Lenoir County NcArchives Wills.....Phillips, William Estate 1853
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File contributed for use in USGenWeb Archives by:
Martha M. Marble http://www.genrecords.net/emailregistry/vols/00022.html#0005285 January, 2001


SUPREME COURT CASE - WILLIAM PHILLIPS ESTATE

Abstracted by Martha Mewborn Marble

JOSEPH A. HARTLEY & WIFE MARY, WARRE L. KILPATRICK AND WIFE 
ELIZABETH, ARGENT PHILLIPS, REBECCA PHILLIPS, and JACOB A. HARTSFIELD AND WIFE 
MARTHA ANN  VS STEPHEN C. PHILLIPS, DRURY H. PHILLIPS AND WILLIAM L. 
PHILLIPS  - all of Lenoir County

Supreme Court Case #7546 - NC Archives, Raleigh, NC.

There are numerous folders for this case and when I looked at it in 
1986, only about twenty five pages were copied.

William Phillips, Sen late of the County of Lenoir on the --- day of 
--- AD 1852 died intestate and the defendants Elizabeth, Argent, 
Rebecca, Mary, and Martha Ann were his children, next of kin and heirs at 
law.

Administration upon the estate was given to Stephen C. Phillips at 
the ---- term of the Court of Pleas & Quarter Session of the County of 
Lenoir AD 1853.  It has been more than two years since the letters of 
Administration were issued and the estate has been fully 
administrated so far as paying the debts of said intestate and the next of kin 
are now entitled to an account of said administration. All the negros 
of estate to be delivered for the purpose of a division among the 
heirs. The negros are:

NOTE - some of these names are not readable -

Isaac, Primus, July, Iser, Moses, Frank ??, Jacob, Levi, Lince ??, 
Peter, boy Walter, Ben Jack, Gabe, Luke, Sally, Cherry, Hannah, boy 
George, Pamer ?? and child Jonah, boy Dempsey, Rosettta & her child, 
Garvia ??, Flora and her three children, Raina ?? and three children, 
Patience and one child, Burney, Nelly, boy Henry, York, Kate, Jenny, 
Chance, Burton, Harriett, Gamy ??, Abby, Isham, Wesley and Bridget & 
her two children

All were the property of said intestate at the time of his death or 
have been born of slaves who were his property at the time of death. 
The defendants were entitled to their share.

The orators further show that during his life the said intestate was 
seized and possessed of a large real estate of very great value, all 
of which prior to his death he conveyed to the said defendants to wit

To said Stephen C. Philips a certain parcel of land and plantation 
situation on Contentnea Creek in said County of Lenoir adj the lands of 
Barney Philips & others containing about 205 acres and sold by the 
said Stephen C. Philips for $2050

To said Drury Philips a parcel of land and plantation in said County 
adj the lands of William Ormond and others, containing about three 
hundred acres and of value of $3000

To said William Philips a parcel of land and plantation in said 
County adj the lands of William Roundtree, Columbus Dunn & others 
containing about ___ acres and of value about $2500.

During his lifetime the said intestate gave to the defendant, Stephen 
C. Philips, the following personal property to wit - negro man Jack 
of value about $1500 and in cash $500 and a mare and colt of value 
$100

And to defendant Drury one horse of value $100

And to the defendant William one ?? of value $50 and one mule worth 
$100

Your Orators further show that all said gifts of personal estate by 
the said intestate to his said children the defendants now without 
consideration and more advancements made by said intestate to said 
defendants, the said real estate being all of which the said intestate was 
possessed and the shares of said defendants in the estate of said 
intestate of much "more value than equal to the shares which descended 
to your orators his other children".

Your orators further show that the complannant Joseph A. Hartly has 
intermarried with said Mary, and Worry Kilpatrick with said Elizabeth, 
and Jacob A. Hartsfield with said Martha Ann.

Your orators show that they are entitled to their share of the 
administration and wish the estate distributed


Report of the Committee 

Martha Ann the sum of $24
Elizabeth the sum of $80
Stephen C. Philips the sum of $2032.50
Drury H. Philips the sum of $2206
William L. Philips the sum of $2792.80

With interest from Jany 1854. We further show the partition of the 
slaves by the defendants is utterly null and void and the plantiffs are 
entitled to have partition redone based on their value


ANSWER OF STEPHEN C. PHILLIPS - Fall Court, Lenoir County, 1855

Stephen C. Phillips was the administrator. It is true as charged that 
William Phillips departed this life intestate sometime in the year 
1853 and at the January Term 1854 of the Court this defendant was 
appointed administrator upon his estate. He used all due dilligence in 
endeavoring to settle the estate and has made much progress but has not 
been able to clear up all the debts some of which were matters of 
litigation.

Defendant admits that at the death of the said William, he owned the 
several negro slaves mentioned in the bill.  John P. Dunn, James 
Cannady and Thomas Harvey Esq were the Committee to divide the negroes. 
They met on 6 January 1855 and divided them into eight equal shares. 
Each person drew their lot and took their division home. Some of the 
parties have sold their slaves, some have had the misfortune to loose 
some of theirs by death. The defendants says it would be impossible 
to redivide all of them and the ones he kept to pay off the estate 
debts can't be divided. He has no slaves in his possession he is not 
entitled to except Jacob. It was agreed that Jacob would be sold to pay 
the debts but he has not been sold.

