Treasure Chest Thursday, Dolly Smith of Mount Hope, Orange County, New York 1795-1880

Published in the Middletown Daily Evening Press, Middletown, New York Thursday, January 28, 1875:

Remarkable Longevity

   We are indebted for the following interesting statement to Mr. Walter Moore, the obliging ticket clerk at the Erie Railroad office at Otisville. It indicates a very healthy population, and we doubt if any town in Orange County can make a showing equally good, for it must be admitted that to find among less than 2,000 persons, 32 who are above the three score and ten allotted to man's life is quite remarkable:

   Thomas Borland, 89; Mrs. Thos. Borland, 88; Mrs. Polly Green, 88; Mrs. Quigley, 87; Mrs. Annier Mapes, 87; ... Miss Dolly Smith, 83; ... 

     Otisville, Jan. 23d, 1875.

From The Daily Argus, Middletown, New York Saturday, Feb. 28, 1880:

Where People Grow Old

   The town of Mount Hope, in this county, with 1,500 inhabitants, probably has more aged people in proportion to its population, than any other town in the county. We append a list of twenty old residents, whose united aged foot up to 1,689 years.

   Thomas Borland 92, Henry McNish 90, ... Dolly Smith 86, ...

    P.J. Union

Printed in The Daily Argus, Middletown, New York Thursday, May 6, 1880

Mount Hope,

                Correspondence of the Daily Argus

     Dolly Smith an aged maiden lady, of this village, died last Tuesday, after reaching the age of eighty-six years. She was a smart, active, industrious and intelligent woman to the last.

Dolly prepared a will which was presented in Orange County, New York Surrogate Court April 25, 1881. Dolly's will named nieces and nephews as well as identified a brother. 

Dolly Smith Will Transcription:

The Last Will and Testament 

                   Of

            Dolly Smith 

Admitted to Probate as the Will of Real

and Personal Estate, the 25 day of

April A. D. 1881, and RE-

CORDED in Liber No. 43 of Wills,

on Pages 347 &c.

   In the name of God Amen I Dolly Smith of Mount Hope, Orange County, New York being of sound mind and memory and considering the uncertainty of this frail and transitory life do therefore make ordain publish and declare this to be my Last Will and Testament, That is to say, First, after all my lawful debts are paid and discharged, I give and bequeath forever to my niece Cornelia Conkling, of Brooklyn N.Y. my house and lot and all my household furniture situated in the village of Mount Hope, Orange Co., N.Y. I also give all the money due me, and at present, in the hands of W. L. Ogden of Warwick NY being all the money of which I am possessed, and also all I may be hereafter possessed of to be divided equally among the following named five persons, to wit: My nephews, Coe Conkling of East Salamanca, Cataraugus Co. N.Y.; Coe Smith and Gilbert Smith sons of my brother Gilbert Smith of        Co. Michigan, and my nieces Mrs. Harriet Field, of Brooklyn N.Y. and Mrs. Easter Bennett wife of Alvi Bennett, of Middletown N.Y.  All debts due by me at time of my death and funeral expenses to the amount of Fifty Dollars to be paid by Cornelia Conkling and should this amount not be sufficient to pay such debts the balance is to be paid by the other five legatees in equal proportion.

   Should Coe and Gilbert Smith of Michigan not call for their shares as herein named, within one year after my death then I direct the same to be divided equally between Coe Conkling, Harriet Field, and Easter Bennett the same parties heretofore mentioned on this instrument.

   Likewise, I make constitute and appoint Jas. B. Ogden of Brooklyn, N.Y. and Wm. L. Ogden of Warwick. N.Y. to be executors of this my Last Will and Testament, hereby revoking all former wills by me made. 

   In witness whereof I have hereunto subscribed my name and affixed my seal the thirty-first day of January in the year of our Lord one thousand eight hundred and seventy-four 

                                                                                                               Dolly Smith 

   The above written instrument was subscribed by the said Dolly Smith in our presence and acknowledged by her to each of us: and she at the same time declared the above instrument so subscribed to be her Last Will and Testament; and we at her request have signed our names as witnesses hereto, and written opposite our names are respected places of residence

                      James B Ogden    Brooklyn N.Y. 

