Dr Joshua Irby^{[1, 2]}

1664 - 1746  (82 years)

• Name	Dr Joshua Irby
  Birth	26 Mar 1664	, Charles City, Virginia, USA
  Gender	Male
  Death	11 Dec 1746	, Henrico, Virginia, USA
  Person ID	I25135	Master
  Last Modified	21 Feb 2017

  
  

  Father	Dr William Irby,   b. 2 Nov 1625, Bideford Parish, Devonshire, England d. 1680, , Charles City, Virginia, USA (Age 54 years)
  Mother	Mary Elizabeth Ann Blunt,   b. 1644, Jamestown, James City, Virginia, USA d. 1680, , Charles City, Virginia, USA (Age 36 years)
  Marriage	1659	Jamestown, James City, Virginia, USA
  Family ID	F6491	Group Sheet  |  Family Chart

  
  

  Family	Elizabeth Jane Ludson,   b. 1670, , Henrico, Virginia, USA d. 11 Dec 1746, , Henrico, Virginia, USA (Age 76 years)
  Marriage	28 Oct 1694	St Johns Church, Henrico, Virginia, USA   [3]
  Children	1. Sarah Irby,   b. 1695, , Henrico, Virginia, USA d. 1785, , Prince George, Virginia, USA (Age 90 years)  [Father: Natural] + 2. Anthony Irby,   b. 1696, , Henrico, Virginia, USA d. 1796, , Halifax, Virginia, USA (Age 100 years)   3. John F Irby,   b. 1697, , Henrico, Virginia, USA d. 1761, , Sussex, Virginia, USA (Age 64 years)  [Father: Natural]   4. Mary Ann Irby,   b. 1702, Richmond, Independent Cities, Virginia, USA d. 1755, , Brunswick, Virginia, USA (Age 53 years)  [Father: Natural]   5. Penelope Elizabeth Irby,   b. 1703, , Henrico, Virginia, USA d. 1800 (Age 97 years)   6. Joshua Irby, Jr.,   b. 1705, Bristol Parish, Prince George, Virginia, USA d. 1795, , Henrico, Virginia, USA (Age 90 years) + 7. Elizabeth Irby Dickerson,   b. 1708, , New Kent, Virginia, USA d. 1760, , Bedford, Virginia, USA (Age 52 years)  [Father: Natural]   8. Peter Irby,   b. 1709, , Halifax, Virginia, USA d. 25 Dec 1794, , Pittsylvania, Virginia, USA (Age 85 years)   9. Dr William Irby,   b. 1710, , Henrico, Virginia, USA d. 1774, , Halifax, Virginia, USA (Age 64 years)
  Family ID	F6490	Group Sheet  |  Family Chart
  Last Modified	8 Feb 2017

  
  

• Event Map

  Birth - 26 Mar 1664 - , Charles City, Virginia, USA Marriage - 28 Oct 1694 - St Johns Church, Henrico, Virginia, USA Death - 11 Dec 1746 - , Henrico, Virginia, USA  = Link to Google Earth

  
  

