Revolutionary War Pension and Bounty Land Warrant Application File S. 44,562, Jesse Averill, Continental (Vt.)
Page 1

(3—1776)

Averill, Jesse

SERVICE
Continental (Vt.)

NUMBER
S. 44.562

CONTENTS
Page 2

20.899.

New=York.

Jesse Averill
of Washington Co. in the State of New York
who was a Private in the company commanded
by Captain G. Brunson of the Regiment commanded
by Colonel S. Warner in the Vt
line, for the term of two years
from Oct. 177 to Oct. 1779

Inscribed on the roll of New York
at the rate of Eight Dollars per month, to
commence on the 29th day of July 1829.

Certificate of Pension issued the 7th of August
1829 and sent to Woods & 
Bishop, Granville, Washington Co. N. Y.

Amount due 4 Sept. 1829    $9:83
One Mo:            $8
3 days in July        77
4 days in Sept. $1.6
                           ––––––
                           $9:83

{Revolutionary Claim,
Acts March 18, 1818,
and May 1, 1820.}

Book C. Vol. 5.
Page 60.
Recorded by J.L. Edwards.
Page 3

Jesse Averill et tux
To Lyman S. Averill et at }

Mortgage

Recorded
filed $1.42


Red. October 7. 1822 at
12, noon
Page 4

Washington County ss}

On the fourth day of October A.D. 1822 before me Samuel Standish Jr. Commissioner of said County personally appeared Jesse Averill and Elizabeth his wife Grantors of the within Instrument of conveyance and to me personally known who respectively acknowledges that they Executed and delivered the same as this free act am Sirs for the purposes. therein mentioned and the said Elizabeth being by me examined privately and apart from her said Husband acknowledges that she executed the same freely without any fear or comopulsion of her said husband and I having personal the same and finding no material alteration except noted do allow it to be recorded

Samuel Standish Judge


Recorded in the clerks office Washington County in Sebro V
of mortgages Pages 42, 43 & 44 Examined & compared with 
the Record hereof October 7th 1822 at 12 Oclock noon

M.D.D. Anvers Clerk
Page 5

G.M.  Davison, Printer,....Saratoga Springs.

MORTGAGE DEED.

THIS INDENTURE, Made the fourth day of October in the year of our Lord one thousand eight hundred and twenty two BETWEEN Jesse Averill of the town of Granville and Elizabeth Averill his wife of the first part, and Lyman S Averill, Marian D, Averill, and Jesse Averill & union of their [illegible] aforesaid of the second part WITNESSETH, That the said parties of the first part, for and in consideration of the sum of the sum of one thousand dollars, money of account of the United States, to them in. hand paid, by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, have granted, bargained, sold, released, aliened and confirmed, and by. these presents, do grant, bargain, sell, release, alien and confirm unto the said parties of the second part, and to their heirs and assigns, ALL. that certain piece of land lying and being in Granville aforesaid and bounding as follows (to wit) beginning at an Elm tree in Beaver Meadow Brook and being the W most corner of Silvester Rawlings farm thence running South twenty degrees West line lay Sharing said sity five line hz. to Saw Brook and said Rawlings line to a Maple Stake North Sixty Six Degrees West twenty Eight chains and Ninety seven [illegible] to a Beach Stake on
Clarke Northrups lines. North seventeen chains on Adam Philamone's line to a beach Stake North Eighty Nine Degrees West four chains sixty links on said Philamones line to a beach Stake North two Degrees West six chains nine links on the line of Number Eight to a large Curlock Stake South twelve chains on saiid Silvester Rowling line to a Curlock Stake West, Eleven chains sity five links on said Silvester Rawling line to the place of Begining containing in the whole Eighty Six Acres One Rood all [illegible] see the same, more or less

