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Alexander Gilreath, Sr.

Male 1755 - 1853  (97 years)


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  • Name Alexander Gilreath  [1, 2, 3, 4, 5, 6
    Suffix Sr. 
    Born 15 Nov 1755  , , Granville (later Bute now Warren) County, North Carolina Province, Colonial America Find all individuals with events at this location  [3, 5, 6, 7, 8
    Gender Male 
    Died 11 Nov 1853  , , Wilkes County, North Carolina, USA Find all individuals with events at this location  [5, 7, 8
    Buried Alexander Gilreath Family Cemetery, Old Gilreath, Wilkes County, North Carolina, USA Find all individuals with events at this location  [7
    Person ID I311  Main
    Last Modified 13 Feb 2011 

    Father William Gilreath, Sr.,   b. 28 Apr 1730, , , Craven (later Bute now Warren) County, North Carolina Province, Colonial America Find all individuals with events at this location,   d. Between 2 Oct 1794 and 6 May 1795, , , Newberry County, South Carolina, USA Find all individuals with events at this location  (Age 64 years) 
    Mother [--?--],   b. Est 1730,   d. Yes, date unknown 
    Family ID F1939  Group Sheet  |  Family Chart

    Family Elizabeth Souther,   b. 11 Mar 1762, , , Culpeper County, Virginia Province, Colonial America Find all individuals with events at this location,   d. 1850, , , Wilkes County, North Carolina, USA Find all individuals with events at this location  (Age 87 years) 
    Married 7 Jun 1781  , , Wilkes County, North Carolina, USA Find all individuals with events at this location  [8, 9
    Children 
     1. Mary "Polly" Gilreath,   b. Abt 1782, , , Wilkes County, North Carolina, USA Find all individuals with events at this location,   d. Yes, date unknown  [natural]
     2. Jeremiah Gilreath,   b. Abt 1784, , , Wilkes County, North Carolina, USA Find all individuals with events at this location,   d. 3 Jul 1849, , , Union County, Georgia, USA Find all individuals with events at this location  (Age ~ 65 years)  [natural]
     3. George Gilreath,   b. Abt 1786, , , Wilkes County, North Carolina, USA Find all individuals with events at this location,   d. Aft 6 Jul 1860, , , Morgan County, Tennessee, USA Find all individuals with events at this location  (Age ~ 74 years)  [natural]
     4. Rhoda Gilreath,   b. Abt 1787, , , Wilkes County, North Carolina, USA Find all individuals with events at this location,   d. , , , Kentucky, USA Find all individuals with events at this location  [natural]
     5. Lucy Gilreath,   b. 13 Nov 1793, , , Wilkes County, North Carolina, USA Find all individuals with events at this location,   d. 3 Jul 1877, , Vashti, Alexander County, North Carolina, USA Find all individuals with events at this location  (Age 83 years)  [natural]
     6. Larkin W. Gilreath,   b. Abt 1796, , , Wilkes County, North Carolina, USA Find all individuals with events at this location,   d. Abt 1858  (Age ~ 62 years)  [natural]
     7. James Harvey Gilreath,   b. Abt 1798, , , Wilkes County, North Carolina, USA Find all individuals with events at this location,   d. Yes, date unknown  [natural]
     8. Noah Gilreath, Sr.,   b. Abt 1801, , , Wilkes County, North Carolina, USA Find all individuals with events at this location,   d. 1853, , , Wilkes County, North Carolina, USA Find all individuals with events at this location  (Age ~ 52 years)  [natural]
     9. Elizabeth Gilreath,   b. Abt 1806, , , Wilkes County, North Carolina, USA Find all individuals with events at this location,   d. Yes, date unknown  [natural]
    Last Modified 13 Feb 2011 
    Family ID F148  Group Sheet  |  Family Chart

  • Notes 
    • (Research):Wilkes Co. NC Deeds
      T-440: 17 Sept. 1859, Esley Staley? Esq., High Sheriff of Wilkes Co. NC, to Thos. H. Saintclair and Wm. B. Transon of Wilkes Co. NC, by virtue of an execution from Superior Court at Special Term 3rd Monday after 4th Monday, May 1859, against property of John Ray and John Duncan for $70.64, recovered by Thos. H. Saintclair and wife Elizabeth of said John Ray and John Duncan; sheriff on 14 Sept. sold 200 acres to satisfy the recovery and costs, land near the branch and near Jeremiah Gilreath's line, to my N. & S. line, then with my line to the corner, adj. lands of Alexander Gilreath decd. (too faint) by William L..son to John Duncan, including the place where Samuel Anderson formerly lived and died on the Brushy Mountains on Grassy branch ... sold to highest bidder. (FHL film 20,140)

      17 Jun - 20 Aug 1780 Soldiers who served under Capt. William Lenoir Extracted by Combs Researcher Sue Elfving from a page copied from Early Settlers of Reddies [sp?] River by Paul W. ___gory [can't read last name], published by The Wilkes County Genealogical Society, 1976, p. 44
      SE Note: The use of ditto marks and capitalized surnames are mine. Memoranda found among William Lenoir's unpublished manuscripts lists the soldiers who served under him in a number of different campaigns. These manuscripts are on file at the University of North Carolina at Chapel Hill. Listed below are names and dates of several of these expeditions showing the names of the soldiers, their rank, the number of days paid (when given) and the expeditions in which they served.

