Biographic Compilation by Mike Tutor, circa 2019
Captain John Poythress, Sr. (c. 1672-aft. 1726), Sr., of Prince George County, 3rd Generation
R. Bolling Batte regarding John Poythress
[26 John Poythress m. Mary Batte, daughter of Henry and Mary (Lound) Batte. To avoid confusion with his first cousin John Poythress 43 (whose wife was also named Mary), this John was usually designated as “Sen.” or “Sr.” while cousin John was designated as “Jun.” or “Jr.” In 1720, John Poythress, Sr., and Mary, his wife, together with four other couples, the five wives all being daughters of Henry Batte, deceased., join in deed of partition whereby they divide 1200 acres in Prince George left by the will of Henry Batte to his daughters. John Poythress, Sr., was a captain in the militia and he represented Pr. Geo. in the House of Burgesses in 1723 and 1726. In 1727, as Capt. John Poythress he was granted 225 acres on the south side of the Meherrin, which land later fell into Brunswick County. The identical land was sold in 1773 by one Thomas Poythress who may have been a son or grandson of John, Sr.][10. John Poythress (John Poythress2, Mary ______1) was born ABT 1664 in VA [(P_1) BF], and died AFT 1726. He married Mary Batte 1689, daughter of Henry Batte and Mary Lound. She was born 1670 in VA [BATTE 142] [(P_1) BF (W)], and died 1760. Child of John Poythress and Mary Batte is:+ 36 i. Thomas Poythress was born AFT 1689 in VA [(P_1) BFA] Martin Brandon Parish, Prince George County, and died in VA [Batte 142 A].]
At Mary’s death in 1760, no daughter or son was mentioned. During her lifetime, there was no mention of a second Thomas Poythress in the records; i.e. no Senior, no Junior. The only Thomas Poythress during this period was Captain John Poythress’ (c. 1672-aft. 1726) first cousin, Thomas Poythress, son of Major Francis Poythress. Many of this third generation lived or held lands in Martin’s Brandon. Thomas Poythress (1683-1749) was deceased when his son, Thomas Poythress (1729-1800), was mentioned in 1759 in a court case involving the Dower of Mary Binford, the widow of Joseph Peoples. Thomas Poythress (1683-1749) was also mentioned as a brother to John Poythress (1681-1724), Jr., in John’s 1724 will. John Poythress’ Jr., patented 200 acres on the south side of the Meherrin River that his son, John Poythress (1705-1760), re-patented in 1737. John died in 1760. His first cousin, Thomas Poythress (1729-1800), sold the 200 acres to John Dawson in 1773. This same Thomas Poythress was listed as either Thomas Poythress or Thomas Poythress, Sr., in a court case in 1782 wherein his son, Thomas Poythress, Jr., was mentioned. In Joshua Poythress’ 1740 will, he stated, “The executors to be my brother, Robert Poythress, and my cousin, Thomas Poythress.” As to age, if Batte was right, John Poythress, Sr., would have been in his 60s when Thomas Poythress (1729-1800) was born. In my estimate of John Poythress, Sr.’s birth year, he would have been approaching 60 and Mary would have been approaching 60 as well when Thomas was born.
Family
John Poythress was born about 1672, in Charles City County, the son of John Poythress and Christian Peebles. He married Mary Batte (c. 1676-bef. 3/8/1760), the daughter of Henry Batte and Mary Lound. He was appointed member of the Commission to investigate the Virginia-North Carolina line in 1707. He was executor with his mother, Christian, of his father’s 1712 Will. He was a Captain in the militia, a court justice of Prince George County and a member of the House of Burgesses. His wife, Mary Batte Poythress, received an inheritance of 240 acres from her father, Henry Batte. Captain John Poythress, Sr., died after May 27, 1726. John Hardyman was Commissioned to investigate the state line and was a court justice with John Poythress.
