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THE LOST CHILD OF RICHARD LEE OF DITCHLEY
Re: Lucy Lee who married Baldwin Matthews Smith
By Mrs. Merillat Moses*

     One problem which has confused genealogists for almost half a century is the question of the progeny of Richard Lee of "Ditchley," Northumberland County, Virginia.  Mr. Cazanove Lee, late Historian and Genealogist of the Society of the Lees of Virginia, was most concerned with this matter and earnestly attempted to find the seventh, and last, child of Richard Lee.  In a letter dated December 22, 19401, Mr. Lee discussed this problem and wrote, "This has left an open door for future trouble-makers, and they have been legion."  However, despite many claimants for this place on the Lee Family Tree, the identity of the "lost child" was not discovered during his lifetime.
     In 1952, the Society of the Lees of Virginia, whose lineage is based upon descent from Richard the Immigrant, grandfather of Richard of Ditchley, accepted, on exceedingly thin evidence, one Stephen Lee, as the seventh child.  After much personal research on this subject, it is the objective of this paper to prove the impossibility of Stephen Lee being the seventh and to show that this child was in fact a daughter, specifically one Lucy Lee.
     This problem of identity arose from the fact that Richard Lee died at an early age (about forty-four years); and, having married rather late in life for those days (about twenty-nine years of age), he left a family of minor children under the care of his wife, Judith Lee.
     Mrs. Judith Lee has been accepted as the daughter of John Steptoe and his wife Elizabeth Eustace2, widow of John eustace of Northumberland County3 whose will was recorded in that county on April 15, 1702; hence, Judith (Steptoe) Lee must have been born after that time.
     Richard Lee was undoubtedly an outstanding young man.  When he was only twenty-three years of age, he was a Justice - and first of the "Quorum" in 1714; so that he must have been commissioned for several years previous to that date.  His exact birthdate is given in his father's Will, as August 18, 1691.4  Also, he was Clerk of the Court of Northumberland County from 1716 to 1735.5  He was a 

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respected and active civil servant, acting in the established pattern of the Lee Family.  He was the eldest surviving child of Hancock Lee by his first wife, Mary Kendall of Northhampton County, and he had the care and supervision of several younger brothers and sisters by his father's second marriage to Sarah Allerton.
     Now the date of Richard Lee's death usually has been believed to be 1740, as stated in Lee of Virginia, on page 534.  However, there was at one time a Will (since lost) of Richard Lee; for it was presented in court by William Eustace, Gent., one of the executors, on May 21, 1735,6 five years prior to 1740.  Thomas Gaskins, who married dau. Ann c 1768, Thomas Waddy, Thomas Winter and Roger Winter, or any three of them were appointed to appraise the estate.  At the same court session an "Account of Richard Lee for building a warehouse at Indian Creek" was read and allowed.  It would, therefore, seem apparent that his death was sudden and unexpected.
     However, Mr. William Eustace died7 before he could complete the settlement of the estate of Richard Lee, and next we find Mrs. Judith Lee, on June 9th, 1740, "Appointed for administration of the estate of Richard Lee, deceased (not yet administered by William Eustace, deceased) who was executor under the Will."8 Additional proof of Mr. William Eustace acting as Richard Lee's Executor is to be found in the Northumberland County Records, September 11, 1738, i.e., "200 Acres from William Eustace, Executor of Richard Lee, to Francis Timberlake (land described as being part of tract Christopher Carlington, deceased, sold to Hancock Lee, Gent., deceased, and which was devised to his son Richard Lee, deceased)."9
     Also in the records there is listed an "Inventory of Estate of Richard Lee, deceased, Mrs. Judith Lee, Administratrix."  It includes, "A large estate. 19 Negroes, 2 servants, Table Linen, Pewter, Bedding, Furniture, China, 72 Head of Cattle, 65 Sheep, 15 Calves, 60 Hogs, 2 Mares, 2 Horses, etc."  This inventory is dated July 14, 1740, just two months before the first division of the estate.10
     On September 8, 1740, Mrs. Judith Lee received one-third of the estate of her deceased husband, Richard Lee.  It consisted of two-hundred ninety-nine pounds and six negroes.  At the same time Major Peter Conway received his wife's share of "her father's estate." and the court record specifically states that it was 
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one-seventh of the remaining two-thirds of the estate.11  This is the first indication, and a rather firm one, that there were seven children left by Richard Lee of Ditchley, and that Major Conway married one of the daughters before September 1740.  She was Elizabeth Lee and was probably the eldest of Richard Lee's children.12
     Let us now briefly cover the other known children of Richard and Judith Lee.
