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John Smith (aft. 1712 - bef. 1761)

John Smith
Born after in Rickahock, King and Queen County, Colony of Virginiamap
Ancestors ancestors
Son of and
Brother of
Husband of — married before 1758 in Virginiamap
Descendants descendants
Father of , and
Died before before age 49 in Spotsylvania County, Colony of Virginiamap
Problems/Questions Profile manager: Carol Wilder private message [send private message]
Profile last modified | Created 1 Sep 2014
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Biography

U.S. Southern Colonies Project logo
John Smith was a Virginia colonist.

John was born after 1712 in Virginia. John was the son of Maurice Smith and Elizabeth Bird.

John and his father, Maurice Smith, were among the individuals named as Executors in the will of John's brother-in-law, Henry Young. Henry Young's will was dated 31 October 1749, and reads in part as follows: " . . . Lastly I appoint my living wife Executrix and her father Mr. Maurice Smith and his son John Smith of the county of King and Queen Gent and my son William Young Executors . . ."[1]

John married before 1758 Mary Chew.

John and Mary Chew Smith were the parents of: Larkin Smith, Mary Smith, Elizabeth Smith, Morris Smith and J. Smith (John Smith). Morris Smith is possibly Maurice Smith.

John passed away before the 6th of April, 1761 as Mary Chew posted a bond of 6,000 pounds as administrix of the estate of John Smith ded'd with Larkin Chew and Beverley Winslow acting as her securities.[2]

Mary was appointed " . . . guardian to Mary, Larkin, Elizabeth, Morris, and J. Smith, orphans of John Smith, gentleman with Larkin Chew and Beverley Winslow, security. 6 April 1761"[3] Morris and J. Smith listed as children of John Smith deceased may have died before March of 1770 as they are not listed as children of John Smith deceased in the Deed of Trust dated the 18th of December, 1770 entered into by Mary Chew Smith Towles and her second husband Oliver Towles which set aside land for the children of John Smith and Mary.[4]

Mary Chew Smith's father, Larkin Chew was named " . . . guardian to Larkin Smith, orphan of John Smith gentleman, with Henry Heath and Joseph Brock, security, May 4, 1761."[5]


Sources

  1. ↑ Essex County, Virginia Will Book 8 page 343
  2. ↑ Bond Estate of John Smith: Crozier, William A. Spotsylvania County, 1721-1800 (Fox, Duffield & Company, New York, 1905) Page 60
  3. ↑ Spotylvania County, Virginia Will Book D; citing "Spotsylvania County 1721-1800: Being Transcriptions, from the Original Files at the County Court House, of Will, Deeds, Administrator's and Guardians Bonds, Marriage Licenses, and Lists of Revolutionary Pensioners" Edited by William A. Crozier, F.R.S., Published for The Genealogical Association by Fox, Duffield & Co., NY, page 74.
  4. ↑ Deed of Trust: Spotsylvania County, Virginia Deed Book G (1766-1771) pages 459, 460, 461, & 462; https://familysearch.org/ark:/61903/3:1:3QS7-89GF-RT5X
  5. ↑ Spotsylvania County, Virginia Will Book B, citing: "Spotsylvania County 1721-1800: Being Transcriptions, from the Original Files at the County Court House, of Will, Deeds, Administrator's and Guardians Bonds, Marriage Licenses, and Lists of Revolutionary Pensioners" Edited by William A. Crozier, F.R.S., Published for The Genealogical Association by Fox, Duffield & Co., NY page 74.