      Expeditions to Ramsoners? etc. [Ransour's Mill?]
      (17 June - August 20, 1780)

      William LENOIR, Capt. _______ William Newberry 13 days
      John PARKS, Lieut. 34 days Charles Crenshaw 39 days
      Sam JOHNSON, Ensign 38 days John TOLIVER 24 days
      Nathaniel Gordon, Ensign 19 days John Vickas 14 days
      John Whitaker 10 " George Parks 14 days
      Pleasant Profit 14 " Joseph Holeman 10 days
      Alexander Gilreath 18 " Charles Reynolds 10 "
      Joel Chandler 24 " Gabriel Smether 10 "
      Elijah Vickas 14 " Wiliam Jones 8 "
      David Burn Sr. 14 " Elisha Reynolds 44 "
      Charles Hardman 24 " Joseph Porter 14 "
      Devereux Bullard 25 " James Reynolds 14 "
      Moses TOLIVER 14 " Josiah Chandler 14 "
      Reubin Smether 48 " John TOWNZEN 38 "
      Thomas L. Jones 3 " William Profit 44 "
      Chapman Gordon 49 " Thomas Newberry 13 "
      James Sheppard Sr. 3 " Benjamin Brown 14 "
      Rich Price 14 " Jesso Ray 14 "
      John Horton 43 " David Allen 5 "
      Aaron Parks 14 " William COMBS 29 "
      John Pitman 13 " Edward Bell 30 "
      Job Cole 5 " Edmond Simpson 20 "
      Thomas Isbell 5 " James Touson 24 "
      James Woolbanks 20 " George Gordon 20 "
      Joshua TOUSON 24 " Benjamin Yeargain 9 "
      Shadrach TOUSON 24 " Benjamin Hamrick 4 "
      George COMBS 24 " James Fletcher 14 "
      William Gilreath 4 " Henry CARTER 14 "
      Ben Fletcher 4 " Thomas Stubblefield 4 "
      Lettle Tony ? 4 " John Gray 4 "
      Harvey Martin 4 " Richard Watts 4 "
      Samuel Harver 4 " Charles Vickas 4 "
      William Trible 4 " Samuel Burdine 3 "
      William Sutlon 3 " William Smith 3 "

      The State of North Carolina granted 50 acres of land on the Brushy Mountain in Wilkes County to Alexander Gilreath for 50 shillings per acre on 13 Dec 1799. The tract of land is described as "Beginning at his corner white Oake Runing west with his line one hundred and twenty six poles to a chestnut, thence South sixty three poles to a Stake in Samuel Wilsons line, then East one hundred and twenty six poles to a Stake, thence North sixty three poles to the Beginning"

      Henry Hayes being duly sworn deposeth as follows
      Question 1st by Plff: Did you work on Alexr Gilreaths farm about the year 1845 and afterwards
      Answer: I think I did about that time I worked there off and on some for several years

      Question 2nd: Was there 2 horses and a stock of cattle hogs & sheep in 1845
      Answer: I don't recollect that there was 2 horses at that time or not I think there was a very good stock of cattle hogs & sheep

      Question 3rd: Was there good house hold & kitchen property
      Answer: they were reasonably well off in there house & kitchen

      Question 4th: What is your Impression that the stock & house hold and kitchen property were worth at that time
      Answer: I think it was worth $300.00

      Question 5th: How many sheep did Noah tell you Alexr Gilreath had about that time
      Answer: He said thirty some odd

      Question 6th: What did you hear Noah Gilreath say about what money he had and what time it was
      Answer: He said he had not money to pay his tax unless he broke in on his gold and silver

      Question 7th: How many sheep was sold at Allens sale
      Answer: I think but one

      Question 8th: Did Noah Gilreath still a heap of grain
      Answer: I think he did first & last

      Henry Hayes continued

      Question 9th: How long did you still for him
      Answer: I think something like 8 or 9 weeks

      Question 10th: How much whiskey do you think you made a week
      Answer: I think about 24 gallons

      Question 11th: did Noah sell that whisky and get the pay
      Answer: I recon he sold what he did not make use of

      Question 12th: Did Alexr Gilreath have any whisky to sell to your knowledge
      Answer: I think not to my knowledge

      Question 13th: What is your impression about the profits made by selling the whisky
      Answer: I suppose reasonable profit

      Question1st by Defendants: What kind of work did you do there
      Answer: I done various kinds of work

      Question 2nd: Who hired you and who paid you for the work
      Answer: Noah Gilreath

      Question 3rd: dont you know that the kitchen was burnt and every thing in it
      Answer: I expect it was

      Question 4th: Dont you know that Noah Gilreath built a new kitchen after the old one was burnt
      Answer: Noah Gilreath built it

      Question 5th: What time did Noah say the old man had 30 odd head of sheep
      Answer: I think about the year 1846 or 7

      Question 6th: What time was Allen's sale
      Answer: I think in 1854
      Test Geo W Smoot J P Henry Hayes

