9.2  A father or relative from Halifax County Co, Va.  Includes information about John Phelps d1794 and his sons, John and William Major revision 2/6/2006

(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 researchers will find other information helpful to them.)

This report of 2/2006 is a major enhancement over previous versions. Two extensive reports on William and John Phelps are included here..

After extensive research and visits by myself, Mark Phelps and his dad, Latham, to Halifax and Pittsylvania, VA, there is no proof that our James was related to the family of John Phelps d1749 Halifax.  However, it is still very possible, considering the closeness and movements of the Phelps families back and forth.  Also, the mystery remains of who was the Jno Felps of Pulaski, KY, living with three sons of James.

Reasons to suspect a relationship in Halifax Co, VA

• A John Phelps proved the will of our James Phelps in 1788. Two John Phelps lived across the river in Halifax county.
• Since Halifax County, VA very nearly bordered James' property and since the NC-VA line in this area had been in dispute until fairly recent times, one would suspect that James' parents or relatives  would appear in Halifax or nearby.  
• The family of John Phelps d 1794 whose son John wes suspected of migrating to Pulaski, KY along with Ambrose, Obediah and Larkin Phelps, sons of our James. By 1810 they are listed originally in the census as Felps. The Somerset, Pulaski census of 1810 lists a Jno Felps with wife each born before 1765.  He is reported (by researcher Brenda Emory) to have died due to an estate inventory there in 1823.  The 1820 census names only a younger Jno Phelps with wife born 1776-1795 with a son and daughter b. 1811-1819. Of course there are many William Phelps who migrated to other parts of KY.  
• The Phelps of Caswell were often connected to Halifax. An interesting Halifax deed was reported by Tamra Phelps, Somerset, KY:  “A deed between Reuben Phelps, James’ son, and the heirs of William Wesley, including Eleanor Wesley Dye, Shadrack Dye’s wife, is in Halifax Co, VA (10-20-1813, in court 6-27-1814).  Isham Phelps [who we now know was Reuben’s son] witnessed this deed but in 1850 he lives in Caswell CO, NC. “   The Dyes married into the Phelps family.

After earlier extensive research into the pre-1800 abstract books of Halifax, I found no connections to James but I wondered still if either William or John, son of John d 1794 Halifax, could have been involved with the James Phelps family.  I did not find a James Phelps of the era but there was a Thomas and James Philips very likely were our Thomas and James living in Caswell across the Dan River from Halifax..

In early 2006 fellow researchers Mark Phelps and his father, Latham, (with initial help from me) discovered unexposed wills which proved the descendants of Reuben Phelps, son of James, were in Halifax.  (See Mark Phelps’ report.)  We also were able to discover the family of the John’s son, John Jr.  His will of 1846 and extensive property records proved he remained in Halifax.

In Feb of 2006 I visited the courthouses of Pittsylvania and Halifax counties and reviewed most of their extensive material which went back to the 1700s.  I was able to conclude very positively that William Phelps also remained in Halifax and later moved to Pittsylvania where he died without a will.  Click here to read my complete report on these two sons, which contains other Halifax Phelps information.

What may eventually be a solution is to find the present day descendants of John or William and compare a Y-DNA test of them to our James Phelps line.  That would prove or disprove a family relationship.

What remains unanswered now is who were the two John Phelps in Pulaski, KY 1810 and 1830?  They may point to the real connection to James Phelps of Caswell.

The formation of Halifax Co:

• 1702: Prince George formed in 1702 from Charles City
• 1720: Brunswick formed in 1720 from Prince George
• 1746: Lunenburg formed from Brunswick in 1746
• 1752: Halifax formed from Lunenburg in 1752
• 1753:  Bedford formed from Albemarle and Lunenberg in 1753
• 1764: Charlotte and Mecklenburg from Lunenburg
• 1766: Part of Halifax used for Pittsylvania in 1766

A very thorough search for a James Phelps in Halifax Co brought forth three possible references to our James in the proper time period:  

 1.      A James Phelps is named as an owner of property bounding a Halifax property sale March 15, 1784^. (Halifax deed book 12, page 403.)  The key words were ". From Jacob Die (Dye) of H. to James Reylye (Rylye, Rylie) of Caswell County …. In Halifax on Mill Cr, Dan River bounded by … James Phelps"   Curiously, a Mill Cr adjacent to the Va line is listed several times later in property records in Caswell Co by our James and his sons.  Since I did not find a James Phelps property record in Halifax, VA it is my opinion that the property record is referring to our James Phelps in Caswell Co, NC.

2.       A James is listed in the 1785 Halifax personal property tax list as being over 21, owning 6 cattle and 1 horse

3.       There was a J Phelps named in the 1789 tax list, north dist, as other tithables > 21. However, this date is after our James’ death.

