Wills: Theophilus Philips, 1789: Fayette County, PA Contributed for use in USGenWeb Archives by S Norton. USGENWEB NOTICE: Printing this file within by non-commercial individuals and libraries is encouraged, as long as all notices and submitter information is included. Any other use, including copying files to other sites requires permission from the submitters PRIOR to uploading to any other sites. We encourage links to the state and county table of contents. ____________________________________________________________ In the name of God Amen. I Theophilus Philips of County of Fayette and State of Pennsylvania being of sound mind and memory thanks be to God calling to mind the mortality of all flesh and that its appointed for all men once to die do this fourtheenth day of August in the year of Our Lord seventeen hundred and eighty eight make and publish this my last will and testament in the way and manner following, first, and principally I recommend my soul to God that gave it and my body to the dust nothing doubting but that I shall receive the same again at the final Resurrection of all flesh according to the mighty power of God and touching my temporal estate with which it has pleased God to bless me I will and bequeath it in the way and manner following-- Imprimus after funeral expenses is paid I alow all other my just debts to be paid. Also I will and bequeath to Ann my beloved wife the third of all my moveable estate likewise one negro woman named Sue. Also one feather bed and furniture also one bay mare I bought of Daniel Miller and her saddle and bridel. Also the plantation I now live on with all the buildings to own during her widowhood and no longer, then the plantation is to be divided as is hereafter commissioned. I give and bequeath to my Daughter Francis one mair and Colt known by the name of Fanny, mair one sadle and bridel that she has at this time to her and her heirs forever. I will and bequeath to my daughter Elenor one five year old mair one saddle and bridel which I allow my executor to __ of my moveable estate to her and her heirs foever. I will and bequeath to my daughter Elizabeth one ___ colt two years old ____with bridel and sadle to her and her heirs forever. The remainder of my daughter Joanna Mary Ann and Sarah I will to each of them twenty pounds a peace. I will unto my two sons William and John the plantation I now live on at my wife Mariage to be divided as follows to begin where George Wilson's line crosses my stillhouse branch thence up __ the branch to a mouth of a run that comes from my blacksmith shop thence up said run to a spring wear the mouth of a drean then with a strate line to Joseph Coldwell line leaving the barn four rods to the west and the __ west side to be Williams and the east side to be Johns. If either of them should dye before they come of age, the other is to have the whole place to them and their heirs forever. Also one negro boy named Hana, also one tract of land in Harrason County on Horner's Run that John Purdy is to give me a patton for Clear all cost to their and their heirs forever. I will to Philip on trackt of land at the mouth of Acklin___ three fork creek to him and his heirs forever. The remaind of my back lands I alow to be sold and the moneys arising from such sale to be divided equally amongs all my children and I hereby Constitue my beloved wife Ann Phillips executor of this my last will and testament hearby revoking and making void all former wills ratifying and Confirming this and this only to be my last will and Testament, In witness whereof I have hereunto set my hand and affixed my seal the day and year above first above written. Theos Philips (seal) Signed, sealed and acknowledged by the Testator to be his last will and Testament in the presence of us who are subscribing _____hereunto Thomas Williams James Hannah Fayette County SS The tenth day of October Anno Domini 1789 before me Alexander McClean Esquire Register for the Probate of wills and granting Letters of Administration in the County aforesaid personally came James Hannah one of the signing witnesses to the foregoing writing purporting to be the last will and testament of Theophilus Philips late of said County deceased and on his solemn oath declared that Theo Philips desired him and the other witnesses to set their hand to the same as witnesses and that they did the same in the presence of said Theophilus Philips and n the presence of each other and that at the time of so doing the same the said Theophilus Phillips appeared to the deponent to be of sound memory and composure of mind and not influenced thereto by any person but believed it to be his voluntary and Delebrate Act witness my hand and seal the same day Alexander McClean (seal) Register Fayette Co SS The twenty first day of June Anno Domini 1790 before me Alexander McClean Register for the probate of will and granting Letters of Administration in and for said County personnal came William McLeary Esquire on his solemn oath declared that from a frequent and intimate Correspondence with Theophilus Phillips he had the opportunity of becoming well acquainted with his hand writing and that he is fully satisfyed that the whole of the foregoing writing and signature purporting to be the last will and Testament of the said Theophilus Philips is in his handwriting‹Given under my hand and seal the same day Alexander McClean (seal) Register Fayette Co SS The seventh day of August 1791 before me Alexander McClean Register for the probate of will and personally came Thomas Williams the first signing witness to the foregoing writing purporting to be the Last will and Testament of Theophilus Philips and on his solemn oath declared that he was called upon by the said Theophilus Phillips to be a witness to said writing at the time therein set forth that in his presence the said Theophilus acknowledged the signature and seal to be his act that all the time of doing the same the said Theophilus was in his right mind and that he knew of no other last will and Testament made by him. Also at the time of taking the foregoing dispositions he the deponent was in the Spanish Territory and did not arrive in the Territory of the United States until the first day of July in the year of our Lord one thousand seven hundred and ninety one witness my hand the same day Alexander McClean (seal) Register