Revolutionary War Pension and Bounty Land Warrant Application File S. 7770, John Turbyfill, Va.

SERVICE
NUMBER
Va.
Turbyfill, John
87770
CONTENTS
carded
See N.A. Acc. No. 874 No. 050 176 Not Half Pay John Turbyfill

4394  North Carolina
John Surryfill of Sturminster Co in the State of N.C. who was a private in the Company commanded by Captain Cooper of the Regt. commanded by Col Elliott in the Virginia Militia for 12 months
Inscribed on the Roll of Abolition at the rate of 100 Dollars. — Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 18th day of January, 1833 and sent 24th of March 1833 Carrier $ 1.00
Arrears to 14th of Sept 1832 60.00 Semi-ant. allowance ending March 1833 20.00
Sum 80.00
{ Revolutionary Claim } { Act June 7, 1830 }
Dead - See pen: cub: written set to Van Woluwe 2 Feb 1852 Same 24 Sept 1853 Hon. J. F. Dowdell 19 Dec 1854. Same Dec 28 1855
12 cases - Seller states that he was all paid for over of 12 mos. Va. troops.

John Larkhill
Declaration
1834 B
✓

State of North Carolina Lincoln County
On this 15 th day of September 1832 personally appeared before me John J. Shuford & Nathaniel Edwards Justices of the Court for said County of Lincoln John Turbyfill for a resident of the County of Lincoln and State of North Carolina, aged Ninety one years, who being first duly sworn, according to law, doth on his oath make, the following declaration, in order to obtain the benefit of the act of Congress, passed June 7 th 1832. — That he entered the service of the United States in the year 1776. in the State of Virginia then a resident of that State & County of Brunswick was drafted, & served, four different terms of duty, being drafted each time for three months. and under the following officers. The first in company comd. d by Capt. Benjamin Simmons, Regiment comd. d by Col. Francis Mackay. 2 nd term, in company comd. d by Capt. Chas. Lucas, Regt. comd. d by Col. Elliott. 3 rd . Capt. not remembered. Regt. comd. d by Col. Thos. Edmonds. 4 th . the officers not recollected
The first term went to Portsmouth the second. Stationed at Cabin Point: Third to Petersburg the 4 th started to York. and when within a short distance of the place, learned that Cornwallis, with his army had surrendered and surrendered. — He hereby relinquishes every claim which may be to a pension or annuity except, the pension, and declares that his name is not on the Pension roll of the agency of any state. Sworn to & subscribed this day & year aforesaid.
Before me John J. Shuford Nathaniel Edwards Justices of Court
John J. Turbyfill

We Jacob Hill a clergyman residing in the County of Lincoln and Francis Harwell residing in same County hereby certify that we are well acquainted with John Kirby fill de r , who has subscribed & sworn to the above declaration; that we believe him to be about sixty or years of age; that he is up d & he lived, in the neighborhood, where he resides, to have been a soldier, of the revolution and that we concur in that opinion
Sworn & subscribed the day & year above
Francis Hermet B
Rev - Jacob Hill
And the said Court do hereby declare their opinion that in the investigation of the matter after putting the witnesses before the jury as a part thereof that the above mentioned resolution was a resolution of the state. And the Court further certifying that it appears to them that Jacob Hill who has signed the foregoing certificate is a citizen of the county of Sumner State of Tennessee who has also signed the same is a resident of the same for a small justice - That the statement is entitled to such
Answered
The questions argued by the department being pro- pounded to Mr. Hubbyfill, by us, were answered sub- stantially in accordance, with the statement in the declaration, except, the discharge, which he thinks, at that day, no written discharge was given
to the Lord Justice of Court
Yath Edwards of Cant
Personally appeared before us Justice of the Court- Shadrack Alley of the County of Middle & State of North Carolina, who after being duly sworn according to law, deponeth & saith , that he was during the Revolution in the service, that on two occasions, he saw and knew the said John Tinkley Esq., who is an applicant for a pension in the service once at Suffolk in the State of Virginia, & at Norfolk. he thinks in the

