For 40+ years I have looked for the death date of my 5th Great Grand Uncle Daniel Cook, Sr. Many online trees erroneously claims that Daniel Sr. died while serving in the War of 1812. I do not believe he served in the War of 1812 and that his son Daniel Cook, Jr. did serve (proven) in the War. I believe these researchers have attributed the Son service to the Father.
Daniel Cook, Sr. was borne about 1770. He is listed in the 1800 and 1810 Census for Chesterfield, South Carolina.
In the year 1800, we know that Daniel Cook, Sr. served in the militia under Col. Calvin Spencer and John P. Rushing.
PP. 461 & 462—.
"About the year 1800, the total militia of the
State, according to the most reliable returns, was supposed
to be 35,785. The Cheraw Brigade, No. 9, numbered 2224. On
the 29th. of November, of this year, the following return was
made 6 the Chesterfield regiment, Colonel Spencer commanding,
viz;—A GENERAL RETURN 0F 39th. REGIMENT OF THE S.C. MILITIA,
COMMANDED BY COLONEL CALVIN SPENCER*-Field and Commissioned Officers; 2nd. Batt., Capt, Daniel Cook* The preceding was certified by John P. Rushing, Major on the 29th. November,
1800."
On 6 Jul 1803, Daniel Cook, Sr. was named as the Executor to Joseph Gurley Last Will and Testament. He died before completing the full execution of this Will. After Daniel’s death, Ruth Cook, widow of Daniel, took over as Executrix of the Joseph Gurley Will.
This document is from the Equity Court of the Estate of Joseph Gurley. If the document had been completed properly, we would know when Daniel Cool, Sr. passed away.
“that Daniel Cook executor as aforesaid above the month of_____AD 18__ died intestate; that Ruth Cook widow of the said Daniel Cook took upon herself the administration of his estate”
From another document we find that Ruth Cook had problems with proper administration of the estate.
of Commencing successfully the journey of life But now so it is my it please your Honors that under various pretenses the said Daniel look in his life time and the said RuthCooksince the decease of the said Daniel have refused to pay to your orators the rents and profits of the lands aforesaid and the monies arising from the Sales of the personal estate aforesaid so as aforesaid ordered to be sold or ...
You will see this statement again in the forgoing document.
Transcription; Darlington Equity Document
State of South Carolina}
Cheraw District} In Equity
https://www.familysearch.org/ark:/61903/3:1:3Q9M-C34X-BSB1-N?i=319 (Image 320 of 591).
To His Honor the Judges of the Court of Equity of the aforesaid - Humbly complaining shew unto your Honors your Orators Martin Gurley, Mary Gurley and Nancy Gurley that your oratory are children and coheirs of Joseph Gurley who departed this life on the day of the year our Lord eighteen hundred and____ day, that previous to the death of the said Joseph, he made and published his last will and testament which bears date the 6th day of July AD 1803, of which said will a copy is herewith filed as an exhibit marked A. as a part of this bill and your orators pay have to refer to the same as of her a occasion may aquin wherein and whereby the said Joseph Gurley devised and bequeathed in the following manner & to wit; I give and bequeath unto my beloved son Martin Gurley two hundred acres of land lying in Chesterfield District on the North side of dup? Creek, and all the rest of my estate to be sold at highest bidder giving six months credit and after my debts are paid to be equally divided between my two daughter Mary Finley and Nancy Gurley. That Daniel Cook who has since deceased in and by said will is appointed sole executor and took upon himself the burden and execution thereof by letter testamentary granted by the ordinary of Chesterfield District a copy of which said letter or filed as an exhibit marked B. and your orator further state that the said Daniel Cook as executor as aforesaid took charge of the real and personal estate of the said testator above mentioned to be given to your orators and rented the aforesaid tract of land and continued to receive the rents therefore for many years to wit from the year 180__ to the 184__ both inclusive which said rents and profits amount in the whole to the sum of ______ inclusive of legal interest thereon which has accrued there the then came into the hands of the said Daniel That the amount of Sales ordered to be made by the will before said is the sum of four hundred and sixty four dollars mention cents as appears by the account of said sales filed in the Office of the ordinary of Chesterfield District aforesaid a copy of which is herewith filed as an exhibit marked to which your orators by leave to refer as often mority? requires and your orator further states that Daniel Cook executor as aforesaid above the month of_____AD 18__ died intestate; that Ruth Cook widow of the said Daniel Cook took upon herself the administration of his estate as appears by letters of administration to her granted by the said Ordinary of Chesterfield District whips of which are herewith filed as an exhibit marked D which your orator by hand to refer; and your orators may it please your Honor will hoped that the rents and profits of the lands as provided given by the will aforesaid of the said Joseph Gurley would have and duly paid and the monies arising from the sales of the personal property of the aforesaid Joseph would have been paid over according to direction of the will and testament aforesaid and that they your
(Image 321 of 591).
