Facts and Events
This is possibly the will of Robert Hays, son of Charles Hays:
Will: Robert Hays decd proven 4th Jan 1841 Mins 19, page 194
In the name of God Amen, I Robert Hays of the county of Green and state of Tennessee being of sound and perfect mind and memory do make and publish this my last will and testament in manner and for following - First I direct that my funeral expenses and all my just debts be paid as soon after my death as possible out of any money I may die possessed of or may first come into the hands of my executors. Secondly I give and bequeath unto my beloved wife Jane Hays all my household and kitchen furniture and one Gray mare and two Davison patent ploughs and one shovel ploughs and one log chain and two cows one red one and the other pided, and six head of sheep her choice of my flock, of sheep, and six head of hogs her choice of my stock of hogs, and one loom and all the utensils thereunto belonging. To have and to hold the same during her natural life or as long as she remains my widow. Thirdly, whereas my wife Jane Hays is one of the legal heirs and representatives of Sarah Glasscock deceased and the said Sarah Glasscock having died possessed of a considerable estate in Washing county Tennessee therefore it is my will and desire that my wife Jane Hays shall take and receive the money that is coming to her from the estate of the said Sarah Glasscock deceased and that she shall have the sole use and inherit of the money for her support and it is also my will and desire that my executors shall use all lawful ways and means to have the money collected and paid over to my wife the said Jane Hays as soon as possible. Fourthly I give and bequeath unto my beloved wife Jane Hays one pair of trucks and one iron tooth harrow and one woman s saddle and one riding bridle and saddle blanket, to have and to hold the same during her natural life or as long as she remains my widow. Fifthly, I give and devise unto my youngest son Thomas Hays his heirs and assigns all the lands whereon I now live situate lying and being in Green county on the long fork of Lick Creek and adjoining the land of Nathan Morelock, and Samuel Crawford, and Alexander English and Charles Hays, containing by estimation two hundred acres more or less to hold to him the said Thomas Hays his heirs and assigns for ever, provided the said Thomas Hays shall pay unto Margaret Rodgers wife of James Rodgers & Susannah Smith wife of Robert Smith the sums of money herein after mentioned. Sixthly I give and devise unto my oldest son Charles Hays his heirs and assigns one hundred acres of land situate lying and being in Green Co. On the waters of the Long Fork of Lick Creek adjoining my other tract of land and the land of George Monteeth and Alexander English and William Coulson and Elijah Coleson, it being the same and whereon the said Charles Hays now lives to hold to him the said Charles Hays his heirs and assigns forever. Seventhly I give and bequeath unto my son John Hays one bay horse called Dick and one pair ________ and two pair of gears ______ and back bands, and two pairs of hip straps and two collars and two blind bridles in full of his legacy _____ as herein after provided I having heretofore advanced and given the said John Hays a certain tract or parcel of land situate lying and being in Green Co. on the Long Fork of Lick Creek adjoining my land where I now live and the land and the land of Robert C. Gray and the land of Nathan Morelock containing by estimation seventy five acres being the same land whereon Nathan Morelock now lives. Eighthly I will and order that my son Thomas Hays shall pay or cause to be paid unto my daughter Margaret wife of James Rodgers the sum of four hundred dollars that is one hundred dollars to be paid within two years from the time of my decease the other three hundred dollars to be paid annually. Ninthly I will and order that my son Thomas Hays shall pay or cause to be paid unto my daughter Susannah wife of Robert Smith the sum of four hundred dollars that is one hundred dollars to be paid within two years from the time of my decease, the other three hundred dollars to be paid annually. Tenthly I will and order that all my lands before mentioned and bequeathed by me to my son Thomas Hays, and Charles Hays shall be valued and upon such valuation being made if there should be a deficiency after my said daughters have received the four hundred dollars each from my son Thomas Hays so as to make them my said daughters equal in shares with my sons the said Thomas Hays and Charles Hays shall pay my said daughters in proportion to the amount of the valuation of their said land and also if my son John Hays has been advanced over what will make him equal with my son Thomas Hays and Charles Hays and my two daughters Margaret and Susannah he is to pay back in proportion to the amount he has received over. Eleventh I bequeath unto my son Charles Hays daughter Margaret twenty five dollars to get her a saddle. Twelfth it is my will and desire after the decease of my said wife Jane Hays that all the personal estate that shall or may remain over after the decease of her the said Jane Hays which I have bequeathed to her as aforesaid shall be equally divided between my three sons and two daughters Charles Hays and John Hays and Thomas Hays and Margaret Rodgers wife of James Rodgers and Susannah Smith wife of Robert Smith. Thirteenth as to all the balance and residue and remainder of my personal estate of what kind or nature so ever I give and bequeath unto my three sons and two daughters as aforesaid. Fifteenth and lastly I do hereby nominate and appoint Nathan Morelock and Charles Hays my executors of this my last will and testament thereby revoking all former wills by me made in witness whereof I have hereunto set my hand and affixed my seal this seventh day of November 1840. Signed, sealed published and declared by the above named Robert Hays to be his last will and testament in the presence of us who have hereunto subscribed our names as witnesses in the presence of the testator.
(Robert Hays put an "X" as his mark, Andrew Hays put an "X" as his mark and Richard Fincher and Cornelius Smith Jr.)