Revolutionary War Pension and Bounty Land Warrant Application File R. 5857, for Benjamin Kendall, Virginia

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Kendall, Benjamin                  Number R58587
              Elizabeth

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State of Kentucky
County of Hardin Sct

On this 21st day of October in the year 1839 Before the Justices of the Hardin County Court being a Court of Record, now in Session personally appeared Elizabeth Kendall of said County of Hardin and state aforesaid aged Seventy 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 an act of Congress passed July 7, 1838 entitled An act granting half pay and pensions to certain widows. That she is the widow of Benjamin Kendall, who was a Soldier in the revolutionary war and entered the service of his Country in the County of Prince William in the State of Virginia as a regular for the term of in the Regiment of Col George Rogers Clark, and marched with said Regiment out to the now State of Illinoise and assisted in taking Kaskaski, and other places, how long the said Benjamin served in said Regiment the declarant does not now recollect of hearing him say but [but] she is confident it was upwards of three years, He the said Benjammin served in the same Company with one Jacob Vanmeter late a pensioner on the Roll of the Kentucky agency from Hardin County Ky. The discharge on other papers of the said Benjamin was given to one Jerry Kendall a few years since for the purpose of obtaining the Bounty land still due for the services of the said Benjamin which papers the said Kendall says is lost. She further declares that she was married to the Said Benjamin Kendall in the County of Stafford in the State of Virginia on the first day of September Seventeen hundred and Eighty Six (1786). That her Husband the aforesaid Benjamin Kendall died on the Sixteenth day of February Eighteen hundred and Seventeen (1817) That she was not married to him prior to his leaving the service but the marriage took place previous to the first of January Seventeen hundred and ninety four Viz at the time above stated. She further declares She Knows of no record evidence of her marriage nor of the age of her children.
Elizabeth her X Kendall

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At a court began and held for Hardin County at the court house in Elizabeth Town on Monday the 21st day of October 1839 being a Court of record

"On this day Elizabeth Kendall an applicant for a pension came into court in open court and subscribed and swore to her declaration for the same and the court do hereby declare their opinion after the interrogation of the matter that the said applicant is the widow of Benjamin Kendall deceased and believing to be a soldier in the Revolutionary war"

State of Kentucky Hardin County Sct}

I Samuel Haycraft Clerk of the Court of the County of Hardin and Stae aforesaid do certify that the above order of court is truly copied from the record in my office.

I Testimony whereof I have herewith set my hand and seal of office this 21st day of October 1839

Sam Haycraft clerk
of the Hardin County Court

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August 29 1786 (August the twenty ninth seventeen hundred eighty six) Benjamin Kendall to Eliz'a Jameson Dau'ter of Alex'r Jameson of  [illegible]

Stafford County State of Virginia to wit

I John M Conway Clerk of the County Court of Stafford in the State of Virginia do hereby certify that the foregoing is a true copy of the record of the marriage of Benjamin Kendall to Elizabeth Jameson Daughter of Alexander Jameson_ Overwharton Parish as the said record [illegible] on the register of marriages in my office, with the exception of the date which is [illegible] on the record in fair legible figures as follows "August 29 1786"

I John M Conway above named depose & say that I hold the office of Clerk of the County Court of Stafford in the State of Virginia, and that the above is a true extract from the record of the office of said Court, with the exception above named certified by me,
Sworn before me 
Saml S Brooke a Justice of the Peace

State of Virginia Stafford County to wit

I John M Conway clerk of the County Court of Stafford, in the State of Virginia, do hereby certify that Samuel S. Brooke is a Magistrate as above & that the foregoing signature purporting to be his is genuine

In testimony whereof I have hereunto affixed my seal of office & subscribed my name this 20th day of December 1839_

JM Conway - clerk
of the Court of Stafford County_

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The deposition of Enoch Kendall a resident of Hardin County Ky taken at his own residence to be used as evidence in favour of the application of Mrs Elizabeth Kendall for a pension under an act of Congress passed July 1 - 1838

