Revolutionary War Pension and Bounty Land Warrant Application File W. 21285, Benjamin Hayes, Conn.

SERVICE
NUMBER
Conn.
Hayes, Benjamin or Hays,
W. 21285-
Alatheia
CONTENTS

11-067 R
New York
Benjamin Wayne
in the state of
who was a Private in the regiment commanded by Colonel Sherman of the Conn e ne, for the term of 6 Years
scribed on the Roll of New York
at the rate of 8 Dollars per month, to commence on the 9 of April 1818
Certificate of Pension issued the 25 of May and sent to Nat. H. Kim Hamilton Madison
Arrears to 4th of Mar 1818  86 87 semi-ann. all'ce ending 4 Sep 1818
10 22 4 30 31
$134 89
{ Revolutionary claim, } { Act 18th March, 1818. }
New York
Benjamin Wayne

Vol. 100, No. 1 to Thomas H. Hubbard Aug. 22, 1869 1820 July New York

1840 8425 Albany New York
Althea Hays dec. widow of Ben n Hays who was a in the Revolution
husband died 14th Nov 1841
Inscribed on the Roll at the rate of 80 Dollars —
Cents per annum, to commence on the 4th day of March, 1843. ending 28 April, 1845.
Certificate of Pension issued the 9th day of July, '46 and sent to
W. J. Wade Rose, N.Y.
[Acts of March 3, 1843.]
Recorded in Book at 17th June '44 Vol. 2 Page 77
Payble to Chloe Eli Levi + Naomi Hays Only surviving children
Refused

Benjamin Hayes private, 6th Sherman's Stylers Reg't 1777 war
no Rolo
admired

State of New York Madison County
Benjamin Hayes of the town of Hamilton in the County of Madison aforesaid being duly sworn deposeth & saith, That he resides in the said Town of Hamilton, & has resided there for about two years — That he served as a private soldier in the war of the Revolution for the term of six years or more, & until the end thereof, and then obtained his discharge & received a badge of merit for faithful service; — That he has lost the discharge which he then obtained — That this deponent, at the time of his entering the service, resided in the town of Simsbury, in the State of Connecticut. That after some other service, he enlisted for three years — This he did in or about the year 1777, & was in this service when Burgoyne was taken. That having so enlisted he was afterwards returned as enlisted during the war — That he commenced his service under this enlistment, at Pechskill near the Highlands on Hudson river, & belonged to Captain Ely's Company, in Colonel Sherman's Regiment & General Parsons' Brigade.

That first, Colonel Weyllis, & then afterward, Colonel Sherman commanded the Regiment. Deponent was in the Connecticut line.
Deponent has no property, no land, nor contract for any - He lives with his family on another man's land & is in very reduced circumstances - & further saith not
Sworn this ninth day of April
1818 before me Nathl King a Judge of the Court of Com. Pleas of said County.
his Benjamin Hays mark
Madison County ss.
Daniel Buttle of the said County of Madison being duly sworn saith that he is a near neighbor of Benjamin Hays the above deponent & has been so for about two years. Said Hays is a very poor man. Deponent formerly lived in the town of Simsbury in the State of Connecticut & was there, was well acquainted with the said Hays. Deponent then understood from the general voice of People that the said Hays entered the Army & continued in it.
Daniel Buttle
Sworn this ninth day of April 1818 before me Nathl King
a Judge of the Court of Com. Pleas in said County.

State of New York
Clerks Office
Madison County
I certify that Nathaniel King was, at the time of signing the foregoing affidavit, a Judge of the Court of Common Pleas of the County of Madison aforesaid, and that his signature appears to be his own proper hand writing. In witness whereof I have hereunto put the Seal of the Court of Common Pleas, of said County, and my name this 13 th April 1818.
I am, Sir, your Dep. Clk.
I Nathaniel King one of the Judges of the Court of Common Pleas in & for the County of Madison aforesaid do certify that it appears to my satisfaction that the said Benjamin Hayes did serve in the revolutionary war, as stated in the preceding declaration, against the common enemy, — and I now transmit the proceedings & testimony taken & had before me, to the Secretary for the department of war, pursuant to the directions of the act of Congress in such case provided: From my own knowledge of the circumstances of the said Benjamin Hayes I further certify that he is very poor — that he has no real estate & very little personal — that he is truly in the reduced circumstances above sworn to, & by reason thereof stands in need of the assistance of his Country for support. To preclude all mistake and be con-

formed in my acquaintance with the circumstances of the said Benjamin, I have been to his place of residence, examined his situation, & enquired of his neighbors. Dated the 13 th April 1818
Pat l King Judge as aforesaid

