Revolutionary War Pension and Bounty Land Warrant Application File R. 301, Josiah Averill, Vt.

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(3-1776)
[column headings: SERVICE|[blank]| NUMBER|]
Vt.| Averill, lJosiah| R. 301.|
[blank]| Catharine|[blank]|
____
CONTENTS

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no. 52998.
301
Declaration of Catharine Averill for Pension + Testimony of 4 July, 1836.
['Catherine Craig' crossed out]
N. York

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Declaration in order to obtain the benefits of the 3d section of the act of 4th July 1836, and of the 1st section of the act of 3d November 1837.

State of New York
County of St. Lawrence ss: On this fifteenth day of December 1840 personally appeared before the Judges of the Court of Common Pleas in and for said county in open court now sitting at the court house in the Town of Canton in said County, Catharine Averill, a resident of the town of Pierpont in the County of St. Lawrence aforesaid, aged seventy eight 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 act of Congress dated July 4, 1836, and the act explanatory of said at passed March 3d 1837: That she was married to Josiah Averill in the month June or July (1778) seventeen hundred and seventy eight, as nearly as she can remember; she knows the marriage took place the next summer, after the battles at Bennington and Stillwater, in both of which her husband the said Josiah Averill was engaged. At the time of her marriage she was residing at Arlington in the State of Vermont and was  married at the house of Major [illegible] in the Town of Cambridge State of New York (abour12 miles from Arlington) - She was mar-

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ried by Mr. Dewey a clergyman who resided in the Town of Bennington in the State of Vermont. That her husband the said Josiah Averill was a soldier of the Revolutionary at the time of her marriage with him. At the commencement of the revolutionary he entered the service as a volunteer + went to St. Johns + Montreal under Montgomery. Sometime previous to her marriage he enlisted in Col. Warner's Regiment, Captain's name she does not recall, and was at home on a furlough at the time of her marriage. As nearly as she can remember, her husband continued in the service until the Close of the war, she thinks in Col. Warner's Regiment. Her husband resided in Arlington or Bennington Vt. at the time of his enlistment in Col. Warner's Regiment. His enlistment she thinks was for three years or during the war. She cannot state the precise times of his enlistment nor whether he enlisted more than once. Prior to her marriage he was engaged in the Battles of Bennington and Arlington. After the marriage he was stationed [illegible] at Lake George and Fort Edward.
He came home on furlough several times during his service after their marriage. He had a discharge at the close of his service which has been lost or destroyed. The marriage of the declarant is [illegible] + she cannot remember distinctly the [illegible] of her husband's service and she used to do - but she believes he served at least four or five years during the war of the revolution. She has no documentary testimony to prove her husband's services, and she cannot find any record of her marriage and believes no record was received of the marriage. She has a testament in her possession in which

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the names and ages of her children who survived their childhood are written by her deceased husband. Her first son Samuel Averill who lived to manhood was norm 11th September 1782. She had two children previously by her said husband, both of whom died infants.
She further declares that she was married was also stated to the said Josiah Averill in the month of June or July in the year seventeen hundred and seventy eight. She cannot state the day for the reasons above mentioned; that her husband the aforesaid Josiah Averill died on [illegible] in the month of October 1819; that she was never married afterwards; and that she was a widow on the 4th of July 1836. And still remains a widow - as will more fully appear by the proof hereunto annexed. Sworn and subscribed in open court before the Judges of the said court on the day and year above written.
/s/X her mark Catharine Averill

Sworn + subscribed in open Court on the day and year aforesaid
/s/A C LOW Clk

State of New York
St. Lawrence County ss: I Alvin C. Low, Clerk of the Court of Common Pleas in and for the aforesaid county do hereby certify that the above named declarant Catharine Averill appeared in court as above stated and that it appears to the said court that her statement is entitled to full credit - that her said husband was a revolutionary soldier as therein stated. I also further certify that the following deposition of Catharine Crary was duly rec'd in open court and that in the opinion of the said court that said Catharine Crary is a credible person entitled to full credit. 
In witness where of I have hereunto set my hand + affixed the seal of the said Court this fifteenth day of December 1840 - 
/s/A C Low Clk

