Revolutionary War Pension and Bounty Land Warrant Application File W. 15854, for Edward Smith, New York
Page 1

(3-1776)

SERVICE
New York
Smith, Edward    
Demeous

NUMBER
W. 15854

CONTENTS

res. of Franklin, Putnam Co. N.Y. he died at Freetown, Cortland Co. N.Y. May 25, 1841, she died there May 25, 1848
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1859 Apl. 27  P. Agt directed to pay sister children as Admin.


5.164
New York    A
Demeous Smith deed
[widow] of Edward Smith decd 
who died on the __ of __ in the State of __ who was a Priv. in the __ commanded by Captain __ of the __commanded by __in the__line for N.Y. Revolution
 ---
Inscribed on the Roll of Albany
at the rate of 3 dollars 33 Cents
per annum, to commence on the 25 day of
[March 18, with line marked through it]  May 1841  & ending 25. May 1848

Certificate of Pension issued the 28. day of
Oct. 1857 and sent to T. Lumpkin

Arrears to the 4th of
Semiannual allowance ending 

{Revolutionary Claim, Act July 4, 1836, Section the}
Recorded by R. McRae clerk,
Book D Vol. 2 - Page 361
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33.071
New York    [Ct]
Edward Smith deed
of  in the State of  who was a Priv. in the   commanded by Captain  of the  commanded by  in the line for Revolution
---------------------------------------------------
Inscribed on the roll of Albany the rate of 33 Dollars 33 Cents per annum, to commence on the 4th day of March, 1831. End 25 May 1841
Certificate of Pension issued the 28 day of Oct. 1852 and sent to T. Lumpkin Prest.
Arrears to the 4th of
Semi-annual allowance ending
{Revolutionary Claim, Act June 7, 1832.}
Recorded by R. McRae clerk,
Book E Vol. 4 Page 69
Page 4

State of New York, Cortland County} SS
I Lewis Kingsley a Judge of Cortland County Court the same being a Court of Record do hereby certify that satisfactory evidence has been addressed before me satisfactory to me the said Judge that Demeous Smith Widow of Edward Smith, deceased died in the Town of Freetown in the County of Cortland and State of New York on the 25th day of May 1848 that at the time of her death, she left the following named Children her surviving viz  Parmia Russell Silas Smith Beda White Stephen W Smith Jeresha Elsworth  That they are her only children her Surviving and that they are all Twenty one Years of age.  In testimony whereof I have here unto Subscribed my name this 10th day of August AD 1852 -   (signature) Lewis Kingsley Cortland County Judge
 
State of New York,  
Cortland County Clerk's Office} SS. [SEAL Visible]
I, Rufus A. Reed, Clerk of said County, do hereby certify that Lewis Kingsley, Esq before whom the annexed^certificate was taken, was at the time of taking the same, a Judge of Courtland Co. Courts in and for said County, and duly authorized to take the same: And further, that I am well aquainted with the handwriting of said Judge and verily believe the signature to the Jurat thereof, is genuine. In testimony whereof, I have hereunto set my hand and affiexed  the seal of said County, this 10th day of August 1852 (signature) Rufus A. Reed Clerk
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15
State of New York
Cortland County } SS.
On the 17th day of September 1845
Personally appeared before the Subscriber Walton Swetland a Judge of the Court of Common Pleas in and for said County the same being a Court of Record Demeous Smith Resident of Freetown in said County aged Eighty Seven years...Who being first duly Sworn according to Law doth on her oath make the following declaration in order to obtain the benefits of the Provision made
by the act of Congress passed July 4th 1836 -
Entitled an act granting half pay and pension to Certain Widows
That She is the Widow of Edward Smith who was a Private and Soldier and served at short intervals The Principal part of the Revolution she further says that in the year 1779- her said husband was drafted in a place called Franklin in the County of Putnam State of New York and served in a Company commanded by Capt Comfort Ludington in Col Henry Ludington Regiment and in the same year he served a Company Commanded by Capt Head in Col Henry Ludington Regiment and in the same year he served in a Company Commanded by Capt. Meads in Col. Henry Ludington Regiment and in the same year 1779-he was drafted and served in a Company Commanded by Capt. Onderdonk in Col. 
Hay Regiment and during the three terms of [ink blot] this declarant belives
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that her said husband served upwards of Six months, or
thereabouts
---
This declarant further say that in the year and winter of 1780 the Army or a portion of it lay in Winter quarter in a place called Franklin in said
County of Putnam N.Y. and that my said  husband belonged to the same, and she further says that in the year 1782 her said Husband was again drafted and served in a company commanded by Capt White in Col Weisenfels Regiment
---
and said about Nine months and this declarant
further says that her said husband served at West Point Haverstraw White Plains Fish Kill Peeks Kill Highlands and continued to serve untill the close of the war in 1783. She further declares that she was married to the said Edward Smith the 28th Twenty Eighth day of November Seventeen hundred and Eighty 1780 by Elder Closs in the town of Franklin in the County of Putnam N.Y.
That her husband the aforesaid Edward Smith
died the 25th day of May (1841) Eighteen Hundred and forty one that she was married to her said husband previous to his last term of Service.
Demeous Smith X her mark
Sworn to and subscribed this day and year above written before
Walton Swetland, Judge
of Cortland County Courts
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I certify that the above named [illegible] Smith
is unable to attend the setting of the Court in
consequence of the infirmities of old age and that
she sustains a good character for truth and
Varacity
Walton Swetland Judge &c
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12.
State of New York
Cortland County ⎬ SS.
On the 17th day of September
1845 Personally appeared before the Subscribed Eleazer
W Edgcomb a Justice of the Peace in and for said
County Maryle of Freetown Cortland County
aged forty one years who
being first duly sworn according to law doth
depose and say that she is a daughter of Edward
Smith and Lemeous Smith that her further then
said Edward Smith died in the town of Fenton
the
in the County of Cortland on the 25th day of
May 1841 - That his mother the said Lemeous
Smith has remained a widower since the
death of her said farther-
Sworn to and subscribed this day
and year above Written before
me E W Edgcomb
Justice of the Peace
Her
mary white
mark
Witness
John Carver
-
I certify that the above named Mary the
sustains a good Character for truth and
Varacity
E W Edgcomb
Justice of the Peace
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M3