                      H. B. Ogden    Brooklyn N.Y.

Orange County Surrogate Court

In the Matter of Proving the Last

Will and Testament

                     of

Dolly Smith    Deceased

As a Will of Real and Personal estate

     State of New York

   Orange County ss

   James B. Ogden and H. B. Ogden of the city of Brooklyn in the County of Orange, having on this 25th day of April in the year 1881 personally appeared before me Henry A. Wadsworth the Surrogate of the County of Orange, and being by the said Surrogate duly sworn and examined deponent and say and each says that he was well acquainted with Dolly Smith late of the town of Mount Hope and said County of Orange, deceased: that he and they were present as witnesses and did see the said Dolly Smith now deceased, by writing her name subscribe at the end thereof of the instrument now produced and shown to the deponents purporting to be the Last Will and Testament of the said Dolly Smith, deceased, bearing date the 31st day of January in the year one thousand eight hundred and seventy four: that such subscription was made by the said Dolly Smith, now deceased, and the presence of these deponents the attesting witnesses to said Will: that the said Dolly Smith at the same time declared to said witnesses the instrument so subscribed by her to be her Last Will and Testament: Whereupon these deponents each signed their names at the end of the said Will at the request of the said testatrix, now deceased and that the said Dolly Smith at the time of executing and publishing the said Last Will and Testament was of full age, of sound mind and memory, and not under any restraint and was a citizen of the United States.

Sworn, examined and subscribed before me 

this 25th day of April A.D. 1887 

     H. Wadsworth, Surrogate 

                                                                                               James B. Ogden

                                                                                               H.B. Ogden

Orange County, New York Deed Book 43, 

pages 348-349

Anna Bittle and Jacob Fifer, Augusta County, Virginia, 1795-1858

At a Court held for Augusta County, Virginia on Monday April the 22^nd 1816:

Anna Bittle orphan of Joseph

Bittle being upwards of 14 years

of age appeared in court & with

the approbation of the court made

choice of Jacob Fifer for her Guar-

dian whereupon the said Fifer

with John Shelly his sec^y entered

into and ack^d bond in the penalty of

$300 conditioned as the law requires

which bond is or^d  

Augusta County, Virginia Order Book 35, page 212

 It was wonderful to finally find Anna Bittle’s father, Joseph Bittle, in an official court record. Joseph Bittle’s origins are another puzzle but that is for another day.

 Anna chose her soon-to-be husband, Jacob Fifer, to be appointed her legal guardian. A Find-A-Grave photo of her tombstone let me know she was born June 6, 1795. A little math calculation revealed Anna’s age was 20 years, 10 months, and 16 days on April 22, 1816. She was just a few months shy of her 21^st birthday when she no longer would be considered a minor.

 When Jacob and Anna wed, Jacob Fifer was not 21 years old either. His father, George Fifer, presented a written consent to the Augusta County, Virginia Court:

 April the 22^nd 1816

Mr Clerk Sir these few lines is to Certify that

I George Fifer Sen’r have Consented that

my Son Jacob is to be lawfully married

To M^’s Anna Bittle given from under my hand

Test 

John Shelly                             George Fifer

Augusta County, Virginia Marriage Bonds, Book 15, 1815-1816

Jacob Fifer had more business in the courthouse that day when he and Samuel Cramer obtained a bond permitting Jacob and Anna to marry:

               KNOW all men by these presents, that we Jacob Fifer and Samuel

Cramer                                                              are held and firmly bound unto Wilson C. Nicholas        Governor of Virginia and his successors, for the use of the Commonwealth, in the sum of one hundred and fifty dollars, to which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents, sealed with our seals and dated this 22^nd day of April     A. D. 1816

   The condition of the above obligation is such, that whereas a marriage is shortly intended to be solemnized between the above bound Jacob Fifer bachelor and Anne Bittle spinster of Augusta County, if therefore, there shall be no lawful cause to obstruct the said marriage, then the above obligation to be void, otherwise to remain in full force and virtue.

