Caswell County Genealogy
 

Yancey, Bartlett Jr.

Yancey, Bartlett Jr.

Male 1785 - 1828  (43 years)

Personal Information    |    Media    |    Notes    |    Sources    |    Event Map    |    All    |    PDF

  • Name Yancey, Bartlett 
    Suffix Jr. 
    Born 19 Feb 1785  Caswell County, North Carolina Find all individuals with events at this location 
    Gender Male 
    Reference Number 3228 
    Died 30 Aug 1828  Yanceyville, Caswell County, North Carolina Find all individuals with events at this location 
    Buried Yancey Family Cemetery, Yanceyville, North Carolina Find all individuals with events at this location 
    Person ID I3188  Caswell County
    Last Modified 14 Jan 2022 

    Father Yancey, Bartlett,   b. Abt 1736, Hanover County, Virginia Find all individuals with events at this location,   d. Oct 1784, Caswell County, North Carolina Find all individuals with events at this location  (Age ~ 48 years) 
    Relationship natural 
    Mother Graves, Ann,   d. 1818, Caswell County, North Carolina Find all individuals with events at this location 
    Relationship natural 
    Married 1760  Orange County, North Carolina Find all individuals with events at this location  [1
    Reference Number 20007 
    Notes 
    • Marriage Record
      Name: Bartlett Yancey
      Spouse: Ann Nancy Graves
      Marriage Date (Day, Month, Year): 1760
      City: Orange County
      State: NC
      Source: Edmund West, comp. Family Data Collection - Marriages[database online] Provo, UT: Ancestry.com, 2001.

      U.S. and International Marriage Records, 1560-1900
      Name: Bartlett Yancy
      Gender: male
      Birth Place: VA
      Birth Year: 1736
      Spouse Name: Nancy Ann Graves
      Marriage
      Year: 1760
      Marriage State: NC
    Family ID F1373  Group Sheet  |  Family Chart

    Family Graves, Ann,   b. 3 Dec 1786,   d. 8 Apr 1855  (Age 68 years) 
    Married 20 Dec 1808  Caswell County, North Carolina Find all individuals with events at this location 
    Reference Number 24470 
    Notes 
    • Marriage Record
      Groom: Bartlett Yancey
      Bride: Nancy Graves
      Date: 20 Dec 1808
      Bondsman or Witness: Azariah Graves
      Source: Caswell County North Carolina Marriage Bonds 1778-1868, Katharine Kerr Kendall (1981) at 125

      Marriage Record
      Groom: Bartlett Yancy
      Bride: Nancy Graves
      Bond Date: 20 Dec 1808
      Bond #: 000019407
      Level Info: North Carolina Marriage Bonds, 1741-1868
      ImageNum: 003071
      County: Caswell
      Record #: 01 358
      Bondsman: Azariah Graves
      Witness: Alex Murphey
      Source: Ancestry.Com North Carolina Marriage Bonds, 1741-1868
    Children 
     1. Yancey, Rufus Augustus,   b. 26 Aug 1809, Caswell County, North Carolina Find all individuals with events at this location,   d. 5 Nov 1829, North Carolina Find all individuals with events at this location  (Age 20 years)  [natural]
    +2. Yancey, Frances Williams,   b. 31 May 1811, Caswell County, North Carolina Find all individuals with events at this location,   d. 3 Oct 1839, North Carolina Find all individuals with events at this location  (Age 28 years)  [natural]
     3. Yancey, Caroline L.,   b. 13 Dec 1812, Caswell County, North Carolina Find all individuals with events at this location,   d. 1813  (Age 0 years)  [natural]
     4. Yancey, Curtius,   b. May 1813, Caswell County, North Carolina Find all individuals with events at this location,   d. Apr 1814, Caswell County, North Carolina Find all individuals with events at this location  (Age ~ 0 years)  [natural]
    +5. Yancey, Algernon Sydney,   b. 28 Jan 1816, Caswell County, North Carolina Find all individuals with events at this location,   d. 27 Aug 1846, Caswell County, North Carolina Find all individuals with events at this location  (Age 30 years)  [natural]
    +6. Yancey, Mary Catherine,   b. 26 Dec 1817,   d. 21 Feb 1906  (Age 88 years)  [natural]
     7. Yancey, Bartlett,   b. Jun 1819,   d. Jun 1819  (Age ~ 0 years)  [natural]
    +8. Yancey, Ann Elizabeth,   b. 15 Jun 1821, Caswell County, North Carolina Find all individuals with events at this location,   d. 20 Jul 1900, Caswell County, North Carolina Find all individuals with events at this location  (Age 79 years)  [natural]
    +9. Yancey, Caroline Louisa,   b. 19 Oct 1823, Caswell County, North Carolina Find all individuals with events at this location,   d. 24 Dec 1842, Caswell County, North Carolina Find all individuals with events at this location  (Age 19 years)  [natural]
     10. Yancey, Virginia Bartlett,   b. 2 Nov 1826, Caswell County, North Carolina Find all individuals with events at this location,   d. 15 May 1901, Raleigh, Wake County, North Carolina Find all individuals with events at this location  (Age 74 years)  [natural]
    Last Modified 14 Jan 2022 
    Family ID F1043  Group Sheet  |  Family Chart

