Sunday, October 28, 2007

James Lee/Lea m. Lawrence Bankston's Daughter


James Lea of Caswell County, North Carolina

Now comes the following. an attempt to sift through rumors by using original sources to determine the most likely genealogies of the three elder James Leas of Caswell County circa 1790.

My mission is to determine which James Lea married a daughter of Lawrence Bankston as revealed in the depositions of James Lea dated 1794 and 1797 (see transcriptions below).

There are three candidates who lived on different watercourses in Caswell County within a few miles of Lawrence Bankston; these James Leas will be referred to as James Lea of County Line Creek, James Lea of Cobbs Creek, and James Lea of Kilgores Branch.

There were only three men named James Lea living in Caswell County in 1790 old enough to have been this James Lea.  One man was deceased by the summer of 1792 leaving two men named James Lea, the right age, alive and living in the right area – St. Lawrence District – the area that became Persons County today. What are we missing? 

This timeline, by The Rev. Dr. Cynthia Forde, focuses on Edgecombe County, North Carolina where Lawrence Bankston was granted fifty acres near Marlow’s Creek as headrights in 1744.  A gazetteer shows a Marlowe Creek in north central Person County, as a tributary of Story’s Creek, which flows into Hico River:   Granville County was created in 1746 from Edgecombe County, and Orange County came out of part of Granville County in 1752. Caswell and Person Counties were later formed from Orange County. 

One of two men named James Lea living in  the area of Edgecombe that became Orange, then  Caswell married Lawrence’s daughter about 1754 according a deposition in 1794: "I married Lawrence Bankston's daughter forty years ago."

1741: A Joshua Lee paid taxes in Edgecombe County, NC. Henry Lee or Lea is not Listed (Heritage Consulting Research Report, March 2006).

A Joshua Lee is located on:
http://worldconnect.rootsweb.com/cgi-bin/igm.cgi?op=GET&db=jocliett&id=I1208

1742: A John Lea paid taxes in Edgecombe County, NC. Henry Lee or Lea is not Listed (Heritage Consulting). Joshua Lee (above) had a brother, John, supposedly in the same area. See above link.

1744: Lawrence Bankston received a headright grant of fifty acres in Edgecombe County, near Marlow’s Creek:
We surmise that Lawrence’s first home in North Carolina in 1744 was right there near Marlow’s Creek in present-day Person County.

The Colonial Records of North Carolina contains the court appearance of Lawrence Bankston on November 24, 1744, when he attempted to prove his right to one hundred acres of land for bringing two persons into the colony.[1] This appears to be the earliest mention of Lawrence in North Carolina. No Leas or Lees were found in this same record.

Granville County covered a large area of north central North Carolina. Since Granville was formed out of Edgecombe County in 1746, records of that county were also searched for Leas and Lawrence Bankston. Edgecombe formed from Bertie County in 1741. Records of that county before 1741 do not show the Bankston name. A James Lee died in 1731, leaving a will. He gave property to his three sons, James, William and Robert. But because Bertie County covered a vast geographical area at that time, it cannot be assumed that this represented the ancestral Lea family. Land records of Edgecombe County show that Robert and James Lee lived on the Moratock River, and were still in Edgecombe County after the formation of Granville County. They do not appear to be related.

1744: Laurance Bankson paid taxes in Edgecombe County, NC (same as
present Person County, NC today). Henry Lee or Lea is not listed.

1747: James Lee appointed constable “from the head of Tarr River to the
County line Creek.” (Early Granville County Records).

1747-1752: Lawrence Bankston served as a justice of the county court.[2] Henry Lea, or any other Leas, could not be connected to James then.

Ca. 1753 James Lee/Lea married Lawrence Bankston’s daughter –
probably in Orange County, North Carolina (Deposition of James Lee/Lea 1793, 1794, 1797http://docs.google.com/Doc?id=df4zs446_3f6kdgq).

1750: Henry “Lee” was in another taxing district which included the Dan River area from Country Line Creek (one of James Lea of Country Line Creek’s witnesses to his will in 1771 was a Henry Lea. James Lea of CL Creek had not yet appeared in the area. This Henry shown on the 1750 tax list had two male tithables. It is possible that James was the other one.

1750-1751: Printed tax lists of Granville County show Lawrence ‘Banckson’ and James ‘Lee’ in the same taxing district in 1750 and 1751.

1751: James Lee paid taxes on someone with the surname Howell and
Lawrence paid taxes on his sons, Andrew and Peter. William and Robert Kilgore were listed in the same taxing district, suggesting that these persons lived in the Kilgore’s Branch area. Another taxing district which included the Dan River area from Country Line Creek and upwards shows a Henry ‘Lee’ in 1750.[3]

11 Nov 1756: James Talbert received a warrant for six hundred and forty acres in Orange County adjacent ‘Capt. Bankson’.[4]

17 March 1794: Deposition of James Lea in the home of Gabriel Lea stating that about forty years ago he married in the family of Laurence Bankston Sen. And that he was as well acquainted with the proceedings of the family as one might be in that case.

27 September 1794: Deposition of James Lea stated that he was very well acquainted with the said family of Bankstons because he married said Laurence Bankston’s daughter.

21 January 1797: Deposition of James Lea reiterated that he was acquainted with the family of Lawrance Bankson since he married a wife out of the family of said Bankson, my Bossom friend.

(The depositions of 1794 and 1797 are transcribed below in their entirety.)

Timeline Sources:
Ron S. Beatty: Bankston Timeline URL:
http://spreadsheets.google.com/pub?key=pNbKnKmj8jWI8yTUtpkTAQg (Original signatures and Citations have URL links in the timeline)

Heritage Consulting research reports were furnished by Raquel Lindaas, AG for the Rev. Dr. Cynthia Forde in March and April of 2006.