Inheritance
December 11, 1712, the Will of John’s father, John Poythress, Sr., of Prince George County, was proved by John Winningham, Peter Leeth and William Stainback. John Poythress, Sr., appointed his half-brothers, Thomas Wynne and Joshua Wynne, and his friend, William Stainback, to divide his estate. He appointed his wife, Christian, and his son, John Poythress, to be executors of his Will. He gave his son, John, two negroes, Bess and Nanny, and their increase, and an equal share of his moveable estate. Sons, John and Peter, were to give an account of what they had in hand. The witnesses of the Will were John Winningham, Peter Leeth, Thomas Leeth and William Stainback.December 9, 1712, Francis Poythress, of Westover parish, in Prince George County, deeded to Thomas Poythress, of the same, for £20, all of my tract in Westover parish, known as “Odiums,” 100 acres, bounded by John Winningham, the said Thomas Poythress, Deep Bottom Run, being the dividing line of Francis and John Poythress, with all houses, etc. The witnesses were Edward Goodrich, Richard Hamlin and Peter Wynne. Recorded December 11, 1712. [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, son of Major Francis Poythress.] In June, 1717, in Prince George County, in the suit in Chancery brought by Charles Anderson against John Poythress and Henry Offley, neither party appearing, the case was dismissed. However, in another entry, Charles Anderson, having filed a Bill in Chancery against John Poythress, executor of John Poythress, deceased, and Henry Offley, late of London, Merchant, it was ordered that a summons be issued against the said John Poythress and Henry Offley to appear at the next court and answer the said charges. Under the date of July 9, 1717, in Prince George County, was an identical entry to the text above, regarding Charles Anderson. (It is speculated that the court took action in July identical to that taken in June, and the clerk, seeing no point in re-composing the entries, simply duplicated them).
August 13, 1717, in Prince George County, the suit in Chancery brought by Charles Anderson against Henry Offley, late of London, Merchant and John Poythress, surviving executor of the last Will and testament of John Poythress, deceased. Thomas Simmons, sub-Sheriff, took oath to the service of the Writ and charged Poythress and he failing to appear, an attachment was granted the complainant against the body of the said Poythress returnable to the next court and it was ordered that the said summons was also against the said Offley returnable to the next court.
September 10, 1717, in Prince George County, in the case of Charles Anderson versus Henry Offley, late of London, Merchant, and John Poythress, executor of John Poythress, deceased, John Poythress appeared and said that he had in his hands money enough of Offley’s to pay the plaintiff £19/1/3, and that he would pay.
December 11, 1717, in Prince George County, in the chancery suit of Walter Vernon versus John Poythress, surviving executor of the Will of John Poythress, deceased, the defendant appeared and was granted time to answer.
March 11, 1718, in Prince George County, in the suit of chancery of Walter Vernon versus John Poythress, the surviving executor of John Poythress, deceased, the plaintiff had until the next court to file a reply to the defendant’s answer.
January 13, 1719, in Prince George County, the entry was identical to the text above regarding Charles Anderson on July 9, 1717.
Professional Life
March 12, 1702 the Governor and Council of Virginia made an address of loyalty to the King of England. A similar loyal address was received from Charles City County. The Grand Jury was composed of John Cocke, Anthony Wyatt, Robert New, Thomas Jackson, George Pasmoore, James Harrison, Randall Madax, Roger Best, David Gudgam, John Wickett, John Daniel, Thomas Daniell, James Gabeker, Thomas Woodham, Robert Harwood, Jno. Hunt, Thomas Anderson, James Gunn, Daniel Higdon, and John Baxter. The Justices were Richard Bland, Charles Goodrich, Daniel Lewellin, Robert Bolling, Littlebury Epes, George Blighton, John Hardiman, Joshua Wynne and Richard Bradford. The Sheriff was Micajah Lowe. The Militia Officers were Thomas Simmons, Adam Tapley, Peter Poythress, Anthony Wyatt, John Epes, Francis Epes, John Limbreij, Joshua Wynne, Micajah Lowe, John Hamlin, John Epes, John Reeker, Jr., Thomas Harrison, John Poythress, John Poythress, Richard Hamlin, John Baxton, William Byrd, Edward Hill, Charles Goodrich, Littlebury Epes, George Blighton, Richard Bradford, John Taylor, Peter Jones, Richard Reeker, and James Thweatt.
Governor Spotswood appointed Captain John Poythress, Sr., to serve with Colonel John Hardyman, Major Joshua Wynne and Captain Francis Mallory as members of the Commission to investigate the Virginia-North Carolina line on October 21, 1707. They were to examine under oath “such ancient inhabitants of Prince George, Surry, Isle of Wight and Nansemond counties and discover the truth as to the said bounds between the said colonies.” Also they were to ask the “ancient and intelligent Indians of the Nottoway, Meherrins and Nansemond nations,” what they knew about the area. Among the old inhabitants of Prince George County that were deposed was Robert Bolling, Gentleman, aged 61, who “hath known the Nottoway river for 37 years or more” and “Major Wynne’s quarter is on the sight of the old Nottoway Indian town.” [Joshua Wynne (1661-1715) was the son of Robert Wynne (1622-1678) and Mary Poythress Wynne, and therefore an uncle to John Poythress (c. 1672-aft. 1724). John Poythress was a cousin to the Hardymans, and John Poythress’ wife, Mary Batte (c. 1674-c. 1760), was a granddaughter of Martha Mallory.]
