John Herbert (abt. 1677 - aft. 1728)

Born about 1677 in Lower Norfolk County, Virginia Colony [uncertain]

Ancestors

Descendants

Died after May 1728 after about age 51 in Princess Anne, Virginia

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Biography

John Herbert was born about the year 1677 in the Virginia Colony in Lower Norfolk County. In some of the records of Virginia the name is spelled Harbert. His parents were John Herbert and Johanna/Hannah Horne Flewellen. Lower Norfolk County included the land that is now part of the cities of Norfolk, Portsmouth, Chesapeake, and Virginia Beach. The county was created in 1637. ^[1]

The birth date for John is estimated from the will of his father probated 21 May 1679. John's father died before the proving of his will on 21 May 1679.

Notes from author and researcher Alice Granberry Walter:

"John Herbert III, B: ca 1677/78 Under age in Father's will probated 21 May 1679." (4 D&W 201 PAc) [https://archive.org/stream/captainthomaswil00walt#page/92/mode/1up Herbert In England & Virginia 1399 - 1900s by Alice Granbery Walter . pg 91

Last Will and Testament for John Herbert, father of John 1679

John Herbert Lower Norfolk County deeds Deed Book 4 and page 50.

"The last will and testament of Jno Herbert in the yeare of our Lord God 1679. Lying dangerously sick upon his death bed bequeathed his soule to Christ and his body to ye Earth.

I doe give unto my deare sonne: Jno: Herbert halfe my land, and if the other be a boy to have ye other halfe, and if nott John Herbert to have it all, and also a gunn & a Cutlas to my deare son John and I give unto my beloved wife all my whole estate as long as .sbee, lives a wid° and after shee is marryed the estate is to bee Equally/amongst my two children and if the wid° & John's two children dyes then I doe give it to Richard Flewellyn and Edward Flewellyn, and to be divided between them, and furthermore 1 doe desire that my sonne Jn may be att eighteen years of age, and to enjoy his estate and if the other bee a boy to be att age att eighteene years and to enjoy his Estate, butt if it bee a girle shee is to bee att age att sixteene and to enjoy her estate and furthermore I doe impower my brother Tho. Willoughby to see that my Children are nott wronged.

Jno: (his W mark) Herbert A seale (of?) the sd Gent:

Wit: Thomas (T) Willouogby ffRA: LAKE (Leake)

The following note is from the author and researcher Alice Granberry Walter.

wd 1679 wp 21 May 1679 by Francis Lake (Leake) & Henry Deale (4 DB 50) Exor: did not name one, but did say "I doe impower my brother, Thomas Willoughby to see that my children are nott wronged."

After the death of his father John lived with his widowed mother, Johanna Herbert, and later a brother, Thomas Herbert, was born. John also had half brothers that were sons of his mother and Fluellen.

Lower Norfolk County was divided in 1691 creating Norfolk County and Princess Anne County. Norfolk County in the west and Princess Anne County in the east. Norfolk County included the Elizabeth River. The cities of Norfolk and Portsmouth were later established on the Elizabeth River.

If the estimation for his date of birth is correct at 1677 John would have reached the age of majority by about 1695.

Deed records Book 6 and pages 143 and 144 of Lower Norfolk County, Virginia from November of 1698 give evidence that John had reached the age of majority. He sold lands that had been noted in the will of his father. John was following the "true intent and meaning" of his father's will.

14 Nov 1698 - JOHN HERBERT'S (III) (heir of his grandfather and father, JOHN HERBERT I & II both deed.) deed to THOMAS WILLOUGHBY SR. (his half uncle) according to the will of his grandfather dated 15 Jan (Mutilated). JOHN HERBERT is selling land according to the"true intent and meaning" (6 DB 143 Nc) ^[2]

19 Nov 1698 Thomas Willoughby 's deed to cozen (1/2 nephew) John Herbert Selling land that was supposed to be given (mutilated) dated 15 Jan 1669

(this date is the date of John Herbert's will Lower Norfolk County Deed Book 6 and page 144. ^[3]

The following note is from the author and researcher Alice Granberry Walter.

(NOTE: The above two deeds, although mutilated, show that there was some default in the division of the land and John Herbert & Thomas Willoughby (of the Southern Branch are re-establishing the proper lines. The deeds are also further proof that Thomas Willoughby is the son of Mary Herbert, relict of John Herbert. AGW) ^[4]

A single woman about 1702 asserted in the court of Norfolk County, Virginia that her child was from John Herbert.

Elizabeth Mayo, single woman petitioner says that John Herbert is father of her child. (1 MB 350 PAc)

These are notes from the author and researcher Alice Granberry Walter.

