Revolutionary War Pension and Bounty Land Warrant Application File R. 14340, Henry Garnett, Va
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Service 
Va

Garnett, Henry

Number
R.14340
and Va Half Pay
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To His Excellency The Gov. of Virginia

The Petition of Robert Garnett and others, who are heirs of Henry Garnett respectfully state that said Henry Garnett was a Captain in the regular service, & in the Virginia line more than three years and died many years ago without ever receiving the Land Bounty to which he was entitled & which they now pray may be allowed them.
The affidavits of Wm. Elliot and Edward Vawter are positive that he was more than three years in service - they refer to circumstances which corroborate their convictions of his being more than three years in service. The Auditors certificate from the Records, prove every material point except the duration of his service - & The large amount of depreciation received, is a strong circumstance in support of the affidavits on that point - Mr Vawter is mistaken in saying H. Garnett was in the Continental line - He knew Capt. Garnett was in the Regular service & Virginia line - and inadvertently describes the line as Virginia Continental line - as appears by his reference to the service of others under Garnett and the Records show that they were in the State line Ben. Bawter drew 100 acres warrant No. 739, for three years service in the Virginia State line - which confirms Ed: Vawters statement respecting his services & shows that Mr. V. meant to state that Henry Garnetts services were of the same description - All of which is respectfully submitted by
T. Green Atto for the Petitioners

The affidavit of William Elliot aged 79 years This affiant states that he was acquainted with Henry Garnett during the revolutionary war and afterwards to his death - He knows that sd. Garnett was a captain in the regular service in the Virginia line, during the revolutionary war. He knows that the sd Garnett was
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in service three years, during the war - Wyatt Elliott the brother of this affiant was a Sergeant under the sd Garnett,  who served to the end of the war- How much longer the said Garnett was in service than three years this affiant cannot say.
 Wm Elliott 
Essex County Virginia to wit William Elliott whose name is signed to the foregoing certificate personally appeared before me a justice of the peace for the County aforesaid and made oath that the sd certificate contains the truth. Given under my hand & seal this 24th day of May 1832 
Robt P. Waring ● 
I further certify that the above named William Elliott is a resident of Essex County and that his statements are entitled to credit July 24th 1832- 
Robt P. Waring Jr J.P. 
I do hereby certify that I was acquainted with Capt Henry Garnett of Essex County in the revolutionary war. The said Garnett was a captain in the Virginia continental line in the said war and served at least four or five years and I think to the close of the war - Benj Vawter a relation of mine and several others of my acquaintances enlisted under the Garnett for the term of three years 
Edward Vawter
State of Virginia Essex County  To wit
Edward Vawter 
personally appeared before me a Justice of the peace for the County aforesaid & made oath that the above affidavit contains the truth to the best of his recollection and knowledge. I further certify that the statement of
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the said Vawter so far as I know or believe is entitled to credit, and that he is a resident of Essex County & my neighbourhood. Given under my hand this 24th day of July 1832 Richard Rowzer 

