Appendix C - William Bailey Smith Papers

To the Honorable, the Judge of the Davis Circuit Court in Chancery sitting the Bill of Complaint of Presley Smith Senior and [Nancy] Boggess Brother and Sister of William B. Smith late of Daviess County who departed this life without lawful issue leaving his Brothers and sisters or their representatives his heirs at law--that the said Smith died on the 19^th day of October in the year 1818 intestate as it was until lately believed.  But that lately--at the May Term in the Present year of the Daviess County Court Moses Smith and Richard Taylor have produced a paper which they pretend to have been the will of the said William B. Smith--which has been on the testimony produced by the said Taylor and Moses Smith admitted to record by the County Court of Daviess and the said Moses and Taylor supposed to qualify as the executors to the said will--which said pretended will and the said orders of the County Court are herewith filed and made part of this Bill--Your orators expressly charge that the said testament is not the last will and testament of the said Wm. B. Smith, as they believe and that the same was not subscribed and executed by him--Your orators charge that the said William B. Smith died possessed of several tracts of land and a considerable personal property in the County of Daviess--and a large and valuable landed estate in the County of Henderson--that your Honors will perceive that by the said pretended will the said persons are directed to expose the whole of the said property both real and personal to sale, and in fact the said persons have advertised a considerable part of the said property to sale on the 12^th day of June past, which will tend much if carried into effect to embarrass and invade the rights of the complainants--and to disburse the personal property--wherefore they pray your Honors the circumstances considered to enjoin the said Moses and Richard Taylor from selling or otherwise disposing of the said Estate until the validity of the said will can be tried--and that they be compelled to preserve the same from injury and waste--That an issue may be directed to be made up and tried, whether the said will is the last will and testament of the said Wm. B. Smith-- and that the said Moses Smith and Richard Taylor and William W. Smith and James S. Smith and Joseph Layton may be made defendents to this Bill that Your Honorable Court will be recorded to decree such other or Further relief to the complainants as they may be justly entitled to--and as in duty bound will ever pray be—

W-? Bean and Thos. Towles 

Attys. for compts.

William B. Boggess  Richard H. Boggess  Peter A. Boggess  Warren Boggess  Joel Boggess  Ellinor Price late Ellinor Boggess and John Price her husband  Lemuel Boggess Robert Boggess  Thomas Bell and Hannah Bell his wife formerly Hannah Boggess  children and heirs of Nancy Boggess  decd Sister and Heir at law of Said William B. Smith Deceased.

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            State of Kentucky.--Robert Boggess this day personally appeared before me Benjamin Shackelford one of the Circuit Judges in and for the State of Kentucky and made oath that the statements of the written bill so far as they are related of his own knowledge are true and so far as they are related from the information of others he believes them to be true.  Given under my hand this 7^th day of June 1819.

B. Shackelford

Smith Heirs

vs Bill-

Smith Exrs.

To the Clerk of the Davis Circuit court-

Let an injunction go according to the prayer of the written bill on the complainants entering into bond in your office with Elijah King their security in the penalty of one thousand dollars conditioned as the law directs.  Given under my hand this 7^th day of June 1819.

B. Shackelford

Filed 11^th June 1819

  Geo. Handley Clk.

                                                           

                                                                                                            July term, 1819

                                                                                                            1^st August

The Commonwealth of Kentucky to the sheriff of Daviess County...You are hereby commanded to summon Moses Smith and Richard Taylor, William W. Smith, James S. Smith and Joseph Layton to appear before the Judge of Daviess Court at the Court House in Owensborough on the first day of our next July term to answer a bill in chancery exhibited against them in said Court by Presley Smith Senr. and other heirs of Nancy Bogess, deceased, and this they shall in no wise omit under penalty of 100 pounds each and have them there this will witness George Handley clerk of our aforesaid [Court] at the court house aforesaid, this 11^th day of June 1819 and in the 28^th year of the Commonwealth.

                                                                                                            George Handley

(On back of this document) N. B. [Nancy Boggess?] To enjoin the written names Moses Smith and Richard Taylor from selling or otherwise disposing of the estate of the late William B. Smith, decd. until the validity of the last will and testament of the said deceased can be tried, by order of the Honorable Benjamin Shakelford, Judge.

                                                           

            Know all men by these presents we Presley Smith Senr. and Elijah King are held and firmly bound unto Moses Smith and Richard Taylor, William W. Smith, James S. Smith and Joseph Layton in the sum of $1,000.00 current money to be paid to them and heirs, executors, etc....for which payment will and truly to be made we bind ourselves our heirs...jointly and severally firmly by these presents seal with our seals and dated this 11^th day of June 1819.

