I have scanned all these documents and hope that anyone having a deeper interest in the nuts and bolts of all these transactions will delve deeper into them. They are posted on-line at Link to Dianah's Estate Records . As this link does not transfer to some media, you can cut and paste this link into your browser:
I feel that these estate records establish a definite sibling relationship between these persons: Diana W Linthicum (1831 – 1878), Charlotte Linthicum (1838 --ca 1886), Elizabeth Linthicum (ca 1828 --ca 1864), John B. Linthicum (ca 1834--??), Richard A Linthicum (1828-1892) and William A Linthicum (1824 --1877).
I'm afraid there are some questions that can still never be answered with absolute certainty but for basic genealogical purposes I feel the records serve their purpose to the extent that I have examined them. Coupled with just a few of the facts on these various family members that I have accumulated over several years now, I feel that there is little reason not to believe that there individuals are indeed the children of John W and Diana Causey Linthicum. I will present a very basic outline of my basis for these statements after this presentation of my examination of the estate records for Dianah W Linthicum.
The tombstone of Diana W Linchacum was recorded in the Moriah United Methodist Church Cemetery, Greensboro, NC in Sept. 1992 by Helen and Royce Booth. Their work was published in the Guilford Genealogist on page 47 of an issue which I copied and did not record the volume. It shows the tombstone information as: b: 22 Jan 1831, d:11 April 1878; age: 47y, 2m 21d.
Early in my attempts to reconstruct the family of John W and Diana Causey Linthicum who died in Guilford Co., NC in 1842 (Diana) and 1847 (John),the 19 year-old Diana Linthicum living with Richard and Ruhama (Spoon) Wilson family in the 1850 Census for the Southern Division of Guilford Co. seemed like an excellent prospect for an orphaned child. Over the years, increased knowledge of the closeness of the Wilson and Linthicum families supported the theory that she was a close relative of John and Diana who last appear in the 1840 Guilford Co Census with six children.
As I had never found a marriage for Dianah W Linthicum, I had never pursued her life history beyond these two facts, however, recently I enlisted Arthur Erickson, genealogy librarian for the Greensboro, North Carolina Public Library, for some assistance in reviewing land and estate records in Guilford County to see if any new clues could be unearthed to build upon or correct my existing theories for my Linthicum ancestors. Although the spelling of both the first and last names varies from one record another, “Diana Linthicum” appeared on a deed for 1870 as well as in estate records for 1878. Having little else that looked too exciting, I asked Arthur to copy those records for me.
The 1870 deed shows Dianah Linthacum as the grantee for land purchased from JB and MM Balsley. The deed is recorded in deed book 74 page 395. The deed was made 31 August 1870 and describes the land as eight acres more or less. For my purposes, it seems sufficient to establish Diana Linthicum as a single woman owning property in Guilford County.
I have to assume that Diana Linthicum died intestate in Guilford County on or about the date inscribed on her tombstone. The estate records consist of a series of microfilm photocopies coming from a file captioned "Guilford Co. Estate Records C.R. 046.508, Box 153” within this box apparently was a file “ Diana Linthacum 1878” as each scanned copy shows this file tab.
The printouts from the file scans that I received do not show an order establishing administration of Diana Linthicum's estate but the earliest record in the printouts I received was five pages showing “List of Sale of the property of Dianah Linthacum Sold for cash May 9th 1878”. The sale list is an interesting period piece and reflects the common household items and “garage sale” prices of the day. There are many familiar family names including Kirkman and Lot, Liz and Susan Linthicum none of whom are familiar to me. The entire proceeds of the sale were $66.43 with the biggest single item being a milk cow and bell for $13.05. From the list of household goods, stored foodstuffs and farm animals, I concluded that Diana was reasonably secure and comfortable and probably had some assistance in maintaining a successful subsistence farming operation of the day.
Following the list of sale proceeds are a series of documents entered by “W. L. Kirkman, Public Administrator of the estate of Diana Linthacum” which were filed May 22, 1878. The file jacket indicates documents were entered on pages 276-9. An additional $1.71 of assets were found raising the value of the estate to $68.14 before disbursements. I cannot help but comment that the $16.00 for the coffin and $10.00 for the tombstone paid to W L Kirkman was just about twice what a cow and bell were worth. I am grateful for the information the tombstone provided.
At the bottom of the page was this summation”
“Amount in hand of Admin for distributions-$17.94, as follows to wit”
John Linthacum $4.49
Charlotte Linthacum $4.49 added before her name: “This paid to” added after her name: “before her death”
Jesse Mitchell children $4.49
Albert? Linthacum $4.49 ( I can’t swear this says Albert)
Another file jacket appears labeled “Final acct” and indicating a recording in Set Book B page 330.
