SEVENTH GENERATION


64. PHILLIP KIRBY was born about 1765 in PITTSYLVANIA CO.VA. ?. He died on 11 Jun 1853 in ASHE CO, N. C.. NOTE: Some of the following information may be incorrect. It appears that Phillip Kirby had three or more wives. I am continuing to research this possibility. (RKK)

BIO:ON JULY 28, 1785, PHILLIP KIRBY MD. JERIAH POTTER IN PITTSYLVANIA CO.
VA. THE SURRY CO., N. C. TAX LIST FOR 1789 SHOWS PHILLIP PRESENT IN
CAPT. EDWARDS DIST.(ELKIN SECTION OF SURRY) OWNING NO LAND. ON SEPT 1
1931, JUDGE R. L. KIRBY OF INDEPENDENCE, VA, ANSWERED MR. J. Q. KIRBY
OF BOWLING GREEN, KY. ADVISING HIM THAT THE JUDGES GRANDFATHER JOEL
KIRBY,HAD 2 BROTHERS JESSE AND SAMUEL AND HAD 2 SISTERS, ONE WHO MD
A HIGGINS AND ONE WHO MD A LOWE (THIS WRONG, SHE MD. A HODGES AND
SAMUEL MD A LOWE), BUT HE SAID THEY CAME UP FROM AROUND ELKIN, N. C.
THE 1790 CENSUS PLACES PHILLIP IN SURRY CO. AS 1 MALE OVER 16
AND 2 MALES UNDER 16 WITH NO FEMALES-THIS IMPLIES THAT HIS 1st WIFE
HAD DIED. THESE SONS APPARENTLY SHOW UP IN THE 1820 CENSUS, ALONG WITH
2 OTHERS, PROBABLY SAMUEL AND JESSE, IN THE 1820 SURRY CENSUS. DUE TO
CIRCUMSTANTIAL EVIDENCE, I BELIEVE PHILLIPS FATHER WAS JOSIAH. JOSIAH
HAD APPARENTLY MOVED TO BURKE CO. AS HE WAS NOT IN THE 1820 SURRY
CENSUS, BUT ONE JOSIAH SHOWS UP IN BURKE CO. COULD BE ONE OF PHILLIPS
OLDER SONS AS THE OLD JOSIAH MAY HAVE DIED. AS OF SEPT 1991 I HAVE NOT
BEEN TO BURKE. THEY HOWEVER DID NOT SHARE IN PHILLIPS 1849 DIVISION OF
LAND REFERRED TO BELOW. THE 1790 CENSUS NAMES PHILLIP KIRBY AND JOSIAH
KIRBY AS FAMILY 183. THIS IMPLIES THEY ARE FATHER AND SON, BOTH
MARRIED, WITH FAMILIES. PHILLIP BOUGHT 100 ACRES FROM JOSIAH OCT 13,
1793 SURRY DEED BOOK F, PAGES 113-114 FOR 500 POUNDS CURRENT MONEY OF
NORTH CAROLINA. THE LAND LAY ON BOTH SIDES FISH RIVER HERE IS THE
FURTHER FACT THAT JOSIAH OWNED 1600 ACRES IN PITTSYLVANIA COUNTY
VIRGINIA AT ABOUT THE TIME PHILLIP WAS BORN. I AM USING
THESE,ADMITTEDLY WEAK, CONNECTIONS TO ESTABLISH PHILLIPS FATHER. SEE
ALSO JOSIAH'S BIOGRAPHY FOR FURTHER DETAILS. SAMUEL WAS BORN IN 1800,
JESSE WAS BORN IN 1802, SALLY KIRBY HODGES WAS BORN IN 1803, JOEL WAS
BORN 1804 AND JUDA KIRBY HIGGINS MAY BE THE OLDEST.
ONLY THESE 5 CHILDREN SHOW UP IN THE DIVISION OF PHILLIPS LAND.
