52 Ancestors Week 19: #26 Devier James Lamphier Smith (1839-1894)

Amy Johnson Crow suggested a weekly blog theme of "52 Ancestors" in her blog post Challenge:  52 Ancestors in 52 Weeks on the No Story Too Small blog.  Here is my ancestor biography for week #19:

Devier James Lamphier Smith (1839-1894) is #26 on my Ahnentafel List, and is my 2nd great-grandfather. He married #27 Abigail A. Vaux (1844-1931) in 1861.

I am descended through:

*  their daughter, #13, Abbie Ardell "Della" (Smith) Carringer (1862-1944), who married  #12 Henry Austin Carringer (1853-1946) in 1887.
*  their son, #6 Lyle Lawrence Carringer (1891-1976), who married #7 Emily Kemp Auble (1899-1977) in 1918.
* their daughter, #3 Betty Virginia Carringer (1919-2002), who married #2 Frederick Walton Seaver (1911-1983) in 1942.
*  their son, #1 Randall J. Seaver (1943-....)

To create this post, I made an Individual Summary report in RootsMagic 6, then saved it into an RTF file.  I then copied and pasted the Person, the Individual Fact List, the Marriages/Children, the General Notes, and the Source Citations into this blog post.  Unfortunately, the source citations superscripts did not survive this process as superscripts, so I put them in brackets in the lists and notes below, and without brackets in the Source Citation list.  I have images of many of these records, but have not included them in this blog post due to the length of the post.  Many of them have been transcribed or shown in Amanuensis Monday and Treasure Chest Thursday posts.

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1)  PERSON (with source citations as indicated in brackets):

*  Name:                     Devier James Lamphier Smith [1–3]    
*  Sex:                        Male   
*  Father:                    Ranslow Smith (1805-1873) (adopted)
*  Mother:                  Mary "Polly" Bell (1805-1865) (adopted)    

*  Alternate Name:      Devier Lamphier [2]  
*  Alternate Name:      Devier J. Smith [4-5, 14-17, 19-21]
*  Alternate Name:      Devier Smith [6-8]
*  Alternate Name:      D.J. Smith [9-13, 18]
     
2)  INDIVIDUAL FACTS (with source citations as indicated in brackets):
   
*  Birth:                     7 May 1839, Henderson, Jefferson, New York, United States [4]       
*  Alternate Birth:       7 May 1842, Henderson, Jefferson, New York, United States [5]
*  Adoption:               before 1843 (before about age 4), Jefferson, New York, United States [2]
*  Census:                  1 June 1850 (age 11), Burnett, Dodge, Wisconsin, United States [6]   
*  Census:                  1 June 1860 (age 21), Oak Grove, Dodge, Wisconsin, United States [7]
*  Name Change:        21 March 1866 (age 26), from Devier Lamphier to Devier J. Smith; Madison, Dane, Wisconsin, United States [2–3]    
*  Census:                  1 June 1870 (age 31), Benton, Taylor, Iowa, United States [8]
*  Census:                  1 June 1875 (age 36), Lincoln, Cloud, Kansas, United States [9]
*  Census:                  1 June 1880 (age 41), Shannon, Pottawatomie, Kansas, United States [10]
*  Census:                  1 June 1885 (age 46), Clyde, Cloud, Kansas, United States [11]
*  Census:                  1 June 1885 (age 46), McCook, Red Willow, Nebraska, United States [12]
*  Description:            1889 (about age 50), Wano, Cheyenne, Kansas, United States [13]
*  Property:               9 August 1889 (age 50), 160 acres in the west half of the southwest quarter and the west half of the northwest quarter of Section 11 of Township 3 south, Range 40 west; Wano, Cheyenne, Kansas, United States [14]  
*  Property:               1 March 1890 (age 50), 160 acres in the the southeast quarter of Section 10 of Township 3 south, Range 40 west; Wano, Cheyenne, Kansas, United States [15]
*  Death:                   1 May 1894 (age 54), McCook, Red Willow, Nebraska, United States [16-17]   
*  Burial:                   after 1 May 1894 (after age 54), McCook Cemetery, McCook, Red Willow, Nebraska, United States [18]
*  Obituary:               4 May 1894 (age 54), McCook, Red Willow, Nebraska, United States [19]

