Thomas Phelps (the older Thomas, not the son of James Phelps)

1727-1823

By Doug K Phelps

2016 update:  2016 from K Mann: Food for thought for your line:  The unknown Thomas, tithe of John of Bedford in 1748 (we still haven't figured out who he is).....if this Thomas tithe was aged 16 to 21 in 1748, he fits the age of the unknown Thomas in Caswell b. circa 1727 who is near your James...  The Thomas as a tithe of John of Bedford is in JC's sheet of all the land patents, it's mentioned in the Bedford section. He proposed it was one of Thomas men of Albemarle. The age doesn't fit to be either of the Thomas of Albemarle men (too young).  He is too old to be the Thomas of the  Bedford line either. We are unsure who this Thomas is. If this Thomas is a tithe of John, it would mean he's age 16 to 21 in 1748.

Research by JC Rogers: 1748 Thomas Phelps Lunenburg Co. VA (present Campbell/Bedford line area) Appears listed on the Lunenburg Tithe list indented under John Phelps, Robert Baber listed as well on his own.  Doug: An imported person required a tithe by the way.

Caswell formed 1777 from Orange Co.  Orange formed 1752 from Johnston, Bladen, Granville.

Johnson formed 1746 from Craven. Bladen form 1734 from New Hanover. Granville formed 1746 from Edgecomb.

Cumberland formed 1754 from Bladen Co.  Cumberland now is south of Caswell in the Fayetteville area.

( I researched all of AB Pruitt's land grant related books but did not find a reference to a Phelps in these areas.)

Clues to relate this Thomas with the James Phelps of Caswell line:

1.  Finally a connection between Thomas Phelps the Elder and James Phelps. Reuben Phelps, son of James, was Bondsman for the marriage of Thomas the Elder's daughter Delphia to George Roan  (From Mark Phelps)

2. ANOTHER SMALL CONNECTION BETWEEN THE TWO PHELPS FAMILIES. WILLIS BUCKINGHAM--HUSBAND OF JAMES PHELPS DAUGHTER LUCY--PURCHASED AT THE SALE.  Page 260: Sales property of Thomas Phelps sold 6 November 1823 to: Maj. James Currie, Archibald Lipscomb; Issac D. Vanhook, Cuthbert Wagstaff, Robert D. Wade, Willis BUCKINGHAM , John Mathis, Robert Yalock, Joseph Langley, John Broughton, Solomon Whitlow, Elizabeth Sargent, James Roan, James Jay Sen., Nathaniel Torian, John Fullington, John C. Vanhook, Miram Lockard, Alexander Griffin, Abner Wisdom, Wm. McMurray, Barzillai Nelson, Young Burt, Jesse Westbrook, Thomas Roan, Demsey Sargent, Thomas Greenway, David Drake, Sally Roan, Wm. Wisdom, Lewis Yalock, et al.
 

The following are likely records for the Thomas of Caswell Co.

4/1770:   . Source: Orange County Records, Vol. III. Deed Book 3 Abstracts edited by William D. Bennett, C. G., Privately Published, Raleigh, North Carolina 1990  P. 309, 20 April 1770, Robert Kilgore of Orange County to Kilgore Snr. of same, for value received in hand, 280 acres on North Hico Cr. , begin at a post oak to a red, N 70 ch. to a red oak, E 40 ch. to hickory, S 70 ch. to a Spanish oak, W 40 ch. to where it first began; signed: Thomas (X) Kilgore, Lynda (X) Kilgore; witness: Jas Roberson, Thos Phelps, Andrew Warrick; proven July Term by Warrick

2/8/1770:  Orange County DB 3, p311 He is a witness to deed at N. Hico Crk.

1777:  1777 Caswell Tax list, Gloucester £287, 10sh.  His land grants were in Caswell 1778, September 10, 640A, North Hico and 1779, October 1, 484 Acres, North Hico.  Apparently he already had property in 1777.

