Revolutionary War Pension and Bounty Land Warrant Application File S. 23287, for Stephen Kirby, New York

SERVICE
NUMBER
New York
Kirby, Stephen or Kerby
S. 2,3287
CONTENTS

32697.
city
New York.
Stephen Nerby dec d .
of Westchester in the State of New York who was a private in the Comp y commanded by Captain Mobby of the Reg t commanded by Col. Thomas in the New York Troops line for 1 year 3 m. & 22 days
Inscribed on the Roll of New York City at the rate of 52 Dollars 44 Cents per ann. to commence on the 4th day of March, 1834. & end 18 th March 1842 when he died
Certificate of Pension issued the 26 th day of Feb y 1850. and sent to Hon. Wm. Nelson, House of Reps.
Arrears to the 4th of
Semi-annual allowance ending.
Payable to surviving children
James Nerby.
Deborah Nerby { Revolutionary Claim Act June 7, 1835
Recorded by J. B. Chase Book E 2 Vol. 4 Page 39
Reprinted

...company Samuel Lyon and Lemuel Light... ...to the... Light... by me... ...due to the... Light... only
February 12 1770 Stephen Kerby, [ ] 21 years of Age 1770 - 1-12-0
First Born April the 18 th 1781 Mary was Born June the 6 th 1782 James was Born June the 11 th 1782 Thomas was Born December the 24 th 1778 Deborah was Born February the 23 rd 1782
Stephen Kerby was Born Feb y 1 st 1749
Mary Kerby was Born November 1749
James Kerby was Born June 11 1774
Thomas Kerby was Born December 24 th 1778
Deborah Kerby was Born January 28 th 1782
Thomas Kerby, (Book) April 8 th 1796

Carpenter
L 174
  by 5 1/2 Bushells of Corn at 3 3/4 0-16-0   by one Bushell of Buckwheat 0-2-6   by one Bushell of Peas 0-4-0   by one Bushell of Corn 0-3-0   by one Bushell of Corn 0-18-0   by one Bushell of Peas 0-1-6   by one Bushell of Corn 0-1-6 
2:10 2 2:50 1
1-11-3
Smother Carpenter

Articles of Agreement made and concluded on
This Twenty fourth Day of April One Thousand Eight Hundred and five between Andrew Sniffen Yeoman and Benjamin Cartier a Black Man both of the Town of South Berne West Chester County and State of New York. To wit: That the said Andrew Sniffen against him and in that said Benjamin Cartier to find him Land to till and there Conditions like that whatever the said Benjamin Cartier shall till he is to have one third of the produce and he the said Andrew Sniffen against to find Seven for every Purpose above mentioned, likewise to find him a House to live in until the first of September next and fire wood for that time. Furthermore he the said Andrew Sniffen is to pay his part of the produce of every but whatever and to find the said Benjamin Cartier fruit for his family as well and he the said Benjamin Cartier is to till the ground well that is to pay proper attention to his business in all respects and to find a Dispay one third of the value of the utensils and find one third of the value of every Description and furthermore he the said Benjamin Cartier is to work six days at Drawing Stone and to Mow the Barnes Meadows so called and put in Cack in good order and in Confirmation of every of the above Articles we have hereunto set our hands and seals the Day and Year first above Written (N.B. the above intabulated)
Signed and sealed in presence of us Stephen Herby containing the record from an old Bible
Andrew Sniffen Benjamin Cartier Mark

State of New York } James Kirby of the Town of County of Westchester } North Castle in said county aged seventy five years the eleventh day of last June as appears from the record taken from his Father's family Bible who being first sworn affirmed according to his deposition that he was born in the town where he now resides and has lived there all his life with the exception of about twenty five years, Deponent always made his home with his Father Stephen Kirby and was constantly a resident in the same house for the last forty years of his Father's life, was well acquainted with his Father's hand writing and knew that the signatures attached to this deposition where his, Deponent knew that his father made an effort to obtain a pension in the month of October one thousand eight hundred and thirty six that the declaration then made was not executed in consequence (as stated by the Judge) of the times of service being too indefinite Deponent further declares that the man who drew that declaration by the name of Hammond cannot be found after diligent enquiry, he lived in the city of New York at the time the declaration was drawn but not since and his residence to deponent is unknown Deponent further says that his Father died on the eighteenth day of March March one thousand eight hundred and forty two and that there is no written record of his death excepting that on his Tomb Stone Deponent further saith that the signature of his Father to the article of agreement made between Sniffin and Casten was cut from said paper for the purpose of sending it detached but afterwards replaced and it is the identical signature taken therefrom Deponent also saith that the leaf containing the record of his Father's birth was taken from an old Bible supposed to have been in the

family more than one hundred years all the rest of the papers excepting the article of agreement taken from old account books for voluntary to be sent to the department subscribed & affirmed before me this 31st day of August one thousand eight hundred and forty nine John Ferris Justice of the Peace.
James J. Kirby
State of New York,
COUNTY OF WESTCHESTER, ss.
I, MUNSON I. LOCKWOOD, Clerk of the County aforesaid, and also Clerk of the Courts in and for said County, DO HEREBY CERTIFY, That John Ferris Esquire, whose name is subscribed to the Certificate of the proof or acknowledgment of the annexed Instrument, and endorsed thereon, was, on the day of the date of the said Certificate, a Justice of the Peace in and for the said County, residing in the said County, commissioned and sworn, and duly authorized to take the same, according to the laws of the said State. And, further, that I am well acquainted with the hand writing of the said Justice, and verily believe that the signature to the said Certificate is genuine.
In Testimony Whereof, I have hereunto set my hand, and affixed the Seal of the said County Courts, the 6 th day of September 1849
Munson I. Lockwood Clerk.
conally one and fifteen years and on said may
Ferris Justice of the Peace
L. d. 18 March 1842

