Mary Ann Burris Foster's Civil War
Widow's Pension
Filed in 1916
Following the Civil War, the Federal Government made a decision not to provide a pension for soldiers who fought in the Confederacy, even though they had set up a pension fund for the soldiers who fought on the Union side of the conflict.
The Federal Government left the decision to the southern states to provide Confederate veterans with a pension if they so desired. Texas passed the Confederate Pension Law in 1899. The law stated that a Confederate soldier or sailor was eligible if they were a native Texan or a resident of Texas prior to 1880, and who was either over sixty or whose disability was direct result of service during the Civil War. In addition to soldiers and sailors, widows were eligible to receive a pension if they never remarried and were residents of Texas since 1880.
I have no information about why Mary waited sixteen years after this pension was available before she made an application to the government for a Confederate Widow’s Pension, but at the age of 68, while living in Montague County, in the home of her youngest daughter Tina and her husband Wallace Parkhill, she filed the following application .
Montague County , TX – Pension Application of Mrs. M. A. Foster (Mary Ann Foster, widow of John Emsley Foster of Wise Co., TX)
Reproduced from the holdings of the Texas State Archives, Pension application #32582.
Name of Applicant: Mrs. M.A. Foster
Montague Co, Post Office – Sunset, Rt 4
Filed: March 16, 1916
Approved: March 17, 1916
Pension allowed from March 1, 1916
/s/ J.C. Jones, Commissioner of Pensions
January 18, 1915
To: Mr. Jones, Pension Commission
From: W[allace] Parkhill
Sunset, Texas
Dear sir, I will write you for some information.
Please tell me if you have any record of Mr. J. E. John Emsley Foster of the rolls of confederate soldiers.
Mr. Foster served about 3 years and was in the army all of this except on one furlough. Martin was his captain and Bumpus his Lieutenant. He is dead and his widow is almost destitute and unable to do her work. She has nothing to depend on to make a living. She had his honorable discharge, took it to the county judge of Clay Co, he has lost this Hon. Discharge.
Please write me if she can get a pension and how she will have to do to get it tell me all the peticulars (sic) so I can help her all I can. I will wait until I hear from you before I proceed.
Sincerely yours,
W. Parkhill
++++++++++++++++++++++++++++++
January 26, 1916
From: Wallace Parkhill
Sunset, Texas
To: The Adj. Gen.
Kind Sir I have wrote Mr. Jones, Pension Com. At Austin, Texas and my letter to him and his reply is enclosed. Please examine this letter of mine and write me at once if you have on the rolls of confederate soldiers Mr. John Emsley Foster. Mr. J.E. Foster served the 3 last years of the civil war.
Martin was his Capt, Bumpoos his Lieutenant. Please write me and tell me how she his widow will have to do to get a pension. She has never been married since Mr. J.E. Foster’s death.
Write me at Sunset, Texas Route 4.
W. Parkhill
(text of the “enclosed letter”)
This letter with a previous letter has been forwarded to us from Washington D.C. and will ask that you make application before the County Judge and let the application take its regular course, we will get the war records after you have secured the two witnesses who served with the applicant.
Commissioner of Pensions
Austin , Texas
+++++++++++++++++++++++++++++
Jan 31, 1916
Adjutant Generals Office
War Department
We have no Confederate Records of any one, the records all are now in the hands of the Adj. General, at Washington , D.C. if you will communicate with him, it is possible that he can give you the desired information.
Commissioner of Pensions
+++++++++++++++++++++++++++++
Feb 1, 1916
From: War Department
The Adjutant General’s Office, Washington .
To: Wallace Parkhill
Route No. 4
Sunset, TX
Sir:
Referring to your application for the record of John Emsley Foster as a member of a Confederate Army organization in which Lieutenant Bumpus and Captain Martin rendered service, I have the honor to inform you that a record has been found that presumably refers to the man mention by you, and that this record has this day been furnished to the Commissioner of Pensions, State of Texas, with whom all further correspondence relating to the matter should be conducted.
