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
III
FREDERICK FOY, JR., though he was not mentioned in the will of Frederick Foy, Sr., in 1813, nevertheless appears to have been, almost certainly, his son.
[This last phrase, "almost certainly, his son." is marked out with a red pen and in the margin it says, "WRONG.] His father may have given him a portion of the paternal estate when he became of age, or may have known that the half of "all my lands in Craven County," given to Frederick Foy, Jr., by thewill of his uncle, Amos Simmons, in 1804, was fully ample for all his needs. [Marginal note says of this last sentence, "This is our FF."] Study and comparison of all the various records found of Frederick, Sr., and Frederick, Jr., conforms the belief that in this, as in the great majority of cases, the designations of "senior" and "junior" indicate the relationship of father and son. [Note in margins says, "WRONG" concerning the last sentence. This typist concurs with marginal note. Senior and Junior usually meaning Father and Son is true only in the twentieth century, not the eighteeth or nineteenth. That researchers at the American Historical society did not know this is amazing.]Frederick Foy, Jr., was born, probably in Craven County, North Carolina, evidently son of Frederick, Sr. and ____________ (Simmons) Foy, of that county.
[Most of last sentence marked out by red pen with marginal note saying, "Not our FF."] He died a resident of Onslow County, North Carolina, in or before August, 1827. The following sill, land transfers, and other records evidently all relate to him: [marginal notes indiecates the last statement about all relating to him is wrong]"In the name of God, Amen, I Amos Simmons have this 25th day of November 1804, appointed and constituted Needham Simmons, Joseph Sanderson, Jr. and Frederick Foscue, my Executors, to carry out this last will and testament into execution, they being visited with such powers as in all csae requisite. I will that my Executors keep my Horses and stock on the Plantation, or do in any manner they shall think proper until the payments of all my debts and then to do as heretofore mentioned. I give Obed Simmons, Amos W. Simmons, and John P. Simmons, a tract on the north of Trent river, I give to Frederick Foy, Jr. and Edward Mumford,
[Children of Elizabeth Simmons Foy Mumford. This is our Frederick Foy, Jr.] all my lands in Craven County, with this restriction, that if Edward dies before he arrives at lawful age, having no lawful issue, then his part to descend to Frederick Foy, Jr. in order to Exclude the half flood on the father's side. I give to Lavender Simmons, one negro man, Caesar, to have possession immediately after my death. I give to Needham Simmons all my estate, both real and personal, which have not been given away in the proceeding clauses.Wit-Elizabeth Mumford,
L. Simmons. Probated Jones Co., N.C. Feb. term, 1805
(Signed)
A. Simmons."
"James McKinlay, October 20, 1806, plantation of land on the North side of the Neuse river, too Frederick Foy, Jr."
Two and a half years later he sold a part of the land inherited from his uncle:
"Frederick Foy, Jr., of Craven County, April 24, 1809, to Joseph Hatch of Jones County, in consideration 130 pounds North Carolina currency, fifth two and one-half acres formerly owned by Amos Simmons."
Two years later he purchased land from his half-brother, who soon after was also his brother-in-law:
"Be it known that I Edward Mumford of County of Jones and State of North Carolina, convey unto 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.
Two transactions, a sale and a purchase, were made in 1814:
"Be it known that I Frederick Foy, Jr. of Craven County, in consideration of the sum of four thousand dollars paid to me in hand by Jacob Dudley, of Jones County, convey unto him, the said Jacob Dudley, 600 acres of land lying and being on the north side of Trent River in Craven County. Dated January 12, 1814" (Signed) F. Foy, Jr.
[Once again that is a transistion that makes this typist suspect missing pages. The following section has not introductory sentences as all the others in this passage do.]
"James Reynolds and Elizabeth, his wife, one of the heirs of Frederick Harget, deceased, August 9, 1814, all their interest in said Harget's estate to Frederick Foy, Jr."
Frederick Foy, "Junior," was among the magistrates appointed to receive the lists of taxables for Craven County, in June Court, 1815. The last time his name appears with the "Jr." addes is in a deed:
"Frederick Foy, Jr. of Craven County, to Nathaniel Jones, certain Tract of land lying and being on the north side of the Trent River in said county, May 30, 1816."
