Revolutionary War Pension and Bounty Land Warrant Application File W. 2,898, William Ake, Del.

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Del.          Ake, William		W.2898          
                Esther 		        BL Wt. 2043-100
                Easter

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12015 -R Delaware
William Ake of Sussex County in the state of Delaware who was a private in the regiment commanded by Colonel Hall of the Delaware line for the term of 5 years.
Subscribed on the roll of Delaware at the rate of Eight dollars per month, to commence on the 1st of May 1818.
Certificate of Pension issued the 21st of month 1819 and sent to Sam. Paynter et al, Wilmington Delaware.

Arrears to 4th of March 1819 10 4/31			81.03
Semi anl all'ce ending 4th Sept 1819			48.00
						           $129.03

Revolutionary claim
Act 18th March, 1818

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1778   5 years

1st May 1818

(William Ake)

Admitted

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State of Delaware
Sussex County
	
	Be it Remembered that on the first day of May in the year of our Lord one thousand eight hundred and eighteen, came before me Samuel Paynter.  Just one of the Judges of the Supreme Court of the State of Delaware, William Ake a native citizen of the County of Sufolk and State of Delaware aforesaid, aged 57 years, who being solemnly Sworn on the Holy Evangelical of Almighty God, deposeth and Saith that in the Revolutionary War in this year seventeen hundred and seventy eight, he enlisted a private soldier under the command of Captain Peter Jaquel in the Delaware Regiment commanded by Col. David Hall and General Smallwood, Gen Gates and Gen. Green, that he remained to serve in the aforesaid company until the conclusion of the war, when he was discharged by General Proclamation in the year seventeen hundred and eighty three.  The said deponent further saith that Belitha Townsend served at the same time in the aforesaid Regiment in the company commanded by Captain Lucas, in which service he knew said Townsend two years, that he Townsend and this deponent were enoculated and had the small pox in the same house. And the aforesaid William Ake further deposeth and saith that from his reduced circumstanced he needs the assistance of his country for support.

							William Ake

Sworn and subscribed the day and year above
Written before me		Sam. Paynton Jun A.J.S.C.

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The State of Delaware
Sussex County to wit
		I do hereby certify that Samuel Paynter Esquire is one of the judges of the Supreme Court for the State of Delaware xxx and that full forth and credit is and ought to be given all his acts and deeds as such in testimony I have hereunto set my hand and affixed the Seal of my Office at George Town the twenty first day of May in the year of one thousand eight hundred and eighteen.

						Wm Russel

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Office of the Secretary of the State of Delaware												Dover, 24 June 1819
 
There are in this office payrolls of Captain Peter Jaquet’s company, which was attacked to xxxx forward part of the Delaware Regiment commanded by Colonel David Hall in the divide after United States on the continental establishment during the revolutionary war, from May 1777 to March 1780, in xxxx xxxxx it appears that a man of the name of “William Ake” served as a private soldier in the said company from the 19th June 1778 until and during the month of March 1780.

It also appears from a master vote of the non xxxxx officers, drummers and fifes and rank and file after late Delaware Regiment. Xxxxx the first company of the second battalion in Colonel Williams Regiment serving in the Southern army of the United States” dated “Hillsborough, N. Carolina, Sept 1780, and which xxx xxxx ,this office, that a private soldier of the name “William Ake” then belonged to and was serving in the last mentioned company.

			Certified for the United States War Deposit
								H.M. Ridgely

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William Ake
Sussex County, Del
No 12115
Sep 1819


(xxxx 
  J.C. Calhoun
  Secretary of War
   Washington)

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District of Delaware xx
		On this sixteenth day of November eighteen hundred and twenty personally appeared in open court of the Court of Common Pleas of the State of Delaware in and for Sussex County being a court of record, having the power of fine and imprisonment.  William Ake age sixty one years resident in Baltimore Hundred in the said county who being first duly sworn according to law doth on his oath declare that he served in the Revolutionary War as follows in the Delaware Regiment in the company of Captain Peter Jequet in the Delaware line.  The first declaration made by this deponent was on the first day of May eighteen hundred and eighteen, and the pension he has received, has been on the Pension Certificate No, 12615.  And I do solemnly swear that I was a resident of the United States on the eighteenth day of March eighteen hundred and eighteen, that I have not since that time by gift, sale or in any manner disposed of my property or any part thereof with intent thereby to diminish it so as to bring myself within the provisions of an Act of Congress entitled “an Act to provide for certain pensions engaged in the Land and Naval service of the United States in the Revolutionary

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war” payed on the eighteenth day of March eighteen hundred and eighteen, and that I have not, nor has any person in trust for me any property or securities contracts or debts due to me, nor have I any income other than what is contained in the Schedule here to xxxxx by me subscribed.  Inventory of the Goods and Chattles of William Ake.
1 xxxxx of xxxxx			$20
1 Cow and calf			 10
1 Sow and Pigs			   5
3 Shotes			   6
2 Cows and Calf			18
2 Young steers			15
3 Yearlings			 6
			     $80.00

And this deponent further saith that his occupation is that of a farmer that he is not in any good health but works sometime being subject to the Rheumatism has a wife very infirm named Hesther about fifty years of age, a son is about eighteen named William who lives with him and a daughter named Paggy aged fifteen

				Signed
					William Ake

Sworn and declared by the said William Ake on the sixteenth day of November eighteen hundred & twenty before me. And I do further certify that it is the opinion of the Court that the above appraisement is correct.

					Francis Brown Atty

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The State of Delaware
Sussex County to wit
				In testimony that the foregoing is a true copy of the Record thereof I have hereunto set by hand and affixed the Seal of the Court of Common Pleas at George Town the first day of December in the year of our Lord one thousand eight hundred and twenty.


