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William M. Cooley, William Matthews Cooley[1][2][3][4]
William b. abt. 1759 NC s/o John Cooley b. abt. 1738 England d. 1811 Casey Co., KY and poss. Sarah Matthews. William Matthews Cooley appeared in Surry Co., NC (formed from Rowen Co., NC in 1771; Rowen formed from Anson Co., NC in 1753) records in the 1780s and is likely this William. It's also confirmed that William was John's oldest son because a descendant of William's has the Stokes county NC Cooley markers.[1]
William m. Anne Gray b. abt. 1760 d. Sep 1828 Henry Co., TN d/o Major Joseph Gray, Sr. d. abt. 1814 Stewart Co., TN and Mary Plunkett.[1][4]
William, his Cooley family members and his brother-in-law Joseph Gray were involved in the following transactions in Kentucky:[1]
On 24 Oct 1782 to 24 Nov 1782, William served in Captain James Downing Company of Militia in Lincoln County, Kentucky against the Shawnees under General George Rogers Clark. The individuals involved were: James Downing capt; Benjamin Cooper lieut; William Hogan ensign; Samuel Shelton sergt; Charles Rice sergt; Joseph Mosby sergt; Christopher Smith, Morgan Linvill, William Mitchell, John Wilson, Mical Woods, William McClure, Thomas Gass, Samuel Grant, Joseph Turner, Elisha Allen, John Myrpha, Samuel Lamb, Townsand Fuegate, James Grey, William Jones, James Turner, Daniel Barton, Sameul Teater, Samuel Brown, Jacob March William Adams, Barnet Stobald, John Boyles, William Smith, William Grant, David Findley, Asal Davis, George Scott, James Hogan, John Downey, Jessee Coker, William Cooley. [5] Also, William served with James Grey - William's future brother-in-law Joseph Gray had a brother named James Gray.
1784: Joseph Gray granted 400 acres along the Rolling Fork, Jefferson Co., VA (now KY). This area was later Nelson co, later Washington co, later Marion co KY. (Kentucky Land Grants, bk 9, p357, 15 Mar 1784.)
1784: Book C p257: John Cooley Sr, William Matthews Cooley & John Cooley Jr app Constable of Willis Dist. 1784, 85, 86.
17 Apr 1785: Joseph Goode to Morgan Davis, 100ac south side Dan River below mouth Flat Shoal Cr. Witnessed by John Cooley, Sr, John Cooley Jr, and William Matthews Cooley. (Deed Book C p257, 17 apr 1785)
14 Jan 1786: 14 Jan 1786 Mark Hardin, Senr. Guilford County to Robert Dearing, Orange County, VA 150 pds 400 ac both sides Evans Creek adj Isaac Vernon & Thompson. William M. Cooley) Joseph Vaughn) George Ray) Surry County, North Carolina County Court of Pleas and Quarter Sessions, 1790-1795 Vol. 1. Compiled by Agnes M. Wells. John Cooly Constable for serving at Nov. court 1789 (North Carolina County Court of Pleas and Quarter Sessions, 1790-1795 Vol. 1.)
1786: Joseph Gray appointed Justice of the Peace, 1 Aug 1786. (Mercer co KY Order Book #1, 1786-1790)
1787: Last mention of William Cooley in Surry County: that it be "Ordered by the Court that William Cooley be Exempted from paying a poll Tax for himself for the future." (Feb 16, Surry county court minutes, p 79.) Note that one of the conditions by which a taxpayer could be exempt is that he is in the process of relocating.
1787: "Willm Cooley" first appears on the tax list for Madison County, Virginia (now Kentucky).[6]
1789: In Nelson County, Joseph Gray and William "Cooly" sign a petition to the Virginia government. (Remember, Kentucky was still part of Virginia. Washington County was later formed out of Nelson County.)
1789: William Cooley v Jeremiah Gray on debt, 25 Nov 1789, Mercer co KY. Several appearances in court. Suit was dismissed 24 Aug 1790.
