Revolutionary War Pension and Bounty Land Warrant Application File R. 45, Thomas Humphlet, Va Sea Service

SERVICE
NUMBER
Va Sea Service Humphlet, Thomas
R. 45
Va Half-Pay
CONTENTS
See D.A. Acc. No. 837 Virginia State Navy Thomas "Humphlett" 45 File Va. Half Pay

SERVICE
NUMBER
Va Sea Service Humphlet, Thomas R. 45
Va Half Pay
CONTENTS
See N.A. Acc. No. 837 Virginia State Navy Thomas "Humphlette" YS File En. Half Pay

Know all men by these presents, that I Charles L Cocker of Portsmouth Virginia, administrator with the will annexed, of Thomas Humphlett deceased, who was a Lieutenant in the State Army of Virginia in the war of the Rebellion; do hereby constitute and appoint J. M. Young my true and lawful attorney for me, and in my name, to present and prosecute before the proper officers of the Government any and all claims for or commutation of five years full pay interest thereon half pay for life, which shall be due and allowed the said Humphlett for his services as aforesaid under the act of Congress of the 5th July 1832, and in all respects to act for me in my name as Administrator aforesaid, and all the acts of my said agent and Attorney J. M. Young aforesaid in the premises hereby ratify and confirm by these Presents. Witness my hand and Seal this 20th day of November 1849.
Chas L Cocker
State of Virginia Norfolk County to wit
Be it known, that on the 20th day of November 1849, before the Subscriber, a justice of the Peace in and for said County, personally appeared Charles L Cocker who signed the foregoing Power of Attorney and acknowledged the same to be his act and deed. Subscribed when of them known to me my hand the day and year above is returned.
Dempsey Nash Justice of the Peace.
State of Virginia. Norfolk County to wit:
I Arthur Emerson Clerk of the County Court of Norfolk County in the State of Virginia aforesaid hereby certify that Dempsey Nash who has given the preceding certificate is a Justice of the Peace in and for the County aforesaid duly commis- sioned and qualified to act as such according to the Constitution and Laws of the State. Given under my hand and the seal of the said Court this twentieth day of November in the year of our Lord One thousand eight hundred and fifty nine and of our Independence the seventy fourth. Arthur Emerson
CW

Washington Jany 21 st 1850.
Sir,
As the lawfully constituted attorney of Charles S Cocke, the legal representative of Thomas Humphlett dec d . (see letters of power from Charles S Cocke to me, and the certificate of J. S. Howard clerk of the court of Elizabeth City County State of Virginia on file in your office,) I hereby enter this paper as his protest, against the payment to William Ivey or his attorney, or any other person, the whole or any part of a certain sum of money which may be due, under the act of the 5 th July 1832, as commutation and interest, for the services of said Thomas Humphlett dec d , as an officer, in the war of the revolution, holding the rank of Lieutenant in the state army of Virginia.
As the attorney of Charles S Cocke aforesaid, this protest I enter on his behalf for the following reasons—
1 st That Charles S Cocke being the legal representative of Thomas Humphlett dec d . is, the only person authorized by law to receive, by himself or his attorney, the amount due

as commutation and interest, under the act of the 5 th July 1832, for the services of said Thos Humphlett as an officer aforesaid.
2 nd That certain proceedings recently had in the Court of Elizabeth City County - State of Virginia, (the effect of which was to revoke the powers of said Charles S. Cooke as the legal representative of Thomas Humphlett aforesaid,) were without any warrant in law and entirely ex parte in their character, the said Cooke having received no notice as the law directs, that such proceedings would be commenced. (See revised code of 7 th Page 384.)
3 rd That if it was represented to the Court and contended for, that William Ivey is the sole devise of Rebecca Cooper deceased ; and as such had the right under the law, (see Jates Digest Page 398) to appear in Court and administer on Thomas Humphlett's estate, to the exclusion of Cooke the aforesaid legal representative, I answer, that Mrs. Cooper's Will cannot be so construed, as to make William Ivey the devise of her whole estate, of what so ever kind and description. It is true, Mrs. Cooper in her last Will did devise, to William Ivey certain property, she had

