Revolutionary War Pension and Bounty Land Warrant Application File W. 7488, for Avery Mustain, Virginia

SERVICE
NUMBER
Va.
Mustain, Avery Mary
W 7488
CONTENTS

M. 83 a 3312.221 Virginia
Everg Mustain
of Pitt Co in the State of Va
who was a Pvt. — in the — — — commanded by Captain — — — of the Regt — commanded by Col. Lewis, in the Va — line for 1 year —
Inscribed on the Roll of Virginia at the rate of $1. Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 10 th day of April 1833 and to William Mustain. Pitt County Pa
Arrears to the 4th of March 1833 50 — Semiant. allowance ending Sept. — 20 — $1.00 —
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Nathan Price Clerk, Book 6 Vol. 6 Page 17

Pen cut out & re sent R.H. Gray Mar 12 1844.
Date of death not in AB
4337. Virginia Rich d
Mary Mustain widow of Avery Mustain who was a private in the Virginia Line
Inscribed on the Roll at the rate of 40 Dollars 00 Cents per annum, to commence on the 4th day of March, 1843.
Certificate of Pension issued the twelfth day of Jan, 1844 and sent to
R.H. Gray Lynchburg Va
[Act of March 3, 1843.]
Recorded in Book 2 Vol. 1 Page 150

10.884

State of Virginia County of Gilesylvania 3 rd
1
On this 22 nd day of August 1832 personally appeared in Open Court before David H. Clark, H. D. Paine, Coleman H. Bennett & John S. Clark the Court of Gilesylvania by non sitting. Ivory Mustard a resident of Camden Parish in the County of Gilesylvania and State of Virginia aged 76 years old being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefits of the act of Congress passed June 7 th 1832. That he was born 20 th February 1756 near where he now lives, about 1 st June 1776 he volunteered under Thomas Williams Capt., Joseph Hearn Lieut., Robert Dalton Ensign and marched to Guyana Island near the mouth of the Savannah River and assisted in driving off Lord Howe's army, the then Governor of Va. There was no officer of higher grade than Capt. On the side of the River he was stationed. While there an express arrived and he marched with his company to the Dan River in the State of Virginia against the Cherokee Nation of Indians, in this expedition Hearn was Capt. (Capt. Williams having thrown up) Dalton was Lieut. & Purvis Choice Ensign. After arriving at New London Va. they were attached to the command of Col. Charles Lewis of Albemarle Va. He forgot his Maj. Capt. Martin (afterwards Genl. Martin of Henry Co. Va.) commanded a company in the expedition. After arriving on the Holston River Col. McChristian being the oldest officer was first in command; after arriving in the Indian Territory (the enemy having deserted their homes) they burnt up their houses and corn and eat their potatoes, all of his company returned therefrom. No discharges were given and all returned with their Captain a few days before Christmas 1778. About the first of May 1780 he was drafted to go to the South. Isaac Clement Capt. (forgot the name of Lieut. and Ensign) he marched by Toller Forks to Clinch River.

v We where he met several company, by Hillsboro N.C. where he met with many troops and the following officers, General Mearns who was the Commander, Colonels Dickerson & South- -ner and Maj. Henry Conway. Then he marched towards Can- -den S.C. crossing the Big & Little Pedee and a few miles this side of Camden he met with Generals Gates, Horatio and Smallwood and next day was in the Battle in which the Americans were defeated; He then returned home about the last of August 1780 and received a discharge. In February 1781 he volunteer- -ed under Gabriel Shelton Capt. James Mearns Lieut & Daniel Shelton Ensign. Capt. Shelton left his company and he was then commanded by Capt. Thomas Smith; crossed the Rivers at Boyd's Ferry, crossed Dan river in North Carolina & after marching to & fro for a while returned home after being absent 4 or 5 weeks & was not in the Battle of Guil- -ford. In August 1781 he was drafted to go to the siege of York Town & William Dix Capt. David Hunt Lieut Col. W. Daniel Ensign, after arriving at York Town, Capt. Dix was succeeded by Capt. Charles Williams He assisted in raising breast works & Batteries, after the surrender of Lord Cornwallis, he was detailed and marched to Poland Ferry on the Potomac river with the Prisoners and at Boar- -burg he received a discharge about the last of November 1781 which he has lost. He hereby relinquishes every claim whatsoever to a Pension or annuity except the present and declares that his name is not on the Pension roll of the Agency of any State — Sworn to and subscribed the day and year aforesaid — Henry Mustain
We Griffith Dickerson a Clergyman residing in the County of Gilesylvania and William Dove son residing in (the same) hereby certify that we are well acquainted with Henry Mustain who has subscribed and sworn to the above

