Revolutionary War Pension and Bounty Land Warrant Application File S. 34,310, Benet Davis, Mass

SERVICE
NUMBER _____
Davis, Benek or Benit or Bennett
S. 34,310
CONTENTS

Apr. 22, 1886 Statement sent to Ezra S. Stearne of East Bridgewater No. - on clip inside
786
Massachusetts
Bennett Davis
of Worcester Co in the State of Massachusetts who was a private in the company commanded by Captain White of the regt commanded by Colonel Putnam in the Massachusetts line, for the term of three years, from May 1777 to 1780
Inscribed on the Roll of Massachusetts at the rate of eight Dollars per month, to commence on the 14 day of April 1818 and
Certificate of Pension issued the 1 st of June 1818 and sent to Hon. Edward Bangs, Worcester, Mass.
Continued on the Roll on 7 th day of February 1832 and notification sent to Hon. J. G. Kendall at House of Reps. Pension commencing on the 6 th of February 1832.
Amount due on 4th of March 1832 }
$ 4.74
{ Revolutionary Claim, Acts March 18, 1818, May 1, 1820. }

State of Massachusetts
I, Bennet Davis, a Citizen of the United States, now resident at Ashburnham in the County of Worcester in the State aforesaid, do on oath, testify and declare, that in the War of the Revolution, on the twenty fifth day of May A.D. 1777
I entered and was engaged in the land service of the United States on the continental establishment, and served accordingly from that time to the 26 th day of May 1780
as a soldier against the common enemy, without any interruption or absence: that I belonged to the Capt. 1 st Mass ts Reg t Company in the 5 th Mass ts Reg t Commanded by Col. Rufus Putnam and Genl. Vixen Brigade
and that I left the service on the 26 th May 1780
and that, by reason of my reduced circumstances in life and poverty, I stand in need of assistance from my country for support, being now of the age of fifty seven years & reduced in circum- stances & need of relief
Bennet Davis
And I hereby relinquish all claims to every pension heretofore allowed me by the laws of the United States, if any may be or hath been so allowed.
Bennet Davis
BE IT REMEMBERED, That on this 14 th day of April in the year of our Lord one thousand eight hundred and Eighteen pursuant to a law of the United States, entitled, "An Act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary War," made and passed on the 18 th of March, A. D. 1818, personally appeareth before me, Edward Bangs one of the Judges of the Circuit Court of Common Pleas for the western Circuit in said State composing said County of Worcester
Appeared the abovenamed Bennet Davis -
and after due examination and caution to testify and declare the whole truth, he maketh oath to the declaration aforesaid, and subscribes the same in my presence; and, on examination duly made by me the said Judge, it appeareth to my satisfaction that the said declaration is true,
with the seal of said Court
Edward Bangs

Schedule.
Declaration, in order to be continued on the Pension List under the act of May 1st. 1820.
Commonwealth of Massachusetts. County of Worcester ss.
On this eighth day of December 1831, personally appeared in open Court, being a Court of Record for the County of Worcester, Bennett Davis, resident in said County aged seventy years, who, being first duly sworn, according to law, doth, on his oath, make the following declaration, in order to obtain the provision made by the Acts of Congress, of the 18th. March, 1818, and the 1st. May, 1820, that he the said Bennett Davis enlisted for the term of three years on the 26th. day of May in the year 1777 in the State of Massachusetts, in the Company commanded by Capt. White, in the Regiment commanded by Col. Rufus Putnam in the line of the State of Massachusetts on the Continental establishment; that he continued to serve in said corps until the expiration of the time for which he enlisted, in 1780, when he was discharged from the service in the High Lands in the State of New York; that he hereby relinquishes every claim whatever to a pension, except the present, that his name has been placed on the pension list; that the number of his pension certificate is 786, and that he never before exhibited a schedule of his property, because he apprehended his property was of such an amount as to preclude him from being restored to the pension list, excepting on the fourth of March 1829, when he made a declaration, and exhibited a schedule of property then in his possession, in order to be restored to the pension list, but failed in his application, as he supposes for want of satisfactory evidence of his poverty. And in pursuance of the Act of the 1st. May, 1820, I do solemnly swear that I was a resident citizen of the United States, on the 18th. day of March, 1818; and that I have not, since that time, by gift, sale, or in any manner, disposed of my property, or any part thereof, with intent thereby so to diminish it as to bring myself within

