Will Book ___, Page 400
Proven: Dec. Term. 1856

I William Phipps of the County of Hawkins and State of Tennessee, being of sound mind but feeling the uncertainty of this mortal life, also the necessity of preparing for death by making a necessary arrangement of my temporal affairs, do make and declare the following last Will and Testament, hereby revoking and annulling all others, to wit:

Item First. I will and bequeath unto my four grandsons, sons of my son Edward E. Phipps, dec ‘d, namely Wm Tivis Phipps, Joshua Lafayette Phipps, James Pulasky Phipps, and Edward E. Phipps all the land lying on the south side of Holston River owned by me and now in the possession of my daughter Jane Phipps, widow of Edward E. Phipps, dec’d…to be equally divided between my four grandsons above named, share and share alike, to them and their heirs forever, but to be under the control of the widow during her natural life,

but should any of the said heirs die before they arrive to lawful age without lawful issue then his or their share or shares in said land to descend to the surviving brothers.

Item 2nd. I give and bequeath to my daughter Elizabeth G. Coldwell, wife of John Coldwell one negro woman named Rachael and her increase, also stock, household and kitchen furniture and all of which she has heretofore received.

Item 3rd. To my daughter Mary Whittenberg, I will and bequeath my negro boy Jim, in addition to what she has heretofore received.

Item 4th. To my daughter Margaret Gillenwaters, wife of Joel Gillenwaters, I will and bequeath two negro children named Clinton and Alice, also stock and household furniture all of which she has before received of me.

Item 5th. I will and bequeath unto my daughter Sarah, wife of John Miller one negro woman called Cinda and also one negro girl, yellow complected, named Roda, stock, household and kitchen furniture, all of which she has heretofore received of me.

Item 6th. And my daughter Willie Ann, deceased wife to Gaven Leeper in her lifetime received of me one negro woman named Alice, also stock, household and kitchen furniture considered by me a full share with my other daughters above mentioned.

Item 7th. I will and bequeath to my daughter Betty A. wife of John Shields my negro woman Emaline and two of her children Citty and George and all her increase from this date if there should be any, and the two young negroes that she now has in her possession, Ambrose & Adeline, to her and the heirs of her body forever.

Item 8. I will and bequeath to my grandson Edward Erwin Shields, son of John and Hetta A. Shields my negro boy Cain (child of Emaline) to be held in trust by his father and his uncle Wesley A. Phipps until he, my grandson, shall have become 21 years of age.

It is my will that the negro boy Cain be hired out to the highest bidder when he shall (reach) 14 years of age, year-after-year until my grandson becomes of age, and the proceeds of the hire of said boy to be applied to the use of schooling my grandson,

and if said grandson should die before he comes of age, or without lawful issue, then said negro boy to (go) to my daughter Betty A. Shields, to her and the heirs of her body forever.

Also, I will to my grandson Edward E. Shields a good feather bed and furniture for the same.

Item 9. To my son Joshua Phipps I will and bequeath in addition to what he has already received of me a negro boy named Sam.

Item 10. To my son William P. Phipps, I will and bequeath in addition to what he has already received of me a tract or parcel of land containing 50 acres be the same more or less, of the lower end of my home place. Beginning at a post oak and black oak conditional corner of my tract and the Herrald tract now owned by Wm Lyons or son, running south sixty, west with a new marked line to the back line of the old Erwin grant, thus south twenty five, east along the old line to the corner ash and beech near a small spring at the foot of a large hill, being the corner between the Marsletter tract and the tract on which I now live. Then north sixty six east along the old marked line to a black oak and sweet gum, then due north along the old line to the beginning, to him and his heirs forever.

Item 11. To my son Thomas M. Phipps, I will nothing more, he having already received his full share in cash, negro &c.

Item 12. To my son James L. [sic] Phipps I will and bequeath a tract or parcel of land purchased of Margaret Surgoine containing 140 acres more or less, bounded as follows: Beginning on the bank of Holston River in a small island on an ash tree for corner a mulberry Lyons & box elder pointers then along a marked line between William Armstrong and myself south sixty nine and a half, west to white oak on the old Patton [patent?] line, sourwood, gum and hickory pointers, then with the old Patton [patent?] line south twenty five, east fifty poles to a white oak corner black oak pointer, then along a marked line formerly the line between Margaret Surgoine and myself to the bank of Holston River to the corner elm, then up the meanders of the river to the beginning, to him and his heirs forever.

Also three negroes, to wit: Mima, Charles & Bob, also one bed & furniture with a full share of stock and farming utensils &c, all of which he has received.

Item 13. I will and bequeath to my son Wesley A. Phipps the plantation that I now live on bounded as follows, to wit: Beginning at the corner elm on the river bank, then with the marked tree formerly between Margaret Surgoine and myself to a white oak corner and black oak pointer on the old Patten [patent?] line, then along the said Patten [patent?] line south forty five degrees east to where Wm. P. Phipps‘ line intersects with the old Patton [patent?] line, then along the said Wm. P. Phipps‘ line to the post oak and black oak corner, then along the said conditional line between Lyons and myself to the river on a black oak and hickory corner, then up the meanders of the river to the beginning, containing 400 acres more or less, to him and his heirs forever;

also three negroes named Caty, Powel (and deceased [sic] girl), Julia; also one bed and furniture, stock of all kinds, farming utensils, &c, and at my death, I will that he have all my personal property not otherwise disposed of.

It is also my will that my son Wesley A. Phipps legacy be charged with all my lawful debts which may be due from me at my decease & that he pay the same.

Also give me a decent and respectable support as long as I live with the use of my old dwelling house or otherwise as I may choose.

Item 14. I will and bequeath to my grand daughter Sarah Jane, daughter of Wesley A. & Eliza Jane Phipps my negro child Mary, child of Emaline, to her and her heirs forever, it being full compensation to her father Wesley A. Phipps for taking care of and raising Emaline’s family of children. Also one Bureau, feather bed & furniture for the same.

It is also my will that William Armstrong, my son Joshua Phipps and my son James L. Phipps be my Executors to this my last Will and Testament.

In testimony whereof I have hereunto set my hand and seal This 12th day of August, 1845.

Wm. Phipps (seal)

Witness:

Wm. Armstrong
Alfred Armstrong
Mary Armstrong

Codicil to this my last Will and Testament

I William Phipps having heretofore made my last Will &Testament, do make and declare this codicil thereto to wit:

It is my will that my negro woman Emaline that was willed to my daughter Betty Shields, I will and bequeath her to my son Wesley A. Phipps,

and also my negro man named Sam that I had willed to my son Joshua Phipps, I will and bequeath to my son Wesley A. Phipps, he to pay to my son Joshua Phipps whatever sum the said boy Sam may be worth at my death.

If they should fail to agree on the price of said negro Sam, to be valued by my Executors.

Lastly, it is my desire that this codicil be attached to and constitute part of my will to all intents and purposes. This 8th day of September, 1851.

Wm. Phipps (seal)

Signed, sealed in presence of:

Wm. Armstrong
B. C. Armstrong

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This Hawkins County Will was transcribed by one of the following volunteers: Audrae Mathis; Gary Fletcher; Betty Mize; Diana Arney; Karen Negron, Kathey Welder.