Biographic Compilation by Mike Tutor, circa 2019
John Poythress (c. 1730 – bef. 4/1764), possible son of David Poythress (c. 1685-1739), 4th generation.
Compiler’s Note: John Poythress (c. 1730 – bef. 1764), father of Kirby, was born very early, at least by 1730, making him a descendant of the 3rd generation. We know the children of most of the 3rd generation so I looked at those for whom we do not have all of their children. David, Edmund’s father, had monetary problems. He sold his inherited land to his brother, Robert. Edmund was in trouble with the law for stealing horses. John and his son, Kirby, were on the lowest end of the economic spectrum. John was probably named for his grandfather. So far, we have socio-economic conditions, age and time frame, lack of education, naming practices for John, and I used a process of elimination based upon what we know about the children. John and his son, Kirby, were placed on the chart using “best evidence.” Additionally, Kirby’s wife, Mary, was listed as a “Poythress” in the 1810 census. Her son, Gideon, was listed as “Potess” in the 1830 census. So, it does appear that Kirby was a Poythress.
John Poythress died before April of 1764 when his children, Kirby (c. 1757-c. 1809/1814), Judith (c. 1759-) and William (c. 1761-) were represented in the Southampton County Court by Richard Kirby and attorney Richard Kello. The children were all under the age of 21 and were represented by their guardian, Richard Kirby. Kirby Poythress was the oldest son of John Poythress. If Richard Kirby was an uncle of the children, John Poythress’ wife may have been a Kirby which resulted in a child named Kirby Poythress.
John Poythress and his children and grandchildren all lived in Southampton County, Virginia, along the southern border of Virginia.
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.
John Poythress was not a son of all of the 3rd generation Poythress family members for whom the children are known and are documented. The least known 3rd generation Poythress was David Poythress who sold his 1712 inheritance, from his father, John Poythress, to his brother, Robert Poythress, in 1735, along with 250 acres of new land that he bought in 1723. David’s son, Edmund appeared in Court in 1740 and was granted administration of his father’s estate that was valued at £25/5/0. In 1745, Edmund was wanted for stealing horses and was last seen on the road to Carolina. David Poythress’ very small estate would not significantly enhance any of his children’s lives. It would appear that John Poythress was a younger brother to Edmund and a son of David Poythress and was probably named after his grandfather, John Poythress (c. 1640-1712). With a meager start in life monetarily and without parents, John, would have had a tough existence. His father, David, died about 1739 and it appears that John’s mother predeceased his father. It would also appear that John was raised by members of his mother’s family as non- Poythress surnames are all that are located in the records regarding his death and the guardianship of his children.
After John Poythress’ death
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.