Household 40 - Thomas S. Bayly

Household 40 - Thomas S. Bayly - Contributed by Gail M. Walczyk

THOMAS S. BAYLY

HOUSEHOLD 40

1. THOMAS SIMPSON BAYLY, son of Charles and Mary Bayly, and the brother of John Bayly, was born in Accomack Co., VA, circa 1764. Thomas died before 26 November 1827.

He married ANN JUSTICE circa 1781 in Accomack Co., VA. Ann was born circa 1763. In Thomas Simpson Bayly of Charles's will on 1 June 1827 in Accomack Co., VA, Ann was named as an heir. It was probated 26 November 1827 (Miles 40).

Ann Justice Bayly and her husband Thomas were the plaintiffs in a court case on 12 March 1795 in Accomack Co., VA (Nottingham Causes:38.39). The case reads:

Thomas Simpson Bayly & Anne, his wife, Isaiah Hickman & Sally, his(wife & Zorobabel Core & Sinah, his wife

vs - Writ of Partition.

Betsey Justice, Inf't. Bridget Justice appointed her guardian to (defend this suit)

That a certain Ralph Justice, Gent., was in his lifetime lately seized of a tract of land containing 250 acres situate near Guilford, that he made his last will and testament & devised the said land to the said Anne, Sarah & Sinah & Betsy, being the daughters of the said Ralph Justice, and afterwards on the __ day of __ 1794 died, and the said Thomas Simpson Bayly and Anne, his wife, in right of said wife, Isaiah Hickman & Sarah his wife, in right of said wife, Zorobabel Core & Sinah his wife, in right of said wife, and the said Betsey Justice, are entitled to the said tenement and tract of land &c. 12 Mar. 1795

Ann made a will on 2 December 1838 in Accomack Co., VA. It was probated (Miles 29). An abstract of her will reads:

Bayly Ann, 2 December 1838 - 24 June 18239 - To daughter Caty Melvin the wife of Avery Melvin, 68 acres which I devised from my father Ralph Justice lying in the Parish of Accomack & adjoining the lands which formerly belonged to my brother William Justice dec'd & ... & 1/2 of a note I hold against James Poulson Jr. for $100. To Daughter Caty ... & remainder to the children of my son John J. Bayly & the balance to my Negro women. To son John J. Bayly & daughter Caty Melvin. John Bayly Sr. Extr. Witt: John Finney, John Bayly Jr. & Mary A. Kellam. Prob: Will was proved by John Finney & Mary a Turner, formerly Mary A. Kellam.

Thomas was named as heir at law in the will of his father Charles on 13 March 1782 in Accomack Co., VA. It was probated 24 September 1782 (Nottingham). An abstract of his will reads:

BAILY, CHARLES - 13 Mar. 1782 - 24 Sept. 1782 - To son Thomas all my land in the lower end of the Neck. To son John Baily land beginning at the mouth of Salsburys Gutt & on Finney Creek. To wife Mary land where I live for life. Daughter Susanna Baily. Daughter Sarah Baily. Daughter Nancy Baily, Daughter Peggy Baily, Daughter Betsey Baily. Daughter Mary Baily. Bal. of estate to be sold for debt & the remainder divided between my 6 daughters Wife, son Thomas & John Baily Exrs. Witt: Abraham Outten, Edmond Leatherbury - ln order of Prob: Thomas Baily heir at law to the testator.

Thomas was listed on the personal property Tax List for 1787 (Yantis-Schreiner 98). The record reads: "2 Blacks under 16 1 horse 2 cattle."

On 26 November 1790 an account of the sales of the Estate of Charles Leatherbury was recorded in Court. Thomas Bayly purchased 1 "Young Cow Calf."

The Procession of 1795 named Thomas S. Bayly as a witness (Processioners Returns).

Thomas was listed as the head of a family on the 1810 Census in Accomack Co., VA (Powell 55). The census reads: "Bayly, Thomas S., 1 male to 26, 1 male 45+ 2 females to 26, 1 female 45+ 11 slaves."

On 5 August 1796 the Estate of Ralph Justice was appraised. Six of his seven children or their spouses were mentioned one of which was Thomas Bayly (Accomack Wills 1796-1798:56, 57, 58.). (See here for the appraisal.)

On 25 July 1802 Thomas Bayly was mentioned in the inventory of Zerobabel Core was recorded in court (Miles Wills:141). An abstract of the text reads:

John Laws Extr. Negroes George, age 21, James, 14, Isaac, age 12, & Leah age 50. Appraisers: John Teakle Jr., John Gillespie, & George Hope. Negro Ader. Thomas Bayly, guardian to Sarah Core, for his receipt for 4 Negroes which were legacies to his ward. Boarding of Edmund Core, orphan of Zorobabel, for 6 months & 10 days at 20p per month, Auditors John Teackle Jr., John Gillespie, & George Hope.

On 26 September 1803 Sarah Core orphan's account was recorded by her guardian Thomas Simpson Bayly (Walczyk Orphans: 25). Her account was debited with living expences and schooling. It was credited with the hiring of her slaves and the rental of her lands.

