John Smith's spouse and descendants identified (son of Abraham Smith 1748-1806 Union Co, SC John Smith
Posted by Goyen1 in Smith/Schmidt Queries and Most Wanteds on December 3, 2021 Views:(298) Replies (0)
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I just wanted to pass on information regarding John Smith's wife and descendants - (John Smith the son of Abraham Smith of Union Co, SC 1748-1806).
Several documents identify this particular John Smith as the John Smith of Thicketty Creek and Guilkey Creek in Union Co, SC - which is where Abraham Smith lived at the time of his death. In particular:
1820 Aug 23 – John Smith to John Jefferies, bk Q, p 93 Union Co, SC.
… 12 months after date I promise to pay … unto John Jeffries Sen … 120 silver dollars …
… I John Smith … sell and release unto the said John Jeffries Sr … land situate lying and being in the State and Dist aforesaid upon both sides of Guikys Creek a branch of Thickety waters of Broad River contaiing his the sd John Smith’s part of a 400 acre tract of land formerly the property of Abraham Smith decd and from Abraham Smith conveyed by his last will and testament to Moses Smith as a laawful heir of a part of the said Moses Smith’s land … bounding on the S by Stephen Neal’s land on the E by said John Jeffries land and ond the N by said John Jeffreis land and on the W by William Richard’s land … computation 400 acres … including the brick house where the widow Smith lives … (condition to repay Jeffries by time stated – if done then void) …
Signed: John Smith
Wit: John Jeffries Jr, Seba Dill
1822 April 26 – Mary Smith etal to John Jefferies, bk R, p 128 – 130 Union Co, SC.
… I Mary Smith and John Smith planters of Union District and State aforesaid for and in consideration of 210 dollars … paid to us by John Jeffries Sr … sold and released unto the said John Jeffries Sr a certain parcel of tract of land it being the eighth part of a tract of land lying on Gilkey Creek containing 336 acres of land … with Stephen Neil’s line … on Jeffries own corner … it being a parcel of land deeded to Abraham Smith decd by Nathaniel Jeffries and others which above mentioned 8th part of said land and building we do warrant … understood that the said Mary Smith are to keep possession of the said 8th part of land enduring her natural life unless she thinks propert to relinquish her possession sooner ….
Signed: Mary Smith, John Smith
Wit: Amos Northos, Samuel Chisholm, Samuel Jeffries
Personally came Samuel Jeffries befor me the subscribing justice and made oath as the law directs and saith he saw Mary Smith the wife of Abraham Smith decd and John Smith sign and deliver … unto John Jeffries Sr … 4th day of May 1822.
John Smith's spouse is named "Nancy" as shown in transactions in and around Thicketty Creek and Guilkey Creek in Union Co, SC. Some prior researchers incorrectly identified John's wife as "Ann" based on transactions involving the Langstons - but those transactions were between a John Smith and his mother named Ann who is the widow of William Smith, decd (citation: bk I, p 15 Union Co, SC. https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSKJ-QVNT?i=26&cat=340217 (This transaction clearly identifies Ann as the mother of John Smith (and others) and widow of William Smith - so this is not the correct John Smith).
The correct John Smith is identified as married to a "Nancy" in the following transactions. See:
1814 Sept 28 – John Smith to John Lusk, bk M, p 284 Union Co, SC.
… I John Smith of the Dist and State afsd in consideration of 801 dollars to me paid by John Lusk … sell and release unto the said John Lusk all that tract or parcel of land lying and being on the waters of Thickety Creek containing 194 acres …. originally granted to the said John Smith …
Signed: John Smith
Wit: Jos. Gist, A W Thompson
… Nancy Smith the wife of the within named John Smith did this day appear … relinquished her dower …
1824 Dec 6 – Nancy Smith to John Jefferies, bk S, p 110 Union Co, SC.
… I Nicholas Carry one of the Justices of he Quarum do hereby certify … that Nancy Smith wife of the within named John Smith did appear before me and upon privately and separately examined by me did declare that she does freely … release and forever relinquish unto the within named John Jeffries … all her interest and estate … claim of doweer … the premises within mentioned and released… 6th Dec 1824
Signed: Nancy Smith.
