| Name |
Alexander Gilreath [1, 2, 3, 4, 5] |
| Suffix |
Sr. |
| Birth |
15 Nov 1755 |
, , Warren County (was Granville later Bute), North Carolina Province, Colonial America  [2, 4, 5, 6, 7] |
| County Formation |
1764 |
| Granville County became Bute County |
| Move |
1776 [5] |
| from Bute County to Surry County, NC |
- (In 1779, Bute was disolved and was replaced by Warren and Franklin Counties.)
|
| County Formation |
1777 |
| Wilkes County was formed out of Surry County |
| Land Purchase |
Between 1778 and 1781 |
, , Wilkes County, North Carolina Province, Colonial America |
| 300 acres from Henry Martin |
- This included (1501) "150 acres lying on a branch of Hunting a Creek that runs into said creek opposite Reuben Standley's", and (1502) "150 acres beginning at Joshua Morgan's line, including some of the branches of little Crab Creek".
|
| Military: Revolutionary War |
Between 1779 and 1781 [2, 5, 8] |
| Private & Seargent, North Carolina State Troups |
- Late in 1779-24 Mar 1780: volunteered 3 mos. as Ord. Sgt. in Captain Richard Allen's Company under Colonel Hampton in NC State troups until discharged
4 Jul 1780: volunteered 4 wks. as Priv. under Colonel Benjamin Cleveland; (was in the Battle of Ramseurs Mill in Lincoln County, North Carolina)
Aug or Sep 1780: served 2 mos. as a scout under Cleveland
Feb 1781: enlisted in Colonel Locke's NC regiment and served 5 wks. as a private and sergeant in Captain Allen's Company under Col. Locke
|
| Appointment |
27 Apr 1786 |
, , Wilkes County, North Carolina, USA [9] |
- "Ord. following Justices & Constables be appt. in various Districts: Jesse Franklin-James Williams, Capt. Hardins; Wm. T. Lewis-Micajah Bange, Capt. Alex. Gordons; Benj. Herndon-Richard Guin, Capt. Carrels; Ambrous Hammons, Spencer Adams, Capt. Johnson; Wm. Nall, Levin Cole, Capt. Nalls; Wm. Nall, Wm. McCalne, Capt. Vannoys; James Fletcher, Alex. Gilreach [sic], Capt. N. Gordons; Rowland Judd, Isaac Parlear, Capt. Judds; John Brown, Wm. Jackson, Capt. Brown; John Brown, Patrick Hamrick, Capt. Tribbles; Russel Jones, John Witherspoon, Capt. Isbells; Wm. Lenoir, George Hulme, Capt. Fargusons"
|
| Census: Federal |
1787 |
, Captain Gordon's District-2nd Company, Wilkes County, North Carolina, USA [1] |
| for the state of North Carolina |
- male 21-60 Alexr. Gilreath [at 31]
white female [Elizabeth at 24]
white female [Mary at 4]
male under 21 & above 60 [Jeremiah at 2]
male under 21 & above 60 [George at <1]
|
| Tax List |
1787 |
, Captain Gordon's District-2nd Company, Wilkes County, North Carolina, USA [10] |
| Gilreath, Alexander, 260 acres, 1 poll |
| Census: Federal |
1790 |
, 13th company, Wilkes County, North Carolina, USA [11] |
- male >16: Alex Gilbreath [at 34]
female [Elizabeth at 28]
female [Mary Polly at 8]
male < 16 [Jeremiah at 6]
male < 16 [George at 4]
female [Rhoda at 3]
|
| Land Purchase |
15 Oct 1793 |
, , Wilkes County, North Carolina, USA |
| 150 acres of land for 100 pounds from James Fletcher |
- It was described as "...lying on little rock creek of Hunting creek Beginning at the mouth of Grassy branch on on his other corner on two chestnuts and runs West one hundred and Seventy four poles to a black oak Saplin then South one hundred and forty poles to a Stake, then East one hundred and twenty four poles to his other line, then North one hundred and forty poles to the Beginning..."
|
| Land Grant |
13 Dec 1799 |
, , Wilkes County, North Carolina, USA |
| 50 acres of land on the Brushy Mountains, waters of Hunting Creek, at his own corner adjoining Samuel Wilson |
- Warrant/Entry #570 was dated 4 Apr 1799, and Grant #1948 dated 13 Dec 1799 was recorded in book 106, page 150. The chain carriers were George Shaver and Jeremiah Gilreath. The surveyer was H. Roussau.