Thomas Simpson Bayly and his wife, Ann, were the defendants in a court case on 11 December 1824 in Accomack Co., VA (Nottingham Causes:151, 152). The case reads:

John Jackson & wife &c.

vs - Suit for sale and division.

Bayly &c.

That a certain Edmund Core late of this county, departed this life intestate sometime in the year 1823, being at that time seized in fee simple of a tract of land containing 68 acres; the said Edmund Core at his death left no children nor their descendants, nor father, mother, brother or sister or their descendants nor grandfather nor grandmother; that the said Edmund Core left the following paternal relatives, your orators John, William and Zorobabel Laws and your oratrixes Rebecca, wife of John Jackson, & Mary Laws, who are the only children of Adah Laws, formerly Adah Core, the only sister of the father of the said Edmund Core, and left no other paternal relatives; the said Edmund Core left the following maternal relatives, viz: Anne Bayly, the wife of Thomas S. Bayly, a sister of the whole blood to the mother of the said Edmund Core, William Justice, a brother of the whole blood to the mother of the said Edmund Core, Polly Savage, formerly Polly Hickman, the only daughter of Polly Justice, a sister of the whole blood to the mother of the said Edmund Core, James Justice, a brother of the half blood to the mother of the said Edmund Core, and Catharine Mears, the wife of Thomas Mears, a sister of the half blood to the mother of the said Edmund Core, Elizabeth Savage, wife of John Savage, half sister to the said Core's mother, and no other maternal uncles nor aunts nor their descendants; the said William Justice is since dead leaving three children, viz: Tinney White, the wife of James White, Polly Fletcher, the wife of Henry Fletcher, and Joice Laylor, your orators & oratrixes, to whom the said land descended &c.

NOTE: Sinah Justice sister Sarah, not Polly, married Isaiah Hickman.

Thomas was listed as the head of a family on the 1820 Census in Accomack Co., VA (Powell 55). The census reads: "Bayly, Thomas S., 1 male 45+ 2 females to 26, 1 female 45+ 11 slaves." 6 people engaged in agriculture. 14 slaves."

Thomas made a will on 1 June 1827 in Accomack Co., VA. It was probated 26 November 1827 (Miles 40). An abstrqct of his will reads:

Bayly Thomas Simpson, 1 June 1827 - 26 November 1827 - To wife Ann during her life all my lands in Bayly's Neck whereon I now reside adjoining the gut nearly oppisit Wlliam finney's dwelling house ... adjoining the road to the gate leading to the settlement where my son John J. Bayly now resides ... adjoining ... below the house herein John Cusits now resides, then down the gut to Onancock Creek. And my Negroes Jim, Abel, Peter Sr. Rebecca, Keziah, Leah & Hetta. Also the balance of my personal Estate except as noted. To son John J. Bayly my tract of land southward & westward of the above & my Negroes Daniel, Peter Jr. Lilly, Mary & Nanny & ... Also my lands in Bayly's Neck. To daughter Caty Melvin Negroes Shadrack, Edmund, Lewis, Arthur, Isaac, Abel (Jr.) Jacob, Ansa, Kessa, Sarah, Edy, Rachel, Agnes & Eliza. Brother John Bayly & son John J. Bayly Extrs. Witt: John Finney, Rachel Guy, & William Revell. Prob: James Ashby & Thomas Sturgis.

Thomas Simpson Bayly of Charles and Ann Justice of Ralph had the following children:

i. John J. Bayly was born in Accomack Co., VA, circa 1789. John died before 26 April 1858 (Death Register). The death register reads: "Bayly, John J., w/m, 6 Apr 1858 in ACC, cancer, 70 yrs, c/o Bayly, Thos. S. & Bayly, Ann, born in ACC, farmer, Bayly, Sallie P. Bayly. Wm. P. Son g/info." He married SALLY P. Sturgis circa 1804 in Accomack Co., VA. Sally was born in Accomack Co., VA, circa 1786.

John made a will on 8 June 1858 in Accomack Co., VA. It was probated 26 April 1858 (Miles 32). An abstract of his will reads:

