Revolutionary War Pension and Bounty Land Warrant Application File B.L.W. 2,175-300, Joseph Day, Ga.
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(8-1778)

Service: Ga.    Day, Joseph   
Number: BLW 2175-300
Contents [none listed]
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State of Georgia

At a Superior Court of the State of Georgia in the County of Chatham, holden at Savannah February 17th, 1836 --- 

Present the Honorable Robert M. Charlton, Judge

In open Court it was proved to the satisfaction of the Court by the testimony which appears herewith that Joseph Day a Captain in the Army of the American Revolution, died intestate without leaving any child, and leaving a wife him surviving.  And rather that, Eliza Morel, Wife of John Morel, Margaret C. Morel Widow, Ann [ ] Box Wife of Thomas [  ] Box - Philip [  ] Box Maria Wife of James Folker and Elizabetn A Herbert Widow - are the Heirs at Law of Mrs Elizabeth Box who was the Devisee of Mrs Day the Widow of Captain J. Day aforesaid.

In testimony Whereof I have hereto set my hand.
Robert Charlton
Judge Sup-Ct E.D.G.

Testimony
Sheftall Sheftall Esquire, on his oath in open Court, declares that he well knew Joseph Day of the Army of the American Revolution.  That the Said Joseph Day came to Georgia in the year 1777, and held the rank of Captain in the fourth Continental Georgia Regiment, commanded by Col John White -- deposed way and assistant Comissary of Subistenco in the Said Army.  and knew the Said Joseph Day to Command a Company as Captain - He further declared that Said Joseph Day married in Georgia, Miss Box the daughter of Philip Box - that Said Day so far as Deponent knows or has heard left at his death no Child, bot a Widow him surviving - That he never heard or knew of any relations of Said Day - Deponent said Day to serve from 1777 to the end of the War as a Captain, but cannot say when he entered the Service.

Sworn to in open Court this 17--Febry 1836.
Rob. M. Charlton
Judge Sup. Court E D.Geo.

James J. Bullock Esquire in open Court on his Oath declares that he knows the following persons to be Heirs at Law of Mrs Elizabeth Box deceased to wit, Eliza Morel Wife of John Morel, Margaret J. Morel Widow, Ann F. Ash Wife of Charles L Ash, Charlotte [  ] Box Wife of Thomas  [  ] Box. Philip M Box - Maria Folker Wife of James Folker and Elizabeth a Herbert Widow. That he has long know Said family and that Said persons are Grand Children and next of Kin of the Said Mrs Box.
[signed] James J. Bullock

Fromto Beforeme this 17th Febry 1836
Rob. M. Charlton
Judge Sup Ct. E.D.Geo.
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Georgia
Chatham County
I Ritchard [illegible] - Clerk of the Supreme court or Chatham County in the state aforesaid do hereby certify that the foregoing and [illegible] is a true Extrant from the Minutes of said bout.  In testimony whereof I have [illegible] my hand and affixed the seal of Said Suprem Court the twenty third day of February eighteen hundred and thirty six.

[signature illegible]
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Frankfort March 26th 1837

Dear Sir,

I acknowledge the receipt of the land Warrant no 2175 for 300 acres ifacced to the heirs of Captain Jos. Day of the Georgia Line for services performed by s. a day in the war of the Revolution.

Yours respectfully
[illegible] Todd

To Mr.  Gordan chief [illegible]
Washington
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Joseph Day
N. 2175.
W Y.
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June 29 - 1900
Willis S. White - Dalton Ga
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Bounty Land Office
March 11, 1837

Sir,

The accompanying papers and evidence relate to an unsatisfied claim for bounty land in right of Joseph Day, dec, who was a Captain in the Georgia Continental line.  It is shown by the evidence that Capt. Day died intestate, and without ifoece, but leaving a Widow who is since deceased, which Widow, under the laws of decedents of the State of Georgia, was entitled to a Moiety of his real estate ---  A moiety of the bounty land due by the U. States, in right of the Services of Joseph Day, dec. is now claimed by the heirs at the Law of Elizabeth Box, dec, who was the Mother, and Devisee, of Sarah M. Day, dec, the Widow of the aforesaid Cat. Joseph Day. dec.