  • Event Map
    Link to Google MapsBorn - 19 Feb 1785 - Caswell County, North Carolina Link to Google Earth
    Link to Google MapsMarried - 20 Dec 1808 - Caswell County, North Carolina Link to Google Earth
    Link to Google MapsDied - 30 Aug 1828 - Yanceyville, Caswell County, North Carolina Link to Google Earth
    Link to Google MapsBuried - - Yancey Family Cemetery, Yanceyville, North Carolina Link to Google Earth
     = Link to Google Earth 
    Pin Legend  : Address       : Location       : City/Town       : County/Shire       : State/Province       : Country       : Not Set

  • Photos
    Bartlett Yancey, Jr.
    Bartlett Yancey, Jr. Portrait
    Ann Graves and Bartlett Yancey, Jr. Portraits
    Bartlett Yancey, Jr., Portrait
    Bartlett Yancey, Jr., Yancey County Seal

    Documents
    Bartlett Yancey, Jr., Family Bible
    Bartlett Yancey, Jr., Family Bible
    Bartlett Yancey, Jr., Family Bible Transcript
    Bartlett Yancey, Jr., Family Bible Transcript
    Bartlett Yancey, Jr., Children
    Bartlett Yancey, Jr., Children
    Bartlett Yancey, Jr., Home
    Bartlett Yancey, Jr., Home
    North Carolina General Assembly Speakers
    North Carolina General Assembly Speakers
    Sprunt Publications
    Sprunt Publications
    Bartlett Yancey, Jr., Tribute
    Bartlett Yancey, Jr., Tribute
    Bartlett Yancey, Jr., Our State Magazine Article
    Bartlett Yancey, Jr., Our State Magazine Article

    Headstones
    Bartlett Yancey, Jr., Grave Marker
    Bartlett Yancey, Jr., Grave Marker

    Newspapers
    Bartlett Yancey, Jr., Elected Speaker of NC Senate, The North Carolina Star, 21 November 1823
    Bartlett Yancey, Jr., Death, Western Carolinian 16 Sept 1828

  • Notes 
    • Bartlett Yancey, Jr. (1785-1828)

      Bartlett Yancey, Jr. (1785-1828)

      The_North_Carolina_Star_Fri__Nov_21__1823_

      Western_Carolinian_Tue__Sep_16__1828_

      (for larger image, click on photograph)
      _______________

      The North Carolina Star, Friday, 21 November 1823.

      Western Carolinian, Tuesday, 16 September 1828.
      _______________

      Hillsborough Recorder (3 Sep 1828): Died - Bartlett Yancey, distinguished for his eminence at the bar, at his residence in Caswell County, Sunday last.
      _______________

      For more information about Bartlett Yancey, Jr., and his family go to Bartlett Yancey, Jr..

      He married his first cousin, Ann (Nancy) Graves. His mother, also named Ann (Nancy) Graves, was the sister of John Herndon Graves, who was the father of his wife, Ann (Nancy) Graves. Also, his mother-in-law is Ann (Nancy) Graves.

