Revolutionary War Pension and Bounty Land Warrant Application File W. 16354, for Martin Nestle, New York
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(3-1776)
SERVICE: New York
Nestle or Nestell, Martin [&] Catharine
NUMBER: W.16354
CONTENTS: [blank]
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New-York (A) 2122
Catharine Nestell, widow of Martin Nestell, dead. who died on the 27th of July, 1827; of Cayuga Co. in the State of New-York who was a Matross in the company commanded by Captain --- of the regt commanded by Col. Lamb in the N. York line for 2 years. Matross. N.Y. 

Let to Hon. JR Poinsett June 27 1838

Paid at [?] under act 6 April 1838 from 4 Sept 1843 to 23 Jany 1844. Agent notified 7 April 1845.
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18,904
New York
Martin Nestle
Openheim in the state of New York who was a private in the Regiment commanded by Colonel Lamb of the New York Artillery for the term of 3 years - war.
Inscribed on the Roll of New York at the rate of 8 dollars per month, to commence on the 16th of February 1821.

Certificate of Pension issued the 28 of March 1821 and sent to William McCarthy Esq. Johnstown New York.
Arrears to 4th of March 1821. 13/28 & 4/31 $4.74
Semi-anl all'ce ending 4 Sept 1821  48.2

$$52.74

Revolutionary Claim
acts 18th March 1818
and first of May 1820

Dead. See letter to C. Storm April 19 1830. See do to the Alb. Agt July 8 1831.
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Martin Nestle

Found on Col Lamb's roll Correct -
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State of New York
Montgomery County

On this sixteenth day of February 1821 personally appeared in open court being a court of record called a court of common pleas of the said county of Montgomery and having by the constitution and law of the said state common law jurisdiction and possessed of the power of fine and imprisonment Martin Nestle aged about sixty one years being resident in the town of Oppenheim in the county of Montgomery aforesaid who being first duly sworn according to law doth on his oath declare that he enlisted in to the United States service in the war of the Revolution on the Continental Establishment sometime in the summer or fall of the year 1781 at a place called Stone Arabia in the town of Palatine in the county & state aforesaid that he enlisted into the service as aforesaid for & during the war in a company commanded by one Captain Flemmings and which belonged to a New York Regiment of artillery under the command of one Colonel Lamb that he served in the said regiment as a private soldier against the common enemy from the time of his said enlistment until the end of the said war of the Revolution and that he received his discharge in writing from the said service at Stony Point on the Hudson River about thirty six miles north of the City of New York sometime in the summer or fall of the year 1783 that the discharge of this deponent which he received from the said service as aforesaid was some years ago left with one Foot Speaker [?] in said town of Palatine whose dwelling house has since been consumed by fire and
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probably said discharge with it for search has since been made for it amonth the papers of the said foot speaker [?] and it could not be found. that this deponent can not service said discharge not having it in his power or posessions and believing it to be lost or destroyed and that he has no other written evidence in his power of his said services, that he was in the battle of Johnstown while in the service. And I Martin Nestle do solemnly swear that I was a resident citizen of the United States on the eighteenth day of March one thousand eight hundred and eighteen and that I have not since that time by gift sale or in any manner whatever disposed of my property or any part thereof with intent thereby to diminish it as to bring myself within the provisions of an act of congress entitled an act to provide for certain persons of the United States in the revolutionary war before the eighteenth day of March one thousand eight hundred and eighteen and that I have not nor has any person in trust for me any property or securities contracts or debts due to me nor have I any income other than what is contained in the schedule hereto annexed and by me subscribed that I am poor & in reduced circumstances in life not having any property except my earning[?] and have little furniture & that my family & myself sometimes suffer for the want of provisions & clothing and that I actually need the assistance of my country for support that the foregoing declaration and oath is made in order to obtain the benefits of an act of congress entitled an act to produce
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for certain persons [?] in the land & naval service of the United State in the Revolutionary War. 
Martin Nestle

Subscribed sworn to and declared in the open court the 16th day of February 1821.

Jn McCarthy Clerk

The following is the schedule for the property of Martin Nestle to wit. One pot one [?], eleven plates, seven teacups and saucers, four spoons, six knives & forks, one table, one pack and one old bed & bedding. Real estate I have none.  
Martin Nestle

State of New York
Montgomery County

On this sixteenth day of February 1821 personally appeared in open court being a court of record Peter Wormuth aged about sixty three years being residents in the town of Johnstown in the county aforesaid who being first duly sworn according to law doth on his oath declare that he this deponent enlisted in the service of the United States in the Revolutionary War on the Continental [?] himself sometimes in the winter of spring of the year 1782 in a company commanded by one Captain Flemming in a New York regiment of Artillery under the command of Colonel Lamb that further this deponent enlisted as aforesaid Martin Nestle the same person maintained in & who made the foregoing oath or declaration and with whom he was well acquainted belonged to and was a private in said company under the command of said Captain Flemmings and remained and [?] in the said service of the United States as a private soldier until the end of the war and was discharged from said service.
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sometimes in the summers of fall (as the deponent thinks of the year 1783

