Richmond County GaArchives Military Records.....James Crabtree June 3 1833 Revwar - Pension Virginia Line ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Candace Gravelle http://www.genrecords.net/emailregistry/vols/00023.html#0005680 August 25, 2003, 8:28 pm CRABTREE, JAMES, RWS, VA Line, Pension S32195 Extracted by Mary Lu Nelson Johnson Contributed by: Mary Lu Nelson Johnson 3 June 1833, Washington Co, ILL, Declaration of applicant of said county and state states he is age 72, born in New London, Bedford County, Virginia “in the year 62”, record of his age is destroyed. Resided in Washington Co., VA at the Big Salt Lick at time of both tours. Removed after the war in ‘85 to West Tennessee about 25 miles above Nashville [Grandson Mark Crabtree’s Mexican War pension app states he was born in Jackson Co, TN 1821 – mlj]; then after about 24 years [c1809] to the State of Illinois, now living Washington Co, IL. Volunteered under Capt Robert Tremble; Brigadier General Wm Campbell about May 1776, served as Ranger for term of three months in the State of Virginia, defending & guarding the frontier settlements, marched thro the upper part of Virginia. A Mr. C. Cain was Lieutenant and Mr. Simms was sergeant; received no discharge. Drafted following year for another three months tour under Wm. Bowen, Brig. Gen. Wm Campbell; served this tour also in Virginia, and marched to Kings mountain. Battle of King’s Mountain was during this tour, but he being left to take care of the sick was not in the Battle. Capt Bowen was killed in said Battle, and on that account he supposes he got no written discharge. James [his X mark] Crabtree Affidavit to character, Vincentt Fisher, Clergyman and James Short, both of Wash Co, IL; [both signed]. 17 December 1833, Washington Co, ILL, Cert of Pension #22741 issued for service as Private in the company commanded by Capt. Tremble in the Virginia Line; certificate sent to Hon. Z. Casey, House of Rept. Arrears on 4 Sep 1833 of $50.00; semi-annual allowance of $10.00. Age 72 at this date. Served 3 months from May 1776 as Private under Capt. Tremble; 3 months from 1777 under Capt. Bowen. Lived Washington Co, VA. Senate Chambers September 1837 Received from the Commissioners of the General Land Office, certificates No. 10138, 10139, 10140, 10141, 10142, 10143, 10144 in the name of Sarah Elbert, Eliza Muse, Catharine Kerr, Elizabeth Holt and Harriet A. Elbert, the only heirs at law of Samuel Elbert in heir of U.S. Warrant No. 1230 for 500 acres. Jno. P. King 1436 July 6, 1837 Judge M. Bischard S L Office Sir, Scrip is claimed on a Warrant for 500 acres granted by the U.S. The heirs are Sarah Elbert, Eliza Muse, Catharine Kerr and Elizabeth E. Holt. These four heirs I think are entitled to the Scrip. I respectfully request you to say whether in your opinion Harriet A. Elbert, the widow of Samuel L. Elbert is entitled to a part of this claim? The evidence of heirship is evidenced together with the Warrant. Most Respectfully, J.W.Kelley 6 July 1837. Attachment: July 5, 1837 I sent for your inspection the proof of heirship filed in the case of Col. Samuel Elbert. Real and personal estates are considered by the Statues of Georgia of the same nature and placed on the same footing in regard to descents only so far as the widow is concerned. If there be a widow and child or children, they take equal shares unless the widow shall prefer her dower, in which case she has nothing further of the real estate, but nevertheless received a child's part out of the personal estate. If there be a widow and no child or representative of the children then the widow takes a moriety? of the estate and the other moriety ? goes to the next of kin of the intestates in equal degrees and their representatives. The widow by statute is obliged within 12 months after the death of her husband to make her election, whether she will take a child's part of the real estate or her dower: if she makes no such election it is considered as taking her dower. If she takes dower, which is perhaps the position in which Mrs. Harriet A. Elbert stands it is but a life estate; if she took a child's part, it is at her disposition by deed or will. Wm. Gordon July 5, 1837 If your endorsement on the back of this letter in relation to Warrant No. 2091 is extended as an inquiry, I would state that I have examined this proof of heirship and find it duly authenticated. W.G. July 1, 1837 Wm. Gordon, By Law Offices W. Dept. Sarah Elbert daughter of Samuel Elbert, and Eliza Muse, Catharine Kerr and Elizabeth E. Holt grandchildren of the late Samuel Elbert. Dear Sir, I concur the four heirs above named entitled to the Scrip