|
| Census: Federal |
1800 |
, , Wilkes County, North Carolina, USA [12] |
- male 26-44: Alexr Gilreath [at 44]
female 26-44 [Elizabeth at 38]
female 16-25 [Mary Polly at 18]
male 16-25 [Jeremiah at 16]
male 10-16 [George at 14]
female <10 [Rhoda at 13?]
female <10 [Lucy at 7]
male <10 [Larkin W. at 4]
male <10 [James Harvey at 2]
male <10 [Noah at 0]
|
| Decree |
10 Nov 1805 |
, , Wilkes County, North Carolina, USA |
| Road Order |
- Road jury to view and lay road from Wilkesborough by Jesse Deese to Iredell County line: Benjamin Martin, James Martin, Elijah Vickas, John Mise, Jesse Deese, Enoch Fletcher, James Smoot, John Keatons, William Gileath Junr., Henry Gilreath, Turner Hampton, Samuel Anderson, John Stanley, Hix Combs, Alexander Gilreath, Esq, William Gilreath and Thomas Patton.
|
| Land Purchase |
15 May 1809 |
, , Wilkes County, North Carolina, USA |
| 100 acres of land from James Smoot for $40.00 |
- The tract of land is described as follows: "...Beginning at a locust and white oak then East one hundred and fifty poles to two red oaks, then South Seventy eight poles to a large poplar in the Iredell County line, then up the various courses of said line to a conditional line made between said Smoot and Samuel Wilson on a Spanish oak, then to the beginning..."
|
| Census: Federal |
1810 |
, Wilkesboro, Wilkes County, North Carolina, USA [13] |
- male >45: Alexander Gilreath [at 54]
female >45 [Elizabeth at 48]
female 26-44 [Mary Polly at 28]
female 16-25 [Lucy at 17]
male 10-15 [Larkin W. at 14]
male 10-15 [James Harvey at 12]
male <10 [Noah at 9]
female <10 [Elizabeth at 4]
|
| Land |
25 Apr 1818 |
| Wilkes Deed Book K page 306 |
- Alexander Sr. deeded one acre of his land for a meetinghouse "for the Public Worship of Almighty God...to be free for preaching by any Christian Denomination." The church was called Liberty Meeting House in 1847 and stood on the site of the present day New Hope Baptist Church. Test: Thomas Cook, William Ellis, Starling Moore, Samuel Anderson
|
| Census: Federal |
1820 |
, , Wilkes County, North Carolina, USA [14] |
- male >45: Alexandria Gilreath [at 64], enagaged in agriculture
female >45 [Elizabeth at 58]
female >45 [Mary Souther at 75]
female 26-45 [Mary Polly at 38]
male 16-26 [Noah at 19]
female 10-16 [Elizabeth at 14]
male slave 14-25
male slave 14-25
|
| Census: Federal |
1830 |
, , Wilkes County, North Carolina, USA [15] |
- male 70-80: Alexander Gilreath [at 74]
female 60-70 [Elizabeth at 68]
female 40-50 [?]
female 20-30 [Elizabeth at 24]
|
| Decree |
Oct 1832 |
, , Wilkes County, North Carolina, USA |
| Road Order |
- Ordered by the court that John Souther be overseer of the road to finish and complete the Hunting creek road from Archibald Lovelases to the lick? log on fishing creek agreeable to the report of the Jury appointed to do the same and that he shall have the following hands to wit All the Overseers and their hands in the following Boundrys to commence at the lick Log runing down little fishing creek to the Main fishing creek thence with said creek to the Widow Stalys Old Plantation, thence by John Dowdy, thence to Phillip Shives, thence to Absalom Shatterlys, thence to Phillip Glasses, thence to George Johnsons, thence to John and Thomas Combs, thence to Archibald Lovelaces, thence to Isham Hubbards, thence by Sterling Moores, thence to Ellis Andersons, thence to Noah and A. Gilreaths, thence the Mountain road Towards Wilkesboro to the foot of the Mountain, thence to Wm. Smithys, thence to Widow Smithys, thence to the Lick Log including all overseers and their hands in said boundary; the hands to wit, Joel ?Sools, Joshua Lee, Jesse Lee, Simon Shew, Frederick Ingolo?, Absalom Shatterly, Henry Glass, Daniel Glass, John Glass, Samuel Curry, Robinette Anderson, Williams Johnson, Thos. Combs, John Combs, Howard Walker, Simon Glass, John Curry, Joel Curry, James Barnett, Hugh Jones's Hand, John M. Fosster, Daniel Call, Kenson Stuart, Russell Parker, Andrew Mulllis, Ingram Love, Henry Hays, Wm. Johnsons hands, Benj. F. Martin's hands, Evan Anderson, Waugh's hands, Harrison Smithy, Jesse Smithy, NOEL STANDLEY, Jacob Estep, Noel Johnson Jr., Wesley Anderson, Jerimiah Gilreath, Alexr. Gilreath Hand's, Martin Parker, Noah Gilreath, Calvin Cook, Ellis Anderson, Jesse Moore, John Moore, Daniel Moore, JOSEPH STANLY, Thomas Love, Jas. Johnson, Wm. Tidder, Benj. Tidder, Zachariah Tidder, John Usery, Meridith Becknall, Jas. Ray, A. Lovelass hands, Reason Bell.----Issued.
