The following provided
courtesy of Joyce Hetrick.
CHARLOTTE WISHEART-2, AARON’s bride, was the daughter of HENRY WISHEART. GEORGE SIMPSON had obviously been a friend of HENRY’s, since he was one of the signers of HENRY’s will, dated 1776. All three of HENRY’s daughters would marry sons of GEORGE SIMPSON.
HENRY WISHEART moved to Fairfax from nearby Loudoun County, Virginia, shortly before his death. Fairfax County had originally been cut off from Loudoun, so this was not a large geographic move. He may have had connections or relationships in the new area prior to the move. He was buying lands there as early as 1759, from a man named Edward Muse, who may have been a kinsman of his wife’s. This gives us an approximate birth date for HENRY of “before 1738.” We also know he was in the colony by 1759 or before. Since his daughters were still minors at his death in 1776, it is likely that he wasn’t much past age 40 at the time he died, so this approximate birth date may be reasonably accurate for HENRY WISHEART.
Edward Muse, son of JOHN MUSE, Jr., and his wife, ANN, lived in Westmoreland County. He had leased lands in 1734 in Westmoreland County from ROBERT SANDFORD [ Jr.] and MARY, his wife, who was a sister of Edward Muse. Edward had married Ann, daughter of Richard Sanford, Sr., and his wife, Susannah [surname unknown.] He had a grandson, Sanford Muse, who was mentioned in his will. Edward died in 1781, leaving a will, naming his children and widow.
There were other Muse-Sanford marriages, too; Thomas Muse, Jr. [b. 1712- d. 1734] married Sarah Sanford. John Muse [b. 1700- d. 1777] married Mary Sanford.
Wisheart [Wishart, Wiseheart, Wishard, etc.] is most likely a Scots or English name. HENRY didn’t appear to be a planter, or farmer, but was probably a merchant or money lender. He owned four slaves, but had them rented out, and received money for their labor. He was apparently a member of the established church, so was probably not a Scots-Irishman, who were usually Presbyterians. He also appointed ministers of the established church as his children’s guardians. Erick Montgomery thinks HENRY may have been the immigrant ancestor of this line, and the first of his family if not his name. Men named Wisheart [Wishard] were prominent martyrs in Scotland for the Presbyterian faith.
The tithable list for Loudoun County for 1771 [Virginia Genealogist, V17:276] lists HENRY and named four of the tithable slaves that he owned, “George, Frank, Harry, and Jude.” Slaves were not all tithable, so he may have owned more slaves than were listed as “tithable” slaves. Only the ones of an age and condition to be considered working labor were taxed. Very old or very young slaves were exempt from tax. There were no other men by the surname Wisheart in the vicinity. At the time of his death, his will mentioned that there were several slaves that were “quite small.”
The 1704 quit rent rolls of Virginia Colony list “William Wishart” who owned 200 acres, and James Wishart, who owned 225 acres, both in Princess Anne County, Virginia. Either of these men might be the father or grandfather of HENRY, whom we can estimate was born about 1735. It is also possible that HENRY is the immigrant ancestor of this line.
Checking the tax records, wills, and court minutes of Loudoun County, we find the will of Demse Carroll which HENRY witnessed. The will was undated, but was probated in 1776. Demse also rented HENRY’s slave, George, who was mentioned in HENRY’s will, so the two men were probably friends, relations or neighbors. The list of Loudoun County tithables of 1771 mentions Demse Carroll, Jr. [Virginia Genealogist, “Loudoun County Tithables, 1771,” CD] HENRY WISHEART is also mentioned on this same list, and noted as having four taxable slaves, Frank, Harry, George, and Jude. Demsey Carrol, Senior, was on Simon Triplett’s List in Cameron Parish in 1771. He listed as polls, besides himself, William Porter Carrol, and three slaves, Jenny, Joan, and Nancy.
