Chasing the Past

Our Ancestors (Morris, Smith, Jones, Robertson)

Children of James and Martha Smith –Green Smith

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

This is the fifth 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 and Martha’s children. In addition, I believe they had a daughter that was the mother of WC or Sarah Christian.

Now I want to focus on Green Smith. I have hesitated in posting this because I lost sight of the purpose of this blog. It’s not to post final answers. Instead, it’s to share the information I have found. Honestly, it’s my research notes.

As I think I’ve stated before, the family lore is that James and Martha came to Montgomery County from Folly Beach, South Carolina in the late 1700’s. They settled in Montgomery County for a while then went west, leaving only Richmond behind. That was certainly the case with Nancy and Cuddy and probably John.

Green, on the other hand, seems to have stayed behind in Montgomery County. Why my family didn’t remember or know this, I’m not sure. I know that when I started looking into Green, I didn’t believe him to have any children. Why would any children he had not be included somewhere in the probate file?

Life

In 1830, there is a Green Smith living in Montgomery County. He is between 30 and 40. With him is a female of the same age and a male between 15-20 and a female 10-15.

Green Smith 1830 Census

In 1840, Green is between 40 and 50 with a female of the same age. With them are males 10-15 and 15-20 and a female 20-30.

Green Smith 1840 Census

The female of the same age, I believe to be Olive, his wife. The female that’s 10-15 in 1830 and 20-30 in 1840 could be his daughter, Caroline as according to the 1850-1880 censuses, Caroline is born between 1816 and 1819.

The males present more of a problem. As of this writing, I’m not sure who any of these three males could be. In 1850, there is an Amos Parnell living with Green and Olive, as well as Sarah Dunn. Theoretically, Amos Parnell could be one of the males living with them in 1840 as well.

According to State v. M.D. Williams et al in June 1853, Green did have more children than just Caroline. In this NC Superior Court case, it is alleged that a fence was removed on a tract of land formerly belonging to one Atkins adjoining the land of Green Smith and was sold some years ago under decree of Clerk and Master in Equity Court. Before the sale, Atkins contracted to sell a portion of the land to Green Smith and received from him the sum agreed on. However, Atkins wasn’t able to pay for the land and transferred his bid to one Mebane. Smith, Atkins, and Mebane agreed that should Mebane take title for the whole of the land, he would convey to Smith the portion which Atkins contracted to sell to him. Mebane took title but conveyed no part of it to Smith, instead conveyed the whole tract to Noah Thompson. Thompson only took possession of the house and cultivated other fields which were separated from the part which Smith had paid for and cleared. Under the “Act of 46,” Mumford Williams was indicted for removing a fence.

The court minutes state Green Smith cultivated it for seven or eight years until his death in 1850 leaving several children and his widow, Olive Smith, surviving. Olive and family continued to cultivate and gather in 1850 and 1851. In 1851, Dower was laid off to Olive Smith and was on that part of Smith’s land adjoining Thompsons and the line was now through the field leaving one side on Thompson’s side and the other on the widow’s dower. At some point, the fence that surrounded Thompsons portion of the field was removed. The jury found Mumford Williams guilty and he appealed to the Supreme Court. In the appeal, the decision was reversed as it was determine that Green Smith was only clearing and removing the fence on the land for which he had contracted to purchase. The judgement was reversed.

Green Smith left several children and his widow surviving

Although it states that he had several children surviving, the census records don’t really support this. As stated before, the female in the 1830 and 1840 census could be Caroline, but the males are not consistent in ages between 1830 and 1840. Either the ages weren’t reported correctly or they’re not the same males. Why would the court case state Green had several children surviving but the only one he deeded property to is Caroline and none of his children are mentioned in his probate?

Evidence he is the son of James and Martha Smith

On 27 of November, 1847, Green Smith of Montgomery County, NC sold his interest in ‘certain slaves which were the property of James Smith, deceased and now in the possession of Martha Smith widow of said Smith’ to W. H. Cawthon of Carroll County, Tennessee. The sale was proven in Montgomery County in September of 1850. It is also recorded that WH Cawthon assigned his right to Nathan Cawthon for value received on 6 April 1848.

Green of Montgomery County NC sells to William Cawthon of Carroll, Tennessee

Green’s bill of sale was proven in 1851. Interestingly, WH Cawthon assigned his rights and interests to Nathan Cawthon in 1848. You’ll see more about the Cawthons later.

