Person:Delilah Smith (3)

Watchers
Delilah Jo Smith
b.26 Jul 1857 , Rusk, Texas
m. 23 Nov 1845
  1. James Jasper Smith1848 - 1890
  2. Thomas John SmithABT 1851 -
  3. Hannah Texana Smith1853 - 1919
  4. Wm SmithABT 1857 -
  5. Delilah Jo Smith1857 - 1927
m. 24 Jan 1875
  1. William L. Smith1875 -
  2. Joseph Henry Smith1877 - 1922
  3. Charlie N. Smith1881 - 1881
  4. Malcom Smith1881 - 1881
  5. Sarah May Smith1882 - 1906
  6. B L Smith1884 - 1886
  7. Mary S Smith1886 - 1887
  8. J Clarence Smith1888 -
  9. Hayden Madison Smith1890 -
  10. Robert Homer Smith1892 - 1957
  11. Arthur E. Smith1893 -
  12. Clara Smith1895 - 1895
  13. Carl LeRoy Smith1896 - 1958
  14. C Smith1898 - 1900
  15. Veda Exa Smith1901 - 1964
Facts and Events
Name Delilah Jo Smith
Alt Name Dj, Dilia. Dillie, Dilly, Dillie Jo Delia
Gender Female
Birth[1][2][3][4][5][6][7][8] 26 Jul 1857 , Rusk, Texas
Marriage 24 Jan 1875 , Coryell, Texasto Henry Mattison Smith
Death[9] 24 May 1927 Durango, La Plata, Colorado
Burial[10] Cedar Hill, San Juan, New Mexico

DILLIE JO SMITH TIMELINE:

Notes for Dillie Jo: The most likely name for her is Delilah Josephine Smith [Delilah for her Grandmother Hannah Parker Smith's sister (Delilah Parker Hamilton), and Josephine after her birth father, Joseph P. Smith. Almost every census but one lists her father as being born in Tennessee which is where Joseph Smith was born. The census records also put her born about 1857 which is when the family records and death certificate have her born. Some records have her born in Rusk County, Texas, but there were no Huckabee familes in Rusk County, Texas in the 1860 census.]

1860 Rusk County, Texas census with Minerva Ann Smith, the widow of Joseph Smith-- Most likely Delilah [Dillie Jo] is listed as Wm M W 3 years old. living next door to Grandmother Hannah Smith. Wm Smith's birthdate according to the 1860 Rusk County census: about 1857 but he is not in the guardianship of Joseph's children. Delia/Delilah is in the guardianship but not listed in the 1860 census with Minerva Ann Smith.

At that time census takers wrote down census information on a paper then transferred the information to a census sheet. That 2nd sheet was then re-transcribed and sent on to the National Census records where it was preserved. I have found many census records where the sex, age and name of a child is incorrect.

The census taker made a mistake on the names of two of her cousins and the sex of one of them in the household next door to Minerva Ann Smith's. WHAT IF: When the census worker came-- the place was a madhouse with all the little kids running around and several families living in the same household--then he went next door to Minerva's and her children's home. Perhaps whoever told the census worker Minerva's youngest child's name used their Southern Accent....Delia, Dilly or Dilia--he heard Willia or Willie--and assumed they said William and the census taker wrote it as Wm a male child age 3 when it was really Delilah a female child age 3?????

Contents

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Delilah Smith is listed in Guardianship of children of Joseph P. Smith who died abt 1860 FHL film # 1020931 Rusk County Court probate records Volume I No 659 pages 40-45; 76-78

Notice filed May 27, 1861 Whereas A. J. Smith has filed his petition in the office of the clerk of the county court of Rusk County. Praying to be appointed guardian of James Smith, Thomas Smith, Texana Smith and Delilah Smith minors [of Joseph P. Smith deceased... NOTE: there is NO Wm Smith listed in this guardianship but the Delilah was not on the census. I think the census taker made a mistake.

==============

1870 Federal Census-- cannot find Minerva Ann or any of her children, including Dillie Jo.

===========

1873 Coryell County, TX [Oct 29] HM SMITH applies to become guardian of property and person of Dila/Delia SMITH minor OVER 14. [This would make her born before 1859 which is consistent with the 1857 birthdate of Dillie Jo and the 1860 census if the Wm is really Dillie Jo Smith. Dillie Jo would have been 16 years 3 months and 3 days old at this time] If the Delilah Smith in the guardianship of Joseph's children were born after the 1860 census, then she would not be over 14 years old.

