BARE/BEAR Family Documents

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I also will to my said son George the farming utensils or implements for farming that now belong to me.   I also will to Wise Bear (wife of my said son George Bear) one wooly cow. And lastly I constitute and appoint my said son George Bear executor of this will hereby revoking all former wills and bequeaths by me heretofore made and declaring this and no other to be my last will and testament.  In witness whereof I have hereunto set my hand and seal this 11th day of February 1836.  Jacob Bauer</div> <div> signed sealed published and declared by the said testator as his last will and testament in the presence of us who in his presence and ay his request have subscribed as witnesses.  Boaz Boydston  Patrick Donley</div> <div> Greene County SS.   Before me Abijah N Johnston register for probate of wills and granting letters of administration in and for said county this day came Boaz Boydston and Patrick Donley the two subscribing witnesses to the within instrument of writing and upon their solemn oaths did say that they were present and saw and heard Jacob Bear the testator within named sign seal publish pronounce and declare the same to be his last will and testament and at the time of doing threof he was of sound and disposing mind memory and understanding according to the best of their judgement observation and belief.  Boaz Boydston  Patrick Donley</div> <div> sworn & subscribed before me March 2oth 1837  Abijah N Johnston</div> <div> Registered March 20th 1837 and letters testamentary granted to George Bear same day with copy of will annexed  inventory filed</div> <bR> <div> <B><U>John Jacob Bear - Revolutionary War Pension Papers</U></B><B><U> <A NAME="john_jacob_bear_rev_war_pension"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A></U></B></div> <div> Revolutionary War Pension File R364</div> <div> Mount Morris, Pa  Oct 23, 1849</div> <div> Sir:   I address you a letter dated Augst 18th and have your reply written on the 25th in relative to the claims of the heirs of Jacob Baer, decd., a revolutionary soldier, who was pensioned under the act of June 1832. The claim of the heirs is in the right of Mrs. Baer widow of the deceased who survivied him some four years & six months without making and application.  There exists very great difficulty in procuring any documentary evidence of their marriage, which the eldest children survivng state took place in the City of Lancaster, Pennsylvania in the month of December 1779 and was performed by a Lutheran clergyman, as they have been informed by their parents, named Kurtz. A family record it seems was never kept. They were germans and such it was the custom amongst them for the parents of the parties to a marriage contract to keep a record of such events in the family, but after the considerable effort to obtain a knowledge of such record if any such is in existence they have given it up as almost unattainable. I addressed a letter to the Rev. Jno. C. Baker the clergyman in charge of the Lutheran Congregation in the City of Lancaster who informed me that no record of marriages exists in the church prior to 1781 and that the City of Lancaster had no Lutheran clergyman or rather the church in that city from the spring of 1779 until the autumn of 1781, except as they were ocassionally visited by a traveling minister. Now it was during this period that the marriage no doubt took place as the recorded age of the oldest child, who was born in Dec 1780, renders evident. Now in this state of things would the Pension Office ruled as published July 9, 1836 be construed more stringently than the rules of Court.  In Feuser vs Bower, Penn 11.450 it is held that for civil purposes that reputation ans cohabitation are sufficient evidence of marriage and in Covert et al vs Hertzog H Barr 145.6 & C.I. Gibson of this state retains the same doctrine. The same construction prevails in other states. Indeed decisions of similar import can be found, as you are no doubt aware, in the judicial records of every state wherever the question has come up. In the absence of other evidence is the War Department goverend by the rules in force before judicial tribunals.  If such is the case the claimants in the present instance can furnish such evidence.  No person in this county, for so many years the residence of both the deceased who lived to a memorable old age, ever would hazard a doubt that they were legally man and wife.  None were more respected in the community where they were known or lived religious and exemplary lives. Their immediate parents in Lancaster County were substantial german farmers of the first respectability.  The children have often heard the parents tell of the incidents connected with their marriage and state that there were but two witnesses present, these witnesses have been many years deceased, as they rode or travelled some four or five miles from the place of their residence to a minister and were married quite privately.  