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Comments: 10

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Bill Davidson
It appears certain that the John Smith who became the guardian for three Young children was the son of Samuel Smith and Ann Amis named John, versus the son of Samuel’s brother Maurice Smith who was also named John. The referenced Samuel Smith and his son John lived in Essex, versus in King and Queen. When that John Smith in Essex died in 1759, his brother Col. Samuel Smith (married Mary Webb) took over as the guardian. Also, in addition to the three children shown, the John Smith in K & Q and his wife Mary Chew had two additional sons who were named Maurice Smith and John Smith. This is per the manuscript of Jonathan Kennon Thompson Smith (deceased) who spent decades researching this Smith family, using original records.
posted by Bill Davidson
edited by Bill Davidson
Carol Wilder
The Will of Henry Young which was dated 31 October 1749 (recorded in: Essex County, Virginia Will Book 8 page 343), and reads in part as follows: " . . . Lastly I appoint my living wife Executrix and her father Mr. Maurice Smith and his son John Smith of the county of King and Queen Gent and my son William Young Executors . . ."

As to the John Smith and Mary Chew having two additional son's named: Maurice Smith and John Smith, I question this based on the following Deed in which the children of Mary Chew and John Smith are named. Was John Smith married prior to his marriage to Mary Chew and the Maurice Smith and John Smith are from a first marriage? If they were son's of Mary's they would have been named in the deed that set aside land for Mary's children.

Mary and her husband Oliver Towles named the children Mary had by her first husband John Smith. The deed reads as follows: "Decr. 18, 1770. Oliver Towles of Spotsylvania County, Gentleman, and Mary, his wife, to Harry Stubblefield of the same county. In Trust. Whereas, Larkin Chew, Gentleman and Mary, his wife, in right of said Mary, were seized, etc., of a tract of land in Spotsylvania County containing 1042 acres, and by indenture Septr 25,1758 conveyed the said land to Jno. Smith, Gentleman, and Mary, his wife, and their heirs, etc. which said Mary was daughter of said Larkin Chew and Mary, his wife, and whereas since the said Indenture was made, the said John Smith, Gentleman, has died and the said Mary his wife, has intermarried with the said Oliver Towles, and the said Larkin Chew being also dead, the said Oliver Towles and Mary, his wife, in her right and by force of the said Indenture in trust for the use of the said Mary Chew, the mother, and the said Mary Towles, and the said Oliver Towles and Mary, his wife, being desirous to make a settlement to provide for the children of the said Mary by both marriages. This Indenture witnesseth, for carrying said intention into execution, and the love and affection said Oliver Towles and Mary, his wife, bear to LARKIN SMITH, MARY and ELIZABETH SMITH (SON AND DAUGHTERS OF THE SAID MARY TOWLES BY HER FORMER HUSBAND JOHN SMITH), and to the children begotten or to be begotten, between said Oliver and Mary the said Towles and wife deed to said Stubblefield in trust the reversion and inheritance expectant on death of the aforesaid Mary Chew, of and in the said 1042 acres of land. . . .Witnesses, Geo. Stubblefield, Jno. Carthrae, Beverley Sutbblefield, Jas. Minor, Vincent Vass. Decr. 20, 1770".

posted by Carol Wilder
edited by Carol Wilder
Bill Davidson
I fully agree that the son of Maurice Smith named John was the one mentioned in the Will. He was almost certainly not, however, the man who became the guardian of those Young children. The John Smith in K & Q died around 1761 and the related John Smith in Essex died in 1759....and then the brother of this “Essex John” named Samuel became the guardian. I will review the other issue about the two additional children of the John Smith in K & Q and respond again.
posted by Bill Davidson
edited by Bill Davidson
Bill Davidson
Per Jonathan Kennon Thompson Smith’s manuscript, Mrs. Mary (Chew) Smith was named guardian of her children in court in Spotsylvania on April 6, 1761. I can only assume that those two additional sons named in Jonathan’s manuscript (John and Maurice) were included by name in that guardianship record.
posted by Bill Davidson
Carol Wilder
That does not explain the wording in the deed where land is set aside in trust for Mary's children after the death of her mother, and the named Smith children do not include a Maurice or John Smith. If they were the children of John Smith by a previous marriage they would not be legal heirs of Mary Chew Smith. I will try locate my copy of the guardianship document, but I do not recall it including a Maurice or John Smith.
posted by Carol Wilder
Bill Davidson
I agree, but perhaps those two children died by 1770. Please let me know what you find.
posted by Bill Davidson
Bill Davidson
I found the guardian record (very surprising, but I actually found it online). It included “Morris” and John as Mary (Chew) Smith’s sons. This was clearly the source that Jonathan used.
posted by Bill Davidson
edited by Bill Davidson
Carol Wilder
Bill, I went back through all of the records and I did find the same record recorded in Spotsylvania County Will Book B: "4000 pounds Mary Smith, Guardian to Mary, Larkin, Elizabeth, Morris, and J. Smith, orphs of John Smith, Gentl. with Larkin Chew and Beverley Winslow, security, 6 April 1761."

