ANDREW SMITH and ELIZABETH KERR
of Scotland and Orange County, North Carolina

ANDREW SMITH
Parents: Unidentified
Birth: 1740-1750 (estimation) / Bef. 1755 (census-based)
Birth Location: Unknown, of Scottish ancestry
Occupation: Farmer (probably)
Military Service: Unknown, there are multiple men of this name serving in the Rev. War.
Death: After. 1812
Death Location: Unknown, probably Orange County, NC or Sumner County, TN

ELIZABETH KERR
Parents: James Kerr and Unidentified 1st Wife
Birth: 1745 – 1753 (calculation/estimate) / Bef. 1755 (census based)
Birth Location: Unknown, of Scottish ancestry
Marriage to Andrew Smith: Unknown Date probably about 1772 in North Carolina
Smith Children: Yes
Death: After 1800
Death Location: Unknown, probably Orange County, NC or Sumner County, TN

SMITH CHILDREN: 9
Identities verified through depositions and letters associated with a court case.
1.) MARY SMITH: born 1773NC – died 1846MO (m.1791 NC) Robert Guthrie minister/farmer +children
2.) JANE SMITH: born 1775NC – died 1859TN (m.1791 NC) James Guthrie farmer +children
3.) WILLIAM SMITH: born 1775-84NC – died bef.1862 – married, but no children
4.) ROBERT G SMITH: born 1780NC – died 1855IN farmer (m.1797 NC) Elizabeth McMunn +children
5.) JAMES SMITH: born 1781-90NC – died 1840NC (m.1813 NC) Lucy Harris +children
6.) ANN SMITH: born 1784-93NC – died bef.1862KY (m.1809 TN) William Orr +children
7.) ELIZABETH SMITH: born 1785NC – died 1856TX (m.1812 TN) Adam Beard +children
8.) JOHN A. SMITH: born 1788NC – 1862TN – never married, no children
9.) ANDREW G SMITH: born 1795NC – 1872TN minister/farmer (m1. 1813NC) Mary Johnston +children; (m2.1841TN) Harriet Jane Patton +children

A MAN NAMED SMITH

Our ancestor Andrew Smith was of Scottish ancestry. The prime of his life was spent in Orange County, North Carolina where his children were born and raised on land along Back Creek near the Haw River in years before and after the American Revolution. Snippets from descendants and appearances in county documents provide the few details known about his life, but Andrew Smith’s birth origins in Scotland or Colonial America are not found in any original documentation. His wife’s name is found in ‘The Kerr Family History Project’ provided by a typed transcription of an old family letter. Elizabeth Kerr was the daughter of James Kerr Sr and his first wife, whose identity is unknown. The Kerr family was also of Scottish origin, but it is implied that his second marriage took place in Ireland, and that the children born to Kerr’s second wife were Scot-Irish. There were 3 Kerr sons and either 3 or 7 daughters. They left Ireland for Pennsylvania prior to the American Revolution, and eventually made their way south to Orange County, North Carolina where one of the Kerr properties was located on Back Creek.

It is unknown whether Andrew Smith arrived directly in North Carolina as an immigrant or if the Smith family previously resided in another British American colony prior to setting there. His first documented appearance in Orange County, NC came in 1771 with the purchase of a cow at an estate sale. Contrary to the timeline provided by some faulty dates, Andrew Smith was probably a young man at this point just getting started. About that time he met and married Elizabeth Kerr. That opportunity most likely came when both of them were living in the area of Back Creek in Orange County, NC.

The eldest of the Smith children was born in 1773. There were 9 siblings in the family, and their names and number are detailed in legal documentation in depositions, affidavits, and family letters compiled in a Giles County, Tennessee court case in 1862: Andie Smith & Others vs. the Heirs of Robert G. Smith.

MISIDENTIFICATION PROBLEMS

Chances are that you may have different dates of birth and marriage listed for Andrew Smith and Elizabeth Kerr listed in your Family Tree. The misinterpretation of a birth year appears to have caused a trickledown effect for the estimated dates for all other family members leading to a series of faulty conclusions. We’ve been looking in the wrong place at the wrong time for answers about this family.

The Kerr Family History Project attached specific birth years to James Kerr and his children. The claim was that James Kerr was born in Glasgow, Lanarkshire, Scotland in 1710. It listed his daughter, Elizabeth Kerr, as being born in 1731 or 1732. Other than her marriage to Andrew Smith of Orange County, NC the project members ‘lost track’ of Elizabeth and her descendants, providing no details about the Smith family. One important clue is the project’s listed birth date for James Kerr Jr in 1734 even while acknowledging that the death age listed on his tombstone calculates to a birth year of 1754.

This red flag appears to have been ignored in favor of the birth date in the 1730s. The source info was a typed copy of an inherited family letter. Did the letter include a typo listing a date in the 1730s? Was the ink smudged? Did the 5 look like a 3? The answer to all of those questions is “unknown”. The important thing is that there is more data available now to show that 1754 was the more appropriate date, and that other evidence shows Elizabeth Kerr was probably born just a few years prior to her younger half-brother. Like James Kerr, Jr, she was not born in the 1730s.

Initially going with the 1730s dates, those of us on the Smith side of the equation realized the numbers looked wonky, but mistakenly concluded that there must be a missing generation or a second marriage involved. Some documents seemed to fit our scenario, but further research shows those conclusions to be wrong.

Some thought that Andrew Smith and Elizabeth Kerr must have married in Scotland, although there is no evidence on the Smith side of the family that this was the case. There is indeed a marriage record with a couple of the same names, Andrew Smith (of Arbroath) and Elizabeth Kerr (of Dundee), who married in Dundee, Angus, Scotland in 1752. There is also one at the same location in 1813 for an Andrew Smith and Elizabeth Carr, showing how easy it is to accidentally come across people with the same names. An examination of birth/baptismal records for the 1752 couple’s children shows they do not match the 9 Smith Siblings from Orange County, NC. These dates and records do not apply to Andrew Smith and Elizabeth Kerr of Orange County, North Carolina as parents of these nine children.

The belief that our Andrew Smith and Elizabeth Kerr were born in the 1730s also caused further confusion about whether or not Elizabeth was the mother of all 9 Smith siblings. The first of the children was born in 1773 and the last in 1795. The Smith v Smith lawsuit never identified the parents of the siblings by name, which left it open for interpretation. A woman born in 1730 would be very unlikely to conceive and give birth at 65. As a consequence, many trees now list a second wife for Andrew.

Elizabeth was much younger than first believed placing her within an appropriate age range to be mother to all. This eliminates the ‘Missing Generation Theory’ and potentially eliminates the ‘Second Wife Theory’. More on that below.

AGE CALCULATIONS

One age marker for Elizabeth Kerr is the 1800 census of Orange County, NC listing the inferred spouse of Andrew Smith in the 45 and over age category, This indicates she would have been born prior to 1756.

Elizabeth Kerr was reportedly the only child of James Kerr Sr by his first wife, and therefore older than her younger half-brother James, who was born in July 1754 according to the death date and age given on his tombstone. He was the oldest of the children born to the second wife. This narrows Elizabeth’s age range. She would therefore have been born prior to 1754.

If Elizabeth is indeed the mother of all 9 Smith siblings, and she was no younger than 13 at the birth of her first child in 1773, and no older than 50 at the birth of her last child in 1795, her estimated birth range would be between 1745 – 1760. Since we know that she would have been born before 1754, that range is narrowed to 1745 – 1753. Considering this much younger age range, there is no reason Elizabeth could not be the biological mother of all 9 Smith children.

Technically, the only document from which Andrew Smith’s age can be calculated is the 1800 census, also listing him as 45 and over, or born before 1756. Chances are that he was of similar age, or slightly older than Elizabeth Kerr. Likely closer to 1740-50 than the original.

MORE MISIDENTIFICATION ISSUES

Another challenge for Andrew Smith is that he is not the only man by that name living in Orange County, NC at about the same time. The county was also much larger than it is today encompassing territory that includes Orange, Caswell, Person, Alamance, Durham, Chatham, and Wake. The loss of Orange County records in 1781 and 1789 has left a gap that remains unrecoverable.

Because it was at one time theorized that Andrew Smith had a second wife, the Orange County, North Carolina marriage between Andrew Smith and Hannah Bracken on 10 Nov 1781 has also been attributed to our Andrew Smith by some descendants. Research into the county land records reveals this is not the case. There is a clear delineation between the Andrew Smith who resides near the Bracken family and the Andrew Smith who resides near the Kerr family and other relatives.

One group is near Back Creek and the Haw River, including Boyds and Stagg Creeks. These are near land owned by James Kerr, John McMinamy, and the McMunn family. All names associated with Smith-Guthrie-Kerr relations. The other group is near Stony and Deep Creeks, which is near the Bracken properties.

Hannah Bracken was the reportedly the daughter or granddaughter of William and Elizabeth (Gillehan) Brackin. Both were born in Delaware, and removed to Orange County, North Carolina. Andreus/Andrew Smith married Sarah Gregg at the Old Swedes Church in Wilmington, DE in 1755. They reportedly had a son named Andrew and all removed to Orange County, NC. Descendants claim Hannah Bracken as their ancestor. Did their families know one another in Wilmington? The DE connection in combination with the fact that the Bracken land entries are along Stony Creek and nearby waterways suggests that Hannah Bracken married this ‘other’ Andrew Smith.

SPECULATION ABOUT ANCESTORS

Naming patterns tell us that Andrew Smith’s father was most likely a William Smith since that was the name of his eldest son. Andrew Smith owned property next to a William Smith, but the relationship is undefined.

The name Andrew Smith is by no means a unique way of finding him, especially if he was younger than original believed. He may have been a member of his father’s household in earlier years and not appeared on Tax Records as a Tithable or named party. The reason he may not show up in Orange County records until that first purchase of a cow in 1771 is that he was not yet old enough to be there.

Still, it doesn’t hurt to explore the records as long as they are reviewed for reasonable connections rather than convenient ones. We don’t know if Andrew Smith was born in America or back in Scotland. If he was born in Scotland, a review of the Old Parish Registers for Birth and Baptism is appropriate. Looking at all of Scotland and using the narrowest estimate birth year range of 1740-1750, there are 57 infants named Andrew Smith whose births and baptisms have been registered during that 10-year period. Those who believe that his birth was in Angus because of the 1752 misappropriated marriage record, a look at Angus records for the same period still show 10 results. Too many to cherry-pick a set of parents without other evidence.

There is really no point of delving into the Scottish records until more details can be confirmed about Andrew’s family on this side of the Atlantic. Do any of the records suggest that he was born in America versus Scotland? If his father was a man named William Smith and he was indeed born in Scotland, that drops the potential OPR births of Andrew Smith infants from 57 to 2. Could his birth have been in one of the other colonies? Evidence is currently lacking, but could be out there to find.

THE 9 SMITH SIBLINGS
The good new is that there is no doubt as to the identity of the 9 Smith siblings. They are all named in an 1862 Smith vs. Smith lawsuit along with their spouses and children: Mary ‘Polly’ (Smith) Guthrie, Jane (Smith) Guthrie, William Smith, Robert G. Smith, James Smith, Ann ‘Annie’ (Smith) Orr, Elizabeth (Smith) Beard, John A. Smith, and Rev. Andrew G. Smith.

THE LAWSUIT:
THE CASE of ANDIE SMITH & OTHERS vs. THE HEIRS of ROBERT SMITH

SITUATION:
John A. Smith died intestate in 1862 leaving no wife or children. Andrew Smith is seeking shares of the estate of his brother John A. Smith, but has had no contact with brother Robert Smith’s family. Therefore, he plans to split the $ with other descendants. To do this, he and others have contacted family members, collected letters and depositions. This is a great source for Who’s Who amongst the Smith descendants.

THE SMITH PARENTS and NAMING PATTERNS:
Both parents are dead by 1862. Despite all of the detailed family information in this particular case, the parents of the 9 Smith siblings are never named. What we do have at the moment, is a common use of the names Andrew, Kerr, and Harvey.

