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Facts and Events
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Overview
Charles Hays was likely the eldest son of William and Elizabeth. There are no known records that provide his exact date of birth but an estimate can be derived from historical records.
- In the Wythe County personal tax records Charles Hays is the first of William's sons to be listed on his own and shows up in 1795. If he was a legal adult in that year (ie. twenty-one years of age), his birth year is approximately 1774 or 1775.
- Charles Hays is found in the US Federal Census records from 1810 through 1840. In the 1820 Census for Wythe County, VA. the eldest male in the household (undoubtedly Charles) was reported as being between the ages of 26 and 44. If he was born before 1775, he should have been in the 45 years of age and above column. The 1830 and 1840 Census schedules do not help in narrowing his birth date.
Charles married Nancy Gilmore on March 12th 1796 (ref S1). Nancy's maiden name is confirmed indirectly through the name of the first son born to Charles and Nancy who was James Gilmore Hays.
Charles and Nancy migrated to Columbia township in Boone County, Missouri sometime after 1830 and before 1840. The year of the departure was almost certainly 1832 based on land transactions. Land records in Missouri indicate that Charles' sons (James Gilmore and Isaac) left the Rich Valley some years prior. James Gilmore Hays disappeared from the Wythe Co. tax record in 1826 and was found in the same year purchasing 80 acres in Boone County jointly with his brother-in-law and cousin Robert Gillespie (Gillaspie).
Charles' death date can be narrowed down and found in the Smyth Co. Virginia deed books. Isaac Hays, son and executor of Charles Hays' last will and testament, sold the subdivision of land that was granted to Charles from his father William at his decease. The land is described in William's will as "the tract of land lying in the bend of the river and separated by said river by James Hays's other lands". This tract was surveyed in 1845 and contained 19 and 1/4 acres. Isaac sold Charles' land back to his cousin, Calvin M. Hays, who was the executor for his father James Hays. Isaac had to prove his executorship to the Smyth Count court which was done by exhibiting Charles' last will and by the testimony of several members of the Boone County Missouri court. This was all copied into the Smyth Co. deed book. September 4th 1847 is the day Charles Hays' last will and testament was presented in Boone County court.
Image Gallery
References
- Dodd, Jordan. Virginia, Compiled Marriages, 1660-1800: [database on-line]. (Provo, UT, USA: Ancestry.com Operations Inc., 1997)
12 Mar 1796. - Wythe Co. Virginia Deed Book 4, in Charles Hays of Rich Valley VA - Last Will and Testament
Deed Book 4 / pgs. 457-461, bef. 4 Sep 1847.
Be it remembered that, I, Charles Hays of the State of Missouri Boone County do on this 23rd day of May in the year of our Lord one thousand eight hundred and forty seven make this my last will and testament revoking thereby all other wills and codicils previously made by me.
First, I will and bequeath to my son Gilmore Hays three hundred dollars,
Second, I will and bequeath to my daughter Barbara Hays my negroe man Aaron and negroe woman Ellen together with her household furniture that she claims at this time on my premises all the above to her and the legal heirs of her body forever. And should my daughter Barbara Hays die without issue the negroe man Aaron is to be free and go out as free as if he had never been in bondage. The negroe woman Ellen and other property to be at my daughter's disposal.
Third, I will and bequeath to the heirs of my son-in-law Henry Umbarger and his wife Isabella Umbarger which was my daughter the sum of Fifty dollars each.
Fourth, I will and bequeath to the heirs of my son-in-law Absalom McDaniel(?) and his wife Elizabeth McDonald(?) which was my daughter the sum of Fifty dollars each.
Fifth, I will and bequeath to my son Isaac Hays Two negroe boys named Eli and Rees by his paying to my son William Hays two hundred provided said William Hays shall give up to my executor a note which he holds against me as principal of Robert Tharp as security which note has been paid off, and if he does not give up the note the amount of the same is to be discounted out of the above named sum.
Sixth, I will and bequeath to my son William Hays the Two hundred dollars as above named if he complies the condition as above mentioned, If not, the balance after deducting the amount of the note.
Seventh, I will and bequeath to my Grandson Richard Hays, son of Lee Hays, the sum of Fify dollars.
Eighth, I will and bequeath to the legal heirs of my son Charles Hays the sum Fifty dollars each.
