Eight records from the Polish State Archives (Warsaw — Pułtusk Branch), certified May 2022, sworn-translated from Russian into Polish by Teresa Pajączkowska, Toruń, 3 March 2023. Repertorium numbers 131/2023 – 138/2023.
Archive
Archiwum Państwowe w Warszawie, Oddział w Pułtusku (certified copies May 2022)
Translator
Teresa Pajączkowska, mgr, Tłumacz Przysięgły Języka Rosyjskiego · ul. Małachowskiego 14a/6, 87-100 Toruń · Ministry of Justice list TP/2734/05
Status update (15 Apr 2026 evening): the Russian-language originals are now on file — a certified PDF from the Polish State Archives (Warsaw, Pułtusk branch) containing the archive's official cover letter (Director's signature, case O-P.6342.239.2022, dated 27 May 2022) plus scans of all 8 records with the archives' reproduction stamp and authentication dates (26 May 2022). Filed at: 01_Great-Grandparent_Polish_Ancestor/Originals/2022-05-27_PolishArchives_CertifiedOriginals_8records_Ostrow_O-P.6342.239.2022.pdf.
The transcriptions below remain from Pajączkowska's 2023 sworn Polish translations (still only visible as images in chat — the sworn-translation PDFs themselves are the one remaining gap). For the Voivode filing, upload the Pajączkowska PDFs when convenient; for now the original-plus-reading pair is enough for attorney review.
00
Key new findings
Military-service annotations on Ela's residence book — supporting evidence (downgraded 16 Apr 2026).
The residence-book entry for Ela Wajngort carries the annotation: "Wezwany do służby wojskowej z poboru 1905 r." — "Summoned to military service from the 1905 draft." A second annotation reads: "Niewydanie paszportu, patrz nr wch. dziennika 1912 r. nr 341" — "Passport not issued, see incoming-journal number 341 of 1912." This is primary-source evidence (via sworn translation) that Ela was subject to a military service obligation before he emigrated and was refused a passport. However, the 1905 draft was under Russian Imperial authority, not Polish. Whether Russian-era military obligations carry into Art. 11's Polish military-service proviso is unverified. The military-paradox argument has been downgraded to a supplementary point; the primary arguments are now the minor-incapacity/jurisdiction argument and the mother-route. See Legal Theory §04.
Dates, names, and lineage all cross-verify. Berek's 26 Mar 1914 DOB matches the US Visa Index Card V-1331441 exactly. Bessie's name is confirmed as Basza Sura Tofel (not Toffel, not Tofelj). Ela's Polish DOB (14 Oct 1882 New Style) is the authoritative figure — his US Declaration of Intention's claim of 5 Jan 1889 is a statement against his own Polish record. The age discrepancy means Ela was 45 in May 1928, not 39 — still within the 17–50 Polish military obligation range but closer to the upper limit.
One small anomaly worth noting: the residence book shows Basza Sura at address "Ostrów 67-165," not 164. Ela's entry is at house 164. This may just be a different page of the same household registration, or it may reflect a move/renumbering. Not material unless the Voivode asks about it.
01
Record 1 — Residence book, house #164 Ostrów
Księga meldunkowa — Wajngort household
Repertorium 131/2023
Tabular residence register, Ostrów Mazowiecka, house #164. Six entries for the Wajngort family.
Entry 1 — Head of household
Name
Ela Wajngort (male)
Parents
Chaim Pejsach and Trajna née Grudka
Born
per protocol 1884 (actual birth registered 1889 as 2/14 Oct 1882 — see Rec. 132)
b. 10 Jul 1906, Ostrów · kawaler (unmarried) · przy rodzicach (with parents)
Trajna Wajngort
b. 1 May 1910, [Ostrów, "także" = same] · panna (unmarried)
Gita Wajngort
b. 10 Apr 1912 · [same]
Berek Lejb Wajngort
b. 26 Mar 1914, Ostrów · kawaler
Certified by Archiwum Państwowe w Warszawie, Oddział w Pułtusku, 26 May 2022. Translation certified by Pajączkowska, Toruń, 3 March 2023.
