Revolutionary War Pension and Bounty Land Warrant Application File W. 15932, for John Nestor, New Jersey

SERVICE
NUMBER
New Jersey
Nestor, John or Nesty Phebe
W. 15932
CONTENTS

1889 Jany 29 John V Sharp - Heirs not entitled & for a pension apply to soldiers home - Prior surviving children
David Nestor Wm Nestor & Abigail Pierce
4904 New York. Phoebe Nestor decd. widow of John Nestor who died on the 31 st August 1817. of in the State of who was a Private in the Comp y commanded by Captain Pratt of the commanded by in the line for N.Y.
Inscribed on the Roll of New York at the rate of 80 Dollars 00 Cents per annum, to commence on the 4 th day of March, 1831 & end 3 rd Aug t 1847 when she died.
Certificate of Pension issued the 26 th day of October 1849 and sent to C. A. Lay, Williamstown N.Y.
Arrears to the 4th of Semi-annual allowance ending
Recorded by Book C Vol. 1 Revolutionary Claim, Act July 4, 1836. Section the H. S. Clerk, Page 124

V H 366 Phebe Vestor N.Y. Act 4 July 36-
Married
Husband died 31 Aug 1817
No deduction

State of New York City & County of New York } S.S.
In open court: On this twentieth day of February A.D. Eighteen hundred and thirty nine, personally appeared before the Marine Court of said city, Phoebe Hestor, a resident of said city, aged seventy six 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 4 th 1836: That she is the widow of John Hestor, who was a private in the service of the United States in the revolutionary war; that she refers to the documentary evidence accompanying this declaration for the particulars of her said husband's services: she further declares that she was married to the said John Hestor in the Month of September in the year Seventeen hundred and Eighty two; That her said husband, the aforesaid John Hestor, died on the thirty first day of August in the year Eighteen hundred and seventeen. and that she has remained a widow ever since that period
Sworn to and subscribed on the day and year above written before
J. M. [unclear] Justice of the Marine Court
Phoebe X Hestor

State of New York City and County of New York } ss.
John N. Sharp, of said city, being duly sworn according to law, doth depose and say that he is well acquainted with Phoebe Vestor who has made the foregoing declaration; That he has been acquainted with her for several years and believes her to be a woman of truth and veracity.
Sworn and subscribed
this 20 th day of John N. Sharp
February A.D. 1839 before
J. M. [unclear] Justice of the Peace
I know all men by these presents, That I, Phoebe Vestor do hereby constitute and appoint Isaac L. Kibble of the City of New York, my true and lawful Attorney to take the necessary measures to procure for me a pension from the United States.
Sealed and subscribed this day of February 1839 before me
Phoebe Vestor Seal
John N. Sharp J. M. [unclear] Justice of the Peace

State of New York } City & County of New York } ss.
I John B. Scott
one of the Justices of the Marine Court of said city, do certify that satisfactory evidence has been exhibited before me to prove that Phoebe Astor who hath made the foregoing declaration, is a person of truth and veracity, and as such, entitled to full credit.
Dated this 20 th day of February 1839
J. B. Scott Justice of the Court
In open Court I John Barberie Clerk of the Marine Court of the City of New York, do hereby certify that John B. Scott  Esquire is a Justice of said Court and that the above are his genuine signatures. and that the said Court is a Court of Record.
In Witness whereof I have hereunto affixed the Seal of said Court and subscribed my name this twentieth day of February 1839
John Barberie
3

State of New York } City & County of New York } ss.
I, James B Scott
one of the Justices of the Marine Court of said city, do certify that satisfactory evidence has been exhibited before me to prove that Phoebe Astor who hath made the foregoing declaration, is a person of truth and veracity, and as such, entitled to full credit.
Dated this 20 th day of February 1839
James B Scott Justice of the Court.
In open Court I, John Barberie Clerk of the Marine Court of the City of New York, do hereby certify that James B Scott Esquire is a Justice of said Court and that the above are his genuine signatures. and that the said Court is a Court of Record.
In Witness whereof I have hereunto affixed the Seal of said Court and subscribed my name this twentieth day of February 1839
John Barberie Clerk

STATE OF NEW-YORK, CITY AND COUNTY OF NEW-YORK, } ss.
I, James Conner, Clerk of the City and County of New-York,
That Edward W. Bishop DO HEREBY CERTIFY, deposition was taken, was, at the time of taking the same, a Commissioner Seeds 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 County, the 2 day of August 184 5
James Conner
Clerk.

Husband died 31 Augt 1817
admitted certificate will issue when it is shown whether she is living or not $80 per ann provided com 14 March 1831 to 31 Augt 1847 when she died. children David Newton William Newton & Abigail Hourse.
Cop Pict for June 1781 while living by the law
Rate Co. 15 M 3 1/2
not then that he was also a full member of the church for the 1782 to 1783 Jan 1783 and 1784 for the 1784 to 1785
C. A. Lay Williamsburgh N.Y.
1871

State of New York.
City and County of New York } Js.
David Nestor of No. 32 211 Troy Street, in said City, being duly sworn, says that he is the eldest Child of Phoebe Nestor who is now residing in the City of New York, and who is claiming a pension on account of the Revolutionary services of her late husband John Nestor, deceased, who was this deponent's father. That the original name was "Nesty" but for some twenty five or thirty years, the name has been called and spelt Nestor.
And this deponent further says that the annexed is his original family records, which is mostly made in his hand writing, and has always been kept in his family bible in his possession, and that he, this deponent is the identical person, which said record shows to have been born, on the twenty fourth day of January, in the year seventeen hundred and eighty two, which insertion was made by him about the time of his marriage in 1808, and which expresses to the best of his knowledge information and belief his true and exact age.
And this deponent further says that his father the said John Nestor, or "Nesty" as the name is now called, was a native of Springfield Essex County New Jersey and it is a matter well known, that he served in one of the Continental Reg'ts of that State during the war.
Sworn to and subscribed this 11 th day of August 1845, before me Edward W. Bush
David Nestor
Commissioner of Deeds
for City & County of New York
City Hall and Open Fields. I certify that the above named David Nestor has been found to my satisfaction to be a person entitled to a pension
New York
Aug. 1. 1845
Edward W. Bush

