Born in Virginia
Ancestors 
Daughter of James Gilbert
[uncertain]
and Mary (Smoot) Gilbert
[uncertain]
Wife of
Thomas Durham Sr
— married
[date unknown] [location unknown]
Wife of
Jeremiah Greenham
— married
Feb 1714 [location unknown]
Descendants 
Died after
after age 61
in North Farnham Parish, Richmond, Virginia, British Colonial America
Profile last modified
| Created 31 Dec 2016
This page has been accessed 2,290 times.
Contents |
Biography
Children baptized at North Farnham Parish Church, born to Thomas + Dorothy Durham:
- Mary Durham b. 5 Jun 1686, d. after 1743 [1]; m. Thomas Dodson, Robert Galbreath
- Thomas Durham Jr, b. 27 Jun 1690, d. 1734 [2]; m. Mary Smoote
- John Durham b. 23 Nov 1698, d. 1722 [3]
Dorothy was born in Virginia about 1663, based on Dorothy being about 41 years in 1704 when she gave the following deposition:
- "Dorothy Durham aged about 41 years says that sometime before James Gilbert’s death, being in company of said Gilbert and William Smoote, amongst other discourse, she heard said Gilbert say to said Smoote that he did not know that there was any Resurrection or not, and that had made a will to John Mills, but that it signified nothing, and that your deponent did, several times, hear the said Gilbert say that John Mills was a rogue and that he nor any of his should ever be the better for what he had. Signed Nov. 2, 1704 – Dorothy (P her mark) Dureham" [4]
Dorothy was married to Thomas Durham Sr. by 1685, as daughter Mary Durham was born the 5th of June 1686; and their son Thomas Durham Jr. was born 27th June 1690; and their son John Durham was born the 23rd of November 1698. [5]
- These are the only children of Dorothy and Thomas Durham Sr. who survived to adulthood.
Dorothy and Thomas Durham Sr.'s, son Thomas Durham Jr. married sometime before 1711, Mary Smoot, the daughter of William Smoot and his wife Jane. Mary Smoot's oldest three children, Margaret, Joseph and Sarah Durham and her husband Thomas Durham Jr. are named in the will of her father William Smoot. [6]
Dorothy and Thomas Durham Sr,'s daughter Mary Durham married Thomas Dodson sometime before 1702. [7]
Dorothy's husband Thomas Durham Sr. died sometime after the 4th of August 1711 when he wrote his will and before the 1st of June 1715 when his will was proved in court in Richmond County, Virginia. [8]
Dorothy re-married by 1715 to Jeremiah Greenham. Dorothy's sons John and Thomas sued Dorothy, and the court awarded custody of John (who was a minor) to his brother Thomas and also awarded John his share of his father's estate.
Dorothy's son John Durham died on the 23rd of September 1722 in North Farnham Parish, Richmond County, Virginia. [9]
Dorothy's exact date of death is unknown, but it is believed she died sometime after February 1725, as Dorothy is left the following bequest in the 9th of February 1725 will of her niece Ann Chinn Fox Chichester, (daughter of Alice Chinn):
- ". . . Item - I give to my Aunt Dorothy Greenham, wife of Jeremiah Greenham of Richmond Co. Plantu, my suit of silk crape clothes and a suit of muslin head clothes - with apron, rufels and . . . Item - My will and desire is that my Mulatto girl name Mary which is now in possession of Jeremiah Greenham and my aunt Dorothy Greenham his wife remain with my Aunt Greenham until the said mulatto girl Mary shall rise to the years of twenty and one . . . " [10]
Marriages
Dorothy was married twice:
1st—Thomas Durham, Sr. before 1686, perhaps at Farnham, Richmond, Virginia
- Children: (The first three baptized at North Farnham Parish Church) [11]
- Mary Durham b June 5, 1686, d after 1743; mar Thomas Dodson, Robert Galbreath
- Thomas Durham Jr. b June 27, 1690, d 1734 mar Mary Smoote
- John Durham b November 23, 1698, d 1722
2nd—Jeremiah Greenham married February, 1714 [12]
Abstract of the Will of Thomas Durham Sr.
