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Russell County Courthouse, Lebanon, Virginia

J. C. Phelps’ Will

            Pikeville, Kentucky, May 23, 1916

I, J. C. Phelps, of Pikeville, County of Pike and State of Kentucky, being of full age and sound mind and memory, do make, publish and declare this to be my last will and testament, hereby revoking all wills by me heretofore made.

Item I:  I give and bequeath to my wife, Margaret Phelps, all the household furniture, books, pictures and all other household effects which shall be in and about my residence at the time of my decease.

Item II:  I give and devise to my wife, Margaret Phelps, my real estate and appurtenances thereto in the town of Pikeville, Ky., which is situated near the County high-school building, and on what is known as fifth street, and conveyed by deed jointly to my wife, Margaret Phelps, and me by William Auxien and wife.

Item III:  I give and bequeath to my son, Chester Phelps, as his share of my property my shoe repair shop, and all the machinery and tools belonging thereto.

Item IV:  I will that my real property in the state of Virginia, consisting of a farm and buildings, etc. situated on the waters of Mocassin Creek in Russell County, VA. And adjoining the properties of Joseph Cumbo, Frank Hansons and Frank Gilmore, be sold according to arrangements already made, and as soon as convenient without impairment to merchantable value after my demise, and part of the proceeds of the said sale divided among my children in the following manner, to wit:

My eldest daughter daughter Jennie Wolford shall receive $50.00 (fifty dollars); my next daughter, Josephine Brown, shall receive $50.00 (fifty dollars); my daughter, Maggie Kirk, shall receive $10.00 (ten dollars); my eldest son, Walter Phelps, shall receive $25.00 (twenty-five dollars); my son Willie Phelps, shall receive $50.00 (fifty dollars); my son James Phelps, shall receive $50.00 (fifty dollars); my youngest daughter, Georgia Phelps, shall receive the sum of $200.00 (two hundred dollars).

Item V:  It is my will that the remainder of the proceeds of the sale of the said farm, after the expense of carrying this will in full force and effect shall have been paid shall be held in reserve as a fund for the support of my wife and my youngest daughter, Georgia Phelps, and the same shall be jointly placed in the hands of my daughter Josephine Brown and son James Phelps, as joint trustees without bond to be paid to the beneficiaries (my wife and my said daughter) according to their need in the discrition of the said joint trustees.

Item VI:  I make, nominate and appoint my daughter, Josephine Brown, of Fort Jay, West Virginia, to be executrix without bond of this, my last will and testament.

In witness whereof, I have hereunto set my at hand at Pikeville, Kentucky, this, the 23 day of May, A. D. 1916.

Signed by J. C. Phelps and by him acknowledged to be his last will and testament in our presence, sight and hearing, who at his request have hereunto subscribed our names as witnesses, and in the presence of each other, at Pikeville, Kentucky this the 23 day of May 1916.

                                                                        S. M. Cecil of Pikeville, Ky.

A.    S. Corbin of Pikeville, Ky.

Copy Attest:

            J. E. Ratliff Clerk Pike County Court, Pikeville, Kentucky

In re:  Will of John C. Phelps.

                                                Pike County Court

An instrument of writing purporting to be the last will and testament of John C. Phelps, deceased, late of this county who died on the 17^th day of June 1916 was produced in court and proven by the testimony of S. M. Cecil and A. S. Corbin the subscribing witnesses thereto, whereupon the source was established by the court to be the last will, and testament of the said testator and ordered to be recorded.

            Copy Attest

            J. E. Ratliff Clerk Pike County Court,

                                    Pikeville, Kentucky

Virginia, in the Clerk’s office of the Circuit Court of Russell County, on the 19^th day of August, 1916, in vacation of said Court.

The foregoing certified copy of the last will and testament of J. C. Phelps, deceased, late of Pikeville, County of Pike and state of Kentucky, together with a certified copy of the order probating said will in Pike County Court, both of which are certified to by the clerk of the probate court of said Pike County, Kentucky and under the seal of the said Pike County Court, were, on the 29^th day of August, 1916, produced in the Clerk’s office of the Circuit Court of Russell County, Virginia and admitted to record.

                                                            Teste:

                                                            E. R. Combs, Clerk

                                                            By O. B. Gilmer, D. C.

Notes:  This man is the son of Samuel Phelps, Jr., 

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