The Family of Reuben Phelps, Son of James Phelps of Caswell County N.C.

By: Latham Mark Phelps 2006

Based on documents aquired at Halifax, Virginia Courthouse 12-29-2005, and years of prior research on the Phelps family. I would like to thank my father, Wilford Latham Phelps, who accompanied me on this research trip and has been a tenacious and tireless partner when it comes to family history. My thanks to my 4th cousin, Doug Phelps of New Bern, N.C., for providing the first clue as to Records identifying Reuben and his son Isham Phelps in Halifax County, Va. We had tried for years to place Isham Phelps in our Phelps family as had other researchers and thanks to Doug's clue we know have many of the answers.

Reuben Phelps was a named Son in the Will of James Phelps in 1785. James Phelps was the progenitor of the Phelps family in Caswell and Person Counties, N.C. James and his wife Mary (last name unknown, Bateman has been used by many researchers but we have no documentation for this) had the following children:

William - m.- Jane Warrin (Warren) --Jan. 6th, 1786 Bondsman: Shadrack Hudson Caswell County, N.C.

Reuben - m.- unknown

Thomas - m.-Mary Pass --- Dec. 17th, 1791, Bondsman: Jessie Moore Caswell Co.

Larkin - m. -Anna Dye --- Aug. 19th, 1796 Bondsman: Willis Buckingham Smi Caswell Co.

Obediah -m. - Peggy Dye -- Dec. 28th, 1796 Bondsman: James Randal Caswell Co.

Ambrose -m. - Sally Dye --- Aug. 19th, 1796 Bondsman: Larking Phelps Caswell Co.

Lucy - m. Willis Buckingham Smith --Nov. 11th, 1794 Caswell Co.

Betty - m. - unknown

Patty - m. - unknown

Before we begin the story of Reuben Phelps, I feel it necessary to provide some history of the Phelps Family and their neighbors in late 1700's Caswell County.

James Phelps' first recorded appearance in NC was his land entry in 1778: " Land entry #781. James Phelps enters 320 acres of land joining the line of Ann Smith of the Virginia line of the north side of Mill Creek including his improvement. 20th Nov 1778" It was entered by James and Nathaniel Pass (NC Archive Land Entry Book CR020.404.1) --- James Phelps received a Land Grant from the State of North Carolina in 1779 ( the survey was conducted in 1778) for 292 acres, signed by Governor Richard Caswell, for whom Caswell County is named. This property was located on the "waters of Country Line Creek" and adjacent the "Provence Line of Virginia" and Nathaniel Pass' line and Anne Smith's line. Nathaniel Pass was the father of Mary Pass, who married James Phelps son Thomas (my direct ancestor). Anne Smith was either the mother or grandmother of Willis Buckingham Smith, who married James Phelps daughter Lucy. James Phelps formed a rectangle that was 45 Chains wide and 65 chains long or 2970 feet wide by 4290 feet long. One chain equals 66 feet and each chain contains 100 links. A measurement of 80 chains would equal one mile.

James Phelps Caswell County 1779

Page 404

State of North Carolina No. 277

To all that these presents shall come greeting:

Know ye that for and in consideration of the sum of fifty shillings for every hundred acres hereby granted paid into our Treasury by James Phelps have given

and granted & by these presents do give and grant unto the said James Phelps his heirs and assigns forever a tract of land containing two hundred and ninety two

acres lying and being in the County of Caswell. On the waters of Country Line Creek beginning at a white oak on the Provence Line of Virginia, thence

south sixty five chains to a red oak on Nathaniel Pass's line, thence his line west forty five chains to a red oak on Ann Smith's line, thence her line north

sixty five chains to a pine on the Provence line, thence the Provence line east forty five chains to the first station. As by the plat here unto annsaid doth

appear with all the Woods, Waters, Mines, Minerals, hereditaments and appurtenances to the said land belonging or ascertaining. To hold by the said

James Phelps, his heirs and assigns forever. Yielding and Paying to us such sum of money yearly or otherwise as our General Assembly from time to time may

direct. Provised always that the Said James Felps shall cause this Grant to be registered in the Register's Office of our said County of Caswell within twelve

months from the said date hereof, otherwise the same shall be void and of no affect. In Testimony hereof we have caused our Grant Seal to be hereby affixed.

Witnesses, Richard Caswell Esquire and Governor, Captain General & Commander in Chief at Kingston the Twentyeth day of December in the fourth year of Our

Independence & in the year of our Lord One Thousand Seven Hundred and Seventy Nine.

By His Excellency's Com. R.C. Caswell

J.R. Franck Sec.

Transcribed by: Latham Mark Phelps 2003

James Phelps Land was on the East side of the Country Line Creek in Caswell County just across the Creek from the future Town of Milton, N.C. His property was bordered on the West by the lands of Anne Smith, on the East By Shadrack Hudson, on the South by Nathaniel Pass Sr. and on the North by the Virginia Line. To the East of Shadrack Hudson were the lands of John Warren, whose daughter Jane married James Phelps' son William. James's son Thomas, married Nathaniel Pass Sr.'s daughter Mary and James Phelps' daughter Lucy married Willis Buckingham Smith, the son or grandson of Anne Smith. Anne Smith acquired her property in the year 1760 from "the Right Honourable John, Earl of Granville by deed bearing date the second day of August in the year of our Lord, One Thousand Seven Hundred and Sixty & registered in the Registers Office in Caswell County aforesaid in Book E Page( blank). This passage is from a Deed from James and Anne Reiley (Anne Smith's daughter and son-in-law) of Caswell County, N.C. to William Thomas Sr. of Pittsylvania County, Va., in 1779 ( Caswell Co. Deed Book A--Page 115). Ironically This Deed was witnessed by my 6th Great-Grandfather Andrew Haddock as well as by Charles and John Boulton. This property consisted of 50 acres "Beginning at Benjamin Merritt's corner White Oak on the Virginia Line, and on the West side Country Line Creek".

