From: Lxnancy@aol.com by: Nancy
I have typed the following material as I have found it in the publication "Family Puzzlers," editor Mary Bondurant Warren, December 6, 1997, Number 1520, pages 3-4, where Mrs. Warren has been abstracting data from Hening's
Statues of Virginia, Virginia Laws - 1748:
WILLIAM JORDAN, GENTLEMAN. BERNARD GAINS, deceased, late of Richmond Co., VA,was seised of land in Lunenburg Parish, Richmond Co., 600 acres, entailed with the remainder to go to DANIEL GAINS and heirs of his body, and the remainder [after Daniel] to go to Sittenburne Parish "for the use of a glebe for the minister there of 85."
Sometime in 1746 Bernard contracted with William Jordan, Gentleman, of Richmond Co. to sell that entailed land for L8,000, and gave his bond 8-11-1746, under penalty of L1,600. If the tract were worth less than L200
Sterling within four months, Jordan could receive a deed. If more than L200 Sterling, then Gains would apply to the next General Assembly and settle the entail on another tract "so that the intail thereof should be docked and the Fee Simple [title] vested in the said William Jordan85."
Of the entail could not be docked, the Gains, his heirs, administrators or executors, would repay William Jordan all the money Gains had received on credit. Gains received "upwards to Six hundred pounds current money, whereby he was enabled to purchase a large and very valuable tract of land lying and being in the Parish of Saint Ann in the County of Albemarle, containing by estimation 3,000 acres or thereabouts, and also sundry valuable slaves, stocks, and household goods, and settled upon and seated the tract of land, intending in a short time to remove himself and his family, which was increasing and likely to become numerous upon the same [Albemarle land]. "Gains' first attempt to dock the entail failed. Sometime in 1746 he "did publickly Advertize at the several churches in the Parish of Lunenburg th at
Application would be by him made to the next succeeding General Assembly to obtain an act for docking the entail of the said 600 acres, designing at that time to settle the said tract of 3,000 acres [Albemarle] or part thereof that should be equivalent, to the same uses in lieu thereof [of the entailed land].
But before the meeting of any General Assembly the said Bernard Gains,
sometime in the month of November, in the year of our Lord 1747, departed this
life leaving Elizabeth, his widow, and four small children of tender years, one
male and three females.
"Upon the supposition that the Intail of the said 600 acres of land could not be docked after his death, and even at the time of making the said will, intended to made another [will]" and name persons "to solicit the General Assembly for an act for docking" the 600 acre tract's entail. Approval of the entail swap from the 600 acre to the 3,000 acre tract would serve to preserve "not only all the slaves, stocks, and other personal estate of the said Bernard Gaines will be preserved and remain to be distributed among his widow and Relict, Elizabeth, and his said children to the manifest benefit and improvement of the said 3,000 acres of land85 and to support and maintenance of the said Elizabeth, and her Children, but there will also remain due from the said William Jordan, a considerable balance after the payment of all the debts of the said Bernard Gaines. "Unless the swap was approved, the Albemarle land which "is daily improved in its Value 85 and Elizabeth and her said Children must all unavoidable be reduced to the most extreme poverty and become destitute of all manner of support and subsistence."
The Assembly approved the swap of the entail, transferring it to the Albe marle tract, to be held and "vested in DANIEL GAINS, the son of the said Bernard Gains, deceased, in fee tail, under the same restriction85."
I, like many of you, am trying to find proof that the wife Margaret of John Pryor (some say John Henry Pryor) of Orange Co., NC, will 1771?, was Margaret Gaines.
Will of Elizabeth Flournoy of Scott County, Kentucky, 04 June 1797 [I have typed this will as I can best determine the handwriting, including the spelling, capitalization, and punctuation. Typed by Nancy Brann Alexander, 25 Mar 1996, descendant of John Pryor through daughter Elizabeth Flournoy, by her first marriage to Charles Smith and her daughter Margaret "Peggy" Smith, who married John Dabney. NOTE: Doris Reed, who copied this information from
Will Book A, says "Scott Co became Scott Co in 1792. from 1790 to 1792 it was part of Woodford Co and before 1790 part of Fayette Co. The court house burned in 1833 & again in 1837 destroying all marriages & most wills & deeds.
