Revolutionary War Pension and Bounty Land Warrant Application File R. 5257, Nicholas Houk, N.C.

SERVICE
NUMBER
966
Hook, Nicholas.
RR. 5257
Hauke or Sarah
Houcke or
Hook or
CONTENTS

25738 Kentucky
Nicholas Houk of Mt Vernon in the State of Kentucky who was a private in the com d by Captain Keel of the reg t com d by _____ in the Maclaren line for 6 months
[A]
Inscribed on the Roll of Kentucky at the rate of 20 Dollars _____ Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 12 day of Nov 1833 and _____ Mt Vernon
Arrears to the 4th of Sept 60 - Semi-ant. allowance ending 4 March 10 -
60 -
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by Sam Boyd Clerk Book 8 Vol. 7 Page 13

Nicholas Houk
In favor of the estate of William H. E. Smith
March 5 1881

6 has explained, which he has long since lost - mislaid.
M c James Slyhouse a preacher of the Gospel a resident of Rockcastle County and aged 47 and James Clink of the Rockcastle Court Tenn ee aged 42 resident of the same County, who being first duly sworn according to law do hereby certify that we are well acquainted with Nicholas Hawk who has subscribed sworn to the fore- going declaration, that we believe him to be about fifty four years of age, that P c Slyhouse states that it is has been long talked of that he lived in the neighborhood he was a Soldier in the Revolutionary War. And they both concur in the belief that his state- ment is true, being a man of good character and to be relied upon when upon oath, sworn and

Subscribed to in open Court this day before us?
James Merrill James Deyhouse
And the said Court do hereby Certify that the foregoing contains the en- joining proceedings of said Court in the matter of the declaration their opin- ion that the above named applicant Nicholas Hawk was a soldier in the Revolutionary War. And the said Court do declare their opinion after the investigation of the matter and after putting the interrogations prescribed by the War Department that the above named appli- cant was a Revolutionary soldier and served as he states. And the Court further certifies that James Deyhouse who signed the preceding Certificate is a Preacher of the Gospel, resi- dent in Rockcastle County and that James Merrill (Clerk of this Court) who has also signed the same is a resident of S t . County and is a credible person, and their statements is entitled to credit. I James Merrill

Clerk of the Rockcastle Circuit Court do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the ap- plication of Nicholas Houk for a Pension. I further certify that the foregoing three measures were made before signing the same.
In Testimony of which I hereunto set my hand and affixed the Seal of said Court this 9 th day of October 1833 James L. Lillard Clerk of the Rockcastle Circuit Court.
27. 495
Nicholas Houk Ken.
for 6 months
$20
can only allow for six months!
C. Smith M c Vernon Ken

State of Kentucky
Rockcastle County Circuit Court
On this day of September 1833 Rev- -sonally appeared before the Hon. Isaac Eure, Judge of the 15 Judicial Cir- -cuit of Ky in the County of Rock- -castle County, a resident of said County and then at age Ninety four in November next, who being first sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the provisions made by the act of Congress passed June 7, 1832 That he was drafted in the army of the U. States in the year (now forgotten) in Polks County State of North Carolina for six months in the Company commanded by Capt (now forgotten) and he has forgotten all his Com- pany officers names.
6

He likewise has forgotten the field officers names. But he was marched to South Carolina when he was discharged after serving out faithfully his term of service. This was before Charleston was taken by the British.
After this and  before the a shortly after Peace with Great Britain he was drafted in Falk County N.C. in the Company commanded by Capt. Neil, in the Battalion of the State of N.C. and in the Regt. Com. commanded by Col. Warford, and was marched in to the Cherokee Nation, and after learning their Terms and after faithfully serving out his term of six months he was discharged in Burke County. The district in Burke County. The discharge he has long since lost. To his  of no reason

now living by whom he can prove his services ap. He hereby relinquishes any claim whatever to a Persian or an annuity, except the Pen- sion and he declares that his name is not on the Persian Roll of Army Agency in any State. He hereby He further declares that his reasons of old age and the consequences of memory he can not give dates more than he has done or the names of his officers more than here named. but he knows he faithfully served the Periods mentioned by him as ap. in the battles of North Carolina, in the Army of the United States & in both engagements as a private on his own account. Never I subscribed to this my mark ap. Signature & mark

 1. When were you born, Ans. in Pennsylvania in Bucks County.  2. Have you any record of your age. Ans. No. He was born in 1740.  3. When were you living when called in to service; were you drafted, did you volunteer, or were you a substitute. And if a substitute for whom. Ans. I was drafted on my own account and paid as such. When drafted to  service both times. When he entered the service he lived in Bucks County, Maryland. Since the Revolutionary War, he has resided in Kentucky and now lives in Rockcastle County, Ky.  5. As to the names of officers he has stated all the re- =members.  6. As to his discharge he 

