Revolutionary War Pension and Bounty Land Warrant Application File S. 2690, for Joseph Kester, Virginia

SERVICE
NUMBER _____
Va.
Koester, Joseph
S. 2690
carded
CONTENTS

1833 Virginia
Joseph Foster
of Harrison in the State of Virginia who was a private in the com d by Captain Biddle of the reg t com d by Col. Valls in the Virginia line for
Retired from service
Inscribed on the Roll of Virginia the rate of 22 Dollars 22 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 21 day of July 1835 and last N o 4944 by Col. R. Hays
Arrears to the 4th of Sept r 36 2.21 Semi-ant. allowance ending March 31; 11.11 $13.32
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by S. Boyd Clerk, Book E Vol. 1 Page 21
See letter to N. Goff, Oct. 23, 1835
See letter to N. Goff and Pen. Agt Nov. 6: 1835.
See letter to Hon. J. Johnson P. Cyt. Dec. 13. 1836 —
cir to Pen Agt 7. March 1838. —
To Ohio from 4. Sept 1836 23. March 1838. Notification sent to T. M. Parrelle Dela- ware Ohio
Paid at the Treasury under the act of the 6 April 1838 from 4 Sept 1836 to 4 Sept 1837. Agt notified 14 July 1838.
Dea
Paid as above from 4 March 22 5 1839 to 2 July 1839. Agt 11 Modified 28 Feb 1842
24 20 21

State of Virginia } Harrison County } On this the 18 th day of May 1835 personally appeared, in open Court, before the justices of the County Court of Harrison County, Now sitting, Joseph Nestor, a resident of Lewis County, aged eighty two years & upwards, who being first duly sworn according to Law, doth on his oath make the following declaration, in order to obtain the benefits of the act of Congress passed the 7 th of June 1832, That he entered the service of the United States under the following named officers, and served as herein stated, Viz - That he was, born  born in Pennsylvania and moved to Virginia, when nine years old, and settled at Brooks Gap, That during the Revo- -lutionary War, (Can't recollect the year,) but before Lord Cornwallis' defeat, he went into service as a substitute for Conrad Nestor and served as such a term of three months of three months during said term he marched from Augusta County Va, under Capt George Riddle (don't recollect the names of the other officers) (He was Colonel) to Richmond and from there to below Richmond watching the movements of the British, went to a creek call d hot water and Edmunds hills - at this place stayed some time, served out the term of three months above mentioned and returned home - Shortly after, he returned home, was

drafted for a tour of three months and Marched, to Richmond, Portsmouth, and Williamsburg, and all through their country and served out his tour, George Skustun was his Captain, Benjamin Harris his Colonel, after the expiration of the last mentioned term of service, he served a term of thirty days under the same officers, their services being required for that length of time, after their term of three months had expired, at this time Cornwallis was at York Town, and shortly after was captured, he received a dis- charge but has lost or mislaid it, the above 6 months and 20 days is all the service he done during the Revolutionary war, he was a private in all his service — he has a record of his age, he has lived in Harrison County about forty eight years where he now lives, he came from Brack Gap to this county — That he does not receive a pension, nor does he claim any but one under the act of 4 th June 1835-
Sworn and subscribed in open court this 18 th day of May 1835
Joseph Reston Coonrod X Reston Mark
We John Hoff and John C. Low this residing in the neighborhood of the above named Joseph Reston, do hereby certify, that we are well acquainted with the said Joseph Reston, who has subscribed and sworn to the above declaration, that believe now he is

sixty two years old, that he is reputed, and believed in the neighborhood to have been a soldier of the Revolution and that we concur in that belief Sworn and subscribed in John Hoff Open Court this 18 th day John C. Sauthier of May 1835 —
And the aforesaid Court do declare their opinion after the investigation of the matter and after putting the interrogations presented by the War Department that the above named Applicant was a revolutionary soldier and served as he states, and the Court further certifies that it appears to them, that John Hoff & John C. Sauthier are residents of the said County of Harrison V a and are creditable persons and that their statements are intended to assist - and the said Court further certifies that that there is no clergyman living in the neighborhood of said applicant -

I David Danison Clerk of the County Court of Harrison County aforesaid do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Leonard Kester for a pension.
In Testimony whereof I have hereunto set my hand and seal of office this nineteenth day of May 1835
D. Danison C.M.C.