I David Whitehead do on oath testify as follows. I am, now aged 83 years and upwards. In the Revolutionary war I resided at Springfield, Essex County New Jersey. I was well acquainted with John Nester, who then lived above Springfield in the same County and I do well remember he was a soldier in the service in the Revolutionary war in the Militia and I believe he was also in the Continental service, having no abstract. I also well remember that I was present at the time of the marriage of the said John Nester, to Phebe, her last name I do not now remember. Said marriage took place at Springfield at the house of Mr Coe, in the fall of the year seventeen hundred and eighty one, or 82 as I well remember for I well remember it took place the year after the burning of Springfield, their eldest child was born soon after the marriage, in less than 9 months, from the time of marriage. Parson Van Bock married them, I have been well acquainted with her since and know that she the said Phebe, and her said husband, lived together as husband and wife and I have lately seen the said Phebe who is now residing in New York, and is I understand claiming a Pension.
David Whitehead Y 83 - 10 - 5
State of New York
On this 21 st day of March 1845
I, James Conner, Clerk of the City and County of New-York,
That James Harper DO HEREBY CERTIFY, deposition was taken, was, at the time of taking the same, before whom the annexed the Mayor 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 Mayor thereunto subscribed is genuine.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed the Seal of the said County, the 21 st day of March 1845
James C.
appeared before a Subscribed, and law to the official I do further my Satisfaction
Spencer City Mayor

I David Whitehead do on oath testify as follows. I am, now aged 83 years and upwards. In the Revolutionary war I resided at Springfield, Essex County New Jersey, I was well acquainted with John Nester, who then lived above Springfield in the same County and I do well remember he was a soldier in the service in the Revolutionary war in the Militia and I believe he was also in the Continental service, having no discharge. I also well remember that I was present at the time of the marriage of the said John Nester, to Phebe, (her last name I do not now remember) said marriage took place at Springfield at the house of Mr Coe, in the fall of the year seventeen hundred and eighty one, or two as I well remember for I well remember it took place the year after the burning of Springfield, their eldest child was born soon after the marriage, in less than 9 months, from the time of marriage. Parson Van Bock married them, I have been well acquainted with her since and know that she the said Phebe, and her said husband, lived together as husband and wife and I have lately seen the said Phebe who is now residing in New York, and is I understand claiming a Pension.
David Whitehead Y 83 - 10 - 5
State of New York City and County of New York ss. On this 21 st day of March 1845 - me the undersigned David Whitehead above subscribed, and and made solemn oath in due form of law to the affiant above to which his name is subscribed, and I do further certify that said David Whitehead appears to my satisfaction to be a credible witness of the premises.
James Harper Mayor of the City of New York

FAMILY RECORD.
MARRIAGES.
MARRIAGES.
David Westby was married to Sarah. Wed Jan 30 1808
Mary H Westby married to Mr. Smith in New York Mch 18 1811

FAMILY RECORD.
BIRTHS.
BIRTHS.
David Nester was born January 22 1782
Sarah Nester was born February 22 1792
Elizabeth Nester's sister was born the 10 th day of April in the year of our Lord 1819
William Henry Clay-Pirtle
Was Born February 11. 1838 And was Baptized November 15 1840
Amanda Nester was born September 26 1827
David Thomas Sutton Nester was born October the 20 th in the year of our Lord 1829
George Ward Boyd, Sister Was born June 17 th 1830
Henrietta Nester Born May 20 th 1834

FAMILY RECORD.
BIRTHS.
DEATHS.
Daron States Kestly was Born the 25 of august 1809 Henry Alexander D. Kestly Was born April 19 1812 Francis E. Kestly was born January 14 1815 Mary Woy. Kestly was born January 27 1816
Abbie Liza Ann Kestly was Born the 10 day of April in the year of our Lord 1819
Sarah Francis Kestly Was Born February 19 in the year of our Lord 1822
Francis E. Kestly Died February 1 1815 Henry A. Kestly Died 31 st August 1826 in the 15 th Year of his age

FAMILY RECORD.
DEATHS.
Sarah Elizabeth Brantley was Born Oct 10 1936 and Died the same day
DEATHS.
John Vesty Jr Died November 27 1814 John Vesty Died September September 4 1814 William G Hull Died 1820
Henry A Newton Died 31st Augst 1826

City and County of New York ss.
Abigail Force being duly sworn says that she resides at No 103. Thompson Street in the City of New York that she is the daughter of Phebe Nestor late of the City of New York deceased, who was the widow of John Nestor; that her mother the aforesaid Phebe Nestor was an applicant for a Pension from the Government of the United States on account of the Revolutionary services of her deceased husband John Nestor. And this deponent further says that her mother the aforesaid Phebe Nestor died on the Third day of August, in the year of our Lord, one thousand eight hundred and forty seven, and left three children her surviving, whose names are, William Nestor, and David Nestor, and this deponent (Abigail Force), who are all the children she left surviving, and that they are all yet surviving and are above the age of twenty one years. And this deponent further says that she, and her two brothers above named claim such arrearages of pension as may be decided to have been due her their deceased mother, the aforesaid Phebe Nestor.
Abigail Force
Sworn in Open Court This 2 nd letter day of September 1849
Isaac Dayton Clerk of the Superior Court
City and County of New York ss. John N Sharp being duly sworn says that he is by occupation a Seweller, and resides at No 308 - Eighth Avenue in the City of New York, that he was well acquainted with Phebe Nestor referred to in the proceeding affidavit, that he was her Grand Son, and knows that she was an applicant for a pension, in her lifetime, and knows that she died on, or about the 3 rd day of August 1847, and that she left three children, (and three only) her surviving, whose names are, William Nestor, David Nestor, and Abigail Force who are all above the age of twenty one years.
John N Sharp
Sworn in Open Court This 2 nd letter day of September 1849
Isaac Dayton
Clerk of the Superior Court

James Lynch a Justice of The Marine Court of the City of New York the testimony of the witness
STATE OF NEW-YORK. CITY AND COUNTY OF NEW-YORK, } ss.
I, James Conner , CLERK of the City and County of New-York, and also CLERK of the Court of Common Pleas, for the said City and County, being a Court of record, DO HEREBY CERTIFY, That James Lynch before whom the annexed deposition was taken, was at the time of taking the same, a Justice of the Marine Court for said City and County, duly appointed and sworn, and that his signature thereto is genuine, as I verily believe.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed the Seal of the said Court and County, the 26 th day of Sept r 1849
James Conner Clerk.
not

James Lynch a Justice of The Marine Court of the City of New York Having heard the testimony given by the within named Abigail Force and John N. Sharp in open Court do hereby certify as the opinion of The court that the matters therein stated are fairly and fully substantiated as true -
James Lynch
Justice of the Marine Court of the City of New York

DEPARTMENT OF THE INTERIOR.
Claim for Military Service.
I certify that, in conformity with the law of the United States, of the 4 th July 1836, Phoebe Kester dec d late of New York, widow of John Kester, who was a private in the Revolution and died August 31 st 1817, is inscribed on the roll of Pensions at the rate of Eighty dollars per annum, commencing 4 th March 1831, and ending 3 rd August 1847, the day of her death.
The amount is due & payable to her only surviving Children, viz David Kester, William Kester, and Abigail Force
Given at the Department of the Interior, this 26 th day of October one thousand eight hundred and forty-nine
Examined and Countersigned.
Secretary of the Interior.
Commissioner of Pensions.

