Family of Joseph Poythress and Mary King of Troup County, Georgia Event Line 1788-1880

Compiler: John Maynard Poythress

The birth dates of Joseph Poythress and Mary King can be deduced from several census records which are in agreement. Their 1814 marriage in Warren County, Georgia is of record. The family is well traced in the records of Troup County, Georgia. The key missing element is the father and mother of Joseph Poythress and their specific origins.

(The given names Francis and Hardaman suggest that Joseph likely had the same Prince George County, Virginia origins as other parts of the colonial Poythress family.)

An interesting aspect of the wealthy Joseph Poythress family is that a great number of their slaves took (or were previously given) the Poythress surname at emancipation. The 1870 and following censuses, along with several cemeteries, list many Poythresses in Troup County with the designation “col.” following their names.

One secondary source is used extensively in this event line. It is “People of LaGrange and Troup County, Georgia, Vol. V, Histories of LaGrange and Troup County, Georgia, by Troup County Historical Association. For convenience this source is referred to as “People of…”. A primary source used is the F. A. Poythress Bible which is manuscript # 20, Special Collections, University of Georgia Library, referred to herein as “F. A. Poythress Bible”. Numerous slight variances in listed dates suggest that the records in this bible may not have been posted contemporaneously. Extrapolation of birth dates from the 1850 and 1860 censuses reveals a constant two year variance for all children. Extrapolated birth years are two years earlier in the 1860 census than the 1850 census. In any case, I have arbitrarily used the 1860 census to calculate dates of birth for first generation following Joseph and Mary Poythress. With only a few exceptions, birth dates are only recorded in event line for first generation children.

The following event line summarizes all that we know about Joseph Poythress and Mary King at this time. However, many Troup County records of their adult years have not been fully searched. These records are microfilmed and are available in the Georgia Department of Archives and History (hereinafter “GDAH”). When referenced in this paper, “GDAH 100/10” will refer to drawer 100, microfilm roll 10. Not all original documents were indexed and/or assigned page numbers but when they were, that page number is included with the coded reference.

00 000 1788 Birth year of Joseph Poythress, extrapolated from 1850 Census and F. A. Poythress Bible which agree.

30 Jun 1798 Birth of Mary Poythress, extrapolated from 1850 Census and F. A. Poythress Bible which agree. Precise date given by Smith, Clifford L. , The History of Troup County, Georgia, Atlanta, 1933.

01 Dec 1812 Thomas H. Kendall, Sheriff of Warren County to Joseph Poythress of Warren County at the suit of William Heath and others against Henry Jones, did lately sieze eighty two acres of land as the property of said Henry Jones. Joseph Poythress being the highest bidder and was knocked off to him at the price or sum of one hundred and thirty dollars and twenty five cents. Wit: Presley Spinks and Arch. Flewellin. Recorded 14 Aug 1815. Warren County Deed Book “D”, 1813-1817, GDAH.

24 Apr 1814 Joseph Poythress m. Mary King, Warren County, Georgia Marriages.

(“….married at her father’s house in Warren County” per “People of…”).

Not remarkable, marriages in the home of the bride typical of the time. GRS CD cites in error this marriage to have taken place in Upson County, Georgia.

00 000 1817 Joseph Poythress….witnessed deed of gift in Warren County 1817 by Thomas Heath to Manuell Harold q. v. card # 215, Leon S. Hollingsworth name card index file of Georgia (secondary source).

00 000 1817 “An Index to Georgia Tax Records”, 1789 forward….lists Joseph Poythress, Warren County, 1817. Southeast Regional Archives, East Point, Georgia.

00 000 1818 Warren County, Ga. Tax Digest, Capt. Hulbert’s District. Joseph Poythress: 2 pleasure wheels, 130 acres Warren County, on the Ogeechy (sic) River.

00 000 1818 Birth of son William B. Poythress. Extrapolated from 1860 Troup County census.