3 declaration that we believe him to be 76 years of age that he is respected and believed in the neighbourhood where he resides to have been a soldier of the Revolution and that we concur in that opinion — Sworn and subscribed the day and year aforesaid) —
Griffith Dickerson Sec. William Rouse
And the said Court do hereby declare their opinion after the investigation of the matter and after putting the inter- rogatories prescribed by the War Department that the above named applicant was a Revolutionary soldier and served as he states. And the Court further certifies that it appears to them that Griffith Dickerson who has signed the pro- ceeding certificate is a clergyman resident in the County of Tittsylvania and that William Rouse sec who has also signed the same is a resident in the said County and is a credible person and that their statement is entitled to credit.
I William Tunstall Clerk of the Court of Tittsylvania County Virginia do hereby certify that the foregoing contains the original proceedings of the said Court in the mat- ter of the application of Ivory Mustain for a pension.
In testimony whereof I have hereunto set my hand and seal of Office this 29 th day of August A.D. 1832

edgester of the names of the Sons and Daughters of Mary and Mary His wife
Dinah Mustain was born on the 17 th day 1783 Joel Mustain was born Feb y 1785. Sedley Mustain was born March 31 day 1787 Mustain was born May 6 th 1789 Shadrach Mustain was born July the 11 th 1793
1815 1812 27 23
Abner Mustain was born August 21 st 1794 Moses Mustain was born Sept r 27 th 1796
Asa Mustain was born Dec r 29 th 1798 Moses Mustain was born March 7 th 1800
1815 1807 18
Clark H. Moore was born In the year the year of our Lord 1817
Clark H. Moore was born February the 7 day in the year of Lord 1807
Deborah Moore was born Dec r 9 th 1813
Elizabeth Dillson was born July 25 th 1813

THE NEW TESTAMENT
OF OUR
LORD AND SAVIOUR
JESUS CHRIST,
TRANSLATED OUT OF THE
ORIGINAL GREEK;
AND WITH
THE FORMER TRANSLATIONS
DILIGENTLY COMPARED AND REVISED.
New-York:
PRINTED BY M. L. & W. A. DAVIS,
For Gaine & Ten Eyck, S. Campbell, John Reid, John Broome & Son, E. Duyckinck, T. & J. Swoff T. S. Arden, P. A. Mesier, S. Stephens, and T. B. Jansen & Co.
1801.

Ivory Mustain
Virginia
No 10884
Admiral's Court for 12 mo from 1770- 8/10/71 Capt. Dillard Col. Lewis

BRIEF in the case of  Oliver Mustain  of  Pittsylvania Co  in the State of  Virginia  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 76 years.  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years. Months. Days.     June In 1776 Stanley " 6 " Private Gen. Howe , Stephens Col Charles Lewis Col William Christian Col William Austin   May 1778 Chaple " 4 " " Col Richardson  Quailiner Major Conway Capt Clements   Aug 1781 Grafton " 2 " " Capt William Lee & Charles Williams  
 5. In what battles was he engaged? Battles of Brandywine & Red Bank  6. Where did he reside when he entered the service? Pittsylvania Co. Virginia  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional  8. Are the papers defective as to form or authentication? and if so, in what respect? None 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
C. Little  Examining Clerk.

no 5722 Mary Chapman Application for a Pension act 7 July 1838

6 State of Virginia County of Pittsburgh
On this eighteenth day of March in the year 1839 personally before William A. Anthony, William H. Fitzgerald, James Stance and William L. Parnell, the Court of the County of Pittsburgh State of Pa. Mary Mustain, a resident of Pittsburgh County & State of Virginia, aged seventy four 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 provisions 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 Avery Mustain who was a Private in the Army of the Revolution in the Militia service, that she knew her husband from infancy being raised in the same neighborhood that he, the said Avery Mustain served as a volunteer and marched from Pittsburgh to Green Island to attack Lord Dunmore, Capt Thomas Dillard being his Captain; in this service he was engaged three months; from Green Island he marched on by home to the Indian Nation on Holston River and was engaged there three months; in this last expedition she thinks William Mitchell was his Captain. The next service he performed he was draughted & marched under Capt Isaac Clement to South Carolina and was at Gates defeat, in this service he was engaged three months. He was draughted next & marched under Capt William Dica to the siege of York Pa. after the capture of Cornwallis he was detained & marched as a guard to the Prisoners to Holston

