Revolutionary War Pension and Bounty Land Warrant Application File W. 15,962, for Nathaniel Tom, New York

SERVICE
NUMBER
New York
Tom, Nathaniel Elizabeth
N. 15,962
CONTENTS

4936, city of New York.
Elizabeth Tom, dec d widow of Nathaniel Tom who died on the 11 th June 1807 of in the State of N. York who was a Capt in the — commanded by Captain — of the Reg t commanded by Col Malcolm in the New York line for N.Y.
Inscribed on the Roll of Albany at the rate of 480 Dollars 00 Cents per annum, to commence on the 4 th day of March, 1831 & end 5 Nov r 1836 when she died.
Certificate of Pension issued the 14 th day of March 1850 and sent to Hon. Caleb B. Smith, Present
Arrears to the 4 th of Semi-annual allowance ending
Payable to Thomas Addis Emmett
adm r of { Revolutionary Claim, Elizabeth Tom, dec d { Act July 4, 1836, { Section the Recorded by Chase Clerk, Book: 2 Vol. 2 Page 359
Reported
Sec y War
May 19/57

State of New York County of New York
On this fourteenth day of June 1845 personally appeared before Francis P. Dyer an Associate Judge of the Court of Common Pleas for the City and County of New York
Thomas Addis Emmet resident of New York in the County of New York and State of New York aged forty six years who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the provision made by the Act of Congress passed July 4 th 1836. That he is the admin- istrator upon the Estate of Elizabeth Tom the widow of Nathaniel Tom, who was a Captain in the Continental Line of the State of New York, That on the 17 th of March 1777 he was commissioned as Captain in the Regiment commanded by Colonel Malcolm and served from then until March 1779. - This deponent verily believes, That the said Elizabeth Tom was married to the aforesaid Nathaniel Tom in the year Seventeen hundred and Seventy three, that the aforesaid Nathaniel Tom died in the year Seventeen hundred and Eighty three, leaving the said Elizabeth Tom his widow and one child by the name of Nathaniel Tom who afterwards died at the age of about Sixteen years, and also one son by the name of John Tom, of which last named person Anna R Emmet is the only child. That said John Tom died in the City of New York on the 77 th of June 1807 leaving a widow by the name of Jane Wilson and also an only child the said Anna R Emmet. That said Elizabeth Tom widow of Captain Nathaniel Tom aforesaid died on the 5 th day of November in the year Eighteen hundred and thirty six, and was never married after becoming the widow of said Captain Nathaniel Tom, - which facts will more fully appear by reference to the proof filed in the Pension office annexed to the Declaration of Anna R Emmet in an application by her to obtain the above pension as the only living descendant of said Elizabeth Tom.
Sworn to and subscribed in open Court this under my hand and seal this 14 th day of June 1845 before me D. P. Dyer Associate Judge
Thos Addis Emmet

STATE OF NEW-YORK, CITY AND COUNTY OF NEW-YORK, } ss.
I, ANDREW WARNER, CLERK of the Court of Common Pleas for the City and County of New-York, being a Court of Record, and the County Court, DO CERTIFY, That Daniel P. Ingraham before whom the annexed deposition is taken, was, at the time of taking the same, Associate Judge of the Court of Common Pleas in and for said City and County, duly commissioned and sworn, and authorized to take the same; and that I am well acquainted with the hand-writing of such Associate Judge and verily believe that the signature thereunto subscribed is genuine.
In Testimony Whereof, I have hereunto subscribed my name, and affixed the seal of the said Court, the 11 th day of June 184 5
Andrew Warner Clerk.

Ms
MS. 6386.
Elizabeth Town do Mow of Rachael Ms
act 4 July 1836
b. d. 11 June 1807 end w. d. 5 Nov. 1836 end
6 P May 179
admitted Captain pay $480 payable as per Com ce memorandum file herewith,

State of New York } County of New York } ss
On this twenty fourth day of December 1844 personally appeared before me Charles T. Daly Associate Judge of the Court of Common Pleas of the City & County of New York
Anna Nicker Emmerich resident of New York in the County of New York and State of New York aged 39 years, who being first duly sworn according to law doth on her oath make the following declarations, in order to obtain the benefit of the provision made by the act of Congress passed July 4 th 1836: That she is the Granddaughter of Elizabeth Tom the widow of Nathaniel Tom, who was according to her best knowledge and belief a Captain in the Continental line of State of New York - According to the best of her knowledge and belief he entered the Army of the United States as Captain in the Regiment of Colonel Aaron Burr in the Army commanded by General George Washington at about the Com- =mencement of the Revolutionary War, and served until near the end of the war, within a few months of the end of the war -
And this declarant to the best of her knowledge information and belief further declares, that her Grandmother the said Elizabeth Tom was married to the aforesaid Nathaniel Tom in the year Seventeen hun- =dred and Seventy three, that the aforesaid Nathan- iel Tom died about the year Seventeen hundred and eighty three, leaving the said Elizabeth Tom his widow and one Child by the name of Nathaniel Tom who afterwards died at the age of about sixteen years, and one son by the name of John Tom of which last named

