Descendants of John Exum Smith

 

 

Generation No. 1

 

1.  JOHN EXUM2 SMITH  (JAMES1)1,2,3,4,5 was born September 03, 1823 in Mecklenburg County, North Carolina6,7, and died September 08, 1900 in Aged 77 years & 5 days, New Salem Township, Union County, North Carolina7,8,9,10.  He married (1) NANCY LILLY AUSTIN11,12,13 September 03, 1844 in New Salem Township, Union County, North Carolina14,15,16,17,18, daughter of BRYANT AUSTIN and TEMPERANCE WILLIAMS.  She was born Abt. 1823, and died Aft. July 12, 1855 in New Salem Township, Union County, North Carolina.  He married (2) LEAH TUCKER19,20,21,22 March 28, 1860 in New Salem Township, Union County, North Carolina23,24,25,26, daughter of JOSEPH TUCKER and MARY PECK.  She was born Abt. 1808 in 15 years older than John Exum Smith27,28, and died Bet. 1857 - 1912 in New Salem Township, Union County, North Carolina28.

 

Notes for JOHN EXUM SMITH:

1900 Sep 8 - JES died, Union Co. NC.

He is buried in Cullen Braswell family cemetery.  His wife Leah Tucker Dry Smith is supposed to be buried beside him in an unmarked gave. His 1st wife is probably buried somewhere else.

Cullen Braswell family cemetery is at the junction of 205 between two old store buildings next to the building on the right, near the corner of Brewer's Store;  A grave marker there lists: John E. Smith - C D F - 35 N C Inf. C. S. A. 1st Private, Company F, "Redwine Beauregards" 35th Regiment - N. C. Troops - Enlisted Union County, N. C. on October 4, 1861.; confederate soldier in the Civil War, a courier during the war; Head of Household..Farmer, Could read and write; Buried in the little fenced in cemetery to the left of Mount Moriah Methodist Church at the 5 point crossroad at New Salem.

Since the Post Office was given as Morgan Mill, the sites of these two home would have been on the "other" side of  Euto or New Salem from Pleasant Hill Church.  If you come into New Salem on highway 205, you would turn left or north between the two old store buildings and these two home sites would be between that point and Rocky River.  When you go between the two old store buildings, a small enclosed cemetery will be on your right next to the building on the right.  John E. Smith is buried in that small cemetery. "

notes by Jimmie L. Smith

1861 Oct 4 - JES enlisted in the CSA

Side Confederate:

Company  F,C;

Soldier's Rank_In  Private;

Soldier's Rank_Out  Private

Film Number M230 roll 36

 

picture of John Exum Smith.  It is in the book "State Troops and Volunteers - Vol. I" by Greg Mast.Picture #1.129 - page 68 - information on page 108.

The picture was sent in by Carmen Huneycutt Reavis, a grandaughter.

There are two of the original pictures.  Carmen has one and Rev. Gene Hopkins of Oakboro, N. C.,  has the other one.

 

1st Private, Company F, "Redwine Beauregards" 35th Regiment - N. C.

Troops - Enlisted Union County, N. C. on October 4, 1861.; confederate soldier in the Civil War, a courier during the war.

 

his official CSA records from the NC Archives.  Go to the following site:

http://www.itd.nps.gov/cwss/

 

Exum volunteered in Union County in 1961 before the south started drafting soilders.

? Union Co. Estates Records 1818-1969, CR 097.508.199, J. E. Smith, 1902.

 

 

1835 - JES age 12 migrated to Anson Co. NC with Elisha Sasser.

Quote from Lemuel Smith, grandson of John Exum Smith": Elisha Sasser moved to Union County from Wayne County when John Exum Smith was 12 years old. (Exum was his given name.) Exum Smith was bound to Elisha Sasser at that time. Cullen Smith also moved here with Sasser. Cullen Smith was the father of Elisha Sasser's wife. John Exum Smith was born September 3, 1823 and died September 8, 1900." End of Lemuel Smith quote.

John Exum Smith released all rights, title, trust and interest to the estate which he was entitled to in the estate of Bryant Austin due at the right of his wife to Jacob Austin to who he was duely indebted. 1852 February 23, (Lateral files, Stanly Co. NC library)

 

bought land from Jacob Austin

(Jacob Coleman Austin, born Jun 27, 1812, was the son of Jacob B. Austin, who died in 1858, and grandson of Bryant Austin, Sr., who was also the grandfather of Nancy Lilly Austin, daughter of Bryant Austin, Esq.)

