Robert Porter Smilie’s Death - October 16, 1851
DIED
On Tuesday 16th 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
[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.
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