Page 400 Dated: August 12, 1845
Proven: Dec. Term. 1856
I William Phipps of the County of Hawkins and State of Tennessee, being of sound mind but feeling the uncertainty of this mortal life, also the necessity of preparing for death by making a necessary arrangement of my temporal affairs, do make and declare the following last Will and Testament, hereby revoking and annulling all others, to wit:
Item First. I will and bequeath unto my four grandsons, sons of my son Edward E. Phipps, dec ‘d, namely WM Tivis Phipps, Joshua Lafayette Phipps, James Pulasky Phipps, and Edward E. Phipps all the land lying on the south side of Holston River owned by me and now in the possession of my daughter Jane Phipps, widow of Edward E. Phipps, dec’d...to be equally divided between my four grandsons above named, share and share alike, to them and their heirs forever, but to be under the control of the widow during her natural life, but should any of the said heirs die before they arrive to lawful age without lawful issue then his or their share or shares in said land to descend to the surviving brothers.
Item 2nd. I give and bequeath to my daughter Elizabeth G. Coldwell, wife of John Coldwell one negro woman named Rachael and her increase, also stock, household and kitchen furniture and all of which she has heretofore received.
Item 3rd. To my daughter Mary Whittenberg, I will and bequeath my negro boy Jim, in addition to what she has heretofore received.
Item 4th. To my daughter Margaret Gillenwaters, wife of Joel Gillenwaters, I will and bequeath two negro children named Clinton and Alice, also stock and household furniture all of which she has before received of me.
Item 5th. I will and bequeath unto my daughter Sarah, wife of John Miller one negro woman called Cinda and also one negro girl, yellow complectad, named Roda, stock, household and kitchen furniture, all of which she has heretofore received of me.
Item 6th. And my daughter Willie Ann, deceased wife to Gaven Leeper in her lifetime received of me one negro woman named Alice, also stock, household and kitchen furniture considered by me a full share with my other daughters above mentioned.
Item 7th. I will and bequeath to my daughter Betty A. wife of John Shields my negro woman Emaline and two of her children Citty and George and all her increase from this date if there should be any, and the two young negroes that she now has in her possession, Ambrose & Adeline, to her and the heirs of her body forever.
Item 8. I will and bequeath to my grandson Edward Erwin Shields, son of John and Hetta A. Shields my negro .boy Cain (child of Emaline) to be held in trust by his father and his uncle Wesley A. Phipps until he, my grandson, shall have become 21 years of age. It is my will that the negro boy Cain be hired out to the highest bidder when he shall (reach) 14 years of age, year-after-year until my grandson becomes of age, and the proceeds of the hire of said boy to be applied to the use of schooling my grandson, and if said grandson should die before he comes of age, or without lawful issue, then said negro boy to (go) to my daughter Betty A. Shields, to her and the heirs of her body forever. Also, I will to my grandson Edward E. Shields a good feather bed and furniture for the same.
Item 9. To my son Joshua Phipps I will and bequeath in addition to what he has already received of me a negro boy named Sam.
Item 10. To my son William P. Phipps, I will and bequeath in addition to what he has already received of me a tract or parcel of land containing 50 acres be the same more or less, of the lower end of my home place. Beginning at a post oak and black oak conditional corner of my tract and the Herrald tract now owned by Wm Lyons or son, running south sixty, west with a new marked line to the back line of the old Erwin grant, thus south twenty five, east along the old line to the corner ash and beech near a small spring at the foot of a large hill, being the corner between the Marsletter tract and the tract on which I now live. Then north sixty six east along the old marked line to a black oak and sweet gum, then due north along the old line to the beginning, to him and his heirs forever.
Item 11. To my son Thomas M. Phipps, I will nothing more, he having already received his full share in cash, negro &c.
