2.  James Phelps of Gates Co, NC (b. bef. 1740 - d. 1794) Revised 8/2004, again. 

(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 as a father of James Phelps of Caswell Co.. The Phelps lines in the early days of northeastern NC are very confusing, but two or three really fine papers are available to unravel some of the mysteries.  My effort has not been to personally document all those Phelps but just to find the mention of a James Phelps during the time of James Phelps of Caswell Co.

 

Another line of northeastern NC Phelps started with James Phelps Sr, origin unknown.   A 1995 fully documented study of this James (b bef 1740 d.1794) and his son, James Phelps Jr. of NC (b.bef. 1740 - d. 1794)", and descendants was written by Susah Elise Heinbuch (now Phelps), Ph.D.   Based on an email from her which I saw, she abandoned her research for personal reasons and did not save her source material. However several of her documented papers are available in the family stacks in the Raleigh, NC archives. I have most of it.  Her research shows that James Phelps Sr. had property transactions as early as 1767 and is listed as a taxpayer in 1753 -  both events in Chowan Co in northeastern NC.  Heinbuch makes a convincing argument to conclude that James was born in the area which became Hertford County (northeastern NC) in 1759 that later became Gates Co in 1779 and died there in 1794. She lists property transactions in 1767, 1772, 1792 and 1794.   With so much evidence it seems clear that this James was not the James of Caswell Co since that James died in 1785/86.  

 

James had 10 children including James Jr (b bef 1780).  James Jr. of Gates Co married Christian Phelps (yes, Phelps) per a 1795 bond and died in 1832/34.   Clearly this James Jr could not have been our James of Caswell Co since our James died much earlier.

 

Keep in mind that present counties Chowan, Gates, Hertford and Tyrell are very near Perquimans Co (where so many of the Batemans lived - at least some marrying Phelps). Other nearby counties where Phelps may be found include Bertie, Northhampton and Tyrrell.  By the way, all are far removed from Caswell Co which is to the west by 200 miles or so.  Phelps is still a common name in many of these eastern NC counties.   A very large lake in the area is named Phelps Lake, reported to have been discovered by a Phelps.  I am not aware of anyone showing a documented early connection of any of those Phelps with those of Caswell Co or further west.

 

Gates Co (1779) was formerly Hertford Co (1759), formerly Chowan.

 

 

Will of James Phelps Sr.   [of Gates County, NC]

(made 20 April 1794)

 

Transcription of Original by Susan Heinbuch (likely)

 

In the name of God I JAMES PHELPS SEN of Gates County and State of North Carolina being of sound and perfect mind end memory blessed be God do this twenty first day of April In the year of our Lord one thousand seven hundred & ninety four make and publish this my last will and testament in manner following that is to say

First I give and bequeath unto my beloved wife ROUTHY PHELPS after my decease one feather bed & furniture, my mare & colt, saddle & bridle, Two cows and calves, four yeows two sows and twelve sholes one desk three puter dishes & six puter plates one iron pot end frying pan, one linen whee1 and two stocks of bees to her and her heirs and assigns forever.

 

Item I give unto my son JAMES PHELPS the land purchased from RICHARD BAKER lying on the nor west branch and one feather bed end furniture that Is called his to him his heirs and assigns forever.

Item I lend unto my beloved wife during her natural life the plantation I now live on and after her decease I give the said plantation to my son LUTEN KING PHELPS to him & his heirs or assigns forever

Item I give unto my son KINCHEN PHELPS forty pounds Virginia Currency to him his heirs an assigns forever.

Item it Is my desire that if either of my two sons LUTEN KING PHELPS or KINCHEN PHELPS- should die leaving no lawfull begotten Heirs of their bodies that their part of my estate above mentioned the surviving one should have It to him or his heirs or assigns forever.

Item I give to my sons HENRY PHELPS, MICAJAH PHELPS_, WILLIAM PHELPS end JESSE PHELPS each of them ten shillings Virginia currency e piece to them or their heirs or assigns forever.

Item I give to my three daughters LEASH BRIGGS, SALLY COFFEL & ELIZABETH BUTLER each of them ten shillings Virginia currency a piece to them or their heirs or assign forever.

Item after my decease I leave the remainder of my estate to be sold and all my Just debts to be paid the balance of my estate I live In my executors hands to be for the use of my two sons LUTEN KING PHELPS and KINCHEN PHELPS to pay for the schooling & other necessarys as my executors should think they stand In need of to them their heirs or assigns forever end I hereby make and ordain my two friends HUMPHEY HUDGINS & JAMES PRUDŁN executors of this my lost will and Testament. In witness where of I the said JAMES PHELPS SENR have to this my lost will & testament set my hand and seal the day & year above written. Signed seal publish & delared by the sald JAMES PHELPS SENR the testator as his last will & testament In the presence of us who were present et the time of signing & seal thereof LODOWICK PRUDEN (Jurat), JACOB PRUDEN,  WILLIAM (his X mark) GWIN.

 

JAMES (his X mark) Phelps (seal)

August Court 1794: Exhibited by HUMPHREY HUDGINS and JAMES PRUDEN executors; proved by LODOWICK PRUDEN

Note" Several of us who have examined this will, and compared it to other records,

conclude tllat "Routhy" should be "Renthy," "Leash" should be "Leah," "Coffel" should be "Coffield" and "Humphey" should be "Humphrey,"