     In December, 1741, another division of the estate of Richard Lee occurs, when there is paid "to Mr. Charles Lee, his wife's filial part of her father's estate."13  This daughter is Mary Lee, and we find the marriage listed in a compilation of License Fees of Northumberland County which is published in the Virginia Magazine of History and Biography, volume 47, page 41, reading, "Charles Lee and Mary Lee - 1741."
     Another daughter was Judith Lee14 who was known to have married one David Galloway, Senior, a Scots merchant of Northumberland County.
     Then, of course, there is no doubt about another daughter, Lettice Lee, who married Colonel James Ball, Jr.; for her tombstone at St. Mary's White Chapel, Lancaster County, is thus inscribed: "In memory of Lettice Lee, 3rd wife if Colonel James Ball, daughter of Richard Lee of Ditchley. "Died the 17th of November, 1811, in the 80th year of her age." According to Lee of Virginia she was married about 1753.
     A fifth daughter Anne Lee, was married to George Kerr, also a Scots merchant who was closely associated with David Galloway who married her sister Judith Lee, before November 11, 1751; for on that date "Subscribers met and possessed George Kerr with his wife's filial part of her father's estate (Richard Lee)."15
     Kendall Lee, heir to all of Richard Lee's lands, claimed his inheritance on December 11, 1740.16  He was most likely twenty-one years of age at this date, making him born about 1728.  One of the Commissioners who possessed him of his estate was Baldwin Matthews Smith.  Kendall Lee was married on July 9, 1749 to Betty Heale, daughter of Priscilla Chinn.  Thomas Edwards, Jr., was security.17
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     Before proceeding to Lucy Lee, let me first disprove and dispose of Stephen Lee.
     The proponents of Stephen Lee being the seventh child readily admit that said Stephen Lee emigrated from Prince William County, Virginia, to Kentucky, where he died.  There is proof of this fact.  In the Kentucky Genealogist, Volume 2, 
                                                         (1734-1803)
pages 7 and 92, are listed "Claims file in Public Record Office, London, England" which deal with the information about American colonists who dealt with loyalist merchants prior to the American Revolution.  There is a Notation here as follows: "Stephen Lee of Prince William, debt due 1774 L.0.10.0.  He removed to Kentucky ten years ago; the(n) solvent.  Enquire of Colin Campbell. Page 243."18
Stephen Lee had removed to Kentucky in 1789, taking several of his sons and daughters with him.  He had resided in Prince William County, Virginia, for about thirty of forty years prior to going to Kentucky, and he and four of his sons appear in the Census Record (Tax List) for Prince William County for the period covering 1782-1787.  There is no doubt as to the fact that Stephen Lee who wrote his Will in Mason County, kentucky, which was proved on June 20, 179119 was the Stephen Lee of Prince William County, Virginia.
     The first appearance of Stephen Lee in Virginia is when he voted for Thomas Ludwell Lee in Stafford County in 1755-56.20  Next we find him buying land in Fairfax County from Robert Carter on October 16, 1755.21  Also, he purchased 204 Acres of land from Thomas Harrison on March 5, 1776.22  I cite these transactions to point out that Stephen Lee did not live on inherited land, as he would have had he been a scion of the Ditchley family, but that he came to Virginia and bought his land.