Item 12. To my son James L. Phipps I will and bequeath a tract or parcel of land purchased of Margaret Surgoine containing 140 acres more or less, bounded as follows: Beginning on the bank of Holston River in a small island on an ash tree for corner a mulberry Lyons & box elder pointers then along a marked line between William Armstrong and myself south sixty nine and a half, west to white oak on the old Patton line, sourwood, gum and hickory pointers, then with the old Patton line south twenty five, east fifty poles to a white oak corner black oak pointer, then along a marked line formerly the line between Margaret Surgoine and myself to the bank of Holston River to the corner elm, then up the meanders of the river to the beginning, to him and his heirs forever. Also three negroes, to wit: Mima, Charles & Bob, also one bed & furniture with a full share of stock and farming utensils &c, all of which he has received.
Item 13. I will and bequeath to my son Wesley A. Phipps the plantation that I now live on bounded as follows, to wit: Beginning at the corner elm on the river bank, then with the marked tree formerly between Margaret Surgoine and myself to a white oak corner and black oak pointer on the old Patten Line, then along the said Patten line south forty five degrees east to where Wm. P. Phipps' line intersects with the old Patton line, then along the said Wm. P. Phipps’ line to the post oak and black oak corner, then along the said conditional line between Lyons and myself to the river on a black oak and hickory corner, then up the meanders of the river to the beginning, containing 400 acres more or less, to him and his heirs forever; also three negroes named Caty, Powel (and deceased girl), Julia; also one bed and furniture, stock of all kinds, farming utensils, &c, and at my death, I will that he have all my personal property not otherwise disposed of. It is also my will that my son Wesley A. Phipps legacy be charged with all my lawful debts which may be due from me at my decease & that he pay the same. Also give me a decent and respectable support as long as I live with the use of my old dwelling house or otherwise as I may choose.
Item 14. I will and bequeath to my grand daughter Sarah Jane, daughter of Wesley A. & Eliza Jane Phipps my negro child Mary, child of Emaline, to her and her heirs forever, it being full compensation to her father Wesley A. Phipps for taking care of and raising Emaline's family of children. Also one Bureau, feather bed & furniture for the same. It is also my will that William Armstrong, my son Joshua Phipps and my son James L. Phipps be my Executors to this my last Will and Testament.
In testimony whereof I have hereunto set my hand and seal This 12th day of August, 1845.
Wm. Phipps (seal)
Witness: Wm. Armstrong, Alfred Armstrong, Mary Armstrong
Codicil to this my last Will and Testament
I William Phipps having heretofore made my last Will &Testament, do make and declare this codicil thereto to wit: It is my will that my negro woman Emaline that was willed to my daughter Betty Shields, I will and bequeath her to my son Wesley A. Phipps, and also my negro man named Sam that I had willed to my son Joshua Phipps, I will and bequeath to my son Wesley A. Phipps, he to pay to my son Joshua Phipps whatever sum the said boy Sam may be worth at my death. If they should fail to agree on the price of said negro Sam, to be valued by my Executors.
Lastly, it is my desire that this codicil be attached to and constitute
part of my will to all intents and purposes. This 8th day of September, 1851.
Signed, sealed in presence Wm. Phipps (seal)
of: Wm. Armstrong, B. C. Armstrong
Page 403 Dated: Dec. 3, 1849
Proven: Sept. Term 1853
State of Tennessee, Hawkins County, December 2, 1849:
Know ye that I Thomas Poindexter being in very usual state of health and of sound mind and memory but calling to mind the mortality of my body, and it is appointed for all to die, do make, ordain and constitute the following to be my last Will & Testament.
First and principally, I give and recommend my soul of that gracious God who gave it me, and my body to a decent burial.
2. I give unto my beloved son James Poindexter all my part of the land which my father lived on which the said James Poindexter now lives on, to have and to hold, him and his heirs forever, to make him equal to my daughter Martha.
3. To make my son George and daughter Emaline equal with them, I give and bequeath unto them my dry field tract of land to have and to hold forever in law or equity.