20 Jan 1820 Poythress, Joseph, Lieutenant, Warren County, 20 January 1820 to 26 May 1821, Georgia Militia Records 1808-1829, page 27.

00 000 1820 Joseph Poythress drew a winning ticket in the 1820 Georgia Land Lottery for Section 15, Lot 98, Irwin County, Georgia.

See 00 000 1832 for winning draws in 1832 Georgia Land Lottery.

GDAH 286/46 & GDAH 286/43.

00 000 1822 Birth of daughter Mary Ann E. Poythress. Extrapolated from 1860

Troup County census.

00 000 1823 Birth of son Russell King Poythress. Extrapolated from 1860 Troup County census.

00 000 1823 Joseph Poythress….a commissioner to divide estate of Ezekial Wall, Warren County, Georgia, 1823. Leon S. Hollingsworth name card index file of Georgia (secondary source).

00 000 1826 Birth of son John H. (Hardaman) Poythress. This son is otherwise unknown and unmentioned except for instructions to the executors of Mary Poythress’ will: “a suitable Tomb Stone placed over my grave and that of my son John Hardaman”. A search of Troup County cemeteries shows the grave of John H. Poythress (1826-1846) in Hill View Cemetery.

Source: Troup County Archives, Results of Cemetery Records Search,

http://www.lgc.peachnet.edu/cgi-win/cemsrch.exe#01

00 000 1826 Birth of daughter, Sarah Jane Poythress. Extrapolated from 1860 Troup County census.

28 Mar 1826 “Will be sold at the court-house in the town of Warrenton, Warren County, on the first Tuesday in May next…..100 acres of land…on the waters of Ogechee [sic]….whereon James Rogers, Jr. now lives, levied on as the property of said Rogers, to satisfy three executions in favor of Joseph Poythress for the use of Gerald Camp”. (signed) Solomon Wilder, Sheriff. From: Genealogical Abstracts from the Georgia Journal, Milledgeville, Ga 1809-1840, Hartz & Hartz, 1994, GDAH.

01 Aug 1826 “Will be sold on the first Tuesday in September next, at the court-house in the town of Warrenton, Warren County…..the following property, to wit: 200 acres land…on the waters of Long Creek, adjoining Harmon Hulbert, William Brinkley and others, levied on as the property of James Wheeler, to satisfy 2 fi fas in favor of Joseph Poythress vs. James Wheeler and William Brinkley. From: Genealogical Abstracts from the Georgia Journal, Milledgeville, Georgia, 1809-1840, Hartz & Hartz, 1994, GDAH.

00 000 1827 Will of Elizabeth King. The mother of Mary Poythress is leaving slaves to her daughter Mary Poythress: “Item 1st it is my Will and desire that the heirs of the body of my daughter Mary Poythress shall have the following negroes; to wit: Delphe and her two children, Tom and Sucky, and their increase and to be equally divided and distributed among them so that each one of them may have an equal share of said negroes”. Item 2nd wills slaves to daughter Sarah Zachry. Residue of estate to son William Jackson. Executor James T. Dicken. Witnesses: John B. Harrell, James T. Dicken. Probated 5 Nov 1827. From: Loose Wills of Warren County, page 165, Will Book “B”, GDAH 37/51.

11 Oct 1828 J. Poytheress [sic]received note (?). From “Rural Cabinet” a court reporting publication in Warren County from 13 May 1828 to 26 June 1830.

00 000 1830 Census of Troup County, Georgia:

Joseph Poythress

Free white males in household: 5 (2 under5, 1@10-15, 1@30-40)

Free white females in houshold: 3 (1 under5, 1@ 5-10, wife 30-40)

Slave black males in the houshold: 9

Slave black females in household: 6

(Census transcription by “People of….”.)

05 Feb 1830 Deed from James L. and William B. Daniel to Joseph Poythress of Troup

County: “this indenture made on this fifth day of February, 1830…between

(above)…for and in consideration of the sum of seven thousand dollars to

them in hand…that lot or parcel of land situated in being on the South dias

of the town of LaGrange in said county and adjoining the lot of land on

which the town of LaGrange is situated…”. Troup County Superior Court

Deeds, Book “B”, GDAH 154/47.

