Orange County NcArchives Wills.....Brooks, Andrew December 16, 1811
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Source: Loose Will, NC Archives CR 073.801, Will Book Volume D, pages 328-330
Written: December 16, 1811
Recorded: Feb 1812
Testator: Andrew Brooks
In the name of God, Amen, I Andrew Brook[sic]
of the town of Hillsborough County of Orange
and state of North Carolina being of sound
mind and memory perfect[sic] (blessed be god) do
this sixteenth day of December in the year
of our lord one thousand eight hundred and
eleven make & publish this my last will and
testament in manner following, that is
to say - first I order all my lawfull debts
to be paid with all convenient speed, for
effecting which I do hereby order that my
house and lot be sold, as also my negro
girl Jinny or Jince shall be also sold as also
a cow and four yearlings and the amount
of the sale of said house and lot and negro
girl Jince, cow and yearlings together with
the amount of a bond due to me by
____ Seaton of Raleigh as also all money
due to me shall be applied first to the
discharge of all my just and lawfull debts
the ballance of said sales to be applied as here-
after I shall order.
Secondly I order that my negro man Thomas and
my negro woman Milly her youngest child and the issue
that she may have hereafter, be hired out during the
life time of my mother and sister Hannah and
that the money amounting from the hire of said
negroes shall be apply'd towards the maintenance
of my said mother and sister, that after the death
of my mother and sister Hanna[sic], the said negroes
Thomas and Milly with their youngest child now
in being (Nance) and what issue she may here after
have shall be sold and the money arrising
from said sales disposed of as follows, that is to say,
one hundred dollars to Sally Tirril my sister, and
[page 2]
one hundred dollars to Nelly Bryants and the remainder
to be equally divided between the children of my
brother William Brook and Joseph Tirril
Thirdly I order that the expenses of my burial and
the expenses attending a suit now pending in the
Superior Court and all other expenses to which
I may be liable shall be paid out of the
ballance remaining of the sale of my house
said lot, my negro girl Jince, cattle & monies
due to me.
fourthly I give and bequeath to my nephew James
Brooks son of my sister Hanna one negro girl
named Cates daughter of Milly, but as there is a
suit now pending in court against me for said
negro girl, and that it is possible that I may loose
her, in that case I bequeath to him one hundred
dollars out of the ballance of the sales of my
house and lot my negro girl Jince and
monies now due to me as also the money of the
sale of my cattle if so much should remain
after paying my just debts and all expenses
fifthly I bequeath all my household furniture
beds and bedding without exception to Nelly
Bryants
sixthly I order that all my working tools shall
remain for the use of my negro man Thomas
during the life time of my mother and sister
Hanna, that after their death I bequeath the
said Tools to James Brooks my nephew
I also bequeath any money that may remain
after paying my debts and expenses from the
sale of my house and lot negro girl Jince cattle
and money due to me to the use of my
mother
Seventhly I order my house and lot where my mother
[page 3]
now lives, known in the plan of the town by the
number (43) forty three, to be sold after the death
of my mother and the money arrising from the
sale of it to be equally divided between the children
of William Brooks and my sister Sally Tirril.
eight[h]ly I ordain that if Nelly Bryants shall
bring suit against my estate for any claim
whatsoever then and in that case I declare
the legacies made to her by this my last will
and testament utterly nul and void.
And I hereby make and ordain my
worthy friend _________________ Executor of
this my last will and testament in witness
whereof I the said Andrew Brook[s] have
to this my last will and testament set my
hand and seal the day and year
above written.
Signed, Sealed, published }
and declared by the said }
Andrew Brook[s] the } ___________ (seal)
testator, as his last will }
and testament in the presence }
of us who were present at the }
time of signing and sealing }
thereof }
[No witness signatures]
[page 4]
State of North Carolina }
Orange County } February Sessions AD 1812.