State of Kentucky, Rockcastle County, ss
On this the 1 st day of November 1843 personally appeared before me James Fish an acting Justice of the peace in and for the said County and State Mrs Catherine Roberts, a resident of the said County and State of said age upwards of forty six years, after being first duly sworn according to law doth on her Oath state that she is the Eighth child of her said Father and Mother Nicholas Vankle & Sally his wife who is now his widow and she is forty six years of age 2 nd day of March 1843, she further states that her oldest sister is named Polly Adams and she is about sixty eight or more years of age, she further states that ever since her mother and her said Father and Mother Nicholas Vankle & Sally Vankle his wife lived together as husband and wife until the death of her said Father Nicholas Vankle which took place the 16 day of August 1841 she further states that her said husband Nicholas Vankle died in the United States until his death on the account of his service in the Revolutionary war of about $20 per annum until his death which took place 16 day of August 1841 she further states that her Mother has never married since the death of her said husband but still continues his widow sworn to and subscribed this
1 day of November 1843 James Fish J.P.
Catherine Roberts

State of Kentucky Rockcastle County } ss
I the above subscribed Justice of The peace in and for said County do certify that I am personally acquainted with the said affiant Catherine Roberts and I do know her to be a Lady of undoubted veracity and her character equal to any in the State and I believe what she has stated in her deposition to be the truth and nothing but the truth given under my hand
This 1st day of November 1843
James Fish
State of Kentucky
Be it known the County of J. James Terrell Clerk of the Rock castle County Court do hereby certify that James Fish before whom the forgo- ing Power of Attorney was taken was a Magistrate and now is as above named and the foregoing signature purporting to be his is genuine
In testimony of which I have hereunto affixed my Seal of office and subscribed my name this 3 d day of November 1843
James Terrell Clerk

6057.
Sally Houk
Ky-
act of July 36
1

State of Kentucky Rockcastle County, 3 caps
On this the 1 st day of November 1843 personally appeared before me James Fish - an acting Justice of the peace in the County and State aforesaid Mrs Sally Waite resident of said County and State and she thinks upwards of ninety two years of age and who after being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit made by the act of Congress passed the 4 July 1836 to wit that she is the widow of Nicholas Waite late of the County & State aforesaid and who was a Private in the army of the Revolution and served some time in said army and lived in the State of North Carolina when he entered the said army and on the discharge of his said service in said army he recd a pension under the act of the 7 th day June 1832 and which was granted him until his death which took place the 6 th day of August 1841 at the rate of $20 per annum she further declares that she cannot state the names of the officers that her said husband performed his said service, but for their names as well as the character of the service performed and such other particulars as may be in the investigation of her claim she would refer to the records contained in the papers comprising the matter of the application of her said husband for the aforesaid pension she further declares that she has no documentary evidence in support of her claim she had the age of her children in a Bible but it was handed to Mr Johnston in Washington County Ky. she further declares that she was married to her said husband Nicholas Waite,

about the year Seventeen hundred and seventy for 1772 to the said Nicholas Noack, and after they had been married four or five years and had a child then the Revolutionary war commenced and during the war her said husband Nicholas Noack entered the service, and served some time of time, she further states that she is not able to appear in open court owing to her age and want of grace she cannot walk with out help nor have not walked for ten years by her self she further states that she never had but one husband she further states that she is still the widow of Nicholas Noack deceased she further states that she has never drawn a pension from the united states
Sworn to and subscribed before me the 1 day of November 1843 Sally Noack James Fish Jr
State of Kentucky Rockcastle county ss
I the the above subscribed Justice of the peace in and for the above said county and state do certify that I am personally acquainted with Sally Noack and I do know that she is the widow of Nicholas Noack deceased who was a pensioner of the united states and upon the Kentucky roll until his death which took place the 6 day of August 1841. I do know that the said Sally Noack is a lady of truth and all that she has said in her declaration I believe it to be the truth and nothing more than the truth I know her to be a lady of untainted veracity

and her statements is to her tendition and I do know that she is part walking about and doing neither is she able to attend in open court count giving to her old eye and in ability to travel also being Blind the 1 st Nov 1843
James Fish Jr
State of Kentucky
Rockcastle County ss
I, I am the Clerk of the Rockcastle County Court do certify that James Fish who signed the foregoing Affidavit is a Magistrate and is now as above stated and the foregoing signature purporting to be his is genuine
In testimony whereof I have hereunto set my hand of office and subscribe My Name this 25 th Day of November 1843
James L. Smith Clerk
State of Kentucky Rockcastle County ss
Rockcastle County Court
November Term 1843 At a County Court duly organized began and held at the Town of Mount Vernon in and for the County of Rock- castle State of Kentucky on the 27 th day of Nov- ember 1843. It is ordered by the Court to be certified and recorded that the proceedings in the matter of the application of Mr. Sally Hancock for a

Pension had before James Fish Esq. be and the same are now submitted to the Court and are now sanctioned by the Court and further that the said proceedings are entitled to as full faith and credit as though they had been done in open Court.
I James Fenwick Clerk of the Rockhampton County Court certify that the above Order is truly copied from the Records in my office.
In Testimony whereof I have hereunto affixed my Seal of office and Subscribed my Name this 27 th day of November 1863.
James Fenwick Clerk
1504

