John, Who?

I’ve decided to tackle for my clarity/proof, the different John Smith’s of Johnston County (up to 2 generations deep) and how they fit genealogy wise.

John Smith Senior
By examining patents of Craven and Johnston County, NC, he and his assumed brother Samuel Smith Senior migrated to the Johnston County area likely between the late 1730’s and early 1740’s.  John’s children are known to be John Smith Jr, Elizabeth Smith Bryan, Nancy Ann Smith Bryan,  Jane Smith Phelps, Alexander Smith, Samuel Smith and Pherebee Smith Hinton. {Mary Smith Williams is proposed, in Vol 2 of Whitfield, Bryan, Smith, and related families, as another child of John Smith Senior. I have not found anything that supports this claim.}

One of the best sources comes from a newspaper …

This clipping coincides with the Bill / Suit (transcribed – Tennessee Records of Knox County, Superior Court Record Book “b” 1797 – 1804 Part II / by The Historical Records Survey, 23 April 1939, pages 352 – 365) set forth by Samuel Smith

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IN EQUITY ORIGINAL BILL
Samuel Smith Administrator & C against Ann Bryan & others the Heirs and Legal Representatives of John Smith, Sr.

To the Honorable the Judges of the Court of Equity for the District of Hamilton in the Territory of the United States of America south of the River Ohio – The Bill of Samuel Smith Administrator and One of the Heirs of John Smith, Senr. Deceased – against – the Heirs or legal Representatives of Ann Bryan late of Johnson County North Carolina, deceased, the Heirs & C of Elizabeth Bryan late of Johnson County North Carolina, deceased, the Heirs & C of John Smith, Junr. Late of the County of Hawkins North Carolina now the territory of the United States south of Ohio, deceased, the Heirs of Alexander Smith late of Cumberland County, deceased, John Hinton and Pheruba Hinton of Wake County and Jane Phelps relict of Thomas Phelps Deceased of Rowan County Defendants – Humbly Complaining sheweth to your Honors your Orator Samuel Smith Admr. And One of the Heirs of John Smith Senr. Deceased that the said John Smith Senr. Departed this life about the Month of February 1793 not having made any Will or Testament as your Orator believes, that Orator being the only surviving son of the said John Smith obtained letters of Administration on the Estate of the said Deceased from the Court of Jefferson County, that the said John smith Senr. At the time of his decease was possessed of personal Estate of considerable Value, which your Orator had taken into possession and by Order of said Court has exposed the same to public sale, that the amount of the said sales is ten thousand five hundred & forty two and One half Dollars, out of which sum all just claims against said Estate are to be discharged and the remainder to be distributed agreeably to Law among the several heirs of the said Intestate –

