JOSEPH HAITHCOCK2409Joseph Haithcock was born in Virginia. probably of the third generation of the descendants of Thomas Hathcock. the original immigrant from England. Joseph was apparently born about 1700 although there is no record which shows his date or even approximate date of birth. Likewise. his place of birth remains unknown although it can be speculated that he was born in either Charles City or Prince George County of Virginia. It is noted, however, that the Hathcock name has not been found in the earliest records of Prince George County.
Joseph Haithcock, also spelled Heathcock and Hathcock, lived and died in the Meherrin Parish of Old Brunswick County in southern Virginia adjoining the North Carolina border. Brunswick County was not constituted as a county until 1721 and did not become operational as a county until 1732 when parts of Surry and Old Isle of Wight counties were added to Brunswick County to increase the population sufficient to justify an operational county. Hence, the sparse population of the area later known as Brunswick County prevented its complete formation for eleven years. The Northern half of old Brunswick was denominated as St. Andrews Parish and the southern half was Meherrin Parish.
The origin of Brunswick County may be traced to Charles City in 1634. Brunswick County was originally formed from Prince George and Prince George County was originally formed from Charles City County in 1702. Thomas Hathcock, the original immigrant from Lorrlon, made his land fall in Accomacshire, now Northampton County, in 1635 on Virginia’s eastern shore. No records have been uncovered to date shedding any Iight on the whereabouts of Thomas nor his family until 1732 in Brunswick County. In that year Joseph Haithcock received a colonial land grant "of 200 acres of new land on the south side of Falling Run" near John Linche's (Lynch) land. The grant was dated 28 September 1732 in the sixth year of the reign of George II. This lard is located in an area which is now Greensville County, Virginia. a few miles west of the county seat, Emporia.
There were four main tribes of Indians living in Brunswick County during this period who are referred to generally as the Tributary Indians. The main tribes were the Meherrin, the Catawba, the Appomatox and the Nottoway, the later were situated primarily in what is now county of Southampton, adjacent to Brunswick County.
The marriage records of Brunswick County offers abundant evidence that the Heathcock families intermarried with the local Indian families, and, in particular with the Indian families of Stewart, the Jeffries, and Turner. Some of these families have been traced from Brunswick County to Orange County, North Carolina where other Indian and part Indian families settled. It appears that their removal from Virginia was due to the social imignities suffered as mixed-bloods, by local Whites.
John Lynch of Bertie Precinct of North Carolina sold John Bradford of Brunswick County, Virginia, land on the south side of Fountain Creek in Brunswick County on 4 September 1733. The deed was witnessed by Joseph Heathcock along with James Francis, Walter Long, Daniel Walker, Elizabeth Hardin. and Margaret Moore.
[Note 1] John Bradford of St. Andrew's Parish had received a patent of 900 acres of land on the south side of Fountain Creek on 13 October 1727. Nathaniel Bradford, eldest
of John Bradford, sold the lard after John died in 1735.
Note 1. Brunswick County, Virginia, Deed Book 1. An earlier land grant was made to one John Hesscott in 1728 (see below). Much of the background material on Brunswick and Greensville Counties came from an excellent reference: Sketches of Greensville County, Virginia, 1650-1967. Library of Congress Card Catalog No. 68-54256. Published by Whittet & Shepperson, Richmord. Virginia (1968). Meherrin Parish did not open for settlement until about 1730. On 1 June 1733, one Jesse Heathcock of Brunswick County witnessed the deed of Richard Pace, grantor, to John Bradford, grantee. The deed conveyed a part of Richard Pace's patent of 1724.
[Note 2] The relationship of Jesse to Joseph remains unknown. It is noted, however, that Joseph's name is frequently mentioned in the Brunswick County court records for the next fifty years until he died about 1783, whereas Jesse is only mentioned in this once instance. As can be seen in the Last Will and Testament of Joseph Heathcock, he had a son named Jesse. However, the Jesse as a witness, in the 1733 deed, could hardly have been the same Jesse as the son of Joseph. More than likely he was a brother or his father.
Note 2. Brunswick County. Virginia. Will and Deed Book 1, Page 56. Joseph Heathcock was later granted 254 acres of land on the north side of Fountain Creek, 12 January 1747. in Brunswick County.
[Note 3] (On this same day Daniel Cato received a grant for 398 acres on the south side of Fountain Creek.) Joseph Heathcock bought Daniel Cato's grant of 398 acres in 1754, and owned a total of 852 acres of land in two locations. Joseph then sold both earlier parcels of this land on the north side of Fountain Creek to Daniel Cato in 1757, leaving him with 667 acres.
