Revolutionary War Pension and Bounty Land Warrant Application File W. 1886, for James Mc Ilvain, New Hampshire
Page 1

[written and typed]
(3-1776)
SERVICE                              NUMBER
N 26     McIlvain, James       W.1886
          or McIlvan
                            Nancy
CONTENTS
Page 2

[written and typed]]
2449
New Hampshire
James McIlvain
of Francestown in the State of N H
who was a Private in the company commanded
by Captain [blank] of the regt commanded
by Col Reed in the N H
line for 9 Mos 19 Days


Inscribed on the Roll of N. H.
at the rate of 31 Dollars 99 Cents per annum,
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 26th day of Nov
1832 and [illegible]
Brown Francestown N H
Arrears to 4th of Sept 1802                    $47.98
Semi=anl. allowance ending 4 Mar 33     15.99
                                                                $63.97

{Revolutionary Claim,}
{Act June 7, 1832.      }

Recorded by I H M Blain Clerk,
Book D.  Vol. 120   Page 170
Page 3

[written and typed]
4811
New Hampshire Concord  S
L. D. Stevens July3d/58
Nancy McIlvain
widow of James
McIlvaine [sic]
who served in the Revolutionary
N H
war, as a Private
Inscribed on the Roll at the rate of 
32 Dollars 99
Cents per annum, to commence on 
the 3d February 1853
Certificate of Pension issued the
25th day of May 1853
and sent to
L. D. Stevens
Concord, N. H.
Recorded on Roll of Pensioners under act
July 29, 1848, Page 18 Vol. A
Page 4

[written]
No 8536-
James McIlvain-

Admitted
9 mos & 19 days

$31.99


Titus Brown
C H Atherton  E
Francestown
N H
Page 5

[form typed and written]

No 8536

BRIEF in the case of James McIlvain.
of Francestown - in the State of New Hampshire.
(Act 7 June, 1832)

1. Was the declaration made before a Court or a Judge?  open court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? [blank]
3. How old is he?  70
4. State his service, as directed in the form annexed.

           Period.           |       Duration of Service.    |
                                  | Years,     Months, Days |about In 1780, July 1 |                  3             19  |
            "  1781 June   |                   6               |   

Rank.   |   Names of General and Field Officers
 As a    |        under whom he served.
Private |   Cap Aiken
  --       |  Cap Cherry  -  Col Reed
5. In what battles was he engaged? none
6. Where did he reside when he entered the service?  Windham, N. H.
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?  Traditionary - one of the witnesses or clergyman
8. Are the papers defective as to form or authentication? and if so, in what respect? correct

I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Sam J Potts
Examining Clerk.
Page 6

[typed and written]

STATE OF NEW-HAMPSHIRE.
County of Hillsborough, SS.
On this 30th day of August A.D. 1832
personally appeared in open Court before the Court of Probate, now sitting at
Francestown within and for the County of Hillsborough, in the State aforesaid,
James McIlvain a resident of the town of
Francestown in said county aged 70 years
Who being duly sworn according to law doth on his oath make the following declaration in order to obtain the
benefit of the act of Congress, passed June 7th, 1832.  That he entered the service of the United States, under
the following named officers, and served as herein stated.  That is to say,
About the first of July 1780 he enlisted for
three months and afterward served said term out in
Capt Aiken's company of N. H. Militia in Col. Bartlett's
regiment. Other officers of the company were Lieut. W. Mur-
phy and Ensign Butler. He was stationed at Westpoint - was standing
sentry at Fort Putnam when he first heard of Ar-
nold's desertion. The south part of the Fort had been
taken down and the guns dismounted. The keys
of the [illegible] were carried away & he helped
break it open to get ammunition. Col. Nichol's reg-
iment was stationed at Robinson's Farm. His term
of service expired on the 19th of October.

