Revolutionary War Pension and Bounty Land Warrant Application File W. 21569, for John Lefavour, Massachusetts

SERVICE
NUMBER _____
Mass
Lefavour, John Abigail
N o 21569
CONTENTS

859 Massachusetts Abigail Leavon widow of John Leavon
who died on the 18 th November 1834 of Essex Co, in the State of Massachusetts who was a Private in the Company commanded by Captain Dodge of the reg t commanded by Col Muggleton in the Mass ts line for 12 1/2 months.
Inscribed on the Roll of Massachusetts at the rate of 50 Dollars 83 Cents per annum. to commence on the 18 th Nov r 1834 to commence on the 1 st day of March 1834
Certificate of Pension issued the 16 th day of May 1837 and sent to Benj. Merrill Esq r Salem
Arrears to the 4 th of 1 Semi-ant. allowance ending Sept 6 th 37 25. 41
$25. 41
{ Revolutionary Claim, Act July 4, 1836, Section the 3 rd }
Recorded by Wm Allison Clerk, Book Vol. 1 Page 58

11294 Massachusetts
John Lefavour
of Ipswich in the State of Mass who was a Pte. in the Company commanded by Captain _____ of the Rifles commanded by Col. Johnson in the Massachusetts line for 7 months 5 days
5 " 15 day Sergeant
May Court
Inscribed on the Roll of Massachusetts at the rate of 50 Dollars 83 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 10 th day of April 1833 and sent to John John Lefavour
Arrears to the 4th of March 1833 $107.66 Semi-ant. allowance ending 11 Sept. " 25.41
$127.07
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. W. Madison Clerk, Book E Vol. 2a Page 49

In case
John Lefavour
Map
Sept 5 Month & 15 days
Print 7 12 15
1/4 interrogatory not complied with
Nov 28, 1832
P107
John Prince Esq Salem Map

BRIEF in the case of  John Lepavon  of  Tennessee  in the State of  Miss  (Act 7th June, 1832.)
1. Was the declaration made before a Court or a Judge? Judge 2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? yes 3. How old is he? 84 4. State his service, as directed in the form annexed.
   Period. Duration of Service. Rank. Names of General and Field Officers   Years, Months, Days. Gen.     In 1761 July — 5 15 Sergt Col Wagglesworth   1777 June — 7 — Private 1. Johnson  
5. In what battles was he engaged? Bennington 6. Where did he reside when he entered the service? not stated 7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? one living witness. 8. Are the papers defective as to form or authentication? and if so, in what respect? not enough to be credible
X  Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
R. L. D. D. D.
Examining Clerk.

1292
Mrs. Abigail Sefavon
married 4 June 1775 died 18 Nov. 1834
admitted
$50.83 100
Please reply to
Brig. Merrill
Salem

Declaration
in order to obtain the benefit of the third Section of the Act of Congress of the 4th July 1836 :
State of Massachusetts Essex County ss :
On this fifteenth day of February 1837 personally appeared Abigail Lefavour , a resident of Topsfield in the County of Essex in the State of Massachusetts aged 84 years, before the Honorable David Cummins a Judge of the Court of Common Pleas, and she being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the provision made by the Act of Congress passed July 4. 1836,
That she is the Widow of John Lefavour who was a Private & Sergeant in Capt Dodge's Company & Capt Rogers' Company in Col. Wigglesworth's Regiment & Col Johnson's Regiment of Massachusetts Militia during the Revolutionary War, & who was placed on the Pension list on 10 th April 1833 at $50.83 per annum as will appear from the Documents in his case on file in the Pension Office :
She further declares that she was married to the said John Lefavour on the fourth day of June in the year seventeen hundred and seventy three and that her husband the aforesaid John Lefavour died on the Eighteenth day of November 1834 and that she has remained a widow ever since that period as will more fully appear by reference to the proof hereto annexed.
Abigail X Lefavour mark
Sworn to and subscribed on this day and year abovenwritten the Applicant being unable to appear in Court by reason of bodily infirmity before me
David Cummins J. C. C. Pleas

State of Massachusetts, Essex County ss: February, 15 th 1837 I certify that Hon David Cummings is a Judge of the Court of Common Pleas in & for said County and that his Signature on the preceding page is genuine; and that Nathaniel Lord Jr is a Justice of the Peace in and for said County and that his Signature on the annexed affidavit is genuine.
Attest John Prince Clk.

