Revolutionary War Pension and Bounty Land Warrant Application File R. 4959, Benjamin Hicks, New York

SERVICE
NUMBER
New York
Hicks, Benjamin
R 4959
CONTENTS
Twelve horizontal dotted lines for writing.
Twelve horizontal dotted lines for writing.

His claim to Officer Pension
Benjamin Hicks
N.Y. or 1828
14. N. Gilbert Washington City, D.C.

no 1 State of New York, County of Dutchess } ss.
On this 26 th day of March A. D. One thousand eight hundred and Fifty seven. personally appeared in open Court being a Court of Record at the Court- House in Poughkeepsie before the Hon Homer A. Brown a Judge of the County Court of the County of Dutchess. Benjamin Hicks. David Hicks & Peter H. Moore Executors of the last will and testament of Benjamin Hicks deceased late of the town of Milan — — — in said County of Dutchess.
Who being first duly sworn according to law- do on their respective oaths make the following declaration in order to obtain the benefit of the provisions made by the Act of Congress ap- proved May 15 th 1828 entitled "An Act for the relief of certain surviving Officers & soldiers of the Army of the Revolution" and all subsequent acts, laws and decisions in which the children of a deceased Officer are entitled to the pension vested in said Officer by reason of his services in the Revolutionary war, and who did not apply That they are the duly appointed Executors of the Estate of the said Benjamin Hicks. and the first named Benjamin. & David are the child- ren & the said Peter H. Moore son in law of the said Benjamin Hicks deceased; That the following

are all the sons and daughters living of the said Benjamin Hicks deceased. and names & ages to wit: Elias Hicks who was born the 14 th day of January. A.D. 1778; Benjamin Hicks who was born the 29 th day of November A.D. 1794; David Hicks who was born the 9 th day of Oct Dec A.D. 1797; Joseph P Hicks who was born the 25 th day of November A.D. 1780; Mary Hicks the now wife of Nathan Case Case, who was born the 11 th day of August A.D. 1782; Polly Hicks the now wife of Samuel Wilkes, who was born the 5 th day of October — A.D. 1786; Sarah Hicks, the now wife of Frederick Couce who was born the 7 th day of April — A.D. 1788; Anna Hicks who married Peter H. Moore, born the 12 th day of March A.D. 1800; — and Deborah Hicks wife of Levi Torry was born May 12 th 1791 & died the 21 st day of September A.D. 1832;
That there are no others. and they were the children of the identical Benjamin Hicks who was a Captain of infantry in the 3 rd Company of the first New York Regiment in the Continental line in the Revolutionary war & who served to the close of the war. & was entitled to half pay by the Resolves of Congress of October Twenty first Seventeen hundred and Eighty, & who received Twenty four hundred dollars in Commutation depreciated certificates at the close of the war as they are informed & verily

believe to be true - That the said Benjamin Hicks deceased left a widow to whom he was married on or about the 1 st day of January - A D 1777 ; whose maiden name was Deborah Poty . That the said Captain Benjamin Hicks died on the Twenty third day of May Eighteen hundred and Thirty six without ever having applied for the benefits of said Act of May 18 th 1828 ; And who refused the same on account of his having joined the society called friends or quakers. That his widow survived him & died the 16 th day of Dec, 1851 - Eighteen hun- dred and Fifty one, who was a quakeress and for the same reason declined to apply for the benefits of the Act of July 4 th 1836 to which she was entitled, had she applied. They having religious scruples in regard thereto. And they further declare that the said Captain Benjamin Hicks died at Milan in the County of Dutchess - in the State of New York ; That his widow, who never after married, died at Milan - in the County & State aforesaid. And the place of residence of their surviving children above named are as follows, to wit. The said Elias Hicks is a resident of Columbia County in the State of New York. Benjamin is a resident of Milan D. County - in State of New York David Hicks is a resident of Stamford D. County State of New York

Joseph B. Hicks of Nassau NY. : Amy Cage  Stace is a resident of Milan N.Y. New York - Peter Wilber is a resident of Pines Plains N.Y. New York - Sarah Cane is a resident of Middlesex New York, Deborah Lorry is a President of Milan N.Y. New York - That there is no public or private Record of said marriage - The said Captain Benjamin Hicks and the said Deborah his wife lived together and cohabited as Husband & wife always within their memories from childhood and were generally reputed & accepted among their neighbors as Husband & Wife, & they never heard anything to the contrary - There have been no writings concerning his services preserved, they believe they were destroyed or put out of the way to prevent being used, as none have ever come to their hands as his Executors.
The said Executors and declarants hereby appoint Horatio N. Gilbert of Washington D.C. as their Attorney to prosecute this claim with power to receive the Certificate or Warrant which may issue & with full power of Substitution.
Sworn & Subscribed before me This 26 th day of March 1854 And I certify they are persons of credibility
David Hicks Benjamin Hicks Peter H. Moore
H. A. Steele Dutchess County Judge

