Indian War Survivor's Pension Application for Willis W. Duke

Indian War Pensions, Act of July 27, 1892.

Declaration of survivor for pension who served between 1832 and 1842, inclusive.

State of Alabama, County of Winston

On this 24^th day of January, A.D. one thousand eight hundred and ninety-eight, personally appeared before me, a J.P. within and for the County and State aforesaid, Willis Duke, aged 79 years, a resident of Tavern, County of Winston, State of Ala., who, being by my first duly sworn according to law, deposes and says:

That he is a citizen of the United States, and is the identical Willis Duke who served under the name of Willis Duke as a private in the company commanded by Captain Bird Colverson in the Shepard regiment of Ga. Vols. commanded by Col. J.C. Shepard in the Indian war of 1836 + 37. That he enlisted at LaGrange, Troup, on or about the 1^st day of June, A.D. 1836, for the term of 6 months, and was honorably discharged at Columbus, Ga., on the 1^st day of Dec., A.D. 1836. That he is not married; that the maiden name of his wife was Mary Hagler, to whom he was married at Troup Co. in the State of Ga., on the 8^th day of Feb., A.D. 1842; that his wife is now dead, having died on the 12^th day of Oct., A.D. 1895 at Tavern in the State of Alabama; that he has not since remarried.

That in support and proof of his right to pension he will hereafter submit such evidence as may be required under the rules and regulations prescribed by the Secretary of the Interior. That he has not heretofore made application for pension or bounty-land. That since his discharge he has resided as follows, to wit: 40 years in Heard Co., Ga., remained in Ala. That he makes this declaration for the purpose of being placed on the pension-roll of the United States under the provisions of the Act of July 27^th, 1892. That he hereby appoints, with full power of substitution and revocation, Edward S. Bailey of Washington, D.C., his true and lawful attorney to prosecute his claim.

His post-office address is Tavern, Winston Co., Ala.

Willis Duke, his mark

A.J. Duke, his mark

T.C. Duke, his mark

J.C. Hogan

J.M. Segars

Articles of Agreement

Whereas I, Willis Duke, late a private in Company ______ of the Ga. Vols., Indian War, having made application for pension under the laws of the United States: No. 5.325

Now this Agreement Witnesseth: That for and in consideration of services done and to be done in the premises, I hereby agree to allow my attorney, Edward S. Bailey of Washington D.C. the fee of twenty-five dollars, which shall include all amounts to be paid for any services in the furtherance of said claim; and said fee shall not be demanded by or payable to my said attorney, in whole or in part, except in case of the granting of my pension by the Commissioner of Pensions; and that the same shall be paid to him in accordance with the provisions of Sections 4768 and 4769 of the Revised Statutes, U.S.

Willis Dukes, his mark

H. Luoney

D. A. Beavers

State of Alabama, County of Winston

Be it known, That on this, the 23^rd day of March, A.D. 1898, personally appeared Willis Duke, the above named, who, after having had read over to him in the hearing and presence of the two attesting witnesses the contents of the foregoing articles of agreement, voluntarily signed and acknowledged the same to be his free act and deed.

A.M. Luoney, J.P.

Attorney's Acceptance

And Now, to wit, this sixth day of April, A.D. 1898, I accept the provisions contained in the foregoing articles of agreement, and will to the best of my ability, endeavor faithfully to represent the interests of the claimant in the premises, and I hereby certify that I have received from the claimant above named the sum of no dollars, and no more; no dollars being for fee, and the sum of no dollars being for postage and other expenses. And that these agreements have been executed in duplicate without additional cost to the claimant, as required by law, in excess of the fee above named, I making no charge therefor.

Witness my hand the year and day above written.

Edward S. Bailey

Washington, D.C.

Personally came Edward S. Bailey, whom I know to be the person he represents himself to be, and who, having signed the above acceptance of agreement, acknowledged the same to be his free act and deed.

Witness my hand and seal this sixth day of April, 1898.

