Revolutionary War Pension and Bounty Land Warrant Application File R. 7,583, for William Nellis, New York

SERVICE
NEW YORK
Nellis, William Mary
NUMBER _____
R. 7583
CONTENTS

William Nettles Married to Mary Waggoner the 28 th of April in the year of our Lord one thousand seven hundred and Eighty Six. 23 years when married

V no 7896 Mary Ellis N.Y.
Act. 7 July '38
Hon. J. Sanford N.Y.
J.R. [unclear] Elizabeth

Declaration
In order to obtain the benefit of the act of Congress of the 7 th July 1838 entitled "An act granting half pay and pensions to certain widows"
State of New York } Montgomery County }
On this 29 th day of January 1841 personally appeared before the undersigned a Judge of the Court of Common Pleas in and for said County Mary Nellis a resident of the town of Palatine in the said County aged Seventy Eight years who being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed July 7 th 1838 entitled "An act granting half pay and pensions to certain widows." That she is the widow of William Nellis who was a private in the army of the Revolution and served as set forth in the accompanying documents. This Declarant is unable of her own personal knowledge to specify the particulars of the services of her said husband as she was not married to him until after the war of said Revolution but she has frequently and credibly been informed that he did serve on various occasions during said war, and she has reason to believe that reference being had to records at the war Department and the testimony herewith accompanying sufficient proof will appear of the services of her said husband and on which she rests her claim for such an allowance by way of pension as shall be found just and equitable according to the provisions of the said act of Congress. She further declares that during said war her husband resided in the town of Palatine aforesaid. That she was married to him the said William Nellis on the twenty eighth day of April Seventeen hundred and Eighty six in the town of Palatine aforesaid by the Reverend Mr Rosecrantz that her maiden name was Mary Waggoner and that previous to her marriage she resided in said town of Palatine. That her husband the aforesaid William Nellis died on the twenty third day of June Eighteen hundred and twenty one. That she was not married to him prior to his leaving the service but the marriage took place previous to the first of January Seventeen hundred and Ninety four viz at the time above stated. Sworn to and subscribed on the day
in a year above written before me Mary Nellis
Stephen Yates Judge of Montgomery
County Court & of the degree of Counselor in the Sup. Court
I hereby certify that I have full confidence in the above declaration of Mary Nellis and believe that the facts related by her in her said declaration are true and correct that she is in all respects reputable. That she is unable to appear in Court by reason of age and infirmity
Stephen Yates Judge of Montgomery
County Court & of the degree of Counselor in the Supreme Court

Montgomery County Clerks office
Sp. J Henry Cook Clerk of the County of Montgomery do hereby certify that Stephen Yates whose name is subscribed to the within Certificate was at the date of the within declaration & Certificate a Judge of the Montgomery County Courts of Common Pleas duly appointed and authorized to act as such Judge, and that I am well acquainted with the hand writing of said Stephen Yates, and that the within signature purporting to be his is genuine. In testimony whereof I have hereunto set my name and affixed the Seal of the Court of Common Pleas of the County of Montgomery the 16th day of March 1841.
J. Cook, Clerk
ms 259

State of New York } Fulton County }
On this 28 th day of January 1841 personally Appeared before the undersigned a Justice of the peace in and for said County Joseph Waggoner who being duly sworn doth depose and swear that he is Eighty one years of age and is a pensioner of the United States. That he was well acquainted with William Nellis in the Revolutionary war and from that time until the time of his death. That the said William Nellis was several years older than him this deponent. That at the commencement of the war of the revolution he was a man of the age of about Eighteen years and was enrolled in the Company of Captain John Hoss and was engaged in the service of the United States from the commencement to the close of the war whenever ordered on duty as a private or non commissioned officer in the Militia but the particular tours of the said William Nellis he this deponent will not now pretend to specify. but that he served in various tours and was a true friend to his Country he this deponent knows of his own knowledge, and this deponent further swears that he was also well acquainted with Mary Nellis as well before her marriage as since. That the said Mary is sister to this deponent and was married to the said William Nellis shortly after the close of the said Revolutionary war and since his death has ever since to this day remained his widow and as he is credibly informed now applies for a pension for the services of her husband the said William Nellis. and further he deponent sworn to and subscribed this 28 th day of January 1841 before me
Thomas R. Benedict Justice
Joseph Waggoner