1794: Washington co KY tax list, 22 May 1794, William Cooley, 15 cattle, 2 horses.6
1795: Washington co tax list: William Cooley, 1 white male above 21, 20 cattle, 3 horses.6
1796: Washington co KY tax list: William Cooley, 52 acres, Rolling Fork, land was entered by Jonathon Ingram, land was surveyed for Joseph Gray and grant issued to Joseph Gray. 1 white male over 21, 2 horses, 9 cattle.6
1797: William Cooley and Joseph Cooley appear on the Washington co KY tax lists.6
1800: Will Cooley appears on the tax list for Washington County, Kentucky.
1800: Joseph Gray commissioned Captain of the 4th Regiment of the Kentucky Militia (1 Apr 1800).
1800: William Cooley and John Cooley are witnesses to the will of John Good of Lincoln county KY. John's "trusty and well beloved friend" Major Joseph Gray of Washington county is one of the executors. John's son, Timothy Good and father, Thomas Good, are named.5 Note that the Goodes and Cooleys were closely aligned in Surry (later Stokes) county NC. The senior John Cooley and Richard Goode, nephew of Thomas, served together 1755 from Caroline co VA.
1801-1804: William Cooley appears on Washington co tax list for each year.
01 Aug 1802: William M. Cooley purchased 308 acres of land on Dyer Creek in Stewart Co., TN from Robert Fenner. NC granted Fenner that land by patent No. 1159, 26 Nov 1789 to Richard Fenner, assignee of Joshua English, a private in her continental line. On 15 Oct 1798, RIchard had sold the land to Robert.[2] Robert Fenner received the land from his father Richard, one of the original military grantees in Tennessee following the end of the Revolution. Interestingly, the land that Joseph Gray granted to Joel Cooley was originally owned by James Cole Montflorence, also an original military grantee.
1803: Joseph Gray of Washington County, Kentucky sells "negroe Girl Slave named Betty" to Anne Cooley, wife of William Cooley of the same county. [link]
1803: Court Order Book 2 for 7 Nov 1803, p 67: "For reasons appearing to the Court it is ordered that William Cooley be released from the payment of county levies in the future."6 Again, he had probably made claim that his residence had moved, this time to TN.
1804: Joseph Gray sells to Bird Lawless land that is adjacent to "William Cooleys line."Eula Ray Kirkland states, "This land is located south of Gravel Switch about 1 1/2 miles on Hwy. 337." That would place it near to or right at the Rubin Cooley Branch. That same year, John Cooley Sr deeds land (Stokes County NC) to sons Reuben and James Cooley.
1804: William Cooley sells Washington County, Kentucky land to Bird Lawless (Washington County Kentucky Deed Book C).
1804: William Cooly, Joseph Gray and Richard Cooly witness deed of John Butler of Washington co KY to William Crowdes of Washington co KY for land in Mercer co KY. (Bk 5 p 340 19 Oct 1804).
1805: Hezekiah Boyce vs. Isaac Brunson - "This day comes into court, by their consent their suit is taken out of court, and let to the award of William Cooley, Thomas French, William Haggard and Aaron Fletcher as arbitrators, to settle and adjust all the accounts and disputes between the said Boyce and Brunson now depending in said court. And the said arbitrators come into court and are sworn as such proceeds." (Minutes of the Stewart County Court of Pleas and Quarter Sessions, Minutes of the Stewart County Court of Pleas and Quarter Sessions, 11 June 1805).
1806: John and Reuben Cooley taxed for land on the Rolling Fork, Lincoln County, KY. Perrin Cooley appears on the Washington co tax lists for 1806- 1809 and 1811: The year he moved to Missouri with brothers Joseph and James Cooley. Joseph Cooley appears on the Washington co tax lists for 1806 and 1811.
1806: "William Cooley records his ear mark, a crop and a hole in each ear." (Minutes of the Stewart County Court of Pleas and Quarter Sessions, 10 March 1806).
1806: Joseph Gray deeds Stewart co TN land to William Cooley, witnessed by A Atkins and Richard Cooley (Stewart co TN deed bk 2 pg 25, 4 Nov 1806).
