Revolutionary War Pension and Bounty Land Warrant Application File R. 1,052, Felix Victor, Continental (Canada)

SERVICE
Continental (Canada)
Victor, Felix Boucher, Genevieve Former widow
NUMBER
R. 1.052
CONTENTS
Blank lined area for contents
Blank lined area for contents

Washington July, 7. 1856
Hon. Scitellnot
Comm. of Pensions
hi.
In answer to a request of the Chairman of the Committee on Pensions to furnish the pension papers of Calvin R. Averill Administrator of Genevieve Buscher, widow of Lieut. Felix Victor, you said they were not to be found in the files;
Afterwards, I called on Mr. Gole & showed him a memorandum, & he there found them, & said he would send them to the Chairman Mr. Brown.
Since my return to this city on a journey to New Orleans. I called on Mr. Brown to know if he had rec d the papers & he said he had not. Will you cause them to be sent Very Respectfully Yours C. R. Averill
7.885
Sept 1/52
Genevieve Buscher (nee formerly } of Felix Victor widow) } NY
C. R. Averill Dec 28/1852
See Int. Jan 17/54
16. Averill Jan. 23/54
Same July 16. 1856
1052
Rejected
Act July 4 1836

Ex'r.
INVALID.
1052
REJECTED
C. O. Genevieve Brucker formerly widow of Felix Victor Service: _____
Correct the Record
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: There was an investigation of Canadian applicants at River Point
Re-enlisted: If the original declaration was sent with others to the Agent
Attorney: _____
C. O. _____

ARREARAGES OF PENSION.—It is held at the Treasury Department that the grandchild of a deceased pensioner cannot, in any case, claim to receive of the Pension Agent the arrears of pension due the pensioner at the time of his death. If there be no widow or child then surviving the pensioner, to whom the arrears would go, under the law of June 19, 1840, payment can be made only to the executor or administrator of the deceased pensioner, in accordance with the law of March 2, 1829.
Rose's Point Village
January 4, 1854
Hon R. McClelland
Secretary of Interior,
Sir,
I hereby appeal from the decision of J. E. Heath late Commissioner of Pensions in the case of Calvin K. Averill Administrator v. of Genevieve Boucher deceased widow of Felix Bictor a Lieut. in the Revolutionary War. The reasons assigned for rejecting the claim are to be found in the subjoined letter.
I would wish to have corrected from the papers on file, the assumption that the widow died without ever having had issue. She had issue by two husbands, B. & none of her children issue of those marriages are now known to be living. She left numerous grandchildren who would be entitled to her rights through an administrator. (See Decision May 25, 1840. Mays & Moulton's Pension & Bounty Lands, Page 422, 423; Act March 2, 1829 ib. 146; and the recent decision of the Treasury Department hereto appended.
I except also to the opinion of the Commissioner of Pensions that the vested right of the widow is not a thing subject to the control of an Administrator, as assets for the benefit of the grandchildren after paying funeral charges &c. I desire a decision on these points.
Very Respectfully Yours C. N. Av

Pension Office December 28 th 1852.
Sir.
The application of Geniine Boncher dec d widow of Felix Victor has been received and filed under the Act of July 21 st 1836.
She seems to have died without issue. Pensions are not granted to ad- -ministrators, as such, for they are not assets in his hands. The claim is rejected.
Yours respectfully, J. K. Lath, Commr. pensions
C. H. Auerill Esq. Rouse Point Clinton Co. N.Y.

January 11 th 1831 Rouse's Point Village N.Y. C. H. Averill
Appeal from the decision of The Commr of Pensions In the case of Calvin H. Averill Adm r of Genevieve Boucher, dec d widow of Felix Victor et Lieut. in the Revolutionary war.
Claim for bounty land - Act March 2 nd 1829 -
Respectfully referred to Commr of Pensions for report Sept 2 nd 1831 J. H. [?] Clerk
Niles
Postscript 7 May 1831

Department of the Interior Washington January 20th 1854
Sir:
Your decision upon the claim asserted in right of Genevieve Boucher decd. who was the widow of Felix, under the Act of July 4. 1836 has been affirmed, and the papers accompanying your report thereon, are herewith returned to your office.
I am, respectfully, Your Obdt. Servt. Robert L. Clark Secretary
The Hon. Steven P. Hildreth Commr. of Pensions

Brief Statement.
In the case of Widow Victor
No 8

Brief Statement.
Pension claim.
Calvin H. Arvill Administrator re. of Genevieve Bouche, widow of Felix Victor a Lieut. in the Revolutionary War.
Pension law of 1836 a voted right in widow etc.
I. Felix Victor was commissioned an Ensign by Congress Nov. 11. 1777. as per declaration & commission.
II. He was promoted to Lieut. See Land Patent attached to declaration & documentary Evidence not attached.
III. He was married to Genevieve Bouche the widow of Francis Martin in Spring of 1782 at Fullill N.Y. & remained at Buttier in Canada according to the Catholic custom Nov. 11. 1785, the last morning reciting the first. See certificate with declaration.
IV. He died Oct. 30 th 1820 at St. Antoine Canada East, without children. See certificate and declaration.
V. She died December 18 th 1836 at Buttier as per certificate, the widow of said Victor.
VI. Letters Administration July 15. 1852