James Lea of Caswell County

[comes the following from the Caswell County Historical Society, by Rick Frederick

That the Bankston and Lea families were early on the scene in that part of North Carolina that became Caswell County is supported by the following excerpt from the 1810 letter to the editor written by Bartlett Yancey, Jr.:

This county was first settled about the year 1750; from that time until 1754 or 5, there were about 8 or 10 families in that part of the county, now known by the name of Caswell: A family by the name of Reynolds, and two others by the name of D[page edge worn] and Bankston were among the first settlers; not one of the family are now in county, and it is believed not one of their descendants: The Lea's, Graves', Patersons, and Kimbros came to this County about 1753, 54 and 55: they came from Orange and Culpepper in Virginia: Several hundred of there families and their descendants are now living in the County: The object of the first settlers, was to possess themselves of fertile land, and good pasture: I am told by the first settlers, that cane was so plenty, at that time, that their cattle [smudged] fat all thru winter without feeding.


While not totally relevant to the present inquiry, please note that the following:

Bartlett Yancey, Jr., states that the Graves family was one of the early settlers of Caswell County. This was the family of John Graves (1715-1792), who married Isabella Lea (1738-aft.1796). The Leas and Graves did not, however, relocated from either Orange or Culpepper in Virginia. They moved to Caswell County from Spotsylvania County, Virginia, during the 1750s (probably 1754). John Graves accumulated considerable land holdings, much of which was along Country Line Creek, which generally runs from the southwest portion of Caswell County to its northeast corner where it empties into the Dan River at Milton, North Carolina.


___________________

Set forth below are depositions given by a James Lea (also referred to as James Lea, Sr.) in connection with a dispute over certain lands apparently claimed by the Bankston family. While this dispute is interesting of itself, we are focusing here on the claim by this James Lea that he married the daughter of Lawrence Bankston. Her name is unknown. Relevant portions of the deposition have been highlighted.

Excerpts from three depositions of James Lea from 17 Mar 1794, 27 Sep 1794, and 21 Jan 1797 now follow: 

(Deposition Source:
NC State Archives
State Records A
Bankson, Laurance. Orange County
Group: Secretary of "State , Office of Granville Proprietary Land Office
Secretary, Office of the
Call No. S.108.270--S.108.283
Location MFR
Mars Id: 12.12.69.5 (folder)
Credit: Bess Antes and Grace Turner - Date: 6 Mar 2005 2:40 PM GMT


1. First James Lea Deposition (17 March 1794)

State of North Carolina
Caswell County
17 day of March 1794

In obedience to a Dismus ??? Potestatism?

From the Honorable Superior Court of Hillsborough found in October 1793 directed to take the deposition of James Lea. We have accordingly caused the said James Lea to come before us in (?) form (?) the being of Lawfully shown on the Holy Evangelist of Almighty God. Deposeth and saith,

That about forty years ago he married in the family of Laurence Bankston Sen. And that he was as well acquainted with the proceedings of the family as one might be in that case. This deponent further sayeth that he often heard Laurence Bankston Sen say that he held a claim of land lying on the south side of a larger tract of land wheron he then lived. Lying on the waters of Panther Creek now in Caswell County, but the deponent further sayeth that he don’t know that ever the said Banckston obtained any right to the said land. The deponent further saith that the said Banckston he believed died in Anson County before the war, and further saith that he never knew of any will that the said Bankston made. And this deponent further sayeth that Andrew Bankston was the Eldest son of said Laurence, he believes and heir-at law and that Peter Bankston was the second son of said Laurence and Laurance Bankston was the third son of said Laurence Sen. That Daniel Bankston was the fourth son of said Laurance and that Jacob Bankston was the fifth son of said Laurance and the youngest of his sons.

The plaintiff Ann Greer asks the deponent the following questions to wit: Do you believe that Andrew Bankston is the eldest son of Laurance Bankston Ser?
The deponent answered: “That I believe he is to the best of my knowledge.
The plaintiff asks the second question: Did you ever know of anybody laying claim to any part of parcel of the said tract of land.
Answered by the deponent, No other person but Laurence Bankston Sen and from him to the best of my knowledge.to his son Jacob Bankston and further sayeth he don’t know that there was any Right made from Laurance Bankston Sen to his son Jacob.
Question the 3rd: by the Plaintiff: Do you believe that this Andrew Bankston the Eldest son of Laurance Bankston Sen is deceased?
Answered by the Deponent: by reliable information I am informed he is, and I believe he is.
Signed: James Lea
Given under our hands and seals and sworn to and subscribed this 17 day of March 1794
Sam Johnston JP
Gabriel Lea JP
_______________

2. Second James Lea Deposition (27 September 1794)

27 September 1794:
Deposition of James Lea
State of North Carolina, Caswell County.
Directed from the Honourable Superiour Court for the District of Hillsborough, we Gabriel Lea and William Risney justice for said county have caused James Lea Sr. to appear before us at the dwelling house of said Gabriel Lea and him the said James Lea being first sworn on the Holy Evangelist of Almighty God deposeth and sayeth as follows:

The plaintiff for Ann Greer puts the first question –
“Do you believe that this deed from the Earl of Granville to Laurence Bankston bearing date the 28 Day of January 1761 and beginning at a red oak. The west side of Hico Creek thence running north 76 chains to a pine thence cropping north Hico of Painters Creek 85 chains to a white oak then ? 70 chains cropping a fork of Panther’s Creek to a black oak then (?) cropping the forks and north Hico 85 chains to the first station, covers the land of plantation whereon the aforesaid Laurance Bankston lived about thirty years ago.
This deponent answers: I do believe it does.