the provisions of an Act of Congress, entitled, "An Act to provide for certain persons engaged in the land & naval service of the United States, in the Revolutionary War," passed on the 18th. day of March, 1818; and that I have not, nor has any person in trust for me, any property or securities, contracts, or debts, due to me; nor have I any income other than what is contained in the schedule hereto annexed, and by me subscribed. That, since the 18th. of March, 1818, the following changes have been made in my property: Bennet Davis.
Sworn to and declared, on the eighth day of December A. D. 1831. before the Justices of the Court of Common Pleas for the County of Worcester, and Commonwealth aforesaid.
Attest. Abijah Bigelow. Cler.
Sworn to, and declared, on the eighth day of December A. D. 1831. before the Justices of the Court of Common Pleas for the County of Worcester, and Commonwealth aforesaid.
Attest. Abijah Bigelow, Cler.
I Bennett Davis testify and say, that the above schedule contains a true account of my present property. No material changes have taken place in my personal property since Mar. 18. 1818. I have raised but little produce on my land for many years - have very often been obliged to buy grain for my family, until the contract hereinafter, named by my Sons for my support. I have occasionally fattened a cow and killed her for my own use and have sold some years a few pounds of butter & cheese & procured therewith what

necessaries I have used. I have been gradually growing poorer, & my personal estate, such as farming tools & household furniture, are either worn out, or much decayed and of little value - my farming tools are now worn out and gone. The only change in my real estate since Mar. 18. 1818 is, that I conveyed the same as follows. May 12. 1827 I conveyed about \frac{2}{3} of my real estate to my Sons, Joseph & John C. Davis. (my growing infirmities compelled me to this measure). The consideration of the two deeds to them, viz. $1000 & $125. was nominal. All and every thing I received or expect to receive, was this written contract, of which the following is a copy. "Know all men by these presents that we Joseph Davis & John C. Davis of Ashburnham in the County of Worcester bind ourselves and heirs, executors administrators to fulfil the following contract with their father Bennett Davis to provide meat grain and sauce necessary for the support of himself & wife - also to keep two cows six sheep summer & winter."
Ashburnham May 12. 1827.
Attest Charles Davis
Edward Smith.
Joseph Davis John C. Davis.
At the same time I executed a deed of the other part, or \frac{1}{3} of said farm (all of which farm is about 80 acres) to my daughters, Elizabeth and Charlotte Davis, which deed was not delivered, but was placed in the hands of Silas Millard, Esq. to be delivered to them at my decease - my son Ebenezer Davis was also a grantee named in said deed, to hold an equal share with my daughters - My sons Joseph and John C. occupy and cultivate said \frac{2}{3} , without lease, but by my consent.
I consider & know that their bargain was a hard one, that they will not be half paid, & I live short on that account, as a matter of justice - By this time I should have been a town charge, if my sons had not helped me as aforesaid, & my daughters had been paid their just claims - I justly owe my said daughters as much as I consider the present value of the whole of said real estate.
I am seventy years of age - I cannot do any labor of any considerable value - My wife Elizabeth Davis is seventy three years of age - has for 20 years been sick