This Thomas Phelps lived in the Gloucester District of Caswell - in the Leasburg area -  NOT the area where James lived which was the Richmond District where Mary,Rueben, and Our Thomas were shown in the 1790 Census

THe 1820 census indicated he owned 14 slaves,  At his death, they were divided to children of Elizabeth, Delphia, Nancy ROAN and Rachel   He also gave slaves to Jacob Thomas (his grand daughter's husband).  (Caswell Will Book I 1824 page 314 and Book K January 1825 court page 9.)

From Mark Phelps, Snow Hill/ Latham Phelps, Greensboro, 2001:  "The other Thomas Phelps of Caswell County and Item # 437 James Lea as shown in "The Heritage of Caswell County North Carolina: dated 1885 and published by the Caswell County Historical Association, has following on Thomas Phelps: James Lea was a son of William Lea of King and Queen County. On March 16, 1784 James Lea gave power of Attorney to Thomas Phelps of Caswell County saying he was the son and heir of William lea, deceased, empowered Phelps to obtain lawful title to land in Kings and Queen County on waters of Mataponia River near Maddison's Mil said falling to him by heirship. Thomas was a neighbor of James Lea from his deeds and he was a contemporary. He named Gabriel Lea as his executor of his will in 1821 and the Raleigh Register reported that Thomas Phelps died 1823 at age of 96 years. Phelps may have returned to VA to claim a part of the Lea estate himself as both James Lea and Phelps had daughters that married into the Sargent family.   This Thomas was not my Thomas Phelps, Sr."

Additional source material provided by Walter Phelps, 1/2012 :   Letter of Attorney: James Lea (the son and heir of William Lea, decd.) of Caswell County to Thomas Phelps of same county to “ask, demand, sue for as to obtain lawful title to tract of land in King and Queen County, VA, 35 acres on waters of Matiponi River near Maddison’s Mill, said land falls to me by heirship”.   16 Mar 1784   Wit: H. Haralson, William Lea    Source: Caswell Co NC Will Books 1777-1834, 1784 Tax list; and Guardians’ Accounts, 1794-1819  

Provided by Doug Phelps 1/2012:  King and Queen County is not far from a current CF Phelps wildlife Management Area in Fauquier Co. (see this map and this description).    CF Phelps was born in Columbusmaybe, Georgia, USA on 9 Mar 1871 to George Decal Phelps and Amanda Rengress Phelps. He passed away on 29 Dec 1913.  George Decal Phelps was born in Calybeate Springs, Georgia, USA on 6 Dec 1834 to Greatgrandpa Phelps . George Decal married Amanda Rengress Phelps and had 7 children. He passed away on 22 Dec 1922 in Bethesda Church, Manchester, Georgia, USA.  (source Ancestry.com)

The following transcript was supplied by Connie Roan who thought this Thomas was a son of James Phelps. I, Douglas Phelps, and Mark Phelps contend this was NOT the son of James Phelps but was the older Thomas alive at the same time in the same area. From Book I at Page 247 in the Caswell County, N.C. Court Records is taken the following, which is a copy of the last Will and Testament of Thomas Phelps

THOMAS PHELPS WILL

1821

            In the name of God Amen.  I Thomas Phelps of the County of Caswell and State of North Carolina being on the decline of life but in sound mind and memory and calling to mind the mortality of the body and knowing that it is appointed for all men once to die, do make and establish and confirm this as my Last Will and Testament freely and positively revoking and dissolving all former wills heretofore made by me and as for the worldly goods that it hath pleased God to endow me with I dispose of in the following manner to wit.

Item 1^st  I will and bequeath to my three daughters to wit Elizabeth Wisdom and Nancy Roan and Rachel Sargent Twenty shillings in cash each. 

Item 2  I will and bequeath to my four grand children to with Rachel and Betsey and William and Nancy Wisdom the children of my daughter Betsey Wisdom the fourth part of Twenty one Negroes to be divided as hereafter named to wit a Negro Mandy, the name of Adam and Harry and Harrison and Tom Ninnie Silvey and Phoebe Sally Becky Pachance and Stephen Jude Greasy Lewis and Henry and Silvey Jane and Charles Sall and Amy and Mary.

Item 3  I will and bequeath to my grandson James Roan fifty acres of the land the Tract whereon Rachel Wallis formerly lived.

Item 4  I will and bequeath to Justin Rone one hundred and nine acres of land the Tract whereon Joshey Wallis formerly lived.

