Revolutionary War Pension and Bounty Land Warrant Application File W. 14649, David Gray, R.I.

SERVICE
NUMBER
RO
Gray, David Durfee, Nancy Former widow
N 14649
CONTENTS
This woman also applied for pension on account of the services of her last husband Abner Durfee. (see within for papers.)

Ara Gray to the Pension 1833.
R Island - 2969
Nancy Durfee,  formerly widow of David Gray.
who died on the _____ 1783 of Providence in the State of R Island who was a Pen. in the Army commanded by Captain Cook of the Regt commanded by Col. _____ in the R Island line for 9 mos.
Inscribed on the Roll of R Island at the rate of 30 Dollars - Cents. per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 6 th day of Aug. '39, and said to be to Chas. Durfee, Division, R.I.
Arrears to the 1 th of Mar - $ 240.00 Semi-annual allowance ending 15.00
$ 255.00
{ Revolutionary Claim, Act July 4, 1836, Pension the }
Recorded by R. Burdick Clerk, Book A Vol. 2 Page 85.

Declaration of Nancy Dyer late a widow of one David Gray now the widow of Honor Dyer, in order to obtain the benefit of the 3 d section of the act of Congress of the 4 th of July 1836 - as extended to her by the first section of one other act of Congress approved the 3 d day of March 1837 - and also in order to obtain the benefit of the act of Congress granting half pay and pensions to widows approved July 7 th 1838 -
State of Rhode Island and Providence Plantations on this 19 th day of January 1839 personally appeared before me Job Dyer chief justice of the Supreme Judicial Court of said State, Nancy Dyer a resident in the town of Swanton in the County of Newport aged Eighty years and upward, who being first duly sworn according to law, doth on her oath make the following declaration. first in order to obtain the benefit of the provisions made by the act of Congress passed July 4 th 1836 as extended to her by one other act of Congress passed March 3 d 1837 - That she on the 1 st day of January 1785, and some time previous, was the widow of one David Gray the son of Edward Gray, who (the said David) in the year 1776, and before that period and from that period up to the time of her and his intermarriage and after, resided in Swanton, in the neighborhood of Fogland Ferry (so called). That now at this time of life, her recollections are very indistinct but that under still lingering impressions of Revolutionary events, as they respect

him or her, she has full confidence in the annexed State Statements & evidence appertaining to his revolution- ary services, and in concurrence with such she verily believes - That on the first day of December 1776, and before, he the said David was enrolled as a private in the first company of Militia commanded by Cap t Isaac Cook, Philip Corey Lieut n and Philip Manchester ensign - belonging to the Regiment commanded by Col t John Cook - That in the Revolutionary war, from the 1 st of said December 1776 up to the last of the year 1779, when the British evacuated the Rhode Island, the said David, acting as a private in said Company, did and performed duties devolving upon him as such, to wit in Standing Guard and pro- tecting the shores at Tiverton from the enemy, then in possession of the Island, in divers hours and periods, in the aggregate for the full term of eight months and that after the evacuation of the Island from the enemy - To wit from said last date up to the last of October 1782 he did further, additional and like duties in draughts and detachments at Butts Hill and at Mawson's point in the Regiment or otherwise commanded by Col t Church and Bailey the full term of One months amounting in the whole to a period of Nine months of service as a private sol- dier, rendered by the said David, in the revolution- ary war, for which, under said last mentioned Acts, she the said Nancy, as late his widow, claims a pen- sion - That further, though she has much reason

to believe that the said David rendered other services to his country, on the seas, during the Revolution any war, particularly during  in a period of his absence about 1778 , as she infers, from a faint recollection; as well as from the fragments of the within annexed letter, addressed to her, in his own hand writing, and by her retained up to this date, as the only documentary vestage in her possession of his activity, enterprise suffering during the revolutionary war. Yet, as of such, she has, nor knows of no living or further documentary testimony; this she submits as a collateral subject, having no further consideration, but that of adding merit, to those services, which she deems amply sustained by the annexed evidence.
She further declares under oath, that such is her want of recollection or of record, that she could not give the precise time of her marriage to the said David. But that she was married to him by the Rev. Othniel Campbell formerly pastor of the Cong l Church in Hiverton in or about the latter part of 1777 or fore part of 1778; That at the time when the ceremony of marriage was performed, he the Rev. Othniel was sick in bed - was far advanced in life and was feeble. That there were persons present in the room, but she recollects the names only of two, persons who are long since dead - That she had by him three children, Ellery, Sally and Edward of whom, of the said Sally, now only survives - That they continued to live together as husband and wife, from the time up to the time 2

