Archive for November 26th, 2019

Elizabeth Poyas, Wife of James Poyas

November 26, 2019

I found a mention of Elizabeth Poyas when I was looking at a record for Samuel Fickling. I revisited that and took a couple of screenshots. I thought the record was about Elizabeth Poyas, the Octogenarian Lady, but the date seemed off.

Different date, different Elizabeth Poyas. Fascinating account.

Know all men by these presents that I Elizabeth Poyas Late of Charles Town in South Carolina at present in London Wife of James Poyas Have made ordained constituted and appointed and by these Presents do make ordain

Constitute and appoint Captain William Coward of London Mariner my True and Lawful Attorney Giving and by these presents Granting unto my said Attorney full power and Lawful Authority for me the said Elizabeth Poyas in my name and for my use to ask and Receive of and from Joshua Ward Esquire of Charles Town aforesaid his Executors or administrators all such sum and Sums of money as he now hath or shall or may hereafter have in his or their hands or custody due owing payable or belonging to me the said Elizabeth Poyas and upon receipt thereof from Time to Time to Sign Seal Execute and Deliver in my Name a behalf any acquittance or acquittances or other Sufficient discharges in due form of Law and I the said Elizabeth Poyas do hereby promise to ratefy and confirm all and whatever the said William Coward shall Lawfully do or Cause to be done in the premisses by virtue of These presents In Witness Whereof I have hereunto Sett my Hand and Seal the Seventh day of October One thousand Seven Hundred and Sixty Eight

Elizabeth Poyas  L.S.

Sealed & Delivered

In the presence of

William Coombes

Richd Maitland

The Within named Richard Maitland maketh Oath that he was present and did See the Within named Elizabeth Poyas sign seal and as her Act and deed Deliver the Within Instrument of Writing or Letter of Attorney to and for the uses & purposes therein Mentioned that William Combes was Then present with the Deponant Subscribed her name and Witness to the same

Given the ninth day of

February 1769 Before me

Jno Remington    Recd 9th Febry 1769

Her husband James made it all clear when he wrote his will. Unless I have completely misunderstood his verbiage, his wife enjoyed the social and financial benefits of marriage to him without actually living with him.

13 Xs

No. 42.

In the Name of God, Amen. I James Poyas of London Merchant, do make, ordain and declare this my last Will and Testament, in manner and form following, first and principally I commend my Soul to its Almighty Creator, in the humble hope of its future Happiness, through the Merits and interession of Jesus Christ my Merciful Redeemer; And as for my Body I desire it may be interred privately and without shew or ostentation in Greenwich Church Yard, but if attended with any difficulty, wherever else my Executors hereafter named shall appoint. As to the Worldly Interest and Estate, that it hath pleased God to bless me with, I will, dispose and order the same in manner and form following. First, I direct and order that all my Just Debts shall be duly paid and discharged, and also my Funeral Expences. Secondly, Whereas by a certain Indenture or Deed of Seperation, executed in Charles Town, South Carolina, and dated the 20th January 1767, between my then Wife Elizabeth Poyas and myself, I have given, made over and granted for the considerations therein mentioned, to the said Elizabeth Poyas, a Lot of Land in King Street, Charleston, particularly described in said Deed and also my Negroes Lucy and Clarissa with sundry pieces of plate and Household Furniture mentioned in a list or schedule thereto annexed. And have moreover bound myself, my Executors and Assigns to grant and pay her a Yearly allowance of Four hundred pounds Current Money of South Carolina (or equal to Fifty seven pounds three Shillings Sterling) for her Maintenance and support, during her natural Life, which allowance was regularly paid to her, while she remained in South Carolina by my Attorney there: But having thought proper

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to follow me to England (where however she has continued to live seperate and apart from me ever since her arrival, and having as I conceive by subsequent acts of Molestation forfeited her right to the said Allowance, except in Carolina, where alone it could be understood to be payable, though I did for the sake of quiet consent to and actually did pay the same in full up to the Month of July 1779, and until the miseries of the American War disabled me to pay her more than at the rate of Forty pounds per Annum which she has continued to receive until the 20th January last 1796 when I paid her Fifty pounds instead of Twenty pounds then due, and agreed by Letter to augment her said Allowance or Stipend in future at the rate of Fifty pounds instead of Forty pounds p. Annum, which she accepted, and hath been paid her ever since, Yet as her misbehaviour and ingratitude previous to our seperation and the troubles she hath occasioned me since have much embittered my life though I sincerely forgive her as a Christian, I do hereby declare and my Will and intention is that the before mentioned Settlement by the Deed of Seperation is meant by me to be in lieu of full satisfaction for and barr of all Dower, Alimony, Interest and Customary others part or parts of my Estate which she might have claimed, had she continued a Dutiful Wife, by any right, Title or Custom whatever. And it is my further Will, Order and intention, that if upon my demise, or at any time hereafter, she the said Elizabeth Poyas should claim or demand the Arrears that may be due upon the Settlement aforesaid, and should not be content with the Stipend or Allowance of Fifty pounds per Annum last mentioned payable in England instead of Carolina in lieu there then the said arrears, and the original allowance if insisted on shall and may be paid to her hereafter in Carolina only, and not otherwise. Thirdly in consideration of the Services rendered me by my beloved Nephew John Fabre late Merchant of Charleston, but now my partner in London, I give and bequeath to him the said John Fabre and to his Heirs forever, the Sum of Five hundred pounds Sterling, clear of all Duties and Deductions whatever, besides an allowance of the full usual Commission of Merchants, for his trouble in settling my remaining concerns and as one of my Executors. Fourthly, Item, I give and bequeath unto my Namesake James Poyas the Son of my late half Brother John Ernest Poyas my Watch, and the Sum of Fifty pounds which I direct may by payable to him in Charleston where he resides, clear of any Deduction. Fifthly, Item, I give and bequeath unto the Ministers and Elders of the French

