Revolutionary War Pension and Bounty Land Warrant Application File S. 23,133, Benajah Bouton, New York

SERVICE
New York.
Bouton, Benajah or Boughton.
NUMBER
S. 23,133
CONTENTS

33382
New York City Benajah Doughton, dec d of in the State of who was a private in the NY commanded by Captain of the Revolution by in the Revolution line for 6 mos s + 27 1/2 days.
Inscribed on the Roll of New York at the rate of 23 Dollars 00 Cents per annum, to commence on the 4th day of March, 1831, and 2 d October 1838.
Certificate of Pension issued the 5 th day of Jan y . 1837 and sent to Thomas W. Luther, Arrears to the 4th of Semi-annual allowance ending Present.
Revolutionary Claim, Act June 7, 1832.
Recorded by G. T. Gally Clerk, Book Vol. Page 135.

State of New York Before Moses Dolph Esquire one of the Suffolk County Judges of the Court of Common Pleas of the County of Suffolk
On this Second day of December in the year of our Lord one thousand eight hundred and thirty three person- -ly appeared before me Moses Dolph one of the Judges of the Court of Common Pleas of the County of Suffolk and State of New York Benajah Bouton a resident of the Town of Huntington in the said county aged Seventy three years who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832
That he was seventy three years of age on the last day of October last past as appears from the family record of a bible now in the possession of his sister Eliza Brewster who resides at Brooklyn That he was born at Poundridge in the County of Westchester in the State of New York and resided there until the summer of 1777 when he removed with his Father from the Town of Poundridge to the Town of South Salem in the said County he resided one year and then removed back to Poundridge aforesaid where of Westchester where he continued to reside when at home until after the revolutionary war that since the revolution he had the chief of the time resided at Brooklyn and at Huntington in which last place he now resides and has resided there upwards of twenty years
That he served as a private soldier in the revolutionary war in the regular militia or volunteer companies under the officers and for the periods following
That some time in the month of December 1776 he joined a volunteer company of infantry called Delavans rangers comm- -anded by Captain Samuel Delavan which company volunteered for three months service during the whole of which time respondent continued in service in said company
That Noah Bouton was a Lieutenant and Daniel Delavan an ensign in said company that the said company was attached to a regiment

of militia commanded by Col Thomas Thomas of the county of Westchester that he was an inhabitant of the town of Pound Ridge at the time he enlisted in said company and that Samuel and Daniel Delavan were inhabitants of the town of North Salem in the said county of Westchester.
That some time in the month of April following this deponent was called out as a private militia man in a company commanded by Captain William Fawler of Pound Ridge aforesaid in which Jehiel Bouton of the same town was a lieutenant. That said company joined the troops under the command of General Arnold and marched against the British after the burning of Danbury in the state of Connecticut and overtook and attacked them at Bridgefield in the said state and prisoners them until till they embarked at a point to the east of Norwalk in said state when the said company returned home. That the whole of this service was performed in a few days.
That in the summer of 1777 the deponent removed with his father from Pound Ridge to the town of South Salem in the said county of Westchester and after their removal and during the same summer he was called into service again as a militia man to defend Fort Montgomery which was taken before the company could reach it after which the company marched to Peekskill in said county. That the deponent then remained in service one month. That Captain Abijah Gilbert commanded the said last mentioned company which was attached to the regiment commanded by the aforesaid Col Thomas.
That in the fall of 1778 he joined a volunteer company for three months service under the command of Capt Samuel Lewis of Pound Ridge in which Jehiel Bouton junior was an ensign and that he served the three months in the said company.
That shortly after he was discharged from said last mentioned company and in the spring of 1779 he

This deponent enlisted in a volunteer company of cavalry commanded by the aforesaid Captain Samuel Delavan That the lines between the American & British lines run through the country of Westchester and continued during the whole war. That the British were stationed at Morris- nia on the south side of the lines and made frequent incursions into the American lines for the purpose of taking forage horses provisions and other property and during the whole war ravaged and plundered the inhabitants - That the said company of horse was raised for the purpose of meeting the enemy at any point more speedily than could be done by infantry in order to repel the enemy and secure the country from their incursions - That the company were bound to rally at a moments warning and were kept together at every time as long as was necessary - That these inroads of the enemy were frequent and continued to the end of the war. That the said company had many skirmishes with the enemy in which they uniformly repelled them That the enemy continued in the said country until a day or two before the evacuation of New York when the said company was discharged - that the said last mentioned company was attached to the regiment commanded by Col Thomas Thomas aforesaid - That deponent never enlisted in the continental army but served in a militia or volunteer company of the New York militia for the terms above set forth That he has no documentary evidence of his service aforesaid That he is not on any pension roll and he hereby relinquishes every claim to any other pension than the one under the act of June 7 th 1832 That deponent was well acquainted with the said Samuel and Daniel Delavan - That the said Daniel was a Captain in the continental army towards the close of the war was well acquainted with Abraham Lappet now of the city of New York who was a Lieutenant in the continental army and was frequently in the county of Westchester during the revolutionary war the deponent was also acquainted with

Benjamin Smith of New York who was a soldier in the revolutionary war with Col Elisha Sheldon who commanded a regiment of horse and Benjamin Talmadge who was a Major in the same regiment - That deponent is now old and infirm and cannot recollect things with as much accuracy as he could some years ago
Benajah Boston
Sworn to and subscribed this second day of December
1833
Before me
Moses Phelps one of the judges of the Court of Common Pleas in and for the County of Suffolk
State of New York Suffolk
County Clerk's office } I Joseph R Hunting Clerk of the County of Suffolk do hereby Certify that Moses Phelps Esq. before whom the foregoing Deposition of Benajah Boston was taken is a Judge of the Court of Common Pleas for said County that I am well acquainted with his hand writing and believe the Signature genuine I Witness whereof I have hereunto set my hand & affixed the Seal of said County this 23 d of Dec 1833
Joseph R Hunting Clk

Benajah Bouton Huntington Co. of Suffolk New York
Claimant Huntington Suffolk Co. N.Y.

