Revolutionary War Pension and Bounty Land Warrant Application File W. 767, for Calvin Kilborn, Massachusetts

SERVICE
NUMBER
Blank lines for service entry
Kilborn, Calvin or Kilbourne
No. 767 B.L. No. 5451-160-55,
Susan
CONTENTS
Blank lined area for contents entry
Blank lined area for contents entry

Cir. Pynson Blake Aug 21. 1855
34. 712 act March 3/55 April 2/55
Susan Gilbourne, widow of Calvin Gilbourne musician
Mass. Mil:
Writ to 5457 of Sept 6/55
War of Revolution
Rec Pension Act Feby 2. 1853 vol a. page 41
AD: 1608, Sept 3/55
My M.
5457 of Sept 6/55
Pynson Blake Boston Mass
Rev. Dr.
Vol. K. 70.

4840.
Massachusetts
Calvin Gilbourn
of Princeton in the State of (Mass) who was a Musician the Company commanded by Captain [blank] of the Reg't commanded by Col Smith in the Mass line for [blank]
Inscribed on the Roll of (Mass) at the rate of 25 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 28 th day of [blank] 1832 and sent to [blank] Davis St of Rep [blank]
Arrears to 4th of Sept 1832 $38.49 Penzant. allowance ending 4 (March) 12.83 $51.32
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J H C P Blair Clerk, Book D. Vol. 2 Page 62

1626 Massachusetts Susan Kilborn widow of Calvin Kilborn
who served in the Revolutionary
war, as a Musician Maze Line Inscribed on the Roll at the rate of 25 Dollars 66
cents per annum, to commence on the 1 th day of March, 1818.
3 rd February 1833 Certificate of Pension issued the 30 th day of Aug 1833 and sent to
Franklin Hall Boston Mass a
Recorded on Roll of Pensioners under act July 29, 1815, Page 11 Vol. 11
Feby 3 rd 53
1832

Susan Kilbourne Widow of Calvin

State of Massachusetts, County of Norfolk
On this twenty seventh day of March A.D. one thousand eight hundred and fifty five, personally appeared before me a justice of the peace within and for the county aforesaid, Susan Hilbourne Hilbourne aged seventy eight years, a resident of Newton in the State of Mass, who being duly sworn according to law declares that she is the widow of Calvin Hilbourne late of Newton deceased, who was a private soldier in the war of the revolution, that her said husband was entitled to, and received a pension for services rendered in said war, and that she as the widow of the said Calvin Hilbourne is a pensioner, as will appear by pension certificate No.  Recorded in Pension Office Vol A. Page 41, under Act July 3. 1853.
That her said husband died at said Newton January 23. 1852. Aged 94. years,
and that she is still a widow - She makes this declaration for the purpose of obtaining the bounty due to which she may be entitled under the "Act passed March 3. A.D. 1855." And prays that the certificate may be sent to Pynson Blake of Newton Mass. Susan Hilbourne Hilbourne
Witness J. S. Hastings
X mark

The foregoing declaration subscribed and sworn to before me, the day and year above written.
Solon S. Hastings, Justice of the peace.

State of Middlesex , Massachusetts County.
We, John H. Brooks and Sabitha Brooks having been duly sworn, depose and say, that we well knew Abner Dyer who was a Muscon in the war whose widow now applies for bounty land,—that we knew him for more than forty years before his death, which occurred at Concord, Mass. about three years ago,—that we know that he died at about that time because we attended his funeral and have resided within three miles of him for more than forty years that we have known his said widow from his death to this time, that she has remained unmarried, and that we are disinterested.
John H. Brooks Sabitha Brooks
Subscribed, and duly sworn to before me, this twent & seventh day of March A. D. 1855
Solon S. Hastings { Justice of the Peace.
It is hereby certified that satisfactory proof has been exhibited before me, the undersigned, a Justice of the Peace, by the affidavits of John H. Brooks and Sabitha Brooks of the said county and state, who are personally known to me, who are entitled to credit, and who swear that they have no pecuniary interest in the result of the above application; that
Abner Dyer who was a Muscon in the War of the Rebelion of the late Abner Dyer died at Concord January 23rd A.D. 1852. and that the said
In testimony whereof, I have hereunto set my hand this twent & seventh day of March 1855
Solon S. Hastings Justice of the Peace.