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State of New York
St. Lawrence County ss. On this fifteenth day of December 1840 appeared in open court personally before the Judges of the Court of Common Pleas of St. Lawrence County aforesaid Catharine Crary of Pierpont in the County aforesaid, aged forty eight years and [illegible] duly sworn doth on her oath depose and say that she is the daughter of Josiah Averill and Catharine Averill within named; that her father the said Josiah Averill died at the Town of Bridgeport in the state of Vermont in the 12th day off October 1819; that her father was a revolutionary soldier, as she was so informed and believed from her [illegible] recollection; that he was [illegible] of a palsy for nearly a year prior to his death; that she always understood and believed him at or about the close of the war of the revolution; That her mother the said Catharine Averill was unmarried since his death and still is a widow and that she now resides in the facility of the deponent in the Town of Pierpont aforesaid.
Sworn to and subscribed in open Court before the Judges aforesaid the day and year above written.
/s/Catharine Crary

Sworn + subscribed in Open Court the day and year aforesaid.
/s/AC Low Clk

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In matter of Catherine Averill application for Pension Deposition of Nathan Berman

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State of New York
Franklin County ss. Be it known that on this sixth Day of February 1841 before the undersigned a justice of the peace in and for the said County of Franklin personally appeared Nathan Berman late of the Town of Chateaugay in the said County who being duly sworn according to law, doth depose and say that according to the bees of his knowledge ad belief, he is eighty six years of age; that during the war of the revolution he this deponent was in the service of the United States; that he was well acquainted with Josiah Averill, who at or about the Commencement of revolutionary war resided at Sunderland or Arlington in the state of the Vermont; that he well recollects that the said Josiah Averill enlisted as a private in Captain Gideon Brownson's Company in Col. Seth Warner's Regiment in the Continental Line of Vermont troops, as nearly as the deponent believes, as the year seventeen hundred and seventy-six - it might be in the year seventeen hundred and seventy seven, and that the said Josiah Averill continued to serve in the said Company in Col. Warner's Regiment, as a private soldier from the  time of his enlistment until the close of the Revolutionary war, and discharged with this deponent at Fort Edward in the State of New York, in the year seventeen hundred and eighty three; that this deponent during all this time above mentioned was a soldier in the same company and knows that the said Josiah Averill was engaged as a soldier at the battles of Bennington, Saratoga and Stillwater; and that at the close of war the said Josiah Averill and this deponent travelled together from Fort Edward to the State of Vermont.
And the deponent further says that he recollects

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that the said Josiah Averill was married since during time he war where he was at home on a furlough, as was reported + believed during the said Josiah Averill's acquaintances, although the deponent has no actual knowledge of the marriage. His wife's name was Catharine Canfield, whose family the deponent was well acquainted with and who resided in the Town of Arlington. The deponent knows that the said Josiah Averill + his said wife resided together as man and wife for several years after the revolutionary war and have several children.
/s/Nathan Berman
Subscribed + sworn the day and year first above written. Before me
/s/Asa Hascall

And [] before named Justice of the peace do certify that I am personally well acquainted with the above named deponent Nathan Berman and that he is a credible person dated the sixth day of February 1841 - 
That the said Nathan Berman for more than twenty years next previous to the first of October last past resided at the Town of Chateaugay in the County of Franklin and that about the day last mentioned the said Nathan Berman removed to and now resides in the Town of Malone in the same County. 
/s/Asa Hascall Justice of the Peace

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State of New York
Franklin County}ss. I Uriah d. Meeker clerk of the said County of Franklin do hereby certify that Asa Hascall Esquire whose name is subscribed to the foregoing certificate and before whom the foregoing affidavit was made, was on the day of the date thereof a Justice of the Peace in and for said County duly Elected and sworn, and residing therein, that I am well acquainted with Nathan writing of the said Justice and verily believe his signature to the said foregoing certificate and affidavit as Justice of the Peace is genuine - 
Given under my hand and the seal of said County this 15th day of February 1841.
/s/U. E. Meeker clerk

