R. Bolling Batte regarding Francis Poythress

Neither Batte nor Smith knew of the existence of John Poythress’ 1712 Will.

Family

Francis Poythress was born about 1680, son of John Poythress and Christian Peebles. His son, Francis Poythress, was mentioned in the 1712 Will of John Poythress (c. 1640-1712), of Deep Bottom. At the time of John Poythress’ Will, this grandson, Francis, appears to have been the only grandchild that John Poythress had at his death.

Francis Poythress (c. 1680-1739) was younger than his cousin, Francis Poythress, Sr., son of Major Francis Poythress. On August 15, 1739, Francis Poythress made an oath in the Prince George County court. Between August 15, 1739, and September 22, 1739, this Francis Poythress had died in St. Andrew’s parish, in Brunswick County. His son was Francis Poythress, Jr., and later Francis Poythress, Gentleman. Francis Poythress (c. 1680-1739) was the grandfather of the Francis Poythress that married Mary Peterson.

Francis Poythress appeared a number of times in court with his brother, William Poythress, as executors of their brother-in-law, John Fitzgerald. According to several deeds, Francis lived in the same area as John Fitzgerald and Fitzgerald’s Mill Path. Francis and his brothers, William and Robert, and their first cousin, Thomas Poythress, had land along the Butterwood Creek. Others that owned land in the general vicinity were John Epes, John Woodlief, Capt. Peter Wynne, John Clayton (Cleaton), Capt. John Evans, Nathaniel Malone, Slowman Wynne, William Jones, Peter Jones, Thomas Jones and Robert Munford. Francis Poythress’ son, Francis, bought land adjacent to his father, and at his father’s death, his son took possession of his land. The father was Captain Francis Poythress and the son was known as Francis Poythress, Jr., Gentleman.

Inheritance

December 11, 1712, the Will of Francis’ father, John Poythress, Sr., of Prince George County, was proved by John Winningham, Peter Leeth and William Stainback. John Poythress, Sr., had appointed his half-brothers, Thomas Wynne and Joshua Wynne, and his friend, William Stainback, to divide his estate. He appointed Francis’ mother, Christian, and Francis’ oldest brother, John Poythress, to be executors of his Will. He named his two half-brothers, Thomas Wynne and Joshua Wynne, and friend, William Stainback, to divide his estate. He gave his son, Francis, all of the land and plantation that he lived on, two negroes, Coffer and Sis, and an equal share of his moveable estate. He gave his grandson, Francis Poythress, son of Francis Poythress, the negro child, Shu. The witnesses of the Will were John Winningham, Peter Leeth, Thomas Leeth and William Stainback. [John Poythress’ grandson, Francis Poythress, was born between 1701 and 1712.]

As Witness

March 27, 1712, in Prince George County, Stephen Evans, of Prince George County, to John Evans of Prince George County, grants, and lets to farm, all lands given said Stephen by Will of his father, John Evans, with all houses, etc. The witnesses were Francis Poythress, Francis Poythress, Sr., and John Pool.

November 12, 1723, in Prince George County, John Peterson, of Bristol parish, to John Fitzgerald, of the same parish, all that water grist or corn mill, called Froghole Mill, on Bailey’s Creek, 118 acres and is bounded as by deed dated January 26, 1677, from Francis Whittington to John Peterson, Sr., deceased, which descended to said John Peterson, as heir at law, on part of which land the Mill stands. Another tract of land adjoins and contains 60 acres as in a deed dated October 11, 1703, from Henry Batts to John Peterson, the said tract of land had descended to Henry Batts from his father, Henry Batts, Sr. The other tract of land of 95 acres, was purchased by John Peterson from William Bobbitt, Jr., by deed on May 12, 1703, it being land on which the said Bobbitt then lived, and was granted to William Bobbitt, Sr., father of the said William Bobbitt, Jr., by patent on October 27, 1673, and descended to William Bobbitt, Jr., as heir at law. The witnesses were Henry Wood, Joshua Irby and Francis Poythress. [John Peterson (c. 1667-1732) was married to Mary [Batte?], and they were the grandparents of Mary Peterson who married Francis Poythress (c. 1732-aft. 1807). William Bobbitt, Jr., (1675-1738), was married to Mary Green, the daughter of William Green and Sarah Pritchett.]

