Revolutionary War Pension and Bounty Land Warrant Application File B. L. Wt. 2092-100, John Butcher, Continental (Penn.)
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SERVICE  Continental (Penn)
Butcher, John
or Bucher
NUMBER
B.L. Wt. 2092-100
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DEPARTMENT OF WAR. 
Regulations for the heirs of Officers and Soldiers of the Revolutionary Army, who were slain by the enemy, or who have died since the war, and have not received land from the United States.   
By an Act of Congress, of the 16th September, 1776, it is provided, that the Officers and Soldiers who engaged for, and continued to serve during the war, or until discharged by Congress, and the heirs of such Officers and Soldiers as shall be slain by the enemy, shall receive land in proportion to their rank. N. B. Those who engaged for three years, or for any other period than during the war, or who died of sickness, fatigue, or casualty, are not entitled to land from the United States.  
The following declaration (and enclosed blank form of heirship) must be filled up and signed by the proper authorities: 
State of Pennsylvania 
County of Beaver } 
I Sarah Butcher heir at law of John Butcher do, upon oath, testify and declare, to the best of my knowledge and belief, that said John Butcher did enlist in 1776, for the term of during the war, and served in the regiment No. the command of Colonel Hazen under that he continued in the service aforesaid during the war line; and I further declare, that I have never received a warrant for the bounty land promised to John Butcher on the part of the United States; nor do I believe that he ever received it, or transferred his claim to it in any manner whatsoever: 
therefore, know all men by these presents, that I, Sarah Butcher hereby constitute and appoint James Leslie, aforesaid, do to be my true and lawful attorney, for me and in my name to demand and receive from the Secretary of War of the United States , a warrant for the quantity of land due to me as aforesaid; and my said attorney is hereby fully authorized and empowered to constitute and appoint one or more substitutes or attorneys under him, for the special purposes above expressed. 
Sarah Butcher 
Attest,
Seth Rigby 
James McClure 
Personally appeared the above named Sarah Butcher subscriber to the foregoing declaration, and in my presence acknowledged the power of attorney thereto subjoined to be her free act and deed, for the purposes therein mentioned the twenty eighth day of June A. D. 1830
Attest, Seth Rigby 
James McClure 
David White Justice of the Peace. 
In testimony that the above written David White authorized to administer oaths, and take acknowledgments, &c., in the State of Pennsylvania the above date, and that his name there subscribed appears to me to be his usual signature, I have her affixed the county seal, and subscribed my name and quality, at Beaver this 7th  day of July 1830 this James Logan C clerk &c
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State of Pennsylvania 
County of Beaver} SS 
Personally appeared before me, the subscriber, a Justice of the Peace, for said County, Sarah Butcher and made oath, in due form of law, that she is the Widow of John Butcher  late a soldier in the Hazens Regiment or regiment of Hasen and that the said John Butcher died the 19 day of May 1813, without leaving a child.
Sworn and subscribed before me, this 28. day of June 1830
David White JP}  Sarah Butcher her mark. 
Personally appeared before me, the subscriber, a Justice of the Peace for the aforesaid County, Jeremiah Banin and Seth Rigby credible and disinterested witnesses, and made oath in due form of law, that they are acquainted with the above mentioned Sarah Butcher, and that she is the reputed Widow of John Butcher who died without leaving a child. 
Sworn and subscribed before me, this 28 day of June 1830 
David White J. P.
Jeremiah Banin his mark 
Seth Rigby 
If the person died without leaving a widow, child, father, mother, brother or sister, &c it must be so stated.
I James Logan certify, that Clerk of the County Court, do that David White before whom the above Affidavits were taken, was at the time a Justice of the Peace for said County. Given under my hand and Seal of Office, this 7th day of July 1830 
The above form will answer for the following States: viz. Pennsylvania, Delaware, Maryland, and North Carolina.
