MO GenWeb Project - Barry County - Cemetery - Bethel Cemetery

SOME SMITH FAMILY NOTES

Charles Smith was a soldier of in the Florida War. He joined the Tennessee Mounted Volunteers on November 3, 1837. He was injured and died in Baton Rouge, LA. He must have known he was dying as he made out a will 2 days before he died. He left each of his children $25.00 each to be collected when they reached their 21st birthday. Charles and Nancy Smith raised horses.

These names are all from the same page, page 378, of the 1830, Rhea County, Tennessee Federal Census. There are other kinsmen on other pages that are listed here.
Bandy, David 10001-0001
Jacobs, Jacob 100000011-1000101
Smith, Charles 02101-010001
George, Thomas 102101-1110001
George, W. H. 00001-0001
Smith, Jas. 0100001-0100001

May 13, 1838: Baton Rouge, Louisiana: I, Charles Smith of the County of Rhea and State of Tennessee being of sound mine and disposing memory do make constitute and appoint this my Las Will and Testament. 1st: I desire my Executor and executrix to pay all my just debts out of my effects. 2nd: I will and bequeath to each of my children twenty five dollars in cash to be paid to them on their arrival at the age of twenty one years or as soon as they may marry by Executor and Executrix. 3rd: I desire my Executor and Executrix to dispose of all my personal property a public sale at a credit of 12 months that my wife may think she can convianley (sic) spare or so much as my Executor and Executrix may think to be an advantage to my Estate. 4th: I desire my wife Nancy Smith shall have the entire management and control of the raising and educating of my children and to enable her to do which she is to have the whole of my Estate or so much thereof as may be necessary for that purpose. 5th: I make constitute and appoint my wife Nancy Smith my Executrix and Samuel Frazier, my near neighbor, my Executor, with full poser to act according to the foregoing will and the law of the land. Given under my hand and seal in presents of John Hoyal, Wm. F. Smith and Wm. A. Thompson the day and date firs above mentioned. John Hoyal - William F. Smith - William A. Thompson. Charles (X) Smith (his mark)

Inventory:
1 stallion horse
2 two year old colts last spring
1 cow and calf
1 crosscut saw
2 hows "hoes"
1 doubletree of a wagon
2 mares and colts
1 yoke of oxen
35 head of hoggs
1 cane sheer and dragon plow
1 clevis, worn
8 head of geese
sashes for 2 windows

An inventory of the personal estate of Charles Smith, dec'd the part that the widow wishes to keep under the 3 or 4 provisions of the will: one mare and one colt, one young horse, eight head of cattle, all the household and kitchen utensils, three gofer ploughs, two shovel ploughs, four hose, one hand saw, one drawing knife, two augers, one chisel, three axes, one matocke, one spade, one scythe and cradle, one rap hook, one cutting knife steel and one screw, one foe, 2 clevises, one iron wedge, one wagon and one log chain and one yoke, thirteen head of sheep, two head of geese, two pair of plough lines, one old trace chain, one rifle gunn and appurtenances, one grindstone, one hammer, description of the household and kitchen furniture, 2 beds, one clock, one looking glass, chest and trunk, two spinning wheels, one loom and apesuties two tables, two sets of iron dogs and some cooking utensils, steelyard, a barrel of salt, some earthen ware, and some other things too frivolous and tedious to mention, thirty-five head of hoggs the widow has on hands, five or six bushes of wheat, a crop of corn, viz. Two thirds of twenty acres of corn fifty or sixty.