      No son of Bartlett Yancey, Jr., had a son. Thus, the Yancey name associated with this branch of the family died out in the first half of the nineteenth century.
      _______________

      The first University of North Carolina graduating class was 1798. Bartlett Yancey, Jr., purportedly was in the class of 1806 (possibly the ninth graduating class). His mother, Ann Graves Yancey, was much opposed to his attending college, whether a general disapproval or just with respect to the newly formed university is not known.
      _______________

      The Heritage of Caswell County, North Carolina - 1985
      [Entry number] 838

      The following excerpt from The Heritage of Caswell County has been much criticized and is placed here because it already is in the public domain and for research purposes:

      There were three Yancey brothers, Louis, Henry, and Richard who came from England to America. Two of them settled in Virginia and one In North Carolina. Their father was a Welshman and Episcopal minister, ordained by the Bishop of Canterbury in England [See Note below] . Bartlett Yancey, Sr. descended from Louis Yancey and came from Granville County, North Carolina to Caswell County. His father was James Yancey, born in 1712, in Hanover County, Virginia. His mother was Ann Thornton.

      The children of James Yancey and Ann Thornton Yancey were: Major Thornton Yancey born In 1740, died in 1779 who married E. Mitchell; Bartlett Yancey, Sr. who married Nancy Graves and died in 1784; Philip Yancey who married Dura Hester; Thomas Yancey who died when a young man; Ann Yancey who married Jesse Saunders; Nancy Yancey who married - Baynes; Lewis Yancey born 1736, married Mary Graves; and Jane Yancey married Ed Saunders.

      Bartlett Yancey, Sr. was a man of great decision of character. He was greatly afflicted with rheumatism and sciatica and could not walk without crutches. When he heard the cannonading at Guilford Court House, he made a servant put him on his horse, hand him his crutches, and he started to go to the battle. His wife came out and took the bridle off the horse and would not let him go. He sat on the horse awhile and she reasoned with him until she convinced him that he could do more good by not going and he might lose his life. He taught school for many years but was not physically able to work on the farm.

      The children of Bartlett Yancey, Sr. and Nancy Graves Yancey were: John Graves Yancey; Thomas Graves Yancey married Betsy Tate; James Yancey married 1st, Lucy Kerr - married 2nd, Zelpha Johnston; Polly Yancey married John Graves; Nancy Yancey married Isaac Johnston; Isabella Yancey married Kimbrough; married 2nd, James Collier; Elizabeth Perry Yancey married Nathaniel Slade; Sallie Yancey married Isaac Rice; Frances Yancey married Alex Wiley; and Bartlett Yancey Jr. who married Nancy Graves, his first cousin, daughter of John Herndon Graves and Nancy Slade Graves.

      Bartlett Yancey, Jr. was born February 19, 1785, four months after his father's death. His family lived six miles south of the county seat of Yanceyville, N.C. He attended private school, then Hico Academy, studied under Hugh Shaw until he reached the age of fifteen. He taught a year then resumed school as assistant teacher. The trustees elected him principal of the Academy where he taught two more years. He then went to the University [of North Carolina], 1804-1806, against his mother's wishes. He studied law In Hillsborough under Judge Archibald De Bow Murphey. He began practicing law in 1807, was elected to Legislature, nominated to Congress, 1814 and 1817. He served six years in Congress. He was appointed Minister to Peru in 1826 by President John Adams but declined the appointment. He returned to Legislature, was a member of the House of Commons, a member of the Senate. 1817-1827.

      He was Speaker of the Senate seven terms. He was appointed Chief Justice but declined. He died at his home, Oakwood, August 1828 and was buried in the family cemetery near Yanceyville. Bartlett Yancey, Jr. lived at Oakwood on the Dan River, near Blanch, N.C. This river home did not suit him because of the dampness, chills and ague so he bought a large acreage near Yanceyville and built "Summer Hill" which still stands.

      Bartlett Yancey, Jr. presided for the last time In the Senate at the session of 1827. He was elected the following year but died before the meeting of the Assembly. Very few men in the State's annals have exercised a larger influence in public affairs. His abilities and personal magnetism were such as to give him a great ascendency over those with whom he came in contact. He was the head and front of those who were laboring for the opening of the resources of the State by railways. He largely aided the movement resulting in establishing the Supreme Court; the Treasurer's and Comptroller's departments were likewise mainly at his suggestion.

      Bartlett Yancey, Jr. was one of the greatest men North Carolina ever produced. His massive frame was a fit tenement of the. large and luminous intelligence which animated it. In forensic oratory he was the peer of Mr. Gaston, while in political tact and address he was greatly his superior. When Speaker of the U. S. House, Mr. Clay, often when in Committee of the Whole, called Mr. Yancey to the chair, and even under the trying emergency of such a comparison, the North Carolinian suffered no derogation. His consummate abilities were adorned and enhanced by a bland elegance of manner that was matchless in his day.