Ninth, I will and bequeath to my daughter Nancy Young wife of Perry Young during her natural life (and not at the disposal of her husband) a negroe girl named Celia and afer the death of my daughter to my legal heirs the said negroe if alive and to the said Perry Young One dollar in cash.
Tenth, I will and bequeath to my daughter Eleanor Tharp wife of Robert Tharp and to the heirs of her body one negroe girl named Milly and said Robert Tharp One dollar in cash.
Eleventh, I will and bequeath to my daughter Minerva S. Newman wife of A.G. Newman Three hundred and Fifty dollars which I paid for her husband A.G. Newman in the purchase of tin and the tools for his use of the tinners shop in which he works. I will the tin and tools to her and her heirs forever (that is the heirs of her body) and to the said A.G. Newman One dollar in cash.
Twelfth, I will and bequeath to my son Charles M. Hays if still alive my negroe man Armstrong provided he will not remove him out of the County, and if he is not living I will and bequeath said negroe man Armstrong to my daughter Eleanor Tharp and the heirs of her body.
Thirteenth, I will that my old negroe woman Peggy after my deceased be at liberty to go and live where she pleases among my children.
Fourteenth, I will that after my decease my land and all my other property not previously disposed of in the above will shall be sold and after paying off the above bequests and settling my estate, I will if there be any balance remaining that it be equally divided amongst my heirs share and share alike. And if A.G. Newman shall pay three hundred and fifty dollars which I borrowed from Prewitt (?) and Branham for the purpose of purchasing the tin and tools as aboved named then my daughter is to have the three hundred and fifty dollars to her and her heirs to be paid over to her the said Minerva S. Newman, by my executor out of the amount of the above named sale of land and other property for the benefit of herself and the heirs of her body, And I do appoint and ordain my son Isaac Hays Executor of this my last will and testament, in witness whereof I have here unto set my hand and seal the day and date above written.
C. Hays (seal)
Signed in presence of us:
Robert A. Younger
E.S. Field
Mary A. Field
State of Missouri }
County of Boone }
Be it remembered that on the 4th day of September A.D. 1847 the foregoing last will of Charles Hays, late of said County, deceased, was produced before the Clerk of the County Court of said County for probate and thereupon came Edmund S. Field and Robert A. Younger, two of the subscribing witnesses thereto who being duly sworn testified that the said testator signed and published the same as his last will and testament, that he was of sound and disposing mind at that time and over 21 years of age and that they attested the said will by subscribing their names as witnesses to said will in the presence of the said testator.
Robert A. Younger
E.S. Field
Which proof is deemed by me sufficient to establish said will. In testimony whereof, I, Warren Woodson, Clerk of said Court have hereunto set my hand and affixed the seal of said Court at office this 4th day of September AD 1847.
Warren Woodson, Clerk
State of Missouri }
County of Boone }
Recorded the foregoing last will of Charles Hays, deceased, in my office and also the testimony adduced in support of the same in my office this 4th day of September AD 1847.
(signed) Warren Woodson, Clerk
State of Missouri }
County of Boone }
I, Warren Woodson, Clerk of the County Court within and for the said County of Boone do hereby certify that the foregoing is a true and exact copy of the letters testamentary granted to Isaac Hays as Executor of the last will of Charles Hays deceased also of the said will and the testimony in support of the same all being or record in my office. In testimony whereof I have hereunto set my hand and affixed the seal of said County Court at off this 18th day of October A.D. 1847
Warren Woodson, Clerk
State of Missouri }
County of Boone }
I, Alexander Persinger, presiding Justice of the County Court within and for the County of Boone aforesaid do hereby certify that Warren Woodson whose name is subscribed to the foregoing certificate was at the time of subscribing the same and now is Clerk of said Court and that full faith and credit is and ought to be given to all his official acts and that his certificate is in due form of law. Given under my hand this 4th day of November A.D. 1847.
Alexander Persinger
Virginia: At a Court held for Smyth County the 21st December 1847:
The foregoing copy of the last will and testament of Charles Hays deceased was presented in Court and being regularly authenticated from the County Court of Boone County Missouri in which the same was admitted to probate it is ordered that the same be recorded.
Teste: Wm. B. Morgan, D.C.
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