Revolutionary War Pension and Bounty Land Warrant Application File W. 5235, Zachariah Burril, New Jersey
Page 1

SERVICE:  New Jersey
Burril Zachariah
NUMBER: W 5235
or Burwell
Martha
Page 2

9,965
From New York to Ohio       4
___________________________
Zachariah Burril
Ontario Cty in the state of New York who was a private in the regiment commanded by Colonel Dayton of the New Jersey [illleg:  line?] for the term of 7 years
________________________________
Inscribed on the Roll of New York at the rate of 8 Dollars per month, to commence on the 26 of May 1818
__________________________________
Certificate of Pension issued the 28 of Apl 1819 and sent to Micah Brooks agent East Bloomfield New York
_____________________
Arrears to 4th of March 1819: 
                                              9 10/31     74.58
Sem-anl all'ce ending 4 Sep 1819
                                              6 mo          48.
                                                           $122.58
{Revolutionary claim,
Act 18th March, 1818}

             Continued
Page 3

Reported to agent    letter
let to C. B. Stracey June 2/49
4705
Ohio, Pittsburgh Agency
Martha Burwell or Burril decd
N J
widow or Zachariah Burwell or Burril
who was a Private
in the Revolution
Inscribed on the Roll at the rate of 80 Dollars       Cents per annum, to commence on the 4th day of March, 1843 & end 18 August 1843 when she died
______________________________
Certificate of Pension issued the 27th day of January 1843 and sent to Lewis B. Sturges, Norwalk Huron County Ohio
Payable to Elizabeth Burwell, Executrix, for the benefit of all the children of the deceased.
_________________________________________
[Act of March 3, 1843]
Recorded in Book A. Vol. 1, Page 156
Page 4

The State of Ohio , Ashtabula County ss}
On this twenty eighth day of September in the year of our Lord one thousand eight hundred and twenty personally appeared in open court being the Supreme Court of said state and a court of record Zachariah Burril aged sixty four years resident in Ashtabula in said county - who being first duly sworn according to law doth on his oath declare that he served in the Revolutionary war as follows: that he was enlisted in Captain Dickinson's company of Grenadiers in Col. Elias Dayton's Regimen and Brigadier William Mansfields Brigade on the seventeenth day of February A.D. 1796 in the State of New Jersey as recorded during the continuance of said war as a private - and that he has received a pension and that the number of his certificate is 9,965 - And I do solemnly swear that I was a resident citizen of the United States on the 18th day of March 1818 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 as to diminish it as to bring 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 18th day of March 1818, and that I have not nor has any person in trust for me any property or annuities 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 - Real Estate none - Personal Estate, to wit, two small iron kettles, three chairs which is all the property securities contracts or debts that I am possessed of except the the necessary wearing apparel and bedding of myself and family - that his occupation is that of a blacksmith and is able to perform about half as much work in a day as a common man and has a wife named Martha Burril aged fifty four years and of a weakly constitution and can do but a little labor and one Daughter named Elizabeth Burril aged seventeen years and infirm being troubled with the King's evil* and able to do but a little work -
*[King's evil was swelling of lymph glands in neck - related to tuberculosis]
Page 5

The within affidavit and schedule of property being subscribed sworn to and declared on the 24th day of September 1820 before
T R Hawley Clerk  S C Ashtabula County 
  Zachariah Burril

I Timothy R. Hawley Esquire Clerk of the Supreme Court of the State of Ohio holden at Jefferson in the county of Ashtabula in the said State do hereby certify that the foregoing oath and the schedule thereto annexed are truly copied from the record 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 ten dollars
In testimony whereof I have hereunto set my hand and affixed the seal of the said court on this twenty eighth day of September 1820 T R Hawley Clerk
Page 6

State of Ohio Huron County Ss
On the 14th day of March A.D. 1828 personally appeared before the Court of Common Pleas within and for the County aforesaid held in Norwalk within and for said County Martha Burwell a resident in Norwich in said County & said State aged Seventy three years, who being duly sworn according to Law doth on her oath declare & say & make the following declaration in order to obtain the benefit of that provision made by the Act of Congress passed July 4 1836 - that she is the widow of Zachariah Burrell who was a Private Solder and Artificer in the Army of the Revolutionary War - that said Zachariah died the 19th of July 1835 - that he enlisted & served as a Private Soldier & artificer during the whole of the Revolutionary War, that he enlisted for seven years, according to her best recollection that he was a prisoner for eleven months in the New York Prison. that he was wounded in a battle she thinks in the Battle of Brandy Wine that at the end of the War he had a discharge which was lost That  he obtained a land warrant according to law. That she was married to the said Zachariah in July she doesn't remember the day or year of [sic] the month but remembers it was fifteen months before Lord Cornwallis surrendered at York Town. That she was married to said Zachariah by the Reverend Joseph Grover in the Town of Hanover County of Morris State of New Jersey.  That she has no family Bible or any other record of her said marriage - That said Zachariah about twenty years ago was allowed by he War department a Pension & obtained a
Page 7

a Pension Certificate therefore at the rate of Ninety two dollars per annum payable at the Pension Agency in New York which was on his removal to Ohio -  transferred to the Pittsburgh Agency in Pennsylvania. That after he was released from said New York Prison he served as an artificer in the moving Black Smith Forge the remainder of the War, for he served his apprenticeship as a Black Smith which service as an Artificer commenced about six months before their said Marriage. That when he obtained the allowance of his said Pension he did not mention his having served as an Artificer owing to his not thinking of it among his other statements or supposing it of importance as the Declarant has often heard him say-

That she has often heard him say he enlisted two days before he arrived at the age of Twenty as he written serving as an Apprentice at the Blacksmith trade.   he was applied to enlist but he refused until his time was out, but nevertheless did two days before his time expired.

That after the death of said Zachariah she
the Declarant applied to & was allowed at the Pittsburgh agency her proportion as his widow of the six months pension after his death - that said certificate was then delivered up to said Pittsburgh Agency and it is now probably on the files of the war department & where are also the Evidences & Documents purporting the
allowance of his said Pension.

The Declarant says she is very poor in her circumstances & has no means for support &  depends on her Children who are all in moderate circumstances. She has three Sons and two daughters.  She is extremely feeble in
her health - has constantly an habitual Cough - wholly unable to labor for a living - that she has not for three
Page 8

years past been able to lie in her bed the whole of the night.