327. Marjory Standley Payne, 263 Hunter Forge, Macungie, Pa. 18062.
|
| Pension Application |
30 Oct 1832 |
, , Wilkes County, North Carolina, USA [16] |
- NC Gilreath, Alexander S.8564
North Carolina 16046
Alexander Gilreath
Wilkes in the State of North Car:
who was a Priv & Sergt in the company commanded
by Captain Allen of the Regt commanded
by Col Hapton in the North Car:
line for 13 mos. and 7 days
Inscribed on the roll of North Carolina
at the rate of 35 Dollars 77 Cents per annum
to commence on the 4th day of March, 1834
Certificate of pension issued the 25th day of June '33
and sent S. F. Patterson, Wilkesboro, N.C.
Arrears to the 4th of March '33 71.54
Semi-anl allowance ending 4 Sept " 17.88 1/2
$89.42 1/2
Revolutionary Claim,
Act June 7th, 1832.
Recorded by Wm. Miller Clerk,
Book E, Vol. 6, Page 41
State of North Carolina
County of Wilkes
On this 30th day of October 1832 personally appeared in open court before the Court of Pleas & Quarter Sessions of the County of Wilkes & State of North Carolina now sitting Alexander Gilreath Esquire, a resident of the County of Wilkes & State of North Carolina aged seventy six years, who being first duly sworn according to law, doth, on his oath, make the following declaration, in order to obtain the benefit of the act of Congress passed June 7th 1832.
That he was born on the 15th day of November 1755 in the County of Bute, (now Warren) in the State of North Carolina, (the record of which he has entered in a prayer book now in his possession & where he continued to reside until the year 1776 when he removed to Wilkes County N.C. where he now lives -- In the latter part of the year 1779 a call was made for a company of militia from the County of Wilkes, and a company was immediately raised partly by draft and partly by volunteers, (of which last description this deponent was one, and placed under the command of Capt Richard Allen (now Col Allen) and as soon thereafter as the company was organized and the necessary preparations made, they set out upon their march in the early part of January 1780 for Charleston South Carolina, where they were attached to the regiment of Col Hampton, which was attached to the Brigade commanded by Genl Lillinger, a militia Genl-the whole however being under the command of Genl Lincoln one of the regular officers - after arriving at Charleston they were stationed some time in the vicinity, at a place called Smoky Camps, where they remained until orders were received for them to march into the city - when they were stationed in houses in various parts of the city as the weather was untimely cold - The regiment to which this deponent belonged continued in Charleston until their term of service expired which was on the 24th day of March 1780 when they received their discharge and returned home - which place they reached some time in April, having served for three months - In this term, this deponent served as orderly sergeant of the company to which he belonged -
About the first of July following a Captain Luke Lea raised a company of Tories in the County of Wilkes for the purpose of cooperating with a body of Tories which were said to be collecting at Ramsours Mills - upon hearing this information Col Benjamin Cleveland issued orders for all the Whig militia of the county to rendevous at the Court House to pursue Lea - this deponent again volunteered himself and joined Col Cleveland at the Court House on the 11th day of July, and marched immediately in pursuit of Captain Lea who had taken the direction to Ramsours Mills - when Col Cleveland and his troops had arrived within about fifteen miles of Ramsours Mills this deponent said one Captain Gist with some others was detailed by Col Cleveland to go forward as spies and recconnoiter the enemys camp - they immediately set out and rode all night having reconoitered the position of the enemy, returned to oath[?] the intelligence about day light - upon hearing this information, Col Cleveland and his troops forthwith marched with all possible speed for Ramsours Mills, but did not arrive until after the action at that place had been fought - after arriving at that place they assisted in guarding and taking care of the prisoners which had been taken, for a day or two, and until an express arrived informaing Col Cleveland that Col Bryan (a Tory Col) was raising a body of Tories in the Counties of Wilkes & Iredell, and was making their way down the Yadkin - upon hearing this information Col Cleveland with his troops immediately set out in pursuit, and followed Col Bryan as far as the Trading ford on the Yadkin River, but finding that Bryan was too far ahead, & his troops not prepared for a long tour, he concluded to return, and after arriving near home he disbanded his troops and each one returned to his respective home having been gone in this expedition between three & four weeks -
