Revolutionary War Pension and Bounty Land Warrant Application File R. 11510, for John Smith, Connecticut
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Conn.
Smith, John
Wilbur, Nancy Ann
Former Widow
R 11510
res. at enl [residence at enlistment] New Fairfield, Conn
d. 1813 in New Lisbon N.Y.
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May 4, 1906
[illegible]
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Smith, John
His name appears on a list of applicants for invalid pension returned by the District Court for the District of Connecticut, submitted to the House of Representatives by the Secretary of War on April 25. 1794, and printed in the American State Papers, class 9, page 88.
Rank: Lieutenant
Connecticut militia
Disability:  Wounded in the back by a musket ball, which renders him incapable of getting a living by labor.
When, and where disabled:  28th April, 1777.
Camps
Residence:  Milford
To what pension entitled:  Seven-eighths.
Remarks:  There are no militia rolls in this office.
Evidence transmitted by the District Court, complete, except the time of leaving the service.
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State of New York 
Chautauqua County} ss On the 6th day of April 1854, personally appeared Esther Amidon of the town of Clymer in said county before the county court held in and for the said County and state of New York, now sitting at the said town of Clymer and says that she is the only child of Lieutenant John smith, except one sister of the said Ester who resides in the Dekalb County in the State of Indiana. 
And the said Esther Amidon, being duly sworn, according to law doth on her oath make the following declaration in order to able in the benefit of the provision made by Act of Congress approved 7th June 1836 and 4th of July 1836 and all such other acts as have been from time to time have been passed.  
That this declarent and I her said sister, Joanna West who resides in the said County of DeKalb are the children and only children of the late Lieutenant John Smith who entered the service of the United States at New Fairfield Connecticut in 1776 in the spring of 1776 under Captain Lyman and Colonel Lincoln as a private and continued in service as deponent believes, until about the fifteenth day of November 1781 when he was honorably discharged at New York & that as deponent is informed her father was first
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marched from the place of enlistment to the service, but at what place she cannot state.  That he was in the service under the United States once and continued, as she has always been informed over five years.   
That during said service, he served under the following officers, viz. Gen Gates in New Jersey & Maryland,  Genl. Green, a portion of the time.   
She further states that her father the aforesaid John Smith, departed this life on the third day of August one thousand eight hundred and thirteen leaving a widow who is now living, one Nancy Ann Wilber having since intermarried with Thomas Wilber.   
I hereby relinquish all claims to a pension or pension money on account of my father service, except the present & I believe my fathers name was never on the pension list of any state. I make this declaration for the purpose of procuring the amount due the late Lieutenant John Smith. Papers are now on file in the pension office at Washington to which I by leave to refer for the purpose of obtaining the Amount due to myself and my said sister.  
Esther Amidon
Subscribed & sworn before me this 6th day of April 1854. 
Abner Lewis Judge of said County & of said Court
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The People of the State of New-York, by the Grace of God Free and Independent: To all to whom these presents shall come, or may concern, send Greeting: 
KNOW ye that at Cooperstown in the County of Otsego, on the Twenty fifth day of June in the year of our Lord one thousand eight hundred and fourteen before Bille Williams Jun. Esquire, Surrogate of our said County, the last Will and Testament of John Smith deceased, ( a copy whereof is hereunto annexed) was proved, and is now approved and allowed of by us; and the said deceased having whilst he lived, and at the time of his death, Goods, Chattels or Credits, within this State, by means whereof the proving and registering the said Will, and the granting administration of all and singular the said Goods, Chattels and Credits, and also the auditing, allowing and final discharging the account thereof, doth belong unto us; the administration of all and singular the Goods, Chattels and Credits of the said deceased, and any way concerning his Will, is granted unto Nancy Ann Smith Executrix in the said Will named, they being first duly sworn well and faithfully to administer the same, and to make and exhibit a true and perfect inventory of all and singular the said Goods, Chattels and Credits, and also to render a just and true account thereof when thereunto required. In testimony whereof, we have caused the seal of office of our said Surrogate to be hereunto affixed. Witness Bille Williams Junr. Esquire, Surrogate of the said County, at Cooperstown aforesaid, the Twenty fifth day of June in the year of our Lord one thousand eight hundred and fourteen and of our Independence the 
B. Williams Junr
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7623 
Affidavit of Nancy Ann Wilbur, late widow of 
Lieutenant John Smith 
relinquishment in behalf of heirs. 
