John Avery (abt. 1660 - bef. 1740)

Born about 1660 in Isle of Wight, Virginia

Ancestors

Descendants

Died before 27 Oct 1740 before about age 80 in Hyde County, North Carolina

Problems/Questions Profile manager: Joseph Schumacher [send private message]

Biography

John Avery was probably born in the vicinity of Bristol,England about 1660. It is possible he was born in Virginia, but less likely. He was not the son of Richard Avery, who had another son named John. John's exact date of birth is not known. It is entirely plausible that he is a younger brother of said Richard, and came over from England himself. Kinship with Richard is supported by the legacy given to Lydia Cathright in his will. This family is connected with the Avery's of Surry County also.

As described here, it is probable that John Smith, Sr. was a son of this John Avery. If true, then John Smith was a natural son. It is also possible that Avery did not use his real name until late in life, and may have used Smith upon his arrival in Carolina. Why would this be a possibility? Since he used an upside down anchor as his mark on his will, and he lived east of Bath; He probably was a mariner in his youth and perhaps a smuggler or pirate. This area was the perfect place to disappear, and many did just that. Let's remember the famous Captain of the Fancy Henry Avery, aka as John Avery, Every, and Captain Bridgeman; who also came from the West Country.

There were very few Avery men in the area. A Thomas Avery who served on the grand jury in Chowan Precinct is assumed to be a son of Richard. These relationships are tentative. Richard did have a documented son Thomas and this seems likely, but it is not proven. Likewise what is to be made of the James Avery of Virginia listed in the will below? No other reference to him has yet been found.

Avery moved into Carolina around 1700. He lived east of the town of Bath in Hyde Parish; the region east of Bath and north to the Albemarle Sound, became Hyde Precinct, then Hyde County.

John was married two times. His first wife in not yet identified. However she would be the mother of John Smith, Sr. It is not yet determined. John married Jane as his second wife. He was not entirely trusting of her to follow his instructions regarding his legacy. He did not make her Executrix, and gave instructions in case she disputed the will. He put John Smith, Sr. and John Smith, Jr. along with Lydia Cathright and Lydia Russell as receiving two thirds of his estate if that were to happen. Hence the clear familial connection to them.^[1]

John uses what appears to be an upside down ship's anchor as his signature mark. This is an obvious reference to a great affinity for the sea. He was a mariner and possibly ship' s owner.

John Avery's will was recorded on October 27,1740 in Hyde County, North Carolina. The will abstract states:

John Avery, Hyde County. October 27, 1740. Wife Jane, Martha Smith, Agnes Slade wife of Ebenezer Slade, Thomas, William and Samuel Smith, sons of John Smith, Sr., Lydia Russell wife of Benj. Russell,Elizabeth Smith widow,Elizabeth Smith daughter of John, Dorcas Smith daughter of John,Dorcas Worsley Worldly(sic),John Smith son of John, Sr., James Avery,Gilbert McNary, cousin Kezia Hadley, Elizabeth Collins daughter of Uriah Collins, Foster Jervis, John Smith son of William,Lydia Cartright; James Avery of Virginia, Jno. Smith, Sr., and Jr., and Foster Jervis executors. Test, Uriah Collins, William Silvester, William Giddens.^[2]

Note that he names his grandchildren John and Lydia, as well as daughter Elizabeth, but he does not designate them as daughter and grandchildren; nor does he designate anyone else except one cousin. Because leaves legacies to every single one of John Smith's children, it is safe to assume a familial connection.