Sally, widow of Nich ls Stock Mt Vernon - Rock Castle Co. Ky act - 4 th July, 1836 no 6051
SLG
Power of Atty Filed 10 th Oct, 1833
Papers cont
R. M. Rogers, Atty Present

I know all men by these presents, that I, Joseph Houck of the County of Rock Castle, State of Kentucky, one of the heirs at law of Nicholas Houck, a Soldier of the Army of the Revolution, and of Sally Houck, his widow, do by these presents, constitute and appoint, Richard M. Rife of the City of Washington, in the District of Columbia my true and lawful Attorney for me, and in my name, as one of the heirs of Nicholas & Sally Houck, and in behalf of the other heirs, to examine, and prosecute any claim we have for a pension, or arrearages of a pension due, the said Sally Houck, as widow of Nicholas Houck and to do all such acts as are necessary, and legal to prosecute said claim to a final decision. and I hereby revoke all powers of Attorney given for the prosecution of the same. Witness my hand and seal this 26 day of September, A. D. 1853. Witnessed by us Joseph Houck
State of Kentucky County of Rock Castle
On this 26 day of September, A. D. 1853, personally appeared before me, a Justice of the Peace, Joseph Houck, who acknowledged that he executed the above power of Attorney, for the uses and purposes therein contained. Witness my hand and seal this 26 day of September, A. D. 1853 B. W. Bethmann J. P.
State of Kentucky County of Rock Castle
I, hereby certify, that B. W. Bethmann Esquire, before whom the above Power of Attorney was executed, was at the time an acting Justice of the Peace, within and for the County and State aforesaid, and that full faith and credit is due to all his official acts.
In testimony whereof I have hereto set my hand and seal, of said County, this 26 day of Sept r A. D. 1853
M c Miller Clerk

State of Kentucky Rockcastle County }"
On this the 25 th day of Oct 1852, Before me George Procton a justice of the peace within and for said County; Personally appeared Frederick Hawk a resident of said County aged seventy-six years on the day of March next who being first duly sworn according to law doth on his oath make the following affidavit to be read as evidence in support of the claim of his mother (Sarah Hawk widow of Nicholas Hawk deceased) for a new pension now on file in the pension office under act of July the 4 th 1836.
That he is a son of the said Nicholas & Sarah Hawk that they always told him that he was born in Lincoln County North Carolina on the day of March in the year seventeen- hundred and seventy-seven (1777.) That they was married previous to that some considerable time. That he has had a record of his age but it is now destroyed or misplaced so it cannot be found. That he herewith sends a certificate of his marriage dated in the year 1800. & a tax receipt for that year which he paid in Berk County N.C. which should be satisfactory evidence that he was

over 21 years of age previous to (or at) that time as no person was compelled to pay County Tax except they was over 21 years of age at the time of giving in their list that the said receipt & certificate is attached to this affidavit. marked A & B.
Fredrick his Hawk mark
I George Proctor the undersigned an acting justice of the peace within and for the County of Rockcastle in the State of Kentucky, do certify that Fredrick Hawk this day appeared before me & swore & subscribed to his foregoing affidavit after I had read it to him with a correct understanding of its contents and meaning. I further certify, that the said Fredrick Hawk is personally known by me and that he supports a good character for veracity, &c. & that I believe from his appearance he is of the age stated by him.
Given under my hand this the 25 th day of October 1852. George Proctor

State of Kentucky Rockcastle County
I, Milton S. Miller Clerk of the County Court of said County do certify that George Proctor Esq. whose genuine signature appears to the foregoing Certificate is and was at the time of subscribing the same an acting justice of the peace within & for said County duly commissioned & qualified. In testimony whereof I have hereunto subscribed my name & affixed the seal of said Court at Mt Vernon. on this the 26 th day of October 1852. M c G Miller Clerk
This may certify that I have joined together in Holy Wedlock Frederick Hook and Elizabeth Haden both of this County this 25 th day August 1800 Certified J. P. M c G
A
I June the 7 th 1800 ... of ... Frederick Hook his publick and County Pax for the year 1800 ...
5/
B
J. L. Harkness

REJECTED
5257
P. O. _____
Sally Houk
Service: widow of Nicholas
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____ _____ _____
Re-enlisted: _____ _____
Attorney: _____
P. O. _____ _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

June 24-1897 Hist. to Mrs. L. C. Houk - 1017. K st. N.W. City (see Inv. 32-329)

LDY 6031.
Sally Hawk Kentucky
Sit to Wm. Drabue Aug 21/44
Sit to Wm. J.P. Martin Dec 21/44
to E. Smith Sept 16/46
Sit to Wm. J. Adams Oct 29/47
See case Act July 4, 1836 Elijah Denney vs 2513
Hon. D. Brock 6 th June 1850 X