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Canton St. Lawrence co. N.Y.
Oct 22d 1843

Hon J. L. Edwards
Comm. of Pensions:
Sir - 
About 2 years since I forwarded Pension papers in the case of Catherine, widow of Josiah Averill, for a widow's pension. I received a letter stating that the case was suspended upon objections, relating, as I recollect, specifically to the proof of the marriage.
I try to state that a fire, which consumed my office, buildings, + my papers, has destroyed all the papers I retained in relation to the claim + also the letter from the Pension Department stating the objections.
Recently a relative of the applicant has visited Bennington Co. Vermont for the purpose of supplying this defective testimony, and after consulting Hon. Hilared(?) Hale, has [illegible] the depositions which I enclose, as follows the depositions of 
Mary Leonard, the sister of the applicant aged 86 years who testifies to the marriage about the time stated by the applicant - also of
Enos Canfield, a brother, aged 73 years to same fact; also of 
Elijah Hanly, who testifies to same fact; also of 
Robert Buck, aged 81 years, who testifies + concurs herein

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of the marriage + of the service of Averill; also of
The Town Clerk of Barrington Vt., also states that there is no record of the marriage + that records are defective - 
The depositions of the 4 first instances were taken before 2 magistrates whose hand writing is not certified to by the county clerk - but above official character is certified by the certificate of Samuel H. Blackmer, which is enclosed.
I cannot, from any recollection, state the particulars of the husband's service, + beg respectfully, that you will refer to the original application + testimony.
In the Case of Millicent Conkey, widow of Joshua Conkey, I sent some weeks since the additional evidence required by the Department, but  have received no return. 
Very Respectfully Your obt. Servant 
/s/Jno. Leslie, Rupell

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State of New York
Oswego county}ss.
Personally appeared before me the undersigned a Justice of the peace in and for the County + State aforesaid John Averill a resident of Mexico in said County, who being duly sworn according to law, deposes and says that he is a son of Josiah and Catharine Averill, both now deceased. That this deponent's Mother the aforesaid Catharine Averill during her life applied for a pension, and died, leaving children which now survive her; - That the marriage of this deponent's Father and Mother the aforesaid Josiah + Catharine Averill was opposed (as he has often heard them say) by near relatives - and in consequence thereof they went from home and was married - That this deponent verily believes that there is no public or private record of their marriage, this deponent further says that the record attached to this affidavit is a record of the names, and it also showes, the day, month, and year which each child  was born, that this said record is a record made by the aforesaid Josiah Averill in his old account book + that the said account book was his book which he kept accounts in as far back as the year 1797 and it appears by the hand writing that a portion of the above named record was made as early  as this year - 
/s/X His mark John Averill
Sworn and subscribed this 4th day of October 1851 before me
/s/Gilbert C. Forsyth Justice of the Peace

I certify that John Averill is a respectable person
/s/G. J. Forsyth J P

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[damaged paper]
Josiah Averill 
Hogs & Shack inside off of the Left gate

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[damaged paper]
[illegible] Born Sept 11:1782
____1784
____1786
____1788
____1790
____1792
____1795
____1797
[illegible] 22 1799 Lizzy
9 - 1801
5 - 1803
6 - 1807

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State of New York
County of Oswego}ss. 
I Orla H. Whitney Surrogate of said County do hereby certify that at a Surrogate court held in and for said County - before me the said Surrogate at Mexico in said County on this 24th day of November 1894, it was proved by the adduction of testimony satisfactory to the said Court that Catharine Averill (widow of Josiah Averill) died on the 26th day of October 1845. and at her  death she left the following named children in her surviving, and that they are now her only children her surviving, and that each of them are over twenty one years of age  viz. - Sarah Sturtevant of Fairfield, Vermont, - Mary Palmeter of Littlefort Illinois, - Canfield Averill of St. Lawrence County, New York - Catharine Crary of St. Lawrence County New York - John Averill of Oswego County NY - Urana Stodard of Oswego County N.Y. - Lucy Bright of St Lawrence County NY
In testimony whereof I have hereunto subscribed my name and affixed the seal of said Court this 24th day of November1894
[seal affixed]
/s/O. H. Whitney
Co-Judge and Surrogate of Oswego Co.

