Person:Smith Sample (1)

Notes from Patrick Morgan Harrison (hamlet@@flash.net): Notes for SMITH HANSBROUGH SAMPLE: In the records of the County Court of Williamson Co., Tennessee (1821-1872), there is a record of a lawsuit between Smith H. Sample, plaintiff and Joel G. Childress, defendant, July 1831, convenant: p. 136, William B. McClellan & Carey A. Harrison - pl.v2, Smith H. Dample Def. April 1832, debt. William B. McClellan and Carey A. Harris are merchants under the name of Mcclellan & Harris. Also: Loose Records: Smith H. Sample vs Thomas G. Childress etal 1834, depostion by Thomas Hulme; in October 1830, William G. Childress loved on his plantation about 6 miles from Franklin and Joel G. Childress lived in Franklin. They are said to be brothers. William G.Childress has been sheriff of Williamson Co since April 1820. Smith H. Sample lived within a mile or two of Franklin in 1832. A deed on record in the Madison County Court House in Canton, Mississippi, recorded 17 Nov 1840, Daniel J. Sample (the elder) received $1269.87 from Susannah Sample for the purchase of slaves on 12 August 1838. He appeared in the Sumner Co., Tennessee court on 28 Dec 1840 to defend the same so Daniel J. Sample (the elder) was in Sumner county at that date. Perhaps he came to Mississippi to secure lodgings and then returned to Tennessee to collect his family but the closeness of the dates raises some questions. The will of Thornton Stark (Lawsuits #4319) Sumner County Archives outlines the family as follows: "In the name of God Amen. I Thornton Stark, being in feeble health, but in sound mind and memory, do make and ordain this my last will and testament as follows to wit: After paying all my just debts, my will and desire is that my beloved wife Sarah Stark shall have all my money and notes that may be on hand at my decease to do with and dispose of as she may think proper. (Item Second) Also all my land and negroes and property of every description during her life and at her decease my will is that Susan Sample shall have two hundred and twenty acres of land including the tract I now live on which is one hundred and ten acres and one hundred and ten more off the southern side of the land which I bought of the Lindseys running from East to West through the said tract - also the following negoes - namely Jacob and Ben and Whinny and Jane, and their children, and their increase and two bedsteads and furniture, one cupboard and cupboard ware. (Item Third) My old negro woman, named Suke; my will and desire is that she shall have her liberty and remain on the plantation on which I now live and have a support thereon, as long as she lives. (Item Fourth) I give to my niece Heathy _______ at the decease of my wife a negro girl named Angelina and her increase to be enjoyed by her and her children forever. (Item Fifth) I give to the wife of my brother John Stark, a negro girl named Judy and her child named Wilson and a negro man named Stephen to her and her children forever. (Item Sixth) I give to my neice, Sarah Stone a small negro girl, named Mahala to her and her children forever. (Item Seventh) I give to my three sisters, _______ Bynum, Elizabeth Shelton and Charlotte Stark, three negroes namely, Mary , Charlotte and Martha to be equally divided between them. (Item Eighth) I give to my Step Son, Smith Sample and his wife and children, a tract of land purchased from the ________ containing two hundred and forty seven acres to them and their heirs forever - also I give Ned and Cassid? and ________ and her four children and Lydia in the same _____ as I give the land. (Item Ninth) I give to Nancy, wife of Jared Sample, my step son-in-law and her children, a negro man named Cryus?, a woman named Mille and her child William and a boy named Manuel, also one hundred and fifty acres of land, off of the tract I bought of Thomas Stark's heirs and fifty more off the Lindsey Tract. (Item Tenth) I give to my step son-in-law Martin Shelton, and his wife Elizabeth, one hundred and ten acres of land - fifty off of the Thomas Stark's tract and sixty off of the Lindsey tract with the negroes named Phill and Sam to them and their heirs forever. (Item Eleventh) My will and desire is that at the decease of my wife Sarah Stark, that her children, Nancy Sample, Smith Sample and Susan Sample and Elizabeth Shelton shall be entitled to an equal share of all the stock, household furniture and crops and all other property not otherwise disposed of . Given unto my hand and seal this the thirtieth day of March, One Thousand Eight Hundred and Fifty. Thornton Stark (seal) Test: Robert Harper? and Jno. T. Therry? I Thornton Stark do make this my way of codicil to my last will and testement and wish it considered a part of the same to wit: My wish is that all the increase of the property therefore given away in my will that may accrue in my lifetime or after my death may go as the original was given in my said will - given under my hand and seal this twenty fifty day of October, one thousand eight hundred and fifty. Thornton Stark (seal) Test: Robt. Harper, Jno. T. Wherry?. The lawsuit that ensued was between the widow Sarah (Sally) Sample, her daughter Susan (Suky) Sample, the other children versus the sons and daughters of Thornton Stark's brothers. Alexander Stark, Thorton Stark's nephew contended (along with the others) that the Sample widow and family had exerted undue influence over an older man who was subject to epilectic-type fits, causing his to make changes in the disposition of property in his will. Some interesting information is gathered from the depositions taken during the suit: 1. At the time of the suit, circa 1855, Susan Sample Stark had only three daughters and two sons alive. 