Revolutionary War Pension and Bounty Land Warrant Application File W. 2970, for Henry Smith, [Blank]
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(3-1776)

SERVICE                                                   NUMBER
Continental         Smith, Henry                 W. 2970
                                       Mary
________________________________________________________________________________________________________
CONTENTS

Sol. res. in Smithfield or Stroud Twp. Northampton Co. Pa. which later was in Monroe Co. Pa. He died June 1801.
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11077.
Pennsylvania
____________________________________________________
Mary Smith decd [deceased]
Widow of Henry Smith
who was a pensioner under the Act of _______
and who died in the Month of July 1801.
of Monroe in the State of Pennsylvania
who was a pri in the Company
 commanded by Captain Myers of the Regt. commanded by Gen. Sulli [Sullivan] in the Penn onelld line for 10 months, and 25 days.
____________________________________________________
Inscribed on the Roll of Philadelphia at the rate of 36 Dollars 10 Cents per annum, to commence on the 4th day of March, 1836. & end 14th March 1840, when she died.
____________________________________________________
Certificate of Pension issued the 17 day of August 1846 and sent to Hon. R Brodhead, Easton, Pa
____________________________________________________
Total amount,                      $145.40
                                            ________

[ACT JULY 7, 1838.]
Recorded by D. Henry Wood Clerk,
Book D.   Vol. 1     Page 231.

Payable to Jane Price only heir.
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12910.
Mary Smith decd [deceased]
widow of Henry
Pa
Declaration of
act 7 July 1838
Jane Price

married before 1794
husband died 1801
widow died 14 March 1840

Capt Myres [probably Myers] Roll 
Oct one for 1 year and 
August 25, 1779
10 mos 25 da

Capt Myres [probably Myers] Roll
for July August Sept & Oct '79
Henry Smith 1 mos 25 discl
August 25th 1779.

Hon R Brodhead
HR
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Declaration in order to obtain the benefit of the act of Congress of the 7th July 1838 entitled an act granting half pay and pensions to certain widows

State of Pennsylvania}
Monroe County Js}
On this seventh day of July AD one thousand eight hundred and forty six personally appeared before the Judges of the Court of Common Pleas of Monroe County in open court, Jane Price a resident of Price Township in the County of Monroe aged fifty five 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 pension to certain widows,  That she is the only child and heir at Law of Mary Smith who was a widow of Henry Smith, who was a soldier in the Revolutionary War  That she cannot state the Rank the said Henry Smith held during his services, nor the day month and year when he entered the service not the time when he left the service  That at one time during the Revolutionary War the said Henry Smith was under the command and served under Captain Myers in the German Regiment of Maryland under the Command of Capt or Col Peter Boyer
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That the said Henry Smith was in the battle of Monmouth State of N. J. and was also under General Sulivan in his army during his march through to Wilkesbarre on the Susquehanna River.  She further declares that the said Mary Smith was married to the said Henry Smith in April seventeen hundred and ninety, the precise day she cannot state,  That the said Mary died in the month of June eighteen hundred and one, that the said Mary Smith was not married to said Henry Smith 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 the deponent further states that the said Mary Smith died upon the fourteenth day of March eighteen hundred and forty.  That she has a step Brother Jacob Smith and a sep sister Catharine Smith now living the said Henry Smith being previously married to Catherine Smith who also claim as the heir of said Henry Smith to recover the benefit of the act above refered to as the children of said Henry Smith share & share alike with this deponent.  That these facts are agreed upon by the said Jane Price Jacob Smith and Catherine Smith , and submitted to the Commissioner of Pensions for
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adjudication and settlement
Sworn to and Subscribed in open Court on the day and year above written before the Judges aforesaid, on the day & year above written
[{before me} crossed out.]}            her
                                             Jane    X    Price
J> H. Stroud 8th }                          mark
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Deposition of 
Robert Boys
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State of Pennsylvania}
Monroe County Js}