orator would have enjoyed the small amount of property left to them by the County of their said father, at that period of life when it would have him most beneficial to them as affording them the means of commencing manfully the journey of life. But now So it is may it please your honors that under various part in the said Daniel Cook in his life he and the said Ruth Cook in the date of the said Daniel have refused to pay to your or along the rents and profits of the land aforesaid and the monies arising from the sales of the personal estate of so as aforesaid or dared to be sold or to come to are account with your orators touching the premises as in equity and conscience they ought to have done in the said Daniel in his life time and the said Ruth in the decease of the said Daniel or hinder consideration whereof and for as much as your orators are(illegible two words) in a court of Equity where matters of this sort are properly considered. To the end therefore that the said Ruth administratrix as aforesaid my true and proper answers make to all and singular the matters and things before set forth and premises as fully and particularly as if the same were had in again specially repeated and she then to particularly interrogated and more especially that she may set forth and discover according to the best of her knowledge belief and belief, whether the said testator did not make and publish as before stated his last will and testament and three live and bequeath your orator as before stated and whether the said Daniel Cook did not take upon himself the burthen and execution of said will executor therein named as above stated and whether he the said Daniel did not receive the rents and profits of the estate so as above stated bequeathed and devised and whether the amount of the as of the estate as above stated was not that same before stated or what sum and whether the same have not become a part of her intestate estate to be administered or otherwise that she will set forth a full and particular account of the rents profits aforesaid and of the sales of personal estate as aforesaid and that she the said Ruth may be compelled by the Decree of this Honorable Court to come to an ardent with your orator of and upon the premises and to make discovery of all matters & things touching the premises , and may be decreed to pay over to your orator what shall be found just due and to them for and one out of the various waters before stated and that your orators may have such other and for that relief in the premises as to your Honors shall sumnot? and the nature of their can shall require
(Image 322 of 591).
May it please your Honors to grant to your oratory a writ of Subpoena to be directed to the said Ruth Cook thereby commanding her at a time day and under the penalty therein to be heard personally to be and appear in this Honorable Court there and there to answer the premises and to stand to and abide such order and decree therein, as to your Honors shall then agreeable to equity and good confidence. And your orators shall ever pray.
R Bullard Com.Sole
AI-generated Document Summary:
The text outlines the last will and testament of Joseph Gurley, Cooper, from Chesterfield, South Carolina, dated July 6, 1803, where he bequeaths land to his sons Martin and Charles Gurley and the remainder of his estate to his daughters Mary and Nancy Gurley. It also describes a court case initiated by Martin, Mary, and Nancy against Ruth Cook, the administratrix of Daniel Cook's estate, compelling her to respond to a complaint by January 1, 1818. The document signifies the familial relationships and legal disputes following Joseph's death.