About the last of August or first of September following this deponent again volunteered himself and rendezvoued at Wilkes CH under Col Cleveland, to go against the Tories and Majr Forguson who was said to be advancing from South Carolina - after being stationed at Wilkes CH for about two weeks organizing the troops and preparing for their march, they set out for the purpose of meeting Majr Ferguson - when they had advanced as far as Kriders[?] Fort in Burke County, this deponent was taken sick and was there left - as soon as he was able to travel he returned home and there remained until Col Cleveland & Col Campbell returned with the prisoners which they had taken at Kings Mountain, as far as Wilkes CH where this deponent rejoined them and marched with them down to the old Moravian Town in the County of Stokes, where they were stationed about four weeks guarding the prisoners until they were relieved, when he returned home - In this expedition this deponent believes he served about two months -
In the month of February 1781 when Lord Cornwallis was marching through North Carolina this deponent again volunteered himself and rendezvoued at Wilkes CH where he joined a company commanded by Captain Richard Allen and marched through Iredell near to Salisbury, when they received information that Lord Cornwallis was at that time in Salisbury - upon hearing this fact, they changed their route and proceeded toward Salam in order to join Genl Greene, who was supposed to be between that place and Dan River - When they had proceeded some distance beyond Salem, orderes were received from Genl Greene for them to return and endeavor to meet Genl Pickens so as to conduct him through the country in order to form a junction with Genl Greene - they did return, and met with Genl Pickens in the county of Surry, whom they conducted to Salem where they joined Col Lockes regiment - before leaving Salem, Col Locke & Genl Pickens divided the troops, the latter taking the road to Hillsboro and the former taking a rout higher up in the country - This deponent was under the command of Col Locke, and when they had proceeded as far as the County of Rockingham, they received information from Genl Pickens, that a considerable number of Tories had embodied themselves under a Col Pyles, and requesting Col Locke to repair with his troops to meet him at Frollonger ford at Haw River, in order to attack Col Pyles - Col Locke with his troops immediately changed their rout for Frollingers ford, but before they reached it, Genl Pickens had engaged with the Tories and defeated them - as soon as they heard this, they turned about and marched for Genl Greenes army, which they joined near the High Rock - after remaining with Genl Greenes army for a few days, the regiment under Col Locke was discharged and returned home - In this tour this deponent served from a month to five weeks -
This deponent performed several other short tours against the Tories; In fact from the 1st of June to the last of November 1780, he was almost constantly in service against the Tories, after scouring the country from place to place, and arresting and disarming suspected persons and bringing them to trial - but the particular periods of each term of service it is impossible for him to remember - nor in fact was he under the command of regular officers, but was governed, as most of the Whigs were, by the necessity of their services, and the circumstances by which they were surrounded -
This deponent has no documentary evidence by which to prove his services, but refers to the affidavits of Col Richard Allen and Mr. Elijah Vicks[?] who were with him, and which are hereto annexed for proof of them - He has no discharges, nor has he any recollection of ever receiving any - He has resided in the county of Wilkes ever since the Revolutionary War, and resides there at this time -
He hereby relinquishes any claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any state
Sworn to & subscribed the day & year aforesaid
Alexr Gilreath
R Martin CWCC
This deponent further states that since the foregoing declaration was prepared, which was some days before the sitting of court, he has heard of the death of Col Richard Allen, and is consequently thereby deprived of the benefit of his testimony - he therefore further states that he knows of no person living whose testimony he could procure, who can testify to that portion of his service which he expected to prove by the said Col Richard Allen - but refers to Majr John Finley & Saml F. Patterson as persons to whom he is well acquainted, and who can testify as to his character for veracity, and this belief of his [electronic file images end here!]
