John’s Political Life – Overview 1776 to 1790

Pennsylvania’s Constitution of 1776

This is an outline of John Smilie’s political activity from 1776 to 1790.  This time period covers the life of Pennsylvania’s first Constitution, the Constitution of 1776.

In 1776, Pennsylvania adopted a new constitution that has been described as the most democratic in America.  …the authors crafted a document that proclaimed in detail the rights of citizens and expanded the voting franchise to all tax paying free men. Power resided in a unicameral legislature whose members were elected to one-year terms. Government was to be administered by a twelve-member Supreme Executive Council. The Assembly and Council together would elect one of these men to be President (a position largely controlled by the Council). A Council of Censors was created whose members were to be elected every seven years to conduct, for a year, an evaluation of the activities of the government and to "censure" those actions that were deemed to have violated the new constitution. Any changes to the constitution could only be made through this Council of Censors.[i]

The Pennsylvania Historical and Museum Commission website, http://www.portal.state.pa.us/portal/server.pt/community/documents_from_1776_-_1865/20424/pa_constitution_of_1776/998585 presents a concise overview of the context and content of the Constitution.  I would point out a feature of the Constitution that they fail to emphasize.  The Constitution of 1776 begins by enumerating the rights of the citizens … and then creates a government to protect those rights.  This sets the context for John’s future opposition in 1787 to the proposed Federal Constitution which lacked any statement on the rights of citizens and subsequently had to be amended to contain a Bill of Rights.

1776	A delegate from Lancaster County to the Provincial Conference of Committees of the Province of Pennsylvania, 18 June 1776 to 25 June 1776, Carpenters Hall, Philadelphia, Pennsylvania, British America[ii]
1777
1778		19 October 1778 Lancaster County elects John Smilie to the Pennsylvania Assembly[iii]
1779		14 October 1779 Lancaster County elects John Smilie to the Pennsylvania Assembly[iv]
1780
1781
1782
1783			14 October 1783 Westmoreland County elects John Smilie to the Council of Censors[v]
1784		12 October 1784 Fayette County elects John Smilie to the Pennsylvania Assembly[vi]
1785		* Oct 1785 Fayette County elects John Smilie to the Pennsylvania Assembly[vii]
1786
1787	John Smilie was a delegate to Pennsylvania's Ratifying Convention of the Federal Constitution between 21 Nov and 12 Dec 1787 [viii]			2nd Tue Oct 1786 Fayette County elects John Smilie to the Supreme Executive Council for a three year term                                2 Nov 1786–19 Nov 1789[ix]
1788
1789	John Smilie was a delegate to Pennsylvania's Constitutional Convention 24 Nov 1789 to 2 Sep 1790[x]
1790

The Constitution of 1776 was birthed as a result of the June 1776 conference at Carpenter’s Hall.  The Pennsylvania Constitution had three elected bodies, the Assembly, the Supreme Executive Council, and the Council of Censors.  John was elected to each of these deliberative bodies. 

The Radicals that fermented the Revolution and formed the 1776 Constitution became known as the ‘Contitutionalists’. The waning years of the Revolution tempered the radical enthusiasm of the populace and the weak national government under the Articles of Confederation brought political energy for change in national and state governments.  The Contitutionalists struggled to maintain support while the ‘Republicans’ made electoral gains.

Political labels were fluid, but generally John would have been identified with the Constitutionalists, Anti-Federalist, and Jeffersonian Republicans, depending on the era.

Early in John’s political career he moved from Drumore Township in Lancaster County to Tyrone Township.  When John moved to Tyrone Township it was in Westmoreland County, but Tyrone Township became part of Fayette County in February of 1784.

All the while Philadelphia was Pennsylvania’s capital city, and other than the period that Philadelphia was occupied by British forces during the war, John would have traveled to and lived in Philadelphia while serving in his several capacities.  The Pennsylvania State House was the seat of government for the state and the Continental Congress.  The state government moved upstairs to host the Continental Congress until the Articles of Confederation moved the national government to New York.

John Smilie traveled almost the full length of Pennsylvania to attend sessions.

Travel from Tyrone Township to Philadelphia would have taken three to four weeks.

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[i] Pennsylvania Historical and Museum Commission, Pennsylvania Constitution September 28, 1776 http://www.portal.state.pa.us/portal/server.pt/community/documents_from_1776_-_1865/20424/pa_constitution_of_1776/998585

[ii] Pennsylvania, Conventions, Provincial Conference of Committees of the Province of Pennsylvania, 1776, transcribed proceedings, UShistory.org, (http://www.ushistory.org/pennsylvania/birth3.html#page4) original Historical Society of Pennsylvania

[iii] Pennsylvania, Published Archives Series, 1664–1902 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2011. Original data: Pennsylvania Archives. Harrisburg, Pennsylvania, 1778 October 19 Lancaster County Elections, Series Six, Vol 11, page 219

