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Benjamin Philips' Will
Benjamin Philips Decd Will Recorded June 5th 1820
In the name of God Amen. I Benjamin Philips of the County of Davidson and State of Tennessee being in perfect
health of body and sound Disposition and memory, do make and ordain this my last will and testament in manner and form following
(to wit)
First my will and desire is that my funeral expenses and all my lawful debts be
paid.
Item. I give unto my son Jesse Hinton Philips all the land be the same more or
less with all its monuments here determined and appertainanees (to wit) Beginning at the mouth of the Stone lick and running
up said branch until it intersects the line of the land I purchased of William Watkins where it crosses said branch, thence
east with said line to an elm and white ash, the Southwest corner of the land I purchased of James Hoggatt, thence with my
line with its variations to the beginning to his only use, benefit, and behoof his heirs and assigns forever.
Item. I give unto my son William
Hinton Philips all the balance of my land whereon I now live with all and singular the rights and privileges to him his heirs
and assigns forever.
Item. I give unto my eldest Daughter Anne and John S. Williamson her husband two negroes (to wit) Patience and Clary which
they have
Item. I give unto my other two Daughters Rebecca and Eliza four young Negroes each
between twelve and twenty years of age, two girls, two boys each (when they marry or become of age as the case may be, to
their heirs and assigns forever –
Item. I give unto my Grand Daughter Martha Anne Williamson two negroes to be between
the ages of eight and twelve to her, her heirs and assigns forever,
Item. The balance of my negroes
not otherwise appropriated I give unto my sons and two Daughters Rebecca and Eliza to be equally divided among them as they
may marry or become of age to them their heirs and assigns forever. –
Item. If either of my sons above named should die before they become of lawful
age it is my will that the surviving brother shall receive all the Land bequeathed to the two him the Survivor paying to his
two sisters Rebecca and Eliza last named two thousand dollars, one thousand dollars each to be paid within two years from
and after such Decease to them their heirs and assigns each.
Item. It is my will that my distillery be equally divided together with my Mills
between my two sons to them their heirs and assigns forever.
Item. Have on good bed and furniture each to them their heirs and assigns forever.
In testimony whereof I have hereunto set my hand and affixed my seal this twenty sixth day of December in the of our Lord
one thousand eight hundred and eighteen.
Signed sealed and delivered Benjamin Philips
Whitness of
Simon Johnson,
Robert Gillespie,
James Hinton
Benjamin is shown in the
Davidson County Deed Index with the following purchases of land: · James Hoggatt to Benjamin Philips 7 Jul 1798, 347 acres south
side of Cumberland River, deed book D, page 464 · William
Lytle to Benjamin Philips 5 Jan 1801, 100 acres Davidson County, deed book E, page 273 · Dempsey
Fields, et ux to Benjamin Philips 11 Oct 1803, Tract Davidson County, deed book F, page 84 · William Watkins to Benjamin Philips 9 Feb 1808, 227 Acres on
Stones Lick Branch, deed book G page 300. · Jacob
Battle to Benjamin Philips, et al 8 Oct 1811, Power of Atty. · William
Lytle Jr. to Benjamin Philips 26 Jul 1815, 31 ¾ acres Stones Lick Branch
Benjamin Philips'
sons, Jesse and William were both under age and as a result they were placed in
guardianship under Mathew Barrow who rented
the land to James Ridley.
William H. and Jesse H. Philips minor Orphans Guardian
Return Mathew Barrow, guardian to Wm
H & Jesse H Philips,
Orphans of Benjamin Philips, deceased, reports to this court that he has rented
the plantation and distillery whereon said Benjamin Philips formerly live to
James Ridley for and during the term ending 1st January eighteen
hundred and twenty four at eight hundred dollars per year counting the 1st
year from the 11th Feby 1820 to 1st Jany 1821 payable 1st
day of January in each and every year.
Which sum when collected to be equally divided between said orphans,
amounting in the whole to $3200. State
of Tennessee, Davidson County Court, April Session
1820
Mathew Barrow, Guardian to Wm H and Jesse h Philips, minor
orphans, returned into court on oath an account of his said guardianship which
is received by the court and ordered to be recorded.
