The Foy's of Craven, Jones & Onslow Counties, NC, and Their Descendants.
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CHAPTER NINE

JAMES FOY, SR
(1737=1822)

Of all the FOYs in our family history, JAMES FOY is probably the most famous. More research has been done regarding him and his issue than any other FOY. One of the reasons for this exhaustive and prolific research on JAMES is because of an organization called the DAR, or the DAUGHTERS OF THE AMERICAN REVOLUTION, also called the NATIONAL SOCIETY OF THE DAUGHTERS OF THE AMERICAN REVOLUTION.

The DAR was founded in Washington, D.C. in 1890. It was chartered by Congress in 1896 and must report to Congress each year. It has around 200,000 members and more than 2,900 chapters in the United States and other countries.

The headquarters of the DAR consist of three adjoining buildings at 1776 D St. NW, Washington, . D.C., The Memorial Continental Hall houses one of the largest genealogical libraries in the United States. It also has 28 State Rooms that are furnished in historic American styles. The Administration Building houses the society's business offices and a museum. Constitution Hall is an auditorium where the society holds its annual Continental Congress and where many of Washington's cultural events are held.

The DAR is an organization of women directly descended from persons who aided in establishing American independence. Women over 18 years of age who can prove such descent are eligible for membership. The chief goal of the DAR is to teach and promote good citizenship among youths, adults, and immigrants. Its programs promote appreciation of the past, patriotic service in the present, and educational training for the future. The DAR helps preserve historic shrines that keep alive the memory of men and women who won American independence. It encourages the study of American history, and maintains relics and records of early America.

Membership in the DAR requires a detailed and complete record of ancestry for an applicant from someone directly involved in the Revolutionary War for Independence to the present. This ancestry is carefully scrutinized and membership is a very honored status. It is partly because of the rigid requirements of the DAR that much of the research done on JAMES FOY and his issue is so accurate and abundant.

Each of you women who are descendants of JOHN ELON FOY are eligible for membership in the DAR.

JAMES FOY, SR was born in Baltimore County, Maryland in 1737. Some researchers claim he was born in 1732, however, according to a newspaper item appearing in the December 13, 1822 issue of the Raleigh Register "Major JAMES FOY, in the 85th year of his age died in Onslow County on the llth. He lost his wife only 12 day previously."

If he had been born in 1732, as some claim, he would have been 90 years old when he died; if born in 1737 he would have been 85.

Records regarding JAMES FOY, SR, besides being confused by records which actually refer to his son, also named JAMES FOY, are most definitely confused by the fact JAMES FOY, SR seems to have married two cousins, each named ELIZABETH WARD.

Many researchers have attempted to solve the dilemma of the two ELIZABETH WARDS. The best solution to that problem I have seen is one by DR EUGENE CHESSON previously mentioned. DR CHESSON compares the wording and dates of several wills and other documents and reaches the following conclusion:

"Possibly he married his first wife, ELIZABETH, about 1760, a daughter of RICHARD WARD, a grandson of COL. EDWARD WARD of Onslow County. ELIZABETH died sometime before 1766 leaving him a widower with one daughter also named ELIZABETH.
Other researchers claim that the "other ELIZABETH" was the grand daughter of RICHARD and DOROTHY WARD, the great grand daughter of COL, EDWARD WARD, She and JAMES FOY, SR were married in about 1774.

JAMES FOY, SR and ELIZABETH owned the first of several large plantations to be owned by FOY families. It was called THE SUGAR MAPLE and was located in Onslow County, North Carolina.

The REVEREND MILES FOY, a grandson of JAMES FOY, SR's, in a letter dated March 14, 1891 to his cousin, C. E. FOY in New Bern, North Carolina gave the following description of JAMES FOY, SR: "He was a fine looking man, about six feet in height, well proportioned, dark hair and eyes."

JAMES FOY, SR was a member of the Church of England which later became the Episcopalian Church after America won its independence. His relatives were members of the Episcopalian Church, other Protestant denominations, and the Roman Catholic Church.

The most significant records collected relating to JAMES FOY, SR concern his military record during the American Revolutionary War, Information from those records and news items discussed concerning the war and the battles JAMES fought in will be discussed in the next chapter.

Much about a persons life can be learned from reading his will.

The above is the beginning paragraph of JAMES FOY, SR's will as it appears on official North Carolina records. It is not the writing of JAMES FOY, SR or even a member of his family or a friend. It is, however, a copy of a portion of his will as contained in official records in North Carolina.

There was no carbon paper, no typewriter, no copy machine, or any other method of reproducing documents at the time JAMES' will was filed with the courts for probate, All filed documents were copied by hand and, thus, became a part of the official court records. The handwriting seen above is probably that of a civil servant of the court, I got a copy of the complete will of JAMES FOY, SR from microfilm at the Mormon Genealogical Library in Salt Lake City, Utah. The text of that will, dated September 15th, 1817 is as follows:

"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 yoke of oxen, two weeding hoes, one grubbing ditto, one plow, two clevices and ox chain. 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 said plantation. And also I lend unto my said wife two Negores 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 Betsey Nixon, the aforementioned Negroes Todge and Eve, to her and her heirs (lawfully begotten of her body) forever, two Negroes also to pay debts.

Item:     I give and bequeath unto my grandson Joseph Montford, as his mother had all the land and Negroes that came to me by my first marriage, and were delivered to Lewis Montford for my daughters use, which I consider infull for my first wife's childs portion, to him and his 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 etc, and I do hereby this my last will and testament confirm the above deed of gift, also on dollar in full.

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 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 the name of Ruth, one by the name of Sarah, ditto Mail 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, Shillings branch, Mill creek, in Jones County, I give to him and his heirs forever.

