Saturday, April 5, 2008

Joseph Guess of Caldwell County Kentucky

I found quite a few things interesting about this pension file. The first was the affidavit that had to be filed to make sure no feathers were ruffled because the widow said in so many words that someone should already have this information and she shouldn't have to say it all over again. Genealogically, anyone who is researching this Guess family should learn that John Guess was NOT a son of Joseph and Constance Taylor Guess. He gives an affidavit in the file. The children are listed and mention of another child is made, with no name given. As noted, the maiden name of the widow was Taylor and they were married in Caswell County North Carolina.

Joseph Guess of Caldwell County Kentucky

Joseph Guess; Constance; W8878; NC

Joseph Guess
Of Caldwell Co in the State of Kentucky who was a prvt & cav in the company commanded by Captain Jameson of the regt commanded by Col Lyttle in the NC ma:
For 6 mo Pr; 3 mo Cav
Inscribed on the Roll of Kentucky
At the rate of 32 dollars 50 cents per annum
To commence on the 4th day of March 1834
Certificate of Pension issued the 14 day of March 1833 and Sent to Thos Haynes Esq Princeton Ky
Arrears to the 4th of March 1833 $65.00
Semiannual allowance ending 4 Sept 1833 16.25
Revolutionary Claim
Act June 7, 1832
Recorded by W L Williams Clerk
Book E Vol 7 Page 10

11657 Kentucky
Constance Guess widow of Joseph, dec’d, who died on the ____ in the State of Kentucky who was a private in the ___ commanded by Captain ___ of the ___ commanded by ___ in the Revolution for ___
Inscribed on the Roll of Louisville at the rate of 32 Dollars 50 cents per annum to commence on the 4th day of March 1835.
Certificate of Pension issued the 3rd day of May 1856 and sent to J J Coombs.
Arrears to the 4th of –
/ Present
Semiannual allowanced ending-
Revolutionary Claim
Act July 7, 1838
Recorded by H N Weightman Clerk
Book D vol ? Page 369

State of Kentucky, Caldwell County
On this 20th day of August 1832 personally appeared in open court before Morton A Rucker, James C Weller, J W Marshall the county court of said county now siting, Joseph Guess a resident of said county and state aforesaid aged about 70 years who being first 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 June 7th 1832: That he was born in Fairfax county, Virginia, the precise month & year he does not know as he has been informed by his parents that the record of his age was lost; that when young his parents moved to Orange County North Carolina, that at the proper age, he was drafted in the militia of the state of N Carolina in Orange County for six months and was attached to the Brigade commanded by Genl Rutherford and Regiment commanded by Col Lytle; that the company to which he belonged was commanded by Capt Wm Jamison and Abraham Allen was Lieutenant; that they marched directly to Latesberry; thence Charlotte; thence to Charleston South Carolina and thence to Perrysberg where some regulars were stationed; and from thence to the Two Sisters; thence to Turkey Hill on the Savannah river. At this time a battle was fought at Brier Creek and a detachment from the command of Gen Rutherford was ordered to march to the aid of the Americans, but was stoped on the way by the order of Genl Nash as he thinks, and consequently did not reach the battle ground. That he served out this six months as a private and was discharged at a place called Stono. That shortly after this expedidtion he was again drafted as a private from the same county for three months to go agains the Tories down on Pedee river – that in this expedition he was under the command of Colonel Thomas Taylor and of Capt Davis Grisham. That during this expedition he had various skirmishes with the tories and reconnoitered the country and protected the inhabitants as much as possible from the incursions of the tories; that in the expedition he belonged to a light horse company commanded by the officers above mentioned; that the prisoners which they took were sent to Genl Arrington who was then in the field and far distant. That he is now above seventy years of age as he is convinced from various circumstances vis – the tradition of his parents – the time he entered the service ?? and the time of the battle at Bryer Creek he was about seventeen – that he was born in Fairfax County Virginia and moved from there when quite young – that he was living in Orange County North Carolina – that he was drafted into the service as a private. That he did receive a discharge which has long since been lost – that he is acquainted with many in his present neighborhood who could testify as to his character for veracity and their belief of his having been a soldier of the Revolution to wit James Clinton, James Neely, James Maxwell andmany others. He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any state.
Sworn to & established the day & year aforesaid [signed] Joseph Guess

An affidavit was attached from John Barnett, a clergyman and Zachariah Kenady, Alex Maxwell.

