Revolutionary War Pension and Bounty Land Warrant Application File S. 32,827, Andrew Herrick, Mass.

SERVICE
NUMBER
Mass.
Herrick, Andrew
S. 32,827
CONTENTS

20246
Massachusetts
Andrew Herrick
of Beverly in the State of Massachusetts who was a Private in the company commanded by Captain Peter — of the Regiment commanded by Colonel Francis — in the Massachusetts line, for the term of three years from March 1777 to March 1780.
Inscribed on the roll of Massachusetts at the rate of Eight Dollars per month, to commence on the 1. day of January 1820.
Certificate of Pension issued the 21 st of September 1830 — and sent to Colonel Abraham Edwards Beverly Mass
Arrears to 4th of March 1830 — $209.03 Semi-annual all'ce ending 4 Sep " " 48
$257.03
{ Revolutionary Claims Acts March 18, 1818 and May 1, 1820.
Record vol 2 page Book D. B. B.

N. 1 Commonwealth of Massachusetts
Essex, ss. At the Court of Common Pleas being a Court of record proceeding according to the course of the common law, having a jurisdiction to an unlimited amount, and the power of fine and imprisonment begun and held at Salem within and for the county of Essex on the third Monday of June A.D. 1826
Personally appears in open Court here Abraham Edwards Esquire, of Beverly in said County legal Guardian, of Andrew Merrick of the same Beverly, laborer, a person non compos mentis aged seventy one years and the said Edwards being first duly sworn according to law doth on his oath make the following Declaration in order to obtain for said Merrick the provision made by the acts of Congress of the 18th March 1818 and the 1st May 1820 that he the said Edwards verily believes that the said Andrew Merrick in March 1777 enlisted for the term of three years as a private in Capt. Porter's Company in Col. Francis' Regiment in the line of the Continental army on the Continental establishment, and that he continued to serve during the whole of said three years and was honorably discharged at the expiration thereof. And the said Edwards do solemnly
swear

swear that said Andrew Herrick was a resident citizen of the United States on the 18th March 1818, and that he has not since that time by gift, sale or in any manner disposed of his property or any part thereof, with intent thereby so to diminish it as to bring himself 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 18th day of March 1818, and that he has not nor has any person in trust for him any property or securities, contracts or debts due to him nor has he any income.
And said Edwards, Guardian as aforesaid further declares that the cause of the delay in applying to obtain a pension for said Andrew Herrick was that one Lydia Herrick in and by her last will and testament devised in trust certain Real Estate to be applied to the support and maintenance of said Andrew, and that the same real estate has all been by order of the Court of Probate sold and the proceeds thereof expended for his benefit and maintenance as fully appears by the records of said Court of Probate, By that he has no property of any sort nor any family connections to contribute to his support and that he stands in need of assistance

from his country. for
The said Herrick is seventy one years of age and wholly incapable of labor from age and infirmity
I signed / Abm d Edwards, Guardian,
Essex, ss. Sworn to and declared on the 23 d .
June 1826, before John M. Williams, Judge of said court.
I, Ichabod Tucker, Clerk of said Court do certify that it appears to the satisfaction of the court that the said Herrick did serve in the Revolutionary War as stated in the preceding declaration against the common enemy for the term of three years under one engagement on the Continental establishment. It is the opinion of the court that he has no property.
In testimony whereof I have hereunto set my hand and affixed the seal of the said court at Salem in said county of Essex on this twenty fourth day of June 1826
Ichabod Tucker, Clerk,

Effex: June 7. C. C. P. 1826
I certify that Thomas Stephens Junior and Benjamin Merrill are Justices of the Peace in and for said County duly qualified to administer oaths and that their respective signatures to the annexed affidavits are genuine: and also that Amos Choate is Register of Deeds in and for said County duly qualified, and his signature to the annexed copies is genuine, and that Nathaniel Lord Junior is Register of Probate in and for said County and his signatures within are genuine.
Att.
L. Tucker, Clerk.
as aforesaid.
Andrew Herrick by Abm. Edwards Guardian Rev. for pension

In the name of GOD amen. I Lydia Herrick, of the town of Beverly in the county of Essex, singlewoman, spinester, being weak in body, but of a sound mind and memory, blessed be GOD for the same, being mindful of the shortness and frailty of human life, do make and publish this instrument to be my last will and testament, vice. First of all I commit my immortal soul to GOD through our Lord and Saviour Jesus Christ in whom alone I hope for salvation unto eternal life, and my body I commit to the earth to be decently buried at the discretion of my executor. And as to the temporal estate that I am blessed with, I dispose of the same in the following way and manner.
Imprimis. My will is that all my just debts and funeral charges be all paid out of my personal estate by my executor.
Item. I give, devise and bequeath to my kinsman Joseph Wood esquire, his heirs and assigns forever, one third part of my real estate of all kinds whatsoever, and the whole of my personal estate that I now own or am intitled too by any ways or means whatever.
Item. I give, devise and bequeath to the said Joseph Wood esquire his heirs and assigns forever, the other two thirds of my real estate, upon the following condition, to wit, that when it shall bona fide appear that all the estate of my brother Andrew Herrick shall fairly and honestly be expended in the necessary support and maintainance of the said Andrew without any folly , colusion or deception, and not having any property to support and maintain himself with and stand in need of support and assistance that he the said Joseph Wood his heirs executors or administrator shall pay to the said Andrew Herrick at the expiration of every month such sums of money

