Revolutionary War Pension and Bounty Land Warrant Application File R. 11,351, John Westbrook, New Jersey New York
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Service
New Jersey
New York
Wesbrook, John
Number R11351
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28247
John Westbrook
Thos. Maxwell agent
Elmira, N.Y.

Right side
?reen M Tuthill
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At a circuit Court held in & for the County of Tioga in the Sixth Judicial Circuit of the State of New York at the Court house in the village of Elmira in & for the said County on the 20th of May 1833 the same bing a court of record having a seal & clerk.
Present
Hon. Robert Monell, Circuit Judge
I.L. Darling
E Shoemaker.  Esq. Judge Tioga County Court

State of New York
Tioga County  Personally appeared in open court before the judges aforesaid on the 20th of May 1833 John Westbrook a resident of Chemung in the County of Tioga aforesaid aged Sixty nine years and  ?npeward, who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7, 1832.
  That he entered the service of the United States under the following named officers and served as herein stated viz.
 That in the month of April 1779 he volunteered for the term of six months in a company of New Jersey militia commanded by Capt. Westfall & lieut. Cole, in the County of Sussex (his residence as being in New York near the line between the two states) in a battalion under mjor Meeker which was ordered to march toward the beighborhood of Burlington N.J. that he marched with the said company and continued in service in the nieghborhood of Burlington until the month of October when his term having expired he was discharged & returned home-
   In the month of April 1782 he volunteered in


At far left   6m underlined
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a company of militia under command of Capt. Wood & Lieut. Decker, in the Regiment of Orange County, N.Y. Militia commanded by Col. Hathorn, marched to Burlington, N.J. was there attached to a battalion commanded by Maj. Meeker of the New Jersey troops which battalion was attached to the French army commanded by La Fayette, continued thro the summer in the different places in New Jersey about Burlington & went into winter quarters near Morristown & in April following was with the Company to which he belonged ordered to return to Orange County New York where an incursion of the Indians on the Minisink frontier was apprehended. He continued in service on the said frontier until the 24th July 1783 when the battle was fought on the Delaware at Beaverbrook in which Col. Tustin of Orange County N.H. commanded the New York & New Jersey militia & the Indians & Tories were under Brandt & Butler. In this engagement Col. Tustin was killed, Maj. Meeker wounded & the deponent's captain (Wood) was captured. After the battle the remnant of the Company under the Liut. (Decker) repaired to the forts on the Delaware, to wit, Decker's Fort Wan Auken's fort until[crossed out] and continued in the service until November 1783; having been in Service Seven months when he was discharged. That the whole of his service is as follows.
In 1779 as a private under Capt. Westfall  6 months
In 1782-3 as a private under Capt. Ward  12 months
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in 1783 under Capt. Wood & Lieut. Decker  7 months      
25 months
for which he claims a pension
He had no documentary evidence of his services & over not know any one living by whom he can prove them - 
In answer to the interrogatories propounded by the War Department he states
1st That he was born at Walkill Orange County N.Y. on the 4th June 1763 as informed by his parents
2d. He has no record of his age - retaining it from the tradition received from his parents
3. when called into service he lived in Walkill, Orange County NY & continued to reside there until 1786 when he removed to Chemung, Tioga Co. N.Y. (then Montgomery County) where he still lives-
4. He always volunteered-
5. The officers whom he know ^when in service were Col. Tustin, Col. Hathorn, Col. Pickering, Gen. La Fayette, Major Westbrook & Maj. Meeker.
6. He never received a written discharge-
7. The persons in his present neighborhood who can testify as to his character & their belief of his services as a soldier of the Revolution are Henry Wells Weq. of Southport, Abijah Battison and Hon. John G. McDowell of Chemung in said County.
He further states that there is one clergyman in his immediate neighborhood who can testify as to his services-
  He hereby relinquishes every claim whatever
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to a pension or annuity except the present and declares that his name is not on the Pension Roll of the Agency of any State-
Sworn & subscribed
In open Courth the
20th May 1833
before me
Green M. Tuthice Clk        signature  John Westterook

We James Robinson & Thomas Maxwell of Elmira in the said County of Tioga do hereby certify, that we are well acquainted with John Westbrook who has subscribed & sworn to the foregoing declaration: that we believe him to be sixty nine years of age & upwards that is reputed he lived in the neighborhood where he resides, to have been a soldier of the Revolution & that we concur in that opinion
Sworn & subscribed in 
open court the 20th of May 
1833 before me 
Green M. Tuthell, Clk
Signatures: James Robinson
                   Tho Maxwell
And the said court do hereby declare their opinion after the investigation of the matter and after putting the interrogations prescribed by the War Department that the above named applicants
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was a revolutionary soldier and served as he States.  And the court further certifies that James Robinson & Thomas Maxwell who have signed the preceding certificate are residents of Elmirea in the said County of Tioga and are credible witnesses whose statements are entitled to full faith & belief
   J. Green M. Tughill clerk of the said Court do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application [covered by ribbon] John Westbrook for a pension.
   Witness my hand & seal of office the 20th dau pf May 1833
   Green M. Tuthell, Clk.
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Stat of New York
Tioga County     John Westbrook on the pension applicant within named being sworn says that the detail of his services are within contained is correct. That the time therein detailed was actual service. [underlined] and that he cannot give any other detail, as the time he spent is there stated & the place where he performed this service - That he was in service six months at Fort Montgomery under Capt. Cole in Hathorn's regiment in the year 1778; the recollection of which escapes his memory when there within declaration was made      signature John Westbrook
Sworn before me the 15 February 1834 before me Wm.  [?] J. P.

