Caswell County Genealogy
 

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Smith, Elizabeth Adaline

Female 1829 - 1912  (83 years)


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  • Name Smith, Elizabeth Adaline  [1, 2
    Birth 22 Aug 1829  Asheville, Buncombe County, North Carolina Find all individuals with events at this location  [2
    Gender Female 
    Reference Number 1329 
    Death 1 Nov 1912  Buncombe County, North Carolina Find all individuals with events at this location  [2
    Burial Riverside Cemetery, Asheville, Buncombe County, North Carolina Find all individuals with events at this location 
    Person ID I1317  Caswell County
    Last Modified 11 Mar 2024 

    Father Smith, James McConnell,   b. 14 Jun 1787, Asheville, Buncombe County, North Carolina Find all individuals with events at this locationd. 18 May 1856, Asheville, Buncombe County, North Carolina Find all individuals with events at this location (Age 68 years) 
    Relationship natural 
    Mother Patton, Mary,   b. 7 Jan 1794, Asheville, Buncombe County, North Carolina Find all individuals with events at this locationd. 11 Dec 1853, Asheville, Buncombe County, North Carolina Find all individuals with events at this location (Age 59 years) 
    Relationship natural 
    Marriage 28 Jun 1814  Asheville, Buncombe County, North Carolina Find all individuals with events at this location 
    Reference Number 2237 
    Notes 
    • Note that Dorothy Pickett shows the marriage date as 8 June 1814 as does The Smith-McDowell House: A History, Richard W. Iobst (1977) (Western North Carolina Historical Association Republication) at 6.

      U.S. and International Marriage Records, 1560-1900
      Name: James McConnell Smith
      Gender: Male
      Birth Year: 1787
      Spouse Name: Mary Patton
      Spouse Birth Year: 1793 (apparently incorrect)
      Number Pages: 1
    Family ID F272  Group Sheet  |  Family Chart

    Family 1 Gudger, Joseph Henry,   b. 18 Feb 1826   d. 13 Oct 1859, Asheville, Buncombe County, North Carolina Find all individuals with events at this location (Age 33 years) 
    Marriage 18 Sep 1850  Buncombe County, North Carolina Find all individuals with events at this location  [3
    Reference Number 24916 
    Children 
    +1. Gudger, John Henry,   b. 21 Aug 1851, Asheville, Buncombe County, North Carolina Find all individuals with events at this locationd. 4 Nov 1911, Navasota, Grimes County, Texas Find all individuals with events at this location (Age 60 years)  [Father: natural]  [Mother: natural]
    +2. Gudger, Polly Virginia,   b. 15 Feb 1853, Asheville, Buncombe County, North Carolina Find all individuals with events at this locationd. 1887, Asheville, Buncombe County, North Carolina Find all individuals with events at this location (Age 33 years)  [Father: natural]  [Mother: natural]
     3. Gudger, Jane Cordelia,   b. 1855, Buncombe County, North Carolina Find all individuals with events at this locationd. 1861, Buncombe County, North Carolina Find all individuals with events at this location (Age 6 years)  [Father: natural]  [Mother: natural]
    +4. Gudger, Tallulah Ripley,   b. 23 Oct 1857, Asheville, Buncombe County, North Carolina Find all individuals with events at this locationd. 11 Feb 1944, Webster Groves, St. Louis County, Missouri Find all individuals with events at this location (Age 86 years)  [Father: natural]  [Mother: natural]
    Family ID F757  Group Sheet  |  Family Chart
    Last Modified 11 Mar 2024 

    Family 2 Smith, Winslow Williamson,   b. 1827, Buncombe County, North Carolina Find all individuals with events at this locationd. 1876 (Age 49 years) 
    Marriage 2 Dec 1860 
    Reference Number 24924 
    Family ID F758  Group Sheet  |  Family Chart
    Last Modified 11 Mar 2024 

