Absalom Hooper, Sr. (c.1753 - 1845)

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Birthdate:
Birthplace: Broad River, South Carolina, United States
Death: Died in Jackson, North Carolina, United States
Occupation: Blacksmith who fought and was wounded during the Revolutionary War.
Managed by: Catherine "Erin" Spiceland
Last Updated:

About Absalom Hooper, Sr.

The transcription of the following court documents were copied from Anne Goodwin's Family Source Compass and permission to publish on this thread was expressly given by the author of that web page on 9 January 2012.

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An equity case which was brought in Jackson County, NC in September 1853

Enos Hooper, et. al. vs William and Isaac Hooper

Be it remembered a Superior court of Law and Equity is on this 19th day of September A.D. 1853 being opened and held for the County of Jackson aforesaid at Allen Fisher's new store house in said County, the Honorable David F. Caldwell Judge present and presiding when and where the following proceedings are held

Enos Hooper & others

vs.

William Hooper

Isaac Hooper

The answer of William Hooper

is filed and by consent is

received as the answer of his

Co. Deft Isaac HooperRecapitulation and Comparison

<snip>

Be it known that at a Superior Court of Equity opened and held for the County of Jackson in the State of North Carolina afr. the 3rd Monday in March 1854 Present and presiding the Hon. John M. Dick one of the Judges of the Several Superior Courts of Law and Equity in said State when the following proceedings were had

Enos Hooper et al

Wm. & Isaac Hooper

Answers filed at last

Replicatin & Comp.

It is ordered by the Court that notice where any one of the complainants living in North Carolina be sufficient for the defendants to take testimony and notice upon Wm Hooper be sufficient for the plaintiffs to take testimony.

To Fall Term 1853 Enos Hooper & others

vs.

William Hooper &

Isaac Hooper

State of North Carolina

Jackson County

A Bill

In Equity

Spring Term 1853

To the Honorable the Judge of the Court of Equity, for Jackson County in the State of North Carolina.

The Bill of Complaint of Enos Hooper, James Hooper, William Most and wife Elizabeth, Abram Pickelsimer & wife Elenor, Benjamin Chastain and wife Nancy, Absolem Hooper, Mary Brown, John Hooper and wife Margaret, Milton Brown and wife Kisiah, and Jonathan , William, Andrew, Caroline, Sarah, and Mary Hooper children of Andrew Hooper, complainants against William Hooper of the County of Jackson and Isaac Hooper of the State of Georgia defendants.

Your complainants humbly complaining showeth unto your Honor that one Absalem Hooper late of Haywood County in the year 1835 was in the possession and was the owner of a valuable tract of land situated in said County now the County of Jackson stock of all kind, wagon Blacksmiths tools, Household and kitchen furniture, a considerable amount of money and all the convenience that were necessary to render his situation in life comfortable. He had a large family of children composed of the complainants and defendants, who had married and settled off from him, leaving him and his wife in possession of every thing that was necessary in the way of property to make then comfortable and happy. That the said Absolem was old and infirm and for -several- years previous to the year 1835 had been afflicted with a nervous affection and particularly of the head, that he had had one or more attacks of paralisis or palsey, which had greatly impaired his general health and almost destroyed his mind.

That the defendants William Hooper and Isaac Hooper who are the two youngest sons, and lived in the immediate neighborhood of the said Absolem, were frequently at his house, and took charge of him and his business very much and acquired such influence over him that he was entirely under their control.

