by Rocky Macy
(Note: William C. SMITH’s oldest brother, John A. SMITH and his wife, Delaina POE, had a total of eight children, six boys and two girls. Seven of those children went on to become inheritors in the estate of William C. SMITH, but the third child, Joel W. SMITH who was born around 1879 was not named as an inheritor. Joel W. was listed on the family census of 1880 in Buffalo Township of Newton County, Missouri, as a one-year-old. The fact that neither he nor any heirs of his were named as inheritors of William’s estate would indicate that Joel W. SMITH died before 1920 or moved away and could not be located. However, there is a Joel W. SMITH (August 2, 1878 - August 21, 1932) buried at Swars Prairie Baptist Cemetery in Newton County, Missouri, the same cemetery where William C. SMITH and his wife, Lucinda, are buried.)
Today’s listings are the five sons of John A. and Delania (POE) SMITH) who were named as defendants in the lawsuit over their Uncle William’s estate. All defendants are listed in the order in which they appeared in the legal notices of the times:
1. M.F. SMITH was born Melvin Festus SMITH to John A. and Delana (POE) SMITH in Newton County, Missouri, in August of 1870. His father, John A. SMITH, was William C. SMITH’s older brother, and Melvin was William’s nephew.
Melvin SMITH first appeared on the US census in 1880 as 9-year-old Melvin “N.” SMITH residing with his parents, John A. (48) and “Delania” (28). Also in the house were two younger SMITH children, Nancy A. (4) and Joel W. (1).
Melvin married “Gertie” in Oklahoma Indian Territory on January 14, 1893. She is listed on their marriage record in Oklahoma as “Gertie SMITH,” and on the 1900 census of South Creek in Lincoln County, Oklahoma, as “Christenia G. SMITH” (26). According to that census, the head of the household, Melvin F. SMITH, was 28-years-old. The couple had two children at that time, David H. (4), and “Davey” (Dovie) (3).
Gertie was not listed in the 1910 census of Dent, Pottawatomie County, Oklahoma, but the rest of the family was: Melvin F. (39), David “F.” (15), Dovie G. (13), Melvie F. (7) (a daughter), Marvin O. (5), and Mamie A. (3).
Gertie was back with the family in the 1920 census for Okfuskee, Okfuskee County, Oklahoma, where she was recorded as “Gertrude C. SMITH” (37), an age which was about ten years younger than she actually was. Also in that household were Melvin "S.” (48), Melva F. (17), Marvin O. (15)., and “Mammie” A. (12).
In the 1930 census Melvin SMITH appeared to be living without family and residing in a boarding house in Okeman, Okfuskee County, Oklahoma. He was listed on that census as a 59-year-old cafe proprietor. The 1930 census entry also noted his marital status as “divorced.”
Melvin Festus SMITH passed away in 1947. An entry in the Find-A-Grave Index states that he is buried in the Fairfax Cemetery in Fairfax, Osage County, Oklahoma.
2. Bennett A. SMITH was born Bennett Andrew SMITH to John A. and Delana (POE) SMITH in Missouri on March 20, 1886. His father, John A. SMITH, was William C. SMITH’s older brother, and Bennett was William’s nephew.
Bennett SMITH first appeared in the US census of 1900 as a 14-year-old in the home of his parents, John A. (67) and “Delamia” (48), in South Creek Township of Lincoln County, Oklahoma - the same township and county where his older brother, Melvin Festus SMITH, and his family were residing. Also in that household were four other SMITH children: Stella M. (19), “Jemmie” (James Carroll) (16), Hugh E. (11), and Robert M. (5).
Bennett A. SMITH married a woman named Laura H. (last name unknown) on July 26, 1908. They were listed in the 1910 census for South Creek, Lincoln County, Oklahoma, as “Bennet” SMITH (23), Laura SMITH (23), and one child, Cloyad (Cloyd Virgil) (0).
Bennett Smith was listed as a farmer on the 1910 census, but by 1920 “B.A. SMITH,” age 33, was listed as a teacher. He and Laura (33) and 10-year-old Cloyd were living in Gibbs, Johnson County, Oklahoma.
Cloyd had left the home by the 1930 census which found “Bennet” A. SMITH (44) and Laura (43) residing in Brown, Seminole County, Oklahoma. In that census Bennett was listed as a public school teacher.
