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Legal documents for Matthias Davis and wife Jane Van Kirk Davis

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Declaration for Widow's Army Pension

State of Indiana, County of Decatur. On this 17th day of December, A. D. one thousand eight hundred and sixty two, personally appeared before me Clerk of the Decatur Circuit Court within and for the County and State aforesaid, Mrs. Jane Davis, a resident of - near Napolean, in the County of Ripley and the State of Indiana, aged nineteen years, who being first duly sworn according to law, doth, on her oath, make the following declaration , in order to obtain the benefit of the provision made by the act of Congress, approved July 14, 1862: That she is the widow of Matthias Davis who enlisted in the service of the United States at Milford, Decatur County, Indiana as a private in Company D, commanded by Captain Merit C. Welsh in the Seventh Regiment of Indiana Volunteer Infantry in the war of 1861, who departed this life at Cumberland in the State of Maryland on the 13th day of March 1862 of Lung fever and Measles; The said Matthias Davis being at the time of his death a Soldier in the Army as aforesaid. She further declares that she was married to the said Matthias Davis on the 25th day of March in the year 1860; that her husband, the aforesaid Matthias Davis, died on the day above mentioned, and that she has remained a widow ever since that period, as will more fully appear by reference to the proof hereto annexed; that the names and ages of her children under sixteen years of age, at her husband's decease, and the place of their residence is as follows: John Davis aged Two years, her only child, who resides with her near Napoleon, Decatur County, Indiana. She also declares that she has not in any manner been engaged in or aided or abetted the rebellion in the United States. She hereby appoints William Van Kirk of Napoleon, County of Ripley, State of Indiana, her true and lawful Attorney, with full power of substitution to prosecute for pension, and to receive this certificate to be issued therefor.

Signature: Jane (X - her mark) Davis

Also personally appeared Jacob Keen sand Martha Jane Davis residents of Decatur and Bartholomew Counties of Indiana whom I can certify to be respectable and entitled to credit, and who, being by me first duly sworn, say they were present and saw Mrs. Jane Davis sign her name by making her mark to the foregoing declaration and Power of Attorney; and they further swear, that they have every reason to believe, from the appearance of the applicant, and their acquaintance with her, that she is the identical person she represents herself to be, and that we were acquainted with the decedent prior to the death and we believe the applicant entitled to the pension she hereby applies for, and that they have no interest in the prosecution of this claim.

Jacob Keen
Martha Jane Davis

Sworn to and subscribed before me this 17th day of December A. D. 1862; and I hereby certify that I have no interest direct or indirect in the prosecution of this claim.

Witnefs my hand and the Seal of Said Decatur Circuit Court at Greensburgh this date above written.

Richard C. Talbott, Clerk
Decatur Circuit Court

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Adjutant General's Office,
Washington D. C.
January 30, 1963

Sir:

I have the honor to acknowledge the receipt from your Office of application for Pension No. 9080, and to return it herewith, with such information as is furnished by the files of this Office.

It appears from the Rolls on file in this Office, that Matthias Davis was enrolled on the 20th day of August, 1861, at Milford, Ind. in Co. "D", 7th Regiment of Indiana Volunteers, to serve during the war, No evidence of his muster in. Muster in Rolls of 7th Regiment of Indiana Volunteers, not on file. On the Muster Roll of Co. "D" of that Regiment, for the months of March & April, 1862, he is reported as a Private and died at Fort Hospital, Cumberland, Md March 15th, 1862, of Measles.

I am, Sir, very respectfully,
Your obedient servant,
Sam ___?___
Assistant Adjutant General

The Commissioner of Pensions, Washington D. C.
Memoranda
Name of applicant, Jane Davis, Address near Napoleon, Ripley Co., Indiana

_____________________

.....of Minor Children

State of Indiana, County of Ripley}ss;

On this 17th day of November, 1866, personally appeared before me, a Justice of the Peace in and for the County and State aforesaid, Jamie Hicks, of Ripley, in the County of Ripley and State of Indiana personally known to me, who, being duly sworn according to law, declares that his age is 65 years; and that he is well acquainted with Jane Davis, who was the wife of Mathis Davis; late of the 7th Regiment Indiana Volunteers, and that he was present at the birth of the following children of said Jane Davis and Mathias Davis of the time and place as follows; to=wit; one child a mail child Named John Davis was born in Jackson township in Ripley County, Indiana on January the 5th (?) 1861 and that he acted at the time in the capacity of Accoucher, and that he has no interest in the prosecution of the claim for pension this affidavit is sought to establish.

Signature, Samuel Hicks, M. D.

When signed by mark, two persons must sign as witness to marks.

Johnson Myers
M. Amos Ellis (?)

