(This paper was originally written to research any possibility that a Phelps from this area was the father of James Phelps d 1786 Caswell Co, NC. Hopefully other researchers will find information helpful to them.)
Now not a candidate for the parents of James of Caswell Co, NC. For years reports of the marriage of James to Mary Bateman has been seen on the internet. It is also on the LDS web site (see comments below). No evidence has ever been presented. Some have given a middle initial of “C” to Mary which indicates very specific knowledge. Some name her parents as THOMAS BATEMAN and SARAH ALEXANDER. All this very likely stemmed from the fact that a Mary Bateman of Perquimans Co had parents of Thomas Bateman and Sarah Alexander (documented in Thomas’ 1766 will in Perquimans) and did marry a Phelps (documented in the 1766 will and the 1750 Perquimans’s will of John Bateman, brother of Thomas). I was unable to document the marriage, but there was a James Phelps at that time in Perquimans who was the son of Samuel Phelps per his will of 1728. Father Samuel was born August, 1684 ( Berkeley Parish Register as described in History of Perquimans County by Mrs. Watson Winslow, 1931 - find at Roots Web) and so this James was born perhaps between 1700 and 1725 or later. See below for the supporting wills.
Unfortunately, this James cannot be the James of Caswell since this James of
Perquimans died before 1750/8(?). This little known death was noted in
a 1758 deed of record of (propoerty not sold/bought by Phelps) in Perquimans. View
Deed book F:278 below Extremely few researchers have known about this
deed and the death comment of James. The reason is that published
deed abstracts and indexes did not cover the years 1730-1784 and James would
not have been found in the indexes for the original deedbooks.
However, there is a 1931 book History of Perquimans County (which is
available online at
East Carolina University
and in hard copy in many libraries) which lists all deeds from 1681 through the Revolution – without an
index. There
is an index in the book but it does not cover the deeds.) Only by stumbling on the paper “A Quaker Woman and Her
Offspring” which made note of the deed was I able to make the connection.
The author, Gwen Boyer Bjorkman, found this deed by an index for the entire
book which was compiled
by two women in Seattle.
She was instrumental in helping me sort through all this.
This
index is "Index, History of Perquimans County, N.C.” prepared by Marie
Freeman and Helen Stevenson in the Seattle library.
http://www.spl.org/
Their library reference for the document is
by Freeman, Marie. [S.l. :
M. Freeman?, 197-?] 197-?] Call #: R929.3756 W732Hi
If you wish the Phelps part of the index I can email via a scanned image. This deed
referred to the 1688 will of Jonathan Phelps (Sr.) concerning 400 acres left
to his sons, Jonathan and Samuel. (Samuel’s son was James Phelps of
Perquimans.) The deed also said Samuel’s will named son Jonathan and
James to inherit this 400 acres. The 1858 deed further said that James
and brother Jonathan had previously died intestate. This deed said "…the
said Samuel Phelps in his last will and testament was given unto his sons
Jonathan Phelps and James Phelps and the said Jonathan and James dying
intestate before they were of age, the 400 acres fell unto William Phelps
being the only surviving brother and heir…"
To confirm this conclusion and using this same source, the death is also noted in a 1987 prize winning genealogy article written in the National Genealogical Society "Hannah (Baskel) Phelps Phelps Hill: A Quaker Woman and Her Offspring" This paper documents James' father as Samuel Phelps, son of Jonathan Phelps, son of Hannah Baskel Phelps. Hannah moved from Salem, Mass and was a Quaker. Look for James Phelps at number 16.and footnote 72 showing "deedbook F:278 Perquimans Co". (likely now online - see me for the paper document)
A search at the the LDS website results in various marriage records and dates
for James. I tried to find the source for two: a reference to a marriage of James Phelps (b. Abt. 1754 NC or Ky.; d.
abt 1785/1790) and Mary Bateman of Caswell. No genealogy is given. (Submitted
by Jeannette V. Cooper,
E.16023-4TH AV, VERADALE WA
99037-8917 SPOKANE WA EAST 0506125
A Possible Reason for the Invalid Reports
Will of Thomas Bateman 1766
From: NC State Archives, Perquimans Co. Wills 1711-1909, C.R.077.801.1, Bateman, Thomas, 1766. (Transcribed by Ellis Bateman, 1998.)
