Revolutionary War Pension and Bounty Land Warrant Application File S. 19161, Zebulon Wilcutt, Mass.

SERVICE
NUMBER
Mass.
Wilcutt, Zebulon
S. 19161
carded
CONTENTS

10.072
Massachusetts
Zebulon Wilcutt
of Foshen in the State of Mass who was a Private in the company commanded by Captain _____ of the _____ commanded by Col. _____ in the _____ une for 12 (R. C.)
Inscribed on the Roll of _____ at the rate of 40 Dollars _____ Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 19 th day of _____ 1833 and sent to _____ Rate _____
Arrears to the 4th of _____ 1833 $80- Semi-ant. allowance ending 4 Feb 1833 20- $100-
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by _____ Clerk, Book _____ Vol. 2 nd Page 90.
Seth D'Wineck Secy of June 37
173 Massachusetts

2665
2652
Zebulon Wetmore
Goshen
Mass
at 12 Marks
AM
The witness not confirmed to be credible & no cler- gyman's certificate furnished no reason assigned why it cannot be obtained
How I C Bates
Nathampton
Mass
$40.
Charles P Huntington
Nathampton
Mass

BRIEF in the case of
Zebulon Melcutt  in the State of Massachusetts  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? Seventy one 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 17 76 3 " Private St Levi Bates   77 2 " " Col Wells   77 4 " " Capt Wild   78 1 " " Genl. Lowell  
 5. In what battles was he engaged? None named  6. Where did he reside when he entered the service? Goshen Mass  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Living witness  8. Are the papers defective as to form or authentication? and if so, in what respect? Witness not stated as credible 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
D. D. Adams Examining Clerk.

31 Zebulon Wilcutt Military Road
No 2651

DECLARATION,
IN ORDER TO OBTAIN THE BENEFIT OF THE ACT OF CONGRESS OF THE 7TH OF JUNE, 1832.
STATE OF MASSACHUSETTS, } ss. COUNTY OF HAMPSHIRE. }
ON this Eighth day of Aug t 1832 personally appeared in open court, before the court of Probate now sitting, Zebulon Wilcutt a resident of Goshen in the County of Hampshire, and State of Massachusetts, aged 71 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 provision made by the act of Congress passed June 7, 1832. That he entered the service of the United States under the following named officers, and served as herein stated.
He volunteered as a Town guard at Cohasset, Mass. on the sea-board, in the Autumn of 1776 & served three months off & on guard, under Lieut. Levi Bates. In 1777 in May he entered the service of the Massachusetts Militia at said Goshen marched to Ticonderoga, a private, in Capt. Christopher Bannister's company. Lieut. Col. Albert Ensign Webber, in Col. Wells Regiment. Lieut. Col. May. He was with the army army on its retreat before Burgoyne, to Castleton, Rutland, & Shaftsbury, where the company was dismissed, after a service of 2 months or more. He enlisted again for 6 months in said Militia service in October 1777 as a private at said Cohasset, in the company of Capt. Wild, Lieut. Lovel & Stoddard, Col not recollected. Gen Brown had the command. Stationed at No 2 above Cambridge & there served said 6 months. The winter was very severe & the service also, especially the guard service in which he was engaged. In 1778, in July (he thinks) he enlisted in the company of Capt. Wilder, Gen. Lorell commanding, Lieut. Whitten, at Cohasset, & joined the Rhode Island expedition so called, marched to Rhode Island, there stationed on the island about one month until driven off by the British. The French fleet were there on the arrival, after they left, the British ships came in. Was in the engagement there, guarding the artillery guns. He was born at Cohasset 1760 in August, & has no record of his age. He was living at said Goshen with a brother when he enlisted the second time. When 21 years old he removed to Goshen & has since resided there. He never received a written discharge.
He hereby relinquishes every claim whatever to a pension or an annuity, except the present, and he declares that his name is not on the pension roll of any agency in any State, or (if any,) only on that of the agency in the State of
Sworn to, and subscribed, the day and year aforesaid. Samuel Hinckley Judge of Probate - Zebulon Wilcutt
We, Ambrose Stone residing in the town of Goshen and Joseph Varnam residing in Goshen hereby certify, that we are well acquainted with Zebulon Wilcutt who has subscribed and sworn to the above declaration; that we believe him to be 71 years of age; that he is reputed and believed, in the neighbor- hood where he resides, to have been a soldier of the revolution, and that we concur in that opinion.
Sworn, and subscribed, the day and year aforesaid. Ambrose Stone Joseph Varnam
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the abovenamed applicant was a revolutionary soldier, and served as he states. And the Court further certifies, that it appears to them that Zebulon Wilcutt who has signed the preceding certificate, is a respectable man resident in Goshen and that Ambrose Stone who has also signed the same, is a resident in Goshen and is a credible person, and that their statement is entitled to credit, both being men of good standing in society & respectable citizens.
Samuel Hinckley Judge of Probate do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Zebulon Wilcutt for a pension.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of office, this eighth day of August in the year of our Lord one thousand eight hundred and thirty two - Sam. F. Lyman Register - Clerk.