Sworn to and subscribed before me, this 17th day of November, 1866' and I hereby certify that the contents of the foregoing affidavit were made known to the affiant before authentication; and that I have no interest, direct or indirect, in the prosecution of the claim this affidavit is sought to establish.

Official signature Johnson Myers
Justice of the Peace

I certify, that Johnson Myers before whom the foregoing declaration and affidavit were made, is a Justice of the Peace duly authorized to administer oaths, and that the above is his signature.

In witness whereof, I have hereunto set my hand and official seal, this 20th day of Nov, 1866.
Washington M. Duby (?)
Clerk of the Ripley Circuit Court

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State of Indiana, County of Ripley} ss;

I, Johnson Myers, a Justice of the Peace in and for the County and State aforesaid, do hereby certify that Samuel Hicks and Ann Ellis, whose affidavit was made before me in regard to the birth of the child of Jane Davis widow of Matthias Davis, to be used in her claim for increase of pension, is respectable and entitled to credit.

Given under my hand and seal of office, this 30th day of March, 1867,
Johnson Myers, J. P. (seal)

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Marriage License and Clerk's Report used in Procuring Pensions.

James H. Trisler to Mrs. Jane Davis} Be it remembered, that heretofore, to-wit: on the 4th day of Dec., A. D., 1869, the following marriage License was issued, to-wit: Indiana, to-wit: Ripley County, ss:

TO ALL WHO SHALL SEE THESE PRESENTS, GREETING;

Know Ye, That any person empowered by law to solemnize marriage is hereby authorized to join together as Husband and Wife, James H. Trisler and Mrs. Jane Davis and for so doing this shall be his sufficient authority.

In Testimony Whereof, I, John H. Smith, Clerk of the Ripley circuit Court, hereunto subscribe my name, and affix the Seal of said Court, at Versailles, this 4th day of Dec. 1869.

John H. Smith, Clark.

Be further remembered, that afterwards, to-wit: on the 6th day of December, 1869, the following Certificate of Marriage was filed in my office, to-wit:
Indiana, to-wit: Ripley County, ss:

This certifies that I joined in Marriage, as Husband and wife, James H. Trisler and Mrs. Jane Davis on the 4th day of Dec, 1869.

William H. Tyson, J. P.

State of Indiana, Ripley County} ss.

I, S. M. Smith, Clerk of the Circuit Court within and for the county of Ripley, and State of Indiana, do hereby certify the foregoing to be true and correct copies of the Marriage License and certificate of Marriage of James H. Trisler to Mrs. Jane Davis, as the same now appears upon the Marriage Record now on file in my office.

In witness whereof, I have hereto subscribed my name and affixed the Seal of said Court, at Versailles, Indiana, on this 3rd day of April, 1901.

Samuel M. Smith, Clark Ripley Circuit Court

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Guardian's Declaration for Minor Children's Army Pension

State of Indiana, County of Ripley}

On this 6th day of October A. D. one thousand eight hundred and seventy one personally appeared before me, John H. Smith, a Clerk of the Circuit Court within and for the County and State aforesaid, James H. Trisler as resident of ______ in the County of Ripley and State of Indiana, aged 29 years, who being first duly sworn, according to law, doth, on oath, make the following declaration, as guardian of the minor child of Mathias Davis deceased, in order to obtain the benefit of the provisions made by the Act of Congress, approved July 14, 1862, granting pensions to minor children, under sixteen years of age, of deceased officers and soldiers. That he is the Guardian of John Davis (these being the only children of said deceased, under sixteen years of age) whose father was a private soldier in Company D commanded by Captain Welsh in the Seventh Regiment of Indiana infantry volunteers in the was of 1861; who, while in the service aforesaid, and in the life of his duty, died at Post Hospital Cumberland in the State of Meriland on the 13 day of March 1862. That the mother of the child aforesaid was in receipt of pension payable at Madison, Ind and remarried to James H. Trisler on the 4 day of December, 1869, and that the date of the birth of his ward and residence as follows, to-wit: Residence Ripley Co. State of Ind born on the 5 day of January 1861.

He further declares that the parents of his ward were married at the residence of her father in the County of Ripley, State of Indiana on the 25 day of March, in the year 1860, by the Rev. Enoch Tilton.

It also declares that he nor his said ward have in any manner been engaged in, or aided or abetted the rebellion in the United States. He hereby appoints John G. Greenawalt of Indianapolis in the county of Marion Sate of Indiana his true and lawful Attorney, with full power of substitution, to prosecute this claim for pension, and receive the certificate to be issued therefor.

