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


 

II

FREDERICK FOY,SR., son of Thomas Foy, died a resident of Craven County, North Carolina, between November 1, 1813, and December, 1815. He was named executor of the will of his brother, Jacob Foy, of Jones County, North Carolina, dated January 10, 1785. By the will of his brother, Thomas Foy, of Jones County, North Carolina, dated January 8, 1788, he was given three negroes and was made a residuary heir (with his brother James) of the said Thomas' real and person property "not heretofore excepted". The United States Census of 1790 shows Frederick "Foye" as residing in Newbern District, Craven County, North Carolina, his family consisting of two males of sixteen years and upward, two males under sixteen and one female.

Frederick Foy, Sr., acquired seven grants of public lands in Craven County between the year of 1788 and 1791, and at the time of his decease owned over three thousand acres of land. His name appears frequently in the land records as either grantee or grantor of real property situate on both the north and south sides of the Trent River.

The Federal Census of 1790 includes Frederick Foye as the head of a Newbern District, Craven County, family, consisting of two males of sixteen years and upwards, two males under sixteen, one female, and twenty-nine slaves.

Following are records of two parcels of land surveyed for him in Craven County:

STATE OF NORTH CAROLINA

JOHN DALY,

Entry=Officer of Claims for Lands in the County of Craven.
To the SURVEYOR of the said County, Greeting:

You are hearby required, as soon as may be, to lay off and survey for
        Frederick Foy
a tract or parcel of land, containing Sixty acres lying in the County aforesaid. On the SO Side Trent River between Reidy Branch & Brices Creek Joining Samuel Hatches lines & his own lines & Richd. Dobbs Spaight's lines & Saml. Chapman's lines -
Observing the directions of the act of Assembly in such case made and provided for running out lands. Two just and fair plans of such survey, with a proper certificate annexed to each, you are to transmit with this warrant to the Secretary's office without delay.
GIVEN under my hand, at New Bern the first day of November Anno Domini, 1790.
                John Daly Ent. Taker

Surveyed this 3rd Day of January.1794 for Federick Foy a Track of Land Containing Sixty Acres in Craven County on the South Side of Trent River Begining at Radar Miles Corner Calld bot now Hatches & Runs South Seventeen East one Hundred poles to a pine then South Seventy East Two Hundred & Fifty poles to a pine in Speights line then with his line North Sixtyone West Sixty poles to Speights Corner in Goods line then With Goods line to his Corner then with Foys line to Hatches line then with his line to the Begining by Verture of a Warrant No. 655.
                George Lane Sr.

The grant for the above sixty acres was dated December 19, 1794, nearly a year later than the survey.

December 16, 1796, "Federick Foy of Craven County" deeded to William Taylor, "100 acres patented by Thomas Foy September 25, 1766, at his decease agreeable by his division placed by appointment pf the court into said division of Frederick Foy". He executed tow deeds to "Frederick Foy, Jr", who evidently was his son, [they were uncle and nephew] though not mentioned in his will:

Deed September 30, 1805, Frederick Foy, Sr. of Craven County, to Frederick Foy, Jr., of Jones County, for $3,000, John Granada's patent.

Deed January 2, 1809, Frederick Foy, Sr., of Craven County, to Frederick Foy, Jr., for 1650, too patents granted to Thomas Foy, deceased.

He is evidently the Frederick Foy named in the will of Emanuel Simmons, dated December 29, 1806, who bequeaths to his "grandchildren, the sons and daughters of Frederick Foy".

"Frederick Foy, Sr. and David Hatch appointed during June therm Craven County Court to divide the personal estate of Richard Kinsey, same sitting June 1815."

"Frederick Foy, Sr. one of the jury for Craven Co., N.C. March term, 1815".

Following is a copy of the will of Frederick Foy, Senior":

In the name of God, Amen. I, Frederick Foy Senior of the County of Craven in the State of North Carolina, Knowing the uncertainty of life and being of sound mind and disposing memory do this first day of November in the year of our Lord one thousand eight hundred and thirteen, make, establish and declare my last will and testament in manner and form following.

Imprimis-I appoint my friend John Stanley Esquire of Newbern, and my beloved son Thomas Foy Executors and hereby revoke all other wills by me at any time made.

Item- I give and devise unto my son Thomas Foy his heirs and assigns forever the whole of the tract or parcel of land called Seven Springs subject however to bequest hereinafter made. I also give and devise unto my said son Thomas Foy his heirs and assigns forever, one hundred acres of land lying at the head of Island Creek, and Horse Pen Pond, patented by Thomas Foy, Sen'r.

