Sorry this is messy. It’s a copy/paste from an e-mail which was a copy/paste from Ancestry.com. I am not the author. I have attempted to make contact with the original author but it appears their username has changed on Ancestry.com and I can’t contact them. If the original author has problems with me posting it, please contact me so we can work something out. It’s missing some color formatting which I have tried to replicate with bold text, but not everything bolded is what I am trying to emphasize. (Sorry for the confusion, but some formatting didn’t transfer well. The original bold text was for the Andrew Smith m. Elizabeth Kerr group, not my line.) I believe my Smiths are of Stony Creek and Deep Creek BACK CREEK (with certainty). Please leave any comments or questions below.

TAX RECORDS of Orange County, NC: Smiths

(also Brackin, Guthrie & Kerr)

Orange County Archives:

(broken link)

http://www.rootsweb.com/~usgenweb/nc/orange/orangecensus.htm

(broken link)

The 1790 Census for Orange County indicates 2 men by the name of Andrew Smith. By examining land records for the county, it is possible to separate out two groups of Smiths. One group lived in the region of Back Creek, Boyds Creek, Stagg Creek & the Haw River. The other slightly further west in the area of Stony Creek & Deep Creek. All of these creeks are actually located in the region of Alamance County, which was formed from Orange County in 1849.
In 1791, the Orange County Tax Records list one Andrew Smith in Orange Districtand the other in Chatham District.

Orange District: Andrew Smith, John Smith, William Smith and Wm Smith, James Forrest, (James Guttery & James Kerr listed for years 1785, 1787, 1788, 1792)

Hillsborough District: Reuben Smith, David Smith, William Smith, John Rainey, John Patten

St Asaph’s District: James Smith, Adam Smith, Adam Smith Jr, Henry Smith, Tobias Smith, Adam (Red) Smith

St Mary’s District: Stephen Smith, James Smith

St Thomas District: James Smith

Chatham District: Andrew Smith, Isaac Bracken,Sr, Isaac Bracken, James Bracken,Sam’l Smith, Mary Smith, Wm Rainey, Benj Rainey, Wm Bracken, Robt Smith, James Carr 

Orange County was created in 1752 from Bladen, Granville & Johnston Counties. In 1770, Chatham, Wake and Guilford Counties were formed from parts of Orange County. In 1774Orange County was split into 16 equal tax districts. In 1777, the upper 8 districts were taken to form Caswell County (3, 4, 5, 6, 11, 12, 13, 14). In 1791, the eastern 4 of those Caswell Counties became Person County (11, 12, 13, 14). In 1849, Alamance was formed from districts 1 & 2 of Orange County. Then in 1881, Durham County was formed from districts 15 & 16. Districts 7, 8, 9, and 10 remained Orange County.
1: St Asaph – Alamance2: Chatham – Alamance
3: St. David’s – Caswell
4: St Martins (later Caswell) – Caswell
5: Richmond – Caswell6: Glouster – Caswell7: Orange – Orange
8: Tryon – Orange
9: St Thomas – Orange
10: Hillsborough – Orange
11: St Lukes – Person
12: St Laurence – Person
13: Dunsmore (later Nash) – Person
14: St James – Person
15: St Mary’s – Durham16: St Mark’s – Durham

Check out this website for a graph: http://www.rootsweb.com/~ncperson/districts.htm

Smith Land records of Orange County, NC.

Surnames (also Brackin, Guthrie & Kerr)Topographical Maps can be found at:http://www.topozone.com/states/NorthCarolina.asp

BACK CREEK
Location: Crosses the Orange/Alamance border. NW of Hillsborough, SW of Cedar Grove Township, Orange. North of Mebane, Alamance.
Near: Stagg Creek and the Haw River
http://www.topozone.com/map.asp?lat=36.1502&lon=-79.23046&s=100&size=l&symshow=n&u=6&datum=nad83&layer=DRG

Mar 24, 1778 ANDW. SMITH enters 400 acres in Orange Co. on both sides ofBACK Creek of HAW River; border; the claims of John Walker & Wm Smith; includes the improvement where he lives; warrant issued July 6, 1778.
Nov 24, 1778 WM SMITH enters 200 acres in Orange County; border ANDW SMITH; includes his improvement; warrant issued Aug 4, 1778.

