The Will of Ann Brooks, Caswell County, North Carolina, 1808

Ann Brooks was the wife of Richard Brooks.  She was probably actually the second wife of Richard Brooks.  She was mentioned in his will, written 1789.  You can read more about Richard and Ann Brooks here. It is quite possible her maiden name was “Armistead” and that her daughter, Frances Armistead Brooks was named after Ann’s father.
The following will was obtained from the North Carolina State Archives in Raleigh, North Carolina.  For more information on locating wills and ordering copies from the North Carolina State Archives, please reference my Looking for Wills at the North Carolina State Archives – Updated post.

The following will was found in the Caswell County Series of Original Wills, (dates), box no. 1
Call no. 020.801.1

Summary of Will:

Written: March 4, 1806

To Grand Children:

Six Children of Ann’s son William Bird Brooks:
John, Robert, and William Brooks

Betsy, Ann and Joanna Brooks

Three Children of Ann’s daughter Frances A Sheppard:

Ann, Betsy and Polley Sheppard

Executor:  Son William Bird Brooks
Witnesses: Sol[omon] Graves, S. Graves, John L. Graves

The sale of Ann Brooks’ estate was held in February of 1808. Many of the articles in her estate were purchased by William B. and Jonathan Brooks.

Papers of her estate can be found at the North Carolina State Archives in the Caswell County Original Estate files, C. R. 020.508.8 Ann Brooks. 1808.

Original Scanned Images:

 

Transcript of Will:

In the name of God Amen – I Ann Brooks of the County of Caswell and State of North Carolina – on this 4th of March 1806 – being in perfect mind, health and memory thanks be given unto the Supreme being for the same calling to mind the mortality of my body and knowing it is once appointed for all men to die, recommending my spirit to God who gave it, and my body I recommend to the earth to be buried in a decent Christian-like burial at the discretion of my Executors; nothing doubting but at the general resurrection I shall receive the same again through Christ, and as touching such worldly estate wherewith it pleased God to bless me with in life I give demise and despose of the same in the following manner -

To Wit. I give to William B. Brooke’s son Jno my young  Sorrell Mare at my death Item I give the resideue of my estate to my nine grand children Viz. William B. Brooks’s sons John Robert and William and daughters Betsey, Ann, and Joanna, and Frances A. Shepard’s daughters Ann Betsey and Polly to be equally divided at my death and my three granddaughters Ann Betsey and Polly Shepard equal parts to remain in the hands of my Executor until they marry or arise to lawful age and then paid by my Executor to them as they come of lawful age or marry.
Lastly I constitute and appoint my beloved son William B. Brooks the whole and Sole Executor of this my last will and Testament – revoking and annulling all other wills and testaments heretofore made by me and declaring this to be my last will and testament in witness whereof I Ann Brooks doth set my hand and affix my seal the day and year above within signed and sealed in the presence of

Sol Graves (Jurat)
S. Graves Jr
John L. Graves
Ann Brookes(sealed)

Caswell County Lawful court 1808
The Executor of this will was duly proved in open court by the oath of Solomon Graves Esquire one of the subscribing witnesses thereto and on Motion ordered to be recorded. At the same time William B. Brooks qualified Executor.
Test A Murphey CC
Recorded Book E folio 379
Test A Murphey CC


Wordless Wednesday – Parents Wedding

My Parents Wedding Photo

Tim Smith and Marilyn Godwin were married in Poteau, OK.


This post is part of the daily blogging theme hosted by GeneaBloggers.

Wordless Wednesday – Paternal Grandmother Wedding Shot

My grandmother's (Barbara Jo Binns) wedding photo (Fort Smith, AR)

Barbara Jo Binns married Darrel Smith, December 30, 1956 at Midland Boulevard Church of Christ in Fort Smith, Arkansas. They were both eighteen years old.


This post is part of the daily blogging theme hosted by GeneaBloggers.

Tombstone Tuesday – Burwell Binns

Gravemarker of Burwell and Lucinda (Phelps) Binns who are buried in Buelah Cemetery in Monticello, Drew Co., AR. Photo taken by James Lamar Baker, date unknown, sent to me by Pat Sheldon (Pat and James are both descendants of Burwell and Lucinda

Burwell Binns was born Dec. 6, 1811 in GA and died Jan. 1, 1866 in Veasey, Drew Co., AR. Lucinda Phelps was born Oct. 22, 1818 in GA and died Feb. 16, 1870 in Veasey, Drew Co., AR.

This post is part of the daily blogging theme hosted by GeneaBloggers.

Wordless Wednesday – Paternal Grandfather

My paternal grandfather, Darrel Smith, Airforce, 1956

My Grandfather graduated from Fort Smith High School (Fort Smith, Arkansas) in June 1956. One week later, he went to Little Rock, Arkansas to be inducted into the Air Force. Later that year he became engaged to my grandmother, Barbara Binns. He was 18 years old in this photograph

This post is part of the daily blogging theme hosted by GeneaBloggers.

Tombstone Tuesday – John Brooks Binns

Gravemarker of my great-grandparents, John Brooks Binns and Blanche Kathryn Hill Binns who are buried in Roselawn Cemetery in Fort Smith (Sebastian County), AR. Photo taken by Ginger R. Smith, on May, 2006.

This post is part of the daily blogging theme hosted by GeneaBloggers.

