Manatee County FlArchives Military Records.....AVERY, James B. 1925 Civilwar - Pension Co. A 27th GA Regt. ************************************************ 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: Jimmy R. Polk http://www.genrecords.net/emailregistry/vols/00022.html#0005485 November 9, 2008, 1:46 pm FLORIDA CONFEDERATE PENSION APPLICATION FILES PENSION APPLICATION D22837: Surname: AVERY Given Names: James B. Service Unit: Georgia Reference: Wife’s Name: Application County & Year: Manatee Co 1925 Page 001 D22837 Page 002 Soldier’s Pension Claim Under General Pension Law of Florida as Amended by Acts of 1921. (Form A) State of Florida} County of Manatee} On this 31st day of October, A. D. One Thousand Nine Hundred and twenty five personally appeared before me, a County Judge in and for the county and State aforesaid, J. B. Avery, who, being duly sworn according to law, declares that he is 79 years of age, having been born on the 23rd day of May, 1846, in the county of Putnam, in the State of Georgia. That he is a bona fide citizen of the county of Manatee, State of Florida. That he has resided in the State of Florida continuously since the 10th day of January, 1917. That he is the identical person who enlisted at Augusta, Georgia, under the name of J. B. Avery, on the 11th day of September, 1863, in Company A, Regiment 27th of the State of Georgia in the service of the (Here state whether the service claimed was in the Confederate States Army or in the service of a State.) Confederate States Army and who was honorably discharged at Greensborough, North Carolina in the State of North Carolina, on the 26th day of April, 1865, on account of end of the war. (Here state fully any other military service performed by applicant. ………………………………………………………………………………………… (Here give date and place of capture, imprisonment, exchange or parole.) …………………………………………………………………………………………… That I served faithfully until honorably discharged from the service of the Confederate States in the year 1865, and did not desert the service of the Confederate States Army nor take the oath of allegiance to the United States until after the surrender of the Confederate Armies. (Here state whereabouts at the close of Civil War.) That I was in Greensborough, North Carolina. Page 003 That I have heretofore applied for a pension from the State of Florida and refer to Claim No. ……… for the proof contained therein. (Here state any disabilities, physical or mental.) None (Here state any wounds received, or loss of limbs and eyesight.) None That my postoffice address is Palmetto, County of Manatee, State of Florida. James Bradley Avery (Claimant must sign name in full.) Attest: (2) Jessie P. Miller (1) James Tucker Sworn and subscribed before me this 31st day of October A. D. 1925; and I hereby certify that the above declaration, etc., were fully made known and explained to the applicant before swearing; and that I have no interest, direct or indirect, in the prosecution of this claim. W. H. Tucker County Judge Page 004 These Blanks to be filled in by Pension Board. Claim No. ……….. Name………………………… Property……………………… Co. Com……………………… Res……………………………. Proof of War Service Witnesses P. S Burney ………………………………. ………………………………. ………………………………. Company…………………….. Regiment…………………….. Enlisted……………………… ………………………………. W. D. Record Company…………………….. Regiment…………………….. Enlisted……………………… ………………………………. Remarks ………………………………. ………………………………. ………………………………. ………………………………. Former Claim No. 8 Application No. 22837 Pensioner No. …………… Claim for Pension By James B. Avery Of Palmetto Postoffice Manatee County Late Of C.S.A. Of A Company 27 Ga Regiment Filed in Pension Department Nov. 3rd, 1925 Approved and filed in Comptroller’s Office …………………………, 19……….. With pay from…………….., 19…… At the rate of $……………..per annum ………………………………………… Secretary of Board Denied by Pension Board Feb 19 1926 T. J. Appleyard, Printer, Tallahassee, Florida Page 005 (Form D) Affidavit to be Made by a Commissioned Officer State of [Florida] Georgia} County of Morgan} Before me, a Officer in and for the County and State aforesaid, personally came P. S. Burney who being duly sworn according to law, declares that he was [a commissioned officer with the rank of…………….]in Company A 27th Ga Bataltion (sic) Regiment of the State of Georgia during the War between the States of the United States; that he was enlisted at Augusta, in the State of Georgia on the 11th day of September, 1863, [and that he was commissioned…………..in the above company and regiment on the……day of….., 186…,] and that he was honorably discharged at Greensborough N. C. on the 26 day of April, 1865, by reason of the war being over. That he personally knew J. B. Avery, who is an applicant for a pension under the Laws of Florida; that he knows that the said applicant enlisted in Company A 27th Ga Batalion (sic) Regiment of the State of Georgia; that he