John's will seems to indicate that his son Richard was by a first wife. He may have married her circa 1701 and she may be the mother of several other children listed in his will.^[5]

John was married to Elizabeth Willoughby about the year 1705 in the Virginia Colony.

He lived in Norfolk County in the Portsmouth area and was a ship carpenter. He purchased land in the amount of 235 acres in the Black Water precinct in Princess Anne County in 1723.

Deed Book 3 and Page 538 to 539 Princess Anne County, Virginia

The lease of the land to John Herbert is recorded on page 538 and is date 1723 in the month of Xber as it is written on the 30th day.

This page can be view at this source on FamilySearch.

https://www.familysearch.org/ark:/61903/3:1:3Q9M-C9PX-V9NG-9?i=141&cat=369672

The release is documented on page 539. At court held on 5 February 1723 was recorded. The indenture is dated 31 December of 1723 in the document on page 539.

30 Oct 1723 Recorded 5 Feb 1723/4 - Benjamin Cummings lease to John Herbert . Benjamin Cummings and Elizabeth his wife of Princess Anne County sell to Jno: Herbert, Ship Carpenter, of Norfolk County, one messuage, ( note here that messuage refers to a dwelling house with its outbuildings and adjacent land) ^[6]

tract and plantation of land scituate in Blackwater, Princess Anne County, granted to Cummings by Patent for 315 acres whereof was sold to John Ward 80 acres, the remaining 235 acres to Jno: Herbert.

Witnessed: Elizabeth Cummings

John Cummings, Henry Butt & Robert (RL) Land

(3 DB 538-9 PAco)

The will can be view on the following source from FamilySearch.

https://www.familysearch.org/ark:/61903/3:1:3Q9M-C9PX-V9NG-9?i=141&cat=369672

Family move to Blackwater

John moved his family to the Blackwater area in Princess Anne County after 1723 as evidenced by his will in which he notes the plantation where he now lives in Princess Anne County.

He sold lands that he owned in Norfolk County. The deed record proves he was living in Princess Anne County at this time period. The deed was recorded in March of 1727.

14 Jan ? 1727 Recorded 15 Mar l727 Indenture: JOHN HOBETT of Princess Anne County and THOMAS PRESCOTT of Norfolk County for the sum of 5 shillings to RICHARD JOHNSON of North Carolina one tract or parcell of land being in Norfolk County on ye East side of ye Indian Creek taking its bredth on ye sd creek and running a mile into ye woods bounded on ye West with ye land of THOMAS DAVIS and on ye North East with JAMES WARD INS (or HARDINS) Land appears

by a deed of sale made by PHILLIPP HOWARD and Recorded ye sd

County Records ye 25 Nov 1706.

Wit: JOHN HERBERT

EDWARD PORTLOCK & THOMAS BRUCE THOMAS (MARK) PRESCOTT (G f 72 Nco)

]

John married 1705/6 (7 DB 116 Nco) his 1/2 first cousin Elizabeth Willoughby dau of Thomas Willoughby born probably in 693^[7] (more likely Thomas' son John Willoughby's daughter making her Thomas' granddaughter and 1/2 second cousin)

Family

John and his wife Elizabeth had the following known children:

Children with Elizabeth Mayo

1. Richard, b. Abt 1702, Of Princess Anne County, Virginia, husband of Ann Batchelor (1704 - 1732)
2. Elizabeth, b. Abt 1704, Of Princess Anne County, Virginia, possibly the wife of James Batchelor
3. Mary, b. Abt 1706, Of Princess Anne County, Virginia

John and his wife Elizabeth Willoughby had the following known children:

1. Peter, b. Of Princess Anne Co. Va. d. Aft 1766
2. Thomas, b. Bef 1716, Of Princess Co. Anne Va., d. 1735, Of North Carolina, (Age 19 years)
3. Willoughby, b. Aft 1718, Of Princess Anne Co. Va, d. Aft 1774, Va (Age > 56 years)
4. John b. bef 1727. He was a shipwright in Portsmouth.
5. Margaret, b. Bef 1728, Of Princess Anne Co. Va
6. Dinah also known as Dianah, b. Bef 1728, Of Princess Anne Co. Va
7. Violet, b. Bef 1728, Of Princess Anne Co. Va
8. Ann, b. Bef 1728, Of Princess Anne Co. Va, she was named in the will of her father in 1728. ^[8]

Last Will and Testament

John Harbert of Princess Ann County

wd 24 Apr 1728 wp 7 Aug 1728 by William Corbell & Henry Philpott. Wit: Cor...Henry (X) &.....Ph...Ott(the names are torn)...being sick and weak in body...

unto my eldest son Richard Harbert

plantation wheron he now liveth with half that tract of land joyning which lyeth in Norfolk County to him & his heirs lawfully begotten forever.

