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Mary Fazenbaker Shriver Layton b.1820s
Posted by: Walt Warnick Date: December 17, 2000 at 19:04:51
In Reply to: Re: Jennie Fazenbaker, 1822-1924 by Bob McFadden of 68

Cousin Bob, Here is everything I have about your ancestor Mary Fazenbaker.

Mary Fazenbaker was born in the 1820s. She married 1) Frederick W. Shriver who was born in Germany. At the time of the 1850 census, the family was living in Allegany County. Frederick was a blacksmith. Mary and Frederick had three children: Jacob, Henry, and Lavinia.

On 10/9/1856 at Westernport, Mary married 2) Peter Layton who was born 2/29/1828. The ceremony was performed by Reverend S. Shannon. At the time of the 1860 census, Peter headed a household that included Mary and several of her children.

On 12/30/1861, Peter enlisted in Company A, 3rd Regiment, Potomac Home Brigade. This is the same unit joined by many others connected with the Fazenbaker family. Peter was among those captured by the Confederates at Moorefield, now WV, in June 1862. The terms of the surrender made Peter and his compatriots unwelcome in the army, and he and many others were discharged at Annapolis around 9/30/1862.

After being separated from the army for almost two years, Peter was drafted. On 9/19/1864, he enrolled in Company D, 5th Regiment Maryland Volunteer Infantry. Peter served out his tour of duty and was discharged on 6/15/1865 soon after the close of the War. He was a private.

At the time of the 1870 census, Peter headed a household that included Mary and Peter's children: Rachel Alice, "Lizzie", Grace, and "Mandy". All three of Mary's known Shriver children were living in a nearby household headed by Mary's son Jacob and which included Mary's mother Elizabeth (Reckner) Fazenbaker.

At the time of the 1880 census, Peter was head of household that included Mary and their children. In addition, the household included their granddaughter "Alsada," daughter of daughter Rachel Alice, who was also in the household.

On 9/22/1891, Peter applied for a pension by virtue of his service in the Civil War. He used as his attorney Justice of the Peace and cousin Jefferson S. Facenbaker. Stepsons Jacob "Schriber" and Henry "Schriber" made their marks on affidavits in support of Peter's application. Many veterans applied for pensions about this time, as a law enacted 6/27/1890 made it possible for disabled soldiers to obtain pensions without having to show that their disabilities were service connected.

Peter's application was initially denied, but he reapplied. On 8/23/1897, three sons-in-law Alban Fazenbaker, Marks Fazenbaker, and George S. Warnick each swore to affidavits supporting the pension application. Peter's pension was ultimately approved at a rate of $6 per month. Approval was made retroactive to the date of first application, so that the first check, which was cashed 2/12/1898, was $436.40, a large amount in those days.

A young Barton attorney who had assisted with the latter phase of Peter's pension application requested that Peter pay the huge sum of $100 for legal fees. The government had regulations prohibiting such practices. Indeed, the government set a ceiling on legal fees of $10, which it paid to the attorneys of successful applicants. James Campbell, a prominent citizen of Barton, heard that this attorney was levying special charges on pensioners, and was indignant. He called upon the government to investigate, which it did. Ultimately, the Barton attorney was criminally prosecuted and convicted, and Peter regained his $100. Two other pensioners also recouped illegally charged fees from this same attorney. One of these was Sarah Warnick, widow of cousin James Warnick.

The records of this affair at the National Archives show some additional information. It was noted that, "the pensioner lives on a little farm up in the mountains in a very thinly settled part of the County and seldom comes to town oftener than once or twice a month." Peter had retained a lawyer in Oakland about 1892 in an unrelated dispute with Lochiel Lumber Company about the ownership of his home. The lumber company was then cutting the virgin forest in and around the Savage River Valley.

Mary died 4/20/1893. In 1897 and 1898, Peter responded to two separate government questionnaires asking pensioners to provide family information. When questioned whether he was married, Peter responded, "Yes, I was but my wife is dead. Her maiden name was Mary Fazenbaker." Peter went on to provide the names and birthdates of his four surviving children.

At the time of the 1900 census, Peter was again head of household; he was listed as a widower. In the household were daughters "Lizzie" and Grace and a grandson William whose parents are not known by the author. The family was living at the Elbow area of eastern Garrett County. A physical exam at this time showed that Peter was tall and thin, standing 6' 1" tall and weighing 150 pounds.

At the time of the 1910 census, Peter's household was next door to stepson Jacob Shriver's. Peter's household included daughters "Lizzie," Grace, grandsons Sylvester Fazenbaker (son of daughter Mandy), John Layton (son of daughter Lizzie), and William Warnick (son of daughter Rachel Alice).

Prominent Barton merchant Henry Creutzburg helped Peter file for an increase in his pension authorized by the Act of 2/6/1907.

In August 1911, Peter came down with erysipelas, a streptococcus infection of the skin, now easily cured with penicillin. Peter was treated by cousin Dr. Charles Fazenbaker, but medical science was too crude at that time to help Peter. He died 2/25/1912. His daughter Lizzie applied to the government, with supporting affidavits from Levi Biddinger and others, for help with funeral expenses of $57.50 sought by D. S. Boal, Undertaker and Embalmer. Lizzie noted that Peter was buried on the farm of H. H. Warnick two miles from Barton.

Walt Warnick


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