The Declarant further says that her said Husband the aforesaid Zachariah Burwell died on the 19th of July 1835 as aforementioned, and that she has remained a widow ever since that period as will more fully appear by reference to the proof hereto annexed. That she was married to said Zachariah a long time before the expiration of his services as a soldier & Artificer in said Revolutionary War.
            her
Martha  X   Burwell
            mark

Witness.......Lewis B Sturges

Sworn & subscribed the day & year 
aforesaid.    D. Gibbs Clk

We Jonathan Palmer & Rachel Palmer the former aged Sixty five years & the latter aged thirty eight years both Residents in Norwalk in said County & State-

hereby certify that we are well acquainted with the widow Martha Burwell of Norwich County of Huron & State of Ohio who has sworn & subscribed to the above declaration that we believe her to be Seventy three years of age That she is the Widow & Relict of said Zachariah & has never been married since the death of said Zachariah.  That she is poor in
her circumstances & very feeble in her health and that she is reputable in her character and a person of truth & veracity.
Jonath. Palmer
Rachel Palmer
Abijah Woodruff

Sworn & subscribed the
day & year aforesaid.
D. Gibbs Clerk

And the said Court do hereby declare their opinion after the investigation of the matter that the above applicant Martha Burwell is the widow of Zachariah Burwell a revolutionary soldier that he died on the 19th July 1835 & 
that the above Jonathan Palmer & Rachel Palmer
Page 9

4  3525

Martha Burwell,
of Zachariah
Ohio


Letter of L.B. Sturges filed
with May Schooleroft papers

L.B. Sturges
Norwalk, Huron Co.
Ohio
Page 10

are credible persons and that their statement is entitled to credit.

Attest D. Gibbs Clk H.C.P.   O. Bowen Prest. Judge 2d Circuit

The State of Ohio
Huron County SS. } I David Gibbs Clerk of the Court of Common Pleas in & for sd County do hereby certify that the forgoing contains the original proceedings of sd Court in the matter of
Martha Burwell for a Pension. In testimony whereof I have hereunto set my hand & seal of Office.  This 24 day of March AD 1838.
D. Gibbs Clk. H.C.P.
Page 11

Aaron Burrels &
Ebenezer Browns
affidavits


do Zachariah
Burwells marriage
Page 12

State of Ohio Huron County SS. November Term 1838
Personally appeared before the Court of Common pleas now sitting in Norwalk in & for said County Aaron Burrel now residing in said Norwalk aged about forty Eight years that he was born on the 22d March in the year 1790 being duly sworn declares & says that he is the son of Zachariah Burwell a  Revolutionary Soldier now deceased; also Son of Martha Burwell widow of said Zachariah.  That from
his childhood until said Zachariahs death he always lived with his said Parents & always called & considered them as his Father & mother & they considered & called him as their Son - and that he has now a Brother Named John Burrel now living in Astibula Town & County State of Ohio, one hundred & Twenty miles distant---aged about eight years older than the Deponent of course must now be aged about fifty six years & the said John also lived with his said Father & Mother from childhood up to future years; & whom the said John always called & considered as his Father & mother
& whom his said Father & mother considered as their Son.---   That the Deponent also perfectly remembers that many years ago his said Father & Mother then living at Mendon Ontario County State of New York were visited by the Revd Joseph Grover formerly a Presbyterian Minister settled in the
Page 13

Congregation at Parsippany in Hanover Township Morris County State of New Jersey & his said Father & Mother and the said Grover in conversing on many other subjects respecting the times & the troubles & concerns of life, conversed considerably respecting their marriage & his having married them & did agree that he did marry them in said Parish aforesaid
and the Deponent also declares & says that they conversed about said Revolutionary War and said Grover mentioned that he married them the said Zachariah & Martha while he was a soldier & served in said War. That there is no family record of the birth of the children of said Zachariah and Martha.
Aaron Burril

Sworn & subscribed before
said Court & the said Court also
certify that said Aaron
Burrel is a credible man & a
person of truth & veracity.
D. Gibbs Clerk HCP

And also appeared before said Court Ebenezer
Brown residing in Norwich in said Huron County
Ohio that he married Elsy a daughter of said Zachariah & Martha Burrel & declares & says on his solemn Oath That he resided & lived in their Family most of the time for twenty years past, and that the were always called Father & mother to their children whose names are & were
John, Polly non deceased, Nathaniel deceased, Aaron, Zachariah, Sally deceased, Elsy & Betsy, & their Father & mother always considered & called them
Page 14

their children and said children always considered & called said Zachariah & Martha their Parents and the Deponent also says & declares he has often heard said Zachariah & Martha Converse & speak of their marriage & that they were married before said Zachariah finished his services as a soldier of the United States, and also that they were married by the Revd Joseph Grover a Presbyterian Minister
settled in the State of New Jersey & he always believed the foregoing to be the facts.
Ebenezer Brown 

Sworn to subscribed before
said Court & the said
Court also certify that
said Ebenezer Brown is a
credible man, & a person of
truth & veracity    D. Gibbs Clerk
H.C.P.
Page 15

State of New York
Ontario County
On this 26th day of May 1818 before us the subscriber our of the judges of the Court of Common Pleas in said county formally appears Zachariah Burrill aged 63 years resident in said county 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 late act of Congress entitled "Act to provide for certain person engaged in the land and naval service of the United States of America in the Revolutionary War." that he is a citizen of the United States: that he enlisted in New Jersey in the month of February 1776 into the company of Capt Jeremiah Bullard of the regiment of Col. Elias Dayton of the New Jersey line for one year he served during this year, at the end of which he immediately inlisted at Ticonderoga with the same company] and regiment during the war that at the end of the war he was under the care of surgeons as an invalid and in consequence of that he received as written discharge: that he served in the whole something more than seven years: that he was in the battle of Brandywine where he received a wound: at Monmouth, at the Capture of Cornwallis of York Town: and by reason of his reduced circumstances he needs the assistance of his country for support: and further this deponent saith not.
Zachariah Burrill
Sworn and subscribed 
before me this 26th day 
of May 1818
Micah Brooks
Page 16

State of New York
Ontario County
Clerks Office} SS.  In Testimony that Micah Brooks whose name is subscribed to the foregoing certificate was on the day of the date of the same one of the Judges of the Court of Common Pleas in and for the County of Ontario & that the same is his Signature.  I hereunto subscribe my name and affix the County Seal at Canandagua the 26th day of August AD 1818
In McNair Clk
Page 17

I Micah Brooks one of the Judges of the Court of Common Pleas in and for the County of Ontario State of N. York do certify that it appears to my full satisfaction that Zachariah Burrill did serve in the war of the American Revolution as is stated in the within
declaration - and I do further certify that he is so reduced in his circumstances as to need the assistance of his country for support---
Micah Brooks


Zachariah Burrill
Private Col. Dayton's Regt.
New Jersey Line 1777 War

May 26th 1818

Zachariah Burrell       Zachariah Burrill
Page 18

Revy WIDOW, &c.
File No. 5235 or Burril
Margt. Burwell
Wid.
Zachariah Burwell or Burril
Pvt Rev: War
Act: March 3d/43
Index:-Vol. A, Page 101
[Arrangement of 1870.]
Page 19