John Smith's wife is identified as Nancy Chisholm, daughter of Adam Chisholm in the following transaction:
1826 May 8 – William Rice, Esq. Ordinary of Union Dist, SC orders “Genl. E. Dawkins admn of the Estate of Adam Chisholm late of said District, deceased.
These are to cite and admonish you, the said Elijah Dawkins at the instance and request of Mrs Nancy Smith the wife of John Smith Esqr a legatee of the Estate of said decd personally to appear before me in the Court of Ordinary, to be held at Union Court House on Friday the 26th day of May Inst next ensuing, then & there to shew cause, if any you can, why you should not make and render before me a just true and full account of the personal estate of said Adam Chisholm decd and of your management thereof upon oath, a true and faithful account of your administration upon said estate. Hereof fail not, as you shall answer the contrary at your peril …
Apparently, the executors of Adam Chisholm decd's estate had never released her portion of her inheritance from her father. The estate paperwork identifies Nancy Chisholm's brothers in the accounting of the estate. See:
(Note: Undated Account – which appears to have been filed with the court on August 7, 1826 as stated above)
The Estate of Adam Chisholm decd
To E. Dawkins admn of sd Estate.
Dawkins * Littleton note & interest: $458.00
Fernandis on a (note?): $37.7
Sundry Notes: $85.33
Amus Davis proven acct: $6.17
Amus Daivs admr of S Fergasen: $5.80
Wm. Fernandis: $148.89 and 3/4
Doctor Richards: $24.87 and 1/2
Tax for 1817: $5.8
Saml recd making his coffin: $5.00
Total: $785.82 and 1/4
Elijah Dawkins Admr in account with the Legatees of Adam Chisholm Deceased
John Chisholm (Note – legatee, is son of Adam Chisholm decd)
-note Coleman No. 1 – $47.28
-note Dawkins & Littlejohn 2 – $236.66
-note Dawkins & Littylejohn 3 – $444.75
-note C. Jones 4 – $16.45
-note J Wilkins 5 – $12.12 and 1/2
Total: $757.26 and 1/2
Obadiah Chisholm (Note – legatee, is son of Adam Chisholm decd)
-note Dawkins & Littlejohn 1 – $64.20
-note Sillas Littlejohn 2 – $40.00
-note William Littlejohn 3 – $18.50
-note E Dawkins 4 – $164.18 and 3/4
-note Samuel Chisholm 5 – $30.00
-note Dawkins & Littlejohn 6 – $26.12 and 1/2
-paid execution in favor of P Pridemore 7 – $22.08
-note Dawkins & Littlejohn 8 – $210.50
-note Dawkins & Son 9 – $26.50
-note Dawkins & Son 10 – $20.75
-note Dawkins & Son 11 – $11.56 and 1/4
-note Johnathan McCulloch 12 – $12.87 and 1/2
-Book account Dawkins & Son 13 – $5.74
Samuel Chisholm (Note – legatee, is son of Adam Chisholm decd)
His Receipt 1 – $772.07
Miscellaneous Probate Records, 1777-1866, Index, 1777-1961; Author: South Carolina. Probate Court (Union County); Probate Place: Union, South Carolina; Probate records, Box 8, packages 1-41 Probate records, Box 9, packages 1-38, Miscellaneous probate records, 1777-1866, index, 1777-1961 (Package 9-14)
In 1829 John Smith and wife Nancy file suit for an partition and division of land that was part of Adam Chisholm decd's estate at his death - see:
1829 April 30 – William B Nott & Eliz Fernandes ads John Smith & Nancy his wife – bill
past acct & relief – 1829 – No 190
South Carolina, Union District}
To the honorable chancellors of the said State.
