This was a bill in Chancery, filed in Monroe Circuit Court, by Abraham Borland, against Zeno Philips, Wray Philips, Reuben Saffold, and Mary his wife, John C. Philips, Sidney Philips, Francis H. Philips, Amarinth Philips, Elizabeth Harrison, Joseph King, John Darrington, James D. Godbold, and Joel E. Cannon, heirs, and devisees, and parties in interest, in the estate of Joseph Philips, deceased.
The object of the bill, was to subject certain of the lands of the testator, in the possession of the defendants, to the payment of a debt due by the said Joseph Philips, to the complainant.
The bill set forth many facts and allegations, which it is not deemed essential, to a history of the cause, as determined, to notice. Those material to be shewn, were, that Joseph Philips, in his life-time, to wit, on the fourth day of November, 1818, made, and delivered to the complainant, for a valuable consideration, a certain promissory note, for the sum of five thousand dollars; that, in 1820, or 1821, the said Joseph Philips departed this life, possessed of a large real and personal estate-—of the probable value of twenty or thirty thousand dollars; that said Philips executed his last will and testament, which was in the words following, that is to say:
“In the name of God, Amen! I, Joseph Philips, of the County of Clarke, and State of Alabama, being sick of body, but of sound mind, and of disposing memory; and, calling to mind the uncertainty of human affairs, and being desirous to dispose of all such earthly estate, as it has pleased God to bless me with-I give and bequeath the same, in manner following, viz:
1st. I will, that all my just debts should be paid, previous to any distribution of my estate between my legal representatives, except so much as may be necessary for the support and education of my children.
2dly. Having already provided for my two daughters, Elizabeth Harrison and Mary Saffold, as liberally as I feel myself able and willing to do, I therefore give and bequeath to each of them, one dollar.
3dly. I give and bequeath all my estate, both real and personal, to be equally divided between my other children, viz: four sons, Zeno, Wray, John C, and Sidney; and two daughters, Frances H., and Amarinth.
4thly. I ordain and appoint Reuben Saffold, Esq. and my two sons, Zeno and Wray, executors of this, my last will and testamony."
Witness & etc.
Source: Reports of Cases At Law And In Equity, Argued and Determined in the Supreme Court of Alabama, Vol. III, January Term, 1836, Darrington, et al vs. Borland, published 1837; Pgs. 9-42
