iNFORMATION IN THIS BIO IS NOT VARIFIED BY THE CURRENT MANAGER OF THIS MEMORIAL
John Bate Sr was son of
William Smeathers and Mary Winters of Tenn.
He was their first son born in TN of 4 kids,
Betsy1793, Archibald Jacob1794 and Mary1795.
William Smeathers was not in the RW and his line
is closed since 2002 for anyone trying to enter under him.
John was in War of 1812 in his father Capt William Smeathers Mounted Spy Unit from TN, as was William's
wife's brother Caleb Winters as well as William's
daughter Betsy's husband, John Berry.
John Smeathers Private - Kentucky Mounted Spies
Enlistment September 18 1811-To what time engaged or enlisted October 30 1812 served under Capt William Smeathers.
1820 Monroe Co Ind [living next to John Berry
who married Betsy Smeathers, John Bate's sister]
Smeathers John [John Bate Smeathers Sr]
Males up to 10 1 William son b 1820 IN
Males 10 - 16 0
Males 16-18 0
Males 18-26 0
Males 26-45 1 1775-1794 John b 1788 TN
acc/to TX census = 32yo
Males 45+ 0
Females up to 10 0
Females 10-16 0
Females 16-26 1 1785-1794 Elinor lst wife
Females 26-45 0
Females 45+ 0
[John's daughter Molly was not born til 1822 Ind and
AJ born 1824 Ind so not on 1830 of Indiana as by 1830
they were all living in Texas along with John's dad, William, and John Berry, his 3 sons with Betsy who
died Ind and his 2nd wife Gracie Treat & their 3 daus]
Smeathers, John p 72 Titles DeWitt's Colony:
John Smeathers arrived September 1827, widower, four persons.
2 May 1832. John Smeathers origin US, here with family since 1827, having the misfortune to lose his spouse.
Three children, two of them males.
John said he was 38 1827, widower in 1827
2 Sons, 1 daughter.
1832-received a league of land in the Dewitt Colony west
of current Halletsville, TX. near the current St. Mary's community where he and his wife and other Smeathers descendents are buried. He is listed as arriving in the colony Sep 1828 with a family of 4, a widower, when the title was passed on May 8, 1832.
Various court records refer to Smothers, but his
original land grants were in the Smeathers name.
John mrd Elinor unk first Indiana. they had 3 kids
William (1820 IN-1863TX) mrd Cintha Kelly;
He was a captain in the war between the states CW
and Sheriff Lavaca county, served on state police
Austin. They had 8 children.
Mary Ann(Polly) (1822 IN-1878 TX) mrd Elijah Kelly
[Cintha and Elijah were siblings]They had 8 kids.
Archibald Jacob (1824 IN-1838TX) killed by Indians
when out chopping wood in forest.
John mrd 2nd Mary Ashby 1836 they had 3 kids
John Bate Jr. (1836TX-1913TX) mrd Mary Hinch-11 kids;
Tobin(1839TX-1858TX)got pneumonia & died young;
Martha Ann (1841TX-1870TX) got pneumonia and died
mrd Jefferson Butler had 2 kids before she died.
1836-His marriage bond of 10,000. to Mary Harris Ashby lists him as John Smeathers. He sometimes signed his name too as John Bates. John served in the War of 1812 with his father, William Smeathers. John was in the Battle of Plum Creek to confront the Comanche Indians. The Indians had engaged in fierce battles down to the small town of Linnville on the Lavaca River, destroying the town.
1842-He counter sued Mary when she filed for divorce and
he claimed that a John Greenwood had acted to induce Mary to leave him and her children. [was not true, she filed
for abuse]
John sued Greenwood and a [deputy] for breaking and entering his home and removing personal items.
1841-1857-District Court records show John also sued his stepson, Charles Ashby aka Smothers for money John believed was due him for taking care of Mary's siblings.
Charles was Mary Ashby's son by a rape 1833 and Mary's sister, Sarah Ashby McClure were guardians of the siblings after John Miller Ashby, the father died.
1846 John Smeathers died without a will. He died while fighting a grass fire, either from smoke inhalation or a heart attack.His gravestone has John Smothers on it
nothing else.In between his stone and 2nd wife Mary
is son Tobin.