That there are, or are not, other heirs of Capt. Day, existing, is not satisfactorily shown in the evidence addressed, and as the Regulations of the Dept. require that all land warrants should issue for the entire quantity of land due to the Officer or Soldier who performed the Service, and as it is necessary to protect the rights of the other heirs, if any, it is respectfully suggested that a Warrant [illegible] for the quantity of land due in right of Capt. Day, in the following for, Viz.

A.B. & C.D. Sole heirs of Elizabeth Box, dec, Devisee of Sarah M. Day, dec, who was the Widow, and the heir at law to a Moiety of the estate of Joseph Day, dec,. together with the other heirs at law of the said Joseph Day, dec., who was a Captain in the Georgia Continental line, are entitled to 300 acres of land, to ---

By this course, the present applicants will obtain no more than they are justly entitled to, Viz, one half of the land embraced in the
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Warrant to be inforced---; and, in the event of the Revival of the Serife law, which may be looked for with certainty at the Reform of Evergaels, they may obtain certificates, or Script for that quantity.  The residence will, of course, be reserved by Treasury Dept. to satisfy the claim of the other heirs, provided an application on their part should be made for the same.

I have the honor to be 
Very Respectfully Your ob. St.
Wm. Gordon

Hon. B.J. Butler
Secretary of War -- ad interim
Approved
[signed] B.J. Butler
March 11, 1837
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Georgia

In the name of God Amen, I, Sarah Mary Day of the County of Chatham Widow and Relict of Major Joseph Day, late of Ogechee Planter deceased, being sick and weak in Body but of Sound and disposing mind memory and under Standing do make and declare this and this only to be and contains my last Will and Testament in manner and form following, that is to say;

First,
I Will and desire that all my just Debts, funeral charges, and charges of proving this my Will befirst paid.

Item.
I give devise and Bequeath unto my loving and affectionate Mother Elizabeth Box of the aforesaid County of Chatham Widow all that moiety or proportion of Estate which I am entitled unto out of the Estate of my Said deceased Husband Joseph Day be the said real or personal
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of what nature or Kind So ever, To have and to hold the same and every part and parcel thereof unto the said Elizabeth Box her heirs and assigns forever.

And I do by these presents make known and declare my acceptance of a Morety of the Estate of the Said Joseph Day my late Husband under the Constitution and Laws of the State of Georgia in preference to my Dower, and that the same and every part thereof is the Estate herein before mentioned and intended to be devised and Bequeathed unto my Said mother the said Elizabeth Box.

Item.
I give, devise, and Bequeath unto my Said loving and affectionate mother my negro woman named Sylvia and her three children, Amelia a Mulatto Girl, Prince and Tubby a black Boy, and Girl,
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Together with the future issue and increase of the females.

To have and to hold the said negro woman Sylvia, and his said three children Amelia, Prince and Tubby with the future issue and increase of the females unto the Said Elizabeth Box, her heirs and assigned for ever.

Item.
I give devise and bequeath unto my said loving and affectionate Mother Elizabeth Box all the rest Residence and remainder of my Estate both real and personal of what [lined through] nature or Kind soever or whose soever situate, lying or being to her the Said Elizabeth Box her Heirs and assigns for ever.

And lastly, I do hereby nominate my Said loving and affectionate Mother the Said Elizabeth Box Sole Executrix of this my last Will and Testament, hereby revoking all former and other Will or Wills by me at any time heretofore made and declared
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this and this only to be and contain my last Will and Testament.

In Witness Whereof I the said Sarah Mary Day have to this my last will and Testament wrote upon one sheet of paper Subscribed my name and affixed my Seal at Hanok in the County of Chatham this Sixth day of July - in the year of our Lord on thousand seven hundred and ninety Seven.

