SMART ROOTS - Our Family Origins

The James Smart Will

A large computer file (JPEG) of the original will is here. The text is below.

About the Will

James Smart's 1836 Will, in conjunction with the census and marriage records from Kentucky and North Carolina in that era, strongly suggest that James Smart and Nancy (Scott) Smart are the parents of Joseph Reed Smart, born in 1799 at Eddyville, western Kentucky.

The text of this will (as best as I can read it) is shown below. It is a translation from the older-style handwriting of the court clerk into computer text. It is as accurate as my knowledge and abilities allow. I've marked areas that might need further attention.

Text of the James Smart Will - 1836

In the name of God, amen.

I, James Smart, of Caldwell County and State of Kentucky and being old and feeble but of sound mind and disposing judgment knowing of a truth that I, by the course of nature, must shortly die and leave this present world. In order therefore that, after my decease, my estate, which God was pleased to give me, lie justly and properly disposed of amongst my heirs. I ordain the following to be my last Will and Testimony and I do by this presents repeal disamicel [sic] and make void all and every former will whatever.

It is my will and desire that my beloved wife Nancy Smart shall, after my decease, possess and enjoy the full benefit of all my lands and tenements, household and kitchen furniture, farming utensils and all my stock of cattle, hogs, sheep and horses with the exception of the bald-faced sorrel colt which came of my sorrel mare--all of which it is my will that she, the said Nancy Smart, should enjoy during her life or widowhood.

It is my will that my daughter Polly R. Polly Reed Smart shall have and I give to her the aforementioned blazed-face [sic] sorrel horse colt. I also give to her the loom, which she had in possession. The above mentioned sorrel colt and loom I give to my daughter Polly R. Smart as a portion in advance of my estate which will only make her portion equal to the portions of all my other children.

It is my will and desire that, after the decease of my beloved wife Nancy Smart, that all my lands and tenements, household and kitchen furniture, farming utensils and stock of cattle, hogs, sheep and horses be sold and equally divided among all my dear children John S. Smart, Polly R. Smart, Joseph R. Smart, Luanna Patterson, Jane S. Leroy, Nancy Patterson, William M. C. [or Mele?] Smart.

But it is my will and desire that all that portion of my estate which falleth to my daughter Louanna Patterson, should be equally divided amongst all her children for their exclusive benefit. And it is my will and desire that all that portion of my estate which falleth to my daughter Nancy S. Patterson should be given to my grand son Matlachi [spelling?] Smart, the son of the said Nancy Patterson, to be his forever. And I do, by these prescuts [sic], constitute my beloved wife Nancy Smart and my son William M.C. Smart executors to this, my last Will and Testament. In witness thereof, I affix my hand this 9th day of January, 1836.

James Smart

Witnessed:

  • James W. Mansfield
  • Mary V. Mansfield
  • Commonwealth of Kentucky
  • County of Caldwell
  • Tet May Tum 1837

I, Charles B. Dallam, Clerk of the county court for the aforementioned county, do hereby certify that the within last Will and Testament of James Smart, deceased, was at a county court begun and held in and for said county on this 13th day of April 1837 Produced in open court and laid over until today when the same licing called said Will and Testament of writing was provided in open court by the sacred oaths of James W. Mansfield and Mary V. Mansfield (now Mary V. Reese) the two subscribing witnesses thereto in due form of law wherefrom the same is ordered to be recorded in Testimony whereof and that I have recorded said will and this certificate in my office. I hereto set my hand this 15th day of May 1837. C. B. Dallam ______ [last word unreadable]

Children of James and Nancy Smart

In his 1836 will, James named his wife, Nancy, and their children as:

  • John S. Smart
  • Poly Reed Smart
  • Joseph R.[eed] Smart
  • Luanna (sp) [Smart] Patterson
  • Jane S. [Smart] Leroy
  • Nancy [Smart] Patterson
  • William M. C. Smart

Correction of Erroneous Information

Since others have failed to provide source documentation, it is assumed that James and Nancy Smart are NOT the parents of Hiram Joseph SMART, as reflected in most genealogies such as those at familysearch.com and ancestry.com. The original error, I believe, was made by Richard Eugene Smart in his book. He should be applauded for his efforts and not blamed for this mistake. However, those who think his book (or this website) represents a "source" are mistaken. See analysis.