Identifying Parents

Have you had a set of parents for an ancestor in your tree for years when you discover another researcher has a different set of parents? I recently made that discovery for my ancestor Sarah Rush Briles (KP93-T9C) on Family Search.

Seeing this other set of parents made me question whether I had made a mistake. I knew that my old research included a transcription  of a petition for dower that was printed in The Genealogical Journal of Randolph County, NC (Vol 3, #4, pages 5-6)

This transcript shows Sallie Rush as the plaintiff. Listed among the defendants is Alexander Briles and wife Sallie. The body of the petition identifies Sally Rush as the widow of Noah Rush deceased.

Rush-Dower

With the parentage of Sarah Rush Briles now in question and my documentation based on a transcript, I knew I had to either find the actual petition for dower or some other document to support my case. By searching Ancestry, I was able to locate the probate papers for Noah Rush in North Carolina, Wills and Probate Records, 1665-1998.

Towards the first of the packet is a petition to sell land. This petition names Alexander Briles and Sallie Briles his wife as one of the defendants. Later in the petition, it indicates that Alexander Briles and Sallie live in Kansas.

Rush, Noah Probate Papers
from North Carolina Wills and Probate Records, 1665-1998
available on Ancestry at
https://www.ancestry.com/interactive/9061/007384178_01104/1275983#?imageId=007384178_01105
Image 60901
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Superior Court ____ Randolph County
Ransom W Harris as
Admin of Noah Rush Pltff

Petition to Sell Lands to pay debts

against
Rev. Zebadee Rush
Milton Blair and wife Mary Blair
Franklin Johnson and wife Martha Johnson
Alexander Briles and wife Sally Briles
Branson Briles and wife Dorcus Briles
George G Rush, John C Rush
Noah Rush, Nancy Wade
Sallie Hatfield, Zebadee Rush Junr
George Gastinow and wife Mary
Martha Rush, Nancy Rush
Louix Rush and Laura Rush
The last three by their guardian Louis Rush
Defendants
To the honrable A. W. Lougee Judge of Said Court

The petition of R. W. Harris as Administrator
of Noah Rush deceased, respectfully showeth unto
your honor
I
That he qualified as administrator on the estate of the
said Noah Rush before B Bu Bulla Probate Judge of
said county during the year 1870
II
That the amount of the debts outstanding against the

1870-NC-Probate-Rush-Noah-image60901-Sales

Rush, Noah Probate Papers
from North Carolina Wills and Probate Records, 1665-1998
available on Ancestry at
https://www.ancestry.com/interactive/9061/007384178_01104/1275983#?imageId=007384178_01106
Image 60902
—————————————————————————————————————————————————————

estate from the best information and knowledge which
he has been enabled to obtain is about three hundred
and fifty dollars, that the charges of administration will in
his opinion amount to about two hundred and fifty dollars
and there was [apeped] to be paid to the
widow in cash towards her years support two hundred
and fifty eight 30/100 dollars, making the entire
liabilities of the estate from the foregoing sources about
eight hundred and forthy eight 30/100 dollars
III
That the value of the personal estate of his intestate is
about three hundred and eighty five dollars. that of
this form of three hundred and eighty five dollars, a
portion is outstanding as yet, uncollected; which wo
much thereof as your Petitioner has been enabled to
collect has been nearly all paid out on the costs and
charges of the administration and on the afforesaid
allowance to the widow.
IV
That the intestate at the time of his death was seized
and possessed in fee simple of the following tracts of lands
situate in said county
1 The Powel tract adjoining the lands of John Wilborn
and others lands of the deceased containing about one
hundred acres more or less and estimated to be worth
about one hundred dollars
2. A tract adjoining Benj. Rush and others containing fifty acres more or less valued at about fifty dollars
3. A tract adjoining P. Copple and others containing twenty four
acres more or less and worth about twenty four dollars.

1870-NC-Probate-Rush-Noah-image60902-Sales

Rush, Noah Probate Papers
from North Carolina Wills and Probate Records, 1665-1998
available on Ancestry at
https://www.ancestry.com/interactive/9061/007384178_01104/1275983#?imageId=007384178_01107
Image 60903
——————————————————————————————————————————————————————

4 A tract adjoining the lands of Robert Loftlin
and others containing fifteen acres more or less worth
about fifteen dollars
5 The home tract adjoining R W Harris and Lewis Johnson and others containing by estimation three hundred acres.

V
That the sale of all the above named tracts of land
except the one last mentioned, and also the sale of such
part of said last mentioned tract given or sold by the intestate
to George Rush and Reconveyed by said Rush to the
intestate and not covered by the dower. containing about
one hundred and fifty acres, and value at about three
hundred dollars, he believing to be necessary to enable
him to pay the debts and charges of Administration of
his intestate

VI
That the intestate in addition to the foregoing land, died
also seized and possessed in fee simple of one half interest
in a copper mine tract of one hundred acres more or
less adjoining N Spencer and others and no others.

