Revolutionary War Pension and Bounty Land Warrant Application File W. 3517, Jacob Cummings, New York
Page 1

([illegible]-1776) SERVICE New York Cummings, Jacob Mary NUMBER N. 3517. Born in Conn. (Connecticut) CONTENTS
Page 2

New York 01 Jacob Cummings of Tioga in the state of N. York who was a Private in the Company commanded by Captain Willsey of the Regt. commanded by Col. Dubois (line drawn) in the N. York line for 14 months & 26 days Inscribed on the Roll of New York at the rate of 49 Dollars 52 Cents per annum to commence on the 4th day of March, 1831. Certificate of Pension issued the 1st day of April 1853 (two lines drawn) and [illegible] Th. Maxwell [illegible] Arrears to the 4th of Mar '53 $99"04 ($99.04) Semi-anl. allowance ending 4 [illegible] 24"76 ($24.76) (line drawn) $123"80 ($123.80) Revolutionary Claim, Act June 7, 1832 (in brackets) Recorded by Geol Stiles Clerk, Book [illegible] Vol. 4. Page [illegible]
Page 3

1098 Pennsylvania Philade (Philadelphia) (page copy marks) Mary Cummings (page copy marks) widow of Jacob who served in the Revolutionary war, N.Y as a private Inscribed on the Roll at the rate (page copy marks) 49 Dollars 52 Cents per annum, to commence the 4th day of March, 1848 [illegible] August 1st [illegible] Certificate of Pension issued this 7th day of Jany (January) [illegible] and sent to Thos Maxwell Elmira N. York Recorded on Roll of Pensioners under [illegible] July 29, 1848, Page 103. Vol. [illegible]
Page 4

No 11432 (underlined) Jacob Cummings (underlined) 5 8 Sep '32 (underline) 13 Dec (underline) P 153. Th. Maxwell. [illegible] Elmira N. York
Page 5

No 11432. BRIEF in the case of Jacob Cummings, of Elmira, County of Tioga in the State of New York. (Act 7th June, 1832.) 
1. Was the declaration made before a Court or a Judge? In Open Court. 
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? (long line drawn) 
3. How old is he? 67, Years. 
4. State his service, as directed in the form annexed. Period. | Duration of Service. Years, months, Days.| Rank. As a | Names of General and Field Officers under whom he served. Gen. 
April In 1780. | about 1.[Month] | Substitute |Capt Willsey August 1780 | 3. [Months] & about 20.[Days] | " [Substitute]  | Capt Joseph Dubois. Col Dubois. 
April 1781. | about 1 [Mo. & 14 [days] | Volunteer | Capt Willsey. 
Sept. 21. | " [About] 21 [days] | "[Volunteer] |  Do  Do [Capt. WIlsey
Spring. 1782. | 8. [Mo] | private | Capt. Borden. Major Gideon Brown 
5. In what battles was he engaged? None. 
6. Where did he reside when he entered the service? Pittstown, County of Albany, New York 
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? By traditionary Evidence. 
8. Are the papers defective as to form or authentication? and if so, in what respect? [long line drawn] 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned. 
[Signed] James Ord Examining Clerk.
Page 6

Declaration 
In order to obtain the benefits of the act of Congress of the 7th July 1838 entitled "an act granting half pay and pension to certain widows" 
State of New York
County of Chemung SS On this 12th day of May, 1846 personally appeared before the subscriber a Judge of the Court in & for said county & state Mary Cummings of Rutland Pa, near the line of the State of New York, aged Seventy three years last June, 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 7,1838 entitled "An act granting half pay and pension to certain widows" That she is the widow of Jacob Cummings late a soldier in the war of the Revolution & a pensioner of the United States. She further declares that she was married to the said Jacob Cummings in September 1790 Seventeen hundred and ninety, that she was Published in Voluntown Ct. but married in Coventry R. I.  that her husband, the said Jacob Cummings died on the 30th day of April 1844 eighteen hundred & forty four that she was not married to him prior to his leaving the Service January Seventeen hundred and ninety four, viz, at the time above stated
[Signed] Mary her X mark Cummings

Subscribed & Sworn before me on the date above stated
G. W. Miller
Judge of Chemung County Courts

I certify that the above named Mary Cummings is a respectable person, that she cannot from bodily infirmity attend the court - 
[Signed] G. W. Miller
Judge of Chemung Co. Courts

State of New York Chemung County Clerks Office SS  I Simeon L Rood Clerk of said County do hereby certify that George W Miller Esquire before whom the above deposition was made was at the date thereof a Judge of the County Court held in and for said Chemung County duly commissioned and qualified to act as such Judge and further that I am well acquainted with the hand writing of the said George W. Miller Esq. and verily believe his signature above subscribed to be genuine
In Testimony Whereof I have hereunto set my hand and affixed my official Seal at Elmira this 12th day of May A D 1848
[Signed] S.L. Rood Clerk
Page 7

