Person Page - 580

     Nicholas fitz Herbert married Dorothy Longford, daughter of Sir Ralph Longford, in 1501.¹

Nicholas fitz Herbert died in 1517; dsp & vp.¹

     Hobart Todd was born WFT Est. 1903 1930.¹
Hobart Todd died WFT Est. 1904 1993; Died young.¹

     Louie Todd was born WFT Est. 1903 1930.¹
Louie Todd died WFT Est. 1904 1993; Died young.¹

     John Todd was born WFT Est. 1903 1930.¹
John Todd died WFT Est. 1904 1993; Died young.¹

     Henry Earl Todd was born on 2 April 1903 at Howes Mill, Dent Co., Missouri, USA.¹
Henry Earl Todd died on 30 July 1964 at Columbia, Boone Co., Missouri, USA, at age 61.¹

     Ernest Todd was born on 2 March 1909.¹
Ernest Todd died on 10 August 1974 at age 65.¹

     James Todd was born WFT Est. 1903 1930.¹
James Todd died WFT Est. 1904 1993; died 2 years old.¹

     Child Todd was born WFT Est. 1903 1930.¹
Child Todd died WFT Est. 1904 1993; died infancy.¹

     Leora Todd was born WFT Est. 1901 1928.¹
Leora Todd died on 20 November 1965 at St. Louis, Missouri, USA.¹
      ; Lived St. Louis, MO.

     James Riley Todd was born on 15 March 1905 at Crawford Co., Missouri, USA.¹
James Riley Todd died on 30 June 1992 at Rolla, Phelps Co., Missouri, USA, at age 87.¹

     Edward James Todd was born on 11 December 1906 at Dillard, Crawford Co., Missouri, USA.¹
Edward James Todd died on 12 November 1992 at Pekin, Illinois, USA, at age 85.¹

     Lola Todd was born WFT Est. 1903 1930.¹
Lola Todd died on 4 April 1972.¹

     T. Roxana Chandler was born in 1862.¹
T. Roxana Chandler died in 1940.¹

     Willis Chandler was born on 5 November 1853 at Crawford Co., Missouri, USA.¹
Willis Chandler died on 22 May 1917 at Bixby, Iron Co., Missouri, USA, at age 63.¹

     John Chandler was born in 1841.¹
John Chandler died on 28 December 1920.¹

     Alfred Chandler was born on 8 January 1848.¹
Alfred Chandler died before 1910.¹

     Nancy Elizabeth Chandler was born on 1 January 1842.¹
Nancy Elizabeth Chandler died on 31 December 1912 at age 70.¹

     Mary Steptoe Lee was born in 1724 at Northumberland Co., Virginia, USA.⁶ She married Charles Lee III, son of Charles Lee II and Elizabeth Pinkard, in 1741
;
His 1st of 2 wives. His 1st cousin.
Per Early Col Settlers: "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."^7,6
Mary Steptoe Lee died on 4 March 1744.²
Mary Steptoe Lee was buried after 4 March 1744 at Cobbs Hall Burying Ground, Northumberland Co., Virginia, USA;
From Find a Grave
Birth     unknown
Death     4 Mar 1744
Burial     Cobbs Hall Burying Ground, Northumberland County, Virginia, USA
     Charles, the eldest son of Charles Lee and Elizabeth Pinckard, his wife, was born at "Cobbs Hall" the 2d of November, 1722, and died there about October of 1747. He was twice married, each time to a cousin; his first wife was Mary, daughter of Richard and Judith (Steptoe) Lee, of "Ditchley," who died at the birth of her son, Charles, on the 4th of March, 1744. (These dates are from his family Bible, now in the possession of Judge Edwin Broun, of Northumberland.) Charles Lee married, secondly, Leeanna, daughter of William (?) and Leeanna (Lee) Jones. In his will (dated the 30th of December, 1746, and probated the 9th of November, 1747) he named his wife, "Leeannah Lee," his two sons, Charles and Thomas, both minors, and "the child my wife now goes with." Peter Conway, David Galloway and Kendall Lee were appointed his executors; an appraisement of his estate was ordered the same day his will was admitted to probate. Lee of Virginia, 1642-1892: Biographical and Genealogical Sketches of the Descendants of Colonel Richard Lee (ebooksread.com) by Edmund Jennings Lee
Inscription     Within this enclosure was buried
~ Richard Lee ~
of an ancient family of Nordley Regis in Shropshire, who emigrated from London to Virginia in 1639. He was successively clerk of the quarter court at Jamestown, Attorney General of Virginia, Secretary of State, and a member of the council. Having long traded with the nearby Wicomico Indians, in 1656 he established his home on Dividing Creek, at a point 400 feet to the Northeast of this stone. He died there in 1664 and was buried here in his garden.
Also buried within this enclosure were
     In 1761 this Leeanna Lee ordered the erection of the original enclosing wall. Later members of the Cobbs Hall family, Lees and Harveys, were buried nearby outside the wall.
~ Erected by The Society of the Lees of Virginia ~ 1958
Family Members
Parents
     Richard Henry Lee 1691–1740
     Judith Steptoe Lee unknown–1757
Spouse
     Charles Lee 1722–1747 (m. 1742)
Siblings
     Stephen Lee 1715–1791
     Lettice Lee Ball 1731–1811
Created by: BeNotForgot
Added: Apr 19, 2012
Find a Grave Memorial ID: 88759186.²
     She is mentioned in the Research Issues of Richard Henry Lee and Judith Steptoe;
There are two documents of intrest to the debate concerning the children of Richard LEE 1691-1735 #3946 and Judith STEPTOE 1702-1755 #3947.
I. The first is a letter dated 21 March 1971 from The Society of the Lees of Virginia.

