by Michael Tutor, Posted to Poythress mailing list 1/31/2006
Maynard and I have dissected Thomas Poythress, Sr., and Thomas Poythress, Jr., for quite a while. Two of the main questions in the lives of these two men is when each man left Virginia and who it was that was married to Martha. According to the many subpoenas and the testimony given in the court records of Brunswick County, Thomas Poythress, Sr., left Virginia in 1785, when he was approximately 56 years old. No wife was mentioned in the sale of land by Thomas Poythress, Sr., in 1773.
Martha Elizabeth Amanda Poythress was born in Virginia on January 26,1786. The most likely man to be her father was Thomas Poythress, Jr. (c. 1756-1800). Her brother, Thomas Poythress, of Charleston County, South Carolina, was born about 1780. If things are as they appear, these two siblings, Martha and Thomas, were the children of Martha and Thomas.
The court records from Brunswick County, transcribed by Barbara, have provided a lot of information about Thomas Poythress and the land in question. From our conversations, I have learned that there may be a lot more material in the Brunswick County courthouse that has not been researched.
The Fourth Generation: Thomas Poythress, Sr., of Martin’s Brandon, in Prince George County
Family – Thomas Poythress was born by 1729, the son of Thomas Poythress. His sons were (1) Thomas (c. 1756-10/1800); (2) Meredith (c. 1760-c. 1839), who married (1st) Edith Cleaton, the daughter of William C. Cleaton and Jane Poole and (2nd) Mrs. Hester Wilder Mock, the daughter of William Henry Wilder and Mary Butts; (3) George Poythress (c. 1765-7/1832), who married (1st) Harriett Carter, the daughter of Alexander Carter and (2nd) Mary Turner Lawson; (4) Edward (c. 1769-aft. 6/1825); (5) Lewis (c. 1770-bef. 1850), who married (1st) Elizabeth Patsy Giles, the daughter of Henry Edward Giles, and (2nd) Rebecca B. Taylor; and, possibly (6) William Poythress. Thomas was living in Greene County, Georgia, as late as 1789 but appears to have been deceased by 1799.
Thomas Poythress’ father, Thomas Poythress, was born about 1683, in Charles City County, Virginia, the son of Major Francis Poythress and Rebecca Coggin. He died before May 16, 1749, in Prince George County, Virginia. The executor of his Will was Captain Joshua Poythress.
On May 16, 1749, in Surry County, upon the attachment obtained by Peter Poythress and Elizabeth Poythress, executors, &c., of Robert Poythress, deceased, and Joshua Poythress, executor of Thomas Poythress, deceased, against the estate of Thomas Sessom who has privately removed himself or so absconded that the ordinary process of law cannot be served on him for a debt of £62/1/4 current money due to the plaintiff from the said defendants. This day came the plaintiff by their attorney and the Sheriff having made return that he had executed the said Writ in the hands of Richard Hill and had summoned him to appear whereupon he the aforesaid Hill being solemnly called but made default and it appearing to the court that there is due to the plaintiff £10/11/8½ from the said defendant. Therefore it was that the plaintiff recover the aforesaid sum of £10/11/8½ against the said Richard Hill together with interest for the same after the rate of five Centum per annum to be computed from May 4, 1749, to the time of payment and their costs by them expended and the said defendant in mercy &c. Joshua Poythress, son of Joshua Poythress, and cousin of Thomas Poythress, was the executor of Thomas Poythress’ (1683-1749) Will. Peter Poythress and his mother, Elizabeth, were the executors of Robert Poythress’ Will. Peter Poythress was a son of Robert Poythress.
On May 15, 1750, in Surry County, attachment was obtained by Peter and Elizabeth Poythress, executors of Robert Poythress, deceased, and Joshua Poythress, executor of Thomas Poythress, deceased, against the estate of Thomas Sisson. Thomas Sisson may have been a relative of Elizabeth Sisson (c. 1700-1773) who married Thomas Raines (1695-bef. 1757).
In May, 1751, in Surry County, Joshua Poythress, assignee of Robert and Thomas Poythress, who were assignees of Thomas Eldridge, Gentleman, plaintiffs against Francis Hutchings, defendant in debt. The defendant being arrested and now called and not appearing it was therefore considered that the plaintiff recover against the said defendant and William Longbottom his Security for his appearance the debt in the declaration mentioned amounting to £__ and his costs by him in this behalf expended unless the defendant shall appear at the next court and plead. Thomas Eldridge was married to Judith Kennon (1692-1759), the daughter of Richard Kennon and Elizabeth Worsham. In July, 1751, Joshua Poythress, assignee of Robert and Thomas Poythress, who were assignees of Thomas Eldridge, plaintiff, against Francis Hutchings, defendant in debt. The case was discontinued and by consent of the defendant it was ordered that he pay unto the plaintiff his costs, issued August 27, 1752, tobacco costs 107 pounds.
Professional Life — In 1779, the U. S. Treasury offered to exchange new bills for presumably counterfeit old paper money. Many Virginians made this exchange, in whole or in part, to the Virginia Continental Loan office in 1779 and 1780. The exchange could be for new money, applied to loans, or applied to taxes. The records of exchangers and the amount exchanged provides a short proxy census of Virginia in 1779:
- Name County Entry # Amt. Deposited
- Poythress, William Prince George 1019 $120
- Poythress, Peter Prince George 1262 $311
- Poythress, Joshua Prince George 1500 $484
- Poythress, Thomas Brunswick 3765 $38
On October 2, 1780, in Brunswick County, balance of a Bond due to Thomas Poythress “in payment of the estate of Barnett Randall to the balance of a Bond to Thomas Poythress for £13/18/19 dated October 2, 1780, depreciation at 7.3 forever.” Before July 15, 1781, in Brunswick County, Joseph Prince against Thomas Poythress, Jr., and Thomas Poythress, Sr., debtors, Francis Mallory, special bail and judgement confessed for 3,000 pounds inspected tobacco at pitch landing with interest from December 25, 1782, and the books and by consent the execution of this judgment is stayed 3 months. In 1781, in Brunswick County, there were two Thomas Poythresses, both of legal age and associated economically.