William Thomas Sr. of Pittsylvania County, Va. had a son, Asa Thomas who is widely credited as being the Father of Milton, N.C. Quoted from The Caswell County Historical Association's (CCHA) website. " The town of Milton in northeast Caswell County was incorporated in 1796 as a center for warehousing and inspecting tobacco and flour. It was a natural site with a fine location on the Dan River. "The town of Milton in northeast Caswell County was incorporated in 1796 as a center for warehousing and inspecting tobacco and flour. It was a natural site with a fine location on the Dan River. The property of Asa Thomas was selected. Because the new town was to have been located near the mill owned by Asa Thomas, it naturally was named Milltown or Milton." This mill was originally built by Benjamin Merrit and later sold to Anne Smith. If Asa Thomas was the Father of Milton, N.C., Then Anne Smith was the Grandmother of the town of Milton as it is situated on the land previously owned by her.

CCHA"S Newsletter VOL.XXVI, Number 2 Pg. 2 April 2003 states: " Mrs. Anne Smith, had written her will Sept. 17, 1783 and grandson AMASA SMITH who had been named an executor failed to bring it into Court until January Court 1792. The CCHA was not aware in 1985 when we published the first HERITAGE that Mrs. Smith was also the grandmother of the town of Milton., founded in 1796, oldest in the County. While investigating the 200th anniversary, we discovered that Milton began with the sale of a mill on Country-Line Creek where the Dan River flows by and separates Caswell from Pittsylvania. and Halifax Counties over the line in Virginia. Benjamin Merritt, whose descendants in Person County (cut off from Caswell in 1792) reported in the HERITAGE OF PERSON COUNTY I. "He came down from New York" and secured a Granville Grant of many acres on both sides of the Dan River in two colonies. Benjamin built a mill which he sold to Mrs. Anne Smith ca.1757 with acreage over 50 in the tract, more than enough to start a flourishing frontier town. From Mrs. Smith's will we gather that in addition to the wheat and corn-grinding and rough-sawn lumber production, she also had a grog-shop. This hostess with the mostest had several daughters whom she remembered fondly and a son Willis Buckingham. We do not know if she remembered that her daughter Anne and husband James Reiley had sold her mill to William Thomas, Sr. in 1779. It was listed by one of the Thomas sons in the 1784 Census. She mentioned that she had two mills and two plantations, so we find grandson MACE STOKES, alias Mason Smith, alias Mase/Massie and several other variations, presiding over a cluster of interesting pioneers about whom we have had too little information. Due to the fact that family members were separated into Person County, their records must be searched in both Caswell, Person and Orange in North Carolina and maybe their descendants can report with the Merritts that they have at last found his home tract (in Halifax County, Va., not too far from Milton). A few stray facts about the cluster could. begin with the PASS family who lived near Milton. Over in Person County, a Merritt descendant owns an old Pass house with a Thomas Day mantelpiece. Milton is famed for its antique commercial row today and for the fact that it was the location of Thomas Day of the famed free-black family of cabinet-makers who came to Milton from Warrenton ca.1824 and started a business which remains unique in our state's history. Fortunately, the Day residence and shop are being restored by donations and grants."

In 1791 William Thomas Sr. of Pittsylvania County, Va., (Caswell Co.-- Deed Book G--Page 17) sold to his Sons, Phillip Thomas of the County of Caswell and State of N.C. and Asa Thomas of the County of Pittsylvania and State of Virginia, "in consideration of the natural love and affection, which he hath and beareth unto the said Phillip and Asa Thomas, his Sons." The Deed further states "unto the said Phillip and Asa Thomas, one Mill and Millseat on Country Line Creek in Caswell County---which are to be equal Shares of and Partakers in the said Mill---Peaceably and Quietly have, hold and enjoy the said Mill and tenements except the Grinding of my Grain for my own Family use. Tollfree during my life and the life of Joyce Thomas, my wife." This Mill was of historical significance to this area of Caswell County and the Town of Milton as it provided a necessary service to the early settlers of Caswell County. Settlers needed Grist Mills to turn their crops into food to feed their families and slaves. It became the nucleous and hub of activity that led to the founding of Milton in 1796. I'm sure the Phelps family and their neighbors brought numerous loads of grain, wheat and corn, to be turned into meal and flour to sustain their families and the survival of future generations of these families to carry their legacies into the future.

