- H. Andrew HaysABT 1716 - 1786
- W. Margaret Walker (add)
Facts and Events
Andrew Hays was one of the Early Settlers of Augusta County, Virginia
- Source:Chalkley's Chronicles
- Transcript:Will of Andrew Hays (2), Augusta, 1786
Andrew Hays' land (Borden Tract, NW, 250 & 307 acres, 1754 and 100 acres, 1766) as shown on the map meticulously drawn by J.R. Hildebrand, cartographer. This map is copyrighted©, used by permission of John Hildebrand, son of J.R. Hildebrand, April, 2009.
Andrew Hays' land (Borden Tract, NE, 200 acres, 1763) as shown on the map meticulously drawn by J.R. Hildebrand, cartographer. This map is copyrighted©, used by permission of John Hildebrand, son of J.R. Hildebrand, April, 2009. Note that Andrew's tract of 100 acres acquired (also shown in may above) is shown to the west of this tract.
Acquisition of Land from Chalkley's:
- Page 416.—21st August, 1754. Same (from Benjamin Borden's executors) to Andrew Hays, £14, 717 acres in three separate surveys, joining the lines of said Andrew's old plantation, part of 92,100 acres. First tract, John Walker's line by north edge of Moffet's Creek; Back Creek to Forks of Walker's Creek; Andrew Hays' old line passing by the dwelling house, grist mill and fulling mill, 307 acres. Second tract, on Hays' Creek; corner to his old survey, 250 acres. Third tract; corner Charles Hays; Andrew Hays' corner; line of Charles Hays' new survey. Delivered to Andrew Hays, March, 1757.
- Aug 22, 1754 Deed Book V, Page 17. (this deed was recorded 16th November 1752, and 2 has been erased and 4 inserted). Same to Andrew Hays, 250 acres, as above. Corner Charles Hays; Thomas Paxton's line. [csisv3 p.308] Hugh Martin sold to Andrew Hays, 1754, 250 acres for 30p 5s.
- Oct 15, 1765 Deed Book XII, Page 247. Henry ( ) Miller and Elenor ( ) to Andrew Hays, Gent., 55, 231 acres in Borden's tract, John Walker's line by the edge of Moffett's Creek, Oak on Back Creek, the Forks of Walker's Creek. Teste: Andrew and Wm. McCampbell, Andrew Hayes. [csisv3 p.432]
- Oct 2, 1766 Deed Book XIII, Page 28. [Borden's executors] to Andrew Hays, 20, 100 acres, part of 92100, beginning on Back Creek in John McCoskry's line, corner Isaac Anderson; John Buntin's corner. Delivered: Robert Risk per order, 20th December, 1773. [csisv3 p.443] Hays, Andrew--100 [acres]--20p--1766--Back Cr., adjoining Isaac Anderson. [hrcv,345 ]
Disposition of Land from Chalkley's:
- May 12, 1762 Deed Book X, Page 370. Andrew Hays and Margaret to Henry Miller (Dutchman), 40, 231 acres, part of Borden's 92100, on Moffet's Creek, on John Walker's line, on Back Creek, Fork of Walker's Creek. Acknowledged and privy examination. [csisv3,385] Hays, Andrew to Henry Miller, 231 acres, 20 p, 1762. [hrcv, 358]
- June 8, 1765 Deed Book XII, Page 98. Andrew Hays and Margaret ( ) to William Miller, 30, 337 acres on branches of James. [csisv3 p.427] Hays, Andrew to William Miller, 337 acres, 30 p, 1765. [hrcv, 358]
- Oct 15, 1765 Deed Book XII, Page 249. Andrew Hays and Margaret to John Kelley, 46, 231 acres in Borden's tract, John Walker's line by North edge of Moffet's Creek; ash on Back Creek as above. Delivered: John Kelley, 10th August, 1773. [csisv3 p.432-3]
- Nov 15, 1770 Deed Book XVII, Page 148. Andrew Hays to John Hays, 5, 300 acres of Borden's 92100, below forks of Hays and Moffet's Creeks. Corner Charles Hays. Teste: Andrew McCampbell, John Walker, John Walker, Joseph Moore. [csisv3,508]
See:Transcript:Willl of Andrew Hays, Augusta County, 1786
- Will of Andrew Hayes of Rockbridge, dated 9th February, 1786. Eldest son, John Hays; sons, James and Charles; daughters, Prudence Brownlee, Mary Hayes; sons, Joseph and David (infants). Recorded in Rockbridge, 3d May, 1786.