year 1776. That, he was acquainted, with him, before he went into the service, and has known him ever since. & have in No. Ca. lived a neighbor to him for the last thirty seven years.
Sworn to the day & date above
John Shuford Justice of Court Nathl Edwards of Court Shed de ally
Mr. John P. Shuford & Nathaniel Edwards, certify that they are acquainted with John Turbyfill Esq. and that from his extreme age, and infirmities consequent on old age, that he could not, without great inconvenience & trouble, get to the Court House, re- siding as he does, about twenty miles distant
John Shuford Justice of Court Nathl Edwards of Court
And the said Court do hereby declare their Opinion that the above named applicant was a Revolutionary Soldier & served as he states.
I Vandy M c Beo Clerk of the County Court do hereby certify that the foregoing contains the original Proceedings of the said Court in the matter of the application of John Turbyfill Esq. for a pension. In testimony whereof I have hereunto set my hand & seal of office the 4 th day of Nov - 1832 Vandy M c Beo.

State of Carolina
Lincoln County
I Vardry M c Bee Clerk of the Court of the Court of pleas & Quarter Sessions in the State & County aforesaid do hereby certify that John I Skuford Esq & Nathaniel Edwards Esq before whom the foregoing declaration & affidavits were made was at the time of the signing the same acting Justices of the peace in & for said County duly sworn & commissioned That their Official attestations are entitled to all due faith & credit as such. In testimony whereof I have hereunto set my hand & Seal of Office at Lincolnton the 5 th day of November 1832.
Vardry M c Bee Clk
Seale True

Washington 11 th Jany 1833. John Turberville was examined in my presence, and I prepared his declaration for him, he was confident of having served 9 months, and a part of the last term, but how what part he could not recollect.
Henry McCauley

✓ John Turberville North Carolina No 18543.
Return.
15.
Int 7.
January 2. 1833
Hon: H. W. Corriar A. of R

BRIEF in the case of  John Turbyfille  of  Lincoln County  in the State of  North Carolina  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Justices of the Peace  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? Yes  3. How old is he? 91 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     In 1776 drafted 4 weeks each 3 months One Year, Private Gen. Col. Allen Capt. Sanders Col. Elliott Capt. Head Col. Ramond,  
 5. In what battles was he engaged? —  6. Where did he reside when he entered the service? Brunswick County Virginia  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? one living witness in part traditional  8. Are the papers defective as to form or authentication? and if so, in what respect? 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Examining Clerk.

July 31, 1939.
Mrs. W. A. Nash West Point Mississippi.
BA-J/ILL John Turbyfill S. 7770 our
Dear Madam:
Reference is made to your letter in which you request information in regard to John Turbeville, Turbyfill, who received pension while a resident of Lincoln County, North Carolina.
The data which follow were obtained from the papers on file in pension claim, S. 7770, based upon service of John Turbyfill in the Revolutionary War.
John Turbyfill (as he signed his name) resided in Brunswick County, Virginia, at the time entered service in the Revolutionary War. The date and place of his birth and the names of his parents were not given.
He enlisted and served four tours as a private in the Virginia troops, shown as follows: in 1776, three months in Captain Benjamin Simmons' company, Colonel Frederic Macklin's regiment, near Portsmouth; the next tour, three months in Captain Charles Lucas' company, stationed at Cabin Point; afterwards, three months stationed at Petersburg with the troops under Colonel Thomas Edmonds; and in 1781, three months during which he started for Yorktown and received news of the surrender of Lord Cornwallis with his army, names of officers under whom he served not stated.
John Turbyfill was allowed pension on his application executed September 15, 1832, at which time he was designated John Turbyfill, Senior. He was aged then ninety-one years, and resided in Lincoln County, North Carolina; he had resided there for more than thirty years. He died April 6, 1838 in Lincoln County, North Carolina.
The name of the wife of this soldier was not given, nor the

date and place of their marriage. She did not survive him. He was survived by children, but their names were not given. One James Mays was legal administrator of the soldier's estate in 1851.
In 1853, James T. Grise and Nancy E. Grise made joint affidavit in Gaston County, North Carolina, in regard to the death of the soldier. No relationship between these persons and the soldier's family was stated.
In order to obtain the name of the person to whom the last payment of pension was paid, you should address The Comptroller General, General Accounting Office, this city, and furnish the following data:
John Turbyfill Certificate #4394 Issued January 18, 1833 Rate $40 per annum Commenced March 4, 1831 Act of June 7, 1832 North Carolina Agency.
Very truly yours,
G. H. SWEET, Acting Executive Assistant to the Administrator.

