Revolutionary War Pension and Bounty Land Warrant Application File S. F. 16928, for Wm Libbey, Massachusetts

S. F. 16928.
Wm. Libbey
Mass. (Cont.)
Dis. cf.

Alfred, Maine, January 21, 1830.
Hon. J. W. Eaton, Secy of War, Washington.
Sir, In compliance with J. L. Edwards, esq's directions of the 6 th instant, I have procured the affidavits of Lydia H. Ware concerning the ex- ecution of the contract between William Libbey, a revolutionary applicant for pension, and his son Edward Libbey; and of Luther Symmes, esq. as to his understanding of the existence of such contract; which contract and affidavits are herewith forwarded. Please to transmit said W m Libbey's pension certificate, when is- sued, to me. Very Respectfully, Sir, I am, Sir, your ob. servant, Jeremiah Goodwin.

War Department,
N o 5717
PENSION OFFICE,
10 Oct r 1820.
SIR,
You are hereby informed that the Secretary of War does not, on account of the amount of your property, consider you entitled to a Pension under the Acts of the 18th March, 1818, and 1st May, 1820; and has, therefore, directed your name to be stricken from the Pension List.
I am, respectfully,
Your obedient servant,
J. B. Edwards
To Mr.
William Libby Newfield
Name

882 Libby
Payable semi-annually---the first pay- ment on this certificate will be made on the 4th of March — next at the Cumberland Bank Portland at Portland, Me. —
Accorded

WAR DEPARTMENT.
REVOLUTIONARY CLAIM.
I CERTIFY That, in conformity with the Law of the United States, of the 18th of March, 1818, _____
William Libby _____ late a Private _____ _____ in the Army of the Revolution, is inscribed on the Pen- sion List, Roll of the District of Maine Agency, at the rate of _____ Eight dollars per month, to commence on the _____ 20 th day of April _____ one thousand eight hundred and eighteen.
GIVEN at the War Office of the United States, this _____ 23 rd day of _____ January one thousand eight hundred and Nineteen
J. C. Calhoun
Secretary of War.

State of Maine.
York County ss
I Jeremiah Bradbury, Clerk of the Judicial Court for said County of York certify that James Ayer, is a justice of the Peace for said County, and that the foregoing signature purporting to be his are genuine in witness whereof, I hereunto set my hand & affix my official seal this thirty first day of July Anno Domini 1832
Jere. Bradbury Clerk of the Judicial Court York County.

Copy.
Deeds.
William Sibbay
to
Edwards Sibbay, of Newfield. —
B III. p 76

Know all Men by these presents, That
William Sibbey of Newfield in the county of York and state of Maine, yeoman, in consideration of the sum of one thousand dollars paid by my son Edward Sibbey of Newfield in said county aforesaid, yeoman,
the receipt whereof I do hereby acknowledge, do hereby give, grant, bargain, sell and convey unto the said
Edward Sibbey his
heirs and assigns forever, a certain piece of lands in Newfield aforesaid, and bounded as follows, viz. beginning at the northeast corner of lot No. 2, in range D. from thence running south by lands owned by J. Thompson, J. Smith, junr. and D. Smith to the southwest corner of said lot, thence west by lands owned by Robert Sibbey for enough to contain seventy acres, except one acre where Joshua S. Sibbey's house now stands, thence north through said lot to lands owned by D. Morlan, esq. thence east by said Morlan's lands to the first mentioned boundary.
TO HAVE AND TO HOLD , the said granted and bargained premises, with all the privileges and appurtenances thereof, to the said Edward S. Sibbey his heirs and assigns, to their use and behoof, forever. And I do covenant with the said Edward Sibbey , his heirs and assigns, that I am lawfully seized in fee of the premises; that they are free of all incumbrances; that I have good right to sell and convey the same to the said Edward Sibbey , to hold as aforesaid. And that I  will warrant and will warrant and defend the same to the said Edward Sibbey , and to his heirs and assigns, forever, against the lawful claims and demands of all persons.
In Witness Whereof , I the said William Sibbey
have hereunto set my hand and seal, this fourteenth day of March , in the year of our Lord one thousand eight hundred and twenty one.
SIGNED, SEALED AND DELIVERED, IN PRESENCE OF
Thomas Smith, Jr. Benjamin Sibbey.
William Sibbey
York, ss.
October 7 th 1822. Personally appeared
the above named William Sibbey , and acknowledged the above instrument to be his free act and deed.
Before me,
James Ayer , Justice of the Peace.
Recorded according to the original, received Novem r 7, 1822.
Attest, Jeremiah G. Dwin , Register.
Copy of Record, book III, page 176. Attest, Jeremiah G. Dwin, Register of Deeds.