John Neatler - Ohio, at 1818 on Roll Book B.

John Astor - pri. N. J. Line - Bountly Land?
Smc
1849 1/2 1850 2
A land warrant dated the 6 th March 1849 to John Astor for a part of the N. Jersey Land.

Ph. 9. 22. 1870
John Newton
Newton
for 1870
John Newton
Pittsburgh Co. Pa. 1870
1870
John Newton
St. Louis Mo. Oct 70
on 20th day of Oct 1870
at the residence of
John Newton
1870

Ill 6 P. A. Lay left 6:45 do. to same Oct. 22 d 1845 W. S. Atkinson 9 clank 1846 Col. Lay. Oct 13. 1846 vans much 5/47 Same march 24/47

N. York Phebe Weston lit. to J. Kibbie 10. July 1839 " " W. Knight July 11. 1844. " " S. Stone July 18. 1845
Set July 1836

Phebe Weston
N.Y.
Suspended
let C. A. lay 5 th Augt. 1847, to same Sep 22, '49 to same Oct. 11, '49
Acte July 1836

Leavenworth Kansas
January the 21. 1888
Mr J. W. Black Washington D.C.
Sir I thought it only might be proper to give you a statement of my grandfathers record as a soldier for the U.S. Revolutionary army in the time of the Revolution were  there for nine months and he came back and his father made him go back and he served seven years of the revolution many were and I had two uncles that served in the war of 1812 they were at Sandy Hook and my oldest son Albert Sharp served in 1883 metropolitan and I had another son that was not old enough to be in the army by the name of John Sharp

and he run a way from me and inlisted under the name of John Miller he served in the ingenieur core at hilton head
my grandfathers name was John Kester and my two uncles names David and William Kester and I am in a very bad circum- stance and not able to make my living if you could help me in getting a pension or admitted in the national home here at Leavenworth you would do me a great favour as I am unable to make my living
Yours respectfully
John N. Sharp

Williamsburgh New York Oct: 9 th 1849
Sir
about two weeks ago I enclosed addressed to you, the further required proofs as was required by your late letter, in the case of Phebe Nestor, widow of John Nestor under the act of July 4 th 1836. and as more than the usual time has elapsed (as is required by the Department to carry into effect its decision) I am constrained to respectfully call your attention to the matter, as I have not heard any thing yet from it
I am very respectfully Your Most obed Servt G A Say

Rev
WIDOW, &c.
File No. 15932
Isaac Newton
Widow of
John Newton
1811-1812
Act July 18 1866
Index: Vol. 10 , Page 31
[Arrangement of 1870.]

New York August 2 d 1845
Sir,
Enclosed is additional proof upon which Mrs. Phebe Kistor, widow of John Kistor, "or Kisty," renews her claims for a pension. Her supplemental statement is relied on, to make out the identity between the soldier, and her said husband, and if the Muster and Pay rolls are full and complete the Department can adjudge  on this claim with unerring  Certainty . The family record is relied on to establish the date of the marriage, together with the affidavit of Mr. Whitehead who was present on the occasion. I am aware of the fact, that if her husband was discharged in May or June 1783, that there is a discrepancy between her statement and the family records showing the birth of the eldest child to be born in Jan'y. 1782. That is a matter that can be reconciled by the Muster Rolls, for she says he came from the Camp on the day that child was born, and did not return again. Hence if the Muster Roll show that he left the Camp on the 22 d day of January 1783, then it will be evident that the record is erroneous as to the year of the birth of the eldest child, and inasmuch as she is yet a very intelligent woman and her statement is carefully made I feel confident that she is correct. I have no knowledge what the difficulties in this case are, but I am informed by her that further proof of the marriage, and of the identity of her husband is wanting. If there is the difficulty you can now pass on this claim with the most unerring certainty.
I am very respectfully Your obedient Servant J. A. Lay N. York City.
J. L. Edwards Esquire } Counsel of Pensions }

State of New Jersey } ss: County of Essex. }
Esther Tuen and Phoebe Root  and — — — of said County, being duly sworn, depose and say, that they were  the  were well acquainted with Phoebe Hester  Hester  after prior to her marriage with John Hester. and lived in the same village of Springfield, with said Phoebe, Hester . That deponents were  was not present at the marriage of said Phoebe with John Hester, but have  has a perfect recollection of the time when said marriage took place, from hearing of the same at that time, in  in  the  the fall of the year 17 or That the Rev. Mr. Van Woodale was at that time the Clergyman of the village.
That deponents were  was also well acquainted with John Hester, who married said Phoebe Hester: that they were  the  were  was acquainted with him previous to said marriage, and for years afterwards. That they  she knows the fact that said John and Phoebe lived together as man and wife, and distinctly recollects the birth of a child to them in the year — which child was a son and named David.
Sworn and subscribed before me Esther Tuen This 15 th day of February 1839 }
William Leffingwell the Rev in and for the County of Essex }

State of New Jersey, County of Essex ss - I Elias Van Arsdale Jun. Clerk of the County of Essex Do hereby certify that William Lee before whom the foregoing affidavit of Esther Lee was made & taken, at the time of taking the same was & still is a Justice of the Peace in & for said County, duly commissioned & sworn and that the signature "William Lee" affixed to the affidavit of said Affidavit is genuine - In Testimony Whereof I have hereunto set my hand & seal of Office at Newark in said County the Sixteenth day of February A.D. Eighteen hundred & thirty nine - E Van Arsdale J Clerk

Williamsburgh
New York Oct. 24. 1849.
Sir,
On the 15 th inst. I mailed to you the further required proof in the case of Phoebe Dister dec d per act of July 4 th 1836. The proof was required in order that the dept might carry into effect its late decision on the case and not having heard from it within a reasonable time the attention of the Dept is respectfully called to the matter.
I am respectfully,
Your Most obed Servt
C A Lay
A. L. Edwards Esq. } Comm te of Pensions }

Williamsburgh N. York
Sept. 27. 1849.
Sir,
I herewith enclose you the further required proof in the case of Mrs. Phebe Vestor dec d referred to in your letter of the 22 d inst. as having been allowed.
Inasmuch as the Department permitted this case to lay unadjusted for more than three years, I sincerely hope it will immediately carry its favorable decision into effect.
I am very respectfully
Your Most Obedt Servt
C A Lay
J. L. Edwards Esquire Commrsr of Pensions
P.S. The department will perceive that the claimant furnished proof of life in Nov. previous to her death.
C A L.