Rejected is not a widow
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State of New York 
County of Cayuga} ss  On this twelfth day of February, in the year of our Lord one thousand eight hundred and fifty, personally appeared before me John P. Hulbert, County Judge of Cayuga County, Nancy Ann Wilbur, a resident of the town of Genoa in the County of Cayuga and State of New York, aged eighty seven years and upwards, who being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the following Pension Laws, to wit, the Resolve of October twenty first seventeen hundred and eighty and the act of Congress of July fourth eighteen hundred and thirty in That she is the wife of Thomas Wilbur and that she was the wife of John Smith, who was a Lieutenant in a regiment of militia in Colonel Humphreys regiment under command of General Lincoln; at the said Lieutenant John Smith resided in the town of New Fairfield in the State of Connecticut when he entered the army of the United States that he entered said army sometime in the year seventeen hundred and seventy six, and continued in the same till late in the fall of the year seventeen hundred and eighty one, when he resigned his commission in consequence of sickness brought on by wounds received by him while in said service.  That the particular day and month of the years in which the said Lieutenant John Smith entered the said service and left the same this deponent cannot now remember by reason of old age and consequent loss of memory. That she had the commission of the said Lieutenant John Smith in her possession after the death of her husband the said Lieutenant John Smith and that her house was burned and said commission burned in it in the city of Buffalo and State of New York, which burning of said house occurred several years after the death of the said John Smith.   She further states that she was married to the said Lieutenant John Smith on the twentieth day of November in the year seventeen hundred and seventy seven in the town of New Milford in the State of Connecticut and that the said Lieutenant John Smith died on the third day of August, in the year eighteen hundred and thirteen in the town of New Lisbon and State of New York in consequence of sickness arising from a wound received by him while in the service of the United States as aforesaid in his right leg, which wound had
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become an ulcerated sore, and his family and their physician always supposed that the said wound was made by a poisoned ball.  She further states that after the death of her husband the aforesaid Lieutenant John Smith, she married Thomas Wilbur, which last said marriage took place in the city of Buffalo in the State of New York on the twenty seventh day of December eighteen hundred and twenty seven; that she is now the wife of the said Thomas Wilbur and makes this declaration in favor of her two daughters, namely, Esther Amidon a resident of the town of Clymer in the County of Chatauqua and State of New York, and Joanna West a resident of the town of McCabe in the County of Marion and State of Indiana, that her two daughters above named are the only living children or heirs at law of the aforesaid Lieutenant John Smith. She further states that she perfectly recollects of the service of the aforesaid Lieutenant John Smith, and that she helped to make the uniform which he wore while in the service, and kept the same after his death, until it was burned in her house at the same time the commission was burned in the City of Buffalo and State of New York, which event occurred sometime during the fall of eighteen hundred and thirty one: she further states that no former application has ever been made for a pension or annuity for the services of the aforesaid Lieutenant John Smith, that she hereby relinquishes every claim whatever to a pension or annuity from the Government of the United States as the legally appointed executrix of the estate of the aforesaid John Smith, and declares that the name of the aforesaid Lieutenant John Smith is not on the Pension Roll of the agency of any State.  
Nancy Ann Wilbur x her mark
Sworn and subscribed before me the day and year first above written, 
John P Hulbert County Judge of Cayuga County 
I John P. Hulbert, County Judge of Cayuga County, do hereby certify that Letters of Administration have
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been produced before me proving that, Nancy Ann Wilber, the party who has made the foregoing affidavit, is sole executrix of the estate of John Smith, deceased, and further that she is unable to appear in open Court by reason of bodily infirmity caused by extreme old age.  
John P Hulbert County Judge of Cayuga County 
I, Ebenezer B. Cobb, County Clerk of Cayuga County, do hereby certify that John P. Hulbert Esq before whom the foregoing affidavit was made, was at the time of taking the same County Judge of Cayuga County duly elected and authorized to take the same and that I am well acquainted with his hand writing and verily believe the foregoing to be his genuine signatures. 
In testimony whereof I have hereunto set my hand and seal this twelfth day of March A. D. 1850. 