See Cor- no claim I think

State of North Carolina } be it known that before me M W Hoard gaston County } A justice of the peace in and for the county Afore said personally appeared James P. Grise and Nancy B. Grise and made oath in due form of law that they were personally acquainted with John Turbyfill a Revolutionary pensioner of the United States at the rate of 40. forty dollars a year and was a President of the County of Lincoln in the State of North Carolina and died in the County of Lincoln in the State of North Carolina on the 6. of April 1838 that he left no widow but children known to the Administrator of the deceased pensioner John Turbyfill sworn to and subscribed before me on this day tenth day of March A.D. 1853
M W Hoard J.P.
James P. Grise Nancy B. Grise marks
State of North Carolina } I, M W Hoard a Justice Gaston County } of the Peace for Gaston County in the State aforesaid hereby certify that I am acquainted with the above named witnesses are persons in whose statements entire confidence may be reposed Given under my hand and seal This 10 th day of March 1853
M W Hoard J.P.

State of North Carolina Gaston County } ss Robt. Clark Clerk of the Court of Pleas and Masters Sessions in and for said County. Hereby Certify that M c H. Ward whose name appears to the foregoing is an acting Justice in and for said County. And that his acts are worthy as such Justice under my hand and Seal of Office at this time this 15 th day of March 1853 John H. Roberts Clerk

John Turley file
9 mo.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of John Kirby which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes II. Did the declarant make the declaration in the county where he resides? Yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? Yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? Yes  No the time in actual service should be stated VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes VIII. Has the Court given their opinion? Yes IX. Has the Clerk given his certificate? Yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? Yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? The living witness is Peter
XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? Yes
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? Yes
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? Yes
XVI. ‡ Are the papers authenticated as the regulations direct? Yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? Yes
1 2 3 5 7
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
“Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For _____ year _____ months and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension.”

It is important in all cases to determine with precision the period for which the applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
†QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

J. Turbyfill
Payments to be made at Waynesville NC by Mrs W. S. Rank Agent for paying Pension- ers, in the Agency of North Carolina
file
re Mar 25. 1841 fr. D Rembrandt Lincolnton NC
Recorded by Henry H. Sylva, Clerk, in Book D. Vol. 8 page 43

WAR DEPARTMENT.
Revolutionary Claim.
I certify that in conformity with the Law of the United States, of the 7th June, 1832, Wm Sturtevant of the State of North Carolina who was a private in the Virginia Militia, during the War of the revolution
is entitled to receive Twenty — dollars and _____ cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually, on the 4th of March, and 4th of September, in every year.
Given at the War Office of the United States, this Eighteenth day of January one thousand eight hundred and thirty three
Lewis Cass Secretary of War.
Examined and } Countersigned. }
J. Edwards

State of North Carolina Lincoln County
This day personally appeared before me James T. Alexander a Justice of the Peace for the county of Lincoln in the State aforesaid. James Mays Administrator of the Estate of John Turbyfill deceased, and Maketh oath in due form. that the pension certificate issued to the said John Turbyfill from the Pension office, or War Department of the United States under the act of Congress passed the 7 th June 1832— has been lost or misplaced. So that it cannot now be produced.
Sworn to and subscribed before me. This 12 th April 1853—
James Mays
J. T. Alexander J.P.
State of North Carolina Lincoln County S.S.
I, Robert Williamson, Clerk of the Court of Pleas & Quarles Sessions for the County of Lincoln, State aforesaid, hereby certify that J. T. Alexander Esquire, is an acting Justice of the Peace in & for said county, and that the above signature purporting to be his is genuine.
I further certify that James Mays is the legal acting Administrator of the Estate of John Turbyfill dec d , having been duly appointed as such at October Sessions 1851 of said Court, and having qualified according to the laws of said State, as appears of record.
Given under my hand & seal of office, at

office in Lincoln, this 12 th day of April 1853
Robt. Williamson, Clerk.