In June 1781 he enlisted for six months & afterwards
served out said term in Capt. Cherry's company - Col
George Reid's regiment. He joined the Regiment at Dobbs
Ferry- staid there till Washington went south, then
marched to Peekskill, staid there perhaps two months,
-then marched by way of Westpoint and Albany to 
Saratoga where was Col Tupper's Regiment, remained
there till his time was out and was discharged
 on the 14th day of December.
Page 7

[written and typed]
He was born at the Windham, N.H. Nov. 30 1751.  Has no
record of his age, except a memorandum in his Bible.
When he entered the service he lived in Windham and
since the Revolutionary War has lived in the same place
and for about twenty eight years past in Francestown
N.H. where he now lives. He received at the end of
his six months service a discharge, which he has since 
lost signed by Col Reed.
Hon. Peter Woodbury & Hon. William Bixby are persons to
whom he is known in his present neighborhood who can
testify as to his character for truth & claim belief of his services as to
soldier of the Revolution.
He relinquishes every claim, whatever, to a pension or annuity, whatever, except the present, and declares that
his name is not on the pension roll, of the agency of any State.  Sworn to
and subscribed the day and year aforesaid James McIlvain
Edmund Parker, Judge of Probate
We Moses Bradford a Clergyman residing in the town of Francestown
in the county of Hillsborough aforesaid, and Thomas Fisher residing in
Frances town aforesaid, hereby certify that we are well acquainted with James McIlvain
who has subscribed and sworn to the above, and that we believe him to be 70 years of age, that he is
reputed and believed in the neighborhood where he resides, to have been a soldier in the Revolution, and that we
concur in that opinion.  Sworn and subscribed the day and year aforesaid.  Moses Bradford
Edmund Parker, Judge of Probate  Thomas Fisher
And the said Court do hereby declare their opinion, that after the investigation of the matter, and putting the
interrogatories prescribed by the War Department, that the above names applicant was a Revolutionary Soldier, and
served as he states. And the Court further certifies that it appears to them, that Moses Bradford
who has signed the preceding Certificates is a Clergyman resident in the
town of Francestown and that Thomas Fisher who has signed the same,
is a resident in the town of Francestown and is a credible person, and that their statement
is entitled to credit.  
Edmund Parker {Judge of Probate for said
                          {County of Hillsborough.
I Charles H. Atherton, Register of the court, do hereby certify that the foregoing contains the original
proceedings of the said court, in the matter of the application of James McIlvain
for a pension.
In testimony whereof, I have hereunto set my hand and the seal of said court, this
thirtieth day of August in the year of our Lord one thousand
eight hundred and thirty-two.
C. H. Atherton  Register of Probate, for said county of Hillsborough.
[seal to left obscured]
Page 8

[written]
James McIlvain
8536
Page 9

[typed and written]
STATE OF NEW-HAMPSHIRE
County of Hillsborough, SS.
At the court aforesaid, On the applicationn aforesaid, the following interrogatories were propounded to the
said James McIlvain and the following answers given on oath, to wit:
1. Where, and in what year were you born?
   Answer, at Windham, N. H. Nov. 30, 1761
2. Have you any record of your age, and where is it?
   Answer, There's no record except a memorandum in my Bible
3. Where were you living, when called into service, where have you lived since the Revolutionary War, and where do you now live? 
   Answer, When I entered the service I lived in Windham & since then was in the same place & I for about twenty eight years past in Francestown where I now live
4. How were you called into service, were you drafted, did you volunteer, or were you a substitute, and if a substitute, for whom?           Answer, I enlisted
5. State the names of some of the regular Officers, who were with the troops, where you served, such Continental and Militia Regiments, as you can recollect, and the general circumstances of your service?
   Answer I believe all the particulars within my recollection acquired by this interrogatory are stated in my (foregoing0 Declaration
6. Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?  Answer, I received at the end of my six months
service a discharge which I have lost signed 
by Col. Reed
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a Soldier of the Revolution:
   Answer, Hon. Peter Woodbury & Hon.  William Bixby of Francestown

Certified by C. H. Atherton  Register.
Page 10

[typed and written]
State of New Hampshire.
Secretary's Office, Concord,
July 1st 1858
I hereby certify That, at the date of the annexed
attestations Paul H. Bixby and Samuel B.
Hodge were justices of the peace for the
County of Hillsborough
in the said State, duly commissioned and qualified; and that to their
acts and attestations, as such, full faith and credit are and ought to be given, in and
out of Court.