A deed from Frederick Foy to Nathan Jones was ordered recorded in Craven County, North Carolina, September term of Court, 1816, the said Frederick apparently being identical with the aforesaid Frederick Foy, Jr. since Frederick Foy, Sr. was then deceased.
The following evidently refers to the line of the Harget estate mentioned in the August, 1814, transaction, above:
"Be it known that I Fredeick Foy, of Craven County, in consideration fo the sum of sixteen hundred dollars in hand paid me by W.F.Clark, convey unto the said W.F.Clark, a certain tract of land in Craven County bounded by Harget's line, this 10th day of May, 1818." Recorded in May term of Craven County Court, 1824.
Much light is thrown on the maternal ancestry and descendants of Frederick Foy, Jr., by the wills of his grandfather Emanuel Simmons and of his uncle, Amos Simmons, quoted above, and by the following legal document:
An opinion for Mr. Amos Simmons
I am informed that Fred: Foy Senior, by deeds, gave to his daughter Elizabeth, a tract of land in Jones County. That Elizabeth Foy married Edward Mumford -- that the issue of this marriage was an only daughter, Maria Mumford--
that Edward Mumford, who owned thelands in his own right, devised the same in the words, viz: "I give all my lands to my daughter and if she dies before she has a child lawfully begotten of her body, and to live, to descend to my brother Frederick Foy's children to them, their heirs and assigns--"
That Elizabeth the widow of Edward Mumford, married Amos W. Simmons, that the only issue of this marriage was Betsy Ann Simmons who survived her mother, Elizabeth, and is now living. -- That Maria Mumford married Nath. Waples and died leaving a daughter surviving her, who is also dead. I am further informed that, the relatives of the child of Waples by Maria Mumford are -- First -- the children of Frederick Foy, Jr., who was the brother of her grandfather, Edward Mumford, by the same mother. Second -- Her aunt, Betsy Ann Simmons, who was the half sister of her mother Maria Mumford and Third -- Her half sister, the daugher of Mr. Waples, by a prior marriage. I am asked who are the legal owners of the lands devised originally from F. Foy senior -- and Edward Mumford -- and answer under our Canons of Descent, Mr. N Waples, as the parent of his decesed daughter, has a life estate in all the lands claimed by his wife under the will of Mumford -- and Mr. Waples has also a life estate in one half of the Foy land -- That at the death of Elizabeth, the wife of E. Mumford, one half of the Foy lands descended to Betsy A. Simmons, and the other half to Maria Mumford--That Betsy A. Simmons now owns the whole of the Foy Tract as she is the aunt of Waples' daughter and one of the blood of Frederick Foy, from whom it descended to Maria Mumford, subject however, to the life estate of N. Waples in one half of the tract that the (a word is illegible) children of F. Foy, Junior, being of the blood of Mumford are entitled to the Mumford lands after the death of N. Waples in preference to Waples daugher by his first marriage.
November 7, 1839 J. G. Stanley.
During the August, 1827, term of the Court of Pleas and County Sessions, of Onslow County, North Carolina, it was "Ordered that John R. Foy be appointed guardian of Amos, Eliza, Margaret Ann (probably Margaret Jane) Harriet and Amanda, children of Frederick Foy, and that he give bond of the sum of Four Hundred Dollars securities, with Houston Roberts and Richard Roberts securities."