& a great expense for nursing and medicine. - She is now sick and under the Doctors care - and cannot labor, being unable to make her own bed. In my family my son, Ebenezer Davis has always and still lives - he is not capable of taking care of himself - for reasons stated in the depositions in the case. My said daughters whose deposition is also in the case are also members of my family.
I think I enlisted by the name of Bennett Davis and was discharged by that name. My whole name is Ebenezer Bennett Davis as named in said deeds.
Benet Davis.
(A)
Inventory of all the real & personal estate of Bennett Davis of Ashburnham County of Worcester & State of Massachusetts as shown to the Subscribers and appraised by them.
The annual rent of \frac{5}{8} of 80 acres of land which was conveyed by said Davis to his sons
The annual rent of \frac{3}{8} of said 80 acres
Two cows
Six Sheep
one looking glass
one clock
Table cloths 3.25 Towels 1.67
Warming pan .75 one old case of drawers 1.25
Tables 3.00 chairs 1.50 Spinning wheel .75
Glass ware 1.00 Pewter 3.00 Earthen ware .75
Tin ware 1.00 Knives & forks 1.00 Spoons 1.00
Iron Kettles 2.83 flat irons .33 Shovels & tongs 1.00
Andirons 1.25 Skimmer & Ladle .35
Grasp Kettle
20.00
12.00
31.00
7.50
1.00
5.00
4.92
2.00
4.25
4.75
3.00
4.16
1.50
3.00
104.08
Benet Davis
Daniel Jones
Elias Lane
October 8. 1831.
Worcester ss. Ashburnham, October 8. 1831. The within named Daniel Jones & Elias Lane have made oath that they have appraised the property of Bennett Davis according to their best skill & judgment. Before me Silas Willard, Justice of the Peace.

I Abijah Bigelow, Clerk of the court aforesaid, do hereby certify, that it appears to the satisfaction of the court, that the said Benet Davis did serve in the Revolutionary War, as stated in the preceding declaration, against the common enemy, for the term of nine months, under one engagement, on the continental establishment. I also certify, that the foregoing oath, and the declaration and Schedule thereto annexed, are truly copied from the Records of the said court. And I do further certify, that it is the opinion of the said court, that the total amount in value of the property exhibited in the aforesaid Schedule is one hundred and five dollars and eight cents.
In testimony whereof I have hereunto set my hand, and affixed the seal of the said court of Common Pleas, on this sixth day of January A. D. 1832.
Abijah Bigelow, Clerk.
"Declaration and" interlined by A. Bigelow.

Deposition of Elizabeth Charlotte Davis

We Elizabeth Davis & Charlotte Davis both of Ashburnham in the County of Worcester & Commonwealth of Massachusetts of lawfull age testify and say that we are the Daughters of Ebenezer Bennett Davis of said Ashburnham & that the said Elizabeth have worked for my father since I was eighteen years of age as much as fourteen years and have not had any pay for said service except a part of my clothing and the said Charlotte Davis have worked for my father since I was eighteen years of age as much as fourteen years & a half and have not had any pay for my service except a part of my clothing which is equal to thirty three and a half years work for one which can not be less than Twenty five Dollars a year besides the clothing that we have received which would amount to above eight hundred Dollars for which service our father in the year eighteen hundred & twenty seven gave us a Deed of part of his real estate then considered about one third part the said part or one third was then considered valued at between two & the hundred Dollars but we was not to have possession of the said land so long as our father and Mother should live or the survivors of them we further say that our father has not been able to do but a very little labour for this three or four years and our Mother has been sick for above twenty years so as not to do any housework at any time and but a very little sewing and has been at grate expense for Doctoring & nursing our father is now upwards of seventy years of age and our Mother now is seventy three years old Ashburnham Aug 25 1831
Elizabeth Davis
Charlotte Davis
Worcester ss On the Twenty fifth Day of August in the year of our Lord eighteen hundred & thirty one the aforesaid Deponents was examined & cautioned and sworn agreeable to law the Truth of the Deposition aforesaid by them subscribed taken at the request of Ebenezer Bennett Davis
Jos, Gervott Jus of the Peace

34 310 Rez INVALID.
File No. 34, 310
Bennett Davis
His Res Mar
Act: 18 th March 18 th
Index:—Vol. 2 , Page 103
[Arrangement of 1870.]

