Will Book ___, Page 404
Proven: Aug. Term, 1861
I Joshua Phipps of the County of Hawkins in the State of Tennessee, being in feeble health but of sound and perfect mind and memory do make, publish and declare this to be my last Will & Testament hereby revoking all former wills by me at any time made, and as regards my Estate real and personal, I desire to dispose of the same as follows: —
First. I will and desire that all my indebtedness and my funeral expense be paid as soon as practicable after my decease.
Secondly. I will and devise to my son Frank L. Phipps the farm called and known by the title of the Hugh Leeper farm which properly speaking would belong to the said Frank L. Phipps and his sister Abenaida Netherland at my death, but for the said Abenaida‘s share I promise hereinafter to fully compensate her with other property so as to give the entire farm to my son Frank L. Phipps.
I also will and devise to my son Frank L. Phipps my farm known by the title of the James Leeper farm, also the William Lyons farm, also the Samuel Henderson farm that I purchased of said Henderson.
I also will and devise to my son Frank L. Phipps the following named slaves which he now has in his possession, including the increase if any born since (to wit) one negro man named Jim, one negro boy named Henry, one negro woman named Lucy and her infant child named Saul or Sal, one negro girl named Laura, one negro man named Frank, one negro girl named Mary, daughter of Lucy, one negro boy named Dick, one negro girl named Maria, also a negro boy named Tom which the said Frank L. Phipps has never had in his possession.
I also will and devise to my son Frank L. all the stock of every description, household furniture, monies advanced or loaned, and other charges entered against him on my Memorandum Book marked “A”, and release him from the charges of the same.
I also will and devise to my said son Frank L. Phipps the one fourth part of all my cash on hard, notes, bonds and judgements remaining after discharging any indebtedness, the said Frank L‘s proportion of the cash on hand to be paid out of the proceeds of the notes &c when collected by my Executors.
I also will and devise to my son Frank L. the one half of a certain lot of horses to be hereinafter mentioned. Also one large ox wagon which is to be repaired and paid for off my farm. Also, a full set of black smith tools now in Fawbush‘s shop that belongs to that shop, also my buggy and harness belonging to it.
Thirdly. I will and devise to my daughter Abenaida Netherland comnonly called Ida Netherland and her husband Robert G. Netherland a certain tract or parcel of land lying on the north side of Holston River in Hawkins County adjoining the Reed farm and others.
Beginning at the upper corner of Reed farm on the river, thence up the river with its meanders to the mouth of the branch or ditch at the lower end of the Payne field. Thence a straight line in a northwest direction to a corner that is to be marked twenty rods due east of what is known as the five pines corner as I believe a corner of the Ripley place on the Ross line. Thence a parallel line with the Ross line to the top of the ridge opposite a large field on the Ripley place in the lower end of which the Widow Grady lives. Thence a straight line to the back corner of the field now worked by Hanks. Thence with the dividing fence between Robert G. Netherland and myself to the stage road, changing the course of the fence so as to rim it out at the corner tree at the mouth of the lane. Thence running with the middle of the county road known as the Kincaid Road to the top of the ridge near the corner of R. G. Netherland‘s woodland fence, at the point where the road to the campground leaves the Kincaid Road, thence a straight line, a west course to the Bradley Bellamy corner on the top of Pine Mountain. Thence with the meanders of the mountain to Snow and Bellamy corner. Thence southward with the Snow and Bellamy lines so as to include the Bellamy place around with my lines to the Hamilton corner, on the dividing line between the Hamilton lands and McMinn‘s lands. Thence with said dividing line, south course to the end of said dividing line south of the stage road to the corner known as the corner between Bradley & Hamilton, so as to include pretty much all the Hamilton lands. Thence across the Ripley place a south course, a straight line to a corner to be made, two rods west of the spring where the Widow Grady lives. Thence a straight line to the Reed corners and Ripley corners at the corner of the woodland fence on the Reed place. Thence with the line of the Reed place to the beginning corner on the river.
I also will and devise to my daughter Ida Netherland and her husband R. G. Netherland my back tract of land known as the mill tract, including the mill, including 100 or 110 acres.
Also my interest in the Island Factory property, but not in the proceeds of that business heretofore, only the site, building and machinery is included in this bequest to them.
Also, I will and devise to the said Ida and her husband my houses and lots situated in Kingsport, Sullivan County, Tennessee, all of which property I devise to them to dispose of as they may think proper.