 

 

A grave marker (furnished by the Daughters of the Confederacy)

held prisoner for 2 months, then war ended and he was released.

1840 - JES may be the male listed with Elisha Sasser as age 15-20.

Lived close to Cullen and Aquilla Braswell. Cullen was a miller and John a cooper. John may have made barrels for Cullen Braswell's mill. Other nearby neighbors were Charles and Leah Dry, and Bryant Austin.

1870 - John E. Smith bought the C.J. Sasser estate (per Priscilla).

 

bought land from the C. J. Sasser Estate (Cullen Joseph Sasser married Sarah "Sally" Dry, daughter of Charles A. Dry and Esther Misenheimer, his first wife; the 2nd wife of Charles A. Dry was Leah Tucker, who married John E. Smith).

 

bought land from Jacob Austin

(Jacob Coleman Austin, born Jun 27, 1812, was the son of Jacob B. Austin, who died in 1858, and grandson of Bryant Austin, Sr., who was also the grandfather of Nancy Lilly Austin, daughter of Bryant Austin, Esq.) , and Cullen Smith sold land to J. E. W. Smith

 

 

 

1872 - John E. Smith bought land from Joseph Marshall, administrator of estate of Temperance Austin.

 

(He was settling the estate of Temperance Austin, mother of Nancy Lilly Austin.)

 

1874 - John E. Smith bought land from Coleman Stewart.

(Note: Joseph Stewart and Kizzy Brewer had a son Thomas Coleman Stewart, brother of Culpepper P. Stewart, who was the father of Frances Elmira

Stewart, who married William Jasper Smith, son of John Exum Smith.)

1878 - J.E. Smith bought land from Levi Smith on Lick Branch.

 

J. E. Smith bought 105 acres on Lick Branch from Levi Smith.

1880 - John E. Smith sold 408 acres land to  William Jasper Smith on Lick Branch.

1880 - John E. Smith sold land to John Stanley Smith.

 

sold 408 acres on Lick Branch to William Jasper Smith and also sold land to John Stanley Smith.

1882 - John E. Smith bought two different tracts of land from L.F. Austin.

 

bought land from L. F. Austin, twice that year.

 

 

John E. Smith 25M  Farmer (no dollars appeared for the real-estate) - 25

years old Male, cooper  (Cooper-made Barrels);

Nancy L. Smith 24F - 24 years old Female;

Eva A. Smith 5F - 5 years old Female;

John S. Smith 3M - (John Stanley Smith) - 3 years old Male;

Temperance Smith 1F -Temperance Jane - 1 year old Female

Calvin M. - 1 year old;

 

This gets more interesting when you look at the next house the census taker recorded.

 

1850 Census:

Charles Dry  58M  Farmer     Real-estate $2060

Laura Dry 40F

Ervin Dry 29M Farmer

Sarah Dry 23F

May A. Dry 19F

Elizabeth A. Dry 16F

Charles A. Dry 14M

John Dry 12M

Lydia A. Dry 8F

Rowan Dry 2M

Sarah Tucker 35F

 

"Notice Daniel Dry and Tempry Dry did not appear in the 1850 census because they were not born at that time.

Smith, John E.-age 50;

Leah - age 58 keeping house;

Calvin M. - age 19 works on farm;

Temperance - age 21 at home (Big Tempie);

William J(asper) - age 18;

Temperance C. - age 15 at home (little Tempie, daughter of Leah & Charles Dry);

George W. - age 14 works on farm

? Union Co. Estates Records 1818-1969, CR 097.508.199, J. E. Smith, 1902.

 

Following documents transcribed by Richard Crotwell:

 

March 10, 1902

North Carolina,     )    In the Superior Court.

Union County,     )       Before the Clerk.

