Biographic Compilation by Mike Tutor, circa 2019

“Jack” John Poythress (1800 – 1818), son of Lewis Poythress (1765-1847) & “Patsy” Giles (1773-1802), 6th generation. 

Jack and his brother, Edward, were sons of Lewis and “Patsy” Poythress. Both “Jack” and Edward were mentioned in their grandfather’s [Edward Giles, (-1818)] will. “Jack” died unmarried.

Family estates

Mecklenburg County, Virginia, 10 Mar 1818, Will of Edward Giles. In the name of God Amen, I Edward Giles of Mecklenburg County and State of Virginia doth make this my last will and testament. It is my will and desire that all my just debts and funeral expenses be paid from the Sale of my Crop of Tobacco Bacon and Corn remaining on hand and after those debts are paid it is my will and desire that all my remaining property both real and personal be sold on twelve months credit and from the monies arising from such Sale or Sales to be distributed as follows ––

Item first I give and bequeath to my Grand Daughter Milly Nance two Hundred dollars to her and her heirs –– Item second, I give and bequeath to my Grandson Edward Poythress twenty five dollars to him and his heirs –– Item third, I give and bequeath to my Grandson John Poythress one hundred dollars to him and his heirs ––

Item fourth, I give and bequeath to my Grand Daughter Martha Giles Daughter of my Daughter Betsy P. Giles two hundred dollars to her and her heirs ––

Item fifth, and last after all my just Debts funeral expenses and the above legacies are first paid it is my will and desire that the remainder of my estate be equally divided amongst my four Living Children Jean P. Basey, John Giles, Edward Giles, and William Giles to each of them and their heirs, given under my hand this 10th day of March, 1818.

I appoint Edward Giles, Jr. and John Bassey exors to this my last Will and Testament –– Signed and sealed Edward

(x) Giles (Seal). In presense of Bushrod Webb, John Cook Sen., Henry (x) Wartman.

At a court held for Mecklenburg County the 16th day of March 1818. This Last Will and Testament of Edward Giles dec’d was presented into Court and proved by the Oaths of the Witnesses thereto, and Ordered to be recorded, and on the motion of Edward Giles Jr. one of the executors therein named who made oath thusly and together with John Cook, Henry Wartman and Bushrod Webb his securities in turn into and acknowledge their bond in the penalty of Twenty five thousand dollars conditions as the law. [Edward and John Poythress were children of Lewis Poythress (1765-1847.]

Will of Jack Potress, Mecklenburg County, Virginia, 17 August 1818. In the name of God, Amen, I Jack Potress of Mecklenburg County, being in sound mind and memory, do make any ordain this my last will and testament, hereby I devise what my grandfather Giles left to me, I wish it to be paid to my father and his heirs Edward Giles, James

  , and his heirs. Jack (x) Potress.

At a court held for Mecklenburg County the 17th day of August 1818, this will was proved by the oath of James S. Nance, one of the two witnesses thereto and is ordered to be recorded. (Addendum):     another court held in the

   county the 18th day of    1818 the same was further proved by one other witness thereto subscribed at Mecklenburg County in motion of Lewis Poythress and           appearing to the court     is with his will.      .

Court cases

Lewis Poythress vs. Edward Giles, Admr. etc. Lewis Poythress claimed to be the heir of John (Jack) Poythress who was one of the two grandchildren named as heirs by Edward Giles (Will recorded 16 Mar 1818) and bequeathed

$100 thereby. It was Lewis’ claim that by Will of John on 17 Aug 1818, John/Jack devised to his own father (Lewis) that which he had been devised by his grandfather.

Lewis Poythress pleads that “frequent applications have been made to the Exor aforesaid by both the said John Poythress during his lifetime and by your orator since his death for the payment of the Legacy aforesaid which he (Giles) has always refused.

Lewis further pleads that other legatees of the said Edward Giles are Milly Nance, Edw Poythress, Martha Giles an infant, Jean B. Bassey wife of Jesse Bassey, John Giles, Edward Giles and William Giles be levied upon. Lewis’ pleading is that the above be made “defts hereto” and that Edward Giles be compelled to render an account of his actings and dealings as Exer. The summary pleading is that “your worships will decree that he (William Giles) shall pay to your orator the said Legacy of one hundred dollars and its interest. To which end it may please your worships to award a writ of subpoena &c.” Poythress vs. Giles &c. Bill and exhibits. 1820 Augt Bill filed. No farther step

taken. Sept Court at rules. Octr plesd. (Mecklenburg Records, Virginia Chancery Records # 1820-012, 1820).

Lewis Poythress vs Edward Giles Adm. etc 1820-012

Lewis Poythress adm. of John Poythress Exr. apt. Edward Giles administrator of Edward Giles deed. Examine will of Edward Giles Sr. and of John Poythress and bring a will in chancery for a decree left by Edward Giles Sr. to John Poythress and which was willed by J. P. to Lewis Poythress.

The commonwealth of Virginia to the Sheriff of Mecklenburg County, Greetings. You are hereby commanded to summon Edward Giles, administrator of Edward Giles deceased & Milly Nance, Edward Poythress, Martha Giles, Jane B. Bassey, John Giles, William Giles legator of deed, Edward Giles, said. to appear before the justices of our county court of Mecklenburg at the courthouse of the said county on the first day of August       . Court next to answer a bill in chancery against them by Lewis Poythress, adm. of John Poythress deceased, and then they in no wise shall miss under the penalty of $100.

