I was happy to make contact with another Litteral cousin this week, David Litteral. David is descended from John Litteral and Elizabeth Rowland through their second son Daniel as am I. David has done extensive research on our family for years and he has graciously volunteered to share it with us. Several years ago, he visited the National Archives and transcribed the file for a pension filed by Elizabeth (Rowland) Litteral that she filed in 1875–35 years after her husband’s death. Sadly her claim was denied due to a question of records and almost no surviving witnesses to corroborate her sworn testimony. The reason for filing so long after her husband’s death appears to be an act of Congress from 14FEB1871. Elizabeth would die in 1878 at age 86.
The following is David Litteral’s transcription of the pension file, followed by his notes and remarks. I have also placed a downloadable PDF here. Thank you David for sharing such a wonderful treasure with us!
War of 1812
Widow Declaration for Pension
State of Kentucky
County of Johnson
January 15 1875
On this 15th day of January 1875 personally appearing before the Clerk
of Johnson County in and for this County and State aforesaid Elizabeth
Litteral aged eighty four years is a resident of this County of Johnson
in this State of Kentucky. She having duly sworn according to law,
declared that she is the widow of John Litteral who served the full
period of sixty days in the military service of the United States in the
War of 1812 and who was the identical John Litteral who was drafted in
the Capt. G. W. Kemp’s Company; Col. Coonce Regiment; Gen. Taylor’s
Brigade at Lee County, State of Virginia on the xx day of September
1813. And, was honorably discharged at xxxfalls Va. on or about this xx
day of January 1814. As well as she now remembers, these were the dates
of her said husband’s enlistment and discharge and that the above was
his officers as she now remembers. She was married under the name of
Elizabeth Rowland to said John Litteral in the month of August 1807, but
does not remember the day, in the State of Tennessee, and does not
remember the name of the county. She states further that she does not
know who presided over the ceremony and that there is no individual
living that was present at the said marriage. She has no knowledge of
it and there being no legal barriers to this marriage that her said
husband died at his residence in Floyd County Kentucky on the 4th of
October 1840 and that she has not remarried since his death. She
further swears that at no time during the late Rebellion against the
authorities of the U.S. did she or her said husband adhere to the cause
of the enemies of the Government giving them aid or comfort, or
exercised the function of any office whatever under any authority or
pretended authority in hostility to the U.S. She will support this
Constitution of the United States and that she is not in receipt of a
pension under any previous acts. She makes this declaration for the
purposes of being placed on the pension rolls of the United States under
the provisions of the act approved February 14 1871. She hereby
constitutes and appoints A.P. Cooper of Salyersville Magoffin County Ky.
her attorney to present his claim and obtain the pension certificate
that may issue therein that his post office address is Salyersville
Magoffin County Ky.
Attest: W. E. Litteral & A. J. Ward (signed)
Elizabeth Litteral (her mark)
Affidavit in Pension Application of
Elizabeth Litteral wife of
John Litteral Dec’d
War of 1812
The affiant Hairston Litteral, a resident of the County of Johnson in
the State of Kentucky deposes and says in relation to the aforesaid
claim:
1st. That my age is 66 years
2nd. That I am a son of the above named Elizabeth Litteral and John
Litteral, Dec’d
3rd. I was personally present when my Father, t he said John Litteral
died and that he died on the 4th day of October 1840 at his residence in
the in the County of Floyd in the State of Kentucky.
4th. That my Mother Elizabeth Litteral has remained a widow ever since
the death of said Father and is now a widow.
5th. That as far back as my memory can run, my Father and Mother, to
wit the above named Elizabeth and John Litteral lived and cohabited
together as husband and wife up to the date of my Father’s death as
above stated. And, that they were always so reputed and recognized by
the community in which they lived and the fact of this marriage was
never disputed nor questioned.
Hairston Litteral (signed)
Attest: H.J. Litteral & W.E. Litteral (signed)
Sworn to and subscribed before me by Hairston Literal and I hereby
certify that the foregoing affidavit was carefully read to and fully
explained to said affiant before swearing to and signing the same and
that said affiant is personally known to me to be respectable and
entitled to credit. I further certify that I am not interested in this
matter for a pension given under my hand and seal of said county this
15th day of January 1875.
T.S. Williams (signed)
Also, Personally affiants W.E Litteral and A.J. Ward residence of the
County of Johnson and State of Kentucky, persons whom I certify to be
respectable and entitled to the credit, and who being by me duly sworn
say they were present and saw Elizabeth Litteral make her mark to the
foregoing declaration and that they every reason to believe from the
appearance the said claimant and their acquaintances with her that she
is the identical person she represents herself to be, and she has not
remarried since the death of her said husband, but remains his widow and
at no time during the late Rebellion against the authorities of the U.S.
did she or her said husband adhere to the cause of the enemies of the
Government or give them aid or comfort, and that they have no interest
in this claim for a pension.