Certify more than one hundred years all the rest of the papers excepting the article of agreement taken from our account Books for Voluntary to be sent to the department Subscribed & affirmed before me this 31st day of August one thousand eight hundred and forty nine John Ferris Justice of the Peace.
James Kirby
I hereby certify that I am personally acquainted with James Kirby above named and have been so acquainted for the last fifteen years that he is a man of truth and integrity and on whose affirmation full faith and credit may be given to the above statement
John Ferris Justice of the Peace
L. d. 18 March 1842

State of New York } County of Westchester }
On this 28 th day of August one thousand eight hundred and forty nine before me Albert Lockwood Judge of the courts in said County of Westchester in open court personally appeared James Kirby of North Castle in the county & State aforesaid Aged seventy five Years the eleventh day of last June who being first duly sworn  affirmed according to law doth on his oath make the following Declaration in order to obtain the Pension which was due his father Stephen Kirby under the Act of Congress passed June 7 th 1832. That he is one of the children of Stephen Kirby dec d late of North Castle in said County. That his father was a private soldier in the War of the Revolution and served in the Militia of Westchester County as described and set forth in the annexed statement prepared for his father to execute and is also set forth in the Certificate of the Comptroller of New York also unto annexed. The reason his father did not execute the annexed paper to be his declaration is because he was informed by the Judge that it was not sufficiently definite as to each period of service, or the whole, to be available in the adjustment of his claim for a pension & therefore it was useless to execute it unless said Kirby could state each period of service more definitely. & said Kirby not being able to do so, the matter was abandoned, & no further effort was made during his life, & now until the present time, & the reason his Declarant has not before asserted this claim is because he thought that if it was not attainable in the life time of his father, it was useless for him to take any trouble about it.
That deponent's father the said Stephen Kirby died in the Town, County, and State aforesaid on the eighteenth day of March in the Year one thousand eight hundred and forty two, and at the time of his death left no widow and the following are the only children of the said Kirby that are now living viz James Kirby (the declarant) and Deborah Kirby and each of them are over twenty one Years of age.

Subscribed & sworn  affirmed to before me in open court this 28 th day of August 1849
James Kirby
Albert Lockwood
County Judge
I certify that I am personally acquainted with James Kirby who executed the foregoing & annexed Declaration and that he is a person of good moral character & standing for truth & veracity and I have entire confidence in his statement as set forth in said declaration
Albert Lockwood County Judge
State of New York,
COUNTY OF WESTCHESTER, ss.
I, MUNSON I. LOCKWOOD, Clerk of the County aforesaid, and also Clerk of the Courts in and for said County, DO HEREBY CERTIFY, That Albert Lockwood Esq. whose name is subscribed to the Certificate of the proof or acknowledgement of the annexed Instrument, and endorsed thereon, was, on the day of the date of the said certificate, County Judge in and for the said County, residing in the said County, commissioned and sworn, and duly authorised to take the same, according to the laws of the said State. And, further, that I am well acquainted with the handwriting of the said and verily believe that the signature to the said Certificate is genuine.
In Testimony Whereof, I have hereunto set my hand, and affixed the Seal of the said County Courts, the
19 th day of
Sept r
1849
Munson I. Lockwood, Clerk.

[Persons making application at the Comptroller's, or Secretary of State's Office, for searches, or certificate of service of any person, in the army of the U. S. during the revolutionary war, should give the name and ranks held by such person; the nature of the service; whether in the Infantry, Cavalry, or Artillery, &c.; in the regular army or militia; the names of the officers commanding the regiments and companies at the time of enlistment, service and discharge, as near as can be given. The names should be given with care, and in a legible hand.]
In pursuance of a law passed the 27th of April, 1784, entitled "An act for the settlement of the pay of the Levies and Militia, for their service in the late War, and for other purposes therein mentioned," the following certificates have been issued, bearing interest at five per cent per annum, viz:
   Date Name No. of Cert'e issued, £ s d     1777 July 1 Stephen Carby. Private 43,263 6 13 04   " Nov 10 do do do 43,266 5 06 08   1778 July 28 do Carby do 46,725 5 06 08   1779 July 28 do Carby do 43,225 6 00 00   1780 Oct 10 do do do 43,423 11 11 01   " Dec 11 do do do 43,375 3 11 01   1781 Dec 10 do Kirby — 42,032 3 11 01   £ 41 19 11  
STATE OF NEW-YORK,
COMPTROLLER'S OFFICE, Albany, Augt 22 nd 1845
I hereby certify the above to be true extracts from Book No. 2 of Certificates now remaining in this office, and that the service for which the certificates above named were issued, were performed under the following officers, viz:
   First — under Capt. in Col. Regiment.     Second " " David Noble " Thos. Mearns "   Third " " do do " Thos. Mearns "   Fourth " " do do " Thos. Mearns "   Fifth " " do do " do do "   Sixth " " do do " do do "   Seventh " " do do " do do "   Eighth " " Prisoner 1 mo 10 days see Cert B. 1. 309. " do do "   Ninth " " Prisoner 1 mo 10 days see Cert B. 1. 309. " Col Thos Mearns. Regt. "   Tenth " " " " "   Eleventh " " " " "   Twelfth " " " " "   Thirteenth " " " " "   Fourteenth " " " " "   Fifteenth " " " " "  
I have examined the rolls for the above, and find £41. 19. 11. to be correct.
John Bleecker
Examining Clerk.
Philip H. Green
Comptroller.

