John Havens Jr. (abt. 1728 - bef. 1780)

Born about 1728 in Kent, Maryland [uncertain]

Descendants

Died before 7 Nov 1780 before about age 52 in Montgomery, Virginia, United States

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Biography

John Havens Jr. served with Montgomery County, Virginia Militia during the American Revolution.

John Havens, Jr. was born about 1726/8; he was the son of John Havens, Sr., who had emigrated from N. Ireland (from Scotland).^{[citation needed]} [See Research Notes below regarding spelling of surname.]

About 1754, John Havens married Mary Henderson. The marriage date is estimated based on the age of their oldest known child, William Havens (born about 1755 based on estimates from other records that suggest his year of birth [e.g., a William Haven was recorded as a tithable in 1771 on the New River (see Kegley, Tithables ].

About Mar 1770 in Virginia,^[1] John Heavin and his brother, Howard Heavin, were deeded by their father, John Heavin, Sr., and his current wife, Sarah Heavin, 330 acres of land on the south side of the "Woods River" (since at least 1800 called the "New River"), also called the lower Horsehoe because of its distinctive shape. (See map drawn by Mary B. Kegley depicting location of land.)

On 7 Jul 1773 in Fincastle County, Virginia,^[2] John Haven was appointed by the Fincastle County Court the "constable on the waters of New River".

On 23 Mar 1774 in Botetourt County, Virginia,^[3] John Heavin's father, John Heavin, Sr., signed his last will. In this will, he identified the following heirs and bequeathals:

• Sarah, wife, ‘‘the woman I now have as my wife is to have her thirds thereon for life and no longer."
• James Heavin, son, 400 acres "I now live on", to be split equally with Mary Findley
• Mary Findley, daughter, 400 acres "I now live on", to be split equally with James Heavin
• Howard Heavin, son, co-executor of will with John, (land already given on New River)
• John Heavin, son, co-executor of will with Howard, (land already given on New River)

On 3 May 1774 in Fincastle County, Virginia,^[4] John Haven certified to the Fincastle County Court that he had produced 426 pounds of "Winter Rotted hemp".

On 4 Feb 1775 in Fincastle County, Virginia,^[5] John Heavin had a survey done of 176 acres of land in "Sugar Tree Bottom, waters of New River and on west side thereof".

On 7 Mar 1775 in Fincastle County, Virginia,^[6] John Haven (along with 18 other local residents) was ordered by the Fincastle County Court to ". . . work and keep the [road from Strouples Creek to the upper corner of Michael Prices field] in repair according to Law."

On 8 Jan 1777 in Montgomery County, Virginia,^[7] John Heavin was ". . . appointed overseer of the road from Strubles Creek to the upper End of Michael Prices Field in the room of John Hill & that he with the usual hands keep the same in repair according to Law."

On 2 March 1779 in Montgomery County, Virginia,^[8] "Ordered that John Havens be appointed Overseer of the Road from Peppers Ferry to the forks of the Road above Prices, and that with the usual Tithables he keep the same in good repair."

On 10 Jun 1777 in Fincastle County, Virginia,^{[9] [10]} John Haven signed his last will and testament. In that will, John Haven made the following bequeathals to members of his family:

1. Mary, beloved wife - various items of furniture
2. James Haven, son - Executor of of will; part of "dwelling plantation"; equal share of stock (divided amongst all of John's children); equal share of stock; pay 15 pounds to be equally divided to his 5 sisters
3. Rebeckah, daughter; equal share of stock
4. Margaret, daughter; equal share of stock
5. Ruth, daughter; equal share of stock
6. Rhody, daughter; equal share of stock
7. Elizabeth, daughter; equal share of stock
8. William Haven, son; track of land
9. Richard Haven, son; "lower end of dwelling plantation"; equal share of stock; pay 15 pounds to be equally divided to his 5 sisters
10. Joseph Haven, son; equal share with his siblings

As such, his land on the Horseshoe was to be divided between his sons James and Richard; he bequeathed land on Walker's Creek to his son William. Of note, 1 of 3 witnesses to the signing of the will was "James Havens", who was most likely John's brother (rather than John's son).

