Benjamin Smith was likely born in Johnston County, North Carolina ca 1752. He is the son of John Smith Sr.
John Smith Sr was living in an area of Johnston County near Swift Creek that became Wake County in 1771. On 7 July 1778 John Smith Sr made a claim on 300 acres of land in Cumberland County (area that became Harnett County in 1855) which was on the Black River. This was about 4 miles downriver from where his presumed brother Richard Smith was living. (Warrant: 14 October 1779; Survey: 14 October 1779; Grant: 6 November 1784). The chain carriers during the survey for this track of land were William Taylor and Benjamin Smith.
John Smith Sr may have come into Cumberland County a few years earlier as indicated by a deed for 300 acres of land he received from William Eason Sr (Cumberland Cound DB 6 pg 342).
The first historical record that can likely be attributed to Benjamin Smith is a register of entries for land in Cumberland County.
In addition to Benjamin on this page of the book is William Cutts who was an adjoining land owner to Richard Smith Sr and is believed to be the father or brother to Joseph Cutts and Major Cutts who follows the same migration path to Georgia as the Smith Clan (Warren, Washington, and Houston).
Benjamin Smith then received a warrant for his claim on 3 August 1779.
A survey for this warrant was completed on 13 October 1779.
Cumberland County North Carolina, North Carolina Land Patent Book 55 pg 312, Cumberland County Grant #100 (Entry: 1 January 1779; Warrant: 3 August 1779; Survey: 13 October 1779; Grant: 6 November 1784) Know ye that we have granted unto Benjamin Smith one hundred acres of land in Cumberland County on the waters of Black River. Beginning at a red oak near a branch running east crossing said Branch thirty one chains and sixty three links to a hickory then south thirty one chains and sixty three links to a stake between pointer then west thirty one chains and sixty three links to a red oak then direct to the first station. To hold unto the said Benjamin Smith his heirs and assigns forever dated the sixth day of November 1784. Signed Alex Martin.
Benjamin Smith also claimed a second 100 acres parcel of land about than a mile away from the first.
Cumberland County North Carolina, North Carolina Land Patent Book 69 pg 93, Cumberland County Grant #219 (Entry: 8 January 1779; Warrant: 3 August 1779; Survey: 11 October 1779; Grant: 10 November 1784) Know ye that we have granted unto Benjamin Smith one hundred acres of land in the Cumberland County on Reubins branch. Beginning at a pine on William Taylors line running as that north sixty five west thirty one chains sixty three links crossing Black River to a pine thence south twenty five west thirty one chains sixty three links to a stake thence south sixty five east thirty one chains sixty three links to a post oak thence direct to the place of beginning. To hold unto the said Benjamin Smith his heirs and assigns forever dated the tenth day of November 1784. Signed Alex Martin.
The chain carriers for this survey were John Smith and John Green (who is a known nearby land owner).
Benjamin Smith’s 100 acres of land was adjacent to his father’s 300 acres. The land plots to an area in the vicinity of 35.442213N, -78.665567W.
Below is an entry from 29 July 1785 in the Cumberland County Minutes for the Inferior Court of Pleas and Quarters Sessions
Ordered that the following persons be appointed to lay of a new road from Sproles Road to join the Wake road to Wake courthouse. Ebenezer Folsom, Alexander Avera, William Avera, John Smith, Benjamin Smith, John Green, Neill Shaw, Malcom Clark, Joseph Edwards, Call McAlister, William Canaday, John Ray, John Russell, Hardy Smith, Ezekiel Smith, Caleb Falkner, Daniel ___ ...
Sprowl Ferry road can be seen on the map up above. It is route 55 that is going through Jacob Smiths property. Just to the north of this is where the new road started which today is still part of route 55. Sprowl Ferry road continued north (called Old Stage Road today) and ran through the area of Black Creek in Johnston County where the Smiths were living in the early 1770s.
Benjamin Smith likely sold both of these tracts of land by the end of 1787. A deed selling his 100 acre tract on Black River has not been located but it appears that he sold it to John Adams as evident by a deed from John Adams to John Warner.