Item- I give and devise unto my son John Foy and his heirs and assigns forever the home plantation where I now reside with all the land on the east side of Reedy Branch including Mill seat, thence to the meaandors of various water courses of said branch to Knight's corner, thence westwardly until it joins the lines at the head of Island Creek, and the line of my one hundred acre tract ( hereintofore devised to my son Thomas ) thence eastwardly with my back line toward Brice's Creek so as to include all the land ( excepting only three tracts adjoining Brice's Creek ), between my lines, Durant Hatch Senior's lines, the lines of Jeremiah Parsons, Jones' line, with Jones' line to Hood's Creek, down the meandors of Hood's Creek to Trent River thence up the river and its various courses to Reedy Branch, I also give and devise unto my said son John Foy his heirs and assigns forever, one half acre lot and its water front lying in the town of Newbern between Muddy and Eden Streets.

Item- I give and devise unto my daughter Elizabeth the wife of Edward Mumford, during her natural life and no longer one hundred acres of the Seven Springs land. I give and devise to my said daughter Elizabeth her heirs and assigns forever, one half of the tract of land in the great pocosin at the head of Brice's Creek.

Item- I give and bequeath unto my daughter Maria Foy and her heirs and assigns forever the remaining half of the tract of land in the great pocosin at the head of Brice's Creek.

Item- I give and devise to my daughter Polly Foy her heirs and assigns forever eight hundred acres of land adjoining Brice's Creek where the old Mill is which I hold by deed. I give my daughter Frances Foy her heirs and assigns forever two tracts or parcels of land held by me under two deeds, one of three hundred acres and the other of five hundred acres adjoining the old Mill land and the lands of Durant and Ivy Hatch.

Item- I give to daughter Polly Foy during her natural life and no longer, one hundred acres of the Seven Springs land lying on the west side of Reedy Branch in Jones lines.

Item- It is my will and desire that all my negroes be valued and that they be equally divided between and among my children, share and share alike.

Item- I give and bequeath unto my sons Thomas and John Foy their Executors administrators and assigns all my horses, mares, mules, cattle, sheep, hogs and other stock and my farming tools, carts, wheels, ploughs, hoes, axes, chains or other plantation utensils to be equally divided between them share and share alike, excepting my blacksmith bellows, vises, 2 Screw plates or other blacksmith's tools which I give and bequeath to my son John Foy alone.

Item- It is my will and desire and I do hereby direct that if either of my said children should die without having heirs or an heir born in lawful wedlock his or her share in my real or personal estate under this will shall not descend or go to illegitimate offspring of said child or children, but shall descend or be distributed among my right heirs.

Lastly- It is my will and I do hereby direct that the second clause on this page of my will in which I have given and bequeathed to my sons Thomas and John my horses, mares, mules, cattles, hogs, sheep and other stock be so altered so as to admit and allow my four daughters Elizabeth, Maria, Polly and Frances to divide and share among them equally the one half of all my horses, mares, mules, cattle, sheep and hogs, I give and bequeath to my said four daughters to be equally divided between them. In testimony whereof I the said Frederick Foy Senior have hereunto set my hand and seal the day and date first mentioned above.

              Frederick Foy Senior (seal)

Signed, sealed, published and declared, by testator as and for his last will and testament in the presence of us who at the request of said testator in his presence and in the presence of each other have subscribed our names as Witnesses:

John Green
J. G. Stanley

State of North Carolina
Craven County
  Court of Pleas and Quarter
Session December
Term A.D. 1815

The last will and testament of Frederick Foy, Senior, Esq., was offered for probate and the due and legal execution thereof fy the testator was proved in open court by the oath of John Green, sen'r, who swore he saw the testator sign and seal and hard him declare said paper his last will and testament and that at the time thereof said testator was a sound and disposing mind and memory.

Ordered that the same be registered.
              Attest: J.G.Stanly, C.C.

[Handwritten marginal note pointing to the next four paragraphs says, "this is all incorrect - see my notes & the file Foy-Mumford Legal Opinion"]

Frederick Foy, Sr., was twice married, as is clearly shown in "An opinion for Mr. Amos Simmons," given in full in the genealogy fo (III) Frederick Foy, Jr., following.

The husband of Elizabeth, daughter of Frederick Foy, Sr., had the same mother as had Frederick Foy, Jr., and he (husband of Elizabeth) of course could not have married hereif she also had the same mother. Edward Mumford was a step-brother of his wife, Elizabeth Foy, but not a relative so far as is known.

