Revolutionary War Pension and Bounty Land Warrant Application File W. 26501, for Henry Penney, South Carolina
Page 1

(3 - 1776)
SERVICE 
S. C    
Penney, Henry    
Mary
NUMBER
W. 26501
--------------------------
CONTENTS
Page 2

5439
Ohio Cinc =

Mary Penney - decd
widow of
Henry Penny
SC
who served in the Revolutionary 
war, as a private

Inscribed on the Roll at the rate
of 80 - dollars -
cents per annum, to commence on
the 3d February, 1853. & ending
20th December 1853

Certificate of Pension issued
16th day of August 1853
and sent to
W.C. Best
Greenville
Ohio 

Recorded on Roll of Pensioners under act
uary 3, 1853, Page 167 Vol
Page 3

Ohio 22.442.

Henry Penney
of Miami Co in the State of Ohio
who was a Private in the Co commanded
by Captain Avery of the Regt commanded
by Col Brannin in the South Car
line for two years

Inscribed on the Roll of Ohio
at the rate of 80 Dollars 00 Cents per annum
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 1. day of Nov.
1833 and sent to G
Felford Tray Meane Co Ohio

Arrears to the 4th of Sept 1833 - 200
Semi-anl. allowance ending [illegible] 36 - 40
$240

Revolutionary Claim,
Act June 7, 1832.

Recorded by Wm R. Palmer Clerk,
Book 7 Vol. 8 Page 20.
P
Vol. Page 20,

Set to W. C. Best, July 21, /54
Page 4

The State of Ohio Miami County 
On this seventh day of August in the year of our Lord one
thousand Eight hundred and fifty five, personally appeared before
the Probate Court within and for said County of Miami and State 
of Ohio, John Penny a resident of said County of Miami and State 
of Ohio, aged seventy five years, who being first duly sworn
according to law, doth on his oath make the following decla
-ration, in order to obtain the benefits of the provisions made
by the act of Congress passed on the third of February AD. 1853
granting pensions to widows of persons who served during 
the Revolutionary war. That he is the Administrator on the
Estate of Mary Penny the widow of Henry Penny deceased
who was a Revolutionary Pensioner, and served in said
war as will appear from his original papers. He further
declares that she the said Mary Penny was married to the
said Henry Penny on the 13th day of October A.D. Eighteen
hundred and thirty one, and that her said Husband, Henry
Penny died on the 16th day of April A.D. one thousand eight
hundred and forty one, that she was not married to the said
Henry Pening prior to the second of January A.D. One thousand
eight hundred, but at the time above stated; and as
Administrator he claims the Pension due the said Mary Penny
widow of the said Henry Penny deceased under said act of
the 3d of February A.D. 1883

John Penny

The State of Ohio Marion County
I Joseph Pearson Judge and Clerk of the Probate Court within
and for the County aforesaid do hereby certify that the above
declaration was subscribed and sworn to before me in open
Court and that the said that the said John Penny who signed the above declar
-ration is the identical person which he  represents himself to be.

In testimony whereof I have hereto subscribed my
name and affixed the seal of said Court at Prog
this 7th day of August A.D. 1853
Joseph Pearson Probate Judge
Page 5

The State of Ohio Miami County

I, Joseph Pearson Judge and Clerk of the Probate
Court within and for the County and State aforesaid do
hereby certify, that on the fifth day of August A.D. 1854
John Penny was appointed Administrator on the Estate
of Mary Perry deceased, by said Probate Court, that he
gave bonds in the sum of two hundred dollars with
Thomas McCool and Elijah Hunt as his sureties, condi
-tioned for the faithfull discharge of his duties as Adminis
tion on said estate according to law, and that the sureties
on said Bond are perfectly good and responsible for the
amount of the penalty in said Bond

In testimony whereof I have hereunto subscribed
my name and affixed the seal of said Court
at Troy this 7th day of August A.D. 1885
Joseph Pearson, Probate Judge
Page 6

State of Ohio
Miami County

On this tenth day of August in the year
one thousand Eight Hundred & thirty three, personally appear
ed in open Court, before the Hon. George B. Holt Presid-
ent & his associate Judges of the Court of Common Pleas
of Miami County & State of Ohio now in session, Henry
Penny a resident of Union Township of the Cou-
nty & State afforesaid, aged 77 years, who being
first duly sworn according to Law doth on his
oath make & subscribe the following Declarati-
-on in order to obtain the benefit of the act of Con-
- gress passed June seventh in the year one thou-
sand Eight Hundred & thirty-two

