List of Brooks Estate Files at the NC State Archives

The following list of BROOKS family estate folders were found in the Caswell County, North Carolina Series of Loose Estate Papers, 1772-1927; C.R. 020.508.8

Name Date
Christopher Brooks 1782
Thomas Brooks 1794
Ann Brooks 1808
Thomas Brooks 1824
Christopher W Brooks (Isabella Brooks) 1840
Sarah Brooks 1841
John K Brooks 1850
Isabella Brooks 1851
C W Brooks 1851
Thomas Brooks 1855

 

Amanuensis Monday – The Will of Thomas Brooks

Transylvanian Dutch blog author John Newmark started the Monday blog theme called Amanuensis Monday. According to John, “amanuensis” means:
“A person employed to write what another dictates or to copy what has been written by another.”

This week I am posting a transcript of the will of Thomas Brooks of Caswell County, North Carolina written on the 31st of March, 1855.

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, 1771-1927, box no. 1
Call no. 020.801.1

Summary of Will:

Written: March 31, 1855

Wife: Martha

Children:
William Brooks (<21 years of age)
Nicy Brooks
Mary Ann Brooks

Executrix:
wife Martha Brooks

Original Scanned Images:

Thomas Brooks Will 1855 p1

Thomas Brooks Will 1855 p1

Thomas Brooks Will 1855 p2

Thomas Brooks Will 1855 p2

Transcript of Will:

In the name of God amen I Thos Brooks of the county of Caswell and State of North Carolina being in mind the uncertainty of life and the certainty of death and being weak of body but of sound mind and disposing memory Blessed be God do this 31st day of March in the year of our Lord one thousand eight hundred and fifty five publish and ordain this my last will and Testament in the manner and form following that is to say first of all I recommend my precious and immortal soul unto the hands of God who give it and my body to the earth to be buried in a decent and Christian like manner,

Item 1st I give and bequeath to Martha my wife my tract of land on which I live containing 237 acres more of less and my stock of all description plantation tools household and kitchen furniture wagon and harness and carriage also the provisions of all description on hand during her natural life or widowhood.

Item 2nd I will and bequeath to my son William Brooks when twenty one years of age a seventy five dollar horse and a good Saddle and bridle. Item 3rd I will and bequeath at the death or marriage of my beloved wife Martha, that in the event my daughters Nicy and Mary Ann are both or either of them single, they are to have one hundred dollars of my estate each and then come in for an equal division with the rest of my lawful heirs.

I hereby nominate and appoint my beloved wife Martha my executor to carry into effect this my last will and Testament herby ratifying and confirming this and no other to be my last will and testament this day and date signed sealed and acknowledged to be the last will and Testament of Thos Brooks in presents of Charles G Russell and Byrd D Paylors.

Witnesses:
Charles G Russell
Byrd D Paylor

Thomas (His Mark X) Brooks (Seal)

Unfortunately, at this time, I do not know much about this family. Thomas Brooks’ estate was probated in 1855 because there is a file at the North Carolina State Archives in the Caswell County Loose Papers of the Estate Files for Thomas Brooks, dated 1855. My goal is to copy, scan, and transcribe the contents of that file the next time I got to the Archives. If you know anything about the family of Thomas and Martha Brooks, please feel free to leave a comment below or email me directly at ginger.reney at gmail dot com.

Related Posts:

The Wills of Richard Brooks (1789) and his wife Ann Brooks (1808)

Treasure Chest Thursday: Perthinia Brooks Binns Obituary

I am following along with Randy Seaver’s blog theme of Treasure Chest Thursday in which I post items of genealogical value and interest every Thursday.

This week’s item of interest is a newspaper clipping of my 2nd great-grandmother Perthinia Brooks Binns‘ obituary that I found in my great grandmother’s memory book (Privately held by my grandmother, Barbara Smith, Fort Smith, Arkansas). There was no date or name of newspaper written on the clipping, however, I do know that “Pert” died November 3, 1942 in Monticello, Arkansas. According to the Library of Congress’ Catalog, the newspaper in circulation in Monticello at that time was the Advance-Monticellonian (1920-current).

Perthina (Brooks) Binns Obituary 1942

Perthina (Brooks) Binns Obituary 1942

“MRS. J. M. BINNS FUNERAL TO BE HELD TODAY
Death cut short by five days the fiftieth wedding anniversary of Mr.and Mrs John Milton Binns of Monticello. Mrs. Binns had been seriosly sick in the hospital for several days and death came Tuesday afternoon about four o’clock.
Next Monday, November 9, Mr and Mrs Binns would have been married fifty years. Elaborate plans for the celebration that had been made by the children were canceled when she was taken seriously sick.
Mrs. Binns was the daughter of Colonel and Mrs. I. L. Brooks prominent pioneer Drew County citizen. She was born in Monticello, April 12, 1873 in a house where the Christian Science Church now stands, and had lived here all of her life.
Mrs. Binns was a devoted member of the Baptist Church and was an admirable woman. Her life centered around her family, her church and her friends. Despite years of semi-invalidism she managed to keep a bright and cheerful outlook on life and she remained a source of pleasure to her family.
Surviving besides her husband are seven children, Roy Milton of Monticello, James Howard of Little Rock, John Brooks of Fort smith,Capt. Van C. Binns in foreign service, Byron Zack, flight surgeon of Lubbock, Texas; Mrs. W. C. Brashears of Clifton, Texas and Mrs. W. F.Whitaker of Eudora.
Funeral services will be held this Thursday afternoon at 2:30 o’clock at the chapel of the Stephenson Funeral Home conducted by Dr. T. W. Croxton and Rev. C. D. Wood. Funeral will be in Oakland cemetery.”