THE SEVEN CHILDREN OF RICHARD LEE OF DITCHLEY

Richard Lee, son of Hancock Lee and his wife, Mary Kendall, was a grandson of the Emigrant, Richard Lee and his wife, Anne Constable· He was born August 18, 1691 1 married Judith Steptoe, daughter of John Steptoe and Elizabeth Eustace2 widow of John Eustace of Northumberland County, Virginia·)3

Richard Lee apparently died suddenly in early 1735· This is indicated in the records of the Court Sessions of Nay [sic] 21, 17354, which report, "Account of Richard Lee for building a warehouse at Indian Creek" , which was read and allowed. At this same Session, a will of said Richard Lee was presented by Wm. Eustace, Gent., one of his executors.

An erroneous date of the death of Richard Lee had been previously assumed to be 17405. This was based upon the appointment on June 9, 174O6 of Hrs. Judith Lee, as administratrix of "the estate of Richard Lee, deceased", not yet administered by William Eustace, also deceased, who was executor under the will. However, the 1735 records cited above, prove the death of Richard Lee in that year. Furthermore,on September ll, 1738, Wm Eustace, as Executor of Richard Lee's estate7, deeded 200 acres which had been inherited by "Richard Lee, deceased",from his father, Hancock Lee8. (This date correction was made by Grace M. Moses)

Richard Lee's real estate was inherited by his only son, Kendall Lee9. His personal estate was divided, giving his widow one-third, and the other two-thirds were divided into seven portions for his children. The exact number of the inheriting children is specified in a document dated September S, 1740, at which time Mrs·Judith Lee received her third of the estate, and Major Peter Conway received his wife's share of "her father's estate", which the records specify was one-seventh of the remaining two-thirds. At the time of publication of LEE OF VIRGINIA by Edmund J. Lee, Philadelohia 1895, the following five
children had been identified by documented evidence, and included therein on pages 534 and 535:-


Subsequently, the previously two unidentified children have been identified as follows:-


Cazenove G. Lee II based his identification of Anne Lee as a child of Richard Lee of Ditchley upon the following:-

On November 11,1751, "Subscribers met and possessed George Kerr with his wife's filial part of her father's estate (Richard Lee.15"George Kerr was a Scots merchant who was closely associated with David Galloway who had married Judith Lee, a previously proven daughter of Richard Lee.

The will of Judith Lee Peachy, dated December 17, 1754, proved February 10, 175516, was witnessed by Betty Conway, Kendall Lee, Lucy Smith and AnnKerr. Of these four, the first two were previously proven as Judith's children, and this report will cite additional evidence that the latter two, Lucy and Anne, were daughters , signed after their marriages to Smith and Kerr. George Kerr died 1767, and his widow, Ann Lee Kerr married circa 1768 17, Thomas Gaskins.


The following record is a condensation by Eleanor Lee Templeman, Secretary of the Society of the Lees of Virginia, of Mrs. Moses' more lengthy report.

Judith Lee, the widow of Richard Lee, signed a marriage contract dated February 16, 174918, with "Samuel Peachey, Gent." The witnesses were John Leland, Kendall Lee, Betty Lee, and Lucy Lee. Judith was the third wife of Captain Peachey. He died October 2, 1750 19.

As mentioned above, in the report on Ann Lee, Lucy and she were undoubtedly also daughters of Judith20, then still unmarried and living at home with their mother. It will later be shown that said Lucy's future son-in-law was the Reverend John LelandII, son of the other witness to Judith's marriage contract, John Leland. This evidences an early strong tie between the Lee and Leland families.

By the time of witnessing the will of their mother, Judith Lee Peachey in December, 1754, both of these daughters had married, as their signatures are Lucy Smith and Ann Kerr.