That he is a native of North Carolina, but remov-
ed from that State to South Carolina when quite you-
ng where he continued to reside in Union County
till about the year 1804 - that he entered the serv-
ice of the United States some time in the year
1778 under Capt. Averry, Maj. Jolly & Col Bra-
-nnin & continued in the service three or four
months; that shortly afterwards he again vol-
unteered & served under the same officers;
Through several different terms his memory
is so bad that he cannot recollect either the
times at which he entered or the periods or terms
during which he served - but that he is sure
he was in the service more than two years as
volunteer; that he was engaged in sev-
eral Battles, in one at the Eutaw Spring, where
the Enemy were at first driven from their works,
but having received reinforcement retook them;
that he was engaged in the Battle of the Cowpens; that
he was present at the siege of Ninety-Six; & also when
Charleston was vacated. After the vacation of Charles-
ton the Tories commenced burning Mills, & destroying
the lives & property of those who favored Americ-
an Independance, when Capt. Avery enlisted a
Company of Rangers for a term of six months
he enlisted & served under him during that term,
that in the year 1804 or thereabouts he left the State 
of South Carolina & went to Kentucky where he resid-
ed nine or ten years, Thence he moved to Union
township of Miami County & State of Ohio where
he has resided ever since; that he has no Documentary
Evidence of his services; that he has no record of
his age; that he knows of no person other than
Ezekiel Farmer whose testimony he can procure
Page 7

who can testify to his service; that he hereby relinq
uishes every claim whatever to a pension or
annuity except the present & declares that his
name is not on the pension roll of the
agency of any State.

Sworn to & subscribed in open
Court on the 10th day of August
in the year one thousand Eight
Hundred & thirty three

Henry Penny

John G. Telford Clerk


State of Ohio
Miami County 

Court of Common Pleas
August Term 1833

Personally appeared in open Court
Ezekiel Farmer a resident of the County &
State afforesaid, who first being duly sworn
according to Law deposeth & saith that he
has been acquainted with Henry Penny who
has subscribed & sworn to the above declaration
from the time he was a young man; that he
knows of his having served as a volunteer for
some time during the Revolutionary War, but
he cannot say how long; that this deponant
served with the said Henry Penny at the siege of
Ninety Six & at the time the Brittish vacated
Charleston, & afterwards as a Ranger; & that
he believes the foregoing Declaration made by
the said Henry Penny to be substantially corr-
ect

Sworn to & subscribed in open
Court on the 10th day of August
in the year one thousand Eight
Hundred & thirty three

Ezekiel Farmer

John G Telford
Clerk
Page 8

W. Amos Alexander, a Clergyman residing in Union
Township of Miami County & State of Ohio & Ezekiel
Farmer residing in the Township of Union
of the County & State afforesaid hereby certify, that we
are well acquainted with Henry Penny who has
subscribed & sworn to the foregoing Declaration; that
we believe him to be seventy seven years of age; that
he is reputed & believed, in the neighbourhood in
which he resides to have been a soldier of the
Revolution & that we concur in that opinion.

Sworn to & subscribed in open
Court August 10th 1833

John G. Telford Clerk

Amos Alexander
Ezekiel Farmer

And the Court do hereby declare their opinion after
investigation of the matter and after putting the interrogatories
put by the war department that the above named applicant
was a Revolutionary soldier and served as he states.

And the Court further certify that it appears to them that
Amos Alexander who has signed the above certificate is a
Clergyman & That Ezekiel Farmer who had also
[illegible] the
same are resident of said Miami County [illegible]
affidavit is entitled to credit

I John G. Telford Clerk of the Court of Common
Ple [illegible] said County of Miami do hereby certify that the
[illegible] contains the original proceedings of the said
[illegible] the matter of the application of Henry Penny
[illegible] Pension.

In Testimony whereof I have hereto set
my hand and affixed the seal of our said
Court of day the 15th day of August
AD. 1833
John G Telford Clerk


State of Ohio
Miami County

Personally appeared before me, the un-
designed, a Justice of the Peace in & for the County & State
aforesaid Henry Penny, who, being duly sworn, deposeth
& saith, that, by reason of old age & the consequent loss
of memory, he cannot swear positively as to the precise
length of his service; but, according to the best
of his recollections, he served not less than the periods
mentioned below & in the following grades: For two
years three months I served as a private in volunteer
Page 9

companies commanded by Captains Avery &
Anderson. For six months I served as a private
in a company of Rangers enlisted by Captain Avery
(_ my field officers were Major Polly and
Colonel Brannin-) & for such service I
claim a pension

Henry Penney

Sworn & subscribed to on this
10th day of October in the year
1833 before me
Geo. Keifer J.P.


