Will of Aaron Rawlings (iii)
In the name of God Amen
I Aaron Rawlings of Anne Arundel County and State of Maryland being very low and weak but in perfect mind and memory do make and ordain this my last will and testament as foolows, to wit
Item I give and bequeath my soul to Almighty God, not doubting that I shall meet with his blessing and my body to be hereafter decently buried by my Executrix and Excutor hereafter mentioned.
Item I give and bequeath my whole estate personal and mixt of every kind whatver (after my legal debts being first paid) unto my LOVING WIFE MARY RAWLINGS during her natural life or widowhood and after her death or marriage it is my will and desire my Whole Estate of every kind shall be equally divided amongst my following CHILDREN TO WIT: JOHN RAWLINGS, AARON RAWLINGS, MOSES RAWLINGS, RICHARD RAWLINGS, NATHAN RAWLINGS, SUSANNAH RAWLINGS, ANNE RAWLINGS, ELIZABETH RAWLING, MARY LEISLY AND REBECCA RAWLINGS to them their heirs and assigns forever and it is further my will and desire that my loving wife Mary Rawlings and my son John Rawlings be my Executrix and Executor, in testimony wherefo, I have set my hand and seal this 16th day of April 1794.
Signed, sealed and acknowledged
Aaron Rawlings Seal
In the presence of WILLIAM ATWELL (HIS MARK)
MARSH M. DUVALL.
In the foot of the aforegoing will are the following Probates:
Will of Richard Rawlings, Brother of Colonel Moses Rawlings
In the name of God I Richard Rawlings of Anne Arundel County in the State of Maryland being through the unbounded goodness of Almighty God, yet of a sound and perfect understanding and memory do consitute this my last will and testament and desire it may be received by all as such and after all my just debts are discharged I will and desire that such worldly goods as it hath pleased God of his bounty to possess me with , or I may be in any manner entitled to may be disposed of in the following manner.
On the back of the aforegoing will are the following probate to wit
[The transcriber has transcribed this document w/ the overwrites of the dates, which would seem to be incorrect, and he included this note: “It is noted that the date 21st day of July 1833 the 33 is overwritten for clarity as is the 1803/13“-- the ‘0’ is overwritten with a ‘1’ predominant]
Anne Arunedl County
At an Orphan Court held for Anne Arundel County in the State of Maryland on the _____ day of September 1835
Satisfactory evidence has been produced the Court Shewing [hearing]
In Testimony that the aforegoing is a true copy taken from the minutes of proceedings of the orphan court of, Anne Arundel County, in the State of Maryland
I have hereunto set my hand and affixed the seal of year of our Lord one thousand eight hundred and thirty five.I Gideon White Chief Justcice of the Orphans Court of Anne Arndel County in the state of Maryland, do hereby certify that the aforegoing attestation of Samuel Brown [inv] is in due form of law and that the said Samuel Brown [Inv] is Register of Wills for the County of Anne Arundel in the State of Maryland.
Given under my hand this 23rd day of September in the year of our Lord 1835 [remainder of line unreadable except] County.
I Samuel Brown Inv Register of Wills for Anne Arundel County in teh State of Maryland hereby certify that Gideon White Esquire who appears to have taken and signed the above attestation was at the time of so doing and still is, Chief Justice of the Orphans Court of the County and state aforesaid, duly Commissioned and qualified and to all his acts as suh full faith and credit is and ought to be given a will in the Court of Justice as thereout
Gerald Saint Officr[I'm not certain whether this signature goes with this document or the one below]
Analysis of 1835 Anne Arundel County Orphans Court finding:
Aaron Rawlings II (b.1706; d.c.1757) had four children: Col. Moses Rawlings (b.1745;d.1809), Richard Rawlings (d.1803), Aaron Rawlings (d. 1798), and Susannah Rawlings.