Doubtful claims:
One note on hand on Mathew O. Smith, Henry F. smith and Mary Smith for two hundred and fifty dollars due the 25th Dec 1838, 250.00.
One note on hand on the same for the same due, the 25th Dec 1839, 250.00.
One note on hand on Aaron Maloney for thirteen dollars fifty cents due the 30th of Oct 1837, 13,50.
Due on the 30th Oct 1837 the following accounts from different person accts:
Nicholas Romion to season of 1 mare 3.00
Harris Ryan service 1 mare 3.00
Vaden H. Giles Dr. 5.00
Isaac Gwinn service of 1 mare 3.00
John Nelson service 2 mares 6.00
Ronsey Fry service 1 mare 3.00
David Singleton service 1 mare 3.00
Alfred Paterson service 2 mares 6.00
Clinton Hutson Dr. 12 bushels of corn
Brooke service 1 mare 2.00
Berry Qualls service 1 mare 2.00
Nathan Quall service 1 mare 2.00
William Jones service 1 mare 3.00
Jonathan Fry service 2 mares 6.00
Troublefield service 1 mare 3.00
John Smith service 1 mare 3.00
Francis Reavly Dr. 1.00
Thomas Smith service 1 mare 3.00
Esiah Frazier service 2 mares 6.00

Very doubtful claims:
One note of hand on Thomas Jones due the 18th January 1833 for ten dollars very uncertain it is ever got 10.00
One order from Robert directing Usimas Cooper to pay 62 ½ cents in corn at 25 cts per bushel dated 12th December 1836 uncertain .62 ½
An order directing Andrew Castell to pay Charles Smith 81 ¼ cents by Wm. M. Ray, July the 2nd 1836 - bad chance .81.1/4
1 receipt on Quarter Master US Army for 150.00
1 receipt of Jno Conelley for note for collection 100.00
the foregoing is a true inventory of the estate of Chares Smith, Dec'd so far as the same has come to our hands of any other person or persons to the best of our knowledge.
Sworn to in open court: N. G. Frazier, Clerk

Samuel Frazier, Executor
Nancy Smith, Executrix

Book B: Pages 31 -33
A settlement of the Estate of Charles Smith Deceased was returned at June session 1841 was received by the court and ordered to be recorded and is in the words and figures following, to wit: Agreement to the act of the General Assembly of the State of Tennessee I have proceeded to state the account of Nancy Smith Executrix and Sameul Frazier Executor of the Last Will and testament of Charles Smith Deceased and I find as follows, to wit:
First I find the said Executrix and Executor chargeable with the following accounts to wit: To amount of the Sales Debts collected and Interest thereon until paid (except Henry F. Smith for a horse bought at the sale which was not all been collected and which is not included in the amount 182.68 ¾.

Amount collected of Aaron Maloney for note inventoried 14.621/2
Amount of Isaaac Gerom a/c inventoried 3.00
Amount received of John Nelson #.00
Amount of account on Ransa Fry 3.00
Amount of account on David Singleton, 3.00
Amount of account on Berry qualls 2.00
Amount of account on Hubbard Qualls 2.00
Amount of account on William Johns 3.00
Amount of account on Jonathan Fry 6.00
Amount Received of John Smith on his a/c 1.00
Received of Bereah Frazier a/c 3.00
Amount Received of Richard Waterhouse as per account
Amount Returned in additional inventory 140.62 ½
Amount of Stephen Chandler note and interest until paid 21.10
Was returned in the account of the sale of the property of said Estate and has not been collected.
Amount received of Thomas M. Collie for a check (sold him, which was received for his horse claim) which is inventoried as a receipt on the Quartermaster US Army 154.27.