Depositions of Gabriel H. Ford Esq & William Martin

State of New Jersey, Morris County ss: Before David Day Esquire one of the Justices of the peace for the said county of Morris, this first day of November eighteen hundred and thirty eight, personally appeared Gabriel H. Post Esq: of Morristown in said county, who being duly sworn de- poseth and saith, that he was personally ac- quainted with John Nestor the elder, and his wife, during the years eighteen hundred and thirteen eighteen hundred and fourteen and eighteen hundred and fifteen, and that during said time they lived and cohabited as husband and wife, and were generally reputed to be so, and were considered as such by their se- friends, and that he never heard it doubted or questioned. That this deponent employed the said John Nestor very often in the course of those three years, and his wife was occasionally hired in this deponent's house, by the name of Mrs Nestor, without knowing her christian name. That the said John Nestor had three sons by the names of David, Samuel and William, who were universally reputed to be the children of the said John Nestor and his aforesaid wife; That the said David Nestor, one of said sons, and his wife, lived on this deponent's  my farm and conducted the business of it, from the spring of eighteen hun- dred and ten, till the spring of eighteen hun- dred and seventeen, during all which time he the said David occasionally received and entertained at his house the aforesaid John Nestor and his wife, at his his  his parents and this deponent al- ways supposed them to be his lawfully mar- ried parents; this deponent  and was also well acquainted with their two other sons, Samuel & William, the brothers of David Nestor - And further saith not -
Gab H Post
Sworn the day & year first above mentioned before me
David Day,

State of New Jersey
Morris County ss.
Before me David Day Esquire one of the Justices of the peace in and for the County of Morris aforesaid personally appeared William Martin of Morristown in the County of Morris who being duly sworn deposeth and saith that he was personally acquainted with John Nester the elder and his wife on or about the years eighteen hundred & thirteen eighteen hundred and fourteen and eighteen hundred and fifteen and that during that time they lived together as husband and wife and were generally reputed to be so, and were considered as such by this deponent and that he never heard it doubted or questioned. That this deponent hired the said John Nester to dig Garden and that this deponent knew the wife of the said John Nester by the name of Mrs Nester without knowing her Christian name. That the said John Nester had four sons by the names of David, Samuel, John and William who were universally reputed to be the children of the said John Nester and his aforesaid wife and this deponent always supposed the said David, Samuel, John & William the lawful children of the said John Nester & wife and supposed the said said John Nester and wife to be married and further saith not
Wm Martin
Subscribed & sworn before me the first day of November eighteen hundred & thirty eight David Day
State of New Jersey Morris County ss
I David B Hand Clerk of the Superior Court of Common Pleas in and for said the County of Morris aforesaid do hereby certify that the affidavit taken by David
Day Esquire a Justice of the Peace of the said County is duly commissioned and sworn and that full faith and credit is due to all his official acts
Novm. 1. 1838
David B Hand Clerk

Abstract of Pay Rolls discharged by Isaac Halsey Paymaster to the Militia of the counties of Essex & Middlesex.
   No of Rolls Date of service Regiment Officer's Name Where served under whom Amount     81 Nov 13 th 1777 1 st Essex Capt Horton Elizabethtown Col Gage £ 152 4 8   82 Sep r 20. 1777 1 st Essex Capt Horton Elizabethtown Col Sam l Porter 58 13 6   104 Mar 26. 1778 1 st Essex Capt Horton Elizabethtown Col S. Seely 214 0 8  
The United States to the State of New Jersey (6) & on account of Militia Services Big
   No of Rolls Date of service Wren Reed By whom paid To whom paid Am t in continental     83 April 25 th 1778 Isaac Halsey Capt Jno Horton £ 10 8 4   40 March 25 th 1778 Isaac Halsey Capt Jno Horton £ 23 0 0  
State of New Jersey. I James D Westcott secretary of state of the state of New Jersey do hereby certify that the foregoing are true extracts from certain accounts the first of which is headed "Abstract of Pay Rolls discharged by Isaac Halsey paymaster to the Militia of the counties of Essex & Middlesex" as taken from Book A of Audited accounts now remaining in my office, the second headed "The United States to the state of New Jersey on account of Militia Services" as taken from a book of Accounts of the State of New Jersey against the United States now remaining in my office.
The foregoing whereof I have hereunto set my hand and affixed my seal of office at the city of Trenton in said State this twenty seventh day of June A.D. eighteen hundred and thirty eight (1838)
James D. Westcott

State of New Jersey Essex County ss. }
Before me John Boget a Justice of the Peace in and for said County Personally appeared Phebe Brade of said County who being duly sworn, upon her Oath deposes and says: that she was well ac- quainted with Phebe Sutton, previous to her mar- riage with John Nestor, and lived in the same Village of Springfield, in the County of Essex and State of New Jersey where the said Phebe Sut- ton resided. that Deponent was not Present at the marriage of said Phebe Sutton with John Nestor, but has a perfect recollection of the time when said marriage took place, from hearing of the same at that time. Viz. in the fall of the year One thousand seven hundred and eighty two
That the Reverend Mr. Van Arsdale was at that time the Clergyman of that Village -
Deponent further states that she was also well acquainted with John Nestor who mar- ried said Phebe Sutton, that she was ac- quainted with him previous to said marri- age, and for years afterwards. That she knew the fact that the said John and Phebe lived to- gether as man and wife and distinctly recollects from the reputation in the neighbourhood of the Birth of a child to them
Sworn to and subscribed this 16 th day of February A.D. 1839. Before me.
John Boget Justice of the Peace
Chis Phebe + Brade mark.

