Petition of Rachael Winchester in the Estate of William Winchester
State of North Carolina, Union County
To the worshipful the justices of the Court of Pleas and Quarter Session of said county July Term 1852.
The petition of Rachael Winchester against James R. Winchester, John Stegal & wife Jane, E. A. Simpson & wife Zilpha, George M Helms & wife Lotta [Charlotte, Sarah Helms, Elizabeth Winchester, William Winchester,Joseph Winchester, Jason Winchester, 'Noah Winchester, John Winchester ____ Hargett & wife Annah, David McGuirt and daughter Jane the heir of Andrew Winchester, Hozea James, Leah R., Wm. V., Joseph A., Ruphus P., John Potter, Eliza C Perlina & Nancy Ann and the heirs of Thomas Winchester, ____ D. Brunson, Nancy, William, John, Allen, Permilia, Lane, Isabella, Rachael, Henrietta, ______ Fisher & wife Rebecca humbly complaining showeth unto your worships that William Winchester late of the county aforesaid departed this life on or about the 5th day of September 1852 intestate leaving your petitioner his widow and relict unprovided for; that the said William Winchester died seized and possessed of the following tracts of land situated in the county aforesaid in which your petitioner is entitled to her dower and trust, that is to say: one tract lying on Stewarts Fork adjoining the land of James R Winchester, A J Secrist,
____________ _______ ___ containing upwards of three hundred acres; also one other tract lying on Slump Lick adjoining the lands of Thomas Keziah, Anderson Helms the big _____ ____ containing one hundred and thirty three acres or thereabouts.
Your petitioner further sheweth that the above defendants are the children and heirs at law of said William Winchester and that they are all of full age except the following: the heirs of Andrew Winchester Dec'd to wit: William V, Joseph A., Ruphus P., John Potter, Liza C, Pertina and Nancy Ann and the following: the heirs of Thomas Winchester, Deceased, who are minors under the age of twenty one years to wit: William, John, Allen, Permilia, Jane, Isabelle, & Rachel, Henrietta and Jane McGuirt.
Your petitioner further sheweth that all the above defendants reside in Union County in this state except William Winchester, Joseph Winchester, Joseph Winchester, Jason Winchester, Noah WinchesterJohn Winchester, the heirs of Andrew Winchester and the heirs of Thomas Winchester who reside beyond the limits of the state.
Your Petitioner therefore prays that your worships will order publication to be made according law (sic) notifying said non residents to appear at the next term of this Court to show cause why the prayer of the petitioner shall not be granted and that your worships shall appoint some suitable and discreet person as guardian to defend the rights of the said infant heirs Wm. V., Joseph A. Ruphus P., John Potter, Liza C, Perlina, Nancy Ann, William, John, Allen, Permilia, Jane, Isabella, Rachel, Henrietta, and Jane McGuirt in this suit and that a writ of dower may issue to the Sheriff of said county commanding him to summon a jury of good and lawful men to lay off and a lot by metes and bounds to your petitioner, her Dower and thirds in the lands aforesaid and put her in possession of the same... S/ McCantry
"Whereof proof therefore being made and that Douglas Winchester and William Winchester hath entered into Bond and qualified according to Law." Estate of Thomas Winchester, 1785. [2]
In the petition, above, Rachel names the following as heirs of William:
Jane Winchester (wife of John Stegal)
Zilpha (wife of E.A. Simpson)
Charlotte (wife of George M. Helms)
Sarah [Winchester] Helms
Elizabeth Winchester
William Winchester
Joseph Winchester
Jason Winchester
Noah Winchester
John Ruphus P.
