1848, October 9 - This is a document drawn up by O.S. Poston, Commissioner of Mercer County, at the direction of the Mercer Curcuit Court and acknowledged in open court and owned to be entered Oct 9th 1848. After the death of William Daniel it appears that there was some dispute between Coleman Daniel and other members of his family over the interest William Daniel had in a portion of the land that made up Benjamin Daniel's estate. See Documents DANI-KY-0032 and DANI-KY-0033. When Benjamin Daniel's land was laid off for his heirs (DANI-KY-0033) in 1843, the portions that should have been given to Margaret Daniel (the Dower), his widow, and three of his sons, Coleman Daniel, William Daniel, and Mercer Daniel, and his daughter, Martha Daniel, were not laid off, but were left combined. This was presumably done at the bequest of these heirs. However, when William Daniel died, sometime prior to this document being drawn on 9 Oct 1848, the situation became complicated and this it was necessary for the court to straighten it out. Whether this was an actual disagreement between Coleman Daniel and his brothers and sisters, or was simply a legal necessity is not known.
Page: Daniel Folder
Text: This deed of Indenture made and executed this 9th day of October in the year 1848 between Phenton Smart and Henry P. Smart her husband....parties of the first part....

He is listed on the 1830 Census for Mercer Co., KY.720
1 male 40 to 50
1 female 30 to 40
Plus 8 other youngers members of the household.

On December 20, 1843 Henry and his wife Phenton sold to Osway P. Daniel, their right, title and interest in 250 acres of land on which Benjamin Daniel lived and died for the sum of $250. The part being conveyed descended to Phenton Smart from her father Benjamin Daniel and is located on Kentucky River on which is known as the Bend and adjoins Elizabeth Gordon - James Raney and the Shakers. It was signed by Henry P. Smart and Phenton Smart.721

They were married by the Rev. John Rice.718