Mary (Smith) Guthrie, Elizabeth (Smith) Beard, Jane (Smith) Guthrie and James Smith used the name “Andrew” or “Andrew Smith” as a first & middle name for their children probably named after grandfather Andrew Smith. All of the Andrews were born after 1795 when Andrew, the youngest of their siblings, was born in Orange NC. Could they be named for him instead?

The Kerr name crops up in several places. The Kerrs intermarried with other family lines that tie into the Guthrie line, but most of them after the 2nd generation is born. Kerr is used as a middle name by Mary (Smith) Guthrie for her daughter Nancy Kerr Guthrie, possibly by Jane (Smith) Guthrie for her youngest daughter whose middle initial is “K”, by Elizabeth (Smith) Beard for her daughter Sarah Kerr Beard.

The name Harvey is also used frequently as a first or middle name: Andrew’s son Harvey A. Smith, James’ son Andrew Harvey Smith, Jane’s sons William H. and Andrew H. (possibly Harvey) Guthrie, Mary’s son Andrew Harvey Guthrie. The exact connection of the name Harvey to either the Smith or Kerr ancestral line remains undiscovered.

CHILD 1: MARY SMITH:
Thanks to the kudzu vine that is my family tree, I am a descendant of sisters Mary and Jane Smith, who married Guthrie brothers, so my research into their Guthrie descendants has been extensive. 

Mary was born in 1773 in North Carolina [Source: Census Records & Family Info]
Mary Smith married Robert Guthrie (son of James & Elizabeth (MNU) Guthrie) in Hillsborogh, Orange County, NC on 29 Jan 1791. Their bondsman was Andrew Smith. [Note that in 1791, Mary’s youngest sibling Andrew was not yet born, so this Andrew Smith is assumed to be her father.]

Mary & her new husband headed west and spent the first year of their marriage in Eastern Tennessee near Jonesboro. They moved further west into Middle Tennessee and settled on the Robertson/Sumner County, TN border in the area known as the Ridge or the Highland Rim.

Their children: 
1.) Anna Guthrie married William Burney. They lived in Robertson County, TN.
2.) James Smith Guthrie moved to Alabama and later to Texas. He married Lethe Burns.
3.) Andrew Harvey Guthrie married twice: Jane Stewart Kirkpatrick and Margaret Stewart Kirkpatrick. He lived in Perry County, TN
4.) Robert Wesley Guthrie of Sumner County, TN married Nancy Foster
5.) Eli Guthrie married Eliza Caldwell and moved to Missouri. The move to MO prompted his parents, some siblings and cousins to follow. He drowned in the Missouri River. 
6.) Elizabeth Guthrie married George Wills. They made the move to MO.
7.) Sarah Guthrie married Thomas Culbertson. They made the move to MO. Widowed, Sarah later married Abram Cash.
8.) Mary Harriet Guthrie married Mathew Wills. They made the move to MO. Widowed, Mary Harriet married Frank Moss. Widowed again, she married the widower of her deceased sister Sarah, Abram Cash.
9.) Jane Guthrie married James Capper. They also moved to Missouri.
10.) Allen Washington Guthrie moved to MO with his parents. He married Elizabeth Young in Calloway County, MO.
11.) Nancy Kerr Guthrie moved to MO with her parents. She married Daniel Culbertson in Chariton, MO

The depositions in the Andie Smith v Robert Smith Heirs mentions some children, leaves others out. Lists a few grandchildren.

Andrew Smith referred to Mary as ‘Polly’ in his correspondence with her family.

Mary (Smith) Guthrie died in 1846 in Keytesville, Chariton County, MO.

The Case: Initially, Wesley Guthrie is the only known heir to Mary (Smith) Guthrie. Andrew’s Notes: “Robert Guthrie married to Polly Smith. One of their sons Robert H Guthrie post office Gallatin Sumner Cty Ten. Also AH Guthrie post office St Joseph MO. [Note: That should be Robert W. not Robert H.]

Depositon of Andrew Smith (1868): “Mary married Robert Guthrie & he died in Missouri I think he had a numerous family & many of them are dead – the oldest one was named James. He is dead, but left children I think no more than one or two, do not know their names, he died I believe in South Alabama. I do not know the county. Andrew, another son of Robt & Mary Guthrie was drowned in the Ohio River about ten years ago. I do not know whether he had any children or not. Wesley Guthrie a son of Robt & Mary Guthrie was married, had a family of children & lied in Sumner County TN the last acct I had of him, which was some 10 years ago, there was several children of Robt Guthrie whose names I do not know.”
[Note: R&M’s son Eli was the one who drowned. Son James lived in AL, but died in TX]

Extract from Letter of Allen W. Guthrie to Andrew Smith (16 Dec 1869): I believe I once saw Uncle John (Smith) at my father’s when I was a small boy. The family connection beginning with my father’s family: My father was Rev Robert Guthrie of Sumner County Tenn. My mother’s maiden name was Mary (or as you say Polly) Smith. They were married in North Carolina and removed to Tennessee before 1795. They lived on the Ridge near the Old Ridge Meeting House where I was born. They removed to Chariton County MO in 1831 where they died – he in 1843 and she in 1845. They had 11 children who lived to have families.”

Rev. James Smith Guthrie died in TX some 16-17 years ago leaving a son Robert Burns Guthrie and 2 or 3 daughters. They are or were in NW Texas. Anne married William Burney of Robertson County, TN. Died leaving several sons. Her eldest: Rev S.G. Burney DD Oxford MS. Andrew H. Guthrie died about 3 years ago I suppose in Perry County TN leaving a pretty large family bu I know little of them. Robert W. Guthrie Sumner County TN his post office is Gallatin. Sarah married Thomas Culbertson both died in Chariton MO and I think all their children are dead but there are probably some grandchildren. Rev. Eli Guthrie died in Carroll County MO. Children and wife all dead. Two or three grandchildren by the name of Perkins. Elizabeth married George Wills of Robertson TN died in Chariton MO left several children all dead but one and several grandchildren living whose parents are dead. Address James M Gardner who married the oldest daughter, Keytesville MO. Harriet married Matthew Wills of Robertson TN both died in Chariton MO leaving 1 son and several daus some of whom are dead leaving children. Address the son Rev R.H. Wills Atlanta MO. Jane married James Capper in Chariton MO both dead leaving 1 dau Sallie Capper. She is of age and unmarried, Keytesville MO. Nancy the youngest married Daniel Culbertson in Chariton County MO where they both live. These with myself make the eleven only three of yet living. For 20 years I have lived more than 100 miles from them.”

CHILD 2: JANE SMITH:
Jane Smith was born in 1775 in Orange County, NC [Sources: Census Records & Family Info]
Jane married James Guthrie (son of James & Elizabeth Guthrie) on 25 Feb 1791 in Orange County, NC. Their bondsman was Andrew Smith (presumably Jane’s father).
The marriage bond uses the spelling ‘Jeane’ and ‘Jane’. All case documents use ‘Jane’.
Like their siblings who had married 1 month before, James & Jane moved west into TN. It is unknown if they stopped in East TN or if they went straight to Middle TN to settle on the Robertson/Sumner County border.
James & Jane (Smith) Guthrie lived out the remainder of their lives in Sumner County, TN.

Marriage Bonds of Orange County, NC
Guntrie, James       Jeane Smith            25 Feb. 1791    Andrew Smith
[[4 years before her brother Andrew’s birth. The Andrew listed as bondsman is likely to be Jane’s father.]]

Thier children:
1.) James Guthrie died during the War of 1812 having never married
2.) Robert Guthrie married Aseneth Motheral and lived in Wilson & Sumner Counties, TN
3.) David Guthrie died 1820-1840. The depositions suggest the 1820s. Uncertain about wife or kids.
4.) Elizabeth M. Guthrie married James Martin and they lived in Wilson County, TN
5.) Sarah ‘Sally’ Guthrie married David S. Kerr. They lived in Maury County, TN
6.) Joseph Guthrie married Mary McNeely. They were living in Wilson County, TN in 1850 next door to sister Elizabeth Martin.
7.) William H. Guthrie married Emily Cole. They made the move to Missouri with William’s Guthrie cousins.
8.) Andrew H. Guthrie married Emily Wright. Sumner County records differentiate him from his cousin Andrew Harvey by using initials A.H.
9.) Eunice Jane Guthrie married Alexander Latimer. They moved to Abingdon, IL
10.) Anna Martha Guthrie married Richard Pond who provided depositions in the case. They lived in Sumner County, TN.
11.) Lorena K. Guthrie married Elvis Harder in Sumner County, TN

Based on a Sumner County Mortality Schedule, Jane Guthrie may have died in Nov 1859. She is listed as ‘Jennet Guthrie’. The age is appropriate.

The Case: Initial report lists William, Robert & Wesly Guthrie as descendants of Jane (Smith) Guthrie. ‘Wesley’ is actually Mary’s son.
Andrew’s Notes: James Guthrie married to Jane Smith. One son named William Guthrie post office not known TN or MO. Andrew H Guthrie post office Gallatin, Sumner county, their sister Sarah married David Kerr, lately dead. Her husband lies near Spring Hill, Maury County.

Extract of Deposition of Andrew Smith (1868): “Jane married James Guthrie they lived & died in Sumner County Tennessee leaving a numerous family of children a good many of whom are dead – the names of the living children as far as I know are as follows: one daughter named Jane I do not know her residence, one named Wesley who lives in Robertson County, I think, KY, one son named William who now lives in MO do not know the county, one daughter named Sarah who married to David Carr & live in Maury County TN. There are other children, but I do not know their names or places of abode.”
[Note: Andrew is mixing up his sisters’ children just a bit. Wesley belongs to his sister Mary. The probable confusion is that he remained in TN rather than going to MO with many of the other family members.]

Extract from letter of Allen W. Guthrie to Andrew Smith (16 Dec 1869): “Uncle James and Aunt Jane Guthrie raised their family in a mile of our place in TN where they died leaving a large family. For information of them address their son Rev. W.H. Guthrie, Clarkton MO or my brother Robert W. Guthrie, Gallatin TN.”

Extract from letter of R.W. Guthrie to Andrew Smith (Dec 1870): “Brothers & sisters are all of age. James S, Andrew H and Eli Guthrie are dead. Also Sarah Culbertson, Harriet and Betsy Wills, and Jane Copper are dead. Sister Nancy Culbertson, brother A.W. Guthrie and myself are alive. All living and dead have heirs more or less. My father and mother are long since dead.”

Extract of Deposition of Richard Pond (25 Sep 1873): “I am 65. I have lived in the 18th Dist Sumner County TN 45 years or more. I was acquainted with (James & Jane Guthrie), they both died before 1862. Daus: Elizabeth Martin, still living. Sarah Carr, still living. Son William H. Guthrie died in Dec 1872, residence MO, left a wife & several children. R.H. Guthrie, living and residing in Sumner TN. Mrs Richard Pond, a daughter of J&J died 12 Dec 1862, leaving 8 children. Robert Guthrie, son of J&J died before 1862. Mrs Latimore, another dau, dead about 20 years. Mrs L Harden, another dau, dead about 15 years. Joseph Guthrie, another son, dead about 20 years. David and James, two other sons, died about 40 years ago. The rest of the children I was not acquainted with but know they died before 1862. Mrs Annie Pond left 8 chilren at her death in 1862: WG, John S, SF, AJ, James R, Sarah A, EA, and TE Pond all of whom live and reside in Sumner County, TN.

Extract of Deposition of Richard Beard (22 Sep 1873): “I am 74 and have resided in Lebenon, TN since 1854. I knew James Guthrie and his wife Jane from about 1812, intimately a few years, but less frequently till their death. They resided in Sumner County, but have been dead a number of years; how many I could not say positively, but certainly died previous to 1862.”

CHILD 3: WILLIAM SMITH:
Two different sources within the case documents indicate that William Smith never had any children. His brother Andrew Smith stated that William married, but was without heirs. Niece Sarah K. Maxwell, in a letter to her Uncle Andrew, inquired about William. She stated that her brother Richard Beard told her William was very old, and a batchelor and was rich, and wondered if he was alive or dead since she was supposed to receive a share of his estate.

