LEVI PHILLIPS LAST WILL & TESTAMENT Genealogical Record, Oconee County, SC Version 1.0, 1-Nov-04, W0001.TXT *********************************************************************** REPRODUCING NOTICE: ------------------- These electronic pages may not be reproduced in any format for profit, or presentation by any other organization, or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. Paul M Kankula - nn8nn GCGenWeb@bellsouth.net SC GenWeb "Golden Corner" Project Coordinator Anderson: http://www.rootsweb.com/~scandrsn/ Oconee: http://www.rootsweb.com/~scoconee/oconee.html Pickens: http://www.rootsweb.com/~scpicke2/ DATAFILE INPUT . : Paul M. Kankula at gcgenweb@bellsouth.net in Nov-2004 RECORD SUBMITTER : Susan Brock-Booker at SBrockBooker@aol.com in Nov-2004 *********************************************************************** Last Will and Testament of Levi Phillips In The Name of God, Amen: I, Levi Phillips, of Pickens District, SC having lived to a great age and knowing that it is appointed for man to die, and being now of sound mind, memory and understanding do make this my Last Will and Testament in manner following viz: My will and desire is that after death my body be decently buried by the side of my beloved wife; my sould I command to God who gave it, in the hope of a glorious resurrection through the merits of Christ Jesus. As regards my worldly estate, my will and desire is that all my just debts be speedily paid. I give devise and bequeath to George W. Phillips my youngest son; all my land or real estate. I will devise and bequeath all my personal estate, not herein otherwise directed to be sold by my Executors, the debts collected all my just debts to be paid. And my executors to have a substantial stone wall built over the graves of my wife and self so as to protect them as much as can be with substantial headstones worked in the wall and protected. (My note: $40 was paid to GW Philips for walling in the grave and $9.75 for purchase of Tombstone in Charleston, and $2.23 for expenses on same from Charleston). I will devise and direct: That after my debts are collected all debts and expenses paid, the Remainder of my Estate be Equally divided between my children & their legal representatives, viz, James Phillips, Samuel Phillips, Levi Phillips, Michael Phillips, Elizabeth Polk, Sarah Kell, Fanny Harrison, Barbary Kelly, Melinda Fuller, Nancy Arrington, Melissa Ferguson and Polly Broom or their heirs, share and share alike. But before anything is paid each to render an account of what they have received, That all may be made equal. Those who have received most to have the less, those who have had the least to receive the more so that all may be made equal. And as Samuel and Elizabeth are dead, I leave to the survivors to say what they have had, and the amount of Sam's distributive share to be paid by Executors, to my sons James and George W. Phillips as they have promised me to hunt up the children or legal representatives of my said son Samuel and pay them the amounts they may be entitled to. My over coat I give to my son George W. as he has had many journeys for me. All my other wearing apparel I give to my sons who may survive me. They to cast lots for first choice of garments and if more than goes round, to continue on till all is taken. And to the intent that this my last will and Testament may be carried into effect, I do hereby constitute and appoint my friend Joseph Grisham and William S. Grisham to execute the same according to my true intent of meaning. And I hereby revoke all former wills by me made and establish this. In testimony whereof I have hereunto set my hand and seal this second day of October In the year of Our lord 1846. /s/ Levi (his mark) Phillips /s/ Seal Signed, sealed, published and declared by the above Testator to be his Last Will, who called on us to witness the same. /s/ Wm Barton, Hugh L. O'Kelley, Elizabeth Grisham.