      William B. Transou being duly sworn deposeth as follows
      Question 1st by Plff: How much money did you hear Noah Gilreath say he had on hand and at what time
      Answer: I think I herd him say he had five or six hundred dollars my impression is it was since 1845
      Test Geo W Smoot JP Wm B. Transou

      Joshua Laws being duly sworn deposeth as follows
      Question 1st by Plff: What was the conversation you had with Noah Gilreath about Alexander Gilreath's mark
      Answer: I herd him say Alexr Gilreath's mark was a crop and a slit in each year
      Test Geo W Smoot JP Joshua Laws

      David Gray being duly sworn deposeth as follows
      Question 1st by Plff: What did you hear Noah Gilreath say about the selling a negro girl named Elmira
      Answer: I herd him say the girl was sold and that he had received the money

      Question 2nd: Did you want to borrow the money of him
      Answer: I did speak to him about it but he said he wanted to put it in the bank

      Question 3rd: What do you know about his lending the money to H. T. Dyer
      Answer: I herd him say he had loaned the money to Dyer

      Question 4th: What amount of money did he say he had received for the girl
      Answer: I think it was 525 or 550 dollars

      Question 5th: When did this conversation take place concerning the money
      Answer: I think it was in the fall of 1849 Perhaps in September or October I ant certain

      Question 1st by Defendant: How long have you known Alexander Gilreath
      Answer: About 25 years

      Question 2nd: You have been at his house frequently have you not till about 1849
      Answer: I have been at his house frequently until about that time

      Question 3rd: What was his fare and attention
      Answer: I thought his fair was good and he had plenty
      Test Geo W Smoot JP David Gray

      Depositions taken September 15th 1855 in the case of George Gilreath Exr of Alexr Gilreath Deceased against Elizabeth Gilreath & B. C. Gilreath Exrs. Of Noah Gilreath Decd the parties all present

      Shadrach Stanley Being duly Sworn deposeth as follows
      1st Question by Pltff: What did you hear Noah Gilreath say about what money he had by him Shortly after he sold the Negro girl Miry
      Answer: He told me he had six thousand dollars by him at that time

      Question 2nd: did he offer to lend you money before that time and if he did how much
      Answer: he offered to lend me two hundred dollars

      Alexander Gilreath being duly Sworn deposeth as follows
      Question 1st by plff: do you know how much Land your grand father had
      Answer: I do not

      Question 2nd: had he not a large bound of land about where he lived
      Answer: I think he had about 4 or 5 hundred acres and perhaps more I dont know precisely

      Question 3rd: did your grandfather and your uncle Noah both live on the same tracts of land
      Answer: they did as far as my knowledge extends

      Question 4th: was there not considerable profits made on that land
      Answer: It is my impression there was

      Question 5th: is not the best of that land cleared and wore out
      Answer: I think it is

      Question 6th: what do you think the rent of that land would be worth in the year 1852&3
      Answer: I think at the lowest estimation it would be worth forty dollars a year

      Question 1st by Dft: was that a very poor tract of land or was it not
      Answer: It was mostly thin land

      Question 2nd: what was the land worth
      Answer: My impression is that the whole of the land was worth three hundred dollars

      Question 3rd: do you know how your grand father and your uncle Noah lived on that land
      Answer: I dont no any thing about their agreement

      Question 4th: State what you have herd the parties say about their agreement
      Answer: I dont recollect that I ever herd them say any thing about it

      Question 5th: State what you think the profits of the place was worth
      Answer: I am not able to say

      Question 6th: In what way do you think considerable profits were made on the place
      Answer: It is my impression the profits were made by cultivating the land and by the orchard and black Smith Shop

      Question 7th: do you not no that your uncle Noah and your Grandfather had to buy grain almost every year since your recollection to support the families and keep up the stock
      Answer: I dont no that I recollect that Grand father ever bought any I think uncle Noah bought some once at a sale

      Question 8th: what did they take in exchange for work done in the Shop grain or money
      Answer: I think it was mostly in trade

      Question 9th: was not this trade either corn wheat rye or Bacon
      Answer: It is my impression it was

      Question 10th: How long has it been to the best of your recollection since the best of that land was worn out
      Answer: I cant say but I should think some fifteen years ago

      Question 11th: What relation are you to George Gilreath Exr. of Alexr. Gilreath Decd
      Answer: his son

      Question 12th: How do you think your Grand father & Grand mother were taken care of in their old age
      Answer: I think they were taken care of by uncle Noah Alexander Gilreath

      James Hays being Sworn deposeth as follows
      Question 1st by Plff: What is your knowledge concerning the bounds of Alexr Gilreaths decd land and the quantity of land
      Answer: I think they are tolerable large bounds I think there is four or five hundred acres of land

      Question 2nd: was there not good land about the Buck knob since you knew the land
      Answer: The land was cleared and wore out before I knew the land

      Question 3rd: how long has it been since you knew the land that is the Buck knob tract
      Answer: about twelve years

      Question 4th: was there not land cleared and wore out on the other tracts since you knew the land
      Answer: there was

      Question 5th: was not there farms large on the different tracts
      Answer: It was tolerable large for our Mountain country

      Question 6th: did they not raise good crops of corn Rye oats & some wheat
      Answer: tolerable crops or corn & rye and some oats and a little wheat

