Transcript:Will of Hugh Hays of Lancaster County, PA, 1777

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Source

Intermediate Source:Internet Archive, Descendants of Archibald McAllister. McAllister, 1898
Original Source (Probate Record):Record Book CC., page 52. Recorded the 3rd day of March, 1785. Lancaster Co., Pa.
Original Source (will):Not given.


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Related

Person:Hugh Hays (1)
Person:Patrick Hays (1)
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Transcript

51_Will of Hugh Hays.

In the name of God Amen,

This 24th day of May, in the year of our Lord one thousand Seven hundred and Seventy Seven, I Hugh Hays of the Town- ship of London Derry in the County of Lancaster and State of Pennsylvania, being weak in body, but of sound mind, mem- ory thanks be to Grod calling to mind the mortality of the body and that its appointed for all men once to die, ao make and ordain this my last will and Testament, Viz :

First of all I recommend my Soul to God that gave it and my body to the Earth to be buried in a Christianlike and decent manner at the discretion of my Executors nothing doubting but at the resurrection and general judgment I shall by the mighty power of God receive the same again.

And as touching such worldly substance as it hath pleased Gknl to bless me with I devise and dispose of the same in the following manner and form, Impr, I order my funeral charges and all my just debts to be discharged and paid out of the whole of my Goods and Estate

  • Item, I give and bequeath to my beloved wife Mary the bay

Horse, called Tuck, two of the best cows and calves, the Bed in the little room off of kitchen with all its clothes, and furni- ture. The ten pounds bequeathed by her late Father to pur- chase her a Saddle and the interest of Eight hundred pounds to be to her yearly and every year while she continues my widow, and I give her power at her decease dispose of four hundred rounds of the principal of said money as she may see fit, And likewise give and bequeath to her little Negrow Boy called Sam her full maintenance of the Produce of the Plantation and the privilege of the Room off of the kitchen, but if she and her daughter don't agree to live together I allow a con- venient house to be built for her on the plantation at the equal expenses of her and of my daughter and twelve bushel of wheat to be given her yearly and pasture for her horse and Cows through the summer and Hay for them in the Winter yearly and year^ and Firewood to be cut hauled and laid at her door and sufficient quantity and in due time with all other rights and privileges already mentioned to be continued to her punctually while she continues my widow. But let it be observed that her Stock is no aflertime to exceed one Horse or Mare two Cows and two Calves, But if she may see fit to alter her State and Marry, in that case I allow she shall immediately leave the plantation and relinquish all rights to any of its issues or pro- fits, but I allow her still even in that case, her horse two Cows two Calves the little Negrow Boy her bed and fiimiture the Ten pounds above mentioned and the interest of four hundred poands to be paid to her yearly and every year during her nat- ural life.

  • Item, I bequeath to my dear daughter Margaret all the residue of my personal Estate and the whole of my Real Estate to her to her heirs and assigns forever.
  • Item, I order that my said daughter be directed in everything by my Executors and that she be subject from time to time to their services and counsel.
  • Item, I order that if it pleased God that my daughter should

die without issue my whole Estate be sold by my Executors and that the money arising from said sale shall after the decease of my dear widow and said Executors being satisfied for their trouble be equally divided among my Brother Patricks and my Sisters Buchanons & Morrisons Sons share and share alike.

  • Item, I bequeath to my brother Patrick's Son, Hugh Hays

all my wearing Apparel save only my best Hat, & great Coat which I bequeath to my dr wife…[1]

I constitute and appoint my dr wife, John Kilchrist, Senr., of Paxton and Richard Cranford of Hanover the Sole and only Executors of this my last will and Testament confiding in their fidelity and prudence to order manage and dispose of my goods and estate agreeable to the directions of my said will disallowing, renouncing and revok- ing all others wills legacies bequests and executors by me in anywise heretofore made ordained bequeathed and appointed publishing pronouncing and declaring this and no other to be my last will and Testament

In testimony of all which I have hereunto subscribed my name and affixed my Seal the day and year before written

Hugh Hay [seal]

Signed sealed and declared in the presence of us Robt Clark, Wm Hay, John Gilchrist. State of Pennsylvania, County of Lancaster,

[seal]

I certify the foregoing to be a true and correct copy of the original Will of Hugh Hay deceased, duly proven on May 4th 1779 and remaining filed of record in the Register's Office of Lancaster County,

Witness my hand and seal of office Jan'y 21st, 1896.

J. H. Stoner, Register.

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Footnotes

  1. ↑ The McAllister transcription does not indicate a break of any description, at this point. The text flows seamlessly, without puncheon from the last item, and the identification of the executors.
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Probate

[Minor reformating for clarity]

Whereas, Hugh Hays, late of Londonderry Township, in County of Lancaster, yeoman, deceased, did in and by his Last Will and Testament, bearing date the fourth day of May, One thousand Seven hundred and Seventy-seven, devise and be- queath unto his wife Mary (now the wife of William Mcllevey) amongst other things the Interest of Four hundred pounds to be paid to her yearly and every year during her natural Life.

And Whereas, the said Mary (who was joint administratrix with the will annexed of the said Hugh Hays, deceased, with Archibald McAllister, the Releasee) has retained in her own hands all the specific & pecuniary Legacies given to her in the said Will other than the Interest of the said Four hundred Pounds.

Now know all men by these presents that the said William Mcllevey and Mary his wife (late Mary Hays the wife as aforesaid of the said Hugh Hays, deceased,) for and in Consideration of a certain competent sum of money in Gold and Silver Coin in hand paid at and before the ensealing & Delivery hereof by Archibald McAlister aforesaid Have remised, released and quit claimed and by these Presents they and each of them for themselves their and each of their Execu- tors and administrators do fully, clearly and absolutely remise, release and forever quit claim unto the said Archibald McAlister his heirs and assigns and every of them the said Annuity or Interest of Four hundred Pounds yearly before mentioned and every part and parcel thereof and all arrearages thereof, Penalties, forfeitures and Distresses whatsoever at any time or times Heretofore due or forfeited by Reason of the non-payment of the said yearly sum of Twenty-four pounds or any part thereof.

But thereof and therefrom and from all actions, suits and Demands for the same they the said William Mcllevey and and Mary his wife and each of them shall be utterly secluded and forever debarred by these Presents. In Witness Whereof the said William Mcllevey and Mary his Wife have hereto set their Hands & seals this second day of March 1785.

William McAlbvey. [seal]
Mary McAlevey. [seal]
Sealed and delivered in the presence
of us, Jno. Jos. Henry.
Adam Reigart.

Acknowledged Mar. 2, 1786, before Jno. Jos. Henry.

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