John’s Probate moves to completion

Robert Porter Smilie’s Death - October 16, 1851

DIED 

        On Tuesday 16^th ult. Mr. Robert Smilie, Sr., of Tyrone township in the 84 year of his life.

          Mr. Smilie was born July 6th, 1767; his father, Mr. John Smilie, emigrated from Lancaster County in the year 1781, when the deceased was a boy only 14 years old.  From that time to the period of his death he resided on the same farm.  One of the early settlers of this county, he endured the privations and sufferings incident to a pioneer life.  He was respected and esteemed by all who knew him. For the last twenty years he was a consistent and pious member of the Methodist Protestant Church and at length full of years and of hope, he laid down his life in peace, leaving a widow and eight children with a numerous circle of friend and acquaintances to mourn his loss. 

           ‘Blessed are the dead who die in the Lord.’[i] 

From John’s will

"and after the death of the said Robert Smilie I do hereby request order and empower the said [trustees] Presley Carr Lane, Isaac Griffin and Joseph Huston and the survivors or survivor of them and the Executors and Administrators of such survivor to sell ... all the tract of land ... and to pay and divide the same equally to and Among all my Grand Children then living ...”[ii]

Presley Carr Lane, Isaac Griffin and Joseph Huston were all deceased and for some reason there were no survivors, Executors, or Administrators able to function on behalf of the trustees.

Pennsylvania General Assembly 1852

This impasse was resolved by a private bill passed by the General Assembly of the Commonwealth of Pennsylvania.

Pennsylvania, Laws of 1852 No. 211[iii]

This enabled the appointment of an Administrator who then would be able to sell the property and make the distribution to the Grandchildren of John Smilie.

 Fayette County Pennsylvania

Orphans Court Proceedings[iv]

Robert’s son, Robert (1805 – 1876) was appointed administrator of John’s estate.  He devised a plan to sell the estate in 6 parcels. Stewert Strickler purchased the four larger units and two Smilie grandchildren each purchased land along the Youghiogheny River.  Sarah Huston Dawson and her second husband, George Dawson, purchased about 60 acres, and James P. Smilie’s parcel was about 16 acres.  When James Smilie left for Illinois he sold his land to cousin Sarah and George Dawson.

Pennsylvania Supreme Court 1853

Capital for investment or pay off debt?  We don’t know why Mary Ann Smilie and her husband George Shallenberger sold her inheritance rights to John’s estate, but they did.  Then Mary Ann tried to get her inheritance back, and at first was successful in the Fayette County courts, but the decision was appealed to the Pennsylvania Supreme Court where she lost her case. 

“Smilie’s Estate” 1853[v]

Distribution of the Estate

The auditor’s distribution names all of the adult grandchildren of John Smilie including the spouses of the Smilie granddaughters, but not the spouses of the Huston granddaughters.

Distribution to the Grandchildren[vi]

  

Combining the information from the Will with the probate proceedings this is what we know.

John Smilie’s wife, Jane, is named in the Will

John Smilie had three children. It is assumed that Jane is the mother of all his children. Histories state that she is, the family Bible of Robert infers that she is the mother, but there is no legal document supporting the fact.  There is also no fact to counter that assumption.

          Son, Robert, is named in the Will

          The wife of Robert is not mentioned anywhere

Grandchildren named in distribution

          John Smilie

          William Smilie

          Robert P. Smilie

          Mary Smilie married to George Shallenberger

          James P. Smilie

          Jane Smilie married to James Campbell

          David Smilie

          Marshall Smilie  

          Unnamed Smilie daughter married to unnamed Huston is inferred by the Will naming granddaughters, Jane Huston and Sarah Huston.  I have found no probate records for Mary Smilie and husband Joseph Huston.

Grandchildren named in distribution

          Jane Marshall

          Sarah Dawson

          Jane Smilie married to William Craig, both named in the Will.

          Grandson, John Smilie Craig, named in the Will.

Grandchildren named in distribution

          John S. Craig

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[i] The Genius of Liberty, Uniontown, PA, Thursday, November 6, 1851, transcribed by Edward Black 1969 at the Uniontown Public Library.