State of Kentucky Caldwell County
On this the 15th day of August 1843 personally appeared before me a Justice of Peace in and for said county and state (my court being a court of record) Constance Guess, a resident of said county and state aged 77 years and also personally known to me as of credibility, who being first duly sworn, according to law doth on her oath declare in order that she may obtain the benefit of the provision made by the Act of Congress of July 7th 1838 ?? “an act of granting half pay and pensions to certain widows of” the resolution of the 16th August 1842 and the “Act of 23 August 1842”; That she is the widow of the late Joseph Guess, of the County of Caldwell; and State of Kentucky deceased who was a private in the war of the revolution. She states that she has often heard her said deceased husband speak of his services, officers ?? but her recollection on the subject is too imperfect to enable her at this late day to give a minute detail of the same and she deems such details on her past the more unnecessary as her said husband was for several years previous to his death a pensioner under the act of 7th June 1832 on the roll of the Kentucky agency and consequently his own declaration of his services, officers and the testimony add??ed by him in support of his said declaration is on file in the war office at Washington City; and to them she has leave to refer and to make the same a part of this, her declaration.
She states, that at the time of her said husband’s applica?? He was a citizen of the United States and a resident of Caldwell County in State of Kentucky; she further states that she was married ?? ?? years to the said Joseph Guess deceased on the 11th day of January 1787 one thousand seven hundred and eighty seven in Caswell Co N Carolina. That her husband, the aforesaid Joseph Guess died on the 13th day of January 1835 – in Caldwell County KY; that she was not married to him prior to his leaving the service; but the marriage took place, previous to the 1st day of January 1794; at the time above stated; that she is still single, having never married, since the death of her said husband Joseph Guess deceased.
Sword & signed by her name before me on the day & year aforesaid; Justice ?? ?? Caldwell County Kentucky

State of Kentucky Caldwell County
I Charles B Dallam, Clerk of the County Court of Caldwell County in state of Kentucky, do certify that David Brooks Esquire before whom the subjoined[?] declaration on oath of Constance Guess was made and her acknowledgment of a power of Attorney to John, and Green F Boyle of Hopkins County Kentucky was also made, ?? them and is ?? an acting justice of the peace in and for said Caldwell County in state of Kentucky duly commissioned to administer oaths and take acknowledgments therein; that his name therein written appears to me to be in his usual signature and that full faith is to be had in all his official arts as such – In testimony where of I have hereunto affixed my seal of office and subscribed my name and qua??ity at Princeton the County seat of said Caldwell County Kentucky on this the 28th day of August 1843.
Charles B Dallam
Clerk of the County
Court of Caldwell

Caldwell County Kentucky
William Guess of said County aged 33 years past being sworn says he was very well acquainted with Hoseph Guess (his grandfather) who died in said county many years since and who at the time of his death (biz) January 13th 1835 (eighteen hundred and thirty five) was a Revolutionary Pensiner of the United States on the Kentucky Agency. The said Joseph Guess left Constance Guess his widow who survived him and remained his widow and never married again after his death but remained his widow and died in this county on the 26th day of August 1843 (Eighteen hundred and forty three).
I have very recently carefully examined the entries in the Family Record of my father’s Bible and find the entries there from which I state the dates of the death of Joseph and Constance Guess and the said Record I have always regarded as genuine –
I have always heard and believed my father had and I expect have frequently seen and I personally the record of his own birth and those of his brothers and sisters set down on a sheet of paper and have no doubt that the annexed is the genuine document as he represents it.
The following are the names of the only present surviving children of the above named Joseph Guess and Constance Guess his wife (viz)
1. James Guess
2. Peggy Hooker a widow
3. Polly Guess
4. Frances wife of Mason F Moss
5. Jinny wife of George R Guess
As I have always heard and believed that my Uncle William died before I was born and I knew my aunt Nancy and she has been dead some five or six years as I have ever since heard and believed although I was not at her funeral. And I am disinterested. Caldwell County Kentucky this 6th day of March 1854.
Stephen Riley
Thos. M McGough
Caldwell County Kentucky
[signed] William Guess [seal]