Civic Activities – On July 2, 1759, in the Prince George County court, the Dower of Mary Binford, widow of Joseph Peoples, deceased. George Noble, Thomas Poythress, Joseph Carter and Holmes Boisseau. The report was returned October 9, 1759. On July 11, 1759, by order of the court of Prince George County, Mary Binford, widow of Joseph Peeples, had been assigned her third of his estate (£38/5/11), by George Noble, Thomas Poythress, Joseph Carter and Holmes Boisseau. On August 22, 1782, in Brunswick County, John Morris and Elizabeth Edwards, daughter of Thomas Edwards, deceased. Surety: Meredith Poythress, who made affidavit that Elizabeth Edwards lived at the home of his father, Thomas Poythress, and was 23 years of age. The witness was Griffin Stith.
Court Cases – In 1763, in Dinwiddie County, the charges were denominated in pounds of tobacco, for which it was likely warehouse receipts were used to pay the bill.
Reece Brewer, Brunswick County, E P and G B to pay. January, 1763, executive order, &c., versus T. Poythress. April 5, 1763, executive order, &c. The County, March 30, 1763, for attending a called court for examination of Thomas Poythress.
Thomas Twitty, Brunswick County, February, 1763, dismissed versus Pittillo, file papers; attorney ads Dance, assignee of Poythress, Order for Imparlance, copy Writ and returned, declaration.
Thomas Poythress and Francis Eppes, February, 1763, attorney ads E. Featherstone.
Stephen Dance, assignee of Thomas Poythress, February, 1763, Capias versus Twitty, docketing, attorney Bill returned, declaration, continuance, [June Order, copy plea, report – crossed out].
Thomas Gray, February, 1763, Capias versus T. Poythress, docketing, attorney, declaration, Order, copy, attorney, recording returned. June, 1763, Order versus Welch, copy plea, report. October, 1763, dismissed, papers, continuance versus T. Poythress. October, 1763, dismissed, file papers.
Matthew Marrable, assignee of Thomas Poythress, Lunenburg County, February, 1763, Subpoena for witness against Hightower. May, 1763, continuance. Thomas Ross, assignee of Thomas Poythress, who was assignee of Edwards Featherstone, petition, &c., and judgement versus Wagnon, attorney, executive order, &c.
Francis Hamlin, assignee of Thomas Poythress, April, 1763, Capias versus Welch, docketing, attorney, Bill returned, continuance, copy plea, report.
On June 7, 1779, John Parker, of Brunswick County, sold to Henry Maclin, of Brunswick County, for £150, 100 acres, in Brunswick County, it being part of a tract of 200 acres to be divided between John Parker and Thomas Parker, lying on both sides of Sturgeon Creek and adjoining Henry Briggs, John Mitchel and Jane Parker. The indenture was witnessed by John Haskins, Catharine Trotter, Joseph Maclin, Elizabeth Maclin and Ann Poythress.
On September 28, 1779, in the Brunswick County court, Thomas Poythress, plaintiff, versus George Lewis, defendant, in trespass, dismissed for want of prosecution.
Estimated 1781-1783, in Brunswick County, Douglas Wilkins against Thomas Poythress, Charles Williams and Thomas Cleaton, debtors. The debt Poythress acknowledged the persons actions to be just. Therefore it was considered by the court that the person recover.
On October 7, 1782, in Brunswick County, judgement was granted Nathaniel Hobbs against Thomas Poythress, against 4,500 pounds tobacco with interest from May 15, 1781.
On October 28, 1782, in Brunswick County, court order against the defendants and Thomas Poythress, as security, for their appearance. Joseph Prince, plaintiff, against Thomas Poythress and Clement Mallory, in debt, conditional order against the defendants and Thomas Poythress, as security, for their appearance.
In November, 1782, court order, attachment on all of the estate of the defendant in the hands of Thomas Poythress, et al. Gideon Harris, plaintiff, against Thomas Wagnon defendant, on an attachment. The said attachment returned being executed on all of the estate of the defendant that might be in the hands of Thomas Poythress, Daniel Wagnon and Briggs Goodrich that they were summoned as garnishees and the defendant not appearing judgement was awarded against the said defendant for £7 with interest from the nineteenth day of June last due by bond, also for £3 which the plaintiff made appear to be due on account and the books of the said Thomas Poythress and Daniel Wagnon declared as follows: the said Daniel Wagnon made oath he had nothing of the defendant’s in his hand and the said Thomas Poythress declared that he was indebted to the defendant the sum of £20 with interest from the 24th August. It was therefore ordered that the said Thomas Poythress do pay and satisfy this judgement and costs to the plaintiff. (no year date on this document but it may be assumed that it follows the previous document by a short period, perhaps a month; i.e. from Oct. 1782).
In December, 1782, court order, attachment on the property of Thomas Poythress, Jr., in the hands of Thomas Poythress, Daniel Wagnon, Benjamin Jackson. Phillip Mallory, plaintiff, against Thomas Poythress, Jr., defendant, as an attachment. The said attachment being returned executed on a field of corn, a potato patch, and a parcel of fodder, and also on all the estate of the defendant that might be in the hands of Thomas Poythress, Daniel Wagnon, and Benjamin Jackson, that they were summoned as garnishees and the defendant not appearing on the motion of the plaintiff by his attorney, judgement was awarded him against the defendant for £7/12/0 with interest from the ___ ___ and the ____ and it was ordered that the Sheriff do sell the attached affects and apply the money arising from the sale towards satisfying this judgment and the said Wagnon being sworn declared that he had in his possession a note of hand due from Amos Naring to the defendant for £2/10/0 due on the 8th instant. It was therefore ordered that the said Amos Naring do pay the same to the plaintiff towards satisfying the residue of this judgment and this attachment was continued for the other garnishees. Notes: In the abbreviation following the name of Thomas Poythress, it was unclear whether it was Jr. or Sr. “Jr.” was the likelier text. In any case, there was a Thomas Poythress, father and son, living in Brunswick County.