4. I give to my son William L. Poindexter $500.00 to be raised out of the balance of my property. Also my wife is to have all the rest of my lands, the red house lot and the home house and all the balance of my lands during her natural life or widowhood. Also is to kep with her all the blacks which I shall have in possession, and after making those children that has not had beds and furniture and one horse beast to make than equal with the others, after this is done she is to have all the rest of the household and kitchen furniture and all the horses and cattle and hogs, but I recommend that she makes sales and sells all her surplus property and live on the money. She is to keep my youngest son with her until he (Robert) becomes of age and then to make him equal with the rest, and at her death everything is to be equally divided between William Poindexter, George W. and James Poindexter and Emaline Poindexter and Robert F. Poindexter, and if I hereafter make anything it is to be equal to them all, and if the money I have on hand is not disposed of, it is to be equally divided between the above written names.
This I subscribe to be my last Will & Testament. Given under my hand and seal This 3rd day of December, 1849.
Thomas Poindexter (seal)
Witness: John L. Gonnose & Edmond Lovin
Page 404 Dated: July 3, 1861
Proven: Aug. Term, 1861
I Joshua Phipps of the County of Hawkins in the State of Tennessee, being in feeble health but of sound and perfect mind and memory do make, publish and declare this to be my last Will & Testament hereby revoking all former wills by me at any time made, and as regards my Estate real and personal, I desire to dispose of the same a& follows: -
First. I will and desire that all my indebtedness and my funeral expense be paid as soon as practicable after my decease.
Secondly. I will and devise to my son Frank L. Phipps the farm called and known by the title of the Hugh Leeper farm which properly speaking would belong to the said Frank L. Phipps and his sister Abenaida Netherland at my death, but for the said Abenaida’s share I promise hereinafter to fully compensate her with other property so as to give the entire farm to my son Frank L. Phipps. I also will and devise to my son Frank L. Phipps my farm known by the title of the James Leeper farm, also the William Lyons farm, also the Samuel Henderson farm that I purchased of said Henderson. I also will and devise to my son Frank L. Phipps the following named slaves which he now has in his possession, including the increase If any born since (to wit) one negro man named Jim, one negro boy named Henry, one negro woman named Lucy and her infant child named Saul or Sal, one negro girl named Laura, one negro man named Frank, one negro girl named Mary, daughter of Lucy, one negro boy named Dick, one negro girl named Maria, also a negro boy named Tom which the said Frank L. Phipps has never had in his possession. I also will and devise to my son Frank L. all the stock of every description, household furniture, monies advanced or loaned, and other charges entered against him on my Memorandum Book marked "A", and release him from the charges of the same. I also will and devise to my said son Frank L. Phipps the one fourth part of all my cash on hard, notes, bonds and judgements remaining after discharging any indebtedness, the said Frank L’s proportion of the cash on hand to be paid out of the proceeds of the notes &c when collected by my Executors. I also will and devise to my son Frank L. the one half of a certain lot of horses to be hereinafter mentioned. Also one large ox wagon which is to be repaired and paid for off my farm. Also, a full set of black smith tools now in Fawbush's shop that belongs to that shop, also my buggy and harness belonging to it.
Thirdly. I will and devise to my daughter Abenaida Netherland comnonly called Ida Netherland and her husband Robert G. Netherland a certain tract or parcel of land lying on the north side of Holston River in Hawkins County adjoining the Reed farm and others. Beginning at the upper corner of Reed farm on the river, thence up the river with its meanders to the mouth of the branch or ditch at the lower end of the Payne field. Thence a straight line in a northwest direction to a corner that is to be marked twenty rods due east of what is known as the five pines corner as I believe a corner of the Ripley place on the Ross line. Thence a parallel line with the Ross line to the top of the ridge opposite a large field on the Ripley place in the lower end of which the Widow Grady lives. Thence a straight line to the back corner of the field now worked by Hanks. Thence with the dividing fence between Robert G. Netherland and myself to the stage road, changing the course of the fence so as to rim it out at the corner tree at the mouth of the lane. Thence running with the middle of the county road known as the Kincaid Road to the top of the ridge near the corner of R. G. Netherland’s woodland fence, at the point where the road to the campground leaves the Kincaid Road, thence a straight line, a west course to the Bradley Bellamy corner on the top of Pine Mountain. Thence with the meanders of the mountain to Snow and Bellamy corner. Thence southward with the Snow and Bellamy lines so as to include the Bellamy place around with my lines to the Hamilton corner, on the dividing line between the Hamilton lands and McMinn’s lands. Thence with said dividing line, south course to the end of said dividing line south of the stage road to the corner known as the corner between Bradley & Hamilton, so as to include pretty much all the Hamilton lands. Thence across the Ripley place a south course, a straight line to a corner to be made, two rods west of the spring where the Widow Grady lives. Thence a straight line to the Reed corners and Ripley corners at the corner of the woodland fence on the Reed place. Thence with the line of the Reed place to the beginning corner on the river. I also will and devise to my daughter Ida Netherland and her husband R. G. Netherland my back tract of land known as the mill tract, including the mill, including 100 or 110 acres. Also my interest in the Island Factory property, but not in the proceeds of that business heretofore, only the site, building and machinery is included in this bequest to them. Also, I will and devise to the said Ida and her husband my houses and lots situated in Kingsport, Sullivan County, Tennessee, all of which property I devise to them to dispose of as they may think proper.
