to Amer
July 17/50

Ref'd to Comm of Pension
Dp of Interior
July 17, 1850
Page 75

Auburn July 11th 1850

Hon. Sir

Enclosed I transmit to you the Certifficate* from the Comptroller's department, of the services of John Fink, soldier of the War of the Revolution, as required by the Hon. Commissioner of Pensions under date of July 2th.

Yours respectfully,
Daniel D. T. Benedict

Hon. Thomas Ewing
Secretary of Interior
Washington
D.C.
Page 76

Department of the Interior
Washington March 24, 1852

Sir

From an examination of the evidence in the case of the heirs of John Fink dec'd, I think that the evidence in the case warrants the allowance of the Pension. The declaration + other testimony shows the Service under Bradley in 1780. The testimony of Waggoner proves the Service in 1778. Taking the statements of the witnesses in connection with the Comptroller's Certificate the case is made out. You will therefore please allow the claim. The papers in the case are herewith returned.

I am very respectfully, 
Your obedient servant, 

Alex H. H. Stuart
Secretary

{James E. Heath, Esq.
Commissioner of Pensions}
Page 77

1812 
E 
D
claim 33.043 

Department of the Interior 
Washington, DC. Jan'y 10. 1880 
Madam 
I herewith transmit to your address the old family record which was forwarded to this office to be filed in evidence when the heirs of John Fink, deceased Rev Soldier, made application for pension.
Please acknowledge the receipt of the Record and return this letter with your reply under cover of enclosed envelope.
Very respectfully 
J. A. Bentley
Comm Pension

Mrs. Nancy Fink
Little Utica 
Onondaga Co
NY.
Page 78

copy

Pension Office
May 28, 1851.

D.D.T Benedict,
Auburn, NY

Sir:

On a re-examination of the case of John Fink, dec'd. I find no evidence to justify its admission. There is no certificate from the Comptroller of New York in the papers and not one of the witnesses attempts to specify as much as six months service.

Triplett.              J.E. Heath, Comr.
*********************************************

copy

Pension Office,
Augt. 27, 1851.

D.D.T. Benedict.
Auburn, NY

Sir:

In reply to your letter of the 27t May last, you are informed that the Comptroller's certificate referred to, in the case of John Fink dec'd. cannot be found among the papers on file, but on reference to my letter to you of 23 July 1850, I find that it was received, and you were informed that it did not relate to the individual for whom you were claiming pension. The individual in his declaration states, that he enlisted in 1777 in the New York Line for three years under Capt. Dewitt and Col. Gansevort. The name of John Fink is not found on the rolls of that line, but that of John Finkner is there found under the same captain and colonel mentioned by the applicant and one of the witnesses testifies he was known by that name in the army, which leaves no doubt of his being the identical individual as he is shown by the rolls to have enlisted at the same time set forth by the claimant, who set forth no service under the officers named in the certificate of the Comptroller. This man having deserted forfeited all claim to pension.

Kirby.       Very & E.
****************************************

See Rejected File No. 3549
claim of John Fink the 
deserter. aw