52 Ancestors #18: Matthew McMullin (bef 1765-c1816): Court Cases Tell the Tale

Ancestor: Matthew McMullin/McMullen, four times great grandfather
Haplogroup: R-M269

My four times great grandfather Matthew McMullin (or McMullen) was a gift that DNA testing provided a year ago when a match contacted me, who was a long-time McMullin researcher. His tree provided the name of my "new" four times great grandfather. Previously, Matthew's daughter Mary "Molly" or "Polly" McMullin, first wife of James Harvey Beard, had been a brick wall.

Matthew's parents are said to be Robert McMullin (c1710-1789) and Susannah, maiden name unknown. I have not yet begun to research those parents. If Robert and Susannah were Matthew's parents, then it is likely he was born in York County, Pennsylvania, as his father lived there about the time of his birth. His parents or grandparents are believed to have emigrated from Ireland. I do not know when Matthew married, or the maiden name of his wife, whose given name is said to be Margaret. I do know, based on the 1810 census, he was born before 1765; and, based on probate records, died before 25 January 1816. His estate was probated in Bedford County, Virginia, and three ensuing Chancery Court cases in Bedford and Botetourt counties provided a wealth of information about his descendants.

Click image to enlarge.
Extended family of Matthew McMullin, Sr.; created using
Microsoft PowerPoint

In 1786, Matthew McMullin lived in York County, Pennsylvania, according to the state's Septennial census. He was also enumerated in the first federal census of 1790 in York County and was one of 21 men named McMullin heading up households in the county. There were seven people in Matthew's household and no slaves. Slavery had been abolished in the state in 1780, but through gradual emancipation:

"That all Persons, as well Negroes, and Mulattos, as others, who shall be born within this State, from and after the Passing of this Act, shall not be deemed and considered as Servants for Life or Slaves; and that all Servitude for Life or Slavery of Children in Consequence of the Slavery of their Mothers, in the Case of all Children born within this State from and after the passing of this Act as aforesaid, shall be, and hereby is, utterly taken away, extinguished and for ever abolished."[1]

According to the History of York, Pennsylvania, Scot-Irish settlers began arriving in the Pennsylvania about 1715:

"At the time of its settlement, the population of Pennsylvania by immigration, principally from Germany and the north of Ireland, was increasing at a rate of 5,000 to 6,000 a year. That of the Scotch-Irish began about 1715, and the number annually increased to such an extent that the Provincial Secretary in writing to the proprietaries, says 'It looks as if Ireland is to send all her inhabitants, for the last week not less than six ships arrived, and every day two or three ships arrive also. The common fear is they crowd where they are not wanted'."

Some time after 1790 but before 1793, Matthew moved his family to Virginia. He may have first lived in Botetourt County, likely having taken the Great Wagon Road. The road was the most important frontier road in the western Piedmont during the eighteenth century. It began in Philadelphia, crossed westward to Gettysburg, turned south to Hagerstown, Maryland, continued south to Winchester, Virginia, and through the Shenandoah Valley, continuing on through North Carolina into South Carolina and Georgia. It was originally a Native American hunting trail called the Warrior's Path. Colonists began using it in the mid 1700s. At first the path was so narrow only a horse-mounted rider could use it, becoming more impassable as travelers entered the wilderness of Virginia. But as the settlers made their way along the road, they cut trees, found suitable fords to cross rivers, and worked around obstacles until wagons could use the route.

After the move to Virginia, Matthew, Sr.'s children began to marry:

• Jane to Joseph Withrow between 1790 and 1793 in Botetourt County
• Elizabeth to William Gilkerson on 23 December 1794 in Botetourt County
• Matthew, Jr. to Mary "Polly" Wysong on 18 August 1801 in Botetourt County
• Samuel to Elizabeth Weaver on 27 January 1803 in Franklin County
• Mary "Molly" or "Polly" to James Harvey Beard on 21 June 1811 in Bedford County
• Robert married Hester "Hetty" Beales on 12 October 1813 in Botetourt County

In 1810 Matthew's household was enumerated in Bedford County, Virginia. There were five people in the household and two "other free persons." He and his wife, Margaret, were over 45 years of age. My assumption is the 16- to 25-year-old female was daughter Mary, who would marry the next year and the two 26- to 44-year-old males were their sons, Daniel, Robert or William. Robert did not marry until after the 1810 census was taken and Daniel died unmarried so they are good possibilities. I have not been able to find a trace of son, William, except in the Chancery court cases; one of which stated he died unmarried and without issue before his brother, Matthew, Jr.

