I. INTRODUCTION
In Watts Families of the Southern States ,author Charles Brunk Heinemann suggested that Edward Watts of Stafford County, Virginia died ca. 1727. Mr. Heinemann was careful to note that many of relationships and dates in his 1934 book were speculative, stating “the compiler wishes to make it clear that much of the material had to be used by means of deductions which may or may not be correct.”
Many of the difficulties Mr. Heinemann faced derive from the fact that nearly all of the early records of Stafford County, Virginia were destroyed by war or fires. For example, virtually all of the Stafford County Order Books that recording business before the court, and often including transcriptions of lost wills and deeds, are missing. The few that remain before 1740 only cover the years 1664-1668 and 1689-1893
Luckily, the few surviving Stafford Order Books from 1689 to 1693 contain a number of references to Edward Watts and his family. These books have been abstracted and published by Ruth and Sam Sparacio.
One of these Order Book abstracts, from a record dated August 16 1691, refers to “ANNE WATTS wife of EDWARD WATTS late of this county, touching the probate of JACOB HUBBARD's will .” This reference has been cited as proof that Edward Watts had died by 1691, or even by 1690 the year before. Unfortunately, through copying and blind repetition this has become the “consensus view” of armchair internet genealogists.
This original record, however, has been misunderstood and has not been correctly analyzed. In fact, analysis of additional Order Book references and other documentation support the conclusion that Edward Watts did not die in 1690 or 1691, but instead lived for many years more.
II. EDWARD AND ANNE WATTS
First let’s examine one of main the subjects of this misunderstood reference, Anne the wife of Edward Watts. According to a 1730 deposition she provided in neighboring King County County, Virginia, Anne was born about 1667. (source: King George County Deed Book 1A, Antient Press, pp. 120)
And why was 24 year old Anne, the wife of Edward Watts, in court in 1691 on matters related to the probate of Jacob Hubbard’s estate? Because Anne was first married to Jacob Hubbard of Stafford.
In his will, written on February 9, 1688, Jacob Hubbard names Anne as his widow and Sole Executor, with infant sons John Hubbard and Jacob Hubbard “Jr.”. ( source: Sparacio, Virginia County Court Records Deed and Will Book Stafford County Virginia 1686 -1689).
On December 13, 1688 the will was recorded in the Stafford Order Book by “EDWARD WATTS in right of his wife who he married, the executrix” ( source: Ibid)
This record, which is supported by additional documentation, proves that Edward Watts married Anne the widow of Jacob Hubbard between February 9, 1688 ( new style) and December 13, 1688, and probably closer to December 1688, given the traditional mourning period.
In colonial Virginia, a woman lost many of her legal rights in favor of her husband when she married. For example, a married woman could not normally appear in court on her own behalf. However, a remarried widow such as Anne Hubbard Watts often retained the right to appear in court to probate her former husband’s estate. This was particularly true in situations where a) the widow was named the Sole Executor of her deceased husbands estate, and b) there were under-aged children from the first marriage whose interests the court wished to protect, and c) the new husband was unable or unwilling to probate the estate,
As noted above, Jacob Hubbard’s 1688 will does in fact name his wife Anne as his Sole Executor, and also mentions under-aged children. .Furthermore, the few remaining Stafford records do indeed show that Edward Watts of Stafford was either unable or unwilling to post security and probate Jacob Hubbard’s estate. See for example:
“Whereas EDWARD WATTS was sumoned by the sheriff to this Court to bring his security and give bond concerning the estate of JACOB HUBBARD, DEC'D but for as much as EDWARD WATTS did not appeare with the security according to sumons. Therefore it’s ordered that EDWARD WATTS shall be sumoned to the next court to bring security to perform the will of JACOB HUBBARD according to law“ (source: Sparacio, Virginia County Court Records Deed and Will Book Stafford County Virginia 1686 -1689, abstract 788).
III, A MISCONSTRUED REFERENCE
With this context in mind, it is therefore not surprising and indeed perhaps expected that on August 12, 1691:
“Francis Waddington and John Martin came into open court and became security with ANNE WATTS the wife of EDWARD WATTS, late of this county touching the probate of JACOB HUBBARD’s will late of this county deceased to deal with the estate according as the law directs and then did enter into bond accordingly.” (Source: Sparacio, Virginia County Court Records Deed and Will Book Stafford County Virginia, 1691-1692)
This is the main reference that has been misunderstood and mistakenly circulated as “proof“ on the internet and in print. Several points:
1) Anne Watts is coming into court to further the probate of her first husband Jacob Hubbard’s estate, NOT Edward Watts’s estate. Many people have misunderstood this fact.