James Thweat, of Bristol parish, aged 64 years or thereabouts, swore before Benjamin Harrison, Jr., and John Hardiman, on November 12, 1707, that he had known the River, now called Nottoway River, for 48 years or more and that it had never been called by any other name. When he first became acquainted with those parts, the chief town of the Nottoway Indians was on the south side of the Nottaway River where Major Wynne’s Quarter is now located, about three miles above the mouth of Monksneck Creek, and some few of them lived at Rowonte, which is about 4 miles up Monksneck creek; and two or three families of them at Tonnatora, which is on the north side of the Nottaway River, and that they lived at some of these places, and at Cottashowrock, and thereabouts, until 25 or 26 years ago, and then they removed and settled their great town upon Atyamonsock Swamp at the place now called Old Town. About 48 years ago, the Meherrin Indians lived upon the Meherrin River at Cowochahawkon and some of them at Unote, and about 24 years ago some of them lived at Unote and some at Taurara, but how long they lived there after that time, he could not remember. [James Thweatt (1643-), of Bristol parish, was an officer in the Virginia militia when he signed the loyalty oath on March 12, 1702. In 1704, he owned 750 acres, some on the south side of the Appomattox River, which was in Bristol parish, and some on the south side of the James river which was in Jordan’s parish. James Thweatt, the Elder, and Robert Bolling were both questioned about the Virginia-North Carolina dividing line.]
March 13, 1712, in Prince George County, the inventory and appraisal of the estate of Edward Maine, deceased, was presented in court and the appraisers were sworn before John Poythress. The inventory was presented by Francis Mallory, the administrator, and it was ordered that the inventory be recorded.
June 14, 1715, in Prince George County, John Poythress, among others, was listed present as a Gentleman Justice for the court. Typically, these gentlemen justices were listed as present at the recording of each monthly opening of the court. John Poythress was listed, among others, present as a Gentleman Justice on July 6, 1715; August 9, 1715; and September 13, 1715.
March 13, 1716, John Poythress and James Thweatt and others appeared in court, took the usual oaths, signed the tests and were, accordingly, sworn Justices of Prince George County, pursuant to a Commission of Peace, etc., dated December 8, 1715.
John Poythress was listed, among others, present as a Gentleman Justice of Prince George County on April 2, 1716; June 12, 1716; and on October 9, 1716, at a court held at Merchant’s Hope, in Prince George County.
March 13, 1717, in Prince George County, pursuant to the Act for appointing Sheriffs, John Poythress, Samson Meredith and Richard Hamlin, Gentlemen Justices, were recommended to the Honorable then Governor to execute the office of Sheriff the ensuing year.
March 13, 1717, pursuant to a commission of the Peace, dated December 8, 1715, John Poythress, James Thweatt and Lewis Green, Jr., took the oaths as Justices of Prince George County. John Poythress was listed, among others, present as a Gentleman Justice, of Prince George County, at Merchant’s Hope on May 14, 1717; June 11, 1717; October 8, 1717; December 10 and 11, 1717; January 14, 1718; and, March 11, 1718.
March 11, 1718, in Prince George County, John Poythress, Robert Mumford, and James Thweatt, Gentleman Justices, were recommended to the Governor as persons fit to be Sheriff of the County.
April 9, 1718, at a court held at Merchant’s Hope, for Prince George County, for receiving and certifying to the next session of the Assembly for Propositions, Grievances and Public Claims of the said County, present, among others, was John Poythress, Gentleman Justice.
John Poythress was listed, among others, present as a Gentleman Justice, of Prince George County, on June 10, 1718; July 8, 1718; August 12, 1718; January 13, 1718/9; and, May 12, 1719.
John Poythress was listed among others as present as a Gentleman justice of Prince George County on July 15, 1719, and on September 8, 1719.
September 8, 1719, in Prince George County, Richard Pace, Thomas Kirkland and William Reese made an appraisement of the estate of Phillip Jane, deceased, sworn before John Poythress. Elizabeth Jane was the administratrix. [Elizabeth Tye Jane was a half-sister of Rebecca Coggin Poythress and an aunt of Rebecca Poythress Pace.]
