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Second Generation


4. Francis MABRY Jr.4,6,7 was born circa 1689. He died in December 1728 at the age of 39 in Surry County, North Carolina.

Francis received the following in his father's will, probated in Jun 1712:
To son Francis a parcel I bought of John Freeman as is recorded in Charles City Co. Also a parcel I bought of Thomas Busby.
This parcel from John Freeman was thought to be on Jones Hole Swamp and the following deeds refer to this parcel and reveal the names of the neighbors.
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.]

The following patent has been used to develop a birth year for Francis Jr, but it is not his patent.
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 as been thought to be that of Francis Jr, but it is a late patent of his father's who had died by Jun of 1712 and the patent not yet issued. This is proved when the patent is issued to Charles in 1734 which states that Francis Maybury dec'd and his son & devisee George had failed to cultivate and improve the land. Some have used this patent to develop a possible birth year for Francis Jr. saying he would be at least 21 years old to receive this patent, or born before 1692. Obviously that does not apply. He could have been born that early but the patent is no indication. Francis was the first son named in his father's will, sons named before the daughters as often occurs, so he could very well have been the eldest son, though not necessarily the eldest child.]

SURRY CO VA COURT RECORDS 1700-1711 BOOK VI
Francis and his mother were witnesses in a murder case.
p.125 [170]-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

SURRY CO VA COURT RECORDS 1700-1711 BOOK VI
p.133 [181]-388 Febry 1711/12
Mary Fox, relict of George Fox dec'd relinquished her Right of Amin of said decds. Estate to Francis Maybury Junr.
Francis Maybury Junr., Next of kin to George Fox dec'd [Maybury was probably his brother-in-law, brother to Mary Mayberry Fox] came into court and made oath that sd George Fox departed this life without making any Will. On his motion certificate granted for Letters of Administration.
[Many believe this is likely Mary Maybury, sister to Francis Junr. She is known to have married a Fox as named in her mother's will.]
[182]-389 Febry 1711
Willm Bridge & Robert Jones, securities for Francis Maybury Junr due Admin of estate of Geo Fox, Dec'd.
p.135 [183]-390 Feb 1711 - Mar 1711/12
Francis Maybury Admin of Estate of George Fox dec'd failing to return Invy & Appt. of Estate, ordered that he present the same at the next Court.
BOOK VII 1712-1718
p.1 [1]-393 21 May 1712
Francis Maybury still failed to return inventory & appraisal of George Fox. Ordered to present same at next court.
p. 2 [3]-395
Judgmt granted Joshuah Wynn against Francis Maybury admin of estate of George Fox for 6#'s. Wynn having made oath the same is justly due. Admin to pay Wynn out of the estate.
p.3 [5]-397
Francis Maybury, adm of estate of George Fox fails to present Inventy. & Appt. Ordered that he present the same at the next court
[Francis continued to have difficulties in settling this estate.]
p.15 [21]-413
Action of the Case bet Walter Lashly plt & Francis Maybury deft neither party appearing is dismist.
[Court held 18 Feb 1712/13]
p.19 [25]-417
Judgmt granted Walter Lashly against Francis Maybury adm of George Fox for 500# of pork & 6sh 6p. Lashly made oath that the same is just due. Ordered that Maybury pay out of the estate of dec'd.
[18 Mar 1712/13]

Francis had other legal difficulties:
SURRY CO VA COURT RECORDS BOOK VII 1712-1718
p.2 [2]-394 21 May 1712
Ordered that Sherriff summon Francis Maybury to appear at the next Court on evidence against Thomas Winn. Also against Robert Winn. [Thomas & Robert Winn were witnesses of the Will of Francis SR and this action has been interpreted by some to have something to do with that estate. However it's obviously Francis Junior's problem as the following record from the next shows.]
SURRY CO VA DEEDS 1684-1733 & OTHER COURT PAPERS, Wm Lindsay Hopkins
p.82/103 Surry Co DB 6
22 May 1712 We the Jury find that Mr. Thomas Wynne & Robert Wynne assaulted Francis Mavery [Mabery] on the Sabbath Day.

Later in 1713:
SURRY CO VA COURT RECORDS BOOK VII 1712-1718
p.31 [44]-17
Action of Detinue bet Francis Maybury plt & James Wyche deft. Neither party appearing is dismist. [Detinue: action for recovery of personal chattels unjustly detained. James might be Francis' brother-in-law]]
Action of Case bet John Green plt & Francis Maybury deft Neither appeared. Dismist.
[21 Jan 1716] p.78 [123]-96
Case bet James Stanton plt and Francis Maybury deft. Neither party appearing, dismist.