on the Warrant enclosed as evidence of heirship. Would in your opinion Harriet A. Elbert, the widow of Samuel L. Elbert be entitled to a share in this Warrant? Yours ??, J.W. Kelley 1 July 1837 August 1834 State of New York, City of New York Know all men by these presents that I, Harriet Ann Elbert, widow of Samuel Elbert and one of the heirs at law of General Samuel Elbert who was a Brigadier General of the State of Georgia and the Continental Establishment in the Revolutionary War do hereby constitute, nominiate and appoint John Kerr and David Thompson or either of them my true and lawful attorney to prosecute any claim to land or money that may be due from the State of Georgia and the United States or either on account of the Revolutionary Service of General Samuel Elbert deceased and to demand and receive from the proper offices in Milledgeville, Georgia and Washington City any land Warrant or Warrants so due and to surrender them at the General Land Office in order to obtain Certificates of Scrip in lieu thereof, which is he is authorized to accure, sell and assign or if said Warraant be already surrendered then to demand and receive the Certificates and to sell and assign the same. If no Scrip can be obtained he is authorized to receive the Warrants which may have been surrendered and to locate or sell the same as he may think best. Said attorney is also authorized to prosecute by suit or petition and to demand and receive from the State of Georgia and the United States any half pay or commutation and interest that may be due particularly under the Act of Congress of the fifth of July 1832 and to substitute and appoint one or more attorneys under him with a general or special authority to do all he is permitted to do and make the same at pleasure. I hereby certify and confirm whatever said attorney or his attorneys may lawfully do. As witnessed my hand and seal this fourth day of August 1834, signed, sealed and delivered, Harriet Ann Elbert United States of America, City of New York; Be it known that on the fourth day of August One Thousand Eight Hundred and Thirty Four before me James R. Whiting a Public Notary in and for the State of New York, duly commissioned and sworn, dwelling in the City of New York, personally came Harriet Ann Elbert, proved to my satisfaction to be the person described in and who executed the within power of Attorney by the Oath of David Leabury the subscribing witness thereto to me personally known who testified that he knew her to be such person and the said Harriet Ann Elbert acknowledged the within letter of Attorney to her act and deed. In testimony whereof I have hereto set my name and affixed my seal of Office this day and year above written. James R. Whiting, Notary Public October 1835 State of Virginia, County of Hariss. Know all men by these presents that we, Lewis Muse and his wife Eliza Muse formerly Eliza Burke, citizens of Hariss. County and State of Virginia, one of the heirs at law of Gen'l Samuel Elbert deceased, to hereby constitute, nominate and appoint David Thompson and John Kerr our true and lawful attorney to prosecute any claims to land or money that may be due from the State of Georgia and the United States or either on account of the Revolutionary Services of Brigadier Gen'l Samuel Elbert deceased and to demand and receive from the proper offices in Georgia and Washington City and Land Warrant or Warrants so due and to surrender them at the General Land Office in order to obtain Certificates of Scrip in lieu theeof, which he is ahtorized to receive, sell and assign, or if said Warrants be already surrendered, then to demand and receive the Certificates and to sell and assign the same......under the Act of Congress of the fifth of July 1832....We hereby ratify and confirm whatever said attorney or his attorneys may lawfully do in the premises. As witness our hand and seal this 10th day of October 1835. Witness: T. Burdett, J.P. Lewis L. Muse, ELiza M. Muse September 2, 1854 To: John Wilson Commissioner, General Land Office, Augusta GA From: Samuel Elbert Kerr Sir, enclosed certain papers in reference to the case of the heirs of J. Kerr. Dear Sir, Enclosed you will please find all the papers which you deemed requisite in your favor of 19th inst. in order to make the proper endorsements so that this suit will be received at the land office without objection. The Scrip is still the property of the heirs of J. and A. Kerr and they wish to locate and W.E. Boswell of Memphis Tennessee is the agent to locate for them. I hope all the papers will prove satisfactory to you and that you will reply at your earliest convenience. I remain