Chasing the Past

I believe the children of James and Martha Smith to be the following:

• Green
• Nelson P
• Richmond
• Cuddy J
• John
• Nancy
• Sarah???

This is the fourth installment of trying to learn more about James Cuddy and Martha Smith by learning about their children. I’m confident that Nelson P, Green, Richmond, Cuddy J and Nancy were James Cuddy and Martha’s children.

Next up is John.

Let me preface this by saying this is more of a research document. I feel quite confident in who John was not.

What I know

In 1790, there is only one James Smith in Montgomery County. In 1810, there are three. One of those is in present day Stanly County and another the ages for James, Martha and children don’t fit. The third, however, fits with other census data. If this is my James Cuddy Smith, and I believe it is, John would have to have been born between 1780 and 1790.

According to the census records for James Smith in 1790¹ and 1800², the only possible years for John’s birth is between 1785 and 1790.

On the 1790 Census, James Smith has 1 male 16 and upward, 2 males under 16, and 2 females. In 1810, 1 male over 45, female 26-44, 2 males under 10, 2 males 10-15, 2 females under 10, and one female 10-15. In 1810, Male and Female over 45, 2 males 16-25, 1 male 10-15, and one male under 10. In the table below, I outline how I think they all fit.

	1790 Census	1800 Census	1810 Census
James	16 and upwards	Over 45	45 and over
Martha	Female	26-44	45 and over
Nelson	Under 16	10-15	16-25
John	Under 16	10-15	I believe living next door
Green		Under 10	16-25
Richmond		Under 10	10-15
Nancy		Under 10
Cuddy			Under 10
UNK Female	Female	10-15
UNK Female		Under 10

Who John was Not

A name such as John Smith is a tough one to follow. There is one thing of which I am fairly certain. Jonathan Smith of Montgomery County, NC is not the son of James Cuddy and Martha Smith.

One piece of evidence is from the 1810 census for James Smith³. Jonathan Smith was supposed to have been born in 1801. If he was the son of James and Martha, he should be on the 1810 Census as a male under 10. There is only one male under the age of 10 listed on the census, and that would have to be Cuddy J, who I know was a son of James and Martha. I know this because all subsequent census records for Cuddy J indicate he was born about 1805. This makes him the sole male under age 10 listed in the 1810 census for James Smith.

More evidence was found in a probate file belonging to Green Smith, one of James Cuddy and Martha Smith’s other sons. There are a couple of things. First there was a Jonathan was living on land that belonged to Green. It has been thought this Jonathan Smith was James Cuddy & Martha’s son. However, this Jonathan Smith served on the jury that allotted the widow’s portion of Green’s estate. This is problematic because a juror for this estate cannot be related to Green.

On page 20 of the 1851 file, there is a petition to “lay off and allot to Olive Smith widow of Green Smith Dec’d her dower and thirds in the lands of said Green Smith Dec’d”. John McLennan, Clerk of Montgomery County, commands the sheriff to “summon a jury of good and lawful men unnconnected with the parties by affinity or consanguinity.” Therefore, the Jonathan Smith found living on Green’s land cannot be related to Green Smith.

A question does arise because in 1860 when John H Montgomery was trying to give notice to Green’s “heirs at law,” there was only one heir to be found living in North Carolina. John Montgomery lists the heirs of Green Smith by name which are known to be his siblings and found that only his brother Richmond Smith was living in North Carolina. Why are the siblings of Green Smith his heirs? It is notable here that Jonathan Smith was still living in Montgomery County was not listed by Montgomery as an heir or sibling. In fact, he remained in Montgomery County until his death in 1873.

The second crucial bit of evidence is that the 1851 probate file lists Richmond as the only surviving heir. This was noted in 1870. This further helps eliminate the Jonathan Smith of Montgomery County being an heir. Being that Jonathan was mentioned in the 1851 file and still lived in the same area, it would appear to me that he would not be hard to find in 1860 or 1870.

