John Avery (1632 - 1682)

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Nicknames: "Captain John Avery or John Avery", "President Judge at the Whorekill in Delaware Bay"
Birthplace: Wapping, England
Death: Died in Sussex, Delaware, United States
Managed by: Scott Shimp
Last Updated:
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Immediate Family

About John Avery

Tons of stuff here:

http://community-2.webtv.net/coranglais53/averyofdelaware/

including: The Children and Descendants of John and Sarah Avery:

With the early death of Captain John Avery's son John, the male Avery line would come to an end. All the future descendants of John and Sarah Avery will only come through the lines of their daughters. At the time of John Avery's death in 1682, all five of his children are known to have been living. John Avery Jr., his youngest child and only son, did not live long after 1682, and probably died under the age of 12.

2nd Daughter Elizabeth Avery was the age of 12 at the time of her father's death. No further trace of her seems to be found in marriage or other records after 1682. She likely received a share of her father's estate such as the known four way inheritance division made of the 800 acres of Avery's Rest. She certainly had died before 1720, as a sales deed of Henry Draper dated August 7, 1720 states that all the children of Captain John Avery were deceased by that date. (Henry Draper was married to a grand-daughter of John Avery). The lack of any available evidence on the adult years of Elizabeth Avery suggests she may have died un-married or at a relatively young age.

3rd daugher Sarah Avery, who was born at Manokin in 1672, would marry John Kipshaven circa 1690. Their daughter Sarah Kipshaven would marry Henry Draper of Sussex County. Henry Draper's 1720 land sale deed provided the information that his wife's mother, Sarah (Avery) Kipshaven, had inherited 200 acres of Avery's Rest on Rehoboth Bay from her father John Avery, and that she was deceased before 1720. (Henry Draper was intending to sell the 200 acres of Avery's Rest land to Richard Hinman, and was showing that his wife Sarah Draper was now in possession of the land through inheritance from her deceased mother). Sarah Draper, the grand-daughter of Captain John Avery, would die in 1743.

4th daughter Jemimah Avery married John Morgan about 1697. John and Jemimah Morgan first appear as plantiffs in a Sussex County land deed case in June of1698. The case involved a dispute over the partition of 800 acres of land and two plantations on Rehoboth Bay. The properties and land were stated in the case as being the inheritance of both Jemimah Morgan and her sister Mary Hinman from their deceased father Captain John Avery. Mary's claim was through a death-bed verbal promise made to her deceased first husband Hercules Shepheard by John Avery in 1682. (At the time of the 1698 case Mary had already married her 2nd husband Richard Hinman). The jury found in favor of John and Jemimah Morgan in June of 1698, and a division was made between the portion Hercules Shepheard had developed and the portion where Capt. John Avery had lived. The last mention of John and Jemimah Morgan is found in the quit rents of Sussex County in March of 1706. Jemimah Morgan would have died prior to 1720, and to date no descendants of Jemimah have been discovered.

The eldest daughter Mary Avery: Mary Avery was born April 5, 1667 at Manokin in Somerset Co., Maryland. By far the largest number of descendants of Captain John Avery trace their descent from this daughter. Mary Avery married Hercules Shepheard shortly before the death of her father John Avery in November of 1682. Mary was between 15 and 16 years old at the time of the marriage, and Hercules Shepheard was about twice her age. Hercules had come to Sussex Co, Delaware from Accomack Co., Virginia around 1680. This Virginia Co. adjoins the southern border of Sussex Co., Delaware. He appears to have been born in Virginia, and from a land document of 1680 in which he gave his age as about 30, was born close to the year 1650. Hercules Shepheard was appointed a Justice of the Peace for Sussex Co. by William Penn in 1683, and served as a representative from the three lower counties in the Pennsylvania legislature in 1684. He was also appointed overseer of highways in 1687. The last record found of Hercules Shepheard appears in December of 1694, and he would die intestate not long after this date. His widow Mary (Avery) Shepheard would be the administratrix of his estate and would be married to her second husband Richard Hinman by 1698.

Hercules Shepheard and Mary Avery would have three daughters named Sarah, Comfort, and Alice who would all live to adulthood, marry, and have descendants.