Without a will this caused problems between his two families. Court papers were flying back and forth with each side wanting their fair share. The kids from the lst wife filed papers to prevent Charles from inheriting anything from John's estate since he was not his son and in doing so forced Mary to file a petition declaring Charles was not John's son. Mary normally referred to Charles as an Ashby.
It was 12 years before John's property was settled. The final settlement was complicated by the death of Tobin in 1858 making final settlement sometime later, which might explain the extra 1052 acres Mary deeded in 1873. Mary received 2,485 + acres either through dowry or inheritance or both from John Smeathers Sr League.
1848-January term 1848
On the allegation and petition of William Smothers [son of John and Elinor] Administrator for Archibald [AJ, William and Molly's brother killed by Indians] and John Smeathers dec'd. It is ordered, and recorded by the court that the League of land known as John Smeathers league shall be divided into two parts or halves equable to quality and quantity. One half to the estate of Elinor Smeathers,
and the other half to belong to the heirs of John Smeathers dec'd and Elinor Smeathers half to be divided into three equal parts or shares equable to quality and quantity and to be drawn for and the third be drawn as Archibald's shall be divided into three equal parts drawn for by the heirs, and one third to be divided between John, Tobies Smothers minor heirs of John Smeathers Sr dec'd.
John Bate Sr was son of
William Smeathers and Mary Winters of Tenn.
He was their first son born in TN of 4 kids,
Betsy1793, Archibald Jacob1794 and Mary1795.
William Smeathers was not in the RW and his line
is closed since 2002 for anyone trying to enter under him.
John was in War of 1812 in his father Capt William Smeathers Mounted Spy Unit from TN, as was William's
wife's brother Caleb Winters as well as William's
daughter Betsy's husband, John Berry.
John Smeathers Private - Kentucky Mounted Spies
Enlistment September 18 1811-To what time engaged or enlisted October 30 1812 served under Capt William Smeathers.
1820 Monroe Co Ind [living next to John Berry
who married Betsy Smeathers, John Bate's sister]
Smeathers John [John Bate Smeathers Sr]
Males up to 10 1 William son b 1820 IN
Males 10 - 16 0
Males 16-18 0
Males 18-26 0
Males 26-45 1 1775-1794 John b 1788 TN
acc/to TX census = 32yo
Males 45+ 0
Females up to 10 0
Females 10-16 0
Females 16-26 1 1785-1794 Elinor lst wife
Females 26-45 0
Females 45+ 0
[John's daughter Molly was not born til 1822 Ind and
AJ born 1824 Ind so not on 1830 of Indiana as by 1830
they were all living in Texas along with John's dad, William, and John Berry, his 3 sons with Betsy who
died Ind and his 2nd wife Gracie Treat & their 3 daus]
Smeathers, John p 72 Titles DeWitt's Colony:
John Smeathers arrived September 1827, widower, four persons.
2 May 1832. John Smeathers origin US, here with family since 1827, having the misfortune to lose his spouse.
Three children, two of them males.
John said he was 38 1827, widower in 1827
2 Sons, 1 daughter.
1832-received a league of land in the Dewitt Colony west
of current Halletsville, TX. near the current St. Mary's community where he and his wife and other Smeathers descendents are buried. He is listed as arriving in the colony Sep 1828 with a family of 4, a widower, when the title was passed on May 8, 1832.
Various court records refer to Smothers, but his
original land grants were in the Smeathers name.
John mrd Elinor unk first Indiana. they had 3 kids
William (1820 IN-1863TX) mrd Cintha Kelly;
He was a captain in the war between the states CW
and Sheriff Lavaca county, served on state police
Austin. They had 8 children.
Mary Ann(Polly) (1822 IN-1878 TX) mrd Elijah Kelly
[Cintha and Elijah were siblings]They had 8 kids.
Archibald Jacob (1824 IN-1838TX) killed by Indians
when out chopping wood in forest.
John mrd 2nd Mary Ashby 1836 they had 3 kids
John Bate Jr. (1836TX-1913TX) mrd Mary Hinch-11 kids;
Tobin(1839TX-1858TX)got pneumonia & died young;
Martha Ann (1841TX-1870TX) got pneumonia and died
mrd Jefferson Butler had 2 kids before she died.
1836-His marriage bond of 10,000. to Mary Harris Ashby lists him as John Smeathers. He sometimes signed his name too as John Bates. John served in the War of 1812 with his father, William Smeathers. John was in the Battle of Plum Creek to confront the Comanche Indians. The Indians had engaged in fierce battles down to the small town of Linnville on the Lavaca River, destroying the town.