1 V. S. ...
Joseph H. Miller.

BRIEF in the case of  Joseph Kester of Harrison County  of  in the State of New York  (Act 7th June, 1832.)
 Was the declaration made before a Court or a Judge?  On Open Court  If before a Judge, does it appear that the applicant is disabled by bodily infirmity?   How old is he?  79 Years.  State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and field Officers under whom he served.   Years, Months, Days.     In 1780. 3. Substitute Col Malls & Capt Geo. Birt   1781. 6. 20. Volunteer George Houston Col B. Harris Genl. Wayne & Millenburgh.  
 In what battles was he engaged?   Where did he reside when he entered the service?  Brucks Gap State of Virginia.  Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?  By traditionary Evidence.  Are the papers defective as to form or authentication? and if so, in what respect?  They appear to be in due form. 
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
James Ord
Examining Clerk.

June 28, 1940.
Lou Dent Frum 288 Fayette Street Morgantown, West Virginia.
BA-J/ILL Joseph Kester S. 2690
Dear Madam:
Reference is made to your letter in which you request information in regard to Joseph Kester who made application for pension in Harrison County, Virginia.
The data which follow were obtained from the papers on file in pension claim, S. 2690, based upon service of Joseph Kester in the Revolutionary War.
Joseph Kester was born in Pennsylvania; the date of his birth, names of his parents and the exact place of his birth were not stated. He moved at the age of nine years to Virginia and settled near Brock's Gap, where he resided at the time he entered service in the Revolutionary War.
Joseph Kester enlisted sometime in the year 1780, served three months as private in Captain George Biddle's company, Colonel Nelle's Virginia regiment and returned home; said service was rendered as substitute for Conrad Kester, whose relationship to Joseph was not stated. He enlisted in 1781, served as private in Captain George Huston's company, Colonel Benjamin Harris' Virginia regiment, marched from Augusta County, Virginia, to Richmond, thence to Hot Water and was in an engagement there, afterwards went to Petersburg, where he was discharged about two weeks before the surrender of Lord Cornwallis, said service three months, twenty days.
Joseph Kester returned to Brock's Gap, Virginia, from which place he moved to Harrison County, in that same state.
He was allowed pension on account of his service in the Revolutionary War on his application executed August 21, 1832, at which

time he resided in Harrison County, Virginia. This soldier gave his age then as seventy-nine years. In September 1837, he resided in Delaware County, Ohio; he had moved there from Harrison County, Virginia, as his children resided in said Delaware County. Joseph Kester died July 2, 1839, and was survived by his widow; her name was not given, nor the date and place of their marriage and names of their children.
In 1837, when this pensioner resided in Delaware County, Ohio, Fields McWhorter and James Utter stated that they had been acquainted with him for the last ten years; their joint affidavit was made in Delaware County, Ohio. There are no further data regarding them.
In order to obtain the date of last payment of pension and name of person to whom it was paid, you should address the Comptroller General, General Accounting Office, this city, and furnish the following data:
Joseph Kester Certificate #2133 Issued July 21, 1835 Rate $22.22 per annum Commenced March 4, 1831 Act of June 7, 1832 Ohio Agency (transferred from Virginia Agency).
Very truly yours,
A. D. HILLER, Executive Assistant to the Administrator.

Treasury Department,
Second Comptroller's Office,
July 9. 1838.
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Joseph Hester a Pensioner on the Roll of the Ohio Agency, at the rate of twenty two Dollars and twenty two Cents per annum, under the law of the 7th June 1832 has been paid at this Department, from the 4th of Sept. 1836 to the 4th of Sept. 1837
Respectfully yours,
Abner H. Parr Comptroller.
To the Commissioner of Pensions. Present.
Groesbeck's Agency

L. W. B. I. 2390.
This Bureau can furnish the military record of only such Revolutionary soldiers as were pensioned or whose widows were pensioned for their services.
Such of the original muster and pay rolls of the Revolutionary War and the War of 1812 as are now in the possession of the Government are on file in the Record and Pension Office, War Department. Original rolls and other records pertaining to service in the Revolutionary War may also be found on file in the archives of many of the original States.
DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS,
WASHINGTON, D. C.,
O. W. & N. DIV.
REVOLUTIONARY.
September 26, 1899.
Sir:-
In response to your recent communication you are advised that Joseph Kester made an application for pension on August 21, 1832, at which time he was 79 years of age and residing in Harrison County, Virginia, and his pension was allowed for nine months' actual service as a private in the Virginia troops, Revolutionary war. He enlisted at Brock's Gap, Virginia, and served under Capt. Biddle and Col. Noll.
Very respectfully,
Acting Commissioner.
Hon. H. C. McWhorter,
Charleston, V Virginia.

