Smith Genealogy

4 September 2006

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Dr G.M.W.Mann.      Baytrees

Burnhams Rd,    Lt.Bookham

Surrey, U.K.           KT23 3AU

geoff.mann@btinternet.com

 

 

 

 

 

7 John SMITH 1751-1796

 

 

m Ann SADLER 1775

 

 

 

 

John was baptised at Great Waltham in 1751, son of John & Elizabeth.  He became a malster in Little Waltham and married Ann SADLER there when he was 24.

 

John & Ann baptised two children at Lt Waltham but then returned to Great Waltham where they baptised four more children.  They also had twin daughters who died a few days old.

 

In 1784, John's uncle, Peter SMITH of Stonage farm Lt Waltham, died and John took occupation of his farm.  Their last two children were baptised at Lt Waltham. 

 

John died at the age of 46 and was buried at Lt Waltham; he left £750 in money to his children, the farm at Stonage to his wife and two youngest children, and other property at Scurvey Hall to his eldest son John.

 

His wife Ann lived for another 48 years and was also buried at Little Waltham aged 89

 

 

 

 

EVENTS

C=Christened

 

           age

   DATE   JS AS

 

EVENT

10Nov1751     

18Jul1775 24 19

19Jul1775 24 19

17Dec1775 24 20

28Oct1776 25 21

 5Nov1777 26 22

 1Oct1779 28 24

23Jan1781 30 26

30Jan1781 30 26

21Apr1782 31 27

12Aug1783 32 28

13Jun1784 33 29

 2Nov1784 33 29

13Nov1784 33 29

18Dec1785 34 30

 3Dec1786 35 31

11Jan1787 36 32

     1791 40 36

29Jan1792 41 37

30Dec1795 44 40

13Jun1796 45 41

 1Jul1796    41

 6Jun1841    85

18Feb1844    89

John C at Great Waltham, son John & Elizabeth SMITH

John SMITH bch 24 of Lt.Waltham maltster obtained licence to marry Ann SADLER spr 19 dau of George of Gt.Waltham

John SMITH & Ann SADLER m at Little Waltham

son John C at Little Waltham

son Peter C at Little Waltham

dau Sarah C at Great Waltham

son Thomas C at Great Waltham

Mary & Anne twin dau’s John SMITH baptised at Great Waltham

Mary & Anne twin dau’s John SMITH buried at Great Waltham

son Samuel C at Great Waltham

son Samuel buried at Great Waltham

so Jonathon C at Great Waltham

admitted to lands on road from Waltham to Braintree in Chatham Manor, Little Waltham

uncle Peter of Stonage died; John "of Great Waltham now maltster in Little Waltham" made executor

son Abraham C at Little Waltham

son Benjamin C at Little Waltham

exec of cousin’s will and inherits half his money; John is "maltster & farmer of Stonage, Little Waltham"

son Samuel born at Little Waltham (C not found)

dau Ann C at Little Waltham

made last will; £750 to children; Stonage to wife, Samuel and Anne; roadside property to eldest son John

John SMITH of Stonage buried at Little Waltham

will proved by widow Ann and son John

Ann living near Stonage with Lavinia SMITH aged 14

Ann buried at Little Waltham

 

 

 

 

PRINCIPAL RECORDS

 

 

b=born  m=married  d=died

C=Christened        B=Buried

 

BIRTH

 

John SMITH-7 m Ann SADLER in 1775 at Little Waltham and from his age of 24 on the marriage licence, he was born about 1751.  His will (identified by the names of his wife and children) shows he died in 1796 and corresponding burial record has age 50 so born about 1746. The burial record also shows crucially that John-7 was at Stonage farm in Little Waltham when he died

 

There are two wills, which together show that John of Stonage was the nephew of Peter SMITH of Stonage farm who died in 1784 and either the son of John SMITH, or the son of Thomas, both brothers of Peter

 

1)     The 1786 will of John SMITH of Broomfield names John SMITH of Stonage as his cousin and his executor, and also executor of the will of Peter SMITH of Stonage.  It follows therefore that John-7 was cousin to John of Broomfield and also executor of Peter's will.   John SMITH of Broomfield can be identified with confidence as Peter's nephew (son of his brother Abraham) so if John SMITH of Stonage was his cousin, he must also be a nephew of Peter SMITH of Stomage.

 

2)     Peter's will made in 1784 is a crucial document naming no fewer than 14 nephews/nieces of three brothers (see below); it also confirms that his executors were John SMITH of Broomfield and "John SMITH of Gt Waltham, now maltster in Lt Waltham".  He names two nephews called John, one the son of brother John, the other son of brother Thomas

 

I believe that John-7 was the son of Peter's eldest brother John and not of Thomas.  The primary reason for this is that John-7 came into possession of Peter's farm of Stonage as shown by his burial record and the fact that John-7's youngest son Samuel was at Stonage in the 41 and 51 census.