This pensioner is on the N. York roll-- but has
removed to Ohio, from whence his schedule
came-- The schedule is suspended till application
for transfer is rec'd.
19th Apr 1821.
Page 20

Zachariah Burrill Ohio Pitts Act March 1818
to what time paid?
Pen Office.
Oct. 23rd 1838
Died 19 July 1835 p to that period
O H
Page 21

Martha Burwell
Ohio
Suspended
See let 18 July '38
do L. B. Sturges
do 22 Oct 38
do. 23 Oct 1838
do. 18 March 1839
do. 2 April '39
Act 4 July 1836
Page 22

Martha Burwell
of Zachariah
Ohio
------
Suspended

let. 17 June 1839
L.B. Sturges


Act 7 July 1838
Page 23

5445
Martha Burwell
of Zachariah
Ohio Pitts
-----------
admitted
Pr Inf 2 yrs $80
Cap Bullard Col Dayton
No. 9 line

died 19 July 1835

Act 7 July 1838

Lewis B. Sturges
Norwalk
Ohio
Page 24

4613
Ohio Pittsburg
------------------
Martha Burwell
widow of Zachariah Burwell decd.
who was a pensioner under the Act of 1818
and who died on the 19th July 1835
of Huron Co. in the State of Ohio
who was a Private in the Compy commanded
by Captain Bullard of the Regt commanded 
by Col. Dayton in the N. Jersey
line for 2 years
------------------
Inscribed on the Roll of Pittsburg
at the rate of - 80 - Dollars -- Cents per ann
to commence on the 4th day of March, 1836.
-------------------
Certificate of Pension issued the 21st day of Nov. 1839 and sent L.B. Sturges 
 Norwalk Ohio
-------------------
Arrears to the 4th of Sept 1839        $280.00
Semi-annual allowance ending 4 Mar.  40.00
                                                        '40   _______
                                                               $320.00
{Act July 7, }
{    1838.     }

Recorded by D. D. Addison Clerk
Book A.     Vol. 20.    Page 215


let 22 Oct 40 L.B.
Sturges
do. 31st March '41
Page 25

Ohio
Mar 3d 1843

Martha Burwell
decd at the rate of
$80 per an., to cease on
the 18th August 1843,
when she died - payable
to Elizabeth Burwell,
executrix, for the benefit
of all the children of
the deceased.
--------
Sent cert to
Lewis B. Sturges Esq.
Norwalk
Huron County
Ohio

James L. Edwards Esq.
Commissioner of Pensions
Washington
Page 26

Norwalk Ohio 16 Oct 1838

J L Edwards Esq
Commissioner of Pensions

Sir

Since I wrote to you yesterday I have this day recd the enclosed Letter from the Hon Lewis Condict in answer to my letter to him which I wrote to him in consequence of your suggestion. I trust it will be sufficient to induce a favorable decision in favor of the claim of Mrs Martha Burwell. It seems that the Revd John
Ford Minister of the Parish of Parsippany where Mrs Burwell swears she was married informs him that at the period of Mrs Burwell's marriage there was no marriage records kept at that time.
If however I shall receive a certificate in the
negative I will forward it to you.  You will 
perceive that Doctor Condict was an 
classmate & friend in Congress with me.

I am respectfully your Obt Servt
Lewis B Sturges
Page 27

Nowalk H. Co Ohio March 1841

Commissioner of Pensions

Sir

In the case of the Widow Martha Burwell for an increase of Pension under the Law of July 1836 I now enclose to you the full depositions of
Mary Grover of New Jersey a very aged Lady
to the point that the applicant was married to
Zachariah Burwell previous to the expiration of
his services in the Revolutionary war- which to my mind is full & explicit & must I think be satisfactory to yours.   It was taken & forwarded to me by the Hon Lewis Condict of Morristown -and there can be no doubt it was fairly taken.

The Certificate which was granted to Mrs Burwell for her five years pension was this day forwarded by me to the agency at Pittsburgh for her last payment due the 4th of March 1841.

I am very respectfully yours &c.
Lewis B Sturges

The Depositions of J. Howell & S. Cooke not long since sent to you      have been recd by you.  L.B. S.
Page 28

Norwalk O. May 23. 1849

Col. J.L. Edwards
Comr. of Pensions D.C.

Dear Sir:

Mr. Zachariah Burrill a Revolutionary Pensioner died about 4 years ago.  Afterwards his widow Martha Burrill became a Pensioner, and also died about 4 years ago, leaving pension money undrawn & yet due her.  Her only surviving heir Elizabeth Burrill subsequently  to the death of her said mother petitioned your department
for said balance due & undrawn by the aid and assistance of Lewis B. Sturges, now decd., but which be business was not completed at his (Sturges) death but was assumed to be
completed by Thaddeus B. Sturges son of said
Lewis B. Sturges and from whom the said heir Elizabeth Burrill cannot obtain any satisfactory account, & that she does not know that he done any thing in the matter other than to get her to execute papers.

This is therefore, in her behalf, to ask of you
the favor to state in reply to this what has been 
done in the premises, by her situation, if any thing & all the particulars as act if consent.
Your truly &c
Chas. B. Stickney Sclr.
Norwalk Ohio
Page 29

Declaration

In order to obtain the benefits of the act of Congress of the 3d of March 1843 granting Pensions for one year to certain widows who have received Pensions under the act of July 7 
1838.

State of Ohio Huron County SS ⎬
On this 10th day of July AD 1843 personally appeared before me Daniel Gordon Justice of the Peace for the said County of Huron Martha Burwell a resident of Norwich in said County of Huron aged Eighty years, who being duly sworn according to Law doth on her oath make the foregoing declaration in order to obtain the benefits of the provision made by the act of
Congress passed on the 3d of March 1843 granting Pensions of Widows of persons who served during the Revolutionary War - That she is the widow of Zachariah Burwell who was a Private in said war. She dont recollect in
consequence of her old age the Regiment or Corps in which he served but he served under Colonel Dayton and Captain Ballard - that her said Husband was at the Siege and Capture of York Town. That as widow to said Zachariah she received the annual amount of Eighty dollars for five years as a Pension under the act of Congress of July 7th 1838. She further declares
she is still a widow of said Zachariah.
              her
Martha   X   Burwell
            mark

Sworn and subscribed on the
day and year above written
before me 
Daniel Gordon
Justice of the Peace

Witness to her mark
Ebenezer Brown

over
Page 30

I Daniel Gordon the within named of Norwich Huron County State of Ohio of lawful age do certify & declare that I was personally acquainted with Martha Burwell Widow of Zachariah Burwell deceased, in her life time--
that said Martha is now deceased, that said Martha died the 18th of August AD 1843.
Daniel Gordon Justice Peace

Sworn and subscribed
this 18th day of October AD 1843
Before me
P Alling Clk H.C. P.
Page 31

4741

The State of Ohio
Huron County ss }. I Prudden Alling Clerk of the Court of Common Pleas in and for said County
of Huron do certify that Daniel Gordon is a lawful magistrate as above and that the foregoing signature purporting to be his is genuine.

