Lenoir County NcArchives Wills.....Phillips, William Estate 1853 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Martha M. Marble http://www.genrecords.net/emailregistry/vols/00022.html#0005285 January, 2001 SUPREME COURT CASE - WILLIAM PHILLIPS ESTATE Abstracted by Martha Mewborn Marble JOSEPH A. HARTLEY & WIFE MARY, WARRE L. KILPATRICK AND WIFE ELIZABETH, ARGENT PHILLIPS, REBECCA PHILLIPS, and JACOB A. HARTSFIELD AND WIFE MARTHA ANN VS STEPHEN C. PHILLIPS, DRURY H. PHILLIPS AND WILLIAM L. PHILLIPS - all of Lenoir County Supreme Court Case #7546 - NC Archives, Raleigh, NC. There are numerous folders for this case and when I looked at it in 1986, only about twenty five pages were copied. William Phillips, Sen late of the County of Lenoir on the --- day of --- AD 1852 died intestate and the defendants Elizabeth, Argent, Rebecca, Mary, and Martha Ann were his children, next of kin and heirs at law. Administration upon the estate was given to Stephen C. Phillips at the ---- term of the Court of Pleas & Quarter Session of the County of Lenoir AD 1853. It has been more than two years since the letters of Administration were issued and the estate has been fully administrated so far as paying the debts of said intestate and the next of kin are now entitled to an account of said administration. All the negros of estate to be delivered for the purpose of a division among the heirs. The negros are: NOTE - some of these names are not readable - Isaac, Primus, July, Iser, Moses, Frank ??, Jacob, Levi, Lince ??, Peter, boy Walter, Ben Jack, Gabe, Luke, Sally, Cherry, Hannah, boy George, Pamer ?? and child Jonah, boy Dempsey, Rosettta & her child, Garvia ??, Flora and her three children, Raina ?? and three children, Patience and one child, Burney, Nelly, boy Henry, York, Kate, Jenny, Chance, Burton, Harriett, Gamy ??, Abby, Isham, Wesley and Bridget & her two children All were the property of said intestate at the time of his death or have been born of slaves who were his property at the time of death. The defendants were entitled to their share. The orators further show that during his life the said intestate was seized and possessed of a large real estate of very great value, all of which prior to his death he conveyed to the said defendants to wit To said Stephen C. Philips a certain parcel of land and plantation situation on Contentnea Creek in said County of Lenoir adj the lands of Barney Philips & others containing about 205 acres and sold by the said Stephen C. Philips for $2050 To said Drury Philips a parcel of land and plantation in said County adj the lands of William Ormond and others, containing about three hundred acres and of value of $3000 To said William Philips a parcel of land and plantation in said County adj the lands of William Roundtree, Columbus Dunn & others containing about ___ acres and of value about $2500. During his lifetime the said intestate gave to the defendant, Stephen C. Philips, the following personal property to wit - negro man Jack of value about $1500 and in cash $500 and a mare and colt of value $100 And to defendant Drury one horse of value $100 And to the defendant William one ?? of value $50 and one mule worth $100 Your Orators further show that all said gifts of personal estate by the said intestate to his said children the defendants now without consideration and more advancements made by said intestate to said defendants, the said real estate being all of which the said intestate was possessed and the shares of said defendants in the estate of said intestate of much "more value than equal to the shares which descended to your orators his other children". Your orators further show that the complannant Joseph A. Hartly has intermarried with said Mary, and Worry Kilpatrick with said Elizabeth, and Jacob A. Hartsfield with said Martha Ann. Your orators show that they are entitled to their share of the administration and wish the estate distributed Report of the Committee Martha Ann the sum of $24 Elizabeth the sum of $80 Stephen C. Philips the sum of $2032.50 Drury H. Philips the sum of $2206 William L. Philips the sum of $2792.80 With interest from Jany 1854. We further show the partition of the slaves by the defendants is utterly null and void and the plantiffs are entitled to have partition redone based on their value ANSWER OF STEPHEN C. PHILLIPS - Fall Court, Lenoir County, 1855 Stephen C. Phillips was the administrator. It is true as charged that William Phillips departed this life intestate sometime in the year 1853 and at the January Term 1854 of the Court this defendant was appointed administrator upon his estate. He used all due dilligence in endeavoring to settle the estate and has made much progress but has not been able to clear up all the debts some of which were matters of litigation. Defendant admits that at the death of the said William, he owned the several negro slaves mentioned in the bill. John P. Dunn, James Cannady and Thomas Harvey Esq were the Committee to divide the negroes. They met on 6 January 1855 and divided them into eight equal shares. Each person drew