Deponent being fifty five years old the 26th day of last June Deposeth and saith that he is the son of Benjamin Kendall Deceased & Elizabeth Kendall the present applicant, Deponent further saith that from his earliest recollection, he understood from his Father that he was a soldier in the revolutionary war and performed service for some years under the command of Colonel George Rogers Clark and was with the said Commander when he took Kaskaskia on the wabash river in now the State of Illinois. He further States his father the said Benjamin Kendall died on the Sixteenth day of February Eighteen hundred and Seventeen, And that his Mother the aforesaid Elizabeth Kendall has remained a widow from the death of his Father to the present period. The deponent has no doubt the said Benjamin & Elizabeth were lawfully married they having lived together as man and wife ever since the deponents earliest recollection and he never heard the legality of their marriage call in question or doubted by any person whatever And further saeth(sic) not

Enoch Kendall    X his mark

State of Kentucky  Hardin County Sct}

The above deposition was this day sworn to and Subscribed by Enoch Kendall before me William E Wilson a Justice of the peace in and for the County of Hardin and State aforesaid and I certify the said Enoch Kendall is a man of good moral character and a person of truth and veracity

Given from under my hand this 17th day of October 1839

W E Wilson J Peace

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State of Kentucky Hardin County Sct}

I Sam'l Haycraft Clerk of the Court for Hardin County and State aforesaid Certify that W. E. Wilson whose name is Signed to the foregoing certificate is now and was at time of signing the same a Justice of the peace in and for the County aforesaid, and Legally authorized to administer oaths and his Signature is Known to me to be genuine

In testimony whereof I have hereunto Set my hand and affixed my seal of office this 21st day of October 1839

Sam'l Haycraft Clerk
of the Hardin County Court

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Act of 1838

Elizabeth Kendall
wid of
Benjamin Kendall

Kentucky [illegible]
Roll

Power of Atty
To
James G. Austin
Present

I desire to See His 
paper on file

JG Austin

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Hodgenville Ky Sept 28th/53

L P Waldo Esq'r

Court of Pensions  I am am(sic) one of the heirs of Benjamin Kendall decd a Revolutionary pensioner of the USA Elizabeth Kindall(sic) his widow who made application for a pension & died without receiving her pension the heirs have appointed Jas G Austin of Washington DC their attorney in the Claim & desire the department to regard him as the lawful attorney of the heirs and that you will Exhibit to him all papers on file Claim & to render him all proper facilities for the favorable prosecution of Said Claim

William H Kindall
One of the heirs

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100 Acre Survey for
Benjamin Kendall
for his service @
Illinois Regiment

widower referred to 
in my letter of Sept
1st 1851.

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Pt. of No. 245.
MS
A
[hand drawn map; survey of land]

Surveyed for Benjamin Kendall 100 acres of Land allowed him by the Board of Commis. in the Illinois Grant, & part of a 500 Acre Survey No. 245. Beginning at MS two Sugartrees, the North corner of John Thurston's Survey No. 244 & South Corner of James Robertson's Survey No. 260; running thence with Robertson's line N.50° E.133⅓ poles to a whiteoak, comes to Thomas  [illegible] 200 Acre Survey S.40°E.120 poles with Keys line and crossing a branch of the East Fork of Silver Creek to a White [illegible] on the side of a [illegible] and in a line of Isaac Kellar's 200 Acre Survey S.50°W.133⅓ poles with Kellar's line to a line of Thurston's Survey aforesaid; Whence with Thurston's line N.40°W.120 poles, crossing the branch before mentioned, to the Beginning.
W. Clark S.P.S.
Recorded & E 13th Apl, 1789.
Ex'd

state of Indiana Clark County} Sct

I Joseph Bower Recorded in and for the County & state aforesaid do hereby Certify that the above is a true & correct Copy of the original as it now appears of Record in my office in the original survey Book of the Illinois or Clarks grant on page 155 given under my hand and private seal (having no seal of office) at Charlestown this 13th day of June A. D. 1851.

