H C OOPER OMPASS V 1, I 1 N 1999 OLUME SSUE OVEMBER Editor's Message Hooper vs. Hooper by Anne Goodwin Jackson County, North Carolina Equity Court Records: This extended abridgment reveals the The editor of this newsletter hopes to stimulate vicious nature of a suit pitting ten children of interaction and share information on several Absalom Hooper (ca 1765-9 Dec 1845) against two early Hooper families of the United States. The of their brothers. Enos Hooper brought the case in focus will be on Hooper lineages of southern or Spring Term 1853, but the complaint and response frontier locations during the late 18th and 19th were recorded during the September Term of that centuries. Each issue will include articles on year. The opposing declarations give alternative several lineages or locations. views of the later life of the parents. Recently, much data and debate has appeared online at sites such as the LDS FamilySearch The Bill of Complaint also distinguishes between page or at the Genforum bulletin boards. Even the legal and the lineal heirs. The difference more has been shared via emailing lists such as arises because of the differing rights of males Ron Hooper's "Hooper Reflector," and HOOPER- and females. Married women of antebellum L or [email protected]. North Carolina had no legal status to approach Still, many researchers lack access to email and the court. Under normal circumstance, only the Internet. This quarterly publication is single women (above the age of majority) or intended to help Hooper family historians bridge widows could act in their own behalf when the gap between electronic communications and seeking the protection of the courts. Husbands, the print world. 5 therefore, are named as legal heirs in right of their wives. Lineal heirs, in contrast, are the direct descendants of the party in question. The first list of heirs, below, identifies the legal heirs I T I claimed as parties to the suit. The second list NSIDE HIS SSUE (page 2) shows the actual lineal heirs. The distinction is significant in identifying a few of 1 Editor's Message the families. Hooper vs. Hooper 1 Spelling of names is unaltered from the court (first in a series of four articles) record. Common words and punctuation are herein updated to modern usage. 5 Confederate Pensions – Virginia The Bill of Complaint of Enos Hooper, Whatever Happened to… 5 James Hooper, William Most and wife Elizabeth, Burrell Hooper Abram Pickelsimer & wife Elenor, Benjamin Chastain and wife Nancy, Absolem Hooper, A Quarterly Publication, © 1999, 2008, 2010 of Mary Brown, John Hooper and wife Margaret, Milton Brown and wife Kisiah, and Jonathan, A G NNE OODWIN 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 WEBSITE defendants. www.HooperCompass.com … Absalem Hooper, late of Haywood County, in the year 1835 was the owner of a valuable tract in “giving direction to your Hooper family searches 1 Jackson [County], stock of all kind, wagon, as though it was his own and in fact supporting in a blacksmith's tools, household and kitchen furniture, great measure his family out of the effects. a considerable amount of money, and all the That on the 1st day of January 1838, the said convenience that were necessary to render his Isaac conveyed to the said William his tract in situation in life comfortable. He had a large family consideration of $400 [said conveyance marked “B” of children composed of the complainants and as an exhibit] since which time the said William has defendants, who had married and settled off from been in possession and claiming both of said tracts him, leaving him and his wife in possession of every of land. thing that was necessary in the way of property to …That the said William Hooper in 1844 a short time make then comfortable and happy.(1) Said Absolem before the death of the said Absolem, well knowing was old and infirm and for years previous to the year that his first conveyance was made under such 1835 had been afflicted with a nervous affliction and circumstances as would render it ineffectual to pass particularly of the head, that he had had one or the title, made the said Absolam make him the said more attacks of paralysis or palsy, which had greatly William another conveyance for the same land impaired his general health and almost destroyed his purporting on its face to be upon the consideration mind.(2) of $500 in hand paid and bearing date on the 6th day …defendants William Hooper and Isaac Hooper of August 1835 [conveyance marked “C”]. Said who are the two youngest sons, and lived in the conveyance was executed in the year 1844, and immediate neighborhood, were frequently at his fraudulently made to bear date on the 6th August house, and took charge of him and his business very 1835, that it purports to be in consideration of $500 much, and acquired such influence over him that he when in fact not one cent was paid and that at the was entirely under their control. That while the said date of said last conveyance the said Absolam had Absolem was in this weak imbecile state, the said become so old and childish that he was incapable of William & Isaac Hooper secretly and fraudulently transacting any business. combined to procure conveyances for his land and Your complainants further showeth that the said other property. Absolam was first attacked prior to the year 1835 …defendants William Hooper and Isaac with paralysis, up to the period of his death his mind Hooper …are the two youngest sons was at all times more or less feeble and the greater part of that time so weak as to render him The said William Hooper on the 29th of June 1835 incompetent to do any business, frequently would (3) induced the said Absolum to convey to him in not recognize his children when they would come to consideration of love and affection the following see him. Complainants charge that this was the tracts of land situate and being in the County of condition of the said Absolam’s mind at the period Jackson on Caney fork, …on the south side of said of the conveyances to defendants. Said William & creek, on the southeast corner of No. 11 … on the Isaac … when they well knew that it was the wish of east boundary of No. 12. .., containing 100 acres(4) the said Absolam that his property be divided equally [marked “A” as an exhibit] …and the said Isaac from among his children and had at time made his will to the said fraudulent and corrupt motive induced the that effect, but was induced to destroy it again by said Absolem to convey to him the remainder of his William & Isaac. The said Absolam & his wife lands in said county, 87 acres(5) in section No. 12, continued to reside in the said cabin near the District No. 4 … ridge on the north side of Caney defendant Williams until December 1844(6) when he fork near the mouth of Moses creek in the line of departed this life intestate and administration was No. 11 …mountain-side having crossed or passed granted to the complainant Milton Brown (7) who Moses Creek … which several tracts embraced all called upon the defendant William for the property the real estate that the said Absolem Hooper [had] at belonging to said estate who gave up an old wagon, that or any subsequent time. table, bed, and ax - not amounting in value to twenty … that William’s tract included the dwelling house dollars - and set up claim himself to every thing else and he built a cabin on the same tract, and moved found on the premises. the said Absolam and his aged mother into the At the date of said conveyance in 1835 the said cabin. He and his family moved into the mansion Absolam owned 3 horses, wagon, 1 set of black house taking possession of all the property of the smith tools, 10 or 12 head of cattle, 60 head of hogs, said Absolem and controlling it in the same manner sheep, household and kitchen furniture and had in cash between 600 and 1000 dollars on hand. 2 Hooper Compass in pdf format © 2011 Your complainants showeth that the said Absolam deed in 1835, what became of it and what had he at left your complainants Enos Hooper, James his death and what became of it and became of the Hooper, Elizabeth Most, Elenor Pickelsimer, money the said Absalam had at the date of said Nancy Chastain, Absolam Hooper, Mary Brown, conveyance and the amount thereof, and all other Margaret Hooper, Kisiah Brown and Jonathan, matters and things herein charged, in the same William, Andrew, Caroline, Sarah, & Mary manner as though especially interrogated as to each. Hooper, children of Andrew Hooper, a son of the Gaither I. Woodfin [for complainants]. 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 Answer of William Hooper: To the Absolam by descent as tenants in common. Honorable the Judge of the Court of Equity in and Your complainants being remediless save only in this for the County of Jackson and State of North Honorable Court pray your Honor to declare that Carolina. said conveyances obtained by defendants William & The answer of William Hooper to the bill of com Isaac were procured by the exercise of an undue and plaint of Enos Hooper & others filed against this fraudulent influence over the mind of the said defendant and Isaac Hooper, this defendant Absolam and the same be delivered up unto this reserving every right of exception to complainants. court and be cancelled and they be declared Trustees Saith that it is true as charged that the persons for themselves and the remaining heirs at law of the named are the heirs at law of Absolam Hooper said Absolam, and that they be required to convey deceased who owned the lands described in 1835, said lands and premises and further that they be and conveyed as charged to this defendant and the required to account for the rents and profits of said said Isaac Hooper and the latter conveyed, subse lands. quently, his part to this defendant, the complainant said Enos Hooper being a Witness to deed. It is also …Absolam left …Enos Hooper, James true that said Absolam was old and infirm and so Hooper, Elizabeth Most, Elenor was his wife the mother of this defendant but it is Pickelsimer, Nancy Chastain, Absolam not true as alleged that he was of weak under Hooper, Mary Brown, Margaret Hooper, standing and incapable of contracting or managing Kisiah Brown and Jonathan, William, his business or that the conveyance of said land made by him was executed by or through the Andrew, Caroline, Sarah, & Mary influence, coercion, fraud, or circumventing of this Hooper, children of Andrew Hooper, a defendant or any one for him. son of the said Absolam Hooper, and the But the truth of the matter was this: the said defendants William & Isaac Hooper his Absolam being old and physically infirm and having only children and heirs at law entrusted to all his other and older children as far as …and may it please your Honor to grant your State he was able to do, was desirous of doing something Writ of subpoena to issue to the Sheriff of Jackson for this defendant and at the same time to make County commanding him to summon on the provision for himself and wife for the remainder of defendant Willam Hooper to appear, and that their lives. For this purpose and of his own free will publication be ordered requiring Isaac Hooper of without any suggestion from this defendant to that the State of Georgia to appear at the next term of effect and in this defendants