Will Transcript

In the Name of God Amen

This twenty seventh day of October Anno Seventeen Hundred and forty, I John Avery of Hyde County in the Province of North Carolina, Gentleman Being of Perfect sense and Memory Blessed be God for it knowing the uncertainty of this Mortal Life do constitute and ordain this my last Will and Testament utterly Revoking and Disannulling all other wills aforetime made by me

First I give and bequeath my Soul to God who gave it me and as for my body I commit it to the Earth to be buried in a Christian like manner and as for what worldly goods the Lord in His Mercy hath been pleased to bestow on me I give and bequeath as followeth-----

Imprimis I will that all my just debts be paid and Satisfied that I owe to any person

Item I give and bequeath to my Well beloved wife Jane Avery the living on any of my lands during her life so that she takes no person in nor Marrys and if she doth either of them she shall have no more of my lands then, the Law Directs I Give unto my wife Jane ten cows & calves and a bull and her choice of my Riding Horses and ten Steers Some two year old Some three & Some four year old and a pair of Palintine mill stones & one bed & blanket that was my wife’s before I married her & one feather bed and furniture & two Pewter dishes and Six Pewter plates & two iron pots one Middlen Pot & the other the biggest Pot I have & one iron pot hanger and one iron Skillet & one chest & one trunk & the use of my negro Robin and my negro Girl America During her life and one Silver Spoon & five sheep & a little iron pot & a Great Arm Chair & one square table & one frying pan, Item I give my old plantation which I formerly lived on, it containing three purchases and containing four hundred and Eighty Acres to be equally divided between Martha Smith and Agnes Slade, the wife of Ebenezer Slade to them and their heirs forever. Item I give my lands that I now live on to Thomas & William & Samuel Smith children of john Smith Senior to be equally divided by their father John Smith among them, Item I give unto Lydia Russel the wife of Benjamin Russel Six cows and calves & a breeding Mair & two Pewter basons, Item I give unto Elizabeth Smith Widow two three year old Steers Item I give unto Elizabeth Smith daughter of John Smith one feather bed & furniture & three two year old heifers & a young breeding Mair & two Pewter basons Item I give unto Dorcas Smith the daughter of John Smith Junior A Breeding Mair & two cows & calves & two Pewter basons & two Pewter plates & an oval table & Bell Mettall Spice Mortar, Item I give unto Dorcas Worldy a Silver Spoon & as much money as will buy her a Scarff or a Gold Ring, Item I give unto John Smith the son of John Smith Senior one mulatto boy named Thomas to him and his heirs forever---- Item I give unto John Smith Senior my negro man named Robin after my wife’s decease & one pair of Cullen Mill Stones Item I give unto James Avery twenty pounds in Bills of this Government money Item I give unto Gilbert Macknary one young horse & two Steers one three year old one four year old & one yearling Steer & two cows & calves Item I give unto my cousin Keziah Hadley one Silver Pipe and a pair of gloves for her and her husband Item I give unto Elizabeth Collins the daughter of Uriah Collins one yearling heifer Item I give unto Foster Jervis Son one young Mair & a yearling or a two year old heifer and a pair of gloves for him and his wife Item I give unto John Smith Son of William Smith deceased my negro named Pomp & four cows & calves & four four year old Steers Item I give unto Lydia Cathright my negro girl America after my wife’s decease Item I give unto James Avery of Virginia fifteen hundred weight of Beef if he will send in Salt and Barrels Item If my wife Jane Avery makes void this my Last Will & Testament I will that John Smith, Senior & John Smith Junior & Lydia Cathright & Lydia Russel have two thirds of my Estate Equally Divided amongst them and my Lands and negros entail to them and their heirs forever Item I will that John Smith Senior & John Smith Junior & Foster Jervis be my Whole and Sole Executors of this my Last Will & Testament and I have several things to give otherways

Signed Sealed and Pronounced in the Presence Of us to be the Last Will & Testament of the Testator John Avery

Uriah Collins

William Sylvester

William Giddens

His mark

Slaves

Robin Avery

America Avery

Thomas Avery

Pomp Avery

Research Note

May 2020 Update-

Given the documented evidence that John Smith was first married to Ann Slade, and she was the mother of all their children; what to make of the extensive legacies that John Avery left to each and every one of John Smith's children and grandchildren? John had remarried after the death of Ann a woman named Mary. Originally I was thinking Mary must be a daughter of John Avery but there is no evidence for this. What is more plausible is that this John Smith may be a natural son of John Avery. The birth date for both John Avery and John Smith, Sr. are estimates, so with either or both of them off several years the question of paternity is more vigorously asked. This provides one reason Avery expected his present wife to challenge the will, and for which he made contingent provisions. It is also a possibility that Avery was first married to the mother of John Smith,Sr. which would make John his stepson. In colonial legal terminology the term father-in-law or son-in-law was broadly used to include stepfather and stepson, etc.^[3]

