Barnaby McKinnie

 

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Barnabie McKinnie
  see FAMILY TREE
Born: Abt. 1673 Isle of Wight, VA

   
Married: 1st    Mary Unknown Abt. 1700 Isle of Wight, VA
              2nd   Mary Exum Bef. 28 Sep 1719 Isle of Wight, VA
   
     
Died: Aft. 3 Dec 1739 Edgecombe Co., NC    

FATHER

Michael Mackquinney

MOTHER

Elizabeth

WIVES

Mary Unknown
        d. Between 22 Jul 1717 and 15 Sep 1719

Mary Exum

CHILDREN with Mary Unknown

1. Mary Jane McKinnie
    b. Abt. 1702
    m. John Brown before 1720

2. Mourning McKinnie
    b. Abt. 1704
    m. John Pope Abt. 1722
    d. 13 Oct 1754

3. Barnaby McKinnie
    b. Abt. 1706
    father gave him land May 1723
    FHL film 18245 image 62
    will written 13 Oct 1736
    will proved Nov 1736
    will of Barnaby McKinnie, Jr. mentions Barnaby, son of Joseph Lane, Barnaby, son of William McKinnie and brother William McKinnie

4. Patience McKinnie
    b. Abt. 1707
    m. Bef. 9 May 1725 Joseph Lane
    d. 12 Aug 1755

5. John McKinnie
    b. Abt. 1708
    father gave him land 6 Feb 1724
    FHL film 18245 image 407
   d. 1753

6. William McKinnie
    b. Abt. 1709
    deceased in codicil to father's will of 3 Dec 1739

7. Robert McKinnie
    b. Abt. 1713
   deed written 1 Sep 1751 Robert McKinnie to Richard Mckinnie,  naming his father
   d. 1762

8. Christian McKinnie
    b. Abt. 1715
    m. William Broad Hurst
    named in father's will
    d. 1761
  
9. Richard McKinnie
    b. Abt. 1716
    named in father's will
    will written 10 Aug 1751 naming brother Robert, nephew Barnaby McKinnie and wife Mary
    d. 1755

Barnabie McKinnie
by Chase Brooke
Jan 2022

Barnabie McKinnie was the youngest of two sons named in the will of their father, Michael McKinnie. John was the eldest son.  The will also named Elizabeth as Michael's wife.  Barnabie was under age in 1686 when his father wrote his will, so Barnabie was born about 1673. (1) He married Mary, of no known last name, about 1700.  In 1701 "Barnaby Mackquiny" and Mary his wife were selling land that he had inherited from his father to Richard Exum. (2) This was not Mary Exum since she had married Jacob Ricks in 1699. (3) Barnabie McKinnie inherited 100 acres but he became a really major landholder when he started to transport immigrants to Virginia and was rewarded with major land grants. The first land grant for 308 acres was awarded in 1702. (4) In 1714 he got four more land grants amounting to 5,140 acres (5)  Now he was a major landholder in the Isle of Wight. By 1716 he had sold 100 acres from the land that he was granted in 1702. (6) Eventually there were 55 deeds ranging from 1716 to 1723 showing that he had sold most of the lands which had been granted to him. At least ten of these deeds were filed in a Isle of Wight court on March 25, 1717 and a final one on July 22, 1717 stating that Mary his wife was in agreement. (7) (8)  Nothing is known about first wife Mary after this date until Barnaby married Mary Exum ( Ricks ) ( Murfrey ) in 1719. (9)  This showed that first wife Mary had died by then.  By 1723 he had moved to Windsor, Bertie County, North Carolina as shown in this deed where Barnaby Mckinnie Sr. gave land to his son Barnaby McKinnie Jr. (10)

By 28 Sep 1719, it was confirmed that Mary Murfrey was Mary Exum, heiress to her part of her brother Richard Exum's lands and the wife of Barnaby McKinnie.  She and Barnaby were the administrators of the estate of William Murfrey. (11) (12)  Mary's identity as an Exum was confirmed by the will of her father, Jeremiah Exum, where she was referred to as his daughter (13) and the will of her mother, Ann Exum, were she appeared as her daughter, Mary McKinnie. (14)  As mentioned before, Mary Exum had married Jacob Ricks in Isle of Wight on 14 10th month 1699. (3) According to the will of Isaac Rickes Sr.,, father of Jacob Rickes, she bore two children, Isaac and Martha. (15) By 1704 Jacob Ricks had died and left Mary Ricks a  widow. (16) Nothing is known as to whether she married someone else before she married William Murfrey or even the date when she married him.