Note - Fincastle County, Virginia had a relatively brief existence as a county.^[11] It was created on 8 Apr 1772 out of Botetourt County, and then in December 1776, it was carved into 3 new counties: Montgomery, Washington, and Kentucky. As such, when John Haven signed his last will and testament, he actually was no longer living in Fincastle County, but rather living in Montgomery County. However, it is unclear whether John Haven knew about the change in counties at the time he wrote his will.

Militia & Millitary Service

John Havens Jr. is an NSSAR Patriot Ancestor.
NSSAR Ancestor #: P-328939
Rank: Private

John Havens may have participated in the Battle of Point Pleasant on October 10th, 1774,^{[12] [13] [14]} considered by some to be the first battle of the American Revolution. Of note, there is no official source for those who served in this battle,^[15][14] and Simpson-Poffenbarger^[13] does not state any specific sources for how she developed her list, which includes John Havens. In contrast, there is another list of men from Botetourt County, Virginia who served in the Battle of Point Pleasant,^[16] but it does not list anyone with the surname of Havens or variant spellings thereof. Similarly, a compilation of 7 sources listing rosters of the different companies that served does not list anyone with the surname 'Haven' or spelling variants thereof.^[17] Further, the Sons of the American Revolution (SAR) published in 2015^[15] a monograph highly critical of the Simpson-Poffenbarger list,^[13] which was the basis for the "Authorized Roster' (for which Ms. Simpson-Poffenbarger was the chair of the committee). With that said, John Heaven did receive payment for 9 days of service in Captain Joseph Cloyd's Company from Fincastle County during Dunmore's War.^[12] As such, it is unclear whether John Havens actually served at the Battle of Point Pleasant or was just part of a militia for a period time which served in some capacity. [See Research Notes below regarding the Battle of Point Pleasant.]

During the American Revolutionary War, John Havens and his brother, James Havens, enlisted with the ranks of Private in Captain Daniel Smith's Company of Militia from Fincastle County, Virginia.^[18]

On 2 Dec 1777,^[19] William Preston wrote a letter to Col. William Fleming, which included the following synopsis: "Late success of the American arms; death of Cornstalk; refusal of Captain Burk and his company to take oath of allegiance; Price, Bane, Shull, and the Heavins are the ring leaders of the Tories; Jefferson's opinion to be asked on a matter relating to Colonel Patton's will."

In 1780, John and his two sons, James and William, were charged with treason, even as they were enlisted in the local militia during the Revolution. Perhaps, they were assumed guilty by association with John's brother Howard, who was found guilty of being a Tory sympathizer. John and James agreed to take an oath of Allegiance to Virginia for acquittal, and William agreed to enlist in the Continental Army. There is no evidence son Richard was involved. He was probably too young. [Kegley]

On 22 Jul 1780 in Montgomery County, Virginia,^[20] John Heavin wrote a letter to Willam Preston, in which John stated he had received the letter from ". . . Price concerning destruction of his property; avows his innocence of any offense; he and his neighbors desirous of peace; refuses to take the oath; asks compassion on his wife and children."

Death & Probate

On 7 Nov 1780 in Montgomery County, Virginia,^[21] the Montgomery County, Virginia Court appointed Joseph Gray Gent., to replace John Havin (deceased), as the overseer of the road from Peppers Ferry to the fork of the Road above Prices field. As such, John Havin died prior to that date.

On 6 Aug 1782 in Montgomery County, Virginia,^[22][9] the will of John Haven (deceased) was proved in Montgomery County Court, and probate was initiated along with an order to appraise the estate of John Haven (deceased). [See Research Notes below regarding the Find a Grave profile for John Havens, Jr.]