[ii] Fayette County, Pennsylvania, “Will Book, Vol. 1, Book 1,” pp 286 – 289, will of John Smilie, 1813, Register of Wills Office, Uniontown.

[iii] Pennsylvania. General Assembly. Laws of 1852, “No. 211”, Digital Image, Archive.org retrieved 20 Feb 2015 https://archive.org/stream/lawsofgenerala_1852penn#page/314/mode/2up

[iv] "Pennsylvania, Probate Records, 1683-1994," images, FamilySearch 

(https://familysearch.org/pal:/MM9.3.1/TH-1961-28779-20867-71?cc=1999196&wc=9PMX-MNG:268497501,268545101 images 346 & 347 of 648: accessed 26 February 2015), Fayette County Orphans' Court records June 1852 Vol 5 pp 59 & 61, Uniontown, Pennsylvania.

[v] Pennsylvania. Supreme Court. Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania, Vol. 22, “Smilie’s Estate”, 1855. Digital Image, Google Books retrieved 20 Feb 2015 http://books.google.com/books?id=QuTzAAAAMAAJ&q=130#v=onepage&q=Smilie's%20Estate&f=false

[vi] Fayette County, Pennsylvania, Probate Files, Distribution to Heirs by Thomas D. Davidson, auditor, Register of Wills, Uniontown; 1969 photocopy in possession of Edward Black.

The Will of John Smilie

John’s will and the probate of his estate lay the ground work for this project.  I’m going to examine what the will tells us and what it doesn’t.  Then in the next post we will see what the probate distribution shows.

First, the Will.