Ben. Haas Schedule
Formed by Thomas H. Hubbard Esq. of Hamilton Madison Co. N. York
11067
23 May 187
not entitled

State of New York Madison County ss
Schedule
On this twenty fifth day of June one Thousand eight hundred and twenty personally appeared in the court of common pleas of the said county of Madison in open court the said court being a court of record (established as such by the laws of the state of New York) for the said county of Madison Benjamin Mayes aged sixty three years resident in Hamilton in said county who being first duly sworn according to law doth on his oath declare that he served in the Revolutionary War as follows to wit that he enlisted at Symsbury in the State of Connecticut in the month of May in the year one thousand seven hundred & seventy seven (according to his best recollection in the company of Infantry commanded by Captain Ely in the Regiment (called the reserve) commanded by Colonel Weylby that he served six years at the expiration of which he was discharged at West Point in the State of New York and he further states that his original application bears date the ninth day of April one thousand eight hundred & Eighteen and that his Pension Certificate is numbered Eleven thou- sand and three six hundred and sixty seven
And I do solemnly swear that I was a resi- dent citizen of the United States on the 18 th day of March 1818 and that I have not since that time by gift sale or in any manner disposed of any property or any part thereof with intent thereby 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 and naval service of the United States in the Revolutionary war" passed on the eighteenth 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 - to wit:
I occupy a piece of land situated in Hamilton in the County of Madison, Said piece of land contains twenty acres & less upon it a log house which I occupy I contracted for this land one year ago for one hundred & sixty five dollars of which I have paid eighty dollars It is worth when paid for $200.00  I own a yoke of cattle worth 40.00    1 Cow  13.00    1 Suckling hog & 2 pigs  2.50    1 Plough & Share  5.00    1 axe  75    1 steel hoe  18    1 three pail kettle  4. " "    1. 1 Pail kettle  2.00    1. Iron pot  25    1. Broken tea kettle  25    2 Punch bowls  38    1 Bee stung  1.13    1 wooden chest  37    5 knives & forks  25    4 wooden spoons  37    2 acres of rye & wheat on the ground  5.00    Cash on hand of Pennam money  10.00    Including interest I owe to schedule mentioned for the above mentioned cattle  288.43    I owe Elias Graham for the above mentioned yoke of cattle with interest  95.00     21.00  

  To Rufus Bacon for the above mentioned nine bottles  } - 6.00    Mr Wood  1.50    Benjamin Bonny  1.50     125.00  
I am a Baker by trade & am able to perform the one third part of the labor an able bodied man can do & not more
My family consists of my wife Melicia Hays aged sixty two years whose health is equal to that of women of her age Generally, my son Levi Hays aged nineteen years who is afflicted with a pain sore upon his leg, but otherwise able & healthy, my son Homer Hays aged seventeen years who is out of health and unable to labor & my daughter Susannah Hays aged twenty years from whom I desire some assistance & my daughter Chloe Hays who has an infant illegitimate child & is a burden to me.
I mean to decline in open court this 21 st day of June 1890
Benjamin Hays mark
J. N. M. Hurd Clerk
I Deborah M. M. Hurd Clerk of the Court of Common Pleas of the County of Middlesex do hereby certify that the foregoing oath & the 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 Two Hundred & Eighty five dollars and forty three cents  In testimony whereof I have hereunto set my hand & affixed the seal of the said Court on this 22 nd June 1890  J. N. M. Hurd Clerk