      Question 7th: Had they not a meadow
      Answer: they Had

      Question 8th: did not they save a good chance of Hay every year
      Answer: they saved some I dont no how much

      Question 9th: Is it your impression that they raised hay and grain enough to support both families and their stock on the land
      Answer: Some years they did and some years they did not

      Question 10th: did Noah Gilreath still a heap of grain
      Answer: I think he did

      Question 11th: did Noah Gilreath sell the whiskey himself
      Answer: he did the most of it

      Question 12th: did my father ever sell any to your knowledge
      Answer: I do not know that he did

      Question 1st by Defendant: What do you think the lands of Alexr Gilreath Decd are worth
      Answer: My impression is it is worth three hundred dollars

      Question 2nd: how much land do you think has been cleared on all the tracts
      Answer: My impression is there has been two or three hundred acres cleared

      Question 3rd: Was not the most of this cleared before you knew the place
      Answer: It was

      Question 4th: have you had your blacksmith work done there
      Answer: for several years I have

      Question 5th: what did you pay for the work in
      Answer: I generally payed it in grain

      Question 6th: where did you deliver the grain at Noah or Alexr Gilreaths House
      Answer: at Alexr Gilreaths House

      Question 7th: How much corn wheat & rye & oats do you think was raised on Alexr Gilreaths Decd land per year
      Answer: I think about 300 bushels of corn rye & wheat

      Question 8th: How long during the year do you think Noah Gilreath stilled whiskey
      Answer: I think about 3 or 4 months

      Question 9th: do you know how many years he was Stilling
      Answer: I do not

      Question 10th: How many Stills were in operation
      Answer: only one

      Question 11th: What do you think was the size of the still
      Answer: about 35 or 40 gallon Still

      Question 12th: do you know who took care of Alexander Gilreath Decd and his wife during there old age
      Answer: I think it was Noah Gilreath and his family

      Question By plff: did or did not Noah Gilreath doo all the trading and keep the shop Book since 1845
      Answer: I think he did

      Question by plff: were there not some Brandy made every year when the orchard Hit
      Answer: there was

      Question by Plff: do you no that Alexr Gilreath Decd ever sold any Brandy
      Answer: I never knew him to sell any

      Question by Deft: was not all the peach orchard and part of the apple orchard dead when you first knew the place
      Ans: I think the peach orchard was all dead and part of the apple orchard

      Question by Deft: do you no that Noah Gilreath ever sold any Brandy except a little to his Neighbors
      Answer: I dont know that he did

      Question by Deft: dont you know that Noah Gilreath allways had to keep Brandy for Alexr Gilreath Decd as he would drink no other kind of spirits
      Answer: I always understood it so

      Harrald Hayes being named[?] H Hayes duly Sworn deposeth as follows

      Question 1st by Plff: Was you at the sale of Alexr Gilreaths Decd property by Hinchey Allen as administrator
      Ans: I was

      Question 2nd: was the cross cut saw sold
      Answer: not as I seed

      Question 3rd: After that did Elizabeth Gilreath get you and Phineas Marlow to value the saw
      Answer: She did

      Question 4th: do you no that Alexr Gilreath had 2 pair of Steelyarn
      Answer: I dont no that he had

      Question 5th: do you no any thing about Alexr Gilreath Decd House hold & kitchen furniture in 1845 & from that on until his death
      Answer: I think there was some house hold property there about that time

      Question 6th: do you know what Stock Alexr Gilreath Decd had about 1845 and until he died such as horses Cattle hogs
      Answer: I think when I first got acquainted he had two head of Horses & some cattle & hogs I dont know how many

      Question 7th: do you think he had Stock enough for the support of his family
      Answer: I dont know whether he had or not

      Question 1st by Deft: Whose saw was it that you and Phineas Marlow valued
      Answer: We valued the saw as the property of Alexander Gilreath which he wild to Noah Gilreath and Elizabeth Suthards in order for her to pay Suthards their half of the saw

      Question 2nd: do you know that Alexr Gilreaths Decd Kitchen house was burnt down since the year 1845
      Answer: It was burnt since then

      Question 3rd: Is it not your impression that most of the furniture was burnt at the time
      Answer: My impression is there was some burnt

      Question 4th: do you know what kind of furniture Alexander Gilreath decd had in his house
      Answer: I dont know but little about his furniture

      Question 5th: do you know who supported Alexder Gilreath Decd and his family
      Answer: he was attended to by Noah Gilreath and his family but I dont know who supported him

      Question by Plantiff: did he not have a gang of Negroes and land and a mill & Black Smith Shop to support him in his old age
      Answer: he had

      Question by the Deft: was not the most of the Negroes Women & children
      Answer: the most of them was women & children & some men

      Question by Deft: What would be the profits of that mill
      Answer: I would say the profits was small H. Hayes

      Benjamin Clary being Sworn and deposeth as follows
      Question 1st by Plff: did you buy a cow of Noah Gilreath and if you did what did you give for her
      Answer: I did and I gave twelve dollars for her & calf

      Question 2nd: What was her mark
      Answer: a crop & a Slit in each ear

      Question 3rd: When did you trade for the cow
      Answer: In 1851 at Alexr Gilreaths House