State of New York
Cortt and County S.K.

On the 2d day of March 1846 
Personally appeared before the Subscriber Eleazer N
Edgcomb, a Justice of the Peace in and for said 
County Martin Smith Resedant of Lode in the 
County of Onondaga, State of New York aged 
Eighty two years
Who being first duly sworn according to Law 
doth depose and say that he has been acquain
ted with Edward Smith and Demeous Smith
his widow Late of Fintown in the County of 
Cortland That he first became acquainted with 
Them in the Place called Franklin in the County
of Putnam and State of New York That the 
said Edward Smith was married to Demeous 
Wourden by Elder Closs in the Town of Franklin
in the County of Putnam N.Y. in the fall of the 
year 1780 / Seventeen Hundred and Eighty That the
deposed was present at the marriage, and livd
in the same neighborhood at the time, and that 
I am now on a visit from Onondaga Co to see 
the said Widow Smith in Fintown Cortland 
County and that I am a Relative of the said
Edward Smith - over
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Martin Smith

Sworn to and subscribed this day and year for
above Matter before
E N. Edgcomb
Justice of the Peace

I Certify that the above named deponant Martin
Smith sustains a Good Charactor for truth
and varacity. 

E.N. Edgcomb
Justice of the Peace
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No 4
State of New York 
Cortland County } SS. 
On the 15th day of April 1846 Personally appeared before the subscriber Herman S Conger Esq a Justice of the Peace in and for said County of Cortland William Thompson Resedent of the town of Truxton in the County of Cortland aged Eighty years 
Who being first duly sworn according to Law doth depose and say that he was acquainted with Edward Smith and Demeous Smith his Wife formerly of Franklin in the County of Putnam and State of New York in the time of the Revolution That he resided in the same Neighborhood with them in the year (1780) Seventeen Hundred and Eighty That the said Edward Smith was married to Demeous Worden by Elder Closs in a place called Franklin in the fall of the year 1780 Seventeen Hundred and Eighty - That this deponant was Present at the time of the Marriage and this deponant further says that the said Edward Smith mooved several years since from Franklin Putnam County to the town of Freetown
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in the County of Cortland and State of New York 
[signed] William Thompson 
Sworn and Subscribed this 13th day of April 1846 before 
[signed] H. S. Conger Justice of the Peace

I certify that the above named deponant is a reputable person
[signed] H. S. Conger Justice of the Peace
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No. 5
In pursuance of a law passed the 27th of April, 1781, entitled “An act for the settlement of the pay of the Levies and Militia, for their service in the late War, and for other purposes therein mentioned,” the following certificates have been issued, bearing interest at five per cent per annum, viz:
10th June 1779  |  Edward Smith priv  |  £ 1.6.1
15th Oct 1779 |  Edward Smith priv  |   4.3.6
28th Dec 1782 |  Edward Smith priv  |   21.3.1