Morgantown W.Va. May 18 1940
Veterans administration Rev. Pensions Dept Washington D.C.
Gentlemen,
Will you please give me the service and names of children and wife, if given, of Joseph Kester who made his declaration in Harrison Co. Va. (now W.Va.)
Very truly
Lou Dent Frum (Mrs Layton) 288 Fayette St Morgantown W.Va.

RECEIVED JUL 31 1899 PENSION OFFICE
PENSION OFFICE JUL 31 1899 U.S.

STATE OF WEST VIRGINIA SUPREME COURT OF APPEALS
JUDGES HON. M. H. DENT, PRESIDENT HON. J. W. ENGLISH HON. HENRY BRANNON HON. H. C. McWHORTER J. A. HOLLEY, CLERK.
Charleston July 29, 1899
Hon. H. Clay Evans Commissioner of Pensions Washington D.C.
Sir -
Will you kindly furnish me such information as your office may afford respecting the service of Joseph Lester who is said to have been a pensioner on account of service for the Govt. in the Revolutionary War . He lived and died in Harrison County Virginia, but I am not advised as to where he entered the service or enlisted. He was my grandfather,
Your attention to this will be greatly appreciated.
Very respectfully H. C. McWhorter

Joseph Kester
Rev War
Payments to be made
at Richmond 2133
by the Presd U S Br Brk
Agent for paying Pension- ers, in the Agency of
1690 (Virginia)
Recorded by Geo. B. Giles Clerk, in Book D Vol. 7 page 103
50 years in Pension 1834 Rev War Pension Use

WAR DEPARTMENT.
Revolutionary Claim.
I certify that, in conformity with the Law of the United States of the 7th June, 1832, Joseph Hester of the State of Virginia who was a Private in the Revolutionary Army
is entitled to receive Thirty dollars and  cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March, and 4th of September, in every year.
Given at the War Office of the United States, this 19 th day of November one thousand eight hundred and thirty- two .
Lewis Cass. Secretary of War.
Examined and } Countersigned. }
J. L. Edwards

Mr Evans
for
Wend L. S. Edwards Chair. of Pensions Washington City

Delaware, O. July 24, 1838
Sir
Enclosed I send you papers for the purpose of having the pension of Joseph Hester transferred from the roll of the State of Virginia to that of Ohio.
Very respectfully
Your obt. servant
J. W. Powell
Hon. S. L. Richards } Com. of Pensions }

1836 Nov. 2. 1835.
Fin
James S. Edwards Esq
Com s of summons
City of Washington D.C.
Inform the Agent that Kester is to be paid at $22:22 per ann. from 1 st March 1834 - hute also to N. Goff 1 st make the proper endorsement on the papers -
(Faint vertical text, likely bleed-through from the reverse side)

Washington Oct 30 th 1833-
Sir I enclose you a statement of my settlement with Geo Hester, for the money he ever drew as a pension of the U.S. I refer you to your letter of July 23 rd 1835-, Hester, Waggoner & Leachman you will see I have charged them, interest and also, deducted, interest, - I have I think charged each a little more interest, than would be due on above calculation
I hope you will now order the resumption of their pension, as they will not let interest until it is done,
Very Respectfully
Yours
Nathan Goff
J. Edwards Esq Court of Pensions City of Washington

Sept. 26 '99 Hon. H. C. Wheeler Charleston, Va. 1920 - June 28 - Let. to Lon Dent From - J. L. L.
Rev War
2690
INVALID.
File No. 2690
Joseph Hester Rev War
Act: June 7, 1832
Index: — Vol. 9 , Page 201
[Arrangement of 1870.]

Mar 16 New Orleans
FREE
J. S. Edwards Esq. Com te of Pensions Washington D.C.

Pension Agency
North Western Bank of Virginia
Wheeling March 12 th 1838
Dear Sir
In answer to the enquiry contained in your letter of the 7 th inst, I beg leave to state: That Joseph Ketter, Pensioner Act 7 th June 1832 - at $22 22 per ann - was last paid at this Agency up to the 1 st of September 1836 -
I am
Yours very respotly
Arch Wood Pen agt Fr. Stuart Irons
J. P. Edwards Esq. Commissioner of Pensions Washington D.C.

