John Manley Sr. (1710 - bef. 1750)

Born 1710 in Fairfax County, Colony of Virginia

Ancestors

Husband of Sarah Hawley (Harrison) Lewis — married about 1738 in Fairfax County, Colony of Virginia

Descendants

Died before 28 Mar 1750 before age 40 in Fairfax County, Colony of Virginia

Problems/Questions Profile manager: Susan Padgett [send private message]

Biography

John Manley is the son of William Manley and Penelope Higgins.

William died November 1716, when John was about six years old. John was put under the guardianship of Major George Eskridge on 16 November 1716, in Fairfax County, Virginia.

A suit was commenced in court in April 1721 by Samuel Hallows of England against the William Manley heirs. This case was sent from Virginia in 1722 to England and Sir Robert Raymond rendered an opinion upon it. Sir Robert Raymond’s Opinion in the case sent to England (Case Int Hallows & Manly). On March 28, 1722 at Lincolns Inn, England, he ruled in favor of Samuel Hallows.

William Manley's estate was finally inventoried in Fairfax County in 1727.

In 1727 Penelope Higgins Manley was in Westmoreland County court and was ordered to separate the estates of her sons, John Manley, Anthony Russell, William Spencer from one another.

April 1729 Suit

A suit was commenced in court in April 1729 by other Hallows descendants against the Manley heirs.

The following is a record of the courts findings in England by Sir Robert Raymond of Lincoln Inn on the inheritance of the Manley family:^[1]

John Hallows, "late of Rachedale, County Palatine of Lancaster," was seized of 2400 acres in Virginia & died so seized, leaving issue Restitute, his daughter, who entered and married with one John Whitstone, & by him had Restitute, her daughter and heir, who intermarried with one Thomas Steele, and had issue Thomas Steele, eldest son & heir, and afterwards married with one Manly, and had issue two sons John and William Manly. Being a widow, the said Restitute made her will January 30, 1687, leaving her estate to her three sons, to remain in the hands of her ex'tor till the children arrived at the age of 16. Thomas Steele died when he had almost attained the age of 21 & without issue, after whose death John Manly entered into possession leaving issue the defendant. The lessor of the pltf is Samuel Hallows, son and heir of Matthew Hallows, who was eldest brother of said John Hallows. This case was sent from Virginia in 1722 and Sir Robert Raymond rendered an opinion upon it. Virginia Colonial DecisionsSir Robert Raymond’s Opinion in case sent from Virginia in 1722Case Int Hallows & Manly) Ejectment upon special verdict  Restitue Whitstone Steele Manley Last Will & Testament in Writing bearing Date the 30th of January 1687 in these Words I Give & Bequeath to my son Thomas Steel that Tract of Land I now live on (y’e Land in Dispute) to him and his Heirs forever. Item it is my Will that my three Children with their Estates remain in the Hands of my Ex’s till they shall come of Age of 16 Years & then to have their Estates; and the same Day made her Codicil in these Words “It is my Will that if my son Thomas Steel die in his Minority before he be of Age to enjoy my within mentioned Land, that, then my other two Sons, John & W’m Manly shall have the said Land equally to be divided between them & their Heirs forever. Thomas Steel at his Age of 16 entered into the Lands and took the Profits thereof, and lived till he had almost attained his Age of 21, & died without issue; After whose Death John Manly entered into the Lands and died in Possession leaving Issue the Def’t. The Lesser of the Pl’t is Samuel Hallows Son & Heir of Matthew Hallows, who was Son & Heir of Samuel Hallows who was eldest Brother of the said John Hallows. Q’r. What Estate Thomas Steel had in those Lands by  y’e Will of his Mother, and whether upon his dying before 21 tho’ in Possession, the Lands should go to Manly? And if Lands shall remain over upon Thomas Steel’s dying before 21 Q’r how this Issue could have inherited if he had had any? I am of Opinion, that Thomas Steel by Virtue of the Will and Codicil of his Mother Restitue Manly, (taking it for granted the Will and Codoicil were duly executed according to the Laws in Virginia), took Estate in Fee Simple, but subject to the Contingency of his dying in his Minority before he should be of Age to enjoy the Land devised, and if he died in his Minority before he should be of age to enjoy it, then y’e Land by the Codicil was devised over to John and William Manly in Fee as Tenants in common by Way of executory Devise. – Mr. Hallows Title depends upon the Constitution of those Words in the Codicil “If Thomas Steel die in his Minority before he be of Age to enjoy Land devised “, if by those Words Thomas Steel’s Death before 21 is to be understood, Mr. Hallows will have no Title because Tho’s Steel did die before his Age of 21: and in that Case if Thomas Steel had had Children they could not have taken this Estate; w’ch is so hard a Construction, that it can’t be imagin’d the Mother intended it should be so – But if those Words in y’e Codicil shall be refer’d to the Words of the Will whereby, by the Devise that y’e 3 Children with the Estates should remain in y’e Hands of her Exter, till they should come of Age of 16 years, and that then they should have their Estates that – that was the time of Enjoyment intended by the Codicil, then after Thomas Steel came to 16 he was seized in Fee absolutely, and the Executory Devise over to John & W’m Manly could never arise, but Mr. Hallows as Heir- at- Law to Thomas Steel will be entitled to these Lands.If upon Thomas Steel’s coming into Possession he had an absolute Fee Simple in the Lands Q’r whether the Lesser of the Plt. Hath not a good Title. And I apprehend this last Construction is the right Construction and is inforced by its obviating that Hardship, in some Measure, which the other Construction would introduce, in Relation to the Defeating y’e Children of Thomas Steel, because it is not unreasonable to think that the Mother did not intend her Son should marry before 16 and if not he could have no children to be defeated by the Devise over. And therefore upon the whole, if Mr. Hallows proves his Pedigree plainly, I am of Opinion he hath a good Title to these Lands devised. Lincolns Inn                                                   Rob: Raymond                                                                       Mar: 28, 1722  ^[2]