DECLARATION, in order to secure the benefit of the Act of Congress, passed June 7, 1832.
COMMONWEALTH OF MASSACHUSETTS.
COUNTY OF WORCESTER, ss.
ON this fourteenth day of August in the year of our Lord, eighteen hundred and thirty two personally appeared in open Court, before Nathaniel Paine Judge of the Court of Probate now sitting Colvin Hildburn a resident of Princeton in the County of Worcester and Commonwealth of Massachusetts, aged seventy four 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 7th 1832.
THAT he entered the service of the United States under the following named officers and served as herein stated.
I was born in that part of Lancaster in said county which now stands in 1758 on the record of my birth I suppose there. I enlisted in Lancaster in July 176 for five months in the company commanded by Captain Samuel Sawyer in the Regiment commanded by Colonel Smith. We marched from Lancaster to New York by the way of New Haven. We were stationed awhile in the City of New York & marched to Harlem heights & were at the Battle of White Plains and at the end of our term of enlistment to wit five months we were discharged by verbal orders at Courtland or Croton Manor in New York. I then returned home.
In July 1777 I again enlisted in said Lancaster into the company commanded by Captain White of said Lancaster for two months. We marched from Lancaster to Bennington in Vermont and then to Half Moon in New York and soon after ordered back to Bennington where we arrived just before the Battle there. We remained at Bennington till the end of our term of service to wit two months and were then discharged by verbal orders. I then returned home again. The above services were done as a volunteer in said companies. I have resided in Princeton fifty two years past.
The proof of my service which I offer consists of the accompanying Depositions of William Fitch and John Robbins & Joseph Parsons.
Calvin Hildburn
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any state.
Sworn to and subscribed the day and year aforesaid.
Nathaniel Paine Judge of Probate for the County of Worcester Calvin Hildburn

We _____ a Clergyman residing in the _____ and residing in _____ hereby certify that we are well acquainted with _____ who has subscribed and sworn to the above declaration, that we believe him to be _____ years of age, that he is reputed and believed in the neighborhood where he resides, to have been a soldier of the revolution, and we concur in that opinion. Sworn and subscribed the day and year aforesaid.
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 mentioned applicant was a revolutionary soldier, and served as he states. And the court further certifies, that it appears to them that who signed the preceding certificate, is a clergyman, resident in the _____ and that who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
Nathl. D. D. Judge of Probate for the County of Worcester
I Philipus Wheeler , Clerk of the Court of Probate in the County of Worcester do hereby certify at the foregoing contains the original proceedings of the said Court in the matter of the application of Calvin Fitch for a pension. In the event that the above named Washburn and Fitch are not the same persons, then the foregoing is false to the best of my knowledge - IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this 14th day of December - in the year of our Lord eighteen hundred and thirty two.
Joseph Wheeler Register of Probate for the County of Worcester and Notary Public in said County -
I further certify that the signature of Hon. John Davis & Mrs. Washburn to the certificate of the Bath in the annexed affi- are genuine and that the signature to the certificate of the Oath administered to John Rollins in his affidavit annexed, is genuine being the handwriting of Alexander Dushlin, before whom said Oath was made, and that said Alexander Dushlin is a Justice of the Peace in the said County of Worcester, duly commissioned & sworn.
No 2800
In testimony whereof I have hereunto set my hand & affixed the seal of the Court of Probate for said County of Worcester in Massachusetts this eighth day of December in the year of our Lord 1832 Joseph Wheeler Register of the said Court of Probate
Worcester J. Probate Office November 19th 1832.
Philipus Wheeler Register of the Court of Probate, do hereby certify that since the accompanying Papers were returned from the War Department, they have been examined at this Office, and found to be the original proceedings of the Court in the matter of the application of Calvin Fitch for a pension, and in testimony whereof I have hereunto set my hand, and affixed the seal of said Court upon the tape connecting the said Papers - Joseph Wheeler Register as aforesaid

Calvin Stillburn Princeton Mass
No 2800
The papers are not properly authorized
Museum
of Nature as
$25.66.
Forwarded by J. H. Lewis P. R. Historic (H. P.)