TIOGA COUNTY, SS.
I, James P. Magill, Register for the Probate of Wills and
granting Letters of Administration in and for the County of
Tioga, in the Commonwealth of Pennsylvania.
Levi Osgood
Do send Greeting: Whereas Mary Cummings
late of Rutland Township, Tioga County, Penna,
deceased, lately died intestate, (as 'tis said, having whilst she lived and at the time of her decease, divers goods
and chattels, rights and credits within the said county, by means whereof the disposition and power of granting
Letters of Administration thereof, is manifestly known to me; I therefore, desiring that the goods and chattels,
rights and credits, which were of the said deceased, may be well and truly administered, converted and disposed of
according to law, do hereby grant unto you the said Levi Osgood

in whose fidelity in this behalf, I very much confide,) full power, by the tenor of these presents, to administer the
goods and chattels, rights and credits, which were of the said deceased, within the said county; as also to ask
collect, levy, recover and receive the credits whatsoever of the deceased, which at the time of her death were owing
or did any way belong to her and to pay the debts in which the said deceased stood obliged, so far as the said
goods and chattels rights and credits will extend according to the rate and order of law; you the said
Levi Osgood
well and truly administering the good and chattels,
rights and credits, which were of the said deceased, and making a true and perfect inventory and conscionable appraisement
thereof; and exhibiting the same into the Register's Office at Wellsborough, on or before the
19th day of March next ensuing; and also a true and just account, calculation and reckoning
of your Administration upon your solemn oath or affirmation rendering on or before the nineteenth
day of February in the year of our Lord one thousand eight hundred and fifty four
And I do, by these presents, order, constitute and appoint you the said Levi aOsgood
-----------------
-- the Administrator of all and singular the goods and
chattels, rights and credits, which were of the said deceased, within the limits aforesaid, saving harmless, and for
ever indemnifying me and all other officers, against all persons whomsoever, by reason of your Administration
aforesaid, and saving all others their rights, &c.
In Testimony whereof, I have hereunto set my hand and caused the seal of said office to be
hereunto affixed. Dated at Wellsborough, the 19th day of February Anno Domini, one thousand eight hundred and fifty three 
A. P. Magille
Register.
Page 8

At a County Court held before A.S. Thurston Esquire
County Judge of the County of Chemung in the State of New York on the 22 day of February 1853

Present
A S. Thurston County Judge
Personally appeared in the Court aforesaid Levi Osgood of Rutland Township, Tioga County Penna the administrator of the goods chattels and credits of Mary Cummings late of Rutland aforesaid who being duly sworn according to law makes the following declaration:
That the said Mary Cummings was the widow and relict of Jacob Cummings deceased who was a revolutionary pensioner of the United States under the act of June 7, 1832 for services in the war of the Revolution and that his name appears on the Pension List Roll of the Albany Agency at the rate of forty nine 52/100 dollars per annum being placed thereon on the 1st April 1833, commencing March 4th 1831. that the said Jacob Cummings continued to receive such pension until the time of his death which occurred on the 30th April 1844, for proof of these facts he refers to the rolls in the war department & the papers in the case when his application was filed and to the certificate of his pension which was returned when the balance of his pay was drawn by his widow up to the time of his death: That the widow of the said Jacob Cummings, the said Mary Cummings survived him & remained his widow until on or about the 18th of August 1852 when she died at Rutland aforesaid: That they both died at the house of this deponent. That she was married to the said Jacob Cummings in the year 1792 or 1793 as he is informed & believes & as will appear by the papers hereto annexed. That the said Mary
Page 9

Cummings applied for a pension during her life time through Arad Joy Esq her counsel, but was not then or had not been able to procure the proofs of the marriage which have been since obtained and are now hereto annexed.
He makes this declaration for the purpose of obtaining the pension to which the said Mary Cummings would have been entitled to the day of her death, (in virtue of the pension granted to her said husband) to wit the 18th August 1852 -
[Signed] Levi Osgood
Sworn in open court the 22 day of Feb. 1853.
[Signed] S. C. Reynolds Dep Clerk
Chemung County 