					Franics Brown PrAtty

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				11796

															Pennsylvania Phila

			Esther Ake dec’d
		Widow of William Ake, who died on the ____ of ____ in the State of ____ who was a private in the ____ commanded by Captain ____ of the ______ commanded by ______in the Revolution line for 2 years.  Delaware line.
Inscribed on the Roll of Philadelphia at the rate of 80 Dollars 00 per annum, to commence on the 4th day of March, 1836, and end Nov. 23rd 1840.

Certificate of Pension issued the 15th day of December 1855 and sent to Joseph A. Clay 
									No. 47 South 5th St
									Philadelphia, PA

Arrears to the 4th of 
Semi-annual allowance ending 					Revolutionary Claim			
								Act July 7, 1838.
								G. T. Getty, Clerk

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State of Delaware
Sussex County
			On this eleventh day of February in the year of our Lord one thousand eight hundred and forty, personally appeared before me, John Tunnell a notary public for the State and County aforesaid, Easter Ake, a resident of Baltimore Hundred in the County of Sussex, aged seventy five 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, passed July y, 1838, entitled of her belief, he was not drafted, but was a volunteer; that she believes he was in the battle of Eutaw Springs, Camden, Guilford Court house and most of the engagements at the South: that she has no documentary evidence in support of her claim, and that the said – William Ake died on the fourteenth day of May in the year eighteen hundred and twenty four.  She further declared that she was lawfully”An Act granting halp – pay and pension to certain widows”.  That she is the widow of William Ake who was to the best of this deponent’s belief, a private soldier in the Delaware Regiment and in the company commanded by Captain Kirkwood.  Cannot saw when he entered the service, but that he was in the army about five years and six months and served until the close of the war; that he resided in Baltimore Hundred and Sussex County and Stated of Delaware at the time he entered the service; that to the best married to the said William Ake on the sixteenth day of October in the year seventeen hundred and eighty five; that her husband the said William Ake died on the day and in the year before mentioned, that she was not married to him previous to his leaving the service but that the marriage took place prior to the first day of January, seventeen hundred

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and ninety four viz.  at the time above stated 
							(her name to be signed here Easter (x))

Sworn to and subscribed on the day and year above written, before me

									John Tunnell
									Notary & xxxx   Public (Seal)

I, Richard Jefferson do hereby certify that I am now, and for thirty years past, have been a resident in Baltimore Hundred, in Sussex County, and State of Delaware, that I am well acquainted with Easter Ake and was also well acquainted with her husband William Ake before his death, that the said Easter and William always passed as man and wife, that I never heard the legality of their marriage questioned, and believe that they were lawfully united as husband and wife. – and that they became the parents of eight children, three of whom still survive; that the said Easter informs me that she has no family or other record of their marriage.  I also further certify that that the said William Ake was a pensioner during his life time, that to the best of my belief he enjoyed the same for about five years and six months previous to his discease which took place about the time specified in the foregoing deposition.  That the said Easter Ake is old, very infirm and decrepit in consequence of the white swelling in one of her limbs, and is thereby prevented from appearing before any court in this state, the nearest which is nearly thirty miles distant from her place of residence.  That the said Easter Ake has never been married since the death of William Ake and now passes with all her neighbors as the widow of the said William, that she is in my estimation a woman of strict veracity and that her oath is worthy

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of full faith and credit.

	Signed by the said Richard Jefferson in my presence
				John Tunnell
				Notary Public.

	I also do certify that the said Richard Jefferson is at this time a member of the Legislature of this State and a gentleman of high standing and respectability.

				John Tunnell
				Notary Public

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Claim of the Children of
Mrs. Esther Ake


Filed Dec 19, 1855

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William Wharton of Baltimore Hundred in the County of Sussex in the State of Delaware being duly sworn according to law deposes and says that he is well acquainted with the family of William Ake and Esther Ake of the said County, and has been so acquainted for about fifty years last past, that he was acquainted with the said William and Esther in their life-time, that the said Esther Ake, who survived her husband, died on the twenty third day of November, eighteen hundred and forty, that the said William and Esther Ake had eight children of whom three only are now living, viz, James Ake aged about sixty nine years, Thomas Ake, and Margaret Wharton, late Ake, all of whom are now living and residing in the now County of Sussex and State of Delaware

		William Wharton

On the twenty first of November, A.D. 1855 before me, Oswald Thompson, President Judge of the Court of Common Pleas for the County of Philadelphia, personally appeared the above named deponent William Wharton, who being duly sworn according to law did depose and say that the contents of the above deposition and the facts therein set forth are just and true to the best of his knowledge and belief, and I do certify that to my personal knowledge the said facts appear to be sufficiently established.  In witness whereof I have hereunto set my hand and seal at Philadelphia, the day and year above-written.  Oswald Thompson - President and Judge

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Philadelphia City and County, ss.

I, Esquire, Prothonotary of the Court of Common Pleas for the City and County of Philadelphia, Do Certify, that the Honourable Oswald Thompson, Esq by whom the foregoing Attestion was made, and who has thereunto subscribed his name, was at the time of making thereof, and still is, President of the first Judicial District of Pennsylvania, and Presiding Judge of the Court of Common Pleas, Orphans; Court and Court of General Quarter Sessions of the Peace for the City and County of Philadelphia, duly commissioned and sworn, to all whose acts, as such, full faith and credit are ought to bd given, as well in Courts of Judicature as elsewhere

In testimony whereof, I have hereunto set my hand and affixed the Seal of the said Court, the xxx day of eighteen hundred and fifty xxx

								Prothonotary

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William Wharton being duly sworn according to law, says that he was well acquainted with William Ake late of Baltimore Hundred in the County of Sussex and State of Delaware, who was a soldier in the Revolutionary Army-and also with Esther, his wife, now deceased – and that he has been also well acquainted with the family of the said William Ake for many years that the said William and Esther Ake had six children only, of whom three, James Ake, Thomas Ake and Margaret now Margaret Wharton, are still living; a fourth child, John died nearly twenty years ago in Philadelphia, leaving three children, all living, viz. Hetty now Hetty Ward; William Ake, and Jane intermarried with John Stetser; a fifth child George died in 1836 at Philadelphia, leaving two children, Margaret intermarried with Barzilliai Barymore and now living, and Elizabeth who died about four years since, without issue; the sixth child, Joshua Ake, died in infancy, many years since.  That he was present at the execution of the two letters of Attorney to Joseph A. Clay; one executed by James Ake, Thomas Ake, Margaret Wharton and this deponent, and the other dated September 26th 1855 and executed by Barzillia Barymore, Margaret Barymore, John Stetser, William Ake and Hetty Ward: and did see the parties constituent therein named respectively execute and acknowledge the said Letters of Attorney.  And further saith not. 

