Revolutionary War Pension and Bounty Land Warrant Application File W. 5,208, John Avery, Continental Mass.
Page 1

(3─1776)

SERVICE
Continental 
Mass.

Avery, John  
Beulah

NUMBER
W. 5.208  
B.L. Wt. 12,579-160-55

CONTENTS
Page 2

[left side of page] 76 Franklin

[right side of page] 
[printed form, blanks filled by hand]

21.722
Massachusetts
====================
John Avery 
of Franklin in the State of Mass 
who was a Matross &c in the Comp commanded 
by Captain Draper of the Regt. commanded 
by Col. Graton in the Mass
line for Matross 6 mo. 24.96
private 18 mo. 60 
-------
$84.96 [total]
-------
NY Con? Arty & Mass Cont & Ma?
====================
Inscribed on the Roll of Mass'tts 
at the rate of 84 Dollars 96 Cents per annum, 
to commence on the 4th day of March, 1831.
====================
Certificate of Pension issued the 24 day of Oct: 
1833 and sent to E. Alvord Greenfield
====================
Arrears to the 4th of Sep '33 $212.41
Semi-anl. allowance ending 4 M '34  42.48
=====
$254.89 [total]
=====
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by Go C. Stiles Clerk
Book E. Vol. 2, Page 2
Page 3

John Avery
Conway
25638
Page 4

State of Massachusetts and County of Franklin SS
On this first day of January in the year of our Lord 1833 personally appeared before the Hon. Richard E. Newcomb Judge of Probate for the County aforesaid in open Court now sitting within & for the County aforesaid John Avery a resident of Conway in the County of Franklin and state of Massachusetts aged 74 years who being first duly sworn according to Law doth on his oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed June 7, 1832 That he entered the service of the United States in the Massachusetts militia the 19th of April 1775 and was led to the battle of Lexington by Col. Graton of Roxbury; and Capt. Draper Lieut's Lewis and Fuller and En. [Ensign] Avery were the company officers after serving a few days till troops arrived from a distance he returned home but was again called with the Militia to join the troops at Roxbury and was there both before and after the British troops evacuated Boston - that the whole time he was in the service at Roxbury after his return from Lexington was according to his best recollection one month or more;
Also that in the fall of 1776 he enlisted in the militia of Massachusetts in the service of the United States under the command of Capt. Gould of Dedham Mass and the regt. commanded by Col. Mackintosh of Needham Mass for the term of two months - that his company joined Gen. Washingtons army near the White plains New York - but that owing to a severe fit of sickness he was unable to proceed farther than Fairfield Conn. where he was at the expiration of his term and continued some time longer for the recovery of his health;
Also that he enlisted in the regular army of the United Sts. 1779 for nine months service but does not recollect the names of the officers of the Company or Regt. to which he belonged - that he received a regular discharge from the service for nine months at the expiration of 8 months from time of enlistment in consequence of a mistake in the muster roll
Page 5

also that July 5th A.D. 1780 he again enlisted in the army of the United States for six months and by liberty from the Legislation of Massachusetts served in Captain Stephens Company of Artillery and Colonel Lambs Reg't New York and was regularly discharged at the close of said term of 6 months
That at each time of enlistment he resided in the town of Dedham and then County of Suffolk Mass. - that after the first enlistment as a regular soldier he joined the army some time in August 1779 at West point. - that he aided in building the upper fort at that place in laying down the chain across North river - that he was in a detachment consisting of five companies under the command of Colonel Thompson stationed at Youngs house and that while there the British from New York with a superior force surprized the party and killed and took a large part that engaged - but that as he was on a picquet guard at the time and was not called in till after the battle he escaped. This occurred in the winter after he enlisted. After this he returned to West point and continued there till he received his discharge. 
That on his second enlistment as a regular soldier he joined the army July 27, 1780 at a place on North river called Nelsons point thence marched to Peekskill and thence to various places in the vicinity from time to time that he was present the 2nd October when Major Andre was executed and that he was discharged while at winter quarters near New Windsor.
That at each enlistment he entered voluntarily in the service and that he was not a substitute, & that he has no documentary evidence of his militia service.
The period he served during his seven terms of enlistment was seventeen months.
He hereby relinquishes every claim whatever 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 He received several written discharges but has lost them. [Sworn] to and subscribed the day and year aforesaid.
Page 6

Calvin Keyes Clergyman
We Wm Billings Justice of the peace & Asa Howland Justice of the peace residing in Conway hereby certify that we are well acquainted with John Avery who has subscribed & sworn to the foregoing declaration, that we believe him to be seventy four years of age; that he is reputed & believed in the neighborhood where he resides, to have been a soldier of the revolution, & that we concur in that Opinion.
[signaure] Wm. Billings
[signature] Asa Howland
["Sworn & subscribed the day & year aforesaid." lined thru]
[signature] Calvin Keyes

And the said Court do hereby declare their opinion after the investigation of the matter & after putting the interrogatories prescribed by the war department, that the above named applicant was a Revolutionary soldier & served as he states. And the Court further certifies that it appears to them that Rufus Fuller of Bradford New Hampshire & Grace Howland of Conway Mass. whose affidavits accompany this declaration are credible persons, & that their statements are entitled to credit.