FHL film 0984717 part 2 us/can Coryell, Texas probate book B-2 pp. 211-213 The State of Texas County of Coryell To the Sheriff of Coryell County ... HM Smith has filed his petition in the District court of said county requesting that a Guardian be appointed for Delia Smith a minor over 14 years of age at the Court House in the town of Gatesville Coryell County Texas on the 29th day of November 1873.

===============

1875 Miss Dillie Smith marries H. M Smith Jr. on 24 Jan 1875. She was 17 years 5 months and 29 days old. I think this would be the same Delia Smith who was the child Henry Smith Sr was the guardian of just over a year before.

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1880 Coryelle Texas Census household #242-243 Dillie is enumerates w Henry M. Smith, her father in law with her husband and one son. another son, Malcom has died as a 15 month old baby and is buried in Post Oak Cemetery in Coryell county, Texas. Dillie Jo was 22 years old which is within the 1857 time frame for her birth. 1880 Coryell, Texas census Dilly J. W F 22 Dau in Law TX TN TN [married to Henry M. Smith Jr.] This census has the correct states of birth of her parents.

=================

Cedar Hills NM cemetery records:

Smith H.M. 16 Mar 1854 - 17 Sep 1925 Smith, D.J. 26 Jul 1857 - 24 May 1927 [according to her death certificate, she was born in R usk County, Texas With father MA HUCKABEE. [Information provided by a son-in-law.] From the evidence I have found, I believe that MA Huckabee is actually the mother: Minerva Ann Hall Smith Huckabee

Dillie Jo would not have really known her father, Joseph P. Smith, because she would have been less than 3 years old when he died. The son-in-law would have only known Ezekiel Huckabee who was married to Dillie's mother.

Minerva Ann Hall Smith Huckabee died 13 Jan 1898. Ezekiel Huckabee died in 1902. Both Ezekiel & Minerva Ann died long before the son-in-law married into the family.

======

Marriage License for Ezekiel Huckabee & Miss M A Smith

[Most likely M A Smith is really Mrs. Minerva Ann Hall Smith because census records have Minerva born in Tennessee and M A Smith Huckabee's tombstone has written on it Minerva Ann Huckabee wife of Ezekiel Huckabee born Sep 7, 1829.

The John A. Hall family Bible has Minerva Ann Hall borned 7 September 1829 to John & Susanna Hall. This Minerva Ann Hall married Joseph P. Smith in Rusk County, Texas.]

Ezekiel Huckabee and MA Smith marriage: Marriage Dec 24, 1876 Marriage book D-1 Filed January 10, 1877 FHL film 0984711 page #208

Ezekiel Huckabee was in the 1860 census in Pontotoc, Mississippi with his parents as a single young man 23 years old. In 1861 he married Sarah Shaw in Pontontoc, Mississippi, so he could not have been Dillie Jo's father.

There is no other M A Huckabee in Texas who could have been the father of Dillie Jo about 1857. I have done child searches in Texas in 1860 and 1870 looking for any form of Dillie for Huckabee parents of Dillie Jo. There are no matches at all anywhere close to those names.

Minerva Ann Hall Smith's son, James J. Smith named one of his sons Ezekiel Huckleby Smith in 1886.

By comparing all of the marriage records, census records and guardianships, etc., we have basically shown how the connection with the Huckabee family happened--that Ezekiel Huckabee married MA Smith and they were Grandpa and Grandma Huckabee. I have compared the photo named "Grandma Huckabee" with Jackson Lafayette Hall and Sarah Susannah Hall's photos and she has a strong family resemblance.

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1900 Comanche TX census family #101 ED 35 Sheet 6 line 84, Prec.6 pg 258b With: Smith, Mat Dilla wife W F[emale] July 1857 42 M[arried] 24 [years married] 14 [children born to her] 8 living.[Her parent’s birth places are incorrect-should be father South Carolina or TN and mother Tennessee]

1910 census-- need to transcribe

1920 Cedar Hill, New Mexico Federal Census, pg 2 a Enumerated 9 Mar 1920 with: 27 30 Smith, Henry Smith, Dillie J. Wife F W 62 Married no yes yes Texas Tennessee Tennessee Occupation none

Dillie Jo is named in the Obituary of William Bandy as his grandmother who raised him after his mother died.

======
References
  1. Census: 1860 Federal Census USA, House #138 Lines 28 B 40 Fam 144, 14 Jun 1860.