Full Text of Andrew Hays' Will
- In the name of God Amen this Ninth Day of February in the year of our one thousand seven hundred and Eighty Six. I Andrew Hays of Rockbridge County and Commonwealth of Virginia being sick and wake of Body but of sound and perfect mind and Memory professing the true and Christian Reformed Religion and caling to mind the moratality of my Body knowing that it is appointed for all Men once to Die, do mak constitute and Ordain this my last Will and Testament Recommending my Soul to the living God who gave it and my Body I will it to be Buried in a Decent manner at the Discreation of my Executors....
- 1st- all Debts due to me be Collected and all Debts due by me to others be justly and Honestly paid.
- Item- I will and Bequeth unto my Eldest son John Hays the Plantation that I now live on containing four hundred Acres with all Buildings, Mills, Orchards & c to him his Heirs and Assigns for ever provided he the said John Hays pays the Sum of one hundred Pound unto my son James Hays and likewise the Sum of one hundred pound unto my son Charles Hays. Likewise, to son John a Negroe Boy named Will.
- Item- I will and Bequeth unto my son James Hays the Plantation he now lives on containing two hundred and fifty acres with all Buildings Orchards & him his Heirs and Assigns for ever. My son John to make him a sufficient Right and Title for the same. Likewise, to my son James a Negroe Boy named Cato.
- Item- I will and Bequeth unto my son Charles Hays the Plantation that he now lives on with all Buildings Orchards & c to him his Heirs and Assigns for ever I likewise will and bequeth unto my son Charles a Negroe Boy named Cube to him his Heirs and Assigns.
- Item-I will and bequeth unto my Daughter Prudence Brownlee the sum of five shillings.
- Item- I will and bequeth unto my two sons Joseph Hays and David Hays a Plantation lying in the Forks known by the Name of the Stone house Plantation containing six hundred Acres with all Buildings Orchards &c to them their Heirs and Assigns forever to be equally Divided between them by my Executors but if either of them Die before they arive at the age of twenty one years and without lawfull Isue than there Parts or Part to be equally Divided amongs my other Sons.
- Item- I will and bequeth unto my Daughter Mary Hays a Negroe Wench named Sue to her, her Heirs and assigns and also four Cows Horse and Saddle bed and furniture and Household furniture at the Discreation of my Executors but if she my Daughter Mary Dies without lawfull Isue the above mentioned Wench & c to be equally Divided amongst my Sons.
- I order that all my other Negroes be continued on the Plantation that I now live on, and the stone house Plantation for the term of two years under the Direction of my Executors. Increase of said Plantations for said Term with what Collections can be made to be applyed by my Executors to the setling my Accounts and the remainder if any to be equally Divided by my Executors amongst my five sons John, James, Charles, Joseph and David to them their Heirs and Assings but if both or either of my two youngest sons Joseph and David should Die before they arive at the Age of twenty one Years and without lawfull Isue then there part or parts to be Equaly Divided amongs my other sons.
- I order that all Land belonging to me and not already Willed and Bequethed be sold by my Exrs. and the money arising therefrom be equaly Divided amongst my sons.
- I do constitute, Ordain and appoint my son John Hays, Joseph Moore & John Walker sole Executors of this my last Will and Testament and do hereby Revoke and disanul all other Wills and Testaments by me heretofore made declaring this to be my last Will.
- In witness whereof I have hereunto set my hand and Seal the Day and Year above written.
- (Signed) Andrew Hays (seal)
- Signed Sealed and Delivered in the presents of us John Moore John Walker James Moore
- Rockbridge County Court 2 May 1786 Last Will and Testament of Andrew Hays Dec'd presented in Court by John Hays, Joseph Moore, Jno. Walker & James Moore, witnesses. Ordered to be recorded. On motion of Executors, certificate granted for obtaining Probate. Giving security with James Gilmore & William Wardlaw their securities acknowledged bond for £3000.
