Tag: Deborah Greenhawk

Joseph (The Fifer) Willis: Nevertheless, He Persisted

I was minding my own business in early December, thinking only about the upcoming holiday season, when a nephew asked a genealogical question. He is a retired Air Force lieutenant colonel and is particularly interested in relatives’ military records. That led him to establish that Richard Willis of Caroline County, Maryland served in the Maryland Militia during the Revolutionary War. Richard was my great-great-great grandfather and the nephew’s 4th great. He enrolled us in the Sons of the Revolution based on “Rev War Richard’s” service .

The nephew then moved on to the War of 1812. He found a Joseph Willis who enlisted in Caroline County as a fifer in a Maryland Militia company commanded by Captain Peter Willis. In 1854 or 1855, “Joseph the Fifer” was granted 160 acres of bounty land for his service. He was about 64 years old and lived in Caroline County at the time of the grant.[1]My nephew wondered if Joseph the Fifer was the same man as the Joseph Willis who married Dorcas Willis in Caroline County in 1818.[2] “Caroline County Joseph” appears in census records from 1820 through 1850. The 1850 census shows him born in 1790, about the same year as Joseph the Fifer.[3]

I volunteered to check it out. It sounded like a classic “follow the land” inquiry. With the complete land records of Caroline County online at MDLANDREC.com, I figured I could simply find the sale of the bounty land at some point after 1855.[4] If the land were sold by Caroline County Joseph or one of his heirs, the sale would prove the fifer’s identity.

Not so fast there, Willis!

I began searching the Caroline County deed books between 1812 and 1860, the year Caroline County Joseph died.[5]There was no reference to a 160-acre tract. However, a Joseph Willis acquired more than 180 acres in smaller parcels between 1812 and 1836.[6] The deed records also show that no Joseph Willis sold any land before 1860 – neither the purchased land, nor the 160-acre bounty tract.

Then It Dawned on Me

After hours looking through grantor/grantee indexes and squinting online at faded, handwritten deeds, the big picture suddenly became clear. The lands mentioned in the records were all adjoining parcels, each part of two larger original tracts.[7] The Joseph Willises named in those records were surely the same person. There was clearly only one Joseph Willis in Caroline County during the period. The Joseph who married Dorcas in 1818 was certainly the same Joseph who in 1855 filed for bounty land. Caroline County Joseph was indeed Joseph the Fifer.

Nevertheless, He Persisted

Having identified Joseph, there was no need to search the land records further — except that I was curious, with an admitted touch of obsessiveness. I had not yet found the 160-acre grant. I persisted. Maybe Joseph’s 1859 will would provide clues.  It divided his land among three of his children for their lifetimes, with the land descending to his grandchildren, as follows:

    1. Joseph’s will devised the home farm and plantation to his widowed daughter Sarah Davis and spinster daughter Jane Willis until they married or died. Afterwards, the will gave the property to Sarah’s children and to the children of a third daughter, Susan Turner. Sarah had three children. Susan had six, including two born after Joseph’s death.
    1. The will gave a second parcel of land to Joseph’s son John R. Willis and after his death to his children. John had two children.

The will named the grandchildren alive at the time Joseph made the will.[8] It did not, however, identify the acreage in either of the two parcels. Was the 160-acre grant part of the total? To find out, I went back to the deed indexes looking for any grandchild’s sale of the land. The first to appear was Sarah’s eldest daughter Willomina Lane (Davis) Perry. Willomina and her husband William E. Perry sold a ten-acre tract in 1869 that she inherited from Joseph.[9]Joseph’s daughters Sarah and Susan had a total of nine children, so Willomina’s share  was one-ninth of the total. That proved the first parcel in Joseph’s will, described as the “farm and plantation,” totaled 90 acres. The second parcel in the will was sold in 1873 by the children of Joseph’s son John R. Willis. That deed states outright the tract amounted to 90½ acres.[10]

The two parcels that Joseph willed to his grandchildren thus totaled 180½ acres — a pretty close tally to the land he acquired between 1812 and 1836. Apparently, that was all the land he owned at the time of his death. Although Joseph had been granted another 160 acres for his war service, he evidently never took possession. Regardless, we can be sure that that Caroline County Joseph and Joseph the Fifer were one and the same.

—-

This abbreviated/modified tree indicates the relationship of the key players (shown in bold) in this article. All children are not shown, and the listing does not necessarily depict the children’s birth order.