In testimony whereof, I have hereunto
affixed the seal of  the State, the
date above written.
Thos. L. Tullock
Secretary of State.

[seal at left obscured]

Subscribed & sworn to on the day and year 
above written before me
Saml B Hodge Justice of the Peace.
Page 11

[typed and written]
State of New-hampshire.
HILLSBOROUGH COUNTY, SS.
PROBATE OFFICE, June 28th 1858
I, William Wetherbee Register of probate for said County,
hereby certify, that, at a Court of Probate holden at Francestown
in and for said county, on the fifth day of
April a. D. 1854 Paul H. Bixby
of Francestown in said county,
was duly appointed and commissioned administrator of the estate
of Nancy McIlvain late of said Francestown
deceased intestate

That he has accepted the trust limited to the recovering and disposing of arrears of Pension, 
and given bond pursuant to the Laws of the State; that he re-
mains at the present time administrator as aforesaid, and
that full faith is due to his legal acts in that capacity.
In testimony whereof, I have hereunto set my name and affixed the Seal Official of said
Court, this 28th day of June
A. D., 1858.
William Wetherbee}Register of the Probate 
                         }Court for Hillsborough County.

Subscribed & sworn to on the day and year
above written before me
Saml. B. Hodge Justice of the Peace.
Page 12

[typed and written]
State of New-hampshire.
HILLSBOROUGH COUNTY, SS.      }
PROBATE OFFICE, June 28th 1858 }
I, David Cross Judge of Probate for said County, hereby testify,
that William Wetherbee whose name is subscribed to the foregoing certificate,
is the Register of Probate for said County, duly appointed, commissioned and sworn; and that his
said certificate is in due form.

Given under my hand, this 28th day of
June A. D., 1858.

David Cross  } Judge of the said
                     } Court of Probate.
Page 13

[written]
We the undersigned do testify and say that
we have been acquainted with Nancy 
McAlvin [sic] late of Francestown deceased,
and with her Family many years -- that
she died on the 24th day of October
A. D. 1853, and at the time of her death
she was in the receipt of a Pension
from the United States. She left only
one surviving child whose name
is Nancy Weston who is her sole
heir.
Israel Batchelder
Oliver Harris
Merrick Roper
Caleb Weston

State of New Hampshire
Hillsborough S. S. June 22d 1858
Personally appeared the above named
Israel Batcholde [sic], Oliver Harris
Merrick Roper & Caleb Weston and
made oath that the above
affidavit by them subscribed
is in their belief true
Before me,
Paul H. Bixby Justice of the Peace
Page 14

[written]
State of New Hampshire
County of Hillsborough ss  On this nineteenth
day of June A. D. 1858 before the Sub-
scriber a Justice of the Peace in and for the
County aforesaid personally appeared Paul H.
Bixby and made oath in due form of law
that he is Administrator of the Estate of
Nancy McIlvain late of Francestown deceased 
and that the said deceased at the time
of her death was in receipt of a Pension
from the United States at the rate of Thirty
One Dollars and ninety nine cents under
the second section of the Act of Feb. 30 1853:
that the said Nancy McIlvaine [sic] died in said
Francestown on the twenty fourth day of Oct.
1853, leaving one child only surviving whose
name is Nancy Weston; that he asks for such
arrears of the pension of the said Nancy Mc
Ilvain as may be found due her under any
and all Acts and Resolutions of Congress
applicable to her case: that the Pension Certif-
icate issued to the said deceased was surren-
dered up to the Pension Agent at the time of
drawing the balance of the pension.
Paul H. Bixby
Subscribed & sworn to on the day and year
above written before me
Saml. B. Hodge Justice of the Peace.
Page 15

[written and typed]
State of New Hampshire.
Secretary's Office, Concord,
July 1st 1858
I hereby certify that, at the date of the annexed
attestations Paul H. Bixby and Samuel B.
Hodge were justices of the Peace for the
County of Hillsborough
in the said State, duly commissioned and qualified; and that to their
acts and attestations, as such, full faith and credit are and ought to be given, in and
out of Court.
In testimony whereof, I have hereunto
affixed the seal of the State, the
date above written.
Thos. L. Tullock
Secretary of State.
[seal at left obscured]
Page 16

