Hays B. Gilley 1812-1884 (10100)

A stream in Blakely, Early County, Georgia near where
Hays B. Gilley was born and raised.

Hays B. Gilley was born in Georgia in the year 1812. Census and probate records for John Gilley of Early County GA show that it is likely that Hays came from this family. John Gilley had two boys under 10 in the 1820 Census. Of the three sons named in John's probate records (John, William and Nathan), only John Gilley, Junior was born before 1820. The other son living with John in the 1820 census record is probably Hays B. Gilley. The likelihood of the relationship is made even greater by the following entry in John Gilley's probate records:

November Term 1831

Whereas it appears to the court that Martin Wood Esqr Adm'r of the Estate of John Gilley discovered at a sale of said court, Estate sold a Rifle Gun, the property of H. B. Gilly, for ten dollars. It is therefore ordered by the Court that said administrator is hereby authorized to pay this am't thereof to said H. B. Gilley and this order shall be his voucher therefore.

Hays would have been 19 in 1831, and probably working outside of the home at this time. However, the evidence indicates that Hays was living in the household of John Gilley at some point before the estate sale. Since John Gilley is the only Gilley living in south eastern Georgia at this time, this makes it highly likely that John Gilley was Hays father. The mention of Hays in John's probate record, combined with the census information, makes a very good case for John Gilley as Hays B. Gilley's father.

Since the probate records make it clear that John Gilley's wife died about the same time that he did, their children would have been truly orphaned. It is likely that Hays was apprenticed to a carpenter some time before his parents died. We know that, even in his early twenties, Hays earned his living as a carpenter and was considered quite accomplished, so he would have had to have learned the trade in his teens. Apprenticeships had become less common in the early 1800s, but were still more common than in modern times. Hays would have been seventeen in 1829, the year of his parents' death, so he could have been apprenticed out several years before that time. Such a situation might explain why Hays was not mentioned in guardianship records, since his master would have been his legal guardian. 

Hays moved to Montgomery County Alabama a short time after his father's death. Hays must have inherited money from John's estate, because he was able to purchase land in Autauga County, Alabama shortly after his arrival there. Hays would have been in his early twenties at this time, which was a very young age to obtain his independence. This is  evidence pointing to a likely inheritance.

John Gilley owned three large parcels of land in eastern Georgia, which were sold as part of the probate process. The money made on this sale may have been split four ways and given to John's four sons. A cursory search for deed records has not been fruitful, but such a record could be crucial in further proving the connection between Hays and John Gilley.

This is an early plat map for Montgomery County. Hays owned land in Township 17 North, Range 17 East (T17N, R17E). In the map below, it is Section 15, fourth column from the left, and three down.

Hays B. Gilly  }  Rec'd for execution March 22nd 1834

Deed of Trust }

Henry Goldthwaite }

Know all men by these presents that I Hays B. Gilly of the County of Montgomery for and in consideration of being indeteted to Henry Goldthwaite by note of even date with these presents payable to him or bearer on the 14th March 1835 the better to secure the same do hereby give grant bargain sell enscoss [ensconce] And confirm unto the said Henry Goldthwaite all that certain lot of land situate in the west part of Fractional Section number Twelve of Township seventeen of Range seventeen known and described in a plot of said Fractional Section as Lot number two in square number fifteen with all  the priviledges thereunto assertaining to have and to hold the afore granted premises to the said Henry Goldthwaite his heirs and assigns forever upon the condition nevertheless that on the payment of the said item of money secured by the said note then the Estate hereby created to cease and determine and the deed to become wholly void and of no effect. And I do covenant with the said Henry Goldthwaite his heirs and assigns that I am lawfully seized in fee of the afore granted premises that they are free of all encumbrances that I have a good right to sell and convey the same to the said Henry Goldthwaite his heirs and assigns and that I will warrant and defend the said premises to the said Henry Goldthwaite his heirs and assigns forever against the lawful claims and demands of all persons.