40:319 Entered 6 July 1778, Issued 3 Sept 1779 Entry #191 Andrew Smith entered for 200A, Issued 198 . . .Back Creek, branch of the Haw River bounding claims of John Walker and William Smith. County Records Volume 9

40:345 entered 2 Aug 1778, issued 3 Sep 1779 entry no 324, James Kerr 200 acres on waters of Back Creek, bounded on east by land of Matthew Lindsey. surveyed 10 Jun 1778. by Thos Taylor, Wm Kerr, & John Kerr CC
32:410 Entered 4 August 1779, Issued 13 Mar 1780, entry # 782
William Smith 200 Acres on Back Creek . . .surveyed 10 May1779 by Thos Taylor Matthais Sendder and Andrew Smith CC, adj lands of Andrew Smith. County Records Volume 9

32:466 Entered 4 Dec 1779, Issued 13 Mar 1780, Entry # 520
Matthais Scudder 200 acres on waters of Back Creek . ..surveyed 10 May 1779 by Thos Taylor, Andrew Smith and William Smith. ..bounded by claims ofAndrew Smith and William Smith including his improvement. County Records Volume 9

Source: Orange County (NC) State Land Grants, Volume X, 501-1000
928, 71:157, entered 25 April 1785, issued 18 May 1789, entry no. 90,
ISAAC RAWIS, 100 acres,
Beginning at SMITH’S corner…..
On the Waters of BACK CREEK adjoining the lands of ANDREW SMITH…..

18 may 1789 North Carolina to Isaac Rawis . . .Back Creek . . .bounded on East by Andrew Smith. Orange County Records Volumes 11-13 Deed Books 6 & 7

17 November 1790 North Carolina to James Taylor & Thomas Mulhollan on waters of Back Creek. . . borders Andrew Smith.Orange County Records Volumes 8-10
Deed Book 5

5:369 15 Apr 1792 William Chance to Samuel Davenport 200 acres on Back Creek@ William Smith’s line

6:233 29 July 1795 James Smith of Spartanburg SC to Samuel Smith of Orange 100acres on Back Creek of Haw River. Surveyed 18 Sep 1778. Grant no 181. NC Orange County BK L folio 107, 29 July 1795, signed Jas. Smith. Withnesses John Bunch, George Bunch.

25 December 1795 Thomas Mulhollan to Thomas Bird, 364 acres on Back Creekadj ANDREW SMITH, Walker, Whitsell and McMINIMAY. Orange County Records Deed Books 6 & 7

5:773 5 May 1797 William Smith to John Allen of Orange, 200 dollars, 300 acres on waters of Back Creek. signed William Smith, witness Aaron Walker. Proved May 1797 by Walker.

7:444 2 December 1797 North Carolina to James McMun, 97-1/2acres on BackCreek, adjacent lhis own land and land owned by William Smith and Andrew Smith. Warrent dated 1 Feb 1796. Signed Saml Ashe. Witness J. Glasgow. Orange County Records Volumes 11-13 Deed Books 6 & 7

8:322 10 Jun 1779 NC to Samuel Davenport 200 acres on Back Creek adjacent William Smith, John Smith & his own land

10:195 NC to John Campbell #1553, 16 Nov 1799, 100acres on waters of BackCreek, adjacent James McMunn & John Smith

11:148 Mary McMunn of Orange to Robert Smith of same 23 Feb 1804, $1, 100acres whereon Mary McMunn now lives bounded by John Campbell, Jacob Huggins & Andrew Smith, to use of Mary McMunn during her life and after her decease to the use of Robert Smith forever. signed Mary (x) McMunn.
9 November 1803 John ray to John Walker . . .Back Creek . . .adj Andrew Smith      Deed Book 12

4 Feb 1789, Thomas Loyd of Orange to John B Walker 200 acres on waters of Back Creek bounded on the N by Andrew Smith, on w by Phillip Walker, on s plantation I now live on. Proved May term 1810.

