Name: James WHALEY
Suffix: Jr. 2nd Lt.
Birth: ABT 1750 in Fairfax Co., VA
Death: 4 NOV 1826 in Fayette Co., KY
Burial: His Farm Near Lexington
Occupation: Planter, Surveyor, Soldier In Rev. War; 2nd Lt.
Change Date: 22 JUN 2010
New Ancestor Records June 6, 1986, DAR Magazine, October 1986, pg 708:
"Whaley, James: b c 1740 d a 11--1826 m Lettice Carter 2 Lt VA"
NOTE: This new line was based on information I proved on my application papers! DAR added the 2nd Lt. information after I sent in my app. (CWV)
Jun 22, 2010, firstname.lastname@example.org wrote:
Fayette Co KY was formed 1780 from Kentucky County VA:
Kentucky Co VA was formed 1777 from Fincastle Co VA and Fincastle was
discontinued in 1780. Handy Book For Genealogist indicates Fayette Co
Clerk has marriage records from 1795; Probate and land Records from 1795
and Circuit Court Clerk has Divorce and Civil Records.
"Whaleys of Loudoun County, Virginia and Some of Their Descendents Who Migrated to Kentucky", Levi Kelsey Cramb, Fairbury, Nebraska, 1947, pg 14. (Boston Public Library)
JAMES WHALEY OF FAYETTE COUNTY, KY.
"James who settled in Fayette county, Ky., about 1785, was born probably about 1750, as either his oldest or second oldest son was born 1773. He died in Fayette County, Ky., Nov. 4, 1826. The following information about him was furnished by Mrs. Lue Spencer, DAR genealogist:
In "Register of the Kentucky State Historical Society, Vol. 32, page 258, "History in Circuit Court, Fayette County, Ky." - Fayette Circuit Court, Lexington, January Court, 1817 - William Elliott, deceased vs. James Whaley - Petition recites - On March 11, 1788, William Elliott, deceased - sold to James Whaley - 185 acres on Boone's creek in Fayette county . . .
Page 260 - "Deposition of Morris Carter (Lettice Carter Whaley?s brother!), taken in Fayette county - 29 April 1815 deposes - In the year 1785 James Whaley settled on Bogg's fork of Boone's creek - which land he purchased of William Elliott - the same on which William Whaley has lived ever since I saw him pay the purchase money on 15 December, 1785 - and recollect he (depondent) was one of the chain carriers for John McKinley* who surveyed the land in 1786."
In Peter Carter's will made in Loudoun county, Va., June 4, 1794, he mentions daughter Lettice Whaley, son-in-law James Whaley, and among others, a son, Morris Veale Carter, the same mentioned above as a witness to the land purchase.
*John McKinley (May 1, 1780-July 19, 1852) was a U.S. senator from the state of Alabama and an associate justice of the United States Supreme Court.
Born in Culpeper County, Virginia, his family moved to Kentucky when he was an infant. In that state he studied law and was admitted to the bar in 1800, practicing in Frankfort and Louisville before moving to Huntsville, Alabama.
After serving in the lower house of the Alabama state legislature, he was elected to the U.S. Senate, serving his first term from November 27, 1826 to March 3, 1831, being elected to fill out the rest of the term of Henry H. Chambers. Israel Pickens served as interim senator until McKinley was elected. He was reelected to the senate, but served only from March 4, 1837 to his resignation to join the Court on April 22 of that year. There was no interim senator this time, and Clement C. Clay was elected to the post.
He made little contribution to the Court. In fifteen years there, he wrote only twenty-two opinions, and was noted for his commitment to state's rights.
* * * * * *
In Will Book G, Page 428, Lexington, Ky., is the will of James Whaley, in which he names his wife Lettice, children Edward, James, Hannah Christy, Susan Hudson and Elizabeth Gibbs, and mentions his son John's widow. The will was probated at the November Court, 1826. From this record and further information given by Mrs. Thomas W. Proctor, a descendant, his children, then were as follows:
1. John, probably the oldest, probably born about 1771, married Nancy, probably Smith. He died before 1826.
2. Edward, born Feb. 18 1773, married April 15, 1794, Nancy Haney (or Haynie). They had 11 children. His son William, b. Feb. 10, 1800, d. 1860; William's son Henry Clay Whaley, b. Feb. 11, 1830, near Palmyra, Mo., d. Nov., 1906; Henry's son Rev. William J. Whaley, b. Feb. 22, 1881, near Hannibal, Mo., m. Kittie McVay, who once lived near Fairbury, Nebr. Rev. Wm. J. Whaley now (1943) lives at 5514 E. 23rd St., Kansas City, Mo.