Barnaby supposedly had 10 children. The attached article from The William and Mary College Quarterly listed them from oldest to youngest : Barnaby Jr., William, John, Richard, Robert, Ann, Mourning, Patience, Christian, and Mary Jane. (17) With the exception of Anne, it can be proven that Colonel Barnaby McKinnie was their father. The fact that Col. Barnaby McKinnie was the father of John, Richard, Mourning, Patience and Christian was confirmed by litigation over lands he had left them in his will written August 13, 1737. (18) The parentage of Barnaby McKinnie Jr. was confirmed by a deed dated May 11, 1723, (10)  of John McKinnie by a deed dated February 26, 1725,  (19) of William McKinnie by a codicil added in 1739 to Barnaby's will, (20) and of Robert McKinnie in a deed written September 21, 1751, (21) Mary Jane Brown was the daughter of Barnaby McKinnie in the trial of John Brown for committing adultery held on July 28, 1720. (22) (23)  Anne is the only child where there was no conclusive evidence that her father was Barnaby McKinnie. In Anne Exum's 1727 will (14) she was listed as Anne Murfrey making it likely that she was Mary Exum's daughter by William Murfrey and perhaps only a step-daughter of Barnaby McKinnie.

The same William and Mary Quarterly article also said that Mary Exum was the mother of all ten children. The claim that all of the 10 children had Mary Exum as a mother can't be. Remembering that Barnaby had married Mary Exum in 1719 most of the children would have been far too young to have the following happen to them if Mary Exum had been their mother : Barnaby McKinnie Jr. was a grown man when he received land from his father in 1723. (10)  This was also the case for John when he got land in 1724. (24)  William had two grown children when he died in 1739. (20)  Patience Mckinnie sold land with her husband Joseph Lane in 1728. (25) Mary Jane Mckinnie sold land with her husband John Brown in 1726, (23)  and Mourning McKinnie sold land with her husband John Pope in 1729. (26)  Richard received a great deal of land in Aug 1737.  Assuming he was of age, (i.e. 21) he was born about 1716. (18) Robert McKinnie sold land to his brother Richard McKinnie in 1751.  This land had been granted to Robert by his father in his will of 1737.  This suggested that Robert was of age in 1737. (21)  Christian was not married at the time of the will in Aug 1737.  However, her daughter, Mary Hurst, was probably of age in 1761 when she was contesting the ownership of land left to her mother. (18) Thus Mary was born by 1740. Since she was the only child Christian and William Hurst, her parents probably married about 1739.  Assuming that Christian was 20 when she married, she would have been born in 1719.  As shown above Anne Murfrey is the only one of the children listed who very likely was Mary Exum's daughter.

In a 1722 deed Barnabie McKinnie left land to his son-in-law, Isaac Rickes. (27) The 1748 will of an Isaac Rickes  mentions his wife, Sarah. (28) The inference is that Barnabie McKinnie had a daughter named. Sarah.  Although impossible to prove, we did not believe that this is so.  Barnabie McKinnie was the step-father of Isaac and Martha Rickes, the two children of Jacob Rickes and  Barnabie's wife, Mary Exum. (15) We believe that the son-in-law mentioned in the 1722 deed was in fact Mary Exum's son, Isaac Rickes, and therefore could not be a son-in-law of Barnabie McKinney, but rather a step-son.  Furthermore, the Isaac Ricks that wrote the will of 1748 could have been the Isaac Ricks, brother to Jacob Ricks and son of Isaac and Katherine Ricks, who was recorded in the Quaker records as born 17 Aug 1689. (29)