served faithfully until honorably discharged on the 26 day of April, 1865, on account of the war being over, at Greensborough, State of North Carolina, and that the applicant did not desert the service of the Confederate States, nor did he take the oath of allegiance to the United States before the close of the war. P. S. Burney Late…………of Company A 27th Ga Regt Sworn and subscribed before me, this 3 day of June, 1925; and I hereby certify that the above declaration was fully made known to the affiant before swearing; and that I have no interest, direct or indirect, in the foregoing for any purpose. A. H. Winters, Ordinary Morgan County, Ga. (Form E) Affidavit to be Made by Comrade State of Georgia} County of Morgan} Before me, a Officer in and for the State and County aforesaid, personally came P. S. Burney, of……………….., County of Morgan, State of Georgia who, being duly sworn according to law, declares that he is the identical person who enlisted at Augusta, in the State of Georgia on the 11th day of T. J. Appleyard, Printer, Tallahassee, Florida Page 006 September 1863, in Company A – 27 Ga Batl Regiment of the State of Georgia, which organization was regularly mustered into the service of the Confederate States of America; that he knows of his own personal knowledge that J. B. Avery enlisted in Company A-27 Ga Batl Regiment of the State of Georgia, at Augusta, in the State of Georgia on the 11 day of September, 1863; that he served faithfully in the said organization until the 26 day of April, 1865, when he was honorably discharged on account of close of war, at Greensborough, in the State of N C, and did not desert the Confederate States service nor take the oath of allegiance to the United States before the close of the War. (Here state whether the soldier was transferred to another organization, or not, and if captured or imprisoned, state when and where.) ……………………………………………………………………………………………………………………………………………………………………………………………… I know personally of the above stated service, because I served with J. B. Avery in Company A Regiment 27th of the State of Georgia, and was honorably discharged at Greensborough, in the State of N C, on the 26 day of April, 1865, by reason of close of war and I did not desert the Confederate States service nor take the oath of allegiance to the United States before the close of the War. P. S. Burney Late of Company A-27 Ga Regt. Sworn and subscribed before me this 3 day of June, 1925; and I hereby certify that the above declaration was fully made known to the affiant before swearing, and that I have no interest, direct or indirect, in the pension claim sought to be established by this declaration. A. H. Winters, Ordinary Morgan County, Ga. (Form F) Affidavit to be Made by Comrade State of…………..} County of………..} Before me, a…………………………in and for the State and County aforesaid, personally came……………………….., of……………………….County of………….., State of………………, who, being duly sworn according to law, declares that he is the identical person who enlisted at…………………., in the State of………………..on the …..day of…………….., in Company………………Regiment of the State of………., which organization was regularly mustered into the service of the Page 007 Confederate States of America; that he knows of his own personal knowledge that ……………..enlisted in Company…………………Regiment of the State of………, at …………………., in the State of…………………on the ………….day of………., 186…; that he served faithfully in the said organization until the…….day of……..,186…, when he was honorably discharged on account of…………………….., at…………., in the State of…………………, and did not resert (sic) the Confederate States service nor take the oath of allegiance to the United States before the close of the War. (Here state whether the soldier was transferred to another organization, or not, and if captured or imprisoned, state when and where.) ……………………………………………………………………………………………………………………………………………………………………………………………… I know personally of the above stated service, because I served with …………………….. in Company………..Regiment…………..of the State of………………………., and was honorably discharged at……………………, in the State of………………………., on the ………day of…………….., 186…, by reason of…………………………………., and I did not desert the Confederate States service nor take the oath of allegiance to the United States before the close of the War. P. S. Burney Late of Company…………….., ………….Regt. Sworn and subscribed before me this………..day of…………….., 192…, and I hereby certify that the above declaration was fully made known to the affiant before swearing, and that I have no interest, direct or indirect, in the pension claim sought to be established by this declaration. P. S. Burney Note – If the applicant has ever applied for a pension from this State before, he may receive the benefits of all proofs made at that time by stating when such application was made. Page 008 State Board of Pensions No. 22837 