NOTE:  James' mother is still alive. 

Contributed by Valerie J. Davis

The Will of James Phelps, of Caswell Co, NC
October 1788 Caswell County, North Carolina
Loose Handwritten Will

LDS Film 0018414, Caswell County, North Carolina Superior Court: Wills, inventories, court minutes, 1776-1864. Handwritten Will of James Phelps (1788), transcribed by Valerie J. Davis, Dec 1999

[words that have been crossed out in the original text appear in this transcription enclosed by double slashes; //example//. The missing portions of words cut off by the edge of the page are indicated with a line; examp| Spelling irregularities have been maintained. vjd]


James Phelps Will
Recorded in Book B, folio 155
Test AEMurphy
fees paid

Ja's Phelps Will

In the Name of God Amen I James Phelps of Caswell County Province of North Carolina being Weak of body but of Perfect Sense and Memory do make and declare this my last will and Testament in manner and form following first I Recommend my Soul to Almighty God Who gave it me, hoping to Receive it again at the Last day in a Joy full Resurrection my body to be Buried in a christian like manner as for What Worldly Estate it has pleas'd God to Bless me With after my funeral Expences and Just debts are paid I order and dispose of the following manner

I Give and bequeath to my Son William Fifty Pounds Currant money to be paid out of my Estate.

2'ly I lend the Remainder Part of my Estate With my land to my Beloved wife Mary During her natural Life or Widowhood She raising my children out of it as I have heretofore done.

3'ly I Give and Bequeath after my Wifes decease to my Youngest Son Ambrose that part of my Land Lying on the North side of the Branch being the part whereon I now live.

4'ly I Give and bequeath to my Next youngest son Obadiah the other part of my land to him and his heirs only my mother to have her Lifetime thereon if She Chooses.

5'ly The Remainder Part of my Estate after my Wifes decease I Give to be Equally divided Among the Rest of my children to wit Reubin, Thomas, Larkin, Lucy, Betty, and Patty. If my Wife should marry then to be Equally divided among my Six Children Reubin, Thomas, Larkin, Lucy, Betty and Patty and my Wife.

6'ly My Will and desire is that if Either of my Eight youngest children should die Without Lawfull Issue that their part be Equally divided amongst the Survivers of them.

7'ly And lastly I appoint my beloved Wife Mary my Executrix and my Son William my Exor to this my last Will and Testam't In witness Whereof I have hereunto Set my hand and Seal this fifth of March 1785

Seal

|gn'd Seal'd
|d'd in Presence of} Wm Cromwell WC his mark
|adr_cH H__son James Williamson x his mark
[signatures go right to the bottom of the page - no signature for James Phelps appears. vjd]


Caswell County October Court 1788
This Will is //was duly// proved in open Court by the Oaths of John Phelps //(who// William Cromwell and Shadrack Hudson in the manner as entered of Record upon the Minutes of this Term and Ordered that the said Will be admited to Record.
Test AE Murphy Clk

Executors gratified

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CASWELL COUNTY, NC marriage bonds
provided by Joel Melton, abstracted by Valerie J. Davis

Thomas Phelps to Mary Pass, bond & license 17 Dec 1791

surety: Jesse Moore

Larkin Phelps to Anna Dye, bond & license 19 Aug 1796

surety: Willis B. Smith

[Larkin signed "Larking Phelps"]

Ambrose Phelps to Sally Dye, bond & license 19 Aug 1796

surety: Larkin Phelps

[signatures: "ambrose Phelps", "Larking Phelps"]

Obediah Phelps to Peggy Dye, bond & license 28 Dec 1796 [date is possibly 22 Dec]

surety: James Randal