E. B. Cobb Clerk Cayuga County
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11511
Nancy Ann Wilbur
former widow
John Smith
Consolidated with  O. W. Wid. Rej. 11510
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Rejected

11.516
Nancy Wilbur
former widow
John Smith

Enlisted: 

The printed list of 1852
gives cause of rejection as 
"She was not a widow
July 4, 1836"
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No. 7623
Nancy Ann Wilbur
NY
Letr Edward H Baxter, 30 May 1850
Rejected 11511
Act 4 July 1836
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No 8016
Nancy Wilbur former widow of John Smith
NY
John Smith decd 1813
She is now the wife of Wilber

Rejected.
Abner Lewis Sep 5 1856
11510
July 4 1836
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No. 8086 
Nancy Wilbur  
formerly wid of John Smith, NY 
Husband died 1813. 
She is now married her husband alive 
Rejected July 4, 1836
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State of New York 
Chautauqua County}ss   Nancy Ann Wilbur of said being duly sworn says that she is eighty four years of age, that she was married to John Smith in New Milford Connecticut in the month of November one thousand seven hundred and eighty five when deponent was about thirteen years of age. That she lived with said John Smith from that time until his death, which was the third day of August, one thousand eight hundred and thirteen at New Lisbon, in the county of Otsego, New York. Since which time deponent was married to Thomas Wilbur with who she now lives. Deponent further says that Esther Amidon, who made the declaration hereunto attached, and Joanna West who resides in the county of DeKalb in the state of Indiana are the children of the said John Smith and the only children of said Smith now living. Deponent further says that the said John Smith entered into the service of the United States at New Fairfield Connecticut in the spring of 1776 and continued in said service until the fall of 1781 when he was honorably discharged at the City of New York. That during the said service of the said John Smith he was under Generals Gates & Green, at different periods. 
Deponent further says that the said John Smith was in the Battle of Ticonderoga and several
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other battles, the places and which they were fought, deponent does not now remember, except at White Plains.
Deponent further says that the said John Smith was wounded in the service foresaid, some time in the fall of 1781 by a musket ball which lodged in the ankle of his left leg and entered partially into the bone. His physician said the ball was poisoned, the wound continued to run and affect him until his death and which the deponent believes, was the cause of his death.  That from age and infirmity she cannot write er name.
Nancy Wilbur x her mark
Witness Abner Lewis.
Subscribed and sworn before me this 6th day of April 1854.

State of New York
Chautaugau County
Ira F. Gleason, being duly sworn says that he has been acquainted with the abovenamed Nancy Ann Wilber, for the space of two years and [illegible] that her character for truth is good and that her statement is entitled to full faith and credit.
I F Gleason

State of New York
Chautaugua County
Nathan Greely, being duly sworn say that he has been acquainted with the abovenamed Nancy Ann Wilber for more than two years, that her character for truth is good and that her statement is entitled to full faith and credit.
N B Greeley
Sworn before me this 6th day of April 1854.
Abner Lewis, Co. [illegible]
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State of New York
Chautauqua County}  ss Ira F. Gleason of the town of in said County being duly sworn says that he has been well acquainted with Esther Amidon whose name is subscribed to the foregoing affidavit for eighteen years last past, that is a person of good character for truth and that full faith and credit may be given to her statement.   
I F Gleason 
State of New York 
Chautauqua County } ss. Nathan B Greeley of the town of Wayne in the County of Erie County Pennsylvania, being duly sworn says that he has been well acquainted with the Esther Amidon, named & mentioned in the foregoing affidavit of Ira F. Gleason, for the space of twenty years and more that her character for truth is, and always has been good. and that full faith and credit ought to be given to his statement.    N. B. Greeley
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[unreadable] John Smith 
Probate of Will 
Recorded 
20th June 1814 
B. Williams, Junr.
Surrogate
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STATE OF NEW-YORK, ss. 