Property: Land

December 9, 1712, Francis Poythress, of Westover parish, in Prince George County, to Thomas Poythress, of Westover parish, in Prince George County, all my tract in Westover parish, in Prince George County, known as Odium’s, 100 acres, bounded by John Winningham, said Thomas Poythress, Deep Bottom Run, the dividing line of Francis and John Poythress, with all houses, etc. The witnesses were Edward Goodrich, Richard Hamlin and Peter Wynne. Recorded on December 11, 1712. [Edward Goodrich (1693-1719/20) was married to Margaret Wynne, the daughter of Joshua Wynne and Mary Jones. Richard Hamlin, son of John Hamlin and Elizabeth Taylor, was married to Ann Harnison, daughter of Thomas Harnison. Peter Wynne (c. 1690-1738) was the son of Joshua Wynne.][This deed was made two days prior to John Poythress’ Will (c. 1640-1712) being proved in court by John Winningham. The deed was recorded on the day the Will was proved. This Thomas Poythress could not be the son of John Poythress and Mary [Batte?] because he would have been born too late to have been involved in this transaction. In the 1704 Prince George County Rent Rolls, only one Thomas Poythress was mentioned. There are no records with a Thomas Poythress, Sr., and a Thomas Poythress, Jr., during the next twenty years in Prince George County. The only Thomas Poythress during this period was Captain John Poythress’ (c. 1672-aft. 1726) first cousin, Thomas Poythress.] [This 100 acres was probably part of his grandfather’s (Francis Poythress, 1609-c. 1651) 750 acres.]

March 22, 1721, in Prince George County, Surveyor’s Book, to a survey for Captain Francis Poythress on the upper or west side of Butterwood Swamp and Woodlief’s branch, 387 acres. Robert Bolling was the surveyor. [Robert Bolling (1681-1749), son of Robert Bolling and Anne Stith, was married to Anne Cocke. (refer to 4/20/1689?).] [July 9, 1724, Captain Francis Poythress, of Prince George County, 387 acres of new land, on the upper or west side of Butterwood Swamp, in Prince George County, beginning at the run upon the rock at the Beaver dam, to a corner upon Woodlief’s branch, then down Woodlief’s branch as it meanders to Butterwood Swamp.] [Francis Poythress was the father of Francis Poythress, Gentleman, who recorded this land on September 22, 1739, as part of a 3,887 acre deed, after the death of his father.]

9 Jul 1724 Capt. Francis Poythris (July 9, 1724, Pr. Geo. Co., 387 acres, New Land). George &c To all &c Know ye &c that for diverse good causes and considerations but more especially for and in consideration of the sum of forty shillings of good and lawful money for our use paid to our Receiver General of our Revenues in this our Colony and Dominion of Virginia. We have given granted and confirmed and by these presents for us our heirs and successors do give grant and confirm unto Capt. Francis Poythris of Prince George County one certain tract or parcel of land containing three hundred and eighty seven acres lying and being on the upper or west side of Butterwood Swamp in the county aforesaid and bounded as followeth, to wit, beginning at the run upon the rock at the Beaver dam thence north five degrees west one hundred and sixty poles to a corner between several trees chopped inwards thence east five degrees north two hundred and sixty three poles to a corner upon Woodleif’s branch thence down Woodleif’s branch as it meanders to Butterwood Swamp thence up Butterwood Swamp as it meanders to the beginning with all &c to have hold &c to be held &c yielding & paying &c provided &c In witness &c witness our trusty and well beloved Hugh Drysdale Esq. our Lieutenant Governor at Williamsburgh under the seal of our said Colony the ninth day of July one thousand seven hundred and twenty four in the tenth year of our reign. Hugh Drysdale, [PB 12, p. 68]

December 15, 1736, Francis Poythress, patented 400 acres, in Prince George County, on the north side of Butterwood Swamp including land already held by him. (The father, not Jr.).