Question 2: How long ago do you think the said Laurence Bankston died?
To this question the deponeth answers: he believes about five or six and twenty years ago.
Question 3: Do you believe the said Bankston died without a will?
Answer: I never heard that he had one.
Question 4th: Which of the said Laurance Bankstons sons was the eldest?
Answer: Andrew Bankston was the eldest
Question 5th:Do you believe the said Andrew is dead or not?
Answer: I believe he died several years ago.
Question 6th: Was you not very well acquainted with the said family of Bankstons?
Answer: I was, I married Said Laurence Bankston’s daughter.
Signed James Lea
_______________

3. Third James Lea Deposition (21 January 1797)

Deposition of James Lee 21 January 1797

State of North Carolina
Caswell County – In obedience to a writ to us directed from the Honorable the Superiour Court of Hillsborough we have caused James Lea to come before us in the House of Nickolas Dilone at Caswell Old Courthouse; on the 21st Day of January 1797 and he being first sworn on the Holy Evangelist of Almighty God Deposeth and Sayeth –

Question 1st: Was you ever acquainted with the family of Lawrance Bankson?
Answer: Yes, for I married a wife out of the family of said Bankson my (Bossom?) friend.
Question 2nd: Who by name was the oldest son of him, the said Lawrance Bankson and heir?
Answer: Andrew Bankson was the oldest son and heir of the said Lawrance, deceased.
Question 3rd: Was the said Andrew Bankson some time an inhabitant of Hico? Answer: Yes, he lived on Lynches Creek.
Question 4th: Did he not move to the south?
Answer: yes, I understand so.
Question 5th: Do you know what the name his oldest son was called by?
Answer: I do not know whether Daniel or James.
Question 6th: Do you know anything of your own knowledge of the death of said Daniel Bankson, son of Andrew Bankson or James?
Answer: I do not.
Question 7th: How long do you suppose it to be since the death of the aforesaid Lawrance Bankson?
Answer: He died before the war.
Question 8th: Do you know any will the said Lawrance Bankson ever made of any of his property?
Answer: No, for I do believe that he never made any
Question 9th: Was not Jacob Bankston the youngest son of the family of the said Lawrance Bankson?
Answer: yes, for Andrew the oldest son (unreadable word), the next Daniel, the next Lawrance Jnr, and Jacob Bankson was the youngest son of Lawrance Bankson, deceased.
Question 10th: Did you believe that you are capable of attending the Superior Court?
Answer: No, I believe that I am not by the infirmity of old age.
Sworn before us the day and year above written, witnessed our hand and seal: Samuel Johnston, Gabriel Lea (Le) James Lee.

James Lee/Lea – Lawrence Bankston
_______________

Several men named James Lea have been considered as candidates for the person who gave the following depositions and who claims to have married a daughter of Lawrence Bankston:

1. James (Country Line) Lea. His wife was named Anne. However, this James Lea's will was proved in Caswell County Court in March 1792. In his will, which was written in 1771, he mentioned his wife, Anne, and his sons: William, John and Major. Thus, he could not have given the depositions of 1794 and 1797.

2. James (Kilgore's Branch) Lea. His wife was named Anne but he also is believed to have died before 1794:

Wilhelmina Lea, in her genealogy of the Lea family, gives the name of this James Lea's wife as "Annie" and his children as: Gabriel, William, James, Polly, Betsy and Phebe. We have found no record of his will or the estate settlement of this James Lea, but an entry in the Rose Family Bible says that "Jas Lea, brother of Captn William . . . departed this life . . . at his son W . . . at Caswell Court House . . . April 1792". In my opinion, this entry refers to James Lea of Kilgores Branch. Source: Rose-Steel Anthology, by Ben Rose (1932) at 103f.

3. James (Cobb's Creek) Lea. He apparently lived long enough to have given the subject depositions.

Based upon the 17 March 1794  around 1754 the James Lea of the deposition married a daughter of Lawrence Bankston. Assume for purposes of analysis that the James Lea was twenty-one years old when he married the Bankston daughter. This would provide a birth year for him of no later than c. 1733.
_______________


A James Lea gave one of the two depositions shown below in the home of a Gabriel Lea because he was "too old and infirm to travel" to the courthouse. This James Lea apparently lived near Gabriel Lea. And, both James Lea candidates apparently lived near each other. The principal candidates are James (Cobb's Creek) Lea and James (Kilgore's Branch) Lea. Query whether James (Cobb's Creek) Lea first married the Bankston daughter, became a widower, and then married Elizabeth Unknown. Or did James (Kilgore's Branch) Lea move to to North Carolina as a widower and marry the Bankston daughter? Until a death date can be established for James (Kilgore's Branch) Lea by reference to a reliable record, both James Leas must continue to be considered as candidates for the husband of a daughter of Lawrence Bankston.

Thus, James (Kilgore's Branch) Lea remains a candidate for the husband of the Bankston daughter even though some researchers show his death year as 1788. No primary source has been found confirming that death year. And, James (Kilgore's Branch) Lea did name a grandson Lawrence Lea (otherwise not a common Lea given name).
_______________

For much more analysis and background information go to Lea Links to Caswell County.


[1] Document 23: William L. Saunders, The Colonial Records of North Carolina, Volume IV: 1734-1752 (Wilmington, NC: Broadfoot Publishing Co., 1993).
[2] Document 22: Thomas McAdory Owen, History and Genealogies of Old Granville County, North Carolina, 1746-1800 (Greenville, SC: Southern Historical Press, 1993).
[3] Document 19: Timothy W. Rackley, Granville County, North Carolina Tax List, 1755 (privately published, no date).
[4] Document 21: Margaret M. Hofmann, The Granville District of North Carolina, 1748-1763: Abstracts of Miscellaneous Land Office Papers, Volume Five (Weldon, NC: p. p., 1995).