Three of James Phelps sons, Larking, Obediah and Ambrose, went to Pulaski County, Kentucky ca.1806. We know much about these three as they have been researched by their Kentucky descendants. There were many families from Caswell and other counties in N.C. that migrated to the "frontier" lands of Kentucky and Tennessee during this time. Along with the three Phelps brothers there were members of the Dye, Earp, Wesley, and Randolph families that made the arduous trip to Kentucky together. In 1800 there were only two states west of the Appalachians — Kentucky and Tennessee. After several treaties with the Indian tribes, the Federal Government were ready to welcome mass settlement in the these Western States. In 1786 My 6th Great-Grandfather, Andrew Haddock of Caswell Co. was given a Land Grant from the State of N.C. in "our County of Davidson" for his service in the Revolutionary War. The County of Davidson at this time streched from the Piedmont of N.C. to the Mississippi River as Tennessee was not a State until 1796. Kentucky was a Territory of Virginia until becoming a State in 1792.

James' eldest son William, who was named Executor of James' Will, remained in N.C. and died in 1824.William Phelps obituary appeared in the 1824 Raleigh Register and stated that he was a Veteran of the Revolutionary War. James' son Thomas ( my 3rd Great-grandfather) remained in Caswell County until moving to neighboring Person County around 1826, where he died in 1849. I will write the story of Thomas Phelps at a later date.

Last Will and Testament of James Phelps

March 5th 1785- Will Book B Page 155

Caswell County, North Carolina

In the Name of God Amen I James Phelps of Caswell County Province of North Carolina being Weak of body but of Perfect Sense and Memory do make and Declare this my last will and Testament in Manner and form following

First I Recommend my Soul to Almighty God Who gave it me, hoping to Receive it again at the Last day in a Joyfull Resurrection. My body to be Buried in a Christian like Manner as for What Worldly Estate it has Pleased God to Bless me with after my Funeral Expenses & Just debts are paid I order and dispose of the following manner,

1st-- I Give and bequeath to my Son William Fifty Pounds Currant money to be paid out of my Estate.

2nd-- I lend the Remainder Part of my Estate With my land to my Beloved wife Mary During her natural Life or Widowhood She raising my children out of it as I have heretofore done.

3rd-- I Give and Bequeath after my Wifes decease to my Youngest Son Ambrose that part of my Land Lying on the North side of the Branch being the part whereon I now live.

4th-- I Give and bequeath to my Next youngest son Obadiah the other part of my land to him and his heirs only my mother to have her Lifetime thereon if She Chooses.

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 Reubin, Thomas, Larkin, Lucy, Betty and Patty and my Wife.

6thly-- My Will and desire is that if Either of my Eight youngest children should die Without Lawfull Issue that their part be Equally divided amongst the Survivers

of them.

7thly-- And lastly I appoint my beloved Wife Mary my Executrix and my Son William my Executor to this my last Will and Testament. In witness Whereof I have hereunto Set my hand and Seal this fifth of March 1785

{ Seal}

Signed Sealed & Delivered in the presence of }

Shadrack Hudson, Wm Cromwell, James Williamson

Caswell County October Court 1788

This Will is was duly proved in open Court by the Oaths of Shadrack Hudson, John Phelps, William Cromwell and in the manner as entered of Record upon the

Minutes of this Term and Ordered that the said Will be admited to Record.

Test AE Murphy Clk

Executors gratified

WILL TRANSCRIBED BY: Latham Mark Phelps -- March 2004

Rueben Phelps, Son of James Phelps and Mary (Unknown), resided in Caswell County, N.C. in the late 1700's. He is listed in the 1st Federal Census in 1790 along with his mother Mary and his brother Thomas. They are listed in the Richmond District of Caswell County, which is located at the northeast corner of Caswell. The Richmond District is bordered by Virginia to the North and the future Person County line to the East.This District also includes the future Town of Milton which was incorporated in 1796. His father James had died about five years earlier, so Mary his mother was now head of household. Reuben and his brother Thomas were old enough to be listed in the Census, but perhaps not the younger children. His Brother William was Listed in The St. Lawrence District which was just across the soon to be Person County line. William had already been deeded property by his father-in-law John Warrin in 1787. His brother Thomas would marry the very next year to Mary Pass, a daughter of Nathaniel Pass, whose property adjoined the James Phelps tract.

On September 23rd,1797, his brother Thomas Phelps of Caswell County, N.C., purchased 100 acres of land in Halifax County,Va. from John Connally of Halifax County, Va. (Deed Book 17--Pages--524,525). This property adjoined the properties of George Connally, William Wesley, William Taylor Sr. and Septimus Taylor and the said Thomas Phelps. This Deed was witnessed by Benjamin Snead, Nathaniel Pass (Thomas Phelps Father-in-Law) and Septimus Taylor. Many of these family names also appear in Caswell County Records in the Milton area, Richmond District of Caswell County.

On January 22nd, 1803, Thomas Phelps of Caswell County, N.C. sold to Reuben Phelps of Halifax County, Va., 100 acres of land in Halifax County, Va. (Deed Book 19--Page 435). This property adjoined the properties of Robert Lewis, Sarah Wesley, William Taylor Jr. and Elizabeth Taylor. There were no signed witnesses on this deed except for John Wimbish-Clerk of Halifax Co. Although the Deed states that Reuben Phelps is "of Halifax County Va.", this is the first land purchase recorded for Reuben in Halifax County Records. My assumption is that Reuben was probably living with his wife's family or relatives in Halifax until he made this purchase. His wife remains unknown at this time, she had died at the time of his Will in 1837 as he did not mention his wife in said Will. He clearly had children at this point as his son Isham, who we know from Census Records--Caswell County 1850--Isham is shown as 60 years old which would put his birth around 1790. A wife whose family was in Halifax County, Va. would make clear sense as anyone who has researched the area knows that the only thing separating Milton, N.C. and the Halifax County, Va. Line is the Dan River. Our families sometime held properties that were in Caswell Co. and Halifax Co. if the property encompassed both sides of the border. The property line was a little hazy in those days and people paid taxes in N.C. and Va. during these time periods.