Declaration in order to obtain the benefit of the Act of Congress passed June 7. 1832. State of New York
Westchester County } ss: On this day of October 1836 before me one of the judges of the Court of Common Pleas of the County of Westchester and State of New York. Stephen Kirby a resident of the Town of North Castle & County aforesaid, aged eighty seven years, who being by me 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. 1832.
That as appears from a memorandum done on a page of a family Bible, whereon are entered the several ages of the members of his fam- ily, he was born Feb. 1. 1749. Which memorandum was made more than fifty years since, and he believes it to be correct - and knows of no other record of his age. That he was born at Conneek then in the Town of Oystebay or Hempstead in Queens Co. on Long Island & in the State of New York - where he resided until the age of fourteen years when he removed to North Castle where aforesaid. where he continued to reside until the latter part of the Revolutionary war - when about the time the American & British lines were moved above North Castle and passed through the Town of Bedford, the declarant removed to that place - and resided there about two years and three months. 2 This Declarant served in the militia of the State of New York during the whole of the Revolutionary war. That at the commencement of the war, the regiment in which he served (the number of which he cannot recollect) was commanded by Col. Gilbert Badd. who then resided at Marinack, Westchester Co. That he served under said Badd. until he removed from that quarter of the County. That he continued to serve under his immediate successor Col. Thomas Thomas - to the end of the war. That he served in the Company commanded by Capt. David Hobby. until said Hobby was appointed a Major. That his service in said Company under Captain Hobby commenced with the

of the County. That he continued to serve under his immediate successor Col. Thomas Thomas to the end of the war. That he served in the Company commanded by Capt. David Hobby, until said Hobby was appointed a Major. That his service in said Company commenced with the war and continued during the greater part of it. That said Company, was on the promotion of Captain Hobby as aforesaid, commanded by Captain Benoni Platt, and next subsequently by Captain Gilbert Loomis, who commanded it at the close of the war. That during the war, at Bedford, he joined a Company commanded by Captain St. John. That he was then eleven and with six or eight others he fired and supported a soldier in the service. That he was called into service under Captain Moseman at East Chester in said County. That he served under several other Captains on the different tours he made, whose names he cannot now recollect. That he was acquainted with Gen. Hull the commander of the American forces on the northern frontier in the late war, who was at the period of this declaration residing with him, as Lieutenant Colonel, stationed in North Castle, of the Regiment of Col. Myles as this declarant believes. That he was also acquainted with Captains Richard Nicholl & Thomas Hunt, of the regular Army, the former of whom was offered to be promoted to a Colonelcy. This declarant was liable at any moment to be called into actual service. His residence being always near the American & British line. He was called out by the military authorities for days, nights & weeks as the necessity of the occasion demanded. At some times for many days successively alternately. While he was under Col. Budd, he was very frequently ordered to Mar- inack, to protect that place from the British shipping in Long Island Sound. As He believes he was ordered to that place as many as ten or twelve occasions. His service on such occasions sometimes occupied a week and sometimes several weeks. Marinack was about fifteen miles from his residence when ordered on such service. He was one of a band of men, stationed at East Chester, during the early part of the war, to guard prisoners on the line of the war. He traversed Westchester County in every direction on various military expeditions. That on one of these military expeditions