Tioga County
Clerk Office  I Green M. Tuthill Clk of said County do hereby certify that Wm. Dunn Esq before whom the foregoing affidavit was made was on the day of the oath there of a Justice of the Peace in & foresaid County only qualified & that the signature above subscribed purporting to be his is genuine
   Witness my hand & seal of office the 15 February 1834
   Green M. Tuthill, Clk
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Statement showing the service of John Westbrook

1779   6 mo.
1782 & 3  1 year
1783   7 mo.
The militia of N.J. & N.York were called upon to [?] for short tours of duty under one engagement.  The time [] the applicant was in actual service (which short to be part? set forth  [?] only be compate
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Regulation under the act of June 7, 1832
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State of New York Chemung
County Clerk's office ss-  It is hereby certified that satisfactory evidence has been exhibited to me A.F. Babcock Clerk of the County Court of the said county by the affidavits of Saran Van Voest, Benjamin Westbrook & Thomas Maxwell hereto annexed that John Westbrook late of said County of Chemung who was reputed as a Revolutionary soldier of the United States, died on the 13th January 1843 leaving surviving him his widow Elizabeth Westbrook who died about the 5th  April 1846 and two children only, who are yet living & of lawful age towti, Joseph Westbrook of Shiawasee County in the State of Michigan & Benjamin Westbrook of the town & County of Chemung aforesaid who is the administrator on the Estate of the said John Westbrook deceased
   Intestimony whereof Ihave here to set my hand & official seal the 13th October 1853
  O.A. Babcock clerk
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State of New York
Chemung County ss  Sarah Van Noast of Elmira Chemung County NY aged thirty three years being only sworn says that she was well acquainted with Elizabeth Westbrook the widow of John Westbrook dee . late of Chemung. That she resided in the neighborhood at the time of the death of the said Mrs. Westbrook and that she died in the month of April in the year of 1846 about the 5th April sworn before me
October 13, 1853
Th. Maxwell JP  chemung Co.

Signature:  Sarah Van Voart

Chemung County SS  Benjamin Westbrook of Chemung in said county being sworn says that John Westbrook of said town who was reputed to have been a Revolutionary soldier died in the said town of Chemung on the 13th January, 1843, that he left surviving the widow Elizabeth who died in the month of April 1846: that the only surviving children of the said John & Elizabeth are Joseph Westbrook now of Shiawasee County, Michigan & this deponent & that both are of lawful age and the only children the said John & Elizabeth ever had
sworn before me
Oct. 13, 1853
Th. Maxwell J.P Chemung Co. 
Signature Benjamin Westbrook
Chemung County ss: Thomas Maxwell of Elmira in said County being sworn says that his age is sixty one years & upwards, that John Westbrook above mentioned was an applicant for a pension though the deponent as his agent, before the death of the said John Westbrook, which for want of proof or some other cause not new in the recollection
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of this deponent did not succeed.  That the said John Westbrook died in the winter of 1843 & his wife Elizabeth survived him about three years: that the deponent has been acquainted with the family of Westbrook for more than fifty years & that he knew, that the only surviving & (Only) children of the said John & Elizabeth his wife are Joseph Westbrook who resided in Michigan & Benjamin Westbrook of Chemung in said County of Chemung & that they said Benjamin is the administrator of the said John Westbrook decd
Sworn before me
Oct. 13, 1853
Henry Patten Justice of the Peace in [?] for said County
   Signature: Th Maxwell

State of New York
Chemung County
Clerks Office SS   J. A. F. Babcock Clerk of said county do hereby certify that Th. Maxwell & Henry Potter whose names are subscribed in the foregoing affidavits are at the time the said affidavits Justice of the peace of said County duly qualified: & that their signatures above [?] are genuine.  Witness my hand & seal of Office Oct. 13, 1853
A. T. Babcock, Clerk
  Sideways  Benj. Westbrook, Chemung, NY
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John Westbrook   Oct. 1832 N. York

CW Bennett
M. Went??

AH Markland
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State of New York
County of Chemung

Be it known that on this twenty seventh of May A.D. 1853 before me the undersigned, a Justice of the Peace, in and for the County and State aforesaid, personally appeared Benjamin Westbrook resident of Chemung in said County and made oath according to law that he is a son & heir at law of John Westbrook...
That he is directly interested as a claimaint....

Signature: Benjamin Westbrook

Signature Th. Maxwell Justice of the Peace in the said County of Chemung, NY

State of New York
County of Chemung

It is hereby certified that satisfactory evidence has been exhibited before me, Clerk of the County Court of Chemung County that Benjamin Westbrook is the child of the reputed soldier aforesaid.  I further certify, that Thomas Maxwell Esq. ....