I certify the above to be the original proceedings of the said Court in the matter of the application of Levi Osgood admin of Mary Cummings dec'd
Witness my hand & the seal of said Court
Feb 22 1853
[Signed] S. C. Reynolds Dep Clerk
Chemung County
It satisfactorily appears to the said Court that the said Jacob Cummings a revolutionary pensioner as above stated died on or about the 30th April 1844 and that his wife Mary Cummings survived him until the 18th August 1852 and that the above
named Levi Osgood as appears by the papers annexed has been duly appointed admin of the said Mary Cummings decd
Feb 22. 1853
[Signed] S. C. Reynolds Dep Clerk
Chemung County
Page 10

11452
Jacob Cummings
P. Office Elmira. NY.
Care W Maxwell agent

14 mo 26 [illegible]
[scribbled math]
333
14
1332
333
46.60
2.86
49.50

[scribbled math to the side]
26
11
6
286
Page 11

State of New York
Tioga County ss. Jacob Cummings the applicant in the annexed declaration being duly sworn before the undersigned Justice of the peace in & for said County 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 recollection he served not less than the periods mentioned below and in the following grades—
In the month of April 1780 he served one month as a substitute for his brother in a company of militia in the county of Albany N.Y. commanded by Capt. Cornelius Wilsey, Lt. Halseback & Ensign Harvey, service performed at Fort Edward, Fort Ann & Skeensboro as stated in the declaration.
1 month.
In Aug. 1780 enlisted for 3 months in company commanded by Capt. Joseph Darlinhouse in the Regt. commanded by Col. Dubois, service performed at the labor & fortifications at West Point, Stony Point & Fort Montgomery – dismissed at Schoharie, having been in service 3 months & 20 days.
3.20d
In 1781 he turned out in the company of Lieut. Ames mentioned commanded by Capt. Wilsey & Lt. Halseback & Ensign Harvey. Having marched to Skeensboro where he was discharged after being in service one month & 15 days.
1.15
In September 1781 again volunteered in the same company commanded by the above named officers & marched to Fort Ann & there discharged having served 2 months & 1 day.
.21
In the spring of 1782 he enlisted in a company commanded by Capt. Braton, Lt. Powers & Ensign Dimick in a Battalion commanded by Major Gideon Brownson and served his time at the Garrison Castleton & Annance, where he was discharged.
8.00

making all his services fourteen months and —
Page 12

twenty six days for which he claims a pension.
[Signed] Jacob Cummings
Sworn & Subscribed before me the 9th day of Feb. 1833
[Signed] W Maxwell Justice of the Peace Tioga C, N.Y.

State of New York
Tioga County SS
I Green M. Tuthill clerk of the said county do hereby certify that the above named William Maxwell before whom the above affidavit was on the day of the date thereof a Justice of the peace in & for said county duly qualified & that his signature above subscribed is genuine. Witness my hand & seal of office the 9th day of Feby 1833
[Signed] G M Tuthill Clerk
Page 13

At a Court of Common pleas held at the Court house
at the Village of Elmira in & for the County of Tioga in
the State of New York, commencing on the first Tuesday
in September 1832. the same being a Court of Record
having Seal & Clerk
Present
Hon G. B. Baldwin First Judge
John R Brake
Davies Bentley
Elijah Shoemaker
Joseph L Darling
}Esquires Judges
State of New York 
Tioga County } ss
on the 5th September 1832 personally appeared in open court before the above named Judges
new sitting Jacob Cummings, late of Jackson County
of Tioga and State of Pennsylvania, now of the said
Town of Elmira, aged sixty seven years & upwards
who being duly sworn according to law doth on his oath
make the following declaration in order to obtain the
benefit of the act of Congress passed June 7, 1832
That he entered the service of the United States at Pittstown 
in the County of Albany, State of New York, in the latter
part of April 1780 as a Substitute for his father in a company
of Militia commanded by Capt Cornelius Willsey, Lieut
Thomas Halsted & Ensign John Harding, was marched to
Fort Edward, Fort Ann, & Skeensborough (now Whitehall)
in the northern part of the said State when after having been
in service about a month, he was dismissed at the
latter place.
about the last of August 1780 a class of about 15 men in
Pittstown [illegible] required to furnish a man for three
months when the deponent, as their substitute (their names
he does not recollect) enlisted in a company commanded by Capt 
Joseph Dubois, Lieut Peake (of Schenectady) in the Regiment
commanded by Col Dubois: marched from Pittstown to
Albany thence to West point, thence to Stoney Point, thence
Page 14

to Crum Pond where they remained after weeks + were ordered to return to West Point, from whence after remaining a few days there were taken onboard [illegible] to Albany, thence to Fort Plain where they staid about ten days. Here a detachment from Dubois's Regiment was around to Fort Herkimer (the deponent being one of them) under command of Adjt. McConnel. at Fort Herkimer they were placed under the Command of Capt. Breadback. they remained there about a month when Capt. Dubois having [illegible] there took the command of them and marched with them to Lake [illegible] where they were dismissed having been in service about 20 days over there term of Three months. this was late in Dec of 1780

About the last of April 1781 there was an alarm in con-sequence of troops marching into the northern part of New York from the Canadas when he [the next word "again" is struck through] volunteered in Capt. Willson's company, but then under command of Lieut Halsted and Ensign Harding and marched from Pittstown to Skeensborough and was there dismissed after having been in service about a month [illegible]

In September of the same year (1781) he was again put under Capt Willson and Lieut Halsted and Ensign Harding and marched from Pittstown to Fort Ann and was then in service about three weeks.