John Poythress was listed among others, present, as a Gentleman Justice of Prince George County on October 13, 1719, and on November 11, 1719.
November 11, 1719, in Prince George County, John Poythress, Samson Meredith and John Hardyman, among others, were present as Gentlemen Justices. [Note: from here and sporadically forward, John Poythress appeared to co-sign William Hamlin’s order to close the court]. John Poythress was listed among others, present, as a Gentleman Justice of Prince George County on January 12, 1720.
March 8, 1720, in Prince George County, pursuant to the direction of the Act for Appointing Sheriffs, John Poythress, Robert Mumford and John Hardyman, Gentlemen Justices, were recommended to the Honorable Lieutenant Governor as fit and able to execute the office as Sheriff of this County for the next ensuing year.
March 8, 1720, in Prince George County, John Poythress, John Hardyman and Louis Green, Gentlemen, were recommended to the Honorable Lieutenant Governor, as fit and able to execute the office of Coroners of this County.
John Poythress was listed among others, present, as a Gentleman Justice of Prince George County on March 11, 1720.John Poythress was listed among others, present, as a Gentleman justice of Prince George County on June 14, 1720.
June 14, 1720, in Prince George County, John Hardyman, John Poythress and Edward Goodrich were to make oaths as Sheriffs. John Poythress and Edward Goodrich entered bond with John Hardyman for his performance as Sheriff. [John Hardyman (1686-1738), son of John Hardyman and Mary Epes, was married to Henrietta Maria Taylor, daughter of John Taylor. Edward Goodrich (1693-1720) was married to Margaret Wynne (1694-1729), daughter of Joshua Wynne and Mary Jones.]
June 14, 1720, in Prince George County, John Poythress, Robert Poythress and John Woodlief, having taken the official oaths of allegiance, signed the test, were sworn vestrymen of Westover parish.
John Poythress was listed among others, present, as a Gentleman Justice of Prince George County on August 9, 1720, and on September 13, 1720. John Poythress was both attorney and social acquaintance to Elizabeth Taylor Duke.
September 19, 1720, Colonel William Byrd recorded in his diary that he dined at his home, Westover, with Mrs. Duke and her attorney, Mr. Poythress, along with his “brother and sister Duke,” James Duke and his wife, Mary Byrd Duke.
John Poythress was listed, among others, present, as a Gentleman Justice of Prince George County on October 31, 1720, and on January 10, 1721.
January 10, 1721, in Prince George County, John Woodlief and John Poythress, among others, were chosen Vestrymen for the parish of Martin’s Brandon parish and accordingly appeared in court and took the Oath appointed by law, signed the test, and were sworn Vestrymen of the parish.
John Poythress, was a member of the assembly in the House of Burgesses, for 1723 to 1726. The first session of this Assembly was called for December 5, 1722, but was prorogued and did not meet until May 9, 1723. The second and last session met May 12, 1726. He was in attendance at a meeting May 27, 1726, when the House of Burgesses petitioned the King asking retroactive approval for a tax placed upon all imported liquors, except from Great Britain, to fund the operation of William & Mary College; also, asking the King to find additional monies for this purpose “out of your unappropriated and growing Revenue of Quit Rents in this Colony, or any other way that your Majesty shall think more proper.” Signatures in the House of Burgesses for Prince George County were Robert Bolling and John Poythress. The full text may be found in the Swem index.Civic ActivitiesApril 19, 1717, in Prince George County, on the petition of John Hobbs, a surveyor of the highways, it was ordered that Captain John Poythress’ tithables, James Bishop, William Hobbes, Peter Poythress and William Poythress assist said Hobbs in clearing the highways.
May 13, 1718, in Prince George County, Mr. Sampson Meredith was ordered to take the list of tithables in Martin’s Brandon parish on 10th June next; Captain John Poythress was to do the same in Weyanoke parish on 20th June next; Captain John Hamlin in Westover parish; and, Major Robert Bolling in Bristol parish.
December 9, 1718, in Prince George County, Elizabeth Duke, the relict of Henry Duke, deceased, of this county, appeared and said that her husband had died without a Will. She was appointed administratrix with John Hardyman her security. Mr. John Hatch, Captain Hamlin, Captain John Poythress and Gilbert Hay appraised and inventoried the estate of Captain Henry Duke, in Prince George County, on January 22, 1719.