Further records in settlement of the estate of Frederick Foy, Jr., are as follows:
Know all ye by these presents that we Amos S. Foy of the county of Choctam and Eliza Miller formerly Eliza Foy and Amanda F. Miller fromerly Amanda F. Foy and Margaret Jane Walton formerl Jane Foy of the County of Carroll, and all of the State of Mississippi, children and heirs at law of Frederick Foy deceased late of the county of Jones and State of North Carolina have nominated constituted and appointed and do by these presents nominate constitute and appoint William Foy Esquire of the said County of Jones our true and lawful attorney for us and in our names to contract for, bargain sell and convey in fee simple unto such person or persons and for such prices as he may deem best for our interest all our right title interest and estate in and to certain tracts or parcels of land lying and being in the County of Jones aforesaid adjoining the lands of Amos. S. Simmons and others, and being th same devised to his daughter Maria, afterwards the wife of Nathanial Waples. And we authorize and empower our said Attorney to make seal and deliver in our names and for us all paper and necessary deed adn conveyances with all suitable and apt convenants for the sale and assurance of the said lands unto the purchaser or purchasers therefo in fee simple, And we further authorize and empower our said Attorney to demand and sue for and receive from any person indebted therefor all such sums of money as may be due to us or any of us for rents or the use and occupation of the said lands, and all proper receipts and acquaintances to make for the same. And we the said Amanda, Eliza, and Margaret, do each for us authorize and empower our said Attorney for us to pay unto the said Amos L. Foy alll such sums of money for the proceeds of the sale of said lands or rents which may be our part thereof unto our brother, the said Amos in full discharge thereof, and we hereby ratify and confirm whatsoever our said Attorney may do in our names in the premises. In witness of all which we have hereunto set our hands and affixed our seals this eighteenth day of September, A.D. 1854.
| Signed sealed and delivered in presence of Lewis Miller |
A.S.Foy Eliza Miller Margaret J. Walton A. F. Miller |
(Seal) (Seal) (Seal) (Seal) |
September 17, 1853. Amos S. Foy, Eliza Miller, Margaret J. Walton, Amanda Miller, by William Foy their attorney for $1333.00 sold to Edward F. Sanderson 4/6 of a tract of land on Main Road to New Bern. North side Trent River. Adjoining lands of Amos L. Simmons, John Messer, Eliza Duval, and the said Sanderson's.
September 17, 1853. Amos S. Foy, Eliza Miller, Margaret J. Walton, Amanda Miller, by William Foy their attorney to Amos L. Simmons $2000.00 4/6 of a tract of land on north side Trent River know as River Plantation, formerly property of Edward Mumford.
April 25, 1854. Same as above to Amos L. Simmons $500. Island in Trent River know as Round About "All our right and title."
June 13, 1855, Margaret J. Walton, Eliza Miller and Amanda F. Miller, of Mississippi, daughters and heirs at law of Frederick Foy formerly of Jones County, North Carolina, empower William Foy, Esquire, to turn the money for sale of lands direct to J. F. Miller of Tascahome, Tallahatchee County, Miss., because Amos Foy their brother is now residing in the State of Texas.
No positive proof is found as to when and whom Frederick Foy, Jr. married, but he seems to have been of the right age, and a resident of the right county, to have ben the one of the name who married in Craven County, North Carolina, in 1801. An abstract of the marriage bond follows:
Sate of North Carolina, Craven County.
"Know all men by these presents, that we Frederick Foye, John C. Bryan & M. Stanly are held and firmly bound unto his Excellancy Benj. Williams, Esquire, Governor ---(1500)---Sealed with our seals, and dated this 26th day of March A.D. 1801----the above bounden Frederick Foy hath made application for a license for a Marriage---between him and Alice Fulford of the County aforesaid.---
| Signed and delivered) in presence of) Saml Chapman |
(Blank) M. Stanly J.C.Bryan |
(Seal) (Seal) (Seal) |
Alice Fulford's age, birth and death dates, and ancestry, are all unknown. One Alice Fulford, perhaps of an earlier generation, was a grantee of a Craven County deed, evidently several years prior to 1800:
"George Fulford and Sarah, his wife, for the love and affection they bear to their daughters, Alice and Sarah Fulford, make over to them a house and lot in New Bern, together with household furniture, negroes, etc."
Possibly the Alice who married Frederick Foy was a daughter of Sarah Fulford, whose household is recorded in the 1790 census of Newbern District, Craven County, as consisting of three white females and two negroes. The 1814 deed of James Reynolds and wife Elizabeth, to Frederick Foy, Jr., suggests the possibility that the wife of the latter may have been a relative of Mr. or Mrs. Reynolds.
Children of Frederick Foy, Jr., probably were:
LETTER | TOC | INTRO | SEC I | SEC II | SEC III | SEC IV - VII