State of New York Fulton County
On this 25 th day of February 1841 personally appeared before the undersigned a Justice of the peace in and for said County Peter Sills who being duly sworn doth depose and swear that he is Eighty years of age and is a pensioner of the United States for services rendered during the Revolutionary war. That he was well acquainted with William Sills during said war and until his death, that his deponent in the year 1777 was ordered and marched with the regiment of Militia commanded by Colonel Jacob Klock of Tryon County to Briskany and was in that battle under General Nicholas Herkimer That the said William Sills was also in the same battle and performed the same tour in the same Company and under the above named Colonel Klock and General Herkimer with this deponent, that the Captain's name was Fox and if the memory of deponent serves him his Christian name was William, and the length of the tour this deponent does not at this late hour recollect And further he says not
Subscribed and sworn to this 25 th day of February 1841 before me Thomas R. Benedict Justice
his Peter Sills Mark
I. Certify that the above named Peter Sills is a man of trust and is in all respects a credible witness
Thomas R. Benedict Justice

Peter Lilly
for William Bell
31

In pursuance of a law passed the 27th day of April, 1784, entitled "An act for the settlement of the pay of the Levies and Militia, for their services in the late War, and for other purposes therein mentioned," the following certificates have been issued, bearing interest at five per cent per annum, viz :
   1 1779 Dec r 4 1262 William Nellis Gre 1 1 4   2 1779 Dec r 4 1310 William Nellis " 0 14 22 1/2   3 1779 Aug t 6 1345 William Nellis " 1 1 3   4 1782 July 20 11393 William Nellis " 3 2 2   5 1782 Sept 12 11487 William Nellis " 0 8 10   6 1779 Dec r 31 18686 W m Nellis " 0 14 2   7 1782 Oct r 26 38329 William Nellis " 2 9 9 1/4   8 1782 Oct r 26 38354 Will Nellis " 4 14 2 1/2  
STATE OF NEW-YORK, COMPTROLLER'S OFFICE, Albany, February 17 1841.
I hereby certify the above to be true extracts from Book No. 1. 3.488 now remaining in this office, and that the service for which the certificates above named were issued, were performed under the following officers, viz :
   First—under Capt. John Nep in Col. Jacob Klock Regiment.   Second, " " John Nep " " Jacob Klock "   Third, " " John Nep " " Jacob Klock "   Fourth, " " Adams Diepe St d Sam d Olyde's "   Fifth, " " Nicholas Heeser " " Sam d Olyde's "   Sixth, " " John Cayss " " Peter Wagener's "   Seventh, " " Philip Melmer in " Jacob Klock's "   Eighth, " " Peter Wagner " " Jacob Klock's "  
Peter Wagener was a St Col d under Col d Jacob Klock
M c Intire Dip. Comptroller

State of New York } Fulton County }
On this 28 th day of January 1841 personally appeared before the undersigned a Justice of the peace in and for said County Jacob M. Nellis who being duly sworn doth depose and swear that he is the son of William Nellis that he entered the annexed Marriage record of the Marriage of William Nellis and Mary Waggoner in the family Bible of his father the said William Nellis at the time of his death or shortly thereafter, and that the same has remained a record in the family since that time to this day, and he further swears that the said William Nellis died on the twenty third day of June Eighteen hundred and twenty one and that the said Mary the mother of this deponent has ever since remained and now remains the widow of the aforesaid William Nellis
Sworn to and subscribed this
Jacob M. Nellis
28 th January 1841 before me
Thomas R. Benedict Justice
I certify that the above named Jacob M. Nellis is a man of truth and veracity and that his statement is entitled to full credit. And I further certify that the word "the" in the above affidavit was blurred before execution
Thomas R. Benedict Justice
State of New York } Fulton County } Clerk's office
I Tobias H. Stoutenburgh Clerk of the said County of Fulton do hereby certify that Thomas R. Benedict whose name is subscribed to the foregoing & attached certificates & affidavits was on the days of the date thereof a Justice of the peace in and for said County and that said several signatures purporting to be his are genuine. Witness my hand & seal of said County this 26 th day of June 1841.
T. H. Stoutenburgh

TO THE HON. THE COMMISSIONER OF PENSIONS:
I hereby appoint Mr. Giles F. Yates, of Schenectady, N. Y., as my true and lawful attorney, with power of substitution, to prosecute before you the claim of My Mother Mary Nellis Widow of William
Nellis for a pension under the act of 7th July 1838
and I hereby revoke all powers of attorney by me at any time heretofore made.
You will be pleased to allow him, or his substitute, to examine the papers on file in your office relating to this claim. Witness my hand and seal, this Twenty fifth day of September 1852.
Garit Nellis J. P.
Signed, sealed and acknowledged before me— 25 th day of September 1852 J. W. Hamilton J.P.