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Church, in Threadneedle Street London, the Sum of Fifty pounds in Trust to be disposed of at their discretion to the poor and necessitous of the said Church or to be appropriated to any of their Charitable Funds as they shall judge most proper. Sixthly Item I give and bequeath unto my good and worthy Friends Doctor William Hamilton of New Court old Broad Street London the Sum of Fifty pounds clear of all duty or deduction, in grateful rememberance of the Friendship he has shewn me and to my Daughter in particular. As to the payment of the Legacies and Bequests before mentioned, I will and order that the same may be as soon as all my just Debts and Funeral Expences shall be fully paid and satisfied and not before. Seventhly, Whereas by a Settlement made about the beginning of October 1795 in contemplation of a Marriage then agreed upon, and which has since been duly solemnized between Mr. Joseph Higginson of London Merchant and my only Daughter Elizabeth Poyas, I have covenanted and agreed that the Sum of Five thousand pounds Sterling should be paid to the Trustees therein mentioned in twelve months after my decease, for the intents and purposed recited in the said Deed of Settlement, I do hereby ratify and confirm the same, and after payment of the said Sum of Five thousand pounds, and of all my Just Debts and Funeral Expenses, I give, devise and bequeath all the rest, residue and surplusage of my Estate in whatsoever it may consist either in England or America, unto Doctor William Hamilton of London, and to my Nephew John Fabre also of London Merchant, their Heirs, Exeutors and Assigns, Upon the special Trust and Confidence, that the said William Hamilton and John Fabre, do lay out and invest the same, that that is whatever the proceed or amount of the said Residue or Surplusage of my Estate may be and as it may be collected and realized, in manner following, that they put out the same to Interest either upon real Security or in the purchase of American or British Funds as they shall think most advantageous and secure, and that the Income or Interest thence arising shall be paid unto my only and beloved Daughter Elizabeth Higginson, for her sole and peculiar use as she may choose to employ it during her Life, upon her own receipt or order notwithstanding her Coverture, and from and after her Decease, the same shall devolve, go to and be fore the use of the children of child of her Body, that may be then alive, towards their Maintenance and Education

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until they attain the Age of Twenty one Years, if Sons, or be Married, Daughters, when the principal is to be equally divided among them for ever; But if it should please God that my said Daughter Elizabeth Higginson should die without issue Then I will and ordain that one half or Moiety of the principal of proceeds of the Residue and Surplus aforesaid shall be disposeable at her discretion by her own Will and Testament, and that the other half of Moiety thereof, shall go to , devolve and be disposed of as follows: one fourth part to my said Nephew John Fabre and to his Heirs forever and the other fourth part to and between the children and Issue of my late Sister Sarah Mackenet in South Carolina, that may be them alive in equal Shares or to the Survivor of them, and the Issue of such Survivor, leaving it in charge to my said Nephew John Fabre to execute this part of my will as soon as convenient after the contingency above mentioned may happen. Lastly I do hereby nominate, constitute and appoint my Son in Law Mr. Joseph Higginson of Aldersgate Street London Merchant and my Nephew John Fabre of London Merchant, to be joint Executors of this my last Will and Testament, written with my own Hand, having previously annulled and destroyed all others heretofore made. In witness whereof I the said James Poyas have hereunto set my Signature and Seal done and Date in London, the tenth day of October in the Year of our Lord one thousand seven hundred and ninety six.

James Poyas  L.S.

Signed, Sealed and Declared by James Poyas as his last Will and Testament in the presence of us.

Charles Beard

Timothy Chisman

*****
Proved in the prerogative Court of Canterbury, June 20th, 1799. — October 1799. Qualified John Fabre Executor, before Charles Lining Esquire O.C.T.C

Examined

17 Co. Sh.

C. L.

My mother told me before I got married that there were worse things than not getting married.