On another note, the will of Barnaby McKinnie Jr is often taken as the will of his father Barnaby McKinnie. THIS IS WRONG. The will of Barnaby McKinnie Jr was written on October 13,1736. (30)  and mentioned BROTHERS William, John and Robert.  Barnaby Mckinnie Sr wrote his will on August 13, 1737 and mentioned SONS William, Richard, John and Robert. (18) He died sometime after 3 Dec 1739 when he wrote his codicil recognizing his son William.  (20)

Sources

Will of Michael Mackquinney
(1) Wills of the Isle of Wight, Virginia
FHL film 32022 image 24
In the name of God Amen this 15th day of April in the year of our Lord, 1686 according to the computation of the Church of England, I Michael Mackquinney of the Western Branch within the County of Isle of Wight planter being of perfect sense and memory praysed be God do, make and ordain this my last Will and Testament in manner and form following viz:
First I bequeath my soul into the hands of Almighty God my maker, hoping that I through the meritorious death and passion of Jesus Christ my only Savior and Redeemer receive free pardon and forgiveness of all my sins and as for my body to be buried in Christian Burial at the discretion of my Executrix hereafter nominated.
Item. I give and bequeath unto my wife Elizabeth Mackquinney my plantation that I now live upon during her life and after her decease unto my young Son Barnaby Mackquinney. Running upon the South east of the Spring Branch belonging to my manor house to Cart path to the white oak lying by said path.
Item. I give unto my eldest son John Mackquinney all the rest of my land upon the north west side of the forest spring branch, always provided that he the aforesaid John doth settle and seat upon it, otherwise to redound
to his Mother my wife Elizabeth Mackquinney and she dispose of the land as she shall think fit notwithstanding anything to the contrary.
Item. I give unto my Son Barnaby Mackquinney one feather bed.
Item. I do hereby constitute and ordain my wife Elizabeth Mackquinney to be my whole and sole Executrix of all the whole rest of my whole estate both moveable and immoveable by this my last Will and Testament, revoking all other wills and testaments whatsoever in witness whereof I have hereunto set my hand and Seal the day and year above written.

Michael Mackquinney (Seal)

Witnesses: Robert Cooper, Mary Donel, Jerimiah Exum, John Moore.

Proved in open court held for the Isle of Wight County August 9th, 1686 by the oath of Robert Cooper, Jerimiah Exum and John Moore to be the Will of Michael Mackquinney. John Pitt- C.O.C.
(2) Isle of Wight Deed  Vol 1 page 40
FHL film 32001 image 196
9 Mar 1701 Barnaby Mackquiny and Mary his wife to Richard Exum (brother of 2nd wife), land Barnabie had inherited from his father.
 

(3) On 14th day of 10th month 1699 Mary Exum married to Jacob Ricks
Virginia Quaker Meetings, Chuckatuck Monthly Meetings
FHL film 850091 image 972

(4) Land grant to Barnabie McKinnie of 308 acres on 28 Oct 1702
 Virginia Land Grants, Patent 9, page 472

(5) Land grants of 1714
Virginia Land Grants, Patent 10,. pages 130, 147, 201, 222, 223

(6) 1716 sold 100 acres he received in 1702
Deeds of the Isle of Wight, Virginia
FHL film 32002 image 54-55

(7) Isle of Wight Deeds, Cross Index
Barnaby and wife selling land
25 Mar 1717
FHL 32000  image 184

(8) Isle of Wight Deeds
FHL 32002 pages 57-100 images 47-69
22 Jul 1717

(9) marriage to Mary Exum
Barnaby Mackinnie and Mrs. Mary Murfrey, relict of William Murfrey
Isle of Wight County Marriages 1628-1800, Edited and Compiled Blanche Adams Chapman, 1931
FHL 962246 image 155

(10)  North Carolina State Deeds, Bertie County
FHL film 18245 image 62  May Court 1723 names son Barnaby McKinney, Jr

(11) administrators of the estate of William Murfrey
Isle of Wight, Virginia Deeds and Wills Vol. 2 page 291
28 Sep 1719
FHL 32002 image 160-161
Come Sarah Laurance, Mary Mckinne, Elizabeth Exum, Jane Outland, Mourning Scott, Christian Nasworthy, and Catherine Scott, being coheirs to Richard Exum.  ---   Barnaby Mackinne and Mary my wife.   --  We have made an equal division of our brother's land.