I, Daniel Fitz, of Ipswich in Massachusetts, on oath testify That I am Minister of a Parish in Ipswich and have the custody of the Records of Marriages kept by my predecessor the Rev. Dr Joseph Dana dec d , and it appears from the same Records that John Lefavour of Ipswich and Abigail Lakeman of Ipswich were lawfully joined in marriage by the Rev Joseph Dana on the fourth day of June in the year of our Lord one thousand seven hundred and seventy three. Daniel Fitz.
State of Massachusetts Essex County ss: Febry 7 th 1837 Then the abovenamed Rev. Daniel Fitz, a credible witness, made oath that the above Affidavit by him subscribed before me is true. Keith Lord Jr. Justices Peace

— Refavour Sergeant
Please address reply to Phys. Merrill Salem Mass TTS

Declaration in order to obtain the benefit of the Act of Congress, passed June 7, 1832.
STATE OF MASSACHUSETTS: COUNTY OF ESSEX, ss.
On this fourteenth day of September A. D. 1832, personally appeared the Hon. David Cummins  open court, before the Honorable Daniel Appleton Waite  Common Pleas Judge of the Court of Probate for the County of Essex aforesaid, now sitting , John Sefavour , a resident of Topsfield , in the County of Essex and State of Massachusetts, aged 84 years, who being first duly sworn according to law doth, on his oath, make the following Declaration in order to obtain the benefit of the Act of Congress passed June 7, 1832:
That he entered the service of the United States, under the following named officers, and served as herein stated:
That on 1 st July 1776 he enlisted in Capt Wm Rogers' Company in Col. Edw d Wiggin's Regiment of Massachusetts Militia and was appointed a Sergeant and served five months and a half therein, and about middle of Dec r 1776 he was honorably discharged at Albany:
That in June 1777 he again enlisted as a private in Capt. Rob t Dodge's Company in Col Sam l Johnson's Regiment of Massachusetts Militia - marched to Bennington, arrived there the night of Stark's fight, then to Stillwater - was engaged in the action on 7 th Oct r 1777 - marched down to Albany - thence to New York and was honorably discharged in that State on 1 st Dec r 1777:
He never had any written discharge or record of birth: he enlisted at Topsfield both times as volunteer: he was born at Topsfield in April 1748 and always lived there and enlisted there and volunteered under the above named officers. He is known to Hon. N ch Cleveland & Rev. Mr. McEwen, who can testify to his character.
He proved the above service on 17 th April 1818 before Hon Judge Putnam a Judge of the Supreme Judicial Court of Massachusetts, but was not placed on the Pension list because he had not served nine months under one enlistment in the Continental service:
He is unable by reason of the decrepitude of age and infirmities to appear in open court: and from the consequent loss of memory cannot

cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than five and a half months as a Sergeant in 1776, and seven months in 1777 as a private soldier
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.
John L. Burrows
Sworn to and subscribed the day and year aforesaid
David Cummins JUDGE OF PROBATE. We, James F. McEwen a clergyman, residing in Sayville aforesaid, and Samuel Cleveland Esquire, a magistrate, residing in Lyons aforesaid, do hereby certify that we are well acquainted with John L. Burrows who has subscribed and sworn to the above declaration; that we believe him to be 84 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.
James F. McEwen S. Cleveland
Subscribed and sworn to before
Jacob Towne Jr. Justice of the Peace.

Commonwealth of Massachusetts.
Be it remembered, That John Lefavour of Topsfield in the County of Essex in the Commonwealth aforesaid, doth make upon oath the following DECLARATION, to wit,
That on the first day of July A.D. 1776 he enlisted as a Sergeant in Capt. Wm Rogers' Company of foot in Col. Wigglesworth's Regiment in the Massachusetts line, and immediately marched to Ticon- deroga - served five months and a half and about the middle of December 1776 he was honorably discharged at Albany: -
That in June 1777 he again enlisted as a private in Capt. Robert Dodge's Company of foot in Col. Saml. Johnson's Reg- iment in the Massachusetts line - marched to Bennington, and arriv- ed the night of Stark's' Fight - Thence marched to Stillwater - fought in the Battle of Bemis' Heights on 7 th Oct r before Burgoyne "gave up" - afterward came down to Albany with his Army - there marched down near New York and encamp- ed at a place called, as he thinks, Carsdale - afterward made an attempt on Fort Independence but failed - and on the first of Dec r 1777 was honorably discharg- ed at Carsdale: he never had any written dis- charge: and his fellow soldiers are dead or live in remote places, so that it is difficult to obtain other proof
He is seventy years of age
That the Declarant is infirm; that from his reduced circumstances in life he is now in need of assistance from his country for support; and that he hereby relinquishes his claim to every pension heretofore allowed him by the laws of the United States.
John Lefavour

