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 brother of Gideon
Green.
For many years following, Sinthia (known also as Siddy)
would fight for her rights to the 175 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. Ezekiel's brother,
John Brooks had been placed as Ezekiel's guardian in 1819 but gave up his
guardianship upon Ezekiel's marriage to Siddy
Green.
It seems, according to court records,
that Ezekiel was convinced that her children were not his. Some stated that she had a child by Jesse
Barnett prior to her marriage to Ezekiel (census records do show a male in the
household b.1815-20… or before their marriage).
It is also stated that Jesse Barnett lived with Ezekiel and his wife for
a number of years. Ezekiel himself did
not believe that his daughter belonged to him.
Unfortunately, his daughter, Ibby Elinder Brooks died very young. Ezekiel was sent for from the barn to see the
child and refused to. Siddy may indeed have been looking for a "free
ride." But, Ezekiel's brother,
Alexander (placed by
May
Session 1846
Siddy
Brooks vs. Alexr. Brooks - Following
jury empaneled:
Jacob Coble, Lindsay Hathcock, Jacob J. Efird, Joseph McLester, Mathias
Moose Jr., A. Randle, Wm Udy Sr., Martin Almond,
Green Palmer, Allen Holt, Francis Locke, Thos H. Austin who find all the issues
in favor of the plff (Siddy)
- deft. (Alex.) to give bond and pay costs of this
suit or be remanded as Guardian. Appeal
prayed and granted to Superior Court.
Alexander wasted no time in preparing his
case, obtaining depositions from all he could.
He had already lost the court case in 1843 and had just lost this one in
Siddy's countersuit.
Still, he would lose the battle entirely and Siddy
would remain on the Brooks plantation… later, Ezekiel would rejoin his wife and
son, Ezekiel Marion Brooks there as well.
The Green family was a good one, to be
sure. William Brooks
II had many dealings with them and felt they were excellent neighbors. It's still possible that Siddy
was not a clear reflection of this family.
Alexander obviously felt that she did not
deserve the rights normally accorded to a wife insofar as the property was
concerned. He claimed that she was not
lawfully married to Ezekiel… yet Jacob Austin claims to have made a license for
them and married them as Justice of the Peace.
William Brooks II (a deputy sheriff of Anson Co, NC at the time) is
supposed to have given bond for the marriage.
After all, it was the family homestead
that was in question. Depositions were
taken by many family members in this matter and state much about Ezekiel and
his brothers and their families. Other Court papers pertaining
to his suit against Siddy Brooks can be found in the
courthouse. 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 end 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
Ibby Elinder Brooks b.c1822 d. at birth
Ezekiel Marion Brooks b.
Sinthia "Siddy" Green
Brooks died sometime between 1850 and 1860.
Ezekiel Marion Brooks had married a woman with the longest name in my
database, Catherine Amalentha Rosilla
Letha Jane Bird! They were married
Ezekiel Brooks (the elder) lived with his
son and family until his death sometime after 1870. 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.
My thanks to Jackie Lee of