William Sibby's application for Pension.
March 1823,
Maine.
(March 1819)

State of Maine.
COUNTY OF YORK, ss.
ON this twelfth day of February , 1829, in open Court, being the Court of Common Pleas , held at Alfred , within and for the County of York on the Second Tuesday of February , A. D. 1829, Present the Hon. Ezekiel Whitman , chief Justice of said Court; said Court keeping a record of their proceedings, having jurisdiction unlimited in amount, proceeding according to the course of the common law, having the power to fine and imprison, and being a Court of Record in said County, personally appeared William Sibby of Newfield , resident in said county, aged eighty years, who, being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the provision made by the Acts of Congress of the 18th March, 1818, and the 1st May, 1820, that he the said William Sibby enlisted for the term of one year as a private day of  about December , in the year 1775 or 1776 , in the state of Massachusetts in the company commanded by captains Tyler and Skinner , in the regiment commanded by Colonel Phinney and Francis , in the line of the State of Massachusetts on the Continental establishment ; that he continued to serve in said corps until  from about June 1775 to 1780 under three enlistments , when he was discharged from the said service, in Albany & Westpoint , in the State of New York ; that his name has been placed on the pension list and dropped therefrom on account of his property.
And in pursuance of the Act of the 1st May, 1820, I do solemnly swear that I was a resident citizen of the United States on the 18th day of March, 1818; and that I have not since that time, by gift, sale or in any manner disposed of my property, or any part thereof, with intent thereby so to diminish it, as to bring myself within the provisions of an Act of Congress, entitled "An Act to provide for certain persons engaged in the Land and Na- val service of the United States in the Revolutionary War," passed on the 18th day of March 1818; and that I have not, nor has any person in trust for me, any property, or securities, contracts or debts due to me; nor have I any income other than what is contained in the Schedule hereto annexed and by me subscribed.
And I further declare upon oath, that my original declaration & application for pension was made on or about the 20th April, 1818 , upon which de- claration a pension certificate was granted me, bearing date January 23 d 1829 , numbered 5,717 .
William Sibby.

SCHEDULE of the real and personal estate, (necessary clothing and bedding excepted) belonging to me the subscriber, viz :
I own about twenty nine acres of poor and waste land only 4 to 5 acres under improvement; no buildings thereon. Of personal estate I own about 12 old chairs, 2 tables, two stools, 1 kettle, and various other small articles of furniture, not worth in the whole including the articles enumerated, more than twenty twenty dollars exclusive of beds and bedding.
SCHEDULE of the family residing with me  William Sibbey , _____ who, by occupation am a shoemaker and farmer, _____ which I am not able to pursue by reason of old age and infirmity.
   NAMES. AGES. Capacity of each to contribute to their support.     Betsy Sibbey, my wife, 75 years. Infirm and able to do but little labor.  
That since the exhibition of my first schedule the following changes have been made in my property.
On the 14th. March, 1821, I conveyed by deed to Edward Sibbey , my son, about seventy acres of land of my former farm, including all my buildings for the purpose of paying my debts due to him and others, his services in carrying on my farm and taking care of me and my wife being of much greater value than the property conveyed to him. I have no source of income other than derived from my labors and the proceeds of the little real estate now owned. The personal property owned in 1820, has been sold and expended towards my maintenance. William Sibbey.
Sworn to and declared on the 12th. day of February, 1829, before
Ezekiel Whitman.  I  Jemima Bradbury Clerk of the Court of Common Pleas do hereby certify, that it appears, to the satisfaction of the Court, that the said William Sibbey did serve in the Revolutionary war as stated in the preceding declaration, against the common enemy, for the term of nine months under one engagement, on the continental establishment. I also certify that the foregoing oath and the schedules thereto annexed are truly copied from the records of said court; and I do further certify that it is the opinion of the said Court that the total amount in value of the property exhibited in the aforesaid schedule is two hundred dollars and no more
IN testimony whereof, I have hereunto set my hand, and affixed the seal of the said Court on this Second day of March  1829
Jere. Bradbury CLERK of the C.C.P.

London Office Aug 11, 1932
Memphis, Tn. Aug 11 32
Dear Miss Galt Sanctuary Lane
Washington (D.C.)