The home built by Joseph Poythress on this lot was inherited by Francis Poythress, who married Caroline Ware, and she in turn became the owner of the property after the death of her husband. She married a second time, to John T. Gay, and lived in the house until her death in 1922. The house was moved to Broome Street when the present LaGrange post office was built , and was finally razed in 1925. Source in part: History of Troup County, Smith, Clifford L., Atlanta, 1933.

26 Dec 1831 Charter granted to LaGrange Female Academy; one of designated trustees:Joseph Poythress. History of Troup County, Clifford L. Smith, 1933.

00 000 1832 Joseph Poythress, drawing in the 1832 Georgia Land and Gold Lotteries, had a winning draw for 180 acres in Cherokee County, Section 4, District 7, Lot 14. He did not “take up” (pay registration and deed fee) and the land was sold at state auction on 12 Jul 1846 to B. H. Moultrie. Moultrie was likely a land speculator as his name appears with frequency as an auction buyer of grants not taken up. GDAH 286/49. Entitled to a second draw by virtue of military service (see 20 Jan 1920 above) Joseph Poythress had a winning draw for 40 acres of Gold Land

in Cherokee County, Section 3, District 2, Lot 7. This land was “taken up”

27 Aug 1834 (deed fee paid and ownership established). GDAH 286/49.

Ultimate disposition of this land not yet determined. 24 Sep 1832 Page 1…”on morning of Monday, September 24, 1832, Joseph Poythress called for jury duty”. Superior Court Minutes for Troup County, period 1832 to 1844. No index. GDAH 155/18.

20 Jan 1835 Will of Shearward McFarland. Witness: Joseph Poythress. Troup County Wills Book 1(A), pg. 27. Estate Records of Troup County, Georgia 1827-1850, Allen & Knight. Published by Troup County Historical Association.

04 Apr 1836 Birth of Francis A[ndrew] Poythress. F. A. Poythress Bible.

00 000

Source: People of LaGrange and Troup County, Georgia, Vol. V, Histories of LaGrange and Troup County, Georgia, by Troup County Historical Association.

00 000 1842 Joseph Poythress grantor in deed Troup County in 1842 to Singleton L. Trawick, q. v. Leon S. Hollingsworth name card index file (secondary source).

21 Dec 1842 Estate of Robert Freeman, Inventory and appraisement. Appraisers: Henry Long and Joseph Poythress, Willaim C. Cline; Widow: Elizabeth T. Freeman. Legatees: various grandchildren. Of note is that estate contained

numerous slaves [ valuing which would presumably be at least one reason to have Joseph Poythress as an appraiser]. Warren County Returns, page 170. Estate Records of Troup County, Georgia 1827-1850, Allen and Knight, pub. Troup County Historical Association.

00 000 1850 Troup County, Georgia Census

Poythress, Joseph 62 m planter $18Mrealestate b. Ga. Slaves: 95

Mary 52 f b. Ga.

William B. 30 m b. Ga.

Russell K. 25 m “none” b. Ga.

Sarah E. 22 f b. Ga. [s/b Sarah J.]

Francis A. 15 m student b. Ga.

Dewberry, John 43 m b. Ga.

Combs, William 35 m overseer b. Ga.

Piper, Alexander 26 m overseer b. Ga.

Piper, Ellina 23 f b. Ga.

(Census transcription by “People of…”)

00 000 1852 Joseph Poythress…”deed Troup County, Ga. 1852 for Singleton L. Trawick to Virgil L. Thompson q. v.” Leon S. Hollingsworth name card index file (Secondary source).

21 Mar 1853 Will of Joseph Poythress, APPENDIX “A” following. Troup County, Ga.

Court of the Ordinary, Estate Records, Will Book B, 1848-1888, pg. 63,

GDAH 156/4.