Early in the Spring of 1782, he enlisted for Eight months at Pittstown aforesaid in a company said to be commanded by Capt Borden, who was not with the company but which was commanded at the time by Lieut Powers and Ensign (or 2d Lieut) Dimmick. under the command of Maj. Gideon Brownson and marched to Castleton (Vermont) where they remained in garrison until his said term of Eight months had expired when he was discharged late in the fall.

His whole term of service making in all fifteen months. He states that he never had a written discharge
Page 15

at the expiration of his periods of service: that he has no documentary evidence of his services, nor does he know any person living by whon he can prove them. 
The he was born at Willington, Windham county Conn. on the 13th Feb. 1765 has no record of his age

That he removed to Whitinham Vermont when quite [illegible], live there a few years and thence to Pittstown, Albany Co. N.Y. where he remained remained until after the war; then to Sterling in Conn. where he lived for 8 years. Then returned to Pittstown aforesaid, where he staid about 4 years. Thence to Herkimer County N.Y. where in the towns of Norway, [illegible] and Newport he continued [illegible], thence to Jackson Tioga Co. Penn, where after remaining several years he removed to Warren County Ohio and [illegible] about 7 years and then returned to Jackson in the said County of Tioga where he has lived in all about 9 years and where he has continued to reside until a few [illegible] past. The the continental officers whom he knew while in service were Generals, Stark, [illegible], [illegible], Arnold, Lincoln and Knox: and Colonels Ethan Allen and Seth Warner. 

That he [illegible] to [illegible] A.G. White Revd Simeon R Jones and John [illegible] of Southport in the said County of Tioga and Maj. Seth Daggett of the Town of Jackson in the County of Tioga. Penn a for the general belief in regard to his revolutionary services in the neighborhood of his former residences

He hereby relinquishes every claim whatever to a pension except the [illegible] and declares that his name not on the Pension Roll of the agency of any State. 

Sworn [illegible] and [illegible] aforesaid

Jacob Cummings
Page 16

The Simeon R Jones a clergyman of the Town of Southport in the County of Tioga and Seth Dagget of the township of Jackson in the county of Tioga Penna.
Do hereby certify that we are well acquainted with the aforenamed Jacob Cummings who has subscribed and sworn to the foregoing declarationL that we belive him to be of the age he represents: 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 [illegible] and [illegible] aforesaid
[signed] Simeon R Jones 
[signed] Seth Dagget
[signed] Green M Luthice Clk

And the said Court do hereby declare their opinion after the investigation of the matter and propounding the questions prescribed by the War Department that the above named Jacob Cummings was a Revolutionary Solders and served as he states. That the Revd Simeon R Jones who has subscribed the foregoing certificate is a clergyman resident in the town of Southport in the said County of Tioga and Maj. Seth Dagget who has also signed the same is a resident of the township of Jackson in Tioga County PA and is a worthy reputable citizen; that their statement is entitled to full faith and credit
[signed] G.B.Baldwin First Judge

I Green M. Luthice Clerk of the said County do hereby certify that the foregoing contains the original proceedings of the said [illegible] the matter of the application of Jacob Cummings for a Pension. Witness my hand and [illegible] of office the 6th September 1832
[signed] Green M Luthice
Page 17

This may certify the subscribers whose names are hereunto affixed have been acquainted with Mr Jacob Cummings for a considerable number of years and have always considered him an honest industrious man and a man of truth and veracity. We have always believed him to have been a soldier in the war of the revolution and he has so far as we know been considered as such in his neighborhood his age we should think is nearly seventy years
[signed] Reuben Daggitt
Miller Vaughan
John Copper
H.B.Roberts
[followed by several illegible signatures]
Page 18

Joseph Bly
S.L. Parmerter
Tylee White
Jarvis Darling
Mathew Dill
Seth Daggett
Page 19

Pension Office
June 22d 1853
Sir:
In the case of Mary Cummings, deceased widow of Jacob , I required proof of who are now the surviving children of the claimant to be certified as satisfactory by a court of record.
The witnesses vary as to the marriage from 1792 to 1794, and the widow declared it was in 1790. Evidence of where the [illegible] were published, would help to clear the question. 
I am, respectfully, your Obt. Svt [illegible] Commissioner