That while the said Absolem was in this weak imbecile state of -health- entirely incapable of managing his affairs with prudents and discression and unfit to transact any important business, the said William & Isaac Hooper well knowing the condition of his mind and the unbounded confidence and influence they had acquired over him since his affliction had come upon him secretely and fraudulently combined and confederated together to procure from the said Asolem conveyances for his land and other property and in persuance of said fraudulent design the said William Hooper on the 29th of June 1835 induced the said Absolum to convey to him in consideration of love and affection the following tracts of land situate and being in the County of Jackson on Caney fork, Beginning at a white oak on the South side of said creek, on the upper or South East corner of No. 11 and runs south 60 East ninety-four poles to a white Oak on the side of a hill, Thence north 30 East one hundred and thirty eight poles to a Oak in a bottom passing Caney fork at one hundred poles, thence North sixty- west one hundred and fifty poles to a small post Oak on the east boundry of No 12. Thence South seven west one hundred and forty- eight poles to the beginning, containing one hundred acres which will more fully appear by reference to a copy of conveyance marked "A" as an exhibit and prayed to be taken as a part of this bill, and the said Isaac from the said fraudulent and corrupt motive induced the said Absolem to convey to convey to him - the remainder of his lands in said County, to wit: eightyseven acres in section No 12, Dist No 4 Beginning at a white oak on the point of ridge on the north side of Caney fork near the mouth of Moses creek in the line of No. 11 and runs East fortyeight poles to an oak in the bottom near the creek Thence north seven east one hundred and twenty eight poles to a white oak on a ridge crossing the Caney fork at sixty poles, thence north eight-three west one hundred and ten poles to a white oak on the mountain-side having crossed or passed Moses Creek at 80 poles, then s. one hundred and thirty eight poles to a post oak-bush having passed a spring at eighty poles. Thence to the Beginning which his several tracts embraced all the real estate that the said Absolem Hooper at that or any subsequent time. Your complainants further showeth unto Your Honor that shortly after the dates of said conveyances the said William & Isaac took possession of their respective tracts, that William's tract included the dwelling house and all the improvements and he built a cabin on the same tract, and moved the said Absolam and his aged mother into the cabin and he and his family moved into the mansion house taking possession of all the property and effect of the said Absolem and controling it in the same manner as though it was his own and in fact supporting in a great measure his family out of the effects of the Absolam.

That on the 1st day of January 1838, the said Isaac conveys to the said William his tract for and in consideration of Four hundred Dollars as will more fully appear by reference to a copy of said Conveyance marked "B" as an exhibit and prayer to be taken as a part of this bill and since which time the said William has been in possession and claiming both of said tracts of land. Your complainants further showeth unto Your Honor that the said William Hooper in the year 1844 a short time before the death of the said Absolem, well knowing that his first conveyance as herein before charged, was made under such circumstances as would render it inaffectifal to pass the title and knowing that his influence over the said Absolam was greater and much more absolute than it was in the year 1835, made the said Absolam make him the said William another conveyance for the same land purporting on its face to be upon the consideration of five hundred dollars in hand paid and bearing date on the 6th day of August 1835 which will more fully appear by reference to a copy of said conveyance hereto appended marked "C" and prayed to be taken as a part of this bill. Your complainants charge that said conveyance was executed in the year 1844, and falsely and fraudulently made to bear date on the 6th August 1835, that it purports to be inconsideration of five hundred dollars in hand paid when in fact not one cent was paid or promised or seamd to be paid and that at the date of said last conveyance the said Absolam had become so old and childish that he was incapable of transacting any business. Your complainants further showeth unto Your Honor that from the time that the said Absolam was first attact prior to the year 1835 with paralisis, up to the period of his death his mind was at all times more or less feeble and the greater part of that time so weak and imbecile as to render him incompetent to do any business, frequently would not have intellect enough to recognise his children and not ... when they would come to see him and complainants charge that this was the condition of the said Absolam's mind at the period of the said conveyances to defendants, and that said conveyances were procured by the said William & Isaac exercising and undue and fraudulent influence over the said Absolam and compelling him to convey all his property to them, when they well knew that it was the wish of the said Absolam that his property be divided equally among his children and had at time made his will to that effect, but was induced to destroy it again by William & Isaac, so that they might more effectually carryout their fraudulent design of getting conveyances to themselves. Your Complainants further showeth unto your Honor that the said Absolam & his wife continued to reside in the said cabin near the defendant Williams until December 1844 when he departed this life intestate and administration was granted to the complainant Milton Brown who called upon the defendant William for the property belonging to said estate who gave him up an old wagon, table, bed and ax not amounting in value to twenty dollars and set up claim himself to every thing else found on the premises. Your Complainants charge that at the date of said conveyance in the year 1835 the said Absolam was in the possession and owned three horses, wagon, one set of blacksmith tools 10 or 12 head of cattle 60 head of hogs, sheep, household and kitchen furniture and had in cash between six hundred and one thousand dollars on hand, all of which went into the hands of the said William & Isaac and which was procured from the said Absolam by the exercise of an undue and fraudulent influence over him and they now refuse to account to his said Administrator for any part of said property under the false and fraudulent pretense that they were purchased from their Father & paid value for all they received. Your complainants showeth unto your Honor that the said Absolam left your complainants Enos Hooper, James Hooper, Elizabeth Most, Elenor Pickelsimer, Nancy Chastain, Absolam Hooper, Mary Brown, Margaret Hooper, Kisiah Brown and Jonathan, William, Andrew, Caroline, Sarah, & Mary Hooper, children of Andrew Hooper, a son of the said Absolam Hooper, and the defendants William & Isaac Hooper his only children and heirs at law and entitled by law to hold the real estate of the said Absolam by discent as tenants in common.

