John HERBERT^[1]

1718 - 1761  (43 years)

• Name	John HERBERT
  Birth	c. 1718	Norfolk Co, Virginia Colony   [2]
  	The 10 June 1734 Tithables for the Southern Branch precinct of Norfolk County, VA, listed John Herbert for the first time. He was not enumerated with his father and older brothers during any prior year. It may, therefore, be assumed that he reached the age of sixteen between June 1733 and June 1734. The estimate of his birth date is based on this information.
  Gender	Male
  comment	22 Nov 1745	Elizabeth City Co, Virginia Colony   [3]
  	John was apparently residing in Elizabeth City Co. by 22 Nov 1745 when he filed a lawsuit against a John Allen for payment of a debt.
  comment	Oct 1749	Lower Norfolk Co, Virginia Colony   [1]
  	John inherited a small plantation from his father, Capt. Thomas Herbert of Norfolk Co, VA, in Oct 1749. The property, known as Point of Marsh and located in Norfolk Co. at the mouth of Julians Creek, had belonged to Thomas' father, John Herbert, who had died in 1679.
  Death	1761
  	John died during the Spring of 1761.
  Will	1 Mar 1761	Elizabeth City Co, Virginia Colony   [4]
  	John named his wife Judith as executrix of his will. William King, Mary King & Rebecca Fitzpatrick witnessed the document. John noted in his will that all of his children were, on that date, under legal age.
  will probated	2 Jun 1761	Elizabeth City Co, Virginia Colony   [4]
  COMM	28 May 1767  [5]
  	AD
  	A notice in the 28 May 1767 issue of The Virginia Gazette stated that the Norfolk County plantation of John Herbert, dec'd, of Elizabeth City County was to be sold by his widow, Judith Herbert. The sale of this property had been authorized by John in his 1761 will as a means to pay any debts which he might have at the time of his death. NEED TO INCLUDE INFO CONCERNING JUDITH'S SALE & PURCHASE OF THIS PROPERTY.
  Person ID	I554	mason
  Last Modified	22 Jul 2026

  
  

  Father	Capt. Thomas HERBERT,   b. 1679, Virginia Colony d. 1749 (Age 70 years)
  Mother	Margaret MARKHAM,   b. After 1673, Virginia Colony d. c. 1749 (Age 75 years)
  Marriage	Before 15 May 1709  [6]
  	The couple had married prior to 15 May 1709, when they jointly sold property to Edward Llewellyn.
  Family ID	F18	Group Sheet  |  Family Chart

  
  

  Family	Judith CURLE,   b. After 15 Feb 1721/2   d. 1779 (Age 56 years)
  Marriage	c. 1746  [1, 4, 7]
  	Capt. Thomas Herbert's Norfolk County will of 17 Jun 1749 named John and Judith's eldest child, Margaret and alluded to a second child in his son John's family that had been conceived, but had yet to be born. Using this knowledge and applying the generally accepted rule of thumb that prior to 1850 a couples's first child arrived within a year of marriage and subsequent births usually occured at two year intervals thereafter [the intervals grew slightly as a woman aged], John and Judith's marriage date may be estimated as c. 1746.
  Children	1. Margaret HERBERT,   b. c. 1746/1747, Virginia Colony d. Bef 11 Jun 1777 (Age < 30 years)   2. John HERBERT,   b. c. 1749/1750, Virginia Colony d. Bef 1784 (Age < 33 years)   3. Lieut., military rank; Capt., civilian occupation Pascow HERBERT,   b. c. 1753/1754, Virginia Colony d. 21 May 1801 (Age 47 years)   4. Capt., navy rank Thomas HERBERT,   b. c.1755, Virginia Colony d. 1 May 1799, Portsmouth, Norfolk Co, VA   5. Rosea Tyler HERBERT,   b. c.1758, Virginia Colony d. 10 Feb 1782-26 May 1785   6. Joshua Curle HERBERT,   b. Before Mar 1761, Virginia Colony d. Before May 1799
  Family ID	F45	Group Sheet  |  Family Chart
  Last Modified	22 Jul 2026

  
  

• Sources

  [S169] Charles Fleming McIntosh, compiler, McIntosh, Brief Abstracts of Norfolk County Wills 1710 - 1753, ((1922, Rpt. Easley, SC: Southern Historical Press, 1982)), pp. 227-228: Thomas Herbert will., ISBN 0-89308-324-0. [S2920] Elizabeth B. Wingo and W. Bruce Wingo, compilers, Wingo & Wingo, Norfolk County, Virginia, Tithables 1730 - 1750, (Norfolk, VA: by the compilers, 1979), pp. 11, 31, 65, 98, 135, 165, 190, 191. . [S4808] lawsuit / Herbert v. Allen, Elizabeth City Co, VA. [S4745] Elizabeth City Co, VA [Loose] Wills Volumes 1-3 (Nos. 1-396), 1701-1859, item 119 & Deeds & Wills "E", 1758-1764, pp. 252-254. [S4132] Robert K. Headley, Jr., compiler, Headley, Genealogical Abstracts from 18th-Century Virginia Newspapers, ((Baltimore, MD: GPC, 1987)), p. 162. [S4859] Thomas Herbert et ux to Lewlelin, deed (1709), Norfolk Co, VA Deed Book 8, f. 66. [S4744] will / Herbert, Judith [dated 1779].