TOGETHER with all and singular hereditaments thereunto in any wise belonging, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; TO HAVE AND TO HOLD the said premises hereby released and confirmed, with the appurtenances, unto the said parties of the second part, and to the sole and only proper use, benefit and behoof of the said parties of the second part, their heirs and assigns forever. PROVIDED ALWAYS, and these presents are upon this express condition, That if the said party of the first part their heirs, executors and administrators, do and shall well and truly pay or cause to be paid unto the said parties of the second part. Or their certain attorney or attornies, heirs, executors, and administrators or assigns, the sum of one thousand Dollars to be paid within ten Days from the Day hence with Interest to be paid annually —

in the manner particularly specified in the condition of this certain bond or obligation bearing even date herewith, executed by the said Jisse Averill and Elizabeth Averill his wife parties of the first part to the said parties of the second part, that then and from thenceforth these presents and every thing herein contained shall cease and be void, any thing herein contained to the contrary in any wise notwithstanding. BUT in case default shall be made in the payment of all or any part of said principal sum of One Thousand Dollars or the interest thereof, at the time or times when the same ought to be paid as aforesaid that then and in such case, the said parties of the first part, for their heirs, executors and administrators, do covenant, grant, promise and agree to and with the said parties of the second part, their heirs, executors, administrators or assigns, at any time or times thereafter, to sell dispose of the premises hereby granted or any part or parts hereof, at public vendue, to any person or persons whomsoever, and on osuch sale, to make, sign, seal and deliver any deed or deeds of conveyance in the law for the said premises, or the part thereof sold to the purchaser or purchasers, his her or their heirs or assigns forever; and out of the monies arising from such sale or sales to keep and retain in their hands the said of One Thousand Dollars with the interest then due, together with all costs, charges or expenses that shall or may be due, accrue, arise or happen by reason or on account of suuch sale or sales; and overplus money (if there be any) shall, when demanded, be paid to the said parties of. the first part, their heirs, executors, and aministrator or assigns.

Jesse Averill
Elizabeth Averill
X
her mark

IN WITNESS WHEREOF, THE SAID PARTIES HAVE HEREUNTO SET T HEIR HANDS AND SEALS, THE DAY AND YEAR FIRST ABOVE WRITTEN.

Sealed and Delivered
in the presence of }
Samuel Standish Jr.

{an Erasure in the Sixteenth from the top including
the word South to the word line; and also the
word (aforesaid) in the twenty sixth line
and the words (Averill his wife afforesaid)
in the twenty ninth line) before signing
and delivering
Page 6

In the matter of
Jesse Averill an
applicant for a pension }

State of Newyork
Washington County ss

Abraham Lee being duly sworn depose he did saith that he as the agent of the Declared of the Estate of Timothy Leonard deceased purchased the estate mortgaged to Timothy Leonard by Jesse Averill it being understood and agreed (at the time of such purchase) by and between this deponent and the said Executers and one Mr Averill the son of the said Jesse Averill who now resides and then with in The State of New Jersey. that if the said Mr. Averill should pay & the said execaters the amount for which the land was bid off by this deponent. Then and in that case the bid was to be transferred to the said Mr. Averill by this deponent otherwise it was to be for the benefit of the said Executors - And this deponent further says that at the time of the said sale he understood and believed that the said Mr. Averill had a mortgage of the said property executed by Jesse Averill after the Mortgage Timothy Leonard & that he also had made other advanced for the said Jesse Averill and the deponent for him says that he had no understanding, agreement or compact whatever with the said Jesse Averill to bid off the said Land for his benefit. But on the contrary the 4 people understanding now that it should be bid off by this deponent for the benefit of the said Mr. Averill (who resides in New Jersey) 

[continued]
Page 7

[continued]

provided he paid to the executors the amount of the bid. otherwise for the benefit of the executors as was stated 

Martin Lee

Sworn to before me
this 29th day of Jun3
A.D. 1829 —

Isaac W. Bishop
Commissioner to 
take affidavits


In. the matter of Jesse Averil
an affidavit for a pension}

Washington County, ss. Jesse Avirel Junior being duly sworn says that he has examined the foregoing affidavit of Martin Lee and that the parts therein state are true in substance and matter of fact. That Liman S. Averil is the person mentioned now and alleged to by the said Martin Lee in his affidavit as the son of the said Jesse Averil that at the time of the said sale and before he the said Liman S. Averil Marvin D. Averil and this deponent all sons of the said Jesse Aviril held a mortgage against the said Jess Averil on the same provisions is Mortgaged to Timothy Leonard for about the sum of one thousand Dollars being for money which they the said Lyman, Marvin and this deponent had let to the said Jesse Averil That the Executors of Mr. Leonards Estate having provided to foreclose this mortgage it was thought best by the Mortgagers in the younger mortgage named to let the persons is he sold by virtue of Mr. Leonards Mortgage being the [illegible] which was done this was done principally with a view to save the expense of foreclosing on the younger Mortgage that the [illegible] were sold for the benefit ofthe said Lyman, Marvin & this deponent and not for the benefit of the said Jesse Averil neither directly nor indirectly. This deponent further says that Lyman Averil negotiated the business with the Executors of Mr. Leonards Estate

Jesse Averill Jun

Sworn to before me this 27th day of 
July A.D. 1829 - Isaac W. Bishop
commissioner to take affidavits
Page 8

[upper three lines are from previous page]

State of New York
Washington County } ss.

