Transcript of Elijah Last Will and Testament
by Marvin Thomas Phillips, III, MD
original spelling and words kept. ^^ are hand made word inserts – done twice
From North Carolina Wills and Probate Records 1665-1998
From microfilm total of 1937 pages. Rowan County Will Records Film emulsion # 02391137 Folder labeled Elijah Philips 1806 pages 475-478
In the name of God Amen, I Elijah Philips of Rowan County and state of North Carolina. Being weak in body, but in perfect mind and memory, thanks be given to Almighty God, Calling to mind the mortality of my Body, And knowing that it is appointed for all men Once to die, Do make and Ordain this my last will and Testament, that is to say, Principally and first of all I give and Recommend my soul into the hands of Almighty God that gave it and my Body to the Earth, to be buried in a decent Christian Like manner at the Discresion of my friend and Executors, Nothing ???, but at the General Resurrection I shall receive the same again by the mighty Power of God. And as touching such worldly Estate whereas it hath pleased God to bless me with in this life. I give and Dispose of the same in the following manner & form.
I will, that all my Just debts and funeral charges be paid by my executors ------
I will, that as much of my Estate, as may be Deemed necessary for the support of my wife and Children for one ^year^ be set apart out of my Estate, for their support, to be paid by three men whom my wife and executors may appoint ------ I will, and bequeath unto my Beloved Wife Mary, One Bed and furniture (her choice) to her and her heirs forever; And further I will unto my wife One Negro Girl named Rachel, One Young Bay Mare & her saddle & bridle, One Cow her choice, One Loom and Tackling, One Shovel Plough and Tackling belonging there unto, one dresser & the dresser furniture, one large table, & one small ditto, one wooling wheel, & one linen Do. One pair of cotton cards, one large iron pot and two small, one dutch Oven, one skillet, 1 iron pot rack, one pair of fire dogs, one fire shovel, one pair of fire tongs, six chairs & also one more bed and furniture, one lase hatchet, one reel, one pr of flat irons, one washing tub, one pail & peggin, one candle stick, one spice mortar, one flesh fork, one ladle & one skimmer, one tea kettle, one looking glass, two weeding hoes, one mattock, and also one large new chest to her during her widowhood, or natural life.
But if she should marry again, then the above mentioned property, or what remains thereof, the first bed and furniture mentioned, & also her saddle excepted them I will to here and her heirs forever, the rest of the above mentioned hereto fore property to be sold at public sale and appropriated as shall here after directed, & if my widow should never marry, she is to enjoy the above mentioned property, during her natural life and at her decease the same, or what remains thereof is to be sold as mentioned, and the money arising form the sale thereof is to be equally divided amongst my seven children, namely, Ezekiel, Margaret, Polly, Phebe, Melon, James and Betty.
NB. the increase of the mare & cow above mentioned, to my wife if nay there should be, at her marriage or death if she should never marry, the other property above mentioned to be equally divided among my children above mentioned. I will unto my Daughter Polly, one bed and furniture, and also one cow, but the cow is to be valued by two free holders, & the price of the cow, to be considered as much received in part of her legacy, at the division of the estate. I will unto my daughter Phebe, one bed & furniture and one cow, to be valued as above mentioned & her value to be considered as so much received in part of her legacy at the distribution of shares amongst legatees.
I will unto my daughter Betsy, one bed and furniture & one cow when she becomes of age, or when she shall marry, but the cow is to be valued as above directed, & here pirce to be considered as so much received in part of her legacy.
I will that all the rest of my personal estate, besides that which has been already mentioned, be sold at public sale after my decease, and the money arising form such sale together with what money I have in hand & what is due me (if any there be) after my just debts are paid, to be equally divided amongst my seven children above mentioned, but what my daughter Margaret had received already, one bed & furniture, excepted, she is to render an account of the the executors, which is to be valued ad before directed & the amount of such property, by her received, is to be taken by her part of her legacy.
I wil that my wife remain & continue on the premise, occupy my mansion house while she remain my widow if she never marries, during her natural life, if she chooses to do so, but at her marriage again or at her death (if she never marries) then my land is to be divided equally in quality between my three sons, namely, Ezekiel, Malon, James, or to them and their heirs forever. And if any of my sons or daughters dies, leaving no heirs, my will and desire is that the one half of their legacy decent to all their other brothers and sister each, an equal part.
I further will and desire that my two boys Malon and James be put to schools as constant as possible, they can, from my death until they arrive to sixteen years of age and then be put to such trade as they choose for themselves, and if consistent with law for their masters, to give them as least six months of schooling, arithmetic, if they shall adjudge capable on entering that branch of learning & that schooling to be given them about 19 or 20 years of age. And that my daughter Betsy be sent to school until she can read and write and tolerable well. And that the interest of their money be applied to pay for their schooling as far as it will go. And what will be still wanting to pay their schooling, is to be made up bu the other legaties, each their proportinable part, as it to be observed, that my will and desire is that my executors shall put out the money to interest for those of my children under age, while they continue to stand excutors & when they resing & settle with the court if any of my children are still under age, that their guardians will be careful to keep their money out on interest until they become of age. And I do herby ordains, constitute and appoint my trusty friend James Eillis and Ebenezer Jones, my executors of this last will and test, disallowing & revoking & dis anulling, all other wills & test by me made, either in writing or in verbal manner, notifying this & no other to be my last will and testament. ^The??^ Witness whereof there hereunto be my hand and seal this twenty fifth day of August one thousand eight hundred and six-------
Signed, Sealed , Published and Pronounced in the presence of
Thomas West – sig Elijah Philips – sig and seal Jim Ellis - sig
Thank you to Michael Gillespie for creating WikiTree profile Philips-324 through the import of Gillespie Family 10.ged on Apr 25, 2013. Click to the Changes page for the details of edits by Michael and others.
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Elijah is 13 degrees from June Cash, 16 degrees from Patsy Cline, 25 degrees from Mickey Guyton, 15 degrees from Naomi Judd, 14 degrees from Loretta Lynn, 35 degrees from Rita MacNeil, 17 degrees from Reba McEntire, 24 degrees from Joy Kirkpatrick, 14 degrees from Dolly Parton, 17 degrees from Minnie Pearl, 14 degrees from Kitty Wells and 27 degrees from Andrew Turvey on our single family tree. Login to find your connection.