John Heally

(Hayly; Healley Haley)

 

 

John Heally was probably born in the 1650's. He was in New Castle, Delaware by 1685 when he (along with Ephraim Herman) witnessed land transactions. [New Castle County Delaware Land Records 1673-1710, by Carol Bryant, pp. 45 & 47]. John Heally was apparently still living as of 1717.

 

He was married and a widower by June 1685. This wife may have been a daughter of Barent Egberts (d. 1677) of New Amsterdam and later of New Castle, Delaware, since Heally petitioned for a share of Barent Egbert's estate on behalf of his late wife [NCC II:108]. He had married again (before 1717) to "Tuenkie." [New Castle County Delaware Land Records 1715-1728, pp. 9 and 160]. "Tuenkie" is a Dutch female name, derived from Anthony/Tuenis.

 

Styled 'husbandman' and 'yeoman' in earlier records and later 'gentleman', John Heally was a large landholder and a planter, and a local and regional official. He served as a Justice on the New Castle court in the end of the seventeenth century and the first decades of the eighteenth century, made assessments and valuations of properties, and witnessed many land transactions and other documents filed in the New Castle court. In 1699 and in 1704, he was a member of the Assembly for New Castle County, under the proprietorship of William Penn.

 

Since John Heally is mentioned at least once in land records as being "of Maryland" he possibly also had land just over the Maryland border (probably now within the modern Delaware boundaries), in the Sassafras Branch area of Appoquinimink Hundred (Delaware), the farthermost branches of which do reach into Maryland. As John HAYLEY, he appeared on the List of the Inhabitants of the North Side of Duck Creek and the south side of Appoquinumy, according to an assessment returned the first day of January 1696/7. [NCC II:173]

 

Records below probably show a gap between 1710 and 1717 because a few of the New Castle record books are now missing. He was married and a widower by June 1685, and had married again (before 1717) to "Tuenkie."

 

1684/5 John HAYLY had 200 acres of land south side of Appoquinimink. [NCC II:101].

 

Had John Heally been married to a daughter of Barent Egberts? See petition of 3 June 1685:

 

3 June 1685. Petition of John HAYLY in behalf of his late wife, for a part of Barent Egberts' estate. Petitioner to make appl. next court of orphans. [NCC II:108]

 

Barent Egberts' children were not named in his 1674 will (normal Dutch practice). There is no record of what became of Barent's daughter Tryntje, baptized on 18 August 1658 in the New Amsterdam Dutch Reform Church. She was presumably about the age Heally must have been if he was in responsible positions in the 1680's. In December 1678 (eighteen months after Barent Egberts's death), daughter Henrietta --presumably the youngest and possibly a child of Barent's second wife --was indentured for four years with permission of her stepfather, Thomas Spry. By 1687 there were only two daughters named in Barent's estate records: Anne Greene & Abiah Egberts (who married John Garretson II).

 

20 October 1686. Gabriel Rappe ack. deed of enfeofment for tract "Industry" on north side of the Dragon Swamp, 600 acres, to John HAYLY. [NCC II:145]

 

1687 tax list --John HAYLY 400 acres N side of St. George's Creek. [NCC II:172]. also 150 acres in North Appoquenimy [NCC II:173].

 

15 March 1688/9 John HAYLY ack. 600 acre tract "Industry" to Hendrick Wallraven. [NCC II:196].

 

5 May 1693, James Read instrument in trust, dwelling house and lots in New Castle, as a joynture to his wife Anna [Anna Fiana, probable step-daughter of Adam Peterson], and Ann's heirs by Read. Ack: 16 March 1696 in NCC Court. [NCC II:223]

 

-- Adam Peterson was also a resident of the Appoquinimink, since the 1670's.

 

17 March 1694: LOA John Heally to James Read. Ack 16 Aug. 1695. [NCC II:213].

 

Deed. On 5 Nov. 1694, William Price, Sr. of Elk River in Cecil County in the province of Maryland, to John Heally of the above county & province. William Price for consideration already received, granted to John Heally a tract of land called Poplar Hill situated on Hangmans Creek it being one of the branches of Appoquinimink Creek bounded by land of Robert Morton containing 200 acres. Signed William Price & Margaret Price. Delivered in the presence of John Wilson & William Burrows. Recorded 6 Aug. 1695. (B2:178)

[New Castle County Delaware Land Records 1673-1710, p. 90].