Your Orator further sheweth that the said John Smith Senr. Had six Children (Exclusive of your Orator) viz Anne (who was married to Needham Bryan now deceased) Elizabeth (who was married to William Bryan now deceased) John, Alexander, Jane (intermarried to Thomas Phelps now Deceased) and Pheruba married to John Hinton that the said Anne, Elizabeth, John and Alexander died during the life of the said Intestate having each left children as legal Representatives to claim in the room of the deceased Parent; that your Orator, Jane Phelps and Pheruba Hinton are the only surviving children of the said Intestate – and your Orator further sheweth that each of the said children (your Orator included) during the life of said Intestate have been advanced with portions by him in a greater or less degree, and our orator doth not know to what sum each of said children or their legal Representative are entitled by Law until it can be ascertained what sum or sums have been advanced to each in the life time of said Intestate, which your Orator believes can only be done in this Honorable Court of Equity where the parties may be compelled to answer and Account on Oath – Your Orator admits that he hath received in advancement from the said Intestate in his life item cash, Negroes and Other property agreeable to the schedule annexed to this bill and further states that the said schedule with (he prays may be taken as part of this Bill) doth contain to the best of his knowledge information and belief an Account of the several sums of money, Negroes and other property advanced by said Intestate in his life to the parties in the Bill contained and also the amount of the purchases made by said parties at the sale of said Estate by your Orator as Administrator. —- To the end therefore that Justice may be done to the several heirs of the said Intestate,and that your Orator may know to whom and in what propriation he is to pay the surplus of the said Estate after deducting all Just charges and disbursements your Orator prays that the said Jane Phelps, John Hinton and Pheruba Hinton his wife, and the heirs or legal representatives of the said Anne Bryan, Elizabeth Bryan, John Smith Junr., and Alexander Smith deceased may be made parties to the Bill, and that hey and each of them may be compelled by process of this Honorable Court to make true full and perfect answer to all and singular the matters and facts in this Bill of Complaint contained not only as to their positive knowledge and remembrances but also as to the best of their information knowledge and belief as far fort as respects their Interest in said Estate, and more particularly whether they each of them or their deceased parent whom they represent have not received certain parts or portions in Advancement from the said Intestate in his life time – Did they not severally received the sums of money slaves or other property as in the annexed schedule mentioned Did they receive any other sums of money any other slaves or other property in like manner from said Intestate? Of what age and sex and what Estimated value were the slaves and what time were they so given? What the estimated value of the other property? Did the children of the said Ann Bryan, Elizabeth Bryan, John Smith Junr. And Alexander Smith or either of them since the Decease of their parent through whom they claim received any slaves or other property from the said Intestate of what kinds and to what Amount estimated value? What parts or portions has the said John Smith Senr. Give to any of his Grand Children during the life of his her or their parent – That the surviving children and the legal Representatives of the deceased children of the said Intestate may fully and fairly account each for himself with your Orator respecting the premises; That your Orator may be a Decree of this Honorable court be directed to whom and in what proportion to distribute the surplus of the Estate of the said Intestate – And that those of the Heirs of the said Intestate (if any) who at the sale of said Estate have purchased more than they are entitled by Law to hold as their part or portion may be compelled by Decree of this Honorable Court to pay the same into the Hands of your Orator to the use of those who may be entitled to receive the same agreeable to law, may it please your Honors to Grant your Writs of Subpoena commanding the said John Hinton and Pheruba Hinton, and Jane Phelps and the Heirs or legal Representatives of the said Anne Bryan Elizabeth Bryan, John Smith Junr. And Alexander Smith deceased at a certain day and under a certain penalty therein to be inserted to appear before this Honorable Court then and there to answer the premises and to stand to and abide such Order and Decree therein as to your Honors shall seem Agreeable to Equity and good conscience and your Orator shall ever pray.

Roan Atto.

Samuel Smith maketh Oath that the facts set forth in the Bill of Complain that are of his own knowledge are true and those not of his own knowledge he Believes to be true – And that he hath not exhibited this Bill through fraud or collusion with all or either of the Defendants or any other person or persons, but only to be indemnified and to pay the monies of the Estate of John Smith Senr. Deceased in his hand to such persons as this Court shall order or adjudge the same to belong –

Sworn to this third day of June 1794 Before me David Campbell one of the Judges of the Territory of the United States South of the River Ohio
David Campbell

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Many secondary published sources has John Smith Senior dying in Johnston County, NC 1777. However, I’m inclined to conclude that John Smith Senior died in 1793 in Hawkins County, Tennessee based on the above and that Samuel reported the account of the sale of the estate of John Smith Senior to the courts in Tennessee on 30 August 1793.

John Smith Junior
Is the son of John Smith Senior, above. He lived in Johnston County, NC before moving to Tennessee in the late 1780’s with his father. They may have left prior to 1787 as they do not appear as head of household on the ‘State Census of North Carolina 1784 – 1787, Johnston County’.

Here is an ad in the The Virginia Gazette (Williamsburg, Virginia) 26 February 1780, where John is trying to sell off property in Johnston in anticipation of moving west.

