There has been a decades long controversy regarding whether Shelton Crosthwaite was James William Crosthwaite's brother or oldest son. His 1781 will mentioned three unnamed children. His will was proved in Jan 1787, not naming the children. However, they were named in a 1798 lawsuit by a creditor. A book listed it this way:
Jacob Powers and Ann, his wife, relict of William Crosthwait deceased; Shelton Crosthwait, heir at law of the said William, deceased; Thomas Crosthwait, William Crosthwait, Perry Crosthwait, and Ann Bourn Crosthwait, children of the said William Crosthwait, deceased, by Shelton Crosthwait their Guardian - suit against George Divers, administrator of William Crosthwait , deceased.
The punctuation shows four children listed, "Thomas Crosthwait, William Crosthwait, Perry Crosthwait, and Ann Bourn Crosthwait, children of the said William Crosthwait." However, I tracked down the original and there is no punctuation; link (bottom).
So an important question is what is an 'heir at law' in 1798 Virginia? Nowadays it applies when a person dies intestate, not the case here. Primogeniture was apparently eliminated in Virginia in 1785. I request informed opinions as to whether the lawsuit language includes or excludes Shelton as a son.