In witness whereof I the said Hays B. Gilly have hereunto set my hand and seal this 14th day of March in the year of our Lord one thousand Eight hundred and Thirty Four.

H. B. Gilly

The purpose of this mortgage seems to be to fund Hays  B. Gilley's move to Texas with his family. Shortly after this deed was written, Hays moved to Brazoria County, Texas, which was still part of Mexico at that time. It is likely that Hays and family traveled to Texas by water, since Hays' land was within walking distance of the Alabama River. They would have traveled south to the Gulf of Mexico, then west to Texas, where they may have disembarked at the new port city of Quintana.

We know they settled in the city of Quintana, on the western side of the Brazos River and on the shores of the Gulf of Mexico. The 1844 map below shows where Quintana lay in relationship to the Brazos River, as well as Quintana's rival city Velasco, where Hays also owned at least one lot of land. Galveston can be seen several miles up the coast. Quintana and Velasco were bitter rivals for the honor of being the primary port city in Texas, but it was Galveston that ultimately won honor to the title.

Hays B. Gilley was a pioneer in Texas. His name appears in Stephen F. Austin's Register of Families (as seen below), which lists H. B. Gilley as Hays G. Gilly [the G. is obviously a transcription error], Where from: Alabama
Date of Application: 6 Jun 1835
Family and Age: 28 years old 2 females
Occupation: Farmer, "Wants land between Clear Creek and Dickersons Creek"

It is unknown whether Hays obtained any land from Stephen F. Austin, but he soon had several lots of land in the city of Quintana and at least one in Velasco.

Page taken from Stephen F. Austin's Register of Families, showing
Hays B. Gilley's application for land in the colony.

Hays was married for over a year before leaving for Texas, given that he declared on his 1836 land application that he and his wife already had two daughters. We know from a biography of his son, that Hays B. Gilley and Hancy Hall were married about 1834 in Montgomery County. A search of marriage records in Montgomery, Autauga and other neighboring counties has yielded no results. At any rate, we know that they were probably married before leaving for Texas, where they arrived sometime before the signing of the Texas Declaration of Independence (2 May 1836).

On arriving in Texas, Hays made himself busy as a carpenter, building homes for new residents. According to A History of Quintana by Martha Doty Freeman, Hays worked with two other carpenters in Quintana--Kinsey Layton and James Hall. James Hall was probably related to Hancy Hall, Hays' wife, and undoubtedly came to Texas with them. There is evidence that Kinsey Layton also came from Alabama (at least one researcher claims that he was married there), so the three of them may have worked together in Alabama before moving to Texas.

This James Hall received a land grant in Brazoria County, Texas that proves that he had served during the War of Texas Independence. In addition to this, about a year after the war was over, James was tried for murder. He had been out late at night gambling with a friend. The friend had called for money from James, in order to continue gambling. They left the bar together, but the quarrel continued. This led to an intense physical struggle that resulted in the friend's death. James was found guilty of murder, and hung.

Though it is possible for a middle-aged man to have been involved in a military campaign, and later a murder, these actions are more probable from a younger man. Given the likelihood that James Hall was under thirty years of age in the late 1830s, he was probably too young to be Hancy's father. It is probable that he was a brother of Hancy Hall, and so brother-in-law of Hays B. Gilley. No records have yet been found that trace James back to his family in Alabama. Such a document might be key in locating Hancy (Hall) Gilley's parents.

Hays worked for several years with his two partners. They built homes and businesses in both Quintana and Velasco. Several later newspaper advertisements mention homes for sale which were originally built by Hays. Here is one:

:

His carpentry skills must have been impressive since he was employed to build many homes and businesses in Quintana and Velasco. We know that Hays' skills were employed in many ways during this busy time. Here is a receipt for two coffins that Hays built for soldiers who died in the War of Texas Independence:

The other one of Hays' partners, Kinsey Layton, also died before 1838, when his estate went into probate. It is believed that Kinsey may have died in the War of Texas Independence. Hays and his partners worked on several building projects together, including a large customhouse for which Hays and his partners were paid over a thousand dollars. Hays made Quintana his home, buying three lots in the city, hoping for future prosperity. There was great hope in Quintana, at the time, that they might become the most important port city in Texas. These hopes were soon dashed, and Quintana did not survive even as a port town. Today it is an empty park. This must have been a grave disappointment for Hays and his family.

