Mary COX ^{2 3}

  General Notes:

That Mary was one of the four unnamed daughters mentioned in the will of Moses Cox is established by the following facts: (1) pension records establish her maiden name was Mary Cox; (2) her future husband, Benjamin Scrivner, lived in the same tax district as Moses' widow, Sarah, in 1778; (3) Sarah's second husband, Thomas Todd, signed the marriage bond for the marriage of Benjamin Scrivner and Mary Cox; and (4) their first son was named Moses.

  Noted events in her life were:

1. Military Pension Application: 1837-1842, Smith County, Tennessee. ²

Selected excerpts relating to Mary's application for a surviving widow's pension, from War of the Revolution Pension File No. W6000 for Benjamin Scrivner:

State of Tennessee, Smith County:
"On this 23d day of September 1837 personally appeared before me Exum Whitley one of the acting Justices of the Peace in and for said County Mary Scrivener a resident of Smith County State of Tennessee and Seventy five years who being first duly sworn according to law doth on her oath make the following Declaration in order to obtain that benefit of the provision made by the act of Congress passed July the 4th 1836. That she is the widow of Benjamin Scrivener who was a Pensioner of the United States and drew his pension at Nashville State of Tennessee for services rendered during the War of the Revolution. She further declares that she was married to the said Benjamin Scrivener on the 28th day of December 1778. She knows this from new years day coming two days or three after her marriage. She recounts that when the battle of Guilford was fought her oldest child could stand alone and walk a little. She further declares that her husband the aforesaid Benjamin Scrivener died on the 16th day of March 1835 and that she has remained a widow ever since that period as will more fully appear by reference to the proof hereto annexed. She makes oath that she has no documentary testimony in support of her claim she and her husband having had their house burnt as often as twice in their lifetime and all his papers were burnt. She further Declares that from old age and bodily infirmity she cannot travel to the courthouse of her County in order to make this Declaration in open court. Sworn to and subscribed before me the Day and year first above mentioned." Signed by Mary (her X mark) Scrivner and Exum Whitley, Justice of the Peace. [Although Mary's signature was indicated to be by mark, both the spelling of the name and the handwriting suggests this might be her true signature.] There follows a certification by Exum Whitley, Justice of the Peace, dated 6 Nov 1837, to the effect he was well acquainted with Mary Scrivener, that because of old age and infirmity she could not travel to the courthouse without endangering her health, that she was a woman of truth and veracity, that he fully believed her statements, and that her statements should be given full faith and credit.

State of Tennessee, Smith County:
"On this day personally appeared Mary Briggs before me Exum Whitley one of the acting Justices of the peace in and for said County and Seventy Six years who being first duly sworn according to law makes oath that she was well acquainted with Benjamin Scrivener and his wife Mary Cox before and after their marriage. [Unstated was the fact that Mary Briggs was a sister of Benjamin Scrivner.] They were close neighbors in Roan County North Carolina about twelve miles from Salisbury. They were married by a Justice of the Peace his name was Matthew Troy called Squire Troy. They were married to the best of her recollection about the last Days of December say the 28 or 29th of December 1778. She further states that she was present and saw them married. She knows that Mary Scrivener and Benjamin Scrivener were lawfully married and that the said Mary Scrivener is the identical widow of the aforesaid Benjamin Scrivener a Pensioner Decd. She further states that they and she have lived neighbors ever since both in North Carolina and in this County and ever since they were married until the death of the said Benjamin Scrivener which took place in March 1835 and that she the said Mary Scrivener has remained a widow ever since that Period. Sworn to and subscribed before me this 4th day of October 1837." Signed by Mary (her X mark) Briggs and Exum Whitley, Justice of the Peace. Exum Whitley went on to certify that he was acquainted with Mary Briggs, that she was a woman of truth and veracity, and that full faith and credit ought to be attached to her statements.

