Family Tree Maker's Genealogy Site: Genealogy Report: Descendants of Anthony Smith

[ Home Page | First Page | Previous Page | Next Page | Last Page ]

Descendants of Anthony Smith

Generation No. 2

2. MAJOR JOHN² SMITH (ANTHONY¹) was born July 25, 1768 in Montgomery County, VA, and died August 11, 1840 in Post Oak, Rockwood, Roane County, Tennessee. He married CHRISTIANIA ELKINS February 19, 1788 in Montgomery County, Virgina. She was born January 03, 1770 in Virginia, and died November 03, 1862 in Cumberland County, Tennessee.

Notes for MAJOR JOHN SMITH:
John Smith moved his wife and two children to Tennessee sometime during 1790, from Montgomery County, Virginia. John purchased a large amount of land from the Rector family after moving to Roane County. The land ran from Joiner Hollow Road to Caney Creek and from River Ridge to about where Roane State Community College now stands. His name is on a historical marker in front of the Post Oak Christian Church. He owned a grist mill which was down Post Oak Valley Road and was behind the old church. John and Christianah are supposed to be buried in the King Cemetary, off Joiner Hollow Road, in a grove of trees at the back of what is now Webster's Rock Quarry.

The following is an article from the Rockwood Centennial Book 1868-1968 by Elsie Burkett:

MAJOR JOHN SMITH

Maj. John Smith came to Tennessee from Virginia in 1790. At first stationed in the area that is now Bradley county. Later, he led a group of settlers into the Post Oak area and bought land on which the first Post Oak log church/school was built. He fought in the War of 1812 following Andrew Jackson's Army into the Battle of New Orleans. His land included the Joiner Hollow road along the top of the river edge to Caney Creek. He built and operated a grist mill and tannery on the Cave Springs Creek where the post office was once located. His home and family cemetary was to the rear of Ellen Winters Sharr's farm. He died in 1840 and was buried in this cemetary, leaving his widow, Christiana. He had a large family. One daughter, Agathy, married Wiliam Gibbons of near Rogersville, Tennessee, where they lived until his death in 1819. Maj. John sent his sons, Anthony and John, Jr., by wagon to bring them to Post Oak where he raised his five Gibbons granddaughters along with his own large family. Besides Agathy, Anthony, and John Jr., his other known children were Josiah and Ralph E.

Article Published in Rockwood Times, August 20, 1975 by Elsie Burkett

The Post Oak Springs Christian Church, known as the oldest in the state, had its beginning in the home of Major John Smith in 1812. He and Mrs. John Cloud Haley were the first two members. The mall congregation, having increased in membership until it was too large for the home, moved to Major John's grist mill.

While Major John served in the War of 1812, William Randolph moved to Post Oak Springs to operate Smith's mill. He had been a preacher in the Bullock Pen Baptist Church near the Winton neighborhood since about 1806 and had left that faith to follow the teachings of Barton W. Stone. He preached for 3 or 4 years to the small Post Oak Springs congregation when it met in the mill he tended. After he left to live in Washington, Rhea County, his wife died in 1818 and he died in 1819.

The first building, a log house, was used as a school as well by the other churches. It was located near the Smith Cemetary, formerly known as the Walker Cemetary. The second building was a frame building, also a church and school. It was built in the 1840's and was located in the flat on the old Staples Branch, south of Post Oak Road.

The benches still in use are said to have been made from just one large popular tree. The organ was donated by the Rockwood First Christian Church about 1920 when their pipe organ was installed. The addition on the back of the building was built in 1955 during the ministry of Tom A. Burkett. A shed-roofed extension was built recently.

Because of the historic value of the congregation, many prominent leaders of the brotherhood have served in the pulpit. For many years homecomings at Post Oak Springs have been a widespread interest. Descendants of families who have belonged to this church have become useful in organizing and working throughout the country.

