Revolutionary War Pension and Bounty Land Warrant Application File W. 24123, David Emery, Continental Mass.
Page 1

Service
Continental Mass.
Emery, David
Abigail
Number
W.24143
Page 2


See letter to Hon. S. A. Fort, Jan 18. 1830.

N. R. 5.527
Maine

David Emery
of Kennebee in the State of Maine
who was a Private in the company commanded by Captain Jenkins of the Regiment commanded by Colonel Brewer in the Massachusetts line, for the term of 3 years
from the year 1777 to the year 1780
Inscribed on the Roll of Maine
at the rate of 8 Dollars per month, to
commence the day 9 of April 1818
Certificate of Pension issued the 20 of Jany 181
and sent to S.S. Wilde Esq. Fairfax
Kennebec, Main
Restored to the Roll on the 2d day of January
1829 and notification sent to Hon P. Sprager
at House of Representatives Pension
commencing on the 11 of November 1828
Amount due on 4th of
March 1829.
$30.36
Revolutionary Claim
Acts March 18, 1818
and May 1, 1820 &
1 March 18
Page 3

Maine 4,419

Abigail Emery
widow of David Emery
Mass
who was a pensioner under the Act of March 1818 and who died in the year 1830
of Somerset Co. in the State of Maine
who was a Private in the company commanded
by Captain Jenkins of the regt commanded
by Col. Brewer in the Mass 
line for 2 years

Inscribed on the Roll of Maine
at the state of 80 Dollars -- cents per annum,
to commence on the 4th day of March, 1836

Certificate of Pension issued the 22 day of Oct. 1839 and sent to Geo. W. Morton, August, Me.

Arrears to the 4th of Sep '39        280.00
Semi-annual allowance ending Mar. '40        40.00
$320.00
Act July 7, 1938
Cle
age 8
Page 4

David Garland on oath state that I am Clerk
of the town of Winslow, County of Kennebec & State of Maine which office I have held four years past, that I have carefully examined the record of said town from Seven
-teen Hundred Eighty, to Eighteen Hundred Twenty, for evidence of the marriage of David Emery to Abigail Goodwin & that I find the following entry upon said records viz.  David
Emery & Abigail Goodwin both of Kennebec River without the bounds of any town but in the County of Lincoln intends marriage with each other Winslow April fifth seventeen hundred & Eighty two "- and I hereby certify the same to be a true copy of "the record with the exception of the date which is expressed on the record in fair legible figures as follows viz, " April 5, 1782" I further state that
the marriage of said parties is not entered upon the records of said town nor does the registry of birth exhibit any record of their children. The records of this town for the period about which said parties were married are very imperfect & as the county was new & the town not incorporated in this vicinity the fact of there being no such record, does not raise a presumption against the marriage.
David Garland Town Clerk Of Winslow
State of Maine
Kennebec  [illegible] - On this 27th Day of Sept A 1839 Personally appeared David Garland & made oath to the truth of the foregoing statement & certificate by him subscribed
Before me. L M Daivie Justice of the Peace
Page 5


State of Maine
Kennebec County ss:
I John A Chandler, Clerk of
the Indian Court, held for and within
said County of Kennebec do hereby certify
that William Woart Jr and Lemme Paine
an Justice of the Peace for said County of
Kenneec and the signatures hereinto annexed purporting to be theirs are genuine
In testimony whereof I have hereunto
set my hand and affixed the seal
of the Supreme Judicial Court this
thirtieth day of September 1839
J  A Chandler
Page 6

I Caleb Emery of Fairfield, Somerset County, Maine, aged forty four years in the first day of January last, upon oath state, that I am the son of David & Abigail Emery, & that said David who was a Revolutionary pensioner of the United States died at said Fairfield in November 1830. That said Abigail is now living in said town. She is now an applicant for a pension under the act of Congress of July 7, 1838. & made her declaration before Chief Justice Weston of the Supreme Court
of Maine on the 24th day of August 1838. She
being unable to go into Court for that purpose. That she is still very feeble & infirm & entirely unable to go from home, & it is probable that a journey of even two miles would endanger  her health, & perhaps her life would be the consequence. The said David & Abigail have five children older than myself, all of whom are now believed to be living. 
Caleb Emery

State of Maine
Kennebec  ss: Submitted & sworn to this Seventh day of September A.D. 1839. the deponent being a credible- witness.
Before me  Wm Moart Justice Peace
Page 7

To the Hon. Senate & House of Representatives of the United States in Congress assembled in December Anno Domini 1828
Humby represents. David Emery, of Fairfield,
Somerset County, Maine, now in the seventy fifth year of his age. that he joined the continental army in September 1775 under
Gen. Arnold in his expedition to Canada
by the way of Kennebec and marched in said expedition up Kennebec River & returned under Col Enos, & joined the Continental Army afterwards at Cambridge Massachusetts in December 1775. when [illegible] I reenlisted into the years Service of 1776 in which latter Service I continued until I was honorably discharged in the year 1777. in the month of March of that year. I again enlisted into
the Continental army & Joined Capt. Jenkins Company & Col. Brewer, Massachusetts regiment & the Northern at Ticonderoga. & served in that vicinity about one year, when I
was transferred at Valley Forge, into Gen Washingtons life guard under Major Gibbs, I served [illegible] duty in the latter service the remander [remainder] of my enlistment & was honorably discharged by Major Gibbs - I did duty in Washingtons life Guard about two years - I would further represent that I am
now poor and destitute of property & need
the assistance of my Country for support & I would further respectfully represent that
Page 8