1842-He counter sued Mary when she filed for divorce and
he claimed that a John Greenwood had acted to induce Mary to leave him and her children. [was not true, she filed
for abuse]
John sued Greenwood and a [deputy] for breaking and entering his home and removing personal items.
1841-1857-District Court records show John also sued his stepson, Charles Ashby aka Smothers for money John believed was due him for taking care of Mary's siblings.
Charles was Mary Ashby's son by a rape 1833 and Mary's sister, Sarah Ashby McClure were guardians of the siblings after John Miller Ashby, the father died.
1846 John Smeathers died without a will. He died while fighting a grass fire, either from smoke inhalation or a heart attack.His gravestone has John Smothers on it
nothing else.In between his stone and 2nd wife Mary
is son Tobin.
Without a will this caused problems between his two families. Court papers were flying back and forth with each side wanting their fair share. The kids from the lst wife filed papers to prevent Charles from inheriting anything from John's estate since he was not his son and in doing so forced Mary to file a petition declaring Charles was not John's son. Mary normally referred to Charles as an Ashby.
It was 12 years before John's property was settled. The final settlement was complicated by the death of Tobin in 1858 making final settlement sometime later, which might explain the extra 1052 acres Mary deeded in 1873. Mary received 2,485 + acres either through dowry or inheritance or both from John Smeathers Sr League.
1848-January term 1848
On the allegation and petition of William Smothers [son of John and Elinor] Administrator for Archibald [AJ, William and Molly's brother killed by Indians] and John Smeathers dec'd. It is ordered, and recorded by the court that the League of land known as John Smeathers league shall be divided into two parts or halves equable to quality and quantity. One half to the estate of Elinor Smeathers,
and the other half to belong to the heirs of John Smeathers dec'd and Elinor Smeathers half to be divided into three equal parts or shares equable to quality and quantity and to be drawn for and the third be drawn as Archibald's shall be divided into three equal parts drawn for by the heirs, and one third to be divided between John, Tobies Smothers minor heirs of John Smeathers Sr dec'd.
iNFORMATION IN THIS BIO IS NOT VARIFIED BY THE CURRENT MANAGER OF THIS MEMORIAL
John Bate Sr was son of
William Smeathers and Mary Winters of Tenn.
He was their first son born in TN of 4 kids,
Betsy1793, Archibald Jacob1794 and Mary1795.
William Smeathers was not in the RW and his line
is closed since 2002 for anyone trying to enter under him.
John was in War of 1812 in his father Capt William Smeathers Mounted Spy Unit from TN, as was William's
wife's brother Caleb Winters as well as William's
daughter Betsy's husband, John Berry.
John Smeathers Private - Kentucky Mounted Spies
Enlistment September 18 1811-To what time engaged or enlisted October 30 1812 served under Capt William Smeathers.
1820 Monroe Co Ind [living next to John Berry
who married Betsy Smeathers, John Bate's sister]
Smeathers John [John Bate Smeathers Sr]
Males up to 10 1 William son b 1820 IN
Males 10 - 16 0
Males 16-18 0
Males 18-26 0
Males 26-45 1 1775-1794 John b 1788 TN
acc/to TX census = 32yo
Males 45+ 0
Females up to 10 0
Females 10-16 0
Females 16-26 1 1785-1794 Elinor lst wife
Females 26-45 0
Females 45+ 0
[John's daughter Molly was not born til 1822 Ind and
AJ born 1824 Ind so not on 1830 of Indiana as by 1830
they were all living in Texas along with John's dad, William, and John Berry, his 3 sons with Betsy who
died Ind and his 2nd wife Gracie Treat & their 3 daus]
Smeathers, John p 72 Titles DeWitt's Colony:
John Smeathers arrived September 1827, widower, four persons.
2 May 1832. John Smeathers origin US, here with family since 1827, having the misfortune to lose his spouse.
Three children, two of them males.
John said he was 38 1827, widower in 1827
2 Sons, 1 daughter.
1832-received a league of land in the Dewitt Colony west
of current Halletsville, TX. near the current St. Mary's community where he and his wife and other Smeathers descendents are buried. He is listed as arriving in the colony Sep 1828 with a family of 4, a widower, when the title was passed on May 8, 1832.
Various court records refer to Smothers, but his
original land grants were in the Smeathers name.