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[damaged paper]  

Ex'r. INVALID
No. 301
['Acts of July 14, 1862, and March 3, 1873.' crossed out]

Catharine Averill
P.O. Josiah Averill
Service: ____
Enlisted: ____, 18.
Discharged: ____, 18.
Application filed: ____, 18.
Alleges: ____
Re-enlisted: ____
Attorney: ____
P.O. ____

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N.Y. 5298.

Let. to J. L. Rupell, 
March 25, 1841.
to H.H. - Sylvester Lane 19 '44
to same August 2 - '44
" to same Sept 27 - '$$
Let to Arad Joy Apl 16. '47
Set G. C. Ames Nov. 18, 1855
          "     "       Dec 10/51.
Act 4 July '36

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I assign my agency to N. Leake Esq.
Arad Joy

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Hon J. L. Edwards Coms. of Pensions, Sir
We are the surviving children appoint Arad Joy of Ovid New York our agent to investigate our claim to the pension due to our deceased mother Catharine Averill, who applied for a pension from the State of New York - Jany. 1847
/s/Canfield Averill
/s/Lucy L. Bright
/s/Catherine Crary

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Catharine Averill New York
widow of Josiah
/s/Th Lumpkin(?)
June 10th '52
power shown to be - June 1852

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In matter of Co
Catharine Averill
applicant for Pension, Deposition of John Roberts

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State of New York
County of Clinton
Town of Plattsburgh}ss.
Be it remembered that before me Peter J. Roberts a Justice of the Peace in and for said County Personally came John Roberts who is to me personally known, and being by me duly sworn did depose and say that he was a soldier in the Army of the Revolution, and that he this deponent was personally acquainted with Josiah Averill and that the Said Josiah Averill was a soldier in the Army of the Revolution that deponent recollects seeing said Josiah Averill in the Army on many occasions, and was well acquainted with said Josiah Averill previous to the war of the Revolution, that previous to the war and at the commencement of the War of the Revolution deponent resided in Manchester Vermont, and said Josiah Averill resided in Sunderland, Vermont, a town joining Manchester, deponent further saith that he has seen said Averill in Captain Comstock's Company in the Army of the Revolution, deponent does not recollect what Regiment said Averill belonged to, but has seen him in different Regiments, deponent recollects having seen said Josiah Averill in a Regiment commanded by Colonel Ebenezer Allen, at Pitsford, and at another time deponent saw said Averill in Rutland Vermont in a Regiment or Post commanded by Colonel Brownson, during the War of the Revolution - deponent further says that he has no doubt but said Josiah Averill was in the Service of the United States a year or more as deponent well recollects seeing him frequently in the Service - 
/s/John Roberts
I certify that the above deposition was taken subscribed + sworn to before me on the 16th day of September AD 1840 by the above named John Roberts after having carefully read the same to him + that he is a credible witness - 
/s/Peter J. Roberts Justice Peace}

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State of New York
County of Clanton ss. I the Subscriber Clerk of said County certify that Peter I. Roberts before whom the within Deposition of John Roberts was taken + sworn on the sixteenth day of September 1840 was at said time a Justice of the Peace in + for said County + his signature [illegible] of said affidavit is genuine.
Witness my hand the official seal at Plattsburg this fourteenth day of December AD 1840.
/s/Smith Mead Clerk

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In the matter of Catherine Averill widow of Josiah Averill 
Testimony of Nathan Berman

File this with the letter of T. L. Rupell, left in Penna Office [illegible] Mrs. Averill claim May 9, 1844.
/s/H H Sylvester
May 24, '44