[Note 4] The land sold was described as being 200 acres, patented by Joseph Heathcock on 28 September 1732 on the "Falling Run" and the second parcel was, described as patented by Joseph Heathcock on 12 January 1747, and located "on the Road" in Brunswick County. A major road running from east to west and north of Fountain Creeek, was Fort Christianna Road.
Note 3. Brunswick County, Virginia, Deed Book 23, Page 165. 254 Acres North Side of Fountain Creek and Brunswick County, Virginia. Deed Book 35. Page 216, 269 acres on the south side of Fountain Creek.
Note 4. Brunswick County, Virginia, Deed Book 6. Page 132. Joseph Heathcock moved about 1757 and settled on the land purchased from Cato, which was on the south side of Fountain Creek and north of the Jordon Road (now Brink Road.) On 7 July, 1763. he received a patent for 269 acres of land also on the south side of Fountain Creek, adjacent to Richard Jones and Littleberry Robinson.
[Note 5] The total acreage of Joseph Heathcock's land at the time he died was 667 acres, consisting of the 398 acres purchased from Cato in 1757, and the patent of 269 acres he received in 1763. He probably did not sell or purchase any more land, since his Will disposed of a total of 667 acres of land.
Note 5. Brunswick County, Virginia, Deed Book 35, Page 216. On modern maps, Joseph Hathcock's plantation must have been in the area north of Highway 627 leading southwest out of Emporia, Greensville County, Virginia, somewhere between where Highway 627 crosses Fountain Creek and near the Royland School. On 28 June 1762, Joseph's son, John Hathcock of Meherrin Parish of Brunswick County, purchased 250 acres of land from Isaac Roe Walton, described as being a Part of Walton's earliest grant and beginning at a point on John Wall's corner on the Fort Road near Sexton's
[Note 6] ard George Walton's lands. John sold the same 250 acres of land to Joseph Smith of Brunswick County on 5 November 1776, the deed being witnessed by Littleberry Robinson, a neighbor of Joseph's. In 1776, John Hathcock was living in Bute County, North Carolina, a few miles south of his previous Virginia residence. From descriptions of the earlier lards held by Joseph and John Hathcock, it seems that their earliest lands may have been near if not adjacent. John Hathcock, a Revolutionary veteran, remained in Bute County, North Carolina, until Bute County was divided into Warren and Franklin Counties. Thereafter, he resided in Warren County until his death there in 1825 at the age of 103 (See Section 2.1.1.)
Note 6. Brunswick County, Virginia, Deed Book 7, Page 127. May have been James Sexton.A Northampton County, North Carolina, deed dated 23 June 1763 shows that Joseph Hathcock sold land there adjacent to the lands of Edward Hathcock. It is believed that there was a close family relationship between the two men. Possibly, Joseph was the son or brother of Edward Hathcock.
Joseph Hathcock remained in Brunswick County at least fifty years until his death, which was between the date of his last WiII and Testament, 16 October 1782 and the date it was probated in Brunswick County on 26 April 1784. It is noted that the Will of Mary Heathcock, daughter of Joseph was written in Brunswick County in 1785 but was probated in Greensville County in 1788. In 1787, a part of Brunswick County was annexed to Greensville County, suggesting that Mary Heathcock lived within that annexed Portion which now consists of the triangular part of southwest GreensvilIe County.
The Will of Joseph Hathcock
[Note 7] mentions that one of his sons was John and the others were Jesse, William, and Charles, all of whom owned or lived on adjoining lands. It also mentions his daughter, Mary, and his grandchildren, David, Howell, and Elizabeth. Joseph's wife is named as Elizabeth. The Will of Mary Heathcock, written in Brunswick County on 18 July 1785 and probated in Greeneville County 24 April 1788, names only her son Howell and her brother John.
Note 7. Brunswick County, Virginia, Deed Book 2, Page 295. It is noteworthy that in the Will of Joseph, he devised his old home place (116 acres) to his son, John, and named him as Executor. This gives rise to the speculation that John was the oldest son since naming the oldest son Executor was customary at this time. The Will further mentions neighbors of Joseph, as being Littletlerry Robinson, Drury Mitchell, and a Mr. Morris. The full text of this Last Will and Testament is found at the end of this section.
During the time Joseph Hathcock lived on south side of Fountain Creek, near Split Rock and Hog Pen Branch, from about 1757 until his death about 1783, GreensvilIe County was formed from a part of Brunswick County in February 1781. Descriptions of land indicate that Joseph's plantation in 1783 was about two miles west of the present community of Brink, on Fountain Creek and generally southwest of Emporia, Virginia. The plantation most certainly had to be located on the south side of Fountain Creek somewhere between Rockbridge School and a point about four miles west of Brink.
