James Phillips  

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 Ja
cob 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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