Declaration
In order to obtain the benefits of the provisions made by acts of Congress of 3 rd March 1843, and 17 th June 1844, the same being acts granting Pensions to certain widows,
State of New York
Onondaga County ss. On this 25 day of November 1845, in open Court held in and for said County, at Syracuse in said County, personally appeared before the Court, Homer Hovey by me said Court aged forty two years, and upwards, who being first duly sworn according to law, doth on his oath make the following Declaration in order to obtain the benefits of the provisions made by the acts of Congress of the 3 rd March 1843, and 17 th June 1844, the same being acts granting Pensions to certain widows. That this deponent is a son of the late Benjamin Hovey, who was a soldier of the War of the Revolution, and a pensioner of the United States, and who died on the 14 th day of November 1841, Eighteen hundred and forty one, leaving at his death as his widow Abigail Hovey, this deponents Mother, who remained his widow until her death, and that the said Abigail Hovey this deponents Mother, the widow of Benjamin Hovey, this deponents Father, a pensioner of the United States as aforesaid, died on the (28 th ) twenty eighth day of April (1845) eighteen hundred and forty five, in said County of Onondaga and State of New York, and that at her death she left the following named children her surviving, being her only children her surviving, Viz Chloe Hovey of Pompey Onondaga County N.Y. Eli Hovey of Medina County Ohio Levi Hovey of Madison County New York, and Homer Hovey (this deponent) of Pompey Onondaga County New York, and that each of the age of twenty one years and upwards.
That this deponent has always understood and believed, from the statements of his parents, parents the aforesaid Benjamin and Abigail Hovey, that they were married in Litchfield Co. Ct. in the year 1784, One thousand seven hundred and eighty four, the next year after the close of the Revolutionary War, that this deponent does not know of any record of their marriage, being in existence, neither does he believe there is any existing, so search and inquiry has been made to find such record, but such efforts have been quite unsuccessful and no record has been found.
That this deponent as one of her surviving children of said Mother Abigail Hovey, widow of Benjamin Hovey, now makes this declaration and application for the purpose of obtaining the pension which was due this deponents Mother, said Abigail Hovey, as the widow of Benjamin Hovey, at her decease, at the date above mentioned, he having been a soldier of the Revolution and a pensioner of the United States, and she having been married

In his previous to the first day of January 1884. - His date of his marriage to him having been as before stated in the year 1884. That as one of the surviving children and son, and in behalf of each of her surviving children, for their mutual benefit, deponent now makes this application that this deponent is the lawful child of said Benj o and Aluthea Hays all own Brothers and Sisters to this deponent and all own children of said Benjamin and Aluthea Hays.  Sworn and subscribed before the court in open court.  This 21 st day of November 1845, Homer Hays Cha s T. Hicks Clerk of Onondaga Co. Courts
The court hereby certify that satisfactory evidence was adduced before said court, in open court, that Homer Hays the above named affiant - is a respectable person, that he is a son of the late Benjamin Hays, who was a prisoner of the United States, and died on the 14 th day of November (1841) Eighteen hundred and forty one, and who left at his decease, as his widow Aluthea Hays, the above named affiant's Mother, who did not intermarry after the death of her husband Benjamin Hays, but remained his widow until her death, and that she died in said County of Onondaga, on the (28 th ) Twenty eighth day of April (1845) One thousand eight hundred and forty five, that at her decease she left the following named children her surviving being her only children her survivors, viz. Aluthea Hays of Pompey Onondaga County New York, Eli Hays of Medina County Ohio, Levi Hays of Madison County New York and Homer Hays of Pompey Onondaga County New York, and that each one of the age of twenty one years and upwards.  Cha s T. Hicks Clerk of Onon. Co. Courts
State of New York Wayne County } ss  W. B. Wade of P'ke in said County, of lawful age being duly sworn, deposeth and saith that he conversed personally with the late Widow Aluthea Hays, widow of Benj o Hays late of P'ke in said County, relative to her marriage to said Benj o Hays late a prisoner of the United States, that she informed deponent that she was married in Gainsburg Connecticut, in Nov r 1884, the year after the close of the Revolutionary War, that she asserted that the marriage ceremony was performed by one Dea n Philips of Gainsburg C.T.  That since her death deponent called at the house where she formerly resided, and where deponent was informed she died, and that this deponent saw the record of the death of said Aluthea Hays, where he was informed it was recorded at the time of her death, and that the same showed that she died on the (28 th ) twenty eighth day of April (1845) Eighteen hundred and forty five.  Sworn and subscribed before me the 15 th day of November 1845 } W. B. Wade John J. Dickson Justice of the Peace I certify that the above named affiant is a respectable person, - John J. Dickson justice