In 1783,^[23] an inventory and appraisal of the estate of John Havens (deceased) was made. The record of the inventory and appraisal was undated, but records immediately preceding and following were mostly dated in 1783 or later. As such, it is estimated that this inventory & appraisal occurred about 1783.

Marriage & Children

Husband: John Heavin

Wife: Mary UNKNOWN

Child: James Haven

Child: William Haven

Child: Elizabeth Haven

Child: Rhoda Haven

Child: Ruth Haven

Child: Rebecca Haven

Child: Margaret Haven

Child: Richard Heavin

Child: Joseph Haven

Marriage:

Date: 1754^[24]

Research Notes

• spelling of surname - John's surname, Havens, was spelled in a multitude of ways at different times and in different documents/records/sources. The known variations include: Haven, Havens, Heavin, Heavins, etc. It is unclear whether there is/was a "correct" spelling, which is of course common for many surnames that changed and evolved with time and different family generations. In the current WikiTree biography, I have used the spelling as presented in a given document, and otherwise used Havens (arbitrary, but reasonable). Hiestand-529 00:40, 25 June 2022 (UTC)
• Battle of Point Pleasant^[25] - "The Battle of Point Pleasant was the first conflict waged by the American Colonists in defense of the Colonies, wherein they met in battle the allies of the English, the great federated Indian tribes, commanded by Chief Cornstalk. It was the deadliest battle ever waged by red men since the discovery of America. It was incited by Dunmore, the Tory Governor of Virginia, and his trusted lieutenants.
• That the status of that battle was not generally known following its occurrence is due to the fact that that branch of the Army, in what is known as Dunmore’s War, commanded by General Andrew Lewis, was for the major part recruited en route to Camp Union, as they were on their way to the mouth of the Kanawha, (the place agreed upon for the uniting of the two wings of the Army, the other wing commanded by Dunmore in person), and thus no official roster was prepared. The Army was made up of his kinsmen, personal friends and associates, and they in turn enlisted their friends. They were the flower of the citizens west of the Allegheny Mountains. General Lewis was convinced, if not before, then immediately following, of the treachery of Lord Dunmore. Following the battle General Lewis refused to obey his orders, and thus became the first American officer to disobey a superior British officer." (1)
• Find a Grave - there is a Find a Grave profile for John Havens, Jr.,^[26] however, it does not include a photo a grave stone or marker to confirm the listed dates of birth and death. With that said, it does include an image of will by John Havens, Jr.,^[9] which was proved in court on 6 Aug 1782. As such, it is reasonable to estimate that he died in the summer 1782 and in Montgomery County, Virginia.