- Richmond Co VA DB 3, p.57 2 Aug 1700 William Smoot, Sr. of North Farnham Parish to Dorothy Durham, wife of Thos. Durham; for love and affection for Dorothy and her children, 62 acres in Richmond. If Dorothy should die, land goes to her eldest Thomas Durham; if Thomas should die, to John Durham, if he should died without issue, land to Mary Durham dau of sd Dorothy. Jane Smoot, wife of William, relinquished dower.[12]
Article by Michele Ulle
The following discussion of Dorothy Durham is excerpted from a 1998 article on the Durham family by Michelle Ule:
"Somehow a Thomas Durham got to Virginia, whether as a child or on his own, we don't know. He planted tobacco in Richmond County and owned land. At some point before 1686, he married a woman named Dorothy, whom many genealogists believed was the daughter of William Smoot. Contrary evidence, however, shows Dorothy Durham and her two sisters Alice Chinn Stretchley and Thomasin Marshall Goodridge were more likely the daughters of one Mary Gilbert, widow.
"The primary historical connection between William Smoot Sr. and Dorothy Durham is the granting of land in 1700. On August 2, 1700, William Smoot Sr.: for love and affection for Dorothy Durham, wife of Thomas Durham, and her children, deeded sixty-two acres of land entailing it upon their eldest son Thomas Durham Jr., their second son, John Durham and their eldest daughter, Mary Durham; he provides if all of these children deceased the said land was to descend to the fourth, fifth and sixth child of the said Dorothy Durham and if all the aforementioned children of Dorothy Durham deceased, said land to descend to Ann Fox, wife of William Fox, Gentleman, of Lancaster County.
"The property was given to Dorothy Durham and her three children "for love and affection". The land was "entailed" to the children: eldest son to second son to daughter. According to the Oxford English Dictionary, entail means "to settle on a number of persons in succession so that it [an estate] cannot be bequeathed at pleasure by any one possessor". The Encyclopedia Britannica explained that in entailed property, the inheritance was "confined to the heirs of the body". By entailing the gift property to Dorothy Durham and her children, Smoot appeared to be ensuring the property stayed specifically within her family. Note the property was not assigned to Thomas Durham Sr., at all. This coupled with the notations about love and affection, seemed to indicate Dorothy was at least a relative, and many supposed she was his daughter.
"Ann Fox, to whom the land would revert if no Durhams survived, was Dorothy Durham's niece, the married daughter of her sister Ann Chinn Stretchley. Ann Stretchley had other children who apparently were overlooked in this potential gift. It is not clear if Thomasin Marshall Goodridge had any children at the time of the deed.
"In the Smoot gift, Jane Smoot is listed as waiving her dower rights [Internet comment from Steve Smoot]. The Oxford English Dictionary defines dower as '1. the portion of a deceased husband's estate which the law allows to his widow for life. 2. The money or property which the wife brings to the husband'. Customarily, when a woman waived her dower rights, she was agreeing not to expect the property to become hers when her husband died. But what if, in this case, Jane was waiving rights to property she brought into the marriage which her husband was then assigning to members of Jane's natal family? Perhaps Dorothy Durham and her sisters were children of Jane's sister? And perhaps Jane's sister was Mary Gilbert?
"These questions are not answerable at present. We do know, however, that Dorothy Durham's son Thomas Durham Jr. married William Smoot's daughter Mary about 1710. Mary Smoot, however, would have been a seven year old child in 1700, so her future relationship with Dorothy Durham really isn't germane here.
"In 1707, William Smoot deeded Thomas and Dorothy Durham another fifty acres (Deed Book 4, page 109, 111). That same year, on April 26, Mary Gilbert deeded the Durhams 50 acres of land 'adjoining William Smoot's' gift, according to Shirley Corbari in The Guio-Dodson Family. The property was described in the deed book as being upon a branch of Farnham Creeke called and knowne by the name of the Buory Swamp, containing by estimation fifty acres, now in the tenure and occupation of William Wright. The deed was signed, sealed and delivered in the presence of William Smoot and Mil. Walters. Miles Walters witnessed Thomas Durham's will eight years later, so perhaps he was a neighbor. Mary Gilbert obviously was acquainted with William Smoot.
