The Property Trail of Thomas Phelps (son of James Phelps) in Caswell and Person Counties, North Carolina.
Latham Mark Phelps 2004
Beginning after his father James Phelps’ death in 1786 as the Will of James only specifies that the rest of his estate be divided equally between several children of which Thomas is one, “5thly-- The Remainder Part of my Estate after my Wifes decease I Give to be Equally divided Among the Rest of my children to wit Reubin, Thomas, Larkin, Lucy, Betty, and Patty. If my Wife should marry then to be Equally divided among my Six Children Rueben, Thomas, Larkin, Lucy, Betty and Patty and my Wife.” So as one can see Thomas was not left a specific piece of property the 1794 Deed below is the first record of a land purchase in Caswell County by Thomas Phelps on his own outside whatever may have been his inheritance. It is the earliest registered Deed for “our” Thomas Phelps, not to be confused with another “older” Thomas Phelps who also resided in Caswell County at this time yet died in 1823, and as you will see “our” Thomas Phelps was alive and well and continuing to buy and sell property after 1823.
The existence of two Thomas Phelps in Caswell County has created a lot of frustration and wrong assumptions by many Phelps researchers. After years of bleary eyed review of all the available data, a dedicated team of researchers including my father Wilford Latham Phelps, my cousin Douglas Kemper Phelps, and myself Latham Mark Phelps, concluded that “our” Thomas Phelps was the son of James Phelps not the “older” Thomas Phelps. The two Thomas’ resided in different areas in Caswell County, “ours” was in the Richmond District in the Milton area adjoining the Virginia Line, as the “older” was in the Gloucester District in the Leasburg area. From review of Census Records the “older” was always listed with female children and no sons, as “ours” was listed with several sons as well as daughters.
As to the deed below it reveals many interesting points. The property was on Winns Creek, located in the Richmond District of Caswell, the property bounded the land of Robert Phelps and Mary Phelps, Mary Phelps was the wife of James Phelps, and Robert Phelps along with Obadiah Phelps sold property to “our” Thomas in 1803. Since Mary Phelps was left in control of James Phelps Estate by his will then she was listed as the property holder in this deed and her son “our” Thomas bought property adjacent to hers. David Preston the grantor in the deed below, I believe has a family relationship with Shadrach Hudson (a signer of James Phelps will) as both Shadrach Hudson and David Preston married Brandon’s , another family of Caswell County N.C. and Halifax County Va. Shadrach married Mary Brandon Sept. 25th 1784 and David married Rebeccah Brandon Aug. 20th 1787.
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David Preston to Thomas Phelps
Caswell County, North Carolina Land Deed
October 1794, Page 394
This Indenture made and entered unto this___day October in the year of our Lord one thousand seven hundred & ninety four Between David Preston of Caswell County & State of North Carolina of the one part & Thos. Phelps of the County and State aforesaid, Winesseth that David Preston for and in consideration of forty nine pounds six shillings & eight pence current money the receipt whereof the said Preston doth hereby Acknowledge, hath given granted bargained & sold & by presents doth give grant bargain & sell alien infeoffer release & confirm to the said Thomas Phelps his heirs and assigns forever a certain tract or parcel of Land situate lying & being in the County of Caswell & on the waters of Winns Creek and bounded as follows, to wit,
Beginning at a Sourwood thence East to the road thence South as the road as the road runs to Robt. Phelps line thence west to Mary Phelps line thence North to the first station containing by Estimation seventy four acres be the same more or less, with the reversion & reversions remainders unto & services thereof and also the right, claim or demand whatsoever of him the said Preston his heirs and assigns forever off in and to every part or parcel of the premises abovementioned with the Appurtenanences unto the Only proper use & behoof of him the said Phelps his heirs and assigns forever and the said Preston for himself, his heirs & assigns, doth covenant & agree to & with the said Phelps his heirs & assigns firmly by these presents that all & Every other person or persons and this or these heirs ant thing having or claiming in the said Premises abovementioned or Any part thereof by from or under him them or any of them, Shall and will warrant and forever defend firmly by these presents.
In witness whereof, I the said Preston doth hereunto set my hand & seal the day and year above written.