 

J.C. Sikes, Admr. of J.E. Smith   )

vs.                  )

J. S. Smith, et. als.             )

 

To the Clerk of the Superior Court of Union County, the plaintiff in the above entitled cause respectfully showeth to the court that Nellie Bryant, Jane Bryant, Bertha Bryant, Clem and Ham Bryant, infants defendants, in the above entitled proceeding and the sale of the real estate to make assets, are minors and without general guardian and that the said minors have been duly seerved with the summons in said proceedings, wherefore the said plaintiff hereby makes application to the said court to appoint some suitable person to act as guardian ad litem for said minors and to represent their interest in said proceedings.

This 10th day of March, 1902.

J.C.

Sikes

Admr.  (signed)

North Carolina,       )     In the Superior Court.

Union County,       )          Before the Clerk.

 

The wording of the 10 May 1902 (signed by J.C. Sikes) and 11 May 1902

(signed by E.A. Armfield) documents appears to indicate all of the Bryant children as minors, however, that might be poor wording and sentence formation.  All of them were not minors because of their ages at the time. Notice that the wording indicates Jane Bryant and Bertha Bryant last followed by the words "infant defendants."   The intention of these documents may have been to indicate only those two as minors.

 

Note of explanation from Richard Crotwell, July 11, 2001

The law requires that orphaned minor children who have an estate, be appointed a guardian to act for them.  This guardian was appointed for the estate settlement only (ad litem).  I think the age of majority was 21 at the time, so, you only see Jane and Bertha Bryant llisted in the guardian's answer (hand written document of 13 March 1902) to the petition to sell land.  Their names have a handwritten "x" mark over them in the 11 March 1902 document which you can see when you receive the copies I sent on Monday.

 

? Union Co. Estates Records 1818-1969, CR 097.508.199, J. E. Smith, 1902.

 

 

The following documents all handwritten.

March 11, 1902

 

North Carolina,   )  In the Superior Court

Union County,     )  Before the Clerk.

 

J.C. Sikes, Admr. of J. E. Smith )

vs.                              )

Petition

J.S. Smith, et. als.             )

 

To the Clerk of the Superior of Union County, the petition of J.C. Sikes, Admr., of J.E. Smith, respectfully shows that he was appointed administrator of the said intestate bu[y] the Clerk of the Court of said County on the-----of-----1902, and at once entered upon the administration of said estate.

Your petitioner further showeth:

 

I.---That from the best information and knowledge, which he has been able to obtain, the outstanding debts of the said estate amounted to about $____.

 

II.---That the personal estate of the said intestate has been exhausted and without satisfying all the creditors of said estate.

 

III.---That at the time of his death the said intestate was seized in fee of the following lands, situated in said County and State and bounded as follows:  Beginning at a stake near the sign post of the fork of Fish and Dumping roads and runs the Fish road S.80 E. 7 chs. to a stake in said road two P.O.; thence N. 10 E.2 chs. and 50 links to a stake by two pines, P.O. and B.J. N.80 W.8 chs. to a pine in an old field two pine pointers; thence S.30 W.1 ch. and 75 links at a stake in the road, two pine pointers; thence S.52 E.2 chs. to the beginning, containing two acres.

 

IV.---that the decedent left him surviving the above named children who are parties defendant to this proceeding.

 

V.---That a sale of said land is necessary to pay the debts of said intestate and the charges of administration.

 

[next page]

Wherefore your petitioner prays:

I.---That a decree may be made my this Court for the sale of said land on such terms as the court may direct.

This the 11th day of March, 1902.

Armfield &

Williams

(signed)

Attys. for petitioners

 

J.C. Sikes, Admr. for the plaintiff in the above entitled cause maketh oath:  That the matters and statements contained in the foregoing petition of his own knowledge are true and those not of his own knowledge he believes to be true.

J.C. Sikes

Admr.

(signed)

Sworn to and subscribed before me, this 11 March, 1902.

E.A.

Armfield  C. SC

 

 

June 3, 1902

To the Clerk Superior Court of Union County

By virtue of an order heretofore granted by the Court in The above entitled proceeding, I proceeded to sell the lots of lands mentioned in the petition in said cause on the 31st day of May 1902 at the Court house door in Said County - at which time T.C. Braswell became the last and best bidder at the auction sale of lands at The price of $100.00 which I hereby recommend as a fair price, and I further recommend that the Sale be in all respects confirmed by the Court.