Francis also served on the other side of the legal bench. He was on the Grand Jury appointed 15 May 1717 in Surry Co. Others include Marmaduke Brown, John Freeman, Daniel Epps

SURRY CO VA DEEDS 1684-1733 & OTHER COURT PAPERS, Wm Lindsay Hopkins
p.107/237 Surry Co DB 7
12 Jan 1719/20 Francis Mayberry & wife Elinor of Surry Co to George Hunt of Charles City Co for 32#'s 100a on N side Nottoway bounded by sd Hunt. Land was bought by Henry Wyche dec'd from Maj. William Hunt & a 10-ft sq is reserved as burial place of said Wyche. Signed: Francis (X) Mayberry, Elinor (X) Mayberry. Wit: Thomas Eldridge
[It appears here that Francis & Eleanor had inherited this property from her father, Henry Wyche - he had left Eleanor his plantation where he "now lived"]
p.110/304 Surry Co DB 7
7 Oct 1720 John Rottenbury to Francis Maybury for 5sh 100 acres on N side Nottoway R in Southwarke [part of tract taken up by Thomas Busby dec'd late of Charles City Co] bounded by Thomas Thrower Sr. Signed: John (x) Rottenberry Wit: John Simmons & Richard Lewis. Rec. 15 Feb 1720
[This land also seems to be in the neighborhood of Jones Hole Swamp as a later deed in 1747 from Thomas Eldridge to Francis Green refers to this land bought from Rottenbury, but willed by Francis Mabry to his son William.]
p.127/546 Surry Co DB 7
23 Jun 1724 Geroge Hunt, gent of Charles City Co to John Allen, Gent of Surry. 2600 acres both sides of Nottoway [most given to Geo Hunt by will of his father Wm Hunt, dec'd, and 100 acres bought by said Hunt from Francis Mayberry and his wife the daughter of Henry Wyche who had bought the 100 acres from sd Wm Hunt. Wm Hunt had patent dated 24 Oct 1701 for 4324 acres and one 19 Dec 1711 for 190 acres. Signed: George Hunt. Wit: Samuel Cobbs, John Pasteur Jr, James Spence, Edward Hill, John Clayton. Rec. 19 Aug 1724

VA Land Patents from CAVALIERS, Vol III:
22 Feb 1724. p.284 Francis Maybury of Surry Co. 250 acres NL, Isle of Wight Co on S side of the Three Creeks. PB 12, p.220
Here are some of his neighbors on Three Creeks:
p.305 James Bass. 290 acres NL. Is of Wight. S side Nottoway R on S side the Three Creeks. adj Charles Bass Junr & Geroge Wyche's line. 24 Mar 1725. PB 12, p.439.
William Beech, 200 acres NL, Is of Wight Co. S side Nottoway R; S side Three Creeks. N side of the Long Meadow Br. adj Francis Maybury's line. 24 Mar 1725. PB 12, p.442.

SURRY CO VA DEEDS 1684-1733 & OTHER COURT PAPERS, Wm Lindsay Hopkins
p.145/891 Surry Co DB 7
19 Feb 1728 Deposition of Christopher Tatum, aged 45, states that he visited Francis Maybury on 12 Jan 1728, found him ill, wrote his will for him & took it to Thomas Eldridge. [Eldridge was an attorney]
p.145/891 19 Feb 1728 Deposition of Henche Maybury, aged 31, states that on 12 Jan 1728 he was at the house of Francis Maybury who lay very ill and that he asked Christopher Tatum to take notes for his will.

12 Jan 1728/29 Will of Francis Maybury, of the Parish of Southwark in Surry Co VA.
Loving wife Eleanor, the plantation during her natural life and then to son Francis and the heirs of his body [this would seem to be the land Francis inherited in his father's will since the land he had purchased is accounted for in the bequest to William]
Son Francis - bed & furniture, pewter, gun
Son William - tract on S side of Three Creeks in Isle of Wight containing 250 acres [See patent of 22 Feb 1724] Another tract on N side of the land of George Rieves of 100 acres and purchased of John Rottenberry [7 Oct 1720] Also to William, bed & furniture, pewter, Silver cup [There was a silver cup listed in the inventory of both of Francis' parents]
Wife to be sole Executrix.
[The will was not signed nor witnesses as Francis was no longer of sound memory when Thomas Eldridge got the will written.]