Your complainants being remediless save only in this Honorable Court where matters of this kind are properly cognizable and reclaimable, pray your Honor to declare that said conveyances obtained by defendants William & Isaac were procured by the exer- cise of an undue and fraudulent influence over the mind of the said Absolam and the same be delivered up unto this court and be cancelled and they be declared Trustees for themselves and the remaining heirs at law of the said Absolam, and that they be required So to convey said lands and premises and further that they be required to account for the rents and profits of said lands and the value of the other proper so received as aforedaid and such other and further relief as the premises require or will justify and may it please your Honor to grant your State Writ of subpoena to issue to the Sheriff of Jackson County Commanding him to summon on the defandant Willam Hooper to appear and that publication be ordered requiring the said Isaac Hooper who is a citizen of the State of Georgia to appear at the next term of this Honorable Court to be held for Jackson County on the 3rd Monday in September next and full true and perfect answers make to all the charges and facts of complainants Bill and more especially to answer- what they respectfully gave the said Absalam Hooper for said tract of land and that said William answer how he paid the said Absalam the five hundred dollars mentioned as the consideration in the deed of the date of the 6th day of August 1835, and especially if that said Deed was not written and signed by the said Absalam in the year 1844, and why was it given the false date of the year 1835, and that they each answer what other property had the said Absolam at the date of said deed in 1835, what became of it and what had he at his death and what became of it and became of the money the said Absalam had at the date of said conveyance and the amount thereof, and all other matters and things herein charged, in the same manner as though especially interrogated as to each as in duty will every pray.

Gaither I. Woodfin, Jur

for complainants

Enos Hooper & others

vs.

William Hooper & Answer of Wm. Hooper

Isaac Hooper

To the Honorable the Judge of the Court of Equity in and for the County of Jackson and State of North Carolina.

The answer of William Hooper to the bill of complaint of Enos Hooper & others filed against this defendant and Isaac Hooper in this Honorable Court. This defendant reserving every right of exception to complainants send bill of Complaint for answer thereto. Saith that it is true as charged that the persons named in Plfs. bill are the heirs at law of Absolam Hooper deceased who owned the lands described in said bill in 1835, and convey as charged to this deft. and the said Isaac Hooper and the latter conveyed, subsequently his part to this defendant, the complainant sd. Enos Hooper being a Witness to said deed. It is also true that said Absolam was old and infirm and so was his wife the mother of this defendant but it is not true as alledged that he was of weak and imbecile understanding and incapable of contracting or managing his business or that the conveyance of said land made by him tho this deft. was executed by or through the influence, coersion, fraud, or circ- cumventing of this defendant or any one for him. But the truth of the matter was this: the said Absolam being old and physically infirm and having entrusted to all his other and older children as far as he was able to do, was desirous of doing something for this defendant and at the same time to make provision for himself and wife for the remainder of their lives. For this purpose and of his own free will without any suggestion from this defendant to that effect and in this defendants absence he executed the deed of the 29th of June 1835 and had the same recorded and registed. He then afterwards exacted from this defendant a bond to provide for support and maintain him and his wife during their life for the final sum of one thousand dollars which this defendant gave and the conditions of which he has faithfully kept ever since.

