Book 2, Pages 127 – 131
Proven: March 2, 1874

I, James S. Phipps, of the County of Hawkins County and State of Tennessee, being of sound mind, but growing feeble in strength, knowing the uncertainty of life and the certainty of death, do make this my last will and testament revoking and annulling all: To wit:

Item 1st – To my son William F. Phipps, I bequeath or will a certain tract of land lying on the south side of Holston River in the upper end of Long‘s bottom it being the same tract of land that was deeded by my father, William Phipps beginning on a sycamore on the river bank, near the upper end of the bottom, thence south 25 east 24 poles to white oak and then ___ as pointers on the tip of the bluff in a sink of the same, thence south 71 east 6 ½ poles to a hickory in the head of a dry hollow, thence south 36 east 104 poles to a post oak on the ___ top on the mountain with post oak, dogwood and hickory as pointers, thence down the south side of the mountain, with a dry hollow south 36 east 10 poles to a stake in said hollow where it intersects the line deeded to me by Samuel Henderson and Abraham Britton, thence Phipps line south 50 west 22 poles to a white oak with ___ pointers; thence south with said line 54 12/ west 68 poles to a ___ and pointers thence south 89 west 14 poles to a ___ and post oak Arterbuss (?) corner, thence along his line and the top of the mountain south 42 west 57 poles to a black oak and hickory: thence south 54 ½ west 66 to two small hickorys and sourwood pointers on the top of said mountain, thence down the east end south 45 ½ west 26 poles to a small black oak and sourwood corner to Phipps six acre entry in the gap of said mountain, thence south 30 west 8 poles to a dogwood, maple and spanish oak on the bank of a creek in the gap of said mountain, thence north 55 west 52 poles to a bush at the foot of Bays Mountain; thence north 8 east 32 poles to a white oak and bush, thence with Phipps and Longs line due west 50 poles to a hickory and ___wood, thence Phipps and Longs 20 poles to two oaks corner to the Phipps entry, thence with his line north 17 east 67 poles to a white oak, then north 3 east 13 poles to a bush Longs and Phipps corner and corner to old grant, thence with old grant line north 15 east 94 poles to a walnut on the river bank, then up the several meanders of the river to the beginning containing by estimation 231 acres more or less.

The foregoing described tract of land being more than William F. Phipps share of my real estate, I require him to pay me for the benefit of James Wiley Phipps, fifteen hundred bearing interest from the first day of January Eighteen and seventy two, which William F. Phipps freely and willingly consents to do, and that I James S. Phipps hold the land referred to for the payment of the said fifteen hundred dollars.

Item 2nd – To my daughter Charlotte wife of D. C. Miller, I will and bequeath a tract or parcel of land including the house in which I am now living, beginning on a hickory on the north bank of Holston River on the back of a large ___; thence north 53 west 90 poles to the north post of a large gate on the road leading from the house to my ___ barn, thence north 71 west 68 poles to a stake on the line between D. T. Lyons, thence with said line south 84 west 84½ poles to a gum, dogwood and two white oaks; thence south 13 poles to a dogwood and two gums; thence south 23 west 67 poles to a white oak and spanish oak, on the river bank near a small branch; thence up the several meanders of the river to the beginning containing by estimation eighty acres also a small island lying at the head of Longs Shoal, containing about three acres, more or less also a lot or parcel of timber land lying on the southside of Holston river it being part of the purchase I made of Samuel Henderson and Abraham Britton; beginning in the mouth of a small ___ the third branch or hollow above the cleared bottom with sycamore, hawbush ___ as pointers; thence up said branch and up the point of the ridge, south 42 east 38 poles to an ash and hickory on the top of ridge thence south 67 east 28 poles to an oak on the top of the same ridge then south 44 ½ east 56 poles to a spanish oak and hickory on the extreme top of the mountain then with the extreme top of the mountain north 50 east 150 poles to a cucumber, poplar, hickory gum and black oak Phipps corner on the top of the mountain where a path crosses the same going to and from Christian land; thence south 40 east 48 poles to two small black oaks on the spire of the mountain; thence down the same south 26½ east 36 poles to three black gums and chestnut; thence south 63½ west 138 poles to two dogwood and chestnut as pointers on the spire of the mountain; thence up the same north 26½ west 58 poles to several buckeyes, two dogwoods and pointers on a steep hillside thence south 63½ west 32 poles to a hickory; thence along the course of said mountain south 45 west 80 poles to a black oak and sourwood; thence north 50 west 80 poles to a stake where the land willed to William F. Phipps intersects the same thence up a dog hollow north 36 west 10 poles to a post oak on the top of the mountain with post oak dogwood and hickory pointers; thence north 36 west 104 poles to a hickory in the bend of a dog hollow near the top of a bluff thence north 71 west 6½ poles to a white oak with ___ pointers in a low sink on the bluff; thence north 25 west 24 poles to a sycamore on the river bank near the upper end of the bottom thence up the several meanders of the river to the beginning containing by estimation one hundred and seventy five acres more or less.