State of Tennessee, Smith County:
"On this Day personally appeared John Warford a citizen of the County aforesaid before William H. Christian one of the acting Justices of the Peace in and for said County aged about 64 years who being first Duly Sworn according to the law makes oath that he was well acquainted with Benjamin Scrivener and his wife Mary Scrivner in Roan County North Carolina about fifteen miles from Salisbury during the last years of the War of the Revolution. He recollects the time of the British coming through North Carolina and the battle of Guilford. This affiant lived about three miles from Benjamin Scrivener at the time he was married to the said Mary Scrivener formerly Mary Cox. He knows therefore that there can be no doubt but that they were legally married by a Justice of the Peace of that County for he has been acquainted with them ever since that Period which was before the War of the Revolution terminate up to the time of the death of the said Benjamin Scrivener which was about three years ago. he was a Pensioner before he died. His wife Mary Scrivener lives about five miles from this affiant. Does not recolect precisely the Date of thier marriage but thinks he was but a small boy at that time. Knows that Benjamin Scrivener was in the Service in the war of the Revolution after he was married to the present widow Mary Scrivener. Knows that she is his identical widow and that she has not intermarried since his death. Sworn to and subscribed before me this 6th October 1837." Signed by John (his X mark) Warford and W. H. Christian, Justice of the Peace. [W. H. Christian went on to certify that he was well acquainted with John Warford and that he was a man of respectable standing and truth and that full faith and credit were due his statements.

A. Fergusson wrote a letter from Carthage, Tennessee on 8 Nov 1837 to James L. Edwards Esq., Commissioner of Pensions. In it, he stated that in his capacity as attorney or agent he was enclosing the Declaration and proof in the case of Mary Scrivener for a pension. He also stated it was a "very plain case and strictly entitled under the act of the 4th July 1836." He requested a speedy decision as she [Mary] was in great need of assistance.

A Certificate of Pension was issued 14 Feb 1838 and sent to A. Fergusson, Cathage, Tenn. Arrears to 4 Sep 1837 in the amount of $141.67 were awarded as well as the semi-annual allowance of $28.33 for 4 Mar 1838. The total paid at this time was $170.00.

John M. Bass, President of the Union Bank of Tennessee and Pension Agent in Nashville, wrote J. L. Edwards Esq. on 27 May 1839. The letter states that Mary Scrivener, a Revolutionary War Pensioner under the Act of 4 July 1836, and the widow of Benjamin Scrivener, a Revolutionary War Pensioner under the act of Jun 1832, died on 19 Feb 1839. She had been paid to 4 Sep 1838. He wanted to know whether in her case the arrearages prior to her death were payable and, if so, to whom.

A letter issued from the Treasury Department on 25 Jun 1842 stated that pension benefits from 4 Sep 1838 to 19 Feb 1839 were paid to the Administrator of Mary Scrivner, deceased, late a Pensioner on the Roll of the Nashville, Tenn. Agency, at the rate of $56.67 per annum.

2. Court: 1842, Smith County, Tennessee. ⁴

[Because this record names the children of Benjamin and Mary Scrivner, I have tried to transcribe it exactly as I read it.]

"State of Tennessee Smith County
I, John J. Burnett clerk of the County Court Monthly Session, holding at the Court House in the Town of Carthage by and for said County on the 6th Day of June 1842 do hereby Certify that satisfactory evidence has been exhibited to said Court that Mary Scriver was a pensioner of the United States at the rate of fifty six dollars and sixty seven cents per annum was a resident of the County of Smith and State of Tennessee and died in the County of Cannon in the State of Tennessee in the Year 1839 on the 19th Day of February that she left the following children to wit, Moses Scrivener, Sarah Cornealious, Mary Payne, Pebo Gary James & Benjamin Scrivner Jane Peterson David Scrivner Rebecca Payne and John Scrivener and that they are her only Heirs."

[It would appear this was a determination of heirs for the purpose of distributing the pension benefits that had accrued prior to her death, but had not been paid. Since she was determined to be a resident of Smith County, she must have just been visiting Cannon County when she died. Might son John have then lived in Cannon County? With whom did she reside in Smith County?]

Mary married Benjamin SCRIVNER, son of Benjamin SCRIVNER and 2nd Mrs. Benjamin Scrivner, on 28 Dec 1779 in Rowan County, North Carolina.^{2 3} (Benjamin SCRIVNER was born on 20 Jun 1757 in Plumstead, Bucks County, Pennsylvania ^{2 3} and died on 16 Mar 1835 in Smith County, Tennessee ^{2 3}.)