Return to Tyrrell Co Wills Introduction & Table of ContentsIn the name of God amen: July the twenty first day in the year of our Lord one thousand seven hundred and eighty seven I Joseph Phelps Senr. of the County of Tyrrell and State of North Carolina Planter being weak in body but of sound mind and perfect memory thanks be given to Almighty God for the same do make and ordain this to be my last Will and Testament in manner and form following that is to say I recommend my soul into the hands of God that gave it me and my body I leave to the Earth to be buried in a decent Christian burial at the discretion of my Executors hereafter mentioned and as touching such worldly Estate as it hath pleased Almighty God to bless me with in this world I leave and demise the following manner and form.
Imprinis - I give will and bequeath unto my beloved wife Ann Phelps one bed and furniturean to her and her heirs and assigns.
Item - I lend unto my beloved wife Ann Phelps my manner Plantation with one hundred acres of land be the same more or less belonging to the same as long as she remains a widow, I also lend her the use of all my moveable Estate to raise and school my small children upon her natural life or widowhood and after that to be equally divided between my beloved children Joseph Phelps Benjamin Phelps Simeon Phelps Hannah Phelps Ann Phelps Rachel Phelps, Amelia Phelps and Jasper Phelps if all living at the time of division and if any of them decease without heir lawfully begotten of their bodys, to be equally divided between them living.
Item - I give will and bequeath unto my beloved son Joseph Phelps fifty acres of land be the same more or less joining Jacob Davenports line to the Southward, and seventy five acres or land out of the west end of my patent that joins John Cliftons land to him his heirs and assigns forever.
Item - I give will and bequeath unto my beloved son Benjamin Phelps one hundred and fifty acres be the same more or less beginning on the Westward line of the new entry towards Robert Cliftons near the thoroughfare then running South 58D E. to the line between me and Josiah Phelps Senr. then binding that and the other back line round to the Westward to Nathan Batemans line then along is line and my own to the first station to him and his heirs and assigns forever.
Item - I give will and bequeath unto my beloved son Simeon Phelps sixty five acres of land more or less lying to the Northward of Joshua Tarkintons old patent at the lake and West of the old road also fifty acres of land be the same more or less - Beginning at a red oak on Bull Savanna then running the Savanna to the middle of the Tavern Branch then along the middle of said Branch to the back line of Phelpes old patent the along said line to a Maple then along a line of marked trees to the first station to him his heirs and assigns forever.
Item - I give will and bequeath to my beloved son Jasper Phelps one hundred acres of land that my Plantation is upon be the same more or less also fifty acres of land that is in a new entry joining my Plantation land to the Westward of said Plantation to him his heirs and assigns forever.
Lastly - I nominate constitute and appoint my beloved wife Ann Phelps Executrix of this my last Will and Testament and Joseph Phelps my beloved son Executor of this my last Will and Testament revoking and disannulling all other wills by heretofore made allowing this only to be my last Will and Testament in Witness whereof I have hereunto set my hand and seal day and date.
Signed Sealed Published Pronounced
and Declared by the said Joseph Phelps
as his last Will and Testament in presence of
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
October Session 1788
Appeared Joseph Phelps and Ann Phelps widow of Joseph Phelps deceased and exhibited in court the last will and testament of Joseph Phelps deceased which was proved by the oath of John Forlaw ordered recorded.
Appeared the said Joseph Phelps & Ann Phelps executors left in the said deceaseds will and qualifyed accordingly.
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