|
|
| Will Written |
13 Aug 1838 |
, , Wilkes County, North Carolina, USA [17] |
- No. 31 Alexander Gilreath Will
State of North Carolina
Wilkes County In the name of God Amen
I Alexander Gilreath of the county and state aforesaid being
weak and feeble in body but of perfect mind and memory calling
unto mind the mortality of my body Knowing it is app
ointed for all men to die do make & ordain this my
last will and Testament and as respects such worldly estate
as has been please God to help me with I give and demise &
dispose of in the following manner and form to wit first
I give and bequeath to my wife Elizabeth all my land
my negros, stock & farming utensils and all my property
of every discription during her natural life or widowhood
and after her death or inter marriage to be divided among
my children 2nd I give to my daughter Mary Marlow
my negro girl Samira for her use during her life and after her
death to go to my son Georges' wife for her use and her
heirs forever 3rd I give and bequeath to my son Noah all
my lands except Two Hundred acres together with one half of
my farming tools also my negro boy Pormier, Andrew, Enos
and Wesly to him and his heirs for ever 4th I give to my daughter
Elizabeth two hundred acres of Land to be laid off at the discretion
of my executor so as to include the dwelling House where
I now live and the spring and other conveniences which may
be necessary also my negro Boy Luke, Mary, & Amanda
and also the other half of my farming tools to her and her
heirs forever The Balance of my Estate be equally divided
between my several children to wit Roda Cook for her and
her heirs for ever Lucy Martin, Larkin, and Harvey to
them and their heirs for ever and out of which surplus I give
to my son Jeremiah Ten dollars and no more to him and
his heirs for ever and I do hereby nominate and appoint
my son George and my son Noah my sole executors to this
my last will & Testament and I do utterly disannul
revoke all and every other former will & Testament and ratifying
& confirming this my last will and Testament In witness
whereof I have hereunto set my hand and seal this 13 day
of August AD 1838 Alexander Gilreath LS
signed sealed in
presence of
Hilliard H. Gilreath Junr
Lucy Gilreath
|
| Census: Federal |
1840 |
, Captain Gilreath's District, Wilkes County, North Carolina, USA [18] |
- male 80-90: Alexander Gilreath Sr. [at 84]
female 70-80 [Elizabeth at 78]
|
| Census: Federal |
15 Sep 1850 |
, , Wilkes County, North Carolina, USA [19] |
- 1) Alexander Gilreath (Sr.), male age 95, none, born in Wilkes County, NC
2) Elizabeth Stelain, female age 42, cannot read or write
3) Joseph Laws, male age 67, cannot read or write
4) Rebecca Smellen, female age 26, cannot read or write
5) Martha Smellen, female age 11
6) Richard Smellen, male age 4
|
 |
1850-09-16 09-00-01.jpg
|
| Death |
11 Nov 1853 |
, , Wilkes County, North Carolina, USA [4, 6, 7] |
| Will Probated |
Feb 1854 |
, , Wilkes County, North Carolina, USA [20] |
- N Carolina
Wilkes County Feby Term 1854
The execution of the foregoing will was duly proven in open court by H. H. Gilreath, one of the subscribing witnesses hereto and ordered to be recorded. Wm Mastin Clk
|
| Court |
Aug 1858 |
, , Wilkes County, North Carolina, USA |
| "Alexander Gilreath v. Noah Gilreath" |
- N. Carolina, Wilkes County: Superior of Equity
Alexander Gilreath by his guardian L. J. Becknall vs. Noah Gilreath
To the banour(?) able the pledge of the Superior Court of Equity in ofer(?) our said garanty this ansecor(?) of the defendant Noah Gilreath to all(?) bill of compliciat(?) of Alexr Gilreath by his guardian L. J. Becknall.
