Person:Joseph Smith (34)

Watchers
Joseph P. Smith
d.ABT 1860
m. ABT 1816
  1. Sam Houston Smith, (undocumented)
  2. Captain Henry Madison Smith1817 - 1882
  3. Sarah Elvina Smith1818 - 1902
  4. Unknown Female Smithbef 1820 - bef 1830
  5. Frances E. SmithABT 1823 - BEF 1854
  6. Joseph P. SmithABT 1825 - ABT 1860
  7. Andrew Jackson SmithABT 1826 - BEF 1880
  8. Isaac Newton SmithABT 1828 -
  9. James Smith, (undocumented)BEF 1830 -
  10. William Jasper Smith1830 - 1894
  11. Francis Marion SmithABT 1833 - aft 1855
  12. Barsheba H. SmithABT 1834 - 1904
  13. Birt H. SmithABT 1837 - 1863
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
Facts and Events
Name Joseph P. Smith
Gender Male
Birth[1] ABT 1825 , Lincoln, Tennessee
Marriage 23 Nov 1845 , Rusk, Texasto Minerva Ann Hall
Death[2] ABT 1860
Burial[3] ABT 1860 Smith Park, Henderson, Rusk County, Texas

1850 Rusk Texas Census War of 1812 Veterans in Texas by Mary Smith Fae p. 215 Nacogdoches Archives transcribed by R.B. Blake vol XLVIII Marriages of Rusk Texas FHL film 1020943 (index in 1020942) Probate records of Rusk County Texas Volume I FHL film # 1020931 Rusk County Court probate records Volume I No 659 pages 40-45; 76-78 Guardianship of James Smith Et Al.

References
  1. Census: 1850 USA Federal Census, Rusk County, TX family 162, 1850.


    Smith, Joseph & Minerva 1850 Rusk TX Family # 162

    Joseph Smith 25 M Farmer 2,000 Tennessee
    Minerva 21 F [ditto]
    James 2 M Texas

    1850 Rusk TX Family # 162

  2. Court records, 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.

    Transcribed by Shirley Smith

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

  3. Cemetery: Tombstone.

    Delilah Smith b 1862-?
    3 1/2'[Daughter of Burt Smith is written on one source, but that is unverified. Records do not show him as ever being married. HThis could be a daughter of his brother Maion Francis Smith who is listed as having heirs in Birt Smith's will.]28" gapBert Smith b. 1837-d.1863
    7' x 32"28" gapJoe Smith b. 1825 d. 1861
    7' x 32"General's Tomb
    with wifeThomas Timmons b. 1815 - d. 1854
    7' x 32"28" gapFrancis Smith Timmons b. 1823 d. 1859 7' x 32" 28" gapJulia Timmons b. 1848 d. 1850's 3 1/2' Barsheba Timmons b. 1849 d. 1850's 3 1/2'

    Dimensions are from the Rusk County Historical Society:

    Buried in Smith Park cemetery, Henderson, Rusk County, Texas-- The James & Hannah Smith plot--see image