Last Will and Testament of James Phelps

March 5th 1785- Will Book B Page 155

Caswell County, North Carolina

 

 

 

In the Name of God Amen I James Phelps of Caswell County Province of North

Carolina being Weak of body but of Perfect Sense and Memory do make and Declare

this my last will and Testament in Manner and form following

 

First I Recommend my Soul to Almighty God Who gave it me, hoping to Receive it again at the Last day in a Joyfull Resurrection. My body to be Buried in a Christian like Manner as for What Worldly Estate it has Pleased God to Bless me with after my Funeral Expenses & Just debts are paid I order and dispose of the following manner,

 

 

1st-- I Give and bequeath to my Son William Fifty Pounds Currant money to be paid out of my Estate.

 

2nd-- I lend the Remainder Part of my Estate With my land to my Beloved wife Mary During her natural Life or Widowhood She raising my children out of it as I have heretofore done.

 

3rd-- I Give and Bequeath after my Wifes decease to my Youngest Son Ambrose that

part of my Land Lying on the North side of the Branch being the part whereon I

now live.

 

4th-- I Give and bequeath to my Next youngest son Obadiah the other part of my land to him and his heirs only my mother to have her Lifetime thereon if She Chooses.

 

5thly-- The Remainder Part of my Estate after my Wifes decease I Give to be Equally divided Among the Rest of my children to wit Reubin, Thomas, Larkin, Lucy, Betty, and Patty. If my Wife should marry then to be Equally divided among my Six Children Reubin, Thomas, Larkin, Lucy, Betty and Patty and my Wife.

 

6thly-- My Will and desire is that if Either of my Eight youngest children should

die Without Lawfull Issue that their part be Equally divided amongst the Survivers

of them.

 

7thly-- And lastly I appoint my beloved Wife Mary my Executrix and my Son William my Executor to this my last Will and Testament. In witness Whereof I have hereunto Set my hand and Seal this fifth of March 1785

 

                                                                   Seal

 

 

Signed Sealed & Delivered in the presence of }

Shadrack Hudson, Wm Cromwell 

James Williamson

 

 

Caswell County October Court 1788

 

This Will is was duly proved in open Court by the Oaths of Shadrack Hudson, John Phelps, William Cromwell and in the manner as entered of Record upon the

Minutes of this Term and Ordered that the said Will be admited to Record.

 

Test AE Murphy Clk

 

Executors gratified

 

 

TRANSCRIBED BY: Latham Mark Phelps -- March 2004