I also will and devise to the said Ida Netherland and her husband the following named negroes which they have now in their possession, and their increase if any (to wit) One negro woman named Julia Ann: one negro boy Jack, one negro girl named Lucy; one negro girl named Amanda; one negro girl named Minta: one negro man named Anthony (sold by R. G. Netherland to Buchanan), one negro man named Ransom; one negro girl named Ann, said negroes are all in their possession except Anthony heretofore sold to Buchanan. Also, one negro boy named Amos and one negro boy named Walter which they have not yet had possession of.
Also all the stock of every description—household and kitchen furniture, monies advanced or loaned including all the charges entered against them on my Memorandum Books marked "A", before referred to, and release them from the charges of the same.
I also will and devise to the said Ida Netherland and her husband Robert G. Netherland a two horse wagon to be finished in Wyrick’s Shop and to be paid for off my cash on hand, notes, bonds and judgements remaining after the payment of my indebtedness. Their proportion of the cash on hand to be paid out of the proceeds of the notes when collected by my Executors.
After making the foregoing bequests of the island factory property and one fourth of my cash on hand, notes, bonds and judgments to the said Ida and Robert G. Netherland I design the same as full compensation for her interest in the Hugh Leeper place before mentioned, and it is my will and desire that the said Ida and her husband Robert G. Netherland, as soon after my decease as practicable, execute a deed in fee simple to the said Frank L. Phipps for their interest in the Hugh Leeper farm, but in the event that they are unwilling and refuse to execute such deed...then it is my will and desire that... Frank L. Phipps shall have my interest in the island factory property, and also the one—fourth part of the amount of my cash on hand—notes, bonds and judgments hereinbefore devised to the Ida and Robert G. Netherland, the one half of a certain lot of horses hereinafter mentioned, also my shotgun and the fixtures belonging thereto.
There is an unsettled transaction between The Honorable Seth J. W. Lucky and myself in which he proposes to convey to me the one half of his interest in the copper mines in Carroll County, Virginia to discharge an obligation I hold on him, and should such conveyances hereafter be made, I will and devise said copper interests—the one half to Frank L. Phipps and the other half to Ida Netherland and R. G. Netherland.
fourthly. I will and devise to my daughter Nancy B. Bynum, wife of John G. Bynum, the following property now in her possession, to wit: one fine piano, $2,500.00 in money heretofore advanced for her benefit in relation to changing the administration of the Estate of Orville Bradley, dec’d. Also about 350 acres or what may remain of the Ripley place after taking off a small portion thereon hereinbefore devised to Ida Netherland and Robert G. Netherland. Also, I will and devise to her a small portion of the Ross place lying west of the lands devised to Ida and R. G. Netherland. I also will and devise to the said Nancy B. Bynum the following named negroes which are now in her possession, and their increase if any, to wit: One negro girl named Queen: one negro boy named Ike; one negro boy named Dave: one negro girl named Rosetta; one yellow man named Madison; one black woman named Peachy which property I devise to the said Nancy B. Bynum for her own separate use and control.
