John Polly (abt. 1785 - abt. 1856)

Born about 1785 in Montgomery County, Virginia

Ancestors

Husband of Mary (Bryant) Polly — married about 1819 in Whitley Co., Ky.

Descendants

Died about 1856 at about age 71 in Whitley County, Kentucky

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Biography

John Polly was born in Montgomery County, Virginia, around the year 1785. He was probably the son of James and Patsy Polly, and grandson of Joseph Pauley. DNA testing indicates a connection to the Polly family of Pittsylvania County and more specifically the family of Joseph Pauley.^[1] John was probably the eldest child in his family and was the first to arrive in Whitley Co., Kentucky, around 1818. We find records of his mother Patsy Polly (born c. 1765) who was in the area from 1822 to 1834 after the death of her husband. She lived on Lynn Camp Creek in neighboring Knox Co. and was the mother of Joseph, Thomas, Uriel, and Jesse Polly. Joseph, in particular, lived for a time on Patterson Creek in Whitley County where John lived. See Patsy's profile for more information.

John is NOT on any tax list of Knox County prior to the formation of Whitley County, nor is he found in the 1810 census of Knox Co., so we must assume that he came to the area in 1818 or so, just as Whitley was being formed. But Mary Bryant was surely there by 1810 when her father is found in the census and in the Knox County tax lists the following year. We conclude that John and Mary met in Whitley County in 1818. Their son Minor Bryant was born the next year, prior to their marriage. That Mary was John's second wife, something there is no tradition for, is proven by deeds below. Because her oldest children carried the name Bryant, Mary was herself the widow of a man named Bryant or, somewhat more likely, the unmarried mother of a number of children.

Children by his first wife, name unknown:

1. James (c. 1813- )
2. William (c. 1817- )

Children by Mary Bryant:

1. Minor, surname Bryant (24 Mar 1819-16 Jun 1885), m. Nancy Rose
2. Melinda (2 May 1821-10 Jul 1883), m. Thomas Owens
3. Cynthia (1824- aft 1880), m. William Riley Thomas
4. Pleasant (25 Mar 1826-12 May 1890), m. Mary Lawson
5. Rebecca (15 Sep 1827-12 Nov 1896), m. Wimer Croley
6. Elizabeth (c. 1832-), m. Nelson Rose

U.S. Census

1810 - His father's census entry has a young man aged 16-26. Wayne Co., Kentucky.

1818 - Whitley County is created from Knox County.

1819 to 1850 - John is on the tax lists of Whitley Co., Kentucky.^[6]

Apr 1819 - Rebecca Witt brings suit in Circuit Court against John Polly on a "peace warrant". Rebecca apparently had concerns for her safety but she did not show up in court and the suit was dismissed.^[7] Rebecca was the wife of Ayres Witt (see further below).

1820 - In the Whitley Co. census John Polly has a wife and three sons born 1810-20. Is this John's family with his first wife, or is this John's family with Mary Bryant? It appears more likely it's John and Mary's family even though Mary had a young daughter and John had two sons who are missing from this record. For some reason there were no Bryants counted in this census even though the tax lists show they were in the county.

July 1820 - Whitley Co. Circuit Court - William Rains brings suit against John Polly and wife in a case of T.A.B. (trespass, assault and battery). The case is continued to next court.

19 Aug 1820 - In a court case that went on for years, Ayres Witt and wife Rebecca bring suit in Wayne County Circuit court against the other heirs of John Bryant who died c. 1812.^[8] The case is also found as a chancery case in the Whitley County Circuit Court records beginning in April of 1820. In July of 1823 the Whitley court remanded the case to Wayne County.

In the suit Ayres alleges that he and his wife are entitled to a share of the estate of John Bryant which included land, three slaves and cash. They further allege that two of the heirs (William and John Bryant) intend on dividing the estate and leaving the area. When John Bryant Sr. died he had four children: William, John, Mary, and Rebecca. "said Mary has since intermarried with a certain John Polly". In one of the court documents John Bryant's wife Charity is named. Household goods have been equitably divided among the heirs but the land, slaves, and cash have not. John Bryant is said to have made a will but it was never recorded and is lost.

- By 1825 John Polly had acquired 160 acres on Patterson Creek, and it is there that he stayed, apparently for the rest of his life. The land appears to have been purchased from William Bryant.^[6] William Bryant was surely his brother-in-law, and it's possible John came into ownership of the land via the settlement of John Bryant's estate.

22 Aug 1833 - John and Mary Polly sell to William Polly, land in the forks of Patterson Creek, & all horses, cows, hogs, sheep, poultry, farming utensils, & household furniture, for $600 to be paid in the following manner: William's promise to care for John & wife Mary Polly during their natural life & their issue numbering six until their lawful age. Recorded 24 Jan 1834.^[9]

No relationship is stated but this kind of arrangement is one between parents and child. The deed seems to have had no effect in that John Polly continued to be taxed for 160 acres on Patterson Creek.

A William Polly shows on the Whitley Co. tax lists in 1838. He owns no land but he does own a fine horse valued at $50.^[6] The date 1838 suggests his birth c. 1817. He disappears from Whitley tax records after 1838.

12 Oct 1834 - John Polly sells to James Polly, for $1 and love and affection for his son, 3 head of horses, 8 head of cattle, 22 head of hogs. Recorded 27 Oct 1834.^[10]

A James Polly is on the Whitley Co. tax lists in 1835 and 1836. He owns a horse but no land. Suggested birth in 1813. James disappears from the Whitley Co. records.

- John Polly died around 1856 and the following record shows that he and Mary had a child together prior to their marriage and that Mary was the mother of three children who carried the Bryant name.

16 Feb 1857 - Whitley County Deed Book 4 page 476 - "By the death of John Polly, late of Whitley County, there has been left for distribution among his heirs an estate in personal property after deducting the proportion set apart from distribution by law for the benefit of his widow and where as a portion of the undersigned are legal heirs of the said John Polly; the undersigned Mary Polly widow and mother of the children to wit Pleasant Polly, Thomas Owens and Malinda his wife Cynthia Thomas and William R. Thomas her husband, Wimer Croley and Rebecca his wife, Nelson Rose and Elizabeth his wife and Miner Bryant children and heirs of said John Polly, deceased, and George Bryant, John Bryand and William Jones and Mary his wife children of Mary Polly but not heirs of John Polly, deceased, do herby agree that the personal estate of John Polly . . . . (very faded) . . . ."

- Mary is found in the census of 1860 and 1870, living with her daughter Malinda and husband Thomas Owens in Whitley Co.

Sources

1. ↑ July 2019. A descendant of John's sister Martha has Ancestry DNA ThruLines connections to a number of James's siblings, all children of Joseph Pauley.
2. ↑ Roll 28, Page 608
3. ↑ Roll 42, Page 277
4. ↑ Roll 126, Page 199
5. ↑ Page 355
6. ↑ ^{6.0 6.1 6.2} Broyles, Stephen H., Whitley County, Ky., Tax List Summary, 1819-1850, self-published, 1991
7. ↑ Whitley Co. Circuit Court Orders
8. ↑ Member submission, Transcription of law suit, Ancestry.com
9. ↑ Whitley Co. Deed Book 1:464
10. ↑ Whitley Co. Deed Book 1:512