ferry on the Potomac River. She knows nothing about the dates of the above transactions. But of all this she has no documentary evidence, except that her husband, the said Avery Mustain was a pensioner under the act passed 7 th June 1832 — and drew at the rates of forty dollars pr. Year from the time he was put on the pension list until the 4 th day of March 1833; from that day until the 31 st of August 1833 on which day he died. She drew the balance of his pension. On the evidence upon which her husband Avery Mustain was put on the pension list and also on the evidence upon which she drew the balance of his pension she relies to substantiate her claim to a pension.
She further declares that she was married to the said Avery Mustain in the month of March in the year seventeen hundred and eighty three but has no record proof of her marriage; that her husband the aforesaid Avery Mustain died on the 31 st day of August in the year eighteen hundred & thirty three; 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 at the time above stated; and that she has not since married.
Clerk Mary J. Mustain mark
Sworn to and subscribed on the day and year above written before in open Court —
In Testimony Whereof I William D. Linstall clerk of the County Court of Pittsylvania aforesaid hereunto have set my name and affix the Seal of said Court this 28 th day of March 1859 W. D. Linstall

April 2, 1912.
Hon. John T. Watkins, House of Representatives.
My dear Mr. Watkins:
In reply to your letter dated the 30" ultimo and received the 1" instant, requesting information for Mrs. J. W. Allen of Shreveport, Louisiana, I have the honor to furnish you the history of the following soldiers of the Revolution and War of 1812.
Wid. File No. 7,438, Rev. War. Avery Mustain was allowed pension on his application executed August 22, 1832, while a resident of Camden Parish, Pittsylvania County, Virginia, near which place he was born February 26, 1756. He stated that he volunteered June 1, 1776, under Captain Thomas Dillard, and assisted in driving off Lord Dunmore, after which he was in an expedition under Captain Jesse Heard and Colonel Charles Lewis against the Cherokee Indians; seven months.
Drafted May 1, 1780, under Captain Isaac Clement, was in Gates' Defeat at the battle of Camden; four months.
Volunteered in February, 1781, and served under Captain Thomas Smith; 4 or 5 weeks.  Thomas Smith in August, 1781, served under Captains William  Drafted in August 1781 Dix and Charles Williams; was in the siege of Yorktown, guarded prisoners to Noland's Ferry, and was discharged the last of

November, 1781, at Leesburg.
He married Mary Barber, he died August 31, 1833, and she was allowed pension on her application executed March 18, 1839 while seventy-four years of age and a resident of Pittsylvania County, Virginia.
Children.
   Drury Mustain  born  March 17, 1783.    Joel Mustain  "  February -- 1785.    Seludy Mustain  "  March 31, 1787.    ----- Mustain  "  May 6, 1789.    Shadrack Mustain  "  July 11, 1792.    Molley Mustain  "  August 21, 1794.    ---wood Mustain  "  September 27, 1796.    ---as Mustain  "  December 29, 1796.    ---abeth Mustain  "  March 7, 1801.   
The War of 1812 records show that one John Mustain was called into service from Pittsylvania County, Virginia, and served from September 3, 1814, to December 28, 1814, in Captain Tunstall Shelton's company of Virginia Militia. He was allowed bounty land in full satisfaction for said service on Warrant #8889, in 1855, at which time he was a resident of McDonough County, Illinois, and sixty-nine years of age.
No family data.

(3)
A careful search of the Revolutionary War pension records fails to afford any information in regard to Jesse Mustain or Mustaine.
Very respectfully,
A handwritten signature in cursive, appearing to read "J. C. Niven". The signature is written in dark ink and is positioned above the title "Commissioner".
Commissioner.
Enclosure —

1912 apl. 2. History to Hon. John T. Watkins & 1927 Apr. 30. Tombstone data to QM. Genl. 1933-Mar 20-List. to Elizabeth Shelton-Edl
Rev WIDOW, &c.
File No. 488
Mary Mustain Wid Mary Mustain Birth & marriage
Act: _____
Index:—Vol. 16 , Page 71
[Arrangement of 1870.]

