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.]
Because of it's 50 page length it is divided into several web pages:
LETTER | TOC | INTRO | SEC I | SEC II | SEC III | SEC IV - VII
I
THOMAS FOY, "Senior", possibly identical with the Thomas mentioned above, whose son, John, was born in Maryland, in 1726, and also with the Thomas who sold his Maryland land, in 1747, is first found in North Carolina in the Craven County land records as follows:
North Carolina - to all to whom these presents shall come, Greeting. I Samuel Field, of Onslow County and Province aforesaid, and Catherine, my wife, know ye, that I the said Samuel Field for and in consideration of forty five pounds sterling money of Great Britain, convey to Thomas Foy all that tract or parcel of land soituate in Craven County on the north side of Trent River, and containing three hundred acres .... to which we have set our hands and seals this 22nd day of December, Anno Domini, 1749.
(Signed) Samuel Fields
Catherine Fields
Thomas Foy was an innholder in Craven County, North Carolina, in 1754 and 1757, as appears from the following two records.
At a Court held in New Bern for Craven County on Tuesday, 14th of May, and 27th year of the reign of our Sovereign Lord George the Second and in the year of our Lord, 1754, Thomas Foy moves the Court for an order to keep an ordinary (Inn) on the Road that leads up Trent River where John Jones formerly kept an ordinary, which, on his entering his bond with Samuel McCubbin security, was accordingly granted.
Wednesday May 11, 1757, Thomas Foy asks the Court that he may have consent to renew his ordinary license.
Another record, two years later, mentions him:
Thursday May 12, 1759, ordered that Samuel McCubbin serve as overseer of the road from Thomas Foy's to Trent Bridge.
It was probably Thomas Foy, Sr., But possibly his son, Thomas Foy, Jr., who was the grantee in the following deed:
This indenture made the first Day of February in the year of our Lord, seventeen hundred and sixty, between Lemuel Hatch to Thomas Foy, Two certain tracts of land lying and being in said county on the south side of Trent river containing two hundred and sixty acres.
(Signed) Lemuel Hatch
Witness-
John Foy.
John Fonville.
Evidence that Thomas Foy, Sr., died before October 1761, is found in the Craven Court minutes:
At an Inferior Court of Please & Quarter Sessions .... New Bern .... Tuesday sixth day of October .... 1761 .... Court adjourned to 8 oclock tomorrow .... Wednesday Oct. 7th Court adjourns to 9 oclock tomorrow ...
Thursday October 8, 1761 . . . .
Admrs of Thos Foy)
v ) Debt
Moses Ventress )
The same Jury as in the Lasc
From the foregoing record it is evident that Thomas Foy, Sr., died prior to October, 1761, court session, and that the administrators of his estate had brought suit against Moses Ventriss for a debt due said estate. The fact that John Foy was not allowed to serve on this jury, as in the preceding case, indicates that he was an interested party, hence presumably a near relative of the said Thomas Foy. This, together with the facts that Thomas Foy had kept an "ordinary", or an inn, in 1754 and 1757, and that, according to Craven County Court minutes" :John Foy came inot court and prayed to renew his ordinary license, October 9, 1767, which was granted", indicates the high probability that the said John Foy was a son of the deceased Thomas Foy, Sr., and had succeeded him as an innholder.
Proof seems quite positive that that Thomas Foy, Sr., was the father of several Foys, whose activities were of about one generation later than his, and who are proven, by indisputable records, to have been brothers of each other. Especially important in this connection, is the fact that one of said brothers, Frederick Foy, Sr., in his will bequeathed to his son, Thomas: "one hundred acres of land lying on the head of Island Creek, and Horse pen pond, patented by Thomas Foy, Sen'r".
