Revolutionary War Pension and Bounty Land Warrant Application File W. 15809, for Abner Lilly, Connecticut
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(3-1776)

SERVICE
Conn.

Lilly, Abner
Lilley
Upton, Sybil
(former widow)

NUMBER
W15809

CONTENTS
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5146
New York a 
Sybil Upton decd
widow of Abner Lilly
who died on the ---
of - in the State of N.Y.
who was a pri in the [blank] commanded by Captain [blank] of the [blank] commanded by Conn. in the Rev'y
line for 13 mo 1 day

Inscribed on the Roll of Albany
at the rate of 43 Dollars 44 Cents
per annum, to commence on the 4 day of
March, 1831
Ending 31' Aug 1841

Certificate of Pension issued the 16 day of
July 1852 and sent to L.M. Drury.

Arrears to the 4th of 
L.M. Drury Canandaigua NY
Semiannual allowance ending 

Revolutionary Claim,
Act July 4, 1836, 
Section the

Recorded by H.E. Robinson Clerk,
Book D Vol. 2 Page 363

Certificate returned to L.M. Drury, 1 Sept 1852
Let L M. Drury Sept 25/52
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State of New York.
County of Oswego. ss 
On this fourth day of March 1854 personally appeared before me the undersigned Surrogate of said County- Phineas Lilley aged seventy two years a resident in said county who being first duly sworn doth make the following declaration in order to obtain the amount due to the heirs of Sybil Upton former widow of Abner Lilley, under act 4th July 1836- 
Declarant states that he is the son and heir of Abner & Sybil Lilley deceased. That his father the said Abner Lilley was a native of Scotland Society, in the town of Windham, County of Windham, and State of Connecticut- That he was a soldier of the war of the revolution, (as declarant has always understood & believed) and that he entered, the service from said town into the connecticut line under Col. Butler- That he continued in service for a considerable length of time. The precise duration of which declarant is unable to state, and that he died of small pox- That he never returned again home- and that the belief was always entertained by this declarant's family and by those who knew the said Abner Lilley that he died while in the service as a soldier under Col. Butler- Declarant states that the said Abner Lilley had three brothers in service with him by the
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names of Prince, Reuben & John Lilley-- 
Declarant further states that his said father was married to Sybil Hale (the maiden name of declarant's mother) on the 8th day of March in the year 1777 as appears by the annexed family record. That there were three children born of the said marriage whose names were Olive, Phineas, & Abner Lilley- and that the said Olive and this declarant are the only children who now survive. This declarant further states that the annexed is the family record of his said mother, and that it contains as he believes a true statement as to the time of her marriage with the said Abner Lilley and the birth of her children. That it has been in existence many years, and has been the only evidence on which this declarant and the other children have relied for the dates of their respective birth- Declarant states that in several years after the death of his said father his said mother again was married to a man by the name of John Upton, by whom she had several children, as will appear by the annexed family record- that the said John Upton died in the year 1828 as also appears by the said family record & that after the death of the said John Upton this declarants said mother did not again marry- Declarant further states that there are of the children of Abner & Sybil Lilley only two
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Mr & Mrs Uptons Family, Register 

MARRIAGES
Mr Abner & Mrs Sibbel [Sybil] Lilly Joyned [joined] in the holy Bonds of Matrimony March the 8th 1777
Mr John & Mrs Sibbel [Sybil] Upton joyned [joined] in the holy Bonds of Matrimony Nov the 20 year 1787

BIRTHS &
Abner Lilly Born January the 3rd year of 1761
Mrs Sibbel [Sybil] Hail [Hale] born June 17 in the year of 1753
Olive Lilly Born April the 7th year of 1778
Phineas Lilly born Nov 29th year 1779
Abner Lilly Junr Born Feb 7 the 5th year of 1782
Mr John Upton Born May 27th In the year of 1755
John Upton Junr Born Decembr the [illegible] year of 1790
Sarah Upton Born August the 1st year of 1792
James & Elijah Upton Born April the 11 year of 1794

DEATHS
Sarah Upton departed this Life Novembr. 18th in the year of 18[illegible]
Abner Lilly Departed this life Novembr. 5th year of 1805
aged 23 years 9 months
John Upton departed this life July the 22 In the year of 1828
Mrs Sibbel [Sybil] Upton died Aug 31st 1841
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now living whose names are Phineas Lilley & Olive Bragdon. that there are of the children of the said Sybil by the said John Upton only three children now living whose names are as follows viz. John Upton, James Upton and Elijah Upton 
Phinehas Lilley
Sworn to before me this fourth day of March 1832 
J Brown Surrogate of Oswego Co 

