Levy County FlArchives Military Records.....BENEFIELD, J. S. 1928 Civilwar - Pension Company C. 45th Ga. Reg., Confederate States Army ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/fl/flfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Crystal Head silsie329@msn.com December 16, 2007, 8:04 am Pension A10060 Widow's Pension Claim Under General Pension Law of Florida Form A. State of Florida, County of Marion On this 15th day of June, A. D. One thousand Nine Hundred and Twenty eight, personally appeared before me a Notary Public unreadable at large in and for the County and State aforesaid Francis Benefield a resident of Marion County of -- State of Florida, who being duly sworn according to law, makes the following declaration in order to obtain a pension under the provisions of the General Pension Laws of Florida. That she is the lawful widow of J. S. Bennefield who enlisted under the name of J. S. Bennifield on the __ day of March , 1862, in Comp0any C 45th Ga. Regiment of the State of Georgia and who was honorably discharged at ---------186_, on account of unknown to him (handwritten). (Here give complete statement of other services. If any.) That he also served------------------For proof of husband's war service, refer to Pension Number 2594, 1903 (State here if husband drew a pension, and when.) Filed in the Comptroller's Office, Tallahassee, Fla. Drew unreadable months pay I think in Nov 1904 and died 26th day of Juy 1905. That she was lawfully married to the said J. S. Benefield under the name of Francis Hodges in the County of Alachua State of Florida on the 29th day of April 1893, and that she was not divorced from him before remarried since his death which occurred on the July 26th day of July, 1905, in the County of Levy, State of Florida except as herinafter stated. Married John T Carmichael 1905 Divorced from Carmichael 1920 in Citrus Co., Fla. That she is a resident of Marion County, Florida, and has continuously resided in the State of Florida since the (following is handwritten) all my life except spent 4 yrs about 2 (or 20) yrs ago in Ala. -------------------------------------------------------------------------- That she was heretofore granted a pension from the State of Florida under Certificate No. --. That she is not a pensioner of any other State. That her Postoffice address is Dunnellon, County of Marion, State of Florida. Francis Benefield (her Mark x) (Signature of Claimant) Attest: (1) J.M. Barksdale (signature) (2) H.E. Chalker (signature) Sworn and subscribed before me this 15th day of June, A.D. 1928. I hereby certify that the above declaration, etc., we made known and fully explained to the applicant before swearing, and that I have no interest direct or indirect, in the prosecution of this claim. J.M. Barksdale (signature) Notary Public (handwritten) State of Florida at large (handwritten) (a) State of Florida, County of Alachua I, B D Hiers, of Alachua County, Florida hereby certify that the records in this office show that a marriage license was issued to James S. Bennefield and Frances Hodges on the 29th day of April, A.D. 1893 The records further show that the above named parties were married on the 30th day of April, A.D. 1893, and that the ceremony was performed by T. M. Bailey, N.P. (seal) B D Hiers, County Judge (signature, handwritten) (b) State of Florida County of Alachua Before me, a County Judge, in and for the County and State aforesaid, personally appeared-------and ----------who, being duly sworn according to law, deposes and says each for himself that he was present at the marriage ------and ------which occurred at ------on the ----day of ------, A.D., in the County of -----, State of-----,and that the ceremony was performed by -----. (No signature) (L.S.) (No signature) (L.S.) Sworn and subscribed before me this ---day of ------,A.D.192_ (No signature) (No signature) (seal) -------------------------------------------------------------------------- (e) State of Florida County of Alachua Before me, a Notary Public, in and for the County and State aforesaid, personally appeared Lewis Martin and J. E. Hodge who, being duly sworn according to law, deposes and says, each for himself, that he knows of his own personal knowledge of the death of Jas. S. Benefield which occurred att_________, County of Levy, State of Florida, on the 26th day of Jan., A.D. 1905. Lewis Martin (L.S.) (signature) J. E. Hodge (L.S.) (signature) Ira J Caston Notary Public,State of Florida at large My commission expires September 8, 1930 Report of County Commissioners We, the undersigned, County Commissioners in and or the County of Marion, Florida, do hereby report that