Newfield August 2 d 1832
York County Maine
My dear Sir
Enclosed are the papers in
Mr. Tibby's case. I hope
to meet a favorable answer; it is the opinion of many of our best Lawyers, that in such cases a statement before a magistrate , all that is required; but if your intention in all cases is that the plaintiff shall go into a court of record & make his declaration you will please to inform me & return the inclosed
Yours with much esteem &c.
James A. Linn
Hon. L. Cass Secretary of War

Edward Schley & William Schley's Depositions C

know all men by these presents, that I William Lilley of Newfield in the county of York and Commonwealth of Massachusetts yeoman for the consideration hereinafter expressed do agree to and with my son Edward Lilley to sell and convey unto him the farm together with the buildings from which I now live and I the said Edward Lilley on my part do agree to live with my father and carry on said farm and take care of him and my mother for sixty Dollars per year my close to be paid for produce from the farm and I agree to give her hundred Dollars for her place in my below as aforesaid In witness whereof I have hereunto set my hand and seal this 1 st tenth day February A D 1803
Witness
Lydia H. Maine
William D. H. Maine
Edward Lilley

I Edward Libbey of Dukesville county of York and State of Maine do hereby and say that the agreement between me and my Father William Libbey in relation to the sale of his farm to me was entered into by and between us at the time therein mentioned and that the accompanying instrument is the original agreement
Edward Libbey
I William Libbey of Dukesville aforesaid do hereby say that the above statement of my son Edward Libbey is true
William Libbey
Attest Luther Symmes
York 21 November 21/1829 Then personally appeared Edward Libbey and William Libbey and made oath to the truth of the foregoing affidavits by them respectively signed before me
Nathaniel Clifford Justice

I Lydia H Ware of Newfale County of York and State of Maine of lawful age depose and say that I was present when the annexed agreement between William Libbey and his son Edmund Libbey was executed and signed by them and that I put my name to said instrument as a witness as appears by the same at the time therein specified I further state I saw them sign the same Newfale January 20 1830 Lydia H Ware
York J January 20 1830 Then personally appeared the above named Lydia H Ware who as a person whose character for truth and veracity is good and made oath to the truth of the foregoing affidavit by her subscription
Before me Nathan Clifford Jun. Pres.

State of Maine.
Jeremiah Goodwin, a Notary Pub. lic within & for the county of York aforesaid, duly and legally appointed, commissioned & qualified as such, and residing at Alfred in said county, do hereby certify that Nathan Clifford, esquire, of New- field in said county, whose name is written to the certificate of the within affidavit of Lydia H. Ullery, is a Justice of the Peace within & for said county, to whose acts as such full faith and credence are due, and that the same certificate bears his genuine signature.
Witness my hand and Notarial seal, this twenty first of January, 1880.
Jeremiah Goodwin, Notary Public.

State of Illinois.
York, ss: I Jeremiah Brachbury, Clerk of all the Judicial Courts held within and for said county of York, hereby certify that Nathan Clifford whose name is set to the within papers, is a Justice of the Peace within and for said county, and that the within signature purporting to be his, is genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of the Court of Common Pleas for said State, this eighteenth day of December in the year of our Lord one thousand eight hundred and twenty- nine.
Jer. Brachbury Clerk D

Affidavit of Luther Symmes - concerning contract between William Libbey & Edward Libbey of Newfield, Me.

I Luther Symmes of Newfield in the county of York and state of Maine, of lawful age, testify and depose that I have lived in said Newfield, within about half a mile of William Libbey of said Newfield, a revolutionary soldier, for more than twenty five years past, and have known him during that period; that said William Libbey is now nearly eighty years of age, is poor and decrepit, and for many years past has been unable to perform any manual labor; that to my knowledge, Edward Libbey, a son of said William Libbey, has lived with his said father for twenty five years past, and has carried on his farm; and I have always heard and understood that there was a contract between the said William Libbey and his said son Edward Libbey, by which the former was to pay the latter for his services in carrying on his farm; but I never saw said contract till within about two months past. Knowing that said William Libbey was an applicant to be restored to the Pension list, and being at Jeremiah Goodwin's office in Alfred last fall, I inquired of him if said Libbey was restored to the pension list; he informed me that he could not obtain the pension, unless Libbey had made a written contract with his son Edward to pay him for his services, as a consideration for his deed of his farm, &c. Whereupon I informed Mr. Goodwin that I understood there was such a contract. Luther Symmes

State of Maine.
County of York, ss. On the nineteenth day of January, in the year of our Lord one thousand eight hundred and thirty, personally appeared before Jeremiah Goodwin, a Justice of the Peace and Notary Public, duly and legally appointed, commissioned and qualified as such, within & for the county of York, residing at Alfred in said county, — the within named Luther Symmes, the affiant, and made solemn oath to the truth of the within affidavit by him subscribed in my presence.
And I hereby certify, that I am personally acquainted with said Luther Symmes, and believe him to be a credible witness.
In testimony whereof, I the said Jeremiah Goodwin have hereunto set my hand and affixed my Notarial Seal, the day and year first above written.
Jeremiah Goodwin, Justice of the Peace and Notary Public.