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State of New York
Franklin County}ss. Be it known that on this twenty eighth day of September in the year one thousand eight hundred and forty Before the undersigned Justice of the peace in and for the said County of Franklin personally appeared Nathan Berman of the Town of Chateaugay in the said County who after being duly sworn according to law deposeth and saith that according to the best of his knowledge and belief he is eight six years of age, that during the War of the revolution he this [illegible] was in the service of the United States, that he was well acquainted with Josiah Averill who at the commencement of the said Revolutionary War resided at Sunderland in the State of Vermont that he well recollects that the said Josiah Averill enlisted as a private in the Company commanded by Captain Gideon Brownson in Col. Seth Warner's Regiment in the Continental line of Vermont Troops as early as the year seventeen hundred and seventy six and that the said Josiah Averill continued to serve as a private soldier in the same Company of Capt. Brownson and Col. Warner's Regiment from the time of his enlistment till the close of the revolutionary war and was discharged with this deponent at Fort Edward in the State of new York in the year seventeen hundred and eighty three that this Deponent during all that time was a soldier in the same company and knows that the said Josiah Averill was engaged as a Soldier at the Battles of Bennington Stillwater + Saratoga. that at the close of the war the said Josiah Averill + the Deponent travelled together from Fort Edward to Sunderland in the State of Vermont.
/s/Nathan Berman
Subscribed and Sworn Before me this 28th Day of September 1840 /s/Asa Hascall Justice of the Peace
And I the said Justice of the Peace do certify that I am personally well acquainted with the above named Nathan Berman and that he is a credible person
/s/Asa Hascall Justice of the Peace

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State of New York
Franklin County }ss. I Uriah D. Meeker, Clerk of the County of Franklin do certify that Asa Hascall Esquire before whom the within affidavit appeared to have been made, and whose name is subscribed to the within certificate was on this day of the date thereof a Justice of the Peace in and for said County duly Elected and sworn and residing therein that I am well acquainted with the hand writing of said Justice, and verily believe his signature within written as such are genuine - given under my hand and the seal of said county this 15th day of December in the year 1840.
/s/U. D. Meeker, clerk

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Canton St. Lawrence Co. N.Y.
February 17th 1841

Hon. J. L. Edwards
Comr. of Pensions

Sir:
Accompanying is written Declaration of Catharine Averill for a widow pension with deposition of Catharine Crary annexed - also depositions of Nathan Berman and John Roberts. also a testament in which is recorded  the births of the children, being the only record in existence.
Very Respectfully Your obt Servant
/s/Jno Leslie Rupelle

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In matter of Catherine Averill widow of Josiah Averill
Deposition of Town clerk of Bennington Vt.

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I, Hiram R. Haswell, of Bennington in the County of Bennington and State of Vermont depose and say that I hold the office of Assistant Town Clerk in the County, Town and State aforesaid and by virtue of said office have the custody of the Records of said Town, and I further say that I have made diligent search for a records of the marriage of Josiah and Catherine or Katy Averille but cannot find one I further one I further say that the Records of Marriages, from the year 1763 to the year 1800 is very imperfect.
/s/Hiram R. Haswell
Assistant Town Clerk
Bennington Vt.
September 20th 1843.

Bennington County ss.
Bennington, Sept. 20, A.D. 1843.
Personally appeared Hiram R. Haswell to me well known as assistant Town Clerk of the town of Bennington aforesaid, and made oath that the facts set forth in the foregoing certificate are the truth. - 
Before me - /s/O. C. Merrill, Justice of the Peace

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State of Vermont
Bennington County ss.}
[county seal affixed]
I Samuel H. Blackman Clerk of Bennington County Court do hereby certify Orsamus C. Merrill whose named subscribed to the within war at the date thereof an acting Justice of the peace in + for the County of Bennington, that I am well acquainted with the hand writing of said O. C. Merrill + verily believe his signature to be genuine.
In witness whereof I have hereunto subscribed my name + affixed the seal of County this 20th day of September A.D. 1843 - 
/s/Saml. H. Blackman Clerk

