Whitheford 7th Generation
Generation No. 7
65. William7 Weatherford (John6, John5, Thomas4, William3 Whitheford, John2, Thomas1) was born Bet. 1751 - 1754 in Lunenburg Co., Va., and died October 04, 1806 in Mecklenburg Co., Va.. He married Mary Blanks, daughter of Joseph Blanks and Amy Freeman. She was born 1750 in Lunenburg Co., Va., and died March 29, 1823 in Mecklenburg Co., Va..
Notes for William Weatherford:
William's Will was dated 24 May, 1804 and probated October 10, 1806 in Mecklenburg Co., Va. It gave his son, Freeman fifty acres of land adjoining that part lent to his wife during her lifetime. The wife's part would then go to Freeman and his descendants. Wills 5:186
Notes for Mary Blanks:
Mary's Estate was appraised on March 29, 1823 in Mecklenburg Co., Va. It was recorded on April 21, 1823. Wills 9:186
Children of William Weatherford and Mary Blanks are:
113 i. Sarah8 Weatherford, born Abt. 1780 in Lunenberg Co., Va.; died January 27, 1866 in Monroe County, Mississippi. She married Bartlett Smithson December 03, 1799 in Lunenberg Co., Va.; born January 26, 1767 in Lunenberg Co. Va.; died December 09, 1838 in Monroe Co., Mississippi.
Notes for Sarah Weatherford:
When Sarah Weatherford Smithson's husband died in December 1838, Sarah was left with two minor sons, James Albert, and Marion Pinckney. Her youngest daughter, Parmelia Carolyn, was 18 years old. Allen Freeman and Elizabeth were not yet married. James and Marion petitioned the Court for appointment of Sarah, their mother, as legal guardian, which was so ordered. Sarah was granted dower rights to the usual 1/3 of her deceased spouse's estate, including the dwelling house and all buildings. The petition to the court for dower was signed by James Dillingham, James Springfield, Joshua Dillingham, and James Harman on July 15, 1842. Sarah signed her documents as 'Sarah Smithson'. After the Mormon Exodus in 1846, only John, the oldest son, and James, the youngest, were in Mississippi. Those who did not go to Utah were in Alabama. Son John died in 1854. It is probable that widow Sarah Weatherford Smithson, who lived until 1866, stayed with James Albert, her youngest son.
This indenture is included here beacause at this date no original deed has been found for the lands owned by Bartley Smithson in Monroe County, Mississippi. This record of the sale of two parcels of land by John and William Cox Smithson, admins. for their father's estate, to their mother, Sarah Smithson, identifies the parcels. From Deed Book 10, P. 158, bottom:
This Indenture was made and entered into this the Twenty sixth day of September in the year of our Lord One Thousand Eight Hundred and Forty Three, between John and Wm. C. Smithson, Administrators of the Estate of Bartley Smithson, deceased of Monroe County, State of Mississippi, of the first part, and Sarah Smithson Widow of the said deceased of the aforesaid County & State of the second part, Witnesseth that whereas the said party party of the first part did offer the following described land at public sale agreeable to an order from the Orphans Court of the aforesaid County and State; and that the said party of the second part, being the highest and best bidder, it was knocked off to her for the sum of One Hundred and Sixty one dollars and fifty Cents. - Now . for, and in consideration of the sum of One Hundred and Sixty one Dollars and fifty Cents, the receipt whereof is hereby acknowledged hath bargained, sold conveyed, confirmed and delivered, and by these presents doth bargan, sell, convey, confirm and deliver, unto her the said party of the Second part to her heirs and assigns forever, all that Tract or parcel of land, lying, being and situated on the waters of the Buttahatchey in the County of Monroe and State of Mississippi. it being the two thirds of the South half of the South West quarter and also the two thirds of the East half of the North West quarter, it being the balance after taking off one third off of each half quarter for the widows Dower which said Dower takes one third of each half quarter which is taken off of either side of the line dividing the two half quarters North and South lying in Section Twenty, Township fourteen, Range Sixteen West containing in all One Hundred and Sixty Acres, more or less, together wih all and singular the heriditaments and appurtenances thereunto belonging or in any wise appertaining and the revision and revisions and the remainder and remainders, rents, (a___)?, and profits thereof and also all the Estate right Title and interest claim and demand whatsoever of them the said Administrators, either in law or Equity of, in, and to, the above barganed premises and every part and parcel thereof, to have and to hold to the said Sarah Smithson and her Heirs and Assigns to the sole and only purpose use benefit and behoof of her the said Sarah Smithson, her heirs and assigns forever. _A We the said Administrators doth further covenant and agree, with the said Sarah Smithson that we will forever warrant and defend the above described land and barganed for (ever) unto the said Sarah Smithson, her heirs Executors Administrators of Assigns against the right title interest or Claim of ourselves, our heirs, executors, administators or assigns and of all and every other person or persons whomsoever or whatsoever. In Testimony whereof we have hereunto set our hands and seals the day and year avove written.