at a meeting of the Board of County Commissioners held this day the foregoing application of Frances Benefield for a pension under the Laws of Florida, was investigated by us; that we are satisfied that the applicant has been a bona fide citien of the State of Florida for eight years just preceding the date of this application, and that the representations made in the petition and affidavits are true, and that a pension should be granted the applicant. Witness our hands this 5th day of July, A.D. 1929 (1) J M Douglas (signature) Chairman (2) C.G. Baskin (signature) (3) C E Carmichael (signature) (4) L B (unreadable) (signature) (5) W Jrosby County Commissioners By the County Commissioners. Attest: T. D. Laucosti Clerk Circuit Court. Note.-All blanks must be filled out. All information required must be fully and accurately given. Applicant may use either form (a) or (b) for proof of marriage, or she may attach certified copy of marriage certificate. Applicant may attach certified copy of official record of hysband's death in liey of form (c) if preferred. Where the applicant for pension has remarried since the death of the soldier husband, upon whose service she is applying for pension, she must establish the fact that she has again become a widow in the same manner as prescribed in above paragraph, or if divorced, she should forward certified copy of decree granting a divorce annulling such marriage. Applicant must give permanent address -------------------------------------------------------------------------- Former Claim No.---- Application No. 23522 Pensioner No. 10,060 Claim for Pension By Francis Benefield Of (unreadable) Postoffice Marion County widow of J.S. Benefield of 45th Ga Company Filed in Pension Department July 17, 1929 Approved and Filed in Comptroller's Office Oct. 17, 1929 With pay from July 17, 1929 At the rate of $480 per annum Roumelle Bowen (signature) Secretary of Board -------------------------------------------------------------------------- I.B.Hilson State Printer Tallahassee Soldier's Application for Pension. State of Florida, Levy County, On this 25th day of August, 1903, personally appeared before me, Clerk of the Circuit Court in and for said county and State, J.S. Benefield who being by me duly sworn, declares he is the identical persoon who enlisted on or about the --day of March, 1862, in Captain Bascombs Company, ("C") county of Dooly , in the State of Georgia and that he performed service in said company 45th Regiment, of the State of Georgia----------------------------------------------------------------------------- ----------------------------------------------------------------and was honorably discharged at the expiration of my service on the ----day of May 1865 in Bibb county, State of Georgia and that on or about the 26th day of June 1862 while in service in said company and regiment at Richmond Virginia he was stricken with paralysis caused by over marching and exposure, which disabled him from further service until about the 1st of May 1864, but that he has never recovered therefrom. (handwritten) and that as the direct result of said injuries, thus received in line of duty during the war, I am now unable to gain a livelihood by manual labor; that I have continuously since January 1st, 1885, been a citizen of Florida; that neither I, nor my wife, nor both combined, own real and personal property to the value of $800 in this or any other State, and have not purposely disposed of our property for the purpose of availing ourselves of the provisions of the pension laws of Florida; that I am not otherwise enabled, or in a position to earn, and have no income from any source sufficient for livelihood by manual labor, and that I never deserted the Confederate service, and that I receive a pension from no other source. Sworn and subscribed before me this 25th day of August 1903 A.P. Hardee (signature) Clerk Circuit Court Levy County J.S. (x his mark)Benefield P.O. Address Bronson -------------------------------------------------------------------------- I do solemnly swear that I was born on the 20th day of March A.D. 1830 in Dooly county, State of Georgia and that I am now past the age of sixty-five (65) years. that I was a bona-fide citizen of this State on January A.D. 1885, and have continuously resided in this State since that date; that I do not own property, real or person, or real and personal, to the value of eight hundred dollars ($800), and that I am by reason of age incapable of providing a living by manual labor for myself. Sworn and subscribed before me this 25th day of August 1903 A. P. Hardee (signature) Clerk Circuit Court Levy County. J.S.