Return this final
WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Imajah Boutin
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Dec 1776 3 Private Col Thomas Capt   Apr following fin days Discharged Delaware   June 1777 1 " Capt Houshaur   July 1778 3 " " Gilbrn   1779 minute Mean " - " Lewis   " Delaware  
I am, respectfully,
This final must be specified
Your obedient servant,
JAMES L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers :
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. C This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) , who has hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories 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 A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, 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. 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 that 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 shown 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.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he 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.
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 papers 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.
Proof of Service.
[j] 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 claimant's 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.
The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Benajah Boughton
N.Y. Oct 1832

County of Kings State of New York } ss.
On this Seventeenth day of November A.D. 1856, before me (a Commissioner of Deeds in and for the City of Brooklyn, County & State aforesaid) came Peter J. Berry and Samuel Smith, of the said City who, being by me severally sworn according to law, do depose and say, that they were acquainted in his life time with Benajah Bouton, of Huntington, Suffolk County and State of New York, a farmer in that place, that they were so acquainted with him for many years previous to his decease, which occurred on the Second day of October A.D. 1838; that he resided on his farm at the above place at the time of his decease, that they are also well acquaint- -ted with the family of the said deceased, and were intimate with his children, and to the best of their knowledge and belief, Samuel Bouton, of the City of Brooklyn; — Sophia Bouton, of Huntington, (West Neck,) Suffolk Co., Maria Bouton, the Wife of Lewis Brush, of the same place, and James Bouton, of the same place, are the only sur- -viving children of the said Benajah Bouton, and the said Samuel Smith, saith that he has known the said Benajah Bouton and family for fifty years last past, and Peter Berry for 35 years past. — Peter J. Berry Samuel Smith
Sworn & subscribed to before me this Seventeenth day of November A.D. 1856, and I hereby certify that I know the said Peter J. Berry, and Samuel Smith to be reputable and credible witnesses, the last named, being a Supervisor of this County and formerly a Mayor of the City of Brooklyn. Wm. M. Weed. Comr. of Deeds. City of Brooklyn.

State of New York, } ss. COUNTY OF KINGS. }
I, WILLIAM H. CAMPBELL , CLERK OF THE COUNTY OF KINGS, DO HEREBY CERTIFY, that Charles Reed whose name is subscribed to the Certificate of Proof, or acknowledgment of the annexed instrument, and thereon written, was at the time of taking such proof or acknowledgment, a COMMISSIONER OF DEEDS, in and for the City of Brooklyn, in said County, dwelling in said City, commissioned and sworn, and duly authorized to take the same. And further, that I am well acquainted with the hand-writing of such Commissioner, and verily believe the Signature to the said Certificate of Proof or acknowledgment is genuine.
In Testimony Whereof, I have hereunto set my hand, and affixed the Seal of said County, this 18th day of
185
W. H. Campbell
CLERK.

Rev.&1812 Wars Section.
mmNF see
April 24, 1928.
Harold Bouton, 22 South Park Street, Montclair, New Jersey.
Sir:
I advise you that from the papers in the Revolutionary War pension claim, S. 23133 , it appears that Benajah Bouton was born October 31, 1760 in Poundridge, Westchester County, New York and lived there until the summer of 1777, when he moved with his father (name not stated) to South Salem, Westchester County, New York, remained one year and returned to said Poundridge.
He enlisted and served as a private in the New York troops as follows:
In 1776, served three months in Captain Samuel Delevan's Company of Rangers, Colonel Thomas Thomas' Regiment and was in the battle of Throg's Neck.
Soldier also stated that he was "actually engaged at the battle of Kings Bridge on York Island under the command of Colonel Gibbs and in 'The Washington Guards'". He was also in the battle of Ward's House, near East Chester.
He enlisted April 7, 1777, served a short time in Cap-
Jan. 17 1777
I quoted his exact statement as to Col. Gibbs etc. as to have done this he must have been detailed from his own Regt.
Did not war Dec. 1776 - Oct. 1777

tain William Fansher's Company and was in the battles of Ridgefield and Saugatuck.
In the summer of 1777 and served one month in Captain Abijah Gilbert's Company, Colonel Thomas Thomas' Regiment.
In the fall of 1778 and served three months in Captain Samuel Lewis' Company.
He volunteered in the spring of 1779 in Captain Samuel Delevan's Company, Colonel Thomas Thomas' Regiment of Westchester Rangers, was out on frequent tours, amounting to about one half of his time, guarding the lines and protecting the inhabitants, was in the battle of Bedford, New York, several skirmishes and served until in November 1783.
Pension was allowed on account of his services.
After the Revolution he lived in Brooklyn, New York City and Huntington, New York. He died October 2, 1838 on his farm at Huntington, Suffolk County, New York.
Soldier was survived by his widow Ruth who died June 12, 1841. Her maiden name and date of marriage not given.
In 1824 the following children were living: Amos, Samuel, James, Benajah, Richard, Sophia Bouton and Maria Bouton.
In 1856 Samuel was living in Brooklyn, New York, Sophia Bouton in Huntington (West Neck), New York, James in same place, and Maria the wife of Lewis Brush, also in same place.
Soldier had a sister, Chloe Brewster living in Brooklyn,