Dates
- July 6, 1803 (Joseph Gurley Cooper's will)
- January 1, 1818 (Court appearance deadline for Ruth Cook)
Names and Relationships
- Joseph Gurley Cooper (decedent)
- Martin Girley (son)
- Charles Girley (son)
- Mary Girley (daughter)
- Nancy Girley (daughter)
- Daniel Cook (executor and friend)
- Ruth Cook (administratrix of Daniel Cook's estate)
Based on a Writ of Fieri Facias issued out of the Court of Common pleas held for the district of Darlington we have a document showing that Daniel Cook died before the 3rd Monday (20th) of March 1815. Darlington County, South Carolina Deed Book "G", page 217 & 218. Image 154 of 510
Sheriffs Titles
South Carolina} To all to whom this presence Shall come, I
Darlington District} Nathan Hanks Sheriff of Darlington District and State aforesaid Send Greeting Whereas by virtue of Writ of Fieri Facias issued out of the Court of Common pleas held for the district of Darlington tested the third Monday of March in the Year of Our Lord One thousand Eight Hundred and fifteen at the suit of Exor of Daniel Cook Vs John Sellers to me directed, commanding me that of the Goods and Chattles lands and tenements of John Sellers To levy the sum of Seventy Six dollars or thereabout damages and cost I have seized and taken of the lands and Tenements of the Said John Sellers all that certain piece parcel and Tract of land containing three Hundred Acres Situate and being in the district of Darlington being the Land whereon George Sellers lives lying on the South side of Boggy Swamp adjoining the lands of Samuel Moper & Edmond Moore and Originally granted to Adam Griffis.
And whereas, the said Premises, with their appurtenances Since the Seizure by me made by Virtue of the said writ of Fieri Facias before mentioned have been exposed to public Sale vendue and purchased by George Sellers of the District of Darlington for the sum of Ninety dollars being the highest sum that was bidden thereof. Now Know ye that I Nathan Hanks Sheriff aforesaid by Virtue of the said writ of fieri facias aforesaid to me directed and delivered as afore said and by virtue of the Statute in such case made and provided, and for and in consideration of the sum of ninety dollars to me in hand paid or secured to be paid by the said George Sellers the receipt and payment whereof I do hereby acknowledge have Granted Bargained and Sold and by the presence do grant bargain and Sell unto the said George Sellers his heirs and assigns forever the said Tract Piece and parcel of land with its appurtenances and all the Estate right Title and Interest which the said John Sellers of right had of in and to the same To have and to hold the said Piece Parcel and Tract of land, with its appurtenances unto the said George Sellers his heirs and assigns forever as fully and absolutely as I the said Nathan Hanks might Could or ought to Grant bargain and sell the same by Virtue of the Statute aforesaid and the said writ of fieri facias or otherwise. In Witness whereof I the said Nathan Hanks have hereunto set my hand and seal this fifth day of February in the year of our Lord one thousand Eight hundred and Sixteen. Sealed Signed and delivered in presence of
Abram Sellers ----------------------Nathan Hanks
Robert Reynolds Shff D D
page 218
South Carolina} Personally appeared Abram Sellers before me Darlington District} who being duly sworn made Oath that he was present and did See Nathan Hanks Sign Seal as his act and deed did deliver this Instrument of Writing unto George Sellers for the uses and purposes therein Set forth likewise at the same time he says he did See Roberts Reynolds Witness the same Sworn to before me this 27th day of December 1817. Albert Fort Abram Sellers
Recorded this 23 Of June 1818.
Daniel Cook died before the 3rd Monday (20th) of March 1815 according to a deed from in Darlington County, South Carolina Deed Book "G", page 217 & 218. Image 154 of 510
Daniel Cook, Sr. is my 5th Great Grand Uncle
_____________________________________
1. Darlington County Equity Document:>> https://www.familysearch.org/ark:/61903/3:1:3Q9M-C34X-BSB1-N?view=fullText&keywords=Daniel%20Cook%2CSouth%20Carolina&groupId=TH-909-87748-76233-83
2. https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSKJ-733Z-L?view=fullText&keywords=Nathan%20Hanks%2CCook%2CSouth%20Carolina%2CDarlington&groupId=M9HL-CTF
3. Deed Book "G" >> https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSKJ-733Z-L?cat=472589&i=153