December 18, 1937
XXXXXXXXXXXX
EA-J/ENL Benjamin Hayes-W.21285
Mrs. A.E. Turner # 2 Green Street Cazenovia, New York
Dear Madam:
Reference is made to your letter in which you request the record of Benjamin Hayes, who served in the Revolutionary War and later lived in Pompey, Onondaga County, New York.
The data which follow were obtained from the papers on file in Revolutionary War pension claim, W.21285, based upon the military service in that war of Benjamin Hayes, the only soldier of that name or similar spelling in whose claim for pension it is shown that he lived in Onondaga County, New York.
The date and place of birth and names of the parents of Benjamin Hayes are not shown.
While a resident of Simsbury, Connecticut, Benjamin Hayes enlisted in 1777, served in Captain Ely's Connecticut Company and in Colonels Wyllie's and Sherman's Connecticut Regiments. Soldier stated that he served until the close of the war and received a badge of merit for faithful service.
He was allowed pension on his application executed April 9, 1818, at which time he was aged about sixty-one years and resided in Hamilton, Madison County, New York, where he had lived two years.
He died November 14, 1841, in Onondaga County, New York.
The soldier married in 1784, at Simsbury, Connecticut, Alicia or Alatheia, date and place of birth and names of her parents not shown. In 1820, soldier stated that she was aged sixty-two years. She died April 28, 1845, in Onondaga County, New York.
2nd sol. in Conn. book as in Capt. Clift's Co. from '77 to '81 - also in Capt. Allen's Co. Col. Lytle's Regt. Did not find him under Capt. Ely or Col. Sherman. so arranged ret. this way.

The following names of children are shown:
Milo Hayes . . . . . born about 1785. Chloe Hayes . . . . . " " 1787. Susannah Hayes. . . . . " " 1800. Levi Hayes . . . . . " " 1801. Homer Hayes . . . . . " " 1803. Eli Hayes . . . . . date of birth not shown.
The following children survived their mother: Chloe Hayes, of Pompey, Onondaga County, New York; Eli Hayes, of Medina County, Ohio; Levi Hayes, of Madison County, New York; and Homer Hayes, of Pompey, Onondaga County, New York. They were allowed pension which was due their mother on account of the service of thier father, Benjamin Hayes, in the Revolutionary War.
Very truly yours
A. D. HILIER Executive Assistant to the Administrator.

information as contained in his (or his widow's) application for pension on file in this Bureau. Benjamin Hayes W.F. 21285
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     May 1774 6 yrs. Pvt. Ely { Wyllys Heman Conn  
Battles engaged in, _____
Residence of soldier at enlistment, Simsbury Conn.
Date of application for pension, Apr. 9 1818. The el. was at
Residence at date of application, Hamilton Madison Co. N.Y.
Age at date of application, 61 yrs. Died Nov. 14. 1841
Remarks: Soldier married at Simsbury Conn. in 1784. Althea --- who died in Onondaga Co. N.Y. Apr. 28. 1845. Children were Milo, Levi 19 yrs. Homer 17 yrs. Susannah 20 yrs. Chloe and Eli.
Very respectfully,
Commissioner.

Cazenovia N.Y. Nov 29, 1937
Veterans Administration Washington, D.C. Revolutionary War Records
Please give me any info you might have in regard to the Revolutionary Soldier,
Benjamin Hayes of Pompey - C.D. - V.R. - Day Co., New York State. Entered Co., New York State. enlisted in Russian record for family land record He was born in Wales in 1746 coming to this country as a young man. He settled in Pompey where he died in 1842-
Yours truly Mrs. A.E. Turner 2 Green St., Cazenovia N.Y.