New York in 1833.
ish
Correct on original
This bureau is unable to furnish the history of a soldier of the Revolution unless a claim for pension or bounty land has been made on account of his services, and a careful search of the records fails to show such a claim on file on account of the services of a Samuel Bouton as described by you.
Respectfully,
WINFIELD SCOTT, Commissioner.

affidavit of Samuel Bouton as to pension of Benajah Bouton.
Thos M. Bolton, Present
Richard B. B. Esq. Essex at East Norfolk in the matter of 11th Nov 1812

State of New York } County of Kings. } ss.
On this 18 th day of September A.D. 1856, before me personally came Samuel Bouton, to me well known, who being by me duly sworn according to law, doth depose and say, that he is the son of Benajah Bouton, who served as a private and Lieutenant, in the Militia and in a "troop of Horse" stationed in Westchester County, State of New York during the "War of the Revolution", and did active duty in said War, and this deponent believes that the said Benajah Bouton was under the command of Colonel Delavan, from the reason that this deponent called on the said Colonel Delavan with his father some thirty years ago, and that they then and there talked over the occurrences that they took part in and that transpired during said War of the Revolution, and that the said Colonel then made an affidavit or statement of the facts of the case for the purpose of aiding the deponents father to obtain the pension from the United States Government, which he was entitled to by reason of said service. That the said statement or affidavit was transmitted to Washington with other papers pertaining to the case, at that time, (thirty years ago.) That the matter thus rested his father never taking any active steps to consummate the obtaining of said pension, and that he died on the Second day of October A.D. 1838.
This declaration is made for the purpose of obtaining of receiving the monies due the said Benajah Bouton for his Services in said War, (On the Pension he was entitled to but never received) to the time of his decease as aforesaid.
And further that this deponent, as the legal representative of the said Benajah Bouton, hereby petitions that in case the aforesaid papers (forwarded some thirty years ago,) cannot be found, that his Agent Thomas M. Sother, have such information as is necessary to frame his application in proper form, if this is not in accordance therewith, hereby authorising the said Sother to receive such preliminary information for him the same as if he were present.
Witness Wm Coll Peter & Bell
Samuel Bouton

The within affidavit was sworn and subscribed to before me this 18 th day of September A.D. 1856. and I further Certify that I am personally acquainted with above deponent and with the Witnesses W m Cole, and Peter C. Bell, and know them to be repu- table and credible Witnesses and residents of the City of Brooklyn
Thos. W. Weed. Com r of Deeds City of Brooklyn

Benajah Morton's application for a pension.
29.5 91
July 7. 1834 Pension Office

State of New York Suffolk County } ss I the said Moses Phelps do hereby declare it to be my opinion after the investigation of the matter and after putting the interrogatories presented by the war department that the above named applicant served as a militia man or volunteer during the revolutionary war as he states
Dated at Huntington Decm r 2 nd 1833
Moses Phelps one of the judges of the Court in the County aforesaid

City & County of Middle ss: Abraham H. Van Wyck of the City of New York New-York and William Van Wyck of said City Councillor at Law do hereby certify that we are well ac- quainted with Benajah Boston who has subscribed and sworn to the above declaration, that we believe he is a person of two and upwards, that said Benajah Boston has resided for a number of years in the Town of Huntington County of Suffolk and State of New York as a near neighbor to our father, that he is a man of good character & worthy of full faith and credit in all his state- ments. That it is generally believed in the neighborhood where he resides that he was a soldier in the Revolutionary war in the service of the United States.
Abm. H. Van Wyck
Sworn in Open Court
December 11 th 1832
Wm. Van Wyck
John Barbered Clerk

State of New York Suffolk County
I hereby certify that I am well acquainted with Abraham Van Wyck and William Van Wyck who made the preceding affidavit in open court in the city of New York the 11 th December 1832 and as hereby certify that they are respectable men and that they are entitled to be believed in any statement they make
Huntington Decm 2 nd 1833
Moses Wolfk one of the Judges of the Court of Common Pleas in and for the County of Suffolk

New York: Court of Common Pleas
In the matter of Benajah Bowton with
The Government of the United States
on application for a pension &c.
State - City and County of New York ss: Abraham Legget of said State City and County, being duly sworn doth depose say and certify, that he served as an officer in the Continental Army, during the revolutionary war that while he so served, he held the rank of a lieutenant. And in that capacity while on duty in the County of Westchester and state of New York he became acquainted with Benajah Bowton in the Annexed affidavit, mentioned. Deponent also says that said Benajah was then in the service of the United States and private in a militia or volun- teer company when deponent first became acquainted with him, and that he afterwards served in a company of dragoons commanded by Captain Delavan. And that he was a very active and serviceable man, and is now in de- ponent's opinion about twenty three years of age Deponent also says, that said Benajah was a very active whig, and that he has no doubt of his being engaged in several actions, as that part of the Country in which he was stationed was very much annoyed by the enemy. that the corps to which he belonged must have served a great deal of time, as they were almost continually called out on actual service

lastly deponent says that Benajah Bawten afore- said is and always has been a moral upright and just man, and worthy of great confidence and credit. And further deponent saith not. Sworn this 29 th day of November 1833 before me in open Court
3 Abm. Legge H
Mr B. Irving
for the City & County of New York
3 3 3