James Lea of Cobb's Creek



James Lea of Cobbs Creek, North Carolina
St. Lawrence District
(Most of this area ended up in eastern Person County in 1791)

The subject of this timeline has been assigned birth dates from 1737 to 1753 by various researchers; none of which are documented. It is clear from various supporting documents that he was the son of William Lea,  and the oldest or first Lea to migrate from Virginia. Every attempt to establish a specific birth date without documentation becomes problematic for historians.

1755: Tax List?  Was this James Lea of Cobb's Creek at age two years old (birthdate 1753)?  Or was this James Lea of Cobb's Creek's birth date 1733 at age 18 years??  Or is James Lea on the tax list of 1755 James Lea of Kilgore's Branch?

16 Apr 1770: Abstracts of Orange County deeds show that on April 16, 1770, James Lea sold to Francis Carney one hundred acres on both sides of Cobbs Creek, part of a larger tract that his father, William Lea, purchased from Davis Collins in 1755. John Lea witnessed this deed.

18 Oct 1771: James sold to Thomas Donilson one hundred acres on both sides of
Richland Creek of South Hico, adjacent L. Van Hook with John Lea as a witness. Richland Creek is in present-day Person County and would be part of St. Lawrence District, according to the maps.[1]

1777: James Lea paid taxes in St. Lawrence District in 1777 and 1780, along with William, Sr., Zachariah, three Johns, Richard, Barnett, Ambrose, and so forth. The Caswell County tax lists show that Andrew ‘Bankson’ paid taxes in St. Lawrence District in 1777.[2]

1779: The abstracts of Caswell County deeds show that Peter Bankston purchased one hundred and fifty acres from his father, Lawrence Bankston, on the north side of North Hico Creek in 1779. Other deeds involving Jacob Bankston and James Bankston put Lawrence’s land on Panther Creek, near Henry Fuller. Henry also gave a deposition about the Bankston's.

13 Oct 1783: James Lea mentioned as a neighbor in state land grant to Richard Escridge on Cobb Creek; also John McFarland, Thomas Wilson, and Widow Lea.

10 Nov 1784: James Lea mentioned as a neighbor in a state land grant to Richard Lea for 125 acres on Cobbs Creek

16 Jul 1785: James Lea, son of William Lea, deceased, sold to Barnett Lea 112 acres on the east side of Cobb’s Creek. James Lea witnessed. (Two James Leas)

16 Jul 1785: James Lea purchased from George Lea 268 acres on both sides of Cobbs Creek, adjacent Stafford. James Lea witnessed (two men named James Lea).

1785: St. Lawrence District, James Lea, son of William Lea, deceased, sold one
hundred and twelve acres to Barnett Lea on the east side of Cobb’s Creek. Another man named James Lea witnessed this deed. On that same day, a James Lea purchased land on Cobb’s Creek from George Lea, with the other James Lea witnessing (two men named James Lea)

1790 U.S. Federal Census St. Lawrence District, Caswell County, NC
St. Lawrence District shows James, Zachariah, two Williams, Barnett, George, Richard, Abner, and Carter Lea. Some of these same names appear in the Cobbs Creek area in the land records.

1793: James Lea of Cobb’s Creek appeared in print, abstracted deeds of Person County

1794: James Lea, Sr. paid taxes in St. Lawrence District of Person County, along with
Richard, Abner, Benn., Barnett, William, Ambrose, William, Jr., Carter, John, George, William, Sr., and Nancy Lea.

1795: The same names appear paying taxes in St. Lawrence District of Person County.

1796: James Lea of Cobb’s Creek appeared in print, abstracted deeds of Person County

1797: James Lea of Cobb’s Creek appeared in print, abstracted deeds of Person County

1800 U.S. Federal Census - James Lea of Person County, which appears to have taken in
Gloucester District was over forty-five years of age. Near him were Richard Lea, Benjamin Lea, Abner Lea, ‘Ambous’ Lea, John Lea, and George Lea.[3] This would have been the James of Kilgore’s Branch. The deeds show two James Leas in this area, with James, Sr. designated as the father of Gabriel. James, Jr. first appeared with that designation in 1784. Herndon Harralson lived in Gloucester District as well. They may have lived very near the county line, as Gabriel appeared with Caswell County’s borders in 1800. This James of the 1800 census in Person County may well be the same who gave the 1797 deposition

1802: ‘H. Haralson’ witnessed one of James’ purchases. Henry Williamson and Pulliam
Williamson, who gave depositions concerning the Bankston's, lived on Story’s Creek in 1802, which is located in the north-central part of present-day Person County.[4]

30 Oct. 1802: William Lea, Sr. of South Hico wrote a will, in which he named son,
George, and grandson, Benjamin Lea. William bequeathed something to the daughter of grandson, Benjamin Lea, suggesting that William had reached quite an advanced age to have a grown great-granddaughter. (Court and Probate Records).

Mr. Rose offers clarification on the two Benjamin Leas found in the area. In the previous research report, it was erroneously reported that only one Benjamin appeared in the records of the area. While only one appeared in the 1800 census of Person County, another man by that name lived in Caswell County then. The Benjamin of Caswell County is believed to be the son of John Lea and his wife, Winneyferd, as mentioned in the will of his father. The other Benjamin, a resident of Person County, was the son of James Lea of Cobb’s Creek, as demonstrated by his will written in 1803. Which Benjamin was intended in the will of Capt. William Lea, named as his grandson, is unclear at this point

7 Sept 1803: James Lea, Sr. wrote a will in which he named sons Richard, Abner, and
Benjamin, as well as several daughters.