John mrd Elinor unk first Indiana. they had 3 kids
William (1820 IN-1863TX) mrd Cintha Kelly;
He was a captain in the war between the states CW
and Sheriff Lavaca county, served on state police
Austin. They had 8 children.
Mary Ann(Polly) (1822 IN-1878 TX) mrd Elijah Kelly
[Cintha and Elijah were siblings]They had 8 kids.
Archibald Jacob (1824 IN-1838TX) killed by Indians
when out chopping wood in forest.
John mrd 2nd Mary Ashby 1836 they had 3 kids
John Bate Jr. (1836TX-1913TX) mrd Mary Hinch-11 kids;
Tobin(1839TX-1858TX)got pneumonia & died young;
Martha Ann (1841TX-1870TX) got pneumonia and died
mrd Jefferson Butler had 2 kids before she died.
1836-His marriage bond of 10,000. to Mary Harris Ashby lists him as John Smeathers. He sometimes signed his name too as John Bates. John served in the War of 1812 with his father, William Smeathers. John was in the Battle of Plum Creek to confront the Comanche Indians. The Indians had engaged in fierce battles down to the small town of Linnville on the Lavaca River, destroying the town.
1842-He counter sued Mary when she filed for divorce and
he claimed that a John Greenwood had acted to induce Mary to leave him and her children. [was not true, she filed
for abuse]
John sued Greenwood and a [deputy] for breaking and entering his home and removing personal items.
1841-1857-District Court records show John also sued his stepson, Charles Ashby aka Smothers for money John believed was due him for taking care of Mary's siblings.
Charles was Mary Ashby's son by a rape 1833 and Mary's sister, Sarah Ashby McClure were guardians of the siblings after John Miller Ashby, the father died.
1846 John Smeathers died without a will. He died while fighting a grass fire, either from smoke inhalation or a heart attack.His gravestone has John Smothers on it
nothing else.In between his stone and 2nd wife Mary
is son Tobin.
Without a will this caused problems between his two families. Court papers were flying back and forth with each side wanting their fair share. The kids from the lst wife filed papers to prevent Charles from inheriting anything from John's estate since he was not his son and in doing so forced Mary to file a petition declaring Charles was not John's son. Mary normally referred to Charles as an Ashby.
It was 12 years before John's property was settled. The final settlement was complicated by the death of Tobin in 1858 making final settlement sometime later, which might explain the extra 1052 acres Mary deeded in 1873. Mary received 2,485 + acres either through dowry or inheritance or both from John Smeathers Sr League.
1848-January term 1848
On the allegation and petition of William Smothers [son of John and Elinor] Administrator for Archibald [AJ, William and Molly's brother killed by Indians] and John Smeathers dec'd. It is ordered, and recorded by the court that the League of land known as John Smeathers league shall be divided into two parts or halves equable to quality and quantity. One half to the estate of Elinor Smeathers,
and the other half to belong to the heirs of John Smeathers dec'd and Elinor Smeathers half to be divided into three equal parts or shares equable to quality and quantity and to be drawn for and the third be drawn as Archibald's shall be divided into three equal parts drawn for by the heirs, and one third to be divided between John, Tobies Smothers minor heirs of John Smeathers Sr dec'd.
John Bate Sr was son of
William Smeathers and Mary Winters of Tenn.
He was their first son born in TN of 4 kids,
Betsy1793, Archibald Jacob1794 and Mary1795.
William Smeathers was not in the RW and his line
is closed since 2002 for anyone trying to enter under him.
John was in War of 1812 in his father Capt William Smeathers Mounted Spy Unit from TN, as was William's
wife's brother Caleb Winters as well as William's
daughter Betsy's husband, John Berry.
John Smeathers Private - Kentucky Mounted Spies
Enlistment September 18 1811-To what time engaged or enlisted October 30 1812 served under Capt William Smeathers.
1820 Monroe Co Ind [living next to John Berry
who married Betsy Smeathers, John Bate's sister]
Smeathers John [John Bate Smeathers Sr]
Males up to 10 1 William son b 1820 IN
Males 10 - 16 0
Males 16-18 0
Males 18-26 0
Males 26-45 1 1775-1794 John b 1788 TN
acc/to TX census = 32yo
Males 45+ 0
Females up to 10 0
Females 10-16 0
Females 16-26 1 1785-1794 Elinor lst wife
Females 26-45 0
Females 45+ 0
[John's daughter Molly was not born til 1822 Ind and
AJ born 1824 Ind so not on 1830 of Indiana as by 1830
they were all living in Texas along with John's dad, William, and John Berry, his 3 sons with Betsy who
died Ind and his 2nd wife Gracie Treat & their 3 daus]
Smeathers, John p 72 Titles DeWitt's Colony:
John Smeathers arrived September 1827, widower, four persons.
