Will of Caleb BROOKES the Elder (b.1730)

Collar maker of Dorchester

Dated 6th October 1730, Proved 28th Oct 1730
©Transcribed by Michael Russell OPC Dorchester - July 2012 - Notes last updated September 2019

This is the Last Will and Testament of me Caleb BROOKES the elder of Dorchester in the County of Dorset Collar maker being weak and infirm in body but of sound and perfect mind and memory (Thanks be given to Almighty God)

First: I give and devise unto my son Caleb BROOKS his heirs and assigns ALL that my Messuage Burgage or Tenement with all and singular the appurtenances thereunto belonging situate in the Parish of St Peter within the Borough of Dorchester aforesaid in the North side of High East Street there now in the possession and ternary of John MARTIN Periwig maker commonly called or known by the name of the 'White Horse Inn'. To HOLD the said lands and premises unto my said son Caleb BROOKS his heirs and assigns for ever,

    But in case Caleb my said son shall happen to die before me or without lawful issue to be by him begotten Then I give and devise the said Messuage Burgage or Tenement and premises unto my brother Joshua BROOKS for the term of his natural life and from and after his decease I give and devise the same premises to the first son of the body of the said Joshua BROOKS lawfully begotten and his heirs male of the body of such first son lawfully issuing

    And in default of such issue to the second third fourth and every other son and sons of the body of the said Joshua BROOKS lawfully begotten or to be begotten successively and in remainder one after the other as they and every of them shall be in seniority of age and priority of birth and the several heirs males of their several and respective bodies lawfully issuing the elder of the said sons and the heirs male of his body lawfully issuing being always preferred to take before the younger of the said sons and the heir male of their bodies

    And in default of such issue to the use of all and every the daughters of my said brother Joshua BROOKS and their heirs if more than one equally between them as Tenants in Common

    And in default of such issue I give and devise the same Messuage Burgage or Tenement and premises unto my brother Thomas BROOKS for the term for the term of his natural life and from and after his decease I give and devise the same premises to the first son of the body of the said Thomas BROOKS lawfully begotten or to be begotten and the heirs male of the body of such first son lawfully issuing

    And in default of such issue to the second third fourth and every other son and sons of the body of the said Thomas BROOKS lawfully begotten or to be begotten successively and in remainder one after the other as they and every of them shall be in seniority of age and priority of birth and the several heirs males of their several and respective bodies lawfully issuing the elder of the said sons and the heirs male of his body lawfully issuing being always preferred to take before the younger of the said sons and the heir male of their bodies

    And in default of such issue to the use of all and every the daughters of my said brother Thomas BROOKS and their heirs if more than one equally between them as Tenants in Common

    And in default of such issue I give and devise the same Messuage Burgage or Tenement and premises unto my Right Heirs and assigns for ever.

    Provided always as nevertheless and my will is hereby declared that Joan BROOKS my wife (towards the better support and maintenance of herself and said son) shall immediately from and after my decease quietly and peacefully hold and enjoy receive and take the full rents issues and profits of my said lands until said son Caleb shall attain the age of one and twenty years so as my said wife shall there continue a widow and in my name BUT otherwise and on such her intermarriage two parts of the three parts of the Lands shall forthwith properly belong and appertain to my said son Caleb (anything herein before contained to the contrary not withstanding)

Whereas: Richard BROOKS deceased my late father by his Will and Testament in writing duly proved did (among other legacies) give unto Elizabeth BROOKS my late mother since also deceased an income to the said Caleb BROOKS of an Annual Rent of Twenty Shillings issuing out of a certain Meeting House situate in the parish of All Saints within the Borough of Dorchester aforesaid in the North side of the said High East Street where divers persons (under the denomination of Baptists) then did and yet do usually convene in exercise of their Religion To which said Rent I now stand lawfully entitled for the remainder of a certain term of one thousand years now I do hereby give grant and assign over unto my said son Caleb BROOKS the said yearly Rent of twenty shillings and all my right title and claim thereto To Hold to my said son Caleb his executors administrators and assigns (immediately from and after my decease) for and during all the rest residue and remainder of the said term of one thousand years thereto next ensuing and unexpired