absence he executed the this Court for Jackson County and full true and deed of the 29th of June 1835 and had the same perfect answers make to all the charges and facts of recorded. complainants and more especially to answer— what He then afterwards exacted from this defendant a they respectfully gave the said Absalam Hooper for bond to provide for support and maintain him and said tract of land and that said William answer how his wife during their life for the final sum of one he paid the said Absalam the $500 mentioned as the thousand dollars which this defendant gave and the consideration in the deed of the date of the 6th day conditions of which he has faithfully kept ever since. of August 1835, and especially if that said Deed was This defendants mother is still living, is very old and not written and signed by the said Absalam in the infirm, and is nursed and provided for by him and year 1844, and why was it given the false date of the his family and will be by him supported during her year 1835, and that they each answer what other life. The lands obtained by him is a very inadequate property had the said Absolam at the date of said compensation for such labor and expense, and “giving direction to your Hooper family searches 3 would never have been undertaken if he had been Hooper now resides in the State of Georgia and has influenced by pecuniary considerations. not been served with a process in the case. This defendant has more of the personal property of the The original bond is herewith filed as a part of this said Absalam Hooper in his possession but the same answer marked “A”. Thus the matter stood till June was all given up to the Plaintiff Milton Brown his 1844 when the said Absolam took counsel of a administrator, even the bed on which this de friend as to the validity of what he had done and fendant's mother rested after said Absolam’s death. being told that his first deed was not good for want But defendant submits whether the said of a consideration, caused the last to be drawn, in administrator can bring his cite of traser in this serting in it a consideration of $500, half of the Court supposing his statement to be true to recover amount of this defendants bond and antedated it not for the conversion of this property or gain his claim to deceive but to give it effect as part of the original thereto with the other plaintiffs who are seeking to contract and agreement. void the deed given to defendant for the land. But this defendant answers that at the time he made Having answered all the allegations on Complainants and delivered the last deed, he had sufficient bill as fully as he is advised it is material denying all understanding to convey and did it freely and vol fraud and consideration prays to be dismissed with untarily, and to carry out a contract previously made his reasonable costs in this behalf so unjustly and an intention for a long time entertained. extended and as in duty bound will ever pray &c. Defendant says that the conveyance from the said Absalam to the said Isaac Hooper, was freely and Jno. Baxter [for Defendant] voluntarily made as an advancement to him, and at a William Hooper, the defendant …sworn and sub time when he was fully able to comprehend and scribed this 20th Sept 1853. understand the effect of his act. The said Isaac Allen Fisher C. M. E. For a verbatim transcription of the court records, Internet users may check the site: http://www.fscompass.com/court/equity.html The Jackson County Equity Court Records are also available as part of the North Carolina Archives Record Group 255.3. The record book lacks page numbers, so pertinent pages must be located by chronology. Notes 1. Unlike many other aged citizens of the time, Hooper received a guaranteed annual income. In September 1833, he had received a lump sum of $200 to cover arrears of his federal pension from 4 March 1831. Previously, Hooper had received a $60 annual pension from the State of South Carolina since 1820. See Goodwin, Anne C., 1999, Absalom Hooper Federal Pension File-Annotated Transcription: A.C. Goodwin's Family Source Compass, Logan [UT], pages 6-7 and 21. 2. On 1 January 1833, Absolam Hooper was sufficiently lucid to appear before the Haywood County Court of Pleas and Quarter Sessions and give a detailed, cogent account of his Revolutionary War military service. See ibid., pages 4-9. 3. About six weeks after the land conveyance, Absolam Hooper was aware enough to vote in the 12th Congressional District election on 13 August 1835. He was voter 22, between voter 21 Isaac Hooper (his son) and voter 23 Clemmons Hooper, Sr. (his brother). That this Caney Fork voter was the elder Absalom Hooper is shown by the fact that an Absalom Hooper (in fact, Absalom, Jr.) was voter 57 at Cullowhee in Macon County. Several other offspring of the elder Absolam also voted at Cullowhee. See Biddix, Charles David, ed., 1988?, 1835 Poll Books North Carolina (12th Congressional District For The Counties Of Burke, Haywood, Yancey, Macon, Rutherford And Buncombe): Old Buncombe County Genealogical Society, Asheville [NC], pages 35 and 57. 4. Absolam Hooper's state grant #51 for 100 acres in Section 13, District 4 was issued 2 January 1826 and recorded in Book 136, page 398. North Carolina Division of Archives and History, Secretary of State, Land Office Records, 12.14.71.182. 5. Absolam Hooper's state grant #170 for 87 acres in Section 12, District 4 was issued 29 December 1831 and recorded in Book 139, page 452. NC Division of Archives and History, Secretary of State, Land Office Records, 12.14.71.296. 