Avery Dye
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Avery Dye (1690 - bef. 1757)

Avery Dye
Born in Rappahannock, Colony of Virginiamap
Ancestors ancestors
Son of and
Brother of , , , , and
Husband of — married Oct 1710 in Richmond County, Colony of Virginiamap
Descendants descendants
Father of , , , , , , and
Died before before age 67 in Richmond, Colony of Virginiamap
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Biography

U.S. Southern Colonies Project logo
Avery Dye was a Virginia colonist.

Avery Dye was born about 1694 in Richmond, previously Old Rappahannock County, Virginia. [1]

Avery was born in (Old) Rappahannock in 1690. in 1692. Richmond County Virginia, since he was born about 1694. The Indian named Old Rappahannock ceased to exist in 1692 when Richmond County, Virginia was formed from (Old) Rappahannock. Look at Virginia Formation Map. Pike-2301

Avery Dye, son of Arthur, was mentioned in the 1704 will of his God-Father Avery Naylor, who was the third husband of Avery's maternal grandmother (Katherine Unknown Hopkins Unknown Naylor that was born about 1645 and still living in 1705. This was Avery's inheritance from Naylor: I give and Bequeath unto my godson Avery Die son of Arthur Die one feather bed called his grandmothers and _____ and all furniture belonging to it and one great iron pot and the first negro Child that my negro woman brings as soon as it is weaned and can go to him and his heirs of his body lawfully begotten and one ____ heifer of two years old and three pewter dishes and half a dozen of plates and one of my brass ____ and one young horse which came of my grey mare and also twenty thousand pounds of tobacco also ten thousand pounds of tobacco more to be paid when his grandmother pleasith ___ this ____ and his age of one and twenty years.[2][3][4][5]

Avery naylor also forgives

On March 6, 1711, "Upon the Petition of AVERY DYE, it is Ordered that ARTHUR DYE, FATHER of the said AVERY DYE, to pay unto him the sum of Thirty Thousand Pounds of Tobacco (TOBO). The same LEGACY and ___ given by AVERY NAYLOR to the said AVERY DYE and was in the hands of said ARTHUR DYE."[6]

Thusly by March 6, 1711 Avery was 21 and 30,000 pounds of tobacco was given to Avery or the value of therof was paid to him. It is not known if his grandmother Katherine (Unknown) Hopkins is still alive. late in life it seems that Avery's Grandmother married his God Father. This proves that Avery was born in 1790 or possibly before.

This record, coupled with the fact that Avery was underage at the time, gives rise to the supposition that Avery had rushed into a marriage with the underage Catherine Mackmillion. This supposition is reinforced by the fact that, in a Dec. 1710 deed, Catherine's widowed mother promised promised to give her cattle and various kitchen and household items to be when she married or reached 18 years old.[7]

Catherine Mackmillion married in Oct 1710 for the first time (or were these marriage bonds and they were married after The December Gift) while her mother Frances married for the 3rd time to George Hopkins the very same month. Catherine's oldest son Avery Jr. supposedly was born in 1711. Pike-2301

On 20 Feb. 1719/20 in Richmond County, Avery Dye witnessed a payment from his uncle George Hopkins to William Baptie, Jr. (on account of John Baptie, deceased).[8]

Avery Dye was a witness to the 1729 will of William Bailey, husband of Avery's wife Catherine's sister Charity. The will directed William's underage son John to live with Avery until age 21.[9] This book misspells the surname of the wives of William Bailey and Avery Dye (they were sisters) as "Mackmellion and McMillian

Avery Dye, Sr., was mentioned as a son-in-law in the 1745 Will of Avery's mother-in-law Frances (Newman) Mackmellion Willson Hopkins.[10]