In the matter of Benajah Bouton a surviving Soldier, of the revolutionary War—
on application for a Pension.
City and County of New York Ys: Benjamin Smith of said City and County, being duly sworn doth certify depose and say, that he has been acquainted with Benajah Bouton, mentioned in the annexed affidavit since the year of our Lord, one thousand seven hundred and seventy seven. Deponent also says, that he knew the said Benajah Bouton to be a soldier, in the revolutionary war, that said Bouton was in Actual Service during said war, on the New York lines, that deponent, du- ring a period of three years or thereabouts during said war frequently saw him, that he the said Benajah was a mem- ber of a Company of Dragoons, under the Command of Captain Delevan as deponent believes, but that owing to the lapse of time and a weakness of memory, occasioned by old age, he cannot state with absolute certainty in what skirmishes or engagements the said Benajah Bouton had rendered Service, but that deponent was actually present at two skirmishes, with the British forces, one near a place called Wards house in the vicinity of East Chester, and the other near Hogs neck, in which said Benajah Bouton was actually engaged.
Deponent further says that he the said Benajah Bouton was about seventy two years in the fall of the year eighteen hun- dred and thirty two, that his moral character has been always good and irreproachable.
Benj. Smith
Sworn this 29 th day of November 1833. before me in open Court
M c D o W o m c
Full Judge of the Court of Gen. Pleas for the City & County of New York

State of New York in City and County of New York } ss.
City and County of New York ss: Thomas S. Brady of said City and County, Counsellor at Law being duly sworn doth depose and say that he has been acquainted with Benjamin Smith who subscribed his name to the within affidavit, for seve- ral years; that in the estimation of deponent, the said Ben- jamin Smith is a just and Honorable man, and worthy of my Confidence.
Sworn the 29th day of November, 1833. before me M c Guire
Thos S. Brady
John T. Brown
First Judge of the Court of Common Pleas for the City & County of NY 1833
State of New York } City & County of NY } ss I Abraham Asten Clerk of the City & County of New York Clerk of the Court of Common Pleas for the said City & County do hereby certify that John T. Brown Esquire before whom the three several affidavits were made was on the day when the same were so made First Judge of the Court of Common Pleas for the City & County of New York duly commissioned & sworn & further that I am acquainted with the hand writing of the said Judge & verily believe that the signatures respectively sub- scribed to the several affidavits are genuine
In testimony whereof I have hereunto sub- scribed my name and affixed the seal of the said Court this twenty ninth day of November 1833.
Abraham Asten Clerk

State of New York
Westchester County ss.
I Daniel Delavan of the Town of Mount Pleasant & County State aforesaid do solemnly swear that I am well acquainted with Benajah Banton now a resident of the Town of Huntington in Suffolk County in said State that I was well acquainted with the said Banton during a great part of the Revolutionary War. That this deponent well remembers that the said Banton belonged to a Volunteer Company called the Rangers commanded by Samuel Delavan a brother of this deponent that the said Company of Rangers was raised to guard the Lines: That the said Banton was a private in the said Company and served as such in said Company until the said Captain Samuel Delavan raised a volunteer Company of Horse for the like purpose of Guarding the Lines which run through the County of Westchester aforesaid and the British lying on the one side & the Americans on the other that the British made frequent Incursions on the American side for plundering foraging & other purposes to defend their lines the said Company of Horse was raised & commanded by the said Captain Delavan And the deponent well remembers that the said Benajah Banton enlisted in the said Company of Horse as a private and served in said Company as such private therein for at least three or four Years & until the end of the war and the deponent says that he was himself an officer in the Service of the United States during the said Revolutionary War served much of the time near upon the Lines in the aforesaid County of Westchester and he well recollects that the incursions of the Enemy were very frequent and that the said Company of Horse commanded by his Brother Samuel Delavan as aforesaid was generally out & in actual service from the time same was raised as aforesaid until the end of the war and further this deponent saith not.
Daniel Delavan
Sworn this 2 nd day of November 1833 before me
J. Grahame Commissioner of Rules of the Court of Westchester

I Andrew Graham Commissioner of Deeds for the Town of Mount Pleasant in Westchester County do certify that Daniel Delavan whose name is subscribed to the foregoing Affidavit appeared before me on the second day of November 1833 and made oath to the same; that I am well acquainted with the said Daniel Delavan, and that he is a credible witness
Dated Nov. 2. 1833
A Graham
I Nathaniel Bayles Clerk of the County of Westchester State of New York do hereby certify that Andrew Graham before whom the foregoing affidavit of Daniel Delavan was sworn to & who has subscribed the Certificate above was on the day of the dates thereof a Commissioner of Deeds in and for said County duly commissioned and sworn and residing in said County, and that I am well acquainted with the handwriting of said Commissioner and believe the signature subscribed thereto as his authentic
In witness whereof I have fixed the seal of said County & subscribed my name this 16 th day of November 1833
N Bayles Clk

2 Dec 1833 - Benajah Bouton - 73 years old - some time in the month of December 1776 joined a volunteer company of Infantry called Delavan's Rangers commanded by captain Samuel Delavan and served 3 months . Noah Bouton was Lieutenant and Daniel Delavan Ensign , and the company was attached to the Militia Regiment commanded by Col Thos Thomas .
In April 1777, was a private under captain William Turner , Lieutenant Jehiel Bouton , under General Arnold, served but a few days.
In the summer of 1777 was out one month under captain Abijah Gilbert Col Thos Thomas .
In the fall of 1778, joined a volunteer company un- der captain Samuel Lewis , Ensign Jehiel Bouton . Jun. served 3 months .
In the spring of 1779 - enlisted in a volunteer company of Cavalry under captain Samuel Delavan , Col Thomas Thomas - continued in the service as the times required to the evacuation of N York