6. On the 1840 Haywood census, page 111, Absalem Hooper's household consists of 2 males aged 20-30, a male aged 70-80, and zero females. Just two households later is the enumeration for Clemens Hooper (brother of Absolam). Listed much later, on page 122, is William Hooper. No older female of age to be William's mother is listed within his household. Therefore, Sarah's whereabouts in the census year are unknown. By 1850, however, Sarah was listed in William Hooper's household. The aged Clemons Hooper was listed next door. These census facts may indicate that William Hooper had not occupied the "mansion house" before 1840. 7. 1847 Minutes of the Court of Pleas and Quarter Sessions [Haywood County, North Carolina] [LDS Film #0019141], page 34. "Fourth Monday of September, 1849, for October term 1849. Court ordered that Milton Brown be administrator estate of Absolem Hooper, dec’d. Bond $2000. Security: Moses Watson, Wilson Pickelsimer." The administrator's bond was usually twice the expected value of the decedent's estate. The administrator was responsible for determining the extent of the estate and its credits and debits, and for delivery of the estate to the legal heirs. Milton Brown, son-in-law and administrator of Absalom Hooper, was in 1850 a resident of Union County, Georgia. Moses Watson was the husband of Elizabeth Picklesimer (an older daughter of the deceased Eleanor Hooper Picklesimer). Wilson Picklesimer was her eldest surviving brother. Moses Watson and Wilson Picklesimer lived at Tuckasegee in then Macon County for the November 1850 census. 4 Hooper Compass in pdf format © 2011 Confederate Piper (or Pifer). Private Hooper had enlisted 11 October 1862 at Winchester, VA. He surrendered Pensions – Virginia and was paroled on 9 April 1865 at Appomattox Court House. Readers are reminded that individuals named as A slightly different version of the above is located at witnesses, comrades, or neighbors within http://www.fscompass.com/military/CWVA.html testimony often are related in some way to the Digitized versions of the documents abstracted above can be pension applicant. found by selecting "Confederate Pension Rolls, Veterans and Widows" at the Library of Virginia’s site: Charles Y. Hooper, of Buckingham County, Ander http://www.lva.lib.va.us/whatwehave/mil/index.htm sonville, VA, received Virginia Confederate Pension Photocopies of the documents may be obtained directly from #14493. Served in Company K, 4th VA Cavalry, the Library of Virginia, 800 East Broad Street, Richmond, Captain Phil. J. W. McKinney, Wickham Brigade and Virginia 23219. was paroled at Appomatox on April 10, 1865. He requested a pension on 12 August 1908 on the basis Whatever Happened of general infirmity, age (66 in 1908), and partial deafness. He testified he was born in and had lived to… Burrell Hooper? all his life in Buckingham County. His son (unnamed) supported him after 1906. Comrades A Tennessee and Alabama linkage (alive in 1908) who had served with him were Daniel E. Pollard of Sheppards, E. V(R?S?) Anderson of Franklin County, Alabama is one of those "lost Andersonville, and W[esley] W[illiam] Allan of records" counties. So county records before 1890 Buckingham County. Two witnesses to Mr. Hooper's just are not available to help figure out the connec age, infirmity, and deafness were J. D. Forbes and E. tions of the Hooper families there. In 1850, there is Grigg Elcan of Buckingham County. Mr. Hooper's a Franklin County Hooper(1) family living at some physician was J. Burton Nowlin of Buckingham distance from any other Hoopers. Yet in 1830 and County. 1840, there were no Hoopers in Franklin County. There is a known Hooper with the same initials Mary Bell Hooper was the widow of Judson whose name appears in a will in Tennessee. Could Hooper. She lived at 830 Mardon Lane, Virginia this Burrell Young Hooper of Tennessee be identical Heights, City of Roanoke, VA. She was aged 74 and to the B Y Hooper of Franklin County, Alabama? had lived in Roanoke County, Virginia for 29 years Yes! Loose papers from a guardianship case in when she applied for a widow's pension on 14 Robertson County, Tennessee show the Tennessee- October 1929. She lived with two unmarried to-Alabama connection. daughters (not named), but owned her own home, worth $5000 and had household furniture valued at But first, a little background. $300. Born in Pittsburgh, PA, Mrs. Hooper had One of the first Hoopers to appear in middle Ten married there on 7 February 1876 to Judson Vincent nessee records was the William Hooper who served Hooper, who had died in Roanoke on 26 September on a court jury in 1785.(2) Later, he married Sarah 1916 of arteriosclerosis. Mr. Hooper had served in Hollis on 4 March 1789, Davidson County, the Scouts, Guides, and Couriers of the 39th Tennessee(3). Although he remained resident in Battalion attached to Lee's Headquarters under Davidson County in 1795, William Hooper acquired Captain Piper. All comrades of Mr. Hooper (at least, land in Tennessee County. (In 1796, Tennessee all those known to the widow) had died by 1929. At County was split into Robertson and Montgomery one time, Hooper had been commander of the Counties.) William Watts Camp of Confederate Veterans. Two Deeds(4) and court records reveal that William witnesses who had known Mrs. Hooper for 25 years Hooper moved from Davidson County to were W C(L?) Andrews and R. H. Angall. Two other Montgomery County between April of 1796 and witnesses for Mrs. Hooper were W C Burns and J January of 1797. In 1820, only five children Tyler Meadows. J W Gwaltney, then commander of remained in his census household, with two sons the William Watts Camp, certified the approval of under ten. His 1825 Montgomery County, Tennessee the merits of the application. The Adjutant General will shows that he had ten children who survived of the War Department reported that Judson V. him. When he wrote the will in June of 1825, he Hooper served in Company A of the 39th Battalion implied that his three youngest children were still of Virginia Cavalry, in the Company of Captain A. P. minors.