On October 20th, 1813, Sarah Wesley, Shadrach Dye and Alinor his wife, William Williams and Elizabeth his wife, Sarah Wesley Jun. and Kitturah Wesley, sold 42 acres of land to Reuben Phelps of Halifax Co., Va. (Deed Book 25--Pages 227,228). This property adjoined the properties of Robert Lewis, Rueben Phelps, Shadrach Taylor, Richals Line formerly Lewis's Line. This Deed is witnessed by Shadrach Taylor, William Taylor, Alex. Kent and Isham Phelps (Son of Rueben Phelps) The Deed is signed by Sarah Wesley, Shadrach Dye, William Willamson, (spelled Williams in Body of Deed ) , Elizabeth Williamson, Sarah Wesley Jr. and Kitturah Wesley. All the signees made their marks on the deed which may explain the mispellings as Wesley is spelled Westley in some places and Williams as Williamson etc. The Wesley's and Dye's families were part of a migration to Pulaski County, Ky. which included three brothers of Rueben Phelps, namely Obediah, Larkin, and Ambrose Phelps who all married Dye sisters in Caswell Co, N.C. in the late 1700's. Again more families associated with both Caswell and Halifax..

On March 30th, 1821 in Person County, N.C., (adjacent to Halifax County Va.) Reuben Phelps is listed as a buyer at at the Estate Sale of James Hamblett . Just above Rueben Phelps' name you will see Martin Phelps. They are listed under the section of "Sums under $5.00" This Martin Phelps has always been a mystery to me which has now been cleared up. In fact he was a Son of Reuben Phelps which I will cover in greater detail later. Note the other family names that appear at this sale. Again Caswell and Halifax families--Hamlett, Stanfield, Oliver, Connally, Williams and Phelps.

To view the Post of this Estate, Copy & Paste the below Url into your browser to go to the list of the sale

http://ftp.rootsweb.com/pub/usgenweb/nc/person/wills/hamlet03.txt

Reuben Phelps named five children in his Will, Isham, Delpha, Sarah, Martha and Rachel. He in fact had at least six children. Another Son, Martin Phelps died in 1825, twelve years before Reuben made his Will in 1837. Martin Phelps brother Isham Phelps was the executor of the Estate of Martin Phelps as their was no Will to be found in Halifax County Records, yet luckily there was a record of the Estate sale (Halifax Co. Va. Will Book 14 Pages 41-45) which supplies us with information about him. Purchasers at his Estate sale held on October 25th, 1825 were, Reuben Phelps, William Brandon Sr., Daniel McDowell,Thomas Preston, Charles D. Taylor, Spencer Ball, Thomas Phelps, Isham Phelps, Salley Phelps, Thomas L. Brandon, Benjamin Hale, John P. Phelps, Nathaniel G. Kent, Hazdill Butt and Welcome Leonard? His personal property was valued at $115.45 prior to the sale. I could not find or failed to copy the totals from the proceeds of the sale.

Will. Book 14-pg.41-43

Martin Phelps Inventory--October 25th, 1825. Acct. of personal property of Martin Phelps deceased, appraised.

1 Black Heifer 6.50 Cotton, Wheat 21.50 five hogs 9.50 Two Plate Irons .75

One Rifle 15.00 five gimletts .25

One Syth and cradle 21.00 five Sitting Chairs 2.50

One Whip Saw 6.00 three guges and bottel .50

One Cross Cut Saw to half of the same 4.50 One Dining Table 1.25

One passell of files .50 Set of nives and forks 1.00 Passell of Chisels and Old Irons 1.00 bread Tray and Sifter .75

frow .50 Coffey pot and mill .75

ginter and Smuthen plain and bet 1.00 two Decanters 1.00

three seren augers .50 Tin weighters, pepper Box and Tumbler .37 1/2

ginter and two augers 1.00 Set of Cups and Saucers and Tee Spunes .75

Chop Axe and Drawing nife 1.00 Two Bouls .25

Drawing nife and round shape and chisel .50 One Dis and set of plates .25

passell of plains 1.25 Pair of Cotton Cards .75

futt adds hamer,drawing nife,two chisel 1.25 Set of puter Spoons .25

small tub .50 Bible and three Other Books 1.00

passell of water vessels 1.00 Shaving Glass and Razor .51

Two scillet and lead .87 1/2 One Pine Chest 2.00

One pot .75 Rockin Craidel and blanket 1.25

Broad Ax 2.50 One feather Bed and furniture 15.00

Two Pole Ax 1.50 Dressin Table 1.00

han saw and Tennant Saw 2.00 three tre Stands 4.50

Musket Gun 2.00 passell of hoghead stave 1.50

Iron Square 2.00 ---------------------------------------------------------- 115.45

At a Court held for Halifax County the 28th day of March 1826, The Within Written Inventort and appraisement of the Estate of Martin Phelps, Decd. was returned to Court and ordered to be recorded.

Test: Samuel Williams C.H.C.

