Showing posts with label Smith James. Show all posts
Showing posts with label Smith James. Show all posts
Wednesday, June 24, 2015
Sunday, October 16, 2011
William Bailey Smith, Son of James Smith
William Bailey Smith had a varied and colorful career. He was born in 1737 or 1738 (more likely the latter year) in Prince William County, Virginia. After the formation of Fairfax County, in 1742, his father's home was in Fairfax County. Upon the death of his father, James Smith, in 1751, he inherited land in that county. His name was on record in Orange County, North Carolina, as early as 1773. Caswell County was formed from Orange in 1777.
William Bailey Smith played an important part in the early settlement of Kentucky. He also served his country by aiding in the capture of Kaskaski in 1778.
Smith was described as "a tall, rollicking, unstable bachelor, energetic and brave, but with quite a turn for embellishing the facts."[1] Smith's positive characteristics, together with the fact that he was unmarried, seem to be those of one who might seek adventure in the settling of a wilderness as the frontier moved westward.
The Spring of 1775 arrived, and with it the assertion of American freedom. "The hour had struck for the permanent settlement of Kentucky and in widely separated regions the hearts of unconscious instruments of fate had been fired for the work. But in no American colony was the interest in that distant forest-land keener than in North Carolina and in no place in North Carolina was it so conspicuous as in the...little frontier settlement of Watauga in what is now East Tennessee.”[2]
Richard Henderson, on Christmas Day, had advertised for settlers for Kentucky lands about to be purchased. The "Great Grant" was signed March 17, 1775, and for merchandise valued at 10,000 pounds, Henderson and his associates were declared owners of all the territory south of the Kentucky River, which comprises more than one-half of the present State of Kentucky.[3] The Cherokee Indians, on that date, deeded the land to Henderson and Company. William Bailey Smith was among those who witnessed the transaction.
When Henderson had somewhat earlier become sure of his treaty, he had employed Daniel Boone to cut a road to Kentucky. Henderson and Boone had already agreed that the first settlement should be made at the mouth of Otter Creek on the Kentucky River (the settlement was later known as Boonesborough). Boone and 30 armed and mounted axmen left on March 10, 1775, to open a trail to his destination 200 miles away.
On March 28, Henderson left Watagua and started toward the land of his dreams. His expedition included 40 mounted riflemen, quite a number of Negro slaves, 40 pack horses, a train of wagons loaded with provisions, ammunition, material for making gun powder, seed corn, garden seed, a drove of bees, etc. Henderson was accompanied by four other members of his Company: his brother Samuel, John Luttrell, and the Harts. William Bailey Smith went as surveyor.[4]
After establishment of Boonesborough, Captain William Bailey Smith was one of the defenders of the fort against attacking Indians and pursued the fleeing band. He was one of the rescuers of Jemima Boone (Daniel's daughter) and the Callaway girls when they were captured by Indians. At different times Boone, Smith, and Richard Callaway negotiated with the Indians.
On December 7 an act was passed by the State Legislature of Virginia creating the county of Kentucky out of the territory that was later to become the State of Kentucky. The new county included the Henderson purchase, and the Proprietary Government of Transylvania ceased to exist. Boonesborough was thus a wilderness settlement of the extremest western county of the State of Virginia.[5]
On December 1, 1778, by way of compensation, the State of Virginia granted the Henderson Company 200,000 acres of land below the mouth of Green River. The present city and county of Henderson are on this tract, where William Bailey Smith, heirs of Luttrell, and others finally settled.