(12) administrator of estate of William Murfrey
Isle of Wight, Wills and Inventories page 19
FHL 32002 image 399
Estate of William Murfrey, 2/3rds paid to Rickeses orphans, to the widow's 3rd part, Barnabe Mackinne and Mary Mackiinie administrator, Feb. 22, 1719/20.

(13) Isle of Wight Wills
FHL 32002 image 401
written Sep 3, 1712
probated March 28, 1720
Will of Jeremiah Exum, daughter Mary

(14) Isle of Wight Wills Vol. 3 page 20
FHL 32022 image 414
will of Ann Exum names daughter Mary Mackinny

(15) Mary mother of Isaac and Martha
Isle of Wight Deeds and Wills Vol. 2, page 158
FHL 32002 image 470
Will of Isaac Ricks, father of Jacob Ricks, deceased husband of Mary
"I give to my two grandchildren, Isaac and Martha, the children of my son Jacob Rickes, deceased, each of them one shilling."

(16)  Virginia Quaker Meetings, Chuckatuck Monthly Meetings
FHL film 850091 image 978
Virginia Quaker Meeting
7th month 14 day of 1704, the differences between Jeremiah Exum and Isaac Rickes, Sr. is finally ended. 2000 lbs. of tobacco paid to the widow, namely Mary Rickes, the widow of Jacob Rickes, deceased.

(17)  Genealogies of Virginia Families from the William and Mary College Quarterly, Vol. 2 of Cobb-Hay

(18) Colonial Records of North Carolina, Vol. 25 pages 465-467

Litigation over estate of Barnaby McKinney in 1761

Naming children: Richard McKinney, John McKinney, Patience Lane, Mourning Pope and Christian Hurst

CHAPTER XV.
An Act to dock the entail of certain lands therein mentioned, vesting the fee simple thereof in Blake Baker, and for settling other lands, in lieu thereof to the same uses.

I. Whereas, Col. Barnaby McKinney, late of this province, deceased, being in his life time, seized in his demesne, as of fee of and into, certain tracts of land lying and being in Halifax county (formerly Edgecomb), and being so seized, the said Barnaby McKinney did, by his last Will and testament, in writing, bearing date the thirteenth day of August in the year of our Lord one thousand seven hundred and thirty seven, devised to his son Richard M'Kinney, in fee tail (together with other lands), that tract of land, whereon the said Barnaby M'Kinney then lived; bounded as followeth: Beginning at the upper end of the Cypress Gut on Morattuck River, at a place called the old Milldam, thence by the windings of the said Gut, to the great ditch; thence along the said ditch to the corner thereof at the road; and thence by the courses of the Cypress Gut to where William Brown's head line crosses the same; then by Brown's headline to his corner near the head of Merry branch; then by Brown's lower line, to a Maple on Morattock river: as also, Two hundred acres of land, purchased of Col. William Maule, adjoining William Brown's lower line; and all the remainder of the said Barnaby M'Kinney's lands on the south side of Morattock river, not before devised; and if the said son Richard should die without lawful heir or issue, then the plantation whereon the said Barnaby M'Kinney then lived, with three hundred acres of land adjoining should descend to his son John M'Kinney in fee-tail; and all other the lands before devised to the said Richard M'Kinney, should go to the two daughters of the said Barnaby M'Kinney, to-wit: Patience Lane an Mourning Pope, and the heirs of their two bodies lawfully begotten, and to their heirs forever, equally to be divided between them, and soon after died; and the said Richard M'Kinney, after the death of the said testator, in consequence of the said devise, became seized and posessed of the lands aforesaid, and so died seized thereof without lawful issue; by means whereof John Lane, and Henry Pope, the lawful heirs of Patience Lane and Mourning Pope, became seized as heirs at law to the said Patience and Mourning of the lands in the aforesaid device mentioned; except the plantation, and three hundred acres of land limited as aforesaid to the said John M'Kinney. And the said John Lane, Heir at Law to the said Patience Lane, who, by the will of the said testator, in default of lawful issue of the said Richard M'Kinney, was intituled to one half of the said lands so limited to the said Patience and Mourning, entered, and was seized, and possessed thereof; and apprehending that he had a fee simple estate therein, agreed to sell the same to Col. Joseph Lane, for the consideration of Four Hundred Pounds, and executed a lease and release to the said Col. Joseph Lane, for his part or share of the lands so limited to the said Patience and Mourning; and the said Joseph Lane apprehending that he had (after the conveyance by the said John Lane executed) an absolute estate, in fee simple, to the said lands so conveyed by the said John Lane, agreed to sell the same to Blake Baker, for the consideration of five hundred pounds, and executed deeds of conveyance for the same to the said Blake Baker. And also, whereas, the said John Lane is seized, in fee-simple, of, and into, one certain tract or parcel of land, containing by estimation, six hundred and eighty three acres, lying and being in the parish of Edgecomb, in the County of Halifax, lately purchased by him of Joseph Lane