On this fourth day of August AD 1846 personally before the subscriber a justice of the peace in and for the county of Monroe Robert Boys, who being first duly affixed according to Law deposeth and saith, that he was acquainted with a Mary Smith widow of Henry Smith both of a home are now decd [deceased].  That he is a merchant in the Borough of Stoudsburg [Stroudsburg] Monroe County, that in his day book of original entries he has a charge against Benjamin Price (who is the husband of Jane Price the daughter of sd [said] Mary Smith) of four yards and a half of cambric muslin, a usual pattern for Burial clothes of deceased persons, that the said charge was made upon the fourteenth day of March 1840.  That Benjamin Price lived but a short distance from said, Mary Smith a number of years before and at the time of her death, and took care of her during the time, she lived near him, that this deponent has every reason to believe short of positive knowledge that the said muslin was got for the burial clothes of said Mary Smith upon the 14th March 1840 and further this deponent saith not affirmed  and Subscribed}
before me the day & year first}     Robert Boys
above written}
John Musch J. P.

I John Musch then Justice before whom the above mentioned deponent appeared do certify that Robert Boys is a man of credibility and that his statements are worthy of credit  The testimony whereof I have here unto set my hand & seal this fourth day of August AD 1846
John Musch  J. P.       [Seal]
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State of Pennsylvania}
Monroe County Js}

I James H. Stroud Prothonotary of the court of common pleas of Monroe County do hereby certify that John Musch Esq the Justice of the Peace before whom the foregoing proceedings were had was at the time and [now is a Justice of the Peace in & for said county duly duly commissioned & qualified to act as such and that the annexed signatures purporting to be his are genuine.  In Testimony whereof I have hereunto set my hand and seal of office this sixth day of August AD 1846

J. H. Stroud, Prothonotary
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Stroudsburg Aug 1. 1846
Hon. R. Brodhead.
Dr [Dear] Sir
The application of Jane Price the only child of Mary Smith who was the widow of Henry Smith a revolutionary soldier was forwarded to the pension office some time since to obtain a pension due said Mary Smith.  There was a Statement of facts agreed upon and embraced in that application to the following effect that said Henry Smith had been previously married and by whom he had two children to wit Catharine Smith and Jacob Smith (who are now living) his wife died some time between 1790 and  & 1793.  He again married and by her he had one child towit Jane Price the applicant Henry Smith died about the year 1800. and his widow died in 1840s upon this Statement of facts would the children of Henry Smith by his first wife be entitled to come in and take an equal share with Jane Price the child by his last wife. or would Jane Price be entitled to all.  It strikes me that the children by the first wife are a equitably entitled to a share as the child by the last wife.  The [{principle of the] crossed out] constructive given by B L Butler Esq then Atty Gen [{ to} crossed out] in a letter to the Secy of War dated April 13.1837 in pension laws page 71 &c in a case somewhat analogous would seem to favour the view I have given it.  If any proof of the first marriage or any evidence is in addition to what has been forwarded is necessary to entitle the children by the first wife to a share I would be pleased to know before a certificate should be made our allowing a pension to transpire.  I should be pleased to hear from the Department their opinion in the above facts.
Very respectful
Your Obs Servt  [Obedient Servant]
John D. Morris
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WIDOW, &C.
   ________
Revy

File No.      2970

Mary Smith
Widow
Henry Smith

Pri Rev. War
____________

Act:  July 7, 1838
dex:- Vol. M., Page 218.

[Arrangement of 1870.]
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W 12910

Mary Smith decd [deceased]
Pa

Mr. R Brodhead,
Juy 23/46.
Semi My  11, 1846

act 7 July 1838
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No 12910

Mary Smith decd [deceased]
widow of Henry
Pa
Act 7 July 1838


admd [administered 10 mo 25 days per
                                  $36.10 per annum

from 4 March 1836 to 14 March 1840 the day of her death payable to Jane Price, only surviving child of Mary Smith decd [deceased].