     The tombstone of Stephen Lee, located at "Leewood", near Maysville, Kentucky, has an inscription giving his date of death as 1791 and his age as either 81 or 84, depending upon the interpretation of the second figure (the first figure "8" being very clear).23  This death date is also attested by the proving of his Will in 1791.  This would make Stephen Lee born around 1710 - much too earley to be the son of Richard of Ditchley.  Accordingly, he would have been a man of about forty-five years when his record first appears in Prince William County.  Where was he prior to 1755?
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     There is positive proof as to his whereabouts.  His daughter Priscilla Lee married William Botts of Stafford County, Virginia.  This gentleman wrote in his Prayer Book - "William Botts and Priscilla Lee were married November ye 9th 1769."  His daughter, Elizabeth (Botts) Shackleford made another entry in the Prayer Book concerning her father: "married Miss Priscilla Lee of Prince Georges County, Maryland."  This definitely indicates that Stephen Lee's daughter, Priscilla, was born in Prince Georges County, Maryland.  Her sister, Lucy Lee, married Moses Bridwell in Stafford County in 1758.24  Another daughter, Nancy, married a Mountjoy of Stafford County, and a forth daughter, Ann, remained single.  This would indicate that the daughters removed with Stephen Lee from Prince Georges County, maryland, to Prince William County, Virginia.
     Thus, we see Stephen Lee living in Prince Georges County, Maryland, at least at the time of the birth of his daughters.  It is possible to pick up the threads of his life there as early as 1740,25  when he was first bonded as an adult, and carry them forward for another seven years, but that, and the matter of his actual parentage does not properly belong in this paper.  They are, however, under current research.  The point is that Stephen Lee never inherited land in Virginia and was never identified with the two counties wherein the Richard Lee of Ditchley family lived, Namely, Northumberland and Lancaster Counties, Virginia.
     This position is further strengthened by the fact that Kendall Lee requested, in November, 1766 and "Act of the Assembly to dock the entail of certain lands whereof Kendall Lee is seized, and for settling other lands and slaves to the same use."26  This land comprised 2,050 Acres in Northampton County, Virginia; 50 Acres in Northumberland County; and 904 Acres in Northumberland County, and 235 Acres in Loudoun County.  It was all of the land which had been willed to Kendall Lee by his father, Richard Lee.  No other land remained for another son.  It is highly unlikely that Richard Lee would have neglected to provide for another younger, minor son.  Also, Kendall Lee was born about 1728; a younger brother (if existing) could not possibly have been old enough to have appeared in the records of Prince Georges County, maryland, at the date upon which the said Stephen Lee was bonded in 1740.  His age is definitely too old to have been a son of Richard Lee of Ditchley.  And thus I rest the case of Stephen Lee.
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     Add to the above facts the most unusual fact that Stephen Lee did not give one of his sons a name traditional in the Lee of Westmoreland Family.  His sons were named Lewis, Stephen, Jr., Edward, Henry, and Peter.  Not a Richard, John, Fran(k), Thomas, William or Philip appear in the lot!  Thus I rest the case of Stephen Lee.  I believe that I have disposed of the possibility of Stephen Lee being a son of Richard Lee of Ditchley, and the seventh child of that gentleman.
     Let me pass on to my candidate, Lucy Lee, for the place of last and seventh child of Richard and Judith Lee of Ditchley!
     After Richard Lee died in 1735 his widow remained in that status until 1749, when she undertook a "Marriage Agreement with one Samuel Peachey, Gent.". dated February 16, 1749/40(50).27  This document was proved by "Jno. Leland, Kendall Lee and Lucy Lee, witnesses."  Captain Samuel Peachey came of an outstanding family of Richmond County and had previously been the husband of Winifred Griffin, who was the mother of all his children except one, Elizabeth, she being the product of his first marriage to Katherine McCarty, daughter of Captain Daniel McCarty (Westmoreland Deeds and Wills, No. 7, folios 256-261, dated November 9, 1721).  In "Richmond County Marriages (1668-1852)" by Mr. George N.S. King, published in 1964, the author gives some corrections concerning the various marriages of Captain Samuel Peachey, going on to state on page 144 of his book that Captain Samuel Peachey married thirdly "Judith Lee, widow of Richard Lee, Gent. (1691-1735) of Northumberland County, both of whom died testate there, but only the Will of Mrs. Peachey remains on record."  Mr. King gives the nearest death date for Captain Peachey as October 2, 1750.