2) During this period, the legal phrase “Edward Watts, late of this county“ did NOT mean the late Edward Watts, or Edward Watts, deceased. Instead, “late of this county“, standing alone, meant that the individual was not currently in the county, either temporarily or sometimes permanently. If Edward Watts were deceased, the entry should have read “Edward Watts, late of this county, dec’d,“ or simply “Edward Watts, dec’d.”
3) This distinction is illustrated within the very same sentence, as the deceased Jacob Hubbard is described as Jacob Hubbard “late of this county, dec’d”, while Edward Watts is only described as “late of this county”
4) Finally, Anne Watts is described as “wife of Edward Watts. “ Had Edward been deceased, Anne would have almost certainly been described as “Anne Watts, relict of Edward Watts,“ or “Anne Watts widow of Edward Watts.”
These may all sound like trivial points, but as they were in legal documents, each word did have a specific meaning.
On April 6, 1693, again in the Stafford County Court, we have the following:
“ANNE WATTS complains against DAVID EVANS of this county in a plea of debt… Wherefore ‘tis considered by the Court that DAVID EVANS shall make present payment of said sum… of tobacco to ANNE WATTS with costs.“ (source: Sparacio, Virginia County Court Records Deed and Will Book Stafford County Virginia 1692-1693, p. 91)
This reference is also often cited to support the theory that Edward Watts of Stafford was deceased at this time, and that Anne Watts was in court suing by herself because she was his widow. However, during this very same trial, “ the defendants attorney objects stating that Anne Watt‘s husband is still alive and she is not suing on his behalf.“
The statement that Anne Watts’ husband was alive in 1693 would obviously contradict the theory that Edward Watts had died by August 1691, two years earlier. This reference and it’s contradictions are either ignored by most researchers, or rationalized by claiming that Anne Watts had already married her third husband, Daniel McPherson, and that the defense attorney’s objection referred to him.
Once again, the specific language used in this legal document is important. Had Anne been married to Daniel McPherson at this time, she would have almost certainly been referred to as Anne McPherson, and not Anne Watts. In addition, there are no records of Daniel McPherson in Stafford during this period, and the first references to him begin almost 30 years later. While not certain, he may be the same Daniel McPherson, Jacobite rebel who was transported from Scotland into nearby Maryland in 1716, 25 years after the reference.
The much more likely reason for the objection was that Anne Watts was in the Stafford Court, suing David Evans, probably in connection to the settlement of Jacob Hubbard’s estate as discussed above. As there were restrictions on a married woman’s right to appear in court even as a remarried widow, the attorney’s objection makes more sense.
Finally, researchers note the fact that Edward Watts appears to have disappeared from the records after 1691 in further support of the argument that he was deceased by that year.
Of course the major reason for this is that virtually all Stafford County records from late 1693 until about 1740 are missing and probably destroyed. It’s not that the records exist and Edward Watts of Stafford doesn’t appear in them, but rather the Stafford records themselves are lost. It should also be noted that while records remain from 1691, when Edward supposedly died, until 1693 two years later, he never once appears as Edward Watts, deceased, and Anne never once appears as the widow or relict of an Edward Watts.
IV. POST 1693 RECORDS
Even with the catastrophic record loss discussed above, several important documents remain which almost certainly refer to this same Edward Watts living into the early 1700’s.
For example, a listing of the members of several Stafford county militia companies for the year 1701 has been preserved in Richmond, Virginia. One of these militia rolls contains the following list:
"1700/01 Stafford Troop of Horse of Capt. George Anderson: Giles Travis (Giles Travers) , Lt.; Alexander Waugh, Cornet; Thomas Gage, Q.M.; Thomas Brook, Corp.; William Habeard, Corp.; John Simons, Corp.; Nicholas Brent; William Brent; John Waugh, Jr.; Thomas Gregg; Row: Travis (Raleigh Travers) ; Thomas James; Edward Mountjoye; John Mountjoye; Thomas Elsey; Bryan Foley; Garret Banks; Richard Rosser; John Rowley; Peter Beach; Matthew Keen; James Sutler; Augustine Kneaton; James Mann; William Waller; Joseph Waugh; EDWARD WATTS, John Gerery (John Gowry) ; Lawrence Southward; William Matheney; Richard Martin; Francis Wadington; William Allen; Joseph Sumner; Thomas Payton; William Burton."