  • Event Map
    Link to Google MapsBirth - 22 Aug 1829 - Asheville, Buncombe County, North Carolina Link to Google Earth
    Link to Google MapsMarriage - 18 Sep 1850 - Buncombe County, North Carolina Link to Google Earth
    Link to Google MapsDeath - 1 Nov 1912 - Buncombe County, North Carolina Link to Google Earth
    Link to Google MapsBurial - - Riverside Cemetery, Asheville, Buncombe County, North Carolina Link to Google Earth
     = Link to Google Earth 
    Pin Legend  : Address       : Location       : City/Town       : County/Shire       : State/Province       : Country       : Not Set

  • Notes 
    • Elizabeth Adaline Smith (1829-1912)

      Elizabeth Adaline Smith (1829-1912)

      Elizabeth Adaline Smith (1829-1912)

      Elizabeth Adaline Smith (1829-1912)

      (for larger image, click on photograph)
      _______________

      In the will of her father she is referred to as Elizabeth Lucinda Adeline and as Elizabeth Lucinda Smith.

      Her parents apparently did not approve of the marriage to Joseph Henry Gudger:

      "When Gudger married his daughter, Elizabeth, on September 18, 1850, [James McConnell] Smith was 'quite insulted,' although he was not as angry as his wife. Unfortunately, Gudger and Elizabeth had eloped. As one observer note, 'he never asked for her.'" Source: The Smith-McDowell House: A History, Dr. Richard W. Iobst (1998) at 16.

      So, after Joseph Henry Gudger she married her first cousin, Winslow Williamson Smith.

      At the time of the 1900 and 1910 US Federal Census, she was in the Asheville household of her son-in-law Claudius Harvey Miller, husband of Tallulah Ripley (Lulu) Gudger Miller. Earlier, Elizabeth Adaline Smith Gudger had conveyed to Claudius H. Miller the life estate in certain valuable downtown Asheville real estate devised to her in the final codicil of her father's will. Why she did this is not known, but the conveyance and subsequent actions precipitated many years of litigation concerning the Asheville real estate. Elizabeth Adeline Smith Gudger died in 1912, and the Claudius Harvey Miller family with whom she had been living moved to Missouri. He and his wife died in Webster Groves, St. Louis County, Missouri.
      _______________

      To my daughter, Elizabeth Lucinda Adeline, I give and bequeath to her and her heirs forever the tract of land at the south end of Asheville, including the meadow below J. W. Patton's and adjoining Joshua Robert's land, containing twenty nine acres, and the tanyard lot, including Tannery, containing thirty acres, both (I believe) conveyed to me by Col. John Patton, also one undivided half of the tract of land in the bend of French Broad River joining lands of Col. Alexander and others and between the B. T. P. road and river near Davis', also I give and bequeath to her the following negroes, viz. Jeff and his wife, Mary, and her child Samuel, also Martha, and their increase forever, also five hundred dollars worth of furniture, of which two beds worth fifty dollars must be furnished out of those on hand in my house, and the balance furnished by my executors of my estate, unless I furnish her in my life time, also a horse, bridle and a saddle worth one hundred dollars, and two cows and calves worth twenty dollars, all of which I estimate at four thousand and three hundred dollars.

      However, this part of the will was modified by the following codicil, which resulted in extensive litigation. Note that by giving a life estate to his daughter, with the remainder to her children, the testator deprived his son-in-law, Joseph Henry Gudger, of any rights in the devised property.

      Codicil III to The Last Will and Testament of James M. Smith

      Secondly, in lieu of the piece of land in said will devised to my daughter Elizabeth A. Gudger south of Asheville on the east of the plank road which the said Elizabeth A. Gudger the house and lots in which I live including the tavern and outbuildings contiguous on the east side of the Main street beginning on the street and J. B. Whiteside's comer south of the tavern house, and running with the Main street including five front half-acre lots passing below the fence north of the well and running with the lower or north line of the lower or fifth lot eastward by the east corner thereof and the same course to the street near Ephraim Clayton's and south with that street and the sout line of my lot to the beginning, including the orchard, but as this is of greater value than the land sold, I charge it with two thousand dollars to be deducted from the portion that she is to get out of the residue of my estate but this and all other property real and personal given, devised or bequeathed to my said daughter Elizabeth A. Gudger to her sold and separate use and benefit for and during her natural life with remainder to such children as she my leave her surviving and those representing the interests any that my die leaving children .