Hon R. Brodhead
Easton
 Pa
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Hon

[Illegible Stamp]


Postmaster will]
please forward}
immediately}
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Stroudsburg August 6th 1846

Dear sir

Enclosed I send you the Depositions of Sarah Hollinshead Rober Boy & James Boyd.  The deposition of James Boys was just taken today.  I was in a hurry to get it ready before the mail closed, the Deposition of Mr Hollinshead & James Boyd I think with the Deposition of Mrs Colbaugh proves the marriage sufficiently with defference to that portion of the commissioners letter which says that the death of Mrs. Smith is not sufficiently proved.  In the case of the heirs of Barbary I think the commissioner in a letter to Hon John Westbrook said that the court should certify the date of the death of the widow and the names of the heirs, that was done in that case without any objection by the commissioner as to the sufficiency of the proof & the claim was granted the same was done in this case, but the commissioner says the death is not proved sufficiently.  I have not been able to get the same witness that was before the court as they live some fifteen miles from this place, but the proof was deemed sufficient by the court and the ordered the prothonotary to make out the certificate the undertaker has moved out of the county to some place that I do not know, but I have taken the deposition of Robert Boys the merchant who supplied the Burial Cloths
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[Left side written vertically]

Rd [Received] Aug 5, 1846

[Below written horizontally]

I have not recd [received] any information in regard to the claim of the heirs of Margaret Van Auken concerning which I wrote to you a few days ago.

I wish if you can to ger the commissioner to act upon these claims before your return home, as letters addressed to him except through you seldom got attended to with much dispach
accept my thanks for your kind attention
Yours very Respe ly [Respectfully]
L M Busson
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Deposition of 
James Boys
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State of Pennsylvania}
Monroe County Js}  on this sixth day of August 1849 personally appeared before me the subscriber a Justice of the Peace in & for the county of Monroe, James Boys aged seventy four yerars who being first duly sworn according to Law Deposeth & saith that he came north of the blue Mountain in now Monroe County in the [{spring} crossed out] summer of the year of seventeen hundred and ninety, that in the summer of the year of seventeen hundred and ninety he first became acquainted with Henry Smith and Mary his wife that at that time the said Henry & Mary lived together. at that (time) as man & wife, that they lived together as man & wife when he first knew them as aforesaid and continued to live together as such untill the death of Henry Smith.  That he attended the funeral of sd [said] Henry Smith but does not know the year he died he did not live a great many years after I came to this country.  and further this deponent saith not
The word (summer time interlined before sigisting 
Sworn}                                        X James Boys
and subscribed before me}
this sixth day of August AD 1846
John Musch J.P.}

I John Musch the above named Justice do certify that I am acquainted with James Boys and that he is a credible man & his statements are entitled to weight
John Musch J. P.
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State of Pennsylvania}
Monroe County Js}  I James H Stroud Prothonotary of the Court of Common Pleas of Monroe County do hereby certify that on this seventh day of July AD 1846 satisfactory proof was made on oath of credible witness, that Henry Smith died in the month of June 1801.  And that Mary Smith his widow died on the fourteenth day of March 1840.  And that the said Henry had issue by his first wife Jacob Smith and Catharine Smith that the said Henry Smith and Mary Smith had issue of Jane intermarried with Benjamin Price.  In Testimony whereof I have hereunto set my and and seal of office, this seventh day of July 1846.
J. H. Stroud Prothonotary
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Pennsylvania }
Monroe County Js}  On the eighth day of July AD 1846 Before me the subscriber a Justice of the Peace in & for the County of Monroe personally came Mary Coolbaugh widow of the late Hon.C [Honorable] John Coollaugh deceased in the seventieth year of her age and being first duly sworn according to call deposeth & saith that she was well acquainted with Henry Smith formerly of Northampton County and Mary Bush who were afterwards married.  That the said Henry Smith & Mary Bush at the time of their marriage resided in Smithfield or Stroud township in now Monroe County which was formerly part of Northampton formerly aforesaid-that the said Henry Smith and Mary were married by the deponants father whose name was William Wills then a Justice of the Peace foresaid Northampton.  That deponant Father William Wills was an acting Justice of the peace in & for the County of Northampton and that the said Henry Smith and Mary were married in the year Seventeen hundred and ninety, and to the best of her knowledge it was in the winter or spring of the year seventeen hundred and ninety (1790).  This deponant was at her fathers house at the time of the marriage and remembers distinctly the part of the marriage of said Henry to said Mary and
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deponant states to the best of her knowledge and belief she was present at the time the marriage ceremony took place between said Henry & Mary.  That this deponants father William Wills died as deponants believes on the fifth day of [begin underline] October [end underlin] Seventeen hundred and ninety three the deponant is certain that her father died in the year Seventeen hundred ninety three and on the fifth of October (1793) was the day & month to the best of deponants recollections & belief the said Henry Smith spoken of by this deponant had been before named and had issue by a former wife the name of the first wife deponant does not recollect 




sworn & Subscribed    Mary Coolbaugh
before me this 8th July
1846.