      The children of Bartlett Yancey, Jr. and Nancy Graves Yancey were: Frances Williams Yancey born May 31,1811-died October 3, 1839, married Dr. Henry McAden; Mary Katherine Yancey born December 26. 1817-married Giles Mebane; Virginia Marie Yancey born November 2,1826-died 1904, married George W. Swepson, (she changed her name to Virginia Bartlett Yancey when she grew up); Anne Elizabeth Yancey born June 15, 1821, married Thomas J. Womack; Algernon Sidney Yancey married Henrietta Williams Graves; Rufus Augustus Yancey born October 26, 1809-died Novembers, 1829; Curtius Yancey born May 1813 - died 1814; Carolina Louisa Yancey born October 19, 1823-died 1842, married Lemuel Mebane and an infant who died at birth.

      Dennis J. Yancey: Note - The information concerning the three brothers and their father and their relationship to Bartlett is totally erroneous. See: Yancey Family Website

      Along with Henry Potter (Granville County) and John Louis Taylor (Craven county), compiled a revision of the "Law of the State of North Carolina" (2 vols., 1821).

      Note that death date is either 03 or 30 August 1828. As he died one day after being re-elected to the NC Legislature, a check of the election date would provide the proper death date.
      _______________

      Western Carolinian (Salisbury, North Carolina), 2 September 1823

      Election Returns: We learned verbally, that, in Morgan district, Dr. Robert B. Vance is returned to Congress by the casting votes of the Sheriffs -- Vance and Walker each having 1913 votes; three of the Sheriffs voted for Vance, and one for Walker. Bartlett Yancey, and Romulus M. Saunders [Saunders] are elected delegates from Caswell county. Willie P. Mangum, is elected a Representative in Congress from the Raleigh district. Romulus M. Sanders [Saunders] is re-elected to Congress from the Caswell district. Caswell -- B. Yancey, senate; B. Brown and J. Rainey, commons.
      _______________

      The county [Yancey County, North Carolina] was named for Bartlett Yancey, a native of Caswell county. He was educated at the University of North Carolina, studied law, and became eminent in his profession. He was twice a member of the Congress of the United States, and eight times a member of the senate of North Carolina. He was one of the first men in the State to favor public schools for all the people.

      Source: Arthur, John Preston. Western North Carolina: A History from 1730 to 1913. Published 1914 by the Edward Buncombe Chapter of the Daughters of the American Revolution of Asheville. Reprint Edition: Johnson City, Tennessee: The Overmountain Press, 1996 (page 178).

      In December, 1833, the North General Assembly established a new western county, named Yancey, from sections of Burke and Buncombe Counties. Yancey County was named in honor of one of North Carolina's most distinguished statesmen, Bartlett Yancey, of Caswell County. As a U.S. Congressman (1813-1817) and as ...speaker of the N.C. Senate (1817-1827), he was instrumental in many accomplishments that benefited the state, including the creation of an education fund that was the beginning of the N.C. Public School System.

      He was an advocate of correcting the inequality in representation in the General Assembly by the creation of new western counties; but he died on August 30, 1828, over five years before the General Assembly created a new county named in his honor. In Yancey's boundaries looms Mount Mitchell, the highest peak in the Eastern U.S., at 6,684 feet (2037 m) above sea level.
      _______________

      Between 1804 and 1810 nine young men from Caswell County and five from nearby counties entered the University [of North Carolina] following their years at Caswell or Hyco Academies: James W. Brown, Saunders Donoho, Elijah Graves, John Lewis Graves, John W. Graves, Archibald Haralson, David Hart, Edward D. Jones, James Miller, Horace B. Satterwhite, Romulus M. Saunders, William W. Williams, Bartlett Yancey, and Tryon Milton Yancey. Only three were graduated, however; these were all in the Class of 1813 -- John Lewis Graves, John Williams Graves, and Tryon Milton Yancey.

      Source: When the Past Refused to Die: A History of Caswell County North Carolina 1777-1977, William S. Powell (1977) at 359.
      _______________

      Caswell County, North Carolina
      Deed Book Q, Page 173-4

      John Graves of Caswell County to Bartlett Yancey of same, for filial regard and affection and for $1, 315 acres on Moon's and Country Line Creeks adjacent William Lyon, John Scott, John Graves, including all tenements. 27 October 1810. Witness: Alexander Caldwell.