Key people involved in the Estate sale, His Father Reuben, His Uncle Thomas Phelps, William Brandon Sr--a security with Isham Phelps to Excecute the Estate, His Brother Isham, Thomas Preston--signed Rueben's Will in 1837 and perhaps his Brother-in-Law, Salley Phelps--could be his Sister or Wife as both were named Sarah for which "Sally" was a commonly used nickname during this period. I think probably the Wife, John P. Phelps--haven't placed yet

As to my assumption that Salley Phelps was the Wife and not the Sister, Salley purchased most othe the kitchen items and household goods she might need to maintain the home. I fell that Salley Phelps was in fact Salley Preston Phelps, Sister of Thomas Preston--who signed Rueben's Will in 1837 and was a purchaser at the sale. I believe Salley Preston Phelps was the Daughter of David Preston and Rebeccah Brandon who married in Caswell County, N.C. on August 20th, 1787 (Caswell County Marraige Bonds). Rebeccah Preston in her Will (Will Book 21--Page 614 Halifax Co., Va.) of September 3rd, 1844, named a Daughter--Sally Phelps and a Son--Thomas Preston and her will was signed by Reuben M. Phelps, a named Grandson of Rueben Phelps Will. David Preston was involved in other land transactions with members of our Phelps family in Caswell Co., N.C. as well. The Brandon-Preston-Phelps family connection solves a mystery I have pursued for some time as to early deeds in Caswell County, N.C. between David Preston, Shadrach Hudson (who signed James Phelps Will), and members of Phelps family in Caswell. Brandon marraiges in Caswell show up further connections with this saga in Halifax Co., Va.

Mary Brandon Shadrach Hudson 25 Sep 1784 ---- Signed James Phelps Will, among other things.

Elizabeth Brandon Septimus Taylor 1786 ----Signed Deed for Thomas Phelps 1797 Halifax

In 1837 Rueben Phelps made his Last Will & Testament. The following is a Transcript of the Will which was not probated until 1841.

Last Will of Reuben Phelps

January 24th 1837

Halifax County, Virginia

Will Book 18 Pages 197,198,199.

In the name of God Amen. I Reuben Phelps of the County of Halifax State of Virginia being weak in body but of perfect mind and knowing that it is alloted for all men to die & feeling desirous that all my worldly affairs may be secure in peace and tranquility do hereby make this my last will and testament in manner and form following Viz.,

In the first place I will and bequeath my Soul to God who gave it to me and my body to the grave in decent burial and as concerning my worldly affairs I will and bequeath as follows,

First-- I give to my loving Son, Isham Phelps a certain parcel of land to be taken off my tract of land lying on the North side my Spring branch, beginning at the corner poplar Stump between me and William Ervin and to run up the Spring branch to a large red Oak near my spring, then a straight line to a large Mulberry on the line near Rebecca Preston's. to have and to hold during his natural life, but if he should die without a lawful heir, my will is that said land shall belong to my grand Son, Levi Phelps.

Secondly-- My will is that the balance of my land shall belong to my four daughters Viz., Delpha Phelps, Sarah Phelps, Martha Phelps and Rachel Phelps, to live upon & have during their natural life and if either of them should die without a lawful heir, the rest to have the said land and if they all should die without a lawful heir my will is that said land shall belong to my my grand Son, Reuben M. Phelps.

Thirdly-- My will is that my five children a bed & furniture apiece and that they shall have all the provisions such as Corn Meal & Wheat to live upon and all my stock of Cattle, Hogs and Sheep and two Mares.

Fourthly-- My will is that Delpha Phelps shall have a Negroe boy Hiland, during her natural life and if she should die without a lawful heir said Negroe to belong to the balance of my surviving children.

Fifthly-- My will is that my daughter Sarah Phelps shall have a Negroe girl Fanny to have during her natural life, but if she should die without a lawful heir, said Negroe to go to my surviving children.

Sixthly-- My will is that my daughter Martha Phelps shall have a Negroe boy Dennis, to have during her natural life, but if she should die without a lawful heir, said Negroe to go to my surviving children.

Seventhly-- My will is that my daughter Rachel Phelps shall have a Negroe boy Elijah, to have during her natural life, but if she should die without a lawful heir, said Negroe to go to my surviving children.

Eighthly-- My will is that my other three Negroes Viz., Lucy and her child Henry and Fanny's child Caroline, shall stay with my children on the Plantation during their natural lives.

Ninthly-- My will is that all my Working Tools shall remain on the Plantation for the benefit of my daughters during their natural lives jointly.

Tenthly-- My will is that my grand Son, Levi Phelps shall have a bay Colt that was two years old last Spring.

Eleventhly and Lastly-- my will is that after the death of all my children, that the whole of my Property that I have named in the above Will shall be equally divided between my three grand Children Viz., Nicey M. Oliver, Reuben M. Phelps and Levi Phelps.

I hereby make and appoint my loving and trusty Son, Isham Phelps, my lawful Executor to transact & settle up my estate. In witness of which I have hereunto set my my hand & Seal this the 24th day of January, A.D. 1837.

his

Rueben x Phelps {Seal}

mark

Signed Sealed & Delivered In Presence of :

Leighton Tarpley

Thomas Preston

Josiah Oliver

At a Court held for Halifax County the 22nd day of May 1837, the within written last will and testament of Reuben Phelps dec'd., was exhibited in Court & proved by the Oaths of two witnesses and ordered to be recorded.