At the time Joseph Hathcock died, his neighbor was Littleberry Robinson, who witnessed Joseph's Will. Descendants of the Robinson family still reside in extreme southern part of Greensville County, Virginia. A Robinson Pond and a Robinson Cemetery are in the area. The oldest gravestone in this cemetery is that of Daniel Robinson, who appears on many documents relating to the Hathcocks of the period. The land of Joseph Hathcock probably can be reached by traveling on Highway 627 approximately two miles west of the community of Brink passed the Fountain Creek Church, and. turning North onto an poor public or private road which runs toward Fountain Creek about a mile before it runs out. Beyond this point, about five houses existed in 1963.
It seems clear that Joseph Heathcock and his sons remained in Virginia while other Hathcock families migrated to North Carolina before the Revolution. Other Hathcock families must have lived in Brunswick County to the west of where Joseph and his family lived, including another Joseph and his wife Mary Heathcock who may have moved to Sumter County, South Carolina.
The first census of Greensville County, Virginia, was taken in 1783. No enumeration was made in 1782 nor for the immediate years following 1783. Although Joseph Hathcock is not found in this census, his three sons William, Charles, and Jesse were each listed; William having five members in his household and Charles and Jesse each having six members. Neighbors of Joseph Hathcock included Braxton Robinson, Drury Mitchell, Richard Jones, Littleberry Robinson and Drury Jordan, who owned land adjacent to Edward Hathcock in Northampton County, North Carolina, in 1757.
Brunswick County court records give evidence of several other Hathcock, families living there before the transformation of the county and thereafter. A Stephen Hathcock is recorded on a Bill of Sale as having sold a horse to Littleberry Robinson in 1767.
[Note 8] Mary Hathcock emancipated a slave named Daniel Grain in 1793.
[Note 9] The other Joseph Hathcock and wife, Polly, sold 50 acres of land adjoining Daniel Grain to George Walton for 100 dollars in 1807.
[Note 10] This Joseph is recorded in the 1800 census of St. Andrews Parish of Brunswick County, which is the northern half of the county.
Note 8. Brunswick County, Virginia, Volume 9, Page 22. The brand was IH (with the I crossed by a bar). This mark seems to be a commonly used one and the modern interpretation of the brand is the initial "J H". It therefore could represent John, Joseph or Jesse Heathcock (see Section 2.3).
Note 9. Brunswick County, Virginia, Volume 15, Page 444. This Mary could not have been the daughter of Joseph since the Will of Joseph's daughter was probated n 1788, some five years before the date of this emancipation deed (see Section 2.2). This Mary lived in Brunswick County while, by this date, Joseph Hathcock's family was living in Greensville County.
Note 10. Brunswick County, Virginia, Volume 20, Page 169. The Court Minutes or Brunswick County show that on 25 November 1783 Joel Hathcock, son of Elisha Hathcock, was ordered by the church wardens of Meherrin Parish to be "bound out" according to law.
[Note 11] This probably imicates that Joel's mother had died and left Joel an orphan. Elisha. his father, had joined The Revolutionary War in Francis Moore's Company, 200 Georgia Battalion, organized 16 February 1777. Joel later collected 9 pounds, 6 shillings for his father's military service during the Revolution. This payment was made 12 February 1782. This would seem to indicate that Elisha had died prior to February 1782 (see Section 2.2.). Other Court Minutes in Books 9 through 18 principally pertain to minor law suits involving John Hathcock. However, Stephen Hathcock brought a law suit against Rives Barker about this time.
[Note 12] After the formation of Greensville County in 1781, its county records give even more evidence of other Hathcock families living there. In Order Book 1, dated 24 October 1788, David Heathcock made choice of Jeremiah Heathcock to be his guardian to rent out David's plantation and maintain David out of the profits until he became of age.
[Note 13] David later sold this land to Charles Hathcock, a son of Joseph Hathcock. The deed was dated 28 October 1796.
[Note 14] Joseph had devised this land to David in his Will and named Howell as a grandson. Reading the Wills of Mary and Joseph together seems to establish that Howell and David were both sons of Mary, even though she did not mention David in her Will.
Note 11. Brunswick County, Virginia, Deed Book 8, Page 303. Note 12. Brunswick County, Virginia, Deed Book 11, (See Section 2.3)
Note 13. Greensville County, Virginia, Deed Book 1, Page 389.
Note 14. Greensville County, Virginia, Deed Book 2, Page 463.