6051
Sally Houk Ry.
Wm D. Brock Jan'y 20 1851
J. Fish June 14 1851
R. Roberts May 3 1852
J. Fish Aug 3 1852
" " Apr 18 1853
M. Prop Oct 21 1853
J. Int Feb'y 6 1855
Alfred Smith Feb'y 23 1855
5257
July 4 1856

I desire to be informed as to the condition of the claim of Richardson Roberts, Adm r of the widow of _____ Hawk, a Revolutionary Pensioner, Ky roll.
J. French H. Raper

Kentucky Rockcastle County S.D. April Term 1845
Ordered that letters of Administration of the estate of Sally Hanks dec d . be granted to Richardson Roberts he had the oaths prescribed by Law and together with Abraham Chestnut his security executed and acknow- ledged bond in the Penal sum of $200 Conditioned as the Law directs
Copy Atk.
Jamess Lewis Clerk

RF No Record of Marriage
(17)

North Carolina.
I, Robert Williamson, Clerk of the Court of Pleas and Quarter Sessions for the County of Lincoln, in said State, do hereby certify, that I have made diligent search in my office for the Marriage Bond of Nicholas Houk for his marriage with Sarah Mouser, and that the same could not be found.
I further certify, that such bonds, previous to the year 1857, were the only records of marriages to be found in any of the public offices of this State.
Certified under my hand and the seal of said Court, at office in Lincolnton, this 3 rd day of January 1852.
Robt. Williamson, Clk.

Bot material
Oct 14. 1852
Acct. etc. in case of Sarah Hawk widow of Nicholas
Mr. Hearn 14 Dec 24
Hon. Jas. S. Fish
Mt Vernon Ky.
Commissioner of Pensions Washington City D.C.

W. Vernon Rockcastle County Ky 26 th Oct 18.
Sir
Please find enclosed affidavit in application of Sarah Hook (widow of Rich of this County under act of July the 4 th 18
Please examine the same & report me at as early a period as practicable.
In haste.
Very Respectfully Your most Obl Serv J. A. S. Fr
To Hon. Com te of Pensions Washington D.C.

State of Kentucky = Rockcastle County } ss
On this the 1 st day of November 1843 personally appeared before me James Fish an acting Justice of the peace in and for said County and State, I do know Nicholas aged sixty seven October 1843, a resident of said County and State, and after being duly sworn according to law do the on his oath state that he is the second child of his said father and Mother Nicholas Neault and Sally Neault his wife who is now his widow, he further state that he was born about the 13 day of October 1776, to the best of his belief - and when his father was gone in the army he can recollect and he has a distinct recollection when his father came home from the service of the United States army and then he understood that his mother was his father's wife and from that time to his own knowledge his said Mother Sally Neault has been the wife of Nicholas Neault until his death which took place the 10 day of August 1841 and I do know that the said Sally Neault is the widow of Nicholas Neault who was a pensioner of the United States and upon the Kentucky - Rate and drew $20 per annum until his death which took place the 10 day of August 1841, he further states that the said Sally Neault has never married since the death of her said husband Nicholas Neault but still continues his widow sworn to and subscribed this 1 st day of November 1843
James Fish Jp
Frederick Hamble

State of Kentucky Rockcastle County ss
I the foregoing subscribed Justice of the Peace in and for the said County and State, I do Certify that I have been acquainted with the affiant Ferdinand Vaile upwards of twenty years and I do know him to be a strictly honest man and all of his statements in the foregoing depositions I do believe to be strictly true as he is a man of standing and I have no doubt but what he is full sixty seven years of age given under my hand at this 1 st day of November 1843
James Fish J.P.
State of Kentucky
Rockcastle County ss
I James Terrill Clerk of the Rockcastle County Court do Certify that James Fish before whom the foregoing Power of Attorney was taken was a Magistrate and now is as above named and the foregoing Signature purporting to be his is genuine
In testimony whereof I have hereunto affixed my Seal of office and subscribed my name this 3 rd day of November 1843
James Terrill Clerk

Jan 30/52
Add. evi: in case of Sarah Hoult wid: of Nicholas
Richardson Roberts Mt Vernon Roxcastle
Mr Vernon Jan 14 72
Commissioner of Pensions Washington City D.C.
13

Mt. Vernon Rockcastle County Ky 17 th Jany 1852.
Sir
Please find within certificate from the Clerk of Lincoln County Ky. in relation to the marriage of N Hawk to Mrs S. Mauser . I am informed by my former agent E. Smith that is all that is lacking in the application of Sarah Hawk widow of Nicholas under act of 4 th July 1836. application was made by her in her life time and I am now her administrator of which I suppose you are duly informed. There is no publick or private record of their marriage now in existence to my present knowledge.
If this is sufficient to qualify you in allowing her pension you will please send the certificate to Jas. S. Fish at Mt Vernon Rockcastle County Ky. if not please let me know what is lacking and oblige your most
Old Senat Richardson Roberts
Commissioner of Pensions Washington City D.C.