- Teste: Andrew Reid Cl.
Records of Andrew Hays
From Chalkley's Augusta County Records:
1745 Andrew Hays made lieutenant. [hrcv,54]
Mar 2, 1747 John Hays, son of Andrew, born Augusta County, Timber Grove, Va. [igi]
May 20, 1747 Andrew Hays [appeared in court] in behalf of his mother, Rebecca Hays. [csisv1,27]
Page 218.—27th February, 1749. Hugh Martin's bond as administrator of Martha McCord, with sureties Charles and Andrew Hays.
Page 186.—23d August, 1749. Isaac Anderson's appraisement by Hugh Martin, Francis McCown, Andrew Hays.
Feb 26, 1750 Will Book I, Page 294. Gilbert Campbell's will, of Forks of James River, plantationer -- ... Proved, 26th February, 1750 by Thompson and Allison, and probate granted to Andrew Hays. [csisv3,19]
Page 291.—25th December, 1750. John Hays' will, plantationer—Wife, Rebecca; three sons; son, Andrew; son, Charles; son, John (land on Roan- oke joining William Miller's plantation) ; nephew, John Hays, Jr. (Rebecca Hays, daughter to son John); daughter, Jenett Mills; nephew, (?) Rebeckey Guines; nephew, Robert Lusk; nephew, James Hays, son to son James; legatee, Robert Lusk; legatee, Abigail Hayes, alias Kinseys. Executors, wife Rebecky and sons Charles and Andrew. Teste: James Buchanan, Saml. Hayes, James Moore. Proved, 26th February, 1750, by all witnesses, and Charles and Andrew refuse to administer, and Rebecca qualifies with sureties (no bond appears).
Feb 27, 1750-51 Will Book I, Page 308. Andrew Hays' bond as executor of Gilbert Campbell, with sureties Charles Hayes, James Walker. [csisv3,20]
Aug 28, 1751 Robert Lusk chose Andrew Hays guardian. [csisv1,46]
Aug. 20, 1752 Andrew Hays qualified Lieutenant of Foot. [csisv1,54]
Aug 24, 1752 Charles Hays born Augusta Co., Va. son of Andrew and Prudence (Campbell) Hays [rcmmr,122] 1752 (about) Charles John Hays born Rockbridge County, Va. [igi]
Aug 27, 1752 Deed Book V, Page 14. Hugh Martin to Charles Hays, 250 acres on Back Creek in Borden's Grant; corner Andrew Hays; John Buchanan's land. Teste: Andrew Scott, Andrew Hays, Majot Scot. Delivered: Andrew Hays, July, 1757. [csisv3 p.308] Hugh Martin sold to Charles Hays, 1752, 250 acres for 55p. [hrcv , 347]
Mar 18, 1757 Andrew Hays --- took the oaths. [csisv1,76]
1758 John McCroskey road overseer from Alexander Millers to the line of Beverly Manor; Charles Hays from Andrew Hays' mill to Captain Kennedy's. Order for a road from Hays' mill to Timber Ridge meeting house. Overseers, Alexander Miller, Joseph Culton, and Archibald Alexander. [hrcv,57]
April 14, 17-- Court of Claims -- propositions and grievances: Andrew Hays for ranging and provisions for his company. Andrew Hays for provisions to John Woods. [csisv1,80]
1760 From a list of patents on the waters of the upper James between the Blue Ridge and the North Mountain: Hays, Andrew, 337 acres --branches of James. [hrcv,351-52 ]
1760 (about) James Hays, son of Andrew and Prudence born Augusta Co., Va.
