 |
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."