[written and typed]
State of New-hampshire.
HILLSBOROUGH COUNTY, SS.      }
PROBATE OFFICE, June 28th 1858 }
I, William Wetherbee Register of Probate for said County.
hereby certify, that, at a Court of Probate holden at Francestown
in and for said county, on the fifth day of
April A. D. 1854 Paul H. Bixby
at Francestown in said county,
was duly appointed and commissioned administrator of the estate
of Nancy McIlvain late of said Francestown
deceased intestate
that he has accepted the trust limited to the recovering and disposing of arrears of Pension, and given bond pursuant to the Laws of the State; that he remains at the present time as aforesaid, and that full faith is due to his legal acts in that capacity.
In testimony whereof, I have hereunto set my name and affixed the Seal Official of said 
Court, this 28th day of June
A. D., 1858. 
William Wetherbee} Register of the Probate                    
                        } Court for Hillsborough County.
Page 17

[written and typed]
State of New-hampshire.
HILLSBOROUGH COUNTY, SS.      }
PROBATE OFFICE, June 28th 1858 }
I, David Cross Judge of Probate for said County, hereby testify,
that William Wetherbee whose name is subscribed to the foregoing certificate,
is the Register of Probate for said County, duly appointed, commissioned and sworn; and that his said certificate is in due form.

Given under my hand, this 28th day of
June A. D. 1858.

David Cross  }Judge of the said
                     }Court of Probate.
Page 18

[written]
No. 625
Nancy McIlvain
widow of James 
N H
Act 3 Feb 1833
$31.99 per annum
[illegible] 3 Feb 1853
Page 19

[21wt written and typed]
STATE OF NEW HAMPSHIRE.
Office of Secretary of State.
I, John L. Hadley, Secretary of the State aforesaid,
do hereby certify that William Parker is an acting
Justice of the Court of Common Pleas in and for
the County of Hillsborough duly commissioned and
qualified; that his Commission was dated on the 21st
day of May 1852 and will expire on the 
2d. day of October 1860 and that
his signature to the annexed instrument is genuine.
Given under my hand and the Seal of said State,
this 18th day of March 1853.
John L. Hadley Secretary of State.
Page 20

[written and typed]
State of New Hampshire.
Secretary's Office, Concord.
March 18, 1853.
I hereby certify, That at the date of the annexed
attestations Samuel W. Simpson was a
Justice of the Peace for the county of Rockingham
in the said State, duly commissioned and qualified; and that
to his acts and attestations, as such, full faith and credit are
and ought to be given, in and out of Court.

In testimony whereof, I have hereunto affixed
the Seal of the State, the date above
written.
John L. Hadley
Secretary of State.
Page 21

[written]
State of New Hampshire
County of Hillsborough ss. On this tenth day of
March in the year of our Lord one thousand eight
hundred and fifty three personally appeared before
me William Parker one of the Justices of the Court of
Common Pleas within and for the State and
County aforesaid Nancy McIlvane [sic] a resident of
Francestown in said County aged eighty years
also being duly sworn according to law
doth on her oath make the following declara-
tion in order to obtain the benefit of the 
provisions of the Act of Congress passed February
3d 1853. That she is the widow of James McIlvain
who was a private soldier in the war of the
Revolution and at the time of his death was
in receipt of a Pension from the United States
at the rate of thirty one dollars and ninety nine
cents per Act of June 7th 1832: that she was
married to the said James McIlvane [sic] on the thir-
tieth day of January A. D. 1810: that her name
before her said marriage was Nancy Gregg
that her husband aforesaid died in said
town of Francestown on the tenth day of May in
the year 1850: that her said marriage took
place since January in the year 1800, to wit:
Page 22

[written]
at the time before stated: that She still re-
mains the widow of the said James
McIlvane [sic] and has never applied
for a Pension.
Witness  William Parker  Theo. French, Jr.
Nancy her McIlvane
            X
           mark

Sworn to and subscribed on the day and year first
above written before me. I testify that I believe the
above named declarant to be the identical person
she represents herself to be in the foregoing declaration.
And I further certify that the said declarant is un-
able to appear in open court by reason of bodily in-
firmity.
William Parker One of the Justices of the C. C. Pleas for the County of Hillsboro.
Page 23