AMOUNT 561.25 ¾

I find the said Executrix and Executor entitled to the following items of credit, to wit:
By amount of Thomas M. Collie a/c 24.23
By amount of Giles Smith 26.75
By amount of note against Charles Smith give to Richard & Blacstone Waterhouse paid by executors 119.87 ½
By note given to John Day by Charles Smith 2.71
By amount of Cyrus Waterhouse a/c 21.62 ½
By amount of Dougals Barsdale a/c 10.00
By amount of John Days a/c 1.87 ½
By amount of Azanah Bartons a/c 2.00
By amount of John Essex a/c 2.62 ½
By amount of Isaac W. Gerons a/c 1.00
By amount of note given to Robert N. Gillespie a/c 15.43 ¾
By amount of James W. Irman a/c 9.31 ¼
By 1 probate of Jonathan Fry releasing him form 3.00
By Giles Smith one of the heirs receipt filed for under the provisions of the Will fo Charles Smith 25.00
By William Lea's receipt filed for his wife Caroline Smith she being one of the heirs of the said Charles Smith 25.00
By 2 tax receipts paid for taxes on the lands of said estate 2.12 1/2
By amount of note given to James J. Dyer and interest 26.31 ¼
By amount of Jame J. Dyer a/c 3.77
By amount of judgments for costs in favor of Thomas Smith 2.00
Total 377.41.3/4

I also find that Mrs. Smith has expended for necessaries for the use of her family under the provisions of the will of the said Charles Smith. 157.12 1/2

By amt paid for settlement and recording the same 2.50.

Leaving a balance of due said estate in the hands of the said Executor and executrix of 24,20 ¾

I further find that three notes which was returned in the inventory by the said Executor and Executrix on Mathew Smith, Henry F. Smith and Mary Smith amounting to Six hundred Dollars besides interest which said notes were given for a tract of land purchased I the lifetime of said Chares Smith and which the said executors have given up and take back the land at the price for which the same had been sold by the said Charles Smith in his life time as they reported that the notes could not be collected and under the provisions of he Will of the said Charles Smith and them believing it to be for the benefit of the Estate they have taken back the land and lifted the bond which the said Charles Smith gave for to take title to the same on the payment of the purchase money and have relinquished the aforesaid notes except the interest which was due thereon at the time the land was given back to the Executor and Executrix for which they have a judgment against the said Henry F. Smith and Mary Smith before … B. Dyer Esq. I have therefore in making this settlement not charged the executor and executrix with the aforesaid notes returned in the inventory by them as the title of said land appears to be vested in the Heirs of said Estate by an arrangement made by the executor and Executrix by lifting the bond given by Charles Smith for to make title to said land which is filed in my office and they have reported the land as belonging to said estate and taken by them in satisfaction of the aforesaid debts, al of which is respectfully submitted for the inspection of the worshipful court. Signed Benjamin D. Smith , Clerk by his Deputy Davis Waterhouse.

Book B, page 74, Rhea County, TN: A settlement of the Estate of Charles Smith Deceased was returned to court at March 1843, which was received by the court and ordered to be recorded and is as follows to wit: Agreeably to the provisions of the acts of the General Assembly of the state of Tennessee I have proceeded to make settlement with Samuel Frazier, executor and Nancy Smith, Executrix of the estate of Charles Smith and find as follows to wit: I find said Executor and Executrix chargeable with amount on former settlement.
Received from John Smith 2.00
Received from Beriah Frazier 3.00
Received on Whitenburgs note 29.00
Total 56.20
Less credits
By amount of G. B. Thompson a/c 150..
N.G. Frazier a/c 7.37 ½
Willima Jacobs receipt 10.00
Nancy Smith a/c 9.45
By amount paid for registering and ack of bond 2.00
Paid clerk for this settlement 2.50
Total 46.32 ½
Balance 9.87 ½

I find said Executor and Executrix have in their hand the following notes of which they report as follows
To Wit:
1 note on Thomas John which is insolvent 10.00
1 order on N. Cooper for .62 ½ (is in doubt)
1 order on A. Casteel for 3 bushes corn (in doubt)
Also one note on Christopher F. Whittenburg for the sum of 111.40
Which is considered good and solvent

Amount allowed Executors for services 42.66

All of which is respectfully submitted for the instruction of the Worshipful County Court this 4th day of March 1843. B. D. Smith, Clerk.

