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Facts and Events
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Sources
- Source:Chalkley's Chronicles
- Transcript:Will of Andrew Hays (2), Augusta, 1786
Issues
The will of Andrew Hays (2) does not identify a son Andrew. It possible Andrew the son predeceased his father, or perhaps Andrew (4) should be be attached to a different Andrew.
Evidence for the existence of Captain Andrew George Hays, Jr. is found in several references:
1. Three Chancery Court cases that can be found on the Virginia Memory (Library of Virginia) web site:
- 1787-002 Samuel Woods vs. Andrew Hays, abstract by --motohays 01:47, 22 August 2014 (UTC) (Mark A. Hays) --
- Samuel Woods, executor of Richard Woods, deceased collecting payment on bond due no later than June 1st 1773 for twenty pounds for which payment was not received by Andrew Hays or any other person.
- Samuel Woods states that Andrew refuses to pay though he knows the bond is due.
- Andrew Hays admits that Richard Woods did possess a bond for twenty pounds and that after the death of the said Richard Woods he sent the twenty pounds with interest then due to Samuel as Executor by way of one of his son Charles or Andrew Hays.
- 1808-090 Administrators of Andrew Hays vs. Samuel Greenlee, etc. (19 images), abstract by Janie Dillon of the Wythe County Genealogical & Historical Association --
- John Hays was the executor of Andrew Hays, Sr. and administrator of Andrew Hays, Jr.; Andrew Hays Sr. borrowed money from Mary Greenlee and signed a bond, with Andrew Hays, Jr. and Charles Hays as securities. John said he tried to pay the bond but didn't know how much was owed, the bond was never shown to him, perhaps it was fraud; he thought he had paid it off.
- Answer of Samuel Greenlee; he was gone from the county for a few years and is ignorant of any payments made on the bond; he also stated he believed John Hays received the biggest part of his father Andrew's estate, as well as administrator of Andrew, Jr.
- Answer of Mary Greenlee; she loaned (L)1934 to Andrew Hays. At one point Andrew Hays, Jr. brought (L)1260 to pay on the bond but asked if he could keep (L)1000 which Mary agreed to. That was the only payment.
- A receipt from John Hays for payment of (L)3 on his brother James' account.
- 1817-042 Adminstrator of Mary Greenlee vs. Administrator of John Hays: (45 images), abstract by Janie Dillon of the Wythe County Genealogical & Historical Association --
- Basically a continuation from the above lawsuit of the Adm. Hays versus the Greenlees, except this time the Greenlees (James Greenlee is adm. of Mary Greenlee, deceased) are saying the bond not paid off and so are suing the estate of John Hays, deceased, who was the administrator of Andrew Hays, Sr., deceased.
- Additional info: Andrew Hays, Sr. and Andrew Jr. both departed this life, leaving the following: John Hays, the son of the former and the brother of the later; Charles Hays who removed from the Commonwealth (didn't say where) [We know that Charles, son of Andrew, Sr. removed to Adair County, KY] and has since departed this life.
- John Hays died, leaving Andrew Hays and Charles Hays as his children [NB: These are the sons of John -- NOT Andrew, Sr.]; Andrew Hays is administrator of John Hays, deceased.
- Andrew Hays, Jr. died before his father Andrew Hays, Sr.; he had little to no property; possible claim for military service in South Carolina, but nothing has been obtained.
- Other children of Andrew Hays, Sr., deceased, were Joseph & David Hays.
- Will of Andrew Hays, Sr., deceased was included in lawsuit: named eldest son John Hays, sons James, Charles, Joseph & David; daughters Prudence Brownlee and Mary Hays.
2. Execution of a warrant for Captain Andrew Hays, Junior in matter vs. Mathews (1774-210)
- George the Third, by the Grace of GOD, of Great Britain, France, and Ireland, King, Defender of the Faith, etc. to the Sheriff of Fincastle County, greeting:
- We command you, that you summon Captain Andrew Hays, Junior to appear before our Justices of our said County Court, at the Courthouse of the said County, on the first Tuesday in next month, then and there to answer the Petition of Sampson and George Mathews and have then there this Writ. Witness John Byrd, Clerk of our said Court, at the Courthouse, the 6th Day of August 1774 in the 14th Year of our Reign. <signed> John Byrd
Note: This is further evidence that descendants of the original immigrant, John Hays Person: John Hays (20) moved into the SW Virginia area. --motohays 02:13, 22 August 2014 (UTC) (Mark A. Hays)
3. Administration Bond for Andrew Geo. Hays [Jr.] by John Hays, Andrew Hays [Sr.] security -- November 6th 1781
- Know all men by these presents that we John Hays, Andrew Hays and James Wallace are held and firmly bound to John Bowyer, Samuel Lyle, john Trimble and John Houston, gentlemen justices of the Court of Rockbridge County now sitting, in the sum of one hundred thousand pounds to the payment whereof well and truly to be made to the said justices and their successors, we bind ourselves and each of us and each of our heirs, executors and administrators jointly and severally firmly by these presents, sealed with our oath this 6th day of November in the year of our Lord one thousand seven hundred and eighty one and in sixth year of our Independence.
- The condition of this obligation is such that if the above bound John Hays, administrator of all the Goods, Chattels and Credits of Andrew Geo. Hays deceased do make or cause to be made a true and perfect inventory of all and singular the Goods, Chattels and Credits of the said deceased which have or shall come to the hands, possession or knowledge of the said administrator or into the hands and possession of any other person or persons for him and the same so made do exhibit or cause to be exhibited into the County Court of Rockbridge at such time as he shall be thereunto required by the said court and the same Goods, Chattels and Credits of the said deceased at the time of their death which at any time after shall come to the hands or possession of the said administrator or into the hands and possession of any other person or persons for him do well and truly according to law and farther do make a just and true account of all his actings and doings therein when thereto required by the said court and all the rest and residue of the said Goods, Chattels and Credits which shall be found remaining upon the said administrator's account (the same being first examined and allowed by the justices of the court for the time being) shall deliver and pay unto such person or persons, respectively as the said justices by their order or judgment shall direct pursuant to the law in that case made and provided and if it shall hereafter appear that any Last Will and Testament was made by the said deceased and executor or executors therein named do exhibit the same into the said court making request to have it allowed and approved accordingly if the said administrator being thereunto required to render and deliver up all his letters of Administration ( approbation of such Testament being had and made in said court then this obligation to be void and of none effect or else to remain in full force and virtue.
- Sealed and delivered in the presence of:
- John Hays
- Andrew Hays
- James Wallace
- At a court held for Rockbridge County, November 6th 1781. This bond was acknowledged by the subscribing parties and ordered to be recorded.
Related
Overview
Notes
From Chalkley's Augusta County Records:
Mar 18, 1767 Andrew Hays, Jr. qualified Captain of Militia. [csisv1,132] Andrew Hays, captain [hrcv,58]
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