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Affidavits/Certificates of Barton and Mary (Alley) Smoot of Henrico Co., VA
Posted by: Richard Cottrell (ID *****2793) Date: January 02, 2008 at 18:12:03
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Barton and Mary (Alley) Smoot gave affidavits/certificates for Martha (Cottrell) Rice in Henrico Co., VA.

Revolution War file of Richard and Martha Rice W. 5694

Page 4 Certificate of Martha Rice

State of Va Henrico County To wit:
On this 29 day of August 1844 personally appeared before me Thos J. Dicken a Justice of the Peace in and for the county and State aforesaid Mrs. Martha Rice aged about eighty nine years widow of Richard Rice dec'd who first being duly sworn according to law doth on her oath make the following Declaration in order to obtain the benefit of the provision made by the act of congress passed July 7th 1838.
That she is the widow of Richard Rice dec'd who was a soldier in the was of the Revolution she is unable to say precisely how long her husband was in service, what officers he was under at any time, or what Battles he was engaged in, but believe her husband the said Richard was about five years in Service from what he has frequently told her, she recollects seeing his discharge which he had when he died, but since his death it has been mislaid or lost, she has also heard him speak of having been to the south. She was married to the said Richard Rice in the County of Henrico sometime in the fall of the year 1781 or Eighty two or perhaps later by Parson Webber not having a family register she cannot be positive as to the time only that it was prior to 1794. That her husband aforesaid died sometime about the year 1800 and that she has remained a widow ever since his death as will more fully appear by reference to the proof hereto annexed. Sworn to and Subscribed on this 29 day of August 1844 before me Martha (her mark) Rice Thos J. Dicken J.Peace

I furthermore certify that Mrs. Martha Rice above named widow of Richard Rice dec'd (who is said to have been a Revolutionary Soldier) is a Lady of Respectability and from old age and bodily informity is unable to attend court.
Given under my hand this 29 day of August 1844. Thos J. Dicken J.Peace

Page 6 Certificate of Joseph Brown

I Joseph Brown of the County of Henrico and State of Virginia aged about Eighty years do hereby certify that I was well acquainted with Richard Rice dec'd who was an old Revolutionary Soldier and died in this County many years ago and being called on to say what I know of service of Richard Rice during the Revolutionary War and also of his marriage to Martha Cotrell whom he left a widow. I have to state that I was not old enough myself to be in the old war, but I know that Richard Rice did enlist for three years and that after he served his enlistment out he was again in service and I have always heard that he served about five years in all. I have frequently that said Rice and my father Micajah Brown speak of ther hardships during the war. And I also recollect that Richard Rice, Thomas Ginnett and my said Father were called the Regulars and that Thomas Ginnett till he died drew a pension of 96$. I also certify that the said Richard Rice was married to Martha Cotrell daughter of old Richard Cotrell of this county prior to the year 1794, and that my belief is that it was not long after the close of the war for shortly after they was married. The Richard Rice & wife Martha moved to the County of Buckingham Va where they lived two or three years after which time they moved back to Henrico to Richard Cotrell's his wifes Father and in about ten years he the said Richd Rice died in this county about the year 1800 as well as I can recollect. Given under my hand this 16th day of September 1845. Joseph (his mark) Brown

Page 7

State of Va County of Henrico SS.
Be it known that before the subscriber a Justice of the peace in and for the county aforesaid personally appeared Joseph Brown whose name is signed to the foregoing certificate (concerning Richard Rice dec'd and his widow Martha) and made oath in due form of law to the truth of said certificate. I also certify that Mr. Brown is a credible person and that I am perfectly satisfied that the facts he has set forth are true. Given under my hand this 16th day of September 1845. Geo. F. Gary J.Peace

Virginia Henrico County to wit:
I Loftin N. Ellett Clerk of the County Court for the Said County of Henrico in the State of Virginia, do hereby certify that Geo. F. Gary whose name is subscribed to the above certificate was at the date thereof and is now an acting Justice of the peace in and for the County aforesaid duly commissioned and qualifies as such according to the laws of the said State and that his said signature is genuine to the best of my knowledge and belief. In Testimony whereof I hereto subscribe my name and annex the seal of the said Court this 18th day of September 1845. Loftin N. Ellett C.H.C.