by deed of Feossment; and also, whereas, it will be greatly to the advantage of the eldest son of the said John Lane, to dock the entail of the said lands so limited to the said Patience, his mother, whereby the said John may be enabled to provide for his younger children, and to settle the other parcel of land purchased of Joseph Lane as aforesaid, whereof he is seized in fee-simple, to the same uses; and forasmuch as notice has been published three Sundays successively in the several churches and chapels in the said parish of Edgecomb, in the county of Halifax, that application would be made to this present General Assembly, to dock the intail of the said dividend of land so limited to the said Patience, upon settling the other lands to the same uses, pursuant to your Majesty's instructions:

II. May it therefore please your most Excellent Majesty, at the humble suit of the said John Lane, and the said Blake Baker that it may be enacted, and be it Enacted, by the Governor, Council, and Assembly, and by the authority of the same, that the said land so limited, as aforesaid to the said Patience Lane, so as aforesaid agreed to be sold to the said Joseph Lane and by him to the said Blake Baker, be, and are hereby vested in the said Blake Baker, his heirs and assigns, in fee-simple, to the only proper use and behoof of the said Blake Baker, his heirs and assigns forever. And that the other parcel of land herein before mentioned to be purchased by the said John Lane, lying and being in the county of Halifax, be, and is hereby vested in the said John Lane, in the same manner as by the said will directed for the other lands so limited to the said Patience; and the same shall remain, go, and descend, to all and every such person and persons, and for such estate or estates and in such manner and form, as the said lands so limited to the said Patience would have remained, gone and descended, by virtue of any limitations in the will of the said Barnaby M'Kinney before mentioned, as if this act had never been made; saving to the King's most excellent Majesty, his heirs and successors, and to all and every person and persons, bodies politick and corporate, their respective heirs and successors, other than the persons claiming under the will aforesaid of the said Barnaby M'Kinney, all such right, title, interest, claim, and demand, as they every or any of them should or might claim if this Act had never been made.

III. And also, whereas, the said Barnaby M'Kinney, by his last will and testament as aforesaid, devised to his daughter Christian M'Kinney, and the heirs of her body lawfully begotten, and their heirs forever, three hundred and twenty acres of land more or less, being the plantation leased to Dr. James Thompson, known by the name of Walnut Fork, and two hundred and fifty acres more or less; including the plantation where James Denson lived; and all the lands between the Cypress Gut and Isaac Reck's line, and the Black pond; and the said Christian intermarried with William Hurst, late of Halifax county, by whom she had issue, Mary, her only child and heir; and sometime after the death of the said Barnaby M'Kinney the said Christian departed this life, leaving issue the said Mary, who is entitled to the aforesaid two tracts or parcels of land so devised to the said Christian her mother; and apprehending that the said land had a fee-simple estate therein, and in order to purchase other land and slaves of greater value than the aforesaid two tracts of land to advance her fortune and interest, agreed to sell the same to Blake Baker, for the consideration of five hundred pounds. and whereas, the said Mary is seized in fee-simple of and into one tract of land, containing by estimation, two hundred and seventy-five acres, lying and being in the county of Halifax, conveyed to William Hurst, father of the said Mary, by Benjamin Sherrod and Patience his wife, and by deed of gift, conveyed to the said Mary by the said William Hurst, her father;