     Now I wish to call attention to the Marriage Agreement of Judith Lee and Captain Samuel Peachey of 1749.  The two witnesses of this document with whom we are most concerned were her son Kendall Lee, with whom she was undoubtedly living, and one Lucy Lee.  Now the Lees were extraordinarily fond of having their own family members as witnesses to family documents.  Add to this, the fact that Lucy Lee, as an unmarried daughter, would be at home with her mother.  This first appearance of a Lucy Lee, with Judith Lee's son Kendall, makes one wonder, as this was a most personal document.
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     Then again, the Will of Judith Peachey, dated December 17, 1754 and proved on February 10, 1755, is of great interest.  "Debts to be paid.  Rest of estate to be equally divided between children.  Mr. Samuel Blackwell and my son Kendall, Ex.  Witnesses: Betty Conway, Kendall Lee, Lucy Smith and Ann Kerr."  Of these four witnesses, three have been proven to be children of Judith Lee Peachey.  It is my conclusion that she would not have called upon a fourth person, who was not a member of the family, to witness such a personal document as her last Will, in as much as she already had three witnesses who were her children.  It is my belief that this Lucy Smith is the same person who witnesses her mother's Marriage Agreement to Captain Samuel Peachey as "Lucy Lee."  In the space if time between 1749 and 1754, she had married a Smith.  She is undoubtedly the seventh and last child.
     At this point it should be stated that all this controversy over the "lost child" would not probably have arisen, if there were not a "gap" in the marriage records of the county of Northumberland.  These marriage records are published in volume 47 of the Virginia Magazine of History and Biography, page 41, as a compilation of the "Clerk's Fees for Licenses Issued."  I have personally examined these Fee Books for the period involved and find there is, in truth, a gap from "Joseph Blackwell and Lucy Steptoe, January 1745" to the next entry of "Henry Berry and Winifred Haynie, March, 1756."  This gap includes the dates of marriage of several of Richard Lee's daughters, including the marriage of Lucy Lee, which occurred between 1749 and 1755.
     I have found still another case of Lucy Lee appearing, with members of her Lee family, in the records of Northumberland County.  In the Will of Cuthbert Spann,29
proved November 12, 1753, one finds: "to my friend Mr. Peter Conway", and the witnesses to the codicil dated May 26, 1750 are Abraham *ivision, Anne Lee, Lucy Lee, and Edwin Conway.  The Spanns and the Conways and the Lees were neighbors and friends, often inter-marrying.  Mr. Peter Conway was the husband of the sister (Elizabeth) of Anne and Lucy Lee.  At this date, 1750, both Anne and Lucy Lee were unmarried.
     Additional research leads me to conclude that Lucy Lee married Baldwin Matthews Smith, son of Philip Smith of "Fleet's Bay", Northumberland County.  This Smith family,
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both Philip the father and Baldwin Matthews the son, were closely associated with both Richard and Kendall Lee, servining together as securities, commissioners, etc.  There is no record of the marriage of Lucy Lee to Baldwin Matthews Smith, as the date of said marriage would fall within the period of Clerk's License Fees for which there is no record.  However, in searching for the marriage in surrounding counties, I found the marriage of "William Montague and Lucy Smith, relict of Baldwin Smith.  Sec. Jas. Selden.  Witnesses Hugh Walker, John Montague. "dated the eleventh of December, 1772.
