• General Notes

  After marrying in AR  Samuel moved back to Green Co, KY probably in the fall of 1834. It is known that he was a testor on a deed in Crittenden Co, AR between Thomas M. Fletcher and Walter D. Dobrey dated 25 Jan 1834. It is thought he moved back to help his grandparents who were old and ill. It is supposed that Celia's sister, Emily, went with them as well as Samuel's sister, Nancy.
  
  Samuel M. Despain was an appraiser for Barnet Rupe Estate 25 Nov 1835 and received $2.00 for his service. He also purchased items at the sale.
  
  Samuel was living in Green Co KY in 1837 as stated in Circuit Court Case #3977.
  
  1837 Green Co, KY Circuit Court Case #9442 - Silas DSpain vs. Marshall DSpain and Samuel M. DSpain. Silas stated he holds a note on Marshall and Samuel M. for $58.00 dated 11 Feb 1837. The note has not been paid and Silas wants judgement on it.
  
  AR Land Records: Samuel M. Spain, 160 Acres Sec 20, T 9N, R 8E, 28 Jul 1838, Chittenden Co. Patented with Isaac Heffington, both of Crittenden Co, tenents in common.
  AR Land Records: Samuel M. Spain, 100 Acres Sec 10, T 17S, R 1E, 28 Jul 1838, Chicot Co, patented with Isaac Heffington, both of Crittenden Co, tenents in common.
  AR Land Records: Samuel M. D. Spain, 40 Acres Sec 12, T 14N, R 3W, 10 Jul 1844, Independence Co. Samuel was listed as living in Lawrence County.
  
  Samuel moved back to Crittenden Co, AR from Green Co, KY in 1838.
  
  In his first land deed in Chittenden Co., Samuel purchased the land with Isaac Heffington. It is wondered if there is some family relationship. At the time of the last land purchase on10 Jul 1844, Samuel was living in Lawrence Co, AR. His purchase of 40 acres was in Independence County. There was an Isaac Heffington in Independence Co, AR in 1860 census, page 156. From the Internet the Heffingtons were from KY & TN. In the last  half of 1820's they were located in Lauderdale Co, AL. Isaac's first wife is unknown, but she could be  a Matthew's relation.  Most of Isaac's first children were listed as born in MS.
  
  FROM: Wills & Administrations of Crittenden Co, AR - Samuel M. D Spain died 18 Oct 1839. Sela Despain applied for Letter of Administration 17 Feb 1840. Probate records, page 30. The petition stated that Samuel was a citizen of Crittenden Co, AR. It now appears that Samuel did marry and died before the 1840 census. This leaves the mystery of Samuel M. D. Spain's land purchase in 1844 in Independence Co, AR. It is known that it took at least 3 or more years between the time the land was patented and when it was recorded. It has now been proven that this was Samuel's land as his minor heirs, James P. and Nancy C. DeSpain, claimed the land  via their guardian, John Holloway. John asked the court for permision to sell this land in 1851. 
  
  County of Crittenden & State of Arkansas page 30 -"To all persons to whom these presents shall come - Greeting know to that whereas Samuel M. D Spain of the County of Crittenden died intestate as it is said on or about the 18th day of October 1839 having at the time of his death personal property in this State which may be lost, destroyed or deminished in value if speed can be not taken of the same to the end thereof that said property may be collected. preserved & dispersed of according to law we do hereby appoint Sela D Spain administrator of all singular the goods and chattles, rights, credits which were of the said Saml M. D. Spain at the time of his death with full power and authority to secure and dispose of the said property according to law and to collect all moneys due said deceased and in general to do and preform all other acts and things which hereafter may be required of her by law.
  In testimony where of I, William Amistead, Clerk of the Circuit Court and offical Clerk of Probate in and for the County of Crittenden aforesaid have hereto set my hand and offical seal of said court and office the 17th of Febuary A.D. 1840."
  
  The unusual long time between Samuel's death and the request for the Letters of Administration might be because he was away setting up a new homestead and he patented the land in Independence Co, AR at that time.
  
  Crittnden Co, AR Probate records, 9 Jan 1844, page 113: Ordered by the Court that William O. DSpain be appointed guardian of James Spain & Nancy Spain minor children of Samuel Spain, deceased, under the age of 14 years and that he enter into bond to them with sufficient security in the sum of $300. This is proof that James & Nancy are Samuel's children.

Details of Samuel M's family with Celia Despain