John’s children are believed to be John Smith III, William Smith, Gideon Smith, Brittain Smith, Edith Smith Allen, Jane Smith Bridges, and Abigail Smith Rice. There appears to be other children of John Smith Jr (Phember, James and other minor children) as described in the courts ruling on the case against the heirs of John Smith Sr.

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Samuel Smith Administrator & c
Vs. Ann Bryan and others the Heirs and Legal representatives of John Smith Senr. Original Bill

William Smith and Gideon Smith heirs of John Smith Junior deceased having filed their demurer to this Bill, on argument thereof It is ordered that the Demurer be overruled and that he said defendants do answer over to the Bill—
Ordered by the Court that William Smith be appointed guardian to Phember Smith, James Smith and other minor children of John Smith Junior Deceased if any for the sole purpose of making answer to this Bill on behalf of said minors —
For reasons appearing to the Court, It is ordered that Jane Felps one of the heirs of John Smith the Elder, put in a further and better answer at next Term—-
Some of the Heirs and Representatives of John Smith the Elder having failed to answer conformable to the rules of this Court, and it appearing to the satisfaction of this Court, that they are not Inhabitants of this Government, It is therefore ordered that the said Heirs and representatives who have not yet answered the Bill of the said Samuel Smith do file their several answer either by themselves or their legal guardians at the next Term of the said Court to be held for the District of Hamilton in Knoxville on the Second Tuesday of October next an that a Copy of this order be published in the Knoxville Gazette, and also in the Gazette published in Fayetteville North Carolina —-
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It’s presumed that John Smith Jr died at around 66 years old. It appears that he may have married a second or third time which could explain him dying with minor children at 66.

The majority of secondary sources show John Smith dying in 1790. This could very well be likely based on the contents his son’s, Gideon, response to the court in 1797, showing that John Smith Jr passed before his father John Smith Sr (1793).

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State of Tennessee Hamilton District
Superior Court of Equity April Term 1797
The Answer of Gideon Smith to the Bill of Complaint of Samuel Smith Administrator of the Estate of John Smith Deceased or unto so much thereof as he is advised is material for him to make answer unto he answereth and saith that he is not able to say with any degree of certainty what property or whether any was ever giving by John Smith Senr. To John Smith Junr. But knows that John Smith Junior deceased furnished John Smith Senr. Deceased with Large quantities of Grain at different times for his support and does not know or believe that John Smith Senr. Ever paid his father anything for the same, and as to the seven negroes complained for in the Plaintiffs bill your respondent believes them to have been the property of John Smith Junior as he knows he raised them and that they were in his possession at the time of his Death after which his grandfather John Smith Senr. Took the Negroes from the Estate of John Smith Junr. Deceased and gave them in the following matter to wit, One negro fellow named Bresco to William Smith, One negro fellow named Lemmon to Bretean Smith, One negro fellow to your respondent named Orange, and your Orator believes one negro girl name Treasey to Ferribee Smith and your Respondent believe one negro named Jerry to William Smith, two others the negroes named taken as aforesaid your respondent believes was sold by the Administrator of John Smith Senr. Deceased, as to the other matters and things charged in the Plaintiffs Bill of Complaint so far as is with the knowledge of your respondent is not true. Your respondent therefore prays that you will order & decree his ratiable part of the Estate of John Smith Senr. Deceased which he is entitled to under the Statute of distributions and that then he be dismissed with his reasonable Costs.
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John Smith III
Is the son of John Smith Junior, above. There is not much known about this John. In Whitfield, Bryan, Smith and related families John is listed as a son and “perhaps dead by 1793 as he is not mentioned in the will of his brother”. But caution is observed here because of the witnesses to Brittian’s will (John’s brother).

Who is this John Smith? Brittian’s will was dated 3 February 1793. His father died 1790. Is witness John Smith, Brittian’s grandfather, who died about February 1793 in Tennessee or his brother? I would lean more to the latter as it is unlikely that John Smith Sr would have signed having died in the same month and living in Tennessee. Additionally, Brittian’s brothers children (William had a son named John) would have been at most teenagers. This John Smith could also come from the Samuel Smith Sr side of the family or be his cousin John Smith, son of his fathers brother, Alexander, who would have been about 21 at the time.