[according to our ahnentafel Report1, Aaron II (1706-1757) m. Susannah Beard sister of Richard Beard on 14 Dec. 1725. Her will 17 May 1762 : To Aaron Rawlings, slaves etc. To son Moses Rawlings, slaves and a mare. To son Riachard Rawlings, slaves and a horse. To daughter Mary Rawlings, slaves. My furniture to be divided among 4 daughters that are married: Ann, Susannah, Rachel, and Elizabeth. Son Aaron and son-in-law Gassaway Watkins, excs. -- This would seem to contradict the finding of the Orphans Court]
The claim of the heirs of Col. Moses siblings heirs and former spouses seems to hinge on his not having been married at all. This may relate to laws which may have been passed in Maryland, which may have defined illegitimacy and/or inheritance in terms of marriage occuring. The claim that one of these siblings, Susannah Rawlings was married, but the failure to provide her last name or the last names of her children, in a case that would purport to be to establish heirs at law is very strange and may relate to these claims being based on marital status. It is also strange in that records found in London have a Moses Rawlings marrying a Jacob in 1767, and the family accounts I have seen always have Col. Moses Rawlings wife as this Jacob, who died prior to his having children by Elizabeth McMahon. Whether these records are incorrect, or whether the claimants ignored his previous marriage for legal reasons, I do not know.
1. Richard Rawlings (son of Aaron ii):
At the time of this hearing, Richard Rawlings apparently has the following heirs: Daughter Susannah, who has married Barber, daughter Sarah (Sally), who has married a Sands or Lands, and daughter Anne who has married Lemuel G. Taylor. This compares with his will : DAUGHTERS SUSANNAH, SALLY AND ANNE AND MY GRANDSON JOHN MERCER STEVENS MCCUBBIN. The RACHEL MCCUBBIN may be an unnamed daughter or his wife Rachel may have married a McCubbin. ?
The 1835 depostion of William Stewart names Richard Rawlings daughters husbands as: JOHN T BARBER (This would be Richard Rawlings daughter Susannahs husband), another IOL LANDS, [JOHN SANDS?] (This would be Sarah/Sallys husband) another to MR. [FICH] MQKUBBIN (This may be the husband of a daughter Rachel). (Anne (Nancy) has married Lemuel G. Taylor. In the final declaration of heirs at law, all four of Richard Rawlings (son of Aaron ii) daughters seem to be living: SUSANNA BARBAR, SARAH LANDS [SANDS] AND HER CHILDREN ANNE TAYLOR, AND RACHEL MCCUBBIN. Or, Widow Rachel has married a McCubbin. I dont know why Anne Rawlings Taylor is listed as having children whereas the others are not. Richard Rawlings bequeaths to his grandson JOHN MERCER STEVENS MCCUBBIN equally with his daughters.
2. Aaron Rawlings iii (son of Aaron ii): Aaron Rawlings iii listed the following children in his will: 1)JOHN RAWLINGS, 2)AARON RAWLINGS, 3)MOSES RAWLINGS, 4) RICHARD RAWLINGS, 5) NATHAN RAWLINGS, 6) SUSANNAH RAWLINGS, 7) ANNE RAWLINGS, 8) ELIZABETH RAWLING, 9) MARY LEISLY AND 10) REBECCA RAWLINGS. All ten are named heirs at law, so must still have been living?
3) Susannah Rawlings (dau of Aaron ii): The wording in the section regarding Susannah Rawlings suggests that she has died: SUSANNA was married and left the following children, BENJAMIN, ROBERT, SUSANNA, ANNA, CATHERINE AND MARY, are her only heirs at law, (and that these children are the only living children?). The concluding portion of the finding also lists Susannahs children, and not Susannah, as heirs at law.
The greater specificity and the depositions as to the Richard Rawlings heirs, gives the impression that this was an action taken by Richard Rawlings children. A cruel outcome considering that Col. Moses had left a bequest to Richard daughter :Item. I give and bequeath unto Nancy Rawlings, daughter of Richard Rawlings one hundred dollars. This is apparently the Anne who m. Lemuel Taylor. Of course it could have been one of the other sisters or sons in law who brought the action to deprive Col. Moses only surviving son his potential military entitlements. -- either Susannah Barber, wife of John T. Barber, or Rachel McCubbin.