And the Court also certifies that Daniel Crosby is the clergyman of the applicant & absent on a journey & that Wm. Billings Esq & Asa Howland Esq. who have signed the above are residents in said Conway & credible persons & that Calvin Keyes who has also signed the same is a clergyman resident in said Conway, and their statement is entitled to credit.
[signature] R. E. Newcomb  Judge of Probate

I Elijah Alvord Register of the Court of Probate for said County do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of John Avery for a pension.
In testimony whereof I have hereunto set my hand and affixed the seal of the said court this first day of January in the year of our Lord one thousand eight hundred and thirty three
[signature] E. Alvord Reg. Prob.

[illegible Court Seal affixed at left]
Page 7

And he further states 
That he was born at Dedham Massachusetts near Boston (the place where he enlisted) Sept. 9th, 1754 & that there was in that town a record of his birth, & that soon after the close of the revolutionary war he removed to Conway aforesaid where he has resided ever since William Billings Esq Asa Howland Esq. John Williams Esq. Christopher Arms Esq Post Master, Jabez Newhall Jr. Rev'd Daniel Crosby who is now absent in the state of New York. Rev'd Calvin Keyes & John Arms Esq. who are residing in my neighborhood and can testify to my character for veracity and their belief of my services as a soldier of the revolution.   [signature] John Avery

Subscribed and sworn to on the day & year aforesaid
[signature] R. E. Newcomb  Judge of Probate
Page 8

John Avery
Page 9

I Grace Howland of Conway in the County of Franklin and state of Massachusetts depose and say that in the year 1775 I lived in the town of Dedham in the Commonwealth of Massachusetts and being a sister of John Avery lived in the same family and I well remember that my brothers Jonathan and John the day of the battle of Lexington went with the militia to Roxbury and that Jonathan came home in a day or two and said that he left John there and that he was a good soldier But how long his services at Roxbury were I do not remember
Also that he enlisted and went to Fairfield Connecticut from whence we received a letter stating that he was very sick there - and that my brother Joseph Avery went and brought him home: and I remember that he was very much emaciated on his return home I think this was in the fore part of the revolutionary war But the month or year I do not recollect It was said at the time that he went no further than Fairfield Conn.
I also remember distinctly that he was out in the revolutionary army once more and have I think some indistinct recollection of his being out a fourth time After he returned at one time (but I cannot tell which) I heard him say that he had seen Major Andre hung and belonged to Capt. Stephens Company. We heard too at one time while he was gone that he was probably killed or taken and I heard him relate on his return how he escaped by being out on guard
[signature] Grace Howland

Franklin ss. Jany. 7, 1833 - Then the above named Grace Howland who is proved to me to be a credible witness, personally came before me and made oath that the foregoing affidavit by her subscribed ["to be" lined thru] is true
[signature] Elijah Alvord Justice of Peace
Page 10

Commonwealth of Massachusetts Franklin ss. 
I Elijah Alvord Clerk of the Court of Common Pleas of the Commonwealth of Massachusetts for the county of Franklin do hereby certify that Elijah Alvord before whom the within affidavit was verified is a Justice of Peace for the county of Franklin, and that his name thereto subscribed is his true and proper signature.
In testimony whereof I have hereunto set my hand and affixed the seal of the said Court at Greenfield on the first day of January in the year of our Lord one thousand eight hundred and thirty three
[signature] E. Alvord Clerk

[illegible Court Seal affixed at left]
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[printed form, blanks filled by hand]

WAR DEPARTMENT.
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: } ).
You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.

A Statement, showing the services of John Avery Franklin County Massachusetts
[Table with six columns, headed:]
Period when the service was rendered || Duration of the claimant’s service ||Rank of the claimant || Name and rank of the field officers under whom he served. || Age at present and place of abode when he entered the service || Proof by which the declaration is supported.

Served April 1775 || 1 month || private || General Washington, Colonel Graton, Captain Draper || 74 years || Traditionary evidence and 4 witnesses, papers correct

Enlisted fall 1776 || 2 months || private || Captain Gould, Colonel Mackintosh || Suffolk County Massachusetts ||___

Enlisted 1777 || 8 months || private || officers not recollected || ____ ||___

Enlisted July 1780 || ✹6 months || artillery || Captain Stevens, Colonel Lamb ||__ || __

Served 1770 || 9 months || Colonel Thompson, Captain Clark, Colonel Lufkin on rolls of Massachusetts || ___ || ___ || Battle of Lexington
✹ On rolls service Matross

I am respectfully,
Your obedient servant
J.L. Edwards
Commissioner of Pensions.
Page 12

[printed form, not filled in]

2
REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army
and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval Service.
4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, mucicians (sic) or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of County of ________________ } ss
On this _______ day of ______ personally appeared (a) before _________________ A. B. a resident (b) of __________ in the county of _________ and State, Territory or District of __________ aged (c) ________ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) ______, with __________ and served in the      __________ (e) regiment of the __________ line, under the following named officers:

[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. ☞ This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of __________________
Sworn to and subscribed the day and year aforesaid. ____________________ A. B.
[And then will follow the certificate of the Court]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I ____________________ of the Court of ____________________
do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of ____________________ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this __________ day of ______    & c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the ____________________ and C. D. residing in (the same) hereby certify, that we are well acquainted with ____________________ who has subscribed and sworn to the above declaration; that we believe him to be  ______ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A.B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the
and is a credible person, and that their statement is entitled to credit.
I, ____________________ Clerk of the Court of ____________________ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of ___________________ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this __________ day of ______ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
Page 13