of his decease, which took place at Sea on his passage home from the West Indies in the employ of Col. J. Cook in a merchant vessel of which B. Borden was Master on or about the year fall of 1783 - and that she remained his widow to the 14 th of May 1786 -
Also the said Nancy further Declares, in order to obtain the benefit of the provisions made by one other act of Congress granting half pay and pensions to certain widows approved July 7 th 1838 - That she is now the widow of one other a second and last husband Abner Dyer, who was born in and ever resided at said Tiverton, who she verily believes was a soldier and corporal in the Revolutionary war. That were her recollection good, which she has before stated is not, her situation with respect to him during the Revolutionary period, was not such, as to enable her to state from personal knowledge any particular account of his services in that period - But that, as before, she fully concurs in a belief of the annexed Depositions of E. Gifford, L. Cuggshall, S. Simmons and David Lake, to which she would refer as well as to Documentary evidence (believed to be in the pension Department) comprising the Claim of wid. Eliphal Simmons of Caginoose Newport in which it will appear by the pay roll of Capt. Pileg Simmons in Col. Olneys Regiment at Newport R. Island. That the

said Abner there due to pay for his services as a cor- poral from Octo r 8 th to Nov r 8 th 1781 - That placing full confidence in the evidenc e above referred to, she be- lieves that the said Abner Burpee as a soldier and cor- poral in the Revolutionary war, rendered services in guarding & protecting the shores at Tiverton from the enemy then on R. Island in the middle Company of Militia so called in said Tiverton Command by Cap t B. Borden and after by others from or about Septem r 1777, to some time in Novem r 1779, in regular alternate monthly tours for the full term of fourteen months - That after, when the British had evacuated the Island, from said last date up to Novem r 8 th 1781, the said Abner did further, like and additional duties under in detachments or draughts, upon the Island at North Mentons point at divers times in the aggregate for the full period of three months, which the aforesaid terms or periods, make up the amount of seven- teen months Service rendered by the said Abner Burpee, as a soldier private and corporal in the Militia service at Tiverton and on R. Island in and during the Revolution- ary war, for which she the said Nancy, as his widow claims a pension under the act last above referred to -
She further Declares, that she was married to the said Abner Burpee on the 14 th day of May in the year 1786 and that he died at Tiverton

on the tenth day of December AD 1804 - and that she has remained his widow ever since that period -
Nancy Durfee
All which is made under oath as aforesaid, and subscribed the day and year above written, before me the said Job Durfee, and I do further certify that the said Applicant is well known to me as the widow of the said Abner Durfee, and as a credible person, and that by reason of great bodily infirmity, she is unable to appear in court for the purpose of making the declaration aforesaid
Job Durfee Ch. Jus.
The State of Rhode Island & Providence Plantations Newport ss. Clerk's Office Supreme Judicial Court County of Newport I Ebenezer P. Allen Clerk of the Supreme Judicial Court in the County aforesaid being a Court of record do hereby certify that Job Durfee is Chief Justice of said Court duly appointed & commissioned by the General Assembly of this State and his Signature above written is Genuine.

I Chas. Durfee, one of the children and Representatives of the late Hon. Thomas Durfee deceased, do testify and declare. That being in possession of many of the official records of the said Thomas Durfee, particularly those kept by him when he acted as a justice of the peace in and for the County of Newport. That upon an examination of the records of marriages by him then kept I find the memorandum following — May the fourteenth, Seventeen Hundred and Eighty Six. "Then married Abner Durfee son of John Durfee to Nancy Gray" (signed) "Thos Durfee Justice Peace" — which is a true copy of the original, excepting the date which is expressed in the margin of the same in more legible figures as follows — "1786 May 14 th ." — And being also possessed of private records kept by the said Thomas the following I also find the following memorandum (to wit), "Decem r 4 th 1804 Then departed this life my brother Abner Durfee after a few days illness with the small pox, aged — years," — Chas. Durfee —
State of Rhode Island &c
Newport County } ss. On the 31 st day of January 1839 before the subscriber a Justice of the Peace within and for said County personally came Charles Durfee, a credible person, and made oath to the above affidavit by him subscribed. Before me Asa Gray Justice of the Peace