29 Nov 1833 - Abraham Leggett served as an Officer in the Continental Army, during the Revolutionary War, he was Lieutenant, while acting in that capacity in Westchester Co NY he became acquainted with Benajah Benton , who was then in the service as a private in a Militia or Volunteer Co & he afterwards served in a company of Dragoons under Captain Delavan , was a very active & serviceable man - the Corps to which he belonged must have served a great deal of time.
Benjamin Smith , has been acquainted with Benton since 1777 - knew him to be a soldier in the Revolutionary War, frequently saw him during a period of three years, he was a member of a company of Dragoons under Captain Delavan , not able to say in what engagements engagements he was, but was present in 2 skirmishes with him &c
Dan d Delavan , well acquainted with Benton during great part of the Revolutionary War, well remembers that he belonged to a company of Rangers under Captain Samuel Delavan (Depew's brother) said company was raised to guard the lines, Benton was a private in said Co & so long until Delavan raised a Co of horse for guarding the lines, Benton enlisted in said company & continued to the end of the war, Depew was an Officer in said war

State of New York } Before Moses Rolph Esquire one of Suffolk County } The Judges of the Court of Common Pleas in and for the County of Suffolk
Personally appeared before me Moses Rolph one of the Judges of the Court of Common Pleas of the County of Suffolk and State of New York this Second day of December in the year of our Lord one thousand eight hundred and thirty three Benjamin Bouton an applicant for a Pension under the act of 7th of June 1832 a resident of the town of Huntington with whom I am well acquainted and being duly sworn according to law deposeth and saith that by reason of bodily infirmity he is unable to sustain the fatigue of going to the Court House which is the distance of fifty miles or thereabouts from the place of his residence and no ordinary conveyance there but by land carriage, in order to make the declaration required by the said act
Benjamin Bouton
Sworn to and subscribed this Second day of December 1833
Moses Rolph one of the Judges of the Court of Common Pleas in and for the County of Suffolk County ss I Moses Rolph do hereby certify that in my judgment the above named deponent Benjamin Bouton is unable from bodily infirmity to attend the court in this county for the purpose of making his declaration for an application for a Pension
Certified by me at Huntington Suffolk County This Second day of December 1833
Moses Rolph Judge

State of New York, Before Moses Brolph Esquire one of Suffolk County. The Judges of the Court of Common Pleas of the County of Suffolk
On this twenty fourth day of June in the year of our Lord one thousand eight hundred and thirty four personally appeared before me Moses Brolph one of the Judges of the Court of Common Pleas in and for the County of Suffolk Benajah Benton who being duly sworn according to law doth on his oath make the following declaration supplementary to his declaration made before me the second day of December in the year of our Lord one thou- sand eight hundred and thirty four in order to obtain the benefit of the act of Congress of June 7 th 1832
That during the time he belonged to Delavans company of horse between the spring of 1779 and the evacuation of New York in the fall of 1783 - he was obliged at all times to keep himself in readiness to turn out at a moments warning and that he did not during the whole time engage in any business or civil employment that would prevent him from complying with his engagement
That very frequently he was on duty in small parties during the night to keep guard and patrol the country that he was sometimes called out only for one day sometimes for two or three and was very often called out for a week or a longer time as the movements of the enemy rendered necessary
The calls were indeed so frequent and his memory is so decayed that he cannot distinctly recollect but few particulars
The objects of all the calls were uniformly to prevent the incursions of the enemy or to compel them to retire & had very little variety to leave much impression on the memory - He however distinct- ly recollects that he was called to go to East Chester and was out a week or ten days - He was also called out at the time General Washington made his retreat on New York previous to the capture of Cornwallis and was kept out for two months or thereabouts He believes according to the best of his recollection that his

attention to his military engagements either by actual service or preparation for it prevented his employment in civil functions as much as half the time from his enlistment in the spring of 1779 to the evacuation of New York in November 1783
Sworn to and subscribed Benajah Borton
this twenty fourth day of
June A D 1784
Moses Palsk one of the Judges of the Court of Common Pleas in and for the County of Suffolk

The Petition of Banajah Benton, respectfully shews that your Petitioner is now Seventy years of Age; And residing in the township of Huntington, in Long Island that during the Revolutionary War your Petitioner served six years and six months, in the rangers, Commonly called "The Westchester Rangers" And in a Company commanded by Captain Samuel Lewis, and Under Colonel Thomas; And at the close of the War Under Samuel Delevan who was Captain of a Company of Dragoons; Your Petitioner represents, that he was actually engaged at the Battle of Kings Bridge on York Island under the Command of Colonel Gibbs and in the Washington Guards In the State of Connecticut Your Petitioner fought at the battle of Ratchfield under the command of Captain Fancher in the year - 77 and the twenty seventh day of April or thereabouts in that year And also at the battle of Soeracke Shoyz that he assisted in repulsing the British from Bedford in the State of New York after the battle of Ratchfield aforesaid, and was frequently and in many places actively employed during said war and so continued until the termination thereof; Your Petitioner takes the liberty of stating that he is old and in firm that his youth was cheerfully devoted to the Service of his Country to the independence of which he ardently contributed; Your Petitioner hopes that the gratitude of that country will be exerted in contributing to his independence when old and inactive.
Dated New York Dec. 15 th 1829
Banajah Benton

during a part of the time of the service of this deponent in the Revolutionary war aforesaid; Deponent lastly says that said Banajah Barton is now living and present at the drawing of this deposition and further this deponent saith not;
Sworn this 12 th day of December 1829 before me
111/16

Bonaparte Bonaparte July 15. 39
A. C.
Ms. B. 1. 6 v. 3 p. 43.