File of James Smith, l840, widow Lucy W.  Died about 28 Oct. Land on BackCreek, 639 acres.  Daughter Sarah Smith.  Debts owed by Gabriel B. Smith, and Thomas Smith.  Elizabeth Wells was a daughter.  Harris Smith and Andrew H. Smith bought items at sale.  Joseph Smith rented a plantation.  Antrican Smith owed a note.  Division of land: Heirs being, Harris J. Smith, Andrew H.Smith, Helah B. Smith, Sarah J. Smith, Elisha Wells, William G. Smith and James M. Smith.  Mentions wife Elizabeth (?) in the division. William G., Helah B., James M. and Harvey A. are minor heirs.
[[[Note: This file conclusively links the 9-sibling Smith family in the Case of Andie Smith & Others vs the Heirs of Robert Smith to the ‘Back Creek’ Smiths. The name ‘Antrican Smith’ is linked to that of William Smith from the 1820 Will, although there is no specific relationship listed here.]]]

4:112 13 Mar 1780 NC to John Smith 200 acres on Back Creek. signed Richard Caswell. Wit: William Shepherd. [NC patent 32:416]
4:484 26 Mar 1791 James Ross to John Hastings. 82a Waters of Little BackCreek. Witness: John Smith

 

17 March 1806 Martha Devenport, Isaac Devenport, John Devenport of Orange to John Hendricks of Rowan to Miles Wells of Caswell, 300 acres “That my husband Samuel Devenport lived on previous to his death”, on waters of Back Creek, mentions William Smith’s former line. Signed: Martha Devenport, Isaac Devenport, John Devenport, John (x) Hendricks, Wit: Richard Henslee, Robert McKee & John Hughlett, proved 11 Feb 1808 by Robert McKee delvd Miles Wells.

9 April 1806 Miles Wells Sr of Caswell to John Wells of Newberry County, SC, 300 acres where Samuel Devenport lived previous to his death on waters of Back Creek, mentions a pine on William Smith’s former line. Agn Aug Term 1809
Boyds Creek
Location: Just east of Burlington in Alamance County, NC (formed from Orange County in 1849)
Near: A branch of the Haw River, Not far from Deep Creek and Back Creek

12 April 1795  Henry Jacobs of Orange to Henry Younger of same, 200acres on a branch of Boyds Creek on waters of the Haw River bounded on the North by Andrew Smith. Orange County Records Volumes 8-10 Deed Book 5

Deep Creek
Location: Almance County, NC (formed from Orange in 1849), North of Burlington in the Lake Burlington Quadrangle
Near: Stony Creek. Branches off from the Stony Creek Reservoir.

1453 (114). [May 25, 1785] ANDRW SMITH enters 189 acres in Orange Co on waters of DEEP Creek; border: James Dickie, Armor King, Wm Robs, & his own land; warrant issued Aug 11, 1786.

11 November 1795 Andrew Smith of Orange to Lewis Dishing of same, 100 pounds, 189acres on waters of Deep Creek adjacent James Duke, Armous King, Wm Robb. (Tract granted by N.C. to Andrew Smith). Signed Andrew (x) Smith proved August Term 1801.Orange County Records Volumes 11-13 Deed Book 9

4:528 27 Feb 1792 James Dickie to John Smith of Orange. 150a Deep Creek, a branch of Stoney Creek.

Eno River
Location: Named for the Eno Indians who once lived along its banks, the Eno River is the initial tributary of the Neuse River in NC. The Eno rises in Orange County. The river’s watershed occupies most of Orange and Durham counties. The Eno converges with the Flat and Little Rivers to form the Neuse River at Falls Lake, which straddles Durham and Wake counties.

The Kerr family owned lands “along the headwaters of the Eno River” which was at Cedar Grove, Orange, NC. [[[Land Records to be added]]]
32:378 entered 5 Feb 1779 issues 13 Mar 1780 entry no 705 James Kerr160 acres surveyed 1 Oct 1778 by Thos Taylor, Wm Kerr & John Kerr Cc, on a branch of the West fork of the Eno bounded on the north by the Land of Matthew Lindsay on the east by his own land and on the south by the land of Joseph Thompson running west for complement.