Item 5^th  I will and bequeath to my four grandsons, the sons of my daughter Rachel Sargent to with Demsey and William and James and Thomas Sargent two hundred acres of land to be equally divided between the four sons the Tract where Kendrick lived.

Item 6  I will and bequeath to my grandchildren the children of my daughter Nancy Roan to wit Fanny and James, Annis and Ann, Accy and Sallie and Patsy an equal part in the above named Negroes.

Item 7  I will and bequeath to my grandchildren the children of my daughter Rachel Sargent to with Demsey and Dradey Betsey and Ann and William and James and Thomas Sargent an equal part with my other grandchildren of the above named Negroes.

Item 8  I will and bequeath to my grandchildren the children of my daughter Delphe to wit James Sally and Nancy Rone an equal part of the above named Negroes I mean the fourth part.

Item 9  I will and bequeath to my grandchildren 440 acres of land the tract whereon I now live to be equally divided between Demsey, Dradey, and Betsey, and Ann, William and  Thomas and James Sargents, and Fanny, James and Annis, Ann, Sally, Patsy Roan the children of my daughter Nancy Roan.

Item 10  it is further my will and desire that all my household and property and stock of every description together with my money on hand and bonds and all property not heretofore willed to be equally divided between my four mentioned grandchildren taking out of James Sargents children share one hundred and forty dollars it being money I paid for said Sargent and it is further my will and desire that my three grandchildren to with James, and Thomas and William Sargent should have one years schooling each out of the money arising from the sale of my property.

Signed and acknowledged in the Presence of us this 8^th day of April 1821.

                                                                                    Thomas Phelps (signed)

N. B.  It is my wish that Gabriel Lea be appointed executor to this my last Will and Testament.

I have signed acknowledged in the Presence of us the date above written.

William Lea (Jurat)              Thomas Phelps

                                                          (Seal)

Admitted to Probate October 1823.  

The following  records most likely apply to a different Thomas,

The following  records most likely apply to a different Thomas, one described in the  DAR INDEX  as “Thomas Phelps b a 1738  d p 4-4-1794  NC   m (1) Jane Smith CS NC”   Which Thomas is now in doubt.  New evidence points to a Thomas Phelps as a son of  Avington  in 1759 but under 16 years of age  (Thomas Avington/Abner Felps,  b. 1743-1752)   and also an adult Thomas   See this report    So there may be an unidentifed adult Thomas in the area by 1755. 

One researcher said: Some have reported there is a record in Johnston County, North Carolina, May 1755  which states:  Sir: this Comes to Let Know that I have sold my Land containing one hundred & fifty Acres, lying in Johnston County, on the North side of  Walnut Creek joyning to the Great Branch on Both sides, to John Smith  and I Desire your Honner you will to give the said John Smith a Deed in his how name and in sodoing you will oblige your friend and Humble  this 3rd day of May 1755. > > Signed Silus Monk > >   > > Witnessed and signed, THOMAS FELPS & William Bryan  (See my notes for the 5/3/1755 deed below.)

• 5/3/1755 Johnson Co:  Thomas Felps is a witness to a deed.  On North side of Walnut Crk - Great Branch. Johnson Co.   Sec of State papers SS680

If this is true, then there is a  Thomas Felps in JOHNSTON Co., NC in 1755. This could not be Thomas A. Felps (son of Thomas Felps of Baltimore CO) , as he was  b. between 1743 - 1752 as he was too young to have served as a  witness. A Thomas Felps had land transactions with John Smith in  Cumberland Co., NC in 1763 (I have located 5 such transactions  mentioned in another post.) I contend that these two Thomas Felpses  are the same man but he is not Thomas A. Felps, b. 1743-1752 because he would have been a maximum of 11 years old.

