Last Will and Testament of Isham Phillips [Illegible words represented by "_____________" ]
I, Isham Phillips, of the county of Bullock and state of Alabama, being of sound mind and disposing memory but considering the uncertainty of life with my existence do _______ this my last will and testament in ______ and as follows, that is to say, First that my executors hereinafter ________ shall________ for my a decent burial such able the wishes of my relations and friends. And fray all funeral expenses together with my just debts, howsoever and to whomsoever owing any of the money that may first come into their hands is a part or parcel of my estate.
I give and devise to my beloved wife, two cows and two calves, one mare named Sallie and my household and kitchen furniture.
I give and devise to my eldest daughter Nancy Ann Elizabeth fifty dollars.
I give and devise to the heirs of my eldest son William Henry fifty dollars to be equally divided among them.
I give and devise to my son John Thomas fifty dollars.
I give and bequeath to my daughter Isabell Josephine two cows and two calves and one mule named Mary.
I give and bequeath to my son James Andrew two cows and two calves and one mule named Nellie.
I give and bequeath to my son John Henry two cows and two calves and one mule named Jack.
I give and devise to my son Lewis one mule, two cows and two calves.
I give and bequeath to my daughter Mary Alice one mule named Rhoda and two cows and two calves.
I give and devise to my five children namely, Isabell Josephine, James Andrew, John Henry, Lewis and Mary Alice all the real estate I now own, all my hogs to divided among them as they see fit, when my youngest daughter Mary Alice shall become of age which shall not be until the eighth day of August, 1898 - My will and devise is that all the residence [residual?] of my estate (if any) after taking out the devises and legacies above mentioned shall be sold and the debts owing to me collected and if there should be any surplus over and above the fray _____ of debts, expenses and ______ that such surplus shall be equally divided among five of my children namely, Isabell Josephine, James Andrew, John Henry, Lewis and Mary Alice.
And lastly, I do hereby _____ and ______ my son James Andrew and my wife Mary my lawful executors this my last will and testament and they are released from giving bond.
In witness whereof I, the said Isham Phillips, do hereunto set my hand and seal this second day of July, 1892.
Signed sealed and established and declared by the said Isham Phillips to be this last will and testament in the presence of us who at his request and in his presence do _____ our names as witnesses thereto.
E. W. Pickett
R. E. Pickett [In later documents this surname is shown as Phillips]
Isham Phillips Dec'd } Probate Court January 8, 1894
Executor of Probate } This day comes James A. and
Of his will } and files his petition in writing
And under oath therewith producing and filing in this court an instrument of writing ______ to be the last will and testament of Isham Phillips deceased and praying for such orders and decrees and proceedings as may be proper and _______ for the due probate and record of said will in this court, which said instrument appears to be attested by E. W. Pickett and R. E. Phillips both of whom reside at Indian Creek Alabama and who are alleged to have signed the same as ________ witnesses thereunto, and it appears to the court from said petition that said petitioner is name in said will as the executor of the same and that names ages conditions and residence of next of kin are as follows-
Nancy E Chance..........fifty-two years old..........Perote, Ala
J. H. Phillips................24 years old .................Bullock Co.
Lucy Phillips...............22 years old..................Bullock Co.
Geo Phillips................19 years old..................Bullock Co.
D. B. Phillips...............44 years old..................Bullock Co.
J. T. Phillips................39 years old..................Chapell Hill Sevier Co. Ark
S. J. Phillips................29 years old..................Perote Co. (sic) Alabama
J. A. Phillips................20 years old..................Bullock Co. Alabama
J. H. Phillips...............19 years old..................Bullock Co.
Lewis Phillips.............17 years old..................Bullock Co.
Mary A. Phillips..........Bullock Co.
It is ordered by the court that the twelfth day of February 1894 be set to hear as a day to hear testimony in proof of such instrument as such will. Also, the said E. W. Pickett and R. E. Phillips be subpeoned to be ________ before said court, to testify and give evidence touching many facts relating to the validity of such instrument as such will. That notice of the day set for hearing said executor be given to all the above named heirs by issuing citations to them except J. T. Phillips who resides at Chappell Hill Sevier Co. Arkansas who shall be notified by publication in the Union Springs Herald Newspaper, published in Union Springs Alabama, for three consecutive weeks.
