3. William Phelps  (d.1749, Albemarle, VA), son of Thomas Phelps Sr ( d.1751 of Albemarle Co, VA) including a James who moved to GAMajor clarifications with maps  9/25/2005, Minor change 2/2006, 9/2006

 

(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.)

 

There is clear evidence to indicate he was not the father of my James (of Caswell Co, NC), since this William's son, James, moved to Georgia and lived there after our James' time.  This William of Albemarle at first seems very likely to be our James’ father.  This James was born at exactly the right time; there are familiar family names like Thomas and John, and they are reasonably close to Caswell Co.  However, while I have tried in every possible way to support this, all the evidence – and there is a lot – gives very, very strong support of denial of this parentage.  

 

Acknowledgement

Phelps researcher James Rogers was instrumental in helping me put compile the information about James Phelps.  Without his continuing help, I would be lost. Most of the James Phelps records were supplied by Mr. Rogers.  He descends from the William Phelps Sr line and the family property is in Appomattox County where this James Phelps lived.

 

 The most authoritative descendant chart of this line can be found at the Phelps Y-DNA Project.  Go there and click on the Ancestry link where you can find a section on this line which shows the descendants in detail. The information there was submitted by serious researchers.

 

  Location of The Property of This James Phelps

 

To prove that this James was the son of William and that he moved to Georgia, the following county formation maps will help locate the property James owned and sold. 

This James Phelps was born likely in Goochland Co, VA, based on the probable time of his birth and the location of the family property as recorded over the years since then.  During his time, this Phelps property did not change, but the county border he lived near did.  The present-day location of this property is in Appomattox County (see the map at the end of this section). James Ridgemont: “Some Real estate tax lists for Buckingham county have faint and brief info. on his lands for some years and it appears that for a couple of years he is not listed. I personally think he got away from paying taxes some years because many officials in the various counties concerned were unsure where and how his lands were boundaried exactly.”     The maps that follow will attempt to show the constancy of the property.  The area common to the key property records of James is shown in yellow on the maps.

 

 Goochland was formed in 1728. Notice the yellowed area indicating the general area of the property to be discussed. 

va1728.gif (6387 bytes)


 Albemarle County formed in 1744 from Goochland.

va1744.gif (7227 bytes)


The wills of Thomas and son William Phelps (father of James) were recorded in Albemarle in 1749 and 1751.  James is named as the son of William.


Bedford County formed in 1753 from Albemarle County

 

 

1756: James Phelps AND William Phelps receive a patent in Albemarle Co. VA

1756, August 16.   James Phelps AND William Phelps receive a patent in Albemarle Co. VA (present Appomattox), 400a on the western fork of Wreck Island Creek adjacent William Still.  The 1784 deed and the 1797 deed (see below) give metes and bounds that match this original 1756 patent.


Later in 1761 the property was in the border area of Buckingham (formed from Albemarle in 1761) and Bedford counties. [7]  See the following map.   

va1761.gif (7367 bytes)



2016 revision:   In 1772 James is living in the same area but now in Bedford Co. (or right on the county line with Buckingham).  James names William as his father and  Elizabeth as his wife.  HIs father, William, died in 1749.   James granted two tracts  - by patent of April 1, 1749 - which were granted to his father, William Phelps..  The patent was two tracts: one of 400 ac, the other 350 ac - in Albemarle Co.

 

Albemarle Co. Deed Book 6, pg. 17-19 “James Phelps, of the county of Bedford, and Elizabeth, his wife, on April 12, 1772, granted a deed to Robert Carter NICHOLAS of the city of Williamsburg, two tracts of land granted to William PHELPS, father of said James PHELPS, by Patent dated April 1, 1749, the one tract containing 400 acres, the other 350 acres, lying in the county of Albemarle.”     There is a very important comment on this deed that may help some of the county boundary questions:  "The annexation of this commission appears in a certain schedule hereunto annexed Buckingham (to Wit)”   There must have been some question even then as to what was in Buckingham and what was not.

va1772.gif (8415 bytes)


When Campbell Co was formed in 1782 from Bedford, part of his lands were then in Campbell county. A Campell Co deed in 1782 also identifies Elizabeth as his wife.    

Campbell Co. db 1 p 22-23 dated 1782 listed James being of Campbell Co selling 180 acres of land on Callaways road granted to William Phelps in 1772.   Elizabeth, his wife, was examined here as well.   ( William must have bought it from his brother James' wife.)