My Transcription

Will of John Smilie

In the Name of God Amen.  I John Smiley[Smilie] of Tyrone township in the County of Fayette and Commonwealth of Pennsylvania being in health of Body and of sound mind memory and understanding praised be God for the same, do make and declare this my last will and testament in manner and form following that is to say.  First I give and bequeath unto my beloved wife Jane Smiley [Smilie] the sum of four hundred dollars.  Second I give and bequeath unto my Granddaughter[s] Jane and Sarah Huston each the sum of One thousand Dollars. Third. I give bequeath and devise all that my tract of land and farm containing about three hundred and sixty five acre and allowance of six p cent for roads & c with the appurtenances situate in the Township and County aforesaid whereon I now reside together with all my plate, China, linen, household goods and furniture, implements of farming and husbandry and all my stock, such as horses, cows, sheep, hogs etc unto my said wife Jane for and during the term of her natural life; and from and immediately after her decease, I give, bequeath and devise the same unto Presley Carr Lane, Isaac Griffin, and Joseph Huston all of the County aforesaid Esquire. To hold to them and their heirs to the use of the said Presley Carr Lane, Isaac Griffin and Joseph Huston and their heirs to receive the rents Expenes [Expenses] and profits - thereof in trust for my Son Robert Smiley [Smilie] for and during the term of his natural life; and after the death of the said Robert Smiley [Smilie] I do hereby request order and empower the said Presley Carr Lane, Isaac Griffin and Joseph Huston and the survivors or survivor of them and the Executors and Administrators of such survivor to sell and Convey in fee Simple all the tract of land aforesaid with the appurtenances, also the plate, linen, China, household goods and furniture implements of farming and husbandry and stock aforesaid and upon receipt of the monies arising from such sales or sale to pay and devide [divide] the same equally to and Among all my Grand Children then living and the issue of such as may then be dead - such part thereof only to be paid and devided [divided] equally amongst such issue as would have been coming hereby to the father or mother of such issue had he or she been then living - Fourth I give and devise all that my tract of land situate in Springhill Township in the County aforesaid Containing about one hundred and fifty acres and the usal [usual] allowance for road & c and adjoining lands of James W. Nicholson, Thomas Graham, Cramer and others with the appurtenances unto the said Presley Carr Lane, Isaac Griffin and Joseph Huston and their heirs To hold the same to the use of the said Presley Carr Lane, Isaac Griffin and Joseph Huston and their heirs to receive the rents issues and profits thereof in trust for the Seperate [separate] maintenance of my Daughter Jane Craig without the interference or control of her Husband William Craig for and during the term of her natural life unless the land with the appurtenances last aforesaid should be sold by my said trustees, the survivors or survivor of them, the Executors or administrators of such survivor during the life of the said Jane Craig which they respectively in their discretion are hereby Authorized to do and to convey the same in fee simple to the purchaser or purchasers and the whole of the money ariseing [arising] from such sale to place out a legal interest upon good security in their own names and in such manner as they shall think proper and to appropriate the interest ariseing [arising] therefrom Annually to the seperate [separate] use and mantainence [maintenance] of my said Daughter Jane Craig during her Natural life without the interference or control of her said husband and immedi= after the death of the said Jane Craig to collect the whole of the said money to placed out at interest and to pay and divide the same in like manner as is herein after directed in case of the a sale of the land last aforesaid being made after the death of the said Jane Craig: But in case the said Presley Carr Lane, Isaac Griffin and Joseph Huston, the survivors or survivor, the Executors or Administrators of such Survivor should not think proper to sell the tract of land last aforesaid with the appurtenances in the lifetime of my said Daughter Jane Craig I do herby [hereby] request order and empower them, the survivors or survivor and the Executors and administrators of such survivor immediately after her death to sell and convey the tract of land last aforesaid with appurtenances in fee simple and the money arising from such sale to pay and divide in the following manner, that is to say, the sum of five hundred dollars part them of to be paid to my Grandson, John Smiley [Smilie] Craig and the rest residue and remainder then to be paid and divided equally to and among all my grand Children then living and the issue of such as may then be dead in the same manner as in here in before directed with the respect to the money ariseing [arising] from the sale of the tract of land and farm first mentioned whereon I reside.  Fifth I give, bequeath and devise all the rest residue and remainder of my goods, chattles [chattels], rights, credits and effects whatsoever and wheresoever found to my Grand children to be equally divided among them. Sixth and it is my will and meaning - that my said trustees, or either of them shall not be liable to answer or make good and loss or losses that shall or may happen in placing out the monies at interest allowing to the directions of this my will, or in transacting any money, affairs or otherwise relating to or concerning the execution of the trust mentioned in this my will unless the same shall happen by or through them or either of them wilful [willful] neglect or default not shall either of them my said Trustees be answerable or accountable for the acts, deeds, receipt or disbursements of the other of them: but each of them shall be answerable only for his own seperate [separate] acts, deeds, receipts and disbursments [disbursements], And I do herby [hereby] direct that my said trustees shall and may pay and reimburse themselves and himself out of my estate all reasonable and necessary costs charges and expences [expenses] whatsoever that they or either of them shall or may bear, pay, be put to or sustain in or about the execution of this my will or the trust hereby in them reposed. And lastly I do hereby nominate Constitute and appoint my said Trustees the said Presley Carr Lane, Isaac Griffin and Joseph Huston executors of this my last will and testament In witness whereof I have hereunto set my hand and seal the Nintheenth [Nineteenth] day of November in the year of Our Lord one thousand and eight hundred and nine.

John Smilie  (seal)[i]

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[i] Fayette County, Pennsylvania, “Will Book, Vol. 1, Book 1,” pp 286 – 289, will of John Smilie, 1813, Register of Wills Office, Uniontown.

What does the Will tell us?

·        John’s wife’s name was Jane, to whom he left $400 and the property in Tyrone Twp. until her death, the Tyrone property then going into trust.

·        Two of John's granddaughters were Jane and Sarah Huston, each to received $1000. [Since Jane and Sarah’s last name is Huston, not Smilie, that tells us their mother was a Smilie, married to a Huston.  Their mother’s name does not appear in John’s will.]

·        John owned at least two parcels of land, the land in Tyrone Township where he lived and a tract in Springhill Township [Nicholson Twp. was erected in 1841] adjoining property of James W. Nicholson [Nicholson was the business manager of Albert Gallatin and the man for whom Nicholson Twp. was named].

