I , Elisha Phipps, of the township of West Marlborough, county of Chester and state of Pennsylvania, of a sound mind memory and understanding do make this my last will and testament, in manner following to
wit;
In the first place I order and direct that all my just debts and funeral expenses be fully paid and satisfied - Then it is my will and desire that my executors herein aft named shall as soon as they may think most proper after my desease to sell my messuage, farm ......factory, mill and lot of meadow ground, thereinto belonging situate in the township of West Marlborough aforsaid bounded and described as follows;
viz; beginning at a stone in the road a corner of land of Harper Clark and Elisha Phipps stretch
along the said road, between the land of the said Clark and Mary Simple, heirs of John P. Phipps and the land of Elisha Phipps, to the line of John B. Harmmens, land thence along the same to the prop. fence opposite a Locust tree, and along said fence to or near through the Head race of the factory
store......., the same to the upper corner of the pond, thence around the back....of said pond one Perch of the middle of the tail race, opposite to the upper corner of the drying house thence down the tail
race to the west side thereof one perch from the middle of said race to the lower end thereof thence across said race to the line of Hayes Clarks land thence along the same to the place of beginning together with all the buildings thereon erected and belonging to me together with the use and
priviledge of one perch in width round the pond and up the head race for hauling gravel and dirt from the tail race to repair the head race and damn. the water is said headrace and damn not to be raised any higher than it now is, subject to the priviledge of conveying the water across the upper end of the meadow of the above described premises along the present watercourse to my other meadow where half of the water to be left fro the use of the purchaser of said factory premesis the next. And I do hereby authorize and empower my executors herein after named to sign seal and deliver as good and sufficient title of conveyance to the purchasers therefor, It is my will and desire that my executors shall also sell my messuage paper mill and tract of land situate partly in East and partly in West Fallowfield twp, County and state aforsaid, bordered by land of
Eli Fredd, John Beech and others, with the buildings and improvements thereto belonging with about 80 acres of land/ And I do hereby authorize and empower said executors to sign seal and deliver a good and sufficient title to the purchasers thereof...I give and devise to son JOSEPH PHIPPS, and to his heirs and assigns forever all that messuage on tenement grist and Merchant mill and saw mill and lot of ground thereby belonging and adjoining lying and being in the townwhip of West Marlborough aforsaid bounded and described as follows...to wit, beginning at the white oak tree by the mill store show thence across the tail reace of said mill to a post
fence the lint to pass about ten feet north of a white oak tree standing on the bank of said race, thence to the
middle of the road five pannels of post fence from the lower carrier of the garden fence thence down the middle of said road to Bakers line thence along the line between Phineas and Evan Baker
amd Elisha Phipps untill it crosses the bridge over the head race thence down the had race the several courses of the race and
fence to a corner post of said fence over the north side of the race and on the west side of the pond thence along the fence towards the Smith shop to a post about 4 pannel of fence south of said to the line of Joseph M. thomson and
ELISHA PHIPPS and thence to the place of beginning together with all the houses, buildings race waters, water courses, rights and libverties and priviledges now belonging to me reserving only the privilege of building a bridge over the head race where it now is and also the same to renew or repair where necessary - but so as not to obstruct the water to the mill, for the purpose of passing to and fro, my brick mansion house and I further give and devise to my son JOSEPH PHIPPS also the one half part of my tract of woodland situate in West Fallowfield Township, bounded by lands late of Crosby Phipps decd, Caleb Phipps, Moses Edwards and others, for the said purpose to have the north east end next to Crosley Phipps Mill down to the same, to him and his heirs and assigns forever. And it is my will and desire that my son JOSEPH PHIPPS his heirs and assigns shall not raise the water at the Mill higher than it is and further that he shall have the priviledge of opening a ditch along the old tail race to the present one. Item; I give and devise to my son ELLIS PHIPPS his heirs and assigns forever my brick mansion house messuage or tenament and the residue of my real estate consisting of 2 parcels of land in west
Marlborough township aforesaid and the remaining one half part of my tract of
woodland in
west Fallowfield township together with all the buildings thereon erected to take the soth west end of said tract of