And the said Judge doth declare his opinion after interrogating the above applicants in the matter. From annexed proof that the said Elias Hicks Benjamin Hicks David Hicks Joseph B Hicks Ann Hicks the wife of Nathan Chase. Betsey Hicks the wife of Samuel Wilber & Sarah Hicks the wife of Frederick Conner & Ann Hicks now the wife of  the wife of Peter H Moore, & now dead with the exception of Deborah  Ann Hicks late wife of Levi Terry  Peter H Moore the only surviving children of the said Capt. Benjamin Hicks & Deborah his wife, the children of the identical Benjamin Hicks who served to the the close of the war in the manner set forth in the above declaration as a Captain in the first Regiment of New York troops in the continen- -tal line in the Revolutionary war. That the said Benjamin Hicks died at Milan D. County in said State on the 28 th day of May A D 1836: and his widow to whom he was married in 1777. surviv- -ed him & died at Milan D. County in said State of N.Y. - on the 16 th day of December A D 1851 over 70 Deborah Hicks wife of Levi Terry died September 21 st 1832 at Milan Dutchess Co. New York having again married. And that the annexed papers are all the evidence used in support of this claim That the above named Executors are the duly appointed Executors to the estate of the said Capt Benjamin Hicks. And I certify that I have no interest in this claim.
Henry A. Nelson Dutchess County Judge.

State of New York
Dutchess County Sp. I Geo H Tompkins Clerk of the Court of the County of Dutchess do hereby certify that Homer A. Nelson Esq. whose name appears to the foregoing Certificate was at the time of signing the same, an acting Judge within & for said County, duly Commissioned & qualified according to law & that as such full faith & credit are due to his Official Acts.
In testimony whereof & by order of said Judge I have hereunto set my hand & affixed the seal of our said Court at Poughkeepsie this 26 day of March A.D. 1837 Geo H Tompkins Clerk

Treasury Department Third Auditor's Office March 18 th 1857
Sir,
I herewith return to you the petition of Joseph B'Kicks, as one of the heirs of Benjamin B'Kicks, a Capt in the New York Line of the Army of the Revolution, and have to inform you that it appears from the Revolutionary Books of this Office that accounts of Capt Benjamin B'Kicks of the New York Line are settled and closed, and from the Journal entries it also appears that in the settlement of his accounts, his pay from the 1 st July 1782, to the 3 rd November 1783, and his commutation of five years full pay in lieu of half pay for life of $2400, were included. - His final settlement certificates were numbered from 36204 to 36208 inclusive for $300, $305, $800, $800, $800, making in all $3005, and dated 1 st May 1784. The records of this office afford no information as to the date of Commission or the time he entered the service. It is clear however that he served to the end of the war in 1783, from the payments allowed in his Account, and thereby acquired the right to commutation of five years full pay in lieu of the half pay for life, authorized by the resolve of the 21 October 1780.
Respectfully
Your obed Servt
Robt. J. Atkinson Auditor
C. N. Merrill Esq Washington City D. C.

District of Columbia County of Washington } ss. Horatio N. Gilbert of the city of Washington in said District being duly sworn, doth depose & say that the above is a true copy from an original letter from the Third Auditor of the Treasury and an Official document to be used & is entitled to be read as Evidence in the Court of Claims in the prosecution of the claim there pending between the Executors of the Estate of Capt Benjamin Hicks & the United States.
Sworn & Subscribed before me this 20 th day of March 1857 & I certify the said Affiant to be a person of credibility W. W. Dunnington, J. P.
H. N. Gilbert

State of New York County of Dutchess } p On this 25 th day of March A.D. 1857. Personally appeared before me the under- signed a Justice of the Peace in & for said County John S Rowe and Henry Green Residents of Milan in the County aforesaid who are to me well known & who are credible witnesses & who being by me duty sworn. depose and say that they were well acquainted with Mrs Deborah Hicks that they knew her for sixty or seventy years prior to her death. That they were acquainted with Captain Benjamin Hicks a reputed Officer of the Revolutionary Army. her late husband, having known him for sixty five years previous to his death
STATE OF NEW YORK, County of Dutchess, } ss.
I, GEORGE H. TOMPKINS, Clerk of the County of Dutchess,
DO HEREBY CERTIFY, That Thomas N Davis whose name is subscribed to the annexed Jurat or Certificate, and thereon written, was, at the time of taking the same, a Justice of the Peace in and for the County aforesaid, dwelling in the said County, duly elected and sworn and authorized to take the same.
And further, That I am well acquainted with the hand writing of the said Justice, and verify believe that the signature to the said Jurat or Certificate is genuine.
In Testimony whereof, I have hereunto set my Hand, and affixed the Seal of the said County, the 26 th day of March A. D. 1857
Geo H Tompkins Clerk
Sworn & subscribed before me this 25 th day of March A.D. 1857 John S Rowe his Henry Green

