Tag: Peter Willis

Henry Willis d. 1794 – A Missing Child of Joshua Willis

I recently vowed (again) to get rid of paper by consolidating miscellaneous notes into my “county data tables.” That is where I keep records of pertinent genealogical documents and events.

Almost immediately, some notes from Sandra Willis’s website (here) related to Caroline County, Maryland caught my eye.[1] Her abstracts of estate inventories included the following:

Henry Willis – 1 Feb 1794[2]

John Willis – administrator

Kin listed – Joshua Lucas, Deborah Lucas

Total Inventory – £240/2/0

Further, Sandra’s abstracts of guardian bonds had this information:

9 Jun 1795 – Nancy Willis orphan daughter of Henry Willis – bound to Rhoda Willis. Rhoda Willis made guardian of Nancy Willis[3]

11 Aug 1795 – Rhoda Willis, widow of Henry Willis deceased, guardian to Nancy Willis daughter of Henry Willis – Valuation of lands called “Painter’s Range” containing 222 acres – deduct ¾ for other 3 children (not named).[4]

These cryptic entries show that a Henry Willis died intestate in early 1794, based on the date of the estate inventory.[5]Henry left a widow and one minor child, Nancy, who inherited a one-fourth interest in a tract of land called “Painter’s Range.”

The entries are intriguing. John Willis, administrator of the estate, and Deborah (Willis) Lucas, kindred, were both children of Joshua Willis, a successful planter in Caroline County, Maryland. Also, the land called “Painter’s Range” was connected to Joshua Willis. Henry Willis seems to have been a relative. Was he also Joshua Willis’s child? Initially, I did not think so. An earlier article on the heirs of Joshua Willis found  here established that Joshua had eleven children at the time he died. None of them were named Henry. This led to a series of questions. The answers established — spoiler alert here — that Henry was indeed a son of Joshua Willis. Here are the questions and answers.

How many children did Henry and Rhoda Willis have?

Answer – One.

The guardian bond abstract states there were four children. However, Henry had married “Rhody” Batchelor in Caroline County, Maryland on 12 June 1793.[6] They had only been married about six or seven months when he died. At his death, his wife Rhoda probably was pregnant with their only child, Nancy, who was born in the spring or summer of 1794. If there were other children in the household, they were not Rhoda’s.

Why did Nancy get only one-fourth of the real estate?

Answer – There are a couple of ways this could have happened.

As Henry’s child, Nancy was entitled to his property under the laws of intestate distribution. She would receive less that 100 percent of his property if there were other equal heirs at law — that is, siblings or half-siblings. She clearly was the only child of Henry and Rhoda. Moreover, the 1790 census shows Henry alone, without any children or an earlier wife. If Henry had any children born between 1970 and Nancy’s birth, there should be a record of a guardianship similar to Nancy’s. There is no such record. We can rule out half-siblings.

However, there is another possibility. Nancy would only get a fraction of the land if she were Henry’s sole heir AND he only owned or was entitled to that fraction. That begs the next question.

 Did Henry own “Painter’s Range?”

Answer – No.

There is no record that Henry Willis ever purchased any land, either alone or with partners, much less land called “Painter’s Range.” Instead, the record shows Joshua Willis Sr. purchased 393 acres of land by that name in 1778.[7] There is no record of Joshua selling it before he died in about 1795. Over his lifetime, Joshua acquired more than twelve hundred acres of land in Caroline and Dorchester Counties. He still possessed most of it at his death.

In about 1790, Joshua made a will, which unfortunately has been lost.[8] The earlier article on the heirs of Joshua Willis covered in detail the various documents proving that Joshua made a will devising specific tracts of land. That article also concluded that Joshua had a total of eleven children, none named Henry.

Was that earlier article wrong?

Answer – No and Yes.

No, because the earlier article correctly identifies eleven of Joshua’s children based on the documents underlying that analysis.

Yes, because it missed the documents related to Henry, his widow and daughter, plus land that Joshua clearly owned and almost certainly devised to someone in his will.