The next set of documents in the file are truly significant, in my opinion, and I will give them my best efforts at a literal transcription:
Guilford County Superior Court
Petition to Sell Real Estate for Partition
Charlotte A. Linthacum
William A. Linthacum
Richard A. Linthacum
John B. Linthacum
William W. Mitchell
John H. Mitchell
Samuel C. Mitchell
Amanda V. Mitchell
The plaintiff complaining alleges-
I That Diana W. Linthacum died in Guilford County in 1878 seized ?? ( i.e. she owned) a tract of land situate in said County on the waters of Hickory Creek adjoining the lands of James Millis, ???? property & others and containing six acres more or less and ???? her leaving the plaintiff and defendants Linthacum being her sisters and brothers and the defendants Mitchell being the children of a deceased sister.
II That owing to the size of the tract of land and the number on tenants in common, partition in kind cannot be had without serious injury to some of the tenants in common and to the plaintiff who desires a partition of said property, prays for an order of court appointing a commissioner To sell the same under direction of the court and dividing the proceeds of such sale among the parties according to their respective interests.
III That none of the defendants are residents of the state, the defendants William A., Richard A. and John B. having left the state before the war between the states, and the other defendants since. Most of the defendants have not been heard from for years and the ???, residents and whereabouts of all them are unknown and service of process upon and then can not be had in this state after due diligence.
Wherefore your partitioner prays for order of sale, and an order of publication, and such other and further relief as may appear to the court when ?????????????????.
Atty for the Petitioner
Charlotte A. Linthacum
being sworn says that the
matters of fact above set
forth are true, the other matters
therein contained she believes to be
Charlotte A. Linthacum (her mark)
subscribed and sworn to this 22nd day of June 1880
J M Nelson C S C
The next document in the file, again dated 22 June 1880, is an Order of Publication, again signed by Nelson ordering the advertisement of the sale of the property once a week for six weeks with the property to be sold at the courthouse in Greensboro on Wednesday the first day of September, next.
The next document in the file is a two-page letter. There are no court documents relating to the letter. It is quite legible and I will transcribe it as written complete with misspellings. The letter is dated July the 30 1886 and reads as follows:
Mr. Kirkman I received
your letter today you
said that land could not
be divided to any advan-
tage. well I guess the
best thing to do is to sell
it to the hiest bidder
get all you can for it
and send my part
to me. where is Jess
tell them to rite to me
send the money rite away as soon as you
can after the sale I
would like to come down
there but my helth is
such I can not come
I have been sick a long
time now am a little better.
Page 2 (I am not sure there is not a page missing)
Kirkman send the money to
Fountain City Wayne County Ind
as ever your friend
The next document in the file is a single page letter. Again, there are no court documents relating to the letter. It is quite legible and I will transcribe it as written complete with misspellings. The letter is headed French Lick Ind and dated May the eighth 1886 and reads as follows:
Mr. Kirkman I take my pen in hand
answer your letter that I receved some day ago
you wanted to know my husbans name
his name is Curtis W. Andrew
I supose his name is all you want as consent
to the sale of aunt dianahs land
as he is willing for the sale to be maid
I know of nothing els to write
if this will not do you can do
you can write again
Amanda V Andrew
The next documents in the file are an Order of Sale No 2 and a Supplemental Order appearing to be dated 25 June 1886. The date is significant and unfortunately written poorly in every instance.
The document is headed: Superior Court Guilford County, Charlotte A. Linthicum v et al, 25 June 1886?, Supplemental Order
It appearing to the court that the petitioner Charlotte A. Linthicum has departed this life since the former order of sale was made in this proceeding. And it further appearing that the defendants are her only heirs at law. And no objection having been interposed to a sale for partition among the surviving parties: but on the contrary it appearing from a letter file written by the defendant Amanda since intermarried with Curtis W. Andrew, that she still desires a sale to which her said husband agrees.
It is ordered
I That Curtis W. Andrew be made a party to the preceding
II That the Commissioner heretofore appointed proceed to make the sale as heretofore ordered after first advertising according to law.
From this point it appears that the legal process for the sale of Diana Linthicum's real estate moved forward again. There is a document labeled "Notice of Action" that appears to be a markup of previous documents forming the basis for the legal advertisement in the Greensboro Patriot. I find two things significant the first being no mention of Curtis W. Andrew and secondly the specific language of the second paragraph of the notice. The paragraph reads:” The defendants who are nonresidents and whose whereabouts are unknown are hereby notified and required to appear at the office of the clerk of the Superior Court of Guilford County in Greensboro on Wednesday the first day of September next an answer or demure to the complaint of the plaintiff, or the relief demanded by the plaintiff will be granted." It is marked: By order of Court 22 June 1880, and signed by J. W. Nelson, CSC. It is not entirely clear if this notice is indeed the notice that preceded the August 1886 sale reported next.
The final set of documents in the file are labeled "Report of Sale" and "Order of Confirmation" and are dated 8 July 1887. In a special proceeding of the Superior Court for Guilford County captioned as above, W. L. Kirkman, Commissioner, reported the sale of Diana Linthicum's land on Monday the second day of August 1886 to a John A. Davis at the highest bid of $95.