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Letters Testimentary to
James Lesslie and James McKee – Executors of the last Will & Testament of John Butcher, dec’d
with a copy of the Wills
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Beaver County ss
By the Tenor of these presents, I Samuel Lawrence Register for the probate of Wills and granting Letters of Administration in and for the said County in the Commonwealth of Pennsylvania, Do certify and make known unto all men, that on the day of the date hereof, was proved approved, & insinuated the last will and Testament of John Butcher late of Beaver County deceased a true copy whereof is to these presents annexed, having whilst he lived and at the time of his death divers goods, chattles, rights and credits, within the said Commonwealth, by reason whereof the approbation and insinuation of the last will and Testament and the committing the administration  of all and singular the Goods, Chattles, Rights & Credits which were of the said deceased and also auditing the accounts calculations and reckonings of the said Administration and a final dismission from the same, to me are manifestly known to belong, and that Administration of all and singular the goods, Chattles, rights & credits, of the said deceased, any way concerning his last will and Testament, was committed to James Lesslie and James McKee Executors in the said Testament named; they having first been duly qualified, well and truely to Administer the Goods, Chattles, Rights and credits of the said deceased, and make a true and perfect Inventory thereof, and exhibit the same into the Registers Office at Beaver, on or before the nineteenth day of June next, and to render a true and just account calculation
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and reckoning of a Administration on or before the nineteenth day of May one thousand eight hundred and fourteen or when thereunto lawfully required.  
In Testimony whereof I have hereunto set my hand and affixed the seal of said Office at Beaver the nineteenth day of May in the year of our Lord one thousand eight hundred and thirteen, and of the Commonwealth the thirty seventh 
Saml Lawrence Reg’r 
Copy of the last Will and Testament of John Butcher deceased 
In the name of God Amen, 
I John Bucher of the County of Beaver and Township of Shenango and State of Pennsylvania being sick and in low condition of health but blessed with sound mind and memory, and calling to mind the mortality of all flesh do make this my last will and Testament in manner following, viz, first of all I bequeath my body to the earth to be decently interred and my soul to god who gave it in hopes he will raise it up at the last day, 
Item it is my will and I do order that all my just debts and funeral expences be duly paid and satisfied as soon as conveniently can be after my decease 
Item I give and bequeath unto my adopted daughter Polly Squires fifty dollars at the age of twenty failing in her before the age of
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twenty my wifes or her heirs shall get my dollars, 
Item I give and bequeath unto my Dear wife Sally Bucher all that I possess (after said fifty dollars), with my Plantations good and Chattles and messuage and all property whatever- 
I order that if my wife or myself be called from time to Eternity before said Polly Squires comes to age that James Lesslie may take her into his family and see that she may receive what is mentioned in my will and Indenture that I have on her, 
I hereby appoint James Lesslie and James McKee my lawfull Executors and I do hereby acknowledge all other will and Testaments null and void, 
I Testimony as my last will I do set my hand & seal in witness present this eighteenth of March one thousand eight hundred and twelve 
John Butcher [seal]
Witness
William Thompson 
Moses Miller 
Beaver County SS
I  Samuel Lawrence Register for the probate of Wills and granting Letters of Administration in and for said County Do Certify that the foregoing is a true Copy of the last Will and Testament of John Butcher duely proved and Registered in my office, 
In Testimony whereof I have hereunto set my hand and affixed the seal of said Office at Beaver the nineteenth day of May in the year of our Lord one thousand eight hundred and thirteen 
Saml Lawrence Reg
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Rev. and 1812 Wars Section 
AWF:MLB  
OWN
B. L. Wt. 2092 - 100 
John Butcher or Bucher 
October 11, 1930
A. Pauline Sanders 
Seton Hill College 
Greensburg, Pennsylvania 
Dear Madam: 
You are advised that it appears from the Revolutionary War records of this bureau that John Butcher or Bucher enlisted in 1776 and was a private in Colonel Hazen's regiment and served until the close of the war.  
In 1812 he was residing in the ago, Beaver County, Pennsylvania.  
He died May 19, 1813 without leaving a child. His widow Sarah in 1830 was living in Beaver County, Pennsylvania and was allowed bounty land in full satisfaction for service rendered. 
The soldier's adopted daughter, Polly Squires was referred to.  
