Person:John Hays (20)

Find records: death
John Hays
b.WFT Est 1685-1694
m. WFT Est 1713-1715
  1. Andrew HaysABT 1716 - 1786
  2. Barbara Hays1716-1726 -
  3. Charles HaysABT 1718 - BET 1797 AND 1799
  4. Joan Hays1718-1727 -
  5. John HaysABT 1720 -
  6. Jennett HaysABT 1722 -
  7. Rebecca Hays1723-1738 -
  8. Robert Hays1723-1738 -
  9. James Hays1726-1735 -
Facts and Events
Name John Hays
Gender Male
Birth? WFT Est 1685-1694
Alt Birth? WFT Est 1690-1705
Marriage WFT Est 1713-1715 to Rebecca Unknown
Alt Death? ABT 1750
Death? DEC 1750 Augusta County, Virginia

John Hays was one of the Early Settlers of Augusta County, Virginia


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Location of Hays family in Borden Tract


Approximate location in Borden Tract of family of John Hays 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.

Early Land Acquisition in Augusta County, VA


John Hays' land (Borden Tract, MW, 318 acres, 1746) 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 several tracts of land acquired by Andrew Hays and Charles Hays, sons of John Hays, are adjoining and closeby to John Hays' tract.

Acquisition of Land from Chalkley's:

  • Jun 18, 1746 Deed Book I, Page 125. [Zeruiah Borden, widow, of Frederick County and Benj. Borden, of Augusta, executors of Benj. Borden, late of Orange,] to John Hays. Testator in his lifetime had agreed to sell to Hays; 318 acres, 2 roods, 38 p., part of 92,100 patented to Benjamin 6th ------, 1739 on bank of Hays Creek, Moxbett Creek, where Maxbett and Hays Creek come together. Con., 5 shillings. Acknowledged [to Benjamin in person and for Zeruiah, 18th June, 1746.] [csisv3 p.256]

Disposition of Land from Chalkley's:

  • Aug 19, 1752 Deed Book IV, Page 392. Rebecca Hays, widow and executrix of John Hays, plantationer, to Charles Hays, tract laid off and surveyed by Francis Beatty and James McCoskery, their son, planter, 318 acres. On Moffets and Hays Creek. From Zerinah Borden and Benjamin to John Hays, 18th June 1746. Son, Andrew Hays. Fork of Walker's (otherwise called Hays' Creek) and Moffet's Creek. [csisv3,305] Deed Book IV, Page 396. Same to son, Andrew Hays. Same. [csisv3 p.305] Sold by widow [of John Hays]: 50 acres to Charles (son), 1752, for 5 p; 258 acres to John (son), 1752, for 50 p; each son given a half interest in the mill and the 10 acres around it. [hrcv,346]

Will of John Hays

  • 25th December, 1750. John Hays' will, plantationer--Wife, Rebecca; three sons; son, Andrew; son, Charles; son, John, land on Roanoke Joining William Miller's plantation; nephew, John Hays, Jr.; Rebecca Hays, daughter to son John; daughter, Jenett Mills; nephew, (?) Rebeckey Gumes; 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 307. Rebecca Hays' bond as executor of John Hays, with sureties James Walker and James Buchanan. [csisv3,20]
  • May 25, 1751 Will Book I, Page 339. John Hays' appraisement, by Joseph Coulton, Alex. Walker, James Moore. [csisv3 p.21]

Note: I first thought that the Augusta County clerk made an error when they recorded the will in February 1750. It didn't make sense that John Hays created his will in December 1750 and his death occurred sometime in February of 1750; however, I have since realized that the date on the will and the county records are correct. The explanation is found in the fact that Great Britain used the Julian calendar until 1752 and, as a result, the end of that year was March 24, 1750.

For a history on the Gregorian Calendar and its adoption, please reference the following Wikipedia entry.