This defendants mother is still living, is very old and infirm, and is nursed and provided for by him and his family and will be by him supported and mainted during her life. The lands obtained by him is a very inadequate compensation for such labour and expense, and would never have been undertaken by deft. if he had been influenced by pecuniary considerations. The original bond is herewith filed as a part of this answer marked "A". Thus the matter stood till June 1844 when the said Absolam took counsel of a friend as to the validity of what he had done expressed his wishes freely and the reasons for said conveyance and being told that his first deed was not good for want of a consideration, caused the last to be drawn, inserting in it a consideration of $500, half of the amount of this defendants bond and antidated it not to deceive but to give it effect as part of the original contract and agreement. But this defendant ansrs that at the time he made and delivered the last deed, he had sufficient understanding to convey and did it freely and voluntarily, and to carry out a contract previously made and an intention for a long time entertaind. This defendant further answering says that the conveyance from the said Absalam to the said Isaac Hooper, was freely and voluntarily made as an advancemt to him, and at a time when he was fully able to comprehend and understand the effect of his act. The said Isaac Hooper now resides in the State of Georgia and has not been served with a process in the case. This defendant has more of the personal property of the said Absalam Hooper in his possession but the same was all given up to the Plf. Milton Brown his admr even the bed on which this defts mother rest after said Absolam's death. But defendant submits whether the said administrator can bring his cite of traser in this Court supposing his statement to be true to recover for the conversion of this property or gain his claim thereto with the other plaintiffs in this suit who are seeking to void the deed given to deft. for the land. Having answered all the allagations on Complainants bill as fully as he is advised it is material denying all fraud and consideration prays to be dismissed with his reasonable costs in this behalf so unjustly extended and as in duty bound will ever pray &c.

Jno. Baxter

Int. for Deft.

North Carolina

Jackson County

William Hooper, the defendant in the forgoing answer swears that the facts therein stated as of his own knowledge are true, and those not of his own knowledge he believes to be true.

Sworn to and subscribed this 20th

Sept 1853 signed William Hooper

Allen Fisher C. M. E.

Married: 1783 in Elbert Co., GA

Children

John (Jackie) Hooper b: 1783 in Elbert Co., GA

James Hooper b: 1784

Elizabeth Hooper b: 1786

Absalom Hooper b: 1789

Eleanor (Elinor) Hooper b: 12 Apr 1790 in North Carolina

Andrew Hooper b: 1792

Nancy Hooper b: 1795

Kesiah (Cassa) Hooper b: 1796

Mary Hooper b: 1798

Enos Mchenry Hooper b: Abt 1802-1805

Margaret Hooper b: 1802

William Hooper b: 1802

Isaac Hooper b: 1807

view all 18

Absalom Hooper, Sr.'s Timeline

1753
1753
Broad River, South Carolina, United States
1783
July, 1783
Age 30
Elbert, Georgia, United States
1783
Age 30
1784
1784
Age 31
Georgia, USA
1787
1787
Age 34
Georgia
1789
1789
Age 36
Pendleton District, South Carolina
1790
April 12, 1790
Age 37
Pendleton Dist., SC, United States
1792
1792
Age 39
Pendleton District, South Carolina
1794
1794
Age 41
Pendleton District, South Carolina
1794
Age 41
Pendleton District, South Carolina