State of New York. 
County of Oswego. ss 
I James Brown Surrogate of said County hereby certify that satisfactory evidence has been exhibited to a Surrogates Court held in & for said county, that Sybil Upton former widow of Abner Lilley died on the day of the thirty first (31st) day of August eighteen hundred & forty one, that the second husband of the said Sybil viz: John Upton died in the year 1828, that after his death the said Sybil did not again marry, and that she left two children by the said Abner Lilley now living viz. Phineas Lilley & Olive Bragdon- that she left three children only of the said John Upton whose names are John Upton James Upton and Elijah Upton 
In testimony whereof I have hereunto set my hand & seal of office this fourth day of March 1852 
J Brown
Surrogate Oswego Co
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In reply to your request of [blank space], received, [blank space] for a statement of the military history of Abner Lilly a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in ["his (or" crossed out] his Heir's ["his widow's)" crossed out] application for pension on file in this Bureau. W.F. 15,809.

DATES OF
ENLISTMENT OR
APPOINTMENT.
Dec. 13, 1780

LENGTH OF
SERVICE.
13 mos 1 day

RANK.
Pvt.

OFFICERS UNDER WHOM SERVICE WAS RENDERED.
CAPTAIN.
✓
COLONEL.
Zebulon Butler

STATE.
Conn.

Soldier died of small pox, in or near New York City, during service, exact date not known.

The above is the only Abner Lilly found in the Rev war records of this Bureau.

Battles engaged in, ✓
Residence of soldier at enlistment, Windham, Conn
Date of application for pension, by son, Phineas, Mch. 4, 1832 His cl was al.
Residence at date of application, of son, Phineas, Oswego Co, N.Y.
Age at date of application, of son Phineas (See below) was born Janr 3, 1761 at Windham, Conn. He mar. Mch 8, 1777, Sybil Hale who was born June 17, 1753 or 1763. Their children were Olive, born Apr. 7, 1778, mar. Bragdon; Phineas, b. 6 Nov 29, 1779; Abner b. Feb. 5, 1782, died Nov. 5, 1805. She (Sybil, the widow of soldier) mar. Nov. 20, 1787, John Upton, who died July 22, 1828 and she died Aug 31, 1841.
Respectfully,
Commissioner.
6-2856
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Rev
WIDOW, &c.

File No.15809
Sybil Upton
Former widow of Abner Lilly
Pri Rev War

Act July 4th 36
Index: Vol. M, Page 292

(Arrangement of 1870.)

1917 Apr. 4. History to Mrs. Geo. H. Stark F.W.
1925-Dec. 12- Data fur. as to Phineas Lily to Mrs E.C Dexter awf.
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State of Connecticut 
Comptrollers Office 
Hartford Feb 21st 1852 
I certify that on application for evidence of the service of Abner Lilly of Scotland, a Society in the town of Windham, Conn, who it is supposed died in the service. I have examined the books and documents remaining in this office, and find the name of Abner Lillie on a Pay Roll under the following heading viz, "Settlement with "the 4th Connecticut Regiment Zebulon Butler "Esq. Colonel for the year 1781," and opposite said name are the following entries, viz. / Rank private commencement of service Dec 13th 1780 / Expiration of Service Dec. 31st 1781 / Term 12 mos 18 days / Amount of wages $25.41 Amt. of Retd. Rations £0.18. 9. / Amt. of debt. £26.2.9 / Money pd. for wages £6. / Supplies to Families £12. / Amt. of Credit £18. Balance £8.2.9. The following are copies of documents filed with the receipt for the balance due for the service of Abner Lillie above certified to. 
Windham Decmr. the 19th 1782" 
"This may certify, that Abner Lillie served in the "Connecticut Line in the Continental army on and previous "to the mouth of April last as one of this Towns Quota
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"of the Continental Soldiers. 
:Certified by Jonathn Rudd Hezh. Ripley Select" Men." "Genllmen [gentlemen] Please to pay the bearer the Ballance [balance] Due "to the estate of Abner Lillie late of Windham Decd. for "his service as a soldier in the Continental Army, and "you will oblige your Humle. Sert.
"Sebbel Lillie, Administratrix on sd Estate."
"To the Genll. men" "Committee of Pay Table"  These certify that Sybbel [Sybil] Lillie was "appointed Administratrix on ye(?) Estate of Abner Lillie "late of Windham deceasd by the Court of Probate for "the District of Windham "Certified pr. Thos. Williams Clerk of Probate" R.G. Pinney Comptroller by Geo. Robinson Clerk
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Canandaigua N.Y.
April 12th 1852.