Whereas there is no existing marriage record of Lucy Lee to a Smith,the marriage would have been after1749 when she signed her maiden name, and December 1754 when she signed as Lucy Smith. THE VIRGINIA MAGAZINE OF HISTORY AND BIOGRAPHY, Volume 47, page 41, reports that the Northumberland County Marriage records from January 1745 to March 1756 are lost, the period that the Lee-Smith marriage would have been recorded. We know, however, that the marriage was later than May 26, 1750 when she signed as Lucy Lee, as a witness to a Codicil of a will of Cuthbert Spann (proved November 12, 175321, in which Peter Conway, husband of her sister Elizabeth Lee, benefitted.

The identity of the Smith whom Lucy Lee married is established in later records as Baldwin Matthews Smith,son of Philip Smith of Fleet's Bay, Northumberland County. Both Philip Smith and his son Baldwin Matthews Smith were closely associated with Richard Lee of Ditchtey and his son Kendall, serving together as securities, Commissioners, etc. When Kendall Lee came of age and claimed his inheritance on December 11, 1749, one of the Commissioners who possessed him of his estate was Baldwin Matthews Smith.

Baldwin Matthews Smith died intestate, but his son John Smith was Administrator of Estate, dated June 8, 176122, which mentions "Mrs. Lucy Smith, widow". At the time of his death, they were probably living in Lancaster County at "Smithfield", formerly Monaskin, and currently called "The River Plantation". Later, there appears a Lancaster County Marriage record, dated Dec- ember 11, 177223, of "William Montague and Lucy Smith, relict of Baldwin Smith".

The will of Captain William Montague, recorded October 21, 1784 names "wife, Lucy... daughters-in-law Judith Leland and Mildred Smith... God-son Baldwin Matthews Leland". It is noted that a John Leland was a witness to the marriage bond of Judith Lee and Samuel Peachy in 1754, together with Lucy Lee and Ann Lee and the other proven children of Judith Lee.

Approximately two decades later, on December 21, 177524, we find in Lancaster County, an assignment of negroes "to the Rev. John Leland Jr., in right of his wife and Mildred Smith, orphans of Baldwin Matthews Smith". The Reverand John Leland Jr. married Judith Smith, daughter of Baldwin Matthews Smith and his wife, Lucy, on October 19, 177525.

In the will of the Rev. John Leland, Jr., recorded in Lancaster County June 15, 1799, he names his wife Judith; sons John Lee Leland, Leroy Peachy Leland, and Baldwin Leland, bringing in the names of Lee, Peachy, and Baldwin. The other Smith orphan, Mildred, is recorded in a Lancaster County deed of 1785 as having married Leroy Peachy of Richmond County,and died without issue.

The above research on Lucy Lee by Grace McLean Moses was officially acceted October 1967 by the Board of the Society of the Lees of Virginia, with grateful appreciation expressed for her fine and painstaking research which has added greatly to the genea!ogical records of the Lee family.

REFERENCE NOTES

=====================================================
II. The second document is an letter written by Grace M. Moses (Mrs. Merillat Moses), dated 29 Oct. 1967, and entitled "The Lost Child of Richard Lee of Ditcheley".

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 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 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 not 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
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 filed 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?
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.
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.
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, 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, 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
Notes
* Genealogist, Society of the Lees of Virginia

     Kendall Lee was born in 1727.¹ He married Elizabeth "Betty" Heale, daughter of William Heale and Priscilla Downman, on 9 July 1749 at Lancaster Co., Virginia, USA.^6,2

Kendall Lee died in 1780.²

His estate was probated on 14 February 1780 at Northumberland Co., Virginia, USA.²

     He is mentioned in the Research Issues of Richard Henry Lee and Judith Steptoe;
There are two documents of intrest to the debate concerning the children of Richard LEE 1691-1735 #3946 and Judith STEPTOE 1702-1755 #3947.
I. The first is a letter dated 21 March 1971 from The Society of the Lees of Virginia.

THE SEVEN CHILDREN OF RICHARD LEE OF DITCHLEY

Richard Lee, son of Hancock Lee and his wife, Mary Kendall, was a grandson of the Emigrant, Richard Lee and his wife, Anne Constable· He was born August 18, 1691 1 married Judith Steptoe, daughter of John Steptoe and Elizabeth Eustace2 widow of John Eustace of Northumberland County, Virginia·)3

Richard Lee apparently died suddenly in early 1735· This is indicated in the records of the Court Sessions of Nay [sic] 21, 17354, which report, "Account of Richard Lee for building a warehouse at Indian Creek" , which was read and allowed. At this same Session, a will of said Richard Lee was presented by Wm. Eustace, Gent., one of his executors.