SIXTY-SECOND CONGRESS JOHN T. WATKINS, LA., CHAIRMAN. MARTIN A. MORRISON, IND. WILLIAM A. CULLOP, IND. JOHN E. RAKER, CAL. WILLIAM B. FRANCIS, OHIO. SAMUEL W. GOULD, ME. JAMES YOUNG, TEX. MICHAEL F. CONRY, N. Y. REUBEN O. MOON, PA. HENRY G. DANFORTH, N. Y. JOHN C. MCENZIE, ILL. ROBERT O. HARRIS, MASS. WILLIAM R. GREEN, IOWA.
W. K. WATKINS, CLERK.
HOUSE OF REPRESENTATIVES U. S., COMMITTEE ON REVISION OF THE LAWS.
WASHINGTON, D. C.,
March 30, 1912.
Honorable J. L. Davenport, Commissioner of Pensions, Washington, D. C.
My dear Mr. Davenport:
I herewith enclose a copy of a letter which I sent to the Adjutant-General, War Department, and which, in reply, he suggests be referred to you, stating that your Records might shed some light upon the existence of Avery Mustaine or Jesse Mustaine and I request that you be kind enough to furnish me with any data available, returning this copy of my letter with with your reply, and greatly oblige,
Yours truly,
J. T. Watkins, M. C. 4th Dist. of Louisiana.
Enclosure.
For Mrs. J. W. Allen, Shepherd, Tex

WAR DEPARTMENT OFFICE OF THE QUARTERMASTER GENERAL WASHINGTON
IN REPLY REFER TO QM 293 A-C Mustein, Avery
April 26, 1927
The Commissioner of Pensions, Washington, D. C.
Dear Sir:
In order that a headstone may be provided for the grave of the decedent named below, The Quartermaster General requests that the correct military service and the spelling of the name be supplied this office from the records of the Pension Office:
Private Avery Mustein, Virginia Militia, Rev. War. Died 1833.
Very truly yours,
H. S. HAMPTON, Lt.Col., Q.M.C., Assistant.

108 Rogers Street, Bluefield, W. Va., Feb. 26, 1933.
Commissioner of Pensions, Washington, D. C.
Dear Sir:
Will you please send me the Revolutionary War record of Avory Mustein and William Shelton , both of Pittsylvania County, Virginia . I should also like to know if you have any record of the Revolutionary service of Daniel Connor , also of Virginia .
I am very anxious to get the information, and I shall be very grateful to you for any service that you may be able to render me.
Yours truly,
Elizabeth Shelton.

March 20, 1933
XXXXXXXXXXXXX
BA-J/EEL
Avery Mustain-W.7488
William Shelton-W.4335
Elizabeth Shelton 108 Rogers Street Bluefield, West Virginia
Dear Madam:
Reference is made to your letter in which you request information in regard to Avery Mustain, William Shelton and Daniel Conner, soldiers of the Revolutionary War, of Virginia.
Due to the great pressure of current work, and the lack of a clerical force available for furnishing such data, the histories of only two soldiers are furnished each inquirer. The histories of Avery Mustain and William Shelton are given below as found in the papers on file in their respective claims for pension based upon their military services in the War of the Revolution.
Avery Mustain-W.7488
Avery Mustain was born February 26, 1756, near Camden Parish, Pennsylvania County, Virginia.
He enlisted, place not stated, and served as a private with the Virginia Troops as follows: from about June 1, 1776, in Captain Thomas Dillard's Company: marched to Gwyn's Island and assisted in driving off Lord Dunmore, after which he served in Captain Jesse Heard's Company, under Colonels Charles Lewis and McChristian and went on an expedition to the Holston River against the Cherokees Indians, assisted in burning their towns and crops and reached home a few days before Christmas, 1776; from about May 1, 1780, until the last of August, 1780, in Captain Isaac Clement's Company, marched to the south and was in the battle of Camden; from sometime in February, 1781, four or five weeks in Captains Gabriel Shelton and
Could not identify any of these of- except Col. Chas. Lewis