State of New Jersey County of Bergen ss. I Samuel H. Perry Clerk of the Inferior Court of Common Pleas in & for said County, Do hereby certify, that John Bogert Esquire before whom the within affidavit was taken, is a Justice of the Peace in & for said County of Bergen, duly commissioned and sworn as such Justice & duly authorized to take depo- sitions & affidavits; and that the signature John Bogert to the Inat of the same is in the proper hand writing of said Justice -
In Testimony whereof I have hereunto set my name & affixed the seal of said Court at New Barbadoes in the County of Bergen aforesaid this Sixteenth day of February A.D. 1839.
Sam l H. Perry Clerk

New York March 8. 1847.
Sir,
I have received your letter of the 5th instant in the case of Mrs. Phoebe Weston together with a copy of your letter of 9th March last to Mr. Allison in this same case. These letters raises no new objections to the admission of her claim but refers to the objections raised in your letter to me of 6th September 1845. by referring to which the following is the only objection therein raised which was not waived, "it is discredited by the fact that the John Weston who served under an enlistment for the war belonged to the Second Regt. and actually received his Bounty Land in his own person in 1797; while she asserts that her husband never received Bounty Land, and worked at the farm of his Officer Col William Barker of the 3rd Regiment for some time before his discharge" I take it for granted that the objection was raised by some new Clerk in the Office, who was not correctly informed in relation to the New Jersey service, as he is wholly mistaken in supposing that Col Spencer and Major Barker belonged to the 3rd Regiment of the New Jersey Line, because the State of New Jersey never had any such Regiment in service, and besides which the Commissioners and Chief Clerk is well aware that Col Spencer commanded the Second Regiment to which Regt the Claimant swears her husband belonged and you say the rolls of that Regt bears his name, altho the name is not returning at all on the records at Trenton nor else where that it has ever been seen or had any knowledge of except from your letter of the 6th September 1845. Subsequent to the receipt of that letter I have understood from other sources that he was of the 2nd Regt. but I had no knowledge or information on that subject previous to the receipt of that letter. The Dept will see that such erroneous objections is not susceptible of being met by proof. You also say that he received his bounty Land in his own person. I take it for granted that the author of the letter did not make that assertion from his own knowledge of the fact, but simply from the fact that the warrant for his Land was issued in his name. As the law requires it to be so issued. Assuming that to be the ground upon which the assertion is made, it will be seen to amount to no contradiction as the issuing of a warrant to an Attorney is no evidence that the person in whom favor it was issued ever received it. And it is a matter pretty well ascertained that Mr. Sears to whom he executed the Power of Attorney did actually receive his Land and appropriated it to his own benefit. If her husband did actually receive his Land in his own person, it is an objection that there is no possibility of our being able to overcome, but if the fact is that his warrant only was

error in his name which would warrant an inexperienced person in assuming that the Soldier was passing himself and received it, which I apprehend was the case. Now it will I think be perceived that it is not possible to meet and overcome these "the only objections" in the case by proof, I think the Department will see the propriety of waiving your decision requiring further proof before this case could be again taken up, and make the further examination of the Rolls, which was promised to be made by your letter of the 6th of September 1845, which has not yet been made for the purpose of establishing the fact of identity in this case.
I am very respectfully
Your Obedt Servt
C. G. Lay
J. L. Edwards Esq. Attorney of Pensions

(1 st )
Master Roll of the Series raised in the first Regiment of Militia in the state of New Jersey in Essex County & Township of Elizabeth commanded by Col: Samuel Potter Esq r together with their names and Description
   Recd's Names Time of Entry Age Heights Build Where Born Complexion Eyes Hair What company belonging     35 John Veston 7 May 21 5 4 Elizabeth (S) (D) Capt Veston  
(2 nd )
X whitehead says Springfield -
A list of the Recruits raised in the first regiment of Militia in Essex County State of New Jersey Commanded by Col: Samuel Potter who are to serve nine months from the day of their joining in any of the four Reg ts Raised by the States for the service of the United States May 2 nd 1778
   Mens Names Time of Enlistment Days on Duty When March! Place of Birth No. Wounds Where joined     John Veston May 7 th 20 May 27 th Eliz Town 6 Mount Holly  
State of New Jersey
I James D. Westcott secretary of state of the state of New Jersey do hereby certify that the foregoing numbered 1 & 2 are true extracts from original papers remaining in my office the first from a paper headed "Master Roll of the Series raised in the first regiment of Militia in the state of New Jersey in Essex County Township of Elizabeth commanded by Col: Samuel Potter Esq r together with their names and description" the second headed "A list of the recruits raised in the first Regiment of Militia in Essex County State of New Jersey commanded by Col: Samuel Potter who are to serve nine months from the day of their joining in any of the four Reg ts raised by said states for the service of the United States"

May 2 nd (1778.)" as taken from and compared with the originals now remaining in my office.
In testimony whereof I have hereunto set my hand And affixed my seal of Office at the City of Trenton in said State this twenty seventh day of June A.D. eighteen hundred and thirty eight. (1838)
James D. Westcott

State of New Jersey } ss. } I, Clerk of the Supreme Court of the State of New Jersey do hereby certify that the within copy is a true copy of the original now on file in my office and of the whole thereof. In witness whereof, I have hereunto set my hand and the seal of said Court at Trenton this 10th day of November in the year of our Lord one thousand eight hundred and thirty eight.
John C. Hart
Heath Clark
Note the words to the last of his knowledge was unintelligible before executed
Sworn and Subscribed Before me this Sixth Day of November Eighteen Hundred and Eight
Not
State of New Jersey } ss. } Before me, James Hewson a justice Essex County } of the peace, in and for the said county, personally appeared Jane Steward, a lady to me well known as a highly respectable and credible woman, who being by me duly sworn according to law, on her oath saith that the former record kept by her father Jacob Vanderdale Pastor of the Presbyterian Church of Springfield in the aforesaid county fell in to her hands and was destroyed by the children said record was prior to Eighteen hundred & two and for this saith not.
Sworn and Subscribed before me this Thirteenth day of December in the year of Our Lord one Thousand eight hundred and thirty eight
James Hewson Justice of the peace
Jane Stewart