Corn raised in Boonesborough the previous year was a source of profit to its inhabitants in the Spring of 1780, as there was an urgent demand for grain. It was partly to secure a supply of corn that "about the first of March brought back to the station once more the former official head and de facto Governor of Transylvania Judge Richard Henderson...He...was promoting the settlement of the Company's land on the Lower Cumberland, which was within the supposed boundary of North Carolina. ...Breadstuff was badly needed at half-starving French Lick, the future Nashville, the stock-aded nucleous of Henderson’s second colony. The corn was bought for $200.00 a bushel in Continental currency and was shipped the entire distance by water in log perogues, which made their long and crooked way down the Indian-haunted Kentucky and Ohio and up the Cumberland to French Lick. The unique little fleet was in charge of Major William Bailey Smith, whose connection with Boonesborough now ceased...”[6]
No one knew at this time whether Virginia’s boundary line would strike the Mississippi above or below the mouth of the Ohio and "to settle doubt, that State and North Carolina sent Commissioners to survey the line westerly."[7] Virginia Commissioners were Doctor Thomas Walker and Daniel Smith; those of North Carolina were Colonel Richard Henderson and William Bailey Smith. Their work, however, was delayed by unprecedented cold weather during the winter of 1779-80. It was called the "hard winter" and long remembered as one of great suffering.
George Rogers Clark, the western hero of the Revolution, went to Kentucky in 1772 as a surveyor. In time, he was among those who opposed Colonel Richard Henderson's Proprietary Government at Transylvania.
Clark was one of two persons selected by the Harrodsburg patriots to represent them in the Virginia Assembly. In 1776 he went as their delegate to Williamsburg. The Assembly was not in session, but he visited Governor Patrick Henry at his home and told him of the dangers to the frail, ill-equipped and undermanned Kentucky settlement because of the British and Indians of the (then) Northwest. Governor Henry heard with great interest Clark's plan to attack and conquer enemy outposts in the West to prevent their further harassment, and destruction, of the exposed Kentucky stations and to aid the colonial fight for the country's freedom.
Later, on receiving the Governor's instruction to proceed with his plan, Clark chose the captains and lieutenants for his expedition and began recruiting. His diary says:
[January 2] "Appointed W. B. Smith major. He is to receive 200 men [on the Holston] and meet me in Kentucky the last of March." "3. Advance Major Smith 150 pounds for said purpose.”[8]
These actions are on record in the Illinois Historical Collection, V. 8, pp. 36-37, according to Temple Bodley.
The territory that was referred to as the "Northwest" is what now comprises the States of Illinois, Indiana, and Ohio. The first part of Clark's mission was completed when he captured Kaskaskia on the night of July 4, 1778. The American writer Winston Churchill gives a fascinating account of that feat in his book The Crossing. Vincennes was taken the following year. There are numerous published works on these expeditions and the difficulties that followed for the reader who likes early American history.
The Virginia Magazine of History, V. 15, p. 88, provides evidence that Smith gave military service in Kentucky prior to the "Northwest" expedition: "1777, December 11. Smith, Captain William Bailey, for pay for his Company of Kentucky Militia, p. Pay and Cert., 878. 7. 7."
William Bailey Smith "finally settled about 16 miles from the site of the present city of Henderson, Kentucky, on a tract of land which he received from John Luttrell, of the Transylvania Company, in payment for his services. His residence was near what afterwards was known as 'Smith's Valley,' mouth of Green River. ...”[9] He received a grant of 400 acres of land in Ohio County, Kentucky, on February 19, 1780. He also claimed for his brother Presley Smith a preemption of 1,000 acres "lying on Panther Creek Waters of Green River below the land of William Bailey Smith on the said creek" and "a preemption of 1,000 acres of land at State prices...lying on Panther Creek adjoining the lands of Presley Smith"[10] for Peter Smith, presumably the brother of Presley and William Bailey Smith. These preemptions were granted "on account of marking and improving the same in the year 1776." Nancy Smith, sister of the Smith men, made an entry for 1,000 acres on Clifty Creek in January 1783.
William Bailey Smith died October 19, 1818, in Daviess County, Kentucky. He never married. After his death a will was presented for probation by Moses F. Smith, his nephew, the son of Peter Smith of North Carolina. Presley Smith, of Washington County, Kentucky, brother of William Bailey Smith and Peter, entered a suit in chancery claiming the will was a fraud, etc. A lengthy proceeding ensued and after Presley's death in 1819, his son W. B. Smith, Jr., pursued the court action. Moses F. Smith declared that if the will was a forgery, he was not aware of it.