Professional Life

April 8, 1739, in Prince George County, the following cases were presented: Francis Poythress exhibited into court an account against Robert Green and made oath that £4, 8 shillings and 2 pence half penny the balance is justly due to him from the said Green without any discounts that he knows of. Ordered that it was certified on the said accounts…Francis Poythress exhibited into court an account against Benjamin Lee and made oath that the 29 shillings, 10 pence the balance justly due to him from the said Lee without any discounts that he knows of. Ordered to be certified on the said accounts…Francis Poythress exhibited into court an account against Thomas Frost and made oath that 27 shillings, 11 pence halfpenny the balance is justly due to him from the said Frost without any discounts that he knows of. Ordered to be certified on the said accounts…Francis Poythress exhibited into court an

account against George Wilson and made oath that 36 shillings, 11 pence the balance is justly due to him from the said Wilson without any discounts that he knows of. Ordered to be certified on the said accounts…Francis Poythress exhibited into court an account against Henry Royalls and made oath that £3, 16 shillings and a penny the balance is justly due to him from the said Royalls without any discounts that he knows of. Ordered to be certified on the said accounts…Francis Poythress exhibited into court an account against George Hamilton and made oath that £7, 12 shillings, 9 pence the balance is justly due to him from the said Hamilton without any discounts that he knows of.

Ordered to be certified on the said accounts…Francis Poythress exhibited into court an account against George Arthur and made oath that £3, 10 pence the balance is justly due to him from the said Arthur without any discounts that he knows of. Ordered to be certified on the said accounts…Francis Poythress exhibited into court an account against Ann Mallory and made oath that 40 shillings, 6 pence the balance is justly due to him from the said Mallory without any discounts that he knows of. Ordered to be certified on the said accounts…Francis Poythress exhibited into court an account against Joseph Perry and made oath that £4, 17 shillings, 8 pence the balance is justly due to him from the said Perry without any discounts that he knows of. Ordered to be certified on the said accounts…Francis Poythress exhibited into court an account against Nicholas Smith and made oath that £3, 7 shillings the balance is justly due to him from the said Smith without any discounts that he knows of. Ordered to be certified on the said accounts…Francis Poythress exhibited into court an account against John Ramsey and made oath that 39 shillings, 3 pence and halfpenny the balance is justly due to him from the said Ramsey without any discounts that he knows of.

Ordered to be certified on the said accounts…Francis Poythress exhibited into court an account against James Williams and made oath that £4, 12 shillings, 8 pence the balance is justly due to him from the said Williams without any discounts that he knows of. Ordered to be certified on the said accounts…Francis Poythress exhibited into court an account against Henry Goodall and made oath that 56 shillings, 5 pence the balance is justly due to him from the said Goodall without any discounts that he knows of. Ordered to be certified on the said accounts…Francis Poythress exhibited into court an account against John Slaughter and made oath that £3, 15 shillings, 8 pence the balance is justly due to him from the said Slaughter without any discounts that he knows of. Ordered to be certified on the said accounts…Francis Poythress exhibited into court an account against Francis Hardeman and made oath that £3, 10 shillings the balance is justly due to him from the said Hardeman without any discounts that he knows of. Ordered to be certified on the said accounts.

Family Estates

July 12, 1715, in Prince George County, on the motion of Thomas Harnison, it was ordered that his Bond for the care and payment of the estates of two of the orphans of Robert Drayton, deceased, be delivered to the care of Francis and Peter Poythress, guardians to the said orphans. [Francis and Peter Poythress may have been guardians of their own young relatives in this instance. Their grandmother, Elizabeth Bishop Peebles, married John Drayton after the death of her first husband, David Peebles, their grandfather.]

November 12, 1723, in Prince George County, John Peterson, of Bristol parish, to John Fitzgerald, of the same parish, all that water grist or corn mill, called Froghole Mill, on Bailey’s Creek, 118 acres and is bounded as by deed dated January 26, 1677, from Francis Whittington to John Peterson, Sr., deceased, which descended to said John Peterson, as heir at law, on part of which land the Mill stands. Another tract of land adjoins and contains 60 acres as in a deed dated October 11, 1703, from Henry Batts to John Peterson, the said tract of land had descended to Henry Batts from his father, Henry Batts, Sr. The other tract of land of 95 acres, was purchased by John Peterson from William Bobbitt, Jr., by deed on May 12, 1703, it being land on which the said Bobbitt then lived, and was granted to William Bobbitt, Sr., father of the said William Bobbitt, Jr., by patent on October 27, 1673, and descended to William Bobbitt, Jr., as heir at law. The witnesses were Henry Wood, Joshua Irby and Francis Poythress. [John Peterson (c. 1667-1732) was married to Mary [Batte?], and they were the grandparents of Mary Peterson who married a Francis Poythress. William Bobbitt, Jr., (1675-1738), was married to Mary Green, the daughter of William Green and Sarah Pritchett. William Bobbitt, Sr. (1649-c. 1793) was married to Joanna Sturdivant, dau. of John Sturdivant & Sarah Hallom. A William Fitzgerald was married to Elizabeth Irby. William Fitzgerald was the son of John Fitzgerald & Elizabeth Poythress.]