14 Apr 1853 Death of Joseph Poythress in Troup County, estate valued $150M,

Children were:

1. Mary Ann E. Poythress who married Daniel Ware

2. Russell K. Poythress, said to gamble all the time, doesn’t work, but

lives on his income.

3. William B. Poythress

4. Francis Andrew Poythress, “Frank”

5. Sarah Jane Poythress, an idiot since birth, Daniel Ware is her guardian.

From “People of…” quoting Superior Court Records of Troup County,

1854-1856, Nov, 1854, pg. 8 and Nov, 1854, pg. 30. GDAH 155/21.

Precise death date of Joseph Poythress from F. A. Poythress Bible.

00 000 1854 Francis Poythress brings action vs. Henry _____. Jury finds for the

plaintiff in the sum of one thousand and five dollars for his principle with

interest from the 25th of June, 1853 and cost of suit. Signature of judge

illegible. Previous action with respect to this case has not been located.

Superior Court Records of Troup County 1854-1856, GDAH 155/21.

00 Apr 1854 “She (Mary Poythress) was at the home of Lewis & Sarah Zachry in Newton County in April of 1854…..There are indications that Sarah Zachry was a sister of Mary”. “People of..” quoting from Superior

Court Records of Troup County 1854 GDAH 155/21. [MP note: Mary was sister of Sarah Zachry…see 00 000 1827 above, Will of Elizabeth King]

00 May 1854 Russell K. Poythress was partner of Blinn & Poythress, blacksmiths, carriage, and buggy makers, and sales. Troup County Superior Court Records 1854-1856, GDAH 155/21, quoted by “People of….”.

06 Sep 1854 Will of Mary Poythress, APPENDIX “B” following. Troup County, Ga.Court of the Ordinary, Estate Records, Will Book B, 1848-1888, pg. 90, GDAH 156/4.

29 Sep 1854 Death of Mary Poythress. This date, in the F. A. Poythress Bible, is accepted instead of 20 Sep as reported by ” People of….”.

00 Nov 1854 Court docket item # 155, November term 1854.

Mary Poythress cited in two conditions, one as guardian, one as trustee: (as guardian, vs. William Bradfield, James Bradfield, et al (as trustee for Sarah J. Poythress vs. Swanson & Evans “It appearing to the court that Mary Poythress, plaintiff, as the above mentioned in each of the above causes, having died since the commencement of said credit, it is ordered that said plaintiff’s death is suggested of record. Granted: O. Warner, Judge Source: Superior Court Minutes for Troup County 1854-1862, page 193, GDAH 155/20.

22 Feb 1855 Francis A. Poythress m. Caroline A. Ware. F. A. Poythress Bible.

00 May 1856 (Russell K. Poythress) “reported to not get along with his mother, called his brother ‘Frank’ a ‘mother’s boy’”. Troup County Superior Court Records 1854-1856, GDAH 155/21, quoted by “People of….”

00 May 1856 Philo Ware…cited as daughter of Daniel Ware, granddaughter of Mary K. Poythress. Quoted by “People of…” Superior Court Records of 1854-1855, May, 1856. GDAH 155/21.

00 May 1856 Court docket item # 17, Troup County Superior Court, May 1856 term. Mary Poythress, Trustee vs. William Bradfield, principal, James Bradfield, security and James Henning, endorser. Document in contention dated

1854. “It appearing to the court that since the commencement of this cause above and before a trial had thereon, Mary Poythress, plaintiff died and Alexander A. Roberts had been duely appointed guardian of said Francis A. Poythress

as the sucessor of said Mary Poythress by will of said County and it further appearing that since the commencement of suit and before the trial thereon that James Herring, one of the defendants, had died intestate, that Thomas H. Grace and James S. Herring have been duely qualified and appointed as administrator upon the estate of said James Herring dced…[portion of

document unreadable]…appearing that circa facias had according to law served on the said defendants as well as said Thomas H. Grace and James S. Herring requiring them to show cause at the present time of this court if any they have why Alexander A. Roberts, guardian aforesaid should not be made a party and plaintiff in the place of said Mary Poythress dced and said cases proceed. And it further appearing that circa facias have been issued in the above cases according to law and duely served upon the said Thomas H. Grace and the same James S. Herring as administrator requiring them to show

cause at the present term of this court if any they have why they then said cause of one _____. And it further appearing that said parties are present in court and showing no cause but by their counsel consenting and agreeing that said parties be made instant and that said cause proceed thereupon. It is ordered by the court that said Alexander A. Roberts as guardian of