in which he was engaged. He passed into the town of Greenwich, Fairfield County Conn. about six or seven miles from the New York State boundary line. This declarant never happened to be engaged in any battle. During the latter part of the war, this declarant was surprised and taken prisoner at the house of one Hyatt in White Plains North Castle, while he was bearing his musket. He was by two Tories. He was taken to New York and kept in close confinement in the Sugar House for the period of six weeks. When, with three others, (Captain Hallett who served in the capacity of Captain although he never received a Commission, Ebenezer Merritt and Jonathan Banks) he was exchanged for British prisoners. This declarant was exchanged for one Abraham Goulding. This declarant received pay for the time of his detention as prisoner as aforesaid. This declarant cannot state with any degree of precision the duration of his terms of service under the several officers. This declarant was engaged much of the time as a guard of the neighborhood. He is unable to estimate the whole time, in which he was actually engaged on military expeditions and as a guard of the neighborhood as aforesaid. But he in fact believes that he was actually so engaged for considerably more than two years. At one time he sold to said Hobbey certificates of pay due him for fifteen dollars in cash at the rate of five shillings on the pound - same to one Hugh Field who lived in Greenwich, Conn. certificates for ten dollars or about that sum at the same rate. That he sold a quantity of said certificates to one Nathaniel Tucker, the amount of which he cannot recollect. He has also reason to believe that he did not receive the full amount due him for the certificates for the full amount due him, but that he was defrauded of the same by the said Captain Hallett and Lyon. This declarant was so occupied or interrupted by his military services, that he was unable to pursue any civil avocation upon any during any part of the war. This declarant has resided his whole life as is above set forth except about the last  last year he lived in Greenwich, Fairfield Co. Conn. This declarant is in indigent circumstances and dependent upon his son who is a laboring man for his support. This declarant is utterly unable from bodily infirmity to appear in court for the purpose of making his declaration. Since his present residence in North Castle about nine years ago he has not at any time been absent more than a mile and a half from Greenwich.

which is in indigent circumstances and dependent upon his son who is a labouring man for his support. This declarant is utterly unable from bodily infirmity to appear in court for the purpose of making his declaration. Since his present residence in North Castle on his removal from Greenwich about nine years ago , he has not at any time been absent more than a week and a half from his home - and has not attended Church and is not acquainted with any clergyman in his vicinity. Those who had a personal knowledge of the services of this declarant in the Revolution, or have removed their residence to places of which he is ignorant except Mr. Miller whose deposition is hereto annexed and one Zebulon Sniffen, an old neighbor & associate in arms, now a U.S. pensioner and residing in La Fayette, Onondaga Co. N.Y. who was intimately acquainted with him during the war - and whose testimony in support of this application he has endeavored to procure - but he has been informed in answer to a letter he had caused to be written to his son said Sniffen's son for that purpose, that Mr. Sniffen's memory has entirely failed him. The name of this declarant was formerly spelled Kirby - and on some of the official books and papers of his military officers he has seen it spelled Curby . This declarant 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. This declarant knows of no documentary evidence, which he can procure in support of this application.
State of New York - } County of Westchester } I, James Kirby of North Castle in said county being duly affirmed sworn according to law deposite that he is a son of Stephen Kirby named in the foregoing & that the facts relating to the Revolutionary service of said Kirby is true according to the best of declarant's knowledge & belief, except that the deposition referred to of S. Miller was not then obtained or annexed but was designed to have been before the paper was executed. Subscribed & sworn to before me in open court this 28 th day of August 1849 - see Declaration of James Kirby hereto annexed
Albert Lockwood Court Judge
James Kirby

State of New York Westchester County } p:

State of New York } County of Westchester } Eze Lockwood of the Town of Poundridge in said county aged seventy two years as appears from the record of his family being duly sworn according to Law Depoeth That he resides in the abovenentioned Town and was born in the same That he was one of the Judges of the Court of Common Pleas was Judge in the year one thousand eight hundred and thirty six Deponent remembers of being called on to execute a declaration to obtain a Pension for Stephen Kirby - Deponent believes to the best of his recollection that the declaration annexed dated one thousand eight hundred and thirty six to be the same paper that he then saw and refused to execute it in consequence of the time specified therein being so indefinite that he thought the Pension department would not grant a pension on a declaration thus drawn in such general terms and too indefinite periods of service. Subscribed and sworn to before me this first day of September 1849 } Eze Lockwood William Lockwood
Justice of the peace
I certify that I am personally acquainted with Eze Lockwood above named and have been so acquainted for all my life know him to be one of the Judges of the County court or court of Common Pleas in the year one thousand eight hundred and thirty six also know him to be a man of truth and veracity and a man whose word or oath full faith and credit may be placed to his statement William Lockwood
Justice of the peace

State of New York,
COUNTY OF WESTCHESTER, ss.
I, MUNSON I. LOCKWOOD, Clerk of the County aforesaid, and also Clerk of the Courts in and for said County, DO HEREBY CERTIFY, That William Lockwood Esquire, whose name is subscribed to the Certificate of the proof or acknowledgment of the annexed Instrument, and endorsed thereon, was, on the day of the date of the said Certificate, a Justice of the Peace in and for the said County, residing in the said County, commissioned and sworn, and duly authorised to take the same, according to the laws of the said State. And, further, that I am well acquainted with the hand writing of the said Justice, and verily believe that the signature to the said Certificate is genuine.
In Testimony Whereof , I have hereunto set my hand, and affixed the Seal of the said County Courts, the 10th day of September 184 9
Munson I. Lockwood Clerk.