This 3rd June 1902

J.C. Sikes   Admr

& Commissioner

 

E.A. Armfield CSC

 

[The following written below the above and sideways - probably as a document identification.]

 

J.C. Sikes admr

of John Exum Smith

vs

J S Smith  et als

Answer

 

It appearing to the Court that J.C. Sikes Commissioner heretofore appointed by the Court to sell the lands mentioned in The petition in this cause filed his report of his sale  and no objection being filed by the parties within the twenty days allowed by law allowed by from the filing Said report; It is upon motion of Mssrs Armfield & Williams Attys decreed by the Court that the said report be and the same is herby in all respects confirmed.  It is further ordered that the said Commissioner pay the costs of this proceeding to be taxed by the Court. This 8th Sept 1902

E. A. Armfield    C.S.C

(signed)

[The following small handwritten note] on the Report of Sale document

 

August 31   1905

Mr. Frank Armfield  ???

You can make the title of the J.E. Smith Land to Mr. C.E. Hill?

I signed my Right over to him Some time ago

T.C. Braswell

1885 Dec 31 - J.E. Smith bought 68-3/4 acres from Levi Smith

 

The estate of Levi Smith was divided into six portions of land.

One portion going to A. A. Smith, one to W. W. Smith, one to Zachariah Smith, one to L. E. Smith, one to B. A. Funderburke, and one to J. E. Smith.

 

North Carolina,     )    In the Superior Court.

Union County,     )        before the Clerk.

 

J.C. Sikes, Admr. of J.E. Smith,)

vs.                              )

Order to Sell Land

J.S. Smith, et. als.                        )

This cause coming on to be heard upon the petition of J.C.Sikes, Admr. and being heard it appeared to the court that the personal estate of J.E. Smith, deceased, is insufficient to pay his debts and the charges of administration:  It is therefore ordered and decreed that the lands described and specified for sale in said petition be sold in order to pay so much of the said debts and charges as the personal estate may be insufficient to discharge. It is further ordered and decreed that J.C. Sikes be and is hereby appointed a commissioner to sell said land and that he sell the same on the 28th (struck through, 5th written in) day of April (struck through, May written in) 1902, after advertising the same according to law and report the preceedings without delay to this court.

And this cause is retained for further direction.

This the 11th day of March 1902.

E. A. Armfield

C. S.C.  (signed)

March 11, 1902

J.C. Sikes, Admr. of J.E. Smith, )

vs.                  )

J.S. Smith et. als.              )

It appearing from the sworn complaint and application in this cause that T.F. Bryant, Hamp Bryant, Clem Bryant, Nellie Bryant, Jane Bryant and Bertha Bryant, infant defendants, are without general or testamentary guardians, and that C.N. Simpson their next friend having come into court and certified his willingness to represent said minors, it therefore on motion of Armfield & Williams ordered that C.N. Simpson be and is hereby appointed guardian ad litem of the infant defendants above named in this action and is authorized and directed to appear and defend the same on their behalf as such guardian.

This the 11th day of March, 1902.

E.A. Armfield

C.S.C

(signed)

1823 Sep 3 - birth of JES, possibly in Wayne Co. NC.

1831-1835 - JES became a bound boy to Elisha Sasser, possibly in Wayne Co. NC.

I have been reading about the Battle of Five Forks, where he was captured, along with about 5,000 other men.  He was held prisoner at Hart Island in New York City harbor, luckily for only two months.  The war ended and he was released.

 

More About JOHN EXUM SMITH:

Adoption: Abt. 1830, Probably "bound out" as an orphan possibly to the Cullen Braswell family, , Union County, North Carolina29

Burial: Aft. September 08, 1900, Cullen Braswell family cemetery, New Salem Township, Union County, North Carolina30,31,32,33

Census: 1840, age 15-20, , , North Carolina34

Estate Pap: 1902, Estate property settlement, , Union County, North Carolina35

Milit-Beg: October 04, 1861, Co. F, 35th NC Inf. C.S.A.-CivilWar, New Salem Township, Union County, North Carolina36,37,38

Milit-End: Captured at Battle of Five Forks, Hart Island, New York City harbor39

Moving: Abt. 1835, Came with Elisha Sasser from Wayne County, , Anson County (now Union County), North Carolina40,41

Occupation: Abt. 1843, Cooper-made Barrels

Residence: February 23, 185242,43

Tombstone: Aft. September 08, 1900, John E.Smith-CDF-35 NC Inf.C.S.A.