Free
Oct 23
Mr James L. Edwards Com ee of Pension City of Washington
Rev. Mr. Edwards to my wife, your and my evidence me your wealth and Mr. Edwards will be

Newbury October 16 th 1835-
James L. Edwards,
Gen l of Pensions,-
Sir David Gicheneal known of this County, who was sued for the money which he had drawn from the Treasurers of the U-S- and who was drawing more than he was entitled to, and was remitted for the proper amt s , has fully paid me the whole amt s and drawn and all costs pertaining to said suit, - That is he settled for all money which he had drawn as pensioner upto before the 4 th of March 1835- and costs of the suit v s him, - He has since the 4 th of this , past Sept e , sent his power of attorney to the agent at Richmond for paying pension, to draw his pension from the 4 th of March 1834 to the 4 th of Sept e 1835- with my

certificate attached to the same, writ- ing, that all ever drawn money had been paid to me as a deputy Marshal H-, and a certificate of the clerk of of the U.S. D. Court for W-District of Va., that I was D m H- The agent at Richmond refuses to pay the said pension, - States that he does not know that the marshal was authorized to receive the money H- I hope you will write to the agent, and order it paid, John Waggon s case of being bounty stands in a similar situation and also Joseph Hester s of this bounty except the 2 latter have not as yet sent on for their money = They have settled the accounts w th them, I wish you would order them also to be paid, they will send on & when they are not paid, they will immediately, run to me to know what is to be done H H H -

Please attend to the above, as it will save me trouble; but he assured I am troubled not a letter, with the old pensioners, — It is under right and proper the old men should the money which is now due them, after paying what they have ever drawn you will recollect the 3 were replaced on the pension roll for the proper amt — they should not draw
Please answer this, for I shall be replaced with the old men till I get an answer —
Am very Respectfully yours
Nathan Goff —
Sept 5, sent his answer

Washington & Anylton } Spence June 22-1835 for the use of the U.S.A. } Annuity money due to } five } from the U.S. as a pensioner Joseph Foster } from the 4 th March 1831- to the pensioner } 4 th March 1834 — $90-00 Interest on same — 11-50 Costs of suit — 25 97 $127.47
By the amt of his present pension certificate from 4 th March 1831 to 4 th March 1834 } $22-22 3/4 } $66 66 3/4 By interest on same — 5 50 } - 72 16 $55 31 55 31 By cash July 30 th 1835 —
I Nathan Goff Jr for James Panto m U.S.C. W.D. V ce , - certify that I have settled with the above named Joseph Foster, according to the above statement, and that he said Foster paid me the above balance in cash $55-37-
Test Nathan Goff Jr for James Panto. m Clerk of Court
October 30 th 1835-
L. L. Edwards Esq Com ce of Pensions City of Washington

Wheate
J L Edwards Commr of Pensions
Wahum Goff Esq. Clarkesburg Virginia

War Department Pension Office June 30 1835
Sir
I have examined the case of Joseph Kester. His name cannot be restored to the pension roll, unless Mr Singleton will make a favorable report in his case.
Yours Respectfully Wm. O. Folsom J. L. Edwards
from a personal examination of the case of Joseph Kester who engaged in that last Summer business. I am well satisfied that he was in active service six months during the war of the Revolution - for particulars I refer the Com: of Pensions to my report in Kester's case. Such add. that when Kester was informed that he was drawing too much - he promptly gave his bond with security for the whole amount - down including interest - upon which bond a suit was instituted and judgment has been obtained. Wm Singleton Rec. Duluth. June 22. 1835 William Goff Esq Clarkesburg Virginia

May 26
fin
James L. Edwards Esq law of Resoners City of Washington
Wm Lloyd Act 132

Clear Brookburg May 21 st 1835-
J. L. Edwards Comm ee of persons
Sir I enclose you a new declaration made out for Coonrod Foster setting forth Revolutionary Services to the amt of 6-Months & 20= I think he drew $30- for annum heretofore = I have no doubt but that his statement her given is correct - he says this statement is the same he gave his former agent, &c = It will I think correspond with Mr Singleton's report - he is a correct old man =
He has acknowledged judgments for all the money he had drawn on his former pension certificate, which certificate I returned some time ago to your department - Should he now be placed on the pension Roll, will it not be proper for the Secretary of the Treas- to order said judgment to be credited for the actual amt he should have drawn
Yours Respectfully
Nathan Goff

2nd Brief
Joseph Hester. —

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Joseph Hester? which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes. II. Did the declarant make the declaration in the county where he resides? Yes. III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? _____ IV. Has the declarant mentioned the period or periods of the war when he served? Yes. V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? Yes. VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes. VII. Has he made a relinquishment of every claim to any other pension 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?
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?
Yes.
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?
And is the official character and signature of the magistrate certified by the proper officer under his seal of office?
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?
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?
1st & 2nd not answered
EXPLANATORY NOTES.
QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For _____ year _____ months and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____: and for such service I claim a pension."