      John Parker being duly Sworn Deposeth as follows
      Question 1st by plff: Did Noah Gilreath sell a cow to Nancy Vickus belonging to Akexr Gilreath Decd or Swap a cow to her belonging to said Gilreath
      Answer: he Swapt a cow to her but I dont that it was Alexander Gilreaths cow

      Question 2nd: what was the ear mark of the cow
      Answer: a crop and a Slit in each Ear

      Question 3th: was Noah Gilreath doing business at the time he Swapt the cow for Alexander Gilreath Decd
      Answer: I think he was

      Question 4th: what did Noah Gilreath do with the heifer he got for the cow
      Answer: he kild her for beef

      Question 5th: what did he do with the Beef
      Answer: he sold some to me & Nancy Vickus and used the balance in the family

      Question By Deft: What did you pay him in for the Beef
      Answer: I paid him in corn John (his x mark) Parker

      Solomon A Martin Being duly Sworn deposeth as follows
      Question 1st by Plff: was you at Alexander Gilreaths Decd when L. J. Bicknell went there as his guardian
      Answer: I was

      Question 2nd: did Bicknell demand property of Noah Gilreath and if he did what was Noah's answer
      Answer: he did demand property and he said he Should not give him up any property that he had been doing business for his father for 15 or 20 years and he property and his father had property and dam you get it if you can, he said his father had a horse some cattle some hogs & a wagon house hold & kitchen furniture

      Question 3rd: was there a wagon sold when Allen sold the property of Alexr Gilreath Decd
      Answer: there was not as I seed, there was some Irons of a wagon sold the wood work excepted

      Question 4th: Did Mr. Bicknell demand the papers
      Answer: he did and demanded the key to the chest to see the papers what they were and what they amounted to the answer of Noah was he knew nothing about the key

      Question 5th: did Bicknells get any property that day
      Answer: he did not

      Question by the Deft: How long after Bicknell demanded the property before the Irons of the wagon were sold
      Answer: I dont recollect

      Question 2nd: In whos possession was the chest that Bicknell demand the keys of to open to get the papers
      Answer: they were in Alexander Gilreaths possession

      Question 3rd: In whose possession was the balance of the property that Bicknell demanded
      Answer: I do not know but my impression was that they were in uncle Noah's possession

      Question 4th: What relation are you to George Gilreath Exr of Alexr Gilreath Decd
      Answer: George Gilreath is my uncle

      Question 5th: what relation are you to Alexr Gilreath Decd
      Answer: he is my Grand father

      Question by Plff: what property was sold at Alexr Gilreaths sale by Hinchey Allen (what stocks)
      Answer: two cows & a calf, one sheep, & one horse and other property amounting in all $108.84 cents S A Martin

      Depositions taken September 17th 1855 in the case of George Gilreath Exr of Alexr Gilreath Decd against Elizabeth Gilreath & B. C. Gilreath Exrs of Noah Gilreath Decd the Parties all present

      L. J. Bicknell Being duly sworn deposeth as follows
      Question 1st by Plff: was you appointed Guardian for Alexr Gilreath Decd and if you were when was it
      Answer: I was & I think in 1850 or 51

      Question 2nd: did you go to Alexr Gilreath to get property
      Ans: I did

      Question 3rd: who did you find doing business for Alexr Gilreath
      Answer: I dont know that I found any person doing business for him

      Question 4th: what did Noah Gilreath say about doing his fathers Business and how long he had been doing it
      Answer: I herd Noah Gilreath say he had been seeing to the old mans Business ever since the year 1822

      Question 5th: Did you demand property of Noah Gilreath and if so what was his answer
      Answer: I demanded property of him and he said he should give me none. I demanded the Negroes belonging to Alexr Gilreath and he said he should not give me them. I demanded the old mans property and he said he had property and the old man had property and get it

      Question 6th: what conversation took place between you & Noah Gilreath after that about the old mans property
      Answer: I proposed to Noah Gilreath to have an order made by the court to sell the old mans property Noah then said he had a horse & waggon and some other property and he would keep the property and be responsible for the property at the proper time

      Question 7th: did Noah Gilreath with hold the deeds of his Fathers lands from you
      Answer: I demanded all his deeds and other papers and he refused to let me have any papers at all

      Question 8th: did you pay tax on Alexander Gilreath sons land and do you know how many acres of land he had
      Answer: I paid two taxes and by examining the tax books found there listed to Alexander Gilreath five or six hundred acres of land

      Question 1st by defendant: how far did you live from Alexander Gilreath
      Answer: about ten mile

      Question 2nd: had you any particular acquaintance with Alexander Gilreath
      Answer: I had known him when I saw him for several years I never was in the old mans House until I was appointed guardian for him and further this deponent sayeth L. J. Bicknell
      Sworn to and subscribed so before me
      Sept 16th 1856 Thos S. Willborn {Seal}
      Articule of agreement