[written]
State of Newhampshire
County of Rockingham
Town Clerks office March 12 1853
January the thirtieth on thousand Eight
hundred and ten. Lt James McAlvin [sic]of
Francestown & widow Nancy Gregg of Windham
I certify that the above is a true copy
of the record with the exception of the
date and figures which are expressed in the
record in fair legible characters & figures
as follows
Jany 30 1810  Lt James McAlvin [sic] of
Francestown to Widow Nancy Gregg
 of Windham
Robert Bartley
Town Clerk of Windham
I Robert Bartley above named depose and
say that I held the Office of Town Clerk in the
Town, County, and State aforesaid and that the
above is a true extract from the records
of the said Town of Windham with the
exception above named as certified by me.
Robert Bartley
Town Clerk
Windham
Subscribed and Sworn to before me
on the day and year above written
Saml. W. Simpson  Justice of the Peace
Page 24

[seal illegible]
[written]
State of New Hampshire.
County of Hillsborough, ss.
I Geo. W. Moor, Register of the Court of Probate
within and for said County do hereby certify
that satisfactory evidence has been exhibited
to said court that James McIlvain was a
Pensioner of the United States at the rate of $31.99.
That he was a resident of Francestown in said
County and died in said Francestown on the
Tenth day of May 1830; leaving a widow whose
name is Nancy McIlvain and who still remains
his widow.
In testimony whereof I have hereunto set my
hand and affixed the seal of said Court at 
Amherst this fifteenth day of March in the year
of our Lord 1833.
G. W. Moor
Page 25

[typed form]
WIDOW, &c.
File No. 1886
Nancy McIlvain,
Widow
James McIlvain
Priv. rev. War
Act Feb 3, 1853
Index.--Vol. M,   Page 17
(Arrangement of 1870.)
Page 26

[written]
McIlvain
Page 27

[typed and written]
Brief in the case of Nancy McIlvain
Hillsboro County and State of N. H.
act 3 Feb 1833
Claim, ("original")
Proof exhibited, (if original.)
Is it documentary, traditionary, or supported by rolls? I either, state the substance.
Husband was a pensioner at $31.99 per annum
Record proof of marriage

(If for increase, has additional evidence been filed since the admission of the claim? If so, what?
Page 28

[written]
Concord N H July 2, 1858
Sir,
I herewith forward the application
of Paul H. Bixby Administrtor of the
Estate of Nancy McIvain, deceased, a
 Pensioner under the 2d section of the
Act of Feb 3d 1853, for such arrears
of the pension of said deceased as may
be found due under the Joint
Reolution passed by Congress on the
4th of June last.
I am very respectfully
Your Obt Servt
L. D. Stevens. 
Hon Geo. C. Whitney
Commr of Pensions
Washington
D. C.
Page 29

[typed]
BRIEF objections to the admission of pension claims, of which those
answered in the negative, in red ink, will apply to the claim of
James Mc Ilvain which require further
proof or explanation.
I. Does the declaration show where the applicant resides?  yes
II. Did the declarant make the declaration in the county where he resides?  yes
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?
IV. Has the declarant mentioned the period or periods of the war when he served?  yes
V. Has he mentioned with precision the length of his service, and the different grades in which pension he is entitled?  yes
VI. Has he given the names of the officers under whom he served, in conformity with the regulations?  yes
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?  yes
VIII. Has the Court given their opinion?  yes
IX. Has the Clerk given his certificate?  yes
X. Is the clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?  yes
Page 30

[typed]
2
XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?  yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?  It has been produced
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?  no
XIV. If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility?  no witness produced except traditionary
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?  [blank]
XVI. Are the papers authenticated as the regulations direct?  yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?  [blank]

EXPLANATORY NOTES.

*Quere V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades:  For___ year ____months, and ____days, I served as a  _______
For ______months and _______days, I served as a __________; and for such service I claim a pension."
Page 31

[typed]

3
It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable.

Quere XIV.  Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the affidavits must be properly authenticated, as above directed.

Quere XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.