(x his mark) Benefield P.O. Address Bronson, Florida We do solemnly swear that we personally knew J. S. Benefield the above applicant for pension during the Civil War of 1861 to 1865, that from personal acquaintance with him during the war he served Capt Bascombs company, C 45th Georgia Regiment and know of our own knowledge that he did perform actual service as a soldier in said Company and regiment and that he never deserted the Confederate Army. Sworn and subscribed before me this---day of ----- ----- Late of ----Co.---Reg. ---------- Late of ----Co.---Reg. We do solemnly swear that we are familiar with the value of all the property owned by J. S. Benefield and his wife, directly or indirectly, in this or any other State, and that the actual combined value thereof does not exceed $800; that they have not disposed of any property for the purpose of availing themselves of the provisions of the pension laws of Florida, and that he is not physically or otherwise able, or in a position to earn a livelihood, by manual labor. Sworn to and subscribed before me this 7th day of September, 1906 A.P. Hardee (signature) Clerk Cet. Ct. Leby Co., Fla (handwritten) W.S. Fletcher P.O. Address Bronson Fla W.A. (x his mark) Tindale P.O. Address Bronson Fla. -------------------------------------------------------------------------- We, the undersigned physicians, residents of the State and county aforesaid, do solemnly swear that we have carefully examined J. S. Benefield, who is personally known to us to be the person above applying for a pension under the laws of Florida, and find (the following is handwritten) that from age and the effects of paralysis he is unable earn a livelihood. I have attended Mr. J.S. Benefield for the past twenty years in his afflictions and know he is not able to make his living by manual labor from the effects of paralysis. Sworn and subscribed before me this 7th day of September, 1903 A. P. Hardee (signature) Clerk Circuit Court (handwritten) Jas. M. Jackson M.D. Residence Bronson, Fla I certify that the above affidavits are genuine; that all of the affiants are persons of respectability and good reputation, and that their statements are worthy of belief; that the attesting officers are duly authorized to attest said affidavits, and that their signatures thereto are genuine. A.P. Hardee (signature) Clerk of Circuit Court We, the undersigned County Commissioners of Levy county, Florida, do hereby certify that we have carefully investigated the above application for pension made by J. S. Benefield and are satisfied that the conditions and alleged facts therein stated are true and correct, and that he is legally and justly entitled to the pension provided by the act, approved May 3, 1901. JB Guttestol (signature) Chairman E.C. Price (signature) J.C. Wimer (signature) J.M. Stephens (signature) E. Walker (signature) County Commissioners By the County Commissioners Attest: A. P. Hardee Clerk Circuit Court Revised Statutes of Florida, Chapter II, ArticleI. 2077. The children of parents who are unable to support themselves, shall be required to make provisions for their support. 2078. On information filed before the Justice of the Peace of the proper district by any person whomsoever, stating that certain persons have made no adequate provisions for their father and mother, or either of them, the Justice shall cause a summons to be issued to said parties, and evidence to be taken as to the truth of the facts stated in the information, and if the same shall be found true, after a fair trial in which the defendats shall have the right to be heard by counsel, the Justice shall issue an order making an assesment on the said children for such amount as shall be necessary for the support of their parents. 2079. Said order shall carry with it the right of enforcement by execution, and shall have the force and effect of a writ of garnishment on the wages of such children, and shall further provide for the person to whom and the manner in which the money assessed therin shall be paid. -------------------------------------------------------------------------- Claim for Pension By J. S. Benefield of Levy County Late of Bascomb's Company C 45th Regiment of Georgia Field in Executive Department Sept. 9th 1903 Approved November 13th, 1903 CH Dickerson Secretary of Board. Filed in Comptroller's Office dead list (handwritten) pay from Sept 9/1903 at rate of $96.00 per annum (handwritten) -------------------------------------------------------------------------- We do solemnly swear that we personally knew J.S. Benefield the above applicant for pension during the Civil War of 1861 to 1865, that we served with him