The first mention I have is that grandma Nancy filed for a divorce from her ne'r do well husband, Berry Hill, The details follow here:
Scott Co. TN Circuit Court Order Book
Causes Determined July 1854
Nancy Hill
V } Divorce
Berry Hill
To the Hon. E. Alexander Judge S C
The Petition of Nancy Hill formally Nancy Smith a citizen of Scott county State of Tennessee, respectfully represents unto your Honor that some time about the year 1838 or thereabouts she was united in wedlock to one Berry Hill then a citizen of Campbell county Tennessee now as your Petitioner
is informed and believes a citizen of Kentucky - your Petitioner States that she lived with her said husband from the time of the union up to the year 1851, except the Space of about three years when he was absent from her during all which time she faithfully demeaned herself as a dutiful loving and obedient wife. About December in the year 1851 her said husband took one Rebecka (sic) Slava or Slaven and left the State of Tennessee leaving without just cause. your Petitioner and her said husband has since the last mentioned time been living in open and notorious adultry with said Rebecca Slavy or Slaven the primises(?) consider(?) your Petitioner prays your Honor that the said Berry Hill a nonresident of this State, be made a party defendant to this Petition and required to answer the same and that on the final hearing of this cause your Honor dissolve the Bonds of Matrimony hereunto existing between the Said Berry Hill and Petitioner and that Petioner be restored to all the rights privileges and immunities of a free sole and for general releif(sic) and that process issue and she will pray &c
Nancy Hill
Young Sol (???)
State of Tennesse Scott county, this day personally appeared before me John L Smith Clerk of the Circuit court of Scott county Nancy Hill the Petitioner and makes oath that the facts Stated in the foregoing Petitioned of her own knowledge are true and those Stated on information she believes as true That she makes this aplication(sic) not out of collusion or levity with her said husband but in good faith for the purposes therein set forth,
Sworn to and subsanted(sic) before me this the day of December 1853
Nancy Hill (her mark)
J L Smith Clerk
State of Tennesse Scott county on this the second day of December A D one thousand eight hundred and fifty three personally appeared before me John L Smith Clerk of the Circuit Court of said County Nancy Hill who being duly
Sworn according to law States that owing to her Poverty she is unable to bear the expenses of the Suit this commenced in the circuit court of said county by a petition for a Divorce, and that she is entitled to a recovery for a matter within the Jurisdiction of the Court
Sworn to and subscribed
Nancy Hill her mark
before me on the day and year last above written J L Smith Clerk
Now in 1854
there is a divorce granted along with two interesting notes that failed to catch my full attention when I found this decree on line (Thank you "Lanny R. Slavey" lrslavey@skn.net> and by Robert Slavey < slavey@laserpower.com> at Rootweb Slaven-Slavey mailing list)
Divorce Nancy Hill vs} Berry hill
Be it remembered that this cause coming on to be finally heard and
determined before the Honerable Ebenezer Alexander Judge &c upon this the 25th day July AD 1854 upon the bill and proof and it appearing to the
satisfaction of the court that the complaintant is a citizen of the county
of Scott and that the defendant Berry Hill had been served with a subpoena
and copy of said bill, and that the said Berry Hill had been guilty of
adultry as charged in said Petition The court is therefore pleased to
order adjudge and decree that the bonds of Matrimony heretofore existing(?)
Said Nancy Hill and defendant Berry Hill be dissolved and for nothing held
and that the name of Petitioner be changed from Nancy Hill her present name
to that of Nancy Smith her maiden name, It is further ordered that the said
berry Hill pay the costs of this cause and that execution issue and that
the defendant is inhibited and enjoined from in anyway interferring with or
taking possession of either of Petitioners Children
Nancy SMITH Hill had TWO apparently underaged children in 1854. This is when I realized the Nancy Smith near Henry Hill in 1860 was his mother .
Duh ! And I had this info for how long?
Here is a Berry Hill note I have always found intriguing, Sally is called Slaven
Scott Co. TN Circuit Court Minutes, January, 1859, in the case of the State of TN versus Berry Hill and Sally Slaven, on the charge of Lewdness: cause stricken from the document.
Berry was living with a Sarah age 35 and two children (Wm 12 and John 2) in 1860,
In 1870 Sallie age 30 (Wm 22 and John 14 _ other children)
and 1880 Sarah age 40 and John is now 25
The ages of are Berry is 40 (1863) and 50 and 67
The ages of William and John are more consistent so I am confident this is the correct Berry Hill and I believe the 1860 census is the closest to the correct age.
According to the Civil War registration found at Ancestry.com
| Berry Hill | |
| Wayne, Kentucky | |
| 2 | |
| 8th | |
| Age on 1 July 1863: | 44 |
| abt 1819 | |
| White | |
| Kentucky |
This look at Berry is how I made a discovery that has not been useful yet, but I know it will be some day.....g-g-grandfather Berry Hill lived next door to g-g-grandfather Benjamin Smith. Now I could just presume that the proximity of the two families is what led to the later marriage of Wm Smith to Crecia Hill. But I think the two families were relatives not just neighbors.
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