STATE OF NEW-YORK. } ss. Montgomery County Clerk's Office. }
Clerk of said County, do hereby certify that James W. Hamilton Esquire, whose name is subscribed to the certificate of proof or acknowledgment to which this is annexed, was on the date of the same a JUSTICE OF THE PEACE, in and for said County, and dwelling in said County, duly qualified, and authorized by law to take the same, and that the said certificate of proof, &c., is taken according to the laws of this State. And further, that I am well acquainted with the hand writing of said JUSTICE, and verily believe his signature to the said Certificate is genuine.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name, and affixed my official seal, at FONDA, this 21 st day of Sept 1852.
J. W. Van Derveer Clerk.

1890
NY
Mary Wells
William
William J. Davis July 12/90
75-83
act 7 July 38

Acts of July 14, 1862, and March 3, 1873.
1088
RECEIVED
1852-1853 - Mr. Milo Miller and Capt. Allen See orders in Mr. Miller's P. 5825 - M.D. 4
P. O. Mary Miller Service: wid. of William
Enlisted: _____, 18
Discharged: _____, 18
Application filed: 1852 Rejected and suspended Pensions
Alleges: Book gives Reasons for suspension:
Re-enlisted: "for proof of identity with
the service credited to the same name on the controller's
Attorney: certificate."
P. O. _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____, 18

J. L. Edwards Esq
Commissioner of Pensions.
Sir.
In the matter of the application of Mary Nellis widow of William Nellis under the act of 7 th July 1838. —
At the request of Thos. R. Benedict Esq Agent for the above named widow, I forward to you an original Mustering Roll of Captain John Winn's Company of Rangers; on which occurs the name of her husband William Nellis. She wishes the evi- dence furnished by this Roll, of the services of said Nellis to be made available in the above matter.
I am very respectfully Your obed Servt
Giles F. Harker.
June 18 th 1842 —

How J. Sanford
July 17. 41
OC

Dear Sir July 17.
41
Sir
I have the honor to inform you that the claim of Mary Willis has been examined & her papers filed under the act of 7. July 35.
In relation to the service it may be remarked that neither the declaration nor evidence sets forth any terms of service except such as was rendered under Capt. Hef. and it is very clear that the certificate of the Compt. embraces the services of at least two persons of the same name — One was under Capt. Helmer & the other under Capt. Wagner of Klock's Regt. on 26 th Oct. 1782 — The first receiving £2.9.9 3/4. & the other £4.14 2 1/2 for the tour at that time — It is therefore impracticable to decide understandingly what terms embraced in the certificate of the Compt. except those under Capt. Hef should be allowed to the claimant —
Nor can she avail herself of the entry of "Jacob Timmerman exchanged him for Mrs. Willis" on the roll of Capt. Winns Company of Rangers in '76 without asserting a claim for that term

and adducing satisfactory evidence that her late husband was the individual who served agreeably to that entry on the roll.
The family Register is too recent to be regarded as evidence in relation to a fact transpiring more than 50 years ago.
In the case of Mrs. Elizabeth Nellis dec d ? the same objection as to the declaration & evidence applies.
The service claimed for is not fully disclosed & a certificate of the Compt r shewing various short terms of service credited to the common name of Geo Nellis relied upon. of these two were of the same name
in service at the same time 30 th Dec r 1779 one under Capt House
for Block and the other under Capt Layser for Magazine. The same difficulty occurs in ascertaining what portion should be credited
to her late husband. The service in 1780 (more than 3 mo) is not consistent with the evidence which would make him a bateauman for that year. The allowance for captivity cannot
be made availably  avail unless the term of service in which he was taken prisoner is duly established.
It appears that the claimant was 89 years old when she made her declaration. It is desired that the state of her faculties & her bodily condition should be certified by the Physician who was,

in the habit of attending her - No reason is assigned for the long delay of presenting her claim
Hon: J. Sanford H. R.