SURRY CO VA DEEDS & ESTATE ACCOUNTS 1734-1755 William Lindsay Hopkins
p.48/398 D&WB 9 17 Feb 1741 Account of estate of Eleanor Mabury, dec'd. Lists among others: Christopher Tatum, Robt Doby, Henry Mitchell, Col. John Allen, Robt Hunicut, Theophilus Goodwin, Thomas Eldridge, John Hawthorne, Thomas Davis, Peter Hawthorne, and Francis Mabury [the 3rd Francis].

Francis MABRY Jr. and Eleanor WYCHE were married before January 1720 in Surry County, Virginia. Eleanor WYCHE died about 1740 in Surry County, Virginia.

Eleanor was the daughter of Henry Wyche as named in a deed dated 10 Aug 1724. An earlier deed, in January of 1720, also indicated she was by that date married to Francis Maybury. The Will of Henry Wyche, written 1 Aug 1712 and proved 18 Mar 1714/15 left the "Land & plantation he now lived on" to his daughter Elinor.

SURRY CO VA DEEDS & ESTATE ACCOUNTS 1734-1755 William Lindsay Hopkins
p.48/398 D&WB 9 17 Feb 1741 Account of estate of Eleanor Mabury, dec'd. Lists among others: Christopher Tatum, Robt Doby, Henry Mitchell, Col. John Allen, Robt Hunicut, Theophilus Goodwin, Thomas Eldridge, John Hawthorne, Thomas Davis, Peter Hawthorne, and Francis Mabury [the 3rd Francis].

SURRY CO VIRGINIA COURT RECORDS 1741-1745 BOOK VIII
p.1 [2]-2 Dec 1741 - Jan 1741/2
Petition of John Mason, Gent. Bound as security of Francis Maberry for his due Admin of Estate of Eleanor Mabery dec'd. Said Security is in danger of being Damnified through the ill management of the sd administrator. Ordered that the sd Francis deliver up the sd estate to sd Petitioner or give him good & sufficient Security. If he refuses to comply, the Sherif summons him to appear at the next Court to Answer.
p.5 [13]-13 Feb 1741/2
Account Current of estate of Eleanor Mabrey dec'd returned by her Admin which after being examined by Thomas Gray & Lemuel Cocke was ordered to be Recorded
Petition of John Mason against Francis Mabrey for whom the sd John stands Bound to this court.
[14]-14 on Estate of Eleanor Mabrey dec'd. Order'd that the said Francis deliver up to sd John Mason so much of the Estate as will be Sufficient to indemnify him as aforesd or give good & sufficient counter security as required.

Francis MABRY Jr. and Eleanor WYCHE had the following children:

+12

i.

Francis MABRY III.

13

ii.

William MABRY7 died about 1750 in Surry County, Virginia.

William is believed to have never married.

William's bequest in his father's will:
Son William - tract on S side of Three Creeks in Isle of Wight containing 250 acres [See patent of 22 Feb 1724] Another tract on N side of the land of George Rieves of 100 acres and purchased of John Rottenberry [7 Oct 1720] Also to William, bed & furniture, pewter, Silver cup [There was a silver cup listed in the inventory of both of Francis' parents]

SURRY CO VA DEEDS & ESTATE ACCOUNTS 1734-1755, William Lindsay Hopkins
[Surry Co DB 5, 1746-1749]
p.97/72 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 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
Here is the original purchase of Francis, father of William:
p.110/304 Surry Co DB 7
7 Oct 1720 John Rottenbury to Francis Maybury for 5sh 100 acres on N side Nottoway R in Southwarke [part of tract taken up by Thomas Busby dec'd late of Charles City Co] bounded by Thomas Thrower Sr. Signed: John (x) Rottenberry Wit: John Simmons & Richard Lewis. Rec. 15 Feb 1720

William's will was probated in Surry Co, 15 May 1750. It was dated 13 Jan 1749, and William Maybry left his entire estate to his friend, Robt. Echols. Witnesses were Thos. Wynn, Wm. Parham, John Jackson, and Robert Jackson. Edward Echols was appointed administrator, because Robert, his son, was not yet age 21.

SURRY CO VA DEEDS & ESTATE ACCOUNTS 1734-1755, William Lindsay Hopkins
p.52/768 21 Aug 1751 D&WB 9
Account of estate of William Mabry, dec'd, lists John Jackson and Leonard Claiborne, Jr. Edward Echols, Admin.