I made application for a Pension under the law of Congress of March 18th 1818, and being found on the Roll of the army to have served faithfully agreeably to my declaration,
my name was placed on the Pension Roll of Maine & I drew my pension until March 4th 1820 when I was required by the law of May 1st 1820 to, to make a Schedule of my effects, which I did and my name was Stricken from said Pension Roll, by reason of the amount
of property exhibited - at the time I made said schedule I  was much in debt & the Judge before whom I made the same said to me, that he supposed the debts owed by me would be
considered in offset against any property I might have in possession, but it was not satisfactory to the Pension Department and I have never been permitted to receive the Pension my Service & poverty fully entitled me too-- I now pray Congress to take my circumstances into their wise consideration & grant me for the remainder of my days the bounty given by them to the soldiers of the war of Revolution
David Emery
Page 9

Petition declaration of David Emery, - soldier of the Revolution who states that he served upward, 4 years in the Revolutionary War
& was honorably discharged as one of 
Gen Washington life Guard having done duty under Major Gibbs, more than 2 years previous to said discharge & that he is now  in his 75th year of his age, poor & wholly destitute of property- He prays Congress to be placed on the pension list.

last evidence
within11. Nov. 1828.
Page 10

State of Maine
Kennebec ss.

Personally appeared before me the subscriber
a Justice of the Peace within & for the county of Kennebec & also Clerk of the Judicial Court for said County - David Emery & he made Oath to the truth of the forgoing Petition & declaration by him subscribed.

In testimony whereof I subscribe my name
& affix the county seal of said county of 
Kennebec, this Eleventh day of November
in the year of our Lord one thousand eight
hundred and twenty eight -
R.C. Vose
Page 11

343
State of Maine.
I John Davis Clerk, for the County of Kennebec of the Circuit Court of Common Pleas for the second Eastern Circuit, embracing the counties of Lincoln, Kennebec and Somerset, do hereby certify, that the foregoing oath and the Schedule thereto annexed, are truly copied from the record of the said Court; and that the original was exhibited in open Court; and I
do further certify that it is the opinion of the said Court, that the total amount in value of the property exhibited in the aforesaid Schedule, including debts due to the declarant therein stated, is Six hundred forty four dollars
and deducting therefrom the amount of what the declarant owes, as set forth in said Schedule, the value of said property in the opinion of said Court, is nothing

In testimony whereof, I have hereunto set my hand, and affixed the seal of the said Court, on this twentieth day of June 1820.
John Davis Clerk of said Court for the County of Kennebec
Page 12

Copy
State of Maine. 343
KENNEBEC COUNTY, ss. 

ON this eight day of June, 1820, personally appeared in open Court before the Circuit Court of Common Pleas, for the Counties of Lincoln, Kennebec and Somerset, being a Court of Record for said Counties, Proceeding according to the course of the common law, having original jurisdiction, unlimited in amount, keeping a record of their proceedings, and having  the power of fine and imprisonment, David Emery aged
sixty six years, resident in Fairfield in the County of Somerset within said Circuit, who being first duly sworn according to law, doth, on his oath, declare that he served in the Revolutionary war as follows, viz. in the Company commanded by Captain
Jenkins and Regiment commanded by Colonel Brewer of the line of the State of Massachusetts upon the Continental Establishment, for the period of three years having previously served Col. Sergeants
Massachusetts Regiment in the years service, that he served about two years under Major Gibbs as one of Washingtons life guard. that his original declaration was made before Judge Wilde on the ninth day of April 1818; that he is now on the Maine roll, and that his pension certificate is numbered 5527. And I, the said David Emery do further 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 so to diminish it as to bring myself within the provisions of an act of Congress, entitled, "An Act to provide for certain persons engaged in the land and naval service of the United States, in the Revolutionary War," passed on 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.
David Emery

The following is a Schedule of my whole Estate and income, necessary clothing and bedding excepted, viz: one hundred acres of land, about twenty acres under improvement, with an unfurnished one story, an old barn and barn frame of the value of five hundred dollars. One horse of the value of thirty dollars, one cow of the value of fifteen dollars. Four sheep and two lamb, seven dollars. Three swine ten dollars. One calf two dollars. Old furniture (besides beding [bedding]), value of six dollars. Implements of husbandry Eight dollars. One pair block wheels six dollars. I have debts due to me which may be collected to the amount of sixty dollars. And I owe upwards of six hundred and ninety dollars. I have no trade or profession. My occupation is that of a farmer, but from age and infirmity and being lame in my right foot, having lost my great toe and being subject to pain in my head and deafness, I am able to labor but a very little.
Page 13

My family consist of six persons, myself, my wife Abigail aged fifty seven years, my daughter Cynthia aged twenty seven, born nearly blind and so continues, and is unable to do any thing of consequence for her support
my son Nehemiah aged eighteen years [crossed out], and my daughter Susanna aged fourteen years and Rachel aged twenty years
The income derived from the foregoing property is not more than I annually pay for interest except the foregoing and my necessary clothing and being. I have no estate or income. 
David Emery
Subscribed, sworn to, and declared, both the oath and schedule on this Eighth day of June 1820 before me
Nathan Weston Jr.
CJ. CCC Pleas

A true copy
Attest John Davis Clk
[following on page upside down]
Robert C Vose, 
Augusta
Maine
Page 14

