1761 David Smith (1761–1806) m. Barsheba Lusk (1773-?)

David Smith (1761–1806) m. Barsheba Lusk (1773-?)

Parents:

Children:

  • James Smith 1792–1855
  • Frances Fanny Smith 1796–1875
  • Delilah Smith 1798–1867
  • Henry Smith 1804–

Siblings:

FACTS and NOTES: 

County Pages with Smith information or to use for research:

Map of Area in York County, South Carolina – Howards Creek/Branch, Goin Moore’s Creek, Smith’s Ford, all adjacent to Union County, SC – on the east side of the Broad River where the Smith family had land.

Howards Creek w Goin Moors Cr and Smiths Ford in York Co SC where the Smith Family had land

Further out view of Howards Creek and Goin Moore Creek area where the Smiths lived (Click to enlarge):

Howards Creek w Goin Moors Cr and Smiths Ford in York Co SC

Howards Creek w Goin Moors Cr and Smiths Ford in York Co SC

Map of area in Union County, South Carolina – Thicketty Creek and Gilkys Creek area adjacent to York County, SC – on west side of Broad River. Where the Smith family had land. (Click to enlarge):

Thicketty Cr w Gilkys Cr in Union Co SC

Closer view of the Thicketty Creek, Gilkys Creek, Grendal Shoals and Lockharts Upper Shoals – area where the Smith family had land.

Thicketty Cr w Gilkys Cr in Union Co SC closeup

Thicketty Cr w Gilkys Cr in Union Co SC closeup

January Court 1787. York Co, SC. Page 61. Bill of Sale from Robert Mountgomery to Abraham Smith for one Negro woman named Hannah & Negro girl named Rinah, proven by David Smith, evidence thereto.

1793 Sept 2 – Pkg #43 Estate of DOHN HARRINGTON
Will of DOHN HARRINGTON. Written : 12 Nov 1792. Recorded : 2 Sep 1793.
Wife : FANNY-A11 the estate during her lifetime or widowhood. Children : Speaks of them but gives no names. Mentions : If the wife remarries the executor is to keep the estate together for the welfare of the children but when all of the children have come of age the estate is to be sold and divided equally among them. Executor : FANNY HARRINGTON, wife, DAVID SMITH, son-in-law, NICHOLAS CORRY, friend. Uitnesses: ABRAHAM GUYTON, JOSEPH MOORHEAD, JOSEPH GUYTON, DRURY HARRINGTON.
“Apr. 7th 1798-Paid JEPHTHA HARINGTON’ for Services Don By power of Attorney in Behalf of the Estate of John Harington, Decd…” signed NICHOLAS
CORRY and DAVID SMITH”

1799 Sept 6 – David Smith fr Thomas Lusk, bk H, p 231 Union Co, SC.
… I Thomas Lusk of the County of Union and State afsd in consideration of 900 dollars to me paid by David Smith of the County and State afsd …. release unto the said David Smith … land containing 150 acres … in the State and County afsd … bounded by land of John Lusk’s … on the S side of Thicketty Creek … on John Lusk’s land … joining Goudalock’s land … to a maple on the bank of Thicketty Creek … by consent of parties by John Smith it being part of a tract held by the said Thomas Lusk containing 150 acres … unto the said David Smith …
Signed: Thomas Lusk
Wit: John Smith, Robert Martin, Stephen Neal
(Susannah Lusk wife of the within named Thomas Lusk …. relinquished unto the within named David Smith … right and claim of dower …)
(Recorded April 1, 1805)
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4L-YSD1-1?i=546&cat=340217

1804 Feb 27 – David Smith to Nicholby Curry, bk H, p 81 Union Co, SC.
… we David Smith and Jeptha Harrington, Gabriel Martin, Ezra Cates, and Abel Harrington are jointly and severally bound unto Nicholas Curry Esqr in the sum of 4000 dollars for the payment of which to the said Nicholas Curry … set our hands and affixed our seals this 27th day of February 1804 … Condition of the above obligation .. the said David Smith and Nicholas Curry were appointed executors and too upon them the trouble of executors of the last will and testament of John Harrington decd and whereas the said Nicholas Curry has it in contemplation to remove within the limits of this State and the representatives and heirs of the said John Harrington decd are desirous that the property belonging to the said estate and the management thereof should be surrendered and given up to the said David Smith now if the said David Smith shall indimnify and save harmless the said Nicholas Curry … from any and all … damages that may arise or accrue to him the said Nicholas Curry by reason of his executorship … giving up the said estate to David Smith and from any and all damages that may arise by reasonof any waste of said estate or misconduct or maladministration of the said David Smith …
Signed: David Smith, Jeptha Harrington, Gabriel Martin, Ezra Cates, Abel Harrington
Wit: Joseph Boyd, James Paschas
(Recorded Feb 28, 1804)
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4L-YS6F-H?i=470&cat=340217