Major John Smith, a cousin of "Racoon" John Smith, was a lay member. He had five grandsons who became preachers, a granddaughter who married a preacher, and the wife of Tom Burkett, minister at Post Oak 1952-1966, is a direct descendant from him. William Randolph had three sons who became preachers and a daughter, Sarah, who married Samuel Sumpter Owings. The Owings family has made an unlimited impact on the growth of the whole brotherhood. John H. Acuff, who married into the Owings family, preached at Post Oak Springs from 1850 until his death in 1875. He and W.J. Owings helped organize the Christian Church in Rockwood where many of its charter members were formerly at Post Oak Springs.

More About MAJOR JOHN SMITH:
Burial: Unknown, King Cemetary, Roane County, Tennessee

Notes for CHRISTIANIA ELKINS:
After the death of her husband in 1840, Christiania let her daughter, Christiana Smith Neathery, and family move in with her. Soon, John Neathery had a contract drawn up giving him control of the farm and home. After several years, Chrisitania's sons testified on her behalf against Neathery, and the contract was broken.

The following is the transcription (as best as I could read the original) one of the original complaint filed by Christiania Smith:

To the Honorable Thomas S. Williams, Chancellor for the Eastern Division of the State of Tennessee, now sitting in Kingston -

Humbly complaining _____ unto your Honor your Oratrix Christiania Smith, a citizen of Roane County, State of Tennessee, that on this 21st of February 1843. She filed her Original Bill in the Chancery Court at Kingston against a certain John Nethery, also a citizen of Roane County, Tennessee, for the purpose of having an article of agreement cancelled, which the said John Nethery had obtained from your Oratrix by practicing a fraud upon the understanding of your Oratrix. Your oratrix charges that the said Nethery intermarried with her youngest daughter and being without a home, was taken to the house of your Oratrix, under the expectation that he would be of service to her, as well as an accommodation to himself, as your Oratrix was an aged

Christiania was in John Smith, Jr.'s home in the 1860 Census. She is thought to be buried beside John in the King Cemetary, Rockwood, Tennessee.

The following are notes from Marilyn Mcluen Files:

"The following is a verbatim copy of the original paper found among the records of Roane County, Tennessee. Some of the writing is extremely good and some is very poor. I shall attempt to make explanatory remarks as I copy. M. Mc."

State of Tennessee Roane County
Be it remembered that on the twenty first (blank) day of September 1843, I M S Millican one of the acting Justices of the peace for the County of Roane aforesaid by virtue of the power in me vested by the Commission hereto prefixed, to examine all witnesses whatsoever, as well on behalf of CHRISTIANA SMITH, Complainant, as of JOHN NETHERY, Respondent, or either of them, in a certain matter of controversy depending on the Chancery Court holden at Kingston in County of Roane and State aforesaid; did cause to come before me at the house of JOHN SMITH in Roane County ANTHONY SMITH aged about fifty one years, AGGATHA GIBBONS aged about fifty three years, WILLIAM BROWN aged about sixty one years, E.G. SEVIER aged about thirty eight years, and ELIZA F. JOINER aged about twenty years, as witnesses on behalf of CHRISTIANA SMITH Complainant, in said cause, and the said ANTHONY SMITH, AGGATHA GIBBONS, WILLIAM BROWN, E. G. SEVIER AND ELIZA F. JOINER being duly sworn on the Holy Evangelists of Almighty God, and cautioned by me to depose the truth the whole truth and nothing but the truth, deposeth and saith as follows,
      ANTHONY SMITH be sworn in due form deposeth as follows,
1. Question by Complainant. If you know anything about the execution of an article of agreement between CHRISTIANA SMITH and JOHN NEATHERY, (Note: Neathery is spelled this way at this place and I have not added the "a". M. Mc.) please tell all you know about it and under what circumstances it was executed.