 

Deed. On 19 Nov 1695. John Heally of Appoquinimink Creek, husbandman to Richard Cantwell of the same place, gentleman. John Heally for valuable consideration granted to Richard Cantwell a tract of land called Poplar Hill, lying on Hanginan's Creek a branch of Appoquinimink Creek & land of Robert Morton containing 200 acres. Signed John Heally. Delivered in the presence of James Read & Edward Gibbs. Recorded 19 Nov 1695. (B2:119).

[New Castle County Delaware Land Records 1673-1710, p. 79]

 

19 November 1695. Conveyance by Edward Gibbs, Adam Hay and John Heally, a tract of land on N side of Appoquinimink Creek, to Ann King & Marinus de Wit. Ann King had made a letter of attorney for Marinus de Wit to receive this. Same day, John Heally conveyed to Richard Cantwell a tract in the Appoquinimink called Poplar Hill (qt 200a). [NCC II:216].

-- Ann King was Anna Calet (Colleth), wife/widow of Pieter (de Koning) King (1634-1695) According to "History of the King Family in American and Flanders...", Pieter de Koning (later KING) and Anna Callet came to America in 1679. They probably "had been brought over from the Netherlands to oversee farming activities between Philadelphia, Pennsylvania and Wilmington, Delaware, for Arnoldus de la Grange."

 

[16 Mar. 1696]

Deed. James Read of New Castle, yeoman to John Heally of Maryland, yeoman. James Read for & in consideration of his marriage intended & shortly to be had & solemnized between the said James Read & Anna Phiana, the daughter of Adam Peterson of Appoquinimink Creek & that Anna Phiana may be provided of a sufficient joynture in case she shall survive the said James read, & for other good causes & considerations, James Read promise & granted to John Heally that James Read shall & will before the justices of the county acknowledge & deliver a covenant of all the messuage & dwelling house & lot of land in New Castle, the true intent whereof between the parties will be construed, intended to be the use & behoove of James Read during his life & the behoove of Anna Phiana for & during her natural life. And after her dec. for the use & behoove of the heirs of James Read on the body of Anna, lawfully begotten & for the default of such to the right heirs of James Read forever. Provided always that if the marriage shall not take effect or be solemnized between the said james Read & Anna Phiana, then this conveyance shall be for the use of James Read. Signed James Read. Delivered in the presence of Edward Gibbs & James Claypoole. Recorded 16 Mar. 1696.

[New Castle County Delaware Land Records 1673-1710, pp. 81-82]

 

18 March 1696. John HALES to John Roe, 300 acres near Georges Creek. [NCC II:225] --this may be heally or someone else.

 

Deed. On 19 Aug 1699. Nichols LOCKYER of Swanneck in the cnty of New Castle & Elizabeth his wife to John HEALLY of Appoquinimink Creek. Nicholas LOCKYER & Elizabeth his wife for 5s granted to John HEALLY a tract of land being bounded by land formerly belonging to Peter DeWITT, the marsh that runs to the Horse Neck (or Peardehook), land of Durian JOHNSON commonly called Layman's Hook, in breadth by the river 100 rods & into the wood 300 rods & also that tract of land in the cnty at Peardehook bounded by land formerly of John SYBRANSON, land of Barbara, then the widow of Peter MACLAND, dec'd, the river containing in breadth 520 rods, in length 600 rods in Dutch measure. Also a tract of land Peardehook bounded by land of Earthman HYNE, land hertofor of Jacob CLAUSON & a small creek containing in length 500 rod & in breadth 25 rod. Also that tract of marshland lying between the marsh of James HOLLIDAY & the marsh of Bilchy JOHNSON between the river & Swanneck Creek, formerly the marsh of John SYBRANT Jr. All sd tract of land were left in the tenure of Nicholas LOCKYER & Elizabeth his wife but now by virtue of the statute for transferring uses into possession, are now in the actual possession of the sd John HEALLY & all the estate right. That is to say that as to this to the use & behoove of Nicholas LOCKYER & Elizabeth his wife during the terms of their natural lives & the life of the longer liver of them, & after their dec to their heirs & as to concerning the before mentioned tracts of land to be & remain to the only use of Nicholas LOCKYER & Elizabeth his wife. In last, it shall happen the sd Elizabeth shall die in the lifetime of Nicholas LOCKYER, that the sd Elizabeth shall have free power by her will or as she shall think fit to give & devise any gift to such persons as she shall appoint & nominate to the value of £100 & that John HEALLY shall stand seized in the first mentioned tract of land, till the sum of £100 is paid to the true intent & purpose of these presents. Signed: Nicholas LOCKYER & Elizabeth LOCKYER. Delivered in the presence of John ORTON & Thomas WOLLASTON. Rec: 15 Aug 1696. (B2:140).