• 10/12/1762 Johnson Co.    Thos Phelps a witness to a deed.  On Neuse River, side of Black Creek.   Johnson Co DB 1762-1771 #299

• 3/30/1763 buys land,  Johnson Co.   John Smith [See John Smith’s daughter married to Thomas below], of Johnston, to Thomas  Phelps (Felps), of Cumberland, for pounds 75 proc., 200 a. on NE/S of Cape Fear  River on Dawson's corner on the river bank, patent to Wm. Dawson 15 March 1756,  who sold sd. land to John Smith Sr., 19 Jan. 1760  Wit: James Nollebay, Catharine Nolleboy ackd. May 1763    From:  Book 2, P. 203  30 March 1763,    Abstracts of Deeds of Cumberland County, North Carolina, Volume one, Books  1 - 3, 1754 - 1770." By William C. Fields, Editor

• 1760-1764 Cumberland Co.:  Several property records with names Thomas and Jane/Jean Phelps/Felps; some including John SMith, Jane's father.  Abstract of Deeds of Cumberland Co 1754-1785 (No Ponds mentioned)   

• Cumberland Co:  Several court records naming Thomas and Jean, some proving marriage. Abstracts of Minutes of Court of Pleas of Quarterly Sessions of Cumberlnd Co 1755-1791

• 4/30/1764 Cumberland: Thomas Felps, of Cumberland............................Thomas's wife is Jane (Jean on some  records).......... Wit: Jno. Stewart, Robert Love, Daniel Wooten Proved by Jno Stewart May 1764.   Book 2  30 April 1764  Abstracts of Deeds of Cumberland County, North Carolina, Volume one, Books  1 - 3, 1754 - 1770."  By William C. Fields, Editor

• 11/9/1764 Cumberland co, NC  (Currently south of Caswell co, NC).  From Colonial Petitions for Resurvey to the King's Council, #165 by AB Pruitt: " [no date] petition of Patrick Campbell (of Cumberland CO) to Gov. Arthur Dobbs and His Majesty's Council: Patrick entered "a track" in Cumberland at the ford of Little R a mile from George Roberts'  tract of 250 ac. Warrant No. 48 for the same from this present Court. But by searching the records, Patrick finds the land is already granted to Lewis Skibbow. Patrick asks for his 250 ac warrent to be laid on another piece of land that's vacant - on the NE side of NW [River] and bordering John Marroe's [or Momroe] land on upper side and Thomas Phelps on lower side; "leave to withdraw the fromer entry and make it of this day". [signed] Patrick Campbell; [on the back] filed Nov 6 1764;grant to be transferred to No. 370 Nov 9, 1764; [grant for 200 ac is no. 1110 in vol.2 of NC Colonial Grants]".

• State of Tennessee, Hamilton District. Superior Court of Equity, April Term 1797    Farquard Campbell and Elizabeth his wife surviving executors of Last Will & Testament of Alexander SMITH, decd. They admit that said John Smith Senr [see John Smith below] left a daughter named Jane who had been married to Thomas PHELPS and another daughter named Pheruba the wife of John HINTON, also a son Samuel Smith the complaintant living and that beside the sd two daughters & son who survived him, he had a daughter Anne who married Needham BRYAN, Elizabeth who married William Bryan, a son John and one named Alexander who died before him, all of whom left issue.
  
  These defendants also say that Alexander, son of the intestate, previous to his death make and publish in due form his Last will & testament in writing and therein constitute David Smith, Bryan WHITFIELD & Elizabeth his wife then Executors. The said Elizabeth Smith (now Elizabeth Campbell) and David Smith prove the said will in Cumberland County where the testator resided at the time of his death. Bryan Whitfield never qualified as an Executor and has declined to do so. As Campbell intermarried with Elizabeth 25 March 1792, he is advised executor in right of his wife. Elizabeth is named as relict of Alexander Smith, son of John Smith Senr. (The year entered as '1792' should be '1782')   http://www.ncgenweb.us/cumberland/dowd.htm

