Will of John Poythres – 1724

Deeds etc. 1713-28, page 706, Prince George Co. VA

Note 1: This is John Poythress, in other words son of Francis Jr. He and his cousin, John, both have wives named Mary. The surname of this Mary is unknown. The other John is married to Mary Batte. (Annotation by Diana Diamond).

Note 2: Prince George County was formed in 1704 from Charles City County. Prince George County lost land with the formation of Brunswick County (1720-1733), Amelia County (1735) and Dinwiddie County (1752). Subsequently, these counties were subject to boundary changes themselves. A chronological interactive map of Virginia county formation and boundaries (1632 – 1996) is available by visiting the Newberry Library’s Atlas of Historical County Boundaries. The Newberry Library’s site also provides a very useful Index of Counties and Equivalents with detailed histories of the formation and division of all Virginia counties from 1632 forward.

In the Name of God, Amen.-
I John Poythres of Martin Brandon parrish in Prince George County being
sick and weak in Body, but by the blessing of God in perfect sence and
memory, but calling to mind the uncertainty of this mortal Life, and
being desirous to Settle that small Estate it hath pleased Almighty God
to bless me with in this world, do ordain constitute and appoint this
to be my Last Will and Testament, revoking and makeing void all former
Wills heretofore by me made, and first and principally I bequeath my
soul into the hands of Almighty God, beseeching him to grant me full
pardon and remission for all my Sinns, through the merrits of Jesus
Christ my Saviour and secondly my Body to be buryed decently according
to the discretion of my Executors hereafter named.
Imprimis. I give and bequeath unto my son John Poythres, and to his
heirs Lawfully begotten for ever my Plantation whereon I now Live
containing one hundred Acres of Land, as also one hundred Acres of Land
adjoining, called Colebrooks, takeing in the Ivey point, so runing down
Hugh Evans Spring Bottom to William Stainbacks corner poplar, and also
I give and bequeath unto my said Son John Poythres, and to his heirs
Lawfully begotten for ever, my Tract of Land Lying on the South side of
the main Blackwater Swamp, not debarring his Brothers Francis and
William Poythres from getting of timber for their Plantations use, as
also giveing them Liberty to drive their Stocks of Hoggs and Cattle
upon the Land, if they shall think fitt, and if it should please God to
take him out of the world before he comes to the age of Twenty one
years, or without heirs of his Body Lawfully begotten, then my will and
pleasure is that my Son Francis Poythres should enjoy and possess all
the above said Lands as is mentioned, and to his heirs Lawfully
begotten forever.
Item. I give and bequeath unto my Son Francis Poythres, and his heirs
Lawfully begotten for ever, a tract or parcell of Land Lying at and
about the place called Brick Chimney’s, Binding upon my Son John
Poythres, and Brother Thomas Poythres Lands, so round the deep Bottom,
takeing in the whole Tract or Dividend of Land, and if it should please
God to take him out of the world before he arrives to the age of Twenty
one years, or without heirs of his Body Lawfully begotten, then my will
and pleasure is that my Son William Poythres should enjoy and posssess
all the above said Land mentioned, and to his heirs Lawfully begotten
for ever.
Item. I give and bequeath unto my two Sons John and Francis Poythres,
and to their heirs Lawfully begotten for ever, a Tract or parcel of
Land containing Two Hundred and Eighty Acres, joining to Thomas
Poythres Land, so running a South course over the horn branch, and so
binding upon John Young, Dorrel Young, and John Wininghams Land, to be
equally Divided betwixt my two Son John and Francis Poythres and to
their heirs for ever.
Item. I give and bequeath unto my Son William Poythres, and to his
heirs Lawfully begotten for ever,one Tract or parcel of Land containing
one hundred and fifty Acres, more or Less, binding upon Thomas Poythres
and Thomas Lovesays Land, formerly belonging to Joseph Patterson,
called Powells, and if it should please God to take him out of the