A William Smith is listed as a Bondsman to Elizabeth Guthrie (daughter of James & Elizabeth (MNU) Guthrie) & Robert Patton for their Orange County, NC marriage dated 28 July 1803. James Guthrie died in 1801. Elizabeth’s 2 brothers had married William Smith’s sisters Mary and Jane Smith and they had moved from Orange County in 1791. So, perhaps, their brother William was close enough to act as a male relative on Elizabeth’s behalf on this marriage bond. If this is the case, William Smith was still in Orange County in 1803.

US Census Records of Orange County, NC reveal the following:

1790: There are 3 William Smiths listed for Orange County in the 1790 Census. These are pulled from local tax records. Caswell County had already separated from Orange (encompassing current day Caswell and Person Counties. Alamance and Durham counties were still part of Orange. [Check out my story on ‘Smith Records of Orange County, NC’ to see the physical location of the Smith lands]

1800: 3 William Smiths
                  Household #1= 1M 16-25, 1F 16-25 [Est DoB = 1775-1784]
                  Household #2= 1M 26-44, 1M 10-15, 1M <10, 1F 26-44, 5F <10 [Est Dob = 1756-1774]
                  Household #3= 1M 26-44, 1F 16-25, 1F <10, 1 slave “William Smith of Rob” [Est DoB = 1756-1774]
Notes & Theories: If the William Smith from Elizabeth Guthrie’s 1803 marriage bond was this one, we can presume he was in Orange County for the 1800 census and should be listed above. Depositions indicate that William was married, but had no children.

If you base William’s estimated Date of Birth on Andrew & Elizabeth (Kerr) Smith’s listed 1752 marriage, the William Smith from Household #2 or #3 would be a match for one of their first children. However, there are clearly children listed for Household #2, which is also listed next to a Jeremiah Smith of whom no connection is known. The same for Household#3, for which that William is listed as being the son of Rob/Robert. 

That leaves the William Smith from Household #1. The age range fits closely with that of sisters Mary & Jane. There are no children listed in the household making William #1 the better match, especially since William is believed to be in Orange County at least until 1803. If William #1 really is one of the nine siblings, it makes me wonder about the nearly 20-yr gap between A&E’s 1752 marriage and the majority of their childrens’ births. Something is definitely wrong with those dates.

1810: 3 William Smiths (2 Williams and 1 William L.)
                  Household #1= 1M 26-44, 2M <10, 1F 26-44, 3F <10 [[Est DoB = 1766-1784]]
                  Household #2= 1M 45&up, 1F 45&up [[DOB= prior to 1766]]
                  Household #3= 1M 26-44 [[DOB=1766-1784]] “William L.”
Notes & Theories: Household #1 includes children. Probably a match for Wm#2 from 1800 census. Household#2 is a childless couple, but the dates don’t correspond to the childless couple in Household #1 from 1800. Household#3 matches closely for DoB range to Wm#1 from 1800, but there is no wife. Perhaps William was a widower by 1810.

1820, 1830 & beyond: After 1810, there is no indication of a William Smith living on his own or with a wife only. All other William Smiths seem to have large families with young kids. William might have moved out of Orange County or might be living in someone else’s house.

Notes & Theories: The case depositions do not shed any light on where William Smith lived out the remainder of his life. His brother Andrew was his only surviving sibling at the time of the depositions and he merely indicated that William was dead. Of William’s 8 siblings, 7 are known to have emigrated from NC to TN. The other, James Smith, remained in Orange County, NC.

CHILD 4: ROBERT G. SMITH
The (Unknown) Heirs of Robert Smith are the defendants in the case organized by Andrew Smith after the death of John A. Smith. Very little is known about Robert based soley on the depositions:

• The last account Andrew had of the family of his brother Robert Smith was from some 15 years ago (about 1853) near Vincennes, Indiana. [NOTE: Vincennes, Knox County, Indiana]
• Robert’s oldest son was named James
• Robert had a ‘large family’, but he doesn’t know the names or wherabouts of any other children
• The letter “G” is used as a middle initial, presumably by Andrew, “Robert G Smith I have not from him or none of his family
• According to Richard Beard (stepson of Robert’s sister Elizabeth (Smith) Beard), Robert Smith moved from East Tennessee to Indiana about 1816, and “is no doubt dead” (by 1862).
• Robert Smith was seen by James P. Smith in 1839. Robert lived in Indiana.
  US Census records reveal the following:
  1790: Orange County, NC: 1 Robert Smith enumerated, no family details
  1800: Orange County, NC: 2 Robert Smiths
  Household #1 = 1M 45&up [[DOB = 1755 or before]], 1M 16-25, 1M 10-15, 1F 45 & up, 1F 16-25, 1F10-15
  Household #2 = 1M 16-25 [[DOB = 1775 – 1784]], 1M <10, 1F 16-25, 1F <10
  Notes & Theories: Keep in mind that a DoB of < 1755 would make Robert almost 40 years older than his youngest sibling Andrew. Again the fishy dates. Technically, Robert#1 would fit in as a son of Andrew & Elizabeth (Kerr)’s post-1752 marriage. There is already a large family ensconsed here in 1800, so the fact that only 1 son in known by Andrew would be a little bit of a surprise. So Household #2 is possibly a better choice, but a little on the young side considering he’s supposed to be an older sibling to Mary & Jane. The Knox, IN census may clear some of this up, suggesting that Robert Smith may actually be NEITHER of those listed above. He might have already been gone from NC in 1800.

1810 – 1839: No clear indication of Robert Smith on the census. He is supposedly in Eastern TN and then living in Indiana by 1816.

1840: Knox County, Indiana: 1 Robert Smith enumerated
Household #1 = 1M 70-79 [DOB=1761-1770], 1M 20-30, 1M 5-9, 1M <5, 2F 20-29, 1F 15-19
Notes & Theories: There is a good chance that this is the appropriate Robert Smith. Depositions indicate that he was alive in 1839, one year prior to this census and that he made his home near Vincennes, which is in Knox County, Indiana. The age range for Robert is also appropriate as an elder sibling of Mary & Jane.

1850: Knox County, Indiana: No Robert Smiths listed for the county suggesting that he died between 1840-1850.
The Case: Deposition of Andrew Smith, “The family of Robt Smith did live the last account he had of them some 15 years ago near Vincenes Indiana that his oldest son was named James, the names of any of the balance of the children of Robt Smith deponent does not know. Neither does he now know the residences of any of sd children.”
Update: A descendant of Robert Smith (1780-1855) of Washington, IN reports he believes that his Robert Smith is the sibling mentioned in this case. Robert Smith married 1st Elizabeth McMunn in Orange, NC in 1797, and 2nd Elizabeth Manley in Washington, IN in 1841. Children: James, Mary B., Andrew, Celia, Jane, Henrietta, Betty, William L., Ann, George Madison, John and Robert. These children were born in NC, TN or IN. Naming patterns and residences suggest a match. [Note: There are now multiple autosomal DNA matches between me and the descendants of Robert G. Smith and Elizabeth McMunn.]

This also updates the vital stats for Robert G Smith as he was living in 1850 in Vernon, Washington, IN, aged 70, making his DOB about 1780 in NC, and his DOD after 1850. The exact DOB/DOD are also given as 11 May 1780 and 18 Nov 1855.

CHILD 5: JAMES SMITH
James Smith apparently lived his entire life in Orange County, NC. One would think that might make him easy to find on the census records. He is the only sibling who is known to have remained in Orange County, NC. According to depositions, James Smith died about 1840. His wife was Lucy W. Harris. He left children: Andrew H. Smith, James M. Smith, Elizabeth Wells, Hela B. Brooks, Harris J. Smith, Sarah J. Monk, Graham Smith.

US CENSUS RECORDS, Orange County, NC
1790: James would be <10 and thus would not be on the Census/Tax Records since he isn’t a Head of Household.

1800: No matches for James Smith in 1800 suggesting he was still underage and/or living with his parents (10-19yrs old)

1810: One James Smith listed. 1M26-44, 1F26-44. James didn’t marry Lucy Harris until 1813, so this is probably not him. As an unmarried man of 20-29, James was probably still living in his father’s household. Based on marriage records, there is another early James Smith marriage, this one to an Anne Boone on 2 July 1796. If they remained in Orange County and were childless, it could be them. (Probate records show that James died File of James Smith, l826, widow Anna.  James died l7 January, l826, intestate. So that couple would probably be listed in 1820, but not 1830 census)

1820:  
There are two James Smiths in the Orange County Census. By 1820, James has been married for at least 7 years and has 2 known children: Sarah and Elizabeth.
Household #1 100010301001
 1M 26-44, 1 F 26-44, 1M<10, 3F <10 (1 foreigner not naturalized)
 [[DoB=1776-1794]]
Household #2 400010000202
 1M 26-44, 2F 26-44, 4M<10 (2 foreigners not naturalized)
Notes: Both men fit the appropriate age range for James Smith. 
Household #1 more closely fits the profile for our James. There are 4 children born <1820. The 2 girls we know about, b.1815 & 1818, would be listed here. That leaves 1 boy and 1 girl <10 years of age. Andrew Harvey Smith was born ‘about 1822’, so if the est date was off by 2 years he might be the boy listed here. Who’s the other girl?
Household #2 includes 4 boys <10 and no girls, which does not fit the profile. (Possibly the James who m. Anna Boone)

1830: 
There are 2 James Smiths listed for Orange County, NC. 1 is a ‘Free Colored’ household. The other is: 1200001000000102001000
1M40-49, 1F30-39, 2 M5-9, 1M<5, 2F10-14, 1F<5
[[DoB=1781-1790]]
The DoB fits the profile for this James Smith. 
There are 6 children listed: 3 boys and 3 girls. This also fits James’ profile. Sarah (1815), Elizabeth (1818), Andrew Harvey (~1822), James Morgan (aft1822), Harris (1824), Helah (1829) were all living. Last child William Graham not born until 1838.
No evidence here of the 1 unknown girl who was enumerated in 1820. 

1840 Federal Census
James Smith:  There are 2 James Smiths listed for the county. 1 is the head of a “Free Colored” family, the other is likely this James.
1M 50-59 [DOB = 1781-1790]
2M 15-19(1821-1825), 2M 10-14(1826-1830), 1M <5 (1836-1840)
1F 50-59 (1781-1790)
1F 40-49 (1791-1800), 1F 30-39 (1801-1810), 1F 10-14(1826-1830), 1F 5-9(1831-1835), 1F <5 (1836-1840)

Notes: James daughter Elizabeth married before 1840. His daughter Sarah, born in 1815 and still single, would be living here, but does not fit the age range of any female. Presuming the female of 40-49 is James’ wife, there are 3 extra females (30-39, 10-14, <5) and 1 extra male (10-14) in the house. Could this be a widowed daughter (assuming the unknown girl from the 1820 census is this one), daughter-in-law (probably not d/t age), or younger sister (no…all of his sisters are accounted for), or sister-in-law (unknown). OR this is not the appropriate James Smith. There is no evidence of such a daughter listed in the Case records.

The Case: Many heirs are unknown at the beginning of the case. Children living in June 1862: Andrew H. Smith of NC, James M. Smith of NC, Elizabeth Wells of NC (wife of Elisha Wells), Helah B. Brooks of Arkansas (wife of David Brooks), Harris J. Smith of Arkansas and Sarah J. Monk of Georgia (wife of Silas Monk).

Harris J Smith died shortly after his Uncle John leaving no children or widow having never married. Andrew H. Smith also died leaving 2 children: James C. Smith and William Smith.

Later notes by Andrew “James Smith his family all heard from – Sarah Monk and Others.

E. Edmundson’s Affadavit: “Well acquainted with John Smith and with his brother Andrew Smith and his wife. Also with Sally & Graham Smith, children of a deceased brother of the said John Smith. Do not know the name of the father – never knew their father. They came to the neighborhood of Bethel (~1856). Sally married a man by the name of Monk, living in AL. I have not heard from Graham since the war. I do not know if they had brothers & sisters, but think they had not. They came to live with their uncle.”
[[Note: Sarah was James’ eldest daughter, unmarried in 1850, and Graham was his youngest son. In 1850 Dallas, Arkansas, Harris, Helah, Sarah & Graham were living on their own together. Helah soon married David Brooks, a widowed neighbor. By the next census year, Harris was living on his own.]]

