Back to Because the following deposition by his son Newberry York is the only known personal account concerning the family and military career of William York, it is transcribed in its entirety from a photocopy of the original. The deponent's petition was later denied.
"On this 18th day of October A.D. 1852 personally appeared in open court in the Probate Court of the county of Darke and State of Ohio Newberry York of said county aged sixty seven years, who being duly sworn according to law, doth on his oath make the following statement in order on behalf of himself and other children of William York, late of the county of Cass and State of Indiana, to obtain the benefit as such heirs of the provisions of the several acts of Congress granting pensions to Revolutionary Soldiers, and particular by the Act of 1828 --
"That said William York as deponent is informed and believes enlisted in the Army of the United States about the commencement of the War of the Revolution" [inserted above line: "about the year 1777] in the State of North Carolina, but the town from which and the precise time of his enlistment deponent cannot state -- Said William York about the commencement of the War lived in the State of Virginia near the North Carolina line -- Deponent is informed said William York was taken prisoner by the British, and remained some time in captivity, but subsequently was exchanged or made his escape and went into service again in the State of North Carolina -- The names of the officers under whom, and the number of the Regiment in which he served, except he is informed, he served a part of the time under Captain Dixon, are not known to Deponent, nor the precise period of his service, but that he enlisted during the war, and continued in service until the end of said Revolutionary War when he received an honorable discharge, but which deponent says he supposes is now lost or destroyed, as it cannot no be found -- But Deponent recollects, about twenty five years ago hearing said William York and one Martin Nickles talking about the discharge of said William York, and he said that he had his discharge, but Deponent has not heard of it since --
"Deponent further states that said William York was married to Lydia Busson, probably about the year A.D. 1781, but of the precise time he is not certain, in North Carolina, and had by her children and heirs at law as follows: Aaron York who was drowned in 1820, aged about 40 years and left a widow and two children living, who went South about ten days after said Aaron's death, and have never been heard of since by this deponent -- Next Joseph York, who died when about two weeks old -- Mary who married Thomas I. Moore, and last fall was living in Greencastle, Indiana. Newberry York the deponent who now lives in Darke county, Ohio, aged sixty seven years -- William York who died aged about thirteen years, leaving no heirs -- Jeptha York who died in 1845, leaving a widow, two boys and five girls, all of whom were living last fall in Cass county, Indiana -- Mahala York, who married John Williams, and died in 1827 in Preble county, Ohio, leaving a husband and seven children but only three are now living -- Diamy York, who married John Winegardner, and now lives in Cass county, Indiana -- Clementa York who married James Elliott and now lives in Cass county, Indiana -- Clarissa York who married John Mattox and now lives in White county, Indiana.
"Deponent further states that his father William York died as he is informed and believes on the 6th day of September A.D. 1839 in Cass county, Indiana and was as he thinks about eighty four years of age at the time of his death -- Deponent further states that his said father left a widow Lydia York, to whom he was married as aforesaid, who, as he is informed & believes died as his widow in the Spring of 1841 in Cass county, Indiana, aged about seventy nine years.
"Deponent further states that soon after the close of said Revolutionary War, not more than a year, if that long, he moved to Warren County, State of Georgia, but which county has since been divided and that part called Columbia county, where he resided about twenty one" [inserted above line: "or two] years. He then moved to Preble county, Ohio, where he resided untill about A.D. 1835, and then removed to Cass county, Indiana where he died aforesaid. Deponent knows of no documentary evidence except what may be found at the War and State departments, to prove the service of his father. Nor does he know of any person now living, by whom said service can be proven, as those who served with him are probably dead.
"Deponent has frequently from his earliest recollections heard his father speaking and talking about being in the Revolutionary War and the Battles he was in, and thinks he named the Battle of Brandywine and others, and of captivity and hardships & privations endured. Deponent has heard his father talk of his house being burned by the British, in North Carolina, where all his household furniture, which was small, was destroyed. Deponent has seen his father have Continental Money, which he said he got from his service in said War, and one Bill his father gave him, which Deponent kept a long time but supposes is lost now."
[signed] "Newberry York"
"Sworn to & Subscribed before me this 18th day of October 1852"
[signed] "John Wharry Probate Judge" in Darke Co., OH.
NOTE: I believe that Newberry is in error concerning his father's move to Georgia. An analysis of the formation of early Georgia counties reveals that Warren Co. was formed from Columbia Co. in 1793 and Columbia Co. formed from Richmond Co. in 1790. However, when Columbia was newly formed it's western portion had been considered part of Wilkes Co. If we postulate that William York settled in a southwestern portion of Wilkes Co., GA, before 1790, then that land might in turn have become Columbia Co. in 1790, and finally Warren Co. by 1793. It remained Warren Co. until the YORKs migrated to Preble Co., OH, abt 1808.