woodland and to enjoy and to have the right of a cart way through the schoolhouse not which right I reserved in the sale of said lot. And I give and bequeath to my son ELLIS PHIPPS my eight day clock, my mahogany desk and book case, item I give and bequeath to my
two grandsons, WILLIAM & JOHN BOORND, each 20 dollars. Item, I give and bequeath to my 8 grandchildren the legal representatives of my daughter SUSAN HORNE decd 800 dollars to be equally divided between them share and share
alike an to be put out at interest till they reach the age of 21 years. Item; I give and bequeath to my daughter SARAH now NEWLIN, 1800 dollars. Item, I give and bequeath to the 2 children of my
granddaughter LUCINDA FLEMMING, t250 dollars with which said to be put out to
interest till they reach 21 years and it is my will and desire that if either the said TABITHA or DAVID should die before reaching the age of 20 years the legacy herein bequeathed to the other to the other, and if neither reach the age of 21 then the legacies shall be paid and divided equally between my 2 sons JOSEPH
and ELLIS PHIPPS. Item, I give and bequeath unto my daughter
ANN now ANN COMMOUS (?), 8 hundred dollars. Item, I give and bequeath unto my daughter ABIGAIL, now ABIGAIL HARVEY, 800 dollars. Item, I give and bequeath unto my 4 grandchildren LEWIS, PUSEY, ELISHA AND ELLIS PHIPPS, the legal representation of my son JOHN P. PHIPPS, decd the sum of 250 dollars each which said to be put to interest untill they arrive at the age of 21 years and in case either of the said children should die before arriving at full age it is then my will and desire that the legacy of such together with the increase shall be equally divided between the survivors at full age. Item; I give and bequeath to
trustees of Londongrove Meeting House 50 dollars for the purpose of repairing said meeting house and grave yard, Item, It is my will and desire that my real estate
herein before ordered and directed to be sold, shall be sold as soon after my decease as my executors may deem just and proper so as to get a fair price for it. Item; it is my will and desire that my executors shall pay the legacies to my daughters ANN COMMONS(?) and ABIGAIL HARVEY out of the first money which came into their hands of the proceeds of the sale of my real estate and all the legacies herein bequeathed to be paid as the proceeds of the sales ans they become due. Item; it is my will and desire that the remainder of my personal property not herein specifically bequeathed of what so ever kind or nature shall be sold at public sale. It is further my will and
desire that if the money arising from the sale of the property herein directed to be sold shall not be sufficient to pay the legacies herein
bequeathed the deficiency shall be made up by my 2 sons JOSEPH and ELLIS PHIPPS. Item; I give and bequeath to my niece SUSANNA WOODWARD the use of my lodging room downstairs being the north corner of my brick house so long as she shall remain single with the use of part of the cellar, the priviledge to pass to and fro from the same through the kitchen and also through the same to get wood, and water of the purpose to have one square perch of the north corner of my garden for her use, my son ELLIS PHIPPS, to find her a
sufficiency of fire wood to be cut and put into the wood house, and find her a sufficiency of good meat and salt for her and likewise as many bushels of potatoes as she can use and and my will is that my son JOSEPH PHIPPS find her with as much good wheat flour as will be suficient for her own use during the time above during her single
life and my son ELLIS PHIPPS to let her have apples out of the orchard for her own use every year
Item, my will and desire is that my son ELLIS PHIPPS with the consent of the guardians of my 4
grandchildren take any to to them that may be agreed on between them and find them in died clothe them and school them till they arrive at the age of 16 years being sons of JOHN P. PHIPPS decd. Item And I do hereby nominate and appoint my friends Maris Taylor and Morris Cope to be the guardians of the property hereby bequeathed to LEWIS, PUSEY,ELISHA and ELLIS PHIPPS, the children of my decd son JOHN P PHIPPS and also of that bequeathed to TABITHA and DAVID FLEMING, the children of my deceased grand daughter LUCINDA FLEMING until they reach
their majority. And my express will and desire and I do humbly order and direct that if any difference dispute question or controversy shall arise or happen concerning any gifts or things in this my will then it be wholly to the award and determination of my friends Morris Cope Enoch Harlan and
Robert Allison, MD and what they shall order direct or determining shall be binding and conclusive to all and
every person or persons therein concerned. And lastly I nominate constitute my friends Jeremiah
Barnard, James Smith and my son ELLIS PHIPPS to be the executors of this my last will and testament hereby
revoking and making void all other wills.
In Witness whereof I have hereinto set my hand and seal the 15th Day of March AD 1843.