DECLARATION
In order to obtain the benefit of the Act of Congress of the 7th July, 1838, entitled " An Act granting half pay and pensions to certain widows."
STATE OF MAINE.
Somerset County, ss.
On this twenty fourth day of August A. D., 1838, personally appeared before the Hon. Nathan Weston Chief Justice of the Supreme Judicial Court of State of Maine Abagail Emery
a resident of Fairfield in the County of Somerset and State of Maine, aged seventy seven years, who, being first 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 7th, 1838, entitled
"An Act granting half pay and pensions to certain widows;"" That she is the widow of David Emery who was at the time of his decease a revolutionary pensioner of the [illegible] Act of March 18. 1818. that his pension was payable at the State of Maine agency & that the evidence of his services in the army of the Revolution is in possession
of the War Department to which she refers
She further declares, that she was married to the said David Emery in the month of April
in the year seventeen hundred and eighty two; that her husband, the aforesaid David Emery 
died on the eighteenth of November 1830 at Fairfield aforesaid; that she was not married to him prior to his leaving the service, but the marriage took place previous to the first of January, seventeen hundred and ninety four, viz. at the time above stated; that she has remained a widow ever since that period, as will more fully appear by reference to the proof hereto annexed. That her name before
marriage was Abigail Goodwin. that she was
married in Fairfield aforesaid by a Justice of
the Peace named Brewer
her
Abigail Emery
mark
Sworn to and subscribed on the day and year above written, before me (taken by
request in the town, where the applicant resided she being too infirm, from age, to appear in open court, at a court town) Nathan Weston CJ.
S. J. C.
Page 15

State of Maine
On the twenty fourth day of August, 1838, Abigail Emery, the applicant within named was examined and sworn, as within stated. I am satisfied, that she was married to David Emery, late, a revolutionary pensioner of the United States, in April, 1782, that the said David Emery deceased on the eighteenth of November, 1830, and that the applicant has now since remained his widow.
Nathan Weston C, J.
S. J. C.

State of Maine
Kennebec ss.
I the subscriber Clerk of the Judicial Court for said County, hereby CERTIFY, That the Hon: Nathan Weston before whom the proceedings were had, is Chief Justice of the Supreme Judicial Court of the said State. I also CERTIFY, That the foregoing contains the original proceedings of the said Chief Justice in the matter of the application of Abigail Emery for a pension, I further certify that Samuel Burrill Esq before whom the amended affidavit was sworn is a Justice of the Peace for the County of Sommerset.
In Testimony Whereof, I have hereunto set my hand and the seal of the said Court, this 28th day of Jany A.D., 1839.
JA Chandler
Page 16


REVOLUTIONARY WAR RECORDS SECTION
3 -- 525
DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
W. F. 24,/23  Washington, D. C.,  , 19
In reply to your request of , received for a statement of the military history of David Emery soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.

DATES OF ENLISTMENT OR APPOINTMENT.
Sept 1775
Dec. 1775
Mch. 12, 1777
then transferred at Valley Forge into Washington's Life Guard, under Major Caleb Gibbs served until Mch. 1780

LENGTH OF SERVICE.
3 mos
Mch 1777
1 year

RANK.
Pvt.

OFFICERS UNDER WHOM SERVICE WAS RENDERED.
CAPTAIN.
William Scott
William Scott
Josiah Jenkins

COLONEL.
Enos
Sargent
Samuel Brewer

STATE.
Mass.

Battles engaged in, none stated
Residence of soldier at enlistment, enlisted at Canaan Me Dist
Date of application for pension, Apr. 9. 1818 His cl. was at
Residence at date of application, Fairfield Somerset Co. Me Dist
Age at date of application, 74 yrs He died Nov 18, 1930 at Fairfield, Me
Remarks: He was at Fairfield Apr. 9. 1782 Abigail Goodwin. he was also person on app. executed August 24. 1838 while a resident of
Fairfield Me. aged 77 years. In 1820 children were Cynthia 27 years old. Nehemiah 18 years. Susanna 14 yrs Rachel 20 yrs and
Caleb born Jany 1 1794
Respectfully,

Commissioner.

Me Dist
Page 17


[FOLLOWING IS FROM SEAL)
THE EMERY FAMILY IN AMERICA
1917
MASSACHUSETTS

[FOLLOWING IS FROM POST MARK SEAL]
PENSION
MAY
22
1923
OFFICE

[FOLLOWING IS THE WRITTEN LETTER]

MISS JESSIE F. EMERY
EXECUTIVE SECRETARY TREASURER
THE WARREN
BOSTON 19, MASSACHUSETTS

May 21, 1923

Dear Sir:--
Enclosed please find data regarding David Emery a Revolutionary Ancestor. In Godfreys "The Commander-in-Chiefs Guard" a Star was
placed by David Emery's name which was referred to a foot note regarding a pension received. Please inform me if you have records on file regarding him or his widow--if so
Page 18

please send me an abstract of the records with references as to vol. & pages
Thank .you
Very respectfully
Jessie F. Emery
Page 19