(page 2) 1. Answer by A. Smith. I saw an instrument of writing that Mr. Nethery I suppose had wrote a kind of an Article between him and my mother as he stated to me; Mr. Nethery came down one evening and told me that mother wanted me to come up the next morning and he insisted on my coming. I went up and he in a short time handed me an instrument of writing which I looked over in silence two or three times as well as I recollect he stated then that mother wanted advice concerning this article or instrument. I told them that I had never saw an article of the kind and I would be no counsel nor give no advice in it further than if she was not satisfied - for her not to go into it until some person saw it who could tell her whether there was any advantages in it or not: I told her that there was men handy that could tell her about it and I knowed or believed they would come: I think as often as three times I cautioned her not to go into it till some person saw it, that did understand it and could tell her whether there was any advantage in it or not. They both Mr. Nethery and his wife then spoke one said there was no advantage in it and the other said there was no advantage wanted. As well as I recollect there was something stated probably about the mill and about possessions - mother (page 3) stated that she wanted RALPH to stay in the house that he was in in and attend to the mill as well as I recollect Mr. Nethery replied and made answer and said to be sure that he must stay there or somewhere. There was several things said at that time as well as I recollect concerning the mill. Mr. Nethery then stated that he had not thought of the mill and probably said just let it go so and let it be verbally understood that he was to have noth___ to do with the mill or something to that amount. I probably stated then that that would be of no force if the article was gone into - he (Nethery) then interlined the article that the mill was to be expected out of it. I recollect of hearing mother state a time or two (but do not recollect at what time it was) that she did not want the scrape of a pen - that she wanted to keep possession herself.

2 Question by same - Who assigned that article of agreement on the part of your mother.

2 Answer by same - I assigned on the part of her at her request.

3 Question by same - Was there any person called into advise before the article was assigned besides yourself

3 Answer by same - There was not.

(page 4) 4 Question by same - What is the age of your mother CHRISTIANA SMITH and what is her capacity to transact business.

4 Answer by same - From the record it appears to be seventy three years - I should suppose her capacity to transact business was very small as she appears to be very frail and quite illiterate.

5 Question by the same - If there was any remarks made by your mother about this Contract at the time her signature was put to the article please state what they were?

5 Answer by same - The article or part was read and Mr. Nethery said that was about their bargain. Mother said she did not know that she had made any bargain.

6 Question by same - Do you know whether dower has ever been assigned or layed off to your mother out of the estate of JOHN SMITH, deceased, or not.

6 Answer by same - It never has that I know of.

1 Question by Respondent Nethery - At what time was the article above alluded to entered into.

1 Answer by same - Sometime about the first of January 1842 as well as I recollect.

(page 5) 2 Question by same - Did your mother request that any other person should be sent for as counsel at the time the article was assigned.

2 Answer by same - Not that I recollect of.

3 Question by same - Are you sure that both myself and wife replyed at the time you stated that there was no advantage wanted.

3 Answer by same - I am sure that you both did reply - and one stated there was no advantage in it and the other that none was wanted.

4 Question by same - Did i not read the article of agreement to you and to your mother after you had examined it.

4 Answer by same - You read the article to us or a part of it. I cannot say that it was all read or that it was not.

5 Question by same - Was it not after the article was read that your mother raised an objection because that it was not inserted in the article about RALPHs continuing to live in one end of her house.

(page 6) Answer by same - It was on that day that the article was assigned that mother made the statement that she wanted no writings not the scrape of a pen was the language

      Respondent object to answer as not being an answer to the question.
      Objection overruled by the Commissioner and refered to the Hon.
      Chancellor.

7 Question by same - Did your mother not make her own mark on the article of agreement.

7 Answer by same - She touched the pen with her fingers at your suggestion.

8 Question by same - Do you believe that your mother has common sense.

8 Answer by same - I suppose owing to her advanced age and her being Iliterate she might be said to have common sense.

9 Question by same - Are you not interested in the event of this suit?

9 Answer by same - Not any further than for the benefit of my mother personally myself I have no interest in it.

(page 7) 10 Question by same - Did you ever see the article between myself and your mother after you assigned the same before you entered into another with her for the same property mentioned in the one you signed for her.

