Pension application of Benjamin Maberry [Mabry, Mayberry, Mabary] S38926 f13NC
Transcribed by Will Graves rev'd 5/24/16
State of Tennessee, County of Sumner
On this 9th day of February 1829 personally appeared in open Court being a Court of
record for the County of Sumner Benjamin Mabary a resident in said County aged Seventy four
years he being first duly sworn according to law doth on his oath make the following declaration in order to obtain the provision made by the acts of Congress on the 18th of March 1818 & the 1st of May 1820. That he the said Mabary enlisted for the term of 12 months on the __ day of __ in the year 1781 in the State of North Carolina in the company commanded by Captain Litle [sic, William Lytle] in the Regiment commanded by Colonel Murphey [Lt. Col. Hardy Murfree]1 in the time [sic, line?] of the State of North Carolina on the Continental establishment that he continued to serve in the said corps until 1782 when he was discharged from the service in the State of South Carolina that he hereby relinquishes every claim whatever to a pension except the present that his name is not on the pension roll of any State and that the following are the reasons for not making earlier application for a pension the reason why he has not applied for a pension before is that till about five years ago he was able to support himself – he is now nearly blind and unable to work and has not property to support himself and in pursuance of the act of 1st May 1820 I do solemnly swear that I was a resident Citizen of the United States on the 18th day of March 1818 and that I have not since that time by gift, sale or any manner disposed of my
property or any part thereof with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress entitled an act to provide for certain persons engaged in the land and naval service of United States of revolutionary war past [sic, passed] on the 18th day of March 1818 and that I have not nor has any person in trust for me any property or securitiescontracts or debts due y to me nor have I any income other than what is Contained in the Schedule hereunto annexed and by me subscribed.
Schedule of Benjamin Mabary's property he has 50 Acres of poor Land lying in the
County of Sumner State of Tennessee no dwelling House on it not worth more than $50 and
supposes that he could not sell it for that sum he lives part of his time with Doctor Solomon Mitchell and part of his time with James Mabary he has no family and the above land is all the property he has.
Sworn to in open Court 9th of February 1829.
S/ Benj. Maberry, X his mark
That since the 18th of March 1818 the following changes have been made in my property he
never had much property and as he has advanced in age he being unable to support himself and it has gradually been exhausted in the support of himself & family. In open Court sworn to and declared on the 9th day of February 1829.
S/ Benjamin Maberry, X his mark
[Alfred H. Douglass, Clerk of the Court of pleas and quarter sessions certifies the application.]
[p 8]
State of Tennessee, Sumner County Court November Term 1828
Schedule Benjamin Mabery makes oath that he will be 74 years of age 21st day of next
February that he has no family that he is very infirm & nearly blind he has 50 acres of poor
barron Land no dwelling house on it worth not one dollar per acre or more he was broken up
about five years ago and he has no other property and is entirely helpless and dependent entirely on private or public charity for a subsistence he lives in Sumner County State of Tennessee.
November term 1828
Sworn to in open court November 20th, 1828
S/ Benjamin Mabry, X his mark
S/ A. H. Douglass, Clerk
[p 10]
State of Tennessee, Rutherford Circuit Court: October Term 1828
In open Court this day personally appeared Captain William Lytle, and made oath, that he
formerly in the revolutionary war, commanded a company of foot in the North Carolina Brigade
commanded by Lieutenant Colonel Hardy Murfree (in the absence of General Sumner [Jethro
Sumner) on the 1st day of April 1782, and that he now finds from an examination of his return and muster roll of that day, that Benjamin Mayberry was a Soldier in the said Company, mustered as a private and artificer, and that he had on said day (the 1st of April 1782) twelve days to serve, having enlisted and served in said company for twelve months then to expire. That said Mayberry is now present at the taking of this declaration, and that he knows him to be the same man, and that he is satisfied he served continuously and faithfully and was regularly discharged as a soldier up to the said date, from about the 1st April 1871, in the revolutionary war, Colonel H. Murfree commanded the Regiment to which his company, at the date of said muster roll, belonged.
Sworn to & subscribed in open court 6th October, 1828.
S/ William Lytle
S/ Wm Ledbetter, Clerk
[The above certificate given by William Lytle is certified by the clerk of court to be a true copy of the records in his office.]
[Veteran was pensioned at the rate of $8 per month commencing February 11, 1829, for service
as a private for one year in the North Carolina Continental line.]
_____________
11 Lt. Col. John Baptiste Ashe was in command of the 1st NC Regiment for most of 1781. He was succeeded by Lt. Col. Hardy Murfree in 1782.