BRIEF in the case of  Calvin Stoborn  of  Princeton  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 Four  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. As a Gen.     July 17 26 " 5 " Musickian Col. Smith   July - 79 " 2 " " Capt. White  
 5. In what battles was he engaged? White Plains  6. Where did he reside when he entered the service? Leicester  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Living Witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? The seal not in same sheet and the tape down not as under as required  X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
D. D. Robinson Examining Clerk.

2000-2001

Commonwealth of Massachusetts.
Secretary's Office, Boston June 6 th 1853 —
I hereby Certify, That at the date of the annexed attestation John Brooks was a Justice of the Peace for the County of Worcester.
in the said Commonwealth, duly commissioned and constituted; and that to his acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
C. H. [unintelligible] Secretary of the Commonwealth.

Station Master, New Bedford
November 4th 1853
On the fifth day of November, 1853, personally appeared before me, a Notary Public in and for the County of Bristol, known to me to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed.
Given under my hand and the seal of said Notary Public this fifth day of November, 1853.
She further declares that she was married to said Calum Kelburn on the twentieth day of November, in the year of our Lord one thousand eight hundred and fifty three, and that the foregoing instrument was acknowledged before her on the twenty third day of November, in the year of our Lord one thousand eight hundred and fifty three, and that it has been acknowledged before her this day, at which time she was fully apprised of the contents thereof and the effect thereof, and that the said Calum Kelburn, before making application for a divorce, has personally appeared before me, Notary Public, and acknowledged that he executed the same as his free act and deed.

and an order allowing to proceed to a final decree above and also
Issued the  mark  X Kilburn
and I do hereby certify that the foregoing is a true and correct copy of the original thereof and that the same has been duly attested by me this 10th day of April in the year of our Lord one thousand eight hundred and fifty three.
Thos. Kimball, Judge of Probate of said Court of Worcester
Commonwealth of Massachusetts.
Worcester, p.
I, Charles G. Prouty, Register of the Court of Probate for said County of Worcester, do hereby certify that the said Kimball is the Judge of said Court, duly commissioned and qualified - and that the above signature, purporting to be his, is genuine.
In testimony whereof, I do hereunto set my hand and seal of said Court this sixteenth day of April, in the year of our Lord one thousand, eight hundred and fifty three.
Chas. G. Prouty, Register.

State of Massachusetts, County of Worcester. Town of Princeton.
"Calvin Kelburn of Princeton, widower aged 80 years "by occupation a Farmer, son of Isaac & Hannah "Kelburn, and Miss Susan Anderson, of Prince- "ton, widow aged 70 years, daughter of John " & Sarah Warren, were joined together in marriage by "Rev. Albert A. Cook, Minister of the Gospel in the "year of our Lord, eighteen hundred & forty eight"
I, J. H. Gregory do hereby certify that the above is a true copy of the record with the exception of the date which is expressed on the record in four legible figures as follows, "Nov. 16 th A.D. 1848."
J. H. Gregory Town Clerk
I, J. H. Gregory above named do hereby say that I held the office of Clerk in the Town, County & State aforesaid, & that the above is a true extract from the records of said Town with the exception above named as certified by me.
J. H. Gregory
Town Clerk of Princeton.
Worcester ss. March 30 th 1853.
Subscribed & sworn
to before me, and I certify that I have no interest in the claim of Susan Kelburn to a pension and am not concerned in its prosecution.
John Brooks Justice of the Peace.
John Brooks Justice of the Peace.

