Document from PrairieQueens.com

August 22, 1885
Washington County Will Book 22, Page 308
John Phelps will

In the name of God, Amen,

I, John Phelps of the County of Washington and State of Virginia of the age of eighty five years and being of sound mind and memory do make publish and declare this my last will and testament in manner following that is to say:

First, I give and bequeath, to my Daughter Jane Kistner the sum of fifty Dollars which sum of money I direct and order to be paid to the said legatee within one year after my decease.

Second, I give and devise to my Daughter Lavinia [Lucy Ann ] C. Mann, and her heirs, one tract or Parcel of land situated in Little Moccasin Gap, in the County of Washington and State of Virginia.  Beginning on a buckeye on the North side of the Turnpike road, thence with the road to J. J. Scott’s line thence with sd. Line to Nunley’s line, thence with said line to Lilley’s line with said line to corner to Myra [Maria] F. Phelps thence with said line to the beginning.

Third, I give and devise to my Daughter Martha W. Martin her heirs and assigns one tract or Parcel of land situated in little Moccasin Gap in the County and State aforesaid.  Beginning on a buckeye corner to Myra F. Phelps, thence north to four poplars on James Phelps line, with said line to the corner on the E. side of creek, thence with the old road to the new road to Scott’s line thence to the beginning.  And I give and bequeath to my Daughter Martha W. Martin aforesaid the sum of one Dollar.

Fourth, I give and bequeath to my Daughter Myra F. Phelps her heirs and assigns, one tract or parcel of land situated in Little Moccasin Gap, in the County and State aforesaid.  Beginning on a buckeye corner to Martha Martin on the South side of the road on J. J. Scott’s line and with said line to the road, thence up the road to a buckeye on the North side of said road, corner to L. C. Mann, thence North E. to Lilley’s line on the top of a ridge thence west to Martha W. Martin’s line, and with said line to the Beginning.

Fifth, I give and devise to my two Daughters viz. Ida F. Branch and Palestine L. Phelps, their heirs and assigns a certain tract or parcel of land situated in little Moccasin Gap in the County and State aforesaid to be equally divided between them or their heirs.  Beginning on a wild cherry on Maria F. Phelps line and with said line to the branch, thence with Martha W. Martin’s line to four poplars on James Phelps line, thence with said line to Martin Gobble’s line, thence with said line to Martin Phelps line, thence with said line to James Phelps, thence with said line to William Phelps line, thence with said line to the Vangeline B. Davis corner on apple tree thence with said line to the beginning.

Sixth, I give and devise to my son W. R. Phelps his heirs and assigns, one tract or parcel of land situated in Little Moccasin Gap in the County of Washington and State of Virginia.  Beginning on walnut and hickory corner to V. D. Davis’s line thence with said line and fence to a stake near a large apple tree, thence with the fence to an apple tree corner of V. B. Davis and William Phelps thence with Ida F. Branch’s and P. L. Phelps line to an apple tree W. R. Phelps corner, thence strait line to James Phelps line thence with said line to a hollow corner of V. B. Davis thence to the beginning.  And I also give and bequeath to my son W. R. Phelps the sum of one Dollar and direct and order it to be paid in one year after my decease.  In witness whereof I have hereunto set my hand and seal, this 22^nd day of Aug. in the year of our Lord one thousand eight hundred and eighty five.

                                                                                     John x Phelps [his mark]

Witness:

W. S. Gilmer, Russell Co. Va
James Phelps, Russell Co. Va
Thos. R. Hines, Washington Co. Va.

At a Court begun and held for Washington County the 27^th day of September 1886.

            The last will and Testament of John Phelps dec’d was produced in Court and proved by the oath of Thomas R. Hines and James Phelps the two subscribing witnesses thereto and ordered to be recorded, and on motion of L. H. Counts who took the oath of an administrator prescribed by law and together with A. A. Branch and W. S. Davis his securities entered into and acknowledged a bond in the sum of Three Hundred dollars conditioned as the law directs.  A Certificate is therefore granted him for letters of administration with the will annexed of John Phelps decd in due form.

                                                                        Test.

                                                                        D. C. Cummings, Jr. D. C.

[John Phelps died August 20, 1886.  This will does not will anything to his daughter Evangeline Davis.  That is because, on the same day that he wrote his will, August 22, 1885, he deeded a parcel of land to her.  So he had already given her the land that would have been in the will.  His daughter Jane Kestner was from his first marriage.  We don’t know who her mother was.]

This page was last updated on 02/14/18 07:12 PM