There is a file of papers on this court suit in Circuit Court Equity File Box No. 17, in the Daviess County Court House at Owensboro, Kentucky. On my brief visits to Owensboro, I have had time to copy only a few of the papers. Some of the more pertinent ones from a genealogical point of view are given as Appendix C.
Although I did not get deeply enough into the file to find William Bailey Smith's will, I have been told that it is dated 1811, made in Ohio County, Kentucky, and bequeaths $500 to nephew James Simpson Smith; $100 to William Wigginton Smith (both sons of William Bailey's brother Peter), old slave Sinah to be set free; and balance of estate to Moses Smith. Witnesses: Richard Taylor and Jacob Shaw.
Mentioned in papers pertaining to the suit were Nancy Smith Boggess and her children, who are listed above; the children and heirs of Peter Smith, who will be named later in this text.
Since William Bailey Smith and his nephew Moses F. Smith both lived in Daviess County, and nephews William W. and James S. Smith lived nearby in Muhlenberg County, it seems likely that they had more contact with him than did his brother Presley, who lived at a considerably greater distance in Washington County. In his later years, it is not likely that he needed personal attention and assistance in the management of his affairs that only persons close at hand could give.
[1] Ranck, George W., Boonesborough, John P. Morton and Company, 1901, p. 12
[2] Ibid., p. 1
[3] Ibid., p. 8
[4] Ibid., p. 12
[5] Ibid., p. 54
[6] Ibid., pp. 114-115
[7] Bodley, Temple, History of Kentucky, v. 1, 1928, p. 211
[8] Bodley, p. 151
[9] Ranck, p. 115
[10] Register Kentucky State Historical Society, V. 21, Certificate Book, p. 184
Appendix B - The Will of James Smith
Fairfax County Will Book A (No. 1), Part 2, page 280
In the name of God Amen, the 14th day of October I, James Smith of the County of Fairfax in the 1749 Colony of Virginia, being sick and weak but of perfect memory and understanding thanks be to God and calling to mind my mortal state and that it is appointed for man once to die, I do make and ordain this my last Will and Testament, that is to say first of all I recommend my soul into the hands of the Great God of Heaven and Earth and my body to be buried in a decent Christian form at the Discretion of my executors and as tuching such worldly estate as the Lord God hath bin pleased to bestow on me, I give, bestowe and devise of the same in the following manner and forme.
ITEM. I give and leve all my land to my three sons Peter Smith, William Smith and Presley Smith to them and their heirs of their body lawfully begotten in the following manner, that is to say, all the land below the branch where I now live up to the back line of my young land to be one’s part and all the land above this said branch to be divided across from the branch to the back line by a spring below peach orchard hill for two other parts, and my eldest son to have first choice.
ITEM. I give to my son Peter Smith one Negro woman named Janey to him and the heirs of his body lawfully begotten with all increase and in case said son Peter should dye without any lawful Eshew then to my son William and his heirs forever and on Default of such heirs my other son and his heirs.
ITEM. I give to my son William Smith one Negro woman named Sue to him and the heirs of his body lawfully begotten with all her increase forever.
ITEM. I give to my son Presley Smith one Negro girl named Beck to him and the heirs of his body lawfully begotten with all her increase forever, and in case my two sons William Smith and Presley Smith should dye without any lawful Eshew (issue) then their Negroes to goe to my son Peter Smith and his heirs.
ITEM. I give to my daughter Anne Smith the sum of 25 pounds current money or a young Negro at the discretion of my executors to her and the heirs of her body lawfully begotten.
ITEM. I give to my Loving wife all my money and all my Tile (?) cash, to her for her proper use Duren her natural life and after her decease to be equally divided among my four children aforementioned.
ITEM. I give to my son Peter Smith my still and furniture thereof to him and the heirs of his body lawfully begotten.