Rock Creek
Location: Almance County, NC (formed from Orange in 1849), closer to the Guilford County border than the Orange County border.
Near: Varnals Creek, Cane Creek
Note: Possible original land papers were for ‘Back’ and not ‘Rock’?

1128. May 24, 1779 ANDRW SMITH enters 100 acres in Orange County on the waters of Rock Creek; border: his own line; warrant issued Dec 18, 1779.
Hyco River/ North Hyco Creek/ South Hyco CreekLocation: Currently, in Person County, the Hyco River is impounded by a dam to form Hyco Lake. Hyco River is a tributary of the Dan River. The River is fed by the North & South Hyco. North Hyco is mainly on the Caswell side of the county line. South Hyco is on the Person side of the line.

Near: The borders of Orange, Caswell, Person Counties.

 

Caswell County Deed Book C p.182

John Gibson of Washington County, VA to James Guttrie of Orange County, NC for L100, land in Orange & Caswell Counties on east side of county line, 440 acres on S. Hico adj. Forrest, Rawls. 11 Aug 1784. Wit: Thomas Douglass, Benjn Douglass.

 

13 May 1786 – Orange County, NC – James Gutery enters 62acres on waters of Hicco R.; border: Moses Crawford, Chas Wilson, WmMcCord, Wm McKee & his own land; warrant issued 29 Aug 1786.

 

Caswell County NC Deed Books 1777-1817, Abstracts by Katharine Kerr Kendall

Deed Book O p.247

James Guthries and Robert Guthries of Sumner County, TN to Bailor Burch of Person County, NC, for L100, 200 acres on S. Hico adj. George Eubanks, Crisp, Mitchell. 28 Oct 1805. Wit: Isaac Rainey, Wm Mansfield.

 

Orange County (NC) Deed Book 13

p.448, 6 November 1810, Elisabeth Guthrie, John Maden, & Alexander McMinnamy of Orange to Richard Hinslee of same, 300 pounds, 323 1/2 acres, on South Hico, signed Elizabeth (X) Guthrie, John Madden, Alexander McMinnamy, Wit: John Dunn & William McMinnamy, proved February Term 1811 by William McMinnamy.

STAGGS CREEK
Location: Alamance County, Formed from Orange County in 1849
Near: Back Creek. Back Creek and Stagg Creek branch off from each other on the Alamance side

NC to John Smith 100a waters of Stages (Staggs?) adj own land [NC Patent 57:60]

1127. May 24, 1779 JOHN SMITH enters 100 acres in Orange County on waters of STAGS Creek; border: his own land and James Ward; warrant issued Dec 18, 1779.

4:111 9 Nov 1784 NC to John Smith 100acres on waters of Stages, adjacent his own land & John Ward [NC BK 57:60]

6:28 5 April 1797 NC to Jacob Huggons 60 acres on Staggs Creek joins Sutton Ward, John Smith, John Millington.

STINKING QUARTER CREEKLocation: A stream in the Burlington Quandrangle of Alamance County NC
Near: The town of Bellemont and the Alamance River
Adam Smith: NC to Adam Smith 19:449 on Stinking Quarter (patent:1762); Little Alamance, S. Side Haw River (neighbor:1786); Stinking Quarter (neighbor:1784); Stinking Quarter adj Road from Hillsborough to Salisbury (neighbor:1784); Stinking Quarter Creek (neighbor:1784); Stinking Quarter Creek (neighbor:1785); Little Alamance (neighbor: 1785)

Frederick Smith: Stinking Quarter Creek (Seller:1787) – Frederick Smith of Randolph & Judai his wife to Adam Smith Sr
John Smith: Stinking Quarter Creek (seller:1785 “blacksmith” “wife Margaret”); New Hope Creek (witness:1771); Hillsborough Town Lot (buyer:1769) and Hillsborough Town Lot (seller:1772); Haw Creek (neighbor:1790); Stinking Quarter Creek, tract sold in 1800 from Clark to Long once sold by Michael Slink to John Smith 10 June 1765. Sold at some point to Clark (buyer:1765)

Julius Smith: Stinking Quarter (neighbor:1784)
Reuben Smith: NC to Reuben Smith. 308 acres N. side Little Back Creek of Haw River. [NC Patent 49:13]; Cane Creek (witness:1788); Stinking Quarters Creek(witness:1791)  [[Cane Creek located in Alamance, a branch of the Haw River]]
Tobias Smith: Stinking Quarter Creek (neighbor:1785)
STONY CREEK
2 Potential Locations for Stony Creek:
Orange County: East of Hillsborough near the Durham County border in the Eno State Park.
Alamance County: Just North of Burlington now between Stony Creek Reservoir and Lake Burlington, near Deep Creek
Location: Near Faucette Township in Alamance County, NC, formed from Orange County, NC in 1849
Conclusion: The Stony Creek of these records is likely the one in Alamance.