I hereby certify that Henry Garnett Captain of infantry in the State line received on the 26 March 1783 a certificate for the balance of his full pay amounting to $139. 12.0 as appears by the army Register in this office. Given under 
my hand at the Auditors office 
Richmond 27 July 1832 
J. E. Heath 
Executive Department 
Richmond Va March 8. 1853 
I hereby certify that the foregoing are true copies of papers on file in this department George W. Munford 
Secy of the Court
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I Henry Garnett of the County of Essex do make and ordain this my last will and testament, and revoking all others heretofore made by me, after my debts being paid, that my slaves, work creatures, plantation utinsels [utensils] and provisions sufficient for their support annually be furnished for three years from my estate, to raise the sum of five hundred pounds for Nancy and Austin Garnett, children of Austin Garnett [illegible]: and also five hundred pounds to be equally divided between the children of Robert Garnett, after that sum being raised by working the plantation called Farmers' hall, I then devise the said plantation, one half to Robert Garnett, and the other half to Nancy & Austin Garnett, and that Hannah S. Neale shall have liberty to live in the mansion house and to have full use of all the land houses et cetera: from the cross fence running from Lydia Brooks to the white oak swamp during the term of three years after raising the above sum. it is my will that Maria, Washington, and Fenton Mariner, a son and daughters of Ann Mariner to have in young negroes to the amount of five hundred pounds which may be purchased or allotted out of my estate, and if any one or more of them should die that the survivor of them shall inherit the said negroes and their increase, and if the whole of them die before they come of age that the said negroes revert to my estate and be equally divided between the legatees hereafter mentioned to go and descend as the legacies given them shall go & descend if from my personal estate there is more monies raised than will discharge my debts, that it be laid out in lands or young negroes, as may be judged best (by my Exors hereafter named) for the interest of the legatees hereafter mentioned by me, and to go and descend as the legacies hereafter, are directed to go and descend, lastly my will is that my negroes and personal estate be divided into five parts (except what is already devised) and the one fifth part, I loan to Hannah S. Neale during her natural life and at her death to be equally divided between the legatees hereafter named by me; I also give her choice
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choice of a feather bed & furniture a bureau and the best trunk I have,  one fifth part to Ann Day and one fifth part to Henrietta Day, daughters of Lucy Day. I also give if either dies the survivor of them shall inherit the one fifth part of my estate left them. I leave to Andrew Monroe and Fanny his wife one other fifth part during their lives and at their deaths to be equally divided between the children of said Fanny, I also leave to John Segar & Eliza his wife one fifth part during their natural lives, and at their death to be divided been the children of the said Elizabeth.  Lastly I do appoint my friends James Hunter, Taliafera Hunter & C. J.. William Waring my executors, and that the Court shall not request securities of them for their performances to this my will. I also give to Maria, Washington, and Fenton Mariner as above forty nine & one half acres of land bounded by Robert Parker Richard Carter & Margaret Dishman to be equally divided between them.  my desire is that my lott & houses at Loyas be sold and the money arising from the sale thereof, be applied as the moneys are directed to be applied by my executors from the sales of my personal estate, given under my hand and seal this twenty seventh day of August 1805 
Henry Garrett (SEAL)
to Paul Union, James L Cox, W, Loyde, John Jones, W fisher, Ma A lee   
Note
   A Codicil to the within will. I give the use of the lott houses and land lately purchased of Lydia W. Fisher B. Brooke and my negroe woman Pender to Hannah S. Neal during her life and ten pounds Jno P. Lee pr ann" for the support of Pender, and at her death I give the said lot and land to Nancy & Henneritta Day to be equally divided between them, as witness my hand and seal this 18th day of March 1807
Henry Garnett  (SEAL)
Test
John Richeson, John Sale, Edward B Brown, Thomas Matthews 
Codicel No.2 to the will of Henry Garrett John Sale is my will and desire that the 68 acres Edward B. Benn of land surveyed by Humphrey B. Brooke
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Begining at a stump corner to Robert Garnetts land and Newfoundland Tract at the letter A in the above plot, and running thence N. 21 ½ E. 27 poles to a white oak upon a hill at the letter B thence N. 73 ½° W. 38 poles to a chinquapin by a spring near the main runn of a branch at C. thence S 71 W 7 poles to a white oak at D thence S 70 W. 20 to a Holly at 18, thence West 118 poles to a white oak & red oak in Andrew Monroes line at 1. thence with the said premises line 7 E 30 poles to a red oak corner to the said Monroe and & Newfoundland tract at D thence N. 82 E. 223 poles to the beginning
 H. B. Brooke
 April 1819
 At an intervening Court held for Essex County at Tappahannock on the 18th day of September 1811. This last Will and Testament of Henry Gannett dec with three Codicils an nexed were offered for proof by Thomas Maher one of the executors, and the body of the will aforesaid was proved by the acts of W Fisher and Jno P. Lee two of the subscribing Witnesses thereto, the first Codicil by the oaths of John Richewn Edward B. Browne and Thomas Matthews three of the witnesses thereto. the second Codicil by the oaths of Thomas Mathers and Richd N Calliss two of the witnesses thereto & the third Codicil by the oaths of John Richeson and Catharine Loyd the subscribing witnesses thereto, and also by the oath of the said Exr and ordered to be recorded together with the plat of Land refered to in Codicil No 2. Whereupon on the motion of the said Thomas Matthews he was permitted to qualify as ever to the said Will and Codicils without giving security or the execution thereof the testator requiring by his will that security should not be requested of his executors, and the said Thos Matthews thereupon took the oath of an exor as required by law, and a certificate was granted him in order to his obtaining probate thereof in due form Teste John P. Lee Clk
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as will appear by the pot in the hand writing of the said Brooke & in the possession of Hannah S. Neale be attached to the Newfoundland tract of land & I do hereby disprove of the said 68 acres of land in the same manner I have disposed of the said Newfoundland tract of land in the body of my will & it is further my will and desire that my friend Hannah S. Neale be furnished with a sufficient quantity of stock for her use & the use of her family that every necessary may be furnished her by my execution so that she may never want & that whatever imber she may want & forward may be furnished her of the rest of my lands by my executors - In testimony whereof I have hereunto set my name & affixed my seal this 21st. day of Decr 1810
Henry Garnett. {Seal}
Teste
Thos Matthew} Council Mo 3rd - Fearing that it
A G Monroe} will not be entirely convenient for
Rich N. Calliss} my friend James Hunter above appointed executor to this my last will to act by himself I do hereby constitute and appoint my friend Thomas Matthews another executor & do hereby vest the same powers in him that are vested in my friend Hunter in the body of this my will. In testimony whereof I have hereunto set my hands and affixed my seal this 22nd day of June 1811~
Henry
Henry Garnett {Seal}
x his mark
Signed sealed and acknowledged
in the presence of John Richeson
Catharine Loyde

