Orange County NcArchives Wills.....Brooks, Andrew December 16, 1811 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Ben Franklin ben.franklin.ffru@gmail.com May 2024 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 -