1. FRANCIS MAYBURY1 died in 1712 in Surry County, Virginia.2
DNA tests reveal that most of the Mabry, Mayburys, Mayberrys, to include Francis, are descended from a common ancestor - John Maybury who lived for at least twenty years in Sussex County, England. He was an ironworker and married in the Sussex village of Brightling in 1565. In 1568, he was living in nearby Etchingham and in Mayfield by 1571. Records of several of his children are recorded in these parishes. John's first wife was Margaret Bourder, who died in Feb 1576 - he married Alice Fuller three months later and had more children. About 1579 the family moved to Hartfield about eight miles away.
The Maybury Family, Winter 2010, Vol 16, Number 1, p.486
Unfortunately the exact lineage from Francis of Virginia to his English ancestors has not yet been found. It is certain he was not the child baptized in Shropshire, 17 May 1647,to Richard and Elizabeth Maybery, although Francis, the Virginian, was probably about this age. The "Francis" baptized at Shropshire was a daughter, plainly stated in the original record.
The Maybury Family website contains a great deal of information regarding this family, their origins, descendants, and results of Y-DNA studies. There is a book The Mayburys, by Donald E. Collins, Otter Bay Books, Baltimore, 2011, that is a must read for researchers of this family.
VA Land Patent:
1 Oct 1679 John Pleasants & Jno. Haddellsey were granted 548 acres on the North side of the James River for the transport of 11 persons, one of whom was Fra. Mawbury.
SURRY CO VA DEEDS 1684-1733 & OTHER COURT PAPERS, by Wm Lindsay Hopkins p.17/53 Surry Co D&WB 4
18 May 1688 Bond of John Gilliam, Francis Mabury of Charles City Co, Hinshea Gilliam, Thomas Blunt and James Jordan as admin of estate of Margery Briggs, dec'd. [Francis was married to Elizabeth Gilliam]
Wit: Wm Edwards & Wm Foreman Signed with his signature.
p.19/84 Surry Co DB 4
29 May 1688 Francis Maybury in right of his wife, Elizabeth Maybury, over the estate of Margery Briggs, dec'd. Rec. 20 Oct 1688
28 No 1691, Francis Mayberry was an appraiser of the estate of Thomas Davis in Henrico County, along with William Dodson, George Hunt and Henry Vaden.
VA Land Patent:
29 Apr 1692 Francis Maybury, Henrico County. 440 acres on North side of Swift Creek in Bristol Parish, adj land formerly Mr. Kings but now Henry Randolph's, on Saml Newman, William Pride, etc. Import of 9 persons.
1 April 1698 Henrico County, Virginia Deeds 1677 – 1705, page 75
Francis Mabury of Charles City Co., for £11, to Ralph Jackson of same, 440 acres in Bristol
Parish on north side of Swift Creek, bounded by land formerly Mr. King’s (now Henry
Randolph’s), Samuel Newman and William Pride; being land granted to said Maybury 29 April
1692. 1 April 1698
Wit: Pete. Field, Eliz. Soane
Signed: Francis Maybury
Recorded 1 April 1698
Elizabeth, wife of Francis, relinquished her dower right.
HENRICO CO VA DEEDS 1677-1705;
p.104/90 Samuel Newman of Henrico sold 190 acres to Ralph Jackson of Charles City. Land on the North side of Swift Creek. 17 Apr 1698. [Apparently Ralph Jackson did not move at that time to Henrico Co.]
p.108/146 Ralph Jackson of Bristol Parish, Charles City Co gave to John Perkinson and Elizabeth his wife and my daughter. Land on North side of Swift Creek purchased of Samuel Newman and another tract purchased of Fra. Maybury. Bounded by the creek, King, Ligon & Bowman. 300 acres total. 1 Aug 1699. Wit: Seth (x) Perkinson, Nich. Dison. Ralph Jackson signed with his mark; Leah, wife, relinquished dower rights.
[Since Ralph Jackson gave his daughter 300 acres, only part of which had been purchased from Francis Mabry, apparently only about 110 acres, and Francis had patented a total of 440 acres there are obviously more deeds for disposition of this land.]
VA COLONIAl RECORDS, 1600s-1700s; Genealogy.com by online subscription. Militia Lists from Public Record Office, London.
