Person:John Smith (102)

Col. John Smith was one of the Early Settlers of Augusta County, Virginia

Contents 1 Early Land Acquisition in Augusta County, VA 2 Will of Col. John Smith 3 Records in Augusta County, VA 4 About Col. John Smith		Welcome to Old Augusta Early Settlers Beverley Manor Borden's Grant Register Data Maps Places Library History Index
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Early Land Acquisition in Augusta County, VA

Acquisition of Land from Chalkley's:

• Page 505.—27th February, 1749. Deed for the Glebe. Robert Campbell, Gent., to James Lockhart and John Madison, Church Wardens, and the other vestrymen, viz: James Patton, John Buchanan, Patrick Hays, John Christian, John Buchanan, Robert Alexander, Thomas Gordon, John Archer, John Mathews, John Smith, 200 acres in Beverley Manor. Corner James Clarke. 350 acres conveyed to Robert by Beverley, 24th July, 1740. Teste: Patrick Cook, John Risk, Matthew Wilson, Nathan Patterson, Samuel Walker.

• Page 8.—18th May, 1762. Johannes ( ) Miller, of Anson County, North Carolina, to John Smith, of Augusta, and Richard Pearis, of Frederick County, £52.15, 380 acres, part of 900 patented to Garret Zinn, 20th June, 1754, on Woods River, opposite an island; cor. Imanuel Eberling.

• Page 100.--18th November, 1767. William Bowyer to John Smith, Release and surrender of mortgage dated 13th May, 1763, and recorded.

Disposition of Land from Chalkley's:

• Page 260.--5th June, 1749. John Smith, Gent., to Silas Hart, mason, 400 acres on South Fork of North River of Shannadore. James Wood's line. Patented to John, 25th June, 1747. Margaret, John's wife, releases dower. Teste: John Thompson, John Poage, John Archer.

• Page 357.—28th November, 1749. John Smith, Gent., to William Mathews, weaver, Moffett's branch, a branch of Cathey's River. Patented to John Smith, 10th February, 1748. Delivered: John Archer, November, 1753. Teste: Samson and John Archer and Robert Renick.

• Page 307.—8th May, 1756. John Smith and Margaret ( ) to Mathew Campbell, £30, 250 acres on North Branch of South River of Shanando. Teste: Joshua and John Mathews, Jr.

• Page 405.—13th May, 1762. John Smith to William Bowyer, £100, two slaves and (100 acres on Craig's Creek, joining Col. James Pattern's lands: mortgage for £100. James ( ) Cloyd. Wilton ( ) Walton.

• Page 18, 1762. £100. John Smith to Alex. Sayers, 1/2 of a tract held jointly by John and Richard Pearis, containing 380 acres, part of 900 patented to Garrett Zinn, 20th June, 1753, and conveyed to us by John Miller, 18th May, 17(12. described as in above conveyance. Sent to Col. Preston by his order, October. 1773.

• Page 392.—15th October, 1765. John Smith to William and Thomas Crow, £50, two several tracts of 195 acres and 213 acres on Craig's Creek, patented to James Patton, 3d November, 1750, and conveyed by Patton to Smith, 195 acres.

• Page 438.—16th August, 1770. Margrett Smith, wife of John Smith, of Augusta County, to Samuel McCutchon, Sr., £12, and divers good reasons, horses, crops. Teste: James Crow and William Berry.

• Page 439.—17th August, 1770. John Smith to James and Samuel Clark, £3.10.10, cows. Teste: John Clark, William McCutchan, Jr.

• Page 498.—17th August, 1770. John Smith to James Clark, Jr., £27, cows and horses. Teste: John Clark. Delivered: Wm. McPheeters, Gent., 3d September, 1787.

• Page 238.--11th March, 1778. John Smith and Margaret to Nicholas Seybert, on a branch of the Straight Fork of Potowmack, at a place called Frame's Cabbin.

Will of Col. John Smith

Note: John Smith also had an earlier will, written in 1753, which is listed below.

COLONEL JOHN SMITH'S 1779 WILL

April the 26th 1779 - In the name of God, Amen, I John Smith of Botetourt, County, and Colony of Virginia, being sound of mind and Memory, but calling to mind the Mortality of my Body knowing it is Appointed for all men once to Die, and as it has pleased God to Blefs [bless] me with some small property of this life, it is my will that the same may be distributed in the following manner:

First I commend my soul to God who gave it, and my body to the earth to be buried in decent manner at the will of my Executor, hereafter mentioned-Item it is my will that my just debts & funeral charges be paid out of my estate Imprimis and bequeath to my dearly beloved wife all my moveable estate and during her natural life and at her death to devolve to my son James Smith

Item: I bequeath to my son James Smith my part of a warrant for officer’s Claim-- Now in the hands of Col Preston, which is one thousand acres. Also one Part of land in Craig's Creek containing about one hundred and eighty acres and one entry of land on Glade Creek. The above lands to be at his disposal to sell and dispose of as he thinks proper.

I do hereby appoint my trusty and well-beloved friend George Skillern executor of this my will and testament requesting that he may act thereon and for the same punctually perform and I hereby revoke and make void all other wills and testaments by me made and do publish, pronounce and Declare this to be my last will and testament in witness whereof I have hereunto Set my hand & seal the day and year above written.

(Signed) Jno Smith [scrawled seal]

Published pronounced and declared by the said John Smith to be his Last will and Testament in presence of us: George Hutchison, Joseph Dickson, William Watson

Col John Smith’s Will March Botetourt Court 1783. This Instrument of writing was presented in Court as and for the Last will & Testament of Col John Smith deceased & proved by the Oath of George Hutchison one of the Witnesses And at another court held for said county the 8th day of May 1783 the same was proved by the Oath of William Watson another Witness & ordered to be recorded.

Teste D. M___ BC

At a court held for Botetourt County the 13th day of March, 1783.

The last will & testament of Colo. John Smith, deed., was prestd. in ct. & prvd. by the oath of Geo. Hutcheson, one of the witnesses.

USGenWeb Archives

May 8th, 1783.

Last will & testament of Colo. John Smith further proved by oath of Wm. Watson.

USGenWeb Archives

Records in Augusta County, VA

From Chalkley's:

• Page 220.—18th November, 1757. Israel Christian's bond (with Chas. Campbell, Abraham Smith) as administrator of John Smith, now a Captain in the French Dominions.

• November, 1762. John Kenney vs. John Smith.—1760. To my wages, four months under your command, £4, 0, 0.

• November, 1762 (A). Kenny vs. Smith.—Col. John Smith to John Kenny, debtor. 1760, to ray wages four months under your command, £4. Sworn to by John Kenny, 26th May, 1762.

• May, 1763 (B). Bingaman vs. Smith.—January ye 2d day. Received of John Bingamin 861 weight of beef for the use of my Company and the Cherokee Indians at the rate of 10/ per C., £4, 6, Zi/2, and more to cash upon the same account 18/ per me. (Signed) John Smith.