[iv] Pennsylvania, Published Archives Series, 1664–1902 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2011. Original data: Pennsylvania Archives. Harrisburg, Pennsylvania, 1779 October 14 Lancaster County Elections, Series Six, Vol 11, page 220

[v] Pennsylvania, Published Archives Series, 1664–1902 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2011. Original data: Pennsylvania Archives. Harrisburg, Pennsylvania, 1783 October 14 Westmoreland County Elections, Series Six, Vol 11, page 406

[vi] Pennsylvania, Published Archives Series, 1664–1902 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2011. Original data: Pennsylvania Archives. Harrisburg, Pennsylvania, 1784 October 12 Fayette County Elections, Series Six, Vol 11, page 193

[vii] Oct 1785 election returns from Fayette County to the Supreme Executive Council do not report who was elected to the Assembly, but 1785-86 Assembly proceedings indicate John Smilie was a member

[viii] Pennsylvania, Conventions, The Debates in the Convention of the State of Pennsylvania, Thomas Lloyd, recorder, 1788, retrieved 21 April 2015, archive.org  (https://archive.org/stream/debatesofconvent01penn#page/n1/mode/2up), p.24

[ix] Pennsylvania, Published Archives Series, 1664–1902 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2011. Original data: Pennsylvania Archives. Harrisburg, Pennsylvania, John Smilie elected Councilor, Fayette, 2nd Tue 1786, Series 6, Vol 11, p 194

[x] Pennsylvania, Conventions, Minutes of the Grand Committee of the Whole Convention of the Commonwealth of Pennsylvania, images, archive.org (https://archive.org/stream/minutesofgrandco00penn#page/n5/mode/2up), John Smilie, p5

John Smilie … from Ireland to America

Letter from Fishing Creek to Robert Smilie November 1762

It was cousin, Dal Smilie, who found Rory Fitzpatrick’s book “God’s Frontiersmen, The Scots-Irish Epic” and told me about it, leading me to John Smilie’s November 1762 letter to his father, Robert, in Greyabbey, County Down, Ireland. 

I had a phone conversation with Rory Fitzpatrick which began an exchange of correspondence but Rory was never able to find his Photostat of the newspaper image of the Belfast News-Letter of John and Robert Smilie’s correspondence.

Rory Fitzpatrick's letter of 5 November 1996

Northern Ireland’s Library Service was able to supply a copy of the original newspaper, with apologies for the poor quality, but I was appreciative to receive what they supplied.

 Belfast News-Letter

13 May 1763

To the Printers, etc. 

Gentlemen,                                                            Greyabbey, April 23, 1763

          As many of my Friends and Countrymen are about to go to some of the Provinces of North-America, I thought it my Duty to them, In Order, if possible, to prevent their being treated, in the Passage, in so barbarious and inhumane a Manner, as many were, last Year, who went on Board the S____y from Belfast, Capt. T_____r, Commander; and to deter any such Ship-Captains or others, concerned in transporting Passengers to America, who might be capable of such horrid Villainy, from attempting it; by laying before the Publick a faithful Account of what his Crew of Passengers suffered:  Being a Letter from my own Son (who was one of those unhappy People) a true Copy of which I herewith send you, begging you may communicate it to the World, for the Good of Mankind, thro’ the Channel of your very useful News-Letter; I have the Original, which I know to be genuine, and am ready to produce it, for the Satisfaction of any Person of Worth, if required.—There are many Letters in the Country, from others, to the same Purpose.