in possession at the time of her death, which she most lawfully enumerated; but this claim, for Thomas Humphlett's services aforesaid, a part of her estate, does not enter into the enumeration of the property she devised to Ivey, nor is it referred to at all by her, in her will. I therefore con- tend, that Mrs. Cooper died intestate as to this portion of her estate , (thatis to say, the claim for Humphlett's services aforesaid), and that consequ- ently William Ivey has no claim to it whatever, and having no claim to it, the law referred to in "Fate's Digest", has no bearing on the case, and that any action of the Court aforesaid by which Pockie's powers as Administrator of Thomas Hum- phlett's will, as he has been working, was illegal and therefore not binding on him, and does not in the least impair, or deprive him of his representative rights. (See Mrs. Cooper's will on file 3 rd Auditor's Office.)
The following statement I make to show how Mrs. Rebecca Cooper became entitled to, as a part of her estate, the amount due for the ser- vices of Thomas Humphlett as an officer in the revolution. Thomas Humphlett died in 1794 and devised his whole estate to his widow Elizabeth Humphlett. Mrs. Hum- phlett at her death devised her whole estate

to Rebecca Cooper - Copies of all three Wills are on file with papers in the 3 rd Auditors office -
I am very respectfully Your obed Servt
J. H. Young Cattanooga C. L. Cooke
J. R. Edwards Esq Commission of Pensions Washington

I William Day administrator of Thomas Humphreys, the late warehouse and appraiser of the city of Washington, my letter may be received from the Government of the United States the compensation interest to which the said Thomas Humphreys life is entitled as a Lieutenant of the Virginia State Navy in the War of the Rebellion, under the Act of Congress of July 5 th 1882, amounting to $8000 or nearly and my said letter may be authorized to substitute another form or forms per- sonally to effectuate the object of this letter of attorney.
Given under my hand this the 5 th day of January 1856. William Day.
Elizabeth City County 3 To wit:
This day William Day before me a Justice of the Peace in and for the said County acknowledged the fore- going power of attorney to be his act and deed for the purposes therein contained. Given under my hand this 5 th day of January 1856.
Robt. S. Armistead J.P. " " "
Virginia, Elizabeth City County To wit:
I Samuel S. Howard, Clerk of the Court for the County and State aforesaid, do hereby certify that Robert S. Armistead before whom the foregoing acknowledgment appears to have been made is a Justice of the Peace in and for the County aforesaid,

uly Commissioned and qualified according to law, that full faith and credit are due to all his acts as such and that the signature hereunto to be his is genuine.
In testimony whereof I have here- unto set my hand and affixed my seal of Office this fifth day of January 1850.
G. P. Howard Clk
11/11/50 Miss Mary Rowe Alley

J. Humphlett.
12 3 4 5 6 7
8 9

At a Court held for Elizabeth City County, December 27 th 1849—
It is ordered That the order of this Court heretofore made granting letters of administration on the estate of Thomas Humphlett, deceased, to Charles S. Cocke, be set aside, and his powers and authority as administrator aforesaid be revoked and annulled and thereupon on the motion of William Ivy, who made oath, and with Parker West, his security, entered into and acknowledged a bond in the penalty of five thousand dollars, conditioned according to law, certificate is granted him for obtaining letters of administration de bonis non with the will annexed on the estate of the said Thomas Humphlett, deceased, in due form.
A Copy Teste J. J. Howard clk.
Virginia, Elizabeth City County to wit:
I, Samuel J. Howard, Clerk of the Court for the County and State aforesaid, do hereby certify that the foregoing is a true transcript from the records of my office—
In testimony whereof I have hereunto set my hand and affixed my official seal this fifth day of January 1850—
J. J. Howard clk.