Demse Carrol whose will HENRY witnessed, mentioned his wife, Rebecca, and daughters; Frances, Rachel, Mary Ann, Cynthia, and Mary Owens [and her son Thomas Hogen], and sons-in-law, William Smith and Silvester Welch of Fauquier County. The other witnesses were William Turner, Jr., and Mary Porter. He did not mention a son, Demse. There is also no proof that Demse Carroll, Jr., was the son of Demse Carroll, Senior.
The earliest record found by this researcher for land acquisitions in the Fairfax area by HENRY WISHEART was a purchase in March, 1759, of 268 acres brought from Edward Muse for which HENRY paid 30 pounds. [Fairfax Deeds D:618.] The land lay on Johnnymore, Little Rocky Run branches of Occoquan. He obviously owned other Fairfax lands, however, because in April of 1774, he sold 460 acres that was part of a 1728 patent of Richard Britt on Johnnymore Run, adjacent John Waugh to Marmaduke Beckwith for 500 pounds. [Loudoun Deeds K:166.] This land was directly north of Waugh’s 2,800 acre holding, and somewhat north and west of the main SIMPSON stronghold. RICHARD SIMPSON had bought lands near Waugh’s in 1727.
HENRY WISHEART’s will, which was recorded in Fairfax County, Virginia, about 1776, shows that he was fairly well-to-do and was well connected in the community. He mentions that he was “Late of Hurley, in Loudoun County,” so had obviously moved recently to Fairfax. He doesn’t mention his wife, ANNE NEALE, in the will, and most likely, if she were alive he would have done so, though women automatically received a dower in her husband’s property, whether or not she was mentioned in the will. Because HENRY spoke with such obvious tenderness and care of his daughters, one cannot think that such a man would have neglected to mention his wife. Theda Womack did much of the preliminary research on the Wiseheart line. Erick Montgomery also contributed greatly to this research and to the research for ANNE NEALE’s family.
Will of Henry Wisheart
In the name of God, Amen. I, Henry Wishearte, late of Huntly, in the county of Loudoun of Colony of Virginia, being at this present writing in very indifferent state of health, but thanks to god, in sound and perfect tranquillity of mind do declare this to be my last will and testament, annulling and making void all other wills by me heretofore made that is to say Imp. I give and bequeath my soul to Almighty God who gave it in sure and certain hopes of a blessed salvation through the meritorious passion of Jesus Christ my lord as for the worldly estate which hath pleased God to Bless me with, I give and bequeath as foloweth. Item, I give and bequeath unto my youngest daughter Charlotte Wishearte [meaning the first shall be last and the last shall be first] the sum of two hundred pounds current money of Virginia with the following Negro girls; viz. ______ & Lucy to be delivered by my executor hereafter mentioned when married or when she reaches the age of twenty-one. Item. I give and bequeath unto my second daughter Jean Wishearte two hundred pounds current money of Virginia and one young Negro fellow named George which two legacies above mentioned is to be paid in two bonds for Huntly Lands in Loudoun County; one for one hundred fifty pounds 10 March 1776 the other for two hundred fifty pounds March 1777 and due by Marmaduke Beckwith and Thomas Pollard his security both of the County of Fairfax and I further desire that my executor will not suffer the principal of the above girls’ fortune to be infringed upon but that they shall be maintained upon the interest thereof and the hire of the Negro George who is now hired to Demise Carroll of Loudoun county at f12 per annum clear and I further desire that my executor shall allow my daughter Charlotte one half the hire of George may be hired at for the space of two years after my decease for her support, her negroes being but small. Item, I give and bequeath unto my eldest daughter Peggy Wisheart the summ of two hundred pounds current money of Virginia and one Negro wench named Cloy and her further increase to be delivered to her on the day of marriage or when she shall arrive at the age of twenty one years but if my executor should have action to believe that any of my daughters is not capable of doing themselves justice they are either themselves to be or appoint others they may approve of as guardians for them and as my daughter Peggy’s f200 is to arrive from the collection of bonds due upon interest balance of book debts and the amount of household furniture now on hand a horse, mare, colt, still and a cart and will undoubtedly ____ besides discharging what ____ balances I may be due upon open accounts there not being to my knowledge a bond or note of hand of mine out to anyone in earth at this present time where I am detained by a violent spell of sickness that prevents me from viewing my books, but as there may often dispute arise after my decease I shall hereunto annex a schedule of those their can be any disputes made.