S. T. Frazer Judge of Probate
Isham Phillips deceased } Probate Court Bullock, County June 22, 1896
__________settlement } This being the day to which this case was regularly continued to hear and pass upon the accounts heretofore filed by J. A. Phillips as the executor of said estate for an annual (?) settlement of his administration thereof now comes the said J. A. Phillips and moves the court to proceed with such settlement and that said account be passed and allowed (?) and it ___________________________________________________________ and at three other public place in said county – for four week next before the day set for this settlement and D. S. Bell ….. who was heretofore appointed to act as guardian ad litum for and to protect the ______ of Lewis and Alice Phillips, the minor heirs of said decedent in the pending settlement now appearing in open court – consenting in writing to act – and contesting such settlement, the court proceeds to examine said account and to hear the proof in relation (?) thereto where _____ it is found that said Executor has record (?) in stock goods, personal property and cash of the assets of said estate, the sum of One Thousand Five Hundred and Sixty Six and 75/100 Dollars, that he has justly expended in and about (?) the _____ and charges attendant upon said administration and paying the just debts of said deceased, and in accordance with the terms and of the will of said deceased the sum of One Thousand Seven and 70/100 Dollars. Leaving in his hands in goods, stock, and personal property of said estate to the amount of Two-Hundred Fifty Nine and 05/100 Dollars. It is therefore ordered and adjudged and decreed by the court that said account be and the same is hereby in all things passed and allowed as above stated and the executor having filed with the accounts about stated and at the same time his accounts against the heirs and distributes of the estate of said decedent together with the vouchers and evidence in support of same. Now upon examination of said accounts by the Court, it appears to the Court that the said executor has paid the following sums to the respective parties named the same being an account of this respective distributive shares of the estate of said decedent according to the terms and directions of the will of said deceased to wit:
__? Amt(?) - Burial Expenses.................................................2750.00
" Cost probating will of Isham Phillips.....................................12.60
" Notice probating will................................................................4.00
" State and County Taxes (1893)..............................................12.84
" Lula Phillips Legacy ............................................................16.65
" J. H. Phillips Legacy.............................................................16.65
" N A E Chance " .............................................................50.00
" D B. Phillips " .............................................................50.00
" Burial Expenses of Mother.....................................................24.75
" State and County Taxes (1894)...............................................10.42
" Tombstone Father & Mother....................................................12.00
" J T Phillips Legacy..............................................................50.00
" amt pd Manasses (?) for Family & Plantation.........................37.95
" " " Martin & Andrews for Family & Plantation..................32.53
" " " East Ala Fert. Co.........................................................49.25
" " " G F Pope for labor for planting...................................11.90
__? Amt pd W B Phillips for Family & Plantation..........................34.24
" " " G W Harrison " " " .................................11.80
" " " D H Phillips " " " .................................39.00
" " " J R Mc Dowell " " " ...................................3.80
" " " C P West " " " ...................................1.25
" " " J B & J D Farris " " " ...................................2.40
" " " T R Parris & (?) " " " ...................................5.15
" " " J R Pickett " " " ...................................4.55
" " " C W Rumph " " " ....................................1.60
" " " N B Powell " " " ......................................?
" " " W E Pierce " " " .................................118.00
" " " ?
" " " ?
" " " W M Bichly " " "
" " " State & County Taxes (1895) .....................................8.00
" " " ____ for labor
" " " Walker & Ziegler for Med Services..............................36.00
" " " Labor making crop 1895.............................................64.00
" " " Cotton Press.................................................................15.00
" " " Gathering Crop 1895....................................................69.00
" One cream colored mare died...................................................25.00
" One mule Nellie property of J A Phillips _____ will..................75.00
" " " Jack " " J H Phillips " " ..................70.00
" " " Mike " " Lewis Phillips " " ..................50.00
" " " Rhoda " " Alice Phillips " " ....................8.00
" " cow Mamie " " " " " " ....................8.00
" " " Sarah " " " " " " ....................8.00
" " " Mary " " J H Phillips " " .....................8.00
" " " Mollie " " " " " " .....................8.00
" " " Doll " " J H Phillips " " ....................8.00
" " " Red " " " " " " ....................7.00
" Red spotted steer the private property of J A Phillips................8.00
" " " heifer died valued at .........................?
" amt attorney fee for this settlement..........................................25.00
" " _____?_____ on $854.25...............................................42.00
It is ordered that the consideration and allowance of said payments as made by said Executor be passed and allowed in all things. It is further ordered that paid accounts _________ evidence and statements together with all other papers on file pertaining to this settlement and the proceedings be recorded. It is further ordered that said Executor pay the costs and expense of this settlement to be allowed to him against said estate. S. T. Frazer Judge of Probate