This paper writing being offered for probate as
the last will and Testament of Andrew Brooks
deceased; and the Court having heard evidence
as to the validity thereof, do adjudge the same to
be the last will and Testament of the said
Andrew Brooks deceased so far as the same
relates to his personal property, but is not his
will as to his real estate: it is therefore ordered
to be recorded
[Will Book Volume D, page 328]
In the name of God, Amen I Andrew Brooks of the
Town of Hillsborough County of Orange and State of
North Carolina being of sound mind and memory perfect[sic]
(blessed be God) do this sixteenth day of December in the year
of Our Lord one thousand eight hundred and eleven make
and publish this my last Will and Testament in manner fol
lowing, that is to say first I order all my just [orig: lawful] Debts [to] be pd.
with all convenient speed, for effecting which I do hereby
order that my House and lot be sold, as also my negroe
Girl Jenny or Jince shall be also sold as also a Cow
and four yearlin[g]s and the amount of the sale of said
House and Lot and negroe Girl Jince Cow and Yearlin[g]s
together with the amount of a Bond due to me by
[Will Book Volume D, page 329]
Seaton of Raleigh, as also all monies due to me shall be applyed
first to the discharge of all my Just [and lawfull] debts the balance of said sales
to be applyed as hereafter I shall order ~~~~ Secondly I order that
my negroe Man Thomas and my negroe Woman Milly her young
est Child and the issue she may have hereafter, be hired out
during the life time of my Mother and Sister Hannah and
that the money amounting from the Hire of said negroes
shall be applyed towards the maintenance of my said Mother
and Sister
[passage found in loose will, not found in will book]
Hannah, that after the death of my mother and sister
[end of skipped passage]
Hannah, the said Negroes Thomas and Milly
with their youngest children [orig: child] now in being (Nance) and
what issue she may hereafter have shall be sold and
the money arising from said sales disposed of as follows,
(that is to say) one hundred Dollars to Sally Tirril my sister &
one hundred Dollars to Nelly Bryants and the remainder
to be equally divided between the Children of my brother William
Brook and Joseph Tirril ~~~~ Thirdly I order that the expenses
of my burial and the expenses attending a suit now pending in
the Superior Court and all other expenses to which I may
be liable shall be paid out of the balance remaining of the sale
of my House said Lot, my negroe girl Jince, cattle and monies
due to me ~~~~ Fourthly I give and bequeath to my nephew
James Brooks Son of My Sister Hannah one negroe girl
named Cates daughter of Milly, but as there is a suit now
pending in Court against me for said negroe girl and
that it is possible [that] I may loose her in that case I bequeath
to him one hundred Dollars out of the balance of the sales
of my House and Lot my negroe girl Jince and monies
now due to me as also the money of the sale of my cattle
if so much should remain after paying my Just debts
and all expenses ~~~~ Fifthly I bequeath all my Household
furniture Beds and bedding without exception to Nelly
Bryant ~~~~ Sixthly I order that all my working Tools
shall remain for the use of my negroe Man Thomas du
-ring the life time of My Mother and Sister Hannah that
after their Death I bequeath the said Tools to James Brooks
my nephew I also bequeath my any money that
[Will Book Volume D, page 330]
may remain after paying my debts and expenses from the
Sale of my House and Lot negroe girl Jince cattle and
money due to me to the use of my Mother ~~~ Seventhly
I order my House and Lot where my Mother now lives [known]
in the plan of the Town by the number (43) forty three
to be sold after the death of my Mother and the money
arising from the sale of it to be equally divided between
the Children of William Brook[s] and my sister Sally
Tirril ~~~~ Eight[h]ly I ordain that if Nelly Bryant
shall bring suit against my estate for any claim
whatsoever then and in that case I declare the legacies
made to her by this my last Will and Testament utter
-ly Null and void and I hereby make and ordain my
worthy friend _________________ executor of this my
last Will and Testament In witness whereof I the
said Andrew Brooks have to this my last will and
Testament set my hand and seal the day and year
above written
Signed Sealed, published & declared
by the said Andrew Brooks the
Testator as his last Will and ___________ (seal)
Testament in the presence of us
who were present at the time of
signing and sealing thereof
[No witness signatures]
State of North Carolina } February Sessions AD 1812.