State of New-York, 
COMPTROLLER'S OFFICE, Albany 
I hereby certify the above to be true extracts from Book No. now remaining in this office, and that the service for which the certificates above named were issued, were performed under the following officers, viz:
First - under Capt Joel Mead in Col. Heny. Ludington Regt.
Second - under Capt Jacob Onderdonk in Col. A Hawk Hay Regt.
Third - under Capt Andrew White in Col. Fredk. Weissenfels Regt.

[signed] Philip Phelps Dep Compr
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No 6.
State of New York 
Secretary's Office 
I certify that it appears by the Minutes of the Council of Appointment of this State in this office that Joel Mead was appointed and Commissioned Captain of a Company in the Regiment of Militia in the county of Dutchess whereof Henry Ludinton was Colonel on the 28th day of May 1778: And I further certify that it appears by the said minutes that on the same day Jacob Onderdonk was appointed and commissioned captain of a Company in the Regiment of Militia in the County of Orange whereof A. Hawks Hay was Colonel: And I further certify that it appears by the said Minutes that on the 10th day of July 1782 Andrew White was appointed and commissioned Captain of a Company in the Regiment of Levies for the defence of the Frontiers whereof Frederick Weissenfels was Lieutenant Col. Commandant. 
[signed] Archd. Campbell 
Dep. Sec. of State

Albany December 27 1845
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State of New York 
Cortland County
Clerks office SS  I Samuel Hotchkiss clerk of said County do hereby certify that Walton Swetland Esq before whom the within affidavit of Demeous Smith was taken was at the date thereof Judge of the County Courts in & for the said County & duly commissioned & Sworn Also that Eleazer W Edgcomb Esq before whom the within and annexed affidavits of Mary Uhle & Martin Smith was taken was a Justice of the Peace in & for said County duly commissioned and Sworn and I do further certify that Harmon S. Conger Esq before whom the within and annexed affidavit of William Thompson was taken was at the date thereof also a Justice of the peace in & for said County duly commissioned and sworn I do also further certify that I am well acquainted with the handwriting of these the said Walton Swetand Eleazer W Edgcomb & Harmon Conger and verily believe their respective signatures subscribed to the said affidavits respectively to be their respective Genuine Signatures 
In Testimony whereof I have hereto subscribed my name & affixed the seal of said County at Cortlandville the 16th day of Apl. AD 1846 
[signed] Saml Hotckhkiss Clerk

Sep ‘45
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Demeous Smith 
NY Juy 36 

Comr. Pensions 
Please allow Mr Thos Lumpkin whom I have made my agent for the purpose to examine the papers on file in this case & to prosecute the claim December 1851
[signed] H S Conger 
Ex by T. Lumpkin 
Jan 20 -52
Page 17

State of New York 
County of Dutchess } ss.
Be it known that on this 15th day of October 1851 Before me the undersigned a Justice of the Peace in and for the County and State aforesaid Personally appeared Parmea Russell and made oath in due form of Law that she is the daughter of Demeas Smith formelly the Widow of Edward Smith That she has been informed that her mother the aforesaid Demeas Smith deceased was in her life time an applicant for a Pension under the act of 4th of July 1836 - That she is directly interested as a clament in said Pension and makes this affidavit to be filed with such additional evidence or arguments as my agent or attorney may use in prosecuting said Claim 
[signed] Parma Russell X her mark
Sworn and subscribed the day and year aforesaid before me 
[signed] Chas H Hall Justice of the Peace 

I Chas. H Hall a Justice of the Peace in and for said County do hereby Certify that Parmea Russell who executed the foregoing papers is a Respectable resident of this County and is I believe directly interested in said Claim as therein set forth – 
[signed] Chas H Hall
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Know all men by these Presents that I Parmea Russell of Pawlings in the said County of Dutchess N.Y do hereby constitute and appoint H S Conger of Cortland Village Cortland County N. Y my true and Lawful agent and Attorney for me and in my name to prosecute the claim of the Children of the said Demeos Smith deceased for any amount of Pension that may be due and I hereby authorize my said agent or attorney to examine all the papers on file in the department at Washington in Relation to said Claim and to Receive the Certificate of Pension which may issue for said claim to appoint one or more substitute for the Purpose herein expressed and to do all things that I might or could do were I personally present hereby Rattifying and Confirming all that my said agent and attorney shall Lawfully do in the Premises Witness my hand and seal this day of October 1851 – 
[signed] Parmea Russel X her mark
Sealed & delivered in Presence of 
[signed] Chas H Hall 