Land Grant 40:299 entered 10 Oct 1778, issued 3 Sep 1779 Entry#395. William Smith. Entered for 555acres. Issued for 565acres. Watsons Creek, near LaughlinsCreek, a Branch of Stoney Creek.

Deed Book 2 p. 16113 December 1782 George Garrison of Orange, planter to William Brackin, Sr. of same, 100 acres on Stoney Creek. . .witnesses Jacob Garrison, John Boyle, Andrew Smith. Proved by Andrew Smith August Term 1785.Source: Orange County Records Volumes 2-4

Deed Book 4 p. 66912 May 1790 William Brackin on Orange, yeoman, to James Brackin. . .Stoney Creek. Wit. Andrew Smith
Source: Orange County Records Volumes 2-4

17 October 1795 William Brackin, yeoman of Orange to Andrew Smith of same, for the natural love and affection which he beareth Andrew Smith and for better maintenence and livelihood, 63 acres 3-1/2 ch beginning at Jacob Gravenses Garrison’s line . . .up Stoney Creek . . .signed William Brackin; witness William Brackin, Jr., William Killon. Proved November Term 1795.Orange County Records Volumes 8-10 Deed Book 5

22 December 1795 Jess Thomas & Eleanor his wife of Orange to Andrew Smith of same 66-1/2 acres on Stoney Creek bounded by Brackin. . . Proved May Term 1796. Orange County Records Volumes 8-10 Deed Book 5

20 November1801 Andrew Smith of Orange to James Warick of same, 150 dollars, 65-1/2 acres West side of Stoney Creek, bounded by the lands of Brackin and Boyle . . .proved August Term 1804. Orange County Records Volumes 14-16 Deed Book 11
Deed Book 12
16 march 1804 Andrew Smith of Orange to Jacob Garrison, 220 dollars 63acres and 3-1/2ch, beginning at Jacob Garrison’s line . . .up Stoney Creek . . .proved November Term 1805.Deed Book 12

