In the name of God amen: I Nathan A. Phelps of the County of Tyrrell & State of North Carolina, being in declining health, but of sound disposing mind & knowing that it is appointed for all men once to die do make this my last will & testament in manner & form following. -

Imprimis - I commit my body to the ground to be buried in a plain decent manner, in an humble hope of a resurection to everlasting life, through out Lord Jesus Christ-

Item - It is my will and desire that all my property Viz: real, personal & perishable shall be sold by my executors on such credit or in any way that he may think best, and he has full power to give deeds & bills of sale for the same. It is my particular desire that my negroes Freeman & his wife Lot shall not be separated, but that they shall be sold together. -

Item - After my funeral expenses and debts are paid, I leave the remaining procedes from the sale of my estate in manner & form following -

First - I give to my daughter Leathea Ann Caroline Chessen, one fourth of the neat procedes arrising from the sale of my estate, which I desire my executor to pay her guardian, and which sum I desire her guardian to pay to my daughter above mentioned when she marries or arrives at age. It is my desire that the interest arising from the legacy to my daughter shall be applied to the raising & schooling her. If my daughter Leathea Ann Caroline Chesson should die before she marries or arrives at age then and in that case I lend the one fourth of my estate given to her to my father, to be under the same regulations & disposed of in the same manner as I shall direct the residue. -

Item - I give to the children of my sister Elizabeth Smith deceasd, thirty dollars each, to be paid by my executor to the guardian -

Item - I lend to my father all the residue of the money arising from the sale of my estate, during his natural life, and in the event of my mother being the longest liver to her during her natural life. At the death of my father and mother it is my desire that the part of my estate of which they have had the use, shall be equally divided between my sisters Rosina, Charlotte, Claressa and Cassa. I desire that if my daughter Leathea Ann Caroline Chessen should die before she marries or arrives at age and my father and mother be also dead, that the part of my estate devised to her my said daughter shall be also divided between my sisters, Rosina, Charlotte, Claressa & Cassa to them and their heirs forever -

Item - I appoint my father the guardian of my daughter above mentioned & in the event of her death he has full power to nominate any one who he may think best. -

Item - It is my particular desire that my daughter above mentioned shall be carried by my father or his representaties to the Western County & if her mother Betha Chessen should wish to go also to that County, that he shall bear her expenses whilst going -

Finally - I constitute and appoint my friend Ebenezer Pettigrew sole executor of this my last will and testament. In witness whereof I have put my hand & seal this 17 of January 1832-

Nathan A. Phelps (Seal)

Witness
W. C. Warren
Jessie (his x mark) Spruill

Nathan A. Phelps (Seal)

Witness
W. C. Warren
D. G. Godfry

Minutes
Tyrrell County Court of Pleas & Quarter Sessions

July Session 1832

The will of Nathan Phelps deceased was exhibited in open court and proved by the oath of Wm. C. Warren the subscribing witness thereto who also swore that he saw Jesse Spruill Junr. & D. S. Godfry sign the same as concuring ?
At the same time appeared E. Pettigrew the executor and qualified in due course of law.

Transcriber's Notes:

Tyrrell County marriage bonds show the marriage of Nathan A. Phelps to Priscilla Tarkinton on 27 May 1815, Urijah Phelps security.

Priscilla Phelps died in 1817. See the 1817 estate file.

Return to Tyrrell Co Wills Introduction & Table of Contents

Updated February 3, 2021
Ellen Kroll