Cumberland County North Carolina, Cumberland County Deed Book 11 pg 220 John Adams to John Warner; 110£; certain tract or parcel of land containing three hundred & fifty acres of land it being in two different patents them adjoining to each other lying and being in the County of Cumberland on Black River the one beginning .... the one hundred acres is joining the above said land beginning at a pine in the above said line formerly called William Taylors line on Rubens [sic] Branch runs with that north 65W 31 chains & 63 links crossing Black River to a pine thence S 25 W 31 chains & 63 links to a stake thence S 65 E 31 chains & 63 links to a post oak thence direct to the place of beginning & being by patent bearing date the 6th day of November 1784, granted to Benjamin Smith; 27 January 1791. Signed John Adams (seal). Witnessed by Robert Smith and Edward (his mark) Warner. - Recorded January Term 1791.
Benjamin Smith then sells his 100 acres that is completely on Reubins Creek to Benjamin Johnston.
Cumberland County North Carolina, Cumberland County Deed Book 25 pg 159 Benjamin Smith of the State of New Georgia and County of Wilkes, Planter to Benjamin Johnston of the County of Cumberland and State of North Carolina, Planter; 27£; parcel of land situate lying & being in Cumberland County & State aforesaid. Beginning at a red oak near a branch running East crossing a branch .... first station it being a tract of land that Benjamin Smith obtained a right to from the State bearing date (blank in the deed); 29 October 1787. Signed Benjamin (his mark) Smith (seal). Witnessed by Philip (his mark) Johnston and John Adams. - Recorded March Term 1809.
Benjamin Smith migrated to Wilkes County, Georgia and obtained a tract of land as evident by a deed for 200 acres on Briar Creek which adjoins that of Francis Scott Smith, his presumed Uncle.
Wilkes County Georgia, Warren County Deed Book A pg 617 Ebenezer Starnes to Benjamin Smith; 20£ Sterling; certain tract or parcel of land, on the South & North side of Big Brier Creek. Beginning at a hickory at William Wammack's (William Womack) corner, thence S 32 pole to a pine from thence to a corner at a pine, thence S 70 to a pine, E 57 pole to a pine, from thence to a corner at a pine, thence N 20 pole to a post oak, E 32 pole at a Black Jack, thence to the corner at a pine joining vacant land; from thence N 71 pole to a pine, W 67 pole to Smith line at said creek, & runs thence up the various courses of the said Briar Creek to the beginning. Containing two hundred acres more or less; 20 November 1787. Signed Ebenezer Starnes (seal). Witnessed by William Womack and Brittian McCullars. - Recorded 17 March 1800.
In the 1787 Wilkes County Tax List (Capt Grubbs District), Benjamin Smith is listed as a ‘Defaulter’.
In the 1791 Wilkes County Tax List (Capt Abbotts District), Benjamin Smith is listed and taxed on 100 acres in Wilkes County. Also of note is the appearance of a John Smith which may indicate that his brother John Smith Jr may have migrated to Georgia prior to 1799 and obtained 100 acres from the 200 acres Benjamin Smith bought from Ebenezer Starnes.
In December of 1799, Benjamin Smith sold 100 acres of this property to his brother John Smith Jr.
Wilkes County Georgia, Warren County Deed Book A pg 616 Benjamin Smith of Warren County to John Smith of Warren County; $43; one hundred acres, more or less being part of a two hundred acre tract lying & being in Wilkes County when surveyed, now Warren County, originally granted to Ebenezer Starnes, the 25th day of January 1787. The said land being on the waters of Briar Creek, reference had to the plat, will more fully appear; 18 December 1799. Signed Benjamin (his mark) Smith (seal). Witnessed by David (his mark) Wheeler and Isham (his mark) Wheeler. - Recorded 17 March 1800.
A few days later, Benjamin Smith sells the remainder of this original 200 acres to William McCowles.
