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1793: Thomas Garner &c v Extrs of Thomas Harrison &c
Index Id: 1793-012
County: Fauquier
Scanned Images: Yes
Case Filed: 1774; Case Settled: 1793

Case Summary:

There were two cases. The first was by the Devisees of Thomas Garner against Thomas Harrison. It consists of only 3 images and has no bill or answers. Then the second suit was filed in 1774. Thomas HARRISON Gent of Fauquier County purchased a negro woman named Judah in 1728 (or 1732) from Ralph HUGHES who had married Mary GARNER, the widow of Thomas GARNER who died in 1726 and who left a will. Thomas Harrison, at a later date, purchased some additional slaves, their increase and the interests of some Garner heirs in these slaves. Charles Garner, a Thomas Garner heir, claims that Hughs did not have the right to sell the slave or her increase and began proceedings against Thomas Harrison's heirs and administrators who had been willed the slaves and their increase. The value of this case is that it identifies some of the children and some grandchildren of Thomas Harrison Gent., and also the heirs of Thomas Garner. There are several depositions wherein the deponents (such as old John Ashby and Original Young) state their age. It appears the court initially decreed the plaintiffs were due 1/6 of the value of the slaves in question and ordered a commissioner to calculate the value. The Thomas Harrison who made the original purchase in 1732 is the same styled as both Colonel and Gent and who died in 1773 in Fauquier and whose will is of record. The decree was appealed.

Genealogical Information Gleaned:

Thomas HARRISON Gent had four sons Benjamin (his executor), Thomas, William, and Burr Combs. William Combs was deceased by the time the suit was filed. William's widow is identified as Jane MALLORY who had remarried and who was the sister of Edward HUNSTON [aka HUMSTEAD] who deposed. William Harrison had children William, Burr, and a daughter Lucy who married a Mr. Mallery. Others chancery suits show that William's widow Jane married Phillip MALLORY. 

Old John ASHBY [former husband of Jane Combs] deposed on 25 Sept. 1787 that he was age 74 [therefore born circa 1713]. Original YOUNG deposed on 28 April 1788 that he was age 55. Original Young along with Ennis Combs witnessed the 1780 nuncupative will of John Combs (s/o of John Combs and Seth Bullitt). Edward HUNSTEAD [Humston] deposed he was 48 on 25 Sept. 1787 and a brother to Mrs. Jane Mallory the widow of William Harrison, one of the sons of Thomas Harrison. Jeremiah DARNALL deposed he was age 60 on 25 Feb. 1787. He may have been the same whose daughter Leannah married Lewis Ashby, the son of Old John Ashby, another deponent.

Notes: Thomas Harrison's will is of record in Fauquier: It was dated Sept. 26, 1773 and proved in Fauquier Jan. 25, 1774. The will named sons William [hard to read], Thomas and Burr; daughters Susannah Gibson, Mary Fowke, Ann Gillison [who d. 1778]; grandsons Thomas and John Gibson; granddaughter Ann Harrison Fowke; sons-in-law Jonathan Gibson and Chandler Fowke; grandson Thomas Harrison Fowke; grandson John Gillison, grandson Burr, son of William Harrison; son Burr Harrison; granddaughter Ann Grayson Gibson; grandson Jonathan Catlett Gibson; son Benjamin Harrison to whom he gave the land on Cedar Run that he had purchased of his father; nephew Cuthbert Harrison; and nieces Seth, Frances, Ann and Sarah Harrison. The nephew Cuthbert Harrison was the son of Burr Harrison (brother to Thomas Harrison who died 1773), and the same whose family bible provided the names of the children of his father Burr Harrison and Ann Barnes whose daughter Elizabeth married Joseph Combs II.