David Preston {Seal}
Signed Sealed & Delivered
In the presence of:
A . Murphy
H . Haralson (Jurat)
Caswell County, October Court 1794
The Execution of this deed was duly proved in Open Court by the Oath of Hearndon Haralson one of the subscribing witnesses thereunto & on motion Ordered to be registered.
Test.
Alex Murphy Clk.
Transcribed By: Latham Mark Phelps 2004
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The next deed in the trail of “our” Thomas Phelps takes place in 1803. In this deed a property co-owned by Robert and Obadiah Phelps is sold to Thomas. Obadiah was a brother of Thomas yet who Robert Phelps is remains a mystery, although my theory is that he maybe connected to Isham Phelps who appears in later deeds in this trail. Isham name his first son Robert and the Robert Phelps in the deed is old enough to have been Isham’s father as he owned property in 1803 when Isham could have been no more than 13 years old (Born ca.1790). Obadiah Phelps, a known brother of “our” Thomas was selling property in Caswell County as he was preparing to relocate to Pulaski County, Kentucky along with two other brothers Ambrose and Larkin Phelps.
The adjacent neighbors in this deed are again of great interest as they are directly or indirectly have a Phelps family relationship—
Stuart Warren—Thomas Phelps’ brother William married Jane Warren.
Jesse Moore—Jessie married Rebecca Pass and his granddaughter Elizabeth was Isham Phelps’ 2nd wife.
Nathaniel Pass Sr.—Father-in-law of Thomas Phelps
Ambrose Phelps—Brother of Thomas Phelps
Interesting Indeed!!!
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Robert and Obadiah Phelps to Thomas Phelps
Caswell County Land Deed Page 91
October 28th, 1803
This Indenture made this Twenty Eighth day of Oct. in the year of our Lord Christ Eighteen hundred and three, Between Robert and Obadiah Phelps of the County of Caswell & State of North Carolina of the one part and Thomas Phelps of the said County & State Aforesaid of the other part. Witnesseth that the said Robert and Obadiah Phelps for and in consideration of the Sum of fifty pounds Virginia Currency to them in hand paid by the said Thomas Phelps, the Receipt Whereof the said Robert & Obadiah doth hereby Acknowledge to have Bargained and Sold and by these presents doth give Grant Bargain and Sell unto the said Thomas and to his Heirs and Assigns forever, one certain _______ Tract or parcel of Land. Situate Lying and being in the Aforesaid County of Caswell as bounded as follows
To Wit: Beginning at the Southeast Corner of said Thomas Phelps Land and running to Stewart Warren’s line thence to the land of Jesse Moore- Deceased, thence to Nathaniel Pass Sr.’s line, thence to the pond branch, thence down the same to the fork, thence up fork in branch on Ambrose Phelps line to said Thomas Phelps line Containing Seventy Acres more or less to have and hold the said Bargained land and premises with all and Singular the Appurtenances thereunto belonging to the said Thomas and to his Heirs and Assigns forever.
In Witness whereof we have hereunto set our hands and seals the day and year first above written.
his mark
Robert x Phelps
his mark
Obadiah x Phelps
Signed Sealed and Delivered
In the presence of:
Danl. L. Farley (Jurat)
Thos. Johnston
Caswell County October Court Court 1803
This deed was duly proven in Open Court By the Oath of Daniel L. Farley one of the Subscribing Witnesses thereto and on Motion Ordered to be Registered.
Test:
A. Murphy Clk.
The next deed represents Thomas Phelps’ move to neighboring Person County. The land purchase was made by a series of bonds due and payable annually beginning in 1826 and ending in 1832. the year 1832 was when he sold his last piece of property in Caswell County to Isham Phelps.
