Chatham County NcArchives Court.....Brantley, John  1814
************************************************
Copyright. All rights reserved.
http://www.usgwarchives.net/copyright.htm
http://www.usgwarchives.net/nc/ncfiles.htm
************************************************

File contributed for use in USGenWeb Archives by:
Edward L Strother edstrother@aol.com March 16, 2008, 5:26 pm

Source: John Brantley, Estate Papers, Chatham County, North Carolina (fhl Microfilm 1,728,773).
Written: 1814
Recorded: 1814

	Petition Contesting Will of John Brantley
	
	To the worshipful the justices of the County Court of Pleas and 
Quarter Sessions for the County of Chatham
	
	The petition of Jeffery Barksdale of Putnam County in the State of 
Georgia, planter, and Phoebe his wife, and Sally Patterson of Hancock, 
Georgia, in the same state, widow.
	
	Sheweth:
	That John Brantly, late of Chatham County aforesaid in the State of 
North Carolina, planter, deceased, was in his lifetime and at the time of his 
death seized, possessed of and intitled unto a considerable real and personal 
estate and being so seized, possessed and intitled departed this life in or 
about November one thousand eight hundred and eleven intestate and without 
Will, leaving alive behind him Elizabeth Brantly, his widow, formerly 
Elizabeth Marsh,  and two daughters of his former wife Katherine Brantly, 
formerly Katherine Kirk, viz: Your petitioners Sally and Phoebe and two sons 
and six daughters by his later wife Elizabeth, formerly Elizabeth Marsh; 
namely Edward and James Brantly, Polly who married John Burns of Chatham 
county aforesaid, Hannah who married James Burns of the same place, Elizabeth 
who married James Brantly of Washington County in Georgia aforesaid, Barbara 
who married Isaac Durham of Orange County in North Carolina aforesaid, Celia 
who married Isaac Harrington of Chatham County aforesaid and Nancy who married 
William Justice of the State of Tennessee.
	
	That the said deceased John Brantly had also by his second wife one 
other daughter named Patsy who married Joseph Brantly and afterwards died in 
the lifetime of the said John Brantly, leaving behind her several children 
whose names and number are unknown to your petitioners.
	
	That your petitioners of Phoebe and Sally and the said Edward and 
James Brantly, both of Chatham aforesaid, and the said Polly Burns, Hannah 
Burns, Elizabeth Brantly, the daughters Barbara Durham, Celia Harrington and 
Nancy Justice and the children of Patsy Brantly and the coheirs at law of the 
said late John Brantly to whom his real estate has descended or ought to 
descend and are his next of kin intitled to his personal estate and to have 
same distributed among them per stirpes.
	
	That the said Elizabeth Brantly, widow, and Edward Brantley, the son, 
pretending to be executors of the said deceased John Brantly and his children 
and their husbands by the said Elizabeth the second wife at the last County 
Court of Chatham aforesaid in the absence of your petitioners offered for 
probate a certain paper writing which they pretended to be the last will and 
testament of the same John Brantly with view to deceive, defeat and defraud 
your petitioners Phoebe and Sally, his children by his former wife, of their 
share of their said late father’s estate and to that end caused the same paper 
writing to be admitted to probate in the common form by the oath of one of the 
witnesses only in the same court without giving your petitioners an 
opportunity of appearing in the same term and contesting the validity of the 
same pretended will, and without having send out any process or made any other 
legal call on your petitioners to compil or require their appearance at the 
same term and court to show cause against the admission of the said probate.
	
	That the said pretended will was never the last will and testament of 
the said John Brantly deceased but the proper writing aforesaid was unduly 
obtained from him by his said wife Elizabeth who by blandishing words, 
frequent solicitations and teasing importunities  used and exerted towards him 
while he was very sick, weak and low and incapable of resistance procured his 
acknowledgment of the said proper writing written by the son, the said Edward, 
pursuant to the desire, will and dictates of his mother the said Elizabeth, 
but against his own will and mind. And he so acknowledged the same to purchase 
his ease and quiet and relieve himself from the painful and distressing 
importunities of his said wife at a time when he was sufficiently afflicted by 
the sickness he then labored under and which soon afterwards occasioned his 
death.
	
	Your petitioners therefore pray that the probate aforesaid may be set 
aside and vacated, and that the validity of the said pretended will may be 
tried by a jury under such issue or issues as this court shall direct. And 
that summons may issue to the said Elizabeth Brantly, widow, Edward Brantly, 
James Brantly, the sons, John Burns and Polly his wife, James Burns and Hannah 
his wife, James Brantly and Elizabeth his wife, Isaac Durham and Barbara his 
wife, Isaac Harrington and Celia his wife and William Justice and Nancy his 
wife to answer this petition and stand to and abide such order as shall be 
made therein and your petitioners shall ever so pray.
	
	John Williams, Atty for petitioners


File at: http://files.usgwarchives.net/nc/chatham/court/brantley416nwl.txt

This file has been created by a form at http://www.genrecords.net/ncfiles/

File size: 5.5 Kb