Very truly yours 
E. W. MORGAN 
Acting Commissioner
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Hon’e John Gilmore
May 7” 1830
#2092
New
Revolutionary
Record p. 49 Vol 9
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H. R. 
May 7th 1830 
Sir
Please let me know whether John Butcher is entitled to bounty land he served to the and the Penn’a line perhaps 6th Regiment – I enclose a Certificate to then that he was entitled to lands [unreadable] 
House of Reps
Jno Gilmore
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H. R. 
Wm. Gordon Esquire
Bounty Land Office
War Dept
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War Dept Bounty Land Office 
May 7th 1830 
The Hon’l Jno Gilmore
Sir
Yours of this mornings date, enclosing a communication from the Secretary of the Treasury, to you, wherein it is stated that “the name of John Butcher is returned on a list in the Treasury Depar’t, as entitled to Bounty Land from the U. States”, is received. 
From an examination of the list above referred to, it appears, the name of John Butcher was returned at the close of the War, as a Private of Hazens Regiment, which Regiment was independent of all others of the Penna line, and not returned on our Revolutionary Records, as particularly attached to that line, although composed in a great degree, of Citizen of Pennsylvania - The Records of Hazens Regt on file in this office, likewise show the name of John Butcher among those entitled to Bounty Land. It now remains for the applicants to prove that they are the legal heirs of the John Butcher, here referred to, for which purpose, I herewith send you “Regulations” proper for them to comply with - I must here take occasion to remark that, when the application was first made, by your letter of the 17th March last, in relation to this claim, the spelling used in the papers in reference to the name of the soldier, was "Bucher" this, you will perceive, is different from the spelling on our records as will as those of Penna and renders it somewhat questionable whether the ancestor of the present applicants, can be identified with John Butcher of Hazens Regt – 
I herewith return you the letter from the Secretary of the Treasury and have the honor &c 
Wm Gordon
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Harrisburgh Feby 18th 1835  
Honble Jno Banks 
You were good enough to inform me a few days ago that the difficulties in the way of admitting the claim of the widow of John Butcher late a Private in the Army of the Revolution, were removed, and that the necessary papers would be forwarded when desired. for your attention to this and other cases, please accept my thanks. – 
Will you have the goodness to forward the papers to me when convenient?  
You mention that the petition of Hosea King was reported unfavourably upon, and that you would send me a copy of the report when printed. It will be thankfully rec’d – 
I am very respectfully Your's &c 
J. Pollock 
Wm Gordon Esq 
Please issue the warant above alluded to Joseph Pollack – Harrisburg Penna.   The papers were sent to you [unreadable] 
Yours Jno Banks House of Reps March 3, 1835
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War Dept Bounty Land Office July 21st 1830 
Sir
Yours of the 15th Inst enclosing the evidence in support of the claim for Bounty Land, by Sarah Butcher, Widow of John Butcher, deceased who was a Private of Hazens Regt in the war of the Revolution is Received.   In reply I have remark that, according to the law of descents of the State of Penn the fee simple right to the real Estate of an intestate, cannot revert to his widow; the extent of the rights of a widow to real Estate, under any known provision in the laws in question, are thus defined, viz. "If there be a widow she takes if there be lineal descendants one third, if in lineal descendants one half of the Estate during her life, and this is said not to be as dower at common law, but under the Statute of distribution and in lieu and satisfaction of such dowery. The claim in the present case being for Real Estate, and the laws of Pennsylv’a limiting the right of the claimant to but a moiety of the intestates Estate, and that only during her life, it is not perceived in what May this Department would be justified in granting a Land Warrant to an individual thus circumstanced, who could have authority to dispose of more than a life interest in it - I have also to remark that the proof of heirship submitted in this case, by no means establishes the fact that Sarah Butcher is the only surviving her of her late husband; by reference to her own affidavit it will appear the only stated that she is the Widow and heir at law, (not the only heir at law, and it will be also be perceived by reference to the affidavits of Jeremiah Barron and Seth Rigby, that they merely state “She is the reputed widow of John Butcher, who died without having a child” instead therefore of proving she is the sole surviving heir, the tenor of those several affidavits, lead forcibly to the belief that there are other heirs existing, the remotest of whom would have a stronger claim, under the laws before referred to, than the present applicant; it being laid down in the Statute that, "If there be no lineal descendant, nor father, nor mother, sisters or brothers of the whole or half blood, or issue of such sisters or brothers, the inheritance descends to and is divided among
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the next of Kin of equal degree of or unto the intestate, and if any such kindred be dead their issue represents them.” - In an authority now before me, it is said, "in all cases of descents not particularly provided for by the statutes, the common law is to govern, but this is not by statutory provision, but by judicial decision.”  It would appear therefore to be required of the present claimant, to show to the satisfaction of a Court of Law, the fact of the entire extinction of all the other heirs of the intestate, in which decision at common law might probably invest her with the sole right- In the event of the existence of any lawful heir or heirs, of the intestate, in which event to decision at common law might probably invest her with the sole right.  
