Return to Tyrrell Co Wills Introduction & Table of Contents
North Carolina
Tyrrell County
Original Will at N. C. Archives
February 21, 1796
In the name of God Amen I Edward Phelps Senr. of Tyrrell County being of sound and perfect mind and memory (blessed be God) do this 21 day of Febuary in the year of our Lord 1796 make and publish this my last will and testement in manner following that is to say ---
First I yeald and resign my sold into the hands of God and my body to be buryed by my executors in a decent manner & - -
2d I give and bequth unto my well beloved daughter Deliah Powers one shilling starling - -
3d I give and bequth unto my well beloved daughter Mathew Jennett one shilling starling - -
4th I give and bequth unto my well beloved daughter Rebecah Oliver one shilling starling - -
5th I give and bequth unto my well beloved son Jeremiah Phelps twenty shillings - -
6th I give and bequth unto my well beloved son Edward Phelps fifty acors of land beginning at a watter oak on John Patrick line then along a line of marked trees to a gum at the road then down the road so fare as shall be sufient with running a cross the land to John Patricks line and up his line to the first station an shall make the fifty acres and one young sow -
7th I give and bequth unto my well beloved sons Joshua Phelps and Charls Phelps all the rest of my lands to be eakely divided be twine them after my wifes death but I leave her in possession of my manner plantation during her life with all the appertanents there unto belonging and then divided as afore said - -
8th I give and bequth unto my well beloved wife Mary Phelps all of the remainder of my estate during her life then to be eaqually devided between my five youngest children Barbery Phelps Joshua Phelps Mary Phelps Elizabeth Phelps and Charles Phelps but first for my executors to say my ? of my perishable estate and I hereby make and ordain my deare beloved wife Mary Phelps exetrix and my well beloved son Jeremiah Phelps execter of this my last will and testement in witness where of I the said Edward Phelps Senr. have to this my last will and testement set my hand and seal the day and year above ritten - -
Edward Phelps
Sined sealed published and declared
by the said Edward Phelps Senr
the testator as his last will and
testement in the presence of
us who were present at the
time of signing and sealing
there off
John Patrick
James Johnson
Abiah (her mark) Patrick
(No probate information but back of will says proved April Term 1796
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.39), Box 39
Phelps, Edward, 1796
Complaint of Mary Phelps executrix and Jeremiah Phelps executor of Edward Phelps deceased, assignees of Amos Phelps, who complain of Benjamin Alexander in a plea of covenant 25,000 merchantable two foot shingles [rest is unreadable].
Execution dated 24 Apr 1797 and issued 13 May 1797 against the goods & chattels, lands & tenements of Benjamin Alexander for 37 pounds, 13 shillings & 10 pence which lately Edward Phelps' executors recovered against him for debt, costs & charges. Backside says sold in part and stopped by plaintiff.
Execution dated 22 Jan 1798 against the goods & chattels, lands & tenements of Benjamin Alexander for 38 pounds, 8 shillings & 7 pence which lately Edward Phelps' executors recovered against him for debt, costs & charges. Backside says not sold because of weather.
Execution dated 24 Jan 1798 against the goods & chattels, lands & tenements of Benjamin Alexander for 38 pounds which lately Edward Phelps' executors recovered against him for debt, costs & charges. Backside says no sale for want of bidders.
Transcriber's Notes:
Tyrrell County marriage bonds show the marriage of Delilah Phelps to Joshua Powers on 4 Apr 1786, Isaac Patrick security; also Rebeca Phelps to Edward Oliver on 19 Feb 1794, Jeremiah Phelps security.
Since a daughter named Matthew is a probable error when the original will was transcribed, a search of marriage bonds for a Phelps marrying a Jennett was made and the marriage of Martha Phelps to Hezekiah Jennett on 28 Apr 1795 was found. It is probable the will should read Martha Jennett instead of Matthew Jennett.
Return to Tyrrell Co Wills Introduction & Table of Contents