person, this Declarant is the only child - That said John Tom, died in the City of New York on the 11 th of June 1807 - leaving a widow by the name of Jane M Tom, and also an only child, this Declarant. That said Elizabeth Tom widow of Captain Nathaniel Tom, aforesaid died on or about the fifth day of November in the year Eighteen hundred and thirty six in the City of New York, and was never married after becoming the widow of said Captain Nathaniel Tom - which will more fully appear by reference to the proof hereto annexed  Given before me in open Court this 24 day of Decr 1844.      Anna R. Emmet. Chas. T. Daly Associate Judge of N.Y. Comm. Pleas.
State of New York
City & County of New York, ss: I Andrew Warner Clerk of the Court of Common Pleas for the City & County of New York holden in said City do certify that Satisfactory evidence has been exhibited to said Court that Captain Nathaniel Tom of the Revolutionary Army died in the year Seventeen hundred and eighty three that his widow Elizabeth Tom died in the City of New York on the fifth day of November Eighteen hundred and thirty six, that said Nathaniel & Elizabeth left two children, one by the name of Nathaniel Tom who died in the year Seventeen hundred & ninety eight at the age of about sixteen years, and one by the name of John Tom who died in the City of New York on the 11 th of June 1807 leaving a widow by the name of Jane M Tom and that said John Tom also left one child only by the name of Anna R Tom  Emmet now the wife of Thomas Addis Emmet of the City of New York. That Elizabeth Tom the widow of Nathaniel Tom above mentioned was the identical widow of Captain Nathaniel Tom and that said Anna R Emmet who has subscribed the foregoing declaration is the identical & only Grand child of said Elizabeth Tom the widow aforesaid of Captain Nathaniel Tom  In witness whereof I have

hereto subscribed my name and affixed the Seal of the said Court this second day of January One thousand Eight hundred and forty five.
Andrew Warner, Clerk
The word Emmet being erased & Tom written over it. Andrew Warner, Clerk

State of New York } County of Queens } ss.
On this eighteenth day of December 1844 personally appeared before me the undersigned a Justice of the Peace for and within said County Elizabeth Shoemaker resident of Flushing in said County aged Seventy nine years and made solemn affirmation in due form of law that Nathaniel Tom who was a Captain in the Army of the Revolution was married in the year Seventeen hundred and Seventy three to Elizabeth Hicks at Flushing in the County and State above mentioned, by Parson _____ Bloomer the Minister of the Episcopal Church at that time. That her mother, that is the said Elizabeth Shoemaker's mother and herself said Elizabeth Shoemaker were invited and attended the homebringing (so called) that is, the party given to the relatives & friends of the married pair (that being according to the custom here) immediately after the marriage is performed. That she does not remember the exact month but distinctly remembers that it was in the warm weather of that year that they were married. That Parson Bloomer belonged to Jamaica and used to preach one Sabbath at Jamaica and one at Flushing, abovementioned, and so on alternately.
That the Peace took place in the year 1783, that Nathaniel Tom aforesaid died of a consumption in a few months after the Peace. That she positively knows that he was married to Elizabeth Hicks abovementioned before the commencement of the Revolutionary War, and at the time abovementioned, and in addition a circumstance impressed it as being in that year, that a sermon was preached about two weeks after in their apple orchard by a Methodist Minister. Elizabeth Shoemaker
On the day and year above written, personally appeared the above named Elizabeth Shoemaker and subscribed, and made solemn affirmation to the truth of the foregoing affidavit. And I hereby certify that said Elizabeth is a credible person.
Hugham W. Lawrence } Justice of the Peace } and Judge of Queens } Court.

State of New York County of Queens, ss.
On this eighteenth day of December 1844 personally appeared before me the undersigned a Justice of the Peace for and within said County George Burker being the present Rector of the Episcopal Church at Flushing in said County and made oath in due form of law that he has examined carefully the Records of the Episcopal Church at Flushing aforesaid and finds that Joshua Bloomer was the Rector of said Episcopal Church in the year Seventeen hundred and seventy three, that the Records of marriages by said Bloomer do not extend farther back than the year Seventeen hundred and eighty two — and Records of marriages by said Bloomer in years prior to that date are lost.
In the ancient Records of the Church I find Nathaniel Tom, recorded as one of its members in the year 1769. Sworn to & subscribed on the day & year abovementioned and I hereby Certify that said George Burker is a credible person
Before me St. Hugh M. Laurens Justice of the Peace, and Judge of Probate, Co. of Queens, N.Y.
STATE OF NEW-York, COUNTY OF QUEENS, ss.
I, ABRAHAM D. SNEDEKER, Clerk of the County of Queens and Clerk of the Court of Common Pleas in and for said County, DO HEREBY CERTIFY, that St. Hugh M. Laurens , whose name is subscribed to the annexed affidavit of George Burker, and the said affidavit and affirmation of Elizabeth Bloomer and thereon written was at the time of taking such affidavit and affirmation a Judge of the Court of Common Pleas, a Justice of the Peace in and for said County, dwelling in the said County, commissioned and sworn and duly authorised to take the same. And further that I am well acquainted with the hand-writing of such Justice, and verily believe the signature to the said affidavit and affirmation is genuine.
In testimony whereof, I have hereunto set my hand, and affixed the seal of the said Court, this 20th day of December, 1844.
A. D. Snedeker Clerk.

State of New York County of New York } ss
On this thirty first day of December in the year 1844 personally appeared before me the undersigned a Commissioner of Deeds
Jane M c Macneven aged 62 years (widow of Doctor William J s Macneven late of the City of New York) resident of New York in the County and State aforesaid and made oath in due form of law that Nathaniel Tom who was a Captain in the Army of the Revolution was married to Elizabeth Hicks according to her best belief in the year Seventeen hundred and Seventy three — on the — day of —
The fact on which this belief is founded is that the said Elizabeth, the wife and afterwards widow of Captain Tom aforesaid presented her with the shoes in which said Elizabeth Tom stood when the marriage ceremony was performed, and informed her the said Jane
M c Macneven of the time when said ceremony was performed, which she entered in writing on the bottom of those shoes  on a piece of paper and attached to those shoes , and now on examining those shoes she finds that date to be on the — day of — Seventeen hundred and Seventy three that the said couple were married.
Sworn to & Subscribed on the day & year abovementioned. Before Me
Jane M c Macneven
Justice of the Peace

Sworn to and subscribed on the day & year abovenwritten and I certify the deponent Jane Mc Steven to be a credible witness, and the words "on a piece of paper and attached to those shoes" were erased and the words "in writing on the bottom of those shoes," in the 20 th & 21 st lines were inserted before the execution of the foregoing Affidavit Before Me James B Greenman Commissioner of Deeds

STATE OF NEW-YORK, CITY AND COUNTY OF NEW-YORK, } ss.
copy of I, James Conner , CLERK of the City and County of New-York, and also Clerk of the Court of Common Pleas for said City and County, being a Court of record, DO HEREBY CERTIFY, That James B. Greenman before whom the annexed deposition was taken, was, at the time of taking the same, a commission of Deeds in and for said City and County, duly commissioned and sworn, and authorized by the laws of this State to take the same; and that I believe the Signature of said Commissioner thereunto subscribed is genuine.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed the Seal of the said Standard County, the 2 d day of January 1845
James Conner
Clerk.