• Notes

  Notes Was a medical doctor as was his father (new.familysearch.org) Aug 5, 1689 He brought suit against his brother William regarding his father's estate distribution. The case was dismissed. (Court Records Charles City VA cited on Rootsweb, by Gwen Brooks, Jul 2000) The Will of Joshua Irby, probated 1746 in Henrico County From: "Gwen Brooks" Subject: Joshua Irby 166?-1746 Will in Henrico Co. VA Date: Tue, 23 May 2000 18:48:34 -0400 I've been asked to post the will mentioned in my previous msg. from Colonial Wills of Henrico County, Virginia 1737-1781 by Benjamin WeisigerIII, Will of Joshua Irby of Henrico County To Edmund Irby, son of Anthony Irby, 200 acres at lower end of my land,beginning at the river, bounded by Capt. Henry Anderson and Cedar Cr. If hedie, then land goes to his sister Wilmoth Irby. To my wife Jane, my land for widowhood, and then divided between John Worsham and Joshua Worsham, sons of George Worsham, 100 acres to Joshua and the rest to John.To said Joshua Worsham the tract I bought of Richard Womack. To my daughter Sarah Worsham, 2 negroes.Wife to have dwelling, etc. for life.The remaining part of my upper tract that my son John lives on, to him, also items after my wife's death. To daughter Mary Dewberry, a negro. My land on lower side of great branchof Naqua Cr. in Brunswick Co. to 2nd son of Mary Dewberry, who was born in my house. My land at fork of said creek to 3rd son of said Mary. To son Peter, one negro. To my grandaughter Wilmoth Irby, dau. of my son Anthony, negro after my wife's death. Personal estate to be divided between my sons John and Peter and daughters Mary and Sarah .To George Worsham, all stock at my Quarter, provided he live there or putsomeone there. My part of the mill and privileges to Edmund Irby, son of Anthony. As for my daughter Penelope Parrot, let her keep what is in her possessionand that is more than she does deserve.To my son Joshua Irby, 1 shilling and it is my desire he be turned out ofdoors by the last of November next. To Elizabeth Moickey, 1 shilling.To son William Irby, 1 shilling.All my money in England to George Worsham and his heirs.Executors: wife Jane and George Worsham.Trustees: Mr. Abraham Green, Mr. Richard Bland, and Mr. John Povall. Dated 28 August 1745 Wit. Peter Wankeir, William Beazley, William Herringham. Recorded May 1746. Dr. Joshua Irby (1666-1746) Dr. Joshua Irby was the 3rd son of Dr. William Irby. In 1688, Joshua Irby sued his older brother, William, for failing to give him his inheritance from his father, Dr. William Irby's estate, since the 1st of October (1687). It is likely that Joshua had just turned 21 at that time so he was probably born in October of 1666. Joshua was a very unpleasant and cantankerous fellow. He seems to always either suing someone else or being sued himself. He married Elizabeth Ludson in 1694. Somehow they managed to have 9 children together, 5 boys and 4 girls. Joshua didn't seem to have liked any of them very much. They were: Anthony (1696-1786) John (1697-1761) Sarah (1698-????) Mary Ann (1701-1755) Penelope (1703-1800) Joshua(2), Jr. (Ted's 6th Great Grandfather) (1705-1755)Peter (1709-1794) William (1710-1774) Elizabeth (1718-????) You can get a glimpse of his rather unpleasant personality from the numerous records of him that have survived. In 1692, he was fined a shilling for swearing. In 1716, James Westbrook appealed to the courts saying that he was a servant of Dr. Joshua(1) Irby and that he was being illegally held in bondage. Apparently, James was some kind of indentured servant. The court agreed with Westbrook and Joshua had to release him and pay him 5 shillings. The next year, John Westbrook, James' brother, went to court again, this time on behalf of Henry and Margaret Westbrook, James Westbrook's brother and sister. He claimed that Joshua unlawfully was detaining them too and that he abused them in the most violent and gross manner. The court agreed and ordered them to be released. Elizabeth Ludson Irby died in about 1720. A few years later, when he was about 60, Joshua(1) married a second time to a woman named Jane, last name unknown. Joshua(1) lived most of his life in Prince George County, Virginia but, about 1721 after Elizabeth had died, he moved to Cedar Creek on the North Side of the Appomattox River in what today is Chesterfield County. He received grants for land where the Great Branch enters Waqua Creek in Brunswick County but does not appear to have ever lived there himself. Apparently, Joshua didn't get along well with any of his children but really ticked them off when he wrote his will on August 28, 1745. In that will, he left almost everything to his grandchildren and little or nothing to his own offspring. His sons, John and Peter, and his daughters, Mary Ann (who had married Thomas Nathaniel Dewberry) and Sarah (who had married George Worsham, IV) received some land and a few slaves from the estate, but his grandchildren by Anthony, Mary Ann, and Sarah all received the bulk of his fortune. He left his 5th son, William, a mere shilling. He also left his son Joshua(2), Jr. one shilling and added that it was his desire that he be put out of his house by the end of November of that year. He left his daughter, Penelope (who had married Nathaniel Parrot), the things that she already had and added that "is more than she does deserve". The biggest blow came to his oldest son, Anthony, who was left absolutely nothing! The will caused a huge uproar among those children who felt they had been cheated. William, his 5th and last son in particular, was so incensed that he sent his attorney, a certain Mr. Hayles, to court to stop the horrible will from being probated. The court gave William a month to appear in court himself to show why the will should not be allowed. A month later he did just that, but not to the satisfaction of the court and the will was recorded. Anthony, John, and Penelope hired their own lawyers to fight the will naming their stepmother, Jane