in Capt. Baskins Company C 45th Georgia Regiment, and know of our own knowledge that he did receive the injuries set forth in the above application at the time and place claimed, and that the disability therefrom claimed to exist, does exist, and that he never deserted the Confederate Army. (stamped) I D.B. Leonard do certify that I have no knowledge of the inuries set forth in this instrument. Sworn and subscribd before me this 28th day of Aug 1903 D.B.Leonard (signature) Late of C Co. 45th Reg. Ga To be subscribed by two persons J.L. Coppreds Late of C Co. 45th Reg. Ga J P Powell unreadable Court Dooly Co.Ga. --------------------------------------------------------------------------This document has been filled in and crossed out on this --day of August, 1903, personally appeared before me, Clerk of the Circuit Court in and for said county and State, J. S. Benefield who being by me duly sworn, declares he is the identical person who enlisted on or about the --day of March, 1862, in Captain Bascomb's Company, "C" county of Dooly, in the State of Georgia [and that while in actual] crossed out, service in said company,---- Regiment, of the State of ---and in line of duty as such soldier, at ----, State of --- on or about the -- day of --, 186-, and was honorably discharged at the expiration of my service on the -- day of --- in --county, State ---, I---(Here state fully and clearly all the facts, showing the injury, its character, and especially the extent of the injury and disability resulting therefrom.) Balance of the page is blank. -------------------------------------------------------------------------- 2594-1903 State Board of Pensions. No.-- Governor. Comptroller. Treasurer. Department of Pensions, State of Florida, The Adjutant-General, Washington, D. C. Dear Sir: J.S. Benefield, whose widow is disirous for a pension under the laws of Florida. Claims to have been a member of Company C. 45th Ga. Reg., Confederate States Army, and to have ----- (stamped) Received Jun 7, 1928 Old Records Divn. Please furnish me with the record of this soldier. Yours very truly, Ernest Amos (stamped) Received A,G,O Jun 6 1928 -------------------------------------------------------------------------- War Department The Adjutant General's Office Washington June 7, 1928 In reply refer to O.R.D. Respectfully returned to Comptroller, Department of Pensions, State of Florida, Tallahassee, Florida. The records show that James(underlined) S. Benafield, Co. C. 45th. Georgia Inf., C.S.A., enlisted March 4, 1862, at Vienna, Ga. Muster roll Jan., & Feb. 1865, (latest on file) shows him absent. Wounded, from May 23, 1864, a Private. Medical records show that he was admitted to Jackson Hospital, Richmond, Va., May 26, 1864, V.S. (wound) L. Hand, shell, and transfd. to Columbia, S.C., May 27, 1864, a Private. His name appears on a Receipt Roll for clothing for 3rd. Qr., 1864, at Marshall Hospital, Columbus, Ga. Date of Issue: July 12, 1864 Capture, parole or later record not found. Not found as J. S. Benefiled. C.H. Bridges, (signature) Brigadier General, Acting The Adjutant General. By J.C. (handwritten initials) -------------------------------------------------------------------------- State of Florida, Levy County. Levy County Abstract Company, a Corporation doing a general title business in Levy County Florida makes the following certificate. That on August 29th 1902 one Annie M. Smith and husband William Smith deeded 40 acres of land in Section 24 TP., 11 south R.16 E., to one Frances Bennefield and this deed is recorded in Deed Book S Page 509 of the public records of Levy County Florida, the said William Smith being Brother-in-law of F.R. Sanchez. Further that on March-12-1904 Frances Bennefield mortgaged this same 40 acres of land as a Widow to one C.W. Baucknight which is recorded in the public records of Levy County Florida in Mortgage book K Page 583, showing that the said Frances Bennefield was a Widow and that her husband J. S. Bennefield was dead prior to March 12th 1904. Witness the Corporate name of said Company by its President this the 26th day of September 1929. Levy County Abstract Company By JC Sale President -------------------------------------------------------------------------- J.C. Sale County Judge Levy County Bronson, Florida September 26th, 1929 Miss. Roumelle Brown, Secretary State Pension Board, Tallahassee, Fla., Dear Miss. Brown:- Answering your letter next attached. I enclose two certificates which will help you in solving the discrepancies, or apparent discrepancies, in statements of Frances Bennefield or Carmichael in her application for pension. I was under the impression I could get but