North Carolina, Perquimans County. In the name of God Amen the 26th of August 1766
I Thomas Bateman of the Provence and county aforesaid farmer being in a Weake Low State of health but of perfect mind and memory thanks be given unto God therefore calling to mind the mortality of my body, and knowing that it is appointed for all men Onee to Die do make and ordain this my Last will and Testament, that is to say ??Eninciphally and first of all I give and Recommend my Soul into the hands of God that made iy and my Body to the Earth to be buried in a Deacint and Christian Burial at the deserection of my Executors hereafter named nothing doubting but at the General Ressurection I shall receive the same again By the mighty favor of God ________
And as touching Such worldly Estate where with is hath pleased God to Before me in this life; I give and dispose of the same in following manner and fore _____________
Imprimens??. I give and Bequeath to Loving wife Sarah Bateman one bed and furniture and one Chest ?och and hee to her and heirs and assign forever _________
Item. I give and bequest to my Son William Bateman my Riding horses to him and his heirs and assigns forever ____________
(((Item. I give and bequeath to my Daughter Mary Phelps three head of cattle four head of sheep and one Chest of Drawers to her and her heirs forever ______________)))
Item. I give and bequeath to my Grandson John Bateman one Bed and the furniture thereto belonging One desk one bason half a Dozen Spoons one Cow and calf one young horse one Ironpot and One Case and some bottles hereto belonging to him his heirs and assigns forever ______________
Item. My will and desire is that my Wife Sarah Bateman have the use of one third of my Estate that is not heretofore mentioned During her natural life and to be?? Returned to my son William Bateman and his heirs forever ________________
Item. My will and desire is that my Son William Bateman have the other two thirds of my Estate that is not heretofore mentioned to him and his heirs forever ____________
I do hereby make constitute and appoint my Loving wife Sarah Bateman and my Son William Bateman my Executrix and Executor to this my Last will and Testament and I do hereby utterly Disallow Revoke and disanell?? All and any other formes Testament Wills Requives and biquests and Excestors By me here fore named Wills and bequesths Ratifying & confirming this & no other to be my Last will and Testament. In witness whereof I hereunto let my hand and seal the day and year before written Signed Sealed Published Pronounced by the vasi?? Thomas Bateman to be his Last will and Testament in prsence of ?????. n Roper??, John I S????, Richard Clayton. Signed Thomas Bateman (his mark) (Seal)
1688 Will of Jonathan Phelps (Sr)
JONATHAN PHELPS - 11th ye (10th) month 1688 probated 1689 (will
is torn and the writing is very squiggly)
weak body to be buried at my plantation
to son Samuel - plantation where I live, 400 acres, but if he
dies without heirs lawfully begotten, then to son Jonathan. If Jonathan
dies without heirs lawfully begotten, then to my daughter Elizabeth.
to son Jonathan - my s(chooner?) and olde plantation when he reaches
age 21, but if he has no heirs lawfully begotten, then to son Samuel, but if
he has no heirs lawfully begotten, then to daughter Elizabeth.
to wife Hanah PHELPS, the third part of personal estate
Sons to possess their bequests at age 21.
Elizabeth to get
hers at age 16.
Executors: friends Henery WHITE, A(lex.?) WILLSON, Robert WILLSON.
1728 Will of Samuel Phelps (son of Jonathan Phelps Sr)
SAMUEL PHELPS
21 April 1728
to son Jonathan
- 200 acres beginning at ye Black Walnut branch, so running over ye
Long Branch to Ralph BOSEMAN fence, belonging &
joining to my dwelling plantation
to son (John?) - my third part of land purchased of Wm. BOUGE by my
brother Jonathan PHELPS, Joseph SMITH & myself, lying in Balehack?,
containing 147 acres, the lower part of ye tract whereon it hath been cleared
& planted & ye other 2/3 of ye land at Balehack aforesaid I give to my brother
Jonathan PHELPS & my grandfather Joseph SMITH for a valuable
consideration received.
to son John - 100 and (ten?) acres of my pinne (sic) woods joining the
part I give his brother William.
to son William - tract of 150 acres joining James SITTERSON & John
SIMPSON land, also 100 and (ten?) acres of my pinne (sic) woods purchased by
Joseph SMITH & myself, to be taken where Thos. ROBERTS now lives
to son James - my now dwelling plantation containing 200 acres,
after the decease of his mother
to sons Jonathan & James - to divide equally the remainder of my
pinne woods
Land in Pamticough [perhaps todaoy’s Pantego], being pur(chased?) land, to be
disposed of at discretion of executor.
The remainder I leave to my wife and her four children: Jonathan, John,
William and James.
Executors: son Jonathan, brother Jonathan PHELPS, friends Abraham SANDERS &
Robert WILLSON
Witnesses: Abraham SANDERS, Ralph BOSEMAN, Charles DONMAN
1750/8(?) deed of record in Perquimans deed book F:278
Deed between John
Harvey of Perquimans and Isacc Sanders: "…[metes and bounds] four hundred
acres of land was granted by patent unto Jonathan Phelps bearing date the
sixth day of February in the twentieth year of our province two properties? of
N Carolina and by the last will and testament of the said Jonathan Phelps the
said four hundred acres of land was given unto his son Samuel Phelps and by
the said Samuel Phelps in his last will and testament was given unto his sons
Jonathan Phelps and Jas. Phelps and the said Jonathan and James dying
intestate before they were of age, the said 400 acres fell unto
William Phelps being the only surviving brother and heir…"