Friday, March 30, 2012

John Gilley pre-1775 to 1829 (101000)




I have yet to trace John Gilley parents. John's birth date is based on the one Census record (1820) we have for him, which merely tells us that he was over 45 (born before 1775). The death date (Before 19 Jan 1829) and place (Early County GA) are based on probate records. 

No marriage record has been found. John appears in the 1820 Census with a wife who is 26-45 years of age. One researcher claims that her name was Rebecca with a surname Hays (based on their eldest sons first name). I've been informed that the name was supposed to have come from probate records. I have paged through the entire probate court book, and have not found John Gilley's wife named. The only mention of a wife for John was when Martin Wood claims that the mother of the children, who remained unnamed, desired that he should be the children's guardian.

John Gilley's wife is mentioned in his probate records, but without
naming her. It does mention that she had died as well. 


The birth of their first child would put the marriage at about 1811. They had the following known children:

1) Hays B. Gilley b. about 1812 GA; m. Hancy Hall about 1834 Montgomery, AL; d. 1884 Burleson, TX
2) John Gilley b. between 1812-1820 GA; d. unknown
3) William T. Gilley 2 May 1824 Early, GA; m. Martha M. Johnson 31 May 1860 Manatee, FL; d. 12 Mar 1893 Manatee, FL
4) Nathan S. Gilley b. about 1822 GA; m. 1) Sarah Grissett 23 Dec 1842 Leon Co FL; m. 2) Elizabeth Glisson 23 Mar 1846 Leon Co FL; d. About 1856 FL

These children's names are taken from John's probate records. In July of 1830 the probate records list three of the sons in reference to Martin Wood's application for guardianship--John, Nathan and William. In November of 1831, H. B. Gilley is shown to have been a resident in the Gilley home, since his rifle was accidentally sold in John Gilley's estate sale. [See Hays B. Gilley for more on this.]

John Gilley's three youngest sons are mentioned in guardianship
 records--John, Nathan and William Gilley.

 1820 Census, Early, GA:
John Gilly 2 m under 10, 1 m 45 and over, 1 f 26-44


Though the image is all but faded away, a close look will show that "John Gilly" appeared in the 1820 Census in Early County GA. He is over 45 [b. before 1775] and has a wife 26- 44 [b. 1776-1794]. He had two sons under ten years old. These sons would have been between nine and nineteen years old at the time of John's death. H. B. Gilley would have been  eight years old in 1820, and about 18 at the time of John's death. John Jr. was probably the other son born before 1820. Nathan and William were born after this census was taken.

John owned the land he lived on in Early County GA. His title to the land is mentioned in the probate records, when the administrator sought to sell the land. John's name was not listed in the 1820 Land Lottery, but since that was the first lottery in which Early County land was sold, it is probable that he purchased the land from one of the fortunate drawers.

This shows John Gilley's probate record that mentions his title
to the land in Early County.
Here is a map that shows where John Gilley lived in Early County GA, on Lot 311:

The red rectangle indicates Lot 311 which John Gilley owned and lived on.
In the 1827 GA Land Lottery, John is listed as one of the fortunate drawers. He drew two lots in Lee County (now Stewart County) GA. These Stewart County plots are also mentioned in  John's probate records, as Martin Wood was seeking permission to sell the land in 1839 on behalf of the Gilley orphans.
REPRINT of OFFICIAL REGISTER of LAND LOTTERY OF GEORGIA 1827
6TH DAY'S DRAWING-March 13
EARLY.
page 17
Fortunate Drawers: John Gilley,
Captains District: Wilsons
Number: 362
District: 28
County: Lee County
[Lee County was created from Creek Lands in 1826. It is north east of Early County GA. In 1827 it covered what is now Stewart County GA, which is where I believe this land lies, from what was said in the probate records.]
REPRINT of OFFICIAL REGISTER of LAND LOTTERY OF GEORGIA 1827
28th DAY'S DRAWING---April 7th.
EARLY.
page 85
Fortunate Drawers: John Gilley,
Captains District: Wilsons
Number: 237
District: 23
County: Lee County

This probate record mentions John Gilley's land in
Lee County, Georgia

Martin Wood applied for Letters of Administration on John Gilley estate on 19 Jan 1829. Letters were approved on 23 Mar 1829. Most of the information that we have about John comes from these probate records. John Gilley's sons names are drawn from these records, and his land in Early and in Stewart Counties are mentioned in the probate records as well.

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Transcripts of John Gilley's Probate Records:

Georgia--Early County}
January 19th 1829
Then the Honorable Court of Ordinary met according to adjournment Present their Honor Benjm Hodges, Richard Grimsley and Joel Chivers Esquires
Martin Wood Esqr having made application for Letters of administration on the Estate of John Gilley late of the county of Early dec'd. It is ordered that Letters of Citation be granted him.

29 Jan 1829
Martin Wood Esqr. Having made application for Letters of administration on the Estate of John Gilley late of the county of Early dec'd It is ordered that Letters of Citation be granted him--

Mar 23rd 1829
Martin Wood adm'r of the Estate of John Gilly late of this County dec'd, having complied with the requisites of the law by publishing citation, giving bond and security &c-
It is therefore ordered that Letters of Administration be granted to the said Martin Wood as aforesaid. Ordered also that Letters of Appraisment be granted to Martin Wood Adms of the Estate of John Gilly dec'd and that Joseph Grimsly, James W. Alexander, James M. Cown, Dan'l Carroll, Jeremiah Fowler be and they are hereby appointed to appraise the said Estate of John Gilly dec'd according to the law.

Jul 1829
Martin Wood Adm'r of the Estate of John Gilley dec'd returns the appraisement of said estate.

