... We now return to Westmoreland County, Virginia, to take up Daniel McCarty, the second son of Captain Daniel who died in 1724. Capt. Daniel McCarty left all his lands in Westmoreland County to his son Daniel and apparently this Daniel is the only one of the name remaining in this county. He represented Westmoreland County in the Virginia House of Burgesses in 1736, 1738, 1740, 1742, and in 1744 his place was taken by George Lee, Daniel McCarty having died. He appears in many deeds in Westmoreland and adjacent counties. In 1732 he was appointed as one of the executors of the will of Humphrey Pope (the testator calls him cousin Daniel McCarty). In 1735 Daniel McCarty, Gent., of King George County, Virginia, sold to Philip Burgess (?). Also he sold to Samuel Preston in 1736 land devised to him by his father Daniel McCarty. No wife signs these deeds.
The Daniel McCarty of King George County and the Daniel McCarty of Westmoreland County were undoubtedly the same man. Daniel McCarty, Gent., sued Samuel Oldham, one of the inspectors at Yeomico on Oct. 18, 1737. On Nov. 7, 1738, Daniel McCarty, Gent., was restored to his former place as Commissioner of the Peace for Westmoreland County. On Sept. 26, 1739, he was appointed executor of the will of Margaret Jett.
Daniel McCarty married
1. Penelope Higgins, daughter of Christine Higgins, and she died Mch., 26, 1732, in the 19th year of her age.
His will cited below, shows that he married again but the name of his second wife is unknown. Furthermore it is not known whether his only child, a son named Daniel, was the child of his first or second wife. The terms of the will seem to imply that his first wife was the mother of his child.
Daniel McCarty of Westmoreland County, Gent., made will May 16, 1744, proved June 26, 1744. ... He gives his wife (name not given) the use of all his estate until son Daniel is 21 years of age, who is then to inherit the whole estate excepting his dwelling-house and 15 slaves which at her death are to go to son Daniel. He provides that in the event of his son Daniel dying without issue that all his estate is to be divided among the heirs of his brothers Dennis and Billington McCarty. He appoints Col. Presley Thornton, Mr. Joseph Morton, Mr. Augustine Washington, and Mr. Lawrence Butler, Gents., as executors. By codicil he provides for possible unborn child.
Capt. Daniel McCarty is therefore the only son of the Daniel McCarty who died in 1744. On Dec. 6, 1769, he wrote a letter to George Washington, which is included in the latter's published correspondence. In this letter he refers to land devised by his grandfather's will lying in Fairfax County (but at the making of the will lying in Stafford County). He sends Washington a copy of his grandfather's will (clearly that of Capt. Daniel McCarty who died in 1724). He refers in the letter to deeds made by himself and wife to Mr. Chichester and also a deed made by Mr. Chichester and wife to himself. He mentions 6000 acres owned by him in Loudoun County. Refers to his wife's father's will a copy of which he could not send Washington because it was filed in Lancaster County. This Daniel is called Capt. Daniel McCarty of Pope's Creek, and later Col. Daniel McCarty. ...