Be so good, therefor, as soon as convenient, to inform me if evidence of cohabitation & reputatioen as man and wife for near half a century the period of residence in this county will be sufficient for the claimants. Very respectfully  JW Boughner</div> <bR> <div> Mount Morris, Pennsylvania  August 27, 1850</div> <div> Sirs:   The fact set forth in ypur communication of the 16th ____, as contained in the declaration of Jacob Baer, decd, I apprehend entirely erroneous.  Mr. Baer never resided in either Northampton or Westmoreland counties. He was a native of Lancaster County and originally as a private, enlisted in Lancaster County.  In 1779 he married and settled within a few miles of the line dividing Lancaster & York Counties. After the birth of his two eldest children he removed to Washington County, Maryland. Sometime between 1796 & 1800 he removed to Bedford County, Pennsylvania where he resided fifteen or sixteen years. Thence in 1810 or 1811 he removed to Fayette County and after residing there one year, finally in 1812, removed to Greene County where he died in 1837. It is true that Mr. Baer in his declaration, under oath, through mere omission, does not state he ever held a commission, but his numerous and highly respected _____ state he has often said he was an officer in militia company, and that for this service he had prefered no claim on the government. Of this fact he informed Hon. A Stewart member of Congress & RP Flemken late charge to _______ his agents. They informed him he had made out the years service sufficient to entitle him to a full pension of $96 whereas contrary to their expectations he received during his lifetime but $70 per annum.  Finally let the disposition of the evidence furnished in the transcript contained in my letter of the 10 August be what it may by your department, it will ever be the conviction of every _____ person in this community where the deceased soldier was best known and esteemed the services referred to in the transcript were performed by Jacob Baer of this county. I am very respectfully your servant J.W. Boughner</div> <bR> <div> Mt. Morris, Greene Co., Penn  Nov 24, 1849</div> <div> Sir:  Accompaining this I transmit to your office the evidence in the case of the application of the surviving children of Catharine Baer the widow of Jacob Baer, decd, a revolutionary soldier, for a pension __ consisting of the following papers viz: 1. The declaration of George Baer, the youngest child of the decd and executor of the estate of Jacob Baer his father under a will executed by the latter before his decease. The statement in the declaration of Mr. Baer in relation to the time the marriage of his parents took place is based upon what he has repeatedly heard the parties say on that subject. They were first cousins and some opposition to the marriage existed on that account and were married privately agreeably to statements made their children. The date of the death of Jacob Baer and his mother Catharine Baer is included in the declaration for the reason that no other person had as competant a knowledge of these facts as George Baer who has a family record of these things.   2. The deposition of David Baer the eldest child of the deceased.   3. The discharge of David Baer, who with two of his brothers were soldiers in the late war with Great Britain. You will see by the discharge that Mr. Baer was thirty three years of age in the year 1813.   4. The certificate of the Hon. A Stewart until recently was a representative in Congress from this district, a position Mr. Stewart has occupied at various times for a period of twenty years.   If you desire it proof can be furnished of the fact of the service of David Baer in the late war and also that he is the oldest child of Catharine Baer and Jacob Baer decd. They are the only family in this county of that name proof of which is necessary can be furnished by our County Commissioners who have in their custody lists of the taxables and voters in the county. Very respectfully your seravnt, J.W. Boughner</div> <div> P.S. I see on recurring to your letter of the 27th of October that in the absence of any church, parish, or family register of the marriage, that you ask a register of the date of the births of the children. Such a register is in existence and is in the custody of some person who traveled through the country as a pension agent, or representing himself to be such. Mr. Bare (George) refused to make the application through him and having the register in his custody he by mistake carries it off;  not however until a copy of the date of the births of the family had been copied off. This register was an old document and was made at the time or about the time the children were born in German.  Proof of the existence of such as register, if desired, can be made by  any amount of testimony and also that every member of the family are respectable.   J.W.B.