R. Bolling Batte regarding Robert Poythress

[282 Robert Poythress. He was a soldier in the Revolution. I was told by a lady of Memphis, now deceased, that Robert Poythress died in January 1782 in Charleston, S. C. without issue. No record was cited.]

Family

Captain Robert Poythress was born about 1724, in Prince George County, the son of Robert Poythress and Elizabeth (Cocke). It is quite possible that Robert had a son and heir as Polly Poythress claimed to be his heir in an 1844 claim rejection. Robert died near Charleston, South Carolina, in January, 1782.

Inheritance

On September 13, 1743, the Will of Robert’s father, Mr. Robert Poythress, of Martin’s Brandon parish, in Prince George County, was proved by Richard Bland, William Batte and William Poythress. He appointed his brother, William Poythress, Colonel Richard Bland and Mr. John Gilliam to divide his estate. He appointed his wife, Elizabeth, and his sons, Robert and Peter to be executors of his Will. He gave his son, Robert, all of his lands on which he lived, containing 1,100 acres, and 291 acres, adjoining the Butterwood Swamp, and nine negroes, Tom boy, Mingo, Charles, Judy, Bett, Jenny, Sarah, George and Boatswin. His son also received 1/4th of his furniture, a share of the stocks and 1/4th share of the remainder of his estate. The court was held at Fitzgerald’s.

[Robert Poythress (I) received 350 acres at the Indian swamp from his father, John Poythress, in his December 11, 1712, Will. On May 9, 1717, Robert Poythress (I) bought 500 acres, in Prince George County, from Stith Bolling. On September 12, 1721, Robert exchanged 267 acres with William Parham for 100 acres in Martins Brandon, Prince George County. On March 22, 1732, Robert leased 267 acres at the Indian swamp to John Parham.

September 28, 1728, Robert bought 291 acres at the Butterwood swamp, in Prince George County, which he left to his son, Captain Robert Poythress, in his 1743 Will. On July 12, 1735, Robert bought 600 acres from his brother, David Poythress, part of which, Tanotoro, was left by John Poythress to his son, David Poythress, in his 1712 Will. Robert left this land to his son, Colonel Peter Poythress, in his 1743 Will. On September 28, 1728, Robert had land adjacent to the 297 acres bought by Robert Glover, in Prince George County. He left this property to his son, Colonel Peter Poythress, in his 1743 Will. On June 17, 1735, Robert bought 412 acres, in Surry County, from Thomas Bolling, Mariner, which he left to his son, William Poythress, in his 1743 Will. On June 1, 1741, Robert bought 400 acres, in Amelia county, that he left to his son, William, in his 1743 Will.]In 1763, in Dinwiddie County, the charges were denominated in pounds of tobacco, for which it was likely warehouse receipts were used to pay the bill. Robert Poythress, William Glascock, his Guardian. May, 1763, entering for Order for attendance versus Cryer, trial, judgement. June, 1763, dismissed versus C. Poythress’ executor.

Professional life

Robert Poythress, of Prince George County, was a Captain in the Continental Service. He enlisted several other soldiers into service. He was stated to have enlisted in the service in 1776, and after serving some time around Williamsburg, he marched to the South in what was termed the Southern Regiment and continued in service until the commencement of the year 1781. Micajah Webb stated that he had served with Captain Poythress under General Greene and was in the same capacity when Poythress died near Charleston, not returning to Prince George County. Webb believed that Robert Poythress never got any compensation for his service. R. Bolling Batte was told by a lady of Memphis, now deceased, that Robert Poythress died in January, 1782, in Charleston, South Carolina.


An 1844 claim rejection appears to have been carefully orchestrated by counsel for the claimant Polly Poythress, the “heiress” of Captain Robert Poythress. Depositions of Micajah Webb, Rebecca Mitchell and Polly Poythress, together with the petition of Polly Poythress herself were essentially identical even to the specific wording. The deponents claimed ages in the range of 70 years. Other documents in the claim file were various affidavits attesting to the signatures of the deponents and affidavits attesting to the signatures of the affidavit givers. All deponents claimed to have been well acquainted with Robert Poythress, “who was a Captain in the Continental service.”


December 6, 1776, in the Virginia Gazette, “Prince George County, November 23, 1776. Contrary to my desire, and express order, my servant man, James Bullock, enlisted with Mr. Robert Poythress, an officer, he says, under Captain Scott, of the Georgia service; upon which I demanded my servant of the said Poythress, without effect. This is therefore to request of Captain Scott to have my said servant returned to me without delay or farther expense, or I shall certainly prosecute him according to law. James Anderson.”


February 2, 1777, in the Virginia Gazette, “Fredericksburg, January 6, 1777. Deserted from my troop of light horse, about the 1st of November last, George West, 5 feet 11 inches high, very slender made, born in Hanover, has dark hair, and is 18 years old. James McCallion, upwards of 6 feet high, born in Newcastle, Pennsylvania, has dark hair and blue eyes, stoops in his shoulders, and is 24 years old. The said McCallion, I am informed, has enlisted under one Robert Poythress, who was recruiting for the Georgia service under Captain Scott. I therefore forewarn the said Scott or Poythress from carrying him out of this colony, and will give 20 dollars reward to any person who will secure the said deserter and deliver him to General Lewis, or his Excellency the Governour in Williamsburg, and 10 dollars reward for securing West, on delivering him to either of the above mentioned gentlemen. Richard Call.”


January, 8, 1782, the British were in control of Charlestown, which they had captured in May, 1780. On that same day, 30 miles westward, the General Assembly of South Carolina’s Revolutionary government met at Jacksonboro on the Edisto River. By February 26, they had passed several Confiscation Acts. The lists of names accompanying the Acts were printed in the March 20, 1782, issue of Charlestown’s Royal Gazette and was updated several times by the end of the war.

Adjoining Property

August 28, 1746, William Elder, Jr., was granted 280 acres, in Prince George County, on the south side of Butterwood Swamp, adjoining Peter Wynne, Samuel Moore and Robert Poythress.


[August 28, 1746, John Ornsby, clerk, was granted 1,703 acres, in Prince George County, on both sides of Butterwood Swamp and Road and bounded by Goodwin’s corner in the County lines on the south side of the swamp, adjoining Eaton, Ellington, Reece, over the Road, adjoining Claiborne, Watson, to the County, adjoining Trent, to a corner in the County line by the Road, and along the County line.] 28 Aug 1746 John Ormsby, Clerk. 1,703 acs. Pr. Geo. Co. on both sides of Butterwood Sw. and [Butterwood] Road, along the Co. Line [South]; adj. Goodwin, Eaton, Poythress, Ellington, Claiborne, Watson, Trent & his own line. £8.S10. PB 25, p. 213.

December 2, 1748, in Amelia County, the Will of William Stone, dated December 2, 1748. One legatee, among many, daughter, Katherine Stone, 200 acres, lying between the lines of George Hill, Robert Poythress, and Richard Parr.

CGB A p328-329 29 May 1780 to Peter Poythress Con Ancient Composition of 5 Shillings Sterlingre Nearly 13 Acres by Survey Bearing Date the 24th Day of Nov 1779 in Bath Parish Dinwiddie County on the South Side of Butterwood Creek loc -33824 -100160 F127 L0 P255pt A) at Peter Wynnes corner Shrub oak in his Own line ln N5W; 48P; pt B) Butterwood Creek thence down the sd Creek according it to Its Difference Meanders lm; down Butterwood Cr. pt C) Peter Wynnes Corner on the Same thence on his line now Polly Pothress ln S85W; 57P; Peter Wynne to Polly Poythress.

Court Cases and Controversy
February 9, 1744, James Clark received of Mr. Robert Poythress the sum of £22, 14 shillings and 2 pence.

Dinwiddie Co. Clerk’s Fee Book, 1763. The charges are denominated in pounds of tobacco for which it is likely warehouse receipts were used to pay the bill.                                                                                            Debit

Robert Poythress    Wm. Glasscock his Guardian

May, 1763 Entering four Order for Attendance vs Cryer 10 ea Copys 10 ea Trial 40 Judgement 10

                        Copy 10 Tax charge Costs 11                                                                                             151

June, 1763 Dismissed vs C. Poythress’s Executor Copy 10 Tax charge Costs 11 file Papers 10              46

                                                                                                                                                                    197


July 9, 1772, in the Virginia Gazette, taken away, on the 28th of May last, from Northumberland Courthouse, by one Robert Poythress, from Amelia County, a negro slave, named Dick, belonging to the subscriber; he is a black fellow, about 20 years of age, five feet seven inches high, very likely and sensible, has been brought up in the house as a waiter, is very skillful in the care of horses, and a good rider. He is well known by many Gentlemen and in all the towns in Virginia, as he always waited on me whenever I went from home, and is also known by some in Carolina, but is much grown since he was there. The said Robert Poythress pretends that he bought him; but his not having either a Bill of Sale or a receipt for the money, sufficiently proves it to be false. This is to forewarn all persons from purchasing or entertaining him, as they may expect to have the law put in execution to the utmost extent. I do likewise offer a reward of £10 to any person that brings the said slave to me, in Lancaster, if taken in this Colony, and £20 if out thereof. John Wormeley.