No year date was furnished in this document but it most likely followed the previous court order by a short time, likely a matter of a month or more. To the Worshipful Court of Brunswick County Sitting in Chancery: Humbly complaining Sheweth to your worships, your orator William Warwick, that on the 2nd day of December 1782, he bought of a certain Thomas Poythress (whom your orator Prays to be made defendant hereto) a certain tract of land lying in this county, containing 214 acres, adjoining the land called Randal’s Ordinary, that is adjoining the lands of your orator and of John Taylor and Richard Heartwill, that your orator paid him for the said land & another tract to wit the said place called Randal’s Ordinary and the said defendant executed on the same day to your orator a bond in the Sum of one Thousand pounds conditioned to make complete title in fee simple to your orator in the said lands, which bond or obligation is herewith filed and prayed to be considered as part of this bill. That the said Defendant has only made such title in part of the said lands, that is the Place called Randal’s Ordinary, but has constantly refused to make such title sought to your orator of and to the said 214 acres of land which is contrary to equity, and oppressive to your orator. In tender consideration whereof & for as much as your orator is only relievable in the premises in a court of Equity where contracts are decreed to be specifically performed and to the end that the said Defendant may on his oath full true and perfect answer make to all and singular the foregoing allegations as amply and completely as if he were herein thereto particularly interrogated and to the end that your worships may decree that the Said defendant shall convey in fee simple the said land consisting of 214 acres to your orator. That the said defendant, his heirs and all claiming under him be precluded forever from having or claiming any right or title thereto and that the same be vested in your orator, his heirs and assigns forever and that your Worships may grant your orator such other and further relief in the premises as may be deemed consistent with equity and justice, may it please your Worships to grant your orator the Commonwealth’s writ of Subpoena to be delivered to the said defendant and commanding him &c by your orator shall be. [signed] Robertson for Complainant. Recorded William Warwick versus Thomas Poythress Bill.
Know all men by these Presents that Thomas Poythress of the county of Brunswick and state of Virginia am…..do and firmly bound unto William Warwick of said county and state in the just and full sum of one thousand pounds…to be paid unto the said William Warwick his certain Attorney his heirs Executors or assigns to which payment will and truly to be made, I bind myself my heirs Executors administrators firmly by these presents sealed with hand and seal this 2nd day of December 1782. The condition of the above obligation is such that whereas the said Thomas Poythress has sold two certain tracts or parcels of land in Brunswick County the one whereon he now lives known by the name of Randle’s Ordinary containing three hundred acres, the other in acres known by the name of Williams’ containing two hundred and fourteen acres now if the above Thomas Poythress do so or shall make a good and lawful title in said lands and give possession by or before Christmas next then the above obligation to void or else to remain in full force and virtue. [signed] Thomas Poythress, (seal). Witness, Hinshia Mabry, G. Williamson. Bond T. Poythress, Subpoena Book, bring Subpoena in Chancery for Total 214 acres out of the Book.
Memo for W. David Robertson to bring a Suit in Chancery against Thomas Poythress for a title to a tract of land in Brunswick County….and called Randles ordinary, the said Poythress is long ago removed to G…..the place called Tom. Bigby, now under the Spanish Government. [signed] William Warwick [BPN note: The Tombigbee River is in the area that later, in 1832, became the state of Alabama. This same area was indeed much earlier part of Spanish land. Even after becoming part of the Mississippi Territory purchased by the United States of America, this area was Indian land for some years]. William Warwick against Thomas Poythress, 214 and John Mason and William Harrison, Surviving Executors of James Mason Deceased. Subpoena in chancery.
On October 28, 1783, in Brunswick County, Stephen Neal versus Thomas Poythress. Thomas Poythress was ordered to recover £10 gold or silver.
In March 1787, in Brunswick County, the Commonwealth of Virginia, to the Sheriff, of Brunswick County, Greeting, we command you that you summon Thomas Poythress to appear before the Justices of Brunswick County court at the Courthouse in Chancery on the fourth Monday in March next to answer a Bill in Chancery exhibited against him by William Warwick and this he shall in no wise omit under the penalty of £100 and have then there this Writ, witness Drury Stith, Clerk of the Court, December 5, 1786. Indicated that Thomas Poythress was not found to be an inhabitant of the county: In Chancery, Warwick versus Poythress, March, 1787; August, 1787; March, 1788; August, 1788; November, 1788. The summons for Thomas Poythress dated December 5, 1786, for March court, 1787. He was not found to be an inhabitant of Brunswick County.
On July 26, 1788, in the Georgia State Gazette Independent Register, published in Augusta, Georgia, Thomas Poythress was on a list of defaulters in Captain Wynn’s District, Burke County, Georgia.
On November 1, 1788, in Georgia, from a list of presentments of the Grand Jury of the Present Term: “In the Superior Court it is ordered that the presentments of the grand jury of the present term be published in the State Gazette… “grievance #7, …We present Joshua Inman, …Thomas Poythress, as gamblers; therefore a nuisance to this county.”
Brunswick County Chancery Court, the Commonwealth of Virginia, to the Sheriff, of Brunswick County, Greeting, we command you that you attach Thomas Poythress so that you have his body before our Justices of Brunswick County on the fourth Monday in November next to answer us as well of a certain contempt by him to us offered as it said upon those things which to him shall then and there be objected and further to do and receive what our said court shall in this part consider and have then there this writ, witness Drury Stith, Clerk of our Court, September 2, 1788. Indicated that Thomas Poythress was not found to be an inhabitant of the county. Warwick versus Poythress, for not answering a Bill in Chancery exhibited against him by William Warwick. A warrant was issued September 2, 1788, for Thomas to appear at the November court, 1788. He was not found to be an inhabitant of Brunswick County.
