Family Tree of Emma Norris Smith

The Family of Emily Scott Norris Smith
The following is intended as notes only for descendents of Emily Scott Norris Smith Childress, or other genealogists to aid in their research.

         Born about June 1830 in Goochland, Emily was the daughter of Robert T Norris and Sally Johnson Norris. She was married July 8, 1850. Apparently, her father was not alive at that time. No parents are listed on the marriage records. She married Poindexter P Smith, II, who died about 12 years later in the Civil War. They had 4 children together. Two years after his death, she married John H Childress and settled in Albemarle Co. She died in 1910 and is buried at Mt. Eagle Baptist Church on Rt 53 near Monticello. The gravestone is in excellent condition. No other family members are buried there in the small cemetery, which is still in use. She had two daughters with Mr. Childress.

Her first husband

          Poindexter was a private in a volunteer company-Goochland Light Artillery. He was captured by the Yankees and placed in a prison in Chicago. He got sick and died on the way to be exchanged for Northern prisoners at Vicksburg. It was determined by the Confederate auditor that P P Smith was due back pay in Jan 1863. Emily filed in June 1863, and appeared before the Justice of the Peace in Goochland to verify her marriage and claim to pay. it was decided in her favor. She was paid $52.20, backpay prorated at $12 month, plus $25 for six months clothing allowance in 1864, prior to the break-up of the confederacy.

Her six children:

Robert T Smith, born c. 1854 wife Mary, 5 children
Poindexter Patteson Smith, III, born 1856 wife Nancy Payne 5 children including Harry
Leander Ivanhoe Smith, born 1859 wife Carnelia Isabel, unknown children
Martha Jane Smith, born 1860 husband Robert E Johnson, 6 children (Named after grandmother Smith)
Lucy Childress, born 1868
Mariah Childress, born 1874

Her name: Emily Scott Norris Smith Childress. Her son Poindexter III (Decker) named a daughter Emily Ruth and she went by Ruth. She named her daughter Emily Ruth Wheeler, and she went by Emily. Emily Norris went by the nickname Emma.

Her parents:

         Robert T Norris of Goochland and Jane Johnson were married in Goochland on June 16, 1828. The estimated dates of his life are roughly 1810-1847. Her dates are estimated to be 1811-1860 or later. The only child from this marriage of whom I have evidence is Emily. Jane did remarry on May 5,1849, to Mason L Mahanes, about 2 years older than she. Jane was 38 in the 1850 census and had 1 year old Sally Mahanes. This second marriage of Jane Norris was one year before her daughter Emily married Poindexter. Emily was about 18 or 19 years older than her baby half-sister. (More about Mahanes in the story of his mother-in-law.)

Emily's step-father

         Jane Johnson Norris's second spouse was Mason L Mahanes, wedding date May 5, 1849. Emily herself was married about a year later, when her baby sister was born.

Emily’s Grandparents:

Paternal--Possibly Robert Norris’ father was Daniel Norris, who married Constantine P Gillam on July 17, 1809, in Goochland. There are no birth records, only marriage records. The time appears to be right, and there are no other Norris weddings in Goochland during those decades. The next step is to examine land deeds and wills to establish authenticity.

Maternal--Emily’s grandmother, Jane’s mother, was listed on the 1828 marriage record as Sally Johnson. No father was listed, so I believe he died prior to 1828. In some court cases starting in 1849, we find all of Sally’s children, father, and husband listed, along with a sordid family story. Sally is listed as the daughter of George Toler early in the account. In the court records and depositions, she is also referred to as Sarah. Marriage records of Goochland reveal that William Johnson married Sally Toler on Dec. 29, 1798; father of bride was George Toler. No family of groom was listed. I went back to the court summaries and finally found William Johnson listed near the end.

         We know that William Johnson died after 1812, but before 1822, without a will. He was born Dec. 11, 1767. Sally, in the 1850 census is living with her daughter Jane Mahanes, and she is 69. So she was born around 1781. We also know that she was alive in 1856 from the court records.
Records in 1797 show that William Johnson was leasing land and slaves. The land bordered George Toler’s. By 1804 he was selling it, so he must have bought it in between those dates.

         As early as 1849, her family thought Sally was unable to handle her affairs due to age, according to several court cases. Sally’s son George and son-in-law Dabney filed suit against Sally and the other 2 sons-in-law. Son David stayed out of it. They wanted to control the distribution of her estate. An agreement was drawn up the day after Christmas in 1849 and all signed it except Dabney, who lived in Culpeper. The agreement would allow even distribution now of all her assets, except some slaves who were contested in another suit, as long as the children took care of her the rest of her life and kept her comfortable.

         However, the court clerk who went to Dabney for the signature found him drunk and unable to cooperate. He was prevailed upon to stay overnight, but the drinking rampage didn’t end and the clerk had to return to Goochland. So they agreed to proceed and Sally would hold Dabney’s portion until he was able to participate. But he became angry and threatened to go to Sally’s and forcibly seize what he felt was his. They voided the agreement in fear for Sally, and devised a new one, distributing all property, but each child would pay Sally $20 a year until she died. That didn’t settle anything. So they came up with a verbal agreement, but nothing was distributed. By 1856, Dabney died, but his two daughters took up the fight to get their portion. However, the outcome is not recorded in the court records. (The depositions of friends and witnesses told the story.)

         Note that Mahanes married our Jane only 6 or 7 months before the battle to claim his mother-in-law’s estate while she was still living. She must have had something worth fighting for. It will be interesting to look at land deeds, or sales.

Emily’s great grandfathers (Great-great-great-great grandfather of Harry, Carroll, Juanita):

George Toler, estimated dates 1762-1830. He wrote his will in 1822 so he was alive until after that time. Still need to see the will to get other names of children or wife. Wife may be Fannie Bourne. Death place probably Goochland, birthplace probably Virginia

William Johnson’s father was David Johnson, born before 1742, died around 1800 in Goochland. He married Lucy Ellis on Dec. 13, 1762. They had 8 children counting William.

Further Back
David’s father was James Johnson, born before 1697-don’t know where, died after 1787 in Goochland. His unnamed wife died 1775 in Goochland. In some documents, he is referred to as "James the Elder".

Generations: Coming forward in time

James Johnson early 1700’s
George Toler late 1700’s, David Johnson & Lucy Ellis
Sally or Sarah Toler and William Johnson, Constantine Gillam and Daniel Norris
Jane Johnson and Robert T Norris 1820’s
Emily Norris and Poindexter Smith II 1860
Nancy Payne and Poindexter Smith III
Dixie Britts and Harry Smith Sr 1920’s, George & Hallie, Ruth & Roy Wheeler, Bessie Smith, Kenny