War Department Pension Office July 15, 1834
Sir The papers relating to the  your application for a  claim of Benjamin Boatman have again been examined - Without further spe- cification in regard to the service in Captain Delaware's Company of Dragoons the claimant cannot be allowed for  no more than two months from any service there can be allowed them The case is suspended and the papers placed on file
I am respectfully
Your Obt Servt
Wm L. Sued
for and in behalf of the Commissioner of Pensions
Mr Benjamin Boatman Huntington Co of Suffolk New York

(21711)
Benajah Benton New York Act 18 March 1818
Rejechea 25 April 1830 Vide letter to Thomas J. Brady Esqr 33382
Lus 32

W. H. Father Oct. 27 1836- Stone St 13 1836-
X
29.591 New York Rev.
Benajah Boughton Suspended- to be claimed July 15 '34 Let. Rev. T. French Jan 28 '34 A m m 7/32 over

29 591
Benajah Boughton dec d of Kings Co NY
adm d June 7 1832 to most 27 th Apr l $23- a year from March 1831 to 2 October 1838 when he died , Pay to Sam l Boughton - Executor his use and that of Sophia Boughton, Maria Boughton & James Boughton, and children V.
bequeath to Thos s M c Arthur Esq r Present

Thos M. Bothe
Oct 27/56

Pension Office
October 27 1856
1832) Sir
In the case of Benajah Burton a certificate of Court should be filed showing when he died, whether he left a widow, if not what children now surviving him. The court must certify upon what testimony it bases its certificate. An administrator should also be appointed upon the estate and the amount of his Official Bond should be certified to this Office.
Thomas M. Dother Esq
Present

Henry F. Smith
Aug 25/54.

Penna Office, Jan. 25, 1854.
Sir,
In reply to your letter of the 20 th inst., you are informed that it does not appear that you have filed a power of Attorney authorizing you to prosecute the claim of Benjamin Boughton of New York, under the act of June 7, 1832, which was suspended in July 1834, for the reason that the same is a debt of the Delaware company of Oregon, West Chester County, NY, which, nor neither set forth or sustained, as required by the Regulation. If, however, you will file evidence a power of Attorney in the case, and evidence of any sum indebted by Boughton which may be found due the Bank of the Comp- ny at Allay, the same will duly be allowed and reported to you.
Henry H. French Esq., Con of B.B. French, Esq. President.

Nov 13/56
To Mr. Sather
11
[Faint, mirrored handwriting, likely bleed-through from the reverse side of the page]
[Faint, mirrored handwriting, likely bleed-through from the reverse side of the page]

Pension Office
Nov 13 1836
1832/
Sir
In the case of Benajah Brush the it must be proved by witnesses, certified to be credible just when he died and what children now survive him,
Thomas M. Dother Esq Present

Brief in the case of Benajah Broughton decd of Kings Co NYork, Act June 7 1832.
Record evidence of service described by him- self, many years ago and with which he is identified by witnesses, who were his com- temporaries and who served with him, the des- cription of service given and the testimony of the witnesses were filed in this Office more than 20 years ago when they could have had no knowledge of the existence of the Military records in the Office of the Comptroller of NYork -
His death, and the identity of his children es- tablished agreeably to our Regulations,
Thos. M. Atthor Esq Present (Agent)
Francis Lippett Examiner

State of New-York, COMPTROLLER'S OFFICE.
Albany, Oct. 10 th 1858.
I Hereby Certify , That on searching the Records in this office for the Registry of Certificates issued in pursuance of a law, passed April 27, 1784, entitled "An Act for the settlement of the pay of Levies and Militia for their services in the late war, and for other purposes therein mentioned," I find the following, viz:
   NAMES. No. OF BOOK. NO. OF CERTIFICATE. DATE. £ s. d. RANK AND NAME OF COMPANY OFFICER. RANK AND NAME OF FIELD OFFICER.     Penjah Borton Private 9 43190 1777 Oct. 13 th 1 1 11 Capt. Abijah Gilbert Col. Thomas Thomas   Penjah Borton " 8 38806 1779 Oct. 15 th 8 14 2 " Eln: Scofield " Thaddeus Crane   Penjah Borton " 8 38932 1781 Jan. 13 th 7 2 9 " David Borton " Thaddeus Crane   Penjah Borton " 8 39040 1779 Aug. 31 st 2 9 7 Lt. David Borton " Thaddeus Crane  
2 m 7 d
L 98 15 13 4
I have examined the Rolls for the items above set forth, and find them to be correct.
W. S. Kellogg Clerk.
Philip Schuyler Comptroller.

Washington Jan'y 21, 1854,
To the Commissioner of Pensions,
I desire a re-examination of the application of Benjamin Borton formerly of Huntington N.Y. for a pension under the Act of 1832.
The decision thereon was made about 1834.
The positive statement of the claimant himself, supported by the testimony of Abraham Setzett, Benjamin Smith, and Daniel Delavan, seem to me to prove a much larger service than six months.
It is hoped that the known facts respecting the service in which he was engaged, may now be found sufficient with the evidence on file to authorize a favorable decision, without other additional evidence than the records of your Dept. Supply.
With much respect
Henry H. French
"to the case of Wm. B. B. French"

16 March 1831
Pension Office
The Hon.ble John H. Eaton Secretary of War Washington D. C.
Boston

In the matter of Benijah Banton (a revolutionary) Soldier's Claimant
State — City and County of New York ss: Abraham Legget of said State City and County Gentleman, being duly sworn, doth depose and say, that deponent was an Officer in the revolu- tionary war, by which the independence of the United States was accomplished, that during said war the said Benijah Banton was a Soldier in the American Service, and a warm and Active whig , during said War: Deponent also says, that the said Banton is now living and about seventy years of age: deponent lastly says, that the said Banton is now living at present in the City of New York, and further deponent saith not.
Sworn this 7 th day of December } 1830 before me Abraham Legget
R Riker
Recorder of the City of New York

The Honble John H. Eaton } Secretary of war ————— }
I was not a little surprised to have these papers handed me by the petitioner this day, after a lapse of more than a year in some respects — Mr. Barton has been a long time unwell, and is now languing and slowly convalescent. It will be an act of great charity to assist him in obtaining the assistance promised by Government.
New York —————
March the 12 th 1831.
Yr. Obd t Serv t
Thomas S. Brady 138 Nassau St New York
P. S. Do me the favour of writing me a line in answer

Probate of the Last Will & Testament of Benajah Benton Bee?