      Source: Caswell County North Carolina Deed Books 1777-1817, Katharine Kerr Kendall (1989) at 305.
      _______________

      Hillsborough
      Wednesday, September 10 [1828].

      For the Recorder.

      At a meeting of the Orange Bar, held at the Court House on Monday the 8t inst. after the adjournment of court, his honor Judge Ruffin was called to the chair, and John W. Norwood acted as secretary. Mr. Nash rose and thus explained the subject of the meeting.

      We are met, sir, to pay as a body our tribute of respect to the memory of our deceased friend and brother Bartlett Yancey. I hold in my hand certain resolutions to this effect, but before I lay them before you, I beg to retain you with a few remarks. It is now, I think, twenty years or more since my acquaintance with Mr. Yancey commenced. He was then just entered into the profession -- young, unknown, and poor; but by a steady attention to business, and vigorous prosecution of his profession, he had built up for himself a name and a fortune. At the time of his death he was no longer unknown or poor. Though still a young man, as a professional man we all have known him; you and I sir, for a longer space of time than any other member of this bar with one exception, and we have know him as a high minded, honorable man.

      Like some, he was excelled in the powers of reasoning, and by others in the grace of oratory, by none was he surpassed in that plain practical good sense, which rendered him eminently successful as a jury lawyer. In a short time after he had been in the practice of the law, the district in which he resided chose him as its representative in the congress of the United States, and here Mr. Yancey took a high and distinguished status; his practical talents soon brought him forward and placed him at the head of one of the most important committees of the house of representatives. This status he continued to occupy while a member of the house. But in a few years he was admonished, that however alluring the path of political life might be, it did not, in this country lead to wealth, and that the time had not yet arrived to him, when justice to his family would permit him to devote himself to the general politics of his country.

      He resigned his seat in congress, returned to the discharge of his professional duties, and never, I believe, in this country, did more abundant and rapid success crown the efforts of any individual. But though his private affairs drew him from congress, they did not forbid his taking an active share in the domestic politics of his native state. At the united voice of the citizens of Caswell, the county in which he was born and raised, he took his seat in the senate of our legislature, and was, upon his appearing among them, with one voice called to preside over its deliberations. And here, sir, as speaker of the senate, Bartlett Yancey was in his appropriate sphere. Nature had, in a peculiar manner, fitted him for the station. Dignified in his appearance, he filled the chair with grace; prompt to decide, little time was lost in debating questions referred to the chair; and energetic in enforcing order, the most unruly became obedient; fair, candid, and impartial, all were satisfied, and so entirely so, that from the period of his first election to the chair no effort was once made to disturb his possession of it. Even those who, in other respects, differed from and opposed him, as a speaker admitted he was without reproach, and that he gave dignity to that body. But it was not alone as speaker of the senate that Mr. Yancey was useful to his native state as a legislator. He was too sound a politician not to perceive the true policy of the state. Ardently attached to the land of his birth, his constant effort was to elevate her in the moral and political scale. Whenever a measure was brought before the legislature, which in his estimation had these objects in view, he fearlessly threw himself and all his wealth of character into the ranks of its friends, and with as full contempt of consequences he never failed to frown upon and oppose all those wild measures of misrule which have from time to time agitated the legislature of hour state.

      Such, sir, was Bartlett Yancey as a politician. He is gone, and greatly do I fear the state at large will have cause to morn his death. But, sir, there is another point of view in which I wish to present to you the death of our departed friend. He has spoken to us from the chair of office; permit him to speak to us from the bed of death. We have listened to the eloquence which has guided senates and enlightened juries; let us now listen to the mute eloquence of the grave. But a few months since, and Bartlett Yancey stood upon the spot I now occupy, but a few days since, and he also now addressed you mingled in debate with him, and upon the termination of the weekly labour, we shook each other by the hand and bade God speed. Little did we think that interview would terminate our mortal intercourse. Little did we think that the arrow was sped which was to lay one of us on the dust. . . .

      And on and on.

      The Hillsborough Recorder (Hillsborough, North Carolina), Wednesday, 10 September 1828.
      _______________

      Yancey Family

      Bartlett Yancey, Jr. (1785-1828), and Ann Graves (1786-1855) may have had ten children. Only three, all daughters, had long lives (88, 79, and 77). The average age of the others at death was around 14 years (with none of the seven making it past 30).

