Contributor:
Michelle Ule
Robertule@aol.com
Ukiah, CA
18 Mar 1999
[SMOOT-L] Re: William Smoot of VA; including Dorothy Durham information
Rick--
I read your postings with great interest, since we have been beating our
heads against William Smoot for quite some time. Below my name is part of a
paper I've written about my early Durhams which attempts to figure out William
Smoot's connection to Dorothy (Mrs. Thomas) Durham. You having William as
#15, the son of Thomas Smoot, is an interesting idea; do you know the names of
Thomas and Jane Batton Smoot's daughters, by any chance? (Are you paying
attention Steve and Glenn--THOMAS Smoot?!)
Michelle Ule
Robertule@aol.com
Ukiah, CA
(From the Durham paper written by me in 1998)
Somehow a Thomas Durham got to Virginia, whether as a child or on his own, we
don't know. He planted tobacco in Richmond County and owned land. At some
point before 1686, he married a woman named Dorothy, whom many genealogists
believed was the daughter of William Smoot. Contrary evidence, however, shows
Dorothy Durham and her two sisters Alice Chinn Stretchley and Thomasin
Marshall Goodridge were more likely the daughters of one Mary Gilbert, widow.
The primary historical connection between William Smoot Sr. and Dorothy
Durham is the granting of land in 1700. On August 2, 1700, William Smoot Sr.:
for love and affection for Dorothy Durham, wife of Thomas Durham,
and her children, deeded sixty-two acres of land entailing it upon their
eldest son Thomas Durham Jr., their second son, John Durham and their eldest
daughter, Mary Durham; he provides if all of these children the said land was
to descend to the fourth, fifth and sixth child of the said Dorothy Durham and
if all the aforementioned children of Dorothy Durham deceased, said land to
descend to Ann Fox, wife of William Fox, Gentleman, of Lancaster County.
The property was given to Dorothy Durham and her three children "for love and
affection". The land was "entailed" to the children: eldest son to second son
to daughter. According to the Oxford English Dictionary, entail means "to
settle on a number of persons in succession so that it [an estate] cannot be
bequeathed at pleasure by any one possessor."
The Encyclopedia Britannica explained that in entailed property, the
inheritance was "confined to the heirs of the body." By entailing the gift
property to Dorothy Durham and her children, Smoot appeared to be ensuring the
property stayed specifically within her family. Note the property was not
assigned to Thomas Durham Sr., at all. This coupled with the notations about
love and affection, seemed to indicate Dorothy was at least a relative, and
many supposed she was his daughter.
Ann Fox, to whom the land would revert if no Durhams survived, was Dorothy
Durham's niece, the married daughter of her sister Ann Chinn Stretchley. Ann
Stretchley had other children who apparently were overlooked in this potential
gift. It is not clear if Thomasin Marshall Goodridge had any children at the
time of the deed.
In the Smoot gift, Jane Smoot is listed as waiving her dower rights [Internet
comment from Steve Smoot]. The Oxford English Dictionary defines dower as "1.
the portion of a deceased husband's estate which the law allows to his widow
for life. 2. The money or property which the wife brings to the husband."
Customarily, when a woman waived her dower rights, she was agreeing not to
expect the property to become hers when her husband died. But what if, in
this case, Jane was waiving rights to property she brought into the marriage
which her husband was then assigning to members of Jane's natal family?
Perhaps Dorothy Durham and her sisters were children of Jane's sister? And
perhaps Jane's sister was Mary Gilbert?
These questions are not answerable at present. We do know, however, that
Dorothy Durham's son Thomas Durham Jr. married William Smoot's daughter Mary
about 1710. Mary Smoot, however, would have been a seven year old child in
1700, so her future relationship with Dorothy Durham really isn't germane
here.
In 1707, William Smoot deeded Thomas and Dorothy Durham another fifty acres
(Deed Book 4, page 109, 111).
That same year, on April 26, Mary Gilbert deeded the Durhams 50 acres of land
"adjoining William Smoot's" gift, according to Shirley Corbari in The Guio-
Dodson Family. The property was described in the deed book as being
upon a branch of Farnham Creeke called and knowne by the name of the
Buory Swamp, containing by estimation fifty acres, now in the tanure and
occupation of William Wright.