John Avery - Amendmt. of declaration
Page 14

State of Massachusetts and County of Franklin. ss.
On this fourteenth day of August AD 1833 personally appeared before me Wm Billings one of the Justices of the Peace within and for the County of Franklin, John Avery a resident of Conway in the County and State aforesaid who being first duly sworn according to Law, doth on his oath make the following declaration in addition to one made by him in January last, before the Court of Probate.
That Rufus Fuller then of Dedham Mass. enlisted with him in the regular army of the United States in the Summer of 1779, that they both joined the Army sometime in August of the same year at West Point, that they were enroled in the same regiment & same Company & continued during the period of their service under the same regimental & Company Officers & received their discharge together at the end of eight months from the time of entering the service, that sometime in December last he received from the aforesaid Fuller, then living in Bradford, New Hampshire an affidavit testifying fully to the above facts, (excepting he did not mention the circumstance of a mistake in the muster Roll by which means they were discharged at the end of eight month for nine months service,) which affidavit was sworn to before a person subscribing himself a Justice of the peace that as this affidavit contained no certificate of the Clerk of the Court that said person was a qualified Justice of the peace, he enclosed the affidavit in a letter to the Clerk of the Court of the County, requesting him to make a certificate of said person's being a Justice of the Peace & return it, that after waiting several months without its being returned, he wrote directly to Rufus Fuller requesting him to ascertain whether or not the Clerk of the Court had received the affidavit, & return it or make out another with the certificate of the Clerk, but from this he has had no return, that he thinks it probable said Fuller is dead not only from the above facts, but from the circumstance that he stated in a letter at the time he sent his affidavit that he was in
Page 15

feeble health; he also further states that from his own personal recollection he is unable now as when he made his first declaration to give the names of the officers under whom he served in the year 1779, but believes that Rufus Fuller stated in his affidavit that the Col. name was Tupper & the name of the Capt. Clark; that if said Rufus Fuller has applied for a pension, or there is any other means in the pension Office for finding said Fullers name on the Roll of the Army for the summer & fall of 1779 his name may be found on the roll of the same Company.

Dated at Conway the day & year above written.
[signature] John Avery

Franklin ss August 14th 1833
Personally appearing John Avery subscriber to the above affidavit and made oath to the truth of the same before me.
[signature] Wm Billings Justice of the Peace

Commonwealth of Massachusetts Franklin ss. 
I Elijah Alvord, Clerk of the Court of Common Pleas of the Commonwealth of Massachusetts for the county of Franklin do hereby certify that William Billings Esq before whom the foregoing amendment of the declaration of John Avery was made and sworn to is a Justice of the Peace of the said county. And that his name thereto subscribed appears to me to be his true and proper signature
In testimony whereof I have hereunto set my hand and affixed the seal of said court at Greenfield on the twelfth day of September A.D. 1833  [signature] E. Alvord, Clerk

[illegible Court Seal affixed at left]
Page 16

[printed form, blanks filled by hand]

3234
Massachusetts
====================
Beulah Avery 
widow of John Avery - Mass - 
who served in the Revolutionary 
war, as a Matross.
====================
Inscribed on the Roll at the rate of 
84 Dollars 96 
Cents per annum, to commence on 
the 3d February, 1853.
====================
Certificate of Pension issued the 
15th: day of Decr. 1853 
and sent to Joseph Avery 
Conway Mass.
====================
Recorded on Roll of Pensioners under act 
February 3, 1853, Page 37, Vol. A
Page 17

State of Massachusetts County of Franklin and Town of Conway } s.s.
On this nineteenth day of July, in the year of our Lord one thousand eight hundred and fifty three, personally appeared before me the subscriber, Judge of the Court of Probate for the County of Franklin aforesaid, Beulah Avery, a resident of Conway, in the County of Franklin, and State of Massachusetts, aged Eighty two years, who being first duly sworn according to law, doth on her oath make the following declaration in order to obtain the benefit of the provision made by the law of the United States, passed on the third day of February one thousand eight hundred and fifty three.
That she is the widow of John Avery, of Conway aforesaid, who was a Matross in the Army of the Revolution, in Colonel Lambs Regiment, and Captain Stevens Company of United States Artillery, and a Pensioner under the Act of June 7th 1832, at the rate of Eighty four dollars 96/100 per annum, that she was married to the said John Avery on the twenty second day of October, in the year one thousand eight hundred and twenty six, and that her maiden name was Beulah Briggs.
That her Husband, the aforesaid John Avery, died in Conway aforesaid, on the twenty ninth day of September in the year one thousand eight hundred & forty and that she has remained the widow of the said John Avery, ever since that period.
[signature] Beulah Avery 

Subscribed & sworn to the day & year first above written in open Court before me -
Witness my hand & Seal of Office.
[signature] H. G. Parker,
Judge of Probate within & for said County of Franklin.

[illegible Court Seal affixed]
Page 18

Marriage in Attleborough.
Deacon John Avery of Conway and Beulah Briggs of this town 22d Oct 1826.