[New Castle County Delaware Land Records 1673-1710, pp. 82-83]

 

In 1699 John Healy was elected as a Pennsylvania assemblyman for New Castle County, (then in) Pennsylvania. See Pennsylvania archives, Second Series, Volume IX, p. 653, at http://www.google.com/books?id=X2ZIAAAAYAAJ&

 

25 Jan. 1699/1700: "The Sheriff of the Countie of Newcastle his Return of a writt directed to him from ye pror. & Gor for the election of repsentatives for sd Countie, to assist him in an assembly, to meet this day, was produced, whereby itt appeared that there wer elected for Council Richd Halliwell & Robt French, & for Assembly John Healy, Adam Peterson, Wm. Guest and Wm. Houston." [Minutes of the Provincial Council of Pennsylvania: from the organization to the termination of the proprietary government. [Mar. 10, 1683-Sept. 27, 1775], Volume 1, (Proceedings of the Council from March 10, 1683 - November 27, 1700), p. 589, at http://www.google.com/books?id=2LAUAAAAYAAJ&]

 

Deed. On 21 June 1705. John Heally of Appoquinimink, Esq., to William Williams of the same place, yeoman. John Heally for £40 granted to William Williams all that tract of land called Barns Dale situated on the south side of the main branch of Appoquinimink Creek bounded by land of John Walker containing 300 acres. Signed John Heally. Delivered in the presence of Nicholas Lockyer, William Grant & Elston Wallis. Acknowledged in court 21 Feb. 1705. (B2:357).

[New Castle County Delaware Land Records 1673-1710, p. 118]

 

......................

OSBOURNE-Heally land

 

Letter of Attorney. On 25 Sep 1704. Joseph Osborne of the town of East Hampton in the county of Suffolk on the Island of Nassau in the province of New York have appointed my beloved brother, Jonathan Osborne of Cape May in the province of West New Jersey to be my lawful attorney for me & in my name to sign & deliver such deeds shall be needful upon the sale of my right & interest which is one third part of a tract of land at Appoquiniminy which land did formerly belong to my brother, Bezeliell Osborne, dec. Signed Joseph Osborne. Delivered in the presence of Ebenezer Leach & William Schellinks. On 25 Sep 1704, Joseph Osborne, the subscriber came personally before us, Josiah Hobart & Jolm Wheeler, 2 of her Majesties Justices of the Peace in East Hampton for the county of Suffolk & did voluntarily acknowledge the above instrument to be his act & deed. Signed Jos. Hobart & John Wheeler. Recorded 22 Jan 1706. (B2:364).

 

Letter of Attorney. On 13 July 1704. Jonathan Osborne of Cape May County in West New Jersey & Josiah Standburrough of Elizabeth Town in East Jersey do appoint our well beloved friend Mr. Richard Renalds of the county of New Castle to be our lawful attorney to make over in open court all title to John Heally of Appoquinimink Creek a tract of land situated on the southeast side of the said creek formerly know to be the land of Bazaliell Osborne, also we appoint our attorney to recover all debts due to us in the county but more particularly all the debts due us from John Heally be a bond dated 12 July 1704 & upon payment discharge said debt. Signed Jon. Osborne & Josiah Standborough. Delivered in the presence of Richard Sewell & Hans Hanson. Recorded 22 Jan 1706. (B2:365).