      Source: Will of James McConnell Smith (Asheville, North Carolina, 9 February 1850).
      _______________

      "Johnston Estate is Given to Smith Heirs: Superior Court Verdict for Mrs. Miller and Others -- Construction of Ante-Bellum Will Recalls Interesting Facts of Asheville's Early History"

      By virtue of the fact that the jury answered all issues in favor of the plaintiffs in Superior court yesterday morning in the case of Lula R. Miller and others against Robert P. Johnston and others, property located on Broadway, Spruce and Walnut streets valued at $100,000 is awarded to Lulu R. Miller, Jacob F. Weaver and the heirs of Henry Gudger. The plaintiffs in the foregoing suit are the heirs of Mrs. Elizabeth A. Smith, daughter of James M. Smith, the construction of whose will made in 1856, was one of the chief points at issue in the case. In the course of the trial of the case, which was hotly contested by counsel on both sides and took up more than two days of the court's time, much interesting data relating to distinguished citizens of Asheville before and after the Civil war was unearthed.

      The property which is now the site of many of the most valuable and important businesses in the city, in 1856, the date of Mr. Smith's will, was entirely given over to the use of the Buck hotel, one of the most noted of the ante-bellum taverns and frequented as a resort by the famous and distinguished men of the Civil war period.

      As the will was made before the war and the testator willed slaves to his children, the reading thereof awakened many interesting memories in the minds of the older men in the court room.

      It was the contention of the plaintiffs that this famous property was __________ Elizabeth A. Smith, the daughter of James M. Smith, the jury so held.

      The Johnstons came into possession of the property under the provisions of a deed made by E Sluder, who had come into the possession of it in 1860.

      It is an interesting fact that one of the corners called for in the Smith will was the old law office of Senator Zebulon Vance. One of the deeds in the chain proving title in the property was executed by Henry Grady, grandfather of Henry W. Grady, the famous orator. One of the executors named in the will was David L. Swaim, at one time governor of the state and for thirty years president of the university, while a witness to the instrument was Nicholas W. Woodfin, one of the most prominent lawyers of his day in Western Carolina.

      The property now has located on it the residence of Mark W. Brown, which faces Spruce street; the Annandale creamery, the large boarding house formerly used by the Elks as a temporary home and the building occupied by the Shaw Motor company.

      The plaintiffs in the foregoing case were represented by Jones and Williams, while Mark W. Brown, W. R. Whitson and J. Sneed Adams appeared for the defendants.

      Another case disposed of was that of W. J. Sullivan against the Carolina Feed company for the possession of an automobile. The case was compromised and a consent judgment was entered.

      When the afternoon session of court adjourned, the case of Arthur Fowler against the Asheville Power and Light company was being tried. In this case the plaintiff seeks to recover from the defendant company the sum of $2,000, alleged to have been sustained when the plaintiff's buggy was struck by a car operated by the defendant company. The plaintiff is represented by R. S. McCall and O. K. Bennett, while the firm of Martin, Rollins and Wright appears for the defendant.

      Source: The Asheville Citizen (Asheville, North Carolina), Friday, 29 October 1915.
      _______________

      First White Native's Daughter Died Today: Mrs. Elizabeth A. Smith Also Said to Be Oldest White Woman Native of Asheville.

      Mrs. Elizabeth A. Smith, one of the most respected women of the city and a member of one of the city's first pioneer families, died this morning at the home of her daughter, Mrs. Claudius H. Miller on Spruce street. She had been ill for some time and it was realized several days ago that she would not recover as she was over 83 years of age. She was said to have been the oldest white woman in Asheville who was born here.