I also will to Nancy B. Bynum all the horses and stock of every description including all the charges made against her on my Memorandum Book marked "A" before referred to and release her from the charges of the same. Also,I will and devise to her a fine gold watch, known as her mother’s watch.
I also will and devise to my said daughter Nancy B. Bynum and her husband John G. Bynum, all the copper interest I now own in Carroll County, Virginia with full liberty to dispose of same.
Fifthly. I will and devise to my son William Joshua McKinney Phipps, commonly called "Mack Phipps" the remainder of the tract of land on which I now live—lying in Hawkins County, south of the stage road, running from the present ferry landing, after taking off that portion of the same heretofore devised to Ida and Robert G. Netherland. Also, that portion of my lands known as the Camp Ground lands, and also that portion of my Hamilton lands remaining after taking off such portions of said lands as have herein-before been devised to Ida and Robert G. Netherland.
I also will and devise to the said Mack Phipps the one-half of my present crop on my lands, including all that may be received from my tenants. Also, the one—half of all the old grain and bacon that may be on the place at my decease. Also, all my farming utensils not herein otherwise disposed of including the thrashing machine, wheat fans &c. Also, a large four horse wagon and one two horse wagon and one horse wagon including everything now in use in the cultivation of the farm. Also, the one—half of all the iron that may be left after finishing the wagons herein before devised to Frank L. Phipps and Robert G. Netherland; also the one half of my entire stock of cattle, sheep and hogs. Also, five farm mules...my large gray mare and colt...two gray fillies known as the Miller fillies...one young, brown horse that has been worked, and my four oxen; also my iron safe,. my rifle gun and fixtures...also my Colts pistol; also the one half of the hay and roughness on my farms. Also, the one half of the furniture—household and kitchen--not hereinafter otherwise disposed of.
I also devise to my son Mack Phipps the following named negroes, to wit:
One negro man named Andy; one negro man named Lewis; one negro man named Jack; one negro man named Rufus and his wife Viney and child. Also one negro woman named Maria and her three children, to wit: Sal, Rufus and Mary. I also will and devise to my said son Mack Phipps the one fourth of the amount of cash on hand—notes, bonds and judgements that may remain after discharging my indebtedness as herein before provided for, bit the fourth to be paid so far as possible out of the cash that may be on hand.
Sixthly. I will and devise to my wife Ann P. Phipps during her natural life all the lands purchased by me of the bank formerly owned by Rev’d T. A. Ross, lying north of the stage road running from the present ferry landing, including the Rotherwood Mansion, but excepting the factory property now owned by William Powel. And at the death of my wife, the same to descend to our son Mack Phipps, if he should survive her, but if...Mack Phipps should die before his mother, then...said tract of land shall descend to the lawful heirs of Frank L. Phipps and those of Robert G. and Ida Netherland, equally, i.e. each heir to take an equal share of the same.
It is also my will and desire that my wife Ann P. Phipps shall have the following slaves or negroes to be by her disposed of as she may see proper, to wit: one negro woman named Nancy and her child; one negro woman named Matilda and one negro boy named Harry, and Maria. Also one fourth of the amount of any cash on hand—notes, bonds and judgements remaining after discharging my indebtedness as herein before provided for. Also my carriage & harness, a two—horse wagon and harness, also my sorrel mare and mule colt, my gray filly known as the Netherland filly and my gray horse known as the "pacing gray", also the one-half of my entire stock of cattle not otherwise disposed of, also the one—half of all my sheep...entire stock of hogs, also the one half of all my present crop of every description, together with the one—half of the old grain and bacon on hand, also her sewing machine, also the one half of my household and kitchen furniture—all to be hers and to be disposed of as she may see proper.
It is also my will and desire that my wife shall have the use of the one half of the house we now line in, and the one half of all the furniture therein while she lives or remains single, provided the occupation of the one half of the house by her should be agreeable to our son Mack.
