Person:Barbara Hays (2)

Contents 1 Overview 2 Death 3 Land		Hays Tapestry Registers Data Notes Analysis Bibliography Index YDNA. Hays Chalkley's
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Overview

Barbara Hays' birth date is estimated between 1778 and 1784 based on US Census records (1830 & 1850) and the date of her first marriage to William Gillespie on 10 April 1800. This date range would make Barbara between the ages of 16 and 22 at the time of this union.

Just like her sisters, Nancy and Elizabeth, Barbara is not named in the last wills and testaments of either of her parents but she is also named in the final distribution of cash from her father's estate. The settlement papers reference her as Barbary Wares . This entry provides clues to her second marriage for which a record is found. Barbara "Barbary" married Robert Weirs (Wares) on 19 April 1812.

Barbara moved with her first husband William Gillespie to nearby Russell County which is just north of the Rich Valley in the Clinch River Valley. Her marriage to Gillespie did not last long as he died on March 7, 1805. Russell County Law Order Book 3 (1799 -1808, Part 2) informs us that her father William traveled to Clinch area to help Barbara settle the estate of her late husband.

23 Apr 1805: P383 - William Gilmore & Robert Gillespie, appear in court and under oath say that William Gillespie died on the 7th of March 1805 and that he, a few hours before his death, declared in the presence of the said William Gilmore and Robert Gillespie that he wished his wife to return to her father's house and take her children with her -- that her father would take care of her and that the whole of his estate to be expended, if necessary, on the care of his wife & children and that he called the said William & Robert as witnesses thereto, ordered recorded as the non-capative will of William Gillespie.

P385 - Motion of Barbara Gillespie & William Hays. Security: William Gilmore, adm granted on the estate of William Gillespie, decd

P385 - John Jesse, Jr., John Colley, Samuel Hays & Jacob Raresnake to appraise the estate of William Gillespie, decd

NB: The fact that Samuel Hays is appointed to appraise the Gillespie estate is potentially significant for HAYS researchers as it suggests a relationship, in this author's opinion, between the Rich Valley HAYSes and the Clinch River HAYS clan, of which there are several who made their way to Nashville, Tennessee and supports the relationship of William Hays' neighbor (and likely brother), Capt. John Hays, Jr. and wife Rebecca, as kin to the Hermitage HAYSes.

The 1810 US Census for William Hays' household indicates an "extra" adult female who is the correct age for Barbara as well as additional young females and a male whose ages fit what is known about her Gillespie children. One can reasonably conclude that Barbary did, in fact, move into her father's residence for some time -- probably until she remarried to Robert Weirs/Wares. The census for William's household in 1820 provides the evidence that she was on her own again by that time.

The story for Barbary Hays Gillespie continues with the Wythe County VA marriage record that documents her union with Robert Wares on the 19th of April in 1812 as previously written. It was learned from a distant cousin and fellow HAYS researcher that Robert plied the trade of a blacksmith in Chatham Hill which was the name of the section of Rich Valley in which the HAYS family lived.

The facts concerning this family in the remainder of this article are primarily known through the compilation by Jennie Lewis (email: flewis@pacbell.net) which is published on the Macon County Missouri GenWeb site. The compilation is well-sourced and attribution to original research from professional genealogists and historical documents are provided. The author will attempt to capture the highlights concerning only Barbara but one can view the entire compilation by following this link: [Wares Family Profile, compiled by Jennie Lewis]

1820, Robert Wares Family was found living in Wythe County, Virginia. In addition to Robert and Barbara Wares, there appears to be Nancy Gillespie (Barbara & William's daughter); William; Samuel H.; Mary Ann; and Minerva; two males born between 1812-1820. These could be additional children that need to be researched.

Robert Wares Family was found living in Washington County, Virginia in 1830.

Smyth County, Virginia records reveal that Barbara outlived her second and younger husband Robert.