1 John Willis (abt 1689 – 1764) m.1 Mary LNU

… 2 Richard Willis (1718 – 1763) m. Rebecca Granger

….. 3 Rev War Richard Willis (1759 – 1823) m. Britannia Gowty

…….. 4 Dorcas Willis (abt 1795 – bef 1840) m. Joseph (the Fifer) Willis

….. 3 Robert Willis (abt 1755 – 1789 ) m. Sarah Rumbold

…….. 4 Joseph (the Fifer) Willis (1790 – 1860) m. Dorcas Willis

………. 5 Jane Willis – Never Married

………. 5 Sarah Willis m. William A. Davis

…………… 6 Willomina Jane Davis  m. William E. Perry, Sr.

…………… 6 Sarah C. Davis

…………… 6 Franklin L. Davis m. Arabella R. Perry

………. 5 Susan Willis  m. William Turner

…………… 6 Celia Turner m. FNU Leigh

…………… 6 Sarah Elizabeth Turner m. William Henry Williams

…………… 6 Joseph Willis Turner m. Frances E. “Fanny” Connelly

…………… 6 William Merrill Turner

…………… 6 Susan J. Turner

……………. 6 Martha J. Turner

………. 5 John Rumbold Willis m.1 Celia Sparklin, m.2 Mary Todd

…………… 6 Thomas Foster Willis  m. Catherine LNU

…………… 6 Mary Todd Willis m. Joseph L. Griffith

… 2 Joshua Willis (1720 – 1797) m. 2) Deborah Greenhawk

……. 3 Captain Peter Willis (1777 – 1834) m. Elizabeth Holmes

[1] Maryland Militia in the War of 1812 – Volume 1 (Eastern Shore Counties) pg. 1-116, WILLIS, Joseph/Fifer, company of Capt Peter Willis, Aug 15 – 30(?) 1813. Mustered into service at Collins Cross Roads. Applied for bounty land May 13, 1854, age 64, residing in Lower Election District of Caroline County; wit: Willis Charles and James Stack, residing in Federalsburg. He applied for bounty land June 9, 1855, age 64, residing near New Hope, Caroline County. Received warrant for 160 acres.

(Captain Peter Willis, later a Colonel and a Caroline County Justice, was Rev War Richard’s first cousin. Peter was Joseph’s first cousin once removed. See abbreviated family tree at the end of the article).

[2] “Maryland Marriages, 1666-1970”, FamilySearch, this link  Joseph Willis, 1816.

[3] 1850 US Census, Caroline County, lists Joseph Willis, age 60.

[4] See this link for instructions on using MDLANDREC.com

[5] Caroline County Will Book B:108. Will made in 1859; probate began 1860.

[6] Caroline County Will Book JR Bi:213, Joseph’s mother Sarah Willis devised an undivided interest in 15½ acres of land to Joseph and his brothers Charles and Peter. Joseph subsequently bought his brothers’ interests, Caroline County Deed Books L:233 and M:582. Joseph acquired other adjoining parcels at Deed Books M:346 and M: 348, 58 acres; T:099, 39+ acres; T:100, 65+ acres; and T:102, about 4 acres.At his death, Joseph had inherited or acquired about 182 acres.

[7] Every record referred to tracts called either Hab Nab at a Venture or Littleton’s Friendship.

[8] Caroline County Will Book B:108. The grandchildren alive when he wrote his will were Willomina Lane Davis, Sarah C. Davis, and Franklin Davis, the children of daughter Sarah who married William A Davis; Sarah Elizabeth Turner, Joseph Turner, Celia Turner, and William H. Turner., the children of daughter Susan who married William Turner; and Thomas Foster Willis and Mary Todd Willis, children of son John R. Willis who married 1) Celia Sparklin, 2) Mary Todd, 3) Elizabeth Stevens,  and 4) Mrs. Ellen Moore.

[9] Caroline County Deed Book 33:301. William E. Perry and wife Willie M. [Willomina] sell 10 acres of land in the Third District to Joseph M. Noble for $133, it being all the land she inherited from her grandfather Joseph Willis, adjacent Zachariah Willis, John W. Covey, J. R. Willis.

[10] Caroline County Deed Book 35:428. John R. Willis and wife Elizabeth, Thomas F. Willis and wife Catherine, and Joseph L Griffith and wife Mary Todd sold 90½ acres of land to Peter Cook of Trenton, New Jersey for $700, it being land willed from Joseph Willis to John R. Willis for his lifetime with the remainder to John’s children Thomas F. Willis and Mary Todd Willis. Because John R. Willis had not yet died, he joined in the sale of the land. Presumably, the entire proceeds went to his children.

The Heirs of Joshua Willis Sr. – Proved by Petitions, Patents, Depositions, and Deeds

John Willis bought land on Marshy Creek in 1717 in what became Caroline County, MD. One of his sons Joshua was born about 1720 and died in 1797. Joshua left a 1790 will that has not been located. However, several legal documents … petitions, patents, deeds, and depositions … combine to identify accurately Joshua’s children and provide other details about the family. These records emphasize the need in genealogy to “Follow The Land.”