Thomas Smith's Company; and from August, 1781, until the last of November, 1781, under Captains William Dix and Charles Williams, was at the siege of Yorktown, assisted in raising breastworks and after the surrender guarded prisoners to Noland's Ferry on the Potomac River.
Avery Mustain was allowed pension on his application executed August 22, 1832, while residing in Camden Parish, Pittsylvania County, Virginia.
He died August 31, 1833.
The soldier married in March, 1783, Mary Barber, who was reared in the same neighborhood with her husband. The date of her birth is not given.
Soldier's widow, Mary, was allowed pension on her application executed March 18, 1839, at which time she was aged seventy-four years and resided in Pittsylvania County, Virginia.
Avery and Mary Mustain had the following children:
Drury Mustain born March 17, 1783. Joel Mustain " February —, 1785. Seludy Mustain " March 31, 1787. ----- Mustain(torn) " May 6, 1789. Shadrack Mustain " July 11, 1792. Molley Avery Mustain " August 21, 1794. -----wood Mustain(torn) " September 21, 1796. -----mas Mustain(torn) " December 29, 1798. -----beth Mustain(torn) " March 7, 1801.
The following also appears in the papers in the claim:
Clark H. Moore, born February 7, 1807.
Polly Dalton, daughter of Samuel Dalton and Saluda, his wife, was born February 12, 1810.
Avery Dalton was born December 9, 1811.
Elizabeth Dalton was born July 25, 1813.
There are no further family data.

In order to obtain the date of last payment of pension, the name and address of person paid and possibly the date of death of the Revolutionary War pensioner, Mary Mustain, widow of Avery Mustain(W.7488), you should address the Comptroller General, General Accounting Office, Records Division, this city, citing all of the following data:
Mary Mustain, widow of Avery Mustain, Certificate No. 4337, issued January 12, 1844, rate $40 per annum, commenced March 4, 1843, Act of March 3, 1843, Virginia Agency.
*****
William Shelton W.4335
Copied from M.M.F. and added family data.
The date and place of birth of William Shelton are not stated.
While a resident of Pittsylvania County, Virginia, he enlisted in April, 1776, served three months as a private in Captain John Donaldson's Virginia Company and went out against the Indians on New and Holston rivers: he enlisted May 1, 1781, served as a private in Captain Henry Burnett's Virginia Company and was discharged August 4, 1781.
He died August 4, 1827, in Pittsylvania County, Virginia.
The soldier married February 12, 1779, at the house of Thomas Shelton(no relationship to soldier shown), Ann Lomax.
Soldier's widow, Ann, was allowed pension on her application executed October 2, 1838, while a resident of Pittsylvania County, Virginia, and aged eighty-one years.
William and Ann Shelton had the following children:
John Shelton born February 18, 1779. Thomas Shelton " September 20, 1782. Bennet Shelton " January 3, 1784. Noah Shelton " August 3, 1787. Sary or Sarah Shelton " November 30, 1789.

Children of William and Ann Shelton continued:
Robert Shelton born October 4, 1792. Ann Shelton " " 18, 1794. Elizabeth Shelton " February 1, 1797. Martha Shelton " April 7, 1799.
In 1838, soldier's sister, Nancy Slayden, was aged seventy-eight years and resided in Pittsylvania County, Virginia.
There are no further family data.
In order to obtain the date of last payment of pension, the name and address of person paid and possibly the date of death of the Revolutionary War pensioner, Ann Shelton, widow of William Shelton(W.4335), you should address the Comptroller General, General Accounting Office, Records Division, this city, citing all of the following data:
Ann Shelton, Certificate No.3471, issued November 24, 1840, rate $20 per annum, commenced March 4, 1831, Act of July 4, 1836, Virginia Agency.
Very truly yours
A. D. HILLER Assistant to Administrator.

April 30, 1927.
K. J. Hampton, Lt.Col.,Q.M.C. Office of Quartermaster General,U.S.A. Washington, D. C.
Sir:
I have to advise you, that the Revolutionary War pensioner, Avery Must ain was born February 26, 1756 in Camden Parish, Pittsylvania County, Virginia and died August 31, 1833, place not stated.
He served as a private in the Virginia Troops as follows:
During 1776, under Captains Thomas Dillard and Jesse Heard and Colonel Charles Lewis for seven months.
From May 1, 1780 in Captain Isaac Clements' Company four months and was at the battle of Camden.
From February 1781, four or five weeks under Captain Thomas Smith's Company and from August 1781, to the end of November 1781 in the companies of Captains William Dix and Charles Williams.
Respectfully,
WINFIELD SCOTT, Commissioner.

