Sothoron & Related Families - 420 (Notes Pages)

For privacy reasons, Date of Birth and Date of Marriage for persons believed to still be living are not shown.

Smith James Edward [Male] b. ABT 1838 Virginia - d. AFT JUN 1860

See father's Notes for 1850 Federal Census entry, mother's Notes for 1860 entry.

Identified in suit regarding estate of maternal uncle James Smith (see his Notes)

James E. Smith enlisted at Pocahontas Co., WV on 4 Jan 1863 as a private in the Virginia military. He enlisted in the Virginia 26th Calvary Regiment on 1 Apr 1863, and Company D of Virginia 46th Calvary Battalion on same date. Promoted to full Captain on 6 Oct 1863, mustered out on 1 Sept 1864 at Little Sandy River, WV. (Ancestry.com* - U.S. Civil War Soldiers Records and Profiles - The Virginia Regimental Histories Series)
(NOTE: Is the right James E. Smith?

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All Faith Episcopal, Huntersville, St. Mary's Co., MD

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See mother's Notes for shared grave marker.

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See mother's Notes for shared grave marker.

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See mother's Notes for shared grave marker.

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See Notes of father's wife Mary Alvey for shared grave marker.

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See husband's Notes for 1930 Federal Census entry.

Mary Burroughs, SSN 577-01-7283
Born 7 Oct 1908
Issued DC (before 1951)
Last Residence 20656, Loveville, St. Mary's Co., MD
Died Aug 1984
(SSDI*)

See husband's Notes for shared grave marker.

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THOS. R. Jr.
SON OF
THOS R. &
MARY A.
BURROUGHS
1927-1929

St. Joseph's Catholic (New), Morganza, St. Mary's Co., MD
Next to parents' marker.

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1850 Federal Census (1850.06.01, Recorded 1850.08.22) Ashby Dist., Fauquier Co., VA - Pg 222, Ln 40, 316/324 (follows entry for Gabriel Rogers & family, same page as "Ricksy" family)
- James Smith, 75 year old white male Farmer, born in Va. Real property valued at $5,000.
- J. S. Smith, 33 year old white male Farmer, born in Va.

** Law Suit, Barbee vs Smith &c, #124, Fauquier Co., VA

Folder Notes:
1854
... June - Dismissed for want of bill
... Sept 20 - Bill filed - dismission set aside & case remanded to rules.
... Octo. - D. Nisi re all the actfs, except James Smith decd.
... Nov - D. Nisi re Jas Smith's est - Bill taken for confessed re all the other defendants.
... Dec - Bill taken for confessed as to James Smith's act
1856
... Janry - Set for hearing on plts motion
... Apr 13 - Demurer to bill - argued & sustained.
1859
... April 19 - unless plts file an amended bill during the term, suit to stand dismissed as an act of this asy - with costs.

Plaintiffs
- Louisa B Barbee by Andrew Barbee, her next friend
- John A. Adams & Mary E., his wife
- Samuel A. Blackmore & Maria L., his wife
- Wm. K. Barbee
-Joseph A. Barbee
- Benj. R. Barbee
- James W. Barbee
- Henry C. Barbee
- Geo. T. Barbee & Robt. L. Barbee, infants, by Andrew Barbee, their next friend
- Catharine Smith
- M. Henry Lacy & Maria Louisa, his wife
- William Rice & Eliza, his wife
- Clinton Haddock & Dorothea, his wife
- Lucy C. Smith
- Susan Smith
- James Edie? (sic) Smith
- Jacqueline Smith, an infant, by Catharine Smith, her next friend.

Defendants
- Joseph B. Smith - D.N. T.C. Selby(?)
- John P. Smith - D.N. T.C. Selby(?)
- Geo. A. Tavenner, trustee - D.N. T.C. Selby(?)
- Gabriel Rogers - D. N. T.C.
- Wm. M. Hume Sheff of Fau. Va. (name was added after original writing).
- Thomas B. Scott - D.N. T.C. Selby(?)
- ........... adr. of James Smith , decd.