In June 1732, the John Hallows inheritance of his great great grandson, John Manley, son of William Manley, is awarded to Samuel Hallows, Esq. of Ashworth in the County of Lancaster, England. 2660 acres.

Wife Sarah Harrison

John's wife, Sarah, was the daughter of William Harrison and Sarah Hawley. In the Mt. Vernon Ladies Association Library at George Washington's home at Mt. Vernon, a deposition taken (MSS#243) on the March 28 & 29 of 1748, reads Sarah Hawley Harrison named herself as the daughter of Henry and Mary Hawley. Her name in the deposition was Sarah Hawley Lewis, age 62, an aunt of James Hawley Sr., and that her father, Henry Hawley, was one of the first inhabitants to settle on Spencer's Land. Henry Hawley was the son of James Hawley who had immigrated to America in 1641 and first settled in Isle of Wight County in Virginia. 

Sarah Harrison Manley’s first husband was Thomas Triplett who died in 1737. They had a son, William Triplett, who later handled many of the family’s legal transactions. He was a personal friend of George Washington along with his half brother, Harrison Manley. The three of them went fox hunting together on many occasions. Sarah’s third husband was Colonel Thomas Lewis, son of Thomas Lewis. He was a friend of her husband, John Manley, and of George Washington.

The following part is taken from an indenture transcript of George Washington’s in the Fairfax County Court records dated September 22, 1772. “A Corner of the Land sold by the aforesaid George Harrison to John Manley deceased now the property of Mr. French’s Estate. – Then with those Lines corrected So. 86 Et. Twenty two poles N 63 Et. four poles S 67 Et. Forty eight poles crossing Muddy hole Branch to a large White Oak in a Fork of it (being the Beginning Corner of the aforesaid Sale from Harrison to Manley, now French’s Land) S 57 ½ Et. One hundred and Eight poles No 60 Et. Twenty four poles to the Line of the said George Washington dividing his Moiety of the original Tract of 5000 Acres from Spencer’s Moiety.”