[drawing of a 68 Acre lot of land with measurements]
The above is a plot of sixty eight acres of land surveyed at the request of Capt. Henry Garnett being part of Farmer's Hall tract beginning
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KNOW ALL MEN BY THESE PRESENTS, That I, James H Noel, administrator, [illegible] on the estate of Henry Garrett deceased
 do hereby constitute, nominate and appoint Reuben Sauderss of Virginia my true and lawful Attorney to prosecute any claims to Land or Money that may be due from the State of Virginia and United States , or either, on account of the Revolutionary services of the said Henry Garnett as Captain and to demand and receive from the proper offices in Richmond and Washington, any Land Warrant or Warrants so due, and to sell and assign the same, or to surrender them at the General Land . Office, in order to obtain Certificates of Scrip in lieu thereof, which he is authorized to receive, sell and assign. Or in said Warrants be already surrendered, then to demand and receive the Certificates, and to sell and assign the same. If no Scrip can be obtained, he is authorized to receive the Warran sell the same, as he may think best. Said Attorney is also authorized to prosecute by suit or petition, and to demand and receive from the State of Virginia, and the United States, any Half-Pay or Commutation, and interest that may be due, particularly under the act of 5th July, 1832; and to substitute and appoint one or more attorneys under both with a general or special authority to do all he is permitted to do, and revoke the same at pleasure & will hereby ratify and confirm whatever said Attorney or his Substitutes may lawfully do in the premises. As witness my hand and seal this 7th day of November 1852 Jas A Noel Administrator [SEAL] Test G H Dillard
--- STATE OF Virginia, Essex County To wit This day personally appeared before me, a Justice of the Peace for the said County, James H. Noel subscriber to the foregoing Power of Attorney, and acknowledged the same to be his free act and deed. As witness my hand and seal, this 7th day of Novemr 1852 Orville Jeffers, J. P. [SEAL]
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State of Virginia County of Essex S.S.
I, James Ray Micon Clerk of the County Court in and for the County and State above mentioned, do hereby Certify that Orville Jeffries whose genuine signature appears [illegible] is and was at the time of signing the same a Justice of the Peace in and for the County and State aforesaid, duly Commissioned and sworn, that all his Official acts as such are entitled to full faith and credit and that the aforesaid County Court is a Court of Record having general jurisdiction Given under my hand and Seal of Office at Tappahannock this 11th day of December, 1832
James Ray Micon Clk
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I hereby Appoint Robert W. Young of the city of Washington, my substitute attorney, in facto to prosecute the foregoing claim. Witness my hand and Seal this 11th day of December 1832
R. Saunders Esq
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March 9, 1938.
xxxxxxxxxxxxxxx
BA-J/MMHF/ady
Henry Garnett
R.14340

Myrtle Cooper
Williamsburg
Virginia

Dear Madam:

Reference is made to your letter in which you request the Revolutionary War record of Captain Henry Garnett of King and Queen, or Essex County, Virginia.