The deed was signed, sealed and delivered in the presence of William Smoot and
Mil. Walters.
Miles Walters witnessed Thomas Durham's will eight years later, so perhaps he
was a neighbor. Mary Gilbert obviously was acquainted with William Smoot.
William Smoot Sr. died in 1716; his will named his wife Jane, son-in-law
Thomas Durham and three grandchildren: Margaret, Joseph and Sarah Durham (the
only three Durham children born at the time of Smoot's death). The fact his
will made no mention of the sisters Dorothy, Alice and Thomasin (Dorothy and
Thomasin were still alive) would indicate they probably were not his
daughters. Jane Smoot died in North Farnham Parish on October 4, 1726.
Alice was born about 1665 and married John Chin (16??-1692)[Corbari] by whom
she had three, possibly four children as named in her 1701 will: Ann
Fox(1682-1729), Catherine Heal, Rawleigh and possibly Jno. Chin. Her second
husband was John Stretchley, Gentleman (ca 1649-1698).
Alice's August 29, 1701 will is confusing in regard to relationships and
lists them as follows:
daughters Ann Fox and Catherine Heal; sister Dorothy Durham; cousin
Mary Dodson; son-in-law Capt. William Fox; Ann Fox's father, Jno. Chin; Ann
Fox's father-in-law Jno. Stretchly; son Rawleigh Chin; sister Tomazin
Marshall". [Lancaster Co. VA Inventories and Wills 1690-1709, vol 8, p. 105]
Dodson family historian Glenn Gohr pointed out seventeenth century people
sometimes defined relationships differently than we do in the present. In
this case, Mary Dodson was Alice's niece, not her cousin. This is interesting
in light of the reference to "Ann Fox's father, Jno. Chin", a man who is
believed to have died several years before and then been succeeded by John
Stretchly. Stretchly is described as Ann's father-in-law in the will, but he
actually was her step-father. Alice left something to Jno. Chin, so perhaps
he was her son, not her ex-husband.
Thomasin Marshall Goodridge is believed to have been born about 1667. She is
thought to have married Abraham Marshall, who owned land in Richmond County
which eventually came into the possession of the Durhams. (And they sold it
in 1723 to Thomas Dodson Sr.). It is not clear when Marshall died, but at
some point after 1701 Thomasin married William Goodridge.
William Goodridge signed his will on May 12, 1713 and it contained the
following provisions:
named Thomasin wife of William; to son William all land in Lanc.
Co., which I bought of Richard Alderson and John (Buxton); other chil. Moses
and Elizabeth; desires Mr. Rawleigh Chinn to have the care of the three chil.
until age 21; ex: fr. Rawleigh Chinn; wits: none given, but prov. By the oaths
of Dorothy and Thomas Durham (Sr.). [Wills of Richmond County, VA 1699-1800]
Rawleigh Chinn was Alice Chinn Stretchley's son and thus a cousin to
Goodridge's children (Interestingly, the Rawleigh name appeared for
generations afterwards in the Dodson family). The children, thus, probably
were Thomasin's children as well. The Durhams provided an oath certifying the
will; they were Goodridge's sister-in-law and brother-in-law. The familial
relationship is further explained in a reference to "Aunt Dorothea" in
Rawleigh's sister Ann Chinn Fox Chichester's 1725 will. (The IGI lists
Dorothy Durham's death as 1716, but the 1725 reference suggests she must have
lived at least that long).
This lengthy discussion of Dorothy Durham's sisters is to explain in part why
she is not believed to be William Smoot's daughter. Neither Dorothy nor her
still-living sister Thomasin were mentioned in Smoot's 1715 will, though
Dorothy's Durham grandchildren (the children of Smoot's daughter Mary Smoot
Durham) were included.
Mary Gilbert, described as a widow in an indenture she signed to Thomas and
Dorothy Durham, is believed to be Dorothy Durham's mother instead. The
aforementioned indenture, signed April 26, 1707, gave fifty acres of land to
Thomas and Dorothy Durham and their heirs.