April 14, 1719, in Prince George County, Henry Batte made oath that Thomas Harwell, deceased, died intestate, and was granted administration of his estate. John Poythress, Robert Poythress, John Fitzgerald and Edward Mitchell were to take inventory.
April 14, 1719, in Prince George County, Joshua Poythress, Robert Poythress, John Fitzgerald and Edward Mitchell, were nominated and appointed to appraise the estate of Thomas Harwell, deceased, and make a report of their proceedings therein to the next court when Henry Batte, the administrator, thereof was ordered to return the inventory.
May 12, 1719, in Prince George County, Mr. Samson Meredith was appointed to take a list of tithables in Martin’s Brandon parish on June 10 next; Captain John Poythress was appointed in Weyanoke parish; Mr. John Hardyman was appointed in Westover parish; and, Major Robert Bolling was appointed in Bristol Parish.
June 9, 1719, in Prince George County, John Poythress, John Hatch, William Harrison and Gilbert Hay were ordered to appraise the estate of Randle Pratt, deceased, and make a report of their proceedings to the next court when Henry Holder, as the executor, was to return the inventory.
May 10, 1720, in Prince George County, the assignments of those that were made to take the lists of tithables were John Poythress, Gentleman, in Weyanoke parish, Samson Meredith, Gentleman in Martin’s Brandon parish, etc.
A 1720 Act of the General Assembly, which took effect on January 1, 1721, united the parts of Westover and Weyanoke on the south side of the James River into Martin’s Brandon parish. Also in 1720, Brunswick County was created by an Act of the Virginia Assembly to establish a new county from the southern part of Prince George County. The new Brunswick being deemed insufficient in population to constitute a county, areas of the counties of Surry and Isle of Wight were added to Brunswick in an effort to more equally distribute the titheable individuals.
January 10, 1721, in Prince George County, John Poythress, Edmund Irby, Gilbert Hay and William Harrison were chosen, sworn, etc. to appraise the estate of Edward Goodrich. Margaret Goodrich, the executrix, was to return the inventory. [John Poythress and Margaret Goodrich were cousins. Their fathers were half-brothers.]
January, 1725, in Prince George County, Captain John Poythress was to receive by order of the court 1 pound, 12 shillings, 6 pence, from the estate of Edward Goodrich.
August 9, 1726, in Prince George County, John Poythress swore to an account of the goods and chattel of Charles
Goodrich.
December 13, 1726, in Prince George County, John Poythress swore to the inventory of chattels of Littlebury Hardyman.
June 10, 1727, in Prince George County, John Poythress swore to the estate inventory of William Jackson.Court CasesMarch 11, 1718, in Prince George County, in the case of Francis Epes versus John Poythress, the plaintiff failing to prosecute, a non suit was granted the defendant.
Property: Personal Property and Land
In November, 1708, in Surry County, it was ordered that Sarah, an Indian slave, to John Poythress be added to the list of tithables this present year. In September, 1709, in Surry County, upon the petition of John Poythress, it was ordered that Sarah, his Indian slave, at Nottaway River, be added to Mr. William Cock’s list of tithables this present year.
June 22, 1708, John Poythress, took out a patent, for 600 acres, in Prince George County, and found that part of it was in Surry County. It was ordered that the Surry Surveyor lay that part off, etc.
June 8, 1714, in Prince George County, Sarah Daniel, of Westover parish, Co. of Prince George, to John Poythress, Sr., of Weyanoke and Co. aforesaid, 50 acres of land bounded on the west by Birchen swamp, on the north by Joseph Daniel, on the east by the said John Poythress and on the south by Thomas Goodwyn. The witnesses were Robert Poythress and Edward Woodlief. [PG Records, 1713-1728, p. 18]
[July 15, 1717, John Poythress, of Prince George County, was granted 267 acres of new land, on the south side of the main Blackwater River, in Surry County, on the southwest side of the Indian Swamp, by the side of Beaver Pond Swamp.] [This 267 acres was leased out by Robert Poythress (1690-1743) on March 22, 1733.]