LAST WILL AND TESTAMENT OF JOSEPH HAITHCOCK2409IN THE NAME OF GOD AMEN, I Joseph Haithcock of Brunswick County and the Parish of Meherrin, being weak and low in body, of sound mind and memory, thanks be given to God. Calling to mind the mortality of my body and knowing that it is appointed for all men once to die, do make and ordain this my Last Will and Testament. That is to say, principally and first of all, I give and recommend my soul unto the hand of almighty God that gave it, and my body, I recommend to the earth to be buried in a decent Christian burial, at the discretion of my executors. Nothing doubting but at the general resurrection, I shall receive the same again by the mighty powerful God. And as touching such worldly estate wherewith, it hath pleased God to bless me in this life. I give and devise, dispose of the same in the following manner and form.
I lend to my beloved wife Elizabeth Haithcock the land and plantation whereon I now live containing by estimtion one hurdred and sixteen acres, during her natural life and after her death, I do give and bequeath the same land and plantation to
my son John Haithcock, to him and his heirs forever. I also lend unto my wife one feather bed and furniture, it being the bed I usually lie on, also one cow and calf, two sows and pigs, two dishes ard four plates and one iron pot, during her natural life and after her death, to be equally divided between
three of my children: Mary Haithcock, Charles Haithcock and Jesse Haithcock.
I give and bequeath to
my grandson David Haithcock one hundred acres of land be the same more or less, beginninq at Littleberry Robinson's corner pine thence a straight line to my line and branch thence down the said branch to Drury Mitchell's line thence along Mitchell's line to the creek, then up the said creek to Littleberry Robinson's line thence along his line to the place where it began. There is one hurdred and thirty-five acres of land in these bounds which thirty-five acres I do give to
my granddaughter Elizabeth Haithcock which must be laid out next to the creek, it being the same land Carr purchased of me, to her and her heirs forever ard the remainder of the above mentioned bounds, to David Haithcock and his heirs forever.
I give to
my grandson Howell Haithcock one featherbed and furniture to him and his heirs forever.
I give to
my son Charles Haithcock one hurdred acres of land be the same more or less beginning at a poplar on Robinson's line on a branch thence along his line to his corner pine then a straight line to a branch then up the said branch to a corner white oak then a straight line to the beginning; also another tract of land containing one hundred and sixteen acres be the same more or less, beginning at the old path thence up the said path to Morris’ line, thence along his line to a branch called the Hog Pen Branch. then down the said branch to the place where it began also one feather bed and furniture, two pewter dishes and two pewter plates, to him and his heirs forever.
I give and bequeath to
my son Jesse Haithcock one hundred acres of land be the same more or less it being the plantation whereon he now dwelleth, beginning at Morris' fence at the branch then along my line to a corner white oak thence along Charles Haithcock's line to the branch then up the branch to the beginning, to him and his heirs forever.
I give to
my son William Haithcock one hundred acres of land be the same more or less beginning at Harris’ fence on a branch thence down the said branch to Littleberry Robinson's line then along his line to the creek then up the said creek to the Split Rock Branch thence a straight line to the old path then along the said path to my line, then along my line to the beginning, to him and his heirs forever.
I lend to my beloved wife Elizabeth Haithcock the rest of my estate be it of what nature or kind soever, not already disposed of during my life and at her death, my will and desire is the whole be equally divided among my three children afore mentioned, except my bed. I give to
my son Jesse and last I appoint my loving wife and
my son John Haithcock my executrix and executor to this my Last Will and Testament, revoking all other Wills heretofore made by me.
IN WITNESS whereof, I have hereunto set my hard and affixed my seal this the 11th day of October 1782.
Joseph Haithcock
(his mark)
Signed, sealed, published and declared by the said Joseph Haithcock as his Last Will and Testament, in sight and presence of the subscribers.
Willlam Robinson
Sally Whitmore (her mark)
Thomas Carr Jr. (his mark)
Brunswick County Court - 26th day of April 1784 - Book 2, Page 295
This Will was proven by the oaths of William Robinson and Sally Whitmore witnesses thereto and ordered to be recorded and upon motion of John Haithcock, the Executor therein appointed and he having given bond with security and taken the oath according to law, a certificate is granted him for obtaining probate thereof in due form.
Drury Stith, C. C.
Note added by Clayton Heathcock Jr., July 5, 2019:The three grandchildren mentioned in the will were children of Mary Haithcock, Joseph’s only daughter. The fact that they carried the Haithcock surnmane presumably means that Mary was not married. It is not known with certainly who the fathers of these three children may have been but modern DNA evidence suggests that at least Howell Haithcock was the son of a man named Mosley.