1806 Feb 25 – David Smith m. Bursheba’s will is probated.
1806 Feb 1 – David Smith’s Last Will & Testament is written.
… as touching my land and property to be in the hands of my dearly beloved wife Barshaba enduring her life or widowhood whome I likewise in company with … Mr Harrington constitute make and ordain them the executor and executrix of this my last will and testament.
… (if) my dearly beloved wife should marry then to retain the 1/3 part of my land and moveable property with the use of the negro wench Lue with her issue to be at her disposal amongst my children.
… also my children to be raised and reasonable schooled out of her thirds with the use of Negro Sam.
… I give … the other 2/3 of land to be equally divided between my two sons James and Henry Smith when Henry is of age.
… to my well beloved daughters Fanny and Delilah the other 2/3 of my moveable property to be equally divided between them respectively as they come of age.
…. set my hand this 1st day of February 1806.
Signed: David Smith
Wit: William Catter, Joseph Moorhead, Thomas Lusk
Miscellaneous Probate Records, 1777-1866, Index, 1777-1961; Author: South Carolina. Probate Court (Union County); Probate Place: Union, South Carolina. Probate Records, Box 5, Packages 1-54. (Box 5, package 6)
https://www.ancestry.com/imageviewer/collections/9080/images/004753064_00064?pId=434603
Probate:
[Page 1 – Cover of David Smith estate probate handwritten]

Box 5 Pkg 6
Est of David Smith
Ex Nicholas Cory

[At the bottom left typed sideways]
A. G. KENNEDY
Judge of Probate
Union, S. C.

[page 2 handwritten return of Appraisement of Inventory]

Appraisement of the Estate David Smith Decd
Filed 25 May 1806

For pursuan____ to a warrant unto us directed By William Rice Esquire we have p___ceded
According to the Instructions there off and do Certify the __ within is a true return of the Personal state of David Smith Deceased Given under our hand this 12th of April 1806.
Jno Martin (seal)
John Lusk (seal)

[page 3 handwritten inventory]

In appraisement of David Smith’s property
Deceased

One sorrel Mare named Figgy [?] $110
Chany [?] Mare 65
Ad__ventor 60
Lady Colt 40
Six head of small Cattle 20
Black Cow and Calf 10
Bunde (?) Cow & Calf 12
Whiteface Cow 09
One Steer 12
Ditto 12
Cow Big with Calf 12
One heifer 09
One Steer 07
One Cow old 08
Four head of Sheep 08
Twelve heads of hogs 18
One sow and piglets 05.50
Two box hinted [?] 01
Two augers and two Sod tongs 02
Two ball and brads 02
[?] Hammers and Chains & Doubletree 07.50
[?] Three ploughs & Clevises [?] 04

[page 4 handwritten inventory continued]

Hammer, wedge, sawing knife bits 01.50
2 foots [?] 2 ovens, skillet, spiders [?] 12
3 axes 04.50
Handsaw 02
3 Hoes 02
2 Barrels 0.50
2 pot hooks and fire shovel 01
1 tub 2 barrels 01.25
1 ladle pan hook 01
1 loom 5 estays [?] and harnesses 08
1 buttering tins [?] dishes [?] 4 basons [?] 6 tins 14.15
One bell 00.15
One plough 03.50
7 Chairs 02
One table 02
3 Coffy [sic] pots 1 spice mill and Canister 04
Cubbert [cupboard ?] furniture 01
Cubbert [sic] 07
Knifebox knives and forks 00.75
2 Wheels 3 pieces of corn [?] 03
1 chest 03
One tho___[?] barrell gun 06
Looking glass 10.15
1 basket and lock chain 03.50

[page 5 inventory continued]