Thomas Maxwell Esqr. 
Elmira, N.Y.
Page 20

In Surrogate Court Chemung County New York
July 20 1853 
Present
AS Thurston, Surrogate
It is hereby certified that satisfactory hereof has this day been adduced to this Court that Mary Cummings widow of Jacob Cummings late of Ruth and Tioga County Penna (the said Jacob having been a Revolutionary pensioner) who died in August 1852 left surviving her the following children towit.
Polly the widow of Benjamin H Blye residing in Jackson Township Pennsylvania Tioga Co still surviving and of lawful age
Hannah the widow of Joseph Moore now residing in Chemung County NY still surviving and of lawful age
Olive wife ogf Levi Osgood of Ruth and Tioga Co Penna still surviving and of lawful age
Tyler Cummings resident in Ohio surviving when last heard from and of lawful age
Jonathan Cummings resident in Ohio, surviving when last heard from and of lawful age
Ruth Rathbon wife of Jas. E Rathbon supposed to be in Iowa, surviving when last heardd from and of lawful age
In testimony whereof, I have hereto set my hand [illegible] the [illegible] of the said Court
[Signed] Anit S. Thurston
Chermung County [illegible]
Page 21

Revy WIDOW, &c.
File No. 3517
Mary Cumminigs
Widow
Jacob Cummings
[illegible] Rev. War
Act: July 29,1848
Index:- Vol. [illegible], Page 160

[Arrangement of 1870.]
Page 22

No 1319
Mary Cummings, decd,
widow of Jacob,
Pa
Act 29 July 1848
Page 23

V L [redacted] 12.975
Hon. B R Wood
14 Aug 46
[redacted]
Hon D. Wilmot Aug.15th 46
Let to Arad Joy Nov. 2 46
same, Dec. 17, 1846
Thos Maxwell June 22, 1853
Same Sept 15. 1853
Rejected
Act July 7 1838
Page 24

Volen[illegible] 6
May 13 AJ
Arad Joy Town of 
Ovid N. York
Via Newburgh & Owego
Page 25

[illegible] May 1846
Dear Sir
Yours of April 14th is received
and in answer I can only say there is no
Record of intention to marry of the families
you mention either on the Town or Church
records. I have forwarded your line
to the Town Clerk in Coventry N. Y.
Elisha Potter
No

It would seem from the above that there is
no record of the intention of Marriage, probably
the marriage in the attached papers is
full & will be satisfactory
Page 26

Levi Osgood [illegible] Bond
Sarah Cummings married 1790
Jacob Cummings Died Apr 30 1844
Sarah Cummings died Aug 18 1852
Polly Blye 1 Hannah Moore 2 Olive Osgood 3
Tyler Cummings 4 Jonathan Cummings 5 Ruth Rathbon 6
Admit under 29 July 1848 if at all
Page 27

Levi Osgood Admr
$800/00 Bond
Page 28

Tioga County [illegible]
J. James P Magill Register for the Probate of Wills and granting Letters of administration in and for the county of Tioga, in the commonwealth of Pennsylvania do hereby certify that Levi Osgood was appointed administrator of Mary Cummings late of Rutland township Tioga County, Pa, deceased, and that said Administrator gave good and sufficient Bail in the sum of Eight Hundred Dollars for the faithful performance of said trust the testimony whereof I have hereunto set my hand and cause the deal of said office to be hereunto official. Dated this 20th day of December. A.D. 1853 at [illegible], Pa
J.P.Magill. Register
Page 29

State of Pennsylvania,
County of Tioga [illegible] Mary Bly of said County being duly sworn according to law, [illegible] 2 days that Mary Cummings who is applying for a pension as the widow of Jacob Cummings late a pensioner of the United States is this deponents mother, and that the said Jacob Cummings was this deponents father, that this deponent is the third child of her said father and mother and that their upwards of fifty years of age, that her said father died on the 30th day of April 1844 leaving his widow Mary Cummings the present applicant for a pension and who still remains his widow subscribed and sworn before me this 30 day of May 1846
[signed] Mary Bly
[signed]M Murdaugh J P

I certify that the above named Mary Bly is a respectable person - M Murdaugh JP
Page 30

