- Intermediate Source:Mark Hays, 9 July 2014, personal communication to Q 11:42, 10 July 2014 (UTC)
- Original Source:Augusta County Will Book 1:258-260
- Person:Andrew Hays (2)
- USGenWeb Archives Another transcription
- Image of original will of Andrew Hays (2), Augusta Will Book 1:258-260, 1786 To be imported
In the Name of God Amen this ninth day of February in the year of our Lord one thousand seven hundred and eighty six, I, Andrew Hays of Rockbridge County and Commonwealth of Virginia being sick and weak of Body but of sound and perfect mind and memory professing the true and Christian Reformed Religion and calling to mind the mortality of my Body knowing that it is appointed for all Men once to die, do make constitute and ordain this my last Will and Testament recommending my Soul to the living God who gave it and my Body I will it to be buried in a decent manner at the discretion of my Executor and as to such Worldly Goods as it hath pleased God to bless me with in this World I will give and devise of in the following form, first my will is that all debts due to me be collected and all debts due by me to others be justly and honestly paid.
- Item – I will and bequeath unto my eldest son John Hays the Plantation that I now live on containing four hundred acres with all Buildings, Mills, Orchards etc. to him his heirs and assigns forever provided he the said John Hays pays the sum of one hundred Pound unto my son James Hays and likewise the sum of one hundred Pound unto my son Charles Hays. I likewise bequeath unto my son John a negroe boy named Will and now in his possession to him his heirs and assigns.
- Item – I will and bequeath unto my son James Hays the Plantation he now lives on containing two hundred and fifty acres with all Buildings, Orchards etc. to him his heirs and assigns forever and I appoint my son John Hays to make him a sufficient Right and Title for the same, I likewise bequeath unto my son James a negroe boy named Cato to him his heirs and assigns.
- Item – I will and bequeath unto my son Charles Hays the Plantation that he now lives on with all Buildings, Orchards etc. to him his heirs and assigns forever, I likewise will and bequeath unto my son Charles a negroe boy named Cube to him his heirs and assigns.
- Item – I will and bequeath unto my daughter Prudence Brownlee the sum of five shillings.
- Item – I will and bequeath unto my two sons Joseph Hays and David Hays a Plantation lying in the Forks known by the name of the Stone house Plantation containing six hundred acres with all Buildings, Orchards etc. to them their heirs and assigns forever to be equally divided between them by my Executors but if they or either of them die before they arrive at the age of twenty one years and without lawful issue then their parts or part to be equally divided among my other sons.
- Item – I will and bequeath unto my daughter Mary Hays a negroe wench named Sue to her, her heirs and assigns as also four cows, horse and saddle, bed and furniture, and household furniture at the discretion of my Executors but if she, my daughter Mary, dies without lawful issue the above mentioned wench etc. to be equally divided amongst my sons.
- And further it is my Will and I order that all my other negroes be continued on the Plantation that I now live on, and the Stone house Plantation for the term of two years under the direction of my Executors and the increase of said Plantations for said term with what collections can be made to be applied by my Executors to the settling my account and the remainder if any to be equally divided amongst my Children and at the end of the said two years all my negroes with their increase except those already willed and bequeathed to be equally divided by my Executors amongst my five sons John, James, Charles, Joseph and David to them, their heirs and assigns but if both or either of my two youngest sons Joseph and David should die before they arrive at the age of twenty one years and without lawful issue than their part or parts to be equally divided amongst my other sons.
It is my Will and I order that all Land belonging to me and not already willed and bequeathed be sold by my Executors and the money arriving therefrom be equally divided amongst my sons and I do hereby Constitute, Ordain and Appoint my son John Hays, Joseph Moore & John Walker sole Executors of this my Last Will and Testament and do hereby revoke and disannul all other Wills and Testaments by me heretofore made declaring this to be my last Will in witness whereof I have hereunto set my hand and seal the day and year above written.
- Signed, Sealed and Delivered in the presence of us:
- Andrew Hays (signed with his mark)
- John Moore
- John Walker
- James Moore
At a Court held for Rockbridge County, May 2nd 1786 – This last Will and Testament of Andrew Hays, deceased, was presented in Court by John Hays, Joseph Moore & John Walker Executors therein named & proved by the oaths of John Moore, John Walker & James Moore witnesses thereto & ordered to be recorded and on the motion of said Executors who made oath according to law, certificate is granted them for obtaining probate thereof in due form giving security whereupon they together with James Gilmore & William Wardlaw their securities acknowledged bond for £3000 conditional according to law.
- Joseph (Under age 21)
- David (Under age 21)
- Prudence Brownlee
- Mary Hays (unmarried)