Helah B. Brook’s Affadavit: Confirms she is the daughter of James Smith. Living in Dallas County, Arkansas. Her father, James died in Orange County “about 1840”.

Sarah J. & Silas Monk’s Affadavit: Of Paulding County, Georgia. Includes power of attny for James M. Smith of Caswell, NC, Andrew H Smith of Orange, NC, and by EL & Elizabeth Wells (nephews & niece of dec’d)

Deposition of Andrew Smith (1868): “James Smith died in Orange County NC some 20 years ago the names of his children as far as I know are as follows, Sarah, Morgan & Helah. I beleive there are two other sisters but I do not know their names. Sarah is married to Silas Monk & did live near Montgomery, AL the last account I had of them, they have no children. Morgan was living in NC the last account I had of him. Helah married ___ Brooks & they live in or near Princeton in Jefferson County, I think, Arkansas.”
[[Note that Andrew hints at “2” other sisters. We know only of Elizabeth for certain. There is that unaccounted for female child on the 1820 census. However, no mention of her by her siblings.]]

Deposition of Andrew Smith (1869): “Graham Smith died before his uncle” prior to 1862.

CHILD 6: ANN SMITH
According to Ann’s estimated DoB, she was born about 1781.
Called ‘Annie’ by her brother Andrew.
Ann Smith married William Orr in Sumner County, TN on 2 Aug 1809. Bondsman was a William King. The case reveals that Ann had a daughter, Sarah, who married a Sims.

Depositions indicate that Ann Smith died in Kentucky.
Notes & Theories: It is interesting to note that both Ann and her sister Elizabeth married men from Sumner County, TN. Did the girls head into TN with their married sisters, Mary & Jane, or follow to TN?

The Case: Andrew’s Notes “Annie Smith married Wm Orr had one dauter who is married to William Sims I have not heard anything from them.”

Deposition of Andrew Smith (1868): Ann married William Orr, they lived in Williamson County when he died some 20 years ago. The widow died in KY. I do not know the county – they had only 1 daughter named Sarah who married ___ Simms & they lived in KY the last account I had of them some 7 or 8 years ago.

CHILD 7: ELIZABETH SMITH
Like her sister Ann Smith, Elizabeth moved to Sumner County, TN prior to her marriage in 1812 to Adam Beard. Bondsmen were David Guthrie and Andrew Smith. [David was the son of her sister Jane who would have been about 16-18 at the time. Andrew Smith might have been her father, but it could also be her 17 year old brother, Andrew.]

Elizabeth was Adam’s second wife.  Elizabeth died in 1858 in Texas. Her stepson Rev. Dr. Richard E. Beard provided affadavits in the case as did her children David C. Beard and Sarah Maxwell. Son Andrew Smith Beard died in 1870 leaving children in TX.

The Case: All heirs are unknown at the beginning of the case. Andrew’s Notes: Elizabeth Smith married to David Beard one daughter married to Logan Maxwell post office St Joseph MO. One son David C Beard, Mineral Springs, Ark – Andrew Beard dead before [Note: Elizabeth married ADAM Beard, not David, which is the name of her son.

Extract from Deposition of Andrew Smith (1868): “Elizabeth married David Baird. They did live in Sumner County Tennessee. I believe he died there. The widow went to Texas. Had children by David Baird. I do not know whether Elizabeth is dead or not. Neither do I know the names of her children.

Extract from Letter from Richard Beard to Andrew Smith (11 Dec 1869): “My stepmother (Elizabeth Beard) died in TX about 12 years ago. Her oldest son (Andrew Smith Beard) went to that country at an early time and as soon as he grew up to manhood. Her youngest daughter died in TN just as she was reaching womanhood. Other daughter married & settled in KY. This left her but a remaining son, and with him she made her way in pursuit of Andrew and at last died at his house. Andrew lives in TX. David in AK. The daughter, my sister (Sarah K. Maxwell), now lives a few miles from St Joseph in Missouri. Husband is Logan Maxwell. Mr Maxwell is a prosperous man. Your Guthrie sisters have both been dead a number of years. Robert W. Guthie, son of old Robert, lives near Gallatin. Has a brother & sister living in MO. Of old James Guthrie’s family, there are, I think, 4 living, 2 bro & 2 sis. Wm H Guthrie is one of the brothers. One of his sisters lives in this county, her name is Elizabeth Martin.”

Extract of Letter from Sarah K. Maxwell to Andrew Smith (25 Feb 1870): “I was married in TN and moed from there to MO where I now live. We have never moved since we came to this state. I have 6 living children, one married. My youngest is 13 years old. My eldest daughter died leaving 2 little boys which I have with me. My children are all members of the Presbyterian Church.”

Extract of Affadavit of Sarah K. Maxwell (1 Sep 1870): “(My sister) Katherine Isabel Beard died without issue. (My brother) Andrew Smith Beard died leaving 4 children surviving him, names unknown. Post office Bright Star, Hopkins County, TX. (My living brother) is David C. Beard, Brownstown, Lewis County, Arkansas. My own post office is St Joseph, Buchanan, MO.”

Extract of Letter from Mary Ann Beard to Attnys MacAllen (7 Nov 1872): “Lawful wife of Andrew Smith Beard, my husband the son of Elizabeth Beard, sister of Rev Andrew Smith”

Extract of Deposition of Richard Beard (11 Jun 1873): “Adam Beard died in 1825. Elizabeth remained a widow until her death in 1858 in TX. Three children of Adam & Elizabeth Beard: Andrew S. Beard, David C. Beard, & Sarah K. Beard, who intermarried with Logan Maxwell. Andrew S. Beard about 1837 married Mary A. Beard. He died Feb 7, 1870 leaving his wife Mary A., and the following named children to wit: Sarah Catherine Beard who intermarried with Washington Saunders. She was born June 3, 1838. Franklin Carson Beard, born January 9, 1845, James Jonathan Beard, born August 7 1855, Robert Singleton Beard, born March 18 1861. Andrew S. Beard’s widow, Mary A. Beard has intermarried with Simon Johnson. All above named persons reside at Cross Timbers, Johnson, TX. David C. Beard alive and resides in Arkansas. Logan Maxwell & his wife Sarah K. Maxwell are both alive and reside near St Joseph MO.”

A couple of Family Tree Files from Ancestry list Elizabeth’s DOB as 1796. This would actually make her the youngest Smith child, which seems to go against what we know from the case. Census records are required to provide proof of Birth Year.

Speculation about the 1800 Orange County, NC Census provides a clue:
1800
CENSUS: Orange County, NC 1800 Census
Census shows two men by the name of Andrew Smith in Orange County for the 1800 census. The one likely to be Andrew Smith, Sr is Andrew #1.

#1 Andrew Smith   
Free White Males      <10 = 1  10&<16 = 1    16&<26 = 1    26&<45 = 0   45&>45 = 1
Free White Females   <10 = 0  10&<16 = 1    16&<26 = 0   26&<45 = 1   45&>45 = 0
[[3 sons and 1 daughter living at home]]

#2 Andrew Smith         
Free White Males      <10=1      10&<16=0    16&<26=1    26&<45=1   45&>45=0
Free White Females   <10=0      10&<16=3    16&<26=1    26&<45=1   45&>45=0 
[[4 daughters and 2 sons living at home]]                     

Smith Children based on Know Birth Dates or Age Ranges:
SON: William Smith………………est age = about 34 (16-34)
SON: Robert G. Smith…………..est age = about 30 (30-39)
DAUGHTER: Mary Smith………..est age = about 27
DAUGHTER: Jane Smith………..est age = about 25
SON: James Smith………………est age = about 19 (10-19)
DAUGHTER: Ann Smith………..est age = about 16 (7-16)
DAUGHTER: Elizabeth Smith…est age = about 15
SON: John A. Smith…………….est age = about 12 
SON: Andrew Smith……………est age = about 5

Based upon Andrew Smith #1:
Andrew’s wife was born 1756-1774 based on the age range of the census. Hannah Brackin’s est DOB=1757, so she would actually fit into the original theory at age 43. However, with Andrew’s age range being 45+, it is impossible to know just how much older he was than his wife.

Son William, about age 34, married prior to 1800 and is listed in his own household in Orange County, NC.
Son Robert, about age 30, married prior to 1800 and may have already removed from Orange County, NC
Daughters Mary, 27, & Jane, 25, married in 1791 and moved to Sumner County, TN prior to 1800. So not listed here.

The sons still living at home would be James, about 19, John A., about 12, and Andrew, 5.

There is only 1 daughter living at home. This would be probably be the younger Elizabeth rather than Ann.
Daughter Ann, 16, possibly went with her sisters to TN. She married in Sumner County, TN in 1809. Elizabeth later moved to Sumner County, TN. She married there in 1812 with Andrew Smith acting as her bondsman.

1850 US CENSUS, Precinct 2, Cass County, TX
Elizabeth Beard, 65, is living with her son’s family. That puts her DOB = 1785.

CHILD 8: JOHN A. SMITH

Based on the details of the case, John A. Smith died 25 Jun 1862 in Bethel, Giles County, TN. He had no wife or children and died without a will. He owned a 174 acre tract of land in the 3rd Civil District of Giles County, on the waters of Jenkins Creek, bounded on the North and East by the heirs of Judge Coleman, on the south by the TN/AL State Line and West by Zink Reagin. The tract is well timbered and of average quality. It holds 3 settlements: the homestead, the place on which Andrew Smith lives in the sw corner of the tract, and a small settlement on the north of the creek.

According to the 1860 Giles County Census, John A. Smith, age 72, was born about 1788 in NC. Living with him in 1860 were his niece Sarah J. Smith, 42, and nephew William G. Smith, 22.

The Case: Includes an inventory of items sold during John’s estate sale dated 16 Jan 1863: pair of breeding__, 1 singletree, 1 novel, 1 coverlet, 1 black horse, rent part of the place, 1 bed quilt, 1 doubltree, pair hames & traces, 1 yoke of oxen, 3 cows for hire of negroe Orange, 1 fro & cleves, 3 hogs, 2 shoats, 3 books, 1 oven lid, 1 wheat fan, crosscut saw, 3 dry hides 1 fifth chain, 1 old stove, 1 old stove, hire boy Fetch, hire boy Peter trasfered Tucker, 368 pounds seed cotton, 1 maxtax, 1 oxen yoke, 1 smoother iron, 4 books, 1 feather bed & comfort, 1 bedstead, 1 book, rent of field, 1 kettle, 1 dining table, 1 harrow, 4 bull tongues, 1 singletree & clevis, 1 waggon, 1 black cow, 2 bee gums, 1 spotted cow, 1 blind horse, section horse___, 1 bed stead, 2 chairs, 1 counterpairs, 1 safe, 1 bull tongue plow, 1 red cow & calf, 1 pen of corn, 3 hogs, hired woman Puss, Oston, rent of place homestead for 1863, 5 books, 1 eaureau, 1 chest, 1 bookcase, 1 pot, chain, 2 bee (or bed) stands, 1 waggon, oven? & bed, 1 broad ax, loom, tub, hire negroe Jane, rent a field, 1 saddle, scythe & cradle, 1 kettle, rent of place 1864.

CHILD 9: ANDREW SMITH
Andrew Smith was the youngest of the siblings. He was born in 1795 in Orange County, NC. There is a 20-year span between his eldest sibling’s birth and his own. In fact, his age actually surprised Richard Beard who assumed he would be closer to his deceased stepmother’s age than his own. [Source: A letter from Richard Beard to Andrew Smith]. Andrew sent a photograph to his niece, Sarah K. Maxwell, who thought he looked like a lot like AW. Sarah is the daughter of his sister Elizabeth Beard. Allen the son of his sister Mary. Both were living in Buchanan, MO.

Andrew married Mary Johnston in Orange County, NC 5 Jan 1813. Mary died in TN. Andrew remarried to Harriet Jane Patton in Marshall County, TN on 23 Feb 1841.

