HARPER COLLECTION
SUPREME COURT CASE
And Pitt County Court Case
Abstracted by Brenda Stocks
Supreme Court No. 07
4
NC Pitt County 1857
File: CR 079.508.31 Harper, Alexander
Henry Wingate vs Susan Harper, John Cox, and W.S. Hanrahan
In equity. Bill of Henry Wingate in his own right vs
John Cox, Susan Harper, Oliver Harper, and Francis Harper
1. Henry Wingate acting in his own right and as Administrator for Blaney
Harper, Nancy Harper, and John Harper.
2. Alexander Harper died in Pitt Co. and had last will and testament proved
in Pitt County Court. Blaney Harper duly qualified as one of the executors.
3. Negro woman Mary and child Eveline left to Alexander Harper's wife Susan
for her life with remainder to his children.
4. Children of said testator at his death: Oliver Harper, Francis G. Harper,
Blaney Harper, Nancy Harper wife of Henry Wingate, and John Harper.
5.The children last named Blaney Harper, Nancy Harper Wingate, and John
Harper died afterwards intestate. Pitt County Court administrations on the
several estates were granted in full to your orator Henry Wingate.
6.Afterward, writings of Oliver and Francis Harper assigned all their
estates in said slaves to your orator Henry Wingate.
7. Slaves were put in possession of Susan Harper. She sold and delivered
said above and increase to John Cox to the intent that they be carried out
of state and disposed of beyond jurisdiction of this court. Cox in
performance of such purpose sold said slaves to Walter Hanrahan who knew the
premises.
8. Said Cox knew at time of purchase the interest of orator and that Susan
held slaves for her life only. Very small price paid to Susan, little
exceeding value of her life estate.
9. Susan quite old. Cox took slaves out of state, sold them to W.S. Hanrahan
and they combining together now keep them concealed, intending to defraud
your orator of his estate in them.
10. To the end that Susan Harper, John Cox, and W.S. Hanrahan may appear
next court term to answer orator's inquiry, and rights of orator may be
declared, and slaves may be secured to the orator on the falling in of the
life estate, that the deft Cox be enjoined from removing of slaves from this
state or disposing of them. Orator asks for subpoena commanding Susan
Harper, John Cox, and W.S Hanrahan to appear and answer to court, to submit
and abide by directions, decrees, and injunctions.
Wm. B. Rodman
Pitt County Estate Records
C.R.079 508.31
Alexander Harper Folder
State of North Carolina Pitt County Fall Term 1859
Henry Wingate vs Susan Harper and others
September 7, 1859
Deposition of John Wooten of Lenoir County
I wrote the will for said Alexander Harper which after Death was
probated in Pitt County. Henry Wingate was designated executor. Annexed
copy was copied from original will.
Exhibit A
Extract from Will of Alex. Harper
I give and devise to my beloved wife Susan all my lands being on the south
& west side of the Back Swamp including my dwelling house and all out
houses, the said lands to be set out by metes and bounds so as to include my
mantion house and all outhouses aforesaid together with all improvements to
have and to hold to her the said Susan for and during the term of her
natural life in satisfaction for and in lue of her dower and thirds of and
in my real estate. I give and devise to my beloved wife Susan a negro woman
Mary and her child Eveline to have and to hold for the term of her natural
life. I also give her one boy Mose and red cow and calf and one black
heifer one horse and a couple sows one black and the other blue. All which
she is to hold for her natural life. One _____ tracs one weading how one
horse and one plow all my kitchen furniture one bed and blue chess----all
of which she is to hold for the term of her natural life.
Exhibit A
Pitt County Superior Court
Mary E. Cannon,Susan C. Harper,Char. Harper, James Sutton and wife Nancy E.,
Martha J. Harper, W.D. Harper, Mariza Harper and Sarah R. Harper.
vs.
Oliver Harper, Francis Harper, Henry Wingate, Elisha Lang, Wm. Mumford,
Henry Manning, Jonathon Lang and wife Mariza.
Notice to above defendants that on 18th day of May, 1880, in the Superior
Court Clerk's office of Pitt County, in the town of Greenville, in the
county of Pitt, in the state of NC, before Henry Sheppard Clerk, the
plaintiff will take the depositions of Oliver Harper, Francis Harper, Gideon
Weatherington and others to be read as evidence in the trial of an action
now pending in the Superior Court. Wherein
Mary E. Cannon, Susan C. Harper,Char. Harper, James Sutton and wife Nancy
E., Martha J. Harper, W.D. Harper, Mariza Harper, and Sarah R. Harper are
plaintiffs and
Oliver Harper, Francis G. Harper, Henry Wingate, Jonathon Lang and wife
Mariza, Elisha Lang, william Mumford, and Henry Manning are defendants.
Latham T. Skinner
Atty. for Plaintiffs
___________________________________________________
Pitt County Estate Records
CR 079.508.31
Alexander Harper Folder
State of North Carolina Pitt County
Deposition of Oliver Harper 1881
Age 68-69. b. 10-6-1812
Lives in Chicod Township in Pitt County. Occupation: Farmer. In 1846 Oliver
lived on tract of land that his father lived on. His father was Alexander
Harper, who died in 1846.
Alexander Harper's will written by John Wooten, Atty., who is living in
Kinston, NC in 1881.
