Copyright USGenNet Inc., 2011, All Rights Reserved U.S. Data Repository Please read U.S. Data Repository Copyright Statement on this page: Transcribed and submitted by Linda Talbott from copy of record provided by Jeanine Witherell-Eaves for the US Data Repository http://www.us-data.org/ ========================================================================= U.S. Data Repository NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization. Non-commercial organizations desiring to use this material must obtain the consent of the transcriber prior to use. Individuals desiring to use this material in their own research may do so. ========================================================================= Formatted by U.S. Data Repository Chief Archivist, Linda Talbott All of the above information must remain when copied or downloaded. =========================================================================== State of New York, County of Livingston. In the matter of Widows Claim, No. 639793 of Famey Witherell, widow of Seymour Witherell, Co "E" 33d N.Y. Vol's. On this 7th day of November A.D. 1896, personally appeared before me a Notary Public to and for the aforesaid County, duly authorized to administer oaths, T.H. LaMonte, aged 47 years, a resident of the town of Ossian to said County, whose Post Office address is Ossian, Liv. Co., N.Y., well known to me to be respectable and entitled to credit, and who, being duly sworn, declares in relation to said case as follows: That Seymour Witherell died on the 18th day of July, 1896 and the date of the certificate of death of April 18th was an error. If in my former affidavit I stated that he died April 18th, I made a mistake. [U.S. Pension Office Stamp - Nov 11, 1896] This affidavit has been written T.H. LaMonte N.Y. this 6th day of November 1896 by T.H. LaMonte was not sided or prompted therein by the oral or other statements of any other person. I further declare that I have no interest in said claim nor anm I concerned in its prosecution. T.H. Lamont Sworn to and subscribed before me this day by the above named affiant, and I certify that I read said afficavit to said affiant before he executed the same. I further certify that I am in no way interested in said case, nor am concerned in its prosecution: and that said affiant is personally known to me and that he is a credible person. John M. Kennedy Notary Public --------------------------------------------------------------------------- SECONDARY PROOF OF MARRIAGE IN CASE OF Famey Witherell, Widow of Seymour Witherell ===================== Co. E. 33d NY Vols Affidavit of A.B. Dunn and Geo DeForest [Stamp - U.S. Pension Office, Aug 13, 1896] ============================================= Filed by James H. Baker Dansville, NY --------------------------------------------------------------------------- SECONDARY PROOF OF MARRIAGE ________ State of New York, County of Livingston, SS: On this 27 day of July, A.D. 1896, before the undersigned, a Notary Public, personally appeared Famey Witherell who, being duly sworn, deposeth as follows: I am the widow of Seymour Witherell deceased, who was a private in Captain _____________ Company E, Regiment 33 NYSV; that my maiden name was Famey Scoon that I was alwfully married to said deceased at Ossian, County of Allegany, State of New York by Oliver Thompson, on or about the 16 day of February, 1832 that I have by said marriage the following children, whose ages and dates of birth are correctly set forth, to wit: John S. Witherell Born December the 1, 1833 Susan Witherell born Jan the 30, 1836 Isaac Witherell born June the 27, 1838 Walter Witherell born Aug the 17, 1840. That these are the only legitimate children now living of myself and my deceased husband, and that my said husband left no children by any former marriage. That I have made repeated and diligent efforts to procure a copy of the record of my marriage, but have been unable to do so because the justice who married me is dead and I cannot find any of his records. That I cannot obtain the affidavit of the party who performed the marriage ceremony because they are dea., that my said husbgand died on the 19 day of July A.D. 1896, that I lived with the deceased from the date of my marriage up to the date of his death and that I file herewith the best evidence of my marriage that I can obtain. her John R. Pennock Famey X Witherell Mabel Pennock mark (signature of witnesses) And also at the same time personally appeared Austin B. Dunn and George Forrest, of the County of Livingston and State of New York, to me well known as respectable, credible persons, who being by me duly sworn, do severally say that they have known the claimant over forty years and her deceased husband Seymour Witherell who was a private in Company #. 33 Regiment of NY Vols for ______ years, and that claimant's maiden name was Famey Scoon, and that she was married to said Seymour Witherell at Ossian, in the State of New York, by Oliver Thompson on or about the 16 day of February, 1832, that deceased always treated and acknowledged claimant as his lawful wife; and that they lived and cohabited together as such, and were so received in society, and were so regarded by their acquaintances; that they never heard the fact of their marriage disputed; that they often heard deceased in his in his lifetime speak of claimant as his wife that claimant has by said marriage four childen, whose name and ages are as follows: John S. Witherell Born Dec the 6th 1833, Susan Witherell Born Jan the 30th, 1836, Isaac Witherell Born June the 27th 1838, Walter Witherell Born August the 17th 1840. That they are satisfied that claimant has made diligent efforts to procure record evidence of her marriage, and has been unable to do so for the reason stated by her. That they are in noway interested, directly or indirectly, in the claim for ______________________ for which this affidavit is required. A.B. Dunn George DForrest (Signature of Affiants) State of New York, County of Livingston, ss: Sworn to and subscribed before me this day by the above named affiants, and I certify that I read said affidavit to said affiant, including the words _________________________ erased, and the words _______________ added and acquainted them with its contents before they executed the same; I further certify that I am in nowise interested in said case nor am I concerned in it prosecution; and that said affiants is personally known to me and that they are credible person. John M. Kennedy Notary Public (Official Character) ===========================================================================