Sworn and subscribed this day and year aforesaid.
We, William Hubbard residing in the town of Goshen and Joseph Harramore residing in Goshen hereby certify, that we are well acquainted with Zebulon Wilcutt who has subscribed and sworn to the above declaration; that we believe him to be seventy two years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the revolution, and that we concur in that opinion
Wm Hubbard Joseph Harramore
Hampshire ss. Dec 15, 1832.
I hereby certify that the above named William is a clergyman resident in Goshen & that said Joseph is a resident in Goshen a credible person & that their statement is entitled to credit & that they made oath to the truth of the foregoing statement before me
Benjamin White Justice of the Peace.
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a revolutionary soldier, and served as he states. And the Court further certifies, that it appears to them that William Hubbard who has signed the preceding certificate, is a clergyman resident in Goshen aged 70 and that Joseph Harramore who has also signed the same, is a resident in Goshen and is a credible person, and that their statement is entitled to credit. That they cannot attend in open court without to 3 much in consequence expense to the applicant Samuel Hinckley Judge of Probate
I, SAMUEL F. LYMAN , Register of the Court of Probate, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Zebulon Wilcutt for a pension. & that said Benjamin White above named is a justice of the Peace & that the above is his genuine signature IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of office. this Tuesday day of December in the year of our Lord one thousand eight hundred and thirty two
Sam F Lyman Register.
Zebulon Wilcutt 18

8. Bundles off - for Willcutt
Eug Richards

Commonwealth of Massachusetts. County of Hampshire
I Ephraim Burnell of Cummington in said County on oath testify and say that Zebulon Dillcutt now of Gosh in said County of Hampshire in the year 1777, enlisted into a company commanded by Capt Christopher Banister for two Months and served in the war of the Revolution in said company untill the expiration of that period and dismissed from service believe without a written discharge Regiment commanded by Col. Wells his services perform at Ticonderoga Rebreating before Burgoin before his surrender the means by which I know of his service is that I the deponent, was enlisted into the same company at the same time. The commencement of his services were some time in the Month of May in the above said year and dismissed from service in July following
Ephraim Burnell
Commonwealth of Massachusetts County of Hampshire August 2 nd 1832.
Personally appeared Ephraim Burnell and made oath to the foregoing declaration by him subscribed before me Nehemiah Richards one of the Justices of the Peace in and for the County of Hampshire
Commonwealth of Massachusetts.
HAMPSHIRE ss. I, SAMUEL F. LYMAN, Register of the Court of Probate in and for said County, do hereby certify that Nehemiah Richards Esquire, before whom the annexed deposition was taken is one of the Justices of the Peace within and for said County, duly and regularly appointed, and that I am well acquainted with his hand writing, and have no doubt that the Signature annexed to said deposition is genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court this ten the day of August A. D. 1832.
Sam l F. Lyman Register of Probate.

Hampshire J Dec 14. 1832 -
I hereby further certify that the witness named Ephraim who made this affidavit before me is a person of truth and veracity -
Wesleyan Methodist
{ Minister of the Gospel

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Zebulon Wilcutt 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? He has
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? He has
VI. Has he given the names of the officers under whom he served, in conformity with the regulations? He has
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? He has
VIII. Has the Court given their opinion? yes, in his favor
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, 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? no - XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? no - 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? 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? no 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 they all are
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 each 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 affidavits must be properly authenticated, as above directed.
¶ QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates 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 ends 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.

1916) INVALID.
File No. 12,191
Zechariah Wilcutt
Dis Rev War
Act: Same 7" 32
Index:—Vol. 1 , Page 422
[Arrangement of 1870.]