John Smith

• "John Smith arrived in Johnston County about 1743 and the town of Smithfield was built on 100 acres given by him for the purpose. He was a public servant of his county and state. The date of birth of John Smith is uncertain - some say 1687 in March and others say 1690. He married about 1708 Elizabeth ? , believed to be Whitfield, daughter of Matthew Whitfield of Virginia and perhaps sister of William Whitfield. The date of John's death is also uncertain, we have two dates 1777 and 1783. He represented his county in General Assembly in 1745 and in 1746 was appointed justice of the peace of Johnston County. In 1749 he was a member of the colonial asspmbly. The roster shows him a member as late as 1769. In 1771 he was among those favoring the founding of Queens College in Charlotte. The county court was sometimes held at his house. The Provincial Congress was held at his house to appoint delegates to the Continental Congress in Philadelphia. He amassed considerable properties; he owned 5000 acres lying on the banks of the Neuse River at one time. He died during the Revolution and traditions have it that he was buried on the banks of the Neuse ona bluff in Smithfield, Nc  [now Johnson Co, NC] 'just back of the Methodist Church where Dr. Telfair's house once stood.' No trace of the grave can be found." The above. . .information is taken from "Whitfield, Bryan, Smith, and Related Families, Book 2 "Bryan Smith" compiled by Emma Morehead Whitfield assisted by Many Members of these Families" and edited by Theodore Marshall Whitfield. The above John Smith is found on page 211, Vol. 2 Written and published in 1948.

The French and Indian War
THE FRENCH AND INDIAN WAR  http://archiver.rootsweb.ancestry.com/th/read/NCROWAN/2002-07/1026142521

NORTH CAROLINA
JOHNSTON COUNTY
Created in 1746 from Craven County
On April 12, 1749 Aventon Felps is listed as a Sworn Chain-Carrier for Lord Granville Surveyor, John Wade.
Mar. 25, 1749, William McIllroy, 181 acres N side Crabtree Creek, joining the said creek and the bent of the said creek. Wits: James Carter, John Haywood. SCC: Thomas House, John Belk. Surveyor John Wade.
April 25, 1749, William McIllroy, 340 acres on Crabtree Creek, joining Thomas House. Wits: James Carter, John Haywood. SCC: John McIllroy, John Cook. Surveyor John Wade.

During the fall of 1752 at the Granville land office in Edenton, Colonel Francis Corbin the Commander of the Frontier Militia and Land Agent for Lord Earl Granville, directed Lieutenant Colonel George Smith and some Militia Rangers, to escort William Churton a Surveyor, the Bishop August Gottlieb Spangenburg and a few other Moravians to the west along the Indian Trading Path to the Yadkin River where William Churton would survey and lay out the boundries for the 100,000 acres of a Wachovia Tract of land that Lord Granville agreed to sell to the Movarian Church in Bethleham, Pennsylvania. By 1753 in the Granville district of North Carolina, land was selling at the rate of 5 shillings per hundred acres, regardless of acreage.

SEE PLATE-INDIAN TRADING PATH

In 1753 Avinton Felps received a survey of 500 acres in Anson County from Lord Granville, surveyed by James Carter with his sworn chain-carriers, John Smith and Abiga McCoy.
This tract of land was located on the Yadkin River near the mouth of Reedy Creek. Later, this land was found to be within the surveyed boundries of the 100,000 acres of land that Lord Granville had sold to the Movarians.

ROWAN COUNTY
Created in 1753 from Anson County
On Feb 12, 1753 Michael Miers sold to Avinton Felps a blacksmith, both of Anson County, for L25 Virginia money, 357 acres in Anson on North side of Yadkin river above mouth of Reedy creek. Signed- Michael (+) Miers, Witt. James Carter, William Bishop.

Long before the actual outbreak of hostilities powerful forces were gradually converging to produce a clash between the aggressive colonials and the crafty Indians. As the settlers pressed farther westward into the domain of the red men, arrogantly grazing their stock over the cherished hunting-grounds of the Cherokees, the savages, who were already well disposed toward the French, began to manifest a deep indignation against the British colonists because of this callous encroachment upon their territory.

Listed in the Colonial Soldiers of the South, during the years 1754 - 1760 Colonel Francis Corbin, Lieutenant Colonel George Smith, Major James Carter and Adjutant John Dunn was in charge of the Rowan County North Carolina Militia. Avinton Felps is listed as Ensign under the command of Captain John Hanby.

SEE PLATE-COLONIAL SOLDIERS

The frontier of North Carolina was placed in a very precarious situation. At the beginning of the war the Cherokees and Catawbas were friendly to the frontiersmen, but soon the savages began to molest the whites. There was great uneasiness among the people of Anson and Rowan County because they did not know at what moment the Indians might take up the tomahawk against the settlements.