Item. It is my will that if any of the above mentioned daughters of mine should die in their noneage or unmarried then her fortune to be equally divided betwict her other two sisters and I expressly stipulate that if any of the three above mentioned sisters should marry clandestinely or without the consent of one of my executors as I appoint them my guardians she so transgresses her whole fortune shall be give to and equally divided between her other two sisters.
Item. Lastly I do hereby constitute and appoint Capt. John Dalton of Alexandria, merchant, Patrick Coutts, James River Merchant and his brother the Rev. William Coutts, rector of Martin Brandon’s Parish Prince George County, executor of this my last will and testament as also guardians of my afore mentioned daughters. In witness wherefore I have hereunto put my name and affixed my seal the 31 day of January in the year of our lord one thousand seven hundred and seventy six.
Signed and sealed in the presence of George Simpson, Benjamin _____, and William Simpson.
At the court held for the County of Fairfax 12 February 1776 this will was presented in Court by John Dalton one of the executors wherein named who made oath thereto and the same being proved by the oaths of George Simpson and William Simpson is admitted to record and the said executor having performed what the law requires a certificate is granted for him obtaining a probate thereof in due form.”
We are not sure about the connection of John Dalton and the other executors and guardians. John Dalton was receiving lands in Fairfax in the 1750s. He was a partner with Colonel John Carlyle in purchasing lands in 1770. As early as 1755, he was the executor, along with William Ramsey, for the will of John Minor. In 1788, a deed mentions lands adjacent to his, so we know he was still alive at that time.
HENRY’s mentioning that if his daughters married without consent of his appointed guardians that they would lose their fortunes was not an unusual stipulation. In Virginia, matrimony was regarded as an indissoluble union, and divorce in the modern-sense did not exist. Social rituals of matrimony reflected this idea of marriage, and Virginians followed the Church of England’s elaborate five-step process of espousal, publication of banns, religious ceremony, marriage feast, and sexual consummation. The Virginian clergy could not marry without the publication of Banns. Clandestine marriages could be punished by imprisonment. Among the landed families, marriage was regarded as a union of property as well as persons. Love was not considered a pre-condition of marriage, but seldom were persons forced to marry against their wills. Parents took an active role in the selection of marriage partners for their children, and it was considered that love would follow the marriage, but if it didn’t, it didn’t necessarily mean the marriage was a failure. In families where there was property, the marriage between cousins, or the children of close friends, was encouraged to “keep it all in the family.”
A woman who was not married, but who was of legal age, was called according to law, a femme sole, and could conduct business for herself, such as buy or sell lands or slaves. A married woman was supposed to be under the direction of her husband, according to the property laws. Because of the right of dower, however, some colonies mandated that a woman had to sign a release of her dower in any land that her husband sold. Many colonies protected the wife by requiring that she be examined “privately” to see that she really agreed to the sale of any property, others did not. However, slaves owned by a woman before or at marriage became part of the husband’s estate, and in some cases, when he pre-deceased his wife, she might only get a dower right to one-third of her own property inherited “free and clear” from her own father before her marriage. [Solomon, Women and the Law of Property in Early America.]
HENRY WISHEART’s estate of several-hundred pounds in bonds and several slaves was a considerable fortune, though not a lavish one. His wife, ANNE NEALE, had inherited a female slave and a slave child from her parents, so some of this estate may have been though her inheritance. Though HENRY and ANNE didn’t leave their daughters very wealthy, they were well-enough fixed to live comfortably for the times. HENRY did not die a poor man by any means. In colonial days where there were no banks, bonds and credit were frequently the ways in which business was conducted. Bonds were often redeemed in tobacco or other products and not cash.
