Contributed by Donald J. Phillips
Below is the open court proving
of the Will of Catherine Phillips followed by the Will itself.
Catherine Phillips was born
in Virginia, March 1, 1815. Her maiden name is believed
to be Catherine Wilcox, although this has not been documented.
She married John Phillips of Campbell County, Tennessee
about 1833-34. They resided in Jacksboro, later moved to
Grantsboro and Catherine moved back to Jacksboro after John's
death in 1862, where she resided until her death, Nov. 1898.
John was born in Tennessee, was a farmer, blacksmith, and
served as Sheriff of Campbell County 1846-50 and 1858-1860.
Catherine and John Phillips had eleven children. Catherine
survived all of her family except for the two daughters
named in her will below. Three of their six sons, Lt. Col.
Milton L. Phillips, Lt. John F. Phillips and Pvt. Calvin
B. Phillips fought with the Union in the War of the Rebellion.
The two daughters mentioned in the Will were Bettie Comer
(Elisabeth Phillips, 1849-1927) who married Francis M. Comer,
and Mary Loy, (Mary A.Phillips, 1835-?) who married (William?)
Donald J. Phillips
State of Tennessee
Campbell County County Court Chamber term 1898.
Personally appeared in open
Court Alex Loyd and A. B. Lindsay subscribing witnesses
to the within instrument, who after being first sworn deposed
and said that they were personally acquainted with Catherine
Phillips the within named testator, who signed and acknowledged
the within instrument in their presence on the day it bears
date to be her last will and testament and at the time of
signing and acknowledging the same. She was of sound mind
and deposing memory and that the same was signed by them
as witnesses at the request and in the presence of the testator
and in the presence of each other after the same had been
read to said Catherine Phillips and that said testator Catherine
Phillips is now dead.
Witness my hand at office in
Jacksboro, this 28th day of Nov. 1898.
John Bowman Clerk.
Last Will and Testament of
I, Catherine Phillips, being
of sound mind and disposing memory, and being desirous of
making disposition of my property to my own satisfaction,
do make and publish this my last will and testament. Hereby
revoking and making void all others by me at may time made.
First: I direct that my funeral
expenses, doctor Bills and all my debts of every kind paid
as soon after my death as possible, out of any moneys that
I may die possessed of or as may first come into the hands
of my executor.
2nd: I direct that after my death a set of tomb stones be
placed at my grave, the price of which not to exceed $40.00.
3rd: I desire that my Daughter
Bettie Comer have one third of all my household and Kitchen
furniture and if such divisions cannot be made satisfactorily
in quantity by and between my two Daughters, then I direct
that my Executor assess the value of such household and
Kitchen furniture and have paid to her Bettie Comer out
of my estate one third of said appraisement in cash.
4Th: I give and bequeath to
my daughter Mary Loy, all my household and Kitchen furniture
not heretofore given to my daughter Bettie, and if the value
of said property has to be assessed as herein before provided,
then she my said daughter, Mary Loy, shall pay to my said
daughter, Bettie Comer the (1/3) one third in value of such
furniture. In case I shall not have sufficient of other
estate in money, notes or other personal property, to pay
same, then and in that event she Mary Loy, is here given
the entirity of my household and kitchen furniture.
5th: I give and bequeath to
my daughter, Mary Loy, all other property of every description
which I may die possessed of both real and personal - my
house and lot in the town of Jacksboro, all my notes, accounts,
or other evidences of debt, cash etc except as hereinafter
6th: I give to each of my following
named grand-children the sum of $1.00 one dollar in cash
to wit: Willie Loy, Milton Phillips, Sherman Phillips, Foster
Phillips, John Comer Sr, James Comer, George Comer, Kate
Miller (now Comer). Mary Mason, Linton Isley, Emma Buckner,
Flora Atchley, Nanney Comer, Evart Comer, John Comer, Jr,
Texas Comer, Lula Comer, Willie Comer, Milton Comer, Frank
Comer, ??? A. Bowman, G.M. Phillips.
Lastly, I do hereby nominate
and appoint Jno J Graham my executor.
In Witness whereof, I do to this my will, set my hand, this
the 27th day of September 1895.
Catherine X Phillips
Signed, Sealed and published
in our presence, and we have subscribed our names hereto
in the presence of the testator this September 27, 1895.
A. B. Lindsay