Dianah (Herbert) Simmons (abt. 1720 - bef. 1790)

Born about 1720 in Virginia

Ancestors

Wife of John Simmons — married about 1737 in Princess Anne, Virginia

Descendants

Died before 20 Feb 1790 before about age 70 in Wake, North Carolina, United States

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Biography

Dinah or Dianah was born about 1720 in Virginia Colony. Her parents were John Herbert and Elizabeth Willoughby of Princess Anne County, Virginia. Her date of birth is estimated at 1720.

She was named in the will of her father in 1728. She was listed as Dinah and she was under the age of maturity at that time as noted in the will.

From the will of her father made in April of 1728 the following is a portion of:

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...."

Dinah lived with her widowed mother and her siblings on the plantation in Princess Anne County, Virginia after the death of her father in 1728.

The Herberts and the Simmons families lived in the Black Water area of south eastern Princess Anne County.

Black Water was a precinct in the Lynhaven Parish and the Black Water River separated the area from Pungo and the land west of Back Bay and was bordered on the south by North Carolina. To the east of Black Water was Back Bay and the northern portion of Knotts Island.

Dinah was married to John Simmons of Princess Anne County, Virginia about 1737 or 1738. Her husband, John Simmons, sold his inherited land in Virginia to John Herbert in 1738. John Herbert had a sister named Dinah, mentioned in their father, John Herbert's Will of 1728 in Virginia^[1] This is the probable Diana Herbert who married John Simmons and moved to North Carolina with him.

John Simmons son of John Simmons and Elizabeth (maiden name unknown) of Princess Anne County, Virginia, along with his wife Diana Herbert and son, John, moved to Craven County in the Province of North Carolina after his marriage and the sale of his land in Virginia about the year 1738.

Johnston County, North Carolina was created out of a portion of Craven County in 1746.

John wrote a will in 1767, leaving his estate to his wife, Diana and their 5 youngest children Willis, William, Solomon, Elizabeth & Mary. It was witnessed by son Adam. His wife Dianah qualified as Executrix, but apparently there were problems in settling the estate, probably in dividing the land and possibly because most of the children were not of age. In August 1772, two prominent local outsiders were appointed to adjust and settle the estate.

Dinah's husband made his last will and testament in Johnston County, North Carolina in 1770.

Wake County was formed in 1771 from Cumberland, Johnston, Orange County. The land of the Simmons family of John and Dinah now was in the newly created county of Wake.

War comes to North Carolina

While the Simmons families were living in Wake County news came to New Bern in May that war erupted in the colonies with the confrontation between the local militia and British troops at Lexington Green in Massachusetts on 14 April 1775.

Dinah was living on her plantation in Wake County at the time.

When the war came to North Carolina her son, John served in the North Carolina Militia and was wounded. The son of John, William Isaac Simmons also served with his father in the militia.

Dinah sold corn to the General Assembly commissioner for Wake County during the Revolutionary War on 16 December 1780.^[2]

John Simmons III, was born in 1738 according to later documents (birthdate has been found as 1742 instead).

The first trace found of John Simmons Jr. was when he is Constable for their area of Wake Co., NC in 1745. The next clue found was when he was a chairman on a land surveying crew in 1752. John II, bought his first tract of land in 1753, located on Walnut Creek, about 3 miles west of James' land, in what would be the southwest part of Raleigh today. John II, was a farmer, growing principally tobacco. He also bought and sold several tracts of land during the 1750s and 1760s. He received a Granville Grant for 714 acres in 1762, located near his original land on Walnut Creek. His son John III, helped survey the land and witnessed the deed and surveying plat. John II, served on numerous grand Juries, petit juries, headed up road working crews and witnessed and proved many legal documents in Craven/Wake Co., NC. ^[3]

Life after the Revolutionary War

Diana survived many years after her husband John Sr., died. She wrote a Will in 1784 and died in 1790. At that point in time, all the older children had left the area (most for Georgia) except son, Solomon and daughter Mary. Solomon had already inherited or bought most of the family land. Dianah left him her last 80 acres that she had received from her son Willis Simmons. She left daughter Mary all the remainder of her estate. ^[4]

Dianah HERBERT:

WILL was probated in Wake Co., NC. (Copy in files)

WILL - WAKE CO., NC BK C, p121 - dtd 23 Aug 1784 & probated 20 Feb 1791.