Sarah Shepheard would marry Jeremiah Claypoole of Sussex Co. on March 10, 1710. Jeremiah Claypoole was the son of Norton and Rachel Claypoole. Both Jeremiah Claypoole and his father Norton served as Justices of Sussex County. (This daughter of Hercules and Mary (Avery) Shepheard is the direct connection to my own descent from Captain John Avery, and has constituted the major focus of my genealogical research on Avery descendants. A brief chart of this personal descent is found at the end of the page along with a more detailed web page link). Sarah Shepheard would have 8 children with Jeremiah Claypoole: (Comfort, Mary, Sarah, Rachel, Joseph, George, Elizabeth, and John). Sarah (Shepheard) Claypoole would die about the year 1732. Jeremiah Claypoole would marry a widow named Mary Davock Russell after Sarah's death, and he would die testate with an extensive will in 1744.

Comfort and Alice Shepheard, the other two daughters of Hercules Shepheard and Mary Avery, would both marry members of the Kollock family. Comfort Shepheard married Simon Kollock. (A possible earlier 1st marriage of Comfort to Thomas Prettyman is now generally not accepted). The youngest daughter Alice Shepheard married Jacob Kollock on Sept. 7, 1718. (The Kollock family had been the only descendant line with any appreciable amount of earlier research. The first study of the Kollocks and their descendants was begun by the Kollock descendant Edwin J. Sellers. His 1897 publication "Genealogy of the Kollock family of Sussex Co., Delaware 1657-1897" was the first work on this family. Edwin J. Sellers would update the Kollock information with a supplement published in 1922. Subsequent studies have added additional information and corrected a number of earlier errors in the Kollock family history. For further details and information on the Kollock descendants, I would recommend consulting these available sources).

The birth order of the Shepheard daughters can only be estimated. Alice was almost certainly the youngest daughter. Her marriage in 1718 suggests she was born shortly before the death of her father Hercules Shepheard. It is difficult to determine whether Sarah or Comfort was the eldest. Sarah, named for Mary's mother Sarah Avery, was married in 1710 and could have been the eldest. But lacking birth records or a marriage date for Comfort, who seems to have married close to the same time, a final conclusion can only be an estimation. A clue may be found In an entry of the Sussex County Orphans Court held Sept. 2, 1707. In this entry, Richard Hinman who was the step-father of Comfort, had appeared in court along with Comfort Shepheard. Comfort, stated as a spinster, acknowledged herself by hand and seal satisfied in the estate of her deceased father Hercules Shepheard. The Orphans Court entry suggests that Comfort was the first of the sisters to become of age, and she may have indeed been older than Sarah. (This 1707 document is also probably the source of the mistaken belief that Hercules Shepheard had died near to this date, and that his widow had only recently married Richard Hinman). I believe the most probable birth order of the daughters of Hercules and Mary Shepheard would have been (1) Comfort, (2) Sarah, and (3) Alice. Edwin Sellers in his original material said that the Shepheard daughters also had a younger full brother John Shepheard, but no real evidence supports this claim. The mistake was probably made by a confusion with their half-brother John Hinman mentioned below.

Mary Avery, after the death of her first husband Hercules Shepheard, had married Richard Hinman shortly before 1698. Mary would have been about 30 years old at the time of this 2nd marriage and had at least two children by her second husband. John Hinman, the eldest, was given a gift of land by Mary Hinman in 1707. The deed book read: "Mary, wife of Richard Hinman, gives to her son John Hinman, from natural love and affection, by deed of gift, land belonging to her father John Avery". (This son was very likely the John Hinman whose will was probated in Sept. of 1727). Mary's second son Richard Hinman made his will in 1741. In the will he states that he is the owner of Horse Island and marsh lands in Rehoboth Bay. This island in Rehoboth Bay was the property and last residence of Captain John Avery at the time of his death in 1682.

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Captain John Avery's Timeline

1632
August, 1632
Wapping, England
1661
1661
Age 28
1670
1670
Age 37
Philadelphia, Philadelphia, Pennsylvania, USA
1670
Age 37
1672
1672
Age 39
1682
November 16, 1682
Age 50
Sussex, Delaware, United States
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