John Crisp to Thomas Phelps with James Terrell as Trustee
Person County, North Carolina
Land Deed November 1826
Book H Page 220
This Indenture made this ____ day of November in the year of our Lord one thousand eight hundred and twenty six between Thomas Phelps of the County of Caswell and State of North Carolina of the first part and John Crisp of the County of Person and State aforesaid of the second part and James Terrell of the first mentioned County as Trustee of the third part. Witnesseth that whereas the said Thomas Phelps has this day become indebted to John Crisp by Executing Eight bonds due and payable as follows:
(Viz)
One bond for the sum of paid dollars payable on the 25th day of December 1826
One other for the sum of fifty dollars payable on the 25th day of December 1827
One other for the sum of fifty dollars payable on the 25th day of December 1828
One other for the sum of fifty dollars payable on the 25th day of December 1829
One other for the sum of fifty dollars payable on the 25th day of December 1830
One other for the sum of fifty dollars payable on the 25th day of December 1831
One other for the sum of fifty dollars payable on the 25th day of December 1832
And being honestly desirous to secure to the said Crisp the payment of the said sum of money as they become due he the said Thomas Phelps has agreed for that purpose and no other to Convey to the said Terrell in Trust the following described property.
(Viz)
One tract or parcel of Land situate lying and being in the said County of Person on the waters of the Double Creeks of South Hico, containing three hundred acres and eighty five hundredths of an acre it being the Tract of Land conveyed by the said John Crisp to the said Phelps by deed bearing even date herewith to which deed reference is hereby made for a full description of the Tract of Land hereby intended to be Conveyed.
Now This Indenture Witnesseth that for and in consideration of the promises and for the further Sum of One dollar to him in hand paid by the said James Terrell the receipt whereof is hereby acknowledged, he the said Thomas Phelps hath given granted bargained and sold and by these presents doth give grant bargain & sell unto him the said James Terrell and to his heirs or assigns all the before mentioned Tract or Parcel of Land to the only proper use and behoof of him the said James his heirs or assigns, and the said Thomas Phelps doth hereby Covenant and agree to and with the said James Terrell and to and with his heirs or assigns that he will forever defend the Right and Title hereby Conveyed against the Lawful Claim or Claims of all persons whatsoever he the said Terrell to the same interest nevertheless as follows.
(Viz)
Should the said Thomas Phelps fail to pay off and discharge either of the above mentioned bonds when it shall here become due then it may be lawful for him the said James Terrell to advertise the tract of land hereby Conveyed to him at the Court house and three other public places for twenty days and then sell the same for the best price than can be had in cash, and with the money arising from said Sale, pay off and discharge the bond or bonds that shall become due, and the overplus if any Shall be loaned out on good Security to be applied to the payment of the other bonds as they become due, and if after discharging all the said bonds there be an overplus he shall pay it over to the said Thomas Phelps or to his order and the parties hereby further agrees that when all the said bonds are discharged and paid off, That this indenture shall be of no effect.
In Witness whereof they hereunto Set their hands and affix their Seals the day and date as above written.
His
Thomas x Phelps
Mark
James Terrell {Seal}
John Crisp {Seal}
Done in the presence of:
Test.
Thompson McKissack
Nicholas Hester
Transcribed By: Latham Mark Phelps
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Thomas Phelps to Isham Phelps
Caswell County, North Carolina
Land Deed November 22nd 1831
Page 143
This Indenture made this 22nd day of November in the year of our Lord one thousand eight hundred and thirty one between Thomas Phelps of the County of Person and State of North Carolina of the one part and Isham Phelps of the County of Halifax and State of Virginia of the other part. Witnesseth that the said Thomas Phelps for and in consideration of two hundred and four dollars to him in hand paid by the said Isham Phelps the receipt whereof is hereby acknowledged, hath give granted bargained and sold and by these presents doth give grant bargain sell and convey to the said Isham Phelps a certain tract or parcel of Land lying and being in the County of Caswell and State aforesaid.
Beginning at a small Black Gum on Brandon’s Road and running thence West twenty three chains and 50 links to pointers near a _____ Red Oak, thence North with an old line thirty four chains and 50 links to a ______ Sour Wood Stump, thence East with William B. Pulliam’s line thirty two chains and 50 links to said Road, thence with the Road as it meanders thirty seven chains and 25 links to the beginning including the said Thomas Phelps old Mansion House and containing one hundred and two acres.
And the said Thomas doth hereby covenant with the said Isham that he will warrant and forever defend the above bargained Land and premises from and against all claims of any nature whatsoever to the proper use and benefit of him the said Isham Phelps his heirs and assigns forever.
In Witness whereof this Thomas Phelps hath hereunto set his hand and seal the day and year above written.