A
year later, Benjamin’s brother, Joseph Philips who was his executor, reported
to the court (Davidson Co. Court Book 8, pages 48-49) that Mathew Barrow had
resigned as guardian and Benjamin’s son-in-law John Stark Williams was appointed
guardian and the land was no longer rented by James Ridley who had
not paid the rent. A year later Joseph
Philips died and his son-in-law William Williams, a local Judge, became
executor of Benjamin’s estate. Recorded Nov 21st 1821 Benjamin Philips Deceased minor orphans T0 the worshipfull court of Davidson County
lyntternero
(?) In the year 1820 and month of February, James Ridley leased the plantation
whereon Benjamin Philips lived & died from Mathew Barrow, guardian of Wm H
Philips and Jesse H Philips, sons of said Benjamin Philips – said Ridley agreed
to pay to said Barrow 800 dollars per annum for four years thereafter promised
to enter into bond with security to pay the same. But from some cause, not known
to the
undersigned, said Ridley although often solicited, has failed to comply with
the latter part of the contract – The agreement aforesaid made by said Barrow
and Ridley is on record in the county of Davidson at January term of this
court. Barrow resigned his guardianship
and the subscriber was appointed in his stead; and is fearfull that his wards
may suffer in their estate by the refusal or inability of said Ridley to comply
with his contract. The object therefore
of this remonstrance is to cancel the contract made by said Barrow with said
Ridley in order that your remonstrant may leave the control of the real estate
of his wards. (Joseph Philips signature) I am willing that the
court shall cancel the contract (James Ridley signature) A paper writing, produced in court by Joseph Philips,
guardian to William Philips and James Ridley is by the request of said parties
ordered to be entered of record.
The
1920 Davidson County Census shows the following for John Williamson who was William Hinton and Jesse Hinton's guardian at
that time: 1820 United States Federal Census Name: John
Williamson Home in 1820 (City, County, State): Davidson,
Tennessee Enumeration Date: August
7, 1820 Free White Persons - Males - Under 10: 1
(his son
Benjamin Franklin) Free White Persons - Males - 45 and over: 1
(John
Stark Williamson) Free White Persons - Females - 10 thru
15: 1
(Elizabeth
Philips) Free White Persons - Females - 16 thru
25: 3
(his
wife Anne Philips) (?)
and (?) Free White Persons - Females - 26 thru
44: 1 (?) Free White Persons - Females - 45 and
over : 1
(Maybe
Anne’s mother?) Slaves - Males - Under 14: 1 Slaves - Males - 14 thru 25: 1 Slaves - Males - 45 and over: 4 Slaves - Females - Under 14: 1 Slaves - Females - 26 thru 44: 1 Number of Persons - Engaged in
Agriculture: 3 Free White Persons - Under 16: 2 Free White Persons - Over 25: 3 Total Free White Persons: 8 Total Slaves: 8 Total All Persons - White, Slaves,
Colored, Other: 16 It
does not appear that Benjamin’s sons William and Jesse were living with their
guardian in the 1820 census. Who
were the guardian Matthew Barrow and
renter James Ridley? M. Barrow was a witness to Joseph Philips'
will. James Ridley’s house was
pictured in the book “History
of Homes and Gardens of Tennessee (1936) by the Garden Study Club of
Nashville”. I found
the following references to Mathew Barlow that seem
to identify him: 37-138.
116-117. Then
I found the following story: Republican
Banner
The Masonic Record for this month,
contains the following interesting personal notes of celebrated Masons of
Nashville in early times, compiled by Mr. Anson Nelson, form the Masonic Code
of 1817-18. Most of the names are “familiar in our mouths as household words,”
and the sketch will be read with interest: Nearly every man named in the list was
more or less celebrated in his day; and all of them were leading and
influential men in the community. Mr. Nelson gives a synopsis of who and what
they were, as gathered from the recollection of one of our citizens: Matthew Barrow was an industrious,
energetic man, and
was for a long time Register of Deeds for Davidson County. His descendants
still live among us in great respectability.
When
Benjamin’s sons received the land, they must have sold it and purchased other
land. William purchased land at
the end of Hogan Road near his father-in-law Jesse Maxwell on Franklin Pike
while Jesse purchased land on Nolensville Road just inside of Williamson
County.
William Hinton Philips recorded the following land
transactions in Davidson County: Below
is a section of a map of Davidson County prepared by Wilbur F. Foster in
1871. It shows the location of a
“B. S. Phillips” (with two “L”s) family at the intersection of what is now Otter
Creek/Hogan Road and Franklin Pike, just down
the Pike from Judge John Overton. This
could be the place Benjamin Philips’ son William Hinton Philips lived before
moving to Haywood County TN prior to the Civil War. Jesse Maxwell’s daughter,
Elizabeth Washington
Maxwell, married Benjamin Philips’ other son, William Hinton Philips, 17 August
1824, shortly after he became of age and was released from guardianship on 25
December 1823.
Sam’l Barton E. T.