Cotton for ________ 03
2 Saddles 12
Bed ___ [abbreviation for sheets?] bed and furniture 40
Ditto 40
Bed and furniture 42
Short bed and Covering 28
Two sheets 04
9 [?] yards of Cotton Caging 04.05
3 raw hides 06
Corn ___ Barrel 02
Bacon ___ ____ 00.43
Stack of fodder 06
Negro Sam 250
Negro Sue 300
__ Hackell [?] 01
4 pail & ________ [?] 04
One ______ [?] 01
Two ______ [?] 02
Old bri__ and Chisel [?] 01
To 4 adze [?] 01
To 4 ½ yards of Cotton baging [sic] 02
To 4 ___ and Honey pot [?] 02

[page 6 hand written Oath by William Cotten that the will of David Smith is valid]

South Carolina
Union district

Pursuant to a D____ __ ____ by Wm Rice [?] Esquire Ordinary for Union District personally appeared before me Nicholas Corry Esq. William Cotten before one Nicholas Corry Esq, who being duly sworn according [to?] law doth make Oath & say that he the said David Smith within mentioned designed [?]
Sealed published pronounced and declared the same to be & contains this last will & Testament & that he the decd David Smith was then of Sound Judgement & memory to the best of his knowledge & that he did then & there see Joseph Morehead & Thomas Lusk sign their mark as Concurring _________ with himself & in the presence of _____________ ______ ________ Sworn & Subscribed before me this 25 day of February 1806

William Cotten
Given under my hand
And Seal the day and date above

Nicholas Correy JP [Seal}

[page 7 handwritten oath by executors that they will execute the will properly]

South Carolina }
Union District }

We do solemnly swear that the within containeth the last will and testament of the within named David Smith so far [?] as [?] we [?] know & believe & that we will well & truly Execute the said by paying first the debts and then the legally [legacy ?] Contained in the said will & ____ Good & Chattel _____ thereunto ______ & the law [?] charges [?] & that we will make a true & sufficient [next word inserted above] Inventory of all such goods & chattel & [?] _______ & in our power lie so help us god
Sworn & executed before me this 25th day of Feby 1806
Bersheba X her mark Smith
Young J Harrington
The above sworn to and subscribed before me the 25th of February 1806
Nicholas Corry J. P.

[Sideways on page 7]
Last will & Testament
Of
David Smith

Probated the 25th Feby 1806
Recorded said [?]
Back page ______
Examined by
Wm Rice Ord.

The will of David Smith is actually in this spot, but has been moved nearer to the top of the memorial.

[page 9 mostly blank – cover sheet for next section. This is faint and difficult to read]

It seems to read:

Warrant of Appl
________
Estate of

David Smith

[page 10 typed form with inserted handwritten entries filling in the blanks]

South Carolina
Union District
By William Rice _____ Ordinary
Union District

These are to authorize and empower you or any three or four of you whose names are here underwritten, to attach and _____ places within this rate [?] as you shall be directed unto by Barsheba Smith executrix & Young J. Harrington executor of the goods and chattels, rights and credits of David Smith late of the said district, deceased whosesoever any of the said goods and chattels are or do remain within the said parts and places, and which shall be shewn unto you by the said Barsheba and Young, and then view and appraise all and every the said good and chattels being sai [?] duly sworn on the Holy Evangelia of Almighty God, to make a true and perfect inventory and appraisement thereof, and to cause the same to be returned under your hands, or any three or four of you, unto the said Barsheba & Young on or before the twenty fifth day of May now next ensuing.
Dated the twenty fifth day of February Anno Domini 1806 and in the thirtieth year of American Independence.

To Messrs.
Thomas Lusk, John Smith
William Cotten, John Martin

MEMORANDUM, This Twenty fifth day of February in the year of our Lord one thousand eight hundred and six personally appeared before me William McCulloch Esquire, one of the justices assigned to keep the peace in and for the county of Union– Wm Cotten, John Lusk and John Martin being three of the appraisers appointed to appraise the goods and chattels of David Smith deceased, who being duly sworn made oath that they would make a just and true appraisement of all and singular the goods and chattels, (ready money only excepted,) of the said David Smith deceased as shall be produced by Barsheba Smith Extc & young J Harrington Executor of the estate of the said David Smith Deceased and they would return the same certified under their hands unto the said Barsheba or Young the Extx or Extr within the time prescribed by law.

Sworn and subscribed before } William Cotten
me this 27th day of February 1806 } John Lusk
Wm McCulloch JP } Jno Martin

[page 11]

The Ordinary } Dedument [?]
To } upon
Nicholas Corry } the writ [?]
The } & Qualify [?]
Of Executor of
David Smith
(fancy scroll)

[Written sideways on page]
This lots [?] Certify that I have executed the within Dedumna [?] for the Direct [?] to the Best of my Ability February the 25th 1806
Nicholas Corry

[page 12 handwritten]
South Carolina
By William Rice Esquire Ordinary for Union County

To Nicholas Corry Esq.