Had Pert lived another 5 days the family would have been celebrating their 50th wedding anniversary. She married her husband, John Milton Binns in Drew County, Arkansas, November 10, 1892, and she was buried November 10, 1942. As it turned out, Pert’s husband lived another 19 years, enough to celebrate his 90th birthday!

Pert’s father, Colonel Iverson Lee Brooks, was from Caswell County, North Carolina, her mother, Bettie Lee, from Tennessee. Although I have a picture of Pert’s mother Bettie, I don’t believe I’ve located a picture of Pert yet.

Tombstone Tuesday: Eula (Brooks) Binns

Gravemarker of Eula L Binns, buried in Oakland Cemetery in Monticello, Arkansas. Date taken unknown. Photo is privately held by Eula Binns' granddaughter, Barbara (Binns) Smith of Fort Smith, Arkansas. Photo was scanned and digitized by Ginger R Smith, November 2008.

Eula L “Pert” (Brooks) Binns was my great-great grandmother. She was born April 12, 1873 in Monticello, Arkansas and died November 3 1942 in Monticello, Arkansas, just one week shy of her 50th wedding anniversary. She married John Milton Binns November 10, 1892.
Pert Brooks was the daughter of Colonel Iverson L Brooks from Caswell County, North Carolina and his wife Elizabeth “Bettie” Lee of Tennessee. She had lived in Monticello her entire life.

Tombstone Tuesday: John Milton Binns

Gravemarker of John Milton Binns, buried in Oakland Cemetery in Monticello, Arkansas. Photo includes his son John Brooks Binns, date taken unknown. Photo is privately held by John Milton Binns' granddaughter, Barbara (Binns) Smith of Fort Smith, Arkansas. Photo was scanned and digitized by Ginger R Smith, November 2008.

John Milton Binns was my great-great grandfather. He was born January 17, 1868 in Arkansas and died October 8, 1961 in his home in Monticello, Arkansas. He married Perthinia Brooks November 10, 1892. She died November 3, 1942, just one week before they were to celebrate their 50th wedding anniversary.

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


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

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, 1771-1927, box no. 1
Call no. 020.801.1. Unfortunately, there is not a folder in the Series of Loose Papers of Estates in Caswell County for Richard Brooks at the Archives. This would have been C. R. 020.508.8. A list of Brooks Family Estate Folders in Caswell County are 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. There were 4 pages total and 8 scanned images total. I cut and pasted bits and pieces of the will and included below. I am happy to provide copies of the original will by request. Please leave a comment below.

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.

Richard Brooks of Caswell Co., NC (1730-1790)

Richard Brooks was born about 1730, probably in Virginia, and died about 1790 in Caswell County, North Carolina.  In his will written October 3, 1789 he mentioned his wife Ann Brooks and his 5 children (see original will transcript here):

  1. William Bird Brooks (c. 1774-after 1830)
  2. Elizabeth “Betsey” Brooks (born c. 1789)
  3. Francis Armestead Brooks (c. 1781 – after 1860 in Alabama) married James Sheppard
  4. John Brooks (c. 1785 – after 1809)
  5. Ann Smith Brooks (c. 1770 – c. 1805), married Solomon Graves

Richard Brooks was living in Kingston Parish, Gloucester County, Virginia prior to his removal to Caswell County, North Carolina between 1770 and 1780.  Caswell County was formed from Orange County in 1779.  It is possible, Richard lived in Orange County, North Carolina from 1770-1779 when part of the county became Caswell County.

On December 10, 1754, Richard and Thomas Brooks were listed in a survey to divide land equally between the two men according to the last will and testament of Mr. Jonathan Brooks in Kingston Parish, Gloucester Co., VA. [1]

On April 10, 1770, Richard and his wife _____’s daughter, Ann Smith Brooks, was baptized in Kingston Parish, Gloucester Co., VA [1].  Unfortunately, I did not see a marriage record for Richard Brooks in the Kingston Parish Book.

Richard’s wife Ann was listed on the 1800 Caswell County, NC census report after he died. She was listed between the ages of 26 and 45, born between 1755 and 1774. This would have made her about 16 years of age at the time of Richard’s daughter, Ann Smith Brooks’ date of birth in 1770 in Virginia.  It is possible Ann Smith Brooks’ mother was someone other than Ann. It is also possible her mother’s maiden name was Smith, for whom she was named after.