• November, 1764 (A). Smith vs. Bowyer.—Mortgage, Col. John Smith to William Bowyer, 1762. Recorded. Witness: Wilton Walton. Debt for 100 pounds. The mortgage put up 600 Acres on Craigs Creek of the James River and three slaves, named Venus, Jack and Lonnon. John Smith sold one of the said slaves for 30 lbs, 17.2 on 1 May 1760 in order to make payment on the mortgage. On 22 aug 1764, hw asks that part of the land be sold to pay off the remainder of the debt. {Library of VA: VA Memory. Collection}

• May, 1765 (C). Looney vs. Looney.—Chancery. Col. John Smith deposes that in 1753 or 1754 Robert Looney sent for his son, Absalom, to come from Blue Stone to James River with his family. That before he came in Robert Looney proposed to his son Daniel that he would give him (Daniel) the land over the Creek for his land in the Draft to settle his son Absalom on, to which Daniel agreed, and when Absalom came in he settled on the land and Daniel Looney took possession of the land over the Creek. That some time afterwards Daniel Looney made the said Absalom a title to the same. That Daniel never got any title from his father that the deponent knows of, though he often afterwards heard the said Robert Looney acknowledge the bargain, and that when the said Robert Looney made over his other lands to his sons, he excepted and reserved the land over the Creek for his son Daniel.

• May, 1765 (C). COUNTY COURT. - Paper Found Between Leaves Of Order Book XI, Page 90. To the Worshipful Court of Augusta County the Petition of the Inhabitants of Reedy Creek Humbly Sheweth:— That whereas we, your petitioners, for some time past have been debarred settling and improving and cultivating our patent lands on the Western Waters, the reason whereof is best known to our legislators, but by virtue of the late treaty held to the northward, we hope we may, without offense, petition your worships to give orders that there may be alterations and amendments made on the old road leading from Capt. Ingle's Ferry to James Davis's, on the head of the Holston River, and appoint such surveyors as you in your wisdom shall think fit, and your petitioners, as in duty bound, will pray. (Signed; Joseph Black, James Holice, John Montgomery, Robt. Montgomery, James Montgomery, George Breckenridge, Alexander Breckcu- ridge, Robert Breckenridge, Robert Campbell, Robert Doack, William Doack, William Sayers, Arthur Campbell, William Davis, James Hay*. Samuel Hopes, William Leftwich, Gasper Gender, George Gender, Jacob Kinder, William Phips, John Houncal, Barnet Small, John Smith, John Bets, Robert Buchanan, Robert Davis, Samuel McAdam, James Davis. Nicholas Buchanan, Alex. Buchanan.

• August, 1765. John Hamilton vs. Col. John Smith. Writ, 28th August, 1764. Col. John Smith, debtor to John Hamilton, for goods for his soldiers at tht Dunkard Bottom and himself—September, 1760: Col. John Smith, himself; Lieut. Hansley. John Smith (bowman), John Lukis, John Hamilton Stamp Evins, Richard Dodd, Richard Newport, Thomas Deigs, John Cotre Said John Smith assumed to pay said accounts in presence of Lieut. Richard Hickman (in Albemarle).

• Page 200.—20th August, 1765. Same (From John Bowyer) to David Looney. Similar deed as above, 140 acres; corner Col. John Smith; corner to above tract.

• October, 1765 (D). Hamilton vs. Smith.— Col. John Smith, debtor to John Hamilton, for goods for his soldiers at the Dunkard Bottom, and himself, September, 1760: Col. John Smith, Lieut. Hansley, John Smith Boman, John Lukis, John Hamilton, Stamp Evins, Richard Dodd, Richard Newport, Thomas Deigs and John Cotril.

• March 1767. John Smith vs Exors of James Patton's Estate. John Smith's agreement with James Patton had been that he would receive 5 shillings for each survey on the waters of Roanoke. Patton was murdered by enemy Indians and Smith was on the frontiers in service , so settlement was greatly delayed. Patton had offered Smith 100 pounds, which he refused unless patton would give him title to 7 surveys which he had picked out on Craigs Creek, numbered 1 to 7. Patton had agreed to do this and executed deeds to No 1 and No 2. but had no more blank deeds and agreed to do this on his return from Williamsburg. (1 and 2 were called the little bottom and the long bottom on James River). No 3 was reserved for orator on Craigs Creek. Executors Buchanan and Thompson were ordered to make deeds to the 5 surveys on Craigs Creek, No 3 to 7, as well as the two surveys No 1 and No 2 called little bototm on James river and long bottom. They were also to pay the orator 36 pounds of his balance due. {Library of VA. VA. Memory. John Smith vs. James Patton Exors. Augusta. 1770-003}

• May, 1768. September 25, 1761. I promise to pay, etc., unto William Ingles or Cum paney, etc. (Signed) John Smith Test, Thomas Coaperd (Coasserd). (Endorsed, "Col. Smith to Wm. English—Bill.")

• November, 1766 (B). Ray vs. Chandler.—Capt. John Blagg commanded a Company of the Virginia Regiment in 1760. William Chandler, of Bedford County; Joseph Ray, of same County. William contracted to deliver goods for Joseph at Dunkard Bottom, on New River. This was when Blagg was with Col. John Smith, at Fort Lewis, August, 1760, during the campaign under Col. Byrd, vs. the Cherokees.

• November, 1766 (B). Ray vs. Chandler.—Case: Writ, October, 1763. Deposition of Capt. John Blagg, of his service, withdrawn. Deposition of Col. John Smith withdrawn.

• November, 1766 (B). Col. John Smith deposes: That in August, 1760, being at Fort Lewis, he heard Chandler sell to the plaintiff Ray £100 worth of goods, to be delivered, &c., &c., make payment for ye same. At ye breaking up of ye campaign under Col. Byrd, then carrying on against ye Cherokees, and accordingly ye plaintiff Ray applied to deponent and Luney to become his securities, &c. The goods were not delivered at the time agreed, or any time during the campaign. Ray might have disposed of a still larger quantity of goods to advantage on that campaign. (No date.)

