Abraham Smith
From Minsink to
Vittoria
by R. Robert Mutrie
by R. Robert Mutrie
“That Your Petitioner is a native of the Province of New York in North America and having always been most Strongly attached to the Crown & Government of Great Britain Suffered much and lost by an act of Confiscation on account of his Loyalty a valuable Landed property in the said Province of New York Containing Eleven hundred & thirteen acres with a Saw Mill and other valuable Improvements thereon.
“That Your Petitioner in the time of the late American Rebellion was taken up and Confined in the American Provost Guard for three weeks thirteen days, of which time Your Petitioner was loaded with heavy Irons and at another time though before that last Mentioned, Your Petitioner was Imprisoned for the space of three Months part of which time your Petitioner was confined on board a Prison Ship in the North River.
“That the Charge Exhibited against your Petitioner and for which he Suffered as aforesaid, was Concealing and assisting Loyalists to proceed to Niagara.
“That Your Petitioner arrived in this Province in the year of our Lord one thousand seven hundred and eighty six, and brought with him a wife and Nine Children vizt Five Sons and four Daughters and since the arrival of your Petitioner in this Province, it has pleased Divine Providence to favour him with one Son and one Daughter more."
Abraham Smith
6 Feb 1797.[1]
The early life of the Norfolk County pioneers is always best told in their own words. The most descriptive documents extant are the late eighteenth century land petitions filed to the Executive Council of Upper Canada requesting a grant of farmland to develop. These required a statement of the prospect’s reasons and merit for making the request for land in this province. The petition of patriarch Abraham Smith quoted above is a genealogist’s dream with its account of his earlier colonial life and his service in the American Revolution. This formed a basis for finding more documents concerning this intriguing gentleman.
The story that follows will work back and forth between later and earlier documents to show the path taken by researchers in tracing the colonial life of Abraham Smith. They have my utmost respect. Finding a Smith can be like looking for a needle in a haystack, especially in a state as populous as was New York even in eighteenth century colonial times. Their major breakthrough came by way of documents relating Abraham Smith at his early Canadian residence in Fort Erie, Welland County, Upper Canada to Solomon Smith of Goshen, New York and then to the patriarch’s earlier residency in Minisink, New York.
Nestled in the southwest corner of Orange County, New York and very close to the New Jersey border is the small Town of Minisink. In New York State the Towns are similar to our historical Townships in Ontario—small geographical areas, rural in nature with small populations. During the time of Abraham Smith the Town of Minisink stretched out further than it does today. It ran as far north as Minisink Ford, south to the Delaware Water Gap and from the Pocono Mountains in the west to Kittatinny Ridge in the east. Further, during the time of the patriarch, the south part of this present day New York locale was actually in New Jersey giving rise to a confusing tradition among some nineteenth century descendants that their ancestor came from New York and others that he came from New Jersey. Communities and landmarks within present day Minisink include Johnson, Laurel Hill, Millsburg, Unionville, Waterloo Mills and Westtown.[2]
Abraham’s grandchildren made their patriarch the subject of interesting stories published by Norfolk historian E. A. Owen in Pioneer Sketches of Long Point Settlement. Some of these, and even the patriarch’s own documents create confusion about the state geography. Abraham Smith was born in New York about 1727 according to his statement in his land petition and this was probably deeper into New York than Minisink. He finally settled in Minisink in 1771, the year in which the Town was annexed from New Jersey.[3]
The vital dates of our Norfolk patriarch may be summarized as follows:
Abraham Smith, born in New York about 1727, died at Charlotteville Township, Norfolk County, Upper Canada on April 11, 1809 aged 82 years.[4] He married first Hannah Finn (daughter of William and Mary (Carpenter) Finn), died in New York in 1767.[5] Abraham married second Rachel Decker (daughter of Johannes Hendrick and Margaret (Gumaer) Decker), born at Deer Park, Town of Minisink, Orange County, New York or New Jersey about 1750, baptized at Montgomery, Orange County, New York on February 17, 1759, died at Charlotteville Township in 1831 aged 81 years.[6] Abraham and Rachel were buried in Vittoria Baptist Church Cemetery, Vittoria, Charlotteville Twp.