Richard’s will was written in October of 1789 and proved in January of 1790.  His Wife, Ann Brooks’ will was written March 4, 1806 and was proved in January court of 1809.  In her will, she listed her 9 grandchildren, 6 of whom were the children of her son William Bird Brooks and 3 of whom were children of her daughter Frances A (Brooks) Sheppard. Her son in law, Solomon Graves (married to Ann Smith Brooks) was listed as executor. Ann Smith Brooks Graves must have died prior to her mother writing her will in 1806 since she was not listed as an heir (or she was not the daughter of Ann).

Richard and Ann Brooks’ son William Bird Brooks settled in Giles County, Tennessee after his parents died. He was married to Sarah Paine in Person County, North Carolina.

Richard and Ann Brooks’ daughter Frances Armistead Brooks Sheppard removed to Butler County, Alabama where she died about 1860.

Richard Brooks was probably the brother of Thomas Brooks and son of Jonathan Brooks of Gloucester County, Virginia.  I believe Richard’s brother, Thomas Brooks, and his wife, Mary Blacknall, were the parents of my ancestor, Christopher Brooks (1755-1781), along with his siblings, Sarah/Sallie Brooks Holderness, Charles H Brooks, Thomas Brooks Jr., George Brooks and possibly Mary and Jonathan Brooks.

Caswell Co NC Wills – BROOKS

The following original wills are housed at the North Carolina State Archives in Raleigh, North Carolina.  The collection title is “Caswell County, North Carolina Series of Original Wills, 1771-1927″ and the call number is C.R. 020.801.1. The Brooks family wills were contained in the first box of the series (no. 1).  There might have been more Brooks family wills contained in the box written after 1900. I only inventoried those wills written before 1900 (on 10/25/2008).

  1. Richard Brookes, dated 1790 (wife Ann)
  2. Ann Brooks, dated 1808 (wife of Richard)
  3. Thomas Brooks, dated 1855 (wife Martha)

The will of Richard Brookes was recorded in Caswell County, North Carolina Will Book B, p. 321.  This will was abstracted in Katherine Kerr Kendall’s book “Caswell County, North Carolina will books, 1777-1814″ on page 30. (See entry below)

Abstract

The abstract reads the following:

Richard Brooks (spelled Brookes on original) [actually the "e" is crossed out on the original that I looked at in 2008] – Will – w. 3 Oct 1789. Wife Ann; 4 youngest children William Bird Brooks (under 21), Betsy Brooks, Frances Armstead Brooks, John Brooks; daughter Ann Smith Graves; Exec: wife Ann and son in law Solomon Graves. Wit: W. F. Smith, Israel Barker.

The will of Ann Brooks was recorded in Caswell County, North Carolina Will Book E, p. 379.  This will was abstracted in Katherine Kerr Kendall’s book “Caswell County, North Carolina will books, 1777-1814″ on page 109. (See entry below)

abstract

The abstract reads the following:

Ann Brooks – Will – w. 4 Mar 1806. Son William B. Brooks; 9 grandchildren: Wm B. Brooks sons John, Robert, & William and daughters Betsy, Ann, and Joanna; Frances A. Sheppard’s daughters Ann, Betsy, and Polley.  Exec:  son Wm B. Brooks. Wit:  Sol Graves, S. Graves, John L. Graves.

The will of Thomas Brooks includes the following:

Thomas Brooks – Will – written 31 Mar 1855
Wife: Martha Brooks
Children: son William Brooks (under 21), daughters Nicy and Mary Ann.
Exec: Wife Martha Brooks
Wits: Charles G Russell and Byrd D Paylor

There was no estate folder for Richard Brookes at the archives. There are, however, estate folders for the Thomas and Ann Brooks listed above.

———————————————————————————

Goals:

  1. To copy, scan, and transcribe the wills of Richard, Ann, and Thomas Brooks of Caswell Co., NC from the Archives

- Update 10/25/08:  These 3 wills were copied by the Archives.

-  Update 4/2/09: Wills were scanned into my computer and info entered into my genealogy software.

-  Update 9/7/2010:  The wills of Richard, Ann, and Thomas Brook(e)s were scanned, transcribed and uploaded to this blog.

  1. To copy, scan, and transcribe the estate records of Ann and Thomas Brooks of Caswell Co., NC from the Archives

Sources:

  1. Caswell County, North Carolina Series of Original Wills, 1771-1927, C.R. 020.801.1, North Carolina State Archives.
  2. Katherine Kerr Kendall, Caswell County, North Carolina will books 1777-1814. 1784 tax list. guardians’ accounts 1794-1819 and Caswell County North Carolina will books 1814-1843. guardians’ accounts 1819-1847. 1850 & 1860 census mortality schedules powers of attorney from deed books 1777-1880, can be searched online at ancestry.com.

Related Posts:

Brooks family estate records from Caswell County, North Carolina

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