PHILLIPS SECOND WIFE IS VARIOUSLY IDENTIFIED AS LITHEY AND AS LITHA IN
A VIRGINIA DEED FROM PHILLIP AND LITHA (AS SIGNED) SEE BELOW; AND AS
TABITHA, IN THE 1850 CENSUS, LIVING WITH HER DAUGHTER SARAH HODGES. IN
AN MARCH 3, 1829 GRAYSON CO., VA, DEED , PAGE 3, DEED BOOK
6, THE CLERK WRITING THE DEED CALLED HER LITHEY AND LITHA ON THE SAME
PAGE, BOTH TIMES REFERRING TO HER AS PHILLIPS WIFE. SHE SIGNED THE
DEED AS LITHA KIRBY. THEY SOLD THIS LAND TO BENNETT RECTOR, # 673 WHO
WAS ONE OF MY G. G. G. GRANDFATHERS ON MY FATHERS-MOTHER'S SIDE. THIS
1829 DEED WAS THE LAST LAND TRANSACTION I FOUND OF PHILLIPS'S. THIS
LAND WAS JUST NORTH OF THE VA. LINE ON LITTLE RIVER. MY MOTHER WAS
NAMED LITHA BUT SHE TOLD ME THAT SHE WAS NAMED AFTER AN AUNT WHOSE
FULL NAME WAS TALITHA. I SUSPECT THAT THE PENMANSHIP OF THE CENSUS
TAKER TURNED TALITHA INTO TABITHA. I THEREFORE BELIEVE HER NAME WAS
TALITHA.
. SURRY DEED BOOK L, PAGE 180, 10/7/1795,
BENJAMIN POTTER SELLS 100 ACRES ON FISH RIVER TO PHILLIP.
14TH OCT, 1804 SURRY DEED BOOK L PAGE 182/3 RICHARD HUDSON SELLS
50 ACRES ON BIG REEDY FORK OF MITCHELL RIVER TO PHILLIP.
28 TH OCT 1811, PHILLIP KERBY SELLS LAND TO STEPHEN POTTER. BOOK
U, PAGE 16.
28 OCT 1811, BOOK U PAGE 17, PHILLIP SELLS 100 AC. TO STEPHEN
POTTER ON MITCHELS RIVER.
28 OCT 1811, BOOK U PAGE 17 AND 18 , PHILLIP SELLS 116 1/2 AC TO
ELIJAH THOMPSON LYING ON MITCHELLS RIVER.
28 OCT 1811 SURRY BOOK U PAGE 26, PHILLIP SELLS 100 AC TO
STEPHEN POTTER ON MITCHELLS RIVER. ( I WONDER IF BENJAMIN AND STEPHEN
POTTER ARE HIS INLAWS FROM HIS FIRST MARRIAGE ?)
18 AUG 1814, ASHE COUNTY BOOK C PAGE 357, PHILLIP BUYS 400 AC
FROM MERIDITH BALLOW. THE CALLS PUT THIS LAND ON THE WATERS OF THE
CRAB CREEK FORK OF LITTLE RIVER AND THE NORTH LINE IS THE VA-N.C.LINE
THIS FITS THE DESCRIPTION OF MY GREAT GRANDPA'S HOME PLACE, ALTHO
PHILLIP SOLD OFF SOME IN LATER DEEDS AND HIS SON JESSE BOUGHT SOME OF
THIS BACK LATER.
28 DEC,1814 PHILLIP BUYS 192 AC FROM WILLIAM CONNERLY, GRAYSON CO.
DEED BOOK 3, PAGE 235. THIS IS LAND HE SOLD TO BENNETT RECTOR IN
1829.
APRIL 8, 1823, PHILLIP KIRBY SELLS 100 AC. TO HIS SON JESSE
BOUNDED ON THE NORTH BY VA, STATE LINE.(ASHE CO. DEED BOOK R, PAGE 24
ASHE CO DEED BOOK----PAGE 318 FEB 1, 1828 PHILLIP KIRBY SELLS
TO WILLIAM HODGES 150 AC. ON GLADE FORK OF CRAB CREEK AND VA. LINE.
FEB 19, 1828, PHILLIP KIRBY SELLS TO WILLIAM HODGES 200 AC ON WATERS
OF CRAB FORK OF LITTLE RIVER. PHILLIP APPARENTLY DIED SHORTLY BEFORE
MARCH 10,1849.
