Kirby Poythress lived in Southampton County, one of the counties from which the young men joined a company of the 15th Virginia Regiment of Foot Soldiers in the Continental Army. Kirby Poythress served with his cousin, David Poythress in Captain Gray’s company of foot soldiers.

Family

Kirby Poythress was the oldest son of John Poythress who died before April, 1764. Kirby’s siblings were Judith (c. 1759-) and William Poythress (c. 1761-). Kirby and his siblings were under the age of 21 in April, 1764. Richard Kirby, “their next friend” and guardian appears to have stepped in to Court for the children. Was Richard Kirby an uncle? Where did Kirby Poythress get his given name from? Maybe his mother was a Kirby and Richard Kirby was Kirby Poythress’ uncle.

Possible background information

–A Richard Kirby was the father of Susanna Kirby who married Samuel Clifton, son of Benjamin Clifton, on 10/5/1763, in Southampton County, Virginia. The witness was Thomas Clifton, Jr. [Cliftons in Southampton Co.: Benjamin Clifton (11/6/1711-1772, bur. Southampton Co., md. Dorothy Walters (1715-1770), of Richmond, VA. Their children were: Sarah (1733-1734), John (1735-), Thomas (1737-1779), Benjamin (1740-1810), Samuel Albert

(1743-1834), Jesse (1747-1790), William (1748-1803)].

–A Richard Kirby was the father of Martha Kirby who married Samuel Pond on 5/9/1773, in Southampton County, Virginia. [Samuel Pond md. Ann Joiner 2/20/1804, Southampton Co.]

–A Richard Kearby (prob. Kirby) married Esther Anderson, daughter of Richard Anderson, on 7/27/1767, in Virginia.

A Richard Kirby married Alice Anderson on 4/21/1791 in Virginia.

Kirby Poythress married Mary Windham in Southampton County, Virginia, on September 18, 1783.

1810 – Southampton County, VA. – Mary Poythress (1765 or older) Poythress, Mary – pg. 844, 2 M under 10, 2 F 16-25, 1 F 45+ [Virtual census]

Mary Windham Poythress	~45
(female)	(1785-1794)
(female)	(1785-1794)
(male)	(1800-1810)
(male)	(1800-1810)

Kirby’s children were: Caty, Avy, Sally, Peggy and Gideon (-10/1838). Caty, Avy, Sally and Peggy died without children and were long deceased before September, 1839. Gideon Poythress’ children were: Benjamin (-bef.

9/1839), Martha “Patsy” and Ann (-bef. 9/1839). Martha married Benjamin Andrews. Ann died without children.

1830 – Southampton Co., VA.

0-0-0-0-0-0-1-0-0-0-0-0-0-1-0-0-0-0-0-1 = 1m 40-<50), 1f <5, 1f 40-<50

Gideon Potess ~45

(wife) ~45

(female) <5

Gideon Poythress (c. 1790-10/1838) would have lived about 48 years.

Southampton County, Virginia, is surrounded by Sussex County on the northwest, Surry County on the north, Isle of Wight County on the northeast, the City of Franklin on the east, the City of Suffolk on the southeast, Greensville County on the west and Northampton County, North Carolina, on the southwest.

Inheritance

Southampton County, Virginia Chancery Ct Record 1765-001. Children of John Portis: Kirby Portis, Judith Portis, William Portis. Below are the three documents contained in record #1765-001, transcribed by Barbara Poythress Neal.

[Document #1] To the worshipful court of Southampton sitting in chancery / Humbly complaining / Sheweth unto your worships your orators Judith Portis and William / Portis infants under the age of 21 years by R Kirby – [blank] their next friend that / your orators father John Portis was in his lifetime and at the time / of his death seised and possessed of one Negro slave named Dinah / and diverse other goods and chattels to the amount of [blank] / and being so possessed departed this life intestate leaving one Kirby / Portis his eldest son and heir at law and your orators his children / that by the laws of this colony your orators are intituled [entitled] to each / of them to one third part of the value of the said slave that your orators have / applied for the same to the said Kirby Portis but he being an infant / of tender years cannot comply with the same without the decree of / this worshipful court in the premises to the end therefore that / the said Kirby Portis by his guardian may [inserted here, above the line, is “on his corporal oath”] such true and / perfect answer make to all and singular the obligations afsd [aforesaid] / as fully and particularly as if the same were herein again / repeated and interrogated and that your worships will / decree and order that the slave afsd may be sold for the / said Kirby Portis do pray unto your orators their distributive / part or share of the said Slave or that the same may be sold / for the most that may be had for the same and the money / arising by the sale thereof may be distributed between / your orators and the said Kirby and that your worships will make such / further or other decree as shall be agreeable to equity & good conscious / may it please &c / The Answer of Kirby Portis son and heir at law of John Portis dec’d being an / infant under the age of 21 years by Rich’d Kirby [inserted above Kirby it is: “Kello”] his guardian to the bill of complt / exhibited agst him by Judith Portis and William Portis complainants. / This deft saving and reserving to himself all advantages of exception &c for / answer Now unto saith that true it is that the said John Portis died possessed / of the slave in the bill mentioned that this deft is not able to pay and / advance the complainants distributive part or share of the value of the said / slave without making sale thereof which cannot do without the decree of / this court and being and [sic] infant of tender years prays that what right he hath / therein may be saved to him by name thereof without that &c /