15 Jul 1717 John Poythres (July 15, 1717, Surry County, 267 acres, New Land). George &c To all &c Know ye that I for divers causes and considerations but more especially for and in consideration the importation of six persons to dwell within this our Colony & Dominion of Virginia whose names are Alexander Sutton, John Peir, Daniel Medhurst, Amos Atlock, Thomas Barden & John Hardiman. We have given granted and confirmed and by these presents for us our heirs and successors do give grant and confirm unto John Poythres of Prince George County one certain tract or parcel of land containing two hundred & sixty seven acres lying and being on the south side of the main Blackwater in the County of Surry bounded as followeth to wit beginning at a live oak on the southwest side of the Indian Swamp thence west southwest twenty four poles to two pines then south four degrees west one hundred seventy eight poles to a pine then south thirty degrees west one hundred & four poles to three maples by the side of Beaver Pond Swamp then down the various courses of ye run of ye said swamp south forty degrees east seventy poles and south eighty seven degrees east seventy one poles to two oak saplins by the side of the Beaver Pond Swamp aforesaid thence north sixty degrees east seventy seven poles to a hickory then east four poles to a gum by the Beaver Pond Swamp the aforesaid then down the various courses of the run of ye said swamp north forty six degrees east thirty six poles and north eighty five degrees east thirty poles to a pine thence north by east sixty poles to a maple by the side of ye Indian Swamp aforesaid and as the various courses of ye run of ye said swamp 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 & well beloved Alexander Spotswood our Lt. Governor Commander in Chief of our said Colony & Dominion of Virginia under ye seal of our said Colony ye fifteenth day of July one thousand seven hundred & seventeen in the third year of our reign.
July 12, 1725, John Hardyman, of Martin’s Brandon parish, in Prince George County, sold to John Poythress, of the same parish and county, 2 acres of land, with a mill, in Prince George County, on Ward’s Run bounded by Sarah Wall and John Wilkins. John Hardyman obliged himself to title on the penalty of £80. The witnesses were Joshua Poythress and William Poythress. The court was at Merchant’s Hope. Henrietta Maria Hardyman, the wife of John Hardyman, released her dower. [PG Records, 1713-1728, p. 829]Adjoining PropertyDecember 16, 1723, Adam Ivy, of Isle of Wight County, sold to Edward Prince, of Prince George County, 130 acres in Martin’s Brandon parish, in Prince George County, bounded on the east by Gilbert Hay, on the south by Robert Hobbs and Captain John Poythress, on the west by land lately sold by Mr. Peter Poythress, and on the north by Gilbert Hay. The witnesses, Gilbert Hay, Hugh Ivy and David Dunkesin.
Pertinent Information
In 1702, Captain Thomas Wynne and his brother, Joshua Wynne, were appointed interpreters to accompany the Nottaway and Meherrin commissioners on their trip north to make peace with the Seneca Indians. In 1703, the Nottoway, Nansemonds, and Meherrin tribes requested that Major Joshua Wynne, and his brother, Thomas Wynne, be appointed Indian interpreters for the tribes. When a Chief of one of these tribes was taken prisoner by the Senecas, the Wynne brothers were asked to accompany the Indians to gain the release of the Chief due to the impasse between the tribes and the Senecas. The Wynnes were able to win the release of the chief and a tribal war was temporarily averted.
January 12, 1705, at Westover, the Will of Colonel William Byrd was examined by Francis Nicholson, Esquire, her majesty’s Lieutenant and Governor General, of Virginia, in the presence of the honorable Colonel Henry Duke, one of her majesty’s honorable council of Virginia, Captain Littlebury Epps of Charles City County, Henry Duke, Jr., of James City County, Gentleman; and Captain Joshua Wynne, of Prince George County, who said that the original Will appeared to have been written in its entirety in Colonel Byrd’s own hand without any blot or interlineation and sealed with his own seal.As WitnessMay 1, 1716, in Surry County, Samuel Harwood, Jr., of Weyanoke parish, in Charles City County, to Thomas Cocke, of Southwarke parish, in Surry County, 100 acres, on the south side of the Nottoway River, in Lawnes Creek parish, bounded by a branch of Poplar Swamp (the land being part of 445 acres in Isle of Wight County granted to said Samuel Harwood, Jr., on June 16, 1714). The witnesses were John Cargill and John Poythress.
May 13, 1725, William Coleman sold to John Coleman, 185 acres, on the east side of the great branch of Whipponock Creek, in Prince George County. The witnesses were Robert Bolling, John Poythress and Drury Bolling at a court at Merchant’s Hope. [After 1753, this land was in Dinwiddie County.]