Francis A. Poythress be and he is hereby made party plaintiff in said cause in place of Mary Poythress dced and the said Thomas H. Grace and family of Herring as administrators upon estate of James Herring dced by and they are hereby made parties defendants in the place of James Herring dced and that said cause proceed.

Signed: P. F. Cameron (?), J. S. C. I. C. Source: Superior Court Minutes for Troup County, May term 1856,

GDAH 155/20.

26 May 1856 Docket item # 189, Superior Court term of May, 1856. Mary Poythress, Guardian and Custodian vs. William Bradfield, principal and James Bradfield, security and James Herring, endorser. We the jury find for the plaintiffs in the sum of two thousand dollars for his principle debts with interest and cost of suits. May 26, 1856 David A. Coker, For.

Source: Superior Court Minutes for Troup County, Term of May 1856, page 549, GDAH 155/20.

03 Sep 1856 Mary Lorane Poythress b. “Sept. 3rd, 1856;1856” [sic] F. A Poythress Bible. This individual is undoubtably daughter of Caroline E. Poythress, see 1860 census below.

00 Nov 1857 Court docket item # 223, November term 1857.

William B. Poythress vs. Russell K. Poythress

“It appearing to the court that the defendant has been duely served, it is on motion ordered by the court that said defendant appear and plead, answer, or demur to said bill in demurring above by the first day of the next term of this court and on failure to do so show cause why the bill should not be as certified. Granted: Obidiah Warner, Judge Source: Superior Court Minutes for Troup County for the period 1832 to 1844, November term 1857, pg. 223, GDAH 155/18.

00 Nov 1857 Court docket item # 372, November term 1857.

William B. Poythress vs. Russell K. Poythress, trustee “It appearing to the court that the parties have compromised this case by an agreement that the defendents shall purchase a plantation agreeable to the complaintants with the funds of complaintants and place the negroes of complaintants and suitable farming stock and utensils thereon. And place the complaintants in possession of the same as active ______ trusts. And it appearing that the plantation has been purchased in pursuance to the agreement and the parties therefore agreeing that the bill be dismissed, it is ordered by the court that said bill be accordingly dismissed and court costs to be paid by the complaintants.

Signed: B. H. Hill (s), Solicitor for complaintants and E. G. Hill & Son, solicitor for the plaintiffs.

Source: Superior Court minutes for Troup County, November term, 1857, page 438, GDAH 155/20.

[It appears that William B. Poythress had to sue Russell K. Poythress to enforce the terms of Item 4th in will of Joseph Poythress – MP.]

00 000 1860 Troup County, Georgia Census $rl.est. pers.prop. born slaves

Poythress, C. E. 24 f farmer 17.2M 60M Ga. 57

M. L. 5 f Ga.

Ware, A. C. 30 m medical doctor 7M 8M Ga.

E. 26 m clerk Ga.

Crawford, James 27 m druggist 4M N. C.

Mary 22 f Ala.

Caroline E. Ware [C. E.] Poythress was widow of Francis A. Poythress

Caroline E. Ware Poythress m. 2 John Thomas Gay (6 Jan 1863)

Mary Lorane Poythress m. Major John M. Barnard, (b. LaGrange 9 Mar

1856) on 13 Nov 1873. Source: Histories of LaGrange and Troup County, Georgia, Vols. 1 & 2, Johnson, Forest Clark, Family Tree, LaGrange, Ga. 1987; also, F. A. Poythress Bible.