Orange County }
This paper writing being offered for probate
as the last will and Testament of Andrew Brooks Deceased;
and the Court having heard evidence as to the validity thereof
do adjudge the same to be the last Will and Testament
of the said Andrew Brooks deceased so far as the same
relates to his personal property, but is not his will as to
his real estate: it is therefore ordered to be recorded
Test J. Taylor CC by
T. Fergusson
Additional Comments:
Will Book Volume D, pages 328-330
Recorded Feb 1812
In the original, loose will the surname is "Brook" in the will book copy it is "Brooks"
Estate papers comprise 144 pages and are found in a folder labeled "Brooks, Andrew (1808)". Barnabas O'Fairhill/O'Farrell was appointed Administrator.
[Estate Papers - Court Order of Distrain 30 Mar 1813]
State of North Carolina
To the Sheriff of Orange County Greeting
Whereas lately in our Superior Court of Law held of the County of Orange at the Court
house in Hillsborough Elisabeth Jackson recovered a verdict and Judgment of our
said Court thereon again Barnabas O Farrell Administrator of Andrew Brooks
deceased for the following Negro Slaves (towit) Milley a female Slave of the value of
Two hundred pounds, Catharine a female Slave of the value of One hundred pounds
and six pence damage for detention of said Negroe Slaves, Also the further Sum of
_______________________________________________________________________________
for costs and charges by her the said Elisabeth Jackson in that behalf expended. where
of the said Barnabas O Farrell Administrator &c is liable and convicted as appears
to us of record.
You are therefore hereby commands to distreen[distrain] the Goods & Chattels
Lands and tenements of the said Barnabas O.Farrell Administrator until you
shall make the above sum Three hundred pounds unless the said Barnabas O Farrell
do deliver to the said Elisabeth Jackson the said Negro Slaves Milley, Catharine &
their increase. We also command you that of the Good and chattels that were
of Andrew Brooks deceased in the hands of Barnabas O.Farrell his Administrator
you cause to be make the further sum of six pence which was adjudged to the said
Elisabeth Jackson for the detention of the said Negro Slaves, Milley & Catherine, also
the further sum of _______________________________________________
for costs and charges in the said recovery expended by the said Elisabeth Jackson
whereof the said Barnabas O.Farrell as Administrator is liable and convicted
as appears to us of record. And have you the said monies before the Judge
of our next Superior Court of Law to be held for Range County at the Court house
in Hillsborough on the third monday in September next there and there
to render the damages and charges aforesaid. Herein fail not and
have you then and there this Writ with your endorsement thereon how you
shall have executed the same
Witness Abner B. Bruce Clerk of our said Court at Office
in Hillsborough and under seal of Office the third
monday of March 1813
A. B. Bruce C.S.C
issued 30th March 1813
[Note: costs tallied on back of document total over 41 pounds]
[Estate Papers - Deposition 19 Mar 1816]
Orange County } Pursuant to the anex-
March the 19th 1816 } ed commission we have
this day caused to come before us at the
tavern house of John Craig Richard
G Owen, who being first & duly sworn to
declare what he may know relative to
a certain matter of controversy now pend=
ing in our Superior Court of law for this
County of Orange, Wherein William Brooks
is plaintiff and Barnabas O'Farrill
administrators of Andrew Brooks decd.
