In an earlier message [log in to unmask] wrote:

> There is an article in the most recent issue of Northern Neck of Virginia
> Historical Magazine by William McCarty, MD. In this work he says Daniel's wif
e
> was Penelope (Higgins). I would like to know what his proof is that she was n
ee
> Higgins because I have Penelope (Higgins) as the wife first Francis Spencer,
> second John Manley, third Anthony Russell and fourth Overton. Francis Spencer
> was the son of Nicholas Spencer and his guardian was Daniel McCarty. Francis
> made a will about 1715 and bequeath his estate to McCarthy. That is the will
on
> file in Westmoreland County and if one did not check the COB that is where th
e
> matter would hang. However, Penelope [thought to be Higgins] who had married
> Francis sometime after the will was written and gave birth to a son, William,
> challenged his will based on his marriage and birth of a son William Spencer.
> The court found in her favor. About 1727-28, again recorded in the
> Westmoreland COBs [not published] Penelope is in court and was ordered to sep
arate the
> estates of John Manley, and Anthony Russell & I am not sure but think William
> Spencer from each other. William Spencer turned out to be a spend thrift and
by
> the 1740's in the will of Penelope's Overton husband, and again in the will o
f
> Daniel French who had married Penelope Manley left an annual sum to be laid
> out in clothes for him. Penelope was a granddaughter or great-granddaughter o
f
> Penelope (Higgins). The source I have for her being nee Higgins is Harry
> Wright Newman. If anyone on this list knows Dr. McCarty, please let him know
I am
> trying to contact him. I will look for my Spencer file as I do have copies of
> the various documents. Thanks, Margaret Amundson

I am Dr. McCarty's co-author. The confusion arises because there were
at least two and possibly three Penelope Higginses.

John Higgins's first wife was probably Richard Sturman's "wellbeloved
friend Penelope Higgons" (Sturman's Westmoreland Co will 1691).

John Higgins was the father of Augustine Higgins, and his third wife
Elizabeth is named in his inventory. Evidently, he m. 2) Elleanor ---
in 1698, who was the widow of John Minor (d. 1698; Minor, p. 12). John
Minor's will leaves wife Ellenor her clothing, one-third of estate,
and residue of land. Augustine took John's inventory on 30 Mar 1712
(Westmoreland Co Will Bk 5:1-9).

The second Penelope Higgins was the daughter of John Higgins. She was
married 4 times: 1) to William Manley (Manley's will speaks of wife
Penelopie, daus. Penelopie and Jemima, son John (WCo WB 6: 43-45, wwr
May 28, wpr Nov 1716)). She m. 2) Francis Spencer, who died
ca. 1720. Her child by him was William Spencer (Capt. Daniel McCarty
was his guardian). She m. 3) Andrew Russell, by whom she had Frances
(?) and Anthony. Last, she m. 4) Richard Osborne. He was brother to
Robert Osborne, who m. Ann (Waddy) Higgins Barnes, and also brother to
Mary Osborne, who m. John King.

The third Penelope Higgins was the daughter of Augustine Higgins (son
of John) and Ann Waddy. Sam Sparacio <[log in to unmask]> post to
VA-ROOTS 24 Jan 1998: "Westmoreland County Deed & Will Book,
1723-1738. This Indenture made the 27th of February 1733 Between JOHN
ELLIOTT of County of Westmorland, Gent., and SYBELLAH his Wife, one of
the Aunts and coheirs of PENELOPE McCARTY, late Wife of DANIEL
McCARTY, Gent. of the same County, deced., of one part and CATESBY
COCKE of County of Prince William, Gent. of other part; Whereas
PENELOPE McCARTY in her life time and at the time of her death was
seized in her demesne in fee of severall lands [that is to say] one
certain parcel of land containing by estimation 190 acres scituate in
Parish of Washington and County of Westmorland formerly purchased by
JOHN HIGGINS, Grandfather of PENELOPE McCARTY of one JOHN BUTLER and
conveyed to him by JOHN BUTLER by Indentures of Lease and Release
bearing date the 23d & 24th days of April 1705; and one other parcel
of land containing by estimation 200 acres in the Parish and County
aforesaid, formerly purchased by AUGUSTIN HIGGINS, Father of PENELOPE
McCARTY of one JOHN CARRUTHERS and conveyed by JOHN CARRUTHERS by
Deeds of Lease and Release bearing date the 5th & 6th days of March
1705; and one Water Grist Mill and three acres of land thereunto
adjoining in the Parishes of Cople and Washington or one or both of
them formerly purchased by AUGUSTIN HIGGINS of one THOMAS NEWTON and
after the death of AUGUSTIN HIGGINS conveyed by THOMAS NEWTON unto
PENELOPE McCARTY by the name of PENELOPE HIGGINS, Daughter and Heir of
AUGUSTIN HIGGINS."

A.L. Keith, "The McCarthy Family," William & Mary College Quarterly,
ser. 2, vol. 2, no. 3 (Jul 1922), p. 169: "Daniel McCarty married
1. Penelope Higgins, daughter of Christine [sic--error] Higgins, and
she died Mch. 26, 1732, in the 19th year of her age."

W.M. McCarty and Kathleen Much, _The McCartys of the Northern Neck_
(in press): "That Augustine is the father of Penelope also proved by a
deed dated 24 June 1729 between Thomas and Patrick Spence and
Penelopie (sic) Higgins, 'daughter and heir of Augustine Higgins,
Gent.' in which for five shillings in hand and one ear of Indian corn
rent due on the Feast of St. Michael the Archangel, she received 200
acres of land (WCo Deed Bk 8: 117-118). And 'Penelope Higgins Daughter
of Augustine Higgins gent. Decd. Came to Court and Chose her mother
Ann Barnes to be her Guardian which was admitted by the Court the Said
Ann Barnes Together with Daniel McCarty Richard Barnes and Patrick
Spence have Enter'd into bond for the Said Ann's true and Faithfull
Discharging the trust reposed in her according to Law and it is
ordered that the Said Ann be possessed with her Said pupil's Estate'
(29 Jan 1728 WCo Order Bk 1721-1731, part 2: 244). Also on 27 July
1720, for 60 pounds sterling and 7,000 pounds of tobacco she was
deeded 3 acres of land and a water grist mill that formerly belonged
to Col. Wm. Fitzhugh and finally went to 'Penelopie Higgins, daughter
and sole heir of Augustine Higgins' (WCo DB 7: 23-5).  Apparently the
deed to Augustine was partially completed when he died in 1720, for
the grist mill and one acre.
"Penelope's tomb is at Yeocomico church adjacent to that of
Capt. Daniel McCarty [1679-1724], whose ledger includes the sentence
'Near this place likewise is the body of Penelope, wife to Daniel
McCarty [ca. 1707-1744], second son of Daniel McCarty, Esq., and
daughter to Christine [according to a transcriber of the 19th century;
now defaced] Higgens, Gent, who departed this life the 26 of March,
1732, in the 19 year of her age, with one child.'
"From the inscription, it appears that Penelope was the mother of
Daniel (the second Daniel's only child, who will be referred to as
Daniel of Popes Creek). With the death of Penelope, her father's
estate reverted to Augustine Higgins's wife and two sisters, however,
and the resultant deeds all state that Penelope died without heirs, so
it is probable that Daniel was the son of Daniel's second wife,
Elizabeth Smith."

Kathleen Much
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