The State of Ohio
Miami County 

I John G. Telford Clerk of the
Court of Common Pleas for the County and State
aforesaid do hereby certify that George Keefe Esqr
before whom the foregoing affadavit was taken and
at the turn of taking [illegible]
subscribed is and was and acting Justice of the Peace
within and for said County duly commissioned and
qualified that full faith and credit are due all
his official acts as such. and that the signature
iting to be his is genuine

In Testimony whereof I have hereto set
my hand and affixed my seal of office at Troy
this tenth day of October in the year of our
Lord Eighteen Hundred and thirty three

John G. Telford Clerk
Miami Common [illegible]
Page 10

Ohio proper

Henry Penney
Ohio

(l)

Adm 2 years $80_

John G. Telford
Troy Miami Co
Ohio
Page 11

WAR DEPARTMENT
Pension Office,

Sir: 
The evidence in support of your claim, under the act of June 7, 1832, has
been examined, and the papers are herewith returned. The following is a statement of
your case in a tabular form. On comparing these papers with the following rules, and
the subjoined notes, you will readily perceive that objections exist, which must be removed,
before a pension can be allowed. The notes and the regulations will show what is
necessary to be done. These points to which your attention is more particularly directed,
you will find marked in the margin with a brace, (thus: } ). You will, when
you return your papers to this Department, send this printed letter with them; and
you will, bu compling with this request, greatly facilitate the investigation of your
claim.


A Statement, shewing the Service of Henry Penny,

Period when the service was
rendered. Duration of the claimant's service. Years. Months. Days. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.

1778 3 Pr. Cap Avery 77
Col Brannin S.C.
2 in different Va cou Pr.
6 Pr. Cap Avery

The applicant should set forth his different
tours, with as much precision as practicable. It is
highly improbable that the applicant was in ac-
tual service during those tours, for the length of time stated.

I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
Page 12

2
REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army,
and to include under the terms "Continental Line," "State troops," "militia," and "volunteers, all
persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who
were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to
Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are
also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged
in guarding particular places at night, and were not recognized as being in actual military service.

Four general classes of cases are embraced in this law :
1. The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval Service.
4. Indian Spies.

As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming
the benefit of this law as officers, non-commissioned officers, mucicians or privates, will, in the first
instance, make application by transmitting the following declaration, which will be made before a Court of
Record of the County where such applicant resides. And every Court having by law a seal and Clerk is
considered a Court of Record.

DECLARATION.

In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.

State, Teriory, or District of } ss.
County of

On this day of personally appeared (a) before
A B. a resident (b) of in the county of
and State, Territory or District
of aged (c) years, who being first duly sworn, according to law, doth on his oath make the
following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed
June 7th, 1832. That he enlisted in the Army of the United States in the year (d), with and
served in the (e) regiment of the
line, under the following named officers :

[Here set forth the names and rank of the Field and Company Officers ; the time he left the service; (and if he serv-
ed under more than one term of enlistment, he must specify the particular period, and rank and names of his officers ;) the
town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged,
and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons
who belonged to the militia, volunteers, navy, &c.]

He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he
declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of
the Agency in the State of
Sworn to and subscribed the day and year aforesaid. A. B.

[And then will follow the certificate of the Court.]

And the said Court do hereby declare their opinion (g) that the above named applicant was a Revo-
lutionary soldier, and served as he states.

I of the Court of
do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of
the application of for a pension.

In testimony whereof, I have hereunto set my hand and seal of office (i) this
day of & c.

If, on examination of the proper record, the names of applicants, making such declaration, cannot be
found, they will produce such proof as the rule given in note (j) points out.

Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia,
except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and
subscribe a declaration similar to the foregoing, with the following additions, viz :

(k) We, A. B., a Clergyman, residing in the
and C.D. residing in (the same)
hereby certify, that we are well acquainted with ,who has
subscribed and sworn to the above declaration ; that we believe him to be
years of age ; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier
of the Revolution, and that we concur in that opinion.

Sworn and subscribed the days and year aforesaid.

[And then will follow the certificate of the Court.]

And the said Court do hereby declare their opinion, after the investigation of the matter, and after
putting the interrogatories prescribed by the War Department, that the above named applicant was a Revo-
lutionary
Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate is a clergyman, resident in the
and that C.D., who has also signed the same is a resident in the
and is a credible person, and that their statement is entitled to credit.

I, Clerk of the Court of do hereby certify that the foregoing
contains the original proceedings of the said Court, in the matter of the application of
for a pension.

In testimony whereof, I have hereunto set my hand and seal
of office, this day of & c.

Every applicant will produce the best proof in his power. This is the original discharge or commis-
sion ; but if neither of these can be obtained, the party will so state under oath, and will then procure, if
possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the ser-
vices of the applicant, and such circumstances connected therewith, as may have a tendency to throw light
upon the transaction.