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State of Vermont
Bennington County ss.}
[county seal affixed]
I Samuel H. Blackman Clerk of Bennington County Court do hereby certify Orsamus C. Merrill whose named subscribed to the within war at the date thereof an acting Justice of the peace in + for the County of Bennington, that I am well acquainted with the hand writing of said O. C. Merrill + verily believe his signature to be genuine.
In witness whereof I have hereunto subscribed my name + affixed the seal of County this 20th day of September A.D. 1843 -
/s/Saml. H. Blackman Clerk

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May 25, 1844
aoo proof 
Cathe Averill

Hon J. L. Edwards
Commr Pensions

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Sir
The enclosed affidavit is to be used in support of the claim of Catherine Averill, widow of Josiah, of NY. under the Act of July 4, 1836.
I am Respectfully
/s/Henry H. Sylvester
May 25 1844

Col Edwards

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May 10 46
NY
C. Averill
Hon J. L. Edwards
Commr Pensions
H H Sylvester
[illegible]

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Washington City
May 9, 1844
Sir
I am requested by the Hon. Mr. Wright of the Senate, to procure an examination of the papers of Mrs. Catherine (or Kate) Averill, widow of Josiah Averill of the State of NY. The papers have been some years in your files. Mr. Rupell who writes Mr. Wright does not state whether the claim, under the Act of July 4 1836 or July 7 1838.
I am Respectfully
/s/H. H. Sylvestus

Ho J. L. Edwards
Commr Pensions

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Cert [illegible] Josiah Averill Senior

Nathan Berman whose papers I have ex'd + who served in Warner's reg't, + who receives a pension in under Act 1818, at 96 per annum, says positively that Averill served with him, which I suppose to be fine. John Roberts, who is due a pension under Act 1818 - testifies to same person's service by Averill, he did not enlist in Warner's Rgt until 1780 and does no speak of Averill's service in that Regt.

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State of Vermont
Secy of State's Office}
Montpelier July 8, 1844

Henry H, Sylvester Esq.
Sir, 
In compliance with the request of Hon. William Upham I have made examination of the Pay Rolls in this Office for proof of service of Josiah Averill, + I find the following:
1780 - Capt. M. Lyons Compy - March - 6 days - October 18 days
Aug. 6, 1781 - Capt Lemuel Bradley - 3 days.
On Capt John Warner's Comps Roll is the name of "Josiah Avery", service from Sept 4 to Dec 3 - Roll dated Sept 1778.
I find the names of "Corpl. Isaiah Averill" - of Jesse + of Joseph Averill.
Respectfully, 
/s/F. F. Merrill, Depy + Acting Sec of State

See affidavit of Nathan Berman + John Roberts
Live and then papers

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Aug 12, 44
Address
Cath. Averill

Hon. J. L. Edwards
Comm Pensions

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State of Vermont
Secy of State's Office} Montpelier Aug. 7, 1844.
Sir, 
Isaiah Averill was Corpl in Capt Elijah Galusha's Com'y of Arlington Oct 1781, 6 days + Dec. 1781 3 days. this is all the service of Isaiah that I find.
Since writing you, I have been comparing the copies of Rolls, made by my predecessor, and find mistakes, and among them a mistake concerning Josiah Averill.
[marginal notes: 6. 3. 20. 3/1 m 2]
I find he served 20 days in Dan Comstock's Compy in Oct 1781. The name is written "Jos. Averill." and I find Josiah is meant but am not sure.
I find Josiah Averill's name on Capt Elijah Galusha's Compy Roll, as Sergt. in May 1782 3 days.
Respectfully, 
/s/F. F. Merrill
Depy Secy of State

H. H. Sylvester Esq.

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Aug 10 44

Sir
I hand you this, on consideration of the statement of Mrs. Catharine Averill widow of Josiah [illegible]? of NY. If upon all the proof exhibited, from record and verbal testimony, you can feel yourself justified in allowing her 6 ms. pension, it will really gratefully accepted.