I William Cook of Swerton in the County of Newport a Revolutionary pensioner, do testify and declare, that I was well acquainted with David Gray the son of Edward Gray, he lived part of the time at Fogland Ferry (so called) until the British took possession of the R. Island - after and during the war, he resided in the neighbourhood of said Fogland Ferry in Swerton, he was a stout able bodied man, courageous and enterprising. He was the first husband of Nancy Corey, now Nancy Dwyer the widow of Aaron Dwyer. That when their marriage took place, he could not precisely state as, but he thinks that the said David was married to the said Nancy Corey now Dwyer Nancy Dwyer, some time in the year 1777 and some little time previous to the birth, of her first child Eliza Gray. That this intermarriage, at said time was generally reported and believed that the said David was something older than he reports who is now about eighty three years, that the said David belonged to a company of Militia called the 1st company in Swerton, under the command of Capt. Isaac Cook Philip Corey Lieutenant and Philip Manchester ensign The company belonged to the Regiment commanded by Col. John Cook. On or about the first part of Decem r . as early as the month in the year 1776 - when the British first took possession of Rhode Island, and The company above referred to was called into

service to guard and protect the shores at Anverton from the enemy, the said David Grey was in said Company, acting as a private and doing duties, as a soldier in standing guard. He well recollects, that soon after the British British, so took possession of the Island, a British ship came into the river, name not recollects and anchored near or at Dogland Ferry so called. That there was a consider- able engagement had with her, in which a number were wounded, there were a company of Artillery and the Company commanded by said Cap n . Cook and others company  engaged in who were employed on it, that at this time he particularly recollects David Grey was then doing duty in said Company. - That on or about the time of this company being first called into service, it was divided into two divisions, which divisions did duty in stand- ing guard alternately on every other month. That said David Grey was in the division in which he before was, that said David Grey so continued acting in said division in standing guard and protecting said shores, until he before went into the fifteen months service, which was about the first of June 1777. That up to this date he before, has no doubt, but that the said David Grey had in the way of doing duty as referred to, rendered service the full term of three months , that four months. That though before listed about the first of June yet that he did not leave until some time after and that he had full confidence in saying that his services continued up to the time that he left, and he believes

it was continued after - That after he Depon- had served in the Continental service nine months from the time of enlistment he returned and again acted in said company as a private some time in the year '78 - as he believes in March - That about this time the said David Gray was absent for a term at sea, in what service whether in private state or continental Depon could not say - nor could he state at what time precisely he returned - but he has reason to believe that he returned and was again serving in said company as before mentioned on or about the first of the spring of the year 1779 or before That that he so continued said service till the British left the Island - That up to this date Depon believes the said David to have served including as before mentioned the full term of eight months - That after the British left the Island that he the said David with Depon and others were draughted or detached from said company - That the several draughts or detachments so made constituted in part or the whole of a Regiment commanded by Capt. Church first & Bailey Lieutenant Col. That this regiment were then stationed was ordered upon Rhode Island part of it was stationed at Buthill (so called) and part at Pointon point, That Depon stayed at said Buthill hill, and that said David Gray went in the detachment stationed at Pointon point That in this service he fully believes that the said Gray served one month, in guarding and protecting said point from the enemy, That he believes this to have been some time in the year 1781 -
Depon further states that during the time of service at Pointon they quartered at the house of Henry Almy & at South Almy - That he could not say at what house said Gray quartered at the time of said last service -
William Cook
Certified on following
page

I Certify That on this 15 th day of Decem r 1838 William Cook was duly sworn (according to his best recollection) to the truth of the the within and foregoing Deposition by him subscribed, and I further Certify That the said William is con- sidered a credible person —
Chas. H. Dyer Justice of the Peace —