Signed, sealed and delivered}

In the presence of                    }                                     

Vincent Tapp                                                                                         Jacob Fifer

                                                                                                                Samuel Cramer

Augusta County, Virginia Marriage Bonds, Book 15, 1815-1816

 The last time I wrote about Anne Bittle was on March 15, 2014, in my blog post titled Jacob and Anne's Promise. It also included an image of her marriage bond. Today’s post will update this as I have obtained information documenting Anne’s father and the addition of another child, Joseph Fifer.

 Jacob and Anne’s Children:

1.      Eliza Jane born Dec. 2, 1816, Mount Solon, Augusta County, VA, married Henry Harman Jan. 13, 1834, Augusta County, VA, died July 23, 1895, probably Rockingham County, VA

2.      Joshua Fifer born 1817 or 1818, died June 13, 1821, buried Parnasses, Augusta County, VA

3.      Joseph Fifer born 1819, married Louisa A Quisenberry, died March 26, 1879, Leyburn’s Mills, Rockbridge County, VA

4.      Margaret Fifer born Dec. 1821, married Henry Kiracofe April 15, 1841, Augusta County, VA

5.      James M. Fifer born 1831 Augusta County, VA, died Oct. 19, 1856, Stuarts Mill, Augusta County, VA

6.      William Fifer born 1832 Mossy Creek, Augusta County, VA, died May 28, 1853, South River District, Augusta County, VA

7.      Ellis Fifer born 1833

 Anne (Bittle) Fifer died April 18, 1833, at the age of 37 years. Jacob would later marry Frances Dickerson and Rebecca Balsey.

James Hall, 5th Great Grandfather, Albemarle County, Virginia

 James has been an elusive grandfather. I first learned of him from my 4th Great Grandmother Nancy Hall's marriage bond to Thomas McFall. The bond stated Nancy was the daughter of ‘James Hall deceased’ and was dated August 23, 1814.

 Following is a timeline detailing what I have gleaned from records available to me. I estimate James Hall was born between 1767 and 1771 and died about 1793.

 October 14, 1785

James Hall married Mildred Humphrey, a daughter of David Humphrey Sen. and Jean Taylor, in Albemarle County, Virginia. Mildred’s father gave his consent for her to marry James Hall.

[Source Albemarle County Marriage Bond dated the 14th day of October 1785]

 March 28, 1787

James Hall and his father-in-law were included in the 1787 Albemarle County, Virginia Personal Property Tax List A dated March 28, 1787. David Humphrey’s name appeared first immediately followed by James Hall. David was taxed for one horse and seven cattle and was above the age of 21 years. James was above the age of sixteen but under 21 years of age. He was taxed for one horse and two cattle.

[Source 1787 Albemarle County, Virginia Personal Property Tax List A]

 March 26, 1789

David Humphrey and James Hall again appeared in the Albemarle County, Virginia Personal Property Tax List A on the same page with a few names separating them. The assessment only listed males above the age of 16 years. James had one horse while David owned two horses.

[Source 1789 Albemarle County, Virginia Personal Property Tax List A]

 May 17, 1790

 James Hall was assessed in the 1790 Albemarle County, Virginia Personal Property Tax List A. He was not taxed for any animals.

[Source 1790 Albemarle County, Virginia Personal Property Tax List A]

 September 12, 1793

The Albemarle County, Virginia Court Order Book recorded an indenture of bargain and sale when John Everett sold 100 acres to Mildred and James Hall's daughters Jean Hall, Nancy Hall, Franky Hall, and Sally Hall. The girls were minors on this date; I was surprised they could hold property in their names. I later learned that while minors can buy land in Virginia, they cannot sell it until they reach the age of 21 years.

 The deed was recorded as stated in the Albemarle County, Virginia Court Order Book. According to the deed, Jean, Nancy, Franky, and Sally Hall paid £50 for 100 acres bound by John Everett, John Bolling, John Wilkerson, to a corner white oak of James Hall. John Everett signed the deed, but no one witnessed the agreement.

 I have always been puzzled by the agreement. How come the girls’ mother did not retain the tract in her name?

[Source Albemarle County, Virginia Court Order Book, Year 1793, page 491]

[Source Albemarle County, Virginia Deed Book 11, pages 93 – 95]

 April 2, 1794

Although the deed mentioned above does not state James Hall was deceased in the land description, it is likely. Certainly, he had passed by April 2, 1794, when his widow Mildred (Humphrey) Hall married John Bailey.

