In the name of God amen: This 17th day of January 1787 I Edmund Phelps being in perfect mind memory do make this my last Will and Testament and my Estate I bequeath and dispose of in form and manner as follows.
First - I give and bequeath unto my well beloved sons Benjamin Phelps Jeremiah Phelps and John Phelps my land and plantation thereunto belonging within the bounds of the deed known by the name of Wests Island to be equally divided by lines of the mark'd trees, my Will and desire is that my son John Phelps to have the Plantation and my son Jeremiah Phelps the middle neck and my son Benjamin Phelps the back Neck to them and their heirs lawfully begotten of their bodys forever and if either of them should dye without such heir my desire is that these parts should be equally divided between them two that are alive.
Also I give to my son Benjamin Phelps my hunting gun.
Also I give unto my son John Phelps one mare and her increase.
Aso I give unto my son Jeremiah Phelps one sow and their young hogs.
And I give to my daughter Susannah Phelps one feather bed and furniture.
Also I give to my daughter Rosanna Phelps one chest.
Also I give to my daughter Ann Phelps one pewter dish and six pewter plates.
And after my debts and all lawfull costs is paid I lend the rest to my well beloved wife her life time or widowhood and after her death or marriage my will and desire is that the rest of my Estate be equally divided among my children.
I likewise constitute and appoint my well beloved wife Ann Phelps Executrix and John Phelps son of John and Joseph Phelps son of John Executors to this my last Will and Testament and I do hereby utterly disannull all and every other former Testament Will and Legacies and Executors by me in any wise before named willed or bequeathed ratifying and confirming this my last Will and Testament
In Witness whereof I have hereunto set my hand and seal the day and year above mentioned.
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
January Session 1788
John Phelps Junr. exhibited in court the last will & testament of Edmund Phelps deceased which was proved in court by the oath of Joshua Hassell a witness thereto & ordered to be recorded.
Also the said John Phelps qualifyed as executor to the said deceaseds will.
October Session 1790
Ordered that Godfrey Phelps be appointed guardian to Susannah, Jeremiah, John & Nancy Phelps orphans of Edmund Phelps deceased and give bond in 300 pounds James Wood and Edmund Harrison securities.
October Session 1801
Ordered that Henry Norman Esqr. Capt. Jno. Bateman and Levi Bateman be appointed to audite and settle the accounts of the guardian of the heirs of Edmund Phelps deceased with the heirs of said deceased and make return to next court.
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.39), Box 39
Phelps, Edmund, 1790
Petition filed January Term 1804 by Nathan Spruill & Ann his wife showing that in July Term 1802 persons were appointed to divide & settle the estate of Edmund Phelps deceased among the representatives of the said Edmund in the hands of Godfrey Phelps their guardian. In this division the sum of L8.17.11 was apportioned to Ann the wife of Nathan the petitioner but it has never been paid.
Transcriber's Notes:
Tyrrell County marriage bonds show the marriage of Nathan Spruill to Ann Phelps on 3 Feb 1803, John Hatfield security.
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