In testimony whereof I hereunto subscribe my name and affix the Seal of said County at Norwalk this 26th day of July A.D. 1843.
P. Alling Clerk H.C.P.
Page 32

The State of Ohio
Ashtabula County ss ⎬ On this twenty eighth day of September 1820 personally appeared in open court Anan Hanman who being duly sworn deposeth and saith that he this deponent has been acquainted with Zachariah Burril about eighteen months and that he lives with one of his sons and has no property within his this deponents knowledge.
Anan Hanman

Sworn and subscribed this
24th day of September 1820
before T.R. Hawley Clerk S.C.


State of Ohio }
Ashtabula County ss }  On this 28th day of September 1820 personally appeared in open court Aaron Burril of lawful age who being duly sworn deposeth and saith that he this deponent has been acquainted with Zachariah Burril
for twenty five years and that the said Zachariah Burril is possessed of no property other then that contained in the schedule presented to the honorable Supreme Court
accompanying this affidavit and that the affidavit of the said Zachariah with the said schedule is correct as this deponent verily believes.
Aaron Burrilt

Sworn and subscribed this
28th day of September 1820
before
T R Hawley Clerk S.C.
Page 33

E Bloomfield
N.Y. 3d Decr.

The Hon. Johnn C. Calhoun
Secy of War
Washington City

Ohio
Genl. Parker
Recd. 13 Dec. 1820
Page 34

East Bloomfield, Ontario Co.
New York Decr 2d 1820

Sir

I forward to the War Department the application of Zachariah Burril for the continuance of his Pension-  He is needy, and I believe meritorious-- It is his request that the answer to his application should be sent to me-

I Very Respectfully
Your Obed Servt
Micah Brooks

The Honble J.C. Calhoun
Secy. of War
Page 35

For Transfer
Recd 3 Sept. 1821

Ashtabula
19th Aug

free

J.C. Calhoun
Secretary at War
City of Washington
Page 36

Ashtabula Ohio
August 15th 1821

J. C. Calhoun Esqr
Secraty. at War

Sir

I enclose my application for a transfer and forward it to your Office-- which I request might be attend to as soon as convenient as I am in want of the avails of my pension-

I remain Sir your
most obedient & Hum. St.
Zachariah Burrill
Page 37

Zachariah Burrill
Transf. from New York
to Ohio 17 Sept 1821 from
4 March 1820

Sept 19

[illegible print bleeds through from other side of paper.]
Page 38

APPLICATION FOR A TRANSFER.

State of Ohio }
County of Ashtabula } ss.
On this thirteenth day of August 1821, before
me, the subscriber, a Justice of the Peace for the said county of Ashtabula personally appeared Zachariah Burril who, on his oath, declares that he is the same person who formerly belonged to the company commanded
by Captain Jeremiah Ballard in the regiment commanded by Colonel Elias Dayton in the service of the United States; that his name was placed on the pension roll of the state of
New York from whence he has lately removed;
that he now resides in the state (district, or territory) of Ohio where he intends to remain, and wishes his pension to be there payable, in future.

Sworn and subscribed to before }
me, the day and year aforesaid.  } Gad Loveland Justice Peace

NOTE. The oath to be taken before a duly qualified magistrate, whose official character and signature must be properly authenticated.
Page 39

The State of Ohio }
Ashtabula County SS }
I Timothy R. Hawley Clerk of the Court of Common Pleas within and for the County aforesaid Do hereby certify that Gad Loveland
Esq is an acting Justice of the peace within and
for the County aforesaid and that due faith and credit is and ought to be given to his official acts-

In testimony whereof I have hereunto set my hand and affixed my official seal at Jefferson in said County the fifteenth day of August AD 1821
T. R. Hawley Clerk
---
Page 40

Robert Cockrains
Page 41

State of Ohio Huron County SS.
Before the Court of Common Pleas held at Norwalk within & for said County personally appeared Zachariah Burwell aged Forty five years & Elsey Brown wife of Ebenezer Brown aged Forty one years & more- children of Zachariah Burrell a Revolutionary Soldier deceased & being duly sworn on their Oaths
declare & say that they are the children of said Zachariah & Martha Burwell his widow that they
always lived with their said Father & Mother
untill they became of age & have ever since lived with them & their surviving mother- & that they have often & very often heard their said parents say that they their said parents were married in the State of New Jersey by the
Reverend Joseph Grover a minister of the Gospel before the expiration of his services in said Revolutionary war & before the Capture of Lord Cornwallis at York Town & that they always mutually treated & considered each other as Father & mother & as Son & daughter.
Zachariah Burvill
       her
Elsy  X  Brown
      mark

Sworn & subscribed in open
Court this 27 May 1839.
-------------------
Timothy Baker } Judge of Huron
Com. Pleas
Page 42

[stamp:] MORRISTOWN N.J. OCT 8

25

Honbl. Lewis B. Sturges
Norwalk, Huron Co.
Ohio
Page 43

Morris town, N.J. Octr. 5th 38 -

Dear Sir, 

Your two letters were duly recd. & I immediately took measures to obtain for you the information you desire as to the marriage of Mrs. Burwell. I addressed line to the Revd John Ford
Clergyman of the Parish at Parsippany, stating the object, & asking of him a certificate, either affirmation or negative, as the case might be.  
Receiving no reply for some time, & hearing that he was at a Temperance meeting a few weeks past not very distant, I took occasion to see him, & he apologised for his remissness. He assured me there was no marriage record of the period when Mrs. Burwell was married, & notwithstanding my letter was explicit - he had conceived the opinion, that there was no need of reply.  He promised me to make out & send me a negative certificate on his return home, & I have been waiting ever since, in daily expectation of receiving it, but in vain. I presume he has forgotten it entirely, & rather that keep you long in suspense, I drop you this hasty note, regretting very much the disappointment you must have felt.  I may see him in a week or two & if it could now
be of any avail, I would draw such a certificate as you want & obtain his signature & affidavit, with the Clerks official certificate of the
magistrates authority &c. &c.   I will do this, provided I hear nothing further from you, stating that the necessity has passed by.

Your name, & all the facts mentioned by you are perfectly familiar to me- as much so as tho' they were incidents of last year.  Your own countenance & those of your colleagues in 1811 - 12 - 13 - 14 - 15 &c. are all first in my remembrance. I have seen Genl Mority often.  He has called on me on his way to & from  Wyoming, until within 3 or 4 years last past.- "Tempora Mutantur"- Twenty years have passed over us, & very few remain of the 12th Congress-- My dear wife I buried in 1820. If Mrs. Sturges be living, remember me in much kindness to her.