State of New York 
County of Dutchess }
On this 15 day of October A D 1851. Before the Subscriber a Justice of the Peace in and for the
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County aforesaid personally appeared Parma Russell and acknowledged the foregoing Power of Attorney to be her act and deed for the purposes therein mentioned 
In Testimony whereof I have hereunto set my hand the day and year aforesaid –
[signed] Chas H Hall Justice of the Peace
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STATE OF NEW YORK. 
COUNTY OF DUTCHESS. } ss.
I, Joseph T. Adriance, Clerk of the County of Dutchess, and of the Courts of said County, DO HEREBY CERTIFY, THAT Charles H Hall Esq whose name is subscribed to the annexed Jurat or Certificate, and thereon written, was at the time of taking the same a Justice of the Peace in and for the County aforesaid, dwelling in the said County, duly elected and sworn, and authorized to take the same. And further, that I am well acquainted with the handwriting of the said Justice, and verily believe that the signature to the said Jurat or Certificate is genuine. 
In Testimony whereof, I have hereunto set my hand and affixed the Seal of the said County and Courts, this 4th day of Decr A.D. 1851 
[signed] Jos. T. Adriance Clerk.
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August 6, 1937 
Edward Smith W.15854 
BA-J/MCS
Mrs. C. T. Rodermond 
46 Heermance Place 
Ridgewood
New Jeersey
Dear Madam: 
Reference is made to your letter of July 17, 1937, requesting information relative to Revolutionary War soldiers, John Jersey and Edward Smith. 
The data which follow were obtained from papers on file in the pension claim, W. 15854, based upon the Revolutionary War service of Edward Smith. 
The date and place of his birth and the names of his parents were not given. 
He enlisted at Franklin, Putnam County, New York, served at various times from 1779 until the close of the Revolution in 1783, amounting in all to about fifteen months, as private with the New York troops under Captain Comfort Luddington, Jacob Onderdonk, Joel Mead and Andrew White, and Colonels Henry Luddington, A. Hawkes Hay and Frederick Weissenfels. 
He married November 28, 1780, in Franklin, New York, Demeous Worden or Wourden. 
Edward Smith died May 25, 1841, in Freetown, Cortland County, New York. 
In September, 1845, his widow, Demeous Smith, was living in Freetown, New York, aged eighty-seven years.
Page 22

Demeous Smith died May 25, 1846, in Freetown, New York, and was survived by the following children only, and all were of age: Parma or Parmea Russell who in 1851 was living in Pawlings, Dutchess County, New York, Silas, Beda White, Stephen W. Smith, and Jerusha Elsworth. 
In 1845 Mary Uhle, daughter of Edward and Demeous Smith was living in Freetown, New York, aged forty-one years. In 1846 Martin Smith, resident of Lodi, Onondaga County, New York, aged eighty [illegible, one or two] years stated that he was a relative of Edward Smith. In 1855 Edward B. Russell of Virgil, Cortland County, New York, was the administrator of the estate of Edward and Demeous Smith but it was not shown whether he was the husband or son of Parma or Parmea Russell. 
The pensions due both the soldier and his widow were allowed for the benefit of the children who survived the widow, namely those given above who were living in 1848. 
The Revolutionary War records of this office fail to afford any information in regard to a John Jersey. 
Very truly yours 
A. D. HILLER 
Executive Assistant to the Administrator
Page 23

Rev WIDOW, &c. 
File No.15854 
Demeous Smith 
Widow of 
Edward Smith
Pri Rev War
Act July 4th 36 
Index: Vol. M, Page 222
{Arrangement of 1870.} 

[19]27 Aug 6 hist to Mrs. [C. ]T. Rodermond, M.C.S.
Page 24

[stamp]
RECEIVED JUL 19 1937

46 Hermance Pl. 
Ridgewood 
New Jersey 
7/17/37 
A. D. Hiller
Executive Assistant 
Dear Sir: 
Can you supply me with the Revolutionary War record and any personal information such as exact place of birth parents names etc of the following soldiers 
John Jersey 
Private in and regiment Orange Co Militia Ann Hawk Hay Col 
Jacob Onderdonk Capt.
Page 25