money as shall be necessary for his comfortable support and maintainance not exceeding in the whole amount in all the money so paid to a larger sum then the said two thirds of my said real estate shall be appraised at by the committee who shall be appointed to appraise my my estate at my decease by the judge of probate and is returned in the inventory of my estate, or so much of said sum as shall be necessary for his comfortable support and maintainance; and in case, any sum shall be so wanted and become due and shall not be paid in one month after the same hath been demanded by the said Andrew or sum person legally authorised to receive the same, he the said Andrew shall have full power and authority to sell at vendue, after giving reasonable notice of the time and place of such sale, so much of the said two thirds of my real estate as shall pay the said delinquent sums not paid, provided the whole amount of sales doth not exceed the abovesaid apprisal , including all the monies that shall be paid to the said Andrew by the said Joseph his heirs, executors or administr r that was paid previos to said sales being made.
Lastly. I hereby appoint Joseph Wood esquire to be sole executor of this my last will and testament .
In witness whereof, I have hereunto set my hand and seal this eighth day of June in the year of our Lord one thousand eight hundred and one.
Signed, sealed and declared by the above named Lydia Herrick to be her last will and testament in the presence of us, who have set our names as witnesses in presents of the testator .
Lydia Herrick. Seal:
Deomon Cox, John Low, Elizabeth Cox.
To all people to whom these presents shall come, Samuel Holten esquire, judge

money as shall be necessary for his comfortable support and maintenance not exceeding in the whole amount in all the money so paid to a larger sum then the said two thirds of my said real estate shall be appraised at by the committee who shall be appointed to appraise my my estate at my decease by the judge of probate and is returned in the inventory of my estate, or so much of said sum as shall be necessary for his comfortable support and maintenance; and in case, any sum shall be so wanted and become due and shall not be paid in one month after the same hath been demanded by the said Andrew or sum person legally authorised to receive the same, he the said Andrew shall have full power and authority to sell at vendue, after giving resonable notice of the time and place of such sale, so much of the said two thirds of my real estate as shall pay the said delingunt sums not paid, provided the whole amount of sales doth not exceed the abovesaid apprisal, including all the monies that shall be paid to the said Andrew by the said Joseph his heirs, executors or administr r that was paid previos to said sales being made.
Lastly I hereby appoint Joseph Wood esquire to be sole executor of this my last will and testament .
In witness whereof, I have hereunto set my hand and seal this eighth day of June in the year of our Lord one thousand eight hundred and one.
Signed, sealed and declared by the above named Lydia Herrick to be her last will and testament in the presence of us, who have set our names as witnesses in presents of the testator .
Lydia Herrick. Seal:
Simon Cox, John Low, Elizabeth Cox.
L. S.
To all people to whom these presents shall come, Samuel Holten esquire, judge

judge of probate for the county of Essex within the commonwealth of Massachusetts, sendeth greeting.
Know ye, that on the fifth day of October anno Domini 1801, the instrument aforewritten, purporting the last will and testament of Lydia Herrick, late of Beverly in said county, singlewoman, deceased, was presented for probate by Joseph Wood esquire, the executor therein named; then present Osmon Cox, John Low and Elisabeth Cox, the witnesses thereto subscribed, who made oath, that they saw the said testatrix sign and seal the and heard her declare the said instrument to be her last will and testament and that they all subscribed their names together as witnesses to the execution thereof in the said testatrix's presence; and that she was then, to the best of their judgements, of sound and disposing mind. I do therefore prove, approve and allow of the said instrument as the last will and testament of the before named de- ceased, and do commit the administration thereof in all matters the same concern- ing, and of her estate whereof she died seized and possessed in said county unto Joseph Wood esquire, the before named executor well and faithfully to execute the said will, and to administer the estate of said deceased, according thereto, who accepted of his said trust and gave bond with John Low and Osmon Cox, as sureties, to exhibit an inventory by the fifth day of January next, and to render an account by the fifth day of October 1802. In testimony whereof I do hereunto set my hand and seal of office this fifth day of October anno Domini 1801. S. Holten.
A true copy of record.
Attest.
Nath. Lord, register.