3. James, married -------Haynes.
4. Hannah, married-------Christy
5. Susan, married--------Hudson
6. Elizabeth, b. Aug. 13, 1789; m. June 5, 1805, John Gibbs, who d. Jan 24, 1853, and his wife died April 13, 1862. Their children were Hiram, Susannah, Mary, and Elizabeth, who was born July 12, 1817 and married John Quisenberry."
"Virginia in the Revolution", John H. Gwathney, Dietz Press, Richmond, VA,
pg 819. Whaley, James, Jr. Loudoun Militia, rec. as 2nd Lieut., March 1778-Oct 1779.
"Gleanings of Virginia History", Wm. Fletcher Boogher, Baltimore, 1965, pg 218: "The following list of militia officers were recommended by the Gentlemen Justices of the County Court for Loudoun County, Virginia to the Governor for appointment from March, 1778 to December, 1882.
Abstract from Court Order Book G, pgs 517-522. Persons recommended with rank: March 1778: James Whaley, Jr., 2nd Lieutenant."
"Virginia Grants," Jilson, pg 133:
James Whaley: 487 1/2 acres, Bk 5, Pg 215, Surveyed: 20 Mar 1784, County: Fayette, Waters Course: between Small Mt. Creek & Upper Salt Springs on Licking Creek.
Wm. Whaley: 295 acres, Bk 11, pg 562, Surveyed: 29 Jan 1784, County: Fayette, Waters Course: on Hinkston's Fork.
This description of Whaley lands in Kentucky also found in:
"The Kentucky Land Grants," pg 133, published 1925, and
Va State Land Office, Fayette Co, KY Patents - 1782, Book O, pg. 500, 10 May 1785.
Fayette co. Ky Patents begin 1782, pg 500, Book O, 10 May 1785, James Whaley: 487 1/2 acres Between Small Mountain creek and the upper Salt Spring on Licking Creek.
Fayette County, VA (now KY) County Court Book B, pg 119:
William Elliot and Melia, his wife, of County of Fayette and State of Virginia to James Whaley of Fayette County and State of Virginia, for 100 pounds 185 acres of land (part of Wm. Gillispie preemption) touching Robert Boggs on Boggs Fork, of Boones Creek, etc.
Witness: Turner Crump, John Boggs, Henry Marshall, Adam Winn, John Shortridge
Recorded July Court, 1788
Again recorded July 1805, Court House burned.
Witnesses: Benj. Craig and Elijah Craig
Levi Todd, Clerk
Fayette County, VA (now KY), Circuit Court, Book B, pg 506, 2 Nov 1790:
Benj. Craig, Elijah Craig, and Wm. Craig bind themselves to pay 235 pounds Virginia currency the condition being the above bound B. Craig, Edward and Wm. Cave, shall make good a deed with general warranty to said James Whaley, his heirs and executors and administrators for 225 acres of land adjoining Samuel Shortridge on the south and on the west the waters of Stoner's Fork of Licking (River), to lay in a good farm and include 2 springs, sealed with our seals this November 2, 1790.
Signed: Benj. Craig
Witnesses: Bartlett Collins, Elijah Craig, Ed Bartlett, William Cave, James Hogan, Uriah Edwards
Date: Fri, Oct 11, 1996 11:27 AM EDT
Subj: James Whaley
Reviewing my data on Whaley and thought you might like this tidbit.
Deed Book A, p132, 5/8/1797, Campbell Co., Ky
Charles & Susannah Morgan of Campbell Co. sell to James Whaley of Fayette Co. a parcel of land on Boone Creek in Fayette Co. 100 acres for 225 lbs. Being part of a 1300 acre Treasury Warrent to Charles Morgan.
The next two deeds show further sales of parts of the same parcel on the same day. One, David Watts of Fayette Co., 83 acres, and two, William Watson of Clarke Co., 48 acres.
County Court, Deed Book 1, pg 378, 18 May 1797:
Charles Morgan of Campbell County, KY to James Whaley of County of Fayette for 225 pounds paid by Whaley, 100 acres of land on Boones Creek, part of 1300 acres granted to Charles Morgan, touching James Duling's land and in line of David Gillispie land.
Signed: Charles Morgan, Susannah Morgan
Recorded 8 May 1797
Being part of a 1300 acre Treasury Warrent to Charles Morgan.
The next two deeds are to David Watts and William Watson, same date, for parcels of the same grant. This was the only deed up to 1840 when Kenton Co. was established
Recorded 11 March 1805
"I assign all my right title property and interest of the above bond to Edward Whaley. In witness I have set my hand and seal.
