Leon County FlArchives Military Records.....AVERITT, Walter H. 1897
Civilwar - Pension 5th Regt Inf
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FLORIDA CONFEDERATE PENSION APPLICATION FILES

PENSION APPLICATION A05823:

Surname:  AVERITT

Given Names:  Walter H.

Service Unit:  5th Regt Inf

Reference:

Wife's Name:

Application County & Year:  Leon Co 1897

Page 001

A5823

Page 002

Application For Increase In Pension

Miccosukee Fla Aug 28, 1913

State Board of Pensions,
Tallahassee, Florida

I, W. H. Averitt, Pensioner No 62 of the State of Florida hereby make application
for increase in pension because of being unable to earn a livelihood by manual
labor.  I am 71 years of age.

Signed:  W. H. Averitt
Address: Miccosukee, Fla.

Physicians' Affidavit

Before me an officer duly authorized to take acknowledgements and administer oaths,
personally appeared Dr. N. F. Yarborough and Dr. E. E. Strickland both well known to
me to be reputable physicians and each for himself deposes and says that the above
applicant for increase in pension has been examined by him and that said applicant
by reason of disease, injuries, or age, is unable to earn a livelihood by manual
labor.  That the applicant is (State briefly the nature of the disabilityDo not use
technical terms) unable to make a livelihood by manual labor on acct of age & loss
of an arm.

W. F. Yarborough, MD. Physician
E. E. Strickland, MD. Physician

Subscribed and sworn to before me this 28 day of Aug., A. D. 1913.

Kate M. Van Brunt

Page 003

Soldier's Pension Claim
Under The Act Of 1909

(Form A.)

State of Florida}
County of Leon}

On this 6th day of July, A. D. One Thousand Nine Hundred and Nine personally
appeared before me, a County Judge in and for the county and State aforesaid, W. H.
Averitt who, being duly sworn according to law, declares that he is 67 years of age,
having been born on the 26 day of December 1844, in the county of Birtee, in the
State of N. Carolina.  That he is a bona fide citizen of the county of Leon, State
of Florida.  That he has resided in the State of Florida continuously since the 10th
day of January, 1846.

That he is the identical person who enlisted at Tallahassee, under the name of W. H.
Averitt, on the..day of., 1862, in Company K, Regiment 5th of the State of
Florida in the service of the (Here state whether the service claimed was in the
Confederate States Army or in the service of a State.) Confederate Army and who was
honorably discharged at Richmond, VA, in the State of Virginia, on theday of.,
1863, on account of Loss of arm.

(Here state fully any other military service performed by the applicant.)


(Here give date and place of capture, imprisonment, exchange or parole.)

Captured at Getesburg, Pa
Paroled August 1863

That I served faithfully until honorably discharged from the service of the
Confederate Army in the year 1863, and did not desert the service of the Confederate
Army nor take the oath of allegiance to the United States until after the surrender
of the Confederate Armies.

(Here state whereabouts at close of Civil War.)

That I was in Leon County.

Page 004

Report of County Commissioners

We, the undersigned, County Commissioners in and for the County of Leon, Florida, do
hereby report that at a meeting of the Board of County Commissioners held this day,
the foregoing application of Walter H. Averitt for a pension under the Laws of
Florida, was investigated by us; that we are satisfied that the applicant does not
own property (including the property of his wife) to exceed the value of $5,000, and
that the representations made in the petition and affidavits are true, and that a
pension should be granted to the applicant.

Witness our hands this 6th day of July, A. D. 1909.

(1) T. W. Collins, Chairman
(2) R. G. Johnson
(3) L. S. Crump
(4) W. D. Stoutamire
(5) W. A. Register, County Commissioners

By the County Commissioners.  Attest:
Henry T. Fellkel
Clerk Circuit Court.

Note  All blanks must be filled out.  All information required must be fully and
accurately given.

5823
Former Claim 591
Application No. 12309
Pensioner No. 62
Claim For Pension
By
Walter H. Averitt
Of
Miccosukee Fla Postoffice
Leon County
Late Of
K Company
5th Fla Regiment
Filed In Pension Department
July 25, 1909
Approved
Aug 21 1909
With pay from Jul 1 1909
At the rate of $125 per annum

Secretary of Board
Filed In Comptroller's Office
.., 19
Capital Pub. Co., State Printer
Tallahassee, Florida

Page 005

That I do not own property, including real estate, personal property, stocks, bonds,
mortgages or other collateral securities of any kind in this or any other State, nor
does my wife own with me jointly or separately, property to exceed in value the sum
of five thousand dollars.