Sir:
Herewith is presented the claim of Sybil Lilley widow of Abner Lilley decd under act of 4th July 1836.
Particular attention is invited to the certificate from the Comptroller's office of Connecticut shewing [showing] the service of Abner Lilley and also that his widow, Sybil, applied for the amount due for his service as a soldier.
More complete proof, it is submitted, both of the marriage, & the identity of the applicant as the widow of the soldier could not possibly be adduced, for it cannot of course be supposed that she would have applied for as the administratrix for the balance of pay due to him, if he had not been his widow- 
The family record would of itself  be sufficent [sufficient] to establish the marriage, though it could not of course, prove the identity-
There is a consideration in this case to which special attention is invited, and that is the amount of pension to which this Mrs Lilley is entitled-
It is claimed that she is entitled to the full pay for service, of 2 years viz.
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$80 per ann.
It is well known that the account with the Army of the State of Connecticut close with the year 1781- and that of all soldiers who served subsequent to that time, the records of Connecticut do not furnish the evidence, nor do they state the period for which soldiers enlisted-
But the certificate of the select men of Windham shews [shows] that "Lilley served in the Connecticut Line, on & Previous to the month of April last as one of this Towns Quota of the Continental Soldiers".
There is service thus(?) shewn [shown] to the Month of April 1782, when Lilley must have died-
This certificate shews [shows] that he was in the Continental Line, and that he was one of the Quota of Continental Soldiers of the town of Windham.
Soldiers of that description it will be found
were enlisted for ["3 years, or" crossed out] during the war-
The Journals of Congress of October 3d 1780, and October 21st 1780 provide for the raising of troops to serve on the Continental establishment, and that the enlistments should be "for during the war"-
It will be seen that Lilley enlisted in December
1780, and it will not be assumed that he
enlisted to serve one year & four months only(?), which was the period he was in service-
It will be admitted that his enlistment was
"for during the war"- This being the case, it is
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claimed that the rate of pension to the widow, should be the same as if he had actually served two years or during the war, for his failure to serve the space of two years was no fault of his own. He was pledged to the United States to serve as much & more than two years. he entered upon the performance of this contract, and he lost his life in the service to which he had bound himself, and he was unable, by this reason, to complete the contract- It is a principle of law which will be found quoted by Hon Richard Rush in an opinion given in 1815, and published in the edition of the Pension Laws now in use, 'That "he who has hired his service, is to receive his reward for the whole time. I it has not been his fault that the service has not been performed"- (See Pension Laws) 
The law of 1836 according to the opinion of Mr Comr Edwards, as given in the case of Catharine Oakley formerly Catharine See, "was introduced, as a reward for the sufferings of those women who had husbands in the service during the revolutionary struggle." 
If Mrs Lillies husband had served 2 years he would be entitled to a pension according to the full pay of her husband, but her husband did not serve two years because he died, in the ['performance" crossed out] service- Is it to be supposed that her "sufferings" were not fully as great by reason of her husband's dying in the service- as they would have been had he lived to return to her and
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that her "reward", should at last be equal to what it would have been if Lilley had served two years? 
The law of the 15th May 1828, affords an illustration of the principle contended for in this case- That that law provides that each of the surviving officer of the Continental Line who was entitled to half pay by the resolve of October 21st 1780"- should have a pension- The resolve of Oct 21st 1780 declares "that the officers who shall continue in the service to the end of the war shall also be entitled to half pay during life" A strict construction of the act of 15th May 1828 would have excluded all officers who did not serve to the end of the war - But very many officers, enlisted for during the war became supernumerary, and left the army before its close- Yet they have drawn their pensions under the act of 15 May 1828. These officers did not serve for ["the" crossed out] during the war though they engaged to- but went out by act of Congress. Lilley engaged to serve during the war, and he went out of service not by act of Congress, but by act of God- by a dispensation of Providence which he could not avoid, and it is submitted that his widow is entitled to just as high a rate of pension as if he had served his time out-  Very respectfully 
Your obt. servt-
L.M. Drury-

J.E. Heath Esq
Comr of Pensions
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Canandaigua- N.Y-
Aug. 27, 1852
Sir,
In the case of Sybil Lilley Upton formerly widow of Abner Lilley, under act of 4th July 1836, I recently returned the certificate for the purpose of having a revision of the claim.
It may be a long time before the case can be reached for revision and perhaps a matter of doubt whether an additional allowance would be made. I would therefore request that the certificate which has been issued may be returned to me so that the money may be collected upon it-
The case can be reconsidered as well without as with the certificate
very respectfully
Your obt. servt-
L.M. Drury