Sworn to and subscribed before me a justice of the peace in and for Caldwell County Kentucky on this 6th day of March 1854 and I certify that said William Guess is well known to me. I believe him to be a man of credibility and veracity of the age he calls himself and to be disinterested and I am so myself. I further certify that I have myself carefully examined the above named family record and find the entries there which I am satisfied are original and genuine. Showing that Joseph Guess died January 13th 1835 (Eighteen Hundred and thirty five and that Constance Guess died August 26th 1843 (eighteen hundred and forty three.
Word “my father had” were interlived and the words “are the names” were erased before ??
In testimony of which I do here to subscribe my name: Thos M McGough PCC

James Guess son of Joseph & Conny Guess was borned December the 11th day 1787
Peggy Guess their daughter was borned January the 20th day 1792
Polly Guess their daughter was borned May 11th day 1795
Frances Guess their daughter was borned February the 14th 1799
William Guess their son was born February the 13th day 1803
Jinny Guess their daughter was borned December the 8th day 1806
Nancy Guess their daughter was borned September the 8th day 1810

Widow, &c
File No. 8878
Constance guess
Wid. Of Joseph Guess
Pvt Rev War
Act: Mch 3/43
Index – Vol A Page 297

State of Kentucky; Caldwell County Court
September Term 1843
On motion of James Guess; it is ordered, that letters of administration be granted him on the steate ofhis late mother Constance Guess deceased in due form; whereupon said James Guess in open court, took the oath required by law and together with William Hobby Jr and William Guess his securities entered into and acknowledged bond in the premises, payable to the Commonwealth of Kentucky in the penal sum of ?? hundred dollars conditioned according to law
State of Kentucky
Court of Caldwell Sct:
I James C Weller, clerk of the Caldwell County Court, hereby certify that the above and foregoing is a true copy of the order appointing James Guess administrator of Constance Guess deceased) as it is now of record in my office. In testimony where of I hereto set my name and office the seal of said court and office in Princeton this 17th day of May 1853 James C Weller Clk

Washington April 24th 1854
Enclosed I have the honor to present additional evidence in support of the claim of Constance Guess dec’d widow of Joseph of Ky under act of 1838.
I trust the evidence now presented will be entirely satisfactory to prove marriage prior to 1st January 1794; the only point in this case I believe as her husband was a pensioner
I am not certain that any papers have heretofore been filed in the case. If not please regard this as an original application
Very Respectfully
J J Coombs
Hon L P Waldo
Comm of Pensions.

Juane 19th 1841
Enclosed you will receive the declaration of Mrs Constance Guess relect of Joseph Guess, formerly a pensioner on the Kentucky roll, and such proof as could be adduced before the court to show that she is entitled to claim the benefit of the act of congress of the 7th of July 1838. I trust she has substantially made out his claim under the provisions of that ?? law of our National legislature. The declarant is old and infirm and stands much in need of the bounty which the humanity of our Nation has provided in such cases. It is possible there may be some informality in the mode of this application. If there is, it results from the want of familiarity with the laws of congress and the practice of your particular department upon the subject. I hope however it will not prejudice the rights of the claimant. She has applied to me to aid her in making known her claims uon the government. In compliance with her wishes therefore I make this communication, ardently hoping that her application may receive a favorable response
Your obt Svt
Lev Lindsay

Constance Guess deceased widow of Joseph
Act July 7, 1838
Admitted at $32.5 per annum from March 4, 1836 to August 26, 1843 when she died – excepting two years.
Certificate payable to James Guess her admin for benefit of himself and Peggy Hooker, Polly Guess Nancy Moss, Jinny Guess her only surviving children
Agent J J Coombs

[other affidavit’s also included]

