MITCHELL COUNTY, NC - WILLS - Blake Phillips, 28 Nov 1894
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[Page 147]

In the matter of the Last Will and Testament of Blake Phillips, Dcs'd

Know all men by these presents that I Blake Phillips of Mitchell
and State of North Carolina being of sound mind and memory,
do make and publish this my last will and Testament.

First. I give and bequeath to Joseph Tipton, and his present
wife Manerva Tipton and their heirs by his wife Manerva Tipton
all the personal property I may possess at my death, with all
the house hold and Kitchen furniture.

Second. I give and bequeath to Joseph Tipton and Manerva Tipton
and the heirs springing from their present marriage, forever,
the tract of land I now live on, bounded as follows:
   Begining on a large Chinque Pin bush, runing North ward
up the branch to George Byrd's corner.
   Thence with said Byrd's North East line, to a smal hickery,
Manerva Tipton's corner. Thence Southward to a white oak
in George Byrd's line, near a Spring.
   Thence Southward with said spring branch to a Plum
tree, Carson Phillip's corner. Thence Westward to the
beginning, Containing 40 acres, more or less.

Third. Joseph Tipton and Manerva Tipton bind themselves
to pay to my grand daughter Manerva Lutterall, when
she arives at the age of 18 years old, the sum of
ten dollars in lawful money; also to Winnie Hughes
at my death the sum of two dollars, also to Landon
Phillips the sum of one dollar, also to Henderson
Phillips the sum of one dollar at my death.

   In testimony whereof I have hereunto set my
hand and seal, and publish this to be my last
Will and Testament. This 28th Nov. 1894.

Witness:                      Blake Phillips, [seal]
T. B. Garland
B. T. Wiseman

              I ordain and appoint Thomas G. Phillips,
as Executor of this, my last will and testament --
   This 28th Nov. 1894.


Witness                       Blake Phillips, [seal]
T. B. Garland
B. T. Wiseman

[Page 148]

In the matter of the last Will and Testament of Blake Phillips.

State of North Carolina )  In the Superior Court.
        Mitchell County )

A paper purporting to be the last Will and Testament
of Blake Phillips deceased, is exhibited before me the
undersigned, Clerk of the Superior Court for said County.
T. G. Phillips the Executor therein mentioned, and the
due execution thereof by the said Blake Phillips, by the
oath and examination of B. T. Wiseman, and
T. B. Garland, the subscribing witnesses thereto, who
being durly sworn, doth depose and say and each
for himself deposeth and and saieth, that he is a sub-
scribing witness thereto, the paper writing purporting
to be the last Will and Testament of Blake
Phillips. That the said Blake Phillips, in the presence
of these deponents, subscribed his name at the end
of said paper writing, which is now shown
as aforesaid, and which bears date of the
21st day of March, 1896. And the deponents 
further saieth: that the said Blake Phillips,
the 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 
these deponents did thereupon subscribe
their names at the end of said Will
as attesting witnesses thereto, and at the
request and in the presents of the said
testator, and these deponents further say
that at the said time when the said testa-
tor subscribed his name to the said last
Will and Testament as aforesaid, the said Blake
Phillips was of sound mind and mem-
ory, 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
saieth not.
                          B. T. Wiseman.
Severally sworn and and
subscribed this 21 day of March, 1896
                          J. C. Bowman C.S.C.

[Page 149]

Continued

State of North Carolina )  In the Superiro Court
        Mitchell County )

                   It is therefore ordered and
adjudged by the court that the said paper writing
and every part thereof is the Last Will and Tes-
tament of Blake Phillips, and the same with
the foregoing examination, and this certificate
are ordered to be recorded and filed.
This 28th day of March, 1896.
                            J. C. Bowman
                                  C.S.C.


North Carolina  )
Mitchell County )

In the matter of the last will and Testament ) Before
of Black Phillips.                           ) J.C. Bowman, C.S.C.

      T. G. Phillips, being duly sworn says: That Blake
Phillips late of said county, is dead, having first made
his last Will and Testament, and that T. G. Phillips
is the Executor named therein.
Further, that the property of the said Blake Phillips
consisting of real and personal property is worth
about $1200.00 so far as can be ascertained at the
date of this application, and that Joseph Tipton, Ma-
nerva Tipton, and their heirs by his wife, Ma-
nerva, Manerva Lutterall, Winnie Hughes, Landon
Phillips, and Henderson Phillips, are the parties
entitled under the said Will to the said property.

Sworn to and subscribed
before me the 23rd day of March,
1896.
        J. C. Bowman, C.S.C. 
        
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