James Whaley, senior.
Test. Wm. Spurr, John McGonnegal
Thos. Bodley, Circuit Clerk, Fayette County
Circuit Court, Fayette Co, KY, Book B, pg 206, 11 Feb 1805
James Whaley, senior of Fayette County, State of Kentucky, for 5 shillings the said James Whaley, senior to James Whaley, Jr. Conveys lands containing 80 acres in Fayette County touching David Watts to have and to hold for himself and his heirs forever.
Signed: James Whaley, Sen.
In presence of Jas Hawkins
Rec'd 28 June 2003
From Albert Greco, descendant of Albert Whaley & Mary Foreman Bird
From ?The History of St. Clair County? (1883). pp 1101-1102
Excerpt from John Calvin Whaley's history:
" . . . James Whaley, born in Virginia, removed to Kentucky at an early age. He served in the Revolutionary War, and furnished his hired man with a horse and paid him a salary for service in the same cause."
19 July 2004
Email from Ann Todd, KY
RE: Gravesite for James, Jr.
I will try to bring you up to date: 1) Called the Historic Commission here and no luck (with finding the grave of James, Jr.); they did tell me who to contact in Frankfort for grave registration. So far no luck but hope to go in person and camp on their doorstep one day last of this week or first of next. 2) Went out to the area on the map - beautiful, beautiful horse farm country. Didn't see any sign of a graveyard and believe it must be a family cemetery that is marked on the map I sent. 3) Today with my husband driving and me hanging out the window and making notes on # and names on mail boxes (may try to call some of these people if I can't find out anything in Frankfort), spied a historical marker. PAYDIRT I think!!!!! It is 5180 Athens-Walnut Hill Pike, Cave Spring Farm. On the stone post is the # and "Cassidy" so don't know if that is the present owner or not. The marker says: "Home of Capt. Robert Boggs, b. 1746 Mill Creek Hundred DE, moved to VA,, soldier in the Revolution. Came first to KY in 1774 as chain man of Col. John Floyd's survey party, one of the founders of Boonesboro, officer of Cherokee expedition 1776, under Geo. Washington 1777-81, took up KY land totalling 2276 acres, Cave Spring home began in 1784, completed 1792, quaint, substantial Georgian stone house." Now we know we are on the right track and I will have more info to give the grave reg. people. One of the deeds says Whaley's land is touching Robert Boggs, rec. July 1788 DB B, p. 119. Look this over -- or if you did get this information -- and let me know what you think. Does this jibe with what you have? This land is in rural Fayette Co, off US Hwy. 25 and very near I-75 South, about 5 miles from the KY river. Let me know what you think.
* * * *
Library of Virginia
URL: http://lvaimage.lib.va.us/cgi-bin/GetLONN.pl?first=500&last=&g_p=GO&collection=LO Grant
10 May 1785.
Available on microfilm. Virginia State Land Office. Grants A-Z, 1-124, reels 42-190; Virginia State Land Office. Grants 125- , reels 369-.
Location: Fayette County (Ky.).
Description: 481 1/2 acres between Small Mountain Creek and the Upper Salt Spring on Licking Creek.
Source: Land Office Grants O, 1785, p. 500 (Reel 55).
Part of the index to the recorded copies of grants issued by the Virginia Land Office. The collection is housed in the Archives at the Library of Virginia.
Subject - Personal
Whaley, James. grantee.
Subject - Topical
Land titles. -- Registration and transfer -- Kentucky -- Fayette County.
Fayette County (Ky.) -- History -- 18th century.
Land grants -- Kentucky -- Fayette County.
Virginia. Land Office. Register. Land grants, 1779-
Library of Virginia. Archives.
Father: James WHALEY (WHEALEY) b: ABT 1720 in Possibly Westmoreland Co, VA
Mother: Hannah HIGGERSON b: BEF 1720 in Prob. Stafford Co, VA
Lettice CARTER b: ABT 1750 in Fairfax Co., VA
in Loudoun Co, Virginia
- John WHALEY b: 1771 in Fairfax Co., VA
- Edward WHALEY b: 18 FEB 1773 in Loudoun Co., VA
- James WHALEY b: 1775 in Fairfax Co., VA
- Hannah WHALEY b: 1777 in Fairfax Co., VA
- Susan WHALEY b: 1780 in Fairfax Co., VA
- Elizabeth WHALEY b: 13 AUG 1789 in Fayette Co., KY
- Volney WHALEY b: MAR 1791 in Fayette Co, KY