I Thomas Williams of Providence in the County of Providence and State of Rhode Island, aged Seventy three Years on Affirmation Do testify and say that the preceding is a correct Copy from my Record Book of List of Marriages. That I am a regularly ordained Clergyman and that on the twenty second Day of October, in the Year One Thousand Eight Hundred and Twenty Six, in the Town of Attleborough in the County of Bristol in the Commonwealth of Massachusetts, I united by Marriage Deacon John Avery of Conway Massachusetts to Beulah Briggs of said Attleborough.
[signature] Thomas Williams 

The State of Rhode Island and Providence Plantation Providence County ss
In Providence this Fifth Day of September A D. 1853.
Subscribed and affirmed to by Thomas Williams
Before me 
[signature] Henry Martin Justice of the Peace

I Bartholomew Cushman of Attleborough in the County of Bristol and Commonwealth of Massachusetts on Oath Do testify and say That I was present at the Marriage of John Avery to Beulah Briggs by the Revd Thomas Williams, in said Attleborough on the twenty second Day of October One Thousand Eight Hundred and Twenty Six. that they were
Page 19

Married at my Residence in said Attleborough that the said John Avery is Dead, leaving a Widow that the said Beulah Avery who is a Petitioner for a Pension under the Act of Congress of February third A.D. 1853 is the identical Person who was Married to the said John Avery and who is now his Widow.
[signature] Bartholomew Cushman 

The State of Rhode Island and Providence Plantation Providence County ss
In Providence this Fifth Day of September A D. 1853.
Subscribed and sworn to by Bartholomew Cushman
Before me.
[signature] Henry Martin
Justice of the Peace

[printed form, blanks filled by hand]

THE STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS.
PROVIDENCE, SC.
CLERK'S OFFICE, SUPREME COURT,
PROVIDENCE, September 5th A. D., 1853.

I, Edwin Metcalf Clerk of the SUPREME COURT of said State, within and for the County of Providence:
DO HEREBY CERTIFY, That Henry Martin, Esquire, is a Justice of the Peace within and for the County of Providence - duly appointed and qualified, and authorized to administer oaths and take depositions and the acknowledgment of deeds and other instruments, and that the signature to the annexed Certificate, purporting to be his, is genuine.
IN ATTESTATION WHEREOF, I hereto subscribe my name, and affix the Seal of said Court, the day and year above written.
[signature] Edwin Metcalf Clerk.

[illegible Court Seal affixed upper left]
Page 20

Mr. L P Waldo Commissioner of Pensions Washington } Conway Mass. Sept. 12, 1853.
Dear Sir, I forward you by the same mail that carries this a new declaration of my Step-Mother & application for a pension made before the probate Court of this County. It has been delayed for several reasons. My brother William Avery with whom she lived & who assisted her in procuring evidence to sustain her first application has been removed by death, & she has had a severe sickness herself. I wrote to Mr. Cushman for a new affidavit of himself & wife stating if able the fact that Beulah Avery of this town & widow of John Avery was the same person that he saw married to John Avery Oct 22, 1826 which he omitted in his first affidavit, but when my letter was received his wife was at the point of death & survived but a few days. After much delay he found Rev. Mr Williams by whom she was married & obtained his affidavit. I do not know definitely the rules of the pension office & would request that if anything is wanting to establish her claim she may be informed that if it can be obtained consistent with truth & fact it may be furnished. My Father John Avery when a little more than 16 years old engaged in the revolutionary war & was in the battle of Lexington as will be seen by his declaration when he made application for a pension under the Law of 1832. which he obtained. About the close of that war he came to this town, & soon after married, where he lived till his death in 1840. His first wife died in 1825. In 1826 he married his second wife Miss Beulah Briggs, daughter of Dean Briggs of Taunton With her he lived till his death. His second wife
Page 21

Miss Beulah Briggs spent a large part of her life before marriage in going out to labor taking care of the sick & doing house work till her father required her assistance at home. There she ministered to his support & comfort in his declining years & took care of him till his death. During the last years of my fathers life her skill in nursing the sick was again brought into requisition, & she took faithful care of him till his death. She is now bowed down with labor & age & cannot be expected to survive long. It will afford her much gratification if she can obtain the bounty of the Country in consequence of her marriage to an old soldier, to which she is justly entitled.
Yours with much respect
[signature] Joseph Avery.
Page 22

No 1162
Beulah Avery widow of John
Mass
Act 3 Feb 1853
$84:96 per annum.
Comg [Commencing] 3 Feb 1853

(Husbands papers No 21:722. Act 7 June 1832 mislaid)

Joseph Avery,
Conway Mass.
Page 23

I, Mariah H. Avery, of Conway in the County of Franklin & Commonwealth of Massachusetts of lawful age do testify & say, that I married William Avery, a son of Dea. [Deacon] John Avery of Conway aforesaid, the 17th day of June in the year 1830 & removed to Conway & took up my residence with my husband at that time, in the family of Dea. John Avery aforesaid, that Beulah Avery whose application for a pension accompanies this, was at that time living with the aforesaid John Avery as his wife & so continued to live till said John Averys death which took place Sept 29th 1840, that she has ever since lived in the family with me, that she has never married again since the death of her husband, the said John Avery, that my father in Law the aforesaid John Avery drew a pension under the Act of Congress June 7, 1832 which was continued till his decease. I also further testify that during my residence of more than twenty years in this town I have never heard a doubt expressed that the aforesaid Beulah Avery was the lawful wife of the aforesaid pensioner, Dea. [Deacon] John Avery. And further saith not
Conway Sept. 12, 1853.
[signature] Maria H. Avery