Humbly complaining shew unto your honors that your orator and oratrix John Smith and Nancy Smith his wife formerly Nancy Chisholm, that in or about the ___ day of ___ in the year of our Lord one thousand eight hundred and ____ Adam Chisholm the father of your oratrix departed this life intestate, being at the term of his death siezed and possessed in fee of a valuable trat of land lying on Pacolet River near to Grindols Shoals which is now in the possession and for time past has been of the dfendants William B Nott and Elizabeth Farnandis and that the said Adam Chisholm at the term of his death left John Chisholm, Obediah Chisholm, Samuel Chisholm, and your oratrix then Nancy Chisholm his heirs at law … that partition and division yet remains to be made of the said land as your orator and oratrix have not as yet received their part of portion of said land and that the Defendants have by some means under claim your orators do not know have been receiving the whole of the rents and profits of said land which is very valuable without accounting in any manner whatever to your orators for that tract of the said rents and profits ... (continued)
Equity bills, 1798-1870, Bills, no. 187-220. Bill No. 190. Union Co, SC
The above lawsuit was abated in 1834 as John Smith and wife Nancy have moved to Alabama in the fall of 1833 where the rest of the Smith family had previously moved. See:
1834 June 14 - South Carolina, Union County} Walter Farnandis states on oath that he went in company with John Smith last fall to Alabama and he understood that Smith intended to settle there where his family then was. Smith has not since that time as deponent knows of been in this State.
Sworn Before Me – June 14, 1834
Equity bills, 1798-1870, Bills, no. 187-220. Bill No. 190. Union Co, SC
John Smith and Nancy Chisholm Smith did not appear to have a large number of children. Despite the large number of "John Smiths" in Union Co, SC and York Co, SC, their 1810 US Census is identified. In this 1810 US Census John Smith 26-44 years old, has a wife the same age, and has 2 daughters under the age of 10. His Census listing is two listings away from his mother Mary Smith (1 female over 45 yrs of age, 1 male 26-44, 2 males 16-25, 1 female 10-15) and adjacent to Thomas Jefferies, and on the same page as Joseph Moorehead, Joseph Guiton (Guyton)(over 45 yrs of age – so his grandfather), Margaret Guiton (Guyton), Amos Davis (4 males 16-25, 1 female 16-25, 3 females under 10), Abram Guiton, John Humphrey (his brother in law)(1 male and 1 female 26-44, 1 male 16-25, 2 males under 10), John Guiton, Isaac Guiton, another Joseph Guiton (1 male and 1 female 26-44, 4 males under 10, 2 females under 10), and Nathaniel Guiton. These are all relatives (mother, uncles and aunts, brother in law, and cousins) and many of these people are listed on his land transactions – confirming this is the correct John Smith. See:
1810 US Census Union Co, SC – Name: John Smith
Home in 1810 (City, County, State): Union, South Carolina
Free White Persons – Males – 26 thru 44: 1
Free White Persons – Females – Under 10: 2
Free White Persons – Females – 26 thru 44: 1
Numbers of Slaves: 5
Number of Household Members Under 16: 2
Number of Household Members Over 25: 2
Number of Household Members: 9
Year: 1810; Census Place: Union, South Carolina; Roll: 61; Page: 562; Image: 00416; Family History Library Film: 0181420
In the 1820 US Census in Union County, SC, John Smith is listed adjacent to John Jefferies Jr and two listings from William Moorhead - neighbors of his on Thicketty Creek and Guilkey Creek area that show up in records and transactions in that area. In the 1820 US Census John Smith and Nancy are both listed as 26-44 years of age and have 1 female living with them aged 16-25. The other daughter that showed up on the 1810 US Census has likely either married or has died. See:
1820 US Census Union Co, SC Name: John Smith
Home in 1820 (City, County, State): Union, Union, South Carolina
Enumeration Date: August 7, 1820
Free White Persons – Males – 26 thru 44: 1
Free White Persons – Females – 16 thru 25: 1
Free White Persons – Females – 26 thru 44: 1
Slaves – Males – Under 14: 1
Slaves – Males – 26 thru 44: 1
Slaves – Females – Under 14: 1
Slaves – Females – 14 thru 25: 1
Number of Persons – Engaged in Agriculture: 3
Free White Persons – Over 25: 2
Total Free White Persons: 3
Total Slaves: 4
Total All Persons – White, Slaves, Colored, Other: 7
1820 U S Census; Census Place: Union, Union, South Carolina; Page: 136; NARA Roll: M33_121; Image: 249
(John Smith is listed adjacent to John Jefferies Jr and two listings from William Moorhead in the 1820 US Census)
Combining both the 1810 and 1820 US Census puts both John Smith and Nancy Chisholm Smith's year of birth somewhere between 1776-1784.