      This indenture made this 3d day of February 1845 between Alexr Gilreath Senr and Larkin Gilreath Junr Witnessed I the sd Alexr Gilreath do agree to let my Black man luke work with the sd larken Gilreath in the blacksmiths shop till New years next the time to mind my mill Except I alls agree to bond the sd Larken Gilreath and luke until New years day next I the sd larken Gilreath do agree to work in the black smith shop with sd luke in the black smiths shop and keep the Books of sd shop and make collection of what is yearned in sd shop and give the sd Alexr Gilreath one half by me the sd Larkin Gilreath Colected
      We do further agree to be Equal in the Expenses of sd shop with the Exception of the sd Alexander Gilreath Smiths Work for my plantation Weras we set our hands and seals the day and year first above Writen
      Test Alexander Gilreath
      George Gilreath Larkin Gilreath


      North Carolina} In Equity
      Wilkes County}
      To The Item The Judges of the court of Equity for the county aforesaid
      The bill of complaint of Alexander Gilreath of Wilkes County by his Guardian Larkin J. Bicknell against Noah Gilreath of the said county of Wilkes, Humbly complaining I herewith unto your honor, that your orator the said Alexander Gilreath is a very aged and infirm old man and now about ninety-eight years of age that for the last twelve or fifteen years he has been wholy incapable through old age and imbecility of mind of transacting any kind of business, and that for the last twelve or thirteen years as your orator the said Larkin J. Bicknell believes, the said Alexander the ward of the said Larkin , has not attempted to do any business of imporatnce, not even to buy or sell any thing whatever; but that all his business of every description has been attended to and transacted by the defendant the said Noah Gilreath until the appointment of your orator the said Larkin J. Bicknell as Guardian of the said Alexander, he the said Alexander having been forced by a Jury of Wilkes County sumond and compelled under a writ of Lunacy issuing from the county court of said county a Lunatic, of unsound mind and incapable of managing his effects, that this writ of Lunacy issued from Nov Term 1850 and the Jury returned their verdict to Feby Term 1851 and that at August Session last your orator Larkin Bicknell was appointed Guardian of the said Alexander Gilreath.

      Your orator would further shew unto your honor that for many years previous to the appointment of your orator as Guardian of the said Alexander, the said Noah had taken the entire management of his whole estate which comes to a very good plantation, well stocked with horses, cattle, sheep, hogs, farming tools of every description, a good dell of blacksmiths tools, a grist mill where much grinding was done, together with a family of negroes, some ten or eleven in number, of these I cares[?] several are very valuable and have been able to earn wages for many years, To wit Princess about 35 or 40 years old Luke about the same age, a valuable blacksmith, Andy about 22 or 23 years of age, Enos about 20 years of age John about 18 years of age Mary, Mira, Amanda all able and valuable women, which have alltogether with the plantation and stock of every kind thereon been managed by the said Noah Gilreath as agent of the said Alexander, to[?] the said Noah receiving the whole income of the said farm and stock thereon, together with all the proffits of the grist mill, blacksmith shop and hire of slaves; that the said Noah took charge of this property in the year 1822 and has as agent of the said Alexander managed the farm and received the rents and proffits of the whole and has never accounted with your orator Larkin or his ward the said Alexander Gilreath.

      Your orator would further shew unto your honor that the said Alexander being old and infirm in body and mind and having just confidence in his said son the defendant Noah, permitted the said Noah to manage every thing just as he pleased, he the said Alexander alleges signing such papers as for the said Noah required him to do without ever inquiring into the propriety or impropriety of the act required to be done by the said Noah.

      Your orator would further shew unto your honor that although it is now only one year since the writ of Lunacy issued from the county court of Wilkes and under which the said Alexander was forced to be of unsound mind and incapable of managing his property; yet your orator shews unto your honor that it was well known to all the friends and neighbors of the said Alexander for the last twelve years that he the said Alexander was of unsound mind and incapable of transacting any business or of doing any binding act in relation to the purchase, sale or received the pay the pay therefor and counted the Item to his own use that he has also procured from the said Alexander a deed of gift for a tract of land on which the said Alexander Gilreath now lives containing one hundred acres and likewise gor four of the Items of the said Alexander and to which the said Noah as your orator is informed and believes is now setting up title; your orator would further shew unto your honor that the said Alexander Gilreath was a Revolutionary Soldier and as such was entitled to a pension of some forty four dollars annually which has all been received for the last ten or twelve years by the defendant Noah and for which he is liable to account with your orator; your orator would further shew unto your honor that the said Alexander many years since executed a will in due form of law and in which he the said Alexander sett forth his wishes as to the disposition of his estate after his death and therein devised to the said Noah all of his real estate consisting of a large quantity of land except about two hundred acres, that he bequeathed transfer of his property, still as the friends and relatives of the said Alexander had their confidence in the defendant Noah and as they supposed he would manage the property directly and would ultimately render a just and full account of his management of the said estate they took no steps to have a vyable[?] Guardian appointed, but permitted the defendant to assume the Guardianship of the said Alexander and thus to manage the whole estate until they discovered that instead of acting the part of a faithfull Guardian and managing the estate for the advantage and benefit of the said Alexander and then who ought to show his estate upon his death that the said Noah was selling the stock upon the farm together with all the surplus produce and putting the proceeds into his own pocket and keeping no account thereof, that he also has commenced dispursing of the slaves belonging to said estate, that some two years ago he sold a Girl Mira belonging[?] to the said Alexander worth not up than seven hundred dollars; to the sais Noah four of his slaves by name and that the said Noah has since fraudulently procured from the said Alexander this aged and infirm old man over whom he assumed a guardianship for many years a conveyance for one hundred acres of land not devised to him in the said will and also four of the slaves that were not bequeathed him in said will, so that should the said will be established and should he succeed in establishing his said deed of gift, then the said Noah will have title to all the land of the said Alexander except one hundred acres and eight of the eleven slaves belonging to said estate, and yet the said Alexander has now seven other living children and several grand children, the children of his son Jeremiah who died some years since.