As a sidebar, I am a bit confused about two things. First, why are Green’s siblings his only remaining heirs? He had at least one daughter, Caroline, as noted in a deed from 1849. Second, the petition of 1859 to settle Green’s probate switches between Richmond and Richard. I can find no evidence of a connection between Green Smith and a family member named Richard. It does name, without deviation, Curtis as also being a brother. This name is also unfamiliar to me, as I have found no evidence of a Curtis Smith being connected to Green. I feel Curtis is supposed to be Cuddy or Curly as I’ve seen Cuddy J referred to. Why is Green’s sister, Nancy, not a part of this petition? She is still living in 1859.

In 1870, Richmond is the only surviving sibling to Green Smith. Nancy has died by January 1867 and Cuddy J in late 1868. It makes sense that by 1870, the only surviving sibling of Green would be Richmond if the Jonathan Smith of Montgomery County is not related because he is still alive at this time.

I considered this Jonathan was Green’s son. However, he is too old to be Green’s son. He did live on Green’s property. He could also be a nephew to James Cuddy or even Green. However, he never made claim to the estate as the other siblings and their children did. In addition, he should not have been blood related in order to serve on the jury to lay off Olive’s dower.

My grandfather does have 25 DNA matches with descendants of Jonathan Smith of Montgomery County on Ancestry ThruLines^®. Of course, ThruLines is based upon the family trees that people build. However, the DNA is still there. Therefore, Jonathan Smith does have some sort of connection to my grandfather’s family. In my opinion, he is either the nephew or cousin of James Cuddy Smith or an illegitimate child of James Cuddy.

Finding John

First because of Green’s probate file and the absence of any claim to the estate of James Cuddy and Martha Smith, I’m not sure what happened to John. He did indeed leave Montgomery County or was dead by 1851.

According to the “Family of Nelson P Smith” in Montgomery County Heritage Volume II, John’s middle initial was P. They also state that he, Green, Cuddy, and Nancy are Nelson’s children. This is incorrect that there are several documents for James Cuddy’s property involving his children. However, the names they listed were correct as to some of James Cuddy and Martha’s children. I have found no evidence that Nelson P had these children.

The article on the “Family of Nelson P. Smith” in the Montgomery County Heritage Volume 2 states that Nancy, John P, and Cuddy moved west⁴. I believe this to be true.

My first efforts were to find a John P. Smith in Montgomery County, NC or Carroll County, TN. According to the census records for James Smith in 1790¹ and 1800², the only possible years for John’s birth is between 1785 and 1790.

Finding a John Smith who died by 1858-ish is no simple feat. In 1810 there is a John Smith living right beside the only James Smith found in Montgomery County. John is 16-25 years old, which matches what I have found on the 1790 and 1800 census for James Smith. John has three females living with him, one under 10, one 10-15, and one 16-25. Theoretically, the female 16-25 could be his wife and the female under 10, a daughter. The 10-15 year old probably would not be his daughter. Conveniently, the 1800 Census for James Smith lists a female under 10. She is missing from the 1810 census. She could be living next door with John in 1810.

The only John Smith I have been able to find in Montgomery County and surrounding areas is living in Stanly County 1850 and on the West Side of the Pee Dee River in 1840. These areas would be the same because the county divided in 1841. This John Smith lived in NC until his death in 1875. Since Green Smith’s probate record states that John Smith is not living in the state, this cannot be John Smith, son of James and Martha Smith.

Looking to Carroll County, Tennessee

In 1830, there is a John P. Smith living close to Cuddy and a few others. I think they all moved west.

This John Smith’s age is close to being the right age for John, the son of James and Martha Smith based on early census records of James Smith. According to the 1830 census, John P Smith is 30-40 but should be 40-50 according to the 1790 and 1800 census for James Smith. The only John Smith I have found in Carroll County and surrounding areas in 1840 is too young to be this John Smith.

In 1841, a John P. Smith is a witness to a deed between Martin Dill and Cuddy J Smith in Carroll County, Tennessee.

This is where the trail goes cold. I have so far found no probate record nor anyone on a census in Carroll County that I believe is John Smith, son of James & Martha.

Updates:

1840 US Census lists John P Smith living in Carroll County, Tennessee.

In 1850, there is a John P Smith, age 61, living in the 16th Civil District of Carroll County, Tennessee with Lucy, 60, John W, 26, and James W, 21. John, Lucy, and John W all being born in North Carolina.

