Caswell County Genealogy
 

Yancey, Algernon Sydney

Male 1816 - 1846  (30 years)


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

  • Name Yancey, Algernon Sydney  [1
    Born 28 Jan 1816  Caswell County, North Carolina Find all individuals with events at this location  [1
    Gender Male 
    Reference Number 3230 
    Died 27 Aug 1846  Caswell County, North Carolina Find all individuals with events at this location  [1
    Buried Yancey Family Cemetery, Yanceyville, North Carolina Find all individuals with events at this location 
    Person ID I3190  Caswell County
    Last Modified 5 May 2022 

    Father Yancey, Bartlett Jr.,   b. 19 Feb 1785, Caswell County, North Carolina Find all individuals with events at this location,   d. 30 Aug 1828, Yanceyville, Caswell County, North Carolina Find all individuals with events at this location  (Age 43 years) 
    Relationship natural 
    Mother Graves, Ann,   b. 3 Dec 1786,   d. 8 Apr 1855  (Age 68 years) 
    Relationship natural 
    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
    Family ID F1043  Group Sheet  |  Family Chart

    Family Graves, Henrietta Williams,   b. 15 Mar 1816,   d. 27 Jul 1872  (Age 56 years) 
    Married 21 May 1838  Caswell County, North Carolina Find all individuals with events at this location 
    Reference Number 24523 
    Notes 
    • Marriage Record
      Groom: Algernon S. Yancey
      Bride: Henrietta W. Graves
      Bond Date: 21 May 1838
      Bondsman/Witness: George W. Graves, John K. Graves
      Location: Caswell County, North Carolina
      Source: Caswell County, North Carolina Marriage Bonds, 1778-1868, Katharine Kerr Kendall (1981) at 124.
    Children 
     1. Yancey, Ann Elizabeth,   b. 6 Feb 1843, North Carolina Find all individuals with events at this location,   d. 18 Jun 1861, Fayette County, Tennessee Find all individuals with events at this location  (Age 18 years)  [natural]
    Last Modified 5 May 2022 
    Family ID F1680  Group Sheet  |  Family Chart

  • Event Map
    Link to Google MapsBorn - 28 Jan 1816 - Caswell County, North Carolina Link to Google Earth
    Link to Google MapsMarried - 21 May 1838 - Caswell County, North Carolina Link to Google Earth
    Link to Google MapsDied - 27 Aug 1846 - 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

  • Notes 
    • Algernon Sydney Yancey (1816-1846)

      Yancey Family

      (for larger image, click on photograph)
      _______________

      Lawyer. Source: Wheeler's Reminiscences and Memoirs of North Carolina at 106. Wheeler also states that Algernon Sydney Yancey died in 1840, which appears to be incorrect.

      His will was submitted to probate October 1846 and was contested. See Katharine Kerr Kendalls 1843-1868 Caswell County Will Books at page 26.
      _______________

      Groom: Algernon S Yancey
      Bride: Henrietta W Graves
      Bond Date: 21 May 1838
      Bond #: 000019405
      Level Info: North Carolina Marriage Bonds, 1741-1868
      ImageNum: 003069
      County: Caswell
      Record #: 01 358
      Bondsman: John K. Graves; Geo W Graves
      Witness: Paul A. Haralson
      Source: Ancestry.Com North Carolina Marriage Bonds, 1741-1868

      Name: Algernon Sidney Yancey
      Spouse: Henrietta Williams Graves
      Parents: Bartlett Yancey , Nancy Graves
      Birth Place: Caswell County, NC
      Birth Date: 28 January 1816
      Marriage Date: 1833 [Incorrect per Katharine Kerr Kendall]
      Death Date: 1835 [Incorrect per Katharine Kerr Kendall]
      Source: Edmund West, comp. Family Data Collection - Individual Records. [database online] Provo, UT: Ancestry.com, 2000.

      U.S., College Student Lists, 1763-1924
      Name: Algernon S Yancey
      Publication Year: 1833
      Publication State: North Carolina
      School Name: University of North Carolina
      Residence: Milton
      Title: Catalogue of the trustees, faculty, and students of the University of North Carolina, for 1833-34.

      Yancey Algernon S.
      Henrietta W. Graves
      21 May 1838
      Geo. W. Graves
      John K. Graves
      Source: Caswell County, North Carolina Marriage Bonds, 1778-1868, Katharine Kerr Kendall (1981)
      _______________

      Caswell County, North Carolina
      Court of Pleas and Quarter Sessions
      April Court, 1843

      Algeron S. Yancey was named guardian for the children of Henry McAden and his wife Frances Yancey McAden (sister of the named guardian). [Since sister Frances died in 1839, was A. S. Yancey named guardian following Henry's death in 1843?] [Children listed as Bartlett Y., Rufus A., John H. and Frances McCaden (sic, McAden)].

      Source: Donaldson, Mary Frances Kerr. Caswell County 1777-1877: Historical Abstracts of Minutes, 1977.
      _______________

      Family Data Collection - Marriages
      Name: Algernon Sidney Yancey
      Spouse: Henrietta Williams Graves
      Marriage Date (Day, Month, Year): 1833

      1840 United States Federal Census
      Name: A S Yancey
      Home in 1840 (City, County, State): Caswell, North Carolina
      Free White Persons - Males - Under 5: 1
      Free White Persons - Males - 5 thru 9: 1
      Free White Persons - Males - 20 thru 29: 1
      Free White Persons - Females - 20 thru 29: 1
      Persons Employed in Agriculture: 1
      No. White Persons over 20 Who Cannot Read and Write: 2
      Free White Persons - Under 20: 2
      Free White Persons - 20 thru 49: 2
      Total Free White Persons: 4
      Total All Persons - Free White, Free Colored, Slaves: 4
      _______________

      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

  • Sources 
    1. Details: Yancey Family Genealogical Database.