It is important in all cases to determine with precision the period for which the 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 official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
†QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated 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 end 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.

TREASURY DEPARTMENT,
Second Comptroller's Office,
Dec. 29 th , 1841.
Sir:
Under the date of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," The widow of Joseph Lester, dec. a Pensioner on the Roll of the Ohio Agency, at the rate of Twenty two Dollars and 22 Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 1 st of March 1839, to the 2 nd July 1839.
Respectfully, yours,
William L. Parris
Comptroller.
To the Commissioner of Pensions,
Present.

2133
Virginia
Joseph Nester
of Naniwa in the State of Virginia who was a Private in the Corps commanded by Captain Biddle of the Regt commanded by Col. Walls in the Virginia line for 9 months _____
Should be $22,222
Inscribed on the Roll of New York City at the rate of 30 Dollars — Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 19 th day of Nov 1832 — and del. to Wm. St. Johnson
Arrears to 4th of Sept '32 $45 Permit allowance ending 1 Ma. '33 15 $60
{ Revolutionary Claim, Act June 7, 1832.
Recorded by Book D
Geo. C. Stiles, Clerk Vol. 7 Page 103

Joseph Hester - Pen Harmon City.
Frain
This man has given his bond with good security - and he and his security has been approved by the court for the amount with interest and costs - W. G. S. ex

Joseph Kester (means $20.) State that he is in his 82 year of age. - Native of Pennsylvania. Settled in Brooks Gap when nine years old - during the R. War. can't say in what year, but when Brannall's was defeated - he went a substitute for 3 months in the line of General Kester - Marched from Fayette County under Capt. George Biddle, to Richmond and while there watching the move- ments of the British army. Lived out the time & returned home. Thirty after he returned home was drafted for 3 months time and marched under Capt. George Biddle upon Sam- ple's Creek road. Parts made. Williamsburg and all through that country - then saw several companies in the field and around Brannall's Camp. Brannall's after the battle of 2nd was out - he lived 20 days under the same officers - the Service after that was required for 40 days of time. they agreed to stay and did stay until the 20 days expired - and were then discharged. at the time of this discharge Brannall's was formed up at Yorktown & Thirty thereafter was captured - this comprised all his Service in which he was a private -
Col. Joseph Biddle to whom he made the same Statement in substance he can make - wrote his Declaration - if it claims for other it claims for other Service than he did it is incorrect and he has been unpaid upon - should get $20.
In witness that this statement is true & here to subscribe my name this 14 th July 1834
Witness N. Goff
Joseph Kester Mark
Note - Kester has been dead.
W. F. Fitzgerald Nov. 19. 1834

Joseph Kestner Declaration

State of Virginia Garrison County
On the 21 day of August 1832 personally appeared in open court before me W m Martin John Reynolds W m A Hagers Brij. Basil & Joseph Johnson The court of Harrison County now sitting Joseph Kerle a resident of Harrison County and State of Virginia aged 79 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 th 1832
That he resided at a place called Brooks Gap in the State of Virginia That sometime in 1780 he entered the service as a substitute for Howard Foster, in a company under the command of the following named officers Col. Wells Maj. Hamilton Capt. George Riddle That he marched from thence to Richmond thence to Edmunds Hill where he was discharged having served three months Sometime in the year 1781 the month not recollects he volunteered in a company under the command of Capt. George Houston which was attached under the command of Col. Benjamin Harris, That they marched from Brooks Gap to Richmond, thence to Hot Water near Williamsburg having understood that the enemy had taken possession of some little belonging to the Americans the Brigade to which he belonged was detailed and sent in pursuit of them they overtook the enemy of about four hundred in number, an engagement took place which continued about two hours in which he thinks seventy or eighty of the enemy fell the American loss was very inconsiderable a few days after he was detailed with about 400 men and placed on