 

Deed. On 13 July 1704. Jonathan Osborne both in my own right & the lawful attorney of Joseph Osborne & Josiah Standburrough by right of his wife Elizabeth to John Heally of Appoquinimink Creek. Whereas there is a tract of land on the southeast side of Appoquinimink Creek bounded on the NW with the creek, SW with the land of Robert Money but now in the actual possession of Isaac Viguree & on the opposite 2 sides with the woods containing 400 acres, granted by patent from Govemor Lovelace to Robert Tallant, who assigned it over to Lewis Johnson & Lewis Johnson assigned it over to Bazaliell Osborne & the said Bazaliell in his last will & testament amongst other bequests did give & bequeath the said tract of land to Jonathan Osborne, Joseph Osborne & Elizabeth the wife of Bazaliell Osborne. Now Jonathan Osbome both in his right & lawful attorney for Joseph Osborne & Josiah Standborough in right of his wife, the said Elizabeth, for valuable consideration granted to John Heally the said tract of land. Signed Jonathan Osborne & Josiah Standburrough. Delivered in the presence of Richard Sewell & Hans Hanson. Recorded 23 Jan 1706. (B2:366).

 

[New Castle County Delaware Land Records 1673-1710, pp. 118-119]

 

--the Osbourne brothers appear on East Hampton, Long Island tax lists as early as 1675

......................

 

Deed. On 15 Nov 1706. John Heally of Appoquinimy, yeoman to Cornelius Claus Cooper of Orange County in the province of New York, yeoman. John Heally for £130 granted to Cornelius Claus Cooper all that tract of land being on the south side of Appoquinimink Creek commonly called New England Mans Land being the land of Bazeliell Osborne containing 400 acres. Signed John Heally. Delivered in the presence of Robert Ashton & William Tonge. Recorded 31 Jan 1706. (B2:405).

[New Castle County Delaware Land Records 1673-1710, p. 124]

 

Deed. 31-Oct-1716. Cornelius Cooper of Orange County in the Province of New York, yeoman, to John Desmarest of Appoquinimink Hd. in the County of New Castle. Whereas John Healy of Appoquinimink did by deed dated 15 Nov 1706. Now Cornelius Cooper does testify to these presents by delivery of this same indenture & in certain exchange of land in the County of Bergin in the Province of New York with 60 pounds being the boot in the exchange of the above land to me in hand paid by John Desmarest, granted to John Desmarest a tract of land on the South side of Appoquinimink Creek, bounded by land commonly called the New England Man's Land containing 400 acres. Signed Cornelius Cooper. Delivered in the presence of J. Van Dyke, Edward Pleadwell & William Yard. Cornelius Cooper appoint Hans Hanson of Reedy Island in the County of New Castle his attorney. (G1:312)

[New Castle County Delaware Land Records 1673-1710, p. 124]

 

Deed. On 12 Aug 1706. John Heally of Appoquinimy, yeoman, to Nicholas Lockyer of Swanwick, yeoman. Whereas Nicholas Lockyer & Elizabeth, his late wife, by their deed dtd 19 Aug 1699 made between them & John Heally for the consideration mentioned granted to John Heally a tract of land bounded by land formerly of Peter DeWitt, the marsh, Horse Neck or Peerdehook & land of Urian Johnson commonly called the Laymakers Hook containing in breadth 100 rod & the tract of meadow land in Peered Hook bounded by land of John Sybranson, land of Barbara, then widow of Peter Maslander, dec, containing in breadth 25 rod & 600 rod in length & all that tract of land situated in Peerde Hook bounded by land of Arman Hayne, land belonging to Jacob Clawson & a small creek containing 500 rod in length & 25 rod in breadth & all that tract of marsh land lying between the marsh of James Hallyday, marsh of Bilchy Johnson, being between the creek & river upon Swanwick side being formerly the marsh of John Sybrans Jr, all which tracts of land were then or late in the tenure of Nicholas Lockyer & Elizabeth his wife, but by virtue of the statute for transferring uses into possessions were then in the actual posssession of John Heally & the same deed expressed with this further covenant, likewise that in case it should happen sd Elizabeth should die & depart this life in the lifetime of Nicholas Lockyer, that then the sd Elizabeth should have the full power by her last will & testament as she should think fit to devise & bequeath any gift or legacy to such persons as she should appoint to the value of £100 & sd John Heally should stand seized of the sd land until the sum of £100 should be paid. Whereas Elizabeth did happen to depart this life in the lifetime of Nicholas Lockyer & did by her last will & testament did bequeath to Andrew Peterson, others the children of Adam Peterson, late of the cnty of New Castle, dec, the sum of £100 to be equally divided between them which sd Nicholas Lockyer has since paid or secured the payment thereof to the sd Andrew Peterson & other children of Adam Peterson. Now John Heally for £100 (in the will mentioned) granted & surrendered to Nicholas Lockyer all the sd tracts of land. Signed: John Heally. Delivered in the presence of William Guest & Richard Reynolds. Rec: 09 Feb 1706. (B2:419)