From the facts above adduced, and others to follow, it is evident that Thomas Foy, Sr., had five sons, (order of which is not known):
1. John, who succeeded Thomas Foy, as licensed innkeeper, in Craven County, in 1767. As suggested in the introductory notes, above, it seems possible that he was the John who was born in St. John's Parish, Baltimore County, Maryland, January 18, 1726, son of Thomas and Rebecca (Puttee?) Foy; but such identity is absolutely unproved. Possibly he was also the John mentioned as one of the traditional "three brothers, James, John and Frederic". The following surveys were evidently of his land:
North Carolina
Surveyed for John Foy 150 Acres Land in Craven County On the North Side Trent River near the head of Samuels Creek Beginning a Black Jack Peter Rhems Westermost Corner of his Patent Dated 25th April 1767. & Runs with his line No 17 Et 160 posle to a Stake his other Corner then NO. 73 ?? 150 po then so 17 Wt 160 pole then So 73 E. 150 polde to the Beginning _____
Chris Neal Surveyer
North Carolina December the 3rd 1770 Surveyed for John Foy Sixteen Acres of Land in the County of Craven on the Noreth Side of Trent River Joyning Thomas Murphys Daniel Simmons and John Stanalands Lines, Beginning at a Read Oak said Stanalands Corner in said Simmon's Line, Thence Running along sd Stanalands Line No 17d Wt 30 Poles to two samll White Oaks by his Cor in Pollocks Line, thence along Pollocks Line So 70d Et 96 Poles to Murphys in or swamp thence along Murphys Line ?? 30d W. 60 Poles to his Corner in Simmon's Line thence along Simmons's Line No 17d Wt 64 Poles to His Cor thence along his other line No 84d Wt 32 Poles to the first Station, Plotted by Scale 100 Poles the Inch.
Pr John Shepard Survr
A 1769 list of Craven County tithables includes John Foy, one tithable, with five male blacks, and two females blacks.
2. Thomas, doubtless the Thomas Foy who was witness of the will of Joseph Sanderson of Craven County, North Carolina, February 12,1774. Examination has been made of "the original of the Sanderson will in Raleigh and the Historical Commission, and same was date February 12, 1774, with Thomas Foy's name as one of the witnessess". Moreover, the will was proven "before Jo. Martin", whose term of office evidently did not begin until 1772 and extended to 1775, as found in abstracts of many other wills.
September 26, 1766, a patent was issued to Thomas Foy for 100 acres in Craven County bounded by Granada's line.
Craven County tithables, in 1769, included Thomas Foy, one white tithable, with four male blacks and six female blacks.
This Thomas Foy resided in Jones County, which was formed, in 1779, from Craven County. Following is a verbatim copy of his will:
In the name of God Amen. -
I Thomas Foy of Jones County and State of North Carolina being Sick & Weak of Body though of sound & disposing Mind Memory & Understanding & calling to Mind the uncertainty of this Life do Make Publish & declare My last Will & Testament in Manner & form following (To Wit)
I give and Bequeath unto my well Beloved Wife Elizabeth all the Cattle that was her Property before our Marriage also a Mare & Young Horse & one Horse Called Jack which were her property & Two others namely Brag and Ribband, also one Hundred Pounds in paper Currency & Twenty Barrels of Corn at the Plantation up Trent Together with all the Beds &c. & other Furniture which was her property at our Marriage and one other Bed Sheets Two Blankets & a rug. also Seventy Barrels of Corn where I now live & all my Meat but Three Hundred Weight. also four Sows & Pigs and one Third of my Sheep also one Third part of Plantation Utensils, and her Riding Aryicles
Item. I Lend to my Said Well Beloved Wife Elizabeth The part of the Plantation I now live on on the side of the Road Next my Present dwelling the sd Road to be the line during the Term of Ten Years or her Natural Life. - likewise I lend to my sd Wife Negroes Sam & Sarah also Sambo & Todge & his wife Eve, to have to her use & Benefit during her Natural life.
Item. I Give & Bequeath to my Brother James Foy the Negroes following Namely Joe Jacob & Ned, also Sall & her children Vizt: Anthony & Cato, Sue & her children Vizt: Dick & Sarah, Mull & her children Vizt: Primus Jude and Ceasar, Ruth & her children Vizt: George Miriam Joe & Charles, also Robin, Moll & Rana To him his Heirs & Assigns for ever -
Item. All the Residue of my Estate of any Nature or kind whatsoever Not hereafter excepted I Will & desire that it be equally divided between my Brothers James & Frederick Real as well as personal and such division I give to each of them their Heirs & Assigns for ever. -
Item. I Give to my Nephew Frederick Foy Son of Jacob Foy one Hundred Pounds to be paid him in five Years from this date out of my Estate in general.-
Item. It is my Will & desire that old Robin & his wife Sue be and remain free from Slavery ever hereafter.- Lastly I do Nominate Constitute & Appoint my Brothers James & Frederick Foy Executors of this my last Will & Testament hereby revoking all former Wills by me Made. In witness Whereof he the said Thomas Foy hath hereunto set his Hand & Seal this Eighth day of January in the Year 1788.
