Appendix H - Will of Thomas Smith

The following was deleted from the original of this publication by Pearl O. Smith, and has been inserted here for historical purposes.

Thomas Smith's will is recorded in Will Book B, page 374.  It reads:

            "I, Thomas Smith, of Fairfax County...to son William Smith, all my lands wherever situated, except that it is my desire that if the lands for which I have a suit against Colonel Fielding Lewis be recovered, then I direct the same be sold by my said son and the money equally divided between him and my two daughters, Susannah and Mary and their heirs. Also give my son seven slaves and all of my household goods, stocks of all kinds, plantation utensils, feather bed, six silver spoons, two guns, one of which commonly called T. V., I desire may never be parted with out of the family and one silver marked G. M. and the other half of my stocks and household goods at the plantation, to her all the rents and outstanding debts due to me with my crop of tobacco, I give...to be equally divided between my wife and said two daughters. I give my wife the use of my whole estate during her life and at her death, and not before the same, to go as directed above.  Son William sole executor."

Sealed March 15, 1764.

Inventory shows that John West received quit rents for 1594 acres of land.  Paid. 

Silas R. Smith, son of Zachius Tate Smith

Silas R. Smith, son of Zachius Tate Smith,  1849-         married Lucinda Endicott.  Children were Thomas and Dave. 

William C. Smith, son of Moses F. Smith

William C. Smith, son of Moses F. Smith, died by 1852; married Martha Wall in 1847 in Daviess County. Their children were:

                       

Thomas Smith

Catharine Smith, who married Alonzo O. Salmon in 1863 in Daviess County

Moses F. Smith, son of Peter Smith of Caswell County, North Carolina

Moses F. Smith (son of Peter and JemimaSmith), born in 1784 in North Carolina. He married Frances "Fanny" Allen, daughter of Charles Allen of Franklin County, Kentucky.  Fanny's date of birth was August 31, 1793; she died in 1861 in Daviess County, Kentucky.  She probably had a brother named Memucan Allen.  Moses F. and Fanny Smith seem to have resided in Daviess County most of their married lives.  Moses F. died in Daviess County in 1859.

One Moses Smith received 57 acres of land in Muhlenberg County, Kentucky,  located on Beech Creek on January 28, 1803 (Jillson Land Grants Book 2, p. 523).

Moses F. Smith was one of the administrators of the estate of his uncle, Major William Bailey Smith, whose will was dated 1811 in Ohio County, Kentucky.  In that will his uncle left most of his estate to Moses F. Smith.  In 1853, Moses sold to his daughter Fanny, for $4,300, a "tract of land lying and being in the county of Daviess on the waters of Green River and Panther Creek and the unsold part of the following survey deeded by the Commonwealth of Kentucky on the 19^th day of June, 1795, to William B. Smith and devised by said William B. Smith to the party of the first part (Moses F. Smith)... containing 860 acres..." (See Davies County Index to Deeds, Grantee, Book K, p. 545)

Charles Allen, on July 30, 1822, deeded to his grandchildren, the first six children of Moses F. Smith, 200 acres of land in Daviess County, "it being the tract of land formerly owned by William B. Smith and including a ferry called Smith's Ferry and the plantation whereon Moses F. Smith now lives...it being the same land conveyed to the said Charles Allen by Moses Smith and Richard Taylor, executors of William B. Smith, etc."

Moses F. and Frances "Fanny" Allen Smith were the parents of eleven children, as follows:

Allen S. Smith died by 1846 in Daviess County, Kentucky.

William C. Smith 

James R. Smith, died by 1846; did not marry

Sarah Ann "Sally" Smith 

Mary A. Smith 

Frances D. "Fanny" Smith

Thomas Smith died by 1860; died young.

Memucan Smith died by 1860; died young.