There was no official currency or coin. Gold and silver coins from different countries were used. Tobacco notes were the only “standard” currency. Tobacco was inspected in government warehouses and required to meet certain standards of quality before it was certified and the value assessed, and notes issued.
Spanish pistoles were used, with a value of 17 shillings and 6 cents, Arabian Chequins were valued at 10 shillings. Pieces of eight, if they weighed 16-penny were valued at five shillings, French crowns at five shillings, Peruvian pieces of eight and Dutch Dollars were valued at four shillings. English coins were given their English value.
The hiring, or renting, of a slave to another person was a common practice, and was obviously in use by HENRY. A man who needed labor, but could not invest in the buying of a slave, could get needed labor by renting the slave from the owner. The renter was usually responsible for feeding and housing the slave and providing minimal clothing. The price of slaves varied from year to year and with the age, health, and skill of the slave, as well as the local need for labor. Tobacco cultivation required great amounts of skilled and unskilled labor.
Thomas Pollard, mentioned in HENRY’s will, was a very wealthy and influential man. He lived at that time in Fairfax County, but had business dealings all over Virginia. His sister, Jane, was the widow of the very wealthy [to start with!] spendthrift Nathaniel West Dandridge. Jane, after the death of Nathaniel, who had mortgaged his estates, apparently even though he did not have the right to mortgage them all, drew up a premarital agreement with her brothers, Thomas and William Pollard, to hold her property, slaves, and lands, in trust, both from her new husband and from the British merchants that had been defrauded by her former husband. The prenuptial agreement, to be signed before she married Thomas Underwood, also included the names of her sisters and nieces. Her niece was Elizabeth Johnson, and her sisters were Ann Taylor, Frances Rogers, Elizabeth Meriwether, and Millie [Sarah?] Pendleton, apparently the wife of Edward Pendleton, one of the trustees. [This agreement was found in the papers of the Underwood vs. Underwood lawsuit in Hanover County, Virginia.]
Thomas Pollard and his brother, William, had also witnessed the mortgage that Nathaniel West Dandridge signed giving the trustees, including John Johnson of Hanover, almost complete control over his vast estates. The agreement even listed the amount of food and servants that he was allowed. Dandridge owned 161 slaves. Dorthea Dandridge, his daughter, married Patrick Henry. The trustee, John Johnson, was mentioned in records after the Revolution as having left for England. Apparently he had absconded with some of the money from the sale of some of Dandridge’s slaves who were sold and the money supposed to be applied toward the debts. Some of the Dandridge property was not entailed, but the bulk apparently was.
The American Revolution almost stopped the trade with England and it was difficult for the colonists to sell their produce, or secure goods. Financial matters were difficult for the Americans, many of whom lost everything. After the Revolution, about 1800, the British merchants, who had bad debts against Americans started making some attempts to collect the 30-year-old debts. The merchants principally supplied goods to and bought tobacco from the Tidewater residents. In some cases, the British agents made considerable efforts to track down the debtors. The lists compiled by the agents are very helpful to genealogists today.
In the list of British mercantile debts, HENRY WISHART, from Loudoun County, is listed as a debtor for 9.3.10 3/4 [pounds, shillings, etc.] due November 10, 1776. It states “died about 30 years ago, then solvent, Richard Wheeler, executor.” No mention is made of whether this debt was ever collected from his estate. Drummond Wheeler-3 had a son, Richard Wheeler-4, and he was the successor executor of HENRY WISHEART’s will, due to the family’s connection to the Simpsons. Jean/Jenny Wisheart had first married Moses Simpson, son of GEORGE, and when he died, she married Richard Wheeler-4, the son of SUSANNAH WHEELER SIMPSON’s brother, Drummond Wheeler-3