Will

The will of Avery Dye
In the name of God Amen. I Avery Dye of the Parish of Lunenburg and County of Richmond being weak of body but of sound memory thanks be to Almighty God for the Same do make this my last Will & Testament in manner and form following. First and Principally I my' Body to be Decently Buried at the discretion of my Executors hereafter Nominated.
Item. my Will is that my Dear Wife Catherine Dye have the use and Benefit of all this Tract of Land I now live on with all_____ and Appurtenances thereto Belonging During her Natural Life or Widowhood and after her Discease to be Tenanted to the best Advantage and the Rents Annually Divided Equally among my Children in general. until my Grandson Martin Dye arive to the Age of Twenty one Years ---
Item. My Will is that my Loving Wife have the use and Benefit of my part of the Tract of Land left between me and my Son Avery Dye by the last Will of Frances Hopkins Dec'd. During her natural life or Widowhood and after her Dec. etc to be Sold to the Highest Bidder and Divided Equally among my four sons Avery, William, George, and Fauntleroy Dye, but will farther is that ny Aforesaid Wife may Immediately after my Death or in any time of her Natural Life or Widowhood - Sell the aforesaid Tract of Land and have an Equal part with my aforesaid Sons to her own use and Benefit -
Item my Will is that my Personal Estate be Inventory'd but not Sold. unlefs Necesity should Suggest. --
Item my Will is that after my Just Debts and Funeral Charges be paid, that my Wife have the use of my Personal Estate and Sambro, Punch and Fillis to all intents and purposes During he Natural Life or Widowhood and after her Dec. or Marriage then all my Children to have Share and Share alike-
Item. my Will is that if my Wife DiE before my Son Fauntleroy arive to the Age of Twentyone years that I leave him to his Godfathers -
Item. my Will is that my wife bear an Equal Part of the Charges of the Land now in Dispute that shall or may come against my Son Avery Dye in that Suit now Depending Between my Sd Son and Mr. Richard Barnes -
Item. I leave my loving Catherine Dye and my Son Avery Dye and Thos. Newman Ex tc and Executors of this my last Will and Testament in Witnefs herof I have hereunto set my hand and affixed my Seal this 24th Day of October one thousand Seven hundred And fifty Six -
Interlin'd before Afsigned Avery Dye (Seal)
Witnefs Avery Dye -
John New Newman Jun r )
& John Newman Joy ' n ' r )
Thos Newman - )
At a Court held for Richmond County the 4th Day of April 1757 This Will was presented in Court by Catherine Dye & Thomas Newman Exec'trs and prov'd by the Witnefs's thereto & Admitted to Record - Test T. Tarpley DC -

NOTE: Avery's Will from Richmond Co. Va. Court House. Typed in the 1970's on IBM Selectric by Elizabeth Budai Dye. Copy of original was illegible. -- Transcribed from MP3 by Pike-2301 July 14, 2015 and has a copy of the will in type with original formatting. :Pike-2301

Sources

  1. ↑ Early Colonial Settlers of Southern Maryland and Virginia's Northern Neck Counties: Avery Dye last accessed Dec 21, 2015
  2. ↑ Robert K. Headley, Jr., Wills of Richmond County, Virginia 1699-1800 (1993), p. 12.
  3. ↑ "Virginia Wills and Probate Records, 1652-1983"
  4. ↑ "Richmond ( County) Wills and Inventories Vol 1-3, 1699-1717; p76"
  5. ↑ "Ancestry.com microfilm frame 81/339"
  6. ↑ Richmond County court record quoted in a 2005 message board post by Marsha Hamilton.
  7. ↑ Catherine McMillion's page at the Early Colonial Settlers of Southern Maryland and Virginia's Northern Neck Counties website, citing 1708-1711 Richmond County, Virginia Deed Book 5 (Antient Press), p. 288.
  8. ↑ Beverly Fleet, Virginia Colonial Abstracts, vol. 1, p. 318.
  9. ↑ Thomas Newman 1620-1700: Original Immigrant to Virginia and Some of His Descendants, by Preston Earl Newman (1995), p. 4.
  10. ↑ Robert K. Headley, Jr., Wills of Richmond County, Virginia 1699-1800 (1993), p. 93. Avery's will is given on page 98 of this book.