little information but happily a Mr. F. R. Sanchez came in the office this morning and he recalls even the little details about the death of Bennefield, he gave me the names of several others who could make similar affidavits but probably this will not be required. I hope this will assist the Board and if I can help further let me know. I appreciate your writing me. Yours very truly, J. C. Sale (signature) -------------------------------------------------------------------------- J. C. Sale County Judge Levy County Bronson, Florida State of Florida, County of Levy. On this date before me personally appeared F. R. Sanchez, who being duly sworn says that he is 64 years of age: that he has been a resident of Levy County Florida for over 40 years last past; that he knew one J.S. Bennefield during his life time; that he lived in the same neighborhood with the said J.S. Bennefield for several years prior to the death of the said J.S. Bennefield; that he knows the said J.S. Bennefield died in January 1903; that his wife Frances Bennefield was living with the said J.S. Bennefield at the time of his death and to the best of his knowledge and beliefs there was never any divorce granted and between them; that the said Frances Bennefield did not marry J.T. Carmichael until some time after the death of her former husband J.S. Bennefield; that he recalls these matters and has verified his memory by events happening at the time of the death of J.S. Bennefield; for instances the said J.S. Bennefield bought 40 acres of land in Levy County in the name of his wife Frances Bennefield in August 1902 and I recall distinctly and know of my own knowledge that he died on January following this purchase of this particular 40 acres of land which means that J.S. Bennefield died in January 1903, affiant further says that J.S. Bennefield died from mad dog bite or hydraphobia which made the fact of his death more widely known and commented on than would ordinarily been the case. F.R. Sanchez Sworn to and subscribed before me this the 26th day of September 1929 J.C. Sale County Judge Levy County Florida -------------------------------------------------------------------------- Pension Department State of Florida Pension Board Doyle E. Carlton, Governor Chairman Ernest Amos, Comptroller W.V. Knott, Treasurer Roumelle Bowen Secretary Tallahassee Sept. 13th, 1929 (Handwritten across top of document) No record of divorce affecting any of the parties in Levy Co Flo Hon. J.C. Sale, Judge, Levy Co., Williston, Fla. Dear Sir: Will you kindly advise me the exact date that J.T. Carmickle and Francis Benefield were married. The records show that they were married Sept. 27, 1904, while she claims to have been married in Nov. 1905. Mrs. Francis Benefield claims to have been divorced from Mr. Carmichael Oct. 18, 1920, in Citrus Co. She is, therefore, making application for pension as the widow of J.S. Benefield, who was receiving pension at the time of his death, Jan. 26, 1905, she must have been divorced from him and would not be eligible to pension. Would you kindly verify the date of her marriage on your records, and if there is any way to verify the date of Mr. Bennefield's death, which occurred in Levy Co. the exact place not stated, I certainly would appreciate it, as well as the Pension Board. Also please advise if there is any record of divorce proceedings, in the event his death was on Jan. 26, 1905. Assuring you of my high esteem, I am, Yours very truly, Roumelle Bowen (signature) Secretary, Pen.Bd. -------------------------------------------------------------------------- In the County Judge's Court, Levy County, Florida, in Probate. State of Florida: County of Levy: I, J.C. Sale, County Judge in and for the County of Levy, State of Florida, do hereby certify that the foregoing is a true and correct copy of Marriage License of J.T. Carmickle and Francis Benefield as the same appears of record and file in said Court. I FURTHER CERTIFY that the said County Judge's Court is a Court of Record, with an official seal, and that the Judge of said Court is the custodian of the records and of the seal of said Court; that said Court has original jurisdiction of the settlement of the estates of decedents and minors, to order the sale of real estate of decedants and minors, to take probate of wills, to grant letters testamentary and of administration and guardianship, and to discharge the duties usually pertaining to Couorts of Probate: that said Court has no Clerk of Record, but the duties usually performed by a Clerk of Record are performed by the Judge of said Court; that the signature below subscribed is the signature of the sole and Presiding