defendant deposeth and saith
that, near my house a few days
after the death of Thomas Brook[sic], William
Brooks the plaintiff told me that
he did not know what Andrew, (who
at that time appeared to be somewhat
disturbed about his father estate,)
wanted more, for his father had given
him Tom, & further that it was a
hard case that one child should not
have as good a part of his fathers
estate as another, I then replied that
Andrew Brooks had found[?] his father
in meat bread & firewood; - Brooks
replied even if he has, father has
[page 2]
father has given him Tom and is not
that a sufficient recompense, -
Question by Plaintiff, do you recollect
when this conversation happened, -
Ans. It was in time of Court, and within
a day or two of the death of Thomas
Brooks. --
Question by Plaintiff-
Who was present with you when
this conversation took place
Ans. None but William Brooks & myself
Question Did Wm. Brooks appear to
groggy at that time
Ans. I do not know, but he appeared
to me to be perfectly sober - ["I further" x-out]
Question Do you recollect how this
came to be the subject of conversation
between you and William Brooks at
that time
Ans I do not
And further this deponent
Saith not
Richd. G Owen
Sworn to and
Subscribed before us
James Mebane JP
J. J. Smith J.P.
[Estate Papers - Deposition of Samuel Turrentine 8 Oct 1818]
State of North Carolina }
Orange County }
Pursuant to a Commission from
the Superior Court for the County of Orange to us direct
=ed, authorising & empowering us the subscribers two
acting Justices of the Peace in & for the County of Orange
to take the deposition of Samuel Turrentine to be
read & received as evidence in a certain matter of
Controversy for the plaintiff in a suit pending in sd.
Superior Court of Law wherein William Brooks
is plaintiff & Barnabas O'Farrill Admr. &c
is defendant - We have caused the said Saml.
Turrentine to come before us & after he being
duly sworn upon the Holy Evangelists of Almi
=ghty God, deposeth in the following words
Viz
That some time after his appointment either as
Deputy or Sheriff for the County of Orange which of the
appointments he does not recollect, that sundry Executions,
came to his hand for collection against Thomas Brooks of
said County of Orange that he levied them on the Property of
said Thomas Brooks which consisted of several Negroes &
other Property that among them their[sic] was a negro boy about
15 or 16 years of age nam'd Tom which the said Thomas Brooks
told this deponent that he need not levy on that boy Tom
as he co[u]ld not be sold for his debts, that he give him
to his son Wm Brooks when a child, and that Wm
Brooks had, had him in possession for several years and
that the Damn'd rascal had run away and come back
this deponent proceeded to and did advertise a day of
sale pursuant to the above mentioned levy but the
Executors were satisfy'd and that on the day the said
sale was to have taken place Thomas Brooks
[page 2]
did offer to hire the said negro boy Tom; and that
the said Thomas Brooks did hire him for sundry years to
different Persons, sometime after that day.
Ques 1st by the defendant, do you not know during your acting
in your official capacity that Thomas Brooks was
in the habit of transferring his property from one to an other
of his family to evade the payment of his debts, and that
it was a mutual thing among them to retransfer when any
demands would come against them
Answer by deponent I do believe that such transactions did
take place between Thomas Brooks & his son Andrew
Brooks and I also believe That Thomas Brooks was in
the habit of giving his negroes to his family at one time and then taking
them back again at an other.
Quest. 2nd by Defendt. did not Thomas Brooks about the time
you levied on his Property or about the day of sale inform you that of a sale
must take place Tom the before mention'd negro boy
sho[u]ld be sold that he would bring nearer his
value than any Property he had
Answer by Deponent that was the understanding
Quest. 3thd. by Defendt, whas not that Proposal by Thomas
Brooks to sell Tom, made in consequence of a consulta
=tion among the family of said Thomas Brooks
Answer by Deponent I think it was and as he would
bring nearer his value than any of the rest and if he
was sold Wm. Brooks could be remunerated either by
giving him another or in some other way and he
[page 3]
further states that he does not recollect whether
Tom Brooks was one of the concil or not,
Quest. 4th by Defendt. did you ever hear Thomas Brooks
say he had sold Tom to his son Andrew
Answer by Deponent I don't recollect that I ever did
& further this deponent saithette[sic] not.
Sworn to & subscribed before us S. Turrentine
this 8th day of October 1818
??? Child J.P
Wm. Lockhart J.P.