I also will and devise to the said Ida Netherland and her husband the following named negroes which they have now in their possession, and their increase if any (to wit) One negro woman named Julia Ann: one negro boy Jack, one negro girl named Lucy; one negro girl named Amanda; one negro girl named Minta: one negro man named Anthony (sold by R. G. Netherland to Buchanan), one negro man named Ransom; one negro girl named Ann, said negroes are all in their possession except Anthony heretofore sold to Buchanan. Also, one negro boy named Amos and one negro boy named Walter which they have not yet had possession of.
Also all the stock of every description — household and kitchen furniture, monies advanced or loaned including all the charges entered against them on my Memorandum Books marked “A”, before referred to, and release them from the charges of the same.
I also will and devise to the said Ida Netherland and her husband Robert G. Netherland a two horse wagon to be finished in Wyrick‘s Shop and to be paid for off my cash on hand, notes, bonds and judgements remaining after the payment of my indebtedness. Their proportion of the cash on hand to be paid out of the proceeds of the notes when collected by my Executors.
After making the foregoing bequests of the island factory property and one fourth of my cash on hand, notes, bonds and judgments to the said Ida and Robert G. Netherland I design the same as full compensation for her interest in the Hugh Leeper place before mentioned,
and it is my will and desire that the said Ida and her husband Robert G. Netherland, as soon after my decease as practicable, execute a deed in fee simple to the said Frank L. Phipps for their interest in the Hugh Leeper farm, but in the event that they are unwilling and refuse to execute such deed…then it is my will and desire that… Frank L. Phipps shall have my interest in the island factory property, and also the one-fourth part of the amount of my cash on hand — notes, bonds and judgments hereinbefore devised to the Ida and Robert G. Netherland, the one half of a certain lot of horses hereinafter mentioned, also my shotgun and the fixtures belonging thereto.
There is an unsettled transaction between The Honorable Seth J. W. Lucky and myself in which he proposes to convey to me the one half of his interest in the copper mines in Carroll County, Virginia to discharge an obligation I hold on him, and should such conveyances hereafter be made, I will and devise said copper interests — the one half to Frank L. Phipps and the other half to Ida Netherland and R. G. Netherland.
Fourthly. I will and devise to my daughter Nancy B. Bynum, wife of John G. Bynum, the following property now in her possession, to wit: one fine piano, $2,500.00 in money heretofore advanced for her benefit in relation to changing the administration of the Estate of Orville Bradley, dec’d. Also about 350 acres or what may remain of the Ripley place after taking off a small portion thereon hereinbefore devised to Ida Netherland and Robert G. Netherland.
Also, I will and devise to her a small portion of the Ross place lying west of the lands devised to Ida and R. G. Netherland.
I also will and devise to the said Nancy B. Bynum the following named negroes which are now in her possession, and their increase if any, to wit: One negro girl named Queen; one negro boy named Ike; one negro boy named Dave: one negro girl named Rosetta; one yellow man named Madison; one black woman named Peachy which property I devise to the said Nancy B. Bynum for her own separate use and control.
I also will to Nancy B. Bynum all the horses and stock of every description including all the charges made against her on my Memorandum Book marked “A” before referred to and release her from the charges of the same. Also, I will and devise to her a fine gold watch, known as her mother’s watch.
I also will and devise to my said daughter Nancy B. Bynum and her husband John G. Bynum, all the copper interest I now own in Carroll County, Virginia with full liberty to dispose of same.
Fifthly. I will and devise to my son William Joshua McKinney Phipps, commonly called “Mack Phipps” the remainder of the tract of land on which I now live — lying in Hawkins County, south of the stage road, running from the present ferry landing, after taking off that portion of the same heretofore devised to Ida and Robert G. Netherland.
Also, that portion of my lands known as the Camp Ground lands, and also that portion of my Hamilton lands remaining after taking off such portions of said lands as have herein-before been devised to Ida and Robert G. Netherland.
I also will and devise to the said Mack Phipps
[Note: bullets added here for ease in reading.]
- the one-half of my present crop on my lands, including all that may be received from my tenants.
- Also, the one-half of all the old grain and bacon that may be on the place at my decease.
- Also, all my farming utensils not herein otherwise disposed of including the thrashing machine, wheat fans &c.
- Also, a large four horse wagon and one two horse wagon and one horse wagon including everything now in use in the cultivation of the farm.
- Also, the one-half of all the iron that may be left after finishing the wagons herein before devised to Frank L. Phipps and Robert G. Netherland;
- also the one half of my entire stock of cattle, sheep and hogs.
