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m. Abt 1747
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m. Bef 1773
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According to some records, Abraham was a probate judge owned a lot of land in Union, York and other counties. But he signed his name on his will with an X, so there is a question about him being a judge. 1790 SMITH Abraham,Capt. 030 3 28 1 5 3 0 10
Abraham Smith's will - proven 14 Jun 1806 Union County, South Carolina, Will Book A pages 97-101 Will of Abraham Smith of Union District… to my son John Smith, 200 acres joining Clantons part of the land where he now liveth; to my daughter Polley Humphries, 100 acres, being the place whereon she now liveth, also negro Rachel; to my daughter Hannah Alexander, negro wench Winney, to my grandchild Polley Alexander, a negro girl Sarah, and to my grandchild Abraham Alexander, my young mare; to my son Henry Smith , the old survey where he now lieth in York District at the ford, about 100 acres also the land adjoining to him formerly granted to Bridges, including the place granted to his Grand Father whereon Joseph Lusk lived, also negro fellow Harry, now in his possession; to my son Joseph Smith, remainder of that tract of land upon Thickety Creek formerly called Stockdils land adj. below his brother John, and negro fellow Tom; to my son Daniel Smith, part of land whereon or adjoining to that I now live, upon Youngs old line, where Murpheys School house stood, Kelleys old field, adj. morgans, also negro fellow Nedd; to my daughter Salley Smith, negro wench Jude and child calld Nancy with negro girl Patt, and bed & furniture; to my wife Molley Smith, all the remainder of my land whereon I now live to be enjoyed as her natural rite during her life or widowhood, also negro wenches Hannah & Renne and Kate, and three negroes London, Pompey & Mark, to raise and educating my two youngest child; to my son Moses Smith, the remainder of the land where I now live at his mothers death or marriage, and negro boys Jacob & Charles; to my daughter Kattey Smith, my five little negroes Dave, Arnold, Sam, Faun & Chloe; my wife Molley Smith and my son Joseph Smith, exrs., 31 May 1806. Abraham Smith (X), Witness: Nicholas Corry, Henry Good, Spencer Morgan. Proved by Nicholas Corry Esqr., 14 Jun 18 Probate records Union South Carolina Will book A pp. 97-101 [The three SMITH brothers who married GUYTON girls were sons of Henry Smith (born abt 1727 inUlster, Ireland)-- BROTHERS of David SMITH and UNCLES of General James SMITHof SC>TN>TX who married Hannah PARKER daughter of Isaiah and Elizabeth (GUYTON) PARKER.] Deed - Union Co. deed book B P 230 - 1 28 Jul 1788 James Campbell purchased land from Abraham Smith of York Co., S. C. 100 ac in Union Co., both sides of Gilkeys Creek, on south side of Broad River. wit: Joseph French, Jno Harrington, Phillip Shafer. Harrington attested to sign in Union Co. before William McCullough, J.P. Reg. 23 Sept 1788 v2, p39 Deed - Union co., S.C. deed book B 230-231 28 Jul 1788 James Campbell of Abbyville Co., S.C. to Abraham Smith of York Co., S.C. 199 acres in Union Co., S.C. both sides of Gilkey Creek on S. Side of Broad River. Wit: Joseph French, John Harrington, Phillip (s) Shaver. John Harrington attested to the signature in Union Co. before William McCulluch J.P. Rec. 23 Sept 1780 v2, p40 Page 171 in the Pickens County Alabama – History and Families published by Rose Publishing Co., Humboldt, TN, contains the following: [Alexander – Smith In Union County, South Carolina, Deed Book T, page 486 is recorded: Mary Smith, widow of Abraham Smith, now residing in Pickens County, Alabama, Power of Attorney to Joseph Guyton of Union County, South Carolina, where I formerly resided, power to sell the 336 acres of land on Silkies Creek and Thickety Creek which came to me as my dower in the lands of Abraham Smith, signed September 16, 1830. In Union County, South Carolina, Deed Book T, page 488 is recorded: Joseph Guyton with power of Attorney from his sister, Mrs. Mary Smith of Pickens County, Alabama, a deed signed November 20, 1830. Mary “Molly” Guyton. ,oldest daughter of Joseph and Hannah Guyton, married Abraham Smith of York County, South Carolina, in 1774. Their oldest daughter Hannah Smith, married Dr. Samuel David Alexander of York County, South Carolina, in 1796, and moved to Pickens County, Alabama in 1826.] Abraham Smith's will (recorded in Will Book A on May 31, 1806) lists 5 sons and 3 daughters, and suggests that Abraham was a man of means, holding considerable land and numerous slaves. The instrument mentions his wife "Molly", and identifies “my daughter Polly Humphries”. There are those who say this Polly married a Charles Humphries, but the fact that our Polly and John Jefferson Humphries had offspring named Abram