Department of The Interior, Washington February 21 st 1855
Sir,
Your decision, as submitted in your report of the 6 th Instant, upon the claim of Sally Houk deceased widow of Nicholas Houk deceased for a Pension, under the Act of July 4. 1836, has been affirmed; and the papers in the case are herewith returned to your office.
I am, very respectfully, Your obed t Serv t W. M. McLane Secretary
Hon. Loren P. Waldo, Comm r of Pensions

Have the honor to be, Very respectfully, Dear Mr. Dewey, J. L. Edwards
139
Wm. J. P. Martin House of Representatives

Pension Office, December 26th 1845.
Sir,
I have the honor to inform you that the papers in the case of Sally Wouk, deceased, widow of Nicholas Wouk, forwarded by you, have been examined and filed.
Mrs Wouk made application, during her life for a pension under the Act of 4th July 1836; but as her marriage with Nicholas Wouk did not take place until after the termination of her service, she had no claim under that Act.
If this claim be urged under the Act of 7th July, 1838, the certificate of a Court of record showing the day of Mrs Wouk's death, and also that of her husband's, with the names of her children who survived her, together with the character of the evidence upon which this certificate was granted, should be produced. The proof of the date of the marriage before 1794 is satisfactory. The day of the death of Mrs Wouk should be established by the evidence of the undertaker, the Physician or the Clergyman who attended her funeral.

Oct. 10, 1853.
Letter in case of Sally Hancock, widow of Nicholas.
R. M. Ross, Present.
J. G. G.

Pension Office Oct 10 th 1853
Sir
I file a power of atty in the case of Sally, widow of Nicholas Stone, suspended under Act 4 th July, 1836, from M t Vernon, Rock Castle Gap, which case I should like to have examined & reported on from a letter written, by Col Edw ds former Comr of Pensions, on the 26 th Dec r 1845, to Hon J. P. Martin, House of Reps, the marriage is sufficiently proven - but he says, her death, & her childrens names are not, the death, & childrens names you will see are sufficiently proven by Affidavits &c to power atty in this
Respectfully, R. M. Roff
Hon L. D. Waldo
Comr of Pensions

May 31/62
Rel. to case of Nicholas Commissioner  Hanson widow is Pension  for Gas fish  at Dist. Vernon Washington Ky
Mr Vernon J. May 23
To Edon
Edon

Met Neelon Rockcastle County Ky 22 d May 1859
Sir
You say to Mr Roberts he is mistaken in supposing the negative certificate of the clerk of Lincoln County Ky. (in relation to the marriage of Nicholas Hook's widow) is all that is lacking to justify the allowance of her claim under act of 1836.
Mr Roberts informs me that he has made proof of cohabitation as man & wife previous to the termination of the last term of service. if that is the case, I do not think he is mistaken unless you have formed new regulations very recently.
You will please examine the papers and inform me whether any such proof has been if it has in the absence of any written evidence must you certainly must allow the claim
In haste
To
Comm ee of Pensions Washington City D.C.
Yours most Obt Servt J. S. Fish

March 27. 57
Eng: In behalf of the claim of the estate of Nicholas Young
with Capt. [unclear]
James S. Fish Mt. Vernon
Mr. [unclear] by [unclear] 19th March 19th 1857
Commissioner of Pensions
Washington City
D. C.
for

Met, Vernon Rockcastle County Kentucky March the 18 th 1869.
Commissioner of Pensions, Washington City D.C.
Sir
I am requested by the Administrator of the estate of the widow of Nicholas Hawk deceased (formerly a Pensioner of this County) to ask you to inform me if there is any law passed that will embrace his claim. if so what proof is lacking &c.
The application was made by Richardson, - Roberts (Administrator of the estate of the widow of said N. Hawk.)
In haste
Your most Obt Servt Jas. S. Fish

Feb 1
J. L. Garand Esq Washington City

Sir
When you look over the enclosed papers please let me know what can be done in relation to the claim yours as I L Edwards Esq.                      Ino P Martin
(Faint mirrored text from the reverse side of the page) I L Edwards Esq. New Bedford, Mass.

Frankfort Kentucky Decr 19. 1843
My Sir
I herewith enclose you the declaration of Mrs Sally Howke of Rockcastle County Kentucky making application for a Pension under the act of Congress passed 4 th July 1836. Also enclosed herewith are two depositions in support of the claim. Please enclose to me at Frankfort Kentucky the certificate of allowance.
I am Very Respectfully Your Obt Servt L W Tatham
Hon J. S. Edwards Comm r of Pensions Washington City. D.C.

Alfred Smith Mt. Vernon - Rockcastle Co. Kentucky - January 20. 1855
Appeal from the decision of the Commr of Pensions in the case of Sally Hooks as the widow of Nicholas Hooks de d . under act of July 4. 1836.
M t Vernon Ky Jan 23 } Free Dept Int } Respectfully referred to Feb 1/35 } Comm ee of Pensions for a Report. W. C. Whipple
Hon. Secretary of the Interior
Mark } Washington D C City — Comm ee
Pittsfield Rec d Feb. 1855.

