MITCHELL COUNTY, NC - WILLS - S. C. Phillips, 6 Sep 1888 ----¤¤¤¤---- State of North Carolina ) In the Superior Court Mitchell County ) A paper purporting to be the Last Will and Testament of S. C. Phillips deceased is exhibited before me the undersigned Clerk of the Superior Court for said county by T. G. Phillips the executor herein mentioned, and the due execution thereof by the said S. C. Phillips by the oath and examination of T. A. Lane. C. P. Johnson Simon Forbes, the subscribing witnesses thereto, who being duly sworn doth depose and say and each for himself deposeth and saith that he is a subscribing witness to the paper writing now shown him, purporting to be the last will and testament of S. C. Phillips that the said S. C. Phillips in the presence of this deponent subscribed his name at the end of said paper writing which is now shown as aforesaid and which bears date of the 6" day of September 1888. And the deponent further sayeth that the said S. C. Phillips testator aforesaid did at the time of subscribing his name as aforesaid, declare the said paper writing so subscribed by him and exhibited to be his Last Will and Testament, and this deponent did thereupon subscribe his name at the end of said Will as an attesting witness thereto, and at the request and in the presence of the said testator. And this deponent further sayeth, that at the said time when the said when the said testator subscribed his name to the said last Will as aforesaid, and at the time of deponents subscribing his name as an attesting witness thereto as aforesaid the said S. C. Phillips was of sound mind and memory of full age to execute a will, and was not under any restraint to the knowledge information or belief of this deponent. And further these deponents say not. Severally sworn ) C. P. Johnson [seal] and subscribed ) Simon Forbes [seal] this 5 day of November ) T. A. Lane [seal] before me ) W. S. Hyams ) Clerk Superior Court ) [Page 41] S. C. Phillips North Carolina ) In the Superior Court Mitchell County ) It is therefore considered and adjudged by the Court that the said paper writing and any part thereof is the Last Will and Testament of S. C. Phillips deceased and the same with the foregoing examination and this certificate are ordered to be recorded and filed. This 5" day November 1888. W. S. Hyams CSC Know all men by these presents that I, S. C. Phillips of the County of Mitchell and State of North Carolina being in ill health but of sound and disposing mind and memory do make and publish this my last will and testament. And as to my worldly estate and all the property real personal or mixed of which I shall die seized and possessed or to which I shall be entitled at the time of my decease I devise bequeath and dispose thereof in the manner following to wit. First. My will is that all my just debts and funeral expenses shall by my executors hereinafter named by paid out of my estate as soon after my decease as shall by them be found convenient. Item. I give devise and bequeath to my beloved wife Sarah Phillips all my personal property of any kind and description to have and to hold the same for and during the full term of her natural life. I also give and bequeath all my lands and its appurtenances in Mitchell County to her which has not heretofore been disposed of by me among my children for and during the term of her natural life together with the issues rents and profits accruing from the same. Item. I give devise and bequeath all my lands of any kind and description at the death of my beloved wife Sarah which I have not heretofore disposed of [Page 42] Last Will and Testament among my children to my Executors to be sold by them to the best advantage for its use of my children either at public or private sale and the moneys arising from the sale of the same to be equally divided by my said Executors among my children. Item. I give devise and bequeath all my personal property of evry kind and description remaining undisposed of at the death of my beloved wife Sarah to my said executors to be by them sold and the moneys arising from the sale of the same to be equally divided among my children. Item. It is my will that in case of ill health or inability of my beloved wife Sarah to manage and cultivate the lands herein devised and bequeathed to her in a suitable manner and to the best advantage that my said Executors shall take charge of the same and cultivate or lease the same for the use and to the best advantage for the said wife and pay the rents and profits over to her and for her use during the term of her natural life. Item. It is my will that those of my children who have not been advanced by me in personal property shall be made equal by my said Executors in the final distribution of my property with those who have been advanced by me, and it is my will that those of my children who have been advanced by me in personal property shall file with said Executors an itemized schedule of advancement made by me of all property received by them before they shall receive anything further by way of advancements from said Executor. And lastly I do nominate and appoint my son Thomas G. Phillips and my neighbor and friend Thomas C. McInturf to be the Executors of this my last will and testament. In testimony whereof I the said S. C. Phillips have to this my last will and testament contained on one sheet of paper and on four pages and to evry sheet thereof I have subscribed my name and affixed my seal this 6 day of September 1888. S. C. Phillips [seal] [Page 43] S. C. Phillips Signed sealed published and declared by the said S. C. Phillips as for his last will and testament in the presence of us who at this request and in his presence and in the presence of each other have subscribed our names as withnesses thereto. C. P. Johnson Simon Forbes T. A. Lane T. C. McInturf State of North Carolina ) In the Superior Court Mitchell County ) To all whom these presents shall come. Greetings. It being satisfactorily proven to the undersigned Clerk of the Superior Court for Mitchell County that S. C. Phillips late of said county is dead, having made a last will and testament which has been admitted to probate (a true copy whereof is hereunto annexed) and Thomas G. Phillips the Executor therein named having qualified as such according to law: Now these are therefore to empower the said Executor to enter in and upon all and singular the goods and chattles, rights and credits of the said deceased and the same to take into possession wheresoever to be found and all the past debts of said deceased to pay and satisfy and the residue of said estate to distribute according to the directions of said will. Witness my hand and seal of said court this 5th day of November 1888. W. S. Hyams Clerk Superior Court ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Patrick Barrett pwrbarrett@yahoo.com ___________________________________________________________________