The 1820 Census of Orange County, NC shows the family of Andrew Smith: 1M16-26(1794-1804), 1M<10, 1F26-44, 2F<10. Possible this could be Andrew & Mary (Johnston) Smith.

The 1850 US Census shows Andrew & Harriet still living in Marshall County, TN:
Marshall County, TN, District No. 15
Andrew Smith, 55 M, Saddler, 400, NC
Harriet, 41, F, TN
Emily P, 8, F
Amzanna T, 6, F
Laura A, 1, F
Mary, 25, F B
Amanda, 4, F, B
Cato, 2, M, B
Thomas H Patterson, 21 M, saddler
William Harrell, 18, M, saddler
Owen S Christopher, 17, M, apprentice
Sarah Jones, 25, F, seamstress

By 1860, they had removed to Giles County, TN:
1860 Federal Census
Southern Subdivision Giles County, TN
Name: Andrew Smith 
Age in 1860: 64  
Birth Year: abt 1796  
Birthplace: North Carolina  
Home in 1860: Southern Subdivision, Giles, Tennessee 
Gender: Male  
Post Office: Bethel 
Value of real estate: View image 
Household Members: Name Age 
Andrew Smith 64  
Harriet Smith 50  
Aenzana T Smith 15  
Laura A Smith 13  

In 1862, his brother, John A. Smith died intestate in Giles County, TN. Since Andrew was living in the same county, it is probable to assume that they were fairly close compared to his other siblings. Andrew took on the “great task” of finding out the names and locations of his siblings’ children in order to get the estate settled. Andrew’s part was paid in advance of the rest and went directly to his creditors. The case was open so long that it extended beyond Andrew’s lifetime. By that time the number of heirs was high compared to the expectations of their inheritance.

1870 Giles County, Census
Giles County, TN. Post Office: Bethel
Living in the home of Wiliam R. Paisley (47) & Wife Ann M.(36) & their 6 children
Smith, Andrew 74 M W Farmer 1200 700 NC
Smith, Harriet, 60 FW Keeping House TN
Smith, Fanny, 20 FW TN
Next door to:
Smith, John P. 54 MW Saddler _ 500 TN
Smith, Mary E 51TN
Smith, John A 11TN
Smith, Henry M 22 Ala

The Case: Andrew’s children aren’t documented in the case until after his death and they become his heirs.

DOCUMENTS in the CASE:
Unknown date: Description of pleadings presented to the Giles County Court
Unknown date: Unsigned statement regarding the Surviving children of James Smith, brother of John A. Smith, decd
Unknown Date: Unsigned notes possibly by Andrew Smith
1863-?: Various documnets presented by Joseph S Edmundson Adm of John A Smith, decd
13 Sep 1866: Affadavit of A. Cox Clerk of Giles County, TN, describing estate land in Bethel, Giles County, TN along Jenkins Creek
13 Sep 1866: Depositions of E. Edmundson and James McCallum in Pulasku, Giles County, TN 
23 Aug 1867: Depositions of Hela B. Smith and R.A. Smith of Dallas County, Arkansas
7 Jan 1868: Deposition of L.Z. Reagin of Bethel, Giles County, TN
15 Feb 1868: Statement by JoS Edmundson, Administrator declaring $300 for services
22 Feb 1868: Affadavit of Silas Monk and Sarah J. Monk of Paulding County, Georgia
21 Aug 1868: Deposition of Andrew Smith at Pulaski, Giles County, TN outlining known heirs
21 Aug 1868: Proposal by Andrew Smith regarding a Graveyard Lot
27 Aug 1868: Affadavit of David Brooks and Helah B. Brooks
3 Sep 1868: Statement by A Cox C&M regarding the identity of known heirs in the case
24 Feb 1869: Deposition of Andrew Smith at Pulaski, Giles County, TN
11 Dec 1869: Letter to Brother Smith from Richard Beard
16 Dec 1869: Letter to Andrew Smith from A.W. Guthrie of St. Joseph Missouri (“Dear Uncle…”)
22 Jun 1870: Deposition of Sarah K. Maxwell of Buchanan County, Missouri
25 Feb 1870: Letter to Rev Andrew Smith from Sarah K. Maxwell (“Dear Uncle…”)
24 May 1870: Plan to survey a lot of land reserved for family burial ground
1 Jun 1870: The Depositions of Joseph S Edmundson and Andrew Smith
22 Jun 1870: Deposition of Allen W. Guthrie of Buchanan County, Missouri
30 Aug 1870: Survey of a grave yard lot
1 Sep 1870: Deposition of Sarah K. Maxwell of Buchanan County, Missouri
20 Sep 1870: Statement of completed survey of graveyard lot
Dec 1870: Letter to Rev. A. Smith from R.W. Guthrie of Gallatin TN Sumner Co (“Dear Uncle…”)
5 Dec 1870: The Depositions of Robert W. Guthrie, AH Guthrie, and Wm P Guthrie, Sumner County, TN
21 Jun 1870: The Depositions of Sarah K. Maxwell and Logan Maxwell of Buchanan County, MO
22 Sep 1870: Affadavit of the court regarding the surviving children of James Smith (brother of John A. Smith)
5 Dec 1870: Letter from Attny JJ Turner of Gallatin proving identity of AH Guthrie
5 Dec 1870: Statement by AH Guthrie and Robert W. Guthrie of Sumner County, TN
21 Feb 1871: A letter from Andrew Smith regarding the Graveyard Lot
21 Feb 1871: Affadavit by HM Stanley, Clerk regarding taxes due by the estate of JA Smith
22 Feb 1871: Deposition of HM Stanley of Giles County, TN regarding taxation on the estate land
19 Apr 1871: Letter to Attnys McCallum from David C. Beard
6 Sep 1871: To clerk of Giles County, TN from David C. Beard
July 1872: Letter to Attnys MacAllen from Mary Ann Beard, wife of Andrew Smith Beard
4 Oct 1872: Letter to Attnys McCallum from Richard Beard
20 Nov 1872: Letter from Richard Beard to Attnys McAllum
11 Jun 1873: Affadavit of Richard Beard of Lebenon, Wilson County, TN
14 Jun 1873: To Attnys McCalam & McCalam, Pulaski, TN from JT Lane regarding affidavit of Dr Richard Beard
4 Aug 1873: Letter from Attny WC Dismukes of Gallatin, TN to Attnys Brown & McCallum
25 Aug 1873: Letter from Attny WC Dismukes of Gallatin, TN to Attnys Brown & McCallum
18 Sep 1873: To Attnys Brown & McCallum from Attny WC Dismukes of Gallatin, TN on behalf of Guthrie clients
22 Sep 1873: Interrogatories answered by the Rev. Dr. Richard Baird (Beard) of Wilson County, TN
25 Sep 1873: Deposition of Richard Pond, James L. Shaw & Wm Jackson of Sumner County, TN
25 Sep 1873: Letter to Attnys Brown & McCallum from Attny WC Dismukes of Gallatin, TN
28 Sep 1873: Statement by A Cox C&M regarding collection of purchase money for sold land
4 Nov 1873: A Decree of the Court fixing the rights of Jane Guthrie and E. Beard
4 Nov 1873: Statement by JB Stacy C&M regarding the heirs in the case
14 Dec 1877: Petition of (Children of Andie Smith) to the Hon William S Fleming, Chancellor, Pulaski, Giles County, TN
25 June 1878: The Deposition of James P. Smith in Pulaski, Giles County, TN
12 Nov 1878: Survey of the Andy Smith Place near Bethel
6 May 1879: Letter from Attny JA Trousdale of Gallatin, TN, representing Guthrie clients, formerly represented by WC Dismukes.
20 Dec 1880: A cause entitled “James P. Smith & others vs the Unknown Heirs of R Smith & others
21 Mar 1881: Petition of (children of Andie Smith) to the Hon Wm S Fleming, Chancellor, regarding division of estate
10 Feb 1882: The Deposition of James P. Smith in Pulaski, Giles County, TN
13 Feb 1882: An account by the Clerk & Master JB Stacy in this cause summarizing case
15 July 1890: A Letter from David C. Beard of Severe County, Arkansas
6 Oct 1890: The Deposition of Allen W. Guthrie now of Summit, Macon, MO
11 Nov 1890: Summary of cause presented by JB Stacy C&M, an account of distribution of estate funds
Unknown Date: Costs due Clerk & Master
Unknown Date: Amounts due heirs in case

COMMENTS:
The Case does not mention the identity of the parents. Nor is there any indication that the father had more than one wife. Research into the individual records does show a far narrower range of DOB for the children than originally reported, closer to 22 years. This makes it possible for one woman to be the mother of all nine children as long as she started out as a young bride. There is also no use of the names “Hannah” or “Brackin” among the known descendants, and these families with their repetitive use of the same names clearly adheres to some form of naming patterns.

Andrew Smith is named in multiple records as a bondsman or in a position one would expect of the family patriarch. The big question is the identity of his wife. Is she Elizabeth Kerr after all? Based on the 1754 DOB of her next closest half-sibling, James Kerr Jr, one would anticipate her being closer in age to him and his younger siblings. Comparing her potential birth range to his DOB makes far more sense. Keeping in mind that the mother of these 9 siblings was probably born no earlier than 1745 and no later than 1755 actually fits her position as the older half-sibling making her no more than nine years older.

Andrew Smith and Elizabeth Kerr were probably born in the 1740s and probably married in Orange County, North Carolina. They appear to have spent their married life in that county growing their very large family. Next up is the question about their deaths. The closest date for Elizabeth is the 1800 census. She died sometime after 1800. Andrew’s death is frequently found in trees as 1795, but is that meant to be ‘after 1795’, which is the year his youngest son was born? An alternate estimate of ‘after 1812’ might be more appropriate as Andrew Smith appears on his daughter Elizabeth’s marriage record as a bondsman signing with Elizabeth’s groom Adam Beard and also David Guthrie. The latter was a son of James Guthrie and Jane Smith, born 1793 -94. It is possible that the Andrew Smith on this record was Elizabeth’s youngest brother Andrew G Smith, but he was at the time of this marriage about 17, and was back in Orange, NC by 5 Jan 1813 for his own marriage.

SMITH RECORDS in ORANGE COUNTY, NC

THINGS TO KNOW:
Orange County was created in 1752 from Bladen, Granville & Johnston Counties. In 1770, Chatham, Wake and Guilford Counties were formed from parts of Orange County. In 1774 Orange County was split into 16 equal tax districts. In 1777, the upper 8 districts were taken to form Caswell County (3, 4, 5, 6, 11, 12, 13, 14). In 1791, the eastern 4 of those Caswell Counties became Person County (11, 12, 13, 14). In 1849, Alamance was formed from districts 1 & 2 of Orange County. Then in 1881, Durham County was formed from districts 15 & 16. Districts 7, 8, 9, and 10 remained Orange County.
1: St Asaph – Alamance
2: Chatham – Alamance
3: St. David’s – Caswell
4: St Martins (later Caswell) – Caswell
5: Richmond – Caswell
6: Glouster – Caswell
7: Orange – Orange
8: Tryon – Orange
9: St Thomas – Orange
10: Hillsborough – Orange
11: St Lukes – Person
12: St Laurence – Person
13: Dunsmore (later Nash) – Person
14: St James – Person
15: St Mary’s – Durham
16: St Mark’s – Durham

The 1791 Orange County Tax List:
Orange District: Andrew Smith, John Smith, William Smith and Wm Smith, (James Guttery & James Kerr listed for years 1785, 1787, 1788, 1792)
Hillsborough District: Reuben Smith, David Smith, William Smith, John Rainey, John Patten
St Asaph’s District: James Smith, Adam Smith, Adam Smith Jr, Henry Smith, Tobias Smith, Adam (Red) Smith 
St Mary’s District: Stephen Smith, James Smith
St Thomas District: James Smith
Chatham District: Andrew Smith, Isaac Bracken,Sr, Isaac Bracken, James Bracken, Sam’l Smith, Mary Smith, Wm Bracken, Robt Smith

The 1790 Census for Orange County indicates 2 men by the name of Andrew Smith. By examining land records for the county, it is possible to separate out two groups of Smiths. There are also additional Smith men living throughout Orange County.

