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Girty died in 1818 and his widow claimed dower in some of his lands, but there was no record of the marriage, and the clergyman was no longer available to prove it.

The legislature in 1818 had passed an act extending the time for registering such affidavits for three years 28 but she had not taken advantage of that act.

In 1831, however, the time was extended for six years 29 and now the widow took action.

She appeared May 19, 1832, before William McCormick, , at Colchester and made the following affidavit.

30 "I, Catherine Girty, do solemnly swear that I did publicly intermarry with Simon Girty at the mouth of the Detroit River now the Township of Maiden, in the summer of the year of our Lord, 1791, and there is now to me living issue of said marriage, viz : Sarah now the wife of Joseph Munger, born on the 18th day of April, 1792, and Prideaux Girty, born on the 20th day of October, 1796, and that such marriage was solemnized by Frederick Augustice Norstbaugh, Church of England Clergyman of the new settlement, now the Township of Colchester in the County of Essex and Western District of Upper Canada.

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