Commonwealth of Massachusetts
County of Franklin
& Town of Conway ss
September 13, 1853
Personally appeared the above named Maria H. Avery and made solemn oath that the foregoing declaration by her subscribed is true
Before me [signature] Phineas Barttil
Justice of the Peace
Page 24

I, Joseph Avery, of Conway in the County of Franklin & State of Massachusetts of lawful age do testify & say that my Father John Avery of Conway aforesaid, was a pensioner under a Law of the United States of the 7th of June 1832, that in May 1825 he buried his first wife, my mother, & the 22nd of October 1826 he married Beulah Briggs at Attleborough, Massachusetts, that she was a maiden lady when he married her, that in a few days after their marriage she came to this town & lived with him as his wife till his death, which occurred the 29th of Sept. 1840, & that she has never since married, but continued in widowhood to the present time. I also do further say that Beulah Avery, whose declaration & petition for a pension, under the Law of the United States of Feb. 5. 1853 as the widow of the aforesaid John Avery, accompanies this, is the same person to whose marriage Bartholomew Cushman & his wife in a former affidavit accompanying her first declaration, make oath & that she is the same individual to whose marriage with Dea [Deacon] John Avery, Thomas Williams of Providence Rhode Island, testifies as the officiating clergyman, agreeably to his record of Oct 22, 1826, & also that she is the same person whose marriage with the aforesaid Dea. [Deacon]John Avery Bartholomew Cushman makes oath that he witnessed at his own residence in Attleborough Mass. Oct. 22 1826, which two last named affidavits accompany this. And further saith not. Conway September 12 1853. [signature] Joseph Avery

State of Massachusetts County of Franklin & Town of Conway ss
Personally appeared the above named Joseph Avery and made solemn oath that the foregoing declaration by him subscribed is true
Before me
[signature] Phineas Barttil
Justice of the Peace
Page 25

98.517  Act Mar 3/55  Apl 26/55

Beulah Avery wid John Avery

Capt. Stephens 
Col. Lamb N.Y. Mil [Militia]

Ent. July 5, 1780
Dis Jan 5, 1781

Private
Col Marshall
Rev. Mar
Mass Line
Mass Feby 53- 3234
Ad. 160 ac's Decr 8/55 
Dodge

H. B. Childs
Conway Mass

No 12.579 is'd [issued] Dec 11/55

WM

Vol. A. 167.
Page 26

98.517
Page 27

Declaration of a WIDOW who has NEVER HAD a Land Warrant

State of Massachusetts
County of Franklin SS.

On this fourteenth day of April, A. D. one thousand eight hundred and fifty five, personally appeared before me, a Justice of the Peace within and for the County and State aforesaid, Beulah Avery aged eighty four years, a resident of Conway in the State of Massachusetts who, being duly sworn according to law, declares that she is the widow of John Avery deceased, who was a Matross in the Company commanded by Captain Stephens in the New York Regiment (Company of Artillery) commanded by Col. Lamb in the war of the Revolution.

that her said husband Enlisted in the Revolutionary War at Dedham, or went from Dedham, Mass. on or about the fifth day of July 1780. for the term of six months and continued in actual service in said war for the term of six months and was honorably discharged at [blank] on or about the 5 day of January, A. D. 1781.

She further states that she was married to the said John Avery at Attleboro - Mass., on the twenty second day of October A. D. 1826, by one Rev. Thomas Williams, a Clergyman of sd Attleboro, and that her name before her said marriage was Beulah Briggs; that her said husband died at Conway, on the 29. day of September A. D. 1840, and that she is now a widow. And she is now in receipt of a cash pension of $84.96 - yearly - & has a pension certificate signed by Robert McClelland & L. P. Waldo. Commissioner of Pensions No. 3234 recorded in Book [blank] Vol. A, Page 37 to which record she refers.

She makes this declaration for the purpose of obtaining the bounty land to which she may be entitled under the "Act approved March 3, 1855," and prays that the certificate thereof may be sent for her to H. B. Childs of Conway, Mass.; and declares that she has not received a Bounty Land Warrant under this or any other Act of Congress, nor made any other application therefor.

Beulah Avery [signature]
Page 28

We John Howland and Otis Childs residents of Conway in the State of Massachusetts, upon our oaths declare that the foregoing declaration was signed and acknowledged by Beulah Avery in our presence; and that we believe, from the appearance and statements of the applicant, that she is the identical person she represents herself to be.

John Howland [signature]
Otis Childs [signature]

The foregoing declaration and affidavit were sworn to and subscribed before me on the day and year above written; and I certify that I know the affiants to be credible persons; that the claimant is the person she represents herself to be; and that I have no interest in this claim.

Horace B. Childs [signature]
Justice of the Peace.

State of Massachusetts - Franklin County.
We, John Howland and Otis Childs having been duly sworn, depose and say, that we well knew John Avery who was a Matross in the war of the Revolution whose widow now applies for bounty land; that we knew him for more than fifteen years before his death, which occurred at Conway about fourteen years ago; that we know that he died about that time because We were at the time of his death residents of said Conway that we have known his said widow from his death to this time, that she is now unmarried, and that we are disinterested.

John Howland [signature]
Otis Childs [signature]

Subscribed and duly sworn to before me, this fourteenth day of April A. D. 1855
Horace B. Childs [signature]
Justice of the Peace.