Wad. Secretary of the Interior Mt Vernon Rockcastle Washington D.C. Co Ky. 20 th Jan 1855 Dear Sir
Sally Hook made application for a pension - as the widow of Nicholas Hook (deed), under Act of Congress passed 4 th July 1836. from Rockcastle County Kentucky - Nicholas Hook. died in 1841 - his wife Sally Hook. died 1 st April 1845.
The commission (deed), the heirs of Sally Hook is not entitled under act 4 th July 1836. as she was not married before the last portion of the service of her husband - and as she died before the 3 rd March 1857 - her heirs is not entitled under act July 7 th 1838.
I contend that the rule of the department has ever been - when a pensioner dies after the passage of the act 7 th July 1838 and before the 16 th August 1842 - leaving a widow - provided she lives until after the 16 th August 1842 - and then dies - the children of the parents - is entitled to the amount due the widow - from the date her husband died to the date she died.
Notwithstanding - the husband was alive at the date the act was passed - this is a point of Law - I am sure settled. as the I am the attorney

for the sum of Sally Hank (deceased), Mr J. S. Edwards of Washington D.C. is the Atty there. Will You do me the favor to examine the papers and settle the law of the case. They are to be found in the Pension Office - also do me the favor to consult the Atty and upon the Case -
I am Dear Sir Very Respectfully Alfred Smith

Free
M c Vernon Ky Feb 3
Frank Tally
ms 1836 Ky
Mail 3
Genl. Commissioner of Pensions Washington D C City

World Commissioner Of Pensions Washington D.C.
Mt Vernon Rockcastle County Ky. 3 rd July 1855
Dear Sir
Sally Monk. The widow of Nicholas Monk Applied for a pension as his widow in her lifetime from Rockcastle County Ky. under act of Congress passed 4 th July 1836. - he died in Augst 1841. She died April 1 st 1845.
I am informed - that your honor decides. They were not married before her husband quit the service - have no claim under act 1836. not being a widow July 7 th 1838 and having died before 3 rd March 1851 when provision was made for that class of widows no pension can be allowed her children.
I thought possibly she would be entitled under act 17 th June 1844. notwithstanding she died in 1845.
If a pensioner dies - July 10 th 1838. leaves a widow to whom he was married before 1794. his widow dies. 1845. leaving children, is there no provision by which the children of the deceased pensioner can recover the amount due his widow - from the death of her husband to the date the widow died -
I will here refer you to the decision of the World J. L. Edwards - Commissioner of Pensions - given June 25 th 1844. in which he states.
Many persons however, will be entitled to pensions under the act of June 17 th 1844. who have not been, or cannot be, pensioned under act of July 7 th 1838. and March 3 rd 1843.

by reason of the provision in the Act of April 30 th 1844. entitled - An Act making Appropriations for the payment of revolutionary and other pensions of the united States for the fiscal year ending on the 30 th June 1845 which declares, that no pension shall be hereafter granted to a widow for the same time that her husband received one, in all cases in which the husband was a pensioner the widows pension will commence on the day of his death, unless he died between the 4 th March 1836. or between the 4 th March 1841. and the 4 th March 1843. if he died between the two last dates, the widows pension will begin on the 4 th March 1843. and if he died previous to March 4 th 1836. the widow will be entitled to the whole of the provision allowed under the acts of 1838 1843. and 1844. as if the Act of April 1844 had not passed.
I have merely made the foregoing statement as reference - with due respect for your opinion - and hope all will be right. if any of the foregoing Acts was applicable to - the claim of Sally Hook in her lifetime - would it not be correct for her children to receive the same benefits thereof - notwithstanding the Act of 3 March 1851. or does that act repeal the Acts referred to -
I am dear sir Very respectfully Alfred Smith

May 11/1822
Rel: to case of Nicholas H  Mark  son widow & others
Mr. Williams J. B. May 3
Last Will of Simon Rockcastle Ky.
To Henry
1822

Wt, Nelson Rockcastle County Ky 1 st May 1852.
Com t of Pensions Washington City
Sir
Yours of 17 th ult is received in which you say you have not received certificate of Marriage of Nicholas Hank's widow.
I hope you will make a careful examination once more I am very certain I enclosed it to you on the 14 th of Jany last.
Please send me Mr. E. Baker's certificate she is becoming very impatient.
Theeby King's heirs are also becoming very restless. & wish to see that certificate. enclose them to me as early a period as practicable.
and oblige
your most humble and Obed Servt J. S. Fish