SMITH GROUP 1: Back Creek, Boyds Creek, Stagg Creek & the Haw River. 
Note that the Kerr family also owned property along Back Creek (granted 1779) in addition to their properties along the Eno River. Probate records for son James Smith mention land on Back Creek.

SMITH GROUP 2: Stony Creek & Deep Creek.
The other Andrew Smith is found here along with property owned by the Brackin family. 

CREEKS & RIVERS
Back Creek
(Alamance County formed from Orange County in 1849)
Back Creek is 8.77 mi long, a tributary to the Haw River. It rises in a pond about 0.5 miles northeast of Carr in Orange County, North Carolina and then flows southwest to the Haw River about 1.5 miles southeast of Graham, North Carolina. Also described as being located in the Orange District of Orange County, NC. Crosses the Orange/Alamance border. NW of Hillsborough, SW of Cedar Grove Township, Orange. North of Mebane, Alamance. Near Stagg Creek and the Haw River.

Boyds Creek
(Alamance County formed from Orange County in 1849)
Boyds Creek is a 4.54 mi long tributary to the Haw River in Alamance County, NC. It rises in a pond about 3 miles southeast of McCray and then flows southeast to the Haw River about 1 mile northwest of the town of Haw River, NC.

Stagg / Staggs Creek
(Alamance County formed from Orange County in 1849)

SMITH GROUP 1: Back Creek, Boyds Creek, Stagg Creek & the Haw River. 

BACK CREEK
Land Entry & Homestead / 1778
Mar 24, 1778 ANDW. SMITH enters 400 acres in Orange Co. on both sides of BACK Creek of HAW River; border; the claims of John Walker & Wm Smith; includes the improvement where he lives; warrant issued July 6, 1778.

Land Entry & Homestead / 1778
Nov 24, 1778 WM SMITH enters 200 acres in Orange County; border ANDW SMITH; includes his improvement; warrant issued Aug 4, 1778. 

Land Entry / 1778
40:319 Entered 6 July 1778, Issued 3 Sept 1779 Entry #191
Andrew Smith entered for 200A, Issued 198 . . .Back Creek, branch of the Haw River bounding claims of John Walker and William Smith. County Records Volume 9

Potential Relative (KERR) / Land Entry / 1778]
40:345 entered 2 Aug 1778, issued 3 Sep 1779 entry no 324, James Kerr 200 acres on waters of Back Creek, bounded on east by land of Matthew Lindsey. surveyed 10 Jun 1778. by Thos Taylor, Wm Kerr, & John Kerr CC

Neighbor / 1779
8:322 10 Jun 1779 NC to Samuel Davenport 200 acres on Back Creek adjacent William Smith, John Smith & his own land

Land Entry/1779
32:410 Entered 4 August 1779, Issued 13 Mar 1780, entry # 782
William Smith 200 Acres on Back Creek . . .surveyed 10 May1779 by Thos Taylor Matthais Sendder and Andrew Smith CC, adj lands of Andrew Smith. County Records Volume 9

Neighbors / 1779
32:466 Entered 4 Dec 1779, Issued 13 Mar 1780, Entry # 520 
Matthais Scudder 200 acres on waters of Back Creek . ..surveyed 10 May 1779 by Thos Taylor, Andrew Smith and William Smith. ..bounded by claims of Andrew Smithand William Smith including his improvement. County Records Volume 9

Land Grant / 1780
4:112 13 Mar 1780 NC to John Smith 200 acres on Back Creek. signed Richard Caswell. Wit: William Shepherd. [NC patent 32:416]

Neighbor / 1785
Source: Orange County (NC) State Land Grants, Volume X, 501-1000
928, 71:157, entered 25 April 1785, issued 18 May 1789, entry no. 90, ISAAC RAWIS, 100 acres, Beginning at SMITH’S corner…..
On the Waters of BACK CREEK adjoining the lands of ANDREW SMITH…..

Neighbor / 1789]
18 may 1789 North Carolina to Isaac Rawis . . .Back Creek . . .bounded on East by Andrew Smith. Orange County Records Volumes 11-13 Deed Books 6 & 7 

Neighbor / 1790
17 November 1790 North Carolina to James Taylor & Thomas Mulhollan on waters of Back Creek. . . borders Andrew Smith.Orange County Records Volumes 8-10
Deed Book 5 

Neighbor / 1791
4:484 26 Mar 1791 James Ross to John Hastings. 82a Waters of Little Back Creek. Witness: John Smith

Neighbor / 1792
5:369 15 Apr 1792 William Chance to Samuel Davenport 200 acres on Back Creek @ William Smith’s line

Sale & Purchase of Land Grant #181 / 1795
6:233 29 July 1795 James Smith of Spartanburg SC to Samuel Smith of Orange 100acres on Back Creek of Haw River. Surveyed 18 Sep 1778. Grant no 181. NC Orange County BK L folio 107, 29 July 1795, signed Jas. Smith. Withnesses John Bunch, George Bunch.

Neighbor / 1795
25 December 1795 Thomas Mulhollan to Thomas Bird, 364 acres on Back Creek adj ANDREW SMITH, Walker, Whitsell and McMINIMAY. Orange County Records Deed Books 6 & 7

Sale / 1797
5:773 5 May 1797 William Smith to John Allen of Orange, 200 dollars, 300 acres on waters of Back Creek. signed William Smith, witness Aaron Walker. Proved May 1797 by Walker.

Potential Relative (McMun) Neighbor / 1797
7:444 2 December 1797 North Carolina to James McMun, 97-1/2acres on Back Creek, adjacent lhis own land and land owned by William Smith and Andrew Smith. Warrent dated 1 Feb 1796. Signed Saml Ashe. Witness J. Glasgow. Orange County Records Volumes 11-13 Deed Books 6 & 7 

Neighbor / 1789
4 Feb 1789, Thomas Loyd of Orange to John B Walker 200 acres on waters of Back Creek bounded on the N by Andrew Smith, on w by Phillip Walker, on s plantation I now live on. Proved May term 1810.

Neighbor / 1799
10:195 NC to John Campbell #1553, 16 Nov 1799, 100acres on waters of Back Creek, adjacent James McMunn & John Smith

Potential Relative (Mary McMunn nee Smith) Sale & Purchase / 1804
11:148 Mary McMunn of Orange to Robert Smith of same 23 Feb 1804, $1, 100acres whereon Mary McMunn now lives bounded by John Campbell, Jacob Huggins & Andrew Smith, to use of Mary McMunn during her life and after her decease to the use of Robert Smith forever. signed Mary (x) McMunn.

Neighbor / 1803
9 November 1803 John ray to John Walker . . .Back Creek . . .adj Andrew Smith      Deed Book 12 

Neighbor / 1806
17 March 1806 Martha Devenport, Isaac Devenport, John Devenport of Orange to John Hendricks of Rowan to Miles Wells of Caswell, 300 acres “That my husband Samuel Devenport lived on previous to his death”, on waters of Back Creek, mentions William Smith’s former line. Signed: Martha Devenport, Isaac Devenport, John Devenport, John (x) Hendricks, Wit: Richard Henslee, Robert McKee & John Hughlett, proved 11 Feb 1808 by Robert McKee delvd Miles Wells.
[[“Former line” suggests that William either sold that property or died. William did sell some Back Creek lands (300acres) in 1797.]]

Neighbor / 1806
9 April 1806 Miles Wells Sr of Caswell to John Wells of Newberry County, SC, 300 acres where Samuel Devenport lived previous to his death on waters of Back Creek, mentions a pine on William Smith’s former line. Ackn Aug Term 1809

Neighbor / 1817
Andrew16:63
11 Sep 1817 John Thompson & Nancy his wife of Orange to Joseph Allison of same 207 acres on waters of Back Creek adj Andrew Smith wit: James Smith, John Walker, & Aron Walker, ack 20 Sep 1817.

 Neighbor / 1818
Anderson 16:244
26 Feb 1818 Josiah Turner Sheriff of Orange to Aaron Walker, 100 acres, land of Jacob Huggin Jr on waters of Back Creek, Huggins failed to pay taxes in 1815. bounded by Anderson Smith. Wit: J.F. Forrest. Proved Feb Term 1818 by John F. Forrest.

STAGGS CREEK
Location: Alamance County, Formed from Orange County in 1849
Near: Back Creek. Back Creek and Stagg Creek branch off from each other on the Alamance side

NC to John Smith 100a waters of Stages (Staggs?) adj own land [NC Patent 57:60]

1127. May 24, 1779 JOHN SMITH enters 100 acres in Orange County on waters of STAGS Creek; border: his own land and James Ward; warrant issued Dec 18, 1779.

4:111 9 Nov 1784 NC to John Smith 100acres on waters of Stages, adjacent his own land & John Ward [NC BK 57:60]

6:28 5 April 1797 NC to Jacob Huggons 60 acres on Staggs Creek joins Sutton Ward, John Smith, John Millington.

BOYDS CREEK
Location: Just east of Burlington in Alamance County, NC (formed from Orange County in 1849)
Near: A branch of the Haw River, Not far from Deep Creek and Back Creek

12 April 1795  Henry Jacobs of Orange to Henry Younger of same, 200acres on a branch of Boyds Creek on waters of the Haw River bounded on the North by Andrew Smith. Orange County Records Volumes 8-10 Deed Book 5

SMITH GROUP 2: Stony Creek & Deep Creek. 

DEEP CREEK
Location: Almance County, NC (formed from Orange in 1849), North of Burlington in the Lake Burlington Quadrangle
Near: Stony Creek. Branches off from the Stony Creek Reservoir.

1453 (114). [May 25, 1785] ANDRW SMITH enters 189 acres in Orange Co on waters of DEEP Creek; border: James Dickie, Armor King, Wm Robs, & his own land; warrant issued Aug 11, 1786.

11 November 1795 Andrew Smith of Orange to Lewis Dishing of same, 100 pounds, 189acres on waters of Deep Creek adjacent James Duke, Armous King, Wm Robb. (Tract granted by N.C. to Andrew Smith). Signed Andrew (x) Smith proved August Term 1801.Orange County Records Volumes 11-13 Deed Book 9

4:528 27 Feb 1792 James Dickie to John Smith of Orange. 150a Deep Creek, a branch of Stoney Creek.

STONY CREEK
2 Potential Locations for Stony Creek:
Orange County: East of Hillsborough near the Durham County border in the Eno State Park.
Alamance County: Just North of Burlington now between Stony Creek Reservoir and Lake Burlington, near Deep Creek
Location: Near Faucette Township in Alamance County, NC, formed from Orange County, NC in 1849
Conclusion: The Stony Creek of these records is likely the one in Alamance.

Land Grant 40:299 entered 10 Oct 1778, issued 3 Sep 1779 Entry#395. William Smith. Entered for 555acres. Issued for 565acres. Watsons Creek, near Laughlins Creek, a Branch of Stoney Creek.

Deed Book 2 p. 161
13 December 1782 George Garrison of Orange, planter to William Brackin, Sr. of same, 100 acres on Stoney Creek. . .witnesses Jacob Garrison, John Boyle, Andrew Smith. Proved by Andrew Smith August Term 1785.Source: Orange County Records Volumes 2-4

Deed Book 4 p. 669
12 May 1790 William Brackin on Orange, yeoman, to James Brackin. . .Stoney Creek. Wit. Andrew Smith
Source: Orange County Records Volumes 2-4

17 October 1795 William Brackin, yeoman of Orange to Andrew Smith of same, for the natural love and affection which he beareth Andrew Smith and for better maintenence and livelihood, 63 acres 3-1/2 ch beginning at Jacob Gravenses Garrison’s line . . .up Stoney Creek . . .signed William Brackin; witness William Brackin, Jr., William Killon. Proved November Term 1795.Orange County Records Volumes 8-10 Deed Book 5 

22 December 1795 Jess Thomas & Eleanor his wife of Orange to Andrew Smith of same 66-1/2 acres on Stoney Creek bounded by Brackin. . . Proved May Term 1796. Orange County Records Volumes 8-10 Deed Book 5

20 November1801 Andrew Smith of Orange to James Warick of same, 150 dollars, 65-1/2 acres West side of Stoney Creek, bounded by the lands of Brackin and Boyle . . .proved August Term 1804. Orange County Records Volumes 14-16 Deed Book 11
Deed Book 12

16 March 1804 Andrew Smith of Orange to Jacob Garrison, 220 dollars 63 acres and 3-1/2ch, beginning at Jacob Garrison’s line . . .up Stoney Creek . . .proved November Term 1805. Deed Book 12

ROCK CREEK
Location: Almance County, NC (formed from Orange in 1849), closer to the Guilford County border than the Orange County border.
Near: Stinking Quarter Creek, Big Alamance
Note: Possible original land papers were for ‘Back’ and not ‘Rock’?