 

Notes for NANCY LILLY AUSTIN:

listed only as NAN    185

Cemetery near Rocky River in Stanly County. on Howard Road located off NC 205 just before you get to the Rocky River. Intersects with Ledbetter Ford Road. lot of flowering Vinca (Periwinkle) in April. well kept cemetery.

Visit escorted by Bill Howard, son of Ellis Howard. Bill lives in last house on rt. The Bryant Austin Cemetery is located at the very end of Howard Road.  This road is the very last road on the right on NC 205 before you cross the Rocky River into Union County.  The road is located between two ponds and is paved.  The road is paved for a good distance and then turns into a dirt farm road.

 

Mr. Bill Howard, who lives in the last house on the right on the paved portion of the road took us to the cemetery.  The cemetery is on land once owned by Bill's father, Ellis Harward/Howard.  The actual cemetery is on the land that was his sister's portion of the estate, Mrs. Joe Baucom.

 

The cemetery is located on the left about as far down the road as you can go.  It is on a little rise in the middle of a planted field.  It is in good condition.  For some reason this surprised me.  When we first visited the cemetery, the crop was only up about a foot and the cemetery was easy to see from the road.  When I went back two weeks later, the crop was almost up to my thighs.

 

listed as Nancy L. Smith, 24 year old female.

John E. Smith, 25 and his

wife, Nancy L. The children listed are: Eve A. 5, Temperance J.

1, and John 3.

A. and S. are easily seen. At first thought the S. was a C. The inscription was so worn & not deeply inscribed and the Nan was hard to see. only able to see it faintly.

The front part of the date had flaked off and the 58 was very light.

not listed in the 1860 census as the wife of John E. Smith, so she must have died after the birth of her last child, George W. Smith in 1856 and before the next census.

1857 +/- - wife Nancy died.

 

More About NANCY LILLY AUSTIN:

Burial: Aft. July 12, 1855, Austin Cemetery on Ellis Howard's farm unmarked grave, , Stanly County, North Carolina44,45

Census: 1850, p. 85, 86, , Union County, North Carolina

Tombstone: Nan A. S.     5846

 

Marriage Notes for JOHN SMITH and NANCY AUSTIN:

1844 Sep 3 - JES no longer a bound boy.  Starts buying land, marries Nancy Lilly Austin.

1845-1855 - JES & Nancy have 6 children.

John Exum Smith's first wife was Nancy Lilly Austin, daughter of Bryant Austin Esq. and Temperance Williams.  I have not seen a marriage record supporting this marriage, but researchers of the Austin, Nance and Smith families show it.  The following legal record from lateral files, Stanly Co. NC library indicates that John Exum Smith's wife was an Austin: "1852 Feb. 23, John Exum Smith released all rights, title, trust and interest to the estate which he was entitled to in the estate of Bryant Austin due at the right of his wife to Jacob Austin to who he was duely indebted."

 

Genealogy of the Austin Family of Stanly and Union Counties (which was in the Stanly News and Herrald June 4, 1929)  This gives a family history of Bryant Austin I and Bryant II and lists his children and who they married.  It says daughter Nancy Lilly married John Exum Smith, parents of Calvin, J. Stanly, W. Jasper, George W., Mrs. George Bryant and Mrs. Tempe Huneycutt, mother of A. C. Huneycutt.

 

More About LEAH TUCKER:

Burial: Cullen Braswell family cemetery beside second husband unmarked, New Salem Township, Union County, North Carolina47

 

Marriage Notes for JOHN SMITH and LEAH TUCKER:

1860 Mar 28 - JES married Leah Tucker

"Laura had her last baby, Tempary Dry, about 1855 at age 44 or 45. Your gr gr grandmother Nancy ? (wife's maiden name were never shown) had her last child, George W. about 1856, at age 30.  She probably died in 1858 or 1859, leaving your gr gr grandfather John E. in a  tough economic situation with young children.  He solved the problem by marrying the older widow next door."-Jimmie L. Smith

 

"After the death of Nancy Lilly Austin Smith which occured between July 1855 and 1860, Exum Smith married Leah Tucker Dry, widow of Charles Dry.

