Will of Elizabeth Pryor; Smith Flournoy

From: Lxnancy@aol.com by: Nancy Alexander
Date: Wed, 20 Jan 1999
Trying to find connection of Gaines to John Pryor

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.
And whereas the said Bernard Gains being convinced at the time of the sickness from which he died, that his slaves and personal estate would not be sufficient to satisfy his debts," if the contract with William Jordan could not be completed, made a will which ordered the sale of the Albemarle land, with proceeds to go toward paying Jordan and other debts.

"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.

Nancy Alexander

From: Lxnancy@aol.com
Date: Wed, 20 Jan 1999 14:25:28 EST
Subject: [PRYOR-L] Will of Elizabeth Pryor Smith Flournoy
To: PRYOR-L@rootsweb.com

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 heirs forever.
2nd I Give to my son John J Flournoy a silver soup spoon and my case of Bottles to him and his heirs forever
3rd I give to Martha Wells my black satin Cloak to her & her heirs forever
4th I Give to Francis Flournoy the stray mare called Conny and A bay horse colt two years old last spring whose dam was the mare called Polly which colt was the last said mare ever foal in my possession Also I give said Francis two cows & calves out of my Stock as also the folding table which I . . since my deceased husband Estate . . and one Teakettle to him and his heirs forever . . . and other produce that may be either growing or geothered all the meat killed or killable or intended to be killed I desire . . may be Equally divided between my son Matth & Frans Flournoy at my death
Sixth I give to Mathews Flournoy a young by filly two years old this last spring whose dam is known by the name of Bonny also A young colt foaled this spring by said mare also one Feather bed with good winter and summer furniture
Seventh I give to Lucy Flournoy one Negro Boy called Henry one Feather Bed with my Calico curtains and Sufficient furniture for summer & winter
8th All my wearing clothes I divise may be divided between my daughters Eliza L Henry and Lucy Flournoy
9th a sitt of white handle knive & fork I give to my sons Frs & Mat[?]
10th I give to Elizabeth Henry Polls largbay colt whose Line was the horse John J Flournoy sold to Col Adair and all the Stock properly belonging to me except what is otherwise disposed of in this will I also give to said daughter one side saddle the large looking glass Six silver table spoons one wheel one large punch bowl & Six glass tumblers a sett of Knives & forks one dozen china cups and saucers one dozen Earthen Plates with many squares in the Rim one large Kettle one pair of sheep shares. one candle stick one Pewter dish two double wove counterpanes a summer bed bed quilts patches blue and white a Gallon measure two black Sacks & one small Pewter Bason likewise a half a Dozen white earthen soup plates and the black mare and colt I Bought of Mayr Henry to her and her heirs forever
11th all my white Country blankets I devise may be equally divided Between Eliza L Henry and Francis Flourny
12th there there be any cash remaining after my debts . . . . . . . . . . Francis Mathews & Lucy Flournoy their heirs forever

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
14th I give to my daughterinlaw A packed calico & muslin quilt I Appoint Major William Henry & Francis Flournoy Exors of this my last will In Tesimon whereof I have hereunto set my hand and seal this 4th day of June Anno Domine one thousand seven hundred and ninety seven

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
Heirs: John P Smith Executors: Major William Henry, Lemuel Smith Francis Flournoy, Peggy Dabney
Witnesses: Philip S Roots, Samuel Flournoy James Kelly, Robert Flournoy, Thomas Flournoy
Son: John J Flournoy, Martha Wells
Son: Francis Flournoy Son: Mathews Flournoy
Daughter: Lucy Flournoy
Daughter: Elizabeth L Henry

Date: Wed, 20 Jan 1999
Subject: [PRYOR-L] Pryor & Smith land in Granville District of NC 1748-1764
To: PRYOR-L@rootsweb.com

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: 771 pg. 18 WILLIAM GILL 25 Mar 1752 480 acres in Edgecombe County, joining the Thicket swamp and (a point) near Fishers Mill Swamp OR: /s/ (mark) Wits: JNO HAYWOOD, JNO PRYOR surveyed 17 Jan 1748 CC: EDWD ROBERSON, THOS GILL WM WILLIAMS Survr