This defendant is asking to becorself(?) all proper inceptions to the many meatatments(?) and imperfections in said bill contained for answer to said bill or to so much ekoreage as he is advised it is material for him to answer unto saith, that it is true that the plff. is father of the defendant and is aged ninety six years since 15th November last; that he has eight children now alive, and one of his children is dead and acaor(?) left children - of these nine children five were sons, all of whom save this defendant abandoned the home of their father before they arrived at the age of twenty one years - and three of whom applied themselves to mechanical trades and three of the sons and one of the daughters have removed from this state - In the year 1822 the plff fam(?) kemished(?) of himself, wife, two daughters and the defendant - He and two slaves, one boy about 22 years old and another about ten years of age. He owned and lived upon a tract of land of the value of about two hundred dollars, this being all the land he then or since has owned; he owned also two head of horses and a small stock of cows and a small stock of hogs; all that him this defendant had just emerged from his minority and to follow the example of other young men who by the small fortunes of having(?) fathers were compelled to rely on themselves for advancement in life, he then intended to separate from his father having it in vices to remove from the state - this defendant is the youngest son of the plaintiff and for this reason or some other, he append early the object of his partialy - His father prevailed on him to forgo his purpose of removing and to enter into agreement with him to labor and serve him in his farm - By witness of this agreement he was inbilled to uceicor from his father for compensation one third of such profits as might be realized from the farm - The profits arose chiefly from the providence of a peach orchard which in a few years went to decay - For the first and second years the profits amounted to two or three hundred dollars - Afterwards the profits, if any thing, were very small - After these profits no settlement was ever actually made - the plaintiff conceived the purpose of purchasing a negro girl and requested and obtained the concernance of this defendant to apply whatever of profit that had him made on the farm, as well what was dear to defendant as that belonging to plaintiff to effect the purchase of said girl, which was done in the year 1823 - This girl is the same that is mentioned in complainants bill by that name of Mary and is the mother of all the slaves acquired by plff since that time - In 1826 this defendant got married and built him a home on this same land about 200 yards from the residence of his father. From this time he returned services upon the plantation under a rather renamed assurance and promise from his father that as long as he had property dependants should share it. Although they resided in different houses the plaintiff and defendant used all the proceeds of the farm in common, each taking as they so regained and without any purpose or intention on other side of accounting without measurement or account, and although they kept stock separately the produce of the stock was for the joint use and benefit of both families. The plaintiff from that time up to the filing of this bill continued to render faithful and diligent services upon the farm both as a laborer and as a superintendent, under the direction and control of his father his father for a greater part of this term and but little personal labor as the assistant force was weak and the land unappreciative it was a hard and tarts(?) lath(?) for many years for him to keep. The two families suffearently provided with these means he has reared a large family of his own to wit nine children - most of them to maturity and the eight children of Mary the oldest of whom is now about 22 years of age and the youngest about seven - In the mean time supporting their father and mother until the death of the mother which ocurred four years ago. and his sisters until their marriages one of whom was married about 17 years ago and the other about eight years since. The manor and style of this support was plentiful and comfortable. His mother for about nine years before her death was very mperin(?) requiring constant assistance to get up and down. Either dagts wife or one of his daughters rendered her service and attention during much of this time. All the pradner of the farm blacksmith shop and mill together with the annual pension of the plaintiff which was only thirty five dollars and 77 cents ($35.77) were required to support these two families in the manner previously set forth and to pay their inordintal upon sis. The mule was very poor she not being capable of grinding more than three bushels a day and the blacksmith shop of bit little profit. Turning out only plain and common work the pay for which was mostly taken in prudence or in labor upon the farm. The pension many to which the plaintiff was intitled was rendered into his own hands until 1847 or about that time since which time it has been paid by his recording agent to this defendant. For two or three years he paid it over promptly to the plaintiff who applied it as the neessaters of the family required. For the last three years the defendant by the direction of the plaintiff has made this application to the use of the family himself. The operations of the farm even carried on as before said by him (defendant) His father had two hands Promius a man grown and duke a boy of about eleven years old labor he began. Thus, with four boys, the sons of this defendant, together with the children of Mary, constituted the whole force upon the farm with the exception of a few hirings, occasionally.
This defendant denies in the most absacante terms that he ever was or ever acted as the guardian of his father as is untruly alleged in the plaintiff's bill. The plaintiff up to the time the ingisation of lunacy at least was a man op of a strong will and was firm of his puposes and in all the concerns of the families and of the farm and all their business transactions retained and exercised the rights and power of supreme control and although he most often mainly consulted with this defendant in these matters and although almost every thing was done with the concurrence of both, their (?) being regarded by them as the same this defendant nevertheless avers that all this was auxilliary to the arm presiding underscoring that the plaintiffs will was to wit the final law in all cases.