Very respectfully & truly Yours
Lewis Condict

Honbl. Lewis G. Sturges
Page 44

Certificate from
Soldiers minister in
New Jersey
"Zachh. Burrels
as no record of 
Marriage-
Page 45

I hereby certify that I am the stated Pastor of the Presbyterian Church & Congregation at Parsippany in Hanover township Morris County & State of New Jersey. I also certify that there are no Records of Marriages to be found among the books & papers appertaining to said Church, which were solemnized by any of my predecessors in the ministry, either before, or in the time of the war of the Revolution; & that the earliest marriage record to be found in the
archives of said Church, to the best of my knowledge & belief, does not go further back than to the year of our Lord 1816.
John Ford

State of New Jersey
County of Morris } SS:
This day, personally appeared before the subscriber, a Justice of peace in said County, Reverend John Ford, to me well known to be the regular Pastor or Minister of the Presbyterian Church & Congregation at Parsippany in said County, & made oath in due form of Law, that the several facts stated
above, & to which his name is subscribed, are true, to the best of his knowledge & belief
John Ford

Sworn at Morristown this 19th day of October Domini 1838.
Before me
Elijah Ward J.P.

State of New Jersey Morris County SS:
David B. Hurd, Clerk of Morris County, hereby certify that Elijah Ward Esqr. before whom the above deposition of Rev. John Ford was taken, is a Justice of peace in & for said County, duly commissioned & authorized, & the signature of his name thereto, ("Elijah Ward") is genuine. Witness my hand & seal of office, at Morris town, November 3d 1838.
David Hurd Clerk
Page 46

Norwalk Ohio Novr 1838

Commissioner of Pensions

Sir

I now enclose to you a certificate from the settled minister of Parsippany Hanover Township New Jersey stating that there is no record of the Marriage of Zachariah & Martha Burwell, and also enclose to you two Depositions - swearing what they know of the marriage, one by a Son & the other by a Son in Law.

According to one of your last letters I presume taking them all together- they will be satisfactory to you as to the remaining point in Mrs Burrel's case.  I have to avoid any more Expense in the case I have procured the Seal of the Court before whom the former papers were authenticated and consider these affidavits merely supplementary to the former, and as
you have in various cases the seal of the Clerk,
I have sent in the case of Mary Schoolcraft to the Town Clerk in Windham Connecticut, 80 miles distant, to forward a certificate from the records, if any exists of her marriage.  It is undoubtedly the fact that in some States there
are no records of Marriages.

I enclose also to you Doctor Condicts Letter
enclosing to me the certificate in Mrs Burrels case.

I am respectfully
Your Obt Servt
Lewis B Sturges


Please decide in the above
case of Mrs. B as soon as 
convenient.
Page 47


25

Honble. Lewis B. Sturges
Norwalk, Huron Co.
Ohio
Page 48

Morris town, N.J. Novr 3d 1838.

Dear Sir,

I feel mortified, that so much delay has taken place, respecting this negative certificate of the Parsippany Clergyman.

After he had disappointed me many times by not calling, I sent a magistrate to him, & he returned with Ford's signature to the deposition, leaving the certificate of the facts, unsubscribed.

I was obliged in a day or two thereafter, to attend our State Legislature at Trenton & have just returned home on a short call to my family, & find that my son in the mean time has obtained his signature to the certificate, which I now forward to you, & shall be glad if has not come too late, to be of any avail.

Very respectfully
Your Obt Servt
& friend
Lewis Condict

Honble. Lewis B. Sturges
Norwalk, Huron Co.
Ohio
-
Page 49

Norwalk Ohio 26 March 1839

Sir

I have received your letter of the 18 instant and
would respectfully express my extreme disappointment on account of your opinion respecting the claim of the widow Martha Burwell.

It seems there is no question respecting her Husbands services, but that the only one is as to the period of her marriage which took place either previous to the expiration of his services or certainly previous to January 1794.

As to the first period I have for a long time supposed with the traditionary evidence which has been furnished that a compliance with your former direction & advice in my sending to New Jersey to Doctor Condict at much trouble & considerable expense the procurement of
the negative certificate that there was no record of the marriage and especially that no records were kept in N. Jersey previous to the year 1816 and the proof that they were married by a Chaplain in the Army probably an itinerant
minister, added to there the traditionary Evidence furnished by several of her children, some of them in advanced years, and have afforded satisfactory evidence of the essential fact.  Otherwise the antiquity of such a fact
their old companions associates being dead would render the beneficent provisions of the Laws of very little avail to such applicants. It will be observed that this old Lady is of undoubted good moral character & in every respect a credible person.

Will you be pleased to review your opinion?  also inform me if you have any doubt that she is at least entitled to Five years full pension.  if so should be be [sic] disposed to receive the latter.  will there be any necessity of trouble & the expence of new papers for that purpose?

Permit me also to call your attention again to the following named cases which some of them at least have been a considerable time before you, viz widows Mary Cartright in whose
favor I have furnished a certificate from the Town Clerk
Page 50

in Windham Connecticut at the expence of $3.00    the widow Scorik - Elizabeth Wood, Mary Waggoner and perhaps some others.

I am very respectfully
Your Obt Servt
Lewis B Sturges

J L Edwards Esq
Commissioner &c.
Page 51

Ohio    Sept 9
add proof
Martha Burwell

[stamp:  town is illegible, date is 'AUG 31']

FREE

J.L. Edwards Esq.
Commissioner of Pensions
Washington
Page 52

State of Ohio
Sandusky County Ss

Be it known that before me the subscriber a Justice of the Peace within and for said County on the 30th day of August AD 1839 personally appeared Constant H. Cook of Green Creek in said County aged Sixty two years and being duly sworn on his oath declares & says, that he was formerly for many years well acquainted with Zachariah Burwell a revolutionary Soldier & Martha Burrel his wife- that he lived near them & was acquainted with them in a place called Parsippany near Morristown State of New Jersey that previous to the first of January AD 1894 he for Several years knew them to be husband and wife & were always considered as such by many others-  that he knew them to have had several children still he was not at their marriage.  That he perfectly remembers that at the lying in sickness of the mother of the Deponent the said Martha then a married woman attended the Birth of a daughter of his said mother in consequence of a previous agreement & his said mother called said
daughter Martha after the name of said Martha
Burwell which said child is now living.  This Deponent further says & declares that better than a month ago the said Martha came from her present home in Norwich in the County of Huron in said Ohio & made a short visit to the Deponent and the Deponent immediately
recollected & recognized the said Martha Burwell & knew her to be the same person who lived with & was the wife of said Zachariah Burwell now deceased altho' he had not before seen her in & he knew her in New Jersey as first mentioned.
Constant H Cook

Sworn & subscribed to by said
Constant H. Cook on the 30th day
of August AD 1839
and I further certify that said Constant
is a credible person of truth & veracity
before me Robert S Rice
Justice of the Peace
Page 53

State of Ohio Sandusky County SS.
I Stanton H Brown Clerk of the Court of Common pleas for said County do hereby certify & declare that Robert S. Rice Esquire is a Justice of the Peace within and for said County duly elected & qualified to said office & that full faith & credit are to be given to his doings and attestations as such.