[SEAL]
U.S. PENSION OFFICE
D JAN 26 1914
Page 20

Foxcroft, Maine
Jan. 23, 1914
Sec. Dept of the Interior, Bureau of Pensions
Washington, D.C
Dear Sir,
I wish to become a member of the
Daughters of In American Revolution and would be very grateful for any data regarding my ancestor David Emery supposed to have been with Benedict Arnold at the siege of Quebec, later at the siege of Boston, at Ticonderoga and still lots transferred to Washington's Life Guard at Valley Forge.
Data at hand appears to show that he was mustered out at Morristown, New Jersey, in March 1780 and died at Fairfield, Maine (age & date not given).
I shall be very glad to meet any expense connected with the matter.
Yours Respectfully
Mrs Caro Emery Fleet
Page 21

1914 January 30 Hist to Mrs. C E
1923 July 11 Hist to Jessie F Em

Rev
WIDDOW & c
No. 24123
Abigail Emery
Wid of
David Emery
[illegible] Mass law
Act. July 8th 1858
[illegible]ex: - Vol. A, Page 217
(Arrangement of 1870)
Page 22


Maine
David Emery Private

served 3 yrs from Sept. 1775. 1st Schedule date 8th June, 1820 100 acres of land, about 20 acres under improvement, an unfinished one story house and an old barn and barn frame, $500.- 
Horse $30 Cow $15       45.-
4 Sheep & 2 lambs         7.-
3 swine $10 1 calf $2      12.-
old furniture                      6.-
Impliments of husbandry   8.-
1 Pair block wheels              6.-
                                           $584.-
Has debts due him amounting to $60 - and owes upwards of $690.-

Schedule under Act 1st March 1823 dated 4 June, 1823.
A few articles of old furniture $6.-
Sold Real Estate to Caleb Emery Dec 1820, who paid just debts claimant. Copy of Deed exhibits consideration $500.-  Horse - cow - swine - calf & farming tools sold to Caleb Emery [illegible] paid debts for claimant, 4 sheep used in family affidavit of Caleb Emery exhibits stating that claimant was debted to him for six years labor [illegible] to Dec 25 the amount in the sum of $500, and in the sum of $107.11 for a debt paid by him to Simeon Matthews. - states that on the 1st of Jany 1815 he arrived at the age of 21+ that claimant agreed with him at that time that he should labor for him and received in payment the land before mentioned & that previous to Jany 1820 he was to have received a deed from claimant but the deed was omitted to be made until Dec 1820, - states that his labor was upon the home place and contributed to the support of claimant and family, he having one blind daughter and being himself lame & infirm. the other sum of $107.11 for which he received the  [illegible] he paid [illegible] Matthews being a debt due him for necesaries for family furnished from his store. Affidavit of Simeon Mathews exhibited, stating that Caleb Emery gave him his note for $107.11 on account of a debt due him from Claimant. the amount of which he has nearly paid.

Claimant aged 68 years, farmer unable to work but little in [illegible] of rheumatism. Wife 60 inform daughters aged 30 & 17 the eldest blind. the other in feeble health. See letter, March 26, 1825 to Hon. J Cushman
[illegible]
Page 23

5.527.
Maine
David Emery
3 yrs. Private
Massachusetts line
In the army of the United States during the Revolutionary War.
Inscribed on the Roll of Maine
at the rate of 8
Dollars per month, to commence
the 9th of April 1818
Certificate of Pension issued the 20 of Jany 1819 and sent to Saml S. Wilke Esq Fairfax, Rennebec Co
Arrears to 4th of Sept 1818. 4 ms. 26/30  38.93
Semi-anl, all'ce ending 4 March 1819        48.-
                                                                $86.93
(Revolutionary claim, Act 18th March, 1818.}
Not enlisted
Fairfield, Somerset Co

Apr 18, 1823
Regt sent
[FOLLOWING ROTATED AT 90 DEGREE]
Notification sent July 10 1820 to
R. C. Vose
Augusta, Maine
Page 24

H. Ref. Dec. 11. 1828
Dear Sir
I send you some papers relative to the application of David Emery for a pension. I verily
believe that Emery is justly entitled to a pension and hope after reexamining his care and the
accompanying papers that you will arrive at the same conclusion-- If you cannot will you be good enough to return to me the enclosed
I am yours
[illegible]
P Sprague
J.L. Edwards Esq
Page 25

Augusta Maine
October 2, 1839
Sir
I herewith transmit the application of Mrs Abigail Emery (widow of David Emery) to be pensioned under act of July 7. 1838. Her declaration has been transmitted to you, and returned to me accompanied with your letter dated the 13th of July last. I now enclose the declaration with the evidence first presented and the additional affidavits of Caleb Emery, and David Garland Clerk of the town of Winslow. The claim of Mrs Emery is made in good faith, her statements can be relied upon as facts, the intention of her marriage as found on the record in Winslow, with the affidavit of Caleb Goodwin, it is hoped will be satisfactory in establishing the fact of her marriage. The difficulty in obtaining record proof of marriages in this part of Maine an is from the comparatively scant settlement in incorporated places of many parts of this state when applicants were married & many of the marriages having been solemnized by magistrates who kept no record of their blessings. Mrs Emery presents the best evidence she is able in combination of the truth of the statements made by her in her declaration. Should her claim be allowed I want to respectfully request you to enclose to me for her a certificate
James L Edwards
Commr of Pensions
Washington DC

I am very respectfully
Your [illegible]
Geo w morton
Page 26

H Ref    Dec - 6- 1824
Sir
Inclosed  [Enclosed] is as additional evidence in
the case of David Emery of Fairfield Me. I cannot doubt that he will be placed on the pension roll.
I am respectfully
your [illegible]
P. Sprague
J. L. Edwards Esq
Page 27