F.F.C. Triplett Esq
Acting Comr
Washington DC
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Canandaigua New York
July 19, 1852
Sir:
I have received your letter of the 15th inst.
transmitting the decision of the Office in the
Case of Sybil Lilley decd widow of Abner Lilley under act of 4th July 1836.
Before a certificate ["issues" crossed out] is issued, I beg to have a reconsideration of the case: for it seems to me very clear, that the widow is entitled to a full pension under the act.
It appears, by your letter, that Abner Lilley did
not enlist to serve during the war- but he enlisted to serve a period of three years, and died in service after having performed one year, one month & one day of the term of his enlistment. If this is so, it but makes the
case still stronger, for it ["is" crossed out] then falls into the class of cases expressly designated by the acts of 4th July 1836 & 7th June 1832. The act of 4th July '36 declares that "if any person who served in the war of the Revolution in the manner specified in the act passed 7th June 1832, have died leaving a widow whose marriage took place before the expiration of the last period of his service, such widow shall be entitled- during the time she may remain
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unmarried. The annuity or pension, which might have been allowed to her husband, by virtue of the act aforesaid, if living at the time it was passed".
The question is, how much would Abner Lilley have been allowed to draw if he had been living on the 7th June 1832.? There can be no doubt but he would have been entitled to a full pension, for two years service, had he been alive in 1832, for he would have performed 3 years service, for that was the period to which he was bound by the terms of his enlistment, and nothing but death, desertion, or discharge could have prevented the actual performance of that length of service. He could not have been discharged from service before two years had expired- because the war had not ended - if he had deserted, all claim to a pension by him would have been forfeited, and the only thing which could prevent the full performance of his service, ["was" crossed out] or dibar [debar] him from the receipt of a full pension, was his death- and his death is the very thing which makes his widow entitled at all- and she is to have the full amount which might have been allowed to her husband if living on the 7th June 1832-
Had Lilley not enlisted for any specified term, but have died in service, there would then
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be no doubt, but his widow should draw, according to the precise amount of service which he did perform, But he has pledged to a service of three years duration, and it was not his fault that it was not all performed. His death may have been & doubtless was, caused by disease contracted in service, and the Government was therefore in a manner the cause, & responsible for his death- It is not on him therefore that the blame lies that two years service was not performed, or that he was not alive on the 7th June 1832, to receive the annuity which two years service would have given him.
If as Commissioner Edwards has said "the law of 4th July '36 was designed as a reward for the sufferings of those women who had husbands in the service", it would seem, if the decision of the office is correct in this case, ["that" crossed out] allowing a pension for but one year's service of Abner Lilley, that by his death, Mrs Lilley's sufferings were but half
as great, and the reward she was entitled to receive but half as large, as it would have been had her husband lived to return home to her- for then, he would have rendered at least 2 years service. But it is not the Spirit of the Law which is invoked to secure a full allowance in this case, it is believed that the letter itself will give it.
You state that the law of 7th June '32
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authorized the allowance of pro rata pensions".
That is true, but it should be observed, that
law was for the soldiers themselves, then living who should apply for its benefit.
Had Abner Lilley applied under that law a pro rata pension would have been allowed him if he had served less that 2 years- But the law of 4th the July '36 provides for the widows of those soldiers not living, 7th June 1832, and gives to them what their husbands would have drawn if alive - And that is the amount
which is asked to be given to Mrs Lilley.
If, upon a revision of this case, the decision of the Pension Office is still adhered to, so clear does it appear to me that a full pension is due, that I beg leave to request, that when the certificate is presented to the Secretary of the Interior for his signature, ["that" crossed out] the question itself ["be" crossed out] may be submitted to his consideration-
Very respectfully
Your Obt Servt
L.M. Drury

J.E. Heath Esq
Comr of Pensions
Washington
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Canandaigua- N.Y. 
July 20th 1852 
Sir:
I beg permission to return the certificate in the case of Sybil Upton- and to desire that a reconsideration of it may be had. 
I may be wrong in the position I take, but it does seem to me, that Mrs Upton is clearly entitled, not only by the Spirit but by the express terms of the act of 4th July 1836, to a full pension, and I would be glad if on a revision of the claim the decision of the Pension Office is altered to, to take the opinion of the Secretary of the Interior upon it. 
I addressed a letter yesterday to the Pension Office in this case, & would request that a reference may be had to that letter, which contains the substance of the views taken by myself in respect to the claim for a full pension- 
Very respectfully
Your Obt. Servt.
L.M. Drury