1805: Tax List shows James Lea, Sr. in Capt. Sargent’s Company, with some of the same
names shown in the 1794 and 1795 lists. These included George, Richard, Ben, William, Barnett, Carter, and Abner. He is likely the same man who wrote his will on September 7, 1803, in which he named sons Richard, Abner, and Benjamin, as well as several daughters.[5]

1807: Printed, abstracted deeds of Person County show that James Lea of Cobb’s Creek
in Capt. Sargent’s Company, with some of the same names shown in the 1794 and 1795 lists. These included George, Richard, Ben, William, Barnett, Carter, and Abner. He is likely the same man who wrote his will on September 7, 1803, in which he named sons Richard, Abner, and Benjamin, as well as several daughters.[6] The 1800 census of Person County shows a James Lea, over forty-five, near Richard, Benjamin, and Abner. It appears that James, Sr. was the son of William, Sr., since James named a son, Benjamin, in his will, and William named a grandson, Benjamin in his will. If this James were the same who married a Bankston girl around 1750, as indicated in the deposition, then William would have been about one hundred years old at the time of his death. Although William’s will does not mention James as one of his sons, George Lea served as executor of James’ estate, and George was the son of William. It appears that James chose his brother to serve as an executor, a logical choice.

Bef. 1816: Death of James Lea of Cobb’s Creek; he named his wife, Elizabeth, in his
will. Ben Rose “guessed” that her father was Capt. William Lea.

A county history of Caswell County does not offer much about the Lea family. But a vague description of the taxing and militia districts is given, with the eastern part of the county containing St. Lawrence District, and the western part including Richmond and Gloucester Districts.[7] The eastern half of the county would become Person County in 1791.

Another Person County source, pertaining to land and tax records, shows a map of the various militia and taxing districts of Orange County, as it existed in 1774. Caswell consisted of St. Martin’s, St. David’s, Richmond and Glouster (Gloucester) Districts, while Person took in St. Lawrence, Dunsmore (Nash), St. Luke’s, and St. James Districts.

The Bankston family lived in the area of Panther Creek and Lynch’s Creek, found in the southeast part of Caswell County, as tributaries of North Hico Creek. The Caswell County tax lists show that Andrew ‘Bankson’ paid taxes in St. Lawrence District in 1777.[8] The abstracts of Caswell County deeds show that Peter Bankston purchased one hundred and fifty acres from his father, Lawrence Bankston, on the north side of North Hico Creek in 1779. Other deeds involving Jacob Bankston and James Bankston put Lawrence’s land on Panther Creek, near Henry Fuller. Henry also gave a deposition about the Bankston's

(Sources: Raquel Lindaas, AG, Heritage Consulting, Inc., Salt Lake City, UT 2005
Research report for and by Rev. Cynthia Forde)

Was this JL Cobbs Creek? 
16 March 1784 - A power of attorney was drawn by a man named James Lea to obtain 25 acres of property left to him by his father, William Lea. [Researchers differ on which James Lea signed this power of attorney. Phelps and James Lea KB were attorneys and clients.  Ben Rose believed this to be James Lea of Cobb's Creek.  

"Book B, Page 36, Caswell County Records. State of North Carolina --
"Know all men by these presents that I James Lea [the son and heir of William Lea, decd] of the County of Caswell, have constituted, made and appointed my true and trusty friend Thomas Phelps of the County and State aforesaid, my true and lawful attorney for me, my name and stead, to ask, demand, sue for in law, so as to obtain and good, lawful, right and title to a certain tract of parcel of land lying in King and Queen County in the Commonwealth of Virginia, containing 25 acres on the waters of Matiponi River, lying near Madison's Mill, which said land fall to me by the line of heirship, and upon receipt of recovery of such land as aforesaid, I do hereby impower him to contract, make sale and dispose of said land, and sign, seal and execute lawfully to any person whatsoever a good and authentic deed of conveyance in fee simple and also all and everything needful and necessary whatever to be done touching the above premises, I do include and perform as fully largely and amply to all intents and purposes as myself might or could do if I was personally present. In witness whereof, I have hereto set my hand and seal this the 16th day of March Anno Dom. 1784. In the year of American Independence.”
"Signed, sealed, and delivered in presence of H. Haralson, Jurate, William Lea, James Lea. The above letter of attorney was duly proved in open court by the oath of Herndon Haralson, one of the witnesses thereto, and ordered to be recorded. A. C. Murphy, C. C."
An abstract of this power of attorney refers to 35 acres:
Caswell County, North Carolina
Court of Pleas and Quarter Sessions
March Court 1784
Will Book B, Page 36

“Letter of Attorney: James Lea [the son and heir of William Lea, decd.] of Caswell County to Thomas Phelps of the same county to "ask, demand, sue for as to obtain lawful title to a 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 County North Carolina Will Books 1777-1814, 1784 Tax List and Guardians' Accounts 1794-1819, Katharine Kerr Kendall [1979] at 14.
Will and Name Source, The Rev. Dr. Cynthia Forde, Monday, March 13, 2006,
February Court 181679 James Lea - Will - dated 7 Sept 1803. Sons Abner, Richard, and Benjamin; daughters: Naomah Setterfield, Frankey Lea, Nicey Chandler, and Annis Lea.Exec. George Lea, John McFarland. wit. John McFarland, Geor. Lea, Richard Eskeridge.