John Brooks Binns was born Mar 20, 1910 in Monticello, Drew Co., AR and died Dec. 1989 in Fort Smith, AR. His wife, Blanche Hill, was born Sept. 20, 1912 in Dierks, Howard Co., AR and died Dec. 27, 1992 in Fort Smith, Sebastian Co., AR. You can read about John Binns in a previous post here.

The Will of Richard Brooks, Caswell County, North Carolina, 1789

Richard Brooks was born about 1730 in either England or Virginia. In 1754, he and his brother Thomas were mentioned in a survey to divide the land of their father Jonathan Brooks in Kingston Parish, Gloucester Co., VA. He and his family stayed in Virginia until the 1780s. I first saw Richard Brooks in Caswell County, North Carolina in 1788 when he purchased 400 acres of land from George Barker. I have posted more information on Richard Brooks here.

Richard’s brother Thomas Brooks was my ancestor. He had moved from Virginia to North Carolina a few years before Richard. Thomas was found in Orange County, North Carolina in 1773 (Orange was the parent county of Caswell) when he purchased land. I have not yet found Thomas’ will (he died in Caswell County, North Carolina in 1819) . But I did find Richard’s will and it is posted below. If you are connected to this family, I would love to hear from you. Please leave a comment below or email me at ginger. reney at gmail.com.

The will of Richard Brooks was obtained from the North Carolina State Archives in Raleigh, North Carolina.  For more information on locating wills and ordering copies from the North Carolina State Archives, check out  my Looking for Wills at the North Carolina State Archives – Updated post.

The following will was found in the Caswell County Series of Original Wills, 1771-1927, box no. 1 Call no. 020.801.1.

Looking for more information? Want to know who bought Richard’s kitchen dishes? Well, unfortunately, although he wrote a will, I did not find an estate file for him in the loose papers at the Archives. This doesn’t mean proceedings of his estate were not copied in a bound volume (check out the FamilySearch bound Probate Records here) To see a list of all available Brooks family Estate files in Caswell County, North Carolina, click here


 

Summary of Will:

Written: October 3rd, 1789

Wife:  Ann (Ann’s will can be found here)

Children:
William Bird Brooks (under 21)
Elizabeth “Betsy” Brooks
Frances Armstead Brooks
John Brooks
Ann Smith Graves

Executor: wife Ann and son in law Solomon Graves
Witness: W. F. Smith and Israel Barker

Original Scanned Images:

The original images are 16″ wide and were scanned in two pieces and then stitched back together using Microsoft PowerPoint software. There were 4 pages total which I have shown below.

Richard Brooks Will, Caswell County, NC, 1789, page 1

Richard Brooks Will, Caswell County, NC, 1789, page 1

Richard Brooks Will, Caswell County, NC, 1789, page 1

Richard Brooks Will, Caswell County, NC, 1789, page 2

Richard Brooks Will, Caswell County, NC, 1789, page 1

Richard Brooks Will, Caswell County, NC, 1789, page 3

Richard Brooks Will, Caswell County, NC, 1789, page 1

Richard Brooks Will, Caswell County, NC, 1789, page 4

 

 

 

 

Transcript of Will:

In the Name of God Amen, I Richard Brookes of the County of Caswell and state of North Carolina, Being in a low state of health, but of perfect sense and memory thanks be to Almighty God for the blessing. But taking into Consideration the shortness and Uncertainty of this Transitory Life, and that it is appointed for all Men once to die, do make Constitute and ordain this my last will and Testament to be peformed, In manner and form following that is to say first and Principally I recommend my soul into the hands of Almighty God who gave it me and my body to the Earth from whence it was taken to be Buried in Decent Christian Burial at the Discretion of my Executors whom I shall hereafter nominate and appoint – and unto such worldly goods as it hath pleased Almighty God to bless me in this life with I Give Dimiss and Depose of the same in Manner and form following and first my Desire is that all my Lawful Debts be paid, ….

Item; I lend to my Beloved Wife Ann Brookes, the Land and Plantation whereon I now live, with one third part of the rest of my Estate both real and personal, during her natural life or Widowhood, and at her Death or Intermarriage to be Equally Divided among my four youngest children (to Wit) William Bird Brookes, Betsy Brookes, Frances Armisted Brookes, and John Brookes, Excepting the land and plantation whereon I now live, which at my wifes death or Intermarriage I leave to be Equally divided between my two sons to Wit, William Bird Brookes and John Brookes and their heirs.

Item; I give and bequeath to my Daughter Ann Smith Graves one negro woman named Hannah, and one Negro boy named John,

Item, I leave all the remaining part of my Estate in the hands of my wife until my son William Bird Brookes shall arrive to the age of twenty one years and then to be equally divided among my four youngest children to Wit, William Bird Brookes, Betsy Brookes, Frances Armsted Brookes, and John Brookes. Except my Wife should Intermarry before my son William Bird Brookes arrives to the age of Twenty one years and then and in that case my will and Desire is that the division should be made at her intermarriage.

Lastly I appoint my beloved wife Ann Brookes and my son in law Solomon Graves, Whole and sole executrix and Executor of this my last will and Testament to be performed. In witness whereof I have hereunto set my hand affixed my seal this third day of October in the year of our Lord one thousand seven hundred and Eighty Nine.

Signed sealed published and Declared in presents of
W. Smith, Jurat
Israel Barker, Jurat
Signed Richard Brookes
Soloman Graves Qualified Executor

To learn more about Richard Brook(e)s of Caswell County, North Carolina, check out my other post here.

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