32 827 Rev INVALID.
File No. 32 827
Andrew Herrick
Rev Rev War
Act: 18 th March 1818 th
Index:—Vol. 9 , Page 181
[ Arrangement of 1870. ]

Commonwealth of Massachusetts.
ESSEX, SS. Probate Office, September 4, 1830.
I HEREBY CERTIFY, That a letter of guardianship of Andrew Herrick (a person non compos mentis) late of Beverly in said County, yeoman, deceased was, 1823, August 19, granted to Abraham Edwards, of Beverly in said County, Esquire; — and that he then gave bond according to law for the faithful discharge of his said trust; as appears by the records in said office; — and that it does not appear by said records, that said Abraham Edwards has become disqualified to act in his capacity of guardian as aforesaid.
Chas. Lord Jr., REGISTER.

I Abraham Edwards within named do make oath that Andrew Herrick within named is the same person named in the Act of Congress passed May 20. 1830 and that said Herrick served in Porter's Company in Col. Dyer's Regiment in the Massachusetts Line of the Revolutionary Army for services in which he is intitled to a pension of eight dollars a month.
Subscribed and sworn this 16th Sept. 1830 before Benj. Merrill Asst. Clerk.
Commonwealth of Massachusetts Essex ss: Sept. 16. 1830 I certify that Benjamin Merrill above named is a Justice of the Peace in and for the County of Essex duly qualified to administer oaths and that his above signature is genuine.
ATT.
John Prince Clerk of all the Judicial Courts of said County
Please address answer to Col. Abraham Edwards Beverly, Mass.

I Samuel Dodge of Beverly in the County of Essex and Commonwealth of Massachusetts, on solemn oath, testify and declare, that I was a private in Capt Billy Porter's company in Col. Tupper's Regiment, formerly under the command of Col. Bleenc Francis the same being the 15. th Regiment of the Massachusetts line in the Revolutionary War, that I enlisted for three years, and served during that time and was regularly discharged, at Hart Point in February AD. 1780. That Andrew Herrick of said Beverly was a fellow soldier and served with me from February AD 1777 to the time of my discharge as above mentioned, in the same company and regiment with myself, and was with myself discharged at the expiration of our regular time of service - with honor -
Samuel Dodge
Commonwealth of Massachusetts
Essex ss. Beverly June 12 th 1826. Then the above named Samuel Dodge personally appeared before me Thomas Stephens Esquire one of the Justices of the peace within and for the said County of Essex, and made solemn oath to the truth of the foregoing affidavit, subscribed to by him in my presence.
Hon. Thomas Stephens Just. Peace -

Mr. Bangs
"
" Military Pensions"
9 th Sec. act. May 20. 1830 $8 per mo. from 1 Jan. 1828. Rev. Role Mop.
-
send cut: to Colonel Alm. Edwards, Beverly, Mass.
Rec d . Sept 21. 1830

19 th Congress. 2 d Session.
CONGRESS OF THE UNITED STATES.
In the House of Representatives.
January 15, 1827.
On motion of Mr. Brownishake
Resolved, That the Committee on Military Pensions be instructed to enquire into the propriety of placing Andrew Herrick, a Revolutionary Soldier, on the pension list.
Attest. M c Clain Clarke Clerk
41

Copy Abraham Edwards Querebin to Richard Pickett

11 KNOW all Men by these Presents,
THAT I Abraham Edwards of Beverly in the County of Essex and Commonwealth of Massachusetts, Esquire, as Guardian of Andrew Herrick of Beverly aforesaid, yeoman, a person non compos mentis
testate , by an order of the late of Court of Probate — begun and holden at Salem in and for said County of Essex on the first Tuesday in April last past was licensed and duly empowered to sell and pass deeds, to convey so much of the real estate of the said Andrew Herrick for the payment of his just debts — and incidental charges as shall raise the sum of Four hundred Dollars.
And whereas I, the said Abraham Edwards having given public notice of the intended sale, by causing Notifications of the time and place of Sale to be published three weeks successively before said Sale in the Essex Register printed in Salem
; and having first given bonds, and taken the oath, by law in such cases required, did on the First day of May instant on the premises pursuant to the license and notice aforesaid, sell at public vendue the following piece of land being a part of the real estate of said Andrew Herrick — to Richard Pickett of said Beverly, Gentleman
Fifty Cents for the sum of two hundred and Sixty four Dollars and he being the highest bidder therefor, as follows, to wit: A certain piece of land situated in said Beverly; containing forty six poles of land and the said land is bounded Easterly by the highway or Main Street there measuring Sixty eight poles and four inches, Northerly by an open privilege way there it measures Eleven Poles and Three Links, Westerly by land of the heirs of Thomas Pickett deceased, there measuring, a pole and about five links and Southerly by land of the said heirs of Thomas Pickett dec d