The US census for 1940 indicated that Bennett and Laura SMITH had been residing in Hays, Pottawattamie County, Oklahoma in 1935. By 1940 they were back in Gibbs, Johnson County, Oklahoma, where Bennett was still teaching school. That census also said that he had completed “college, 5th or subsequent year.” He had worked 36 weeks in 1939 and earned $1,358 in salary.
The 1940 census held one surprise, the addition of another family member. Eighteen-year-old Mildred E. SMITH, who had not been listed on any of the previous censuses with Bennett and Laura, suddenly appeared on the 1940 census where she was noted as their daughter.
Bennett Andrew SMITH registered for the World War I draft while living in Johnson County, Oklahoma, and he registered for the World War II draft while at home in Mill Creek, Oklahoma. Bennett and Laura were living in Sylacauga,Talladega County, Alabama, in the mid-1950’s where he was teaching school, and upon his death on August 19, 1968, the Social Security Administration listed his final residence in the city of Sylacauga, Alabama.
Bennett SMITH is buried at Oaklawn Cemetery in Sulphur, Murray County, Oklahoma. Bennett’s wife, Laura H. SMITH, is also buried in the Oaklawn Cemetery. She was born on June 15, 1886, just three months after her husband-to-be, and she passed away January 8, 1968, a little over seven months before her husband of sixty years also died.
3. J.C. SMITH was born James Carrol SMITH to John A. and Delana (POE) SMITH in Missouri on June 22, 1883. His father, John A. SMITH, was William C. SMITH’s older brother, and James Carrol was William’s nephew.
James Carrol SMITH first appeared in the US census of 1900 as 16-year-old “Jemmie” in the home of his parents, John A. (67) and “Delamia” (48), in South Creek Township of Lincoln County, Oklahoma - the same township and county where his older brother, Melvin Festus SMITH, and his family were residing. Also in that household were four other SMITH children: Stella M. (19), Bennett A. (14), Hugh E. (11), and Robert M. (5).
James SMITH married Viola Gertrude “Gertie” ESTEP sometime between the censuses of 1900 and 1910. Gertie, a native of Arkansas, was the daughter of Francis “Frank” Ashbury and Mary E. (WHITE) ESTEP.
When the 1910 census was taken, James (26) and “Girtie” (23) were living in Dent, Pottawatomie County, Oklahoma, where James reported that his occupation was that of a farmer. They had no children at that time.
James C.(37) and Gertie (32) SMITH were living in Ranger, Eastland County, Texas, at the time of the 1930 census. James listed his occupation as a “shimer” working with an “oil leaser” in that census. They had three children, all boys: John (7), Robert (6), and Verlon (0). They were the only children that the couple was destined to have.
The 1930 US census found “J.C.”(46) and “Grace” (42) SMITH living in Lakeside, Creek County, Oklahoma, with their sons: John (19), Robert (16), and Verlon (11). According to information contained in the 1940 census, James Carrol SMITH and his family had been living in rural Okfuskee, Oklahoma, in 1935.
“J.C.” (57) and Gertie (52) and two sons, “Arlie” (26) and Verlon J. (21), were residing in Texas City, Galveston County, Texas, in 1940 where James was working on his own as a blacksmith. James registered for the World War II draft while they were living in Texas City.
Gertie ESTEP SMITH passed away on June 14, 1950, and is buried at the Galveston Memorial Park Cemetery in Hitchcock, Texas.
James Carrol SMITH, aged 75, died on December 8, 1958, as the result of burns that he suffered from an explosion as he was trying to light a gas heater in his home in Ada, Oklahoma. He is buried next to Gertie at the Galvesto Memorial Park Cemetery. The following obituary ran in the “Ada Evening News two days after James’ death:
James C. Smith
“SULPHUR (Special) - Services for James Carrol Smith, 1225 West Atoka, were at 2:30 p.m. Wednesday in the Free Will Baptist Church, Rev. A.L. McAffrey officiated. Burial was in Galveston Memorial Park, Galveston, Texas. Bahner Funeral Home was in charge.
“Simth, born June 22, 1883 in Missouri, died Monday in a local hospital. He moved here from LaMarque, Texas, four years ago and was engaged in blacksmithing prior to retirement. He was a member of the Church of God.