I am Respectfully, 
/s/H. H. Sylvester

Comr Edwards

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[illegible postmark]
Novr. 29, 1847
Power of Atty [illegible]
Catherine Averill


Hon. J. L. Edwards
Commr. of Pensions
Washington DC

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Ovid N. Y. March 22d. '47

Dear Sir
I enclose my appointment as the agent in the case of Catharine Averill who applied under the law of 1836 - from New York - as the widow died in Oct 1844, as I am informed, there seems  to be no one to give me a clue to the case, may I therefore be allowed respectfully to ask you for a report, stating the condition of this case.
I hope my request will be within your rule.
Respectfully Your Obt. Servt.
/s/Arad Joy

Hon J. L. Edwards
Comr of Pensions
Washington DC

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Washington Novem. 4, 1851

James E. Heath Esq

Sir
Enclosed you will please find additional evidence in support of the claim of Catharine Averill widow of Josiah Averill of the State of New York.
On the 5th July last I filed a power of attorney in this case and also in the Case of Catharine Osborne which has I suppose been mislaid as no report has been made upon them.

Very Respectfully, 
Your Obt Sevt.
/s/Geo C. Ames

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Affidavit of Phares Rice

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State of New York
Oswego County}ss: Phares Rice of Volney in the County of Oswego + State of New York being duly sworn deposes + say that he was a resident of Bridport in the County of Addison in the State of Vermont in the year 1812 + for twenty years thereafter - That sometime in the year 1812 he became acquainted with Josiah Averill and Catharine his wife. That said Josiah + Catharine were there living together as husband and wife in Bridport, county and State aforesaid, + continued  so to live together as man and wife till the death of said Josiah Averill some six or seven years thereafter. That he was acquainted with said Josiah + Catharine from sometime in the year 1812 till his death in 1819 and that during said time they were reputed to be, + lived together as husband and wife - and that said Josiah and Catharine claimed to be the parents of a large family of children, with several of whom Said deponent was well acquainted - + further says not.
/s/Phares Rice

Sworn + subscribed before me this 25th day of Sept. 1851}
/s/J. D. Stephens
Justice}

/s/ L. Newell Gada {Witness

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State of New York
Oswego County}ss. John Averill of Mexico in the aforesaid County being duly sworn according to law deposes and says that he is one of the children of Josiah and Catharine Averill both now deceased. That his Mother the aforesaid Catharine Averill during her life time made application for a Pension due her for the service of his Father the aforesaid Josiah Averill That this deponent has a direct interest in the application about to be renewed for a pension due his Mother the aforesaid Catharine Averill deceased.
/s/X his mark John Averill

Sworn and subscribed this 9th day of June 1851 before me - Gilbert C. Forsyth
Justice of the Peace}

Know all men by their presents that I John Averill of Mexico County of Oswego + state of New York do hereby constitute and appoint George C. Ames of Washington City DC. my true and lawful  attorney for me and in my behalf to prosecute my claim to the pension due my Mother Catherine Averill deceased hereby confirming what he may lawfully due in said claim./s/X his mark John Averill
Witness my hand this 9th day of June 1851

State of New York
Oswego County} ss. Be it known that on the 9th day of June 1851 before me Gilbert C. Forsyth

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Justice of the peace in and for said County duly authorized by law to administer oaths Personally appeared John Averill to me known, and acknowledged the foregoing power of attorney to be his act and deed. In testimony whereof I have hereunto set my hand the day and year last above mentioned
/s/Gilbert C. Forsyth
Justice of the Peace

State of New York
Oswego County Clerks Office}ss. I do hereby certify that Gilbert C. Forsyth whose name is subscribed to the certificate of the proof or acknowledgment of the above instrument and thereon written was at the date of said certificate a Justice of the Peace in and for said County and duly authorized to take the same and further that I am acquainted with the handwriting of the aid Justice and verily believe the signature to the said certificate of proof or acknowledgment to be genuine.
In Testimony Whereof I have hereunto set my hand and affixed the Seal of said County this 26th day of June 1851.
[county seal affixed]