In the name of God amen: This twenty fifth day of November in the year of our Lord one thousand eight hundred & seven I Benjamin Phelps Planter of Tyrell County being sick and weak in body but of a sound memory thanks be to God calling to mind the uncertainty of this life and all flesh must yield unto death when it do please God to call do make and ordain s my last will and testament in manner and form following. First of all I recommend my soul to Alimighty God that give it and my body to be buried in a Christian like manner by my executors hereafter named when its please God to call and my temporal estate that it hath been pleased God to give me I give and dispose of in the following manner Viz:

I give and bequeath unto my well beloved wife Elizabeth Phelps her heirs and assigns forever one mare and side saddle one cart all my corn all my hogs and all my cattle two head of sheep one woolen wheel one linen wheel. I do by these presents empower my wife Elizabeth Phelps to sell all the lands whereon I now live containing seventy five acres be the same more or less and after she has secured the payment for the same I do by these presents authorise my beloved wife to execute to the said purchaser a good warrantee deed for the same and do farther by these presents oblige my sd. heirs to abide by such sale and the money arising from such sale, I do further empower my wife to purchase and lay out for lands in the county of Washington & the land when purchased the deed she is to take to my heirs and my said wife is to have the use of said land when purchased during her natural life for the purpose of raising my children and after her death the sd. land to be equally divided among my children Polly Nancy Debora Pennaniah & Betsey Phelps to them and their heirs forever.

I give unto my beloved daughter Mary Phelps one bed and furniture one bible to her and her heirs forever ---

I give and bequeath unto Nancy Phelps one bed & furniture I give and bequeath unto my well beloved daughter Debora Phelps one bed and furniture. I give and bequeath unto my beloved daughter Penniah Phelps one bed and furniture I give and bequeath my beloved daughter Betsey Phelps one bed and furniture, all the remaining part of my estate I give unto my beloved wife Elizabeth Phelps her heirs and assigns forever. I do by these presents appoint Elizabeth Phelps Executrix of this my last will and Testament in witness whereof I have hereunto set my hand and seal the day and date first written.

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

Signed Sealed in the presence of us

Urijah Phelps
Robert Wynne

Minutes
Tyrrell County Court of Pleas & Quarter Sessions

January Session 1808

The last will and testament of Benjamin Phelps deceased was proved in open court by the oath of Robert Wynne Esqr. and Urijah Phelps filed.

Elizabeth Phelps quallified in open court to the last will and testament of Benjamin Phelps deceased as executrix thereto agreeable to the said will.

Transcriber's Notes:
Tyrrell County marriage bonds show the marriage of Benjamin Phelps to Elizabeth Airs on 11 Nov 1795, Joseph Harris security.

Return to Tyrrell County Wills Introduction

Updated October 10, 2018
Gordon L. Basnight