Elizabeth Holland Smith

Susan H. Smith

Tobitha Smith

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 11^th 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 3^rd 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

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 14^th 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 10^th 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 30^th 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 12^th 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 5^th 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 “28^th Sept 1778” and others “5^th 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.

Will of Peter Smith of Westmoreland County

Westmoreland County (Virginia). Deeds and Wills No. 9, 1738-1744

In the name of God, Amen.  The tenth day of January 1738, I Peter Smith of the County of Westmoreland in Virginia being in health and of perfect mind and memory thanks be given unto God therefor calling to mind the mortality of my body and knowing that it is appointed for all men once to die do make and ordain this my last will and Testament that is to say Principally and first of all I give and Recommend my soul into the hands of God that gave it and my body I Recommend to the Earth to be buried in decent Christian Buryal at the discretion of my Executors nothing doubting but at the General Resurrection I shall receive the same again by the mighty Power of God and as touching such worldly Estate wherewith it hath pleased God to bless me in this life I give devise and dispose of the same in the following manner and form.

Imprimise.  I give and bequeath to my Daughter Mary Fleming forty Eight acres of Land where she now lives according to the courses of a Survey that Barber made Beginning at a corner tree of Whetstons land to her and her heirs for Ever.

Item.  I give to my son Peter Smith the Remaining Part of all the land that I possess in Westmoreland County to him and his heirs for Ever.

Item.  I give to my son James Smith three hundred and twenty five acres of Land in Prince William County lying and being on Bull Run where he now Lives to him and his heirs for Ever.

Item.  I give and bequeath to my son Thomas Smith three hundred and twenty five acres in the aforesaid County where he now lives to him and his heirs for Ever.

Item.  I give to my son William Smith three hundred and twenty five acres in the aforesaid County to his liking out of the Remaining Part of the same tract of Land to him and his heirs for Ever.

Item.  I give to my Daughter Abigail Fleming and my Grand Daughter Anne Bailey the Remaining part of that tract of Land in Prince William County aforesaid my daughter Abigail having the first choice, to them and their heirs for Ever.  AND as for what moveable Estate it hath pleased God to bestow upon me I give and bequeath as Followeth.

Item.  I give and bequeath to the heirs of my son John Smith one shilling Sterling money.

Item.  I give to my son James Smith one shilling Sterling money.

Item.  I give to my son Thomas Smith one shilling Sterling money.

Item.  I give to my son William Smith one shilling Sterling money.

Item.  I give to the heirs of my Daughter Anne Thomas one shilling Sterling money.

Item.  I give to my daughter Mary Fleming one shilling Sterling money.

Item.  I give to my Daughter Hannah Ware one shilling Sterling money.

Item.  I give to my Daughter Martha McClanahan a feather bed at the discretion of my Executor hereafter named.

Item.  I give to my Daughter Abigail Fleming one shilling Sterling money.

Item.  And the rest of my moveable Estate not already bequeathed I give and bequeath to my son Peter Smith whom I likewise Constitute make and ordain my whole and sole Executor of this my last will and Testament. And I do hereby utterly Disallow Revoke and disannull any and every other former Testament Wills Legacies and Bequests and Executors by me in any way before named willed and bequeathed Ratifying and confirming this and no other to be my last will and Testament. In witness whereof I hereunto set my hand and seal the day and year above written.

Peter Smith (Seal)

Signed Sealed Published and Pronounced and declared by the said PeterSmith as his last will and Testament in the presence of us.  Witnesses.  James Walker, Stephen Bailey, Jr., Hugh Thomas.

Westmoreland SS At a Court held for the said County the 28^th day of April 1741. This last will and Testament of Peter Smith deceased. Being presented into Court by Peter Smith his son and executor who made oath thereto and being proved by the oath of all the Witnesses thereto is admitted to Record and upon the motion of the said Executor and his performing what is usual in such cases Certificate is granted for him obtaining a Probate thereof in due form.  Recorded the twelfth Day of May 1741.

Teste.

George Tuberville C. C.