Will of PHEBE THOMPSON HILL, 1880
This is the will of Phebe THOMPSON HILL, Nashville, Davidson Co.TN. She was born 1807 in Ohio and died ca. 1885, Nashville, TN. On July 17, 1824, she married John M. HILL (b. 1797, PA, d. 1870 TN) in Nashville. John Hill EAKIN was the Executor and beneficiary
of the major part of her estate. Some of her named siblings lived in Cincinnati, Ohio, and some lived in Nashville, TN.
I am not related to this family and have no further information.
--Fran Cutrell Rutkovsky
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Phebe HILL Dec'dWill
I Phebe HILL of the County of Davidson and State of Tennessee knowing that it is appointed that all shall die and knowing that it is the part of wisdom to prepare for death - while yet in possession of our
faculties, do make this my last will and testament, hereby revoking all other wills by me made at any time.
Item 1stI will and direct that all my just debts be paid, and that my body shall be buried beside that of my husband.
Item 2ndI will and direct that my Executor, here in named be empowed and directed to lease, rent sell or convey, any or all of the real estate I
may own at my death, not specifically disposed of, and collect all rents and purchase money, and I charge all my estate real personal or mixed (except herein after specified) equally with the payment of the legacies pecuniary or otherwise, herein after mentioned under that head; and in order to raise the money with which to pay the said legacies, my executor may sell any real estate, permitted herein to be sold on such terms, as he may deem best.
I do not desire that he shall be forced to sacrifice any part of the property in order to raise said legacies, and trust that he and the legatees may so agree and arrange matters that said legacies shall be paid as soon as they can be conveniently, and with out undue haste and sacrifice of property.
This feature of this my will has given me great anxiety and I beg my Executor and the legatees to exercise patience and love which will secure the interest of all.
Item 3I give and bequeath to Jno Hill EAKIN whom I have raised and who has been to me a dutiful and faithful son, the Lot and Home in which I now reside and fronting one hundred & twenty eight (128) feet more
or less on Church Street in the City of Nashville, and running back to the property of Thomas FITE or Mrs ELLISTONS together with all improvements
thereon and this property under no circumstances to be charged with any
and unincumbered.
Pecuniary Legacies
Item 4My Executor shall pay the following legacies to the following named persons, from any monies coming to his hands as such whether derived from sale or rent of real estate, interest, dividends, or collections, or
conversion of personal property.
1stHe will pay to C.A. R. THOMPSON the sum of one thousand dollars ($1000) to be held by him in trust for the benefit of my brother William THOMPSON of Cincinnati Ohio, and said trustee will pay to said
William, either the interest arising thereon annually or the principal or any part thereof as he the trustee may deem to the best interest of my said brother William, and should there be any balance left after the death of my said brother William, and paying his burial expenses, such balance shall be paid to Mrs Millie ARMSTRONG daughter of said William.
2. My Executor shall pay to my sister Mrs Eliza WRIGHT, also of Cincinnati Ohio, the sum of one thousand dollars ($1000) to her sole and separate
use, and to be hers absolutely as against all the world.-
3. My Executor shall pay to Miss Ellen READ and Millie READ daughters of my sister Mrs. Rebecca READ, the sum of one thousand dollars each and the same is to be and remain, for their sole use and benefit independent of any husband either may take and to do with as they respectively may choose.
4. My Executor shall pay one thousand ($1000) to my sister Mrs Ann KENNETH of Cincinnati Ohio, to her sole and separate use and benefit.
5. My Executor shall pay to my nephew C.A.
THOMPSON, son of my brother Jas. K. THOMPSON, the sum of two thousand dollars.
6. My Executor shall pay to my brother James K. THOMPSON of Chicago, Ill the sum of one thousand ($1000) dollars.
7. As I have heretofore given to my brother George THOMPSON and his family in property or money - Fourteen thousand dollars - I will and direct that
my executor pay him the further sum of one thousand dollars ($1000).
8. My Executor will pay to Fannie, Mattie, Jennie, and Catherine THOMPSON, daughters of my brother George THOMPSON, the sum of Five hundred dollars
($500) each.
9. My Executor will pay to Hill THOMPSON son of my brother George THOMPSON the sum of Five hundred dollars.
10. My Executor will pay to my brother C.A.R. THOMPSON the sum of Fifteen thousand dollars - of which ten thousand will be paid him in
money - and five thousand in notes which I held against him, said notes are given in this wise.By the will of my husband - five thousand dollars, was given to the widow of Samuel HILL for life, and on her
death, the said sum was to go to the children of William HILL - I loaned said sum of five thousand dollars to my brother C.A.R. THOMPSON, who has been paying the interest therein to said widow of Samuel HILL, this I require him to continue to do during her life - but on
her death - my Executor will pay the said five thousand dollars out of my estate to the children of William HILL - and I relieve my brother from the payment of that sum.
11. I will that my Executor pay to my niece Mrs. Louise P. EVANS wife of Thomas W. EVANS of New York, the sum of twenty thousand dollars ($20,000) and the same is to be held in trust for her independent
of her present or any future husband and for her sole use, during her life - and on her death said sum of twenty thousand dollars is to go, and belong to John Hill EAKIN absolutely.
12thI will and bequeath to John Hill EAKIN all the stock I own in the Cotton Factory at Nashville _ being of the nominal value of ten thousand dollars.
I will and bequeath to John Hill EAKIN the sum of Thirty thousand dollars ($30000) to be paid him out of my estate - he having lived with me and devoted his life to me exclusively and I feel that the same is due him.
13. Should there from any cause, not be sufficient money derived from the sources herein indicated to pay in full each and all of said legacies then the said legacies shall be paid proportionally to each
other, that is the proportion that each bears to the whole fund - except that the cotton factory stockand the thirty thousand dollars given to Jno Hill EAKIN is to be paid in full - and without diminution - nor is the real estate specifically given him to be required to contribute to
the deficiency -
14. I make John Hill EAKIN my residuary legatee and devisee, and he is to have all of my estate that remains after the payment of the legacies herein - and I appoint him my Executor of this my will - and he will not be
required to give bond and security but is empowered to act without either - I have full confidence in him.Phebe HILL
Signed and acknowledged
in our presence, this
July 2, 1880
W.B. REESE
Edward H. EAST
State of Tennessee
Davidson County Court }January Term 1886
A paper writing purporting to be the last will testament of Phebe Hill Dec'd was produced in open Court for probate and proved this:WB REESE and Edward H EAST the subscribing witnesses
being first duty sworn deposed and say that they became such at the request and in the presence of the testatrix and they verily believe she was of sound and disposing mind and memory at the home of executing
the same.Ordered by the Court that said paper writing be admitted to record as the last will and Testament of Phebe HILL Dec'd.
And at the same time same J. Hill EAKIN the Executor appointed in said Will and without bond qualified according to law.
Ordered that letters testamentary issue to him.