References I have are from Vol 1 p 404 Ferno’s  N.Y in Rev.
v4. P 59 name record certificate of Treas. 
V159 Calender of Historical manu. relating to Rev. War From N. Y. State Library 
also of Edward Smith Private in Col Ann Hawk Hay’s Regt. 
Capt Jacob Onderdonk 2nd Orange Co Militia 
References in Vol 1 – p 474 Ferno’s NY in Rev.
Vol P p 164 Tompkin’s Hist of Rockland Co NY – 
(Mrs. C T.) Jeanette Rodermond
Page 26

Let Thomas Lumpkin
April 14th 1852
Page 27

276
Pension Office 
April 14, 1852 
Sir: 
I hereunto return a copy of a letter addressed to the Hon. H. S. Conger of the House of Representatives on the 31st of May last, relative to the claim of Demeous Smith, an applicant for the benefit of the Act of July 4, 1836, whose claim had been rejected by this office and the grounds of the rejection concurred on by the Hon. Secretary of War and also a letter addressed to you by Harvey Heath. As they are not accompanied by additional testimony, or explanatory statements I am at a loss to understand the defect for which they were filed.
[signed] Thomas Lumpkin Esq
Present.
Page 28

State of New York 
Chenango County } SS. 
On the 12th day of August 1846 personally appeared before the subscriber David Leach - a Justice of the Peace in and for the said County Ebenezer Robinson Resident of German in said County aged Eighty Seven years who being first duly sworn according to Law doth depose and say that he is well acquainted with Edward Smith deceased and his widow Demeous Smith late of Freetown Cortland County N. Y. Formilly Residents of Franklin Putnam County N. Y. That this deponent was well acquainted with the said Edward Smith and his wife Demeous Smith before the War of the Revolution and during the said War and that they all lived in the town of Franklin aforesaid that this deponant was drafted in the year 1781 and served in Col Fredrick Weissenfels Regiment and that he this deponant was knowing to Edward Smith Serving and belonging to Colonel Weissenfels Regiment the next year 1782 - and this deponant further says that he well recollects that the said Edward Smith and Demeous Smith lived togeather as husband and wife a year or two before he belonged to Col. Weissenfels Regiment in the year 1782 – 
This deponant further says that he has seen the said Edward Smith and his wife
Page 29

Demeous Smith since they have lived in the town of Freetown Cortland County that their Resedence and this deponants Resedence in German Chenango County are situated about fifteen miles distant from Each other and further this deponant saith not 
[signed] Ebenezer Robinson  X his mark
Sworn and subscribed the day and year last above Written before 
[signed] David Leach 
Justice of the peace 

I certify that the above named Ebenezer Robinson Sustains a good Charactor for truth and varacity 
[signed] David Leach
Page 30

STATE OF NEW YORK
Chenango County Clerk’s Office } ss.
I, B. B. Andrews, CLERK OF SAID County, do hereby certify, That David Leach whose name is subscribed to the certificate of the proof or acknowledgement of the annexed instrument, and thereon written, was at the time of taking such proof or acknowledgement, a Justice of the peace in and for said county of Chenango, dwelling in the said county, commissioned and sworn, and duly authorized to take the same . And further, that I am well acquainted with the hand writing of such Justice and verily believe that the signature to the said certificate of proof or acknowledgement is genuine.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said county, the fifteenth day of August A.D. 1846.
[signed] B. B. Andrews Clerk.
Page 31

Secretary's Office 
Albany Aug. 20. 1846 
Sir, 
Your letter about Ephraim Ketchum with one dolar enclosed was recd. on the 13th inst. but the clerk in the Comptrollers Office who makes the searches for Old Soldiers is out of Town which caused delay – another made the search and I enclose a certificate of what he found in relation to said Ketchum. It seems he was not in the Levies: Fredk. Fisher was Col of Militia in Tryon county. 
Putnam County was erected June 13. 1812 from the County of Dutchess. 
Yours respectfully 
Archd. Campbell 
Dep. Sec. of State

E W. Edgcomb Esq
Page 32

E. W. Edgcomb Esq 
Cortland Village 
N. Y.

[calculations]

B
Page 33

6715 
Demeous Smith 
N.Y.
Act 4 July 36 
Letter to E. W. Edgcomb 6. July, 1846.

3
Page 34

The case of Edward & Demeous Smith, admitted by the Secretary of the Interior upon appeal -
Page 35