1128. May 24, 1779 ANDRW SMITH enters 100 acres in Orange County on the waters of Rock Creek; border: his own line; warrant issued Dec 18, 1779.

GROUPING UNDETERMINED:

STINKING QUARTER CREEK
Location: A stream in the Burlington Quandrangle of Alamance County NC
Near: The town of Bellemont and the Alamance River. Not far from Back Creek, near Rock Creek

Adam Smith: NC to Adam Smith 19:449 on Stinking Quarter (patent:1762); Little Alamance, S. Side Haw River (neighbor:1786); Stinking Quarter (neighbor:1784); Stinking Quarter adj Road from Hillsborough to Salisbury (neighbor:1784); Stinking Quarter Creek (neighbor:1784); Stinking Quarter Creek (neighbor:1785); Little Alamance (neighbor: 1785)

Frederick Smith: Stinking Quarter Creek (Seller:1787) – Frederick Smith of Randolph & Judai his wife to Adam Smith Sr

John Smith: Stinking Quarter Creek (seller:1785 “blacksmith” “wife Margaret”); New Hope Creek (witness:1771); Hillsborough Town Lot (buyer:1769) and Hillsborough Town Lot (seller:1772); Haw Creek (neighbor:1790); Stinking Quarter Creek, tract sold in 1800 from Clark to Long once sold by Michael Slink to John Smith 10 June 1765. Sold at some point to Clark (buyer:1765)

Julius Smith: Stinking Quarter (neighbor:1784)

Reuben Smith: NC to Reuben Smith. 308 acres N. side Little Back Creek of Haw River. [NC Patent 49:13]; Cane Creek (witness:1788); Stinking Quarters Creek (witness:1791)  [[Cane Creek located in Alamance, a branch of the Haw River]]

Tobias Smith: Stinking Quarter Creek (neighbor:1785)

READING and RESOURCES

DOCUMENTS: “The Case of Andie Smith & Others vs. the Heirs of Robert Smith” 

BOOK: McDaniel, Frank Kerr. (1993). The Kerr Family History Project 1993, Santa Clarita, CA. Digital Repository: Family Search.
The compiler includes data from a family-inherited 17 page type-written history dated 1924 ‘The Kerr Family’ by John Whitfield Kerr.
p 8 of 263
Kerr Family Line
Note that the 1924 document was a typed transcript of an original document.
The chart lists “James Kerr b1710 SCO m. Rowen Spear 1733 d.Orange Co NC”
Children for the next generation include daughter Elizabeth Kerr b.1731/32 SCO m. Andrew Smith
The son James Jr’s DOB is also off by 20-ish years as it is listed in 1734. His tombstone records his death on 13 Mar 1818 indicating that he was 63 years, 7 months and 18 days old, which would make his DOB 23 Jul 1754.
The typist may have misinterpreted the original dates.
The page on Elizabeth Kerr indicates that she married Andrew Smith of Orange County, NC, but claims no knowledge of their descendants.

A letter by Andrew Ross Kerr (1807-1875) dated 25 Aug 1875 in Maury County, TN addressed to John T. Kerr includes his knowledge on the family history. “I can give some of our history back as far as your great, great grandfather. He was a native of Ireland and brought the Kerr family to America. I do not know the date. Perhaps Uncle Samuel could have told but it was some time before the Revolutionary War. I think he was married in Ireland. Do not know his wife’s maiden name. He was a weaver by trade and taught school. I think he was a high churchman in religion. He died, I would guess, about the year 1800 in Orange County, North Carolina. His name was James Kerr. He had three sons and seven daughters. The names of his sons were William, John, and James. William and John died in the Army of the Revolution, both single men, leaving James, my grandfather, your great grandfather to perpetuate the name.“

Another take on the story: “James Kerr, our progenitor in America came to the colonies in 1734 with his wife Rowen (Rowena), daughter Elizabeth, and his father-in-law John Spear, a native of Ireland. They settled in PA where James acquired land on the PA frontier and where James & his wife had 3 sons and 3 daughters. All 3 sons fought in the Revolutionary War, William & John giving their lives for America’s liberty & independence.” The Kerr Family document identifies that Elizabeth Kerr’s husband was Andrew Smith of Orange County, North Carolina. [SOURCE: Kerr Family History Project, 1993, compiled by Frank Kerr McDaniel. His source: The Kerr Family, by John Whitfield Kerr, the great-great uncle of F.K. McDaniel.]

BOOK: Bracy, Gladys Elizabeth Odil (1964). Odil, Kerr, and Cowsert Families. Nashville, Tennessee. Digital Repository: Family Search.
p.51 (Page Viewer 53 of 112) – The Kerr Family
This family history gives only a brief overview of them James Kerr Sr family, mentioning his 3 sons, and then focusing on James Kerr Jr and Nancy Mitchell’s line.

BOOK: Chilton, Mark (2015). The Land Grant Atlas of Old Orange County – Volume II – Saxapahaw Old Fields
This is volume two of what is anticipated to be a four volume set, covering Orange County as it was in 1778 when the state land grant system was created. The author started with Vol 2.
pp.189-190
Lists 3 entries for Andrew Smith. Two on Back Creek and one on Deep Creek. Includes details.

pp.52-53
The book contains Plat Maps showing the Andrew Smith (F and H-18) properties on Back Creek adjacent the property of William Smith (G-19), and near those of James Kerr (J-20) and the McMinnimy (14-C) & McMunn (17-G) families. The latter 3 families all intermarried with the Smiths or descendants/associated families.

WEBSITE: NC Land Grant Images and Data
Note that images and details for all NC Land Grants can be viewed at nclandgrants.com.
Andrew Smith – County: Orange – Issued: 1779-09-03 – Entered: 1778 – Acres: 198 – Back Creek
Andrew Smith – County: Orange – Issued: 1783 -10-09 – Entered: 1779 – Acres: 100 – Back Creek
Andrew Smith – County: Orange – Issued: 1795-07-16 – Entered: 1786 – Acres: 189 – Deep Creek

Andrew Smith, Back Creek; Issued: 3 Sep 1799; Orange; Patent Book: 40 – Page: 319; Warrant/Plat Entered: 6 Jul 1778 Entry #191; File No. 1002.

Andrew Smith, Back Creek; Issued: 9 Oct 1783; Orange; Patent Book: 47 – Page: 330; Grant No: 555; Warrant/Plat Entered: 18 Dec 1779; Entry No: 1128; File No: 1238

The following entry is on DEEP CREEK, which is believed to be associated with the ‘other’ Andrew Smith.

Andrew Smith, Deep Creek; Issued 16 Jul 1795, Orange; Grant No: 1157, Patent Book 87, Page 404; Warrant/Plat Entered: 11 Aug 1786, Entry No: 114; File No. 2076.

DOCUMENTS: Tax Lists of Various North Carolina Counties – Orange County – FHL 007856620
pp.42-52 Orange County – 1756 – IMG 93 – 113
Luke Smith 1 poll
George Smith 1 poll
William Gutrey 1 poll

DOCUMENTS: Anther ANDREW SMITH / ELIZABETH KERR of Dundee, Angus, Scotland
Since the 9 Smith Siblings of Orange County, NC are all legally and conclusively identifies through the Smith v Smith court case, here are the marriage records for the Andrew Smith and Elizabeth Kerr from Scotland and their children’s birth baptismal records proving that they are simply a different couple with the same name.

Andrew Smith was a wright from Arbroath. Elizabeth Ker was from Dundee. They were contracted to marry on 9 Dec 1752 and the marriage took place on 29 Dec 1752 in Dundee, Angus, Scotland.

This couple married in 1752, over 20 years before the first of the 9 Smith Siblings was born.
This couple had four children born between 1753 and 1762 recorded in the OPR births and baptisms for Arbroath in a general search for the years 1750-1780 in Scotland: John (1753), Andrew (1755), Robert (1757) and Barbara (1762).

Did their son marry in Scotland? There are 14 marriages bet. 1770-1800 in Angus for men named Andrew Smith, two in Arbroath. Their son Andrew Smith right at the cusp of the age range of “born before 1755”.
Andrew Smith and Jean Smith on 5 Dec 1772.
Andrew Smith and Ann Souter on 13 Apr 1793

Did these men named Andrew Smith also die in Scotland? There are 5 males named Andrew Smith who died in Dundee between 1774 and 1792. The OPR does not specify the names of relatives.

BOOK: Lester, Memory Aldridge ( ) Abstracts of Wills from Records in Office of Clerk of Superior Court for Orange County, North Carolina, At Hillsboro, North Carolina, Books A, B, C, D. Digital Repository: Family Search
1765, 5 Nov: Will of Robert Cate
Witnesses include William Smith, Elizabeth Cate

BOOK: Shields, Ruth Herndon ( )Abstracts of wills recorded 1752 through 1800 in Orange County, North Carolina : will books A, B and C, and 202 early marriages not shown in the Orange County marriage bonds
Digital Repository: Family Search
A-119: Will of John Miles – 5 May 1769
Executors include Charles Smith, Christopher Smith

A-66: Will of Thomas Cate – Dated 5 Nov 1765, proved May 1767
Wife Elizabeth
Son Richard
Daughter Sarah, but ‘daughters’ mentioned
Granddaughter Ann, daughter of son Thomas
Executors sons Thomas and Joseph
Witnesses: William Smith, Elizabeth Cate

A-94: Will of John McComb – Dated ___, proved April 1769
Witnesses: John Smith, Elizabeth Smith

A-121: Will of ROBERT SMITH, OF St. Martin’s Parish – Dated 20 Jun 1772, no probate date.
Wife: Mary
Sons: John, Andrew Robert
Daus: Elizabeth, Mary, Isabel
Executors: Joseph McCaffrity, and son William
Witnesses: John Walker, Robert Chasen

A-144 – Will of George Tate – Dated Feb 1774, proved May 1774
Witnesses includeL James Smith

A-160: Will of John Pryor – Dated 28 Sep 1771, proved Jan 1772
Grandson: John Pryor Smith

A-179: Will of Stephen Norton – Dated 3 Jul 1773, Proved Aug 1774
Witnesses Include: Wm. Bailey Smith

A-280 – Will of WILLIAM SMITH – Dated 4 Sep 1779, Proved May 1783
Wife: Mary
Sons: Samuel, Robert, William, Cunningham, Jonathan
Daus: Marget, Ann
ExecutorsL Thomas Tilford, wife Mary Smith, son Samuel.
Witnesses: John Robertson, James Warnock, George Hamilton.

A-323 – Will of George Fogelman – 19 Mar 1785, Proved May 1785
Witnesses include: Adam Smith

A-325 – Will of Thomas Telford – Dated 20 Oct 1784, proved May 1785
Wife: Elizabeth
Sons: Robert, Hugh, Thomas, all under age, William and Samuel under 17
Daus: Rosannah and Elizabeth
Telford land is bounded by James Warnock, Samuel Smith and Cunningham Smith
Exec: wife Elizabeth, Sons Robert Telford and Hugh Telford
Witnesses: David Macklin, James Moore, James Macklin

A-330 – Will of Henry Waggoner – Dated 1 Jul 1784, Proved May 1785
Wife: Katriana
Sons: John Waggoner, Henry Waggoner, Jacob Waggoner, all underage
Tract adjoining John Brown, Alexander Torrentine and others
Son(in-law): Stephen Smith
Daus: Susannah Smith, Elizabeth Johns, Mary Waggoner, Judith Waggoner, Ketrin Waggoner, Uli Waggoner.
Granddaughters: son George Waggoner’s children Mary and Agnes Waggoner
Executors: wife Ketrin, son Stephen Smith
Witnesses: John Hall, William Buchanan, William Hannah.

