The David Hays' of Old Augusta

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Source

Related

Records for David Hays in Chalkley's Chronicles

Index

Color coding is as used in Records for David Hays in Chalkley's Chronicles; Presentation order is by DOB.

Lineages

Discussion

Currently, six "David Hays'" have been identified in the records of Old Augusta per Source:Chalkley's Chronicles. The earliest known of these is David Hays (2) appears in the records in the 1740's.

Page 35.--Joseph Reed, Taylor to David Hayes, yeoman, bought by Joseph from Beverley, 24th July, 1740, and deeded, 25th September, 1741; Wm. Beverley, corner Jno. Buchanan, James Robinson, Charles Campbell. Teste: Patrick Campbell. Source:Chalkley's Chronicles3:270

The above shows that it would seem that David Hays was in Old Augusta after 1741, when Joseph Reed received his deed to the property he later sold to David. When that sale occurred is not given, so we can't be sure when David came to the area. However, in an action that seems to be related to the above, David was certainly present by 1747.

David Hays vs. John McMaster. Bond of defendant to William Ree, 9th March, 1742. "And if not liking and recovering the tract of land in the Irish Settlement in Virginia the above note is void." Writ dated 24th August, 1747. Source:Chalkley's Chronicles1:296

David (2) died between February 1775 when he wrote his will, and October 1776 when it entered probate. The last entry in his probate record is made in 1785.

After the death of David (2) we have relatively few records for persons by the name of "David Hays". His son David (3) came of age in 1764, but is mentioned only in his fathers will, and a few years later in 1780, when he is appointed guardian to James Cambell Jr.

"Buchanan vs. Campbell--Bond, 6th June, 1780, by Isaac Campbell and Saml. Wallace to David Hay, guardian to James Campbell, Jr., son to Pattrick Campbell, deceased. Test, James Cunningham, Jno. McCown, Jr. Declaration is as follows: David Buchanan, assignee of James Campbell, who was assignee of David Hay, complains of Isaac Campbell, surviving obligor of Isaac Campbell and Saml. Wallace, Patsey Wallace, Charles Grigsby and Elizabeth (his wife), late Elizabeth Wallace, James Wallace, James Grigsby and Rebecca (his wife), late Rebecca Wallace, relict of Saml. Wallace, heirs and representatives of said Saml., deceased. February, 1804." Source:Chalkley's Chronicles2:41

At least we presume this is a record for David (3), as no other known David Hays in the area would be appropriately aged to be declared a guardian.

Andrew Hays (2), son of John Hays (20), the immigrant, had a son David (1), b 1776. This David Hays moved to Nashville, and died relatively young. He is mentioned in a lawsuit brought by two of his children---David Orestes King Hays (David (5) and May Hays.

Hays vs. Hays--O. S. 187; N. S. 66--Bill August, 1810. Complainants are, viz: David Orestes King Hays and Mary Hays, infant children of David Hays, deceased, by Robert Montgomery, their grandfather. Defendants are, viz: Andrew Hays, executor of John Hays, deceased; Michael, John, Campbell and James Hays. Complainants are children of David Hays, who was son of Andrew Hays, who died March, 1786, in Rockbridge, testate. About 1795 orator's father went to live with his brother, Joseph Hays, at Abingdon in Washington County, where he lived until 1804, when he removed to Nashville, Tenn., where he died, 1806, intestate and without property. He did not come of age until May, 1797. John Hays died the close of year 1808 testate, leaving Andrew, Michael, John and Campbell Hays, his children and devisees, and Anne Hays, his widow, has died intestate. Deed 5th May, 1800, by Joseph and David Hays of Washington County by James Hays of Rockbridge, their attorneys, to John Hays of Rockbridge. Conveys the Stone House plantation in Rockbridge. Will of John Hays of Rockbridge. Son, Michael (land in Ohio); wife, Anne; sons, Andrew, John, Campbell. Dated 89th May, 1808. Recorded in Rockbridge, 2d January, 1809. Will of Andrew Hayes of Rockbridge, dated 9th February, 1786. Eldest son, John Hays; sons, James and Charles; daughters, Prudence Brownlee, Mary Hayes; sons, Joseph and David (infants). Recorded in Rockbridge, 3d May, 1786.

We have no further records in Chalkley's for either David (1) or David (5).

A very complex lawsuit was brought by Jane Allen widow of Robert Allen Jr., in 1805. The suit identifies a final David Hays, (David (9), as the son of James Hays (29), son of Moses (2).

Morrison vs. Buchanan--O. S. 209; N. S. 74 -- Bill in Ohio County, Eigth November, 1805...[complex court case, pro parte] 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, Nathan- iel, Thomas, William, Mary, Sarah Ann, Malinda. Son John and daughter Elizabeth married, to Robert Brooks. Dated 6th December, 1812, and re- corded by the Circuit Court 13th May, 1813. Chalkley's Chronicles 2:166.

We have no further records for David (9).