(5) “giving direction to your Hooper family searches 5 "… it is my will that each of my children that is to be named guardian of Virginia and William now in a state of minority to wit James B. Hooper Bradley. and Peggy Montgomery and Burrel Young The significant information for Hooper researchers Hooper when each of them shall marry or come is that three depositions in the case were taken in of age that they shall become an equal part Franklin County, Alabama by then (1849) residents with the rest" Burrell (sometime Burwell, Burhl) Hooper probably of that county: Mrs. Nancy Beaumont, Burwell Y. was one of the males in his mother Sarah Hooper's Hooper, and Mrs. Mary E. Hooper, daughter of Mrs. household in Montgomery County in 1830. In 1840, Beaumont.(8) The depositions show that Burrell he may be one of the males listed in the household Hooper had previously lived in Robertson County, of a relative, but was not yet a head of household. and had recently moved to Alabama. Therefore, the By January 1841, B Y Hooper was listed as a citizen B Hooper of 1850 Franklin County, Alabama (who in District 6 of Montgomery County.(6) Certainly by lived not far from Albert Guy, Nancy Beaumont, and 1850, he should have been old enough to have been the Bradley children) can be taken to be identical the head of his own household. However, his name with the Burrell Young Hooper who was the son of appears nowhere on the Tennessee 1850 census. His William Hooper of 1825 Montgomery County, older brothers Wilson Lee (born about 1791-1792), Tennessee. Most likely, B Y Hooper and wife Asa W. (born about 1798) and James B. (born about traveled with Mrs. Beaumont in November 1848 1810-1812) did remain in middle Tennessee (David when the mother-in-law moved to Alabama.(9) son, Montgomery, and Cheatham Counties), at least Notes to 1860. 1. Frankin County, Alabama census: 1850 has B Hooper in District 5, on page 162; and 1860 has B Y Hooper in the Robertson County, Tennessee lies between Davidson eastern district on page 594. and Montgomery Counties, and to the north of 2. Wells, Carol, 1990, Davidson County, Tennessee County Cheatham County. Since Burrell Hooper had siblings Court Minutes 1783-1792: Heritage Books, Bowie, [MD], living in surrounding counties, finding records for page 35. 3. Davidson County, Tennessee Marriage Book 1, French Burrell in Robertson County is not unexpected. And Lick Chapter NSDAR, trans., page 3. it is loose probate records from Robertson County 4. Marsh, Helen C. and Timothy R., compilers, 1992, Land that are the key to determining what happened to Deed Genealogy Of Davidson County Tennessee, Burrell Y Hooper. Volume 2 - 1793-1797: Southern Historical Press, Inc. Greenville [SC], pages 124 and 269. See also Laura The clue comes from estate records dated 1849 to Willis, 1994, Tennessee County, NC Early Deeds: Simmons 1856 concerning one Joseph Bradley. The said Historical Publications, Melber [KY] for Deed Book A, Joseph Bradley left a will recorded in 1839.(7) Two pages 394 and 464. 5. Wade Glascock, transcriber. Personal communication, of his children were Virginia (born 1835) and 9 March 1998. William L (born 1837). The estate left to these two 6. Montgomery County, Tennessee, "Enumeration Of The minor children required the protection of a guardian, Free White Male Persons In The County Of Montgomery so Benjamin W. Bradley of Robertson County was Who Were Citizens Of The Same On The 1st Day Of January 1841" in County Court Minutes Book 21. appointed. However, in November 1848, the widow 7. Robertson County, Tennessee Will Book 10, page 301. (who since 1840 had become Mrs. Nancy Beaumont) 8. Jean M. Durrett and Yolanda G. Reid, 1986, Robertson and her children moved to Franklin County, County Tennessee Abstracts of Chancery Court Loose Alabama to be nearer her father, Littleberry Papers 1844-1872: the authors, Springfield [TN]. Case #19. Cheatham. 9. The identification of Burrel Hooper of Montgomery and Robertson Counties, Tennessee and of Franklin County, Cheatham was described as a "man of wealth" and in Alabama may help identify the following marriage 1850 he owned real estate worth about $2500. By record. Several transcriptions, including the card file at late 1850, Mrs. Nancy Beaumont had become a the Tennessee State Library and Archives, show a marriage for B. G. Hooper to M. E. Bishop 10-5-1847 (or "femme sole" (woman alone), but whether that 1848) in Robertson County. This may well be Burrell occurred from the death of Mr. Beaumont or by Young Hooper, with a misreading of his middle initial. His separation from him is unclear. Whatever the cause wife of 1850 does appear to be Mary E. Hooper. The Bishop surname, then, could suggest that Mary's for the move to Alabama with her children, her mother, Mrs. Nancy Cheatham Bradley Beaumont, likely Alabama kin endeavored to wrest control of the had had yet another marriage before she married Bradley estate from the hands of the Tennessee Joseph Bradley. Before the Hooper/ Bishop marriage is guardian. Franklin County, Alabama resident Joseph accepted as being for William Hooper's son Burrell Young Hooper, more research should be undertaken A. Guy (brother-in-law of Mrs. Nancy Beaumont) into Robertson County, Tennessee records and Franklin presented a petition to the Robertson court, asking County, Alabama census records. 