What was saved was recopied. just as it was . . . That's what the blank areas are. Sometime wills were refiled or copied out of order."] I Elizabeth Flournoy of Scott County and State of Kentucky being advanced in life and ever liable to die but being sound in mind think it proper to arrange my worldly concerns whilst I am in a capacity for so doing as I wish them to be distributed when I am dead. I therefore make and ordain this my last will and testament
First I will and give to John P Smith Lemuel Smith & Peggy Dabney Saml
Flournoy Robt Flournoy and Thomas Flournoy five Shillings to them & their
13th should Lucy Flournoy die without . . . . . . I Devise that the Negro Boy
Henry may be given to Francis Flournoy to him and his heirs forever & the
feather Bed to Eliza L Henry & their heirs forever
Signed sealed & Ackn in presence of Elizabeth Flournoy in presence of us Philip S Rodes
Janes Kelly & Polly Kelly
A codical to the last will and testament of Elizabeth Flournoy Since the date of my will which is the fourth June 1797 I have parted with two horses are then willed to my daughter Eliaz L Henry in lieu thereof I have given and bequeathed to Said daughter the new horse which I have lately given my black mare for Also give said daughter the black mares Colt and Bonnys youngest colt which last mentioned colt was bequeathed to my son Mathews in the will but which I see cause as so mentioned to dispose of in another way I give my horse called plato to my son Mathews the Steelyards I Bought of William wilson I give to my son Jno Flournoy witness my hand and seal to this my Codicil this seventh decr one thousand Seven hundred and ninety seven
Signed Sealed & Elizabeth Flournoy Acknowledged in presenc of............Philips L Roots ....James Kelly
Scott County sst January Court 1798 . . . .
This the last will and Testament of Eliza Flournoy was this day produced in court and proved by the oath of Philip S Roots & James Kelly and ordered to be recorded And Francis Flournoy the executor therein named having taken the oath end entered into an acknowledged his bond as the law directs Probate is granted hm in due form Test John Hawkins clk
Know all men by the these presents that we Francis Flournoy & Jas Kay are held and firmly Bound unto John Mosby John A Miller & Rodes Smith Gentlemen Justices of Scott County in the sum of Fifteen hundred pounds current money to be paid to the said Justices or their Successors the pay ment whereof well and truly to be made we bind ourselves and each of us anea Each of our heirs Exors & Admors Joinlly severally & firmly By these presents sealed with our seals and dated this 22nd day of Jan 1798
The Condition of the above obligation is such that if the above Bound Francis Flournoy Exator of the last will and Testaiment of Elizabeth Flournoy decd do make or cause to be made a true and perfect Inventory of all and singular the good chattles and credits of said Decd which have or hereafter shall come to the hans possession or Knowledge of hin the Said Francis or any other person or persons for him and the some so made do Exhibit unto the Said County Court of Scott at such time as he shall be thereunto riquired by the Said court and the said goods chattles and credits do Adminester acording to law by rendering a just and true account of all his actngs and doings therin and paying the legacies in the said will mentioned as fore as the goods Chattles & credits will Extend . . . . .then the above obligation to be . . .otherwise to remain in full force and vertue . . . . .Acknowledge in open Court
Test Francis Flournoy
John Hawkins James Kay
Abstract: Will of Elizabeth Flournoy of Scott County, Kentucky, 04 Jun 1797,
and codicil, 07 Dec 1797
I have copies entries from Mrs. Homann's books concerning PRYOR Data from "The Granville District of North Carolina 1748-1763," by Margaret M. Hofmann. I have also included SMITH data, because Elizabeth Pryor, daughter of John Pryor, married first Charles Smith. OR: refers to original record
Abstract of Land Grants Volume One (Anson, Beaufort, Bertie, Bladen, Chowan,
Cumberland, Currituck, Dobbs, Edgecombe), by Margaret M. Hofmann:
Patent Book 11: 788 pg. 186 JOHN HATCHER 25 Mar 1752 160 acres in Edgecombe County on the N. side of White Oak Swamp, joining Mclemores line and the sd. swamp OR: JOHN HATCHER Wits: JNO HAYWOOD, JNO PRYOR surveyed 29 June 175-
(?) SCC: BENJAMIN WILLIAMS, JOHN MCMYALL (?) JAMES CONNER Surveyor.