Wilkes County Georgia, Warren County Deed Book A pg 626 Benjamin Smith of Warren County to William McCowles (suspect this to be William McCoulers) of Richmond County; $257; a certain moiety or half parcel of a tract or survey of land, containing two hundred acres. Situate, lying & being at the time of original survey in the County of Wilkes, at this time in the County of Warren, on Briar Creek, butting northwardly by Smith's lands (presumed brother John Smith Jr's half) & westwardly by Womacks land; southwardly by unknown land, and eastwardly by vacant land; the same surveyed the sixteenth day of January in the year of our lord 1786 in the name of Eleazer Starnes (Ebenezer Starnes) and to him granted on the 25th day of January 1787. The said moiety, or half of said tract of land, the lower moiety or half, laid off & divided by the said Benjamin Smith and by him marked & designated by a certain line, the said moiety or half of said tract of land as aforesaid appertained, containing one hundred acres more or less; 23 December 1799. Signed Benjamin (his mark) Smith (seal) and Lucy (her mark) Smith (seal). Witnessed by James Roquemore and Joseph White. - Recorded 17 March 1800.
Lucy Smith, maiden name unknown, is likely Benjamin Smith’s first wife and the mother of his son’s Edward Smith and Benjamin Smith Jr.
Benjamin Smith turns up in 1808 living in Laurens County, Georgia as evident by a deed where he is purchasing land in Pulaski County, Georgia.
Pulaski County Georgia, Pulaski County Deed Book A pg 220 David White and James Beillingslea of Wilkes County, Georgia to Benjamin Smith of Laurens County, Georgia; $100; certain tract or parcel of land lying and being in the twentieth district of Wilkinson known by Lot No two hundred and twelve containing two hundred and two and a half acres be the same more or less; 9 November 1808. Signed David White and James Billingslea. Witnessed by Randolph Bates, Francis B Billingslea and * Billingslea J.P. - Entered 27 October 1810.
Several years later Benjamin Smith and John Smith appoints Gideon Warner to represent them, in Cumberland County, North Carolina with legal matters.
Cumberland County North Carolina, Warren County Georgia Deed Book D pg 46 Benjamin Smith of Pulaski County and John Smith of Warren County, both of Georgia hath constituted and appointed to by these presents do ordain constitute and appoint Gideon Warner of Johnston County & State of North Carolina our lawful attorney and in our name to stead to chattels, ask, demand, sue fore & recover all the damages, trespasses, breeches or kind of breeches in any manner or way, committed by any person or persons, from the date or year 1800 to the year 1815, upon a three hundred acre tract of land, lying & being in Cumberland County State of North Carolina, courses of said land as follows, beginning at a pine on John Smith Sen old line, as said running as that north fifty five west crossing two branches, thirty eight chains seventy five links to a stake between pointers thence south thirty five west crossing Black River Swamp seventy seven chains fifty links to a stake between pointers thence fifty two east thirty eight chains seventy five links to a post oak then direct to the first station. We Benjamin Smith & John Smith do therefore authorize, nominate ordain and appoint the aforesaid Warner our lawful attorney to act for us & to take all lawful means to recover all damages committed on the aforesaid premises, within the above mentioned time from 1810 to 1815, with as full power as we could were we ourselves present & we do further authorize ordain & appoint therefore said Warner to make all requitances that he shall think proper concerning the damages committed upon said premises as full & as lawful as we could were we ourselves present, as witness we have hereunto subscribed our names this the seventeenth day of February in the year of our Lord one thousand eight hundred and fourteen. Signed Benjamin (his mark) Smith (seal) and John (his mark) Smith (seal). Witnessed by Solomon Newsom J.P.
Other transactions that occurred in 1814.
Pulaski County Georgia, Pulaski County Deed Book D pg 33 Benjamin Smith to Little John Smith; $20; 100 acres of land more or less situate in the twentieth district of Wilkinson at the time of survey now Pulaski it being a part of Lot No two hundred & twelve (212) lying on the south side of said land commencing at William Gordon's corner & running the parallel line to a sweet gum corner standing in a branch thence along the main run of said branch a marked line about three hundred yards thence along the said marked line through a pond called the meeting house pond thence along said line to a pine corner standing on the East line including all the land from said marked line on the south side; 24 September 1814. Signed Benjamin (his mark) Smith (seal). Witnessed by Elijah Wallan and James Roach J.P. - Recorded 8 April 1815.
Benjamin Smith sells 100 acres of lot 212 to John Smith also referred to as Little John Smith. (Little John Smith is suspected to be either a son or his nephew).
