Orange County NcArchives Wills.....Phillips, James October 27, 1847 ************************************************ 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: Ben Franklin ben.franklin.ffru@gmail.com May 2024 Source: Loose Will, NC Archives CR 073.801, Will Book Volume F, pages 371-373 Written: October 27, 1847 Recorded: Nov 1847 Testator: James Phillips In the name of God Amen! I James Phillips of the County of Orange and State of North Carolina do make and publish this as my last will and testament hereby revo= king all other wills made by me. First I leave to James Webb Jr of Hillsborough, whom I appoint my executor, two hundred dollars in trust which he is to lend upon bond with at least three good sureties, and apply the interest annually in the first place for the purpose of Keeping in good order & repair my family buryal ground; & the balance of interest if any to be paid annually to the treasurer or pro= per officer of the association or General Meeting of the "Christian Church" by whatever name the same may be called to be used as they may di= rect: The said sum to be held by my said Executor & his executors and administrators forever for the purposes aforesaid. Secondly. I direct that my executor shall purchase three tomb-stones of plain white mar= ble & have them placed, one over my own grave one ["of" x-out] over the grave of my decease wife, and the other over the grave of my late son in law Dr. Lu= ellen deceased. The costs of which including appro= priate inscriptions shall not exceed fifty dollars. Thirdly. I give & bequeath to my granddaughter Sarah Luellen Two thousand dollars [page 2] Fourthly. I give and bequeath to the children of my daughter Eliza Fuller Two thousand dollars and this sum together with whatever else they may take under this will will constitute a common fund for their maintenance and education And as each child may marry or arrive at full age he or she shall receive his or her share of the same. And should any of said children die before arriving at full age or marrying, the share of such child or children shall go to the others to be held and enjoyed in like manner. Fifthly: All the rest and residue of my estate of every kind. I give and devise as follows, (subject to the provision about my dwelling house & premi= ses). namely; one fourth part thereof to the chil= dren of my son Charles Phillips: One fourth part to the children of my daughter Susan Mott one fourth part to the children of my daughter Elizabeth Fuller: And one fourth part thereof ["to the children of m" x-out] to my granddaughter Sarah Luellen. Sixthly. For the purpose of settling my estate and paying off the legacies aforesaid I will and direct that my executor shall in such manner as he may deem best, as soon after my death as may be con= venient sell all the property which I may own at the time of my death - my Mansion or dwelling House with all the lots of land attached thereto [page 3] excepted viz bounded by the grounds of P. H. Mangum on the East and by the several public streets or roads on the North, West, and South, and the said Mansion house & premises, he shall cause to be valued by two suitable persons, and any one of my children or grand children shall be permitted to purchase the same with= in the period of five years after my death at half the amount of said valuation; provided said purchase is made by said child or grandchild in good faith for a dwelling house, to be used and held by him or her for that purpose. And if no such pur= chase is made then by executor shall sell the said property for the best price which can be obtained, the proceeds in either case to be divided among the aforesaid residuary legatees, after the other lega= cies shall have been paid. The rents to be applied to keep= ing the premises in repair till sold. Seventhly. Any sums of money bonds or property which I may give to or settle upon Sarah Luellen or the children of Eliza Fuller, in my life time shall be taken in part or whole [x-out] satisfaction of the $2000 legacies, as the case may be. Eightly I appoint my friend James Webb jr of Hills= borough my executor. Signed sealed & published by said James Phil= lips as his last will & testament this 27th Oct: 1847 In presence of } O. F. Long } } James Phillips (seal) John Kirkland } Jurant } [Will Book Volume F, page 371] In the name of God Amen! I James Phillips of the County of Orange, and State of North Carolina do make and publish this as my last will and testament hereby revoking all other Wills made by me. First. I leave to James Webb Jr of Hillsborough; whom I Appoint my executor, two hundred doll= ars in trust which he is to lend upon bond with at least three good securities[sureties] and apply the interest annually in the first place for the purpose of Keeping in good order & repair my family burial ground; & the balance of interest if any to be paid annually to the treasurer or prop= er officer of the association or General