Theopolius Kirk1

M, (24 April 1813 - 31 May 1862)

Father*William Kirk1 (1780 - c 1830)
Mother*Elizabeth (?)2
Theopolius Kirk|b. 24 Apr 1813\nd. 31 May 1862|p823.htm|William Kirk|b. 1780\nd. c 1830|p2451.htm|Elizabeth (?)||p2450.htm|Michael Kirk|b. c 1749\nd. c 1819|p2452.htm|Elizabeth Graham|b. b 1765|p2453.htm|||||||

Relationship 3rd great-granduncle of James Jay McKinney.
Last Edited 25 Mar 2000
Researcher 0
Unrelated 0

Marriage* Principal=L. (?)3 
Birth*24 April 1813 1 
Marriage*before 1850 Principal=Jane (?)1 
Death*31 May 1862 Scioto Co., OH1 
Burial*after 31 May 1862 Squires Cemetery, Scioto Co., OH3 
Note*23 August 1864 Scioto Co., OH, Jim -- About 4 years ago, I had someone in the OH Genealogical Society search records, and this copy of a petition is one they sent. Until that time, I had no idea what Jane's maiden name was. Actually after I read the petition, I still couldn't figure out how these people were all related, but I think I have it now.

SELECTED ABSTRACTS FROM COMMON PLEAS AND CHANCERY -- SCIOTO COUNTY, OHIO (1810 - 1875) by Caryn R. Shoemaker, C.G.R.S., Rt. 2, Box 561, Minford, Ohio, July 1985

P. 414
Michael Kirk vs. Jane Kirk et.al.
Court 13 Nov. 1866, filed 23 Aug 1864. Petitioner has 2/7 interest in NE 1/4 of 27-4-20. Tenants in common are:
Susey Matherson, wife of William Matherson, of Fulton Co., Illinois, 2/21
Mary Rob, wife of James Rob, of Linn Co., Iowa, 2/21
Elizabeth Barkis, wife of Henry Barkis, of Columbiana Co., Ohio, 2/21
Margaret Coburn, of Columbiana Co., Ohio, 2/21
Theophilus Sloan, Sarah Sloan, Ann Sloan, Allen Sloan, Freeman Sloan, all of Scioto Co., each 2/105 interest. [added together = 2/21]

Jane Kirk, widow of Theopolis Kirk, deceased, has dower rights. Since commencement of suit, defendant Jane Kirk has married James Parnell, made party defendant. She denies having dower rights, by his will dated 10 My 1862, which gave her 1/3. He died 31 May 1862. On 17 June 1864, it was produced in court and she elected to take under the will as devisee.

(Michael, Susey, Mary, Elizabeth, Margaret, and Jane were all siblings of Theopolis. Jane was not living, so her part was sought by her children. Evidently the will gave his wife 1/3, so they were suing for the balance. I checked the math one time, but can't find it.)

Cross petition filed 23 March 1866, filed by heirs of John Kirk. (John was another brother of Theopolis, who evidently didn't get in on the first petition.) It lists his children, as he had died.

Land was ordered to be sold.

Phyllis4 

Family 1

L. (?)
Marriage* Principal=L. (?)3 
Children

Family 2

Jane (?)
Marriage*before 1850 Principal=Jane (?)1 
Child

Citations

  1. [S89] Patricia R. Cauthorn, online unknown url, unknown author (unknown location), downloaded February 2000.
  2. [S70] E-mail: E-mail from Phyllis Zachow to Jim McKinney on 27 Feb 2000.
  3. [S70] E-mail: E-mail from Phyllis Zachow to Jim McKinney on 22 Mar 2000.
  4. [S70] E-mail: SELECTED ABSTRACTS FROM COMMON PLEAS AND CHANCERY -- SCIOTO COUNTY, OHIO (1810 - 1875) by Caryn R. Shoemaker, C.G.R.S., Rt. 2, Box 561, Minford, Ohio, July 1985 transbribed via e-mail from Phyllis Zachow to Jim McKinney on 15 Mar 2000.