I also found the following changes in Guardians: Guardians Bonds Will Book D Spotsylvania County, "3000 pounds Larkin Chew, guardian to Mary and Elizabeth Smith, orphans of John Smith, Gentleman with Joseph Herndon, William Robinson, and O. Towles, Jr. April 1, 1765"

Guardians Bonds Will Book D "5000 pounds Oliver Towles, guardian to Larkin Smith, orphan of John Smith, gentleman with John Lewis and Joseph Herndon, security, 20th June 1771"

Other than the original guardianship granted to the mother, Mary Chew Smith in 1761, there is no mention of Morris Smith or J. Smith (John Smith). I have to wonder if they were deceased by the time their mother married Oliver Towles.

Based on the following document, it appears that Larkin Smith was the oldest son of John and Mary Chew Smith: Spotsylvania County, Deed Book J, 1774-1782: "5 August 1778 Oliver Towles of Spotsylvania County, Gent.and Larkin Smith of same county, Gent. Whereas, the said Oliver Towles is now seized and possessed of 13 slaves, etc. in right of his wife Mary, as her Dower in slaves of her former husband, John Smith, Gent. dec'd, the reversion and inheritance in which are vested in the said Larkin Smith, eldest son and heir of the said Jno. Smith, etc. said Oliver Towles releases to the said Smith all dower of the said Mary, in 8 of the said slaves, the said Smith releases all his right in the remaining 5 slaves, also giving the said Towles a negro man named Cato, etc. Witnesses, Larkin Stanard, Reubin Staughan, Thomas Towles, James Trigg, Jno. Davenport. 17 Sept. 1778.

There is also a similar document on behalf of Thomas Towles husband and his wife Mary. I have not found anywhere in the deeds, similar documents for a Morris Smith or John Smith, as children of John Smith or as grandchildren of Larkin Chew receiving their share of their grandfather's estate.

I have documents that I had not added to Mary Chew's profile which I will try and add today or tomorrow. I take my information from the county court records and where I can find them parish records, and I did find a newspaper article on the death of Mary Chew Smith Towles. I do not take my information from family trees, such as Ancestry, Geni, etc.

posted by Carol Wilder
edited by Carol Wilder
Carol Wilder
The guardian's bond for John Smith as guardian of Mary Young, Fanny Young, and John Young is dated 17 July 1750, a time when John Smith was still living. Another guardian would certainly have been appointed after the death of John Smith in 1761.
posted by Carol Wilder
Bill Davidson
I just realized that something seemed “off” concerning the parents of the Young children for whom John Smith became the guardian. Those children were actually children of John Young and Mary Smith, not the children of Henry Young and Rachel Smith. John Young and Henry Young were brothers. That Mrs. Mary (Smith) Young was a daughter of Samuel Smith and Ann Amis, and Mary was a sister of the John Smith who became the guardian of three of her children. When that John Smith died in 1759, his brother Samuel Smith “Junior” became the guardian. As shown, one of those three children was named Mary Young, but Henry Young and Rachel Smith had no daughter named Mary.
posted by Bill Davidson
edited by Bill Davidson

Rejected matches › John Smith (abt.1710-)

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Categories: Virginia Colonists