Defendant admits his father did make to him several advancements in 
his lifetime as follows

One negro man worth $300, 205 acres of land worth $1200, Cash $375, 
one horse worth $40, one mare and colt worth $50, one cow and calf and 
2 hogs with $9, one pair of cart wheels worth $6.00, plough and gear 
worth $5.00

Defendant is ready to account for his said advancements upon the 
final settlement and he charges that advancements were also made by his 
said father to all of his said children and they ought also to be 
required to render on oath an account.

ANSWER OF DRURY H. PHILLIPS

Said the same as Stephen C. Phillips above - in addition

He stated that his father William Phillips did convey to him a piece 
of land containing 325 acres which was worth at the time only $1500, 
also one horse, worth $60, one bed worth $15.00, one cart worth $12, 
one cow worth $6.00, one colt worth $20.00, one pair of candlesticks 
worth $1.50, one wash basin worth $2.60, sow and pigs worth $8.00, 
two sheep worth $1.50, ploughs worth $4.00, lot crockery ware worth 
$2.00, spoons worth $5.00 and that is all he was advanced

The complanants received several valuable advancements in money and 
other articles from the said William Phillips that should be accounted 
for.

NOTE: There may have been answers for the rest of the children, but I 
did not copy them. I did make a note that William L. Phillips gift of 
land was for 404 acres.



THE REPORT OF THE COMMISSIONERS - no date

The heirs were alloted unequal shares, especially Rebecca Phillips

Argent Philips                                $198.66
Drury Philips                                    186.70
Warry Kilpatrick & wife Elizabeth     20.76
Stephen C. Philips                            516.81
William L. Philips - 
Common share by                             332.38
Jacob A. Hartsfield & wife Martha Ann   404.28
Joseph A. Hartly & wife Mary           724.96

It is decreed that the slaves allotted in partition shall be the 
personal property to whom they are allotted to wit

Stephen C. Philips shall have  Hawk, Cherry and Jinny and those 
advanced to him by the intestate

Drury H. Philips shall have Harriet, Kate, Ike and what advanced by 
the intestate

William L. Philips shall have Sime and what advanced to him

Warry Kilpatrick shall have as administrator of his DEC wife, 
Elizabeth slaves Tamar, Fan, York, Jonas, Dempsey & Iser

Jacob A. Hartsfield shall have for his DEC wife Martha Ann, slaves 
Binus, Flora and Chanty, Ben, Sarah & children, Willis, Harriet, Sarah, 
Simeon, Raney, Holland & Lyley

Argent Philips shall have Jack, George, Icles ??, Hannah, West, Gabe

Jacob A. Hartley is right of his DEC wife Mary - Lallenus & children, 
Oliver, Nancy, Sarah Ann, Jerry, Abby, Chaney, Zilpha & Primus


DEPOSITIONS REGARDING THE LAND GIVEN BY WILLIAM PHILLIPS TOHIS SONS

John P. Dunn stated he was acquainted with the lands advanced to 
Stephen C. Phillips. William purchased the land from the said - name is 
not readable but could be Dunn - in the year 1839 and he paid $2,050 
for the tract of 205 acres. Dunn stated Phillips paid a larger price 
for the land because it was adj to his land.  The land was worth $7.50 
or $8.00 an acre at that time in 1839.  25 July 1856

James Kilpatrick was well acquainted with the land advanced to 
Stephen C. Phillips and states the land was worth $7.50 an acre in 1839.  
25 July 1856

James Kilpatrick states the land given to D. H. Phillips in the year 
1844 containing 320 acres was worth at least $6.50 an acre at that 
time.    25 July 1856

James Kilpatrick and John P. Dunn state the land give to William L. 
Phillips in 1844 of 440 acres was worth $6.00 an acres in 1844.   25 
July 1856


LIST OF ACCOUNTS COLLECTED FOR ESTATE OF WILLIAM PHILLIPS

1 note on W. L. Kilpatrick                 $125.00
1 note on Wm. Ormonds                         3.00
1 order against Barney Phillips               3.00
1 acct on John Jackson                            3.75
1 acct on Thomas Phillips                      2.56
1 acct on Barney Phillips                      12.25
1 acct on Spencer P. Moore                   1.60
1 acct on Wm. A. Pugh                          4.50
1 acct on C. C. Dunn                                .30
recv from Wm Ormond                          3.23
Rec. from Wm I. Pope                             .80

Amt collected                                   $159.99

List could not collect
Peter Phillips, Sr        $4.50
Levi Wetherington         .20


LIST OF ACCOUNTS BY STEPHEN C. PHILLIPS, ADMINISTRATOR

This list gives the ages of two slaves who were hired out

1855
Jack - 15 years old
George - 17 years old


LIST OF ACCOUNTS BY JACOB A. HARTSFIELD IN ACCOUNT OF ESTATE OF 
WILLIAM PHILLIPS

This list also notes the ages of several slaves

1855
Binns - 44 years old
Flora - 34 years old
Luke - died in 1855
Simon - two years old

1857
Zilpha - 9 years old


LIST OF ACCOUNTS BY DRURY H. PHILLIPS IN ACCOUNT OF ESTATE OF WILLIAM 
PHILLIPS

This list also notes the ages of several slaves

1855
July - 34 years of age
Gabe - 14 years of page
Harriet - 11 years of age
Rainy - 31 years of age

States that Lily and Holland were children in 1855