Thos Foy (Seal)
Witnesses: Jesse Sanderson
Edw Whitty
Elizabeth Simmons
State of North Carolina
Jones County Court December Term 1789
There was the aforegoing will and testament of Thomas Foy, dec'd. duly proved in open Court by the oath of Jesse Sanderson and Edward Whitty two of the subscribing witnesses and ordered to be recorded. At the same time James Foy and Frederick Foy the Executors herein named qualified as such agreeable to Law.
Ordered that letter testamentary issues accordingly.
Attest Lew Bryan, C.C.
3. James, born in 1732, died 1817-1823; served in the Revolutionary War as lieutenant and captain in the North Carolina line. D.A.R. records give his death date as 1817, but his will, dated September 15, of that year, was not probated until February, 1823. The Craven County tithables of 1769 include James Fou, two white tithables, with one male black and one female black. The United States Census, 1790, shows only one James Foy (Foye) in North Carolina (in Newbern District, Jones County), the printed copy of said census showing only one male over sixteen years of age (James, himself) no other males and no females. Possible the James "File" should be Foy, who in 1790, was in Wilmington District, Onslow County, had a family of two males of sixteen years upward (including himself), theree males under sixteen, five females and two slaves; there being no other "File" in the 1790 census of the whole state of North Carolina. D.A.R. records state that James Foy settled at Hicks Run, Onslow County, North Carolina. Following is a copy of his will:
In the name of God, Amen. I James Foy, Senior, of the County of Onslow and State of North Carolina; being of sound, perfect and disposing mind and memory, blessed be God for the same; Do this fifteenth day of September, in the year of our Lord Christ, One thousand eight hundred and seventeen, make and publish this my last will and desire is that all my just debts be paid as also my funeral expenses; and, as touching my worldly estate, wherewith it hath pleased God to bless my endeavors with, I will and bequeath in manner and form following, viz:
Imprimis: I give and bequeath unto my dearly beloved wife Elizabeth Foy my best bed and furniture, also the saddle and Bridle, one Bay mare and colt, two calves, two sows and pigs, one grubbing ditto, one round table, six windsor chairs, all the crockery ware, all the pewter, iron tea kettle, two iron pots, all the copper ware, that are in the house at the time of my decease.
Item: I lend to my wife for her sole use and benefit, during her natural life, the house and plantation where I usually reside at, as also fire wood and wood for use of the said plantation. And also, I lend unto my said wife, two negroes named Todge and Eve his wife during the life of my said wife Elizabeth; and at her decease, I will and bequeath unto my daughter Patsey Nixon, the aforesaid negroes Todge and Eve, to her and her heirs (lawfully begotten of her body) forever. Two negroes also pay debts.
Item: I give and bequeath unto my grandson Joseph Montford, as his mother had all the land and negroes that came to my first marriage, and was delivered to Lewis Montford for my daughters use, which I considered in full of my first wifes child portion, to him and heirs forever.
Item: Whereas I have made a deed of gift unto Thomas Foy son of Thomas Foy, deceased, bearing date 2nd June 1800, for the following negroes, viz: Sall and all her children &c. and I do hereby this my last will and testament confirm the above deed of gift and also one Dollar infull..
Item: I give and bequeath to my oldest son James Foy, Junior, three Hundred Pounds, and Yellow Joe. And I have given him a deed of gift for six negroes and other property, such as horses, beds, hogs, tools, &c. which have been all delivered to him at his marriage, and since, to him and his heirs forever.
Item: I give and bequeath to my son Enoch Foy one negro by name of Ruth, one by name of Sarah ditto Moll and her two children, their names are Ceasar and Frank as also a negro boy by the name of Joe, with the horses, cattle, hogs, beds and tools, put in his possession at his marriage, and all he got for the leased land on the west side of Shillings branch, Mill Creek in Jones County, I give to him & his heirs forever.