      Mrs. Elizabeth Adeline Smith was born August 22, 1829. She was the daughter of James M. Smith, the first male white child born west of the Blue Ridge in North Carolina. Her grandfather was among the first, if not the first pioneer, that settled in what became Asheville. The family was identified with the growth of the city, and is connected with practically all of the leading families of the county, the McDowells, the Pattons, Robertses and Davidsons.

      Mrs. Smith had been married twice and sirvived both husbands. Her first marriage was to John H. Gudger and the second to Winslow W. Smith. There were no children by the last union. There were four, three daughters and one son, born to the former. These were Mrs. Polly V. Stepp, J. H. Gudger, Mrs. Lula R. Miller and Jennie Gudger, who died before marriage. All of the children are now dead with the exception of Mrs. Lula H. Miller, wife of Dr. Claudius H. Miller of Spruce street. J. H. Gudger went to Texas 40 years ago and died there several years later, leaving five children.

      Mrs. Smith's first husband was a Mexican war veteran, having served through the entire war. He died soon after he returned home. It was several years later that Mrs. Smith was married to Winslow W. Smith, whose name was the same as her maiden name. He has been dead many years and Mrs. Smith has lived with her daughter since the latter's marriage to Dr. Miller.

      Mrs. Stepp was survived by two daughters, Miss Lula and Mrs. Jacob Weaver, both of this city.

      Mrs. Smith's father was one of the largest land owners in the city. He owned the old Buck Hotel, razed several years ago, and the site of the Langren hotel; in fact, the whole block on which is the Langren hotel and the block on College street where the old stable has just been torn down, also a large tract on Southside avenue and much other property. This property was entailed, after a manner, that is, it could not be sold for a long term of years, and during the greater part of that term multiplied many times in value.

      Some years ago an order of court was obtained by which the property might be sold for reinvestment, since the greater part of it was not producing any revenue. Much of it was sold and the estate began the erection of what is now the Langren with the proceeds. There was not enough money to complete it, however, and it too, had to be sold. The court refused to confirm the sale of several of the lots, and these now belong to the estate.

      The funeral will be held at the residence tomorrow afternoon at 3:30 and the interment will be at Riverside cemetery. The services will be conducted by Dr. C. W. Byrd and Dr. R. F. Campbell. The following are the pall bearers, one of which will be alternate: J. E. Rankin, F. M. Miller, E. E. McDowell, M. H. Fletcher, Mark Brown, George Williamson, F. S. Sondley.

      Source: Asheville Gazette-News (Asheville, North Carolina), 1 November 1912, Friday, Page 5.
      _______________

      Store House To Rent

      The subscriber wishes to rent, or lease for a term of years, the large and well-situated STORE HOUSE now occupied by Smith and McDowell, on main street opposite J. H. Gudger's Hotel. Application can be made to the undersigned, or in his absence, to W. W. McDowell or J. H. Gudger.

      Jesse S. Smith
      Asheville, Aug. 28 1856

      Source: Asheville News (Asheville, North Carolina), 16 October 1856, Thursday, Page 1.
      _______________

      1. Jesse Siler Smith (1821-1870) is the eldest son of James McConnell Smith (1787-1856) and Mary Patton (1794-1853).

      2. William Wallace McDowell (1823-1893) is a brother-in-law of Jesse Siler Smith, having married Sarah Lucinda Smith (1826-1905) in 1846.

      3. Joseph Henry Gudger (1926-1859) is a brother-in-law of Jesse Siler Smith, having married Elizabeth Adaline Smith (1829-1912) in 1850. When his father-in-law, James McConnell Smith, died in 1856, Joseph Henry Gudger purchased the Buck Hotel in Asheville (also called the Smith Hotel). Gudger acquired the hotel furniture from Smith's estate for $595.29. It was renamed Gudger's Hotel.
      _______________

      U.S., Sons of the American Revolution Membership Applications, 1889-1970
      Name: Elizabeth A Smith
      SAR Membership: 78953
      Birth Date: 22 Aug 1829
      Death Date: 1 Nov 1912
      Father: James M Smith
      Mother: Polly Patton
      Spouse: Joseph H Gudger
      Children: John Henry Gudger