I Jesse S Leigh Clerk of the Court of Common Pleas in and for said County do Certify that Isaac W. Bishop Esq. whose name is Subscribed to the Jurat of the within Affidavits respectively was on the respective days the same porports to have been taken a Commission in and for Said County duly appointed & Sworn and authorized by law to take affidavits & And that I am acquainted with the hand writing of the Said Commissioner and verily believe the Signatures "Isaac W. Bishop" Subscribed to the Jurats of said Affidavits respectively are in t he hand writing of Said Commissioner 

In testimony whereof I have hereunto Subscribed my name and affixed the Seal of Said Court this 29th day of July 1829.

J.S. Leigh Clk.
Page 9

[upper portion of form is cut off]

for a statement of the military history of Jesse Averill a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) [stricken] application for pension on file in the Bureau. Sin. F. 44,562.

DATES OF ENLISTMENT OR APPOINTMENT.
Oct. 1777 

LENGTH OF SERVICE.
to Oct. 4. '79

RANK.
Pri.

OFFICERS UNDER WHOM SERVICE WAS RENDERED.
CAPTAIN.
Gideon Bronson
COLONEL.
Seth Warner

STATE.
Contl.

Battles engaged in, ___

Residence of soldier at enlistment, Enl. at Sunderland, Vt.

Date of application for pension, Mch 12. 1829. Cl. al

Residence at date of application, Granville, Washington Co., N.Y.

Age at date of application, 69

Remarks: Soldier's wife, Elizabeth, was alive in 1822.
In 1829, reference is made to his wife, 66 yrs old,
and to his children:
Sarah, 38 yrs. old,
Eliza, 26 yr. old, 
and Jesse.
Page 10

State of New York
Washington County ss.}

On this 12 day of March 1829 personally appeared in open court (being the court of common Pleas in & for the county aforesaid, proceeding acending h the course of the common Law with a Jurisdiction [illegible] in [illegible] of amount. Keeping a Record of its proceedings & having a seal) I Jesse Averill resident in Granville in said county afd sixty nine years & apraids 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 congress of the 18th March 1818, and that of May 1820 that he the said Jesse Averill enlisted for the term of two years in the Month of October in the year 1777 in the War of Independence The State of Vermont in the company commanded  by Captain Gideon Benson in the Regiment commanded by Colonel Seth Warner but in the line of what State he cannot say but was on the continental establishment - that he continued to serve in the said corps until the fourth day of October 1779 when he was honorably discharged from the service at Lake George in the State of New York. That he relinquishes every claim whatever for a pension except the present. that his name is not on. the Roll of any State except  - and that the following are the reasons from not making an earlier application for a pension to wit. that herby possessed of and having little to one Hundred fifty [illegible] acres of Land in Granville in the County aforesaid valued at one thousand one Hundred Dollars. I did not deem myself as coming in this for provisions of the act of congress aforesaid though there was a mortgage upon the same Land executed by me in the year 1802 for $362.00 - 

And in pursuance of the act of [illegible] May 1820 I do solemnly swear that I was a resident citizen of Vt. until lates in the 18th day of March 1818., and that I have not done that come by gift, sale, or in any manner disposed of my property or any part sold with intent as to diminish it or to bring myself within the provisions of an act of congress entitled "an act to provide for certain persons engaged in the land & naval service of the United States in the Revolutionary War" passed on the 18th day of March 1818, and that have not nor has any person in trust for me any 

[continued]
Page 11

[continued] 

property or securities, contracts or debts due to me nor have I any Income other than what is contained in the schedule hereunto annexed and by me subscribed that by occupation I am a Farmer and by reason of age & infirmity, I am unable to labour at all and have not been able to do so for ten years time part [illegible] by a hurt - having lost the use of my arms in a great degree, that my family consists of myself: my wife aged fifty six and her poor health and my Daughters Sarah aged thirty eight years & Eliza aged twenty six Eliza aling & [illegible] good health and Sarah has poor health, and isn able to work more than half the time. - 