W.E. Litteral & A.J. Ward (signed)
Attest: Lindsey Litteral & R.A. Meed (signed)
Sworn to and subscribed before me this 15th day of January 1875 and I
hereby certify that the contents of the foregoing declaration and joint
affidavits were explained and fully made known to the respective parties
before swearing to and signing the same. And, that I have no interest
direct or indirect in this matter given under my hand and seal of said
County.
T.S. Williams
Add Evidence in Pension Claim of
Elizabeth Litteral Widow of
John Litteral
I Edward Conley a resident of the County of Magoffin in the State of Ky.
Depose and say in relation to the aforesaid claim that my age is about
seventy years. I further say that I was personally well acquainted with
the above named Elizabeth and John Litteral and when I first became
acquainted with them they were living together as husband and wife and
continued so to live up to the date of the said John Litteral’s death,
which was over twenty years from my first acquaintance with them to the
date of the said John Litteral’s death, which occurred in Floyd County
Ky. on or about the 4th day of October 1840. And, I further say that I
never heard the fact of the marriage of the said Elizabeth and John
Litteral disputed or questioned, and that they were regarded as man and
wife by the community in which they lived, that they had several
children born unto them which was treated as legitimate by them and the
community. I further say that I was personally present when the said
John Litteral died and that I have no interest in this matter.
Edward Conley (his mark)
Attest: Jilson P. Conley & Wm. Garlew (sp)
Sworn to and subscribed before me and on the same day personally
appeared Nancy Conley a resident of the County of Magoffin in the State
of Ky. who deposes and says that she is about eighty two years of age
and was personally well acquainted with Elizabeth Litteral who is an
applicant for a Pension under the Laws of the U.S. and also with her
husband John Litteral Dec’d who died in Floyd County Ky. On or about the
4th day of October 1840 and that she had been acquainted with said
Elizabeth and John Litteral for upwards of twenty years previous to the
death of said John Litteral. During the time I was acquainted with
them, they lived and cohabited together as man and wife and were so
reputed and recognized by the community in which they lived. They were
also living together when the said John Litteral died. She further says
that she saw said John Litteral after he died and before he was buried
and that she has no interest in this matter.
Nancy Conley (her mark)
Attest: Wm. Garlew & Isaith Conley
State of Kentucky, Magoffin County: I, B.F. Howard, Clerk of the
County Court in and for said county do hereby certify that the foregoing
affidavits of Edward and Nancy Conley were carefully read to and
understood by them before swearing to and signing the same, and I
further certify that said affiants personally appeared before me and
made oaths and signed said affidavits before me. The affiants are
personally known to me to be respectable and entitled to credit. I
further certify that I have no interest whatever in this matter given
under my hand and seal of said county this 16th day of February 1875.
B.F. Howard (signed)
August 1, 1924
—————————————————————————————–
Capt. Herbert H. Price
623 Allison St. N.W.
Washington D.C.
Sir:
I have to advise you that from the papers in the War of 1812
pension claim Widow Original No. 11321 it appears that John Litteral
married Elizabeth Rowland in August 1807 in Tennessee, the county not
stated. He died at his home in Floyd County Kentucky on October 4,
1840.
His widow Elizabeth applied for pension January 15, 1875 while
living in Johnson County, Kentucky aged eighty-four years, but the claim
was not allowed on account of insufficient service, as the record showed
that John Litteral served as a private in Lieutenant James Grahm’s
Company of Virginia Militia from September 19,1813 to October 29, 1813
and the pension laws required a service of at least sixty days.
They had several children; the only name given is Hairston who was
aged sixty-six years in 1875.
Respectfully,
Commissioner
—————————————————————————————-
Notes. The above information was found on file in the National
Archives, Washington D.C. In summary, it appears that Elizabeth in
1875, at the age of 84 (three years before her death), applied for a
pension and possibly a bounty land grant under an act approved by
Congress, 14 February 1871. Hairston, and Wiley, her grandsons filed
affidavits in support of their grandmother’s claim. Some of her
acquaintances, Edward and Nancy Conley (neighbors in Floyd Co) also filed affidavits. Remember that this claim
was filed 35 years after John had died and over 60 years from when he
served. The claim was denied as can be seen from the above letter from
Washington. It was disputed based on the number of days John served.
Sixty days was the requirement. Elizabeth claimed he served from
September 1813 to January 1814. The Government claimed he served from
September 19,1813 to October 29, 1813. I found only one Muster Role
report in his folder and it was dated the week of 5 October 1814. I
believe he served From September 1813 to at least October 1814 and the
Government wrongly denied the pension.
Also note that the letter denying the claim is dated August 1924, almost
fifty years after the denied claim. Someone else must have been arguing
the case. I wonder who? I also noted the letter stated that John was
in Lt. Graham’s Company of the Virginia Militia. The Muster Roll
clearly shows it was Bramham not Graham in the 41st Va. Militia. Wonder
what the history of this Militia says?