Nathaniel H. Hooe, the father of William Hooe and the grandfather of Nathaniel H. Harrison, died in 1844, leaving a large estate in both Mississippi and Virginia. On 16 February 1845, Mathias Mahorner, the executor, presented a certified copy of Hooe's will to the probate court. When Hooe died he owned a large number of slaves who were under the control and management of Mahorner. In his will, Hooe specified that his slaves should all be freed and sent to Africa at his death. To pay for the transport of the slaves, Hooe specified that land he owned in Alabama should be sold to cover the costs; the slaves were to be given money from the estate when they arrived in Africa. The petitioners charge that "such portion of said last will & testament as relates to the emancipation of said slaves & their transportation to Africa is contrary to law & the known & declared policy of the State of Mississippi upon the subject of domestic slavery" and that "the slaves & estate embraced in such illegal & void devise descends to your orators as heirs at law." They go on to state that Mahorner is not a suitable person to execute Hooe's will and in fact he is "the testator's illegitimate son & known to be obnoxious to the legitimate branch of the family." Charging that Mahorner refuses to provide them with an account of the estate, they ask that Mahorner answer their charges against him and that he be restrained from further carrying out the instructions in Hooe's will.
Result: Denied; appealed; reversed.
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Repository: Noxubee County Courthouse, Macon, Mississippi