      Your orator states unto your honor that he verily belives that the said deed of gift for the said tract of land and the said four slaves was procured by the said Noah Gilreath from the said Alexander by fraud and imposition and by taking advantage of the position he then occupied in relation to his aged parent, he the said Noah having for many years previous to obtaining the said deed of gift assumed the guardianship of the said Alexander and having taken the management of his whole estate upon the ground that the said Alexander was wholy incapable of managing the same on account of mental imbecility, and your orator states it as his firm belief that at the time of the execution of the said pretended deed of gift which took place in December 1846, the said Alexander Gilreath the ward of your orator Larkin was wholy incompetent by reason of his mental imbecility to make any binding disposition of his property. But even if the said Alexander at that time possessed sufficient power of mind to make the said deed of gift (which is wholy denied by your orator) still your orator insists that the said deed was obtained from the said Alexander by fraud and imposition and by taking undue advantage of the position which he the said Noah then and for many years having had occupied in relation to the said Alexander; he the said Noah then acting and having for many years before acted as the guardian and protector of the said Alexander; so that your orator insists that the deed of gift is wholy inoperative to keep the estate of the said Alexander in the said land or slaves and if sufficient to keep the estate, still it was obtained under such circumstances of weakness and imbecility of mind in the said Alexander and by such fraudulent and improper practices and by taking such undue advantage of the position he then occupied that this honorable court still sets the same aside and treat the said Noah as a Trustee of said land and slaves for the benefit of the ward of your orator and compell him to surrender up the said slaves to your orator and to account for the rest of the said land and for the hire of the said slaves from the date of the said bill of sale or deed of gift in December 1846; Your orator would further state unto your honor that the rest of the plantation and the hire of the slaves of the said Alexander since they have been in the charge and custody of the said Noah as agent have been [?] some two hundred dollars annually over and beyond the support and maintenance of the said Alexander and his family, as your orator shewith unto your honor that the family when the said Noah first took charge of the said estate consisted of your orators ward, his wife and an unmarried Daughter and after her Moniaji[?] which took place some nine or ten years since of himself and wife alone and that his said wife died about two years ago and that since that time there has been no experience saves the support and maintenance of the said Alexander himself and his said slaves, all of which or nearly all were valuable and capable of earning good wages; your orator would further represent unto your honor that the said Noah Gilreath has already offered for sale the Negroe man Luke, a very valuable slave a good smith and worth not less than one thousand dollars, and the said Noah by threatning to sell all of the slaves contained in the said deed of gift and to have them run out of the country and thereby to deprive the said Alexander of his said slaves; your orator would further shew unto you honor, that your orator Larkin since his appointment as Guardian has called upon the said Noah Gilreath the defendant and requested him to suurender up the said slaves, to pay over to him the money and interest accrued for the negro woman Mira to pay over the various sums accrued by the said Noah as pension money and likewise to account with your orator Larkin for the hire of the slaves, the sale of the stock and the rents and proffits of the farm running[?] his agency; with which reasonable request your orator will hope the said Noah would have reasonably complied, but now so it is may it please your honor the said Noah has wholy neglected and refused to comply with the reasonable request of your orator, sometimes upon one pretence and then upon another, all which actions and doings of the said Noah contrary to equity and good conscience and tend to the manifest injury and oppression of your orator, and for as much as your orator is remedied in the premises according to the stries[?] miles[?] of the common law and relievable only in this honorable court of Equity when matters of this nature are alone relievable, may it please your honor to grant unto your orator the states writ of injunction and subpoena enjoining the said Noah from selling or removing the said slaves beyond the jurisdiction of this court and commanding the said Noah to appear at the next Court of Equity for the county of Wilkes on the third Monday in March next, there and then full and true and perfect answers make to all and singular the allegations of this your orator till of complaint in as full ample and particular manner as if the same were herein again repeated by way of interrogatory and for the said Noah thereunto particularly interrogated, and that your honor will order and decree that the said Noah account with your orator and that the said bill of sale or deed of gift for the said land and slaves be annulled, avoided, and sett aside and that he pay to your orator the money received for the sale of the slave Mira and also the Pension money received by the said Noah during the time he acted as agent and Guardian of the said Alexander and that he fully account with and pay over to your orator the money received for the sale of the slave Mira and also the Pension money received by the said Noah during the time he acted as agent and Guardian of the said Alexander and that he fully account with and pay over to your orator all such sums as he has received with rents and proffits of the land the hire & services of the slaves the profitts of the grist mill and blacksmith shop the sale of stock [?] and that your honor will make all such other and further orders and decrees as the law may require and to your honor may seem just and right And your orator a, in duty [?] will ever pray W Boyden & L. B. Carmichael Solicitors for Complainant


      #110
      Alexander Gilreath
      by his Guardian
      L J. Bicknells
      agt
      Noah Gilreath
      filed 18 May 1858.