- Also, five farm mules…my large gray mare and colt…two gray fillies known as the Miller fillies…one young, brown horse that has been worked, and my four oxen;
- also my iron safe, my rifle gun and fixtures…also my Colts pistol;
- also the one half of the hay and roughness on my farms.
- Also, the one half of the furniture — household and kitchen — not hereinafter otherwise disposed of.
I also devise to my son Mack Phipps the following named negroes, to wit:
- One negro man named Andy;
- one negro man named Lewis;
- one negro man named Jack;
- one negro man named Rufus and his wife Viney and child.
- Also one negro woman named Maria and her three children, to wit: Sal, Rufus and Mary.
I also will and devise to my said son Mack Phipps the one fourth of the amount of cash on hand — notes, bonds and judgements that may remain after discharging my indebtedness as herein before provided for, but the fourth to be paid so far as possible out of the cash that may be on hand.
Sixthly. I will and devise to my wife Ann P. Phipps during her natural life all the lands purchased by me of the bank formerly owned by Rev’d T. A. Ross, lying north of the stage road running from the present ferry landing, including the Rotherwood Mansion, but excepting the factory property now owned by William Powel.
And at the death of my wife, the same to descend to our son Mack Phipps, if he should survive her, but if…Mack Phipps should die before his mother, then…said tract of land shall descend to the lawful heirs of Frank L. Phipps and those of Robert G. and Ida Netherland, equally, i.e. each heir to take an equal share of the same.
It is also my will and desire that my wife Ann P. Phipps shall have the following
- slaves or negroes to be by her disposed of as she may see proper, to wit: one negro woman named Nancy and her child; one negro woman named Matilda and one negro boy named Harry, and Maria.
- Also one fourth of the amount of any cash on hand — notes, bonds and judgements remaining after discharging my indebtedness as herein before provided for.
- Also my carriage & harness, a two-horse wagon and harness, also my sorrel mare and mule colt, my gray filly known as the Netherland filly and my gray horse known as the “pacing gray”,
- also the one-half of my entire stock of cattle not otherwise disposed of, also the one-half of all my sheep…entire stock of hogs,
- also the one half of all my present crop of every description, together with the one-half of the old grain and bacon on hand,
- also her sewing machine,
- also the one half of my household and kitchen furniture
— all to be hers and to be disposed of as she may see proper.
It is also my will and desire that my wife shall have the use of the one half of the house we now live in, and the one half of all the furniture therein while she lives or remains single, provided the occupation of the one half of the house by her should be agreeable to our son Mack.
It is further my will and desire that my wife and our son Mack shall carry on their respective farms jointly, and the net proceeds thereof to be divided equally between them, after the payment of school accounts, store accounts, taxes, physicians’ bills &c and settlements thereof to be made annually with my Executors at her own house or place of residence.
In case of the death of our son Mack Phipps before his mother without lawful issue, then it is my will and desire that my wife should make her home in the Rotherwood house herein before devised to her, and that the farm lying south of the stage road and hereinbefore devised to Mack Phipps, together with the negroes and monies devised to him that may remain undisposed of shall descend to the lawful children and issue of Frank L. Phipps, and of Robert G. and Ida Netherland — to be equally divided between them share and share alike.
And no matter at what time Mack Phipps should die, if without lawful issue, then it is my desire that the farm lying south of the stage road and other lands, property and monies devised to Mack, or so much thereof as remains undisposed of, shall descend to the lawful children and issue of Frank L. Phipps and Robert G. and Ida Netherland.
But it is not designed by this will to confer the power upon Mack to dispose of either the lands or negroes devised to him provided he should die without leaving issue.
It is further my will and desire that the remainder of my stock of horses, after satisfying the legacies of such stock hereinbefore given to my wife and son Mack shall be equally divided between Robert G. and Ida Netherland and Frank L. Phipps who shall make the division among themselves, excepting my mare called Lalla Rookh and the black horse known as Poney’s Colt which are not to be embraced in said division.
The black horse, Poney’s Colt I will and devise to my nephew Nate Phipps and the mare Lalla Rookh I at present make no disposition of.
It is further my will and desire that my wife Ann P. Phipps shall have the control and management of our son Mack‘s estate until he shall become of age, or until she shall marry, and that she be not required to give bond unless it should hereafter become manifest that his estate was likely to be lost or diminished for want of proper management, and upon the happening of such contingency, it is my will that she enter into bond and security as the law requires, or that she surrender the custody of the same to a properly appointed Guardian.