their lot and took their division home. Some of the parties have sold their slaves, some have had the misfortune to loose some of theirs by death. The defendants says it would be impossible to redivide all of them and the ones he kept to pay off the estate debts can't be divided. He has no slaves in his possession he is not entitled to except Jacob. It was agreed that Jacob would be sold to pay the debts but he has not been sold. Defendant admits his father did make to him several advancements in his lifetime as follows One negro man worth $300, 205 acres of land worth $1200, Cash $375, one horse worth $40, one mare and colt worth $50, one cow and calf and 2 hogs with $9, one pair of cart wheels worth $6.00, plough and gear worth $5.00 Defendant is ready to account for his said advancements upon the final settlement and he charges that advancements were also made by his said father to all of his said children and they ought also to be required to render on oath an account. ANSWER OF DRURY H. PHILLIPS Said the same as Stephen C. Phillips above - in addition He stated that his father William Phillips did convey to him a piece of land containing 325 acres which was worth at the time only $1500, also one horse, worth $60, one bed worth $15.00, one cart worth $12, one cow worth $6.00, one colt worth $20.00, one pair of candlesticks worth $1.50, one wash basin worth $2.60, sow and pigs worth $8.00, two sheep worth $1.50, ploughs worth $4.00, lot crockery ware worth $2.00, spoons worth $5.00 and that is all he was advanced The complanants received several valuable advancements in money and other articles from the said William Phillips that should be accounted for. NOTE: There may have been answers for the rest of the children, but I did not copy them. I did make a note that William L. Phillips gift of land was for 404 acres. THE REPORT OF THE COMMISSIONERS - no date The heirs were alloted unequal shares, especially Rebecca Phillips Argent Philips $198.66 Drury Philips 186.70 Warry Kilpatrick & wife Elizabeth 20.76 Stephen C. Philips 516.81 William L. Philips - Common share by 332.38 Jacob A. Hartsfield & wife Martha Ann 404.28 Joseph A. Hartly & wife Mary 724.96 It is decreed that the slaves allotted in partition shall be the personal property to whom they are allotted to wit Stephen C. Philips shall have Hawk, Cherry and Jinny and those advanced to him by the intestate Drury H. Philips shall have Harriet, Kate, Ike and what advanced by the intestate William L. Philips shall have Sime and what advanced to him Warry Kilpatrick shall have as administrator of his DEC wife, Elizabeth slaves Tamar, Fan, York, Jonas, Dempsey & Iser Jacob A. Hartsfield shall have for his DEC wife Martha Ann, slaves Binus, Flora and Chanty, Ben, Sarah & children, Willis, Harriet, Sarah, Simeon, Raney, Holland & Lyley Argent Philips shall have Jack, George, Icles ??, Hannah, West, Gabe Jacob A. Hartley is right of his DEC wife Mary - Lallenus & children, Oliver, Nancy, Sarah Ann, Jerry, Abby, Chaney, Zilpha & Primus DEPOSITIONS REGARDING THE LAND GIVEN BY WILLIAM PHILLIPS TOHIS SONS John P. Dunn stated he was acquainted with the lands advanced to Stephen C. Phillips. William purchased the land from the said - name is not readable but could be Dunn - in the year 1839 and he paid $2,050 for the tract of 205 acres. Dunn stated Phillips paid a larger price for the land because it was adj to his land. The land was worth $7.50 or $8.00 an acre at that time in 1839. 25 July 1856 James Kilpatrick was well acquainted with the land advanced to Stephen C. Phillips and states the land was worth $7.50 an acre in 1839. 25 July 1856 James Kilpatrick states the land given to D. H. Phillips in the year 1844 containing 320 acres was worth at least $6.50 an acre at that time. 25 July 1856 James Kilpatrick and John P. Dunn state the land give to William L. Phillips in 1844 of 440 acres was worth $6.00 an acres in 1844. 25 July 1856 LIST OF ACCOUNTS COLLECTED FOR ESTATE OF WILLIAM PHILLIPS 1 note on W. L. Kilpatrick $125.00 1 note on Wm. Ormonds 3.00 1 order against Barney Phillips 3.00 1 acct on John Jackson 3.75 1 acct on Thomas Phillips 2.56 1 acct on Barney Phillips 12.25 1 acct on Spencer P. Moore 1.60 1 acct on Wm. A. Pugh 4.50 1 acct on C. C. Dunn .30 recv from Wm Ormond 3.23 Rec. from Wm I. Pope .80 Amt collected $159.99 List could not collect Peter Phillips, Sr $4.50 Levi Wetherington .20 LIST OF ACCOUNTS BY STEPHEN C. PHILLIPS, ADMINISTRATOR This list gives the ages of two slaves who were hired out 1855 Jack - 15 years old George - 17 years old LIST OF ACCOUNTS BY JACOB A. HARTSFIELD IN ACCOUNT OF ESTATE OF WILLIAM PHILLIPS This list also notes the ages of several slaves 1855 Binns - 44 years old Flora - 34 years old Luke - died in 1855 Simon - two years old 1857 Zilpha - 9 years old LIST OF ACCOUNTS BY DRURY H. PHILLIPS IN ACCOUNT OF ESTATE OF WILLIAM PHILLIPS This list also notes the ages of several slaves 1855 July - 34 years of age Gabe - 14 years of page Harriet - 11 years of age Rainy - 31 years of age States that Lily and Holland were children in 1855