1810: William M. Cooley is on the Stewart Co., TN tax list (TN Early Census Index, p. 110)[7]
1811: William Cooley is on the 1811 Stewart Co., TN tax list.[8]
1812: Joseph Gray, now of Stewart County, Tennessee wills his Rolling Fork, Washington County, KY land to son Joseph Gray Jr: "...gets land in Washington Co., KY on the Rolling Fork of the Salt River, and gets part of land shared with Peter R Booker (originally granted to Joseph Gray Sr and his brother James Gray)." Earlier that year he gifts land in Stewart County to Joel Cooley, son of William M Cooley.
On 29 Sep 1818 William Cooley attested to the Revolutionary War service of Squire Baker:[9][1]
07 Aug 1820: Stewart Co., TN William's household consisted of 1 male 10-15yo; 1 male 16-25 yo; 1 male >45 yo; 1 female <10 yo; 1 female 10-15 yo; 1 female >45yo; 4 male slaves <14 yo; 5 female slaves <14 yo; 2 female slaves 26-44 yo; 6 persons engaged in agriculture; total 11 free white persons; total 11 slaves; total household 17 persons.[10]
William d. 1823 Stewart Co., TN.[2]
In May 1827 after William's death, his sons Jonathan and Richard were Administrators of their father's estate and William's children were also named.[3]
In the December Term, 1838, Tennessee Supreme Court, Nashville, TN, a trial was held on an Appellate Court decision in a suit commenced 21 Jun 1836, where William M. Cooley's heirs (Richard, Jonathan, George and William G. Cooley, William H. Haggard and Rebecca his wife, Joseph Webster and Elizabeth his wife, and Issac Piles and Ann his wife) sued Solomon R. Valentine to eject Valentine from 345 acres of land on Dyer's Creek, Stewart Co., TN.[2]
Here's a summary of the trial and findings:[11] In 1823 William Cooley died intestate, leaving several heirs, some of whom were minors at the time. In 1819, Cooley had borrowed $2000 and apparently some of the debt remained unpaid when he died. The defendant/administrators of Cooley's estate were sued and the jury found for the creditor(s) in the amount of $474.42.
Although the language was different at that time, what happened next was essentially an execution against the land for satisfaction of the $474.42 judgment. The Sheriff proceeded to give notice to the adult heirs but failed to properly serve certain minor heirs. The property was sold on June 10, 1826 for $499.38 1/2 at auction to the County Trustee. At the time of sale, Mrs. Cooley still lived there with another heir and a lessor of the plaintiff.
On February 8, 1827 a deed was issued to the County Trustee. On July 10, 1832, the Trustee sold the land to a Christopher C. Clements, who had acquired the property via a verbal contract (apparently legal at that time) and was in possession of the property. The appellate court noted however that until he received a deed, Clements' verbal contract made him only a tenant at will until he received a deed and the recitation of facts is silent on whether Clements every received a deed.
At some point Clements sold to Valentine. On June 21, 1836, Cooley's heirs sued Valentine to eject him from the property, claiming the judgment directing the sale of the property was void because of a number of factors, but primarily because the notice of sale was not properly served upon the minor children and therefore the 1826 sale was void viz-a-viz the minors and ergo, the adults as well (although the adults had been properly served).
The appellate court held that the trial court made numerous errors. While the judgment was indeed void as against the infants, it did not necessarily follow that it was also void against the adults. The court also held that Clements may have been entitled to a valid deed if he could establish 7 years of adverse possession.
The case was remanded for another trial, presumably upon the legality of Clements title.