"William Smoot Sr. died in 1716; his will named his wife Jane, son-in-law Thomas Durham and three grandchildren: Margaret, Joseph and Sarah Durham (the only three Durham children born at the time of Smoot's death). The fact his will made no mention of the sisters Dorothy, Alice and Thomasin (Dorothy and Thomasin were still alive) would indicate they probably were not his daughters.
"Jane Smoot died in North Farnham Parish on October 4, 1726. Alice was born about 1665 and married John Chin (16??-1692)[Corbari] by whom she had three, possibly four children as named in her 1701 will: Ann Fox(1682-1729), Catherine Heal, Rawleigh and possibly Jno. Chin. Her second husband was John Stretchley, Gentleman (ca 1649-1698).
"Alice's August 29, 1701 will is confusing in regard to relationships and lists them as follows: daughters Ann Fox and Catherine Heal; sister Dorothy Durham; cousin Mary Dodson; son-in-law Capt. William Fox; Ann Fox's father, Jno. Chin; Ann Fox's father-in-law Jno. Stretchly; son Rawleigh Chin; sister Tomazin Marshall". [Lancaster Co. VA Inventories and Wills 1690-1709, vol 8, p. 105] Dodson family historian Glenn Gohr pointed out seventeenth century people sometimes defined relationships differently than we do in the present. In this case, Mary Dodson was Alice's niece, not her cousin. This is interesting in light of the reference to "Ann Fox's father, Jno. Chin", a man who is believed to have died several years before and then been succeeded by John Stretchly. Stretchly is described as Ann's father-in-law in the will, but he actually was her step-father. Alice left something to Jno. Chin, so perhaps he was her son, not her ex-husband.
"Thomasin Marshall Goodridge is believed to have been born about 1667. She is thought to have married Abraham Marshall, who owned land in Richmond County which eventually came into the possession of the Durhams. (And they sold it in 1723 to Thomas Dodson Sr.). It is not clear when Marshall died, but at some point after 1701 Thomasin married William Goodridge.
William Goodridge signed his will on May 12, 1713 and it contained the following provisions: named Thomasin wife of William; to son William all land in Lanc. Co., which I bought of Richard Alderson and John (Buxton); other chil. Moses and Elizabeth; desires Mr. Rawleigh Chinn to have the care of the three chil. until age 21; ex: fr. Rawleigh Chinn; wits: none given, but prov. By the oaths of Dorothy and Thomas Durham (Sr.). [Wills of Richmond County, VA 1699-1800] Rawleigh Chinn was Alice Chinn Stretchley's son and thus a cousin to Goodridge's children (Interestingly, the Rawleigh name appeared for generations afterwards in the Dodson family). The children, thus, probably were Thomasin's children as well. The Durhams provided an oath certifying the will; they were Goodridge's sister-in-law and brother-in-law. The familial relationship is further explained in a reference to "Aunt Dorothea" in Rawleigh's sister Ann Chinn Fox Chichester's 1725 will. (The IGI lists Dorothy Durham's death as 1716, but the 1725 reference suggests she must have lived at least that long).
"This lengthy discussion of Dorothy Durham's sisters is to explain in part why she is not believed to be William Smoot's daughter. Neither Dorothy nor her still-living sister Thomasin were mentioned in Smoot's 1715 will, though Dorothy's Durham grandchildren (the children of Smoot's daughter Mary Smoot Durham) were included. Mary Gilbert, described as a widow in an indenture she signed to Thomas and Dorothy Durham, is believed to be Dorothy Durham's mother instead. The aforementioned indenture, signed April 26, 1707, gave fifty acres of land to Thomas and Dorothy Durham and their heirs.
"Mary Gilbert probably was married to James Gilbert, though we do not know if he was the father of her daughters. Virginia Colonial Abstracts, Richmond County, Records 1704-1724, compiled by Beverly Fleet, lists a series of depositions made about James Gilbert. Among those testifying were Dorothy Durham (age 41 years in 1704) and William Smoot.