·        He placed each of the properties in a trust, with Presley Carr Lane, Isaac Griffin and Joseph Huston [and their survivors, Executors and Administrators] as trustees.

·        John had a son, Robert, to whom he left no real property, but a ‘living’ from the Tyrone property trust.

·        John had a daughter, Jane, married to William Craig, to whom he left no real property, but a ‘living’ from the Springhill property.

·        William Craig was to have no influence or control of his wife’s ‘living’.

·        William and Jane Smilie Craig, have a son, John Smilie Craig, who is to receive $500 dollars when his mother’s trust is distributed, along with an equal share to all of the grandchildren.

·        John had other unnamed grandchildren to whom all of the estate would eventually be distributed to equally

What the will does not tell you.

·        The mother of Jane and Sarah Huston is deceased

o   The deceased mother is not receiving a ‘living’ or other bequest from the estate.

o   She only had two children.

·        While the will tells you that John Smilie Craig is the son of William and Jane Smilie Craig it does not tell you that he is an only child.  William and Jane had no other children.

·        The will does not enumerate the grandchildren.  There are still grandchildren being born.  The will was written in 1809.  John’s son, Robert, had five more children after the will was written.

·        Grandchildren could die, with or without issue before the estate is settled.

o   One grandchild, a child of Robert, was born and lived less than a month, therefore no issue.

o   One grandchild, Sarah Huston [widowed and remarried, no children to either husband] could have died before the estate was settled, and each surviving grandchild would have received a slightly larger percentage of the estate; but she was living when the estate was settled and shared equally in the distribution.

Presidents' Day 2015

On this Presidents’ Day I thought it would be interesting to share with you John Smilie’s connection to Presidents.

  

John Smilie was elected to the Congresses marked in yellow.  He was elected to the blue 13^th Congress but died before the end of the second session of the 12^th Congress.

His most direct involvement was being a member of Congress during the administration of four Presidents - Washington, Adams, Jefferson, and Madison.

During the 1^st through the 6^th Congresses the national capital was in Philadelphia.  The House of Representative and Senate met in Congress Hall just east of the Pennsylvania State House (Independence Hall).  The Philadelphia House chamber is pictured in the center panel of the mast head at the top of this blog.

And then there is electing Presidents.

Presidential election years always generate conversation about the way the United States elects its President.  Though you may not be a history buff or Constitutional scholar, many of you experienced firsthand and remember in the 2000 Presidential election that we chose our President by a Constitutional method where the citizens chose Electors who actually do the voting; not by the popular vote of the citizens.

In 1796 John was one of the members of Pennsylvania’s Electoral College pledged to Thomas Jefferson.

 The 1796 Electoral College votes.[i]

 In the balloting for Pennsylvania’s electors in the 1796 presidential election, John Smilie, pledged to Jefferson, placed 9^th out of 30 state wide candidates.  Fifteen of the 30 were to be elected.  Elected were 13 Republicans (Jefferson) and 2 Federalists (Adams). Greene County’s votes did not arrive in time to be counted.  I have not been able to find Greene County’s returns for electors, but the popular vote for President was Jefferson 210, Adams 44.  Greene County adjoins John Smilie’s Fayette County, so I would have expected that the Jefferson sentiment and ‘favorite son’ effect would have moved him even higher in the returns.[ii]

  

 The 1800 Electoral College votes.[iii]

In the 1800 election John was a member of Congress and not eligible to be an elector, but the Electoral College was tied, throwing the Presidential Election into the 6^th Congress, House of Representatives, where on the 36^th and final ballot 10 states cast their vote for Jefferson, 4 for Aaron Burr, and 2 were blank.

John Smilie directly was involved in 2 presidential elections; you could also say that he directly voted for the President 38 times (2 votes in the 1796 PA Electoral College and 36 times as a Pennsylvania member of the 6^th Congress, House of Representatives) but that’s a nuance of the Constitutional process.