That the following is a true and correct statement of all the property owned by me
or by my wife, jointly and separately in this or any other State:

Real estate, located at Miccosukie Fla               $480.00
Cattle, horses and other live stock                  $100.00
Personal property                                    $ 60.00
Stocks                                               $
Bonds                                                $
Mortgages, notes and other securities                $
                  Total                              $640.00

That I have heretofore been granted a pension from the State of Florida under
pension certificate No. 591, at the rate of 130.00 per annum.

(Here state any disabilities, physical or mental.)


(Here state any wounds received, or loss of limbs and eyesight.)
Loss of Left Arm.

That my postoffice address is Miccosukie, County of Leon, State of Florida.

Walter H. Averitt
(Claimants must sign name in full.)

Attest:
(1) W. A. DeMilly
(2) C. L. DeMilly

Sworn and subscribed before me, this 6th day of July, A. D. 1909, and I hereby
certify that the above declaration, etc., were fully made known and explained to the
applicant before swearing, and that I have no interest, direct or indirect, in the
prosecution of this claim.

B. A. Meg(surname is illegible)
County Judge, Leon County, Florida

Page 006

(Form B.)

State of Florida}
County of Leon}

We, the undersigned citizens of Leon County, State of Florida, do hereby certify
that we personally know Walter H. Averitt, who is an applicant for a pension under
the laws of Florida, and that from our own personal knowledge, and from the best
information available, we believe that the applicant does not own property
(including the property of his wife) to exceed in value the sum of $5,000, and that
the statements made by him relative to the value of his property are true and
correct.

(To be signed by two citizens.)

W. A. DeMilly
H. (surname is illegible)

Sworn and subscribed before me, this 6th day of July, 1909.

B. A. Meg(surname is illegible)
County Judge, Leon County, Florida

(Form C.)

Physician's Affidavit

State of Florida}
County of Leon}

Before me personally came Henry E. Palmer and C. M. Ausley, who being duly sworn,
deposes and says, that he is a physician; that they are residents of the State and
County aforesaid; that they personally know Walter H. Averitt the applicant named in
the foregoing application for a pension.  This deponent further says that they have
carefully examined the said applicant's physical condition and finds:

(Here state nature, character and extent of wounds, disease or disability.  Please
avoid technical terms.)

Loss of left arm near the shoulder.

This deponent further says that the said.is permanently..disabled by
reason of such.from earning a livelihood for himself by manual labor.

(Please note carefully resolution below before certifying to total disability.)

Henry C. Palmer, Physician
C. M. Ausley, MD Physician.

Sworn and subscribed before me, this 6th day of July, A. D. 1909.

B. A. Meg.(surname is illegible)
County Judge, Leon County, Florida

At a meeting of the State Board of Pensions held July 10th, 1907, at which the
Governor, Comptroller and Treasurer were present, the following resolution was
adopted.

Resolved: That persons entitled to Pensions under the Laws of Florida, who apply for
the amount allowed in cases of total disability, must submit the affidavit of a
reputable physician stating specifically the personal ailment and conditions that
render the applicant entirely helpless and incapacitated, physically or mentally,
for any work or business.

Page 007

Soldier's Application for Pension

State of Florida}
Leon County}

On this 7th day of Febry, 1900 personally appeared before me, Clerk of the Circuit
Court in and for said county and State Walter H. Averitt, age 58 years, who being by
me duly sworn, declares he is the identical person who enlisted on or about the
March day of 20, 1862, in Captain R. H. Gardiner's Company, county of Leon, in the
State of Florida, and that while in actual service in said company, 5th Regiment, of
the State of Fla, and in line of duty as such soldier, at Gettysburg, State of Penn,
on or about the 2d day of July, 1863, I (here state fully and clearly all the facts,
showing the injury, its character, and especially the extent of the injury and
disability resulting therefrom.) lost my left arm gun shot wound and that as the
direct result of said injuries, thus received in line of duty during the war, I am
now unable to gain a livelihood by manual labor; that I have continuously since
January 1st, 1880, been a citizen of Florida, that neither I, nor my wife, nor both
combined, own real and personal property to the value of $600 in this or any other
State, and have not purposely disposed of our property for the purpose of availing
ourselves of the provisions of the pension laws of Florida; that I am not otherwise
enabled, or in a position to earn, and have no income from any source sufficient for
a livelihood, and that I have no children or other relation able so to do, and whose
legal duty it is to support me, and that I never deserted the Confederate service,
and that I receive a pension from no other source.

W. H. Averitt
P. O. Address Miccosukie Fla

Sworn and subscribed before me this 7th day of Feby, 1900.

