Person:Joseph Phipps (4)

Will of Joseph Phipps

JOSEPH PHIPPS (1706-1771). Fincastle, Botetourt Co., VA, Probated 11 Feb 1772

In the Name of God AMEN I Joseph Phipps now of the County of Botetourt & Colony of Virginia, being weak in Body but of perfect mind and memory (Thanks be to God for the same) but calling to mind the uncertainty of this life, and knowing that all men must die, do make ordain publish and declare this my last Will and Testament in manner and form following (that is to say) first and principally being penitent and heartily sorry for my Sins, I commend my soul into the Hands of Almighty God in whom and by whose Mercy I trust & Assuredly believe to be saved & my body I commit to the Earth to be decently Buried by and at the discretion of my son and friends, and for the disposal of such temporal Estate wherewith it hath pleased God to bless me I do give devise and dispose of the same in manner and form following (that is to say)

IMPRIMIS I give & devise to my son Joshua Phipps of Botetourt County in the colony of Virginia one Merchant Mill with the appurtenances situate lying and being in the Province of Pennsylvania in Uwchland Township Chester County lying on a Creek commonly called & known by the name of Little Brandywine,

ITEM I devise to my said son Joshua Phipps three different tracts or parcells of land, Situate lying and being in the Province and County aforesaid, and Adjoining the Mill before devised containing by Estimation about one hundred and fifty Acres be the Same more or less and Adjoining the Lands of Robert Allison Wm. Rogers James McCatherine Samuel Byars & John Smith all of said Province and County to him and his heirs for ever

ITEM I give and devise to my son Joshua Phipps a negro man Slave named young Caesar to him and his heirs for ever

ITEM it is my will and desire that all ye Bills Bonds & Debts of any kind whatever that is due from my two sons Aaron Phipps and Caleb Phipps be given up and Cancelled by them two as I hereby bequeath the said debts to them two

ITEM I give & Bequeath to my Daughter Mary Lewis the wife of Isaac Lewis of ye Province of Pennsylvania in Youchlin Township and Chester County the sum of One Hundred Pounds Current Money of Pennsylvania to be paid by Executors out of ye money due to me that is at Interest the said sum of Money to be paid to the said Mary Lewis for her own use and the Advantage of her Children & not to be made use of for the paying any Debts of her Husband's contracting,

ITEM I give and bequeath to my Daughter Rachel Astin the wife of Owen Astin the sum of one hundred pounds Current money of Pennsylvania she living in Cumberland County in the Province aforesaid the said sum of Money to be paid out of my money out at Interest if there is not sufficient at Interest out of ye rest of my Estate not already devised the said sum to be paid to ye said Rachel Astin for the use of herself and Benefit of her Children and not to be made use of for the paying of any debts of her Husband's Contracting

ITEM I give and devise to my Grand Daughter Mary Hubbard one Mullattoe Girl named Pugg, to her and her heirs for ever,

ITEM I give and bequeath to my Daughter Hannah Astin the wife of George Astin of Botetourt County and Colony of Virginia the sum of one hundred and fifty pounds Current Money of Virginia to be paid to her for the use of herself and Family & not to pay any debts of her Husbands contracting.

ITEM I give and bequeath to my son in law George Astin all Debts of any kind whatever that is owing to me from him

ITEM I give and bequeath to my two sons above mentioned Aaron Phipps and Caleb Phipps the sum of five shillings sterling money each

ITEM I give and bequeath to my Daughter Easter Crosby one negroe Girl named Dinah to her and her heirs for ever It is my will and desire that if ye mill & plantation lying in East Caln on a big branch of Brandy Wine in the Province aforesaid should be recovered by Law that the sum of one hundred Pounds should be given to Jonathan Phipps and fifty Pounds to Anne Phipps his Sister both Children of Joseph Phipps Jun Current Money of Pennsylvania but in case the said mill and Plantation should not be recovered by my Executors they are not to have any part of the above mentioned Legacies, it is my further desire that provided the said Mill and Plantation already mentioned is recovered that after paying the Two Legacies to my Grand Children Jonathan and Annie the remainder part of ye money arising from ye sale of ye said Mill and Plantation shall be divided among all my Children at the discretion and Pleasure of my Executors.

ITEM I give and devise to Benjamin Phipps son of Esther Crosby a Plantation Containing about one hundred and thirty Acres be the same more or less Situate lying & being in Youchland Township Chester County in ye Province of Pennsylvania with its Appurtenances adjoining Enoch Wells William Owen David Owen David Beaty & Robert Ellison to him and his heirs for ever but upon this Proviso that in Case the said Benjamin Phipps Should die before the age of Twenty one years without Issue lawfully Begotten pf his Body then ye said land to be sold and Equally divided among all my Children then living.

Lastly it is my will that my personal Estate be sold by my Executors and equally divided among my Children,

I do hereby constitute nominate and appoint my trusty and Beloved friends John Nowles of Chester County, Ridley Township in the Province of Pennsylvania & Elisha Price in ye Borough of Chester & County and Province aforesaid, whole and sole Executors of this my last will & Testament desiring them to take upon them the Execution thereof and to see the same duely and truly performed.

And I do hereby revoke disannul & make void all & all manner of former & other wills & wills testament & Testaments heretofore by me made and declared either in word or writing and do publish and declare this to be my last will and Testament

IN WITNESS whereof I have hereunto set my hand and applied my seal this seventh day of December in the year of our Lord one thousand seven Hundred & Seventy one.

Signed Sealed Published and declared in ye Presence of us.

It is my Will that the Sum of Ten pounds Current money of Pennsylvania be paid Towards the repairing the Quaker grave yard in Youchland Township of sd Province

(signed) Joseph Phipps

Signed Sealed & Published in presence of us . . . Thomas Madison, William Bowing, Rees Bowing

At a Court held for Botetourt County February 12th 1772 Then personally appeared in Court Thomas Madison William Bowing and Reece Bowing and beingfirst sworn on the Holy Evangelists of Almighty God, Deposed that they saw Joseph Phipps Sign Seal publish and declare this Instrument of writing as and for his last will and Testament, and that they Subscribed their names in his presence and by his desire as Witnesses, and that they believed him to be in his perfect Senses at that time. Whereupon the same is Ordered to be Recorded.

TESTE John May C B C RECORDED AND EXAMINED Virginia Botetourt County

I John May Clerk of the Court of Botetourt County in the Colony of Virginia aforesaid Do hereby Certifie that the above is a true Copy of the last will and Testament of Joseph Phipps deceased. In Testimony whereof I have hereunto set my hand and Caused the seal of the County to be affixed this 17th Day of August in the year of our Lord One Thousand Seven hundred and Seventy two in the Twelfth year of the Reign of our Sovereign Lord George the Third

John May C B C

Source: http://files.usgwarchives.org/pa/chester/wills/p/phipps-j.txt

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http://www.knight-france.com/geneal/knight-legacy/176.htm