10 Answer by same - No I never saw the article between the times.

11 Question by same - Is the article here presented to you the one that you assigned your mothers name to.

11 Answer by same - I acknowledge that the signature of CHRISTIANA SMITH to the article here presented was signed by me.

(The following "12th Question by same" has been crossed through with a pen but can be read. M. Mc.)

12th Question by same - If you never read the article after you assigned it for your mother and before you entered into one with her yourself, how did you asertain that it was so full of fraud as to cause you to enter into a new contract for to extricate your mother from the first.

12 Question by same - Did you understand the contract between me and your mother at the time you assigned the same.

12 Answer by same - I did not understand it.

13th Question by same - What were your motives for entering into another article with your mother embracing the same property which she had contracted to me.

(page 8) 13 Answer by same - My mother become dissatisfied and insisted on me and brother JOSEPH to attend to that business. Mother had some counsel from some source to do that way. I insisted not to have anything to do with it, she still insisted for us to do so and for her satisfaction we done so.

14th Question by same - Do you know why your mother became dissatisfied with the contract between myself and her.

14 Answer by same - I do not know why it was that she became dissatisfied more than what I have heard her say.

15 Question by same - Of your knowledge do you know of my having at any time mistreated old Mother Smith.

15 Answer by same - I do not know that - I ever saw you mistreat her unless it was one day that she went there for her things and you (the wordss "would not" have been drawn though with a pen and "you did appear willing to give them up" have been written in above.)

7 Question by the Complainant - Where does CHRISTIANA SMITH reside and from whom does she get or receive her support

7 Answer by same - She resides here at the place with BROTHER JOHN and gets her support from him as I suppose. I expect she gets her bread from the mill.

8 Question by same - How long has she been absent from the house of Mr. Nethery.

(Inserted here between pages 8 and 9 is the "article" between CHRISTIANA SMITH and JOHN NETHERY referred to above. No doubt it was introduced as evidence. I will continue with page 9 and attach the Exhibit (Article) at the end of the deposition. M. Mc.)

(page 9) 8 Answer by same - I think between twelve and fifteen months is as near as I can come at the time.

      Respondent Nethery objects to the two last Questions as not being             proper at this place as they did not grow out of the cross
      examination.
Further this deponent saith not.
                  (s) ANTHONY SMITH

AGGATHA GIBBON being duly sworn states

1 Question by Complainant - If you know of any of the grandchildren of CHRISTIANA SMITH      being prevented from getting fruit out of the orchard of MAJ. JOHN SMITH Dec by JOHN NETHERY since he has been in possession of that place tell all you know about it.

1 Answer by AGGATHA GIBBONS - I never have saw him interrupt any of the children but once and that was last Season: I seen some of JOSIAH SMITHS children and JOHN SMITHS oldest boy in the orchard one Sunday last year and I saw JOHN NETHERY walking after them and he drive them out and I suppose for some of them come out crying - me and mamma was at JOS.

2 Question by same - From your mothers age and infirmity do you suppose her capable of making a contract respecting the management of real property.

2 Answer by same - I would not suppose she was. I am a good deal younger than her and I don't feel capable.

(page 10) 1 Question by Respondent NETHERY - Do you believe that our Old mother Smith has comon sense.

1 Answer by same - I believe that she has had as much sense as common people and has as much now as common people of her age and education and so fourth.

2 Question by same - Do you of your own knowledge know of your mother having at any time made bad contracts by which she wasted her property.

2 Answer by same - I do not know of mother having made any contracts of any importance.

3 Question by same - What is the state of feeling between myself and ANTHONY SMITH.

3 Answer by same - From what little I have understood today I believe you are both mad with one another.

4 Question by same - Are you not expecting to get in possession of the place where I now live should the agreement between myself and your mother be disolved.