Item 3rd – To my son Park Phipps, I will and bequeath a tract of land lying on the north bank of Holston River the upper end of the plantation on which I am now living beginning at a sycamore on the river bank, corner between D. T. Lyons and myself, thence south 68 west 60 poles to a sycamore and ash; thence south 58 west 35 poles to a white oak and cedar; thence north 80 west 50 poles to a rock then south 84 west 28½ poles to a stake on the line between D. T. Lyons and myself; then south 7 12/ [as transcribed] east 68 poles to a post on the road leading from my house to the upper ___ thence south 53 east 90 poles to a hickory and box elder on the river bank thence up the several meanders of the river to the beginning containing by estimation ninety acres by the same more or less. Also another lot or parcel of land lying on the north side beginning on a post oak and the line between W. A. Phipps and myself and running with the same about 192 poles to a stake at the Northwest corner of ___ between Betty Fain and myself: thence south 24¾ east to a walnut corner between Betty Fain and myself on the old grant line; north 69 east 180 poles to a large black oak corner to the grant line, thence north 21 poles to the beginning post oak corner containing thirty six acres more or less: Also a lot or parcel of timberland lying on the south side of Holston River, it being a part of the land deeded to me by Samuel Henderson and Abraham Britton; beginning on two bushes and a sugar tree, Lyons corner and the beginning corner of my mountain land; thence with Lyons line up a branch south 86 east 66 poles to a gum and hickory; then south 34 east 30 poles to a bush and Lyons and a branch thence the same south 69½ east 26 poles to and ash and bush on said branch then south 59 east with the leading waters of the same 88 poles to a black oak and black gum, small hickory, poplar and cucumber on the top of a mountain called commonly the river mountain in a gap near where a path crossed the same leading from Christians land; thence south 49½ east along the ___ heights of said mountain 104 poles to three chestnut, oak and hickory on the top of the same; thence south 36½ east along a spire of said mountain 50 poles to a chestnut oak, chestnut and black gum; thence south 49 12/ [as transcribed] east 104 poles to two small black oaks and pointers on a spire of the mountain; thence north 40 west, 48 poles to a black oak, black gum, small hickory, poplar and cucumber Phipps corner, thence south 50 west 150 poles to a spanish oak, and hickory on the top of the mountain; thence north 44½ west 56 poles to an ash on the top of a ridge; thence with same ridge north 67 west 28 poles to the mouth of the same branch at the river; thence up the several meanders of the river, to the beginning containing by estimation one hundred and seventy five acres, be the same more or less.

Item 4th – To my son James Wiley Phipps, I will and bequeath one note of fifteen hundred dollars, due from William F. Phipps bearing interest from January first eighteen and seventy two; also another note of fifteen hundred dollars due from William F. Phipps without interest for five years from the first of January eighteen and seventy two;

Lastly – I do hereby nominate and appoint my son William F. Phipps and my brother W. A. Phipps my executors.

In so whereof I do to this will set my hand and seal this the 15th day of April eighteen and seventy two.

James S. Phipps

Signed, Sealed and Published in our presence and we have subscribed our names hereto in the presence of the testator, this the 15th day of April eighteen and seventy two.

Witnesses:

William S. Armstrong
W. A. Phipps
James ___


Transcribed by Betty Mize

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