State of New Jersey County of Essex
ss. I Elias Van Andale Junr. Clerk of the County of Essex & of the Inferior Court of Common Pleas in for said County do hereby certify That Noah Clark before whom the affidavit of John B. Hart, in this mentioned was made & taken, and James Hewson before whom the annexed affidavit was made & taken, at the time when said affidavits were so made & taken, were, & the said Noah Clark & James Hewson still are Justices of the peace in for said County duly commissioned & sworn, and that the signature "Noah Clark" affixed to the jurat of the said Affidavit made & taken before him, & the signature "James Hewson" to the jurat of the annexed affidavit of Jane Stewart are genuine.
In Testimony Whereof I have hereunto subscribed my name & affixed my seal of office at Newark in said County the Thirteenth day of December A.D. Eighteen hundred and thirty eight.
E. Van Andale

New York Feb. 20 th '39
Sir
I respectfully enclose herewith the papers of Mrs. Phoebe Nestor who claims a pension for the services of her late husband, John Nestor, in the Revolutionary war -
W. M. S. S. Isaac L. Kibbie 9 Beekman St
Gen. L. Edwards Esq. Com r of Pensions

New York October 20 th 1845
Sir Sir
I have received your letter of the 6 th ulto. being a Commentary on the Case of Phebe Weston widow of John Weston, per act of July 4- 1836. I have now most respectfully to request that the additional evidence enclosed to you by me on the 2 d of August last, may be examined and filed with her other papers, and such objections as you may make (if any) to that high grade of proof may be communicated, agreeable to the established usages of the Department.
The name of all his Captains so far as the Claimant knows will be found in her original declaration.
I am very respectfully, Your most obedient servant L. A. Lay
J. L. Edwards Esq. } Commssr. of Pensions }

Sir,
New York, October 6. 1846.
I would now respectfully call your attention to the case of Mrs. Huld Foster, widow of John Foster, per Act of July 4, 1836, and ask that it may be reviewed. The claimant is unable to state positively the name of her Captain in the New Jersey Line, but her detailed statement of his whereabouts at certain designated times will enable the Department, by comparing it with the Muster Roll, to determine with unusual certainty whether her husband was, or was not the soldier of the same name returned in the 2 d Regiment.
I am very respectfully Your obed Servt C. A. Say
Dr. Richard Say Commissr of Pensions.

Williamsburgh New York October 15. 1849
Sir
I herewith enclose you the further proof required in the case of Phebe Nestor widow of John Nestor per act of July 14th 1836. The proceeding was taken in the Court of Common Pleas which I hope will prove satisfactory. I supposed the Marine Court was a Court of Record in the contemplation of the Pension laws, as so much of such business had been done there heretofore.
We did not call the gentleman who testified in the Marine Court, as you had his testimony before you and we did not think it necessary to take it again.
I hope this may occupy the only attention of the department.
I am very respectfully Your Most Obedt Servt C A Lay
J. Edwards Esquire } Commr of Pensions }

Dear Sir,
New York July 27. 1847.
You will probably remember that when I was last in your office you very kindly consented to review any of my cases that I might wish to have reviewed, and among other cases cited by me was the case of Mrs. Phebe Nestor widow of John Nestor, which was not reported, having been as I suppose overlooked, which is much to be regretted as it is evident that the examining Clerk committed some errors in the examination of his case as was reported to me on the 6th September 1845. A further examination of her case was promised upon her furnishing the name of her Captain under whom he served during his enlistment for the war. Now the fact is she has stated the names of all the Captains that she had any knowledge of his having served under, but whether she has stated the name of such Captain among them I don't know, as I do not know who his capt. was myself, and I don't think that her inability to state the name of her Captain should ought to be a bar to her receiving the benefit of the proof afforded by the Muster Rolls in the Office, which of course shews the name of her Captain. I relied only  wholly on the Muster Rolls corroborating her to make out the identity, which appears to be the only difficulty in the case, and it does appear to me to be unfair to withhold from her the benefit of such proof if she cannot state the name of her Captain. It is said that Col. Spencer, under whom she swears he served under his enlistment for the war belonged to the 5th Regt. and her husband's name is found in the 2 d Regt. then I don't know

which is the grounds upon which his identity is doubted Now her husband did not enlist until 1779 for the war and from that time until the end of the war I understand from original records of the fort that Col Spencer was of the 2 d Reg t but that the Commis rs will not admit nor does he deny it. Now You know all about that matter, and you would confer a favor if you would when most convenient take up this case and give it a close examination and compare her detailed statement of his whereabouts at various different times, with the Muster Rolls and decide on the identity, which I believe is the only question, to be decided. This Claimant is still living and is in very indigent circumstances, and so far as I am able to judge there is not the least doubt of the identity of the soldier of the 2 d Reg t being her husband. — but the Rolls should ought to shew, that fact conclusively, as she states the time he finally left the camp Camp and proves the date, by the birth of her eldest child. I reiterate again my thanks for your numerous acts of courtesy so kindly extended to me and hope I am not asking too much in making this request, which if complied with will be the end of this case, whatever the decision may be.
With much respect
I am your obed Serv t G. A. Gay
G. H. Crump Esq r
Q u artermaster Washington D. C.

Washington, Oct 7 1845
Sir I would respectfully request a review of the claim of Phebe Weston widow of John Weston decd under act 4 July 1836. Her first declaration was made without giving any particulars of her husband, service, preference being made to the proofs exhibited. This was of course objected to, and a full and particular statement given. This has also been objected to, as being too precise. The principal objection however is that her husband received his land and the widow states that the land was received by another. It will be found that she states that a Power of Attorney was given. This is very different from an assignment. Where the Power of Attorney is given the Books in the Bounty Land Office would show that the warrant was issued in the soldier's name, but where an assignment was given, it would then appear in the name of the assignee. Objection is also made

to the claim on the ground that her husband belonged to Col: Barbour's Regt. I think it is not stated that he belonged to his wife. Col: Barbour may have had or obtained authority for Neston to do some work for him, the war at the time being considered as ended. It would seem that there was a John Neston or Northon whose heirs obtained land as late as 1829, and John Neston the claimant's husband was allowed land in 1797. I think under the foregoing circumstances, that the claim will now be allowed.
I am respectfully Your obt. Servt. Wm. H. Allen
J. L. Edwards Esq. Commr of Pensions