      Set forth below is a list of those children, along with brief life facts:

      1. Rufus Augustus Yancey (1809-1829). He graduated from the University of North Carolina and died unexpectedly young at age of twenty while visiting Richmond, Virginia.

      2. Frances Williams Yancey (1811-1839). She is the second child and first daughter. In 1829 she married Dr. Henry McAden, M.D. (c.1800 - c.1843). The couple had four children, and Frances Williams Yancey McAden apparently died giving birth to the fourth on 3 October 1839 (Frances Yancey McAden). The children were orphaned, and a brother of Frances Williams Yancey McAden was appointed guardian.

      3. The third child of Bartlett Yancey, Jr., and Ann Graves is shown by many Yancey family researchers as Caroline L. Yancey, born 13 December 1812 and died 1813. However, the existence of this person has not been confirmed. No primary source record has been found, and she has no grave marker in the Yancey Family cemetery in Yanceyville, Caswell County, North Carolina. The Yanceys did have a daughter named Caroline Louisa Yancey (thus, a Caroline L. Yancey) born much later, 19 October 1823. Of course, the existence of a later child with the same name as a deceased sibling is not without precedent.

      4. Curtius Yancey (1813-1814).

      5. Algernon Sidney Yancey (1816-1846). In 1838 he married his first cousin Henrietta Williams Graves (1816-1872) who outlived him by many years. Her second husband is John Howe Mebane (1806-1875). She is Mebane's third wife.

      6. Mary Catherine Yancey (1817-1906). In 1837 she married Giles Mebane (1809-1899). Her mother's will gave to her the portrait of Bartlett Yancey, Jr.

      7. Bartlett Yancey (born and died in June 1819). Some researchers claim that he lived until 1820, but provide no supporting documentation that would call into question the grave marker date. Nor has the name been confirmed.

      8. Elizabeth Yancey (1821-1900). In 1855 she married Thomas Jefferson Womack (1831-1889), and the couple had at least four children.

      9. Caroline Louisa Yancey (1823-1842). In 1841 she married Lemuel H. Mebane (1816-1855), and died the next year. However, her exact death date is uncertain.

      10. The tenth (and believed last) child Graves is Virginia Bartlett Yancey (1826-1904). She was born Maria Virginia Yancey, but changed her name. In 1842 she married the notorious George William Swepson (1819-1883). No children are known.

      No son of Bartlett Yancey, Jr., had a son. Thus, the Yancey name associated with this branch of the family died out in the first half of the nineteenth century.

      Yancey Family

      (for larger image, click on photograph)
      _______________

      Supreme Court of North Carolina, 38 N.C. 88 (N.C. 1843)
      LEMUEL H. MEBANE v. ALGERNON S. YANCY et al.

      From the pleadings and proofs the case appeared to be this: Bartlett Yancey died intestate in the year 1828, seized in fee of lands in Caswell County, and leaving several children, his heirs-at-law; of whom one was Caroline L., who intermarried with the plaintiff, Mebane, in 1841, and died 66 *66 in December, 1842, without having had issue, and under the age of twenty-one years. Some years anterior to the marriage of Mrs. Mebane, upon a suit instituted between herself and the other heirs for that purpose, the Court of Equity decreed that a part of the land should be sold for a division, and they were sold by the Clerk and Master, and brought about $25,000. The money was subsequently paid into the office of the Master, and he was directed by the Court to lend it out at interest for the benefit of the parties in the cause; and he did so, and received for interest about the sum of $6,000, which he re-invested from time to time as opportunity offered. After the marriage of the plaintiff, to wit, in March, 1842, he took a loan of $2,500, part of the fund, and executed his bond therefore to the Master. In November, 1842, an order was made in the cause, that the Master should pay to the heirs respectively their several shares of the said fund, the payments to be made to the adults in person and to the guardians of the infants respectively; but nothing was done under the same before the death of Mrs. Mebane.

      The plaintiff took administration of his late wife's estate, and filed this bill against the surviving heirs and the Clerk and Master, and therein prays his wife's share of the proceeds of the sale of the land and the interest accumulated to be paid to him, or such part thereof as he is entitled to.