His daughter, Jane (McMullin) Gilkerson, had moved with her husband and children to Mercer County, Kentucky, where they were enumerated in the 1810 census.  Jane likely died some time before 1820 as she was not enumerated in that census. Her widower and several children eventually removed to Parke County, Indiana.

Daughter, Elizabeth (McMullin) Withrow had eight children in Virginia before moving with her family to Washington County, Kentucky, in 1811. She had two more children there before she died some time before 1822. Her widower and several children removed to Sangamon County, Illinois.

Son, Samuel, may have moved first to Kentucky, but married again in 1824 in Wayne County, Indiana. According to his headstone, he died in 1838 in St. Joseph County, Indiana.

Click image to enlarge.
Analysis of the 1810 census for the Matthew McMullin, Sr. family group;
created using Microsoft Excel

Based on the Chancery cases, I believe the McMullin, Sr.'s children lost touch with their siblings who moved away from Bedford County.

Probate

Matthew McMullin, Sr. died some time before 27 January 1816 when an inventory and appraisement of his estate was recorded at the Bedford County court house. He died intestate and the court appointed his son Matthew, Jr. administrator of the estate, which was not completely settled until after the death of Matthew McMullin, Jr. in 1828. The final account was submitted to the court on 28 January 1828 by the administrator of Matthew Jr.'s estate.

Bedford County, Virginia, Will Books 4-6, 1811-1828; courtesy of Ancestry.com

In the final account of Matthew, Sr.'s estate is this item:

"1 February 1816: To cash paid to John Deardoff and others for furnishing two coffins one for M. McMullin, Sr. and the other for his wife @ $5.00 each."

This leads me to believe Margaret McMullin died around the same time as her husband. The couple may have died of a disease which required they be cared for before their death. Again, from the final estate account:

"20 January 1816:  To cash paid 3 gallons whiskey when several people was waiting on the sick and digging graves."

Chancery Court Cases

After Matthew McMullin Sr.'s death, each of his children inherited a share of his land. His son, Matthew, Jr., bought his siblings' shares (though this was contended by the heirs of his brother, Robert) and then sold the tract to William R. Jones in two separate transactions. Jones paid some money down and was to pay off the rest of the land in a series of annual payments. Matthew, Jr. was to provide Jones clear title to the land before then. However, before Jones made the first annual payment, Matthew, Jr. died.[3] William R. Jones was appointed administrator of Matthew Jr.'s estate.

Jones filed a bill of complaint in the Bedford County Chancery Court in 1832. He sued Matthew, Sr. and Matthew Jr.'s heirs for clear title to the land he had agreed to purchase from Matthew, Jr. On 29 May 1834, Daniel McMullin, filed suit in Botetourt County against William R. Jones, administrator of his brother's estate, for payment of the land Matthew, Jr. had purchased from him after their father's death. He received a judgment against Jones in October 1835. However before Jones paid him as directed by the court, Daniel McMullin died. His administrator and brother-in-law, James Harvey Beard, filed a bill of complaint in Bedford County against William R. Jones and all the heirs of Matthew, Sr. and Matthew, Jr. to collect on the payment Jones was directed to make to Daniel McMullin by the Botetourt County courts.

The three cases took until 1845 to resolve. And after reading 121 pages of court files, I have no idea what the final decree ordered. The case in Botetourt County has not yet been digitized but the two cases heard in Bedford County were pure gold for a genealogist as they laid out three generations of Matthew McMullin, Sr.'s family.

A Word about Mary "Molly or Polly" McMullin

Mary McMullin was a daughter of Matthew McMullin, Sr. and his wife, Margaret, and my three times great grandmother. She was born between 1781 and 1790 likely in York County, Pennsylvania. She married James Harvey Beard on 21 June 1811 in Bedford County, Virginia. Harvey and Mary had four known sons before she died, which was sometime before 1850, when Harvey married for the second time. I know as little about her as I did when I took over our family genealogy research from my father. However, I have learned a great deal about her family and I am sure there is more to learn as I continue my research.

This is my entry for Amy Johnson Crow's 52 Ancestors in 52 Weeks. The theme for this week was "Close-up," which I did not follow.

Using the Ancestral Reference Numbering System, Matthew McMullin is Ancestor number 74 on my family tree:

74 Matthew McMullin, Sr., born before 1765 likely in York County, Pennsylvania ; died before 27 January 1816; married Margaret, maiden name unknown.

74.1 Elizabeth McMullin likely born in Pennsylvania on an unknown date; died before 1822 in Washington County, Kentucky; married Joseph Withrow in between 1790 and 1793 in Botetourt County, Virginia. Removed to Washington County, Kentucky, where her husband remarried after her death.