M.W.F.
December 3, 1926
Miss Jean B. Ruhl 413 East 153rd St., New York City
Madam:
I have to advise you that from the papers in the Revolutionary War pension claim S. 83287 it appears that Stephen Kerby, or Kirby, was born February 1, or 12, 1749 at Conneck, then in the town of Oyster Bay or Hempstead in Queens County, Long Island, New York, and when fourteen years of age moved to North Castle, Westchester County, New York, at which place and in Bedford, he lived during the Revolution.
He enlisted July 1, 1777 and served at various times during each succeeding year until in 1781, as a private under Captain David Hobby, Benoni Platt, Gilbert Lyon and Saint Johns, and Colonels Gilbert Budd and Thomas Thomas in the New York Troops, one year, three months and twenty-two days in all, and was captured at White Plains, New York, taken to New York and held a prisoner in the old "Sugar House" from November 1, 1781 until December 10, 1781 when he was exchanged.
In 1836 he was living in North Castle, New York, prior to

which he had lived about twenty years in Greenwich, Fairfield County, Connecticut. He died March 18, 1842 in said North Castle, leaving no widow. In 1849 two children survived, James born June 11, 1774 and Deborah Kerby.
The pension due their father for his services in the Revolution, was allowed on the application of said James Kirby, made August 28, 1849 in behalf of himself and sister Deborah, at which time he was living in North Castle, New York.
The following family data is also of record: February 12, 1770 Stephen Kerby twenty-one years of age.
First born(no name) April 1, 1771. Mary " June 5, 1773. James " June 11, 1774. Thomas " December 24, 1778. Deborah " February 28, 1782.
and again:
Stephen Kerby born February 1, 1749. Mary Kerby " November 18, 1749. James Kerby " June 11, 1774. Thomas Kerby " December 24, 1778. Deborah Kerby " January 28, 1782.
..... The Revolutionary War records of this Bureau fail to show a claim for pension or bounty land on file on account of the services of a Captain William Kirby (Kerby).
Respectfully,
WINFIELD SCOTT Commissioner.

Stephen Hardy Payment to be made at New York by Pierre M. Irving Agent for paying pension- ers, in the Agency of New York
Recorded in the Pension Office, in Book Vol- ume Page by
J. B. Chase Clerk.

copy DEPARTMENT OF THE INTERIOR.
Claim for Military Service.
I certify that, in conformity with the law of the United States, of the 7 th June 1832, Stephen Verby deceased late of New York, who was a private in the Revolution, and died 18 March 1842, is inserted in the roll of pensioners at the rate of Fifty two 44 ⁄ 100 Dollars Per annum, commencing 4 March 1831 and ending 18 March 1842, when he died.
The amount is due & payable to his only surviving children, to wit James Verby & Deborah Verby.
Given at the Department of the Interior, this 26 th day of February one thousand eight hundred and forty five.
Examined and } Countersigned. }
Secretary of the Interior.
Commissioner of Pensions.

Bartleton
23287
Det. C. this to Mr. Jenk. Chkl. MMSF.
INVALID.
File No. 23287
Stephens Kelly Dec. 1882
Act: June 7 th 1894
Index:—Vol. 9 , Page 217
[Arrangement of 1870.]

N 37.195 Stephen Kirby and NY Simon William Valentine 19 th Dec 1849
at 7 June 32

Received of James Kirby Eight Dollars in full for coffin & attendance to funeral Bedford March 28 th 1842 Henry Jackson

Northcastle august the 12 Day 1780
Permit the Bearer hereof Stephen Kearby to Pass from Bedford to his hum in this place with one Cow to whom it may Concern
Peter Lyon Justice

C. Smith
That note Dec 14 1849 I only certify that this person with other accompanying was taken from the person of Stephen (likely alias) John Lewis' father of the same
John Lewis 10-10-50 to be published

South Castle Dec 7th 1849
I hereby certify that this paper with other accompanying was taken from the papers of Stephen Kirby (cler.)
John Ferris Justice of the Peace
10-10-1 John Ferris Justice of the Peace
South

For Value Received I Promise to Pay or cause to be paid unto Joseph Warren to His order the sum of Eight Hundred Pounds Shillings to be the sum of Money at the rate and if not paid then Lawfull interest till Paid as Witness My Hand in Presence of

This is to certify that the Bearer hereof Stephen Barry  Barry is as far as I know a Dick in this Place Northcastle February the 20 Day 1783 Reber Lyng Justice to whom it may Concern.

November the 26 day 1784 Then Received of Stephen Curbe Eight Shilling or else money Received by me Daniel Hugg

May 24 th 1871 Received of Stephen Carby on the account of Jesse Young the sum of Six pounds by me _____ Peter Lyon in the presence of Albert Ogden

Worcester County By virtue of authority to us given we do Lison and permit Stephen Derby of North Castle to Retail Spirituous Liquors in his dwelling house where he now lives until the first day of March next he first having Entered into recognizance to keep a tavern as the Law Directs given under our hand and Seal this twenty Eight Day of November 1785
Abel Smith Supervisor
Peter Lyon

I hereby certify that this paper together with several others were taken from the papers of Stephen Kirby (deceased) and from all appearances refer to one and the same person in my belief
December seventh 1849
John Ferris Justice of the Peace

Recd of Stephen Curby the sum of Twenty two Shillings and six pence In full of all accounts to the date hereof by me W m Worth castle September 20 th 1784
William Mashine