ON MARCH 10, 1849, ALLEGHANY COUNTY DEED BOOK A PAGE 389,
JOEL KIRBY, LINVILLE HIGGINS AND HIS WIFE JUDA (KIRBY), GILES HODGES
AND WIFE SALLY (KIRBY) HODGES, ALL OF ONE PART AND JESSE KIRBY OF THE
OTHER PART, SAID HEIRS SELL TO JESSE KIRBY 20 ACRES THEY HEIRED FROM
PHILLIP. THIS LAND WAS ON THE WATERS OF CRAB FORK OF LITTLE RIVER.
NOTE THAT THIS WAS FILED IN ALLEGHANY CO. AS THE PROPERTY WAS IN THE
NEWLY FORMED COUNTY.
ON THE SAME DATE, MARCH 10, 1849, ASHE COUNTY BOOK S, PAGE 480/481
UNDER THE HEADING, "JESSE KIRBY AND OTHERS"----SAMUEL KIRBY. JUDA
HIGGINS, JOEL KIRBY, GILES HODGES AND SALLY HODGES DO SELL TO ISAAC
HIGGINS------WITNESSETH THAT WE, THE HEIRS OF PHILLIP KIRBY, FOR
$50.00, SELL A PARCEL OF LAND OF WHICH EACH CLAIM 1/5 ON THE WATERS
OF CRAB CREEK OF LITTLE RIVER, BEING PART OF THE 400 ACRES PHILLIP
KIRBY BOUGHT."
ACCORDING TO A LAWYER FRIEND AND ACCORDING TO "HOW TO" BOOKS
ON GENEALOGY, THIS WAS THE WAY LAND WAS DIVIDED BACK THEN. I FOUND NO
WILL, BUT MANY WILLS OF THAT PERIOD DISPOSED OF PERSONAL PROPERTY
ONLY, AND THE LAND WAS DIVIDED BY THE HEIRS FILING A JOINT DEED. SOME
STATES REQUIRED THE SHERIFF TO ASCERTAIN AND ASSEMBLE THE HEIRS FOR
LAND DIVISION. THE WIFE APPARENTLY DID NOT ENTER INTO DIVISION THEN
UNLESS SHE WAS SPECIFICALLY INCLUDED IN HER HUSBANDS WILL.
THESE DEEDS AND THE 1850 SURRY COUNTY CENSUS ESTABLISH PHILLIP
AS THE FATHER , AND TALITHA (OR LITHA) AS THE MOTHER OF THESE 5
CHILDREN. I HAVE NOT FOUND A WILL, AND DO NOT BELIEVE ONE EXISTS.
NEITHER HAVE I FOUND THEIR MARRIAGE RECORD TO ESTABLISH THE DATE. THE
RECORD MAY BE IN HENRY CO. VA. ON JULY 6, 1992 I RECEIVED PHOTOSTATIC
COPIES OF LETTERS DIRECTED TO MRS. W, F. RHUDY AT ELK CREEK, VA. FROM
J. R. (RUSS) KIRBY WHO LIVED AT EMORY, VA. HE WAS THE SON OF MILLARD
KIRBY, WHO IN TURN WAS THE SON OF THE JOEL KIRBY ABOVE MENTIONED. MORE
IMPORTANTLY, HE KNEW AND NAMED PHILLIP KIRBY AS JOEL'S FATHER AND SAID
JOELS MOTHER WAS A WITCHER BUT DIDN'T REMEMBER HER GIVEN NAME. I HAD
SEARCHED FOR THEIR MARRIAGE RECORDS FOR YEARS TO DETERMINE THEIR
MARRIAGE DATE AND HER SURNAME. I DO KNOW THAT SOME OF PHILLIPS COUSINS
MOVED FROM HENRY CO. VA TO KENTUCKY AND WERE MD. IN HENRY CO. I HAVE
NOT BEEN TO MARTINSVILLE TO RESEARCH THIS AND SINCE I HAVE RESEARCHED
PITTSYLVANIA, CO. VA, PATRICK CO. VA., STOKES CO. NC., SURRY CO, NC.,
ASHE CO NC ALLEGHANY CO., NC. AND GRAYSON CO. VA., THIS COULD BE THE
MISSING LINK FOR FINDING PHILLIPS MG. TO TALAITHA WITCHER. IT IS ALSO
POSSIBLE THAT THEY WERE MARRIED IN SURRY COUNTY, NC. AND I MISSED IT
IN THE INDEX, OR I COULD HAVE FORGOTTEN TO LOOK UNDER ANY OF VARIOUS
SPELLINGS FOR KIRBY. PHILLIPS'S SON JESSE WAS INDEXED AS CURBY, AND I
FOUND THEIR MARRIAGE BY SEARCHING UNDER THE BRIDES INDEX AFTER ELSIE
KIRBY WADDELL TOLD ME SHE WAS A MUNCUS. IF I CAN GET BACK TO SURRY CO.