Some enterprising mid-twentieth century family researchers erroneously suggested that Abraham was a son of one Matthias Smith, a Palatine immigrant to America in 1709, but this was without documentation and based on erroneous research done.
A will with its included probate papers found by family historian Dr. Alan J. Clark proves that Abraham Smith was a nephew of Solomon Smith of Goshen, Orange County, New York. Unfortunately, the identity of the brother of Solomon as Abraham’s father has not yet been determined. The pivotal document placing Abraham as a nephew of Solomon was a Power of Attorney given by Abraham Smith in respect to his uncle’s lands at Goshen, Orange County, New York after Abraham crossed the Canadian border and moved to Fort Erie, Bertie Township, Welland County, Upper Canada.
This Power of Attorney specifically named “Abraham Smith of the Township [sic] of Fort Erie, Upper Canada,” his residency in this province prior to Norfolk. The power was given to Joshua Howell of Goshen, Orange County, New York in the presence of William Johnson. This mentioned Abraham Smith being bequeathed land in Goshen Precinct, Orange County, New York in the will of Solomon Smith. Abraham empowered his attorney to “to ask demand, sue for, recover or receive of and from Samuel Smith or John Smith, Executors of the said last will and Testament of the said Solomon Smith deceased, all such legacy so given and bequeathed to me the said Abraham Smith by the said Solomon Smith his will or aforesaid.”[7]
“Know all men by these presents; that Whereas Solomon Smith of the precinct of Goshen in the County of Orange and State of New York, by his last will and Testament, did, give and bequeath, to Abraham Smith of the Township of Fort Erie in the Province of Quebec, a part of his Real and Personal Estate; And Whereas the said Solomon Smith is since dead: Now know ye, that the said Abraham Smith: doth by these presents constitute authorise and impower Joshua Howell of the said precinct of Goshen, County of Orange and State of New York, to sell, grant or convey all such land or tenements, so given and bequeathed to me the said Abraham Smith, by the said Solomon Smith his will as aforesaid, in fee simple, for such price or sum of money, and to such person or persons, as he shall think convenient, and also for him the said Abraham Smith, and in his name to seal execute and Deliver, such deeds and conveyances, bargains and sales, for the absolute sale and disposal thereof, or of any part thereof, with such clauses, covenants or agreements therein to be contained, as he the said Joshua Howell shall think fit and expedient, hereby ratifying and confirming all such deeds, bargains sales and conveyances which shall at anytime hereafter be made seales executes and delivered by him the said Joshua Howell, toutching (sic) or concerning the premises And also I the said Abraham Smith have made ordained constituted and appointed, and by these presents do make ordain constitute and appoint, the said Joshua Howell my true and lawfull attorney for me and in my name, and for my use to ask demand, sue for, recover or receive of and from Samuel Smith or John Smith, Executors of the said last will and Testament of the said Solomon Smith deceased, all such legacy so given and bequeathed to me the said Abraham Smith by the said Solomon Smith his will or aforesaid; and upon receipt thereof to give such release and discharge for the same or shall be sufficient, And Attornies one or more under him for the purposes aforesaid to make and at his pleasure to revoke, Ratifying and allowing all and whatsoever my said Attorney shall lawfully do in the premises by virtue of these presents. In witness whereof the party to these presents hath hereunto set his hand and Seal, this tenth Day of October one thousand seven Hundred and Eighty eight---.
Sealed and Delivered Abraham Smith L.S. "
in the presence of----
Wm W. Thompson
Walter Bayles
Orange County Ss. Be it remembered that on this 18th Day of December in the year of our Lord One thousand seven hundred and eighty nine. Personally appeared before me William Thompson Esquire first Judge of the court of common pleas for the County of Orange aforesaid William W. Thompson one of the subscribing witnesses to the aforegoing power of Attorney and being by me duly sworn saith that he saw Abraham Smith therein mentioned execute the same by sealing and delivering the same as his voluntary act and deed for the uses and purposes therein mentioned and at the same time saw Walter Boyles the other witness subscribe his name as a witness thereto, and I having inspected the same and found no material Razures (sic) or intuberiations (sic) therein do therefore allow the same to be recorded.