The ages on both match and would place John being born in about 1789 in North Carolina.

Still more research to be done to see what happened to John and why neither he nor his family purchased the rights to the inheritance of James and Martha.

Conclusions

I am confident that Jonathan Smith of Montgomery County, NC is not the legitimate son of James Cuddy and Martha Smith. I believe he may be a nephew or the illegitimate son of James Cuddy.

I believe John Smith, son of James Cuddy and Martha, was born in the late 1780s and moved west with Nancy and Cuddy Jr.

I welcome any and all feedback!

Sources

“North Carolina Estate Files, 1663-1979,” database with images, FamilySearch (https://familysearch.org/ark:/61903/3:1:3QS7-89CF-2525?cc=1911121&wc=Q64S-77K%3A1066705302%2C183204002%2C1589145511 : 20 November 2015, Accessed April 3, 2024), Montgomery County > S > Smith, Green (1851) State Archives, Raleigh.

“North Carolina Estate Files, 1663-1979,” database with images, FamilySearch (https://familysearch.org/ark:/61903/3:1:3QS7-L9CF-2PGT?cc=1911121&wc=Q64S-WMD%3A1066705302%2C183204002%2C1589145563 : 20 November 2015. Accessed 3 April 2024), Montgomery County > S > Smith, Green (1860) > ; State Archives, Raleigh.

“Carroll, Tennessee, United States records,” images, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSZN-733M?view=explore : Apr 7, 2024), image 168 of 619; .

Carroll. Court Minutes 1826–1833, Will Books 1822–1864, images, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3QS7-8924-RDZ2?) Accessed 7 April 2024, image 53 of 611.

“Tennessee, United States records,” images, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:33S7-9YY2-S6XG?view=explore : Apr 15, 2024), image 304 of 712; United States. National Archives and Records Administration. John P Smith.

“Montgomery, North Carolina, United States records,” images, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:33SQ-GYYY-97HL?view=explore : Apr 22, 2024), image 50 of 509; United States. National Archives and Records Administration.

“Tennessee, United States records,” images, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:33S7-9YY2-S6XG?view=explore : Apr 22, 2024), image 304 of 712; United States. National Archives and Records Administration.

1840 United States Federal Census; database with images, Ancestry (www.ancestry.com) Census Place: Carroll, Tennessee; Roll: 521; Page: 65; Family History Library Film: 0024544, Entry for John P Smith.

The National Archives in Washington D.C.; database with images, Ancestry (www.ancestry.com). Record Group: Records of the Bureau of the Census; Record Group Number: 29; Series Number: M432; Residence Date: 1850; Home in 1850: District 15, Carroll, Tennessee; Roll: 873; Page: 132a, Entry for John P Smith.

1. “United States Census, 1790”, database with images, FamilySearch (https://www.familysearch.org/ark:/61903/1:1:XH2M-SLZ : Sat Mar 09 06:17:58 UTC 2024), Entry for James Smith, 1790. ↩︎
2. “United States Census, 1800”, database with images, FamilySearch (https://www.familysearch.org/ark:/61903/1:1:XHR7-1D7 : Sat Mar 09 01:11:11 UTC 2024), Entry for James Smith, 1800. ↩︎
3. “United States Census, 1800”, database with images, FamilySearch (https://www.familysearch.org/ark:/61903/1:1:XHR7-1D7 : Sat Mar 09 01:11:11 UTC 2024), Entry for James Smith, 1800. ↩︎
4. Mrs. May Smith Kingsbury. “Family of Nelson P. Smith” The Heritage of Montgomery County, North Carolina, Volume 2. Montgomery County Historical Society. 1992. Article 446, Nelson P. Smith. ↩︎
5. “United States Census, 1790”, database with images, FamilySearch (https://www.familysearch.org/ark:/61903/1:1:XH2M-SLZ : Sat Mar 09 06:17:58 UTC 2024), Entry for James Smith, 1790. ↩︎
6. “United States Census, 1800”, database with images, FamilySearch (https://www.familysearch.org/ark:/61903/1:1:XHR7-1D7 : Sat Mar 09 01:11:11 UTC 2024), Entry for James Smith, 1800. ↩︎