5 (this is the number given in the document, number 4 Answer by same has been skipped, however, this appears to be the answer to number 4) Answer by same - No thank God I am not. I hant the leas idea of ever living there again certain and sure.

6 Question by same - Do you of your own knowledge know of my having mistreated your mother CHRISTIANA SMITH.

(Page 11) 6 Answer by same - No I don't.

7 Question by same - Are you in any way interested in the even of this suit.

7 Answer by same - Nothing more than I want Mother to have her right. I don't want any of it myself.

8 Question by same - Did you ever persuade; or do you know of any other person persuading her to leave her home.

8 Answer by same - I no I never did persuade her neither do I know of any person that did.

9 Question by same - Did you never tell her that I was by means of my contract or conduct or otherwise cheating her out of her living and property and that I was in many repects a very great rascal.

9 Answer by same - I told her to guard against you before it was done or you would do it - I told her afterwards that you had done her Just as I had told her you would do that had got all that she had.

10 Question by same - Have not your feelings for a long time been very ill towards myself.

10 Answer by same - They have.

and further the deponent saith not her her
                  AGGATHA x GIBBONS
                        mark

(page 12) WILLIAM BROWN being duly sworn says

1 Question by Complainant - If you know anything about a demand of property made by MRS. SMITH and reprisal by MR. NETHERY please tell all you know about it.

1 Answer by WILLIAM BROWN - In the summer or fall of 1842 I was requested to visit the complainant MRS. SMITH. I found her at her sons JOSIAH SMITH. She mentioned to me her object in sending for me was to get some advice as to the course she ought to pursue to git the possession of her property which she said was at MR. JOHN NETHERYS saying at the same time that MR. NETHERY would not permit her to take it way from his possession. I then observed to her I thought she was certainly mistaken. If she would go with me to MR. NETHERRYS (sic) I felt pretty well assured that NETHERRY (sic) would agree to give her up her property. Accordingly we walked up to NETHERRYS and she then requested of NETHERRY to let her take her beds and some other articles I think among other things there was a chest she wished to git. MR. NETHERRY at first replied he would give her answer at some convenient time but finally refused that MRS. SMITH or any person for her should remove any of her property - that she was welcome to come back and stay at his house and that he would treat her well, she replied she could not stay with him amongst other reasons said his abuse of her children in her presence was such as to make her miserable.

(page 13) 2 Question by same - From your acquaintance with MRS. SMITH taking into consideration her age and bodily infirmity would you suppose she was capable within the last two years to have made a contract touching the management of her property.

Answer by same - MRS. SMITH has for some two or three years past been under considerable affliction. She is pretty far advanced in life. I think her in possession of very little inergy from the State of her health and her age. I am bound to think she would be very credulous and easy pussuded into measures that she did not understand thier (I cannot read this word, M. Mc.). I would not therefore believe her fully competent to manage matters of importance.

1 Question by Respondent - Do you believe that Old Mother SMITH has ordinarry natural sense? And would she not be capable of understanding a common plain article of agreement.

1 Answer by same - I am not prepared to give a definite answer to this question than the one given to the second question propounded to me by complainant.

2 Question by same - At whose instance did you go to the house of JOSIAH SMITH as above stated.

2 Answer by same - MRS. SMITH and her son ANTHONY sent for me as I now think.

3 Question by same - Did not ANTHONY SMITH and JOSIAH SMITH complain much in your hearing about the way that I had treated their mother and seek counsel of you. (Page 14) By which they might remove me from the place where I lived, please state all you (sic) about it, and state the counsel if any you gave.

3 Answer by same - I may have heard both ANTHONY and JOSIAH SMITH speak of your having taken the advantage of the complainant as to any particular ____________ of theirs or of any determination other than to try and have their mother reinstated to her former situation I think they have both asked me to advise them the course that ought to be persued to restore their mother to her rights. I have I think refered to lawyers for the purpose of regulating this matter.