Early in the year of 1754, one thousand pounds in proclamation money that is, in money which was issued by the provincial government and which was greatly depreciated in value was appropriated to buy arms for the poorer inhabitants of Rowan and Anson.

During the peak of the French and Indian War's in 1759 the Cherokee Indians went on the warpath down the Yadkin River terrorizing settlements of that part of the frontier. During that summer Indian alarms were frequent and Avinton Felps, now promoted to the rank of captain, and with his hardy frontiersmen, was called upon to serve in several expeditions to scour the woods in search of the lurking Indian foe. These armed rangers, who were clad in hunting-shirts and buckskin leggings, was also very skilful in the employment of Indian tactics when fighting.

1759 ROWAN COUNTY NORTH CAROLINA
FRONTIER MILITIA ROLL

May ye 15th 1759, The Publick of North Carolina to Captain Avinton Felps Dr. To a Scout Sent Out a man Alarm of Indians being Seen on the Frontiers of Rowan County-----

Avinton Felps 6 Days @ 7/6...................................... 2.5
Willis Ellis Senr. 6 Days @ 5/ ...................................... 1.10
Phillip Howard Ens. 6 Days @ 4/6...................................... 1.7
Israel Cox Sergt. 6 Days @ 4/ ...................................... 1.4

Private Men
Roger Turner 5 Days @ 2/8....................................... 13.4
Joseph Bryan 5 Days @ 2/8....................................... 13.4
George Parks 6 Days @ 2/8....................................... 16.
Allen Parks 6 Days @ 2/8....................................... 16.
Gabriel Enochs 6 Days @ 2/8....................................... 16.
Peter Cross 6 Days @ 2/8....................................... 16.
Henry Hagy 6 Days @ 2/8....................................... 16.

Mirack Davis 6 Days @ 2/8....................................... 16.
Phillip Davis 6 Days @ 2/8....................................... 16.
Thomas Evans 6 Days @ 2/8....................................... 16.
James Whitsitt 6 Days @ 2/8....................................... 16.
Conrod Carn 6 Days @ 2/8....................................... 16.
Danl Holyfield 6 Days @ 2/8....................................... 16.
John Fry 6 Days @ 2/8....................................... 16.
Leonard Hazzard 6 Days @ 2/8....................................... 16.
Thomas Felps 3 Days @ 2/ ....................................... 8.
L18.8.8

Thomas Felps under 16 years old, son of Avinton Felps

June 11, 1759, To a Scout Ordered Out by Col. George Smith to Range the Woods in Order to Discover the Enemy if Any.

Avinton Felps Capt. 6 Days @ 7/6.................................... L 2.5
Phillip Howard Ens. 6 Days @ 4/6...................................... 1.7
Jonathan Hanby Serg. 6 Days @ 4/ ...................................... 1.4
David Smith Serg. 6 Days @ 4/ ...................................... 1.4
Hermon Butler Private 6 Days @ 2/8...................................... 16
Henry Carns Private 6 Days @ 2/8...................................... 16
Martin Marr Private 6 Days @ 2/8...................................... 16
Solomon Ozburn Private 6 Days @ 2/8...................................... 16
Gidion Lewis Private 6 Days @ 2/8...................................... 16
Paul Whistenhunt Private 6 Days @ 2/8...................................... 16
Abraham Goss Private 6 Days @ 2/8...................................... 16
John Crow Private 6 Days @ 2/8...................................... 16
Jacob Yount Private 6 Days @ 2/8...................................... 16
Martin Birely Private 6 Days @ 2/8...................................... 16
L14. ---

North Carolina )
Rowan County )
This day came Capt. Avinton Felps before us the Subscribers and made Oath on the Holy Evanangelist Almighty God that the within Acct of Thirty two Pounds Eight Shillings and Eight Pence proclamation Money Charged Against the Publick of North Carolina According to the Best of his Knowledge is Just and true as it Now stands Stated. Sworn Before us this 19th day of October 1759.
John Hanby
William Buis
Avinton Felps