[Estate Papers - Petition May 1827]
State of North Carolina } Court of Pleas & Quarter Sessions
County of Orange }
To the Worshipful Justices of the Pleas and
Quarter Sessions
The Petition of James Brooks
against
Barnabas O'Farrel Admini-
trator with the Will annexed
of Andrew Brooks deceased.
Sheweth,
That Andrew Brooks late of the Town of Hillsbo-
-rough & County aforesaid, deceased, being in his life time
and at the time of his death possessed of and entitled to a
considerable personal estate, consisting of negro slaves
live-stock & a variety of articles of the value of three
thousands Dollars or other other sum independent of
an improved Lot of which he was seized and possessed lying &
being in said Town of Hillsborough, did duly make
and publish his last will and Testament in writing
bearing date the 15th day of December A.D.1811, or thereabouts
and by & in the same, did will and bequeath (among other
things) to the effect following, that is to say -- "Fourthly,
" I give and bequeath unto my nephew James Brooks, son
" of my sister Hannah, one negro girl name Cate, daughter
" of Milley:- but as there is a suit now pending in Court
[page 2]
" against me for said negro girl, & that it is possible [that] I may
" lose her, in that case, I bequeath him one Hundred Dol-
" lars out of the balance of the sales of my House & Lot, my
" negro girl Jince & monies now due to me, as also the Money of
" the sale of my Cattle, if so much, should remain after pay-
" -ing my just debts and all expenses"
" Sixthly I order that all my working tools shall remain
" for the use of my negro man Tom [orig: Thomas] during the life time of
" my Mother and Sister Hannah, that after their death, I be-
" queath the said tools to James Brooks my nephew."
It is further shewn, that shortly after making & publishing
his said last Will and Testament the said Andrew Brooks
departed this life without altering or revoking the same: And
that the said Barnabas O'Farrel afterwards towit at ___ Term A.D. 1812 or thereabouts obtained
Letters of Administration with the Will annexed, to be grant-
ed to him, by this Court and possessed of himself of all the
personal estate belonging to his testator; and accounts due
to the estate: --- which said estate, including said debts and
accounts, your petitioner alleges, was considerably more
than sufficient to pay & satisfy all debts and demands
against the same, & that after such payment, there remains
in the hands of the said Barnabas, a large surplus yet
to be accounted for by him.
You Petitioner further shews, that Betsey Brooks the Mo-
ther of the said Andrew, died some time in the year 1817 or thereabouts, and
that said Hannah Brooks mother of your petitioner, de-
parted this life in the Fall of the year 1826: And that
in the aforementioned suit for the girl Cate said girl was
recovered of & from the said Barnabas as administrator, so
that
[page 3]
your petitioner thereupon became entitled to the aforesaid
legacy of $100: and the said Betsey Brooks & Hannah Brooks
having both departed this life, your petitioner is also en-
titled to the set of Carpenters Tools which the said ne-
-gro man Tom was to use so long as the mother of the said
Andrew & his sister Hannah should live.
The said Barnabas O'Farrel, having thus possessed
himself of the personal estate, your petitioner well hoped
would have come to a just & fair account touching the
same, & that the legacies aforesaid would have been passed[?]
over to him long before this: But your petitioner shews
that the said Barnabas, hath not even yet return to
this Court, any account to show, what estate of the said
Andrew, came to his hands, how he has administered and disposed of the
Same nor what debts & demands against the estate he has
paid off & discharged; And under various false and
inconsistent pretences hath refused, & still doth refuse
to pay to your petitioner, his said legacies or any part
thereof, although after requested so to do: which actings &
doing of the said Barnabas are highly wrongful & injuri-
-ous to your petitioner and against Equity & conscience.