Samuel Shelton Affidavit.

State of Virginia County of Pittsylvania 3 rd
On this 27 th day of April in the year 1837 personally appeared before me William S. Pannill a Magistrate for the County aforesaid, Samuel Shelton who being first sworn deponeth and saith; That he was acquainted with Avery Mustain previous to the Revolutionary war and has ever since lived a near neighbour to him; that he knows that the said Mustain served a war against Dunmore, then against the Indians on Holston, then in South Carolina and then at the capture of Cornwallis, and drew a pension previous to his death. That the said Avery Mustain shortly after the close of the war married the present widow Mary Mustain and lived with her from that time to the day of his death which was in August 1833. That they have a numerous posterity of children, grandchildren & great grandchildren. That he did not see them married, but that their marriage was never doubted by any person. He the said Samuel Shelton further deponeth and saith, that the said Mary Mustain the widow of Avery Mustain Dece. has not intermarried with any one since the death of her husband Avery Mustain.
Samuel his Shelton mark
Sworn to and subscribed on the day and year above written before me.
Wm S Pannill

Pittsylvania County State of Virginia
I William H. Turnbull Clerk of the court for the county of Pittsylvania do hereby certify that William J. Fannell is a magistrate for the county aforesaid and duly empowered to administer oaths and that his signature hereunto annexed is genu- ine.
In testimony whereof I have hereunto annexed my hand and seal of office this 2 nd day of May 1839.
Will. H. Turnbull

572-2 Mary Mustain Mā of Avery 75 At 7 July 1838 Mance 1783 duo 1833 Allen $40 per ann
Her Mother's Coly AR

4470 Dec. 4, 1843 Col. May Murtain March 3 rd 1843.
John L. Edwards Esq. Comm. of pensions Washington City
John L. C. Morton } Nov 30 th 1843

declaration of Mrs Mary Mountain. Pitt. County
#470 Dec. 4. 1843 Mrs. Mary Mountain March 30 1843
born of persons
Jas S. Edwards Esq
John C. Hill } Mar 30 #1843 }

Synch. Nov.
1843
Sir,
Enclosed I send you the declaration of Mary Mustain - widow of Henry Mustain - of the County of Pittsburgh, claiming a pension under the Act of March 3. 1843 - Forward certificate of pension to me in Synch. yours -
Robt. H. Gray Agent.

Hon. Walter Chas. H. R.
Mustain -
George William Brump Esq.
Esq.
Acting Commissioner of Pensions
Washington City

House of Rep s Jan y 21 st 1840
Sir
I enclose you a letter covering a leaf from the family Bible of Mrs. Mountain, affording additional evidence of the date of her Marriage -
I have lived near Mrs. Mountain, and have been acquainted with her family since my boyhood. They have appeared to me to be quite as old as represented in the family record herewith sent.
I will be obliged to you to place on file this additional evidence, and if warranted allow the claim.
Further evidence from the age of the party, and the nature of the case probably cannot be had.
With high respect
I am y rs &c
Walter Colton

Nov 11 44
Jas L Minister  to  the  Secy  Commr of pensions Washington D.C.
4337-413

Syracuse March 5 1844,
Sir,
I have to inform you, that I committed an error in returning to you the pension certificate, issued in favour of M rs Mary Mountain - stating in my letter, that I was not, but, that I supposed Mr Dillard was her agent - and that I believed she lived in Franklin County Pa - when I still believe there is an old lady of that name. - The M rs Mountain however - whose certificate you sent me lives in Pittsburgh, and is the widow of Avery who was a pensioner at act July 7. 1839, & at act June 7. 1832 Mountain - who was a United States pensioner from that $40 per Mensem - and died at the time stated in the declaration of M rs Mountain. While in Pittsburgh in Oct r or Nov r last I prepared the declaration of said Mary Mountain, and left it with Mr W m L Parnell a justice of the peace, who is a Merchant at Chalk Level P.O. Pittsburgh Co - who was to qualify M rs Mountain for the certificate of the Court for me, and send the papers on to you; which it seems he did. The whole of which I had forgotten, until to day I rec d . a message from M rs Mountain on the subject. If the certificate is still with you, please forward it to me forthwith - and if you sent it to Pittsburgh, Franklin, or elsewhere, please inform me - in any event send it to me as soon as possible, if under your control. Ro. V. Gray Agent.
B. Again I say, please inform me of the cause of the great delay in issuing the certificate of said Arrington, W m Vira, Elizabeth Wright, Elizabeth Knight, Margaret Dockart, Nancy King, and Lucy Gancy - the first of which have been with me 6 mo. or more. Ro. V. Gray