Portis / vs / Portis / April 1764 / Devise for plt / Sold the slave [illegible] / July 1765 /

[Document #2] George the third by the grace of god of great Britain France / and Ireland King defender of the faith &c To the Sherif of / Southampton County greeting we command you that you~ / summon Kirby Portis ~~ / to appear before our Justices of our said County Court in Chancery / at the courthouse of the said county on the second Thursday / in June next to answer a bill in Chancery exhibited agst him / by Judeth Portis & William Portis~~~And this he shall in no wise omit under the penalty of £100 / and have then there this writ witness R Kello Att [Attorney] of our sd / court at the courthouse the sixteenth day of May in / the third year of our reign. / R. Kello C / D. Portis / vs / Portis / Spa in chan [for Subpoena in chancery] / June 1763 / Cont’d / Sept 1763 / Cont / Jany / Court / Executed on Rich’d. Kirby Guardian / to Kirby Portis / Peter Butto She’f [signature] /

[Document #3] In Obedience to an Order of Southampton / court in chancery I have sold the slave in the [missing word] / mentioned for fifty one pounds four shillings being / the most that could be had for the same.- / R. Kello [signature] / Portis / vs / Portis / Def

Military Service

Kirby Poythress was an American revolutionary war soldier who fought under General George Washington. He served in Captain James Grays Company in the 15th Virginia regiment of Foot commanded by Major Gustavus B. Wallace Captain. Muster records show him present for muster as early as February, 1778, through May, 1778. He was listed as present but sick in May, 1778. The Siege at Yorktown, Virginia, began September 28, 1781, and ended with the surrender of British General Cornwallis on October 19, 1781. According to a sworn affidavit below, Kirby was present at the siege and surrender at Yorktown, Virginia.

The 15th Virginia Regiment was formed in February of 1777. Companies recruited men from Chesterfield, Brunswick, Southampton, King William, Nansemond, Princess Anne, Isle of Wight, Surry, Sussex, Westmoreland, Northumberland, Richmond, and Norfolk counties.

Muster Roll of Capt. James Grays Co. In the 15th Virginia regiment of Foot commanded by Major Gustavus B. Wallace taken for the Month February 1778

Commission’d or Appointed Nov. 22nd 1776 James Gray Capt.

  28 1776 Samuel Booker 1st Lieut On Command

Feb. 4 1777 Samuel Jones 2nd Lieut Officers formerly in Capt. Fosters Co.

Apr. 16 1777 Robt. Foster Ensign the whole of which is Join’d. to Capt.

June 20 1777 Samuel Cooper Ensign Grays Co.

Corporals

4. Micajah Holt 3 years

7. Etheldred Holt 3 years Soldiers

21. John Speed 3 years on guard

26. Kirby Portis 3 years

45. Daniel Evans 3 years sick

51. Richard Taylor 3 years sick

55. David Poythress 3 years sick

56. Wm. Neal 3 years sick

65. Jos. Hazlewood 3 years sick

March 7th: Mustered then Capt. Grays Company as specified above Jos. Clark DMM [88 Officers and Soldiers.]

A Muster Roll of Capt. James Grays Co. In the 15th Virginia Regiment of Foot commanded by Major Gustavus B. Wallace Taken for the Month March 1778

Commission’d or Appointed

Nov. 22nd, 1776 James Gray Capt.

28 1776 Samuel Booker 1st Lt. on Comm’d. at Laditz Feby. 4 1777 Samuel Jones 2nd Lt.

April 16 1777 Robert Foster Ensign

June 20 1777 Samuel Cooper Ensign Soldiers

21. John Speed 3 years sick in camp

26. Kirby Portis 3 years

45. David Evans 3 years

52. Richard Taylor 3 years sick absent

56. David Poythress 3 years sick absent

57. William Neal 3 years sick absent

Valley Forge April 6th Mustered then Capt. Gray’s Company as specified above J. Clark DMM [84 Officers and Soldiers.]