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DNA Connections
It may be possible to confirm family relationships with Avery by comparing test results with other carriers of his Y-chromosome or his mother's mitochondrial DNA. However, there are no known yDNA or mtDNA test-takers in his direct paternal or maternal line. It is likely that these autosomal DNA test-takers will share some percentage of DNA with Avery:

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Avery Dye
Avery Dye


Comments: 10

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Karen Allman
Dye-457 and Dye-336 appear to represent the same person because: Same person per same parents
posted by Karen Allman
Karen Allman
Dye-457 and Dye-336 do not represent the same person because: Error in creating this merge request
posted by Karen Allman
Paul Sigmundson
Martin Dye, son of Martin Dye, appears to have been born in 1746 or thereabout. The evidence for that is a deed of sale subsequent to the will of Avery Dye Sr. dated 1756, in which he specifies that his land not be sold until Martin Dye, his grandson reaches the age of 21:

General index to deeds, 1692-1915; deeds, 1692-1869 Authors: Richmond County (Virginia). County Clerk Deeds, Vol. 12 1757-1768; Family History Library; United States & Canada 2nd Floor Film 33693 DGS 8562390 https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3QP-QKNS?i=680&cat=401188 page 757 Dated 23 March 1767; 6 Apr 1767 Sale and deed from Martin Dye, Catherine Dye and Mary Dye to William Flood witnesses include Fauntleroy Dye and Ann Dye [apparently subsequent to the death of Avery Dye 4 Apr 1757 and includes his wife and Martin Dye, (son of Martin Dye), his ward and grandson (see Avery's will and guardianship court papers), as well as son Fauntleroy and apparently two daughters, Ann and Mary, although Mary may be the wife of Martin, who has a wife Mary in later land sales. Presumably, Martin had reached the age of 21 by this date.]

This suggests that Martin Dye, the deceased father of Martin above, was married in about 1743, with a daughter born in 1744 and Martin Jr. born in 1746. Martin Sr.'s probate is dated Jan 1746, or Jan 1747 by the new calendar. Since Martin Sr.'s father Avery was quite wealthy by the standard of the day, Martin would have married by the age of 21 or before, putting his birth at 1722 or later.

The only dates bearing on the time of marriage of Martin's parents are from a deed of gift from Catherine MacMellion's mother dated 1710 which provides for a gift when Catherine turns 18 or is married: https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSKV-GSVW-P?i=323&cat=401188

and a later will of George Hopkins, 3rd husband of Catherine MacMellion's mother dated Aug. 1719 in which he refers to his wife's daughter as Catherine Dye: https://www.familysearch.org/ark:/61903/3:1:3Q9M-C9PF-CS7S-H?i=96&cat=366820

If we can estimate Martin's birth at 1722, then Avery Jr., Martin's brother would be born about 1720 with Avery Sr.'s marriage in about 1719, or possibly a bit earlier, if we assume a child that died early or an unnamed daughter. I am assuming that the first two children were named after the father, Avery and then his grandfather, Martin. That would imply dates of birth for the other siblings of Martin Dye of 1724 (George Dye), 1726 (John Mackmellion Dye), 1728 (Catherine (Dye) Newman), 1730 (William Dye), 1732 (Frances (Dye) Newman), and 1734 (Fauntleroy Dye). The dates might be slightly later for the later children, due to possible unnamed daughters, children that died and declining fertility with the mother's age. Avery Dye Sr.'s will does not name any daughters.

