Herbert Ancestry

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Mary Bennett and Thomas Willoughby, Jr. - timeline and legal proceedings - and proof of relation to Herberts

Source:
Walter: Capt. Thomas Willoughby chart

• 16S3 - Mary Bennett transported to Lower Norfolk County by Thomas Willoughby, Jr. (Capt. Willoughby has been out of the Colony almost 4 years).
• Sep 165* - Mary Bennett to dispose of herself within the Colony untill she is brought to bed and for one month after, and then to return to Capt. Willoughby's service.
• 15 Nov 1654 - Mary Bennett's action against Thomas Willoughby, Jr., referred to the next Court.
• 15 Dec 1654 - Capt. Thomas Willoughby gives Mary Bennett one heiffer of two years old for the use of the child she now hath.
• 15 Doc 1654 - Thomas Willoughby, Jr., is presented for comlttlng fornication with Mary Bennett, singlewoman, his fathar's servant.
• 15 Dec 1654 - by joynt consent between Capt. Thomas Willoughby and Mary Bennett, she is to have her freedom upon paying 300 lb tob & caske in Mar 1654/5 and another 300 lb tob & csske 10 Jan 1655/6
• 17 Dec 1655 - Thomas willoughby, Jr., is fined 300 lb tob for fornication
• Will of John Herbert I
  [will dated] 15 Jan 1669 [will probated] 16 Apr 1675 - "my sonne Jno: Herbert "my clear ground and housing, as much as will be his equall proportion amongst ye rest of my wife's sonnes"
  "to ye rest of my wife's sonnes all the remayning part of my land equally to be divided amongst them and to ba delivered at the age of 21 years"
  "if that child my wife now goes with bee a boy then his share to equall all the rest"
  "if any of the aforesaid children shall dye before they attayn to the age aforesaid or without heirs, his or their part to returns to those that shall survive"
  1/3 of personal & real estate to well beloved wife, Mary Herbert during her natural life or marriage.
  the other 2/3s to be divided betwean "all of ay wifes children that is now living, and in caas any of them die in their minority then his or theire part to return to the rest of the said chlldren."
• will of John Herbert II
  1679 [will probated] May 1679 - leaves his land to "sonne John and If the child in esse be a boy then he is to have the other half" (the child in esse was Thomas) He empowers his brother (1/2 bro.) Thomas Willoughby to see that his children are not wronged. (There can be little doubt that Thomos Herbert was named for Thomas Willoughby)
• 20 Jun 1682 recorded 15 Aug 1691 - Division of the Land of John Herbert I, John Herbert II is dec'd and his children are living with Henry Dale. The Division of the Land ia made according to the will of John I.
  
  1/3 to the orphans of John Herbert, son & heirs of John Herbert, Sr., both deceased, now living with Henry Dale.
  
  1/3 to Richard Herbert (the child in eaaa in 1669)
  
  1/3 to Thomas Willoughby
  (The above prove that John Herbert II, Richard Herbert and Thome Willoughby are the sons of Mary Herbert, relict of John Herbert.
• Mar 1691/2 [will probated] 15 Jen 1693/4 Nun. will of Richard Herbert who "did give all of his estate to hia brother (1/2 bro.) Thomas Willoughby"
• 14 Nov 1696 - John Herbert's (III) (heir of his grandfather & father John Herberts decd) deed to Thorns Willoughby, Sr., according to the will of his grandfather dated 15 Jan (Mutilated). John is selllng land according to the true intent and meaning" (of the grandfather's will no doubt)
• 19 Nov 1698 - Thomas Willoughby'a deed to Cozen (1/2 nephew) John Herbert Selling land that was supposed to be given (mutilated) dated 15 Jan 1669 (this date is date of John Herbert I's will)

(The above two deeds, although badly mutilated, show that there are some default in the division of the land and John and Thonas are re-establishing their property lines. The deeds are also further proof that Thomas Willoughby is the son of Mary Herbert, relict of John Herbert I.)

Source:
Walter: Capt. Thomas Willoughby chart