Campbell County Wills
Will of Catherine Phillips
 

Contributed by Donald J. Phillips 

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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?) Loy.

Donald J. Phillips
Roswell, GA
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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 Catherine Phillips

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 provided.

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.

her mark
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.

Alex Loyd
A. B. Lindsay

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