Joshua acquired during his lifetime several hundred acres of land. He devised all the land he possessed at the time he made his will. Thankfully for us, Joshua did not amend the will to devise the tracts he acquired subsequent to 1790. The tracts not disposed of in the will fell to Joshua’s heirs at law under the law of intestate descent and distribution. This led to petitions, patents, deeds and depositions that identify those heirs. Since the will is lost, those other records relating to two specific tracts of land are the only evidence we have. Luckily, they are all we need.

Willis’s Landing

Joshua acquired land he called Willis’s Landing in two transactions in 1793. On 8 Jan 1793, John Nicolls assigned to Joshua 7½ acres of a 26-acre tract that Nicolls had acquired under a special warrant. Pursuant to a special warrant dated 20 Apr 1793, Joshua surveyed 69 ¾ adjacent acres, and named it Addition to Willis’s Landing. Petitions and subsequent land sales prove that Joshua’s will did not devise these parcels acquired after 1790. Further, his will clearly did not contain a “residuary clause” whereby property not specifically devised or bequeathed would fall to an identified beneficiary. In effect, Joshua’s estate was “intestate” as to this particular land.

Joshua Willis Jr. cited those facts in a petition seeking a patent for the land in the names of the heirs. He showed that his father properly acquired and paid for the tracts and that he died intestate as to those lands, leaving “Elizabeth Everngham, Joshua Willis (your petitioner), Frances Baker, Deborah Lucas, Charles Willis, Peter Willis, Thomas Willis, James Willis, John Willis, Annaretta Fleming, and Mary Willis his only children and heirs at law.” The filing stated that Charles Willis and Thomas Willis had died without issue and that Annaretta also died, leaving Mary Fleming and Robert Fleming her only children and heirs at law. Note that Joshua Sr.’s wife must have predeceased him, otherwise the petition would have named her as an heir.[1]

Joshua Jr. filed this petition on 14 May 1805, and an order issued the same day naming the living heirs. The order called for a patent to be issued to the ten named individuals, with the first eight (the living children of Joshua Sr.) each having an undivided one-ninth interest in the property and Mary Fleming and Robert Fleming to share the remaining ninth.[2]

An earlier deposition also names Joshua’s eleven children and notes that four of the five daughters had married, identifying their husbands:

  • Elizabeth married William Everngham
  • Frances married Charles Baker
  • Deborah married Joshua Lucas
  • Annaretta married Silas Fleming

That deposition also stated that Charles and Thomas Willis had died intestate and without issue, and that Annaretta and Silas Fleming had died leaving children Mary and Robert.[3]

A short aside … Annaretta’s husband made a will dated 1 Feb 1804 naming his brother-in-law Peter Willis executor. This will reveals that Annaretta predeceased Silas because she was not named, as well as the fact that the two Fleming children were minors.[4]

On 17 Jun 1805, the heirs sold Willis’ Landing and recorded the sale in Dorchester County (the tract fell partly in Caroline and partly in Dorchester). The signatories were William Everngham and his wife Elizabeth, Joshua Willis, Frances Baker, Joshua Lucas and his wife Deborah, Peter Willis, and John Willis.[5]

We are missing a few signatories in this list: Frances’ husband Charles Baker; James Willis; the two Fleming children; and Mary Willis. What does this tell us? Likely the following:

  • Frances’s husband Charles Baker must have died before this sale. A husband represented a wife’s interest in legal transactions. Frances would only represent herself if no longer married.
  • James Willis made up for his absence by filing in the Dorchester County Court acknowledging and recording the sale on 9 Dec 1805.[6]
  • Regarding the Fleming minors, we can assume that Peter Willis probably signed on their behalf. I have not found a record of an official guardianship, but the children lived in his household.
  • The mystery is Mary Willis. Where is her signature? I believe that Mary was still a minor at the date of this sale (therefore born after 1784). I find no official guardian appointed, but there is not one for the Fleming children either. The lost will of Joshua Sr. may have designated one of the siblings to be her guardian.

The record related to Willis’s Landing proves the children of Joshua Willis. However, we can learn a bit more by examining the documents surrounding a second tract called Willis’s Luck.

Willis’s Luck

Joshua Sr. acquired 229½ acres he named Willis’s Luck under a special warrant in 1763. He sold 100 acres shortly thereafter, simultaneously buying a small tract named Bank of Pleasure that provided access to Hunting Creek for the larger tract. A 1793 resurvey of his land defined 136½ acres that he called Addition to Willis’s Luck. The resurvey included 25 vacant acres, which turn out to be genealogically significant.