Lock box 21 Conneautville, Pa., Mar. 10 th 19.
Commissioner of Pensions, Washington, D.C.,
Dear Sir:
Could you kindly inform me by early mail as to whether or not you have the name of Benjamin Hayes , born at Simsbury, Conn., April 13 th 1747., among those who fought in the Revolutionary War? My wife is a descendant of his, and wishes to make application for membership to the D. A. R. In case you have any printed matter in reference to this latter procedure, kindly enclose it, and oblige,
Commissioner Of Pensions, Yours Sincerely, Washington, D.C.
F. M. Hall
Pastor Presbyterian Church.

Roy
WIDOW, &c.
1912 Mar. 27 Heir to Rev. J. M. Hall V.L.M.
1937-Dec. 18/37. Heir to Mrs A. C. Admer. Ch
File No. 21288
Alatha Hooper Widow of Benj. Hooper Dis Rev. Mar
Act March 3rd before 19th J. H.
Index: Vol. 21 , Page 316
[Arrangement of 1870.]

State of New York Madison County ss Be it known that on the 10 th day of March 1846 Lewis Bacon of Ham- ilton in said County aged sixty five years & upwards personally appeared before the subscriber a Justice of the peace in & for said County and being first duly sworn according to law, deposes and saith, that he was well acquainted with Matthew Hayes late of Onondaga County & State of New- York, & late the widow of Benjamin Hayes, who was a Resident of said County of Onondaga at the time of his death, and who was a pensioner of the United States, and with whom this depo- nent was well acquainted, and that he was well acquainted with said Benjamin and Althea from this deponent's infancy, that they of this deponent lived in Simsbury in the State of Connecticut from their infancy until they all removed to Hamilton aforesaid. That he this deponent well recollects the Revolutionary war & that said Benjamin lived in said War. & this deponent remembers the time of the capture of Burgoyne's Army & that some of the men passed within a few miles of where deponent then lived, and this deponent further saith that he was present & will re- call the marriage of said Althea to said Benjamin, but cannot state the year but that he knows from his own recollection that was soon after the close of the Revo- lutionary war & this deponent believes about the year 1784. That after they removed to Ham- ilton aforesaid, they lived near by this depo- nent until they removed to the County of Onondaga aforesaid. That he this deponent was well acquainted with Milo Hayes the eldest son of said Benjamin & Althea Hayes & that if he were living he would be upwards of sixty

years of age,
Levi Bacon
Sworn & Subscribed this 10 th day of March 1846 before me
Tho s H. Greenly Justice
I certify that I am well acquainted with the above affiant. That he is a person of truth & veracity & a Respectable citizen of the Town of Hamilton in the County of Madison State of New York and entitled to full credit as a Witness. & I certify that the word "he" was written on erasure. & the word "said" interlined in the above affidavit before signing —
Tho s H. Greenly Justice
State of New York Madison County Clerk's Office ss I certify that Tho s H. Greenly Esqr whose signature to the foregoing affidavit & certificate was at the date thereof was a Justice of the Peace in and for the said County and that I am well acquainted with his handwriting and verily believe his signature to the same are genuine.
In witness whereof I have hereunto set my hand and affixed my seal of Office this 26 th day of March 1846
J. C. Tenney Clerk

Rose New York Nov 28 th 1845
Sir
Herewith, I enclose the application for arrears of pension, due the heirs of the late Hagar, late widow of Ben z Hagar, a pensioner, - with proof. I forward a letter rec d from the Post Master at Independence, Simsbury - in relation to this claim, or in relation to the marriage, - which will go to establish the fact, that vigorous effort has been made, to furnish positive proof of the marriage.
I am, Sir, respectfully Your humble Serv t W. G. Wade
Dear J. L. Edwards Comm te of Pensions Washington D. C.