Unto my son Willoughby Herbert

my plantation wheron I first & formerly lived in Norfolk County with the one half of that tract of land joyning to the same to him and the heirs of his bodylawfuly begotten, but for want of such heir to fall to my son Peter Herbert (sic) & his heirs.

My desire is that if either of my sons before mentioned shall have a desire to sell their... land I give them full power to sell the one to the other and no otherwise and if they cannot agree as to the ... .. ... different neighbors Chosen by each party shall set the valuation.....(partially torn and smeared...)

Unto my son Thomas Harbert

(sic) my plantation wheron I now live together with as much land joyning to said plantation as will (make?) (up?) 100 acres in Princess Anne County ......

Unto my son Jno Herbert all the remainder part of ye said tract of land whereon I now live .......

And my will and desire is that if either of my sons Thomas and John Harbert shall die without heirs that then they shall enjoy the whole tract.

Unto my son Willoughby Herbert

my negro man called Bell.

Unto my son Peter Herbert

my negro man called Dayger.

My sons shall all be at full age at eighteen years old to recieve their portions....

Unto my daughter Elizabeth Batcheler

1 feather bed and furniture.

Unto my daughter Mary Sugg

1 feather bed & 1 cowe & yearling which she hath in possession.

My will and desire is that all ye remainder of my Estate both personall & reall wherein whose hands so ever after my Just Debts paid shall be equally divided between my dear well beloved wife Elizabeth Harbert & my sons Thomas, John, Willoughby & Peter Harberts & my daughters Dinah, Margret, Violet & Ann Harberts but my desire is that if my wife should remain unmarryed she shall have & keep to herself all this remaining part of my estate which is to be divided untill the youngest of them which shall live shall come to age: but if she shall marry then their (sic) shall be an equal division made amongst them as aforesaid my wife keeping her own part & her childrens & my son Thomas to take his own part & the other his young brothers and sisters not until they come of age...."

JOH: Harbert & Seale

Will of John Herbert dated 24 Apr 1728, pr. Aug 1728 ^[9]

Research Notes

Calendar dates in Colonial records of Virginia

Gregorian Calendar versus Julian Calendar was an issue between 1582 and 1752, not only were two calendars in use in Europe (and in European colonies), but two different starts of the year were in use in England. Although the “Legal” year began on March 25, the use of the Gregorian calendar by other European countries led to January 1 becoming commonly celebrated as “New Year’s Day” and given as the first day of the year in almanacs. To avoid misinterpretation, both the “Old Style” and “New Style” year was often used in English and colonial records for dates falling between the new New Year (January 1) and old New Year (March 25), a system known as “double dating.” Such dates are usually identified by a slash mark [/] breaking the “Old Style” and “New Style” year, for example, March 19, 1631/2. In general, double dating was more common in civil than church and ecclesiastical records.^[10]

Notes following are from the author and researcher Alice Granbery Walter in her genealogy research on the Herbert family of England and Virginia.

"The way this will is worded leads me to believe that John did marry Elizabeth Mayo and that Richard was the child she bore him and he married second Elizabeth Willoughby. AGW."^[11]

Note MJ Sparks: If wife (2) Elizabeth Willoughby is the mother of Elizabeth Herbert Batchelor and Mary Herbert Sugg (as named if fathers will) she could not have been born ca: 1693. I think probably Richard, Elizabeth and Mary were children of first wife Elizabeth Mayo.

Sources

1. ↑ https://digital.newberry.org/ahcb/map/map.html#VA
2. ↑ https://archive.org/stream/herbertinengland00walt#page/28/mode/1up
3. ↑ https://archive.org/stream/herbertinengland00walt#page/28/mode/1up
4. ↑ https://archive.org/stream/herbertinengland00walt#page/28/mode/1up
5. ↑ https://archive.org/stream/herbertinengland00walt#page/32/mode/1up
6. ↑ https://www.collinsdictionary.com/us/dictionary/english/messuage
7. ↑ https://archive.org/stream/herbertinengland00walt#page/32/mode/1up
8. ↑ http://tng.glennthomas.us/getperson.php?personID=I176210015&tree=gthomas
9. ↑ https://archive.org/stream/herbertinengland00walt#page/36/mode/1up
10. ↑ https://thegenealogyreporter.com/gregorian-calendar-for-genealogy/
11. ↑ https://archive.org/stream/herbertinengland00walt#page/36/mode/1up

• "Herbert In England & Virginia 1399 - 1900s by Alice Granbery Walter LDS 929.273 H415w. Information from book Herbert In England and Virginia 1399 - 1900 by Alice Granbery Walter, LDS 929.273H415w.

• Lower Norfolk County, Virginia Deeds
• Princess Anne County, Virginia wills and deeds

William and Mary College quarterly historical ... v.8 1899-1900.