Reconstruction era – 1869

Part of the ‘Smith family history’ series

In early 1869 Robert Windsor Smith and his wife Mary were living in Atlanta. Mary was pregnant with their third child. Their first had died after only 3 months in 1866 and their son Eugene had turned 1 in September of 1868. Robert was working as an Express Messenger and the family was living on Whitehall Street, less than a mile from the bustle of downtown Atlanta which was rapidly being rebuilt.

Robert’s younger siblings Mary, Windsor, and Lillie were still in Cleveland, TN with his mother Eveline. Eveline was remarried in December of 1865 to Meredith Webb Legg who had sold the farm property to Robert’s father Larned Windsor Smith prior to his death in 1861. My suspicion was that the marriage was born of necessity, and a letter written from Eveline to William McNaught describes the circumstances as less than ideal. Legg was making Eveline pay for food and clothing for herself and her children. The letter is simply dated “October 7”, but my guess is that it was written in either 1867 or 1868. It is signed “E M Legg.”

Courtesy Kenan Research Center at the Atlanta History Center

10/7/? letter transcription

October 7

Mr. McNaught

I wish to have the balance of the lot on which Robert lives divided between my three youngest children. If I have any right to any the rest of Mr. Smith’s property in Atlanta I wish it divided equally between all of my children. What property I may have in Tennessee to be equally divided with my three youngest children. Mr. Legg said he was willing to give up all right he might have to Mr. Smith’s property provided I would release all claim to his, which I would gladly do but Mr. Gaut says there is no law by which a woman can release her dower before her husband dies. She does not really come in possession of it until then.

After looking over the law Mr. Gaut said I could make a will, giving all right I had to Mr. L’s property to his children. Mr. L is not satisfied with this and I fear the only hope now is to bring me in debt to the children, for the full amount of whatever property I may have. My conscience is clear in recommending this as he not only charges my children board but makes me pay board and clothe myself. From what Sister tells me there is danger that we may never collect those debts of Lyon and Scofield. I fear Hammond is not right. How could he let Scofield swear to a falsehood, and not molest him. I wish you would tell me candidly how this matter stands, it is best that the children should know the worst.

I am sorry you sold your lot to raise money to start the girls to school. Two thirds of the lot joining Robert belongs to them, could they not be sold for something to help them at Bardstown?

Under these circumstances if you think a will will be of any use to my children, have it made and I will sign and send it back to you.

E M Legg

Whatever the circumstances of their arrangement, it would not last terribly long. Eveline Mosely Spencer Smith / Legg passed away on May 25, 1869 at the age of 49. The cause of death is unknown. Eveline is interred alongside Larned Windsor Smith and their three infant children in Cleveland, TN at the Hayes Shed & Michigan Avenue Cemetery. Interestingly, Eveline’s grave stone makes no mention of Mr. Legg but says:

EVELINE MOSELY

WIFE OF

L. WINDSOR SMITH

At the time of Eveline’s death, Robert’s siblings’ were still minors and their ages were as follows:

• Mary Kezia Smith: 17
• Leonard Windsor Smith: 16
• Eva “Lillie” Spencer Smith: 9

On June 13, 1869 M. W. Legg writes a letter to McNaught indicating that he is willing to be named guardian of the minors. Of course, he also suggests that he will need to continue to receive funds from the Smith estate in order to pay for schooling. At this time Mary was enrolled at a school in Bardstown, KY, which Legg referred to as “Nazareth”, presumably a reference to a school operated by the Sisters of Charity of Nazareth.

Dear Sir,

Since the sad event which has taken place in our family, it has become necessary for a guardian to be appointed for the minor heirs of L. Windsor Smith.

I have been solicited by Robert, Mary, and Windsor to act as guardian for the minor heirs.

One month after Legg penned the previous letter to McNaught, Mary gave birth to her and Robert’s first daughter, Evelyn Alexander Smith on July 13, 1869. Her first name is clearly in honor of her recently departed paternal grandmother Eveline, and the middle name of Alexander comes from her maternal grandmother Jane Alexander Wright. Evelyn would ultimately live in my current home in the Kirkwood neighborhood of Atlanta, but we’ll get to the details of that later.

Apparently the issue regarding Robert’s share of the Cleveland property as specified in his father’s will was still a topic of some contention. The will originally stated that Robert received the lower part of the Cleveland, TN farm but at a price of $2,548. On July 24, 1869 Legg writes a letter to Robert confirming that the will is valid, however at the same time informs Robert that his share of the property is “not worth more than half the price stipulated in the will.”

Courtesy Kenan Research Center at the Atlanta History Center

By August Legg has been legally named guardian of Eveline and Larned’s minor heirs and by the end of the month Robert’s younger brother Windsor (Leonard) is attending the Virginia Military Institute in Lexington, VA. Correspondence between Legg and McNaught continues around this time, primarily revolving around debts owed to Legg by the estate for schooling and previous years of supporting Robert’s siblings.

Next we will look at the U. S. census for 1870 and learn details regarding the L. W. Smith estate’s subdivision and disposal of the remaining properties on Whitehall Street in Atlanta.