F.F.C. Triplett Esq
Acting Commissioner of Pensions 
Washington, D.C
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Sybil ["Lilly" crossed out] Upton decd.
formerly wid of Abner Lilly
New York
Act 4 July 1836
admd.
13 mo 1 day pri. $43.44 per an to 31 Augt 1841 when she died
Payable to Phineas Lilly, Olive Bragdon, John Upton James Upton & Elijah Upton, only surviving children.
See Let to agent July 15, 1852
Cert to L.M. Drury
Canandaigua
NY
Page 22

Abner Lilley-
Jany 13, 1857 -

write to Abner Lilly saying I have found proof of his father's service & am seeking [illegible]ther proof to establish [words possibly missing] claim-
Ask him to write & tell in what town his father & Mother were married- about what
time & if they have any old family record- Same(?) kind of proof
Wrote as directed above
Oct. 15th 1857

PAID
L.M. Drury Esq.
Canandaigua, N.Y.

14
N.Y.
Page 23

Hampden County State of Massachusetts Ezra Lillie of the Town of Springfield in the County of Hampden and State of Massachusetts, being duly sworn, saith that he was born in the Town of Windham in the County of Windham and State of Connecticut that he is Eighty Six years of age and has resided in said Town of Windham untill April A.D. 1850, that he perfectly well remembers John and Abner Lillie, that they were his own Cousins, and according to what was told him when a boy, he believes that said John and Abner Lillie entered the Army during the "Revolutionary War", that he remembers John after his return, but has no further Knowledge of said Abner Lillie but supposes that he died in the Army. The above mentioned John and Abner were sons of George Lillie, who removed with his family into the State of New York after the Revolutionary War. 
Ezra Lillie 
Commonwealth of Massachusetts
Hampden County ss. Feb 24, 1852. Then Ezra Lillie above named made oath to the truth of the forgoing affidavit by him subscribed. Before me Henry Morris Justice of the Peace
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Commonwealth of Massachusetts.
HAMPDEN, SS.
I, Geo B Morris Clerk pro tempore of the Judicial Courts of the Commonwealth, for the County of Hampden, do certify, that Henry Morris 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 Commonwealth; and that full faith and credit are 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 Henry Morris and believe his signature to said certificate is genuine.

In Testimony Whereof, I have hereunto set my hand, and affixed the seal of the Court of
Common Pleas for said Commonwealth,
this fifteenth day of March in the year of our Lord one thousand eight hundred and fifty two
Geo B Morris Clerk pro tem
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I further certify that the within named Ezra Lillie is a credible witness.
Henry Morris
Justice of the Peace
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Richland Jan. 13th 1851

Mr L.M. Drury
Dear Sir,
I have no means to ascertain the time of my father's death only that he died in the army but where when or how his family never could learn. It was supposed that he died of small pox near
New York city. There are but two children of Abner Lilley my father now living myself and sister Olive now Mrs Bragdon -
Yours Truly
Phineas Lilley
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awf

Rev. and 1812
War Section.

December 12, 1925

Mrs. E. C. Dexter
Mexico, Box 397
N. Y.

Madam:
I have to advise you that in the Revolutionary War pension claim (W. 15809) of Phineas Lilly, on account of the services of his father Abner Lilly; it appears that Phineas Lilly was born November 29, 1779, he was living in 1853 in Oswego County, New York.
There is no further data in said claim as to Phineas Lilly.
Respectfully,
WINFIELD SCOTT
Commissioner.
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Pulaski Oswego Co
New York
53 Maple Ave.

Rev Sec
[illegible]

Dear Sir,
Can you give me any information of the War record (Revolution) of Abner Lilley who enlisted with Albany Co. Militia, Thirteenth Reg. under Col. Cornelius Van Veighton Major Daniel Dickerson, Lieut Jabez Gage.
He is supposed to have been killed in battle.
Respectfully
Mrs. George H. Stark
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Box 397
Mexico, N.Y.
Nov. 11, 1925

Answer questions only

Commissioner of Pensions,
Washington, D.C.

Dear Sir:
I am trying to get my war record for membership in D.A.R. I have the military record of my ancestor Abner Lilly. Application for pension was made by his son Phineas,
Oswego Co., N.Y. on Mch 4, 1852 and the claim was allowed. What I want is any information you may have of the said Phineas. Can you tell me anything
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of his marriage or give me any dates which might be valuable? I thank you for the trouble.
Sincerely,
Mrs. E.C. Dexter