ORANGEBURGH DIST., SC - EQUITY LITIGATION OF YOUNG VS. CARMICHAEL 
RE ESTATE OF JOHANNES WOLFE

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LITIGATION OF HENRY YOUNG (HUSBAND OF  MARTHA WOLFE, DAU OF PHILLIP WOLFE 
& RACHEL MINNICK) 
VERSUS 
JAMES CARMICHAEL 
RE ESTATE OF JOHANNES WOLFE
Copyright unknown.  
Contributed for use in USGenWeb Archives by 
Karen Cotter, cotterkaren@yahoo.com

Litigation:  Henry Young Administrator of Johannes Woolf versus 
James Crmichael (sic) Carmichael et al.  
The above styled equity lawsuit, although filed and tried in the Orangeburgh 
Equity Court, was found in some loose papers in the Court of Equity, 
Richland, SC.  There was a copy of the Complaint, as well as the defendant's 
answers. (In the earlier days, when it next to impossible to go to other 
distant courts to try a lawsuit under the practice of Comity, the judge of 
one court would send a copy of the Complaint and Answer to the distant judge 
and request him as a favor to summon certain witnesses and swear them in and 
have them answer specific questions the suit wanted answered.  Then, this 
judge would send the other judge the court reporter's transcript.).  This 
appears to be what happened because it offers an explanation as to why these 
papers were found in Richland.  Anyway, if the papers had not been found by 
Judge Huxford, they would have never been around to aid Wolf researchers in 
writing this history of Phillip Wolfe.  The papers found in Richland by 
Judge Huxford are quoted as follows.

Then, the S.C. Orangeburgh District: Bill of Complaint of Henry Young, Adm. Of 
Johannes Woolf late, of St. Michael Parish, District of Orangeburgh, with the 
will annexed against James ? Carmichael (sic) Crmichael, David Coulter, Henry Jones, 
Jacob Ott, John Woolf (son of Jacob Woolf), John Francis Woolf and Gideon Jennings 
"""""Said Jacob Woolf now deceased was possessed of  ''' several negroes by a 
certain bill of sale from 22, October 1773, (one line obliterated) for $22oo 
currency to him paid to him by the said JOHANNES WOOLF, the slaves, namely 
JOE, SLYVIA, NANCY, FRANK, and the said JOHANNES WOOLF was also possessed of 
other negroes and cattle, etc. and made and published his last will and testament 
on the 4th of August in 1776, and bequeathed unto the said DAVID WOOLF, 
SAMUEL WOOLF, and PHILLIP, sons of the said JACOB WOOLF, and nephews of the 
TESTATOR; four Negroes PLENTY, PRIMUS, JOE & HANDY, and two Negro women LUCY 
and JENNY, and a girl SALLY, and thereby directed the Margaret WOOLF, sister 
of the said, DAVID, SAMUEL and PHILLIP, have no part and bequeath unto 
MARGARET WOOLF, a Negro girl ''''''.  When the youngest, PHILLIP, should attain 
the age of twenty-one, the appointed DAVID WOOLF and DONALD BRUCE were 
executors"""" The said JOHANNES WOOLFE departed this life on or about the month, 
September 1776, without altering the same, and the said DAVID WOOLF departed 
this life intestate shortly after the testator without issue, without having 
proved the said will, and although DONALD BRUCE survived both the testator 
and DAVID WOOLF some years, he never had proved the said will and neglected 
to intermediate in the affairs.  Also, the said SAMUEL WOOLF departed life 
without issue on or before the said PHILLIP WOOLF attained the age of 21, 
and about the month of January 1789.  The said MARGARET WOOLF also departed 
this life without issue, and all property became vested in the said PHILLIP WOOLF, 
the survivor.  In the lifetime of the said DONALD BRUCE, the said PHILLIP WOOLF 
possessed himself of a Negro girl, MARY, a child that he believed was of the 
said Negro wench SLYVIA and a Negro JOE.  The said JOE is in the possession of 
the said HENRY JONES, mentioned in the Bill of Sale from JACOB WOLF to the 
testator.  The said PHILLIP WOOLF on about January 5, 1787, before the said 
PHILLIP WOOLF attained the age of 21, sold JOE to the said JAMES CARMICAEL.  
About 1787, ABRAHAM OTT, GIDEON JENNINGS, and JOHN FRANCIS WOOLF possessed 
themselves of a number of other Negroes mention in the Bill of Sale of the 
testator, and have kept the said Negroes and used them to great profit; the 
said ABRAHAM OTT departed this life and about June 1800, after whose death the 
said JACOB OTT obtained letters of administration by the Court of Ordinary for 
Orangeburgh of the person Estate of the said Abraham OTT, and by virtue thereof 
has possessed himself of a number of said Negroes.  The said PHILLIP WOOLF 
attained the age of 21, and some time 