Abigail Emery widow
of David Emery
Act July 7. 1838     4705
4419
Me
Act 7 July 38
M 82 d 30
AOM o
2 yrs pri
80 ┃
No deduction
Geo W Morton
Augusta
Me
Page 28


I Samuel Kendall of Fairfield in the County
of Somerset and State of Maine of lawful age
do testify and declare upon oath that David  Emery late a pensioner of the United States died in said town of Fairfield several years senior and that his widow now living in said town has even since his decease remained unmarried
Samuel Kendall
State of Maine
County of Somerset
August 24. 1838. Subscribed and sworn to. I certify the deponent a credible witness
Before me
Nathan Weston C.J.
S.J. C
Page 29

Augusta Me. Dec. 1. 1828
Dear Sir,
I now enclose you the Petition of David Emery, the poor old man that you saw with me at your office just before you left home. He has procured the certificate of the Selectmen of Fairfield and brought to me himself travelling all the way from Fairfield on foot, for the purpose of handing it me & requesting particularly that I should State to you, he
hoped you would not neglect him although he did not live within your District. I should think Mr Edwards would feel authorized by the additional Evidence of the Selectmen, with claimants own declaration or Petition under Oath, to give this case a reexamination & thereby present your applying to Congress -- But if he should present, that this poor old man is Rich & not in need then I hope you will present his Petition & take from the Pension office the evidence of his service & poverty and make the necessary application to Congress in his behalf.
I am yours truly
R. C. Vose
Hon. P. Sprague
P.S.  Perhaps it would be best to shew the
Papers to Wm Edwards, before you present the Pett. to Congress
Page 30

Depositions
Selectmen of Fairfield, in
the case of David Emery
Page 31

we the subscribers Selectmen of Fairfield in the County of Somerset Maine do upon Oath certify that we well Know David Emery of said Fairfield an applicant for a Pension. the said Emery is a poor man and destitute of Property & has a helpless family, we are also acquainted with His son Caleb Emery of said Fairfield .the said Caleb sustains the character of a man of truth and honesty
Nov 19 1828
William Bryant
Thos Barger
Eliphalet Allen
Selectmen of Fairfield
State of Maine
Somerset [illegible] Nov 19 1828 personally appeared before me a Justice of the Peace within & for said County of Somerset
William Bryant Thomas Burgess & Eliphalet Allen in Fairfield aforesaid who are in my opinion credible and disinterested witnesses
and they severally made oath to the truth of the above certificate by them subscribed
Elizer Noble
Justice of the peace
Kennebec ss
I the subscriber Clerk of the Judicial Court within & for the County of Kennebec, do hereby certify and declare that Eleazer, Noble, Esquire before whom the above depositions were taken was a Justice of the Peace, within & for the County of Somerset and duly qualified as such & that the same is his signature-
In testimony whereof I subscribe my name
& affix the County Seal of said County
of Kennebec, this twentieth day of Nov. A.D. 1828
R. C. Vose
Page 32

Kendalls
Mills [illegible]  Dec 25th
George Wallorton Esqr
Augusta
Me
Page 33

I Caleb Goodwin of Clinton in the State of
Maine on oath State that I was present
at the marriage of David Emery to Abigail
Goodwin at Fairfield in Said State in the 
month of April Seventeen hundred & Eighty
two. Said David Emery is dead & his widow
Abigail Emery formerly Ebigail Goodwin 
is now living in Said Fairfield
attest
Samuel Burrill
Thomas Connor
Caleb Goodwin
State of Maine
Somerset [illegible]
Subscribed & sworn to this twenty
fourth day December 1838 the Deponent being a credible witness
Before me Samuel Burrill Justice Peace
Page 34


Town Clerk
Fairfield
Mrs Emery
to be filed in the case
Page 35

Fairfield Sept 12th 1838
Sir

In answer to your request I have examined
the records of said Town and I cant find any
record of the Publishment or the Marriage of  David Emery & Abigail Goodwin you stated that they ware Married about the year 1782 and this Town was Incorporated in the year of 1788 and of course there is no record of the Marriage here.
I think you will be Likely to find a record
of it on the records in Winslow
I Received your Letter the of said month
with due Respect
P. Jones Clerk of Fairfield
Page 36

Depositions of Caleb
Emery & Simion Mathews
in the case of David Emery
Pennince
Page 37


I Caleb Emery of Fairfield in the County of Somerset and State of Maine, of lawful age do depose and say, that my father David
Emery of said Fairfield was indebted to me for six years labor previous to Dec. 25. 1820 in the sum five hundred dollars and in further sum of one hundred and seven dollars and eleven cents for a debt which I paid to Simon Mathews for the said David Emery- I further
depose and say that on the first of January 1815. I arrived at the age of twenty one years and my said father David Emery agreed at that time with me for me to labor for him and receive in payment the land mentioned in his deed to me a copy of which deed is hereunto annexed and that previous to January 1820. I was to have received my deed, but was omitted until the December 1820
following - My labor was upon the home place and contributed to the furnishing of supplies for the support of the family of my father, having one blind daughter and being himself same and infirm. It was in consequence of this agreement with my father, that I should labor for him after I arrived at twenty one years (which was on the 1st January 1815) to enable him to support his family, that he so became indebted to me and which from was justly my due and is a part of the consideration of the
deed and the debt which I paid to Mathews the other part including the purchase of the Horse, cow, swine, calf and farming tools - I do further upon oath declare that the debt aforesaid due from my father David Emery was justly due me, as much so as it would have been from any other individual.
Caleb Emery
Kennebec ss November 4th 1824, Personally appeared Caleb Emery above named to me well known as credible Witness and he made Oath to the truth of the above deposition by him signed Before me
Robert C. Vose, Justice of the Peace
Page 38