5 6 Hooper Compass in pdf format © 2011 H C OOPER OMPASS V 1, I 2 F 2000 OLUME SSUE EBRUARY House of Hooper Lessons from Hooper vs. Hooper Sometimes, it is all a matter of perspective. Pretend you are standing in a house that has four rooms. Each room has a single window. All windows point The distinction between lineal and legal heirs in the in different directions, so your views of the outdoors 1853 Hooper vs. Hooper Equity Case* raises new are determined by which room you occupy. Perhaps questions about the composition of the Hooper the room with the view to the west reveals a doe with family. Legal rights were different then, before a beautiful sunset in the background. If you are in women were enfranchised by the 19th Amendment the north-facing room, you might not notice that and got the vote in 1920. Married women of the scenic show, but you might see a buck leaping across 1850s could not act for themselves in legal affairs. a fence. Even if you compare notes with someone Thus, the court records identified the husbands, who else, you may not even realize there were two deer had the right to pursue claims for their wives. near the house. If you move outside of the house, to a place with unrestricted views, however, you'll see The Bill of Complaint of Enos Hooper, James Hooper, William Most and wife Elizabeth, Abram "the whole picture." Pickelsimer & wife Elenor, Benjamin Chastain "House" continues on page 12 and wife Nancy, Absolem Hooper, Mary Brown, John Hooper and wife Margaret, Milton Brown and wife Kisiah, and Jonathan, William, Andrew, I T I NSIDE HIS SSUE Caroline, Sarah, and Mary Hooper children of Andrew Hooper, complainants against William 7 House of Hooper Hooper of the County of Jackson and Isaac Hooper of the State of Georgia defendants. Hooper vs. Hooper 7 All the women named above as complainants in the (second in a series of four articles) equity case should be lineal descendants of the deceased Absalom Hooper. For example, Mary 10 Mexican War Pension Claim Hooper Brown was listed in her own right because Whatever Happened to… her husband Henry had died in 1845.(1) In contrast, 12 the District 14 Hoopers? only some of the men were lineal descendants. Gossip, 2+2, and the Stephens So Margaret Hooper, wife of John Hooper, listed in 16 Family the Bill of Complaint would logically be the heir of the decedent. Otherwise, if John Hooper had been 19 Update on Burrell Hooper the heir, there would have been no reason to mention Margaret as a complainant. Later, the A Quarterly Publication, © 2000, 2008, 2010 of deposition made by Enos Hooper (on behalf of the complainants) clearly shows that Margaret Hooper, A G not her husband John Hooper, was the descendant: NNE OODWIN Your complainants showeth unto your Honor that the said Absolam left your complainants Enos Hooper, James Hooper, Elizabeth Most, WEBSITE Elenor Pickelsimer, Nancy Chastain, Absolam www.HooperCompass.com 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 “giving direction to your Hooper family searches 7 Hooper, and the defendants William & Isaac and a Master Mason, and is the youngest of Hooper his only children and heirs at law and fourteen children born to John and Margaret entitled by law to hold the real estate of the said (Ledbetter) Hooper, natives of Georgia and Absolam by discent [sic] as tenants in common. South Carolina respectively, and of German- Fortunately, there is separate testimony, from an English and English origin … unrelated matter, dating close to the time of the The information probably arose from an interview. Equity case. Therein Sarah Salers Hooper (widow of Many of these Goodspeed biographies contain the decedent Absalom Hooper) stated that factual errors, but the above account about Lemuel's "declarant had twelve children by her aforesaid parentage was confirmed later. husband." Earlier, Sarah's eleventh child William The Goodspeed biography omits Lemuel's son Ben identified his elder siblings in his own statement: W. Hooper, who was born 13 October 1870. Perhaps ...that he is the lawful child of Absalom & Sarah the omission was a matter of delicacy, for Ben W. Hooper; that his age is forty five years; and that Hooper was the natural son of Lemuel Hooper and the said Absalom & Sarah Hooper had ten Sarah Wade. Sarah Norton Hooper, wife of the children who were born prior to this deponent doctor, became Ben's step-mother in 1879 when Dr. and whose names are James, Elizabeth, Lemuel Hooper brought home his son from an Eleanor, Andrew, Mary, Nancy, Margaret, orphanage. Although Lemuel initially was silent Absalom, Cassa, & Enos.(2) about their actual kinship, Newport residents were Thus, Margaret (Mrs. John) Hooper of the 1853/4 aware of the facts. Eventually, overheard gossip Equity Court case seems to have been Margaret caused Ben to ask his father about his origins. Hooper Hooper. Despite his early misfortunes, Ben W. Hooper But was John Hooper of Jackson County became an attorney and served two terms as married to the daughter of Absalom Hooper? Tennessee's governor from 27 January 1911 to 15 January 1915. During the elections and his A Hooper Bible(3) for the John Hooper family in governorship, Ben's birth mother Sarah Wade Jackson County records the births of husband and purposely avoided publicity and declined to tell even wife as follows: her closest associates about her relationship to her John Hooper 15 Mar 1783 son. She was extremely proud of her son and Margaret 2 Jun 17?? enjoyed visits with him, but she feared that public The original year for Margaret is overwritten as 1794. disapproval would harm his career if the facts of his There is no marriage date recorded for these parents. birth became well-known.