What is definitely puzzling is that their is no mention of John in Brittian’s will or in the legal bill brought by Samuel Smith.

In reviewing the Record of Estates Johnston County, North Carolina Vol. I – V 1781 – 1807, the below does cast light that John Smith III was real.

“147. Sales of est. of John Allen, dec. 27 Sept. 1796 & 17 Dec. 1796. John Bryan & John Smith, {listed as John Smith Jr in will of John Allen} Exec. Buyers – Nathan Holcloth, John Oliver, William Farmer, Isaac Stallings, John Bryan, Jr., John Searcy, E. Allen, John Bryan, Sr., Calvin Jones, Loverd Bryan, Danniel Averett, John Sanders, John Pool, Bryan Smith, John Smith, short, Willis Watson, David Bell, Hardy Bryan.”

“27. Sales of est. of John Allen, part such as was willed the widow her life & was directed by sd. will to be sold. 22 May 1801. Negroes to Willis Watson, John Smith, Jr. & Robt. Gulley, Jr. House & Lot #8 to John Bryan, Jr., Lot #9 to  Willis Watson, Bridge to Willis Watson, House & Lot #12 to Willis Watson. Jno. Smith, Jr. Exec.”

Also in a Johnston County deed of 1802 Book B2 page 21 John Bryan & John Smith Jr Executors of the estate of John Allen sell lot 12 in Smithfield to Willis Watson. In this deed the usage of ‘Jr’ is apparent again.

In 1796, 1801 and 1802, John Smith Sr and John Smith Jr are deceased. John Smith III is also a Junior and I would assume if John Allen was writing out his will, he could have referred to John Smith III as Junior because of the family dynamics and he knowing his father-in-law as Senior and John Smith III as Junior. Also in theory, John Bryan, the other Executor listed in John Allen’s will, likely could be John Smith III’s cousin (John’s mothers (Edith Smith) sisters (Elizabeth Smith Bryan) son)

John Smith
Is the son of Alexander Smith, and Alexander is the son of John Smith Sr. John was about 5 when his father died. John was born 1772 and died 1851 in Cumberland County, NC. John’s children are known to be Elizabeth Smith Evans, Alexander Smith, Isabella Smith, Farquhard Campbell Smith, Mary Smith, John Campbell Smith, Jane Smith Mallett, William Turner Smith, Robert Smith and James Campbell Smith.

John Smith
Is the son of Samuel Smith Sr. John is mentioned in his father’s will. According to Whitfield, Bryan, Smith, and related families, John’s known children are Alexander Smith, John Smith, Ruth Smith Vinson, Lucinda Smith Richardson, Allen Smith, and Sarah Smith Boddie. However, I do have some reservation about the validity of this.

A Ruth Smith married Archibald Vinson in Johnston County 1797.  Based on the census records (1800 – 1850), it puts Ruth being born circa 1776. If John Smith was born about 1738, this would put John about 41 and his wife in her late 30’s, still within child bearing age (assuming no 2nd wife). This relationship is plausible as Archibald’s father (Drury) and grandfather (John) were living to the immediate north of Samuel Smith Sr and Samuel Smith Jr (I’ll show this in a future version of the Johnston patent map).

As for Lucinda Smith Richardson I suspect that she is Ruth’s daughter as Ruthy Vinson is living with ‘Lorinda’ and ‘Lundford Richardson’ on the 1850 Federal Census – Johnston County.