</div> <bR> <div> State of Pennsylvania Greene County ss:  On the fifteenth day of November in the year of our Lord one thousand eight hundred and forty nine personally appeared before the subscriber Judge of the Court of Common Pleas, George Baer, a resident of the State of Pennsylvania and in the County of Greene, who being first duly sworn according to law doth on his oath make the following declaration in the name and right of Catharine Baer, widow of Jacob Baer, and now both deceased, in order to obtain the benefit of the provision made by the act of Congress passed July 7, 1838.    That the said Catharine Baer was the widow of Jacob Baer deceased, a revolutionary soldier who was pensioned under the act of Congress of the 7th of June 1832:   he further declares that the said Catharine Baer and Jacob Baer, his parents, were married in the month of December in the year seventeen hundred and seventy nine, and that his father Jacob Baer died on the twenty eighth day of February in the year one thousand eight hundred and thirty seven, and that his mother the said Catharine Baer was not married prior to the time his father left the service, but the marriage took place previous to the first of January seventeen hundred and ninety four viz: at the time above stated: and further that his mother Catharine Baer died on the first day of September one thousand eight hundred and forty one, a widow, and that she never made an application for pension.  The names of the children now surviving are David the eldest, aged sixty eight, Nancy aged sixty four, Israel aged sixty one, Jacob aged fifty seven, Catharine aged fifty two, and George aged fifty years.  Sworn to and subscribed on the day and year above written.  George Baer</div> <div> And the said Court do hereby declare their opinion after the investigation of the matter that Catharine Baer decd in whose right the above application is made was married prior to the first day of January in the year seventeen hundred and ninety four: and the court further certifies that George Baer the foregoing declarant is a son of the said Catharine Baer and Jacob Baer decd.</div> <div> And now this twenty forth day of December in the year one thousand eight hundred and fortynine the undersigned a Judge of the Court of Common Pleas for the County of Greene before whom the foregoing declaration was made further certified that satisfactory evidence was addressed before said Court that Catharine Baer deceased above named died on the first day of September eighteen hundred and forty one and that the names of the children now surviving are David, Nancy, Israel, Jacob, Catharine, and George as set forth in the foregoing declaration, and in the opinion of the court the facts are true as set forth in the declaration. The undersigned accordingly amends the certificate of said court. Subscribed the day and year last above written. Thomas Bunson</div> <bR> <div> Deposition of David Baer  14.012</div> <div> Catharine Baer decd widow of Jacob   Pennsylvania</div> <div> Husband decd 1837</div> <div> Widow decd 1841</div> <div> no claim under the Act of 7 July 1838</div> <div> State of Pennsylvania Greene County ss:  On this sixteenth day of November in the year of our Lord one thousand eight hundred and forty nine personally appeared before the subscribed a Justice of the peace in and for the county of Greene, David Baer, a resident of said county who being first duly sworn according to law deposeth:   That he is the oldest child of Jacob Baer and Catharine Baer deceased, the former of whom as a revolutionary soldier and pensioned under the act of Congress of June 7, 1832. That he was born on the twelth day of December in the year seventeen hundred and eighty and that he is now in his sixty ninth year, that no record evidnece of his parents marriage exists within his knowledge, that he believes they were married in the month of December seventeen hundred and seventy nine, that he has heard both his parents often say that deponent's birth occured about one year after their marriage, that they were married in the city of Lancaster in the State of Pennsylvania by a Lutheran clergyman named "Kurtz", and that there were but two persons present named Isaac Baer and John Roland when the solemnization of the marriage took place who are both now dead, and further saith not. Sworn to and subscribed on the day and year above written, before.   David Baer</div> <bR> <div> State of Maryland, Washington County, to wit;  On this thirtieth day of August in the year of our Lord one thousand eight hundred and thirtytwo personally appeared before me Andrew Kershner one of the justices of the peace in and for Washington County in the state of Maryland, Isaac Bear of said county, and after being duly affirmed according to law, deposeth and saith that some time in the spring if the year one thousand seven hundred and seventy seven (1777) his brother Jacob in the town of Lancaster in Lancaster County in the commonwealth of Pennsylvania did enlist in the continental army of the Revolutionary War for three years or during the war and as and as he thinks and believes according to his recollection under a certain Captain Dorsey and that he the said Jacob bear did serve as a soldier in the army until he was duly discharged by the proper authority and further this deponent saith not. Affirmed to and subscribed by the said deponent before me this day and year aforesaid.  