Sources

1. ↑ Summers, Lewis Preston, "Annals of southwest Virginia, 1769 - 1800", database with images, HathiTrust (https://babel.hathitrust.org/cgi/pt?id=uva.x000213451&view=1up&seq=588&skin=2021); accessed 18 Jun 2022, Original data: Summers, Lewis Preston, "Annals of southwest Virginia, 1769 - 1800", self-published, Abingdon, Virginia, 1929; citing page 534, entry for John, Sr. & Sarah Heavin deeding land to sons Howard & John Heavin
2. ↑ Summers, op. cit., (https://babel.hathitrust.org/cgi/pt?id=uva.x000213451&view=1up&seq=664&skin=2021), page 614
3. ↑ Kegley, Mary B. and Kegley, F. B., "Early Adventurers on the Western Waters, Volume I, The New River of Virginia in Pioneer Days, 1745 - 1800", Green Publishers, Inc., Orange, Virginia, 1980. page 227, description of will of John Heavin, Sr. (dated 23 Mar 1774); Original data: Botetourt County, Virginia, Will Book H, p. 211
4. ↑ Summers, op. cit. (https://babel.hathitrust.org/cgi/pt?id=uva.x000213451&view=1up&seq=676&skin=2021); page 615
5. ↑ Summers, op. cit. (https://babel.hathitrust.org/cgi/pt?id=uva.x000213451&view=1up&seq=717&skin=2021&q1=heavin); accessed 18 Jun 2022, citing First Surveys of Land, Fincastle County, page 663, entry for John Heavin
6. ↑ Summers, op. cit. (https://babel.hathitrust.org/cgi/pt?id=uva.x000213451&view=1up&seq=694&skin=2021&q1=haven); accessed 18 Jun 2022, citing page 640, entry for John Haven
7. ↑ Spillman, Betty E., Thomas, Shirley P., & Miller, Ann Brush, "Montgomery County Road Orders 1777 - 1806", Virginia Transportation Research Council, Charlottesville, Virginia, June 2008, VTRC 08-R14, available online (https://www.virginiadot.org/vtrc/main/online_reports/pdf/08-r14.pdf); accessed 22 Jun 2022, citing page 1, entry for John Heavin; Original data: Montgomery County Order Book 2, p. 154
8. ↑ Spillman et al., op. cit., page 5, entry for John Havens; Original data: Montgomery County Order Book 2, p. 180
9. ↑ ^{9.0 9.1 9.2} "Virginia, U.S., Wills and Probate Records, 1652-1900", database with images, Ancestry.com (https://www.ancestry.com/imageviewer/collections/62347/images/007645566_00481); accessed 23 Mar 2022, citing General Index to Deeds, 1773-1933; Deeds, 1773-1868; Wills, 1773-1797; Author: Montgomery County (Virginia). County Clerk; Probate Place: Montgomery, Virginia; last will of John Haven listing his son, Richard Haven
10. ↑ Summers, op. cit. (https://babel.hathitrust.org/cgi/pt?id=uva.x000213451&view=1up&seq=1009&skin=2021&q1=haven); accessed 18 Jun 2022, citing Montgomery County, Briefs of Wills, page 943, will of John Haven
11. ↑ "Fincastle County", Library of Virginia (https://www.lva.virginia.gov/public/local/locality.asp?CountyID=VA087); accessed 26 Mar 2022
12. ↑ ^{12.0 12.1} "Dunmore's War Payroll and Service Claims", database with images, Library of Virginia (https://lva.primo.exlibrisgroup.com/discovery/fulldisplay?docid=alma990012282310205756&context=L&vid=01LVA_INST:01LVA&lang=en&search_scope=MyInstitution_noAER&adaptor=Local%20Search%20Engine&tab=LibraryCatalog&query=any,contains,heav*&sortby=title); accessed 20 Jun 2022, citing Payroll Claims, Fincastle County, Company commander: Capt. Joseph Cloyd, page 257, entry for John Heaven, 9 days of pay
13. ↑ ^{13.0 13.1 13.2} Simpson-Poffenbarger, Livia Nye, "The Battle of Point Pleasant: A Battle of the Revolution, October 10th 1774, Biographical Sketches of the Men who Participated", The State Gazette, Point Pleasant, West Virginia, 1909; available online from Google Books (https://www.google.com/books/edition/The_Battle_of_Point_Pleasant/XORKAAAAYAAJ?hl=en&gbpv=0); accessed 18 Jun 2022, citing page 89, entry of John Havens as a participant in the battle.
14. ↑ ^{14.0 14.1} "Known Participants in the First Battle of the American Revolution", website, Point Pleasant, West Virginia State Park (https://pointpleasantwv.org/Parks&Campgrounds/StateParks/TuEndiWei/ListOfParticipants.htm); accessed 20 Jun 2022, citing "Authorized Roster", Concurrent Resolution No. 17, Legislature of West Virginia, March 1,1935, entry for John Havens