To the end therefore that the said Barnabas may full, true
and perfect answer Make to all & singular the premises and set
forth particularly what estate & debts came t his hands, and how
he has administered the same, and that may come to a fair
and just account with your petitioner, and be compelled
by a decree of this worshipful Court pay to you petition-
-er what may be due & owing to him on[?] the premises; and that
your Petitioner may have such other and further relief, as to your
worships shall seem meet, May it please your worships
to grant to your petitioner the State's Writ of Subpoena
[page 4]
to be directed to the said Barnabas O'Farrell commanding
him &c: to be & appear at the next Term of this Court &c.
according to the laws of the state & the Course and practice
of the Courts &c:
And your petitioners will every pray &c:
Scott
Atto for Petitioners
[Estate Papers - Answer to Petition Aug 1828]
North Carolina }
Orange County } Court of Pleas & Quarter Sessions
Augt. Term 1828
To the Worshipful the Justice of said Court
The Answer
of Barnabus O'Fairhill to the Petition of James Brooks
files against him in said Court - Saving & reserving &c for
answer &c answering sayeth - he admits the clauses in the
Will of Andrew Brooks decd. are correctly set forth in the Petn.
under which the Petitioner claims - he further admits that
he administered upon the estate of said Andrew Brooks as
set forth & that Betsey Brooks & Hannah Brooks are both dead
& he shews that the negro woman Milly & all her children
have been recovered of him by due course of law as was
foreseen by his testator - Annexed to this answer is an account
seting forth the amt. of the estate recd. & of all the debts paid which
In acct. he prays may be taken as part of this answer - by
which it will appear that the estate of his intestate is
indebted to this deft. he would more particularly
shew to your Worships that the personal fund set apart
by his Testator for the payt. of his debts & of his legacy to
the Petitioner has be more than exhausted - the house
& lot has not yet been sold & if Petitioner seeks to have
that sold & his legacy paid out of it this Deft. submits
to this worshipful court whither all the parties are
now before the court who are interested in the question
[entire line lost in the fold of the paper]
Deft. states They were on the death of Betsey & Hannah Brooks sold by this Deft. as
necessary for the payt. of the debt & by direct of Wm Norwood Esqr. his counsell
He prays ????? to be dismissed with his reasonable costs &c
And as in duty bound will ever pray &c
G Nash for Deft.
[Estate Papers - Seeking Richard G. Owen (undated)]
In the Superior Court of Orange County
William Brooks }
vs } - Barnabas O'Farrill the Defendant
Barnabas O'Farill } maketh Oath this he became possessed
of the Slave Tom for whom this suit is
brought as the Administrator of the estate of Andrew Brooks
deceased, and has been informed and believes that the plaintiffs
claim is founded in a pretense that the said Tom was
given to him, by parol[e], many years ago; the Defendant
therefore has met with much difficulty in acquiring
correct information on the suit. He has been informed
and believes that Richard G. Owen is a material witness
for him in this suit, that his widow will shew that
the title of the slave is not in the plaintiff. The said
Richard G. Owen had removed himself from this state,
to the state of Virginia at the time of the issue was joined
in this suit, and to what part of that state the Defendant
was ignorant, notwithstanding he diligently inquired for
the said Owen, until two or three months ago when
he learned that the said Owen lived with in the
County of Patrick or Henry since which information
to wit, in the beginning of August he sent a man with
notices to be served on the plaintiff to take the Deposition
of the said Owen, but the plaintiff, as Defendant was
informed by his messenger, was then on a journey to
the mountains and would not return for the space of
eight or ten days, This Defendant can not come safely
to trial without the benefit of the evidence of the said
Owen
A.B. Bruce Barnabas O'Farril
[Estate Papers - Inventory]
Inventory or List of the Goods and Chattels of
Andrew Brooks
one negro woman named Milley and
her two children, she is sued for by Betsy
Jackson -
one negro man Tom, claimed and demand
made and a suit proposed by William Brooks
one negro girl named Jinse suit proposed
by William Jackson ["for" x-out] for her in favour
of one of his daughters
[sundry items omitted]
Delivered into county court of Orange
by Banrabas O'Farril adminis
trator on the good & chat[t]els of
Andrew Brooks deceased
Barnabas O'Farril
???der Oath
[Estate Papers - Deposition (Undated)]
In pursuance of a Commission to us directed
We have this the 20th day of September 1817
called before us John Martin at the Dwelling
house of John Faddis in the Town of Hillsboro.
