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Sources
- Source:Chalkley's Chronicles
Related
Records
| 584 | 1788 | Page 242.--25th February, 1788. James Hayes, of Albemarle, Braxton Eastham, of Rockbridge, to William Greyson, Nathaniel Garland and James Brooks, of Albemarle, 333 acres at Rockfish Gap, three patents belonging to Manus Burger, deceased, and John Burger, lately in possession of Henry Lyon, and now in possession of James P. Hulse. Teste: Jesse and Thomas Stockton, John Mills.
| | 166 | 1805 | Jane Alien, widow of Robert Alien, Jr., living in Kentucky, vs. Jacob Butngardner, heirs of Isaac Hayes, heirs of James Flack--O. S. 210; N. S. 74 -- Patent by Dunmore, 20th June, 1772, to Thomas Walker, for 800 acres in Augusta, between Beverley Manor and South Mountain, cor. Lazarus Inman, John Campbell, Wm. Teas. Deed 30th October, 1801, by James Flack and Mary, his wife, to James Hayes of Albemarle. Tract purchased from Jane Alien. Deed 30th October, 1801, by same to Jacob Bumgardner and Isaac Hayes; part of tract purchased from Jane Alien. Will of James Hayes of Albemarle: Nine children, viz: James, David, Isaac, Nathaniel, Thomas, William, Mary, Sarah Ann, Malinda. Son John and daughter Elizabeth married, to Robert Brooks. Dated 6th December, 1812, and recorded by the Circuit Court 13th May, 1813.
| | 190 | 1812 | Brooks and wife vs. Hay's executors--O. S. 245; N. S. 86--Bill, 1814. Complainants are Robert Brooks and Elizabeth, late Hays; David, William, Isaac and Thomas Hays, infants, part of children of James Hays, deceased, of Albemarle, who died 11th December, 1812, leaving widow and additional children, viz: James Hays; and minors, viz: Nathaniel, Mary, Sarah Ann, Malinda Hays.Charge is that James, Sr., had become imbecile through drink and James, Jr., induced him to make a will. Jaconias Yancey was uncle of wife of James, Jr.
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Problem
Chalkley's Chronicles contains three records that reference a James Hays of Albemarle. There are a number of James Hays in the Old Augusta area. Its possible that James of ALbemarle is in a line independent of the Hays Creek Hays Lineage, but it seems more likely that he is one of their kinsmen who removed to the east side of the Blue Ridge as an adult. We'd like to be able to identify his family connections, particularly if he's in the Hays Creek Lineage, and most particular the identity of his father and mother. So far (July 2014) a male descendant of this James Hays has not taken the YDNA test, so we can not directly evaluate whether he's in the Hays Creek lineage or not. The three records that refer to James of Albemarle provide data that may be used to identify his connections,r. In particular they identify his wife, children, and date of death. In the past, some of those facts may have been
The following are facts specific to James Hays of Albemarle, derived from the three records pointed to above
- James of Albermarle died 11 December 1812
- He had an adult child James
- He had minor children Nathaniel, Mary, Sarah Ann, Malinda Hays.
Discussion
There are several issues that complicated the analysis of this problem:
- First, we do not know directly that James Hays of Albemarle is in fact a member of the Hays Creek Lineage. For the sake of the argument we will assume that he is not.
- Second, Chalkley's Extract does not directly identify James wife.
- Third, the 1812 DOD of James of Albemarle may have been picked up by genealogists researching a different James, and assuming that their James died in 1812. As a result we can't simply trust the 1812 DOD as a marker for James of Albemarle.
Wife One of the records mentioning James of Albemarle is a court case brought by "Robert Brooks and Elizabeth, late Hays". If this was all we had to go on, casual interpretation suggests that Elizabeth was the wife of James of Albemarle, and has remarried. There is, however, another interpretation based on another court case, this one brought by Jane Alien against Jacob Butngardner, et alia. That case gives the following:
Will of James Hayes of Albemarle: Nine children, viz: James, David, Isaac, Nathaniel, Thomas, William, Mary, Sarah Ann, Malinda. Son John and daughter Elizabeth married, to Robert Brooks. Dated 6th December, 1812, and recorded by the Circuit Court 13th May, 1813.
At issue is the "comma" in the phrase: "daughter Elizabeth married, to Robert Brooks." This could be interpreted to mean that Elizabeth's husband was Robert Brooks. This is probably the correct interpretation, but in that interpretation there's no reason for the comma. Perhaps the extraction should have been given unambiguously as "Daughter Elizabeth who was married to Robert Brooks". The insertion of the "comma" creates the possibility that what was meant was first a reference to "daughter Elizabeth Hays who is married, name of husband not given", and then to "Robert Brooks" who has no particular connection to Elizabeth.
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