C. A. Bryan
Clerk Circuit Court, Leon County.

Page 008

1420
Pensioner No. 591
Pay From Sep. 30/99 at rate of
$80.00 per year.
(New) Was No. 176, under
Law of 1887.
Claim For Pension
By         $125
W. H. Averitt
Of
Leon County
Late Of
Capt. R. N. Gardner's Company
5th. Florida Infantry Regiment
Filed In Executive Department
.., 1
Approved by the Board
Mar. 13/00 for pay from Sep. 30/99
At rate of $80.00 per year.
D. Lang
Secretary
Filed In Comptroller's Office
Mar 13 1900
Tallahassee Job Office, Tallahassee, Fla.

Page 009

We do solemnly swear that we personally knew Walter H. Averitt the above applicant
for pension during the Civil War of 1861 to 1865, that we served with him in Capt.
R. N. Gardner's Company 5th Regiment, and know of our own knowledge that he did
receive the injuries set forth in the above application at the time and place
claimed, and that the disability therefrom claimed to exist does exist, and that he
never deserted the Confederate Army.

W. R. Blake 3rd Lieut. (Branch)
Late of Gardner's Co. 5th Reg.

J. W. Hines
(To be subscribed by two persons)
Late of Gardner's Co. 5th Reg.

Sworn and subscribed before me this 9th day of February, 1900.

James A. Herring
Notary Public State at Large

We do solemnly swear that we are familiar with the value of all the property owned
by Walter H. Averitt and his wife, directly or indirectly, in this or any other
State, and that the actual combined value thereof does not exceed $600; that they
have not disposed of any property for the purpose of availing themselves of the
provisions of the pension laws of Florida, and that he is not physically or
otherwise able, or in a position to earn a livelihood, and has no income from any
source sufficient for a livelihood, and no children or other relation able so to do,
whose legal duty it is to support him.

W. F. Yarborough MD.
P. O. Address Miccosukie Fla

E. Christie
P. O. Address Miccosukie Fla

Sworn and subscribed before me this 9th day of February, 1900.

James A. Herring
Notary Public State at Large

We, the undersigned physician, residents of the State and county aforesaid, do
solemnly swear that we have carefully examined W. H. Averitt, who is personally
known to us to be the person above applying for a pension under the laws of Florida,
and find his left arm off about three inches above elbow.

Page 010

W. F. Yarborough, M.D.
Residence Miccosukie Fla

E. Christie, M.D.
Residence Miccosukie Fla

Sworn and subscribed before me this 9th day of February, 1900.

James A. Herring
Notary Public State at Large

I certify that the above affidavits are genuine; that all of the affiants are
persons of respectability and good reputation, and that their statements are worthy
of belief; that the attesting officers are duly authorized to attest said
affidavits, and that their signatures thereto are genuine.

Council A. Bryan
Clerk of Circuit Court

We, the undersigned County Commissioners of Leon county, Florida, do hereby certify
that we have carefully investigated the above application for pension made by Walter
H. Averitt and are satisfied that the conditions and alleged facts therein stated
are true and correct, and that he is legally and justly entitled to the pension
provided by the act, approved June 2, 1899.

L. C. Yaeger, Chairman
E. C. Smith
W. J. Johnson
G. D. Roberts
M. H. Johnson
E. C. Smith, County Commissioners

By the County Commissioners.  Attest:
Council A. Bryan
Clerk Circuit Court

REVISED STATUTES OF FLORIDA, CHAPTER II, ARTICLE I.

2077.  The children of parents who are unable to support themselves, shall be
required to make provisions for their support.
2078.  On information filed before the Justice of the Peace of the proper district
by any person whomsoever, stating that certain persons have made no adequate
provisions for their father and mother, or either of them, the Justice shall cause a
summons to be issued to said parties, and evidence to be taken as to the truth of
the facts stated in the information, and if the same shall be found true, after a
fair trial in which the defendants shall have the right to be heard by counsel, the
Justice shall issue an order making an assessment on the said children for such
amount as shall be necessary for the support of their parents.
2079.  Said order shall carry with it the right of enforcement, and shall have the
force and effect of a writ of garnishment on the wages of such children, and shall
further provide for the person to whom and the manner in which the money assessed
therein shall be paid.

Page 011

Form No. 114                    The H. & W. B. Drew Company, State Printers
                              Jacksonville, Fla 51222

