Notes for Sarah M. Smith

Notes for Sarah M. Smith

The Will of Mary Ward, 16 Jan. 1816 (Book B-1, p. 26);
Bill of sale of negro by Sarah M. Napier 1821 (Dd. Bk. K, voll. 1, p. 50);
Power of attorney of James C. Napier to Wm. Williams 1838 (Bk. U, p. 589);
? abstracts of Inv. of Mary Ward, 19 Feb. 1816 (Bk. S. vol. 1, p. 210);
? deeds 1837 of James C. Napier and Sarah M. Napier (Bk. U, pp. 588-89)

About 1811 John Meredith Napier and his wife Sarah, with children James, Charion, Mary, and John Smith Napier moved from Pittsylvania Co., Virginia to Maury Co., Tennessee, where her brothers and some of his relatives named Hack were already living.
About 1815 (or it may have been late in 1814) a woman in the neighborhood claimed he was the father of the baby she was going to have soon. His wife, Sarah, had him bring the woman to her and undertook to look after her and the child when it arrived. John was not well and was at the time making preparations to go back to Virginia, partly for medical treatment and partly to see about settling up his father's property and getting his share of it. Also he was heir to his mother's sister, who was aged and might die soon and he was needed there. So he went back to Virginia about the latter part of 1815. (He had, according to family tradition, stated he did not know whether he was the father of the child or not, as the only time he was with the woman was at or after a dance and both were drunk at the time.)
Sarah's sister Mary, widow of a minister, had meanwhile come out there. She disliked John M. Napier and was shocked at the story, and felt her sister should get a divorce.
After John had left, Mary Ward was taken ill, and finally, after making a will, died. She had insisted that her sister get a divorce and if so she, Mary, would leave Sarah's children all her money (she was quite wealthy for those days it is said); otherwise she would leave it to her brother's children (Smiths). She so provided in her will, which was dated 16 January 1816.
Sarah, according to family story (supported by the conversation I had in 1936 with the then County Judge who said he remembered the case for various reasons) filed suit for divorce, but after the will was probated and the estate settled withdrew it. Protest was made by the Smiths, but whether legally and officially or just in open court to the Judge, but the ruling was that she had complied with the terms, and no protest or caveat was admitted. The Napier children got the money.
(Some notes on family history written by one of the Smiths, and there is no doubt that they never forgave the Napiers for getting the Ward estate. It was stated that they even tried to get John M. Napier arrested before he left. Also that they told the judge Sarah was not the proper person to bring up the children as she had taken in the abandoned woman who claimed her husband as the father of her child, etc. It was quite a scandal!)