I Asa Gray of Tiverton, in the County of Newport in the State of Rhode Island, of lawful age, do depone and say that I hold the Office of Town Clerk of said town of Tiverton and have the keeping of the Records of said town. That upon diligent search of the records of Marriages I do not find the marriage of David Gray and Nancy Gray there recorded. Further I do not find the marriage of Abner Durfee and Nancy Gray there recorded. - but upon the records of births I find the following to wit.
The age & births of the Children of David Gray and Nancy his wife viz. Ellen Gray was born Febr'y. 3. day A.D. 1777
Sally Gray was born January 28 th day 1780
Edward Gray was born
The age and births of the Children of Abner Durfee and Nancy his wife viz.
Catharine Durfee was born Octob. 3. day A.D. 1787
Abigail Durfee was born Sept. 6 th day A.D. 1789
Bridget Durfee was born Sept. 6 th day A.D. 1793
Harnet Durfee was born Sept 16 th day A.D. 1796
Betsey Durfee was born August 3 day A.D. 1798
And I further certify that the above is a true and exact transcript from the record. Asa Gray, Town Clerk
Subscribed and Sworn to this 31 st day of January 1839.
Caleb Durfee Justice of the Peace

Tiverton, R.I. December 18, 1838.
I have examined the Records of marriages, kept in connexion with the Records of the Congregational Church in this town, and find no account of the marriage of David Gray and Nancy Gory, now Nancy Dunfee.
If David Gray and Nancy Gory were joined in marriage about the year 1777 by The Rev. Othniel Campbell, formerly Pastor of this church; it must have been, when he was infirm, and far advanced in life. He died October 15, 1778, aged 82.
Isaac Jones, Pastor of the Con. Church, Tiverton.

I Edward Woodman of Little Compton of the age of ninety five years and upwards do testify and declare, that I was well acquainted with David Gray the son of Edward Gray and with Nancy Cory now Nancy Dyer both of Tiverton, and was particularly so and familiar with their respective situation in life early life - That in or about 1776 & 1777 the said David Gray became intimate with the said Nancy Cory, now the widow of Abner Dyer - That this intimacy continued That the said David within that period was married legally married, as he verily believes to the said Nancy by Nathaniel Campbell pastor of the Presbyterian Church in Tiverton, and that as husband  man and wife they lived together some years that during the period of their intermarriage they had three children one of whom are now living - That the marriage ceremony I did not person- ally witness, but that the marriage was duly celebrated in my full confidence and belief in from current report and from my personal knowledge of as them - That after his the said David decease when it took place I could not precisely state - but the said Nancy lived some years his widow - That of the revolutionary services of the said David I could not give any account - I was absent

much of the time from his neighbourhood during the period of the Revolutionary war - That the said David Gray was a able bodied person resided at or about England Ferry a very exposed point and that while where he did if at, and home, he could not avoid doing military duty in the Revolutionary war
I certify that on the 17 th Edward Woodman day of November 1838 Edward Woodman was duly sworn (according to his best recollection) to the truth of the above and foregoing deposition by him subscribed, and I further certify that the said Edward is considered a person of credibility -
Chas. Dyer Justice of the Peace

I Phebe M c Corrie of Tiverton in the County of Newport of the age of 65 years & upward, do testify and declare - That for years back, she lived in the neighborhood where resided David Gray, the son of Edward Gray, and formerly the husband of Nancy Gray, now the widow of Abner Dyer - That the marriage of the said David and Nancy, she did not witness, But she in time back has heard her state that she was married by Antho- niel Campbell formerly pastor of the Congl l Church in Tiverton. That they lived together, from her early recollection to the time of his decease - That she ever considered them as husband and wife - That she never doubted the marriage, nor ever heard it in anywise questioned - That the precise time of the death of the said David, she could not state - but she recollects that he died on board of a vessel in the employ of her father Col. John Cook, on his way from the West Indies on or about the fall of 1783 soon after the proclamation of peace - Leaving with her three children - Phebe M c Corrie.
I certify That on this 17 th day of Jany 1828 Phebe M c Corrie gave her oath (according to her best Recollection) to the truth of the above Affidavit by her subscribed and I further certify that she is considered a credible person. Chas. Dyer Jus. Peace

