Will of Dabney Phillips

Submitted by David Clark Dorsey

Return to the VAGenWeb Mecklenburg Co. Project


Will of Dabney Phillips, 
Nov. 25, 1805, Proved Sep. 8, 1806 Mecklenburg Co, VA 
WB 5 p. 370-372
{not final proof}
 
In the name of God amen I Dabney Phillips of Mecklenburg 
County and the State of Virginia now in my perfect sences & of 
sound mine and memory do make and ordain this to be 
My last will and testament in manner and form following 
Imprimis It is my desire that all my estate, both real and 
personal be held in position by my beloved wife Martha 
Phillips until the tenth of December Eighteen hundred and 
fourteen, for the support of herself & children at her 
Descression, and then for it to be divided in the following 
Manner. Viz.  My wife to have the tract of land I now 
live on and one hundred pounds ___ over and above that 
to have an equal part of all the rest my estate, with 
my then surviving children.  Item It is my will & 
desire that if it should please God to remove my beloved 
wife Martha Phillips from this life before the 
expiration of the above date Eighteen hundred & 
fourteen, then and in that case that the children 
that shall then be living in the state of celibacy, should 
have the use of said house and plantation until 
they shall marry & no longer, but should they not marry 
It is my desire they should have and enjoy said house & 
Plantation as their home at their discretion untill the 
Above date eighteen hundred and fourteen and no longer 
Item whereas my son Archibald Phillips has departed 
This life, I wish and desire that the property which 
I let him have to be considered as my estate to the 
Amount of one hundred and twenty pounds & then 
In this case when my estate is divided for his five 
Children, John, Archer, Sarah Speed, Dabney, and 
Martha Hix Phillips orphans of the said Archibald Phillips 
Deced to come in for one equal part of my estate with 
my children and that one equal part to be equally 
divided between the said John Phillips, Archer Phillips, 
Sarah Speed Phillips, Dabney Phillips, and Martha Hix Phillips
Item, whereas it hath pleased the Almighty to remove
my my Daughter Nancy Pettus Hill from this life, my
will and desire is that she nor her husband, Richard
Hill, nor either of their heirs should come in for any part
of my estate which I left her in a former will.
 
Meck. Co, VA WB 5 p. 371
 
But the child she left name Dabney Pettus Hill I desire 
he should be raised and schooled on my estate at the 
discretion of my executors hereafter named, and should he 
live to the age of twenty years I give unto him one Negro boy 
named Ben, or one hundred pounds as my wife Martha 
Phillips and my executor thinks best, but should Dabney 
Pettus Hill depart this life before he shall arrive to the 
age of twenty years it is my desire that the said legacy should 
return to my estate.  Item It is my will and desire that 
Mary Jeter, Dabney Phillips, Jane Phillips, Martin Phillips, 
Elizabeth Hix Phillips, James Phillips, Pettus Phillips 
and Martha Holeman Phillips, my children should have 
each one equal part of my estate both real and personal after the 
expiration of the tenth day of December Eighteen hundred & 
fourteen.  To as not to interfear with other devises herein 
contained.  Item It is my will and desire that such a part 
of my estate as may fall in the possession of my wife 
by this will may be considered as only lent during 
her natural life and at her death may be equally 
divided among my above named children.  Item It is my 
will and desire that at the death of my wife Martha 
Phillips the land I lent her be sold to the highest bidder 
on two years Credit & the money arising from such sale to be 
equally divided my surviving children but if she dies 
before the tenth day of December Eighteen hundred and fourteen 
then and in that case my will and desire is that the land 
house and plantation be reserved as in a former divise 
as a home for such of my children as shall be & continue 
in a state of selibacy until the tenth day of December 
Eighteen hundred and fourteen.  Item It is my will and 
desire that if any of my Children die without lawful issue 
that whatever he or she hath received of my estate be equally 
Divided between my surviving children.  It is my 
will and desire that not any child of mine be entitled 
to any part of the above divisons mentioned or in any 
 
Meck. Co, VA WB 5 p. 372
 
wise alluded to until he or she renders a Just account 
of all that he or she hath received or may receive prior to 
any such divisions in order that each child may have 
an equal part of my estate.  Item It is my will and 
Desire that my tract of land situated & laying on 
Allens Creek in said County be considered under 
the same tenure as that on which I now live. 
Item It is my will and desire that my beloved wife 
Martha Phillips as Executrix, my son Dabney Phillips 
and Martin Phillips & my good friend Allen Young 
as executors do have this my last will and Testament recorded 
and fulfilled in Witness whereof I have here unto set 
my and Seal this twenty fifth day of November one 
thousand Eight hundred and five 
 
Witness                             Dabney Phillips (seal)
James Meacham
John Young
Polly Tanner
Pettus Phillips
Edward Holloway
 
                     Codicil to this my will made this 27 
day of June 1806 herewith that it is my will and desire
that one Desk, six chests of draws and three dressing
tables that I have lately employed Thomas Stone to
make, be disposed of in the following manner Viz.
That my son Dabney Phillips have the Desk and that 
my Daughter Jane Phillips, Elizabeth Hix Phillips and 
Martha Holeman Phillips have each of them one
Chest of Draws and one dressing table and that my
sons Martin Phillips, James Phillips and Pettus Phillips
have each of them one Chest of draws to which I have
set my hand and affixed my seal this day and date
above mentioned in the presence of
Witness
Petus Phillips                               Dabney Phillips (seal)
Asher Stone
Thomas Stone
 
 
 
 
 
Meck. Co, VA WB 5 p. 373
 
At a Court held for Mecklenburg County the 8 of September 1806
This will was proved by the oaths of John Young, Pettus
Phillips and Edward Holloway witnesses thereto and the 
Codicil there under written was proved by the oaths of Petus
Phillips, Asher Stone and Thomas Stone witnesses thereto and 
ordered
to be recorded, and on the motion of Martha Phillips and
Dabney Phillips the exoc and exro therein named who
made oath thereto and together Frances Hester, James
Hester, John Roffe Pettus Phillips, Samuel Farrar, and Hutchins 
Ferrell their securities entered into and acknowledged their
bond in the penalty of fifteen thousand dollars conditioned
as the law directs Certificate was granted them for
obtaining  aprobal thereof in due form liberty being
reserved for the other exer therein named to join in the probal
when he shall think fit
                          Teste   William Baskervill  _____ _____