State of Maine
Kennebec County  ss:
I the subscriber Clerk of all the Judicial
Courts within and for the County of Kennebec do certify that Robert C. Vose Esquire before whom the within proceedings were had was at that time and now is a Justice of the Peace within and for
the said County of Kennebec & duly qualified as
such.-
In testimony whereof I subscribe my name and affix the County seal of the said County of Kennebec this fourth day of November Anno Domini 1824.
R. C. Vose, Clerk-
Page 39

I Simon Mathews of Waterville in the County of Kennebec & State of Maine Merchant do depose and say that David Emey of Fairfield become indebted to me for supplies furnished
him in provisions and other Necessary articles of living from Oct. 1818 to December 1820 in the sum of One hundred & seven dollars and Eleven cents at which time Caleb Emery gave me his note of hand for said amount and that
I have since received of Caleb Emery nearly the amount of said note. I further depose and say that the articles which were delivered to said David Emery were for his exclusive use and benefit and were for supplies as I have before
Stated.
Simeon Mathews
Kennebec ss
November 4th 1824, Personally appeared Simeon Mathews to me well known as a credible witness, and he made oath to the truth of the above deposition by him signed
Before me,
Robert C. Vose, Justice of the Peace
Page 40

David Every
per Maine Role No. 5.527.
S.J.C. June 4, 1823.
value property $6.00
served 3 years
R.C. Vose
Augusta
Me.
Page 41

State of Maine.
COUNTY OF Kennebec ss.
On this fourth day of June in 1823 personally appeared in open Court before the Supreme Judicial County being a Court of Record for said County, proceeding according to the course of the common law, having original jurisdiction unlimited in amount, keeping record of their proceedings, and having the power of fine and imprisonment David Emery, resident in said County, aged sixty Eight years, who being first duly sworn, according to law, doth, on his oath, make the
following declaration in order to obtain the provision made by the Acts of the eighteenth of March, eighteen hundred and eighteen, the first of May, eighteen hundred and twenty, and the first of March, eighteen hundred and twenty-three--that he the said David Emery enlisted for the term of three years on the twelfth day of March in the year 1777 in the State of Massachusetts in in the Company commanded by Captain Jenkins in the Regiment commanded by Colonel Brewer then Maj Gibbs in the line of the State of Massachusetts on the Continental establishment; that he continued to serve in the said corps one year & then two years in General Washingtons life Guard until March 1780 when he was discharged from the
said service in Morriston in the State of New Jersey that his name has been placed on the pension list, and dropt there from on account of his property.
AND, in pursuance of the Act of the first May, eighteen hundred and twenty, I do solemnly swear, that I was a resident citizen of the United States, on the eighteenth day of March, eighteen hundred and eighteen, and that I have not, since that time, by gift, sale, or in any manner, disposed of my property, or any part thereof, with intent thereby, so to diminish it as to bring myself within the provisions of an Act of Congress, entitled "An Act to provide for certain persons engaged in the Land and Naval service of the United States, in the Revolutionary War,” passed on the eighteenth day of March, eighteen 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.
(Signed)
David Emery
SWORN to and declared on the fourth day of June 1823 before 
Pentiss Miller Chief Justice
of said Court
[illegible]
Page 42

SCHEDULE of the Real and Personal Estate, (necessary clothing and bedding exceptea) 
belonging to me the subscribe, viz; no Real Estate old house hold furniture (besides bedding) 3 chairs one pine table - 1 Labe (Hardwood - 1 Iron Pot & 1 Kettle
both [illegible] 4 knives & forks-- 4 Spoons, 1 Spinning Wheel all in value not Exceeding five Dollars David Emery

SCHEDULE of the family residing with me Daniel Emery who, by occupation a farmer which L am unable to pursue by reason of Rheumatism but a small part of the time
Names.
Abigail my wife)
Cynthia my daughter
Susanna my daughter
Ages.
60 years
30 years
17 years
Capacity of each to contribute to their support.
infirm & has had right wrist broken
born nearly blind & so continues
& I have been at great expense on her account
feeble health
David Emery

That since the exhibition of my first Schedule, the following changes have been made in my property.  The real estate mentioned in my first schedule I have sold and conveyed to Caleb Emery on the 25 Dec 1820 who paid Just Debts against me.
Names of the persons to whom sold.
The Horse, Cow, swine, Calf - & farming tools
sold to Caleb Emery
4 Sheep Vittle & Esaen in my family

Time of Sale.
Dec 25. 1820.