State of New York County of Queens } ss.
On this eighteenth day of December 1844 personally appeared before me the undersigned a Justice of the Peace for and within said County Daniel Bloodgood resident of Flushing in said County aged twentyfour years and made solemn oath in due form of law that he lived in Flushing aforesaid in the year Seventeen hundred and seventy nine and that Nathaniel Tom and Elizabeth his wife were then known to him to be husband and wife living reputably and honorably as husband and wife: that John Tom, who was a legitimate son of the said Nathaniel and Elizabeth, - and the said Daniel were playmates in that year together, that they went to the same school, were of the same size, and the same age, the said Daniel being that time six years of age, and distinctly remembers the facts herein deposed. That the Nathaniel Tom abovementioned was Captain Tom of the Revolutionary Army. Sworn to & Subscribed by said Daniel Bloodgood on the day and year abovementioned, and I hereby Certify that the said Daniel Bloodgood is a credible person.
Daniel Bloodgood
Hingham W. Laurence Esq. of the Inner Bar Esq. of the County Court and Justice of the Peace
STATE OF NEW-YORK, COUNTY OF QUEENS, ss.
I, ABRAHAM D. SNEDEKER, Clerk of the County of Queens and Clerk of the Court of Common Pleas in and for said County, DO HEREBY CERTIFY, that Hingham W. Laurence whose name is subscribed to the annexed affidavit and thereon written was at the time of taking of such affidavit a Justice of the Peace in and for said County, dwelling in the said County, commissioned and sworn and duly authorised to take the same. And further that I am well acquainted with the hand-writing of such Justice, and verily believe the signature to the said affidavit is genuine.
In testimony whereof, I have hereunto set my hand, and affixed the seal of the said Court, this 20th day of December 1844.
A. D. Snedeker Clerk.

State of New York } County of New York } ss.
On the 13 th day of June, 1843 personally appeared before me James B. Greenman, a Commissioner of the City of New York. I am M Macneven aged 63 years, resident of New York in the County and State aforesaid widow of Doctor William J. Macneven late of the City of New York, County and State aforesaid, and made oath in due form of law, that she was formerly the widow of John Tom, son of Captain Nathaniel Tom of the Revolutionary army: which said John Tom died in the City of New York on the 11 th of June 1807, and that on the 15 th day of June 1810 she was married to Doctor William J. Macneven of the City of New York. —
That she was thus the daughter in law of Elizabeth Tom the widow of said Captain Nathaniel Tom. That the books and papers of said Captain Nathaniel Tom were inherited by Anna R Emmet, Grand daughter of said Nathaniel. That she was married to said John Tom on the 15 th day of January 1803: — and that she never saw, heard of, or knew of any bible which belonged to either said Nathaniel Tom or said Elizabeth Tom other than the one which has belonged ever since the decease of said
Elizabeth Tom to Anna R Emmet, and which has no record of the marriage, birth, or death of Nathaniel Tom and Elizabeth Tom, or either of their children in said bible, and that said bible was well preserved in perfect preservation. That she does not know of any family record which was ever made by, or belonged to said Nathaniel Tom or Elizabeth Tom. as to the documents of her  husband John Tom That in the year 1821 her husband's papers and books (meaning those of her first husband, John Tom) were destroyed being in a building which was consumed by fire.

That on the death of said Elizabeth Tom her books and papers came into the possession of Anna R Emapet aforesaid, ————— and that there is no family record of the marriage of said Nathaniel and Elizabeth Tom or the births or deaths of their children among said books and papers, and it is deponent's belief that if said Nathaniel Tom ever had a family record, that it must have been lost in the moving of his family from place to place since his marriage. That she is certain there is no such record in existence at the present day.
That in the year 1836 on the — day of — the said Elizabeth Tom presented her the said Jane M Macneven with the shoes in which said Elizabeth Tom stood when the marriage ceremony was performed which joined her in wedlock to Captain Nathaniel Tom above mentioned. That at the moment of said act of presentation the said Elizabeth Tom mentioned to her the deponent the year in which she was married, and that she was married while standing in those shoes, in the year 1773, (Seventeen Hun= dred & Seventy three.) That she the said Jane M Macneven immediately recorded on the bottom of said shoes in writing with pen and ink the date mentioned by the said Elizabeth Tom, of her being married. —————
That the said shoes are considered by her the said Jane M Macneven as of inestimable value as a family token of affection and remem= brance, although utterly useless for any other purpose, from their extraordinary form and their antiquated fashion. That those shoes now lay before her and the writing thereon is in the following words and figures, viz: "Mrs Tom's wedding shoes worn in 1773".

