12. Francis MABRY III7 died on 18 April 1774 in Bute County, North Carolina..
SURRY CO VIRGINIA COURT RECORDS 1741-1745 BOOK VIII
-51 Aug 1742
Nathaniel Hawthorn plt. Against Francis Mabry deft. Trespass Assault & Battery. The Parities came by their Attorneys & the def prays and hath leave to impart till next Court and then to Plead
p.23/69 Nov 1742
Nathaniel Hawthorn plt agst Francis Mabry deft. TAB. Deft says nothing. Judgment be enered for the plt. Damages shall be adjudged upon an enquiry by a Jury at the next court.
p.31/95 Feb 1742/43
Nathaniel Hawthorn agst Francis Mabury TBA. Came by their attornies and the sd deft saith that he is not guilty as declared and he puts himself on his country and the plt. Plt. Likewise. Trial of sd Issue referred till the next Court.
p.34/105 Mar 1742/43
Nathaniel Hawthorn plt agst Francis Maburry deft. TBA. Jury: Sloman Wynne, Wm Clinch, Thos. Addison, Moses Johnson, Edward Pettway, Robt Nicholson, Richard Parker, Francis Person, John Groves, Carter Crafford, James Rookings, Nicholas Partridge. Do say that the deft is guilty of TBA as the Plt hath declared and do assess damages to 1sh 3p, costs by the plaintiff. And the sd Deft. May be taken etc.
p.32/101 Feb 1742/3 - Mar 1742/3
Indenture bet Daniel Eppes and Edward Eppes proved on oaths of Peter Hawthorn, Gilbert Weaver & Francis Mabry, witnesses thereto. Ordered recorded.
p.41/128 May 1743 Ordered that Henry Michell, Francis Mabry, James Mason & Wm Moore or any three of them do appraise in current money the slaves & personal Estate of John Hawthorne, dec'd, and return to the next Court.
p.68/217 Apr 1744 Jury for case Andrew Trouton agst William Hix. Included Francis Mabry. He was found not guilty.
p.72/228 May 1744 Wm Shands Junr plt agst Francis Mabry deft. Petition for 211#'s of Tobacco sd to be due by account. Dismissed, the plt failing to prosecute.
p.76/240 Sep 1744 On complaint of Francis Mabry alledging that he was challenged from his Horse & assaulted by Robin a Negro man slave belonging to Daniel Eppes. The sd Francis and the sd. Robin were heard by their Attornies. In consideration the Court are of the opinion that the sd Robin is guilty in manner & form as the sd Francis hath complained. The said Robin be taken to the publick whipping Post and receive thirty lashes on his bare back. It is ordered that the Sherif cause immediate execution to be done.
p.95/294 Jun 1745 John Williams, an infant, by James Williams his father & next friend against Francis Mabry deft. Dismissed, being agreed by the Parties.
Frances married Mary Eppes circa 1737. He died 18 Apr 1774 in Bute Co NC.
Bute Co was divided into Warren & Franklin Counties in 1779 and Bute discontinued.
Minutes of Bute Co Court of Pleas & Quarter Sessions
Aug Court 1774
Last Will and Testament of Francid Mabry, dec'd proved by oaths of Green Hill, Esq. and William Solomon, two of the witnesses, from which proof Francis Mabry Jr., Angelica Mabry, Amey Richards, Jesse Mabry, Elizabeth Mabry and David Mabry enter a Cavaet.
Apparently the children were not happy with his will - see next.
Warren Co NC Will Book 4
p. 101 April Ct 1785 Will of Francis Mabry of Bute Co, dated 15 Jun 1773. This will is Ordered Recorded, formerly proved in Bute Court & never admitted to record.
Land on Little Bare Swamp & Linches Creek to be sold. Grandon John Mabry to have homeplace on Tar River, Little Creek, Pig Pen Branch & Buffaloe Cr. adj land sold to Moseley & that bought from Trulove, adj. Macon, Park & Parson. Grandson to have everything he owns and to be maintained and schooled out of the profits until he is aged 21. Francis Mabry Jr., Angelica Mabry, Amey Richards, Jesse Mabry, Elisabeth Mabry, David Mabry and wife are left to the devil. Extrs: Capt Joshua Mabry [likely his cousin, son of Hinchia Mabry, who also lived in Bute/Warren County] and Capt Benjn. Ward. Wit: Green Hill, James Barrow & William Solomon.
The favorite grandson John Mabry, must have been the eldest son of Francis Jr., born 8 Apr 1764 - he would have been about nine years old when his grandfather wrote the above will.
Francis MABRY III and Mary EPPES were married circa 1737. Mary EPPES was born (date unknown).
Mary was the widow of Daniel Eppes.
Francis MABRY III and Mary EPPES had the following children: