Montague County, TX - Pension Application of Mrs. M. A. Foster (Mary Ann Foster, widow of John Emsley Foster of Wise Co., TX) Contributed for use in the archives by Lynn Wright ****************************************************** Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm ****************************************************** Reproduced from the holdings of the Texas State Archives, Pension application #32582. Name of Applicant: Mrs. M.A. Foster Montague Co, Post Office - Sunset, Rt 4 Filed: March 16, 1916 Approved: March 17, 1916 Pension allowed from March 1, 1916 /s/ J.C. Jones, Commissioner of Pensions ++++++++++++++++++++++++++++ Form B For Use of Widows of Soldiers who are in Indigent Circumstances The State of Texas County of Montague I, Mrs. M.A. Foster, do hereby make application to the Commissioner of Pensions for a pension, to be granted me under the Act passed by the Thirty-third Legislature of the State of Texas, and approved April 7, A.D. 1913, on the following grounds: I am the widow of John Emsley Foster, deceased, who departed this life on 18th day of Jan, A.D. 1900, in the county of Cook, in the State of Texas. I have not remarried since the death of my said husband, and I do solemnly swear that I was never divorced from my said husband, and that I never voluntarily abandoned him during his life, but remained his true, faithful and lawful wife up to the date of his death. I was married to him on the 2nd day of July, A.D. 1866, in the county of Wise, in the State of Texas. My husband, the said John Emsley Foster enlisted and served in the military service of the Confederate States during the war between the State of the United States, and that he did not desert the Confederate Service, I have been a resident of the State of Texas since prior to January 1, AD. 1900, and have been continuously since a citizen of the State of Texas. I do further state that I do not receive from any source whatever money or other means of support amounting in value to the sum of $300 per annum, nor do I own in my own right, nor does anyone hold in trust for my benefit or use, estate or property, either real, personal or mixed, either in fee or for life, of the value of one thousand dollars, exclusive of the home of the value of not over $1,000.00; nor do I receive any aid or pension from any other State, or from the United States, or from any other source, and I do further state that the answers given to the following questions are true: 1. What is your age? 70 years 2. Where were you born? Texas 3. How long have you resided in the State of Texas? All of life 4. How long have you resided in the county of your present residence? And what is your post office address? 8 years, Sunset, TX, R#4 5. Did your husband draw a pension? If so, give his file number. No 6. What was your husband's full name? John Emsley Foster 7. What was the date of his death? Jan 18, 1900 8. In what State was your husband's command originally organized? Texas 9. How long did your husband serve? If known to you give date of enlistment and discharge 3 years, 1862-1865 10. What was the name or letter of the company or number of the battalion, regiment or battery of artillery in which your husband served? If he was transferred from one branch of service to another, give time of transfer, description of command and time of service Don't know letter of Company, Capt Martin, Lt Bumpus. 11. Name branch of service in which your husband served, whether infantry, cavalry, artillery, or the navy, or if commissioned as an officer by the President, his rank and line of duty, or if detailed for special service, under the law of conscription, the nature of such service, and time of service. Cavalry 12. Have you transferred to others any property of any kind for the purpose of becoming a beneficiary under this law? No Wherefore your petitioner prays that her application for a pension may be approved and such other proceedings be had in the premises as are required by law. (Signature of applicant) Mrs. M.A. (X her mark) Foster Sworn to and subscribed before me, this 11th day of Feb (written above is the word March), A.D. 1916 Homer B. Latham County Judge, Montague County, TX ++++++++++++++++++++++++++ AFFIDAVIT OF WITNESSES {Note - there must be at least two creditable witnesses.] THE STATE OF TEXAS } COUNTY OF WISE } Before me, J.W. Walker, Judge for Wise County, State of Texas, on this day personally appeared Thos J. Dillehay & J.D. McDonnell, who are personally known to me to be creditable citizens, who, being by me duly sworn, on oath state that they personally know that Mrs. M.A. Foster, applicant for a pension as the widow of John Emsley Foster deceased, is in truth and fact the widow of John Emsley Foster deceased; that they personally know that she has not remarried since the death of her husband, for whose service in the army she claims a pension, and that they have no interest in this claim. (Signature of Witness) Thos J. Dillehay (Signature of Witness) J. D. McDonnell Sworn to and subscribed before me, this 24th day of Feb, A.D., 1916 /s/ J.W. Walker County Judge, Wise Co., TX +++++++++++++++++++++++ AFFIDAVIT OF WITNESSES THE STATE OF TEXAS } County of WISE } Before me, J.W. Walker, County Judge of Wise County, State of Texas, on this day personally appeared L.E. Lackey & J. E. Lackey, who are personally known to me to be creditable citizens, who, being by me duly sworn, on oath state that they personally know the above named applicant for pension, and that they personally know that the said M.A. Foster has been a bona fide resident citizen of the State of Texas since prior to January 1, A.D., 1900, and that they have no interest in this claim. (Signature of Witness) L.E. Lackey (Signature of Witness) J.E. Lackey Sworn to and subscribed before me this 24 day of February, A.D., 1916 /s/ J.W. Walker County Judge, Wise Co., TX +++++++++++++++++++++++ AFFIDAVIT OF WITNESSES (If possible, the two witnesses should have served with the applicant's husband in the army, and if so, let them, or either of them, state it in their oath; also any information regarding the army service of applicant's husband} THE STATE OF TEXAS } County of Wise } Before me J.W. Walker, County Judge of Wise County, State of Texas, on this day personally appeared John A. Wasson, who personally known to me to be creditable citizen, who being by me sworn, on oath state that he is personally acquainted with the foregoing applicant, and that the facts set forth and statements made in her application are correct and true, to the best of their knowledge and belief, and that they have no interest in this claim. And further make oath to the following facts touching the service of the applicant's husband in the Confederate Army; (State fully your source of knowledge): I was will acquanted with the applicant. We belong to the same company in the armey our company captin was Hanes Company D mad up at Maciney Texas Oct 1 - 1863. I served with for one year we was in two fights to gether first cabin creek and Honey Spring I got my horse shot from under me John E. Foster was a good and brave soldier all of the time. (Signature of Witness) J. A. Wasson Sworn to and subscribed before me, this 24 day of Feb A.D., 1916 /s/ J. W. Walker County Judge Wise County, Texas ++++++++++++++++++++++++++ CERTIFICATE OF STATE AND COUNTY ASSESSOR I, J.P. Hathcock, State and County Assessor in the County of Montague, State of Texas, do certify that Mrs. M.A. Foster whose name is signed to the foregoing application for a pension, under the Act of the Thirty-third Legislature, approved April 7, 1913, is charged on the tax rolls of said country with a homestead of the value of nothing dollars, and of other property, real or personal, or both, of the value of nothing dollars. Given under my hand, this 14th day of March A.D., 1916 /s/ H.J. McClellan, Deputy /s/ J.P. Hathcock State and County Assessor ++++++++++++++++++++++++++++ The following letter is from the War Department, The Adjutant General's Office, Washington. Dated Feb 1, 1916, with a supposed serial number of 2364825. Mr. W[allace]. Parkhill Route No. 4 Sunset, TX Sir: Referring to your application for the record of John Emsley Foster as a member of a Confederate Army organization in which Lieutenant Bumpus and Captain Martin rendered service, I have the honor to inform you that a record has been found that presumably refers to the man mention by you, and that this record has this day been furnished to the Commissioner of Pensions, State of Texas, with whom all further correspondence relating to the matter should be conducted. It is deemed proper to add that under the rules of this Department information from the official records cannot be furnished for use in the prosecution of a claim for pension. Nor it is necessary that such information should be furnished for that purpose, because all the data afforded by the official records in this Department that may have a bearing upon any such claim are always furnished, upon his request therefore, to the official charged by law with the adjudication of the claim. No possible hardship can result from the operation of this rule, because all that is necessary for a claimant for pension to do is to make his claim to the official charged by law with the adjudication of the claim in accordance with his own knowledge of the facts and to furnish such testimony as he may be called upon to furnish, being assured that all the information afforded by the official records in the War Department that has a bearing upon the claim will be promptly furnished to that official upon his request therefore. Very respectfully, Signature illegible The Adjutant General +++++++++++++++++++++++++++++++++ The following letter was handwritten and is included in the file. R4 Sunset Texas March 13/16 Hon. Jones, Commisiones of Pensions Kind sir, I am sending you Mrs. Mary A. Foster's application for a pension which she has at last succeeded in the finding of two old soldiers who personally knew Mr. John Emsley Foster and served with him in the war. With the signatures of three (3) county judges signed thereon. Homer B. Latham - Montague Co. J.W. Walker - Wise Co. H.L. Davis - Collin Co. All these witnesses live in Decatur Texas except one. Mr. T.J. Ccloyd who lives in McKinney Texas. Mrs. Foster has done all in her power to get the witnesses according to the application requirements, and now presents it to you as required. I have done all I could for her and would like very much to see her get a pension as she needs it so badly. I am sending you all my letters that you can see every course I have taken in the matter and wishing you much success, I am your friend. W. Parkhill Sunset, TX R4 +++++++++++++++++++++++++++++ Another hand written letter in the file. Sunset, Texas Jan 26/16 The Adj. Gen. Kind Sir I have wrote Mr. Jones, Pension Com. At Austin, Texas and my letter to him and his reply is enclosed. Please examine this letter of mine and write me at once if you have on the rolls of confederate soldiers Mr. John Emsley Foster. Mr J.E. Foster served the 3 last years of the civil war. Martin was his Capt, Bunfoos(sic) his Lieutenant. Please write me and tell me how she his widow will have to do to get a pension. She has never been married since Mr. J.E. Foster's death. Write me at Sunset, Texas Route 4. W. Parkhill +++++++++++++++++++++++++++++ This is a typed letter and is undated….. This letter with a previous letter has been forwarded to us from Washington D.C. and will ask that you make application before the County Judge and let the application take its regular course, we will get the war records after you have secured the two witnesses who served with the applicant. Commissioner of Pensions Austin, Texas +++++++++++++++++++++++++++++ Another hand written letter Sunset, Texas Jan 18/15 Mr. Jones Pension Com. Dear sir, I will write you for some information. Please tell me if you have any record of Mr. J.E. John Emsley Foster of the rolls of confederate soldiers. Mr. Foster served about 3 years and was in the army all of this except on one furlough. Martin was his captain and Bumpus his Lieutenant. He is dead [and] and his widow is almost destitute and unable to do her work. She has nothing to depend on to make a living. She had his honorable discharge, took it to the county judge of Clay Co, he has lost this Hon. Discharge. Please write me if she can get a pension and how she will have to do to get it tell me all the peticulars so I can help her all I can. I will wait until I hear from you before I proceed. Sincerely yours, W. Parkhill ++++++++++++++++++++++++++++++ Jan 31, 1916 Adjutant Generals Office War Department We have no Confederate Records of any one, the records all are now in the hands of the Adj. General, at Washington, D.C. if you will communicate with him, it is possible that he can give you the desired information. Commissioner of Pensions +++++++++++++++++++++++++++++ Hand written letter … Affiant T.J. Cloyd says that was well acquainted with the said John E. Foster, first knew him on July 5, 1862, at the time he joined D.C. Haynes Company K, Martin's Regiment 5, Texas, Partisan Rangers, and served with him in said company until the close of the war. Affiant says that the said John E. Foster made a good soldier in said war. Affiant says he and the said John E. Foster said company and were sworn in on the same day to wit: 5th Day of July 1862 at McKinney, Texas. This said John E. Foster was the only John E. Foster that belonged to said Haynes company. I have the musters in my possession of said company. Subscribed and sworn before me this the 11 day of March 1916. /s/ T.J. Cloyd /s/ H.L Davis (?) County Judge, Collin County, Texas +++++++++++++++++++++++++++++++ There is a card in the file with the following information: 2364825 (Pension number) War Department The Adjutant General's Office Washington February 1, 1916 Respectfully forwarded to the Commissioner of Pensions, State of Texas, Austin. The official records show that one John E. Foster, who may or may not be identical with the man referred to within, served as a private in Company K, Martin's Texas Cavalry, which organization was formerly known as Captain L.M. Martin's company, of which one Lieutenant Bumpass was an officer. It is stated on the records that the said Foster was 32 years of age and enlisted in the organization July 5, 1862, at McKinney, Texas. On a roll of the company dated June 30, 1863, last roll of the organization on file, he was reported as present for duty. No later record of him has been found. /s/ signature illegible The Adjutant General One inclosure ++++++++++++++++++++++ APPLICATION FOR MORTUARY WARRANT THE STATE OF TEXAS } COUNTY OF CLAY } I, Mrs W. Parkhill do hereby certify that I am the person to whom is entrusted the paying of the accounts and indebtedness of the late Mrs. Mary A. Foster, who was a pensioner of the State of Texas, and whose file number is 32682 and whose original county was Montague. The said pensioner, Mrs. M.A. Foster, died on the 19th day of December, 1933, in the town of Bellevue, Texas, county of Clay, Texas. The pensioner died in the home of Mrs. W. Parkhill who was related to the pensioner as daughter. That warrant, which application is hereby made for, shall be applied to paying all or part of the funeral expenses incurred by the said pensioner, Mary A. Foster. I further certify that the warrant for the current quarter has not been cased by the pensioner, to the best of my knowledge and belief. I am related to the pensioner as (daughter) and that my postoffice address is Bellevue, Texas. /s/ Mrs. W. Parkhill Sworn to before me this 6th day of Jany 1934 /s/ L B Mosie Notary Public in and for Clay, State of Texas CERTIFICATE OF UNDERTAKER I, J.F. Wetsel, do certify that I am undertaker in the town of Belleview, County of Clay, State of Texas and that I had charge of the body of M.A. Foster, who died in the town of Bellevue, County of Clay, State of Texas on the 19th day of December 1933. That said body was prepared for burial by me on 20th day of December 1933, and that I am of the opinion that warrant herein applied for should be issued to the said Mrs. W. Parkhill who makes the foregoing application. CERTIFICATE OF PHYSICIAN I, D.W. Holmes, do certify that I am a practicing physician, and that I attended Mrs. Mary A. Foster in her last illness, and am of the opinion that her ailments were Senility. I further certify that I am of the opinion that the Mortuary Warrant above requested should be issued in the name of the aforementioned applicant, in accordance with Act passed by the Thirty-eighth Legislature and approved March 2, 1923. /s/ D.W. Holmes Bellevue, Texas December 29, 1933 +++++++++++++++++++++++++++ This concludes all the information that is contained in the pension file 32582 applied for by Mary Ann Foster in 1916.