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Note: James Smith was born in Pennsylvania. After he married he moved to Virginia and entered a land claim. He had not been there long until a claimant came along and he had to pay him as much as the land was worth to settle the claim. Before he had quite settled down a second claimant came along. He satisfied his claims in order to save the money he had already invested. Before long a third claimant appeared and this time, James Smith concluded to allow the claimant to buy him out. He then shook the dust of Virginia from his feet and came to "free Ohio where land titles as well as men were free."
James Smith received land patents and purchased other land in Madison Twp. in Jackson County, Ohio about 1814. The land was sold to the children by James. Grave stones for James and Elizabeth and several of the Smith family are found at the Old Union Cemetery near Kitchen. Recolections of Parker Smith for the Standard-Journal; Nov. 9, 1892
James Smith's Will
Be it remembered that heartofore to wit on the 15th day of March AD. 1849 was filed in the Clerks Office of the Court of Common Pleas for the County of Jackson and State of Ohio the last will and testament of James Smith, deceased, which will is in the words and figures following to wit.
In the Name of God, Amen
I, James Smith of the County Jackson, and State of Ohio being sick in body, but of perfect mind, memory, and understanding, do make and ordain this my last will and testament, this 9th day of January in year of our Lord, one thousand eight hundred and forty nine. In manner and form following: First that all my just debts be paid, and fully settled. Secondly- that I give and bequeath my Daughter Jane McCorcle twenty five dollars (which sum, she now owes me.) Thirdly- I give and bequeath my Daughter Margaret Hoover, fifty dollars. Fourthly- I give and bequeath my son John Smith fifty dollars and also a note of hand against Patrick Keenon (of the state of Virginia). Fifthly- I give and bequeath my son Wilson Smith, fifty dollars. Sixthly- I give and bequeath my daughter Elizabeth McCorcle, fifty dollars, also twenty dollars in the hands of Andrew McCorcle, her said husband. Seventhly- I give and bequeath the heirs of Bathsheba Russell, deceased, thirty dollars, which is to be divided equally between them. Eighthly- I give and bequeath my son, Harper Smith, fifty dollars. Ninthly- I give and bequeath my grand-son James L. Smith, (son of Robert Smith) my gray horse. Tenthly- I give and bequeath my grand-daughter, Elizabeth Smith (daughter of Robert Smith) my best bedstead and bedding sufficient for one good bed. Eleventhly- I give and bequeath my sons James Smith, William D. Smith, and Robert Smith all the proceeds of my property, and after the above being fully done, which is to be divided equally between them, except that my son Robert Smith is to have all the money that I now have in hand, also a note or bond due from James Reed, and also a note or bond due from James Romines, and also another note or bond due form Joseph F. Cackley. And lastly I ordain Robert Smith my son sole executor of this my last will and testament, in witness when I put my hand and seal this day and year above written.
Signed in presence of John Shadrack & Samuel C. Gates
In the matter of the last will of James Smith
Personally appeared in open court Samuel C. Gates and John Shadrach of lawful age who being first duly sworn depose and say that the paper writing now exhibited to them from noting to be the last will of James Smith late of Jackson County deceased was subscribed by the said James Smith in their presence that they heard the said James Smith acknowledge the same as and for his last will and testament that at the time of signing said will said testator was of full age of sound mind and disposing memory and under no restraint and that they subscribed as witnesses at the request and in the presence of said testator and further they say not. Samuel C. Gates, John Shadrack, sworn to and subscribed in open court the 15th day of March AD. 1849
Jacob Westfall, Clerk
(transcribed by Larry Carsey)
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