Poythress, R. K. 37 m 2M 25M Ga. 31

S. A. (s/b L. A.?) 30 f Eng.

C. E. 8 m Ga.

Henry 6 m Ga.

Kate 6 m (?) Ga.

Joseph 1 m Ga.

Russell King Poythress m. L. A. Simpson. Charles E. Poythress b. 27 Sep

1852, d. 9 Oct 1918, m. Martha Elizabeth Evans (b. 6 Apr 1855 d. 24 Sep

1926) on 6 Jan 1881. Charles Poythress was tax collector for LaGrange/

Troup County 1913-18 .

Catherine (Kate?) m. Wesley Thornton 4 Jan 1868. Source: Histories of LaGrange and Troup County, Georgia, Vols. 1 & 2, Johnson, Forest Clark,

Family Tree, LaGrange, Ga. 1987.

Poythress, William 42 m farmer 4M 21M Ga. 17

Broth, W. S. 22 m overseer Ga.

Ware, Daniel 50 m farmer ? Ga. 49

James 16 m Ga.

J. R. 12 m Ga.

F. D. 1 m Ga.

M. E. 38 f Ga.

Philogenia 20 f Ga.

Martha 8 f Ga.

F. C. 4 f Ga.

Poythress, S. J. 34 f Ga. 30*

(* the thirty slaves of Sarah Jane Poythress were held

in trust by Daniel Ware, her brother-in-law. She was

marked “Idiot” on census. Was retarded from birth)

[MP note: M. E. almost certainly Maryann E. Poythress]

[Martha E. Poythress, Hill View Cemetery, LaGrange

1855-1926]

00 Aug 1860 Francis Poythress brought suit vs. John L. Ruier (?). “We the jury find

for the plaintiff one thousand and eighty dollars and 65 cents with cost of

Court. Signed A. T. Ridley, For”. (basis of the suit was the dissolution of

a partnership account under the final statement for the two parties).

Superior Court Records of Troup County, August Term 1860. GDAH

155/21.

00 Oct 1860 Death of Francis Poythress. This is questionable date assignment. F. A.

Poythress Bible states “Francis A. Poythress died Oct. 2nd, 1859 aged 23”.

[MP notes: contradicting the 1859 date of the F. A. Poythress bible are:

1) Francis bringing a suit (entry immediately above)in August, 1860,

2) Georgia Mortality Schedule for year 1860:

Name: Poythress, F.

County: Troup, Ga.

Age: 24

Sex: M

Mo./death: Oct.

Birth Va. (?)

Cause of death: Liquor

Occupation: Merchant ………………on the other hand,

Francis did not appear in the 1860 census of Troup County, normally implying death in a previous year. Given that the bible entries are consistantly neither “tidy” nor contemporaneous, I will elect to accept 1860 as year of death. It is possible for the 1860 census to have been taken subsequent to October 4; it would not be possible for Francis to be

bringing suit in Superior Court if he had died the year before.]

25 Jun 1862 “Lieut. E. S. Ware was killed June 25th, 1862 at the battle near Richmond.F. A. Poythress Bible. “The battle near Richmond” was likely one of the several secondary engagements just prior to The Seven Days’ Campaign

which began 26 June at Mechanicsville. This individual is most likely the younger brother of Caroline E. Ware Poythress. E. S. Ware would have been 28 years old at the time of his death based on 1860 census. See 1860 census above.]