    1860 Federal Census - Rusk County Texas - enumerated 14 Jun 1860
    Henderson Beat Household #138 Page ___ Lines 28 B 40 Family 144

    138 144 M A Smith 30 F 3900 400 Tennessee
    (Minerva Ann Hall Smith Huckabee, widow of Joseph P. Smith)
    138 144 Jas J. Smith 11 M Texas (James Jasper Smith)
    138 144 John T. Smith 9 M Texas
    138 144 H T Smith 8 F Texas
    (Texanna Smith Milner Black)
    138 144 Wm Smith 3 M Texas
    [The census taker made a mistake here. This is Delila Jo Smith, who is a female. Or the census taker missed Delila and William died before the guardianships. William is in no other documents, but there are two guardianship papers with her listed. William and Dillie Smith would have had to be twins]
    138 144 George Cooper 66 M Texas
    138 144 Martha Thompson 65 F Ireland

    Federal Census - Rusk County Texas - enumerated 14 Jun 1860
    Henderson Beat Household #138 Page ___ Lines 28 B 40 Family 144
    The census taker apparently made a mistake and put her as Wm Male age 3--this Wm is not found in the guardianship papers for Joseph P. Smith deceased, but a Delia/Delilah is.

  2. Court records: Coryell County, Texas, FHL film 0984717 part 2, 29 Nov 1873.

    1873 Coryell County, TX [Oct 29] HM SMITH applies to become guardian of property and person of Dila/Delia SMITH minor OVER 14. [This would make her born before 1859 which is consistent with the 1857 birthdate of Dillie Jo and the 1860 census if the Wm is really Dillie Jo Smith. Dillie Jo would have been 16 years 3 months and 3 days old at the time of the guardianship].

    If the Delilah Smith in the guardianship of Joseph's children were born after the 1860 census, then she would not be over 14 years old.

    FHL film 0984717 part 2 us/can Coryell, Texas probate book B-2 pp. 211-213
    The State of Texas County of Coryell To the Sheriff of Coryell County
    ... HM Smith has filed his petition in the District court of said county requesting that a Guardian be appointed for Delia Smith a minor over 14 years of age at the Court House in the town of Gatesville
    Coryell County Texas on the 29th day of November 1873.

    Guardianship of Delia Smith by Henry Madison Smith Sr. in Coryell County, Texas--see text

  3. Court records: Rusk County, Texas, Film 1020931, Jan 26th 1867.

    James, Delilah, Texana Smith Guardianship p, 77

    Film 1020931 Probate records of Rusk County Texas Volume I p 77
    Guardianship of James Smith & others

    Delila Smith In acct with A. J. Smith guardian
    Dr. F. M. Boyantons account $13.50
    W. S. Moss one book .15
    $13.65
    Comissions on thirteen & 65/100 dollars .68

    Texana Smith In acct with
    A. J. Smith guardian
    Dr. Lewis Meyers account $20.95
    W. S Moss account 3.45
    $24.40
    Commissions on twenty four 35/100 1.21

    Minors jointly with guardian
    Dr. [debtor] MA Smith's account for board for
    From May thru 14th 1861 to May 14th 1863 $150.00
    Commissions for acc & paying out one
    hundred & fifty-dollar
    $15.00
    By commissions for receiving fifteen hundred dollars 75.00
    Recapitulation
    Amount received $1650.00
    Amount paid out $352.80 ?
    Commissions for receiving & paying out $100.13
    Your reporter reports the he has loaned out
    eight hundred dollars of his wards money
    at eight per cent per anum taking note with a lien on ___ ____ to ____ its payment which leaves a balance in his hands of three hundred & ninety six dollars belonging to his wards.

    Your reporter would ask the Court to make an order allowing him to retain in his hands the paid three hundred & ninety six & 97/100 dollars without interest as a fund to clothe and educate his said wards as far as the same will pay.
    Sworn to & subscribed before A. J. Smith Guardian
    on this the 26th day of
    January AD 1867 J. N Still ccc Rusk Co
    Guardianship of James Smith et al annual report
    filed January 26th 1867 JW Still ccc Rusk Co.