Catherine MackMellion's birth can be estimated from one source, her father's will written in 1701 names her as the youngest child. https://www.familysearch.org/ark:/61903/3:1:3Q9M-C9PF-CSBJ-5?i=94&cat=366820 which implies birth in 1698 - 1700, since Catherine's mother was quite young then and there were only the two daughters named in her father's will.

posted by Paul Sigmundson
edited by Paul Sigmundson
Paul Sigmundson
One comment about Avery's marriage date. I can't imagine her own mother not knowing that her daughter Katherine (Mackmellion) Hopkins was married when she wrote the deed of gift in Dec 1710 (7), so presumably the marriage happened after that gift. There is also a curious event that is suggestive. In March of 1718 a survey dated Feb 11 1707/8 describing property jointly bought by Arthur Dye and Robert Hopkins on that date was read into the court record at the request of Avery Dye. This is well after the date of Avery's law suit for his inheritance in 1711 directing his father, Arthur Dye, to transfer the 30,000 pounds of tobacco that was his inheritance from his god-father to Avery. It suggests that his father had died by that date - or had not paid the inheritance due Avery by then. The passage of seven years and the lack of any court cases involving Arthur Dye after that date argues for Arthur having died by then. The regular lawsuits over tobacco with a range of defendants makes it look like Arthur was in the business of acting as an agent in collecting debts for tobacco merchants, and the lack of further court dates is odd for someone aged under 45. See:

https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSL6-GSSD-B?i=298&cat=509751

posted by Paul Sigmundson
edited by Paul Sigmundson
Nancy Carr
Thought this might be helpful...

On 15 March 1711/12 Petition of Avery Dye ordered Arthur Dye, father of sd. Avery do pay him 30,000 lb. tobacco, legacy ranted by Avery Naylor dec’d. to sd. Avery Dye in the hands of sd. Arthur Dye.

On 6 August 1712 Suit in chancery Arthur Dye agst. John Fennell, Jos. Woodard, John Warner, Wm. Marks cont.

On 7 May 1713 Richmond Co., Va George Elkridge and Arthur Dye bound unto Wm. Bruce and his heirs….Judgement by Wm. Bruce agst. Arthur Dye to appear on 9th day of next general court…debt.

Will of Patience Cleves of Richmond Co., Va dated 27 Feb 1713/14 and probated 2 June 1714 names Avery Dye to have one gold ring, rest of estate in general to beloved grandson John Ford. Further I do will and desire Henry Bruce Sr. to have the same (grandson) in custody to look after….as he thinks fit for the good of aforesd. John Ford till the age of 21, exec. Henry Bruce, witness Wm. Bruce. On 8 April 1714 Arthur Dye to attend court, did not attend and fined 200 lb. tobacco.

On 2 Aug 1717 Richmond Co. Va. Arthur Dye suit in chancery agst. Thomas Thornton is defunct the complainant not prosecuting.

On 29 June 1719 Richmond Co., Va. Matthew and Elizabeth Thornton of Sitt. Par. sold to William Fauntleroy “all that dividend of land in Sitt. Par. whereon Robert Hopkins, father of sd. Elizabeth, formerly lived cont. 84 ac. and adj. Robert Hopkins and Arthur Dye, division of their land done 10 Feb 1707/8 and witnessed by George Hopkins and Thomas Thornton. This deed was acknowledged in court 1 July 1719 by Matthew and Elizabeth Thornton. On 6 May 1724 Richmond Co., Va. Arthur Dye, evidence for John Newman agst. Joan Stephens and Jane Dowley, attended 1 day.

On 5 July 1727 Richmond Co., Va. Arthur Dye Sitt. Par. summoned to answer presentment, not appearing, he to pay churchwardens for not going to church for one month.

On 5 June 1728 Richmond Co., Va. summoned Arthur Dye and Jane Eachew to answer presentment….for being reputed to live in fornication within six months past.

On 4 July 1728 Richmond Co., Va. Grand jury agst. Arthur Dye and Jane Eachew both of Sitt. Par. for being reputed to live in fornication is dismissed, no prosecution.