Complaint by Louisa B. Barbee, by Andrew Barbee her husband and next friend, John A. Adams and Mary E. Adams his wife (formerly Mary E. Barbee), Samuel O. Blackmon and Maria L. Blackmon his wife (formerly Maria L. Barbee), William Th. Barbee, Joseph A. Barbee, Benjamin R. Barbee, James W. Barbee, Henry C. Barbee, George T. Barbee and Robert L. Barbee, the last two of whom are infants and here be the said Andrew Barbee their father and next friend. -- Catharine Smith, M. Henry Lacey and Mary Louisa his wife (formerly Mary Louisa Smith), Clinton Haddock and Dorothea his wife (formerly Dorothea Smith), William Rice and Eliza his wife (formerly Eliza Smith), Lucy C. Smith, Susan Sith, James Edward Smith, and Jacqueline Smith the last one of whom is an infant and here by the said Catharine Smith her mother and next friend. -- That James Smith now deceased, who was the brother of your orator Eliza B. Barbee, the mother of Orator & orators Mary E. Adams, Mary L. Blackmon, William Th. Barbee, Benjamin R. Barbee, James W. Barbee, Henry C. Barbee, George T. Barbee and Robert L. Barbee, -- and who was the brother of orator Catharine Smith, the mother of Orator and orators Mary Louisa Lacey, Eliza. Rice, Dorothea Haddock, Lucy C. Smith, James Edward Smith and Jacqueline Smith, lived in Fauquier Co., Va for many years on a valuable farm, in the cultivation of which he was engaged, having also a considerable personal estate.
- In 1841 James Smith dec'd., having become deeply involved in pecunary embarassments, in part by reason of his suretyship for his nephew Joseph B. Smith, one of the named defendants, executed a deed of trust dated 20 Nov 1841 to George A. Tavenner, by which he conveyed after certain reservations and the payment of his just debts, all his interest in the property in said deed, consisting of all of his real estate and sundry negroes horses and cattle employed in the cultivation of said real estate, to the exclusion and benefit of his sisters, Orator Louisa B. Barbee and Catharine Smith, for their lives and aftterwards to their children equally; deed proven & recorded, and copy enclosed as Exhibit A.
- James Smith continued to occupy said farm until its sale by virtue of a decree of the late Circuit Superior Court of Law and Chancery for this county, entered 9 May 1846 in a suit instituted on 2 Oct 1844 by John H. Brent against Abraham Hickman, James Smith & Andrew Barbee & sons, to which William Childs & Joseph B. Smith became parties by petition. On confirmation of said sale it was decreed by said Court that out of the sale proceeds certain claims mentioned in the proceedings, and the costs of the suit, should be paid, and the remainder of purchase money paid to James Smith.
- In addition to said tract in possession of James Smith at the date of execution of the deed to George Tavenner, Smith also owned another tract of about 96 acres which he had previously purchased of afsd. Andrew Barbee, but for which he received no deed, mainly due to unwillingness of afsd. Louisa B. Barbee to join in said deed for purpose of relinquishing her contingent dower interest in said parcel.
- On 14 May 1851 a deed of bargain & sale from Andrew Barbee & Louisa B. Barbee his wife was executed to said James Smith, conveying afsd. tract, and on 5 July 1851 said James Smith, for purpose of having the payment of certain debts therein enumerated, executed a deed of trust to Rice W. Payne, conveying to him the afsd. parcel of 96 acres. Both said deed of bargain & sale and deed of trust were recorded in Fauquier Co. Court; copies attached as "Ea No. 2" and Ee No.3." Said Payne sold the property, with a copy of that act being attached as "Ex No 4." After satisfaction of all debts in & related to said deed of trust there remained in the hands of said Payne a large balance, which remained in his hands at the time of James Smith's death.
- After completion of actions required by court in relation to first tract of land there remained a large residual which by said decree was directed to be paid to said James Smith. Residual was appropriated by him in purchase of another tract of a little over 200 acres in same county, conveyed to him by Joseph S. Smith, James W. Smith & Catherine A. his wife and Rice W. Payne trustee, by & beaing date of 28 Sept 1848; copy is included as "Ex B." Shortly after said purchase said James Smith removed to said farm, with him such stock and farming implements and such slaves as still remained in his possession; the horses & cattle in part being the same which was conveyed in deed to George A. Tavenner afsd, & in part the increase thereof, all of the servants conveyed in said deed, as well as a considerable portion of his other personal property having been previously taken to pay the liability he had incurred.
- In 1850, having reached advanced age & being perplexed with his affairs, James Smith committed the general superintendence thereof to his nephew Joseph S. Smith, who thereafter resided with him. Soon thereafter a contract was entered into between James Smith & Joseph S. Smith by which the former leased to the latter the tract of land on which he lived, for a term of years, continuing however to occupy the house with the lessee. Joseph S. Smith died about 1 Sept 1851 and, by order of Fauquier Co. Court, an administration was made on his estate on 22 Dec 1851, committed to William R. Smith the Sheriff of said County, a copy herewith filed. The sheriff in discharge of his duty sold the interest which said Joseph S. Smith had obtained from said James Smith by a lean (sic) of the tract to Gabriel Rogers, who now occupies the same as tenant.