heirs of Thomas Pickett deceased, there measuring, a pole and about five links and Southerly by land of the said heirs of Thomas Pickett deceased and by land of the heirs of Mercy Dillie deceased on a straight line there measuring Eleven Poles and Three links till it comes to the Highway or Main Street the boundary first mentioned with all the privileges and appurtenances thereto belonging.
Therefore know ye, that I the said Abraham Edwards Guardian as aforesaid, by virtue of the power and authority in me vested as aforesaid, and in consideration of the afore- said sum of Two hundred Sixty four dollars and fifty cents to me paid by the said Richard Pickett the receipt whereof I do hereby ac- knowledge, do hereby give, grant, bargain, sell and convey unto him the said Richard Pickett his heirs and assigns, the premises herein above mentioned and described, or howsoever the same is reputed to be bounded or described.
To HAVE and to HOLD the afore granted premises, with all the privileges and appurtenances to the same belonging, to him the said Richard Pickett his heirs and assigns, forever, to his and their use and behoof forever. And I, the said Abraham Edwards Guardian as aforesaid, do hereby covenant with the said Richard Pickett his heirs and assigns, that I was lawfully authorized and empowered to make sale of the same, as aforesaid; that I gave public notice of the said intended sale, as aforesaid; that I gave bonds, and took the oath by law required, previous to said sale; that it was necessary the same should be sold for the purposes aforesaid; that the premises were struck off to the said Richard Pickett for the sum aforesaid, at a public vendue, as aforesaid; and that he the said Richard Pickett offered most for the same.
In witness whereof, I, the said Abraham Edwards Guardian as aforesaid, have hereunto set my hand and seal this Third day of May in the year of our Lord one thousand eight hundred and twenty Six .
Signed, sealed, and delivered in presence of us,
Hannah Smith
Jonathan Smith
Essex ss. May 4 1826. Then the above named Abraham Edwards personally acknowledged the above instrument, by him subscribed, to be his voluntary act and deed - before me,
Jonathan Smith Justice of the Peace.
Essex ss. Received June 17. 1826. acknowledged and confirmed by  James Choate Regr and Ent d for record, and is a true copy of the original now on file. Attest James Choate Regr
Seal

Copy Abraham Edwards Guard to Hale Hilton Am due Herrick
Jan - Jan. 15 - 1827 Ref d to Com ee on Mil ry Pensions with Resolution 82 of Mr Brownfield
Feb. 14 - 1827 Bill reported - n o 436 Feb. 4 - 1828 Ref d to Com ee on Mil ry Pensions Apr. 27 - 1828 - Bill reported n o 283
Dec r 5 th 1828 Ref d to the Com ee on Mil ry Pensions Namer 9. Pensions
Herrick, Andrew Mass 532,827

KNOW all Men by these Presents,
THAT I Abraham Edwards of Beverly in the County of Essex and Commonwealth of Massachusetts Gentleman, Guardian of Andrew Herrick of said Beverly yeoman, a
person non compos mentis late of  testate , by an order of the Court of Probate begun and holden at Salem in and for said County of Essex on the first tuesday in April last past was licensed and duly empowered to sell and pass deeds, to convey so much of the real estate of the said Andrew Herrick for the payment of his just debts and incidental charges as will raise the sum of Four hundred Dollars
And whereas I, the said Abraham Edwards having given public notice of the intended sale, by causing Notifications of the time and place thereof to be Published three weeks successively before said Sale in the Essex Register printed in Salem said County;
and having first given bonds, and taken the oath, by law in such cases required, did on the First day of May instant pursuant to the license and notice aforesaid, sell at public vendue on the premises the following piece of land being a part of the real estate of said Andrew Herrick to Hale Hilton of said Beverly Gentleman, Alias Yeoman
for the sum of Fifty Eight dollars and fifty Cents lawful Money he being the highest bidder therefor, as follows. to wit: A certain piece of land situated in said Beverly containing about thirty six Poles of land and the said land is bounded as follows, to wit, Northerly by a private privilege way there measuring Eighty Poles and three links, Westerly by land of the said Abraham Edwards the sum of five poles and Nineteen links, Southerly by the said Hale Hilton there measuring Six poles and twenty links and

and Nineteen links, Southerly, by the said Hale N. it these measuring Six poles and twenty links and nineteen links
Easterly by land of the heirs of Thomas Pickett deceased there it measures four poles and five links to the said private way first mentioned with all the privileges and appurtenances thereto belong- ing and especially a privilege to the private way as it is fenced from the Main Street to land of said Edwards.
Therefore know ye, that I the said Abraham Edwards Guardian as aforesaid, by virtue of the power and authority in me vested as aforesaid, and in consideration of the afore- said sum of fifty eight dollars and fifty cents to me paid by the said Hale Hilton the receipt whereof I do hereby ac- knowledge, do hereby give, grant, bargain, sell and convey unto him the said Hale Hilton
his heirs and assigns, the said piece of land - - herein above mentioned and described, or howsoever the same is reputed to be bounded or described.
To HAVE and to HOLD the afore granted premises, with all the privileges and appurtenances to the same belonging, to him the said Hale Hilton his heirs and assigns, forever, to his and their use and behoof forever. And I, the said
Abraham Edwards Guardian as aforesaid, do hereby covenant with the said Hale Hilton his heirs and assigns, that I was lawfully
authorized and empowered to make sale of the same, as aforesaid; that I gave public notice of the said intended sale, as aforesaid; that I gave bonds, and took the oath by law required, previous to said sale; that it was necessary the same should be sold for the purposes aforesaid; that the premises were struck off to the said Hale Hilton
for the sum aforesaid, at a public vendue, as aforesaid; and that he the said Hale Hilton offered most for the same.
In witness whereof, I, the said Abraham Edwards Guardian as aforesaid, have hereunto set my hand and seal this Second day of May in the year of our Lord one thousand eight hundred and twenty Six.
Abraham Edwards  seal
Signed, sealed, and delivered in presence of us,
Hannah Smith N.B. There were four words erased Jonathan Smith before signed.
Essex ss. May 2 nd AD 1826. Then the above named Abraham Edwards personally acknowledged the above instrument, by him subscribed, to be his voluntary act and deed before me,
Jonathan Smith Justice of the Peace.
Essex ss. Received May 3. 1826. recorded and examined by Amos Choate Regr
True Copy of record
Book 241. Page 210
Amos Choate Regr