Item:     I give and bequeath to my son Lewis Foy the seven hundred he got of my son Enoch for the lease on the East side of Shellings Branch, and a Negro by the name of Peter, beds, furniture, horses, cattle, hogs, tools and smiths 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 and Ann, and Hannah and 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 my son Lewis, to his heirs lawfully begotten of his body forever.

Item:     I give and bequeath to my daughter Sereney all the household goods and beds she had in her possession when she married Golden, also I lend for and during my daughter 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 her death I give said Negroes and Tamars 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, Sal, Lott, and girl, Alice, and beds and such tools or stocks of cattle, hogs as in his possession and I have given him a deed of gift for the lands where my son James Foy is now present resides in this county his heirs forever.

Item:     I give and bequeath to my daughter Betsy Nixon two feather beds and furniture and two cows and yearlings, one chest, and the following Negroes viz; Mimey and her children of the following names, Simon, Sarah. And Grace, and also Jack, Lenea, to her and her heirs (lawfully begotten of her 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 unto my 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; Isaac, 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 son Morris three hundred acres of land known by the name of Bear Garden and also two hundred acres of land where old Sduck died, to him and his heirs (lawfully begotten of his body) forever, and also I hereby give unto my 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 wife deceases my will and desire is that my lands I left to my wife during her natural life being the lands I purchased of James Hebble and John Lester to my son Morris and his heirs and assigns forever, the residue not mentioned in my will a 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 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 February 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 Joshua 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 Senior is dead and that the County Court held for the County of Onslow the first Monday in February 1823 the subscriber qualified as executor to the last will and Testament of said deceased and this is therefore to notice all persons having claims against said estate to present them properly attested in the time prescribed by law or this notice will be plead in Bar, and also for all those indebted to the said estate to make immediate payment or suit will be commenced against them indiscriminately February 4th, 1823.

Joshua Foy, Exect.

Witness
L.T. Olney
B. Fonvielle

The following is an itemized list of the people mentioned in the above will, the, property left, the real estate, and the names of the Negro slaves mentioned:

Names mentioned:
JAMES FOY SENIOR
ELIZABETH FOY
BETSY NIXON
LEWIS MONTFORD
JOSEPH MONTFORD
THOMAS FOY
JAMES FOY JUNIOR
ENOCH FOY
LEWIS FOY
SERENEY
GOLDEN
FREDERICK FOY
JOSHUA FOY
MORRIS FOY
JAMES HEBBLE
JOHN LESTER
J.W.F. BLAKE
C. SPARKMAN
B,LESTER
R.C. LESTER
L.C. OLNEY
B FONVIELLE

Property mentioned:
MY BEST BED
FURNITURE
SADDLE
BRIDDLE
BAY MARE
COLT
CALVES
SOWS
PIGS
YOKE OF OXEN
WEDDING HOES
GRUBBING DITTO
PLOW
CLEVICES
OX CHAIN
ROUND TABLE
WINDSOR CHAIRS
CROCKERY WARE
PEWTER
IRON TEAKETTLE
IRON POTS
COPPER WARE
HOUSE
PLANTATION
FIRE WOOD
ONE DOLLAR
300 POUNDS
TOOLS
$7OO.OO
SMITH'S TOOLS
FEATHER BEDS
YEARLINGS
CHEST
$l,6OO.OO

Real Estate:
WEST SIDE OF SHILLINGS BRANCH, MILL CREEK

EAST SIDE OF SHILLINGS BRANCH

TWO PARCELS ON MILL RUN 400 ACRES)

BEAR GARDEN (300 ACRES)

200 ACRES WHERE OLD SUCK DIED

LANDS PURCHASED FROM JAMES HEBBLE AND JOHN LESTER

Negro Slaves:
TODGE
EVE, AND ALL HER CHILDREN
SALL
TWO NEGROES TO PAY DEBTS
ALL NEGROES WHICH CAME TO ME BY MY FIRST MARRIAGE
SIX NEGROES
RUTH
SARAH
MALL
CEASAR
FRANK
JOE
DICK
ANN
NED
FAN
PETER
TAMAR AND HER INCREASE
MOSES
NATHAN
MARY
DAVE
GEORGE
SAL
LOTT
ALICE
MIMEY
SIMON
SARAH
GRACE
JACK
LENEA
ISAAC
HANNAH
DUKE
CHARLOTTE
NICEY
ROSE
MIRANDA
DOUGLAS
ROBIN
ABB
JACK
TONY

[I will not defend nor condemn the owning of slaves in this book, Each of us has our own thoughts about the matter. Right and wrong, good and evil, being socially or politically correct, and a host of other moral issues are matters which are faced by all peoples at all times and in all places. It is sufficient to say that the general feelings of honorable people in the early'1800s were different from those of honorable people in later years in the same century and the people in the present.]

*******

JAMES FOY, SENIOR and his wives had at least nine children. Some say more. They were:

Of those children,. listed above, the most significant to the JOHN ELON FOY descendants is LEWIS FOY. LEWIS FOY was the father of BENJAMIN FRANKLIN FOY who moved to Texas and was the father of JOHN ELON FOY.

After we discuss the AMERICAN REVOLUTIONARY WAR and our ancestor, JAMES FOY's part in it we will discuss, in brief, the other children of JAMES and ELIZABETH FOY, some of whom also came to Texas. Following that we will discuss our direct ancestor, LEWIS FOY and his descendants.

Submitted by Dick Miller
May, 1999

Learn more about James Foy in the American Revolution
James Foy's note page

If you have a question, can add any information, or find a broken link please contact:

Trisha Carden

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