The data which follow were obtained from the papers on file in the claim for Virginia Half Pay (R.14340) based upon service of Henry Garnett in the Revolutionary War.

The date and place of birth and names of parents of Henry Garnett are not shown. He was a resident of Essex County, Virginia, during the Revolutionary War. He died in that county between June 22, 1811 and September 16, 1811.

In 1853, in Essex County, Virginia, a claim for Virginia Half Pay was made to the United States in behalf of Robert Garnett and other heirs (no others designated as heirs) of Henry Garnett based upon his service in the Revolutionary War, as Captain in the Second Regiment of the Virginia State Line, having been commissioned captain February 12, 1777. It was stated that he served more than three years in that capacity. The claim was not allowed as proof of the alleged service of Captain Henry Garnett was not furnished in accordance with the requirements of the pension law.

It is shown that Captain Henry Garnett provided for the following persons in his will dated June 22, 1811 in Essex County, Virginia: Nancy and Austin Garnett, the children of Austin Garnett, deceased; also, Robert Garnett and the children of Robert Garnett; Hannah S. Neale and her family; Maria, Washington and Fenton Mariner, the son and daughters of Ann Mariner; Ann Day and Henrietta (or Henneritta) Day, the daughters of Lucy Day; Andrew Monroe and Fanny, his wife, and her children; John Segar and Elizabeth, his wife, and her children. The relationship of these
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persons to Captain Henry Garnett is not shown nor is it stated whether or not he was ever married. The names of the children of Fanny Monroe and Elizabeth Segar are not stated.
Very truly yours

A. D. HILLER
Executive Assistant
to the Administrator
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THIS IS TO CERTIFY, That it appears from a list in this office of such Officers and Soldiers of the Virginia State - Line as settled their accounts and received certificates for the balance of their Full Pay, according to an act of assembly, passed the November session 1781, directing the Auditors of Public Accounts to settle and adjust the pay and accounts of the said Officers and Soldiers from the 1st January 1777 to 31st December 1781, (see Hening's Statutes at Large, vol. 10, p. 462,) that a settlement was made on the 26th day of Marcy 1783 in the name of Henry Garnett - as Capt of Infy and evidence of the indebtedness of the State to him for L139.12 delivered to Js Quarles - but as the original settlements or copies thereof are not to be found in this office, the term of service embraced therein cannot be stated.
Given under my hand at the First Auditor's Office, Richmond, this 24th day of Sept 1852
Ro Johnston
First Auditor
[No Seal of Office.]
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D-
Noel
of Admor; Bond S:n; N with Will
Gound H annexed

for
James H Noel admr &c
of Henry Garnett
decd

Sec Jr 20[cent sign]
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[Fiduciary's Bond.]
KNOW ALL MEN BY THESE PRESENTS, That we James H. Noel Richard. L. Covington & Walter G. Covington
are held and firmly bound unto the COMMONWEALTH OF VIRGINIA, in the just and full sum of five hundred - dollars; to which payment, well and truly to be made to the said Commonwealth, we bind ourselves, our heirs, executors and administrators, jointly and severally firmly by these presents. Sealed with our seals, and dated this 15th day of Novemb. 1852, and in the 77th year of the Commonwealth.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That if the said James H. Noel who is this day permitted by the County Court of Essex to qualify as the administrator de bonis non with the will annexed of Henry Garnett decd.
shall faithfully discharge the duties of his said office according to law, then the above obligation to be void, otherwise to remain in full force and virtue.
Jas H. Noel
R. L Covington
W. G. Covington
Signed, sealed, and acknowledged, by
all the obligors, in the presence of
Essex County
Court, and ordered to be recorded.
TESTE, James. Roy Micon Clk
A Copy Teste James Ray Micon Clk
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C.