                                    I am, etc.                           Robert Smilie

  Fishing-Creek on Susquehana

Nov. 11. 1762

Honoured Father,

     I account it my Honour and Duty to give you an Account of myself and my Proceedings since I left you; which have, I confess, been a little extraordinary.   On the next Tuesday after I left you, I came on Board the S—y, on the Monday following, being the 24^th of May last, we sailed for America:  On the 31^st we lost Sight of Ireland, having been detained ‘till then by Calms and contrary Winds, which seemed to be doleful Presages of our after unhappy Voyage. We had our full Allowance of Bread and Water, only for the first Fortnight; then we were reduced to three Pints of Water per day, and three Pounds and a Half of Bread per Week, to each Person; which it never afterwards exceeded the whole Passage.  We had a South-west Wind, which drove us so far North, that our Weather became extremely cold, with much Rain and hard Gales of Wind:  On the 5^th of July we had a hard Squal of Wind which lasted 3 Hours, and caused us to lie to; on the 6^th we had a Storm which continued 9 Hours, and obliged us lie under bare Poles;  on the 12^th we espied a Mountain of Ice of prodigious Size;  on the 13^th our Weather became more moderate; on the 16^th we espied a Sail, which was along Side of us before either saw the other; she, having the Wind right aft, crowded Sail, and bore away;  we gave her Chase, and fired six Guns at her but the Fog soon hid her from us.  In this manner did the Captain behave, giving Chase to all Ships he saw, whether they bore off us East or West, it was all alike, the Motives of which caused various Conjectures.  August the first our Weather became extremely warm, and the Crew very weak:  The 10^th Day our Allowance of Bread came to two Pounds and a Half per week to each Passenger; next Week we had only one Pound and a Half; and the next twelve Days we lived upon two Biscuits and a half for that Time, and a half a Naggin of Barley each, which we ate raw, for want of Water to boil it in:  We had Beef, but could make no Use of it, for Thirst; for we were a Week that we had but half a Pint of Water per Day for each Person. Hunger and Thirst had now reduced our Crew to the last Extremity; nothing was now to be heard aboard our Ship but the Cries of distressed children, and of their distressed Mothers, unable to relieve them.   Our Ship now was truly a real Spectacle of Horror!  Never a Day passed without one or two of our Crew put over Board; many kill’d themselves by drinking Salt Water; and their own Urine was a common Drink; yet in the midst of all our Miseries, our Captain shewed not the least Remorse or Pity.  We were now out of Hopes of ever seeing land.  August 29^th we had only one Pint of Water for each Person, which was all we Passengers would have got, and our Bread was done: But on that Day the Lord was pleased to sent the greatest Shower of Rain I ever saw, which was the Means of preserving our Lives.  After this we had fair Winds, and, for most Part, Rains every Day; and tho’ we had no Bread, yet, we thought, we lived well.  On the first of September we sounded, and found ourselves in forty Fathom Water, and the next Morning, about eight o’clock, we saw Land, to the inexpressible Joy of all our Ship’s Crew; and on Sunday Morning the 4^th of Sept. we came to an Anchor off Newcastle; so that we had a Passage of fourteen Weeks and five Days.  You may judge of Captain  T—‘s  Temper and Character by this, that, notwithstanding all the Straits we were in for Bread and Water, neither he, nor his Mistress, nor five others that were his Favourites, ever came to Allowance. We had now, since the Time of our setting sail, lost sixty-four of our Crew by Death.  Monday the fifth I came on Shore, and by the Blessing of God, in three Weeks Time I got perfectly well; but indeed, few of our Ship’s Crew were so strong as I; for notwithstanding all I suffered I enjoyed a good State of Health the whole Passage.

                   I am your dutiful Son,

                                      John Smilie

A word of warning; a flawed transcription of John’s letter appears on the Irish Emigration Database.  http://www.dippam.ac.uk/ied/records/28423 The IED transcription strips original capitalization and punctuation and replaces it.  Adjectives are added, words are misinterpreted (‘naggin’, which is an old Irish unit of measure is rendered ‘noggin’ the English word), words of sentences are rearranged, etc.   Rory Fitzpatrick in God’s Frontiersmen also took some minor liberties with the text.

What did John’s letter tell us?

·       John Departed Belfast “the Monday following, being the 24^th of May”  [Monday, May 24, 1762]

·       John came on land in New Castle, Delaware on “Monday the fifth” [September 5, 1762 was a Sunday, Monday the sixth]

·       November 11, 1762, John was writing from Fishing Creek on the Susquehanna[i]

1756 Lotter Map of Pennsylvania modified to show Fishing Creek, Drumore Twp in red [ii]

Rory Fitzpatrick, produced “God’s Frontiersmen: The Scots-Irish Epic” a four part video series on Ulster Television in 1988 with an accompanying book by the same title, using John’s letter.  Remember, in the video, other than the ocean voyage, John is used as a fictional symbolic Ulsterman.  Below is a Youtube link to an edited version of the video “God’s Frontiersmen”.  It was originally produced in four segments so you will experience a few awkward transitions.  John's ocean voyage begins at the 23 minute mark.

https://www.youtube.com/watch?v=NizW6d7lv3I

The Video introduces another concept that was not unusual in the period – indentured servitude.  There are two things that would indicate that John did not come to America as an indentured servant.

1.  He landed in New Castle, Delaware on September 4, 1762 and approximately two months later on November 11, 1762 he is writing from Drumore Township, Lancaster County.  If he would have been indentured he most likely would have remained in Delaware or have gone to Philadelphia.

2.  He is listed in the 1763 Drumore Township King’s Tax list among the ‘Freemen’.

King’s Tax 1763

Drumore Township, Lancaster County, Pennsylvania[iii]

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[i] There are two “Fishing Creeks” that flow into the Susquehanna.  At the time, both would have been in Lancaster County.  John settled in Drumore Township in southern Lancaster County.  The other “Fishing Creek” is north of present day Harrisburg in Dauphin County.

[ii] http://www.geographicus.com/mm5/cartographers/lotter.txt [Public domain], via Wikimedia Commons

[iii] "Lancaster County, Pennsylvania tax records, 1748-1855", FHL microfilm 1449278, viewed and downloaded at Doylestown, PA FHC, 24 Jan 2015; also available at the Pennsylvania State Library, Harrisburg, PA, and the Lancaster County Historical Society, Lancaster, PA

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.