Joseph Bower R.C.C.   seal

Stae of Indiana Clark County 

I Eli M Carey Clerk of the Clark circuit court in said State certify that Joseph Bower Esq by [illegible] the above and foregoing [illegible] was

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copied is the Recorder of deeds & in and for said county duly commissioned and sworn and that full faith and credit are due to all his official acts as such and his signature to the foregoing certificate is genuine

In Testimony Whereof I have hereunto Subscribed My name and affixed the Seal of Said circuit court at the Courthouse in Charlestown the 13th day of June A. D. 1851

Eli M Carey Clerk C.C.

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Elizabeth Kendall
of Benjamin
Kentucky

Suspended

Cl 25 Jan'y 1842 [all stricken through]
C. Chris [all stricken through]
do 24 April 1840 [all stricken through]
let to do 13 July '40' [all stricken through]
J.J. Coombs Feb'y 2 1833 [all stricken through]

V857

Act 7 July 1838

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Acts of July 14, 1862, and March 3, 1873.
[above all stricken through]

REJECTED [ink stamp]

5857
P. O. 
Elizabeth Kendall

Service: [blank]
Enlisted: [blank], 18
Discharged: [blank], 18

1852 Printed Rejected
and Suspended Pensions

Application filed: [blank], 18

Book [illegible] "Reason for Suspension"
For Further proof.

Alleges: [blank]
Re-enlisted: [blank]

Attorney: [blank]
P.O. [blank]

[blank] Recognized.
[blank] Contract
[blank] Cert. of Dis.
Searched for [blank], 18

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22

Pension Office
Feb'y 2 1853

Sir
The marriage of Elizabeth Kendall widow of Benjamin of Ky, act July 7 1838, is admitted, but there is no such proof of service as would justify the office in the admission of the claim. She has furnished evidence that a man bearing her husband's name received Land, but she is in no way identified as the widow of that man.

J. J. Coombs Esq [signature]
Present

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169

Pen Office July 13. 1840

Sir,
At your request a re-examination of the claim of Mrs. Elizabeth Kendall widow of Benjamin Kendall dec'd has been made. She alleges that her husband served as [a militia man stricken through] an enlisted soldier of Virginia under Gen'l George Rogers Clark and was at the taking of Kaskaskia, and that he served in the same company with Jacob Vanmeter dec'd late a pensioner. On referring to the declaration of Jacob Vanmeter, it is found that he served as a militia man, in the expedition under Gen'l Clark. There is no evidence in this office of the service of the claimant's husband. It should therefore be proved by witnesses from personal knowledge. The name of the captain under whom the service

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was performed should be [word 'given' stricken through] set forth in [words 'her declaration' stricken through] an amended declaration.

The claim of Mrs. Mary Kincade widow of Robert Kincade dec'd has also been re-examined. There is no evidence of the alleged service of her husband's in the Virginia line in this office, and the testimony exhibited with her husband's declaration under act 18th March 1818, is not deemed sufficient. The proof of the marriage is not satisfactory. The period of the marriage should be proved by witnesses from personal knowledge, who knew the claimant to have been a married woman previous to 1st January 1794,

Christopher Chinn Esq'r
of Kentucky
Present

K 6324    K 6325 } oct '38

C Chinn
July 13 1840

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War Dept Pen. Office
Jan: 25, 1840

Sir,
The declaration and testimony in the case of Mrs Mary Kinkade widow of Robert Kincade dec'd, have been examined and filed with suspended cases. Some additional testimony as to the period of the marriage should be exhibited. Her husband alleged in his declaration to have served in the Virginia line and on board the Ryder Ally. The records here afford no evidence of the alleged service and [words 'if any' stricken through] the witnesses [illegible] have testified to the service, were not so specific in their statement as required by the regulations. If any additional proof of the services can be procured, it should be exhibited.