If anyone knows who Col. Moses Rawlings sister Susanna married, and what happened to her children, or have other interpretations of this finding by the Anne Arundel Orphans Court, please e-mail us!
Ahnentafel Report: Aaron Rawlings (ii)1
B. 1706 AAC, Md. d. AAC md. ca. 1757; Died intestate. mentioned in father's will 1741. 23 May 1741: Rawlings takes a mortgage on: “One Negro woman called Genny about 26 years, on Negro girl called Esther, about 8 years, and one Negro boy called Jack about six years. If Rawling pays this note by 1 May next, this deed is void. Mortgagor Capt. James Hall, AA Co., mariner. (Abstracts of Land Records AAC , 1737-1744. R. Dood, M. Flood, AA Genealogical Soc.) 1743: Deposed, AAC , aged 26. 1747-“Aaron Rawlings, Thomas Caton, James Dick take a mortgage from Stephen Rawlings on a negro woman called Nell, 26 years old, her two children, and four horses.” 9 April 1747- Indenture from W. Chapman Jr., Thos. Caton, Jas. Dick for £250 secured by ownership of : one wench called Jenny, one wench Hannah, one girl Esther, one ditto called Lucy, one Chloe, one boy called Same, one Jack, one Ned, one Pompey. If Aaron Rawlings should pay to Champman, Caton, and Dick on 1 April next the sum of £250 with lawful interest, then this indenture shal be void. 21 Apr 1747-Maryland Gazette: “Aaron Rawlings, at his plantation near Queen Anne (Near Patuxent River Southeast of Bowie? Prince George's Co.) has slaves and hogs for sale.” 1750- may have moved to Baltimore Co, where he was listed in the debt book as owning 100 acres “Wiltshire”. 1752-- Aaron RAwlings, living near London Town, reports a stolen horse. 1754. : Baltimore Co. Debt Book (Willshire). 1755- may have joined Gunpowder Friends meeting on 26 November 1755. On 14 Dec. 1725 when Aaron was 19, he married Susannah Beard-All Hallows Parish
Land Office military Warrant No. 1648
To the principal surveyor of land set apart for the officers and soldiers of the Commonwealth of Virginia. This shall be for Moses Rawlings sole her of Moses Rawlings dec. his heirs or assigns, the quantity of Nine Thousand and fifty five acres of Land, due unto the said Moses a heir aforesaid in consideration of the services of Moses Rawlings dec a colonel in the War, agreeably to a Certtificate from the Governor and Council, which is rendered into the Land Office
|9 Novbr 1855|
I hereby certify that foregoing are true transcripts of tested copies on file in this Office
In testimony whereof I have hereunto subscibed my name [unreadable] of this office to be affixed at the City of Washington on the day and year above written
Moses Rawlings Dec'd viz Moses Rawlings 9055 acres No 7648 Jro 15 Mar 1834 Received Book No G P. 321 Warrant 9959 assigned to Wm. L. Rawlings Adm of Moses Rawlings $45.80 Jany 5th 1886 Ins. F. Webb Washington City
|EXECUTIVE DEPARTMENT RICHMOND, 14 March 1834 The heirs of Moses Rawlings are allowed Land Bounty for his servieds as a colonel in the Continental Line from the 22d day of June 1775 to the end of the war, if not heretofore drawn. The Register will issue a warrant accordingly. Signed John Flloyd|
Know all men by these presents that I Moses Rwlings of Maryland & Sole heir and legatee of my Father the late Col. Moses Rawlings of Hampshire County in the State of Virginia Decd have constituted and appointed, and do hereby Constitute and appoint, as my Special agent and Attourney George Mc Culloh [This was the name of his father in law] of the State of Maryland, to demand of and receive from the register of the Virginia Land Office, or other officer the WArrant or WArrants for land due by the State of irginia, to the Heirs and Legatees of Col Moses Rawlings of the said state deceased for the services of the said Dec rendered in the war of the REvolution, in the Virginia Line of Continental Establishment, Hereby given unto the said George M Culloh all my power and authority to act in the buisness, as fully, as if I were personally present . In witness whereof I have herunto set my hnad and Seal this eighteenth day of February Eigheen hundred and thirty four.
