TYPE Get Certificate to
DATE 27 AUG 1808
PLAC Clinton County, Ohio, Center MM.
Bellarts, James E., "Quaker Yeomen" A Geneolgy of CLAYTON, REYNOLDS, BEALS, BROWN, and Descended and Related Lines (Private. On file Library of Congress, Washington, DC. 1973.)
Bellarts, James E., "Quaker Yeomen" A Geneolgy of CLAYTON, REYNOLDS, BEALS, BROWN, and Descended and Related Lines (Private. On file Library of Congress, Washington, DC. 1973.)
Bellarts, James E., "Quaker Yeomen" A Geneolgy of CLAYTON, REYNOLDS, BEALS, BROWN, and Descended and Related Lines (Private. On file Library of Congress, Washington, DC. 1973.)
TYPE Get Certifcate to
DATE 24 DEC 1818
PLAC Wayne County, Indiana, New Garden MM.
Chancery Court Papers: GRANTHAM, Trustee vs. Hardesty Heirs: 1848 - 1854
Jefferson Co., WVA Law Suit of Genealogical Importance, SMITH Family, HARDESTY Branch
Found in SMITHS of SMITHFIELD, JEFFERSON CO., Virginia, More of the Story by Jodie Depke and Herb Depke, 1995The Commonewealth of Virginia, [Note: this is prior to the formation of West Virginia in 1863]
Circuit Superior Court of Law and Chancery
In Chancery
James GRANTHAM, Trustee vs. HARDESTY'S HeirsThese documents prove Sarah SMITH, daughter of John SMITH of [then] Berkeley County VA. Now Jefferson Co., WV), married Richard HARDESTY and define their children and grand children. John SMITH was founder of SMITHFIELD,now Middleway, WV. The documents are from a law suit which began in 1848 and was not concluded until 1854. These documents were copied from a bundle of papers found in the attic of the Jefferson County County Court House, Charles Town, WV.
Opinion - what is the law suit about:
This is a very preliminary opinion, but reading over these documents, a mood for the cause seems to be established. Realize that when this suit began, three generations were involved in a land legacy situation:
[1] Sarah SMITH Hardesty and Richard, her husband
[2] Their children and
[3] Their grandchildren.
It appears that this is a "friendly" suit. It probably resulted from on eor moare situations where the cart wsa about to get before the horse [land sales were being consumated seemingly before proper settlement]. By the time this court action was initiated, a complex situation was at ahnd regardign property rights descending from deceased family members. "Going to court" was probably the only way these people were ever going to get it resolved. Especially since the fmaily was now spread out from Louisiana to Inidana. Though the suit may have had the prupose of protecting the specific plaintiffs named, it may well have just been "the only thing to do". The suit and it's summonses really appear to be a call to all interested parties that it was now time to formally and legally settle these matters. The summonses appear to say, "make your claims now, or forever hold your peace."
It is believed this is new genealogical information. Bates, in "The Story of SMITHFIELD ..."does not mention a Hardesty Branch. [Page 4, "13A. Sarah SMITH, not traced beyond her father's will."]This research paper contains:
A. Abstract of the law suit
B. List of the documents contained in the court packet
[Each section begins on a new page.]
FURTHER WORK NEEDED:
1. Map out the information from all papers
2. Make a HARDESTY genealogy from this information
3. Search for and collect other court records
4. Seek wills and/or records for HARDESTY of this periodCGVH1848.DOC SMITH RESEARCH NOTES
CHANCERY COURT PAPERS: GRANTHAM, Trustee vs Hardesty Heirs, 1848-1854
Jefferson Co., WVA. Abstract of the law suit. This is a very Preliminary Abstract:
The commonwealth of Virginia, [Note: this is prior to the formation of West Virginia, 1863]
For research puposes, the documents were numbered alphabetically in the order found. Document inventory: 41 items (Count of separate documents, not pages, including the cover)
Approximate time span of suit: February 1848 - Octover 1854
First Document: A Summons, 22 February 1848
Final Decision: October Court 1854Persons involved: Several documents myst be read
Doucment A Summons, 22 Feb 1848: See Document marked A-1,2
Defendants, Isaac Hardesty, Ann R. His wife; Franklin HARDESTY and Ophelia his wife; Lee HARDESTY and Elizabeth, his wife; Patsy A. HARDESTY, Widow of George HARDESTY decd.; Franklin S. HARDESTY; Jene [?] L., William L., Richard, Sarah E. and Martha A. HARDESTY; Eliza HARDESTY widow of Rees HARDESTY decd.; James p. Suce [?] and Mary Jane his wife; Sarah Ann, Nancy Duboise; Josephine & Rees HARDESTY; and Leanard WILLAIMSON.
[Plaintiffs] James GRANTHAM, Fuaedian and next friend of Nancy DUBOIS, Dauphine and Rees HARDESTY, infant children of Rees HARDESTY dcsd.