State of Maine.
County of York, ss.
ON this thirteenth day of February 1824 in open Court, being the Court of Common Pleas held at Alfred within and for the County of York on the Second Tuesday of February A. D. 1824 Present the Hon. Ebenezer Whitman Justice of said Court; said Court keeping a record of their proceedings, having jurisdiction unlimited in amount, proceeding according to the course of the common law, having the power to fine and imprison, and being a Court of Record in said county, personally appeared William Sibbey resident in said county aged seventy five years, who, being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the provision made by the Acts of Congress of the 18th March 1818, and the 1st May 1820, that he the said William Sibbey enlisted for the term of one year in December day of in the year 1776 in the state of Massachusetts in the company commanded by captain Abraham Tyler in the regiment commanded by Colonel Edmund Phinney in the line of the State of Massachusetts on the Continental establishment ; that he continued to serve in said corps until December 1777 when he was discharged from the said service, in Albany in the State of New York that his name has been placed on the pension list and dropped therefrom on account of his property.
And in pursuance of the Act of the 1st May, 1820, I do solemnly swear, that I was a resident citizen of the United States on the 18th day of March 1818; and that I have not since that time, by gift, sale or in any manner disposed of my property, or any part thereof, with intent thereby so to diminish it, as to bring myself within the provisions of an Act of Congress, entitled "An Act to provide for certain persons engaged in the Land and Naval service of the United States in the Revolutionary War," passed on the 18th day of March 1818; and that I have not, nor has any person in trust for me, any property, or securities, contracts or debts due to me; nor have I any income other than what is contained in the Schedule hereto annexed and by me subscribed.
William Sibbey
Sworn to & declared on the thirteenth day of February 1824
Before Ebenezer Whitman ,
Property valued at ninety five dollars
Sam d E. Smith J. C. Com Pleas

SCHEDULE of the real and personal estate, (necessary clothing and bedding excepted) belonging to me the subscriber, viz :
Real Estate, 30 acres of wild land of poor quality one horse 25 yrs old
SCHEDULE of the family residing with me William Sibbey who, by occupation am a farmer which I am unable to pursue by reason of a large wen on my neck, I old age
   NAMES. AGES. Capacity of each to contribute to their support.     Sibbey, my wife 66 Unable to support herself  
THAT since the exhibition of my first schedule the following changes have been made in my property.
   Names of the person to whom sold or by whom now owned Time of sale or transfer for what purpose Amount of money or description of property received in return     70 acres of land sold to Edward Sibbey March 14. 1821 to pay debts I owed him one thousand dollars, offset of debt   1 Yoke of oxen 3 cows and one heifer to the same Edward Sibbey March 14. 1821 To pay debts I owed him Sixty dollars, offset of debt   3 pigs consumed in my family William Sibbey  
SWORN to and declared on the 13 th day of February 1824 before
Ezekiel Whitman I Jeremiah Bradbury Clerk of the Court of Common Pleas do hereby certify, that it appears, to the satisfaction of the Court, that the said William Sibbey did serve in the Revolutionary war as stated in the preceding declaration, against the common enemy, for the term of nine months under one engagement, on the continental establishment. I also certify that the foregoing oath and the schedules thereto annexed are truly copied from the records of said court; and I do further certify that it is the opinion of the said Court that the total amount in value of the property exhibited in the aforesaid schedule is ninety five dollars cents .
IN testimony whereof, I have hereunto set my hand, and affixed the seal of the said Court on this fourteenth day of August  1824
Jere. Bradbury CLERK of the Court of Common Pleas