Item: I give and bequeath to my son Lewis Foy the seven hundred Dollars he got of my son Enoch for the lease on the east side of Shillings Branch, and a negro by the name of Peter, beds, furniture, Horses, cattle, hogs, tools and smith tools, to him and his heirs forever. Also I lend to my son Lewis Foy the following negroes for his support, as he is a cripple, viz: Dick & Ann, & Hannah & Ned and negro Fan for and during his natural life for his sole support, and at his death I give the said negroes I lend to son Lewis, to his heirs lawfully begotten of his body forever.
Item: I give and bequeath to my daughters Sereney all the household goods and beds she had in her possession when she married Golden, also I lend for and during my daughter's, Sereney's natural life, the following negroes by name Peter and Tamar and her child Moses. And also Nathan and Mary for her support, during her natural life and at their death I give said negroes, and Tamara increase, to be equally divided between the heirs lawfully begotten of her body forever.
Item: I give and bequeath to my son Frederick Foy, the following negroes Viz: Dave, George, Sall, Lott, and girl Alice and beds and such tools or stocks of cattle, hogs, as in her possession, and I have given her a deed of gift for the lands where my son James Foy now at present resides in this county, his heirs forever.
Item: I give and bequeath to my daughter Betsey Nixon two feather beds and furniture, and two cows and yearlings, one chest, and the following negroes viz: Mimy and her children of the following names, Simon, Sarah and Grace, and also Jack Lenea, to her and her heirs (lawfully) begotten of their body forever.
Item: Whereas I have paid unto my son Joshua Foy to the amount of sixteen hundred dollars, or thereabouts in lands, which has been sold and conveyed by me, and I hereby confirm the same to him and his heirs forever. Also I give and bequeath to my said son Joshua, two parcels of land on Mill Run, adjoining Wards and Corbetts, being four hundred acres more or less, to him and his heirs forever. And also the following negroes viz; Issac, Hannah, Duke, Charlotte, Nicey, Rose and Miranda, to him and his heirs forever.
Item. I give and bequeath to my son Morris Foy one bed and furniture, one bay mare and colt, one yoke oxen and chain, and further I give unto my said son Morris three hundred acres of land known by the name of Bear Garden and also two hundred acres of land where old Suck died, to him and his heirs (lawfully begotten of his body) forever, and also I hereby give unto my said son Morris, the following negroes viz; Douglas and Robin, Abb, Jack and Tony, to him and his heirs, as also one feather bed and furniture to him and his heirs forever.
After my wifes decease, my will and desire is that my lands I left to my wife during her natural life, being the lands I purchased of James Hobble and John Lester to my son Morris and his heirs and assigns forever, the residue not mentioned in my will to pay debts.
Lastly I constitute, make and appoint my sons Frederick Foy and Joshua Foy my whole and sole Executors to this my last Will and Testament, revoking all other wills and testaments by me heretofore made. And I do hereby desire my executors above mentioned to do their duty in full.
James Foy Senior. (Seal)
Signed and delivered in
the presents of
J.W.F. Blake & C.Sparkman
Onslow County
In Court, Feb, Term 1823.
This will of James Foy Senior was proved in open court by the oath of C. Sparkman, one of the subscribing witnesses and John Foy one of the executors herein named qualified thereto,
B. Lester, Clerk
By R.C.Lester,D.C.
NOTICE
Is hereby Given that James Foy Sener is Dead and that at the County Court held for the County of Onslow the first Monday in February 1823 that the subscriber quallified as Exector ot the Last will and testament of sd Decd and this is therefore to Notice all persons having claims against sd. Estate to Present them properly attested In the time Prescribed by Law or this Notice will be plead in Bar, And alsso for all this Indebted to the sd. Estate to make Immediate Payment or suti will be commenced against them Indizcriminately February 4th 1823.
Joshua Foy Exect
Wness L.T.Olney
B.Fonvielle
The following 1776 record presumably refers to this James Foy:
Jun 11, 1776 the following officer were appointed 'For the Wilmington Brigade: … No. 2 - For Onslow County - Ephraim Battle, Captain: James Foy, Lieutenant; William Shaw, Ensign.
James Foy married, in 1774, as his second wife, Elizabeth Ward.