It is hereby certified, that satisfactory proof has been exhibited before me, the undersigned, a Justice of the Peace, by the affidavits of John Howland and Otis Childs of Conway of the said County and State, whom I know to be credible persons, and who swear that they have no pecuniary interest in the result of the foregoing application; that Beulah Avery the applicant for bounty land in the foregoing declaration is now unmarried, and that she is the widow of the late John Avery who was a matross in the war of the Revolution and that the said John Avery died at the time above states.

In TESTIMONY WHEREOF, I have hereunto set my hand, this fourteenth day of April 1855

Horace B. Childs
Justice of the Peace.
Page 29

L. W. B.
W. 5208.

DEPARTMENT OF THE INTERIOR
BUREAU OF PENSIONS,
WASHINGTON, D. C.,
March 2, 1898.

Madam:-
Replying to your request for information concerning John Avery, a soldier of the Revolutionary war, you are advised that he made an application for pension on January 1, 1833, at which time he was 76 years of age and residing at Conway, Mass., and his pension was allowed for two years' actual service as a private and matross in the Mass. troops, Revolutionary war; a part of the time he served under Capt. Draper and Col. Greaton. He enlisted in Suffolk County, Mass. His widow, Beulah, made application and received a pension for the service of her husband as above set forth.

Very respectfully,
[blank]
Commissioner.

Mrs. Olive H. Spelman,
Williamsburg, Mass.
Page 30

14/98. Mrs. Olive N. van. Williamsburg, Mass.
Mar 2 98
Mrs. O. H. Spelman Williamsb'g Mass
Nov. 14 - 1902
Mrs. O. O. Runkle Tiffin Ohio

WIDOW, &c.
File No. 5208
Beulah Avery Widow
John Avery
Matross Revy
Act: Feb 3d 1853
Index: Vol. A, Page 23

Arrangement of 1870.
Page 31

12.679
Neo avery
Page 32

RECORD DIVISION.
Department of the Interior,
BUREAU OF PENSIONS.

Briefed by J[illegible]
Claim No. [blank]
Certificate No. [blank]
Claimant [blank]
Soldier John Avery
Service Mass Reg. Revy War
Additional Service [blank]
No. Claim, New Records [blank]
No. Claim, Old Records [blank]
REMARKS:
[STAMP] OLD WAR & NAVY. FEB 8 1898 FILES.
Page 33

Pension Office
Washington D.C.
Page 34

No.1162
Beulah Avery
widow of John
Mass

Let. to Clark
June 20/53

Act by Hebzaf 33
Page 35

COMMONWEATH OF MASSACHUSETTS

Franklin,ss.

I, Geo. Grennell, Clerk of the Judicial Courts of the Commonwealth, for the County of Franklin ,do certify, that Horace B. Childs, Esquire, whose signature is affixed to the Certificates on the paper hereto annexed, was at the date thereof, one of the Justices of the Peace within and for said County, duly commissioned and acting under the authority of this Commonweath; and that full faith and credit is  and ought to be given to his acts and attestations done in that capacity; and that I am acquainted with the hand-writing of said Horace B. Childs Esq. and believe his signature to said Certificates is genuine.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Supreme Judicial Court for the said Commonwealth, this twentieth-day of April in the year of our Lord, one thousand eight hundred and fifty five.

Geo, Grennell   Clerk
Page 36

Commonweath of Massachusetts.

FRANKLIN,SS.

I ,GEORGE CRENNELL, Clerk of the Judicial Courts of the Commonwealth, for the County of Franklin, do certify ,that Phineas Bartlit Esquire, whose signature is affixed to the Certificate, on the paper hereunto annexed, was at the date thereof, one of the Justices of the Peace, within and for said County, duly commissioned, and acting under the authority of this Commonwealth; and that full faith and credit is, and ought to be given to his acts and attestations done in that capacity; and that I am acquainted with the hand-writing of the said  Phineas Bartlit, Esq. and believe his signature to said Certificate is genuine.

In Testimony Whereof, I have hereunto set my hand and affixed the Seal of the Supreme Judicial Court for said Commonwealth is 15th day of September in the year of our Lord, one thousand eight hundred and fifty three.
 Geo. Grennell, Clerk
Page 37

John Avery
Aff
Page 38

I Daniel Fuller of Francetown in the county of Hillbough and State of New Hampshire aged seventy two years depose that in July [1780] being then a resident of Dedham in the State of Massachusetts. I enlisted and entered the service of the United States in the Revolutionary War for the term of six months and afterwards served the term out in Capt. Steven's company of artillery which I believed belonged to Col. Lamb's Regiment of Artillery in Gen. Knox's Brigade of artillery. Soon after I entered the service my company was attached to Gen. Pearson's Brigade of [as I suppose] Connecticut troops and was at several places in New Jersey with the Caltin Brigade until we went into winter quarters at Windsor, I think it was in New Jersey. John Avery then of Dedham aforementioned, and now as I understand of Conway now in the state of Massachusetts was a soldier in the same company with me during the whole time and faithfully served out with me the full term of six months. I have no formal knowledge of the Avery's having served at any other time but while we were in the service aforesaid Avery's having  served at any other time but while we were in the service aforesaid we were most of the time in the same mess & slept in the same tent and I will remember that he then often spoke of having at a former time been in  the Revolutionary War,

Daniel Fuller

STATE OF NEW HAMPSHIRE
Hillsbough County ss.
December 29,1832.