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Lucy Mustain which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes II. Did the declarant make the declaration in the county where he resides? Yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? Yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? Yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes VIII. Has the Court given their opinion? Yes IX. Has the Clerk given his certificate? Yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? —
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? yes
XIV. †If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? no
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? —
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? —
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? —
XVI. ‡Are the papers authenticated as the regulations direct? yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
‡QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
☞ In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.

Return this letter with the California P.H.S. Mustard
See page 3 of 1840 Mr. Walter C. Member of the Washington

Chalk Level Va 13 th Jan'y 1840
Free
Honorable Walter Coles Member of Congress Washington City U.S.A.

Chalk Level, 13 th Juny 1840
Dear Sir,
I enclose you a letter from the War Department requiring more proof of the marriage of Mrs. Mastain in order to place her on the pension list. Mrs. Mastain says she was married in church by banns as it was then termed and as to hunting up marriage bonds and church records it would be troublesome and they may have been destroyed; the laws and customs of marriage during the revolution I believe were different from the present.
I enclose you a leaf from the family records  bible of Mr. Avery Mastain which contains the register of the births &c. of his children. This I presume will be sufficient to establish that they lived as man and wife and were regarded to be legally married. If necessary, the bible from which this leaf was taken could be sent to you, but there would be some difficulty in sending by mail. — Mrs. Mastain says she will be obliged to you to aid her in this business and if you would wait on the Comm ee of Pensions you might possibly

remove any doubts he may have as you have long known Avery Martin & his family.
We have had much snow and cold weather since 1 st Decr. The appearance of things now indicates milder weather.
Please let me hear from you as soon as convenient.
I am yours with respect
Wm. L. Pannill
P.S. Give my respects to Mrs. Coles.

Mary Mustard
Adrian Commissioner of Washington City
Michael

Chalk Level W.A. 3 28 th June 1839
My friend
FF
5/7/22 July 1839 via 7/July 1838/6.
James L. Edwards Esq. Commissioner of Pensions Washington City D.C.
333333

Chalk Level, Pittsburghia County, 28 th June 1839
Sir,
At the request of Mrs Mary Murtain, I enclose you her application and proofs for a pension under the Act of Congress passed July 7 th 1838.
I know Mrs Murtain well and believe her to be what she represents herself. She is an old lady of good character and one of our oldest residents.
Her circumstances in life are narrow and she is in immediate need of her pension. I hope her claim will therefore receive your early attention.
Address Mary Murtain, Chalk Level, Pittsburghia Co. Pa. I am yours with respect.
Wm. S. Pannill
Sir,
James S. Edwards Esq. Com. of Pensions.

Massachusetts widow of Ivory died 1838 — Va. Let to W. L. Parnell 6 Sept 1839.

Virginia 4975
Mary Mustain widow of Henry Mustain, dec d who was a pensioner under the Act of 1832 — and who died on the 1833 — at Pittsylvania in the State of Virginia who was a private in the Company commanded by Captain of the reg t commanded by Col Lewis in the Virginia line for 12 mos.
Inscribed on the Roll of Richmond at the rate of 40 Dollars — Cents per annum, to commence on the 4th day of March, 1836.
Certificate of Pension issued the 30 day of Jan y 1840, to Hon. Walter Colg. W.R.
Arrears to the 4th of Sept r 1839 $140.00 Semi-annual allowance ending 4 Mar ch 40 20.00 $160.00
{ Act July 7, } 1838. }
Recorded by D.M. Condry, Clerk, Book A. Vol. 2. Page 180.

