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James Phillips

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At this point, there is nothing to prove the line of James Phillips in Lenoir

and Craven Counties is that of Thomas and Isabella. We can only prove they did

have a son James and this James is of the right age and lived in the right area

to be their son.

 

There was at least one other James at the same time in Craven County who had

come into NC as an indentured servant. About l992, I typed up all my Phillips

information and shortly thereafter, the 'James' file on the disk was accidentally

erased. I had run a copy, but there was additional information added to the

file that I no longer have and can't remember what most of it was and where the

information came from.

 

There may have been an additional James who was connected with the Maryland

family. The name Reubin and the presence of an earlier Thomas and Reubin who are

proven to be connected with the Maryland family raise this possibility. The

names in this family are not the same as the proven lines.

 

There is no doubt this James and his children lived in the same area as Thomas

II, John, Mason, and Mark and we find a James as witness on numerous occasions

to the above brothers. Based on these facts, I have placed this James as

James, the son of Thomas, until otherwise proven wrong. In preparing these files in

September 2000 for Old Dobbers, I have serious doubts about this James being

part of this family because of the first date for a James on the Cross Indices.

 

 

James Phillip - b l2 September l734 - d after l804 md l) ? 2) between l794

and l797, Sarah Kilpatrick widow of Isler Kilpatrick. Sarah should NOT have

been the mother of any of his children as she was married to Isler Kilpatrick

for at least 40-50 years according to her testimony during the long and drawn out

legal actions between the Kilpatricks and the Phillips; however, see the

following document sent by Lenore Smith.

 

From General Assembly Session Records - Nov-Dec l797 - Box 2

 

To The Honorable General Assembly of the State of North carolina

 

The Petition of James Phillips, Jr. of the County of Lenoir humbly -- to your

Honorable body that he was the natural son of a certain Sarah Kilpatrick and

born some considerable time as your petitioner is informed before a marriage took

place between his mother and James Phillips the reputed father of your

petitioner. Your petitioner further shows to your honorable body that he has already

been called and known and transacted all his business by the above name. But

your petitioner being informed that there might possibility hereafter arise some

disspute and he be injured in his battle to property which he had already a

right hereafter acquire by that name is therefore induced to apply to your

honorable body and pray that you will pass an Act confirming him in the name which he

has heretofore born and granting him such other relief as is usual in similar

cases and your petitioner as in duty bound shall ----pray.

 

 

Indeed James Phillips Sr. did have transactions between himself and James

Phillips Jr. in the Cross Indexes. This really raises some questions. Was James

Jr. really a son of Sarah and born out of wedlock while she was married to Isler

Kilpatrick? Were they lying so James could inherit the land that was in

dispute between the Kilpatricks and the Phillips? It should be noted here that all

the sons of Isler Kilpatrick left the area for South Carolina about this time.

What a scandal! There may be more in the General Assembly papers than has been

found. Maybe additional information could be found that could shed more light

on this situation and on this family.

 

Howard Phillips sent the following:

 

l. Patent Book II - p238 - James Phillips 38 Ac - SS Great Contentnea Cr. adj

his own land and Thos. Phillips land - I have no date on this

 

NOTE: Stephen C. Phillips, grandson of Thos. and Wright Phillipss great

grandson of James had land that adj as did a Barna

 

2. Land Grant Book 27, pl27 Dobbs County - 3 March l775 - File #ll32 - l00 Ac

Grant #722 issued 3 March l775 Entry #592 - Issued l9 May l772 - location adj

John Allen and Israel Kilpatrick

Surveyed for James Phillips a Plantation containing l00 acs of land lying in

the afd County adj John Allen and Isler Killpatrick's lines beginning at a red

oak standing in the line of John Allen's land and runs no 67 poles than no 37

W. l2 poles then no 52 E l29 poles then to the first station. Plotted by a

scale l00 poles to an inch

John Allen and James Falkner - Chain Bearers

Wm Caswell. Surv

(On the platt, this is a perfect triangle)

 

Based on the Dobbs/Lenoir County Cross Indexes, James appeared to have had at

least two sons - James, Jr. and Reubin. Of course, there is no way to prove

that these two men were his sons, but it is logical. There are no records for

James in Craven as there are for John and Thomas II. It is the guess of all of us

that James was giving his two sons land. There is also a good possibility he

had at least 2 daughters, Patience and Mary.

 

 

RECORDS FOR PHILLIPS AND KILPATRICK LAND DISPUTE

 

l. The Clerk of Court in Glasgow County gives John Coward, Justice, power to

call before him Sarah Phillips concerning what she may know relative to the

controversy between William Kilpatrick and John Grainger. l8 Jan l796

2. Clerk of Craven County appointed John Holliday to take the depositions of

Samuel Moore, David Vance, James and Sarah Phillips relative to William

Kilpatrick vs John Grainger. March l798

3. Sarah Phillips, witness, examined before Jacob Lassiter, Justice of the

Peace, Greene County, in behalf of William Kilpatrick, says that in the lifetime

of Easler Kilpatrick, her former husband, perhaps 53 or 54 years past, her

former husband employed a surveyor James Varum to survey a tract of land...and they

came within sight of the house where William Kilpatrick now lives. l796

4. Dispute between the Kilpatricks and Phillips - Sarah Phillips and Mary

Phillips to come as witnesses as well as Patience Phillips. Patience said when she

was l4 or l5 she was at the house of Isler Kilpatrick (doesn't say when she was

l4 - John Varnum was surveyor and according to Sarah Phillips this was surveyed

c l745. Patience gave this statement in l800.