12973
Mary Cummings
La
Act 7 July '38
Page 31

State of Pennsylvania,
County of Tioga - [illegible] Joshua G Spencer of said county age fifty six years, being sworn accorrding to law, dposed and says that he has been for eighteen or twenty years personally acquianted with widow Mary Cummings, and her late husband Jacob Cummings, who was a pensioner of the United States, and with their family this [illegible] and says that Mary Bly the third child of the said parties is [illegible] fifty years of age, and that the eldest child of the said parties [illegible] would have been only one or two years younger than this deponent, that the [illegible] Jacob Cummings died on the 30th day of April 1844 leaving his widow the said Mary Cummings who still remains his widow. 
Subscribed and sworn before me this 30 day of May 1846
[signed] Joshua G Spencer
[signed] M Murdaugh JP

I certify that the above named Joshua G Spencer is a respectable person
[signed] M Murdaugh JP

State of Pennsylvania
County of Tioga - [illegible] David Holdridge, of said county aged sixty [illegible] years, being duly sworn according to law deposed and says, that for twenty seven years he has been personally acquainted with Mary Cummings the present applicant for a pernsion and with her late husband Jacob Cummings who was a pensioner of the United State, that he was acquainted with family of the said parties, that the eldest child [illegible] said parties, of [illegible] living would have been fifty four or fifty five years of age, that Mary Bly is the third child of the said parties and that she is fifty years of age and upward. That the said Jacob Cummings died on the 30th day of April 1844 leaving his widow the present applicant for a pension, the said Mary Cummings, who still remains a widow. Subscribed and sworn before me this 4 day of June 1846
[signed] Daniel Holdrige 
[signed] M Murdaugh JP

I certify that the above named David Holdrige is a respectable person 
[signed] M Murdaugh JP
Page 32

State of Pennsylvania
[illegible] County
John F. Donaldson Prothonotary of
the Court of
Common Pleas of said County
Certify M. Murdough Esq. to be a
magistrate as within and that the signature purporting to be his is genuine.
In testimony & whereof I have hereunto
set my hand and affixed my seal
of office this 12th day of September 1846

[text written vertically at the bottom of the page is transcribed on page 24 of this file]
Page 33

Mary Cummings Pa [illegible] 38
Free
FREE
[stamped] ELMIRA N. Y. DEC 28
To the Comr of Pensions
Washington D C
Page 34

Elmira NY Dec 28 1853
To the Comr of Pensions
Sir
In your letter of the 15th Sept. 1853 in reference to the claim of the admr of Mary Cummings [illegible] you require that the penalty in the Bond of the [illegible] should be seven - I now enclose the certificate of the [illegible] as to that matter.
I can add no more as to the date of the marriage. If not satisfactory as being before the 1st Jan 1794 it certainly must be as to its being previous to 1800. The time of marriage being now extended I suppose very rigid proof will not now be required as to the date as she must of course come under or or other of the net -
Respectfully
[illegible]
[signed] TH Maxwell
It is desired that the certificate (if granted) should [illegible] to the admr
Page 35

Mary Cummings died
widow of Jacob
Pa

Admitted under act of
July 29. 1848
at $49.52 per annum
From Mar 4, 1848 to August
1, 1852 in which month she died

Certificate to issue to
Levi Osgood Adm
for the benefit of
Polly Blye
Hannah Moore
Olive Osgood
Tyler Cummings
Jonathan Cummings &
Ruth Rathbow her
only surviving children

Agent
Thos Maxwell
Elmira
N. Y.
Page 36

Brief in the case of Mary Cummings, dec'd, widow of Jacob
Tioga County and State of Pennsylvania
act July 29, 1848
Claim, (original)
Proof exhibited, (if original.)
Jacob was pensioned under act of 32 at $49.52
Is It documentary, traditionary, or supported by rolls? If either the substance.
marriage - paral proof
Widowhood- Identity. names of children, & Admr bond
proved and certified
(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?

Name and residence of Agent
Thos Maxwell
Elmira N.Y.

S. G. Dodge
Examining Clerk.
Page 37

Jacob Alleges
in his declaration
that a portion of
this time he was in
service under Capt
Dubois. and he
does not claim
any such [illegible]
as this
Page 38

State of Vermont
Secretary of States Office
Burlington Dec 2 1846.

