Researcher Ann Wilson recently received Y-DNA results for two male Willis cousins that placed her lineage within “The Maryland Group” in the Willis DNA Project. That lineage descends from John Willis, died 1712, who occupied 50 acres called Wantage in Dorchester County, Maryland. We refer to him as Wantage John. Ann’s paper trail, however, leads to Andrew Willis, died 1777, who is not currently tied to Wantage John. This article explores how John and Andrew might be related.
What We Know About Andrew
In 1753, Andrew Willis “of Dorchester County, Planter,” bought a 28-acre tract for £6.10.00 in Dorchester called Friendship, so let’s call him Friendship Andrew.[1] He was therefore a resident of the county at the time of the purchase. He was not a yeoman farmer who tilled the land. A “Planter” had others, sometimes enslaved people, doing the hard work. Frustratingly, Dorchester records do not show Friendship Andrew before 1753, so there is no indication how he qualified as a “Planter.”Friendship Andrew’s first appearance in the record may have been ten years earlier. In 1743, an Andrew Willis posted a bastardy bond in St. Mary’s White Chapel Parish.[2] That parish covered the region of Dorchester County that included the tract called Friendship. After his initial 28-acre purchase, Andrew had his land resurveyed twice to confirm boundaries and add vacant land, resulting in a tract that by 1764 totaled 304 acres called Friendship Regulated.[3]
Friendship Andrew had five sons. He orally directed that should he die without a will, his son Thomas was to divide Friendship Regulated among the five, with 100 acres each to Thomas and Andrew, 70 acres to Ezekiel, and the home plantation to his youngest son Elijah except for a parcel to Joseph.[4] Friendship Andrew died intestate in 1777 or 1778. In Aug 1778, Thomas essentially followed his father’s request and deeded parts of Friendship Regulated to Andrew, Ezekiel, Joseph, and to Isaac Collins.[5] Thomas did not deed any land to Elijah, who must have died before 1778. Likely, Isaac Collins married Elijah’s unnamed daughter, who would be entitled to a share of the land under the Maryland law of intestacy.
Between 1783 and 1786, Joseph, Andrew Jr., and Ezekiel sold all or part of their inherited land.[6] Each was most likely at least 21 years old at that time. Therefore, all were born by 1765. If their father was 25 – 35 years old at that date, he would have been born between 1730 and 1740. Since Friendship Andrew was a “Planter” by 1753, his birth date was probably sooner, maybe in the range of 1720-1730.
What we do not know are Friendship Andrew’s parents. Two groups from which he might directly descend are the family of Wantage John Willis and the Quaker family of Richard and Frances Willis. This article will examine Quaker Richard’s family. I will address Wantage John in a later post.
Quaker Richard married Frances, widow of Richard Dawson, about 1683.[7] Quaker Richard died in 1690 leaving a will that proved their sons Richard Jr. and John and a daughter Frances.[8] Based on the following analysis, it is highly unlikely that Friendship Andrew descended from either son of Quaker Richard.
Friendship Andrew Is Not Descended from Richard Willis Jr.
Richard Willis Jr. was born 13 Oct 1684.[9] He is the right age to be Friendship Andrew’s father. However, Richard Jr.’s mother Frances wrote a will in 1723/4 and a codicil in 1729 in which she named three children, two sons-in-law, and eight grandchildren. She did not name an Andrew as a son of Richard Jr. Instead, she identified Richard (III) and Mary as Richard Jr.’s children.[10] Frances divided her real property between her son Richard Jr. and his son Richard III.[11] In 1741, Richard Jr. made a will that, like his mother Frances, did not name a son Andrew. Richard Jr. left all his property to his wife and at her death to a grandchild, with a nephew as a conditional devisee.[12] Surely, if Andrew were a son of Richard Jr., that child would have been named in either his father’s or grandmother’s will, if not both. We can reasonably conclude that Friendship Andrew was not a son of Richard Jr.
Furthermore, Andrew was not a son of Richard Jr.’s son Richard III. In his 1737 will, Richard III gave everything to his sister Mary, except some bequests to two cousins.[13] Clearly, he had no widow and no children. Thus, neither Richard Jr. nor Richard III, son and grandson of Quaker Richard, was Friendship Andrew’s father.
John Willis Is Not Friendship Andrew’s Father
Quaker Richard’s son John was born 7 Sep1686 and married Margaret Cox 10 Jul 1712.[14] He died intestate in 1723 almost certainly without surviving children. First, there is no mention of children in the record. Second, there was no division of his estate as required by the laws of intestate distribution if children are involved.
No Mention of Children in the Record
If John and Margaret had any children, the eldest would have been about ten when John died. The accounts filed by his widow, however, do not mention any children, who are often identified in such filings.[15] Further, there are no guardianship records as required for minor children … no guardian bond, no guardian accounts, no distribution of the estate to indicate an heir other than Margaret.
