Carolyn- Based on the notes below, I would recommend researching James and Thomas Whaley of Westmoreland County, Virginia, rather than Theophilus. Theophilus ========== Francis Willet said he wrote the will of Theophilus (Ezra Stiles, History of Three of the Judges of King Charles I (Hartford: Elisha Babcock, 1794), 343-4). In searching for this will, one learns that records in Rhode Island are stored at the town level. The land Theophilus lived on when he died was in East Greenwich or West Greenwich depending on the timeframe in question. Probate records in West Greenwich are not available until starting in 1741, and the will was not recorded in East Greenwich. Given the number of people who have looked for this will, I doubt it is to be found in any other towns. Postulating Theophilus as the father of a James Whaley in Virginia leads to significant difficulties. >From Stiles and from land records, it is clear Theophilus and Elizabeth had their first child in Virginia around 1670, and moved to Rhode Island around February, 1679/80, where they both died around 1715-1720. Sixty years later, Stiles interviewed a grandson of Theophilus, and also received correspondence quoting a granddaughter. He also interviewed other people who remembered Theophilus, Elizabeth, and their children. If anyone mentioned a son James, or that any of the children had returned to Virginia, Stiles did not include it in his book. Therefore, to say that a James Whaley of Virginia was a son of Theophilus, one must accept that James grew up in Rhode Island and moved back to Virginia all by himself, and one must also accept that nobody whom Stiles interviewed mentioned this. This seems like a lot to accept. As for Virginia/Maryland records, the Virginia records abstracted by Ruth and Sam Sparacio for multiple counties do not show any name overlaps between records mentioning James Whaley of Westmoreland County and deeds mentioning Theophilus in Old Rappahannock County (these counties were adjacent). The James Whaley of York County is proven by a 1694 deed to have been a son of the Thomas Whaley of Bacon's Rebellion, also of York County. The James Whaley who was transported to Maryland in 1658 was transported too early to have been a son of Theophilus. When I looked at the LDS submissions for James Whaley showing him as a son of Theophilus, I concluded they must have been submitted as guesses based on the fact that Old Rappahannock County was formed into Richmond County and Essex County when it was disestablished in 1692. James and Thomas Whaley of Westmoreland County, Virginia ======================================================== >From a website (http://homepages.rootsweb.com/~unab22/ourjames.htm), it seems other researchers have concluded your James Whaley leased land from ***Robert Carter*** at a place called Broad Run in Loudoun County, in the timeframe of 1780 (no source). Assuming this to be correct, it suggests a relationship to the Whaley men of Westmoreland County, as the Sparacio land abstracts and other sources show a Thomas Whaley and a James Whaley of Westmoreland County both had dealings with a different ***Robert Carter*** (estate, 1732) of that same county in the 1710-1730 timeframe. This Thomas Whaley and James Whaley also both had dealings with Daniel McCarty, so perhaps they were brothers/relatives. There was a James Whaley mentioned in Westmoreland County in 1691, who would logically have been their father. I have not studied these men in much detail, but the common name of Robert Carter over a distance of some 50 years and two different Virginia Counties tied with a James Whaley both times seems like a promising lead. An easily accessible mention of James Whaley in 1732 as overseer of the Robert Carter estate "Old Ordinary" in Westmoreland County is found in Edmund Berkeley, Jr., “Notes on Often-Cited Persons, Places, and Things in Robert Carter’s Diary and Letters”, <etext.virginia.edu/users/berkeley/public/Cbiodir.html>, Old Ordinary, cites "Carter Papers: An Inventory of all the S *** and Personal Property of the Hon'ble Robert Carter of the County of Lancaster, Esq., Deceased, Taken as Directed in his Last Will, vizt." Virginia Magazine of History and Biography. 6 (1898-1899): 145-152, 260-68, and 365-70; and 7 (1898-1899): 64-68. Hope this is helpful. -Bob