State of Massachusetts, County of Worcester. Town of Princeton,
"Calvin Kilburn, aged 74 yrs. & 3 months "Farmer, - Married, - Died January the twenty- "third, in the year of our Lord one thousand eight "hundred and fifty-two."
I, D. H. Gregory do hereby certify, that the above is, a true copy of the record with the exception of the date, which is expressed on the record in fair legible figures, "January 23, 1852." - D. H. Gregory Town Clerk.
I, D. H. Gregory above named, depose and say that I hold the office of Clerk in the Town, County & State aforesaid, and that the above is a true extract from the records of said Town, with the exception above named, as certified by me. -
D. H. Gregory Town Clerk of Princeton.
Worcester ss. March 16 th 1853. Subscribed and sworn to before me, and I certify that I have no interest in the claim of Maria Kilburn, to a pension, and am not concerned in its prosecution. -
John Brooks Justice of the Peace.

No. 34712
ACT OF MARCH 3, 1855.
Received April 2, 1855.
Calvin Kilbourne Revolutionary War
Amount No. 5487-166 55
Payson Blake Boston Mass

S 54 57
S
Rev Acres

Additional Evidence
Calvin Kelburn
No 34712

Commonwealth of Massachusetts.
Secretary's Office, Boston. Aug. 30 th 1855.
I Hereby Certify, That from an examination of the Books and Documents relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of Calvin Kilburn is borne on pay roll of Capt. John White's Comp. Col. Job Cushing's Regt. from July 28 th 1777, 1 month 8 days, as S er jeant, from Lancaster
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
E. M. Wright Secretary of the Commonwealth.

ACT OF MARCH 3, 1855.
REVOLUTIONARY CLAIMS.
PENSION OFFICE,
Aug 21
1855.
Sir:
The claim of Susan Kilbourne for bounty land under the act of the 3d of March, 1855. - N. 3H. 712 has been examined and suspended.
The revolutionary service of Calvin Kilbourne the husband of the applicant, does not appear of record in this office.
The 3d section of said act requires a service of "FOURTEEN DAYS" to be established by "RECORD EVIDENCE."
Upon the production of such evidence of service, the claim will be favorably considered.
Very respectfully,
J. MINOT,
Commissioner.
Myron Blake Esq Boston Mass.

Commonwealth of Massachusetts.
Secretary's Office, Boston, March 30, 1855.
34. 7 1/2 I hereby Certify, That at the date of the annexed attestations, Solon S. Hastings was a Justice of the Peace for the County of Worcester.
in the said Commonwealth, duly commissioned and constituted; and that to his acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
E. H. Wright Secretary of the Commonwealth.

Rev. Mass
WIDOW, &c.
File No. 767
Susan Hiltorn
Widow
Calvin Hiltorn
Musician Rev. Mass
Act: Feb. 23, 1853
Index:—Vol. A , Page 480
[Arrangement of 1870.]

June 10 - 1853
App. No 2133 of Susan No 2133 Killburne widow of Calvin
Mafs:
Act 3d Feb. 1853
Recd:
allowed $25 \frac{66}{100} per an Com. Feb. 3, 1853
Franklin Hall 39 State Street Boston Mass
DEPARTMENT OF THE INTERIOR, Pension Office, Official Business

Pension Office Aug 23/55
Sir
Please report time of last payment to the death of William named Purvis
F. Buel Esq. respectfully to Bland S. Clarke for Committee Present
Calvin Kilbourne, act 1832, $25.66 p. an. Died 23 d Jan'y. 1852. Paid to his death.
F. Buel Auditor.

Sylvia Plath Princeton Mass
W 2800 -
From O. Davis Nuremberg

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Calvin Kelburn 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 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 claim to any other pension than the one under the Act of June 7, 1832? Yes 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, with an inscription

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? X XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? X 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? 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? no XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes
 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.