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[i] 1796 US Electoral College, www.archives.gov/federal-register/electoral-college/votes/1789_1821.html#1796

[ii] 1796 PA Electoral College, http://elections.lib.tufts.edu/catalog/tufts:pa.presidentialelectors.1796

[iii] 1800 US Electoral College, www.archives.gov/federal-register/electoral-college/votes/1789_1821.html#1800

When Did John Smilie Die And Where Is He Buried

John Smilie

Death and Burial

When did John die?  There are a number of sources but after you have all of them it becomes clear which are correct.  In my initial post I mentioned the Genealogical Proof Standard, here is a simplified explanation of how I am going to be using it.

Back in 1964? I started looking for death information on John.  His will is recorded in the Fayette County, PA courthouse in Uniontown where I lived.  The Register of Wills record does not provided a death date but the will was registered on January 14, 1813.  John had to die prior to this for registration to take place.

Madge McKellar (1895-1992) sent me a black and white photo of the grave of John Smilie in the Congressional Cemetery in Washington, D. C.  Aha!  December 30, 1812.

I started to look for an obituary and the first one that I found was while looking at newspapers in the Carnegie Library in Oakland, Pittsburgh, PA.  It was from The Commonwealth, a newspaper published in Pittsburgh, from Vol IX, No 2, Wednesday, January 13, 1813. 

  

DIED In this city, at two o’clock yesterday afternoon, the venerable JOHN SMILIE, a representative in congress from Pennsylvania, aged about 71 years.  He was a native of Ireland, but arriving in this country at an early age, was engaged in the war of revolution both in civil and military capacities.  Since that period he has never been out of public service, in conventions in the legislature of Pennsylvania and of the United States, in which several capacities he has distinguished himself as the firm and undeviating supporter of republican government and of his country’s rights.  At the commencement of the present session, the estimation in which he was held was evinced by his appointment to the important station of chairman of the committee of foreign relations.  He has descended to the tomb of his fathers, crowned with years and honor, carry with him the profound regrets of his intimate acquaintances, and respect of all mankind.                                                                                                      From Nat. Int.

                                                                                My transcription [E.B.]

There was no indication of when he died or what date the obituary had originated in the National Intelligencier.  But I eventually found the Washington Reporter from Washington, PA (the next county seat west of Uniontown) and it identified the date of the obituary appearing in the National Intelligencier.

 Washington (PA) Reporter  ‘Nat. Intel. of Dec 30, 1812’

The Historical Society of Pennsylvania published a book in 1888 about the framing and ratification of the Constitution of the United States.  John had been a member of Pennsylvania’s ratifying convention and a short biographical article was included which said:

Pennsylvania and the Federal Constitution, 1787-1788. page 753

Now I had four pieces of information:

1. Grave -  December 30, 1812  But the cenotaphs in the Congressional Cemetery were not erected when the first congressional burials occurred.  The government cemetery site now says, “The date of the first cenotaph installation in Congressional Cemetery is unknown. Latrobe's earliest sketch dates to 1812, but it is unclear if any cenotaphs were extant at this time.”[i]  When I first began to investigate when they were placed on graves I was finding dates 1816 – 1830’s.

2. Will Registration – Did not give a death date, but occurred prior to January 14, 1813

3.  Obituary – Washington Reporter, Washington, PA reprint of National Intelligencier, Washington, D.C. obituary which was dated December 30, 1812, says ‘yesterday’ = December 29, 1812

4.  Dr. Egle’s statement in Pennsylvania and the Federal Constitution, 1787-1788 of John’s death as December 29, 1813.[ii]

I know that 1813 is wrong because of the registration of the will.  I can’t be sure the grave marker is correct as it was not erected at the time of death.  The obituary seems to be the most contemporary and although Dr. Egle’s date in Pennsylvania and the Federal Constitution is off by a year it would seem that his specific date of December 29 would bolster the choice of the 29^th.  That reasoning for a number of years led me to believe that John’s death date was December 29, 1812.

If and when additional information is found, start the process again.

