Joseph A. Brooks - 1845 Last Will & Testament

Joseph A. Brooks, son of the pioneer Joseph Brooks, prepared his last will and testament in April 1845. It names his sons, and some grandchildren. It was probated in December 1846, as shown below.

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Bullitt County Will Book C, Pages 612-614

I Joseph A. Brooks of the county of Bullitt and state of Kentucky do make and publish this my last will and testament, hereby revoking, and declaring void all former wills by me at any time heretofore made.

I desire first, that all my debts (if any there should be) at the time of my decease shall be paid by my executors hereinafter named out of the first moneys that may come into their hands.

Of my worldly goods and effects, I do make the following disposition to-wit: to my wife, Rebecca Brooks, I give and bequeath one-third part of my entire estate, real and personal, to be held, used and enjoyed by her for and during the period of her natural life; and after her death to revert back and revest in my five sons Joseph M. Brooks, Solomon N. Brooks, Walter B. M. Brooks, David Brooks, and B. Franklin Brooks to be equally divided between them.

I give and bequeath unto my grandchildren, Joseph A. Brooks, Rebecca Ann Brooks, William W. Brooks, and David L. Brooks, children of my son, William S. Brooks, 500 acres of land to be laid off on my lick track of land to be held by them jointly for their own proper use and behoof, and my will is that the same shall be rented or leased by their guardian hereinafter named until the youngest of them shall have attained the age of twenty-one years, and that the proceeds therefrom be usedd and expended for their benefit.

And whereas also, I purchased of Thomas Q. Willson, in his lifetime, a tract of land lying on the waters of Blue Lick in Bullitt County, concerning which tract of land there is now a contest pending in the Bullitt circuit court between myself and the heirs of John Dunn deceased; now my further will and desire is that if I succeed in holding said land, or any part thereof, that the same after my death shall be disposed by my executors and the proceeds of the sale to be loaned out at interest by the guardian of my said grandchildren to-wit Joseph A. Brooks, Rebecca Ann Brooks, William W. Brooks, and David L. Brooks until they successively attain the age of 21 years, and then their proportionate shares of money together with its interest to be paid to them by their guardian.

And further, I do appoint my son Solomon N. Brooks guardian for the above named infant children, and my desire is that in no contingency whatever shall their father William brooks act as guardian for them.

And whereas also, I have given to my son Joseph M. Brooks 500 acres of land, which he sold to James H. West, as by reference to deed for same from myself to said West recorded in the Jefferson County clerk's office will appear, now my desire is that my four sons Solomon N. Brooks, Walter B. M. Brooks, David Brooks and B. Franklin Brooks shall each receive of my land, land equal to that already received by son Joseph M. Brooks, regard being had to the quantity, quality and natural advantages. After which equalization my desire, is that my remaining lands not previously disposed of may be equally divided between my five sons Joseph M. Brooks, Solomon N. Brooks, Walter B. M. Brooks, David Brooks, and B. Franklin Brooks, share and share alike, regard being had as above.

Also, I have given to my son Joseph M. Brooks, five Negroes valued at $3250 and to my son Solomon N. Brooks four Negroes valued a $2200. My will and desire is that my four sons, Solomon N. Brooks, Walter B. M. Brooks, David Brooks, and B. Franklin Brooks shall receive Negroes equal in point of value to those received by my son Joseph M. Brooks, and after such equalization, then of the remainder, each of my five sons to receive an equal share; that is my sons Joseph M. Brooks, Solomon N. Brooks, Walter B. M. Brooks, David Brooks, and B. Franklin Brooks.

It is understood that in the division among my five children above it is to be considered a division after the assignment of the third or dower to my wife.

Also to my son William S. Brooks I give and bequeath the sum of five dollars.

It is also my further wish and desire that my Negro man named Bob Brown, shall after my disease be manumitted and set at liberty, his manumission and final discharge to take place, one year after my decease. I do this because of his former faithfulness and devotion to me.

And I do hereby constitute and appoint my sons Joseph M. Brooks, Solomon N. Brooks, and my worthy friend Abraham Field executors of this my last will and testament.

In testimony whereof I the said Joseph A. Brooks have hereto set my hand and seal this seventh day of April in the year of our Lord, 1845. (signed) Joseph A. Brooks

Signed, sealed and published in the presence of the undersigned who have alos signed in the presence of each other this 7th day of April 1845. (signed) D. L. Brooks, Richard H. Field, John Anderson.

State of Kentucky, Bullitt County, to-wit. I Noah C. Summers, clerk of the County Court fro said county, certify that this last will and testament of Joseph A. Brooks dec'd was this 21st day of December 1846 produced in open court by the executors for record and was duly proved in open court by the oaths of David L. Brooks, John Anderson and Richard H. Field, the subscribing witnesses thereto to be the true last will and testament of said Joseph A. Brooks dec'd and ordered to be recorded as fully proved. Thereupon the same and this certificate are truly recorded in my office. Att. N. C. Summers, C.B.C.C.

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