(True record entered at the request of Abraham Smith) Thos. Moffat Esk. W.Thompson
(the 11th Day of February Anno Domini 1790----)
Power of Attorney to Joshua Howell of Goshen, Orange County, N. Y., dated 1788 and recorded in that county 1790 (L.D.S. film no. 0828547), p. 187
Abraham Smith was not specifically named in the will of his uncle Solomon. The testator left legacies to the children of his named brothers who were deceased without mentioning the names of the nephews. Abraham made himself known in the attached probate papers.
“In the Name of God, Amen, I Solomon Smith of Goshen in the County of Orange & province of New York being weak in body but of sound mind, & memory do make this my last Will & Testament first I recommend (sic) my soul to God, that gave it in all humble hopes of its future happiness and my body to buried in a Christian, like and, decent mannor (sic) into the discretion of my executors hereinafter mentioned, and as touching such, worldly substance wherewith it has been, pleased, God, to bless me in this world. I do give & dispose of the same in manner following first I do give unto my beloved, Wife all my houshold (sic), goods of all kinds, whatsoever for her use and service during her natural life or whilst she remains my Widow at either of which periods I do give the same to be divided, between, her sisters children, as follows to her sister Anne Wisnors decd. children one third, part thereof equally divided between them to her sister Ruth Oldfields decd. children on (sic) third eaqually(sic) divided between them and the remaining third between her sister Charity`s children in manner aforsd. I also give unto my sd. Wife the use of the one third, of the farm whereon I now live during her natural life or whilst she remains my Widow I do also order that if it should please God that Ruth Carpenter should die of her present sickness my executors shall take care of her part to be equally divided between her children when propper I do also give unto my sister Charity Thompson, twenty pounds I do also give unto the girl that now lives with me (Anne Rieve) twenty pounds to be paid unto her when of age or marriage I do also give all my wearing apparel to be equally divided between my Brothers Wait and Samuel and my cousons Amos, John, Jonathan,& William Smith and, all the remainder of my Estate in, lands & otherwise I do give the same unto my Brother`s sons Namely the sons of Wait, Oliver, William, Joshua, and Samuel Smith to be equally divided, between sd. children, their heirs & assigns for ever or so many of them as shall be living at my decease I do lastly make & ordain, my sd. brothers Samuel Smith & my couson, John Smith executors of this my last Will & Testament in witness whereof I have hereunto set my hand, and seal this twenty first day of June 1775.
Signed Sealed Pronounced & declared by the Testator as and for his last Will & Testament in presence of us Jeremiah Smith, Temporance (herX mark) Decker, Wm Dunn
Solomon Smith L.S.”
Orange County, N. Y. Wills, Liber A, p. 13
Prior to his 1771 settlement at Minisink, Abraham Smith’s life is still conjectural. Dr. Alan J. Clark provided an uncertain possibility based on the mention of one Elijah Smith, another name in the family of uncle Solomon Smith. He noted:
During the French-Indian War (1757-1863) one Abraham Smith served in the Third Regiment of the Westchester County Militia, raised north of Cortlandt Manor, New York.[8]
One Abraham and Elijah Smith were both seen in 1760 on the tax roll of South Precinct in Dutchess County, New York. In 1770 Elijah appeared without Abraham in Amenia and Southern Precinct.[9]
During these early years, Abraham married Hannah Finn, a daughter of William and Mary (Carpenter) Finn. The couple had an only daughter Abigail born on 27 March 1766 before Hannah died.
Next, Abraham married his second wife Rachel Decker, daughter of Johannes Hendrick and Margaret (Gumaer) Decker. She was born about 1750 according to her age at death recorded on the gravestone and baptized at Montgomery, Orange County on February 27, 1759. At the time of the marriage Rachel was thirty-two years younger than her husband. Their first child Isaac was born on April 19, 1770 and there would be eight more children.