On 9 June 1838, Hays sold a lot in the city of Velasco, just across the Brazos River from Quintana, to a man named J. P. Black. The deed was witness by a T. P. Fish and Joseph Gallahan. The original deed is recorded in Book A page 80. He may have been consolidating his wealth, and placing all of his hopes in Quintana at that time.

Republic of Texas }

County of Brazoria }

City of Velasco }

Know all men by these presents that I H. B. Gilly for and in consideration of full value received have this day sold and by these presents do baargain, sell, alien, convey unto Mr. J. P. Black one lot of land in the City of Velasco situate on the North side of East Union Bayou and also one small dwelling house erected thereon with all my singular the other improvements on said lot and I authorize the said Black to obtain a title for the same lot from the Velasco association in his own name and I hereby bind myself my heirs and assigns to forever, warrant and defend to the said Black a good and perfect title to  [several words covered] the claim or claims of any person whatsoever. Witness my hand and seal this First June A. D. 1838.

H. B. Gilly

Witness:

P. P. Fish

Joe Callaghan

Republic of Texas }

County of Brazoria }

City of Velasco }

Before me John Sharp Notary Public of the City of Velasco duly commissioned and sworn. Personally appeared H. B. Gilly and acknowledged that he signed the same for the purposes specified therein recorded Book A page 80. Witness my hand and seal and affirm the ninth day of June A. D. 1838.

John Sharp Notary Public

Filed in office June 28th, 1839

City of Velasco, Brazoria County TX Deed for H. B. Gilley

During his residency in Quintana, Hays was associated with Orcineth Fisher, the first protestant minister (Methodist) to proselytize in Texas. Land transaction records prove their association, for example Hays purchased 4,605 acres in Hamilton County Texas from Orceneth Fisher on 5 Apr 1852. From this close association, Hays was converted to Methodism, and soon became a Methodist minister himself. This is reflected in the 1850 Census, where his occupation is given as "Minister."

Here is the 1861 Tax List in Coryell County showing the tax for O. Fisher, and original grantee as H. B. Gilly:

By 1845, Hays and Hancy had moved to Washington County, Texas, where Hays begins to appear in the tax lists. The city of Quintana had not drawn enough settlers to make a viable future for the port city, and consequently demand for building new homes and businesses had dried up. Hays decided to purchase more land on which to support his family. By 1849, they purchased property in Washington County--fifty-seven acres, according to the tax lists.

They can be found in the Gay Hill District in the 1850 Census for Washington County, Texas:

H. B. Gilly 39 GA Minister, value of real estate $1000

Nancy Gilly 35 NC

John Gilly 12 TX

Henry Gilly 8 TX

Sarah Gilly 10 TX

W. H. Gilly 4 TX

Mary Gilly 2 TX

Martha Gilly 1 TX

In 1855, H. B. Gilly and his wife sold acreage to David Fisher (Washington County TX Deed Book A p. 264) in Washington County.

By 1860 Hays no longer claimed to be a minister, and was making a very good living by farming, which shows in the fact that his real estate has risen to seven times the value.

1860 Census Washington County Texas:

H. B. Gilley 49 GA Farmer, value of real estate $7000, value of personal estate $3000

Hancy Gilley 46 NC

John Gilley 23 TX

Henry Gilley 20 TX

Sarah Gilley 16 TX

Mary Gilley 12 TX

Martha Gilley 10 TX

James Gilley 7 TX

Anna Gilley 5 TX

Thomas Gilley 2 TX

William Gilley 18 TX

On the 15th of February 1860, Hays purchased two parcels of land, one 280 acres and the other 40 acres, near Hooker's Prairie in Burleson County, Texas. On the 5th day of January 1866, H. B. Gilly sold the forty acre plot to John B. Boyles, witnesses were John D. Carrole and Harris Denton. The land was slated to be used to build a school.