Copy to Abraham Edwards Guardian to William Samson
Herrick, Andrew Mass. 532927

KNOW all Men by these Presents,
THAT I Abraham Edwards of Beverly in the County of Essex and Commonwealth of Massachusetts, Esquire Guardian of Andrew Herrick of Beverly aforesaid Yeoman a person Sine corpore Mentis
where , by an order of the late of Court of Probate begun and holden at Salem in and for said County of Essex on the first Tuesday in April last past was licensed and duly empowered to sell and pass deeds, to convey so much of the real estate of the said Andrew Herrick for the payment of his just debts and incidental charges as shall raise the sum of Four hundred Dollars
And whereas I, the said Abraham Edwards having given public notice of the intended sale, by causing Notifications of the time and place thereof to be published three weeks successively before said Sale in the Essex Register printed
in Salem ; and having first given bonds, and taken the oath, by law in such cases required, did on the first day of May instant on the premises
pursuant to the license and notice aforesaid, sell at public vendue the following piece of land being a part of the real estate of said Andrew Herrick to William Samson of said Beverly Gentlemen
for the sum of Seventy Five Dollars he being the highest bidder therefor, as follows, to wit:
A certain piece of land situated in said Beverly ; containing about Five poles of land more or less and the said land is bounded as follows, to wit, Northerly by a private way there it measures fifty four feet Westerly by the highway called Bartlett's lane there measuring sixty four feet easterly to the line of the said William Samson twenty seven feet and six inches and Easterly by said Samson's land there measuring thirty two feet and six inches to the said private way the boundaries first mentioned with all the privileges and appurtenances thereunto belonging.

Therefore know ye, that I the said Abraham Edwards as Guardian as aforesaid, by virtue of the power and authority in me vested as aforesaid, and in consideration of the aforesaid sum of Seventy Five dollars lawful Money to me paid by the said William Samson the receipt whereof do hereby acknowledge, do hereby give, grant, bargain, sell and convey unto him the said William Samson his heirs and assigns, the said premises herein above mentioned and described, or howsoever the same is reputed to be bounded or described.
To HAVE and to HOLD the afore granted premises, with all the privileges and appurtenances to the same belonging, to him the said William Samson his heirs and assigns, forever, to his and their use and behoof forever. And I, the said Abraham Edwards  Guardian as aforesaid, do hereby covenant with the said William Samson his heirs and assigns, that I was lawfully authorized and empowered to make sale of the same, as aforesaid; that I gave public notice of the said intended sale, as aforesaid; that I gave bonds, and took the oath by law required, previous to said sale; that it was necessary the same should be sold for the purposes aforesaid; that the premises were struck off to the said William Samson for the sum aforesaid, at a public vendue, as aforesaid; and that he the said William Samson offered most for the same.
In witness whereof, I, the said Abraham Edwards  Guardian as aforesaid, have hereunto set my hand and seal this third day of May , in the year of our Lord one thousand eight hundred and twenty Six .
Signed, sealed, and delivered in presence of us,
Hannah Smith
Jonathan Smith
Abraham Edwards
(Seal)
Essex ss. May 4 1826. Then the above named Abraham Edwards personally acknowledged the above instrument, by him subscribed, to be his voluntary act and deed—before me,
Jonathan Smith Justice of the Peace.
Essex ss. Received May 8. 1826. recorded and examined by Amos Choate Regr
True Copy of record Book 240 Page 270 Amos Choate Regr

3 11 15 Commonwealth of Massachu s Sec y of War June 2 d 1826.
I hereby certify that it appears by the Army books in this office that Andrew Herrick was a Soldier in Col o Tuckers Reg t (late Francis's), in Capt o Billy Porter's Company, in the Revolutionary war, and his name is borne on said book s as having served from February 1777, to December 31 st 1779. — And enlisted for three years.
Edward D Bangs Sec y of the Comm th .