David Lake of Riverton in the County of Newport a revolutionary pensioner deposeth and saith, That he was well acquainted with Abner Dyer of said Riverton before and since the Revolution ary war - That he verily believes, that the said Abner belonged in the year 1777 and after was enrolled in and belonged to what was called the middle company of Militia in Riverton - That he depon t belonged to the lower or Third company commanded by Cap t Isaac Cook - That at a time after the British Evacuated the Island, which was about November 1779 and yet, while the French were in Newport, there was a detachment from this company to which depon t belonged and the other companies in Riverton, that these detachments were ordered to Brentons point, on the Island R. Island - That when there, these detachments were joined, or the one to which he depon t belonged, joined the one from the middle company above referred to, that in this latter detachment, he saw Abner Dyer, acting as he believes as a corporal or private - That he thinks there was no commissioned officer commanding these detachments, that they were under the orders of a sergeant, whose name depon t does not recollect; That at this time, they quartered

as he believes, at the house of one widow Harrison That said Abner there did duty with him, upon in said detachment or company which they formed, in standing guard at the different posts, the full term of one month or more and that this was as he thinks in the last of the spring or the fore part of the summer —
Deponent further states, that said Abner after, as he believes married one Nancy Gray — the widow of David Gray — That the said Abner married about the year 1804 — and that, as he believes the said Nancy is now living and continues his widow and is as he understands an applicant for a pension —
I certify that on this 3 rd day of Janu y 1839 David
David Lake
Lake the above named Deponent was sworn to the above and forego- ing deposition by him subscribed, and that he is considered a person of credibility —
Chas. D. Dyer Jus. Peace

Schabed Simmons of Tiverton in the County of Newport a revolutionary pensioner, testifies and declares that that he was well acquainted with Abner Dyer of Tiverton the second husband of now his widow Nancy Dyer, who he believes resides at Tiverton - That after he Depont. had returned from the continental army in which he had served Depont. was enrolled in the company of Milia. then commanded by Peleg Simmons - That this was about the year 1780  in the month of Sept. That after a draught or number of men was taken from the company to which he Depont. belonged and also from the other military companies in Tiverton - That these detachments were or draughts were marched to R. Island at Brentons point - That when there on duty, he was part of the term in Capt. Allen's company and part of the term in Joseph Bailey's - That they quarreled on the neck at the house of one widow Harrisons as he believes - That Depont continued there about four  three months - part of the time as a substitute That while there Depont. states he saw the said Abner Dyer during military duty as he believes a private or corporal, Depont. could not precisely recollect in standing guard, watching at the posts, in defending the Island from the enemy That these duties or services he believes were so rendered in Capt. Allen's Company - That he believes the said Abner so continued there on duty, the full term of two months he saw him at two distant and distinct times. The

The precise time he left, could not state but that it was in the spring and summer as he believes of 1784 after the last enemy had left the Island and while the French were at New port — Dep't would be understood, that the terms at which he saw Dyer doing duty at Providence point, was at distant periods of months at a time and not immediately in succession —
I Certify that on this 3 day of January 1839 Ichabod Simmons was sworn to the Truth of the above and foregoing Deposition by him subscribed and that the said Sim- mons is considered a person of credibility —
Ichabod Simmons
Cohas. Dyer Jus. Peace

V
4691
Nancy Durfee formerly widow of David Gray R.I.
(act 4 July '36 & 3 march '37 -)
act. 7 July '38.
adm'd 9 mo pre 30 $
No deductions
Chas Durfee Tiverton R.I.

Ebenezer Gifford of Tiverton in the County of Newport of the a revolutionary pensioner. Deposes and saith - That he was well acquainted with Abner Dyer late of Tiverton deceased. He resided at Tiverton and was the son of John Dyer and was the second hus- band of the now widow Nancy Dyer of Tiverton - That in the Revolutionary war - he saw him at various times, and was with him, when acting and doing duty military duty. That he was a corporal in what was called the middle Mil- itia company of Tiverton, commanded by Benjamin Borden after by Ebenezer Slocum and John Dyer belonging to a regiment at times commanded by Col. J. Cook and Col. S. Bailey - That the companies of Militia in Tiverton were divided each company into two divisions - that these divisions did duty every other month in guarding and protecting the shores at Tiverton from the British, during the time they were in posses- sion of the Island - That the said Abner Dyer did duty in the same division of the company in which deponent served. That he saw him on the Island in Sullivan's Expedition - That at times they quartered at the house of John Almy and at the best house belonging to Capt. Borden and on Armaguaket (so called) - That the said Abner, as he believes, served the regular tours of said division, in doing duty as above referred to, from Septm or about September