State of New York } ss. County of Kings }
On this First day of November A.D. 1856, before me came Samuel Bouton of the City of Brooklyn, to me known who being by me duly sworn, according to law, doth depose and say, that the annexed instrument is a Copy of the last Will and Testament of Benajah Bouton, Deceased, and the probate of the same as proved before George Miller, Surrogate of the County of Suffolk, State of New York, that this deponent and William A. Hardenbrook Junior, were appointed and admitted as Executors on the Estate of the said Benajah Bouton, and as their own responsibility was admitted, Bonds were not required of them, nor is it required by the Laws of the State. That the Widow of the said Benajah Bouton survived him, but died about two years subsequent (June 12 th 1841) the said Benajah having died on the 2 d day of October, A.D. 1838; that the widow of the said Benajah as is shown by said will, was allowed a definite sum in lieu of dower; That the said William A. Hardenbrook, Jr. his Co-Executor has since died, leaving him (this deponent) the sole surviving Executor of the Estate of the said Benajah Bouton, and as the said Executor he has made application to the United States Government for certain monies due the said Estate for services of Benajah Bouton during the Revolutionary War; and as the said Executor he considers and it is so considered, that his duties are not finally ended until the receipt of the pension monies aforesaid, and its disbursement to the heirs, and further deponent saith not.
Sworn and subscribed to } Samuel Bouton before me a Commissioner of Deeds for the County of State } aforesaid Nov. 1 st 1856 Thos. A. Weed } Com. of Deeds City of Brooklyn

A. SPOONER PRINT.
THE
People of the State of New-York,
BY THE GRACE OF GOD, FREE AND INDEPENDENT:
To all to whom THESE PRESENTS SHALL COME , or may Concern,
SEND GREETING:
KNOW YE , That at the Town of Huntington in the County of Suffolk, on the twenty first day of April in the year of our Lord one thousand eight hundred and forty before George Miller Esquire, Surrogate of our said County, the last Will and Testament of Benjamin Borton late of the Town of Huntington in the County of Suffolk and State of New York
deceased, for copy whereof is hereto annexed and is now approved and allowed by us, and the said deceased having while living and at the time of his death goods, chattels and credits within this State
by reason whereof the proving and registering the said Will and the granting Administration of all and singular the goods, chattels, and credits, of the said deceased, and also the auditing, allowing, and final discharging the account thereof, doth belong unto the Surrogate of the said County; the administration of all and singular the goods, chattels, and credits of the said deceased, and any way concerning his Will, is granted unto
Samuel Borton and William Borton his Junior
Executors in the said Will named they being first duly sworn or affirmed faithfully and honestly to discharge the duties of such Executors.
IN TESTIMONY WHEREOF, we have caused the Seal of Office of our said Surrogate to be hereunto affixed.
Witness , George Miller Esquire, Surrogate of our said County, at Riverhead the twenty second day of April in the Year of our Lord one thousand eight hundred and forty and of our Independence the sixty four
George Miller Surrogate.

In the name of God Amen, I Benajah Benton of the town of Hant- ington County of Suffolk, being of sound mind, memory and understand- ing, praised be God for the same, do make, publish and declare this my last will and testament in manner and form following, to wit, Item 1 st My will that my Executors herein after named pay off and discharge all my just debts and funeral charges as soon after my decease as convenient. Item 2 d My said Executors shall sell (at auction or otherwise as they shall see fit) all my real estate, and they are hereby authorized and empowered to give a good and sufficient deed for the same. Item 3 d My said Executors shall also sell all my stock, farming utensils, hay grain fodder &c.
Item 4 th After all my just debts and funeral charges are fully settled and paid I then give devise and bequeath unto my beloved wife Ruth Benton the sum of three thousand dollars, and also all the household furni- ture, beds bedding &c for her sole and separate use, benefit and behoof for ever in lieu of her dower.
Item 5 th I then give devise and bequeath unto my son Amos Benton the sum of five hundred dollars for his sole and separate use benefit and behoof for ever.
Item 6 th I then give, devise and bequeath unto my son James Benton the sum of one thousand dollars for his sole and separate use benefit and behoof for ever.
Item 7 th I then give devise and bequeath unto my daughters Sophia Benton, and Maria Benton the sum of seven hundred and fifty dollars each (together with the beds, bedding, and linen which they have made for them- selves) for their sole and separate use benefit and behoof for ever.
Item 8 th I then give devise and bequeath unto my son James Benton the sum of eight hundred dollars for his sole and separate use benefit and behoof for ever.
Item 9 th I then give devise and bequeath unto my son Benajah Benton the sum of six hundred and fifty dollars for his sole and separate use benefit and behoof for ever.
Item 10 th I then give, devise and bequeath all the residue of my personal

