Revolutionary War Pension and Bounty Land Warrant Application File R. 22752, for Merry Mc Guire, South Carolina
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(3-1776)
SERVICE
S.C.
McGuire, Merry
NUMBER
R. 22752
CONTENTS
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State of Mississippi
Panola County
On this the 14 day of April A.D. 1872 personally appeared S. B. Hollinshead a citizen and resident of the county of Panola and state aforesaid [illegible line - Mc - should be D B McHenry here] a Justice of the Peace within and for said County and State aforesaid and on being duly sworn according to law deposes and says on his oath that some time during the year [illegible] he was enjoined in procuring [illegible] to establish a claim in behalf of the heirs of Lieut Merry McGuire a reputed Soldier in the Revolutionary War of 1776 with Great Britian &c. That he affiant has placed in possession a certificate of one Isaac Goings dated 14th June 1854 made out before an officer in the State of South Carolina duly qualified to administer oaths and authenticated by (on account to) the act of Congress in which said certificate said Isaac Goings asserted on oath that he said Isaac Goings was personally acquainted with and knew said Lieutenant Merry McGuire and that he knew him in the said War of the Revolution, that he knew him to be a soldier in War of the Revolution because he saw and knew him as such in said service.
And further said affiant Isaac Goings certified on oath that he knew Abner McGuire of Union District South Carolina to be a son of the said Soldier Lieut Merry McGuire, and further that Lieut Merry McQuire married one Jane Smith of Union District South Carolina. (over)
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then that Lieut Merry McGuire died in the year (AD) 1796.
Isaac Goings the affiant was a citizen and resident of Union District (now Union County) State of South Carolina. I also certify on oath that I procured a certificate from Mrs. Rebecca [illegible] of Pickens County Alabama in which she stated on oath that she knew Lieut Merry McGuire of Union District South Carolina to be a soldier in the Revolutionary Service from several rumours altho she did not see him in the service that she knew Lieut Merry McGuire and his wife, that she also knew Abner McGuire to be a son of the said Lieut Merry McGuire and that she knew A. J. McGuire to be a son of Abner McGuire.
I further certify on oath that I inspected the Records of the Military service of the Revolutionary War in the offices of the Comptroller General of South Carolina in the City of Columbia State of South Carolina in the year 1854 and found by the assistance of the Comptroller the records showing that the United States were in arrears with the said Lieut Merry McGuire (who was also a Sargeant Major) in a large amount of Money stated in pounds shillings & Pence according to the currency of Great Britain the precise amount of which I do not remember for the services in the Revolutionary War, that I procured a copy from the said Records certified to by the Comptroller Genl of South Carolina certifying under oath that the copy was a true copy of the Records in his office, the name of the
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Comp. Genl Off.
South Carolina
Book A. pg. 98.
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Controller General was one [illegible - Jacobs?] to the best of my recollection.
I certify further that I and my [illegible remaining line]
[illegible start to line and insertion] wrote [illegible] a Declaration in behalf of the heirs of Lieut Merry McGuire and filed the same in the office of the Commissioner of Pensions, claiming for said arrearage that the Commissioner of Pensions either decided on it or referred it to the 2nd Auditor in Washington D.C. or some other office. I do not remember distinctly to whom who decided that the [illegible] heirs of Lieut Merry McGuire were not entitled under the then existing laws of Congress because they were not [illegible] heirs or [illegible] of that import.
S. B. Hollinshead
Personally appeared the [illegible] S B Hollinshead before me & made oath that the matters & the stated in the above foregoing affidavit are [illegible] to the [illegible] of his knowledge, information, remembrance & belief this 14th day of April 1872 [illegible remaining 3 lines as image too faint]
D. B. McHenry J.P.
[illegible] &c
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The State of Mississippi

[sideways]
Comp. Genl Off.
South Carolina
Book A. pg. 98.
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[first column]
(3-223.)
No. 22.752 M
Revolutionary Ex'r
OLD WAR INVALID.
Merry McGuire [checkmark]
P.O. of S. Ca
Lieut in Revy War

Served 4 or 5 years
Discharged: [blank]
Application filed: Sept 28, 1885.
Alleges: Officer died 1796
Widow died 1819
Re-enlisted:
Attorney: A. J. McGuire by Hon. J F Barry
Miss'pi
Recognized. Contract.
Cert. of Dis. Searched for , 18.