And the deponent also makes oath that the annexed leaf containing the date of the birth of her former husband John Tom (on June 5 th 1774) son of Captain Nathaniel Tom of the Revolution is the genuine Family Record of her said former husband John Tom, was cut out of a large Family Bible: that the handwriting thereon of the date of the birth of said John Tom, is her the deponents handwriting and was written in the year Eighteen Hundred and three immediately after her marriage to said John Tom, and has always up to this time remained in her possession. And that there is no entry of the marriage of Captain Nathaniel Tom and Elizabeth Tom in said Bible.
Jane M. Macneven
Sworn to and subscribed on the day and year above written, and I certify that the letter "W" between the words "She" and "was" in the 14 th line from the top of the first page was erased; — and the letters "za" were interlined in the word Elizabeth in the 18 th line from the top of the first page, — and the words "or to the deponents former husband John Tom" in the 3 rd and 4 th written lines from the bottom of the first page hereof were erased, — before the signing and execution of this affidavit; and I further certify that the said Jane M Macneven is a credible person, and a lady of the highest respectability.
Jamies W. Grunman
Comm r of D th s

Family Record.
BIRTHS. ISRAEL
John Tom, son of Nathaniel and Elizabeth Tom, was born June the 5 th 1774.
Jane Riker, daughter of Samuel and Anna Riker, was born April the 4 th 1782.
Thomas, Son of John & Jane Tom, was born on the 26 th of October 1803.
Anna Riker, Daughter of John and Jane Tom, was born on the 27 th of August 1805.
BIRTHS. EMNET
John Tom Emnet was born March 3 rd 1824 —
Anna Riker Emnet was born August 27 th 1826 —
Thomas Addis Emnet was born November 1 st 1828 —
Macneven Emnet was March the 16 th 1831 —
James Joseph Emnet was born June 7 th 1833 —

Family Record.
MARRIAGES.
John Tom was Married to Jane Riker on the 15 th of January 1803.
Thomas Addis Emmet was Married to Anna Riker Tom on the 1 th of April 1823
MARRIAGES.
of age in the and it

STATE OF NEW-YORK, CITY AND COUNTY OF NEW-YORK, } ss.
I, James Conner, CLERK of the City and County of New-York,
DO HEREBY CERTIFY,
That James B Greenman before whom the annexed deposition was taken, was, at the time of taking the same, a Commissioner of Deeds in and for said City and County, duly commissioned and sworn, and authorized by the laws of this State to take the same; and that I believe the Signature of said
Commissioner thereunto subscribed is genuine.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed the Seal of the said Count and County, the 17 day of June 184 0
James Conner
Ms. B. 2

State of New York } County of New York } ss.
On this twelfth day of June A.D. 1813 personally appeared before me Richard L. French a Commissioner of the State of New York Anna B. Emmet aged thirty nine years resident of New York in the County and State aforesaid daughter of John Tom late of New York deceased and granddaughter of Captain Nathaniel Tom of the Revolutionary army and Elizabeth Tom his wife: (said deponent being now the wife of Thomas Addis Emmet,) and made oath in due form of law that the Bible, of Elizabeth Tom above named her Grandmother came into her possession on the death of said Elizabeth Tom, and has been in her possession ever since that time. That there is no entry or record of the marriage, birth or death of said Nathaniel Tom or Elizabeth Tom or either of their children, in said Bible. That she knew the said Bible while it was in the said Elizabeth Tom's possession and for many or thereabout years before it came into her own possession and that it is perfect now of the leaves being out.
And she does not know of any other Bible or any family record of births, marriages, or deaths of the said Nathaniel and Elizabeth Tom; or their children which ever belonged to her said Grandmother Elizabeth Tom, or to said Elizabeth's husband Nathaniel Tom or made out by them or either of them. That on the death of said Elizabeth Tom her books and papers came into the possession of deponent. _____
and that there is no family record of the said Nathaniel and Elizabeth Tom's family or the births or deaths or marriages of their children or record of the marriage of the said Nathaniel and Elizabeth Tom among said books and papers: and this

deponent is of the belief that if Nathaniel or Elizabeth Tom kept a family record, that it must have been lost in the moving (his family from place to place since their marriage). That she is certain there is no such record in existence at the present day.
Given before me this twelfth,
day of June A.D. 1845 and also Anna R. Emmet.
Subscribed before me in Scarsdale
Richd. H. Emmet
Commissioner of Deeds
We also certify that the said Anna R. Emmet is well known to me as a person of Credibility and of the highest respectability, and that the word "thou" in the twenty second line was erased and the word "the" substituted, and that the words "the real out" was interlined in the twenty third line before the signing and execution of this affidavit.
Richd. H. Emmet Commissioner of Deeds

P. No. July 22/45
Hon J P Phoenix
Declaration of Ann and R. Emmet.
Ms. Lee July 27. '45 Prison Office
13
Hon J P Phoenix 172

Washington January 22 d 1845
Sir
I herewith enclose the Declaration and accompanying papers of Ann Reiter Emmet as Grand daughter of Elizabeth Torn being an application for pension - Under the 3 d Section of the Act of 4 th of July 1836 - viz the Declaration Certificate of Court of Common Pleas, of the death of Mr Torn &c. Affidavits of Elizabeth Shoemaker, of George Brucke, Rector, Jane M Macnirn & of Daniel Bloodgood. Mrs Emmet is Granddaughter of Capt e Torn (a Captain of Malcolm's Regiment of which Aaron Burr was Lieutenant Colonel, of the Continental line of the State of New York) who took the oath of Allegiance as Captain on May 23 d 1778 at Valley Forge camp before Genl Sterling, and it is believed served from thence to within about two months of the end of the war. The cause of the delay in making the application is that Mrs Torn lived but a few months after the passage of the law of 1836 and was too feeble during that time to assert her claim, and that the great fire in New York in 1835 having destroyed all the papers of Capt e Torn, the descendant has never been able to find evidence before. The evidence is now certainly complete and in due form.
Mrs Emmet is Wife of Thomas Addis Emmet of New York a respectable Counsellor at law there, and is eminently deserving of speedy action on her business, I therefore request that it may receive as speedy action as may be.
I am Sir
Very Respectfully Your O bt Servt
(M illy Thew)
No. of Rept. 22 Jan 45
Hon William Wilkins Secretary of War
Postscript