1777 to some time in November 1779 when the British left the Island, that the actual term of this regular alternate monthly service, he would only compute, by saying that said Division in which he & Depont belonged, did its full share of duty for one half of said period, which would be, including said September and November, 14 mo. ntho - That he occasionally did duty after the British left the Island before hostilities ceased, he has much reason to believe - but for what period he might have served at Butts Hill Brentons point and other places on the Island from '79 to '81 in which period like duties were required, he could not state - Depont gives the above statement from his best recollection
I Certify That on this 11 th day of January 1839 Elihu Gifford gave his oath (according to his best recollection) to the truth of the above and fore- going Deposition by him subscribed and I further Certify that he is considered a person of Credibility
Elihu Gifford
Chas. Dyer Jr. Pres.
J

State of Rhode Island & Providence Plantations Clerk's Office of the Court of Probate of the town of Tiverton in the County of Newport and State aforesaid
I Asa Gray, Clerk of said Court of Probate, a Court of Record, do hereby certify that Charles Durfee is a Justice of the Peace within and for said County of Newport, duly appointed commissioned and sworn and fully authorized to act in his said capacity, and that the Signatures of his name to the Seven affidavits hereto annexed are his genuine Signatures.
I further certify that Asa Gray is a Justice of the Peace within and for said County of Newport, duly appointed commissioned and sworn and fully authorized to act in his said capacity, and that the Signature of his name upon the annexed affidavit of Charles Durfee is his genuine Signature. In testimony whereof I have hereunto set my hand and affixed my seal of Office this fifth day of February in the year of our Lord One thousand eight hundred and thirty nine.
Asa Gray, Clerk of Probate Court

State of Rhode Island & Providence Plantations. Newport ss. Clerks Office Supreme Judicial Court County of Newport
I Crastus P. Allen Clerk of the Supreme Judicial Court in the County aforesaid being a Court of Record do hereby certify that Robt Durfee is Chief Justice of the Supreme Judicial Court of the State of Rhode Island & Providence Plantations duly appointed and commissioned by the General Assembly of the State aforesaid and his signature to the foregoing page is Genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of the said Court at Newport on this seventh day of February in the year of our Lord One Thousand Eight Hundred and thirty nine
E. P. Allen Clerk

Nov 11
J. S. Edwards
Commissioner of Pensions
War Department
City of Washington
D. C. —

Siverton
Feb 7 th 1829 -
D. Sir -
The enclosed is the Declaration of the widow Nancy Durfee, claiming a pension under the acts therein referred to, with the authenticating certificates and as we hope the evidence neces- sary to its support - You will observe, that the Declaration is double or presents a claim for a pension or pensions for services rendered in the revolutionary war, by her two husbands, under separate and distinct acts - being desirous of forwarding her whole claim, though small, and being not apprized of any impropriety or irreg- ularity in this form of proceeding, we have adapted it as most convenient, and she now sincerely hopes it may meet your approbation and that it - be favourably and and reason- ably considered - With very high Respect and esteem I am, your Hum ble Servant Cohet. Durfee -
Hon ble J. L. Edwards Comm te of Pensions

Tiverton Sept. 1. 1853
Sir:
Enclosed are the Declarations of Abigail Simmons widow of Abner Simmons late a pensioner etc. for a pension and also of the children of Nancy Durfee a pensioner etc. said Nancy obtained a pension under the Act of 1836. Her first husband was David Gray to whom she was married during the war. He died and she subsequently married Abner Durfee, at exactly what time the children are unable to say, but proof of the marriage they believe was sent when their mother applied for a pension, as also proof of the services of said Abner. There is a record of the births of the children of the said Abner and Nancy, by which it appears that Catharine the eldest of the children of said Abner & Nancy was born Oct 3. 1787. - Sarah, another of the Declarants was the daughter of David Gray & said Nancy and was born Jan'y. 28. 1780. - The children believe that their mother was entitled to a pension for the services of said Abner, as well as for the services of her first husband, and she not having received it, the same is now due to them.
Most respectfully Yours Asa Gray