Peter Wormuth
his X mark

Sworn to & declared in open court this 16th day of February 1821. 
Jn McCarthy clerk

I John McCarthy clerk of the court of common pleas in & for the county of Montgomery in the state of New York do hereby certify that the foregoing declarations and the schedule are truly copied from the records oft he said court. And I do further certify that it is the opinion of the said court that the exact amount in value of the property exhibited in the aforesaid schedule is ten dollars in [?] whereof I have hereunto set my hand and affixed the seal of the said court this 16th day of February 1821. 
Jn McCarthy

Martin Nestle
found on Col. Lamb's roll Correct -
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M1286
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State of new York
County of Cayuga 

On this twenty seventh day of 1838 personally appeared before Augustus F . Ferris, one of the judges of the Court of Common Pleas of the county of Cayuga, Catharine Nestell a resident of the town of Brutus in the County of Cayuga & state of New York who being first duly sworn according to law doth on her oath make the following supplementary declaration in order to obtain the benefit of the provision made by the act of Congress passed July 4th 1836.  That she is the widow of Martin Nestell that he was a matross in Colonel Lamb's regiment of artillery in the revolutionary war, that he enlisted in August 1776, in Captain Fleming's company in said regiment at which time he resided in Stone Arabia Johnstown, State of New York, that said regiment was under general Henry Knox, & that he served from that time during the war & that the period of leaving the service was at its close, that immediately following his said enlistment he reported to New York. That after the marriage between this deponent & said Martin Nestell which took place in the month of October 1778 said Martin Nestle, he said [?] was in the battle at Oriskany, NY in another at Johnstown NY against Burgoyne & in another in Johnston on the Mohawk, all under the same officer as mentioned at his said enlistment; that at the time of their marriage as a [?] said Martin Nestell was stationed at fort Plain on the Mohawk, that the precise dates of said battles she cannot now remember. 

Catharine Nestell
her X mark

Sworn to & subscribed on the day & year above written. And I further certify that the said declarant Catharine Nestell by reason of bodily infirmity is unable to attend court, there to make her said declaration. 
This was obtained in the 9th [?] top in the hand before signing. 
Augustus F. Ferris one of the judges of Cayuga County Courts
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State of New York
Cayuga County

I Wm Richardson Clerk of the County of Cayuga in the state aforesaid & of the county court thereof do hereby certify that August F. Ferris is a judge of a court of record in & for said county duly commissioned & qualified & that all of his said signature above written are genuine.
Given under my hand & the seal of the said county this 30th day of May 1838. 
Wm Richardson clerk
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V 1218
Catharine Nestell
Pension Papers

2 years [?]
100$
no deduction

H. Millerd 
Auburn 
N. Y.
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State of New York
County of Cayuga
Town of Brutus

On this eleventh day of April eighteen hundred and thirty seven personally appeared before the Honorable Augustus F. Ferris one of the Judges of the Court of Common Pleas of the county of Cayuga aforesaid Catharine Nestell a resident of said town of Brutus, County & State aforesaid aged eighty three years, she being first on oath 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 4th 1836. That she is the widow of Martin Nestell who was a "Matross in the New York Regiment of Artillery commanded by Col. John Lamb, in Capt. Fleming's Company" and that said Martin Nestell served during the war having himself drawn a pension for some years previous to his death. She further declares that she was married to the said Martin Nestell in the month of October in the year seventeen hundred and seventy eight, that she resided in the town of Johnstown Montgomery County in the State of New York, and that the Clergyman who officiated at the marriage was called Dominic Peak and she never heard him called by any other name, that her husband the aforesaid Martin Nestell died on the 27th day of July 1827 and that she has remained a widow ever since that period as well more fully appear by reference to the proof hereto annexed. Subscribed and sworn to before me on the day & year first above written.

Catharine Nestle
her X mark

Augustus F. Ferris one of the Judges of Cayuga County Courts
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State of New York
Cayuga County
On this 11th day of April 1837 personally appeared before me Augustus F. Ferris Esquire one of the judges of the court of common pleas of the county of Cayuga Henry A. Zeller aged seventy six and Nancy Zeller aged seventy three both to me personally known who depose and say each for himself and herself that they were personally acquainted with Martin Nestell & Catharine Nestell his wife, and that they are personally knowing to the marriage of the said Martin & Catharine and that they the said Martin & Catharine were married in the town of Johnstown Montgomery County & State of New York by Dominic Peck who was a Clergyman and officiated at said marriage and these deponents further say that the said Catharine Nestell has remained the widow of the said Martin Nestell and unmarried since his decease in 1827 and further deponent say not. 
Henry A Zeller 
his X mark
Nancy Zeller
her X mark