• May, 1773 (A). Col. John Smith vs. McCaul & Co.—Chancery, 1771. In 1765 orator was in prison for debt, when William Crow agreed to pay the debt and satisfy all claims between them if orator would convey to Crow his tract of land, which orator agreed to do, and executed bond to Crow to that effect, but on account of his old age and infirmities Crow took advantage of him and assigned bond to McCaul & Co., who got judgment. Bill to annul the judgment and bond for fraud. George Smith testifies that in 1765 witness and Jonathan Smith were in Crow's store, and each bought a suit of clothes, which Col. John Smith told Crow to charge to his account. John Madison, of Botetourt,

• 1770- 18 Nov John Smith deposed that sometime about 1765, he was confined in prison for debt of about 40 pounds. In order to release himself and justify the said debt, he sold to William Crow a tract of land for a sum of 80 pounds and Crow agreed to pay the debt... orator is suffering from infirmities of age which render him incapable of attending court at such a distance. {NOTE: John lived in what is now Botetourt. By car in 2017. this trek would take about 1 hour 30 minutes at 70 mph. By carriage, which one would expect an older gentleman to use, it would take about 3 or 4 days journey.} Deposition of Abraham Smith, his father John Smith ... William Crow purchased said John Smith's lands lying on Craigs Creek, setting him at liberty... at first agreed on 98 pounds, but John Smith discussed with Robert Reed with whom he boarded about the time of his confinement and left his house and came to live at Crows, and told Crow he had treated him as kindly as he should have and he should have the land ten pounds cheaper than any other person....... John Madison Senr. became John Smith's security and afterwards said orator told David Smith and James Smith to indemnify sd. Madison. Daniel Smith also made a deposition in this suit, as did Col. Andrew Lewis.on 10 May 1773. George Smith deposed that in 1765 or 1766, he bought a suit of cloathes from Wm. Crow of same kind as purchased by Jonathan Smith. That Col. Smith was in Crow's store and ordered Wm. Crow to charge the cloathes of both George and Jonathan to his account. Col. Smith said William Crow was in his debt. 10 May 1779. [George Smith signed with an x, whereas John's children and grandchildren all seem to have been literate]. Various summons were issued and several read: Colo John Smith and his son James. Library of VA: Virginia Memory. Chancery Cause: John Smith vs. William Crow. 1773-006 Augusta County {Settled May 1773}

• May, 1773 (A). 1773. Luke Bowyer, of Botetourt, 1773. Notice to take depositions given by Crow April 30, 1773, to Col. John Smith and his son, James. Deposition of Abraham Smith; that his father, John Smith.

About Col. John Smith

Some info is found at this site: http://freepages.genealogy.rootsweb.com/~harrisonrep/Harrison/d0036/g0000018.html#I2045

[CAPTAIN] John Smith Jr., born 1730, was killed at Ft. Vause, June 25, 1756; and Joseph, born 1734, in Chester County, Pennsylvania (?), was captured with his father at Ft. Vause, June 25, 1756, and died a prisoner on the way to [Canada]. A daughter, Margaret, (according to Boogher p. 330) b. 1741, married Hugh Reece Bowen, who died October 7, 1780. The will names a daughter, Louisa, probably Margaret Louisa, and adds sons William, David, Jonathan, and James Jordan. The last may have been named for his mother's family. Evidently these five were the youngest children. [Note from Guy Smith: Very few Jordan in records of Augusta Co. No James Jordan.]

John Smith had two wills. One was dated 1753 (See original wills, Box 3, Staunton, Virginia) and this one dated April 26, 1779. He did not die after his first will, proven because he fought with his sons at Fort Vause and was captured and taken to France for two years. He was honored in 1758: Monday April 3d 1758, a Memorial was read - "To the President, Council, and House of Burgesses and referred to Consideration of the House", stating that in June 1756, the said Smith then in Fort Vaufs [sic], in Augusta, was attacked by the enemy, his eldest son killed and he was captured. "He has lost three sons and a great part of his Fortune in the service of his country." [Journals of the House of Burgesses of Virginia 1752-1755, 1756-1758].

During the time he was captured, his creditors thought that he was dead and tried to probate his will, but his sons stopped the attempt. [Chalkley]

Guy Smith stated that the other sons of John and Margaret Smith had already received property and money from their father or they had died, so John left his estate to his wife, Margaret, then to his youngest son, James after she died. There was another son, Jonathan mentioned in the first will who is not in any other record, so he may have died young.

JOHN SMITH - Will of 1753

Copied from: Settlers by the Long Grey Trail A contribution to The History and Genealogy of Colonial Families of Rockingham County, Virginia by J. Houston Harrison C. J. Carrier Company Harrison burg, Virginia 1975 Page 199: "It has been well said that the Harrisons of Rockingham were intimately connected with the Smiths. Reference here is to the family of the immigrant Capt. John Smith, some account of whom has been given, and the accidental finding of whose will among the unindexed records at Staunton has been noted. (See pp. 8, 37, 86, 141). This will, in the original, was written on a single sheet of paper on the back of which occurs the notation: "John Smith Senr. Will," is dated May 7, 1753, and reads as follows-

"IN THE NAME OF GOD AMEN- I John Smith of Augusta County and Colony of Virginia being very Sick in Body but in my perfect Sences do make this my Last will and testament first of all I Leave to Margaret my well beloved wife all my Stock of Horses and Cattle Household Goods and all my Movables Whatsoever She shall also make Choice of any one Tract of Land that I have which She is to hold During her Life and at her Death the sd. Land to fall to my daughter Louisa I also Constitute and appoint Daniel Harrison Silas Hart and my son Abraham Smith to be my Executors and it is my will that they Shall Sell all or so much of my Land Excepting the above Tracts as will Pay all of my Debts and funeral Charges and what Ever of my Land Remains un sold to pay of my Debts to be Divided Equally between my sons William Joseph David Jonathan and James Jordan my Executors to Pay five Shillings Each to my Sons Abraham Henry Daniel and John & I Do hereby Revoke make null and void all other wills made by me before this Date and hereby Pronounce and Publickly Declare this to be my Last Will and Testament in Witness whereof I have Hereunto Set my hand an Seal this Seventh Day of May on Thousand Seven Hundred & Fifty Three- "In Presents of James Patton, Robt. Renick, Humphrey Madison "Jno. Smith (seal) (See original wills, Box 3, Staunton, Virginia) [Note: John Smith had at least 2 wills. This one dated 1753 and a final one dated April 26, 1779.]

"The signature of Capt. Smith is in a very bold hand.

The seal is of red wax bearing embossed on it the figure of a "horn of Plenty," out of which pours a "fleur-de-lis", and water (?), onto a sprig, or branch of a vine, placed underneath, and a curved as an inverted rainbow. The fleur-de-lis was the Royal emblem of France, and is also the same for a species of iris. Probably the vine of the seal alludes to the latter, particularly as the iris of mythology was associated with the rainbow. In one way or another the fleur-de-lis occurs frequently in the arms of Smith families. Its significance pouring from a horn of plenty would seem to be evident. On the Arms of Richard Smith, the Smithtown, Long Island, immigrant, the fleur-de-lis was a prominent figure. (See p. 37)…. Note from Guy Smith-the seal is reversed in this image.