Tiverton R.S. June 29 th 1839
Dear Sir
I have received yours of the 24 th inst. by which I am informed, that "the claim of M rs Nancy Durfee, formerly widow of David Gray, deceased, has been examined, and disallowed." That The act of 7 th July 1828 provides for those only who have remained the widows of the officers and soldiers for whose revolutionary services they respectively assert a claim; nor has she any claim under the act of 1 st July 1836, and 3 rd March 1837, as her marriage took place subsequently to the service of her first husband, David Gray, for whose service she claims " - I trust I do not request too much, when I ask, that, out of favour if not of right to a real object of charity, you would look at the papers again and ascertain whether some obscurity, in the statement of facts, or in some document annexed to it, has not led to this determination. The applicant sets forth claims under two husbands, the first of whom had rendered service at and after marriage; the second had rendered service before his marriage. It was believed that the third section of the act of '36, extended by the act of March '37, would embrace her claim under her first husband, and it was believed that the act of '38, very distinctly provided for her claim under her second husband; at any rate, it was thought it would do no harm to set forth both claims. If she was not entitled to claim under both at once, it was fully believed that she was entitled to claim under the other one or the other; or under them in succession, that is, under the first to the act of '38, and from the act of '39, under the second husband relinquishing the first if she chose; But it seems plain from the decision, that the

that the two cases had been so blended as to obscure each other and lead to a result, which will as it is believed, appear to the Department, when the case is seen as it really is, not to be consistent with its previous decisions. Were none, it is believed, could regret more than would the Department itself, if the silent acquiescence of the applicant's friends, should leave it uninformed of this apparent, or real discrepancy. A real discrepancy there is, as it appears to me, unless the law be, that the first marriage defeats her claims under the second - a construction that would bear very hard on all revolutionary, widows who chose to take second husbands. They would not claim (by such construction) under the first , because of the second marriage, nor under the second , because of the first marriage.
Or is this the error?
Does not the first clause of the above decision apply to her claim under Dwyer, and does it not imply that it has been defeated by another marriage. But she had but two husbands, and Gray was her first. The second clause of the decision relates to Gray and it treats her claim under him as if the marriage with him took place after the service. This is not the a mistake of fact, which on a reconsideration of the case will most certainly appear. The marriage took place during the service. The decision seems to blend the two distinct claims and thus misapply the facts.
But if the claim under Gray presents any difficulty, let it be laid aside; let not the mere form on which her

claims are made present an obstacle to a fair adjustment of them. And then, that portion of the case being out of the way, is she not by the express words of the law - nay by the very terms of the above decision entitled to a pension under Deveree, her second husband? He performed in the revolutionary war military service for the United States - he after died and the applicant has ever since remained his widow. Will it be putting you to too much trouble to request, the acknowledgement of the receipt of this letter, and if sufficient reason has been shown for a reexamination, information as to the final determination thereon! I am prompted to make this communication out of charity and friendship to the poor applicant and not from the hope of any gratuity —
I am Sir very Respect t your Ob t and Hon ble Serv t . Chas. Durfee
J. L. Edwards Esq r Comm ee of Pensions War. Depart t

Elihu Gifford of Tiverton in the county of Newport Deposeth and saith - That he was well acquainted with David Grey the son of Edward Grey - He resided at Tiverton when living - That he believes that he was a private in the lower company (so called) first during the Revolution, commanded by Capt Isaac Cook & after by Simmons - That he has not particular recollection of his service as to the extent of time nor date - but that he recollects that he saw him on the Island at South Hill, and other places, doing military duty in standing guard as a private - This was after the evacuation of the Island from the British or after their retreat to Newport or its neighborhood - With respect to the marriage of David Grey to Nancy Corey now the widow of Abner Durfee Deposeth can only state that he heard of the marriage during the period of the revolution, and that he did not doubt - but that their marriage took place about 1777 That they were legally joined in marriage was never to his knowledge questioned or doubted by any body - all of which is according to his best recollection -
E Elihu Gifford
I Certify that on this 11 th day of January 1839 Elihu -

Gifford gave his oath (according to his best recollection) to the truth of the foregoing Deposi- tion by him subscribed and I further testify that he is considered a person of credibility
Caleb Durfee Justice of the Peace

