|Death: ||Oct. 9, 1818|
Grandfather is Thomas Edwards
and Margaret Thomas
COURT: Christiana Evans against Joshua Evans, Jun. Dower of 130 acres of land in Salisbury Twp. Tenant pleaded three pleas, 1st a release, 2nd a jointure during coverture, accepted and agreed to after her husband's death. 3rd an agreement between the demanded and Amos Evans, her late husband, to live spearate and apart from him, on a separate maintenance of 15lbs per annum, settled on ans secured to her, by him. The demandant in her replication negatived these pleas, adding coverture to each, on which issues were joined. It appeared into evidence, that for some years before the death of the demandant's husband, which took place in January 1796, much family uneasiness subsisted between them, on account of an unfortunate connection he had formed with another woman, by whom he had children. That this ended in a separation, and on his sale of another tract of land, she joined with him in a conveyance to the purchasers, who gave a bond to her two brothers (William Smith and John Edwards) on the 1st June 1792 in the penalty of 200 lbs to secure to them, the annual payment of 15lbs during her life and that she on the same day by an instrument reciting the provision which had been made for her, released to her husband and his heirs all her right and title of dower, which was duly acknowledged before her brother, a justice of the peace, who transacted her business for her. The lands in question were of little value, and would not return for more then 5 lbs per year. The annual provision of 15 lbs had been regularly paid to the demandant during her husband's life and she had received it for eight years after his death, up to the present month of April 1803. The counsel on each side submitted the cause to the direction of the court; who were clearly of the opinion that the release extended to all the lands, by the express terms thereof. The instrument during marriage would not be good at law, which considers baron and feme as one person, with the same interests. But the circumstances of the demandant's frequent acts in receiving her annual provision of 15lbs formed a mass of evidence after the death of her husband, from which the jury might presume a re-delivery of the release which would be binding on her. The jury readily found a verdict for the tenant. p. 507-508 in Reports of Cases adjudged in the Supreme Court of PA with some select Cases Vol III by Hon. Jasper Yeates. Published John Campbell, W.J. Gilbert 1871 originally published 1818
Amos Evans and Christianna confirm a deed to Abraham Martin dated 1792 with William Smith and John Edwards as signatures for Christiana. (William was her brother and John may be a cousin and William's brother in law)
DEATH: Christianna Evans (widow) sister of William Smith departed this life the 9th day october AD 1818 Per William Smith Bible on LDS Microfilm for Bucks Co Bibles.
Family Bible of William Smith her brother says:
Bible Records collected by Mary Owen Steinmetz (1870-1948), Genealogist of Reading PA. Typed by J.E. Sturgie Nagle. p. 104 Bible Printed by Isaiah Thomas, Worcester,Massachusetts, 1791 Ownner Addie C.Owen,545 Centre Avenue, Reading, PA.
William Smith son of William Smith, deceased late of Martic Township of Lancaster County, was married to Dinah Edwards, daughter of John Edwards of Earl Township said county on the eleventh day of November in the year 1755. ...
William Smith, Esq. departed this life fourth December 1806 at nine o'clock and Thirty-seven minutes at night.
Christianna Evans (widow) sister of William Smith departed this life the 9th day October A.D. 1818.
William Smith (____ - 1755)
Joanna Edwards Davis (____ - 1768)
Amos Evans (1733 - 1796)
Susanna Evans Crosby (1767 - 1813)*
William Smith (1732 - 1806)*
Dinah Davis Kennedy (1735 - 1821)**
Christiana Smith Evans (1739 - 1818)
Bangor Episcopal Cemetery
Created by: Christos Christou Jr.
Record added: Aug 21, 2013
Find A Grave Memorial# 115861337