Item 3 d My said Executors shall also sell all my stock, farming utensils, hay grain fodder &c.
Item 4 th After all my just debts and funeral charges are fully settled and paid I then give devise and bequeath unto my beloved wife Ruth Benton the sum of three thousand dollars, and also all the household furniture, beds bedding &c for her sole and separate use, benefit and behoof for ever in lieu of her dower.
Item 5 th I then give devise and bequeath unto my son Amos Benton the sum of five hundred dollars for his sole and separate use benefit and behoof for ever.
Item 6 th I then give, devise and bequeath unto my son James Benton the sum of one thousand dollars for his sole and separate use benefit and behoof for ever.
Item 7 th I then give devise and bequeath unto my daughters Sophia Benton, and Maria Benton the sum of seven hundred and fifty dollars each (together with the beds, bedding, and linen which they have made for themselves) for their sole and separate use benefit and behoof for ever.
Item 8 th I then give devise and bequeath unto my son James Benton the sum of eight hundred dollars for his sole and separate use benefit and behoof for ever.
Item 9 th I then give devise and bequeath unto my son Benajah Benton the sum of six hundred and fifty dollars for his sole and separate use benefit and behoof for ever.
Item 10 th I then give, devise and bequeath all the residue of my personal estate to my children to wit, Richard Benton, Samuel Benton, Sophia Benton, Maria Benton, James Benton, Amos Benton and Benajah Benton, each share and share alike for their sole and separate use, benefit and behoof for ever.
And lastly, I do hereby constitute and appoint my son Samuel Benton, and my friends Zepher Kahley and William Hardenbeck Junior my Executors, and I do hereby declare this as my last will and

testament hereby revoking all other wills or wills to me heretofore made. In witness whereof, I the said Benajah Benton have hereunto set my hand and seal this twenty fourth of September one thousand eight hundred and twenty four-
Signed, sealed and delivered by the said Benajah Benton as his last will and testament in pres- ence of us at his request and in his presence we have signed our names as witnesses thereto Note the word "then" substituted between 3rd & 4th line before signing
Benajah Benton L.S.
and also an erasure on the 10th line Abraham Van Wyck Wm Hardenbrook Jr. Samuel Van Wyck
State of New York
County of Suffolk } ss. Be it remembered that at a Surrogates Court held at the Farm of Samuel S. Lender in the Town of Huntington in the County of Suffolk on the twenty first day of April one thousand eight hundred and forty before George Miller Surrogate of the said County, the last Will and Testament of the said Benajah Benton whereof is hereto annexed, was admitted to Probate upon the written consent of the widow and next of kin of the said deceased waiving the service upon them of the citation, upon the testimony of Abraham Van Wyck, William Hardenbrook Jr and Samuel Van Wyck who after being duly sworn by the said Surrogate testified that they were well acquainted with the said Benajah Benton deceased, that they saw him subscribe the instrument a copy whereof is hereto annexed, and heard him declare the same to be his last will and testament, that they subscribed the same as witnesses in his presence and at his request and that at the time thereof the said Benajah Benton was of full age, of sound mind and memory and not under any restraint. Whereupon I the said Surrogate being satisfied of the genuineness and validity of the said Will, do order that the said will be admitted to Probate and that Letters Testamentary thereon be granted to Samuel Benton and William Hardenbrook Jr Executors in the said will named they having taken and subscribed the oaths prescribed by law.
George Miller Surrogate

Probation
23 133 INVALID.
1928-Yes-4-Heib; to Harold Boulton - MMNF
File No. 23,133
Berafik Boulton
His Res 1928
Act: June 7 th 89
Index:—Vol. 2 , Page 44
[Arrangement of 1870.]

State City and County of } New York } ss: Benjamin Banton late of the township of Huntington and now of the City and County of New York being duly sworn doth depose and say, that the several matters set forth in the annexed Petition, are true in substance and in matter of fact: And further this deponent saith not.
Sworn this 11 th day of December 1829. before me
Benjamin Banton
[Signature]
Commissioner

CABLE ADDRESS: BOUTON
MEMBER NEW YORK BAR
HAROLD BOUTON COUNSELOR AT LAW 22 SOUTH PARK STREET MONTCLAIR, N. J. TEL. MONTCLAIR 9330
April 9, 1928.
Not sufficient Clarke to do the increasing work
Commissioner of Pensions, Washington, D. C.
Dear Sir:
I should greatly appreciate a reply to my letter March 22nd regarding military records of the two given members of my family, Samuel and Benajah Bouton.
Yours very truly,
Harold Bouton
HB:FM

HAROLD BOUTON COUNSELOR AT LAW 22 SOUTH PARK STREET MONTCLAIR, N. J.
March 22, 1928.
Commissioner of Pensions, Washington, D. C.
Dear Sir:
I am trying to locate the war records of the following members of my family and from a preliminary investigation of the public records of the New York State Public Library, I understand that they were soldiers and enlisted from Poundridge, New York, but I should like in addition to know whether either or both were officers and also what the names of the regiments were in which each of them enlisted.
Any information you can give me in this respect will be greatly appreciated.
Yours very truly,
HB:FM
Harold Bouton
SAMUEL BOUTON Born at New Canaan, Stamford, Conn. April 11, 1730; said to have married about 1754. He lived at Poundridge, N.Y.
BENJAH BOUTON Son of the above, born October 31, 1760 lived at Poundridge, New York. Married. Died about 1838. Buried at Huntington, L.I.N.Y.

HAROLD BOUTON COUNSELOR AT LAW 22 SOUTH PARK STREET MONTCLAIR, N. J.
April 25, 1928.
Mr. Winfield Scott, Commissioner, Bureau of Pensions, Dept. of Interior, Washington, D. C.
Dear Sir:
Thank you for your prompt reply of April 24th. The letters of March 22nd and April 23rd give the data concerning my relatives, referring to their service in the Revolutionary War.
I have no further data as to their service, except that I know soldiers of that name did enlist from Poundridge, New York, in the war, and I was referred by one of the U. S. Government's departments to your office for further information.
Yours very truly,
HB:EA
This was written by Commissioner C. C. C. at H. B. - said Commissioner in his letter and was not seen and at this time work was for last two weeks clear of his in the station

BOUNTY LAND WARRANT RECORD CARD*
NAME Bouton, David GRADE Private LINE Connecticut
WARRANT NUMBER 5518 ACREAGE 100 ISSUED June 27, 1789 To Samuel Hait
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.