Cortland Village Cortland 
County N.Y April 16 1846 
Sir 
I send you herewith the application the of Demeous Smith widow of Edward Smith for a pension under the act of July 4 1836 –
When acted upon I wish you would send the certificate to me 
I am Very Respectfully 
your obedient Servant 
[signed] E W Edgcomb 

J L Edwards Esq 
Commissioner of Pensions 
Washington
Page 36

Department of the Interior 
Washington October 26th 1852. 
Sir
I have examined the testimony in the case of Demerous Smith and am of opinion that it fully establishes the marriage - The length of service should be computed by the amount of pay received by her husband as appears from the Comptrollers certificate viz. £26.12.8 – 
The proof should be regarded as complete when the last evidence was filed - The papers in the case are herewith returned. 
I am very respectfully 
Your obedient Servant 
[signed] Alexr H. H. Stuart 
Secretary 

James E. Heath Esqr 
Commissioner of Pensions
Page 37

Cortland Village Apl 29 /53 
Sir
Will you be so good as to call on the Commissioner of Pensions and have him direct the Agent for paying Pensions in the Albany N Y Agency to pay the share of Silas Smith to the Pension of Demeous Smith & Edward Smith to Edward B Russell administrator of the Estate of Edward Smith deceased and Demeous Smith deceased on his Producing necessary & Proper vouchers 
I send you Certificates of the Surrogate to show that Russell has been duly appointed administrator 
The Pension has all been paid except the Share of Silas Smith and that his whereabouts is unknown 
I am Very Respectfully 
Your obt Servant 
[signed] E W Edgcomb 

Thomas Lumpkin Esqr 
Washington DC
Page 38

[Document is too dark to be legible]
Page 39

[Document is too dark to be legible]
Page 40

Cortland Surrogate Court. 
IN THE MATTER OF THE PERSONAL ESTATE OF Demius Smith DECEASED. 
Letters of Administration.
Page 41

THE PEOPLE OF THE STATE OF NEW YORK TO Edward B. Russel , SEND GREETING:
Whereas Demious Smith as is alleged, lately died intestate, being at or immediately previous to her death, an inhabitant of, or having left assetts which then were, or have since come within the county of Cortland by means whereof the ordering and granting administration of all and singular the goods, chattels and credits, of which the said intestate died possessed, and also the auditing, allowing and final discharging the account thereof, do belong unto our Surrogate of the county of Cortland. And we, being desirous that the goods, chattels and credits of the said intestate shall be well and faithfully administered, applied and disposed of, Do GRANT unto you the said Edward B. Russel full power by these presents to administer and faithfully dispose of all and singular the said goods, chattels and credits; to ask, demand, recover and receive the debts which unto the said intestate whilst living and at the time of her death, did belong; and to pay the debts which the said intestate did owe, as 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 intestate within a reasonable time, and return a duplicate thereof to our Surrogate of the county of Cortland, within three months from the date of these presents; and if further personal property or assets of any kind not mentioned in any inventory, that shall have been so made, shall come to your possession or knowledge, to make or cause to be made, in like manner, a true and perfect inventory thereof, and return the same within two months after discovery thereof. 
And we do by these Presents, depute, constitute and appoint you, the said Edward B. Russel administrator of all and singular the goods, chattels and credits which were of the said Demious Smith deceased. 
IN TESTIMONY WHEREOF, we have caused the seal of office, of our said Surrogate to be hereunto affixed: Witness, Lewis Kingsley, Surrogate of our said County of Cortland, at Cortlandville in said county the 17th day of March in the year of our Lord one thousand eight hundred and fifty three
[signed] Lewis Kingsley Surrogate 

CORTLAND COUNTY, 
SURROGATE'S OFFICE, } ss. 
Recorded the preceding letter of administration to Edward B. Russel in Book B Page 124 of Letters testamentary and of administration, this 17th day of March in the year of our Lord, 1853 
[signed] Lewis Kingsley SURROGATE.
Page 42

Cortland Surrogate Court. 
In the Matter Personal Estate of
Edward Smith Deceased
Letters of Administration.
Page 43