The above named Daniel Fuller who is a person of good character +entitle to full credit as a witness personally appears and makes oath in due form of Law that the foregoing affidavit by him subscribed is true

Before me
Titus Brown, Justice of the Peace
Page 39

State of New Hampshire
Hillsbrough ss.

I Charles H. Atherton Registered Clerk of the Court of Probate for the said County of Hillsborough hereby certify that Titus Brown who has made a Certificate as a Justice of the Peace on the preceding page is an active & well known magistrate for the said County that his said signature as such magistrate is genuine.
Testimony whereof I have of the said Court of probate, at Francetown in said County this seventh day of January in this year of our Lord one thousand eight hundred & thirty three.
C. H. Atherton,  Registered Clerk
of the Court of Probate
Page 40

State of Massachusetts
County of Franklin 
Town of Canway  Ss.

On this ninth day of April in the year of our Lord one thousand eight hundred and fifty three, personally appeared before me the subscriber and of the Justices of the Peace within and for the County of Franklin aforesaid Beulah Avery a resident of Canway in the County of Franklin and State of Massachusetts aged Eighty two years, who being first duly sworn according to Law doth on her oath make the following declaration in order to obtain the benefit of the provision made by the law of The United States passed the twenty eighth day of January one thousand eight hundred and fifty three--- That she is the widow of John Avery who was a matrass in the Army of the  Revolution in Col. Lambs Regiment and Captain Stevens company of United States artillery and a pensioner of the United States under the act of June 7th, 1832- That she was married to the said John Avery on the twenty seven day of October in the year one thousand eight hundred and twenty six-that her husband the aforesaid John Avery died in Conway aforesaid on the
Page 41

twenty ninth day of September in the year one thousand eight hundred and forty-- and that she has remained a widow ever since that period

Beulah Avery

Sworn and subscribed on the day and year above written Before me
Phineas Bartlit
Justice of the Peace

State of Massachusetts
County of Franklin
+ Town of Conway    S.S.

April 9th 1853

I Phineas Bartlit a magistrate in the County of Franklin aforesaid do hereby certify that Beulah Avery subscriber of the foregoing declaration is personally known to me and that she is the widow of the same John Avery who was pensioned under the act of June 7th 1832.
Phineas Bartlit Justic of the Peace
Page 42

Commonwealth of Massachusetts
Franklin,S.S.

I,GEORGE GRENNELL, Clerk of the Judicial Courts of the Commonwealth , for the County Franklin, do certify that Phineas Bartlit Esquire, who signature is affixed to the Certificate on the paper hereunto annexed, was at the date  therefore, one of the Justices of the Peace, within and for said County, duly commissioned, and acting under the authority of this Commonwealth; and that full faith and credit is, and ought be given to his acts and attestations done in that capacity; and that I am acquainted with the hand writing of the said Phineas Bartlit and believe his signature to said Certificate is genuine.

In Testimony Whereof, I have hereunto set my hand and affixed the Seal of the 
supreme Judicial Cout for said Commonweath, this Eleventh Day of April in the year of our Lord, one thousand eight hundred and fifty three. 
 Geo. Grannell, Clerk
Page 43

I Daniel Crosby a Clergyman residing in the town of Conway hereby Certify that I am well acquainted with Deacon John Avery who has subscribed & sworn the above declaration that I believe him to be about 74 years of age that he is [sesucted] + he lived in the neighborhood where he resides, to have been a soldier of the Revolution and I concur in that opinion
Daniel Crosby

Franklin ss-Commonweath of Massachusetts Conway
January 28th 1832
Then Personally appeared before me Rev'd Daniel Crosby signer to the foregoing statement and made solemn oath that to his best knowledge and belief the facts therein stated by him are true--
Before Me John Williams Justice of the Peace

Franklin Ss. I Elijah Alvord Clerk of the Common Pleas of the Commonweath of Massachusetts for county of Franklin do hereby certify that John Williams Esq. before whom this above affidavit was made and sworn to is a Justice of the Peace for said county-and his name subscribed to the foregoing affidavit it appears to me to be his genuine signature. In testimony whereof I have hereunto set my hand and affixed the seal of said court this fourth day of March A.D. 1833
E.Alvord Clerk
Page 44

Commonwealth of Massachusetts
Franklin ss.
I Elijah Alvord a Justice of the Peace for the said county and a Clerk of the Court of Common Pleas of the said Commonwealth do hereby certify that Daniel Crosby who has signed the within certificate is a clergy man residing in the town of Conway in said county that I believe that his name thereto subscribed to be his genuine signature, and that the within statement by him subscribed and sworn to is entitled to the fullest credit.