House of Reps
Dec 12 th 1855
Hon Mr. Minot
Sir,
I desire to know whether the names of Benjamin Mays of Iredell County, N.C. and John Surbysell of Lincoln Co. N.C. are on the pension roll for services in the Revolutionary war. Also whether there are in the office any papers on file, setting forth a claim for what may be due the children of said pensioners. If so by whom is the claim made. Papers have been sent on by one of the heirs and entrusted to an Attorney & there is some doubt whether they have been filed in office. Your early attention will much oblige Yours
Very respectfully
J. L. Dowdell

Wm J E Heath

Washington Jan 29 th 1882
Hon J E Heath
Comm r of Pensions
Sir
Enclosed
send you papers of Jas Mayo Adm r of John Turbyfill late of North Carolina for drawing moneys due said Turbyfill as a pension. Will you please advise me of Receipt and if there is any defect in the form. let me know it Your attention as early as convenient is respectfully requested by
Your obt Servt Alex r White

(Ala) Talladega, Aug 11 th 1853
Com d of Pensions
Washington
Sir
Enclosed I
send documents intended to supply de fects in proof in case of the applica tion of James Mays Adm d for the sur der the estate of John Freely late a deceased. The original application was filed by me in January or Feby 1852 while at Washington as the mem ber from this District. Will you do me the favor to have the matter looked into and advise me of the re sult. If all is right remit me the amount to this place
Very Respectfully Your obt Servt Alex d White

Lucretia May wid of
Benjamin.
N.C. - aw - 1838
John Yardfill -
N.C. - aw - 1832
Cole
2 cases
J. L. Dowdell M.C.
Hon M c Mindt Com te of Pensions Washington

Revman
ny ny 40
INVALID.
1909 Dec. 9 Hist. to Mrs. Lon Sanders. V.L.M. 1939 July 31 - Hist. to Mrs. H.A. Nash JLC
File No. 7775
John Farlyfill Pre Rev War
Act: June 1 st 32
Index: Vol. 13 , Page 381
[Arrangement of 1870.]

RECORD DIVISION.
Department of the Interior, BUREAU OF PENSIONS.
Briefed by M. Conboy
Claim No. Dec 3/09.
Certificate No. _____
Claimant _____
Soldier John Turbiville & Turbenville.
Service Rev.
Additional Service _____
No _____ claim, State records _____, 190_____
No claim, combination records _____, 190_____
REMARKS:
No claim as above.
Buy 1W1 File 7770.

St. Louis Mo. 5431 Barimer Ave.
Nov. 28- 1909.
Commissioner of Pensions. War Department. Washington D. C.
Please give me copy of "Pension granted John Turbyville" (or Turberville) Revolutionary soldier, Lincoln Co. N. C. Placed on Pension Roll. Jan. 11- 1833.
Respt.
Mrs. Lon Sanders.

a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau. John Turbyfill No. Sur. File 7775
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     1776 3 mos. Pvt. Benjamin Simmons Fredrick Macklin Va   ✓ 3 mos. Charles Lucas Elliot   ✓ 3 mos. Thos Edmonds   1781 3 mos. officers not remembered.  
Battles engaged in, _____
Residence of soldier at enlistment, Brunswick Co. Va
Date of application for pension, Sept 15-1832 His cl. was al.
Residence at date of application, Lincoln Co. N.C.
Age at date of application, 91 years. died Apr 6 1837 in Lincoln Co. N.C.
Remarks: "Left no widow but children" no names are stated

The National Life and Accident Insurance Company, Inc. NASHVILLE, TENNESSEE
BRANCH OFFICE BOX 264 W. A. NASH, MGR.
WEST POINT, MISSISSIPPI
June 16, 1939.
Veterans Administration
Dear Sir -
Can you give me service and data on one John T. Tinkler or Tinkley for a pension of the Reb. war - recd, his pension through branch of the bank of the State of N. E. Fayetteville, the pension certified that he had resided in Lincoln Co. N. E. for a space of 50 years and prior to that in Va. any data or where I may obtain such will be greatly appreciated. I am so hoping to find name of his children
Thanking you for favor I am asking
I am Sincerely
Mrs W. A. Nash