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    1. RE: [NCROOTS] Some Smith Wills in Wilkes county
    2. Sharon Ann K�sa
    3. At least two of the wills are written by people in my family ancestry. The names (for the initials) follow the text of your original message for clarity. Sharon -----Original Message----- From: Cindy [mailto:jimgoad@hpe.infi.net] Sent: Tuesday, December 21, 1999 8:35 PM To: NCROOTS-L@rootsweb.com Subject: [NCROOTS] Some Smith Wills in Wilkes county Does anyone know the names all these initials are for? ********************************************************* James A Smith 7 May 1880, pro 21 Feb 1883. Wife: martha Sons: C. W. and J. N. B. Smith,Joel F Smith, Noah C. Smith, james R Smith. Dau: E. J. Smith Ex. son manliff C Smith Wit: A. M. Smith, G. S. Smith, Francis Bryan __________________________________________________________ The above person is the s/o James Smith and Elizabeth (Hutchins) Smith: James Anderson Smith, 2 wife: Martha Settle, 1 wife: Mary M. Smith Sons: Charles Wesley Smith (s/o Mary) John N.B. Smith (s/o Mary) James Ralph Smith (s/o Martha) Joel Franklin Smith (s/o Martha) The only son named Noah was Reuben Noah Smith (s/o Martha) Dau: Elizabeth Jane Smith (d/o Mary) Ex. son Manliff Carter Smith ************************************************************** James Smith 30 Aug 1841, pro Feb 1842 Dau: Elizabeth Hutchins Smith Exec: none Wit: David and Charles harris James Smith is the father of James Anderson Smith, above. Here's a little family history about James Smith and his daughter, Elizabeth (named after her mother): James Smith remained on his land in Wilkes County and watch his children grow, marry and move away. He was a carpenter, a cabinet maker and farmer by trade. It is said that he brought his carpenter tools with him from England. He worked hard and lived the life of a true pioneer. On the 25th of August 1841, his wife, Elizabeth, died at the age of 65 and since he was 75 years old and had been rather sick recently, he sat down a few days later and wrote his will. At the time he wrote it, all of his children were either married or had moved away except for the youngest daughter, Elizabeth Hutchins Smith, who was at that time 23 years old and unmarried. Here is a copy of the will he wrote: "In the name of God, Amen. I, James Smith, of Wilkes County in the state of North Carolina being at the present time sound in mind although very weak in body do declare this to be my last will and testament. I hereby bequeath and devise to my beloved daughter Elizabeth Hutchins Smith all my household & kitchen furniture, also all the stock I possess of all kinds with my shop tools of all descriptions and my family utencils for her own separate use and maintenance. In witness whereof I have hereunto set my hand and seal this 29th day of August 1941." His X mark James Smith In presence of ........David Hanks Charles Harris Wilkes County, North Carolina Was duly proven February term 1842 It is important to note that in those early colonial days, if a woman was not mentioned specifically in a will, then she had no claim for (or very little) on any property or possessions regardless of her relationship to the deceased. So, James made a point to write a will that would insure a future for his daughter since she was still unmarried. He left her all his earthly possessions except his land (which is not mentioned in his will, but which James deeded to his son, James Anderson Smith in 1847). James wrote his will in August 1841, but lived for seven more years. However, just a few months after he wrote his will, Elizabeth, apparently in order to secure for her own possession the things her father had willed her, simply went into Wilkes County court and asked that the will be probated. Naturally the court officials took it for granted that James Smith was dead and so went ahead and probated the will. This is an unusual case, but it could, and evidently did happen because his will was actually probated in 1842, but he was still alive in 1847 when he deeded his land to his son. Two years after the will was probated, another interesting event occurred. Elizabeth had met a man named Jeremiah Richardson who she wanted to marry, but evidently the family disapproved. So she eloped and the family followed her a considerable distance in order to have the marriage set aside, but Elizabeth and Jerry went all the way to Indiana (a very long distance in those days). James lived until 1849 when he passed away at the age of 83 years and 3 months. The old James Smith homeplace is now owned by the Chatham family and lies 1/4 to 1/2 mile west of Doughton, North Carolina. The family cemetery is enclosed with an iron fence. Just five persons are buried there and their graves are marked with field stones. The five are James Smith, his wife Elizabeth (Hutchins) Smith, their son James Anderson Smith and his first wife, Mary, and also Jones Smith, son of James Anderson Smith and Mary.

    12/21/1999 07:34:41