William and Anna had the following children:[1][3]
Note: W.M. Cooley purchased land on Dyers Creek in present day Stewart County, from Robert Fenner in 1789. Stewart County was not formed until 1803 so the land would have originally been in one of the parent counties: Montgomery, Davidson, Tennessee (extinct), but probably not Sumner. Tennessee became a State in 1796 so they would have been "North Carolinans" because the Counties in Tennessee in which they lived were part of North Carolina at that time. The Cooleys may have been from Halifax County, NC since early marriage records point to Cooleys there. I have heard that Tennessee County, North Carolina's records ended up in Montgomery County, Tennessee. 2 Source: 1807 Tax List, Stewart County, Tennessee: William Cooley: 138 acres on Dyers Creek - taxed on 3 blacks. - 138 acres deeded to him from Joseph Gray, Sr. in 1806. 2 Source: 1808 Tax List, Stewart County, Tennessee: William Cooley: 390 acres on Dyers Creek - taxed on 2 blacks. 2 Source: 1820 U.S. Census, Stewart County, Tennessee. 2 On 4-Nov-1806, William pruchased land from Joseph GRAY (138 acres on Dyers Creek, adj. McDOWELL; part of 3840a where GRAY lives; wit: A. ATKINS, Richard COOLEY. Source: Stewart County, Tennessee, Deed Book 2, page 25. 2 2 Stewart Co. TN, Will Book B, page 116. State of Tennessee. We the Commissioners whose names are undersigned have met according to authority on the lands of William M. Cooley Deceased to lay off the Dower of Widow Ann Cooley agreeable to an order of Court directed to in and we the Commisssioners saeth that the one third laid off for Mrs. Cooley is to begin at the North east Corner of the tract of land whereon she now lives which William M. Cooley Deceased bought of Robert Tinner Beginning at and running south one hundred and six poles and two thirds. Thence west one hundred and fifty four poles to a stake. Thence north one hundred one hundred and six and two thirds poles. Thence one hundred and fifty four poles to the the Beginning including the dwelling house. In witness whereof we have this 28 June 1826 set our hands and affixed our seals. John Lee-Seal, William Webster -Seal, Elias W. Smith -Seal, David Moore -Seal, John William -Seal, George Weeks -Seal, Jessee Morris -Seal, Elisha Williams -Seal. Ethel Wallace -Seal, John Morgan (his mark)- Seal, Edward Kelly -Seal, Thomas French -Seal (his mark), Returned to August Term 1826. 2 2 Stewart County, TN Will Extracts. GRAY, Joseph E., will signed 15 April 1812, date of probate illegible; mentions sister Elizabeth SMITH; "my natural son Joseph GRAY, Jr., born to me by Mary PLUNKET, now Mary WILSON" to receive 600 acres in Washington Co., Ky.; mentions part of tract of land owned by me and Peter R. BOOKER. My brother James GRAY; emancipates some of his slaves; will witnessed by William M. COOLEY, Anny COOLEY, and Jonathan COOLEY, all of whom signed with X's. (Book A, page 193). 2 Stewart County, TN Will Extracts: 232 Joseph GRAY Sr. to William COOLEY, Negro girl Dory (16); wit: William CURL, Benjamin EDWARDS; 8 Jun 1807. 2 Cooley Cemetery. Taken from the Cemetery Records of Stewart County, Tennessee. Published by The Stewart County Historical Society, Dover, Tennessee, 1983. Cooley Cemetery. Located on right hand side of Highway 79 two miles north of Dover on hill in front of Swift's Meat Market District # 5 (*Note: Information dates from 1983). Informant: Irene Earhart. She played there 70 years ago (1911) as a child. She cannot recall the names on the four tombstones. It was known as the Morgan Place when she was young. Informant: Walter Brigham. Cooleys were surveying the property line. One told the other not to put his mark on the tree. He did and the other one shot him dead on the spot. It is thought that Cooleys are buried there. Informant: John Green. Two Cooley brothers are buried there. One brother was bitten through the boot by a rattlesnake. The fang was left in the boot. The other brother put the boots on and was scratched by the fang and also died. 4 UNKNOWNS (rock markers). 2 Stewart County, TN Will Extract: William Bailey, county trustee, bought for the benefit of Stewart County a tract of land on Dyers Creek belonging to the heirs of William M. Cooley, deceased, being the place where he lately resided at the time of his death. November 4, 1828.
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