Revolutionary War Pension and Bounty Land Warrant Application File B. L. Wt. 2457-200, for Benjamin Kinley, Virginia

SERVICE
NUMBER
Va
Heinley, Benjamin
B. L. Wt. 2457-200
CONTENTS

Rockingham County September Court 1850
On the motion of John Fuls Adm r of Benj. Berry, dec d . and one of the heirs at law of s d . dec d . & others, heirs at law of Benjamin Berry dec d . it is ordered to be certified, that it has this day been proven to the satisfaction of this court that the said Benjamin Berry, late of this county died intestate in the year 1832 aged about 78 years, leaving the following children as his only heirs at law, to wit. McKinley, John, George & David Berry, and Ellen Swatz (formerly Berry) and Rhoda Fuls (formerly Berry) that the said McKinley Berry has since died intestate leaving his wife Catharine, and his children Margaret Ann Grayes, (formerly Berry) Phoebe Jane Freed (formerly Berry) Elizabeth Daugherty (formerly Berry) Catharine Sanders (formerly Berry) and Archibald Berry as his heirs at law - that the aforesaid John, George, & David Berry, Ellen Swatz, Rhoda Fuls, Catharine Berry, Margaret Ann Grayes, Phoebe Jane Freed, Elizabeth Daugherty, Catharine Sanders and Archibald Berry are now the only heirs at law of the aforesaid Benjamin Berry, deceased.
A Copy Test
Erasmus Coffman M c
State of Virginia Rockingham County 3 d to wit; I, Erasmus Coffman Clerk of Rockingham County, do hereby certify, that the foregoing is a true copy taken from the records of the court.
In testimony whereof I have hereunto set my hand and affixed the seal of said County the 26 th day of November 1850, and in the 75 th year of the Commonwealth
Erasmus Coffman Clerk of Rockingham County, Va

State of Virginia County of Rockingham ss
I John S. Berry his at law of Benjamin Berry who was the only heir at law of Benjamin Kinley who was a Captain in the war of the Revolution, do on my oath declare and testify, that to the best of my knowledge and belief the said Benjamin Kinley did enter the service in the year 1777 for the term of during the war, and served as a Captain in the Regiment commanded by Colonel of the Virginia Continental line and that he continued in service until he was made a Supernumerary Officer, I further declare that I have never received a Warrant for the Bounty Land promised to said Benjamin Kinley on the part of the United States nor do I believe he ever received it or transferred his claim to it in any manner whatsoever; Therefore know all men by these presents, That I John S. Berry aforesaid, do hereby constitute and appoint R. B. Bagby of the County of King and Queen and State of Virginia to be my true and lawful Attorney for me and in my name, to demand and receive from the Secretary of the Interior or the Secretary of War of the United States a warrant for the quantity of land due me as aforesaid.

Witness My hand & Seal this 2 o day of January 1851 Attest,
John S Berry Seal
Personally appeared before me the above named John S Berry subscribed to the foregoing power of attorney and declaration and in my presence acknowledged the power of attorney thereto subscribed to be his act and deed
Witness my hand seal this 2 o day of January 1851 J. G. Brown J.P. Seal
State of Virginia Rockingham County S s Wilt:
I, Erasmus Coffman Clerk of the County of Rockingham in the State of Virginia do hereby certify that J. G. Brown before whom the foregoing declaration was made and sworn to is an acting Justice of the Peace in and for the County aforesaid duly commissioned and qualified and fully authorized to administer oaths and that the below signature purporting to be his is gen- uine —
In Testimony whereof I have hereunto set my hand and affixed the seal of my County aforesaid the 21 st day of January 1851 in the 75 th year of the Commonwealth
Erasmus Coffman