I WILL SEARCH FOR TALITHA WITCHER IN THE BRIDES INDEX. THERE WAS AN
EPHRIAM WITCHER WHO BOUGHT LAND IN 1794 IN SURRY COUNTY VERY CLOSE TO
THE LAND PHILLIP BOUGHT IN 1793. JGK, JR.

MARRIAGE RECORDS IN PITTSYLVANIA CO. VA. (1st) WIFE, VARIOUS DEEDS
QUOTED IN HIS BIOGRAPHY, COPY OF LETTER FROM JUDGE R. L. KIRBY DATED
SEPT 18, 1931 TO J. Q. KIRBY, CLERK OF THE COURT IN BOLING GREEN, KY
COPY 1790 CENSUS OF SURRY CO. NC. AND OTHER ITEMS QUOTED IN BIOGRAPHY
COPY OF 1970 LETTER FROM JAMES RUSSELL KIRBY (RUSS) TO MRS. ELIZABETH
RHUDY OF ELK CREEK, VA. REFERRED TO IN BIOGRAPHY WITH MORE DETAILS.
MRS RHUDY IS THE GRANDDAUGHTER OF JUDGE ROBERT L. KIRBY WHO IN TURN
WAS THE GRANDSON OF JOEL KIRBY, ONE OF PHILLIPS SONS. ONE OF JUDGE
KIRBY'S LETTERS TO THE KENTUCKY KIRBY IDENTIFIED THE ELKIN AREA AS THE
AREA FROM WHICH PHILLIP KIRBY BEGAN HIS NORTHWARD MIGRATION.
DEEDS IN SURRY CO., NC SHOW THAT PHILLIP OWNED LAND AT THE JUNCTION OF
FISH RIVER AND YADKIN RIVER AND HE MOVED NOTHWARD FROM THERE IN
SEVERAL DEED TRANSACTIONS, ALTERNATING BETWEEN FISH RIVER AND MITCHELS
RIVER. LEFT FISH RIVER ABOUT LOW GAP, NC AND MOVED INTO WHAT IS NOW
ENNICE, NC AREA, WHERE HE BOUGHT 400 ACRES OF LAND AND LIVED THERE
UNTIL HIS DEATH. He was married to ELIZABETH ? WITCHER in 1790 in PROBABLY SURRY CO N.C..

65. ELIZABETH ? WITCHER was born about 1770 in NORTH CAROLINA. She died in 1850 in SURRY CO, N.C. ?. BIO:SEE THE BIOGRAPHY OF PHILLIP KIRBY # 51 FOR MOST DETAILS ON HER. THE
HUGHES HISTOTICAL MAP OF SURRY COUNTY, NC. AVAILABLE FROM THE REGISTER
OF DEEDS AT DOBSON, NC. (SURRY CO.) SHOWS A WITCHER FAMILY LIVING ONLY
A FEW MILES FROM PHILLIP KIRBY AND JOSIAH KIRBY THIS MAP WAS MADE FROM
LAND DEEDS IN THE LATE 1700'S. EPHRIAM WITCHER'S LAND DEED WAS 1794.
PHILLIPS WAS 1793 AND JOSIAH'S WAS 1793. J. G. K, Jr.