and he the said John Martin being duly
sworn upon the Hold Evangelists of the
Almighty God, to give evidence to be read
in a suit now pending in the Superior Court
of Orange No.Carolina, wherein William Brooks
is Plaintiff In behalf of the said William
Brooks he Deposeth & saith that about
twenty six of twenty seven years ago, I came
to Hillsboro. on business, that I tyed my horse
at old Thomas Brooks, near the setting of the
sun I was about to start home, when old
Mr. Brooks insisted upon my staying all
night with him. I did so. during that
night the negro boy Tom in question was
born. the next morning William Brooks
the present plaintfif and myself were sitting
in the yard under a kind of harbour
When old Mr. Brooks the father of the present
plaintiff came out to us with the Child
born the preceding night in his hands
after some apologies for the disturbance
given me in the night he remarked
that he had a fine child born, the
old man Brooks then threw his hand
kerchief over Mr. Wm. Brooks knee
and placed the Child on the hand ker
-chief and said, "I give this Negroe
[page 2]
Child to my son William before
you Mr. Martin and I name this
Child Tom after myself" after the
child was placed on Williams knee it
began to Cry, when Wm. said Father what
shall I do with it Why Billy says he you
may do as you please with it, you may
give it to your mother to raise it for
you if you please.
Ques. by pltff. Did you every see any subsequent
gift of the said Negro Tom now
in question to the said Wm. Brooks.
Ansr. I saw Mr. Thos. Brooks about four
years after the first gift deliver the
sd. Toms hand into the sd. Wms hand near
Chatham line in this County.
Quest. by pltff. What was the old man's object
in making a second delivery?
Ans. William Brooks was married at the
time of the second delivery - Wms Father in
Law had said that Wm. would have
the trouble of raising the boy Tom (for Wm.
Then had him in possession living about
18 miles from Hillsboro) and that after
Tom got large enough to work, that his
father old Mr. Brooks would take the boy
Tom from him - the old Man Mr. Brooks
gave as his reason for the second delivery
that he wished to satisfy Mr. Moore the
father in Law of Wm Brooks
[page 3]
Quest by Plff
How long did Tom continue in
the possession of Wm. Brooks from
the time of the second delivery?
Ans. I think about six or seven
years before he ran away & came
to Hillsboro.
Quest. Did you live near Wm.
Brooks' at the time of the second Delivery
Ans. I lived about 2 miles from Wms. & we
frequently worked together at the Carpenters
business for Six or Seven years ---
Quest. What else do you know about the business
[Ans] I came to Hillsboro pct[pub?] before the negro
ran way and old Mr. Brooks asked me
how Wm was coming on. I told him I thought
he was doing badly for that he had
mortgaged his Land I said to the old
man If I was in your place I would
take Tom home said he, 'I shan't for
I have given him twice to William
before you & if he is sold for Williams
debts let him go' - & I[sic] further I know
not
Question by Deft
How long were you ac-
-quainted with old Mr Brooks before the
first gift was made Ansr. Near about
twenty years. What age were you when you
first became acquainted with Thomas Brooks
Ansr. about 17 or 18 years old.
[page 4]
What age are you now? Ansr. 61 years
& going into 62 years. -- How long do you
think it is since the first give was mane?
Ansr. about 26 or 27 years ago.
Where Do you live now Mr. Martin?
I live upon the bleu ridge in Surrey County
about 28 miles from the Court house
How long have you lived thare
Ans: About 6 years How log since you
left this County ["about"] Ans: About 6 years
& always lived at the same place in Surry
Was any body present when the first
gift was made - Ansr. Nobody present
but the old Man, Wm. & myself
Was the Child naked when the old man
presented it Ansr. No it was Clothed
Did Thos Brooks assign any reason
for making the gift at the time
Ansr. No. he did not to me.
