Person:Elizabeth (30)

Contents 1 Overview 2 Will 3 Estate Appraisment 4 Estate Bill of Sale		Hays Tapestry Registers Data Notes Analysis Bibliography Index YDNA. Hays Chalkley's
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Overview

Nothing has been found of Elizabeth's ancestry nor have any marriage records been discovered. One might guess at possible family connections but it's difficult to narrow the possibilities without understanding whether William and Elizabeth were already married when they arrived in the Rich Valley or sometime after he settled on his land.

In addition to her last will and testament, Elizabeth's estate inventory, appraisement and bill of sale is provided below for future researchers of these families of Rich Valley. One can see to whom the estate was sold -- neighbors and family.

Noticeably absent are two of William & Elizabeth's sons, Charles (thought to be the oldest son) and Jacob, who, along with their sister Barbara Gillespie Weirs and families moved to Missouri -- apparently at different times. The youngest son Jacob appears to have been the last of William's sons to leave the Rich Valley for Missouri and might explain why he and his family ended up further West in Missouri than the others.

Records indicate that Nancy Hays, who married James G. Cowan, was still alive at the decease of her mother but she and her husband removed to Wayne County, Kentucky.

Martha "Matty", the daughter thought to be the youngest in the family appears to have died early and therefore was not mentioned in Elizabeth's will or purchasing from the estate. In fact, Martha appears to have predeceased her father since his will bequeaths slaves "to beloved daughter Matty's four children" and "to Enoch McCarty her husband one dollar starling (sterling)" -- nothing is bequeathed to Martha.

At the writing of this summary (Aug 2014), not much is known about the oldest daughter Elizabeth. The final settlement of William's estate lists Elizabeth Hayter as a "distributee" for the remaining funds to be divided among the children equally; so, we know she was living in 1831.

The middle son, James Hays, who inherited much of William and Elizabeth's farm is seen often in the settlement of his mother's estate. He was named Executor of the estate in her will but declined the responsibility, likely due to advanced age or health reasons, which was taken on by his eldest son Calvin M Hays. Also remaining in area was the youngest living daughter, Mary "Polly" who also married a McCarty man. She purchases the rifle and bed from her mother's estate.

Will

The exact date of death for Elizabeth is unknown. The following, her Last Will and Testament was presented in Smyth County Court on December 26th of 1846.

I, Elizabeth Hays, considering the uncertainty of life and the duty of being prepared for death being weak in body but of sound disposing mind do make and ordain this my last will and testament hereby revoking all former wills by me at any time made.

I direct that all my just debts shall be paid by my representatives and of the debts due me and the proceeds of the sale of my perishable property not specifically bequeathed be insufficient for that purpose my representatives are authorized to sell so much of my other estate real and personal as may be necessary.

As far as I have disposed of the property shall be good to them and their heirs there being a surplus of property left three negro boys Daniel and Patton which I give to my son James Hays and his heirs (and Tom I give to Polly McCarty and her heirs), on the condition that he will pay Martha McCarty's children Fifty dollars each when they become of age there being a surplus of sale money and property which I intend to retain during my life and after my decease to be equally divided among my heirs.

(signed) Elizabeth Hays (her mark and seal)

Signed, sealed, published and declared by the testator Elizabeth Hays as and for her last will and testament in the presence of us who in presence and at her request have hereunto signed our names as witnesses:

Robert Young, James B Lightree, Zadok Sexton

Virginia - At a court held for Smyth County, December 26th 1846

This last will and testament of Elizabeth Hays Deceased was proved in Court by the oaths of Robert Young and Zadok Sexton witnesses thereto and ordered to be recorded. And James Hays, the Executor named in the said will having in writing refused to take upon himself the burden of the execution thereof on the motion of Calvin M Hays, who made oath and together with Robert Young and James Umbarger his securities entered into and acknowledged aloud in the penalty of one thousand dollars conditioned as the law directs. Certificate is granted the said Calvin M Hays for obtaining letters of administration on the said decedent's will aforesaid annexed in due form. Teste, James F. Pendleton, C.C.

Estate Appraisment

In obedience to an order of the County Court of Smyth County made at the December term 1846 to us directed after being sworn do proceed to view and appraise the personal estate of Elizabeth Hays, deceased as shown us by Calvin M. Hays, Administrator of the said Elizabeth Hays.

This is a true list of the property appraised by us:

Zadok Sexton, Martin Davis

Jezreel Harman, Robert Young

Virginia: At a court held for Smyth County, March 16th 1847

The foregoing Appraisement Bill of the Personal Estate of Elizabeth Hays, Deceased was returned to court and ordered to be recorded. Teste, James F. Pendleton, C.C.

Estate Bill of Sale

(signed) Calvin M Hays

A list of notes due the estate of Elizabeth Hays, Deceased

One note on George Hudson and Isaac Hudson for thirty one dollars($31) due September 1st 1844

One note on George Hudson and Isaac Hudson for forty dollars($40) due October 1st 1843

(signed) Calvin M Hays

Virginia: At a court held for Smyth County, March 16th 1847

The foregoing Sale Bill of the personal estate of Elizabeth Hays, Deceased was returned to court and ordered to be recorded. Teste, James F. Pendleton, C.C.