Irby, as defendant. They all lost and the will stood as written. not exactly mr nice guy p52 Prince George OB 1715-17202nd Tuesday in March, 1715 p. 52 “On the petition of James Westbrook a servant boy belonging to Joshua Irby it’s ordered that the said Irby be summoned to the next Court to answer the same, and that the said James be and remain with his brother John Westbrook til tryall (trial).” [this is the verbatim transcription] p57 ibid, 2nd Tuesday in April, 1715 p. 57 “In the suit Depending between James Westbrook and Joshua Irby by petition for being unlawfully Detained by the said Irby as a servant, the sd. partys appearing and the cause being well and Sufficiently argued by the attorneys of sd. party’s, the Court do adjudge that the said James was not Legally bound to the said Irby and that Pltf by law is a freeman.” p65 ibid, 2nd Tuesday in June, 1715 p.65 “In the action depending between Joshua Irby and John Westbrook, the pltf failing to appear to prosecute, on the motion of the defendant’s attorney, it is ordered that he be ?nonsusted and pay the said defendant five shillings with costs Al Exeo p129 ibid, June 11, 1717 “The petition of John Westbrook concerning two orphan children now under the care of Joshua Irby is referred til the next Court to prove the allegations therein where the sd. Irby is ordered to bring the said orphans to Court.” p141 ibid, Aug 13, 1717“On the petition of John Westbrook for and in behalf of Henry and Margaret Westbrook orphans and children of James Westbrook Deceased now under the care of Joshua Irby, setting forth that the sd. Irby unlawfully Detained the sd. orphans as servants and then doth abuse in a most violent and gross manner and praying the sd. orphans (as they are not Lawfully bound) may be released from their servitude and barbarous usage. And the sd. Irby being summoned to answer to the sd. complaint and he being called and failing to appear thereupon it’s Ordered that the sd. orphans be acquitted and released from any further service to the sd. Irby and for and During their Minority to remain with the sd. John Westbrook.” posted by thomas goggin on genealogy forum From Dennis Moore's "Irby: An American Saga" In 1688 Joshua Irby sued his brother, William, for failing to give him his inheritance from his father, Dr. William Irby's estate, since the 1st of October (1687). It is likely that Joshua had turned 21 at that time so he was probably born in October of 1666. He married Elizabeth Ludson (or Hudson) in 1694. He was a cantankerous man. One can catch a glimpse of his personality from the numerous records that have survived. In 1692 the young doctor was fined a shilling for swearing. In 1716 James Westbrook appealed to the court saying that he was a servant of Dr. Joshua Irby and he was being illegally held in bondage. Westbrook stayed with his brother John Westbrook until the case could be decided. The court agreed and Joshua had to release him and pay him 5 shillings. The next year John went after Henry and Margaret Westbrook, his brother and a sister. He claimed that Joshua unlawfully was detaining them and that he abused them in the most violent and gross manner. The court agreed and ordered them to be released. The orphans were the children of James Westbrook who died in 1711 in Prince George County. The children of Westbrook were Samuel, John, James, Thomas, Margaret, Frances, and Elizabeth Westbrook. Mrs. Irby, Elizabeth Ludson Irby, was still alive in 1708 when she and Joshua sold Robert Hicks 240 acres 10 but sometime later she died and he married a woman named Jane. He lived most of his life in Prince George County but about 1721 when he was about 55 years old, he moved to Cedar Creek on the North Side of the Appomattox in what is Chesterfield County today. He received grants for land where Great Branch enters Waqua Creek in Brunswick County but does not appear to have moved there himself. Joshua made some bitter children when he wrote his will August 28, 1745. In that will he left much to his grandchildren and little to his own offspring. His sons, John and Peter, and his daughters, Mary Dewberry and Sarah Worsham, received land and slaves from the estate. His grandchilden by Anthony, Mary, and Sarah all received the bulk of his fortune. He left his eldest son, William, a mere shilling. He left his son Joshua a shilling and added that it was his desire that Joshua be put out of doors by the last of November. He left his daughter, Penelopie Parrot, the things that she had and added that "it is more than she does deserve." The biggest blow came to his son, Anthony, who was left absolutely nothing! The will caused an uproar among the children that felt they had been cheated in the will. William sent his attorney, a Mr. Hayles, to court to stop the horrible will from being probated. The court gave Irby a month to appear in court himself to show why the will should not be allowed. A month later he did just that but not to the satisfaction of the court and the will was recorded. Anthony, John, and Penelopie hired their own lawyer to fight the will naming their stepmother, Jane Irby, as defendant.

  
  

• Sources

  [S761] Yates Publishing, Ancestry Family Trees, (Online publication - Provo, UT, USA: Ancestry.com. Original data: Family Tree files submitted by Ancestry members.), Ancestry Family Tree. http://trees.ancestry.com/pt/AMTCitationRedir.aspx?tid=84360378&pid=263 [S761] Yates Publishing, Ancestry Family Trees, (Online publication - Provo, UT, USA: Ancestry.com. Original data: Family Tree files submitted by Ancestry members.), Ancestry Family Tree. http://trees.ancestry.com/pt/AMTCitationRedir.aspx?tid=90667476&pid=231 [S627] Dodd, Jordan, Virginia, U.S., Compiled Marriages, 1660-1800, (Online publication - Provo, UT, USA: Ancestry.com Operations Inc, 1997.Original data - Electronic transcription of marriage records held by the individual counties in Virginia.Original data: Electronic transcription of marriage records held by the individu).