74.2 Daniel McMullin born between 1784 and 1794 likely in Pennsylvania; died between October, 1835 and 25 December 1836 likely in Virginia; unmarried and without issue.

74.3 Jane McMullin born before 1784 likely in Pennsylvania; died before 1820 likely in Mercer County, Kentucky; married William Gilkerson on 23 December 1794 in Botetourt County, Virginia. They later removed to Mercer County, Kentucky

37 Mary "Molly or Polly" McMullin born between 1790 and 1794 likely in Pennsylvania; died before 1850 likely in Bedford County, Virginia; married James Harvey Beard, son of Samuel Beard and Mary Mitchell, on 21 June 1811 in Bedford County.

74.4 Matthew McMullin, Jr.,  born after 1776 likely in Pennsylvania; died before 22 September 1828 likely in Bedford County, Virginia, perhaps on 4 July 1828; married Mary "Polly" Wysong, daughter of Feidt "Fayette" Wysong and Elizabeth Phemach, on18 August 1801 in Botetourt County.

74.5 Robert McMullin perhaps born after 1784 likely in Pennsylvania; died before 1 February 1816 when his estate was appraised in Botetourt County; married Hester "Hetty" Beales, daughter of Jonathan Beales, on 12 October 1813 in Botetourt County.

74.6 Samuel McMullin born 31 August 1782 likely in Pennsylvania; died on 8 September 1838 in St. Joseph County, Indiana; married 1) Elizabeth Weaver, daughter of Jacob Weaver, on 27 January 1803 in Franklin County, Virginia, and 2) Susannah Walters on 9 March 1824 in Wayne County, Indiana.

74.7 William McMullin likely born in Pennsylvania; died before his brother Matthew McMullin, Jr., unmarried and without issue.

_______________
[1] 1780: An Act for the Gradual Abolition of Slavery, Statutes at Large of Pennsylvania (accessed 27 April 2018)
[2] This date is from a biographical sketch of Joseph Withrow in History of the Early Settlers of Sangamon County, Illinois, and is likely not correct as Matthew McMullin's family was enumerated in York County, Pennsylvania, in 1790.
[3] Bedford County Chancery case 1845-017, page 9, stated Matthew McMullin, Jr.'s death date was 4 July 1829, but this cannot be correct as an inventory and appraisement was filed with the Bedford County court on 22 September 1828.

Sources:

1780: An Act for the Gradual Abolition of Slavery, Statutes at Large of Pennsylvania (accessed 27 April 2018)
1790 US Census, (database and images) FamilySearch, Matthew Mcmullan, Mixed Township, York, Pennsylvania, United States; citing p. 407 NARA microfilm publication M637, (Washington, DC: National Archives and Records Administration, roll 9, FHL microfilm 568149 (accessed 11 Mar 2017).
1810 US Census, (database and images) FamilySearch, Joseph Withrow, Washington, Kentucky, United States, citing p. 338, NARA microfilm publication M252 (Washington, DC: National Archives and Records Administration), roll 8, FHL microfilm 181353 (accessed 27 Apr 2018).
1810 US Census, (database and images) FamilySearch, Matthew Mc Mullen, Bedford, Virginia, United States; citing p. 14, NARA microfilm publication M252 (Washington, DC: National Archives and Records Administration), roll 67, FHL microfilm 181427 (accessed 11 Mar 2017).
1810 US Census, (database and images) FamilySearch, Matthew Mcmullen, Bedford, Virginia, United States; citing p. 15, NARA microfilm publication M252 (Washington, DC: National Archives and Records Administration), roll 67, FHL microfilm 181427 (accessed 11 Mar 2017).
1810 US Census, (database and images) FamilySearch, Samuel M Mullin, Franklin, Virginia, United States; citing p. 302, NARA microfilm publication M252 (Washington, DC: National Archives and Records Administration) roll 68, FHL microfilm 181,428 (accessed 12 Feb 2018).
1810 US Census, (database and images) FamilySearch, William Gilkison, Mercer, Kentucky, United States; citing p. 314, NARA microfilm publication M252 (Washington, DC: National Archives and Records Administration), roll 7, FHL microfilm 181352 (accessed 18 Feb 2017).
1820 US Census, (database and images) FamilySearch, Daniel Mcmullen, Northern District, Bedford, Virginia, United States; citing p. 44, NARA microfilm publication M33 (Washington, DC: National Archives and Records Administration), roll 133, FHL microfilm 193692 (accessed 15 Feb 2018).
1820 US Census (database and images), FamilySearch, Harvey Beard, Northern District, Bedford, Virginia; citing p. 34, NARA microfilm publication M33, (Washington, DC: National Archives and Records Administration), roll 133; FHL microfilm 193692 (accessed 16 Jun 2014).
1820 US Census, (database and images) FamilySearch, Matthew Mcmullen, Northern District, Bedford, Virginia, United States; citing p. , NARA microfilm publication M33 (Washington, DC: National Archives and Records Administration), roll 133, FHL microfilm 193692 (accessed 11 Mar 2017).
1820 US Census, (database and images) FamilySearch, William Gilkerson, Mercer, Kentucky, United States; citing p. 97, NARA microfilm publication M33, (Washington, DC: National Archives and Records Administration), roll 26, FHL microfilm 186186 (accessed 11 Mar 2017).
1830 US Census (database and images), FamilySearch, Harvey Beard, Bedford, Virginia; citing 124, NARA microfilm publication M19, (Washington, DC: National Archives and Records Administration), roll 194, FHL microfilm 29673 (accessed 16 Jun 2014).
1830 US Census (database and images), FamilySearch, Joseph Withrow, Sangamon, Illinois, United States, citing 148, NARA microfilm publication M19, (Washington, DC: National Archives and Records Administration), roll 24, FHL microfilm 7649 (accessed 30 Apr 2017).
1840 US Census (database and images), FamilySearch, Harvey Beard, Southern District, Bedford, Virginia; citing p. 271, NARA microfilm publication M704, (Washington, DC: National Archives and Records Administration), roll 550, FHL microfilm 29683 (accessed 16 June 2014).
1840 US Census (database and images), FamilySearch, Jos Withrow, Sangamon, Illinois, United States, citing p 41, NARA microfilm publication M704, (Washington, DC: National Archives and Records Administration), roll 69, FHL microfilm 7644 (accessed 30 Apr 2017).
1850 US Census, (database and images) FamilySearch, Mary Dickinson in household of Daniel Dickinson, Lee county, Lee, Virginia, United States; citing family 1469, NARA microfilm publication M432 (Washington, DC: National Archives and Records Administration) (accessed 23 Nov 2017).
1850 US Census, (database and images) FamilySearch, Hetta Mc Mullen in household of Eads Eads, Lee county, Lee, Virginia, United States, citing family 1191, NARA microfilm publication M432 (Washington, DC: National Archives and Records Administration) (accessed 23 Feb 2018).
1860 US Census, (database and images) Ancestry, Mary Dickinson in household of Daniel S Dickinson, Lee County, Virginia, United States; citing p. 823, NARA microfilm publication M653 (Washington, DC: National Archives and Records Administration), roll 1357, FHL microfilm 805357 (accessed  7 Apr 2017).
Franklin County, Virginia Marriage Bond Index, 1786-1858, (database) Ancestry, Samuel Mcmullen and Elizabeth Weaver 27 Jan 1803, Franklin, Virginia; citing page 156 (accessed 12 Feb 2018).