It is deemed proper to add that under the rules of this Department information from the official records cannot be furnished for use in the prosecution of a claim for pension. Nor it is necessary that such information should be furnished for that purpose, because all the data afforded by the official records in this Department that may have a bearing upon any such claim are always furnished, upon his request therefore, to the official charged by law with the adjudication of the claim.
No possible hardship can result from the operation of this rule, because all that is necessary for a claimant for pension to do is to make his claim to the official charged by law with the adjudication of the claim in accordance with his own knowledge of the facts and to furnish such testimony as he may be called upon to furnish, being assured that all the information afforded by the official records in the War Department that has a bearing upon the claim will be promptly furnished to that official upon his request therefore.
Very respectfully,
Signature illegible
The Adjutant General
++++++++++++++++++++++++++++++++++
February 1, 1916
Pension number 2364825
War Department
The Adjutant General’s Office
Washington
Respectfully forwarded to the Commissioner of Pensions, State of Texas , Austin.
The official records show that one John E. Foster, who may or may not be identical with the man referred to within, served as a private in Company K, Martin’s Texas Cavalry, which organization was formerly known as Captain L.M. Martin’s company, of which one Lieutenant Bumpass was an officer.
It is stated on the records that the said Foster was 32 years of age and enlisted in the organization July 5, 1862 , at McKinney , Texas . On a roll of the company dated June 30, 1863 , last roll of the organization on file, he was reported as present for duty. No later record of him has been found.
/s/ signature illegible
The Adjutant General
++++++++++++++++++++++++++
Feb 11, 1916
Form B – This is a preprinted form for the use of Widows of Soldiers who are in Indigent circumstances – the bold type indicates the information that was typed on the blank lines of the form.
The State of Texas
County of Montague
I, Mrs. M.A. Foster , do hereby make application to the Commissioner of Pensions for a pension, to be granted me under the Act passed by the Thirty-third Legislature of the State of Texas , and approved April 7, A.D. 1913 , on the following grounds:
I am the widow of John Emsley Foster , deceased, who departed this life on 18 th day of Jan, A.D. 1900, in the county of Cook , in the State of Texas .
I have not remarried since the death of my said husband, and I do solemnly swear that I was never divorced from my said husband, and that I never voluntarily abandoned him during his life, but remained his true, faithful and lawful wife up to the date of his death. I was married to him on the 2 nd day of July, A.D. 1866, in the county of Wise , in the State of Texas .
My husband, the said John Emsley Foster enlisted and served in the military service of the Confederate States during the war between the State of the United States, and that he did not desert the Confederate Service, I have been a resident of the State of Texas since prior to January 1, AD. 1900, and have been continuously since a citizen of the State of Texas . I do further state that I do not receive from any source whatever money or other means of support amounting in value to the sum of $300 per annum, nor do I own in my own right, nor does anyone hold in trust for my benefit or use, estate or property, either real, personal or mixed, either in fee or for life, of the value of one thousand dollars, exclusive of the home of the value of not over $1,000.00; nor do I receive any aid or pension from any other State, or from the United States, or from any other source, and I do further state that the answers given to the following questions are true:
Wherefore your petitioner prays that her application for a pension may be approved and such other proceedings be had in the premises as are required by law.
(Signature of applicant) Mrs. M.A. (X her mark) Foster
Sworn to and subscribed before me, this 11 th day of Feb (written above is the word March), A.D. 1916
Homer B. Latham
County Judge , Montague County , TX
++++++++++++++++++++++++++
Feb 24, 1916
AFFIDAVIT OF WITNESSES
THE STATE OF TEXAS }
COUNTY OF WISE }
Before me, J.W. Walker, Judge for Wise County, State of Texas, on this day personally appeared Thos J. Dillehay & J.D. McDonnell, who are personally known to me to be creditable citizens, who, being by me duly sworn, on oath state that they personally know that Mrs. M.A. Foster, applicant for a pension as the widow of John Emsley Foster deceased, is in truth and fact the widow of John Emsley Foster deceased; that they personally know that she has not remarried since the death of her husband, for whose service in the army she claims a pension, and that they have no interest in this claim.