Deciding that this paper was taken from the papers of Stephen Kirby decd Dec 7th 1849
John Ferris Justice of the Peace.
11/18/52 S
6-5 7 3/4
4-11 at 9-06

State of New York } William Carpenter of County of Westchester } South Castle in said County I give eighty six years the 26th day of August last according to the record of his family who being duly affirmed according to Law Deposeth that he was born in the Town of South Castle and has lived there ever since excepting thirteen years that he was acquainted and intimately acquainted with Stephen Kirby of said Town for seventy years before his death has never known any other man or family of that name since his earliest recollection nor does he believe there was during the revolution or since any man of the name of Kirby living within the limits of Castle Kirby or I don't think he must have known if there had been any other man or family of that name as he was acquainted with the parties and the inhabitants of the Town generally Deponent believes that the proper manner of spelling the name of Kirby should begin with K but is also sure that the name spelled Curby or Kirby or Carby and many other ways all mean one and the same man
subscribed and affirmed to me before me this seventh day of December 1849 John Ferris Justice of the peace  William Carpenter Mark
I hereby certify that I am personally acquainted with William Carpenter and have been so acquainted for the last twenty five years that he is a man of sound mind and memory a member of the society of friends and one on whose word or affirmation full faith and credit may be placed that the reason why said Carpenter makes his mark is in consequence of a palsied hand John Ferris Justice of the Peace

State of New York,
COUNTY OF WESTCHESTER, ss.
I, MUNSON I. LOCKWOOD, Clerk of the County aforesaid, and also Clerk of the Courts in and for said County, DO HEREBY CERTIFY, That John Ferris Esquire, whose name is subscribed to the Certificate of the proof or acknowledgment of the annexed Instrument, and endorsed thereon, was, on the day of the date of the said Certificate, a Justice of the Peace in and for the said County, residing in the said County, commissioned and sworn, and duly authorised to take the same, according to the laws of the said State. And, further, that I am well acquainted with the hand writing of the said Justice, and verily believe that the signature to the said Certificate is genuine.
In Testimony Whereof , I have hereunto set my hand, and affixed the Seal of the said County Courts, the 15 th day of December 184 9
Munson I. Lockwood Clerk.

State of New York County of Westchester
I, Nkehemaiah Suckley of South Castle in said County Age fifty one years the Thirteenth day of December (Instant) as appears from the record of his family Who being first duly sworn according to Law Deposeth that he was born in the Town of Poundridge adjoining the Town of South Castle has resided in South Castle for the last eleven years has been acquainted with the family of Stephen Kirby for twenty five years Deponent has been recently engaged in collecting testimony in the case of Stephen Kirby deceased and finds it the universal opinion of the old people with whom he has conversed that there has not been for the last century any family of the name of Kirby but the one above mentioned living in the Town of South Castle or within the beat of Capt. Hobbs or Lyon Deponent has examined the Books and papers of said Kirby deceased, and finds the name spelled in six different ways Viz Kirby - Kirby - Kirby - Kirby - Kirby and Kirby and that the almost universal pronunciation of the name by old and especially unlearned people is Kirby — on further examination Deponent finds the name spelled Kirby and Kirby and is positively assured that they all mean one and the same person — The names as above spelled on old Bills Papers &c accompany this deposition Deponent has also examined the Town Records since 1736 and finds no name of Kirby except that of the abovenamed Stephen Kirby nor does he believe there ever was any other of the name living in said Town viz South Castle
Subscribed and sworn to before me this seventh day of December one thousand eight hundred and sixty nine J. H. Davis Justice of the Peace
Nkehemaiah Suckley

I hereby certify that I am personally acquainted with Solomon Dicks within named and have been so acquainted for the last eleven years and believe him to be a man of truth and integrity and on whose oath full faith and credit may be placed.
John Ferris Justice of the Peace

Kirby W37198 Stephen Kirby dec NY Act 7 June 32
died 18 March 1842 Capt Nobby Col. Thomas, in water admitted
P 1:3:22 p52.44 for annu co 60 March 1831 to 18 March 1842 when he died.
Children James Kirby & Deborah Kirby
From Wm Nelson N R

State of New York } James Hopkins of the town County of Westchester } of Greenwich County of Fairfield and State of Connecticut } Aged eighty three years the 24th day of October next as appears from the record of his family Who being first duly Affirmed according to Law Deposeth that he was born in the Town of North Castle County of Westchester and State of New York and lived there the greater part of his life, knew Stephen Kirby from his ear- liest recollection until his death That he knew that the said Kirby served during the revolutionary war as a militiaman remembers well of seeing him with arms at his uncles House in company with others also under arms, it was said at that time that he Kirby was on duty more than he was able as he was a poor man and gained a livelihood by labor Deponent also saith that he never knew of any other Stephen Kirby during the revolution, and that the said Kirby lived within three miles of Captain David Hobb and about the same distance from Capt. Gilbert Lyon Deponent does not now remember of hearing Kirby say that he served under either of said Captain but has no doubt that he did serve under one or both of them as he was within their beat the greater part of the war and was at the time deponent saw him under arms as abovementioned Deponent does not know but he might have seen said Kirby many times under arms but does not remember but the last time distinctly Deponent also saith that the said Kirby was compelled to remove his family from North Castle to Bedford for their safety as it was unsafe to stay in his House in North Castle for fear of surprise and being made Prisoner James Hopkins Subscribed & Affirmed to before me this 3 rd Day of September 1843 Frederick G. Read Justice of the Peace