I J Mc M Shafter Secretary of State of [illegible]
hereby certify that upon an original
Pay roll of the revolutionary service of Capt
Jesse Sawyer Company of Rangers belonging
to Maj. Eben'z Allen's Detachment [illegible]
in this office occurs the name of Jacob
Cumming with an allowance to him for
six months and seventeen days service from
June 18th 1780 to January 3d 1781, inclusive.
In witness whereof I have hereunto
set my hand and affixed the seal of this office
at Burlington this 2nd day of
December AD 1846.
J Mc M Shafter
Page 39

Ovid N.Y. Oct 16th 46
Sir
On the 20th June I forwarded through
Hon D. Wilmet. M. C. the Declaration of Mary
Cummings of New York, under law of 1838
please report the result to me, as I have not
heard one word from it, after a delay of
about 4 months.
Respectfully
Your Obt & servt
Arad Joy

Hon JL Edwards
Court of Pensions
Washington DC
Page 40

Ovid N.Y. Dec 10.46
Dear Sir
I enclose 2 certificates, which I
have obtained, under the requisition of your
letter of Aug 15.46 in the case of Mary
Cummings --- you have on file with her
papers a certificate of her marriage, if I
do not mistake, which will clear up that
point.
Respectfully
Your Obt Sert
Arad Joy

Hon J. L. Edwards
Court of Pensions
Washington D. C.
Page 41

Jacob Cummings, Act 1832 $49.52, per annum,
Died 30 April 1844, paid
F Bish
Auditor
Page 42

Pension Office
Jany 5 1854
Sir
I Jacob Cummings, New York Rolls, Act June 7
1832, at $49.52 per annum. Please state
to what time paid.
Very Respectfully
S. Cole for
Com of Pensions

F Burt Esq
Third Auditor
Page 43

Washington 11. 1826
Dr Sir
you will please examine the enclosed
and address me upon the subject of
Tonawanda Bradford Co Penna
Respectfully yours
D. Wilmot
Page 44

[stamp] ELMIRA NY JUL 21
FREE

To the Comr of Pensions
Washington DC
Page 45

Elmira NY July 21 1853
Sir
I return your communication with the
proof required. The same evidence was annex'd
to the papers forwarded with the application
which must have been overlooked.
A comparison of the ages of the family
would shew that the marriage must have
taken place in '90 or 91. But as it adds
little to the proof already before you I
have not attempted it. I think we
can add nothing more to explain
the time of marriage at this late day.
Respectfully
Yr Obs
Th. Maxwell

To the Comr of Pensions
Page 46


In pursuance of a law passed the 27th of April, 1784, entitled ""An act for the settlement of the pay of the Levies and Militia, for their service in the late War, and for other purposes therein mentioned," the following
certificates have been issued, bearing interest at five per cent per annum, viz:
25 th Oct. 1780
Jacob Cummings
priv
6
18 ┃ 8
2 mo. 18 [ illegible]
STATE OF NEW YORK
COMPTROLLER'S OFFICE, Albany, 18th Nov 1846
I hereby certify the above to be true extracts from Book No. 6
now remaining in this
office, and that the service for which the certificates above named were issued, were performed under the following
officers, viz:
First-under Capt. Benj. Dubois
in Col. Lewis Dubois
Reg't.
STATE OF NEW-YORK.
Second ""
Third ""
Fourth "" 
Fifth ""
Sixth ""
Seventh ""
Eighth ""
Ninth ""
Tenth ""
Eleventh ""
Twelfth ""

Philip Phelps
Dept [illegible]
Levi Osgood
Page 47

Levi Osgood adm'r
of Mary Cumming dec'd
declaration
& supplementary proofs
Th. Maxwell Atty
Elmira NY

Jac Dec'd Apr 30. 1844
rec'd Aug 18 1852
or thereabout
remained his widow
Levi Osgood adm'r
Marriage 1792 or 93
Dr 90.00
Page 48

The State of Ohio
Ashtabula County
Personally appeared
before me Thomas Oliver a Justice of the
Peace in and for the County aforesaid
David Franklin and made solemn
oath that he was sixty five years of
age on the 23d day of April last that
he is a resident now of the Township of
Monroe in the County of Ashtabula and
State of Ohio - That he is the Brother
of Mary Cummins of the Township of
Rutland in the County of Tioga and
State of Pennsylvania and she is the
widow of Jacob Cummins late of
Rutland aforesaid deceased. Mary
Cummins is about Eleven years older
than myself Mary Cummins was
married to said Jacob Cummins in
the Town of Coventry in the State of
Rhode Island in the year 1793 or
1794 Mary and myself were both
residing at my fathers House at
the time of her said marriage I
recollect the time of the marriage distinctly
but am not able to swear that I
saw the ceremony performed. I am
certain that I cannot be mistaken
as to the date of the marriage from
this fact. I know that at the time
Mary was married I was about
seven years of age. They continued
to live together as husband and wife
Page 49