(Signature of Witness) Thos J. Dillehay
(Signature of Witness) J. D. McDonnell
Sworn to and subscribed before me, this 24 th day of Feb, A.D., 1916
/s/ J.W. Walker
County Judge, Wise Co., TX
+++++++++++++++++++++++
Feb 24, 1916
AFFIDAVIT OF WITNESSES
THE STATE OF TEXAS }
County of WISE }
Before me, J.W. Walker, County Judge of Wise County, State of Texas, on this day personally appeared L.E. Lackey & J. E. Lackey, who are personally known to me to be creditable citizens, who, being by me duly sworn, on oath state that they personally know the above named applicant for pension, and that they personally know that the said M.A. Foster has been a bona fide resident citizen of the State of Texas since prior to January 1, A.D., 1900, and that they have no interest in this claim.
(Signature of Witness) L.E. Lackey
(Signature of Witness) J.E. Lackey
Sworn to and subscribed before me this 24 day of February, A.D., 1916
/s/ J.W. Walker
County Judge, Wise Co., TX
+++++++++++++++++++++++
Feb 24, 1916
AFFIDAVIT OF WITNESSES
(If possible, the two witnesses should have served with the applicant’s husband in the army, and if so, let them, or either of them, state it in their oath; also any information regarding the army service of applicant’s husband}
THE STATE OF TEXAS }
County of Wise }
Before me J.W. Walker, County Judge of Wise County, State of Texas, on this day personally appeared John A. Wasson, who personally known to me to be creditable citizen, who being by me sworn, on oath state that he is personally acquainted with the foregoing applicant, and that the facts set forth and statements made in her application are correct and true, to the best of their knowledge and belief, and that they have no interest in this claim. And further make oath to the following facts touching the service of the applicant’s husband in the Confederate Army; (State fully your source of knowledge):
I was will acquanted with the applicant. We belong to the same company in the armey our company captin was Hanes Company D mad up at Maciney Texas Oct 1 – 1863. I served with for one year we was in two fights to gether first cabin creek and Honey Spring I got my horse shot from under me John E. Foster was a good and brave soldier all of the time.
(Signature of Witness) J. A. Wasson
Sworn to and subscribed before me, this 24 day of Feb A.D., 1916
/s/ J. W. Walker
County Judge Wise County , Texas
++++++++++++++++++++++++++
March 11, 1916
Affiant T.J. Cloyd says that [he] was well acquainted with the said John E. Foster, first knew him on July 5, 1862 , at the time he joined D.C. Haynes Company K, Martin’s Regiment 5, Texas , Partisan Rangers, and served with him in said company until the close of the war.
Affiant says that the said John E. Foster made a good soldier in said war. Affiant says he and the said John E. Foster said company and were sworn in on the same day to wit: 5 th Day of July 1862 at McKinney , Texas .
This said John E. Foster was the only John E. Foster that belonged to said Haynes company.
I have the musters in my possession of said company.
Subscribed and sworn before me this the 11 day of March 1916.
/s/ T.J. Cloyd
/s/ H.L Davis (?)
County Judge , Collin County , Texas
(editors note: According to the roster of Company K, Martin’s Regiment, Thomas Cloyd was in fact a member of this troop, joining as a private and being discharged as a Sgt)
+++++++++++++++++++++
March 13, 1916
Wallace Parkhill
R4
Sunset Texas
Hon. Jones, Commisiones of Pensions
Kind sir, I am sending you Mrs. Mary A. Foster’s application for a pension, which she has at last succeeded in the finding of two old soldiers who personally knew Mr. John Emsley Foster and served with him in the war. With the signatures of three (3) county judges signed thereon.
Homer B. Latham – Montague Co.
J.W. Walker – Wise Co.
H.L. Davis – Collin Co.
All these witnesses live in Decatur Texas except one. Mr. T.J. Cloyd who lives in McKinney Texas . Mrs. Foster has done all in her power to get the witnesses according to the application requirements, and now presents it to you as required. I have done all I could for her and would like very much to see her get a pension, as she needs it so badly. I am sending you all my letters that you can see every course I have taken in the matter and wishing you much success, I am your friend.
