HELP NEEDED re Norfolk Co. Richard and Edward Lewellin

Billie Harris - Aug 16, 2008

Could someone help explain why Richard and Edward Lewellin were named as beneficiaries in this Will:   (I'm putting this info in chron order)

1679
William and Mary College Quarterly, page 148, vol 8 shows:
“…In Norfolk county, Va, there was a family of Herberts at an early date.   John Herbert made his will in 1679, and left his estate, after his wife, to his son John and the child unborn.   His wife was to enjoy the estate as long as she lived.   Should the children die, then his estate was to go to RICHARD and EDWARD LEWELLIN.   Names his “brother Thomas Willoughby”. ....
NOTE:   John Herbert (possibly born abt 1630) Land Grant in 1667 in Lower Norfolk Cty for 1227 acres. Made his will 15/Jan/1669; A.P. April 1675.   Married Mary (?) living in VA in 1671.   This shows he was living in Norfolk BY 1667, twelve years before he died.

1728:
   John Herbert names his son, John.   There was a John Herbert who died 1728.   The abstracted will of John Herbert dated 24 Apr 1728, pr. Aug 1728 there were children: Richard who he gave land in Norfolk Co, VA; Thomas, Willoughby (land in Norfolk), John, Peter, Elizabeth Batcheler, Mary Suggs, and Dinah (we have been told she married John Simmons of Wake; she apparently was a child in 1728); Margaret, Violet, and Anne. Wife Elizabeth.

1749:
Thomas Herbert, ‘aged and weak’ made his will in 1749, and hames his sons Mareom, Thomas, Henry, John, William, Hillery, dau. Margaret Tucker, grandson Nathaniel, son of son Thomas, grand-dau, Courtney, dau of Markeon, granddau Elizabeth, wife Margaret and uncle Richard Herbert.”



From the above, it appears John Herbert (died 1679) had a son John and an unborn child.   His wife was probably a Willoughby in that he names his "brother" Thomas Willoughby.   His son, John named one of his children Willoughby which was no doubt his mother's maiden name.   The unborn child was probably Thomas who died 1749 since he was "aged and weak" when he made his Will.


My question:   WHY would John Herbert give his estate to Richard and Edward Lewellin if his children didn't survive?   Obviously they did, but why, of all people, would he give it to Richard and Edward?   It seems that he would give it to his wife's family.

Anyone have any ideas on this?