J. S.
Summary of the Evidence.
1 st The marriage is proved to have been in 1773 before the Commencement of the War and thus "before the expiration of the last period of his Service" (by Affidavit of George Burcker, Rector, that there is no record evidence of it) by the Affidavits of Elizabeth Shoemaker, Jane M Macneven and Daniel Bloodgood, all certified to be credible, and known to be highly respectable persons. 2 The Death of Capt Nathaniel Tom is proved by the Certificate of Court and by Affidavit of Elizabeth Shoemaker to have been in 1783, and the death of Elizabeth Tom his widow is established by the Certificate of Court to have occurred in the City of New York on the 5 th of November 1836. 3 That Capt Nathaniel Tom and Elizabeth his Wife had two Children Only , Nathaniel who died in 1798. and John who died 11 th of June 1807, - is established by the Certificate of Court. 4 That Anna Riker Emmet is the Only Child of John Tom (who was son of Elizabeth, the widow of Capt Nathaniel Tom) and only and identical Grandchild of Elizabeth, the widow of Capt Tom of the Revolutionary Army - is established by the Certificate of Court.

The People of the State of New-York.
To all to whom these Presents shall Come, or may Concern,
SEND GREETING:
Know Ye, That we having inspected the Records of our Surrogate's Court, in and for the County of New-York, do find, that on the Thirteenth day of June _____ in the year one thousand eight hundred and forty five by Charles M c Vear _____ Surrogate of said County, Letters of Administration of the goods, chattels and credits, which were of Elizabeth Sou _____ late of the City of New-York, _____ deceased, were granted and committed unto Thomas Addis Emmet of the city of New York _____
and that it does not appear by said Records, that said Letters have been revoked. and it was satisfactorily made to appear before me that Anna R the wife of said Thomas Addis Emmet is the daughter of John Sou a deceased son of said Elizabeth Sou deceased and that said Elizabeth was the widow of Captain Nathaniel Sou deceased and that said Anna R the wife of said Thomas Addis Emmet is the only next of kin of said Elizabeth Sou  IN TESTIMONY WHEREOF , we have caused the Seal of Office
of our said Surrogate to be hereunto affixed.
WITNESS, Charles M c Vear _____ Surrogate of our said County, at the City of New-York, the Fourteenth day of June _____ in the Year of our Lord one thousand eight hundred and forty five _____ and of our Independence the sixty ninth.
Charles M c Vear

This certifies that I am personally acquainted with Charles McLean and know that he is surrogate of the County of New York - and that the signature to the within certificate I believe to be genuine.
New York June 17 th 1845
M. G. Leonard

STATE OF NEW-YORK, CITY AND COUNTY OF NEW-YORK, } ss.
I, ANDREW WARNER, CLERK of the Court of Common Pleas for the City and County of New-York, being a Court of Record, and the County Court, DO CERTIFY, That Charles P. Daly Esq before whom the annexed deposition was taken, was, at the time of taking the same, Associate Judge of said Court in and for said City and County, duly commissioned and sworn, and authorized to take the same; and that I am well acquainted with the hand-writing of such Judge and verily believe that the signature thereunto subscribed is genuine.
In Testimony Whereof, I have hereunto subscribed my name, and affixed the seal of the said Court, the 29 day of January 1845
Andrew Warner , Clerk.

THE PEOPLE OF THE STATE OF NEW-YORK.
To all to whom these Presents shall Come, or may Concern,
SEND GREETING:
Know Ye, That we having inspected the Records of our Surrogate's Court, in and for the County of New-York, do find that on the twentieth day of June in the year one thousand eight hundred and fifty  forty five , by said Court, Letters of Administration of the goods, chattels, and credits, which were of Elizabeth Ina , late of the City of New-York, deceased, were granted and committed unto
Thomas Aldis Esquire of said City
and that it does not appear by said Records that said Letters have been revoked.
IN TESTIMONY WHEREOF, we have caused the Seal of Office of our said Surrogate to be hereunto affixed.
Witness, J. W. Bradford Surrogate of our said County, at the City of New-York, the twelfth day of March in the year of our Lord one thousand eight hundred and fifty
SURROGATE.

City and County of New York ss
Thomas Adams Emanuel of the City of New York being duly sworn doth depose and say that he is the same person mentioned in the within certificate. That this deponent is the sole and only Administrator of the Estate of the said Elizabeth Tonn and is such is the sole and only person now entitled to collect and receive monies due her Estate.
Sworn to before me this 12 th day of March 1850
Wm Riplen Comr of Deeds
Thos Adams Emanuel

New York 20 Sept. 1845-
Moses G. Leonard
Appeals from the decision of the Comm. of Pensions, in the case of Elizabeth Tom.
S 173
22? Sept 1845-
Pension Bureau

New York Sept 20/1845.
Sir
I make an appeal from the decision of the Commission of Pensions in the case of Elizabeth Low widow of Nathaniel Low. On the 3 rd February last the Government made a decision allowing this claim. It is not therefore competent for Government to say that a general decision has been made since the date of that letter against the claim, because that would be "ex post facto" action which is contrary to the letter & spirit of our Constitution. The decision allowing this claim is in the words following "any account that may be found as having been due Mrs Low will be made payable " as shown by the accompanying original letter. The claim is also officially admitted to be ad in that document, which states "The rolls of New York service in this office show that he was appointed Captain in Malcom's Regiment in March 1777 and from a detached pay roll of Colonel Burns he was in service in (April) 1778 but how much longer does not appear." The United States altho' admitting the claim desired us to be at the expense of presenting it in another form and now having gone through that expense we claim that it has no right or authority to machinery by saying in reference to this admitted  then already claimed that a decision has been made since !!! Such admission, and therefore we cannot consent that such subsequent general decision shall deprive us of this just claim.
But aside from the fact, that even if the general decision was not erroneous, that decision does not include this case, its having been admitted before such decision, the decision that grandchildren shall not receive pension money due as a vested right, is wholly erroneous and contrary not only to the spirit but to the letter of the Law, as the Law of March 3 rd 1829 states "The Secretary of War shall cause to be paid" said if no child or children

