LAST WILL AND TESTAMENT OF THOMAS PHILLIPS, DECED. I Thomas Phillips, being of sound mind and perfect memory, do make and publish this my last will and testament in manner and form as follows. First: give and bequeath to my beloved wife Elisabeth Phillips, after all just dues and expenses are paid, all my ready cash and cash demands. Next: All my lands which I now own or here after pocess, Next: All my stock in including my horses, mules, cattle, sheep and hogs, all the household and kitchen furniture of every description during her natural lifetime, together with all the rents and profits arising from the same, and further that She shall have the sole control of all the above named effects and if she should be molested in the right or enjoyment of the same by intrusion or otherwise, I direct and appoint Michael Phillips or John Phillips my sons or Charles Langford my son in law or any of the other heirs to remove the intruder by suit or otherwise, all that my wife Elizabeth have possesion and control of my three slaves Viz Mariah and her two children and their increase, and the profits of their labor during her natural lifetime, conditioned as follows, if Mariah or any of them should become sasey or refuse to be controled by my wife, Elizabeth, then at her request, I hereby appoint my son Michail Phillips to sell them at private ! sale or otherwise and pay over the money, after reserving to himself, enough to pay him for his time and other expenses incident to the sale, to my wife Elizabeth Phillips for her use and benefit in life. Second: After the decease of my wife Elizabeth, I direct that the following disposition be made of the remaining effects of my estate: First: I give and bequeath after the decease of my wife Elizabeth unto my two daughters Polly Phillips and Nancy Phillips for their extra labor and service & care towards me and Elisabeth the house tract of land on which I now live or a portion of the same bounded as follows, beginning on a black walnut on the East Side of an old house place near where John Phillips formerly lived, running west or nearly so to a persimmon on the East side of the road leading to Michael Phillips old residence continuing the same course to the Whitaker Branch or West boundary of my home tract, Thence running North with the courses with the West boundry and so on with the courses and distances to the beginning including all the land North of said line to have and hold equally between them. I further give and direct that my two daughters before named viz Polly Phillips and Nancy Phillips have in addition to the land already bequeathed, one horse beast each to be equal in value to the ones the other heirs got who have married heretofore, also one cow and calf to make them equal to the other children also all the house hold and kitchen of every description of my estate that may be remaining at the decease of my wife Elizabeth. Also an equal portion with the major part of the heirs here after mentioned. After the decease of my wife Elizabeth, I direct that all the remaining portion of my efects not already bequeathed, be sold and divided as follows. To Wm Loftis and his wife Rachel Loftis on the account of ill treatment towards me and family by said Loftis in health(??) I only bequeath to said Wm. Loftis and wife Rachel Loftis one dollar to be paid out of the residue of my estate. The remaining portion of my estate after paying all reasonable expenses to be! equally divided between Michael Phillips, John Phillips my sons and Polly Phillips, Nancy Phillips, Jane Loftis, Mandy Langford daughters and to my decd. son David Phillips family heirs viz Joseph Phillips, John Phillips (grn) George Phillips and Lurany Phillips the portion that would be due their father David Phillips deceased as an equal heir of the residue of my estate to be equally divided between the above named Joseph, John, George and Lourany Phillips. And I further desire and direct that no further administration of my estate be made untill after the decease of my wife Elizabeth Phillips unles it be for the purpose of distributing suit or some other specified purpose. And I hereby appoing Michael Phillips executor in testimony where of I here with set my hand and affix my seal this July 14 1863. Signed in presence of us Thomas X Phillips A W Lane his mark H C Brown State of Tennessee Overton County November Term County Court 1870. This day was presented in open court and fully proven the written will of Thomas Phillips deced. by the subscribing witnesses whereto, to wit A W Lane and J C Brown the latter whose hand writing was fully proven by Wm. Brown and the said A W Lane and the same was ordered of record and filed. Witness my hand this the 7th of November 1870 W P Chafin, Clerk