Sworn and subscribed before me this twenty seventh day of September 1855.

Oswald Thompson							William Wharton
	Resident Judge

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Barzillai Baymore of the City of Philadelphia being duly sworn according to law – says that he is the husband of Margaret Ake who is the daughter of George Ake, son of William Ake and Esther, his wife, of Baltimore Hundred in Sussex County and the State of Delaware.  That the said George Ake died a number of years since leaving two children, Margaret above named and Elizabeth who died without issue.  That John Ake, also died many years since leaving three children, all now living viz, William Ake, Hetty Ward and Jane, wife of John Stetser.  That Margaret, daughter of William and Esther Ake, is now living and intermarried with William Wharton.  That Thomas and James Ake, two other children of William and Esther Ake, are to the best of the deponent’s knowledge and belief now living in the State of Delaware: at the he believes the statements contained in the foregoing Affidavit of William Wharton to be correct, and that they correspond with his own knowledge of the family.  That he was present at the execution of a Letter of Attorney to Joseph A. Clay, dated on the the 26th dyt of September, 1855, and executed by this deponent and Margaret Baymore his wife, John Stetser and Jane Stetser, his wife, William Ake, and Hetty Ward; and did see the parties constituent therein named respectively execute and acknowledge the same.  And further saith not.

Sworn and subscribed before me this twenty-seventy day of September, 1855

Oswald Hampton					Brazillia Baymore
President Judge

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On the twenty seventh day of September, A.D. 1855, before me, the subscriber, Oswald Thomason, President Judge of the Court of Common Pleas for the County of Philadelphia in the State of Pennsylvania, personally appeared William Wharton, residing in Baltimore Hundred in the County of Sussex and State of Delaware, and Barzillai Baymore, residing in Ann Street in Port Richmond in the City of Philadelphia, who being duly sworn according to law, and declare and say that the contents of the foregoing depositions made and subscribed by them before me, were true to the best of their respective knowledge and belief.  And I do further certify that I am satisfied of the credibility of the said witnesses and with their proof of the facts contained in their said depositions.

								Oswald Thompson
								President Judge


I, James Gideon, Esquire Prothonotary of the Court of Common Pleas for the City and County of Philadelphia, Do certify, that the Honorable Oswald Thompson, Esq. by whom the foregoing Attestation was made, and whose name is thereto subscribed, was at the time of making thereof, and still is, 1’resident of the first Judicial District of Pennsylvania, and President Judge of the Court of Common Pleas, Orphans’ Court and Court of General Quarter Session of the Peace for the City and County of Philadelphia, duly commissioned and sworn, to all whose acts, as such, full faith and credit are and ought to be given, as well in Courts of Justice as elsewhere, and that the foregoing attestation was made in open court.  
In testimony whereof, I have hereunto set my hand and affixed the Seal of the said Court, the twenty seventh day of September, eighteen hundred and fifty-five.

					James Gideon, Esq.
					Prothonotary

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In the matter of the application of Esther Ake for arrears of Revolutionary pension.

In the Court of Common Pleas for the County of Philadelphia
State of Pennsylvania
County of Philadelphia, 

		On this second day of April, A.D. 1855, before the Court of Common Pleas for the County of Philadelphia, personally appeared William Wharton, a resident of Baltimore Hundred in the County of Sussex and State of Delaware, aged fifty six years, who being duly sworn according to law, did declare and say (on being shown the Pennsylvania Pocket Almanac for the year 1783 marked A, containing certain entries of births and deaths, that he received said book form Edward P. Daizey, of Sussex County, Delaware, a grandson of Thomas Dazey formerly of the said County, deceased.  That the said book has been known for a long time to some of the oldest inhabitants of the said County as a book kept by Thomas Dazey in which the births and deaths of numerous persons in the neighborhood were entered; and that these circumstances were so reported to the deponent by several of the said oldest inhabitants of the said County and also

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by the said Edward P. Dazey at the time when the deponent received the said book from him: and that the said Edward P. Dazey told this deponent at the same time that he had heard his grand father the said Thomas Dazey, deceased, say that William Ake, husband of the said Esther Ake, had procured him, the said Thomas Dazey, to enter and register for him in the said book the births of two of his children James Ake and Joshua Ake.
And this deponent further says that the following is an exact copy of an entry contained on the fourth page of the said Almanac, opposite the month of January therein.
James Ake, son of William Ake and Easter His wife was Born the 12 Day of May in the year of our Lord Anno dominy 1786

And that this deponent promised to return the said book to the said Edward P. Dazey, on which condition alone the book could be obtained from him.