 "The following is from Report of Research on the Lea Family in Virginia & North Carolina Before 1800, Ben L. Rose (1984) at 123-124:
James Lea of Cobbs Creek & South Hico. We can identify this James Lea when, on Apr 16, 1770, he signed a deed to Francis Carney for 100 acres "on both sides of Cobbs Creek, being part of a larger tract that the said James Lea's father, named William Lea, purchased of Denis Collins by a deed bearing date June 7, 1775". This James Lea, as we see by this deed, was the son of William Lea who was quite probably "William Lea of Cobbs Creek" and who was dead in 1762. In a deed dated Jul 16, 1785, by which he sold 268 acres "on both sides of Cobb Creek" to George Lea, he identified himself as "James Lea, son of William Lea dec'd". On the same date in another deed, by which he sold 112 acres "on the east side of Cobb Creek" to Barnett Lea, he described himself in the same manner (as "son of William Lea dec'd"). Because of this self-identification, I believe that this is the James Lea who, in 1784, entered into the records of Caswell Co a Letter of Attorney in which he also described himself as "James Lea, son & heir of William Lea, dec'd, of Caswell Co" and in which letter he empowered Thomas Phelps of Caswell Co to sue for title to "a certain tract of land lying in King & Queen Co Va, containing 25 acres on the waters of Mattaponi River, lying near Maddison Mill . . . which land fell to me by the line of heirship." After selling his land on Cobbs Creek, this James Lea apparently moved to South Hico where he purchased land in Aug 1789 and where he lived until his death. His will, written in Sep 1803 and proved in Feb 1816 in Person Co, names his seven children: Abner, Richard, Benjamim, Naamah, Frankey, Nicey and Anness, but does not mention his wife. It is my guess that this James Lea married Elizabeth Lea, daughter of Capt. William Lea, and that she died between Oct 1802, when Capt Lea wrote his will, and Sep 1803, when James Lea wrote his will. This James Lea does not appear in Virginia records, either because he was born after his father moved to North Carolina or because, when he lived in Virginia, he was quite young."

Father: William "of Cobbs Creek" LEA b: ABT 1714 Mother: Mary "Polly" BARNETT b: AFT 1712 in , , VAMarriage 1 Elizabeth birth and marriage date undocumented
Children
Abner LEA b: AFT 1750 in Orange Co, later, Person Co., NC
Richard LEA b: AFT 1750 in Orange Co, later, Person Co., NC
Benjamin LEA b: AFT 1750 in Orange Co, later, Person Co., NC
Frances "Frankey" LEA b: AFT 1750 in Orange Co, later, Person Co., NC
Naomah (Naamah NAOMI) Lea b: AFT 1750
Eunice "Nicey" LEA b: AFT 1750 in Orange Co, later, Person Co., NC
Anness (Annis) LEA b: AFT 1750 in Orange Co, later, Person Co., NC


William Lea of Cobb’s Creek, d. bef. 1762, was the father of James Lea of Cobb’s Creek
William Lea of Cobb’s Creek replaced Lawrence Bankston as commissioner of Roads (Early Granville County Records).

*The exact number and names of all of William Lea’s children is not known.

* He was the father of Zachariah Lea (who had a daughter Mary Bangston – named in Zachariah’s will).

* There is a possibility that he was the father of the early Henry Lea/Lee found in the early records of Edgecombe County, NC who may have been the same who witnessed James Lea of Country Line Creek’s will – and in his own will named “James Lea, my brother-in-law (Source: Wills in Caswell County. (Copy of Will) 1774, LEA, HENRY, Elizabeth, Francis).

Source: "The Heritage of Caswell County North Carolina 1985", Jeannine D. Whitlow, Editor, published by the Caswell County Historical Association [PO Box 278, Yanceyville, NC 27379] in cooperation with the Hunter Publishing Co., 1985, Winston-Salem, NC; page 355, 
Article #444 on William Lea Family by Katherine Kerr Kendall.This article provided or verified some of the descendant's information recorded here, and the following quotation."One of the first Leas in the Orange-Caswell area was William Lea of Cobb's Creek. He had purchased tracts of land on Cobb's Creek on both sides from Dennis Collins on June 7, 1755. In 1771 from Orange Co. deeds James Lea, his son, sold 100 acres to Francis Carney and described it as being part of the land bought by his father William Lea. Cobbs Creek is near Leasburg. In 1757 William Lea was a Justice of the Peace in Orange Co., served on the orphan's court in 1758, commissioner of a road in 1758, replacing Lawrence Bankston and later William Armstrong. William Lea died in 1762 intestate. A book of administrations of Orange Co. shows Mary and John Lea were co-administrators of his estate. At the estate sale Mary Lea purchased most of the personal effects.""The widow, Mary Lea, survived her husband for over 20 years. She may have been his second wife. Dr. A. E. Casey projects her maiden name was Barnett. Mary Lea died testate before April 1785 naming in her will daughter Sarah Runnels (Reynolds), son George Lea and "all her children". Executors were James Lea and son George Lea. Her son George qualified. Mary Lea appears on the 1777 tax list of Caswell Co., and valued her assets at over 900 pounds. On 1780-82 tax lists they are together, George and Mary Lea listing 268 acres of Cobb's Creek. By 1784 with her demise George Lea lists the 268 acres and 4 black polls. George Lea remains on the tax lists on Cobb's Creek with the same acreage. On Feb. 24, 1785 he married Jane Douglas, saw service in the Revolutionary War, was first a Captain and later Colonel in the NC Militia. Although he lived most of his life in Person Co. and served in the NC General Assembly from Person Co., his will was probated in Caswell Co. at April Court, 1830. He probably owned land in both counties. His deceased daughter Mary Logan Lea had married John Johnston on January 8, 1806, having children Jennett Logan and Sally Stanfield. George Lea's son William Archer married Susan Cochran."
[1] Document 16: William D. Bennett, Orange County Records, Vol. III, Deed Book 3 Abstracts (Raleigh: p. p., 1990).
[2] Document 17: Caswell County, North Carolina Tax Lists, 1777, 1780, & 1784 (Miami Beach, FL: TLC Genealogy, 1990).
[3] Document 7: Heritagequestonline.com, U. S. Federal Census 1800, Person NC, p. 310.
[4] Document 12: Katharine Kerr Kendall, Person County, North Carolina Deed Books 1792-1825 (Baltimore: Clearfield Co., 1993).
[5] Document 13: Katharine Kerr Kendall, Person County, North Carolina Compilations: Land Grants, 1794, 1805, 1823 Tax Lists, Record Books Abstracts, 1792-1820, Letters of Attorney (Raleigh: p. p., 1982).
[6] Document 13: Katharine Kerr Kendall, Person County, North Carolina Compilations: Land Grants, 1794, 1805, 1823 Tax Lists, Record Books Abstracts, 1792-1820, Letters of Attorney (Raleigh: p. p., 1982).
[7] Document 11: William S. Powell, When the Past Refused to Die: A History of Caswell County, North Carolina, 1777-1977 (Durham, NC: Moore Publishing Co., 1977).
[8] Document 17: Caswell County, North Carolina Tax Lists, 1777, 1780, & 1784 (Miami Beach, FL: TLC Genealogy, 1990).

