John Smith
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John Smith (1683 - bef. 1748)

John Smith
Born in York, Virginiamap [uncertain]
Ancestors ancestors
Son of and [mother unknown]
Brother of [half] and [half]
Husband of — married 1709 in Chowan, North Carolinamap
Husband of — married 1736 [location unknown]
Descendants descendants
Died before before age 65 in Hyde County, North Carolinamap
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Profile last modified | Created 21 Jul 2011
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John Smith was a North Carolina colonist.

Research Notes

Caution: This profile may conflate two or more men named John Smith.

There does not seem to be any evidence that John Smith III is son to John Smith of York County, Virginia. There were a number of Smiths that lived in Pasquoatank Precinct as well. This is being researched.

Per the following May 2020 update, one John Smith has documented evidence of a marriage to Ann Slade. That documentation NEEDS to be on this profile. Per the existing "Biography" of this profile, one John Smith had a wife Ann named in a Chowan County deed in 1713, supported by documentation...This profile appears to have been created 21 July 2011 to represent the father of attached son John Smith, b. about 1710 in Chowan, North Carolina, but through numerous changes, appears to have been conflated with another John Smith, Senr, Esq. (See: March Update 2024. H. Kleine)

Many of the children now attached to this profile, appear to be derived from the 1748 will of John Smith, Senr., Esq. of Hyde County, NC., who's named sons were all born after 1727/8, per his will, which indicted all sons were under age 21 years. He left a widow named Mary. This family has a fair amount of primary source documentation. (See: March Update 2024. H. Kleine)

May 2020 Update-

Given the documented evidence that John Smith was first married to Ann Slade, and she was the mother of all their children; what to make of the extensive legacies that John Avery left to each and every one of John Smith's children and grandchildren? John had remarried after the death of Ann a woman named Mary. Originally I was thinking Mary must be a daughter of John Avery but there is no evidence for this. What is more plausible is that this John Smith is a natural son of John Avery. This provides one reason Avery expected his present wife to challenge the will, and for which he made contingent provisions. It is also a possibility that Avery was first married to the mother of John Smith,Sr. which would make John his stepson. In colonial legal terminology the term father-in-law or son-in-law was broadly used to include stepfather and stepson, etc.[1]

March Update 2024 by H. Kleine
The cited will of John Smith, Senr, Esq., of Hyde County, Province of North Carolina, dated 17th December 1748, clearly indicates ALL of his sons were minors when his will was made. While he does appear to be the John Smith, Sr. named in the will of John Avery, dated 27th October 1740, the assumption that he was an illegitimate son of John Avery, is in NO way supported by documentation. It appears John Avery may have been step-father to brothers William and John Smith, and possibly others, by the will of William Smith "of Pasquotank" which names his wife and two children John and Lydia. He left a legacy to his daughter Lydia, in the hands of his "father-in-law" John Avery, the legal terminology commonly used to represent a step-father in 1719/20. William Smith makes no indication John Avery is the father of his wife Elizabeth. He names his wife, his brother John Smith, and another man, as executors. In fact, the 1740 will of John Avery, makes no mention of a daughter named Elizabeth, or issue thereof, while naming apparent heirs of William of Pasquotank and John Smith of Hyde. Given that William Smith's will was not probated until 1734, it is possible she was the widow Elizabeth Smith bequeathed two steers by Avery's will.

The will of John Avery appears to have been misinterpreted in other ways, placing the named John Smith, Junr. as the son of John Smith, Senr. While it is a common fallacy to place a junior as the son of a senior, this often was not the case, and they were otherwise related, or not at all. Ex: Two same named men in the same town, one older, one younger, or cousins, or an uncle and nephew, etc. However, it does appear the John Smith, Sr. and John Smith, Jr. in this instance may have been related, because we do see these two men being granted administration over the estate of neighbor Gilbert McNary together at June Court 1747. An interesting notice in the will of "MacNary" is he gave us careers of John Sr. & Jr., aside from Esq., he styled John Smith, Sr, a Shipwright, and John Smith, Jr., a Chapman (the Olde English term for merchant). We also see John Smith, Junr. in Court minutes, returning his own "list of tythables" along with the "list of tythables" made by John Smith, Senr. Hyde Co Court Order Book 1744-1761. image 108/762.

BUT, in this instance, John Smith, Jr. CANNOT be the son of John Smith, Sr., who's 1748 will dates the births of ALL of his sons, including his son John, at or after 1728. The 1740 will of John Avery names Dorcas Smith as a daughter of John Smith Junior, which indicates the younger Smith was old enough to have married (she was incorrectly attached to John, Sr.).