John Potter
Eliza C. Perlina & Nancy Ann,
and the heirs of Thomas Winchester,
_______D. Brunson
Nancy
William
John
Allen
Permilia
Lane,
Isabella
Rachael, Henrietta,
______ Fischer & wife Rebecca
Rachael Winchester in household of Wm Winchester, "United States Census, 1850"
Petition in Estate of Rachael Winchester
State of North Carolina
Union County
Court of Pleas and Quarter Sessions, -
July Term, 1857
James R Winchester, Adm'r }
of Rachael Winchester, dec'd, }
vs. }
Hosea James Winchester, et al. }
Petition for Settlement. }
It appearing to the satisfaction of the Court that the Defendants, Hosea J. Winchester, Leah R. Winchester, William V. Winchester, Joseph A. Winchester, Rufus V. Winchester, John Potter Winchester, Eliza C. Winchester, Perlina Winchester, Nancy Winchester, D. Bronson Winchester, William Winchester, John Winchester, Allen Winchester, Jane J. Winchester, Rachael H. Winchester, Rebecca, wife of Harry Fisher, Jane Steagall, John Steagall, Ann, wife of Holden Horget, John Winchester, Joseph Winchester, Jason Winchester, and Noah Winchester, are not inhabitants of this State, but reside beyond the limits of the same; it is ordered by the Court that publication be made for six weeks in the Western Democrat, notifying the said Defendants to be and appear at the next Court of Pleas and Quarter Sessions, to be held for said county, at the Court House in Monroe, on the first Monroe, on the first Monday of October next, then and there to plead, answer or demur, otherwise judgment pro confesso will be taken against them, and the prayer of the petitioner heard exparte as to them.
Witness, J. M. Stewart, Clerk of our said Court, at office in Monroe, the 1st Monday of July, 1857.
File
File: http:/trees.ancestry.comrd?f=document&guid=17b14d7a-4719-49f7-826c-b50ca392bfc0&tid=111359896&pid=1760.
Format: htm.
Notes - Winchester, Rachel Matthews (1785-1857).
File: http:/trees.ancestry.comrd?f=document&guid=3026f817-d6bc-4b4f-a9cb-acb9948faa3c&tid=111359896&pid=1760.
Format: htm.
Wills and Probate Records.
Sources
↑ Estate of Rachael Winchester" North Carolina Estate Files, 1663-1979", database with images, FamilySearch ([1] : 20 November 2015 : accessed 11 December 2016), Rachael Winchester, 1855; citing Union, North Carolina, United States, State Archives, Raleigh; FHL microfilm 2,260,996.
↑ Thomas Winchester Estate. "North Carolina Estate Files, 1663-1979", database with images, FamilySearch (: 20 November 2015 : accessed 21 November 2016), Thomas Winchester, 1785; citing Mecklenburg, North Carolina, United States, State Archives, Raleigh; FHL microfilm 2,027,626 [[2]]
↑ The western Democrat. (Charlotte, N.C., 22 Sept. 1857 : accessed 13 Aug. 2018) Chronicling America: Historic American Newspapers. Lib. of Congress. [3]
↑ Union County, North Carolina, Probate Records 1818-1969, Index 1818-1969; Author: North Carolina. Superior Court (Union County); Probate Place: Union, North Carolina
↑ 1850 Census Union, North Carolina; Roll: M432_647; Page: 71B; Image: 148
State of North Carolina, UNION COUNTY. Court of Pleas and Quarter Sessions, July Term, 1857.
email, Miles~Helms, Julie, email received 11 June 2018, citing Winchester, George T. “The Winchester Family” (Mineral Springs, N.C., no date of publication given).
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DNA Connections
It may be possible to confirm family relationships with Rachael by comparing test results with other carriers of her mitochondrial DNA.
However, there are no known mtDNA test-takers in her direct maternal line.
It is likely that these autosomal DNA test-takers will share some percentage of DNA with Rachael:
Matthews-9658 and Matthews-9702 appear to represent the same person because: Clearly the same person, documents of Will of William d1852 and Rachel d1855, images on line.
George T. Winchester (Mineral Springs), in his writings on "The Winchester Family" (and citing: "... a small booklet of The Media Research Bureau, Washington, D.C.") states that "Douglas Winchester married about 1772 to Sarah Matthews and settled near Mineral Springs, N.C. His children were Thomas Winchester, born Jan. 10, 1774, first married Rachel Finney; second to Jane Osburn, a sister to Alexander; third Mrs. Elizabeth Stephenson, a sister of Jacob Peninger".