We come onto more solid ground with the arrival at Minisink. In 1771 Abraham Smith, Charles Seely, and Jabez Cooley petitioned the colony of New York at Albany for a claim to land homesteaded in Lot 32 Minisink Patent, which had been recently annexed to New York from New Jersey after seventy years of border dispute.[10]
His daughter Mary Decker Smith was baptized on September 11, 1774 at the First Presbyterian Church of Goshen, Orange County, New York.[11]
According to his land petition, Abraham Smith built up a considerable estate near the Hudson River prior to the war, his property totalling 1113 acres. On this he established a sawmill. When the American Revolution broke out, the patriarch was a loyalist sympathiser resulting in his imprisonment twice for aiding other Loyalist families. Norfolk County historian L. H. Tasker wrote, probably erroneously, that Abraham Smith served in the New Jersey Volunteers. Abraham mentioned only that he supported the Loyalist forces. He would likely have done this from his home in New York State. There is no mention of military service in Smith's later land petitions and he would certainly have done so if that were in fact the case.
In his later land petition, Abraham stated his property was confiscated by the Americans and he and his family were exiled from the state of New York. The Smith family didn’t have far to go when they moved to Sussex County, New Jersey. Family researcher B.T. Holmes wrote of Abraham Smith’s exile order from New York without quoting his source. He stated the government ordered Smith transported with his portable property. A notable problem with the account is that the Hudson River does not divide Minisink and Sussex County, New Jersey:[12]
“[His property] which consisted of a big waggon, horses, valuables in packing cases and boxes and rapidly dwindling supply of cash across the Hudson River and depositing them (with advice of their arrival) on the shores of Revolutionary New Jersey. They were promptly advised by Revolutionary New Jersey that their stay there would have to be very brief, or it would confiscate all their portable possessions. The place where they were landed in Revolutionary New Jersey was New Brunswick.”
Pinpointing the date of the wartime relocation has two guidelines. Abraham’s son Jesse Smith’s 1850 Census record reported his birthplace as New Jersey and that was about 1780 so the move from New York would have ocurred prior to this time. Grandson Burdsey Smith said his father William Smith was born in New York and that would have been about 1779.
While in New Jersey, Abraham’s oldest daughter Abigail married John Gustin prior to the birth of their first child in New Jersey about 1783. John Gustin`s uncle Jeremiah Gustin married Bethany Fuller, daughter of the first Baptist minister of Wantage Baptist Church at Newton, Sussex County, New Jersey.
Elkanah and Naomi Fuller, “Abram” Smith and his wife Rachel Smith appeared on the Wantage church membership lists from 1783 to 1785 with Reverend James Finn the brother of Abraham`s first wife. Reverend James Fuller’s wife Hannah was also listed. John Gustin’s Uncle Benagey (sic: Benajah) and wife Ann and presumed widow Dethaney (sic Bethany) Gustin are also listed. Reverend James Finn became the second pastor of the church.[13]
There are two accounts of the Abraham Smith family trek to Canada following the New Jersey period. One is the well-known account written by Norfolk historian E. A. Owen in Pioneer Sketches of Long Point Settlement.[14] Based on descendant reminiscences more than 100 years after the event, Owen wrote that the Smith family were given an ultimatum to depart New Jersey within a few days, but remained past the deadline. Abraham's wife “concealed the patriarch in a box, and in this way got him out of the country.” The second, more detailed account recorded soon after Owen’s was by L. H. Tasker:[15]
“Promptly at the expiration of the allotted time, there appeared at the house a sergeant and a few troopers with a warrant for the arrest of the head of the family. But Mr. Smith had seen them coming and had time to conceal himself. His wife met the soldiers at the door and coolly told them that her husband had gone that morning to Summerville to make arrangements for transporting their goods to Canada, and she did not expect him back before the evening of the following day. She also volunteered the information that they were about ready to leave, and pointed to sundry large wooden boxes, in which they intended to transport the goods they were taking with them. “You and your family may go,” replied the sergeant, “but your husband will have to stay and stand his trial.” So they left, with the intention of returning the following evening for their man. During their absence preparations were hurriedly made, Mr. Smith was put into a large box, and with him some provisions and a couple of jars of milk. Then the box with its precious freight was duly lifted with a couple of others on to the first load, and one of the hired men drove the team straight for the northern boundaries of the state. They travelled all that night and part of the succeeding day as rapidly as possible. When they had crossed the borders of the state whose regulations Smith had violated, they proceeded more leisurely, though by no means without danger.”