The Order of Confirmation states that everything was done legally and orders execution of the title to the purchaser. The third paragraph of the order states that the original plaintiff, which would be Charlotte Linthicum, has died intestate and that there is no administration for her estate. It further states that all other interested parties are nonresidents with no other property within the jurisdiction. Provisions are made to pay the Commissioner, W. L. Kirkman, a $10 fee and the attorney of record, J. T. Morehead a $10 fee also. It is assumed that the balance of the proceeds was absorbed by local jurisdictions in accordance with their laws. These proceedings were signed by Albert A Hatton, CSO
Restating the situation that existed upon the death of John W. Linthicum in September 1847 who had been predeceased by his wife Diana Causey Linthicum in 1842: we had a "born-again" Methodist hat maker who had overcome an alcohol problem and who died intestate leaving several orphans who were never mentioned as "friends" and others tended to his meager estate. John W’s life was memorialized in church records and an obituary in the Greensboro Patriot. Using the 1850 U.S. Census, I had, over the years, assembled a list of candidates for brothers and sisters of my William A. Linthicum, born about 1824 in NC, who I was pretty sure after several years of investigation was likely a son of John W. and Diana Causey Linthicum. I had first found William A in the 1860 US Census in Pendleton Co., KY with Ellen Eades who he had married in 1859 in Campbell Co., KY. William A had indeed died in Crawford Co., IN in 1877 after serving briefly in the US Army during the closing days of the Civil War. I did not find his whereabouts in the 1850 Census until just a few months ago.
Diana W Linthicum (1831 -- 1878) was among the least investigated as detailed above.
Charlotte Linthicum (1838 --ca 1886) appears on the 1850 U.S. Census, Northern Division Guilford County with family 624, the William Lloyd family and was never really on my radar. Guilford County records indicate two possible marriages for Charlotte and she appears in the 1880 U.S. Census, Gilmer, Guilford County as a widow, using her maiden name and living with a Nancy Kirkman family with a cousin relation ship indicated. Of course, I am more curious about Charlotte now and will attempt to learn more of her life, but for right now, Charlotte is my most favorite "great-great aunt” of all time for bringing her case to court.
Elizabeth Linthicum (ca 1828 --ca 1864) had married Jesse Mitchell and was living with Jesse and their young son William S. family 731 in the 1850 census for Northern Division Guilford County. They later had Amanda V who married Curtis W. Andrew after her mother had died around 1864 and her father had taken the family to Indiana. I learned a great deal of this family's history from Andrew descendents in French Lick Indiana several years ago. They had surmised that Elizabeth was a daughter of the better-known Salomon Linthicum who is a brother to John. They were very close.
John B. Linthicum (ca 1834--??) appears on the Northern Division Guilford County 1850 U.S. Census with family number 811, the Wesley Coe family. It appears he is an apprenticed blacksmith. There is a Causey family next door. I know nothing about John B. Linthicum beyond this and wonder exactly who claimed the $4.49 in the May 1878 distribution of the assets from his sister Dianah's estate.
Richard A Linthicum (1828-1892) appears in the Southern Division, Guilford County 1850 U.S. Census with family number 1625, the Margaret Howren family, as Albert Linthicum. Also in the household is a Daniel Linthicum born about 1829** and an Elizabeth Linthicum born about 1798. Elizabeth is likely an unmarried aunt to Albert. Margaret I believe to be a great-aunt, a daughter of Richard Linthicum and Mary Sherwood who married Benjamin J Howren (Houran) in Guilford Co., in 1803.
Richard Albert had migrated to Wayne County Indiana by 1860 where he married Sarah Davis. As indicated in his letter to Mr. Kirkman, he indeed lived there in 1886, dying in Fountain City, Wayne County, Indiana on September 10, 1892. A Certificate of Death Registration that I obtained from the Wayne County Health Department shows his father as John Linthicum with place of birth as Virginia. His mother's name is shown as Diana Corsa with place of birth North Carolina. Richard Albert had reported his father's birthplace as North Carolina on 1880 census. This probably gives me reason enough to attempt once more to see if the original source document is still available to better verify Diana's maiden name but it is possible that this is just the way it was remembered or passed down.
Even with this discrepancy, I now feel that there is sufficient evidence to reach the conclusion I have that in the 1840 US Census for Guilford Co, NC (page 250, line 2) the above six siblings, matching the ages of the 3 male and 3 female children living in the John Linthicum household, with the adults also matching the information we have for John and Diana, must be a father/mother/children family unit.
Daniel Linthicum** (ca1829 -- 1902) The above Daniel Linthicum, who I have always assumed to be a son of John W. and Diana Causey Linthicum becomes the only casualty of all this new information. Reviewing his migration pattern and that of the Elizabeth b 1798 in the Howren household (a apparently unmarried sister of John W and Christopher 1805-), all three appear to be living in Greenbrier Co. Va, in Lewisburg in 1860 and I have little problem changing my assumption to Daniel possibly being the son of Christopher and his first wife, Susannah Bowren. It would not be unheard of for the two young men to be laboring for their elderly aunt(s).
I will appreciate any feedback on this information and these families
Terry L. Linthicum
5 W Placita Hopkins
Green Valley, AZ 85614