Application For Pension

State of Florida}
County of Leon}

On this 12 day of August, 1897, personally appeared before me, a Clk Ct. Ct. in and
for the said County and State, Walter H. Averitt, aged 55 years, by occupation a
farmer who, being duly sworn according to law, declares that he is the identical
Walter H. Averitt who was, on the 20th day of March, 1862, enrolled in Captain
Gardner's Company K of Leon County, State of Florida and that while serving as a
private in Capt. R. N. Gardner's Company, K, Fifth Regiment, Perry's Brigade, and in
the line of his duty at Gettysburg in the State of Pennsylvania, on or about the 2
day of July, 1863, I (Here state name or nature of disease, or location of the wound
or injury.  If disabled by disease, state fully its causes; if by wound or injury,
the precise manner in which received, and especially the extent of the disability
resulting therefrom.) lost my left arm above the elbow from a gun shot wound (minnie
ball) during said battle and that as the result of said injuries I am now unable to
earn a livelihood; that I am a citizen of said County and State, and have been a
bona fide citizen of the State of Florida continuously since January 1st, 1880; that
neither I nor my wife owns property to the value of fifteen hundred dollars in this
or any other State, and that I am not otherwise enabled or in a position to earn a
livelihood; that I am not receiving a pension from the United States, or any other
State; that I never deserted the Confederate service, and make this declaration for
the purpose of being placed upon the invalid pension roll of the State of Florida,
as provided by Act of the Legislature, approved June 8, 1889, as amended June 2,
1893 and June 15, 1897.

W. H. Averitt, Applicant
Miccosukie Postoffice

Sworn to and subscribed before me this 12 day of August A. D. 1897.

Council A. Bryan
Clk Ct Ct L. C. Fla

We do solemnly swear that the above applicant Walter H. Averitt served with us in
Perry's Brigade, and that he did not desert the Confederate service.

J. W. Grambling
Jno. W. Nash

Sworn and subscribed to before me this 17 day of Sept. A. D. 1897.

Council A. Bryan
Clk Ct Ct L.C. Fla

We do solemnly swear that we are familiar with the value of all the property owned
by aboveand his wife, in this or any other State, and that the actual
combined value thereof is less than $1,500, and that he is not phisically (sic) or
otherwise able or in a position to earn a livelihood.

H. T. Fellkel
W. A. DeMilly

Sworn and subscribed to before me this 22 day of Sept. A. D. 1897.

C. A. Bryan
Clk Ct Ct L. C. Fla

Page 012

We do solemnly swear that we have carefully examined W. H. Averitt who is to us well
known as the applicant for pension above described, and find that (Here describe
fully and clearly the wound or disease, and especially the extent of the resulting
disability.) he received a gun shot wound of the left arm.  The bullet entered the
forearm about three inches below the elbow and came out one inch above the joint,
resulting directly in the loss of the left arm above elbow.

H. E. Palmer, M.D.
Residence Tallahassee

W. L. Moor, M.D.
Residence Tallahassee

Sworn to and subscribed before me this 17 day of Sept. A. D. 1897.

Council A. Bryan
Clerk Ct Ct L. C. Fla

I certify that the above affidavits are genuine, that all of the affiants are
persons of respectability and good reputation, and that their statements are worthy
of belief; that the attesting officers are duly authorized to attest said
affidavits, and that their signatures thereto are genuine.

Council A. Bryan
Clerk of the Circuit Court

We do hereby certify that T. B. Lamar Camp No. 161, U.C.V.'s at Tallahassee, Fla.,
has carefully and fully investigated the above application for pension by W. H.
Averitt and find that the facts alleged are correct in every particular, and
therefore recommends that the pension be granted.

D. Lang, Commander

Attest:
R. A. Whitfield, Adjutant
Feby 15/99

Claim For Pension
By
Walter H. Averitt
Of
Leon County,
Late Of
Capt. R. N. Gardner's Company
5th. Florida Regiment
Filed In Executive Department
Sept. 23/97..189..
Approved
.,189
.
Governor
Filed In Comptroller's Office
, 189.
The H. & W. B. Drew Company, State Printers, Jacksonville, Fla.

Page 013

State of Florida
Leon County

We, the Board of County Commissioners of said county, certify that W. H. Averitt was
a regularly enlisted private in Captain R. N. Gardner's Company of the Fifth
Regiment of Florida Volunteers, and served as such during the late war; that he is
unable to labor and support himself by reason of wounds received in the line of duty
while so serving; that he is not a citizen of this county and State; that he is not
receiving a pension from any other State or from the United States, and that [t]he
[pension allowed by the act approved February 16th, 1885, To Provide an Annuity for
Disabled Soldiers and Sailors of the State of Florida, is necessary for his
maintenance and support.] has resided in this State 40 years next preceding this
date.

Done at Tallahassee, the County Site, this 10th day of Oct. 1887.

Jno. Bradford
W. A. Rawls
Hugh Black
J. L. Taylor
..County Commissioners

C. A. Bryan
Clerk

Page 014

#176
5823
Certificate
Of
County Commissioners
In The Case Of
W. H. Averitt
Applicant for Pension
Approved by Bd. Of
Comrs. Of Pensions
Mar. 14th, 1888  
Pay from July 1st, 1887.
D. Lang, Adjt. Gn.
Secty. Of Bd.
Filed In Adjutant General's Office
Oct. 12, 1887.


Additional Comments:
NOTE: Words in [] are lined through in original.



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