In the name of God Amen. The Twenty first day of April in the year of our Lord One thousand seven hundred and seventy seven. I Benjamin Hanley of the County of Augusta and Colony of Virginia being very well in health and of perfect mind and memory thanks be to God Therefore calling to mind the mortality of my body and knowing that it is appointed for all men once to die, do make and ordain this my last Will and testament, that is to say principally and first of all I give and recommend my soul into the hands of God that gave that gave it and my body I recommend it to the earth to be buried in a christian and decent like manner at the discretion of my executor nothing doubting but at the general resurrection, I shall receive the same again by the mighty power of God. And as touching such worldly estate wherewith God has been pleased to bless me with in this life, I give, devise and dispose of the same in the following manner and form.
Imprimis it is my Will and I do order that in the first place all my just debts & funeral expenses charges be paid and satisfied. Item I give and bequeath to Benjamin Berry my Nephew living in the County of Monmouth in East New Jerseys all my lands and Tenements to him his heirs and assigns forever And farther I do give and bequeath unto Henry Berry five Shillings curry , I give and bequeath unto every of the other brothers and sisters to the above mentioned Benjamin Berry and Henry Berry Five Shillings each to be paid out of my estate. I do make ordain and constitute my beloved Archibald Hopkins and Capt John Hopkins both my and sole Executors of this my last Will and Testament, And I do utterly disallow, revoke and annul all and every other former Wills and Testaments, Legacies and Executors by me in any wise before this time named willed

and bequeathed, Ratifying and confirming this and no other to be my last Will and Testament,
In Witness whereof I have hereunto set my hand and seal the day and year first above written. Signed sealed and published, proclaimed and declared by the said Benjamin Kinley as his last Will and Testament. In the presence of the subscribers 3
Josiah Ravifow. Benjamin Kinley Reese Thomas John Thomas
At a Court held for the County of Rockingham County the 26th day of March 1781.
This Last Will and Testament of Benjamin Kinley deceased was produced in Court and proved by the Oaths of Josiah Ravifow and John Thomas two of the subscribing Witnesses thereto which is ordered to be certified By the Court.
Det. Hog CLK
Rockingham May Court 1781
Archibald Hopkins and John Hopkins the Executors Appointed by the Will of the within named Benjamin Kinley deceased having in open Court refused to take upon them the execution of the said Last Will and Testament On Motion of Benjamin Berry nephew and principal devisee named in the said Will, Administration with the Will annexed is granted him, he having with security entered into bonds and made oaths according to Law.
By the Court
Det Hog CLK
A Copy Test. Erasmus Coffman CLK

Rockingham County April Court 1880.
On the motion of John Fuls and his having made oath thereto and entered into Bond with Security in the penalty of $3000, conditioned as the Law directs administration of all and singular the goods and chattles of Benjamin Berry deceased is granted him in due form.
Attest
E Coffman CLK
A Copy
Teste
E Coffman CLK
State of Virginia Rockingham County, To Wit;
I Erasmus Coffman Clerk of the Court of Rockingham County and State aforesaid, do hereby certify, that the foregoing is a true Copy of the Will of Benjamin Huiley dec d , and Order of Court appointing John Fuls Administrator of Benjamin Berry dec d ,
In Testimony whereof I have hereunto set my hand and the seal of said Court. this the 15 th day of April 1880, and in the 74 th year of the Commonwealth
Erasmus Coffman Clerk of Rockingham County Virginia

Benjamin Kinley
N o . 2457
R.B. Bagby Richmond Va.

Richmond Va. July 9 th 1851
Dear Sir
Dear Sir
Yours of the 7 th Inst was received this morning - When the power of attorney was executed it was thought by the heirs that it was a money claim (Not a land claim) and that the widows of deceased heirs would be intitled to an interest.
All the parties interested are named in proof of kinship and no others now claim to have any claim to the Land Bounty, due to B. Kinley.
I think that Mrs Van Pelt I think is now married to her second husband her first husband having died without issue.
Very Respectfully Yr obed Servt
R. R. Bagby

Also: Ray
Benjamin Kimbley Ray.
Left by Mr. Bagby
Rec? Feb 25 th /57.