This defendant further answering such that it is not true as alleged in the plaintiffs bill of complaint that he made sale of the negro woman, Moira. This negro was arpanferd in the family and quite impertinent. On one occasion she expressed a wish to the plaintiff that she should be sold, to which the old gentleman replied .I will accommodate you. Then immediately addressing the defendant in to told him to put out a notice that Moira was for sale. This was the first talk of the sale of this girl. Shortly there after the negro was sold by the plaintiff himself to a trader in Seaurs by the name of Porter for $525. The money was received by the plaintiff himself and a written bill of sale made by him to Porter in the month of July 1848. On the same day the plaintiff (?) any application or sotrastation on defendants part of his own free will made a gift of this money to his defendant.
It is here that 4th been the year 1846 the plaintiff executed to him a deed of gift for one hundred acres of land, a negro boy, Duke a negro girl, Martha then about 7 years old a negro boy Sledsor 4 or 5 years old and a negro girl Mary about 2 years old, but it is not true that the same was retained by hand and imposted or by taking under advantage of any position which the accoposed in retatron to plaintiff or by any other improper means whatever - The circumstances attending the execution of said deed was as follows: About the month of August 1846 the plaintiff remarked to the defendant that he had made a will and informed him in whose hands it was deposited and that as all of his children had left him and the care of the plaintiff and his wife (defs mother) must be a charge on defendant. He wished to alter his will in his favour or if the property could be licensed to him without affecting other parts of the will he was desirous to make to him a conveyance of the property mentioned in said deed of gift - The young slaves mentioned in said deed
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North Carolina Reports - GILREATH v. GILREATH, 57 N.C. 142 (1858)
GILREATH v. GILREATH, 57 N.C. 142 (1858)
ALEXANDER GILREATH by his guardian, against NOAH GILREATH.
Supreme Court of North Carolina
(August Term, 1858.)
A child is allowed to use fair argument and persuasion to induce a
parent to make a will or a deed in his favor.
CAUSE removed from the Court of Equity of Wilkes county.
Alexander Gilreath, the plaintiff, in December, 1846, made a deed of
gift of several slaves and other property, to the defendant, Noah Gilreath.
The said Noah was the youngest son of nine children, and in 1822, on
arriving at the age of twenty, all the other children, but two daughters,
having left their father's house, the defendant remained with him and
assisted upon his farm and in his other business. The father
Page 143
was 96 years old when he died in 1852, and up to that time the defendant
remained with him. From the time the defendant came of age the plaintiff
was not able to labor, and the support of the family, which consisted of
the father and his wife and two daughters, with two slaves, a man and a
boy, devolved mainly on him.
After a few years Noah married, and his family increased rapidly and
became numerous. Shortly after his marriage, he built a house near his
father's and the two families lived in common. When the defendant's
children got old enough they were put to work on the farm. During the time
elapsing between his arriving at age and the making of the deed of gift,
the plaintiff bought a female slave, who had children very fast; these, as
they grew up, with the two slaves above mentioned, and defendant's
children, under his superintendence and active assistance, during the whole
period aforesaid, on a small tract of inferior land, made a comfortable
living, which was used by the two families indiscriminately. A mill, a
blacksmith shop, an orchard and a pension of about $35, which the -
plaintiff received for military services in the war of the revolution,
brought in from time to time some funds, which were laid out and used
for the common support and maintenance of these families, and most
generally laid out by the defendant, but no account was kept of these
receipts and expenditures. After a few years, the two sisters got
married and left the family, the mother became frail and helpless,
and the defendant's family waited on her; they were also kind and
attentive to the old man, and much affection was manifested by him
for all the defendant's family. In July, 1847, the plaintiff sold
a negro girl, who had become refractory, for the sum of $525,
which went into the hands of the defendant. In the year 18 -,
an inquisition, as to the state of the plaintiff's intellect, was ordered
by the county court of Wilkes; and upon the report of a jury that he was of
nonsane memory, a guardian was appointed, who instituted this suit in the
name of his ward, the plaintiff.
The bill alleges that the deed of gift above mentioned, was
Page 144
obtained by fraud and undue influence, and the prayer is that the same may
be set aside, and the defendant surrender the slaves and other property,
and account for the profits of the same during the time he had the use and
management of his father's concerns; also, that he account for the proceeds
of the farm, the mill and blacksmith shop.