In Testimony whereof I have hereunto
set my hand and affixed my seal of
office in [illegible] Sandusky this 30 day of
August AD 1839.
S.H Brown
Dept Clerk
Page 54


Norwalk H. Cy. Ohio 31 August 1839

Commissioner of Pensions

Sir

In your Letter to me dated 2d April 1839 after mentioning your examination of the Widow Martha Burwell's case for a Pension, you say, "agreeably to yours-equal a reexamination of the claim of Mrs Martha Burwell widow of Zachariah Burwell has been made- it cannot be allowed without more satisfactory proof of the period of the marriage. But if she can obtain proof that she was married [illegible] or previous to January 1794 and will make out a declaration under the act of July 7. 1838. She may obtain a pension under that act".

After much trouble & considerable expence we have been so fortunate as to obtain the annexed affidavit of Constant H. Cook which is full to the point required.

This case for been before you I believe more than 18 months.  I hope you will find it convenient now to promptly decide.  I am endeavoring to get proof of the marriage of Mrs
Mary Cartright- but as she is an immigrant to this Country from say 900 miles distance & her old acquaintances are dead I find it extremely difficult.  I would now remind you also of Robert Cochran & Mary Waggoners applications for Pensions & also Elizabeth Woods.

I am with much respect
Your  Ob. Servt
Lewis B Sturges

I think it appears from Mrs Burwell's papers that her Husband Z. Burwell was an Artificer in the Revolution
Page 55

State of New Jersey Morris County SS:
Before the subscriber, a Justice of peace in said County, personally came Jeremiah Howell, well known to me as a resident of Hanover in said County & a man of truth & unblemished character, who being first sworn according to law saith as follows viz: I was yesterday (25th September) 93 years of age, & removed from Long Island, Suffolk County to this place, in 1776. Deacon Stephen Cook, & [blank] Hopping,
the father of the widow Martha Burwell, widow of Zachariah Burwell, removed with me from Long Island to this place in 1776. We had all been neighbors on the Island, & the trouble 
of the revolution on the Island, induced us to remove to New Jersey. Zachariah Burwell was
there an apprentice to John Salter Esqr. to have the Blacksmith's trade & was grown to the size
of a man, & almost out of his apprenticeship in 1776. Zachariah Burwell enlisted in the
continental Army & as I believe served as such through the war, & was frequently at home in
Parsippany to visit his friends & family, for a few days. He married Martha Hopping after his
enlistment, & some years before the war ended. When head quarters. (Genl. Washington's) were in Morris town, Zachariah Burwell was occasionally at home on furlough, visiting his wife, who kept house in Parsippany near me, & had at least one child born, some time before the war closed.  I was a Mechanic, & made family sitting chairs. Said Burwell had four chairs of me, & in exchange he brought me some articles of Iron ware, in part pay for chairs for his family; among which was a toasting iron, 
still in use in my family.  Revd Joseph Grover was then our Minister in Parsippany & I verily believe he married Burwell to Martha Hopping, altho' I did not see them married.  

Burwell & his wife lived, reputably together as husband & wife in Parsippany, some 10 or 15 years, when they removed with their children, & several neighboring families to this State of Vermont, as I then believed. I never heard the validity of their marriage called in question.

Zachariah Baldwin enlisted about the same time & place with Zachariah Burwell, which I believe was in 1777, & he was killed at the battle of Brandywine, as was afterward said & believed
in the my neighborhood.

Sworn & subscribed at Parsippany, at the house of Jeremiah Howell, September 26th 1840.
Before me Silas L. Condict JP
Jeremiah Howell
Page 56

State of New Jersey, Morris County:
Before the Subscriber, a Justice of peace in & for said County, personally came, Deacon Stephen Cooke, of said County, Hanover  township, an aged man of exemplary morals & piety whose character for veracity stands
deservedly fair & unimpeached, who being first duly sworn by me according to law on his oath
declare as follows, viz:

I am in the 88th year of my age, and a pensioner of the United States for revolutionary services, a native of Suffolk County Long Island, State of New York, & removed to the County & place where I now live in the year 1776, when the revolutionary troubles began.  I was acquainted with Zachariah Burrall, or Burwell, in time of the war. He was a young man, living in this neighborhood, (Parsippany) when I removed here, & my impression is that he was
by trade a Blacksmith, in Parsippany, where he lived several years, & had a wife & children, whom I also knew. I believe his wife's maiden name was Hopping, whose parents lived in the same township, (Hanover)   I believe he was a single man when I removed here, & was married soon after, but how [illegible] I cannot now say with certainty. They were married early in the time of said revolutionary war. I am confident he was married to his said wife, & that they lived together as husband & wife several years- not less than three years, & probably longer, before the revolutionary war closed.

Reverend Joseph Grover was then the Pastor of the Presbyterian Church in Parsippany, & it is my impression & belief, that he married said Burwell & wife, altho' I do not know it of my own knowledge.  I have been a member of the Session of said Church as one of its deacons about 40 years or more, & have good reason to believe, that no record of Marriages was kept at that period by our then Pastor.

I think that some of my own tours of Militia service were performed under command of the same officers, under whom said Zachariah Burwell served when he was a married man &
whilst he was living as a married man in Parsippany. And I verily believe, that said Burrell
continued to perform military duty, from the time of his marriage to the close of the war.-

Several years after the war ended, said Zachariah Burwell with his wife & family
removed, either to Vermont, or to some other distant State, not now recollected by me.
Stephen Cook

Sworn & subscribed this 26th of September 1840
Before me
Silas L. Conduct JP

N.B. In the last past but one, the words "am confident - the - with - his tours of - as I did & as our neighbors generally did" were all erased- & following interlinations of the words "think - under whom - served " were all done before signing & taking the oath.
Silas L. Condict J P
September 26th 1840
Page 57

State of New Jeney, Morris County SS:
I, David B. Hurd, Clerk of Morris County, hereby certify that Silas L. Condict Esqr before whom the annexed affidavits of Stephen Cook & Jeremiah Howell were taken & subscribed on the 26th September 1840, is a Justice of peace in & for said County, duly commissioned & authorized; & that his signature to each, " L. Condict, us genuine.

