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Noah Rush Descendants

With the names Noah and Zebedee sprinkled thru several generations of Rush family members, it is easy to confuse records between men of the same name. I recently found the 1870-1885 probate file for Noah Rush of Randolph County, North Carolina. (Wills, 1663-1978; Estate Papers, 1781-1928 (Randolph County); Author: North Carolina. Division of Archives and History (Raleigh, North Carolina); Probate Place: Randolph, North Carolina) 

This probate file contains several petitions which list the heirs of Noah Rush. One such petition for the sale of land begins on image 71.

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Image 71
Randolph County in Superior Court
Petition for sale of lands
Zebedee Rush
J M Blan & wife Mary Blan
J C Rush vs

I L Johnson & wife M M Johnson
Nancy Wade
George G Rush
Branson Briles & wife Dorcus Briles
Alexander Briles & wife Sally Briles heirs
Heirs to wit
(crossed out) Dr C N Briles
Noah Briles heirs to wit
(written at side) Thomas E Myers & wife Ida A Myers Edward E Briles
David Stanled & wife Sarah R Stanlid
John B Briles
Joseph Mitiger & wife Louisa Mitiger
Robert A H Briles
Zebedee R Briles
Harrison W Briles
James Allen & wife Nancy C Allen
Benjamin Briles
Dr B Rush heirs to wit
Leander P Leonard & wife Sallie Leonard
Zebedee Rush Jr

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Image 72

George Gastinaw & wife Mary Gastinaw
George Holmes & wife Caroline Holmes
William Sexton & wife Nancy Sexton
Thomas Hatfield & wife Martha Hatfield
James Gastinaw & wife Lou Gastinaw
James Cox & wife Laura Cox
Noah Rush heirs to wit
Adam Rector & wife Mary L Rector
Geo W Rush
John C Rush Noah W Rush
Dr B Rush Zebedee Rush
Olive Rush
Bill Rush

To the Honorable the Superior Court of said county
The above named plaintiffs by their petition respectfully represent
II That about the year 18— one Noah Rush late of said county died intestate therein seized and possessed in fee simple of the following described lands situate in said county to wit
First tract situate on the waters of

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Image 73
Uaharrie adjoining the lands of Benj F Rush — Smith
Crotes and others containing 350 acres more or less known as the Noah Rush home place
Second tract near the old cross roads adjoining th elands of Z Rush ___ Commons & others and containing ten acres more or less

II That upon the death of the said Noah Rush the said lands descended to and is now owned by the plaintiffs and defendants who are his children and grandchildren and only heirs at law as tenants in common

III That the defendant F L Johnson and wife M M Johnson reside within County of Randolph state of North Carolina. That the defendants Nancy Wade Z Clark Rush George G Rush Branson Briles & wife Dorcas Briles Alexander Briles David Standed & wife Sarah R Standed John B Briles Joseph Muntizer & wife Louis J Muntizer Robert A H Briles Zebedee R Briles Harrison W Briles James Allen & Wife Nancy C Allen Benjamin Briles (crossed out Leander P Leanard)

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Image 74

George W Rush
Noah Webster Rush
Zebidee Rush
And Noah Briles heirs
To wit: Thomas E Myers and wife Ida A Myers and Edward E Briles

 

 

 

 

 

 

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Image 75
Leander P Leonard and wife Sallie Leonard
Zebedee Rush Jr George gastenaw & wife Mary Gastinaw george Homes & wife Caroline Holmes William Sexton & wife Nancy Sexton Thomas Hatfield & wife Martha Hatfield James Gastinaw & wife Lou Gastinaw James Cox & wife Laura Cox Adam Rector & wife Mary L Rector John C Rush Dr B rush Oliver Rush Bill Rush are not residents of the state of North Carolina and after due diligence cannot be found therein and that the defendans Oliver Rush and Bill Rush are under the age of twenty one years and with regular guardian in the state of NC

IV That the plaintiffs desrie to have partition of the aforesaid lands between them and the defendats according to their respective rights interest therein but that owning to the size of said tract of land the nature and quality of said and the great number of parties interested and other causes it is impossible that actual partition thereof can be made

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Image 76
Without serious impunity to all concerned
Therefore plaintiffs pray judgment
1st that the court order said lands to be sold on such terms as it shall deem just and reasonable and that the proceeds of sale be divided between the plaintiffs and defendants according to their respective shares and interests therein
2nd that a summons issue to the defendants and that publication be made for the non resident defendants commanding them to appear answer
3rd that a guardian ad litum be appointed for the infant defendants to defend this action in their behalf
Blair and Robins
Atty for petitioners

R M Walker being duly sworn says I have heard the foregoing petition read the facts therein stated are true except such as are stated on inference and belief and these I believe to be true.
R M Walker
Sworn to & subscribed before on the 16th day of Oct 1884
Geo S Bradshaw
CSC