I hereby certify that I am personally acquainted with James Stephens within named and have been so acquainted for the last fifteen years that he is a person of good affirmitation within
State of New York,
COUNTY OF WESTCHESTER, ss.
I, MUNSON I. LOCKWOOD, Clerk of the County aforesaid, and also Clerk of the Courts in and for said County, DO HEREBY CERTIFY, That Frederick G. Read Esquire, whose name is subscribed to the Certificate of the proof or acknowledgment of the annexed Instrument, and endorsed thereon, was, on the day of the date of the said Certificate, a Justice of the Peace in and for the said County, residing in the said County, commissioned and sworn, and duly authorized to take the same, according to the laws of the said State. And, further, that I am well acquainted with the hand writing of the said Justice, and verily believe that the signature to the said Certificate is genuine.
Read Justice of the Peace
In Testimony Whereof, I have hereunto set my hand, and affixed the Seal of the said County Courts, the 6 th day of September 1849
Munson I Lockwood Clerk.

I hereby certify that I am personally acquainted with James Stephens within named and have been so acquainted for the last fifteen years that he is an honest upright man and one on whom affirmative full reliance may be placed to the within statement
Frederick G. Read { Justice of the Peace

Letter
To J. L. Edwards Esq.

Albany N.Y. Dec 24 th 1849
Sir
Enclosed is additional evidence in the case of Stephen Kirby. Due under the Act of June 7 th 1832 —
I am Yours very respectfully Y. P. Valentine
J. L. Edwards Esq — Comm r of Pensions Washington
Reported by letter on the 19 th ult.

Letter
To J. L. Edwards, Esq.

Albany N.Y. Sept 24 th 1849
Sir
Enclosed is the papers in the application of the children of Stephen Kerby deceased for the Pension which was due their father under the Act of June 7 th 1832.
The Comptroller of New York informs me that the order on file containing the signature of Kerby can not be withdrawn from the papers in his office, but has furnished a copy with his opinion as to the signature, compared with a signature to a paper furnished by the parties in this case, which, in connection with other old papers, are herewith forwarded.
I am Yours very respectfully Wm Valentine
J. L. Edwards Esq Couns of Pensions Washington City

North castel feberary 4 th 1785.
Sir. Pleas to pay unto Nathaniel Tucker, all the mages that is Due me for my serves in your Regiment and his Receipt shall Be your Dischary in full for the same Stephen Kerby" To Connail Thomas. (also signed) Israel Rowells."
Comptroller's Office Albany September 24 th 1849.
I hereby certify that the preceding is a true copy of the original order now on file in this office, and of the whole of said original W. Burt Comptroller.
At the request of M c Valentine Esq. I have compared the signature of "Stephen Kerby" on an original order to Col Thomas, of which the preceding is a copy, with the one on a paper dated at Bedford May 20. 1782, relating to "a right" or interest proposed by Kerby in a clasp right, supposed to have been granted to the persons who composed said clasp, for their having procured a substitute to serve in a company commanded by Captain Thomas Hunt. And am of the opinion that both of said signatures were written by one person.
Albany September 24 th 1849.
W. Burt
I have carefully compared the signatures referred to by Mr Hunt, and concur in his opinion. John Hancock
I have also examined the signatures, and concur in the above opinion.
Nicholas Shepard (page 4)

State of New York County of Westchester
Surrogate's office S.S. Lewis C. Platt Surrogate of the County of Westchester do hereby certify, that it has been sat- isfactorily proved before me that Stephen Kirby died in the town of North Castle in said County of Westchester on the Eighteenth day of March in the year one thousand eight hundred and forty two. That he left no widow that James Kirby and Deborah Kirby are his only children - both of whom are over the age of twenty one years In testimony whereof the Surrogate of said County hath hereunto affixed his Seal of office
Witness Lewis C. Platt Surrogate of said County at the Surrogate's office in the town of White Plains the 6 th day of September AD 1849
Lewis C. Platt Surrogate

State of New York County of Washington } I, Nathan Carpenter of South Castle in said county Age eighty six years the twenty sixth day of August last as appears from his family record. Who being first duly affirmed according to Law Deposeth that he was born in the town where he now resides and has lived there ever since with the exception of about thirteen years lived in said town during the war of the revolution. Was acquainted with Stephen Kirby from his earliest recollection until his death. Deponent also knew of said Kirby when a militiaman has seen him out with fire arms probably twice twelve times but remembers of one time in particular at his Father's House in company with others who were also under arms in what was then called a scouting party. Deponent also saith that he deponent also Kirby lived near neighbors both within less than three miles of Capt Hobby and about the same distance of Capt Lyon and has no doubt that he served under one or both of said Captains. Deponent has heard that said Kirby was made prisoner during the war but did not know the fact from the circumstance of his being made a prisoner and confined out of his neighborhood. Deponent also understands that Kirby removed his family to Bedford for safety. Deponent never knew of any other man of the name of Kirby during the war of the revolution living within the limits of Capt Hobby or Lyon but the one above named. Deponent also saith that the prevailing opinion at that time and ever since with those who knew Stephen Kirby that he was a true Patriot and served his country long and faithfully. has heard a fellow soldier say that if ever a man deserved a pension from his government. Stephen Kirby was the man Deponent knew.