     This Baldwin Matthews Smith did not leave a Will, but there is listed an Administration of Estate for him on page 272 of Section of Northumberland Order Book for 1758-1762.  The estate was administered by John Smith, his son, and the date is June 8, 1761.  Also, in Abstracts of Lancaster County, Virginia Wills (1653-1800) by Ida J. Lee, on page 203 of same one notes the name of Baldwin Matthews Smith.  "Division of Negroes" is recorded January 20, 1764.  This names "to Mrs. Lucy Smith, widow," "Colonel John Lee for Mary and Frances' part". "Mrs. Smith for Judith and Mildred's part." "Mr. George Heale for Burgess' part", and Mr. John Smith for Philip Smith's part."31 It is believed that Baldwin Mathews Smith and his wife, Lucy, were living in Lancaster County at the time of his death.  Their home was "Smithfield", formerly Menaskin, owned by David Fox and called the "River Plantation."
     I would like to digress a little at this point to give a resume of the Smith Family.  Baldwin Matthews Smith was the son of Philip Smith, as previously stated.  The latter was the son of Captain John Smith of Purton who married Mary Matthews on February 9, 1711.  She was the daughter of Baldwin Matthews, Justice of the Peace for York County, and great-grandson to Govenor Samuel Matthews.  Baldwin Matthews Smith first married Fanny Burgess32 daughter of Charles Burgess and had sons John, Philip and Burgess, and possibly Edward.33
     Then, in 1775, under Baldwin Matthews Smith, in Lancaster County, one finds another division of negroes, dated November 16, 1775 and recorded December 21, 1775, "to the Rev. John Leland, Jr., in right of his wife (Judith Smith) and Mildred Smith,
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orphans of Baldwin Matthews Smith, by Thomas B. Griffin, Richard Ball, James W. Ball."34  The Rev. John Leland, Jr., married, on October 19, 1775, Judith Smith, daughter of Baldwin Matthews Smith and his wife Lucy.35 His father, John Leland, had been an executer to the Will of Judith (Lee) Peachey, together with her son, Kendall.  The Will of John Leland, Jr.,36 was recorded in Lancaster County on June 15, 1799, and names wife Judith; sons John Lee Leland, Leroy Peachey Leland, and Baldwin Leland.  The eldest son carried his grandmother's maiden name.
     The other Smith orphan, Mildred, married LeRoy Peachey of Richmond County, and is said to have left no issue.  This relationship is verified in a Deed written in 1785 in Lancaster County.37
     Now Lucy Lee and her husband Baldwin Matthews Smith were living in Lancaster County at the time of his death.  She obviously continued to reside there.  She marr(ied) Captain William Montague in Lancaster County on December 11, 1772.38 The securities and witnesses were James Selden, Hugh Walker, and John Montague, and she was described as "Lucy Smith, widow."  She had only one child by William Montague. William.  The Will of Captain William Montague was recorded October 21, 1794.39  It names wife Lucy; sons Thomas (Dragon Plantation), William and John; daughters Hannah and Frances Montague (by his first marriage); "Daughter-in-law Judith Leland and Mildred Smith, sister of son William Montague;" "Godson Baldwin Matthews Leland."  Ex.: Dr. William Ball, John Montague. Wits: John Leland.
     There is a fine genealogy of the Montague Family entitled. "Montague Genealogy" (Peter of Nansemond andLancaster Counties, Virginia) by C.W. Montague, 1894.  It has a resume of Captain William Montague, son of William, born about 1728, who married first Hannah Ballendine of Lancaster and second widow mary Lucy Smith, "whose maiden name was Lucy Lee, descendants say she was a relative of Light Horse Harry Lee."  He goes on to say that one of her descendants has a "Memorial Ring" with the letters "L.M." upon the side of which is engraved "died March 30, 1806, aged about 71 years."  This would make Lucy Lee Smith Montague born in 1735, the last year of her father's life; undoubtedly she was his seventh and last child!
Grace M. Moses 
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The Seven Children of Richard Lee of Ditchley