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Will of Caleb BROOKES

Collar maker of Dorchester

Dated 6th October 1730, Proved 28th Oct 1730
©Transcribed by Michael Russell OPC Dorchester - July 2012

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:-

(1). Caleb was one of six 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. I have not so far been able to locate his marriage to Joan.

(2). Caleb the son of Caleb and Joan BROOKS was baptised at St Peters Church in Dorchester on 26th Sep 1722, followed by a sister Ann baptised there on 25 Feb 1724/5. Ann is not mentioned in Caleb's will of 1730 so she must be the Anne BROOKS buried at St Peters 21st Aug 1726. Another sister Elizabeth was buried 7th Feb 1729/30 although I have not been able to locate a baptism.

(3). Caleb BROOKS Junior married a Mary (could not trace marriage) and had 5 children at St Peters (1) Betty bap 24 May 1757 and buried there 17th November 1757 (2) Ann bap 03 Jan 1759 and buried there 5th Oct 1760 (3) Elizabeth bap 02 July 1760 (4) Ann bap 23 Jan 1762 (5) Richard 06 Mar 1763. He is recorded being one of 74 individuals eligible to serve in the Militia from St Peters Parish in 1758, but died and was buried at St Peters on 11 May 1763, his widow Mary being granted administration of his estate on 15th August 1763.

(4). Caleb BROOKS the elder was buried at St Peters on 16th Nov 1730. His widow Joan remarried at All Saints on 1st June 1731 to Mr Nathaniel GOULD.

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