Mary Gilbert probably was married to James Gilbert, though we do not know if
he was the father of her daughters. Virginia Colonial Abstracts, Richmond
County, Records 1704-1724, compiled by Beverly Fleet, lists a series of
depositions made about James Gilbert. Among those testifying were Dorothy
Durham (age 41 years in 1704) and William Smoot.
The depositions appear to be about James Gilbert's will which someone was
contesting. Gilbert is portrayed as an irreligious, hunting-loving man at
odds with his wife and some of his neighbors. He had told witness Ann Kelly
"he had not the sense to make a will" and she saw James Gilbert "count 15 head
of Cattle for fourty". He apparently died of burns between New Year's Day and
November of 1704.
According to her deposition, Ann Kelly was a servant to Thomas "Dierham"
(Durham) and Mary Gilbert was staying with the Durham family on New Year's Day
1704. Durham sent Kelly to fetch Gilbert to the Durham home and along the way
he stopped and complained that John Mills (a neighbor) was the cause for the
problems James was having with his wife. According to the depositions, Mills
had written a false will for Gilbert and after leaving 20 shillings for Mrs.
Gilbert, assumed the rest of the estate for himself. The Gilberts had a
servant of their own, Thomas V. Longdale, who was set free by the alleged will
at Gilbert's death. The records do not record how the suit was finally
settled.
Curiously, neither Mary nor James Gilbert were mentioned in Alice Chinn
Stretchley's 1701 will, though they both were alive at the time.
We don't know when Mary Gilbert died, but Thomas Durham Sr. signed his will
on August 4, 1711. He made two references to land conveyed by Mary Gilbert:
Item. I give and Bequeath unto my Dear and Loving wife Dorothy
Durham the use of my Plantations, together with all my Lands and Tenements
with all and Every of their Appurtenances--Profits and Commoditys ----
Belonging or appertaining for and During the ----of her natural Life and after
her Decease if my Son Thomas Durham and Mary his wife do by some sufficient
instrument in writing under their hands and seals and affording to due forme
of Law Release and Acquitt all and singular their Right ,title and Interest in
and unto Fifty acres of Land being the same Tract & Plantations which we had
conveyed us by Mary Gilbert unto my son John Durham and his heirs or pay him
the said: John Durham Eight Thousand Pounds of Tobacco in Lieu of His said
Land and also pay unto my Daughter Mary Dodson Fifteen hundred pounds of
Tobacco that then and upon this consideration-----aforesaid: I do give and
bequeath unto my said son Thomas Durham and his heirs Lawfully Begotten and
for want of such issue unto my son John Durham and his heirs Lawfully Begotten
and for want of such issue unto my GrandSon Thomas Dodson and his heirs. But
if my said son Thomas Durham doth refuse and will not release the said fifty
acres of Land nor pay the Tobacco aforesaid: I do will and Bequeath the said
Plantation whereon I now dwell with all my Lands unto my son John Durham and
his heirs---
Item. I give and Bequeath unto my Son John Durham Fifty acres of Land more or
less being the Plantation with all the Tract and Parcell of Land that was
Conveyed us by Mary Gilbert, to have and to hold the said Tract and Parcell of
Land with the appurtainances unto my said son John Durham and his heirs
Lawfully begotten and for want of such issue unto my GrandSon Thomas Dodson
and his heirs-
The will appears to be talking about the same fifty acres of land indentured
to the Durhams by Mary Gilbert in 1707. It apparently was a nice plantation
if Thomas and Dorothy Durham had moved into the house by the time of Thomas'
death! Thomas Durham also seemed determined to ensure the property stayed
within the family, assigning the plantation to second son John if oldest son
Thomas Durham Jr. did not follow the instructions laid out by the dying man.
Thomas Durham Sr.'s assigning the property to oldest grandson Thomas Dodson
Jr., also indicated the older man was trying to keep the property in the
family. This would seem to imply Mary Gilbert probably was a family member.
All that being said, Mary Gilbert probably was Dorothy, Alice and Thomasin's
mother. Whether their father's name was Gilbert, or perhaps a Thomas with
another surname (to explain Thomasin's unusual name) , is simply unknown.
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