Tyrrell County
August 11th 1854.
It being the will of God that I am about to depart this life. & being of sound disposing mind & memory. I recommend my soul to God & my body to be decently burrid in my family burying ground. 1st. I wish all my debts to be paid out of my chattel property.
2d. Give to my three daughters Charlotte P. Newberry, Kissiah B. Norman, & Elizabeth M. Phelps all my negroes, to be equally divided after my death (Viz) Annise, Tamor. Ben. Milford, Lucy, Ned, John, Henry, & Ann Eliza. Should any event occur that my daughter Elizabeth M. Phelps should lose her share in the above negros, I than direct my executor to pay out of all the shares two hundred & fifty dollars, cash, it being my must due for leaving the negroes to my beloved daughter Elizabeth M. Phelps, the above named negros,
3- I direct all my chattell property to be sold at six months credit except, one feather bed & furniture which I give to my daughter Elizabeth M. Phelps Should there be anything left out of the sales of my chattel property I leave that to be equally divided between my daughters above names. And if there is not enough chattel property the balance be made out the shares of negroes equally. I ordain & appoint my much esteemed friends James S. Sutton & Hardy Norman, executors to this my last Will and Testament. Signed, sealed & delivered in the presence of us.
Henderson S. Sutton
John his X mark Rhodes
(Signed) Mary Phelps her X mark (Seal)
Court of Pleas and Quarter sessions
October Term 1854-
The within paper writing was duly proved in open court according to law, by the oath of John Rhodes, one of the subscribing witnesses, thereto, & was admitted to probate as a will executed with formalities, to pass real & personal estate of Mary Phelps the testatrix and ordered to be recorded at the same time Hardy Norman an executor therein names, appeared & qualified as executor thereto, and James S. Sutton appeared and renounced his right to qualify as executor.
Saml. McClees Clk.
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