    Received of A. J. Smith Guardian of Texana Smith now Texana Milner upon
    settlement with said Smith two hundred & Sixty Eight & 50/100 dollars which is the full share of the said Texana in the property of BH Smith deceased which went into the hands of A. J. Smith as her said guardian and which said amount of money is in full of all demands I have against said Smith as my…

    Delila Smith In acct with A. J. Smith guardian
    James, Delilah, Texana Smith Guardianship p, 77 --accounts - see text & image
    Film 1020931 Probate records of Rusk County Texas Volume I p 77

  4. Court records: Rusk County, Texas, FHL film # 1020931, 27 May 1861.

    FHL film # 1020931 Rusk County Court probate records Volume I No 659 pages 40-45; 76-78
    Guardianship of James Smith Et Al.
    Page 40

    Petition for letters:
    The State of Texas, County of Rusk
    County court pertaining to estates of deceased persons &c.
    To the Hon. Bennett Smith chief justice of said county. Your
    petitioner A. J. Smith a resident citizen of said county & state says
    there are residing in said county & state the following named
    minors to wit. James Smith, Thomas Smith, Texana Smith and
    Delilah Smith all under the age of fourteen years. Said minors are
    the heirs of Joseph Smith deceased. Petitioner is their uncle. said
    have no legal guardian, and own 275 acres of land worth about ten
    dollars per acre and situated in said county & state. Petitioner
    prays to be appointed the guardian of the person & estate of said
    minors.
    Endorsement:
    A. J. Smith
    by Morris & Casey Attys.

    NOTICE
    Notice filed May 27, 1861
    Whereas A. J. Smith has filed his petition in the office of the clerk
    of the county court of Rusk County. Praying to be appointed
    guardian of James Smith, Thomas Smith, Texana Smith and Delilah
    Smith minors. Notice is therefore hereby given to all persons
    interested to be and appear at the next term of the county court of
    Rusk County pertaining to the estate of deceased persons &c. To
    be holden on Monday the 27th day of May A. D. 1861 at the court
    house in the town of Henderson the county seat of said county.
    Then and there to show cause if any they can why said application
    should not be granted. Henderson May 15th 1861
    P. G. Whetstone CCC. Rusk Co.

    Endorsement: No. 659 Guardianship of James Smith Et. al. Notice
    Filed May 27th 1861 .
    P. G. Whetstone CCC Rusk. Co.

    Order May Term 1861
    Guardianship of James Smith Et al
    And now at this term of the court the petition of A. J. Smith
    praying to be appointed guardian of James Smith Thomas Smith,
    Texana Smith & Delilah Smith coming on to be heard and it
    appearing to the court that the notice required by law of said
    application had been given and there

    page 41

    being no opposition to this application. It is ordered by this court
    that the said A. J. Smith be appointed guardian of minors of the
    estate of said minors upon his giving bond with solvent security in
    the sum of five thousand dollars conditions as the law requires.
    And it is further ordered by the court that Bennett Boggess, W.J.
    Smith and Anderson Boggs be appointed appraisers of the property
    belonging to said minors.

    Bond of Gdn Filed May 27,1861

    To all to whom these presents may come. Greeting. Know ye that
    A.J. Smith as principal and John Grigsby and William Bromley as
    sureties are held and firmly bound unto the chief justice of the
    county of Rusk in the sum of five thousand dollars for the payment
    of which will and truly to be made unto the said chief justice, we
    bind ourselves, our heirs executors and administrators jonitty(sic)
    and severally firmly by these presents, signed with our hands and
    sealed with our seals(the seals being scrolls) this twenty seventh day
    of May AD 1861. The condition of the above bound A.J. Smith has
    been appointed guardian of the estates of James Smith, Thomas
    Smith, Texana Smith, and Delilah Smith. Now if the said A J Smith
    shall well and truly perform all the duties required of him under said
    appointment, then this obligation shall be n_____.
    Now, otherwise to remain in full force and effect.

    Approved May 27th 1861 A J Smith seal
    Bennett Smith John P Grigsby seal
    Chief Justice W. Bromley seal


    Oath

    I A. J. Smith do solemnly swear that I will well and truly preform
    all the duties devolving upon me as guardian of the estate of James
    Smith, Thomas Smith, Texana Smith, and Delilah Smith to the best
    of my skill and ability so help me God. A. J. Smith
    Sworn to and subscribed before me P.G. Whetstone clerk of the
    Rusk county court of said county this 27th day of May AD1861.
    P.G. Whetstone, ccc Rusk Co

    page 42
    No 659. Guardianship of James Smith et al. Bond filed May 27th
    1861.
    P.G. Whetstone ccc Rusk Co.