27 May, 1853
A. P. Babcock Clerk, Chemung NY
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Washington Dec. 20, 1853
Hon. L. P. Waldo,
  In your letter of the 21st October last, addressed to me in the case of John Westbrook, of NY suspended act 1832, you state that it appears that one John Westbrook did serve in the revolutionary war but that no evidence has been add? to identify the man for whom I claim with the the one who performed the service, now sir, John Westbrook stated in his declarative made in May 1833 that he entered a company of Sussex County militia.  I [?] record evidence that John Westbrook was paid as a private in the Sussex County militia which I think identified my man beyond all doubt.   You also state that there is no record of the death of the party, that evidence was in the papers when the letter was written as you will see by [?] to your mail book of 18th Oct. it was filed by CW Bennet Esq.  I [?] a examination
  I am very respectfully,
 [?]
A. H. Mart...
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New York
Revoy
Suspended
John Westbrook
See letter to
Thos Maxwell Esq May
19. 1834.-
A. H. Markland 21st Oct. 1853
Same Jany 12, 1854
11351
Act June 32
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11.351
P.O. ___________
John Westbrook
Service:_________
Enlisted: Rejected
Discharged:___________
Application filed:________________
Alleges: _____________________
Re-enlisted: __________________
Attorney:____________________
P.O.________________
___________Recognized. _______Contract.
________Cert. of Dis. Searched for , ___________18
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Washington
Oct. 17. 1838
Hon. W. L. P. Waldo
Comr of Pensions  Sir,
I have the honor to enclose herewith additional evidence in the case of John Westbrook decd. Suspended Oct. 1832
Very Respectfully
Your Obt Sert
C.W. Bennett
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Pension Office
Oct 27th 1833,
Sir
The additional evidence in the case
of John Westbrook of New Jersey, has been
received and filed with the original
application. It appears that one John
Westbrook did serve in the Revolutionary war, but no evidence has been adduced to identify him with applicants father.  The date of John's intermarriage with applicants mother, and of their death has not been established; neither are the names and number of the surviving
children proved.
Very respect fully
L P Waldo
Commission
A. H. Markland Esq
Present
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Letter in 1834
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War Dep.
Pension Office May 34
Sir
The claim of John Westbrook has been again examined and is returned for some proof of service
The regulations require the best evidence in the power of claimant to produce and it is verily within his power to obtain from Orange Co. abundant ?  of any service he rendered under Maj. Meeker or Col. Hathorn. The allegation of 12 mo. continuous service in a Compy of N.Y. Militia stationed in New Jerry & the fact that he was only 15 years old at the time of his first term & alledged service would justify the Dept. in requiring others & dist proof of any service to be taken into the computation of a pension. His papers are placed in file
Thomas Maxwell Esq
Elmira
N.Y.
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Revolutionary Claim   Free
Elmira, Ny
May 30

James L. Edwards esq
Commissr of Pension
Washington
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Elmira Feb. 15. 1834
Sir
I return the papers of John Westbrook with a
Supplementary afft endorsed on the application conformatory of the statement in the declaration. The last 7 months service mentioned in the declaration is not included in your Schedule. This I have added.
The applicant mentions another tour of Sewice
of 6 months in his supplementary app. but
I suppose you will not permit him to increase his claim. He supposed he ought to mention it as he had forgotten it when he made his declaration
Yr &
Th Maxwell

J L Edwards Esq
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Washington, Oct 6th 1853

L P. Waldo
I make herewith Evidence of the service of John
Westbrook, of NY
I hope the case will now be allowed
Yours &c
A H Markland
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Oct. 6, 1853.
Addl ev. in
Case of John
Westbrook
A H Markland
Present
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Notes given by the Commissioners of the several Counties of the State of New Jersey
for Militia service during the Revolutionary War.
NO. OF
CERTIF.
152 
153
DATE.
May 1, 1784
"
SIGNED BY.

Joseph Gaston
Do

PAYABLE TO
John Westbrook
Do

AMOUNT.
S12.1.8
19.18.4

STATE OF NEW JERSEY
I, Thomas S Allison, Secretary of state of the State of New Jersey, do hereby certify, that the foregoing is a true abstract from a Book, headed as above, as taken from, and compared with the original, now remaining in my office.-- And I do further certify, that Joseph Gaston was, by an Act, passed by the Legislature of this State, December 20, 1783, entitled, ""An Act to procure an estimate
of the sums due to the Militia and Troops who have been raised for the defence of the frontiers of the State, and to provide for the settlement of the same, appointed a Commissioner for the County of Sussex for the purpose of settling and adjusting the pay-rolls of the Militia and Troops of this State, as aforesaid, and also for signing and delivering out to each and every person a note
for the payment of what may be justly due.
In testimony whereof, I have hereunto set my hand, and affixed my seal of office, at Trenton,
in said State, this twenty third day of September A. D. one thousand eight hundred and fifty three

Thos S. Allison
Secretary of State