What gift of land in Joshua’s will could prove Henry was his son?

Answer – See Occam’s Razor.

The simplest answer is most likely correct. Joshua’s 1790 will most likely devised 222 acres of “Painter’s Range” jointly to his four eldest sons in fee simple, with the common proviso that should any die without heirs, their share would revert to the other devisees.[9] Those sons would include Joshua Jr., Charles, and Thomas, plus Henry Willis.[10] Henry died in early 1794, and his only heir – the afterborn child, Nancy, automatically became an heir under Joshua’s will under the law of intestate descent and distribution.

Joshua Willis Sr. probably died before 9 Jun 1795, when Rhoda Willis was appointed guardian of Nancy Willis. He definitely died before the 11 Aug 1795 land valuation, because by that time Nancy was clearly entitled to one-fourth of the Painter’s Range acreage.

Did Nancy ever get her share?

Answer – No.

In 1800, Joshua Jr. sold part of Painter’s Range without the participation of any of the other heirs.[11] One way that could legally happen was if the other three heirs sold their interests to Joshua Jr. However, there is no record of a sale to Joshua Jr. from any heir, including from Nancy or her guardian. The other way it could legally happen is if the other heirs all died without leaving an heir of their own. In fact, Charles Willis and Thomas Willis both died without issue before 1800.[12]We can conclude that Nancy had also died before reaching the age of six in 1800.

What have we done here?

Answer – A couple of things.

We have presented reasonably conclusive evidence of another son and a grandchild of Joshua Willis Sr. (which will have no bearing on anyone’s ancestry search because Nancy left no descendants).

And we have proven how easy it is to get led astray from good intentions like eliminating paper and consolidating notes. We did, in fact, get rid of three notes, but it took a week to do so! At the time, however, it was bitterly cold outside, so this was undoubtedly the right and fun thing to do.

One final question.

Was there any happy ending to this sad tale?

Answer – Yes.

In 1796, the widow Rhoda Willis married Allen Parker, who happened to be one of the securities on her guardianship bond in 1795.[13] The 1810 census shows Allen Parker in Caroline County. His household appears to include Rhoda and five children — four sons and one daughter, all under the age of ten.[14]

Good Hunting!

____________

[1] Sandra Willis was a fabulous researcher who abstracted many original documents from court houses and the Maryland State Archives. She took the time to share her research notes in a well-organized website. She also provided in her will that the site be maintained so others could benefit from the work she had done. Check it out.

[2] Caroline County Original Inventories, Box 9450 (1792-1799)

[3] Caroline County Guardian Bonds, Liber JR-B, Folio 243

[4] Caroline County Guardian Bonds, Liber JR-B, Folio 253

[5] If he had made a will, an executor rather than an administrator would have been named to handle the estate.

[6] Sandra’s “Index to Caroline County Marriage Licenses by Henry Downes Cranor” at mdwillis.nabiki.com.

[7] Carolina County Deed Book A:269 – Deed dated 24 Mar 1778, filed 23 Apr 1778 – Robert Lloyd Nicols of Talbot County, merchant, sold to Joshua Willis of Caroline County, planter, for sum of 412 pounds 18 shillings 3 pence all of a tract of land part of “Painter’s Range” lying lately in Dorchester County but now in Caroline County containing 393¼ acres more or less.

[8] Not only is the will lost, but there are no estate inventories, administration bonds, or other usual probate records for Joshua Willis. He owned significant real estate in both Caroline and Dorchester Counties. It is likely that his eldest son, Joshua Jr., was executor of the estate and, living in Dorchester at the time of his father’s death, filed the will for probate in Dorchester out of convenience. Unfortunately, those records were lost in the 1851 fire at the County Court House.

[9] Joshua’s will contained a similar provision regarding land devised to Charles, which descended to his brothers Peter and Thomas after Charles’s death in 1797.

[10] The earlier article lists eleven children in likely birth order.

