Thomas Moore’s Genealogy Site - Person Sheet
Thomas Moore’s Genealogy Site - Person Sheet
NameLeonard Brooks 
Death1772
Documentation
In an undated plea from 1804, orator and oratrix John Dunn and Elizabeth his wife complained that Rice Cauthorn departed this life about 1790 testate. That the said Rice left a widow who is now dead, and three children, namely John, Elizabeth and Fanny, the widow at the time of the death of the said Rice being with child & within nine months after the time of Rice’s death, another daughter was born who is named Delphia. That the said John Dunn intermarried with the said Elizabeth. That in his will, Rice bequeathed all his personal estate to be equally divided between his three children, viz. Elizabeth, Fanny and Milly. That the said Milly died before the said Rice, and that her proportion conveyed to Elizabeth and Fanny, and that the personal estate has been divided satisfactorily except for one negro boy Harry, the said John Cauthorn having lately sold him to a certain Wm Blake for £120. That Blake may be made a defendant. Having given bond to John Cauthorn, Blake refuses to pay your orator and oratrix.
The answer of John Cauthorn dated 15 October 1804. That Rice Cauthorn the father of this defendant died in 1790 or 1791 testate, and left a widow Mary and children this defendant, Fanny, and Delphy Cauthorn by his last wife and the plt Elizabeth by a former wife, which Delphy was born several years before the said Rice died altho’ she was not born when the said Rice’s will was made. The estate of Rice was committed into the hands of the sheriff of Essex. Rice’s daughter Milly died before him. That the conclusion of the plts cannot be admitted that the plts Eliza. & Fanny were entitled to that third part of the personal estate or that Delphy was not entitled to any part thereof. It will appear through the will of Samuel Broocke, deceased, that Leonard Broocke was the executor of the said Samuel who devised to Henry Broocke, among others, as part of his estate, which estate of the said Samuel Broocke the said Leonard Broocke took into his possession but died about the [blank] day of [blank] 17[blank] without having paid the said Henry Broocke’s legacy, the said Leonard having died intestate, possessed of land and slaves and personal property leaving a widow named Mary & five chidlren named Samuel, Nancy, Tamzen, Polly & Barbara Broocke and the said Mary, his widow, obtained from this court admin. of his estate & her father John Dunn became her security for the same, that the said John Dunn by his will devised certain property to her and her children, a part of which was the negro Harry. This deft. has been informed that the said Rice paid to Henry Broocke about the sum of £20 and thence pretended that he had a right to the said negro Harry. That Mary, the admix, sold off the said Leonard Broocke’s personal estate to a considerable amt., a part of which she purchased & a part of which the said Rice purchased before their intermarriage, & for all which sales after the intermarriage & at the time said payment was made to Henry Broocke the said Rice & Mary were liable, so that on that acct. they were indebted to Leod. Brooke’s estate more than sufficient to pay said Henry Broocke and in addition thereto they were indebted to said Leonard Broock’s estate for the rent of two thirds of his land (the widow being entitled to only one third thereof). Altho’ Rice died possessed of said negro, he was held in right of his wife who survived him until about the 14th day of April 1803 when she died, soon after which this deft. obtained admn. of his mother Mary Cauthorn’s estate & sold off the said negro in that character & under the will of this deft’s grandfather John Dunn to the said Wm. Blake. That John Dunn & Elizabeth his wife are not entitled to any part thereof, as she was not the child of this deft’s mother.
Deposition of Hannah Allen taken 18 October 1805. Leonard Brooke left five children by his wife Mary, who afterwards married Rice Cauthorn by whom she had three[?] children, the said Rice also had a child by a former wife. The children of Leonard Brooke by his wife Mary were Nancy, Tamsin, Samuel, Mary, & Barbary. Rice Cauthorns Children by the said Mary were Fanny, John, & Delphia. Rice Cauthorn by a former wife one Child named Betsey. Signed Hannah her + mark Allen.
Includes additional depositions, and the will of John Dunn who died in 1790.
[Essex County, Virginia, Chancery Cause John Dunn et ux v William Blake and John Cauthorn, 1811-011, Box 20-E.]
The answer of John Cauthorn dated 15 October 1804. That Rice Cauthorn the father of this defendant died in 1790 or 1791 testate, and left a widow Mary and children this defendant, Fanny, and Delphy Cauthorn by his last wife and the plt Elizabeth by a former wife, which Delphy was born several years before the said Rice died altho’ she was not born when the said Rice’s will was made. The estate of Rice was committed into the hands of the sheriff of Essex. Rice’s daughter Milly died before him. That the conclusion of the plts cannot be admitted that the plts Eliza. & Fanny were entitled to that third part of the personal estate or that Delphy was not entitled to any part thereof. It will appear through the will of Samuel Broocke, deceased, that Leonard Broocke was the executor of the said Samuel who devised to Henry Broocke, among others, as part of his estate, which estate of the said Samuel Broocke the said Leonard Broocke took into his possession but died about the [blank] day of [blank] 17[blank] without having paid the said Henry Broocke’s legacy, the said Leonard having died intestate, possessed of land and slaves and personal property leaving a widow named Mary & five chidlren named Samuel, Nancy, Tamzen, Polly & Barbara Broocke and the said Mary, his widow, obtained from this court admin. of his estate & her father John Dunn became her security for the same, that the said John Dunn by his will devised certain property to her and her children, a part of which was the negro Harry. This deft. has been informed that the said Rice paid to Henry Broocke about the sum of £20 and thence pretended that he had a right to the said negro Harry. That Mary, the admix, sold off the said Leonard Broocke’s personal estate to a considerable amt., a part of which she purchased & a part of which the said Rice purchased before their intermarriage, & for all which sales after the intermarriage & at the time said payment was made to Henry Broocke the said Rice & Mary were liable, so that on that acct. they were indebted to Leod. Brooke’s estate more than sufficient to pay said Henry Broocke and in addition thereto they were indebted to said Leonard Broock’s estate for the rent of two thirds of his land (the widow being entitled to only one third thereof). Altho’ Rice died possessed of said negro, he was held in right of his wife who survived him until about the 14th day of April 1803 when she died, soon after which this deft. obtained admn. of his mother Mary Cauthorn’s estate & sold off the said negro in that character & under the will of this deft’s grandfather John Dunn to the said Wm. Blake. That John Dunn & Elizabeth his wife are not entitled to any part thereof, as she was not the child of this deft’s mother.
Deposition of Hannah Allen taken 18 October 1805. Leonard Brooke left five children by his wife Mary, who afterwards married Rice Cauthorn by whom she had three[?] children, the said Rice also had a child by a former wife. The children of Leonard Brooke by his wife Mary were Nancy, Tamsin, Samuel, Mary, & Barbary. Rice Cauthorns Children by the said Mary were Fanny, John, & Delphia. Rice Cauthorn by a former wife one Child named Betsey. Signed Hannah her + mark Allen.
Includes additional depositions, and the will of John Dunn who died in 1790.
[Essex County, Virginia, Chancery Cause John Dunn et ux v William Blake and John Cauthorn, 1811-011, Box 20-E.]