4 J. Thomas Francis, of Salem, in Massachusetts, aged 77, on oath testify, That I was a Captain in the Continental Army during the Revolution: I am well acquainted with Andrew Herrick, of Beverly; I was born there: I know he enlisted in March 1777 as a private in Capt. Billy Porter's Company in Col. Francis' (my brother's) Regiment: and Herrick served three years following, till 1780: he was a Three year's man: and I know he served out his time faithfully. I commanded the Company the latter part of that time. Mrs Francis!
Commonwealth of Massachusetts. Essex ss: May, 17 th 1826 Then the said Thomas Francis, a credible and disinterested witness, subscribed and made oath to the above affidavit before me,
Brig. Merrill Just: Peace

Commonwealth of Massachusetts.
ESSEX, ss.
BY the Honourable Daniel H. White Esquire, Judge of the Probate of Wills, and for granting Letters of Administration on the Estates of persons deceased, having goods, chattels, rights or credits in said County.
To Abraham Edwards , of Beverly in the County and Commonwealth aforesaid, esquire, greeting.
Whereas Andrew Herrick , of Beverly in said county, yeoman, has been considered and adjudged to be a person non compos mentis , and incapable of taking care of himself his or his estate:—Trusting therefore in your care and fidelity, I do, by these presents, pursuant to the power and authority to me granted by the laws of said Commonwealth, assign and appoint you to be guardian of him him the said Andrew Herrick ; hereby directing and empowering you the said guardian to take care as well of the person as estate both real and personal of the said non compos , and to make a just and true inventory of the said estate, and to exhibit the same into the registry of the court of probate for said county; and you shall improve frugally and without waste and destruction the estate aforementioned, and apply the annual profits and incomes thereof for the comfortable maintenance and support of the said non compos , and also of his his household or family, if any such he he have; and you are hereby empowered to settle accounts, receive, and, if need be, sue for and recover, all such just debts as are due to the said non compos from any person or persons whomsoever; and to manage, improve, divide or take care of his his real estate, in as full and ample a manner, as he he would or might do, were he he restored to his his right mind; and you shall also pay all such just debts as are owing from the said non compos , which were contracted before his his distraction, out of his his personal estate, or in case that be not sufficient, then out of his his real estate, being first empowered to make sale thereof, or of such part thereof as shall be sufficient for that end, by any court having competent authority, on application made to such court therefor; and you shall render a plain and true account of your said guardianship, when and so often as you shall be thereunto lawfully required.
In testimony whereof, I have hereunto set my hand and the seal of said Court of Probate.
Dated at Salem this nineteenth day of August in the year of our Lord one thousand eight hundred and twenty three .
Attest, C. Nath. Lord Jr. Register.
D. H. White

An inventory of the estate of Andrew Herrick, of Beverly in the county of Essex, yeoman, a person non compos mentis, taken by Abraham Edwards, guardian of said non compos mentis, at the appraisal of Jonathan Smith, Richard Pickett and John Burley, a committee duly appointed and sworn for that purpose, viz.
To a devise and bequest in and by the last will and testament of Lydia Herrick, late of said Beverly, singlewoman, deceased, in the words following, to wit:-
Item. I give, devise and bequeath to the said Joseph Wood esquire, his heirs and assigns forever, the other two thirds of my real estate, upon the following conditions, to wit:- That when it shall bona fide appear, that all the estate of my brother Andrew Herrick shall fairly and honestly be expended in the necessary support and maintenance of the said Andrew, without any fraud, collusion or deception, and not having any property to support and maintain himself with, and stand in need of support and assistance, that he the said Joseph Wood, his heirs, executors or administrators shall pay to the said Andrew Herrick, at the expiration of every month, such sum of money, as shall be necessary for his comfortable support and maintenance, not exceeding, in the whole amount, in all the money so paid, to a larger sum than the said two thirds of my said real estate shall be appraised at by the committee, who shall be appointed to appraise my estate at my decease by the judge of probate, and is returned in the inventory of my estate, or so much of said sum, as shall be necessary for his comfortable support and maintenance; and, in case any sum shall be so wanted and become due, and shall not be paid in one month after the same shall be demanded by the said Andrew or some person legally authorized to receive the same, he the said Andrew shall have full power and authority to sell at vendee, after
giving

giving reasonable notice of the time and place of such sale, so much of the said two thirds of my real estate, as shall pay the said delinquent sum not paid; provided the whole amount of sales doth not exceed the above said appraisal, including all the moneys that shall be paid to the said Andrew by the said Joseph, his heirs, executors or administrators, that was paid previous to said sale's being made."
Beverly, September 2, 1823.
Abraham Edwards, guardian.
Jonathan Smith,
John Burley,
Richard Pickett,
} committee.
Essex, ss. At a court of probate held at Ipswich in and for said county on the first Tuesday in September, A.D. 1823. Abraham Edwards esquire, guardian, presents the aforesaid, and makes oath, that it contains a true and perfect inventory of the estate of Andrew Herrick, of Beverly in said county, yeoman a person non compos mentis, so far as has his hands or knowledge, and that, if any thing further shall hereafter appear, he will cause it to be of record herewith in the probate office: - It is thereupon decreed, that the same be accepted, allowed and recorded. D. S. White, J. prob.
A true copy of record.
Attest:
Cath. Lendy, register.

