Mary B. Kegley, Abstracts of Wills of Wythe County, Virginia Will Book 3 & 4, May 1822 - Apr 20, 1837
P. 31 (Will Book 3, PP. 433 - 434)
William Hays, will signed Sept 21, 1830, mentioned his beloved wife Elizabeth to have the land not deeded to the sons, for her life, being the tract "where we live" with all the Negroes except Milley and her two children, Harry and Auman, who were to go to his daughter Matty McCarty's four children. Her husband Enoch was to have one dollar "starling". His wife was empowered to make disposal of her slaves and other personal property among the children equally. At her death, son James was to have the land "we live on" on condition that he execute a deed to son Charles for the land in the bend of the river, separated by the river from the other lands of James. Three sons, Charley, James, Jacob to be executors; witnesses: Jezreel Harman, James Umbarger, and Wn. (Wilburn) Fugate: proved and recorded Feb 14 1831. No bond was required but the executors took the oath required by law.
I have received the full text which is herein transcribed.
In the name of God, I, William Hays of Wythe County and State of Virginia being of sound mind and disposing memory, being equally as sensible of my approaching dissolution as I am ignorant of the hour when it may take place, I do now therefore take this occasion of making this my last will and testament in manner and form following (to wit)
First, I will and desire that all my just debts be paid which is few and none of magnitude --
Item, I will and bequeath to my beloved wife Elizabeth Hays all my Lands not deeded away to my sons during her natural life that is the Tract of Land whereon we now live, together with all my negroes or slaves now in my possession and on my Farm, with the exception of three (namely) --Milley and her two children (to wit) Harry & Arman which said negroes I will and bequeath with their increase unto my beloved daughter Matty McCarty's four children and I further will and bequeath to Enoch McCarty, her husband, one dollar starling.
Item, I also give and bequeath to my said wife all my other personal property (to wit) my household and kitchen furniture with all my stock of every description whatsoever. I also will and desire that my said wife Elizabeth shall be empowered and I do hereby impower her to make such disposals of her slaves and other personal property as she may think most conducive or best for her own conscience among my children generally.
Item, I will and bequeath to my son James Hays at the death of my wife the Tract of Land whereon we now live upon conditions that he executes a deed to my son Charles for the Tract of Land lying in the bend of the river and separated by said river from James Hays' other lands, lastly I hereby nominate, constitute and appoint my three sons, Charley, James and Jacob, Executors of this my last will and testament with the express direction and injunctions that they shall not be compelled to give security for the faithful discharge of their duties given under my hand and seal this 21st of September 1830.
William Hays <seal>
Acknowledged in the presence of
Wn (Wilburn) Fugate