By September 1747, likely earlier, there were 3 men named John Smith being recorded as gentlemen of the Court in Hyde County. They were being differentiated as John Smith, Senr, Esq.... John Smith, Junr., Esq....and John Smith, Cooper, Esq.See that here: Hyde Co Court Order Book 1744-1761. image 109/762. This differentiation remains fairly consistent. Here they are again in September 1748, on a list of those who have returned their tythables taken...John Smith, Senr, Esq.... John Smith, Junr., Esq....and John Smith, Cooper, Esq. image 116/762 (bottom right-hand page).

The following record, from a few years earlier, "may" shed some light on the relationships in John Avery's 1740 will, which named John Smith, son of William Smith, deceased, a widow Elizabeth Smith, and two women named Lydia...

On 1st June 1742 John Smith, Esq. made a deed of gift to his sister Lydia Russell, both of Hyde County, for 200 acres on Charles Smith's line running to the land of Mr. Avery. This deed was witnessed by John Smith Senr. and Edward Hadley. Hyde DB A, #121. (This appears to be the son and daughter named in the will of William Smith of Pasquotank)

Hyde County Sept Court 1745

"John Smith Junr moved ye Court for Letters of Administration Upon ye Estate of Elizabeth Smith mother of ye S'd John Smith Granted ye s'd Smith having given in bond of two Hun'd pound Aron Tison & Fran' Kipps secu' Ordered that ye s'd Secu' have had notice thereof." Hyde Co Court Order Book 1744-1761. image 98/762. (This appears to be the son of William Smith of Pasquotank)

There again, if you read the above two pages, you'll see Samuel Sinclair, Esq. being summoned to Court to give an accounting as guardian of Jno Smith, Jr, son of John Smith, dec'd. On the following page we see that Sinclair is continued in his guardianship, so we know this John Smith is still a minor...shew. Also, John Smith, Senr. returns a list of tythables by him taken, and John Smith, Junr. returns the inventory of his mother's estate.

At the March Court of 1749, we see the following....

"The Last Will and Testament of John Smith Senr Esq was Exibited into Court by Mrs Mary Smith Widdow and...of the dec'd and was proved by Jonathan Jasper Catherine Jasper and Uriah Collins the three subscribing Evidences And the afores'd Mary Smith was qualified as Exr' of and to the said will Ordered that the Sur's have notice thereof" Hyde Court Order Book 1744-1761. image 118/762.

The will of John Smith, Senr, Esq. was dated 17th December 1748 and proved during the March Court of 1749. He named his wife Mary, sons William, Thomas, Benjamin, John, Samuel, and daughters Elizabeth and Martha. He indicated all of his sons were under the age of 21 and named his wife Mary and son Thomas as executors.

On 2nd March 1751, Thomas Cartwright of Pasquotank sells all his interest in John Avery's land in New Currituck to John Smith of Hyde. Hyde DB A, #393-394.

Thomas Smith (son & executor of this John Smith, Senr.), Benjamin Russell, & Dinah Smith, widow, sold their interest in John Avery's land by deed dated 2nd Dec 1751. Lydia Smith m. Benjamin Russell. [2] Hyde DB A, #375. Dinah Smith was the widow of John Smith, Esq. Junr., who died intestate in June 1751. She and her second husband, William Cording, administered John Smith's estate. She was again named as Dinah Cording, in a 9th September 1767 quitclaim deed from her son William Smith, eldest son and heir at law of John Smith, who died without a will, making good the 1751 sale his mother had made to Sabastian Silverthorne and recovering the bond she had given Silverthorne.[2]

Mary Smith, widow of this John Smith, Senr., Esq., named Thomas Smith as her son, in a deed of gift dated 24th December 1753 in Hyde County.Hyde DB A, #446.

Thomas Smith is thereafter identified as the eldest son of John Smith, Senr., Esq., when on 2nd December 1760, Thomas Smith, shipwright, of Hyde County made a quitclaim deed to his younger brother Samuel Smith, also a shipwright of Hyde County. Although the date of their father's will is off a bit, therein given as 19th December, there is no mistaking the description of land in this record, as the land John Smith, Sr, Esq. had bequeathed to his son William, stipulating in the event of William's death, without issue, it was to go to his son Samuel Smith. As executor of his father, and eldest son, when no record of a patent or quitrent receipt was found, Thomas Smith patented his father's land in his own name, and was hereby giving it with clear title to his brother, as specified by their father's will, indicating William Smith was dead without issue. Hyde DB A, #760.