- After death of said Joseph S. Smith, Joseph B. Smith, without soliciation on the part of his uncle James Smith, and indeed against his frequently expressed wishes, obtruded himself on him & voluntarily undertook the management of his affairs which by reason of contract with Joseph S. Smith for the lean (sic) of his land had been reduced to a very narrow compass(?). Said Joseph B. Smith continued to reside with his said uncle up to the time of his death which happened some time in the latter part of the summer of 1852.
- At time of death of said James Smith he was in possession & enjoyment of afsd. tract of about 200 acres, partly in his own immediate possession & partly by his tenant the said Gabriel Rogers, as also a small share of personal property the remnant of that which had been conveyed to said George A. Tavenner as trustee afsd., together with balance of money in the hands of Rice W. Payne trustee as afsd. after satisfying terms of deed of trust on afsd. tract of 96 acres sold by his as trustee as afsd., all of which real estate personal property and money your orators are advised they have a just and legal right and title by virtue and under authority of the deed of trust to George A. Lawrence first above referred to, and all the facts herein before states subject to the conditions and limitations of said deed of which deed, and of the rightys and interests which accrued to your Orator & orators under it the said Joseph B. Smith & said John T. Smith were at the time tie said Joseph Smith went to live with his said uncle fully advised and informed. Nevertheless the said Joseph B. Smith finding his said uncle greatly enfeebled both in body and mind by reason of his great age and other infirmities and as he found an easy prey to his acts and machinations commenced and contunued up to & after death of said uncle a systematic course of fraud and avarice by which he hoped to secure to himself all of the property of which his uncle was possessed and thereby to defraud your Orator & orators of their just & legal rights under the afst. deed to George A. Tavenner. During his uncle's lifetime he managed to obtain possession of sundry horses oxen in the possession of said uncle, and within the increase of horses & cattle conveyed to said Tavenner as procured with their proceeds and of the land last pruchased by him, which property he apropriated to his own use. On 3 Mar 1852 a paper dated 21 Feb 1852 was recorded at the Fauquier Co. Court, which purported to be a deed of bargain & sale conveying to said John P. Smith and Joseph B. Smith for $3,000 already paid to said James Smith by them, the tract of about 200 acres which had conveyed to said James Smith by deed of 28 Sept 1848 ("Ex B"). Orator & orators charge that no such deed was ever executed by said James Smith, that said document was obtained by fraud and is of no legal effect, that the $3,000 nor any portion thereof was ever paid. Also charge that at the time the false documented was made, John P. Smith & Joseph B. Smith were well advised of the deed first herein referred to & of the rights & interests of Orator & orators. They have continued to occupy said land & collect rent from said Gabriel Rogers for their own use.
- Having thus undertaken to appropriate real estate of James Smith to the use of himself & his brother, said Joseph B. Smith next set up a claim to the personal property of said James Smith and sustained the same by some scheme or device; accordingly soon after the death of his usncle a paper writing purporting to be his last will & testament bequeathing to said foseph B. Smith all his estate of every kind after payment of debts and funeral expenses, except a small specific bequest was produced before the Fauquier Co. Court by same Joseph B. Smith & offered for probate, but said court refused to admit the document to probate. Notwithstanding the Court action, said Joseph B. Smith has taken possession of continues to hold as owner to much of the personal property of said uncle as was left at the time of his death. Copy of said paper & order of said court are filed herewith. Failing in effort to establish his right to personal property by means of a pretended will, said Joseph B. Smith resorted to another scheme or device by which he hoped to realize for hiself that portion of the estate which in the shape of money was in the hand of Rice W. Payne as trustee afsd., accordingly anothr paper purporting to be an order from his said uncle on the said Rice W. Payne directing him to pay to said J.B. Smith the amount in his hands. Said Payne having good reason to question the genuineness & validity of said paper did not deem it advisable to pay the same, but for his protection filed his bill of interpleader in Fauquier Co. Court, to which bill Joseph B. Smith & William M. Hume the sheriff of afsd. county to whom administration of estate of James Smith had been theretofore committed & others were made parties defendant, upon the hearing of which cause it was ordered by the Court that said Rice W. Payne pay said Sheriff the sum of $343.41 less cost of said suit, which was accordingly done and recorded.
- All of which actions, doings & pretenses are contrary to equity and good conscience and tied to the maifest wrong and injury of Orator & orators. Pray relief, asking said Joseph B. Smith & John P. Smith, said George A. Tavenner & William M. Hume Sheriff admr. of James Smith dect & Gabriel Rogers may be made parties dependents to this bill and assure the same that said John P. Smith & Joseph B. Smith may upon their oaths make a true and perfect assurance to all and singular the matters afsd. Goes on to ask for discovery of any documentation & witnesses relating to noted claims, and for detailed accounting in said claims.