Cumberland County North Carolina, Cumberland County Deed Book 28 pg 12 Benjamin Smith of Pulaski County, Georgia, John Smith of Warren County, Georgia, and Reubin Smith of Montgomery County, North Carolina to Gideon Warner of Cumberland County, North Carolina; $100; tract or parcel of land lying and being in the County of Cumberland and state of North Carolina and on both sides of Black River. Beginning at a pine on John Smith Sen old line running as that north fifty five west crossing two branches thirty eight chains seventy five links to a stake between pointers thence S thirty five west crossing Black River Swamp 77 chains 50 links to a stake between pointers thence S 52 E 38 chains 75 links to a post oak thence direct to the first station containing three hundred acres; 25 November 1814. Signed Benjamin (his mark) Smith (seal), John (his mark) Smith (seal), and Reubin Smith (seal). Witnessed by Henry Howard and Gilly (his mark) Smith. - Recorded December Term 1814.
Cumberland County North Carolina, Cumberland County Deed Book 28 pg 14 Benjamin Smith of Pulaski County, Georgia and John Smith of Warren County, Georgia to Reubin Smith of Montgomery County, North Carolina; $100; certain tract of land lying and being in the County of Cumberland and State of North Carolina and on the north side of Black River Swamp. Beginning at a red oak by the River Swamp thence N 25 E 220 poles to a pine thence N 55 W 220 poles to a pine thence S 45 W 220 poles to a pine thence down the meanders to the beginning containing three hundred acres; 25 November 1814. Signed Benjamin (his mark) Smith (seal) and John (his mark) Smith (seal). Witnessed by Gideon Warner and Henry Howard. - Recorded December Term 1814.
Benjamin Smith also acquired Lot 209 in Pulaski County.
Pulaski County Georgia, Pulaski County Deed Book E pg 240 Samuel Clark & Johnathan Reeves of Jasper County to Benjamin Smith of Pulaski County; $200; tract or parcel of land situate in the 20th twentieth district of formerly Wilkinson now Pulaski County known in the plan of said District by the number two hundred and nine (209) and containing by estimation two hundred two & a half acres be the same more or less; 27 December 1817. Signed Samuel Clark (seal) & Jonathan Reeves Junior. Witnessed by Lewis C Holland, Samuel Clay J.P., and George Stovall J.J.C. - Entered 31 March 1818.
Benjamin Smith is shown in the 1818 Pulaski County Tax List living in the same district (Capt Lester’s District) as John L Smith (i.e. Little John Smith) and Benjamin’s son Edward Smith (b. ca 1798). Edward Smith was a County Clerk for Pulaski County in 1816/17.
Other transactions that occurred in 1818.
Pulaski County Georgia, Pulaski County Deed Book F pg 119 Benjamin Smith to William Cureton; $270; 100 acres of land more or less situated in the twentieth district of Wilkinson at the time of survey now Pulaski it being a part of lot No two hundred and twelve (212) lying on the south side of said land commencing at William Goodson's corner and running the parallel line to a sweet gum corner standing in a Branch thence along the main run of said Branch a marked line about three hundred yards thence along the said marked line through a pond called the meeting house pond thence along said line to a pine corner standing on the east line including all the land from said marked line on the south side; 31 December 1818. Signed Benjamin (his mark) Smith (seal). Witnessed by Robert Lee and Joseph Wood J.G.C. - Entered 5 January 1819.
Benjamin Smith is listed alongside his son Edward Smith in the 1820 U.S. Census for Pulaski County, Georgia.
Benjamin Smith is shown living with 2 males under the age of 10 (born 1811 to 1820) and 1 male 10 to 15 (born 1805 to 1810). Current theory is that the male that is 10 to 15 is his son Benjamin Smith Jr. The other 2 boys, with Benjamin Smith being about 68 years of age in 1820, logically represents his two stepsons (one of them being James Banister). Benjamin Smith’s second wife was Lydia Banister (Banister was her married name. Her maiden name is currently unknown). This theory would also suggest that Benjamin Smith’s first wife Lucy Smith divorced or died between 1808 – 1818 and he remarried to Lydia Banister prior to 1820.