All other: my goods chattels and personal estate whatsoever I give and bequeath unto my said wife and my said son Caleb and make them joint executors and residuary legatees of this my said last Will and Testament hereby revoking all former Wills and Testaments by me made

And: Lastly I do constitute and appoint my good friend George ILLINGTON of Sidling St Nicholas in the County aforesaid Yeoman Trustee of this my said Will during my said sons minority And do entreat him to undertake the same and do direct that out out of my personal estate from time to time he shall be reimbursed what he shall or may reasonably disburse in and about the die execution of this trust in Testimony whereof I have hereunto set my hand and seal the sixth day of October in the year of our Lord One Thousand Seven Hundred and Thirty

Signed: : Caleb BROOKS

Signed sealed and declared to be the last
will and Testament of the above named Caleb BROOKS
the elder in presence of us who subscribed our names
Witnesses hereto in the Testators presence after Will
was interlined (and Garden) struck out

John DONING

Morgan HARBEN

Morgan HARBEN junior

 

Proved 28th day January 1730 by the oath of Joan BROOKS - Surrogate Richard Jackson


Genealogical Notes:-

Caleb BROOKS the Elder (d.1730) was one of six surviving brothers of Richard and Elizabeth BROOKS, his only sister being Mary CHANNING (nee BROOKES) who was burnt at the stake in 1705/6 for poisoning her husband. Follow link for more information about his family. I have not so far been able to locate his marriage to Joan (bur.1774) which traditionally would have been in the brides parish circa 1720.

He was named as joint Executor/Executrix with his mother of his fathers will in 1708 and due to inherit their house, a substantial property in St Peters Parish, after his mothers death. He also received an equal share with his mother of the remainder of his father's estate after payment of legacies etc. Joan also had to pay Caleb £10 a year out of lands and tenements his father left her in 'Martock' Somerset which would go to his brother Richard after Joan's death.

His mother Elizabeth BROOKS died in 1720 when Caleb took over both the uncompleted administration of his father's estate and that of his mother. This is when he formally came into possession of the family home he later refers to as 'White Horse Inn'. Under the terms of his father's Will his brother Richard after inheritance of the lands at 'Martock' had to continue to pay his legacy of £10pa. On 19th Dec 1729 there is a surviving Apprentice record in the Municipal Records of Dorchester which shows that Caleb BROOKS Master Collar maker took on as apprentice - Lawrence the son of a yeoman Lawrence CRIMBLE.

Caleb BROOKS the Elder was buried at St Peters Church in Dorchester on 16th Nov 1730. His widow Joan remarried at All Saints Church in Dorchester on 1st June 1731 to Mr Nathaniel GOULD. Nathaniel Gould was buried at St Peters on 18th June 1734 leaving £200 to his son-in-law Caleb Brooks Junior and the rest of his lands, tenements etc to Joan GOULD who was sole executrix of his will which she proved 2nd Sep 1735. Joan was later buried at St Peters Church in Dorchester on 19th Dec 1774. She died Intestate so a Letter of Administration for her estate was granted on 30th Jan 1775 to her daughter-in-law Mary, who had remarried to James HUNT after her sons death, and under the terms of Caleb's earlier Will could not inherit. Mary was then made Curatrix (or guardian) by the court of Joan's three grandchildren Richard Brooks aged 12; Elizabeth Brooks aged 14; and Ann Brooks aged 13. Caleb and Joan had three children that I know of:-

    (1) Caleb BROOKS Junior (1722 - 1763) who was baptised at St Peters Church in Dorchester on 26th Sep 1722. His father died in 1730 when he was still under age so the rents and profits of his fathers estate (he being sole survivor of their children) were held under the terms of his fathers Will in trust by his mother for his and her maintenance until she remarried, which she did in July 1731. He then technically received two thirds of the rents and profits, but there is little doubt that aged 9 Joan and his step father would have effectively run the business. His step father died in 1734 when he was 12 leaving a further £200 from his own estate secured for Caleb's future, so Joan would have been in chage until 1743 when he reached the age of 21.