    County Court May term 1861

    To all to whom these presents may come. Greeting
    Know ye that A J Smith is this day duly appointed guardian of
    James Smith, Texana Smith, Thomas Smith and Delilah Smith, and
    the said A J Smith having duly qualified and given bond as such
    guardian is hereby duly authorized to take upon himself the
    performance of the duties of the said trust of such guardian
    according to law.
    In witness whereof we have hereunto set our official signatures and
    the seal of said court in the town of Henderson on the twenty
    seventh day of May AD eighteen hundred and sixty one.

    SS Bennett Smith
    Test Chief Justice
    P G Whetstone county clerk of Rusk county.

    Petition to sell land filed May 27th 1861

    County Court pertaining to Guardians &__ May term 1861
    To the Hon. Bennett Smith chief justice
    Your petitioner, A J Smith as guardian of the minors James Smith,
    Thomas Smith, Texana Smith and Delilah Smith, prays the court to
    grant an order for the sale of fifteen acres of land belonging to said
    minors situated in said county & state. Beginning at the south west
    corner of a twenty five acre tract sold by Joseph P Smith to Ben
    Smithers, thence east with his south boundary line, to his southeast
    corner, thence south west & north to the beginning so as to include
    fifteen acres. Petitioners says that said sale is necessary for the
    support and maintenance of said minors. He prays for publication
    and that this petition be acted upon by the next term of this court.
    Sworn to & subscribed before me this 27th May 1861 A J Smith
    P G Whetstone ccc Rusk Co


    page 43 Order

    Guardianship of James Smith Et al

    And now at this term of the court comes A. J. Smith guardian of
    James Smith, Thomas Smith, Texana Smith and Delilah Smith, by
    his attorney and files his application praying the court to grant an
    order for the sale of fifteen acres of land belonging to said minors
    situated in said county and State and bounded as follows, Beginning
    at the south west corner of a twenty five acre tract sold by Joseph P
    Smith to Ben Smithers, thence east with his south boundary line to
    his southeast corner, thence south west and north to the beginning
    so to include fifteen acres, and it appearing to the court that a
    necessity exists for the sale of said land, for the purpose of raising
    means for the support and maintenance of said minors. It is
    therefore ordered by the court that publication be made according
    to law of said application in the East Texas Times, a newspaper
    published in the town of Henderson, Rusk county Texas.

    Notice

    Whereas A J Smith guardian of James Smith et al has filed his
    petition in my office praying for an order authorizing him to sell a
    certain tract of land belonging to said minors. This is therefore to
    notify all persons interested in the welfare of said minors that said
    petition will be acted upon at the next regular term of the county
    court of Rusk county pertaining to estates of deceased persons
    guardianships & @ to be holden at the court house in the town of
    Henderson, on the 24th day of June AD 1861 when they can appear
    and show cause if any they have why such sale should not be made
    as applied for.
    Given under my hand and seal of office in .SS. Henderson
    this the 28th day of May AD 1861
    P G Whetstone CCC Rusk Co

    page 44
    Order-July term 1861

    The petition of A. J. Smith guardian of James Smith, Thomas
    Smith, Texana Smith and Delilah Smith for the sale of the
    following described tract of land to wit. fifteen acres of land in said
    county & state..Beginning at the south west corner of a twenty acre
    tract sold by Joseph Smith to Ben Smither, thence east with his
    south boundary to his south east corner, thence south west & north
    to the beginning or as to include fifteen acres part of the Headright
    of James Smith coming on to be heard, it appearing that the sale of
    said land is necessary for the support and maintenance of said
    minors and that publication had been made as the law requires. It is
    ordered by the court that the above tract of land be sold at auction
    at the court house door in the town of Henderson the county seat
    of said county, on the first Tuesday in September 1861 for cash.

    Petition to Revive order of sale

    County Court pertaining to estates of deceased persons September
    term 1861,
    To the Hon. Bennett Smith Chief Justice,
    A. J. Smith guardian of the minors, James Smith, Texanna
    Smith, & Delila (sic) Smith, says that at the July term 1861 of this
    court he obtained an order to sell fifteen acres of land of said
    minors on the first tuesday in September 1861 for cash at auction.
    He says that said sale was not made as he was not satisfied. It
    would be more to the interest of said minors to have said sale
    postponed until the first Tuesday in Nov 1861. He therefore prays
    that said order be renewed that the land mentioned in said order be
    sold at auction for cash


    page 45
    on the first tuesday in November 1861.
    Sworn to & subscribed before me A.J.Smith
    this Sep 30th 1861 PG Whetstone ccc, Rusk Co
    Endorsed

    Guardianship of heirs of Joseph Smith. Petition to revive order of
    sale of land. Filed Sep 30th 1861 PG Whetstone ccc, Rusk Co