W. Parkhill
Sunset, TX R4
+++++++++++++++++++++++++++++
March 14, 1916
CERTIFICATE OF STATE AND COUNTY ASSESSOR
I, J.P. Hathcock, State and County Assessor in the County of Montague, State of Texas, do certify that Mrs. M.A. Foster whose name is signed to the foregoing application for a pension, under the Act of the Thirty-third Legislature, approved April 7, 1913, is charged on the tax rolls of said country with a homestead of the value of nothing dollars, and of other property, real or personal, or both, of the value of nothing dollars.
Given under my hand, this 14 th day of March A.D., 1916
/s/ H.J. McClellan, Deputy
/s/ J.P. Hathcock
State and County Assessor
In 1916, after over a year of trying, Mary Ann Foster was granted the pension, and the first year she received $53.50. She collected this pension for the next 17 years until she died in 1933. The pension amount was increased each year and in her final year she was receiving $208.00 per year, (about $2,500 per year in 2003 dollars) which was paid out in quarterly payments.
On Dec 19, 1933 , in the town of Bellevue , Texas , Mary Ann Burris Foster at the age of 85 years 6 months and 16 days passed away. At the time of her death she was living in the home of her youngest daughter, Tina Parkhill. Her death was attributed to senile decay , which during the era of her death was the accepted medical term for “died of old age”.
Her body was brought back to Greenwood and she was buried alongside her husband, John Emsley Foster, who had preceded her in death by thirty-two years.
Tina Parkhill filed an application with the government pension office for a burial benefit of $40 ($480 in 2002 money) and the following documents can be found among her Confederate Widow’s Pension File in Austin , TX .
+++++++++++++++++++++++++++
Dec 20, 1933
CERTIFICATE OF UNDERTAKER
I, J.F. Wetsel, do certify that I am undertaker in the town of Belleview , County of Clay , State of Texas and that I had charge of the body of M.A. Foster, who died in the town of Bellevue , County of Clay , State of Texas on the 19 th day of December 1933. That said body was prepared for burial by me on 20 th day of December 1933, and that I am of the opinion that warrant herein applied for should be issued to the said Mrs. W. Parkhill who makes the foregoing application.
+++++++++++++++++++++++++++
Dec 29, 1933
CERTIFICATE OF PHYSICIAN
I, D.W. Holmes, do certify that I am a practicing physician, and that I attended Mrs. Mary A. Foster in her last illness, and am of the opinion that her ailments were Senility.
I further certify that I am of the opinion that the Mortuary Warrant above requested should be issued in the name of the aforementioned applicant, in accordance with Act passed by the Thirty-eighth Legislature and approved March 2, 1923 .
/s/ D.W. Holmes
Bellevue , Texas
December 29, 1933
Jan 6, 1934
APPLICATION FOR MORTUARY WARRANT
THE STATE OF TEXAS }
COUNTY OF CLAY }
I, Mrs. W. Parkhill do hereby certify that I am the person to whom is entrusted the paying of the accounts and indebtedness of the late Mrs. Mary A. Foster, who was a pensioner of the State of Texas , and whose file number is 32682 and whose original county was Montague.
The said pensioner, Mrs. M.A. Foster, died on the 19 th day of December 1933, in the town of Bellevue , Texas , county of Clay , Texas .
The pensioner died in the home of Mrs. W. Parkhill who was related to the pensioner as daughter.
That warrant, which application is hereby made for, shall be applied to paying all or part of the funeral expenses incurred by the said pensioner, Mary A. Foster.
I further certify that the warrant for the current quarter has not been cashed by the pensioner, to the best of my knowledge and belief.
I am related to the pensioner as (daughter) and that my post office address is Bellevue , Texas .
/s/ Mrs. W. Parkhill
Sworn to before me this 6 th day of Jany 1934
/s/ L B Mosie
Notary Public in and for Clay, State of Texas