Mrs. Robbins Affidavit
For Martin Luther King Jr. Case

I John Robbins of Shurton in the County of Dorset and Commonwealth of Massachusetts, testify and say, that I have been acquainted with Calvin Kilburn of Preston in said County, a native of that part of the town of Sandhurst in said County, which is now in said Shurton. ever since we were boys. That some time in the summer of 1847. I volunteered my services as soldier in the Revolutionary War, in the Company commanded by one Capt. White then of said Preston, in the Regiment under the command of Col. Cushing then of Shurton in said County; that said Kilburn was in the same Company as a private, that we marched from that part of said Preston, which is now Shurton, through the town of Sherfield on the bar without River, then through Barningham in the State of Vermont to Half-Moon on the North River; after remaining there a short time we marched back to said Barningham and there found the British prisoners, whom Gen. Stark had taken, guarded in the Shurton house in said Barningham; that said Kilburn all the time continued to do service in said Company as a fifer; soon after we arrived into Barningham I was taken sick and went out of camp, and General Lincoln gave said Kilburn liberty to go out with me to nurse me; after I had recovered we returned into camp, and the Company was then dismissed. I cannot recollect the term of time for which we volunteered, but think, according to the best of my recollection, it was not far from two months. Shurton August 10 th 1832. John Robbins
Shurton J. August 10 th 1832. Personally appeared the above named John Robbins, subscribed, and made oath to the truth of the foregoing affidavit. Before me Alex. Dustin Justice of the Peace

William Fairbanks of West Boyl- ston in the County of Worcester seventy three years of age having been cautioned and sworn do depose and say that I have known Cal- vin Kilborn who is now present of Princeton ever since we were children. I served with him two tours of duty in the revolutionary service one of five months and the other of two months. The first tour of duty which he did was for five months in the company com- manded by Captain Sawyer in Col Smiths Regiment He enlisted in July 1776 and at the end of his term of service was discharged at Crotons or Can'tlands manor in New York. The second tour was of two months. He enlisted into Captain White Company and marched to Bennington & Half moon in New York & was discharged at the end of his term at Bennington in Vermont. This was in the summer of 1777.
W m Fairbanks
Commonwealth of Massachusetts Mendota J s Aug 14 1832 Then the above named William Fairbanks personally appeared before me and made oath to the truth of the foregoing Deposition by him subscribed in my presence Emory Washburn Justice of the Peace
I certify that John Robbins & William Fairbanks the two Deponents whose Depositions are herewith annexed are in my opinion entitled credit as witnesses Emory Washburn Justice of the Peace

Joseph Pearson of Sterling in the County of Worcester and Commonwealth of Massachusetts aged seventy three years being cautioned and sworn do depose and say that I have known Calvin Kilborn of Princeton who is present at the taking of this deposition ever since we were children, I know that the said Kilborn enlisted into the Revolutionary service in July 1776 in Captain Sawyer's Compa- ny in Colonel Smith's Regiment and where that he did duty in that Company for five months and that he was discharged at the end of his term of duty.
I also know that he again enlisted in the sum- mer of 1777 for two months and have no doubt that he served out that term in the Company commanded by Captain White of Lancaster. The company went to Bennington in Vermont and to Half Moon in New York and were discharged at Ben- nington. I was a member of the same Company with said Kilborn & did duty with him at both the above times & knew of his enlistments & discharges, as I have stated.
Joseph Pearson
Commonwealth of Massachusetts Worcester ss. Aug 14 1838 Then the above named Joseph Pearson personally appeared before me and made oaths to the truth of the foregoing Deposition by him subscribed in my presence.
Emory Washburn Justice of the Peace I also certify that the Deposition is in my opinion entitled to full credit as a witness.
Emory Washburn Justice of the Peace

39 State St. Boston June 6 th 1853.
Sir,
Enclosed herewith I forward the application of Susan Kilburn, widow of Calvin Kilburn, who was a prisoner at $25.66 under the Law of 7 th June 1832, for a respite under the second section of the Act of February 3 rd 1853.
I am Sir, most respectfully Your obed t serv t Franklin Hall.
J. P. Waldo, Esq. Comm r of Prisons. Washington, D.C.

Albania

Brief in the case of Susan Gilbourne widow of Calvin Worcester County and State of Massachusetts act of Feb. 3 1853
Claim. ("original," or "for increase")
Proof exhibited. (if original.)
Is it documentary, traditional, or supported by rolls? If either, state the substance.
Husband a pensioner under act of 1852 at $25 \frac{66}{100} per annum
Pr.
Marriage proved - public record.
(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what
Husband
Health. And rep.
Identity (circumstantial)
Name and residence of Agent
Franklin Hall 3 State St. Boston Mass.
Examining Clerk.
J. H. Gray