Sworn to and subscribed before me, in the open Court, the day and year above written
										William Wharton
				Wm D. Kelley

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And on this second day of April A.D. 1855 before the said Court of Common Please for the County of Philadelphia, personally appeared Aaron Dazey of the City of Philadelphia, who being duly sworn according to Law, did declare and say that he is a son of Thomas Dazey of Baltimore Hundred, in the County of Sussex and State of Delaware – (Being shown the Pennsylvania Pocket Almanac for the year 1783 – marked A).  That he remembers the book and knows it well, that it belonged to his father, the said Thomas Dazey and that it contains the record of a number of births and deaths of the inhabitants of the neighbourhood where his father, the said Thomas Dazey resided.  That his said father was a man of more education than many of his said neighbours and that it was an ordinary thing for the neighbours to procure hit to enter their births and deaths in their family in his book – (Being shown the entry on “the top” of page of the said Almanac opposite the month of January).  The deponent further says that this entry is in the proper hand-writing of his father, the said Thomas Dazey, and that the following is an exact copy of the said entry –
			James Ake, son of
			William  Ake and 
			Easter His wife was
			Born the 12 Day of 
			May in the Year of
			Our Lord Annodominy 
					1786

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The deponent further says that he knows the said James Ake, that they were boys together and that from his said knowledge he believes the said entry to be strictly correct.

		Sworn and subscribed 		
		In open court before me, this			Aaron Dazey
		Day and year above written
				William D Kelley

City and County of Philadelphia, Pa
		I, James G. Gibson, Esquire, Prothonotary of the Court of Common Pleas for the City and County of Philadelphia, Do certify that the Honourable William D. Kelley, Esq by whom the foregoing Attestation was made and whose name is thereto subscribed was at the time of making thereof and still is Associate Justice of the Court of Common Pleas, Orphans’ Court and Court of General Quarter Session of the Peace for the City and County of Philadelphia, duly commissioned and sworn, to all whose acts, as such, full forth and credit are and ought to be given, as well in Courts of Justice as elsewhere: and that the foregoing attestation was made in open Court.

In testimony, whereof, I have hereunto set had and affixed the seal of the said the twenty seventy day of September
							Jas. G Gibson

(William Ake’s claim)
(Joseph A Clay)
(47 South Fifth Avenue, Philadelphia)

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				12.615	R
				Widow, &c

	File No. 2898
		Esther Ake
			Widow
		William Ake
			Pri. Rev War
		Act: Julu 7, 1838
			Index – Vol A, Page 7
		(Arrangement of 1870.)

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Philadelphia Pa – xxxx
Esther Ake, xxx who was widow of William, who was a private Delaware xxxx.

XXXX Act, July 7, 1838
	$80 per Ann.
Ca March 4, 1836 xxx Nov 23, 1840 when she died,
Payable to 
	James Ake, 
	Thomas Ake &
	Margaret Wharton
Org children 
To: Joseph A. Clay
	No 47 South 5th Street
	Philadelphia, PA

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(let 18 Nov 1839)
(Ms. Esther Ake)

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Esther Ake of William
		Delaware
Suspended
	Xxxxxx July 1840
		Jas W Rouston
		Joseph A. Clay Dec 21, 1854
	xxx xxxx Oct 5/55
	same Oct 23/55

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Brief in the case of Esther Ake, dead, widow of William,
	Sussex County and State of Delaware
		Act July 7, 1838.
	Claim, (“original,” or “for increase.”)
	Proof exhibited (if original)

It is documentary, traditionary, or supported by rolls?  If either, state the substance.
Her husband was a pensioner on the Delaware Roll under the Acts of March 18, 1818 and May 1, 1820.  She is clearly identified as having been the widow of the late pensioner, and her marriage to him prior to 1794 established by Record proof.
(If for increase.)
Has additional evidence been filed since admission of the claim? If so, what?

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Georgetown D.C.
	March 4th
	(March 9, 1840)
	
	George W. Crump Esq.
		Pension Office
		Washington
			D.C.

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						State of Delaware			
						Georgetown, March 4, 1840

Dear Sir,
	By the request of Richard Jefferson Esq. a friend of Mrs. Ake, I have this day enclosed to the Department of War, the declaration of  Esther alias Easter Ake made under and as I believe,  in accordance with the regulations prescribed by the President and adopted by the Secretary of War, for the administration of the law of Congress of the 7th July 1838 “granting half pay and pensions to certain widows”.

	I have no personal acquaintances with Mrs. Ake, nor am I in any way interested in the success of her application, other than as a friend induced to take this step in her behalf, by the representations of those whose honesty and benevolence I believe to be xxx-peachable.  The declaration of the applicant and the certificate of W. Jefferson contain all the facts that it is in the power of Mrs. Ake to afford: it is hoped that the records of the War Department will furnish more certain evidence as to the facts and time of Ake’s service in the army.  It is the general impression here that he served during the greater part of the war.  From his own accounts as remembered by those who have heard him speak of the matter, he was in the first place under the command of Gen. Washington at the North and was subsequently ordered to the South, where he served until the close of the Revolution.  But the proof of these facts is necessarily imper

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fect in consequence of the uncertain channels through which they have come down to us:  Trusting however, that the proof adduced in the communications herewith – transmitted, may be sufficient in the opinion of the Department, to entitle her to the bounty which she seeks at the hands of the Government.
				I have the honor to be 
					With great respect
					Your obedient servant
					John W. Houston
	 
George W. Crump Esq.

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 Mitchell D Hudson of the county of Sussex state of Delaware being duly sworn according to Law Deposes and says I was acquainted with William Ake and Esther his wife and has been for fifty years and upwards as I have been neighbors to him for a space of time, I am well acquainted with his children James Ake Jrs the oldest one and I am about sixty eight or nine years old or thereabouts as near as I can assertain the second oldest on this is living is Thomas Ake who as near as I can assertain is about sixty three or four years old there or there about.  The third and Last of the children of William and Esther Ake his wife is Margaret Wharton Lute who I think as I can assertain is about fifty two years old or there about.
                           Mxxx D Hudson

Sussex County, Delaware - Be it remembered that on the xxx day of June xxx 1855 before me Eli Daivs a Notary  Public for the County of Sussex and stated of fore said by Lawfull even though duly commissioned previously xxxx Mitchell D Hudson of the county of Sussex and the state aforesaid who by me duly sworn according to Law did declare and say the written declaination by xxx signed and true in every respect.