[New Castle County Delaware Land Records 1673-1710, p. 126]

 

Deed. On 17 Nov 1709. Cornelius Williamson of the County of New Castle, laborer & John Gorsett of Appoquinimink Creek & Jane his wife to Francis King of Appoquinimink Creek. Whereas Francis Lovelace, late Governor by patent dated in New York 26 Feb 1671 confirmed to Derrick Williamson & Derrick Lawrenson a tract of land containing 250 acres situated on the north west side of Appoquinimink Creek bounded a swamp land called Knowl Bush Haven, also the marsh lying on the creek. The said land equal moiety whereof both woodland & marsh nearest the mouth of the creek after the decease of Derrick Lawrenson, by a decree of the provincial Judges at a court held 24 Sep 1686 was adjudged to be the proper right & estate of Hybert Lawrenson & as the only heirs of said Derrick Lawrenson & the said Hybert Lawrenson in his lifetime sold the said moiety to John Heally of Appoquinimink Creek, yeoman. Which said moiety was sold to Marinus DeWitt & Anne King & whereas Cornelius Williamson aforesaid & Jane the wife of John Gosset, son & daughter of Derrick Williamson have a right & interest in said land. Now Cornelius Williamson, John Gossett & Jane his wife for consideration already paid granted to Francis King of Appoquinimink, son & heir of Anne King all right of the above said tract. Cornelius Williamson, John Gossett & Jane his wife appoint Jolm Gossett their lawful attorney to deliver this in court. Signed Cornelius Williamson, John Gossett & Jane Gossett. Delivered in the presence of Isaac Gooding, Alexander Adams & Hans Hanson. (C1:150).

[New Castle County Delaware Land Records 1673-1710, p. 154]

 

Deed. On 1 Oct 1709. John Heally of Appoquininink Creek, gentleman to Sylvester Garland of the town of New Castle, merchant. John Heally for £l86 granted to Sylvester Garland a tract of land called The Change situated on Sassafras Creek being bounded by land formerly belonging to David Jones & the said creek containing 500 acres, as by certificate from the surveyor, which said tract of land was granted by patent from Francis Lovelace, Governor, dated 20 Feb 1672 to Timothy Low & Edward Sapp & late in open court on 8 Feb 1676 confirmed to John Walker, late of the County of New Castle, dec. but before his death by his last will & testament among other bequests gave & devised the said tract of land unto Dorothy his wife, who intermarried with Walter Smith, which Walter Smith & Dorothy his wife by deed dated 20 Sep 1692 granted the said land to Mary Mayle & Mary Mayle by deed dated 31 Oct 1695 granted to John Heally. Provided that if John Heally shall truly pay the said Sylvester Garland the just quantity of 26 1/2 ounces of Spanish plate on 1 Oct 1710 & the same on 1 Oct 1711 & 356 2/3 ounces of good Spanish plate of 1 Oct 1712, then this shall be void. John Heally shall cause to pay the value of plate according to the rate of 9 shillings & a penny the ounce in good merchantable wheat, tobacco or other produce at the market price on the days mentioned. Signed John Heally. Delivered in the presence of Wessell Allrichs & Joseph Wood. Recorded 3 Apr 1710. (C1:191).