That on the eighteenth March 1818 was possessed of the following property to wit.,
Real Estate 157 acres of rough [illegible] land valued at  — $200.00
One house & which  I have afsd mentioned below worth - 40.00
Two Cows worth 24.00
One yearling steer worth 5.00
Twelve sheep worth 13.50
One Table " 4.00
[illegible] Chairs 3.00
One Chair 2.00
Cooking & house ware 10.00
[illegible] 1.00
Shovel & tongs 1.00
One old [illegible] 6.00
Sm Cider cans 2.00
----------
$1311:50

That on 18th March 1818 I owed as follow to wit
A mortgage on my farm of 157 acres for land to Timothy
Leonard mor Deed given in 1802 to [illegible] who
pay morgt of Mindy Leonard to pay for my 
said farm as near as I can Remember the sum of $342.29

Ira Hall of Granville for prepare and Bill $116.00

David Doane of Granville a note he 
purchased of Samuel Standish Jr an account
of goods pirchased of him in [illegible] May for $100.00

Mary Town Middle for money lon over
together with the farm not Recollected 53-63229
---------
$1180.21
Page 12

That the following changes have I with peace in my property - since the 18th March 1818 to wit - 

The arm of 157 acres has been sold in as to mortgage a foresaid to Timothy Leonard since deceased who executers having foreclosed the same and sold it at public auction in the 22nd August 1824 - 

He [illegible] not being paid afs and I being unable to  pay the same. And I being a cripple as to labor his executors of Mr. Leonard nowed not indulge me any longer the lein coming of age mainly ther money, whereby I wholly lost my said farm

The last [illegible] I have been obliged to sell to pay Debts they now sold to Abraham Dayton [illegible] deceased - 

The year [illegible] I sold to same money to pay debts to Alratha Palmer -

The twelve sheep I have also been obliged to sell to pay Debts they now sold to a a Wm Norton - 

That I now have the following property to wit.
One old horse 20 years old [illegible] - $20.00
One table old 3.00
[illegible] old Chairs 3.00
One chair 2.00
Cookery & Iron ware 20.00
Old Irons 1.00
Shovel & Tongs 1.00
One old wooden clock 8.00
Ten cider cans 2.00
----------
47.00

[illegible] am owing debts to the amount of Three Hundred Dollars, which I am unable to pay, all which is due according to my best reccollections I belief

Jesse Averill

Sworn this 12th day of
March 1824 In Open Court
J. S. Leigh Clerk
Page 13

I, Jesse S. Leigh Clerk of the Court of Common Pleas in and for the county of Washington and State of New York do certify that it appear to the satisfaction of the court that the said Jesse Averill did serve in the Revolutionary War as Stated in the preceding Declarations 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 foregoing are truly copied from the records of the said 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 is forty seven dollars - 

In testimony whereof I have hereunto set my hand and affixed the Seal of the Said Court on t his thirteenth day of March, 1829 -

J.S. Leigh Clk
Page 14

[two seals with no visible text]
Page 15

44562

Revy INVALID.

File No. 44562
Jesse Averill
Priv., Rev. War.

Act: 18" March 1818 &
1st May 11820

Index:—Vol. 3, Page 20

[Arrangement fo 1870.]



[limited and incomplete information on right and left sides of trifold]
Page 16

Department of the Interior.
BUREAU OF PENSIONS,

Jesse Averill
—

Usual letter to
Mrs. Jerome B. Rice
Cambridge, New York.

and

Mrs Andrew Fleming,
Greenwich, New York



Mrs Bessie Chandler
Cambridge, N.Y.

Send data to above

[circular stamp printed as follows:]
RECORD
DIVISION
APR
21
1908
Page 17

Jesse Averill
to Timothy Leonard }

Exemplified
of
Affidavits
or Sale by
Mortgage


for
Woods & Bishop.

fees $1.50.



