Scott County TN Archives Wills.....Phillips Sr., John May 1, 1876
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File contributed for use in USGenWeb Archives by:
Larry Stephens stevensba@aol.com September 9, 2007, 10:10 pm

Source: Transcript From Original In County Clerk Office
Written: May 1, 1876
Recorded: August 7, 1976

Scott county Tennessee



Monday August 7, 1876

Page 87, Circuit Court Minutes:  page 87



The last will and testament of John Phillips Sr deceased as produced in open 

court by Harrison Reed executor &c and proven according to law in is in the 

words and {figue} as follows:

To wit:

I, John Phillips Sr of the County of Scott and State of Tennessee being in my 

right mind and perfect in my reason and understanding do make and publish this 

as my last will and testament hereby revoking and making void all other by me 

at any time made.



First:  I direct that my burial expenses and my debts be pade as soon after my 

death as possible out of any money that I may die possessed of as may first 

come into the hands of my executor.



Second:  I will and bequeath to my beloved wife Kissiah during her natural life 

my dwelling house in which I now live and the two first stables nearest the 

house and the use of one half the smoke house and my crib together with the 

following described land:  The piece of land known as the orchard nearest the 

dwelling house below the branch, the bottom half of the piece known as the big 

field lying on New River north of said orchard containing twenty acres more or 

less running down to the first branch below the big field to use and occupy or 

rent out dewering her natural life and at her death to go as is after provided 

for also to have and use dewering her natural life all my kitchen furniture, 

beds, bed clothing, wearing apparel and cooking utensils.  Five hed of sheep, 

all my black hogs, two choise milk cows and calves when they all have calves, 

five choise bee stands, all the going crops I have on hand except the millet 

grass and one half of that when taken care of by my son Abner, all the meat and 

provisions on hand together with sufficient amount of corn to make her bred 

until the new crop comes in, all the foregoing personal property to be used and 

disposed of dewering life as at the death my said wife Kissiah.



Page 88………………………….



Third:  I will and bequeath unto my son John W all of the following described 

piece or parcel of land situated in New River on the west side where said John 

W. now  lives beginning on a fork white walnut and sugar tree the south east 

corner of the old  Stephen Thomas survey twenty poles from the river and the 

west whence with the said Thomas line N52 E20 poles to the river thence up the 

river with the center of its meanderings opposite a white walnut standing 

inside the fence on the [vis]  bank just below where the path crosses going 

from my house down to my son John W.s _________ to said white walnut hence 

straight through the bottom field to the fence on west side thence up the hill 

to a low gap in the ridge thence following about the same course bearing a 

little southerdly to the top of the dividing ridge between the first fork of 

from the mouth of lick branch thence with said dividing ridge up the same to 

the boundary line of the survey thence with the line of the same northwardly 

and eastwardly x, but so much of the following as conveys the portion of the 

big field heretofore bequeathed to my wife Kissiah during her life as expected 

dewelling said term from the provisions of the forgoing bequest but when the 

term of said special bequest shall cease at her death then the whole of the 

said last mentioned tract of land I give to my said son John W and his heirs 

and assignees forever.



Fourth:  I will and bequeath unto my youngest son Abner all the following piece 

or parcel of land situated in Scott Co., State of Tennessee on New River and 

bounded as follows: to witt beginning on a white walnut standing on the inside 

of the fence on the bank of the river heretofore described as a corner of John 

W.’s tract bequeathed to him by me thence with the line of the same ____ the 

center of New River thence --- the course of its meandering to a point closest 

the north of the branch in which I know live up the branch to the little field 

cleared on the south side of the river above the mouth of said branch thence 

leaving the branch running up the hill to the first big branch in the same 

thence with the branch to falls of the branch known as the crooked branch



Page 89

Thence southwestwardly a direct line to the line of a survey on James 

McDonaldson family lived now owned by J. C.Newport thence westwardly with said 

line to the line of the survey where James Newport Sr. now lives. Thence 

running with the line of an old tract entry made in the name of Zachariah 

Lewallen thence with the line of same out to the top of the ridge and down the 

same to a corner near the gap of the ridge between my house and Ezekiel Newport 

thence with the boundary line of my land around to the piece as tract 

heretofore bequeathed to John W. and with the line of said tract to the 

beginning which includes the special bequest of the house and the outhouses, 

orchard and a part of the field known as the big field which I accept from the 

provisions of this request for and dewelling the term of my wife Kissiah’s 

natural life and at her death I hereby give, grant and bequeath the whole of 

said tract or parcel of land last decribed as aforesaid together with all and 

singular the rights privledges and appertanaces thereunto belonging as 

indefeasible to him and his heirs and assignees to his and their use and 

benefit forever.