06 Jan 1863 John T. Gay m. Carrie (Caroline) E. Poythress. F. A. Poythress Bible.

25 Sep 1863 Daughter Eugene Ware Gay born to Caroline Ware Poythress Gay and Lieut. John Thomas Gay(1828-1865). Eugene Ware Gay m. William Howell Nix 9 Dec 1880. Source: Troup County Archives, c/o Troup

County Historical Association, MSS 004. additional information at: http://www.lgc.peachnet.edu/archives/ms004.htm

17 Apr 1865 At the ending of the War for Southern Independence, LaGrange had a formation of armed women for the protection of property and children…styling themselves the “Nancy Harts” in honor of a Georgia revolutionary war heroine. Union forces moving into LaGrange from Selma were met by the “Nancy Harts”. While there is little doubt the Harts could have been overcome, these were women with a serious purpose. They had trained regularly for three years. Union commander Colonel Oscar LaGrange (no connection) responded by promising that if the group would disarm, no homes or peaceful citizens would be harmed. Among the leaders of the Nancy Harts was Caroline Poythress. Since she was in reality Caroline Ware Poythress Gay at the time, perhaps the history of this event was related by a reader of the original muster rolls of the “Nancy Harts”. Eleven days later Caroline Ware Poythress Gay’s husband Lieut. J. T. Gay would receive wounds at Petersburg that would be fatal on 28 Apr 1865. Source in part: Smith, History of Troup County, Atlanta, 1933.

28 Apr 1865 “Lieut. J. T. Gay died from wounds received in the battle around Petersburg , was wounded on the 25th of March and died on the 28th of April 1865″ F. A. Poythress Bible. [It is likely that Gay was wounded

in the attack led by Georgia General John B. Gordon on 25 Mar 1865…..out of the Petersburg defense lines and against Fort Stedman on the east side of the Petersburg siege fortifications. MP]

00 000 1880 “John Russell Ware, son of Daniel and Mary Poythress Ware was city marshal of LaGrange from 1881 to 1886. In this 1880 photo, he is shown wearing the LaGrange Light Guards Uniform. His maternal grandfather,

Joseph Poythress, was one of the original trustees of LaGrange Female Institute and was generally considered to be one of the wealthiest men in Troup County. In fact, the expression ‘rich as Mrs. Poythress’ was mentioned in pre-Civil War letters, indicating it was a familiar reference tohis widow.” Treasures of Troup County, Major & Johnson, Published by

Troup County Historical Society, 1993.

APPENDIX “A”

The Last Will and Testament of Joseph Poythress Deceased

[21 March 1853]

State of Georgia ) In the name of God Amen.

Troup County ) I Joseph Poythress of said County and state being of sound and

disposing mind and memory, but calling to mind that it is appointed for all men once to die do make publish and declare my last will and testament in words following to wit

Item 1st To my beloved wife Mary I hereby confirm the land and negroes heretofore given her by deed and agreement. In addition thereto I give to my said Wife the house and lot on which we now live in the town of LaGrange and all the household and Kitchen Furniture of every description and also the negro boy Sandy and also the horses and carriage and James Monk, Peter and James child William and Rachel and her two children and Walt.

Item 2nd I give to my son Frank Andrew the sixty shares I own in the capital stock of the Atlanta and LaGrange Rail Road Company.

Item 3rd The ballance (sic) of my Estate of Every description I wish equally divided between my children share and share alike. In this division that portion heretofore advanced to a portion of children I desire taken into the account so that those to whom I have not made advancements while in life may be ultimately equal; and in order to avoid difficulty on this point I will here specify the advancements made: to my daughter Mary Ann E. Ware, wife of Daniel Ware I now advance and confirm the negroes and land of which she is now in possession by permission being about Eighteen negroes and three hundred and eighty acres of land which heretofore has been a loan and Estimated by me to be of the value of Fourteen thousand dollars and so to be valued in the division. And to my son Russell K. Poythress I have advanced about the sum of Five thousand dollars and at which it is to be valued in the division. The Six thousand dollars Rail Road stock given to my son Frank in the second item of this will is not to be brought into hotchpotch but is a gift extra.

Item 4th That portion of the property falling to my daughter Sarah Jane is to be received and kept [by] my wife Mary in trust for the sole and separate use of the said Sarah Jane. And that portion of property falling to my son William is to be received and managed by his brother Russell K. Poythress as trustee for William.

Item 5th That portion of the property hereby given to my daughter Mary Ann Ware including the land and negroes mentioned in the third item of this will I give to her sole and separate use during her life and after her death to her children in fee.