The inventory and appraisal of the estate of Charles Hix, taken by Batt Peterson, John Wall, Jr. and Michael Wall, Jr. Errors excepted by George Hicks, administrator. Returned to court on June 6, 1745. [John Wall (1708-), husband of Anne Poythress (1721-), was one of the appraisers as was his brother, Michael Wall. Batte Peterson (c. 1700-1758)

was an uncle of the Mary Peterson who married Francis Poythress.]

November 12, 1736, in Amelia County, in the action upon the case between William and Francis Poythress, executors of John Fitzgerald, deceased, against Charles Clay, etc., last Will and Testament of John Fitzgerald. [Amelia DB 1735-1740, p. 14 (12 Nov 1736) & 21 (11 Mar 1736/7)] (There is no such Will in Amelia County). [John Fitzgerald was married to Elizabeth Poythress, William Poythress’ sister.]

April 11, 1738, in Prince George County, in the case of William Poythress and Francis Poythress, executors of John Fitzgerald, deceased, versus Henry Wilson. After Wilson was given credit for work done for Fitzgerald, he still owed money to the estate. Information was given by William Cryer and Drury Oliver. The audit was examined by J. Munford and Thomas Williams. Plaintiffs were to recover damages.

May 9, 1738, in Prince George County, in a suit by Mathew Cabinis and Hannah, his wife, one of the daughters of Thomas Clay, deceased, against William Poythress and Francis Poythress, executors of John Fitzgerald, deceased, who was administrator of Thomas Clay, deceased., for certain legacies devised to the said Hannah. Audited by William Stark, Gentleman, and found plaintiff was due £12/14/9.

In June, 1738, Prince George County, on the Fieri Facias awarded Robert Poythress on his judgment obtained against William Poythress and Francis Poythress, executors of the last Will and testament of John Fitzgerald, deceased, Miles Thweatt, one of the under-Sheriffs of this court, made the above return which was recorded.

In June, 1738, in Prince George County, on the copies of a satisfaciendum award of William Poythress and Francis Poythress, executors of John Fitzgerald, deceased, on their judgement to obtain against Henry Wilson, William Eppes, Sheriff of this county, made the following return. William Eppes, Sheriff, witness recorded.

In June, 1738, William Cryer, witness for William Poythress and Francis Poythress, executors of John Fitzgerald, in their suit versus Henry Wilson, to be paid.

July 11, 1738, in Prince George County, in the case of Francis Epes versus William and Francis Poythress, executors of John Fitzgerald, deceased, for debt, the court found for the plaintiff.

July 11, 1738, in Prince George County, William Cryer, witness for William Poythress and Francis Poythress, executors of John Fitzgerald, in their suit versus Henry Wilson, to be paid.

October 10, 1738, in Prince George County, in the action on the cases brought by William Poythress and Francis Poythress, executors of the last Will and testament of John Fitzgerald, deceased, against William Floriday for £6, 9 shillings, 7 pence current money due by accounts the defendant came into court and being ruled to Special Bails, and failing, on the motion of the plaintiff’s attorney it was ordered that the defendant be taken into custody of the Sheriff and safely kept until he shall give such bail.

October 10, 1738, in Prince George County, in the action on the cause brought by William Poythress and Francis Poythress, executors of the last Will and testament of John Fitzgerald, defendants against John Brewer for £6, seven shillings, and eight pence, half penny current money due by accounts and the defendants being arrested and called and not appearing and Peter Daniel being returned Security for him, on the motion of the plaintiff’s attorney it was considered by the court that the plaintiffs recover against the defendant and his said Security the same aforesaid of so much thereof as it shall appear to be due unless the defendant shall appear at the next court and answer the said action.