Charles City Co, ca 1701/02 Joseph Wynn, Capt of Dragoons. His company includes Francis Mabery, John Gillum Jr., Thomas and Edward Parram [Parham], Ralph Jackson
1704 QUIT RENTS
Maberry, ffrancis Prince George Co 347 acres
SURRY CO VA COURT RECORDS 1700-1711 BOOK VI
p.41  -266 May 1705 - July 1705
Francis Maberry complaining that last year he entered himself with others of his family in the tithables in the County where he in an inhabitant and accordingly pd his dues. Which the sheriff of Prince George Co did seize & carry away his tobaccoe on repentence of his being an inhabitant there [tho not listed there]. Considered by this Court. Ordered that he continue to list himself & his tithables in this County and he acquaint the Court of Prince Geo with this Courts proceedings.
p.63 -300 Jul 1707
Jack an Indian slave to Francis Maberry adjudged 9 years old.
SURRY CO VA DEEDS 1684-1733 & OTHER COURT PAPERS, by Wm Lindsay Hopkins
p.72/389 Surry Co D&WB 5
28 Apr 1708 John Mitchell & wife, Catherine Mitchell, of Surry Co to Timothy Rives [Reeves] of Prince Geo Co 100 acres at Jones Hole swamp & Freeman Branch adj Francis Maberry & sd Mitchell. Signed: John Mitchell. Wit: William Rives, Robert Blight
[Here are other later deeds that refer to land that Francis Mabry had on Jones Hole Swamp.]
SURRY CO VA DEEDS & ESTATE ACCOUNTS 1734-1755
p.97/72 Surry Co DB 5
1 May 1747 Lewis Green Jr of Albemarle Parish in Surry to Thomas Eldridge of Martins Brandon Parish in Prince Geo for 73#6sh. 150 acres N side of Joans [Jones] Hole Swamp in Albemarle Parish, bounded by Henry Mitchell, Francis Mayburry, George Rieves, & Francis Eppes, being land devised to Lewis Green Jr by will of his grandfather, Lewis Green of Prince Geo Co. Signed: Lewis Green, Jr. Wit: Sloman Wynne, William Dunn, Thomas Griffis, & William Clack. Rec. 16 May 1747
p.100/131 Surry Co DB 5
17 Sep 1747 Thomas Eldridge of Prince Geo Co to Frances Reeves of Surry for 60#'s. 100a on N side Joans [Jones] Hole swamp adj George Reeves, dec'd [being a tract which Francis Maberry, dec'd willed to his son, William Maberry] signed: Thomas Eldridge. Wit: Christopher Tatum, Augustine Claiborne & Leonard Claiborne Jr. Rec. 20 Oct 1747
[This deed refers to Francis II who had received the land in the will of Francis I.]
SURRY CO VA COURT RECORDS 1700-1711 BOOK VI
p.125 -277 Octr 1711
John Jones supposed to be guilty of the death of John Sewell.
Elizabeth Maybury appeared in Court & Confessed Judgment to the Queen in the sum of 50# on Condition that she appear the 4th day of the next General Court & give evidence against Jno. Jones
p.126 Francis Maybury Junr 50# bond - give evidence against Jno Jones
p.126 -379 Novr 1711
LW&T of George Randall presented by Elizabeth Randall his Executx. Proved by oaths of Mary Sammon & Francis Maybury witnesses thereto. Admitted to record. Certificate granted Elizabeth Randall. [This record could be either Francis Sr or Jr]
Will of Francis Maybury
22 March 1711/12 In the name of God, Amen: I Francis Maybury of ye County of Surry & ye upper Parrish. Being weak in body but of sound & perfect memory (praise be to God) do make & ordain this my Last WILL and Testament, hereby making void & revoking all other WILLS heretofore made in manner & force following. Viz.
Item: I bequeath my souls into the hands of God that gave it to me in hopes of Eternal happiness through the merits of my Blessed Saviour Jesus Christ & my Body to the ground to be decently buried according to the Discretion of my Executor hereafter nominated:
Item: I give & bequeath unto my son Francis Maybury a parcel of Land which I bought of John Freeman as it is recorded in Charles City County. I also give my said son Francis a parcel of Land I bought of Thomas Husby as it is recorded in ye said County.