(5) Their deaths are given as: These circumstances suggest that Governor Hooper Margaret Hooper 18 Jul 1864 would have been vitally interested in accuracy John Hooper 23 Jul 1871 regarding his heritage. Proof of interest comes in John and Margaret's youngest son Lemuel provided Hooper 's own statements. He noted that he had an identification of Margaret Ledbetter Hooper. Dr. inquired about the origins of the many Hoopers he Lemuel Hooper had moved to Newport, Tennessee discovered in middle Tennessee.(6) And Ben where he established his medical practice. His bio Hooper had two obvious chances to correct the graphy appeared in the Goodspeed History of Cocke Goodspeed biography. County, Tennessee.(4) Frequent courthouse fires had destroyed the early L.W. Hooper, M.D. was born February 4, 1839, in records of Cocke County. During the 1930s and North Carolina, and when twenty years of age 1940s, local historian and county school came to Dandridge, Tenn. He received a good superintendent Ruth Webb O'Dell researched and academical education, and read medicine wrote a history of that county.(7) Prior to with Dr. J.C. Cawood, of Dandridge. He then graduated from Bellevue Medical College, of publication of the entire work, the Newport Times New York, and began his present successful printed material from her research. The specific career as a physician at Newport. Dr. Hooper, it purpose for the newspaper articles was to seek should be mentioned, has earned the money to constructive criticism. Governor Hooper was then educate himself by his own efforts. He is the the most prominent local son of Cocke County; oldest settler on the site of Newport. On April 21, surely any blatant errors in the biographies would 1870 he married Sarah E., a daughter of William have been subject to correction by Ben or his Norton, a native of North Carolina. Both are relatives. Yet Mrs. O'Dell began her entry for Lemuel members of the Missionary Baptist Church, in which he has been deacon since the church at as follows(8): Newport was organized. He is a Republican, 8 Hooper Compass in pdf format © 2011 L.W. Hooper, M.D. was born February 4, 1839, in living in Nashville and surrounding areas must have North Carolina, the youngest of fourteen inquired about his family. children born to John and Margaret Ledbetter Governor Hooper had much reason to learn the Hooper, natives of Georgia and South Carolina facts of his Hooper family tree. So what he wrote respectively, and of German-English and English about Margaret Ledbetter Hooper should be given origin. … Another opportunity for Ben Hooper to correct the much credence. Governor Hooper's story gains previously published statements came when he wrote corroboration from one other piece of information his autobiography. He drew extensively from the from papers within Absalom Hooper's Revolution earlier accounts, or perhaps from his father's papers. ary War pension file. So what did Governor Ben Hooper have to say Margaret, the daughter of the soldier, wrote a letter about the identity of his grandmother Margaret (now missing) addressed to "Vance and Bucka Hooper? He changed little from the early non."(11) Congressman Vance forwarded Margaret's Goodspeed biography, except that he corrected the letter, with his own cover letter dated 3 April 1860, national origins for his grandparents: to the Commissioner of Pensions. That cover letter reveals that Margaret Bell was one of his constitu Referting [sic] to my father's people, he was the ents and that she was "daughter of Absalom son of John Hooper and Margaret Ledbetter Hooper, a Revolutionary soldier." Vance described Hooper. The former was of English descent and the latter of German-English origin…(9) Margaret Bell as "this 'old worn out pilgrim,' whom Was Governor Hooper a reliable witness regarding misfortune has been so heavy upon." Thus, Absalom his grandmother's maiden name? Remember that Hooper's daughter Margaret had the surname Bell in when Ben Hooper entered politics in the 1890s, the spring of 1860, before John and Margaret other Hoopers in east Tennessee must have won Ledbetter Hooper both appeared on the 1860 dered about possible relationships with him. Lemuel Jackson County census with the surname Hooper. Hooper was knowledgeable about his own So what have we learned? parentage, and likely shared that knowledge with his son. Ben Hooper was well-educated, at one time an What we have determined is that Margaret Ledbetter assistant US Attorney, a Tennessee legislator, a moral (Mrs. John) Hooper of Jackson County cannot be man who became leader of the temperance forces identical to the heir in the equity case. The next within Tennessee.(10) Certainly when Ben Hooper article in this series will confirm which John and Mar became Tennessee Governor, those Hoopers already garet Hooper were named as plaintiffs in the case. *A full annotated transcription of the Jackson County, North Carolina Equity Court case appeared in the first issue of the Hooper Compass. For a verbatim transcription of the court records, see http://www.fscompass.com/court/hooper/equity.htm The Jackson County Equity Court Records are also available as part of the North Carolina Archives Record Group 255.3. A microfilm copy is available at Western Carolina University. Notes: 1. Brooke, Ted O., 1996, Towns County, Georgia data for prominent members of each community. Cemeteries: [the author, 2055 Foster Drive] Cumming Prominence often was defined by willingness of some [GA 30130-3549] p. 41: The grave of Henery [sic] Brown member of the family to pay a subscription fee to in Ivy Mount Cemetery lists his death date as 14 acquire a copy of the completed work. November 1845. 