His Post Office address is Osgood County of Ripley State of Indiana

James H. Trisler, Signature of Guardian

Also personally appeared Thomas Hamilton and William Mcfatridge residents of County of Ripley State of Indiana whom I certify to be respectable and entitled to credit, and who being by me first duly sworn, say that they were present and saw James H. Trisler sign his name to the foregoing declaration and Power or Attorney; and they further swear that they have every reason to believe, from the appearance of the applicant, and their acquaintance with him, that he is the identical person he represents himself to be. That they have been well acquainted with Mathias Davis deceased, and with his child the aforesaid ward of the said Guardian, for ten years, and know that he is all and the only child of said Mathias Davis under sixteen years of age; and that they verily believe, from their personal knowledge, that the name, age, and residence of the ...is a as stated by their Guardian in the foregoing declaration. And further, that the wife of said Mathias Davis remarried to James H. Trisler on the 4 day of December 1869; that the said guardian and his said ward have not in any manner aided or abetted the rebellion in the United States; and further that the parents of the said child aforesaid lived together as husband and wife, and were so reputed; and that they have no interest in the prosecution of this claim.

Signature of Witnesses: Thomas Hamilton, William (his X mark) Mcfatridge, attest} Thomas Hamilton, John H. Kru__?__.

Sworn to, acknowledged and subscribed before me this 6th day of October 1871, and I hereby certify that the contents of the foregoing declaration of claimant and affidavit of witnesses was mane known to each of them before administering the oath, and that I have no interest, direct or indirect, in the prosecution of this claim.

Official signature: John H. Smith, Clerk Circuit Court

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General Affidavit

State of Kansas, County of Reno, ss:

In the matter of Pension claim of Jane Davis widow of Mathias Davis Co. D, 7th Teg. Ind. Inf.

On this 20th day of April A. D. 1903, personally appeared before me, a Notary Public in and for the aforesaid County, duly authorized to administer oaths Jane Davis aged 59 years, a resident of Silica in the County of Rice and State of Kansas well known to me to be reputable and entitled to credit, and who, being duly sworn, declares in relation to the aforesaid case as follows:

That I am the claimant in the above case and in reply to Dept. letter of March 30th, 1903 will say that I own no real estate or any description nor have I owned any for ten or twelve years nor do I own any personal property of any kind except my bed and wearing apparel. I own no bonds, stocks or investments of any kind. After the death of the soldier, Mathias Davis, March 13th, 1862 that I remained single and unmarried until I was married to James H. Trisler, Dec. 4th, 1869 at Versailes, Ind. and that we lived together in a lawful state of matrimony and was never divorced nor applied for divorce until the year of 1877 when the said James H. Trisler left me and my four children and came from Ind. to Kans. to get us a home and after he came to Kans. I received three letters from him and he was in Ogden, Co., and since then I have never heard anything from him. After not hearing from the said James H. Trisler and presuming he was dead. I applied for renewal of pension in 1891 under the name of Jane Trisler, widow of Mathias Davis, see evidence on file. Also notice of rejection of the claim as I could not prove the death of James H. Trisler, also see copy of divorce of Jane Trisler vs. James H. Trisler, hereto attached. I further declare that I have no income of any description and am living with my daughter at Silica, Rice Co., Kans. who I am depending upon for my support. In reply to Dept. Letter 3-1881 March 30th 1903 in which you refer to my dissolution of marriage will say that I do not know any party by the name of James H. Fisler, that I never was married to any such person nor do not know any one by that name and if any of my affidavits have gone in with the name "Fisler" it was an error in teh one that made them out for it should have been James H. Trisler. In reply to Dept. letter 3-__?__ of March 30th, 1903 will say that I was pensioned soon after Mathias Davis' death at $88 per month and drew this up to my second marriage Dec. 4th, 1869. I never made any other application for pension only as above stated. I also know that Mathias Davis was not in the Military or Naval service prior to Aug. 20th, 1861. _____ further declares that ______ no interest in said case and ________ not concerned in the prosecution.

Jane Davis
Signature of affiant

To be used if increase of pe_____ is claimed under Act of September 8, 1916. Sign names ___ appears on pension certificate.

October 4, 1916

Widow's Certificate Number 1182. Name of soldier (or sailor) Mathias Davis.
Service of soldier (or sailor) Private Co. D. 7th Reg. Indiana Vol. Infantry.

Commissioner of Pensions, Washington D. C.

Sir:

I am pensioned under the above certificate number, because of the service of the soldier (or sailor) named. I was his wife during the period of his service in the Civil War. (If not, write word "not" in the blank space.)

I am 72 years of age, having been born November 8, 1843 at Ripley County, Indiana.

I am entitled to the increase of pension provided by the first section of the Act of September 8, 1916.

(Signature) Jane Davis
(Post Office address) Preston, Pratt Co., Kansas