In testimony where of I have hereunto set my hand and affixed the seal of said court at Greenfield this twenty ninth day of May A. D. 1833.
 (Signed)  W. Alvord
Page 45

John Avery 
Off
Page 46

I Abidjan Harding of Deerfield in the county Franklin and State of Massachusetts aged 72 years depose that in the  summer of AD .1789 I believe in June or July, being then an inhabitant of the town, county and state aforesaid I enlisted And entered the service of the United States in the revolutionary war for the term of nine months and afterwards served the time out in Captain William Watson's company and Col. Wesson's Regiment of infantry that I joined the regiment at West Point  that I went up above West Point on Hudson's river to get wood for the garrison (according to my best recollection in Sept. and returned in Oct. that John Avery now an inhabitant of Conway County of Franklin and State of Massachusetts was a soldier in the same mess with me the whole time of that service of getting wood for the garrison which according to my best recollections was one month or more.
Abijah Harding

Franklin Ss. On the sixteenth day of May in year of our Lord one thousand eight hundred and thirty three the aforesaid despondent was examined and cautioned and sworn agreeable to law to the deposition aforesaid by him subscribed.
.Stephan Whitney  Justice of the Peace.
Page 47

Commonwealth of Massachusetts
Franklin ss.  I Elijah Alvoid, Clerk of the Common Pleas of the Commonwealth of Massachusetts for the county of Franklin do hereby certify that Stephen Whitney Esq. Before whom the within affidavit purposes to have been made and sworn to is a Justice of the Peace for said county, and that his name subscribed to the two certificates thereto subjoined appears to me to be his genuine signature.

In testimony whereof I have hereunto set my hand and affixed the seal of said court at Greenfield in said county on this twenty ninth day of May AD. 1833.
E. Alvordo Clerk
Page 48

Love Bartholomew   Cushion and Mary Catalan wife of said Bartholomew in the county of Bristol + Commonwealth  of Massachusetts being of lawful age do testify and say that we saw at our Dwelling House in said Attenborough on the twenty second day of October 1825 John Avery of Conway County of Franklin in said Commonwealth and Beulah Briggs of Attenborough joined in marriage by the Rev. Thomas  Williams, A clergyman in said Attenborough at that time and further the (deponemte) say not.


Bartholomew a rush man
Mary Athenian

Bristol M. . March 29 1853
The above named Bartholomew Cushman + Mary Cushman made oath that the above deposition by them subscribed is true - before me.

Alien meds

Justice of the Peace
Page 49

Commonwealth of Massachusetts
Bristol ss.

I James Sproat. Clerk of the Court of Common Pleas for said county of Bristol, do hereby certify that Elijah M. Are Esq. whose signature is affixed to the foregoing certificate is and was of this date being a Justice of the Peace of in and fore said County of Bristol and duly qualified to administer oaths

In witness where I have hereunto set my hand and affixed the seal of the Court at Turtle this this thirtieth day of March in the year Eighteen hundred + fifty three.

. Jas. Sproat
Page 50


Intonation of Marriage
Conway Sept. 231826 John Z
Avery of Conway and Bulah Briggs 
Of Attleboro published
By David Childs Town Clerk"

I Evans F. Ames of Conway in the county of Franklin and State of Massachusetts do testify and say that I am Town Clerk of the town of Conway aforesaid and that the foregoing is a true copy entry on the town book of words transcribed by me Conway April 16.1853 
Evan F. Ames

Sworn and subscribed this 16th day Of April
A.D. 1853 
Before me Phineas Bartlit  Justice of the Peace
Page 51

Brief in the case is Beulah Avery
Franklin  County and State of Mass
Act 3 Feb. 1853


C!aim,( " original," or "for increase".) (" for increase". crossed out)
Is it documentary, traditionary,or supposed by rolls?  If either , state the substance.

Husband was a Pensioner Act 32' at $84.96 record proof  of marriage
(If for increase)
Has additional evidence been filed since the admission of the claim?  If so,what?

Name and residence of Agent

Joseph Aver    
Conway, 
Mass. 
                 S.Cole
B               Scaling Clerk,
Page 52

        L.W.B.
W. 5208

DEPARTMENT OF THE INTERIOR.
BUREAU OF PENSIONS
WASHINGTON  ,D.C.,

February 14. 1898.

Madam:-
 Replying to your request for information concerning John Avery, a soldier of the Revolutionary war, you are advised that he made an application for pension on January 1.1833. At which time he was 76 years of age and residing at Conway, Mass., and his pension was allowed for two years' actual service as a. private and matross  in the Mass. troops, Revolutionary  
war; a part of the time he served under Capt. Draper and Col. Graton.  He enlisted in Suffolk County,Mass.

His widow, Beulah, made application and received a pension for the service of her husband as above set forth.

Very respectfully,
Commissioner

Mrs. Olive N Spelman
Williamsburg, Mass.
Page 53

Send copy to address as soon as possible
Mrs. Olive N. Spelman

Williamsburg
Mass.

Old war & Navy Feb. 3 1898
Page 54

So Inv.A


Jan. 24.1898.
Can you send me proof of John Avery's pension which he received per annum of $84.66 from the U.S. Government. John Avery served in the Rev. War. was from Conway Massachusetts.  In the book "Massachusetts Soldiers in the Revolutionary Wad" Page 367. You will find authority for service. I find there are of John Avery's who served
Page 55

in the Rev. war surely only one could have gone from Conway, Mass. He was made Dec in1812 and was always known as Dec. John Avery. It is important that I have the authority of the Pension a department to carry out plans in prospect.

Respectfully 


Mrs. Olive N Spelman
President N.P. of the C.A.R.
Williamsburg Mass.
Page 56

11 Fort Hill Soc. Lowell Mass.
Jan. 30 '98
No stamp

Superintendent of Revolutionary
Pension Department
Washington D.C.

Will you please send the record of the Pension paid to John Avery of Conway Mass.  A Revolutionary soldier to Mrs. Olive N Spelman President of Society Children Am. Rev, at Williamsburg Mass.

Yours Truly
Maria M Neale
Massachusetts Director of the Children Am. Rev.