Test: Wm. Holt CHC

At a Court held for Halifax County the 24th day of July 1841, On the Motion of Isham Phelps the Executor therein named who made Oath there to according to Law and together with John Adams & Lewis Smith, his Securities, entered into and acknowleged a bond in the penalty of $4000, conditioned according to Law certificate is granted him for obtaining Probate of the said Will in due form Examined.

Test: Wm. Holt CHC

TRANSCRIBED BY: Latham Mark Phelps

December 31st, 2005

Reuben Phelps named five children, Isham, Delpha, Sarah, Martha, Rachel and three grandchildren, Nicey M. Oliver, Rueben M. Phelps and Levi Phelps in his Will. Two of his children, Isham and Martha are of particular interest as they played significant roles in the aftermath of Rueben's death. Isham Phelps who was appointed the Executor of Reuben's will became embroiled in a lawsuit or Chancery case as estate disputes were called in Virginia, with the grandson of Rueben, Levi Phelps who was the son of Martin Phelps.

Mr. Martin at the Halifax Co., Va. Courthouse discovered a Chancery case while I was gathering documents there which held numerous "original" documents. I reviewed these documents with great excitement which contained statements from the parties involved, tax receipts, court opinions and even an old newspaper clipping about the Case. I am having Mr. Martin copy the entire file and will include it at a later date, however I did copy the document where Levi Phelps appealed to the Court and stated his case in 1849.

Halifax County Virginia Chancery Court

Case # 1849-001

Levi Phelps Vs. Isham Phelps etc.

To the honourable William Leigh, Judge of the Circuit Superior Court of Law & Chancery for the County of Halifax. Humbly complaining, showeth to your honor. your Orator Levi Phelps that his father Martin Phelps departed this life some time in the year 1825 Intestate, leaving a widow Sarah Phelps and your Orator his only child surviving him. That at the August term at the County Court of Halifax in the year aforesaid, Isham Phelps obtained letter of administration on the estate of the said decedent and in that character executed his bond with William Brandon Sen., his security to Isaac Medley, Granville Craddock, Chas. T. Harris & John K. Linn, Justices of the said County Court of Halifax, conditioned according to law for the due and faithful administration of the estate. A copy of said bond certified by the Clerk of the said County Court of Halifax is herewith exhibited as part of this bill. Your Orator charges that the said Isham Phelps has returned no Inventory of the said Estate and has rendered no account thereof ; and when applied to by your Orator (who has recently arrived at the age of twenty one years) refused to make any settlement with him and to pay over his portion of the Estate. To the end therefore that the said Isham Phelps, Adm.of Martin Phelps decd. and William Brandon Sen., his security and the said Sarah Phelps, the widow of Martin Phelps decd., may be made defendants to this bill and required to answer the several allegations thereof, that the said Isham Phelps may be required to render before the Commissioner of this Court, an account of his administration of the Estate of Martin Phelps decd. and that he the said William Brandon Sen., his security may be decreed to pay to your Orator his due proportion of the said Estate ; and that your Orator may have such other & further relief as the case may require and to Equity may seem meet : May it please your Honour to grant the Commonwealth's writ of Subpoena.

Transcribed By: Latham Mark Phelps 2005

It is curious indeed that Levi Phelps claims that Isham has provided no Inventory or Account of Martin Phelps estate, as there was an estate sale held and an inventory of his personal property, both occuring on October 25th, 1825 (Halifax Co. Va. Will Book 14 Pages 41-45). They were recorded, five months later, in Court on March 28th and March 29th of 1826. Levi even names his mother, Sarah, as a defendant in the lawsuit. Levi states that he is the only child surviving Martin Phelps in 1849. Rueben Phelps, Martin's father, named two other grandchildren in his will, Nicey M. Oliver and Reuben M. Phelps. Nicey was recorded in the 1860 Census along with her husband Josiah Oliver. Reuben M. Phelps made a Deed to Martha Phelps, daughter of Rueben Phelps Sr., on May 15th, 1850. ( Halifax Co. Va. Deed Book 53 Pages 518-519). On August 29th, 1857, Martha Phelps names Nicey M.Oliver and Reuben M. Phelps in her Will (Halifax Co.Va. Will Book 30 Pages 353,354). Clearly Nicey and Reuben M. were living in 1849, so if Levi's claim of being the "only child surviving him" is correct then Nicey and Reuben M. were children of another son or sons of the elder Reuben Phelps. Levi Phelps states that he has "recently arrived at the age of twenty one years" which would put his birthdate around 1827-1828, yet the is no date shown or mentioned as to when the deposition was written as clearly he would have to have been born prior to his father Martin Phelps death in 1825. Nicey M. Phelps married Josiah Oliver in Caswell Co. N.C. in 1834 and assuming she was approximately 20 years old at the time of her marraige, this puts her birth date around 1814. She is shown as 42 yrs. old in the 1860 Halifax Va. Census and as 50 yrs. old in the 1870 Halifax Census which gives us a range of birth from 1818-1820. Reuben M. Phelps is shown in the 1860 Census of Halifax as 38 yrs.old, which would give him a birthdate around 1822.