TO the honorable Daniel A. White esquire, judge of probate for the county of Essex.
THE petition of Abraham Edwards , guardian administrat of Andrew Herrick , of the estate Beverly in said county of yeoman, a person non late of  consp in said county, mentis , deceased , testate , humbly shews, That the debts against the estate of said deceased  non compos amount to three hundred eighty dollars seventy five cents more than all his personal estate.
Your petitioner therefore prays, that he may be duly empowered and licensed to sell so much of the real estate of said deceased  Herrick , as shall be necessary for the payment of said debts, with incidental charges..
Dated at Ipswich this third day of February , A. D. 1824.
Abraham Edwards.
ESSEX, ss. At a Court of Probate holden at Ipswich in and for said county, on the first Tuesday in March , A. D. 1824.
THE foregoing petition being duly considered, and it being made to appear, that notice has been given, according to order, to all persons interested: It is thereupon
ORDERED, That the said Abraham Edwards , admin- istrat  guardian as aforesaid, be, and he hereby is, empowered and licensed, within one year from the date hereof, to sell so much of the real estate of said Andrew Herrick , deceased , as will raise the sum of four hundred dollars, for payment of just debts against the estate of said deceased  Herrick , and for incidental charges; said administrat  guardian before fixing on the time and place of such sale to take the oath required by law, and also to give bond to account for the proceeds of such sale agreeably to the rules of law; and to cause a notification of said sale to be published three weeks successively in the Cessex Register , printed in Salem , before the time thereof.
D. A. White , Judge of Probate.
A true copy of petition and order thereon, as of record. West.
W. H. Alnutt Jr., Register.

TO the honorable Daniel A. White esquire, judge of probate for the county of Essex.
THE petition of Abraham Edwards , administrat. guardian of Andrew Herrick , of the estate Beverly in said county, of yeoman, a person late of non compos in said county, mentis , deceased. testate , humbly shews,
That the debts against the estate of said deceased  Herrick amount to three hundred seventy six dollars five cents more than all his personal estate, and real estate already sold.
Your petitioner therefore prays, that he may be duly empowered and licensed to sell so much of the real estate of said deceased  Herrick , as shall be necessary for the payment of said debts, with incidental charges.
Dated at Ipswich this seventh day of March , A. D. 1826.
Abr m Edwards.
ESSEX, ss. At a Court of Probate holden at Salem in and for said county, on the first Tuesday in April , A. D. 1826.
THE foregoing petition being duly considered, and it being made to appear; that notice has been given, according to order, to all persons interested: It is thereupon
ORDERED, That the said Abraham Edwards , adminis- trat  guardian as aforesaid, be, and he hereby is, empowered and licensed, within one year from the date hereof, to sell so much of the real estate of said Andrew Herrick , deceased , as will raise the sum of four hundred dollars, for payment of just debts against the estate of said deceased  Herrick , and for incidental charges; said administrat.  guardian before fixing on the time and place of such sale to take the oath required by law, and also to give bond to account for the proceeds of such sale agreeably to the rules of law; and to cause a notification of said sale to be published three weeks successively in the Cessex Register , printed in (Salem) , before the time thereof.
D. A. White , Judge of Probate.
A true copy of petition and order thereon, as of record.
Attest. Nath l Lord Jr., Register.

Copy Abraham Edwards Gourd to Abraham William

Know all Men by these Presents, That I Abraham Edwards of Beverly in the County of Essex and Commonwealth of Massachusetts, Esquire, Guardian of Andrew Herrick of Beverly Upman a person non compos mentis, for and in consideration of Three hundred and seventy Eight dollars and forty One cents lawful money paid one to by Abraham Tithum of Beverly aforesaid, Merchant, the receipt whereof I do hereby acknowledge, do hereby give, grant, sell and convey unto him the said Abraham Tithum his heirs and assigns forever the following des- cribed premises being a part of the real estate which was devised to him the said Andrew Herrick for his support and maintenance in and by the last Will and Testament of Lydia Herrick late of said Beverly singlewoman deceased being duly proved and allowed as by the record thereof in the Registry of the Court of Probate in and for said County of Essex will appear; reference being thereto had, Reg- to wit, a certain piece of land situated in said Beverly near Bartletts swamp, so called, containing one acre and one hundred and fifty seven poles of land and the said land is bounded Southwesterly by land of John Wilson about fourteen poles north- westerly by land of Josiah Lovett, Jeremiah Lovett and