respectully yours, Sam'l Elbert Kerr Aug 26, 1854 State of Georgia, Richmond County Personally appeared before me John H. Spencer a Justice of the Peace in and for State and County aforesaid duly commissioned and sworn, James Hope who being duly sowrn deposeth and saith, "That Andrew Kerr late of Tunica County, Mississippi now deceased was at the time of his death the true and lawful owner of land Scrip hereto annexed numbered 10139 and 10141 originally issued to the heirs at law of Samuel Elbert and that the said Andrew Kerr during his lifetime stated to him the said James Hope that the said Scrip had been assigned by him the said Andrew, but the the purchaser could not have the said Scrip received at the land office because there did not appear to be any authority for John Kerr to sign the names of Muse and wife and Harriet Elbert as their attorney in the assignment from the heirs to Andrew Kerr. That the said Andrew Kerr thereupon refunded the purchase money and received back the Scrip. James Hope Sworn to and subscribed before me this 26th day of August 1854. John H. Spencer, J.P. August 18, 1854 State of Georgia, County of Richmond Know all men by these presents that we, John Kerr, James Collier, Henry Rossignol and James Hope are held and firmly bound unto the President of the United States for the time being and his successors in office in the sum of three hundred dollars for payment of which we bind ourselves, our heirs, executors and administrators. The condition of the above obligation is such that whereas Andrew Kerr, late of Tunica County and State of Mississippi was at the time of his death seized and possessed of certain land Scrip numberd ten thousand one hundred and thirty nine 10139 and ten thousand one hundred and forty one 10141, originally issued to the heirs at law of Samuel Elbert and by them transferred to said Andrew and there appeares an endorsement on said scrip from said Andrew to me N.R? Cole but the name of said Cole is erased and whereas the said Scrip is now claimed by the heirs at law of said Andrew Kerr to wit: Samuel Kerr of Rowan County, North Carolina, John Kerr, James G. Collier and Mary E. Collier his wife, Henry Rossignol and Harriet A. Rossignol his wife and Catharine C. Wilson of Augusta Georgia, and whereas the Commissioners of the General Land Office at Washington has made endorsements on said Scrip by means whereof said scrip has become available to the said heirs of Andrew Kerr and yet by possibility the said Scrip may be claimed by the said Cole or his representatives. Now therefore if the said Cole or his representatives should hereafter establish his or their claim to said Scrip to the detriment of the United Sttes, then this obligation to remain in full force else to be null and void and of no effect. Subscribed with our hands and sealed with our seals this twenty nighth day of August, eighteen hundred and fifty four. John Kerr, James G. Collins, H. Rossignol, James Hope. August 28, 1854 State of Georgia, Richmond County Before me Leon P. Dugal Ordinary in and for the State and County aforesaid having Probate jurisdiction, personally came James Hope who being sworn deposeth and saith that Samuel Kerr of Rowan County North Carolina, John Kerr, James G. Colllier and Mary E Collier his wife, Henry Rossignol and Harriet A. Rossignol his wife and Catharine C. Wilson of Augusta Georgia are all well known to him and the said James and that they are the only heirs at law of Andrew Kerr late of Tunica County, Mississippi, deceased. sworn to and subcribed this 28th day of August 1854. James Hope August 1854 Rowan County, North Carolina Probate Court, August Term 1854 Last Will and Testament of Samuel Kerr I, Samuel Kerr of Rowan County, North Carolina do make and declare this to be my last Will and Testament,,, Item 1. I desire all my just debts and liabilities paid as soon after my decease as will be convenient for my representatives... Item 2. I give and bequeath to my nephew Samuel E. Kerr and to the three children of Wm. H. Kerr my half of the plantation lying in the County of Tunica, State of Mississippi consisting of about thirty six hundred acres and known by the name of Peyton with all the ??? stock and other property of every kind and denomination whatsoever that my be on it at the time of my decease. One half of said interest of mine to Samuel E. Kerr and the other half to the said three children of Wm. H. Kerr, them, their heirs and assigns forever. And I hereby appoint my neice Mrs. Mary E. Gardner trustee of all the property and estate hereby willed to Samuel E. Kerr and to Wm. H Kerr, their children, to hold the title to the same and