    Order Sept term 1861
    Guardianship of James Smith & Others

    And now at this term of the court come A.J. Smith guardian of the
    minors James Smith, Thomas Smith, Texanna Smith, and Delilah
    Smith by his attorney and files his report and petition showing to
    the court that he did not sell the land belonging to said minors in
    obedience to a previous order of this court and prays the court to
    revive said original order of sale and authorize and require him to
    sell said land (described in original order) at the court house door in
    the town of Henderson on the first Tuesday in November next at
    the highest bidder for cash. Whereupon it is ordered by the court
    that said original order be revived and that said guardian be
    authorized and required to sell said land as prayed for in petition.

    Order Nov Term 1861
    Guardianship of James Smith & others

    And now at this term of the court comes A.J. Smith, guardian of
    the minors James Smith, Thomas Smith, Texannah(sic) Smith and
    Delilah Smith, by his attorney and files his report of the sale of
    fifteen acres of land belonging to said minors, which said tract of
    land is described as follows..Beginning at the southwest corner of a
    tract sold of twenty five acres sold by Joseph Smith to Ben Smither.
    Thence east with his south boundary line to his south east corner.
    Thence south west and north to the beginning so as to include
    fifteen acres which said report being examined and considered by
    the court. It is ordered by the court that said report be received and
    recorded and that said sale be in all things confirmed and that the
    said A J Smith make title to Ben Smither the purchaser upon his
    complying with the terms of the sale.

    carried to page 76

    No 659 Guardianship of James Smith & others

    County court pertaining to guardianships and c November term
    1861

    To the Hon Bennett Smith Chief Justice
    A. J. Smith as guardian of the minors, James Smith, Texanna Smith
    & Delilah Smith, says that in obedience to an order of this court, he
    sold at the court house door in the town of Henderson, the county
    seat of said county on the first tuesday of November 1861, for cash
    at auction, fifteen acres of land, in said county and state. Beginning
    at the south west corner of a twenty five acre tract sold by Joseph
    Smith to Ben Smither. Thence east with his south boundary line to
    his south east corner, thence south west and north to the beginning
    so as to include fifteen acres that Ben Smither became the highest
    and best bidder for said land he having bid and paid for the same,
    seven dollars per acre. He asks an order confirming said sale & to
    make title therefor to said Smither
    A.J. Smith Guardian of James Smith & others
    Sworn to & subscribed before me this 25th day of Nov 1861
    P G Whetstone ccc Rusk Co

    Remainder of page is inventory of expenses and income for minors
    and continued on page 77

    page 77

    Your reporter reports that he has loaned out eight hundred dollars
    of his wards money at eight per cent per anum taking note with a
    lien on real estate to secure its payment which leaves a balance in
    his hands of three hundred & ninety-six dollars belonging to his
    wards. Your reporter would ask the court to make an order
    allowing him to retain in his hands the said three hundred &
    ninety-six & 97/100 dollars without interest as a fund to clothe and
    educate his said wards, as far as the same will pay.
    Sworn & subscribed before A. J. Smith guardian
    me this the 26th day of
    January AD 1867 J N Still ccc Rusk Co

    Endorsement

    Guardianship of James Smith st al. Annual report filed January 26th
    1867
    J N Still ccc Rusk Co


    Received of A.J. Smith guardian of Texana Smith now Texana
    Milner upon settlement with said Smith two hundred & sixty eight
    & 50/100 which is the full share of the said Texana in the property
    of B.H. Smith deceased, which went unto the hands of A J Smith as
    her said guardian and which said amount of money is in full of all
    demands I have against said Smith as my

    page 78
    guardian except my interest in the land belonging to the estate of
    my father Joe P. Smith deceased, which said land has been turned
    over to me by my said guardian, and we hereby ask the Hon. Judge
    of the County Court of Rusk County Texas to discharge my said
    guardian from further care of my estate & liability as my guardian

    G. Milner
    This 11th day of ------1869 Texana Milner


    Receipt of J J Smith

    Received of A.J. Smith guardian of James Smith upon settlement
    with said Smith fifty five dollars which is the full share of the said
    James in the property of B.H. Smith deceased, which went into the
    hands of the said A.J.Smith as his guardian and which said amount
    of money is in full of all demands I have--said Smith as my said
    guardian except my interest in the land belonging to the estate of
    my father Joseph P Smith deceased, which said land has been
    turned over to me by my said guardian, and I hereby ask the Hon
    Judge of the County Court of Rusk County Texas to discharge my
    said guardian from further care of my estate & liabilities as my
    guardian.
    ________24,1869 J.J. Smith