Division of Estate
If John and Margaret had children, John’s estate would have been allocated by law one-third to the widow and two-thirds to the children.[16] Margaret died just three years after John, and her personal property was almost identical to her husband’s. John’s estate inventory totaled £103.14.04.[17] Hers amounted to £102.17.11, rather than a third that amount.[18] Having no portion carved out for any children indicates there were none.
If John had no children, the widow would get one-half the personal estate according to law and the other half would go to the deceased’s siblings Richard Jr. and Frances.[19] In that case, one would expect Margaret to have controlled only about £50. However, with no minor children involved, the adult heirs could easily have forgone receiving anything immediately from their sister-in-law. Taking their share would have only made her life more difficult. It makes sense that they would put off a distribution until a later date. In this case, the delay was only three years until Margaret died.
Land – The Final Evidence
The final argument against Friendship Andrew descending from Quaker Richard’s sons is that Andrew received no land from them. Families almost always passed down land from father to son. Maryland Provincial Land Office records show the subsequent owners of the lands of Quaker Richard and Frances Willis and their sons. Friendship Andrew Willis inherited none of that land.[20] Were he in the line of succession, he most likely would have ended up owning some of their land.
Conclusion
It is safe to conclude that the mystery man, Friendship Andrew Willis, is not descended from the line of Quaker Richard and Frances Willis. Neither Richard Jr., his son Richard III, nor John Willis is Andrew’s father. The next article will look at the sons of Wantage John for a possible father.
[1] 15 Sep 1753, Dorchester County Deed Book 14 Old 738 – Thomas Hackett of Dorchester County, Planter, and wife Sarah for 6 pounds, 10 shillings, paid by Andrew Willis of the same place, Planter, sell part of a tract of land called Friendship adjoining Grantham and containing 28 acres.
[2] Wright, F. Edward, Judgement Records of Dorchester, Queen Anne’s and Talbot Counties, Delmarva Roots: Lewes, Delaware, 2001, p 34 – Aug 1743, Dorchester County Court Judgment Records, p 231 – Presented that Sarah Willis of St. Mary’s White Chappel Parish, spinster, on 10 May 1743 committed fornication and begat a bastard child. Fined 30 shillings. Andrew Willis her surety to indemnify the inhabitants of the county for 7 years from keeping and maintaining a bastard child.
[3] 6 Apr 1754 survey, 23 Sep 1760 patent, Dorchester County, 113 acres, Patented Certificate 1174, MSA S1196-1317, the survey found Friendshipencroached on an elder 1,000-acre tract patented in 1684 called Grantham located in “woods near Catarine Creek.” The resurvey eliminated the encroachment, realigned his tract adjoining Grantham, and added vacancies for a new total of 113 acres then called Friendship Regulated. And 23 Mar 1764, Dorchester County, 304 acres, Patented Certificate 1175, MSA 21196-1316 added vacant lands for a total of 304 acres called Friendship Regulated.
Note: The reference to Catarin Creek is an error. The land was located about five miles north of Federalsburg, estimated by the location of “Davis’s old field,” “lands of Abraham Collins,” “Collins Crossroads,” and Raccoon Branch referenced in other tracts adjoining Grantham and Friendship Regulated.
[4] Caroline County Deed Book D:381, 27 Aug 1793 – 10 Dec 1793, Deposition of John Walker, carpenter, age 52, said he was at the house of Andrew Willis, father of the late Thos. Willis dec’d, of whom Sina Willis is widow, and heard Andrew say he intended 100 acres of his land for Thomas, 100 acres for son Andrew, 7 [sic 70] acres for son Ezekiel, and the home plantation for his youngest son Elijah excepting a parcel to be laid off for the said Andrew’s son Joseph; and that in the event of his death without a will, that Thomas would so convey; to which Thomas agreed and so did. The deposition was requested by Abraham Collins who bought part of Friendship Regulated from Ezekiel in 1786.
[5] Caroline County Deed Book GF A:285-287, 21 Aug 1778. Rather than the instructions conveyed in the above 1793 deposition, Thomas conveyed 87 ½ acres to Andrew, 50 acres to Ezekiel, 32 ½ acres to Joseph, and 29 ¾ acres to Isaac Collins. This left Thomas holding 104 ¼ acres for a total of 304 acres contained in Friendship Regulated.
[6] Caroline County Deed Books, A:650, 659 – Joseph, 1783; A:773 – Andrew, 1784; B:116 – Ezekiel, 1786.
[7] Marriage date estimated based on the 13 Aug 1684 date of the birth of Richard Willis Jr.
[8] Dorchester County Deed Book 4 ½ Old 1 – Will of Richard Willis dated 21 Oct 1689, probate 2 Jan 1690. 300 acres called Rondley to go to his sons.
[9] Quaker Birth Records, Third Haven Monthly Meeting, 1665-1930, p 21, Richard Willis 8th Mo 13th 1684. Note: 1st month for Quakers is March.