Moses Rawlings Seal[Tute]
J Marshall Chief Just of the Supreme Court
[This was John Marshall's next-to-final session of the Supreme Court-- he died July 6, 1635 -- he was very sad about the direction of the country under Jackson-- and his fears were borne out as Jackson stacked the courts with the likes of Tanney. ]
I am of the opinion that under this will of Moses Rawlings his claim to land bounty passed to his natural children Ann Moses & Lloyd-- and that on the death of Ann and Lloyd thier interest by our statute of descents adn distribtuions passed to Moses Lloyd and Elizabeth McMahan the mohter of Ann, Lloyd and Moses. I therefore advise the REgister to issue the warrant fro the land bounty land of Moses Rawlings-- to Moses Rawlings &l Elizabeth McMahon -- I have been prevented by my engagements from examining what prtion passed to the mother Ez Mc Mahon and what to M. Rawlings but am told it is not now material to ascertain that portion.
I have not been able to write out an full opoinion on this case
S S Baxter Atty Genl Jany 6th 1836
Overcopied on page
for 6 yrs service 6666 2/3 acrs
for 2 yrs service 2222 1/3
9055 1/2 acres the fees on which are $45.80
I do hereby testify that I have known Mr. Moses Rawlins the within named petitioner & who is as far as I no and believe is the only living heir or legal representative of the late Col Rawlins deceased late of Hampshire & State of Virginia & that I have been well acquainted with him for several years given under my hand in Richmond March 14th 1834
Wm Vance a Deligate from Hampshire
Henrico County totitil:
Rec of the Register of the Land office Vig a military warrant No 7648 for 9055 acres paid this 15th day of March 1834 to the heirs of Moses Rawlings dec.
Geo M Culloh
I do hereby testify that I am well acquainted with Mr. Moses RAwlings whose signature is attached to the foregoing power of attorney and I believe him to be the only heir and legal representative of the late Col. Moses RAwlings of Hampshire County State of Virginia
City of Richmond, To wit this day, John Myerz, made oath before me, that the foregoing statement, by him subscribed is here. Given under my hand, this fifteenth day of March, Eighteen hundred thirty-four.
Joseph Tate, [Jeynor]?
Virginia Hampshire County [-]
In witness whereof I have hereunto set my hand and seal of Office this 24 day of March 1834 John B White
General Land Office
I transmit herewith for your examination a Copy of Warrant No. 7648 issued to Moses Rawlings sole heir of Moses Rawlings dec: a Col in the Va continental line from the 22nd day of June 1775 to the end of the War for 9055 acs which was [sur_d] and to this office by Mr. McCulloch for [Luia] together with other papers filed by the agent of the heirs at law of Moses Rawlings who claim to be entiteld to the Bounty Land granted by Virginia-
Similar copies have been furnished to Virg= Mary Esq for Mr. Mc Culloch
The respective Claimants fo the Bounty land I prese__ will make their appearance at Richmond for the settlement of this case-
Should your Deceision be advers to teh present Warrant, the Warrant will be returned on your request.
In submitting this case for your reexaination I beg leave to call you attention to the large quantity granted for the services of Moses Rawlings who is represented as having been a Col from 1775 to the end of the War, for this reason, that the U=S= have always refused to award any Bounty land to the said Rawlings, in consequence I believe of a resolution of Congress of 30 June 1780 in Vol 4 page 660 and is in the following Words viz: On a report of a Committee consisting of Mr. Pinkeny, Mr. Johnson, Mr. Lawrance, Mr. King & Mr. Long to whom was referred a memorial of Moses Rawlings, Late a Lieutenant Colonel in the Service of the United States. Resolved that Lieutenant Colonel Moses RAwlings having resigned his Commission, in the Service of the United States before the conclusion of the late War, cannot be allowed those emolumnenty promised to teh Officers who shall conintue in service to the end of the War.