[11] Carolina County Deed Book G:293

[12] Charles died in Dec 1797 based on an estate inventory dated 30 Dec 1797. A deposition of Captain William Haskins dated 5 Nov 1804 states that Charles and Thomas Willis died without issue before that date. There is no probate record for Thomas Willis, but he must have died prior to the 1800 sale of “Painter’s Range.”

[13] Caroline County Court Bonds, 1785-1892, 243 and 253.

[14] Had Nancy lived, she would have been 16 in that census.

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.

Foster Willis, Maryland to Missouri, 1804-1850

One rewarding aspect of genealogy is meeting wonderful people while digging up those pesky dead relatives. I had that privilege several months ago when the Reverend Charles Covington introduced himself via the Internet. The Rev (as he asked to be called) and I are related by marriage. One of his Covington ancestors married a descendant of my ancestor John Willis of Dorchester County (d. 1712). The Rev previously documented the descendants of his earliest known Covington ancestor down to the present and gifted the finished product to his children. He proposed that we do the same thing, generation by generation, with the descendants of John Willis. This joint project has led to many discoveries I would not have found on my own.

Case in point is the subject of today’s article. Foster Willis has always been of interest because he is the twin of my great-great-grandfather Zachariah Willis. This project forced me to focus on Foster for the first time. Deed, probate, and census records tell most of Foster’s story. The tale is typical of an early nineteenth century farmer/craftsman who achieves some success, raises a large family, and moves west seeking other opportunities. However, like most stories constructed after the fact, there are gaps and mysteries.

Born into a Farming Family

Two days after Christmas in 1804, Foster and Zachariah were born in Caroline County, Maryland, to Richard (1759-1823) and Britannia Willis, née Goutee (1765-1826). Richard was a successful farmer who amassed several hundred acres of land on the upper reaches of Hunting Creek northeast of the present town of Preston. He willed adjacent parcels of land to his four surviving sons Senah, Foster, Zachariah, and Peter. Foster’s share of the land was about 75 acres, part of a tract called Battle Hill.[1]

On 23 Mar 1826, Foster married Sarah Emerson. They had one child, Thomas Foster Willis born 16 Nov 1827. Tragically, Sarah died 15 Dec 1827, most likely from complications of that birth. Foster remarried 12 Jul 1828 to Anna Andrews who lived on adjoining land. Over a period of twenty years, they would have ten children, six of whom reached maturity.

Move to Town

Foster grew to some prominence in the county, but not as a farmer. The 1830 and 1840 censuses list his occupation as “manufacturing & trades” indicating he was a craftsman, although the exact trade is not specified.[2]His craft probably dictated his move from the countryside into a population center providing more access to customers for his services. Foster and Anna sold small pieces of Battle Hill in 1831 and 1832, including one-half acre as the site for the Friendship Methodist Church and a schoolhouse.[3]In 1834, they sold the remaining seventy acres to their neighbor Caleb Bowdle for $250 and bought a house in the town of Federalsburg where five of their children would be born.[4]

In Oct 1829, his elder brother Senah declared insolvency, and under a Deed of Trust Foster took control of all Senah’s assets except his wearing apparel. This was an unusual development, especially since Senah had only four months earlier sold his inherited land for $300 to Caleb Bowdle.[5]We do not know where Senah’s money went.

Foster was appointed Justice of the Peace for Caroline County, serving two terms in 1835 and 1836. However, the next year, he and Anna sold their house and lot in Federalsburg to Steven Andrews, presumably a relative of Anna, and moved to Cambridge in Dorchester County.[6]Deed records do not indicate Foster and Anna purchased property in Cambridge, so they must have rented a home.