Judge of said Court; that the seal hereto affixed is the seal of said Court; and that this attestation is in due form and by the proper officer accord-to the laws of the State of Florida. In WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the County Judge's Court, at Bronson, Levy County, Florida, this 3rd day of May A.D. 1929 J.C. Sale (signature) County Judge, Levy County, Florida. -------------------------------------------------------------------------- In the Circuit Court, 5th Judicial Circuit in and for Citrus county, Florida In Chancery: John T. Carmichael, } Complainant } vs } Final Decree in Divorce Frances B Carmichael, } Defendant } This cause coming on to be herar upon the Bill of Complaint and the Masters Report, and the defendant having been duly served with process of the Court and failing to enter her appearance herein as provided by law and a decree pro confesso having been entered against he in like manner, and being fully advised in the premises, on consideration thereof does find that the defendent is guilty of wilful, obstinate and continued desertion of the plaintiff for the spance of one year and that she was guilty of havtual indulgence in a violent and ungovernable temper. It is therefore ordered, adjudged and decreed by this Court that the marriage between the Complainant, John T. Carmicheal and the Defendent, Frances Bennyfiled Carmicheal be dissolved and the same is hereby dissolved accordingly; and the parties are and each of them freed from the obligations thereof. Done and ordered at Chambers at Ocala, Florida on this the 18th day of October A.D. 1920 W.S.Bullock Judge 5th Judicial Circuit of Florida. State of Florida} County of Levy} I, Claude Connor Clerk of the Circuit Court Citrus County, Florida, do hereby certify that the foregoing copy is a true and correct coopy of Final Decree dated Oct. 18th, 1920, recorded in Min Ct. Bood 3, P)age 445, of the public records of Citrus County, Florida. Witness my hand and official seal this December 28th, A.D. 1928 Claude Connor (signature) Clerk Ck County, Citrus County -------------------------------------------------------------------------- Office of A. P. Hardee Clerk Circuit Court, Levy County Bronson, Florida,----------190__ State of Georgia ss. Dooly County. I do solemnly swear that I personqally knew J. S. Bennefield the above applicant for pension during the Civil War of 1861 to 1865, that I served with him in Capt. Baskins Company "C" 45th. Georgia Regiment, and know of my own knowledge, that he never deserted the Confederate Army. Sworn to and subscribed before me this 8th day of Aug 1903. J. unreadable Powell Clk sup court Dooly Co. Ga D B Leonard State of Georgia, County of Dooly. I----------Clerk of the circuit Court in and for said County and State do hereby certify thaat ----- is a duly commissioned-------duly authorized to take acknowledgements and that his signature there to is genuine and that his commission expires-------Witness my hand and official seal this---day of-----A.D. 1903 -------------------------------------------------------------------------- Marriage License State of Florida Levy County To any Minister of the Gospel, or any Officer Legally Authorized to Soleminize the Rite of Matrimony: Whereas, Application having been made to the County Judge of ______________ County, of the State of Florida, for a license for marriage, and it appearing to the satisfaction of said County Judge that no legal impediments exist to the marriage now sought to be solemnized. These are, to authorize you to unite in the Holy Estate of Matrimony J.T. Carmickle and Francis Benefield (Handwritten) and that you make return of the same,duly certified under your hand, to the County Judge, aforsaid. (Official Seal Affixed) Witness, my name as County Judge, and the seal of said Court, at the Courthouse in Bronson this 27th day of September A. D. 1904 Ben Friedman (signature) County Judge I Certify, that the within named J.T. Carmickle and Francis Benefield were by me, the undersigned, duly united in the Holy Estate of Matrimony, by the authority of the within License. Done this 27th day of September A. D. 1904. Witnesses to Ceremony: _________________ _________________ Ben Friedman County Judge Filed for record this 27th day of September A. D. 1904 and recorded in Marriage Record 1-554 this 27th day of September A. D. 1904. Ben Friedman (signature) County Judge -------------------------------------------------------------------------- File at: http://files.usgwarchives.net/fl/levy/military/civilwar/pensions/benefiel4mt.txt This file has been created by a form at http://www.poppet.org/flfiles/ File size: 28.7 Kb