The depositions appear to be about James Gilbert's will which someone was contesting. Gilbert is portrayed as an irreligious, hunting-loving man at odds with his wife and some of his neighbors. He had told witness Ann Kelly "he had not the sense to make a will" and she saw James Gilbert "count 15 head of Cattle for fourty". He apparently died of burns between New Year's Day and November of 1704.
"According to her deposition, Ann Kelly was a servant to Thomas "Dierham" (Durham) and Mary Gilbert was staying with the Durham family on New Year's Day 1704. Durham sent Kelly to fetch Gilbert to the Durham home and along the way he stopped and complained that John Mills (a neighbor) was the cause for the problems James was having with his wife. According to the depositions, Mills had written a false will for Gilbert and after leaving 20 shillings for Mrs. Gilbert, assumed the rest of the estate for himself. The Gilberts had a servant of their own, Thomas V. Longdale, who was set free by the alleged will at Gilbert's death. The records do not record how the suit was finally settled.
"Curiously, neither Mary nor James Gilbert were mentioned in Alice Chinn Stretchley's 1701 will, though they both were alive at the time. We don't know when Mary Gilbert died, but Thomas Durham Sr. signed his will on August 4, 1711. He made two references to land conveyed by Mary Gilbert:
"Item. I give and Bequeath unto my Dear and Loving wife Dorothy Durham the use of my Plantations, together with all my Lands and Tenements with all and Every of their Appurtenances--Profits and Commoditys ----Belonging or appertaining for and During the ----of her natural Life and afterher Decease if my Son Thomas Durham and Mary his wife do by some sufficient instrument in writing under their hands and seals and affording to due forme of Law Release and Acquitt all and singular their Right ,title and Interest in and unto Fifty acres of Land being the same Tract & Plantations which we had conveyed us by Mary Gilbert unto my son John Durham and his heirs or pay him the said: John Durham Eight Thousand Pounds of Tobacco in Lieu of His said Land and also pay unto my Daughter Mary Dodson Fifteen hundred pounds of Tobacco that then and upon this consideration-----aforesaid: I do give and bequeath unto my said son Thomas Durham and his heirs Lawfully Begotten and for want of such issue unto my son John Durham and his heirs Lawfully Begotten and for want of such issue unto my GrandSon Thomas Dodson and his heirs. But if my said son Thomas Durham doth refuse and will not release the said fifty acres of Land nor pay the Tobacco aforesaid: I do will and Bequeath the said Plantation whereon I now dwell with all my Lands unto my son John Durham and his heirs---
"Item. I give and Bequeath unto my Son John Durham Fifty acres of Land more or less being the Plantation with all the Tract and Parcell of Land that was Conveyed us by Mary Gilbert, to have and to hold the said Tract and Parcell of Land with the appurtainances unto my said son John Durham and his heirs Lawfully begotten and for want of such issue unto my GrandSon Thomas Dodson and his heirs-
"The will appears to be talking about the same fifty acres of land indentured to the Durhams by Mary Gilbert in 1707. It apparently was a nice plantation if Thomas and Dorothy Durham had moved into the house by the time of Thomas' death! Thomas Durham also seemed determined to ensure the property stayed within the family, assigning the plantation to second son John if oldest son Thomas Durham Jr. did not follow the instructions laid out by the dying man.
"Thomas Durham Sr.'s assigning the property to oldest grandson Thomas Dodson Jr., also indicated the older man was trying to keep the property in the family. This would seem to imply Mary Gilbert probably was a family member. All that being said, Mary Gilbert probably was Dorothy, Alice and Thomasin's mother. Whether their father's name was Gilbert, or perhaps a Thomas with another surname (to explain Thomasin's unusual name) is simply unknown."
Research Notes
Dorothy, wife of Thomas Durham and mother of his three youngest children, was the daughter of Mary (Smoot) Gilbert, youngest sister of William Smoot. This relationship is based on speculation as there is no documented proof of this relationship.