Otsego COUNTY,}   BE IT REMEMBERED, That on the Twenty fifth day of June in the year of our Lord one thousand eight hundred and fourteen personally appeared before me, Bille Williams Junr Esquire, Surrogate of the said County of Otsego Chloe Ruggles one of the subscribing [witnesses]   being [unreadable] declared that [unreadable]
seal and execute the written Instrument (of which the annexed is a copy,) purporting to be the last Will and Testament of the said John Smith bearing date the second day of February in the year of our Lord one thousand eight hundred and thirteen and heard them publish and declare the same as and for, his last Will and Testament; that at the time thereof, he the said John Smith was of sound disposing mind and memory, to the best of the knowledge and belief of the said deponent and therefore together with Nancy L. Lathrop and Chloe Ruggles  the other witnesses to the said Will, severally subscribed their hands and names to the said Will as witnesses thereto, in presence of the Testator and of B. Williams Junr  
Otsego COUNTY, SS. And be it also remembered, That on the twenty fifth day of June in the year of our Lord one thousand eight hundred and [unreadable]  Nancy Ann Smith Executrix named in the last Will and Testament of the said John Smith late of the town of New Lisbon in said county, deceased, likewise appeared before me the said Surrogate, and was duly Sworn to the true execution and performance of the said Will, by taking the lineal oath of an Executor, as by law appointed 
Bille Williams Junr Surrogate
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To All to whom it may Concern Whereas Nancy Ann Smith executrix of John Smith late of the said County of Otsego deceased did on the thirtieth day of June One thousand eight hundred and fourteen present to me Bille Williams Junr Surrogate of said County her Petition setting forth that the said John Smith was user and possessor of a real estate within the said County at the time his death, that the had made a true account of the personal estate and debts of the said deceased as far as she had been able to discover the same and the thereby it appeared there the personal estate of the said deceased was insufficient to pay his debts and requested my aid in the premises.   Whereupon I made an order directing all persons interested in the estate of the said deceased to appear before me the said Surrogate at my office in Cooperstown in the County aforesaid on the eleventh day of August 1844 & shew cause if any they had why so much of  the real estate whereof the said John Smith received as would be sufficient to pay his debts. should not be sold, - And whereas no person or persons did appear before me at my office aforesaid on the said the 11th day
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of August aforesaid to shew cause as aforesaid having heard and examined the proof and attestations of the Executrix of the said deceased and upon such examination having found that the personal the estate of the said John Smith deceased was insufficient to pay his debts have ordered and directed and I do hereby order and direct that the following Lot or parcel of land to wit. All that certain piece or parcel of land situate in the town of New Lisbon and is bounded as follows on the North & West by Land of Joseph Balcom, South by land of Jesse Smith & East by Land of David Thurston & Nancy Lathrop Containing about Seventy acres of Land, subject to the Dower of the widow & the said John Smith deceased during her natural life & be sold.  And the Sale hereby Ordered and Directed shall made and conveyances for the Land to sold be executed by Nancy Ann Smith Executrix as aforesaid. Together with Caleb Hall Guardian, appointed for taking care of the interests of the Infant Heirs of the said John Smith deceased in the proceedings to be had under this order.  Dated at Cooperstown in the County of Otsego this eleventh day of August 1814 
Bille Williams Junr Surrogate
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First I have given to my loving son Faithfull Smith Twelve hundred dollars in money [unreadable] to me property in cattle for his portion out of my esstate and for mantaining his mother during her Natural life and he is to have no more out of my estate and Likewise I am to have nothing out of his estate for my mantainance during my natural life. And the rest of my Estate that is to say all the Land, House and barn and stock and to include all my real and personal Estate of every kind I give and bequeath jointly and severally to my three loving daughters. That is to say Esther Smith and Joanna Smith and Apphia Smith and it is my will also that my wife Nancy Ann Smith shall hold her third out of all my Estate.  
Lastly I hereby create and appoint my Loving wife Nancy Ann Smith to be the sole Executrix of this my last will and testament and Direct and order her the said Nancy Ann Smith to pay or cause to be paid all the foregoing Legacies of every description and apply them
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In the name of God Amen. I John Smith of the Town of New Lisbon County of Otsego and State of New York Considering thee all men are Mortal but of sound mind and memory, thanks be given unto God Therefore Calling to mind the Mortality of my body and knowing it to be appointed unto all men once to die do make ordain and appoint this my last will and Testament That to say Chiefly and first of all, I give and recommend my soul into the hand of God that gave it and my body I recommend to the earth to be buried in decent Christian burial at the discretion of my executrix, Nothing doubting but that at the General Resurrection I Shaw receive the same again by the mighty power of God.  And as touching such worldly in wherewith it has pleased God to bless me with in this life after my Just deed and funeral Charges are paid I give demise and Dispose of the same in the following manner & form Viz
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under the limitations and restrictions according to the true intent and meaning of this testament.
