Person:John Hays (34)

Not to be confused with John Hays [d. 1811, Wilson Co., TN] who migrated from Augusta County, Virginia, was married to Rebecca ____, and died in Wilson County, Tennessee. Some researchers have confused the two John Hays.

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Background

This Smith Co. Tennessee John Hays was thought to be the same man as Capt. John Hays, Jr. who owned land called the "Buffaloe Bottom" in the Rich Valley on the North Fork of the Holston River in Southwest Virginia near the present-day town of Marion.

Research from a professional genealogist, the late Madelon Wright Smith, past-president of the Mount Juliet-West Wilson County Tennessee Historical Society, has come to hand that appears to more correctly connect a Wilson County John Hays who died intestate sometime in late-1811 to the Captain John Hays, Jr from Virginia. The two most-relevant facts for this connection are the name of his wife and the sale of land in the same area of Virginia.

It is known that Capt. John Hays, Jr. and his wife, Rebecca, sold their land (220 acres called The Buffaloe Bottom) in the Rich Valley of Virginia on July 1, 1786. The Smith Co. John Hays, at the time of his decease in 1814, named a wife Mary but this contradiction was dismissed and explained away with the idea that Rebecca may have died and John remarried. In fact, the Wilson Co. John Hays had a wife, Rebecca, who was named adminstratrix of John's estate in 1812. This same Rebecca Hays named, in her own Last Will and Testament, a daughter, Sally Drew, who married a Newitt (or Newt) Drew.

In 1803, John and Rebecca Hays of Wilson Co., TN deeded land in Tazewell Co., VA to Sarah and Newitt Drew, which was land known to be awarded posthumously to Capt. Thomas Maxwell for military services connected to the Revolutionary War. Capt. Thomas Maxwell was killed by Indians while trying to rescue members of the Ingles family and it is believed that his widow, Rebecca, married Capt. John Hays, Jr. Finally, in a deed recorded in Wilson Co., TN Deed Book H, page 147, a parcel of land is described as "part of a tract that M. Stephenson purchased from Capt. John Hays" which confirms that the Wilson Co. John was also known as Capt. John Hays. All the facts fit to make the connection of John and Rebecca of Wilson Co., Tennessee to be the same John and Rebecca Hays that sold the Buffaloe Bottom land in the Rich Valley on the North Fork of the Holston and casts doubt on the connection to John and Mary Hays of Smith Co., Tennessee.

A HAYS man who is my perfect YDNA-37 match on Ancestry.com had his family history researched many years ago. His line was traced back to this Smith Co. Tennessee John Hays. It's unclear whether my genetic cousin truly goes back to the Smith Co. TN John Hays or whether the conclusion of the research is false and he is in fact connected to the Wilson Co., Tennessee John Hays. Unfortunately, the researcher passed away some time ago and no sources are referenced. It's possible that this Smith Co. John Hays is also connected to the same HAYS clan from Virginia in some manner or, then again, maybe not. So goes this HAYS research. --motohays 17:37, 24 July 2014 (UTC)(Mark A. Hays)

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Last Will and Testament - Smith Co., Tennessee

LAST WILL AND TESTAMENT OF JOHN HAYS (1814)

In the Name of God Amen, I John Hays of the County of Smith & State of Tennessee, Being Weak & afflicted in Body, but through the Mercy of God of sound mind & memory, but believing that as it is appointed of God, that my body is to return to the Earth from whence it was taken, & that my Spirit must return to God, & that a future state is to be of Rewards and Punishments - Do commit my Soul to God Hoping that through the Mediation of the Lord Jesus Christ that I shall be accepted into a state of Glory,

And therefore, Do make & Dispose of my Estate in the following Manner ( To Wit) First, that my beloved Wife Mary shall have, possess & enjoy The Land and Plantation, & all its Improvements, whereon I now live shall remain Hers & at her disposal as it was when I Married her, also a likely Cow & Calf, Also one Bed & furniture, also a White Mare, also all her own Hogs, those in her own Mark, an Oven & all and every Article of Domestic property on plantation Tools and Utensels which she was entitled to & in possession of when I married her, also a full support for one year out of the Crop & Stock, the cow called Love, Also a Bed and furniture for two years & after which time I Bequeath it to my Son Charles.

Next I will & Bequeath to my Daughter Margaret Davis a Cow & Calf called Rose, and half of a Bed & Furniture.

Next I give & Bequeath to my Son Charles a Waggon and Gears for two horses, & the Cover of said Waggon, also two Suits of Cloaths of home made Cloth, Including a Velvet Jacket & Breeches, also the Stockings to be Woolen & a Bever Hatt, One of the Suits to contain a Dimity Jackett & Breeches.

Next I give & Bequeath to my Daughter Hannah Horne Two Cows & Calves. Two Cups & Saucers of China. The Names of the Cows is Spot & Swan, also half the feathers of one of my Beds, & also half of the Furniture of said Bed.

Item, I give & Bequeath to my Daughter Jenny Shannon Twenty Dollars to be paid her one year after my Decease.

Item, I Give & bequeath to my Son John Hays, a negro woman named Phebe by paying the other Legatees Twenty Dollars each Eighteen Months after my Decease -- also a handscrew.

Item, I give & Bequeath to my Daughter Nancy Hays a Negro Boy Named Peter.

Item To Moses Fountain Garrison Twenty Dollars after the sale & Collection of my Estate is made.

Item, That the Balance of property yet remaining shall be sold & the money arising with all the Collections of Debts Owing to me & that may be Collected, after my Debts are paid, to be equally divided among the Legatees.

I also will & Bequeath to Samuel Hays (son of Charles) a bay Horse called Jolly which Lewis Allen did formerly own.

Signed & Acknowledged the 22nd Day of September 1814.

Upon Examining this said Testament I do Acknowledge it to be my last Will & Testament the Day & Date above written.

Signed Sealed & delivered
in the presence of us

Dan Burford
Lewis Allen

John Hays {SEAL}

I hereby appoint John Horne Executor of this my last Will & Testament & Doctor Donnell if he will Accept the same

Teste
Dan Burford
Lewis Allen

John Hays {SEAL}