3)  MARRIAGES/CHILDREN (with source citations as indicated in brackets):
       
*  Spouse 1 Name     Abigail A. "Abbie" Vaux (1844-1931)   
*  Marriage:              4 April 1861 (age 21), Rolling Prairie, Dodge, Wisconsin, United States [20-21]   
*  Child 1:                 Abbey Ardelle "Della" Smith (1862-1944)   
*  Child 2:                 Devier David "Davie" Smith (1863-1920)   
*  Child 3:                 Mary Ann "Matie" Smith (1866-1922)   
*  Child 4:                 Agness Bell Smith (1868-1870)   
* Child 5:                  Lucian H. "Lutie" Smith (1875-1878)   
  
4) NOTES (with source citations as indicated in brackets):

 Based on the available personal, public and government records, this person was born with the name Devier James Lamphier, probably in Jefferson County, New York.  His birth parents have not been identified to date.  He was probably adopted by Ranslow and Mary (Bell) Smith before 1843, when the Ranslow Smith family moved to Dodge County, Wisconsin. [1-3]

A Smith Family Bible [5] provides the birth date of Devier J. Smith as 7 May 1842.  Abbie (Vaux) Smith's notes [4] listing the family birth, marriage and death information says 7 May 1839.  The obituary [19] for Devier J. Smith says May without a day.

The year of birth was probably 1839.  The Smith Family Bible, in Devier's hand, says 1842.  The newspaper obituary and gravestone record say 1842, but were probably derived, by Devier's son, from the Smith Family Bible.  

Abbie (Vaux) Smith's list says 1839, as does the 1889 newspaper article about Devier J. Smith.  All six census records imply a birth year between 1838 and 1840.  No other records imply a birth year of 1842.

In the 1850 US census, the Ranslow Smith family resided in Burnett township, Dodge County, Wisconsin. [6] The household included:

*  Ranslow Smith, age 44, male, a farmer, real property of $2000, born NY
*  Mary Smith, age 45, female, born NY
*  Mary J. Smith, age 12, female, born NY
*  Devier Smith, age 11, male, born New York.

In the 1860 census, the Ranslow Smith family resided in Oak Grove, Dodge County, Wisconsin. [7]  The household included:

*  Ranslow Smith -- age 55, male, farmer and inn keeper, $7800 in real property, $930 in personal property, born NY
*  Mary Smith -- aged 55, female, born NY
*  Devier Smith -- age 21, male, farm laborer, $1232 in personal property,  born NY

Devier J. Smith and Abbie A. Vaux married on 4 April 1861 in Rolling Prairie, Dodge County, Wisconsin.  In the "Marriages" section of the Devier J. Smith Family Bible (loose pages): [20]

"Devier J. Smith & Abbey A. Vaux, April 4th, 1861"

The Abigail (Vaux) Smith list of family births, marriages and deaths (loose papers) includes the following: [21]

"DJ Smith and Abbie A. Vaux
April 4, 1861 Wis. Rolling Prairie, Dodge Co."

Ranslow Smith wrote his will in 1866, [2] and referred to his son as "Devere J. Lamphear, Commonly called Devere J. Smith, my adopted son." Consequently, Devier J. Smith petitioned the Wisconsin State Senate to formally change his name to Devier J. Smith. [3] The transcription of the formal Wisconsin State Senate Act to change the name of Devier Lamphier to Devier J. Smith is:

"AN ACT

"To change the name of Devier Lamphier to Devier
J. Smith and constitute him the legal heir of
Ranslow Smith of Dodge County.

"The People of the State of Wisconsin represented
in Senate and Assembly do enact as follows:

"Section 1.  The name of Devier Lamphier is here-
by changed to Devier J. Smith and the said Dev-
ier Lamphier is hereby declared to be the adopted
child and legal heir of Ranslow Smith of
Dodge County.