There is one member of the Phelps family in Caswell County, N.C. that remains unidentified. Robert Phelps left records in Caswell County in the late 1700's and then seemed to disappear from Caswell records. In a Deed on August 15th.,1849 (Halifax Co.Va.Deed Book 53 Pages 248-249) Josiah Oliver (husband of Nicey M. Phelps) deeds to Martha Phelps (daughter of Reuben Phelps Sr.) " all of my right title claim interest and demand in and to the whole of Robert Phelps deceased, which said Robert Phelps willed to my wife Nicey M. Oliver after the death of his children". Martha Phelps (daughter of Reuben Phelps Sr.) made a concentrated effort to consolidate the Estate property from many of the devisees of Reuben Phelps Sr.in the years after his death which I will cover in greater detail later. The name in the deed from Josiah Oliver to Martha Phelps is clearly spelled "Robert" Phelps with a crossed T in both instances. Although it would logically appear that this would be the Estate of "Rueben" Phelps Sr., as in his Will he stated :" Eleventhly and Lastly-- my will is that after the death of all my children, that the whole of my Property that I have named in the above Will shall be equally divided between my three grand Children Viz., Nicey M. Oliver, Reuben M. Phelps and Levi Phelps." Was this a mispelling by the Court Clerk or was it a clue to the father of Nicey M. Phelps ? We have established that Nicey and Reuben M. were certainly living in 1849 when Levi Phelps (son of Martin Phelps) claimed to be the "only child surviving him". This leaves us with the question of who were the parents of Nicey and Reuben M. ? To be named grandchildren of Reuben Phelps Sr. they had to come from a male child of Reuben as they both had Phelps as a surname.The only known male children of Reuben Sr. at this time are Martin Phelps (father of Levi Phelps) and Isham Phelps. Could they have been older children of Isham's that stayed in Halifax Co Va.and weren't mentioned in later census records of Caswell Co, N.C.

Martha Phelps, daughter of Reuben Phelps Sr., must have been a shrewd, business minded woman as she purchased her deceased father's assets from several of the Devisees of her father's Will. As you will see she seems to do this to preserve her father's assets until her death, and then to return these assets to the same people in her Will. Martha and her sister Rachel appear to have never married and are listed in later Census records living together at advanced ages with their surnames still being listed as Phelps. Martha Phelps made purchases of Property and of right, title and interest in her father Reuben Phelps Sr.'s Estate.

August 15th 1849-Halifax Deed Book 53--Page 248 1000.00 dollars from Josiah Oliver and Nicey M. Oliver. "right title and interest in Estate of (Deed says Robert Phelps, discussed above)

February 15th 1850-Halifax Deed Book 53--Page 518 1000.00 dollars from Reuben M. Phelps "right title and interest in Estate of my grandfather Reuben Phelps"

September 28th 1850-Halifax Deed Book 54--Page 10 200.00 dollars from Thomas Preston (brother in law of Martin Phelps) 50 acres of land.

Whatever her motives for preserving these segments of her father, Reuben Phelps Sr.'s estate remain to be seen, however in her Will written August 29th 1857 and Probated on January 22nd 1872, She willed these properties back to the original parties except for Thomas Preston. To Josiah Oliver and Nicey M.Oliver she lends "his interest in his brothers Robert and John Oliver's and my father Reuben Phelps estate" and "two tracts of land, one bought of Alexander Kent of 48 acres and one of Thomas Preston of 50 acres". To Reuben M. Phelps she lends " his interest in my father Reuben Phelps estate". She gives to Isham Phelps and Levi Phelps "one dollar each. To Robert P.Oliver she gives " one feather bed and furniture extra". To Fielding K. Phelps she gives "one feather bed and furniture". Finally she states "the balance of my and effects to remain with my surviving Sisters during their natural lives, and after their deaths, I acquit Josiah Oliver's heirs and Reuben M. Phelps heirs to equally divide among them all". Her will was witnessed by: Bevin M. Oliver and Calvin C. Oliver. I think she was angry with Isham and Levi Phelps over the Court Case between them. Perhaps she thought they wre making a public spectacle of her Phelps' family name and is why she only left them "one dollar each"

Now we proceed on to Isham Phelps after his move to Caswell County, N.C.

Below is 1850 record for Isham in Caswell.

Isham Phelps 60 Farmer 2000.00 married that year

Elizabeth 20 (No read or write) married that year

Sallie 13

Robert 15

Martha A. 10

James 8

Mary 7

Elizabeth 5

Thomas 4

John 6

The wife of Isham in this census record clearly could not have the mother of all of Isham's children as she is only 5 years older than the oldest child listed and with a 40 year age difference between Isham and his wife Elizabeth G. Moore, Isham certainly had a previous marraige from which these older children came from. Isham Phelps and Elizabeth G. Moore were married in Person County, N.C. on December 12th, 1849, witnessed by Ambrose and Elizabeth Jones (Person County N.C. Marraige Records). The old Phelps homeplace in Person Co., the home of Thomas H. Phelps, 1st cousin to Isham, was just across the road from the Jones family during this time. The old Phelps homeplace is at the intersection of Jones Road and Ragland Road in present day,although nothing remains of the old house, the Cemetery is cared for, some old barns still stand and the log cabin where my father was born in 1928 stubbornly remains standing.

Isham's second wife Elizabeth G. Moore was a descendant of the Pass Family. She was the daughter of Edward H. Moore and Cessily Pass, grandaughter of Nathaniel Pass Jr. and Milley Tapley, and great-granddaughter of Nathaniel Pass Sr. and Alsey McGinniss. Mary Pass who married Thomas Phelps Sr., was a daughter of Nathaniel Pass Sr. and the Great-Aunt of Elizabeth G. Moore. Because of this my 2nd Great-Grandfather, Thomas H. Phelps, was 1st cousin to both Isham Phelps and his wife Elizabeth G. Moore. In addition to this Elizabeth G. Moore's husband Edward H. Moore's Parents were Jessie Moore and Sallie Pass. Sallie Pass was the sister of Mary Pass, who married Thomas Phelps Sr. Nothing like keeping it in the family !!

