Revolutionary War Pension and Bounty Land Warrant Application File R. 303, Moses Avery, N.H.
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NH Avery,     Moses    R.303
                      Betsy       B. L. Et. 29902-160-55
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DECLARATION 
In order to obtain the benefit of the Act of Congress of the 7th of July, 1838, entitled “An act granting half pay and pensions to certain widows.”
State of New Hampshire,
County of Grafton
On this thirtieth day of Oct A.D. 1838 personally appeared before the Judge of Probate for the said county Betsey Avery a resident of Ellsworth in the County of Grafton and the State of New Hampshire, aged seventy seven years, who being first duly sworn According to law, doth on her oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed July 7th, 1838, entitled “An act granting half pay and pensions to certain widows,” that she is the widow of Moses Avery late of S Ellsworth who was a Private in the army of the revolution, and served as such in Captain Carr’s Company & in Colonel Reed’s Regiment in New Hampshire Militia or in the N.H. Line. He enlisted in said Company & Regiment at Barnstead Strafford County New Hampshire as she has often heard him state and as she believes in the spring of 1780 and as she believes this first of May 1780 for six months to march to New York. He immediately as she understood, marched to Exeter N.H. where he was mustered and from thence to West Point New York, where he was stationed untill he fully served out the period of his enlistment & was discharged and returned to Barnstead aforesaid in the fall of the same year she thinks the first of November 1780 she recollects it was a few days before Thanksgiving day that year. I have heard him state that Gen Washington commanded a part of the time he was at West Point - he saw him often - and that he was there when Andros was hung & was at the time on guard and was not in any battles. For further proof of his services she refers to the muster rolls which she supposes are at Washington War Department and to the affidavits of Israel Avery & Gideon Hill hereunto annexed - He served with his brother Samuel Avery decd and she does not know of any one living who served with him. She has no documentary evidence
She further declares that she married said Moses Avery on the twenty third day of August in the year seventeen hundred and Eighty seven and that her husband, the aforesaid Moses Avery died on the fifth day November Eighteen hundred & twenty five that she was not married to him prior to his leaving the service-but the marriage took place previous to the first day of January, seventeen hundred and ninety four, viz: at the time above stated and that she has not since been married to any other person but is now his widow.
Witnesses to
her Signature
Edward Webber
Stephen Avery
Gideon Hill          Sworn to and subscribed on the day and year as above written, before 
me Edward Webber Judge of Probate I hereby certify that the above Declarant cannot from bodily infirmity attend the court Edward Webber  Judge of Probate 
I      hereby certify of the    do hereby certify, that the foregoing contains the original proceedings of the said Court, in the matter of the application of     for a pension.
In testimony whereof I have hereunto set my hand and seal of office, this day of
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3226
Betsey Avery N.H.
Widow of Moses
Act of July 1838
303
Best Avery’s application for a Pension
3226


N.H.
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I Israel Avery of Campton in the County of Grafton and State of New Hampshire aged seventy two years depose and say that in the spring of the year 1780 I resided in Barnstead Strafford County N.H. that my brother Moses Avery at the same time lived at said Barnstead both of us and my brother Samuel Avery lived with my father Benjamin Avery. In the spring of 1780 Moses Avery & Samuel Avery (illegible) both enlisted in the Revolutionary War in the Company Commanded by Captain Carr in the Regiment of Col. Reeds to the best of my recollection the first of May 1780 for six months - he immediately marched to Exeter N.H. When he was mustered and from there was marched to West Point New York where he was stationed under Gen. Washington until he served out his full term of six months as he often told me and as I do fully believe. He returned to said Barnstead in the fall of the same year I believe the first of November. It was cold weather, I then lived with my father. My brother Samuel did not return but returned soon after. My brother Samuel has been dead several years. I went with the first day with a Horse to carry their baggage. I have no doubt of his serving his full term as above stated. I know of his enlistment of his starting went with him as stated above and knew when he returned. I have often heard him tell of his hardships & suffering in the army, both of my said brothers were older than I, Moses about for years older.