15. ↑ ^{15.0 15.1} Sinks, John D., "Proving Service at the Battle of Point Pleasant for Sons of the American Revolution", Sons of the American Revolution (SAR) (https://www.sar.org/wp-content/uploads/2019/10/Proving-Point-Pleasant-Service.pdf); accessed 20 Jun 2022
16. ↑ Burton, Charles T., "Botetourt County, Virginia, its men, 1770-1777", Troutville, Virginia, 197?, self-published, citing list "At Point Pleasant", images # 49 - 52 of 52; Original data: "Botetourt County Tithable Lists, Volume I", Botetourt County Circuit Record Vault,
17. ↑ "Soldiers at the Battle of Point Pleasant", database, WVGenWeb Project (https://www.wvgenweb.org/mason/roster.html); accessed 20 Jun 2022
18. ↑ "Annals of Southwest Virginia, 1769-1800", database with images, Ancestry.com (https://www.ancestry.com/imageviewer/collections/49061/images/FLHG_AnnalsSouthwestVAPart2-0489); accessed 18 Jun 2022, citing Original data: Summers, Lewis Preston. "Annals of Southwest Virginia, 1769-1800." Baltimore, MD, USA: Genealogical Publishing Co., 1996; pages 1422 - 1423, Section: A List of Captain Daniel Smith's Company of Militia in Fincastle County: entries for John Havens and James Havens
19. ↑ Preston & Virginia Papers, op. cit., page 213 (https://archive.org/details/prestonvirginia00madirich/page/212/mode/2up?view=theater&q=heavin), entry of Heavins in letter from William Preston to Willam Fleming [2ZZ88]
20. ↑ State Historical Society of Wisconsin, "The Preston and Virginia Papers of the Draper Collection of Manuscripts", State Historical Society of Wisconsin, Calendar Series, Volume 1, Madison, published by the Society, 1915; available online, Internet Archive (https://archive.org/details/prestonvirginia00madirich/page/130/mode/2up?view=theater&q=heavin); accessed 25 Jun 2022, citing pages 130-131, synopsis of letter from John Heavin to William Preston (5QQ42)
21. ↑ Summers, op. cit. (https://babel.hathitrust.org/cgi/pt?id=uva.x000213451&view=1up&seq=803&skin=2021); page 745, appointment of Joseph Gray Gent., to replace John Havin (deceased), as the overseer of the road from Peppers Ferry to the fork of the Road above Prices field
22. ↑ Summers, op. cit. (https://babel.hathitrust.org/cgi/pt?id=uva.x000213451&view=1up&seq=840&skin=2021&q1=haven); accessed 18 Jun 2022, citing page 778, entry for proving of will of John Haven (deceased) and initiating appraisal of estate of deceased
23. ↑ "Virginia, U.S., Wills and Probate Records, 1652-1900", op cit., (https://www.ancestry.com/imageviewer/collections/62347/images/007645566_00485); accessed 16 Jun 2022, citing page 61, inventory and appraisal of estate of John Havens (deceased)
24. ↑ Source: #S609 Data: Text: He married 743. Mary ^ Henderson Bef. 1754.
25. ↑ Simpson-Poffenbarger, op. cit.
26. ↑ Find a Grave, database and images (https://www.findagrave.com/memorial/212534512/john-heaven : accessed 17 June 2022), memorial page for John Heaven Jr. (1732–Aug 1782), Find a Grave Memorial ID 212534512, ; Maintained by Always Searching (contributor 47332759) Burial Details Unknown.

See also

• Kegley, Mary B. and Kegley, F. B., "Early Adventurers on the Western Waters, Volume I, The New River of Virginia in Pioneer Days, 1745 - 1800", Green Publishers, Inc., Orange, Virginia, 1980
• Kegley and Kegley, op. cit., pages 227 - 231, Havens family, images, WikiTree (https://www.wikitree.com/photo/pdf/Havens-400); accessed 18 Jun 2022
• Soldiers of Fincastle/VA 1774. MB Kegley p34.
• Militia of Montgomery/VA MB Kegley p45.
• FamilySearch Profile for John Haven, Jr.
• Sons of the American Revolution, Patriot Research System profile for John Havens, Jr.

Acknowledgements

• WikiTree profile Heavin-8 created through the import of 60a.GED on Jan 11, 2012 by Michael Lechner.