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PHELPS, NATHAN A
State of North
Carolina
Tyrrell County
Book 2, page 111
Dated 17 January 1832
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
This my codicil I wish to be considerd a part of my will. It is my particular
will and desire that my friend Betha Chessen shall have from estate my
best bead & furniture & beadstead - and that she shall be paid by my
Executor E. Pettigrew out of my estate one hundred and fifty dollars,
which shall be in full consideration of all services for me. Witness my hand
& seal the 26 of June 1832
Nathan A. Phelps (Seal)
Witness
W. C. Warren
D. G. Godfry
County Court
July Term 1832
The
last will and testament was exhibited in open court and proved by the oath of
W.C. Warren the subscribing witness thereto who swore that he saw
Jessie Spruill & D. G. Godfry sign the same as concurring testimony
thereto - At the same time came Ebenz Pettigrew and qualfied executor
thereto.
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