It is further my will and desire that my wife and our son Mack shall carry on their respective farms jointly, and the net proceeds thereof to be divided equally between them, after the payment of school accounts, store accounts, taxes, physicians’ bills &c and settlements thereof to be made annually with my Executors at her own house or place of residence.
In case of the death of our son Mack Phipps before his mother without lawful issue, then it is my will and desire that my wife should make her home in the Rotherwood house herein before devised to her, and that the farm lying south of the stage road and hereinbefore devised to Mack Phipps, together with the negroes and monies devised to him that may remain undisposed of shall descend to the lawful children and issue of Frank L. Phipps, and of Robert G. and Ida Netherland—to be equally divided between them share and share alike.
And no matter at what time Mack Phipps should die, if without lawful issue, then it is my desire that the farm lying south of the stage road and other lands, property and monies devised to Mack, or so much thereof as remains undisposed of, shall descend to the lawful children and issue of Frank L. Phipps and Robert G. and Ida Netherland. But it is not designed by this will to confer the power upon Mack to dispose of either the lands or negroes devised to him provided he should die without leaving issue.
It is further my will and desire that the remainder of my stock of horses, after satisfying the legacies of such stock hereinbefore given to my wife and son Mack shall be equally divided between Robert G. and Ida Netherland and Frank L. Phipps who shall make the division among themselves, excepting my mare called Lalla Rookh and the black horse known as Poney's Colt which are not to be embraced in said division. The black horse, Poney’s Colt I will and devise to my nephew Nate Phipps and the mare Lalla Rookh I at present make no disposition of.
It is further my will and desire that my wife Ann P. Phipps shall have the control and management of our son Mack’s estate until he shall become of age, or until she shall marry, and that she be not required to give bond unless it should hereafter become manifest that his estate .was likely to be lost or diminished for want of proper management, -and upon the happening of such contingency, it is my will that she enter into bond and security as the law requires, or that she surrender the custody of the same to a properly appointed Guardian. But before my wife shall receive from my Executors the Estate of our son Mack, a perfect inventory of everything she may so receive should be made out and filed with the papers of my Estate by my Executors, and she shall be required to make settlement annually with my Executors of the Estate of our son Mack Phipps at her own house.
It is further my will and direction that my Executors in making collections of the judgments now due me that they at least collect in gold or silver so much of said judgments as may be necessary to pay off and discharge the legacies herein before devised in money to my son Mack and my wife.
And lastly, I do hereby nominate and appoint Joseph B. Heiskell, esq., Frank L. Phipps, my son, and Robert G. Netherland, Executors of this my last Will and Testament and direct that the said Heiskell shall be liberally compensated for the services he may render connected with the execution of my will.
In testimony whereof I have hereunto subscribed my name and affixed my seal on this 3 day of July, 1861.
Signed, sealed and acknowledged in our presence1 and in the presence of the
Testator the 3rd day of July, 1861.
James A. Neil, Wm. Powell, J. Netherland
CODICIL TO WILL OF JOSHUA PHIPPS
For the purpose of avoiding any difficulty in the construction of my
foregoing will and of making some further provision in relation to my
property, I do further make and publish this codicil to my foregoing will.
1st. In specifying the property given to ROBERT G. NETHERLAND and IDA
NETHERLAND his wife, in lieu of the LEEPER place, I desire to include the mill
place in addition to the other property mentioned....and in case they fail and
refuse to make the conveyance therein before provided, that said mill with the
other property devised over in that event shall go to FRANK L. PHIPPS.
2nd. In the several devises to the children of FRANK L. PHIPPS and ROBERT
G. & IDA NETHERLAND, in the event that my son MACK dies without issue, it is
intended that each child of FRANK L. PHIPPS shall take equally with each child
of ROBERT G. & IDA NETHERLAND per capita, and that all the children by
IDA----whether by ROBERT G. NETHERLAND or any future husband, shall be
included and take equally with the children of FRANK L. PHIPPS and in the
event any of the said children now living or to be hereafter born, shall die
before the said MACK leaving issue, then such issue shall take the share such
deceased child would have taken o the death of said MACK without issue in the
life time of such child.