Gibson, John (editor). History of York County, (Chicago, IL: F. A. Battey Publishing Co., 1886), pages 15-20, 35-161 (accessed 27 Apr 2018).
Great Wagon Road, NCpedia (accessed 27 Apr 2018).
Great Wagon Road, Wikipedia (accessed 27 Apr 2018).
History of Slavery in Pennsylvania, Wikipedia (accessed 27 Apr 2018).
Indiana Marriages, 1811-2007, (database and images) FamilySearch, Samuel Mcmullen and Susannah Watters, 9 Mar 1824; citing Wayne, Indiana, United States, various county clerk offices, Indiana, FHL microfilm 1838642 (accessed 10 Dec 2017).
Kentucky County Marriages, 1797-1854, (database and images) FamilySearch, Joseph Withrow and Susan Landers, 11 Jun 1822; citing Washington, Kentucky, United States, Madison County Courthouse, Richmond, FHL microfilm 241382 (27 Apr 2018).
Kentucky County Marriages, 1797-1954, (database and images) FamilySearch, Joseph Withrow and Susan Sandres, 05 Jun 1822; citing Washington, Kentucky, United States, Madison County Courthouse, Richmond, FHL microfilm 241382 (accessed 27 Apr 2018).
Massie, Evelyn Booth. Gilkerson (Gilkison/Gilkeson) Genealogical History & Archives, (Chelsea, MI: BookCrafters, 1996), pages 634-635.
Pennsylvania, Septennial Census, 1779-1863 (database and images) Ancestry, Matthew McMullen, Warrington, York, Pennsylvania, 1786 (11 Mar 2017).
Power, John Carroll. History of the Early Settlers of Sangamon County, Illinois: Centennial Record, (Springfield, IL: Edwin A. Wilson & Company, 1876), pages 781-782.
US, Find A Grave, 1600s-Current, (database and images), FindAGrave, Hettie Easter McMullin, (1785-1857), Jonathan Bales Cemetery; citing Memorial No. 41309049 (accessed 11 Apr 2018).
US, Find A Grave, 1600s-Current, (database and images),  FindAGrave, Samuel McMullen (1782-1838), Mount Pleasant Cemetery; citing Memorial No. 15938376 (accessed 11 Feb 2018).
US, General Land Office, 1776-2015, (database) Ancestry, Joseph Withrow, 1 May 1826, Springfield, Illinois, citing Document 762 (accessed 30 Apr 2018).
US, General Land Office, 1776-2015, (database) Ancestry, Samuel McMullen, 15 Mar 1837, La Porte, Indiana, citing Document 83 (accessed 12 Feb 2018).
Virginia Chancery Court Records, 1786-1961 (database and Images), Library of Virginia, Bedford County, 1832-067, Jones v. McMullin, Admrs (accessed 3 Jan 2018).
Virginia Chancery Court Records, 1786-1961 (database and images), Library of Virginia, Bedford County, 1845-017, Admr of James McMullen v. Admr of Matthew McMullen etc. (accessed 3 Jan 2018).
Virginia Deaths and Burials, 1853-1917, (database) FamilySearch, Hettie Easter Bales McMullin, burial Edds Mill, Lee, Virginia, United States of America, Jonathan Bales Cemetery; citing record ID 41309049, FindAGrave (accessed 11 Apr 2018).
Virginia Deaths and Burials, 1853-1917, (database) Ancestry, Mary Dickinson, 1861, Lee Co., father Fayette Wys...lg; citing FHL microfilm 32441 (accessed 3 Apr 2017).
Virginia Marriages, 1785-1940, (database) Ancestry, Mary Mcmullin and Henry Beard, 21 Jun 1811, Bedford, Virginia (accessed 16 Jun 2014).
Virginia Marriages, 1785-1940, (database) FamilySearch, Matthew Mcmullin and Polly Wysong, 18 Aug 1801; citing Botetourt, Virginia, reference p. 122; FHL microfilm 30734 (accessed 3 Apr 2017).
Virginia Marriages, 1785-1940, (database) FamilySearch, Robert McMullin and Easter Beals, 11 Oct 1813, citing Botetourt Co., Virginia, reference p. 215, FHL microfilm 30734 (accessed 3 May 2017).
Virginia Marriages, 1785-1940, (database) FamilySearch, Samuel Mcmullen and Elizabeth Weaver, 27 Jan 1803; citing Franklin County, Virginia, reference p. 65; FHL microfilm 31523 (accessed 11 Feb 2018).
Virginia Marriages, 1785-1940, (database) FamilySearch, William Gilkinson and Jane Mcmullin, 23 Dec 1794; citing Botetourt, Virginia, reference b1 p8 n224; FHL microfilm 30731 (accessed 13 Feb 2018).
Virginia, Select Marriages, 1785-1940, (database) Ancestry, M. Mcmullin father of Minerva Dickinson married Frederick S Miles, 3 Jul 1854, Lee Co, Virginia; citing FHL microfilm 32441, line 37 (accessed 3 Apr 2017).
Virginia, Select Marriages, 1785-1940, (database) Ancestry, Matthew Mcmullon father of Minerva Miles married D Jno W Carmack, 9 Sep 1866, Lee Co, Virginia; citing FHL microfilm 32441, page 16 (acccessed 3 Apr 2017).
Virginia, Wills and Probate Records, 1652-1938, (database and images) Ancestry, Matthew McMullin, Sr. Estate Inventory and Appraisement; citing Bedford County Will Book 4, page 239 (accessed 23 Jan 2018).
Virginia, Wills and Probate Records, 1652-1938, (database and images) Ancestry, Matthew McMullin, Sr. Estate Account; citing Bedford County Will Book 7, page 24 (accessed 23 Jan 2018).
Virginia, Wills and Probate Records, 1652-1938, (database and images) Ancestry, Matthew McMullin, Jr. Estate Inventory and Appraisement; citing Bedford County Will Book 7, page 75 (accessed 23 Jan 2018).
York County Pennsylvania Militia 1777, Journal of the American Revolution (accessed 27 Apr 2018).