Foster last appeared in Maryland records in the 1840 census for Dorchester. That census shows Foster as head of household with his wife and six children.[7]The household also includes a young couple, possibly Foster’s younger brother Peter W. Willis and his wife Susan.  A William P. Flint and his wife Sarah were neighbors of Foster and Anna Willis in the Dorchester 1840 census. Flint owned several lots and houses in Cambridge and in Church Creek. Flint was a likely doctor and quite possibly Foster’s landlord.[8]

Move to Missouri

In 1843, Flint and his wife sold their Cambridge properties. In 1845, they were noted as being “of Buchanan County, Missouri” when they sold the Church Creek land and houses. It is possible that Dr. Flint attended the Willis family and was there at the birth and the death of two Willis children born in 1842 and 1843 in Cambridge. It is further likely that the families migrated together to Missouri in the 1843-1845 timeframe.

In Missouri, Foster Willis applied for and was granted a quarter section of land located a few miles southeast of St. Joseph, Missouri.[9]Not coincidentally, William P. Flint and his wife Sarah owned adjoining land. In 1849, the Willises had their last child, a daughter Sarah E. A. Willis, probably named in part for their friend Sarah Flint. However, tragedy befell the Willis family during this period. Eldest son Thomas Foster Willis died in November 1849, and Foster died in April 1850 without leaving a will.[10]

The widow Anna Willis probably did not outlive her husband by more than a year or two. She appears as head of household in the 1850 census in Buchanan County with real estate valued at $3,000 and personal property of $1,000.[11]However, Anna never appeared in the probate records. She never received any moneys from the estate, leading to the conclusion she passed away during the probate period.

Probate of Foster’s Personal Estate

After Foster died intestate, the court appointed Erasmus F. Dixon administrator of the estate on 3 June 1850. The probate records are extensive, but in many ways unrevealing. The records do not include an inventory of Foster’s personal property. A list of his tools might have defined Foster’s tradecraft. A list of crops in the field, livestock, or farm implements would provide an understanding of his life on the land. Without this detail, we are left to wonder if he maintained his tradecraft. In fact, one wonders if even his tradecraft in Maryland were successful. If it were, why would he move to Missouri and acquire farmland? Did he plan to entirely depend on farming, at which he previously had not shown success? A clue to the answer may be that the 1850 census lists his widow Anna as a farmer, and the 1860 census lists each of his sons as farmers. Whatever Foster’s craft, he did not hand it down to his sons.

Furthermore, the probate record lists about 50 claims against the estate, many of them filings by claimants directly in the county court.[12]However, few claims indicate the basis, such as a note, an account at a store, or a time purchase of equipment or inventory. The few details that are available paint a picture that is fuzzy around the edges.

Take for example the following three items. First, one asset of the estate in 1851 was an “Amount against William P. Flint … $116.34.” Second, Flint filed a demand against the estate in 1853 for $136.00, which the court allowed to offset the estate’s claim. Third, Buchanan County in 1852 had entered its claim against the estate for $138.63 for the unpaid balance of Foster’s quarter section of land. We can conclude from these items that Foster and Flint each signed a bond ensuring payment for the other’s land purchase, and that those two obligations offset in probate. The record also shows Foster still owed money for his land. This makes sense because the sale did not become final until 25 Dec 1850, eight months after Foster had died. The balance due became an obligation of the estate.

The record also shows claims of $120.60 against the estate by a firm named “Donnell, Saxton, and Duvall,” a retail mercantile enterprise. Another firm, “[illegible]tor & Riley,” claimed $137.69. To have $160 debts outstanding to a couple of stores seems excessive. However, Foster died in the Spring. These debts may have been related to farming during the upcoming season, such as the purchase on credit of seed and equipment. Additionally, Foster owed money to numerous individuals. Several individuals claimed amounts ranging from $25 to $80, which may have been personal loans.

In the final analysis, Foster owed a lot of money to a lot of people. His personal property was valued at $991.52 in October 1851 but proved insufficient to satisfy the estate’s debts, resulting in the need to sell some of the estate’s land. In 1854 and 1855, the administrator sold with the court’s permission a total of about 40 acres of land, netting an additional $880 to the estate. Despite that, the final personal estate settlement in April 1855 does not show any residual amount paid to the heirs, nor does it even list the heirs.