The defendant answered, alleging the facts as above set out in the case,
denying all fraud and undue influence in obtaining the deed of gift from
his father, but insisting that it was the free gift of his father, as was
the money raised by the sale of the slave, and was by no means an adequate
compensation for all the toil and service rendered to his father and
family. He insists that it was never expected of him to keep an account,
and he therefore kept none, and is totally unable to give a statement of
the receipts and disbursements of the small sums that came to his hands
during the long time he resided on the plantation, and conducted the
business of his father.
There were replication to the answer, commissions and proofs, and the
cause being set down for hearing, was sent to this Court.
Boyden, for the plaintiff.
Mitchell and Jones, for the defendant.
PEARSON, J.
After a full examination of the pleadings and proofs, we are of opinion
that the allegations that the deed of gift mentioned in the pleadings,
dated 4th of December, 1846, was executed by Alexander Gilreath at a time
when he had not sufficient mental capacity, and that its execution was
procured by fraud and undue influence, are not proved. The deposition of
William Masten, one of the subscribing witnesses, who is admitted to be a
man of intelligence and respectability, clearly establishes the mental
capacity of the donor, at the time the deed was executed. The deposition of
James Calloway, the other subscribing witness, also establishes the mental
capacity. It is true he states some circumstances tending to show weakness
of mind and loss of memory, and expresses
Page 145
the opinion that the donor had so far lost the force of his intellect as to
be easily made the subject of imposition, but he was not present at the
execution of the deed, and did not see the donor, until five or six weeks
afterwards, and in the whole mass of testimony, there is nothing tending to
show that the defendant did any thing more to procure the execution of the
deed, than was consistent with law and good conscience. A child is allowed
to use fair argument and persuasion to induce a parent to make a will or
deed in his favor.
We are also, of opinion, that the allegation that the defendant acted as
the guardian of his father, or undertook the management of his affairs, or
a general agency in respect thereto, whereby he became bound to keep an
account of the money, produce, &c., that was at various times received by
him, or passed through his hands, is not proved. On the contrary, we are
satisfied, from the pleadings and proofs, that he did not undertake to keep
an account, and that what was made on the farm, and by the mill and
blacksmith shop, and the money that was from time to time received on
account of the pension or otherwise, was used by the father and son and
their families as an indiscriminate fund for their support and maintenance,
without any agreement, or expectation that an account would ever be called
for, or could be made out, with the exception of the sum of $525, the price
of a negro girl sold by the father, which amount the defendant admits came
into his hands. In reference to this sum, the agreement and understanding
above referred to, did not apply, so as to make it fall into the fund which
was to be used indiscriminately for their mutual support. Indeed, this is
not alleged by the defendant, and he seeks to avoid a liability to account
for it, by averring that his father made a gift of the money to him. But he
fails to prove this averment, and we are satisfied from the circumstances,
and the relation of the parties, it being in July, 1847, when, according to
the weight of the evidence the old man had, failed very rapidly in mind and
body, so as to be nearly helpless, that the defendant received this sum in
trust, and with the understanding that he should account therefor.
Page 146
The plaintiffs are entitled to a decree for this amount $525 with
interest from the first day of July, 1847.
PER CURIAM. Decree accordingly.
|
|
| Biographical sketch |
1986 |
, , Wilkes County, North Carolina, USA |
|
| Biographical sketch |
1990 |
, , Wilkes County, North Carolina, USA [21] |
from "The Heritage of Wilkes County, Volume II," page 240:
"An esteemed man of the Brushy Mountain section of Wilkes County, Alexander was described as a temperate man who lived well," who in his old days was considered to be strong of mind and stature. A farmer, large land and slave holder, he operated a gristmill and blacksmith shop. He was active in many of the affairs of the county. He served as tax collector, constable, justice of the peace, postmaster, and school board member. He lived on the Brushy Mountains near the community known today as Old Gilreath. He is said to be buried in an abandoned graveyard in the woods near the present day home of Marion Allen. The graves there are marked only by fieldstones with no inscriptions." |
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1990-01-01 12-00-02.jpg
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| Burial |
Alexander Gilreath Family Cemetery, Brushy Mountain Township, Wilkes County, North Carolina, USA [6] |
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| Person ID |
I311 |
My Genealogy |
| Last Modified |
14 Sep 2023 |
1755 - 1853 (97 years)