Amount of Money, or description of property receiveed in return.
paid debts against me

David Emery

I, Robert C. Vose Clerk of all the Judicial Courts within the said County of Kennebec do hereby certify, that it appears, to the satisfaction of the Court, that the said David Emery did serve in the Revolutionary War, as stated in the preceding declaration, against the common enemy, for the term of nine months, under one engagement, on the continental establishment. I also certify, that the foregoing oath, and the Schedule thereto annexed, are truly copied from the Records of said Court; and I do further certify, that it is the opinion of said Court that the total amount in value of the property exhibited in the aforesaid Schedule is Six dollars.
In testimony whereof, I have hereunto set my hand, and affixed the seal of the said Court, on this fourth day of June 1823
Robert C. Vase
Clerk of the Court of the
County of Kennebec
Page 43

declaration David Emery
& R. C. Vose, clrk
I David Emery now in the seventy fourth year of my age, now a resident of Fairfield, Somerset County Maine, do upon oath further declare that I made my first Schedule on the 8th June 1820 before the Circuit Court of Common Pleas, and therein stated that I was possessed of one hundred acres of land, with the buildings thereon where I lived valued at Five hundred dollars, and that I was possessed of certain personal property valued at one hundred & forty four dollars making the amount of my schedule 644 and that I justly
owed upwards of six hundred & ninety dollars. I afterwards made & Second Schedule & therein mentioned that I had sold and disposed of my property to pay my just debts - both of said Schedules were sent to the Pension Office and I was informed that neither of said Schedules was satisfactory. I further now upon oath declare, that in consequence of my infirmities I did agree with my son Caleb, to live with me after he become of the age of twenty one years & that he should be paid by the Real Estate I had owned for a number of years. my said son did so live with me and it was by means of his service that I was enabled to keep my family together my wife who has been lame & feeble for a number years and
one daughter now 33 years of age, born nearly blind and has always continued so & on whose account I have been at great expense, and myself lame in my right foot  and left hand for upwards of twenty years, and subject to Rheumatism and a disorder in my head, producing at times deafness, that I have been
unable to labor but a small part of the time, for more than twenty years last past. I served in the Revolutionary war three full years from 1777 to 1780, and was nearly two years of that period under Major Gibbs in General Washington Guard. I have now no property whatever except few articles of old household stuff of little value. And being for a number of years past unable to labor, myself and family must have been chargeable to the town had not my son labored for my support and that of my family David Emery

State of Maine
Kennebec ss. on this twenty seventh day of November A.D. 1827.
the above named David Emery, Personally appeared and made oath to the truth of the above declaration by him subscribed
Before me
Nathan Welton [illegible]
[illegible] S.J.C.
Page 44

I Robert C. Vose, of Augusta, Maine, aged forty four years of age & upwards do upon oath declare, that I have been acquainted with
David Emery within named for upwards of twenty five years last past. Said Emery has been always considered an honest man and has during the while of my acquaintance with him sustained the character of a man truth. I have no doubt the transactions between him and his son Caleb, in relation to purchase and sale of his homestead place, were bone fide, and that, had it not have been for the labor and services of Caleb, after he became twenty one years of age, the old man must have been obliged to apply to the town of Fairfield, in support. I was present when the Said David Emery made his first schedule in Court, before
Judge Westen, and will recollect, that the Judge was fully satisfied that Emery was at that time worth nothing, and he so certified as will appear by the Copy of said Schedule forwarded. If poverty together with long and faithful services in the war of the Revolution are considered prerequisites to entitle one to a Pension, from my knowledge and  aquaintance with the Said David Emery I do consider him fairly and justly entitled to the provisions of the law of Congress of March 18. 1818.
Robert C. Vose

State of Maine
Kennebec ss. Nov 27 1827 then the above named Robert C. Vose being well known to me as a credible witness, made oath to the truth of the foregoing deposition, by him subscribed
Before me, Nathan Weston [illegible]
[illegible] Court

State of Maine
Kennebec ss:
I the subscriber clerk of all the Judicial Court s held within and for the said County of Kennebec do certify that the Hon. Nathan Weston, [illegible] before whom the foregoing proceedings were had is a Justice of the Supreme Judicial Court of said State of Maine & duly qualified as such:
In testimony whereof I hereunto subscribe my name & affix the seal of said Court this twenty seventh day of November A.D. 1827.
R. C. Vose
Page 45

Know all men by these presents that I David Emery of Fairfield in the County of Somerset and State of Maine Yeoman, in consideration of the sum of five hundred Dollars to me paid by Caleb Emery of Fairfield aforesaid Yeoman
the receipt whereof I do hereby acknowledge, do hereby give, grant, bargain, sell and convey unto him the said Caleb, his heirs and assigns forever, a certain tract or parcel of land situated in said Fairfield, being the southerly
half of Lot No 17 and is bounded as follows, towit: beginning on the Kennebec River for its eastern boundary and bounded Southerly by land owned by Ivory Low; Westerly by land owned by George Ellis and Jonathan Tobey
and Northerly by land owned by Ellis Nye and land owned by Isaac Chase containing one hundred acres be the same more or less with all the privileges and appurtenances thereunto belonging. To have and to hold the same to him the said Caleb Emery his heirs and assigns, to his and their use and benefit forever; and
I do hereby covenant with him the said Caleb his heirs and assigns that I am lawfully seized in fee of the premises; that they are free of all incumbrances, that I have good right to sell and convey the same to him the said
Caleb in manner aforesaid, and that I will warrent and defend the same to him the said Caleb, his heirs and assigns forever against the lawful claims of any persons In witness  whereof I the said David Emery have hereunto set my hand and seal this twenty fifth day of December in the year of our Lord one thousand eight hundred and twenty 
David Emery [drawn seal with initials L. S.]

signed sealed and delivered in the presence of  word "The said David Emery"
Interlined before signing
Abijah Smith
Franklin Smith

A true copy of original and entered on record of Registry of Deed for the County of Somerset
Asa Clark
Register of deeds for the County of Somerset
Page 46

