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Rush Dower

Do you ever encounter a bunch of ‘shaky leaf’ hints on Ancestry that seem illogical? You know, the ones for events after a death, or a census record for someone significantly younger. Well, I ran into that recently while working hints for my ancestor, Noah Rush. I don’t have a lot of information on my Rush line. Most of what I have is from my early days of genealogy research. Thus, I don’t have enough information to decide whether the hint that Noah Rush fought in the civil war as a captain is for my ancestor – or not.

While trying to figure out some of these hints, I remembered that I had a document that connected my ancestor Sarah Briles of Coffey County, Kansas to Noah Rush of Randolph County, North Carolina. Digging thru my Briles notebook, I found a photocopy from the volume 3 number 4 issue of The Genealogical Journal (Randolph County, North Carolina) titled, “Sallie Rush’s Petition for Dower”. This article was a transcription of the dower petition — and identified descendants of Noah Rush. (transcribed below).

The Genealogical Journal
Randolph County NC
Vol 3 #4 page 5, 6

Sallie Rush’s Petition for Dower

From: estate papers, North Carolina State Archives, Raleigh, NC

Sallie Rush Plaintiff
Zebadee Rush, Sen.

Petition for Dower

Milton Blair and wife Mary Blair
Franklin Johnson and wife MarthaJohnson
Alexander Briles and wife Sallie Briles
Branson Briles and wife Dorcas Briles
George G. Rush
John C. Rush
Noah Rush
Nancy Wade
Sallie Hatfield
Zebadee Rush, Jr
George Gastmon adn wife Mary Gastmon
Martha Rush
Nancy Rush
Louisa Rush
Laura Rush
The last four minors by their guardian – Lewis Rush

To the Honorable A. W. Tougee Judge of said court

The Petition of Sallie Rush widow of Noah Rush deceased respectfully Showeth unto your honor

I. That her said husband died intestate in Randolph County during the year 1870

II. That he left him surviving the following children & grandchildren who are his only heirs at law, to wit, the defendant, Sallie Briles wife of Alexander Briles post office Loray Kansas, Darcus Briles wife of Branson Briles Post Office Verdia Kansas, George G. Rush Post office McCameron Indiana, John C. Rush, Noah Rush, Nancy Wade. Post Office of the last three Springville Indiana. Mary Blair wife of Milton Blair, Martha Johnson wife of Frankline Johnson, Zebadee Rush. The last three of Randolph County North Carolina — Sallie Hatfield, Zebadee Rush, Jr., Mary Gastmon wife of George Gastmon and Caroline Rush. The last four Springfield Indiana. And the following minors, Martha Rush aged 20 years, Nancy Rush aged 14 years, Louisa Rush aged 12 years Laura Rush aged 9 years and said minors have for their Guardian Louis Rush Post Office Springville Indiana.

III. That her said husband at the time of his death was seized in Fee Simple of the following tracts of land, situated in said county. 1st tract. The home tract adjoining R. W. Harris, Lewis Johnson and other containing by estimation 300 acres. 2nd. The Powel tract adjoining the lands of John Wilborn other lands of the deceased containing 100 acres more or less. 3rd tract adjoining Benj. Rush and others containing 50 acres more or less. 4th tract adjoining p. Copples lands and others containing 24 acres more or less. 5th tract adjoining lands of Robert Loflin and others containing 15 acres more or less. 6th 1/2 interest in Copper mine tract of 100 acres more or less adjoining N. Spencer and others.

IV. That your Petitioner is desirous to have her dower in said lands alloted to her according to law. Whereupon your Petitioner prays. 1st an order that a writ issue tot he Sheriff commanding him to Summons five persons qualefied to act as Jurors, connected with the parties neither by Comanquinity nor affinity and entirely disconnected to view the aforsaid tracts of land and to allot and set apart to her one third part thereof, including the dweling house and all out buildings and improvements appertaining to the Same, for the term of her natural life, and report their proceedings in due form of law. 2nd that summons with copies of this petition may be issued to each and every of the defendants, and also publication made as to the non residents requiring them to be and appear before this court according to law, and show cause if any they can why the prayer of your Petitioner shall not be granted, and your Petitioner as in duty bound. Shall every pray.
Jackson and Robins
Attos. For Petitioner

Although I haven’t found the original document, this transcription provides a lot of clues to the family — particularly where family members lived in 1870. These clues will help separate out some of the Noah Rush men. Separating these men out will help me select the hints that do apply to my ancestor while rejecting those that apply to some other Noah Rush.

3 thoughts on “Rush Dower

  1. I found images of the probate file on Ancestry in the database, North Carolina Wills and Probates, 1665-1998. I’m in the process of downloading the sixty-six images so I can work with all of the information contained in them. On image 45, I ran into a second ‘cover’ page for a probate dated in 1885 (the original probate was from 1870-1871). Unsure whether this was the same Noah Rush, I started scanning the documents versus downloading them. Image 75 (the index didn’t go this far), continues the list of heirs from the previous page. On this image, I found the list contained the following
    “and Noah Briles heirs to wit, Thomas E Myers and wife Ida A Myers and Edward E Briles”
    The Edward Briles is my great-grandfather and Noah Briles is my great-great-grandfather. Noah Rush is the grandfather of Noah Briles.
    I never would have found this if I hadn’t scanned the 1885 documents trying to figure out if they were for the same Noah Rush.

  2. It’s amazing what we find when we go back through old files and scan through documents online. Just a day or two ago I was writing about my great-grandmother and looked a pictures of a letter my aunt has. It regards a man I’m working on. At the time I photographed the letter, his name meant nothing to me. So funny to run into it now, when I need it.

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