State of New York
County of Dutchess } On this 25 th day of March A.D. 1857. personally appeared before me the under- signed a Justice of the Peace in & for said County
John J Rowe and Henry Green Residents of Milan in the County aforesaid who are to me well known & who are credible witnesses & who being by me duly sworn, depose and say that they were well acquainted with Mrs Deborah Hicks that they knew her for sixty or seventy years prior to her death. That they were acquainted with Captain Benjamin Hicks a reputed Officer of the Revolutionary Army, her late husband, having known him for sixty five years previous to his death that they the said Capt Benjamin Hicks and Deborah Hicks lived together as husband and wife & were reputed so to be. that deponents never heard the fact of their marriage disputed or questioned That the said Capt Benjamin Hicks died on the 28 th day of May 1836. And the said Deborah Hicks died on the 16 th day of December A.D. 1851. and that the following named are the only surviving children of the said Officer viz. Elias Hicks, Benjamin Hicks, Joseph B Hicks, David Hicks Mary Hicks wife of Nathan Wise Betsey Hicks wife of Samuel Wilber, Sarah wife of Frederick Gore, Ann Hicks Wife of P.H. Moore, Deborah Hicks Wife of L. Torrey -
Said Deborah Hicks is now dead Deceased the 21 st of September 1832
Sworn & subscribed before me this 25 th day of March A.D. 1857
John J Rowe his Mark Green

State of New York County of Dutchess
On this _____ day of _____ A D 1857. personally appeared before the subscriber a Justice of the Peace in & for the County aforesaid duly authorized to administer oaths.
_____ a resident of said County to me well known as a credible witness & who being by me first duly sworn doth on his oath state, that he was acquainted with the Deborah Kicke the widow of Capt Benjamin Kicke above named & attached hereto, that he knew her for _____ years before her death, that he has examined her family Record, that he believes the same to be genuine that it is contained in a book purporting to be the _____ and printed in the year _____ and that said Record as far as relates to the marriage of the said Deborah Kicke of the death of herself & her said husband, and the names & dates of the births of their children is as follows
And that the deponent is not interested in this claim Sworn & subscribed to, the day & year first above written before me & I certify that I am in no manner interested

Benjamin Hicks died 23 rd May 1836 -
Deborah Hicks died 16 December 1851 -
Married 1777
Elias Hicks 1 Benjamin Hicks 2 David Hicks 3 Joseph P r Hicks 4 Amybase 5 Betsy Wilber 6 Sarah Couer 7 Ann Moore 8
Benjamin Hicks, David Hicks, Peter H Moore Executors - of Benjamin Hicks -
No 332. Admitted 15 May 1828, Otsego County, New York

REJECTED
4909
P. O. Deborah Hicks
Service: widow Benjamin
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: See claim of Benj Hicks who actually
Re-enlisted: performed the alleged service. he recd B.L. Wt-982 & a pension under Act 1828
Attorney: and died Apr 4 1833
P. O. _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____, 18

No 8182 Deborah Hicks, dec d . Widow of Benjamin New York.
H. N. Gilbert Ap d 21. 1857-
4959
Act July 4, 1836

H. W. Gilbert,
April 21. 1837
H. N. Gilbert Esq.
Present
Respectfully yours J. C. [?]

Pension Office,
April 21. 1857.
Sir,
The application of the children of Benjamin and Deborah Hicks, decd. of New York, for arrears of Pension, alleged to be due under the Acts of May 15, 1828 and July 4, 1836, has been examined and filed.
It may be, as they assert, that their father, being a Quaker, refused to demand a pension for any service he may have rendered, and that his widow, their mother, refused, for the same reason, to apply for compensation - but it is certain that the older Officer who rendered the service for which they now set up a claim, has no such scruples; for he actually did apply for the benefits of the Act of 1828, for this particular service, his claim was allowed and he continued to receive his pension to his death, on the 4 th of April 1833. Of course, this man could not have been the father of the applicants, who died 20 May 1836, and, consequently, was not the husband of their mother whose conscientious scruples clung to her to her death in 1854. (over)