An erroneous date of the death of Richard Lee had been previously assumed to be 17405. This was based upon the appointment on June 9, 174O6 of Hrs. Judith Lee, as administratrix of "the estate of Richard Lee, deceased", not yet administered by William Eustace, also deceased, who was executor under the will. However, the 1735 records cited above, prove the death of Richard Lee in that year. Furthermore,on September ll, 1738, Wm Eustace, as Executor of Richard Lee's estate7, deeded 200 acres which had been inherited by "Richard Lee, deceased",from his father, Hancock Lee8. (This date correction was made by Grace M. Moses)

Richard Lee's real estate was inherited by his only son, Kendall Lee9. His personal estate was divided, giving his widow one-third, and the other two-thirds were divided into seven portions for his children. The exact number of the inheriting children is specified in a document dated September S, 1740, at which time Mrs·Judith Lee received her third of the estate, and Major Peter Conway received his wife's share of "her father's estate", which the records specify was one-seventh of the remaining two-thirds. At the time of publication of LEE OF VIRGINIA by Edmund J. Lee, Philadelohia 1895, the following five
children had been identified by documented evidence, and included therein on pages 534 and 535:-


Subsequently, the previously two unidentified children have been identified as follows:-


Cazenove G. Lee II based his identification of Anne Lee as a child of Richard Lee of Ditchley upon the following:-

On November 11,1751, "Subscribers met and possessed George Kerr with his wife's filial part of her father's estate (Richard Lee.15"George Kerr was a Scots merchant who was closely associated with David Galloway who had married Judith Lee, a previously proven daughter of Richard Lee.

The will of Judith Lee Peachy, dated December 17, 1754, proved February 10, 175516, was witnessed by Betty Conway, Kendall Lee, Lucy Smith and AnnKerr. Of these four, the first two were previously proven as Judith's children, and this report will cite additional evidence that the latter two, Lucy and Anne, were daughters , signed after their marriages to Smith and Kerr. George Kerr died 1767, and his widow, Ann Lee Kerr married circa 1768 17, Thomas Gaskins.


The following record is a condensation by Eleanor Lee Templeman, Secretary of the Society of the Lees of Virginia, of Mrs. Moses' more lengthy report.

Judith Lee, the widow of Richard Lee, signed a marriage contract dated February 16, 174918, with "Samuel Peachey, Gent." The witnesses were John Leland, Kendall Lee, Betty Lee, and Lucy Lee. Judith was the third wife of Captain Peachey. He died October 2, 1750 19.

As mentioned above, in the report on Ann Lee, Lucy and she were undoubtedly also daughters of Judith20, then still unmarried and living at home with their mother. It will later be shown that said Lucy's future son-in-law was the Reverend John LelandII, son of the other witness to Judith's marriage contract, John Leland. This evidences an early strong tie between the Lee and Leland families.

By the time of witnessing the will of their mother, Judith Lee Peachey in December, 1754, both of these daughters had married, as their signatures are Lucy Smith and Ann Kerr.

Whereas there is no existing marriage record of Lucy Lee to a Smith,the marriage would have been after1749 when she signed her maiden name, and December 1754 when she signed as Lucy Smith. THE VIRGINIA MAGAZINE OF HISTORY AND BIOGRAPHY, Volume 47, page 41, reports that the Northumberland County Marriage records from January 1745 to March 1756 are lost, the period that the Lee-Smith marriage would have been recorded. We know, however, that the marriage was later than May 26, 1750 when she signed as Lucy Lee, as a witness to a Codicil of a will of Cuthbert Spann (proved November 12, 175321, in which Peter Conway, husband of her sister Elizabeth Lee, benefitted.

The identity of the Smith whom Lucy Lee married is established in later records as Baldwin Matthews Smith,son of Philip Smith of Fleet's Bay, Northumberland County. Both Philip Smith and his son Baldwin Matthews Smith were closely associated with Richard Lee of Ditchtey and his son Kendall, serving together as securities, Commissioners, etc. When Kendall Lee came of age and claimed his inheritance on December 11, 1749, one of the Commissioners who possessed him of his estate was Baldwin Matthews Smith.

Baldwin Matthews Smith died intestate, but his son John Smith was Administrator of Estate, dated June 8, 176122, which mentions "Mrs. Lucy Smith, widow". At the time of his death, they were probably living in Lancaster County at "Smithfield", formerly Monaskin, and currently called "The River Plantation". Later, there appears a Lancaster County Marriage record, dated Dec- ember 11, 177223, of "William Montague and Lucy Smith, relict of Baldwin Smith".

The will of Captain William Montague, recorded October 21, 1784 names "wife, Lucy... daughters-in-law Judith Leland and Mildred Smith... God-son Baldwin Matthews Leland". It is noted that a John Leland was a witness to the marriage bond of Judith Lee and Samuel Peachy in 1754, together with Lucy Lee and Ann Lee and the other proven children of Judith Lee.

