Following is the results of some genealogical research done for Byron C. Foy in the mid 1930's. Some of what it says has been contradicted and disproved by later research, some is in dispute, and some serves as the basis for much of the current research.
[Comments in brackets were inserted by later researchers.] The original document attempted to underline all misspellings that were found in earlier documents so that typos could be differientiated. No attempt to do that was done here. If there is a typo it could have been in the historical documents on which this is based, in this document as found on paper, or inserted at the time of posting on the web.
The original document is 51 typewritten pages in length. Because of it's 51 page length it is divided into several web pages:
LETTER | TOC | INTRO | SEC I | SEC II | SEC III | SEC IV - VII
The section numbers correspond with the generation included in that section.
FOY
SMITH
BOYDSTUN
CRENSHAW
[Apparently these are the surnames of Byron Foy's grandparents. Only the Foy segment is included here]
Compiled by:
The Research Department
The American Historical Society, Inc.
New York, New York
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F O Y
The Foy family of North Carolina though, according to traditions still extant, descended from early Huguenot settlers of the Carolinas, may possibly have its origin in northeastern Maryland. The earliest known Maryland record of any Foy dates back to the 1680's. The Maryland Assembly, during its October-November, 1682 session, ordered paid "To ffrancis ffoye Ten pds of Tob" (to Francis Foye ten pounds of tobacco)--tobacco being then commonly used as currency. Another record of a Francis Foy in as follows:
*Account of Francis Foy, executor of the last will and testament of Daniel Johnson, late of Baltimore County, deceased, October 23, 1836 in which he charges said estate with various sums paid out."
According to a tradition current among the North Carolina Foys, "James, John and Frederic Foy were the three original brothers landing in this country from France," and "the mother of the three, whose surname was Miles, never came to America. Also according to tradition, one of the brothers (Frederic) settled in Maryland.
It seems quite possible that the original Foy settler in Maryland was the above mentioned Francis; that it was he who married a Miss Miles; and that they were the parents of Miles Foy. Land records at Baltimore show a deed of gift from Frances Grant to Miles Foy in 1728, and a power of attorney from Francis Foy to Miles Foy, in 1730. Other records of Miles Foy (born about 1674, died in 1751) and of his wife Frances (born about 1876, died in 1756) are as follows:
The Proceedings of the Council of Maryland in 1736 include the deposition of "Miles Foy of Baltimore County Wool comber aged about Sixty two years," who, being sworn, "saith that about a fortnight ago he this Deponent being imployed in his Trade of a Wool comber by a Certain Elisha Gatchell One of the Justices of the Peace in and for Chester County in the Province of Pensilvania," etc. Sworn October 7, 1736.
[Handwritten marginal note reads, "Foys lived in Eceleston (?) Lancaster Mio (?) Eng (?) in early 1700's - this was a wool producing region."]
Miles Foy,, Thomas Cresap, and two others were brought "in Irons to Philadelphia Prison," Friday, November 26, 1736, during the violent controversy over the boundary line between Maryland and Pennsylvania. On December 24, 1836,
[almost certainly 1736 is meant here] in Baltimore County, in the same boundary dispute, "Frances Foy Aged 60 years," deposed that "as she was sitting in her own house (not very far distant from Captain Thomas Cresap's) and being alarm'd by the noise of two guns left her house and went down to Cresap's," etc.[Handwritten marginal note reads, "a book has been written on Cresap, an original settler of Baltimore Co, MD."]
Frances Foy was also mentioned in the depositions December 27, 1736, of Rachel Evans, aged thirty years, who also lived near the Cresap's and Foy's.
Following are verbatim copies of the wills of Miles Foy and his widow Frances:
In the Name of the father and of the son and of the holy Ghost Amen. I Miles Foy of Baltimore County Planter and Coomer by the Will of God taken sick and Weak in Body but in perfect Sound Memory and Common sence under the protection of Jesus Christ I Justly make this my last Will and Testament in Manner and form as followeth and desires it may be truly taken so and Recorded in Law firstly I humbly Bequeath my Soul to God that gave it and to Jesus Christ that redeem'd., it and to the Holy Ghost that sanctified it next my Body I desire to be buryed Christianlike Manner at the Roman Chapple under the Care and Conduct of my heire and Executor hereafter Mentioned and after my funeral charges is paid I give and Bequeath as followeth.
21y. I doe give and leave unto my beloved Wife Frances Foy one hundred and fifty Acres of Land called Eigtropp close upon Suskahanna in Baltimore County during her Natural Life and then the above Mentioned Track of Land to be peacebly left and given unto my Right heire and sister Meary Foy her heirs or Assigns if she or they will ever claim Right or Title to the said Land if otherwise it Justly and must be left to Winifred Sullivan her heirs or Assigns forEver and Ever, 31y, I freely give and leave unto the said Winifred Sullivan her heirs or Assigns a Bay Mare saddle and Bridle of mine called Fenix a cow called Mad'm. and two stears clear of all charges, 41y. I give and leave unto Daniel Sullivan his heirs or Assigns the number of hoggs belonging to me clear of all manner of persons as alsoe my own cloaths or any other necessaries belonging to me fully I give and leave unto the said Daniel Sullivan his heirs or Assigns likewise I forgive said Sullivan the two years Rent he was liable to pay unto me Yearly out of the above Tract of Land and no Manner of person must mollest or hinder the above mentioned Sullivan till his Lease is expired as here mentioned and confirmed I chuse the said Daniel Sullivan to be my Executor of this my last Will and Testament Written in the Year of Our Lord God one thousand seven hundred and fifty one In Wittness whereof I have hereunto set my hand this Eighteen day of November 1751,
Miles X Foy (Seal)
his mark
Witness present-
John Scarlett; Jno. Beard; Robert X Ellet
his mark
On the Back of the foregoing Will was thus written Vizt.- December 9th, 1751 Jno. Scarlett, Jno. Beard and Robert Elliot three of the Subscribing Witnesses to the foregoing Will being duly and Solemnly sworne on the holy Evangelist of Almighty God depose and Say that they all Saw the Testator Miles Foy Sign the foregoing Will Jno. Beard and Robert Elliot heard him publish and declare the Same to be his last Will and Testament that at the time of his So doing he was to the best of their Apprehension of Sound and disposing Mind and Memory and they Subscribed their Respective Names as Witnesses to the said Will in the presence of said Testator and at his request.