This certifies that Bennit Davis Has served three years in the 5 th Massachusetts Regiment, Being the full term of his enlistment; Has Conducted Himself as a good and faithfull Soldier and is hereby Discharged the Service —
Given Under My hand at Quarters Soldiers fortune this 26 th Day of May 1700
Haffield White (apt. Com d )

786
Massachusetts Roll
Bennett Davis
Line 3 yrs Mass Line 6 yrs Private
In the army of the United States during the Revolutionary War.
Inscribed on the Roll of Massachusetts at the rate of Eight Dollars per month, to commence on the 14 th of April 1818 .
Certificate of Pension issued the 8 th of June 1818 and sent to Hon. Edward Bangs, Worcester, Mass.
Arrears to 4th of Sept. 1818
Semi-annual all co-ending
4 months 21/30  $37.60
{ Revolutionary claim, } { Act 18th March, 1818 }
Ashburnham, War- cester Co.
see letter to W. Jennison Apr. 30. 1829. Hon. J. G. Kendall, 27. Jany 1832.

Deposition of Joseph Davis & John E. Davis
St. Louis
L.C.

We, Joseph Davis & John C. Davis both of Ashburnham in the County of Worcester and Commonwealth of Massachusetts, of lawful age, testify & say, that we are the sons of Ebenezer Bennett Davis of said town - that he  we have always known the farm, which he owned in 1827, consisting of about eighty acres of land - This land is poor, hard & rocky, & we think that it would have been difficult in 1827 or since to sell it for much above six hundred Dollars - We also think the annual rent of this whole lot of 80 acres would not rent for  be more than $40. in the Condition it was in 1817 - About 5/8 of this real estate was sold to us by our father, by two deeds, of May 12 th 1827 - The only consideration we gave, or agreed to give, was our written contract of the same date, of which the following is a copy - "Know all men, by these presents, that we, Joseph Davis & John C. Davis of Ashburnham in the County of Worcester, bind ourselves, and heirs, executors, administrators, toful- fill the following contract with their father, Bennett Davis, to provide meat, grain & same necessary for the support of himself & wife, also to keep two cows & six sheep summer & winter. Ashburnham May 12 th 1827 Joseph Davis John C. Davis Attest - Charles Davis Edward Smith -
We have supported our parents since this contract was made - but it is a hard contract for us, & far more favorable to our parents than we would have made with any stronger or indifferent person

If we had not made this agreement out of kindness to our parents, we do not see how they could have got along, unless by hiring - a man in the summer months if not in the winter season (for he could not without great difficulty if at all have taken care of his cattle in the winter - and by hiring a maid the whole time - we think that the wages of these persons would have cost our father not less than one hundred Dollars - per year - since 1827 - The consideration named in the deed was a nominal sum & was not named as the true value of the land -
Our mother has been Sick for about 20 years & for that time has done no house work, & nothing but a little knitting & sewing, & is now more feeble than formerly - & does not sit up near all the time - & cannot do any work at all - We have two sisters, one 38 & the other 34 years of age, who have been always at home the principal part of the time, laboring for our father's benefit - doing all the cooking & house work for the past 20 years - for which service my father has never paid them any thing whatever, to our knowledge except by giving them a deed of \frac{3}{8} of said real estate which deed is in the hands of Silas Willard, to be delivered at our father's decease. In their shares aforesaid this \frac{3}{8} of said land is very low wages, & is wholly their due - Said \frac{3}{8} we carry on & have the crops thereof, but they live with their parents & have their board partly out of the crops of the farm - & we do not make a claim on them for their board - Our brother, Ebenezer Davis, has always lived with our father - is a twin of the eldest sister - is small - has a break & has always been almost blind - He can do but little work, & is about the size of a boy of 12 years of age - Our father has always kept him in his family, & he is still with him & supported by him, a rather

by us - We had no reference to our father's obtaining a pension in making the aforesaid Contract - We did not know that he had any prospect of being restored to the pension list - We do not expect to have the any benefit from our father obtaining a pension, unless we may thereby be saved some expense which we should perhaps incur for him or our mother, beyond our contract, rather than they should wait the Compts' necessities of life - We expect to fulfil our Contract at any rate, whether he has a pension or not, as we are obliged to do, & we have no agreement or un- derstanding with him for any share in or benefit of his pension money, if he obtains a pension - The aforesaid Beed to our sister runs to them & said Ebenezer, our brother, in equal shares -
Joseph Davis John C. Davis
Worcester July 5 1831 Then the above named Joseph Davis & John C. Davis personally appeared & made oath to the truth of the foregoing Exposition by them subscribed -
Before me Joseph G. Kendall Justice of the Peace