[Source Albemarle County, Virginia Marriage Bond dated the 2^nd day of April 1794]

 October 14, 1803

Robert Bolling and his wife Jean sold 7 acres of land to John Bailey, all of Albemarle County on October 14, 1803. The parcel was described as lying and bounded between and by the lands of Stephen Moore, John Everitt, and the Estate of James Hall deceased where John Bailey then lived. The indenture was witnessed by Bolling, James Reynolds Sr., and James Reynolds.

[Source Albemarle County, Virginia Unrecorded Deeds 1785-1863]

 October 27, 1803

John Everitt and his wife, Sarah, sold 160 acres to Stephen Moore in Albemarle County in the North Garden on the waters of the north fork of Hardware. Robert Bolling, Stephen Moore, and John Wilkerson’s property lines were close. James Hall, deceased, was also named in the deed property description.

[Source Albemarle County, Virginia, Deed Book 14, pages 371-372]

 February 15, 1808

James Hall’s daughter, Jean, sold her one-fourth share of the 100-acre tract she owned with her sisters to Stephen Moore for £20. The indenture was produced in Albemarle County Court April 1808 by John Irwin.

[Source Albemarle County, Virginia Deed Book 16, pages 346-347]

 February 25, 1813

Nancy, Franky, and Sally Hall sold their three-fourths share of the 100-acre tract in the North Garden to William Moore for $321. This deed identified the tract as land their deceased father bought from John Everitt who made them a title.

[Source Albemarle County, Virginia Deed Book 18, pages 314-315]

Marriage suddenly to be Solemnized between James Hall and Mildred Humphrey

 

I haven’t been able to locate many facts about James Hall, but I can share his marriage bond. I recently viewed it on microfilm at my library thanks to the Library of Virginia’s interlibrary loan program. James Hall married Mildred Humphrey on October 14, 1785, in Albemarle County, Virginia.

Transcription:

 Know all men by these presents that we James Hall

and David Humphrey are held and firmly bound unto

the Commonwealth of Virginia in the Just Sum of

of Fifty pounds which payment will and Truly to be

made we bind ourselves jointly and Severally our joint

and Several heirs firmly by these presents Sealed with

our Seals and dated the 14^th day of Octer 1785

 

The Condition of this Obligation is Such that whereas

there is a marriage suddenly to be Solemnized be

tween the above bound James Hall and Mildred Hum

phrey Both of Albemarle County, now if there be no

just cause to obstruct the same then this obligation

to be said otherwise to remain in full force

Te__

     Nicholas Lewis

                                                          James Hall        [Signed his mark]

                                                      David Humphrey        [Signed his mark]                                    

As you can see, Mildred’s father’s David Humphrey served as a bondsman and provided a signed consent showing he had no objections to his daughter’s marriage to James Hall.

 

Transcription:

October 14 1785

this is to santify that I have know

objection Against my Daughter

Mildred Humphrey marring

David Humphrey

Jean, Nancy, Franky, and Sally Hall's 100-acre parcel, Albemarle County, Virginia

 

Nancy Hall was born about 1790 and married Thomas McFall August 23, 1814 in Albemarle County, Virginia. Rev. Benjamin Burgher, a Baptist minister, officiated the ceremony. Their marriage bond states Nancy was the daughter of James Hall, deceased. Isaiah Humphrey and Thomas McFall, both bound themselves to the Governor of Virginia in the amount of $150 ensuring a marriage would take place shortly. Isaiah declared Nancy was over 21 years of age before a court clerk the same day.

I wondered if Isaiah Humphrey might be related to either Thomas or Nancy. I found an “Albemarle County Chancery Cause 1820-014 David Humphrey’s Administrator & etc. vs. Isaiah Humphrey’s Administratrix, etc”.  I discovered David and Isaiah were Nancy’s uncles. Their sister, Mildred Humphrey, was identified as Nancy’s mother.