I further say I am well acquainted with his widow Betsey Avery now of Ellsworth in said county of Grafton. She is still his widow and has never married since the death of my said brother Moses who died at said Ellsworth thirteen years ago.
Campton Oct. 30, 1838   Israel Avery
Grafton  State of New Hampshire
                October 30th A.D. 1838
Sworn to & Subscribed on the day & year last above named. And I hereby certify that I am well acquainted with the above named affiant and that he is a credable witness
Before Mr Edward Webber Justice of the Peace
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I Gideon Hill of Ellsworth in this county of Grafton and the State of New Hampshire aged seventy one years depose & say that in the spring of 1780 I lived in Gilmanton Strafford County N.H. on the line from between said Gilmanton & Barnstead.Moses Avery of Barnstead said County of Strafford Enlisted into the service of the United States as a Private in the War of the Revolution to the best of my recollection the first of May or last of April 1780 at said Barnstead in Captain Carr’s Company, Col. Reeds Regiment & started soon after and I understood marched first to Exeter, N.H. where he was mustered & from there to West Point New York where he was stationed under Gen. Washington untill he serviced out the full period of his enlistment which was for six month.  He returned to said Barnstead late in the fall of the same year I think it was the first of November it was a few days before Thanksgiving day. I have often heard him state that he had often seen Gen. Washington that he was there when Andros was hung and was on guard & and that he served six months as the term above named and I have no doubt whatever but he served as is above stated. I was well acquainted with him before he went into the army & even after his return to the period of his death which took place at said Ellsworth about thirteen years ago. His widow Betsey Avery, now lives in Ellsworth aforesaid she is still his widow & has not married since the death of her late  husband the said Moses Avery
Campton Oct. 30..1838          Gideon Hill
Grafton ss State of New Hampshire
                 October the 30th A.D. 1838
Sworn to & subscribed on the day & year last above written, and I hereby certify that the above named affiant is a credible witness & that I am acquainted with him 
Before Me Edward Webber Justice of the Peace
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I Stephen Avery of Ellsworth in the county of Grafton & State of New Hampshire aged fifty years depose & say that I was well acquainted with Moses Avery late of said Ellsworth deceased - the said Moses Avery died at said Ellsworth on the fifth day of November Eighteen hundred & twenty five. I was present at his home when he died and attended his funeral - Betsey Avery now of Ellsworth aforesaid is his Widow. I am well acquainted with her & know that she has never intermarried since the death of her late the said Moses Avery but is now his Widow.
State of New Hampshire 
Grafton ss October 30th A.D. 1838
Sworn to and subscribed on this day & year last above writen
Before Mr Edward Webber Justice of the Peace
I hereby certify that I am well acquainted with the above named affiant and that he is a credable Witness
Edward Webber Justice of the Peace
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State of New Hampshire 
Grafton Ss - I Moses Dow Register of Probate for said County do certify that Edward Webber is Judges of Probate within aforesaid County, duly commissioned & sworn & has full faith & credit may & ought to be given & his Acts as such that his signature to the within certificate is genuine and I do further certify that the said Edward Webber is as Justice of the Peace within aforesaid County duly commissioned and sworn and that full faith and credit may  & ought to be given to his act as such - and that his signature to the written certificate is genuine 
In testimony whereof I have hereunto set my hand and seal of office this seventh day of November A.D. 1838
Moses Dow
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State of New Hampshire
Secretary of the States Office
I hereby certify that the within named James G. Dame is a Justice of the Peace in and for the County of Strafford is duly qualified and his signature as such is genuine.
In testimony whereof I have this third day of November Anno Domini 1838 caused the seal of the State to be hereunto affixed. 