Patent Book 12: 2059 pg. 15 PHILIP PRYOR 20 Dec 1762 258 acres in Orange County on the fork of Mako Creek of Hico, joining JOHN PRYOR OR: /s/ PHIL
PRYOR Wits: JAS WATSON, ALEX BELL examined by: THOS BLOUNT and W CHURTON surveyed 10 July 1760 SCC: JAS WEBB, GABRIEL DAVEY W CHURTON Surveyor.
Patent Book 12: 2062 pg. 15 JOHN PRYOR 20 Dec 1762 429 acres in Orange County on both sides of Hicoe Creek, joining HUMPHREY BARNETT, JAMES STEWART, and the mouth of Beaver Branch OR: /s/ JNO PRYOR Wits: JAS WATSON, HENRY
SELL examined by: THO BLOUNT and W CHURTON surveyed 19 Mar 1762 SCC:
"Orange County, N Carolina I, HUMPHREY BARNETT Do hereby sign over all my right and title to an Entry of Land that I entered on Hicoe Creek to MR JOHN
PRYOR for value recd of him --- Witness my hand this 17 Aug 1762 /s/ HUMPHREY BARNETT Wit: JOHN LEA".
Patent Book 12: 2069 pg. 17 PHILIP PRYOR of Granville County 29 Apr 1754 300
acres in Orange County on both sides of Mayo Creek OR: /s/ PHILIP PRYOR
DAVY DAN WELDON Surveyor Plat reads "...Land in Granville County".
Patent Book 12: 2093 pg. 22 JOHN PRYOR 20 Dec 1762 698 acres in Orange County on the Waters of Maho Creek, joining FREDERICK CARLOCK, ROBERT DONELSON, and both sides of a Branch OR: /s/ JNO PRYOR Wits: JAS WATSON,
HENRY SELL examined by: THO BLOUNT and W CHURTON surveyed 22 Jan 1762 SCC:
Patent Book 12: 2136 pg. 30 LUKE ROBERTSON 2 Jan 1761 550 acres in Orange County in the Parish of St. Matthew on the S side of Hico Creek, joining the County line and JOHN PRYOR OR: /s/ (mark) Wits: JAS WATSON, BENJ HART examined by: THO JONES and W CHURTON surveyed 28 Jan 1757 SCC: LAWRENCE
RAMBO, JOHN USREY SHERD HAYWOOD D Sur.
Patent Book 12: 2147 pg. 33 JOHN SMITH 30 July 1760 236 acres in Orange County in the Parish of St Matthew on both sides of Wolf Island Creek, joining the Bents of the sd creek OR: /s/ JOHN SMITH Wits: JAS WATSON, BENJA HART examined by: RICHARD VIGERS and W CHURTON surveyed 17 Nov 1759 CC: EPHRAIM
POTTER, EMANUEL ROSE W CHURTON Surveyor. Patent Book 12: 2148 pg. 33 ANN SMITH 2 Aug 1760 54 acres in Orange County in the Parish of St Matthew, joining BENJAMIN MERRIT, the Virginia line, and the Country line Creek OR: /s/ (mark) Wits: W CHURTON, ROBERT STUART examined by: THO JONES and RICHD VIGERS surveyed 15 Apr 1755 SCC: WM
ROBERTS, SURLS LEWIS W CHURTON Surveyor.
Patent Book 14: 2544 pg. 23 THOMAS PARKER 26 Oct 1752 231 acres in Granville County in the Parish of St John on the S side of Tar River, joining the mouth of Mill Creek and the sd river OR: /s/ THOS PARKER Wits: JNO
HAYWOOD, JNO PRYOR surveyed 9 May 1749 SCC: ROBT PARKER, THOMS HARDEN JOHN WADE Surveyor. Patent Book 14: 2556 pg. 26 THOMAS PARKER 26 Oct 1752 650 acres in Granville County in the Parish of St John on Mill Creek Alias Wolfpit Creek, joining ROBERT JONES JR, Bridges line, JOSEPH BRIDGES, and JOSEPH BRANTLEY OR: /s/ THOS PARKER Wits: JNO HAYWOOD, JNO PRYOR surveyed 15 Nov 1750 SCC:
SAML HARDING, ROBERT HARAGIN WILL CHURTON Surveyor.