02
Record 2 — Birth #142 / 1889: Ela Wajngort
Great-great-grandfather's birth — late registration
Repertorium 132/2023
Ostrów, entry #142 of 1889
Registered
13/25 October 1889, 9 a.m.
Presenter
Chaim Pejsach Wajngort (robotnik / worker, age 45)
Witnesses
Lejzor Szkolnik (55), Jankiela Bekas (63) — mieszczanie m. Ostrowa
Child's actual DOB
2/14 October 1882, Ostrów (Old Style / New Style — he was 7 years old at registration)
Child's name
Ela (at circumcision)
Mother
Fryma Trajna née Grudka (age 46)
Why late
"Nieterminowe przedstawienie dziecka wystąpiło z powodu nieobecności ojca" — late presentation occurred because of the father's absence. Second witness was illiterate; act signed only by the first witness and father, who was illiterate.
03
Record 3 — Birth #46 / 1889: Basza Sura Tofel
Great-great-grandmother's birth — late registration
Repertorium 133/2023
Ostrów, entry #46 of 1889
Registered
13/25 April 1889
Presenter
Froim Fiszek Tofel (introligator / bookbinder, age 27)
Witnesses
Lejzor Szkolnik (55), Pejsacha Wideler (38)
Child's actual DOB
8/20 July 1882, Ostrów (OS / NS)
Child's name
Basza Sura
Mother
Frejda née Jałowiec (age 32)
Why late
"Nieterminowe przedstawienie dziecka wystąpiło z powodu pobytu ojca za granicą" — late presentation because of the father's stay abroad.
04
Record 4 — Marriage #5 / 2 Mar 1905: Ela + Basza Sura
Marriage of Ela Wajngort and Basza Sura Tofel
Repertorium 134/2023
Ostrów, entry #5 of 2 March 1905, 8 p.m.
Groom
Ela Wajngort — kawaler, butcher, age 21, b. Ostrów, son of Chaim Pejsach and Trajna née Grudka, residing Ostrów
Bride
Basza Sura Tofel — panna, age 22, b. Ostrów, daughter of Froim Fiszek and Frejda née Jałowiec, residing Ostrów
Prior bans
Published three times at Ostrów synagogue: 12, 19, and 26 February 1905
Officer of Civil Status Burmistrz (signature illegible), Rabbi G. Balber, witnesses A. Imber and Sz. Nankin. Groom and bride listed as illiterate (niepiśmienni).
Key This is the 1905 civil-register entry of the religious marriage, entered in the Ostrów civil register — which under 1905 Russian-Partition Polish law made it a civil-legally-valid marriage. This answers the question raised earlier about whether the US would recognise a "religious-only" marriage: the marriage was in the civil register, so recognition under lex loci celebrationis is unambiguous.
05
Record 5 — Birth #101 / 1912: Froim Fiszel Wajngort
Child 1 — Phillip (anglicised)
Repertorium 135/2023
Ostrów, #101 of 25 September 1912, 10 a.m. — late registration (child born 6 years earlier)
Presenter
Ela Wajngort (szames, age 28)
Witnesses
Gerszy Balbera (59) and Zelka Szkolnika (55), mieszkańcy m. Ostrowa
Child's DOB
10 July 1906, Ostrów
Mother
Basza Sura née Tofel (age 30)
Name at circumcision
Froim Fiszel
06
Record 6 — Birth #102 / 1912: Trajna Wajngort
Child 2 — Tillie (anglicised)
Repertorium 136/2023
Ostrów, #102 of 25 September 1912, 10 a.m. — same day as Record 5
Presenter
Ela Wajngort — listed here as robotnik (worker)
Witnesses
Gerszy Balbera (59), Zelka Szkolnika (55)
Child's DOB
1 May 1910, Ostrów
Mother
Basza Sura née Tofel (age 30)
Name
Trajna
07
Record 7 — Birth #103 / 1912: Gita Wajngort
Child 3 — Gertrude (anglicised)
Repertorium 137/2023
Ostrów, #103 of 25 September 1912, 10 a.m. — same day as Records 5 & 6
Presenter
Ela Wajngort — listed here as kowal (blacksmith)
Witnesses
Gerszy Balbera (59), Zelka Szkolnika (55)
Child's DOB
10 April 1912, Ostrów
Mother
Basza Sura née Tofel (age 30)
Name
Gita
Note Ela's three different listed occupations across records 5, 6, and 7 — all filed on the same day. Three consecutive birth acts (101, 102, 103) for the three older children, registered retroactively in one batch in September 1912. The trade listings vary across the three acts; the residence book lists him as "szamesy." Worth an attorney note but not material to the lineage.
08
Record 8 — Birth #18 / 1914: Berek Lejb Wajngort
★ Great-grandfather — the Polish anchor of the chain
Repertorium 138/2023
Ostrów, entry #18 of 2 April 1914, 10 a.m. Anchor record
Presenter
Ela Wajngort (age 29)
Witnesses
Gerszy Balbera (61), Zelka Szkolnika (57) — same witnesses who attested the 1912 registrations
Child's DOB
26 March 1914, Ostrów — matches the US Visa Index Card V-1331441 exactly
Mother
Basza Sura née Tofel (age 32)
Name at circumcision
Berek Lejb
Key This is the foundational record for the citizenship claim. Berek was Polish-born of Polish-born parents, in Ostrów, which became Polish territory from 1918 (Second Republic). Polish State Archives certified the record; sworn-translated by Pajączkowska. The DOB matches the US Visa Index Card exactly — no reconciliation issue.
09
What this means for the case
1. The 1905 military-service annotations — supporting evidence, downgraded
The residence book's annotations ("Summoned to military service from the 1905 draft" and "Passport not issued, 1912") are primary-source evidence (via sworn translation) that Ela was subject to a military-service obligation and was refused a passport. However, the 1905 draft was under Russian Imperial authority, not Polish — Ostrów was in the Russian Partition and Poland did not exist as an independent state until 1918. Whether Russian-era military obligations carry into Art. 11's Polish military-service proviso is unverified. The military-paradox argument has been downgraded to a supplementary point for the attorney (see Legal Theory §04a). The primary arguments are now the minor-incapacity/jurisdiction argument and the mother-route.
2. The 1905 marriage recognition question is effectively answered
The marriage is recorded in the Ostrów civil register (entry #5 of 2 March 1905), not merely in a synagogue record. Under Russian-Partition Polish civil-status law, Jewish religious marriages were entered in the civil register by the officiant and became civilly-valid marriages by that entry. A civilly-valid 1905 marriage is recognised in the US under the lex loci celebrationis doctrine without needing further legitimation.
3. Elias's true DOB is 14 October 1882, not 5 January 1889
The 1889 Polish birth record is authoritative (actual birth 1882; registered late in 1889 due to father's absence). Elias's 1923 US Declaration of Intention listed 5 January 1889 — which appears to be false or at least inconsistent with the Polish primary source. This may have been a common practice by emigrants to shave years from their age for immigration or work purposes, but for the Polish citizenship case the 1882 date is the correct one. At Elias's May 1928 naturalization he was 45, not 39. Still within the 17–50 military obligation range.
4. Bessie's surname finalised as Tofel
Not Toffel, Tofelj, or other variants. Her father's name was Froim Fiszek Tofel (bookbinder) and her mother's maiden name was Frejda Jałowiec. These are the grandparents-of-great-great-grandmother names the Voivode may want confirmed.
What this does NOT resolve
Whether Elias actually served in the 1905 draft or was deferred/released.
What the 1912 "passport not issued" determination specifically involved (the underlying journal entry is not in the translation).
Whether the US Declaration of Intention's 1889 DOB creates any risk for the Voivode (it almost certainly does not — Polish authorities will rely on the Polish primary record over a US-side statement).
Whether Basza Sura ever naturalised US (USCIS G-1041 is still pending).