NOTE: Thus it seems that Rees HARDESTY decd. was son of Sarah SMITH HARDESTY, and the infants mentioned were her grandchildren.[Document R] Proof of publishig the case, 9 Sep 1848 (copy of newpaper notice): See document marked R-1,2 See this document for clearer reading.
(Document B) SUMMONS, 4 Nov 1848: [See document marked B-1,2]
This is a summons based on the "modified bill." It names the above and others. Evidently, more names became available after the initial filing.(Document G) Report from N. W. WHITE, Mayor of Charlesoen, [sic] to J. R. Douglas, Judge spelling out the details of the paople and hteir relationships. [See doucment marked G-1,2,3,4
The property, subject of the suit:
[Document D] Proof of publishing the property sale: [See document marked D-1,2] A tract of land was sold by Special Commissioner N. W. White, Esqr. for $28.25 per acre 29 July 1848: from a newspaper advertisement.
"a TRACT OF ABOUT 150 ACRES of LAND,
Situated in Jefferson county, belonging to the heirs of Richard HARDESTY, by his first wife, situate 2 or 3 miles Norht West of Thompson's Depot, and aobut 3 miles of Smithfield, joining the lands of James Griggs, David Fry, Leonard Williamson and others...
The improvements consist in part of a comfortable DWELLING HOUSE, part of stone, several good out buildings, and a well ... Abot 150 fruit trees ... N. S. White, Com'r. June 22, 1848.CGVH1848.DOC Chancery Court Papers: GRANTHAM, Trustee vs HARDESTY Heirs; 1848-1854 Jefferson County, WV
B. List of the documents contained in the court packet.
The doucments are presented in the order in which they were found in the court house bundle. Many documents were not dated. It is hooped they were bundled in Chronological order. If this is not the case, the documents shoudl be re-ordered by date. In order to maintain the exact order in which the documents were found, they were numbered in alphabetical order by documents followed by page numbers for that document. For example, A-1/2 means: Document A, page 1 of 2 pages.
Total pages = 118Cover document, 1 page, dated Oct 1854, Defines the law case, shows judge and final decision date.
A) 1 pg, dtd 22 Feb 1848, Summons; defines the Plaintiffs and Defendants
B) 2 Pgs, Summons; ditto, to answer an ammended bill
C) 2 pgs, Final Decree: N. S. White
D) 2 pgs, Proof of publishing for Land Sale; report of sale
E) 1 pg, dtd 12 Aug 1848, Letter from James HARDESTY
F) 1 pg, dtd 20 May 1848, Proof of publishing Order of Court
G) 4 pgs, dtd 15 May 1848, To Court from White; Family HISOTRY re this case
H) 4 pgs, Answer from Isaac HARDESTY and Wife
I) 2 pgs
K) 2 pgs, dtd Oct, 1848, Court Order
L) 2 pgs
M) 4 pgs, Decree
N) 3 pgs, Copy of deed 17 Aug 1852, Addison SMITH & w to F. S. HARDESTY
O) 2 pgs, dtd 20 Oct 1852, Court order
P) 3 pgs, Answer of Samuel Stone, Guardian
Q) 2 pgs dtd May, 1848 Court Motion
R) 2 pgs, dtd 9 Sept 1848 Proof of Publishign Court Order
S) 1 pg, dtd 27 ct 1848, Payment
T) 2 pgs, dtd 1 Nov 1847 Instruments: James P. Luse (Suse) & wife
U) 2 pgs, Answer of Robert T. Brown, Guardian
V) 4 pgs, Copy of Deed 25 Aug 1847; Brown, Com'r. to L. Wiliams
W) 4 pgs, Copy of Deed 25 Aug 1846; Pierce to HARDESTY (Middletown)
X) 3 pgs, Answer of Leonard Williamson
Y) 2 pgs, dtd 8 Mar 1848
Z) 4 pgs, dtd 1849 Ammended Bill
AA) 4 pgs
BB) 2 pgs
CC) 2 pgs
DD) 2 pgs Answer of William G. HARDESTY etc.
EE) 2 pgs Anwser of Sarah Ann HARDESTY
FF) 2 pgs Answer of Thomas P. HARDESTY
GG) 2 pgs dtd 7 Apr 1848 HARDESTY; Indiana
HH) 2 pgs dtd 2 Mar 1848 HARDESTY; Louisiana
II) 4 pgs dtd 20 Oct 1854
JJ) 8 pgs dtd 9 Sep 1848 Chancery Order "a Copy"
KK) 3 pgs dtd 29 Jul 1848 Report of Com'r. White
LL) 4 pgs Poceedings in Chancery
MM) 2 pgs dtd 28 Set 185 Commisioners report
ZZ) 14 pgs A copy of John Smith's will.