I Silas Willard of Ashburnham in the County of Worcester & Commonwealth of Massachusetts, of lawful age testify & say that I am & have been a neighbor of Ebenezer Bennett Davis or Bennett Davis for he is known by both names for forty years & have been acquainted with him since 1783 He is seventy years of age & for three or four years past has been unable to labor to any considerable degree His wife has been sick for above 20 years & is now unable to do any thing towards her support He has a son Ebenezer who has always appeared to be about blind & has always lived with & been supported by his father or his brother since the execution of a contract in 1827 hereinafter mentioned being unable to labor I have always been well acquainted with his circumstances In 1827 he owned about 80 acres of land it was & has always been a poor rocky hard unproductive farm at that time 1827 it was not worth more than Six Hundred Dollars in my judgement His sons since their minor age may have repaired & improved it In the spring of 1827 Mr Davis became feeble & unable to do much work it was necessary as I thought that he should make some arrangement for his support as he could not longer culti- vate his land he had two daughters one or both of whom have lived with him most of the time since they became of age & when Mr Davis said he owed for their services in his family & ought to pay them my knowledge of Mr Davis family & affairs I have no doubt that he was justly indebted to his daughters Several hundred Dollars & I do not believe that he had paid them much if any thing for their services because that was his statement then that he had not & I do not believe that he had the means for many years of doing more than providing for the support of his family his two sons Joseph Davis & John C Davis agreed to take a conveyance of their father's farm & support him & their mother for life I was requested to assist them in making the agreement & writings May 12 1827 I made two deeds conveying the land of Bennett Davis to his said two sons who at the same time gave him their agreement for his support These deeds conveyed about two thirds of Bennett Davis land there was no money paid or to be paid by the sons to their father as the consideration of said Deeds the consideration named in both Deeds was only for form & nominal

& the obligations of the Sons to their Father for his & his wife's support was the only consideration for said deed. Mr Bennett Davis also at the same time executed a Deed conveying the other third part of said farm to his Daughters Elizabeth & Charlotte & said Son Ebenezer which was put in my hands & is now there to be delivered at the Father's death. I know all the facts of this transaction it was all done with perfect good faith & without fraud. I sincerely believe it was neither more nor less than what I have stated the Sons Joseph & John C Davis then said & so I thought that the income of this farm would be entirely insufficient to support their Father & mother it is true that if they had soon deceased the Sons might have been well paid by the land but I should not have been willing to have taken the land upon the same terms in the event it has proved a hard bargain & so they & I then expected there is no doubt in my mind that if Mr Davis had been left in 1827 the best course he could have adopted with out the aid of his Sons he would not now be worth $100 he must have hired labour in & out of doors & the crops could not have done more than support his family so that he must have sold land to pay annually for $50 or $100 cost of labour. I am also of the opinion that the one third of the farm conveyed to the daughters is a very moderate compensation for their services in the Davis family since they were 21 years of age the Sons Joseph Davis John C Davis Elizabeth Davis & Charlotte Davis sustain a fair character for truth.
As I know same Dec r 22 1831 Silas Willard
Worster ss on the twenty second day of Dec r in the year of our Lord one thousand eight hundred and thirty one the within named Deponent was examined and cautioned and sworn agreeable to law to the truth of the within deposition by him subscribed taken at the request of Ebenezer Bennet Davis Hosea Stone Just of Peace
Deposition of Silas Willard Esq.