LAND RECORDS FOR OTHER SMITHS/OTHER LOCATIONS:
Ann Smith: Dan River on the county line (buyer: 1756) [[The Dan River crosses the North Carolina-Virginia state line eight times on its way from the Blue Ridge Mountains to John H. Kerr Reservoir. The 3300-square-mile Dan River Basin comprises approximately one-third of the Roanoke River Basin. Major tributaries of the Dan River are the Mayo, Smith, Sandy, Banister, and Hyco rivers.]]Archd Smith: Castle Creek (witness: 1755) [[Location: Person County in the Cluster Springs Quadrangle]]
Benjamin Smith: Forked Deer River. Benjamin Smith Esq to Trustees of University of NC 20,000 acres in Western NC [[Location: The Forked Deer River is located in Laurence, TN]]
Charles Smith: Bair Creek, Rocky Branch (witness:1769); N.Side Bair Creekopposite Beach Spring (seller: 1768); Island Creek, N. Side Deep R Branch of Indian Creek to Deep Creek (Witness:1768) [[Indian Creek & Deep River located in SE of Chatham County. Rocky Branch also in Chatham, branch of Deep River. No Bair Creek, Beach Spring or Island Creek on Topo. A Chatham County Court record: “road called Husbands from where it joins Quakers Road, to poplands ford on Bair Creek & from thence to Iron Works (on Deep River)”]]
Christopher Smith: Bair Creek, opposite Beach Spring (witness:1768); IslandCreek, N. side Deep R Branch of Indian Creek to Deep Creek (witness:1768) [[See entry for Charles Smith re: potential creek locations]]
Cunningham Smith: Fishing Creek (neighbor:1791); Watsons Creek 204acres. (seller:1799) [[No Fishing Creek or Watsons Creek in Orange or surrounding counties on Topo Map. Closest is in Fishing Creek, a branch of the Tar River in Granville.]]
Daniel Smith: Daniel Smith to John Reyney 140a N side of N Hico Creek (seller: 1770) [[Hyco Creek is in Person County in the Olive Hill Quadrangle]]
David Smith: Love’s Creek (witness: 1769) [[Loves Creek is located in Chatham Count, a branch of the Rocky River, directly east of Siler Twp.]]
Edward Smith: Flat River (neighbor:1772) Flat River (seller:1771) [[The Flat River is mainly in Durham County & flows into east Orange.]]
George Smith: No waterway listed. James Wilkerson Sr to John Wilkerson. (witness: 1772); No waterway listed. Wilkerson to George Smith 100a (buyer:1772)
Henry Smith: No location given. Jeremiah Fields & Mary his wife to Henry Smith. (buyer:1772)
Hugh Smith: Mill Creek. (buyer: 1756); Hillsborough Town Lot#6 (buyer: 1769) [[Mill Creek located in Alamance in the Mebane Quad between Burlington and Mebane close to Quaker Creek]]
James Smith: Birds Branch (witness:1788); 3rd Fork New Hope Creek(witness:1793) [[New Hope Creek is located in Chatham.]] , Wynn’s Creek adj Meadow Creek (buyer:1807) (seller:1809) Haw Creek adj Wynn (seller:1809)
James Smith of Guilford: Cain Creek 395a (patent: Dec 1779); Cain Creek395acres (seller: Jan 1800) [[One Cain Creek in Davidson County, NC]]
John Smith: Flat River. John Smith to Solomon Harris, both of Caswell, 640a beg @ Caswell line. [NC Patent to Andrew Harris 57:132] [[The Flat River is a river in Southern Person County, NC and a portion of Durham County, NC. The River flows from S. Person County to combine with the Little and Eno Rivers to flow into the Neuse River.]]; Haw River (wit: 1799); Spoons Creek, a branch of Stinking Quarter Creek, adj Guilford County line (neighbor:1808); Meadow Creek(witness:1806)
John P. Smith of Granville: N. Side Eno River & Little River 314acres (buyer:1796)
John Pryor Smith of Granville: Eno & Little River 348acres (seller:1805) [[The Eno R rises in Orange County and flows into Durham. The Little River is a tributary of the Eno River rising in Orange County and entering the Eno River in Durham County.]]
Peter Smith: Hillsborough Town Lot#97 (witness:1771)
Randle Smith: Haw River (neighbor:1790) [[The Haw River flows through Chatham and Alamanace past Mebane.]]
Richard Smith: Leeys Creek (witness:1770) [[No Leeys Creek on Topo]]
Robert Smith: Forrester Creek of Little River (neighbor:1784); Flat River (lease of 11 years beginning:1768); Haw River near Guilford line (witness:1787); Eno River (neighbor:1795); Land Grant 40:352, 15 June 1778, issued 3 Sep 1779, entry #164, Robert Smith, 200 acres, issued for 194 acres, waters of Eno, ForrestersCreek.; Forresters Creek, waters of Little River (neighbor:1796); Eno River (neighbor:1797); Headwaters of Forresters Creek & on Hico Road leading to Hillsborough (neighbor:1798)
Samson Smith: No Creek Listed. Parents: William & Mary Smith. Father dec’d. Brother Samuel. (buyer:1798); No Creek Listed. Near Cunningham Smith’s line. (witness: 1798)
Samuel Smith: No Creek Listed. Samuel Smith of Orange to brother Sampson Smith 237-1/2acres, part of 565 acre legated to Samuel by his father William Smith, except 100 acres William willed to his wife Mary Smith.(seller:1798); NoCreek Listed. Near Cunningham Smith’s line. Samuel Smith to Robert Haterak of Rockingham 253-1/2acres, land Smith now lives on, part of 595acres legated to Smith by his father William Smith. Signed Samuel Smith & Jane (x) Smith. Witness Samson Smith. (Seller:19 Sep 1798)
Stephen Smith: Little River (buyer:1783) [[Chatham County]]]
Thomas Smith: New Hope Creek (witness:177?) proved 1782; New Hope Creek(witness 1782)  [[Chatham County]]
William Smith: E. Fork Eno River (witness:1782); Little River (NC Patent 29 Mar 17__; Sold to James Taylor); Haw River (Neighbor:1789); No Creek Listed, Samuel Harvey of Orange to William Warren of same 100acres. (witness:1806)
William Smith of Davidson: Laughlins Creek adj Samuel Smith (seller:1807)
William Bayley Smith: John Umstead & Susanna his wife to William Bayley Smith of KY. 1/32 of land granted to Richard Henderson & Co by VA in 1778 in KY at mouth of Green River. L2,000.
James Kerr: Back Creek (Granted:1779) Eno River (Granted:1780) New HopeCreek (buyer:1798) (neighbor:1802) (seller:1807)
[[Back Creek & Eno River are in Orange; New Hope Creek in Chatham]]
James Guthrie: Hyco River / South Hyco Creek (buyer:1784)