New York Feb y 1. 1847.
Sir,
When I was lately in your Office I cited the Case of Mrs. Phelps, Widow of John Nester a soldier of the 2 d Reg t of the New Jersey Line, for re-examination, which was I suppose accidentally overlooked, at the time my Case was examined. Something more than a year ago, I called to my assistance in this Case W m S. Allison Esq r of Washington, and placed some proof in his hands in this Case, which he informed me he presented, but the result he never communicated to me, although I have repeatedly wrote to him to know the result, but to no purpose I have not heard from him for more than a year. I now respectfully desire that you will review this Case and report to me as to the difficulty if any is found, in the Case. You was correct in your letter of the 6 th Sept r 1845 in saying that this claimants supplemental declaration which you say enters into important details, was drawn up by me. I drew it up from her own lips, and so far as I am able to judge is substantially true in all its parts. I believe her Case to be a just and honest claim, and I do hope the Dept t will give her Case a close review, and I doubt not but, upon a close examination of the Rolls and her statements of her whereabouts at different times while in service & comparing them together you will also feel fully satisfied as to the merits of this claim.
Very respectfully
Your Most Ob t Ser t
C. A. Gay
J. G. Edwards Esq r Comm ee of Pensions }

Sir
We most respectfully request that the case of Mrs Phebe Nestor of N.Y. may be reexamined, in compliance with the desire of Mr C. A. Lay of N.Y. as expressed in his letter to you of Oct 1 st 1846, which is on file with the papers in the case.
Most respectfully Your obed Servt J. H. H. Smith
J. H. Edwards Esq Comm r Pensions
Dec. 29 th 1846

Aug 1. 45
Phoebe Weston N.Y.
J. G. Edwards Esq. Commissioner of Pensions Washington

New York July 30. 1843.
Sir.
I about six years ago made application for a pension as the widow of John Neston whose name was originally spelled "Nesty" and as I have received no present information as to what the difficulties are (you will confer a favor by addressing a letter to Mr. C. C. (A Lay) of New York who is my Agent as to the difficulties existing in my case.
I am Respectfully Your Obed Servt Theba her Neston mark
On present of J. H. Johnson

Williamsburgh New York
September 3 rd 1849.
Sir,
I would most respectfully request the Department to review the case of Mrs. Phebe Nestor widow of John Nestor, under the Act of 4 th July 1836, particularly the evidence enclosed to the Office in my letter of 2 nd of August 1846. The evidence then presented by me was a supplemental statement of the claimant and the affidavit of Mr. Whitehead and the Family record of David Nestor eldest child of claimant accompanied with his own affidavit. The identity of her husband with a soldier of the same name of the 2 nd Regiment of the New Jersey Line is the difficulty in the case. Now we assume that her detailed statement of her husbands whereabouts at certain designated periods during his service should ought to be regarded as sufficient to establish her husbands identity if she was corroborated by the Muster Rolls in the Department, and in like manner if they should essentially contradict her her claim should ought to be rejected . So far as the correspondence informs me no such comparison has as yet been made and we now most respectfully again renew the request that such a comparison may be made, as it is mainly relied on to establish her husbands identity with the War man of the New Jersey Line. Her statements is substantially as follows: That her husband (in addition to some Militia services previously performed) enlisted in the year 1778, and served nine months in

one of the Regiments of the New Jersey Line, and that after its termination in the month of February or March 1779 he enlisted for the War in one of the Regiments of the New Jersey Line and served to the close thereof; that she was married to him in the Month of November 1782 while he was in the service; that he came from the Camp to visit her on a furlough about two weeks previous to their marriage and stayed about ten days , and that when he came to be married he stayed only about two or three days , that he enlisted and joined the army at Elizabethtown ; that he was not finally settled with for his services ; that he came down from the Camp to go to work for Colonel Barber and arrived home on the very evening of the same day their eldest child was born . She also states that her eldest child David was born about the next Winter after the marriage . Such is the substance of her own statement, which was drawn up by me as taken from her own lips and it was carefully made by her. Now the original family record of her eldest child on file shows that he was born the 22 d day of January 1782 , which the claimant herself contradicted by placing his birth in January 1783 , and she done so with a full knowledge of the fact as to what his record showed, as she knew his record of his age as to the year was incorrect it should have been 1783 instead of 1782 , as it is put down and her son believes it is correct and so testified. Now in order to establish her husband's identity we ask that  rely on the Rolls of his Regiment, and request that they may be examined; for if her husband was the Wardman

as she alleges the Rolls will first bare his name in February or March 1779 while his Reg t was quartered at Elizabethtown . 2 d the Rolls must shew that he was absent from camp, on or about the 22 d day of April 1782 , as that is just 9 months previous to the birth of their eldest child, and as she was not at any time in camp with him, he necessarily must have left the camp to be with her on that particular occasion. 3 d The Rolls must shew that he was twice absent from the camp on a furlough in the latter part of October or November 1782 when the marriage took place , and 4 th The Rolls must show that he finally left the camp some two or three days previous to 22 d of January 1783 , and was not afterwards thereon as present in camp as she said he never afterwards returned to the camp but worked for Col Barber at Elizabethtown until the whole army was discharged . If she is substantially corroborated by the Rolls in her statements, surely the Department can not doubt her husband's identity, and more particularly as the fact fact of his having been engaged in the service throughout the war, is sustained by the testimony of numerous persons of the highest respectability who had a knowledge of the fact.
The proof of the marriage, and its date, is such as has always been regarded as sufficient, and was filed without objections, which of course is an admission that it was regarded as satisfactory.
I am very respectfully
Your most obed t Servant
C. A. Lay
J. S. Edwards Esq r } Comm ee of Pensions }

Sir,
New York July 15. 1845
I beg leave most respectfully to call your attention to the additional evidence that was by me forwarded to your Office in March last, in the case of Phoebe Weston, widow of John, under the Act of 4 th July 1836.
I am very respectfully Your obed t Servant S. H. Hovey
J. L. Edwards Esq. Comm r . of Pensions

James L Edwards Esq Commissioner of Pensions Washington

New York July 9 th 1824
James L Edwards Esq
Sir
Will you be so kind as to inform me whether there has been a declaration or petition forwarded to your Department since the year 1837 in favor of Phoebe Weston the widow the widow of John Weston deceased for a pension in virtue of his services in the revolutionary war. Which declaration was said to be forwarded by a Mr. Isaac L. Kibbie as Attorney then residing in the City of New York but since deceased
Yours respectfully Mark May
M rs J. Barron