An interesting James and Thomas Philips appear in two Halifax tax lists: James Philips in 1784 and Thomas Philips in 1783. It is very conceivable that these two Philips were in fact James and Thomas Phelps  – reporting property in both NC and VA.   Recall that our James listed in Caswell in 1784 as Richmond dist on Mill Crk, 2 white polls, 0 black pools, 292a 461 lbs. This is right at the often disputed Va. line.  A Thomas Phelps, not the son of James but the “older Thomas Phelps”, listed in Caswell earlier and in 1784 listed as: Glouster Dist,  1 white poll, o black polls, 1084a, 461 lbs.  

Keep in mind that in the 1790 Caswell Census, there was a John Fleps, St. Lawrence Districe: M637 Roll:7 Page 7

Descendants of John of Halifax d. 1794 Phelps, Capt?                                                                                               

    1          John of Halifax d. 1794 Phelps, Capt?                     d: 1794 in Halifax, Atrim Parish                             

..      +Drusilla                                                         

.........       2              John "son-of-John-of-Halifax-d-1794" Phelps         b: in abt 1765           d: 1846 in Halifax Co, VA                       

.............                   +Lucy Walthall                                        m: 17 Dec 1789 in Halifax Co, VA         

....................            3              William Phelps        b: in Halifax Co, VA                                

....................            3              Henry Phelps           b: in Halifax Co, VA                                

....................            3              Lucy Phelps             b: in Halifax Co, VA                                

....................            3              Ailcey (Alice?) Phelps             b: in Halifax Co, VA                                

........................                        +Daniel Whitmore                                   m: 15 Mar 1823 in Halifax Co, VA         

....................            3              Martha Phelps         b: in Halifax Co, VA                                

....................            3              Francis Phelps          b: in Halifax Co, VA                                

........................                        +Jane                                                      

....................            3              Jane Phelps              b: in Halifax Co, VA                                

....................            3              Nancy Phelps           b: in Halifax Co, VA                                

........................                        +Kester Tune                                           m: 22 Jan 1813

                                3              Frances Phelps   (possible daughter -see dphelps for details)   b: 1815 in Halifax Co, VA     d: Bet. 1841 - 1847 in Henry CO, TN.... +George Arnn m: 1833 in Halifax Co, VA

                                                4      Lucy Ann Arnn b: 1835 in Henry CO, TN

                                                4.    Sarah Arnn b: 1838 in Henry CO, TN

                                                4     Johnny Madison Arnn b: 1841 in Henry CO, TN

.........                       *2nd Wife of John "son-of-John-of-Halifax-d-1794" Phelps:                                            

.............                   +Mary T. Chappell                                  m: 10 May 1836 in Halifax Co, VA        

.........       2              William Phelps        b: Abt. 1763 in Halifax Co, VA                d: Abt. 1826 in Pittsylvania Co, VA                         Residence: Abt. 1816 Pittsylvania Co, VA

.............                   +Elizabeth McCraw  b: Abt. 1763                             m: 08 Nov 1790 in Halifax Co, VA         

....................            3              William Phelps, Jr    b: Abt. 1792 in Halifax Co, VA                                               

........................                        +unknown                b: Abt. 1792                                            

....................            3              Son2 Phelps             b: Bet. 1800 - 1809 in Halifax Co, VA                                    

....................            3              Son3 Phelps             b: Bet. 1800 - 1809 in Halifax Co, VA                                    

....................            3              Son4 Phelps             b: Bet. 1785 - 1804 in Halifax Co, VA                                    

....................            3              Son5 Phelps             b: Bet. 1800 - 1809 in Halifax Co, VA                                    

....................            3              Daughter1 phelps     b: Bet. 1766 - 1784 in Halifax Co, VA                                    

....................            3              Daughter2 Phelps     b: Bet. 1785 - 1804 in Halifax Co, VA                                    

....................            3              Daughter3 Phelps     b: Bet. 1785 - 1804 in Halifax Co, VA                                    

....................            3              Daughter4 Phelps     b: Bet. 1785 - 1804 in Halifax Co, VA                                    

....................            3              Daughter5 Phelps     b: Bet. 1790 - 1794 in Halifax Co, VA                                    

.........       2              Salley Phelps                                                           

.............                   +Thomas Carr                                                         

.........       2              Jane Phelps                                                             

.............                   +Byrne                                                    

.........       2              Elizabeth ? "Betsey" Phelps                                                    

.............                   +Nathaniel Royster                                                 

.........       2              Milley Phelps                                                          

.............                   +Pettey                                                   

.........       2              Fanney Phelps                                                        

.............                   +Johnson                                                

.........       2              Polley (Patty?) Phelps                                                            

.............                   +Richard Walne                                       m: 20 Aug 1785 in Halifax Co, VA         