    Application to sell land

    State of Texas County of Rusk Probate Court for Term 1869

    To the Hon Chief Justice of Rusk County. The undersigned
    guardian of Thomas Smith respectfully represents and states unto
    your Honor that his former ward James Smith is the owner of 42
    1/4 acres of land that lyes(sic) with and joins the land owned by his
    said ward, the said Thomas Smith. That he has some funds in his
    hands of his said ward, the said Thomas. That said land cannot be
    easily divided between the said James & Thomas. That the said
    James proposes to sell his interest in said tract of land to
    undersigned as guardian of said Thomas $4.00 per acre said tract
    of land is a part of the tract of 800 acres given by James Smith to
    Joseph Smith off of the headright League of said James Smith. He
    further states that his said ward only lacks about 6 years of being of
    full age and is very anxious that the undersigned should

    [the next is written down the side of the document]: ___ would be
    of great benefit to his ___ ward. That he believes that the purchase
    of said land for said ward would benefit said ward more than he
    could make of with money. He herefore prays His Honor to grant
    him an order allowing him to purchase said land.
    AP Smith GN.

    FHL film # 1020931 Rusk County Court probate records Volume I (transcribed by Shirley Smith) No 659 pages 40-45; 76-78 Guardianship of James Smith Et Al. [Included Delilah-under the age of 14] Page 40 in text-see image

  5. Family Records, from Diane Smith Bailey, ABT 1995.

    Family records and photo of Henry Mattison Jr. & Dillie Jo Smith from Diane Smith Bailey--see image

  6. Census: 1920 Cedar Hill New Mexico Census, ED 117 pg 2 a, 9 Mar 1920.

    1920 Cedar Hill, New Mexico Federal Census
    ED 117 pg 2 a, lines 4-9 Enumerated 9 Mar 1920

    27 30
    SMITH, Henry m. head Renting M W 65 married Texas Tennessee Tennessee General Farm OA?
    SMITH, Dillie J. Wife F W 62 Married Texas Tennessee Tennessee Occupation none
    SMITH, Homer son M W 28 Single Texas Texas Texas Occupation farmer General Farm OA ?
    SMITH, Carl L. son M W 23 Single Texas Texas Texas Occupation farmer General Farmer W [He married Ella May Wood 1 April 1920]
    SMITH, Veda daughter F W 18 Single Texas Texas, Texas Occupation none
    BANDY, William grandson M W 15 Single Texas Texas Texas Occupation, none
    [His mother (Sarah May Smith Bandy) died when he was only 22 months old. His grandparents, Henry Mattison and Dillie Jo Smith took him into their home and raised him.]

    1920 Cedar Hill, New Mexico Federal Census
    ED 117 pg 2 a, lines 4-9 Enumerated 9 Mar 1920

  7. Census: 1900 US Federal Census, ED 35 Prec.6 pg 258b, 1900.

    Henry Mattison & Dillie Jo Smith family
    1900 Comanche TX census family #101 ED 35 Sheet 6 line 83-90, Prec.6 pg 258b

    Smith Mat head W[hite] M[ale] March 1854 46 M[arried] 24 [#years married] Texas [his parents birth places are incorrect NC and Arkansas-Father was born in South Carolina and mother in Tennessee. The 1920 San Juan, New Mexico Federal Census page 2A has both his parents born in Tennessee.]
    Dilla wife W F[emale] July 1857 42 M[arried] 24 [years married] 14 [children born to her] 8 living.[Her parent’s birth places are incorrect-should be father born in Tennessee and mother Tennessee. 1920 San Juan County, New Mexico Federal Census has both her parents born in Tennessee.]

    Mae daughter W F Jul 1882 17 S[ingle] Texas Texas

    Clarence son W M Mch 1888 12 S TX

    Mat son W M Mch 1890 10 S TX

    Homer son W M Jan 1892 8 S TX

    Arthur son W M Mch 1893 7 S TX

    Carl son W M Oct 1897 2 S TX

    Henry Mattison & Dillie Jo Smith family
    1900 Comanche TX census family #101 ED 35 Sheet 6 line 83-90, Prec.6 pg 258b

  8. Census: 1880 Coryell, Texas Federal Census, ED 26 page 28, 1 Jun 1880.

    1880 Coryell, Texas Federal census

    ED 26 page 28 enumerated 1 Jun 1880 Dwelling 242 Family 243 lines 13-23

    Smith, Henry M. W M 63 SC SC SC

    Sarah S. W F 59 wife Keep House TN NC NC

    Henry M. W M 26 son Farm Hand TX SC NC [Henry Mattison Smith Jr. -place of parent's birth is incorrect: should be: TX, SC, TN-see their listing above]

    William L W M 16 son Farm Hand ditto [place of parent's birth is incorrect: should be: TX, SC, TN-see their listing above]

    Dilly J. W F 22 Dau in Law TX TN TN [Delilah Jo Smith married Henry Mattison Smith Jr., She is the daughter of Joseph P. and Minerva Ann Hall Smith. She and her husband are double cousins.]

    Smith, Wm. L. W M 4 Grandson TX TX TN [son of Henry M & Dilly J. who were both born in Texas according to their census records above. Should be TX TX TX]

    Joseph H. W M 3 Grandson TX TX TN [son of Henry M & Dilly J. who were both born in Texas according to their census records above. Should be TX TX TX ]

    [Another son of HM & Dilly J., Malcom Smith would have been recorded in this spot, but he died in May before the census -- born 22 Feb. 1879, died 25 May 1880]

    LIVING WITH SMITH FAMILY are Jackson Lafayette & Sarah Elizabeth Ramsey Hall's children [Jackson is the brother of Sarah Susannah Hall Smith]:

    HALL, Jacob H. W M 10 Nephew OR TN OR [mother's place of birth is incorrect--should be Illinois]

    Hall, Clarence V. W M 12 Nephew at school dittos [mother born in Illinois]

    Mary M. W F 6 Niece dittos [mother born in Illinois]

    Charles M. W M 3 Nephew AZ TN OR [mother born in Illinois]

    1880 Coryell, Texas Federal census
    ED 26 page 28 enumerated 1 Jun 1880 Dwelling 242 Family 243 lines 13-23

  9. Death Certificate.

    Dillie Jo Smith Death Certificate
    State of Colorado Bureau of Vital Statistics Certificate of death Durango, La Plata, Colorado
    5228R

    [Notes by Sandra Smith Gwilliam in brackets.]
    Place of death:
    County: LaPlata
    Town: Durango
    or City: Colo [sic]
    No: ____________ City [place of death]
    Full name: Dillie J. Smith [Delilah Jo Smith]
    Residence: Cedar Hill [New Mexico]
    Female, White,
    Occupation: Housewife.
    Married [widow]
    Husband: Henry M. Smith
    Date of birth: July 26, 1857
    Birthplace:
    Rusk County, Texas
    Date of death: May 24, 1927
    69 years 10 mo.
    Name of father: MA Huckabee [This is actually Dilly's mother's name- Minerva Ann Hall Smith Huckabee.
    Dilly's father was Joseph P. Smith who died about 1860 when Dilly Jo was 3 years old. Her step-father was Ezekiel Huckabee, the second husband of Minerva Ann Hall Smith Huckabee.]

    The doctor certified that Dilly was in his care from April 28, 192_[unreadable but probably 1927] to May 21, 1927, and that he last saw her alive May 21, 1927. Dillie Jo died of a Cerebral Hemorrhage, with contributory medical condition: Arterial Sclerosis on 24 May 1927 at 10:00 am. signed T. E. Childress M.D., Durango, Colorado.
    The burial date looks like either 2/27, 1927 or 4/27, 1927. but would have had to be May 27, 1927 with Hood Mortuary of Durango as undertakers.

    Informant: Mr. Tracker in city [I am sure it was Mr. Joseph William Tinker- a son-in-law (husband of Veda Exa Smith Tinker-married 15 Jan 1920 in Cedar Hill, San Juan County, New Mexico. They were married seven years before Dillie died. Dillie's mother, Minerva Ann Hall Smith Huckabee died two years before Veda was born. Joseph Smith, Minerva's first husband and Dillie's birth father died in 1860 in Rusk County, Texas. Ezekiel Huckabee died when Veda was almost 18 months old, so she wouldn't have known her grandparents.)].

    Filed Dec 29, 1930

    Death Certificate for Dillie Jo Smith--see text and image

  10. Cemetery records.

    Cedar Hills NM cemetery records by Velma McEwen:
    Smith H.M. 16 Mar 1854 - 17 Sep 1925
    Smith, D.J. 26 Jul 1857 - 24 May 1927

  11.   RUSK COUNTY COURT OF PROBATE. Court Records: Guardianship papers.