Mr. Neal's affidavit

State of Virginia County of Pittsylvania D. C.
On this 27 th day of April in the year 1837 personally appeared before me William S. Parnell a Magistrate for the County aforesaid, John Steel who being first sworn deponeth and saith, That he himself is now a pensioner under the act passed 7 th June 1832, and that Avery Mustain was likewise a pensioner under the same act, that he was acquainted with the said Avery Mustain from boyhood to the time of his death which was in August 1833, that he was in service with him in an expedition in North Carolina just previous to the Guilford battle, that they were together at the siege of York Town Va and both marched with prisoners to Noland's Ferry on the Potomac, that he knows that the said Avery Mustain served also against Dunmore, against the Indians on Holston and in South Carolina. That shortly after the close of the war, he saw him married to Mary Barber (now his widow Mary Mustain), that a Baptist preacher named Johnaily performed the service, that the said Avery Mustain and Mustain lived in Henrico from that time to the day of his death which was in August 1833. And that the legality of his marriage was never doubted. And that the said

Mary Mustain has not since married again. —
his John X Neal mark
Sworn to and subscribed on the day and year above written before me. —
Wm L Pannell J.P. "
Gilesylvania County State of Virginia
I William H. Dunstall clerk of the court for the county of Gilesylvania do hereby certify that Wil- iam L. Pannell is a magistrate for the county aforesaid and duly empowered to administer oaths (and that his signature hereunto annexed is genuine)
In testimony whereof I have here unto annexed my hand and seal of office this 2 nd day of May 1839.
Will H. Dunstall

4470
Mary Mustain
$40.
R. H. Gray Lynchburg Va

State of Virginia
4
Pittsylvania County S.S.
On this 17 th day of November 1843, before me William L. Punnill a justice of the peace in and for said county, personally appeared M rs Mary Mustain a resident of said county, Aged 78 years - who being first duly sworn according to law, doth on her oath make the following declaration, in order to obtain the benefits of the provision made by the Act of Congress, passed on the 3 rd of March 1843 - granting pensions to widows of persons, who served during the Revolutionary war.
That she is the widow of Avery Mustain deceased of said county, who was a private of the Virginia Continental line - during the Revolutionary war and a U.S. pensioner from said county, at the time of his death, at the rate of $40. pr. Mr. under the Act of June 7, 1832 - and who died on or about the 31 st day of August 1833.
And that the annual amt. of pension which she rec d from the Gen l Govt. as the widow of said Avery Mustain, under the act of July 7, 1838 - was at the rate of $40. pr. Mr. to wit, from the 4 th day of March 1836, to the 4 th day of March 1841. She further declares, that she is still a widow.
Mary X Mustain mark
Sworn to and subscribed, on the day and year above written -
Before me -
Wm L. Punnill S.P.
In presence of -
J. Bramfield J. G. Floyd
State of Virginia, Pittsylvania County S.S. I William L. Punnill a justice of the peace in and for said county - do hereby certify, that M rs Mary Mustain, who has sworn to and subscribed the foregoing declaration before me - is the widow of Avery Mustain above mentioned - and that she is personally known to me, as the identical person

5 who rec d . a pension from the Genl Govt as the widow of said Mustain, under the act of July 7, 1838 - at the rate of $40 pr. An - to wit, from the 4 th day of March 1836, to the 4 th of March 1841. And that she is still alive and a widow, and too infirm, to attend Court. Given under my hand this 17 th day of November 1843.
Wm L. Pannell J.P.
Virginia to wit At a Court held for the County of Pitts- ylvania the 28 th day of November 1843 - The fore- going declaration of Mary Mustain, widow of Asbury Mustain late a Revolutionary Pensioner, was ordered to be Certified to the War Department, it was further ordered to be Certified that the said Asbury Mustain died on or about the 31 st of August 1833, that the said Mary Mustain is the identical person who received a pension from the General Government at the rate of $40 per year from the 4 th March 1836 to the 4 th March 1841 and that she is still alive and a widow - And I do Certify that William L. Pannell before whom the said declaration was made is an acting justice of the peace in and for said County duly Commissioned & Sworn as such and that the signatures, purporting to be his are genuine. In Testimony Whereof I hereunto Subscribe my name and affix the Seal of the said Court this 28 th day of November 1843 -
Wm A. Farnold clk Pitts a . County Court