Family Estates
April 4, 1719, in Prince George County, John Drayton, one of the orphans of Roger Drayton, deceased, chose Captain John Poythress, as his guardian.In Prince George County, the Will of Elizabeth Ivie, of Weyanoke parish, in Prince George County, dated April 26, 1718, proved March 8, 1719.I give my son, George Ivie, twenty shillings, or the worth of twenty in some commodity, as my executor shall see fit.I give my son, Henry Ivie, a gold ring.I give my son, John Ivie, my bed and what belongs to it.I give my son, Gilbert Ivie, twenty shillings, or the worth of twenty.I give my daughter, Susan Hays, a gold ring.I give my son, Adam Ivie, and his daughter, Elizabeth Ivie, all the remaining part of my household goods, to be equally divided between them as he shall see fit, and I do hereby appoint my son, Adam Ivie, my sole executor to see this my last Will and testament truly fulfilled, as witness my hand and seal this April 26, 1718. Elizabeth Ivie. The witnesses were Elizabeth Foster and Mary Poythress. At a Court held at Merchant’s Hope for Prince George County on the second Tuesday, March 8, 1719, the above written last Will and testament of Elizabeth Ivie, deceased., was presented into court by Adam Ivie, her executor, who made oath thereto, and it being proved by the oath of Elizabeth Foster a witness thereto, is by order of the court truly recorded. And on the motion of Adam Ivie and his giving security according to law, Certificate is granted him for obtaining a probate in due form. [Mary Batte Poythress (1676-1760), wife of John Poythress (c. 1672-after 5/1726), was a witness to this will. Elizabeth Ivey (-1720) was the wife of Adam Ivey (c. 1640-c. 1710).]
February 14, 1721, in Prince George County, Adam Ivy returned into court, estate of Elizabeth Ivy, ordered to be recorded. Present were John Hamlin, John Poythress and Robert Bolling.
September 4, 1720, in Prince George County, an indenture between John Poythress, Sr., and Mary, his wife, of Prince George County; Henry Ligon and Elizabeth, his wife; Edward Stratton and Ann, his wife, of Henrico County; James Parham and Rachel, his wife, of Isle of Wight County; Abraham Jones and his wife, Sarah, of Prince George County. Whereas Henry Batte, deceased, of Prince George County, by his last Will and Testament bequeathed a certain tract of land, in Bristol parish, in Prince George County, lying on both sides of the Second Swamp, containing 1,200 acres, to be equally divided between his five daughters, Mary, wife of John Poythress, Sr.; Elizabeth, wife of Henry Ligon; Anne, wife of Edward Stratton; Rachel, wife of James Parham; Sarah, wife of Abraham Jones, etc. This was a deed partitioning the land in accordance with the Will mentioned. James Parham and Rachell, their parcel of 240 acres being on the land of Abraham Jones, it being the lower part of said tract. Abraham Jones’ and Sarah’s parcel of 240 acres being on the land of John Poythress. The partition was acknowledged by John Poythress, Sr., and wife, Henry Ligon and wife, Edward Stratton and wife, and Lewis Green, Jr., attorney of James Parham, Rachel Parham, Abraham Jones and Sarah Jones. The division of land, viz: Mary, the wife of John Poythress, 240 acres; Eliza, the wife of Henry Ligon, 240 acres; Ann, the wife of Edward Stratton, 240 acres; Rachell, the wife of James Parham, 240 acres; and, Sarah, the wife of Abraham Jones, 240 acres. This indenture was signed by all five of Batte’s daughters and their husbands, and was witnessed by James Thweatt, James Thweatt, Jr., and William Anderson, at a court at Merchant’s Hope, Prince George County, where it was recorded on June 13, 1721. [John Poythress, Sr., (1674-after 5/1726) was married to Mary Batte (1669-1760); Henry Ligon was married to Elizabeth Batte; Abraham Jones (1690-) was married to Sarah Batte; Edward Stratton was married to Ann Batte; and, James Parham was married to Rachel Batte.] [PG D&W 1713-1728, p. 471]October 4, 1727, in Prince George County, in a Certificate of Probate for the Will of Henry Batte, the Will named Henry Batte’s mother, Mary Batte, and his sister, Mary Poythress. The witness was Robert Poythress.