Summons' for Joseph B. Smith, John P. Smith, George A. Tavenner, trustee, Gabriel Rogers & Turner D. Scott, admr. of James Smith--to answer a bill in Chancery by Louisa B. Barbee et al.

Summons for appearance on 1st Mondy of March 1854, from writ signed 28 Feb 1854. Served; George Tavenner not found.

Summons for appearance on last Monday of March 1854, from writ signed 6 March 1854. Served

Summons for appearance on 1st Mondy of November 1854, from writ signed 2 Oct 1854. Served.
(Chancery Records of Fauquier Co., VA, Index No. 1858-004)

Indenture of 28 May 1851 between Andrew Barbee & wife Louisa B. of Preston Co., VA; and James Smith of Fauquier Co., VA. For $1,800 Smith conveyed tract in upper Fauquier Co., VA, 100 acres, near Rixey's Mill & adjoining lands of Gabriel Rogers, beign parcel allotted to heirs of Samuel Adams & in division of lands belonging to the father of said James Smith; also lease lands known as McLearon's lease, situated in vicinity of above tract. Above premises being the same sold to same Smith (sic) on 1 Oct 1835 & held by him in possession ever since. Certified in Preston Co., VA on 24 May 1851

In the name of God Amen-- I James Smith of the County of Fauquier & State of Virginia, do make this my last Will and Testament-- 1st - I give and bequeath To my Nephew Joseph B. Smith, now attending me in my illness, all my Estate of every kind Whatever After the payment of my just debts and funeral Expenses. Except I give Nancy Gains the suckling Colt of my Grey Mare Coby. And my Nephew Jos. B. Smith is to see that she getis it or he must pay her twenty five dollars-- As Witness my hand and seal this 8th day of July 1852. /s/ James Smith [seal]; witnessed by George A. Nelson & Joseph Ford.
- Fauquier County Court 29th Sept 1852. A paper writing purporting the last will and Testament of James Smith deceased, bearing date on the 8th day of July 1852 was produced into Court by Joseph B. Smith in order to be proved, and George A. Ravenner trustee of Louisa Bargee, wife of Andrew Barbee by his attorney, appeared and opposed the proof of said will--whereupon Several witnesses were sworn and examined. On consideration whereof, the Court doth refuse to permit said paper to be recorded as the last will and testament of said James Smith deceased. Teste Wm. H Jennings C.C.

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Identified in suit regarding estate of brother James (see his Notes).

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Identified in suit regarding brother-in-law James Smith's estate (see his Notes).

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Identified in suit regarding estate of maternal uncle James Smith (see his Notes)

See father's Notes for 1850 Federal Census entry, mother's Notes for 1860 entry, husband Isaiah's Notes for 1870, 1880 & 1900 entries.

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Identified in suit regarding estate of wife's maternal uncle James Smith (see his Notes)

Middle initial from daughter Mary's Death Record (see her Notes)

See father-in-law's Notes for 1850 Federal Census entry.

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Identified in suit regarding estate of maternal uncle James Smith (see his Notes)

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Identified in suit regarding estate of wife's maternal uncle James Smith (see his Notes)

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Identified in deed of 1850 (see husband's Notes)

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See father's Notes for 1850 (as "A") & 1860 Federal Census entries.

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See father's Notes for 1850 (as "S.B.") & 1860 Federal Census entries.

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See father's Notes for 1850 (as "E.G.") & 1860 Federal Census entries.

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See father's Notes for 1860 & 1870 Federal Census entries.

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W.Haddox Sothoron, M.D.