"The will is interesting, in that it mentions more children than appear to have heretofore been credited to Capt. Smith. At the proving of his importation at Orange (see p. 8), he included his wife Margaret, and sons Abraham, Henry, Daniel, John, and Joseph. Of these Abraham, b. in Ulster, Ireland, 1722, m. Sarah Caldwell, of Augusta County; Daniel, b. in Ulster, 1724, m. about 1751, Jane, the daughter of Capt. Daniel Harrison; Henry, b. 1727, m. Camey ___ [Amy/Amey/Amelia-various spellings from land records]; John Jr., born 1730, was killed at Ft. Vause, June 25, 1756; and Joseph, born 1734, in Chester County, Pennsylvania (?), was captured with his father at Ft. Vause, June 25, 1756, and died a prisoner on the way to [Canada]. A daughter, Margaret, (according to Boogher p. 330) b. 1741, married Hugh Reece Bowen, who died October 7, 1780. The will names a daughter, Louisa, probably Margaret Louisa, and adds sons William, David, Jonathan, and James Jordan. The last may have been named for his mother's family. Evidently these five were the youngest children. [Note from Guy Smith: Very few Jordan in records of Augusta Co. No James Jordan.]

The seal and signature are from Guy R. Smith historian for the Col. John Smith Society.

Notes from http://freepages.genealogy.rootsweb.com/~judysfamily/ John Smith b. 1701 Ulster, Ireland d. 1799 "Smithland" Harrisonburg VA. m. Margaret Schomhaeffer (sp) Abt. 1719 in Ulster Province, Ireland b. Abt. 1698 Ulster, Ireland Children of John and Margaret Smith are:

i. Capt. Abraham Smith, born 1722 in Ulster, Ireland

ii. Col. Daniel Smith, b 1724 in Ulster, Ireland d. 1781 in Rockingham Co. VA

iii. Henry Smith, born 1727 in Ulster, Ireland; died 1792 in York, SC

iv. Patrick Smith?, born 1729; died 1756 in Ft. Vause Augusta Co. VA. (Note: There are some questions concerning Patrick Smith being the son of Capt. John Smith)

v. John Smith, Jr. born 1730 in Chester Co., PA; died June 25, 1756 in Ft. Vause, VA

vi. Joseph Smith, born February 09, 1735/36 in Chester Co., PA.; died June 25, 1756 in In Captivity, By Shawnee, VA.

vii. Levisa (Louisa) Margaret Smith, born October 1737 in Orange Co. VA; died April 12, 1812 in Tazewell, Tazewell, VA

viii. David Smith, born 1744 in Orange Co. VA

ix. Jonathan Smith, born Abt. 1745 in Augusta Co. VA; died Abt. 1849 in Randolph Co. WV

x. James Jordan Smith, born 1746 in Augusta Co. VA

Capt. John married Margaret CLARKE in Augusta Co. VA. She was born Abt. 1700 in Augusta Co. VA, and died Bef. 1769 in Augusta Co. VA. Notes:

Capt. John Smith died in the home of his son Daniel Smith in "Smithland" VA Rockingham Co.

According to Nancy Seals info: Capt John Smith migration: From England > Ireland >Philadelphia PA > Chester Co. PA > Orange Co. VA > Augusta Co. VA > Rockingham Co. VA

Captain John Smith's will dated May 8, 1755, Augusta Co. VA., names his wife Margaret, dau. Louisa and his sons, Abraham, Henry, David, James,William , Jonathan, Joseph and Daniel. Executors were Silas Hart and Daniel Harrison. He used a wax signature, the seal containing the fleur de lis.

Notes for Margaret Schomhaeffer (sp):

Look for name to be Margaret Schomhaeffer (Harrington). Spelling differs from record to record. Also seen as Schoonhester.

Notes for Joseph Smith: Joseph Smith died in route To New Orleans, LA Prisoner of Fort Vause on Captivity, By Shawnee Indians

Notes for James Jordan Smith: Served with William Campbell on expedition to the New River against the Tories in 1779 and being present at the surrender at Yorktown in 1781.

From "Gleanings of Virginia history" By William Fletcher Boogher, pg. 331-335

SMITH FAMILY OF AUGUSTA AND ROCKINGH COUNTIES, VIRGINIA.

Capt. John Smith, born 1698, in England, settled with his parents in Province of Ulster, Ireland; is said to have been an officer of the British army(?), and married, in 1719, Ma garet ; immigrated to America about 1730, with his wife and children ; settled, 1st, in Chester Co., Pa., about 1740; removed, with the McDowells and others, to what is now Augusta county, Virginia, then Orange, and on June 26, 1740, proved the importation of himself, his wife Margaret, their sons Abraham, Henry, Daniel, John and Joseph, from the colony of Penna. (See Orange County Land Records.)

In 1738 Augusta county was taken from Orange, the first court being held in Staunton Dec. 9, 1745, prior to which time all the legal business of Augusta county was transacted at Orange Court House. June 26,1742, John Smith qualified at Orange Court House as captain of the militia for Augusta county. As a protection against the inroads of the Indians, he had several rude forts, or block-houses, constructed in the Valley, one of which was in the county of Botetourt, on the James river, where Pattonsburg was subsequently located. This fort became the scene of memorable events. Capt. John Smith, with seventeen men, held a fort, called Fort Vause@@variously written Vass, Voss, and Vaus@@which was located on the head-waters of the Roanoke river, about ten miles from where Christiansburg now stands. This fort was invested by three hundred French and Indians, and, after a brave resistance for three days, the garrison agreed to sur render the fort, upon a stipulation allowing them to return to their homes. Astonished and mortified at finding so few men in the fort, the enemy disregarded the terms of surrender and held the survivors now only nine or ten in number as prisoners. Two* of Capt. Smith's sons were with him : John, who was wounded during the siege, and killed by an Indian after the surrender. The prisoners were taken down the Ohio and Mississippi rivers to New Orleans, and on the way down the other young Smith (Joseph), who had survived the disaster at the fort, died. Only five of the prisoners lived to reach New Orleans.

Capt. Smith and two others were then sent to France, and he alone returned to America, after an absence of two years. " When the treaty was signed at the fort, Cap tain Smith was so cautious as to secure the paper by ripping open the lining of his coat and sewing it between, which de feated the most diligent search for it. On arriving at Paris, Capt. Smith produced the agreement, and, upon exhibiting it to the proper authorities, was promptly released, and with his two companions was sent to London, where he received quite an ovation, a street being named in his honor. He there told of the immense territory of the Southwestern country." Mr. Waddell, in the Virginia Magazine of History and Biography, says: " Capt. John Smith commanded a company in the disastrous Sandy Creek expedition, sent out on Feb. 18, 1756, and it would seem that after his return he was stationed at Fort Vause; also, that while Capt. Smith was detained as a pris oner and absent two years, his pay during that titne, and also that of his son, Lieut. John Smith, Jr., up to the time he was killed at Fort Vause, on June 25, 1756, was provided for by an Act of Assembly, passed by the House of Burgesses. Hening's Virginia Statutes." As a further proof of the accounts given by Mr. Waddell, and Benj. H. Smith, the Editor of the Virginia Magazine of History and Biography, adds : " A register of the persons who have been either wounded, killed, or taken prisoner by the enemy in Augusta county, as also such as have made their escape ;" and among many other names and dates are found the following: " June 25th, 1756, at Fort Vause, Capt. John Smith, prisoner returned 1758, Lieut. John Smith (Jr.), killed, Joseph Smith, prisoner, died on the way to New Orleans."

