Lewellyn Phipps Will
Will of Lewellyn Phipps 1843
Source: Robertson County Will Book 12, pages 3 & 4
Transcribed by Charlotte Spencer
© 2012
Last Will and Testament of Lewellyn Phipps Deceased
I Lewellyn Phipps do make and constitute publish this as my last will and Testament revoking and making void all other wills by me at any time made.
1st I direct that my funeral expenses amd all my debts be paid as soon after my death as possible out of any money that I may am? possessed of or may first come into the hands of my executors.
2 I give and bequeath unto my beloved wife Cloe the tract of land I now live on beginning at the miander/perimeter? of the long branch in the North boundary line running West, with said line to a dogwood the North West corner of said tract thence South with the original line (between myself and Edward Choat (stricken over)) to a black oak near an ola/old? cole jut thence East with the line between myself and Edward Choats to a sugar tree near the mouth of a spring branch thence near East across a point of a hill to a stake two poles North of the West end of the mill levy thence near North to a stake in the East side of the branch nown by the name of Burton's branch leaving all of the field on the West side of the branch to the mill tract thence down Burton's branch with its several miranders to the beginning containing one hundred and forty six acres be the same more or less including the house and farm I now live on during her natural life or widowhood and at her death or intermarriage I give and bequeath all the above mentioned tract and parcel of land with all its appertances therewith unto my son Jackson Phipps.
3 I give and bequeath unto my wife Cloe Phipps her first choice of my mares and colts her first choice of two of my cows & calves all my hogs and sheep also two of her choice ploughs and geers also two weeding hoes and one Mattock her first choice of my falling axes and also two of her choice bed steds & furniture and also my Cupboard and her choice of my table and candle stand and six choice chairs and also one Kettle & stew pan and her choice of oven and my loom and all the stays and geers her choice of cotton wheel and flax wheel and chest and her side saddle and my washing bar and also one dish and one set of plates and a set of knives and forks and all my cotton that is on hand and all the spoon cotton and flax brake and three crocks during her natural life and at her death I give and bequeath all the above mentioned articles or so much thereof as may be on hand to my son Jackson Phipps.
4 I give and bequeath unto my wife Cloe Phipps one hundred dollars to be raised out of the first proceeds of my sale after paying my debts to dispose of as she pleases.
5 I will that my executors as soon as possible after paying my debts proceed to sell all the balance of my land and Mills and every other article of property which is not otherwise disposed of the personal property to be sold on a twelve months credit and the land and Mills to be sold on a one two and three year credit.
6 I will to my son Jackson Phipps three hundred dollars cash to be placed in interest and one horse and saddle and bridle at the age of twenty one years the money to be at interest as soon as my executors can sell and collect, and also I give my son Jackson Phipps one bed that is now on hand and sted and furniture and my family bible.
7 I will that if there may be any money left in the hands of my executors after appropriating the proceeds of my sale as above mentioned and paying all expenses be equally divided among my several heirs that is to say daughter Ariadna Watson; Isaac Phipps, William Phipps, Thomas Phipps and Jackson Phipps.
8th & Lastly I appoint my friend Thomas Cook & James Sprouse my executorsto this my will
Signed., sealed amd acknowledged in presence of us this 26 day of April in the year of our Lord 1843.
Lewellyn Phipps
Cloy (her mark) Cook (Seal)
Test:
James Sprouse
Edward (his mark) Choat
Mathew W. Brake
Robertson County Court November Term 1843
The foregoing last Will and Testament of Lewellyn Phipps was produced in open court for probate and thereupom came Edward Choat & Mathew W. Brake two of the subscribing witnesses thereto and both first sworn depose and say that they were acquainted with Lewellyn Phipps the Testator in his lifetime and that acknowleged in their presence the same to be his last Will and Testament and that they attested the same at his request and that he was in his proper mind at that time the Court therefore ordered the same be recorded.
Test: J. E. Wingfield CLK
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