Patent Book 14: 2595 pg. 36 JOHN PRYOR 6 May 1757 276 acres in Granville County in the Parish of St John on the Branches of Grassy Creek, joining Pryors line and CHARLES SMITH OR: /s/ JNO PRYOR Wits: JNO HAYWOOD, JNO HAWKINS surveyed 3 Feb 1756 SCC: DRUERY SMITH, JOHN POWELL SHERD HAYWOOD DSur
Patent Book 14: 1894 pg. 435 LYDIA LASHLEY 2 Dec 1760 600 acres in Granville County in the Parish of St John on both sides of Grassy Creek, joining CHARLES SMITH surveyed 17 Feb 1758.
Patent Book 14: 2671 pg. 58 CHARLES SMITH 6 Nov 1755 248 acres in Granville County on both sides of Aarons Creek, joining JOHN PRYOR OR: /s/ CHARLES SMITH Wits: JNO PRYOR, JNO HAYWOOD surveyed 3 Feb 1755 SCC: PHILLIP PRYOR,
ROBERT PRYOR SHER HAYWOOD D Sur
Patent Book 14: 2698 pg. 65 ELIZABETH SMITH 23 Aug 1759 560 acres in
Granville County in the Parish of St John on both sides of the W fork of Grassy
Creek OR: /s/ ELIZTH SMITH Wits: W CHURTON, JNO PRYOR surveyed 14 Aug 1753 SCC:
WM GILL, CHARLES SMITH W CHURTON Surveyor
3658 CHARLES SMITH warrant dated 25 Apr 1751 to MESSRS CHURTON and WELDON to survey 640 acrs in Granville County on Grassy Creek, joining the sd creek - Including the place that Thomas Osborn once intended to build a House entered 8 Feb 1750 /s/ THO CHILD Note on document reads: "Continue for Six Months"
3659 JOHN PERSON warrant dated 31 Oct 1752 to DANIEL WELDON to survey 640 acres in Granville County on both sides of Grassy Creek entered at Edgcombe 28 Oct 1752 /s/ FRAS CORBIN Back of document reads: "Surveyed for CHARLES SMITH /s/ DAN WELDON"
3660 CHARLES SMITH warrant dated 25 Apr 1751 to MESSRS CHURTON and WELDON to survey 640 acres in Granville County near the head of the West fork of Grassy Creek, joining the sd Creek entered 8 Feb 1750 /s/ THO CHILD Note on document reads: "Continued for Six Months 1 Nov 1751 /s/ FRAS CORBIN"
3661 DRURY SMITH warrant dated 26 Apr 1754 to SHERWOOD HAYWOOD to survey 640 acres in Granville County near the head of The Middle Fork of Aarons Creek, joining the sd Creek entered 26 Apr 1754 /s/ FRAS CORBIN Back of document reads: "Deed 4 Nov 1757"
3662 DRURY SMITH warrant dated 10 Nov 1757 to SHERWOOD HAYWOOD to survey 640 acres in Granville County on both Sides of Andrews Branch, entered 4 Nov 1757 /s/ FRAS CORBIN Back of document reads: "Grant 27 Nov 1760"
3663 DRURY SMITH plat dated 15 Feb 1758 577 acres in Granville County on both sides of Andrews branch SCC: STEPHEN NORTON, JOHN POWELL SHERD HAYWOOD Dep Survr Entered 4 Nov 1757
3546 PHILIP PRYOR warrant dated 25 Apr 1751 to MESSERS CHURTON and WELDON to survey 400 acres in Granville County near the Head of Conaways Branch, joining bear Creek entered 28 Jan 1750 /s/ THO CHILD
3647 PHILL PRYOR warrant dated 9 Oct 1760 to THOS PERSON to survey 700 acres
in Granville County on Shearmons Road, joining Smiths line /s/ DAN WLEDON
Reutrned, executed 26 May 1761 Back of document reads: "Granted 25 July
3549 PHILLIP PRYOR plat dated 26 May 1761 600 acres in Granville County on both sides of Redy branch, joining Willis's line and Smiths line SCC: JNO RAGAN, JNO HOGANS THOS PERSON survr
Hope this information is a value to some of you. Nancy Alexander
Web Site owner is Pauline Phelps