In July, 1773, in the Chesterfield County, the court dismissed the suit of Robert Poythress, plaintiff, versus Robert Elam, defendant, in case. [Chesterfield Order Bk. 5, p. 298]

September 26, 1782, in Greensville County, John Wormeley, plaintiff, against Benjamin Hicks, defendant, in detinue. Case was discontinued for want of prosecution. Benjamin Hicks at the suit of John Wormeley, in detinue. The deposition of Benjamin Williams, Greensville County, State of Virginia, August 24, 1782, Benjamin Williams, of Amelia County, being first duly sworn by John Lucas, a Justice for the said County, on the holy Evangelists, deposes and says that as well as he can remember, in May, 1772, he was at Northumberland Courthouse attending on a horse of Peter Stoner’s which he rode against a horse of John Wormeley’s and in the course of the week, Robert Poythress, and John Wormley entered into card playing and the said Robert Poythress won of John Wormley a large quantity of tobacco to the amount of twenty or twenty two thousand weight but believes it was twenty two thousand and in a few days after in my presence, John Wormley offered his negro man, Dick, for sale to Robert Poythress in discharge of the said tobacco, which said Wormley had lost with said Poythress on condition that Robert Poythress would let the fellow stay with his horse until the race was run as he said he could not do well without him. Soon after that at Muse’s Store, about four hundred yards from the Courthouse the said Poythress asked the said negro, Dick, whether he would be willing to serve him, as his master had offered him for sale, Dick agreed to go if he was to be sold; after that Robert Poythress applied to John Wormley to buy the fellow that he had offered and in my presence John Wormley made answer, you shall have the fellow as I proposed pointing towards the negro, Dick, and said there he is, he is yours, which Poythress agreed to; but I must have the fellow said Wormley until after my race is run as I first observed. Robert Poythress’s answer was if he would be of a any service to you until then you are welcome to him until then; but what the price was that Robert Poythress was to give I do not remember but from what I could understand from them, the negro was to pay the debt won of Wormley, and whatsoever was done after I never heard whether Wormley delivered the negro or not; until he was called on by Benjamin Hicks as a witness, and further this deponent saith not. “John Lucas” this deposition ordered to be recorded on the motion of the said Benjamin Hicks.Family EstatesIn December, 1745, in Charles City County, the Will of Samuel Harwood, Gentleman, deceased, was presented by Agnes Harwood, one of the executors, and proved by Peter Fontain, Robert Poythress and Mary Ann Minge. After Robert Poythress’ DeathJune 2, 1795, in Amelia County, Samuel Jordan, assignee of Robert Poythress, plaintiff, versus Edward Bland, administrator, in the right of his wife Lettice, of Nelson Jones, deceased, defendant, in debt. Abated by plaintiff’s death.

June, 1794, in Chesterfield County, Tabitha Randolph, of Chesterfield County, daughter of Robert Poythress, late of Prince George County, deceased, a deed to Henry Archer [son-in-law], of Chesterfield County, for £100, 1/5th interest in 8 negroes and their increase devised by her father, Robert Poythress, of Prince George County, in his Will dated May 24, 1743, in which Will said Robert Poythress provided that his wife should have a life interest in the said negroes and their increase should be equally divided between the three sons of the said Robert Poythress, viz. Robert, Peter and William Poythress, and such of the testators daughters as were married at the time of their mother’s death. The said Tabitha being married at the time of her mother’s death conveys this interest. In 1794, in Chesterfield County, Tabitha Randolph, one of the daughters and legatees of Robert Poythress, deceased, versus William Mayo, acting executor of Peter Poythress, deceased. The court ordered the commissioners to set aside to said plaintiff certain negroes out of the estate of Robert Poythress, deceased, with the increase since his death, and also estimate hire from the death of said Peter Poythress, and make report to this court. Summary Bill of Complaint. Elizabeth Poythress possessed herself of 12 slaves according to the will of Robert Poythress. She died many years after her husband, surviving her sons, Robert and William. The slaves then devolved to their brother, Peter. Until her death, Elizabeth Poythress lived with or near said Peter and he had management of her affairs. He was entitled to 3/5 of the slaves at her death in behalf of himself and his two deceased brothers, William and Robert. At that time, only 2 of the testator’s daughters were unmarried, the oratrix, Tabitha Randolph, and her sister, Elizabeth Gilliam. Peter continued to keep under his care the 8 negroes of which he was 3/5 owner. He died a few years past. William Mayo, Esquire, was the acting executor of the said Peter Poythress and continued to hold possession of the said 8 slaves, though often requested to give the oratrix her share. She desired an accounting of the 8 slaves and their issue and sex be given, then her 1/5 of said slaves and 1/5 of labor since the death of said Peter Poythress to be allotted to her.