1794 Will of John Phelps

1793 - Halifax Co., VA, Will Book 3, Wills 1792-1797, p.92.
I, John PHELPS, of Antrim Parish of Halifax, being weak of body but of perfect sense.....
To my son, William PHELPS - the land and plantation whereon I now live, and 1 Negro girl named Hanner, and 1 cow and calf and sow and pigs.  William is to pay all my just debts and is to pay the rest of my children as follows:  John PHELPS - 15 pounds, Sally CARR - 10 pounds, Jane BYRNE - 10 pounds, Betsey ROYSTER - 15 pounds, Milley PETTEY - 10 pounds, Fanney JOHNSON - 10 pounds, Polley WALNE - 15 pounds.  For distributing the money and paying my debts, William is to have 6 Negros and household furniture and stock.
To my son, John PHELPS - the land and plantation whereon he now lives, and 1 Negro boy named Stephen.  If John does not get a deed to the land that was James McCRAW's, he is to have 40 pounds out of the balance of my estate.  If he gets a deed to the above land, he is to have 10 pounds.
To my daughter, Salley CARR - 200 acres of the land and plantation whereon she now lives, and 1 Negro girl named Mary.
To my daughter Jane BYRNE -  the land and plantation whereon she now lives, and 1 Negro man named Moses, and 1 Negro girl named Winney, for service done in working for me.
To my daughter, Betsey ROYSTER -  the land and plantation where she now lives, and 1 Negro girl named Sis.
To my daughter, Milley PETTEY -  200 acres of the land and plantation whereon she now lives, and 1 Negro woman named Ester and child named Richmond.
To my daughter, Fanney JOHNSON - 114 acres of land whereon she now lives, 1 Negro womaen named Rachel, and 1 Negro girl named Cila, during her natural life, and then to be divided among her children.
To my daughter, Polley WALNE - 1 Negro boy named Reuben and 1 Negro girl named Darkus, during her natural life, and then to be divided among her children.
To my granddaughter, Johannis PHELPS - 1 Negro girl named Christain.
To my wife, Drusilla - the remainder of my estate during her life. The remainder consists of 6 Negros and my household furniture and stock.
Executor:  son, William PHELPS.
Signed 4 Sept 1793 - John PHELPS.
Wit. - Finne DIXON, John BARLEY, Ambrose Heart, Judith BARNES. 
Probate: At H Court of 27 Jan 1794, the Will of John PHELPS, desceased, was exhibited in court by William PHELPS, proven and or.  William PHELPS was granted a certificate for obtaining probate;  securities were Henry BASS, Hawkins LANDRUM, abs James McCRAW.

Pre-1800 Halifax and Bedford deed books and other materials contain many references to Phelps beginning in 1742 when the areas of these two counties were in Lunenberg Co.  I was hoping to find a reference to Isham Phelps. He was listed as a Halifax resident in an 1831 Caswell deed – which curiously mentioning a Mill Cr in Caswell Co.  I found no reference in Halifax or Bedford Counties deed books before 1800, and I did not pursue the records of the 1800s.  (Mill Creek is somewhat of a generic name for creeks of that time – and there was also a Mill Creek in southern Halifax county, VA. As well as in Person Co.)

Click on this to see a map of Virginia showing the approximate property owned by this line.

I feel I searched the entire and complete inventory of the Pre-1800 Halifax documents. This includes Halifax books:  the abstracts of: will books 1752-1797, deed books 1752-1796, plea books 1752-1851, property tax list 1782-1791, Marriage bonds/ministers’ returns 1753-1800; land entries 1737-1770 in present Halifax, Pittsylvania, Henry and Patrick counties; Election of Burgess voter list 1764-1769; plus several other miscellaneous books.  While I used the inventory of the NC Library in Raleigh, I compared to make sure it fully covers all the material at the Court Clerk’s office in Halifax.  I also reviewed other several nearby county abstract books.  In all I found only two listed James references for the proper period.

Deaths and births were listed only in parish records in colonial times. Since marriages were sometimes only listed in parish records, I reviewed all the available parish documents.  None of the needed area parish marriage, death and birth records remain in existence but Vestry minutes are often available.  Those searched were Atrim 1752-1818 (Halifax); Cumberland 1746-1816 (Lunenburg); Camden 1767-1852 (Pittsylvania); St James  1744-1806 (Goochland). Russel parish (Bedford) was not available in Raleigh but in any case, its records start too late in 1778.  James does not appear in these books except for the items listed above.  Clearly many records are lost forever (see Why pre Revolutionary records may be lost forever )