A report of Nancy Smith, Guardian Charles D. Horace M., Lewis and William S. Smith, minor heirs of Charles Smith, deceased, was are returned to court at May session 1843 by the court and ordered to be recorded and is as follows, to wit:

Nancy Smith Guardian of Charles D., Horace M., Lewis and William S. Smith, minor heirs of Charles Smith Deceased, reports to the Worshipful County Court of Rhea County that she has received as such Guardian one note on Christopher I. Whittenburg and others for one hundred and eleven dollars and forty seven cents due the 4th day of December 1842, with a credit of said note of two Dollars, and also Two dollars collected from Giles Smith which is all that she has receive on account of her said wards. All of this is respectfully submitted for the inspection of the Worshipful County Court this 1st day of May 1843. Sworn to in open Court 1st day of May 1843. B. D. Smith, Clerk Nancy (X) Smith Her mark

Application for Bounty: In 1851 on July 9th, Nancy Smith, widow of Charles Smith, made her application to the US Government for bounty land and attached a copy of Charles Smith's honorable discharge to the application for review. His discharge was dated May 11, 1838 at Baton Rouge LA. On April 21, 1852, she was awarded 80 acres of Land but subsequently additional bounty was granted to soldiers by congress so she returned her bounty certificate with a claim of additional land which was awarded to her in 1855 for a total of 160 acres. Nancy Smith
Rhea County, Tennessee
22 Oct 1856
[Formerly Nancy Jacobs, born Virginia, 1797 and married to Charles Smith.]

State of TN: Rhea Co.
This 22 day of Oct 1856, I have on this day proceeded to take the deposition of Nancy Smith a witness for John W. Hughs about the age of 58 years at the dwelling house of Nancy Smith. Taken in the presence of John W. Hughs one of the parties to be read as evidence in a suit now pending in the circuit court of Rhea County, Tennessee, on the first Monday in Nov 1856 in the town of Washington wherein John W. Hughs and other is plaintiffs and Silas Conley and Hugh? Conly is defendant. The said Nancy Smith after being sworn o the Holy Evangelist to speak the truth, the whole truth and nothing but the truth, concerning the matter in dispute between the said parties deposes as follows:

Question first by plaintiff: Are you acquainted with the parties in this suit and if so how long and whereabouts.
Answer: I am acquainted with the parties and have been acquainted with John W. Hughs about fifteen years.
Question 2: By the name are you acquainted with James Smith deceased and if so how long and where.
Answer: I wonse (sic) acquainted with him ever since I could recollect up to his death. I first become acquainted with James Smith in So Carolina Union District. He then left when I was about twenty-one years old and in a short time I left there and come to this country and he was living here.

Question 3: By same. Wonse (sic) you acquainted with James Smith's former wife in South Carolina and if so how long do you think it wonse (sic)?
Answer: I was with him and his wife ever since I was a child up to the time I was going on twenty one years old, they then parted and never lived together any more. They then lived separate some time and he left and come to this country and his wife still lived in South Carolina for one or more years, and I then left there and come to this county and he was living with another woman said to be his wife, and it was not the wife he left in South Carolina.

Ques. 4: Did you ever hear any person say James Smith and his first wife was married?

Ques 5: and if so who were they?
Ans by same: I have heard John Bolen, diseased, say he saw them married.

Question 5 & 6: By same. Where did James Smith and his first wife come from originally, when they come to Sou Carolina?
Ans. By same: They come from Virginia, Farquier Co. That was my understanding from them.

Question 7 by same: Where you acquainted with Polly George, the woman James Smith as living with when you come to this county and if so when and where?
Answer Ques 7: by same. I was acquainted with Polly George, first in the state of South Carolina in Union district. She then left and come to this country and in some eight or ten months after that James Smith left there and come to this country too and sometime after that I come to this country and were living together in this country as husband and wife.

Qs 8: Mrs. Smith do you know James Smith's first wife's name before she was married to him?
Ans. I understood from her that her name was Jala Duncum.

Question 9. Was James Smith and his first wife recognized in society as husband and wife in the state of So. Carolina?
Ans: Yes, I never knew anything to the contrary.