4 Question by same - Did you not advise them to take up the matter and have their mother restored to their home.

4 Answer by same - I have no distinct recollection about it.

5 Question by same - Do you know anything about the State of feeling between myself and ANTHONY SMITH.

5 Answer by same - From what I hear from the parties I should consider that they were hostile and further this deponent saith not.

                  (s) W. BROWN

(page 15 is not numbered)

ELIZA f JOINER being duly sworn states

1 Question by Complainant - Do you know of JOHN NETHERY preventing any of the family of the SMITHS from getting fruit out of the orchard where he lives.

1 Answer by ELIZA F. JOINER - Yes sir I do. There was myself and MRS. SMITH and a girl that she has living with her and two of HENRY KINDRICKS daughters went over one Wednesday morning as well as I recollect it was the 29 day of August but I am not certain 1843. MR. NETHERY came out to us and wanted to know where them apples was going to. He said that if myself and HENRY KINDRICKS daughters or SARAH KEY wanted them we were Just as well come to them as him or his children - but if they were going to them god damned Sugers he was going to have an emptying spell. Some of the girls asked him who he called Sugers and he said JO SMITHS. He went on down to where MRS. SMITH and this girl that is living with her were picking up some apples off of the ground. I was not near enough to hear and see all that took place down there but he gathered this girl that lives with MRS. SMITH and put her out of the orchard in as rough a manner - or rougher as I thought any gentleman would have done a woman and after he done that he turned ( next page - not numbered) to MRS. SMITH she ws something like twelve or fifteen steps from the ____ and had started on to go out with a few apples in her apron; he met her and ordered her to throw down the apples she kept trying to get along to the ______ and he kept right before her cursing of her - she throwed out her arm and says NETHERY I have not been pestering of you or saying a word to you look here at the apples lying here rotting and that her mother give her leave to come here and get apples when she wanted them and he replied and said god damn you, I will have you to know that mother has no authority to give you nor nobody else leave to come here and get apples that she had nothing to do with anything there, that she had nothing there that she went off and left it and what was there was his and there was not men enough out of hell to carry them up there, that he did not fear god man nor the Devil and he tried to make her promis if he would let her out with them few apples that she would not come back there anymore but she did not make that promise. She got out with them after trying a right smart while and I suppose took them home but he swore by all that was good and _______ that there should not be one taken there - and further this deponent saith not.
                        (s) ELIZA F. JOINER

E. G. SEVIER being duly sworn states as follows:
(Part of this writing is poor and faded. M. Mc.)
1 Question by Complainant - How long have you been acquainted with CHRISTIANA SMITH and how far do you reside from her.

1 Answer by E. G. SEVIER - I have known MRS. SMITH about 12 years. I live about one mile from her.

2 Question by same - Have you ever saw and read an article of agreement between CHRISTIANA SMITH and JOHN NETHERY and if so, from your knowledge of MRS. SMITH do you think she would have been capable of understanding the effect and meaning of such an instrument at the time it ws executed.

2 Answer by same - I have seen and read an article of agreement between the parties and from the opinion which I entertain of MRS. SMITH capacity I have no idea that she was capable of understanding the import and obligation of such a contract.

1 Question by Respondent - Do you know what was the condition of the place where MAJ JOHN SMITH formerly lived at the time of his deceas. If so State its condition.

1 Answer by same - I cannot give a Satisfactory answer to this question. I think the land at least a portion of it was very much worn and the fencing out of repair.

2 Question by same - Do you believe that Old Mother Smith has comon natural sense.

(next page not numbered)2 Answer by same - I have no doubt but MRS. SMITH has had and yet has common sense, very much impaired by age and bodily infirmities.

3 Question by same - Did you ever hear Either ANTHONY SMITH or JOSIAH SMITH seeking council by which they might remove me from the place where I now live. If so state all you can recollect about that matter.