On 1st April 1762, Thomas Smith, shipwright of Hyde County, made a similar deed to his brother Benjamin Smith, again citing the will of their father, deeding 50 acres of land for the sum of 5 pounds bequeathed to Benjamin if he reached the age of 21 years, which had also been patented in Thomas' name for the afore said reasons.Hyde DB B, p. 42.


There are numerous additional primary sources available for the above family of John Smith, Senr, Esq., and more research that should be done, when these men are no longer conflated...

Biography

John Smith : Birth 1683 York, Virginia?? No evidence for this.

Prior to moving to the Chowan Precinct area, John Smith may be the same as named in the following court records, which by the reading indicate he had left Currituck Precinct and was in Pasquotank Precinct in 1706. This may also be his father. Likewise it could be no relation whatsoever.

Oct. 10th 1706 - No. Carolina Ss. To the honorable the Generall Court etc. Joseph WICKER Assignee of James CROSS is plaintiff against Jno. SMYTH late of the precinct of pascotanke Defendant in a plea of Debt and Sayes that the Defendant Stands Justly Indebted to the plaintiff qualified as aforesaid in the full and Just Summe of Thirty one pounds Sterling payable in porke Tobacco Hides or Tallow at the Markett price of Corratuck to be paid and Delivered at the Landing or Storehouse of Mr. Joseph CHASE and company in the precinct of Corratuck as in and by one Certaine writeing obligatory under the proper hand and Seale of the Defendant beareing Date the 30th of Augt. 1705 and here into Court brought relation being thereunto had doth and may more fully and at large appeare Nevertheless the Said Defendant the Said Summe of Thirty one pounds in manner aforesaid to the plaintiff hath not rendred tho’ often there unto requested but the same doth Still refuse to render to the plaintiffs Damage Sixty two pounds Sterling and thereupon he brings this Suite and prayes Judgement for the Same with Costs of Suite and Shall pray etc.
15th Octo. 1706 - No. Carolina Ss. To the provost Marshall or his Deputy. These are in her Matyes name to will and require you to Arrest the body of Jno. SMYTH late of the precinct of pascotanke and him Safely hold Soe that he be and appeare at the next Generall Court to be holden at the house of Capt. Jno. HECKLEFIELD in Litle river on the last Tuesday in this Instant Octob. Then and there to Answer the plaint of Joseph WICKER Assignee of James CROSS in a plea of Debt and have you there this writt Dated at the Secretarys Office the 15th day of Octo. Anno. Domini 1706.
Joseph WICKER Assignee of James CROSS Comes by Thos. SNODEN his Attorney to prosecute his Suite against Jno. SMYTH in a plea of Debt and Sayes that the Defendant Standes Justly indebted to the plaintiff quallifyed as aforesaid in the Full and Just Summe of thirty one pounds Sterling payable in porke tobacco Hides or Tallow at the Markett price of Corratuck as in and by a Certaine writeing obligatory under the proper hand and Seale of the defendant beareing date the 30th of Augt. 1705: hereinto Court brought doth and may appeare Nevertheless etc. and the defendant by Edwd BONWICK his Attorney Comes and pleads non est factum and the plaintiff for want of his evidences prayes a reference to the next Court which is Granted and then the denfendant Comes and Craves Leave to recall his former plea and Confesses Judgement for three pounds Fourteen Shillings and four pence being the balance of said bond according to Specialty. Ordered that the said SMYTH pay unto the said WYCKER the aforesaid Summe of three pounds Fourteen Shillings and four pence according to Specialty with Costs alias Execution.[3]

One John Smith is documented living in Chowan Precinct by the following conveyances. The land described in these records is on the east side of Chowan River and two others were situated between the Cashie and Roanoke Rivers. It is about forty miles from the Pungo River. This is most likely the John Smith that married Ann Jasper.