April 13, 1896
Dear Sir,
Platonic
Matthew Hays.
Yours
J. L. Schmitz
Con-9 Business
Washington
D. C.
10

Rose New York 8 th April 1844
Sir
I beg leave to represent the enclosed affidavit in support of the claim of the heirs of Alceste Hayes as applicants under act of Congress of 7 th July 1838. As to the Town Clerk's certificate of Marriage, from the town in which they were married, I very respectfully ask, if the letter of the S r M r , which was forwarded with the other papers, is not satisfactory, upon this point, if otherwise a certificate given under both can be obtained.
I am respectfully, Your Ob d Serv t W m L. Ware
Hon ble J. D. Edwards Counsel of Devisors Washington D C

P. M. Cunnane Mrs. Hays Delphi
Cincinatti May 13 th
File A. Phelps P.M.
Miss G. Wade Ely Verona Onondaga County New York

Mathea Hays NY
Act July 38 m before 94 - d Nov 44
rejected
Acts 43. & 44
adm
2 yrs prn
P 80 to 28 apt 45 May of her death To Chloe - Eli - Levi & Homer Hays
H. G. Wade Rose NY

Post Office Simsbury May 13 1844
W. G. Wood De Sir — Yours of the 16 th of April is now before me , & I cannot neglect whether I returned you an answer or not, for the reason I have been recently absent & a further reason that just previous to the receipt of yours I returned all the information I could obtain to another gentleman upon the same subject — There is not any record of the marriage you write about in the Farmers Clerks Records — The other Letter stated they were married by Genl Noah Phelps — which was probably the case — Genl Phelps was my Grandfather died many years since — he kept a record of Marriages which was lost or destroyed some years since — I therefore trust no record of the marriage can be found — Elisha Phelps Son of Genl Phelps was minister on the same Farm — he can make affidavits that a record of marriages was kept by Genl Phelps & that it is lost — I can also get proof of Constitution of the parties & that they had a large family of children this & the like I presume is all the evidence that can be obtained — Should you wish

with evidence of this character it can be obtained - Elisha Phelps is favorably known at the Pension Office - was many years a Member of Congress - is a Lawyer has procured many Pensions - - as there will be some expense of Affidavits testimony of which he should pay with the evidence I enclose to, please write & enclose something to pay such expenses -
I am Sir Respectfully Yours -
Jeffrey D. Phelps
E. Phelps whom mentioned is not my Father he is Uncle to me -

12476 Stephen Waugh New York St. Ab. I. blade Jan 24 '46

State of New York
Cattaraugus County ss
Personally appeared before the subscriber a Justice of the Peace in and for said County of Cattaraugus, Daniel Hubbard of Pankey in said County, aged twenty three years, and upwards who being first duly sworn according to law, deposeth and saith, that he was personally acquainted with Benjamin Heays, late a prisoner of the United States, from Cattaraugus County New York, and who died in the year 1841, One thousand eight hundred and forty one, and who left at his decease as his widow Alatheia Heays, with whom this deponent was equally well acquainted, and who died on the (28 th ) twenty eighth day of April, 1845, One thousand eight hundred and forty five, and who left at her decease, her surviving, the following named children, being her only children her surviving, to wit: Chloe Heays and Homer Heays, residents of Cattaraugus County, Levi Heays, as deponent is informed a resident of Madison County New York, and Eli Heays, who deponent is informed is a resident of Medina County Ohio, and that each one of the age of twenty one years and upwards, - that this deponent has been personally acquainted with said Benjamin and Alatheia Heays first least, twenty four or five years, that at that time they were living together as husband and wife, and that since this deponent's earliest acquaintance, they had a family of children the oldest of which was near thirty five years of age, and there was not more than twelve or fifteen years difference in the age of this deponent and the oldest of the children of said Alatheia and Benjamin, that the said Alatheia Heays, widow of Benjamin Heays, late the prisoner, who died as above stated on the twenty eighth day of April, 1845, and the individual person who was living with said Benjamin Heays, late the prisoner, at this deponent's earliest acquaintance, and that she the mother of the above named children,
Sworn and subscribed before me this 24 th day of November 1845
Daniel Hubbard
Jonathan Savage J. Peace
I certify that the above named officer is a respectable person, and that for and  the  time  being is able to  act Jonathan Savage Justice of the Peace