There is usually a germ of truth in most family accounts and the above is priceless for all of the detail relayed by the descendants.
Both Tasker and Owen assumed that the Smith family's locale of New Brunswick referred to the Canadian province, however historian B. T. Holmes stated that this was the town of New Brunswick in New Jersey, about fifteen miles from Somerville, a location mentioned in the above account, and that the family made their trek to Upper Canada from that point. There is no evidence of residency in New Brunswick, Canada.
There exists a lot of conflicting evidence and lore as to the year in which the Smith family made the trek to this province. E. A. Owen mentioned the Abraham Smith family arrived at Fort Erie, Upper Canada in 1785 and that his son Abraham, Jr. was eight weeks old when the family arrived there. The December 1794 report of those settled or wishing to settle in the Long Point Settlement reports, “Says he has been in Country nine years.” Abraham Smith's 1795 land petition clearly stated the year 1786 for his arrival in this province “with a Wife and Ten Children.” Then his 1797 land petition, while also stating the year 1786, changes the number of children with him to nine- “Five Sons and four daughters” and goes on to state that another son and daughter were born afterwards. The gravestone of Abraham, Jr. states that he died on June 13, 1863, aged 76 years, 1 month, and 29 days, placing his birth in April 1787, but this age at death must then be erroneous. In the census records, his birthplace was the United States. With the 1797 land petition was a testimonial from Samuel Ryerse stating:[16]
“Abraham Smith personally came and appeared before me Samuel Ryerse and swore on the Holy Evangelist of Almighty God that he moved from the States to this province in 1786 and brought with him a wife, five sons and four daughters, name as follows: Isaac, Samuel, William, Jesse and Abraham- Abigail, Charity, Mary and Rachel.”
Since Abraham, Jr. is included in this list, it is possible that his gravestone is in error and that he was born a year earlier in 1786 when the family was en route to Upper Canada. The son born after the arrival in Upper Canada was likely Solomon, and the daughter Hannah.
Abraham, Sr. settled on a large government grant of over 400 acres in Lot 6 in the first three concessions of Bertie Township, Welland County, Upper Canada.[17] This farm fronted on Lake Erie and stretched back across the present Dominion Road to Nigh Road in the north, about two miles west of old Fort Erie. He left before the time the land registers were established in 1797.
Abraham’s family showed an early interest in the Long Point Settlement to the west, although not quite as early as E. A. Owen would have us believe. Abraham's son, William “Billy” Smith became legendary through the account of E. A. Owen which claimed him to be “the first white man that established a residence in Norfolk” in 1786. Apparently, Billy’s descendant family exaggerated somewhat in their account to Owen. Billy Smith was only seven years old in 1786! He, himself also had a reputation for tall tales, this too mentioned by Owen. The first documented record of the Smith family at Norfolk was one concerning Billy's older brother, Isaac Smith which placed him there about 1793.
In December 1794, Acting Surveyor General of Upper Canada, David W. Smith made out a report to the Executive Council of Upper Canada concerning those who were settled and those who wished to settle in the Long Point area and noted Abraham Smith’s interest.[18]
“Says he has been in the Country nine years, that he applied to His Excellency the Lieut Governor for leave to Settle near Long Point, who was pleased to say, if he was careful not to fix himself on any spot that might be fit for building works of defence or a Town, he might settle there.”
Abraham Smith settled in Charlotteville Township prior to June 16, 1795 according to his land petition of that date which stated he “has improved on Youngs Creek about six miles north of Turkey Point” and he requested a grant of his location. He chose for his homestead Lot 15 in the fifth concession of the township northwest of the present village of Vittoria. The creek flowed through the south part of the lot, making it a prime location for a mill.
Norfolk historian E. A. Owen in Pioneer Sketches of Long Point Settlement states an earlier arrival for the patriarch in 1793. However, the December 1799 Militia Rolls of the Charlotteville Company of Norfolk County Militia lists Abraham's sons as being in the county for four years.