Approximately two decades later, on December 21, 177524, we find in Lancaster County, an assignment of negroes "to the Rev. John Leland Jr., in right of his wife and Mildred Smith, orphans of Baldwin Matthews Smith". The Reverand John Leland Jr. married Judith Smith, daughter of Baldwin Matthews Smith and his wife, Lucy, on October 19, 177525.

In the will of the Rev. John Leland, Jr., recorded in Lancaster County June 15, 1799, he names his wife Judith; sons John Lee Leland, Leroy Peachy Leland, and Baldwin Leland, bringing in the names of Lee, Peachy, and Baldwin. The other Smith orphan, Mildred, is recorded in a Lancaster County deed of 1785 as having married Leroy Peachy of Richmond County,and died without issue.

The above research on Lucy Lee by Grace McLean Moses was officially acceted October 1967 by the Board of the Society of the Lees of Virginia, with grateful appreciation expressed for her fine and painstaking research which has added greatly to the genea!ogical records of the Lee family.

REFERENCE NOTES

=====================================================
II. The second document is an letter written by Grace M. Moses (Mrs. Merillat Moses), dated 29 Oct. 1967, and entitled "The Lost Child of Richard Lee of Ditcheley".

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 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 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 not 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
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 filed 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?
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.
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.
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, 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, 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
Notes
* Genealogist, Society of the Lees of Virginia Kendall Lee was Vestryman in 1777 at Wicomico Parish, Northumberland Co., Virginia, USA.² He witnessed the marriage of Samuel Peachy and Judith Steptoe on 16 February 1749 at Northumberland Co., Virginia, USA;
His 3rd of 3 wives; Her 2nd of 2 husbands;
     Per Lee [1895:534]: "The Northumberland records give the marriage contract, dated 16th of February, 1749, between Samuel Peacy of Richmond county, and Judith Lee, Widow, of Northumberland county, which was witnessed by John Leeland, Kendall Lee, Betty Lee, and Lucy Lee."^5,8,9
In Judith Steptoe's will dated 17 December 1754 at Northumberland Co., Virginia, USA, Kendall Lee was named as executor;
Per Early Colonial Settlers:
1753-1756 Record Book #3; Northumberland Co Va, (Lewis & Booker): Page 183
Peachey, Judith
W. W. 17 December 1754---W. P. 10 February 1755
All my estate both real and personal to be equally divided among all my children.
Mr. Samuel Blackwell and my son Kendal Lee executors.
Witness: Betty Conway, Kendal Lee, Lucy Smith and Ann Ker.⁵

Kendall Lee left a will on 18 September 1779 at Northumberland Co., Virginia, USA.²

     Judith Lee was born in 1723.¹ She married David Galloway Sr. in 1745/46.⁵

Judith Lee died on 24 March 1791.⁵
     She is mentioned in the Research Issues of Richard Henry Lee and Judith Steptoe;
There are two documents of intrest to the debate concerning the children of Richard LEE 1691-1735 #3946 and Judith STEPTOE 1702-1755 #3947.
I. The first is a letter dated 21 March 1971 from The Society of the Lees of Virginia.

THE SEVEN CHILDREN OF RICHARD LEE OF DITCHLEY

Richard Lee, son of Hancock Lee and his wife, Mary Kendall, was a grandson of the Emigrant, Richard Lee and his wife, Anne Constable· He was born August 18, 1691 1 married Judith Steptoe, daughter of John Steptoe and Elizabeth Eustace2 widow of John Eustace of Northumberland County, Virginia·)3

Richard Lee apparently died suddenly in early 1735· This is indicated in the records of the Court Sessions of Nay [sic] 21, 17354, which report, "Account of Richard Lee for building a warehouse at Indian Creek" , which was read and allowed. At this same Session, a will of said Richard Lee was presented by Wm. Eustace, Gent., one of his executors.

An erroneous date of the death of Richard Lee had been previously assumed to be 17405. This was based upon the appointment on June 9, 174O6 of Hrs. Judith Lee, as administratrix of "the estate of Richard Lee, deceased", not yet administered by William Eustace, also deceased, who was executor under the will. However, the 1735 records cited above, prove the death of Richard Lee in that year. Furthermore,on September ll, 1738, Wm Eustace, as Executor of Richard Lee's estate7, deeded 200 acres which had been inherited by "Richard Lee, deceased",from his father, Hancock Lee8. (This date correction was made by Grace M. Moses)

Richard Lee's real estate was inherited by his only son, Kendall Lee9. His personal estate was divided, giving his widow one-third, and the other two-thirds were divided into seven portions for his children. The exact number of the inheriting children is specified in a document dated September S, 1740, at which time Mrs·Judith Lee received her third of the estate, and Major Peter Conway received his wife's share of "her father's estate", which the records specify was one-seventh of the remaining two-thirds. At the time of publication of LEE OF VIRGINIA by Edmund J. Lee, Philadelohia 1895, the following five
children had been identified by documented evidence, and included therein on pages 534 and 535:-


Subsequently, the previously two unidentified children have been identified as follows:-


Cazenove G. Lee II based his identification of Anne Lee as a child of Richard Lee of Ditchley upon the following:-

On November 11,1751, "Subscribers met and possessed George Kerr with his wife's filial part of her father's estate (Richard Lee.15"George Kerr was a Scots merchant who was closely associated with David Galloway who had married Judith Lee, a previously proven daughter of Richard Lee.