Sworn before W. Young D'Comry of Baltimore County.
In the name of God Amen- I Frances Foy of Frederick County in the Province of Maryland being in right health and of Sound desposing mind and memory and knowing that it is appointed for all persons once to Die do make and ordain this to be my last Will and Testament in manner and form following:
Imprimis I recommend my Soul unto the hands of Almighty God and my Body to be decently buried at the Discretion of my Extrx. hereafter mentioned. I give and bequeath unto my loving Grand Child Sarah Housermet of Frederick County of the Province aforesaid her heirs and Assigns forever all my Estate of what nature soever both real and personal and I do constitute and appoint her the said Sarah Housermet whole and Sole Extrx. of this my Last Will and Testament revoking hereby all former Wills heretofore made by me. In Witness whereof I have hereunto set my hand and seal this twenty third day of September one thousand and seven hundred and fifty Six.
her
Frances F Foy (Seal)
mark
Signed sealed published and Declared to be her Last Will & Testament in presence of - Wistall Ridgley; Nathaniel Walker; William Ridgley.
On the back of the aforegoing will was thus written Vizt.-December the 14th. 1756. Came Wistall Ridgley, Nathaniel Walker and William Ridgley the Subscribing Witnesses to the within Will and made oath on the Holy Evangels of Almighty God that they Saw the Testatrix Frances Foy sign the within Last Will and Testament that at the time of her so doing she was to the best of their apprehension of Sound and disposing Mind & Memory and that they Subscribed their respective names as witnesses to the said Will in the prescience of the said Testator and at her request.
Sworn before Reverdy Ghiselin, Depty. Comry of Fred. Co.
From the foregoing it is evident that Miles Foy had a sister 'Meary Foy' living in 1751, and perhaps a sister Winifred, wife of Daniel Sullivan (relationships of the Sullivan conjectural). Also, it is noted that his widow has a granddaughter Sarah Housermet.
Though Miles Foy was of Baltimore County in 1751 and his widow was of Frederick County in 1756, the two counties adjoined each other until 1836, when Carroll County was organized. Identity of name suggests a possible relationship between the Francis Foy who was in Maryland in 1682, as mentioned above, and a Francis Foy of North Carolina, whose known record is as follows:
'Attachment against Daniel Sullivan for contempt of court in not obeying an order to answer libel and complaint of Frances Foy, widow of Miles Foy, late of Baltimore County. January term Frederick County, Maryland, Court, 1754.'
[Could "Damson" and "Daniel" both really be "Damsel"?]
Much interest attaches to one Thomas Foy who, with wife Rebecca, had a son John born in St. John's Parish, Baltimore, January 18, 1726. The wife was perhaps the daughter of Peter Puttee, of Baltimore County, who in his will dated October 5, 1733 bequeathed to his son Lewis and his five daughters, two of whom were Cathrein Miles and Rebecca Foyy, each five pounds and one slave, and to his wife Rebacca the remainder of his estate.
The Maryland Assembly, during its May 1 - June 4 session, in 1744, passed "An Act for the Relief of --- Thomas Foy, a languishing Prisoner in Talbot County Goal" (Gaol, or Jail) and five other men, in various other counties, the preamble of which reads, in part:
"Whereas, the said --- Thomas Foy --- (and others) by their humble Petition --- have set forth, that they have continued Prisoners for Debt in the Custody of the Sheriffs of the several Counties aforesaid, and still continue in the like deplorable Circumstances, and not being able to redeem their Bodies with all the Estate or Interest that they have in the World,---unless relieved by a particular Act Passed in their Favours,---they must inevitably continue Prisoners for Life."
The Act provided for the said prisoners' release, under certain very rigid conditions, one of which was that if unmarried and having no family, their time for five years might be sold, and the proceeds applied toward payment of their debts.
Thomas Foy, of Baltimore County, sold in 1747 to George Hitchcock, one hundred acres of land called "Tracey's Park." No further record of Thomas Foy has been found in Maryland records, and it seems possible that he was identical with the Thomas Foy who, two years later, bought land in Craven County, North Carolina, and whose history is given below.
Reverting to the tradition that Frederick Foy, one of the "three brothers," settled in Maryland, it is noted that the probate records at Baltimore include the wills of a James Foy, December 20, 1815, and of a Frederick Foy, Sr., whose will devising all his estate to Frederick Foy, Jr., was probated November 13, 1838.
LETTER | TOC | INTRO | SEC I | SEC II | SEC III | SEC IV - VII