James Lea of Country Line Creek


James Lea of Country Line Creek

Research by Spiritsouth and Raquel Lindaas, Heritage Communications
Salt Lake City, UT
26 October 2007

RWS James Lea of Country Line Creek and his wife Anne (possibly Herndon). The source for using the name Herndon is  N.S.D.A.R.).  James and Anne Lea were my sixth great grandparents through their daughter Adelphia Lea Henderson (RWS Joseph Henderson). Documentation from the N.S.D.A.R. is posted at the end of this page.


There is NO documentation for the parentage of this James  Lea.  YDNA offers no clues. 


James Lea of Country Line Creek
Richmond District
Timeline

Birth: 1707-1718, St. Stephen's Parish, King and Queen County, Virginia (N.S.D.A.R)

The work of Albert Casey has created a genealogical nightmare by assigning Col. William Leigh of New Kent County, VA as a progenitor of James Lea of Country Line Creek.  The Jamestowne Society will no longer accept any Lees or Leas as descendants of the Leighs because the records do not support the relationship.  There are no records proving parentage for James Lea County Line.  

While the parents of this James Lea are unknown, the discovery of a baptismal record for Frances Major, daughter of George Major is important. Long-held tradition and naming patterns suggest James Lea's mother had a maiden name of Major.

Nov. 1741: Grand Jury: Edward HERNDON was foreman of the November 1741 Grand Jury, one of whose members was a James Lea (Source: Dr. John Herndon, Herndon Family History, privately published 1947).   This citation does not constitute proof that Anne's father was Edward Herndon although tradition holds this to be the case.  The names of Edward Herndon's children by his first wife are unknown. Anne was born during the time Edward's first wife was bearing children and not during the time of his second marriage.   Edward married a second time to Ms. Leftwich and had one daughter whose name was not Anne. Additionally, because of great confusion, some books and internet sources gave her maiden name as Talbot or Talburt which is a possible maiden name of the wife of James Lea of Kilgore's Branch and NOT James Lea Country Line.



 – From Ben Rose’s book, P. 125, Mr. Rose notes: "I conclude that James Lea of Country Line Creek was the same person as James Lea, planter, of King & Queen Co and Spotsylvania Co Virginia. The Revolutionary War pension claim of Major Lea, son of James Lea of Country Line Creek (in which Major Lea declared that he was born in Spotsylvania Co Virginia in 1742), places James Lea of Country Line Creek in Spotsylvania Co Virginia in 1742. He was the first James Lea to leave Spotsylvania Co and the first to settle in Orange Co North Carolina. There was another James Lea in Spotsylvania Co Virginia when James Lea of Country Line Creek left there around 1751 or 1752. 


__Author's Note:  I conclude that James Lea of Country Line Creek was not the orphan son (under age 14)  of John Lea deceased and Ann Lea of Spotsylvania County in 1731.  The orphan James Lea would have been a maximum of 24 years old in 1742 when Major Lea was born to James Lea of Country Line Creek and into a household with older siblings.   No one knows whether that orphan James Lea and his brothers were James, William, and John who moved to North Carolina.  They could have been William, James, and John who moved to Orange County, Virginia in 1752.

3 March 1752: James Lea of Country Line Creek entered a claim for six hundred acres of land in that area on March 3, 1752. This does not prove that he resided there, as it was possible for land entries to be obtained by persons living in another state.

Sept 1752: Court records of Orange County, North Carolina show that in September 1752, Edward Ball, a sixteen-year-old orphan, was bound to James Lea. This action would require James’ physical presence, and demonstrates beyond a doubt that he had moved to the area by 1752. The significance of this is that another James Lea still appeared in the records of Spotsylvania County after that date. This area became the Richmond District of Caswell County, NC

19 Feb. 1754: Lea, James No. 01263
Orange County 640 acres
On both sides of Country Line Creek
Lord Granville Grant to Richard Harper Issued 3 November 1753
Transfer of Land Warrant by Robert Harper to James Lea by Deed Feb 19, 1754

1755: James Lea appears on the Tax List of Orange County.  When John Graves was granted 396 acres in 1762, the tract he received was described as "on Country Line Creek adjacent to the lines of James Lea and Dobbins".

12 Nov 1756: p. 4 - Lea, James File No. 800
Orange County 520 acres
Both sides of Country Line Creek
Grant No. 195 Issued 12 November 1756

13 Aug 1761: Major Lea surveyed 135 acres for Gideon Hogg on Greens Creek of Dan River.


1773: The difficulty of identification of what this James Lea did is borne in upon us when we consider that in 1773 when the petition for the creation of Caswell County (or more literally for the division of Orange County) was circulated the Lea signers included Edmund, Elliot, Garnett, Henry, four named James, Major, Thomas, William and William, Jr., and Zachariah Lea. One of these was, it is reasonable to assume, the James Lea of this sketch.