In fact, Foster’s widow Anna does not appear in the probate record. Instead, the couple’s eldest surviving son, James R. Willis, filed a $195.00 claim against the estate. We can conclude that Anna died shortly after her husband and that James became head of household at age 20 or 21. Logically, he received money from the estate to support his younger siblings.

Disposition of the Land

By 1860, all the heirs resided outside Buchanan County. Each apparently still owned a share of the remaining family homestead of 118 acres. Even eleven year-old Sarah is listed in the census as owning $900.00 worth of real estate. Five heirs were in three households in Doniphan County, Kansas Territory, just across the river from Buchanan County[13]One heir, Harriett, was with her husband in Andrew County, Missouri, just north of Buchanan.[14]

Sarah Willis’s $900 interest in the land represented one-sixth of its total value in 1860. Therefore, the whole parcel was worth $5,400. Regardless of Foster’s success or failure as a craftsman or farmer, his and Anna’s investment in the land proved a good legacy for their children.[15]

I have not yet located the final sale of the land by the heirs of Foster Willis. However, they likely sold it to a Mr. A. M. Saxton.  An 1877 atlas of Buchanan County shows him as owner of the former Willis land and the quarter section north of it. The atlas states Albe M. Saxton operated a mercantile partnership in St. Joseph with Robert W. Donnell.[16]Foster’s estate owed their firm $130.60 back in 1850. Saxton became extremely wealthy from the store and other ventures, including banking, steamship building, and land holdings of more than 1,000 acres. Saxton not only owned the Willis property but also the Flint lands, since the atlas states he married in 1856 “Mrs. Sarah Emeline Flint originally of Dorchester County, Maryland.”[17]

As the story circles back to a connection with Maryland, it seems like a good place to end this discussion of my great-great-great-uncle Foster Willis.

[1]Caroline County Will Book,Liber JR-C, Folio 465 and subsequent Deeds

[2]Manufacturing and Trades would include cobblers, blacksmiths, silversmiths, wheelwrights, wood carvers, carpenters, cabinetmakers, etc. Other occupation categories in the 1840 census were Mining; Agriculture; Ocean Navigation; Canal, Lake, River Navigation; and Learned Professions & Engineers.

[3]Caroline County Deed Books, Liber Jr-R, Folios 115 and 130.

[4]Caroline County Deed Book Liber JR-S, Folios 340 and 402

[5]Caroline County Deed Book Q: 259.

[6]Caroline County Deed Book T: 524.

[7]The age ranges in the census indicate the children are Thomas F. Willis from Foster’s first marriage, and James R. born 1830, Harriett A. born 1832, Peter M. born 1835, John F. born 1837, and William H. H. born 1840, from the second. Deceased are Foster and Anna’s eldest son John W. born in 1829 and their daughter Louisa born in 1833. The couple had two more sons who died as infants: Charles E. born 1842 and Samuel A. A. born 1843.

[8]Flint’s occupation in the 1840 census for Dorchester County, MD, was “Learned Professions and Engineers.”

[9]The southwest quarter of Section 19, Township 57, Range 34, surveyed at 158 acres priced at $1.25 per acre for a total cost of $198.00. The land transaction completed on 25 Dec 1850.

[10]Thomas F. Willis may have been married. There is no marriage record and no probate record, which argues against there being any heirs at law. However, a Rebecca J. Willis, age 26, appears in the 1860 census in brother James Willis’s household. She is possibly the widow of Thomas, although she would have been age 15 at the time of his death.

[11]Living with Anna, age 44, are James, age 20; Harriett, age 18; Peter, age 15; John, age 13; William, age 11; and Sarah age 1. Sarah, by the way, is listed as Sarah E. H. (sic} A. Willis in a later census. I originally thought she was the daughter of Foster’s deceased son Thomas Foster Willis, who named the child after his mother Sarah Emerson Willis. However, the 1880 Cole County, MO, census of her brother James R. Willis’s household lists her as “Lizie A. Willis, age 31, sister.” She is clearly the child of Foster and Anna, and her full name is likely Sarah Elizabeth Anna Willis.