In 1831 Isham Phelps of Halifax Co. Va., purchased land from Thomas Phelps Sr.of Person Co. N.C. The land was in Caswell Co. N.C. and was the former home place of Thomas Phelps Sr. as he had moved to Person Co. sometime between 1826 and 1831.

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

In 1832 Thomas Phelps Sr. sold another tract of land in Caswell Co. N.C. To his nephew Isham Phelps, perhaps his last remaining land in Caswell County as he is now living in and acquiring land in Person Co.

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

With these two land purchases Isham Phelps had established his homestead on the former homeplace of his uncle, Thomas Phelps Sr. This was 10 years before his father, Reuben Phelps, Will was probated in 1841 and 6 years after the death of his brother Martin Phelps in 1825. Isham Phelps was approx. 41 years old at the time of the 1831 Deed. Based on the 1850 Census, none of the children listed in the household had been born at the time of this Deed as the oldest child in the Census was Robert ( Robert Calvin Phelps). With Isham being 41 years old he certainly could have had older children who could have left home, married etc. before the 1850 Census. The name of his first wife remains unknown at this time and perhaps came from Halifax Co. Va. as Isham was living there when he "came of age" . Regardless, Isham was now about to or preparing to, make his home in Caswell Co. N.C. and leave Halifax Co. Va. where the rest of his immediate family lived.

Thirty years later, in 1861, Isham Phelps and his wife Elizabeth, sold the remaining property in Halifax Co. Va. to George H. Connally

January Court-1861 Halifax Co., Va.

Isham Phelps and Elizabeth Phelps to George H. Connally

Halifax Co., Va.- Deed Book 59- Page 255

December 27th, 1860

This Deed made the the twenty seventh day of December, one thousand eight hundren and sixty, between Isham Phelps and Elizabeth Phelps his wife of the County of Caswell and State of North Carolina of the one part and George H. Connally of the County of Halifax and the State of Virginia of the other part. Witnesseth for and in consideration of the Sum of Three Hundred & Fifty Dollars to them in hand paid by the said George H. Connally, doth grant bargain and sell unto the said George H. Connally, all his right title and interest to a certain Tract of Land which accrues to him by the Will of his Father, Reuben Phelps and supposed to contain One Hundred and Twenty Five Acres more or less lying in the County of Halifax and State of Virginia. The said Isham Phelps and Elizabeth Phelps his wife doth covenant and agree with the said George H. Connally to warrant a peaceful posession to the said tract of land free from the claim of all persons whatever. In witness thereof the said Isham Phelps and Elizabeth Phelps his wife hath hereunto set there hands and affix there seals the day and year above written.

Isham Phelps--{Seal}

her

Elizabeth x Phelps

mark

Halifax County to Wit ;

I, Jno. G. Brandon, a Justice of the Peace for the County aforesaid do certify that Isham Phelps whose name is signed to the writing within bearing date on the 27th day December 1860 has acknowleged the same before me in my County aforesaid. Given under my hand this 27th December 1860.

Jno. G. Brandon--J.P.

State of Virginia Halifax County to Wit ;

We, John G. Brandon and Mark M. Stanfield, Justices of the Peace for the County aforesaid do certify that Elizabeth Phelps the wife of Isham Phelps, whose names are signed to the writing within bearing date on the 27th day of December 1860 personally appeared before us in the County aforesaid and being examined by us privily and apart from her husband and having the writing aforesaid fully explained to her, She the said Elizabeth Phelps acknowledged the said writing to be her Act & Deed and declared that she had willingly Excecuted the Same and does not wish to retract it. Given under our hands this 27th day of December 1860.

Jno. G. Brandon--J.P.

Mark M. Stanfield--J.P.

Halifax Clerks Office--January 28th 1861

The within written deed was presented in the Clerks Office and upon certificates thereon endorsed admitted to record According to Law

Teste: Wm. S. Holt--C.H.C.

I will continue this saga at a later date with more on the trail of Isham Phelps and his descendants In Caswell County, N.C.

QUESTIONS THAT STILL REMAIN:

1)Who was the wife of Reuben Phelps Sr.?

2)Who was the 1st wife of Isham Phelps?

3) Who was the John P. Phelps who Purchased at the Estate Sale of Martin Phelps?

4) Who was Robert Phelps with deed records in Caswell County and Mentioned in Deed From Josiah Oliver to Martha Phelps in Halifax co., Va.?

SOURCES: Caswell County, N.C.—Will Books, Deed Books, Marriage Bonds, Census Records

Halifax County, Va.----- Will Books, Deed Books, Marriage Bonds, Census Records

Personal interviews with my Grandmother, Catherine Walker Phelps and two Great Aunts, Ruth Phelps

Monk and Kathleen Phelps Parker. Interviews with other relatives too numerous to mention

Decades of prior research, on the Phelps and their related families, beginning in the 1970’s.

Caswell County Historical Association Website and selected Newsletters

William S. Powell’s Book “When the Past Refused to Die—A History of Caswell County 1777-1977”