Brunswick County, to the Worshipful Court, of Brunswick County, sitting in Chancery, humbly complainant shows unto your Worships, your orators, William Mallory and Wood Jones Hamlin, that some time about the —– day of —– 1782 your orator, William Mallory, executed a bond or note payable to a certain Thomas Poythress for the sum of £6, 10 shillings, or thereabouts some time after which and not long before the said Poythress left this state. Your orator, William Mallory, actually paid the said Thomas Poythress the full amount of the said Bond and required him to give up the same to be canceled whereupon the said Thomas Poythress informed your orator, William Mallory that he had lost or mislaid the said Bond and promised before a witness to destroy the same should he find it again which your orators expect to be able to prove at this time. Notwithstanding which circumstance the said Thomas Poythress shortly after left this state without having destroyed the said Bond and the said Bond causing by some means unknown to your orators come….of a certain Th…… a …..upon the said Bond…..t again your orator….who employed an attorney……d from in the said suit and being informed by the Clerk that would be time enough to subpoena his witnesses to this court your orator, William Mallory, informed his lawyer that the said suit would not come on until the March court but so it is may it please your Worships that a judgement was entered up against your orator William Mallory and your orator Wood Jones Hamlin on his common Bail in the month of November last for the said Bond and costs of suit not withstanding your orator, William Mallory, expressly charged that he had fully paid and satisfied the said Bond to the same Thomas Poythress, Sr., before he left this state and expects he can prove the same when and where this court shall direct, all which actings and doings of the said Thomas Poythress and his confederates who your orator pray may be made defendants to this Bill in contrary to equity and justice, in tender considerations whereof and as your orators are remediless in the premises without the aid of this Worship’s court, to the end therefore that the said Thomas Poythress, Sr., may upon his corporal oath full true and perfect answer make to all and singular the allegations contained in this Bill and that as fully as if the same were herein again repeated and he…..particularly interrogated and in the mean time that the said Thomas Poythress may be enjoined from all other and further proceedings upon this judgement at law until the further order and decree of this court, or that your Worships will make such further order and decree in the premises as may be agreeable to equity and the nature of this case may require may it please your Worships to grant unto your orators the Commonwealth’s Writs of subpoena and interrogation to be directed to the said defendant thereby commanding him, &c. Mallory, &al versus Poythress, July abated for want of bond. This day came William Mallory before me a Justice of the peace for Brunswick County, and made oath that the writing in this Bill contains the truth and nothing but the truth, given under my hand, May 17, 1792.
William Mallory and Wood Jones Hamlin stated that sometime about the —- day of —- 1782, William Mallory executed a bond or note payable to a certain Thomas Poythress for the sum of £6, 10 shillings, or thereabouts, sometime after which and not long before Thomas Poythress left Virginia. William Mallory actually paid Thomas Poythress the full amount of the Bond and required him to give up the same to be canceled whereupon Thomas Poythress informed William Mallory that he had lost or mislaid the Bond and promised before a witness to destroy the same should he find it again which Mallory and Hamlin expect to be able to prove at this time…William Mallory expressly charged that he had fully paid and satisfied the said Bond to Thomas Poythress, Sr., before Poythress left Virginia and expects he can prove the same when and where this court shall direct, all which actings and doings of Thomas Poythress and his confederates who William Mallory prays may be made defendants to this Bill in contrary to equity and justice. In tender considerations whereof and as the orators are remediless in the premises without the aid of the court to the end therefore that the said Thomas Poythress, Sr., may upon his corporal oath full true and perfect answer make to all and singular the allegations contained in this Bill and that as fully as if the same were herein again repeated and he…particularly interrogated and in the mean time that the said Thomas Poythress may be enjoined from all other and further proceedings upon this judgement at law until the further order and decree of this court…May, 1792. The document mentions that Thomas Poythress, Sr., left Virginia shortly after the agreement in 1782.
Brunswick County, Chancery Court, the Commonwealth of Virginia, to the sheriff, of Brunswick county, greeting. We command you, that you summon Thomas Poythress to appear before our Justices of the Brunswick County court at their courthouse, on the 4th Monday in November instant then and there to answer a bill in Chancery against him exhibited by William Warwick and this he shall no wise omit under the penalty of £100, and have then there also this writ. Witness John Jones clerk, of our said court, at the office, November 1, 1792 and in the 17th year of the Commonwealth. Indicated that Thomas Poythress was not found to be an inhabitant of the county. Warwick versus Poythress, December, 1792; June abated by. The summons was issued for Thomas Poythress on November 1, 1792, but he was not found to be an inhabitant of Brunswick County.
In Brunswick County, Chancery Court, the Commonwealth of Virginia, to the sheriff, of Brunswick county, greeting, we command you, as before you have been commanded that you summon Thomas Poythress to appear before our Justices of the Brunswick County court, at their courthouse, on the 4th Monday in March next then and there to answer a bill in Chancery against him exhibited by William Warwick and this he shall no wise omit under the penalty of £100, and have then there also this writ. Witness, John Jones, Clerk of our said court at the office, December 11, 1792, in the seventeenth year of the Commonwealth. Indicated that Thomas Poythress was not found to be an inhabitant of the county. Warwick versus Poythress. The summons was issued for Thomas Poythress on December 11, 1792, but he was not found to be an inhabitant of Brunswick County.
The Commonwealth of Virginia to the sheriff of Brunswick county, greeting. We command you, that you summon Thomas Poythress, and John Mason, and William Harrison, Surviving Executors of James Mason deceased to appear before our Justices of our county court of Brunswick at their courthouse of said county, on the 4th Monday in March next, then and there to answer a bill in Chancery against them exhibited by William Warwick And this they shall no wise omit under the penalty of £100 each and have then there also this writ. Witness, Charles B. Jones, clerk of our said court at the office, the 6th day of December 1793 and in the 18th year of the commonwealth. (signed) C B Jones.
January 1794 James Harrison. Subpoena in Chancery Warwick versus Poythress and Masons Executors = 1794 April abates to Masons executor and continued for Bill, May Court for Bill, June ditto, July Ditto, August Ditto, September Ditto, October Ditto, November Ditto, December Ditto, 1795, January, February, March Ditto, April Dismissed for Want of Bill, May reinstated and ordered to the calls. June Bill filed and Continued for answer, July Continued for answer, August Ditto. September Ditto, October Ditto, November Ditto, December Ditto = 1796, January Ditto. February abates by the Plaintiff’s death. John Walton and Mary his wife late widow of William Warwick, deceased versus Thomas Poythress, Sr.