State of Kentucky Rockcastle County ss
Be it known that on the 10 th day of September 1845 Richard Roberts a resident of the County aforesaid and near sixty sixty years of age after being sworn according to law upon his oath before the Hon ble J. L. Duncal, Judge of the and Pres- ident Judge, in open court made the following declaration "That Nicholas also Hawke who was a Pensioner of the Revolutionary War, late of Rockcastle County at the rate of $20. per year on the Kentucky agency, departed this life in Rockcastle County the four years last past the 6 th day of last month - His wife Sally departed this life in Rockcastle County the 1 st day of April last, 1845 she never was married after the death of the said Nicholas Hawke, neither was she placed on the Pension roll, tho' shortly before her death

applied and her papers were prepared by the Rev. — Habar — and forwarded as he understood to the proper departments at Washington to which he refers the Hon. J. L. Edwards. As the wife of said Nicholas the said Sally had eight children six of whom are now living. The two long since departed this life with next issue — they are as follows. The eldest Hank, Polly, who married to George Adams etc. Betty married Joseph H. Gandy, Sally married William Roberts Betty married Dickison Roberts all of the above persons are now living and are the only living kin of the said Sally.
Richardson Roberts
Also the James Fish a Resident citizen of Laurens County aged 55 — years also

appeared in open Court who after being first sworn according to law upon his oath made subscribed to the following declaration. "That upwards of twenty five years as he now believes he knew Nicholas Hanks and Sally Hanks named in the foregoing affidavit of Richardson Roberts; that he lived a neighbor to them to their death. They lived together as man and wife and raised a large family of children. The old man was a Revolutionary Pensioner. While he knew them no one so far as he knows doubted their being man and wife. He  He  was  He  so  was  sworn  to  the  sign this 18 th of Sept. 1845 James Fish
It is therefore considered by this Court that it appears from satisfactory evidence, and the personal knowledge of the Court, that Richardson Roberts and James Essex Fish are respectable and

Credible And that it is the opinion of this Court that it be certified to the Pension officer that it is the opinion of said Court that the said Nicholas Hanks and Sally were lawful man and wife and that said Nicholas Hanks was a Revolutionary Pensioner and departed this life in Rockcastle County Ky on four years last past the 6 of August last, and that Sally his reputed wife departed this life in said County on the 1. of April last. And further as the opinion of the Court that the persons named in the affidavit of the afft. Richison Roberts are and was at her death the only lawful children and heirs of the said Sally deceased. Given under my hand as Clerk of the Rockcastle Circuit Court to which I have sworn the seal of my office James Terrell Clerk of the Rockcastle Circuit Court

R. Roberts pension claim
filed - see let 6 June 1850 to Paul D. Booke
157
R. Roberts pension
— — —

State of Kentucky
Rockcastle County ss.
Be it known that on the 27 th day of May 1858 before me Thomas J Smith a Justice of the Peace for the County of Rockcastle ss. and member of the County Court of said County William Henry age forty eight  fifty two and Betsy Roberts age forty one Citizens of the County of Rockcastle ss. whom I certify to be truthful and reliable who being first duly sworn according to law upon their oaths make & subscribe to the following declaration "That they long knew Nicholas Harker a Revolutionary Pensioner in the County of Rockcastle ss. who departed this life as they now verily believe in said County on the 6 th day of August 1841 - !, this Harker is known to his Sally, by some called Sarah, who departed this life in the County of Rockcastle ss. on the 2 nd day of Apr. 1845 at the house of Richison Roberts her son. The undersigned Harker lived a near neighbor and the undersigned Roberts was at the burial of both. When the wife died she left several children by said Nicholas, all now since married off two of whom now live in Ky, (the others in Indiana) in the County of Rockcastle ss. to wit: Frank Harker and her daughter the wife of the ss. Richison Roberts from the residence to before the day of  Mark L  Richison Roberts  May 1858  Richison Roberts

B.C. The above is in addition to a proof by the way that it is really? our file same year (60 or 70 as he thinks) for the county Rep. in our own file in the Washington.
They for the state that they believe the said Francis his  Henry of twenty years of age. William Henry Mark  Mark  Mark  Mark to be upon me this Mark  Mark the 27 day May 1850. J. J. Smith J.P.
Also on the 27 day of May 27 1850 before me Thomas J. Smith a Justice of the Peace for the County of Rock East  East  East  East member of the County Court of said County. Richard Roberts a citizen of said County and of the County of Rock East  East  East  East being first known according to law upon his Oath declared to subscribe to the following affirmation. That the statement of William Henry and Bina Roberts as above is true. That he is the son  son of Sally Hester  Hester wife of Nicholas Hester  Hester a resident  resident of Rock East  East  East  East That he is the identical

Richard Roberts named in the copy of the record, has attached from the clerk of the Rockcastle County Court Ky.
Richard Roberts maker
Known and subscribed to before me on the 27 day of May 1850. Given under my hand as a Justice of the Peace for the County of Rockcastle County Ky and a member of the County Court of said County. I further certify that the note (A) to the statement of Roberts above was made in his presence and in my presence before I sign on this and also the note B, C, D, 27 May 50 - Chas. Smith D, whom I certify to be such.
The witnesses whose names are subscribed to the foregoing note and statement are hereby acknowledged before me this 27th day of May 1850.
State of Ky
Rockcastle County ss. I James Terrill clerk of the County Court do certify that the above Thomas Smith was a Justice of the Peace for the County at the date of signing the same: And that his signature is genuine.
Given under my hand as clerk of said Court this 27 th day of May 1850
the mark of said clerk
James Terrill Clerk of Rock castle County Court

Sally Hawkins
Adams
M c Vernon St June 10 FNU City
Hon: D. Beck
Washington
Mail  S
City
Submitted by D. Beck H. Rep.