AFFIDAVIT.
I John Goodhue of Salem in the County and Commonwealth aforesaid, Trader do on oath depose and testify,
That I have been well acquainted with the within named John Lefavour for nearly Twenty years and have understood and believe that said Lefavour was born and always resided in Topsfield: he has invariably sus- tained the character of a man of integrity and truth, and I have no doubt that all he has within declared is true. He is poor and infirm John Goodhue
I, Isaac Perkins, now of Salem, on oath say that I was born in Topsfield and have known said Lefavour more than fifty years - and I know he was in the Service at Saratoga and Albany in 1777 - we were in the same Regiment together: and I have no doubt he served the whole of the time he has declared.
Isaac Perkins>Isaac Perkins
Essex ss: Dec r . 5 th 1832 I certify that I was well acquainted with Isaac Perkins who subscribed the above and is now deceased and am well acquainted with the said John Goodhue and know they are or then were credible and disinterested witnesses
Br y . Merrill Just. Peace

Commonwealth of Massachusetts
Essex ss: On this seventeenth day of April A.D. 1818 personally came before me Samuel Putnam a Justice of the Supreme Judicial Court of said State the said John Lefavour, and John Goodhue and the said Isaac Perkins and severally subscribed and made solemn oath to the aforesaid Declaration and Affidavit by them respectively made: And it appearing to my satisfaction that the said John Lefavour served in the Revolutionary War in the manner he has afore declared against the Common Enemy, I hereby certify the testimony in the case and the proceedings had thereon to the Secretary of the Department of War. Given under my hand and the seal of said Court this seventeenth day of April A.D. 1818
S. Putnam Just. } S. J. Court of Mass. }
I Ichabod Tucker Clerk of all the Judicial Courts of said Commonwealth in and for said County do hereby certify that the seal herunto affixed is the Seal of said Court and that the above signature is the proper hand of said Judge, and that he is a Justice of said Court.
Atty. Ichabod Tucker, Clerk

And the said Court hereby declares its 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 James T. McEwen who has signed the preceding Certificate, is a Clergyman resident in Topsfield and that the said Nathaniel Loveland who has also signed the same is a Magistrate resident at Topsfield and is a credible person and that their statement is entitled to credit: and the Court further certifies that said John Lefavore is unable by reason of the decrepitude of age and infirmities to appear in open court,
David Cummings Judge of the Court of Common Pleas
I John Prince Junior Clerk of all the several courts NATHANIEL LOVELAND Junior, Register of the Court of Probate for the County of Essex aforesaid, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John Lefavore for a pension, and that Jacob Towne Junior is a Justice of the Peace duly qualified to administer oaths and that David Cummings is a Judge as abovenamed, and their respective signatures hereon are genuine.
IN TESTIMONY WHEREOF I have hereunto set my hand and seal of office this fourteenth day of September A. D. 1832.
John Prince, Clk

I John Prince Clerk of all the Judicial courts in and for the county of Essex do certify that Benjamin Merrill who has certified as to the credibility and disinterestedness of Isaac Perkins & John Woodhull is a Justice of the Peace duly qualified and his signature at the bottom of said Affidavits is genuine.
Attest.
John Prince Clerk

John Lefavour also act 7 June 1832 to what time paid &c.
Pen: offin.
May 16. 37
Due 18 Nos 1834 paid to that time

Ray WIDOW, &c.  (Am)
File No. 21569
Abigail Leffers widow of John Leffers Sergt Genl War
Act: July 4 th 36 36
Index:—Vol. 4 , Page 30
[Arrangement of 1870.]

John Lefavre - Map.
Brig Merrill John Prince Jr Esq Salem Map

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of John Lefavour  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? no
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 than the one under the Act of June 7, 1832? Yes
VIII. Has the Court given their opinion? Yes
IX. Has the Clerk given his certificate? Yes
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? [Signature]
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? [Signature]
H 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 one of the witnesses
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
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."
# See next page

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.