John Hays Importation to Orange County, Virginia

May 22, 1740, fourteen heads of families appeared at Orange Court to prove their importation... "from Ireland to Philadelphia, and from thence to this colony, at his own charges, and this is the first time of proving his and their rights in order to obtain land, which is ordered to be certified." [among the fourteen heads of families were:]

John Hays and his children, Rebecca [wife], Charles, Andrew, Barbara, Joan and Robert.
Patrick Hays and his children Francis [wife], Joan, William, Margaret, Catharine and Ruth. [aacv,38]

Records of John Hays

  • Hays, John (Rebecca) --318 59-80--?--1746--Hays Cr. [hrcv, 346]
  • John Hays Augusta Co., VA Deed June 12, 1746 from Benjamin Borden's estate, 318 acres on Hays creek
  • Nov 30, 1750 Will Book I, Page 281. New Kent -- Thos. Wadle, Dr., to James Renalds; Matthew Young, Dr., to James Renalds; Charles Hays, Dr., to James Renalds, 1 doubloon, 2 maydores, 1 pistole, 2 pieces of silver; Robert Armstrong, Dr., one bufelow, 3, 12. James Rannald's will (Renalds) --Wife and children; two eldest sons. Teste: Charles McAnally, Rebeckah Buchanan. Executors, John Hays and James Thompson. Proved, 30th November, 1750, by Rebeckah Buchanan, and Charles to be summoned. [csisv3 p.19]

From Chalkley's Augusta County Records:

  • 1750 Road ordered from John Hays' mill to providence meetinghouse. Posts of direction to be set up. [hrcv,55]

Information on John Hays

"There was John Hays who married Rebecca and immigrated to Virginia from Ireland between 1732 and 1737. He died 1750 and had grandchildren at the time of his death. He settled in Rockbridge County, Virginia. On June 26, 1740, John Hayes "in order to be entitled to enter public land" proved his importation at his own expense, of wife Rebecca, sons Andrew, Charles, Robert, perhaps a nephew, and a daughter Rebecca. John and his family came as a part of a group of Ulsterman, the usual name of Scot immigrants from the Ulster area of Ireland. Tony had a note that this John Hays was the ancestor of early Wilson County families."

JOHN HAYS, b. probably in Scotland 

m. Rebecca ---?

John Hays died Augusta Co., Va Dec. 1750.

In August 1752 Rebecca disposed of her property, no further record. His will dated 25 Dec 1750, proved 26 Feb 1750/51 (Will Book 1 page 291). They were probably born in Scotland, and were probably exiled for religious reasons and fled to Ireland before emigrating to the colonies. The children may have been born either in Scotland or in Ireland. They came from Ireland and landed in Philadelphia then moved south into Virginia. On 22 May 1740, John Hays appeared in Orange Court to prove his importation, proving his rights in order to obtain land. He purchased land at the point where Maxbett's (Moffett's) Creek joined Walker's (Hays) Creek and set up a grist mill. The original was built around 1740 and was probably of the primitive type known as a tubmill, but he had a fulling mill by 1741. He was also a plantationer.

Children of John and Rebecca==(birth order uncertain)

2John Hays (m Martha Thompson. ?) Had land on the Roanoke joining William Miller's plantation.

3 dau. Rebecca. (mentioned in Gpa's will: R., dau to son John) (w/ Martha, son Robert b. ca 1752?)

3 son John? (mentioned in Gpa's will: nephew: John Hays, Jr.) ??or is John Jr. Andrew's son?

2Andrew Hays see below.

2Charles Hays listed as "Charles Hays, Dr." in will of Dr Thos. Wadle. m 1757 Barbara --?

3 son Charles. Charles Jr or Sr? m. before 1770 to Margaret --?

2James Hays not ment. in father's will. Presumed died before 1750.

3 son James. (ment. in Gpa's will: James Hays, son to son James)

2Robert Hays (died young?) (listed when proving importation, but not ment. in father's will.)

2Barbara Hays (poss. married Guinness ?) (Poss married Lusk ?)

3 (dau. Rebecca? ment. in Gpa's will: nephew, Rebecky Guines.)

3 (son Robert? ment. in Gpa's will: nephew, Robert Lusk.)

2Joan (Jenette) Hays m. --- Mills.

2ANDREW HAYS born ca 1726, probably in Scotland or Ireland, m1) Prudence Campbell (daughter of Gilbert and Prudence). Prudence d. bef 1762. m2) Margaret Stephenson (dau. of John Stephenson of Augusta Co) by 1762. Margaret d. ?

Andrew d. March 1786 in Rockbridge Co., Va. Will dated 09 Feb 1786 and recorded 02 May 1786 Andrew was a plantationer, a miller, and Colonial and Rev War Soldier.

Children of Andrew and Prudence

3John Hays b 02 Mar 1747 (eldest son) Augusta Co., Va. m1) Anne Christian 16 Sep 1777. m2) Ann/Nancy McCampbell/Miscampbell 29 Dec 1789

John died at the close of 1808, Rockbridge Co., Va. John's will dated 29 May 1808 and recorded 02 Jan 1809. John lived on a farm under Jump Mtn, Rockbridge Baths, Va.; Major. Rev War Soldier. He was buried standing up, on the hillside overlooking an Indian burial circle outside of Rockbridge Baths, Va.