[second column]
1885 Oct. 3 Hon. A J Barry, that this officer & his widow died before the before the passage of a law granting pensions for Revy Services & neither was therefore entitled to a pension – Sent also circular (B hargpt-5) Also that it was on record that the officer rec’d certificates 92,312 & 13 & 14 amtg to $1430.24 probably for balance of pay in 1783.
Prior
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[blank]
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No. 266 Estate of Merry McGuire
Petition for Letters Testamentary
---
To the Honorable David Ames Judge of the Probate Court of Oktibbeha County Mississippi

The petition of Andrew J. McQuire a resident of said county, respectfully shows to your Honor that one Merry McGuire late a citizen of Union District in the State of South Carolina was deceased, in his life time voluntered and served a an officer in the capacity of Lieutenant of the second South Carolina Continental Regiment and secondly as Sergant Major, Lieutenant and Adjutant of the third Regiment of the South Carolina Continental Regiment, but your petitioner cannot state how long said Merry McGuire served as above state, you petitioner begs leave to state however but he is informed and beleives that he served some four of five years in said war and further that for his services and substance to 1st May 1783 per the auditor General Certificate, Treasury Indent was granted to said Merry McGuire for pay and substance for nine hundred and six pounds, sixteen
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[stamp] U.S. PENSION OFFICE
2.
shillings, and nine pence sterling
Principal L 906.16.9
Interest 63.9.9
The said Indent was dated the 6th June 1783 as appears from Indent Book A page 98 as will fully appear by reference to a certificate from the Comptroller General's Office dated Columbia South Carolina 2nd September 1853 hereto annexed and made a part of his petition marked Exhibit "A". From which said certificate it does not appear that the said sum of money above described amounting to upwards of four thousand dollars was ever paid to the said Merry McGuire in his life time, or to any one else since his death, and from all the information your petitioner can obtain on the subject, he beleives said amount has never been paid but is still due and owing from the Government of the United States to the Estate of the said Merry McGuire deceased.
Your petitioner states that said Merry McGuire died intestate as he is informed and beleives and that no one ever administered
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upon his estate. Your petitioner states that Merry McGuire intermarried with one Rebecca Smith in said Union District about the year 1785 with whom he lived as his wife until his death and by whom he had several children, all of whom died in infancy except two, to wit Abner and Samuel McGuire. Your petitioner states that said Merry McGuire died in the year 1796 and his said wife Rebecca died in the year 1819. Your petitioner states the said Abner McGuire intermarried with one Isabella Webb in Abbyville Dist S.C. in the year 1811 or thereabouts, and that he had eight children by his said wife to wit Nimrod, Andrew J. (your petitioner), James M. Willis P. Joseph O. (now deceased) Rebecca (now deceased) who married Tower, Arelia who married Gee, and Sarah who married Sweetman.
Your petitioner states that three of the above heirs lives as he beleives in the State of Mississippi, perhaps in - county at Peslington to wit Nimrod, the heirs of Rebecca Tower
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Gee, the others are nonresident and lived in Arkansas.
Your petitioner states that Samuel McGuire intermarried with one Rosanna Hall in Jackson County Georgia and had six children by her to wit Elizabeth, Amanda, Eliza, Abner, and Franklin and Jane.
Elizabeth married Isaac Rainey and Jane married one Evans.
Three of said children lived in Harrison County Mississippi to wit Abner McGuire Franklin McGuire and Jane Evans your petitioner does not know where the rest live. Your petitioner states that the above named parties are the grandchildren of the said Merry McGuire and as such are entitled by act of Congress to a distributive share of the Estate of said Merry McGuire by virtue of said services in said war and your petitioner states further that said heirs as he is informed and beleives is justly entitles to a large amount from the Government of the U.S. by virtue of various pensioner laws passed by Congress, by does not know the amount. The object of your petitioner is to make application to
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the proper Department at Washington for all pay and pensions due said Merry McGuire by virtue of his said service in said war and he therefore prays for Letters Testamentary or of administration on the Estate of the said Merry McGuire and that citation issue and publication be made in the Starkville Advocate according to law.
Your petitioner begs leave to offer to the consideration of your Honor David Love and William C McVey as securities upon his bond and to nominate S. E. Nash C. T. Miller & C. J. Sullivan to value said interest and services of the said Merry McGuire. And as in duty bound your petitioner will ever pray &c.
Andrew J McGuire
Sworn to and subscribed in open court this 28th day of November AD 1853
Charles Dibrell clerk
Filed Nov 28th 1853
Charles Dibrell clerk
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[stamp] U.S. PENSION OFFICE
6
The State of Mississippi Oktibbeha County
---
Probate Court Novr Term 1853
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Matters in relation to the Estate of Merry McGuire
On the petition of Andrew J. McGuire it is ordered by the Probate Court that he be appointed administrator of the Estate of Merry McGuire deceased on his taking the oath and giving bond and secucurity approved by said court &C.