In 1821, Benjamin Smith was a fortunate drawer in the 1821 Georgia Land Lottery. Benjamin Smith was living in Pulaski County – Capt Yarbrough’s Dist when he drew his prize of Lot 242 in the 5th District of Houston County, Georgia.
By 1828, Benjamin Smith and his son Edward Smith moved to Houston County, Georgia.
Houston County Georgia, Houston County Deed Book A pg 157 Benjamin Smith of Wilkinson County to Wilson Collins of Twiggs County; $200; tract or parcel of land situated lying & being in the County of Houston in the state aforesaid ... containing two hundred two and a half acres in the said County of Houston known & distinguished in Plan of said district by no fifty eight in the tenth district of said County; 13 September 1822. Signed Benjamin Smith (seal). Witnessed by Lewis (his mark) Collins and Jaret Holland - Recorded 18 August 1823.
Pulaski County Georgia, Pulaski County Deed Book G pg 196 Benjamin Smith to Edward Smith both of Pulaski County; $100; North East half of that lot or parcel of land situate & lying and being in the twentieth district Wilkinson when surveyed now Pulaski County known and distinguished in the plan of said district by No two hundred and nine containing two hundred two and a half acres be the same more or less; 13 May 1823. Signed Benjamin (his mark) Smith. Witnessed by William Russell and D. Cormrall J.P. - Entered 6 August 1823.
Houston County Georgia, Houston County Deed Book A pg 230 Benjamin Smith of Pulaski County to James Finley of Twiggs County. $200; parcel of land lying and being in the County of Houston called and known by Lot No (242) number two hundred and forty two and in the fifth district of said Houston containing by estimation two hundred two and one half acres more or less ... being the Lot drawn by the said Benjamin Smith in the late Land Lottery; 3 February 1824. Signed Benjamin (his mark) Smith (seal). Witnessed by Thomas Mathers and J Little J.P. - Recorded 15 March 1824. Houston County Georgia, Houston County Deed Book A pg 229 James Finley of Twiggs County to Benjamin Smith of Pulaski County. $200; parcel of land lying and being in the County of Houston and state aforesaid called and known by Lot No 22 twenty two and in the thirteenth district of said Houston containing two hundred two and one half acres more or less ... being the Lot drawn in the late land lottery by James Stanely; 10 March 1824. Signed James Finley (seal). Witnessed by Thomas Mathers and J Little J.P. - Recorded 15 March 1824.
Houston County Georgia, Houston County Deed Book C pg 383 George M Lenair of Monroe County to Benjamin Smith of Houston County; $50; parcel of land lying and being in the County of Houston and State aforesaid containing two hundred two 1/2 acres and in the thirteenth District Number Sixty Three (63); 18 June 1827. Signed Isaac Barries Atty in facto for George M Lenair (seal). Witnessed by Eliza Smith and John M Smith (J.P.) - Recorded 3 April 1828.
Benjamin Smith and Edward Smith are listed in Captain Iverson’s District in the 1831 Houston County Tax List.
Benjamin Smith and Edward Smith lived in the vicinity of lots 63 and 22 in the 13th District Houston County (shown above to the right). Edward Smith also owned Lot 14 in District 14 (shown above to the left)(Houston County Deed Book E pg 120).
In 1839, Benjamin Smith sells his property in Houston County and he and his sons Edward Smith and Benjamin Smith Jr moves to Stewart County, Georgia.
Houston County Georgia, Houston County Deed Book H pg 25 Benjamin Smith to Cordy D Stokes, each of the County and State aforesaid; $2,000; tract or parcel of land situate lying and being in the thirteenth (13) district of the County aforesaid containing four hundred and four acres more or less ... distinguished in the plan of said District by number twenty two (22) and sixty three (63); 20 June 1839. Signed Benjamin (his mark) Smith (seal). Witnessed by Benjamin Smith and James Holmes. Personally came before me James Holmes who being duly sworn with that he saw Benjamin Smith Sen sign seal & deliver the written indenture or deed to the within named Cordy D Stokes for the purpose therein contained and that he together with Benjamin Smith Jr were subscribing witnesses to the same. Sworn to before me 4 February 1840. Signed James Holmes. John M Smith J.P. - Recorded 11 March 1840.