The papers in the case of Mrs Elizabeth Kendall widow of Benjamin Kendall dec'd have also been examinied and filed with suspended cases. It is alleged that he served as an

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enlisted soldier [word 'of' stricken through] under Col. George Rogers Clark and was at the taking of Kaskaskia and served three years, and that he was in the same company with Jacob Vanmeter. He did not serve as an enlisted soldier but as an Ensign of militia, as appears by his declaration. There is no proof in this office of the service of the claimant's husband. It should therefore be proved by witnesses from personal knowledge and the [word 'claimant' stricken through] Captain's name should be set forth in the declaration_  Proof of the period of the marriage should be also exhibited.

The claim of Mrs Nancy Stith widow of Joseph Stith dec'd has been allowed. Her Pension certificate will be issued in a day or two and sent to you

Christopher Chinn Esq [signature]
Harrodsburg, Ken

K6324  K6325} act 7 July 38
D6326} admitted

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Pen. Office 
April 24, 1840

Sir,
On reply to your letter of the 15th ins't in the case of Mrs. Elizabeth Kendall widow of Benjamin Kendall, dec'd. I have to inform you that the extract from my letter to you of the 25th January last, a copy of which is herewith enclosed, will show what further proof is required relative to her husbands service. The copy from the records of Stafford Co Va, showing the period of her marriage has been received and filed with her other papers. On my letter to you of the 25th January last, it was in the case of Mrs. Mary Kincade and not in the case of Mrs. Elizabeth Kendall,

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that reference was made to her husband's declaration.

Christopher Chinn Esq
Harrodsburg, Ken.

6324
act 7 July 38

April 24, 1840
C. C.

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W. City

Sir
Herewith I enclose you record evidence of both the service of Benjamin Kendall & his marriage to Elizabeth his wife who Survived him

The certificates of Pension you will please enclose to me through the post office

Very respectfully
your [illegible]
S F J. Trabue [signature]

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Washington, Sept 1st 1852.

Sir:
I respectfully a re examination of the claim of Sarah Kendall, widow of Benjamin Kendall, of Kentucky, for the benefit of the act of 7th July 1838.

In the file you will find additional evidence, which has never been acted upon. This evidence was placed in the file some months ago, but has never been regularly filed so as to be acted upon. It certianly proves sufficient service to warrant the allowance of a pension.

I am, very respectfully
Your obt Sevt
J. J. Coombs [signature]

Jas. E. Heath Esq
Court of Pensions

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Harrodsburg 13th April 1840

Sir
Yours of the 25th January last was duly received in which you state that the papers of Mrs Elizabeth Kendall widow of Benjamin Kendall dec'd was received examined and suspended in consequence of a disagreement in her declaration and that of her Husband, I presume there must be a mistake as to her declaration, as her declaration and proof go to show clearly that her husband Benjamin Kendall died on the 16th February 1817 which was prior to any pension law for Revolutionay Soldiers,

On the 2nd of January last I enclosed you the certificate of the Clerk of Stafford County of the marriage of Benjamin Kendall & Elizabeth Jameson to be filed with the rest of her papers which I hope came safe to hand

Please give her claim another examination and so soon as it [illegible] your convenience I should be pleased to hear from it

Your Obt Servt
Chs Chinn [signature]

Col J. L. Edwards
Comis of Pensions
Washington City

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Harrodsburg Ky 25th January 1840

Sir
On the 4th November last I forwarded you the declaration of Mrs Elizabeth Kendall widow of Benjamin Kendall Dec'd I now forward you the Clerks Certificate of the Marriage of the said Benjamin to Elizabeth

Your Obt Servt
Chr Chinn [signature]

Col J. L. Edwards
Commissioner of pensions
Washington City

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1785. August 29. Benjamin Kendall to Eliz'a Jameson Dauter(sic) of Alex'r Jameson of [illegible] 

Stae of Virginia Stafford County} to wit:

I John M. Conway clerk of the Court of Stafford County in the State of Virginia do hereby certify that the foregoing is a true copy of the record of the marriage of Benjamin Kendall & Eliz'a Jameson as the said record stands on the Register of marriages in my office

In testimony whereof I hereunto set my hand & affix the seal of my said office at the Court House, this 9th day of September 1851, in the 7th year of our foundation

H. H. Conway clerk