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, [salt?]
also one barrel of flour, one hundred and fifty pounds of sugar, seventy
five pounds of coffee, five pounds of tea, twenty five pounds of lump sugar
and ten gallons of molasses.
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):
(Probably) Harriet, who died September 3, 1812; the "torn and worn"
Bible record indicates that a child was "born in 1811".
Mary Elizabeth, born March 21, 1813; married James Smith of Wayne County,
North Carolina.
Edward W., born February 20, 1815; and executor of his father's will.
Eliza Ann, born December 22, 1816; married (first) a Mr. Maddox; (second)
Dr. Koonce.
Amos, who went South. [there is an Amos in MS census records, not ours,
maybe this one.]
Frederic Hill, born July 4, 1820.
Children of the second marriage;
James Harvey, born December 14, 1821; married Catherine House.
Christopher Dudley, born January 30, 1824; married Frances Foy, daughter
of Enoch Foy.
Frederick Napoleon (or Frederick Deacon), born January 31, 1826; married
Elizabeth Robinson of Ocala, Florida.
[Children of James Foy continued]
Morris, married (first), a Cooper; "Morris Foy, son of James Foy the
First, went to Louisiana to live after his second marriage and died there".
Lewis, was a cripple in 1817.
Sereney (sic: Cyrena?), married a Mr. Golden.
Betsey, married a Mr. Nixon
Elinor, married a Mr. Spicer. She was disinherited.
Joshua, who was named as an executor, with his brother Frederick, of
their father's will; probably the Joshua Foy whose will, dated January
15, 1851, probated in Onslow County in March, 1852, named sons Enoch, James,
Edward W., Thomas, Joshua, George W., and Jesse W., and Cyrency Elizabeth.
The oly living descendant of this Joshua is John Henry Foy, of Mullins,
South Carolina.
[Children of Thomas Foy continued]
Jacob, died between January 10, 1786, and March, 1786. Craven County
tithables of 1769 include Jacob Foy, one tithable, with no blacks. Following
is a copy of his will:
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 [Simmons] who survived
him. Jacob Foy's only child, known, was a son:
Frederick, who according to his father's will was to inherit his home
plantation after the death of said Jacob's widow. Evidently he ws of age
in 1788, when his mother deeded to him the parcel of land on which she
then dwelt.
By the will of his uncle, Thomas Foy, dated January 8, 1788, the latter
bequeathed to his "Nephew Frederick Son of Jacob Foy one Hundred Pounds
to be paid him in five Years from this date."
[Children of Thomas Foy continued]
Frederick, of whom further.
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:
Frederick, Jr., of whom further.
Thomas, appointed an executor of his fathers's will in 1813.
Polly, a legatee by her father's will.
Frances, a legatee by her father's will.
Children, probably of the second marriage, exact order not known:
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.
John
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,
, and I
shall try to correct them.