One of their daughters is identified by a deed of gift from John Smith to his daughter "Betsy". See:
1820 April 19 – John Smith to Betsy Smith, bk Q, p 120 Union Co, SC.
Thicketty Creek and Guilkey Creek area neighbor William Moorhead witnesses the transaction.
Elizabeth Smith (daughter of John Smith and Nancy Chisholm Smith) is later identified in Lowndes County, Mississippi - married to Drury Gowing b. abt 1805 in a Lowndes County, MS Circuit Court Case - where she identifies her maiden name and the name of her father - John Smith. Also involved in this court case is Abram S. Humphries - son of John Jefferson Humpries - who had married Mary Smith (John Smith's sister). See:
1839 June 21 – Joseph P. Prince v. Drury Gowings
The Answer of Drury Gowing, Guardian Ad Litem of William W. Gowings a minor to the Bill of Interpleader of Abram S Humphries the complainant. This Defendant answering to himself all right of exception to ch. said Bill of Interpleader for answer thereto saith that about the year 1824 or 1825 as he is informed and verily believe, one John Fernandes then a resident Citizen of Union District South Carolina purchased for Elizabeth Gowings at present the wife of the said Defendant & mother of the said William W. Gowing but who was then Elizabeth Smith a certain negro girl by the name of Milley then not more than 13 or 14 years of age.
And this Defendant further answering saith that the money with which said negro was purchased belonged (as he is informed & verily believes) to the said wife of this Defendant then Elizabeth Smith.
And whilst she was single and unmarried and the heir of her body, this Defendant further answering saith that he is informed and verily believes that the title to said negro Milley was by said John Farnandes vested in the said Elizabeth Smith and the heirs of her body as the money with which she had been purchased had been obtained from the sale of a negro which had been given to the said Elizabeth Smith and the heirs of her body by her father John Smith some years before.
This Defendant further answering saith that about the first of January AD 1839 that Abram S Humphries who had interpleaded in Ch Co. purchased from the said Elizabeth at that time the wife of this Defendant and the mother of the said William W. Gowing the said negro Milley and her three children Anthony about 6 years old, Maria about 4 years, and Willis about 2 years for the sum of 2000 dollars.
This Defendant further saith that 1100 dollars of this aforesaid sum was appropriated by the said Abram S Humphries by and with the consent of the said Elizabeth on the 19th day of January AD 1839 to the purchase of a certain negro woman by the name of Sarah and her two children Fayette and Oscar from one Olivia Clark then a citizen of the County of Winston in the State of Mississippi. All of which will more fully appear by reference to Exhibit marked A and which this Defendant prays may be made a part of his answer.
This Defendant further answering saith that a short time after this purchase of the last-mentioned slaves that said Abram S Humphries paid over to the said Elizabeth about four hundred dollars and a short term afterwards, some two or three hundred dollars more as this Defendant is informed and verily believes.
This Defendant further answering saith that the said Elizabeth being willing and anxious to secure to the heirs of her body as large a share as she could from the proceeds of the sale of the aforesaid negroes Milley and her three children requested the said Abram S Humphries to make and deliver to her minor son William W. Gowing a promissory note for the balance due from him on the purchase of the said Milley and her three children – which request was carried into effect by the said Abram S Humphries executing & delivering the note now in suit in the Circuit Court of Lowndes County, Mississippi wherein William W. Gowing by his next friend Drury Gowing (who is the Defendant) is Plaintiff and the said Abram S Humphries is Defendant.
This Defendant further answering saith that it was to arrest the progress of the aforesaid suit at law that the said Abram S. Humphries has interpleaded and restrained all further proceedings in said court.
This Defendant further answering saith that the negroes purchased as above mentioned by the said Abram S Humphries from the said Olivia Clark for the said Elizabeth & the heirs of her body are all that is left to the said Elizabeth & the heirs of her body of the aforesaid sum of 2000 dollars given by said Humphries for the said Milley and her three children except the amount now due on said not in suit – and that if said William W. Gowings is deprived of said sum of money that manifest injustice will be done him.