John L. Fletcher

Wsh., D.C.

Survivor's Pension 5325

Claimant: Willis Duke

P.O.: Tavern

County: Winston

State: Ala.

Alleged Rank: Private

Alleged Company: Capt. Bird Colverson's Co.

Alleged Regiment: Ga. Vols., Indian Wars

Recognized Attorney

Name: Edward S. Bailey

P.O.: Washington, D.C.

Fee: $25.00

Articles filed: April 7, 1898

Approvals

Submitted for: "Rejection" May 3^rd, 1898, J. T., Examiner

Approved for: rejection. No record in the War Department of the service alleged.

May 7, 1989, [illegible signature], Legal Reviewer

Not pensioned under other laws.

Declaration filed Feb. 24, 1898. Alleges service in above company.

Claimant does not write.

Rejected May 24, 1898.

J.H., Ex'r.

Department of the Interior, Bureau of Pensions

Washington, D.C., March 11, 1898

Ind. War Sur. No. 5325

Willis Duke

Sir:

For use in the above-entitled claim for pension, you are requested to furnish a statement of the service of Willis Duke, who, it is alleged, enlisted June 1^st, 1836-'37 in Capt. "Bird Colverson's" Company of Ga. Vols., Ind. War, and was discharged Dec. 1^st, 1836-'37. Service is alleged in Co. Shepherd's Regiment.

Please state whether the organization was mustered into the service of the United States, and was at the seat of war for a period of thirty days.

Very respectfully,

[illegible] Evans, Commissioner

[first copy]

To Chief Record and Pension Office, War Department

[second copy]

To Hon. Auditor for War Department, Treasury Department

Treasury Department

Office of the Auditor for the War Department

Washington, D.C., Mch. 21, 1898

Respectfully returned to the Hon. Commissioner of Pensions.

In the case of Willis Duke, late member Capt. Bird Colverson's Co., Geo. Volunteers, Indian Wars, no roll of said company is on file in this office.

W.W. Brown, Auditor

Ind. War

Pension Claim No. 5325

B., Ex'r.

Department of the Interior, Bureau of Pensions

Washington, D.C., March 10, 1898

Ind. War Surv. Orig. No. 5325

Willis Duke

Indian War

Sir:

Will you kindly answer, at your earliest convenience, the questions enumerated below? The information is requested for future use, and it may be of great value to our family.

Very respectfully,

[illegible] Evans

Mr. Willis Duke

Tavern

Winston Co., Ala.

No. 1. Are you a married man? If so, please state your wife's full name, and her maiden name. Answer: No, Mary Hagler

No. 2. When, where, and by whom were you married? Answer: 1842, by Wilson Strickland, J.P.

No. 3. What record of marriage exists? Answer: Record in LaGrange, Ga., Troup County

No. 4. Were you previously married? If so, please state the name of your former wife and the date and place of her death or divorce. Answer: [none]

No. 5. Have you any children living? If so, please state their names and the dates of their birth. Answer: yes, R.A. Dukes, born in 1846; J.R. Dukes, 1848; R.H. Dukes, born in 1850; Mary Dukes, 1852

Date of reply: March 1898.

Willis Dukes

No. 5325

Survivor's Service Pension

Indian Wars

Act of July 28, 1892

Willis Duke

Tavern, Wiston Co., Ala.

Capt. Colverson

Ga Vols.

Age 79

No O.W. Inv. or Mex. Sur. claim on file Mch. 9, 1898

Arnold, Clerk

Received Feb. 24, 1898

Edward S. Baily

City

[opposite side]

To Examiner:

Bounty land claim cannot be identified from data given. When service is established please return for further search.

Simmons

Mch. 10, 1898

Ind. Surv.

Claim No. 5325

Willis Duke

Department of the Interior

Bureau of Pensions

Submitted for "Rejection"

No record of alleged service.

(no rolls of company)

J.H.

5-3-98

Ind War Sur. 5325

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