Signed Sealed published and declared by the within named Sarah May Day the Testatrix as and for her last Will and Testament in the presence ofus, who in his presence at the request and in the presence of each other have Subscribed our names as Witnesses to the due Execution - thereof

[signed] Sarah Davies
[signed] Sarah M. Day
LS
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Mrs: Galphiss
W. John Davies

Georgia
Before me Edward White, Register of Rebates for the County of Chatham in the State aforesaid appeared Mrs. Sarah Davies one of the Subscribing Witnesses to the foregoing Last Will & Testament of Sarah Mary Day late of the Said County Widow deceased who being duly sworn Saith that She was present and did See the Said Tatatrinc sign, Seal, publish and deliver the Same to her and contain his last Will & Testament and that She was of sound mind at the time to the best of this departments [lined through] belief. And that Thomas Galphiss W. John Davies together with the deponent Subscribers their names as witnesses at the request and in the presence of the Tatatrinc and of each other.

[signed] Sara Davies
At [illegible] Time qualified
W Elizabetn Boxe Ex'rine

Sworn to before me this 21 Febry 1799
[signed] Geo. White R.P.C.C.
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State of Georgia Chatham County
Clerk office court of Ordinary

I Robert W Pooler Clerk of the Court of Ordinary for the County of Chatham and State aforesaid do hereby certify that the foregoing is a Correct and True Copy of the Original last Will and Testament of Mrs. Sarah M Day as the Same appears of record and office in Said office.

Given under my hand and the Seal of the Said Court of Ordinary this third day of March Anno Domini Eighteen hundred and thirty six.

Robert W Pooler
[illegible]
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Rev. War Section.
April 1, 1915.

Mr. W. S. White,
9 S. Thornton Ave.,
Dalton, Georgia.
Madam:-
In response to your letter dated the nineteenth ultimo you are advised that from the papers on file in this Bureau, it appears that in 1777, Joseph Day of Ogechee, Georgia, was captain of the Georgia Line, and served until the end of the war, dates of appointment and discharge not stated; that he married in Georgia (date not stated), Sarah Mary Box, the daughter of Philip and Elizabeth Box.
Joseph Day died without issue (date not stated), leaving his widow Sarah Mary Day who made her will July 6, 1797, at Hanok, Chatham County, Georgia, and appointed her mother Elizabeth Box, her Devisee; the date of Sarah's death is not shown but her will was probated February 21, 1799, in Chatham County.
On February 17, 1836, the heirs of Elizabeth Box (date of death not stated), Devisee of Sarah M. Day widow of Captain Joseph Day were: Eliza S. Morel wife of John Morel; Margaret S. Morel widow; Ann F. Ash wife of Charles C. Ash; Thomas N. Box and his wife Charlotte M. Box, Philip M. Box; Maria Folker wife
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James Folkner; and Elizabeth A. Herbert widow.

On March 16, 1837, Warrant numbered 2,175 for three hundred acres of land, issued for the benefit of Eliza Morel and other heirs, on account of the services on the account of the services of the said Captain Joseph Day.

Very respectfully,
GMSaltzgate
Commissioner.
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2175

300 Acres
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Know all Men by these presents that we John Morel and Eliza Morel his wife, Margaret S. Morel, widow, Charles C Ash and Ann F Ash his wife, Thomas  [  ] Bosc and Charlotte M his Wife - Philip M Bosc James Folker and Maria his Wife and Elizabeth A Herback, Widow - 

Do by these presents constrile and appoint William H Todd Esqr of Washington City our true and lawful Attorney - to demand a Military Warrant due to us as heirs at law and representing Joseph Day, formerly of the Army of the American Revolution from the United States, to surrender the same to the Treasury department -  for the same to procure script -  to sell assign or locate the same - as fully to all intents and purposes as it were ever present. And we here by ratify and confirm all and whatsoever our said Attorney do in the promises.

In Witness whereof we have hereto set our hand and seals at Savannah in the State of Georgia this twentyninth day of February one thousand eight hundred and thirty six.