His
Thomas x Phelps
Mark
Sealed & Delivered in the
Presence of:
James Rainey
Jos. Pulliam
Transcribed By: Latham Mark Phelps 2004
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Thomas Phelps to Isham Phelps
Caswell County, North Carolina
Land Deed December 20th 1832
Page 367
This Indenture made this 20th day of December in the year of our Lord one thousand eight hundred and thirty two, Between Thomas Phelps of the County of Person and State of North Carolina of the one part, and Isham Phelps of the County of Halifax and State of Virginia of the other part. Witnesseth that the said Thomas Phelps for and in consideration of the sum of Two hundred and sixty four dollars to him in hand paid by the said Isham Phelps, the receipt whereof is hereby acknowledged, hath given granted bargained and sold, and by these presents doth give grant bargain sell and convey to the said Isham Phelps, A certain tract or parcel of Land situate lying and being in the County of Caswell on the waters of Mill Creek.
Beginning at a Spanish Oak and running thence North 87 chains and 80 links to branch which separates it from Barthus J. Crawley’s land, thence up the said branch about fifty chains to a corner of the said Isham Phelps land, thence with his line south 84 chains and 80 links to pointers by a leaning Oak, thence West 46 chains and 30 links to the beginning, Containing One hundred and thirty two acres more or less.
And the said Thomas Phelps doth hereby covenant with the said Isham Phelps that he will warrant and forever defend the above bargained land and premises from and against all claims whatsoever to the only proper use and of him the said Isham Phelps his heirs and assigns forever.
In Witness whereof the said Thomas Phelps hereunto Set his hand and seal the day and year above written.
His
Thomas x Phelps {Seal}
Mark
Sealed and Delivered
In the presence of:
James Rainey
Jno. P. Rainey
Transcribed By: Latham Mark Phelps 2004
Robert H. Hester to Thomas Phelps Sr.
Person County, North Carolina
Land Deed April 8th 1837
Deed Book N Page 407
This Indenture made and entered into this the 8th day of April in the year of our Lord one thousand eight hundred thirty seven. Between Robert H. Hester of the County of Person and State of North Carolina of the One part and Thomas Phelps Sr. of the County and State aforesaid of the other part. Witnesseth that the said Robert H. Hester for and in consideration of the Sum of One hundred thirty five dollars 62 cents to him in hand paid by the said Phelps at or before the Sealing and Delivering of these presents hath given granted bargained and sold aliened released in fee ____ and confirmed and by these presents doth give grant bargain and sell alien release infer off and Confirm unto the said Thomas Phelps a certain tract or parcel of Land, Situate lying and being in the County and State aforesaid on the waters of the Double Creeks of Hyco and bounded as follows.
Beginning at an Ash running thence North Seventeen chains and sixty links along Lawrence Gray’s line to Pointers, thence along the division line which is Robert H. Hester’s line, thence West forty six chains and fifty links to Pointers, Thence up said as it meanders to a White Oak on the West side, thence West on Elg. Jones line seventeen chains twenty five links to blazed Pointers, thence South along said Phelps line twenty four chains and 80 links to a Red Oak Stump, thence East on yet his line forty two chains and fifty links to a White Oak, thence North on Jno. Phelps twenty chains and thirty links to a Maple, thence East yet his line thirty chains and fifty links to the beginning. Containing by Estimation One hundred Eighty four and ½ acres be the same more or less to have and to hold the aforesaid bargained & sold premises.
With all and singular the Appurtenances thereunto belonging or in any wise ascertaining unto the only proper use benefit & behoof of him the said Phelps his heirs Executors and Administrators forever. That the said Robert H. Hester hath fore power and legal authority to Convey the aforesaid tract of land in manner & form as aforesaid and that by these presents he doth hereby Convey the same unto him the said Thomas Phelps Sr., his heirs Executors and Admin, Forever to and from all lawful Claim or Claims whatsoever.
Robert H. Hester {Seal}
Signed Sealed and Delivered
In the presence of:
Nathan Oakley
Wm. Evans
P.M. McMurray
State of North Carolina Person County
Court of Pleas and Quarter Sessions March Term 1838
The Execution of the foregoing deed was duly proven in Open Court by the oath of
P. M. McMurray and ordered to be registered.
Chas. Mason Clk.
Transcribed By: Latham Mark Phelps 2004