KNOW ALL MEN BY THESE PRESENTS,
THAT I William Libby of Newfield in the county of York and state of Maine, yeoman, in consideration of the sum of one thousand dollars to me paid by Edward Libby of Newfield in said county aforesaid, yeoman, the receipt whereof I do hereby acknowledge, do hereby give, grant, bargain, sell and convey unto the said
Edward Libby, and his heirs and assigns, forever, a certain piece of land in Newfield aforesaid, and bounded as follows, viz. beginning at the north-east corner of lot N o 2, on range D, from thence running south by land owned by J. Thompson, J. Smith, junr. & D. Smith to the southeast corner of said lot, thence west by land owned by Robert Libby far enough to contain seventy acres, except one acre where Joshua S. Libby's house now stands, thence north through said lot to land owned by D. Moulton, esq. thence east by said Moulton's land to the first mentioned bounds.
TO HAVE AND TO HOLD , the aforegranted and bargained premises, with all the privileges and appurtenances thereof, to the said Edward,
and his
heirs and assigns, to his & their use and behoof, forever....And I do covenant with the said Edward Libbey, and his
heirs and assigns, that I am lawfully seized in fee of the premises; that they are free of all incumbrances; that I have good right to sell and convey the same to the said Edward Libby,
to hold as aforesaid. And that I will warrant and defend the same to the said Edward Libbey, and his
heirs and assigns, forever, against the lawful claims and demands of all persons.
IN WITNESS WHEREOF , I the said Wm. Libby
have hereunto set my hand and seal, this fourteenth day of March, in the year of our Lord one thousand eight hundred and twenty-one.
Signed, Sealed and Delivered in presence of, Thomas Smith, Jr. Benjamin Libbey
William Libby
York, ss. Octo. 7, 1822. Personally appeared the above named William Libbey, and acknowledged the above instrument to be his free act and deed.
Before me, James Ayer, Justice of the Peace.
Recorded according to the original, received Decem r 7, 1822. Attest, Jeremiah Goodwin, Reg r .
A copy of Record. Attest, Jeremiah Goodwin, Register of Deeds.

State of Maine
Yorke ss.
I Jeremiah Bradbury clerk of the Judicial Court for said county of York, hereby certify that Jeremiah Goodwin Esq. within named is and for a long time has been Register of Deeds for said county of York, that the within are the true and proper signatures of the said Jeremiah Goodwin, and that full faith and credit are due the doings of the said Jeremiah Goodwin as such Register of deeds
In witness whereof I have hereunto set my hand and affixed the seal of said Court this fourteenth day of August Anno Domini 1824.
Jere. Bradbury

William Libby Private
16 Dec. '78 - 16 Dec. 1779 Tuppers ref.
Adm.

Commonwealth of Massachusetts ss
Be it known that on the 20 th day of April 1818 before me the Subscriber One of the Justices of the Supreme Judicial Court of the Commonwealth of Massachusetts personally appeared the within named William Libby who being duly sworn made oath to the truth of the foregoing declaration by him, in my presence subscribed, in order to enable him to obtain the provision made by the late act of Congress entitled An Act to enact provide for certain persons engaged in the land and naval service of the United States in the Revolutionary war; From which declaration signed & sworn to as aforesaid I George Thacher Justice etc Do certify that it appears to my satisfaction that the said William Libby did serve in the revolutionary war as he has stated in his said declaration against the common enemy; and that he is in reduced circumstances & stands in need of the assistance of his country for support - And I now transmit the proceedings & testimony had before me, to the Secretary for the department of War, pursuant to the directions in the aforesaid Act of Congress.
In Testimony whereof I have hereunto set my hand, & have caused the seal of said Court to be hereunto affixed this thirtieth day of May In the Year of our Lord Eighteen hundred & eighteen
George Thacher

I William Libby of Newfield in the County of York & Commonwealth of Massachusetts declare & say that I served as a private soldier in the Continental Army of the Revolutionary War for the term of four years & eight months or thereabouts viz. Soon after the Battle at Lexington in April 1775 I enlisted in Captain Tylers Company of Col. Finneys Regiment, for the term of eight months I was stationed at Cambridge near Boston, & when the eight months were out I enlisted again in the same company & Regiment for the term of one year, I marched to Ticonderoga & was discharged on the 16 day of December 1776 at Albany as will appear by my discharge in writing hereto annexed.
In the spring of the year 1777 I enlisted again for three years under Captain John Shillings in Col. Francis Regiment the whole of which time of three years I served & was honorably discharged in writing at Westpoint, but this discharge I have lost. I am sixty seven years of age, and a citizen of the United States. I have no pension I am in very reduced circumstances as to property & too feeble of body to labour & stand in great need of some support from my Country.
April 26-1818
William Libby