(source Lloyd Bockstruck, Virginia's Colonial Soldiers, )
This small company is clearly made up of Edward Watts and Anne (Martin) Hubbard Watts McPherson‘s most immediate neighbors and relatives. Right in the middle of the list of this small interconnected group is Edward Watts. In fact, he is even listed directly between John Gowry and Joseph Waugh, both of whom are shown in various other deed and wills to be the Edward Watts' literal next-door neighbors.
This Edward Watts, a mounted militia soldier in 1701, could not have been Edward Watts Jr., . Edward Watts of Stafford’s son. Edward Jr. is described as “my loving son“ in in Anne (Martin) Hubbard Watts McPherson‘s will. (source: Anne McPherson will, written 5 Jan 1742, probated: 9 Mar 1742, Stafford Co., VA Book M, pp 314-315)
Based upon the marriage date of Edward Watts of Stafford and Anne, their son Edward Watts, Jr. could not have been born before 1689/90. He would therefore have been far too young to be a mounted militiaman in the year 1701. Unless there was another Edward Watts living in the exact same spot that Edward Watts of Stafford lived, this is further proof that Edward Watts of Stafford did not die in 1691.
In addition, by November 1709:
"Edward WATTS of Stafford County, Virginia, acquired 1 acre of land on the south side of Clayburn's run, Richmond Co., VA, from CHARLES and ALICE COLE, Watts to build mill and grind corn for Cole. " (source: Richmond County Virginia. Deed Book 5, p. 151)
This record establishes that Edward Watts of Stanford was buying property in next-door Richmond County Virginia by 1709. He was in charge of constructing and operating a mill on that land for his close relations Alice and Charles Cale.
This reference is often ascribed to Edward Watts, Jr. the son of Edward Of Stafford and Anne. This cannot be correct.
Since Edward Watts, Jr. was born around 1690 or later, he would have been 19 or younger at the time of the 1709 purchase. However, under Virginia law during this period individuals under the age of 21 were NOT allowed to purchase property.
Therefore, again unless there is another Edward Watts of Stafford at this time, this is still further primary source documentation showing that Edward Watts did not die in 1791, but continued to live in Stafford for at least another 20 years.
V. RAMIFICATIONS
The above discussion is based upon primary source documentation, not by repeating sourceless familty trees from ancestry, family tree maker or wiki and then claiming them as sources.
It is important for several reasons, beyond just correcting the widely misunderstood year of death.
For example, proving that Edward Watts of Stafford was a militia soldier in 1701 and was still living in 1710 make it virtually impossible that this man was the the Edward Watts who was christened October 16 1620 in Somerset England, the son of Cornelius Watts, as is so often claimed.
The maximum age for the Virginia militia at this time was 60, and Edward Watts son of Cornelius would have been 81 in 1701. He would have married a woman nearly 50 years his junior, and still be building mills at age 90. I realize the “Cornelius connection” is printed in a number of books, and reproduced as dogma on hundreds of places on the Internet, but it is simply not true.
In addition, showing that Edward Watts of Stafford lived many years past 1691 is also important to sort out his descendants.
In her 1741 will, Anne (Martin) Hubbard Watts McPherson lists three of her Watts sons, the aforementioned Edward Watts, Jr, Thomas Watts, and Francis Watts. It is unclear whether her daughter Margaret who married George Jones was also a Watts. (source: Anne McPherson will, written 5 Jan 1742, probated: 9 Mar 1742, Stafford Co., VA Book M, pp 314-315)
In any event, if Edward Watts had died by 1690 or 1691, as so many incorrectly claim, his marriage would have lasted less than three years at most. While theoretically possible through twins and posthumous births, it would have been extremely unlikely that the couple had three Watts sons and possibly a Watts daughter in this very short period of time.
Furthermore, there are several other Watts men who are clearly very closely connected with the Edward Watts of Stafford family, and who would have been the right age to be his sons via a much longer marriage .
For example there is Joseph Watts, who died in Stafford by 1726 but who was listed in the household of Daniel McPherson, Anne’s third husband, in 1724. (source: List of Tobacco Tenders from the South Side of Potomack [Creek] to Ye Lower End of Overwharton Parish [Stafford County) 1724).
And there is a David Watts, who appears to been born in the very early 1700';s and through naming patterns, family associations, intermarriages and migrations etc is obviously somehow part of this family.
Knowing that Edward Watts lived for so many more years, makes it much more likely, although not yet proven, that he is also the father of Joseph and David .
- Michael Wingfield Walker