The kicker though is, that it appears Alexander, Allen and Sarah are the children of Benjamin Smith who died in Wayne County, NC in 1808-9. In his will he list wife Tobetha (Tabitha Exum, daughter of Col Benjamin Exum), sons William, Allen, Alexander, Bookeajah (Bookejab); daughters Phebe Smith, Martha Parker, Polly Rosbury (Rasberry) and Nancy Roberts (note, Sarah is not mentioned but is assumed in the next sentence). Additionally,  he gives money to Bennet Bodie (Sarah’s husband and son of Nathan Boddie (Provincial Congress)) and brother Mathew’s estate in the state of Virginia (Southampton County, VA). (Sources: Seventeenth Century Isle of Wight County, Virginia: A History of the County, by John Bennett Boddie, 1938).

You can also learn about Bennett Boddie and Sarah Smith in ‘Boddie and allied families, by John Thomas Boddie and John Bennett, 1918, pg 29/30’. This earlier publication tells a different story as to who the father of Sarah Smith may be (which I presume is in error). It alludes that, “Sarah Smith is the daughter of John Smith Jr. and his wife, a Miss Exum. John Smith Jr. was son of Col. John Smith of Johnston County, N.C.”. I believe many secondary and online sources incorrectly dictate this.

Now getting back to John, the only thing that I feel comfortable saying is this individual is a real person as being mentioned in his fathers will. As part of the creation of the patent map, I’ll have to look into what lands John was given (hunch that it is part of the lands by Cow Branch/Middle Creek or on Mill Creek).

But for now looking at the North Carolina State Census of 1784 – 1787, there are 3 John Smith’s. If this John Smith did not leave the county and took up his fathers lands then it seems logical that the middle John Smith could be this John and the John Smith above him could be a son. This is still a theory based on the heads of household (specifically William Blunt, see below) that were living around these two John Smiths would put them towards the middle of the county between Middle and Swift Creek. I hope to prove or debunk this at a latter time.

16 March 1787	WM 21-60	WM <21 & >60	WF all ages	Blacks 12-50	Blacks <12 & >60
John Smith	1	0	3	0	0
John Smith	1	4	1	5	1
John Smith	1	0	2	0	0

William Blunt was the only Blunt/Blount living in the area as recorded on the North Carolina State Census of 1784 – 1787 and the 1790 United States Federal Census. John Smith and William Blunt were neighbors on both list. In 1801 William Blunt sold 435A of land to Edwin Smith. The deed describes it as, “parcel of land situate in the said County of Johnston & State aforesaid on both sides of Middle Creek joining said Smith land.” We’ll see in a future post that Samuel Smith Sr willed some of these Middle Creek lands to his son Samuel Smith Jr and he then deeded them to Edwin Smith in 1794.

One theory that is plausible (but caution may not be this John Smith) is that John married a Sarah Turner and their children are believed to be Alexander Smith, Etheldred Smith, John Smith, Patience Smith, Turner Smith and Aaron Smith.

Tradition has it that a Simon Turner from Bertie County, NC moved to Johnston County in the late 1750s (supported by land patents issued in 1757). His brothers William and Etheldred and sister Sarah either came with him or followed shortly thereafter. Another crazy theory that I want to pursue is that the Turner’s and Smith’s knew each other in Bertie County. But I save that for a latter effort.

Simon married Nancy Ann Smith, daughter of Samuel Smith Sr. It is believed and possible that Simon’s sister Sarah married John Smith, son of Samuel Smith Sr. Sarah is shown as a Sarah Smith in her fathers will of 1770 in Bertie County, NC.

A John Smith Sr deeded land to John Smith Jr (1801), Alexander Smith and Turner Smith (1803) identifying them as his sons.

Several secondary online sources indicate that John died in 1813. However, I’m not able to validate this. There is a will in Johnston County for a John Smith 1813 (wife: Patience, children:  Joshua Smith, James Smith, Samuel Smith, Lewis Smith, Jane Smith, Obedience Smith Allen, Elizabeth Smith Sims, Edith Smith Strickland, Isabel Smith Strickland) but seems unlikely him.

John McKinnie Smith
Is the son of Samuel Smith Jr, who is the son of Samuel Smith Sr. John died in 1815 and his will does not mention a wife or children.