B-194 – Will of Catherine Lockhart- dated 24 Aug 1786, proved 1792
of town of Hillsborough, NC
Son William Lockhart
Daus: Catherine Roads, Jean Holt, Sarah Parker, Elizabeth Mucklejohn, Mary (?) Smith.
Executors: son William, son-in-law James Parker
Witnesses: John Allison, William Kennedy, MArtin Palmer.

B-197 – Will of John Woods – Dated 17 May 1792, proved Nov 179_
Witnesses include Reuben Smith

B-240 – Will of James Ross – Dated 11 Dec 1792, proved aug 1793
Daus: Jane Smith, Levina Minnis
Executors: wife Margaret, Levinia Minnis, John Minnis.
Witnesses: A Tatom, John Casey, John Allison

B-294 – Bill of Sale from WILLIAM G. SMITH of State of New York, to Daniel May, Senior, for negroes. Dated 12 Aug 1794, proved Feb 1795. Witnesses: Francis Nash, __ Patterson

B-294 – Bill of Sale from Henry White to ADAM SMITH for a negro. Dated 9 July 1794, proved Feb 1795. Witnesses: __ Patterson, Joshua Holt.

B-297 – Deed of Gift from Lewis Kirk to granddaughter Martha Williamson Kirk. Negro girl aged one. Dated 2 Dec 1793, proved Feb 1794.
Witnesses include Reubin Smith

C-30 – Indenture between Mary Stone and Kenneth Anderson – Dated 13 Feb 1794
Witnesses: Thomas Smith and Ruben Smith.

C-124 – Will of THOMAS SMITH – Dated 28 Oct 1798, Proved Nov 1798
Wife: Sarah
Son: Abraham
Daughters: Elizabeth, Mary, Hannah
Executor: Alexander Boling
Witnesses: Thos. Reding, John Whitaker

C-149: Will of Michael Holt
Wife: Jean
Children by first wife
Son: Joseph Holt
Daus: Margaret Powell, Elizabeth Smith
Daus: Sarah Hardin, Mary Thompson, Catherine Holt
Sons: Joshua Holt, Isaac Holt, Michael Holt, William Holt
Executors: wife Jean, sons Isaac and Joshua
Witnesses: J. Scott, Wm. Rainey, John Holt

C-155 – Will of CONRAD MESSER SMITH – Dated 17 Oct 1799, proved Nov 1799
Sons: Leonard, Stephen, Conrad, Phette
Daus: Elizabeth Cates, Mary
WitnessesL Jno. McMullan, Alexander Turrentine
Executor named by the court: Samuel turpentine.

D-59 – Will of ADAM SMITH – Dated 1800
Listed but not abstracted.

BOOK: Shields, Ruth Henderson (1958) Abstracts of wills recorded in Orange County, North Carolina, 1800-1850. Digital Repository: Family Search

D566: Will of WILLIAM SMITH – Dated 10 Jan 1820, proved Feb Court 1820
– To William Smith, son of John Smith (the grandson of my brother John)
– To Ferze Smith, daughter of Robert Smith (son of John Smith)
– To Allen Compton the son of Erasmus Compton
– To William O’Kelly the son of William O’Kelly
– To Elender Smith, the daughter of Polly Smith
– Polly’s children Jane, Ellender, Entricans, and Nancy
– My sister Mary McMund, Robert Smith (son of John Smith my brother), Joseph Smith and John Smith (sons of Robert my brother)
Executors: Robert Smith (son of John Smith) and Robert Campbell
Witnesses: John Landers, John Ward, Jacob Huggins

D573: Will of Mary McMunn
Granddaughter: Ann
Executrix: daughter Sarah
Witnesses: Alexander Findley, James Smith

There are more Smith entries in this book.

DOCUMENTS: Wills and estate papers (Hillsborough District), 1772-1806
FHL 004087812 – 1881 Images
Smith, Benjamin – 1805 – File Begins IMG 618
Smith, Casper – 1787 – File Begins IMG 629
Smith, George – c1787 – File Begins IMG 632
Smith, Jasper – 1786 – File Begins IMG 635
Smith, Samuel – 1785 – File Begins IMG 639

DOCUMENTS: General Index to the Deeds of Orange County, NC – 1752 – 1868
FHL Film 007517563
Index IMG 74 – Guthrie, E & others to Richard Hanslee – No. 13 – 1807-1810 – p.448
Index IMG 107 – Karr, James from Ezra Cates – No 7 1798-9 – Page 424 – 232A New Hope Crk
Index IMG 107 – Kerr, James to J Ellison? – No. 11 1803-4 – Page 228 – Back Creek
(Same as land originally made by deed from State to James Kerr (dec) cont. 187 and 1/2 acres.)
Index IMG 109 – Kerr, Wm to Jesse Rankin – No. 26 – 1834-5 – Page 50
Index IMG 109 – Kerr, Samuel to thomas Devine – No 27 1836-7 – Page 129
Index IMG 109 – Kerr from Hunter – No 27 1836-7 – Page 454
Index IMG 109 – Keer from Albright – No.24 1830 – Page 16
Index IMG 109 – Kerr Jno. W. from B Cheek – No. 27 1836-7 – Page 584
Additional K Entries
Index IMG 189 – No.3 1770-80
Smith, Step from Wm Taycock – No 3 – Page 70 – Little River
Smith, Adam from D Pevey – No 3 – Page 218
Smith, E from I Reviner & wife – No 3 – Page 361
Smith, Robert from Betty Weldon – No 3 – Page 433 – 220A Flat R
Smith, Henry from Jeremiah Fields – No 3 Page 435
Smith, Jno from Trustees – No 3 Page 491 – N side Eno R
Index IMG 190 – No 3 1770-80
Smith, Edward to Bennet Nalley – No 3 Page 463 – Flat River
Smith, Jno to Jno Robson – No 3 Page 492 – partial lot in Town of Hillsborough
Smith C to Jno Rennals – No 3 Page 532 … ?
Index IMG 190 – No 4 – 1785-90
Smith, Jno from State – No. 4 – Page 111 Stags Creek
Smith, Jno from state – No. 4 – Page 112 – Back Creek
Shannon, Hugh from State – No. 4 – Page 113 – 364A Hico River
Smith, William Bayley (of KY) from John Umstead & wife – No. 4 – Page 211 – Green River
Smith, Adam from Frederick Smith & wife (Randolph Co) – No. 4 – page 423
Smith, George from James Wilkinson – No 4 – Page 429
Smith, Marcom from Wm Woody – No 4 – Page 546 – Terrels Creek of Haw River
Smith Tobias from Frederick Kimbro – No 4 – Page 679
Smith Joshowey (Joshua?) to C Fogerty – No 4 – Page 309 – Clayburn Creek
Smith Benjamin to Trustees of Univ. of NC – No 4 – Page 320 – Forked Deer River
Smith, Frederick & wife to Adam Smith – No 4 – Page 423
Index IMG 191 –
State to John Smith – Page 111 – Stags Creek
State to John Smith – Page 112 – Back Creek
State to Hugh Shannon – Page 113 – Hico River
Smith, Stephen to Wm Cain – No 4 – Page 243 – Little River
Smith, Thomas from Abraham Allen – No 5 – Page 636 – New Hope Creek
Index IMG 192
Stringer, S to Jno McManamy – Page 137
SMITH, ANDREW from WILLIAM BRACKEN – No 5 – Page 312
Smith, JOSHUA from C Fogerty – No 5 – Page 517
State to William Bracken – No 5 Page 277
Smith, Wm from State – No 5 – Page 729
SMITH, ANDREW from JESSE THOMAS – No 5 Page 450 – 66-1/2A – bounded by Bracken
Index IMG 193
Smith, Joshua to Jos alley – No 5 – Page 522 – Elabees Creek
Shannon, Hugh to A M Brown – No 5 – Page 523 – 1782 – Eno River
Smith, Thomas to Mann Patterson – No 5 – Page 657 – 1796 – New Hope Creek
Smyth, Stephen to Wm Sutton – No 5 – Page 700 – 1797 – Little River
No. 6 – 1797 – 8
State to Reubin Smith – No. 6 – Page 32 – 19A – Little Cain Creek
State to Reubin Smith – No. 6 – Page 33 – 200A – Haw River
Smith Benj. to James Hogg – No. 6 – Page 60 – 1/64 part of territory deeded by Indians in 1775
State to Adam Smith – No 6 Page 71 – adjoining own land
Smith Saml from James Smith of Spartanburg, SC – No 6 – Page 233 – 1795 – Back Creek
Smith Step from Jno Waggoner – No 6 – Page 165 – 1796 – Little River
Index IMG 194
Smith James to Sml Smith – 283
Smith Benj to James Hogg – 261
Smith Benj to James Hogg – 263
Smith, Sml to James McLane – 299
No. 7 – 1798
Smith, Sml to Sampson Smith – No 7 – Page 405
Smith, Saml to R Hatrack – No 7 – Page 407
State to Reubin Smith – No 7 – Page 451
Smith, geo from Thomas Cate – No 7 Page 305
Smith, Simpson from Saml Smith – No 7 Page 405
Index IMG 195
No. 8 – 1799
Standrick Wm to Reubin Smith – No. 8 – Page 33
Smith, Saml from Cornelius Fogerty – No 8 – Page 348
Smith Jno V from Charles Lewis – No 8 – Page 234
Smith, Reubin from Wm Standwick – no 8 Page 33
Smith, Tobias from State – No 8 Page 201
Smith, James from State – No 8 Page 230
Index IMG 196
State to Tobias Smith – No 8 Page 201
State to Jno McMinamy – No 8 Page 213
State to James Smith – 230
Index IMG 197
State to John Madden – 272
State to Wm McKee – 70
Index IMG 198
Smith, Tobias to wm Robinson – 120
No 11 1803-4
State to George Smith 2
Smith, Robert from M McMunn – 148
Smith, Reubin from W Straderock – 244
Smith, Wm from State – 352
Index IMG 199
No. 12 1805-6
Smith, Bennet to James Palmer – 21
SMITH, ANDREW to Jacob Garrison – 78
Smith Jno. V to D Camonn – 108
Index IMG 200
No 13 1807-8-9-10
Smith, Henry to William Bond – 34
Standwick W to James Smith – 46
Smith, Nicholas from F Kimbro – 354
Smith, Geo from Isaac Morris – 61
Smith, James from W F Standrise – 46
Smith, Victor from Henry Smith – 378
Smith Henry from Tobias Smith 571
Smith, Wm to Wm Madkins – 131
Smith Sam to Wm Maddens – 132
Smith, Geo to Archer Harris – 164
Smith, James to Wm Bradshaw – 275
Smith, James to James Turner – 300
Index IMG 201
Smith, Henry to Peter Smith – 378
Smith Peter to Jno Cook – 413
Smith, Tobias to Henry Smith – 571
Smith Tobias to Michl Holt – 577
No. 14 – 1811-14
State to Wm Bracken – 158
Smith, Geo from Jas Wicks – 55
Smith Jas S from A Murphey – 147
Smith, Jas S from Q Yarborough – 357
Smith, from Geo Brown – 489
Index IMG 202
Smith, James to I Turner – 350
Smith James to Sml. Thompson – 658
No. 15 – 1814-16
Smith, Eve to Geo Fogleman – 384
Smith, Thomas from Wm Jopling – 87
Smith Saml from Reubin Smith – 105
Smith, Leonard from Danl Foust – 256
Smith, Eve from Geo. Fogleman – 336
Smith, Dennis from Jno Caldwell – 349
Smith & Murdock to Ashford Walker – 141
No. 16 – 1817
Smith J & Wm from Sarah Shofner – 87
Smith, Joseph from Wm Smith – 94
Smith Wm from Jos Smith – 95
Index IMG 203
Smith, Elisha to Geo Strayham – 37
Smith, Eliza to I & W Smith – 76
Smith, william to Joseph Smith – 94
Smith Joseph to Wm Smith – 95
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