In David W. Smith's Long Point Report of September 21, 1795, Abraham was:[19]
“To be secured in a lot to cover his Improvement up Young's Creek about six miles north from Turkey Point, & permission given to him to look out for a Mill seat & build thereon not interfering with that for Cap. Ryers, or any others previously promised... Also four lots near to Abraham Smith for his grown up Sons Jesse, Isaac, Samuel & William."
Abraham’s grant of Lots 14 and 15 in the fifth concession of Charlotteville Township was dated September 21, 1795,[20] the same day as the Surveyor General’s Office report. At various times, these lots were designated in the second, third and fourth concessions, but the final survey placed them in the fifth.
Owen wrote of the family’s travel from Fort Erie: “The family came up through the forest from Fort Erie, and the only sign of human habitation seen between the Niagara river and their place of destination, was a partially-roofed log hut which stood somewhere within the present limits of Simcoe.” This was apparently overlooking the several families who lived along the lake Erie shore at that time.
Smith stayed in close contact with the Surveyor General’s Office in his bid to secure his lots on Youngs Creek. He wrote a letter to David W. Smith dated June 5, 1796 stating:
“This is to inform you that the lot I have taking for my Mill Seat is N 16 in the third Concession in the first [sic: second] township which the governor gave me at Long Point.... the governor told me that I Should have my Choice [of] one mill Seat that is heare, by Capt Rorisons which he gave to said Rorison. Likewise my Self and Cornwall Ellis is to Direct a mill this Season.”
The early surveyors’ reports concerned themselves only with allocations along the Lake Erie shoreline and Abraham Smith's interest in an inland location left mentions of his choice quite vague. In the Surveyor's Report of June 20, 1796 he was mentioned for lot 16 in the second or third concession of Township Number 1, which should have read Number 2, Charlotteville. This document states concerning him:
“To be secured in a Lot to cover his improvements up Youngs Creek about 6 miles North from Turkey Point, and permission given him to look out for a Mill Seat and to build thereon not interfering with that intended for Cap'n Ryerse, or any others previously promised. Also 4 lots near to Abraham Smith for his grown up sons, Jesse, Isaac, Samuel and William.”
Abraham Smith filed a second land petition on February 6, 1797, the text of which is at the start of this biography. In this he detailed his support of the British cause in New York and the resulting imprisonment. This was followed by another petition on March 23rd that remained in the Surveyor General's Office and did not continue to the Executive Council.[21] This requested an additional grant of lot 20 in the seventh concession of Charlotteville for himself and additional lots in the township for his sons.
E. A. Owen wrote of Abraham Smith’s house raising:
“For awhile the family lived as the Indians lived, but as soon as circumstances permitted a substantial log-house was erected on the bank of the creek. Every settler within twenty miles was invited to this “house raisen;” and Mr. Smith, who took one of the “corners,” was the last survivor of the “corner men” at the “raisen.” Abraham Smith built the first frame barn in the township, which is still standing. He was a wheelwright by trade, and some years later he constructed a horse-power mill for crushing grain. One of the stones used in this mill was placed in a hearth in the old house built by his son Abraham. It was afterwards removed and placed in the bottom of a well.”
It is difficult to determine how much of what Norfolk historian E. A. wrote about this family was true but we trust may trust some of the grandchildren for their accounts. Abraham’s son “Billy Smith” was made bigger than life. However, it is expected that there would have been a grain of truth in the following paragraph.
“The family suffered great privation at first. It was hard work and very little to eat and wear. Land had to be cleared before the seed could be sown, and then the seed had to sprout, and the plant develop and ripen before returns were had. Heads of unripe grain were pulled off, crushed with the hands and eaten. Mrs. Smith baked bread for the sailors who passed up and down the lake. The flour was carried through the woods from the lakeshore to the Smith home, and the bread returned in the same manner. The exchange was made pound for pound; and inasmuch as a pound of flour with the added water, etc. made more than a pound of bread, a certain amount of "leavings" accrued to the benefit of the baker. The family brought two cows with them, and so precious was the milk that the children would eagerly lick up every drop when accidentally spilled upon the floor. There was plenty of game, it is true, but in 1793 firearms and ammunition were mighty scarce in Charlotteville. On one occasion the cows strayed away in the woods, and Isaac went in search of them. He took his bow and arrows with him and brought home a fine lot of game. This was the kind of guns and ammunition they had to kill their game with.”