Phebe Weston abt 4 July 1836 Dec 31, 1845
Relat testimony.
W. S. Allison Priest

City and County of New York ss
Phoebe Hester of the said City being duly sworn. Depose to and says - that by reason of old age and the consequent loss of memory she cannot recollect sufficiently as to be able to state what the name of the Captain was, under whom her late husband John Hester, served in his enlistment for the War, in the New Jersey Line, but it is her impression that his name was Pratt, but is by no means certain. That in her late Supplemental Statement, she did not intend to be understood that her said husband did not receive Bounty Land, she intended to be understood that he did not receive it, and that it was for the purpose of receiving it that he executed the Power of Attorney to Samuel Sears. That he was entitled to 100 acres of land from the United States for his service, was well known to all his old neighbors, and to Col Commins who gave a Certificate to that fact on the said Power of Attorney.
Sworn to and subscribed this fifth day of November 1845 before me
Phoebe Hester mark
R. T. Compton Ald. 8th Ward
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, before whom the annexed
That R T Compton an Alderman deposition was taken, was, at the time of taking the same, Judge of Court 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 thereunto subscribed is genuine. Alderman
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed the Seal of the said County, the 6 day of Nov 1846
James Conner Clerk.

State of New York
City and County of New York ss.
Phoebe Victor, of the said City being truly sworn, deposed and said, that she is the widow of John Victor, or as he was called in Dutch "Visty", on whose account she has asserted a claim for a pension. That her husband the aforesaid John Victor, or Visty, according to the best of her recollection enlisted for ten years during the war at Elizabethtown, in the Month of March or April 1862, and joined his Regt. at that place, his term of 9 months service having then just expired. That at the time of her marriage to him, his Regt. laid at Battle Hill near Morristown. That he came down to see her about two weeks before the marriage on a furlough of ten days, and that when he came down to be married his furlough was not for more than two or three days, as the Army was then about to move to the Northward. That according to the best of her recollection she was married to him on the 8 th day of December, and she does well remember it was of the year before he was discharged from the Service. That her eldest child David was born in about two months and a half after her marriage. That she became like for him while her said husband was on a visit to her at Springfield in April previous to the marriage, he having then been absent on a furlough of about ten days. That the next day after the marriage he went back to the Army and the Army went to the Northward, and soon after, as she understood Col. Barber made a proposition to him, "that if he preferred he might come down to his "Col. Barber's" residence at Elizabethtown, and as some Mason work in preference to staying in the Camp he might come." So he elected to go, and he arrived at our house on the very evening of the same day that our eldest child David

was born, and the next day he proceeded to the house of the Col. at Elizabethton and went to work, and a few weeks after that the said Col. Barber was killed, but that her said husband continued his work there until the latter part of April or the first of May when he came home and said he was discharged, and in a few days after, his discharge was sent down from the Comp. to him, which was soon after lost or destroyed, his Comrade that was discharged at the same time brought him his discharge. That a number of years afterwards, he executed to Samuel Sears, of Newark a Power of Attorney to recover and sell his Bony Land, of 100 acres that was due him for his service, that she believes that one John Jones had something to do with it, also, but he never received the land, the said Sears told him that he had lost the Power of Attorney but it was always believed that said Sears got the land and disposed of it. That Col. Cummings gave the said Sears a Certificate of the fact that the Land was due to her husband. And this deponent further says that her said husband was never finally settled with for his service, and that they were married at the house of Mr. Clegg at Springfield, by Mr. VanDals, and that her said husband was at the time of his marriage is her absent from his Regt. on a furlough, and was not finally discharged from the service until the month of April or May next ensuing after their marriage. That she after her marriage and before resided at Springfield Essex County N. Jersey. Sworn to and subscribed this 1 day of Mr. Nestor Phebe mark Nestor. of August 1845 before me. Edmund C. Clarke Clerk of Court

the but land the land further p. 1. Mar- 1847 at p.
STATE OF NEW-YORK, CITY AND COUNTY OF NEW-YORK, } ss.
I, James Conner, Clerk of the City and County of New-York,
That Edmundo S. Porto — DO HEREBY CERTIFY, 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 the unto subscribed is genuine.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed the Seal of the said County, the 2nd day of August 184 7
James Conner Clerk.
d

State of New York, City & County of } ss: New York }
David Vestor, of said City, being duly sworn accor- -ding to law, doth depose and say, that he was born on the twenty second day of January in the year one thousand seven hundred and eighty two, at Springfield, Essex County, in the state of New Jersey: That deponent is the eldest child of John and Phebe Vestor.
Sworn & subscribed this 19 th day of December 1838.
Before me.
David Vestor
Thos. C. V. G. [unclear] Commissioner of Deeds

City and County of New York. ss.
Abigail Fource being duly sworn says, that she is the daughter of Phebe Nestor late of the city of New York dece d who was the widow of John Nestor, also dece d ; that her mother the aforesaid Phebe Nestor was an ap- plicant for a pension in her lifetime from the United States on account of the Revolutionary services of her husband the said John Nestor. And this deponent further says that her mother the aforesaid Phebe Nestor died on the third day of August, eighteen hundred and forty seventh, and left three children her surviv- ing, whose names are David Nestor William Nestor, and this deponent, and that they are all yet living. And this deponent further says that she was present at the time of the death of her said mother, which took place in Hammersly Street in the city of New York, at the time above stated.
Abigail Fource
Sworn before me
Sworn before me this 15 th day of October 1849

City and County of New York, ss
J. A. Benedict being duly sworn says, that he is by occupation a Sexton and resides at No. 50 1/2 Carmine Street, that on the fourth day of August 1847, he attended the funeral of Phebe Nestor, furnishing cof- fin and other necessaries, and buried her in the Methodist Episcopal Church in 18 th Street, that he makes these statements of dates from his Books wherein they were entered at the time they occurred,
Sworn before me
this 15 th day of October 1849 }
J. A. Benedict
City and County of New York ss Court of Common Pleas
I certify that the person making the preceding deposition was examined by me at length in open court, on oath in relation to the matters contained therein, in their deposition and that their statements is per- satisfactory evidence to this court of the facts therein contained.
Chas. P. Daly Judge of the Court of Common Pleas.
I James Cinner, Clerk of the Court of Common Pleas for the City and County of New York, do hereby certify that a true copy contains the proceedings taken before the Court.

in the matter of the application of the heirs of Shobé Foster for a pension
In witness whereof I have hereunto set my hand, and affixed the seal of the said Court, the 13 th day of October 1840
James Cinner clerk