Governor. Comptroller. Treasurer. Department of Pensions, State of Florida, Tallahassee, Fla., Nov. 6th, 1925, 192….. The Adjutant-General, Washington, D. C. Dear Sir: P. S. Burney, who is witnessing a claim for a pension under the laws of Florida. Claims to have been a member of Company A, 27th Ga., Confederate States Army, and to have……………………………………………………………………………………… Please furnish me with the record of this soldier. Yours very truly, Ernest Amos, Comptroller Received Nov 9 – 1925 Old Records Divn. Received A.G.O. Nov 9, 1925 Page 009 ORD Address: “The Adjutant General, War Department, Washington, D. C.” War Department, The Adjutant General’s Office Washington, November 11, 1925. Respectfully returned to Comptroller, Department of Pensions, State of Florida, Tallahassee, Florida The records show that Patrick S. Burney, Co. B, 9th. Ga. Inf., C.S.A. (State Guards. Enlisted August 4, 1863 at Madison, Ga. Muster roll Sept. 11 to Dec. 31, 1863, shows him tranfd. To Capt. Stubb’s Co. Gerardy’s Battn. Augusta, Ga. (Co. 1, 27th. Battn. Ga. Inf.) C.S.A., date not shown, a Private. He became a member of Co. A. 27th. Battn. Ga. Inf., C.S.A., Oct. 12, 1863. Muster roll Nov. & Dec. 1864, (the latest on file) shows him present, a Private. Capture, parole or later record not found. Wm. B. Stubbs, was Captain Co. A. 27th. Battn. Ga. Inf. (also known as Augusta Guard & Augusta Arsenal Battn) C.S.A. Robert C. Davis Major General, The Adjutant General By T.C. Form No. 072-A.G.O. Page 010 State Board of Pensions No. 22837 Governor. Comptroller. Treasurer. Department of Pensions, State of Florida, Tallahassee, Fla., Nov. 6th, 1925. , 192…… The Adjutant-General, Washington, D. C. Dear Sir: James B. Avery, who is applying for a pension…..for a pension under the laws of Florida. Claims to have been a member of Company A, 27th Georgia, Confederate States Army, and to have ……………………………………………………………………………….. Please furnish me with the record of this soldier. Yours very truly, Ernest Amos, Comptroller Received Nov – 9 – 1925 Old Records Divn. Received A. G. O. Nov 9 1925 Page 011 ORD Address: “The Adjutant General, War Department, Washington, D. C.” War Department The Adjutant General’s Office, Washington, November 11, 1925. Respectfully returned to Comptroller, Department of Pensions, State of Florida, Tallahassee, Florida. The records show that James B. Avery, Co. A. 27th Battn. Ga. Inf., C.S.A., enlisted Sept. 9, 1863, at Eatonton, Ga. Muster roll Nov. & Dec. 1864 (the latest on file) shows him present, a Private. Prisoner of War records show that he was paroled at Greensboro, N.C., May 1, 1865, in accordance with terms of a Military Convention held on April 26, 1865, a Private. Robert C. Davis Major General, The Adjutant General. By T.C. Form No. 072-A.G.O. Page 012 Jan 18 1966 P O Box 277 Thonotosassa Fla State of Florida Comptrollers Office Tallahassee Fla Kind Sirs I am Doeing (sic) Family Recirch (sic) On The Hurst Family I Have a List of Soldiers in The Confederate Army From Fla By The Name of Hurst I Would Like to Have A Copy of The Information You Have On Isaac C Hurst also – 22834-R On Macon Hurst also Page 139 On Felix Hurst Thank You So Much For Past Favors Mrs Bertha C Voyles P O Box 277 Thonotosassa Fla F Hurst Page 2145 Mrs Bertha C Voyles P O Box 277 Thonotosassa Fla State of Florida Comptrollers Office Tallahassee Fla Postmark Thonotosassa FL Jan 18 1966 PM 33592 Page 013 Walter H. Tucker County Judge Manatee County Bradentown, Florida March 3rd, 1926. Hon. Ernest Amos, Tallahassee, Fla. My dear Mr. Amos: I am in receipt of your letter with reference to the residence of Mr. James B. Avery who has recently applied to the Pension Board for a pension and under the circumstances related in your letter I agree with you that the Board could do nothing also other than to decline to grant the pension. Mr. Avery stated to me that he had been a resident here since 1917 and had had no other home but if he maintained his residence in Georgia in order to draw a pension from that State I do not see how he could be heard to say that he was a resident of Florida during the same period of time. Thanking you for your explanation of this matter that I may in turn explain the situation to Mr. Avery, I beg to remain Very truly yours, W. H. Tucker WHT-HP Page 014 February 27, 1926. Mr. W: (sic) H. Tucker, Bradenton, Fla. Dear Judge: Replying to your letter of the 25th. with reference to residence of Mr. James B. Avery, will say that this applicant stated that he received pension from the State of Georgia for the year 1925. I am advised by Commissioner of Pensions of that State, Hon. John W. Clark, that when a Georgia pensioner moves out of the State he is no longer entitled to a pension. That pensioners on a visit out of the State may be absent but one year and continue to receive a pension, but similar to our law they are dropped if out longer than that