This suit was formerly brought in the name of William Warwick but by the Death of Warwick abated. The Land is willed by Warwick to Mary Walton late Mary Warwick in fee. The case is as follows, to wit, Richard Randle and Mary his wife made a Deed to James Mason bearing date the 10th April 1780. James Mason sold the Land to Thomas Poythress, Sr., and on the 1st Sept 1782 upon giving Poythress a receipt in full for the amount the said Mason bound himself in an obligation to make a good and lawful Title for the premises aforesaid to the said Poythress which written obligation was afterwards assigned to William Warwick, who never received a Deed for the said Land of the said Poythress or did the said Poythress ever receive a Deed from James Mason who is now dead and insolvent. Poythress resides in the State of Georgia. The Deed from Randal and wife to Mason is herewith enclosed, Number 1. The Receipt from Mason to Poythress with the assignment on the Back is also herewith enclosed, Number 2.
To the worshipful Court of Brunswick County Sitting in Chancery Humbly complaining Then to your worships, your orator, John Walton and your oratrix Mary Walton his wife, who was late Mary Warwick widow and relict of William Warwick deceased, that the Said William Warwick purchased and fully paid for in his life time a certain tract of land situate and being in this County….containing….acres….of a certain Thomas Poythress, from whom he took a bond in the penalty of….pounds conditioned to make or cause to be made and secured to the Said William Warwick an indefensible right and title in fee Simple of, in and to the Said tract of Land which bond is herewith filed and prayed to be considered as part of this bill. That the Said Poythress had long ago left this commonwealth and that his particular place of residence is not known to your orator and oratrix, that the said Poythress had not the legal, but had certainly an equitable, title to the Said land and bought it of a certain James Mason who has since departed this life, who put him in possession thereof and who received full Satisfaction for it from the Said Poythress, who was in possession of it when the Said William Warwick purchased it. That the Said William Warwick by his last will and testament which is duly recorded in this worshipful court and prayed to be considered a part of this bill of complaint, devised all his right and title to the Said Land to your oratrix: that the Said Warwick was in possession of and enjoyed the Said Land for several years and your orator and oratrix in her right now are in possession of it, but that the legal title is in the heirs of the Said James Mason, who are as follow, to wit: [Edmund Mason’s name is first, but is lined out], George Mason and Jane Mason, children & coheirs of the Said James Mason deceased, William Thompson Mason, James Mason and Edmund Mason children and coheirs of Edmund Mason who was son & coheir of the said first mentioned James Mason, Robert Mabry and Rebecca his wife who was late Rebecca Mason, Ira Ellis and Polly his wife who was late Polly Mason also daughter of the said deceased James Mason, all of whom as well as the said Poythress your orator prays to be made defendants hereto, the infants hereafter mentioned to be made defendants by Robertson their guardian. That the said children of Edmund Mason are infants under lawful age and by law incompetent and unable to convey the legal right remaining in them as representing their said ancestor James Mason, to your orator and oratrix, which in injurious to them and repugnant to equity, which Said infants are prayed to be made defendants hereto by their guardian to be appointed by this court. Your orator and oratrix State further that the Said Land was conveyed in fee simple by a certain Richard Randle to the Said Mason by deed of Indenture, which is duly recorded in this worshipful court and prayed to be considered as part of this bill. That the Said Mason granted a receipt in full to the Said Poythress for the consideration money for the sale of the said Land and thereby promised and obliged himself, his heirs &c to make a sufficient and absolute right in fee Simple in and to the said Land to the Said Poythress, and which receipt the said Poythress assigned by an indorsement thereon in his own hand writing to the Said Warwick when he Sold and delivered him possession of the Said Land: which receipt is herewith also filed and prayed to be considered as part of this bill, That though your orator and oratrix in her right use in justice and equity entertain the legal right in fee simple of the said land as well as to the perception and enjoyment of its rents, issues and profits, yet from the infancy of the said Mason defendants and other causes before recited, they are deprived of such right and title; and may by possibility and accident be deprived hereafter of the means of establishing the Same altogether without the aid of a court of equity: In tender consideration whereof & because your orator oratrix can only be released in the presence court of equity, and to the end that all the said defendants and pray fully and unevasively answer all the foregoing allegations on oath and that they shall be decreed by this worshipful court to be forever bound and precluded from all right title to the Said land and be decreed and ordered to convey their respective rights to the Said Land to your orator and oratrix for the benefit of your oratrix and that your orator and oratrix be adjudged and decreed to have and enjoy the Same land in fee simple; and that the infant defendants be precluded also from all right and title to the same and decreed to convey their rights and titles therein to your oratrix according to the usual principles of courts of equity in similar cases: or that such other and further relief may be decreed to your oratrix and orator in the premises as may be deemed equitable and their case may justly require. May it please You Worships to grant your orator and oratrix the Commonwealth’s writ of Subpoena to be directed to the Said Defendants commanding them &c and your orator and oratrix shall &c. [signed] Robertson for Complainants. John Walton and wife late Mary Warwick versus James Mason’s heirs & others Bill and voucher included = 1799 April Bill filed and Continued for Answers, May Continued for answers, June ditto and July Ditto, August 1 Ditto, September ditto; October Ditto; November ditto, December ditto = 1800, January Ditto, February Ditto, March ditto, April ditto, May ditto, May Court ordered and Decree issued, June Continued, July Continued August ditto, September Ditto, October ditto, November Ditto, December Ditto, 1801, January Continued, February Ditto, March Ditto, April ditto, May ditto, June Ditto, July Ditto, August Ditto, September Ditto, October Ditto, November Ditto, December Ditto = 1802, January Ditto, February Ditto, March Ditto, April Ditto, May Ditto, June Ditto, July Ditto, August Ditto, September Subpoena issued and Continued for answers, October continued for answer, November Ditto, December Ditto = 1803, January Ditto, February Ditto, March Ditto, April Ditto, May Ditto, June Ditto, July Ditto, August Ditto, September ditto, October ditto, November Ditto, December Ditto = 1804, January Ditto, February Ditto, February Ditto, March Ditto, April Dismissed.
