Signature of Edward B. Walker Genealogy of Edward B. Walker
1756-1838, Duplin County, North Carolina - Sullivan, Claiborne, Hancock Counties, Tennessee

 

Mary (Tussey) Walker's Attempt


24 August 1854

This document was misfiled in the application of an Edward Walker of Virginia, S.41302. It clearly, however, relates to Edward B. because of the references to Claiborne County, Joseph and Mary Walker, and their son Jacob, who was the justice of the peace for these documents.

Mary (Tussey) Walker, wife of Edward's oldest son Joseph, had become the legal representative for the estates of both Edward B. and Jane (Horn) Walker, so clearly Jane had died. Given the apparently lack of will especially, the only satisfactory explanation for this state of affairs is that Joseph have been the executor of both estates, with Mary inheriting that role. In other words, in all probability, Jane (Horn) Walker died before her son Joseph; otherwise, one would expect that Edward Jr. or at least one of her children would have represented the estate.

Mary signed a power of attorney to a Washington, D.C., lawyer named Charles C. Tucker in an attempt to claim Jane's pension; quite possibly, Mary, and not Jane, may have been responsible for McAnnally's attempt. There are no records of any correspondence from or to Tucker within the pension files, and, in fact, no more records whatsoever until 1877.

Tucker's name appears in a number of pension applications transcribed on the Internet as a D.C. attorney working with pensions. Although only pure speculation, he perhaps stopped in at the War Department, asked about Edward's pension and, finding that the time had expired as explained to J. K. McAnnally, thought it pointless to pursue the matter further.

Much of the information in this document is preprinted; only the italicized portions were written in by hand. Also note that text is written in a rather scattered manner in the first portion of the power of attorney and has been deciphered as best as possible into the intended meaning.

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POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS,
That I, Mary Walker Widdow [sic] of Joseph Walker (Dec), of the County of Claiborn [sic] and State of Tennessee, the legal representative of ["Jane Walker" crossed out] and the ["widow of" crossed out] Edward Walker (deceased) who is the identical man Edward Walker and heir at law of Edward and Jane Walker who was engaged in the Army of the Revolutionary War and that she made application for a pension from the County of Claiborn State of Tennessee in an act of Congress passed July 7th 1838 due on account of the services of the her said husband as aforesaid do hereby constitute and appoint Charles C. Tucker of Washington, D. C. my true and lawful Attorney and Agent for me and in my name, to prepare and prosecute claim for a Revolutionary pension by reason of the services of her ["said" crossed out] husband the aforesaid - Edward Walker (decsd) in the Revolution and I hereby empower my said Attorney for me and in my name to prepart and prosecute against the Government of the United States, before any Department or the Archives thereof, any and all claim or claims, have arrears of pay or pension money under any Act or Acts, Resolution or Resolutions or Congress of the United States, and especially the Acts of 4th July, 1836, 7th July, 1838, 3d March, 1843, 17th June, 1844, 21 February, 1848, 29th July, 1848, 3rd Feb., 1853, as well as the more ancient Acts of 18th March, 1818, 15th May, 1828, 7th June, 1832, 5th July, 1832, and all other Acts bearing upon interest of said claim, we hereby seek the investigation of by [sic]

Said Attorney is moreover authorized in my name, to examine all records and documents in reference to said claim on file in the Department at Washington, D.C., to file additional evidence and argument, and to do all lawful Acts and things whatsoever touching the premises, with full power of substitution. Hereby revoking and countermanding all former powers of Attorney that may have been given in the premises interlined before assigned

Witness my hand and seal, this 28 day of August 1854

Mary Walker [her mark]

State of Tennessee
County of Claiborne

Be it known that on the 24 day of August 1854, before me the subscriber, a Justice of the Peace in and for the county and State aforesaid, personally appeared Mary Walker the subscriber of the foregoing Power of Attorney, and acknowledged the signing, sealing and delivering the same to be her own Voluntary Act and deed for the uses and purposes therein set forth, and I hereby certify that I believe her to be directly interested in said claim as set forth, and is known to me to be a reputable resident citizen of the county and State aforesaid; and I have no interest in the result of this claim, nor concerned in its prosecution.

In testimony whereof, I have hereunto set my hand. and seal
Jacob Walker
J P for C Cty

State of Tennessee
Claiborne County


I Thos J Johnson Clerk of the county court of said County do hereby certify that the above named Jacob Walker whose name appears to the above is an acting Justice of the Peace in and for said county Duly commissioned and qualified as the law Directs and that full faith and credit and [sic] ought to be given to all of his official acts as such

Given under my hand at office in Tazewell the 28th of Sept 1854

Thomas J Johnson
Clk

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All original material © 2007-9 by Phillip A. Walker or by cited authors. Submissions are welcome. Reuse allowed under limited conditions. Page last modified Sunday, 09-Sep-2018 13:19:42 MDT .