Item 6th I nominate and appoint my son Russell K. Poythress and my wife Mary Poythress Executor and Executrix of this my last will and testament.

In testimony of all which I have hereunto set my hand and affixed my seal and published and declared this to be my last will and testament, the 21st day of March, 1853.

Signed sealed, published and declared the )

day and year above written in presence of ) Joseph Poythress (seal)

us who attest the same in presence of the testator )

Louis Harris

J. H. H. Colquitt

Jas. Turner

R. A. T. Ridley

Transcribed 17 Feb 1998

Georgia Dept. of Archives & History

Microfilm Drawer 156/ Roll 4

Troup County, Georgia, Court of the Ordinary

Estate Records, Will Book B, 1848-1888, page 63

APPENDIX “B”

Will of Mary Poythress, 6 Sept 1854)

State of Georgia ) In the Name of God ! Amen!

Troup County ) I Mary Poythress of said State and County knowing that is appointed for all mankind to die I being of sound mind and disposing memory to make and

Sconstitute (sic) this my last Will and Testament hereby revokeing [sic]all Wills heretofore by me

made___________________________________________________________________

Item the 1st I Will my soul to God who gave it me and my body to it’s Mother Earth to be by my Executors desently [sic] buried and a suitable Tomb Stone placed over my grave and that of my son John Hardaman.

Item 2nd It is my Will and desire that my two sons William B. and Francis A. Poythress have my house and lot where I now live in the Town of LaGrange together with all of the furniture household and Kitchen for and during their natural lives and should either of said sons die then said House and Lot together with the furniture to remain with the survivor to dispose of the same to whom he may think proper by Will________________________

Item 3rd It is my Will and desire that my son Francis A. shall have all my real estate and that my son William B. shall keep his negroes on the same and have the use thereof or a sufficiency of the same to work his negroes on___________________________________

Item 4th It is my Will and desire that my said son Francis A. have all of my negroes together with their increase also a Girl Lucy claimed by Daniel Ware which I had loaned him heretofore, she is my property and it is my Will that my said son Francis A. shall also have her. It is further my Will should my son Russell K. Poythress or my daughter Sarah Jane Poythress have or meet with any misfortune and become needy it is my Will that my said son Francis A. should make a liberal provision for them out of what I have herein given him ______________________________________________________

Item 5th It is my Will that my said son Francis A. Poythress have all my mules, horses, carriage, buggy and all my stock on the plantation of every kind whatsoever the same may consist also all my cash on hand as well as my notes accounts and all evidences of debt of whatsoever the same may consist_____________________________________________

Item 6th It is my Will and desire that my said son Francis A. Poythress shall have any growing crop of corn, cotton and every thing else also that he shall have the residue of my estate be the same of whatsoever character it may consist, In testimony whereof I have hereunto set my hand and seal and declared this to be my last Will and Testament in the presence of———-

Having forgotten to name my Executors to carry into execution this Will it is my Will & desire that my two friends Samuel Cartright & and Henny Long be and they are hereby

nominated my Executors to Execute this my last Will & testament. It is further my Will &

desire that the property herein before given to my said son Francis A. Poythress be held by him for and during his natural life not to be subject in any manner whatever to be taken from him for the payment of debts nor to be disposed of by him in any manner whatever except by Will, and it is my Will that he have the power over the same to dispose of the same by Will In Testimony whereof I have hereunto set my hand and seal and declared this to be my last Will and Testament this the sixth day of September Eighteen Hundred and fifty four in the presence of

Louis Harris Mary Poythress (seal)

Albert E. Cox

W. A. Pallen

(Note: the extended straight lines following each will “item” are the style of the will writer and are not to imply missing or illegible wording)

Transcribed 17 Feb 1998

Georgia Dept. of Archives & History

Microfilm Drawer 156/ roll 4

Troup County Georgia, Court of the Ordinary

Estate Records, Will Book B, 1848-1888, page 90

Compiler: John Maynard Poythress