Washington Feby. 24. 1857
James E. Heath Esq Com d of Pension Sir
I enclose herewith, an application for bounty Land. in the case of Benjamin Kinley, dec d . who was an officer in the war of the revolution.
and remain
very respectfully
Yours S r
Alas. Day

In a Copy of a list of Captains and Subaltern Officers of Genl. Scotts Brigade who were left out of the Army Arrangement as Supernumeraries, Prisoners of War and for other causes September 14 th 1798. furnished by the Department of State the 26 th June 1844 and now on file in this Office, the following named Officers of the 8 th Virginia Regiment appear as supernumeraries. to wit—
Captains — Robert Higgins — James Craig — James Higgins — Lieutenants — Benjamin Kinley — John Clark — Reuben Field — Jonathan Smith —

Know all men by these presents. That we the undersigned heirs at law of Benjamin Berry who was the only heir at law of Benjamin Kinley who was a Captain in the war of the Revolution, do hereby authorize and empower R. B. Bagley of the County of King and Queen and State of Virginia our true and lawful attorney to surrender to the Secretary of the In- terior or the Secretary of War, (or to any other person authorized to receive the same) of the United States, any and all Bounty Land Warrants issued, or to be issued, for us or in our names, or on account of the Revolu- tionary Services of said Benjamin Kinley - and to receive in lieu thereof, or satisfaction therefor any and all Certificates of Debit or other equivalent, to sell, trans- fer, and assign in the same manner, that we could do if personally present, and all the acts of our said agent and attorney, agreeing with the premises, we will ratify and confirm by these presents,
Witness our hand & sealed
This 30 th day of December 1850
Test
Archibald K Berry (Seal) David Berry (Seal) George H. Berry (his mark) (Seal) John F. Berry (Seal) (Seal)

Ellen her Swartz mark
Seal Seal Seal Seal Seal Seal Seal
Julia Catherine Vanspelt Rhoda Fulo Phebe J Freed
State of Virginia County of Rockingham } ss
On this 30 th day of December 1850 personally appeared before me a Justice of the Peace in and for the State and County aforesaid Abraham B. Berry David Berry & George H. Berry
Who signed and acknowledged the foregoing power of attorney to be their acts and deed & I further cer- tify that they are all of lawful age. Witness my hand & sealed this 30 th day of December 1850.
David R. Hopkins
State of Virginia County of Rockingham } ss
On this the 2 nd day of January 1851 personally appeared before me a Justice of the Peace in and for the State and County aforesaid John S. Berry and signed and acknowledged the foregoing power of attorney to be his act and deed & I fur-

- then certify that he is of lawful age. Witness my hand and seal this 2 nd day of September 1851
C. G. Brown
State of Virginia
County of Rockingham
of January
1851 this 10 th day
before the subscriber a justice of the
peace for said County
Julian T. Vansant & Eliza Swatz
acknowledged the foregoing
power of attorney to be their
act and deed and further
certify they are of lawful
age. Witness my hand and seal
this 10 th day of January 1851
J. Vansant
State of Virginia
Rocky Land County (to wit)
On the 22 nd day of January 1851
personally appeared before me a justice of the peace for the County and State of Virginia Rhoda Fuls & Phoebe Jane Head and signed and acknowledged the foregoing power of attorney to be their act and deed, and I further certify that they the said Rhoda Fuls and P. J. Head are of lawful age. Witness my hand and seal
J. G. Brown

State of Virginia
Rockingham County
S. H.
I, Erasmus Coffman Clerk of Rockingham County in the State of Virginia do hereby certify that David R. Hopkins, J. G. Brown, and J. Sternberger before whom the foregoing power of attorney was acknowledged are acting Justices of the Peace in and for the County aforesaid, duly commissioned and qualified, that the foregoing signatures purporting to be theirs are genuine, and that full faith and credit is and ought to be given to all their Official acts as well without as within Court.
In Testimony whereof I have hereunto set my hand and affixed the seal of my County aforesaid the 23 rd day of January 1851 in the 75 th year of the Commonwealth.
Erasmus Coffman