 

Peter SMITH's will stated that all his estate, real and personal, should be sold and the money divided between his legatees.  His own farm of Stonage is not mentioned.  How then did it pass to John-7?  The answer lies in a manorial record from nearby Chatham Hall:

 

20Oct1786 To this court came John SMITH of Gt Waltham, yeoman, nephew and heir at law of Peter SMITH late of Lt Waltham, Farmer, deceased, and the eldest son of John SMITH heretofore of Gt.Waltham deceased, who was the eldest brother of the said Peter SMITH deceased and released his rights in the lands of Peter SMITH to Robert GREENWOOD

 

This identifies the nephew who was the son of John as heir-at-law to Peter, presumably because Peter had no wife or legitimate descendants, and this John was the eldest son of the eldest brother.  As heir-at-law he could have taken possession of Stonage without this being mentioned in the will.  No manorial records of Stonage have been found, but other Chatham Hall records are relevant:

 

2Nov1784 granted to John SMITH a cottage and grounds in his own occupation situate in the Kings Highway in Gt Waltham in the road leading from Braintree to Chelmsford and near the farm called Stonage; 1/6 pa

 

This date is 2 weeks after Peter Smith's will was written but 4 weeks before it was proved.  This John must be John-7 because he bequeathed this property in his will to his eldest son John-6, though it was then in the occupation of William SMITH and John HEMPSTED who were son and son-in-law of Thomas.   John-6 does not name these occupants as his brothers as he probably would were he also a son of Thomas.  Thus at some time between Nov84 and writing his will in Dec95, John-7 moves from the roadside cottage (Great Waltham) to Stonage (Little Waltham); the parish boundary runs down the road, so the cottage was probably opposite Stonage, and was probably known later as Scurvy Hall or Little Stonage farm

 

24Oct1786 copyhold 6 acres called Fawces or Dorrivals, also Collinscroft 4 acres formerly in occupation of Samuel JOSLYN sold according to will of Peter SMITH by executors John SMITH of Broomfield, John SMITH of Lt Waltham, malster, and Mary COOK wife of Joseph COOK formerly SMITH, to Robert GREENWOOD by public auction at Bell Inn Lt Waltham on 19 July for £402"

 

Only 4 days after the previous entry, the executor of Peter's will (who is known to be John-7) is described as a malster of Little Waltham.  Is it possible that John, described on 20Oct as yeoman of Great Waltham and son of John, is the same as executor John, mentioned on 24th Oct as malster of Little Waltham?  I think this is reasonable given that John-7 hopped between the two parishes, and Peter's will itself refers to him as "John SMITH of Gt Waltham, now maltster in Lt Waltham".

 

The timings of his moves can be deduced from baptism and other records:

 

1775          John SMITH malster of Lt.Waltham & Ann SADLER m by licence at Lt Waltham

1775-1776     John & Ann baptise at Lt W

1777-1784     John & Ann baptise at Gt W

1784          JS, executor of Peter's will, "of Great Waltham now malster in Little Waltham"

1785-1792     John & Ann baptise at Lt W

1786 20Oct    JS, yeoman of GW, heir in law to Peter

1786 24Oct    JS, executor of Peter's will, malster of LW

1796          JS "of Stonage in Little Waltham", yeoman (burial record and will)

 

In summary therefore, John-7 was born around 1750, son of John.   There is no suitable baptism at Little Waltham and just one at Gt.Waltham:

 

C 10Nov1751 John  s John  & Elizabeth SMITH

 

Despite the uncertainty of knowing whether all these records of John SMITH relate to the same man, the essential identification is of John-7 as the son of John, the eldest brother of Peter of Stonage   This explains John-7’s occupation of Stonage and supports the above baptism to John & Elizabeth   The baptismal date agrees with the marriage licence age which is likely to be more reliable than the burial age   As the baptism took place in Great Waltham, this helps explain the description of John as "of Great Waltham, now malster in Little Waltham".

