a possible breakthrough if only the probate settlement documents could be legibly written

Question

Here is the commission to divide the estate document of Abraham Gainey, who I am needing to determine if this proves he is the father of John Gainey. Some have suggested Abraham had two wives (Patsy Darlene Lee actually would have to have been a mistress)s: if it's in evidence that he had two sons named John, that would be fantastic. (Probably too much to expect.)

Also among Abraham Gainey's source is a link for what is purported the will of Abraham's father, Bartholomew Gainey. This document starts out with a lengthy inventory and valuation listing, with possible clues about who the people were in relation to Bartholomew emerging beginning on Image 10. 

The main help I need is what the read is on who potential heirs are and their relationship (e.g., can we establish a line from Bartholomew, to Abraham, to John? - the maternal line would be a bonus). It may be too tall a task as an illegitimate John may not even be named, unless he brought a claim.

The folks in this era and region have few sources that come up in FamilySearch, so whenever a probate (or ideally, a will), that is about all that can be used to confirm lineage.

Comments

Heirs at law, Haywood Gainey, Cullen Gainey, Elias Gainey, Hidey Gainey, Noel Gainey, Holly Gainey, John S. Gainey, William H. Gainey, Ashford Gainey, Pheby Gainey, Edney, wife of Loyd West, Caty, wife of Archibald Andrews, Henrietta, wife of Raiford Autrey, and Jennett, wife of John Gaddie.

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Thanks for that, much appreciated.

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Given what Marion Poole found regarding a slave schedule for John Gainey (1801-1870), who is clearly separate and distinct from a possible half-brother, John Sorrell Gainey (1819-1887, among Abraham's heirs), I wonder if any evidence of slave transfer activity was documented? That would tend to offer some (though not proof) meager compelling evidence that this other John might be an illegitimate son of Abraham. [Noting also that this other John is in Sampson County.]

Thoughts? Did you read any evidence of slave transfers in the document?

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All I see is a division of the land in that document. There's more in the rest, he died in 1822 and left 14 children. Some were minors at the time of the suit. It's really not that hard to read, but I don't have a lot of time.

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I think the chances that an illegitimate son would get an intestate share are slim.

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Right, I figured as much, meanwhile I did find Bartholomew (slave owner, who died in Sampson Co) unconnected and cleaned it a bit. I've started updating what was an abandoned, generic son of Bartholomew, and made it  Abraham / Abram's, who is established as a slave owner by his father's will that someone put on the profile.

I will see if I can get a sense of other candidate parents for John, but based on what Marion found, they would likely be slave owners. It's an odd coincidence that two John Gaineys who are slavers would be in the same county and be unrelated(?)

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southern_colonies is pre-1776... I left that tag, but added north_carolina

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Good catch.

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I haven't dug into it, but 9 times out of 10, this other John turns out to be a cousin or nephew.

Answer 1

Note: an especially difficult case for proof, because John's father is married to one woman; whereas, his mother would have to have been a mistress.

On the other hand, maybe the lead on his parentage is a blind alley. . .

Answer 2

Findmypast has 1850 census with spelling as Gainy.

:John Gainy Male 49 1801 North Carolina

:Charity Gainy Female 47 1803 North Carolina

:William Gainy Male 23 1827 North Carolina

:Lucinda Gainy Female 19 1831 North Carolina

Xxx

First name(s) Charity

Last name Gainy

Gender: Female

Age 47

Birth year 1803

Birth place North Carolina

Dwelling 516

City/township Sampson county

County Sampson

State North Carolina

NARA series 444657

Record set Us Census 1850

Category Census, land & surveys

Subcategory Census

Collections from Americas, United States

Comments

Findmypast has a John Gainey as a slave owner.

John

Owner's last name Gainey

Year 1850

Slave details Gender: Female, Age: 16, Race: Black, Ethnicity: American, Year of birth: 1834

Residence Sampson county, Sampson, North Carolina

County Sampson

State North Carolina

Country United States

Schedule Slavery

Record set Us Census 1850 Slave Schedule

Category Census, land & surveys

Subcategory Census

Collections from Americas, United States

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Abraham and William were definitely heirs to Bartholomew Gainey’s estate, and what an estate!

Other than what I found above there is nothing that I can connect. There are a few John Gainey.

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Thanks. Note that the 1850 census is on his profile (exact match on dwelling #).

The slave ownership is new data, though.

So it looks like we have nothing to connect John Gainey (ca. 1801-1870) to the Bartholomew-Abraham descent.

Thanks again for checking!

Answer 3

These sounds interesting. Mind if I poke my nose in here and see what I might find?

Comments

That'd be great.

1850 Slave Schedule for John S Gainey

1850 Slave Schedule for John Gainey

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Looks like Ben Buckner was correct in his assessment - although the proofs are "in process," the evidence is pointing toward John Gainey being the son of William, who was Abraham's brother. I've made the connection on FamilySearch and will see if enough proofs emerge to complete the related profiles here.

Answer 4

On the 1840 Census for Sampson, NC appears John Gayny:

Name:	John Gayny
Home in 1840 (City, County, State):	Sampson, North Carolina
Free White Persons - Males - 10 thru 14:	1
Free White Persons - Males - 20 thru 29:	1
Free White Persons - Females - 5 thru 9:	1
Free White Persons - Females - 20 thru 29:	1
Free White Persons - Females - 30 thru 39:	1
Free White Persons - Females - 60 thru 69:	1
Slaves - Females - Under 10:	2
Free White Persons - Under 20:	2
Free White Persons - 20 thru 49:	3
Total Free White Persons:	6
Total Slaves:	2
Total All Persons - Free White, Free Colored, Slaves:	8

Also a John Ganey received a land grant in Sampson, NC 1802 and 1813.

Any chance John Gainey is the son of John Gainey?

Answer 5

I found on Ancestry the LWT and entire probate file for an Abraham Gainey probate date 1822 Cumberland County, NC. It wasn't settled until 1842 and lists the widow of Abram Gainey as being Cady Gainey. Pages long.