This Defendant further answering saith that the said Joseph P. Prince who now claims the amount of said note from said Abram S Humphries as garnishee should not in Equity and good conscience be permitted to have or possess the same as the said money belongs not to this Defendant but to the said William W. Gowing who is one of the minor heirs of the said Elizabeth Gowings.
This Defendant therefore prays that your Honor will protect & guard the interests of the said William W. Gowing from this and all other attempts to divest him of his just rights in the premises.
All of which matters and things this Defendant is ready and willing to aver, maintain, and prove as this Honorable Court shall direct & humbly prays to be ___ dismissed with his reasonable costs & charges in this behalf most wrongfully sustained.
Signed: Ace-Gray, Solicitors for Deft.
Note on last page: I have withdrawn Exhibit No. A from the papers to have it recorded in the Probate Clerks office of Lowndes County, Miss, August 11, 1842. A.S. Humphries.
Files Notes at top of Page: 3916 and 5251
Sheet 6, image b: indicates this is recorded in Book 24, Page 242, File 84.
Sheet 1, image a: Officer of Court v. Joseph P. Prince: indicated the case was dismissed on the 5th day of April 1842. No property found in the County on which to levy … 3916, 49 (Note: Drury Gowing won the suit and was attempting to collect his costs against Joseph P. Prince – who apparently had no property in the county)
Sheet 1, image b: State of Mississippi, Lowndes County – To the Sheriff of Lowndes County: Greeting, We command you, that the goods and chattles, lands and tenements of Joseph P Prince, late of your County, you cause to be made the sum of 25 dollars and 01 cents which Drury Gowing lately in our Circuit Court, hath recovered against him for costs about his defence in a certain action, at the suit of the said J P Prince. Whereof the said J P Prince is convicted as appears to us of record; and that you have the said moneis before the judge of our said court on the First Monday of October next, to render to the said Gowing use of Officers of Court for their costs aforesaid, – and have then there this writ. June 1st, 1842. Signed Sterling H Lester, Clerk. by Chas R Jordan.
Lowndes County, Mississippi. Circuit Court Records. Drury Gowing’s Answer: Case Number: CC3916-02b sheet 07, images a through e.
(NOTE: Ambram S. Humphries is Elizabeth Smith’s 1st cousin. Elizabeth Smith’s father John Smith and Abram S. Humphries mother Mary Smith were siblings (brother and sister). John Smith married Nancy Chisholm and Elizabeth Smith, the wife of Drury Gowing, is their daughter, and Mary Smith married John Jefferson Humphries, and Abram S. Humphries is their son). (ALSO NOTE: John Farnandes mentioned in this answer is the son of Henry Farnandes who was sold some of Adam Chisholm decd’s land back in Union County, SC. Nancy Chisholm is the daughter of Adam Chisholm – Nancy Chisholm married John Smith – and Elizabeth Smith is their daughter – she is the wife of Drury B. Goyen/Gowing in this document … The Smiths, Humphries, Goings, Davis, Chisholms, and Alexanders – all moved to the Pickens County, Alabama and Lowndes County, Mississippi area in the 1830s about the same time – and were related by marriage to one another).
Drury B. Goyen (abt 1805-1848) and Elizabeth Smith (abt 1805-1848) have the following children:
Both Drury and Elizabeth appear to have died some time between 1847 and 1848 as they both disappear from all records at that time, and their oldest sons, John E. Going and William W. Going suddenly appear in several records in Lowndes County, MS and Oktibbeha Co, MS (just on the other side of the border from Pickens Co, AL).
Abraham Smith Davis dies in 1859/60 (son of Sarah Smith Davis - sister of John Smith). William W. Going/Goyen is an admiinistrator of his great uncle, A S Davis' estate in Oktibbeha Co, MS. See:
1861 May 6 – No 314 A S Davis intestate annual acct. W W Goyens and J E Davis admins of A S Davis decd, 1861 2d annual acct. pg. 529.
1862 May Court – No 314, pg 684. A S Davis intestate annual acct…
I hope that helps sort out the spouse and descendants of John Smith, son of Abraham Smith (1748-1806) of Union Co, SC. If you need additional information regarding this line, let me know.