After his return to this country, probably in impaired health, he seems to have taken no active part in Military affairs. " He survived until the Revolutionary War began, and this, his military spirit having revived, he applied for a Com mission and was refused on account of his advanced age, then 78 years, which greatly offended him. He died shortly after this at Smithlands, the residence of his son Daniel, two miles north of Harrisonburg, Virginia. " His sons, Abraham, Henry, and Daniel, were also prom inent in the French and Indian Wars; his son-in-law, Hugh Reece Bowen, was killed at the battle of Kings Mountain, near the close of the fight, as a Lieut, of Campbell's Regiment of Riflemen, Virginia Militia, on Oct. 7, 1780, and left many highly respectable descendants in southwestern Virginia, namely, Tazewell, Wythe, and Montgomery counties." Capt. Smith was one of the first Vestry Members for the parish of Augusta ; their first Meeting was held April 5, 1747, at which date John Smith, John Buchanan, James Patton, John Madison and others, took the oath appointed by act of Parliament as such. His name appears as being present at all meetings from 1747 to Nov. 23, 1756; at this meeting John Matthews, Jr., was chosen Vestryman in place of Capt. John Smith, who had been captured at Fort Vause on Nov. 20, 1758, there being a vacancy, Col. (formerly Capt.) John Smith having returned to Virginia, was chosen Vestryman, which position he held until May 25, 1760. The military record of Capt. John Smith is well known, he having received from his colony, grants of land for his service as early as 1754. (See records.) His military record is too well known to require any further notice in this paper. On March 30, 1745, John Smith, Gentleman, had patented to him 400 acres of land in the great survey on Mossy Creek, and 400 acres on Spring Creek; from this time on for many years the records of Augusta show that he and his sons handled many thousand acres of the best lands in the Shenandoah Valley. He died 1776. His wife Margaret Smith died .

They had six children, namely :

1. Abraham, b. 1722, in Ireland. (See later.)

2. Daniel, b. 1724, in Ireland. (See later.)

3. Henry, b. 1727 ; m. Amy . [1756.

4. John, Jr., b. 1730 ; was killed at Fort Vause, June 25,

5 Joseph, b. 1734, in Chester Co., Pa. Was taken prisoner at Fort Vause ; d. on way to New Orleans, 1766.

6. Margaret, b. 1741 ; m. Hugh Reece Bowen, who was a Lieut, in Campbell's regiment of Riflemen, Va. Militia, was killed at the battle of Kings Mountain, Oct. 7,1780, leaving his widow and children surviving. Of his descendants, no further record.

15 Aug 1775- Col John Smith is exempt from paying levies for the future. {Summers, Annals of SW VA, 1929, Botetourt County, Va Court Minutes}.

13 Apr 1780- Peter Looney, heir at law of Peter Looney dec'd proved in Boteoturt County, VA Court that said Peter Looney dec'd served in Capt. Smith's Company of Rangers last war on the frontier of this Colony as a Sergeant until he was taken prisoner by the Indians in 1756 and did not return for near two years. That he never proved such service nor obtained land for the same. (Summers, Annals of SW Va, 1929. Botetourt County, VA Court Minutes)

13 Apr 1780- Col. John Smith appeared before the Court of Botetourt and proved that he served as a Captain of a Company of new lines in 1760 under command of Col. Byrd on Expedition agst the Cherokees and was legally disbanded. He obtained Warrant from Lord Dunmore for 3,000 Acres for this service.

Satisfactory proof presented to the Court that said John Smith had been appointed Capt. of Rangers in August 1766[55], raised in Augusta County and continued on duty until ordered on expedition against Shawnees under command of Major Andrew Lewis and incorporated with a detachment of the VA Regiment and served until the expedition was at an end. He further continued on duty by the Governor's order till June 24th 1756, when the Fort he commanded was attacked by a body of French and Indians and the garrison were made prisoners and taken to Canada. He did not return to his family until 1758. He never received warrant for land for said service. He has been an inhabitant of Virginia since said return from captivity. (Summers, Annals of SW VA, 1929. Botetourt County, VA Court Minutes).

In 1741, John Smith, Zachriah Lewis, William Waller, Benjamin Waller, Robert Green, and James Patton were granted and Order of Council of the Colony of Virginia for 100,000 Acres on James River and Roanoke, extending to and including waters of the Indian or New River. Patton was the manager and employed Smith, who was Col. John Smith who was captured by the Indians. These two were occupied with inducing immigration to the area until 1751. Patton eventually bought out all patentees except Smith and Lewis. These were the worthies of the land in their generation. They were of the Scotch Irish settlers in the Shenandoah, the center of which was Augusta County. Authorities in the Colony of Virginia, looking to protect the western frontier, had erected a series of forts on the "western waters". These were local stockaades where people could gather in times of peril and were not continually occupied for any period of time by royal troops. Fort Lewis(a few miles east of present Salem in present Roanoke County, VA) was the most prominent of these early forts. This was the frontier settlement of Virginia. In 1760, Col John Smith of the VA Regt, under Byrd sent out against the Cherokees was in command of Fort Lewis. Vaux's Fort lay higher up on the Roanoke. In 1756, it was devastated by the Indians and twenty seven people were killed or taken prisoner.

• In 1763, John Smyth, William Grymes, James Nealy and Israel Christian were appointed to view the roads that led from Vaux's Fort over the New River on the lands of John Buchanan and likewise by Ingles's Ferry to the lead mines. Other Forts were built along this western frontier in the period of 1757, 1758. Including Fort Loudon near present day Knoxville, TN. This particiular fort was erected in 1757, while John Smith was a captive. It was the largest of the series of forts and was garrisoned by Royal Troops and 200 settlers in 1758. It manned 12 cannons.