Page 16

State of Virginia, Henrico County to wit:
I Loftin N. Ellett Clerk of the County Court for the said County of Henrico in the State of Virginia do certify that I have examined among the records of the said County Court for the marriage bond of Richard Rice to be intermarried with Martha Cottrell and no such bonds among the said records does appear. In Testimony whereof I hereto subscribe my name and annex the Seal of the said Courts this 2d day of September 1845. Loftin N. Ellett C.H.C.

Page 21

Richard Rice is entitled to the proportion of land allowed a private of the Continental line for three years Service. Council Chamber Samuel Coleman Dec. 3d 1795 Robert Brooke

Buckingham 18th November 1788
I assign over my right, title & for value received to Thomas Molley his heirs and assigns forever. Richard (his mark) Rice Test: John West

The above is an extract from the Records of the Virginia Land Office. Teste. T.H. Parker Reg. L. Office

Page 22 Certificate of Mary Smoote

I Mary Smoote of the County of Henrico and State of Va certify that sometime during last spring I gave a certificate in relation to the marriage of Richard Rice to Martha Cotrell in which I stated that they were married in or about the year (1782) Seventeen hundred and Eighty two and having called on to state what events or circumstances cause me to remember the fact do certify that the cause of my recollecting it was that it was the first wedding I ever went to and I was about fifteen years of age at the time and I am now nearly Seventy nine years old. Given under my hand this 20th day of November 1845. Mary Smoote

State of Va Henrico County Court
This day personally appeared before me a Justice of the peace in and for the County & State aforesaid Mrs Mary Smoote and made oath to the truth of the above certificate. I also certify that she is a Lady of Respectability and her word entitled to full credit. Given under my hand this 20th day of November 1845. Thomas E. Nuckols J.Peace

State of Virginia Henrico County to wit:
I Loftin N. Ellett Clerk of the County Court for the said County of Henrico in the State of Virginia, do hereby certify that Thomas E. Nuckols is a magistrate as above and that the foregoing signature purporting to be his is in my opinion genuine. In testimony whereof I hereto subscribe my name and annex the seal of the said Court this 25th day of November 1845. Loftin N. Ellett C.H.C.

Page 24 Certificate of Mary Smoot and Barton Smoot

I Mary Smoot of the County of Henrico and State of Virginia do hereby certify that I was well acquainted with Richard Rice dec'd who was the husband of Martha Rice of this County and State. I always understood that he was an enlisted soldier in the war of the Revolution and served an enlistment of three years. I also certify that I was present when the said Richard was married to Martha Cotrell (whom he left a widow some forty odd years ago) and that they since were married about the year Seventeen hundred and Eight two after he returned from service. I also certify that I am now seventy eight years old. Given under my hand this 3rd day of April 1845. Mary Smoot

I Barton Smoot of the County of Henrico and State of Virginia aged seventy two & ten months years do hereby certify that I was well acquainted with Richard Rice dec'd and also his widow Martha formerly Martha Cotrell for I was raised in the neighbourhood of the said Richard's Father and that I have always understood that the said Richard Rice enlisted in the Revolutionary War for a term of three years, and served hs term fully out, he was generally looked on as an old Revolutionary Soldier and I have conversed with him frequently about his being in the war, and heard him speak of his having been engaged in several different battles. After he returned from service he married Miss Martha Cotrell and lived in the same neighbourhood that I did ten or fifteen years. Given under my hand this 3rd day of April 1845. Barton Smoot

Page 25

State of Virginia County of Henrico ss.
This day personally appeared before me a Justice of the peace in and for the County aforesaid Barton and Mary Smoote whose names are signed to the foregoing certificates and made oaths in due form of law to the truth of this respective certificates. I also certify that the said Barton Smoote and Mary Smoote are persons of credibility. Given under my hand this 3rd day of April 1845. Thomas E. Nuckols J.Peace

State of Virginia Henrico County to wit:
I Loftin N. Ellett Clerk of the County Court for the said County of Henrico in the State of Virginia do hereby certify that Thomas E. Nuckols whose name is suscribed above, is an acting Justice of the peace in and for the County aforesaid, duly commissioned and qualified as such according to law, and that the said signature purporting to be his is genuine to the best of my knowledge and belief. In Testimony whereof I hereto subscribe my name and annex the Seal of the said Court this 9th day of April 1845. Loftin N. Ellett C.H.C.


Richard





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