WH Cawthon assigns to Nathan Cawthon

The sale of interest in James & Martha’s estate is one piece of evidence that Green is their son.

The only direct evidence of Green’s children is an 1849 deed in which Green Smith sells to his daughter, Caroline Williams, 125 acres for $100.

Green Smith to Caroline Williams

Green appears on the 1850 census with wife, Olive. They live between Olive’s father and James & Sarah Lilly.

1850 US Census, Green & Olive Smith

Again, living with Green and Olive are Amos Parnell and Sarah Dunn. Amos and Sarah could be the children of of Wendell Parnell. However, I have found no proof of this. Whether or not there is a connection to either, I am not sure.

I have found no record of land grants nor of Green Smith purchasing land. One theory is that any deeds were destroyed in one of the Montgomery County court house fires. Another theory is that he received land when James died. These records would also have been destroyed.

Death & Probate

Green apparently died late in 1850 as his probate begin in January of 1851. There are three packets, 1850, 1861, and 1872. Let me tell you, this probate is a doozy! I couldn’t find much in the 1872 case other than the summons for John H Montgomery. However, the files from 1850 and 1861 are full of information. Confusing information, but information none-the-less.

In a nutshell, it seems to me that Olive renounced her right to be administrator of the estate and appointed her friend John H. Montgomery. Montgomery however, didn’t settle the estate. There are multiple judgements against the estate which appear in the courts multiple times, gaining interest because he hadn’t paid them. Finally, in 1868, Olive sues Montgomery. I’m saddened that by 1870, Olive is dead and per probate the only surviving heir is my 4x grandfather, Richmond. She never saw the resolution of this estate.

The 1851 file contains information, court of pleas and quarters summaries, and listing of accounts by Montgomery. There are a few things of note.

In 1851, Olive Smith made a petition for her dower. There were three tracts and about 500 acres total. The second tract of land was where Johnathan Smith lives. There was a question as to whether Jonathan Smith was the son of James C and Martha Smith. YDNA has proven that Jonathan Smith is not the son of James C Smith.

Siblings as Heirs at Law?

Another interesting bit is in 1859, Olive, Richmond/Richard, and Curtis Smith send notice to Montgomery for a summary and settlement of account. In the Court of Please and Quarter it states that Green was the husband of Olive and brother to Richard and Curtis. Richard and Curtis? Who is this? In the end, it is my belief that it is supposed to be Richmond and Cuddly. I say this because of something I found in the 1860 file. I have never heard of a Curtis anywhere in my family history. Not to say he does not exist, but if he does, that would indeed be exciting news!

I believe the 1860 file is about Montgomery getting the land he thought was passed down to James Smith’s descendants. This is why he gives notice to his heirs-at-law. I think whoever he got his information from didn’t know Nelson was dead and didn’t know about the other possible sibling that has passed away. In the 1860 file, Richmond, Nelson, Nancy Johnson widow of Thomas Johnson, Cuddy Smith, and John Smith, heirs at law of Green smith are subpoenaed. It is reported that all except Richmond are non residents of North Carolina. This would be because the rest moved west as I’ve always been told. The 1860 file also says that to the best of Montgomery’s knowledge, Green possessed “several tracts of lands in Montgomery County all contiguous and joining each other on the waters of Rocky Creeks adjoining S.H. Christian, M.D. Williams and half the gold mine track of one hundred acres.” It goes on to say it is “in all about three hundred acres worth about three dollars per acre and that he owned no other real estate and that said land before his death descended to his heirs at law.”

Green Smith Probate (1860) Image 3 of 10

One question in my mind is whether the land deeded to daughter Caroline is included in this. Are there deeds to other children which were destroyed in courthouse fires? Or is it land that, in 1849, Martha deeded to Richmond in consideration for the regard and love she had for her son? That land contained about three hundred acres and adjoined “Eli W Christian on the NE, Dr. Kron on the N, RJ Mebane on the E, Thomas Morris corner on the Stony Hill thence with said Morris line to the sd EW Christian.” Further research is needed to determine this.

Martha Smith to Richmond Smith

Next Questions:

  • Who were Green’s other children?
  • Why were Green’s siblings his heirs at law?
  • Was the land in Green’s probate land passed down to James & Martha’s children?

To Be Continued!

My research into Green Smith is far from complete. Each time I try to finalize this post, I find something new! I will continue to circle back to Green.

Sources

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