Bayly John J., 8 June 1858 - 26 April 1858 - To my son James H. Bayly the lower part of my land from a line between the lot where Thomas Russell lives & the place where William H. White now resides & then straight across the neck to a persimmon tree on Onancock Creek & also a privilege of timber & land in the swamp equal with my other 3 sons & also Negroes Lucinda, Edmund & Phillip & $300 & my new canoe … To my son Josiah L. Bayly that part of my land included between Onancock & Spoon Creeks next to James H. Bayly's land bounded on the lower side by James H. Bayly's line, on the upper side by line commencing from a line pine against William Finney's house & thence across the neck to a bunch of walnut trees on Onancock Creek & also my Negroes Kizire, Daniel & Arthur Jr. & also equal privilege of timber & land in the swamp … To my son Thomas S. Bayly that part of my land next to Josiah L. Bayly's, including the house where I live, starting from Onancock Creek & up the mouth of Salisbury Gut, thence up the gut & branch to a Spanish oak thence to a line pine on the neck road, thence … to a large black gum on Spoon Creek, down the creek to a line pine opposite William Finney's house & thence down Josiah L. Bayly's line to Onancock Creek & also Negroes Peter Sr., Leah & Arthur Sr. & also an equal privilege of timber & land in the swamp & ... To my grandson John J. Bayly Jr., son of Charles H. Bayly dec'd that part of my land where John Guy now lives bounded on the north by Thomas S. Bayly's line & a large black gum on Spoon Creek, thence up the creek & gut to Dawson's bridge to a sycamore tree on the Sluthkill Neck road, thence up the said road, thence to a cedar post on Onancock Creek, thence down the creek to Salisbury Gut & thence up the gut to a line pine on the neck road & also Negroes Martha & boy William of Adah & if he dies without lawful heirs, then to his sister Sarah C. Bayly, daughter of Charles H. Bayly dec'd & if they both die without heirs, then to my 4 sons. To my son William P. Bayly the upper part of my lands bounded by John J. Bayly Jr. on Sluthkill Neck road up said road to the public lane, down the lane to the public landing, thence down Leatherbury's Creek to Onancock Creek, thence down the creek & thence down John J. Bayly Jr.'s line to a cedar line post on the Sluthkill Neck road & also a parcel of land in the swamp adjoining Capt. William Rodgers & others on the one side … at the head of the Public Lane & thence to the land of George F. Snead's heirs & also an equal privilege in the timber & land in the swamp & Negroes Peter Jr., Mark & Adah & … To my granddaughter Virginia S. Bayly, daughter of John T. Bayly dec'd, that part of my land lying over the public road, bounded on the southwest by William Finney's land, on the southeast by the public lane & down the Sluthkill Neck road to Dawson's bridge, including the school house & branch & also a privilege in my swamp for firewood & log timber & if she dies without an heir the last named legacy to my 3 daughters. To my granddaughter Sarah C. Bayly, daughter of Charles H. Bayly dec'd, 12 acres of swamp land adjoining the land of Charles H. Bayly's heirs, Ebern Bird's heirs & others, purchased of William Melvin & Margaret Bayly dec'd & also 1/8 of my personal property remaining ... & if she dies without an heir, then to John J. Bayly Jr., son of Charles H. Bayly dec'd & Virginia S. Bayly, daughter of John T. Bayly dec'd. To my daughter Sarah A. White my boy Alfred of Comfort. To my 3 daughters Elizabeth A. White, Margaret S. Kellam & Sarah A. White all of my personal property not before devised. Thomas S. Bayly, William P. Bayly, Josiah L. Bayly & James H. Bayly Extrs. Witt: Tully A. T. Joynes, William S. Rodgers & Perry A. Leatherbury. Codicil: 18 Mar 1858 - I hereby revoke the part of my will in which I gave the school house to my granddaughter & hereby give the school house, desks & benches, but not the land upon which it is situated, to my sons William P. Bayly & Thomas S. Bayly & Tully A. T. Joynes in trust to be used by the neighborhood. Witt: Tully A. T. Joynes & William S. Rodgers.

ii. Catherine Bayly was born in Accomack Co., VA, circa 1795. She married Avery Melvin on 16 October 1813 in Accomack Co., VA, (Turman 200). The record reads: "Aora Mlevin to Caty Bayly of Thomas, 16 October 1813. William Seymour security."

In John Bayly's will on 4 September 1837 in Accomack Co., VA, Catherine was named as an heir. It was probated 25 December 1837 (Miles 34).

Sources:

_____. Accomack County Wills &c 1796-1798.

Miles, Barry W., & Moody K. Miles III. Wills and Administrations of Accomack Co., VA 1800-1860. Bowie MD: Heritage Books, Inc., 2000.

Nottingham, Stratton. Accomack Land Causes 1728-1825. Bowie, MD: Heritage Books Inc. 1990.

Nottingham, Stratton. Wills and Administrations of Accomack County, Virginia 1663-1800. Bowie MD: Heritage Books, Inc., 1990.

Powell, Jody. Accomac County Virginia 1800 1810 1820 Census. Roanoke, TX: Jody Powell, 1991.

Turman, Nora Miller. Marriage Records of Accomack County, Virginia 1776-1854, Recorded in Bonds, Licenses and Ministers' Returns. Bowie, MD: Heritage Books, Inc., 1994.

Walczyk, Gail M. Accomack County Death Register 1853-1896. Coram, NY: Peter's Row,1999.

Walczyk, Gail M. Accomack County Processioners Returns 1796 - 1816 for Accomack and St. George's Parishes. Coram NY: Peter's Row, 2004.

Yantis-Schreiner, Netti & Florence Love. The Personal Property Tax Lists for the Year 1787 for Accomack County, Virginia. Springfield, VA: Genealogical Books in Print, 1987.