In testimony whereof I hereunto annex my signature & seal of office, at Morristown
this 28th day of September, Domini 1840.
D. B. Hurd Clerk
Page 58

Norwalk H. Co. Ohio 15 Oct 1840

J L Edwards Esq
Commissioner &c

I now enclose to you the Depositions of Stephen Cook & Jeremiah Howell two very aged men of Morris County State of New Jersey which were taken under the superintendence of Doctor The Honorable Lewis Condict with whose character & reputation you are well acquainted.   You will recollect that the object of the present application in the case of the widow Martha Burrell is to increase her Pension which was granted to her for five years on the 27 of November 1839.  She then & now claims that she was married to her late Husband Zachariah Burwell a Revolutionary soldier before the expiration of his service in said war. It appears to me that the affidavits of Messrs. Cook & Howell are conclusively full to that point. We can get other proof of the fact if the enclosed Depositions are not sufficient-  There can be no doubt of the fact which we wish to establish.

I have now enclosed to you her former certificate to be exchanged for one she is now entitled to on which her present certificate 
there will be due to her a half year the 4th of
next March.

Yours most respectfully
Lewis B Sturges

I have heretofore sent to you a certificate from the records of New Jersey that there is no record of Mrs Burwells marriage.
L B S
Page 59

State of New jersey Essex County ss 
Before the Subscriber a Justice of the Peace in
and for said County personally appeared Mary
Grover of said County aged Eighty one years personally well known to me to be a woman of veracity and fully entitled to belief who being duly sworn according to Law on her oath saith as follows viz   I am in the eighty second year of my age as I verily believe am the widow of the Revd Stephen Grover formerly pastor of the first
Presbyterian Church in Caldwell in this County to whom I was married in the year of our Lord one thousand seven hundred and Eighty Eight by Revd Joseph Grover an elder brother of my husband then the Pastor of the Presbyterian Church in Parsippany Morris County. I was well acquainted with Mrs Martha Burwell now the widow of Zachariah Burwell and said to be living in Ohio   I knew them both in Morris County before their marriage her maiden name was Hopping she lived with or was a relative of one Merrick or Myrick. There was little difference in our age - they were married in the time of the Revolutionary war by Rev Joseph Grover at Parsippany Hanover Township Morris County New Jersey the precise month or year I cannot
tell with certainty but am certain it was some years before the Revolutionary war was closed-- I was myself married to Revd Stephen Grover in the month of December in the year of our Lord Seventeen hundred and eighty eight and said Zachariah Burrell and Martha Hopping had then been married not less than ten or twelve years according to the best of my knowledge and belief their oldest child must have been
ten or twelve years older than my oldest who if living would have been fifty one years old.  I recollect the Battle at Springfield and also the burning of Springfield & cannot say with certainty but believe Mr Burwell was married before that event.  I was in the habit of mantuamaking when young and remember to have done some work for Mrs. Burrell at her house while her husband was in the service before the close of the Revolutionary war which was while Mr Grover my husband was at College.  At that time they had one or more children, I remember this fact from the circumstances of my receiving in pay for my services some butter of Mrs Burrells owing to the extreme difficulty of obtaining money. I knew Zachariah Burrell and Martha Burrell for thirty years or more after their marriage living together as husband and wife they raised a family of children and were reputed and believed by myself and husband to be husband and wife as well as by the congregation nor do I think their marriage was ever doubted or questioned and I believe that all who knew them believed they were married some years before the war was closed- I lived in the family of the Revd Joseph Grover at the time of their marriage and remember hearing Mr Grover
Page 60

say he was going to marry them and when he returned that he had married them. The house of the Revd Joseph Grover was afterwards burnt and I understood that the records of the church were also burnt at the time-
Mary Grover

Sworn and subscribed before
me the 26 day of February AD
1841 at Newark in said County
Stephen R Harris
Justice of the Peace

State of New Jersey
County of Essex }  SS.   John P Jackson Clerk of the County of Essex Do hereby certify that Stephen R. Haines before whom the foregoing affidavit of Mary Grover was made and taken, at the time of taking the same was and still is one of the Justices of the Peace in and for said County duly commissioned and Sworn and authorized to take the same: and that the signature "Stephen R Haines" affixed to the
Jurat of said affidavit is genuine.

In Testimony Whereof, I have hereunto set my hand and affixed my Seal of Office at Newark in said County the Twenty Sixth day of February A.D Eighteen hundred & forty one-- 1841-
J.P. Jackson Clk
[seal affixed at left]
Page 61

Norwalk H. Co. Ohio 23rd Oct 1843

Commissioner of Pensions

Sir

Mrs Martha Burwell Widow of Zachariah
Burwell decd whose claim I have heretofore sent to you for one years pension under the law of Congress March 1840 died on the 18 August 1843 having made her will on the 7th July 1843 and in said Will bequeathed to her daughter
Elizabeth Burwell the whole of her daughter Elizabeth Estate both real & personal & constituted their said daughter Executrix of said Will - and I now enclose to you the probate and approval of said Will by the competent Court - viz a copy thereof, regularly authenticated.
I suppose of course the grant of the Pension will be made to said Elizabeth as the sole legatee.

I also return to you the original declaration with
the affidavit of the Magistrate certifying that he was personally acquainted with Martha Burwellt--agreeable to your request in your letter to me dated 26 Sept 1843.

I am very respectfully
Your Obt. Servt.
Lewis B Sturges

J. L. Edwards Esq
Page 62

Declaration

In order to obtain the benefit of the act of Congress of the 7 July 1838 entitled "an act granting half pay and pensions to certain
Widows.

State of Ohio Huron County ss.
On this 29th day of May one thousand Eight hundred and thirty nine, personally appeared before the Court of Common pleas held at Norwalk within and for the County aforesaid Martha Burwell a resident of Norwalk in said County aged Seventy four years widow & relict of Zachariah Burwell a revolutionary Soldier
deceased 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 pensions to certain Widows".  That she is the widow of Zachariah Burwell who was a
Soldier in the Revolutionary War. That he enlisted & served seven years in the Army of the United States  that he was a Prisoner in New York for some time, that he served in the Battle
of Brandywine & was wounded   he understood in that Battle That at the Expiration of his service he had an honorable discharge which has unfortunately been lost. That she understood he served at the capture & surrender of Lord Cornwallis at York Town-  That her said Husband about twenty years ago was placed on the Pension list of the United States at the rate of ninety six dollars per year, payable at the agency of New York which was afterwards transferred to the paying agency of
Pittsburgh that he died on the 19 of July 1833 that after death she applied for & was paid her proportion of said Pension & delivered up his Pension Certificate which is probably now among
Page 63

which was afterwards transferred to the paying agency of Pittsburgh that he died on the 19 of July 1835 that after his death she applied for & was paid her proportion of said Pension & delivered up his Pension Certificate which is probably now among the Files of the war department where are also the Documents & evidence of his first application. That she has five children- three sons & two daughters.  that her eldest Son John Burwell was on the 2d day of March 1839 aged Fifty seven years and --- 
months & was born on the 2d day of March 1782-  She further declares that as she considers herself under obligation to tell the truth that she was married to her said Husband the first of July fifteen months previous to the capture of said Cornwallis by the Rev. Joseph Grover a Minister of the Gospel in the Town of Hanover County of Morris State of New Jersey. She has applied for record evidence of her said marriage to said New Jersey & has obtained a certificate that there is no evidence of record of the same & that no records were by Law required to be made untill recent years & a negative certificate has been lately sent to the War department to that effect.  She refers the Commissioner of Pensions for further evidence forward [illegible] said Commissioner under the former application under the act of Congress of the 7 July 1836.