Mr. Whipped Depy Secy
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John Jenkins Affidavit
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I John Jenkins of Barnstead, Strafford County, New Hampshire, age Sixty five, testify, That I was well acquainted with Moses Avery, late of Ellsworth in said State deceased from the year 1795 that the said Moses Avery then resided in Barnstead and still resided there untill the year 1801 at which time he the said Moses Avery removed to Ellsworth in said State. That I have frequently heard the said Moses Avery say that he was a Revolutionary Soldier that he was at West Point in New York at the time that General Arnold contracted to give up the fortifications on the point to the English, and that he the said Moses Avery also informed me that he was a Soldier at said place at the time that Major Andre was taken and that he the said Moses Avery said that he did not see Major Andre  Executed for he was on Guard on the day the Major was hanged. I further say that he the said Moses Avery said that he was in company in the United State service at the time above stated with his Brother Samuel Avery who served with him at the same time and I have frequently heard the said Samuel Avery state that he served with the said Moses Avery on West Point as stated above. I further say that the said Moses Avery resided in the same Neighborhood with me from said year 1795 to 1801 when the said Moses Avery removed to Ellsworth as above stated 
Barnstead October 12th 1838 John Jenkins Strafford Ss, Then appeared John Jenkins above named and made solemn Affirmation that the above affidavit by him subscribed is true before me  James C. Dame Justice of the Peace
I hereby (illegible) named John Jenkins Reputation for (illegible) James C. Dame Justice. Peace
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Eben Nutter 
depose
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I Ebenezer Nutter of Barnstead Strafford County New Hampshire aged Eighty two years, Testify, That I am well acquainted with Betsey Avery now of Ellsworth Grafton County State aforesaid and have been acquainted with her from early youth, that her maiden name Betsey Colbath daughter of Pitman Colbath late of Newington in said State, That the said Betsey Colbath was married to Moses Avery (then of Barnstead and late of Ellsworth, who as I have understood from him and others was a Revolutionary Soldier) according to the best of my recollection about fifty years ago That they were married at her Father’s dwelling house in said Newington by the Reverend Joseph Buckminster Pastor of North Church Portsmouth, That they were married in my presence I saw them join’d in marriage. That the said Moses Avery has been dead several years past, and the said Betsey Avery is now living in said Ellsworth and has not married since the death of the said Moses Avery but is now the widow of him said Moses Avery
Ebenezer X (his mark) Nutter
Strafford Ss Barnstead October 12.1838 Personally appeared the above named Ebenezer Nutter and made solemn Oath that that the above Affidavit by him subscribed is true.    James C. Dame Justice of the Peace
I hereby certify that the above named Ebenezer Nutter has a fair Character and is a person of irreproachable morals
 James C. Dame Justice. Peace
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John Colbath
Deposition
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I John Colbath of Barnstead Strafford County New Hampshire, aged Seventy two years, testify, That I am well acquainted with Betsey Avery and have been from early youth, She being a Sister of mine that her maiden name was Betsey Colbath, That she the said Betsey Colbath was married to Moses Avery who I understood was a Revolutionary Soldier, to the best of my recollection on the twenty third day of August 1787. That they were married at her Father’s house in Newington That I was present at the time and saw them married, that they were married by the Reverend Joseph Buckminster pastor of the North Church Portsmouth. That the said Moses Avery has been dead I should think not far from twelve years and that the said Betsey Avery is now living in Ellsworth and has not married since the death of said Moses Avery but is now the widow of the said Moses Avery.
John Colbath
Strafford Ss Barnstead October 11th 1838 Personally appeared the above named John Colbath and made solemn Oath that the above Affidavit him subscribed is true Before me 
James C. Dame Justice of the Peace
I hereby certify that the Reputation of the above named John Colbath for truth and veracity is good and that he sustains a fair moral Character
James C. Dame Jus. Peace
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Lettuce Colbath
Affidavit
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I Lettice Colbath of Barnstead Strafford County New Hampshire wife of John Colbath aged Seventy two years Testify, that I am well acquainted with Betsey Avery of Ellsworth Grafton County New Hampshire and have been from Childhood that her maiden name was Betsey Colbath daughter of Pitman Colbath of Newington That the said Betsey Colbath married to Moses Avery who I understood was Revolutionary Soldier to the best of my recollection on the twenty third day of August in the year 1787 That they were married at her father’s the said Pitman Colbath’s dwelling house in Newington by the Reverend Buckminster Pastor of the North Church Portsmouth, that I was present at the time and saw them joined in wedlock. That the said Moses Avery has been dead several years past, and the said Betsey Avery is now living in said Ellsworth and has not married since the death of said Moses Avery but is now the widow of said Moses Avery.      