“He leaves three sons, John C. Smith, LaMarque, Texas, Robert H. Smith, Texas City, Texas, and Verlon J. Smith, League City, Texas; a sister, Mrs Stella Doty, Sulphur, two brothers, Bennett A. Smith, Mill Creek, and Robert M. Smith, Chicago, Ill; five grandchildren, and ten great-grandchildren.”
4. H.E. SMITH was born Hugh Elmer SMITH to John A. and Delana (POE) SMITH in Oklahoma Indian Territory on July 5, 1888. His Social Security enrollment stated that he was born in Grove, Delaware County, Oklahoma (Indian Territory), but his 1917 World War I draft registration lists his place of birth as "Southwest City, Indian Territory." Hugh's father, John A. SMITH, was William C. SMITH’s older brother, and Hugh Elmer was William’s nephew.
Hugh Elmer SMITH first appeared in the US census of 1900 as 11-year-old “Hugh E.” in the home of his parents, John A. (67) and “Delamia” (48), in South Creek Township of Lincoln County, Oklahoma - the same township and county where his older brother, Melvin Festus SMITH, and his family were residing. Also in that household were four other SMITH children: Stella M. (19), James Carrol (16), Bennett A. (14), and Robert M. (5).
Hugh SMITH has not been found on the 1910 census as of this time, but he married Mary Lois DYER (born 1893), presumably before the birth of their first child, Lucille, which occurred in the state of Oklahoma around 1912.
Hugh and Mary had six children, four girls and two boys: Lucille (b. ca. 1912, married Mr. LANNING); De Loren (1914-1908, married Maxine DEAN); (Opal) Camilla (b. 1919, married Arliss Everett LOGAN); Evelyn Verine (1921-1994, married Mr. FISCHER); Oleta Jo (1924-1999, married Mr. HESTER); and, Hugh Edward (1930-2000, married Anna Unknown).
Hugh registered for the World War I draft on June 5, 1917, while he and his family were living in Marshall County, Oklahoma. In 1920 the US census found the family in Madill, Marshall County, Oklahoma. Included were Hugh E. (31) Mary (26) Lucille (8), “Dee” (5), and O. Camilla (1). Hugh’s mother, Delania SMITH (68) was also residing in the household.
The 1930 US census again located the family in Madill, Marshall County, Oklahoma. It included Hugh E. (39), Mary (38), Lucille (18), “Dee” (16), Camilla (11) Evelyn (8), and Oleta J. (5).
An entry in the Ada, Oklahoma, city directory for 1934 indicates that the Hugh SMITH family had relocated there, and he identified as a laborer. By the time of the 1940 census Hugh and his family were still residing in Ada, Pontotoc County, Oklahoma. They were living on East Main Street in a rented house and Hugh was described as a “Section Laborer.” The census revealed that he had completed elementary school, 6th grade.
Those in the household when the 1940 census was taken included Hugh E. (51), Mary (47), Camilla (21), Evelyn (18), Oleta “Joe” (15), and Hugh E. (9). There was also a 55-year-old single male in the household by the name of Frank HARTMAN who was described as a lodger.
Hugh SMITH passed away on January 28, 1941, and he is buried at the Memorial Park Cemetery in Ada, Oklahoma.
5. Robert M. SMITH was born to John A. and Delania (POE) SMITH in Grove, (Delaware County), Oklahoma Indian Territory on August 21, 1894. John A. SMITH was William C. SMITH's older brother, and Robert M. SMITH was William's nephew.
So far Robert M. SMITH has only been positively identified in one US census. In 1900 he was a five-year-old in the home of his parents in South Creek of Lincoln County, Oklahoma, the same township and county where his older brother, Melvin Festus SMITH, and his family were residing in a separate household.
When Robert registered for the World War I draft on June 1, 1917, he was single and living in Castle, Okfuskee County, Oklahoma. He was described as being 22-years-old, medium build and height, and having brown hair and blue eyes. He was also described as being an “unemployed pipe line worker.”
According to the obituary of his brother, James Carrol Smith, Robert was living in Chicago, Illinois, at the time of James's death in December of 1958.
Robert M. SMITH passed away on January 18, 1977, and is buried at the Oaklawn Cemetery in Sulphur, Murray County, Oklahoma. He was eighty-two-years-old. Robert’s tombstone is inscribed simply, “At Rest.”
(Next up: More profiles of the defendants in (the lawsuit regarding the estate of William C. SMITH - which took place in Newton County, Missouri, in 1920.)
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