Item: I give & bequeath unto my son George Maybury a piece of Land, quantity one hundred & twenty-five acres, which lies on the horn Branch at the three Creeks.
Item: I give & bequeath unto my two sons Charles Maybury & my son Hanchey Maybury a piece of Land which I entered for upon Fountain Creek & if ye Entry stands good to be equally divided between then and if it be not good to have as much out of my Estate as will take up four hundred acres of Land between the two Sons.
Item: I give & bequeath unto my Daughter Ann Peoples one ewe and lamb.
Item: I give & bequeath unto my Daughter Mary Fox on ewe and lamb.
Item: I give & bequeath unto my Daughter Judith Maybury one ewe and lamb. Item: I give & bequeath unto my Loving wife Elizabeth on Indian man Named Robin and on Indian boy Jack and a mulatto Girl & all the rest of my personal estate of what nature or quality whatsoever hereby making and Nominating her the whole & sole Executrix of this my Last Will & Testament where of I have hereunto set my hand and seale the two and twentyeth day of March Anno Dom. 1711. Francis Maybury
Signed sealed & Declared in presence of us
Probate 18 Jun 1712
SURRY CO VA COURT RECORDS 1712-1718 Book VII
[No date found for the following, presumed to be January of 1712/13]
18 Jun 1712
The Last Will & Testamt. of Francis Maybury dec'd. present in Court by Elizabeth Maybury his Exectrx who made oath thereto. Proved by oaths of Thos. & Robt. Wynn, witnesses. ON the motion of Elizabeth Maybury, Certificate is granted for obtaining Probate.
20 Aug 1712
Elizabeth Maybury, Executrx of LW&T of Francis Maybury dec'd presents an Inventory of the sd dec'd Estate. Ordered recorded.
VA Land Patents from CAVALIERS, Vol III:
13 Nov 1713. p.134 Francis Maybury of Surry Co. 125 acres NL. Is. of W. Co. S side Nottoway & S side the Hornet Swamp. PB10, p.98. Imp. of 2 pers: Robert Yells, Arthur Johnson
[This patent is that of Francis SR, though it is dated after his death. Obtaining a patent could be a rather lengthy process. In 1734, Charles Maybury took out a patent on this same land and it states that Francis Maybury, dec'd, and George Maybury his son & devisee had failed to cultivate and improve this land.]
FRANCIS MAYBURY and ELIZABETH GILLIAM were married by October 1685. ELIZABETH GILLIAM2,3, daughter of JOHN GILLIAM and MARGERY HENSHAW, was born circa 1654. She died in January 1715 at the age of 61 in Surry County, Virginia.
Elizabeth was also married first to a West, prior to 1673, because her son John West deposed on 1 Feb 1693 that he was 20 years of age. By 6 Nov 1679, Elizabeth was married to William Bevin when she surrendered her dower right. Bevin died about 1685-86 - his will dated 11 May 1685. In that will he mentioned his "son in law [son by law, or stepson] John West, and sons William, Matthew, and daughter Elizabeth. Wife Elizabeth was appointed sole executor, the will proved 1 Feb 1685/6. Adminstration was granted Francis Maybury on 22 Oct 1685 - he had married Elizabeth Gillam West Bevin.
PRINCE GEORGE CO VIRGINIA WILLS AND DEEDS 1713-1728
BENJAMIN B. WEISIGER III, 1973
p.476 13 Jun 1720 John West to Instance Hall. 200 acres in Bristol Parish bounded by Drury Bolling, John Gillam, being land given to Elizabeth Gillam by her dec'd father, John Gillam, Sr. and from her descended to her son and heir John West. Signed: John (W) West Rec. 8 Aug 1721
Will of Elizabeth Maybury
6 June 1713 In the name of God, Amen: I Elizabeth Maybury, widow and relict of Francis Maybury, late of Surry County. deceased, being weak of body but of sound mind and memory, do make this my last Will and Testament in manner following, that is to say:
Item First I bequeath my soul to God that gave it me, believing remission of sins and everlasting life by the merritts death and passion of Jesus Christ, my Lord and only Saviour.