Strafford Ss               Lettice Colbath
Barnstead October 11th 1838 Then personally appeared the above named Lettice Colbath a made solemn both the above Affidavit by her subscribed is true. 
Before me James C. Dame Justice of the Peace
I hereby certify that the above named Lettice is a person of good morals, that her Reputation for truth and veracity is good. 
James C. Dame Jus. Peace
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Oct. 3 March
219.194 October. 20/55
(crossed out)
Betsey Avery wid: of Moses Avery
Capt. Carr
Col. Reed    29902 iss June (illegible)
Revolutionary War
NH Ins July 38
“illegible” 160 acres June 18” 1856
“illegible”
Samuel Herbert
Rumney N.H.
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Form of Declaration 
To be made by the widow of a deceased person who has not had a Land Warrant
State of Vermont
County of Washington SS
On this thirteenth day of September A.D. one thousand eight hundred and fifty-five personally appeared before me, a Justice of the peace, within and for the County and State aforesaid, Betsey Avery aged 93 years, a resident of East Monpelier in the State of Vermont who, being duly sworn according to law, declares that she is the widow of Moses Avery deceased, who was a Private in the company commanded by Captain Carr in the regiment (crossed out) commanded by Colonel Reed in the war (crossed out) of the Revolution that her said husband enlisted at Barnstead N.H. (crossed out) in the spring of the (crossed out) year A.D. 1780 for the term of six months and continued in actual service in said war for the term of five Months & fifteen days and was honorably discharged at West Point in the fall of the (crossed out) year
She further states that she was married to the said Moses Avery at Newington in New Hampshire on the 23rd day of August A.D. 1787 by one (crossed out) Buckminster, Pastor of the North Church in Portsmouth, N.H. and that her name before her said marriage was Betsey Colbath that her said husband died at Ellsworth N.H. on the fifth day of  November A.D. 1826 and that she is now a widow.
She makes this declaration for the purpose of obtaining the bounty land to which she I may be entitled under the”act approved March 8, 1855.”
Betsey X her mark Avery
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We, Israel Willey and Polly Willey residents of East Monpelier in the State of Vermont upon our oaths, declare that the foregoing declaration was signed and acknowledged by Betsey Avery in our presence, and that believe, from the appearance and statements of the applicant, that she is the identical person she represents herself to be.         Israel Willey
                                Polly Willey
The foregoing declaration and affidavit were sworn to and subscribed before me on the day and and year above written; and I certify that I know the affiants to be credible persons; that the claimant is the person she represents herself to be, and that I have no interest in this claim.
Royal Wheeler Justice of the Peace
STATE OF VERMONT  Washington County, SS Luther Newcomb Dept Clerk of the County Clerk for the County of Washington in the State of Vermont, which is a Court of Record, herby certify that Royal Wheeler, Esqu, is on this 13th day of September AD 1855 an acting Justice of the Peace within and for said county, duly commissioned and qualified by the laws of this State to administer Oaths for general purposes, to take Depositions and the acknowledgement of Deeds and other written instruments; that I am acquainted with his hand=writing, and believe his signature to be foregoing Certificate to be genuine.
In Testimony Whereof, I hereunto set my hand and affix the seal of said County Court, at Montpelier, in said County, this 13th day of September A.D. 1855
Luther Newcomb Deputy Clerk.
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Ex’r. INVALID 
No. 3 Oct
(crossed out)
REJECTED 
Betsey Avery
0.
rvice:
listed:  , 18
scharged:  , 18
plication filed:  , 18
lleges:
e-enlisted:
ttorney:
0.