[an affidavit from Stephen Riley adds the following additional information:]
[he states he’s known the family more than twenty years and lists the same children listed above but also states….]
I also knew one named Nancy but she has been dead several years as I have ever since heard and believed although I was not at her funeral. These six above are the only ones I ever had any knowledge of or acquaintance with or ever heard of as living since my recollection and that there was one also named William who died before my acquaintance with the family and that the above named Joseph and Constance Guess both died in this county and I am disinterested. …. [6th day of March 1854]

State of Kentucky
Caldwell County
On this 10th day of May 1853 before me, E P Watkins, an acting justice of the peace within and for the county and state aforesaid personally appeared John Guess aged fifty three (53) years a resident of the aforesaid county and state who being sworn according to law on his oath makes the following declaration to wit:
That in the year one thousand eight hundred and ten (1810) he lived in the county or Orange and State of North Carolina and was acquainted with Joseph Guess dec’d late of Caldwell Co and State of Kentucky then a resident of that county and with his wife Constance guess dec’d. That he lived near them and was well acquainted with their children. That the said Joseph and Constance Guess then and from that time until his death lived together as husband and wife and were generally reputed and believed to be so by all who knew them. That they always sustained characters without reproach and he has no doubts that they were lawfully married. He further declares that his own age is fifty three (53) years. That when about ten (10) years of age he was an associate and playmate of the children of the said Joseph and Constance Guess and that James Guess their oldest child was then at least twelve (12) years older than himself. That the said Joseph Guess and his family removed to the state of Kentucky and settled in Caldwell County and that subsequently he himself removed to the same county and settled near them and continued to live near them until the death of the said Joseph Guess on the ( ) day of ____ one thousand eight hundred and _____ ( ) That he left Constance Guess his widow who survived him and did not again marry but remained a widow until she died in the county of Caldwell and state of Kentucky on the ___ day of ___ one thousand eight hundred and _____ ( ) He further dclares that he is a disinterested witness.
John W? Guess
Subscribed and sworn……

[a power of attorney appointing George H Monsarret of Louisville Kentucky to represent James Guess is in the file, dated 6 Mar 1854]

[a power of attorney appointing J J Coombs of Washington to represent James Guess is in the file dated 10 Mar 1853]

[James Guess, aged past 66 years, restates the birthdates of the children listed above, further stating that “we once had a bible record of our birth but the bible got stolen while we lived in Rutherfort County Tennessee (having been left one night at the school house which was broken open and that and many other books stolen at same time) and my parents got some one while we lived there to write down the above named record and I believe it is in the handwriting of one Stringfellow our school teacher (or perhaps his name was Stringer I forget which). There was one child between me and my sister Peggy but it died in infancy and its name is not on the list. I have always heard and believed that my parents above named were lawfully married in Caswell (I think) County North Carolina by a justice of the peace named Swift about a year previous to my birth and that my mothers name before said marriage was Constance Taylor. The memorandum on the back of the above named record “Childrens Ages 1825” I made (as well as I remember) myself at that date, but the record itself is several years older than that date.”…. 6 March 1854 [signed James Guess]

[note from Debbie: these documents are obviously out of chronological order, but it’s the way they appear in the file as presented]

Commonwealth of Kentucky County of Caldwell
Monday May term 1841
17 May 1841
……… Constance Guess appeared and stated:
She was married to Joseph Guess on 11 January 1785 in Caswell County North Carolina
She lived with him as his wife until his death
He died 14 January 1835 in Caldwell County Kentucky
She has not remarried
He was a pensioner at the time of his death
She is 74 years old
She lives in Caldwell County Kentucky
John C Guess also appeared with her saying he knew them and knew they were married and that the marriage took place “some fifty two or three years ago” and that he was not present at the marriage but lived with ? Joseph at deponents fathers at the time of the marriage and that ? Joseph left his fathers house to get married and returned in about a week with his wife the said Constance and lived with her as his wife till his death and that they had seven children, five of whom are now living”
James Guess also testified
James was fifty two years of age; he again talks about the bible being lost and said “the loss happened by a sister carrying the bible to school to read in where she left it for the night….”