Stewart County Georgia, Stewart County Deed Book K pg 265 James Clark of Stewart County to Benjamin Smith Sen of Houston County; $1,100; parcel of land lying & being in the twenty third district of originally Lee now Stewart County known & distinguished in the plan of the said district by Lot number one hundred & thirty eight; 13 September 1839. Signed James Clarke (seal). Witnessed by J.J. Granbery and Daniel Mathison J.J.C. - Recorded 28 September 1840.
The 1840 Stewart County, Georgia U.S. Census shows 3 Benjamin Smith’s living in the same area. The first Benjamin Smith is not known. The second Benjamin Smith is Benjamin Smith Sr (b. ca 1752) and the third Benjamin Smith Jr (b. ca 1815) is presumed to be Benjamin Smith Sr’s son.
Edward Smith is also living nearby in Stewart County with his presumed son Solomon Smith.
On 9 November 1840 Benjamin Smith Sr made his will (Stewart County; Court Of Ordinary; Wills Book A pg 33).
Georgia Stewart County Whereas it is appointed unto all men to die and feeling the ___ of age & disease approaching, the ___ in health yet of sound mind & memory do ordain the following items as my last will and testament viz. Item 1st. I will & bequeath unto my beloved wife Lydia Smith for and during her natural life the tract of land on which I now live all my stock of every description plantation ___ & corn and fodder raised on said plantation household & kitchen furniture together with the following negroes to wit Ginney a woman about fifty five years of age Betsey a woman about thirty seven years of age Molly a woman about twenty seven & Mitchell a boy about thirteen years of age all said property to be kept together & working together on my said farm during the lifetime of my said wife. Item 2nd. After the death of my said wife Lydia Smith it is wished and desired that the tract of land on which I now live on mentioned in the above item be given & do go to my son Benjamin Smith & his heirs forever. Item 3rd. It is also after the decease of my said wife my wish & desire that my said son Benjamin Smith have to himself his heirs & executors & administrators the following negroes ___ of those mentioned in the first item of this my last will and testament. To wit Ginney and her son Mitchell described on the first item of award. Item 4th. It is my will and desire after the decease of my said wife that my son Edward Smith have to himself & his heirs executors and administrators for ___ Betsey & Molly two negroe woman named and described in the said first item of this my last will & testament. Item 5th. I give and bequeath to my son Edward Smith one feather bed and furniture. Item 6th. I give and bequeath to my niece Sarah Ann Smith one feather bed & furniture. Item 7th. I give and bequeath to my stepson James Banister one feather bed & furniture. Item 8th. I give and bequeathed all the rest and residue of my worldly substance after the death of my said to my son Benjamin Smith & his heirs, executors and administrators for ___. Item 9th. I do hereby nominate and appoint my said sons Edward Smith & Benjamin Smith to be the sole Executors to this my last will and testament making & ordaining the above nine items my only last will and testament, hereby revoking all others. In testimony where of I have ___ unto ___ my hand & seal this 9th November 1840. Signed Benjamin (his mark) Smith (seal). Witnessed by James Clark, Richard W Gary, and Edmond P Gary. Georgia Stewart County Court of Ordinary March Term 1843 The within Last Will and Testament of Benjamin Smith deceased having been duly proven at this regular Term in Open Court. Ordered that the same be admitted to record - Recorded this 19th day of April 1843. M. Gresham C.C.O.
Benjamin Smith Sr born ca 1752 died 1843.
Benjamin Smith Jr sold his father’s land Lot 138 District 23 of Stewart County in 1847. This may also indicate his step-mother Lydia Smith may have died ca 1847.
Stewart County Georgia, Stewart County Deed Book Q pg 425 Benjamin Smith to Peter Allday; $500; tract or parcel of land situate lying and being in the twenty third district of originally Lee now Stewart County known and distinguished in the plan of said district by Lot number (138) one hundred and thirty eight containing two hundred two and one half acres more or less; 13 October 1847. Signed Benjamin Smith (seal). Witnessed by Nathan Clifton and Gustavus Ashaunay J.J.C. - Recorded 18 November 1847.
Below is an update to the Smith Clan DNA Tree to reflect the connection in which I with a descendant of Benjamin Smith Sr.
digging our roots 
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