[signed]
John Morel
Eliza L Morel
Margaret L Morel
CC Ashe
Ann F Ash
Thomas Box
Charlotte M Box
Philip M Box
Samuel [illegible]
[illegible]
Elizabeth A Herbert
Signed sealed and delivered in presence of
Joseph Felt J.P.
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State of Georgia County of Chatham -- 
above letter of Attorney personally came before me a Justice of the Peace in and for the County aforesaid John Morel and Eliza his wife, Margaret S Morel, Charles C Ash and Ann F his wife - Thomas Box and Charlotte M his wife, Philip M. Box, James Folker and Maria his Wife, and Elizabeth A. Herbert, and severally acknowledged the same to be their act and deed.

In testimony whereof I have hereto set my hand and seal the day and years aforesaid.


[signed] Joseph Felt, J.P.
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State of Georgia
County of Chaltham

I Robert W Pooler Clerk of the Supreme Court of the County of Chatham do hereby certify that Joseph Felt who hath granted the written certificat of the execution of the officers of the Peace, by lawful authority duly commissioned, in and for the said County - and duly authorized to take acknowledgements of deeds.

In testimony whereof I have hereto by my hand and seal of office at Savannah this twenty third - day of February One thousand eight hundred & thirty six
[signature illegible]
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Mr Todd Esqr.
Washington City D.C.
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[illegible] March 3, 1831

Dear Sirs
Mr [illegible] Jackson. being of opinion that the Heirs of Capt Jos Day are entitled to his real estate Those thought proper to have the papers required, executed which I here enclose you with all Testimony that I have been enabled to procure, and hope you will find them all complete in as much as your direction, has been strictly followed by my attorney R R [illegible] who I have been obliging to employ on account of an accident having occurred to JM Jackson Esqr, which deprived me of his assistance at this time I was about arranging the papers for you --- hoping that they may be attended with [illegible]

I [illegible] Sign
very Respectfully
[signature illegible]

To M JJ [illegible] Esqr
Washington City
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Law of descents of the State of Georgia
Real and Personal estates are considered by the State of Georgia of the same nature and placed on the same footing in regard to descents, only so far as the Widow is concerned --- 

"If there be a Widow and his child. or Representative of children, then the Widow takes a Moiety of the estate, and the other Moiety goes to the Next of Kin of the intestate in equal degrees, and their Representatives. --- 

If there be neither Widow or child or legal Representatives of Children, the whole is to be distributed among the next of Kin, but no Representative is admitted among Collateraly further than the Child or Children of the intestate brothers and Sisters --- 

The Widow by Statute, is obliged within 12 months after the death of her husband to make her election, whatever she will take a child's part of the real estate or her discover ; if she makes as Such elective. it is to be considered as taking her dower -- If she take dower, it is, as in England, a life estate; if she takes as a child's part it is at her disposition by deed or Will ---
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Jan 29 - 1900
warrant # 2175 for 300 acres signed March 16, 1837 to Eliza Morrel & others heirs at law of Elizabeth Box, devisee of Mrs. Sarah Mary Day widow of Capt. Jos Day on [illegible] of Sel. Capt Day service in Ga {illegible] 

[illegible] Feb 17, 1836 - [lined through] Jos Day served as Capt. from 1777 to end of war in 4th Ga, Continental Rgte Col Jno White

No further record of service
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J.S. Thornton Ave., Dalton, Ga. March 19, 1915
Commissioner, Dep
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widow of Cap't. Joseph Day, on account of said Capt. Day's service in the Georgia troops Revolutionary war.

Will you please give me the names of the heirs at large of Elizabeth Box other than Eliza Morrel.

Also will you please tell me if the affidavit made by Sheftall Sheftall in 1836 states date of Capt. Joseph Day's marriage to Mary Box and date of Joseph Day's death.

Will appreciate your kindness in giving me this information.

Yours, W.S. White
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widow
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The National Archives Form VAM-5112-5-41
Division of Veteran's Administration Archives
Bounty Land Warrant Record Card*

Name: Day, Joseph | Grade: Sergeant | Line: Connecticut
Warrant Number: 5702 | Acreage: 100 | Issued: Feb. 5, 1790 | to---not shown---

*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates.  Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800.  Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.