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Rumney N H          Free
April 18/56
Hon Josiah Minot
Pension Agent
Washington, City, DL
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29.902
(illegible)
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219.194
(illegible)
Hon Josiah Minot
Pension Agent
Washington, D.C.
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Widow of Moses Avery
Act 1832
38 Ry
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State of New Hampshire 
County of Grafton
Be it Known, that on this twenty sixth day of April A.D. 1853 before me, the undersigned ,  Justice of the Peace in and for the County and State aforesaid, personally appeared Betsey Avery Widow of Moses Avery Revolutionary Soldier resident of Ellsworth in said County, and made oath according to law that She is the widow of the identical man who was a Soldier in the year of the Revolution, and heretofore made application for the benefit of the Pension Act of that she is directly interested as a claimant in said pension and makes this affidavit to be filled with such additional evidence or arguments as my Agent may use in prosecuting said claim.
Countermanding and revoking all Powers of  Attorney, and authority heretofore given, I hereby constitute and appoint Samuel M. Knight, of Washington City, my true and lawful Attorney, to prosecute the claim of Moses Avery for any amount of Revolutionary Pension, or increase of Pension that may be due; and I hereby authorize my said Attorney to examine all papers or documents in relation to said claim on file in the Department at Washington City, or elsewhere, to file additional evidence or arguments as, and to receive for my exclusive benefit, the certificate which may be issued for said claim, which certificate I wish payable at the Washington City, D.C. Agency; to appoint one or more substitutes under him for the purposes herein expresses, and to do all things that I might or could do were I personally present.
Hereby ratifying and confirming all that my said Attorney and Agent shall lawfully do in the premises.
                       Betsey X her mark Avery
Witness David R Buzzell           
               Ann Bartlett
Sworn to, Subscribed and Acknowledged before me the day and year above written, and I hereby certify that I believe the said Betsey Avery to be directly interested in said claim as set forth, and to be the identical party therein alleged.    
                   David R. Buzzell Justice of the Peace
State of New Hampshire
County of Grafton SS
It is hereby certified, that satisfactory evidence has been exhibited before me, Clerk of the Court of Common Pleas for said County that Betsey Avery the party who was sworn to, and acknowledged the foregoing Declaration and Power of Attorney is the widow of the reputed soldier aforesaid. I further certify, that Dadvid R. Buzzell Esq. before whom like the preceding affidavit and power of Attorney is were made and acknowledged, was, at the time of so doing, a Justice of the Peace, in and for said County that Betsey, and that the signature purporting to be his, I believe to be genuine.
  In Testimony Whereof, I have hereunto set my hand and affixed my seal of Office, this Eleventh day of May 1853,
    J.D. Keeper Clerk

 1. Claimant’s name or names in full.-2. post Office address. 3.”That he is the identical man,” or, “that she is the widow of the identical man,” or, “that he or she is the legal heir of the identical man,”&c., &c.
4. Leave this line blank.-5. “He is,” “she is,” or “they are.”-6. Revolutionary soldier’s full name.-7. Claimant’s signature.-8. Claimant’s name.-9. Magistrate’s signature. 10.”Identical,” “widow of,” or, “child of.”-11. Magistrate’s name.-12. Clerk signature.
N.B.-Should two or more heirs join in the foregoing, the plural should be substituted for the singular number.
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219.914
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Rumney Oct 15th 1855.
Hon J. Minot
Dear Sir- Enclosed
is an affidavit for a Land Warrant. please inform me if all is not right -
 Hon Samuel Herbert
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Saml Herbert
Rumney N.H.



Widow Avery filed in Oct last
219 196
(crossed out)
10-11
Boyton  Apl 15/50
29902
160/55
(illegible)
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Rumney NH April 18th 1856
Hon Josiah Minot
Dear Sir, Some time ago I sent the papers to obtain land for (crossed out) a widow Avery. ( I have forgotten her given name) She lives in Montpelier Vt; She formerly lived in Ellsworth N.H. - I think the  papers were sent last Oct-  Please write me & oblige
Hon Saml Herbert