 

MARRIAGE

 

John SMITH-6 was C at Lt Waltham in 1775 son of John & Ann; several baptisms to these parents at Lt Waltham are preceded by a suitable marriage and licence:

 

l 18Jul1775 John SMITH bch 24 of Lt Waltham maltster & Ann SADLER spr 19 father: George x SADLER husbandman of Gt Waltham

m 19Jul1775 John SMITH bch otp & Ann x SADLER spr otp by licence; w: John BASS, Elizabeth x SADLER

 

However there was another John/Ann SMITH baptising children at this time (see Descendants below); this John probably remarried Frances in 1788 whereas the will of the father of John Smith-6 shows he was still married to Ann at his decease.  It seems almost certain that this is the correct marriage.  The only negative data is the 1841 census shown below which has an Ann SMITH of the right age in Little Waltham close to Stonage farm, but with a birthplace in Ireland.  Either she is not the wife of John-7 (which seems unlikely), or John-6 remarried another Ann (no evidence for this) or the birthplace in Ireland is an enumeration error (there is a suitable baptism of Ann dau of George in Gt.Waltham).  She was living with Lavinia SMITH aged 14 who was the granddaughter of John and Ann by their youngest son Samuel SMITH

 

DESCENDANTS

from Gt & Lt Waltham parish registers and from will:

 

C 17Dec1775 John       s John & Ann SMITH  Lt W

C 28Oct1776 Peter      s John & Ann SMITH  Lt W

C  5Nov1777 Sarah      d John & Ann SMITH  Gt W

C  1Oct1779 Thomas     s John & Anne SMITH Gt W

C 23Jan1781 Mary  & Anne twin d John SMITH  Gt W; B 30Jan1781 Mary  & Anne  twin d John SMITH

C 21Apr1782 Samuel     s John & Anne SMITH Gt W; B 12Aug1783 Samuel  s John SMITH

C 13Jun1784 Jonathon   s John & Anne SMITH Gt W

C 18Dec1785 Abraham    s John & Ann SMITH  Lt W

C  3Dec1786 Benjamin   s John & Ann SMITH  Lt W

C  9Oct1790 Samuel     s John & Ann SMITH  Lt W

C  2Jan1792 Ann        d John & Ann SMITH  Lt W

 

there is a further baptism to John & Ann at Great Waltham:

 

C  9Aug1785 Mary-Anne  d John  & Anne SMITH Gt W

 

However Mary-Anne was C only 4m before Abraham and is the only child (apart from the twins) not mentioned in John's will.  She is probably the child of different John/Ann parent; this is supported by the following records:

 

B 27Oct1787 Ann  the wife of John SMITH  at Little Waltham

m 27May1788 John x SMITH wid otp & Frances x SMITH spr otp; w: Jno SMITH, Jonathon BULL, Solomon NEWMAN; at Great Waltham

 

note that the John who married Frances could not write, but his marriage was witnessed by Jno SMITH who signed in a good hand

 

 

DEATH

from Lt Waltham register:

 

B 13Jun1796 John SMITH of Stonage age 50 [b 1746]

will of John SMITH

 

John SMITH yeoman of Lt Waltham 30Dec1795, proved 1Jul1796: wife Ann to live in his farm; sons John Peter Thomas Jonathon Abraham Benjamin £100 each; Sarah £150; Samuel and da Ann to share value of his farm equally with wife Ann when da Ann is 21; eldest son John to have roadside properties in possession of John HEMPSTED and William SMITH

 

The names of his children confirm this is the will of John-7; the date confirms the burial record and places him at Stonage in Lt Waltham.  His possession of Stonage is confirmed by the 1851 census which shows Stonage in the possession of Samuel, farmer of 130acres, b1791 Little Waltham; this is clearly John‑7's son

 

Ann proved his will in 1796 so cannot be the Ann wife of John buried 1787 in Little Waltham. In fact she survived to 1844:

 

d 18Feb1844 Ann SMITH female, 89, widow of John SMITH, farmer, at Little Waltham; cause: decay of nature

r 22Feb1844 by Elizabeth LINNETT pad, Little Waltham, at Great Waltham, Chelmsford, ESX

 

B 27Feb1844 Ann SMITH aged 89 at Little Waltham

 

CENSUS

1841 Little Waltham   HO107/326/10 f18,   enum district 7

 

Ann        SMITH              85  1756    independent      n I [I=Ireland]

Lavinia    SMITH              14  1827                     y

 

NOTE: enum district 7 is to the NE of the road from the turnpike road to Springfield; Stonage farm census is at f20 occupied by John’s son Samuel; eldest son John is also nearby at Scurvy Hall

 

 

OTHER

from Lt Waltham PR:

 

B 13Mar1791 a stranger that died at Jno SMITH's of Stonage

 

will of Peter Smith

 