Probate Court May Term 1854
---
Matters in relation to the Estate of Merry McGuire deceased
This day Andrew J. McGuire appeared in open court and on motion it appearing to said Probate Court that the said Andrew J. applied to said court on petition to be appointed administrator of the Estate of the said Merry McGuire deceased at November Term 1853 and that an order was made by said court on said petition that he the said Andrew J. McGuire
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be appointed administrator of said estate on his giving bond and security and by taking the oath aforesaid, and it appearing to said court that the said Andrew J. McGuire having appeared in open court took the oath and give bond and security as required by law.
It is therefore ordered that the said appointment of the said Andrew J. McGuire as administrator aforesaid be in all things confirmed and that Letters of Administration be issued.

No 266 Est Merry McGuire Adm's Bond
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State of Mississippi
Oktibbeha County
Know all men by these presents that we Andrew J. McGuire, David Love, and William C. McVey are held and firmly bound unto the State of Mississippi in the penal sum of ten thousand dollars well and truly to be paid, we bind ourselves, our heirs, executors and administrators firmly by these presents, sealed with our seals and filed this 22nd day of May 1854.
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[stamp] U.S. PENSION OFFICE
8
The evidence of the above obligation is that if the said A.J. McGuire administrator of the goods, chattels & credits of Merry McGuire decd. do make a true and perfect inventory of all and singular the goods chattels & credits of the said deceased which have or shall come to the hands, possession or knowledge of him the said administrator, or into the hands or possession of any other person or persons for him and the same so made do exhibit into the Probate Court of Oktibbeha County when he shall be hereunto required, by the said court, and such goods, chattels, & credits do well and truly administer according to law, and further do make a just and true account of his actings and doings therein when hereunto required by the said court, and all the rest of said goods, chattels & credits which shall be found receiving upon account of said administrator the same being first examined and allowed by said court shall deliver and pay unto such persons respectively as are entitled to the same by law and if it shall hereafter appear that any last will and testament was made by
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the deceased and the same be proved in court, and the executor or executors obtain Letters Testamentary, and he said administrator do in such case being required render and deliver up his letters of administration there his obligation to be void else to remain in full force
Andrew J McGuire {seal}
William C McVey {seal}
David Love {seal}

This bond and security examined and approved of by me this 22nd day of May A.D. 1854. Witness my hand & seal.
David Ames {seal}
Judge of Probate
Filed May 22nd 1854 Recorded in Book Prob Rec B pps 274 & 5
C Dibrell clerk
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[LETTERS OF ADMINISTRATION.]
The State of Mississippi,
OKTIBBEHA COUNTY.
By the Probate Court of said County, Whereas, Merry McGuire deceased, died intestate as we are informed, having, whilst he lived and at the time of his death, divers goods, chattels, rights and credits and we desiring that the said goods, chattels, rights and credits may be well and truly administered, converted and disposed of, do hereby grant unto Andrew J McGuire full power, by the honor of these presents, to administer all and singular, the goods, chattels, rights and credits which to the said deceased, in his lifetime and at the time of his death, did belong; to ask, levy, recover and receive the same, and pay the debts for which the Deceased stood bound, as far as the goods, chattels, rights and credits of the said Deceased will extend, according to the rate and order of said debts in the law; to make a true and perfect inventory of the said goods, chattels, rights and credits, and the same to exhibit in the office of this Court, at or before the expiration of six months from the date hereof, and to render a just account of the said Administration, when thereunto legally required; and the said Andrew J McGuire is hereby ordained Administrator of all and singular the goods, chattels, rights and credits of the said Merry McQuire Deceased.
{SS}
Witness, the Honorable David Ames
Judge of Probate of said County, the 4th Monday of May A.D. 1854
Issued 28th day of Mar A.D. 1861
W C Bishop Clerk.
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[stamp] U.S. PENSION OFFICE