"Section 2.  This act shall take effect and be in
force from and after its passage and publication.

"Henry A. Barron
Speaker of the Assembly

"Wyman Spooner
President of the Senate

"Approved March 21st 1866
Lucius  Fairchild
Governor"

A newspaper article in the Dodge County (Wis.) Citizen newspaper dated 24 October 1867 (page 3) noted that:

"Rolling Prairie Items

"To Missouri. -- DeVere Smith and Family, Wm. Gelling and Family, James Woodward and Family.  about to go, Samuel Newton and Wife."

In the 1870 U.S. Census, the Devier Smith family resided in Benton township, Taylor County, Iowa.[8]  The family included:

*  Devier Smith -- age 30, male, white, a farmer, $10,000 in real property, $800 in personal property, born New York
*  Abbie Smith -- age 26, female, white, keeping house, born NY
*  Della Smith -- age 8, female, white, at home, born WI, attended school
*  David Smith -- age 6, male, white, at home, born WI, attended school
*  Mary Smith -- age 4, female, white, at home, born WI

After 1870, the family moved to Andrew County, Missouri, and then to Concordia, Cloud County, Kansas by 1875.  One biography of D.J. Smith says he was a farmer and hotel-keeper in Wisconsin, a farmer and in the livery business in Iowa and Missouri, and  handled cattle in Missouri.

Devier J. Smith's adoptive father, Ranslow Smith, died in 1873,[2] and Devier J. Lamphere, alias Devier J. Smith, is prominent in the will and the court records in Andrew County, Missouri.  The estate was finally settled in September 1885.

In the 1875 Kansas State Census, the D.J. Smith family resided in Lincoln township, Cloud County, Kansas.[9]  The household included:

*  D.J. Smith - age 35, male, white, livery and sale stable, $750 in real property, $1155 in personal property, born NY, moved from MO
*  Abbie A. Smith - age 30, female, white, milliner, $340 in personal property, born NY, moved from MO
*  D A Smith - age 13, female, white, born WI, moved from MO
*  D.D. Smith - age 11, male, white, born WI, moved from MO
*  M A Smith - age 8, female, white, born MO, moved from WI

In the 1880 U.S. census, there are two entries for this family.  The D.J. Smith family was listed in Shannon township, Pottawatomie County, Kansas.[10] The household included:

*   D.J. Smith -- white, male, age 41, married, no occupation, born NY, father and mother born NY
*  Abba A. Smith -- white, female, age 37, wife, married, keeping house, born NY, father born England, mother born NY
*  David D. Smith -- white, male, age 16, son, single, born WI, father and mother born NY
*  Mami Smith -- white, female, age 14, daughter, single, born WI, father and mother born NY
*  E. Kearnes -- white, male, age 21, single, born  IA
*  Jos. P. Vaux -- white, male, age 35, brother-in-law, single, born NY, father born England, mother born NY

In the 1885 Kansas State Census, the D.J. Smith family resided in Clyde township, Cloud County, Kansas).[11] The household included:

*  D.J. Smith - age 46, male, white, married, a speculator, born Ohio, moved from WI
*  Abby A. Smith - age 41, female, white, married, born NY, moved from WI
*  Della Smith - age 23, female, white, a music teacher, born WI, moved from WI
*  D.D. Smith - age 21, male, white, a livery keeper, born WI, moved from WI
*  Matie Smith - age 18, female, white, a music teacher, born WI, moved from WI

In the 1885 Nebraska State Census, the D.J. Smith family resided in McCook, Red Willow County, Nebraska.[12]  The household included:

*  D.J. Smith - white, male,  age 45, wife, a foreman (?), born New York, father born N.Y., mother born N.Y.
*  Abbie Smith - white, female, age 41, daughter, at home, born New York, father born Eng.
*  Della Smith - white, female, age 23, born Wisconsin, father born N.Y.
*  Matie Smith - white, female, age 19, born Wisconsin, father born N.Y

On April 1, 1885, they bought a farm from John Dunbar in McCook, Red Willow County, Nebraska.  They built a barn and started the Blue Front livery stable which was run by son David Devier Smith.