In November, 1738, in Prince George County, in the action on the cause brought by William Poythress and Francis Poythress, executors of the last Will and testament of John Fitzgerald, defendants against John Brewer for £6, seven shillings, and eight pence, half penny current money due by accounts and the defendants being arrested and called and not appearing and Peter Daniel being returned Security for him, on the motion of the plaintiff’s attorney it was

considered by the court that the plaintiffs recover against the defendant and his said Security the same aforesaid of so much thereof as it shall appear to be due unless the defendant shall appear at the next court and answer the said action.

In November, 1738, in Prince George County, in the action on the cases brought by William Poythress and Francis Poythress, executors of the last Will and testament of John Fitzgerald, deceased, against William Floriday for £6, 9 shillings, 7 pence Current Money due by accounts the defendant came into Court and being ruled to Special Bails, and failing, on the motion of the plaintiff’s attorney it was ordered that the defendant be taken into custody of the Sheriff and safely kept until he shall give such bail.

November 14, 1738, in Prince George County, in the suit of William Poythress and Francis Poythress, executors of John Fitzgerald, deceased, found for the plaintiff against William Floriday.

February 11, 1739, in Prince George County, in the suit by a petition brought by William Poythress and Francis Poythress, executors of the last Will and Testament of John Fitzgerald, deceased, against John Hill for £3, 5 shillings, ten pence, half penny current money due by accounts to which Francis Poythress one of the plaintiffs made oath. The defendant being summoned, called and not appearing on the plaintiff’s motion it was considered by the court that they recover against the defendant with costs Als: Ecxo.

March 13, 1739, in Prince George County, in the action on the case brought by William Poythress and Francis Poythress, executors of the last Will and Testament of John Fitzgerald, deceased, against Honour Whitten, administratrix of the goods and chattel of Richard Whitten, the deceased, for 31 shillings 3 pence current money due by accounts to which Francis Poythress one of the plaintiffs made oath, the defendant being summoned and called and it appearing to the court that she had fully administered the estate of Richard, on the motion of the said Francis it was ordered that the defendant pay to the aforesaid plaintiffs the aforesaid sum out of the said defendant’s estates when such thereof shall come to hand.

May 18, 1739, in Amelia County, deed of John Harris and Susanna, his wife. (There were several suits brought by William and Francis Poythress, executors of John Fitzgerald. The Will was not recorded in Amelia County).

July 10, 1739, in Prince George County, in the action on the case brought by William Poythress and Francis Poythress, executors of John Fitzgerald, deceased, against Littlebury Eppes, the plaintiff failing to prosecute, the case was dismissed.

August 15, 1739, in Prince George County, in the suit of William and Francis Poythress, executors of John Fitzgerald, deceased, versus Hannah Stroud, executrix of John Stroud, deceased, dismissed. August 15, 1739, in Prince George County, in the suit of William and Francis Poythress versus William Stoa, dismissed. On August 15, 1739, in the suit by petition brought by William Poythress and Francis Poythress, executors of the last Will and testament of John Fitzgerald, deceased, against Daniel Meadows for 25 shillings and a half penny current money due by accounts to which Francis Poythress one of the plaintiffs makes oath the defendant being summoned and called and not appearing on the plaintiff’s motion it was considered by this court that they recover against the defendant the aforesaid sum and costs Als: Exeo. August 15, 1739, in Prince George County, in the suit by petition brought by William Poythress and Francis Poythress, executors of the last Will and testament of John Fitzgerald, versus Martha Alexander and Robert Munford, executrix and executor of the last Will and testament of John Alexander, deceased. Amount to be recovered £3, 15 shillings, half pence.

June 5, 1740, in Brunswick County, it was ordered that the petition of William and Francis Poythress, executors &c of John Fitzgerald, deceased, against Seth Petty Poole be continued until the next court. Gentlemen judges: John Wall, Richard Burch, Nicholas Lanier, William Hagood. Sheriff: William Martingood.

