Document from PrairieQueens.com
Will Book 21, Page 93
Washington County Courthouse, Abingdon, Virginia
I, Martin Phelps of the County of Washington and State of Virginia, being of
sound mind and disposing memory and in this the year of our Lord one thousand
eight hundred and seventy-seven do ordain and make this my last will and
testament.
First. I give and bequeath to my daughter, Virginia my farm and all my property personal and otherwise so long as she may live, upon the following conditions, namely, my daughter Virginia is to take care of me during my natural life – After my death she is to pay to each of my children whose names are as follows: the sum of Twenty-five dollars: James Phelps, John Phelps, Martin Phelps, Newton Phelps, Margarett Counts and Salla Gobble, then to my remaining children Patsy – Hiram & Hardy or their lawful heirs I will and bequeath to each one dollar – my wife Malinda Phelps is to have a home with my daughter Virginia during her natural life or so long as she remains my widow but should she marry again her interest in said property to sease. I further desire and request that this my last will and testament be recorded, but no letters of Administration taken. In testimony whereof I have set my hand and affixed my seal, this Dec 12th one thousand eight hundred seventy-seven.
his
Martin x Phelps
Seal
Witness
James T. Price
Isaac A. Worley.
Virginia: At a court continued and held for Washington County the 28th day of November 1881.
A writing purporting to be the last will and testament of Martin Phelps deceased was produced in court and proved by the oath of James T. Price, one of the subscribing witnesses thereto, And it appearing to the court that Isaac A. Worley the other subscribing witness thereto resides out of this Commonwealth, to wit: in the State of New York. On motion, a commission is awarded to be directed to any commissioner appointed by the Governor of the State, or any Justice of the Peace or Notary Public for the State of New York to take the deposition of said Isaac A. Worley in proof of said writing as a will.
Test. Wm. G. G. Lowry, C.C.
The Commonwealth of Virginia,
To any commissioner for the State of Virginia or Notary Public for the County of Queens State of New York or any person who will certify himself to be a Justice of the Peace for the County of Queens in the State of New York: Know you: That we trusting to your fidelity and provident circumspection do require you that at such certain terms and places as you chall appoint to call and cause to come before you Isaac A. Worley a witness attesting the last will and testament of Martin Phelps dec’d hereunto annexed and diligently examine him on oath or solemn affirmation whether or not the said Martin Phelps signed and published the writing annexed hereto as his last will and testament.
Whether or not he was of disposing mind and memory and whether or not the said Isaac A. Worley subscribed his name thereto in the presence of the other subscribing witness thereto, and when you have thus examined him touching the same that you distinctly, plainly and without delay send and certify the said examination in such manner as such acts are usually authenticated by you enclosed into our said court, returning this writ together with the said will.
Wm. G. G. Lowry, Clerk of Washington County Court.
The deposition of Isaac A. Worley taken before me Daniel Noble a Notary Public for the County of Queens, State of New York pursuant to the commission hereto annexed taken on the 22 day of December 1881 at Long Island City in said County to establish the last will and testament of Martin Phelps deceased late of Washington County and State of Virginia, said Isaac A. Worley being first duly sworn, deposeth as follows:
1st Question: Was the paper shown you and hereto annexed as the last will and testament of Martin Phelps deceased, signed by the said Martin Phelps in your presence? Answer. It was.
2nd Question: Was he at the time of signing said will of sound and disposing mind & memory. Answer: He was.
3rd Question: Did you subscribe said last will and Testament as a witness; and if yea did you subscribe the same in the presence of Martin Phelps and at his request and in the presence of James T. Price, the other subscribing witness to the same? Answer: I did subscribe said last will and Testament as a witness at the request of Martin Phelps and in the presence of James T. Price the other subscribing witness thereto.
Isaac A. Worley
State of New York
Queens County, to wit:
I, Daniel Noble a Notary Public in and for the County and State aforesaid do
hereby certify that the foregoing deposition of Isaac A. Worley was duly taken
and acknowledged before me at the time and place mentioned therein.
Given under my hand & seal this 22 day of December 1881.
Daniel Noble
Notary Public
Queens Co. N. Y.
At a court continued and held for Washington County the 6th day of March 1882.
The last will and testament of Martin Phelps dec’d was again produced in court and the commission thereto annexed of taking the attestation of Isaac A. Worley one of the subscribing witnesses to said will and the certificate under the hand and seal of Daniel Noble a Notary Public for Queens County, State of New York of the execution of the said commission being seen and inspected by the court it is ordered that said will be admitted to record.
Teste. Wm. G. G. Lowry, C. C.
Notes: Martin Phelps was a brother of John Phelps (Ida Phelps’ father). The “other children” he gives one dollar to seem to be from his first marriage to Eda Countis in 1820.
This page was last updated on 02/14/18 07:12 PM
Top of Page About Us Copyright and uses Privacy Sources