James Brooks of Montgomery County, NC

 

James Brooks was born c1800 in Montgomery Co, NC.  He was born in the part of Montgomery that, in 1841, became Stanly County, NC.   James married around 1822 to Temperance Jane Tucker (b. 1804, d. 9 Jun 1896 in Stanly Co, NC), probably the daughter of Peter Tucker and Rachel Clay.  (BCBNOTE:  see Peter & Rachel Tucker for reasoning behind this supposition.)


The family documents have much on this son of
William Brooks I.  In 1820, John Brooks gives up his rights to a fishery belonging to both himself and James Brooks between the north bank of the Rocky River and an Island in the river. There's mention of a dam made to the island for the development of a fishery:

 

8 Feb 1820 - State of N. Carolina, Montgomery County... February 8th 1820 - I John Brooks of said county and state aforesaid do hereby Relinquish my Rights title & interest in a fishery belonging at this time between me and James Brooks of the same county and state aforesaid  To the said James Brooks To him and his heirs & assigns and do here by defend the title of said trap lying about 2 hundred yards Eastward from the mouth of Island Creek said fishery lying on the northern side of the current of Rocky River opposite to the Island lying in Anson County.  The dam of said fishery on the South side of the river joining of the Island on the North side the bank of the River Against my own claims or the claims of my heirs or anyone claiming under them As witness my hand and Seale the day Date above written.   Attest:  Mary Gurley (her mark)   John Brooks (seal)


This John Brooks was the older brother of James Brooks.  He is likely the John Brooks that left for Henry Co, TN around 1826. 

 

Probate of the "fishery" deed was made in Oct 1831, John was apparently not around (in Paris, Henry Co, TN) and James had passed away… unfortunately, so had their witness, Mary Gurley.  James Brooks' brother, Alexander Brooks had to appear in court to testify as to the handwriting of his eldest brother, John:

 

State of North Carolina / Anson County    Court of Pleas and quarter Sessions / October Term 1831

 

The Within Deed from John Brooks to James Brooks was offered for probate to the Court, and it appearing to the Court that Mary Gourly was the Subscribing Witness thereto and it further appearing by Evidence that the said Mary Gourly is dead and she having made her mark as a witness to said Deed, which would admit of no proof  - and it being in proof by the Evidence of Alexander Brooks that the name of John B. such appears to said Deed was in the proper handwriting of the said John Brooks, and that he executed said Deed from himself to said James Brooks - It is therefore Ordered by the Court that said Deed be admitted to Registration.

 

Fees paid Octr 20th                    W. Dermut Clk

 

State of No Carolina  11th Octo. 1831  Thru this Deed and Certificate of probate was duly Registered in the Registers office of Anson County In Book H (X) page 526.

                                                M. Cammond  Regr.

 

On 2 April 1829, James decides to make a will. He must be sick and expecting the inevitable, for in July of 1829 his will is submitted for probate. James died, leaving his wife, Tempy everything since his children are still too young to own property of their own. There were four known children:


Hester Leah Brooks b.18 Feb 1822 Montgomery Co, NC  d. 1 Feb 1899 Pope Co, AR

married 11 Jun 1838 Nathaniel Duncan Shinn in Cabarrus Co, NC.  He was the son of Silas Benjamin Shinn and Elizabeth Little and a well-respected judge of Pope Co,  AR.  Hester, her husband and most of his family left NC and moved to Pope Co, AR

 

William H. Brooks b. 19 Nov 1823 Mont. Co, NC; d. 23 Mar 1883 Russellville, AR

married 1 Feb 1844 in the Illinois township of Pope Co, AR to Sarah Jane Graham (b. 19 Jan 1821).  They had five children together before Sarah dies 20 May 1860 in Pope Co, AR.  William remarries 6 Nov 1862 to Rebecca Melinda Cooper (16 Aug 1841 Pope Co, AR - 26 May 1928 Pope Co, AR), daughter of Caswell and Rebecca Christina Shoffner Cooper originally from Anson Co, NC, in Pope Co, AR.  William and Rebecca have seven more children, including Dora Alta Brooks who wrote a diary in 1901 on "A Trip Back Home" with her mother to Stanly Co, NC.


James Henry Brooks b. 1825 Mont. Co, NC; d.  after 1880 Pope Co, AR

married 18 Jan 1846 to Elizabeth Light (before leaving for Arkansas).  She dies about Aug 1852 in Pope Co, AR.  James H. Brooks remarries 23 Dec 1852 (the corpse isn't even cold yet!) to Harriet Yarbrough.  James and his family lived in Russelville, Pope Co, AR.


John Henry "Rabbit John" Brooks b. 28 Dec 1828 Mont. Co, NC;

      d. 2 Sep 1903 Stanly Co, NC

 

 

Estate of James Brooks, son of William Brooks I

 


Tempy remarried after James' death in 1829. The following year, in 1830 she married Alford T. Ledbetter and had seven children with him. John “Rabbit John” Brooks lived with his mother and step-father, working their farm, until his marriage to Margaret M. ____ about 1857.

 

Temperance Jane Brooks Ledbetter’s Will:

 

Know all men by these presents that I, Temperance Ledbetter, of the

County of Stanly and the State of North Carolina, considering the

uncertainties of life and being of sound mind and memory do make and

declare and publish this my last will and testament.

First- I will that all my just debts be paid, if any.

Second - I will that all my property of all descriptions, at my death be

sold for cash; also all my notes be collected and the proceeds of all be

equally divided among certain of my children to wit: Hester Shinn, John

Brooks, Malinda Yow, Lyda A. Underwood, Tempy C. Brooks, and

Nancy L. Whitley.

Third - I will to my son Calvin T. Ledbetter, one dollar.

Fourth - I will to the heirs of my deceased son Archy Ledbetter one

dollar.

Fifth - I do nominate and appoint my son John Brooks to the executor

of this my last will and testament.

In testimony whereof I have to my last will and testament here

subscribed my name and affixed my seal this the 29 day of July in the

year of our Lord one Thousand and eight hundred and eighty seven.

 

Temperance Ledbetter (her mark)

 

Witnesses: Stephen McIntyre, N. W. Hathcock, Jam. H. Brooks, and

Noah Webster Hathcock.

 

 


William, James and Hester hit the Arkansas Trail

General William Clark negotiated a treaty with the Osage Indians in 1808, giving the United States the territory east of a line from Fort Clark at Fire Prairie on the Missouri River, near Kansas City, south to the Arkansas River at the mouth of Frog Bayou, at Alma, AR.

Pope County, AR was created on 2 November, 1829 mostly from Conway County, seven years before the Territory of Arkansas became a state in 1836. In 1830, the County Seat was established at old Norristown. The first court house was built 10 years later when the County Seat moved to Dover.

When James Brooks died in July of 1829, he left at least three sons and four daughters orphans. His brothers, William and Alexander were executors of his will in which he left everything to his wife, Tempy. One of these sons, John, would remain behind in
Montgomery County, NC (formerly part of Anson Co, NC). The other two, William and James Henry Brooks, would very soon (around 1842) hit the pioneer trail to settle lands formerly belonging to the Osage Indians.