Sons of William and Mary (Wallace) Tapscott. L to R James
William, John, Millard, Joseph. (Courtesy of Sharon Poteet)

Millard F. Tapscott, “Tinker,” the youngest of the sons of William and Mary Angeline (Wallace) Tapscott, of Clark County, Illinois, appears in a most interesting story of probate and litigation.

Born 4 May 1867 in Clark County (two years after the end of the Civil War), Millard spent most of his life as a bachelor farmer. After living for many years with his parents, William and Mary, he was suddenly on his own when his mother died in 1904 and his father moved in with Millard’s sister Emma and her husband William Mallory. Millard stayed on the family farm, apparently inheriting the land, at least eventually, though no probate proceedings are found, and living in his parents’ partially log-constructed house.

Millard was forty-seven years old when he finally married, on 19 Sep 1914 in Vigo County, Indiana, but it was a marriage that was far less than successful. His wife, Samantha, was the daughter of Thomas McNary, an Auburn blacksmith, and Reba (Cox) McNary. And she was the widow of William Henry Johnson, whom she had married 27 Oct 1889, and who had died 3 Feb 1913 of pneumonia after fathering four children, two of whom died young.

Millard and Samantha did not hit it off well. It has been claimed that the two had divorced, but no records show that an official divorce took place. However, around 1920, the couple separated and Samantha “released her rights to the property by contract in writing.” The contract came back to haunt her when Millard died on 17 Nov 1926 at the home of his niece, Alma Thompson, daughter of his sister Emma (Tapscott) Mallory.

Samantha petitioned the court stating that “as the surviving widow of Millard F. Tapscott, she is entitled to her Widow's Award in said Estate.” She stated that “on or about the 11” day of October A.D. 1920 she and the said Millard F. Tapscott signed an agreement, the purport of which agreement your Petitioner did not at that time understand, and that at that time Petitioner did not know her rights pertaining to the property of Millard F. Tapscott, and did not know what a widow's award meant, and did not understand the agreement and should not be held bound by said agreement because of the fraud which said agreement perpetrated against your Petitioner because of petitioners misunderstanding and lack of knowledge as to her rights.” Samantha claimed that “for many months prior to Millard's death, he and her had “resumed the marriage relation, and were living as man and wife, having repudiated aforsaid [sic] contract, and resumed the status of husband and wife.”

Find a Grave.

A child of Samantha from her first marriage, Violet Johnson, filed a claim for $500 against the estate “For care, washing for, ironing , sewing, getting up wood, cooking, keeping house and attention for three years at different intervals” and for $1000 for “Services as per contract.” Just what the “Services” were is not stated. The claim appears particularly unusual since Violet was unmarried and as Millard's stepchild, she was (more or less) a family member. One might expect that she would help out around the house, where she was presumably living, for no charge. Millard's brother and sisters, the estate heirs, got together and settled with both Samantha and her daughter for all their claims for $1000.

R. E. Tapscott, 6 Oct 2014.

Following her death, Samantha was buried with her first husband in Auburn Cemetery. The stone reads “Samantha His Wife.” Millard, who left no descendants, rests alone.