In testimony whereof I have hereunto affixed my hand and notorical the day and year above written.
                          Eli Davis
                          Notary Public

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J L Edwards
Commissioner of pensions
Washington DC
 
(Nov  18, 1839)

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                       Halls Store Baltimore Hundred
                       Sussex County Delaware State
                       November the 13th 1839

Dear Sir my husband William Ake of this place a pensioner on the list has been dead many years he was a soldier I believe in the Company Kirkwood of the Delaware Regiment in the Revolutionary war.  Will you oblige me by sending me instructions how I am to obtain my pension money or other compensation for his service or whither I am entitled to as his widow I am poor and afflicted and will be dubly thankful to you for information.  Respectfully your obe servant
                           her    x     mark
                             Esther Ake

Mr. J. L. Edwards
Commissioner of Pensions
test in the presents of Richard Jefferson

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Joseph A. Clay
47 South Fifth St
Philadelphia

Additional tes
con of 
Esther Ake
                         Dec 38

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Know all men by these presents that we Brazilla Baymore and Margaret, his wife, John Stetcher and Jane his wife, William Ake and Hetty Ward, late Ake, all of the city of Philadelphia, do make, ordain, nominate, constitute and appoint Joseph A. Clay of the said City, Attorney at-Law, to be our and each of our true and lawful attorney for us and each of us and in our and each of our name, stead and behalf, to ask, demand, recover and receive from the United States of American, and from all or any officers thereof, all and every pension, arrears of pensions, sum and sums of money, to us and each of us due, belonging and appertaining as descendants of husbands of descendandts of William Ake. late of Sussex County in the State of Delaware, who ws a Revolutionary pensioner on receipt thereof to give full and sufficient releases, discharges and acquittance for the same.  In witness whereif we have hereunto set our hands and seals this twenty sixth day of September, A.D. 1855.

Sealed and delivered
in presence of us
James Cathers                 Barzillia Baymore
                                        Margaret Baymore (x)
William Delaney               John Stetser
                                         Jane Stetser (x)
                                         William Ake (x)
Hetty Ward                       Hetty Ward (x)

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Before me the subscriber on of the Alderman of the City of Philadelphia, personally appeared the within named Barzillia Baymore, Margaret Baymor, John Stetser and James Stetser constituents in the within Letter of Attorney, and acknowledged the said Letter of Attorney to be their and each of their act and deed for the purposes therein specified.  Witness my hand and seal at Philadelphia this twenty 26th day of September A.D. 1855
                                James Cathers 
                                Alderman

City of Philadelphia
In this twenty sixth day of September 1855 before me the subscriber and Alderman of the City of Philadelphia personally came William Ake and Hetty Ward two of the parties in the foregoing written letter of Attorney named and acknowledged the same xxx their and each of their act and deed for the uses and purposes therein named and witness my hand and seal
                                    Moor Kenney
                                    Alderman

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Letter of Attorney   

James Ake, Thomas Ake, William Wharton and Margaret Wharton, late Ake

to
Joseph A. Clay
       of Phila

xxx xx x xxx

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Know all men by presents, that we, James Ake, Thomas Ake, William Wharton and Margaret, his wife, late Ake, all of Baltimore Hundred in the County of Sussex and State of Delaware, (which said James, Thomas and Margaret are the surviving children of William Ake, of the said County of Sussex, deceased, a soldier of the Revolutionary War, and of Esther Ake, his widow) have made, ordained, nominated, constituted and appointed, and by these presents do make ordain, nominate, constitute and appoint Joseph A. Clay of the City of Philadelphia Counsellor at Law to be our and each of our true and lawful Attorney, for us and each of us and in our and each our name, stead and behalf to ask, demand, recover and receive All arrears of a Revolutionary Pension granted to the said William Ake on account of his services in the Revolutionary War, and all and every pension and arrears of pension due to the said Esther Ake as widow of the said William Ake and on account of his said Revolutionary services, and also in our name to examined all papers and records of any Department of Office of Government relating to such pensions and arrears, and generally to do all such other matters and things as may be necessary for the recovery of such pensions and arrears, hereby satisfying and confirming all that our said Attorney may lawfully do in the premises.  In witness whereof we have hereunto set our hands and seals this 22th day of November A.D.  1854

Sealed and delivered in presence of us

Eli Davis       James Ake (x)
Wm Hall       Thomas Ake (x)
                      Margaret Wharton (x)
                       William Wharton

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State of Delaware
County of Sussex

On this twenty xx day of November in the year 1854 personally appeared before me the xxxx republic Justice of the Peach, duly authorized by law to administer oaths and take acknowledgements in and for the County aforesaid, James Ake, Thomas Ake, Williams Wharton and Margaret his wife.  Ake, parties constituent to the foregoing Power of Attorney and subscribers to the same, and acknowledged the same to be their free act and deed, for the purposes therein mentioned, and made oath, in due form of law that they are personally interested in the said claim, to wit, James Ake, Thomas Ake, and Margaret Wharton late Ake, as children of the said William Ake, deceased, and of Esther Ake, his widow, and William Wharton, as husband of the said Margaret. 
And I further certify that all the said parties constituent to the said Power of Attorney are personally known to me to be the identical individuals therein and thereby represented.
                      Eli Davis N.P

