Pension Application of James Berry R799
Transcribed and annotated by C. Leon Harris
State of Kentucky }
Madison County Sct }
On this the 22snd day of April 1839 Personally appeared before me Samuel Estill a Justice of the peace for the County of Madison and State aforesaid Sarah Berry a resident of Madison County and State of Kentucky, aged Seventy nine 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 by the act act of Congress passed July 7 - 1838 entitled An act granting half pay and pensions to certain widows, That she is the widow of James Berry who was a soldier in the revolution and an invalid pensioner on the roll of the Kentucky agency at the time of his death She further declares that she was married to said James Berry in the County of Lincoln and the State of Kentucky on the Twenty eighth day of March Seventeen hundred and eighty three (1783) That her Husband the aforesaid James Berry died on the twelfth day of February Eighteen hundred and twenty two That she was not married to him prior to his leaving the service but the marriage took place previous to the first of January Seventeen hundred and Ninty four Viz at the time above stated. She further declars she knows of no record of her marriage
Sarah [her X mark] Berry
State of Kentucky
Estill County – Sct.
This day [12 Aug 1841] personally appeared before William J. Clark a Justice of the peace in & for the County aforesaid Joseph Proctor [pension application S11270] a resident of said County aged eighty six years, who being duly sworn states upon oath
That he came from Virginia to Kentucky in the Spring of 1778 – That he was well acquainted with James Berry late of the County of Madison, deceased, – That in 1782 said Berry was a private in Capt James Estill’s Company & was in the engagement in Kentucky in what has ever since been called Estill’s Defeat
– Said Berry was wounded in said defeat. I saw him in the engagement & shortly after the Battle & saw him bleeding from the wound. The engagement was with the Indians in the now County of Montgomery – Estill was a Capt. under the Virginia law & I think state still – Berry resided in the County of Madison till he died – He married Sarah Grubbs. I cannot state how long since he died. I think Berry came to Kent.
in 1779. He was considered a very clever & correct man – I understand his widow still lives in Madison County.
Joseph [his X mark] Proctor
State of Kentucky
Madison County Sct.
This day [17 Aug 1841] personally appeared before Christopher Harris a Justice of the peace in & for the County aforsaid Thomas Turner Senior of said County & in due form of law made oath – that he came to Kentucky in the Fall 1783 – That he immediately became acquainted with James Berry, deceased, and lived in the station with him till affiant moved out – Said Berry & affiant lived neighbours in the County of Madison till s’d. Berry’s death. affiant always understood that said Berry was wounded at Estill’s defeat in [April] 1782. Affiant often saw the wound – he was shot through the thigh & measurably lost the use of that side the right side – he lost entirely the sight of his right eye from the wound, & could not shoot afterwards on the right side – He was frail & could never do a full days work after affiant knew him. Said Berry married Sarah Grubbs who is still living in the County of Madison aforesaid and a neighbour to affiant. Said Berry when he died was an Invalid Pensioner of the Untied States – How much he drew affiant does not know.
The widow of said Berry has never married.
Before said Berry came to Kentucky he belonged to a Company of Rangers in Green Briar [sic:
Greenbrier], Virginia, Commanded by Capt Archibald Wood, whom affiant well knew – Said Berry was employed in said Company in the service of the U. States as affiant understood from said Berry & Capt. Wood
[signed] Thos. Turner
NOTES: On 26 Aug 1841 Sarah Berry added that James Berry “was an Invalid pensioner on account of a wound received in an action with the Indians in 1782. He did not perform six months actual service in a military capacity and in a regularly organized corps called out by competent authority.”
On 22 Apr 1839 William Berry, 55, son of James and Sarah Berry, certified his mother’s statements. On 26 Aug 1839 Sarah Berry’s age was given as 78 and the place of her marriage was said to be within the bounds of the then county of Madison.
https://revwarapps.org/r799.pdf