Am nt the Applicent
J.M.E
7. Cyt 20
Page 18

The People of the State of New York by the Grace of God free and independent 

To all to whom these presents shall come or may concern

Greeting: Know ye that we having caused to be inspected the words and proceedings remaining in the clerk's office of our county of Washington do find there a certain record of a notice and affidavits of publication and sale under a mortgage executed by Jesse Averill to Timothy Leonard in the words and figures following to wit:

Whereas Jesse Averill of Granville County of Washington and State of New York by his certain indenture bearing date the seventh day of June 1802 to secure the payment of certain monies therein specified did mortgage to Timothy Leonard of the town county and state aforesaid Al.  that entain piece parcel or tract of land situate in the town of Granville being part of a 8000. acre tract commonly known by the name of Mabbits Patent which samll tract was bounded as follow to wit: beginning at an Elm Stump in beaver meadow brook and at the north west corner of a lot of land surveyed for Sylvester Rowley running thence south twenty degrees West 12 chains and 65 links then north eighty six degrees west 38 chains and 79 links to Clark Northrup's line then south one degree west t6 chains and 26 links to Charles Roathbone's North East corner then South eighty nine degrees West 21 chains and fifty links then north one degree East 23 chains and 26 links then north eighty nine degrees east 16 chains and 85 links then North two degrees west 9 chains and 89 links then north eighty eight and 3-4 degrees East 50 chains then South 15 chains and 93 links then West eleven chains and 65 links to the place of beginning containing one hundred fifty five acres two quarters and. twenty eight rods of land Notice is here by given that default having been made in the payment of the said mortgage moneys the said mortgaged premises will be sold at public auction at the now dwelling house of Simeon Wells innkeeper in the town of Cambridge in said County on the twenty second day of August next at ten o. clock in the forenoon pursuant to a power of sale in said mortgage contained and according to the statute in such cases made and provided Dated 20th February 1827. Mary Leonard, William Bradley, Elisha Shelden, Gerrit Wendell acting executrix and executors of Timothy Leonard deceased. G. W. Jermain Atty.
Page 19

State of New York Washington County ss. Henry Dodd Printer of the town of Salem in the county of Washington being duly sworn deposeth and saith that an advertisement of which the annexed is copy hath been published in the Washington County Post a public New paper printed in the town of Salem aforesaid once in each week for the space of six months commencing on the twenty first day of February in the year of our Lord one thousand eight hundred and twenty seven and that he also affixed a copy thereof on the outward door of the court house in said town on the twenty first day of February aforesaid and further saith not - 

Henry Dodd - 

I hereby certify that Henry Dodd whose name is subscribed to the above affidavit is a person well known to me and. that he died on the twenty second day of August 1827. personally appeared before me and make oath to the preceding affidavit.


John Willard a Judge of Wash. Com. Pleas. County of Washington ss Gerrit Wendell being duly sworn says that he acted as auctioneer on the sale of the premises described in the above notice at the place and on the day therein specified that the said sale was open and fair in every aspect and the said premises on such were duly struck off to Martin Lee for the sum of three hundred sixty five dollars ninety six cents which was the highest sum bid and he was the highest bidder therefor -

G. Wendell -

I certify that Gerrit Wendell know to me and the person who subscribed the above affidavit appeared bofre me on the 1st  say of Sept. 1828 and made oath to the same - 

George W. Jermain Judge Wash. Com. Pleas

I certify the preceding to be a true record of the original notice and affidavits and of the Judges certificates thereunder written - Recorded September 2. 1828.

J.S. Leigh clk -


All which we have caused to be xemplified by these presents and the seal of the county courts of our said county to be hereunto affixed - 
Witness John Willard Esq. first Judge of the said courts at the court house in the town of Kingsbury the thirtieth day of May one thousand eight hundred and twenty nine - 

J.S. Leigh Clk
Page 20

State of New York
Washington County ss

I John Willard first Judge of the County Courts of the County of Washington in the State of New York do certify that the seal affixed to the foregoing examplification is the seal of the said county that Jesse S. Leigh whose signature appears thereunto is the Clerk of the said courts and that full faith & credit are due to his art. and alteriations or work, and that the said exemplifiecation is in due form - Sworn under my hand this 10th day of June 1829

John Willard -
Page 21

E.A.L.

Jesse Averill's 
to
Timothy Leonard

No 17.

L144.18.5

Received for registry the 
17th day of Jun3 1802 at 7
O'Clk P.M.