Transcription:
"I Newberry York of the County of Darke and State of Ohio do make this my Last Will and testimony. I will to my beloved wife Nancy York in lieu of her dower the whole entire rent of the farm on which I now live containing about one Hundred acres and if the executor hereafter appointed shall sell said farm then my widow Nancy York shall have the whole entire interest of the said farm in cash at six Per cent on the Dollar.
"I also will to my beloved wife Nancy all my personal property, money and credits except that all she may give into the hands of my executor to sell at Public Sale to pay my debts. "And at the death of my said wife I will to my said heirs the remainder of money and notes. To Jeremiah York's heirs one Hundred Dollars to be equally divided amongst them, to wit Mary Hole, Lyda Mendinghall, John York, Sureptay York, Richard York, William York, Rachel York, Carline Cottrell.
"I will to Jeptha York's heir named Ann Ashman the sum of two Dollars, and after all the debts and claims are paid the remainder of my estate to be equally divided betwixt the six heirs hereafter named, to wit Joseph York, William York, Nicholas S. York, Newberry E. York, Didamia Miller, and Rebeca Armstrong, being the six heirs.
"I do appoint and empower my son N S York my executor of this my last will and testimony empowering him to sell and convey either by Public or Private the farm and to make deeds as the law requires. [signed] Newberry York March 3th, 1862."
[NOTE: there are two versions of this will, one with punctuation and spelling errors, and one without such imperfections. This transcription is taken from the one with errors, but these have mostly been corrected for readability except in the spelling of names.]
Newberry was commissioned a Justice of the Peace for the following terms: Wayne Twp: 1827-1830; Richland Twp: 1834-1835 (resigned 6-5-1835); Richland Twp: 1835-1838; Richland Twp: 1838-1840 (resigned 3-20-1840). The preceding list was taken from Darke County Common Pleas Court Records 1817-1860, pp 137-140, extracting names from "Record of Justices Commissions and Elections". It should, however, be noted that this list of commissions must be incomplete because Darke Co. Marriage records indicate that Newberry York performed a total of 17 marriages - two in 1824 and one in 1848. The 1848 marriage was said to have been performed in York Twp, which township was named in Newberry's honor.
...From Darke County Common Pleas Court Records 1817-1860:Darke County, Ohio, Deed Records 1817-1834, Short & Bowers, 1977:
8- 5-1826: David Morris & Eliza to Newberry York for $9.25, E1/2 NW1/4 S19
T10 R4 - purchased by David Morris from Auditor DCO, taxed in
name of Mary Atchison. [p 38]
8-13-1827: William Hole & Elizabeth to Newberry York for $250, 60 acres
pt NW1/4 S19 T10 R4 --lines Richard Brandon, Allen Reed.
Recorded 8-4-1830. [p 71]
Abstract: daughter Sarah J. Bayman, family farm of 147 acres in E1/2 S8, T11, R3 (York Twp) and lots in Ansonia, other heirs mentioned but not named execpt sons Irvin and N.F. as executors.
On July 30, 1901, the date of probate, the following agreement was signed by the heirs:
"Whereas Nicholas S. York died testate July 1st, 1901, and whereas the Third Item [...unreadable...] and devised to his daughter, Sarah J. Bayman, Eight Hundred Dollars ($800.00) in full of her share and interest in his estate; and in Item Five he directed his executors to pay her said sum and no more, as her full share on final distribution of said estate.
"Now, therefore, we the undersigned, brothers and sisters, nephews and nieces, of said Sarah J. Bayman and children and grandchildren of said N. S. York, deceased, in consideration of natural love and affection, and for the purpose of preserving the peace and amity of our said family, hereby agree that in consideration that the said Sarah J. Bayman shall release said estate from the payment of Eight Hundred Dollars ($800.00), and cancel Item Three of said will, that she shall be, and is hereby made, a full heir in said estate, and entitled to receive from the executors on final distribution an amount equal to any of her brothers and sisters, and that the executors are hereby directed to divide said estate after the death of our said mother and the payment of the funeral expenses provided therein into as many parts as there are children and representatives of deceased children of the said N. S. York, and to pay each including said Sarah J. Bayman, equal amounts; so that each child of said N. S. York and the representatives of any deceased child of said N.S. York shall each receive one-seventh part thereof
July 30, 1901
The above transcription was made from a poor photocopy of a typed document with some handwritten insertions, some signatures cut off and, therefore missing. The signature of Jennie does look like Heeter, but June York reports that Jennie married John Deeter. Jennie and Peter are heirs of Nicholas' son Elijah.]
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