Case File Inventory:

There were many depositions taken in this suit. The papers also include the will of Thomas Garner. The will of Thomas Harrison is not included but is of record in Fauquier Co.

p. 13 Answer of Benjamin Harrison dated 2 Oct. 1786. Benjamin Harrison, a defendant and executor of Thomas Harrison, states he is the son of Thomas Harrison Gent. late of this [Fauquier] county. He states Thomas Harrison had sons Thomas Harrison, William Harrison now deceased and also an executor of Thomas Harrison, Burr Harrison, and himself. Benjamin stated his father purchased (5 Dec 1768) all the interests of Juda that was held by John Garner (s/o of Thomas Garner) who is also deceased. 

p. 22 Summons to attend the Richmond High Court of Chancery dated 3 Nov. 1790: Benjamin Harrison and Jonathan Gibson surviving executors of Thomas Harrison, Burr Harrison, Thomas Harrison, Jane Harrison admx of William Harrison decd.

p. 28. Mention is made of slave Judy and her increase being devised to Benjamin Harrison by Thomas Harrison and that Garner is to get value equal to 1/6 since the death of Thomas Harrison. Charles Garner to recover 1/6 from William Harrison's estate, Burr Harrison, and Thomas Harrison.

p. 33 Folder for an appeal bond dated 14 Sept. 1789 by Jonathan Gibson Benjamin Harrison and Joseph Blackwell Junr.

p. 50 Folder for the commissioner's report and Harrison's report for the wench Juda.

p. 51 Receipt to Thomas Harrison from Ralph Hughes for 6,000 pounds of tobacco paid by Harrison to Hughes for negro woman Juday dated 17 Jan. 1732.

p. 53 Itemization of the slaves and their values. States that some of Burr Harrison's slaves are in the possession of Samuel and William Pepper.

p. 58 Instrument by Parrish Garner dated 28 Sept. 1773 states slaves are in the possession of Thomas Harrison. Witnessed by: John Ashby, Jonas Williams, Jas Thomson, Nathaniel Ashby

p. 64 Deed of release of Thomas Garner grandson of Thomas Garner decd wherein he releases his interest in Judah and her increase for 7 pounds. Dated 5 Dec. 1768.

p. 70 Will of Thomas Garner which was proved 1726 in Stafford Co., Va.

p. 82 Folder for depositions

p. 83 Deposition of Edward Humstead [aka Humston], age 48 [b c1739] dated 25 Sept. 1787. Deposes that he is the brother to Mrs. Jane Mallery widow of William Harrison one of the sons of the deceased. In the division of Wm's estate, Winny, Jane, Angela, and 2 children went to William Harrison, son of William Harrison; another to William Harrison son Burr Harrison, a young wench allotted out of William's estate to his daughter Lucy who is intermarried to a Mr. Wm Mallery. Singed Edward Humston.

Note: This surname Humston/Humstead is difficult to read at times, but the surname did come down as Humston.

p. 85 Deposition of Jeremiah Darnall, age 60 [b c1727], dated 25 Feb. 1787.

p. 86 Deposition of Original Young age 55 [b c1733], and dated 28 April 1788. Young deposes that on the [blank] day of [blank] Capt. Nicklos George Wm Waller and myself was appointed to Divide a persall [sic] of negroes between William Harrison Tho Harrison Jr & Burr Harrison, the number I have forgot

p. 89 Deposition of John ASHBY age 74 [b c1713] and dated 25 Sept. 1787. John deposes by stating about 50 years ago a negro wench named Judah was carried to the courthouse (then Prince William) and sold by Ralph Hughes to Thos Harrison for a debt owed by Hughs to someone John also deposed about other slaves and said that Peter a son of Judah had run away.

Note: This was John ASHBYwho married Jane Combs, d/o of Joseph Combs I. Jane was deceased by this time and John had remarried to Catharine Hoffman per Ashby researchers.

p. 90 Deposition of Margaret Mathews dated 24 May 1788. Deponent states that sometime in February 1728 she was at Capt. Harrison's and a negro fellow named Peter died while she was there.

(Source: Thomas Garner &c v Extrs of Thomas Harrison &c 1793-012, Library of Virginia Archives, Chancery Court Index: Fauquier Co., original images from case file, abstracted and submitted by Sue Elfving for Combs &c)

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