from that time until the death of
the said Jacob and I was acquainted with
them during all that time and during
much of the time lived near them.
They have raised a large family. I have no
Record to refer to, and speak wholly from
recollection, their oldest child died. The
second one was a daughter. She I
think now about fifty five years of
age her name was Mary and she
is I suppose now living in the State of
Pennsylvania - I should think that
about six years after their marriage
Mary and her husband Jacob Cummins
Removed to the State of New York.
I did not see them again until I
was Twenty one years old, at that time
I paid them a visit and settled
them. I recollect distinctly the appearance
of the family at that time they had
then several children of which Mary
was the oldest-- I think she was then
Eleven years of age or near that.
I have no interest whatever in the
result of this claim. I know nothing
of the services of the said Jacob Except that
I have frequently heard him relate incidents
that occurred while he was in the service
and I always regarded him as a man
of veracity whose word could be
relied upon.
David Franklin
Page 50

from that time until the death of
the said Jacob and I was acquainted with
them during all that time and during
much of the time lived near them.
They have raised a large family. I have no
Record to refer to, and speak wholly from
recollection, their oldest child died. The
second one was a daughter. She I
think now about fifty five years of
age her name was Mary and she
is I suppose now living in the State of
Pennsylvania - I should think that
about six years after their marriage
Mary and her husband Jacob Cummins
Removed to the State of New York.
I did not see them again until I
was Twenty one years old, at that time
I paid them a visit and settled
them. I recollect distinctly the appearance
of the family at that time they had
then several children of which Mary
was the oldest-- I think she was then
Eleven years of age or near that.
I have no interest whatever in the
result of this claim. I know nothing
of the services of the said Jacob Except that
I have frequently heard him relate incidents
that occurred while he was in the service
and I always regarded him as a man
of veracity whose word could be
relied upon.
David Franklin
Page 51

The foregoing statement of David Franklin
was sworn to and subscribed before me
this 5th day of June 1837. And I further
certify that from the appearance and
whatever I know of the said David
Franklin I should think him entitled
to full credit as a witness
Thomas Oliver Justice of the Peace
THE STATE OF OHIO,
ASHTABULA COUNTY SS.
I, ABNER KILLOG, Clerk of the Court of
Common Pleas of said County of Ashtabula, Certify that
Thomas Oliver Esquire, by whom the
annexed and foregoing affidavit was
taken, was at the date thereof, and acting Justice of the
Peace, within and for the said county, duly qualified, and
as such, duly authorized to take the same. And further
that I am acquainted with the hand writing of said Justice
and believe the signatures purporting to be his genuine
Testimony Whereof, I hereunto set my hand and affix the Seal of said Court, [illegible], the 5th day of June A.D. 1851
A, Kellogg, Clerk
Page 52

State of New York
Chautauqua County} ss
Caleb Weaver of said County
duly sworn says that he was well acquainted with
Jacob Cummings before + at the time of
his Marriage with Mary Franklin of Coventry in
the County of Kent & State of Rhode Island, depones
Married Hannah Franklin a sister of the said
Mary on the 7th day April 1793. deponent recollects distinctly
the publication of the Marriage of the said Jacob
Cummings & Mary Franklin Some three Sundays
before the marriage took place as was the Custom
in those days at the Church, deponent was not present
at the marriage but thinks & believes it took place
about one year before his own marriage in April 1893
the said Jacob Cuming &Mary his wife lived together about
one mile distance from deponent as man and wife about
three or four years, during which time they had
two children, the oldest was named Josiah, the
Second Child was a daughter but do not recollect her
name. The said Jacob Cummings moved his
family from the County of Kent to the State of New York
some four or five years after his marriage after
which time deponent often heard of him but had
no further acquaintance with him, deponent children
+ said Cummings Children visited each other
while they lived in the State of New York, deponent
was well acquainted with Joseph Weeks a Justice of
the peace in the town of Country, I know he acted as such
Justice, deponent was twenty one years old. lacking 1 month
+ two days when he was married deponents wife Hannah at the time of their Marriage was Nineteen years of age & Younger than the
said Mary Franklin deponent cannot state the age
of said Mary. Josiah Cummings the first child
of said part & Mary Cumming died before they moved
Page 53

from Coventry deponent has been informed that the
said Mary Cummings died in the month
of August last past, in the town of Rutland
Tioga County in the State of Pennsylvania
Deponent is now eighty one years age the
Ninth day of May 1852.
Caleb Wever
Subscribed + sworn before me this 28th day of
October 1852
Allen Hinckley Justice of the peace
State of New Yok
Chautauqua County ⎬ ss
I Orson Stiles Clerk of the said
County and of the Courts thereof do hereby certify that
Allen Hinckley Esq whose name is subscribed to the above
jurat was at the date of the same a Justice of the Peace
in & for said County duly elected and sworn & authorized
to administer and certify oaths and that his signature
Subscribed to said jurat is genuine.
In testimony whereof I have hereunto set
my name and affixed the seal of said County
this 1st day of November A.D. 1852
O. Stiles Clerk