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- William Lynn's will: State of North Carolina Court of Pleas & Quarter
Orange County Sessions: Nov. Term [1841]
To the Worshipful the justices of said county:
The petition of Thomas Christian & wife Martha
vs.
Henry Marcum & wife Mica, Riley Vickers & wife Catherine, Mathew Lynn, William Lynn, Edy Lynn, & Christopher Lynn,
Hereby complaining therewith unto your worships that William Lynn late of said County departed this life on or about 22 day of Augt. Last past, intestate, leaving him mourning your petitioner Matthew (Martha) (sic!) who had previous thereto intermarried with your petitioner Thomas Christian & also the defts Mica who had intermarried with Henry Marcum, Catherine who had intermarried with Riley Vickers, Matthew Lynn, William Lynn, & Edy Lynn, who are his children and heirs at law and as [such] are tenants in common of a tract [of land] in the county of Orange aforesaid a’nd of Philip Alston, Samuel Merrit & others, co by estimate two hundred ____. Your petitioners shew that _____ shares in the said tract of land not covered ___ widows dower; they further shew that Mathew Lynn has been fully advanced & is n entitled to any further share of the real estate William Lynn decd., that the deft. Christopher Lynn is a son of the aforesaid widow of the said William Lynn decd. & that he was born in lawful wedlock & that he claims to be an heir of the said William Lynn decd., but petitioners he is no a child or heir of the said William Lynn and that he is not entitled to any part of his estate. Your petitioners further shew that Henry Mar & wife Mica, & Riley Vickers & wife Catherine are [not] inhabitants of the state.
Your petitioners therefore pray your worships to appoint commissioners who are freeholders unconnected h the parties to make partition to your petitioners there respective shares of the land aforesaid according to law & that they make return of the allotment & apportionment under there hads & seals the next term of the court—and that copies of this petition& subpoenas may issue too the defts, who are in the state to plead answer or demur & that publication be made as to those who are not inhabitants.
Your petitioners further pray your worships to do whatever else in the premises that may pertain to justice & as in duty bound they will ever pray.
Cad. Jones, Junr. Atto. Thomas Christian
For petitioner Martha Christian
We the undersigned defts. Accept service of the within petition.
Mathew Lynn
William Lynn
Edy Lynn
Judgement on the Thomas and Martha (Lynn) Christian petition: The following is copied directly from Roderic Mullen’s book:
“The petition is an odd one. Evidently Thomas and Martha Christian hoped to disqualify as many of Martha’s siblings as possible so that they themselves could claim a larger share of her father’s estate. Yet it appears that Thomas and Martha had earlier been on reasonably good terms with her brother Christopher, for Thomas Christian was Christopher Lynn’s bondsman at his wedding and their households were close together in the 1840 census. The result of the petition was a jury trial in May 1842 to determine the validity of the claims made by Thomas and Martha Christian.”
“Thus the jury found that Christopher Lynn was in fact the son of William and Martha “Patsy” Lynn. Martha was still alive as late as 1850 and was living between her sons William and Matthew. The court minutes and the papers in William Lynn’s estate file indicate clearly who were the seven children of William and Patsy Lynn, all of whom married in Orange Co., NC.”
Thomas and Martha (Lynn) Christian Petition References: Thomas Christian & wife
vs.
Henry Marcum & others
Jury charged:
Wm Chambers Andrew Murray
Thomas Thompson Hawkins? Stroud
Stephen L. Lloyd Jacob? Turner
William Brannock? Jeremiah King
E. ____ Vincent Robert Redding
Robert M. Farley? Francis Roberts
Find that Christopher is the child of Wm. Lynn & Martha Lynn & born in lawful wedlock and is one of the heirs at law of said Wm Lynn, decd., & find the others of us in favor of deft.
Thomas Christian & wife vs. Henry Marcum & others Same jury charged:
Find that Christopher is the son of Wm & Martha Lynn & born in lawful wedlock & is one of the distributes of Wm. Lynn, decd.
Ref:
NC Genealogical Society Journal
5 (1979):18
Orange Co. Court Minutes
CR.073.301.23, pp. 226-27
Orange Co. Deed book
13:84, 272, 545
17:375
18:126,127
19:64
23:538
27:178, 231, 311
28:23
Orange Co. Will book
E:56
Orange Co. NC estate file
Cr.073.508.69, in NC Archives
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