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PHELPS, MARY
State of North
Carolina
Tyrrell County
Book 3, page 44
Dated 11 Aug 1854
State of No. Carolina
Tyrrell County
August 11th 1854.
It being the will of God that I am about to depart this life. & being of
sound disposing mind & memory. I recommend my soul to God & my body to
be decently burrid in my family burying ground. 1st. I wish all my debts to be
paid out of my chattel property.
2d. Give to my three daughters Charlotte P. Newberry, Kissiah B. Norman,
& Elizabeth M. Phelps all my negroes, to be equally divided after my
death (Viz) Annise, Tamor. Ben. Milford, Lucy, Ned, John, Henry, & Ann
Eliza. Should any event occur that my daughter Elizabeth M. Phelps
should lose her share in the above negros, I than direct my executor to pay out
of all the shares two hundred & fifty dollars, cash, it being my must due
for leaving the negroes to my beloved daughter Elizabeth M. Phelps, the
above named negros,
3- I direct all my chattell property to be sold at six months credit except,
one feather bed & furniture which I give to my daughter Elizabeth M.
Phelps Should there be anything left out of the sales of my chattel property
I leave that to be equally divided between my daughters above names. And if
there is not enough chattel property the balance be made out the shares of
negroes equally. I ordain & appoint my much esteemed friends James S.
Sutton & Hardy Norman, executors to this my last Will and Testament.
Signed, sealed & delivered in the presence of us.
Henderson S. Sutton
John his X mark Rhodes
(Signed) Mary Phelps her X mark (Seal)
Court of Pleas and Quarter sessions
October Term 1854-
The within paper writing was duly proved in open court according to law, by
the oath of John Rhodes, one of the subscribing witnesses, thereto, &
was admitted to probate as a will executed with formalities, to pass real &
personal estate of Mary Phelps the testatrix and ordered to be recorded
at the same time Hardy Norman an executor therein names, appeared &
qualified as executor thereto, and James S. Sutton appeared and renounced
his right to qualify as executor.
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