3rd. As it may become necessary for MACK PHIPPS to dispose of his negroes
from time to time for misconduct, power is hereby conferred on him to sell or
exchange such negroes as may become refractory, and in the event other causes
exist for a sale of any of said negroes, such sale may be made by said MACK
with the concurrance... of my Executors, or a majority of them, or of the
survivor of them, and in that event they shall require the fund arising
therefrom to be invested to be held according to the provisions of my will.
4th. In the devise of my lands to the said ROBERT G. NETHERLAND and wife
IDA, it is not my intention to make the Estate of ROBERT G. NETHERLAND in the
event he survives IDA, a fee simple Estate, but he shall hold the same for
his natural life only, and upon his decease the same shall descend to the
children of IDA, or her heirs at law.
5th. It is not my intention that the Guardian of my son MACK shall dispose
of the stock bequeathed to him so much as may be necessary as his proportion
to stock the farm, and the increase or such stock as it may from time to time
be advisable to sell shall be by the Guardian disposed of in her discretion,
at private or public sale. The stock of MACK and my wife ANN P. PHIPPS may be
kept in common or divided as shall be considered best by my Executors.
6th. In drawing the bequest to my wife of cattle, a different mode of
expression is adopted from that and as to other stock said bequest is intended
to give to her one half of my whole stock of cattle, and other half being
7th. I enjoin upon the Guardian of my son MACK to take good car of my old
servant ANDY, that he be not overworked or exposed, but be employed in the
oversight and feeding of stock, attending to the fields &c, lighter duties
suited to his age and faithful character.
8th. It is my desire that my Executors named in my will shall not be
required to give security for the performance of their duties, unless some
event subsequent to my decease shall in the opinion of the Court make the same
necessary and proper.
10th (there is no 9th). It is my desire that my son MACK be liberally
educated and so much of his property as may be necessary to carry out this
object to the fullest extent practicable shall be appropriated by his Guardian to that purpose.
11th. ROBERT G. NETHERLAND and wife IDA shall have power during their joint
lives to dispose of the lands devised to them be deed executed by them jointly
and proved and acknowledged according to the law for disposing of the Estates
of married women.
12th. I give and bequeath to ROBERT G. NETHERLAND and F. L. PHIPPS my
interest in the apparatus purchased for the RATHERWOOD Seminary.
13th. I give to ROBERT G. NETHERLAND my gold-headed cane.
In testimony whereof I have set my hand and seal This 4th of July, 1861
JOSHUA PHIPPS (seal)
Signed and sealed in the presence of us, we attest in the same in presence of
the Testator and of each other by his request.
ELDRIDGE HORD, J. NETHERLAND.
Page 413 Dated: September 28, 1789
In the Name of God, Amen
I, JONATHAN ROBERTS of Hawkins County on Holston River and State of North
Carolina, am very sick and weak in body, but of perfect mind and memory,
thanks be given unto God. Calling to mind the mortallity of my body and
knowing that it is appointed for all men once to die, do make and ordain this
my last Will & Testament, that is to say: principally and first of all, I
give and recommend my soul unto the hands of Almighty God that gave it and my
body I commend to the Earth to be buried at the discretion of my Executors,
nothing doubting but at the General Resurrection I shall receive the same
again by the mighty power of God, and as to touching such worldly estate
wherewith it has pleased God to bless me in this life, I give and devise and
dispose in the following manner and form.
I give and bequeath to PHEBEY my dearly beloved wife 100 acres of land
whereon I now dwell, together with my movable estate by her freely to be
possessed and enjoyed, and I do hereby utterly disallow, revoke and disannul
all and every other Testament, will, legacies, bequeaths & Executors by me
before in anywise made.
In witness whereof I have set my hand and seal This 28th day of Sept. in the
year of our Lord one thousand seven hundred and eighty nine.
JONATHAN x ROBERTS (seal)
Signed sealed and delivered,
JOHN x ROBERTS, WM. x MOONEY, MOSES x DODSON
(his mark) (his mark) ( his mark)
(No Certificate Attached)
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