I Joseph Goret of Ashburnham in the County of Worcester & State of Massachusetts, of lawful age, testify & say, that I have been acquainted with Ebenezer Bennett Davis of said town, since the year 1753. He is about seventy years of age, & appears, for three or four years past, to have been unable to labour to any considerable degree - His wife has been sick for above 20 years - He has a son, Ebenezer who has always appeared to be almost blind, who has always lived with his father - I am acquainted with his home place, which I formerly appraised upon a division among certain heirs - & which I suppose was before he sold it about 50 or 60 acres of land - The land is nearly all of it hard rocky & poor land - In 1827 there was a small old, low house & a poor barn - These buildings were of little value - I understand he had about thirteen acres of woodland; so that his whole farm was about of 80 acres - I am of the opinion that this whole real estate of 80 acres was, in 1827, worth about six hundred Dollars - & would have rented for about $40. or $45. per annum - I understand that Mr. Davis has sold his land to his children - That he sold five eighths of the same in 1827 to his sons, Joseph Davis & John C. Davis - I am very confident that this sale & his contract with his sons, which I have examined, was advantageous to the father & proves to be a hard bargain to his sons - As Mr. Davis had become unable longer to labour, I do not know what course he could have taken, if his sons had not made this contract with him - But supposing he had hired his labour, which he must have done, viz: one man for six months & a maid at all times, & less than that assistance he could not have dispensed with, the expense, or wages of these persons would not have been less than one

hundred Dollars per annum, since the spring of 1827, when I understand he sold his land. I am clear in the opinion that the sons have agreed to do & have done double what they can afford to do - I am fully of the opinion that the Crops of the said 80 acres, since 1827, would have done no more than supported Davis family, & that the wages, or an annual expense of $100. must have been defrayed by a sale of the land, or otherwise - & not from the surplus crops - I have seen the deeds given by said Davis to his sons, & they bear date May 12 th 1827.
Joseph Jervett
Worcester 19 July 5 1831 - Then the above named Joseph Jervett personally appeared & made oath to the truth of the foregoing deposition.
Before me Joseph G. Merrill Jas of Peace

Hon. Lewis Cass
Washington Feb. 6 th 1832
Sir
A sense of duty impels me to appeal from the decision of Mr. Edwards, adverse to the claim of Bennett Davis, an applicant for a pension, whose papers are herewith sent for your examination. I regret that I am obliged to divert any portion of your valuable time from more important occupations -
I think that the decision is erroneous & the reasons assigned unsatisfactory. I trust that neither will receive your confirmation.
In my judgment the papers establish the following facts - Mr. Davis is 70 & his wife 73 years of age. He is nearly unable to labor. His wife has been sick for more than 20 years. She is now sick. It is proved that she cannot even prepare the food of herself & her husband. It is also proved that, for many years, these persons have been taken care of by one or both of their daughters, whose filial affection has prompted them to make great pecuniary sacrifices in ministering to the comfort of their parents. It appears that like assistance is still necessary, because Mrs. Davis is nearly helpless & the sons

are not bound by their Contract (which is in the case) to take care of their parents.
In 1827 Davis conveyed his land to his children. 3/8 of it were conveyed to two daughters. The Deed thereof is not delivered, only because, it would seem, those of particular women live for their parents. The land itself is no adequate remuneration for services already rendered. 5/8 of this real estate are conveyed to his two sons. In consideration thereof, they promised in writing "to provide meat grain and services necessary for the support of himself & wife also keep two cows and six sheep summer & winter". Except this income, Mr. Davis has only $73.08.
What is the answer to this application? Mr. Edwards says, in the first place, that "it does not appear that the claimant is in such circumstances as to require the aid of public or private charity for his support, because it is not alleged that the provision made by his sons for him under the Contract, is incompetent, or that his sons are unable to fulfil the contract." It may not be alleged , but it is true, that this provision is incompetent. Mr. Davis has presented all the facts and relies upon them as sufficient to establish his claim. If this special cause of demurrer is sustained, I hope he may have leave to amend, since the want of this allegation is matter of form & does not touch the merits of the case. Mr. Edwards continues - "The only ground of complaint is that the sons think that they have made a hard bargain; so that this is rather an application for the relief