On 7 Nov 1732 Richmond Co., Va. Arthur Dye of Lunenburg Par. Richmond Co. summoned for not going to church. Same date Robert Dye of Lunenburg Par. fined for not going to church for two months. Same date Katherine Dye of Lunenburg Par. fined for not going to church for two months.

posted by Nancy Carr
edited by Nancy Carr
Paul Sigmundson
I had guessed that the Arthur Dye of Sittenbourne or Lunenburg was another man, possibly the son of Arthur Sr. - he appears to have moved around a bit, maybe to avoid attention? This would assume that he was born earlier than shown. The name "Arthur Jr." implies that he was born shortly after Avery, who was born in 1690 or thereabout. If he was born before 1703, he could easily be the man in the entries from 1724 and after. In fact, I believe that the age of majority back then was 16 or 18, and as such able to testify in court after that age.
posted by Paul Sigmundson
edited by Paul Sigmundson
Nancy Carr
Thanks for your reply.

The age of majority for men was 21 for any court issues. They could be witnesses at 14, marry with father's permission up to 21. The issue is real property. Men could buy property at 18 but not sell till age 21, so it was rare for an 18 yr. old to conduct court business. It would be unusual for a court appearance of a man under 21 unless with a guardian or next friend.

Arthur Dye was born 18 May 1673 which makes him only 55 in 1728 which, I agree, is old for the time period but many lived to 70 as well. Sorry, but I haven't found an Arthur Dye Jr. mentioned. Do you have that?

Newman, Kelly, Dye, Bruce, Thornton, Norton, Wilson, I believe, were neighbors in Lun. Par. on the border of Westmoreland Co. I am trying to trace the wife of Matthew Kelly 1702-1772. I think she is Sarah but believe I can prove she was not Sarah Eidson. I am tracing mtDNA descendants trying to prove Mary Thornton, the wife of Wm. Lee of Richmond Co. was the mother of his daughter Ann Lee who married Joseph Hanks. You can find more about the Hanks connection on geneticlincoln.com.

I am willing to share my write ups but it will have to be on email, if you are interested. [email address removed]

posted by Nancy Carr
Pike-2301 Eddie Pike
Left Ancestry / Rootsweb paragraph as the source of Avery's birth year. Added paragraph explaining Richmond County formation.
posted by Eddie Pike
Gunther-113 Russ Gunther KT CH
Hello friends/cousins,

This Biography states: Avery Dye was born about 1694 in Old Rappahannock County, Virginia[1] - [1] Early Colonial Settlers of Southern Maryland and Virginia's Northern Neck Counties: Avery Dye last accessed Dec 21, 2015

...so his birthplace should be changed to Rappahannock County (not Richmond County), correct?

Thank you, Russ Gunther 7th great-grandson of Avery Dye

posted by Russ Gunther KT CH
[Living Schmeeckle]
Per Wills of Richmond County, Virginia, 1699-1800:

p. 12 Avery Dye, son of Arthur, mentioned in the 1705 will of his god-father Avery Naylor.

p. 93: Avery Dye, Sr. mentioned as son-in-law in the 1745 will of Frances Hopkins.

p. 98: 1756 will of Avery Dye.

posted by [Living Schmeeckle]

Rejected matches › Arthur Dye (bef.1673-) › Arthur Dye Jr. (abt.1715-)

Featured National Park champion connections: Avery is 13 degrees from Theodore Roosevelt, 19 degrees from Stephanus Johannes Paulus Kruger, 15 degrees from George Catlin, 14 degrees from Marjory Douglas, 18 degrees from Sueko Embrey, 16 degrees from George Grinnell, 23 degrees from Anton Kröller, 17 degrees from Stephen Mather, 21 degrees from Kara McKean, 16 degrees from John Muir, 17 degrees from Victoria Hanover and 23 degrees from Charles Young on our single family tree. Login to find your connection.

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Categories: Richmond County, Virginia Colony | Virginia Colonists