The will of Judith Lee Peachy, dated December 17, 1754, proved February 10, 175516, was witnessed by Betty Conway, Kendall Lee, Lucy Smith and AnnKerr. Of these four, the first two were previously proven as Judith's children, and this report will cite additional evidence that the latter two, Lucy and Anne, were daughters , signed after their marriages to Smith and Kerr. George Kerr died 1767, and his widow, Ann Lee Kerr married circa 1768 17, Thomas Gaskins.


The following record is a condensation by Eleanor Lee Templeman, Secretary of the Society of the Lees of Virginia, of Mrs. Moses' more lengthy report.

Judith Lee, the widow of Richard Lee, signed a marriage contract dated February 16, 174918, with "Samuel Peachey, Gent." The witnesses were John Leland, Kendall Lee, Betty Lee, and Lucy Lee. Judith was the third wife of Captain Peachey. He died October 2, 1750 19.

As mentioned above, in the report on Ann Lee, Lucy and she were undoubtedly also daughters of Judith20, then still unmarried and living at home with their mother. It will later be shown that said Lucy's future son-in-law was the Reverend John LelandII, son of the other witness to Judith's marriage contract, John Leland. This evidences an early strong tie between the Lee and Leland families.

By the time of witnessing the will of their mother, Judith Lee Peachey in December, 1754, both of these daughters had married, as their signatures are Lucy Smith and Ann Kerr.

Whereas there is no existing marriage record of Lucy Lee to a Smith,the marriage would have been after1749 when she signed her maiden name, and December 1754 when she signed as Lucy Smith. THE VIRGINIA MAGAZINE OF HISTORY AND BIOGRAPHY, Volume 47, page 41, reports that the Northumberland County Marriage records from January 1745 to March 1756 are lost, the period that the Lee-Smith marriage would have been recorded. We know, however, that the marriage was later than May 26, 1750 when she signed as Lucy Lee, as a witness to a Codicil of a will of Cuthbert Spann (proved November 12, 175321, in which Peter Conway, husband of her sister Elizabeth Lee, benefitted.

The identity of the Smith whom Lucy Lee married is established in later records as Baldwin Matthews Smith,son of Philip Smith of Fleet's Bay, Northumberland County. Both Philip Smith and his son Baldwin Matthews Smith were closely associated with Richard Lee of Ditchtey and his son Kendall, serving together as securities, Commissioners, etc. When Kendall Lee came of age and claimed his inheritance on December 11, 1749, one of the Commissioners who possessed him of his estate was Baldwin Matthews Smith.

Baldwin Matthews Smith died intestate, but his son John Smith was Administrator of Estate, dated June 8, 176122, which mentions "Mrs. Lucy Smith, widow". At the time of his death, they were probably living in Lancaster County at "Smithfield", formerly Monaskin, and currently called "The River Plantation". Later, there appears a Lancaster County Marriage record, dated Dec- ember 11, 177223, of "William Montague and Lucy Smith, relict of Baldwin Smith".

The will of Captain William Montague, recorded October 21, 1784 names "wife, Lucy... daughters-in-law Judith Leland and Mildred Smith... God-son Baldwin Matthews Leland". It is noted that a John Leland was a witness to the marriage bond of Judith Lee and Samuel Peachy in 1754, together with Lucy Lee and Ann Lee and the other proven children of Judith Lee.

Approximately two decades later, on December 21, 177524, we find in Lancaster County, an assignment of negroes "to the Rev. John Leland Jr., in right of his wife and Mildred Smith, orphans of Baldwin Matthews Smith". The Reverand John Leland Jr. married Judith Smith, daughter of Baldwin Matthews Smith and his wife, Lucy, on October 19, 177525.

In the will of the Rev. John Leland, Jr., recorded in Lancaster County June 15, 1799, he names his wife Judith; sons John Lee Leland, Leroy Peachy Leland, and Baldwin Leland, bringing in the names of Lee, Peachy, and Baldwin. The other Smith orphan, Mildred, is recorded in a Lancaster County deed of 1785 as having married Leroy Peachy of Richmond County,and died without issue.

The above research on Lucy Lee by Grace McLean Moses was officially acceted October 1967 by the Board of the Society of the Lees of Virginia, with grateful appreciation expressed for her fine and painstaking research which has added greatly to the genea!ogical records of the Lee family.