Page 42

I David Hall Now aged seventy years being sworn on the Holy Evangelic of Almighty God do depose that I am a native and resident of Sussex State of Delaware that I was well acquainted with Easter Ake widow of Wm Ake and that I was also acquainted with Mrs. Ake said Easter husband befor his death that the said Easter of Wm Ake always posed as man & wife that I never herd the legality of their marriage questioned and believe that they were lawfully united as Man and wife & that they became the parents of some eight children three of whom still survive & that the said Easter Ake survived her husband Wm. Ake and live & died his widow which he died on or about the fourteenth day of May in the year on thousand eight hundred and twenty four & that Easter Ake died on or about the twenty third day of November one thousand eight hundred & forty and that Wm. Ake was a pensioner and was always understood to have enlisted during the war of the Revolution that they always since my recolection resided in Sussex County State of Delaware and further the said deponent saith that James Ake Thomas Ake and Margaret Wharton late Ake are the children of said Wm Ake and old pensioner of Easter Ake his wife
                                        David Hall
sworn and subscribed before me
                                         Eli Davis
                                         November 22th 1854

Page 43

I Samuel A Hall now of the age of seventy eight years being sworn on the Holy Evangelist of Almighty God deposeth of saith that he is a native& resident of Sussex Co Delaware that he was well acquainted with W. Ake and old soldier of pensions & that he was also well acquainted with Easter Ake his wife that they always pass for husband and wife & that they were so considered the legality of their marriage was never questioned that they had some eight children three of which still survive.  The oldest one James Ake being now about sixty eight years old and that said Wm. Ake died on or about the fourteenth day of May eighteen hundred & twenty four Easter Ake his widdow survived him and died the twenty third day of November Eighteen hundred and forty of that said Wm. Ake & Easter Ake always since my recolection resided in Sussex Co. Delaware

    Eli Davis                       Lemuel A. Hall (son)

I James Ake now aged about sixty eight years being sworn on the Holy Evangelist of Almighty God deposeth and Saith that he is alway was Resident of Sussex Delaware & that he is a son of Wm. Ake an old pensioner now dec'd that Easter Ake wife of said Wm. Ake was his mother.
                                        James Ake (x)


sworn before me the 22nd November 1854 
      Eli Davis NP

Page 44

Esther Ake
of William
Delaware

Page 45

State of Delaware
Sussex County
                   On this twenty seventh day of February in the year of our Lord one thousand eight hundred and forty personally appeared before me John Tunnell a notary public for the state and county aforesaid Easter she a resident of Baltimore Hundred in the County of Sussex aged seventy five years who being first duly sworn according to Law does on her oath make the following declaration.  In order to obtain the Benefit of the provision made by the act of Congress passed July 1832 entitle an act granting half pay and pension to certain widows that she is the widow of William Ake who was to the best of this desponents belief a private soldier in the Delaware regiment and in the Company commanded by Captain Kirkwood.  I can not say when he entered the service but that he was in the army about five years and six months and served until the close of the war that he resided in Baltimore Hundred in Sussex County and State of Delaware at the time he entered the service that to the best of her belief he was not drafted but was a volunteer that she believes he was in the Battle of Eutaw Springs Camden Guilford Court House and most of the engagements at the South that she has no documentary xxx. In support of her claim and that the said William Ake Died on the fourteenth day of May in the year eighteen hundred and twenty four.  She further declares that she was lawfully married to the said William on the sixteenth day of october the year seventeen hundred and eighty five that her husband the said William Ake died on the day and in the year before mentioned that she was not married to Wm previous to his leaving the service but that the marriage took place prior to the first day of January seventeen hundred and ninety four at the time above stated.

Witness Richard Jefferson      Easter Ake (x)
                                                     her mark

Page 46

Sworn to and subscribed on the day and year above written before me.
                          John Funnell
                          Notary xxxxx public

I Richard Jefferson do hereby certify that I am now and for thirty years past have been resident in Baltimore Hundred in Sussex County and State of Delaware that I am well acquainted with Easter Ake and also her husband William Ake before his death that the said Easter and William Ake always passed as man and wife that I never heard the legality of their marriage questioned and believe that they were lawfully united as husband and wife and that they became the parents of eight children three of whom still survive that the said Easter informed me that she has no family or other record of their marriage I also further certify that the said William Ake was a pensioner during his life time that to the best of my belief he enjoyed the same for about five years and six months previous to his discease which took place about the time specified in the foregoing deposition that the said Easter Ake is old very inferm and decrepit in consequence of the white swelling in one of her limbs is thereby prevented from appearing before any court in this State the nearest of which is nearly thirty miles distant from her place of residence that the said Easter Ake has never been married sence the death of William Ake and now passes with all her neighbors as the widow of the said William that she is in my 
estimation a woman of strict veracity and that her oath is worthy of full faith and credit.
                                Richard Jefferson

Page 47

I do also certify that the said Richard Jefferson is at this time a member of the Legislature of this State and a gentleman of high standing and respectability
                                   John Funnell

State of Delaware
Sussex County SS

I George R. Fisher, Prothonotary of the Superior Court of the State of Delaware and for Sussex County, do hereby certify, that the above written John Funnell was at the above date, a Notary and  xxxx Public of the said State, residing in Sussex County aforesaid, duly commissioned, qualified, and accredited, and by the laws of the said State, is duly authorized to take affidavits x. x.   In testimony whereof, I have hereunto set my hand and affixed the seal of my office, at Georgetown, the twenty eighth day of February in the year of our Lord on thousand eight hundred and forty
                              George R. Fisher.  Pro

Page 48

Sussex County
State of Delaware

Henry Burbage of Baltimore Hundred & county aforesaid being duly sworn according to Law deposes and says I did know William Ake and Esther Ake his wife for many years before they departed this life and I do know James Ake xx be their  son i know they claimed him to be such and as near as I can assertain from the family records the aforesaid James Ake is about sixty eight years old last May, the 12, 1854.  I was born March the 16th 1785 and the next oldest son that is living is Thomas Ake and Margaret Wharton late Ake and she is the 
third and only daughter
                              Henry S. Burbage