      1870 United States Federal Census (Asheville, Buncombe County, North Carolina

      Winslow Williamson Smith 1870 Census

      (for larger image, click on photograph)
      _______________

      Miller Ex Parte, 90 N.C. 625 (1884)

      By a codicil to his will made in the month of February, 1856, and proved in the county court of Buncombe at July term of the same year, James M. Smith devises certain lots, describing them, in the town of Asheville to his daughter Elizabeth A., wife of J. H. Gudger, "to her sole and separate use and benefit for and during her natural life, with remainder to such children as she may leave her surviving, and those representing the interest of any that may die leaving children."

      The offspring of this marriage are the petitioners, L. [T.] R., intermarried with C. H. Miller, senior, Polly V., intermarried with J. W. Stepp, and J. H. Gudger; and the other petitioners are the infant children of the others mentioned. Their father died in 1859, and the said Elizabeth afterwards married one Winslow Smith, who also died in 1872 without issue, and she has conveyed her life estate in the premises to the said C. H. Miller, senior.

      The object of this suit commenced before the clerk of the superior court is for partition and sale of the premises, the petitioner, owning the estate for the life of the devisee Elizabeth A., now of the age of fifty-five years, assenting to the proposed sale for division and expressing his willingness to accept from the proceeds a sum in solido measuring the value of his precedent estate in money, and to allow the residue to be apportioned and secured to those entitled in remainder according to their respective shares and interests. The clerk declined to entertain the petition and grant its prayer, and his ruling being affirmed by the judge, the subject is brought before us by the appeal.

      In Williams v. Hassell, 73 N.C. 174, the limitation after an estate for life was "to the living issue" of the tenant in fee, and READE, J., says: "They are not the children of the testator's son Henry that take Henry's share in remainder; but only such of his children as may be living at Henry's death. And so of the rest. It will be seen, therefore, that the persons who are to take the remainder are not ascertained. They may be the same who are now in existence, or they may be added to by subsequent births, or diminished by deaths. As the persons who may be entitled to the remainder are not ascertained, so they cannot be represented; and as their numbers and conditions are not known, so the propriety of a sale of the lands cannot be determined. It was error to order a sale of the land.

      The same case was again before the court at the next term ( 74 N.C. 434), on a petition filed in behalf of all the parties to the action to determine whether Hassell, as administrator de bonis non, had the right to sell the land, and the same judge says: "The opinion filed at last term declares that inasmuch as the lands are devised to first takers for life only with remainder to such of their children as should be living at their death, it cannot be ascertained now who are to take the remainder; and not being ascertained they cannot be represented or bound by any proceeding, and therefore the lands cannot be sold at all."

      This case is so precisely in point with that under consideration, and so clear an exposition of the principle upon which a court of equity acts in assuming authority to dispose of estates, that we give it an unhesitating approval, and sustain the ruling of the court below.

      We have not adverted to another impediment in the way of a successful prosecution of the present proceeding, for that partition is made only of estates whereof the tenants in common have the seizin and possession, and not of estates in remainder after a life estate ( Maxwell v. Maxwell, 8 Ired. Eq., 25; Hassell v. Mizell, 6 Ired. Eq., 392; Parks v. Siler, 76 N.C. 109); nor have we adverted to the obvious difficulties to be met in securing or making a proper present disposition of the fund to meet future contingencies.

      We allude to them, lest our silence may be misinterpreted into an approval.

      No error. Affirmed.

  • Sources 
    1. Details: Family and Descendants of William Wallace McDowell & Sarah Lucinda Smith McDowell, Frances Arthur McDowell (Compiler and Editor).

    2. Details: Gravestone in the Riverside Cemetery (Asheville, Buncombe County, North Carolina).

    3. Details: The Smith-McDowell House: A History, Dr. Richard W. Iobst (1998) at 5.