If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will
also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful
in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
Page 13

3
alleged service, as they are known at the Department. A very full account of the services of each person
will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal
means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; 
and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. 
All applicants will appear before some Court of Record in the County in which they reside, and
there subscribe and be sworn to, one of the declarations above provided, according to the nature of his
case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of
service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State
troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, 
and where do you 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?
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 services.
6. To a Soldier.
Did you ever receive a discharge from the service, and if so, by whom was it given, 
and what has become of it?
To an Officer. 
Did you ever receive a commission, and if so, by whom was it signed, and what 
has become of it?
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.
The Court will see that the answers to these questions are embodied in the declaration, and they are
requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court,
without too much expense and inconvenience to him, two respectable persons--one of whom should be
the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from
their acquaintance with him, that they believe he is of the age he represents, and that he is reputed
and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion.
If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character
and standing of other persons giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct
proof, except the declaration of the party. And the Courts are requested to be very particular in the
inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before
required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper
county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform,
and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record,
or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper
Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a
Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is
his genuine signature.
No payments can be made on account of the services of any person, who may have died before
the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the
declaration herein required is made, the parties interested will transmit such evidence as they can procure, 
taken and authenticated before a Court of Record, showing the services of the deceased, the period
of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the
opinion of the Court upon the whole matter.
-------------------------------------------------------
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow
the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not
conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the
claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so
definite as to enable the Department to determine to what amount of pension he is entitled. 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 [blank] year [blank] months, and [blank]
days, I served as a [blank].  For [blank] months, and [blank] days, I served as a [blank]; and for such service I claim a pension."
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. Some persons who apply for pensions merely state that they served two years
in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is
highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement;
the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil
pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public
seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the
papers.

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 papers 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.

Proof of Service.

[j] 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 claimant's 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 official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
👉 The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in
note [j] applies to continental troops only.
[k] This traditionary evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Page 14

State of Ohio
County of Darke  ss.

On this the 11th day of July AD 1855
In open court, was produced oral Testimony
by two credible witnesses viz John S. Shepperd
and Susan his wife to me well known, who 
after being duly sworn according to Law, depose and 
say that Edward Givans is the only living
child of Mary Penny widow of Henry Penny
a Pensioner of Ohio.  that the witness John S. Shepperd, States that he assisted in procuring 
the Pension for the said pensioner Henry Penny
for several terms of drawing the payment due
said pensioner.  That he was personally and 
well acquainted with all the aforesaid parties
for several years, that said Mary Penny
in her lifetime frequently informed deponent
that the aforesaid Edward Givans was her
only child, and in the destribution of her 
effects he was so treated and regarded by her 
and was generally reputed i the neighborhood
as the only child of said Mary Penny,
and furthermore that said Mary Penny decd
was the identical Mary Penny widow of the 
said Henry Penny deceased who was as aforesaid
a Pensioner of Ohio.
That the said witnesses
John S Shepperd and Susan Shepperd on oath
declare that they verily believe that the 
said Edward Givens is the only living 
child of the aforesaid Mary Penny decd
and that they have no interest in this claim

John S. Shepherd
Susan Shepherd
Page 15

Additional Evidence
in the aplication of 
John Penny Administre
of Mrs. Mary Penny & widow
of Mary Penny dec.
pensioner of Ohio
for pension


Filed by 
W. C. Best of 
Greenville Ohio &
F E Hassler [?]
Washington City DC
Page 16

I A R Calderwood Probate Judge within 
and for the County of Darke in the State of 
Ohio do hereby certify that John S. Shepherd
& Susan Shepherd are credible witnesses and 
entitled to full credit.
I also certify that the marriage
of the aforesaid Henry & Mary Penny
is recorded in legible hand writing in the 
Marriage Record of said Court, and is in
the words following to wit
"I solemnized the 
the marriage of Mr Henry Penny and Mrs
Mary Givans on this day the 13th day of 
October AD 1831."

John Beers
JP

I also further certify that I was personally
acquainted with the aforesaid Mary Penny
and her Son Edward Givans and am fully
satisfied that Edward Givans is the only
living child and heir at Law of Mrs Mary Penny
decd. widow of the aforesaid Henry Penny
decd.
Witness my hand and Seal of 
said Court done at Greenville
this 12th day of July AD 1835

A R Calderwood
Probate Judge
Page 17

Mary Penny
decd widow of Henry
Miami Co
Ohio

admd 3d Feby 1853
2 yrs pri $80. per
annum from 3d Feby
1853 to 20 Dec 1853
when she died.
Pay to John Penny Admr.
for Edward Givans, only
child.