REFERENCE NOTES

=====================================================
II. The second document is an letter written by Grace M. Moses (Mrs. Merillat Moses), dated 29 Oct. 1967, and entitled "The Lost Child of Richard Lee of Ditcheley".

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 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 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 not 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
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 filed 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?
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.
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.
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, 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, 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
Notes
* Genealogist, Society of the Lees of Virginia

     Thomas Lee married Mary Griffin (?)¹
Thomas Lee was born in 1729.¹

     Milicent Conway was born in 1727.¹ She married Col. James Gordon on 28 March 1742.¹

Milicent Conway died on 2 February 1747/48.¹

     Anne Lee was born circa 1733 at Northumberland Co., Virginia, USA.⁵ She married George Kerr before 11 November 1751 at Northumberland Co., Virginia, USA,
;
Her 1st of 2 husbands.³ Anne Lee married Thomas Gaskins V, son of Thomas Gaskins IV and Unknown (?), on 25 February 1765 at Northumberland Co., Virginia, USA,
;
His 2nd of 4 wives; her 2nd of 2 husbands.^5,6
Anne Lee died before 1770 at Northumberland Co., Virginia, USA.⁵
     She is mentioned in the Research Issues of Richard Henry Lee and Judith Steptoe;
There are two documents of intrest to the debate concerning the children of Richard LEE 1691-1735 #3946 and Judith STEPTOE 1702-1755 #3947.
I. The first is a letter dated 21 March 1971 from The Society of the Lees of Virginia.

THE SEVEN CHILDREN OF RICHARD LEE OF DITCHLEY

Richard Lee, son of Hancock Lee and his wife, Mary Kendall, was a grandson of the Emigrant, Richard Lee and his wife, Anne Constable· He was born August 18, 1691 1 married Judith Steptoe, daughter of John Steptoe and Elizabeth Eustace2 widow of John Eustace of Northumberland County, Virginia·)3

Richard Lee apparently died suddenly in early 1735· This is indicated in the records of the Court Sessions of Nay [sic] 21, 17354, which report, "Account of Richard Lee for building a warehouse at Indian Creek" , which was read and allowed. At this same Session, a will of said Richard Lee was presented by Wm. Eustace, Gent., one of his executors.

An erroneous date of the death of Richard Lee had been previously assumed to be 17405. This was based upon the appointment on June 9, 174O6 of Hrs. Judith Lee, as administratrix of "the estate of Richard Lee, deceased", not yet administered by William Eustace, also deceased, who was executor under the will. However, the 1735 records cited above, prove the death of Richard Lee in that year. Furthermore,on September ll, 1738, Wm Eustace, as Executor of Richard Lee's estate7, deeded 200 acres which had been inherited by "Richard Lee, deceased",from his father, Hancock Lee8. (This date correction was made by Grace M. Moses)

Richard Lee's real estate was inherited by his only son, Kendall Lee9. His personal estate was divided, giving his widow one-third, and the other two-thirds were divided into seven portions for his children. The exact number of the inheriting children is specified in a document dated September S, 1740, at which time Mrs·Judith Lee received her third of the estate, and Major Peter Conway received his wife's share of "her father's estate", which the records specify was one-seventh of the remaining two-thirds. At the time of publication of LEE OF VIRGINIA by Edmund J. Lee, Philadelohia 1895, the following five
children had been identified by documented evidence, and included therein on pages 534 and 535:-


Subsequently, the previously two unidentified children have been identified as follows:-


Cazenove G. Lee II based his identification of Anne Lee as a child of Richard Lee of Ditchley upon the following:-

On November 11,1751, "Subscribers met and possessed George Kerr with his wife's filial part of her father's estate (Richard Lee.15"George Kerr was a Scots merchant who was closely associated with David Galloway who had married Judith Lee, a previously proven daughter of Richard Lee.

The will of Judith Lee Peachy, dated December 17, 1754, proved February 10, 175516, was witnessed by Betty Conway, Kendall Lee, Lucy Smith and AnnKerr. Of these four, the first two were previously proven as Judith's children, and this report will cite additional evidence that the latter two, Lucy and Anne, were daughters , signed after their marriages to Smith and Kerr. George Kerr died 1767, and his widow, Ann Lee Kerr married circa 1768 17, Thomas Gaskins.


The following record is a condensation by Eleanor Lee Templeman, Secretary of the Society of the Lees of Virginia, of Mrs. Moses' more lengthy report.

Judith Lee, the widow of Richard Lee, signed a marriage contract dated February 16, 174918, with "Samuel Peachey, Gent." The witnesses were John Leland, Kendall Lee, Betty Lee, and Lucy Lee. Judith was the third wife of Captain Peachey. He died October 2, 1750 19.