Henry Garnett's
Will

A Copy for
James H Noel admr
&c of Henry Garnett
decd

Fee $1.47
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At a Court of Quarterly session begun and held for Essex County at the Courthouse in Tappahannock on the 15th day of November 1832 On the motion of James H. Noel a certificate was granted him in order to his obtaining letters of administration de bonis non with the will and Codicils annexed on the Estate of Henry Garnett decd., he having first taken the oath in such case required by law, and entered into a bond payable to the Commonwealth of Virginia in the penalty of five hundred dollars, with Richard L Covington and Walter G. Covington his secreties approved of as such by the Court, which said bond being conditioned as the law directs was acknowledged by the obligers and ordered to be recorded
Teste 
James Roy. Micon Clk
A Copy
Teste.
James Roy Micon Clk
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Pension Office, Nov. 5. 53.

Sir,
The claim of Capt. Garnett for half pay, has been examined.
He was commissioned as Captain in the Second Va. Regiment in 1777. How long he served is uncertain. The Report of the examining board of 1782 returns eight Captains of that regiment as supernumeraries, but the name of Garnet is not returned. To overcome the presumption arising from this report, requires evidence clearer and more positive than that of W: Elliot, who doubtfully says, "how much longer the said Garnett was in service than three years, this affiant cannot say", or than that of Edward Vowter, who says that he "served at least four or five years, and I think to the close of the war."
The "amount" of Capt. Garnett's balance of full pay, being only L139.12, by no means sustains this claim - neither does the grant of land for three years' service, which his heirs succeeded in obtaining, upon the same evidence, as late as 1833.
There being no other evidence, the application is rejected.
I remain, With respect,
Your obt servt.
L P Waldo Comr..

R. W. Young, Esq.
Present -
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Letter to Comr
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Washington April 12th 1855.

Hon L. P. Waldo
Comr of Pensions

Sir
I respectfully submit for your consideration the enclosed papers, (marked A. B. C. D. E. F. & G.) in support of the claim of Henry Garnett decd. for Half-Pay, under the act of the 5th July 1832, as a Captain in the Va state line during the war of the Revolution.
Statement of evidence
1st The execution of Va granted land bounty to the heirs of Captain Garnett for a service of three years.
2nd The Certificate of the Secretary of the Commonwealth shows that Henry Garnett was commissioned a Captain on the 12th Feby 1777.
3d. The Certificate of the Auditor (Mr Johnson) shows that that in March 1783 Capt. Garnett's accounts were settled And he red. :139.12: as a balance of Pay due him up to the 31st of December 781 -
4th William Elliot a duly accredited Witness believes that he Knew Capt. Garnett well, and that he was in Service three years.
5th Edward Vawter Another duly accredited witness testifies, that he was well acquainted with Captain Garnett of Essex County in the Revolutionary
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War, and that the said Garnett served at least four or five years.
6th The Revolutionary records on file here in Richmond Va. do not show, that Capt. Garnett resigned or was Captured.
Upon this statement of facts I ask that the Claim may be allowed.
Very respectfully
Your Obt Sevt
R. W. Young
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Executive Department
Richmond, March 8th 1853

I do hereby certify that it appears from the Journal of the Executive of Virginia of the nineteenth day of March 1778 that the Council advised the Governor to proceed to the issuing of commissions upon the Documents before them, in order that the second Virginia Regiment may march to head quarters without delay, which the Governor did in pursuance of said advice, & among others commissioned Henry Garnet a Captain of said regiment, his commission to date from the twelfth day of February 1777
Given under my hand this
eighth of March 1853
George W. Munford
Secy of the Comtr.
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Henry Garnett decd
Capt Va State line

Claim for Half pay

act 5 July 1832
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Williamsburg, Va.
Jan. 31, 1938

Veterans Administration
Washington, D.C.
Dear Sir,
Will you please give me the war record of Henry Garnett of Virginia who served in the Revolution? He is mentioned as captain in various items.
He lived either in King & Queen County or Essex County. If his record includes names of parents, will you please give this?
Thanking you, I am,
Very respectfully yours,
Myrtle Cooper

[stamp]
RECEIVED
FEB _ 1938
MAIL SUB-DIV.
VETS ADM
READER # 27
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1938 Mar. 9. Hist to Myrtle Cooper. A.D.Y.

No. 14340
[scratched out:
ACT OF FEBRUARY 14, 1871.
WAR OF 1812.
REJECTED
3121]
Henry Garnett
Capt.
Va Line
Revolution
Discharged _______, 18
4021
H'f Pay - Act '32
Received ________, 187

Attorney.