Edmund may have had a strong reason not to follow the order given by Thomas, Sr. However, Edmund did not make a Will. The oldest of Edmund's children came of age on December 31, 1822, the day after Edmund's death. The Orphan's Court was notified and arranged to provide the proper amount for James Philip, the son. But within a year the son had mortgaged the interest on the money from the Estate. By April 1829 he was in real need. Unable to pay anything on his original debt he was forced to convey all his right, title and interest in the property to Daniel and John W. Holmes, who had loaned him money.

The April term of the Orphan's Court was in session and the Holmes brothers applied to the Court at once. A Commission of three strong and able men were appointed: Edward Taylor, James Hopping and Leonard Walling.

They were ordered to survey and map the entire Plantation which was then nearly 800 acres. The men were ordered to report to the Court at the July session, and after careful study of what the men had accomplished, the Court reappointed them to make a new survey and to map fifteen lots.

They were also ordered to arrange for a PUBLIC OUTCRY AND VENDUE, to be held at the Brown's Point Tavern on November 3rd and 4th, in that same year of 1829. Signs were to be put up on trees, etc., and notice placed in a good newspaper, describing the Vendue, sixty days before Nov. 3 and 4, 1829.