"then to the legal Representatives of the deceased." Thus a Revolutionary Pension , a pension vastly more than any other pension "a personal gratuity to a designated class of individuals," being an indemnity for personal services, and to enable the person to support himself while bearing such wounds, not only to some in a relation as parent and child but the insuperable  Order of Law , is, that it be paid even to the legal Representatives no matter however great may be the distance of relationship of such legal Representatives . To be sure the words of the act state "any Revolutionary pensioner " but it is the fact of their being included by the law that makes them pensioners and not the mere accident of being placed on the pension Books that makes them so, as shown by the opinion of the Attorney Genl. of April 5th 1835 quoted below. The Act of June 19th 1840 does not apply to any case where there are no children as at the time of its passage the Act of March 2nd 1829 was already in existence, already providing for cases where there were no children . The simple and only object of that act was, first, to provide that a Pension might be paid to an Executor or administrator, who would be a convenient recipient in some instances where children were scattered; and the third section was to provide for that one of the children might be the recipient where they were scattered and thus save the expense and difficulty of an administration on the estate. It certainly is the law that makes a Revolutionary Pensioner where the persons are living who are included within its provisions whether the names of such persons are mentioned in such Law or not which is proved in the case of a person applying for the benefit of the Law which included him or her and who dies before his or her name is entered on the Pension list — the certificate in such case is issued to the Representatives and therefore the term " Revolutionary pensioner " in the act of 2nd Mar 1829 certainly is intended as thus acted on and understood by the Govt. to include those who are made Revolutionary Pensioners by the Pension Law .
In addition to these strong facts, the omnipotent requisition of Law of the Act of 2nd March 1829, is

that "the Secretary of War shall cause to be paid" and if no child or children then to the legal Representatives of the deceased." The opinion of the Atty Genl of Feb 28/34 is as follows: "2 d in case of the death of the pensioner leaving neither widow nor child is his "legal Representative entitled to the amount due?" 3 d the third "question must be answered in the affirmative ." There cannot be any difference of principle between receiving a part or the whole as if the pension is not considered as due to the person then not a cost ought to be paid, and if due, either himself or legal Representatives are entitled to it as a vested right . The opinion of the Atty Genl of Apr 15 1837 is, "According to several opinions heretofore given in this Office "especially in Navy pension cases the right of the widow under the Act "is to be regarded as a vested interest accruing on the passage "of the Law and not defeated by her omission to apply for it and "it goes as such on her death to her personal Representative there "being no special provision of law giving it a different direction: but "there is a special provision of a Law still in existence and in full "force of Mar 2 nd 1829 requiring that it go to the Legal Representative Also the opinion of the Atty Genl of Jan 17 th 1837 is, - "the right to the pension a vested right , and being such of course vests in the legal Representatives ."
The opinion of the Atty Genl of Apr 5/ 36 is "I understand say the opinion that even when the widow has intermarried before she has made any application or has died "before making application the uniform practice of the Depart- "ment has been not to consider the application too late for all "that was due at the time of her intermarrying or death the "Department having heretofore considered that as having been "done which ought to have been done and he expresses "his approbation of the practice as conformable to the spirit and " design of the Law ." Thus it has been decided that a pensioner thus dying is in the same attitude as though he had received

a part of the pension and there was a balance due, and if in the same attitude then the provision of Sec of Mar 3/29 which says that it "shall be payable" if no child or children then to the legal representatives of the deceased, requires that the whole pension be paid to the legal Representative of the person included by the Law. If the Govt will not allow any more we ask that the very small amount due for the duration of service found on the Govt Rolls and admitted in Comm ee of Pensions letter above quoted being a Government admission and decision of that amount due before the last decision July 14/45 allowed, even of the total amount which is (since the first decision) proved by the State Records of New York, is not; the claim being thus quadruply sanctioned by positive Law , numerous Atty Genl's decisions ; perpetual usage and Special decision .
I am Sir Very Resp ly Yr J. P. Abbott Secy Moses G. Leonard No 10.
Wadsworth Aug 25 Sept 1845
To Honble Wm L Marcy Secy of War
10

I have a cut: to Thos Addis Emmett, adm. of Eliz 5 Tom I send to Hon Caleb the B Smith Present under Tenney's decision

Elizabeth Tom died
14
Let to Mrs. J. P. Phoenix 3 Feb 1845. " to Hon. M. G. Leonard July 14. '45 do. to Sec. War Sept. 22. 1845 - end of war Fulton M. G. Leonard 25 Sep. '45 -
Act 4 July 1836

✓ J. L. Edwards Com. of Pensions Washington D.C. October 9. 1849,
Enclosing add d paper, Elizabeth Toms.

