Posted on: Sumner Co. Tn Queries Forum Reply Here: http://genconnect.rootsweb.com/gc/USA/Tn/Sumner/11974 Surname: RIPPY, BROWN, STONE, GREGORY, KEY, ROLIN, ROWLAND, ROALIN, MOODY ------------------------- March 11, 1867 in loose records and wills there is a Petitioner of Phillip MABRY and his wife Elizabeth MABRY, Sarah Brown and Edwin Duffer Adm of R S BROWN, deceased and Mary E Brown, Geore W Brown, John W Brown, Jefferson Davis Brown and Sidney Morgan Brown, minors of Uncle and Next Friend, Charity Anglea, filed in Chancery Court at Gallatin to the Honorable Thomas BARRY, Chancellor Presiding for the County of Sumner At Gallatin. It says that Elizabeth Brown and Robert Sidney Brown had lands and that she intermarried with the Pet. Phillip Mabry and the said R S Brown died without a will. Sarah Brown Sidney's widow and Mary E, Geo and Jno and J Davis and Sidney M, his heirs and children were appointed an Adm upon the Estate of R S BROWN. This says that Eliz Brown MABRY is entitle to one third of land for widow and heirs to 2/3 and 2/3 subject to dower of Petitioner. The Bailiff was W. S. MUNDAY this was submitted the 23 of March 1867 by S J Edmund, A Cline and Allen Graves and George Troutt, Commissioners. There is a map surveyed by J A NENOMS; another suit filed Robert W Mabry, vs. Maria Soleman, Martha and Frances Soleman saying the two latter are minors w/o guardian and that it appointed J J Turner to be guardian over them 1867. There's a Final Decree alloting land of 113 acres to be divested and vested to Elizabeth BROWN MABRY and her heirs and assigns forever and payment of debts to be met and not interefere with dower of Sarah Brown. $25 to W S MUNDAY Solicitor of Petitioners. There is also a loose record of James RIPPY, et al vs RIPPY, SUSAN, et al 1873 over the deceased Josiah Rippy and Elizabeth mayberry signed by Jesse Cage, court Clerk. 27 jan 1873 This is a summons by the Sheriff of Sumner Co to Susan, Thomas, Mary E, William M, S M Brown, R J D Brown, Jno W Brown, George W Brown, M L Anglea Guardian and Edward Duffer, ADM to appear in court to answer a petition of James B RIPPY et als, filed against them in Court about the probate of the Will of Josiah Rippy, deceased. and A D BRASWELL is the special deputy and Wm JOYNER the Sheriff Mary A WITHAM and husband William; Martha A RIppy and husband, Andrew; Sarah and husband A H Brewer, Nancy and F M Witham and A S Rippy failed to show up in court and therefore a devisavit-vel-non, non disputed judgment was decreed that the will of Josiah Rippy will be in full effect and remain as stated in the Records and Will Book of this court and that the contestants had to pay the costs of the proceedings. On page 8 there is a note to C M AUSTIN, Judge of the Co Court of SUMNER. stating that James C RIPPY, mary A and William WITHAM, Martha J and Andrew RIPPY, Sarah and A H BRUER, BREWER?, Nancy and F M WITHAM, SS RIPPY filed against Susan and Thomas RIPPY, Mary E and William m RIPPY and Sydney M, RJD, John W and George W BROWN, minors and their guardian M L ANGLEA and Edward DUFFER Adm of Elizabeth Maberry dec a petition to show that Josiah RIPPY died 1845 and that in Nov 1845 a paper purporting to be his last will and Testament was admitted to probate by Elizabeth Brown RIPPY who was named Executrix in the Will. The petitioners wanted to show that these children were of another wife, a former wife of Josiah : James B, 15; Mary A Witham, 13; martha J Rippy, about 11, Sarah Bruer about 9, Nancy Witham about 7 and S L Rippy about 5 yrs of age. All minors and young, very young and leaving a child Susan Rippy and Elzabeth intermarried with Thomas Rippy and Elizabeth Brown married Wm Morgan Rippy who had Sydney M Brown and R J D Brown, Jno W Brown and George W Brown, gchildren of the said, Elizabeth and were children of her deceased son, Robert Sidney BROWN. All 4 were minors and had M L Anglea as their guardian. Edward DUFFER was the Adm of Elizabeth MAYBERRY (Rippy)'s will but she had married Philip MAYBERRY/MABRY before her death. The petitioners said that Josiah was not in good mind to dectate the papers and will. This was done 27 jan 1873 with Solicitor W S MONDAY and S.L RIPPY and Jesse Cage, CLERK. Now the Nov term 1845 in Co Court of Sumner said the paper was invalid. The petitioners had to pay $500 to Susan and Thomas RIPPY, Sydney M Brown, R J D, Jno W and George and their Guardian M L Anglea and Edward Duffer along with M Fikes, J K Gant and S P Hodges and said it has to be granted by 1st Mond in March 1873. This paper allows the court officers or whoever they are to sign for these folks saying that they will pay for this Feb 8, 1873 They denied that the paper was false and not Josiah's will and etc. The petitioners said that it's too late since the attempt was set aside for more than 27 years according to a case presented by James W BLACKBURN, Solcitor sworn to and subscribed the 3 Feb 1873 by Thomas W RIPPY and Clerk, Jesse CAGE In 1874 Hon Jo. C GUILD, Circuit Court Judge stated that the contestants abandoned the contested Will and failed and neglected to prosecute and recover. If I understand this correctly, when Josiah died these folks were granted his lands and then this other person comes and says they were not minors and got the land back or some money for damages, or something. Now if Josiah died in 1845, it seems impossible that this could be happening 28 yrs later, but who knows? Anyhow, this seems to me to be saying that your Elizabeth may not be a MABRY at all, but a RIPPY by marriage and a McCLARY or BROWN before that? Check with the Sumner Co Archives and maybe you can get a copy of this and get someone to explain it better. I was interested in it because William Morgan RIPPY was my GGDad and he was b. 1845 and married Mary BROWN 1869 or sometime like that when she was 15 and pregnant, according to a legend that Freddy Brown had in the book Dance BROWN and his Descendants. I show a Josiah A RIPPY (1806-1845) m. to Margaret BELL (1806-1840) Botetourt Co VA heirs James Buchanan RIPPY b. 1826 m. Elizabeth TROUTT Mary Ann "Polly" RIPPY b. 1829-1912 m. Wm WITHAM Martha J RIPPY (1834-1905) m. Andrew RIPPY (1830-1896) Nancy RIPPY (1834-1917) m. Francis Marion WITHAM Sarah RIPPY (1836- ) m. Arthur H BREWER Samuel Lytle RIPPY (1837-1910) m. Sylvesta TROUTT(1834) then his 2nd wife was Elizabeth MCCLARY (1806-1871) and they had Malinda Susan RIPPY (1844-1888) who married Thomas Whitesides RIPPY (1840-1921) As you can see these children of Margaret Bell and Josiah were quite older when Josiah died. This suit doesn't seem to make sense to me! Oh, well. I must be misunderstanding it. PARH