Will & Death

On 28 March 1750, Sarah Manley, John West Jr, and William Elzey provided bond for the administration of the estate of John Manley, deceased, and Sarah was appointed Administratrix of the estate.^[3] Administration means John has died Intestate.

At a Court held for Fairfax County June the 26th 1750, the Inventory and Appraisement of the Estate of John Manley deceased was returned and admitted to record.^[4]

Sarah found John's Will at a later date. On 25 June 1751, the Will was recorded, and administration of the Estate with the Will annexed was granted.^[5]

Last Will and Testament of John Manley^[5]
Fairfax County, Virginia.
26 December 1745.
25 June 1751 (proved).

In his Will, John Manley names the following persons, in the following order:

1. my negroes to be equally divided between my daughter Penelope Manley and my daughter Sarah Manley and my son Harrison Manley and my son John Manley equally among them …
2. all the residue and remainder part of my personal Estate of what nature or quality so ever be equally divided between my above mentioned Children
3. my will is that my loving wife Sarah Manley have the Care and Tuition of all my above said Children so long as she shall remain my widow
4. I nominate & constitute and appoint my Brother Anthony Russell and my cousin John West and my loving wife Sarah to be Executors of this my last will and Testament

Signed: John Manley.
Witnesses: [none listed].
Executors: my brother Anthony Russell, my cousin John West, my loving wife Sarah.

Timeline

May 7, 1740 at Fairfax County, Thomas Lewis, John Manley, and John Brown were witnesses to the appraisal of the estate of William Sleming with Richard Osborn as administrator.

On 1 July 1741, John Manley's residence is land on the Potomac River.

On October 29, 1742 John Brown set forth that the land granted to Thomas Derrick and Samuel Wells on October 5, 1694 was now his except the 150 acres which is now John Manley’s. John Brown and John Manley were very good friends. One of Mr. Brown’s sons was named Manly Brown.

In 1744, John Manley is on the list of voters for election of Burgesses in Fairfax County. He is also listed as a freeholder. On December 10 that year, the Washington estate shows a lease and release of land from Thomas Marshall to John Manly.

On July 15, 1746 at Fairfax County, the inventory of John Littleton, was performed by Thomas Lewis, James Hamilton, and John Manley.

On June 13, 1748 at Fairfax County, John Manley appears on a Military Poll; to wit, Major Lawrence Washington's poll of Hugh Wests' District, Fairfax County.

A land record of John Manley, dated June 1, 1750 in Lunenburg County, Virginia, reads that the 400 acres of land was bounded by John Manley Junior.

Research Notes

Possibly Conflated

What connects this land record below to this John Manley and son John Manley? This John Manley was deceased before 28 March 1750.

A land record of John Manley, dated June 1, 1750 in Lunenburg County, Virginia, reads that the 400 acres of land was bounded by John Manley Junior.

Sources

1. ↑ Tyler's quarterly historical and genealogical magazine, Volume 1. By Lyon Gardiner Tyler Page 66.
2. ↑ (Note) This Opinion is published in North Carolina Law Repos. 72-4)
3. ↑ County Court, Fairfax County, Virginia, Will books, 1742-1866; general index to wills, 1742-1951, Will books, v. A1-C1 1742-1776; database with images, FamilySearch (image 244).
4. ↑ County Court, Fairfax County, Virginia, Will books, 1742-1866; general index to wills, 1742-1951, Will books, v. A1-C1 1742-1776; database with images, FamilySearch (image 260).
5. ↑ ^{5.0 5.1} County Court, Fairfax County, Virginia, Will books, 1742-1866; general index to wills, 1742-1951, Will books, v. A1-C1 1742-1776; database with images, FamilySearch (image 304).

Acknowledgments

• WikiTree profile Manley-276 created through the import of Foster-Volkenant.ged on May 31, 2011 by Terry Foster.