Item I give and bequeath to my son Charles Maybury my Indian slave named Robin to him and his heirs forever, also one featherbed and furniture, curtaines and vallance excepted, as also my riding horse named Paul and one well fixtt gunn. Item I give and bequeath to my son Hinshaw Maybury, my Indian slave named Jack to him and his heirs forever, also the featherbed and furniture as to my son Charles, as also one gray mare about a year old and now running with my old mare, and one well fixt gunn.
Item I give to my son George Maybury one featherbed and furniture as to my sons above men’d, also one young horse named Dearich, as also one long gunn now in my house, also to my said son three cows and the largest iron pott and hooks and racks that I have now in my house.
Item I give to my daughter Judith one bed I commonly lye on. with all the furniture thereto belonging, one Indian girl called Nan now about five year, to serve my old mare, one iron kettle, one pr pott racks, also my pewter & three cows.
Item I give and bequeath to my two sons, Charles and Hinshaw, to each of them three cows and my will is that all the rest of my cattle be equally divided by my two brothers, John and Hinshaw Gilliam, between my four children above mentioned, as also my sheep except five, which are to be first set apart for my son Francis Maybury [I] desire also may be divided amongst my four children above by my two bothers, John and Hinshaw, or the survivors of them.
Item I give to my son Francis Maybury over and above the five sheep, all my carpenters. coopers, and joyners tools, and one long table and form and one silver dram cup.
Item I give and bequeath to my daughter Eliz. Paine, widow, my largest gold ring.
Item I give to my son Francis West my smallest gold ring.
Item I give to my daughter Mary one Pr. of Womens …
Item I give to my daughter Ann all my weaving tackle.
Item I give and bequeath to my son John West one gold ring I formerly lent him and now in his possession. also one pound and a half of drest flax, also one cowbell without a clapper. All the rest of my estate of what nature or quality soever after my just debts and funeral expenses are first satisfied and paid, I give to be equally divided amongst my four children, Charles, Hinshaw, George and Judith, and the division to be made by my brothers, John and Hinshaw Gilliam, whom I leave as trustees to my two sons, Charles and Hinshaw Maybury, and I do appoint my two sons to be sole, Executors of this my Last Will and Testament. hereby revoking all other or former wills by me made. In testimony whereof I have hereto set my hand and affixt my seal, this 6th day of June Anno 1713. My will is that all my wearing linnen be equally divided between my two daughters Judith and Ann.
Elizabeth her “E” mark Maybury Sealed with a wafer.
Signed, Sealed, and Published in the Presence of Henry Walthall, John Bolling, Susan Featherstone
Elizabeth was dead by 15 February 1715/6 when her will was proved in open court and ordered recorded.
SURRY CO VA COURT RECORDS 1712-1718 Book VII
[18 Jan 1715/16]
LW&T of Elizabeth Maybury dec'd presented by Charles Maybury one of her Executrs who made oath thereto and proved by John Bolling witness. Admitted to record. On motion of Charles Maybury certificate is granted for probate.
[21 Mar 1715]
Charles Maybury Executr of LW&T of Elizth. Maybury dec'd presented Inv & Appraisal of said deceased's estate. Ordered recorded.
[The contents of the Inventory contained many of the same articles found in her husband's inventory.]
FRANCIS MAYBURY and ELIZABETH GILLIAM had the following children:
|Francis MABRY Jr..|
|Judith MABRY was born circa 1695. |
Judith was apparently not married when her parents wrote their wills in 1712 and 1713. Circumstantial evidence indicates her husband may have been Robert Warren, b. about 1700, Surry Co, VA.
Robert Warren's wife was Judith in March of 1742 when he sold a tract in Surry Co VA. by Aug of 1743 he was in Northampton Co NC. Robert may have had a first wife, Elizabeth, by whom he had two sons, Henry born 1726 and Richard born, 1727. He likely married Judith by about 1728 - one of their seven children was a son, Hinchey Warren. There is also a Northampton Co deed, Bk 2, p.244, dated 4 Aug 1755 when Robert Warren sold 200 acres to William Mabry. Also on 3 Apr 1790, Robert Warren Jr. gave 300 acres, adjacent George Warren to Francis Mabry for love - where Francis was already living.