Cert to 
W. C. Best Esq.
Greenville
Dark Co
Ohio
Page 18

Revolutionary
Mary Penney
Act 3d Feby 1853
Ohio Suspended

Cal [?]

filed 27. Oct 1854
F. E. Hassler
Page 19

Comptroller Generals Office
Columbia S.C.  Sept 7th 1854

Dear Sir

Upon examination of the Revolutionary
Records of this Office the 
name of Henry Penney appears Book
L [or F?] No. 16 for £57 Sterling for 418
days Duty viz 38 days duty as Private footman
@ 10 Shilling Currency and 280 days 
Duty on horse @ 20 Shilling Currency per
day.  The Account is however made
out different viz 360 days duty horse
service as St in Capt Geo Aubrey pay
Bill Col Thos Brandons Regt.  The amt
anexed to the Account is £399 Currency
equal to the amount for 418 days as 
above mentioned.  What the letters "St"
means I do not know, perhaps Sergeant.
The Indent for the amount received
by Daniel Kelley - I do not know 
what amount the Rangers received - For
an Official Copy of the above Indent & 
Account $2 which please enclose.

Respectfully
P. S. Jacobs
Dep Comp Genl


F. E. Hassler Esq.
Washington D.C.
Page 20

Washington City DC
Oct. 27. 1854

Hon. L P Waldo
Commissioner of Pensions

Sir

I respectfully request a reexamination 
of the allowed pension claim of 
Henry Penney of Ohio, 1832, & also
his heirs claim by virtue of their mother
Mary Penney Ohio suspend act
Act 2d Feby 1853 & request that a 
certificate may issue for the increase
due him as per annexed certificate from 
the Comptroller of South Carolina

Your obt Servt. [obedient servant]
F. E. Hassler
Page 21

Miami Co.
Jno Penny Admr.

Henry Penny Dd. 16 Aprl/41
Mary Penny Dd 20 Dec/53
Recd of Mg
Edward Givans, child
Page 22

Greenville Dark Co. Ohio
August 9th 1855

Honl. L P Waldo 
Com of Pensions
Washington City

Respected Sir

Inclosed pleas find the 
Aditional Evidence in the Case of 
John Penny Administrator of 
Mrs Mary Penny Widow of Henry
Penny Pensioned for arrears of pension
Act 1853 about 7th August
1854 the Application was sent 
about 12th Jul/55 aditional Evidence 
sent &c
Presuming this suficient Evidence you 
will pleas send the certificate or 
the amount due Mrs Mary Penny
Direct to Greenville Dark Co Ohio to 
Wm. C. Best
Agent for 
John Penny
Administrator
of Mary Penny Decd.


NB
Mr. F E Hassler
will call relative 
to this case &c &c
W.C.B.
Page 23

Mo 1831 Recon 20 Dec/53
Edward Givens only
child

John S. Shepherd
Susan Shepherd
Jes Hall & Thos Penny
Thos declarant & [illegible] Hunt
Page 24

Greenville D. Co. Ohio
July 12th AD 1855

Hon L P Waldo
Com of Pensions
Washington City DC

Inclosed pleas find the aditional evidence
agreeable to your Request in the 
application of the Administrator of Mary Penny
Dec widow of Henry Penny who was a Pensioner in Ohio
Mr Hassler will see you in this case.
Pleas Issue certificate and forward as soon 
as convienent   

and oblige your 
Humble Implorer
W. C. Best for 
John Penny
Adm of 
Mary Penny
Page 25

Greenville Dark Co. Ohio
May 19th 1855

To Hon Commissioner of Pensions
Washington City DC

Dear Sir

On or about the 5 day August 1854
John Penny of Miamie Co Ohio
Executed a Power of Agency & Atty
to W C Best & F E Hassler Esq
for purpos of obtaining the Errears of 
Pension due the heirs of Deceased widow
of Henry Penny a Pensioner of Ohio
7 August Mailed to Hassler the Claim
in February Recd Answer of Hassler that
Proof of Parties living together as man and 
wife was Required by the Commissioner
of Pensions, 8 January Mailed said
Proof to Hassler, the Certificate of 
Marriage having been heretofore
obtained and sent also.
having no account from Mr Hassler
In Relation to this case for several months
and the Administrator John Penny being 
desirous to Know the Result of the case &c
(see next page)
Page 26

I therefore desire that you Examine the 
whole Evidence and the nature of this claim
and forward Certificate to me Immediately

Respectfully your most
humble implorer
Wm C Best
Agent for 
John Penny
Administrator

NB
this claim is under Act 1853
the Decased widow being Mariade after
the year 1800
If I am not Mistaken the Evidence
offered Prove 2 children living of Pensioner
Henry Penny of the first wife Deceased.
the second wife he maried after the year 1800
She being deceased leaving a son the only 
Child that she had now living &c
the 2 first are Sons of the Pensioner, the latter
is not a son of the Pensioner, but a son of the 
widow of the Pensioner &c the late widow
who was maried after the year 1800
Page 27