There are additional colourful stories in Owen’s account similar to the above and these may have been spun during the time of Abraham’s children and grandchildren.
When the survey of the back concessions of Charlotteville Township was completed, Abraham Smith had the unpleasant experience of learning that his chosen location, Lot 15 had been designated a government reserve to be leased out for rent in support of the government of the province.
To Smith’s further dismay, several showed an interest in leasing his lot from the government. He moved to make his own application for a lease and obtained the grant on August 24, 1797, one of the earliest given for a Crown Reserve in the province,[22] and apparently overlooked afterwards. When the bidding for government reserve leases was formally opened in 1800, Titus Finch, James Munro and Daniel Millard all applied for Smith's location. Finch’s application was turned down on the basis that only those with grants on either side of the lot were given first choice. Dan Millard purchased Smith's rights but then withdrew.
Smith's attempts to obtain title to the lot dragged on for two years into the new century. In 1801, Smith sent to the Surveyor General a justification of his settlement with a supporting certificate from Titus Finch:[23]
“certifies that the lot to be secured for Mr. Abraham Smith, Millright, to cover his improvement up Young's Creek about 6 miles north from Turkey Point, is lot 15 concession 5 Charlotteville, the lot he has taken up for the mill seat permitted him is No. 14 adjoining, the lots 20 in the seventh concession and 1 in the first concession are two lots he wishes to give up.”
Smith obtained additional support from Norfolk County Registrar Thomas Welch who wrote on June 10, 1801 that Abraham had improved between thirty and forty acres of lot 15 before the township was surveyed and that Abraham informed him that “when Governor Simcoe was at Turkey Point, he promised Mr. Smith, that if he A.S. should have improved on a Reserved Lot, the Reserve should be removed or A Smith paid for his improvement.”[24]
On March 16, 1802, he filed his third land petition requesting that this reserve either be granted or leased to him:[25]
“Petitioner by leave of Governor Simcoe settled at Charlotteville before that township was surveyed & afterwards at Charlotteville Lieutenant Governor Simcoe promised your Petitioner that if his improvement should be found (on actual survey of the Township) to be on a Reserved lot, your Petitioner should not lose his labour.... upwards of 30 acres of land improved & cultivated by your Petitioner together with other improvements.... was found on actual survey to be on lot 15 concession 4, Charlotteville.”
Smith requested a lease of his lot, or at least a payment from the person to whom the lease was granted, but the problem dragged on. Smith filed two further petitions for a lease on the lot and received the response that the lease was granted to James Munro. Then Munro withdrew his request and Smith was finally allowed the location as an outright Crown Grant on the grounds that he “has considerable improvement on the lot before the survey.”[26]
On May 17, 1802, Smith registered his grant of Lots 14 and 15, Concession 5, Charlotteville Twp. On 28 Dec 1803, he sold 3-8/10 acres to James Monro. On the same date Abraham sold to his son Solomon Smith 96 acres in Lot 14 Concession 5. In the 1808 Assessment, Abraham's property was valued between £100 and £199 and he was taxed 8 days of road work. In the 1809 Assessment he had 438 acres uncultivated and 58 acres cultivated, a house of round logs, 2 horses, 4 oxen, 3 milch cows, 1 horned cow, and 3 swine all valued at £150.6.0.[27]
The will of Abraham Smith dated at Charlotteville Twp. on 24 Feb 1809 named his wife Rachel, daughter Hannah, and sons William and Abraham Smith. His other children were long settled on land of their own and Abraham apparently felt no need to include them in his legacy.[28]
On December 11, 1809, Rachel Smith filed a petition noting she was the widow of Abraham Smith. Her late husband before the township was surveyed made improvements at great expense on Lot 15 Concession 4. After the survey, the lot was made a reserve. Abraham petitioned for a lease and bequeathed his widow his claim. She requested and was recommended for the lease, her documents dated 12 Feb 1811 and 14 Feb 1811.[29]
Rachel Smith outlived her husband by 22 years. Nothing is known of her widowhood and presumably she lived with her children in Charlotteville Township.