Did you ever know Thos. Brooks to
make any other first of his negroes to any of the rest
of his Children - Ansr. I did not
When you advised Old Tom Brooks to take
Tom home Did you not conceive the
negro then belongs to the old Man
Ansr. I did not
In case Wm. Brooks recovers this
negro don't you expect some premium?
Ansr. I do not Sir:
Sworn & subscribed before me John Martin
James Moore (JP)
[Estate Papers - Petition and Order of Sale Mar 1842]
State of North Carolina } In Equity
Orange County } March Term 1842
To the Hon Judge of Said Court
The petition of Thomas Terrill, Josiah Allen, Matil-
da Allen, Julia Allen and Sarah Allen who as
the children and heirs at law of Elizabeth Terrill de-
ceased who was married to Thomas Allen, of whom
Julia and Sarah are minors under the age of
twenty one years & sue in this behalf by Thomas Terrill
their Uncle & next friend and of Soloman Terrill
George Terrill, of the child & heir at law of William Anderson and Matil-
da his wife who is dead; of David Allen and Polly
his wife, and Jeniah Young and Harriet his wife
Against
Will Brooks, the children and heirs at law
of Elizabeth Howell deceased the wife of Benjamin
Howell, Sucky Jackson, William Terrill, Joseph
Terrill, and Jacob Dishong and Nancy his wife.
Humbly complaining sheweth unto your Honor-
that Andrew Brooks late of Orange County depar-
ted this life many year ago seized and possessed
at the time of his death of a lot of land containing
one acre over or less in the Town of Hillsborough
and known the plan of said Town as Lot
No. ____ which lies upon King Street adjoining
the lots of James C. Turrentine, James S. Smith
and Mrs Phoebe Clany, that he did not leav[e] -
a will properly executed for passing the said
lot of land and that the same descended
to his heirs at law, who are you petitioners
and the defendants, they being the ["children" x-out]
["and grand Children of said Andrew" x-out]
[page 2]
the brothers and sisters and the children of deceased
brothers and sisters of said Andrew, he having died
without leaving any lawful issue - viz. the defendant
William Brooks, his brother, the children and heirs
at law of Elizabeth his sister who was married to
Benjamin Howell, the name and place of residence
of whose Children are unknown to your petitioners
Sucky his sister who was married to William
Jackson, the said William being now dead - and
your other petitioners & other defendants who are
all the children or grandchildren of Sarah another
sister of the said Andrew, who is now dead, leaving
as her heirs at law her Children, Thomas Terrill
a plaintiff, William Terrill a defendant, Joseph
Terrill a defendant, Soloman and George Terrill
plaintiffs, and _______ (the child & her at law
of Matilda Terrill a daughter of the said Sarah
who was married to William Anderson & is now
dead -) Harriet who is married to Jacob Dishong
defendants, Polly married to David Allen, and
Harriet married to Jeniah Younger petitioners -
Your petitioners shew that said lot of land
cannot be divided among them without greatly injuring
its value & they pray that the same may be sold by a
decree of this Court for division &c
And as in duty bound they will every pray &c
J.W. Norwood Sol
for defendants
[page 3]
This case coming on to be heard upon the petition
& it appearing to the satisfaction of the Court that publi-
cation hath been made according to law for the de-
fendants who reside beyound the state - the Clerk &
Master is appointed guardian pendente lite of the
minor defendants - and the petition is taken pro con-
feso as to all the defendants - and the court being
satisfied of the truth of the matters stated in the pe-
tition it is adjudged & decreed by the court that the
lot of land mentioned in the petition be sold
by the Clerk & Master on a credit of 12 months af-
ter an advertisement of 30 days, in bond & gold
security & that he retain the title ["the" x-out] till further or-
der & report to next Court -