The Estate Heirs of John Smith Sr. who Died Feb 1793

Date: 3 Jun 1794 [unknown]
Location: District of Hamilton in the Territory of the United States of America South of the River Ohio

Estate of John Smith Senior who died Feb 1793

Contents 1 Summary of Estate Heirs 2 Text Excerpt 3 Estate Sale 4 Sources

Summary of Estate Heirs

3 Jun 1794 - son Samuel submits a Bill of Complaint against the heirs of John Smith Sr. to the Judges of the Court of Equity for the District of Hamilton in the Territory of the United States of America South of the River Ohio, listing a schedule of money, slaves and other property given in advancement to children and grandchildren. Other than Samuel, the only surviving children are Jane wife of Thomas Phelps dec., and Pheraby wife of John Hinton.^[1][2]

Samuel Smith

Elizabeth (Smith) Bryan late of Johnson County NC married to Wm Bryan now deceased. Their children:

1. Hardy Bryan,
2. Blake Bryan,
3. John Bryan,
4. Elizabeth Blackman, all of Johnston Co. NC, give depositions.

Jane (Smith) Felps widow of Thomas Felps of Rowan County, gives deposition.

Nancy "Anne" (Smith) Bryan late of Johnson Co. NC married to Needham Bryan now deceased. Their children:

1. Kedar Bryan, esquire, of Sampson Co. NC, and
2. Benjamin Bryan give depositions.

John Smith Jr late of Hawkins County NC now the territory of the US south of the Ohio. Sons:

1. William Smith and
2. Gideon Smith, both of Hamilton District, Tennessee, give depositions.

Alexander Smith late of Cumberland County. His widow Elizabeth and her husband Farguard Campbell give joint deposition. Heirs:

1. Isaac Williams,
2. John Smith, and
3. David Smith? mentioned.

Pheruba (Smith) married to John Hinton of Wake County, give joint deposition.

Text Excerpt

In Equity, Original Bill

Samuel Smith Administrator & c against Ann Bryan & Others the heirs and Legal Representatives of John Smith Senior:

To the Honorable the Judges of the Court of Equity for the District of Hamilton in the Territory of the United State of America south of the River Ohio____ The Bill of Samuel Smith Administrator and One of the Heirs of John Smith Senr. deceased ___against____ The Heirs or legal Representatives of Ann Bryan late of Johnson County North Carolina deceased, the heirs & c of Elizabeth Bryan late of Johnson County North Carolina, deceased, the Heirs & c of John Smith Junior late of the County of Hawkins North Carolina now the territory of the United States south of Ohio, deceased, the Heirs of Alexander Smith late of Cumberland County deceased, John Hinton and Pheruba Hinton of Wake County and Jane Phelps relict of Thomas Phelps Deceased of Rowan County Defendants.

Humbly complaining showeth to your Honors:

Your Orator Samuel Smith Admr. and one of the Heirs of John Smith Senior deceased that the said John Smith Senior departed this life about the month of February 1793 not having made any will or Testament as your Orator believes, that Orator being the only surviving son of the said John Smith obtained letters of Administration on the Estate of the said Deceased from the Court of Jefferson County, that the said John Smith Senior at the time of his decease was possessed of personal Estate of considerable value, which your Orator has taken into possession and by Order of said Court has exposed the same to public sale, that the amount of the said sales is ten thousand five hundred and forty two and One half Dollars, out of which sum all just claims against said Estate are to be discharged and the remainder to be distributed agreeably to Law among the several heirs of said Intestate.

Your Orator further showeth that the said John Smith Senior had six children (Exclusive of your Orator) viz Anne (who was married to Needham Bryan now deceased, Samuel), Elizabeth (who was married to William Bryan now deceased), John, Alexander, Jane (intermarried to Thomas Phelps now deceased) and Pheruba married to John Hinton; that the said Anne, Elizabeth, John and Alexander died during the life of said Intestate having each left children as legal Representatives to claim in the room of the deceased Parent; that your Orator, Jane Phelps and Pheruba Hinton are the only surviving children of the said Intestate.

And your Orator further showeth that each of the said children (your Orator included) during the life of said Intestate have been advanced with portions by him in a greater or less degree, and your Orator doth not know to what sum each of said children or their legal Representatives are entitled by Law, until it can be ascertained what sum or sums have been advanced to each in the life time of said Intestate, which your Orator believes can only be done in this Honorable Court of Equity where the parties may be compelled to answer and Account on Oath.

Your Orator admits that he hath received in advancement from the said Intestate in his life time each, negroes and Other property agreeable to the schedule annexed to this bill and further states that the said schedule which (he prays may be taken as part of this Bill) doth contain to the best of his knowledge information and belief an Account of the several sums of money, Negroes and other property advanced by said Intestate in his life to the parties in the bill contained and also the amount of the purchase made by said parties at the sale of said Estate by your Orator as Administrator. [Transcription of Court Case: Tennessee Records of Knox County Superior Court Record Book "B" 1797-1804 Part II. Prepared by The Historical Records Survey Transcription Unit]

Estate Sale

Estate Sale 1793

Sources

• Betty (Harrell) Gerlack: I received the pdf on May 28, 2019, from Phillip Smith, Certified Archivist, County Government Records Archives Assistant, Knox County Archives, Knox County Public Library System, Office of the County Mayor. Mailing address: 500 W. Church Avenue Knoxville, TN 37902-2505. (865) 215-8800

1. ↑ Transcription of Court Case: Tennessee Records of Knox County Superior Court Record Book "B" 1797-1804 Part II. Prepared by The Historical Records Survey Transcription Unit
2. ↑ https://www.wikitree.com/photo/pdf/Smith-6957-1