Phillips Wills

This page created: 11/22/2002

WILL OF ZACHARIAH PHILLIPS, AMHERST CO, VA
I, Zachariah Phillips of the Co of Amherst, do hereby make last will and testament in a manner and form following (that is to say) 1st I desire that all my just debts be first paid which are but very few, and of any dignity.
2nd, I lend to my beloved wife Frances during her material life 1/3 of my lands to be laid off agreeable to quantity and quality, and she to have choice of also 3 Negroes June, Peter, a V and also as much of my household and kitchen (?) furniture as she may choose to take, also 1/3 of all my stock.
3rdly I give to my son, John Phillips, 2 Negroes (Nig.), both by the name of Rebuen (?) and all their increase, which Negroes has been in his possession for some time past. And also all other property which I have heretofore given him.
4thly I give to my son Zachariah Phillips 2 Negroes, he has now in his possession and also all other property which I have heretofore given him, to him and his heirs forever.
5thly I give to my son Leonard Phillips 2 Negroes, Squire and Fanny, and their increase which Negroes he has now in his possession, and also all other property which I have heretofore given him, to him and his heirs forever.
6thly I give to my son Thomas Phillips 2 Negroes Rachel and York, and their increase, which Negroes he has now in his possession. Also all other property which I have heretofore given him; to him and his heirs forever.
7thly I give to my son Joseph Phillips 2 Negroes Jane and Gabriel and their increase. Jane he has now in his possession, also all other property which I have heretofore given him, to him and his heirs forever.
8thly I give to my daughter Ann Griffen 2 Negroes Finan and their increase, which Negroes she has now in her possession and also all other property which I have heretofore given her, to her and her heirs forever.
9thly I give to my friends Hawes Colemon, Capt John Harris of Amherst, and Zachariah Roberts one Negro woman by the name of Fanny that I got from Thomas Goodwin, and also 50 pounds of money to be in trust and to be held ? the said Colemon, Harris and Roberts may think proper and the use labour and profits of the said Negro and the interest of the said money to be applied (sic) to the support of my daughter Johannah Parker and her children, and at my said daughters death, the Negro woman and her increase, and also to be equally divided among my said daughters children, ? the said Coleman Harris and Roberts shall it most beneficial to my said daughter and her children are hereby and liberty to nest the said property above mentioned in my said daughter or her children.
10thly I give to my son Cornelius Phillips one Negro Polly and her increase, which said Negro is now in his possession and also 50 pounds of money and also, all other property which I have heretofore given him, to him and his heirs forever.
11thly I give to my son Joshua Phillips one Negro by the name of Lyde and her increase which Negro are now in his possession, also 50 pounds of money and my shot gun, and all other property which I have heretofore given him, to him and his heirs forever.
12thly I give to my daughter Frances W Bailey 2 Negroes Nancy and Betty and their increase which Negroes are now in her possession and all other property which I have hereto for given her, to her and her heirs forever.
13thly I hereby direct that all the residue of my estate both real and personal, shall be sold by those appointed here to bring (?) by will into Execution in any way or manner they may think proper, and from the first monies arising from the said sale to pay off the legacies heretofore bequeathed and the balance of the money raised to be equally divided among all my children except Johannah Parker and the part which I invested for her which be part of the residue. I give to Hawes Coleman, Capt John Harris and Zachariah Roberts for the same purpose and under the same limitations as are mentioned in the 9th clause of my will. And also my son John Phillips shall ? 18 pounds out of his part for money which previously advanced to him.
14thly at my wife's death it is my will and desire that all property which I have left her shall be sold in the same manner as I have directed the residue of my estate to be disposed of and the money arising therefrom to go as prescribed in the above clause.
And lastly I appoint my loving wife Frances Phillips Executriz, and my sons John, Zachariah and Joseph Phillips executors of this my last will and testament, and hereby revoking all other wills and testaments by me heretofore made. In Witness whereof I have heretofore set my hand and affixed my seal this 11th day of June 1807.
Signed, sealed and published I declare---and for the last will and testament of the above named Zachariah Phillips in the presence of us
Henry T. Harris, Richard L Pollard, Zachariah Phillips (SEAL), Wm L Harris
At a court held for Amherst Co the 21st day of Sept 1807 this last will and testament of Zachariah Phillips deceased, was proven by the oaths of Henry F Harris and William Lee Harris, two subscribing Witnesses thereof and ordered to be recorded. And at a Court for the aforesaid County on the 19th day of Oct 1807 John & Zachariah Phillips 2 of the executors named in the said Will personally came into Court and qualified according to law, and entered into Bond with Isaac White, William Lee Harris and James White their securities, in the penalty of $20,000 current money, conditions as the law requires. Certificate is granted them for obtaining a probate thereof in due performance and at a court held for the aforesaid County the 15th day of Feb 1808. Joseph Phillips the Executor named in the Will, personally came into Court and qualified according to Law, and entered into Bond with all others (?) Harris his in the penalty of $20,000 current money conditions as the law directs. Certificate is granted him for obtaining a probate thereof in due performance.
TESTE Know all men by these presents, that we John & Zachariah Phillips, Isaac White, William Lee Harris & James White are held and firmly bound unto James Weeks (?), John Chustin, Joseph Loving & James Montgomery, Gentlemen, Justices of the Court of Amherst Co, now sitting, in the sum of $20,000 to the payment whereof, Will and truly to be made to the said Justices and their Sucessors (?). We bind ourselves and each of us,---and each of our heirs, Executors, and Administrators, jointly and severally, firmly by these presents. Sealed with our seals, this 14th day of Oct in the year of our Lord 1807 and in the 32nd year of the Commonwealth. The condition of the above obligation is such that if the above bound John & Zachariah Phillips, Executors of the last Will and Testament of Zachariah Phillips deceased, do make or cause to be made, a true and perfect inventory of all, and give ? the goods Chattels and Credits of the said deceased, which have or shall come to the hands, possession or knowledge of the said John & Zachariah Phillips, or into the hands and possession of any other person or persons for them, and the same so made do exhibit or cause to be exhibited in the Co Court of Amherst at such time as they shall be thereunto required by the said Co, and the same goods, Chattels and Credits, and all others the goods, Chattels and Credits of the said deceased, which at anytime after shall come to the hands, possession or knowledge of the said John and Zachariah Phillips or into the hands or possession of any other person or persons for them do well and truly administer, according to law; and farther, do make a just and true account of their acting and doings therin, when thereto required by the said Court; and also shall well and truly pay and deliver all the legacies contained and specified in the said Testament, as far as the said goods, Chattels and Credits, will there unto expend (?) and the law shall change, then this obligation is to be void and of no effect, or else remain in full force and virture. Signed, Sealed and delivered in the presence of the Court Teste (signature) L. Garland DC SEAL In a Court held for Amherst County ( John Phillips The 17th day of Oct 1807 this Bond Zachariah Phillips Was acknowledged in open Court by the Isaac White, William Lee Harris, James White
Recorded in Will Book 4, p470, Amherst Co Circuit Court Clerk's office Amherst, VA. A copy, Teste, Wm. E. Sandidge, Clerk
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