[12]Volumes A and B, Buchanan County, MO, Probate Records

[13]The Doniphan County, Kansas census shows the following, including the value of their real estate: James R Willis, age 30, $3,000, Married with four children; Peter M. Willis, age 25, $2,500, Single; John F. Willis, age 23, $1,000, Single, residing with the following two: Wm H. H. Willis, age 20, $1,000, Single, and Sarah E. Willis, age 11, $900, Single. Curiously, Peter and Sarah are listed a second time in James’s household.

[14]The Andrew County, Missouri census lists John Speed S. Wilson, age 36, $3,200, and Harriett A. Wilson, age 28, Married with four children.

[15]As a final comment regarding the estate administrator, there is no apparent familial relationship between Erasmus F. Dixon and the Willises. He served as a court appointed administrator for the estates of several unrelated parties. In any event, James R. Willis clearly held him in high regard for his handling of the estate and support of the family. James named his first son Erasmus D. Willis, obviously honoring Mr. Dixon.

[16]Published online by The State Historical Society of Missouri, “An Illustrated Historical Atlas Map of Buchanan County, MO, 1877,” p. 31

[17]The atlas does not state that Mrs. Flint was a widow, but we can presume that to be the case.

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.

Revised – A Surprising Willis – Quaker Connection

Subsequent to the original posting of this article, significant new information came to my attention requiring a substantial rewrite. I have deleted the original and post this revised version in order to clear the record of incorrect information. 

During the 18thand 19thcenturies, several Willis families on the Eastern Shore of Maryland were Quakers. I have long believed that the John Willis family who lived on land called Wantage in Dorchester County was not one of them.[1]The evidence I had found to date supported that conclusion.

For example, Wantage John’s eldest son John, Jr. lived on Marshy Creek in what became Caroline County. Several Quaker Meetings and the Anglican St. Mary’s White Chapel Parish served the region. The Anglican records do not survive, so whether John Jr.’s family attended there is lost to history. On the other hand, numerous Quaker Meeting records of the period exist. John, Jr.’s family does not appear in any of them. Apparently, the family was not Quaker.

The record for Wantage John’s son Andrew is more straightforward. Andrew lived in Dorchester County. Three of his four sons appear in the records of Old Trinity Church near Church Creek at the baptism of several children between 1754 and 1775.[2]No Quaker record names any of these people. This family was clearly Anglican and not Quaker.

The elder John had two other sons, Thomas and William. Thomas lived adjacent John Jr. on Marshy Creek. William inherited Wantage from his father and lived there until moving close to his wife’s family on Hodson’s/Hudson’s Creek in the Neck Region of Dorchester County. Neither of these sons appears in any religious record, Anglican or otherwise. Therefore, no evidence suggests a connection to Quakerism for anyone in the Wantage John family for the first couple of generations. And, there is evidence that one family group was Anglican.

Beyond these first generations, descendants of John of Wantage and related families were prominent in Methodism. Barratt’s Chapel in neighboring Kent County, Delaware was the birthplace of Methodism in America.[3]Lydia Barratt, granddaughter of Philip Barratt who built the chapel in 1780 is the great grandmother of Henry Fisher Willis, a direct descendant of Wantage John. Henry was a significant supporter of the Bethesda Methodist Church in Preston, Caroline County, Maryland, with a stained glass window honoring his service in the late 1800s. Henry’s father Zachariah Willis was a trustee of the Methodist Church whose twin brother Foster gave land for a church in 1831.[4]

I concluded from this data it highly unlikely that any of Wantage John’s descendants belonged to the Society of Friends. In fact, I used membership in the Society as a screening tool to eliminate various Willis lineages as being related to John of Wantage. For example, there is a Quaker Willis line in eastern Dorchester County and in the Federalsburg region of Caroline County.[5]Another Willis line in Talbot and Caroline County attended the Tuckahoe Monthly Meeting. Indeed, many researchers have conflated a Richard Willis in that line, who married Margaret Cox, with a Richard Willis in Wantage John’s line. A third line of Willises who lived in Kent County, Maryland were also Quaker. None of these families are related to John Willis of Wantage at least on this side of the pond.