 

From the Elizabeth Moore Collection

NOTE: I suspect Sarah was off on the date of the survey by a number of years.

In the first place, Easley Kilpatrick did not move to Craven County until c

l75l and I suspect the land in question was concerning the land James received in

l775 which was next to Isler Kilpatrick. James Phillips would not have had any

children until at least l754 and if Patience was the oldest she would not have

been l5 until at least l769. No doubt Patience and Mary were either daughters

of James or daughters-in-law. Since James Jr.'s wife was named Mary, the

aforesaid Mary could have been James' daughter-in-law.

 

5. Defendant in James Phillips vs Easler Kilpatrick - l793-l803

6. Plantiff in John and Isler Kilpatrick vs James Phillips Sr. - l80l -l803

in this case Isler and John called themselves "brothers". Litigation began

between the families of James Phillips and Easley Kilpatrick as early as l793, when

Phillips lost a trespass case against Kilpatrick in Lenoir County. The land in

question lay south of Great Contentnea Creek near Mill Creek. Phillips claimed

a l40 Ac tract under a patent granted to Lewis Conner commonly called Col.

Dry's which overlapped a portion of the l760 grant of 400 Acs to Easley Kilpatrick.

Because litigation with Phillips over the elder Kilpatrick's 400 Ac grant

continued with John and Isler Kilpatrick as plaintiffs, it can be assumed that both

acquired rights on the controversial tract as the sons and heirs of Easley.

 

In an abstract sent by Dr. Howard Phillips from a Jury trial 20 July l804

Craven County - Minutes of Superior Court - New Bern Court. James Phillips Sr. and

James Phillips Jr. found guilty of owing John and Isler Kilpatrick money the

Phillips were fined 6 pence and 6 pence cost. It is my opinion that the James

Sr. was the son of Thomas and Isabella which would have him dying after l804. I

think the James with estate Records in Craven County in l822 was the aforesaid

James, Jr. It is entirely possible, however, that this James could have moved

away. Because of the history between the Kilpatricks and James Phillips,

probable son of Thomas and Isabella, there is little doubt this James Sr. was the

one that received the l00 Ac in l775.

 

CHILDREN OF JAMES PHILLIPS

 

l. James Phillips, Jr. - b no later than l765 - d l82l with Estate Records in

Craven County in l822. James was the son of Sarah ___ Kilpatrick. If this

James of Craven was the son of James Sr. then he moved to Craven. Up until this

point only one Phillips lived south of the Neuse and that was William and his

probable son Jacob who lived on Moseley's Creek. This is where James of Craven

lived so it is possible James was a son of William and indeed he did have a son

William. One other note, this is the only other Phillips line other than that

of Thomas, son of John and Elizabeth that the name Spencer comes down. The name

Argent comes down all the Phillips lines.

 

***A note in September 2000 - additional information indicates the land on

Moseley Creek in Craven County come down from William Phillips to Thomas and then

probably to James indicating that James of Lenoir was not the James of Craven.

 

James of Craven md Mary (Polly) whose maiden name may have been Bright

according to the Murry Phillips article in the Craven County Heritage Book. Everything

earlier in this article is incorrect. Mary could have been the Mary in the

Court Records.

 

There are estate records for this James in Craven County. Account of sale of

property of James Phillips - 4 Jan l822 - Polly Phillips, James, Rency, Crissy,

Thomas and widow Polly Phillips - filed Feb l82l - found in Clerks Loose

Papers.

 

Deed Book 37 includes a list of the living children. The estate accounts list

Thomas as a child and this Deed does not. The Deed lists Silas as a child and

the estate records do not.

 

This indenture made the l2 January l828 between William Blackledge of Lenoir

and James Phillips, Mary wife of Needham Watson, Creary Phillips, Rency Watson

wife of Irvin Watson and Silas Phillips are the chidren of the late James Watson

(this is incorrect as the document later bears out) - it later states they are

children of the late James Phillips - land on Moseley Creek in Craven County

 

a. James Phillipss III - bc l793-95 - d after l840 - md c l8l3 Catherine

Moye daughter of Marmaduke Moye

l. Spencer - bc l827

2. Elizabeth

3. Catherine - bc l832 - md Calvin A. Watson

4. Argent - bc l834

5. Edward - bc l830

6. William B - bc l836

 

There were, according to the Census Records, additional children.

 

Sheriff's sale ll May l855 - defendents were Spencer, Eliza, William B., Silas,

and Argent Phillips who had inherited from James

 

b. Mary (Polly) Phillips - md Needham Watson

c. Crissy or Creary Phillips - md William Watson

d. Rency or Pency Phillips - md Irvin Watson

e. Silas Phillips

f. Thomas Phillips

 

NOTE: Thomas was listed on one document and Silas on another - maybe his name

was Thomas Silas

 

 

2. Reubin - I had an extensive file on Reubin with possible lines which was

lost when my computer crashed several years ago. This is the Council and Wright

lines. At some point, this will have to be reconstructed and it is full of "maybe

this and maybe that". There appear to be many descendants of this lines still

in Lenoir Co today.

 

 

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