John Musch J. P.

Monroe County Js.  I John Musch Esquire a Justice of the Peace in & for the County of Monroe do hereby Certify that I am well acquainted with the above named Mary Coollaugh widow of the late Honl [Honorable] John Coollaugh that she is a [begin underline] person [end underline] of good moral Character & her statements are worthy of full credit & belief and that she is a person of Respectability and credit.  In testimony whereof I have hereto set my hand this 8th July 1846.
John Musch J. P.
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I James H Stroud Prothonotary of the Court of Common Pleas of Monroe County do hereby certify that John Musch the Justice before whom the written proceedings where had and at the time and now is a Justice of the Peace duly commissioned and qualified to act as such.  And that the signatures purporting to be his are genuine  In Testimony whereof I have herewith set my hand and seal of said court this eighth day of July 1846

J. H. Stroud Proty [Prothonotary]
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[Written vertically on left side]

Deposition of 
Sarah Hollinshead

[Written horizontally on right side]

State of Pennsylvania}
Monroe County Js}
On the fifth day of August AD 1840 personally appeared before the subscriber a Justice of the Peace in and for said county Sarah Hollinshead aged seventy six years who being first duly affirmed according to Law deposeth & saith that she was well acquainted with Henry Smith and Mary Smith his wife. (formerly Mary Bush) before she was married to said Henry Smith) that she recollects at the time of the marriage of said Henry Smith and said Mary of hearing of their marriage that this deponent was not present at the marriage.  That she understood at the time of  of their marriage that they was married by William Wills Esq that she distinctly recollects that said William Wills died in fall of the year seventeen hundred and ninety three from the circumstances that said William Wills was a candidate for the assembly the fall that he died, and that he died just before the election took place, and also that he died in the fall as this deponent was married to her second husband in the summer of the following year, that this deponent does not recollect the precise year or month the said Henry & Mary was married but that they were married some considerable time before William Wills died
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and that they had a child born within a year from their marriage whose name was Jane since intermarried with Benjamin Price, that said Henry and Mary lived together as man & wife untill the death of sd [said] Henry Smith that they never had any other children by this marriage except Jane,   that she never heard the marriage questioned or disputed and further this deponent saith not 

Affirmed and}
subscribed before}  Sarah Hollinshead
me the day & year}
above mentioned}
John Musch J. P.

I John Musch the Justice above named do hereby certify that Sarah Hollinshead the above deponent is a woman of credibility and that her statements are worthy of credit
John Musch J. P.

State of Pennsylvania]
Monroe County Js}
I James H Stroud Prothonotary of the court of Common Pleas of Monroe County do hereby certify that John Musch Esq the Justice before whom the above proceedings were had was at the time and now is a Justice of the Peace in and for sd [said] county duly commissioned and qualified to act as such and that the above signatures purporting to be his are genuine.  In Testimony whereof I have hereunto set my hand and seal of office this Sixth- day of August AD 1846

J. H. Stroud, Prothonotary
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Payment to be made 
at Philadelphia
by Saml [Samuel] F. Smith
Agent for paying Pensions
as in the Agency of 
Pennsylvania
Payable on the 4th March
and 4th September in each 
year.

Recorded in the Pension
Office in Book D Vol. 1
Page     by


D. H. Wood Clerk.
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WAR DEPARTMENT.
WIDOWS PENSIONS.

I certify that in conformity with the act of July 7 1838,  Mary Smith, decd [deceased] of Pennsylvania widow of Henry Smith.
who was a Private in the Revolution
and died on the ______ day of June 1801 _____
is inscribed on the pension list at the rate of Thirty Six dollars and Ten  cents per annum. commencing on the  4th March 1836 and terminating on the 4th of March, 1840, [{unless the pensioner received or died before the above mentioned date: in which case the pension is not payable after the time of such marriage or death.} crossed out] payable to Jane Price, only child.  Given at the War Office of the United States, this 17 day of August one thousand eight hundred and Forty six

Secretary of War

Examined and }
Countersigned}

Commissioner of Pensions
Duplicated