Witnesses to the will of this Alexander Harper were:
Gideon Witherington
Alfred Lane
John Manning
Oliver Harper stated he was in the house when the will was written. The
house consisted of a passage and one room. Oliver was in the part of the
house where his father was lying. The witnesses were in the same room.
Gideon Witherington and Alfred Lane were requested to sign the will. Oliver
cannot remember about John Manning.
The will was submitted for probate in Pitt County about 12 months after
death.
Oliver: I came to Greene County and got William Moye, Clerk of court to get
a copy of the will.
Alexander Harper's land was adjacent to Washington lands and Cannon Stocks'
land on East and West sides of Back Swamp.All that was given to the boys was
on East side of run of Back Swamp, about 400 acres.
1. Oliver, the oldest, came first adjacent to Stocks and Washington lands
to cultivate for life, then to children at my (Oliver's) death.
2. Brother Frank (Francis) His same as Oliver's
3. Brother Blaney. His same as Oliver's.
4. Brother John. His same as Oliver's.
5.West side of Back Swamp left to wife Susan for her lifetime then to
daughter Nancy Harper (m. Henry Wingate) then their children.
6. Slave George left to estate to be hired out to pay debts.
7. Henry Wingate and Blaney Harper were named Executors of the will.
8. Oliver: Lived on part of the land left to us. Oliver's land sold off
under Execution to Henry Manning.
9. Francis' land sold to William Mumford.
10. John and Blaney died with no heirs. Oliver sold his part of John and
Blaney's land to Henry Wingate. Francis let Henry Wingate have his part of
John and Blaney's land.
11. Present at the land sale was Nehemiah Garris. The East side was equally
divided between the boys.
12.Oliver was 34-35 at his father's death and living on the land his father
left him.
13. Catherine Carroll, widow of Ricky Carroll, was there the day the will
was written.( She is still living in 1881)
John Manning was there (He is dead in 1881)
Gideon Witherington is still living in 1881, but afflicted for years.
Alfred Lang is living in 1881 but has moved over on the Neuse on his
father's land.
14. Oliver can read and write. Doesn't know where copy of the will is. Said
Mr. Wooten had it.
15. Brother John died shortly after Father (Alexander Harper) died.
16. Brother Blaney has been dead twenty years or more.(in 1881)
17. Sister Nancy Harper Wingate has been dead 15 years or more (in 1881)
18. Nehemiah Garris is dead in 1881.
19. Oliver's land execution was before the War.
Oliver Harper
Deposition of Henry Wingate
Age 55 Occupation Farmer
Alexander Harper died in 1846 or 47 in Pitt County.He owned land on Back
Swamp west of Swift Creek. He owned about 500 acres on both sides of the the
swamp. Alexander Harper's will was probated in Pitt County.
Henry Wingate married the daughter of Alexander Harper and he (Henry
Wingate) sold her share of her father's land with her consent.
Lands on the West side of the swamp went to Alexander Harper's wife Susan
for her lifetime and then to their daughter Nancy, wife of Henry Wingate.
Lands on the East side of the Back swamp went to the four boys: Francis G.,
Oliver, Blaney, and John. 1/4's to all.
Witnesses to the Will: Jony Manning
Gideon Witherington
Alfred Lane
Of the four sons none had children but Oliver. Oliver's children were: Mary,
Susan. Charles, and maybe another.
Henry Wingate
_____________________________________________________
Pitt County Estate Records
CR 079.508.31
Alexander Harper Folder
State of North Carolina Pitt County
Deposition of Francis G. Harper
Age 60 Farmer Living in Pitt County
Alexander Harper died October or November 1846
Witnesses to the Will : Gideon Witherington
Alfred Lane
Jobe Manning
Will was written September 3, 1846. Alexander Harper died the following
October or November.
Executors were: Henry Wingate and Blany Harper
There were about 500 acres on the East side of Back Swamp. On the West side
of Back Swamp there was a 400 acre parcel and an 80 acre parcel. These were
left to daughter Nancy and wife Susan.
Francis was present when the will was witnessed at the house.
F.G. Harper
_____________________________________________________
Pitt County Estate Records
CR 079.508.31
Alexander Harper Folder
State of North Carolina Pitt County
Deposition of W.S. Hanrahan
August 10, 1861
Age 33 Soldier
Purchased girl from John Cox for $500 to take her out of the state and sell
her. He was to share in the profits.
W.S. Hanrahan
__________________________________________________
Pitt County Estate Records
CR 079.508.31
Alexander Harper Folder
State of North Carolina Pitt County
Last notes on this document.
Alexander Harper Will left 80 acres to wife Susan for life, then to go to
daughter Nancy.
Oliver Harper's Children: Mary E. Cannon
Susan C. Harper
Charles Harper
Nancy E. Sutton, wife of
James Sutton
Martha J. Harper
Francis Harper's Children: William D. Harper
Mariza R. Harper
Sarah R. Harper
John Harper never married and had no issue.
Blaney Harper never married and had no issue.
Susan, wife of Alexander Harper died many years since.
Nancy, daughter of Alexander Harper died before commencement of this
action.Therefore, her children, Joyner Wingate and Mariza, wife of Jonathon
Land are the defendants. These two children are the only children left by
Nancy Harper.
Walter Hanrahan was a "Soldier of Fortune"
____________________________________________________
This is all I have regarding this case.
Brenda
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