No. 266
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THE ESTATE OF Letters of Administration.
Merry McGuire
A J McGuire Adm'r.
Granted May Term, 1854
---
RECORDED IN
Book Bond Rec No. 2 on Page 134 the 28th day of March A.D. 1861
W C Bishop Clerk.
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The State of Mississippi
Oktibbeha County
I W. C. Bishop clerk of the Probate Court of said county do certify that the preceding 11 pages is a full and correct transcript of the petition of Andrew J. McGuire praying for Letters of Administration on the Estate of Merry McGuire deceased, said Andrew J. McGuire's Bond as administrator and the Letters of Administration granted as he same appears upon record and on file in my office
Witness my hand and the seal of said Court affixed at office in Starkville the 28th day of March AD 1861
W C Bishop clerk
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[illegible first two lines - too faint of writing]
he [illegible] be due [illegible - his grandfather Merry McQuire] who served for S Carolina in
Revy. It appears in the papers filed that the above officer died in 1796 & his widow in 1819, which dates being many years prior to the passage of every law granting pension for service in the above war, neither of them was ever entitled to a pension. Your attention is also noted to this paragraph in the enclosed printed circular [illegible] that Lt Merry McQuire did not [illegible] any or full pay his service as an officer for the [illegible] [illegible] during the war. You [illegible] that after the war practically closed the Continental Congress [illegible] passed for the [illegible] & settlement of the many claims &C. [illegible] the organization of the [illegible full line] [illegible start of line].  It is on record that your grandfather presented a claim in 1788 [illegible rest of line]
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received certifs. no 92.312. 92313 & 92314 requiring the aggregate pay of 1,430.24.
Hon J T Barry
House of Rep
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CERTIFICATE OF CLERK TO MAGISTRATE.
The State of Mississippi.
PANOLA COUNTY.
Chancery Court.
I, JOHN C. HARRISON, Clerk of the Chancery Court of said County the same being a court of record, do hereby certify that D B McHenry Esq whose genuine signature appears to the annexed and foregoing Certificate of Acknowledgement, is now, and was at the date of said Certificate, an acting Justice of the Peace, in and of said County, duly elected and qualified, according to law, that full faith and credit are due to all his official acts as such, and that his said Certificate is in due form of law.
In Witness Whereof, I have hereto set my hand and affixed the seal of said Court, at my office, in the town of Sardis, this 14th day of May 1872
J C Harrison Clerk.
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OW
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DEPARTMENT OF THE INTERIOR,
WASHINGTON, October 2, 1885.

The Commissioner of Pensions:
Sir:
On the 25th of last month a communication was sent to your office, accompanied by some papers relating to the claim of Mr. A. J. McGuire, on account of the services of his Grandfather, Merry McGuire, in the Revolutionary War, requesting an early consideration of the same, and that Hon. F. G. Barry, M. C., be advised of the result. Mr. Barry has informed me that he has received no reply. I would therefore request that you communicate with him upon the matter.
Very respectfully,
He. L. Muldrow
1st Assistant Secretary.
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LAW OFFICE OF
LYLES & HAYNSWORTH,
No. 10½ LAW RANGE,
Columbia, S. C., 18th May 1885

WM. H. LYLES
EDGAR C. HAYNSWORTH

In re. vs. Lieut. Merry McGuire

A.J. McGuire, Esq.
West Point, Miss.

Dear Sir; We enclose you by express papers in above matter. The Compt. Genl. of this State informs us that the old records of his office came into his hands boxed up and in a state of great confusion, and have never been opened, and it would be an extremely difficult matter to find anything sought for. We suggest, however that if you write to him enclosing a fee for the search that something might be unearthed.
Address Wm E. Stoney Comp. Genl. Columbia S.C.
We have found in the Secy. of States Office a MS. Volume presented to the State last winter by the Society of the Cincinnati of Charleston S.C. which purports to be a "Roll," derived from the most authentic sources, "of the Offices & men of the So. Ca. line upon the Continental Foundation." In that vol. there appears the name of "Lieut. Merry McGuire" from Union Dist. 2d. Regiment S.C. in Revolutionary War.
Yours truly
Lyles & Haynsworth
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Washington DC Sep 25 1885

Honl Secry Interior:
Sir:
I herewith submit claim of A J McQuire, for pension claimed he be due his grandfather as a Revolutionary soldier, and respectfully request action on the same.
Very Respectfully
F G Barry M.C.
4" Dist Miss
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OW
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DEPARTMENT OF THE INTERIOR,
WASHINGTON, September 25th, 1885.


The Commissioner of Pensions.
Sir:
I enclose, herewith, a claim for pension of Mr. A. J. McGuire, of West Point, Miss., on account of the services of his grandfather Mr. Merry McGuire, in the Revolutionary War. Please have the papers considered at an early day, and inform Hon. F. G. Barry of the result.
Very respectfully,
H. L. Muldrow
1st Assistant Secretary.