Children
| i. | A daughter, [Elizabeth,] from the first marriage, probably died before September 15, 1817; married Lewis Montford [Mumford]. |
| ii. | James, "oldest son," probably the James whose son, James Mumford Foy, was born in New Hanover County (now Pender County), North Carolina. |
| iii. | Enoch, born May 17, 1777, died in 1846; member of the Legislature and State Senate; married (first) Lucy Foy, daughter of John Foy, his first cousin; (second) Aplis Sanderson; (third) Phoebe Sanderson; (fourth) Mrs. Rachel (Ellis) Hancock. |
| iv. | Patsey, (a daughter), married Mr. Nixon. |
| v. | Thomas died before September 15, 1817; had a son Thomas. |
| vi. | Frederick, born at a farm called "The Sugar Maple", near Hicks Run, Onslow County, North Carolina, March 28, 1785, died at his homestead in Onslow County, September 20, 1833. Following is a copy of his will and the codocil hereto: |
In the name of God, Amen. As it is the lot of all men to die and believing that time not far distant when it will be my lot to depart from the living take the present opportunity to dispose of my worldly goods which it hath pleased God to bless me with by this my last will and testament in the following manner, but before I proceed with my worldly goods I give my soul to Jesus my Savior with the hope of life eternal through his name. I leave my conjugal affection to my beloved wife Christian. I leave my personal affection to my children with direction to live soberly, righteously and Godly in this present world, using brotherly kindness, one toward the other.
1st. - I give to my beloved wife Christian a portion of my worldly goods as follows, that is my negro man Bob and his wife Rose and negro girl Sarah, to her and her heirs and assigns, also I give her my sorral horse Ball an my year old colt Henry, one saddle and bridle, my barouche and harness, one yoke of oxen and gear, plows, cart and wheels, two axes, tow grubbing hoes, two weeding hoes, loom and gear, and one half of the kitchen and smokehouse furniture, two beds and furniture, two chest bureaus, one mahogany table, two …. tables, and a half dozen Windsor chairs. I also give her tow cows and calves, three sows and pigs, eight head of sheep, sixty barrels of corn, six stocks of fodder, three of blade and three of tops, then bushels of peas, two thousand pounds of pork, the five bushels of sale,
2nd. - I lend my wife Christian for dower in lands during her life as follows, beginning at the south of the big ditch in the Higgins branch and running up said ditch to the cross ditch near the old cleared land, thence in the cross ditch to the sandy ditch that runs from the old cleared land, thence up said sandy ditch to the ridge, thence along the ridge to the middle fence that runs from the back of the yard to the swamp, thence up the fence to the road, thence with the road a small distance to the … woods ditch, and with said ditch around to the Higgins branch, thence down said branch to the beginning, including all the buildings, with privilege of fire wood and fallen timber on any of my lands. I also lend her during her widowhood my negro boy Shade.
3rd. - I give to my daughter Mary E. Smith four negroes by name Cossy, Major, Soley, and Rachael, and the one seventh part of the balance of the sale of my perishables after my debts are paid, to her and her heirs, if she die leaving no surviving heir of her body that one half of the above property or otherwise half of said negroes return to my surviving children.
4th. - I give to my daughter Eliza Ann Foy four negroes to be drawn from stock of negroes not before mentioned by valuation when she arrives of age or marrys one half of said negroes to return to my surviving children should she die leaving no heirs of her body also one seventh of the sales of my perishables after my debts are paid.
5th. - I give to my five sons by name Edward W. Foy, Frederick Hill Foy, James Harvey Foy, Christopher Dudley Foy, and Frederick Deacon Foy, all the remainder of my property both real and personal, to be divided by them by lot as they come of age.
6th. - Afer my wife's widowhood or death negroe Shade to go to my three youngest sons. I wish my Executors to sell all my perishable property and pay my just debts.
1st. -
[7th?] I have two hundred and seventy dollars cash to be paid first to the amount of my note in the Newbern Bank one hundred and to General Ward one hundred, my note I wish renewed with the sale of cotton once more in the bank which will give time for the sale of my whole crop in which time my whole debts can be paid, after my crop is all sold that is to be spared or by fattening my hogs and selling them fat &o then my negroes hired and land rented the uplands tended every third year, and low lands rest every third year, and children educated if possible with the income particular a good english education. Lastly in order to carry this my last will and testament into execution, I authorize Josiah Smith and my son Edward W. Foy my lawful executors. I must here explain, Eliza's negroes to be valued by and … lot with Mary's.Signed, sealed and acknowledged this 3rd Sept., 1833.