Smith, Moses and Henry (Polly’s father and two of her brothers) certainly lends credence to our claim of decendancy. From other sources we know that Abraham owned much land in Union, York, Spartenburg, Chester and Greenville Counties, SC. According to DAR File 139782 (submitted by Corrinne Krebs Humphries), he was born 1722 in Ireland, emigrated to the Colonies and settled in Union County SC. The file identifies Abraham as a patriot of the Revolutionary War who furnished sundries for the SC Militia during that struggle. However, it appears that this DAR File is incorrect as to his birth date and place. It is likely that this DAR application was the motivation which led Corrinne's mother to visit Columbus to seek family history, as is discussed in the Lucy Maxwell letter. Other postings say Molly was born 1757, died 1796. Michael Guyton says she married about 1772. Her father's will, recorded in 1818, leaves her a share of his estate, which implies that she was alive at that time. The will also indicates that Molly was one of three sisters who married three sons of Henery Smith and his wife Amelia Hampton [maiden name is most likely incorrect] -that certainly cemented an already-strong Smith-Guyton connection. According to a piece in the PICKENS COUNTY HISTORY and FAMILIES p 492, Mary Guyton Smith moved to Pickens County AL after the death of her husband, but if she died there, her gravestone has not been located. Children of Abraham Smith and Mary Guyton are: 15 i. Mary (Polly) Smith, born October 14, 1786 in Union District SC; died May 04, 1865 in Columbus Ms. She married John Jefferson Humphries in Union District SC (?); born June 20, 1779 in Union District SC; died September 15, 1862 in Columbus MS. John Jefferson Humphries moved from Union District SC to Columbus Ms in 1825. Borrowing from Dr W L Lipscomb's 1909 book entitled " A History of Columbus", J J Humphries, with a brave heart and abounding hope, brought with him to Columbus his large family of six sons and two daughters (actually 1 son and 1 dau were born after he reached Columbus). He first settled in a double log cabin situated on the corner of Market & Main Streets. J J subsequently became a planter of considerable wealth. He was one of 8 men who in 1829 founded the Presbyterian Church of Columbus. A 50-year quest has produced no record of John Jefferson's ancestry. A posting on the LDS web site by a descendant of the Gallatin contingent (see below) purports that his father was Col Elijah Humphries of NC, but no verification of that entry has materialized. Perhaps Rebecca Anderson Humphries, a widowed and disgruntled daughter-in-law of JJH, took all the family records to Gallatin TN when she left Columbus.
Note from Catherine Cooper: I recently found these abstracts in the South Carolina Magazine of Ancestral Research VIII regarding Abraham Smith:Western Circuit Equity Journal1 March 1809Executors of Abram Smith vs. Administrator of John Martin and others. Bill of Complaint. Argued by Messrs Gist for complainant and Hooker for Defendent. A case concerning a bond executed in a land conveyance. "...the said Abram Smith was an illeterate (sic) man and not skilled in the law and as such did not know the difference between a Joint and Several bond." If he had been aware that the said James and John Martin would have been discharged from any damages, the said Abram Smith would not have received the bond or made the contract for the land and paid the sum of 480 [pounds] on the responsibility of the said James Martin alone as the said James Martin at that time was insolvent. "Your orator and oratrix further shew unto Your Honors that the situation of Our Country is such that very few except lawyers are aware of the disadvantage arising from taking a Joint obligation..." Mentions a deed of conveyance by the said James Martin and his wife to the said Abram Smith and a claim by Goudelock to the land.Then a second entry regarding this case:Mary Smith and Joseph Smith, executrix and executor of Abram Smith, deceased vs. James Martin in his own right and Jane Martin, Elizabeth Martin, and Joseph Palmer, admrs. of John Martin, deceased. Bill of complaint. Whereas the complainants filed their bill in the court on 26 Aug 1808, and it appearing that James Martin, one of the defendents, lives without the limits of this State, ordered that said James Martin appear and plead, answer, or demur within 4 months from the data hereof. Otherwise the same will be taken pro confesso. Dated Juned [sic] 26, 1809.The above Abraham Smith is the one who married Mary "Molly" Guyton. My question is this: could a person be a probate judge if he were illiterate?One last note: a John Martin was brought up on bastardy charges in York Co., SC with Amey Smith in Oct. 1788. References
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