    1737 - The Burgage Rate for the Parish of St Peters in Dorchester [MRD Page 692] refers to having charged a rate of 6 pence on Caleb Brook's House ('White Horse Inn'). In the same assessment his brother Joshua was charged 9 pence for his house called The Red Lyon.

    1749/50 - The names of Freeholders of the Borough of Dorchester - [MRD Page 696] Among this listing of names is "The Heirs of Caleb BROOKS" and written in a different hand 'Caleb BROOKS ' presumably referring to Caleb Brooks junior as the current holder.

    1757 - On the 4th March 1757 at nine oclock at night "a sudden and most dreadful fire which broke out in the Stables of the 'Kings Arms Inn' in Dorchester which by the violence thereof in a short space of time burnt down and consumed the adjoining warehouses brewhouse's and other buildings of them the said Caleb BROOKS and Ann BAILY with great quantities of valuable grocery goods stock in trade household goods brewing utensils and other things of value and also greatly damaged the dwelling houses of them the said Caleb BROOKS and Ann BAYLY to the great impoverishment of themselves and their families".

    1755c - He married a Mary Unknown (Note:- could not trace marriage circa 1755) and their 5 children born 1757-1763 are listed below

      (1.1) Betty Brooks (1757-1757) bap 24 May 1757 and buried there 17th November 1757

      (1.2) Ann Brooks (1759-1760) bap 03 Jan 1759 and buried there 5th Oct 1760

      (1.3) Elizabeth Brooks (bap.1760) bap 02 July 1760; She married Henry Stevenson a watchmaker by licence 13th Oct 1779. See earlier LA's issued initially to her mother Mary HUNT 30th Jan 1775 and then William VINCENT and John GARLAND 18th June 1779 during Elizabeth Brooks minority: This LA grants her administration of her own part of Joan GOULD's estate bound with her is her husband Henry STEVENSON of Dorchester a watchmaker, James LILL of Dorchester Breeches Maker and Joseph PEARCE of Dorchester peruke maker. Henry and Elizabeth had 5 children (1787-1794) all baptised at the Presbyterian Chapel in Pease Lane.

      (1.4) Ann Brooks (bap.1762) bap 23 Jan 1762

      (1.5) Richard Brooks (1763-1832) bap 06 Mar 1763. He married Mary Tite (1750-1818)at Holy Trinity Church in Dorchester on 29 Apr 1787, when Henry Stevenson his brother-in-law was a witness. Mary was buried at St Peters Church on 26 Jun 1818 aged 68 years. Richard BROOKS was buried at St Peters on 19 Feb 1832; age 68 years.

    1758 - Caleb Brooks (Junior) a grocer by trade is recorded as being one of 74 individuals eligible to serve in the Militia from St Peters Parish in 1758.

    1763 - 11 May 1763, Caleb BROOKS (Junior) was buried at St Peters Church in Dorchester.

    1763 -15 Aug 1763, His widow Mary BROOKS was granted administration of his estate being bound with her mother-in-law Joan GOULD and Innholder William VINCENT in the sum of £100. After the death of her husband Mary Brooks remarried to James HUNT at St Peters Church in Dorchester on 3rd Dec 1769. When her mother-in-law Joan died in 1774 a Letter of Administration named Mary HUNT as Curatrix of Richard Brooks aged 12 years; Elizabeth Brooks aged 14; Ann Brooks aged 13 as the main beneficiaries under Joan's will.

    (2) Anne BROOKS (1724/5 - 1726) was baptised at St Peters Church in Dorchester on 25th Feb 1724/5. Ann is not mentioned in Caleb's Will as she died an infant and was buried at St Peters on 21st August 1726

    (3) Elizabeth BROOKS (bur.1729/30). I have not located a baptism but she was buried at St Peters Church on 7th Feb 1729/30.

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