Submitted By:  Alexis Spiritas                     Date: 15 July 2003
E-mail Address: spiritas@sbcglobal.net
 

FATHER
Name:  John Herbert
Birth Date/Place:  ca 1760
Marriage Date/Place: 1806/Hancock Co. Ga(see bio of Amanda Hutchinson below)
Other Marriages: Sarah Cook, Mary Cook Hutchinson
Military Service: Revolutionary War
Death Date/Place:  bef. 8 November 1826/Hancock Co. GA
Father's Father(Name and Birthdate):  Thomas Herbert/b. ca 1735/d. bet. 2 April & 27 May 17991
Father's Mother(Name and Birthdate):  Jemima Dawkins?/b. ca 1738/ d. bef. 2 April 17991

MOTHER
Name:  Delitha Stanton? Tyson
Birth Date/Place: ca 1760/ prob. NC
Other Marriages: Job Tyson (see bio of Amanda M. F. Herbert for documentation)
Death Date/Place: by 1821/prob. Butler County,AL
Mother's Father (Name and Birthdate):  James Stanton?2
Mother's Mother (Name and Birthdate):  Elizabeth Thweatt?2

CHILD 1.
Name:  Amanda M. F. Herbert (see attached bio for documentation)
Birth Date/Place: bet. 2 June and 12 July 1807/prob. Hancock County, GA
Spouse's Name:  Burrell Brown Hutchinson
Marriage Date/Place: ca 1825/Butler County, AL
Other Marriages:
Death Date/Place: 15 August 1888/Brenham, Washington Co., TX

1Will of Thomas Harbirt (Herbert) Will Book AA, pp. 79-83, Hancock County, GA.  The will names no wife.  However, Thomas and Jemima Herbert sold land in Edgecombe County, NC in 1771.  George Dawkins lived nearby and sold his land in 1773.  Both George Dawkins and Thomas Herbert wind up in Newberry County, SC, where Thomas has a number of associations with the Dawkins family.  I have not personally carried further the research of these lines, but other researchers have claimed that Jemima was the daughter of George Dawkins.

2Other researchers have made this claim of parentage of Delitha.  I have not been able to prove or disprove it.

Remaining documentation is outlined below in a biographical sketch of Amanda M. F. Herbert Hutchinson.
 
 
 

Amanda Herbert was born between 2 June and 12 July 1807 in Georgia.   She died 15 August 1888 in Brenham, Washington County, Texas, and was buried in Prairie Lea Cemetery.    Between those dates, she led a most interesting life, leaving Georgia with her family at a young age to settle the newly opened territory of Alabama, and then moving, as a young bride with small children, to the Republic of Texas.

I believe that Amanda M. F. Herbert was the daughter of John Herbert and Delitha (Stanton?) Tyson Herbert.  Circumstantial evidence suggests this to be true.  By about 1794, John Herbert and his wife, Sarah (Cook?) Herbert were living in Hancock County, GA, as were Delitha Tyson and her husband Job.   Delitha and Job had probably moved from Pitt County, NC, while John and Sarah Cook Herbert came from Fairfield County, SC, with Sarah?s father and brothers.    By 1803, Job had died, and it appears that Sarah died sometime between 1799 and 1806 when John had married the widow, Delitha Tyson.

As described above, Amanda M. F. Herbert was born in June or July of 1807 in Georgia.  Certainly that set of facts alone does not convincingly place her in the family of John and Delitha.  However, as early as October, 1821, John Herbert (possibly representing Delitha), along with the children of Job and Delitha Tyson, was sued by Green and William Williamson, administrators on the estate of Zerobable Williamson, decd.   Although the exact nature of the case is unclear from existing records, the case continued for a number of years.  It was finally dismissed in 1828, but by the October Term 1826, Malvina Fluellen Herbert had been made a party to the case.   If Amanda M. F. Herbert is actually Malvina Fluellen Herbert, as I believe, she would only be about 19 years old when this occurs.  It suggests that perhaps Delitha has died and that Malvina has some amount of money coming from Delitha?s estate (as would John Herbert), which came in part from the estate of Job Tyson, thus making her relevant to the lawsuit.

There is additional circumstantial evidence to support this hypothesis.  By January, 1818, John Herbert had bought land in Butler County, AL, and was soon living there.   Living next door to John Herbert was the widow of Thomas Hutchinson, Mary (Cook?) Hutchinson, the sister of Sarah (Cook?) Herbert.   Mary and Thomas Hutchinson?s youngest son, Burrell Brown Hutchinson, who was living with his mother Mary in Butler County, AL, became the husband of Amanda M. F. Herbert.     Burrell and Amanda named their first son John Herbert Hutchinson.  They also named a daughter Malvina.

Further research can always be done, but based on the facts found to date, a reasonable case can be made that Amanda M. F. Herbert Hutchinson was the child of John Herbert and Delitha (Stanton?) Tyson Herbert.

Prepared by:
Alexis A. Spiritas
(e – mail:  spiritas@sbcglobal.net)
September, 2000
 

Note:  Since the preparation of this biography, I have learned that Mary Hutchinson had married a man named Herbert by 22 September 1821 (from BLM records in the Cahabah Land Office), and I believe that man to have been John Herbert, for reasons too lengthy to add here.  If that is the case, it would offer an alternative theory as to why John Herbert and Malvina Fluellen Herbert were added to the Williamson lawsuit.  The suit originated in October 1821,and Delitha Tyson Herbert is never mentioned specifically anywhere in the suit.  John Herbert could have been joined to the suit as heir to Delitha’s portion of Job Tyson’s estate.  Then, by October 1826 when Malvina was joined to the suit, John Herbert had probably died (notice of administration on his estate was announced by 8 November 1826), making her his heir to Delitha’s portion of Job Tyson’s estate.  Under either interpretation, however, it suggests that Malvina Fluellen Herbert was the daughter of Delitha and John Herbert.