In the Name of God Amen. I, Theophilus Philips of the County of Fayette and State of Pensylvania being of sound mind and memory (thanks be to God) calling to mind the mortality of all flesh, and thats its appointed for all men once to die do this fourteenth 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 it shall recieve the same again at the General Resurrection of all flesh acording to the mity power of God and touching my temperal Estate with which it has pleased God to bless me I will and bequeath it in the way and manner following -- Imprimis 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 women named Sue. also one father 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 theron during her widowhood and no longer then the plantation is to be divided as is hereafter mensioned. 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 Executer to give of my moveable estate to her and her heirs forever. I will and bequeath to my daughter Elizabeth one roan mair colt ten years old pack with bridle, and saddle to her and her heirs forever. the remainder of my daughters Joanna, Mary, Ann and Sarah I will to each of tem twenty pounds a peace. I will and bequeath unto my two sons William and John the plantation I now live on. at my wife Mariage to be divided as follows, to begin whear George Wilsons line Crosses my Still house branch thence up the Sd branch to a mouth of a river that comes from my Blacksmith shop - thence up Sd run to a spring near the mouth of a drean thence 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 Harra also one tract of land in harrason county on hornors run that John Purdy is to give me a pathon for Clear all cost to their and their heirs forever. I will to Philip one trackt of land at the mouth of Ackline on 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 equely amongst all my children and I hereby Constitute my beloved wife Ann Philips 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
Signed sealed and acknowledged by the Testator to be his last will and Testament in presence of us who are subscribing evedences hearunto
Thos 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 and 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
Theophilus 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 in the presence of each other and
that at the time of doing the same the said Theophilus Philips
appeared to the deponant to be of sound memory and Composure of mind, and
not influenced thereto by any person but believed it to be his voluntary
and Deleberate Act witness my hand & seal the same Day.
Alexander McClean
Register
Fayette County s.s.
The twenty first day of June Anno Domini 1790 before me Alexander
McClean Register for the probate of wills and granting Letters of
Administration in and for said County personally came William
McCleary Esquire and on his solemn oath declared that from a frequent
and intimate Correspondence with Theophilus Phillip he had the
oppertunity 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
Register
Fayette County s.s.
The seventh day of August 1797 before me Alexander McClean
Register for the probate of wills & c 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
there in 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 deponant was in the Spanish
territory & did not arrive in the Territory of 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 Register