      N B pep[?]

      Reported
      Wilkes
      Recorded August
      Term 1859

      Alexander Gilreath
      By his Guardian
      Larkin J Bicknell
      v
      Noah Gilreath
      In Equity
      Original Bill

      Boyden &
      Carmichael Sol
      for Plff

      To the clerk & mater In Equity
      For Wilkes County
      Gilreath v Gilreath} Depositions

      State of North Carolina, To the Sheriff of Wilkes County-Greeting.}
      You are hereby commanded to summon Joshua Fletcher, H H Gilreath, Henry Hays, James Hays, Wm P Hays, James Grogin, James Williams, Wm Hull & Ellis Anderson and appear before Commissioners of our said County, at the Court House in Wilkesboro on the 10th day of August next; and then and there to testify, and the truth to say in behalf of L J Bicknell Guardian in a certain matter of controversy pending in the Court of Equity for the county of Wilkes wherein L J Bicknell Guardian Plaintiff and Noah Gilreath is defendant Defendant And this you shall in no wise omit, under the penalty prescribed by Law.
      July 5 1852 Wm C Emmit, Commissioner

      L J Bicknell
      v
      N Gilreath

      State of Tennessee, Anderson County} We this 1 day of July 1852
      We have this day prosuded[?] to take the deposition of Elizabeth Hindan a witness for Alxr Gilreath by Guardian Larkin J Bicknell against Noah Gilreath about the age of 42 years

  • Sources 
    1. [S270] Census: North Carolina "1784-1787 North Carolina State census, population schedule," digital images, Wilkes County, North Carolina Rootsweb, Sheila Anderson-Lewis, (http://www.ncgenweb.us/wilkes/census1784-7/census1784-87.htm), Alexr. Gilreath household, Captain Gordon's District, page 180, sub-page 2 (Reliability: 3).

    2. [S428] North Carolina, Wilkes - 1787 Tax List [New River Notes], (http://www.newrivernotes.com/nc/wilk1787.htm) (Reliability: 3).

    3. [S225] Census: Military: "A census of Pensioners for Revolutionary or Military Services," subscription database, Ancestry.com, (www.ancestry.com), Alexander Gilreath, Wilkes County, age 85, head of household, page 141 (Reliability: 3).

    4. [S43] Book: North Carolina-Wilkes - Heritage of Wilkes County North Carolina, Volume II, 1990, Mrs. Nancy W. Simpson, editor, (Charlotte, North Carolina: The Wilkes Genealogical Society, Inc. in cooperation with Delmar Printing and Publishing, 1990), 239-240 (Reliability: 3).

    5. [S268] Book: North Carolina-Alexander - Heritage of Alexander County North Carolina, Volume I - 1986, Sara C. Allen, editor, (Winston-Salem, North Carolina: The Alexander County Genealogical Society in cooperation with The History Division, Hunter Publishing Company, 1986), page 250 by Helen Windsor Booth (Reliability: 3).

    6. [S602] Military: Revolutionary War Pension File of Alexander Gilreath, HeritageQuest online, (Washington: National Archives & Records Administration), file no. S8564, series M805; citing National Archives and Records Administration microfilm publication 359, pages 1-10 (Reliability: 3).

    7. [S742] Cemetery: North Carolina, Wilkes, Brushy Mountain Township - Alexander Gilreath Family Cemetery, grave marker for Alexander Gilreath, Sr., photographed by Gail Rich Nestor, 27 Aug 2005 (Reliability: 3).
      Inscription:
      ALEXANDER GILREATH
      SERG NC MILITIA
      REVOLUTIONARY WAR
      NOV 15 1755 NOV 13 1853

    8. [S223] Military: DAR Lineage Application of Helen Gathel Windsor Booth, Daughters of the American Revolution, (National Society, Washington, D. C., national no. 712071, computer code 3-076-NC, Rachel Caldwell Chapter) (Reliability: 3).

    9. [S18] Marriage: North Carolina Marriage Bonds, 1741-1868 [Ancestry.com database], Ancestry.com, compiler, (www.ancestry.com), Bond #000165297, Record #01 094 (Reliability: 3).
      State of North-Carolina. Know all men by these presents, That we Alexander Gilreath and Richd Allen are firmly bound unto Abner Nass Esqr governor and commander in chief of the said state, in the just and full sum of five hundred pounds current money of the state aforesaid, to be paid to the said Abner Nash his successors and assigns: To which payment well and truly be made and done, we bind ourselves, our and each of us, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with seal and dated this seventh day of June Anno Dom. 1781

      The condition of the above obligation is such, That whereas the above bound Alexander Gilreaf[sic] hath made application for a licence for a marriage to be had and solemnized between him the said Alexander Gilreaf[sic] and Elezabeth Souther of the county of Wilkes aforesaid. Now in case it shall not appear hereafter that there is any lawful cause to obstruct the said marriage, then this obligation to be void; otherwise to remain in full force and virtue.

      Sealed and deliveredAlexander Gilreath
      in the presence of
      Go Wheatley CCRichd Allen