3 Answer by same - I have frequently heard both of them speaking of your removal from the place. They have spoken to me in reference to the article which you held upon their Mother stating it to be a fraud practised upon her and have asked my advice as to the course necessary to be pursued to effect your removal but I have no recollection that they in a single instance adopted my opinion. I do not recollect of hearing either of them consulting any other person.

4 Question by same - Do you know any thing about an article of agreement which exists between ANTHONY SMITH, JOSIAH SMITH and CHRISTIANA SMITH.

4 Answer by same - I have either read or heard an Article between the above named parties.

5 Question by same - Were not heavy charges of fraud made against me by ANTHONY SMITH in relation to the agreement above alluded to before they entered into the second and what did you understand to be the object of entering into the new one.

5 Answer by same - I cannot state whether ANTHONYs complaints were made before or after as I (next page not numbered) do not recollect if I ever knew when the agreement was entered into. I understood that it was the wish of their Mother to take her business out of your hands and confide it to ANTHONY and JOSIAH.

6 Question by same - Did either of those men at any time make threats in your hearing that they would remove me from the place or threats of any other Character.

6 Answer by same - I have frequently heard them speak of removing you, but so far as I recollect it ws always in reference to the wishes of their mother.

7 Question by same - Do you think Old MRS SMITH to be capable of understanding the agreement which was made between ANTHONY, JOSIAH and OLD MRS. SMITH from your recollection of that instrument.

7 Answer by same - I do not recollect much about the language or substance of that agreement. I do not consider her capable of transacting business of a complicated nature and further this deponent sayeth not.
                  (s) E. G. SEVIER

State of Tennessee Roane County
      I M. S. Millican one of the acting Justices for the County aforesaid, do certify that the foregoing depositions were taken by me and all reduced to writing by me except WILLIAM BROWNS AND E. G. SEVIERS who wrote theirs and signed in my presence; Complainants Counsel THOMAS N. CLARK and JOHN NETHERY Respondent were present during the examination; that I am not of Counsel or attorney to either of the parties, nor interested in said cause. Given under my hand any seal this 21st day of September 1843.
                  (s) M. S. MILLICAN (Seal)
                  Justice of the peace for Roane County

Bill of cost making the foregoing Deposition
Clerk & Master for Commission            $ 0.37 1/2
Sheriff Wm. Brown serving notice            .50
Witness Anthony Smith for one day attendance      .75
Wm. Brown do                        .75
Eg. Sevier - do                        .75
Eliza F. Joiner do                        .75
Justice Millican for taking five depositions      5.00

I do certify that the foregoing bill of cost is correct Given under my hand this 21st day of September 1843.
                  M. S. Millican
                  Justice of the peace

**************************************************************************
Exhibit Attached - The "Agreement between John Nethery and Christiana Smith"

(It is my opinion that the following "articles of agreement" referred to in the foregoing depositions was written by JOHN NETHERY in his own handwriting. If so, he seems to have been an extremely well educated man. M. Mc.)