Registering Mortgage $1..00
     "    in power of sale   -..25
                                       $1..25
                                       ––––––
Page 22

Washington County } ss

Be it remembered that on the fifteenth day of June one thousand Eight hundred and two Before me Stephen Torn one of the Judges of the Court of Common Pleas for the County aforesaid — personally came William Hollister one of the subscribing witnesses to the written Instrument of Conveyance of Mortgage a person well known to me, who being duly sworn, saith that he saw Jesse Averill sign seal and deliver the said Instrument of Conveyance of mortgage as his voluntary act and deed for the uses and purposes therein mentioned, and that he together with Clark Northrup subscribed their names as witnesses thereto, and that the said William Hollister the witness aforesaid knows t he person described in and who executed the within Instrument of Conveyance of Mortgage to be the person so described — and I having penned the same and finding no material alterations therein — Except the one noted — do allow it to be recorded 

Stepn Thorn
Page 23

Registered in the Clerk's office Washington County in Libro D. of Mortgages page 192. Examined and comopared withthe record thereof the 17th day of June 1802 at 7 O'Clock P.M. —

Gerrit Wendell Clk
Page 24

This Indenture Made the seventh day of June...
in the year of our LORD one thousand eight hundred and two BETWEEN Jesse Averill of Granville, County of Washington and State of New York _ _ _ _ _ of the first part, and Timothy Leonard of the Town County & State aforesaid _ _ _ _ _ of the second part, WITNESSETH, that the said party of the first part, for and in consideration of the sum of One hundred forty four pounds eighteen shillings and five pence lawful money of the state of New-York, to him in hand paid, the receipt is hereby acknowledged, Hath granted, bargained sold, released, enfeoffed and confirmed; and by these presents, Doth grant, bargain; sell, release, enfeoff and confirm, unto the said party of the second part, and to his heirs an assigns, for ever, ALL that certain said parcel or Tract of Land situate in the Town of Granville being part of a three thousand acre Tract commonly known by the name of Mabbits Patent which small Tract is bounded as follows viz' begining at an Elm Stump on beaver meadow Brook and at the northwest corner of a lot of land surveyed for Silvester Rowley running thence south twenty degrees west twelve chains and sixty five links then north eighty six degrees west twenty eight chains & ninety seven links to Clark Northup's line then south one degree west six chains & twenty six links to Charles Rathborn's northeast corner then south eighty nine degrees west twenty one chains & fifty links, then north one degree east twenty three chains & twenty six links, then north eighty nine degrees east sixteen chains & eighty five link then north two degrees west nine chains & eighty nine links, then north eight & 3/4 degrees east fifty chains then south fifteen chains & nnety three links, then west eleven chains & sixty five links to the place of beginning Containing one hundred fifty five acres two quarters & twenty eight rods of Land _ _ _ _ _
TO HAVE AND TO HOLD the above bargained premises, to the said party of the second part, his heirs and assigns, to the sole and only proper use, benefit and behoof of the said party of the second part, his heirs and assigns, forever. PROVIDED ALWAYS AND [illegible] his heirs executors or Administrators _ _ _ _ _ shall well and truly pay to the said Timothy Leonardthe full sum of One hundred forty four, pounds eighteen shillings & five pence and t he. Interest thereon annually on or before the 7th day of June which will be in the year of our Lord one thousand eight hundred & four _ _ _ _ _ according to the condition of a certain bond or writing obligatory, bearing even date herewith, executed by the said party of the first part, to the said party of the second part, as a collateral security, then these presents, and the said bond or writing obligatory, shall cease and be null and void: BUT, in case of the non-payment of the said sum of one hundred forty four pounds eighteen shillings and five pence and the Interest that may produce thereon _ _ _ _ _ 
or any part hereof, at the time above limited for the payment thereof, then, and in such case, it shall and may be lawful for the said party of the second part, his heirs, executors, administrators or assigns, and the said party of the first part, doth hereby empower and authorise the said party of the second part, his heirs, executors, administrators and assigns, to grant, bargain, sell, release and convey the said premises, with the appurtenances, at public auction or vendue; and on such sale, to make and execute to the purchaser or purchasers, his or their heirs and assigns for ever, good, ample and sufficient deeds of conveyance in the law, pursuant to the statute in that case made and provided; rendering the surplus monies (if any there be) to the said party of the first part, his heirs, executors or administrators, after deducting the costs and charges of such vendue and sale as aforesaid.