I reposing [reporting?] official trust and confidence in the Integrity Care and Circumspection of you the said Nicholas Corry Esq have and by these presents do give unto you the said Nicholas Corry Esq full power and authority to examine the Several Witnesses to the last Will and Testament of David Smith decd upon their several Corporal oaths to be taken on the Holy Evangelity of Almighty God touching the due Execution thereof According to the form of the statute in that Care made and provided, and also to administer the usual oath to the said Barsheba Smith & Y J Harrington [inserted] ^ Executrix & Executor and a due return of your doings herein You are to make and give under your hand and seal for my approbation or disallowance Given under my hand & Seal this 24th day of February in the year of Our Lord one Thousand Eight Hundred & Six

Wm Rice Ord [seal]
[fancy scroll]

1811 Dec 2 – John Smith to William Moorhead, bk L, p 254 Union Co, SC.
… I John Smith of State aforesaid and District of Union for and in consideration of the sum of 115 dollars and 70 cents in hand paid by William Morehead of District aforesaid …. sell and release unto the said William Morehead one half of a tract of land originally granted to the said John Smith containing 194 acres lying and being in the District on the S side of Thickety Creek bounded N and E on John Lusks S on William Cotter N on lands belonging to the Estate of David Smith decd …
… condition of the above is such that if the above bounden John Smith do well and truly pay … to William Morehead …. a note of hand for 110 dollars … the above to be void …
Signed: John Smith
Wit: Violet Morehead, Davis Goudelock
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSKJ-QJTD?i=619&cat=340217

1815 Mar 3 – #14 JEPTHA. HARRINGTON and Heirs { Writ in Partition
VS
Y.I. HARRINGTON, Exor. & c
Date: 3rd Monday in Mar 1815
States : JEPTHA HARRINGTON, HEZEKIAH HARRINGTON, BUT HARRINGTON, GABRIEL MARTIN and DELILA, his wife, THOMAS LUSK and wife, BARSHABA, EZRA CATY and wife, RHODA, heirs and legatees of JOHN HARRINGTON, decd.
J0HN HARRINGTON left a will of which Y.I. HARRINGTON, Esqr. is the executor of the will of DAVID SMITH, who was the executor of the will of JOHN HARRINGTON.
That JOHN HARRINGTON sized at the time of the death in his own right 600 acres on Giikie (?) and Abbington Creek adjoining the lands of ___ MORGAN, ABRAHAM GUYTON, NICHOLAS COREY, JOHN JEFFREY and others.
Commissioners: NICHOLAS COREY, Esqr., DRURY HARRINGTON, JAPTHA HARRINGTON, JOHN JEFFREY, Esqr., JOSEPH MOORHEAD.
Results: Commissioners decided land should be sold and the money divided among heirs.
https://www.familysearch.org/ark:/61903/3:1:3QHV-J38D-HVSS?i=98&cat=388565
https://www.familysearch.org/ark:/61903/3:1:3QHV-J38D-HJG3?i=101&cat=388565 (surveys)
https://www.familysearch.org/ark:/61903/3:1:3QHV-J38D-H932-7?i=21&cat=388565 (recorded in book)

1817 Jan 27 – James Smith & Henry Smith fr Thos and Barsheba Lusk, bk N, p 314. Union Co, SC
… whereas David Smith late of the Dist & State afsd departed this life some time in the year of our Lord 1806, prior to which time he made and executed his last Will & Testament, wherein amongst other things the following clause appears, towit, “provided she my dearly beloved wife should marry, then to retain the one third part of my land” together with certain other restrictions and encumberances therein set forth, and the said Barsheba Smith widow and relict of the said David Smith, having since that time intermarried with Thomas Lusk of the Dist & State afsd, now know ye that the said Thomas Lusk and Barsheba Lusk, for and in consideration of 100 dollars to us paid by James Smith and Henry Smith heirs and devisees of the said David Smith decd, have … sell and release unto the said James Smith and Henry Smith … all our right title and claim of in or to the 1/3 of the real estate of the said David Smith deceased …
Signed: Thomas Lusk, Barsheba Lusk
Wit: Jephthah Harrington, Young J Harrington
(Recorded Feb 3, 1817)
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSLK-NSZG-1?cat=340217