MONTGOMERY COUNTY, NC - WILLS - James Brooks, 2 Apr 1829 ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: Baylus C. Brooks bajulus@alltel.net ==================================================================== Will of James Brooks of Montgomery Co, NC From the Brooks Family Documents Abstracted by Baylus C. Brooks 6214 155th Drive Live Oak, FL 32060 email: bajulus@alltel.net In the name of God Amen I James Brooks of Montgomery County State of North Carolina being of sound and perfect mind and memory blesed be God to this 2nd. day of April in the year of our lord 1829 I make and publish this my last will and testament in full that is to say first to say I want all my must debts paid I give and bequeath my loving wife Tempa Brooks all my land or lands and one begro man named Sam and all my stock of every kind and all house hold furniture and every thing that I now own as long as she holds up my name and if she marries then to come in for one childs part and I hereby make and ordain my worthy friends William Brooks and Alexander Brooks Executors of this my last will and testament In witness where of I the said James Brooks have to this my last will and testament set my hand and seal the day and year just above mentioned Signed Sealed and Published and declared by the said James the testator as his last will and testament in the presence of us signed sealed in the presence of us her Elizabeth Brooks James Brooks (seal) mark John Brooks Montgomery County Court July term 1829 when this will was offered for probate and proved in open court by the oath of John Brooks and ordered to be recorded a copy from the original is recorded and filed in my office J. B. Martin clk BCBNOTE: This document mentions a "John Brooks" (b. 2 Mar 1802, d. 25 Jul 1875 in Albemarle, NC), that is probably the son of William Brooks II. This John Brooks married Patsey Elizabeth Cuthberson 26 Nov 1825 in Mecklenburg Co, NC. She is the "Elizabeth Brooks" who is listed in this will as a witness. James Brooks' wife, "Tempy" (Temperance Jane Tucker) eventually marries Alford Ledbetter in 1830. John Brooks b.1828 (son of James) lives on and works the Ledbetter farm. Debt of James Brooks Estate James Brooks to Helderay Willis Jr. for work and Labor dun $1.20 Tw hundred weight of sed Coton 4.00 ---------- State of N Carolina Montgomery County This day come Helderey Willis before me one of the justice of the peece <> made oath that the Estate of James Brooks Stands Jusly indeted to him the sum of five dollars and twenty cents Febuary 13d 1830 his B. Austin JP Helderey <> mark BCBNOTE: Bryant Deberry Austin was the father of William M. Austin (m. Sarah Brooks b. 1825) and Thetis S. Austin (m. Alexander J. Brooks) [from Dan Sullivan, genealogist] Appointment of Executors to Estate of James Brooks, Dec'd - July 1829 State of North Carolina Montgomery County By the Justices of Montgomery County It being certified to us that James Brooks late of Montgomery is dead and hath made a will in writing a copy of which is hereunto annexed in which will be hath appointed William Brooks and Alexander Brooks Executors of Said will, who exhibited and proved Said will, and qualified accor- ding to Law. These are therefore to impower the said William & Alexander to enter into upon all Singular the goods and chattels rights and credits of the Said James Brooks and the Same into their possession take where Soever in this State to be found and an Inventory there of an oath to return into court according to Law and the debts of the deceased to pay for as the Said Estate will extend or amount Witness John B. Martin Clerk of Said Court at office the first monday in July 1829 J. Martin Clk