NAME: LITHA (TALITHA ?) (KIRBY) (#52)
AS OF 4/25/1991, I HAVE NOT FOUND THE MARIAGE RECORD FOR PHILLIP
AND TALITHA. PHILLIP APPARENTLY DIED EARLY IN 1849, AS PER FACTS
SET FORTH IN HIS REFERENCES, AND SHE SHOWED UP ON THE 1850 CENSUS
LIVING WITH HER SON IN LAW GILES HODGES. SHE WAS NOT IN THE 1860
CENSUS, AND SINCE SHE WAS 80 IN THE 1850 CENSUS, I ASSUME SHE HAD
DIED BETWEEN THE CENSUS PERIODS. SEE HER BIOGRAPHY ALSO. JGK,JR. Children were:

child32 i. JESSE KIRBY.
child ii. JUDE(JUDY) KIRBY was born about 1796 in SURRY CO. N. C.. She died on 25 Apr 1878 in ENNICE, N. C.. VARIOUS RECORDS SHOW BOTH JUDE AND JUDY. SHE IS BURIED IN HURST
HIGGINS CEMETERY WITH HER HUSBAND LINVILLE HIGGINS. BOTH THEIR
ORIGINAL STONES ARE STANDING, BUT THEY ARE IN BAD SHAPE. SOMEONE HAS
HAD NEW STONES MADE SHOWING JUDE. I TRACED OUT THE LETTERS ON HER OLD
STONE AND I READ HER NAME AS JUDEA. JGK,JR.
SHE IS LISTED IN THE ALLEGHANY CO. CEMETERY LISTINGS AS BIRTH DATE
BLANK--D. 4/25/1878.
child iii. SAMUEL KIRBY was born about 1800 in SURRY CO. N. C.. He died in 1864 in ? LOW GAP, N. C..
child iv. JOEL KIRBY was born on 7 Feb 1804 in SURRY CO. N. C.. He died on 6 Aug 1885 in STURGILLS, N. C.. BIO:THE WRITERS FIRST RECORDS OF JOEL,S ACTIVITIES CAME FROM THE MINUTES
OF THE 'MEADOW CREEK CHURCH OF CHRIST, THE SON OF GOD', WHICH CHURCH
PROBABLY ORIGINATED ON MEADOW CREEK S. W. OF PRESENT GALAX, VA. THE
MINUTES I HAVE STARTED IN 1831 BUT THEY REFER TO THE CHURCH HAVING
FOUNDED IN 1775/6. I HAVE A COPY OF THE 1802 DEED WHICH
COVERS THE LAND NOW OCCUPIED BY THE MEADOW CREEK UNION BAPTIST CHURCH
THE LATTER CHURCH BOUGHT THE GROUNDS AND BUILDING FROM THE PRIMITIVE
BAPTIST ASSOC. AFTER THE PRIMITIVE BAPTISTS DISBANDED THE CHURCH IN
1924. I HAVE PUBLISHED THE MINUTES AND COPIES CAN BE FOUND IN THE
GALAX, VA, INDEPENDENCE, VA, HILLSVILLE VA., SPARTA, NC. LIBRARIES
AS WELL AS IN THE NATIONAL DAR LIBRARY, ANDERSON, IND. LIBRARY,
SPEEDWAY INDIANA LIBRARY AND FORT WORTH, IND. LIBRARY. THE DAR HAS
ASSIGNED THE BOOK NUMBER SERIES 2 VOLUME 38.
JOEL AND FRANCES,HIS WIFE CAME TO THE CHURCH JUNE, THE FIRST SATURDAY
IN 1850, PRESENTING A LETTER OF DISMISSION IN GOOD STANDING FROM
ANOTHER PRIMITIVE BAPTIST CHURCH. THE PREVIOUS CHURCH WAS NOT NAMED
BUT THE WRITER STRONGLY SUSPECTS THAT IT WAS THE LITTLE RIVER PRIM-
ITIVE CHURCH WHICH WAS ORIGINALY LOCATED NEAR ENNICE, NC. (NOW NEAR
SPARTA, NC.). THE KIRBY'S 1814 HOMESTEAD WAS LOCATED IN THE ENNICE
SECTION.