The grant to Patton, Smith and Lewis and others for 100,000 Acres in 1741,lay on the headwaters of the Roanoke and James. By 1757, Blair reported to the Executive Council of VA that land entered to companies and individuals amounted to 3 million Acres, a large portion previous to 1754. The Indian incursions drove back the settlers in the peiod of 1755, 1756, 1757. In 1760, Captain John Blagg commanded a Company of the VA Regiment, under Col. John Smith and Col. Byrd at Dunkard Bottom in New River, indicating expansion was beginning back into the western regions. In 1763, the country had been freed and settlers began to return once again as far as Ingles Ferry. In 1764, the most southern processioning was Roanoke. By 1767, there were again expansions westward, though roads were not being cleared well as the population had not increased enough to support enough tithables to make improvements in the mountain passes for more than bridle paths and pack trails. By 1770, settlers were moving back in to present day Virginia counties of Washington, Lee, Scott, and Tazewell. Attacks by the Indians in 1776 killed some settlers and broke up settlesments for a time. In 1781, all settlers in Turkey Cove, in Powell's Valley moved out due to the Indians. The tide receded and soon more settlers came and more lands were taken up. {Excerpted from: the VA Magazine of History and Biography, Vol. 30, No. 2, pp. 183-202. Lyman Chalkley. "Before the Gates of the Wilderness Road: The Settlement of Southwestern Virginia." {http:www.jstor.org/stable/4243877}

• Men such as Col. John Smith fought valiantly and offered up their sons and grandsons to settle this country. These true pioneers and frontiersmen led to the settlement of the United States as we know it today.

The exact date of Col. John Smith's return from captivity has not yet been ascertained, but it was sometime between 13 May 1757 and 3 Apr 1758. On Friday, 6 May 1757, Margaret Smith petitioned the House of Burgesses, stating that her husband, Capt. John Smith, who commanded "Vaulx's Fort" in Augusta, was either taken prisoner or killed by the enemy, which has reduced her and her numerous family to very indigent circumstances. The House put the petition to committee. On Friday, 13 May 1757, the committee agreed upon a report and came back with a resolution which allowed 20 lbs to be paid by the Public to Margaret Smith. [Journal of House of Burgesses of VA 1758-1761. ed. by H. R. McIlwaine. Richmond, Va 1908, pp. 454, 464.] One would hope Margaret and the children were not starving as it was not until 12 Jan 1758, when she received the 20 lbs. {Margaret Smith - receipt to William Preston for 20 lbs, which was allowed her by the assembly in the previous May and received by Preston from the treasurer.} [The Preston Papers of the Draper Collection of Manuscripts. Vol. 1. p. 36. 6 QQ140. State Historical Society of Wisconsin. 1915. Edited by Milo N. Quailfe]

On 3 Apr 1758, A Memorial was read in the House of Burgesses, after John's return. This Memorial mentioned the attack on Vauss' fort and that his eldest son had been murdered in front of his face. Capt. John had been taken prisoner and carried to the Shawnee Towns and French Forts, then to Quebec. From Quebec, he was boarded on a Cartel Ship and carried to England. While in England, he was introduced to Secretary Pitt to whom he communicated his observations and his opinion that an Army of 800 men could destroy the Shawnee Towns and some of the French Forts. Secretary Pitt Approved of this scheme and introduced him to Lord Loudoun to encourage and promote such an Enterprize. The House futher noted that he had lost three sons in the service of his country [NOTE: this does not say he lost three sons at Vause Fort], and was still ready and zealous for his Majesty's Service. [Journal of the House of Burgesses of Va, 1758-1761, ed. by H. R. McIlwaine. Richmond, Va. 1908, p. 499.]

Birth Order of sons should be: John Jr is eldest son. Abraham is second son. When petitioning The House of Burgesses, John Smith said his eldest son was murdered before his face at Fort Vause 25 June 1756. That son was John Jr. John Jr's deeds in Augusta County indicate Abraham is is eldest brother, not that he is elder than John Jr, but the eldest brother of John Jr. this has been a simple misinterpretation by many.{Journal of House of Burgesses 1758-1761 and Augusta County Deed 20, p. 371}

1. ↑ Court records
   p. 205, 1740.

   John Smith made oath that he imported himself, Margaret his wife, Abraham, Henry, Daniel, John & Joseph Smith & Robert Mc Dowel, as his own Charges from Ireland to Philadelphia & from thence into this Colony & that this is the first time of his proving his & their rights in order to obtain land.---
   
   Orange County, Virginia Order Book II, Circuit Court of Orange County, Orange, Virginia, 1740 p. 205
   
   
   [Note: There is no proof of any last name for Margaret, John’s wife. Guy Smith has a theory that perhaps Robert McDowel could be a relative of Margaret.]

   Importation of the John Smith family in the Orange County, Virginia Order Book II, Circuit Court of Orange County, Orange, Virginia, 1740 p. 205 document provided by Guy R. Smith see text and image

2. ↑ Court records
   p. 205, 1740.

   ote from Guy Smith: The three sons John lost in the war: Lt. John Smith, Joseph Smith, and most likely a Patrick Smith. The State historical Library in Wisconsin has Preston Papers which summarized from 1754 to end of war the people killed Feb 1756 Chalkely Vol 2-March 1756 Robert Looney was killed (he was a neighbor of the Smith family),.. Patrick Smith was killed. He was probably born in the colonies because he was not listed in the importation papers.
   John Smith Jr. [son of Captain John & Margaret Smith b.1730], was killed at Fort Vause, June 25, 1756. John Smith's will P. 155 Wills--22 January, 1756 …to John Smith, son of brother Daniel Smith, the plantation on North River, Shanedoe, [Shenandoah ?] which testator bought of Silas Hart; to brother Daniel; to brother Abraham Smith; to brother Henry Smith. Executor, brother Daniel Smith. Proved, 18th August, 1756
   
   Some sources list a son of Captain John Smith named Joseph, taken prisoner at Ft. Vause along with his father. [More information is found in Smith Cousins Four compiled by Zula Wood Atwood, Frank L. Eddens, Jr, Mildred Smith Shumaker, & Guy R. Smith hereafter referred to as (CF)]
   