Meeting of the Christian Church by whatever name the same may be called to be used as they may direct: The said sum to be held by my said Executor & his executors and administrators forever for the purposes aforesaid. Secondly I direct that my executor shall purchase three tomb stones of plain white marble & have them placed, one over my own grave. One over the grave of my decease wife, and the other over the grave of my late son in law Dr. Luellen deceased, The costs of which including ap= propriate inscriptions, shall not exceed fifty dollars. Thirdly -- I give & bequeath to my grand daughter Sarah Luellen Two thousand dollars. Fourthly. I give and bequeath to the children of my daughter Eliza Fuller Two thousand dollars and this sum together with whatever else they may take under this will will Constitute a com= mon fund for their maintenance and education And as each child may marry or arrive at full age he or she Shall receive his or her share of the same. And Should any of said children die before arriving at full age or marrying, the Share of such child or children [Will Book Volume F, page 372] Shall go to the others to be held & enjoyed in like manner. Fifthly: All the rest & residue of my estate of every Kind I give and devise as follows, (subject to the provision about my dwelling house & premises) namely; one fourth part thereof to the children of my Son Charles Phillips: One fourth part to the children of my daughter Susan Mott: One fourth part to the Children of my daughter Elizabeth Fuller: And one fourth part thereof to my granddaughter Sarah Luellen. Sixthly. For the purpose of settling my estate and paying off the legacies aforesaid, I Will and direct that my executor shall in such manner as he may deem best, as soon after my death as may be convenient sell all the property which I may own at the time of my death - my Mansion or dwe= lling house with all the lots of land attached thereto excepted viz: bounded by the grounds of P. H. Mangum on the East and by the several public streets or roads on the North, West, & South, and the said Mansion house & premises he shall cause to be valued by two suitable persons and any one of my children or grand Children shall be permitted to purchase the same within the period of five years after my death at half the amount of said valuation provided said purchase is made by said child or grand child in good faith for a dwelling House to be used & held by him or her for that purpose: And if no such purchase is made, then by executor shall sell the said property for the best price which can be obtained, the proceeds in either case to be divided among the aforesaid [Will Book Volume F, page 373] residuary legatees, After the other legacies shall have been paid. The rents to be applied to Keeping the premises in repair till sold. Seventhly. Any sums of money bonds or property which I may give to or settle upon Sarah Luellen or the children of Eliza Fuller, in my lifetime shall be taken in part or whole Satisfaction of the $2000 legacies as the case may be Eighthly I appoint my friend James Webb jr of Hillsborough my executor. Signed sealed & published by said James Phillips as his last will & testament this 27th Oct. 1847 In presence of O. F. Long James Phillips (seal) John Kirkland Orange County November Term 1847 The execution of the foregoing last will & Testament of James Phillips deceased was duly proved in open Court by the oaths of O. F. Long & John U Kirkland the subscribing witnesses there to & Ordered to be recorded - At the same time James Webb Jr the executor therein named appeared in open Court and was qualified as such according to Law Test. Additional Comments: Will Book Volume F, pages 371-373 Recorded Nov 1847 The tombstones mentioned in the will, are now found in Lockhart-Phillips Cemetery, Hillsborough, NC, one with the name of Dr. Elijah Lewelling There is a second, handwritten copy Estate Papers comprise 25 pages and are found in a folder labeled "Phillips, James (1848)". Testator died 30 Oct 1847, per his tombstone in Lockhart-Phillips Cemetery, Hillsborough, NC. Eliza M. married Solomon Fuller, lived in Virginia, and their children were Susan, Mariah and Mary. Eliza is described in Sep 1848 as "about 30 years of age, in delicate health". Eliza later married John Y. Adams, and there is an indenture dated 12 Nov 1852 (what now would be called a prenuptial agreement) included in these estate papers regarding the property she owned at the time of this wedding [Estate Papers - Estate Sale Feb 1848] A List of the effects of James Phillips Dec'd which have come into the hands of James Webb Jr Ex [sundry items omitted] Negro David J L Bailey 20.~~ Adon S Fuller 31.~~ Mary E A Heartt 203.~~ Ellen Rev T Mott 400.~~ Lucy + 2 children Thomas & Nancy Rev T Mott 614.~~ Henry Rev T Mott 399.~~ March Rev T Mott 350.~~ Alexander Rev T Mott 300.~~ Peter Rev T Mott 225.~~ Negro Girl Ellen Rev Thomas S Mott 175.00 [sundry items omitted]