      The answer of the heirs insists that the whole fund is real estate and descended to them in possession; because there is nothing in the case equivalent to actual seisin, which would have been necessary to give the husband an estate as tenant by the curtesy, and because the wife was supported out of her personal estate, and not at all out of the interest accrued on this fund, which, in truth, was in no manner severed from the principal.

      RUFFIN, C. J.

      It is very plain that the plaintiff has no title to his wife's share of the capital; that is, of the original price for which the land sold. As administrator, he can not have it; because the proceeds of sale are, as respects infants and married women, real estate and to be secured accordingly, so that they shall go to the real and not the personal representatives. Rev. St., c. 85, sec. 7. For the same reason, he is not, as husband, entitled to the fund absolutely; nor as tenant by the curtesy, for the want of issue. If it had got into his hands, he would have been obliged to refund it to 67 *67 his wife's heirs, as things have turned out. Scull v. Jernigan, 22 N.C. 144. The decree of November, 1842, makes no difference. Being both an infant and covert, the decree would not have been binding on her, as between her and her husband, they not being opposing parties in the suit. But the decree does not cover her case in terms; for it gives no directions for the payment of the shares of the married women, and no doubt the omission was of purpose, as the act directs such shares to be invested or settled, so as to be secured to the wife and her heirs. As respects a share of the capital, therefore, the bill must be dismissed.

      But we hold that the plaintiff is entitled to a decree for all the interest accrued on his wife's share, after defraying her proportion of the expense of those proceedings. Regarding the original fund as realty, yet the interest is not, for that is the annual profit; and the general rule is that rents or the profits of real estate, accrued during the seisin of a particular person, go to the executor of that person, and not to the heir, nor even to one who takes by a limitation over on a contingency, which divested the estate of the first taker. Profits of land are not taken in land, but in its produce, money; and that is personalty. The profits during the marriage, vested in the husband, who has survived, and those which accrued before, belong to the plaintiff as administrator. We say they belong to him as administrator, because we can not regard the sum received by him from the Master, for which he gave his bond, as received in his own right, or in any other light than a loan. He exercised no right of ownership over the fund; not even becoming a party in the cause, as far as appears. Consequently, he succeeds to that part of the fund in his representative direction.

      PER CURIAM. DECREED ACCORDINGLY.
      _______________

      Caswell County's Bartlett Yancey, Jr., (1785-1828) was not a fan of alcoholic beverages, observing in 1810:

      "There are, I suppose, upwards of fifty distilleries, the greater part of which have been erected within a few years.

      "Some of them are useful to the owner and the country, but most of them are nuisances to society, being the resort of idle, dissipated men, who by their visits to such places, bring on ruin to themselves and their families.

      "I know of nothing which has so great a tendency to demoralize society, except it be the late practice of electioneering by drenching the people with grog, and with falsehoods."
      _______________

      Answer to Caswell County Quiz: Name those born in Caswell County, North Carolina who served in the United States House of Representatives.

      Bartlett Yancey, Jr. (1785-1828) served 1813-1817
      Romulus Mitchell Saunders (1791-1867) served 1821-1827
      John Hosea Kerr (1873-1958) served 1923-1953

      While not born in Caswell County, as such did not exist at the time, mention should be made of Robert Williams (1766-1836) who apparently was born in that part of Orange County, North Carolina, that became Caswell County. Robert Williams served in the United States House of Representatives 1797-1803. He later was appointed Territorial Governor of the Mississippi Territory by President Thomas Jefferson.

      Similarly, Marmaduke Williams (1772-1850), brother of the Robert Williams discussed above, appears to have been born in that part of Orange County that eventually formed Caswell County. He served 1803-1809 in the United States House of Representatives. He moved to Alabama and became a judge.

      And, some Caswellians claim John Kerr, Jr., (1811-1879) as a Congressman. However, while he did indeed live in Yanceyville and represent Caswell County 1853-1855, he was born in Halifax County, Virginia. He rests at the First Baptist Church in Yanceyville.
      _______________

      Bartlett Yancey, The Political and Professional Career of Bartlett Yancey, Letters to Bartlett Yancey, The James Sprunt Historical Publications, Published Under the Direction of The North Carolina Historical Society, J. G. de Roulhac Hamilton and Henry McGilbert Wagstaff, Editors, Vole. 10, No. 2. (1911).

  • Sources 
    1. Details: Yancey Family Genealogical Database.