WILL: Friend Phelps; Auburn, Cayuga co., NY
surname: Phelps

submitted by Christine J. Spengler (Cspengl @ UTNet.UToledo.Edu)
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http://www.usgwarchives.net/ny/nyfiles.htm
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Transcribed from SAMPUBCO copy by Chris Spengler
Cayuga County, New York  Will Book Vol. C1 pg. 150
                                
                                
                         FRIEND PHELPS

The People of the State of New York by the grace of God, free and independent. 
To all to whom these presents shall come or may concern, send greeting.  Know
ye that at Ledyard in the County of Cayuga on the seventh day of March in the
year of our Lord one thousand eight hundred and twenty six, before Seneca Wood
Esquire Surrogate of our said County, the last Will and Testament of Friend
Phelps late of the Town of Auburn in said County, deceased, (a copy whereof is
hereunto annexed) was duly proved and is now approved and allowed of by us. 
And the said deceased, having whilst believed and at the time of his death,
goods, chattels or credits within this State, by means whereof the proving and
registering the said Will, and the granting administration of all and singular
the said goods chattels and credits, also the auditing allowing and final
discharging the accounts thereof doth belong unto us..  Therefore the
administration of all and singular the goods, chattels and credits of the said
deceased and any way concerning his Will, is granted unto Halsey Phelps one of
the executors in the said Will named, he being first duly sworn well and
faithfully to administer the same and to make and exhibit a true and perfect
inventory of all and singular the said goods, chattels and credits and also to
render a just and true account thereof when thereunto required.  In testimony
whereof we have caused the Seal of Office of our said Surrogate to be hereunto
affixed.  Witness Seneca Wood Esquire Surrogate of our said County, at Ledyard
aforesaid the seventh day of March in the year of our Lord one thousand and
eight hundred and twenty six.

Seneca Wood, Surrogate.

In the name of God, amen.  I Friend Phelps of the town of Auburn, County of
Cayuga and State of New York being weak in body, but sound in  mind and memory
blessed by Almighty God for the same, but considering the uncertainty of this
mortal life, do make and publish this my last will and testament in the manner
following to which: First, I do give and bequeath unto my son Benjamin Phelps,
twenty-five dollars to be paid in neat stock within one year after my decease. 
Secondly, I do give and bequeath unto Rachael Phelps, my Daughter, twenty-five
dollars, also to be paid in neat stock in manner above mentioned.  Thirdly, I
do give and bequeath unto my Daughter, Roxey, one-hundred dollars, to be paid
within two years after my decease, in neat stock.  Fourthly, I do give and
bequeath unto my Daughter, Wealthy, forty dollars in lawful money to be paid
in thrice years after my decease.  Fifthly, I do give and bequeath unto my
Daughter Harriett, one hundred dollars to be paid in Cash thrice years after
my decease.  Sixthly, I do give and bequeath unto my Son, Halsey Phelps all
the remainder of my estate, Real and personal, to him, his heirs and assigns
forever.  After paying the several legacies in manner before mentioned and all
my debts which I am owing at my decease.  I hereby revoke all former Wills and
Testaments by me made, and I hereby appoint my Son Halsey Phelps and John
Grover my sole Executors to carry this my last Will and Testament into effect. 
Witness my hand and seal at Auburn this the first day of April in the year of
our Lord one thousand eight hundred and twenty four.
       his
Friend         X            Phelps                      SEAL               
                  Mark


Signed, sealed in presence of:
   The words, "and delivered" erased before the execution of these presents

Witness: Salmon G. Grover
               Volney Gusen
    David Gould

State of New York, Surrogates Office of the County of Cayuga ss:  Be it
remembered that on the seventh day of March in the year of our Lord one
thousand eight hundred and twenty six, personally appeared before me, the
Subscriber, Surrogate of the said County of Cayuga, Volney Gusen  one of the
subscribing witnesses to the announced last Will and Testament of Friend
Phelps, deceased, and being duly sworn did depose and say that he saw the said
Friend Phelps seal and execute the said Will, that he heard him publish and
declare the same as and for his last Will and Testament; that at the time
thereof, he the said Friend Phelps was of sound, disposing mind and memory to
the best knowledge thereof of him the said Volney Gusen; and that he the said
Volney, together with Salmon G. Grover and David Gould, the other witnesses to
the said Will, did severally subscribe their names thereto as witnesses, in
the presence of the Testator.

In Testimony whereof the said Surrogate hath hereunto set his hand and affixed
his seal of Office.  Done at Ledyard in said County of Cayuga, this seventh
day of March Eighteen hundred and twenty six. Seneca Wood, Surrogate.

Cayuga County ss:  Be it also remembered that on the said seventh day of March
in the year of our Lord, one thousand eight hundred and twenty six, aforesaid,
personally appeared before me the said Surrogate, Halsey Phelps, one of the
Executors named in the announced Will and was duly sworn to the faithful
performance and execution thereof by taking the usual Oath in the case
provided, and Letters Testamentary were thereupon granted upon said Will, to
the said Halsey Phelps (the other Executors named in said Will having
renounced the execution thereof).

Seneca Wood, Surrogate
Recorded March 7th 1826