At one point in his career, D.J. Smith sold hair tonic for $2 a bottle (see the advertisement below).   As part of his livery business, D.J. Smith patented a harness rack on 1 December 1885 while in Wano.  

Devier J. Smith of McCook, Nebraska was granted United State Patent Number 331,565, dated December 1, 1885, titled "Harness-Rack."  The first paragraph of the Patent specifications says:

"Be it known that I, DEVIER JAMES SMITH, a citizen of the United States, residing at McCook, in the county of Red Willow and State of Nebraska, have invented certain new and useful Improvements in Harness-Racks;"

The witnesses that signed the application are Matthias L. Loucks and George Laverty.  The accompanying figure includes the signatures of Devier J. Smith, Loucks and Laverty.

D.J. Smith and D.D. Smith were listed in the 1886 City Directory for McCook, Nebraska as:

"Madison bet. Dodge & Douglas, D.J. Smith & Co."

A newspaper article in the Wano, Kansas Plain Dealer newspaper was published in about 1889.[13]  The article said:

"D.J. SMITH
was born in Jefferson County, N.Y., in 1839.  Moved from there with his parents at the age of four years to Dodge county, Wis., when that state was a territory.  Resided there for twenty-three years, being engaged in farming and hotel-keeping.  Moved from there to Bedford, Taylor county, Iowa, and engaged in farming and the livery business. From there moved to Andrew county, Mo., where he lived one year, and then to Concordia, Cloud county, Kansas.  Remained there six years in the livery business and then handled cattle for three years there; also traded and speculated for three years at that place.  April 1, '85, he moved to McCook, Neb.; bought out John Dunbar, built a barn and started a livery.  April 27, '85, he came up the valley with Mr. Dunbar, and located the land that he now owns.  Two of his children have land contiguous to his.  He and Mr. Dunbar slept on the present site of Wano when there was not a roof to cover them.  May 8, '85, he commenced building on his land, and came here to reside permanently November 5 of that year and has been here since.  He and the other members of his family have about seventy acres of breaking done, and four thousand dollars worth of improvements made.  Has apples and all kinds of small fruits growing that are doing well.  Has raised two crops, one fair and from the sod in '85, and a splendid one in '86. Mr. Smith has been all over this state and several others, and says Kansas is the grandest state in the Union, and Cheyenne county the banner county in Kansas, and predicts a grand future for it.  He is one of the best farmers in the county, and is noted for his thrift, economy and common sense.  The PLAIN DEALER wishes him all imaginable success."

On 9 August, 1889, Devier J. Smith patented 160 acres of land in the west half of the southwest quarter and the west half of the northwest quarter of Section 11 of Township 3 south, Range 40 west in Cheyenne County, Kansas.[14] This was in the township of Wano.  

A Smith Family Bible entry reads:

"Spring Ranch, Cheyenne Co, Kans.  I wrote the Marriages, Births and Deaths of our Little Daughter & son this 10th day of Nov 1889.  This is the Sabath,  I have written a letter to my Dear Wife in National City California a Daughter and son-in-law there with a Granson and Son and Daughter and Daughter-in-law in McCook Nebraska.  Myself on the Ranch alone.  have read a number of Chapters in this good book today it does my Heart good to read the Holy Bible.  May we all praise the Lord forever is my prayer, Devier J. Smith."

On 3 March 1890, Devier J. Smith patented 160 acres of land in the 160 acres in the the southeast quarter of Section 10 of Township 3 south, Range 40 west in Cheyenne County, Kansas.[15]  This was in the township of Wano. 

Several personal letters tell of their life in the 1888 to 1893 time period, including selling Spring Ranch.