said Kirby as an honest upright but poor man all his days Subscribed and Affirmed before me this thirteenth day of September one thousand eight hundred and forty nine Frederick G. Read Justice of the Peace
My accounts are here this a copy of affirmation to the
State of New York,
COUNTY OF WESTCHESTER, ss.
I, MUNSON I. LOCKWOOD, Clerk of the County aforesaid, and also Clerk of the Courts in and for said County, DO HEREBY CERTIFY, That Frederick G. Read Esquire, whose name is subscribed to the Certificate of the proof or acknowledgment of the annexed Instrument, and endorsed thereon, was, on the day of the date of the said Certificate, a Justice of the Peace in and for the said County, residing in the said County, commissioned and sworn, and duly authorized to take the same, according to the laws of the said State. And, further, that I am well acquainted with the hand writing of the said Justice, and verily believe that the signature to the said Certificate is genuine.
In Testimony Whereof, I have hereunto set my hand, and affixed the Seal of the said County Courts, the 6 th day of September 1849
Munson I Lockwood Clerk.
Peace

saier Kirby as an honest upright but poor man all his days Subscribed and Affirmed before me this thirteenth day of September in one thousand eight Hundred and forty nine
Latham Carpenter
Frederick G. Read Justice of the Peace
I hereby certify that I am personally acquainted with Latham Carpenter above named and have been so acquainted for fifteen years that he is a man of truth and integrity and a member of the Society of Friends and on whose affirmation full faith and credit may be placed to the law and within statement
Frederick G. Read Justice of the Peace

DR. JEAN BERTRAM RUHL
413 EAST 153RD STREET
NEW YORK
Pension Bureau, Washington, D.C.
Gentlemen:
At the suggestion of Mrs. Flora Knapp Dickinson, Regent of the Washington Height's Chapter of the Daughters of the American Revolution, New York City, I am writing for information.
My great (x4) grandfather, Stephen Kirby (Kerby) enlisted in the 2nd Westchester County Regiment. "New York Men in the Revolution" page 208 prints his name among the enlisted men in the Westchester County Militia, 2nd Regiment under Colonel Thomas Thomas. On page 547 of the same reference his period of service is recorded as Nov. 1- Dec. 10th 1781.
According to my records Stephen Kirby (Kerby) was born 1/2/ 1749 and died 10/3/1842. He married Mary _____?_____ on _____?_____ date. Mary _____ Kirby was born 14/11/1749 and died 3/10/1824. There were 3 children, Thomas, James Joseph, and Deborah. Thomas was born 24/12/1778 and died 3/5/1847. During the Revolution the family resided in Westchester County near the Connecticut boundary line at "Kirbyville" or "Kirbycorners" (near North Castle). Any corroborative and any additional information that you may send me would be greatly appreciated.
There was also a William Kirby , "one of Washington's officers ", about whom I am very anxious to secure any available information. Have you any data that might help me discover what relationship exists between Stephen and William Kirby?
Thanking you in advance for your assistance, I am Oct. 5th 1926.
Very truly yours,
(Miss) Jean B. Ruhl
Captain William Kirby's discharge from the Continental Army is said to be on record at Washington.
the Captain

DR. HENRY C. RUEL 418 EAST 163RD ST. NEW YORK
Pension Bureau Washington, D.C.
Gentlemen:
At the suggestion of Mrs. Flora Knapp Dickinson, Regent of the Washington Height's Chapter of the Daughters of the American Revolution, New York City, I am writing for information.
My great (X4) grandfather, Stephen Kirby (Kerby) enlisted in the 2nd Westchester County Regiment. "New York Men in the Revolution" page 208 prints his name among the enlisted men in the Westchester County Militia, 2nd regiment under Colonel Thomas Thomas. On page 547 of the same reference his period of service is recorded as Nov. 1- Dec. 10th 1781.
According to my records Stephen Kirby(Kerby) was born 1/2/1749 and died 18/3/1842. He married Mary _____ on _____ date 6 Mary _____ Kirby was born 14/11/1749 and died 3/10/1824. There were children, Thomas, Joseph and Deborah. Thomas was born 24/12/1778 and died 3/5/1847. During the Revolution the family resided in Westchester county near the Conn. border line at "Kirbyville" or "Kirby Corners" (near North Castle). Any corroborative and any additional information that you may send me would be greatly appreciated.
There was also a William Kirby, "one of Washington's officers about whom I am very anxious to secure any available information". Have you any data that might help me discover any relationship between Stephen and "William Kirby"?
Thanking you in advance for your assistance, I am
Very truly yours,
Dated Oct. 5th 1926
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