Return to Tyrrell Co Wills Introduction & Table of ContentsI Seth Phelps Senr. being in perfect health mind & memory but knowing it is ordained for all men to die do make and ordain this to be my last Will and Testament in the name of God amen: I leave my body to be buried in a decent manner and recommend my soul in the hands of the Almighty God that gave it and I leave my estate which has pleased God to bless me with in manner & form as follows.
Item I give and bequeath demise & declare unto my son Eby Phelps one lot of blacksmiths tools one lot of Carpenter Coopers & Joiners tools and one dutch fann & brandy still unto him and his heirs forever ---
Item 2- I lend unto my dear beloved wife Betsey Phelps all the rest of my estate both real & personal during her natural life ---
Item 3 - I give and bequeath unto the heirs of my well beloved daughter Mercy Davenport one shilling sterling ---
Item 4 - I give and bequeath unto the heirs of my son George Phelps one shilling Sterling ---
Item 5 - I give and bequeath unto my grand son Seth Phelps son of Eby one hundred and fifty acres of land it being the plantation where George Phelps formerly lived at the death of his grand mother then unto him and his heirs forever ---
Item 6 - I lend unto my daughter Nancy Sanders one negro girl named Mourning during her natural life and then unto her daughter Patsey Sanders unto her and her heirs forever, at the death of his mother---
Item 7 - I give and bequeath unto the heirs of John Phelps one shilling sterling ---
Item 8 - I lend unto my daughter Patsey Bateman one negro girl named Chloe and at her death unto her daughter Betsey Bateman & son Seth Bateman forever ---
Item 9 - I give & bequeath unto my daughter Betsey Godwin one negro woman named Hagar unto her & her heirs forever at the death of my wife and the that the negro Hagar is now pregnant with unto Dorcas Gibson ---
Item 10 - I also give & bequeath unto my daughter Dorcas Gibson one negro woman named Venus & one black walnut desk unto her & her heirs forever at the death of her mother --
Item 11 - I also give unto my son Eby Phelps all the rest of my my land both woodland and cleard land not given already in my will also one negro man by named of Sam & one negro boy by the name of Jack also one half of the remainding part of my estate not mentioned in my will and the other to be equally divided between the heirs of my well beloved son Joseph Phelps Nancy Sanders Betsey Godwin Patsey Bateman & Dorcas Gibson after the death of their mother ---
And I do hereby nominate constitute & appoint my dear beloved wife Betsey & my son Eby Phelps my executors & executrix to this my last will and testament & I do hereby uterly disanull revoke & disallow all and every other will or wills but this by me heretofore made declareing this to be my last will and testament.
In Witness whereof I have hereunto set my hand and seal this the twenty second day of June in the year of our Lord one thousand eight hundred & twenty one Anno Dom 1821.
Seth Phelps (Seal)
Test
Edmund Alexander
John Alexander
Test
James Wood Clerk
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
October Session 1823
The last will & testament of Seth Phelps was exhibited & proved in open court by the oath of Edmund Alexander who also swore that he saw John Alexander the other subscribing witness sign the same as concurring evidence thereto. Same term appeared Betsey Phelps one of the executors & quallified in due form. Ordered that letters testamentary issue thereon with a coppy of the will annexed.
October Session 1824
Eby Phelps an executor to the last will and testament appeared and was qualified in open court in due form of law.
The inventory and account of sales of the property of Seth Phelps was returned in open court by the executor Eby Phelps.
July Session 1825
Ordered that Edmd. Alexander Esqr., Matthew Brickhouse & Richd. Howett be appointed auditors to settle the estate of Seth Phelps deceased and make report to the next term.
October Session 1825
Ordered that Edmund Alexander Matthew Brickhouse & Richard Howett be appointed auditors to settle the estate of Seth Phelps deceased and make return to the next term.
Transcriber's Notes:
Tyrrel County marriage bonds show the marriage of Darcas Phelps to Henry Gibson on 7 Mar 1804; also Ann Phelps to John Sanders on 14 Feb 1791,
John Davenport security; also Pattey Phelps to Joseph Bateman on 27 Dec 1800, Levi Bateman security; also Betsey Phelps to Silba Godwin on 30 Oct 1799,
John Davenport security.
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