9 March 1778: Capt. William Lea entered six hundred and thirty acres on County Line Creek, Richmond District, bordering James Lea, Sr., and two men named Sanders and Norton.

17 Dec 1779: James Lea is mentioned as a neighbor in a state land grant to William Lea for 630 acres on both sides of Country Line Creek; also Will Sanders, Prowell, William Holderness, and Joseph Peterson.

20 Dec 1779: Widow Lea mentioned as a neighbor in state land grant to Thomas Wilson on North Hico, also Robert McFarland, Samuel Johnston.

29 Oct 1782: James Lea and William Lea mentioned as neighbors in state land grant to John Peterson; also Holderness, Joseph Peterson, William Moore.

13 Aug 1789: James Lea mentioned as a neighbor in John Lea’s sale of 158 acres to Charnel Hightower on Country Line Creek; also Thomas Lea, Harralson. Major Lea witnessed.

1790 U.S. Federal Census Richmond District, Caswell County, NC
James, Major, three Johns, and William Lea, indicating that this district included the Country Line Creek area. (In 1800, a younger James ‘Lee’, between twenty-six and forty-five years of age, lived near John and Capt. John Lea in Caswell County, in the area of Richmond District.[1] Since James’ 1771 will did not name a son named James, the identity of this man is not clear.)

23 March 1792: James (Country Line) Lea's will was proved in Caswell Co court in Mar 1792. In his will, which was written in 1771, he left to his son, Major, "the land and plantation whereon I now live". In it, he names his 'well-loved sons William Lea and John Lea and Major Lea, my executors'; ..." Item, I give and bequeath to my true and well-loved Wife Ann Lea all my whole estate during her life or widowhood and after her death, I give and bequeath to my son Major Lea the land and Plantation whereon I now Live and two Cows and one yearling and one gilding and one Mare and his Choice of all the Negroes that is or may be at his mother's death and one feather bed and furniture and furthermore the said Major Lea is to have his equal [equal] part with the rest of my Children exclusive of what is above mentioned & the whole of the remaining part of my Estate to be equally divided among all my children. [Signed] James Lea. Wit: Thos Campbell and Henry Lea.'

There is an accounting filed for settlement of the estate. The accounting was filed in April Court. the term, 1796 and lists the following as recipients of the estate: Luke Lea, Joseph Henderson, Will Lea, Joseph Peterson, Isabella Graves, Paul Haralson, John Lea, and Major Lea.

The will was proved in court on a deposition by Capt. William Lea in which he declared that he saw the testator sign the will and that the will had been in his possession since then. In April 1796 the court admitted recording an accounting of James Lea's estate, in which his heirs are shown as: Luke Lea, Joseph Henderson, Will Lea, Joseph Paterson, Isabella Graves, John Lea, Major Lea, and Paul Haralson. We Learn from other sources that Joseph Henderson had married James Lea's daughter Delphia, that Joseph Paterson or Peterson had married daughter Lucinda, that Isabella Graves was his daughter who married John Graves, and Paul Haralson had married his daughter Nancy. (Reference: Graves, Twelve Generations, by Louise Graves, Addendum No. 1, p. 6).

The original will of James Lea, dated March 18, 1771, is in the Department of Archives and History, Raleigh, North Carolina, filed "Caswell County Estate Papers, 1776-1864, Vol 1, p. 59, Folio 1. James Lea." In this will he names his wife Anne Lea. Sons William Lea, John Lea, and Major Lea are appointed executors. A photocopy was made by Cynthia Forde-Beatty Nov 2011. 

The execution of the will of James Lea proved by the testimony of William Lea:
Testimony of Wm. Lea, March 23, 1792, is that he wrote the will of James Lea, that he witnessed the signatures of Thomas Camp and Henry Lea; and that he had kept the aforesaid will or testament in his possession until the death of the testator and that no alterations had been made.
[Original in the same file as mentioned above: "Caswell County Estate Papers, 1776-1864, Vol. I, p. 59, Folio 1, James Lea".

N.S.D.A.R. Patriot Index for James Lea, Sr (aka James "Country Line" Lea:
LEA, JAMES SR
Ancestor #: A067574
Service:
NORTH CAROLINA Rank(s): CIVIL SERVICE, PATRIOTIC SERVICE
Birth:
(ANTE) 1718 VIRGINIA
Death:
(ANTE) 3-23-1792 CASWELL CO NORTH CAROLINA
Service Source:
KENDALL, CASWELL CO 1777-1877, HIST ABSTS OF MINS OF CASWELL CO, NC, P 2; NC REV WAR PAY VOUCHERS, ROLL #S.115.106
Service Description:
1) OVERSEER OF ROADS; GRAND JUROR; FURNISHED SUPPLIES
Comments (Overview )
1) HEIRS IN WILL & ESTATE DIST: 4 NAMED SONS;
2) 1 NAMED MARRIED DAU; 3 NAMED SONS-IN-LAW (WIVES' NAMES NOT GIVEN)
3) WIFE'S MAIDEN NAME IS NOT TALBERT (OR VARIATIONS)
4) MOST PREVIOUS APPS BASED ON FAULTY FAMILY GENEALOGIES
5) SEE DATACF - LEA, JAMES (A 1718) T 2/8/2006

Other sources: Research of Cynthia Forde and Research Report for her from Raquel Lindaas, AG, Heritage Consulting, Salt Lake City, UT

[1] Document 5: Heritagequestonline.com, U. S. Federal Census 1800, Caswell NC, p. 109.