In the name of God Amen. I John Mason of Greensville County being of sound Mind do ordain my last Will and Testament making void all other will or wills heretofore made. I lend my wife Mary Mason the parcel of land held by Peter Wyche by purchase from William Harrison, but in case her pregnancy should prove abortive or the child should not arrive to a lawful age then I give and bequeath the above mentioned land to my said wife to her and her heirs forever. I give and bequeath to my expected Child all the Land I had of Edward Smith with the Land Peter Wyche had of William Waller and I had of Peter Wyche to the said Child and its heirs and assigns forever. I give and bequeath to my wife all my personal Estate of whatsoever kind after paying all my just Debts. I likewise give unto my said wife all the Rents arising from the above mentioned Lands for to assist her in the raising and Educating of my expected Child: I give the Lands which I exchanged with my Brother Edmund Mason to Arthur, Bolling, Little James and John their heirs &c when Arthur is of Age as I have limited in the Deed of Emancipation and the Rent until then to be given my said wife for to assist her in the raising and Educating of my expected Child. I give and bequeath unto little Nanny and all other Slaves now claimed by me in whole or in part all that liberty and freedom which I might on the footing of law lay claim to with their offsprings forever. It is my Will & desire that my above mentioned Lands should not be cleared nor cut to make any waste more than is necessary for the support of the same. It is my Will and desire that if my expected Child should arrive to a lawful age that it shall have the Land lent to my wife at her death, to that and its heirs and assigns forever. I further desire that Negro Anthony should live where he has lately built him a House uninterrupted allowing him fire wood, Ground for a Garden, Cotton patch & Potatoes rent free during life provided he behaves well as I believe he will and likewise that Anne Jefferson should enjoy the same privilege where she now lives if she chooses it upon the same Terms. It is my will and desire that my Uncle William Harrison, my friends Ingram Blanks and Robert Rivers together with my Brother in law Irwin Maclin when of age should act as my Executors and my wife Executrix to this my last will and Testament. I desire to be buried in a plain manner without any Spirits at all by that person my wife shall make choice of. I ordain this to be my last will & Testament as Witness I have hereunto set my hand and seal this ninth Day of April One Thousand Seven Hundred and Ninety Three. John Mason (L. S.). Signed sealed & acknowledged in the presence of Hubbard Hobbs, Frederich Hobbs, Nathaniel Mabry. Duly proved and admitted to record at Greensville County Court, August 1793, and Mary Mason, the Executrix therein named qualified thereto according to Law. Teste P. Pelham, Clerk of Court. Extract from the Records Testa P. Pelham, Clerk of Court. Copy John Mason’s Will For John Walton, Brunswick.
The Commonwealth of Virginia to the sheriff of Brunswick county, greeting. We command you, that you summon Thomas Poythress and Robert Mabry and Rebecca his wife who was late Rebecca Mason, widow and Executrix of James Mason deceased and William Harrison, John Mason and Benjamin Jones surviving executors of the said James Mason deceased, Edmunds and George Mason sons of the said James Mason deceased, and Jane Mason daughter of the said James Mason deceased to appear before our Justices of our county court of Brunswick at their courthouse of said county, on the 4th Monday in March next, then and there to answer a bill in Chancery against them exhibited by John Walton and Mary his wife late Mary Warwick widow and Devisee of William Warwick deceased And this they shall in no wise omit under the penalty of £100 each And have then there also this writ. Witness Herbert Hill clerk of our said court at the office, the 26th day of February 1798 and in the 22nd year of the commonwealth. [signed] H. Hill. 1798 March 13th Ecid on Benjamin Jones and those Present on Inhabitants. [signed] Friedrich Greene, Deputy of John Stith, Sheriff. Recorded Subpoena in chancery. Walton Versus Poythress, Sr. = 1798, April Continued for Bill. May Continued for Bill, June Ditto, July Ditto, August Ditto, September Ditto, October Ditto, November Ditto, December Do = 1799, January, February and March, Ditto.
Brunswick County May Court 18 hundred. John Walton and Mary his wife late Mary Warwick widow and Devisee of William Warwick Deceased, Complainants against Thomas Poythress and Robert Mabry and Rebecca his wife formerly Rebecca Mason widow and executrix of James Mason deceased and William Harrison, Benjamin Jones and John Mason executors of James Mason, deceased, and Edmunds, George and Jane Mason sons and daughter of the aforesaid James Mason, Defendants In chancery It appearing to the court that the subpoena which issued in this cause have been regularly served on the defendant Benjamin Jones and the Bill filed in this cause more than three months past and the said defendant have failed to appear and put in his answer thereto agreeable to the rules of this court. On the motion of the complainants by their counsel it is ordered and decreed that the complainants Bill be taken for confessed and the matters thereof decreed accordingly and that the Defendants pay the cost of this suit but this decree shall be null and void if the said defendant shall appear and file his answer on or before August term next. A Copy Teste [signed] Herbert Hill Clerk, SC, 10th July 1800, executed James Harrison, Deputy for Richard Fletcher, Sheriff. Walton and wife versus Poythress &al, Copy 4 answer.
The Commonwealth of Virginia to the sheriff of Brunswick County greeting you are hereby commanded to summon Thomas Poythress, Robert Mabry and Rebecca his wife who was late Rebecca Mason widow and Executrix of James Mason, and William Harrison, John Mason and Benjamin Jones, surviving executors of the said James Mason, Seth Mason and Jane daughter of the said James Mason, Ira Ellis and Polly his wife widow of John Mason to appear before the Justices of our said County Court at the Courthouse on the 4th Monday in May next then and there to answer a bill in Chancery against them exhibited by John Walton & Mary his wife late Mary Warwick widow & devisee of William Warwick deceased and this they shall in no wise omit under the penalty of £100 each and have then there this writ Witness Herbert Hill clerk of our said Court this 5th day of April 1802. In the 26th year of our foundation. [signed] H Hill. Executed on Ira Ellis and Polly his Wife. [signed] J. S. Rice, deputy, for Wright Tucker, sheriff. Subpoena in Chancery, Walton and wife versus Poythress & al 228, Ira Ellis.