Very respectfully Sir your [_}
Wm Selden Esq. Registrar Richmond Va.
This Indenture made this 23rd day of December in the year 1835 between THOMAS HILLEARY AND ELIZABETH HILLEARY of the one part and Moses Rawlings of the other part. Witnesseth that Whereas Moses RAwlings Decd formerly an Officer in the Army of the REvolution, became entitled on account of his Military service to nine thousand and fifty five acres of Military bounty land, and being so entitled made his wll bearing date the 15th of September eighteen hundred an seven, proved and amitted to record in the Court of Hampshire County Virginia on the 15th of May eighteen hundred and nine, whereby he gave his reidurary estate, real and personal, to his two children Lloyd Rawlings and Moses Rawlings; and to the child or children with which the said Elizabeth the mother of Lloyd and Moses [at least one line is missing on my copy] them; which child then in ventre sa mgre was afterwards born alive; and together with teh said Lloyd and Moses became entitled under the residuary clause aforesaid to the afroesaid bounty land-- that is to say, each to one third part, thereof, and the other two children aforesaid of the said Elizabth having died intestae, a Military Warrant for nine thousand and fifty five acres of land bearing date the 15th of March eighteen hundred & thirty four has issued frrom the land Office of Virginia to the said Moses Rawlings, the son of the said Elizabeth his heirs and assigns in consideration of the services of thes said Moses Rawlings decd as a Colonel in the Continental Line from the 22nd day of June 1775 to the end of the War and Whereeas it has been suggested to the said Elizabeth that on the deaths respectively of her two children as aforesaid, a protion of the interest of each in the bounty land afrroesaid descended to her the said Elizaeth as one of the heirs of each of her children aforesaid, and that she is therefore in part entitled to the benefit of the said Military warrant and Whereas the said Eliabeth is desirous that her son the said Moses Rawlings should possess a sure, complete and indefeasible title in and to the said miltry warrant and the land therein mentioned, and that he and his heirs should enjoy the full nad exlcusive benefit of the same; and to that end beeing willing to convey and release to her said son Mose all her estate, interst, right, title and cliams if any she hath in and to the Military land bounty, to which hte said Moses RAwlings decd. and under him her three children aforesaid, were entitled and in an to the military warrant aforesaid -- there in consideration of the promise and of the natural love and affection which the said Thomas Hilleary and Elizabeth Hilleary bear to the said Moses RAwlings son of the said Elizabeth, and in further consideration of the sum of one dollar by the said Moses to the said Thomas Hilleary and Elizabeth Hilleary in hand paid, the said Thomas Hilleary and Elizabeth Hilleary have gien granted bargained, and sold, remised released, and confirmed and by these presents do give, grant, bargain and sell, remise release and confirm unto the said Moses Rawlings his hers and assigns, all estate, interest, right, title, claim and demand whatsoever fo the said Thomas and Elizabeth of this and to the aforesaid Military warrant and the land therin mentioned, with all their right; privilege and appertenance of every kind, to him the said Mose sRawlings his heeirs and assigns forever-
In testemony whereof the said Thomas Hilleary and Elizabeth Hilleary hereunto set their hand and affixed their seals the day and year first above written
signed sealed and delivered in presence of Thoams Dickson, James Adams
State of Ohio Knox County to wit
We Thomas Dickson and James Adams in the State of Ohio do herby certify that Thomas Hillery a party to a certain deed bearing date on the 23rd day of Decmber in the year 1835 and hereto annexed, personally appeared before us in our County aforesaid, and acknowledged the same to be his act and deed and dea___id us to certify the said acknowledgment to the Clerk of the County Court of Henrico in the State of Virginia in order that the siad deed my be recorded-
And We hereby further crtify that Eliabeth the wife of the said Thomas Hilleary parties to the deed aforesaid personally appeared before us in our County aforesaid and being examined by us privily and apart from her husband and having the deed afroesaid fully explained to her she the said Elizabeth acknowledged the same to be her act and deed and declared that she had willingly signed sealed and delivered the same and that she wishes not to retract it-- Given under our hands and seals this 23rd day of December in the year eighteen hundred adn thirty five
At a court held for Hampshire County the 28th day of December 1835 the same being a court of reocrd
On this 28th day of December 1835 personally appeared in open court WILLIAM LYNN of Cumberland Alleganey County Maryland and mae oath that he was well acquainted with Lloyd, Moses and Ann Rawlings from their infancy up to the death of Lloyd and Ann all the children of Col Moses Rawlings of the REvoutionary army that he has always understood and believes that Lloyd died at Romney in the county of Hampshire and state of Virginia after had had attained the age of twenty one years and without having every been married or having issue, that Ann Rawlings died at her brother Moses Rawlings hous in Allegany county state of Maryland before she attained the age of Twenty one years and without being married or having issue and that he was present at her interrinment in the town of Cumberland that Moses Ralwings is now living in Frostburg Allegany County state of Maryland and with whom he is intimately acquainted, that Ann died some time after her brother Lloyd.