In the event of the existence of any lawful heirs of the intestate, I would suggest the expediency of renewing the application in their names, they would doubtless unite in rendering light a service to the aged widow of a deceased Soldier, and convey to her all the benefits to be derived from the claim, under the existing circumstances of this case and for the reasons assigned in the foregoing, I am constrained to suspend a decision upon it until I learn from you whether there has been any modification in the law of descent of the State of Penna, affecting the claim in question, or whether I am in error in the construction I have placed upon those before referred to.  The papers are herewith returned.  
I have the honor &c
Wm Gordon
Hon Jno Gilmore Butler – Penn’a
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Hon Jno Gilmore July 21, 1830
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Butler July 15th 1830 
Dr Sir
I inclose the Power of Atty and Testimony taken in behalf of Sarah Butcher wife of John  Butcher soldier in Hazens Regt for the purpose of enabling her to obtain a warrant for his bounty lands Leslie is the Attorney at the Warrant may be rewarded to me 
Very Respectfully 
Your Obt Svt
Jno Gilmore
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State Capitol March 18 1835
William Gordon Esqr 
I have to acknowledge the receipt of Military Land Warrant No. 2092 in favour of Sarah Butcher, forwarded to me for her use by request of Honble Jno Banks 
very respectfully &c 
J Pollock
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Rec’d Jan 27, 1835
From the 
Hon’e Jno Banks
claim in the right of Jno Butcher dec’d.
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Mr Gordon 
It will be in by the will of John Butcher that he did not die intestate but divides all that he possessed (except $50) with his plantation goods and chattels and possessions and all proper by whatever to his wife 
Yours &c
Jno Banks
July 26, 1835
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I herewith return the papers I have no doubt that she is the widow and that her husband died without issue.
Yours very Respectfully 
Jno Gilmore
Wm Gordon Esqr
Butler Aug 4th 1830 
Dr. Sir
I rec’d your letter on the subject of Sarah Butcher claim to Bounty land in right of her deceased husband.  You have correctly cited an law of decents and the Construction given thereto where the property is absolutely vested perhaps a distinction might be been a vested right and Donation to land which was not able to transfer until surveyed & laid off – I refer you to the case of Hoyt v. Mitchell  4th Birrney’s Report page 89 which bears some Analogy to this -  at all events I think the land might be granted to Sarah Butcher widow of John Butcher in trust  - You [unreadable]  and all the legal heirs of the case?”
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HARRISBURGH PA FEB 20
FREE  
John Banks
H. R. 
Washington City
Rec’d Mar 4 1835
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John Butcher
No. 2092
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Seton Hill College Greensburg, Pa 
September 25, 1930 
U. S. Commissioner of Pensions
U. S. PENSION OFFICE SEP 27 1930
Washington, D.C. 
My dear Sir 
Please send any information concerning pension granted to John, George, Ben James Samuel Book or Bucher soldiers in the American Revolution.
Enlistments were in Lancaster County. I am not certain where they were mustered out – John later lived at Selinsgrove and
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in what was then Huntingdon but is now Blair County.  
I am interested in pension grants when granted and to whom and where.
I shall be very grateful for copies of certificates or amy information you can give me 
Very truly A. Pauline Sanders
U. S. PENSION OFFICE SEP 27 1930