Revolutionary
Claim of 
the heirs of the widow
of
Henry Penny
Ohio admd Act 1832
under act 1853
-----------------
Boynton

Filed Aug 12. 1854
F. E. Hassler
Washington
Page 28

4,957
Mary Penny decd
widow of Henry
Ohio

F E Hassler Aug 16 1854
"  "  "          July 16 1855
W. C. Best May 28 1855


3 Feb 1853
Page 29

Official
L P Waldo 
Commissioner of 
Pensions
Washington City
DC

[written sideways]
Abbotsville
Ohio
July 14th
Henry Penney
Ohio 
Act 32


[written sideways the other way]
Case of widow
Page 30

Official Business

To Commissioner 
of Pensions
Washington City
D.C.

[post mark]
GREENVILLE
O
MAY 31

[written sideways]
Penny
wid
Boynton
Henry
Page 31

Brief in the case of Mary Penny widow of Henry
Miami County and State of Ohio
Act 3 Feby 1853
--------------------------
Claim, ("original," or "for increase.")
[blank]
Proof exhibited, (if original.)
[blank]
Is it documentary, traditionary, or supported by rolls?  If either, state the substance.
Her husband was a pensioner under the Act of 
June 7 1832 at $80 a year.
Record of marriage
Her identity as the widow of the pensioner.  His
and her death and the heirship proved 
agreeably to our Regulations by 2 credible
witnesses


Thornton Tripton
Examining Clerk.


Name and residence of Agent
W. C. Best Esq.
Greenville
Ohio
Page 32

Pension Office.
July  20" 1854.

Sir.

Please certify the time
to which the within named 
pensioner was paid, on the 
date of his death.

Very Respectfully,

S Cole
for Commissioner

$80
4 M 41


Francis Burt, Esqr.
Third Auditor, Treasury

[written sideways on page]
"Boynton"
Henry Penney, Act 1832  $80 per ann
Paid to 4 March 1841.
Francis S. Burt
Actg. 3rd. Auditor
Page 33

Abbotsville Dark County Ohio   Jany 14th/54

To Hon. L P Waldo

Dear Sir

Henry Penny a Revolutionary
Pensioner in the Cincinnati District in the 
State of Ohio County of Dark, or Miami Died
April 26th 1841 his widow died December 20th
AD 1853  said Daniel and Mary Penny was 
maried about 1829

Dear Sir  will you pleas Examine and 
see what time said Daniel Penny Drew 
his last payment of Pension which I presume was 
in 1839 or 1840 and from these circumstances
of Death, and Mariage, & last pay of Pension.
Pleas State what amount is due the 
Estate of Mary Penny widow of said pensioner
and whether any Bounty Land is due to his 
said Estate or her children Begoten of said
pensioner   Pleas answer immediately
and much oblige the son
of said Pensioner

W C Best
Solicitor for 
John Penny
the intended administrator
Page 34

PS  In the same District with Henry Penny
Drew his pension same [?]
Ezekiel Farmer Died November 1841
he was also a pensioner 1840 of the Revolutionary class
Left no widow  pleas see what amout of acreage 
of Pension is due the estate  I also need [?] state if any 
Bounty Land would be due his daughter the one heir
as it is presumed  Ezekiel Farmer never Recd Land &c for daughter &

W C Best
Administrator
Page 35

State of Ohio  Miamie County SS

Be it Known that 
on this fifth day of August Anodomani one
thousand Eight hundred and fifty four, that I 
John Penny Administrator of Mary Penny
Deceased widow of Henry Penny dcd
of the State of Ohio who died
leaving arears of Pension undrawn
does by these Presents constitute and appoint and 
fully authorize and Impower W C Best of the 
County of Dark and State of Ohio and F E Hassler
Esqr. of Washington City D.C. as y lawful agents
and Attorney for me and in my name and
stead to collect an Receive from the U.S. Officer
the due and arreas of Pension that may be due
Henry Penny Late deceased of Miamie County Ohio
and his widow Mary Penny deceas who died
December the twenyeth day anodomani Eighteen hundred
and fifty three leaving arears of Pension undrawn
under Act of 3 February A.D. 1853  they the afforesaid
W C Best and F E Hassler are authorized to Receive
and Receipt in my name and stead for the same
as witness my hand and seal this fifth day of 
August AD 1854

John Penny  son   [seal]

Witness
Z. Riley
Wm Hughs


The State of Ohio Miami County SS

Personally appeared before me, Probate Judge in 
& for the County & State aforesaid John Penny, who executed the foregoing
Power of Attorney and acknowledged the same to be his voluntary
act & deed for the uses & purposes therein set forth.
In witness whereof I have hereunto set my
hand & the Seal of said Probate Court at Troy
on this 5th day of August AD 1854