Aug 19, 1761 Archibald Alexander, Felix Gilbert, Andrew Hays, John Tate, John Buchanan, to survey a road from Stuart's to the top of the mountain near Rockfish Gap. [hrcv,57]
[between 1762 and 1765] Andrew Hays vs John Moore} dedimus to take possession of Jane Hays, about to move to Carolina. [csisv1,125]
1763 (about) Prudence Hays (daughter of Andrew) born Rockbridge County, Va. [igi]
Feb 14, 1763 Deed Book XI, Page 137. [Borden's executors] to Andrew Hays, 50, 200 acres, part of 92,100; corner Samuel McDowell; corner James McDowell. Delivered: John Hays, January 1770. [csisv3 p.394]
Hays, Andrew--200 [acres]--120p--1763--on hill above mill. [hrcv,345 ]
Sep 18, 1763. Deed Book XI, Page 523. Samuel Hays and Elisabeth ( ) to Wm. Thomson, 45, 100 acres in a line of Borden's great tract, near land of John Edmiston. Teste: Wm. Buchanan, Archibald Reaugh, David Wilson, George
Aug 21, 1765. [Commission for privy examination of] Margaret Hays, wife of Andrew Hays, deed to John Miscampbel, dated 21st August, 1765. [csisv1 ,429]
Nov 14, 1771 Deed Book XVIII, Page 253. James Wardlaw and Martha to James Logan, Samuel Buchanan, Alexander Walker, Sr., Andrew Hays, James Henry, James McCampbell, Thomas Hill, John Huston, Alexander Walker, Jr., elders of the Congregation of Presbyterian Dissenters of New Providence, 50, 8 1/2 acres whereon New Providence Meeting House now stands; Andrew Duncan's line; trust for purpose of a meeting house for public worship, and a graveyard. Teste: Alexander Sinclair, Samuel Bell, George Weir. Delivered: Joseph Moore, 1st April, 1796. [csisv3,520]
November Court, 1773. [csisv3 p.429] Hays, Andrew (Margaret) to John Miscampbell (McCampbell) 250 acres, 50 p, 1765. [hrcv, 358]
Feb 9, 1786 Will of Andrew Hays mentioned: sons Charles, David, James, John, Joseph, and daughters Mary and Prudence. Rockbridge County, Va. [igi]
1786 Andrew Hays, miller died. Children: John, Charles,, James, Prudence (m. --Brownlee), Joseph, David, Mary. [hrcv, 491]
This appears to be a different Andrew Hays, according to the following account that was killed by Indians in Augusta County, VA about 1763:
Page 145--Wm. Patton, aged 64, deposes, in Rockbridge, 7th November, 1806, he has lived in Rockbridge 56 years since last May. After the Revolution there was a rapid increase of immigration from the North. James Wardlaw and deponent's father were intimate. James had a son Hugh and a son Robert. There were Indian troubles for about 10 years. Fifty years ago there was a fort at McClung; the last incursion was 43 years ago, when 16 or 17 people were killed. Deponent helped bury them and they were attacked at the burial. These were very early settlers, viz: James, Alexr. Saml. Walker, James Moore, Saml. Coalter, Jno. Wallace, Archd. Rhea, James Rutherford, James Buchanan, ANDREW and CHARLES HAYS. Deponent was born September, 1742. McDowell was killed Christmas or New Year's, after his birth. ]Note: this reference appears to be for the 2nd Kerr's Creek Massacre, which occurred in 1763].
This appears to be an interpretational error. Andrew is included in a list of early settlers. The list is not a list of those that were attacked or buried
From: CHRONICLES OF THE SCOTCH-IRISH SETTLEMENT OF VIRGINIA; Vol 2, pp
150 - 159 by Lyman Chalkley http://www.rootsweb.com/~chalkley
(my notes: PROVEN CHILDREN of Andrew Hays, son of the immigrant John Hays of Augusta Co., VA are - DAVID HAYS whose proven children were: David Orestes King HAYS and Mary HAYS, both under 21 years of age in 1810. David HAYS, dec'd by 1810, must have been married to _______ MONTGOMERY. John Hays, b. c1776 VA., died in Rockbridge County on his farm near Rockbridge Baths, VA., according to Shirley Craft, Historian, Col. Thomas Hughart DAR Chapter, Staunton, VA. Ms. Craft sent E-mail in Oct. 2002 saying "After the Rev. War, Maj. Hays taught at the Mount Pleasant Academy near Fairfield, one of the forerunners of Washington and Lee University. There are a number of records in Rockbridge County about him and his family." PROVEN CHILDREN: Michael (oldest?), Andrew, John and Campbell Hays and a widow Ann/Anne.)