As mentioned above, in the report on Ann Lee, Lucy and she were undoubtedly also daughters of Judith20, then still unmarried and living at home with their mother. It will later be shown that said Lucy's future son-in-law was the Reverend John LelandII, son of the other witness to Judith's marriage contract, John Leland. This evidences an early strong tie between the Lee and Leland families.

By the time of witnessing the will of their mother, Judith Lee Peachey in December, 1754, both of these daughters had married, as their signatures are Lucy Smith and Ann Kerr.

Whereas there is no existing marriage record of Lucy Lee to a Smith,the marriage would have been after1749 when she signed her maiden name, and December 1754 when she signed as Lucy Smith. THE VIRGINIA MAGAZINE OF HISTORY AND BIOGRAPHY, Volume 47, page 41, reports that the Northumberland County Marriage records from January 1745 to March 1756 are lost, the period that the Lee-Smith marriage would have been recorded. We know, however, that the marriage was later than May 26, 1750 when she signed as Lucy Lee, as a witness to a Codicil of a will of Cuthbert Spann (proved November 12, 175321, in which Peter Conway, husband of her sister Elizabeth Lee, benefitted.

The identity of the Smith whom Lucy Lee married is established in later records as Baldwin Matthews Smith,son of Philip Smith of Fleet's Bay, Northumberland County. Both Philip Smith and his son Baldwin Matthews Smith were closely associated with Richard Lee of Ditchtey and his son Kendall, serving together as securities, Commissioners, etc. When Kendall Lee came of age and claimed his inheritance on December 11, 1749, one of the Commissioners who possessed him of his estate was Baldwin Matthews Smith.

Baldwin Matthews Smith died intestate, but his son John Smith was Administrator of Estate, dated June 8, 176122, which mentions "Mrs. Lucy Smith, widow". At the time of his death, they were probably living in Lancaster County at "Smithfield", formerly Monaskin, and currently called "The River Plantation". Later, there appears a Lancaster County Marriage record, dated Dec- ember 11, 177223, of "William Montague and Lucy Smith, relict of Baldwin Smith".

The will of Captain William Montague, recorded October 21, 1784 names "wife, Lucy... daughters-in-law Judith Leland and Mildred Smith... God-son Baldwin Matthews Leland". It is noted that a John Leland was a witness to the marriage bond of Judith Lee and Samuel Peachy in 1754, together with Lucy Lee and Ann Lee and the other proven children of Judith Lee.

Approximately two decades later, on December 21, 177524, we find in Lancaster County, an assignment of negroes "to the Rev. John Leland Jr., in right of his wife and Mildred Smith, orphans of Baldwin Matthews Smith". The Reverand John Leland Jr. married Judith Smith, daughter of Baldwin Matthews Smith and his wife, Lucy, on October 19, 177525.

In the will of the Rev. John Leland, Jr., recorded in Lancaster County June 15, 1799, he names his wife Judith; sons John Lee Leland, Leroy Peachy Leland, and Baldwin Leland, bringing in the names of Lee, Peachy, and Baldwin. The other Smith orphan, Mildred, is recorded in a Lancaster County deed of 1785 as having married Leroy Peachy of Richmond County,and died without issue.

The above research on Lucy Lee by Grace McLean Moses was officially acceted October 1967 by the Board of the Society of the Lees of Virginia, with grateful appreciation expressed for her fine and painstaking research which has added greatly to the genea!ogical records of the Lee family.

REFERENCE NOTES

=====================================================
II. The second document is an letter written by Grace M. Moses (Mrs. Merillat Moses), dated 29 Oct. 1967, and entitled "The Lost Child of Richard Lee of Ditcheley".

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 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 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 not 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
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 filed 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?
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.
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.
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, 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, 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
Notes
* Genealogist, Society of the Lees of Virginia

     Mary Griffin (?) married Thomas Lee, son of Richard Henry Lee and Judith Steptoe.¹
Mary Griffin (?) was born in 1732.¹
Mary Griffin (?) died on 8 December 1758.¹

     Hillery J. Langtrye died on 18 October 1843 at Callaway Co., Missouri, USA.⁵
Hillery J. Langtrye was buried after 18 October 1843 at Old Auxvasse Presbyterian Church Cemetery, Auxvasse, Callaway Co., Missouri, USA; from FindAGrave.com:
     Birth:      unknown
     Death:      Oct. 18, 1843
     Inscription: "in the 21st year of his age."
     Burial: Old Auxvasse Presbyterian Church Cemetery, Auxvasse, Callaway County, Missouri, USA
     Created by: John & Linda Russell
     Record added: Oct 04, 2009
     Find A Grave Memorial# 42690091.⁵

     Archibald Langtrye married Elizabeth Hamilton.^1,2,3

     Archibald Langtrye was also known as Archibald Langtry.⁴

Archibald Langtrye lived in 1837 at Callaway Co., Missouri, USA.³