June 6, 1740, in Brunswick County, William and Francis Poythress, executors, &c., of John Fitzgerald, plaintiffs, against William Gent, defendant, continued until the next court.

September 4, 1740, in Brunswick County, William and Francis Poythress, executors, &c., of John Fitzgerald, deceased, petitioners, against Seth Petty Poole, defendant, upon a petition for debt. This day came the parties by their attorneys and the said defendant defends the force and injury and prays judgement of the petitioners wait because he saith that the aforesaid Francis Poythress one of the petitioners in the said writ named after the original writ aforesaid was sued out and before this day to wit on the —– day of —————————- in the year MDCCXXXIX died at the parish of Saint

Andrew in the county of Brunswick aforesaid and this he was ready to verify wherefore he prays the judgement of this worshipful court of the said writ and that the said writ may be quashed and so forth and on the motion of the petitioners time is given them until the next court to consider the said plea. [Francis Poythress appears to have died after his August 15, 1739, court appearance. September 4, 1740, the court record verified that Francis died in 1739.]

September 4, 1740, in Brunswick County, upon the petition of William and Francis Poythress, executors, &c., of John Fitzgerald, deceased., against Samuel S– for fo- pounds six shillings and four pence——————————————————————————– be due by bill:

discontinued; being agreed by the parties. And, on the same date, William and Francis Poythress, executors &c of John Fitzgerald, plaintiffs, against William Gent, defendant, continued until the next court.

September 5, 1740, in Brunswick County, William and Francis Poythress, executors, &c., of John Fitzgerald, plaintiffs, against Phillip Gorgette, defendant, continued until the next court.

September 5, 1740, in Brunswick County, William and Francis Poythress, executors, &c., of John Fitzgerald, plaintiffs, against Moses Dunkley, defendant, continued until the next court.

October 2, 1740, in Brunswick County, it was ordered that the petition of William and Francis Poythress, executors, &c., of John Fitzgerald, deceased, petitioners, against Seth Petty Poole, defendant, upon a petition for debt. On the motion of the petitioners by their attorney further time was given them until the next court to consider the said defendant’s plea.

October 2, 1740, in Brunswick County, William and Francis Poythress, executors, &c., of John Fitzgerald, plaintiffs, against William Gent, defendant, continued until the next court.

October 2, 1740, in Brunswick County, Francis Poythress, executor of John Fitzgerald, account current of the estate of Joseph Turner, deceased. Debits mentioned include payments to: the executors of William Kinchin, Francis Ealidge, Peter Fairfax, Charles Travers, Francis Poythress executor of John Fitzgerald, etc. Signed by John Wall and Michael Wall.

October 3, 1740, in the Brunswick County court, William and Francis Poythress, executors &c of John Fitzgerald, plaintiffs, against Moses Dunkley, defendant, continued until the next court.

November 6, 1740, in the Brunswick County court, it was ordered that the petition of William and Francis Poythress, executors &c of John Fitzgerald, deceased, petitioners, against Seth Petty Poole, defendant, upon a petition for debt. This day came the parties by their attorneys and the petitioners demur generally to the defendant’s plea in abatement and on the motion of the defendant. time was given him until the next court to consider the said demurrer. On November 6, 1740, in Brunswick County, William and Francis Poythress, executors, &c., of John Fitzgerald, plaintiffs, against William Gent, defendant, continued until the next court.

April 2, 1741, in Brunswick County, William and Francis Poythress, executors, &c., of John Fitzgerald, deceased, plaintiffs, against Philip Gorgette, defendant, in debt. This day came the parties by their attorneys and the said defendant defends the force and injury and prays judgement of the petitioners wait because he saith that the aforesaid Francis Poythress one of the petitioners in the said writ named after the original writ aforesaid was sued out and before this day to wit on the —– day of———————————————————– in the year 1739 died at the parish of Saint Andrew in the county of

Brunswick aforesaid and this he is ready to verefie wherefore he prays the judgement of this worshipful court of the said writ and that the said writ may be quashed and so forth and on the motion of the plaintiffs by their attorney time

is given them until the next court to reply to the said plea. On the same date, William and Francis Poythress, executors, &c., of John Fitzgerald, plaintiffs, against Moses Dunkley, defendant, in debt. The same plea and order verbatim as next before.