[10] Maryland Will Book 19:679 – Will of Frances Fisher dated 28 Feb 1723/4, codicil 14 Apr 1729, probate 7 May 1729. Note: the widow Frances Willis married Edward Fisher who predeceased her.
[11] Ibid, 679 and 680
[12] Maryland Will Book 22:439 – Will of Richard Willis dated 6 Nov 1741, probate 20 Jan 1742 – To wife Mary the dwelling plantation which at her death to pass to granddaughter Elizabeth Jolley and heirs. Should Elizabeth Jolley die without heirs the plantation would go to Willis Newton son of Edward Newton [and Richard’s sister Frances Willis Newton]. Personal property bequeathed to wife Mary and to Elizabeth Jolly at age 16. Wife Mary executrix. Wit: Thomas Smith, James Billings, Robert Jenkins Henry. [Note: at the time of his will, Richard Jr.’s son Richard was already dead. Richard Jr.’s daughter Mary’s husband Francis Jolly had died (with his estate underwater), and she had married Hugh Rimmer. Richard, Sr. was guardian of grandchild Elizabeth Jolly. At Richard’s death, Major James Billings became guardian. Elizabeth Jolley died without heirs, and the land went to Willis Newton and eventually his son Thomas Newton.]
[13] Maryland Will Book 21:814 – Will of Richard Willis, wheelwright, of Dorchester County dated 11 May 1737, probate 19 Nov 1737 – To sister Mary, executrix, entire estate except legacies of personal property to cousins John Newton and Margaret Newton children of Edward Newton [and Frances Willis Newton]. Wit: Richard Webster, Sr, Sarah Whaland, Anna Webster.
[14] Quaker Records, Third Haven Monthly Meeting, 1665-1930, p 21, John Willis 7th Mo 7th 1686, and Marriage Book 1668-1938, p 100, 10 Jul 1712 at their Meeting House in Dorchester County. Note: The record is in the books of Third Haven Monthly Meeting in Talbot County.
[15] Perogative Court Accounts 5:280, 19 Sep 1723 – Account for estate of John Williss of Dorchester Co, total account £103.14.4, payments made £25.15.8, dated 19 Sep 1723. Payments to William Ennals, John Orell, Dr. William Murray, William Hemsley, John Hodson Jr., Capt John Rider. Administratrix Margaret Williss.
[16] “An Act for the better Administration of Justice in Testamentary Affairs granting Adminisrcons recovery of Legacies Secureing filiall portions and distribution of Intestates Estates” (1715) (Ref: Proceedings and Acts of the General Assembly of Maryland, Proceedings and Acts of the General Assembly of Maryland, April 26, 1715 – August 10, 1716, Acts of the Assembly, April 26-June 3, 1715, Archives of Maryland, Volume 30, William Hand Brown, Maryland Historical Society, 1910, pp. 331-347) – “… one third part of the said Surplusage to the wife of the Intestate and all the residue by Equall portions to and amoungst the Children of such persons dying Intestate and such persons as Legally represent such Children …”
[17] Perogative Court Inventories 8:191, 9 May 1723 – Inventory of the estate of John Willis, £103.14.04 appraised by Thomas Hides, Charles Dean; creditors Jno Rider, W Ennalls; kindred Richard Willis, Daniel Cox: filed 16 July 1723 by Margaret Willis administratrix, who “gave testimony according to law” that the inventory was true and correct.
[18] Perogative Court Inventories 11:399, 4 Jul 1726 – Inventory of the estate of Margaret Willis, £102.17.11 appraised by W Ennalls, Edward Newton; creditors W Ennalls, John Rider; kindred Dan’l Cox, Betty Cannon; filed 5 Jul 1726 by Richard Willis administrator.
[19] Testamentary Affairs Act, “And in Case there be no Child or Children nor any Legall representatives of them then one Moyety of the said Estate to be allowed to the wife of the Intestate the residue of the said Estate to be Distributed Equally to Every of the next of kindred of the Intestate who are in Equall Degree and those who Legally represent them(Provided there be no representatives admitted among Collatteralls after brothers and Sisters Children) …”
[20] Skinner, V.L. Jr., Abstracts of the Debt Books of the Provincial Land Office of Maryland, Dorchester County, Vol I, Genealogical Publishing Company: Baltimore, 2016 – p 152, Richard III tracts owned by Phil. Covington, p 193, Richard Jr.’s tracts owned by John Leatherbury “for his wife.”
[21] Dorchester County Deed Book 7 Old 63 – 26 Jul 1718, Frances sold all her real estate to sons Richard and John Willis for 2,000 pounds of tobacco. The deed provided that when ready to make a division, John would have first choice as to the part he would take. The deed also required them to sell Rondley to John Dawson, possibly Frances’s son from her first marriage.
[22] John received 2,000 pounds of tobacco “on account of the land” and another 2,000 pounds as compensation for not receiving an enslaved person (Frances willed five enslaved people to various legatees).
[23] Jenkins, Dan, Baja Oklahoma, Antheneum, division of Simon & Schuster: New York, 1981