Thomas Hardeman assignee of John
Holliday 640 Acres –
South Side of Cumberland and Waters of Mill Creek, Grant 399 Issued 26 June
1793, D1826 State of North Carolina Davidson
County surveyed for
Thomas Hardeman assignee of John Holliday a preemption of Six hundred and forty
Acres of Land agreeable to the enclosed Warrant Number 162 The entry dated
January 19th 1784. Lying on the South
Side of Cumberland River and Waters of Mill Creek beginning at a dogwood Saplin
west Seventeen poles to a red oak on the bank of hogans branch Being James Rays
north east Corner thence a conditional line with Ray South West thirty three
poles to an elm thence West with Rays North boundary two hundred and twenty Six
poles to the Corner Continued West forty Six poles farther to a sugar tree
thence north three hundred and thirty eight poles to an ash thence east three
hundred and ten poles to a white ash and dogwood thence South three hundred and
twelve poles to the beginning Crossing his Spring branch at 136 poles Hogans
branch at 304 poles.
Below is an overlay map created
by the authors of the
book “Founding of the Cumberland Settlements” showing the location of the above
and other NC land grants in this area. This
grant covers the location of the “Phillips” house in the map below that.
The
book Historical Southern Families (Vol. V) contains the following which
indicates that William Hinton Philips didn’t end up with Jesse Maxwell’s 640
acre land grant, although he may have gotten the small portion across Franklin
Road where the name “Phillips” appears in the 1871 map of Davidson County:
The 1840 Davidson County Federal
Census lists
Benjamin Philip’s oldest son William Philips (born 25 Dec 1802) with 20 people
employed in agriculture. He’s listed on
the same page with Mary Overton, Judge John Overton’s widow. He is listed next
to John Hogan who I believe is the son of Daniel Hogan, the namesake for
Hogan’s Road, and the owner of the adjacent land on the 1871 Davidson County
map shown above with the name “W. Hogan” who could be a grandson of Daniel. 1840 United States Federal Census Name: William H Philips Home
in 1840 (City, County, State): Davidson, Tennessee Free
White Persons - Males - Under 5: 2 Free
White Persons - Males - 5 thru 9: 2 Free
White Persons - Males - 10 thru 14: 2 Free
White Persons - Males - 30 thru 39: 1 Free
White Persons - Females - 5 thru 9: 1 Free
White Persons - Females - 30 thru 39: 1 Free
White Persons - Females - 70 thru 79: 1 Slaves
- Males - Under 10: 2 Slaves
- Males - 10 thru 23: 1 Slaves
- Males - 24 thru 35: 2 Slaves
- Females - 10 thru 23: 3 Slaves
- Females - 24 thru 35: 1 Slaves
- Females - 55 thru 99: 1 Persons
Employed in Agriculture: 20 Free
White Persons - Under 20: 7 Free
White Persons - 20 thru 49: 2 Total
Free White Persons: 10 Total
Slaves: 10 Total
All Persons - Free White, Free, Colored, Slaves: 20 The 1850 Davidson County Federal
Census lists
Benjamin Philip’s oldest son William Philips (born 25 Dec 1802) and his wife
Elizabeth Maxwell (married 17 August 1824), daughter of Jesse Maxwell, and
their six children living on land worth $5,000.
Notice in the map above that the name “Phillips” appears on the portion
of Jesse Maxwell’s land that lies west of Franklin Pike. On this same page of the 1850
census we find John
Overton, son of Judge John Overton living with his wife Harriet, their children
John and Ann, and his mother, Mary McConnell White. His land was valued at $208,000. Historical Southern Families,
Vol V has a paragraph
about William Hinton Philips with sons Henry and Jesse who aren’t listed in
the1850 census in Davidson County shown above: However, Henry and Jesse show
up in the 1850 census
for Haywood County TN District 2, apparently getting ready for the rest of the
family to join them prior to the 1860 census. The
1860 Federal Census shows William Hinton Philips living in District 2 of Haywood
County TN with land worth $4,000 and a total worth of $16,700: Haywood
County TN is located in west TN off of I40 just on the other side of Jackson TN. In
1862 William H. Philips is listed in the U.S. IRS Tax Assessment Lists which
includes several counties, including Haywood County, with what looks like 662
acres of land worth $3,625. The
1870 census doesn’t list William H. Philips or any of his family in Haywood
County TN. The Civil war took place
between the 1860 and 1870 censuses and according to the above Historical Southern Families story,
Henry, Jesse, and William all died while serving in the Confederate Army and
Andrew Jackson spent the war in prison camps. I need to check the Haywood County TN
records to see if William Hinton Philips filed a will there. In
1870 a Benjamin Philips, possibly William Hinton Philips’ son but probably not,
is listed in nearby Gibson County TN living with his wife and family. Ten years later
William Hinton's Benjamin is living in Nashville with his brother and sister (no wife and children) Benjamin lists
land value of $1,100 and a
total value of $4,000. In
1880 Benjamin S. Philips is listed in Davidson County living with his sister
Emma A. and brother Andrew Jackson Philips: In
1891 the list of male voters for Davidson County TN lists B. S. Phillips as
being 65 years of age.
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