John Smithson (seal)
Wm. C. Smithson (seal)
Test this 7th Oct. 1843, Joshua Dillingham, H. M. Dillingham.
The State of Mississippi, Monroe County, Personally appeared before me James Dillingham, an acting Judge of Police in and for said County, John Smithson and William C. Smithson, Administrators of the Estate of Bartley Smithson deceased who acknowleded that they signed, sealed and delivered the within and foregoing Deed of Conveyance on the day and year therein written and for the purposed therein mentioned and exp(__?__) as their own act and deeed. Given under my hand and seal this 7th Oct. 1843. Jas. Dillingham (seal) Judge of Police.
Notes for Bartlett Smithson:
There is much information abut Bartlett/Bartley Smithson yet to be found. One unusual factor in his life is that his marriage to Sarah Weatherford took place in December, 1799, when he was 34 years, a rather advanced age, given the custom of the time. He may have been born in Mechlenburg, Va.
Bartley Smithson is found on theCensus for Pendleton Dist., South Carolina, as are his brother Marson Cox Smithson, and his father, Micajah Smithson, for the years 1800 and 1810. Ony his brother Marson and his father Micajah appear in 1820. It is estimated that he moved to Mississippi about 1817, as his son Allen Freeman, b.1816 was born in South Carolina. It is unknown where daughter Susan, b. 1818, and Parmelia, b. 1820 were born.
B. Smithson is found on the 1830 Monroe County, Mississippi census, page 137, line 3 as follows:
2 males - five years and under 10
1 male 10 and under 15
2 males 15 and under 20
2 males 20 and under 30
1 male 60 and under 70
1 female 10 and under 15
2 females 15 and under 20
1 female 20 and under 30
1 female 40 and under 50
No entry for Bartley Smithson has been found in either South Carolina or Mississippi in 1820.
Verification of the parentage of Bartley Smithson cannot be made by Micajah Smithson's Will as Bartley is not therein named. Note: Daughters Kesiah and Mary were not mentioned, nor was son Anson. Micajah's property was willed to Asa. Marson Cox, given $100, Albert Francis and Basil to receive $57 and $100 respectively, "If to be found." Micajah was 92 years old in 1822 when he made his Will. The mortgage on his land in Lunenburg Co., Va., 1790 and the subsequent sale of his land there in 1798 left him with only three parcels of land in Alabama He took only his slaves and stock. No transfer of land between Micajah and his son, Bartley has been found.
A family bible, said by some descendants to have been in the possession of a Mrs. Davis of Alabama was cited by Rulon Smithson, descendant of Allan Freeman Smithson, in his records compiled for the Mormon church. It is unknown where the bible is today (1999)
Verification of parentage is made on the basis of original entries made by William Cox Smithson for the Mormon Church in 1877 which declared his grandfather was Micajah Smithson. Micajah died in 1823 and his son Bartley died in 1838. William Cox was born in 1804. Declarations of children alive during the lifetimes of their ancestors has usually been accepted as proof of parentage.