2 May 1832. John Smeathers origin US, here with family since 1827, having the misfortune to lose his spouse.
Three children, two of them males.
John said he was 38 1827, widower in 1827
2 Sons, 1 daughter.
1832-received a league of land in the Dewitt Colony west
of current Halletsville, TX. near the current St. Mary's community where he and his wife and other Smeathers descendents are buried. He is listed as arriving in the colony Sep 1828 with a family of 4, a widower, when the title was passed on May 8, 1832.
Various court records refer to Smothers, but his
original land grants were in the Smeathers name.
John mrd Elinor unk first Indiana. they had 3 kids
William (1820 IN-1863TX) mrd Cintha Kelly;
He was a captain in the war between the states CW
and Sheriff Lavaca county, served on state police
Austin. They had 8 children.
Mary Ann(Polly) (1822 IN-1878 TX) mrd Elijah Kelly
[Cintha and Elijah were siblings]They had 8 kids.
Archibald Jacob (1824 IN-1838TX) killed by Indians
when out chopping wood in forest.
John mrd 2nd Mary Ashby 1836 they had 3 kids
John Bate Jr. (1836TX-1913TX) mrd Mary Hinch-11 kids;
Tobin(1839TX-1858TX)got pneumonia & died young;
Martha Ann (1841TX-1870TX) got pneumonia and died
mrd Jefferson Butler had 2 kids before she died.
1836-His marriage bond of 10,000. to Mary Harris Ashby lists him as John Smeathers. He sometimes signed his name too as John Bates. John served in the War of 1812 with his father, William Smeathers. John was in the Battle of Plum Creek to confront the Comanche Indians. The Indians had engaged in fierce battles down to the small town of Linnville on the Lavaca River, destroying the town.
1842-He counter sued Mary when she filed for divorce and
he claimed that a John Greenwood had acted to induce Mary to leave him and her children. [was not true, she filed
for abuse]
John sued Greenwood and a [deputy] for breaking and entering his home and removing personal items.
1841-1857-District Court records show John also sued his stepson, Charles Ashby aka Smothers for money John believed was due him for taking care of Mary's siblings.
Charles was Mary Ashby's son by a rape 1833 and Mary's sister, Sarah Ashby McClure were guardians of the siblings after John Miller Ashby, the father died.
1846 John Smeathers died without a will. He died while fighting a grass fire, either from smoke inhalation or a heart attack.His gravestone has John Smothers on it
nothing else.In between his stone and 2nd wife Mary
is son Tobin.
Without a will this caused problems between his two families. Court papers were flying back and forth with each side wanting their fair share. The kids from the lst wife filed papers to prevent Charles from inheriting anything from John's estate since he was not his son and in doing so forced Mary to file a petition declaring Charles was not John's son. Mary normally referred to Charles as an Ashby.
It was 12 years before John's property was settled. The final settlement was complicated by the death of Tobin in 1858 making final settlement sometime later, which might explain the extra 1052 acres Mary deeded in 1873. Mary received 2,485 + acres either through dowry or inheritance or both from John Smeathers Sr League.
1848-January term 1848
On the allegation and petition of William Smothers [son of John and Elinor] Administrator for Archibald [AJ, William and Molly's brother killed by Indians] and John Smeathers dec'd. It is ordered, and recorded by the court that the League of land known as John Smeathers league shall be divided into two parts or halves equable to quality and quantity. One half to the estate of Elinor Smeathers,
and the other half to belong to the heirs of John Smeathers dec'd and Elinor Smeathers half to be divided into three equal parts or shares equable to quality and quantity and to be drawn for and the third be drawn as Archibald's shall be divided into three equal parts drawn for by the heirs, and one third to be divided between John, Tobies Smothers minor heirs of John Smeathers Sr dec'd.
Inscription
J. S.
Gravesite Details
Name misspelled on stone we know why; family always used Smeathers
Family Members
Parents
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