Qs 10: Mrs. Smith was William and John Smith and Charles Smith recognized as James Smith, Deceased, legitimate heirs.
Ans. They were.

Qu 11: Mrs. Smith, was William S. Smith a legitimate heir of Charles Smith diceased.
Ans. He is.

Qs 12: How old is the said William S. Smith?
Ans. He was twenty-two years old the 14 Feb 1856.

Further this deponeth saith not, this 22 Oct 1856.
Nancy (X) Smith (her mark)

I Andrew Lowe certify the foregoing deposition is all in the hand writing of Jacob Vanen and William W. ___ and that I am in no wise related to either of the parties that the same was then before me on the day at the place and the presence of the plaintiff, one of the parties set forth in the caption and it was not been out of my possession in any wise altered to or changed since it was signed by the said Nancy Smith this 22 Oct 1856.
Andrew Lowe Seal
J of P Rhea Co. St TN

Descendants of Charles Smith

1 Charles Smith b: Abt. 1787 in Union Co., SC d: May 13, 1838 in Baton Rouge, Louisiana +Nancy Jacobs b: August 17, 1797 in Union Co., SC m: December 13, 1817 in Union Co., SC d: February 23, 1880 in Barry Co., Missouri Burial: Bethel Cemetery, Purdy, Missouri

2 Giles Ira Smith b: 1818 in Union Co., SC d: 1889 in McMillian, OK [Indian Nation] +Sarah Francis Singleton b: April 1818 in Union Co., SC m: Abt. 1838 in South Carolina d: 1905 in Barr

Barry Co., Missouri Burial: Bethel Cemetery, Purdy, Missouri - unmarked grave *2nd Wife of Giles Ira Smith: +Mary Sands b: Abt. 1840 m: Abt. 1867 *3rd Wife of Giles Ira Smith: +Mary Jane Winningham b: 1850 m: Abt. 1875 in Brown County, TX d: 1932

2 Caroline Coleman Smith b: February 04, 1819 in Union Co., SC d: August 17, 1888 in Barry Co., Missouri Burial: Bethel Cemetery, Barry Co., MO +William Wheeler Lee b: December 01, 1821 in Washington County, Virginia m: February 27, 1840 in Spring City, Rhea Co., TN d: January 19, 1905 in Barry Co., Missouri Burial: Bethel Cemetery, Barry Co., MO

2 Smith b: Abt. 1823 in Union Co., SC

2 Charles Dunkhard Smith b: February 04, 1823 in Union Co., SC d: 1903 in Rhea Co., Tennessee +Hannah Caroline Casey b: 1829 in Rhea Co., TN m: January 02, 1853 in Rhea Co., TN

2 Horace M. Smith b: Abt. 1827 in Union Co., SC d: 1894 +Martha Williams b: 1828 in Srping City, Rhea Co., TN m: January 30, 1845 in Rhea Co., TN

2 Lewis M. Smith b: December 26, 1830 in Rhea Co., Tennessee d: October 20, 1911 in Marionville, Lawrence Co., Missouri Burial: Mt. Pisgah, Barry Co., MO +Sarah Melvina Fly b: June 25, 1833 in Tennessee m: July 01, 1855 in Barry Co., Missouri d: February 13, 1902 in Barry Co., Missouri Burial: Mt. Pisgah, Barry Co., MO *2nd Wife of Lewis M. Smith: +Mrs. L. M. Brisco m: Aft. 1902 in Barry Co., MO

2 William S. Smith b: February 14, 1834 in Rhea Co., TN d: January 17, 1912 in Barry Co., Missouri Burial: Bethel Cemetery, Barry Co., MO +Elizabeth Bandy b: January 28, 1837 in Rhea Co., TN m: February 14, 1856 in Rhea Co., TN d: October 07, 1898 in Barry Co., Missouri Burial: Bethel Cemetery, Barry Co., MO