David Walter Phillips

Notes:

State of Georgia, Tattnall County:

I David T. Phillips of said state and county being of advanced age and feeble
in body, but of sound and disposing mind, and memory and being desirous of
making a disposition of my property while I have strength and mind so to do,
do make and publish this, my last will and testament, hereby revoking all
other wills made by me at any time heretofore.

Item First: I desire and direct that my body be buried in a decent and
Christian like manner suitable to my circumstances and condition in life. My
soul I commend to God who gave it.

Item Second: I will and direct that all my just debts be paid without delay
by my Executors hereinafter named, as it is my desire that all just demands
that may be standing against me at the time of my death shall be fully
satisfied. I further direct that my Executors proceed without unnecessary
delay to collect all notes, accounts, and other evidences of debt that I may
own and hold in my own right, at the time of my death, including also such as
I may hold against my several children hereinafter named, or either or any of
said children and such demands when collected to be applied to the payment of
my debts, if any, and the balance, if any, to be distributed among my children
as hereinafter directed.

Item Third: I give and bequeathe to my beloved wife Lucy Phillips, fifteen
head of stock cattle, to be selected by herself from my stock of cattle. I
also give to my said wife twenty-five head of hogs, such as she may see fit to
select from my stock of hogs. I also give to my said wife one good gentle
horse suitable for her to use and manage and one substantial easy riding one
horse buggy. And should I not own such horse and buggy at the time of my
death, in that case I will and direct that my Executors shall purchase with
funds out of my estate a suitable horse and buggy for my said wife such as I
have described, and turn the same over to her as soon as convenient after my
death. I also give to my said wife one hundred dollars in money to be paid to
her without unnecessary delay after my death. I also give to my said wife all
of my household and kitchen furniture. I will and direct also that my said
wife shall receive a reasonable years support for the first year after my
death, to be selected by my said wife from such provisions as I have on my
place at the time of my death, the quantity selected to be agreed upon between
my Executors and my said wife. Also the said money and property my said wife
is to have, use, and control, and dispose of as she may see fit without any
condition or limitation whatever.

Item Fourth: I will bequeathe and devise to my beloved wife Lucy Phillips for
and during her natural life only and in lieu of her right of dower in my
lands, the following described tracts and parcels of lands, the following
namely: ninety eight (98) acres of land embracing the place on which I live
and cut off of the northwest corner of a tract of land granted to Thomas Ford
October the 19th 1814. Ninety eight (98) acres cut off of the west side of two
hundred and twenty (220) acres of land granted to George Cooper September 27th 1820. A tract of four hundred (400) acres of land granted to Richard Cooper November 17th, 1806. All of said several tracts and parcels of land joining each other, and bounded on the north and west by lands of Benjamin Carter, on the East by lands of M. D. McArthur, Ida McLeod, and D. W. Phillips.

And on the South by the Altamaha river. My said wife to have possession of said
described lands during her natural life time, and have, use, control, and
enjoy all the rents, profits, and issues arising therefrom during said time.
On the death of my said wife I will and bequeathe the several tracts and
parcels of land mentioned and described in this item of my will in trust to my
son, David Walter Phillips for the use and benefits of my son, Millard Carlos
Phillips for and during the natural life of said Millard Carlos.

It is not my will and desire that my said son Millard, shall have the titles to said lands for the reason that he is extravagant, wasteful, and intemperate. But I will
and direct that he shall have full possession of such lands for and during his
life time, and have use, control, and enjoy during said time all the rents,
profits, and issues from said lands and to dispose of the same as he may see
fit after the death of my said wife.

Upon the death of said Millard Carlos Phillips, I will and direct that said lands shall be turned over by said trustee to the children of the said Millard Carlos Phillips should he have any children surviving him. And in the event of his death without having any child or children, then it is my will that said lands shall go to and become the property of my children, the brothers and sisters of said Millard Carlos Phillips or their legal heirs, should they or any of them not be living at
the death of the said Millard Carlos they to share and to share alike in the
division of said lands. But should said Millard Carlos leave a widow surviving
him, I will and direct that she have a home and comfortable support out of
said lands during her life or widowhood.


Item Fifth: I give bequeathe and devise to my daughter Amanda Missouri Kinard two hundred (200) acres of land the same being part of a three hundred acres survey granted to Elijah Mattox, Jr. September 3rd 1832. Also one hundred and fifty seven (157) acres of land granted to James Drawdy, December 4th 1837. Said two tracts of land joining each other and bounded on the North by lands of M. D. McArthur on the East by Ohoopee river and lands of M. D. McArthur, on the South by the Altamaha river and M. D. McArthur, and on the west by lands of D. W. Phillips and Ida McLeod and better known as the Hart lands which lands I will and direct shall be valued at six hundred ($600) dollars in the distribution of my Estate.

Item Sixth: I will and direct that the tract of land which I have heretofore
conveyed by deed to my son David Walter Phillips shall be accounted for by my said son as an advancement and valued at nine hundred ($900) dollars in the
distribution of my estate.

Item Seventh: Having heretofore advanced to my son W. R. Phillips land and
other property to the amount of six hundred and thirty two ($632) dollars, I
will and direct that my said son shall account for said amount as an
advancement in the distribution of my Estate.

Item Eighth: Having heretofore advanced to my son J. F. L. Phillips land and
other property to the amount of six hundred and seventy two ($672) dollars, I
will and direct that my said son shall account for said amount as an
advancement in the distribution of my Estate.

Item Ninth: Having heretofore advanced to my daughter Ida E. McLeod land and other property to the amount of seven hundred and sixty nine ($769) dollars, I will and direct that my said daughter shall account for said amount as an
advancement in the distribution of my Estate.

Item Tenth: I will and direct that the tract of land that I have heretofore
conveyed by deed to my son B. C. Phillips shall be accounted for by my said
son as an advancement and valued at four hundred ($400) dollars in a
distribution of my Estate.

Item Eleventh: I give and bequeath to my daughter Maud A. Pearson one equal distributive share of my Estate to be paid to her in money by my Executors.

Item Twelfth: I will and direct that my two tracts of lands known as my Bell
lands, one containing three hundred acres, and one containing three hundred
and twenty five acres, both tracts granted to Joseph J. Bell December 19th
1829, be sold by my Executors at private or public sale as they may think best
for the payment of debts if any and for distribution among my said children.


Item Thirteenth: After accounting for the special devises and advancement as
directed in items 5th, 6th, 7th, 8th, 9th, and 10th, of this will and a
sufficient amount has been paid to those of my children who have not been
advanced to make them equal with those who have been advanced, then it is my
will and desire that the remainder of my Estate whatever it be, shall be
equally divided between my eight children named in this will, all to share and
share alike in the distribution of the same.

Item Fourteenth: I hereby appoint my two sons, David W. Phillips and Joseph F. L. Phillips, Executors of this my last will and testament, trusting to them implicitly to faithfully execute every provision thereof. This 28th day of
February 1894.

Signed,
David T. Phillips

Witnesses were John Pearson, W. A. Pearson, G. E. Merriman, and James D. Swain.

David married Lucy A. (Phillips) about 1864 in Georgia, , , . Lucy was born about 1830 in Emanuel County, , , Georgia. [Group Sheet] [Family Chart]