William Manley (1686 - 1716)

Born Jun 1686 in Cople Parish, Westmoreland County, Colony of Virginia

Ancestors

Descendants

Died Nov 1716 at age 30 in Fairfax County, Colony of Virginia

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Biography

William Manley was born in 1686.

The following added by Robert Bowman on October 2, 2017.

In 1695, Thomas Steele dies intestate leaving William Manley, son of John and Restituta Manley, the sole heir of the Manley estate. Thomas was a half brother to William through his mother's first marraige to Matthew Steele. William executed on the inheritance. The inheritance was approximately 2400 acres from Hallowes line. On May 28, 1695, William Manley's land, formerly belonging to John Hallowes, was referenced to in the deed conveyance from Isaac Allerton to Alexander Gaudin. This land was located near Nominy Cliffs and adjacent to land owned by Patrick Spence and was within Fairfax County. William Manley married Penelope Higgins. She was the daughter of  John and Elizabeth Higgins. On March 27th and 28th, 1706 Mary Dudley swears an oath that William Manley was born the last of June 1686. John Manley's last place of residence was identified as in Cople Parish in Westmoreland County, Virginia. Eleanor Crane, wife of Robert Crane, was midwife for William's birth. On February 3, 1708 William sold  2430 acres of land, first granted to John Whitsone, to Robert Carter of Lancaster County for 200 pounds. This land became part of Carter’s Nominy Hall Estate. In 1712 he is mentioned as having married Penelope, daughter of John Higgins, and that her sister was married to John Elliott.
                In August of 1726 the will of Mary Bagge of St. Anne's Parish, Essex Co., Virginia was proved in Essex, September 1726. She was the widow of John Bagge. Her legatees were Mrs. Elizabeth, wife of Captain Thomas Waring, and their eldest daughter Betty,  her cousin Penelope Manly, and her nephew Edmund Bagge, who was appointed executor.
                William signed his will, dated May 30, 1716, in Fairfax County, Virginia and died before November 26, 1716, when his will was probated. He was survived by his children were Penelope, Jemima, and John, and his wife, Penelope Higgins Manley.  Executors were his wife, Penelope Manley, his brother in-law, John Elliott, and Lawrence Pope. In the will, his son, John, was to inherit the slaves and the estate. His estate was not inventoried until 1727. William's son, John, was put under the guardianship of Major George Eskridge. A suit was commenced in court in April 1729 by other Hallows descendants against the Manley heirs. This is taken from a letter written by George Washington to Harrison Manley on November 13, 1771. In that letter, George stated he had tried to obtain a copy of a decree in favor of the Hallows at the Proprietor's Office but the principal clerk was too busy at the time handling Court proceedings.
                Later in the following letter written by Edmund Pendleton to George Washington it states that William Manley's grandson, Harrison Manley, may still have a right to this land:
                Letters to Washington and Accompanying Papers. Published by the Society of the Colonial Dames of America. Edited by Stanislaus Murray Hamilton.Augt. 31. 1772.DEAR SIRI have your favr. by Mr Manly, who I think has a very good right to the 2400 acres of Land called Hallows Marsh, but must bring a writ of right, being barr'd of an Ejectment, For which he is luckily just within time, & I shall order it out immediately, I forget whether I spoke to Mr. Mason or not, & therefore he says he will write to him immediately.I left your papers with Mr. Attorney in May, to consider of the Point, Wch. is of consequence & necessary to be settled by us previous to drawing your Answers, whether the proceedings are not to stop during the Infancy of Masr. Custis, as his Real Estate seems to be the Fund out of which the demand, if recovered, is to be satisfied. On this we propose a consultation in October when we meet, & then if the result makes an Answer proper it will be drawn & filed--In the mean time, I suppose the Plts. Counsel is impatient & has taken out a New Attachment to quicken Our Motions, which is of no consequence.I beg you will not suppose I have been inattentive to the suit, perr Account of Fees, in which you have been very Liberal For what I have hitherto done & to drawing the answer, which, if that is resolved on in October, shall be done immediately after by... Sir... Your  mo. hble.Servt.EDMD.PENDLETON     

            After William’s death, Penelope was remarried to Francis Spencer, son of Nicholas Spencer. When Nicholas Spencer died, Spencer was put under the guardianship of Daniel McCarthy. Francis wrote his will about 1715 and had it filed in Westmoreland County  before he was married to Penelope (Higgins) Manley and bequeathed his estate to McCarthy. Francis and Penelope had a son, William Spencer. After Francis died in about 1720, Captain Daniel McCarthy became William’s legal guardian. Penelope had to challenge Francis’ will based on their marriage and Court found in her favor. About 1727-28, again recorded in the Westmoreland COBs, Penelope was in court and was ordered to separate the estates of John Manley, Anthony Russell, William Spencer from one another.
 Next, she married Andrew Russell. They had a son, Anthony Russell, and a daughter, Frances. Last, she married Richard Osborne. He was brother to Robert Osborne, who married Ann (Waddy) Higgins Barnes, and was also a brother to Mary Osborne, who married John King.   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:

Tyler's quarterly historical and genealogical magazine, Volume 1  By Lyon Gardiner Tyler Page 26. 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
  (Note) This Opinion is published in North Carolina Law Repos. 72-4)                   The following is the some history I found on Samuel Hallows. He appears to be a man that was not well thought of except for maybe those in power:  Notitia cestriensis: or Historical notices of the diocese of Chester, Volume 19  By Francis Gastrell, Francis Robert Raines
           In the year 1737 Samuel Hallows Esq. gave £200, and Queen Anne's Governors a similar benefaction, when the Chapel ceased to be a Donative. Samuel Hallows was the eldest son of Mr. Matthew Hallows of Newbold Hall, and his first wife, Margaret, daughter of Mr. Rothwell of Bury, and born in the year 1667. The family is often named in the Diary of Oliver Heywood, and were zealous supporters of the Presbyterians. Of the two sons of Matthew Hallows, Samuel was a disorderly conformist, and very obnoxious and troublesome to his wealthy neighbours, the Bumfords and Starkys. He was an active Whig Magistrate, and often invested with Commissions from the Crown, and Duchy Court. In the MS. Diary of John Starky of Heywood Esq. is this record: " 1740, Jan. 21st. This day. died Mr. Sam. Hallows of Ashworth, to the great joy of all his neighbours!" The other son of Matthew Hallows, and his second wife, Sarah, sister of Mr. George Westhy, was Westhy Hallows Esq. of Newbold Hall, who married, in the year 1718, Ellen, daughter of Richard Entwisle of Foxholes Esq. and on the death of his wife and child in the year following, fell into reckless habits, and died the victim of intemperance, in the year 1739.
         The Manor of Ashworth was held by Roger, son of Alexander de Middleton, in the middle of the reign of Henry III, but the mesne lord, before this period, was Barnard de Bessewort, who devised the Manor to his sons, Robert and Stephen de Asheworth. The moiety of Stephen was alienated by his daughter Margery, in the 22d year of Edward I to her cousin, Robert, son of Robert de Asheworth; and Matilda, daughter and co-heiress of Robert, having married, before the 23d year of Edward III. (1349,) Hugh, son of John del Holt, conveyed the whole to him. It continued in unbroken male descent in this family until it had the misfortune to fall into the hands of Richard Holt Esq. an improvident and wasteful man, who, by repeated mortgages, encumbered his Estate; and on the mortgagee, Sir Raphe Assheton, refusing to purchase, the Township was sold on the 12th of August 1700, to Samuel Hallows of Gray's Inn Esq. for £3,960, and an annuity of £25 to the Vendor for life. Samuel Hallows, by Will dated February 1st 1736, devised his Estates to John Hatfield, son of his nephew, John Hatfield of Hatfield in the county of York Gent. and to Samuel Hallows Hamer, son of his nephew, Samuel Hamer of Hamer Esq.; and this Manor falling to the share of Mr. Hatfield, was sold by him in the year 1751 to Thomas Ferrand of Rochdale Gent. for £12,200, consisting of 1018a. Ir. 36p. the whole being full of coal. It was first mortgaged, and afterwards sold by Mr. Ferrand about the year 1767, to Samuel Egerton of Tatton Park Esq. and the Township, Manor, and Advowson are now the inheritance of his grandson, Wilbraham Egerton Esq.—Lane. MSS. vol. xi. pp. 246-7.   Purchase of Slaves
Posted 08 May 2015 by Robert Bowman
1735-1743 King George County Deed Book 2 (Antient Press); pp. 299

Know all men .. I WILLIAM SPENCER of Prince William County, Gentleman, for sum Thirty pounds Sterling paid by RICHARD BARNES of county Richmond, Gentleman, ... sold following Slaves named George, Harry, Ann, Jenny, Tom, Forrester, George & a boy which boy and Jenny ,Tom, Forrester, & George are the children of the said Ann which three first mentioned slaves by the Marriage of PENELOPE MANLEY with my Father FRANCIS SPENCER Gent. became the proper Slaves of my Father & after his Death .. descended unto me .. according to a former sale by me to Richard Barnes about 20th day September last past .. and delivered in presence of THOMAS BROOKE and ABRAHAM BARNES of St. Mary's County in Province of Maryland, Gentleman, ... 7th March 1739.

   Presence Hump: Pope, William Spencer
   John Hazel, Geo: Deavenport
   At a court held 7th March 1739 .. Deed of Sale recorded.

The History of William Manley by Robert P. Bowman
Robert Bowman originally shared this on 01 Feb 2011

Sources

Acknowledgments

• WikiTree profile Manley-283 created through the import of Foster-Volkenant.ged on May 31, 2011 by Terry Foster.
• Manley-981 was created by Robert Greaves through the import of wikitree_baker.ged on Nov 4, 2014.