/1838
Revo

Declaration
In Order to obtain the benefit of the Act of Congress of the 7th July 1838. entitled "An Act granting half pay and pensions to certain widows"
State of Rhode Island)
County of Newport } ss.
On this first day of August, Thousand eight hundred and fifty three personally appeared before the judges or justices of the Court of Probate of the town of Tiverton in the County and State aforesaid, a Court of Record. Sarah Gray a resident of Fall River in the State of Massachusetts, Catharine Pike of the City of Providence, and Ann Bridget Duse of Tiverton in said State of Rhode Island, of lawful age. Children of Nancy Duse late of said Tiverton deceased, who being first duly sworn according to Law, do on their Oaths make the following Declaration in Order to obtain the benefit of the provision made by the Act of Congress passed July 7, 1838. entitled, "An Act granting half pay and pensions to certain widows" and the subsequent Acts and Resolutions of Congress applicable to the case in continuation and extension of the aforesaid act.
That they are the only children of the said Nancy Duse deceased, That said Nancy Duse whose Maiden name was Nancy Cope, intermarried with David Gray of said Tiverton during the revolutionary war; that said David Gray was a Soldier in the revolutionary war, and their marriage took place previous to the last period of his service. That the said David Gray died, and said Nancy afterward intermarried with Abner Duse of said Tiverton, who was also a private Soldier in the war of the Revolution.
That the said Nancy Duse applied for a pension in 1839 or 1840. and obtained a pension under the Act of Congress of the 4th July, 1836. at the rate of thirty Dollars per annum. and received said pension to the time of her death.
That she never drew any pension under the Act of Congress of the 7th July 1838. to which she was entitled for the services of

her last husband the said Abner Durfee, to whom she was married on the previous to the year Seventeen hundred and eighty seven, but the exact time is to them not known
That she was not married to him prior to his leaving the service, but the marriage took place previous to the first of January Seventeen hundred and ninety four, at the time above stated.
That said Abner Durfee died at said Tiverton on the eighteenth day of December Seventeen hundred and four.
That said Nancy Durfee died on the twenty eighth day of July eighteen hundred and forty seven.
That they have no documentary evidence of the services of said Abner Durfee, and those who were knowing to his services are all deceased, they therefore respectfully refer to the evidence of the services of said Abner Durfee which was taken at the time the said Nancy applied for a pension in 1839 or 1840 before named, and are with the evidence of the services of said David Gray, on file at Washington with her Declaration then made, and also refer to the same for proof of her marriage with said Abner Durfee and of his death.
Sworn to and subscribed on the day and year above written.
Sarah her X Gray mark
Catharine her X Pike mark
Ann Bridget her X Durfee mark
Wore and in open court, and the court further certifies that said Sarah, Catharine, and Ann Bridget are known to them to be
the children of said Nancy Durfee, widow of Abner Durfee.
In testimony whereof I have, by order of said court hereunto set my hand and affixed the Seal of said court the first day of August A. D. 1853. Asa Gray, Clerk of Probate court }

Sept. 10, 1853.
Appl. of Nancy Burpee, decd.
Widow of David
Gray.
and R. Huntington
8881.
8
8881/act 1838.
Department of the Interior. Pension Office. Washington D.C.
Dear Madam,
Yours truly,
Secretary of the Interior.
Sept 10th 53

Key
WIDOW, &c.
File No. 14649
Sarah Davis Feb. 4
David Davis Bus. War
Act: July 1 st 1836.
Index:—Vol. a , Page 199
[Arrangement of 1870.]

Mr. J. H. Lord Gray all Weston in Rhode Island

London October the 31 1778 Dear Wife I write to inform you of my arrival in France I Broke prison the 6 Day of September and was 11 Days & nights in the Bushes in England I dare not Travel in the Day time for fear of those war Vagabonds Who I had Long since escaped by the way I got a boat of 12 feet keel and after 40 hours passage arrived in France then Being 3 Days without vittles or drink and taken up By some soldiers and kept 2 Days under guard and was Treated very indifferently and I Wrote to Doctor Franklin Where I got a supply of money at Harveur De gras and from there I came to this place in order to go home in England finding so many of my fellow sufferers here that I could get nothing But a passage and so I was prepared for a Winter's Voyage and to England I am going to Board the ship Hamilt- on commanded By Capt Pickering I am sorry to Relate the unhappy news to you that is the Death of your Brother Phillip Shipwrecked on 29th of August after a short fit of sickness of 15 Days I hope this Will find you as well as I am at present and my son and your father and all familiars Remember me to all enduring friends so no more I Remain your Loving husband David Gray