afterwards, about January of 1789, the said MARGARET WOOLF departed this life 
without issue, of which premise, the whole of the personal estate bequeathed 
to the said DAVID WOOLF, SAMUEL WOOLF, PHILLIP WOOLF, and MARGARET WOOLF, 
descended to and became vested in the said PHILLIP WOLF""""" The said PHILLIP 
WOOLF departed this life about October 1795, leaving RACHEL WOOLF, his widow, 
and three children: namely MARY, aged about 23 years, now the wife of THOMAS TYLOR, 
JOHN JOHNANNES WOOLF, aged 21 years, and MARTHA, aged about 21, now the wife of 
you orator, all of whom are entitled to distributive shares.  Therefore, on 
July 1811, your orator procured letters of administration with the will annexed 
of the goods and chattels which were of the testator granted by 
JAMES CARMICHAEL, ES. Ordainary of the District of Orangeburgh """""""  
(This is where Beth Thurman, niece of the researcher James Dock Wolfe, 
get confused, as she is not an attorney.  Is the orator and testator 
JAMES CARMICHAEL????  If not, who is the orator???) by James Carmichael, Ewqu, 
Ordainary of the District of Orangeburg, S.C. District of Orangeburgh.  
The separate (sic) answer of Gideon Jenning """"the said Negroes were never 
out of possession of the said JACOB..the said PHILLIP WOLFE, HANNAH WOLFE, 
MARGARET WOLFE and CEBILLA WOLFE met and mutually agreed to a division of 
the estate of the said JACOB WOLFE. 

 The defendant denies viz. That he bonifide purchase from ADAM HICKMAN and 
MARGARET, his wife, who had been MARGARET WOOLFE, daughter of the said 
JACOB WOOLFE, and who is mentioned in the will of the said JOANNIS WOLFE""" 
that he purchased SLYVIA in January and February 7, 1787, and the said woman 
has since had a boy, JOE, 18 or 20 years of age, as was sworn on February 1, 1812.
(Exhibit)  JAMES CARMICHAEL of Orange County bound to PHILLIP WOLFE OF SAME, 
FOR #135 STERLING, January 25, 1787 (apparently for payment of a loan), 
signed James CARMICHAEL (seal) WT. Jno. Richardson, Robert Smith.

The separate (sic) answer of James Carmichael, saith that he was possessed by 
fair and bonifide purchases of three Negroes:  JOE, MARY, AND eve, PURCHASED 
OF SAID Phillip Wolfe & other co-heirs of JACOB WOLFE about the month of 
February 1793, sworn on the 4th of February in 17993...sworn 6 February 1812.

ANSWER of JOHN FRANCIS WOLFF, one of the defendants ... in February 1792, he 
purchased of ADAM HICKMAN for #22 a small Negro girl, EVE, 5 years old, and 
received a bill of sale.  The said ADAM HICKMAN informed him that he got said 
EVE in consequence of his marriage with a lady by the name of WOLFF, that his 
wife was not dead""""" sworn in Washington District, 8 January 1812.

(Exhibit)  ADAM HICKMAN of S.C. Orangeburgh District, sold of JOHN F. WOLFF, of 
the District of ninety-six, a girl EVE for #22, 4 February 1792.  ADAM HICKMAN (seal), 
Wit. JOTHN, DOWNS, VINCENT DAVIS

S.C. Orangeburgh District:  ADAM HICKMAN 7 wife  MARGARET for 43 guinea sterling 
to ABRAHAM OTT, a Negro SALLY ....20 April 187.  Wit. JNO. RICHARDSON, MARY SMITH

Joint an separate answers of JACOB OTT & JOHN WOLF....JACOB OTT was appointed 
administrator of ABRAHAM OTT, DEC's., the said ABRAHAM OTT had purchased SALLY, 
who since had seven children, the said  ABRAHAM OTT left three children, one of 
whom has since married JOHN WOLF *******, the said MARGRET wife of ADAM HICKMAN, 
who previous to her marriage entitled to the said Negro, and made fair bill of 
sale""" sworn February 3, 1812.

Summons to JOHN SANDIFER, WITTENHALL WARNER, PAUL STROMAN and JACOB WOLFE, ESQR. 
To appear the first Monday in June 1812.

Summons to JACOB STROMAN, JOSEPH BROWN, MARTIN SALLEY ESQRS. 7 RACHEL HUTTO to 
appear the first Monday in June.  (No other papers relative to this case were found. ....

MARTHA WOLFE
Daughter of Phillip Wolfe and Rachel Minnick per litigation of the will of Johannes Wolfe.
Born:  She was about 21 years old in 1811 per litigation, so she was born around 1780
Died:
Buried:
Married:  HENRY YOUNG
              Per litigation, was orator of the litigation.  
              Born:
              Died:
              Buried:
Found a Henry Young on LDS (AFN:HZRC-CZ) Researcher Gene Thomas Jeffries, Son of 
Henry Young and Ann Hill, born:  28 November 1756, Orangeburgh, SC;  
Christened:  18 December 1756, Church, Orangeburgh, SC

There is a Henry Young, son of Henry & Anne Young, born November 28 1756, 
suret. John Wolfe Sen, Luke Patrick & Regina Baraba Rowe (Eodem Die et Loco) 
in the Geissendanner Chapter 2 of the History of Orangeburg County by A. S. Salley

Looking for additional information about this family and the other names in the litigation.