Person:James Hays (36)

Contents 1 Overview 2 Last Will and Testament		Hays Tapestry Registers Data Notes Analysis Bibliography Index YDNA. Hays Chalkley's
	……………………..The Tapestry Families Old Chester OldAugusta Germanna New River SWVP Cumberland Carolina Cradle The Smokies Old Kentucky

__________________________

Overview

James Hays was the middle son of three male children born to William and Elizabeth Hays. In Ancestry.com family trees, James is given the birth date of August 19th 1781; however, in preparation for this article no source for this date was found. A careful analysis of tax lists and US census records for this family revealed that James might have been born as late as 1784 or 1785.

A Washington Co. VA marriage record reveals that James married Susanna Hayter on August 25, 1809. Susanna was a cousin to John Jamison Hayter who married James' sister Elizabeth.

Although James was not the oldest son, he was bequeathed the bulk of the original HAYS family lands in his father's last will and testament "at the death of my wife (Elizabeth)". James' mother didn't pass away until 1846, at nearly 90 years of age, so he lived and worked the land but didn't take legal ownership until after this date if at all. At the death of his mother, James refused to take on the burden of Executor for her estate which may reveal that he was not healthy due to illness or age. He did not outlive his mother by many years.

The death date for James Hays is given as the 6th of June 1851. Probate records support the date of decease for James. He left a will that is transcribed below and amended the will with a codicil which is also included. James is buried in the Hays Family Cemetery on the plantation in the Rich Valley and, although there is no readable headstone, he is reportedly buried in plot 21.

Last Will and Testament

In the Name of God, Amen

I, James Hays, of the County of Smyth being weak in body but of sound mind knowing the uncertainty of human life and certainty of Death and having a desire to make such disposition of my temporal affairs as seemeth to me to be just do make this my last will and testament; in manner and form following:

To wit, I wish all my perishable property sold by my Executor except my slaves as soon as practicable after my decease and out of the money arising there from all my just debts and funeral expenses paid.

Secondly, I give to my daughter Eliza Umbarger my negro woman Isabella and her daughters Darthula and Arnon together with all the advancements made to her, for her and her heirs to hold forever.

Thirdly, I give to my son Calvin M Hays my negro man Daniel and my negro boy Andrew. I also leave my man Harry with my son Calvin M Hays for him to maintain and take care of as long as said negro man lives, for him and his heirs to hold forever with all other advancements.

Fourthly, I give to my daughter Mariah Buchanan my boy John Allen and my negro girl Elender and my girl Fillis with all other advancements made her for her and her heirs to hold forever.

Fifthly, I give to my daughter Mary Hiley my negro woman Nancy also two hundred dollars to be paid her by my Executor in twelve months after my decease and if in case said Mary Hiley should depart this life without heirs of her body then said Nancy and her increase is to be equally divided amongst my other children.

Sixthly, I give to my son Calvin M Hays all the land I now own except one tract known by the name of the Flewts (?) tract now occupied by Michel T Damron for him and his heirs to have and to hold forever.

Seventhly, I give to my daughters Eliza Umbarger, Mariah Buchanan and Mary Hiley my Flewt tract of land where Michel T Damron now lives to be equally divided between the three so as to give free access to the spring for them the their heirs to have and to hold forever.

Eighthly, After the payment of all my just debts and funeral charges and two hundred dollars which I have above given to Mary Hiley is paid by my Executors whatever balance of my Estate that is remaining in their hands I wish to be equally divided between the above named children;

I do appoint my son Calvin M Hays and Martin Davis my Executors to this my last will and testament in witness I have affixed my hand and seal this 27th of May 1851.

James Hays (his mark and seal)
Martin Davis
Reuben Kinder
Robert Young
Zadock Sexton

I, James Hays, of the County of Smyth having made my last will and testament on the 27th day of May 1851 and having omitted to name certain property that I wished to give, in remedy thereof, I do hereby make this as a codicil and part of said will without revoking or changing the same in any part except the eighth clause; first I give my son Calvin M. Hays my waggon and 4 pair gears for him to have and to hold. Secondly, I give my daughter Eliza Umbarger all the right I have to a certain negro woman now in possession of said Umbarger for her to have and to hold forever; in witness whereof I have caused my hand and seal to be affixed this 2nd day of June 1851.

James Hays (seal)
Martin Davis
Zadok Sexton
Robert Young

Virginia: At a Court held for Smyth County 17th day of June 1851

This the last Will and Testament with the Codicil thereto annexed, of James Hays deceased, was produced in Court and proved as to the Will by the oaths of Martin Davis, Reubin Kinder, Robert Young and Zadock Sexton; subscribing witnesses thereto and as to the Codicil by the oaths of Martin Davis, Zadock Sexton and Robert Young, subscribing witnesses thereto; and ordered to be recorded; and on the motion of Martin Davis and Calvin M. Hays, the Executors therein named, made oath thereto, and together with James Umbarger, Robert Young, Reubin Kinder and Peter Killinger acknowledged a bond in the penalty of $4000 conditioned as the law directs, certificate is granted them for obtaining a probate of said will in due form.
Teste, James F. Pendleton