John Smith and wife Ann to Thomas Pollock. 100 acres on southwest side of Chowan River; January 23, 1712/1713. Test. Edward Smithwick Thomas Kirby.[4]

Lords Proprietors to John Bentley April 5, 1722. Grant 300 acres in Chowan Precinct at Roquess (Rocquist) Swamp adjacent Cullen Pollock, James Williamson, John Smith. "due for the importation of six persons.." Signed Thomas Pollock. Recorded in Secretry's Office J. Lovick Secretery. John Blount, Rich Sanderson, Thomas Pollock, June ...[5]

Land Record Chowan Precinct, North Carolina dated June 4, 1722 Lord Proprietors to John Bentley, Grant of 300 acres in Chowan Precinct at Rocquist Swamp adjacent Cullen Pollack, James Williamson, John Smith, due for the importation of six persons, signed Thomas Pollack, recorded in the Secertary's office, J. Lovick, Secretary John Blount, Richard Sanderson, Thomas Pollack, June ______ (Deed Book E-509) [6]

John was an executor to the 1740 will of John Avery.

John Avery, Hyde County. October 27, 1740. Wife Jane, Martha Smith, Agnes Slade wife of Ebenezer Slade, Thomas, William and Samuel Smith, sons of John Smith, Sr., Lydia Russell wife of Benj. Russell,Elizabeth Smith widow, Elizabeth Smith daughter of John, Dorcas Smith daughter of John, Dorcas Worldly, John Smith son of John, Sr., James Avery,Gilbert McNary, cousin Kezia Hadley, Elizabeth Collins daughter of Uriah Collins, Foster Jervis, John Smith son of William, Lydia Cartright; James Avery of Virginia, Jno. Smith, Sr., and Jr., and Foster Jervis executors. Test, Uriah Collins, William Silvester, William Giddens[7]


John acquires a 500 acre grant of land on the south side of Pamlico Sound on Oyster Creek in 1746. This is land later devised to son Samuel.[8][9]

Read the Petition of John Smith Shewing that he is Grantee of a Tract of Land lying in Hyde County on the South side of Matchapungo river and upper side of Slades Creek which was formerly Conveyed from Colo Carey deceased to Benjamin Dutlon Cleves Deceased by Deed as appears on Record in this Government. But the bounds of the said Tract being somewhat doubtfull and uncertain He humbly prayed a resurvey agreeable to the aforesaid Deceased. Granted and Ordered that the Surveyor General do cause a resurvey to be made accordingly and return the same to this Board[10]

John Smith wrote his will on March 7, 1748 and it was recorded on December 17, 1748. He devises to son William, lands on Matchapungo River and Slade's Creek; sons Thomas, James, Benjamin, and John plantations to each;son Samuel land known as Mouse Harbor;mentions daughters Martha and Elizabeth.Wife and Executrix is Mary. Witnesses are Jonathan and Catherine Jasper, Uriah Collins.[11]

Sources

  1. Colonial Legal Terminology
  2. [1] 9 Sept 1767 Quitclaim Deed from William Smith, eldest son & heir at law of John Smith, dec'd, intestate in June 1751, to Sabastian Silverthorne, in exchange for the bond Dinah Smith (now Cording) gave Silverthorne dated Dec 1751 for the sale of John Smith's interest in Avery's land. Wits: Martha Smith, William Cording. Hyde DB B, p. 251.
  3. http://www.ncgenweb.us/currituck/court/highercourt1706.html
  4. Hathaway's North Carolina Historical and Genealogical Register, Volume 1 page 102
  5. "Colonial Bertie County, North Carolina, Deed Books A-H 1720-1757", by Mary Best Bell, page 144 Deed Book E, page 509
  6. https://www.genealogy.com/ftm/b/e/n/Katy-Bentley/WEBSITE-0001/UHP-0882.html
  7. Abstract of North Carolina Wills Compiled from Original and Recorded Wills page 13
  8. http://www.nclandgrants.com/grant/?mars=12.14.31.222&qid=527324&rn=11
  9. http://www.nclandgrants.com/grant/?mars=12.14.31.474&qid=527324&rn=12
  10. [https://docsouth.unc.edu/csr/index.php/document/csr04-0253 Minutes of the North Carolina Governor's Council March 05, 1747 - March 24, 1747 Vol 4, Page 852]
  11. Abstract of North Carolina Wills Compiled from Original and Recorded Wills by Grimes page 346

http://digital.ncdcr.gov/cdm/compoundobject/collection/p16062coll41/id/5712/rec/62





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DNA Connections
It may be possible to confirm family relationships with John by comparing test results with other carriers of his Y-chromosome or his mother's mitochondrial DNA. However, there are no known yDNA or mtDNA test-takers in his direct paternal or maternal line. It is likely that these autosomal DNA test-takers will share some percentage of DNA with John:

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Comments: 1

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Are there any male descendants who have taken the YDNA test? Do we have any YDNA proof that Avery was the original surname?

Thank you Jim

posted by Jim Bass Jr.