The Commonwealth of Virginia to the sheriff of Greensville County greeting you are hereby commanded to summon George Mason and Seth Mason and Jane his wife, children and coheirs of James Mason, William T. Mason, James Mason and Edmunds Mason, Robert Mabry and Rebecca his wife, Ira Ellis and Polley his wife to appear before the Justices of our said County Court at the Courthouse on the 4th Monday in May inst to answer a bill in Chancery against them exhibited by John Walton & Mary his wife late Mary Warwick widow and relict of William Warwick. And this they shall in no wise omit under the penalty of £100 each and have then there this writ Witness Herbert Hill clerk of our said Court this 5th day of April 1802. In the 26th year of our foundation. [signed] H Hill. Executed on Edmund Mason and George Mason, Seth Mason, William T. Mason, James Mason, James Mason, Robert Mabry, Rebeca Mabry, Ira Ellis and Polley Ellis not found in my Bailwick. [signed] J. C. Lundy, Deputy Sheriff, of Esau Goodwyn, the sheriff of Greensville County. Subpoena in Chancery, Walton and wife versus Mason &al May, Brunswick County, 1802, Greensville County. George Mason, Seth Mason, Jane Mason, William T. Mason, James Mason & Edmund Mason, Robert Mabry, Rebecca Mabry, Ira Ellis, Polly Ellis.
The Commonwealth of Virginia to the sheriff of Southampton County greeting you are hereby commanded to summon George Mason, Seth Mason and Jane his wife, James Mason, William T. Mason, James Mason and Edmunds Mason, Robert Mabry and Rebecca his wife, Ira Ellis and Polley his wife to appear before the Justices of our said County Court at the Courthouse on the 4th Monday in May inst to answer a bill in Chancery against them Exhibited by John Walton & Mary his wife and this they shall in no wise omit under the penalty of £100 each and have then this writ Witness Herbert Hill clerk of our said Court this 5th day of May 1802. In the 26th year of our foundation. [signed] H Hill, the sheriff of Southampton County. Subpoena in Chancery, Walton and wife versus Mason &c Southampton.
Brunswick County. The Commonwealth of Virginia to the sheriff of Southampton County, greeting. You are hereby commanded to Summon George Mason, Seth Mason and Jane his wife, James Mason, William T. Mason, James Mason and Edmunds Mason, Robert Mabry and Rebecca his wife, and Ira Ellis and Polley his wife to appear before the Justices of our said County Court at the Courthouse On the 4th Monday in August instant then and there to Answer a Bill in Chancery against them exhibited by John Walton & Mary his wife and this they shall in no wise omit under the Penalty of £100 each and have then there this writ Witness Herbert Hill clerk of our said Court this 7th day of August 1802 In the 27th year of our foundation. [signed] H Hill. 1802 August 16th Executed on Robert Mabry and George Mason. Not on Rebecca Mabry for the want of time. As to the rest No Inhabitants. [signed] T. W. Beal, Deputy Sheriff, for J. Browne, Sheriff. Subpoena in Chancery, Walton and wife versus Mason &c = 1802 August Court.
Brunswick County. The Commonwealth of Virginia to the sheriff of Sussex County, greeting. You are hereby commanded to Summon George Mason, Seth Mason and Jane his wife, James Mason, William T. Mason, James Mason & Edmunds Mason, Robert Mabry and Rebecca his wife and Ira Ellis and Polley his wife to appear before the Justices of our said County Court at the Courthouse On the 4th Monday in August instant then and there to answer a Bill in Chancery against them Exhibited by John Walton and Mary his wife and this they shall in no wise omit under the Penalty of £100 each and have then there this writ. Witness, Herbert Hill, clerk of our said Court, this 7th day of August 1802. In the 27th year of our foundation. [signed] H Hill. Executed on Seth Mason & Jane his wife. And George Mason, James Mason, William T. Mason, James Mason, Edmunds Mason, Robert Mabry and Rececca his wife, Ira Ellis and Polly his wife no Inhabitants. [signed] James Belcher, Deputy Sheriff, of R. Booth, Sheriff, 18th August 1802. Subpoena in Chancery. Walton and wife versus Mason &c = 1802 August Court.
Property: Personal Property and Land – On May 13, 1773, Thomas Poythress, of Martin’s Brandon parish, in Prince George County, sold to William Rives, son of George Rives, deceased, of Meherrin parish, in Brunswick County, 275 acres, in Mehrrin parish, in Brunswick County (probably present Greenville County), adjoining the lands of Benjamin Rives and Richard Woodroof, upon the Beaver Pond Creek. The witnesses were James Young, William Rives and Benjamin Rives. This was the same 275 acres bought by Captain John Poythress on October 13, 1727. On July 6, 1773, in Brunswick County, Thomas Poythress, of Prince George County, sold to John Dawson, of Brunswick County, 525 acres, two certain tracts, parcels or dividends of land, on the east side of the Cane Branch, by the side of the Cane Branch and down the various courses of the Run of the said Branch to the beginning, containing 200 acres more or less part of the above mentioned 525 acres, also one other tract or parcel of land containing by estimation 325 acres bounded by the above mentioned tract of 200 acres of land, by the sides of Fountain’s Creek, adjoining James Chapple, by the side of Great swamp, William Douglas, Samuel Clark, by the side of the Cane Branch, a corner of the above tract of 200 acres, by the side of Fountain’s Creek just against the mouth of the Cane Branch and down the various courses of the Run of the Creek to the beginning. The witnesses were David Edmunds, Howell Edmunds and David Edmunds, Jr. “Two certain tracts containing by estimation 525 acres.” Compare with the patent for 325 acres to John Poythress, Gentleman, March 17, 1737, and the patent for 200 acres to John Poythress, September 5, 1723. The “two certain tracts” described in the July 6, 1773, deed from Thomas Poythress to John Dawson appear to be the same property patented by John Poythress, in 1723, and John Poythress, Gentleman, in 1736.
In 1779, Thomas Poythress appeared on the Dinwiddie County Rent Roll. In 1782, in Brunswick County, land taxes were paid by Thomas Poythress, Sr., on 584 acres. In 1787, 50 acres of this land had been transferred to a James Phipps and 484 acres had been transferred to a William Warrick. Thomas Poythress was no longer listed as owning any land in Brunswick County.
In 1784, an account of the alteration of property, in Brunswick County, from May 1, 1783, to May 1, 1784, with the addition of land not before taxed: Proprietor Qty Valuation Amt Tax
- Thomas Poythress, Sr. 53acres 51 133/40/0 6.8
- Thomas Poythress, Sr. 532 acres -altered _ his land conveyed to James Phips, 50 acres, and William Warwick, 482 acres, which was charged to them.