Mt Vernon Ky June 9/50
Dear Sir: I send you the papers of R. Roberts Sr. of the estate of Sally Harker dec. After she died I sent a declaration on for the heirs but the death not was sufficiently proven which I think now is you will of can see if you will examine it. As to identity and marriage Mr Edwards about 4 or 5 years since wrote me was sufficiently proven by he will be by turning to the files. I think in the past I wrote you as above intending to enclose the within but through mistake I sealed up and sent it to the Office.
Yours truly, E. Smith

State of Ky. Rock co. the 10th First Be it known that on the 22nd of Sept r 1845. before the undersigned Joseph Hawk a Justice of the Peace for Rock co. the County Ky. both armed & legman, aged 80. odd who resides in the County Ky. who being first sworn as reg d by law made the following declaration.
That fifty three years ago she was acquainted with Nicholas Hawk due late of Rock co. the County Ky. who was a pensioner for a voluntary service, and Sally Hawk his reported wife in Lincoln County Ky. & Bardstown. They lived together as man and a wife, and about forty years ago they moved to the west, and she again about eight eight years past she moved in to Rock co. the County where she found the said Nicholas & Sally living together as man

and wife & all I have up to his death about four years since, Sally died in the spring last. When she knew there was N.B. nobody questioned their mainly they raised a large family of children. before Joseph Hook. he  to be  he  his Joseph Hook. he  to be  he  his Joseph Hook. he  to be  he  his
I Joseph Bennett further certify that the above signature signature is so old and inferior that she is unable to attend court. I further certify that she is six feet tall. Given under my hand as a freeholder of the County of Rock is the City of New York 1 st 1845 I certify that she
I certify that the Joseph Hooker Jr

State of Ky Radcliff Ky I have been Clerk of the County Court of Rockcastle Co Ky that Joseph Hawkins is and was at the time of the Rev for the County of the time of the Rev that same and that his signature then was as follows my hand & seal at this day of Sept 1845
State of \frac{1}{2} Rockcastle County ss Be it known that on this day 15 of Sept. 1845 William Smith age 72. a resident of the County of Rockcastle before me George Hooke a Justice of the Peace for the County of Rockcastle who after being sworn as the law requires, sub- scribed & swore to the following declaration "That he has lived in Rockcastle the forty odd years, some twenty odd years since he became acquainted with Abraham Lincoln now age 36

a workingman, and that he has for a long time he has known his son Frederick Hanks, alluded to in the dep- osition of Richardson Roberts who named one of the reputed children of Samuel  William Hanks. From his long acquaintance with Richardson Roberts, who deposed in the Circuit Court of P. County he would rely upon him upon both George Hough & Sam Habsberger to this day & year Y r William Smith

605A.
Sally Hawk
Ind & Mich. Co.
Hy 161
July 4, 1836
The character of Genl. Smith of Rockcastle county Ky (the subscriber to the within) is as good as any man in his county so far as I know or believe, he has served in the Ky Legislature both as Representative & Senator & is regarded as an honorable man - Mr. Stouch is also a man of fair character as far as I know or believe
Dec 13 1845
A. L. Edwards Esq
Cour. of Pensions
J. P. Martin Rep from
the 6 th congressional dist in Ky

and his wife Sally now dead. From his earliest recollection they were together man and wife; the said Nicholas was a Revolutionary Pensioner who died in Rock in the County about the time mentioned by some Richison Robins, and also the land Sally departed this life about the 1 st of April last past, never having married after the decease of her husband said Nicholas. His father Frederick Hawkins and son of the said Nicholas and Sally is now at least 69 or 70 years of age. The description of the said Richison contains a correct statement of the now living line of the said Sally died by her husband the said Nicholas deceased and sub- scribed to this 27 th of Nov. 1845.
John Green
George Hawkins

At the September term of the Rockcastle Circuit Court I John Quinn a Justice of the Peace for Rockcastle Ky, do certify that George Hanks is Reasonably known to me and that he has been subscribed to the foregoing declaration and that he is credible. Given under my hand this 27 of Nov 1845 1845. John Quinn
I James Merrill Clerk of the County Court of Rockcastle Ky do hereby certify that James Merrill and John Quinn were acting Justices of the Peace for the County at the time they signed the foregoing declaration and that their commissions were then in force and that they were all of office on the 27 th day of Nov 1845 James Merrill Clerk of the Rockcastle County Court.