May 7, 1741, in Brunswick County, upon the petition of William and Francis Poythress, executors, &c., of John Fitzgerald, deceased, against Seth Petty Poole for debt continued until the next court. On May 7, 1741, in Brunswick County, William and Francis Poythress, executors, &c., of John Fitzgerald, plaintiffs, against Phillip Gorgette, defendant, continued until the next court. On May 7, 1741, in Brunswick County, William and Francis Poythress, executors, &c., of John Fitzgerald, plaintiffs, against Moses Dunkley, defendant, continued until the next court.

December 3, 1741, in Brunswick County, William and Francis Poythress, executors, &c., plaintiffs, against Seth Petty Poole, defendant, upon petition in debt. This day came the parties by their attorneys and thereupon the petitioners demurrer to the defendants plea in abatement being argued because it seems to the Court here that the said plea and the matter therein contained are not sufficient in lan to quash the writ of the petitioner therefore it was considered that the defendant to the said writ do further answer whereupon the said defendant by his attorney for plea saith that he doth not owe to the petitioners as executors of the said John the money in the petition mentioned or any penny thereof and this he prays may be enquired of by the court and on the motion of the petitioners by their attorney time was given them until the next court to consider the said plea.

December 3, 1741, in Brunswick County, William and Francis Poythress, executors, &c., plaintiffs, against Moses Dunkley, defendant, in debt. This day came the parties by their attorneys and the petitioners demurrer to the defts. plea in abatement being argued because it seems to the Court here that the said plea and the matter therein contained are not sufficient in lan to quash the petitioner’s writ therefore it was considered that the defendant to the same writ as further answer and thereupon the said defendant prays and has leave to imparte here until the next court.

December 3, 1741, in Brunswick County, William and Francis Poythress, executors, &c., plaintiffs, against Philip Gorgette, defendant, in debt. This day came the parties by their attorneys and the petitioners demurrer to the defendants plea in abatement being argued because it seems to the court here that the said plea and the matter therein contained are not sufficient in lan to quash the petitioner’s writ therefore it was considered that the defendant to the same writ do further answer and thereupon the said defendant prays and has leave to imparte here until the next court.

February 4, 1742, in Brunswick County, in the petition of William and Francis Poythress, executors, &c., John Fitzgerald, deceased, against Seth Petty Poole was continued until the next court at the plaintiff’s costs.

February 4, 1742, in Brunswick County, William and Francis Poythress, executors, &c., of John Fitzgerald, deceased, plaintiffs, against Moses Dunkley, defendant, in debt, was continued until the next court.

February 4, 1742, in Brunswick County, William and Francis Poythress, executors, &c., of John Fitzgerald, deceased, plaintiffs, against Phillip Gorgette, defendant, in debt.

June 4, 1742, in Brunswick County, upon the petition of William and Francis Poythress, executors, &c., of John Fitzgerald, deceased, against Seth Petty Poole for two pounds, thirteen shillings and seven pence current money said to be due by Bill this day came the parties by their attorneys and it appearing from the testimony of diverse witnesses that the defendant does not owe the plaintiffs the money in the petition mentioned and in pleading he has alleged therefore it was ordered by the court that the petitioners take nothing by their petition out for their false clamor be in money, &c., and that the defendant go hence without delay and recover against the plaintiffs his costs by him about his defense in his behalf expended. On the motion of Francis Bresin, witness, for of Seth Petty Poole, at the suit of William and Francis Poythress, executors, &c, of John Fitzgerald, deceased, it was ordered that the said Seth pay him two hundred and eighty pounds of tobacco for four days attendance for coming and returning 30 miles according to law. On the motion of Thomas Mayo, witness, for Seth Petty Poole, at the suit of William and Francis Poythress, executors, &c., of John Fitzgerald, deceased, it was ordered that the said Seth pay him one hundred pounds of

tobacco for four days attendance according to law. [John Fitzgerald (-1736) was the husband of Elizabeth Poythress, daughter of John Poythress and Christian Peebles.]

Highlights:

Francis Poythress (c. 1680-1739), son of John Poythress, of Deep Bottom, 3^rd Gen.

