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Ezekiel Brooks of Stanly County, NC

Ezekiel Brooks was born 1798 a son of William Brooks I of Stanly Co, NC. Twenty years later, upon his father's death, the courts find him incapable of rational judgement, declaring him to be an "idiot." His father, however had left him a portion of the estate that included the homestead. Ezekiel was married about 1820 to Sinthia Green, probably the daughter of Jacob Green of Stanly Co, NC who was probably a son or brother of Gideon Green.

For many years following, Sinthia (known also as Siddy) would fight for her rights to the 275 acres given to Ezekiel in his father's will against Ezekiel's brother, Alexander Brooks who, in 1836 was placed by the courts as guardian over his brother, Ezekiel. It seems, according to court records, that Ezekiel was convinced that her children were not his. Alexander obviously felt that she did not deserve the rights normally accorded to a wife insofar as the property was concerned. After all, it was the family homestead that was in question. Depositions were taken by many family members in this matter (Deposition of John Brooks) and state much about Ezekiel and his brothers and their families. One of them also states that Ezekiel was good at working his birch bark canoe and playing the fife "tolerably." J BCBNOTE: My many thanks to Jim S. Brooks of Spartanburg, SC for his help in clarifying a great deal of the family of William Brooks I through these court records. His efforts are much appreciated!

The 1843 Minutes of Stanly County Court:

1843 Minutes - March Term: Alexander Brooks versus Siddy Greene Brooks: This was an action of Fzekiel's indictment trial before his Honorable Judge Little at Spring Term 1843 of the Supreme Court of Stanly County. The Defendant pleaded specially her covertness and no guilty. The Plaintiff offered in evidence a grant from the State in 1783 to William Brooks for the 100 acres of land mentioned in the declaration and the Will of William Brooks dividing the ???????? Ezekiel Brooks. The lessor of the Plaintiff further offered in evidence the inquest of a jury in the year 1818 finding the said Ezekiel to be an idiot and also another inquest of a jury following in 1836 finding the said Alexander Brooks lessor of the Plaintiff as guardian for said Ezekiel Brooks by the County of Montgomery in 1836. It was admitted the Defendant was in possession of the land In controversy and has been for 20 years and was claiming as the wife of Ezekiel Brooks from her intermarriage with him - about the year 1820. The lessor the Plaintiff introduced several examples to prove that Ezekiel Brooks at the time of the alleged marriage was from mental inability incapable of entering into the marriage contract and the Defendant also introduced a number of examples to prove that said Ezekiel Brooks at the of the alleged marriage and for several years thereafter had sufficient mental capacity to contract marriage and did contract marriage with the Defendant. The Defendant's counsel then moved the court to instruct the jury that if they are satisfied from the evidence that Ezekiel Brooks had mental capacity to enter into marriage contract with the Defendant, then the Plaintiff could not recover in this action upon the demise laid in the declaration of Alexander Brooks individually and not as guardian - for that the demise should have been laid in the name of Ezekiel Brooks by his guardian, Alexander Brooks, or in the name of Alexander Brooks as guardian of Ezekiel Brooks. A copy of said declaration is hereunto appended, Marked A and forms a part of this case. That the Plaintiff could not recover in this action admitting the demise to be laid correctly as to have been in the name of the Ward by his guardian or in the naming the lessor of the Plaintiff as guardian against the wife of the Ward. These questions of the law were seconded by the Court. His Honor charged the jury that the two inquests offered in evidence was prima facia. Witness of the insanity of Ezekiel Brooks , but not conclusive that it was competent for the Defendant to introduce testimony to satisfy them that Ezekiel Brooks at the time of his intermarriage with the defendant had capacity to do any binding act was the understanding to know the immediate and of this acts in relation to himself, consequences his fellow being, and his creator and of the evidence offered by the Defendant satisfied them (in apposition to the presumption arising from the finding of the jury of inquest and the testimony offered by Plaintiff that Ezekiel Brooks had Capacity at the time of alleged marriage with the Defendant to know his rights and duties and natural consequences of his acts then he could do binding acts although he might not be able to reason correctly in the ___ and uncertain sense of his actions - they would then find in favor of the Defendant.

