A Search for the Father of Richard Odom, Chowan County, North Carolina

Question: Who is the father of Richard Odom who died in Chowan County, North Carolina in 1727?

I’ve been doing genealogy research since pre-Internet and pre-genealogy acronyms. This involved the old-fashioned way of scrolling through microfilm and looking through books at the genealogy libraries.  "Back then” we were told it was very important to look at the people listed 20 pages before and after our “find”. Make a record of the people living around our person/family. I’ve recently come across the genealogy acronym: FAN (Friends, acquaintances and neighbors) for this method. Remember, our relatives often moved in groups from one place to another. By following other families, we can often find ours. This information is important in following the both the Odian and Odom families into North Carolina. The Lower Norfolk Odean family is NOT the same as the Nansemond Odom family.

The Richard who wrote his will in 1727, is from the Nansemond line. In order to follow the Nansemond line, I believe it’s important to start with the will of Richard Odom. Richard Odom made his last will on 12 Aug 1727 and it was proved on 12 Jan 1727/28 in Chowan County, North Carolina.  This gives us a list of family names. (I'm so sorry, I cannot find this site of the will transcription again, I'd like to give credit to the person who took the time to "translate" this will.)

12 Aug 1727 Richard Odom's Will

Original at Raleigh, State Archives, North Carolina
Will is in very poor condition and very hard to read.
Eldest son Richard Odom - cattle w/ moon mark, plantation 50 acres, one for 100 acres another 50 acres and negro named Dorely
Second son John Odom 50 acres, one negro named Tony and stock of cattle. (some part of this is not legible--it might be a plantation)
If the above die without lawful heir then goes to youngest sons Jacob and Aron equally divided Sons Abraham Odom, Jacob Odom and Aron with Abraham first choice 350 acres cotton land No lawful heirs goes back to others
Youngest sons Jacob and Aron Odom 80 acres
Four daughter Ann, Sarah, Elizabeth, Jane remaining land and their heirs
Aron Odom a plantation no lawful heir goes to Jacob Odom and leaves him a negro woman named Sols
Abraham and Jacob negro wench which shall bring forth, first goes to Abraham Odom at one year of age
Abraham and John remaining land on Knotty Pine Swamp
Abraham come to join Arons land and running to the Great Branch to my line at Goff Folly Branch
Grandaughter Ann Vann a heffer to be delivered to Joseph Vann a heffer w/ moom mark.
.. land before given and every of my sons and daughter as leg---- be --- ---al---ed but from one --- my children to the other but that my said land ----e--- part and parcell ---- --- ne and remain to the peop--- and --- --- of ---Odium and the heirs of --- body lawfully to begotten fore e---
Daughter Elizabeth one calf
....will and desire that my two yougest sons, Jacob and Aron Odium may be free at there own ....att(sic) sixteen years of age
Anne Odium shall have labor of my negro man and given cattle for support and maintenence of her .. and young children but if alter her conditons and marryes then the ....... to be divided between my three youngest sons Abraham, Jacob and Aron Odium.

Richard and Abraham to executes last will and testament
Signed sealed and delivered 28 March 1728
signed Richard Odium
wit Edward (E) Warren  his mark
Edward Vann
James Bradey
Richard Taylor 

When looking at pre-revolutionary war wills, it's important to know:

A. Will vs. Testament

A will pertains to real property, land division. A testament bequeaths personal property.

B. Naming Customs

Remember in this time period that Virginia was a colony of England, as such it was under the rule of English Common Law. In addition to using English customs. What does this have to do with naming patterns in Virginia?

1. During this time, under common English Law, middle names were reserved for the nobility, it was illegal for the rest of the population. The German immigrants ignored this law and used middle names.

2. Conventional naming patterns (Because of high infant mortality, the names might seem out of order. Or, some people like to do their own thing!):

MALES:

1. First-born son named for Father’s Father
2. Second-born son named for Mother’s Father
3. Third-born son named for Father
4. Fourth-born son named for Father’s eldest brother

FEMALES:

1. First-born daughter named for Mother’s Mother
2. Second-born daughter named for Father’s Mother
3. Third-born daughter named for Mother
4. Fourth-born daughter named for Mother’s eldest sister

C. FAN (Friends, acquaintances and neighbors)

Who witnessed the signing of the will, who were the executors, who did the inventory of the estate, etc? Researching these people can turn up more relationships.

D. Inheritance Law

During the Colonial Period, in the southern colonies there was a rule of male primogeniture, which only applied to land (real) property. Although the law was specifically used for men who died intestate, the southern colonies tended to follow the rules. Although complicated, it basically means that the oldest son inherited the main property/plantation. In the south this was important so that the land would not be broken up into smaller partitions.

In North Carolina, wives did not have any control of their deceased husband's estate until 1663. At that time a  dower's law was enacted insuring that a widow would received her share of  her husband's real estate. This Dower's law entitled her to one-third of her husband's real estate. She was not allowed to sell the property, but the husband could not sell the property without her consent.  The laws of inheritance changed after the American Revolution. 

For right now, let's just remember the males in the line: Richard (oldest), John (second son), Aron and Abraham (According the Richard Sr will, Aron and Abraham are the youngest.)

Let's also keep an eye on the Vann family!

Happy Hunting - Until next time!