Thomas Humphlett, dec d May 3. 1848.
Certificate Act 5 th July, 1832.
Recorded Vol 43, page 194

Pension Office
May 3. 1818.
I certify that I have examined the claim of the administrator of Thomas Humphlet, deceased, under the act of July 5. 1832; and I find that the  said Humphlet served as a Lieutenant in the Virginia State Navy to the end of the revolutionary war. The case is therefore embraced by the provisions of the above mentioned law; and I am of the opinion that the claim should be allowed at the rate of one hundred and eighty two dollars and fifty cents per annum from the twenty second of April 1783, to until the 15. of February, 1794, when he died, and that the amount is payable to Francis A. Dickens, attorney of William Ivy, of Elizabeth City County, Va administrator of said Humphlet.
Approved
Secretary of War
Commissioner of Pensions
Enter this case N o 307

Washington Jan'y 4 th 1850-
Sir
As an attorney in fact of Chas. L. Cooke, I lay before you the enclosed papers.
That marked A an certificate from the clerk of the County of Elizabeth City County in the State of Virginia, showing, that Chas. L. Cooke is the legal representation of Thomas Humphlett Geo? - -
That marked B an letter of power from said Chas. L. Cooke as the administrator (with the will annexed) of Thomas Humphlett Geo? duly authenticated as attesting and authorizing me his attorney in fact to act for him in the case of said Humphlett which has been before you on a former occasion -
Then, the fact being established by the paper marked A, that Chas. L. Cooke is the legal representation of Thomas Humphlett Geo? under the authority vested in me by his power of attorney, I respectfully present the claim of said Chas. L. Cooke as Administrator aforesaid, to commutation of five years full pay in lieu of half pay for life, for the services of said Thomas Humphlett Geo? as a Lieutenant in the State Army of Virginia in the war of the rebellion to the 22 nd April 1865 - having been provided for

in the act of being up of the 5 th July 1832.
To establish this claim to compensation &c, I would respectfully refer you, 1 st to the evidence filed in the case, 2 nd to your letter of - date, in which you direct the claim for half pay, to be paid from the 22 nd April 1783, as Lieutenant Hamblett had served to the end of the War. 3 rd the late opinions of the Attorney Genl bearing on the subject, and the decision of the War Dept of the Department of the Interior given thereupon. —
I beg Sir you will consider this claim, at all, as early a day as your pressing duties will allow you.
I am Sir very respectfully Your obed Servt R. M. Young Atty: for Chas L Cooke Jr
James L Edwards Esq Com r of Pensions Washington

N. Sel. Jan'y 21.
1850
My dear Sir,
Should the claim of Thomas Knappa bill for compensation be presented by any one other than myself, please do me the favor not to recognize his au- thority. Mr. Dry Eng. one of my consti- tutents, is the Adm l . sole heir at law, & I am his Attorney.
Colo. Boyd desires me also to call your attention to the case of McGarock, of whom he is the agent, and who has revoked his power of atty. to Mr. Nichols. He thinks J. Knox Walker is Mr. Mc's agent. Colo. B. is now beside me.
I am
Very Respectfully,
No. 100. Court
W. Legar.

At a Court held for Elizabeth City County, January 23. d 1834.
On the motion of Charles L. Cock who made oath, and with Frederick Vincent his security, entered into and acknowledged a bond in the penalty of sixteen hundred dollars conditioned according to law, certificate is granted him for obtaining letters of administration on the estate of Thomas Humphreys, deceased with his will annexed in due form.
Attest J. J. Howard clk.
Virginia, Elizabeth City County to wit:
I, Samuel S. Howard, Clerk of the Court for the County and State aforesaid, do hereby certify that the above is a true transcript from the records of my Office.
In testimony whereof I have hereunto set my hand and affixed my seal of Office the 19 th day of November 1849.
J. J. Howard clk.
Virginia, Elizabeth City County to wit:
I, Samuel S. Howard, Clerk of the Court for the County and State aforesaid do hereby certify, that I have examined the records of my Office and can find no proceedings in said Court against Charles L. Cock the administrator of Thomas Humphreys dec. d as above stated and that altho' another administration has been granted on said Estate I believe the first to be still the legal one.
In testimony whereof I have hereunto set my hand and affixed my seal of Office the 19 th day of November 1849.
J. J. Howard clk.

NO 45
ACT OF FEBRUARY 14, 1871.
WAR OF 1812.
3166
Wages of
Thomas Humphlet Lt-
U.S. Navy Revolution Discharged _____, 18_____
PENSIONER:
Cif. No. _____
7 1/2 Pay Act of July 6, 1832 4066
Admitted
Received _____, 187_____
45.