            The conditions of the above obligation is such that whereas in a suit in chancery about to be commenced in the Circuit Court for Daviess County in which the above bound Presley Smith Senr. and other heirs of Nancy Boggess are combined and the said Moses Smith, Richard Taylor, William W. Smith, James S. Smith and Joseph Layton are defendents the said Presley Smith and other heirs of Nancy Boggess have prayed for and obtained from the Honorable Benjamin Shackleford ...an injunction in chancery enjoining and restraining the said Moses Smith and Richard Taylor from selling or otherwise disposing of the estate of William B. Smith, decd., until the validity of the last will and testament...can be tried and vaus if the said complainants shall cause their said injunction to be made perpetual or in case the same shall be dissolved shall set and pay to the defendents all such damages and losses as shall be adjudged against them upon the hearing and determination of the said suit and injunction in chancery then the same obligation to be void otherwise to remain in full force and virtue.

                                                                                                E. King Attorney in fact

                                                                                                for Presley Smith

                                                           

The Commonwealth of Kentucky to the sheriff of Muhlenberg County....You are hereby commanded to summon James Simpson Smith, William Wigginton Smith, John Bailey Smith, Elias Guess Smith and Aaron C. Smith to appear before the judge of the Daviess Circuit Court at the court house in Owensborough on the first day of next April term to answer a certain bill in chancery filed against them and others in said court by the heirs of Presley Smith and others and this they shall not omit under penalty of 100 pounds and have them there this writ witness George Handley clerk of our said court at the court house aforesaid the 15^th day of December 1819.

(Note that summon states “to answer a certain bill...filed...by the heirs of Presley Smith." The earlier bill had been filed by Presley Smith himself.  This would seem to indicate that Presley died between June 11, 1819, and December 15, 1819.)

Commonwealth of Kentucky, Daviess County.

            This day George Smith personally appeared before me one of the Commonwealth's Justices of the peace for the county aforesaid and made affidavits that Elizabeth Hornbuckle, Levi Blackwell, and Patsey Blackwell late Patsey Smith and Presley Wheeler Smith heirs and legatees of Peter Smith, deceased are not inhabitants of this Commonwealth who are defendents in a suit...Elijah King and others are complainants.

                                                                                                            George Smith

                                                                                                Benj. Duncan

                                                           

            The answer of Moses Smith to a bill of complaints in libeled against him...by Presley Smith's heirs.  He avers and saeth that he was not present when the will of William B. Smith was signed, sealed, acknowledged and delivered to the witness.  He said that if the will is a forgery he is ignorant of the fact.  He saeth he believes it to be a genuine will and the actual deed of the said Smith.  He denies all fraud...He prays to be hence dispensed with this case.

                                                                                                Moses Smith

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.

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[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

Nancy Ann Smith, Daughter of James Smith

Nancy married Richard Boggess, also of Fairfax County.  Robert Boggess is listed in connection with the purchase of land in the early Fairfax County records.  Richard may have been a son of Robert.  Richard Boggess and William Bailey Smith were on July 3, 1773, witnesses to the will of Stephen Martin in Orange County, North Carolina.  Richard must have been a citizen of the community or he would not have been asked to serve in this capacity.

Richard Boggess went to Muhlenberg County, Kentucky, about 1797.[1]  He and Nancy settled near Pond Creek, in the vicinity of Greenville, where he died about 1805.  They had a large family of children, whose names were:

            Richard, Jr.

            J. Warren

            Joel

            Peter

            Robert

            William

            Lemuel

            Eli

            Elinor

            Hannah

Record has been found of the first four marriages listed below.[2]

            Hannah to Thomas Bell, October 1803;

            Robert to Rosanna Rumaldy, February 6, 1809;

            Lemuel to Rachel Oates, October 11, 1821;

            Peter to Sally Kirtley, January 22, 1824;

            Elinor to John Price.

It is quite probable that some of the Boggess children married before they went to Kentucky; thus, their marriages are not on record in Muhlenberg County.

From Rothert we learn that Peter Boggess was appointed, at the second meeting of the county court on Tuesday, June 25, 1799, and took the oath of office as constable.  Peter is referred to as a well-known pioneer.

William Boggess was among the members of the first petit jury of the court of quarter sessions that was impaneled on March 25, 1800. 

More information about the descendants of Richard Boggess and Nancy Anne Smith can be found here.

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[1]  History of Muhlenberg County, Kentucky, by Otto Rothert, 1913, p. 48

[2] Muhlenberg County, Kentucky, Marriages, by Mrs. Evelyn M. Cox and Mrs. Leila F. McCulley

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 14^th 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

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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.)

James Smith, Son of Peter Smith of Westmoreland County, Virginia

James Smith was married to Elizabeth              .  Their children were

            Peter

            William [Bailey]

            Presley

            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.