Devier J. Smith died on 1 May 1894 in McCook, Red Willow, Nebraska.[16, 17] He is buried in Evergreen Cemetery in McCook.[18]  The gravestone inscription says 

"D. J. Smith, 1842-1894."

An obituary was published in the McCook, Nebraska "McCook Times-Democrat" newspaper.[19]  It read:

"Obituaries-D.J. Smith-Devier J. Smith died Tuesday May 1st, 1894, at the St. Charles Hotel, of heart disease, aged 52 years. Mr. Smith was born in Dodge County, Wisconsin, in May, 1842 and has been in the livery business in this city for several years. He was taken sick last Friday evening and gradually became weaker until death relieved his suffering. The funeral services were held in the M.E. church Wednesday afternoon, Rev. A.W. Coffman officiating and the remains interred in the cemetery at this place under the auspices of the A.O.U.W. lodge of which order he was a member. He leaves a wife and three children, all grown. David D., who took charge of the stable a short time ago, being the only one of the family here, the others live elsewhere. D.D. Smith wishes to thank those who kindly rendered their aid in his time of need. Friday 4 May 1894."

A summons for the heirs of Devier J. Smith was published on page 8 of the McCook (Nebraska) Tribune newspaper on 7 June 1901 and three weeks following.  It read (accessed on the Library of Congress Chronicling asmerica website):

"SUMMONS BY PUBLICATION

"Abbie Smith, David D. Smith, Leva Smith, Matie Chenery, Della Carringer, ----- Carringer, husband of Della Carringer, whose first name is unknown to plaintiff, as heirs at law of Devier J. Smith, deceased, defendants, will take notice that John E. Kelley has filed his petition in the District court of Red Willow County, Nebraska, the object and prayer of which is to foreclose a lien for the delinquent taxes legally assessed and levied on lot number seven (7) in block number thirty (30) in the original town of McCook, in said county, for the years 1891, 1895, 1896, 1897, 1898, 1899, for which taxes said lot was sold to the said John E. Kelley, by the treasurer of said county on September 24, 1900, at a private tax sale. There is now due plaintiff on said tax sale the sum of $29.12, with 20 percent interest thereon from September 24, 1900, and an attorney's fee equal to ten percent of the amount of the decree entered herein, and plaintiff prays for a decree that the defendants be required to pay said sum or that said premises be sold to satisfy the said amount due for taxes, attorney's fees and the costs of this action. You are required to answer said petition on or before Monday the 15th day of July, A.D. 1901.
"John E. Kelley, Plaintiff.
"McCook, Nebraska, May 29, 1901."

No probate records for Devier J. Smith have been found in the Red Willow, Nebraska or Cheyenne County, Kansas probate court records to date.  

5)  SOURCES  (with source citations as indicated in brackets):
 
1. Conclusion drawn from available evidence.

2. Andrew County, Missouri Probate Records, 1841-1918, on 14 FHL US/CAN microfilms, Family History Library, Salt Lake City, Utah; original records in Andrew County, Missouri, courthouse., Volume A, 1842-1888, Pages 360-365, court clerk's transcription, will of Ranslow Smith, accessed on FHL US/CAN Microfilm 1,006,205.

3. "Wisconsin. Legislature: Enrolled Acts, Resolutions, and Memorials, 1836-1943," Wisconsin State Historical Society (Madison, Wis.), Series 188, Box 80, Senate Journal, 1866, #2, Devier Lamphier entry.

4. Smith/Carringer Family Correspondence (Loose Letters, 1888–1902), Abigail (Vaux) Smith list of family births and deaths, Diver James Smith entry, 7 May 1839, originals privately held by Randall J. Seaver, [address for private use], Chula Vista CA 91911, 1988 (great grandson). 

5. unknown, Devier J. Smith, 1889-1920, Devier J. Smith Family Bible [loose pages of Birth, Marriages, Death and Note Pages] (no publication information), Births: Devier J. Smith entry, 7 May 1842.