Sussex County
State of Delaware

Be it remembered that on the xx day xxxxx 1855 before me Eli Davis a notary public for the County Sussex and State aforesaid by Lawful and with duly xxxxx personally appeared.  Heresay xxxx xxxxx of the county of Sussex who by the duly sworn according to Law did declare and say that the written declaration by him signed is just and true in every respect
        In testimony where I have hereunto 
        affixed my hand and notary seal the day 
        and years written above

                        Eli Davis
                         Notary Public

Page 49

Wm Ake
Del line
Power for Warranty

Page 50

William Ake
No 2043

Page 51

The deposition of Elias Mason aged ninety three years who says he was acquainted with Willam Ake and that William Ake served in the Continental Army in the Delaware line till the end of the war & that Thomas Ake - James Ake & Peggy Wharton are children of the same William Ake who served aforesaid  

                          Elias Mason (x)   xxxxx


State of Delaware
County of Sussex
March 31st 1834

This day Elias Mason personally came before me a justice of the peace in and fore said county and made oath to the truth of the above deposition and I certify that he is entitled to full confidense and credit as witness my hand and seal the day and year above
                              Stephen Hill N.P.

Page 52

State of Delaware
County of Sussex

I Thomas Ake - hier at Law of William Ake - do upon my oath declare and testify that, to the best of my knowledge and belief, the said William Ake did enlist in (and for the term of during the war as a private in the Delawar troops and served in the regiment No,  of infantry under the command of Colonel David Hall - of the continental line, and that he continued in the service until the end of the war.  I further declare that I have never received a warrant for the Bounty xxxx of promised to said William Ake - on the part of the United States, nor do I believe that he ever received it, or transferred his claim to it in any manner whatsoever.  Therefore xxxx all men by these presents, that I Thomas Ake aforesaid do hereby constitute and appoint the person Elliz of xxxx, Virginia to be my true and lawfull attorney for me and in my name to demand and receive from the Secretary of War of the United States A warrant for the quantity of land due to me as aforesaid, and my said attorney is hereby fully authorized and empowered to constitute and appoint one or more substitutes or attorneys under him for the special purposes above xxxx.  Writing my hand and seal this first day of April 1834

                                         Thomas Ake (x)

Attest
Thomas Dazey
Zadock Hill

Personally appeared the above named Thomas Ake subscriber to the to the foregoing declaration, and in my presence acknowledged the power of attorney thereto subscribed to be his xx and xxx. writing my hand and seal this first day of April 1834

                                   Wm J Hall J.P.

Page 53

State of Delaware
County of Sussex

Personally appeared before me this subscriber a Justice of the Peace for said county - Thomas Ake, and made oath in due form of law that he together with James Ake and Peggy Wharton are the only surviving children and heirs at law of William Ake late a private in the Delaware Line in the Revolutionary Ware and that said William Ake died on or about the year 1826 without leaving other heirs now living.

Sworn to and subscribed before me this first day of April 1834

Wm Hall, J. Pence           Thomas Ake (x) xxxxx


Personally appeared before me the subscriber a Justice of the Peace for the aforesaid county Thomas Dazey and Zadock Hill - cretiable and disinteresed witnesses and made oath in due form of law that they are acquainted with the above mentioned Thomas Ake, James Ake and Peggy Wharton and that they are the reported children and heirs of William Ake who died leaving a widow now living

Sworn to and subscribed before me this first day of April 1834

Wm Hall J.P                        Thomas Dazey xxxx
                                            Zadock Hill xxx

State of Delaware
Sussex County

In testimony that the above written Stephen Hill and William Hall were each of them Magistrates authorized to take acknowledgements and so forth in the State of Delaware, at the above date, and that their names subscribed to the foregoing certificates appears to be their and each of their xxx signature respectively, I have hereunto affixed my seal of office and subscribed my name and quality as Prothonotary of the Superior Court of the State of Delaware for Sussex County at Georgetown the sixth day of May Anno Domini 1834
                                   George R. Fisher Pro-

Page 54

Esther Ake Claim
Copy of letter from pension office Oct 5 and answer Oct 16/55


Col Niles
 
Dec 14/55

Page 55

                            Pension Office,
                                       October 5, 1833


Sir.
             On an examination of the additional evidence filed by you in support of the claim of Esther Ake, deceased, widow of William, I find that you have omitted the certificate of a Court of Record, showing the precise day on which she died, and which must be filed before a certificate for the arrears of pension can be issued.  It should also be stated in said certificate how many of the children are now living, for the now surviving children are, as I informed you, the only parties entitled in right of their mother.  Samual Hale and David Hale have desposed as to the day of Mrs. A's death, but their depositions were taken by a magistrate, whose official signature and seal are not authenticated.  The certificate of the Court of Record must be based on the descrip-

Page 56

tion of evidence in the accompanying printed sheet.
                              I am very respectfully
                               your obv. servt.
                               F. Cale
                                Acting Com.

Page 57

                                  Philada Oct 16, 1855


J Cole Esq
Acting Comm of Pensions

Sir

I have the honour to acknowledge your favor of the 5 xxx relating to certain deficiencies of proof in the claim of the heirs of Esther Ake.  I find that there is a witness, now in this city who may supply these deficiencies.  I therefore respectfully ask for leave to withdraw from the files of your office the depositions of Lemual Hale and David Hale, filed in the above matter which depositions.  I will return to you either properly authenticated or with such other proof as I trust may be satisfactory.

As witness, I have mentioned designs to leave the city Saturday, allow me to ask that the deposition may be sent forthwith
 
                    Very respectfully your obt serv.
                    Joseph A. Clay
                    agent for heirs of Esther Ake dec'd

Page 58

                                   Philada Jan 9, 1855

Dear Sir:

As you have been so kind as to give me some advice in the pension claim of Mrs. Ake heirs, which I represent, I take the liberty of troubling you a little further.