Smith Inventories & Accounts / Abrstracts of Orange County NC Wills:WILL OF ROBERT SMITH of ORANGE COUNTY, NC, 20 June 1772
Robert Smith. Wife: Mary Vaughn. Sons William (executor), John, Andrew, Robert. Daughters Elizabeth, Mary, Isabel.
[[[Note: This is obviously not Andrew’s son Robert as he was just an infant. But it is possible that Andrew named his son for a recently deceased relative. The land record link between Andrew Smith & William Smith suggests a familial relationship. However, the Andrew listed there could be the *other* Andrew Smith.

Court held 26 May 1783:18-152 Last Will and Testament of WILLIAM SMITH, decd. Proved by John Robertson. EXCRS: Thomas Telford, Mary Smith, Samuel Smith.
A280 Will of William Smith dated 4 Sep 1779, proved May 1783.
“Wife Mary Smith gets mansion house”
Sons: Samuel, Robert, William, Cunningham, Jonathan
Daus: Margaret, Ann
“to son Samuel, my large Bible & my walnut chest”…
Excrs: Thomas Tilford, wife Mary Smith, son Samuel.
Witnesses: John Robertson, James (x) Warnock, George Hamilton
[[[Note: Based on the land abstracts above, William & Mary Smith also had a son named Sampson/Samson who is not named in this will. A John Telford is a neighbor to Cunningham Smith on Fishing Creek, a son of William & Mary (Lockhart) Smith. The Will of Thomas Telford, A325, dated 20 Oct 1784, proved May 1785 lists Samuel Smith and Cunningham Smith as neighbors along with John Warnock.Telford’s wife is Elizabeth (nee unk).]]]

D309 Will of JAMES FAUCETT 18 July 1801, proved May Court 1811
James Faucette, wife Susanna
Daughters: Rachel Faucett, Margaret Woods wife of Nathan Woods, Mary Watham wife of Charles Wortham, Lucy Smith wife of William Smith. Unmarried daughters names & number not stated.

D566 Will of WILLIAM SMITH dated 10 Jan 1820, proved Feb Court 1820.
“To William Smith s/o John Smith (the grandson of my brother John) $50”
“To Ferze Smith d/o Robert Smith (son of John) $50”
“To Allen Compton s/o Erasmus Compton, $50”
“To William O’Kelly s/o William O’Kelly $50”
“To Elender Smith d/o Polly Smith a note of $16 on John Ward”
“Unto Polly Smith’s children: Jane, Ellender, Entricans, & Nancy, a tract of land. They are under age.”
“My sister Mary McMund, Robert Smith (s/o John my brother), Joseph Smith & John Smith sons of Robert Smith my brother”… another tract of land
Extr Robert Smith s/o John & Robert Campbell
Wit: John Landers, John Ward, Jacob (x) Huggins.

D573 Will dated 15 July 1811, proved Feb 1820. Mary (x) McMunn. Granddaughter: Ann. Extr: daughter Sarah. Witness: Alexander Findey, James Smith.
CONCLUSIONS/DISCUSSION:James A. Smith, one of the 9 siblings named in the Smith v Smith case, is conclusively linked to property on Back Creek in the Orange District.