THE PEOPLE OF THE STATE OF NEW YORK TO Edward B. Russel , SEND GREETING:
Whereas Edward Smith as is alleged, lately died intestate, being at or immediately previous to his death, an inhabitant of, or having left assetts which then were, or have since come within the county of Cortland by means whereof the ordering and granting administration of all and singular the goods, chattels and credits, of which the said intestate died possessed, and also the auditing, allowing and final discharging the account thereof, do belong unto our Surrogate of the county of Cortland. And we, being desirous that the goods, chattels and credits of the said intestate shall be well and faithfully administered, applied and disposed of, Do GRANT unto you the said Edward B. Russel full power by these presents to administer and faithfully dispose of all and singular the said goods, chattels and credits; to ask, demand, recover and receive the debts which unto the said intestate whilst living and at the time of his death, did belong; and to pay the debts which the said intestate did owe, as 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 intestate within a reasonable time, and return a duplicate thereof to our Surrogate of the county of Cortland, within three months from the date of these presents; and if further personal property or assets of any kind not mentioned in any inventory, that shall have been so made, shall come to your possession or knowledge, to make or cause to be made, in like manner, a true and perfect inventory thereof, and return the same within two months after discovery thereof.
And we do by these Presents, depute, constitute and appoint you, the said Edward B. Russel administrator of all and singular the goods, chattels and credits which were of the said Edward Smith deceased.
IN TESTIMONY WHEREOF, we have caused the seal of office, of our said Surrogate to be hereunto affixed: Witness, Lewis Kingsley, Surrogate of our said County of Cortland, at Cortlandville in said county the 17th day of March in the year of our Lord one thousand eight hundred and fifty three
[signed] Lewis Kingsley Surrogate

CORTLAND COUNTY,
SURROGATE'S OFFICE, } ss.
Recorded the preceding letter of administration to Edward B. Russel in Book B Page 120 of Letters testamentary and of administration, this 17th day of March in the year of our Lord, 1853
[signed] Lewis Kingsley SURROGATE.
Page 44

March 5th 1851.
Addl. Evi: in case of Demeous Smith 
Cass Tripleitt
Hon H S Conger 
H Reps
Page 45

Washington 
Feby 27, 1851 
Sir
I hand you herewith additional evidence in the case of Demeous Smith 
Please report the result of examination to Harvey Heath Esq Locke N.Y. my constituent who has control of the case 
Yours &c
[signed] H. S Conger

Jas. E. Heath Esq
Comr Pensions
Page 46

Jan 21 / 1852 
Rel: to case of Demeous Smith 
wid: of Edward 
T. Lumpkin 
Present 

Triplett 

Wm Cole
Page 47

Washington D.C. 
Jany 20th 1852 
Sir.
Will you do me the favor to cause a re-examination to be made of the case of Demerous Smith, of New York Act 1836, the widow of Edward Smith. This case I have most carefully examined and have no hesitation in saying that a better or clearer one never was presented to the Office. The only objection to its allowance has been identity. There is a host of evidence on this point, added to that which was examd. before the Dept. upon appeal, is several affidavits, the latest one made in Jany 1851. I must beg of you Sir, to cause a re-examination to be made of all the papers in this case and decided upon its real merits, and if not then allowed upon your personal inspection, I must in justice to the old lady ask that all of the facts shall be reported to the Hon. Secy of the Dept of the Interior.
I have the honor to
be Sir very respy
[signed] Th. Lumpkin

Hon. J.E. Heath
Commr. of Pensions
Page 48

[left side]
No 38.429.
Act 7. June 1832. 
Edward Smith, dec
NY
Act 7 June 1832 
Admd 10 mos for $33.33 per annum, comg [commencing] 4 March 1831 & Ending 25 May 1841. payable to Parmea Russell, 
Beda White, 
Jerusha Elsworth, 
Silas Smith & 
Stephen W Smith, only surviving children 
also act 4 July 1836, 
NY
Demeous Smith decd widow of Edward $33.33 per annum comg 25 May 1841 & endg 25 May 1848, payable as above 
Albany 
T. Lumpkin 
Present 

[right side]
May 12/52 
79) Washington D.C. 
May 10th 1852. 
Th Lumpkin 

Rel: to his appeal from the decision of Comr Pens. in the case of Mrs D. Smith widow of Ewd. Smith. 