The certificates of the amount due to these claimants makes no mention of the party whom it is to paid.  Th parties themselves reside in a remote corner of Sussex Co. Delaware and it would be, at least, a great hardship for them to come up to the city.  My power of attorney is on file with your department and, unless it be returned to me, or some warrant substituted, I can not receive the money for my clients.  I therefore return the certificate by the hands of my brother-in-law Judge J.R. Jones of Sullivan County in this State, who will receive your instructions on the subject.  If I am to take the oath required by the Acts of Congress that no

Page 59

pledge of transfer has been made of the claim, I hold it does not apply to a right to retain professional compensation, but however xxx these odd constructions my seem to the practised consciences of Pension agents, they certainly avail to 'puzzle a Philadelphia lawyer" - a matter which I found to be considered a feat even in England.  I therefore lean the matter to Judge Jones.
              Very truly 
               Your obedient servant.
                Joseph A. Clay

Page 60

Captain William Wharton

(Ake pension)

Esther Ake
Del xxx  38

Cole

Page 61

                                            Pension Office
                                            Dec 2, 1854

Sir

In the case of Ester Ake dec'd widow of William of Delaware, under the act of July 7 1838, the legality of her marriage is not now the question to be settled, but the date of her marriage, when did that take place?  If no record exists - which fact should be shown the testimony of witnesses must be xxxx who can show how they are able to fix of marriage before 1794.  Is there a record of the births of her children?  If such a record is in existence that may establish the point with sufficient certainty.

                                Very Respectfully
                                yr obv servant
                                W. Cole
 Joseph A. Clay Esq
xxx xxxxxx

Page 62

                               Philadelphia October 16, 1855

S Cole Esq.
Acting Comm of Pensions

Sir
     I have the honour to acknowledge your favour of the 5 inst relating to certain deficiencies of proof in the claim of the heirs of Esther Ake.  I find that there is a witness, now in this City, who may supply these deficiencies.  I therefore respectfully ask for leave to withdraw from the files of your office the deposition of Lemuel Hale and David Hale, filed in the above matter which depositions I will return to you either properly authenticated or with such other proof as I trust may be satisfactory.

    As the interest I have mentioned designed to leave the City on Saturday, allow me to ask that the deposition may be sent to me forthwith.
                              Very respectfully
                              Your obv servant
                               Joseph A. Clay
                         Agent for heirs of Esther Ake

Page 63

Ake

Page 64

                                   Pension Office
                                   October 23 1855

Sir

    Agreeably xxxx request of xx 16th xxx.  I herewith transmit the affidavits of David and Samuel Hall, filed by you as xxxx xx in the case of Esther Ake, widow of William late of Delaware - 
Act July 7, 1838.

                                    xxxx xxx
                                     very res/s
                                     your obv serv
                                     xxxx
                                     Commissioner

Page 65

xxxxx                                   Paid
Act 11th

        Dr Robt W. Young
        Box 209 Washington 
                               D.C.

Page 66

                                        xxxxx Cty Virginia
                                        Deepxxx, Oct 11th, 1853

Dr. Robt W. Yount
      
               Dear Sir

                     By the request of Captain William Wharton I write you on the subject of a Revolutionary claim that he thinks he is entitled to having married the daughter of a William Ake a Revolutionary soldier.  Capt W tells me that William Ake received a pension some three years before his death, that he left a widow Esther Ake who lived some fifteen years after him without receiving any thing from Government.  All of which he Capt W can satisfactory prove if acquired.  Captain Wharton also tells me that he was in your office in Washington City in July of the year 1851 that he then gave you power to act for him and that you promised to write him on the subject, but not hearing from you as promised he is a loss what to do -

I mailed you a letter on the 29th also written by Capt Wharton, and as his is xxxxx from this place he wishes you to write me or him to this office stating what you have done in the matter - I will say that Capt Wharton is a poor man with a wife and several children to provide for.  I

Page 67

have been acquainted with Cap W for the last ten or twelve years and know him to be a deserving man.  Therefor feel anxious that he is entitles to any thing he should get and have promised him to do all I can to assist him in the matter.  

As an evidence in my mind that the heirs William Ake are entitled to something.  Capn Wharton has put in my hands a letter written by Rich & M Rop of your city to Mrs. Esther Ake the widow of Wm Ake (supposing her to be alive dated the 16th of May 1853 stating that he xxx was in possession of information that would enable her to succeed in getting the claim by writing him.  So if it is not convenient for you to attend to the matter for Capt. W will you be so good as to let me or Capt Wharton know if M Rich & M Rop is a responsible man and one likely to do the heirs justice if the matter is put in his hands.

By letting me to Capt Wharton hear from ou at this office as early as convenient you will much oblige.
                                Yours very respectfully
                                 Harrison E. Wiston

P.S. Perhaps it is xxxx of me to let you know that the heirs of William Ake reside in the state of Delaware
                    H.E.W.

Page 68

State of Delaware
County of Sussex

Personally appeared before me the subscriber a Justice of the peace - in and for said County - Joshua Robinson & John Aydelott - two creditable & disinterested witnesses and make oath in due form of Law, that they are well acquainted with Thos Ake - James Ake and Peggy Wharton and that they are reputed and believed to be the children and only heirs at Law of - William Ake a Revolutionary Soldier in the Delaware Line - who died about the year of 1826

Sworn and subscribed before me this 19th day of May 1834

Wm. Hale. J.P.
                            Joshua Robinson on affidavit
                            John Aydelott - affidavit   


State of Delawre
Sussex County

In the testimony that the above named Wm. Hale Esq is a Justice of the peace in and for said county and that the foregoing signature appears to be genuine.   I have hereunto affixed my seal of Office and subscribed my name and quality as Prothonotary of the Superior Court of Delawar for said County this                       20th day of May A.D. 1834.

                                   George R. Fisher Pro.