[New Castle County Delaware Land Records 1673-1710, pp. 157-158]

 

Deed. on 1 Apr 1718 John Heally of Appoquinimink in New Castle County, Esq. to Cornelius Wallraven. John Heally for £15 paid by Henry Wallraven, father of Cornelius Wallraven in 1688, & a further sum of £10 paid by Cornelius Wallraven, granted to Cornelius Wallraven a tract of land on the west side of Delaware River, the north side of Dragon Swamp bounded by land of John Molls, the King's road, land of Jacob Archer containing 600 acres formerly taken up by Gabriel Rappe by an order from the commissioners of property, which Gabriel Rappe conveyed the same tract to John Heally by deed dated 20 Oct 1686, since which time the said Jolm Heally has conveyed the 600 acres to Henry Wallraven by deed dated 3 Mar 1688. Whereas John Heally made a clause at the end of said deed that within a certain time to acknowledge a new conveyance if required by the said Henry Wallraven the with [[therewith]] Cornelius Wallraven has requested in consideration of the £l0 already paid to the said John Heally, the said John Heally has granted & confirmed the 600 acres. Signed John Heally. Delivered in the presence of Peter McFarland & Daniel Morsior. Recorded 31 Jan 1718. (E1 :251).

[New Castle County Delaware Land Records 1715-1728, pp. 7-8]

 

Wife TUENKIE

 

Was John HEALLY (HEALEY) of Appoquinimink married (second) to a descendent of Pieter Tuenis de Witt? Her name was Tuenkie. Names of Pieter de Witt's children were not all mentioned in his will. This was a typical Dutch practice, since joint wills were usually made by newly-married couples, who provided at that time for all future children they may someday have.

 

Deed. On 5 Feb 1718 John Heally of Appoquinimink Creek, gentleman, & Tuenkie his wife to Silvester Garland of New Castle, merchant. John Heally & Tuenkie his wife for £220 granted to Silvester Garland a tract of land lying on the branch of Appoquinimink Creek bounded by land of Dyers & John Hardimans containing 370 acres. Signed John Heally & Tuenkie Heally. Delivered in the presence of James Dyre, Hugh Connor, Joseph Wood & Samuel Griffiths. Recorded 13 Mar 1718. (E1 :267).

[New Castle County Delaware Land Records 1715-1728, p. 9]

 

Deed. On 8 Nov 1727 James Anderson of Dunagall township in the county of Chester, the province of Pennsylvania, gentleman, present sole acting executor of the will of Sylvester Garland, late of the City of New Castle, merchant, dec. to Hugh Rainy of Red Lyon Hundred, yeoman. Whereas Mary Mayle, late of Appoquinimink Hundred, widow by deed dated 31 Oct 1695 granted to John Heally, late of the County of New Castle, gentleman a tract of land lying on the southeast side of Appoquinimink Creek & Sassafras Creek containing 500 acres, recorded in Book B Page 115. John Heally & Tuenkie his wife by deed dated 5 Feb 1717 granted to Sylvester Garland a tract of land containing 371 acres being part of the 500 acres, recorded in Book E Page 267. Sylvester Garland made his will dated 7 Oct 1718 & devised that his executors shall sell his land that he had not bequeathed & pay his debts as soon as convenient after his death & appointed his beloved wife Anna Garland, son in law, James Anderson as executors & appoint James Anderson trustee for my son Sylvester Garland in his minority & soon after died. Anna Garland soon after married & gave up her executorship. Now James Anderson for £l70 granted to Hugh Rainey all the 371 acres bounded by Hill branch, land late of Dyre & land late of John Verdemans. James Anderson appointed Samuel Griffith his attorney to deliver in court. Signed James Anderson. Delivered in the presence of William Read, Jane Read & William Gray. Recorded 1 Dec 1727. (H1:230).

[New Castle County Delaware Land Records 1715-1728, p. 160]

 

© 2010 Elizabeth A. Johnson. Free use can be made of the above for personal genealogical research, but commercial or for-profit use is strictly prohibited.

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