VII
That upon the death of said intestate the said lands
descended to his children and grandchildren as follows the
defendant Sally Briles wife of Alexander Briles Post office
Leroy, Kansas, Darcas Briles wife of Branson Briles Post
Office Virdis Kansas George G Rush Post Office McCarion
Indiana, John C Rush, Noah Rush and Nancy Waid
post office of the last three Springville Indiana Mary
Blair wife of Milton Blair, Martha Johnson, wife of
Franklin Johnson, the last two of Randolph County

1870-NC-Probate-Rush-Noah-image60903-Sales

Rush, Noah Probate Papers
from North Carolina Wills and Probate Records, 1665-1998
available on Ancestry at
https://www.ancestry.com/interactive/9061/007384178_01104/1275983#?imageId=007384178_01108
Image 60904
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North Carolina Rev. Zebadee Rush Post Office Nashville
Nash County North Carolina. Sallie Hatfield, Zebadee
Rush Junr Mary Gastinow wife of George Gastinow and
Caroline Rush, the last four of Springville Indiana
and the following minors to wit: Martha Rush aged
20 years, Nancy Rush aged 18 years, Louis Rush aged
12 years and Laura Rush aged 9 years [I] and said
minors have for their guardian Louis Rush Post
Office Springville Indiana
To the ones therefore that the said tract of lands with the
exception herein before mentioned may be sold by your
petitioner upon such terms as your honor
may direct and that the process of sale may be
considered assets in his hands for the payment of debts
and charges of administration
Your petitioner brings
1st For and order for the sale of said lands for the purpose
aforesaid
2nd That the defendants may be duly notified according to
law to appear and show cause if any they can why the
prayer of your petition should not be granted
Jackson & Robins
Attorneys for Petitioner
R w Harris being duly sworn says I have herewit [?] the
foregoing petition,and know the contents thereof, the same is
true of my own knowledge, except as to matters state on
information and or to their, I believe it is to be true
R W Harris
Sworn to and subscribed
before me the 18th day
of July 1871
B B Bulla CSC

1870-NC-Probate-Rush-Noah-image60904-Sales

I will continue to search for documentation tying Sarah Briles of Coffey County, Kansas to Sallie Rush of Randolph County, NC. However, at this time, I believe that Noah Rush of Randolph County, NC is the father of Sarah (Sallie) Rush Briles.

I would love to hear from you about my Rush/Briles research in Randolph County, North Carolina. I can be contacted at mcphilbrick at gmail.com.

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.

1870-NC-Probate-Rush-Noah-image71-Guardian320

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

1870-NC-Probate-Rush-Noah-image72-Guardian320

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

1870-NC-Probate-Rush-Noah-image73-Guardian320

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)

1870-NC-Probate-Rush-Noah-image74-guardian320

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

 

 

 

 

 

 

1870-NC-Probate-Rush-Noah-image75-Guardian320

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

1870-NC-Probate-Rush-Noah-image76-Guardian320

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

 

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
Against
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

Defendants
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.

Land Dispute – Missing Children

I recently came across an image of a newspaper article that came up as a hint for Robert A. Briles in my tree on Ancestry.com. This article discussed a petition to sell lands for division, Zebedee Rush et als vs F. L. Johnson and wife M. M. Johnson, et als.

I was able to locate a similar article on Newspapers.com by doing an advanced search for Briles, 1984, North Carolina. The article was published in the 26 Oct 1884 issue of The Courier (Asheboro, North Carolina).

1884-NC-Land-PetitionOdell & Co.,

Greensboro, N.C.

Randolph County, In Superior Court

Petition for sale of lands for division

Zebidee Rush et als,

vs

F. L. Johnson and wife M. M. Johnson et als.

This is a special proceeding for the sale of certain lands situate in Randolph county for division among the children and heirs at law of Noah Rush deceased.

And it appearing to the satisfaction of the court that the defendants Nancy Wade, George G. Rush, Branson Briles and wife Dorcas Briles, Alexander Briles, Dr. C. N. Briles, David Stanled and wife Sarah R. Stanled, John B Briles, Joseph Mitiger and wife Louisa MItiger, Robert A. H. Briles Zebedee R. Briles, James Allen and wife Nancy C. Allen, Benjamin Briles, Leander P. Leonard and wife Sallie Leonard, Zebidee Rush Jr., Geo. Gastinaw and wife Mary Gastinaw, Geo. Holmes and wife Caroline Holmes, Wm. Sexton and wife Nancy Sexton, Thomas Hatfield, and wife Martha Hatfiled, Jas Gastinaw and wife Lon Gastinaw, James Cox and wife Laura Cox, Adam Rector and wife Mary L. Rector, John C. Rush, Dr. B. Rush, Oliver Rush, Bell Rush are necessary and material parties in this action and that they reside beyond the limits of this State.

Even though I have not researched all of the descendants of Noah Rush and his wife Sarah Clark, I believe this document refers to their family. Noah’s daughter, Sarah, married Alexander Briles. Sarah’s sister, Dorcas, married Branson Briles. Alexander and Branson Briles moved their families to southeastern Kansas prior to the start of the civil war.

Below is how I think the names in the newspaper article match up with the children of Sarah Rush and Alexander Briles.

Briles-Family

If I am matching the names in the land dispute correctly with the family of Alexander Briles, then there are two children (or their descendants) of Sarah Rush missing from the list of defendants: Noah Washington Briles and Harrison W. Briles.