IN WITNESS whereof, the parties to these presents have hereunto interchangeably set t heir hands and seals, the day and year fist above written.
The word "eighty" in the fourteenth line being iterlined,

Jesse Averill

Sealed and Delivered,
In the Presence of }

William Holister
Clark Northup

Printed by G. Tracy, Lansingburgh.
Page 25

Sir

In the Case of Jesse Averil we return the documents together with the original Mortgage and an Exemplification of the proceedings of the Executors of Wm. Leonard under that Mortgage in order to a foreclosure thereof in persuance of the Statute of this State which will be found in the first volume of the revision of 1813. page 372. - We hope these papers will be satisfactory. The applicant is in every sense of the word in truly necessitory circumstances.

We are Sir your obedient Servants

Woods & Bishop

Hon J. H. Easton


Granville Washington County and State of
New York 15th June 1829. —
Page 26

Pension Office
6th Aug. 1829.

Pension



Free

War Department
Pension Office

Hon. J.H. Easton Secretary at War
Washington City



pen: to come: 29
July 1829



Granville NY
1 Augt_ }
Page 27

Sir

I enclose not only the afft of Mr. Lee but also the afft. of one of the Mortgagees in the other Mortgage named. The afft. of the other Mortgages we would not obtain as they do not reside in this part of the Country, and is in New Jersey and the other is in Kentucky. We send the Mortgage Granville Wash. Co. N.Y. 31st July 1829. —

We are Sir your att. Servants

Woods & Bishop

Hon J.H. Eaton. —
Page 28

Otis Spurrs
Affidavit
Page 29

Otis Spurr Physician and Surgeon being duly sworn Deposeth and saith - That he haz been a acquainted with Jesse Averill of the town of Granville in the County of Washington and State of New York during the term of fifteen years and that he surtainz the Charriture of an honest and upright Citizen and was an industrious man before he lost the use of his hands — This deponent further saith that the said Jesse on or about the 11th day of August A.D. 1818 was very dangerously ill in consequence of a fall from a hay stack which produced a Concussion of the Brachial Nerves at their origin; which injury produced a palsey of the upper limbs as this deponent believez — That the said Jess has not been able to perform any labour of consequence since the above injury; and of another, that the said Jesse in con consequence of a film on each Eye iz so blind as to be unable to perform manual labour and furthermore this deponent saith not —

Otis Spurr

Sworn to Before Me
the 23d day of March }
Page 30

A.D. 1829
Jonathan Todd, Justice of the Peace

I hereby certify that I am well acquainted with Otis Spurr the person who made the above affidavit and t hat he is a person of Reputable character and of Respectable standing in his profession —

Jonathan Todd Justice of the Peace
Page 31

State of New York
Washington County ss:

Jesse Averil Junior being duly sworn saith that Jesse Averil the applicant for a pension is his father that on the 18th March 18 he was acquainted with the property of the said applicant that the inventory thereof as stated in the annexed declaration for a pension is truly stated and valued  according to his best recollection and belief.  That he well knows, that his farm therein mentioned was then and had  been for many years under a mortgage to Timothy Leonard now deceased and that the said mortgage was foreclosed and the farm sold at public auction on the 22nd August 1827 whereby the said applicant has wholly lost his said farm and he further saith his present property is also truly inventoried and valued, and that the changes which have taken place are truly stated that he has lived in that same house with his father and has known his business and property ever since the time first aforesaid and he knows by reason of a trust that the said applicant has so lost the use of his limbs as to be wholly unable to labour for ten years past which has reduced him to poverty.  That the farm so sold at auction was bid on by Martin Lee Esquire or Cambridge in said County who received a conveyance thereof as he is informed and believes.  Further saith not.

Jesse Averill Jun

Sworn this 12th day of March 1829
Before me
Isaac W. Bishop
Commissioner 
to take affts
Page 32

State of New York
Washington County ss }

Charles Chandler of Granville in said County being duly sworn saith that he is well acquainted with Jesse Averil an applicant for a pension and has been for fifteen years Last past that the inventory Stated for 18th March 1818 in the annexed Declaration is according to his belief truly stated and valued - and that his property has been such diminished since that period that his farm has been sold on an old mortgage to Timothy Leonard who during his Life was in the habit of calling only for the interest that said Leonard had many mortgages in Granville on which he was only in the habit of taking the interest during his life that the farm of said Jesse has been sold on said Mortgage and he lives wholly lost the same and their and that the inventory of his present property as stated aforesaid is in his opinion truly stated and realised, as the said Jesse by reason of a hurt has for few years past been unable to labour and has becme poor and nearly destitute of property further saith not

Charles Chandler

Sworn this 12
day of March 1824
Before me
Isaac W. Bishop
Commissioned to take 
affidavits
Page 33

State of Vermont
Chittenden County

I Nathan B. Maswell Clerk of Chittenden County Court do hereby certify that Levi Comstock before whom the within affidavit was taken, was at the time thereof a Justice of the Peace duly  qualified acting under the authority of this State.  In testimony whereof I have hereunto set my hand and affixed the seal of said Court this 14th day of October A.D. 1828.