Fifth:   I give and bequeath to my son William all of the following tract or 

parcel of land situated in Scott Co, Tennessee on New River on the south side 

beginning at a point in the center of said river opposite of the branch on 

which I now live, running thence up the river its center with the meanderings 

with the opposite the lower land known as the Armstrong line thence with the 

line of same to the southwest corner thence of thence a direct line to the SE 

corner of the tract or parcel heretofore bequeathed to my son Abner and with 

his line around to the falls of the crooked branch and with  the branch of the 

hill and down the same to and with the branch to the falls of beginning 

including when said William now lives and excluding a small field now in the 

possession of Elijah Phillips who is on the south side of the river giving and 

granting unto my said son William all said and foregoing tract with said 

exception together with all inheritance the rights petitions and appertances 

thereinto belonging to the use and benefit of to him and his heirs and 

assignees to his and their use and benefit forever.



Sixth:  I give and bequeath Jasper Marion all the following described tract on 

the boundary of land situated in the County of Scott State of Tennessee on the 

east and north side of New River and bounded as follows:   To witt:  beginning 

on a white oak on a hill side near the road leading from Huntsville to the 

Potter land near the northeast corner of S. Thomas survey thence with said road 

to the line of the Milton Phillips survey thence with the line of the same to a 

certain corner made by Mak Richerson for me on the north side of the river 

about the path leading up the river to Elijah Phillips’ which corner standing 

in a hollow or swag, thence direct line to the centre of the river with its 

meanderings and with the down to the line of the old Stephen Thomas survey and 

with the line of the same to the beginning of the same together with all the 

rights and appertances of the same to have and to hold the same to my said son 

Jasper Marion his heirs and assignes to their use to have and hold forever.



Seventh:  I give and bequeath further unto  my wife Kissiah my yellow mare 



Eightly:   I give and bequeath unto Harrison Reed and his wife Mary Ann my 

young roan horse with a bald face.  Said horse is three years old past.



Ninthly:  I give and bequeath unto my son Thomas L. and cow and calf if she has 

a calf sucking at the time sucking and said cow to be selected for him by my 

wife Kissiah and that she does not desire to keep.



Tenth:  I direct at that at my death that all my property not here before 

specifically bequeathed shall be sold and collected and the proceeds thereof be 

equally divided between Thomas L. Phillips, my daughter Mary Ann Reed, wife of 

Harrison Reed and the heirs of Jonathan Phillips, my deceased son.  That as to 

say my son and daughter living and the heirs of my said deceased son and shar 

and heirs part and share alike said heirs of son Jonathan taking an equal part 

with said Thomas L. and Mary Ann.



Eleventhly:   I do give and bequeath unto my said wife Kisiah all her reddy 

money on hand and all debts coming to her called her own debts and known as 

such.



Lastly:   I do hereby nominate and appoint Harrison Reed by executor and 

witness whereof I do this day sign my will and set my hand and private seal to 

the same.  This the first day of May one thousand eight hundred and seventy – 

six.



							John Phillips      his 

mark and seal



Signed and published in our person and we have subscribed our names heretowith 

present of the testors this the first day of May 1876

Jno M. Cordell

John Newport



There being no further business on hand the court adjournes until court 

reconvenes.   J. M Cordell K



Additional Comments:
John Phillips was the father of Thomas L. Phillips who was the father of Easter 

Malviny Phillips the wife of John Nathan Stephens of Whitley Co., Kentucky.   

John and Malviny died in Sand Spring, OK in the 1950s.

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