Benj. F. Powers Prob. Judge
Page 36

State of Ohio  Miamie County SS

On this the fifth day of August AD 1854
Before me Benjamin F Powers Probate 
Judge of the Probate Court at Troy Miamie
County Ohio personally apeared Thomas
MacCool Esqr. and Elijah Hunt two
credible witness to me well know and 
Residents of the County of Miamie
and State of Ohio who being by me 
cautioned and then sworn in due form
of Law depose and say that they 
were well acquainted with Henry Penny
a pensioner
who they say died on the sixteenth day of 
April A.D. 1841 in the County of Dark[runs off edge]
an State of Ohio also was well
acquainted with Mary Penny wife and
widow of said Pensioner Dec
that She died on the 20th day of December
A.D. 1853 in the County of Miamie and State of 
Ohio and that the afforesaid
Henry Penny Dec and Mary Penny Dec widow
of the afforesaid Penny are the Identical
Persons who John Penny of said
Miami County Ohio is administrator of 
the Estate of said Mary Penny Dec
that they derive the exact day of Death from 
the toomstones of said Penny Decd and 
one of them was present when the widow died
and Remembers the date of her death from 
the fact of certain transaction of business
and further say they are disintested witnesses
in this case.

Thomas McCoole
Elijah Hunt

Sworn to and subscribed
to the day and year above written before me.
Benj. F. Powers  Probate Judge

Witness
Z. Riley
Wm Hughs
Page 37

The State of Ohio  Darke County SS

I hereby certify that in the Record of Marriages of 
said County appears the following entry to wit
"Mr Henry Penny and Mrs Mary Givens were 
legally married on the 13th day of October 1831

John Beers J Peace"

Given under my hand and the seal of
the Probate Court August 7. 1854

John Wharry
Probate Judge


The State of Ohio  Miami County SS

I Benj. F. Powers Judge of the Probate
Court within & for the State & County aforesaid do hereby
certify that Thomas McCool & Elijah Hunt the Two
Witnesses whose names are Signed to the affidavit hereto
attached are persons well known to me, and that they
are credible witnesses & entitled to belief.  And I further
certify that I am totally disinterested in this Pension
Claim.
In witness whereof I hereto Set my hand 
& the Seal of said Probate Court at Troy
on this 5th day of August AD 1854

Benj. F. Powers, P. Judge


The State of Ohio  Miami County SS

I Benj. F Powers Judge of the Probate Court in 
& for the State & County aforesaid do hereby certify that John Penny
who executed the Power of Attorney hereto attached & made the within
affidavits has been duly appointed Administrator of the Estate
of Mary Penny Decd.  Same has given Bond & Security in 
ample amount to cover the arrears of Pension due to 
the Heirs of said Mary Penny widow of the
aforesaid Pensioner.
In witness whereof I have hereto set 
my hand & official Seal this 5th day of 
August AD 1854

B J Powers PJ

[no seal seen]
Page 38

State of Ohio
Miamie County SS

On this fifth day of August Adnodomina Eighteen
hundred and fifty four Before me Benjamin
F Powers Probate Judge of the Probate
Court at Troy Miamie County State of Ohio
Personally apeared John Penny A resident 
of Miami county Ohio, to who is well known to 
me, being by me sworn in due form of Law
deposeth and say that he is the son
of Henry Peny who was a pensioner in the 
State of Ohio
who resided in Dark County Ohio and died
April sixteenth day Anodomini Eighteen hundred
and forty one in Dark County and State of Ohio
that he was aged Eighty seven year three 
month five days - acording to the best
information that he is not in possession
any Records but derives this knowledge
from the toomstone at the Grave of said
Henry Penney Dec and that his Step Mother
widow of said Pensioner whose name was 
Mary Penney and that she was married after the year 1800  she has only one 
heir living and that his name is 
Edward Givins and that the said widow
Mary Penney Wife of said Henry Penny dec.
She died on the Twentyeth day of December 
Anodomoni eighteen hundred and Fifty three
in the Count of Miami and State of Ohio
and that he is the Administrator of her estate

John Penny son

Sworn to and subscribed the 
day and year above writen

Benj. F. Powers Prob. Judge

Witness
Z. Riley
Wm Hughs
Page 39

Revo Pension

Mary, widow
Henry Penney

Ohio
Boynton
Jan 15/55

suspended
Act 1853

filed 15 Jany 1855
F. E Hassler
Page 40

State of Ohio  County of Maimie SS

On this the fourth day of January
Anodomina onene [one] thousand Eight hundred
and fifty five Personally appeared before
me a Justice of the Peace in and for
the County afforesaid James Hall and 
Thomas Penny Persons to me well known
and being by me sworn in due form of 
Law depose and say that they was well
acquainted with Henry Penny the Pensioner
in State of Ohio and his widow Mary Penny dec
that they well know the afforesaid
Pensioner and wife in there lifetime Knew
them to live to gether as man and wife
and that there mariage was never 
called in question as desputed  that they
was considered by the community in General
man and wife and after the death of 
said Henry Penny the Pensioner said
Mary Penny was considered the widow of 
said Henry Penny and was understood
to Have been mariade after the year
Eighteen hundred and that said Pensioner
willed his Estate to said Mary Penny His wife
also sware that they are disinterested in this claim.