Nathan B. Maswell
Page 34

I Wiman Averill of the town of Shelburn in the County of Chittenden and State of Vermont of Lawfull age do testify and say that I am acquainted with Jesse Averill and lived near Neighbor to him in the year 1777 and know he entered the service for the United States as a private soldier in the latter part of the year 1777 and continued in the service [illegible] of our year from that time and enlisted in Capt Gideon Brownsons Company and Col. Seth Warners Regiment

Wiman Averill


State of Vermont
Chittenden County ss }

Shelburn October 14. 1828 
Personally appeared Wiman Averill the signer of the above deposition and made solemn oath that tthe above deposition by him declared contain the whole truth and nothing but the truth

Before me Levi Comstock Justice Peace


This may certify that we the undersigners are and have been well acquainted with Wiman Averill of Shelburn in the County of Chittenden for a long time and know him to be a man of truth and veracity

Levi Comstock
Burgess Hull
Samuel Blin

Shelburn Oct. 14. 1828
Page 35

State of Vermont
Chittenden County ss }

I Nathan B. Maswell, clerk of Chittenden County Court do hereby certify that Billy B. Butler, before whom the within affidavit was taken, was at the time thereof a Justice of the Peace duly qualified acting under the authority of this State.  In testimony whereof I have hereunto set my hand and affixed the seal of court this 14th day of October A.D. 1828.

Nathan B. Maswell

I further Certify that I am acquainted with Samuel Bradley, who has given the within affidavit and know him to be a credible witness.

Nathan B. Maswell
Page 36

I Samuel Bradley of the Town of Elsop in the County of Chittenden and State of Vermont of lawful age do testify and say that I am acquainted with Jesse Averill and lived near neighbor to him in the year 1777 and know he entered the service of the United States as a private soldier in the latter part of the year and continued in the service the whole of the year seventeen hundred and seventy eight and part of the year seventeen hundred and seventy nine and while in the service in the time above mentioned he was in the Company commanded by Capt Gideon Brownson in Col. Seth Warner Regt

Samuel Bradley

State of Vermont 
Chittenden County

October 11th AD 1828 personally appeared Samuel Bradley the signer of the above deposition and
made solemn oath that the above deposition subscribed to with his own hand, contains the whole and nothing but the truth.

before me
Billy B. Butler Justice of Peace

This may certify that we the undersigners are and have been well acquainted with Samuel Bradley of Essex in said Chittenden County for a long time and know him to be a man of truth and veracity.

B.B. Butter Justice of Peace
Stephen Butler
Nathan Allen Justice of Peace
Levi Comstock Justice of Peace
Page 37

State of New York
Washington County ss: Abdial Flower being duly sworn says that he is acquainted with Jesse Averill.  That he knows the said Jesse served as a soldier in the company commanded by Captain Gideon Brunson in Colonel Warners Regiment in the Revolutionary War and that he is the same person mentioned and described in the affidavit hereunto annexed made by Otis Spurr.

Sworn to before me this 4th day of March  A.D. 1827.
[signatures]  Abdial Flower

Jonathan Todd, Justice of the Peace

I hereby certify that I am well acquainted with Abdial Flower the person who subscribed the above affidavit and that he is a man of respectable character.

[signature] Jonathan Todd, Justice of the Peace
Page 38

State of New York Washington County ss:  I Jesse Sleigh Clerk of the said County of Washington do certify that Isaac W. Bishop Esq. before whom two of the annexed affidavits were sworn and Jonathan Todd Esq. before whom the annexed affidavits were sworn were at the time Justices of the Peace of said County and duly authorised to administer oaths and I further certify that I am acquainted with the hand writing of the said Justice and do verily believe that their signatures [can't read] to the jurats of the said affidavits are genuine and the proper hand writing of the said Justices.

In testimony whereof I have hereunto set my hand and affixed the seal of the said County this 14th day of March 1829.

[signature] J. S. Sleigh Clerk