5. The Unwanted Boy, An Autobiography of Gov. Ben W. 2. Revolutionary War pension files W7813 for Sarah Hooper, Hooper: University of Tennessee Press, Knoxville, 1963, pp widow of pensioner Absalom Hooper. Sarah Salers 1-13. Hooper's sworn testimony was made 8 December 1852. 6. Ibid. Her son William's sworn testimony was made 9 February 7. O'Dell, Ruth Webb, 1982, Over the Misty Blue Hills - The 1851. See Goodwin, Anne C., 1999, Absalom Hooper Story Of Cocke County, Tennessee: Southern Historical Federal Pension File-Annotated Transcription: Anne Press, Easley [SC]. Goodwin, Lakewood, [CO], pp. 47 & 69-71. 8. Ibid., p. 266. 3. Dates are from a Bible (©1835) owned by descendant 9. Hooper, Ben W., "Reminiscences and Traditions:" Hooper Henry M. Hooper, and transcribed January 1998 by Dixie Papers, typescript p. 20, James D. Hoskins Library, Univ. Clower Gallaher. Tenn., Knoxville. 4. Goodspeed Publishing Company, 1887, History of 10. Will T. Hale and Dixon L. Merritt, 1913, History of Tennessee ... Thirty East Tennessee Counties: Chicago Tennessee and Tennesseans: Lewis Publishing and Nashville, pp. 947, 1195. The Goodspeed Histories of Company, Chicago, pp. 936-937. the 1870s, 1880s, and 1890s were comparable to 11. That is, the letter was addressed to Senator Zebulon today's county Heritage books. The publisher of these Baird Vance of North Carolina and President James nineteenth century volumes collected the biographical Buchanan. See Goodwin, pp. 105, 107. This article revises a prior article in Journeys through Jackson, VIII:1 1-12; pp 153-158 as "Expanded Theory About the Hoopers." Other contributors of factual material for this article are Larry Crawford, Mary Crocker, Clay Hooper, Ron Hooper, and Hal Hooper. “giving direction to your Hooper family searches 9 Mexican War Pension Claim When they exist, widow's pension claims can shed light on surviving families.(1) Such is certainly true for the widow's claim (Old War Widow, file #13,475) of Dorcas Hooper. From these papers, older service records, a few county records, and census records, we can identify an early Hooper family of Sevier and Monroe Counties, Tennessee, with tantalizing suggestions of other connections. We also learn about challenges this woman faced after she last saw her husband. Unless otherwise cited, all facts below are revealed in the pension file. In 1830, five Hooper men headed households in Sevier County, Tennessee. Four were closely associated: Isaac, Jacob, John, and Hiram Hooper, all born between 1800 and 1810.(2) The first three men probably were already married, since they had young children in their homes. Hiram was single, but not for long. He married Miss Dorea Pearce on 16 December 1831. The bride was about 23, probably a daughter of the Mary Pierce enumerated just four names after Hiram Hooper in 1830. (3) A witness to that marriage ceremony was Malinda Smallin, who in 1848 was a resident of Monroe County. About 1835, Hiram and his young family moved to Monroe County. During the later 1830s, Georgia, North Carolina, and Tennessee each had mustered soldiers who participated in the Cherokee removal. Three east Tennessee Hoopers served in Captain Thomas Jefferson Caldwell's Company of the First Tennessee Mounted Infantry Volunteers (or Lindsey's Reg iment) in July of 1836. These three were Enus C., Hirem/Hiram, and John Hooper, all privates.(4) By 1840, Hiram and Dorcus Hooper had four children. Dorcus's mother and sister probably were also living within his household. In the same neighborhood were John Hooper (older, not the same John who had been a neighbor in 1830 Sevier County) and Enos C. Hooper. Other neighbors included Jonathan, Thomas, and Elbridge G Smallin – Thomas was husband to Malinda Smallin mentioned above. The area most likely was near Ball Play Creek.(5) Mexican Battlefields. When the call arose for volunteers in the Mexican War, The arrow marks Perote, Mexico. Adapted Hiram Hooper again responded. In the first half of 1847, from Mansfield, Edward D., 1848, The Mexi he enlisted in Captain P. B. Anderson's Company of the can War: New York, A. S. Barnes, page 8. 14th Regiment of US Infantry.(6) Colonel William Trousdale commanded. Common soldiers were paid $7 per month. Although his death resulted from this service, Private Hooper was not a battle casualty. Instead, Hiram Hooper died on 13 August 1847, of "intermittent fever" (probably malaria) at Perote, in the State of Veracruz, Mexico (see map). Acts of Congress (4 July 1846 and 13 July 1848) had allowed widows of Mexican War soldiers to petition for half-pay pensions to last for five years. Word of the death filtered back to east Tennessee, so on 16 September 1848, Mrs. Darca Hooper of Monroe County applied for a pension. At the same time, E.C. Hooper and S.A. Hampton affirmed the service and death of Hiram Hooper. Those assisting Dorcus to apply for the pension forwarded her papers to the Honorable William M. Cocke in the House of Representatives. This effort to speed the application process helped little; in May 1849, the War Department was still working on the application. The application was eventually approved and Dorcus received her pension retroactive to the date of her husband's death. She, or her representative, had to travel to Knoxville regularly to obtain the $21 due her semi-annually. This sum probably helped to feed the five children – Hannah, William, James, Lorina, and Mary – who lived in the household in 1850.(7) 10 Hooper Compass in pdf format © 2011
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