Rebecca Lifesay Mitchell’s statement, in 1844, that Captain Poythress had “one only son that she knows of” contradicts R. Bolling Batte’s “lady of Memphis” who said that Robert died without issue. However, it is likely that Robert had some kind of heiress who would be the claimant Polly. Polly could either be the unmarried daughter of Robert Poythress or, to fit Mitchell’s story, Polly could be the wife of Robert Poythress’ “one only son” and still be the heiress of Robert. Polly Poythress, in her deposition, stated that she was submitting a claim for the land bounty due him for his service during the War. She stated that she was a citizen of Prince George County and that she was the heiress of Robert Poythress. She said that Robert was in the service of his country in the year 1776 in what was called the southern Regiment, that he continued in said service until his death in 1781, and that he was a citizen of Prince George County. After serving a while around Williamsburg, he went to the south and continued in said service until 1781 and died near Charleston. She knew of no other heirs of Robert but herself. Her deposition was dated April 24, 1835.

Highlights: Captain Robert Poythress (c. 1722-1781), Continental service, Revolutionary War

– born in Pr. Geo. Co., abt. 1722

– inherited all land his father lived on, 1,100 acres & 291 acres adj. Butterwood sw., 1743 (291 acres adj. Butterwood sw., Pr. Geo. Co. The 1,100 acres may have encompassed 350 acres at Indian sw. from Robt.’s father, John; 500 acres Pr. Geo. Co.; 100 acres Martin’s Brandon parish, Pr. Geo. Co.; 267 acres at Indian sw.)

– attested to Will of Samuel Harwood, Chas. Cty. Co., 1745

– Wm. Elder, Jr., s/s Butterwood sw. adj. Peter Wynne, Sam’l. Moore, Robt. Poythress, Pr. Geo. Co., 1746

– John Ornsby both sides Butterwood sw. & road adj. Goodwin’s corner in the County lines on s/s of sw. adj. Eaton. Ellington, Reece, over the road, adj. Claiborne, Watson, to the County, adj. Trent to corner in County line by road & along County line, Pr. Geo. Co., 1746

– Wm. Stone Will to Katherine Stone btwn. lines of Geo. Hill, Robt. Poythress, Richard Parr, Amelia Co., 1748

– Captain in Revolution under General Greene in the Continental service, 1776-1781

– deceased, Charleston, S. C., 1782

Slaves: inherited (9), Tom boy, Mingo, Charles, Judy, Bett, Jenny, Sarah, George & Boatswin (1743); waiter & horse handler, Dick (1772).

Neighbors: William Elder, Peter Wynne, Samuel Moore, John Ornsby, Eaton, Ellington, Reece, Claiborne, Watson, William Stone, Katherine Stone, George Hill, Richard Paar

Dinwiddie Co.

712 Peter Wynne Gent. 31 Oct 1716 [PB 10 p309] 355 ac. Pr. Geo./S side of butterwood Swamp

711 Robert Poythris of Pr Geo 28 Sep 1728 [PB 13 p377] 291 ac. Pr. Geo./lower side of Butterwood Swamp

176 Robert Glover of Pr. Geo. 28 Sep 1728 [PB 14 p15] 297a Pr. Geo./lower side of Butterwood Swamp

706 Samuel Moore of Pr. Geo. 10 Sep 1735 [PB 16 p234] 100 ac. Pr. Geo./S side of Butterwood Sw. adj Will

345 Rev. John Ornsby, Clerk 10 Jul 1745 [PB 22 p264] 384 ac. Pr Geo/btwn Butterwood & Tommahitton Swamps

97   William Eaton 20 Aug 1745 [PB 22 p446] 1,271 ac. Pr. Geo./both sides of Butterwood Sw.

710 William Elder jr. 28 Aug 1746 [PB 25 p183] 280 ac. Pr. Geo./S side of Butterwood Sw.

363 John Ornsby, Clerk 28 Aug 1746 [PB 25 p213] 1,703 ac. Pr. Geo./both sides of Butterwood Sw. & Road

347 Reverend John Ornsby  5 Sep 1749 [PB 27 p318] 584 ac. Prince George/btwn Butterwood

709 Peter Poythress 5 Aug 1751 [PB 29 p509] 324 ac. Pr. Geo./S Side of Butterwood Swamp

480 Peter Poythress 29 May 1780 [CGB A p328] nearly 13 ac. Dinwiddie/Bath Parish on S side of Butterwood