With a high level of confidence in the religious affiliation of the John Willis family, or at least its lack of affiliation with the Quakers, imagine my surprise when I came across the following entries reportedly from the birth records of the Wilmington Monthly Meeting, New Castle, Delaware.[6]Oops:

  • Richard Willis 24 of 1 mo 1794    Son of Richard Willis and Britanna his wife
  • Ann Willis 2 of 6 mo 1799      Daughter of Do & Do
  • Senah Willis 19 of 4 mo 1802    Son of Do & Do
  • Zachariah Willis and Foster Willis     27 of 12 mo 1804   Sons of Do & Do
  • Peter Willis 21 of 4 mo 1811    Son of Do & Do

The same document contains the following burial records:

  • Richard Willis 27 of 5 mo 1820    in 26thyear
  • Richard Willis 2 mo 14 1823        63rd
  • Britanna Willis 1 mo 2 1826          in the 59th

The listed parents Richard Willis and Britanna (Britannia Goutee) are well known to me, but I had no inkling they were Quakers. Richard, born 8 Aug 1759, is the son of Richard Willis, died 1764, and the great grandson of John of Wantage.  Richard and Britannia, born about 1765, married in Caroline County on 22 Jan 1788.[7]She is descended from John Gootee and Margaret Besson/Beeson, who came to the colony from France with Margaret’s father and became naturalized citizens in 1671.[8]So, have I been wrong all along about this Willis line and Quakerism?

Well, I don’t know. Certainly, I was wrong about Richard and Britannia, however, these seem to be the only Quaker records online for the family … no marriages, no grandchildren’s births, no deaths recorded after Britannia’s in 1826.

This particular record does reveal some other information. First, the record is handwritten … an Index plus a section of Births and one of Burials. However, the cover page is typewritten, stating that it is from the Wilmington Monthly Meeting.[9]An examination of the contents reveals, however, that the cover page is incorrect. The record is actually from the Northwest Fork Meeting in Federalsburg based on the following. For one thing, the record noted that two of the listed people were “Elders in the NW Fork Monthly Meeting.” Additionally, surnames in the record, such as, Charles, Dawson, Kelley, Leverton, Noble, and Wright, are of Quaker families known to have lived near the Northwest Fork of the Nanticoke River. Finally, the record indicates the residence of a few of the listed persons. The record mentions only three counties: Caroline and Dorchester, Maryland, and Sussex, Delaware. Federalsburg is located at the intersection of those counties. Clearly, the record is from that Meeting and not Wilmington.

The second thing apparent from this register is that it is a copy and not the original register. The handwriting is identical throughout, both in the index and the birth and death entries. Had the entries been made at the times the events occurred from 1790 to 1828, the person making the entries surely would have changed from time to time. Therefore, the handwriting would have varied. Furthermore, many entries relating to a single family are grouped together regardless of date. For example, all the Willis birth entries are on a single page.[10]The same is true of some other families. One would expect the original register to be in chronological order with the family names mixed together. Apparently, a clerk prepared a copy of the original register, reorganized and indexed it. Likely, this document was intended for the files of a Quarterly or Yearly Meeting to which the Northwest Fork Meeting was subordinate. That would have been the Southern Quarterly and the Philadelphia Yearly Meeting during the years in question.[11]

One additional Quaker reference to this family is Kenneth Carroll’s Quakerism on the Eastern Shore.That source lists under the Northwest Fork Monthly Meeting the birth of Ann Willis, daughter of Richard and Britannia and the death of Ann Willis “daughter of Richard.”[12]If this is the same Ann, she died unmarried at age 35. Interestingly, Carroll’s work does not include the other data found in the mislabeled Northwest Fork record. Obviously, he did not have access to that register.

