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Timothy Phelps, 1639 Will
Of Windsor, Colony of Connecticut
Last Will and Testament of Mr. Timothy Phelps of Windsor, in the County of Hartford and Colony of Connecticut in New England.
In the name of God, Amen:
I, Timothy Phelps of Windsor, in the town, county and colony aforesaid in New England, being very aged, and yet through the mercy of God retaining a good measure of that understanding and memory that he hath been pleased to bestow upon me, do make and ordain this to be my last will and testament: First, I commit my soul to God in Jesus Christ my saviour and my body to the earth, to be decently entered. As for my estate Real and personal, my just Debts and funeral expenses being deducted and paid by my Ex", I will devise and bequeath as followeth.
Imprimis. I give, devise and bequeath all my estate whatsoever, Both Real and personal, To my three sons William, Cornelius, and Samuell to have and to hold and Improve the same in trust for the use of my wife during her natural life and after her decease my will is and I hereby do give and devise all my houseing and Lands with the appurtenances, To my sons Timothy Phelps, William Phelps, Cornelius Phelps, Samuel Phelps, Nathl. Phelps and the heirs of Joseph Phelps, in the Room of their father to be equally divided into Six Equal parts provided always; and it is my will that they pay and make up to their Sisters Sarah, Hannah, Ann and Martha, my daughters or to their heirs and to the heirs of my daughter Abigail deceased fourty eight pounds as money apiece and my will is that what they have already received as entered upon my book shall be reckoned as part of said sum and if my said sons and the heirs of my son Joseph shall pay their sisters and their heirs above mentioned in equal proportion except that the heirs of Joseph shall pay four pounds more then an equal proportion and my son Cornelius four pounds less then an equal proportion.
And my will further is that my wife shall have the free disposal of all her wearing apparel at her decease and that my grandson Samuel Filler shall have half of that bequeathed to the heirs of my Daughter Abigail if he liveth with me so long as I live or till he comes to the age of eighteen years and I do hereby nominate and appoint my loving wife Mary to be my executrix and my three sons William, Cornelius and Sam to be my executors to this my last will and testament.
In witness whereof that this is my last will and Testament I ye sd Timothy Phelps have hereto put my hand and seal this Second day of March Anno Domini One thousand Seven hundred sixteen or seventeen.
his
Timothy X Phelps.
mark and a seal.
The said Timothy Phelps signed, sealed & declared this to be his last will & Testament in presence of us.
John Mansfield, Thomas Moore.
And whereas I being aged and my wife so and not knowing how long it may please God to continue my life and not knowing what debts and charge may Arise before I leave this world my will is that my sons and my daughters & their heirs shall pay their equal parts and shares of my debts and charges after my decease and my daughters Sarah Hannah, Ann & Martha & the heirs of Abigail shall have fourty six pounds apiece with what they have already have to be paid as money out of my estate after my decease by the charge as above mentioned I intend that if there be any extraordinary charge so that the improvement of my estate will not maintain me this addition of my will was made and published this second day of March, One thousand Seven hundred Sixteen or Seventeen.
His
Timothy X Phelps
mark and a seal.
Signed sealed and Declared to be his addition to his Will and Testament in presence of us.
John Mansfield + Thomas Moore
Windsor September 28th 1719
Then came before me the subscribers hereunto Capt. Thomas Moore and John Mansfield both of Windsor and made solemn oath that they saw Timothy Phelps sign and seal the foregoing written both sides of the first half sheet of this paper & declared the same to be his last will and testament and that they set their- hands thereunto as witnesses at the same time and also that they saw said Timothy Phelps sign and seal the writing on the other side of this half sheet paper and declare the same to be his addition to his will and testament and that they set their hands thereunto as witnesses at the same time and that according to their best observation he sd Phelps was of sound mind and memory.
Matthew Allyn, Asst.
(1) From The Phelps Family of America and Their English Ancestors, (Save $200 by ordering through us.) By Oliver S. Phelps and Andrew T. Servin. (Get a free, updated index here.)Original spelling and punctuation preserved.)