Isaac Bear</div> <bR> <div> Jacob Baer, Bear, Bare   Catharine</div> <div> Service Continental Pennsylvania</div> <div> Greene County, Pennsylvania -  On the 19th day of September AD 1832 personally appeared in open court before the Judges of the Court or Common Pleas for the County of Greene State of Pennsylvania now sitting   Jacob Bare a resident of Whitely Township county & state aforesaid aged seventy four years the 12th day of June last.  Who being duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the Act of Congress passed the 7th day of June 1832.   That he enlisted in the army of the United States in the year 1777 with Capt. Thomas Dorsey and served in Col. Milans Regt consisting of Pennsylvania & Maryland regular troops under the following named officers.   That he enlisted in the town of Lancaster, Pa in January AD 1777 for the term of three years or during the war. That he enlisted under Capt Thomas Dorsey & received twenty dollars bounty. That then he was joined to Col. Milans alias Milands Regt which was formed of three companies of Pennsylvania & three companies of Maryland horsemen.  That he was marched from Lancaster, Pa. to Phildelphia where they were ________ and lay there then until about the close of harvest the same year and was then taken across the Delaware River at Trenton into the State of New Jersey & were marched to Princeton where the British then lay. That for some time they were kept on the enemies lines at Princeton & Brunswick with & whom they had a great many skirmishes.  That they continued thus engaged until the British landed at the Head of Elk when they were ordered from New Jersey back to Philadelphia and were marched toward the enemy at the Head of Elk.  That he was in the battle of Brandywine that in this engagement the American forces were commanded by Genl Washington.  That after the battle they remained near the British line constantly annoying them until they moved into Philadelphia.  That shortly after the British army took possesion of Philadelphia the battle of Germantown was fought in which he was engaged.  That after this engagement they continued harasing the enemy until Genl Washington went into Winter Quarters at Valley Forge & that the company to which he _____ were ordered across the river & went into winter quarters near Trenton, New Jersey.  That in the spring of 1778 when the campaine opened he was taken from his old Regt (Col Milans) by Genl Pulasky and placed as one of his life guards.  That he was taken by him to Baltimore and kept there enlisting men until October 1778 when he was taken sick and his father from anxiety on account of his sickness bought his discharge from Genl Pulasky for which he was obliged to pay one hundred pounds.  That he then left the service having served one year & nine months as an enlisted soldier.  And this deponent further saith that in September 1776 (before he went into the service as an enlisted soldier) he was drafted in Captain John Rolands Company of Pa Militia for two months and served in Col. Fa____ Regt. That they were taken into the state of New Jersey & stationed at the "Blazing Star" for the purpose of guarding that place against the British who were then on Staten Island, NY and returned home. And this deponent further saith on his oath aforesaid that in 1781 he was drafted in Col. Jacob Carpenters Regt but cannot recollect his Capts name. That they were marched to Crooked ____ and performed his tour there which was only for one month. That he served in all just two years. That he thinks he can prove them by some witnesses being at a _______. That he remained in Lancaster County seven or eight years after the war & then removed west and has lived where he now resides in Greene County, Pa. upwards of twenty years. That he has a record of his age at home in his bible. That the said John Fordyce & Patrick Donley will certify as to his reputation. He hereby relinquishes any claim whatsoever to a pension or anuity except the present & declares that his name is not on the pension roll or agency of any state.   Jacob Baer</div> <div> Greene County   We John Fordyce a clergyman and Patrick Donley residents of Whitely Township and Mathias Clovis a resident of the same palce hereby certify that we are well aquainted with Jacob Bare of Whitely Township who has subscribed & sworn to the above declaration. That we believe him to be seventy four years of age. That he is reputed and believed in the neighborhood where he resides to be a soldier of the revolution & that we concur in that opinion. John Fordyce  Patrick Donley  Mathias Clovis</div> <bR> <bR> <bR> <bR> <bR> </td> </tr></table></body>