In conclusion, it is clear that Richard and Britannia Willis affiliated with the Quakers. Apparently, the Friend’s connection ended with Ann’s death. Possibly she was the motivating factor for the family’s involvement in the sect.

_____________________

[1]John Willis, died 1712, patented a 50-acre tract named Wantage in Dorchester County in 1702.

[2]Palmer, Katherine H., transcribed Baptism Record, Old Trinity Protestant Episcopal Church, Church Creek, MD, (Cambridge, MD), 19, baptisms of son Richard’s children Mary (1754), John (1755), Elizabeth (1758) and Richard (1761); son John’s child Jarvis (1758); son Andrew’s children Keziah (1770) and George (1775).

[3]See www.barrattschapel.org

[4]Caroline County, MD Land Records, Liber JR-R, Folio 115, 29 Oct 1831 deed for ½ acre from Foster Willis and Wife Ann to trustees of the Methodist Church, proved 31 Jan 1832.

[5]Actually, this family were Nicholites, or New Quakers, until that sect reunited with the Quakers in 1798. See Carroll, Kenneth Lane, Joseph Nichols and the Nicholites: A Look at the “New Quakers” of Maryland, Delaware, North and South Carolina (Easton, Maryland: The Easton Publishing Company, 1962), 78, Births of the children of Andrew and Sarah Willis: Andrew, 3 Nov 1774; Mary, 5 Dec 1770; Rhoda, 18 May 1766; Roger, 14 May 1768; and Shadrick, 15 May 1772. Births of children of Thomas and Sina Willis: Anne, 5 Dec 1770; Elic, 1 Feb 1785; Jesse, 15 Feb 1773; Joshua, 15 Dec 1774; Milby, & Aug 1768; Milley, 3 Feb 1784; Thomas, 28 Oct 1776; and William 20 Sep 1771.

[6]Ancestry.com, U.S., Quaker Meeting Records, 1681-1935: Births & Deaths, 1790-1828, Wilmington Monthly Meeting, New Castle, Delaware. Birth records are all at p. 19; Burial records at pp. 7, 8, and 10, respectively.

[7]Cranor, Henry Downes, Marriage Licenses of Caroline County, Maryland, 1744-1815(Philadelphia: Henry Downes Cranor, 1904), 18.

[8]Browne, William Hand, Archives of Maryland v.2, Proceedings and Acts of the General Assembly of Maryland, April 1666 – June 1676(Baltimore: Maryland Historical Society, 1884), 270, Naturalization of John Gootee and Margarett Gootee his wife of Dorchester County and Stephen Besson of Dorchester County all born in the Kingdom of France. Act read as being passed by the Assembly at 19 Apr 1671 closing of the session on the General Assembly, which began 27 Mar 1671 in St. Mary’s County.

[9]The typewritten text on the cover page reads, “II Department of Friends’ Records, 302 Arch Street, Phila., PA, Wilmington Monthly Meeting, Del., Births and Deaths, 1790-1828, Births 22 pp.; Deaths 11 pp.; Index 32 pp.”

[10]This record, however, does not include the couple’s two eldest daughters, Rebecca, born 9 Nov 1788, and Dorcas, born between 1790 and 1793.

[11]Jacobsen, Phebe R., Quaker Records in Maryland(Annapolis: The Hall of Records Commission, State of Maryland, 1966), 78, In 1800, by permission of the Southern Quarterly, a Monthly Meeting was established at Northwest Fork, consisting of Marshy Creek [Note: later named Snow Hill and then Preston], Centre, and Northwest Fork Preparative Meetings … When the Separation occurred within the Philadelphia Yearly Meeting in 1827, the Southern Quarterly Meeting was simply dissolved by the Orthodox.”

[12]  Carroll, Kenneth Lane, Quakerism on the Eastern Shore(Baltimore: The Maryland Historical Society, Garamond/Pridemark Press, 1970) 255, Ann Willis daughter of Richard and Britana [sic] born 19 Apr 1799; 260, Ann Willis daughter of Richard died 22 Sep 1834.