As you can see by the birth dates, Exum's children were small.  Leah's children were also small.  No doubt Leah had a trying time taking care of so many small children.  One Smith daughter was named Temperence.  One of the Dry daughters was also named Temperence.  Temperence Smith was older and larger than Temperence Dry.  Temperence Smith was called "Big Tempie" and Temperence Dry was called "Little Tempie".  Leah Tucker Dry Smith had this large double family to take care of while Exum Smith was away serving in the Confederate Army." - Priscilla Smith,

 

John E. W M Age 56  Head of Household Farmer Born in N. C. Both parents born in N. C. Could read and write;

Smith, Lear (Leah) ... W ... F... Age 71 ... Wife ...Could read but not write;

Smith, George ... W ... M ... Age 23 ... Son ... Could read and write;

Harrison, Adoline . . . W ... F ... Age 26 ..Single..Niece ... Could read and write;

Harrison, Zenamon or Zerramon  ... W ... M ... Age 6 ... Nephew ... Could read and write;

Hunter, Abraham ... B ... M ... Age 16 ... Servant ... Could not read or write.

 

The 1880 Union Co. NC census lists, with John Exum Smith, a niece -

Adoline Harrison white female age 26 single and a nephew - Zinamon?

Harrison white male age 6.

 

do you remember that on the 1880 Union County census that the household of Exum Smith consisted of:

John Exum Smith

Leah Smith

George Smith (This is the year that he married.)

Adeline Harrison - niece

Zenamon Harrison - nephew

_____Hunter - servant

 

I figure that by this time Leah is getting pretty old and could have been in bad health.  She probably needed help with the chores and Adeline and her son were staying with them to help out.

all were born in North Carolina;

John E. Smith 37 M   Farmer $800 Real-estate  $1378 Estate Married within the yr. ;

Laura Smith 48 F Seamstress  - Married within the year; can't read or write;

Eva A.  Smith 15 F Seamstress;

John S. Smith 12M attended school within the year (This is the J. Stanley at Pleasant Hill Baptist Church Cemetery);

Temperance Smith 11F attended school with the year;

Calvin M. Smith 9M;

William J. Smith 7M (your William Jasper);

George W. Smith 4M;

Roan Dry 12M (Notice the "Dry" surname) attended school within the year;

Daniel Dry 6M  attended school within the year; Temporary (?)

Dry  5F (had trouble reading this one)

 

Note by Priscilla Clark: "Notice the difference in the ages of John E., and his wife Laura, and the fact that they were married within the year.

This tells me that they are a  "blended" family, both probably having lost their spouse in the previous 12 months.

 

Where is Temperance C. Dry, dau. of Leah and Charles Dry?"

 

Note by Jimmie Smith: "Notice that in 1860, both John E. and Laura "fudged" their ages with John E. increasing his age and Laura decreasing

hers.  I have seen this many times before.  Your William Jasper was really 8 years old in 1860, and since the census was taken on September

27, 1860, he was almost 8 and one half.   Notice that the older Dry children probably stayed with their older brother and sister, as both were probably married by the time their mother remarried."

       

Children of JOHN SMITH and NANCY AUSTIN are:

2.                i.    EVA ANN3 SMITH, b. July 27, 1845; d. February 21, 1888, before death certificates were issued, , Union County, North Carolina.

3.               ii.    JOHN STANLY SMITH, b. May 06, 1847, Probably near Olive Branch, Olive Branch, Union County, North Carolina; d. December 02, 1924, between New Salem Union County and, Oakboro, Stanly County, North Carolina.

4.              iii.    TEMPERANCE JANE SMITH, b. February 18, 1848; d. April 22, 1930.

5.              iv.    CALVIN M. SMITH, b. October 06, 1850, Union County, North Carolina; d. July 02, 1904, Stanly County, North Carolina.

6.               v.    WILLIAM JASPER SMITH, b. February 07, 1852, New Salem Township, Union County, North Carolina; d. July 18, 1934, New Salem Township, Union County, North Carolina.

7.              vi.    GEORGE WEBSTER SMITH, b. July 12, 1855; d. October 30, 1928, T. B. (tuberculosis), Stanfield, Stanly County, North Carolina.