Lieut., military rank; Capt., civilian occupation Pascow HERBERT^{[1, 2, 3]}

1754 - 1801  (47 years)

• Name	Pascow HERBERT
  Title	Lieut., military rank; Capt., civilian occupation
  Prefix	Lieut., military rank; Capt., civilian occupation
  Birth	c. 1753/1754	Virginia Colony   [4]
  	The estimate for Pascow's birth date is based on evidence that he made choice of a guardian in 1768, a privilage that required the orphan to be at least fourteen years of age. Legal guradianship was required by English Law for individuals who inherited substantial estates while they were under the legal age of twenty-one years.
  Gender	Male
  orphan	29 Jul 1768	Elizabeth City Co, VA   [4]
  	On the above noted date, Pascow was named as the orphan of John Herbert, dec'd, and made choice of his mother, Judith Herbert, as his guardian before the County Court.
  REVW	1775 - 1783
  	Virginia State Navy
  Occupation	19 Nov 1790	Elizabeth City Co, VA   [5]
  	A November 1790 Indenture for 50 acres of property in Elizabeth City County, VA names Pascow as "mariner", and several subsequent deeds and indentures identify his as Capt. Herbert. ECco D/B 34, pp. 4-5, pp. 18-19, p. 109, p. 392.
  Will	24 Mar 1801	Elizabeth City Co, VA   [6]
  	Pascow's will did not name an executor. William Smith, Elizabeth Smith & Elizabeth M. Barron witnessed the document.
  Death	21 May 1801  [7]
  will probated	25 Jun 1801	Elizabeth City Co, VA   [6]
  Burial	Elizabeth City Co, VA   [7, 8]
  	Pascow's body was interred in a plot on the Herbert family property that was located about 1000 feet west of and to the rear of the house that his parents had built during the 1750s, and which he had inherited at his mother's death in 1779. There were several graves still discernible in 1937, but only Pascow's stone was somewhat legible and intact by that time. Today, his stone lies on a brick base in a tiny garden on private property located at 105 Marina Road, just off Sunset Creek, which as late as 1916 was known as Herbert's Creek. Information carved into Pascow's tombstone calls into question the estimated date for Pascow's birth. The inscription on his cemetery stone is today mostly illegible. It was, however, transcribed in 1937 by Mary Bullifant as part of a WPA program. The transcription of the epitaph noted that Pascow died on "21 May 1801 in the 60th year of his age". Using Mrs. Bullifants transcribed date, the Hampton Chapter of the DAR in 1968 placed a plaque on the stone showing that Pascow Herbert was a Lieutenant in the American Revolutionary Navy. If Pascow had died in 1801 "in the 60th year of his age", he would have to have been born in 1742. A birth date of 1742 is inconsistent with extant legal documents. According to “Dunn agst Richard Wilson et al”, Judith Curle was considered by law to be an “infant” as late as February 1742/3. And since Pascow was, at least, the third of the three eldest children, a 1742 birth date for him is implausible. But more to the point is the evidence that on 29 July 1768 Pascow made choice of a guardian in Elizabeth City County Court, a procedure required only for “infants” under the age of twenty-one years. A birth date of 1741 would have made Pascow 26 years of age in 1768. The first explanation of the age problem is that Mrs. Bullifant misread the numerals of the tombstone inscription, and that the Hampton DAR Chapter perpetuated her error. However, even today in the stone's poor condition, the numerals appear to be "60". The more probable explanation is that the information given to the stonecutter, Robert Dalrymple, years later was inaccurate. Dalrymple, born in Ayershire, Scotland in 1799, was working as a stonecutter in Norfolk, Virginia by the 1840's. Regardless of the explanation for the age noted for Pascow on his tombstone, extant documents prove that age information to be incorrect.
  Person ID	I619	mason
  Last Modified	22 Jul 2026

  
  

  Father	John HERBERT,   b. c. 1718, Norfolk Co, Virginia Colony d. 1761 (Age 43 years)
  Mother	Judith CURLE,   b. After 15 Feb 1721/2   d. 1779 (Age 56 years)
  Marriage	c. 1746  [2, 3, 9]
  	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.
  Family ID	F45	Group Sheet  |  Family Chart

  
  

  Family	Mary JONES   d. 24 Mar 1801-20 Mar 1807
  Children	1. Barbara Curle HERBERT   2. Amelia HERBERT   d. Jun 1843   3. John Jones HERBERT,   b. Abt 1787   d. 16 Apr 1833 (Age 46 years)   4. Curle HERBERT   d. Bef 23 Dec 1830   5. Thomas Jones HERBERT   d. Nov 1826
  Family ID	F49	Group Sheet  |  Family Chart
  Last Modified	22 Jul 2026

  
  

• Sources

  [S4743] will / Herbert, Rosea Tyler [dated 1782]. [S4744] will / Herbert, Judith [dated 1779]. [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. [S4991] guardianship petition / Herbert, Pascow. [S183] Joan Charles, Charles Elizabeth City Co, VA Deed Abstracts, 1787-1800, ((Bowie, MD: Heritage Books, 1994)), p. 15: Herbert / Jennings indenture., ISBN 1-55613-983-7. [S4747] will / Herbert, Pascow [dated 1801]. [S5351] Pascow Herbert ledgerstone, private property, Hampton, VA. [S1049] Barry W. Miles, Miles, Cemeteries of the City of Hampton, Virginia formerly Elizabeth City County, (Bowey, MD: Heritage Books, Inc, 1999), pp. 129-130., ISBN 0788412876. [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.