Peter SMITH of Little Waltham, Essex, farmer, make my last will in manner following: I give to my cousin Samuel JOSLING & his wife £10 and to all their children £5 each; to Peter JOSLING and his wife £10 and to all their children £5 each; to John JOSLING £10 and to all his children £5 each.  To my late brother John SMITH's family I give as follows: to John SMITH and his wife £20 and to all their children £5 each; to Ann now wife of John BEDALL £10 and to all their children £5 each; to Elizabeth now wife of John SHELTON £10; to Mary now wife of James STOCK £10 and to all their children £5 each; to Hannah now wife of Simon SNOW £10 and to all their children £5 each.  Next to my late brother Abraham SMITH's family: I give to Abraham SMITH and his wife £10 and to all their children £5 each; to John SMITH of Broomfield £20; to Judah now wife of William KEMP £10 and to all their children £5 each.  And to my late brother Thomas SMITH's family I give as follows: to the said (sic) John SMITH and his wife £10 and to all their children £5 each; to William SMITH £10; to Joseph SMITH £10; to Joseph TIFFIN and his wife £10 and to all their children £5 each; to Robert RICHARDSON and his wife £10 and to all their children £5 each; to Sarah now wife of John HAMPSTED£10 and to all their children £5 each.  And I also give for several good reasons to Mary SMITH my now housekeeper and daughter of my now housekeeper Mary SMITH joint sum of £40; to John YOUNG son of the late John YOUNG £10; to Elizabeth KNIGHT daughter of the late William KNIGHT £10; to John KING of Hatfield Peveril, carpenter, £10 and to all his children £5 each; to John STRUTT and his wife £10 and to all their children £5 each.  And if my sister in law Sarah SMITH be living at my decease I give her £5.  I appoint John SMITH maltster of Broomfield and John SMITH of Gt Waltham, now maltster in Lt Waltham, and Mary SMITH my now housekeeper joint executors.  All my estate both real and personal shall be sold and the money equally divided among my legatees but the children of those legatees excepted out of anything further than their £5 apiece.  Signed Peter SMITH 16 October 1784 in presence of John MASFEALE{?} Hannah HARDY Jno BEST.  Proved 3 December 1784 by John SMITH and John SMITH two of the executors and also proved 4 January 1785 by Mary SMITH the other executor

 

Peter SMITH farmer Lt Waltham s 16Oct1784 p 3Dec1784

 

will:  John of Broomfield   ERO 5BR28 (reel 21);  abbreviated extract

 

John SMITH of Broomfield, Essex, farmer and maltster, make my last will and testament in manner following: First I give unto my cousin John SMITH of Stonage in the parish of Little Waltham, Essex, maltster and farmer, the sum of œ50, I also give unto John SAMMES of Little Waltham, maltster, œ50 to be retained by them out of my ready monies; I also give and devise unto the said John SMITH and John SAMMES all my freehold, customary or copyhold messuages lands etc wheresoever situate in trust to sell and dispose thereof for the most money they can obtain; And I also give and bequeath unto John SMITH and John SAMMES all my stock of cattle hops malt corn hay and grain and crops of corn hay and grain of every sort, also my waggons carts plows harrows and implements of farming malting and husbandry and also all my plate linen household goods furniture chattles and personal effects whatsoever in trust also to sell and dispose for the most money they can obtain; And I also give unto John SMITH and John SAMMES the remainder of my ready monies, securities for monies, and debts owing to me at my decease also upon trust for the several purposes following: that is to say my said trustees shall discharge all my just debts and expenses etc and out of the remainder shall discharge the several legacies hereinafter named.  I give unto my brother Abraham SMITH and his wife œ50 and to all their children £20 apiece; I give unto my sister Judith KEMP and her husband £50 and to all their children £20 apiece; and such children as shall be under the age of 21 I direct that the legacy shall be paid to them at the age of 21 with lawful interest; and for reasons of bad usage I give unto Mary COOTE, daughter of my sister Mary SMITH one shilling and to all her children one shilling a piece; I also for the like reasons give unto my sister Abigail STRUTT wife of John STRUTT of Little Waltham one shilling and to all her children one shilling apiece.  Then my trustees shall divide any surplus unto my brother Abraham SMITH and his children and my sister Judith KEMP and her children in equal shares...And I appoint my said cousin John SMITH and the said John SAMMES executors...And whereas I have now in my hands the sum of £242 19/3d part of the personal estate of Peter SMITH of Stonage deceased which I retained as one of his executors to be applied according to his will to several infant legatees under the age of 21, I desire my said cousin John SMITH co-executor with me of Peter SMITH's will to apply the same to the several legatees of the said Peter SMITH as each of them attain the age of 21.

 

Signed 16 September 1786 John SMITH, in presence of William ALLEN, William HARDY, Thos SANDFORD.  Proved 11 January 1787 by John SMITH cousin of the deceased and John SAMMES, executors

 

John SMITH of Broomfield s 16Sep1786 p 11Jan1787

 

brother Abraham SMITH

sister  Judith KEMP

sister  Abigail STRUTT wife of John STRUTT

sister  Mary SMITH

  niece      Mary COOTE

 

cousin  John SMITH of Stonage, Lt.Waltham

 

 

 

 

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