JOEL WAS QUICKLY PRESSED INTO ACTIVE DUTIES, FOR IN 1851, 1860, 1861
1866 & 1867 HE WAS APPOINTED AS ONE OF THREE DELEGATES TO THEIR
ASSOCIATION MEETINGS. HE MUST HAVE STUMBLED ONCE IN 1857 FOR THE
MINUTES SHOW HIS BEING CALLED UPON TO EXPLAIN SOME MISSED MEETINGS.
THIS CHURCH WAS VERY STRICT IN THEIR BELIEFS.
ON JUNE, FIRST SATURDAY IN 1870, JOEL AND FRANCES CALLED FOR LETTERS
OF DISMISSION (IN GOOD STANDING) AND THEY WERE GRANTED. THE WRITER
BELIEVES THEY MAY HAVE THEN JOINED THE INDEPENDENCE, VA. METHODIST
CHURCH FOR ABOUT THAT TIME THEIR SON EMORY JOINED THIS CHURCH, AND
I WAS TOLD THAT JOEL AND FRANCES LIVED THERE BEFORE GOING ON TO
HELTON, N. C. WHERE THEY PURCHASED A FARM AND LIVED THERE UNTIL THEIR
DEATHS. THE MEADOW CREEK CHURCH MADE A NOTE IN THEIR MINUTE BOOKS
REPORTING THE DEATH OF JOEL IN 1885.
I HAVE COPIES OF 1931 LETTERS WRITTEN BY JUDGE ROBERT L. KIRBY TO
A KENTUCKY KIRBY ADVISING THAT JOEL HAD BEEN A LARGE LAND HOLDER, AND
I FOUND WHERE HE AT ONE TIME OWNED AND SUPPOSEDLY LIVED ON 1000 ACRES
IN THE BEAR BRANCH AREA WHICH IS NEAR MOUTH OF WILSON, VA.
WM. JENNINGS BRYAN KIRBY, JR., A GREAT GRAND SON OF JOEL OWNED THE
HELTON, NC. LAND IN 1989 WHEN I MET HIM THERE. BRYAN DIED SOON
AFTER, BUT HE HAD TOLD ME THAT JOEL HAD BEEN AN ARDENT METHODIST.JGKJ
1992--I HAVE NOW RECEIVED A COPY OF A 2/6/1970 LETTER FROM MRS.
W. F. RHUDY, THE GRANDAUGHTER OF JUDGE ROBERT L. KIRBY # 649 ,
WRITTEN BY J. R. (RUSSELL) KIRBY, THE SON OF MILLARD FILLMORE KIRBY
WHO IN TURN WAS JOEL'S SON. THIS LETTER SAYS THAT JOEL MOVED INTO
THE OLDTOWN, VA. AREA ABOUT THE BEGINNING OF THE CIVIL WAR. THE
CHURCH RECORDS SEEM TO IMPLY THAT HE CAME SOONER, BUT HIS STATEMENT
MAKES ME FEEL EVEN MORE SURE THAT THE CHURCH HE HAD TRANSFERRRD FROM
WAS THE LITTLE RIVER CHURCH. HE SAID THAT OVER 60 YEARS BEFORE
HE WROTE THIS LETTER, HIS FATHER HAD TOLD HIM THAT THE HOMESITE
WAS ON A HILL OVERLOOKING THE SITE OF GALAX, VA. GALAX WAS NOT FORMED
UNTIL 1906, BUT THE HILLS AT OLDTOWN WOULD HAVE OVERLOOKED THE
LOCATION OF GALAX. ONE OF THE LETTERS I QUOTED IN EMORY'S BIOGRAPHY
MENTIONS THAT HE RETURNED FROM HELTON AREA TO OLDTOWN TO RE ESTABLISH
A BUSINESS HE HAD TRIED IN HELTON AREA, WITH DISAPPOINTING RESULTS.
THIS WRITTEN 7/17/1992 JGKJR
child v. SARAH KIRBY was born about 1804 in SURRY CO. N. C..

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