- Meredith Poythress , 50 acres, from John Morris _ 100
On November 6, 1787, Isham Randle and Frances Randle of Brunswick County, sold to Edward Drumgold, of Brunswick County, 50 acres, in Brunswick County, adjoining William Warrick, generally known by the name of Randle’s Ordinary, Benjamin Britt and Edward Drumgold, on the Pitch Landing Road, in the head of Bennett’s great branch. The witnesses were William Finch, Thomas Poythress and George Walton. At the Brunswick County Court, April 28, 1788, the indenture was proved by the oaths of William Finch and George Walton, having been proved on January 28, 1788, by the oath of Thomas Poythress, also a witness.
In 1789, Thomas Poythress, was listed on a taxpayer list in Greene County, Georgia.
Pertinent Property – On May 9, 1766, in the King and Queen County court, to be sold at a public auction on Thursday the 29th, of this instant, at the late dwelling house of William Meredith, deceased, in Queen and King County, sundry kinds of household and kitchen furniture, a 90 HHD sloop, with a flat, apparel, and tackling, etc. Signed by William Meredith.
On June 7, 1779, John Parker, of Brunswick County, sold to Henry Maclin, of Brunswick County, 100 acres, in Brunswick County, it being part of a tract of 200 acres to be divided between John Parker and Thomas Parker, lying on both sides of Sturgeon Creek and adjoining Henry Briggs, John Mitchel and Jane Parker. The witnesses were John Haskins, Catharine Trotter, Joseph Maclin, Elizabeth Maclin and Ann Poythress.
In Prince George County, the Will of Richard Harrison, of Prince George County, dated March, 27, 1781, proved October 11, 1791. To my beloved wife, Rebecca Harrison. To my son, William Harrison, the land and plantation whereon I live. To my sons, Alexander and Shadrack Harrison, all my lands and plantations at Black Water. To my sons, Peyton and Theodorick Harrison, the land and plantation whereon I now live, to be equally divided between them that is to say, Peyton Harrison is to have my dwelling house and his proportionable part of the lands adjoining. To my sons, Ishmeal and Charles Harrison, all of my lands known by the name of the Wood Yard. My will is that my whole and sole estate is to be equally divided amongst all my former and latter children. My son, William Harrison, and my son, Alexander Harrison, executors. The witnesses were William Glover, Edward Darvell and Thomas Hobbs.
As Witness – On February 2, 1762, Leonard Claiborne, of Dinwiddie County, to Richard Claiborne and William Claiborne, a deed of memorandum (trust) secured by Claiborne’s 615 + 34 acres, in Lunenburg County, branches of Stoney Creek by patent, Leonard Claiborne, Jr., and by him conveyed to Leonard Claiborne, Sr., adjoining Green, Caudle, new lines, Mason, Jarrett, Gee; also 34 acres adjoining above land by patent Leonard Claiborne, Jr., and conveyed to Leonard Claiborne, Sr. The witnesses were Charles Hamlin, Barbar Claiborne, Thomas Poythress and Peter Corbin.
1781, an indenture for Mason and Gilliam to Spencer, a land transfer in Brunswick County, The witness was Thomas Poythress. On January 22, 1781, in Brunswick County, an Indenture between Mason and Gilliam to Spencer, a land transfer, witnessed by Thomas Poythress.
Family Estates – Prince George County, July Court 1801, by Will. In 1800 Elizabeth Cocke, to Elizabeth Cocke the plantation she bought of Richard Harrison, a 400 acre tract, also 100 acres adjoining it known by the name of the “Woodyard.”
To James Cocke the land she inherited “by the death of her brother John Poythress called Goodwine, also the land she purchased of John Worthen. To Benjamin Cocke the remainder of Woodyard after deducting 300 acres devised to her daugher, Elizabeth.” (Woodyard is described as being 12 miles east of Prince George courthouse).
In 1789, Elizabeth Cocke was listed with two tracts of 234 acres each, one of which she inherited direct and the other at the death of her brother, John Poythress. Elizabeth Poythress married Captain James Cocke, son of Benjamin Cocke. James Cocke died about 1783. Prince George County tax lists mention her tract “Goodwines” that she inherited from her brother, John Poythress. James Cocke served in the Navy during the Revolution. He was Captain of the Raleigh that patrolled the James River and from November 2, 1776, to February, 1777, he commanded the cruiser Manley Galley.
Thomas Poythress, Sr., and the Family Move to Georgia In 1784, Thomas Poythress, Sr. (c. 1729-1790s?) was about fifty-five years old, had at least six sons and still owned land in Brunswick County. In December, 1786, and March, 1787, a summons to court found Thomas not to be an inhabitant of Brunswick County. In July, 1788, Thomas appeared on a Burke County, Georgia, defaulter’s list in Captain Wynn’s District, of Burke County, Georgia, and on November 1, 1788, he appeared on a presentment list of the Grand Jury in Georgia. In 1789, he appeared on a taxpayer’s list in Greene County, Georgia, for 1789. According to the court records of Brunswick County, Thomas left Virginia and resided in Georgia at “a place called Tom Bigby, now under the Spanish Government.” According to BPN’s note, the Tombigbee River is in the area that, in 1832, became the state of Alabama. This same area was indeed much earlier part of Spanish land. Even after becoming part of the Mississippi Territory purchased by the United States of America, this area was Indian land for some years. When Thomas Poythress, Sr., left Virginia and moved to Georgia about 1785 (according to Brunswick County court records), he evidently took some of his younger children with him and these children grew to maturity in Georgia and remained in the state.
His son, Thomas Poythress, Jr., seems to have left Virginia for Georgia in 1797. Thomas’ son, Meredith Poythress, Sr., left Virginia for Georgia between 1800 and 1808. His son, George Poythress, appeared in the records in Georgia in 1797 and Edward Poythress appeared in the Georgia records in 1799 with his brothers, George Poythress and Thomas Poythress, and Thomas’ son, Thomas Poythress, Jr. By that time, Thomas Poythress, Sr., appears to have been deceased.
His son, Lewis Poythress, appeared in the Virginia records in 1792. Thomas’ son, William Poythress, appeared in the Burke County, Georgia, records in 1816.