ITEM. My will is that all the remainder of all my moveable estate be equally divided to my wife and children according to Law, further I constitute and appoint my loving wife Elizabeth my executor of this my last Will and Testament In Witness whereof I hereunto set my hand and seal the day and year above written.
James Smith
Witnesses: Hugh Thomas, William Moon, Charles C. Morris, John Smith
-----------------
At a Court held for Fairfax County September 24, 1751, this last will and testament of James Smith, deceased, was presented in court by Elizabeth Smith the executor therein named, who made oath thereto according to Law and being further proved by the oaths of Hugh Thomas, William Moon, and John Smith, three of the witnesses, was admitted to Record and the said executor having performed what is usual in such causes certificate is granted her for obtaining approbate thereof in due form.
Jess John Graham, Clerk.
P. 519. Inventory of James Smith.
(Inventory was too long to copy. Total worth was not given. It mentioned valances and curtains, books, pistols and sword, tools, in addition to the usual household goods, dishes, etc. The appraisement was returned to the court on June 17,1752.)
Appendix A - Arbitration between the heirs of Daniel Jennings and James Smith
Deed Book G, Fairfax County, Virginia, page 279.
To all Christian people to whom this present writing of award shall come, George Mason of Gunston Hall in the parish of Truro and County of Fairfax sendth greetings, whereas Peter Smith late ofWestmoreland County died seized of certain lands situate[d] lying and being upon Bull Run now in the said parish of Truro and County of Fairfax which by his last will and testament he devised to several children, and whereas divers disputes and controversies touch, and concerning the division and boundaries of the said lands have been heretofore moved and defended (?) between Elizabeth Landman widow of James Smith and William Smith the son and heirs of James Smith deceased who was one of the sons of the Devisees of the above named Peter Smith the Testator of the one part and James Jennings deceased who purchased from Thomas Smith another of the sons and Devisees of the said Peter Smith the Testator of the other part for the appeasing ending and finally determining whereof the said parties have submitted themselves and are become bound each to the other by their several obligations dated the 11th day of June 1767 in the sum of 100 pounds with conditions thereunder written for the performance of the award arbitrament by Hawson Hooe, John Hooe of the County of Prince William gentlemen and in case they should disagree in their opinion then for the performance of the award arbitrament and determination of Colonel George Mason as umpire between them as by the said obligations and conditions doth and may more fully and at large appear and whereas the said Hawson Hooe and John Hooe gentlemen have disagreed in their opinion and have certified the same under their hands the 3rd day of this present month of July,
Now Know Ye that I the said George Mason have taken upon myself the charge and burden of the said award...do by these presents arbitrate determine award and order that a certain branch or run running through the said lands from the back part thereof Into Bull Run general called the dividing branch the same lying and being between the said James Jennings' spring branch and a run called the Mill Branch is and shall be a boundary and division between the said lands now held by the said parties under the will of the before mentioned Peter Smith late of Westmoreland County, deceased, namely, the widow Elizabeth Landman, Peter Smith and William Smith claimers from the said James Smith one of the sons and Devisees of Peter Smith the testator and the said James Jennings as a claimer under the purchase from Thomas Smith one of the sons of the Devisees of Peter Smith the testator as aforesaid the said branch or run having been marked and agreed upon and settled as a division and boundary between the said lands by the mutual consent and agreement of the before mentioned James Smith and Thomas Smith, two of the sons of...the said Peter Smith before the said Thomas Smith sold his part thereof and I do further arbitrate determine. ..that the said Elizabeth Landman, Peter Smith and William Smith and heirs and assigns on their part shall not hereafter have use occupy or claim any of the said land lying and being above or on the upper side of the said dividing branch or run and that the said James Jennings his heirs and assigns on his part shall not hereafter have use of...any of the land lying and being below or on the lower side of the said dividing branch or run, but that the same shall be and remain perpetual division and boundary between the said parties and their heirs forever.