The Smyth County, Virginia Wills list shows a Robert Wares with an appraisal on June 15, 1832 (Page 1, Book A) and a Sale List on December 20, 1832 (Page 2, Book A). The Appraisal reveals that the Estate of Robert Wares (deceased) was ordered to be appraised by the County Court of Smyth, Virginia prior to the June 15, 1832 date. Barbary (Barbara) Wares, Administrator, produced the appraisal on June 15, 1832, which was filed by the court on December 20, 1832. The appraisal contained farm items, livestock, and household goods, which were valued at about $1,134.25. The Bill of Sale contains a list of items which were sold by the administrator, Barbary (Barbara) Wares on June 16, 1832. The listing reveals that Barbary Wares purchased $170.82 in goods and $182.50 in animals and goods. Since we now know that Barbary Wares is Robert's wife, Barbara Wares (1841 Macon Co., MO Deed between Barbara Wears and Samuel H. Wears), we know that Barbara purchased from her husband's estate sufficient furniture, livestock, and goods to continue to run the farm.

After the death of Robert, Barbara and her children remained on and worked the family farm, according to tax records, until about 1838 when they migrate with other families to Macon County Missouri -- just north of her brother Charles and other allied families who settled earlier in Boone County.

Death

Barbara Hays died intestate in Macon County, Missouri. The following information on Barbara's death is taken from the above-name compilation.

Barbary Wears, File #369A, July 5, 1852, Recorded Macon Co. Courthouse, Book B, Page 174-175 revealed that Barbary Wears died without a will. The Estate was administered by William Griffin (Son-in-Law) and husband to daughter Minerva Wears and Richard T. Johnston (son-in-law) and husband to daughter Mary Wears. The probate records includes a sworn statement by William Griffin and Richard Johnston that Barbary Wears heirs are:

• Robert Gillespie (Boone Co., MO), son from first marriage
• Elizabeth (Gillespie) Hays, deceased wife of Gilmore Hays (Boone Co., MO). Thus, her heirs will receive Elizabeth's share. daughter from first marriage.
• Nancy (Gillespie) McCarty, wife of Enoch McCarty (MO); daughter from first marriage.
• Mary Ann (Wears) Johnston, wife of Richard T. Johnston; daughter with Robert Wears. (Macon Co., MO)
• William Wears (Macon Co., MO); son with Robert Wears
• Samuel Wears (Macon Co., MO); son with Robert Wears
• Minerva (Wears) Griffin, wife of Capt. William Griffin (Macon Co., MO); daughter with Robert Wears

On July 14, 1852, Barbary Wears property was inventoried and included 10 slaves. An abstract of Title dated September 20, 1828 was a part of the inventory and revealed that title for the slaves in Barbary Wears hands were relinquished to Robert Wears of Washington Co., VA for value received of him. The document was signed by Nancy Gillespie. It was witnessed by Jacob Hays and Charles Hays.

On August 16, 1852 a sale was held of Barbary Wears property. Those purchasing an extensive inventory of goods include in part:

• Samuel Wears
• William Wears
• William Griffin
• Richard T. Johnston
• Fountain Daugherty
• Johnathan McCarty
• Charles A. Hays

Note: Fountain Daugherty/Dougherty was a neighbor and appears to have been close to the Wares/Wears family since William Wares names a child Robert Fountain Wears. Jonathan McCarty is the son of Nancy Gillespie and Enoch McCarty, Jr.. Charles A. Hays is the son of Elizabeth Gillespie and James Gilmore Hays.

Land

September 1828, Washington Co. VA, Deed Book 9, pp.643-4: 134 Acres in the Rich Valley (further West from William's land) Purchased from Enoch McCarty also of Washington County Enoch executes a deed to Robert; no witnesses; signed by Enoch. Certificate of acknowledgment dated 20 September; recorded 23 September 1828.

Note: Based on the sale date, the grantor is Enoch McCarty, Jr. and the husband of Martha "Matty" Hays. Martha died this same year but it's not known whether she was still alive when the land was sold to his brother-in-law. Enoch McCarty, Jr. later married Nancy Gillespie, daughter of this Barbara.