John Tomlinson (abt. 1756 - 1833)

Born about 1756 in Wills Creek, Prince George's, Maryland, British America

Ancestors

Descendants

Died 31 May 1833 at about age 77 in Cumberland, Allegany, Maryland, United States

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Biography

Note

Note: WFT Vol 9, tree 2985

Sally Ryan Tomlinson refers to this John b. by 1774 and married Sarah. Five children baptized by Rev. Robert Ayres, a Methodist who switched to Episcopal. 5 Jun 1789, assigned to Redstone Fort, Brownsville. In 1786 he dined with Mr. Cresap, just out of Old Town, over Potomac into VA and baptized children of Isaac Cox-Sarah, David Cox -Rebecah. He traveled to DE, MD, OH, PA, VA.

Research Notes

The Tomlinson Story© Joseph Tomlinson https://homepages.rootsweb.com/~marcie/american/tstory.html John of Wills Creek, husband of Hannah, was the son of Joseph and Rebecca Swearingen Tomlinson. There is no birth record or piece of document that names his parents. What we do have is a John named in Joseph III bible records as Joseph and Rebecca�s son and will of Nathaniel, son of Joseph and Rebecca, naming him as his brother. There was other Johns in the which area makes it difficult to distinguish between them and to be sure our John is the John of Joseph.

Proving that the John, husband of Hannah, is the son of Joseph and Rebecca must be done by other records namely land records. By following the land record of a certain tract of land called Wills Town , there is the proof. Joseph deeded John, along with his brothers, lots in Wills town Joseph did not name them as his children in the deeds but we know from other sources that the Samuel named in the Wills town deeds was a son of Joseph. When Samuel died young with no children, his land in Wills town was probated to John naming him a brother on the deed. Thus leaving one of the most important proofs of relationship to Joseph Sr.

More proof is in a deed dated 12 July 1814 and recorded 4 Dec 1814 in Allegany county Maryland Book G page 530. It states John Tomlinson of Allegany county Maryland deeded to Christian Albright of Bedford county Pennsylvania for $400. All that part of land being part of a tract of land called WILL TOWN and a part there of that lies in Bedford county Pennsylvania boarding the original track WILLS TOWN containing 100 aces , witness John Scott and George Hoffman and Hannah Tomlinson wife of John released her dower. Thus the John husband of Hannah was the John, Joseph deeded part of Wills town to in 1771.

Family tradition says John was married twice and they had issue John , Joseph and Lucy. I have yet to prove that. When we look at the land deeds we find Hannah his wife relinquishing her dower rights between 1792 and 1832. This means Hannah only had rights to those deeds purchased by John during their marriage and not before. I have found no other deed where it mentions another wife. John would have been of age to marry in about 1759. Hannah released her dower on the 1814 Wills Town deed which was first deed to John in 1771, meaning she was married to John by 1771 at which time John was about 32. This leaves a gap of about of only 12 years from the time he would have been old enough to marry and the 1771 deed, and just enough time for John to have another family. I am not so sure John had another marriage and that possibly he married later in life to Hannah.

Family tradition says Hannah maiden was Devore. I or anyone else have yet to prove this. The fact is the two families had a lot of interaction with each other and lived ether near each other or on each others land or buying Tomlinson land. A Jacob Devore was a witnesses to Hannah�s will dated 17 January 1839. Cornelius Devore of Bedford county Pennsylvania bought from Joseph Tomlinson Jr. the upper part of the fifth lot in Wills Town on 19 February 1784, putting him on the west side of Wills Creek near John and Benjamin Tomlinson. Hannahs�s granddaughter Margaret Tomlinson married James Devore son of Charity Devore and Philip Devore of New Jersey. There is a connection with Cornelius, Philip, Jacob and Hannah Devore, what it is still needs to found.

The Devores again shows up in association with Tomlinson in a Pennsylvania Supreme Court case of the Republica (commonwealth) against John Devore in April 1795. In this case John Tomlinson is the freehold of 140 acres, wooded and arable land, was renting it to John Baker. John Baker in turn permitted Cornelius Devore to come in to possession of the land in 1792. John Devore cultivated the land for his brother Cornelius but no one lived on the land. John Tomlinson asked John Devore in 1793 to accompany him to the farm and then there at the farm asked John Devore to give him his possessions. John Devore refused and said he could not, for the right was his brother�s, Cornelius Devore. John then laid his hand gently on him and desired him again to deliver up the possession. John Devore stepped back and picked up a stick and bid him stand off. John who admitted he felt no fears but expected to be struck if he pressed him further. All in all the judge in the end was in favor for John Devore. The judge went on to say John Devore was invited on the land by John Tomlinson for the purpose of provoking him to some act of outrage and Baker was certainly guilty of allowing Cornelius to obtain possession of the land and Tomlinson should have remedy the problem through the procedure under the landlord and tenant act.

John Sr. for the last 10 to 15 years of his life had a sore leg in which Jesse and his children helped John Sr. by and was there for him. On Monday May 27 1833 John Sr. signed over $1,000 in notes to his grandchildren, John died the Friday after that May 27, 1833 in early June.

About two and half months after Johns death on Thursday the 22 of August, Hannah Tomlinson, widow and Jessie her youngest son went before Allegany county court to file for letter of administration on the estate of John Tomlinson, Dec. The Saturday August 31 the court denied her request and granted administration to Thomas I McKaig.

Sale of John personal estate was conducted on September 10, 1833. Hannah Tomlinson bought the bureau, bedding, 1 cow, jerk, iron and holder, tea kettle, iron pot, 2 pot trammels , 2 tin buckets, copper mile, earth crock, and chairs.