Children of John and Ann(not known which wife)

4Andrew Hays, a distinguished lawyer of Nashville, TN.

4Michael C. Hays, of Ross Co., Ohio, was an officer in the US Army in 1812.,

4John Brown Hays of Columbia, TN m. Ophelia, a sister of President Polk.

4James Campbell Hays, of TN and TX

5Jack Hays the Texas Ranger.

3James Hays b. ca 1760 m. Margaret --?

James d. after 10 Mar 1806, probably Adair Co., Ky.

Children of James and Margaret



4Mary m. Robert Piper

4Nancy C.

3Charles Hays b. about 1752, Augusta Co., Va. see below.

3Prudence Hays m. John Brownlee 20 Feb 1783

Children of Andrew and Margaret

3Mary Hays m. Joseph Walker 04 Sep 1789

3Joseph Hays (under age in father's will). Joseph lived at Abdington, Washington Co., Va. before 1797.

3David Hays (under age in father's will) came of age in May 1797. m. Hally Montgomery (daughter of Robert) 04 Sep 1800 (source: Dodd, Jordan, "Virginia Marriages to 1800")

David lived with brother Joseph until 1804 then moved to Nashville, TN and died intestate and without property in 1806.

Children of David and Unknown? Hally Montgomery (see above)

4David Orestes King Hays

4Mary Hays

3 CHARLES HAYS, b. ca 1752, Rockbridge Co., Va. m. Mary Campbell Walker in 1779 or 1780 in Rockbridge Co., Va.

Charles died 06 Feb 1810 Columbia, Adair Co., Ky Mary died Mar, 1811 Columbia, Adair Co., Ky .

Estate inventories are in Adair Co, Ky Will Book B pages 49-56.

Children of Charles and Mary

4Andrew Hays born 20 Apr 1781 died Aug 1820, Adair Co., Ky

5James "infant orphan of Andrew," indentured 04 Dec 1826

5Jacob "infant orphan of Andrew," indentured 04 Dec 1826

4Joseph Hays born 01 Apr 1783, Rockbridge Co., Va.. d. May 1874 Lee Co., Iowa

(obit says "Moved to Tenn. about 1818 or 1819, then to Ky, and from there to Iowa in 1837. . . Six children, all of whom are settled in life.")

4John Hays born 23 Apr 1786 John died 25 Feb 1847.

4Mary (Polly) Margaret Hays born 27 May 1788 m. Benjamin Lampton as his second wife

Mary died March 1842 (Adair Co Ky or Monroe Co Mo.?)

5James Andrew Hays Lampton was 1/2 brother of Jane (L ampton) Clemens, who was the mother of Samuel Clemens, aka "Mark Twain."

4Charles Hays born 29 Oct 1790 . m1) Mary Blair Walker Oct 1816 in Columbia, Adair Co., Ky. Mary died in Macomb, IL., 31 Aug 1852. m2) Sarah E. Wilson, 15 Mar 1853. Charles died 21 Sep 1870 in Macomb.

Charles studied and practiced medicine; moved to and helped found Macomb, Illinois. He was a Presbyterian elder.

4James W. Hays born 05 Nov 1792 James died 15 Oct 1819.

4George Campbell Hays born 07 Mar 1794 m. Sarah Dillard Collins Dec. 28, 1824 near Winchester, Clark Co., Ky

George died 10 Oct 1880 in New London, Ralls Co., Mo Sarah died 10 Mar 1889 in New London, Ralls Co., Mo. .

4Sallie Hays born 03 Feb 1796 Sallie died July 1841.

I have more information on the many descendants of George Campbell Hays.

From post:

Re: Six Hays Brothers from Donegal, IRE to PA/VA around 1725 Posted by: Diana Stevens (ID *****5902) Date: October 13, 2005 at 19:05:24 In Reply to: Six Hays Brothers from Donegal, IRE to PA/VA around 1725 by Jennifer Klaas of 4734

I have been researching the Hay/Hays family forever and are familiar with these names. There is another John Hays who emmigrated from Ireland before 1740 thru Philadelphia and was in Augusta (Orange) co Va by 1740. He was married to Rebecca. On the same day a Patrick Hays also was given land there and was married to Frances McNitt. The names are so similiar in these families. Do you know anything about these 2 Hayses and where they came from? Diana Stevens