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 11: 805 PHILLIP PRYOR

Abstract of Land Grants Volume Two (Granville, Halifax, Hyde, Johnston, Northampton, Orange, Tyrrell), by Margaret M. Hofmann:

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:
EPHRAIM GOLD, WM FLETCHER W CHURTON Surveyor Note attached to plat reads

"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
Wits: JNO HAYWOOD, WILL HAYWOOD surveyed 15 June 1751 SCC: PHIL PRYOR, GAB

DAVY DAN WELDON Surveyor Plat reads "...Land in Granville County".
Patent Book 12: 2090 pg. 21 JOHN PRYOR 6 Mar 1762 237 acres in Orange County on both sides of Adams's Creek of Hicoe, joining HUGH BARNET OR: /s/ JNO PRYOR Wits: JAS WATSON, ARTHUR FORBIS surveyed 5 Feb 1762 SCC: BENJ LONG, WM MCCOY W CHURTON Surveyor.

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:
JAS COLLINS, FRED CARLOCK W CHURTON Surveyor.

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: 2143 pg. 32 JOHN SMITH 27 Oct 1753 300 acres in Orange County on the N side of Buckhorn Creek - Including the place Called the Bear tree OR: /s/ JOHN SMITH Wits: DAVID HUNTER, JNO HAYWOOD surveyed 22 Nov 1751 SCC: SAML SMITH, RICHARD BRACEWELL RICHARD CASELL JR Surveyor Plat reads "...Land in Bladen County".

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: 2538 pg. 21 JOHN PRYOR 26 Oct 1753 640 acres in Granville County at the head of Aarons Creek OR: /s/ JNO PRYOR Wits: SHERWOOD HAYWOOD, JAS PAINE surveyed 27 May 1751 SCC: RICHARD GRIFFIN, SAMUEL GRIFFIN DAN WELDON Surveyor Plat reads "...land Surveyed for RALPH GRIFFIN".

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: 2557 pg. 26 THOMAS PARKER 26 Oct 1752 285 acres in Granville County in the Parish of St John on the N side of Tar River, joining a bent in the sd river, Parkers old line, and the Bank of Buffalo to the mouth thereof OR: /s/ THOS PARKER Wits: JNO HAYWOOD, JNO PRYOR surveyed 8 May 1749 SCC: BENJAMIN SIMS, THOMAS HARDING JOHN WADE Surveyor.

Patent Book 14: 2558 pg. 27 THOMAS PARKER 26 Oct 1752 300 acres in Granville County in the Parish of St John on both sides of Billey Creek and (on the) S side of Tar River OR: /s/ THOS PARKER Wits: JNO HAYWOOD, JNO PRYOR surveyed 9 May 1749 SCC: ROBERT PARKER, THOMAS HARDING JOHN WADE 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: 2694 pg. 64 DRURY SMITH 4 Nov 1757 463 acres in Granville County in the Parish of St John on both sides of the middle fork of Aarons Creek, joining CHARLES SMITH OR: /s/ DRURY SMITH Wits: SHERD HAYWOOD. WM HAYWOOD surveyed 9 Feb 1756 SCC: CHARLES SMITH, JOHN POWELL SHERD 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

Patent Book 14: 2706 pg. 67 DRURY SMITH 27 Nov 1760 577 acres in Granville County in the Parish of St John on both sides of Andrews Branch OR: /s/ DRURY SMITH Wits: (names not given) examined by: THO JONES and WILL HURST surveyed 15 Feb 1758 SCC: STEPHEN NORTON, JOHN POWELL SHERD HAYWOOD Surveyor (?)

Abstracts of Miscellaneous Land Office RecordsVolume Four (Anson, Beaufort, Bertie, Bladen, Chowan, Cumberland, Currituck, Dobbs, Edgecombe, Granville), Margaret M. Hofmann:

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 1761"

3648 PHILIP PRYOR entry dated 9 Oct 1760 700 acres in Granville County on Smith's line, joining Sherman's Road /s/ PHIL PRYOR Wit: THOS LOWE

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

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