   JOHN SMITH’S FT. VAUSE ADVENTURE
   1754-1763: French and Indian War. According to the World Book Encyclopedia, that war was the last and most important conflict over French and British possessions in North America. John Smith fought under George Washington in an unsuccessful attempt to force the French to leave their chain of forts along the Allegheny River in Pennsylvania in 1754. The French forces defeated them at Fort Duquesne (now Pittsburg, Pennsylvania). That campaign was the first battle of the French and Indian War. [Jean Carr & World Book Encyclopedia]
   1755 John Smith was Captain of Rangers. His company was at Fort Vause at the head of the Roanoke River (Shawsville) in the present county of Montgomery, about ten miles from Christiansburg, Virginia. He served until 1763. (Sandra's note: This differs from the Abercrombie report which calls him Major because according to Guy Smith, John Smith was in two different military units with different ranks in each.) (CF)
   1756 May 18, 1756: Formal declaration of war by England. June 9, 1756: Formal declaration of War by France.
   Major John Smith fought at Fort Vause, Virginia, which fell to French and Indian troops under the command of Monssieur Belester, commander of the Miamee Fort (Fort Miamee is near Toledo, Ohio). Major John Smith was captured by the French and held for two years. (CF)
   The original document of the Abercrombie extract #16 will provide…illuminating historical facts…concerning Col. John Smith's Fort Vause Adventure. The original document…can be found in the Public records office in London, England…The reference number is PRO 30/8/95. [Sandra's note: Apparently, Major John Smith wrote a journal during the time he was captured and transported. He described the Forts and the French forces and numbers of guns each fort held. He also took note of each Native American tribe, their size and feelings towards the British and Americans. Major John Smith gave this information to the British to help with the war efforts. Mr. Abercrombies's letter of Nov. 16th, 1757 to Mr. Wood contains extracts from Major (John) Smith's journal, 1756/7.]
   "…Major John Smith, Commander of a Company of Rangers on the Frontiers of Virginia, was prisoner for eleven months, taken with his party of ten men in a blockhouse towards the head of James River on the 25th of June 1756 by Monsieur Belester Com.der of Miamee Fort (about 500 miles from the head of James River) at the head of 205 Indians and 25 French Canadians of which party Major Smith killed 40 (and ) obliged Captain Belester to return without penetrating [Warwick] within 60 miles from Williamsburgh where he intended. According to the information of his [Shawnee] Indians, his spies who passed through the settlements of Virginia some [months] before as Cherokees and our friends... [Abercrombie 'extract' #16 page 2 of John Smith's journal transcribed by Guy Smith]
   "Putoataways [Guy Smith's note: probably Pottawatomie (Algonquian) tribe]. …of their towns, about 2000, inclined to come over to English for better trade…took Major Smith, into their counsel as a Sachem [a supreme or Political leader], went to their king, danced under the English colours, taken from Gen'l Bradock, and fired through the French colours, held council with Major Smith, agreed with him in a project formed by him for taking Fort Dequesne by their assistance with 1500 of their people. The intimacy [between] them and the Major being suspected, he was removed. He speaks the language." [Abercrombie 'extract' #16 page 3 of John Smith's journal transcribed by Guy Smith]
   Monday April 3d 1758, a Memorial was read - "To the President, Council, and House of Burgesses and referred to Consideration of the House", stating that in June 1756, the said Smith then in Fort Vaufs [sic], in Augusta, was attacked by the enemy, his eldest son killed and he was captured. "He has lost three sons and a great part of his Fortune in the service of his country." [Journals of the House of Burgesses of Virginia 1752-1755, 1756-1758].
   
   N

   Monday April 3d 1758, a Memorial was read - "To the President, Council, and House of Burgesses and referred to Consideration of the House", stating that in June 1756, the said Smith then in Fort Vaufs [sic], in Augusta, was attacked by the enemy, his eldest son killed and he was captured. "He has lost three sons and a great part of his Fortune in the service of his country." [Journals of the House of Burgesses of Virginia 1752-1755, 1756-1758]. document provided by Guy R. Smith

3. ↑ Church Records
   p. 205, 20 Nov 1758.

   At a Vestry held for Augusta Parish, (Virginia) the 20th day of November 1758
   
   Present Sampson Archer Churchwarden
   
   John Buchanan John Madison
   John Christian John Archer
   John Buchanan Robt. Breckinridge
   
   Mr. Sampson Archer made oath before this Vestry that Thomas Gordon a member of the same told him that the said Gordon could not sit or act any longer as Vestryman in sd Parish and desired that his resignation might be entered herein upon which the Vestry Unanimously made Choice of Col. John Smith to Serve in his Room.
   
   The Vestry is adjourned till Tomorrow Morning at 8 O-Clock.
   
   (Augusta County Virginia Vestry Book page 233)

   John Smith made Vestryman. At a Vestry held for Augusta Parish, (Virginia) the 20th day of November 1758-- document provided by Guy R. Smith--see text and image.

4. ↑ Church Records
   p. 205, 23 Nov 1756.

   At a Vestry held for Augusta Parish, Virginia, the 23rd Day of Nov. 1756, John Mathers Jr. was elected Vestry man in the Room (removal? - Maj. John Smith was a prisoner-of-war at this time, he had been captured by the French at
   Ft. Vause.)

   At a Vestry held for Augusta Parish, Virginia, the 23rd Day of Nov. 1756, John Mathers Jr. was elected Vestry man in the Room (removal? - Maj. John Smith was a prisoner-of-war at this time, he had been captured by the French at Ft. Vause.) document provided by Guy R. Smith--see image

5. ↑ Military records
   p. 205, 18 Nov 1758.

   John Smith's Military Commission of Colonel for Militia--document provided by Guy R. Smith-- see image

6. ↑ Will
   1753.

   JOHN SMITH - Will of 1753
   
   Copied from:
   Settlers by the Long Grey Trail
   A contribution to: The History and Genealogy of Colonial Families of Rockingham County, Virginia
   by J. Houston Harrison C. J. Carrier Company Harrison burg, Virginia 1975
   Page 199:
   "It has been well said that the Harrisons of Rockingham were intimately connected with the Smiths. Reference here is to the family of the immigrant Capt. John Smith, some account of whom has been given, and the accidental finding of whose will among the unindexed records at Staunton has been noted. (See pp. 8, 37, 86, 141). This will, in the original, was written on a single sheet of paper on the back of which occurs the notation: "John Smith Senr. Will," is dated May 7, 1753, and reads as follows-
   
   "IN THE NAME OF GOD AMEN-
   I John Smith of Augusta County and Colony of Virginia being very Sick in Body but in my perfect Sences do make this my Last will and testament first of all I Leave to Margaret my well beloved wife all my Stock of Horses and Cattle Household Goods and all my Movables Whatsoever She shall also make Choice of any one Tract of Land that I have which She is to hold During her Life and at her Death the sd. Land to fall to my daughter Louisa I also Constitute and appoint Daniel Harrison Silas Hart and my son Abraham Smith to be my Executors and it is my will that they Shall Sell all or so much of my Land Excepting the above Tracts as will Pay all of my Debts and funeral Charges and what Ever of my Land Remains un sold to pay of my Debts to be Divided Equally between my sons William Joseph David Jonathan and James Jordan my Executors to Pay five Shillings Each to my Sons Abraham Henry Daniel and John & I Do hereby Revoke make null and void all other wills made by me before this Date and hereby Pronounce and Publickly Declare this to be my Last Will and Testament in Witness whereof I have Hereunto Set my hand an Seal this Seventh Day of May on Thousand Seven Hundred & Fifty Three- "In Presents of James Patton, Robt. Renick, Humphrey Madison
   "Jno. Smith (seal)
   (See original wills, Box 3, Staunton, Virginia) [Note: John Smith had at least 2 wills. This one dated 1753 and a final one dated April 26, 1779.]
   
   "The signature of Capt. Smith is in a very bold hand.
   