And then have there this writ witness Edward S. Tabb, clerk of our said court the 27th day of June 1820 in the    year of the commonwealth. Edward S. Tabb.

28 of July 1820 Executed on Martha Giles. And on the 31st of July 1820 Executed on Edward Giles and Milly Nance, Edward Poythress and Jane B. Basey and William Giles and John Giles. No inhabitants of this county. Jones Daly, Deputy of Lewis Parham Sheriff.

Poythress Vs. Giles. 1820 August Bill filed, no further step take notice. Sept court at ruler. October rules.

To the worshipful court of Mecklenburg County in chancery setting humbly complaining sheweth to your worship, your orator Lewis Poythress, that some time past a certain Edward Giles departed this life having first published his will which is of record in the county court office of Mecklenburg, and is here referred to, wherein he bequeathed to John Poythress a legacy of one hundred dollars. That some time after the death of Edward Giles, the said John Poythress died having first published his will wherein he bequeathed the said legacy to your orator, -which is also of record and is here referred to as a part of this bill.-

That a certain Edward Giles Jr. qualified as Exr. on the estate of Edward Giles the testator. That frequent applications have been made to the said aforesaid both by the said John Poythress during his lifetime and by your orator since his death for a payment of the legacy aforesaid which he has always refused. That the other herein entitled as legators of the said Edward Giles deed are Milly Nance, Edward Poythress, Martha Giles an infant, Jean

B. Basey wife of Jesse Bassey, John Giles, Edward Giles and William Giles. Your orator who has also qualified as administrator on the Estate of John Poythress pray that the said Edward Giles Exr. as aforesaid and the said Milly Nance, Edward Poythress, Martha Giles, by a guardian to be appointed her, Jesse Bassey and Jean B. Basey his wife, John Giles, the said Edward Giles in his own right and William Giles may be made defendants hereto. That the said Edward Giles Exr is aforesaid may be compelled to render an account paid, _? and dealings as Executor and trust for the what estate there is in his hands, belonging to the testator first mentioned. And finally that your worship will decree that he should pay your orator the said legacy of one hundred dollars with its interest to which end may it please your worship to award a writ of subpena.

Poythress vs. Giles and Co.: Papers for suit in chancery. subp to August Court. Inquire of Lewis Poythress which of Edward Giles, Giles legators are married, and who are their husbands. Also as to the infant and is subpena in chancery. Milly Nance of Virginia and single. Edward Poythress of Virginia. Martha Giles infant, by John Nance guardian.

Jean B. Bassey wife of Jesse Bassey. John Giles North Carolina. Edward Giles. William Giles Tennessee.

Will of Jack Poythress: In the name of God Amen. I Jack Poythress of Mecklenburg County being in sound mind and memory do make and ordain this my last will and testament hearby. I desire what my grandfather Giles left to me. I wish it to be paid to my father his heir Lewis Poythress. J ack (x) Poythress L. S.

Edward Giles, James L. Nance, Milly Nance.

The court held for Mecklenburg County the 17th day of Aug 1818. This will was hereby the oath of James L. Nance one of the witness is thereto & was ordered to be recorded at another court held for said County, the 18th day of Jan 1819. The same was further proved by the oath of Edward Giles another Witness thereto and in mention of Lewis Poythress who made oath recorded gave bill and a security according to law. Certificate was granted him for obtaining letters for administration of the estate of the said Jack Poythress with the will aforesaid   ?   in deed form. (?) Teste Edmund L. Tabbs (?). Meckl. teste (?) BB Easley D. O.

In a court held for Mecklenburg County the 16th day of March 1818, The within written last will and Testament of Edward Giles deceased was exhibited in court and proved by the oath of three witnesses thereto subscribed and

ordered to be recorded. And in mention of Edward Giles Jr., one of the Exrs therein named who made oath and gave bond and security according to law- certificate is granted him for obtaining probate of the said will in due form- Reserving (?) liberty to the other Exr. to be in the probate where he shall think fit. Teste Edward L Tabb. Clerk Teste Wm. R. Easleys.

Will of Edward Giles: In the name of Almighty God, Amen. I Edward Giles of Mecklenburg County said state of Virginia doth make this my last will and testament . It is my will and desire that all my just debts and funeral expenses be first paid from the sale of my estates crop of tobacco Bacon & corn remaining in hand and after these debts are paid It is my will and desire that all my remaining property both real and personal be sold on twelve month circuit and from the moneys earning from such sale or sales to be distributed as follows.

Item first I give and bequeath unto my grand daughter Milly Nance two hundred dollars to her and her heirs Item second. I give and bequeath to my grandson Edward Poythress twenty five dollars to him and to his heirs. Item 3rd. I give & bequeath to my grandson John Poythress one hundred dollars to him and to his heirs.

Item 4th. I give & bequeath to my grand daughter Martha Giles, daughter of my daughter Betsey P. Giles two hundred dollars to her and to her heirs.

Item 5th and last. After all my just debts and funeral expenses and the above sequences are first paid it is my will and desire that the remainder of my estate be equally divided amongst my four living children Jean P. Bassey, John Giles, Edward Giles, and William Giles to each of them and their heirs. Given under my hand this 10th day of March 1818. I appoint Edward Giles Jr and John Bassey Exrs. to this my last will and testament. Edward x Giles L. S.

Signed and Sealed in presence of: Bushrod Webb, John Cook Sr., Henry (x) Wartman.