And inasmuch as said Commissioner appears not to have satisfactory evidence to prove that she was married to her Husband previous to the Expiration of his said service she now comes to to waive her said claim under sd act of July  4 1809 in case said Commissioner should continue of the same opinion and she says that her Husband the aforesaid Zachariah Burwell
died on the 19th day of July AD 1835. That her said
Page 64

Martha Burrell

marriage ---------- took place previous to the first of January Seventeen hundred & ninety four.

That after said Zachariah was released from a New York Prison he served as an Artificer in the business of a Black Smith ----- for the remainder of the war & his services until his discharge from the army-  That she has no record of her Marriage - Bible or otherwise or the births of her children & has no other documents than before mentioned of her said
Husbands services. That he was a Blacksmith by profession & served as a regular Apprentice at that business. That she was married to her said Husband Fifteen months before the capture of Lord Cornwallis at York Town.

The further particulars in support of her present application she refers to her former application under the law of 4th July 1836 & to the Depositions then forwarded of Aaron Burrell & that the impression is that her said husband served in Captain Ballard's company & Col Daytons Regiment.
            her
Martha  X  Burwell
           mark
Witness Lewis B Sturges

Sworn and subscribed
this 27 May 1839 before me
in Court
----------
Timothy Baker
Judge of Huron Com Pleas
------

And the said Court are of opinion & do find that the above named & Signer Martha Burwell is the widow of Zachariah Buswell a Revolutionary Soldier now deceased.  That her said Husband served in the American Army as a Soldier & an Artificer for the times mentioned in her said declaration. that said Zachariah died the 19th of July AD 1835. That said Martha has ever remained his widow since his death. that she was married
Page 65

State of Ohio Huron County ss
I David Gibbs Clerk of the Court of Common Pleas for the said County do certify that the foregoing are the proceedings of said Court in the case of Martha Burwell Widow of Zachariah Burwell in her application for a Pension & that the Honorable O. Bowen is the President Judge of the Court of Common pleas for the second Judicial Circuit in said States and that the Honorable Timothy Baker is a Judge of said
Court and that the signatures on these papers
purporting to be theirs are their genuine signatures.

In Testimony whereof I have hereunto set
my hand affixed the Seal of office of
said Court this 27 May A D 1839
D. Gibbs Clk. H.C.P.
[seal affixed at left]
Page 66

Martha Burrell's Will & Probate.

Be it remembered, that before the Judges of the Court of Common Pleas, within and for the County of Huron and State of Ohio, at their October Term A.D. Eighteen Hundred and Forty three, came Elizabeth Burrell by her atty, and
presented to said Court for proof, and approval, the last Will and Testament of Martha Burrell late of said County Deceased, which said Will, is in the words and figures following, to wit:

"Know all persons to whom these presents shall          
            That I, Martha Burrell of Norwich in the
County of Huron, and State of Ohio, being of lawfull age, and of sound mind and memory, do make, ordain, and publish this my last Will
and Testament and first - It is my will, and I hereby direct that the Expenses of my last sickness, and Funeral Expenses be first paid; and next that all my just debts (if any) be paid out of my personal property, and I do hereby make, and constitute my beloved Daughter Elizabeth Burrell, my sole Legattee; and do hereby bequeath to her- the said Elizabeth, all the Goods, Chattles, lands, tenements, choses in action, rights credits, or other property of any name and kind of which I am myself possessed; or to which I may have any right or title at the time of my decease.---

And I do hereby constitute and appoint the said Elizabeth Burrell my sole Executrix of this my last Will and Testament, hereby revoking all other and former Wills by me at any time made & executed. In witness whereof, I have hereunto set my hand and seal this 7th day of July AD 1843.
                            her
(signed) Martha  X  Burrell
                           mark

Signed, sealed, and published, and 
declared, by the said Testator- Martha
Burrell, as, and for her last Will and
Testament, in the presence of us, who have
subscribed our names as witnesses thereto
in the presence of said Testator. (Signed)
Daniel Gordon, Ezra N. Burrell

The following affidavit was filed with the Clerk of said Court, and is now attached to the aforesaid Will, to wit: "Estate of Martha Burrell Decd., Probate of Will: October 9, 1843. Daniel Gordon being duly sworn, deposes, and says that he is one of the subscribing witnesses to the last Will and Testament of Martha Burrell Decesd:- That the said Will, was subscribed and Executed by the said Martha Burrell on the 7th day of July 1843, in presence of this affiant, and that the contents thereof, was fully explained to her, by affiant at the
Page 67

at the time she executed the same.  That the said Martha Burrell, at the time she executed her said last Will and Testament- as aforesaid, was of sound mind and memory, and of full age. And affiant further states that Ezra N. Burrell, one of the witnesses to Last Will and Testament, has gone to parts unknown to this affiant------(signed) Daniel Gordon."

Sworn to and subscribed in open Court
this 19th October 1843. P. Alling Clk.

On the same sheet with the above, is also the following, to wit-
"State of Ohio, Huron County - Also appeared in open Court, Ebenezer Brown who being duly sworn, deposes and says that he was present at the time the said Martha Burrell Executed her last Will and Testament now in Court for Probate. That the contents thereof were fully and lawfully made known to her by affiant, and that she was at the time of full age, and of
sound mind and memory.----
(signed ) Ebenezer Brown

Sworn and subscribed in open Court
this 19th October 1843. P. Alling

And thereupon the Court being satisfied from the above testimony, that the Deceased, did execute the said Will, and at the time of such Execution, she was of full age, and of sound mind and memory. It is therefore ordered that
said Will so proved, be approved and recorded.
On motion; It is ordered that Letters of Executorship issue to Elizabeth Burrell, the Executor named in the Will, and the Court- accept of Ebenezer Brown and Daniel Gordon as bail for said Executors in the sum of Five hundred Dollars, and appoint Moses Curtis, Elisha Ellis and John Cooley appraisers of
personal property of the Deceased.
 
State of Ohio Huron County
Clerks office October 23 AD 1843
This may Certify that the foregoing Will, and the proceedings thereon, are truly copied from the Probate Record of the Court aforesaid in this office. In testimony of which I hereto subscribe my name, and affix the seal of said Court, on the day and year last above written.
P. Alling Clerk H.C.P.
By D. Gibbs Dept Clk H.C.P.