(19) North Carolina State Deeds, Bertie County
FHL film 18245 image 407 6 Feb 1724/5 names son John McKinney

(20) Halifax County Deeds
FHL film 317042 image 172
3 Dec 1739
Codicil to the will of Col. Barnabie McKinney
Son William McKinnie had died leaving two grown children, Barnaby McKinnie  and Mourning McKinnie

(21) Halifax County Deeds
FHL film 317043 image 457
21 Sep 1751
Robert McKinnie sold land to his brother Richard McKinnie    

(22) Bertie County NC Deed BK B page 144
FHL film 18246 image 146
Deed dated 9 May 1726  "john Brown and Mary his wife."
proof that the woman married to John Brown and daughter of Barnaby Mackennie was Mary Jane McKinnie

(23) Colonial Records of North Carolina  Vol II, pages 704-711
Minutes of the General Court of North Carolina July 28, 1727 - Aug 2, 1727
"A presentment against John Brown for having left his Wife the daughter of Barnaby Mackennie and cohabits with another which he acknowledges to be his lawful Wife both of the Sayd Women within this Government."

(24)  Bertie County NC Deed BK A page 400 
FHL film 18245 image 407
father gave his son John Mackinnie" land 6 Feb 1724

(25) Bertie County, North Carolina, Deed Book B page 145
FHL 18246 image 147
09 May 1725 from Joseph Lane to Robert House of Bertie County, North Carolina; 50 acres for 2 pounds., on east side of Hunting Quarter Swamp, along the line between Joseph Lane, Sr. and Joseph Lane, Jr.; signed by Joseph Lane who mentioned his wife, Patience Lane

(26)  Bertie County, North Carolina, Deed Book C page 136
FHL 18247  image 144
John Pope and Mourning his wife selling land 5 Aug 1729
Compendium of American Genealogy Volume 3 page 346 says Mourning McKinnie married John Pope about 1722

(27)Chowan County, NC Deed BK C # 1 page 271
FHL film 7538409 image 258 

(28)  Abstracts of Wills of Edgecombe County, North Carolina by David Bryant Gammon page 69
"Isaac Ricks  1 March 1748  Oct Ct 1748 Secy. of State
...being sick of body..."
To my wife and to my son Abraham Ricks - the use of my manor plantation during my wife's lifetime, and they are  to live together.  Wife Sarah Ricks - Negroes Frank, Jude ad Hannah, bed, etc.  Son Abraham - Negroes Mingo and Lisbond, bed, pewter, etc.  Daughter Mary Pop (sic) - Negroes Bess (now in her possession ) and Cary.  Daughter Martha Ricks - Negroes Nance, Paden and Ramath. Son Rober (sic) Ricks - Negroes Jack and Laban, also 400 acres of land on the south side of Connoconary Swamp which did belong to Robert Sims. Son John Ricks - 80 pounds and Negroes Bess and Harcoles.  Remaining estate to be used as my family sees git.
Ex.  None
Wit. John Crowell, Richard (R) Richards
Written on this will is the notation that letters were issued May 16, 1749
ORIGINAL WILL
North Carolina Wills and Court Records 1679-1775
FHL 18057 image 574

(29) US Encyclopedia of American Genealogy Vol VI

(30) will of Barnabee McKinnien Jr.
written 13 Oct 1736
Abstracts of North Carolina Wills in the Office of the Secretary of State by Bryan Grimes, Secretary of State
FHL 481061 image 253

 

 

 

 

 

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