   The seal is of red wax bearing embossed on it the figure of a "horn of Plenty," out of which pours a "fleur-de-lis", and water (?), onto a sprig, or branch of a vine, placed underneath, and a curved as an inverted rainbow. The fleur-de-lis was the Royal emblem of France, and is also the same for a species of iris. Probably the vine of the seal alludes to the latter, particularly as the iris of mythology was associated with the rainbow. In one way or another the fleur-de-lis occurs frequently in the arms of Smith families. Its significance pouring from a horn of plenty would seem to be evident. On the Arms of Richard Smith, the Smithtown, Long Island, immigrant, the fleur-de-lis was a prominent figure. (See p. 37)….
   Note from Guy Smith-the seal is reversed in this image.
   
   "The will is interesting, in that it mentions more children than appear to have heretofore been credited to Capt. Smith. At the proving of his importation at Orange (see p. 8), he included his wife Margaret, and sons Abraham, Henry, Daniel, John, and Joseph. Of these Abraham, b. in Ulster, Ireland, 1722, m. Sarah Caldwell, of Augusta County; Daniel, b. in Ulster, 1724, m. about 1751, Jane, the daughter of Capt. Daniel Harrison; Henry, b. 1727, m. Camey ___ [Amy/Amey/Amelia-various spellings from land records]; John Jr., born 1730, was killed at Ft. Vause, June 25, 1756; and Joseph, born 1734, in Chester County, Pennsylvania (?), was captured with his father at Ft. Vause, June 25, 1756, and died a prisoner on the way to [Canada]. A daughter, Margaret, (according to Boogher p. 330) b. 1741, married Hugh Reece Bowen, who died October 7, 1780. The will names a daughter, Louisa, probably Margaret Louisa, and adds sons William, David, Jonathan, and James Jordan. The last may have been named for his mother's family. Evidently these five were the youngest children.
   [Note from Guy Smith: Very few Jordan in records of Augusta Co. No James Jordan.]
   
   The seal and signature are from Guy R. Smith historian for the Col. John Smith Society.

   JOHN SMITH - Will of 1753
   Copied from: Settlers by the Long Grey Trail
   document provided by Guy R. Smith-- see text

7. ↑ Will
   26 Aug 1779.

   COLONEL JOHN SMITH'S 1779 WILL August the 26th 1779In the name of God, Amen I John Smith of Botetourt, County, and Colony of Virginia, being sound of mind and Memory, but calling to mind the Mortality of my Body knowing it is Appointed for all men once to Die, and as it has pleased God to Blefs [bless] me with some small property of this life, it is my will that the same may be distributed in the following manner: First I commend my soul to God who gave it, and my body to the earth to be buried in decent manner at the will of my Executor, hereafter mentioned-Item it is my will that my just debts & funeral charges be paid out of my estate Imprimis* and bequeath to my dearly beloved wife all my moveable estate and during her natural life and at her death to devolve to my son James Smith.
   
   Item: I bequeath to my son James Smith my part of a warrant for officer’s Claim-- Now in the hands of Col Preston, which is one thousand acres. Also one Part of land in Craig's Creek containing about one hundred and eighty acres and one entry of land on Glade Creek. The above lands to be at his disposal to sell and dispose of as he thinks proper. I do hereby appoint my trusty and well-beloved friend George Skillern executor of this my will and testament requesting that he may act thereon and for the same punctually perform and I hereby revoke and make void all other wills and testaments by me made and do publish, pronounce and Declare this to be my last will and testament in witness whereof I have hereunto Set my hand & seal the day and year above written. Jno Smith [scrawled seal]
   
   Published pronounced and declared by the said John Smith to be his Last will and Testament in presence of us X George HutchisonJoseph Dickson William Watson Col John Smith’s Will March Botetourt Court 1783.This Instrument of writing was presented in Court as and for the Last will & Testament of Col John Smith deceased & proved by the Oath of George Hutchison one of the Witnesses And at another court held for said county the 8th day of May 1783 the same was provedby the Oath of William Watson another Witness & ordered to be recorded.
   Teste D. M___ BC
   
   * Imprimis: In the first place or in Primis-among the first or Chiefly.

   1st page of the 2nd Will of COLONEL JOHN SMITH-- (1779 WILL page 1) August the 26th 1779
   document provided by Guy R. Smith-- see text and image-- 2 citations

8. ↑ Will
   26 Aug 1779.

   COLONEL JOHN SMITH'S 1779 WILL August the 26th 1779In the name of God, Amen I John Smith of Botetourt, County, and Colony of Virginia, being sound of mind and Memory, but calling to mind the Mortality of my Body knowing it is Appointed for all men once to Die, and as it has pleased God to Blefs [bless] me with some small property of this life, it is my will that the same may be distributed in the following manner: First I commend my soul to God who gave it, and my body to the earth to be buried in decent manner at the will of my Executor, hereafter mentioned-Item it is my will that my just debts & funeral charges be paid out of my estate Imprimis* and bequeath to my dearly beloved wife all my moveable estate and during her natural life and at her death to devolve to my son James Smith.
   
   Item: I bequeath to my son James Smith my part of a warrant for officer’s Claim-- Now in the hands of Col Preston, which is one thousand acres. Also one Part of land in Craig's Creek containing about one hundred and eighty acres and one entry of land on Glade Creek. The above lands to be at his disposal to sell and dispose of as he thinks proper. I do hereby appoint my trusty and well-beloved friend George Skillern executor of this my will and testament requesting that he may act thereon and for the same punctually perform and I hereby revoke and make void all other wills and testaments by me made and do publish, pronounce and Declare this to be my last will and testament in witness whereof I have hereunto Set my hand & seal the day and year above written. Jno Smith [scrawled seal]
   
   Published pronounced and declared by the said John Smith to be his Last will and Testament in presence of us X George HutchisonJoseph Dickson William Watson Col John Smith’s Will March Botetourt Court 1783.This Instrument of writing was presented in Court as and for the Last will & Testament of Col John Smith deceased & proved by the Oath of George Hutchison one of the Witnesses And at another court held for said county the 8th day of May 1783 the same was provedby the Oath of William Watson another Witness & ordered to be recorded.
   Teste D. M___ BC
   
   * Imprimis: In the first place or in Primis-among the first or Chiefly.

   COLONEL JOHN SMITH (1779 WILL page 2) August the 26th 1779
   document provided by Guy R. Smith-- see text and image-- 2 citations

9. ↑ Cemetery: Tombstone.

   Photo from Guy R. Smith of the possible gravesite of John Smith. See image

10. ↑ compiled by Zula Wood Atwood, Frank L. Eddens, Jr, Mildred Smith Shumaker, & Guy R. Smith. Book: Smith Cousins Four.

    Captain John Smith died at the home of his son, Daniel. Buried in a cemetery now under Silver Lake in Dayton, Virginia.

    Smith Cousins Four compiled by Zula Wood Atwood, Frank L. Eddens, Jr, Mildred Smith Shumaker, & Guy R. Smith page 38

11. ↑ Smith DNA Family Project Matched Grouping R-M269-84.