As to the two wives of Frederick foy, Sr., a study of the 1790 Census which shows three probable sons, but only one female, the latter presumably a wife, though possibly a daughter (in which latter case he then must have been a widower), seems to indicate that his son, Frederick Jr., was a child of his first, and his daughter, Elizabeth, a child of his second marriage, but no absolute proof is found.

Frederick Foy, Sr., married, probably, (first), about, or before 1780, _________ (Simmons) Mumford, daughter of Emanuel Simmons. Emanuel Simmons, of Jones County, North Carolina, in his will, dated December 29, 1806, proved in February, 1807, made bequests as follows:

To wife, during her life, certain live stock, household goods, negroes and part of plantatiion, or $120 in lieu of said plantation and furniture.

to son Needham Simmons all lands except on piece, certain negroes, cattle, large Bible, etc.

To daughter Elizabeth Munford certain live stock and $100 and use of certain negroes.
[Marginal note reads, "Elizabeth Simmons m. (1)Jacob Foy. Issue: Frederick Foy, Jr. (2) Lewis Mumford Issue: Edward Mumford"]

to 'my five grandchildren sons & daughters of my son John Simmons' one negro and $200' - 'also I give unto Hister Simmons one feather bed to her & Her Hiers'.

To grandson Obed Simmons, a mare.

to granddaughter Prudence Hewet, half of a negro boy, $50 and two cows.

To granddaughter Sarah Oldfield the other half fo said negro boy, certain live stock and $40.

to granddaughter Asseneth Hatch a negro girl 'and in case of her death before her arrival of age or marriage to her Brothers & Sisters of the whole blood.
To grandson Buckner Hatch certain land, a boundary of which if the 'back line of John Simmons Patent'.

To 'my five grandchildren sons and daughters of Edmunc Hatch$125 to them or their heirs or survivors in case of death before their arrival of age'.

'I give and bequeath undto my grandchildren (son(s) & daughters of Frederick foy Two Hundred dollars in money to them their Heirs and Assgns of Survivors in case of death in non age'.

To my friend Caleb Smith $50.

To my son Needham one half of the debts due me etc.

Residue to all grandchildren living 'at the ratifying of this my last will'.

Executors, 'my son Needham Simmons & my Friend Fred. Foscue.

         (Signed) Eml Simmons

Witnesses: Fred-Foscue, Benaj Boagy and Dorey Bogy (her X mark).

(Recorded in Clerk's Office, Jones County, in Book A, No, 1, __. 286-287.)

[Marginal note pointing to marriage and first five children below says, "parts are wrong see my file & notes"]

Frederick Foy, Sr., married, probably (second), in early 1790's, name of this wife is not known.

Children: probably o fth first marriage, order of birth not known:

  1. Frederick, Jr., of whom further.
  2. Thomas, appointed an executor of his fathers's will in 1813.
  3. Polly, a legatee by her father's will.
  4. Frances, a legatee by her father's will.

Children, probably of the second marriage, exact order not known:

  1. Elizabeth, married, probably between June 24, 1811 and November 1, 1813, Edward Mumford, her step-brother, and a half-brother of her half-brother, Frederick Foy. Edward Mumford was mentioned in the will of his mother's brother, Amos Simmons, November 25, 1804, as not then "of lawful age". he made the following deed, no wife signing:

    Be it known that I Edward Mumford of the County of Jones and State of North Carolina, convey to Frederick Foy, Jr. consideration 1000 dollars, a certain parcel of tract of land situate in Craven County on the north side of the Trent River, said land having been willed to me by my uncle, Amos Simmons. Dated June 24, 1811.
                     (Signed) Ed. Mumford

    Elizabeth is mentiioned as the wife of Edward Mumford in her father's will, November 1, 1813. Further details regarding her descendants are given under Generation III, Frederick Foy, Jr., below.
  2. John
  3. Maria.
    the last two were both minors in 1816 when:

    Thomas H. Davis is appointed guardian for Maria Foy, and Asa Jones is appointed guardian to John Foy, children of Frederick Foy, Sr., giving security in the sum of then thousand dollars.

    John Foy, at least, was of age in 1829, when he executed a deed as follows:

    John Foy to Alfred Hatch, April 2, 1829, tract of land in Craven County, N.C. on south side of the Trent River, said tract having been left to the said John Foy by his father, Frederick Foy, Sr., the latter of whom devising in will various parcels of land estimated to contain about three thousand acres,

[The next section, or generation, III, starts on the next page. Since the above ended with a comma one has to wonder if there is not a page or two missing.]


LETTER | TOC | INTRO | SEC I | SEC II | SEC III | SEC IV - VII