John Phillips d 1784?

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Martha Marble

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Aug 18, 2010, 1:14:42 PM8/18/10
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I made a quick note from Book 4 of the NC Reports re a NC Supreme Court
Case regarding a John Phillips with a Will in 1784 - he appears to have had
a son Henry, wife Sarah who d in 1805 - (not sure who Sarah was the wife
of) - Henry had children Jordan, William, Eaton, John. Sound familiar to
anyone? I have not looked at the case and Book 4 does not include the
County so it could be anywhere in NC. Just thought if someone knew which
county these people were in I could either scratch this off my rather long
list of - to do - or put it at the top if it is an eastern NC family.

Martha

Douglas Phillips

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Aug 18, 2010, 3:53:31 PM8/18/10
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Martha,

These Phillips were in Edgecombe County. My wife has researched them extensively and she says Sarah was John's wife, Henry's mother.

Doug

Martha

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Martha Marble

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Aug 18, 2010, 3:57:19 PM8/18/10
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Is there enough information on them to suit you or do you want me to take a look at the case next trip which may not be until Nov.

Martha
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Nancy Kiser

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Aug 18, 2010, 6:33:28 PM8/18/10
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Doug,

Does your wife think John was the brother of Joseph Phillips who also died in
Edgecombe Co NC in 1784? I notice that both families made use of the unusual
first name Eaton.

Nancy

Douglas Phillips

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Aug 19, 2010, 4:10:42 PM8/19/10
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Nancy & Martha,

Ref: John Phillips d. 1784.
(I realize this is long but didn't know how else to do it)

This is what my wife has come up with:
I have not seen the Supreme Court Case you mentioned but am very familiar with the family! I think I am going to have to go to Raleigh to Archives and check out Book 4 to see the resolution of this case.

What I know or believe about this family: A John Phillips died in Edgecombe County, probably in 1784 after having written a will dated 30th May 1781. He named wife Sarah Phillips and left her whole estate during her widowhood. He stated that after death or marriage of his wife the land whould be sold by Executors and money arising from the sale to be equallydivided among "my sons who shall be living or the heirs of their bodies." Slaves, cows and calves and sheep were also left to the children at age of 21. This will was evidentlly recorded twice in Edgecombe Co., once proven in Nov Ct. 1784, B/156, second time in May Ct. 1810, D/358. This second recording was done after Sarah died and was necessary because evidently Sarah and son Henry had sold the land unlawfully prior to both of their deaths.

John (d. 1784)and wife Sarah had children: David d. by 1801, no issue; Conny md. Thomas Porter (DB 10, p. 182); Honor md. Refres Mabrey (DB 10, p 182); Dicey md. Jacob Proctor (DB10, p 182); Leah md. James Pitt (DB 10, p 182, DB 10, p 331, DB 11, p 656); Joab Phillips d. by 1797, no issue and Henry d. 1808, md. Mary Barber, Dau. of John Barber. Henry and Mary Phillips had children: Patsey m Nathaniel Parmenter, Jordan, William, Eaton and John . (all 5 minors in 1808)
The children of Henry Phillips petitioned Court of Equity in 1810 after just about everyone connected to the case had died. Different accounts differ on many points.

Was John Phillips d. 1781 the brother of Joseph Phillips d. 1784, both of Edgecombe Co.? I am sorry to say that I can't prove that John Phillips d. 1781 was related to any of the other Phillips in Edgecombe Co. The will recorded in 1784 lists Exec. friend Etheldred Phillips and Exum Phillips. Wit. Robert Degges, Hartwell Phillips, John Phillips. The will recorded in 1810 does not state "friend".

Etheldred and Exum Phillips were sons of Joseph Phillips d. 1784. (Etheldred also had a son Exum) Hartwell Phillips was brother of Joseph Phillips d. 1784. I am not sure exactly who the John Phillips wit. was.

Solomon Phillips d. by 1797 of Edgecombe Co. does not appear to interact with all of the other early Phillips in Edgecombe Co. Solomon came to Edgecombe from Gates County, NC. Most of the children of Solomon went to Georgia but David stayed and had a large family and died in 1829.

Of the early Edgecombe County, NC, Phillips men, Joseph d. 1784, Arthur d. 1790 and Hartwell d. 1801, evidently were brothers from Surry County, VA They bought land in Edgecombe Co., NC in the 1740's and 50's. They had a brother John, evidently older, who is stated as "untraced". The John d. 1749 on Deep Creek, Edgecombe Co. in what became Halifax Co. may have been this John. His wife was named Hannah. The John d 1781 in Edgecombe Co. might also have been this brother. Can anybody help here?

Martha Marble

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Aug 19, 2010, 4:47:31 PM8/19/10
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At 04:10 PM 8/19/2010, you wrote:
Nancy & Martha,

Ref: John Phillips d. 1784.
(I realize this is long but didn't know how else to do it)

This is what my wife has come up with:
    I have not seen the Supreme Court Case you mentioned but am very familiar with the family!  I think I am going to have to go to Raleigh to Archives and check out Book 4 to see the resolution of this case.

The file itself might be more enlightening if it is a long case and usually equity cases are fairly thick files.  Henry's daughter Patsy and her husband appear to have sued the rest of them but I suspect the Supreme Court case is about the 1810 case you mentioned below.  I have found that Supreme Court cases often have much more information than has survived from the local or district courts - if you are lucky.

Depending on where you live you might find a large law firm in your hometown that has the entire set of NC Reports and they would probably let you go to their library and look at it.  To see the file you have have to go to the archives.  Some of these cases have a lot of depositions - which you hope for - and some of those depositions can give pretty good clues as to kinfolks and neighbors.  They also can repeat the same things over and over.  If you do go, let me know so I don't repeat the case the next trip.

How I put my Phillips line together was through a Supreme Court case someone told me about - never knew anything about them until then but those cases especially in Greene and Lenoir counties are my project.

Martha




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Douglas Phillips

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Sep 7, 2010, 9:49:37 PM9/7/10
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Martha,

     We went to archives and got the papers about the Supreme Court Case.  It's going to take some time to decipher them, hard to read.  Will send more when we figure it out.


Doug

----- Original Message -----

From: Martha Marble <58ma...@suddenlink.net>

To: encphilli...@googlegroups.com

Sent: Wed, 18 Aug 2010 15:57:19 -0400 (EDT)

Subject: Re: [ENC Phillips] John Phillips d 1784?

Martha Marble

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Sep 7, 2010, 9:59:36 PM9/7/10
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Great. Wish i could help you as used to reading the SC cases but rather do it from the original instead of a copy.  Just won't be going back until at least Nov.

Martha
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