Sworn & subscribed before me this 11th day of April 1837
Augustus F Ferris one of the judges of Cayuga County Courts 

Cayuga County
I Augustus F Ferris one of the judges of the Court of Common Pleas of the County of Cayuga before whom the foregoing statement and affidavit was made and taken do hereby certify that I believe Catharine Nestell who made the foregoing statement unable on account of bodily infirmity to appear in and before a Court of Record to make said declaration and statement and is prevented from so doing by such infirmity and I do further certify that the said Catharine Nestell & the said Henry A Zeller & Nancy Zeller are each and every of them to me known as persons reputable & of credibility & I do verily believe them to be persons of credibility. Witness my hand this eleventh day of April 1834.
Augustus F. Ferris one of the judges of Cayuga County
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State of New York
Cayuga County 
Clerks Office

I Benjamin F. Hall Deputy Clerk of Cayuga County in the State of New York do hereby certify that Augustus F. Ferris Esquire before whom the foregoing statements and affidavits were made and who made the certificate purporting to have been made by him was at the time of taking said affidavit statement & marking said certificate a judge of the Court of Common Pleas of said county duly commissioned sworn and authorized to take the same, that said court is a court of record in said county, and further that I am well acquainted with the hand writing of said judge and verily believe his signature to said statement to be in his own proper hand writing and genuine.  
Given under my hand and the seal of the court of common pleas for said county this fourteenth day of April eighteen hundred and thirty seven.
B. F. Hall  Dep. Clk
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TREASURY DEPARTMENT
SECOND COMPTROLLERS OFFICE
September 5th 1845

Sir:
Under the act of the 6th of April, 1838, entitled "An Act directing the transfer of money remaining unclaimed by certain Pensioners and authorizing the payment of the same at the Treasury of the United States," and the third section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the pensions agents, the children of Catharine Nestell and a pensioner on the roll of the Albany NY Agency, at the rate of one hundred dollars and -- cents per annum, under the law of the 4th July 1836 has been pain at this Department from the 4th of Sept. 1843 to the 23rd January 1844. 
Respectfully yours, 
Albion K Parris 
Comptroller

To the commissioner of pensions,
present
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V 
New York
Catherine Nestell
[?]
Set to claimant
Feb 24, 1837
W m. J Cornell 11 May 1837
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Martin Nestle NY Albany Act 1818 when last pd? 
11 June 38
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Rev WIDOW & c. 

File No. 16354
Catharine Nestell
Widow of
Martin Nestell
[?] Rev War
Act July 4th 36
Index Vol M page 81

Arrangement of 1870
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To the Hon. Secretary of War Washington DC

Weedsport NY 

Catherine Nestell
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Catherine Nestell

to the hon. Secretary of War Washington DC
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To the honorable Secretary of War
Sir I am under the necessity of troubling you once more by sending you the affidavits of my self and the A. Sellar are wife hoping that you will fell interested in my poor situation and see that an equivalent may be sent to me for my support for I am in a destitute situation but I cannot dismiss this subject without expressing my gratitude to government for giving something to the widows of the soldiers of the war of the Revolution and please sir to present my thanks to both houses of Congress for their interest they have taken in my behalf.
Yours with respect 
Weedsport Cayuga NY
If Campbell the Secretary at Albany has certified in a letter to me that Martin Nestell has served during the war as [?] on the records of Revolutionary soldiers.

Catherine Nestell
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M1286 June 7 38
Nestle
Pension Office NY

Hon. The
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Auburn, N.Y. May 30th 1838

Sir,
Enclosed I transmit you the supplementary declaration of Catharine Nestle, together with other affidavits in further support of her application for a pension as widow of Martin Nestle, deceased, and to supply the requirements contained in a letter of [?] Edwards of the 11th May 1837. 
The [?] to furnish these documents has [?] from her subsequent [?]

More respectfully 
yours
H. Millerd Atty for said applicant 

Hon. The Secretary of War
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C960
8 May 1837
Pension Office

NY
4 July 36
3d Sec.

May 2

Hon. Joel
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Weedsport N.Y.
May 2

Hon. Joel R. Poinsett
Secretary of War Dept.
Washington City
D. C.
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Weedsport May 1st 1837

Dear Sir

Enclosed are the petition and other papers of Catharine Nestle the widow of Martin Nestle deceased who deems herself entitled to the benefit of the Act of Congress of July 4, 1836. Her situation being one of need attention early as consistent is respectfully solicited.  
Please direct any communication which may be necessary to this subject to me at this place as I am acting in her behalf she being unable to be about and
Oblige yours
Respectfully
Wm. J Cornwell