It was often speculated that Dorothy was a daughter of William Smoot Jr., who was actually Dorothy's maternal uncle. William Smoot Jr. conveyed property to Dorothy Durham in 1700 "with love and affection." Based on the various records there does appear to be a family relationship of some type. The relationship between Dorothy and William Smoot is based on speculation as there is no documented proof of the relationship.
Various records prove that Dorothy Durham, Thomazin Goodridge, and Alice Chinn were all sisters [13] However, the women are only recorded by their married names. The maiden name has not been proved.[14]
William Smoot was the executor of the estate of Elizabeth Grady. The will written on March 10 1693/94 by Elizabeth Grady and probated on Nov 4, 1702, leave Mary Smoot (daughter of William Smoot) all of Elizabeth Grady’s land. The witnesses to Elizabeth Grady's will are Thomas Durham, Richard Draper and John Rankin. Elizabeth Grady's will was proved by oaths of John Rankin and Thomas Durham.
The question of Elizabeth Grady's identity and her relationship to William Smoot has implications as it appears that there is a family relationship between Elizabeth Grady and William Smoot. Could Elizabeth Grady be the mother of William Smoot?[15]
It is now known that Dorothy, wife of Thomas Durham and mother of his three youngest children, was the daughter of Mary (Smoot) Gilbert, youngest sister of William Smoot.[16]
Mary Smoot, the daughter of William Smoot Jr. and first cousin of Dorothy, married Thomas Durham Jr., (the son of Thomas Durham Sr. and Dorothy), and Mary's first cousin once removed.
Sources
- ↑ "Virginia Births and Christenings, 1584-1917," database, FamilySearch (https://familysearch.org/ark:/61903/1:1:VRRH-4Y9 : 10 February 2018), Thomas Durham in entry for Mary Durham, ; citing , reference ; FHL microfilm 975.523 V2K.
- ↑ "Virginia Births and Christenings, 1584-1917," database, FamilySearch (https://familysearch.org/ark:/61903/1:1:VRR4-F48 : 10 February 2018), Thomas Durham in entry for Thomas Durham, ; citing , reference ; FHL microfilm 975.523 V2K.
- ↑ "Virginia Births and Christenings, 1584-1917," database, FamilySearch (https://familysearch.org/ark:/61903/1:1:VRRD-G8H : 10 February 2018), Thomas Durham in entry for John Durham, ; citing , reference ; FHL microfilm 975.523 V2K.
- ↑ Richmond County, Virginia Miscellaneous Record Book, page 27
- ↑ page 56, The Registers of North Farnham Parish 1663-1814 and Lunenburg Parish 1783-1800 Richmond County Virginia, Compiled and Published by George Harrison Sanford King Fellow, American Society of Genealogists Fredericksburg, Virginia, 1966.
- ↑ Wills of Richmond County 1699-1800 by Robert K. Headley, Jr., 1983 Genealogical Publishing Co., Inc., Baltimore, Maryland
- ↑ The Dodson (Dotson) Family of North Farnham Parish, Richmond County, Virginia: A History and Genealogy of Their Descendants Volume One, pages 3 & 4.
- ↑ page 29, Wills of Richmond County 1699-1800 by Robert K. Headley, Jr., 1983 Genealogical Publishing Co., Inc., Baltimore, Maryland
- ↑ page 56, The Registers of North Farnham Parish 1663-1814 and Lunenburg Parish 1783-1800 Richmond County Virginia, Compiled and Published by George Harrison Sanford King Fellow, American Society of Genealogists Fredericksburg, Virginia, 1966.
- ↑ Will of Alice Chinn Fox Chichester, 9 February 1725, Clerks Office, Lancaster County, Virginia - Will book no. 12, page 123.
- ↑
- ↑ 12.0 12.1 "The Hennessee Family Genealogy Pages: Thomas Dodson, Sr." Web accessed March 14, 2014
- ↑ .Ule, Michelle Duval, compiler The Dodsons, Durhams, Roses and Nevilles. Spring, 2000, Michelle Ule's Website Author generously provided a PDF.
