In the name of God amen: I John Phelps of the County and State aforesaid being thro the aboundant mercy and goodness of God tho week in body yet of sound and perfect understanding and memory do constitute this my last Will & Testament and desire it may be received by all as such first I must humbly bequeath my soul to God my Maker beseeching his most gracious acceptance of it through the all suffiscient merits and mediation of my most compassionate Redeemer Jesus Christ who gave himself to be an atonement for my sins and is able to save to the uttermost all that come unto God by him seeing he ever liveth to make intercession for them and who I trust will not reject me a returning penitent sinner when I come to him for mercy in this hope and confidence I render up my soul with comfort humbly beseeching the most blessed and glorious Trinity one God most holy most mercifull and gracious to prepare me for the time of my disolution and then to take me to himself into that peace and rest and incomparable falicity which he has prepared for all that love and fear his holy name Amen blessed be God I give my body to the Earth from whence it was taken in full assurance of Resurrection from thence at the last day, as for my burial I desire it may be decent without pomp or state at the direction of my Executors hereafter named who I doubt not will manage it with all requisite prudence as to my worldly Estate I will and posotively order that all my debts be paid first I lend to my wife Jonna Phelps my house and plantation whereon I live with the land belonging to the same during her life or widowhood and then I give and bequeath to my son Benjamin Phelps my house and plantation with fifty acres of land more or less to him and his heirs and assigns forever and I desire that if my son Benjamin Phelps should mary in my wifes life time or widowhood that he should have the use of one half the plantation and lands aforesaid -

I give and bequeath to my son Edmond Phelps two hundred acres of land more or less on Second Creek known cridicks and part of the Island to him and his heirs and assigns forever I give and bequeath to my son John Phelps five pounds ten shillings lawfull money of this state and three head of hogs -

I give and bequeath to my daughter Susanna Parsons one pound five shillings lawfull money of this state -

I give and bequeath to my son Joseph Phelps two hundred acres of land more or less on Second Creek joyning the lines of Solomon Hassell and Edmond Phelps to him and his heirs and assigns forever-

I give and bequeath to my son Urjiah Phelps fifty acres of land more or less including the Tarhill Ridge joyning a deviding line between the said land and John Tarkinton to him and his heirs and assigns forever -

I give and bequeath to my daughter Jonna Phelps one feather bed and furniture one chest one pot and one tea kettle one yearling heafer -

I give and bequeath to my son Benjamin Phelps one hand mill -

I give and bequeath to my son Joseph Phelps one hunting gun one sow and ten young hogs one pot-

I give and bequeath to my son Urjiah Phelps one hunting Gun and one sow with seven young hogs I give and bequeath to my son Edmond Phelps one breeding mare with fould and the fould she now goes with I give to my son Joseph Phelps -

I give and bequeath to my wife Jonna Phelps all and singular the remaining part of my Estate to raise my small children on during her life or widowhood and afterward, what is remaining to be equally divided amongst my three youngest children Urjiah Jonna & Benjamin to be divided by three free holders of this County and I do appoint my wife Jonna Phelps Executrix and my son Edmond Phelps Executor of this my last Will & Testament in witness whereof I have hereunto set my hand & seal this thirtieth day of March and in the year of our Lord 1778.

John (his -x- mark) Phelps (Seal)

Signed Sealed and delivered in
the presence of us

Peter Wynn
Godfry Phelps
John Phelps

Minutes
Tyrrell County Court of Pleas & Quarter Sessions

November Session 1778

Johnathan Phelps appeared in open court and exhibited an inventory on oath of the estate of John Phelps.

February Session 1779

Mr. Peter Wyn appeared in open court and proved the last will and testament of Jno. Phelps Senr. deceased - Ordered to be registered - Ordered that Mr. Secretary have notice that letters issue.

Appeared in open court Joannah Phelps exex and Edmd. Phelps exor to the last will and testament of John Phelps Senr. deceased and qualifie to the same - Ordered that letters issue.

Joannah Phelps returned in open court on oath the inventory of the estate of John Phelps Senr. deceased.

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Updated March 4, 2018
Jean Owens Schroeder