This suggests that the family was in Orange County as early as 1778, and relatives who owned land were: Andrew and William. It also shows that James Kerr owned some property in the area which was granted about the same time.

One of the big questions I have is the identity of the 9 siblings’ parents. Previous researchers have indicated they are the children of Andrew Smith (b.1730) and one of two wives: Elizabeth Kerr (b.1733) or Hannah Brackin, but without listing any proof. Andrew & Elizabeth’s marriage was in 1752. Andrew & Hannah in 1781. The originally unknown birthdates of many of the children allowed this to be acceptable as long as that 2nd marriage was in place to allow for a wide span of years (about 40) between the first and last child.

If Andrew & Elizabeth are correct parents, there must be a second marriage. Based on Orange County Marriage Records, the clear choice is Hannah Brackin. However, Hannah Brackin has been claimed by a descendant of the ‘other’ Andrew Smith in Orange County, so we have to look for clues to verify whether the Smith-Brackin marriage belongs to our Smith family line or another one, specifically, land records and the Brackin family history.

Various family files indicate that Hannah Brackin is the daughter of William & Elizabeth (Gillehan) Brackin, both born in Willmington, DE. They removed to Orange County, NC. William died in Sumner County, TN in 1808. One might jump quickly at the Sumner County connection because of the Guthrie-Smith move from Orange, NC to Sumner, TN. However, we can’t overlook the Willmington, DE connection, either. Andreus/Andrew Smith married Sarah Greggat the Old Swedes Church in Wilmington, Delaware, 1755. They had a son named Andrew and all removed to Orange County, NC. Descendants believe the son married Hannah Brackin in 1781. The DE connection in combination with the fact that all Brackin land entries are along StonyCreek and nearby waterways rather than the Back Creek land entries proven to be linked to our Smiths, suggest it is likely that the Hannah Brackin married the ‘other’ Andrew Smith.

That leads back to other questions.

The marriage bonds for Mary Smith, Jane Smith and Elizabeth Smith are all signed by Andrew Smith as their bondsman. This is certainly a relative’s role, presumably their father’s role. Mary & Jane were married before their brother Andrew was born. So it makes sense that Andrew Smith the bondsman would be their father. But that is a guess. Elizabeth married in TN when her brother Andrew was 17. If Andrew, b. 1730, is the bondsman instead, he would be an old man of about 82 years old. We don’t know when or where Andrew Sr died.

If Andrew Smith, born in 1730, who married Elizabeth Kerr in 1752, is the father of our 9 Smith siblings, who is his 2nd wife? Elizabeth Kerr was born in 1733. The youngest Smith sibling was born in 1795 making it impossible for her to be the mother. The 1800 census shows the probable parents of our siblings as: Andrew, 45+ years of age, with a wife who is 26-44 years of age. This could be the theoretical second wife. Or the Andrew listed for this family could be closer to 45 than to 70.

Based upon depositions and census records, it is believed that the oldest of the Smith siblings was born no earlier than 1761 (and more likely born closer to 1770). So what explains the 9 year gap between Andrew & Elizabeth’s marriage and the birth of their first child? Again, something doesn’t add up.

The Kerr family name is used several times by the Smith children & descendants, so the Kerr connection to the family is a close one. The land records show James Kerr was a neighbor to Andrew & William Smith. However, I am beginning to believe that there is a missing generation between Andrew & Elizabeth (Kerr) Smith and these 9 siblings. The Case of Smith v Smith never named their parents. Nothing else I have seen in various Smith/Kerr family files provides any proof of the connection.
The examination of these land records & other documents has allowed us to differentiate some of the SMITH families within Orange County by geographical district and local creeksettlements. The likelihood of familial relations within those smaller areas is greater. While this doesn’t solve the puzzle completely, it does help point us in the right direction.

 

Additional information about this storyDescriptionAn examination of Tax, Land & Will records to differentiate the various Andrew Smith families of Orange County, NC.Date1778-1840LocationOrange County, North CarolinaAttached to

• Andrew Smith (1730 – 1822)