- ↑ Louer, Graham "William Smoot Was NOT the Father of Dorothy Durham" genforum post April 25, 2012, Web accessed May 25, 2014; Roberta Estes, “Dorothy Durham’s Parents and the Mysterious William Smoot, 52 Ancestors #165,” DNAeXplained (blog), June 25, 2017, https://dna-explained.com/2017/06/25/dorothy-durhams-parents-and-the-mysterious-william-smoot-52-ancestors-165/
- ↑ The will of Elizabeth Grady is found in Richmond County, Virginia Court Order Book Page 184 July 1, 1702.
- ↑ See Dorothy's profile for sources.
See also:
- The Hennessee Family Genealogy Pages: William Smoot http://www.thehennesseefamily.com/getperson.php?personID=I4603&tree=hennessee
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DNA Connections
It may be possible to confirm family relationships with Dorothy by comparing test results with other carriers of her mitochondrial DNA. However, there are no known mtDNA test-takers in her direct maternal line. It is likely that these autosomal DNA test-takers will share some percentage of DNA with Dorothy:
It may be possible to confirm family relationships with Dorothy by comparing test results with other carriers of her mitochondrial DNA. However, there are no known mtDNA test-takers in her direct maternal line. It is likely that these autosomal DNA test-takers will share some percentage of DNA with Dorothy:
-
~0.39%
Laurie Pitman
:
23andMe
-
~0.39%
Paul Roth :
23andMe
-
~0.39%
Robert Vaughan :
23andMe
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Living DNA
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If they aren't the same person, then the profiles need to be cleaned up so that it is very clear that they aren't the same person - because the same 3 children can't belong to 2 mothers at the same time.
Perhaps the following article from the New York Law Journal will be of interest: "Circumstantial Evidence: An Important Source of Proof," at https://www.law.com/newyorklawjournal/sites/newyorklawjournal/2017/11/27/circumstantial-evidence-an-important-source-of-proof/?slreturn=20180310134744
The circumstantial evidence used: (1) William Smoot's granting land in 1700 to Dorothy Durham does not provide proof that Dorothy's surname was Smoot as no relationship is stated in the document. The granting of the land only proves there was a relationship of some kind between William Smoot and Dorothy Durham. (2) Dorothy Durham's deposition regarding statements made by James Gilbert; Again, in the deposition Dorothy's relationship to James Gilbert is not stated. Dorothy could have been nothing more than a neighbor, as other neighbors also gave depositions, i.e., Thomas Longdale; Anne Kelly, Lawrence Callahan, John Ingo and Martha Ingo. (3) The assumption has been made that James Gilbert's wife was Mary Smoot/Smoote. James Gilbert's wife is identified in documents as "Mary" no surname is given and no documents have been produced to show her surname was Smoot. (4) William Smoot's wife Jane waives her dower right to the land William deeded to Dorothy Durham. Everyone seems to overlook that Jane could have brought this land into the marriage or inherited the land after marriage. As stated in part from the 1998 article on the Durham family by Michelle Ule: The Oxford English Dictionary defines dower as '1. the portion of a deceased husband's estate which the law allows to his widow for life. 2. The money or property which the wife brings to the husband'. Customarily, when a woman waived her dower rights, she was agreeing not to expect the property to become hers when her husband died. But what if, in this case, Jane was waiving rights to property she brought into the marriage which her husband was then assigning to members of Jane's natal family? Perhaps Dorothy Durham and her sisters were children of Jane's sister? And perhaps Jane's sister was Mary Gilbert? (4) Everyone also over looks the will of Elizabeth Grady. William Smoot was the executor of the Will of Elizabeth Grady proved in 1702. This Elizabeth Grady left all of her land to Mary Smoot, daughter of William Smoot. Again, no family relationship is stated in the will but Elizabeth Grady could have been the mother of William Smoot, Mary Gilbert (wife of James Gilbert), and Dorothy Durham.
There is not enough circumstantial evidence to state who Dorothy Durham's parents were. There is circumstantial evidence to state that there is an unknown possible family relationship between William Smoot, Mary Gilbert, Dorothy Durham, and Elizabeth Grady.
edited by Carol Wilder