Joshua Sr.’s 1790 will devised Willis’s Luck, Addition to Willis’s Luck, and Bank of Pleasure to his son Charles. Sons Joshua and Peter were contingent beneficiaries and would share the land if Charles died without issue. Several records confirm this provision of the lost will.

  • On 28 Feb 1799, Joshua Jr. sold to Peter Willis 150 acres, part of Bank of Pleasure and part of Addition to Willis’s Luck. The record states this was half the land that fell to them at the death of their brother Charles.[7]
  • On 7 Aug 1804, Joshua Jr. sold to Peter Willis 150 acres, parts of Bank of Pleasure, Willis’s Luck, and Addition to Willis’s Luck. This record recites that the land fell to Joshua by the demise of his brother Charles.[8]

Charles clearly received this land through the will, and when he died without children, Joshua and Peter inherited under the terms of the will. Absent such a contingency provision, the death of Charles would have entitled all his heirs — his siblings — to a share of the land. An 1800 petition confirms those facts but with an interesting twist. The vacant land added through the 1793 resurvey was notcovered by Joshua Sr.’s prior ownership of the tracts. The will could not devise those added acres. Here we go with another petition, since these “intestate” acres descend to Joshua Sr.’s heirs at law.

In 1800, Joshua Willis and Peter Willis petitioned for a patent related to the vacant land. They cited their father’s acquisition and patent history of the tract. They specifically stated their father Joshua made his will in 1790. They stated that the land was devised to their brother Charles and fell to them divided equally should Charles die without issue. Finally, they noted that the vacant land added to the tract in 1793, subsequent to the date of the will, was not covered by the devise of land in that document. The estate was intestate as to that extra 25 acres. They therefore asked that a patent issue for that land in the name of the heirs at law. On 10 Dec 1800, the Chancellor of Maryland ordered the patent issued as requested, which happened on 20 Feb 1801.[9]

Nine years later the heirs sold that small acreage for $87. William Everngam and his wife Elizabeth, Deborah Lucas, Peter Willis, James Willis, John Willis, and Matthew Hardcastle and his wife Mary signed the 25 Jan 1810 deed of sale. The deeds and petition related to Willis’s Luck reveal some details about these people other than just their names:

  • Charles Willis obviously died before the first sale from Joshua Jr. to Peter in February 1799.
  • In the 1810 sale, only six of the nine shares appear to be represented. The three missing shares are as follows:
    • Joshua Willis did not participate in the 1810 sale. Joshua must have died before 1810 and left no issue, or he transferred his interest to one of the other heirs. There is no record of a conveyance from Joshua to an heir or anyone else. Since there is no such record, Joshua must be deceased.
    • Frances Willis Baker did not participate and was likely also dead.
    • The Fleming children did not sign. If alive, they must still be minors and therefore born after 1789. In that case, Peter still represented them.
  • Mary Willis was by then married to Matthew Hardcastle.[10]Her absence as a signatory on the 1805 sale of Willis’s Landing established she was born after 1784. She might have married Hardcastle as early as age 16, which would mean she was born by 1790, when her father wrote his will. I put her likely birth range at 1785-1789.

It would have been nice if Joshua Sr.’s 1790 will survived and had been updated over time to cover all his property. Had that occurred, however, we might not be privy to these additional details about this family. The lesson, as always, is “Follow The Land.

[1]Joshua outlived two wives, Susannah LNU, mother of his first three children, and Deborah Greenhawk whom he married 20 May 1774.

[2]Maryland State Archives Online, Dorchester County Circuit Court, Patented Certificates, MSA_S1196_3662

[3]This deposition by Captain William Haskins states the will was made in 1797. The petition seeking a patent in the name of Joshua’s heirs at law filed in 1800 gives the date as 1790. The earlier date is correct based on the subject matter of the petition, that is, to provide proper title to lands acquired in 1793. If the will were made in 1797, it likely would have devised those lands making the new patent unnecessary.

[4]Keddie, Leslie and Neil, Caroline County, Maryland, Register of Wills, 1800-1806, Liber JR Bi, Transcript& Liber LR C, i,(The Family Tree Bookshop, 2001), 48.

[5]Maryland State Archives online, Dorchester County Land Records, MSA_CE 46-48,(Liber HD No. 23: 181

[6]IdatHD 23:183

[7]Leonard, R. Bernice, Caroline County Maryland Land Records, Volume F, 1797-1799, (St. Michaels, MD: Helen E. Seymour), F:448.

[8]Leonard, Volume I, 1804-1809, I:090.

[9]Maryland State Archives Online, Caroline County Circuit Court, Patented Certificates, MSA_S1192_18.

[10]Marriage records indicate she married in Caroline County on 17 Sep 1806.