State of Texas          }

County of Burleson }

Know all men by these presents that I H. B. Gilly of the State and County aforesaid for and in consideration of the sum of Seventy Dollars to me in hand paid by John B. Boyles of the State and County aforesaid have bargained and sold land by these presents. I do bargain, sell and convey unto the said John B. Boyles, a certain tract of land situated near Hooker's Prairie in the County aforesaid a part of League No 3 granted to S. C. Robertson and bounded and described as follows. Beginning at the N. W. Corner of John B. Boyles survey of one hundred and fifty acres thence N. 30 degrees W. with the West two of the aforesaid League nine hundred varas to a Stake for the N. W. Corner from which a Post Oak 8 in. in dia.; mkd A Stands. N 79 degrees West, 10 varas and a Hickory 10 in. in dia. mkd B. Stands, N 35 degrees W ---- and thence N 60 degrees E 245 varas to a Stake for the N. E. Corner from which ______ [space is left blank in original] 12 in. in dia. Mkd C Stands. S 54 degrees E 7 vara and a black oak 5 in. in dia. Stands N 44 degrees W 13 1/2 varas Thence S 38 E 940 varas to a stake for the S.E. Corner from which a Hickory 4 in. in dia. Stands N 80 degrees E 60 1/4 varas and a black oak 5 in. in dia. Stands N 32 degrees W 5 1/4 varas Thence S 69 degrees W 245 varas to the place of beginning. Containing 40 acres more or less. To have and to hold the above described tract of land unto the said John B. Boyles his heirs and assigns forever. And I bind myself my heirs executors and administrators to warrant and defend the possession of the above described tract of lands unto the said Boyles his heirs and assigns against the lawful claims of all persons claiming or to claim the same or any part thereof.  In testimony whereof, I have hereunto set my hand and seal the 31 Day of January 1866.

H. B. Gilley {Seal}

Witnesses

John D Carrole

Harris Denton

[A Vara is Spanish measurement, it is equal to 8.22 feet.]

The State of Texas }

County of Burleson }

This day personally appeared before me, the undersigned authority, John D. Carroll one of the subscribing witnesses to the foregoing deed and before duly sworn ---- ----- ----- saith upon oath that he saw H. B. Gilley whose name appears subscribed to the foregoing deed, did acknowledge in his presence and

[incomplete transcription]

[Note: A Vara is a Spanish unit of land measurement used in early Texas deeds. It was equal to 33 1/3 inches, or 36 varas to 100 feet.]

On 16 February 1860, he sold part of his land to B. Gillespie et al. (Washington County TX Deed Book R p. 214). 

Land near Caldwell in Burleson County, Texas near where
Hays eventually settled his family.

The family cannot be located in the 1870 & 1880 Census in Burleson County. No Census was taken in Eastern District, Burleson County in 1870, because all of the Marshalls had gone to serve in the Civil War and did not return. Outlying areas assumed that not enough people lived there to make it worth their while to enumerate it. The 1880 Census for Clay Township was burned, so there was no record of them in that census.

H. B. Gilley can be found in the tax records for Burleson County as early as 1862, but after 1865 he no longer appears on the tax lists. Since they continued to hold the land during this interval, it is unclear why Hays had discontinued paying taxes. In 1873 Hancy began to pay the tax on the land. There is a large gap in the tax rolls after 1877, and tax records don't resume until 1889. Hancy had taken over the farm, and wouldn't let Hays control their finances. The following deed goes far to explain why Hays disappeared from records.

A transcription of the above:

The State of Texas }

County of Burleson }

Whereas I Hancy Gilly, wife of Hays B. Gilly, of the State and County aforesaid for the last four years have refused to treat the said Hays B. Gilly as my husband, have ignored his right to manage and control the community property owned by us, have myself exclusively enjoyed, the issues, revenues and profits thereof and have refused and absolutely forbidden him to cohabit or even sleep in the same apartment with me, and whereas I never more intend to recognize him as my husband, am anxious for him to leave the homestead, and do now declare that our personal seperation is fixed forever and whereas a division of the said community property is desireable.