The next pages are of the next court date Monday the 18th of December 1836. George McVicker witness on the part of the defendants saying " That he does know the parties , cannot say how long, but has known them some time, six or seven years. He was present when the assignment was made and that exhibit C is a true copy of said assignment . Mr. Buchanon talked with the old gentlemen and asked him if he wished this money, which he was then assigning to Jesse�s children to be for the present children or if he should have any other children whether they should have or not. Mr. Tomlinson answered No he wished it for the present children. Mr. Buchanon wrote the assignment in presence of the witnesses and the old man. He was held up in the bed by James Robinson and young John Tomlinson. Mr. Buchanon then read the assignment and asked him if it was as he wished. I think the old man said it was. Mr. Buchanon then reached him the pen and he made his mark. I do not know whether his hand was directed or not but I think it was. I think it was put to the place. He said nothing after he made his mark until he was laid down in bed, immediately after which all the witnesses sighed it as witnesses. The old man was not looking at the witnesses while they were signing that I know of but I suppose that he knew that they were signing. The old man was in a very low state at that time I cannot say that I saw any improper influence connected upon him He had a sore leg which was very painful and had been sore from ten to fifteen years. His grandson, John, was very careful in waiting on him. I think he was very fond of John and I have heard him say that Jesse, and Jesse�s children had done more for him than any of his other children. I do not think it was more than two days after the assignment that he died, it was the Friday night after that, he died. He was very much against Samuel and Jacob and I think I heard him say that he would never do any thing for Jacob. The Friday evening before he was taken sick I Heard him say that he wished to die his own executor, I thought he meant that he wished to settle all his business before his death, so that no one would be put to the trouble of settling his affairs after he was dead. I know nothing as to him and his wife. After the assignment , Mr. Buchanon asked him what he wished done with the notes which were assigned. I think he said that he wished them to be given to his son Jesse. I did not hear them ask him anything except once, I heard John ask him if he wished him to have the old mare as they had been talking about it and he said Yes. This conversation was four or five days before the assignment. During his sickness, I do not think that he was at all times in a sound mind and I will tell you my reason, he wished to have a bucket of boiling water to put his leg in. This conversation I think took place either the night before or the night of the assignment. That night he frequently called for boiling water to put his leg in, his leg was very painful and had mortified and appeared to be the greatest part of his misery. They took him in an other room and warm water was brought him, he put his hand in it and appeared to be angry, because, as he said, it was not hot enough. I suppose he thought the water would relieve his leg . From this time to his death I can hardly think he was capable of doing business. I could see nothing during the whole of his sickness, which showed that he was deranged, except the hot water. He talked continually, during his sickness, of the notes until the assignment was made after which he said no more about them. In his conversation he said nothing about the assignment but wanted new notes drawn. Judging from the previous conversation which I had with him, when in health I thought that he had an idea of what he wanted done. They met again on Thursday December 21st and John M Buchanon gave the following testimony. I know them both and I have been in the county fourteen years and have known Jesse Tomlinson the most of that time. He died in the early part of June eighteen hundred and thirty three. I do not recollect distinctly but I an under the impression that his grandson, John, of Jesse, stood behind him and steadied or directed his hand in assessing his mark to said assignment. I know nothing about his conduct and do not believe that he was in sane, although from protracted indisposition and the infirmities of age, for the was upwards of ninety, as he told me, he had, in a great measure lost his reasoning faculties and was not capable of disposing of any amount of property that required the exercise of his judgment. I would answer that his mind was in that state owing to causes set forth in the answer to the preceding interrogator and that it could be operated upon by those by whom he was immediately surrounded and for whom he had formed an attachment. By those who surrounded him I mean Jesse Tomlinson and his children. I think I heard John Tomlinson, son of Jesse say that he might have induced his grandfather to give him the thousand dollars just as easy as what he did give him. I am induced to believe he would, from the fact that he told me repeatedly, whilst in a healthy condition that he wanted the interest accruing on this money, to be paid to his wife, she outlived him, and the old man told me that he intended to leave this interest and his black girl, Phoebe, to the old woman, his wife, as long as she lived and he thought that this with her thirds off the land would be sufficient to support her. He was afflicted with a sore leg. In the winter off eighteen hundred and thirty or thirty one his son Samuel cut his wrist with a butcher knife, Samuel Tomlinson came to me and asked me if I had a butcher knife, I told him I had. I was keeping store near there at the time ,I sold him a butcher knife and I ��..The rest is missing.

The jury came to the verdict that John was not capable of making a valid contract. Jesse Tomlinson and John Buchanon is to hand over the notes to the Administration of John�s estate . On December 10, 1839 the fourth account of John�s estate was recorded. Money was paid out to pay costs of the administration. The rest went to Hannah, Jacob, Jesse Tomlinson, and 10 heirs names unknown.

Hannah filed her will on 30 of May 1839. It was proven 11 June 1839. Hannah die between January 17 and May 30, 1839 leaving her whole estate to her son Jacob Tomlinson with no contest.

Sources

• Name: John Tomlinson

Home in 1800 (City, County, State): Cumberland, Allegany, Maryland Free White Persons - Males -10 thru 15: 3 Free White Persons - Males - 16 thru 25: 1 Free White Persons - Males - 45 and over: 1 Free White Persons - Females - 16 thru 25: 1 Free White Persons - Females - 26 thru 44: 1 Number of Slaves: 2 Number of Household Members Under 16: 3 Number of Household Members Over 25: 2 Number of Household Members: 9

Believe this is him - Year: 1800; Census Place: Cumberland, Allegany, Maryland; Series: M32; Roll: 9; Page: 21; Image: 20; Family History Library Film: 193662