In presence of
Frederick Foy (SEAL)
Codicil to this will, that as my friend Josiah Smith refuses to be my Executor, that my brother Enoch Foy of Jones County perform that duty with my son Edward Foy and that my negro boy George be a loan to my wife in the stead of Shade and that my wife have my clock and my son Edward have my watch. Signed, sealed and acknowledged this 11th September, 1833.
In the presence of Frederick Foy (SEAL)
acknowledged before
Jno. Houston
Edmund Howard
| State of N. Carolina Onslow County | Court of Pleas in Quarter Session November Term 1833 |
Thus was the above will proven by Jno. Houston one of the witnesses who also proved the signing of Edmund Howard a subscribing witness thereto.
Frederick Foy married (first), April 11, 1809, Lency House, who was born February 18, 1791, and died September 16, 1820; (second), March 1, 1821, Christian Dixon, who died September 29, 1847.
Children (births per Bible record):
In the Nam of God Amen I Jacob Foy Being in a Sound mind and memory Though Week in Body & Calling I to mind the Uncertainty of this life Do make this my Last Will & Testament in Manner & Form Following Vizt first I wold Recommend My Soul to God That Gave It Hoping to Receive Mercy Through the Merits of our Saviour Jesus Christ 2d. I wold Recommend my Body to the Earth to be Buried in a Christan like Manner at the Descretion of My Executors & as for what Worldly Goods It has Pleas God to Bestow on me I wold Give in the manner & Form Following-
Imprimis
Itom I lend unto my Loving wife Elizabeth Foy the Plantation & land wher I know live During her Natral life
Itom I Give & Bequeath unto my wife one Negrow man Called Luke also one Negro Girl Called Vilet also one Negro Called Cate. also one Negro boy Called Peter also one horse Called maky one mare Called Tody also one yong horse Called Dick also six Cows & calves Also one youke oxen Called Buck & Duke also two for year old stears also two Good Beds & furniture & two Bed stands Also half Dozen Chars Also two Pr Iron traces one Plough & fluke also three Chist also two Cases of bottels also one PrIron wedges also two flats Irons also two axes also two hoes Also for Basons also ten Puter Plates Also three Dishes Also one teacittel Also all my Reading Books Also one Pr hand Irons also three Iron Pots also one Hand mill also one half of all my Hogs Also Half of all my Corn also all my foddow also all my Peas also all my flax & Cotten also All my Sheaps wool also half of all my Sheap also all the Spun Cotten Spun Woll & all the Spun flax & to also one wollen Wheel & one Linning wheel also one Ox Chart the above mechand I Give to her her ares & assines for Ever -
Itom I Give to my Son Frederick Foy the Plantation & Land where I know Live after my wife Elizabeth Foy Death Also one Negro woman Biner also one Negro Girl Sal also one Negro girl Hannah also one Negrow Boy Jes Also one Negro Boy Emanuel
And all the Rest of my Estate not all Ready Given away to him & his Assigns for Ever
Itom Give to my Son Frederick Foy all my money that I am Posed of Exsept twenty Pounds I give my wife Elizabeth Foy
Lastly I do Hereby nominate & appoint My Brother Frederick Foy and John Simmons Jur and Lemuel Hatch Jur Executors of this my last will & Testament Ratifiing & Confirming this to be & Contain my last will & Testament Revoaing & Disallowing all other wills
In witness whereof I have hereunto Set my hand Seal the 10th Day of Jany In the of our Lord 1786.
| Test Eml Simmons Cr Hatch Miriam Simmons | Jacob Foy (Seal) |
Proved in March, 1786 by the oath of Emanuel Simmons & Miriam Simmons.)
December 12, 1788, Elizabeth Foy deeded her son, Frederick, for natural love and affection, the parcel of land whereon the said Elizabeth then dwelt. In the transaction the names appear of Frederick Foy and John Simmons, executors of Jacob Foy, deceased.
Jacob Foy married Elizabeth, surname not known
LETTER | TOC | INTRO | SEC I | SEC II | SEC III | SEC IV - VII