On the 28th day of December 1835 personally appeared David Gibson of the said county in open court and made oath that he was well acquainted w/ lLLoyd Rawlings decd late of te h county aforesaid and that the said Lloyd Rawlings died in teh town of Romney in the county aforesaid about the year 1824 and that the said Lloyd Rawlings was upwards of twenty one years of age at the time of his death as this affiant believes.
John B White of lawful age on this 28th day of December 1835 personally appeared in open court and being first duly sworn deposeth and saith that Lloyd Rawlings the eldest son of the late Col moses Ralwings died in the town of Romney in the year 1824 and was at the time of his death as affiant believing above the age of twenty one years affiant further states that he has been informed and believes tha Nancy Ralwings the daughter of said Col Moses Rawlings died some time agao in the town of Cumberland in Maryland Affiant further states that he is well acuainted with Moses Rawlings the only surviving child of said Colo Rawlings.
and the Court doth certify that the said WILLIAM LYNN, DAVID GIBSON AND JOHN B WHITE are worthy of credit upon oath do herby certify that the foregoing is a true transcript formm the record of said court.In testimony whereof I have herunto subscribed my name and affixed the seal of said court this 28th day of December 1835 and in the 60th year of the Commonwealth
John B White
Know all Men by these Presents , that I Wm L Rawlings of the County of (blank) in the State of Maryland the Administrator and also one of the legal heris of the late Col Moses Rawlings ded who was an officer of the Revolutionary War do hereby consitute and appoint James T. Sutton, Jr., of the city of Richmond and State of Virginia My true and lawful Attorney for Me and in My name to receive from the United States and State of Virignia, or either, any land warrant, scrip, half pay, comutation, or other emoluments that as such adnos may be entitled to receive on account of the military services of Said Col Moses Rawlings in the Revolutionary war; and said Attorney is fully authorized to do whatever may be neceassary for us to do, in order to receive said emoluments and as effectually as if we were personally present and did the same, although it might require fuller and more definite authority than is herein expressed and in the eent of his receiving any scrip in lieu of Virginia Military Lan Warrant, said attorney is authorized to sell and assign such scrip for said attonrey is authorized to sell and assign such scrp for a proper distribution among the parties entiteld to receive the same; and is fully authorized to institute suit for the recovery of any land rightfully belonging to the heirs of said Moses Rawlings whether in Va , Ohio Kentucky, located int he name of said Moses RAwlings or his legal Representive and to make compromises, if a tany time in his judgement he may deem it expedient to do so. Said Sutton to incur all expenses o any suit he may instute -- unless agreed to by me in writing. Hereby ratifying and confirmeing whatever our said Attorney may lawfully do in the premises.
Witness my hands and seal this first day of Janurayr, 1886. Sealed and delivered in the presence of Wm. L. Rawlings [Seal] Admin of [Seal] Moses Rawlings decd [seal]. W Sig unreadable.
13 May 1986