Now therefore know all men by these presents, that I, Hancy Gilly for and in consideration of the promises and of seven hundred dollars cash in hand to me paid by the said Hays B. Gilly the receipt whereof is hereby acknowledged, have this day grated bargained and sold and by these presents do grant, bargain, sell, release, alien and convey unto the said Hays B. Gilly one hundred acres of our present homestead tract of land situated in the County of Burleson and a part of League No. 3 titled to C. G. Robertson and being a part of the first tract of land described on a Deed of Conveyance executed for Emily B. Gillespie, John Bayles and Mary E. Bayles to the said Hays B. Gilly and recorded in the Land Registry of said County in Book G on pages 166 & 167, said one hundred acres being described by metes and bounds as follows, to wit,

Beginning at the S E corner of a survey made for the school tract, at stake from which a black jack 10 in dia marked S bears N 45 degrees W 10 vs: Thence, S 60 degrees @ 1936 vs to a stake in the prairie for the N W corner; thence S 30 degrees E 293 1/3 vs to a stake for the SW corner; Thence N 60 degrees E 1936 vs to a stake from which a Hickory 7 in dia marked X bears S 46 degrees @ 1 1/2 vs Thence N 30 degrees W 292 1/2 vrs to the place of beginning, together with all and singular the rights, members, hereditaments and appurtenances there unto belonging or in any wise incident or appertaining.

To have and to hold unto him the said Hays B. Gilly, his heirs or assigns in fee simple forever. And I do thereby bind myself, my heirs and legal representatives to warrant an forever defend the title to the above described premises unto him the said Hays B. Gilly, his heirs or assigns against any and all persons whomsoever lawfully claiming or to claim the same or any part thereof by through or under any title derived or emenating from me.

And I the said Hancy Gilly do hereby give, relinquish and forever disclaim unto the said Hays B. Gilly or other heirs any and all rights of descent and inheritance that I may hereafter possess or acquire as one of his heirs at law and do hereby surrender, henceforth and forever, unto him, his other heirs or his assigns all my right, title, interest and claim, present or prospective in and to the land above described or any other property real or personal, which he may hereafter prossess or acquire. And hereby assuming the custody and control of our two minor children, to wit; a daughter eighteen, years old and a son fifteen years old, I the said Hancy Gilly do hereby release the said Hays B. Gilly from any liability for their maintenance, support and education.

In testimony whereof, I hereunto set my hand on this the 12th day of March A. D. 1878

Hancy Gilly

The State of Texas }

Burleson County }

Before the undersigned, a Notary Public in and for said County personally appeared Hancy Gilly, wife of H. B. Gilly, parties to the foregoing Instrument of Writing, bearing date the 12th day of March A. D. 1873, and having been by me examined privately and apart from her husband, and having had the same fully explained to her, she, the said Hancy Gilly acknowledged her signature to the same and declared that she had willingly signed the samd and that she wished not to retract it.

Do Certify Which I hereunto sign my name and offer my Notarial Seal, on this the 19th day of March A. D. 1873.

M. H. Madison

Not. Pub. B. C.

------------------------------------------------

Thus, Hays was granted half of the property, and was to build his home on the opposite side of the property, away from Hancy. It is unclear what occurred that caused her to take these measures, but she had obviously lost trust in him and took over the role as head of household.

Hays death date has yet to be confirmed. Texas did not require death records until 1903, so there is little chance that a death record exists for him. His burial site has yet to be located, nor has an obituary been found for him. This is probably due to the fact that Hancy did not condescend to put a marker on his grave, or publish an obituary for him. However, since the death date of 1884 comes from an interview with Thomas F. Gilley, one of Hays' sons, and was taken less than ten years after Hays' death, it is probably an accurate date.