But before my wife shall receive from my Executors the Estate of our son Mack, a perfect inventory of everything she may so receive should be made out and filed with the papers of my Estate by my Executors, and she shall be required to make settlement annually with my Executors of the Estate of our son Mack Phipps at her own house.
It is further my will and direction that my Executors in making collections of the judgments now due me that they at least collect in gold or silver so much of said judgments as may be necessary to pay off and discharge the legacies herein before devised in money to my son Mack and my wife.
And lastly, I do hereby nominate and appoint Joseph B. Heiskell, esq., Frank L. Phipps, my son, and Robert G. Netherland, Executors of this my last Will and Testament and direct that the said Heiskell shall be liberally compensated for the services he may render connected with the execution of my will.
In testimony whereof I have hereunto subscribed my name and affixed my seal on this 3 day of July, 1861.
Joshua Phipps (seal)
Signed, sealed and acknowledged in our presence Testator the 3rd day of July, 1861.
James A. Neil
Codicil to Will of Joshua Phipps
For the purpose of avoiding any difficulty in the construction of my foregoing will and of making some further provision in relation to my property, I do further make and publish this codicil to my foregoing will.
1st. In specifying the property given to Robert G. Netherland and Ida Netherland his wife, in lieu of the Leeper place, I desire to include the mill place in addition to the other property mentioned….and in case they fail and refuse to make the conveyance therein before provided, that said mill with the other property devised over in that event shall go to Frank L. Phipps.
2nd. In the several devises to the children of Frank L. Phipps and Robert G. & Ida Netherland, in the event that my son Mack dies without issue, it is intended that each child of Frank L. Phipps shall take equally with each child of Robert G. & Ida Netherland per capita, and that all the children by Ida — whether by Robert G. Netherland or any future husband, shall be included and take equally with the children of Frank L. Phipps and in the event any of the said children now living or to be hereafter born, shall die before the said Mack leaving issue, then such issue shall take the share such deceased child would have taken o the death of said Mack without issue in the life time of such child.
3rd. As it may become necessary for Mack Phipps to dispose of his negroes from time to time for misconduct, power is hereby conferred on him to sell or exchange such negroes as may become refractory, and in the event other causes exist for a sale of any of said negroes, such sale may be made by said Mack with the concurrance… of my Executors, or a majority of them, or of the survivor of them, and in that event they shall require the fund arising therefrom to be invested to be held according to the provisions of my will.
4th. In the devise of my lands to the said Robert G. Netherland and wife Ida, it is not my intention to make the Estate of Robert G. Netherland in the event he survives Ida, a fee simple Estate, but he shall hold the same for his natural life only, and upon his decease the same shall descend to the children of Ida, or her heirs at law.
5th. It is not my intention that the Guardian of my son Mack shall dispose of the stock bequeathed to him so much as may be necessary as his proportion to stock the farm, and the increase or such stock as it may from time to time be advisable to sell shall be by the Guardian disposed of in her discretion, at private or public sale. The stock of Mack and my wife Ann P. Phipps may be kept in common or divided as shall be considered best by my Executors.
6th. In drawing the bequest to my wife of cattle, a different mode of expression is adopted from that and as to other stock said bequest is intended to give to her one half of my whole stock of cattle, and other half being given Mack.
7th. I enjoin upon the Guardian of my son Mack to take good car [as transcribed] of my old servant Andy, that he be not overworked or exposed, but be employed in the oversight and feeding of stock, attending to the fields &c, lighter duties suited to his age and faithful character.
8th. It is my desire that my Executors named in my will shall not be required to give security for the performance of their duties, unless some event subsequent to my decease shall in the opinion of the Court make the same necessary and proper.
10th [sic]. It is my desire that my son Mack be liberally educated and so much of his property as may be necessary to carry out this object to the fullest extent practicable shall be appropriated by his Guardian to that purpose.
11th. Robert G. Netherland and wife Ida shall have power during their joint lives to dispose of the lands devised to them be deed executed by them jointly and proved and acknowledged according to the law for disposing of the Estates of married women.
12th. I give and bequeath to Robert G. Netherland and F. L. Phipps my interest in the apparatus purchased for the Rotherwood Seminary.
13th. I give to Robert G. Netherland my gold-headed cane.
In testimony whereof I have set my hand and seal This 4th of July, 1861
Joshua Phipps (seal)
Signed and sealed in the presence of us, we attest in the same in presence of the Testator and of each other by his request.
This Hawkins County Will was transcribed by one of the following volunteers: Audrae Mathis; Gary Fletcher; Betty Mize; Diana Arney; Karen Negron, Kathey Welder.