George Mason
July 15, 1767
James Smith, Son of Peter Smith of Westmoreland County, Virginia
James Smith was married to Elizabeth . Their children were
Peter
Anne [who later is called Nancy-- perhaps for the same reason Margaret
is called "Peggy"--or perhaps Anne had two names and chose to use Nancy]
James' will was dated 14 October 1749 and was probated 24 September 1751. Because his will is lengthy it is given in Appendix B. He designated his wife, Elizabeth, as "my executor." Interestingly enough, one of the witnesses to the will was Hugh Thomas (Smith's nephew). The inventory that is mentioned briefly in the Appendix indicates that James Smith possessed some of the things not owned by ordinary citizens in those early days, such as valances, curtains and books.
Elizabeth Smith, James' widow, by 1767 was married to a Mr. Landman; it is believed his name was James. We find that one of Elizabeth's sons, Peter, in 1789 sold land in North Carolina to "James Lamman." We know that Peter went to North Carolina to live, and it is not unlikely that Elizabeth and Mr. Landman also went. Sons William Bailey and Presley lived in North Carolina briefly. Nancy eventually lived in Kentucky, so Elizabeth had no children left in Virginia. It is not known when or where Elizabeth died.
Thomas Smith, Son of Peter Smith of Westmoreland County, Virginia
Thomas Smith sold land to Daniel Jenings in 1747 and the sale is on record in Deed Book B, No. 1, of Fairfax County, Virginia. It reads:
"Indenture made the 14th day of April 1747 between Thomas Smith of Truro Parish in Fairfax County, planter, of the one part and Daniel Jenings...witnesseth that the said Thomas Smith for and in consideration of the sum of 100 pounds current money of Virginia...paid by Daniel Jenings...sold a piece or parsel of land containing 325 acres of more or less which Peter Smith, father of Thomas Smith, by his last will and testament dated 10th day of January 1738 did give and bequeath unto his son Thomas Smith; ...being part of 1160 acres of land granted by the proprietors of the Northern Neck of Virginia by deed to the said Peter Smith bearing the date of 30th day of June 1712, which said 325 acres of land is where the said Thomas Smith now dwelleth at Bull Run adjoining to the land of his brother James in the aforesaid parish of Truro of the county of Fairfax, and all houses, outhouses and edifices, building, trees and woods, etc. ...Thomas Smith set his hand and affixed his seal the day and year first above written."
In Fairfax County Deed Book B, page 237, “Thomas Smith acknowledges this to be his act to Daniel Jennings and Elizabeth, the wife of said Smith being privately examined and relinquished her right of dower to said land.” [Here is evidence that Thomas Smith’s wife was named Elizabeth (Fleming)]
Having sold the 35 acres in Fairfax County that he inherited from his father, Thomas Smith leased land in Prince William County, Virginia, in 1749. The transaction is recorded in Prince William County Deed Book L, page 197, and reads:
“Lease. Dated 22 May 1749. Recorded 22 May 1749. Between Francis Watts of Prince William County and Thomas Smith of same. Consideration: 500 pounds of tobacco annually on 25 December. Tract of land for the term of space 99 years in Prince William County on Bull Run containing 103 acres more or less. Thomas Smith covenants to build a sufficient dwelling house and tobacco house and corn house and to plant an apple orchard or 100 trees. First rent to begin December 25, 1751. Witnesses: John Combs, Obed Calvert.”
Thomas Smith died before September 12, 1778, for on that date, an inventory of his estate was presented, as follows:
“Prince William County, Virginia, Will Book G, page 10.
“We the subscribers being first sworn have proceeded to inventory Sept the 12th 1778 an inventory of the Estate of Thomas Smith decd. Presented to our view by the administrator.
“To one lease of Francis Watts for ninety-nine years, seventy years of which is to come, appraised to 100 L. [Inventory amounted to 135 L 0 S and 3 D. Items will not be listed here.] Prince William pet. Signed: John Anderson, Robert Spittle and John Woodyard, sworn before John Flood.”