In witness of all and singular the foregoing Legacies and Testamentary applications I have hereunto set my hand and seal at New Lisbon this twenty second day of February and in the year of our Lord One thousand eight hundred and thirteen.  
Signed Sealed published pronounced and Delivered by the said John Smith his Last will and Testament in the presence of us who in his presence judging him to be of sound mind and memory in the presence of each have hereunto scribed our names.  
John Smith L. S. 
Nancy S. Lathrop 
Chloe Ruggles 
Comfort Ruggles
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Abner Lewis
Panama, Chautauqua August 1854 NY
Transmitting Papers in support of the claim of Esther Amidon as the only child of Lieutenant John Smith for a Pension for the Revolutionary service of her father 
John Smith 
[unreadable] 2
Respectfully referring to the Actg Commr Pensions 
G. C. Whiting
For K. Pritchett Clk
Cole
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Panama, Aug. 1854 
Dear Sir 
Enclosed please find the papers of Esther Amidon, Will the department have the goodness to say if the papers are received.  
Yours Truly 
Abner Lewis
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Abner Lewis
Sept 5 / 54
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Pension Office Sep 5 1854 
Sir
The application of Esther Amidon daughter John Smith and his widow, now Nancy Ann Wilbur of NY. has been examined, filed in the name of Nancy Wilbur under Act of July 4 1836 and rejected.  John Smith died before the passage of any law under which his children could claim pension in his right.  His widow is still living having no claim herself, because she is a married woman, of course, she having No claim, her children can have none in her right.   
Abner Lewis Esq 
Panama NY
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Auburn. May 27th 1850 
Honorable Sir: 
Will you please inform me as to the result of your examination of the proof sustaining the claim of the heirs of Lieutenant John Smith to a pension from the Government of the United States for services performed by the said Lieutenant John Smith in the war of the revolution. Please direct to me at Auburn, N.Y. 
Very Respectfully Yours 
Edward H. Baxter 
The Hon. J.L. Edwards 
Commissioner of Pensions Washington D.C
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917
Pension Office May 30th 1850 
Sir
The papers which you transmitted to this office in the case of Nancy Ann Wilbur who was formerly the widow of John Smith has been received and placed in file with rejected claim under the act of 4 July 1836.  
This act grants pensions to those only who are widows.  Mrs. Wilbur is not a widow, she has no claim to its pensions, and as John Smith died long before to the passage of any law granting pension to [unreadable] and [unreadable] for some wounded in the Revolutionary war she has no claim in her own right or that of her husband which she can transfer to her children.  There is no law in [unreadable] which gives to children a pension in account of said rendered by their father in the Revolutionary War. In cases where three are arrears due to a soldier or his widow at the time of their death such arrears may be paid to the Children but nothing more.  With there
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Being no pension or arrears of pension due to Mrs Wilbur or her husband she has no claim which she can relinquish in favor of her children then application therefore is rejected.   
Edward H Baxter Esq 
31 May 1850 
Edward H Baxter Esq 
Auburn NY
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Estate of John Smith
Order for Sale of Real Estate
Recorded
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Auburn, March 12th 1850 
Honorable Sir:
Enclosed I hand you proof curtaining the claims of Esther Amidon, a resident of the town of Clymer in the County of Chautauqua and State of New York, and Johanna West, a resident of the town of Mc Cabe and County of Marion and State of Indiana, who are the only living children and heirs at law of the late John Smith, who was a Lieutenant in the war of the revolution in the Connecticut line, the enclosed declaration is made by Nancy Ann Wilbur, now the wife of Thomas Wilbur a resident of the town of Geneva in the County of Cayuga and State of New York, and who was the wife of the aforesaid Lieutenant John Smith and mother of the aforementioned children of the said Lieutenant John Smith, and who is now the legal executrix of the estate of the aforesaid Lieutenant John Smith, as will more fully appear by document herewith enclosed.   
Papers in relation to the matter to please direct to me at Auburn, New York 
Very Respectfully yours 
Edward H. Baxter
 lawfully appointed Attorney of the aforesaid executrix and children of John Smith, deceased,
The Honorable J. L. Edwards 
Commissioner of Pensions Washington D.C.