every part thereof for their use and benefit. Item 3. I give and bequeath to Mary E. Gardner my neice all my interest in the lands in the County of Shelby in the State of Tennessee near the city of Memphis, known as the Memphis Lands, and also a lot in Memphis situated at the corner of Hernando and Vance Sts., to her and her heirs and assigns forever. Item 4. I give and bequeath to my neice Mary Collier of the City of Augusta, Georgia twenty nine Mississippi and Tennessee Railroad Bonds, bearing interest at the rate of ten per cent per annum; also twenty five thousand dollars in Confederate Eight percent Bond to be hers, for her sole and separate use and benefit, free and discharge from the control of her husband and not to be in any way liable for any debt or contract of her husband, but to be hers and after her death to go to her children or the representatives of her children and to fully carry out the intention of his legacy, I hereby constitute and appoint Dr. Henry Rossignol trustee of all the property conveyed in this item of my will as well as any other property that I may convey to the said Mary Collier in any subsequent part of this Will. Item V. I hereby give and bequeath to my neice Harriet A. Rossignol twenty seven percent Mississippi and tennessee Rail Road Bonds and also twenty five thousand dollars in Confederate Bonds to her and her heirs and assigns forever. Item VI. I give and bequeath to my neive Kate E. Barnes the platnation which I live situated in the County of Rowan and State of North Carolina together with all the slaves, stock of all kinds, the household and kitchen furniture and all my silver plate and silver ware and all articles of peoperty of every kind and denomination that may be on my said plantation or belong thereto at my decease. And I also give to her all my stock in the North Carolina Rail Road Company. Item VII. I give and bequeath all my stock in the Fire Insurance and Baking Company in the City of Augusta, Georgia to Mary Collier, Harriet A. Rossignol and Kate C. Barnes my three neices, jointly and equally and I also give to them all my interest in the lands in Obion County, Tennessee, the interest going to Mary Collier to vest in the Trustee heretofore appointed for her. Item VIII. I give and bequeath to my little grandnephew Samuel K. Rossignol son of my neicce Harriet A. Rossignol forty seven hundred dollars in the stock of the Bank of the State of North Carolina being all the Stock I possess in said Bank. Item IX. I give and bequeath to the trustees, deacon or other officers of Thyatera ? Church in Rowan County who have charge of her financial affairs, the sum of Five Thousand Dollars to be paid by ny neice Kate C. Barnes at her convenience this sum to be placed at interest and the income therefrom as it annually accrues, shall be used in repairing and improving the buildings or grounds as such repairs and improvements may be necessary but in no event shall the income from this legacy or any part thereof be used in payment of the salary of the Pastor. Item X. I give and bequeath all my bonds and certificates, notes and money not heretofore disposed of, to my neive Kate C. Barnes. And lastly, I hereby nominate and appoint Dr. Henry Rossignol and Kate C. Barnes, Executor and Executrix of this my Last Will and Testament. Samuel Kerr Signed, sealed and declared to be the last Will and Testament of Samuel Kerr in presence of J.J. Summerville, John M. McConnaghey. State of North Carolina, Rowan County Court of Pleas August Term 1865 I, John M. Horan, Clerk of the Superior Court ex officio, Judge of Probate in an for county and state aforesaid do hereby certify that the foregoing is a true copy of the Last Will and Testament of Sam's Kerr, Dec'd, and of the record of the Court of Pleas Quarter Session of Rowan County of August Term A.D. 1865 of the probate of thes said Will and the appointments of the Executors thereof. Witness my hand and official seal this 25th day of August A.D. 1865 ?? J.M. Horah, Clerk of Superior Court and Probate. September 1879 State of Georgia, County of Richmond I, Anderson W. Walton Ordinary of the County foresaid do hereby certify that Addie C. Bothwell is well kown to me and that she is the only surviving child and heir at law of Mary E. Collier late of the said county of Richmond, deceased and that the said Mary E. Collier was well known to me as a niece of John and Andrew Kerr, both now deceased. In witness whereof I have hereunto set my hand and affixed the seal of my office this six day of Sepember 1879. A. N. Walton, Ordinary This file has been created by a form at http://www.poppet.org/gafiles/ File size: 19.0 Kb