5.  (No. 3 above Obituary) – well … The Washington (PA) Reporter incorrectly reported the date that the obituary was published in the National Intelligencier.  It was published on December 31, 1812, therefore ‘yesterday’ was December 30, 1812.

6.  The Congressional Record, House of Representatives, December 30, 1812.

7.  Congressional Record, Senate, December 31, 1812

8.  Congressional Cemetery, Blue Book, 30^th Range

The Interment record in the Blue Book does not give the date, only Dec ‘12[iii]

9.  Robert Porter Smilie Family Bible

The family Bible of Robert Porter Smilie gives the death of John Smilie as 31 December 1813.  It appears that all the entries through 1816 were entered at one time.  John died in Washington, District of Columbia, not Tyrone Township, Fayette County, PA so the information of the death was not first hand.  Robert would have received word by rider, there was not telegraph or phone system in 1812.  We don’t know when word was received.  The date is incorrect.[iv]

Conclusion

John died on 30 December 1812 and was buried 31 December 1812.

He is buried in the Congressional Cemetery, Washington, District of Columbia.

1986

2013

The 1986 photo[v] had a broken headstone next to John.  When the 2013 photo[vi] was taken two stone benches had been installed and a new headstone for the adjoining lot was in place.

The photo on the right side of the masthead at the top of the blog is of the engraved panel in John Smilie’s cenotaph taken by Robert Keller in 1986.

If you would want to visit his grave the map below[vii] is marked with a red square indicating John’s grave and the green square marks the memorial of Vice President Elbridge Gerry.

  

Here are several websites about the Congressional Cemetery that you may enjoy:

http://www.c-span.org/video/?301813-3/congressional-cemetery

 at about 18:45 in this video you can see John Smilie’s grave behind Vice-President Gerry’s monument.

https://www.youtube.com/watch?v=gNjy6XGadH8  
Marine Corp at Sousa grave

https://www.youtube.com/watch?v=yTqsENYDg1k  
159^th Sousa’s Birthday

http://babel.hathitrust.org/cgi/pt?id=loc.ark:/13960/t5fb59h5d;view=1up;seq=7

History of the Congressional Cemetery

If you are interested, the Congressional Cemetery would appreciate contributions to help maintain the property.  I found this information in their publications.

The Association for the Preservation of Historic Congressional Cemetery, 1801 E Street, Southeast Washington, DC 20003, is a nonprofit 501(c)(3) organization. All donations are deductible to the extent permitted by federal tax laws. You can contribute to the endowment or pick a project $25 Clean a headstone          $250 Purchase military flags $50 Plant a flowerbed           $500 Restore the 1850 logbook $75 Upright a headstone       $750 Repair a fence $100 Repair a monument     $1000 Main Gate restoration w/acknowledgement $200 Plant a tree                   $1500 Contribute to ground radar project

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[i] http://www.cem.va.gov/cems/lots/congressional.asp

[ii] Egle, W. M.. “Chapter IX Sketches of the Members of the Federal Convention”. McMaster, John Bach, and Frederick Dawson Stone, editors, Pennsylvania and the Federal Constitution, 1787-1788.  Philadelphia: Historical Society of Pennsylvania, 1888. Smilie, John pp 752 – 753

[iii] Congressional Cemetery Office (Washington, District of Columbia), Blue Book, citing John Smiley [Smilie], Range 30, lots 9 & 10, Internment Dec ’12, used with permission

[iv] Smilie, Robert Porter Family Bible, The Holy Bible, unknown publisher, privately held, photo by Charles M. Grier, Jr, taken 1986, used with permission. [Dates 1767 through 1816 appear to be entered at one time, last entry 1822]

[v] Congressional Cemetery, (Washington, District of Columbia), John Smilie marker (38.882614, -76.977686), photo by Robert Keller, taken 1986, used with permission, held by Edward Black.

[vi] Congressional Cemetery, (Washington, District of Columbia), John Smilie marker (38.882614, -76.977686), photo by Nancy McGarvey, taken 2013, used with permission.

[vii] Congressional Cemetery, (Washington, District of Columbia), cemetery map, north section, ©2014  used with permission.