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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 To 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) State
of Tennessee, Davidson County Court, October Session
1821 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.
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.
Mr. Randall McGavock married Miss Sallie Rogers, a sister of Mrs. Felix
Grundy, and she as the mother of Mr. John McGavock, of Franklin, Tenn. Dr. James May, who built the brick house adjoining
Mr. McGavock, married Miss Polly White, of Knoxville, Tenn., a sister of Hugh L. White, who was President of the United States
Bank of Knoxville. Dr. May died, and his widow married Judge John Overton, by whom she had three children,
William’s brother Jesse married John Overton’s
wife, Mary McConnell White’s daughter, Margaret Jane May 19 January 1837. Jesse was born in 1812, so by 1840 he would
have been established on a farm with his new bride and shows up in the 1840 Federal Census. He lived just inside the Williamson
County line on Nolensville Road. The boundary later changed when one of the descendants wanted to run for Road Commissioner
in Davidson County and got the County line moved. The property
now lies in Davidson County.
1840 United States Federal Census Name: Jessee H Philips Home
in 1840 (City, County, State): Williamson, Tennessee Free
White Persons - Males - 20 thru 29: 1 Free
White Persons - Females - Under 5: 2 Free
White Persons - Females - 20 thru 29: 1 Slaves
- Males - Under 10: 2 Slaves
- Males - 10 thru 23: 1 Slaves
- Males - 24 thru 35: 1 Slaves
- Females - Under 10: 1 Slaves
- Females - 10 thru 23: 2 Persons
Employed in Agriculture: 2 Free
White Persons - Under 20: 2 Free
White Persons - 20 thru 49: 2 Total
Free White Persons: 4 Total
Slaves: 7 Total
All Persons - Free White, Free Colored, Slaves: In
1850 Jesse Hinton Philips again shows up in the Williamson County District 6
census with land worth $5,300.
Following
is information from the Davidson County Cemetery Survey Project related to
Jesse Hinton Philips and some of his relatives. OH-44:
NASHVILLE, DAVIDSON COUNTY, TN. Original location South Davidson
Co. James F. May,
Sr. was the son of Mary M. May by her first marriage to Dr. Francis May.
Three years after Dr. May’s death, the Widow May married Judge John Overton and
moved to Travellers Rest, his home place. Mayfield, the May family home,
was near Travellers Rest. The May family cemetery was at Mayfield. On August 31,
1866, Lot 51 Section 3 at Mt. Olivet Cemetery was purchased by the estate of
James F. May, Sr. The Interment Records of Mt. Olivet Cemetery
show that on November 22, 1868, the remains of the James F. May, Sr.,
Eliza May and James F. May, Jr., were “transferred from private grounds”
and buried on Lot 51 Section 3. Re-interned on
November 22, 1868. Lot 51, Section 3, Mt. Olivet Cemetery from the James F.
May, Sr. Cemetery: ·
James
F. May, Sr. ·
Eliza
May ·
James
F. May, Jr. ·
Later
Buried on Lot 51, Section 3, Mt. Olivet Cemetery: ·
Major
Henry C. Ewin. Buried May 3, 1871 ·
Major
W. D. Hardeman. Buried March 10, 1878 ·
Annie
Hardeman. Buried April 18, 1878 ·
Mary
White May. Buried July 24, 1898 ·
Wm.
D. Hardeman. Buried May 8, 1941 ·
Miss
Henry Ewin. Buried April 4, 1948 ·
Sergeant
Jackson Hardeman. Buried June 14, 1949 Report.
3-12-2004 Additions.
OH-44 James F. May, Sr. Cemetery (Removed) James F. May,
Sr., was the son of Mary M. May by her first marriage to Dr. Francis May.
In 1820, three years after Dr. May’s death, the Widow May married Judge
John Overton and moved to Travellers Rest, his home place. Her son, James
F. May, Sr. lived at Mayfield, near Travellers Rest. The May family
cemetery was at Mayfield. On August 31,
1866, Lot 51 Section II at Mt. Olivet Cemetery was purchased by the estate of
James F. May, Sr. The Interment Records of Mt. Olivet Cemetery show that
on November 22, 1868, the remains of James F. May, Sr., Eliza May and James F.
May, Jr., were “transferred from private grounds” and buried on Lot 51
Section II. In the
Interment Records of Mt. Olivet Cemetery, immediately following the listing of
the three May family members removed and reburied at Mt. Olivet, were listed
the names of: ·
Jesse Hinton
Philips Buried November 22, 1868 Philips Section II
“Transferred from private grounds” ·
Robert Caldwell
Buried November 22, 1868 Caldwell Section II
“Transferred from private grounds” Research into the
history of Jesse Hinton Philips has found that he was married to Margaret Jane
May, a daughter of Mary May and Dr. Francis May, in Davidson County on January
19, 1837. Jesse Hinton Philips was born September 7, 1812 and died
October 7, 1850. It would appear that Jesse Hinton Philips was
buried in the May family cemetery at his death in 1850 and his remains removed
to Mt. Olivet Cemetery on November 22, 1868, at the same time of the May grave
relocations. Lot 126 Section II was purchased by Margaret J.
Philips, widow of Jesse Hinton Philips. Margaret J. Philips was
buried on Lot 126, at Mt. Olivet Cemetery, on January 26, 1910. A visit
to Lot 126 Section II, at Mt. Olivet Cemetery, by Fletch Coke, March 7, 2005,
found there were tombstones for Philips family members, but a marker for Jesse
Hinton Philips could not be located. Research into
the history of Robert Caldwell has found that he was the son of Martha H. Philips
Caldwell and Andrew J. Caldwell. Mrs. Caldwell was a daughter of Margaret
Jane May Philips and Jesse Hinton Philips. Robert Caldwell was born 1859
and died 1865. It would appear that Robert Caldwell was buried in the May
family cemetery at his death in 1865, and his remains removed to Mt. Olivet
Cemetery on November 22, 1868, at the same time of the May grave relocations.
A visit to Lot 71 Section II, at Mt. Olivet Cemetery, by Fletch Coke, on
March 7, 2005, found there were tombstones for Caldwell family members, but a
marker for Robert Caldwell could not be located. Updated Report.
3-22-2005
JESSE HINTON PHILIPS was born on 01 Dec 1812 in Davidson Co., Tennessee. He died on 12 Oct 1852
in Williamson Co., Tennessee. He married
Margaret Jane May (daughter of Francis T May and biological daughter of Mary
McConnell White) on 19 Jan 1837 in Davidson Co., Tennessee22 . She was born on 10 Oct 1816 in Davidson
Co., Tennessee27.
She died on 24 Jan 1910 in Davidson Co.,
Tennessee. Margaret
J. Philips vs Roberta Caldwell Williamson County Court 1892, 1893, 1894 (Copy in Files of
Robert D Pierce) 1867 cyclone
destroyed the house on Philips property.
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