Bartlett Smithson is recorded in 1810 Census for Pickens, Anderson and Oconee Counties, South Carolina, microfilm #M252 061, page 143. No family members are listed, no Twp. recorded.
Bartley Smithson died intestate on December 9, 1838. He left two minor sons, James Albert and Marion Pinckney. James and Marion petitioned the Court for appointment of Sarah, their mother, as legal guardian, which was so ordered. Sarah was granted dower rights to the usual 1/3 of Bartley's estate, including the dwelling house and all buildings. The petition to the court for dower was signed by James Dillingham, James Springfield, Joshua Dillingham, and James Harman, on July 15, 1842.
Monday, October 7th, 1839, John Smithson and William C. Smithson were appointed administrators of the estate of Bartlett Smithson, after "giving Bond in the penal sum of Ten Thousand Dollars, took the oath prescribed as the law directs."
Thursday, October 8th,1839, James A. Sullivan, Jacob McKown and Joseph Blair were appointed appraisers for Bartlett Smithson's estate, and the Court gave leave to the administrators to sell his personal property. John Smithson, as Administrator of the estate of Bartlett Smithson, was ordered by the court to sell the real estate, in January, 1843. (William C. Smithson's name was not mentioned).
All other recorded estate papers, including acounting of sale, inventory, disposition of slaves, if any, and final accounting are missing from the estate file (Sept. 1999). A copy of the sale of land at Public Auction on either side of the 1/3 Dower rights to Sarah Smithson is to be found under Notes for Sarah Smithson.
The Probate Judge was Richard Dilworth, Mary Ann Smithson's brother-in-law.
Florence's Note: Descendants say that Bartley Smithson and his wife, Sarah Weatherford, lived apart for the last 6 or 7 years of his life. Supportive evidence has not been found. It is possible that there are more records pertaining to the probate of his estate which might be found in files for the State of Alabama, since his land holdings were on the border between Alabama and Mississippi, around the hamlet of Gattman/Gatman, and the border was not permanently defined until sometime after the date of purchase. The demand for $10,000 "Penal" bond from the Administrators of his estate, (His sons John and William) certainly was excessive, and suggests that there was something unusual about the probate process. Bartlett's absence from his home cannot be explained by any activity on behalf of the Mormon Church, because the first missionaries were found in that area only in about 1841, after his death.
No B.L.M. land records have been found for Bartley, either in Alabama or Mississippi. It also is possible that Bartley was among the Cherokee during the 6 or 7 years when he was away from his family from 1830 until his death.
Marriage Notes for Sarah Weatherford and Bartlett Smithson:
Marriage Bond found in Mecklenburg Co. Records, 1765-1810, pg. 47, dated 30, November 1799. Security was Freeman Weatherford, Sarah's brother. Note from Sarah's father, William Weatherford.
They were married Dec. 4, 1799, signed Matthew Dance, Clerk of Mecklenburg Co. on Dec. 7, 1799.
More About Bartlett Smithson and Sarah Weatherford:
Marriage: December 03, 1799, Lunenberg Co., Va.
114 ii. Freeman Weatherford, born 1774 in Mecklenburg, Va.; died Unknown. He married Mary (Polly) Smith December 08, 1800 in Mecklenburg, Va.; died Unknown.
Notes for Freeman Weatherford:
Freeman conveyed 50 acres of land in Mecklenburg Co., Va., to Zacharieah Shakleford. Deeds 12:226. June 27, 1806. "Whereas Mary the wife of Freeman Weatherford cannot conveniently travel to the Court of the said County to relinquish her right of Dower," trsfd. to Reuben Vaughn, Edward L. Tabb and Abraham Keen. Deeds 13:29
More About Freeman Weatherford and Mary Smith:
Marriage: December 08, 1800, Mecklenburg, Va.