6. 1850 United States Federal Census, Dodge County, Wisconsin, population schedule, Burnett; Page 43, Line 36, Ranslow Smith household, online database, Ancestry.com (http://www.ancestry.com); citing National Archives Microfilm Publication M432, Roll 996.

7. 1860 United States Federal Census, Population Schedule, Dodge County, Wisconsin, population schedule, Oak Grove; Page 745, Dwelling #704, Family #701, Ranslow smith household; online database, Ancestry.com (http://www.ancestry.com); citing National Archives Microfilm Publication M653, Roll 1406.

8. 1870 United States Federal Census, Taylor County, Iowa, Population Schedule, Benton township: Page 13, dwelling #207, family #207, D.J. Smith household; online database, Ancestry.com (http://www.ancestry.com); citing National Archives Microfilm Series M593, Roll 421.

9. "1875 Kansas State Census Census, Population Schedule", Lincoln township, Cloud County, Kansas, page 12, dwelling #107, family #107, D.J. Smith household; digital image, Ancestry.com (http://www.ancestry.com), citing original data at Kansas State Historical Society, Topeka, Kans., on Kansas State Microfilm reel K-4.

10. 1880 United States Federal Census, Pottawatomie County, Kansas, Population Schedule, Shannon township: Page 243D, dwelling #125, family #125, D.J. Smith household; online database, Ancestry.com (http://www.ancestry.com); citing National Archives Microfilm Publication T9, Roll 393.

11. "1885 Census, Kansas State Census Schedule," Online database, Ancestry.com (http://www.ancestry.com), citing original data at Kansas State Historical Society, Topeka, Kansas., Clyde township, Clay County, Kansas, page 35, line 10, citing Kansas State Historical Society Microfilm K-23.

12. "Nebraska State Census Collection, 1860-1885", 1885 enumeration, Red Willow County, McCook Township; ED 654, Page 3B, Dwelling #35, Family #35, D.J. Smith household; digital images, Ancestry.com (http://www.ancestry.com), citing original data from "Schedules of the Nebraska State Census of 1885," National Archives Microfilm Publication M352, 56 rolls .

13. Abbey Ardelle (Smith) Carringer Scrapbook (newspaper articles and ephemera from 1880 to 1944  pasted on pages of a published book), originals privately held by  Randall J. Seaver, [address for private use], Chula Vista CA 91911, 1988 to present (great grandson), 1889 Devier J. Smith biography from Wano [Kan.] Plain Dealer newspaper.

14. U.S. Bureau of Land Management, "Land Patent Search," indexed database, General Land Office Records (http://glorecords.blm.gov), entry for Devier J. Smith, Cheyenne County, Kansas, Certificate No. 4146.

15. U.S. Bureau of Land Management, "Land Patent Search," indexed database, General Land Office Records, entry for Devier J. Smith, Cheyenne County, Kansas, Certificate No. 2940.

16. unknown, Devier J. Smith, 1889-1920, Devier J. Smith Family Bible [loose pages of Birth, Marriages, Death and Note Pages], Deaths, Devier James Smith entry, 1 May 1894.

17. Smith/Carringer Family Correspondence, Abigail (Vaux) Smith list of family births and deaths, Diver James Smith death entry, 1 May 1894.

18. Robert T. Ray, Cemetery Records for Red Willow County, Nebraska (N.p.: Southwest Nebraska Genealogical Society, 197-).

19. "McCook [Neb.] Times-Democrat,"  Online database, "Early McCook Newspapers," Southwest Nebraska Genealogical Society (http://www.swsgs.org/~swngs/newspaper/1894_democrat.htm), D.J. Smith, obituary, 1894, no date, no page number.

20. unknown, Devier J. Smith, 1889-1920, Devier J. Smith Family Bible [loose pages of Birth, Marriages, Death and Note Pages], Marriages: Devier J. Smith and Abbie Vaux entry, 4 April 1861.


21. Smith/Carringer Family Correspondence, Abigail (Vaux) Smith list of family births and deaths, D.J. Smith and Abbie A. Vaux marriage entry, 4 April 1861.

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