See the following map.

va1781.gif (10083 bytes) 


1784, June 15 James Phelps sold 100a,   more or less, on the upper West fork of Wreck Island Creek, to John Hunter, adj. George Stovall, patent line mentioned, dividing line mentioned, witnesses, Charles Hall, Thos. Carson, Robert Hunter.   Campbell Co. VA DB 1, p. 263-264 (present Appomattox)   The 1784 deed and the 1797 deed give metes and bounds that match the original 1756 patent of James and William..  

 


James Continues to Live in Buckingham Campbell Through 1797

1797, September 9.  James Phelps and wife Elizabeth sold 178a on both sides of Wrack Island Creek to Isaac Crews, adj. John Hunter, Shearer. (Campbell Co. Deed Book p 248-249).   The 1784 deed and the 1797 deed give metes and bounds that match the original 1756 patent.

va1797.gif (10059 bytes)


James Is In Georgia and Sells Property in Campbell Co, VA

In 1800 James, while in Elbert Co, GA, sold property in Campbell Co - the Wreck Island Creek area -  which researcher and descendant James Rodgers knows very well as part of the family property.  The two deeds, one recorded in GA and the other in Campbell Co prove that this James and wife Elizabeth are in Elbert Co, GA and are selling land on Wreck Island Creek in Campbell Co, [1]  The two deeds are:

  1. Campbell Co, VA  Deed Book 5 , pp94-95, 800)    "This Indenture made this twelfth day of March one thousand eight hundred between James Phelps and Elizabeth Phelps his wife of the state of Georgia and county of Elbert of the one part and William Bradley of the state if Virginia and county of Buckingham of the other part….sum of one hundred pounds current money of Virginia……..tract or parcel of land containing one hundred acres be it the same more or less lying in the county of Campbell and state of Virginia on Wreck Island Creek…….tract formerly possessed by james Shearer, deceased and at present occupied by Alexander Caldwell…………........ signed by James Phelps and Elizabeth Phelps (she made her mark) in the presence of James Lee (his mark) , John Penn, A. Stinchcomb………….................Georgia Elbert County clerks office , registered in Book F, folio 119, the 12th day of March 1800, Middletown Woods, Clerk"…………....... Samuel Higginbotham attested that Middletown Woods was the clerk of court…………............."Certificates thereon indorsed were exhibited in Court of Campbell Co. and ordered to be recorded june 9th, 1800. Ro. Alexander, clerk
  2. Elbert Co, GA. Deedbook F p119 , 1800     20 Mar. 1800. James Phelps & Elizabeth his wife of Elbert Co. Ga. To William Bradley of Buckingham Co. VA for one hundred pounds VA. Money, 100 acres in Campbell Co. VA on Wreck Island Creek… formerly possessed by Shearer, at present possessed by Alexander Caldwell, signed James Phelps, Elizabeth (X) Phelps, Wit. James (X) Lee, John Penn, A. Stinchcomb, Regd. 12, Mar. 1800

This 1800 deed that was made from Elbert Ga does not give metes and bounds but mentions joining the land of Isaac Crews. (He bought the land in the 1797 deed) and also mentions Shearer.


 The lands James lived on are now in present day Appomattox Co

See the following map.   Appomattox County in 1845 (this map also shows the pertinent counties as they are in 2005) - showing the general area for the Phelps property:

 va1845.gif (12854 bytes)


Conclusion 

Therefore this James, son of William died Albemarle, and wife Elizabeth are in Buckingham Co up through 1797 and are in GA by 1800. So we can say with very good evidence that this James could not have been our James of Caswell Co since this James lived after ours died in Caswell Co, NC.

 

Additional Information 

James Rodgers reported to me: “I have in my hand a copy of the original from the courthouse in Campbell Co. What will help and solidify the record is I also have a verified abstract of the same transaction that was recorded in the Elbert Co. GA Courthouse.” Mr. Rodgers concluded that James moved to Elbert Co.  This James also had a son named James, often called "James of Wreck Island", and is listed in the Buckingham censuses of 1810, 20 and 30, way beyond our James' (of Caswell) time.

County formations

Goochland County formed from Henrico in 1728

Albemarle County formed from Goochland Co in 1744

Cumberland County formed from Goochland Co in 1749

Bedford from Albemarle and Lunenburg in 1753

Buckingham County formed from Albemarle Co in 1761

Campbell County formed from Bedford County in 1782

To see the images of VA county formation, go to www.myvirginiagenealogy.com/va_maps/va_cf.htm

 

Worth noting:  Caswell Co, NC is on the VA border, near Halifax Co., VA and to the north of Halifax, is Campbell Co.  The land of this James, now in Appomattox Co. is near the middle of VA.