State of New York Onondaga County
ss
Personally appeared before the subscriber a justice of the Peace in and for said County, Chloe Hays a resident of Pompey Onondaga County New York, aged fifty eight - years, the day of July, 1845, who being first duly sworn according to law, deposes and saith that she is a child of the late Benjamin Hays, who was a resident of the United States from Onondaga County, New York, and who died on the 14th day of November 1841, and who left at his death as his widow Alatheia Hays who was this deponent's Mother, and who remained his widow until her death, not having intermarried after the death of her husband, Benjamin Hays, this deponent's father, and who died in said County of Onondaga, on the (28th) Twenty eighth day of April (1845) One thousand eight hundred and forty five, and who left at her death the following named children her surviving, being her only children her surviving. viz Chloe Hays of Pompey Onondaga County, New York, Homer Hays of Pompey Onondaga County New York, Eli Hays of Medina County Ohio Levi Hays of Madison County New York, and that each one of the age of twenty one years and upwards, that this deponent has frequently heard her parents the said Benjamin Hays and Alatheia Hays speak of their marriage as having been in the year (1784,) One thousand seven hundred and eighty four, that she has understood from them that they were married in Gimsbury Hertford County Connecticut, the next year after the close of the revolutionary war,
That said Alatheia Hays this deponent's Mother widow of Benjamin Hays, this deponent's father, did not intermarry after the death of her husband said Benjamin Hays this deponent's father, but remained his widow until her death at the time above stated, Sworn and subscribed before me this,
24 th day of November 1845.
Jonathan Savage J.D. Chloe Hays mark
I certify that the above named affiant Chloe Hays is a respectable person, and that for want of practice she is unable to write, - Jonathan Savage Justice of the Peace

State of New York
Onondaga County SS Personally appeared before the Subscriber a Justice of the Peace, in and for the county aforesaid, M. B. Slocum of Pompey in said County aged fifty eight years and upwards who being first duly sworn according to law deposeth and saith That he was personally acquainted with Benjamin Hayes late a pensioner of the United States from Onondaga Co. N.Y. and who died on the 14 th day of November 1841, and left at his decease, Hattah Hayes, his widow, with whom this deponent was also acquainted, and who remained the widow of said Benjamin Hayes the pensioner, until her death, which was on the (28 th ) twenty eighth day of April (1845) One thousand eight hundred and forty five, and who left at her de- cease the following named children, her surviving being her only children her surviving, Mrs. Chloe Hayes and Homer Hayes, both residents of Onondaga Co. New York, Eli Hayes of Madison Co. N.Y. , and Levi Hayes of Madison Co. N.Y. and that each one of the age of twenty one years and upwards. — Further deponent saith that he has been personally acquainted with the above named Benjamin Hayes, and his late widow Hattah Hayes, for upwards of twenty two years past, that at his first acquaintance they were living together as husband and wife, and contin- ued so to do until the husband's death, that he is personally acquainted with their children, and knows, the eldest of their children is now near sixty years of age, com- paring her age to the age of deponents, he is positive and will not be mistaken,
Sworn and subscribed before me M. B. Slocum the 20 th day of October 1845
Jonathan Savage Justice
I certify that the above named affiant out is a respectable person. Jonathan Savage J. P.

State of New York, Onondaga County } p. Clerk's Office.
I certify that, at the date of the foregoing affidavits, the said Jonathan Savage was a Justice of the Peace in & for the said County, Commissioned and sworn that his signatures to the jurats of said affidavits are genuine, and I further certify that Charles T. Welch, is Clerk of the County Courts in and for the said County, and that the foregoing signatures, purporting to be his, are genuine.
In testimony whereof I have hereunto set my hand and affixed the Seal of the Court of Common Pleas of said County of Onondaga at Syracuse, this 25 th day of November 1845.
David Gillet Deputy Clerk absent from the Office.

12476 act 431 89 25- act '49 617 Mathew Hayes N.Y.
b. 14 Nov. 1841 wife died 28 apt. 1845 m. befwd. 1794 rejected 2 yrs admitted.
$80 under act of 1845 28 apt. 45
Chloe Hayes Eli Hayes Levi Hayes Homer Hayes
3 March 1847
W. G. Wade Esq. Rose N.Y.