James Hall  X  his mark
Thomas Penny

Sworn to and subscribed to 
before me the day and year first
above writing

Allen H. Davis  Justice of the peace
Page 41

State of Ohio  Miamie County SS.

I certify that I am well acquainted
with James Hall and Thomas Penny
the foregoing witnesses and know them 
to be credible witness entitled to full 
Credit also certify that I am disinterested 
in the Event of this Claim - also acquainted 
with John Penny the Administrator of Mary 
Penny widow of said Pensioner Henry Penny

Allen H. Davis, Justice of the peace

I further certify that the above named 
witnesses are Residents of the Couny of
Miamie and State of Ohio

A. H. Davis Justice of the peace



The State of Ohio
Miami county SS.

I B W Leavell Clerk of the Court of 
Common Pleas of the said County hereby certify that on the 
4th day of January AD 1855 Allen H Davis whose name is
annexed to the foregoing certificate was a Justice of the Peace of 
the said County of Miami elected, commissioned & quallified
in due form of law and that the signature purporting to be his
is genuine --
In Testimony whereof I have hereunto set my 
hand & affixed the seal of the said Court this 6th
day of January AD 1855.

B. W. Leavell Clerk

[no seal seen]
Page 42

Washington City DC
Jany. 15th 1855 [or 53?]

Hon. L. P. Waldo
Commissioner of Pensions

Sir,

Enclosed please find 
additional proofs in the 
Revolutionary Pension Claim of 
Mary widow Henry Penney
Ohio act 1853. suspended,

Yours respectfully
F. E. Hassler
Page 43

Official Business

Se R Waldo

Commissioner of Pensions

Additional
Evidence
for
Pension

Washington City
DC

Cole

Mary Penney dec
and 
Henry

GREENVILLE JUL 13
Page 44

Official Business

Honl L P Waldo, Commissioner of
Pesions

at 

Washington City
D C 

Cole 

GREENVILLE 
AUG 

Additional
Evidence for
Arrears of Pension
Oct 1853
Page 45

Reg WIDOW, &c.

File No. 26501

Mary Penney
Wid of
Henry Penney
Pri Rev War
Page

Act Feb 3d 53

Index : Vol _, Pge _

[Arrangement of 1870.]
Page 46

Miami County Probate Court.

Mary Penney's Estate.
John Penny Adm'n.

LETTERS OF ADMINISTRATION.

Copy
Page 47

The State of Ohio, Miami County, SS.

TO ALL WHO SHALL SEE THESE PRESENTS, GREETING:

Whereas, Mary Penny late of the County
of Miami, and State of Ohio, died intestate, whereby it becomes expedient
that the Probate Court, within and for the County aforesaid, should 
appoint some suitable and trusty person or persons, to collect and administer
all and singular, the Goods, Chattels, Rights, and Credits of the said
Mary Penny deceased, whereof he died possessed:

Know ye, Therefore, that the said Probate Court, have 
appointed, and by these presents, do appoint John Penny
Administrator of all and singular, the goods, chattels,
rights, and credits of the said deceased; hereby granting to said Administrator 
all and singular, the power necessary, and by law required, to enable 
him to take an inventory of, collect, sue for, and recover, all and singular,
the goods, chattels, rights and credits of the said deceased; and out of the 
same, or such part thereof as shall come to his hands, the debts of the said
deceased to pay and discharge according to law; and of the rest and 
residue of said goods, chattels, rights, and credits to make a just and lawful
distribution, and the same fully to administer in all things, as by law 
required.  
In testimony whereof, I have hereunto set my hand and affixed the Seal of our
Probate Court, at Troy this fifth day of August A.D. 1854

Benj. F. Powers  Probate Judge.


The State of Ohio Miami County ss.

I Joseph Pearson Judge and Clerk of the Probate Court
within and for said County do hereby certify that the foregoing 
is a true copy of the Letters of Administration issued to John
Penny Administrator of Mary Penny deceased, on the 5th day
of August A.D. 1854, and that the said John Penny is at this 
time Administrator on said Estate.
Witness my hand and the seal of said Court
this 7th day of August A.D. 1855

Joseph Pearson  Probate Judge