Ezekiel and Sinthia Green Brooks had two children before the majority of the legal action ensued, a boy and a girl.. then in 1836, Sinthia gave birth to Ezekiel Marion Brooks... probably with the intention to demonstrate that her husband was still capable of "contracting" his marriage agreement with her and, thus proving that the family's affairs should still remain internal. The name of the oldest son remains unknown... only that he was born before 1830 and the Deposition of John Brooks in 1849 states that he was dead at the time. The known children are:

Mary "Polly" Brooks b. 25 December 1824 d.22 December 1891
Ezekiel Marion Brooks b. 1836 d. McKinney, Collin Co, TX ?

Mary married George Hiram Huneycutt of Stanly County, NC and produced 14 children. Ezekiel Marion Brooks married a woman with the longest name in my database, Catherine Amalentha Rosilla Letha Jane Bird! They were married 5 February 1857 in Stanly Co, NC and produced at least 9 children. Ezekiel M. Brooks would, in January, 1892, sell the old Brooks homestead to Henry W. Hill before moving to McKinney, Collin Co, Texas. A newspaper article about the Brooks-Hill Homestead is available on this site in the "Stories" section.

Sad tidings for Ezekiel Marion Brooks and family:

Cyclone (from Stanly Newspaper, April 20, 1976)

During the lifetime of Ezekiel Brooks, a cyclone swept through the farm in a path about one-half a mile wide. It destroyed almost everything in its way including the home. The house and trees were leveled to the ground. The home was lifted off its foundation, leaving some furniture and bedding. However, almost everything inside was strewn over timbers and anything it happened to hang onto.

The family was scattered to and fro, no one knowing where the others were for some time. Eliza Brooks, a daughter, was blown over a large elm tree that stood in the front yard, carrying her in mid-air and settled her down near Island Creek which is one-fourth mile away.

Another sister, Isabelle, was blown over across Island Creek, and lodged in an apple tree on the farm of John O. Tucker. After a while, the sisters got together and went back to the destroyed home only slightly injured, but never to be forgotten, as a terrible episode.

One by one, the family all got back together, only to find the floor and a few pieces of furniture left of their home. The Brooks’ mother was struck on the head by a flying piece of timber that caused her death later. It might be of interest to many people of this county to know that this Mrs. Ezekiel Brooks was the mother of Mr. Wade Love of Stanfield.

Newspaper article mentioning Ezekiel Marion Brooks' residence:

The Democrat, McKinney, Tx., January 29, 1895
Editor Democrat

ENLOE SCHOOL HOUSE :

Farmers have been busy the past two weeks cleaning and breaking the land for another crop of 4 cent cotton......W. G. DRAKE and family have been visiting his brother-in-law, SAM SMITH of New Hope the past week.......SAM ODLE who has been confined to bed with fever for the past three or four weeks is convalescent......ABE ENLOE, JR. had his saddle stolen from his home, Jan. 19. No clue......MRS. JOHN ENLOE who has been on the sick list is better at this writing......The young people had a hop at E. M. BROOKS' residence on the 19th......MRS. JOHN RENFRO and mother, former residents of this community, but now of Grassey Lake, were visiting ABE ENLOE,SR. and family this past week......The North Carolinaians continue to come into our settlement. More tax-hauls......BROTHER McKINNEY preached an able sermon to a large audience at the new Christian Church on the 20th......There was no school here last Friday as our new teacher, MR. J. M. SHOOK was attending the institute which met at McKinney on the 25th and 26th......MRS. MITT RUTLEDGE has returned from a visit to her mother who lives in West Collin......Spelling every two weeks at the new schoolhouse.

Downtown McKinney, TX in 1906

Texaco Station in McKinney, TX c.1910 (from http://www.mckinneytx.com/)

My thanks to Jackie Lee of Viborg, SD for the information on Ezekiel Brooks...