world before he arrives to the age of Twenty one years, or without
heirs of his Body Lawfully begotten, then my will and pleasure is that
my Son John Poythres enjoy and possess the above mentioned Land, and
his heirs Lawfully begotten for ever.
Item. I give and bequeath unto my Son John Poythres, a small featherbed
and furniture, six New _ushia Leather Chairs, one Chest, one Gunn, and
a mair, and young horse, and the increase of her for ever, to him and
his heirs for ever.
Item. I give and bequeath unto my Son Francis Poythres, a small feather
bed & furniture, one young mair about three years old, and her increase
to him and his heirs for ever.
Item. I give and bequeath unto my Son William Poythres, a bay mair, and
her increase, to him and his heirs for ever.
Item. I give and bequeath unto my three Sons, John, Francis and William
Poythres, all my stock of Hoggs and cattle, to be equally divided
amongst them, only what I shall give hereafter unto my Loveing wife
Mary Poythres, which is four cows and calves, and a parcell of Hoggs as
uses about Colebrooks, about twenty or thirty of them, and my will
further is that as much of the stock be Disposed of as will be of value
sufficient to enter and survey four hundred Acres of Land in the woods,
according to the discretion of my Executors, for my Son William
Poythres, and to be pattented in his name, and then the remaining part
of the stock to be equally divided between my three Sons, John, Francis
and William Poythres and their heirs forever.
Item. I give and bequeath unto my three Sons John, Francis and William
Poythres my three Negro’s named Betty, Judy & Grace,and their increase,
to be equally divided when my Son William Poythres comes to the age of
eighteen years, and my will and Desire is that my Son John Poythres
should have the aforesaid Negro’s, with their increase, in his
possession, when he shall attain to the age of Twenty one years, and
there to remain till my Son William attains to the age of Eighteen
years, then they and their increase to be equally divided between my
three Sons John, Francis and William Poythres, and to their heirs
Lawfully begotten for ever.
Item. I give and bequeath unto my Daughter Rebecca Poythres, my Negro
Man named Tom, and one featherbed and furniture, to her and her heirs
for ever.
Item. I give and bequeath unto my Daughter Elizabeth Poythres, my Negro
Boy named Jamy, to her and her heirs for ever.
Item. I give and bequeath unto my Daughter Ann Poythres, my Negro Boy
named Will, to her and her heirs for ever.
Item. I give and bequeath unto my Loveing wife Mary Poythres my Negro
Man mamed Seipis(?), one featherbed and furniture, four Cows and Calves
and a parcell of Hoggs uses about Colebrooks, and all my pewter, Brass,
and Iron, as I am possest with, and my two working horses, and all the
rest of the Small matters as is not mentioned in this my Last Will and
Testament, to her and her heirs for ever.
And Lastly I do constitute and appoint Robert Poythres and John
Woodleif pasture, my whole and sole Executors of this my Last Will and
Testament.

John Poythres Seald w’th. red wax.

Signed, Seald and acknowledged to be the Last Will and Testament of the
subscribed John Poythres, as it’s contained within this paper, in
presence of us}
Fran Epes Jun’r.
William Stainback
John Winningham
Signum.

At a Court held at Merchants Hope for Prince George County, on the
second Tuesday in May being the twelfth day of the said month, Anno
Dom: 1724.
The above written Last Will and Testament of John Poythres dec’ed. was
Exhibited into Court by Robert Poythres and John Woodleif his Executors
who made oath thereto,and it being proved by the oaths of Francis Epes,
William stainback and John Winningham, witnesses thereto, is by order
of Court, truly recorded. And on the motion of the said Robert Poythres
and John Woodleif, and their giveing Bond and Security according to Law
Certificate is granted them for obtaining a probate of the said Will in
due form.

Test Wm. Hamlin ClCur.

Submitted by Russell L. Lawrence. http://files.usgwarchives.net/va/princegeorge/wills/pythrs1.txt

Source note: Posted to the Poythress Rootsweb mailing list by Diana Diamond, 16 August, 2001.