Here is the information from the biography of his son:

History of Texas Together With A Biographical History of Milam, Williamson, Bastrop, Lee, Travis, and Burleson Counties, Part 2, by the Lewis Publishing Company, Chicago, 1893. Pages 594 - 595

“T. F. Gilley - Hays B. Gilley was a native of Georgia, born in the historic year of 1812; Hancy Hall was born in North Carolina in 1815. Both were reared in Alabama and in the town of Montgomery, that State, were married in 1834. One year later, in 1835, they came to Texas and settled at the mouth of the Brazos River, where the town of Quintana now stands. Following this date Mr. Gilley resided for a number of years in southern Texas, where he was engaged at his trade as a carpenter and later as a minister of the gospel. He was thus a builder in a two-fold sense, and in each a most capable workman. He drew the plans and specifications for a number of the first business houses erected in Galveston, where he was a resident at an earlier day, being well known to most of the settlers of the lower country. About 1845 he turned his attention to the ministry, joining the Methodist conference and from that day on until his years on earth ended, labored zealously in the cause of Christianity. For a long time he did itinerant work, but was later given regular charges, having in this way preached to many churches in central and southern Texas. He died in Caldwell in 1884, ripe in years and in Christian grace and experience. His widow is still living, though well advanced in years and feeble in health. She has been a member of the Methodist Church for more than a half century and is a most devout Christian woman.

"Ten children were born to Hays B. and Hancy Gilley, as follows: John J., Henry H., William H., Sarah, Nathan, Mary, Martha, James A. and Anna. Of these John J. died in a hospital at Quitman, Mississippi, during the late war, being a member of the Second Texas Infantry, and William H., who was a member of the same command, was captured while in a hospital at Oxford, Mississippi, and it is supposed died in a northern prison, as he was never heard of afterward. The eldest daughter of the family, Sarah, was married to A. D. Gallion and died in 1874 Nathan died in infancy. Mary was married to J. J. Noel and died in 1884. Martha was married to D. H. Noel and died in 1873. Henry H. and James A. are farmers, residing in Burleson county, and Anna was married to T. E. Elsie and lives in north Texas. Thomas F. Gilley, sixth son and youngest child of Hays B. and Hancy Gilley, was born in Washington county, Texas, June 27, 1858. His parents moved to Caldwell when he was an infant, his boyhood and youth were passed in this place and on a farm in this county, where he received such educational advantages as were afforded by the schools when he was growing up. Having been reared mainly on the farm he took up farming when he began doing for himself and until 1882 was actively engaged in agricultural pursuits. Having always shown a fondness for mathematics and an aptitude for books he took up the study of book-keeping, which he mastered and in the year last named quit the farm and began book-keeping for the firm of Jenkins & Jenkins, lumber merchants of Caldwell, and has been with them continuously since. He retains his farming interests, however, owning a well-improved place of about 370 acres in the vicinity of Hookerville, over half of which is in cultivation, which he leases. For ten years past Mr. Gilley has stuck closely to business pursuits and in fact has never held any public office, but occasionally takes an active interest in State and local politics, being a Democrat 'in whom there is no variableness or shadow of turning.' He has also been connected with some local enterprises and always stand ready to do his part in fostering those interests that tend to the general welfare of the community in which he lives. February 24, 1892, Mr. Gilley married Miss Samantha King, of Caldwell, a daughter of J. M. and Mary King, and the eldest of five children. Mrs. Gilley was born in Burleson County, December 19, 1869. Mr. and Mrs. Gilley have one child, a boy, Thomas Sion.

"H. B. applied (on 6 June 1835) for a headright land grant in Brazoria Co., TX and received it on 15 February 1838. He was part of Stephen F. Austin's Colony in the republic of Texas, and his name is listed in the register of these original colonists. He was a carpenter and later a Methodist minister. His conversion and subsequent career change came as a result of his close association with the famous Methodist reformer Orseneth Fisher. They lived in Washington County where the children were born, and moved to Burleson County in the late 1860s."