Sources

1. ↑ http://digital.ncdcr.gov/cdm/compoundobject/collection/p16062coll41/id/234/rec/4
2. ↑ The North Carolina Historical and Genealogical Register, Volume 1edited by James Robert Bent Hathaway page 168
3. ↑ Colonial Legal Terminology

• 18 Feb 1734/5 Indenture of Sale from John Avery, SHIPWRIGHT, of Hyde Precinct in the County of Bath to Frances Banks, planter, of Hyde Precinct in the County of Bath...190 acres joining Richard Ballances line, John Gidings line, and Richard Taylors line in New Currituck....sum of 47 pounds. Wits: Gilbert McNery, Richard Taylor. Hyde Co. NC DB A, p. 30. https://www.familysearch.org/ark:/61903/3:1:3QS7-898M-R92H?i=10&cat=321181

• 25 June 1737 Indenture of Sale from John Avery, of Hyde Precinct, to Darby MacCartie, of Hyde Precinct, 200 acres in Hyde Precinct beginning and running with Nichols Booty [Nicholas Booly?] Creek bounding to land of Bailey MackCarty, formerly land of Avery. Hyde Co. NC DB A, p. 20. https://www.familysearch.org/ark:/61903/3:1:3QS7-L98M-R92Z?i=8&cat=321181

• 25 June 1737 Indenture of Sale from John Avery, of Hyde Precinct, to Bailey MackCarty, of Hyde Precinct, 400 acres land in Hyde Precinct beginning at head of Nichols Booty Creek to land formerly owned by John Gidings, to land Darby MackCarty bought of Avery. Wits: Uriah Collins, Ruth Rogers, John Maliston, Senr., Darby MackCarty. Hyde Co. NC DB A, p. 23. https://www.familysearch.org/ark:/61903/3:1:3QS7-L98M-R92Z?i=8&cat=321181

• 3 July 1737 Indenture of Sale from John Avery of New Currituck in Hyde Precinct Govt. to Thomas Rew for 100 pounds, 300 acres at the head of Frances Sincfields Creek down to Gidings line to William Inslows dwelling house. Wits: Jos. Ransdon, Gilbert McNary. Hyde Co. NC DB A, p. 48. https://www.familysearch.org/ark:/61903/3:1:3QS7-898M-R9KD?i=13&cat=321181

• 10 July 1738 Indenture of Sale from John Avery, SHIPWRIGHT, of the County of Bath in the Precinct of Hyde to Abraham Easter of the same place, 450 acres on East side of Machapongo river, running along the contract line of Thos. Giddings and where Frances Linfield formerly lived, the same plantation Avery lately bought of Thomas Giddings, meanders along Jarvis Cr. Wits: Edward Hadley, Sabastian Silverthorn, Nicholas (X) Booly. Hyde Co. NC DB A, p. 60-61. https://www.familysearch.org/ark:/61903/3:1:3QS7-898M-R9K8?i=15&cat=321181

• 18 March 1739 Indenture of Sale from John Avery of Hyde Precinct, Gentleman, to Richard Leath, Cooper, of the same place...29 pounds for tract East side of Machapongo beginning at a red oak on East side of Ducking Cr. which runs out of Slade's Cr. 50 acres adjoining the land of Jewells and Frances Banks. Wits: Sabastian Silverthorne, Roger (X) Mason, William (W) Gidings. Hyde Co. NC DB A, p. 79-80. https://www.familysearch.org/ark:/61903/3:1:3QS7-L98M-R9XC?i=20&cat=321181