[1] Upper Canada Land Petition “S” Bundle Miscellaneous 1797-1804, Doc. No. 9
[2] Wikipedia, online description of the Town of Minisink
[3] Border War with New York in Jacob L. Bunnel, ed. Sussex Sesqui-Centennial of 9/2/1903, p. 38-41
[4] Gravestones in Vittoria Baptist Church Cemetery, Vittoria, Charlotteville Twp. and date given in attachments to the will of Abraham Smith in the London District Surrogate Registry, Doc. No. 23
[5] Charles C. Coleman, Early Records of the Presbyterian Church at Goshen, N. Y. 1767-1885, (Heritage Books, Inc., 1989), Deaths, p. 461
[6] Gravestones in Vittoria Baptist Church Cemetery, Vittoria, Charlotteville Twp.
[7] Power of Attorney to Joshua Howell of Goshen, Orange County, N. Y., dated 1788 and recorded in that county 1790 (L.D.S. film no. 0828547), p. 187
[8] Documents Relative to the Colonial History of the State of New York, Vol. IV; 5. B. T. Holmes
[9] Information from family historian B. T. Holmes
[10] Indorsed Land Papers, New York Secretary of State in Calendar of N. Y. Colonial Manuscripts, 1643-1803, (Harrison, N.Y.: Harbor Hill Books, 1987), Land Papers, p. 528 dated 1771; Indorsed Land Papers, New York Secretary of State: Calendar of N. Y. Colonial Manuscripts, 1643-1803, (Harrison, N.Y.: Harbor Hill Books, 1987), Land Papers, p. 528 dated 1771
[11] Charles C. Coleman, Early Records of the Presbyterian Church at Goshen, N. Y. 1767-1885, (Heritage Books, Inc., 1989), p. 461
[12] Information from family historian B. T. Holmes
[13] George F. Love, James Bristow, Walter E. Reynolds, Brief Historical Sketch of the First Baptist Church of Sussex ( Wantage, Newtown), N.J.,1756-1931
[14] “Boxed Up By His Wife- Abraham Smith.” in E. A. Owen, Pioneer Sketches of Long Point Settlement, William Briggs Publishing (Toronto, ON: 1898), p. 43
[15] L. H. Tasker, “The United Empire Loyalist Settlement at Long Point, Lake Erie” in Ontario Historical Society, Papers and Records, Vol. 2 (Toronto: William Briggs, 1900. p. 75
[16] Upper Canada Land Petition “S” Bundle Miscellaneous 1797-1804, Doc. No. 9
[17] An early undated map of Bertie Township drawn by Surveyor General David W. Smith drawn perhaps about 1793
[18] The 1794 Report of Acting Surveyor General David W. Smith 23 Dec 1794 in “Surveyor General’s Letter Books”, Book 2, p. 615-622; OA MS 627, Reel 1
[19] Report of Acting Surveyor General David W. Smith 21 Sep 1795 in “Surveyor General’s Letter Books”, Book 3, p. 1000-1009; OA MS 627, Reel 1
[20] Charlotteville Township Papers, OA RG 1, CI-V, MS 658, Reel 074, Doc. 809, 601, 212, 909, 715, 807, 704
[21] Upper Canada Land Petition “S” Bundle Miscellaneous 1797-1804, Doc. No. 9; 3. Documents Relative to the Colonial History of the State of New York, Vol. IV
[22] Charlotteville Township Papers, OA RG 1, CI-V, MS 658, Reel 074, Doc. 809, 601, 212, 909, 715, 807, 704
[23] Ibid
[25] Upper Canada Land Petition “S” Buncle No. 6, Doc. No. 46; 15. Upper Canada Land Petition “S” Bundle Leases 1797-1809, Doc. No. 18
[26] Upper Canada Land Petition “S” Bundle Leases 1797-1809, Doc. No. 18; 16
[27] The Abstracts of Deeds Register of Charlotteville Twp., Vol. A, 1800-1947 Ontario Archives GS 2554
[28] London District Surrogate Registry, Doc. No. 23
[29] Upper Canada Land Petition “S” Bundle Leases 1806-19, Doc. No. 113