Referred to the Comr of Pensions for a Report.
Dept Intr [Interior]
May 12 /32
Page 49

Washington D.C. 
May 19th 1852 
Sir,
I have the honor to request that the case of Mrs. Demeous Smith, New York widow of Edward Smith, Act 4th July, 1836 may be reported to you upon this my appeal. The grounds of my appeal are that the evidence of service, & marriage are fully established. The identity being the main question, I deem that also sufficient to allow the claim. This case was recently acted upon at the Pension Office with the benefit of additional evidence filed by the parties interested. I am clearly of the opinion that the case should be allowed upon its real merits and think you will concur with me in such an opinion. 
I have the honor to be very respy 
your Obt sert
[signed] Th. Lumpkin

Hon A. H. H. Stuart 
Secy. of the Dept. of the Interior
Page 50

State of New York 
County of Cayuga } ss. On this 23d day of July 1851 personally appeared before me a Justice of the Peace within & for the said County Judah Baker of the County of Tompkins aged Eighty six years who being duly sworn according to law deposes and say that he resided in Frederick Town (afterwards called Franklin) Dutchess County in the State of New York in time of the Revolutionary war that he was personally acquainted with Edward Smith who resided in the said town of Franklin (then Dutchess but now Putnam Co NY) that he always understood & believed that the said Edward Smith was a soldier in the war of the Revolution but the names of the officers under whom he served he cannot tell 
[signed] Judah Baker X his mark
subscribed & sworn to the day & year first above written & I certify that the said Judah Baker is a credible person 
[signed] Harvey Heath Justice Peace
Page 51

I hereby certify that Harvey Heath is a Justice of the Peace in & for the County of Cayuga State of New York that he has been such Justice for several years last past that I am acquainted with his hand writing & verily believe his signature to the foregoing Jurat & Certificate is genuine Dated this 26 day of Feb 1851
[signed] H S Conger

Judah Baker
Page 52

Abigail Spencers affidavit
Page 53

State of New York 
County of Cayuga } ss. On this 27th day of January 1851, personally appeared before me a Justice of the Peace in & for said County Abigail Spencer of said County being duly sworn according to law deposes & says that she was seventy eight years old in February last that is seventy nine in February next that she was personally acquainted with Edward Smith and his wife Demeous in the town of Franklin Dutchess County in the State aforesaid from the time she was a little child till the said parties removed from the said County of Dutchess to the County of Cortland in the State aforesaid that she lived near them in said Dutchess Co. and was intimately acquainted with them & the said Edward Smith had the Reputation of having been a soldier in the war of the Revolution, that she has understood & believes that the said Demeous Smith made application for a pension as the widow of the said Edward Smith 
[signed] Abigail Spencer
Subscribed & sworn to the day & year above written before me and I certify that the above named Abigail Spencer is a credible person 
[signed] Harvey Heath Justice Peace
Page 54

State of New-York..
Cortland County, } SS. Be it known that on this 30th day of June 1855 before the subscriber a Justice of the Peace in and for the county, and state aforesaid, personally appeared Edward R Russell of Virgile county of Cortland and state of New York and made oath in due form of law that he is the administrator of the Estate of of Edward and Dimeous Smith deceased That the deceased were entitled to a larger amount of pension than was allowed 
That he has lately been informed, that said addition of pension ought to be allowed, that he is directly interested in said claim as administrator That he makes this affidavit, to be filed with such additional evidence or arguments as my said agent or attorney may use in prosecuting said claim. 
[signed] E B Russell
Sworn and subscribed the day and year aforesaid before me,
[signed] A McVean Justice Peace 
I Alexr. McVean Justice of the Peace, in and for said county, do hereby certify, that E B Russell who executed the foregoing papers, is a reputable resident of the county of Cortland and is I believe directly interested in said claim as therein set forth. 
[signed] A McVean Justice Peace
Page 55

Know all men by these presents, That, I Edward B Russell of Virgil Cortland County New York do hereby constitute and appoint George C Ames of Washington DC my true and lawful attorney for me and in my name to prosecute the claim of Edward and Dimeous Smith deceased and I hereby authorize my said agent and attorney to examine all the papers and documents in relation to said claim on file in the Departments at Washington City, or else where additional evidence or arguments, and to receive the certificate that may be issued for said claim, to appoint one or more substitute for the purpose herein expressed, to do all things that I might or could do were I personally present; hereby ratifying and confirming all that my said agent and attorney shall lawfully do in the premises. 
And I do hereby revoke all other agents and attorneys heretofore appointed by me. 
[signed] E B Russell
Witness my hand and seal this 30th day of June 1855
Signed and delivered in presence of 
[signed] A. McVean 
W B S Bryant

State of New-York, 
Cortland County. } ss.
BE IT KNOWN that on the [illegible] day of June 1855 before the subscriber a Justice of the Peace in and for said county, duly authorized by law to administer oaths, personally appeared Edward B Russell above named, and acknowledged the foregoing Power of Attorney to be his act and deed. 
IN TESTIMONY WHEREOF, I have hereunto set my hand the day and year last above mentioned.
[signed] A. McVean Justice