• born abt. 1680
• children: Francis, born before John Poythress’ (c. 1640-1712) death
• sold 100 acres “Odiums” to Thos. Poythress, adj. Deep Bottom Run, John Winningham, Thos. Poythress, the dividing line btwn. Francis & John Poythress, with all houses, etc., Westover parish, Pr. Geo. Co., 1712
• he & Francis Poythress, Sr., witnessed lease btwn. Stephen Evans & John Evans, Pr. Geo. Co., 1712
• inherited from his father, John Poythress (c. 1640-1712): all the land & plantation his father lived on, 1712
• he & bro. Peter, guardians of two orphans of Robt. Drayton, Pr. Geo. Co., 1715
• (Capt.) 387 acres on upper or west side of Butterwood sw. at the run upon the rock at Beaver dam upon Woodlief’s br. to Butterwood sw., Pr. Geo. Co., 1721
• John Peterson to John Fitzgerald corn mill called Forghole Mill on Bailey’s cr., Pr. Geo. Co., 1723
• he & bro. Wm. executors of John Fitzgerald, their sister, Elizabeth’s husband, Amelia Co., 1736 & Pr. Geo. Co., 1738 (Wm. Cryer witness for Poythresses)
• 400 acres on n/s Butterwood sw. incl. land already held by him, Pr. Geo. Co., 1736
• deceased btwn. August 15, 1739 & September 22, 1739 First document: 1712 (age ~32)

inherited all of the land & plantation his father lived on; sold 100 ac. “Odiums” adj. Deep Bottom Run, John Winningham, Thos. Poythress, dividing line btwn. Francis & John Poythress w/ all houses = + (?) – 100 ac.

Bought 387 ac. Butterwood sw. Beaver dam Woodlief’s br., Pr. Geo. Co., 400 ac. Butterwood sw. incl. land already held Pr. Geo. Co.

Slaves: inherited (2) Coffer & Sis; his son, Francis, inherited (1) Shu. Neighbors: John Winningham, Thos. Poythress, John Poythress, John Woodlief

Prince George Co.

—- William Stainback 2 Oct 1708 [ ] 100a PGCo/N side running water of Deep Bottom adj Mr Poythress, cousin John Woodlief to Deep Bottom running water, Mr Bland [fm John Woodlief; John Woodliffe was md. to Mary Poythress, dau of John Poythress & Christian Peebles] [The father of Mr Poythress, Capt Francis Poythress (1609-1651), was gr. 400a in 1637 adj Capt John Woodlief on E side of Poythress’ property. The Mr. Poythress has been presumed to be John Poythress (1640-1712) but could have been nephew Francis Poythress (1677- 1754?).]

—- Francis Poythress 11 Dec 1712 [Will of John Poythress, of Deep Bottom, 1712] poss 375a PGCo/all the land & plantation that his father, John Poythress, of Deep Bottom, lived on

—- Thomas Poythress 9 Dec 1712 [ ] 100a called Odium’s PGCo/Westover par. adj John Winningham, Thos Poythress, Deep Bottom Run, dividing line of Francis & John Poythress, with all houses, etc. [This 100a was prob part of his grandfather’s 750 acres (Francis Poythress (1609-c. 1651).]

—- Francis Poythress 15 Dec 1736 [ ] 400a PGCo/N side Butterwood sw incl. land already held by him

Dinwiddie Co.

425 John Fitzgerrald of Pr Geo 22 Jun 1722 [VPB 11 p115] 182 ac. Pr. Geo./ S side of White Oak Swamp 721 John Fitzgerrald of Pr Geo 22 Jun 1722 [VPB 11 p216] [?400 ac. Pr. Geo./S Side of White oak Swamp 130 John Woodleif Sr. of Pr Geo 9 Jul 1724 [VPB 12 p68] 212 ac. Pr. Geo./upper side Butterwood Swamp

129 Capt. Francis Poythris of Pr Geo 9 Jul 1724 [PB 12 p68] 387a NL PGCo/upper or W Side of Butterwood Sw upon rock at Beaver dam upon Woodlief’s br

128 William Poythris of Pr Geo 9 Jul 1724 [VPB 12 p68] 206 ac. Pr. Geo./both Sides of Ready Br. of Butterwood