Pension Office, October 9 th 1849.
Sir, I have the honor to enclose herewith an affidavit of Thomas Addis Esmit, of New York, in the case of Elizabeth Toms Widow of Nathaniel Toms, now before the Department of the Interior upon an appeal.
This paper should have accompanied my report of the 24 th August last, in this case, but it was unintentionally omitted.
I have the honor to be Very Respectfully Your Obed t Serv t . J L Colward
Wm. Tho s Ewing Secretary of the Interior

The application of the Adm. of Mrs. Town is based on the 3 rd section of the Act of 4 th July 1836. See Little & Brown's Statutes at large Vol. 5 Page 128.
Mrs. Town died in Nov. 1836 and upon her death, her Adm. was entitled to draw the amount of Pension to which she would have been entitled, from 4 th March 1831 to the time of her death, for the benefit of her granddaughter who was her only heir.
The right having vested in the Adm. upon her death, it still, exists as there has since been no Act of Congress divesting it
The Act of 19 June 1840 cannot effect this claim, because that Act is confined to the claim of widows "who shall die" after the passage of the Act
This claim does not conflict with any decision heretofore made on this point, either by the Secy of War or the Atty. Gen.
8 th Oct 1849
Walter Branth

New York, July 9. 45
M. G. Leonard.
Asks answer to his letter Eug. pension claim of Eliz Doms.
L119. See July 11. 45, Pension Office
Eliz Doms,

Hon Mr. L. Maury. Secretary of War. etc. Sir
Some days since I had occasion to address you in re- -lation to an application by Mrs. Elizabeth Turns, for a pension, at which time I enclosed certain papers substantiating her right to such claim. Not having heard from the department since I presume the letters has been mislaid and probably forgotten. For her sake and to save me annoyance from continued calls, may I not expect an answer as soon as it may be con- -venient for the department to give attention to the application.
I am Very truly Yours Obed. Servt. Moses. G. Leveque
New York July 9 th 1845.

New York, June 7/45 Hon. M c Leonard Enc. declaration of Dr. A. Emmet, Adm r . to ob- -tain pension due Mrs. Elizabeth Tom.
L 104, Sec. due 19/ Prison Office 15
12

New York June 17 th 1845
Sir,
I herewith transmit the declaration of Thomas Addis Emmet Esq. of this city, and the following evidence (in addition to the application in January last) in relation to the pension due Mrs. Elizabeth Tame, the Hon. Mr. Phoenix who then applied, being absent. Certificate of Court of Mr. Emmet being Administrator. Affidavit of Charles T. Lowere, Town Clerk of Flushing. Affidavit of George Brucker Rector of Episcopal Church at Flushing.
Affidavit of Anna R. Emmet.
Affidavit of Jane M. Macneven with Family Record annexed.
Certificate of Archibald Campbell (Dep. Secy of State of New York, and of Dep y Compt r ).
It is shown by the above evidence (in conformity with the letter from the Pension Office of your Department, of the 3 rd of Feb y last) by the affidavits of the Town Clerk of Flushing, - of the Rector of the Episcopal Church of Flushing, and by the affidavits of Anna R. Emmet and Jane M. Macneven (ladies certified to be of the highest respectability) that no entry in the Town, Church, or Family Record, of the marriage of Mrs. Tame exists.
But it is shown by the Family Record of John Tame, proved to have been made forty two years ago

attached to Mr. Macneven's Affidavit, that John Tom, son of Nathaniel and Elizabeth Tom was born on June 5 th 1774.
The evidence filed with the letter of January last — that of Elizabeth Shoemaker, shows, that she was invited and attended the celebration of the marriage called the "home-bringing" of the bride and bridegroom immediately after they were joined in wedlock, and affirms that "she positively knows that they were married before the commencement of the Revolutionary War" — and states circumstances which impressed the time of the occurrence of the marriage on her mind.
The Affidavit of Daniel Bloodgood, filed with the letter of January last proves, that "in the year 1779 Nathaniel Tom and Elizabeth his wife were then known to him to be husband and wife, living reputably and honorably as husband and wife; that John Tom who was a legitimate son of the said Nathaniel and Elizabeth — and the said Daniel were playmates in that year together, that they went to the same school, were of the same size and of the same age," &c.
The Evidence, Record, and parcel, thus conclusively establishing the fact of her marriage prior to his service — and his service from the 17 th March 1777 to March 1779 — she was clearly entitled to the benefit of the provision, made by the Act of 1836.
As the matter has been a long time pending, I particularly request that it may receive as speedy action as may be.
I am, Sir
Hon ble William L. Marcy Secretary of War.
Very Respectfully, Your obed t servant, Moses G. Leonard

✓ Sept. 29/49 Caleb B Smith Augt 28 th 1849
Request copies of our Fair letter in the case of Mr. & Elizabeth Tom.
Mr. Allison - let these copies be immediately furnished
✓ Permittee of P. S. ... will second comply with the within request -
Dept. of the Interior } August 28/49 }

Washington 28 Aug. 1879
L. C. Goddard Esq. Chief Clerk Department Interior Sir
On examining the papers sent up by the Commissioner of Pensions, in relation to the claim of Mrs. Elizabeth Yam, I find that he has omitted to send copies of some letters written by him relative to this claim which I think important to its proper examination.
I shall be obliged to you if you will make a requisition upon the Comm. for copies of all the letters which have been sent from his office in relation to the case.
Yours Resp. Nathl. Smith

Hon. Caleb B. Smith 21 Augt. 1849
Appeals from decision of Comm. of Pensions in the case of the widow of Capt. Nathan Forme of the Revolution
Comm. of Pensions for Papers & papers. Dept. of the Interior Augt. 21/49

Washington 21 Aug. 1849
Sir
I respectfully request an appeal to you from the decision of the Comm. of Pensions, lately made, adverse to the claim of Mrs. Fanny J. New York, widow of Capt. Nathaniel Fanny of the Revolution
Very Resp. Your obt. Servt. Caleb B. Smith
Hon. Thos. Evans Secy of the Interior Washington