of the sons than of the father! Their situation the Depart- ment cannot relieve. Their father may, by rescind- ing the Contract & taking back the property, if all the parties are agreed? I beg leave respectfully to say that Mr Davis makes no "Complaint". He asks for a pen- sion. Mr. Davis' sons do not request the War Department to "relieve" them. Mr Edwards concludes that the simple fact that the applicant has secured to himself, for a valuable consideration, the means of subsistence, pre- cludes the idea of pension, & unless that could be clearly shown, he could have no just claim to a renewal of his pension.
I assure myself that you will find, Sir, on reading the papers, that Mr Davis has not these "means of subsistence" which place him beyond the need of "private or public charity." When you have examined the case, I will ask you to decide whether Mrs Davis is able to cook the pensions to be provided by the sons? If not, who is to do it? Can she convert the milk of two cows into butter & cheese? She can only do at times a little sewing. It is manifest that the daughters, or some other persons, must do most of the work of the family. How is Mr Davis to board & recompense the person employed? How is he to buy the tea & sugar which Mrs Davis, at least, has a right to regard as among the necessaries of life? How is he to procure the clothing necessary for himself & his wife? How can he pay for the medical aid which Mrs Davis frequently requires? The profits of two Cows & six Sheep are adequate to meet all these necessary expenses, then we have no case. In my opinion those profits will not pay half the board & wages of the person whom Mr Davis must necessarily employ - It does seem to me that Mr Davis does greatly need

public or private charity.
I beg your attention to the testimony. I will only add that I visited the town of Mr Davis' residence, that I might take the depositions of Col. Jewett & of the sons of Mr. Davis. I became convinced by the statements of Messrs. Jewett & Willard that the conveyance of his real estate by Mr. Davis to his sons was bona fide & necessary - I supposed that the only question could be whether there was any fraud in the contract. This is disputed. I cannot but think that Mr. Davis & his wife are now unable to procure those comforts & necessaries of life which their age & infirmities require. I trust that your decision will render the remnant of an old Solomon's life comfortable & happy -
I have the honor to be with great respect
Your obed Servt
Joseph S. Stendall

Washington Jan. 11 1832
James L. Edwards Esq.
Dear Sir,
I beg leave to make a brief explanation in the case of Bennett Davis, or Herb Bennett Davis, whose papers are sent herewith. You will perceive that I took the depositions of Jos. Jewett Esq. & of Joseph Davis & John C. Davis - I am well acquainted with Mr. Jewett & Silas Willard Esq. another deponent - They are magistrates & gentlemen of excellent character. I have the most implicit confidence in their statements - Hosea Stone is a justice of the Peace, as appears by the Massachusetts Register for 1831, which is in my hands - I enclose the original deeds of Mr. Davis to his Sons - I hope they will answer the place of certified copies, as they are proved by the witnesses. I have not obtained a copy of the Deed of the Applicant to his Daughters & other sons - Mr. Willard shows its present situation in his hands, as an escrow. Knowing the party & the above named witnesses, Messrs. Jewett & Willard, & having examined into the situation of the applicant & the conveyances to his Children, I am fully persuaded that the transaction was bona fide & that the applicant is not now a pauper, solely because his children have supported him, as explained by the testimony in the case - Very respectfully Your obedt Servt Joseph S. Kendrick

Washington July. 28 1833 - Received from the Pension Office Washington two deeds both dated May 12 1827 - in which Ebenezer B. Davis is grantor & Joseph Davis & John C. Davis are grantees - the said Ebenezer being a pensioner a said papers being evidence in his case - Received also a contract which is evidence in said case by & between the said Ebenezer of the one part & said Joseph & John C. of the other part - dated May 12 1827 - for the support of said Ebenezer by said Joseph & John C.
I promise to return to said Office copies of said instruments - as soon as may be certified by me Joseph G. Randall