others twenty two poles and thirteen links of the chain, Northeasterly by land of Jeremiah Lovett and Robert Curry and his wife nine poles and nineteen links of the Chain, southeasterly by land of Bartholomew Wallis twenty three poles thence bounded southerly on said Bartlett's swamp one pole and twenty one links, thence Southeasterly on said Swamp and there measuring four poles and seven links to the land of said John Wilson the boundary first men- tioned, together with all the ways, privileges and appur- tenances thereto belonging or in any wise appertaining to the same land; however reserving all legal ways used in passing and repassing over said land.
So have and to hold the granted premises with the appurten- ances to him the said Abraham Tilton his heirs and as- signs, to his and their use and behoof forever. And I do covenant with the said Abraham Tilton his heirs and as- signs, that I am duly authorized and empowered and li- censed by an Order of the Court of Probate holden at Ipswich in and for said County of Essex on the First Tuesday in March in the year of our Lord One Thousand Eight Hundred and Twenty Four to sell and convey the granted premises as a- foresaid; that I have duly advertised the Sale thereof at Public Auction on the sixteenth day of March instant whereat the said Abraham Tilton was the highest bidder; that I as such Guardian

Guardian have duly observed and conformed to all the rules and requirements of Law in such cases provided and necessary and proper to be observed and conformed to in order to make the said sale and conveyance good, valid and effectual.
IN WITNESS whereof I the said Abraham Edwards have hereunto set my hand and seal this twenty ninth day of March in the year of our Lord One Thousand and Eight hundred and Twenty, Four.
ADD. The words "however reserving all legal way used in passing and repassing over said land" were inter- lined before signed. Abraham Edwards Seal
Signed, sealed and delivered { Essex ss. Beverly, March 30. A.D. 1824. Then in presence of us { The above named Abraham Edwards Hannah Smith { personally appeared and acknowledged the Jonathan Smith { foregoing instrument by him subscribed to be his free act and deed
before me Jonathan Smith Justice of the Peace
Essex ss. Received April 15. 1824. recorded and examined by Amos Choate Reg
True Copy of record; Book 235 Leaf 94.
At Amos Choate Regr

War Department, Pension Office, August 1 st 1826.
Sir,
Sundry documents forwarded to this Department by you in support of the claim of Andrew Herricks have been received and examined. It would seem that you appeared in Court, as his Guardian, he being non compos mentis, and made a declaration, under oath, setting forth therein your belief of his having performed certain services during the revolution, &c. Such testimony cannot be admitted as evidence in any case, the law requiring positive proof, and in no case permitting the claimant's affidavit respecting his services to be dispensed with. The last clause of the first section of the act of May 1 st , 1820, which requires every claimant to exhibit a schedule of property, permits, in a case of insanity, a guardian to present the schedule of the Pensioner to the Court, and the second section of the act of the 1 st of March, 1823, provides, that, if any person coming under the act shall be unable by reason of bodily infirmity to attend the Court, the Judge of a Court of Record in the county or town where he resides, may administer the oath respecting the

property contained in the schedule, &c; but in every case where an original claim is presented, the claimant must himself make a declaration as directed, by the act of the 18 th March, 1818. Herrick's claim is therefore rejected. The papers will remain on our files, agreeably to the regulations of this Department.
I am, respectfully
Your Obt. Servt.
J. L. Edwards
Abraham Edwards Esq.
of Beverly,
Salem P.O.
Mass:

Salem, Dec r 30. 1826.
Hon Benj. W. Brownishield, Dear Sir,
And w Henrick of Beverly (a person non compos mentis) is entitled to a Pension; but is incapable of taking the oath requisite. He is under the Guardianship of Col. Abam Edwards, who did go to Court & make oath for his Ward & sent the Documents to the War Department with abundant proof that Henrick served.
As the law makes no provision for such a case, the only remedy is to make a motion to refer his case to the Comtee of your House and to call on the War Department for the Documents to be laid before the Committee, who will at once perceive Henrick's is a clear case.
Allow me to request you to do the needful. Mr. Varnum is one of the Comtee.
Yrs respectfully
Benj. Merrill

Andrew Kenrick-
appears to be a lunatic and this application is made by Abraham Edmards the person to whom was committed the care of his person and estate which is now entirely exhausted.-
Samuel Lodge states on oath that he himself was a private in Capt. Billy Porter's company in Col. Dufresne's Reg. being the 15 th of the Massachusetts Line in the Rev. War for three years and served during that time and was regularly discharged in Feb. 1780. That Andrew Kenrick was a fellow soldier and served with him from Feb. 1777 till the time of his discharge in Feb. 1780 - when both were discharged with honor.-
Thomas Francis aged 77 years swears - That he was a capt in the Rev. War. - was well acquainted with Andrew Kenrick - knows he enlisted in March 1777 in Capt. Billy Porter's company in Col. Francis (his brother's Reg.) and served three years following till 1780 - knows he was enlisted for three years and served all his time faithfully.
It appears from the certificate the Secretary of the Commonwealth of Massachusetts that Andrew Kenrick

was a soldier in Capt. Kelley Porter's company in Col. Lappin's Reg. late Francis in the Rev. war and his name is mentioned on the army Rolls in the Secy's office as having served from Feb. 1777 till December 1779 and enlisted for three years. —
At the last Session of Congress, the committee reported favorably in this case See Bill N o 436