The two Robert Carters are father and son. The earlier being Robert "King" Carter Sr. and Robert Carter Jr. Robert "King" Carter Sr. was the wealthiest land owner in VA. -----Original Message----- From: whaley-bounces@rootsweb.com [mailto:whaley-bounces@rootsweb.com] On Behalf Of hart_bob@cox.net Sent: Monday, April 30, 2007 8:57 PM To: WHALEY-L@rootsweb.com Subject: Re: [WHALEY] Theophilus (Robert?) Whaley will/settlement? Carolyn- Based on the notes below, I would recommend researching James and Thomas Whaley of Westmoreland County, Virginia, rather than Theophilus. Theophilus ========== Francis Willet said he wrote the will of Theophilus (Ezra Stiles, History of Three of the Judges of King Charles I (Hartford: Elisha Babcock, 1794), 343-4). In searching for this will, one learns that records in Rhode Island are stored at the town level. The land Theophilus lived on when he died was in East Greenwich or West Greenwich depending on the timeframe in question. Probate records in West Greenwich are not available until starting in 1741, and the will was not recorded in East Greenwich. Given the number of people who have looked for this will, I doubt it is to be found in any other towns. Postulating Theophilus as the father of a James Whaley in Virginia leads to significant difficulties. >From Stiles and from land records, it is clear Theophilus and Elizabeth had their first child in Virginia around 1670, and moved to Rhode Island around February, 1679/80, where they both died around 1715-1720. Sixty years later, Stiles interviewed a grandson of Theophilus, and also received correspondence quoting a granddaughter. He also interviewed other people who remembered Theophilus, Elizabeth, and their children. If anyone mentioned a son James, or that any of the children had returned to Virginia, Stiles did not include it in his book. Therefore, to say that a James Whaley of Virginia was a son of Theophilus, one must accept that James grew up in Rhode Island and moved back to Virginia all by himself, and one must also accept that nobody whom Stiles interviewed mentioned this. This seems like a lot to accept. As for Virginia/Maryland records, the Virginia records abstracted by Ruth and Sam Sparacio for multiple counties do not show any name overlaps between records mentioning James Whaley of Westmoreland County and deeds mentioning Theophilus in Old Rappahannock County (these counties were adjacent). The James Whaley of York County is proven by a 1694 deed to have been a son of the Thomas Whaley of Bacon's Rebellion, also of York County. The James Whaley who was transported to Maryland in 1658 was transported too early to have been a son of Theophilus. When I looked at the LDS submissions for James Whaley showing him as a son of Theophilus, I concluded they must have been submitted as guesses based on the fact that Old Rappahannock County was formed into Richmond County and Essex County when it was disestablished in 1692. James and Thomas Whaley of Westmoreland County, Virginia ======================================================== >From a website (http://homepages.rootsweb.com/~unab22/ourjames.htm), it seems other researchers have concluded your James Whaley leased land from ***Robert Carter*** at a place called Broad Run in Loudoun County, in the timeframe of 1780 (no source). Assuming this to be correct, it suggests a relationship to the Whaley men of Westmoreland County, as the Sparacio land abstracts and other sources show a Thomas Whaley and a James Whaley of Westmoreland County both had dealings with a different ***Robert Carter*** (estate, 1732) of that same county in the 1710-1730 timeframe. This Thomas Whaley and James Whaley also both had dealings with Daniel McCarty, so perhaps they were brothers/relatives. There was a James Whaley mentioned in Westmoreland County in 1691, who would logically have been their father. I have not studied these men in much detail, but the common name of Robert Carter over a distance of some 50 years and two different Virginia Counties tied with a James Whaley both times seems like a promising lead. An easily accessible mention of James Whaley in 1732 as overseer of the Robert Carter estate "Old Ordinary" in Westmoreland County is found in Edmund Berkeley, Jr., “Notes on Often-Cited Persons, Places, and Things in Robert Carter’s Diary and Letters”, <etext.virginia.edu/users/berkeley/public/Cbiodir.html>, Old Ordinary, cites "Carter Papers: An Inventory of all the S *** and Personal Property of the Hon'ble Robert Carter of the County of Lancaster, Esq., Deceased, Taken as Directed in his Last Will, vizt." Virginia Magazine of History and Biography. 6 (1898-1899): 145-152, 260-68, and 365-70; and 7 (1898-1899): 64-68. Hope this is helpful. -Bob ------------------------------- To unsubscribe from the list, please send an email to WHALEY-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.5.467 / Virus Database: 269.6.2/781 - Release Date: 4/30/2007 9:14 AM No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.5.467 / Virus Database: 269.6.2/781 - Release Date: 4/30/2007 9:14 AM