State of Tennessee
Roane County

This Indenture made and entered into this day by CHRISTIANA SMITH on the one part and JOHN NETHERY on the other part both of the State and County above written Witnesseth to all whom it may concern that the Said CHRISTIANA SMITH hath this day bargained with and employed the Said JOHN NETHERY to Superintend and manage all her business, the said NETHERY binding himself to put in repair and continue to keep in repair and cultivation all that portion of cleared land which shall decend to her as a dowry out of the lands of her deceased husband JOHN SMITH. She doth still further agree with the said JOHN to make Such additional improvements as may be necessary for her well being upon said place, and the said CHRISTIANA doth still further bind herself to keep the said JOHN and his family with her in Joint possession of the dwelling house and all other buildings and Improvements (written in above are the following words, "the mill excepted") which shall descend to her as above, during her natural life; or until this agreement shall be disolved by the death of the said JOHN NETHERY; or by the mutual concent of the bargaining parties. The Said JOHN NETHERY doth hereby bind himself well and faithfully to Superintend all the business thus confided to his care, the expences of which are all to be paid out of the proceeds of the place, the said NETHERY doth agree to furnish all things necessary for her support, and comfort, such as food, rayment, fires, and medicines, Suited to her age and condition of health, and in order that the Same Shall be faithfully (page 2) performed by the Said NETHERY it is agreed by the parties that the Said CHRISTIANA shall have and hold in her own proper name and have in her own charge and possession all the property of every kind and description, which shall arise from the labour of said NETHERY and his family, as well as from the culture of said place as above, having the Same at her own disposal for the procurement of any or all the necessaries which the Said NETHERY shall fail to furnish as above, and it is Still further agreed that the said JOHN NETHERY his heirs and assigns Executors or Administrators, provided, that should the same be disolved during the lifetime of the said CHRISTIANA, there shall be released to her by this contract one full years support, from and after such disolution, and provided further that this agreement shall not be so construed as to give to or invest in the Said JOHN NETHERY any other right or possession of said place than the liberty of living Jointly with the Said CHRISTIANA and he shall have no power whatever to sell, transfer or in any manner convey to any other person or persons whatsoever any part or portion of the benefit or engagements of this Indenture without the concent of the said CHRISTIANA SMITH except the proceeds.

This indenture closed Signed and Sealed by the bargaining parties on the first day of January in the year of our Lord 1842.
                              her
                        Christiana x Smith (Seal)
                              mark

                        John Nethery
            )
            )
Test            )
            )
Christiana Nethery       )

(Note: Christiana Nethery's signature was obviously written by John Nethery. There is no doubt but that the word "Nethery" in her signature and "Nethery" in his signature was written by the same person. M. Mc.)

Marriage Notes for JOHN SMITH and CHRISTIANIA ELKINS:
Marriage listed in the book: Marriages of the New River Valley, Virginia: Montgomery, Floyd, Pulaski and Giles Counties. The book was compiled and edited by Therese A. Fisher, published by Heritage Books, Inc.

Marriage also recorded under Microfilm #0032633.

Smith, John (s/o Anthony Smith) & Elkins, Christianne
February 19, 1788 (MB)

Security & Witnesses: Archibald Elkins, John Thomson, and Josiah Newman.

Children of JOHN SMITH and CHRISTIANIA ELKINS are:

3.	i.	AGATHA³ SMITH, b. February 03, 1789; d. Unknown.
4.	ii.	ANTHONY SMITH, b. June 10, 1791; d. June 26, 1846, Roane County, Tennessee.
5.	iii.	MARY POLLY SMITH, b. October 16, 1792; d. Unknown.
6.	iv.	NANCY A. SMITH, b. April 1796, Virginia; d. September 1857.
7.	v.	JOSIAH SMITH, b. Bet. October - December 1799; d. December 21, 1887.
8.	vi.	JOHN SMITH, JR., b. May 04, 1802; d. 1864, Cumberland County, Tennessee.
	vii.	WILLIAM SMITH, b. October 26, 1804; d. Unknown.

Notes for WILLIAM SMITH:
Chancery Court Records state that in 1842, he was living in Roane County.

viii.

RALPH ELKINS SMITH, b. February 01, 1808; d. Unknown; m. MARGARET BAILEY, January 17, 1839, Roane County, Tennessee; b. Unknown, Maryland; d. Unknown.

Notes for RALPH ELKINS SMITH:
Ralph and Margaret appear on the 1850 Morgan, 1860 Cumberland, and 1870 Roane County Census'. They did not have children listed.

ix.

CHRISTIANA SMITH, b. November 30, 1810; d. Unknown.

[ Home Page | First Page | Previous Page | Next Page | Last Page ]

Search for Family - Learn About Genealogy - Helpful Web Sites - Message Boards - Guest Book - Home