the road near to Old James Town to cover the retreat of the Americans a battle was fought at James Town under the command of Generals Wayne & Millenburgh the Americans did retreat by the place where he was sta- tioned and the company to which he belonged joined in the retreat and marched in the night to the main army From thence he marched down the river near to Portsm- outh From there they returned to Petersburg where he was discharged having served 6 months and 20 days he obtained his discharge about two weeks previous to the surrender of Genl Wallace he did not receive a written discharge nor was it asked among the militia That he removed from Breck's Gap to Harrison County where he now resides now resides with Jesse Lowther, John Huff, Samuel Clemens, William Ward and various others in the neigh- borhood where he resides to whom reference may be had That he has no documentary evidence nor knows of no one by which he can prove the above services He hereby relin- quishes every claim to a pension or annuity except the pres- ent and declares that his name is not on the pension role of the agency of any state Sworn to and subscribed the day and year aforesaid  Joseph his Kester mark  Saml Hen & Co J.P.
We Hamilton Goffs and J. Morris residing in the County of Harrison do hereby certify that we are acquain- inted with the aforesaid Joseph Kester who has subscribed and sworn to the foregoing declaration that we believe him to be 79 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 Hamilton Goffs. Sworn to and subscribed D Morris

And the S d court do hereby declare their opinion after the investigation of the matter and putting the interrogatories prescribed by the war department, that the above named applicant was a revolutionary soldier and served as he states and the court further certifies that it appears to them that Hamilton Goff a clergyman and Daniel Morris who have signed the foregoing certificate are residents of S d County of Harrison an state of Virginia are credible persons and that their statement is entitled to credit.
Brig. Basil J. P.
I David Davison Clerk of the court of Harrison County do hereby certify that the foregoing contains the original proceedings of the court in the matter of the application of Joseph Foster for a pension.
In testimony whereof I have hereunto set my hand and seal of office This 2 nd day of August  November 1832
D. Davison C.D.C.

The State of Ohio } Delaware County } ss
On this 27 th day of September 1837 before me the subscriber a justice of the peace for the said County of Delaware personally appeared Joseph Rester and made oath in due form of law that he is the identical Joseph Rester named in an original certificate in his possession, of which (I certify) the following is a true copy:—
"War Department. Revolutionary Claim."
I certify that in conformity with the law of the United States of the 7 th June 1832 Joseph Rester of the State of Virginia who was a private in the army of the Revolution is entitled to receive twenty two dollars & twenty two cents per annum, during his natural life, commencing on the 4 th of March 1831 and payable semi-annually on the 4 th of March and 4 th of September in every year.
Given at the War Office of the United States this 21 st day of July One thousand eight hundred and thirty five. (Signed) C. A. Harris No. 2133. Acting Secretary of War.
Examined and countersigned
J. S. Edwards
"Commissioner of Pensions."
that his name was placed on the pension roll of the state of Virginia from whence he has lately removed; that he now resides in the said County of Delaware and State of Ohio where he intends to remain, and wishes his pension to be there payable in future:— The following are his reasons for removing from the said State of Virginia to the said State of Ohio; to wit, that his children reside in the said County of Delaware and State of Ohio and it is his wish to reside with them. Sworn & subscribed to
the day & year above written Joseph his Rester mark before me —
Henry Pate Justice of the peace.

And also personally appeared before me on the day of year within with Fields M c Whorter and James Utter who were duly sworn according to law say that they have been personally acquainted with the within named Joseph Foster for at least the last ten years and that they personally know that he is the identical Joseph Foster named in the person - certificate now here and truly copied in the within affidavit of the said Joseph Foster - and further say not.
soon & subject to on the day of year with other before me
Harry Pattee Section of the Navy
I further certify that I am well acquainted with the above named Fields, Wheeler and James Utter that they are persons of good moral character and entitled to full credit.
Full Court Henry Patel Justice of the Peace
I Thomas Reynolds Clerk of the court of Common Pleas of the County & State aforesaid, do hereby certify that Henry Salo Esq r is a Justice of the Peace in & for said County duly commissioned & qualified; that his commission was dated on the 14 th day of April A.D. 1836 & will expire on the 14 th day of April A.D. 1839 & that his signature above written I believe to be genuine.
Given under my hand & the seal of said County, this 24 th day of February A.D. 1838.
Thomas Reynolds Clerk.