“At a court held for Prince William County the 5th of Oct. 1778 this Inventory and Appraisement of the Estate of Thomas Smith dec’d was presented to the County and admitted to record.
“Test. Robert Graham Cl. Court”
. . .
“The Estate of Thomas Smith Decd with Charles Smith Admr.
“Cr. September 1778 by amount of the Inventory L 135 0 3
L S D
“To Elizabeth Smith widow her third part of the estate 45 0 1
“To Fleming Smith one ninth part of the remainder of
the estate per receipt 10 0 0
“To John Smith ditto per receipt of his brother-in-law
John Gibbs 10 0 0
“To John Gibbs for one ninth per receipt 10 0 0
“To Elizabeth Smith one ninth ditto 10 0 0
“To my own share of the estate (Charles Smith) 10 0 2
“The balance remaining in my hands for Daniel Smith,
Thomas Smith, Peter Smith and James Smith,
sons of the Deceased now in the State of
South Carolina for each L 10 40 0 0
L 135 0 3
“Note the Debts owed by the deceased have been all paid by the children, the charges of the administration to be hereafter settled and paid by the several claimants time not permitting the inclusion of them in this account by the administrator.
“(Signed) Charles Smith”
Acknowledgements of receipt of the amounts set forth above, for the stated “part” or “share” of estate, were signed by Elizabeth Smith, Fleming Smith, Elizabeth Smith [daughter], John Gibbs, John Gibbs for John Smith. Some bore the date “28th Sept 1778” and others “5th day of Oct. 1778.”
In his History of Spartanburg County, 1900, Dr. J. B. O. Landrum included a chapter headed “Smith Family,” beginning on page 208. Dr. Landrum stated that just before the Revolutionary War five brothers from Bull Run, Virginia, settled in Spartanburg County, South Carolina. He named James, Fleming, Thomas, John, and Charles and told of some of their descendants. He stated that their mother was a Miss Fleming.
While the father’s name was not mentioned and sons Daniel and Peter were omitted, those he did mention are sons named in the will of Thomas Smith of Prince William County, Virginia. It is the opinion of some present-day descendants of this family that Dr. Landrum erred in saying that Miss Fleming was born in France and that the father (Thomas Smith) was born in Wales. One researcher asserts that Elizabeth Fleming was born in 1710 in Richmond County, Virginia, the daughter of Alexander and Sarah (Kenny) Fleming. I have made no attempt to verify this statement. However, Thomas Smith, being the son of Peter Smith of Westmoreland County, Virginia, is not likely to have been born in Wales.
Fleming Smith and his brother Charles served in the Revolutionary War from South Carolina. Fleming moved his family, in 1802, from South Carolina to Cumberland County, Kentucky. That portion of the county in which he lived later became Monroe County, Kentucky. Fleming made application for pension on June 3, 1833, in the state of Kentucky, Application No. S-30708. Pension payments began in March 1833 and the last payment was made on March 4, 1847, according to records in National Archives, Washington, D. C. In Kentucky Family Records, Volume VI, 1977-78, page 77, it is said that Fleming Smith is buried in the cemetery of the Old Mulky Meeting House in Monroe County, Kentucky.
In 1767, a dispute arose over the dividing line between the land he had sold to Jenings and the land owned by James Smith. The controversy was between the heirs of Jenings and the heirs of James Smith. George Mason of Gunston Hall (the George Mason of our history books) was chosen to "arbitrate" the issue. See his award in Appendix A.
William Smith, Son of Peter Smith of Westmoreland County, Virginia
William Smith's will is found in Will Book A, page 478. It reads, in part:
"I William Smith, of County of Fairfax in Colony of Virginia... to wife use of negroes during her life. After her decease to be divided between three sons, Hancock, James and William and their heirs. Executrix: Wife, Letita Smith."
On September 27, 1751, Letita Smith, executor, presented will for probate. It is of interest to note that Hugh Thomas was a witness to this will, along with William Moon and James Turley.
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