State of New York County of Queens } ss.
I Charles P Louvre, depose and say, that I hold the office of "Town Clerk" of the Town of Flushing, in the County, and State aforesaid, and that I have made a thorough search in the Records of said Town, and that there is no entry in them Records of the marriage of Nathaniel Tom, to Elizabeth Hicks, and there is no entry in said Records of the birth of Nathaniel Tom or John Tom, their children — that there is no entry in relation to the children of the said Nathaniel and Elizabeth —
Subscribed & sworn the 1 st March 1845 before me
William W. Lawrence One of the Judges of Queens County Court
Chas. P. Louvre Town, Clerk
State of New York
County of Queens } ss.
On this third day of March 1845 personally appeared before me George Bunker, Rector of the Episcopal Church of the Town of Flushing, and made oath, in due form of law, that he had examined thoroughly, and with care the Records of said Church, and that there is no entry therein, of the birth of Nathaniel Tom, or John Tom, the children of Nathaniel Tom, and Elizabeth Tom aforesaid — that there is no entry in relation to the children of the said Nathaniel & Elizabeth Tom. —
George Bunker
Subscribed & sworn before me on the day and year above written. — And I hereby certify, that the above named George Bunker is a Clergyman, as stated in this affidavit and a credible person.
William W. Lawrence One of the Judges of Queens County Court

STATE OF NEW-YORK, COUNTY OF QUEENS, ss.
I, ABRAHAM D. SNEDEKER, Clerk of the County of Queens and Clerk of the Court of Common Pleas in and for said County, DO HEREBY CERTIFY, that Effingham W Lawrence whose name is subscribed to the annexed depositions and thereon written was at the time of taking of such depositions a Judge of the Justice of the Peace  Court in and for said County, dwelling in the said County, commissioned and sworn and duly authorised to take the same. And further that I am well acquainted with the hand-writing of such Judge and verily believe the signature to the said deposition is genuine.
In testimony whereof, I have hereunto set my hand, and affixed the seal of the said Court, this 6 th day of March 184 5
A D Snedeker Clerk.

J. Phillips Phoenix Esq. M.C. Washington D.C.
2 9 1/2

State of New York Secretary's Office
I certify that it appears by the Military Register in this office that on the 17 th of March 1777 Nathaniel Tomm was Commissioned as a Captain in Colonel Malcom's Regiment in the Line of this State and was Mustered to March 1779.
Rich d Campbell Dep. Sec. of State
Albany February 1845.
Campbell's Office Albany February 22 d 1845
Sir
After a careful examination of the books documents and papers remaining in this office in relation to the Revolu- tionary the name of Nathan Tomm is not found among such papers &c. Now you have all the evidence remain- ing in the Secretary's Office relating to the said Tomm.
Philip Rootes Esq all of Albany
I am very respectfully Yr. Obed t Servant Philip Rootes Esq Camp

Lt. Col. G. M. Bibb Dec. 2nd 1847. let 24 aug 49 15 No. 8 wing
Act 4 th July 1836,

Rev
WIDOW, &c.
File No.
15-962
Elizabeth Tom
widow of
Nathaniel Tom
Capt Rev War
Act
July 4 th 86
Index: Vol.
M
Page
279
[Arrangement of 1870.]

City of New York } State of New York } ss
On this 28 th day of May.
1849 personally appeared before me the subscriber a Judge of the Superior Court of said City. Thomas Addis Emmet who being by me duly sworn deposes & says that he married the Grand Daughter of Mrs. Elizabeth Tonn, that he is the administrator of said Mrs. Tonn's Estate. That application has been made for the pension due the said Mrs. Tonn on account of the Revolutionary services of her husband Capt. Nathaniel Tonn, deceased. and this declaration is made for said petition according to the several "acts & Resolutions of Congress," in such cases as made & provided. Reference being had to the papers on file in the Pension Office, at Washington City.
This deponent as administrator aforesaid, asks that the pension due as aforesaid, may be awarded to him as the administrator upon said estate.
Sworn to before } Thos Addis Emmet; me Thos P. Oakley } J. of the P.C. } in the city of N.Y.
I hereby certify that Thos P Oakley whose signature is affixed to the foregoing instrument of writing is Judge of the Superior Court & as aforesaid. In testimony whereof I have hereunto affixed my signature & the seal of said Court, this 28 th day of May A. D. 1849.
D R Floyd Jones Clerk

STATE OF NEW-YORK, CITY AND COUNTY OF NEW-YORK, } ss.
I, James Conner , CLERK of the City and County of New-York,
DO HEREBY CERTIFY,
That Richard S. Emmet before whom the annexed deposition was taken, was, at the time of taking the same, a commission of Deeds in and for said City and County, duly commissioned and sworn, and authorized by the laws of this State to take the same; and that I believe the Signature of said commissioner thereunto subscribed is genuine.
TESTIMONY WHEREOF, I have hereunto set my hand, and affixed the Seal of the said Court and County, the 14 day of June 184 5
James Conner
Clerk.

5 March 1880
Seculary Ewing in Elizabeth Thom's case

Copys.
Department of the Interior March 3 rd 1850.
Sir;
I herewith return the papers in the case of Mrs Elizabeth Thoms, widow of Nathaniel Thoms, deceased, and I am of the opinion that, the Act of June 19 th 1840 in its terms applies to "Pensioners" which mean persons receiving pensions, not those who can make out a case entitling them to receive pensions, but who have not done it. They are not "Pensioners" though they may become so. This Act regards the actual pensioned only, and provides for the payment of so much of his pension as may have accrued and remain unpaid at the time of his death.
It applies, also, in its many terms, not to those who have died prior to its passage, but to the future, those that "shall die", such is the language, and such the clear intent of the Act. It does not apply to a case like that of Elizabeth Thoms, who was never in her life a "Pensioner", and who died prior to the passage of the Act. This case must be governed by the law as it stood prior to the 19 th June 1840.

If there be no provision of Law, directing to whom the pension shall be paid, in case of the death of the person entitled, it must by the common law, go to his or her personal representatives.
I am, Very Respectfully
Your W th Servant.
(Signed) F. Ewing
Secretary.
J. S. Edwards, Esq r . Commissioner of Pensions.