The chancery suit identified Mildred (Humphrey) Hall Bailey's children. Jane (also known as Jean), Nancy, Frances (also called Franky), and Sally were James Hall's daughters. Betsey (also called Elizabeth), John, Lewis D., and Patsey (also known as Martha) were John Bailey's children. 

This was the starting point for new research. The chancery disagreement began after brothers David Humphrey Jr. and Isaiah Humphrey died. David Junior’s widow and Isaiah’s widow were the plaintiff and defendant. The dispute likely began after their father David Humphrey Senior’s death in 1818 and involved the inheritance of David Senior’s slaves.

 Later research revealed James Hall and Mildred Humphrey married Oct. 14, 1785, in Albemarle County, Virginia. The Hall daughters were born sometime between 1785 and 1794 when Mildred was with James Hall. She married John Bailey April 2, 1794, at Albemarle County, Virginia. I’m assuming James Hall had died by this date, and I’m not looking at a divorce.

About nine months before the widowed Mildred Hall married John Bailey, a curious thing happened. On September 12, 1793, John Everitt sold a 100-acre parcel to Jean Hall, Nancy Hall, Franky Hall and Sally Hall all of Albemarle County, Virginia. This land sale piqued my interest and puzzled me. As James Hall and Mildred Bailey married in 1785, these girls would not have been old enough to legally buy land in the State of Virginia. Usually, there are witnesses to land transactions, but not this time. John Everett brought the indenture to the Albemarle Court and acknowledged the land sale in September 1793. [Albemarle VA Deed Book 11, pages 93-95]

The land description mentioned James Hall as a neighbor:

            “one tract or parcel of land containing one hundred acres be the same more or less beginning at a red oak said Everitt’s corner on John Bolings line thence on the same N13 degrees E 93 poles to pointers Wm Nelsons corner on said Bolings line thence on said Nelsons line S35 degrees W120 poles crossing two branches to a red oak John Wilkersons corner thence on said line to a corner of James Hall thence a new cut line to the head of a branch to afore & after poplar thence following the meanders of the branch to bolings line at the beginning”

Beginning in 1794, Jean, Nancy, Franky and Sally Hall were included on the Albemarle County land tax list. Each was taxed for a 25-acre tract which was paid until 1807. After that date, they no longer appeared on the tax rolls.

Albemarle County Deed Book 16, pages 346-347 reveal Jean Hall sold her one fourth share of the 100-acre parcel on Feb. 15, 1808, to Stephen Moore for 20 Pounds. Jean signed the indenture with her mark. There were four witnesses to the agreement. Wm. F. Styles, David Humphrey Jr., Andrew Hart and John Irvin. Wm. F. Styles and Andrew Hart witnessed the sale in June 1808. Jean’s uncle, David Humphrey Jr., served as a witness with no date. John Irvin witnessed Jean’s signature in April 1808 and carried the indenture to Court April 1808 and at a June 1808 Court where it was fully proved and ordered to be recorded.

The land description did not include any of the adjoining neighbors mentioned in the 1793 deed when John Everitt sold the 100 acres to the Hall’s. However, the parcel was said to be in North Garden bound on the east, south and west by Stephen Moore. Dabney Minor’s lands bordered on the north.

About five years later Nancy, Franky, and Sally sold their shares to William Moore of Albemarle County on Feb. 25, 1813. This indenture was indeed informative. [Albemarle VA Deed Book 18, pages 314-315]

            “This indenture Made this twenty fifth day of February one thousand eight hundred & thirteen between William Moore of Albemarle County & Nancy, Franky, & Sally Hall sheweth that said Moore hath Bought of said Nancy, Franky, & Sally Hall all the right interest & title they hold in the land they became Seized of in fee simple by a purchase Made by their dec’d Father of John Everitt who Made them the title they now hold which they have sold there undivided interest in said land to said Moore for & in Consideration of the sum of three hundred & twenty one Dollars to them”

The wording of the land description seems as if James Hall was alive on September 9, 1793, and purchased the tract from John Everitt in person. John Everitt, in turn, put the title in the girls’ names. This would explain my concerns about how minors would be able to legally buy land.                                                         

The following year Nancy would marry Thomas McFall. I did not find anything further about Jean, but Franky and Sally cropped up in future court records which I will blog about in the future.