2. There was a "coldness" between Stark's blood relations and himself thereby causing Stark to leave the balance of his estate to the Sample family. 3. The Starks filed suit against the following: Sarah Stark, Martin Shelton and wife Elizabeth, Jerrand Sample, Susan Sample, Smith Sample and Wife Margaret, Susan Ellen, Mary, Caledonia, John, Daniel, Sarah Ann, and Margaret Sample 4. Depositions were taken (1857) from Cyrus P. Searcy in Batesville, Independence County, Arkansas, the husband of Thorton Stark's niece, Mehethalon? Searcy, and Alexander S. Searcy, their son. 5. Otheo Ogden gave a deposition that said he knew old man Stark since 1816 or 1817, lived about fifty miles apart, that they "married sisters." He refers to Sarah Stark as "Sally, his wife." Ogden says that "she [Sarah] had six children by her first marriage, before her marriage with Stark - there are no living children by second marriage. The children were young when she married Stark. All of them but one, lived with Stark until they married and went off - and one who died, shortly after the marriage of Stark." He goes on to say that "I have been living in Ky. about fifty year now, never lived nearer than fifty miles to Stark." "He did not raise all of his wife's children; he raised few of them; one died shortly after her marriage; the other Smith H. Sample, went to the blacksmith business shortly thereafter the marriage. In 1851, all of them had married off except Sukey who lived with him up to his death." "He [Stark] married about 1813-1814 in Logan Co, Ky. near me, and returned immediately to Tenn. Her [Sarah] first husband died. I think in Tenn. when she went to live with her father in Sumner Co., who moved to Kentucky - she going with him; afterwards Stark followed her there and married her." Ogden makes the statement that Smith Sample lived near to him. According to family tradition, when Daniel J. Sample (the elder) died in Canton, Mississippi, his brother Smith H. Sample sent his two sons Daniel J. Sample (the younger) and John Buchanan Sample to Mississippi in order to assist the widow Sarah Buchanan Sample with the estate. There is a deed of gift recorded in the Madison County records (M-75), received for record 31 Dec 1851, recorded 1 Jan 1852, as follows: "For and in consideration of the affection, affinity I Sarah Sample have for John B. Sample and Daniel J. Sample thereby make them a title to the following described negroes: Charles, a man about fifty years of age, Green, a man about twenty one years of age, Elizabeth, a woman seventeen years of age, Fanny, a woman fifteen years of age, Rebuken, a girl eleven years of age and Martha Ann, a woman twenty four years of age (Isaac, three years of age and Thossias, two years of age, Martha's children)." Daniel J. Sample (the elder) purchased land in Madison County from a Sheriff's sale: ". . . the said William J. Bailey, Sheriff as aforesaid on the 8th day of April, 1846, did offer the same for sale at the court house door of the County aforesaid to the highest bidder for cash, and Daniel J. Sample appeared and bid the sum of thirty cents per acre for said land making the sum in all of sixty dollars which was more than any other person did or would bid. By my calculations, that amounts to about 200 acres. A further transaction is recorded (K-577 19 August 1847)) in Madison County when Daniel J. Sample (the elder) purchased 608 acres for $4,000. He died in November 1847. There is recorded in Madison Co., Ms.,(M-664, 14 July 1853) the following power of attorney: "We Susan Sample, Smith H. Sample, and Elizabeth Shelton and Martin B. Shelton in sight of his wife the said Elizabeth do hereby nominate and appoint Thomas B. Sample our attorney in fact to demand receive for us from one Mrs. Sarah Stone (formerly Mrs. Sarah Sample) and any other person having possession or liable for the same whatsoever may be entitled to in the administration of the estate of Daniel J. Sample . . . ." Also J. J. [Jared J.] Sample and his wife Nancy A. Sample appoint Thomas B. Sample as their power of attorney for the same purchase against Mrs. Stone., 12 Nov 1851 - dated Huntsville, Ala. On 21 February 1851, Smith H. Sample, in Gallatin Tennessee, signs a deed selling to John H. Stone for $1200 a tract of land formerly owned by D. J. Sample. The deed was recorded in the Madison Co., Ms. Court House (O-316) on 16 Apr 1857. On 25 June 1852, John H. Stone advertised to "Smith H. Sample, Nancy Sample, Susan Sample and Elizabeth Shelton and all others . . ." for the sale of land in right of his wife, administrator of said deceased [D.J. Sample]. On 17 Dec 1853, John H. Stone advertised in the newspaper on behalf of his wife to "Smith H. Sample, Susan Sample, Elizabeth Shelton and Martha B. Shelton, heirs at law of Daniel J. Sample, deceased" for allotment of the dower and legal portion of the real estate of D. J. Sample, deceased

More About SMITH HANSBROUGH SAMPLE: Occupation: Blacksmith