Kennebec ss. Dec. 25. 1820 Personally appeared the within named David Emery and acknowledged the within Instrument by him subscribed to be his free act and deed before me
Abijah Smith
Justice of Peace
A true Copy of the original
Attest Asa Clark
Register of Deeds for the County of
Somerset Me.
Somerset ss Reed April 8 1823 and entered with the Records of Deeds for said County Book 13 Page 158
A true Copy of Record
Attest Asa Clark Regr
[FOLLOWING WRITTEN VERTICALLY ON LEFT EDGE OF PAPER]
Copy of Deed
Emery to Emery


State of Maine
Somerset ss. I William Allen, Junior Clerk of the Judicial Courts within and for the county of Somerset in the State of Maine do hereby certify that Asa Clark Esq above named is
Register of Deeds for said county of Somerset and that the above is his signature; that he has no seal of office nor is it usual for Registers of Deeds to have a Seal in this State.
In testimony whereof I have hereunto set
my hand and affixed the seal of the
Supreme Judicial Court for said county at
Norridgewock the eleventh day of November
in the year of our Lord 1824-
William Allen Jr Clerk
Page 47

Declaration evidence for
In the case of
David Emery
Private
Brewer Mass Regt
Sept 1777 3 years
of
Admitted
April 9th 1818
Page 48

I David Emery of Fairfield in the County of Somerset and Common wealth of Massachusetts, being a native citizen of the United States, do on oath declare and testify that from reduced circumstances, I need the assistance of my country for support. & that I served in the revolutionary war as follows (viz) In September 1775 at Canaan in said County, I enlisted into Capt William Scott's Company in the expedition under General Arnold and went towards Canada as far as Dead River. Then returned and went with a detachment under Col. Enos to Cambridge. This service continued about three months. Immediately after which, in December 1775, I enlisted for one year into Capt William Scotts Company in Col. Sargent's
regiment. I continued near Boston till the English left that place I was then stationed at Boston till I was discharged by procuring
another man in my stead. Afterwards on the twelfth day of March 1777 at Winslow in the County of Kennebec, I enlisted for three years in Capt Josiah Jenkins company, belonging to
Col Samuel Brewers regiment. Thence I joined the Continental Army at Ticontaroga, and continued to serve in the Continental army till my term of enlistment was completed. The last
part of the time I was transferred to Genl Washington's guard [illegible] Major Caleb Gibbs, by whom I was regularly discharged from the army at Morristown New Jersey in the year 1780- I had my certificate of discharge in my possession till the fall of 1780 when I lost the same with my clothes & government securities, by a shipwreck, off Portsmouth harbor New Hampshire
David Emery

Kennebec ss. Commonwealth of Massachusetts on this 9th day of April A.D. 1818 The above named David Emery after having been carefully examined, made oath to the truth of the above declaration by him subscribed before me
S S. Wilde
Jus. Sup. Jud Court
for T Common
Page 49

I William Kendall of Fairfield in the County of Somerset Esquire of lawful age do testify and say that I am well acquainted with David Emery the signer of the within affidavit and that I knew him while in the service of the United States, during the term of three years, and was well knowing to his doing service in Capt Jenkins Company in Colo Saml Brewers regiment - and that he did duty in Genl Washingtons guard, and further the deponent saith not
Wm Kendall

Kennebec ss. Commonwealth of Massachusetts
On this 9th day of April A.D. 1818, the above named William Kendall Esqr after having been carefully examined made oath to the truth of the above deposition by him subscribed - before me -
S. S. Wilde,
Jos. Sup. Jud Court
for T Comth

Commonwealth of Massachusetts
Kennebec ss.
The subscriber, Clerk of all the Judicial Courts, held within said County of Kennebec, hereby certifies, that the Honorable Samuel S. Wilde Esq before whom the foregoing proceedings were had is one of the Justices of the Supreme Judicial Court of the Commonwealth and that by the discretion of the said Judge, I have affixed unto this Certificate bearing his signature the seal of said Court. In Testimony
whereof I have hereunto set my hand dated at Augusta this fifteenth day of July Anno Domini 1818
John Davis
Page 50

To the Honorable the Secretary of the
Department of War of the United States.
I the subscriber, being one of the Justices of the Supreme Judicial Court of the Commonwealth of Massachusetts do hereby certify to your Honor, that David Emery, a citizen of the United States, now resident in Fairfield, in the District of Maine & Commonwealth aforesaid On the 9th day of April A.D. 1818 made application to me
to receive his declaration under oath, & such other evidence as was in his power to produce; & to transmit the same with the proceedings to be had thereon to your Honor, that he might be placed on the pension list of the United States agreeably to the provisions of an act entitled "an act to provide for certain persons engaged in the land & naval service of the United States in the Revolutionary War" passed March 18th AD 1818 which declaration & the other evidence produced by the said applicant is hereunto annexed 
And I do further certify to your Honor that after a careful examination of the applicant, & a full consideration of the evidence in the case, it appears to me that the said applicant did serve as a private soldier in the war of the Revolution against the common enemy, & on the continental establishment, for the term of more than nine months as stated in his declaration aforesaid & that from reduced circumstances he needs the assistance of his country for support 
In Testimony whereof I have hereunto set my hand & have caused the seal of the said Supreme Judicial Court to be hereunto affixed
this first day of July A.D. 1818
S.S. Wilde
J. S. J. Court
for T Comth