period. Therefore, you will note that Mr. Avery must have been a citizen of the State of Georgia, or claimed to have been a bona fide citizen of that State during the year 1924, and to have drawn the pension for 1925 he enjoyed the privilege no doubt of being an absent resident of that period. Inasmuch as our statute requires that a pensioner be a bona fide citizen of this State for eight years before receiving a pension, under the circumstances there is no other decision that the Board can come to under the law and the facts but that Mr. Avery has not in fact been a bona fide citizen of this State for longer than one year at most. Trusting this will clear up the matter, I am, Yours very truly, Comptroller a / f Page 015 Walter H. Tucker County Judge Manatee County Bradentown, Florida February 25th, 1926. Miss Roumelle Bowen, Board of Pensions, Tallahassee, Fla. Dear Madam: Your letter addressed to Mr. James B. Avery, of Palmetto, Florida, advising him that his pension was presented to the Board and denied because he had not resided in this State the required length of time, was turned over to me by Mr. Avery with the statement that he could not understand why it should be held that he had not been a resident here for the period required by the Statutes when he has been residing at Palmetto and had that as his home and only place of residence from the year 1917. It may be that there was a mistake in his application in the date when he moved here and established his residence here but your letter does not indicate this to be true or on what theory the Board reached the conclusion that he had not been here for the required length of time. Will you please let me know how the Board reached this conclusion so I may be able to do what may be necessary in order to satisfy the Board of his residence. Thanking you for any information you may give me in this matter, I beg to remain Very truly yours, W. H. Tucker WHT-HP Page 016 State of Georgia Pension Department Atlanta John W. Clark Commissioner of Pensions November 25, 1925. Hon. Ernest Amos, Tallahassee, Fla. Dear Sir: In reply to your letter of Nov. 20th., beg to state that when a pensioner moves out of the State of Georgia, he is no longer entitled to a pension. The pensioners generally are on a visit when out of the State. They are required to be a resident of said State for one year, but may be absent one year, and continue to receive pension. Yours very truly, John W. Clark (signature) John W. Clark, Commissioner of Pensions. H. Page 017 Nov. 4th, 1925. Mr. James B. Avery, Palmetto, Florida. Dear Sir: I beg to acknowledge receipt of your application for pension, which has been filed in the Pension Department for consideration of the Board at its next meeting. You state in your application for pension to have resided in Florida since the 10th day of January, 1917, however, there is a statement from the Pension Commission of Georgia stating that you received pension in that State for 1925. The question now is does the State of Georgia pay pension to nonresidents of that State. I am today writing for information regarding how long they continue pension to persons not residing in Georgia. Yours very truly, Comptroller. /B Page 018 Xxxxxxxxxxx Roumelle Bowen Nov. 4th, 1925. Hon. N. E. Harris, Commissioner of Pensions, Atlanta, Ga. Dear Sir: I beg to advise that there is a soldier applying for pension in this State by the name of Jas. B. Avery, who claims to have been a member of Co. A, 27th Ga. Regt. A certificate is furnished by the Ordinary of Walton Co., Monroe, Ga. stating that Mr. Avery received pension from your State in 1925. Florida requires an applicant to have been a continuous bona fide citizen and resident of this State for eight years prior to filing application for pension. The question, therefore, is do you pay pension to soldiers who are not residents of your State. How long do you continue pension after the soldier becomes a resident of another State. Thanking you for your prompt attention to this matter, I am, Yours very truly, Secretary. B Page 019 Office of Ordinary Walton County G. A. Garrett, Ordinary Monroe, Ga. Georgia, Walton County. I, G A Garrett, Ordinary and ex-officio Clerk of the Court of Ordinary of said County, do hereby certify that J B Avery was a citizen of this County, and said State, and has been on the service Pension Roll of said State for a number of years, and that he is the same man that is now making an application for a pension in the State of Florida. And has also drawn his pension from this State for 1925. Given under my hand and seal of office. G A Garrett This June 2nd, 1925. Additional Comments: NOTE: Words in [] are lined through in original. File at: http://files.usgwarchives.net/fl/manatee/military/civilwar/pensions/avery583gmt.txt This file has been created by a form at http://www.genrecords.org/flfiles/ File size: 20.0 Kb