Jul 5th 1830
Martin Wood adm'r of John Gilley dec'd Returned an Inventory of the sale of the said dec'd Estate. Ordered that the same be rec'd and recorded.

The following text follows the above. After it was written, it was Xed out repeatedly, however it is still legible:
Martin Wood Esq'r having signified to the court that it was the special wish of the dec'd mother of the children & orphans of John Gilley dec'd that same Martin Wood should become guardian to the same orphans.
It is therefore ordered that same Martin Wood be and is hereby appointed Guardian to said orphans.

Jul 1830
Martin Wood Esqr having applied for Letters of Guardianship to the persons and Estate of John Gilley, Nathan Gilley and William Gilley, orphans of John Gilley dec'd and the said Martin Wood having complied with the requisitions of the law by giving bond and security.
Ordered therefore that Letters of Guardianship be granted to the said Martin Wood to the persons and property of the said orphans as aforesaid.
[Martin Wood shows up in the 1830 Census in Early County GA as a 40-50 year old. He is living alone, so the boys are not with him yet. Next door is Aaron Tyson, and just a page away is Seaborn Hays (20-30).]

May Term 1831
Martin Wood Administrator on the Estate of John Gilley Deceased having applied to this Court for an order to cansel a bond which he holds against Jerimiah Fowler for to make titles to a certain tract of Land Lying in the 28th District of said County number three Hundred and Eleven which bond was made payable to the said John Gilley in his life time and the said Land not being paid for and the said Jeremiah Fowler being present and makes no objection
It is therefore ordered that the Administrator Martin Wood do Cansel the said Bond and Receive from the said Jeremiah Fowler the note or notes Given for said Land

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. This is evidence that Hays was living in the household of John Gilley sometime before John died.]

19th Novr 1832
Philip Tyson Guardian of the Orphan of Ladin Smith dec'd returns an oath the am't of his Charge against said orphans from the date of 1825 untill 1832.
Ordered that the same be rec'd and recorded.
[There are a couple of more references in the probate records to Philip Tyson as guardian of the Smith children, but no reference to him in connection with the Gilleys.]
Martin Wood Adm'r of the Estate of John Gilley dec'd presents an account of the Receipts and Expenditures of the Estate of said dec'd, for the year 1829, 1830, 1831 & 1832. Ordered that the same be rec'd and recorded.

January adjn'd Term 1833
Martin Wood Guardian of the orphans of John Gilley dec'd returns the rec't expenditures of his wards for the year 1832.
Ordered that the same be rec'd and recorded.

January Term 1835
Martin Wood adm'r of the estate of John Gilly dec returns his account current with said estate. ordered that the same be received and recorded.

January adjourned Term 1835
Jan 12 1835
Martin Wood adm'r of the estate of John Gilly dec'd having applied for Letters of Dismission from the administration of said estate and citation having been published in terms of the Law and no objection being offered It appearing that he has fully administered said estate. It is therefore ordered that he be dismissed and fully discharged from his administration of the said estate.

January 12th 1835
Martin Wood Esq guardian of the orphans of Bronn Livermauden? And also Guardian of Nathan L and William T Gilley orphans of John Gilley dec'd having appeared in open court and states that he is about to remove beyond the limits of this state and states that he wishes this court to appoint another guardian for said orphans so that he may make settlement with the said Guardian before he leaves the state. It appearing to the Court from the statement of Esq. Wood that David D. Smith Esq will accept the appointment of the said Guardianship and A. W. Liverman one of said orphans being above the age of fourteen years comes in open court makes choice of the said David D. Smith as his guardian. It is therefore ordered that the said David D. Smith be and he is herein appointed guardian for N N Livermon  orphan of Broun Livemon dec. and also of Nathan L and William T. Gilly orphans of John Gilley dec. And further ordered that as he is not present that he apply at the Clerks office of this court in vacation and give bond and security and take the oath prescribed by Law necessary to his just qualification as guardian aforesaid and that letters of guardianship be thus issued to him in terms of the law.
[Note: Since neither Nathan nor William chose their guardian as did the Livermon boy, this shows that they may have been underage. That would mean they would have been born after 1821. So, neither of them would then be one of the two sons who were with John Gilley in the 1820 Census.]

March 1837
David D. Smith guardian of the orphans of Jno Kelly Gilly dec'd returns his account current for the year 1836. Ordered that the same be received and Recorded.

Mar 5 1838
David D. Smith guardian of the orphans of John Gilly dec'd having applied for leave to sell the real estate belonging to the said orphans And notice against application having been published in terms of the law And no objection being offered. It is therefore ordered that the said David D. Smith guardian as aforesaid have leave to sell Lot No 237 in the 23rd district of formerly Lee now Stewart County the property of the said orphans agreeable to law in such case made and provided.

November Term 1839
David D. Smith Guardian of Gilleys orphans returns his account of actings and doings as such ordered that the same be received and recorded

Jan 4 1841
David D. Smith Guardian of Nathan and William Gilley came into court and resigns his office as guardian and Abdullah D. Smith applies for said appointment and came into court gives bond and security and takes the oath required by law. It is there for ordered that letters of guardianship do issue to the said AD Smith for the person and property of said Nathan and William Gilley.

September 1845
Ordered by the court that A. D. Smith Guardian of Gilly orphans be & appear at the next term of this court on the 1st Monday in November next, and give new bond & security.

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No further records of guardianship appear for the orphans, though the probate book continues through 1850s. We know that Hays B. Gilley moved to Alabama by about 1832, then on to Texas in 1836. Second son, John Gilley Jr. has not been found after the census and probate records.  Youngest sons, William and Nathan, moved to Florida where they served in the Seminole Wars. 

Since John and his wife seem to have died within a short period of one another, it is likely that they died of the same illness. It is unknown where the couple are buried, though they may have been buried on their own farm prior to its being sold.

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