Littleberry Berrien Hollinger (abt. 1798 - bef. 1840)

Died before 4 Aug 1840 before about age 42 in Early County, Georgia

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Biography

Littleberry was born about 1798. Littleberry Hollinger ... ^[1] While living in Gadsden County, Florida Littleberry was part of the militia that rode on wide ranging, regular patrols for the protection of the citizens.

Littleberry Hollinger never married. He had no children. He left his entire estate to his sister and her children.

Gadsden County Court, April Term 1825 Present David L. White, Presiding Judge, Jason Gregory, Collen Wooten, Associate Judges

The Court proceeded to appoint patrols and appoint Thomas B. Wooten, John Smith, Junr, William Edwards, James A. Wooten and David Buie to patrol the following bounds from Forbes Creek to the South East by Whil lackschee and north by the Georgia line and Appalachicola and that they ride once in every two weeks or oftener if they deem it necessary. Thomas B. Wooten, Captn. From Forbes Creek to Rocky Comfort Creek and Little River appointed Edward A. Robinson, Thomas McCall, Hezekiah Wilder, Lewis Gregory and Thomas Gray, Col. Robinson Captn. and to ride once in every two weeks and c or oftener if they deem necessary. From Whelockachee to Swamp Creek appointed George McElven, Duncan Buie, Alexander McMillin, George McElven, Captn. and to ride every two weeks or oftener if necessary. From Swamp Creek down between Little River and River Oaklockney appointed Littleberry Hollinger, James U. Wilson, Andrew N. Johnston, Daniel D. Duglass, Thomas Spate and David Harley, Thomas Speight appointed Captn and that they ride once in every two weeks or oftener if assumed by them necessary. Ordered that the clerk furnish speedily each Captain with a copy of this order. E. A. Robinson, CGCC ^[2]

NOTICE: To All the friends and relatives of the late Littleberry Hollinger of Early county, deceased: I shall prove and establish, as the law directs, a nuncupative Will made by Littleberry Hollinger, in his last illness, in behalf of his sister Martha McDonald and her children. You can appear and contest the same should you think proper. Joshua McDonald Early county, Ga., Aug. 4, 1840^[3]

Hollinger has resided in Burke, Laurens and Early counties, Georgia, and in Gadsden county, Florida ^[4]

After his death, there was a long, drawn out contesting of his nuncupative will. Since this spoken will could only be attested to by witnesses under oath; and everything went to his sister's family; other claimants filed suite to have the will voided. This drew some sort of notoriety in central Georgia, where it was prosectuted.

The most remarkable speech that was ever made in the Superior Court of this county was made by Samuel Terry Bailey, Esq., of Macon, in the case of one set of the heirs at law of L.B. Hollinger against Martha McDonald and children, the legatees named in a nuncupative will made by said Hollinger. The setting up of said will was resisted by the other heirs at law very strenuously. The case was in court for some years and several mistrials had but finally terminated in favor of the will. During the progress of the trial at one time Bailey commenced his speech after dinner and consumed the evening and resumed it after supper and spoke until the court adjourned. Next morning he commenced again and consumed nearly the entire day. The first book he read from was the Bible. He represented the heirs at law. After this long speech the jury made a mistrial. The wonder is that they did not give a verdict against him in sheer spite for having been so severely tortured by him. At the next trial we think, he lost his case, though the jury was out half the night or more before they could agree. There was considerable sparring between him and the principal witness to the will, who was the physician who attended him in last illness and a minister of the gospel, Bailey trying to make it appear the witness was hired to testify as he did in the case, and the witness repelling the charge quoting scripture against the attorney; there was considerable interest in the case during its progress.^[5]

Sources

1. ↑ A source for this information is needed.
2. ↑ Gadsden County, Florida Court Minutes, April Term 1825 http://fl-genweb.org/gadsden/CourtMinutes-1825.html
3. ↑ Newspaper Southern Recorder, Aug. 11, 1840, Aug 18, 1840, Oct. 6, 1840, Oct. 20, 1840, Nov. 17, 1840 http://wc.rootsweb.ancestry.com/cgi-bin/igm.cgi?op=GET&db=catherineburr357&id=I28626
4. ↑ Legal Notice Federal Union newspaper by Thomas Speight published 6 September 1841 to 5 October 1841
5. ↑ Early Joel, pp 155-156 http://wc.rootsweb.ancestry.com/cgi-bin/igm.cgi?op=GET&db=catherineburr357&id=I28626