In the name of God amen. August the 23d day One Thousand Seven Hundred and Eighty four I Dianah Simmons of the County of Wake and State of North Carolina being Very Sick and weak of Body but of sound and Disposing mind and Memory, thanks be to Almighty God, calling to mind the Certainty of Death and the Uncertainty of the time thereof do make and Ordain this my last Will and Testament in manner and form following

Imprimes I give and Bequeath unto my Son Solomon Simmons and his Heirs forever One Trat of Land containing Eighty acres be the same more or Less being that tract of Land Lying on the South Side of Walnut Creek which was given to me by my Son Willis Simmons Item I give and Bequeath unto my Daughter Mary Simmons all the Rest and Remainder of my Estate of what nature or hand _____ after all

Item I Direct my just Debts and personal Expenses are paid and Discharged to her and her Heirs forever And Lastly I do nominate and Appoint my Daughter mary Simmons Executrix of this my Last Will and Testament, Ratifying and Confirming this and Only this to be and Contain my Last Will and Testament. In Witness whereof I have hereunto sett my hand and Seal the day and Year fir above written.

her Dianah (Z) Simmons Seal\\ mark

Seal'd Signed Published and Declared to be the Testators Last Will and Testament in Presence of Jack jurat John Wrench Mary Jones jurat

Wake County December Term 1790 The Execution of the within Will was duly proved in Open Court, by the Oaths of Joel Sane Esquire, and Mary Jones, Witnesses thereto, and order to be Recorded. H. Sane C.C.

Recorded in the Clerks Office in the County of Wake, in Book C. and page/121/the 20th day of February 1791. ^[5]

Notes

Will of John Herbert dated 24 Apr 1728, pr. Aug 1728 there were children:

1. HERBERT, Peter, b. Of Princess Co. Va. d. Aft 1766

2. HERBERT, Thomas, b. Bef 1716, Of Princess Co. Va., d. 1735, Of North Carolina, (Age 19 years)

3. HERBERT, Willoughby, b. Aft 1718, Of Princess Co. Va, d. Aft 1774, Va (Age > 56 years)

4. HERBERT, IV - Shipwright John IV - Shipwright, b. Bef 1727, Of Princess Co. Va.,,,,,,,, d. Aft 1761 (Age > 35 years)

5. HERBERT, Margaret, b. Bef 1728, Of Princess Co. Va

6. HERBERT, Dinah, b. Bef 1728, Of Princess Co. Va

7. HERBERT, Violet, b. Bef 1728, Of Princess Co. Va

8. HERBERT, Ann, b. Bef 1728, Of Princess Co. Va ^[6]

Died Y. 20 FEB 1790. Wakefield, Wake, NC, USA. Age: 71-72.

Sources

1. ↑ https://archive.org/stream/herbertinengland00walt#page/n22/mode/1up
2. ↑ "North Carolina Revolutionary Pay Vouchers, 1779-1782", , FamilySearch (https://www.familysearch.org/ark:/61903/1:1:Q2WT-5YKK : Wed Oct 04 01:22:48 UTC 2023), Entry for Dinah Simmons, 16 Dec 1780.
3. ↑ http://familytreemaker.genealogy.com/users/s/n/e/Herman-W-Snell/GENE5-0004.html
4. ↑ http://familytreemaker.genealogy.com/users/s/n/e/Herman-W-Snell/GENE5-0004.html
5. ↑ http://familytreemaker.genealogy.com/users/s/n/e/Herman-W-Snell/GENE5-0004.html
6. ↑ http://tng.glennthomas.us/getperson.php?personID=I176210015&tree=gthomas

• http://files.usgwarchives.net/nc/wake/wills/wills02.txt

• "North Carolina Revolutionary Pay Vouchers, 1779-1782," database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:Q2WT-5YKK : accessed 31 July 2019), Dinuh Simmons, 16 Dec 1780; citing Wake, North Carolina, United States, State Archives of North Carolina, Raleigh.

• http://genforum.genealogy.com/herbert/messages/516.html

• North Carolina Probate Records, Wake County, 1790

Herbert in England & Virginia, 1399-1900