A Muster Roll of Capt. James Grays Co. in the 15th Virginia regiment of Foot commanded by Major Gustavus Browne Wallace Taken for the Month April 1778

Commission’d or Appointed Nov. 22 1776 James Gray Capt.

  28 1776 Samuel Booker 1st Lieut. on Command Feby. 4 1777 Samuel Jones 2nd Lieut. Sick absent

Apr. 16 1777 Robert Foster Ensign Taken prisoner 24th April June 20 1777 Samuel Cooper Ensign

18. Kirby Portis 3 years

23. David Evans 3 years

30. Richard Taylor 3 years On command

43. John Speed 3 years Sick present

1. David Poythress 3 years Sick absent
2. Wm. Neal 3 years Sick LancasterValley Forge May 1st Mustered then Capt. Grays Company as specified in the above Roll J. Clark DMM [99 Officers and Soldiers.]
   Pay Roll of Capt. James Grays Company in the 15th Virginia Regiment of foot in the service of the United States Commanded by Major Gustavus Bro: Wallace taken for the month April 1778Comm. of Pay Time of service Whole amt. of pay dueKirby Portis 2 .4David Evans 2 .4Richard Taylor 2 .4John Speed 2 .4David Poythress 1 Aprl. 1 mth. 2 .4Wm. Neal 2 .4Benjamin Newton 5 .6.8L 290.10Eq ual to 968 1/3 Dollars QE J ames Gray Capt.[95 Officers and Soldiers]
   A Muster Roll of Capt. James Grays company in the (15th) Virginia Regiment off Foot commanded by Major Gustavus Browne Wallace taken for the Month May, 1778Commissioned or AppointedNovr. 22nd 1776 James Gray Captn. Decr. 28 1776 Samuel Booker Lieut.Feby. 4 1777 Samuel Jones Lieut. Dismissed from the service June 6th 78 June 20 1777 Samuel Cooper Ens.11. Richard Taylor 3 years15. John Speed 3 years32. Randolph Reese 3 years36. William Neille 3 years42. David Evans 3 years On guard54. Matthew Jackson 3 years Sick present57. Kirby Portis 3 years Sick present
3. Shadrack Vaughn 3 years Sick present

67. John Barker 3 years Hospl. Lancaster

70. Thomas Pope 3 years Hospl. Yellow Springs

72. Benja. Newton 3 years Hospl. Yellow Springs

74. David Poythress 3 years Died May 11th 78

June 7th 1778 Muster’d. then Capt. Grays compy. As specified in the above Roll. J. Clark DMM [92 Officers and Soldiers listed.]

After death – War claim

Poythress, Kirby – Soldier – Army – Southampton Cty, VA. William Oney in Southampton Cty, VA on 16 Sep 1839 states that he knew Kirby Poythress of Southampton Cty, VA who died 25 or 30 years ago. He enlisted in Southampton Cty, VA under Capt. James Gray and he and William Oney met up at Yorktown. At his death, Kirby Poythress had children viz Caty, Avy, Sally, Peggy and one son named Gideon. Gideon Poythress died in Oct. 1838 leaving children Benjamin, Patsey (Martha), and Ann. Martha Poythress is the wife of Benjamin Andrews, Ann Poythress is dead without issue and Benjamin Poythress is not now living.

Heirs. Rejected Claim. L. B. Kirby Poythress, Soldier – Army.

Southampton Co., Va.

Affidavit – Wm. Oney, Rev. Soldier. 1840.

Virginia. At a Court held for the County of Southampton on the 16th day of September 1839. In open Court came William Oney who made oath that he was well acquainted with Kirby Poythress dec’d. Formerly of Southampton, who died somewhere from 25 to 30 years ago in the said County of Southampton. The deponent further states that the said Kirby Poythress enlisted in the army of the Revolutionary War, and served in the said Army about five years, and did not leave the Service until the end of the War. The said Kirby Poythress was at York Town in battle at the Capture of Cornwallis. He left the County of Southampton under the command of Captain James Gray and went first to the North. This deponent was never with the said Poythress in any engagement other than that at York Town. The deponent further states that the said Poythress had the following children his sole heirs at his death to wit: Caty, Avy, Sally & Peggy and one son called Gideon Poythress. That the females aforesaid died some years ago without issue, and the said Gideon died in October last leaving Benjamin Poythress, Patsey or Martha Poythress and Ann Poythress his children. Martha is the wife of Benjamin Andrews, Ann is dead without issue and Benjamin is still living in Southampton County, State of Virginia, and that there is no widow of the said Kirby Poythress now living. A Copy. T este L. R. Edwards CC