After Mary Poythress’ Death
March 8, 1760, in Prince George County, the appraisement of the estate of Mary Poythress, deceased, viz: livestock, furniture, household items (itemized), was appraised at £61/18/7. The appraisers were Anthony Penniston, Peter Epes and Nathaniel Raines. Signed by John Watts, administrator of the estate of Mary Poythress. Sworn before Richard Bland, Jr. [Mary Batte Poythress (1664-1760) was the wife of John Poythress (1672-aft. 5/1726). Anthony Peniston may have been the father of Anthony Peniston (1764-1797) husband of Elizabeth Poythress. Peter Epes was married to Mary Poythress, dau. of Joshua Poythress. Richard Bland, Jr., was married to Mary Blair Bolling and he was the son of Richard Bland & Anne Poythress, dau. of Peter Poythress & Anne Jones.] [This Mary Poythress was the wife of Captain John Poythress, Sr. The wife of John Poythress, Jr., had married John Abbington.] [PG D&W 1759-1760, p. 158]
Capt. John Poythress, Sr. (c. 1672-aft. 1726), married Mary Batte
– born about 1672
– married Mary Batte, daughter of Henry Batte and Mary Lound, about 1689
– as militia officer in Chas. Cty. Co. signed loyalty oath to King of England 1702
– Captain of militia by 1707
– appointed w/ Major Joshua Wynne, Col. John Hardyman, Cpt. Francis Mallory to investigate VA/NC line 1707
– patent for 600 acres in Pr. Geo. Co., part in Surry Co. 1708
– bro. Francis sold cousin Thos. 100 acres “Odiums” dividing line btwn. Francis and John 12/9/1712
– inherited slaves, Bess and Nanny, from father; was executor of father’s Will with his mother, Christian 12/11/1712
– bought 50 acres bounded on w. by Birchen Swamp on n. by Joseph Daniel on e. by his land and s. by Thos. Goodwyn, Pr. Geo. Co. 1714
– court Justice of Pr. Geo. Co. 1715, 1716, 1717, 1718, 1719, 1720, 1721
– granted 267 acres s/s Blackwater River SW side Indian Swamp by Beaver Pond Sw., Surry Co., 1717 (leased by Robt. Poythress 1733)
– recommended to be sheriff Pr. Geo. Co. 1717, 1720
– ordered to take list of tithables in Weyanoke parish, Pr. Geo. Co., 1718, 1719, 1720 (as Gentleman)
– chosen guardian for orphan of John Drayton, Pr. Geo. Co., 1719
– inheritance from Henry Batte to dau., Mary Batte Poythress, of 240 acres, dividing 1,200 acres in Pr. Geo. Co. adj. John Poythress’ land 1720
– coroner of Pr. Geo. Co. 1720
– sworn vestryman w/ Robt. Poythress & John Woodlief for Westover parish, Pr. Geo. Co., 1720
– Gen’l. Assembly Act united parts of Westover & Weyanoke s/s James River into Martin’s Brandon parish 1720/1
– chosen vestryman with John Woodlief of Martin’s Brandon parish, Pr. Geo. Co., 1721
– Adam Ivy to Edward Prince land bounded on e. by Gilbert Hay on s. by Robt. Hobbs & himself on w. by land sold by Peter Poythress on n. by Gilbert Hay, Martin’s Brandon parish, Pr. Geo. Co., 1723
– burgess for Pr. Geo. Co. 1723-1726
– 2 acres w/ mill on Ward’s Run adj. Sarah Wall & John Wilkins, Pr. Geo. Co., 1725
– died after 5/27/1726
First document: 1702 (age ~30)
600 ac. parts in Pr. Geo. & Surry, 50 ac. Birchen sw. Joseph Daniel & Thos. Goodwyn, 267 ac. Blackwater R. SW side Indian sw. by Beaver Pond sw. (leased by Robt. Poythress 1733), 240 ac. from Henry Batte adj. his land, 2 ac. w/ mill Ward’s Run adj. Sarah Wall & John Wilkins = 1,357 ac.
Slaves: (1) Indian slave, Sarah (1708); inherited (2) slaves, Bess & Nanny.
Neighbors: Joseph Daniel, Adam Ivy, Edward Prince, Gilbert Hay, Robert Hobbs
Prince George Co.
—- John Poythress, Sr. 8 Jun 1714 [PGrecs. p18] 50a PGCo/W on Birchen sw adj his land, Joseph Daniel & Thos.
Goodwyn
—- John Poythress of Martin’s Brandon, PGCo 12 July 1725 [PGrecs. p829] 2a PGCo/land w/ mill on Ward’s Run
adj Sarah Wall & John Wilkins
Surry Co.—- John Poythress 15 July 1717 [ ] 267a NL Surry Co/S side main Blackwater R, SW side Indian sw by side of
Beaver Pond sw
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