Transcript:Will of John Hays, Augusta, VA, 1750

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Source

Original Source:Augusta County Will Book I (pages 291-294). Photocopy provided by the Augusta County Genealogical Society. Intermediate Source:Transcription by Mark Hays, provided to Q 11:14, 9 July 2014 (UTC), July 2014.

Related

person:John Hays (20)

Source:Chalkley's Chronicles

Transcript

In the name of God amen the twenty fifth day of December in the year of Our Lord one thousand seven hundred and fifty, I, John Hays of the County and Parish of Augusta and Colony of Virginia, a plantationer being sick and weak in body but of a perfect mind and memory thanks be given unto Almighty God therefore calling unto mind the mortality of my body and knowing that it is appointed for all men once to die do make and ordain this my Last Will and Testament that is to say principally and first of all I give and recommend my soul unto the hands of Almighty God that gives it and for my Body I recommend it to the Earth to be buried in a Christian like and decent manner at the discretion of my Executor nothing doubting but all the general Resurrection I shall receive the same again by the mighty power of God and as touching such Worldly Estate wherewith it hath pleased God to bless me in this world I give and devise and dispose of the same in the following manner and form of first my will that all my just debts due to me may be raised and all my just [debts] by me contracted may be honestly paid by my Executor.

• Item – I give and bequeath unto my well beloved wife Rebecca Hays the full third of all my moveables and all my household goods your life time and at your decease to dispose of them as you see cause among your children and also my negroes woman to (bodily?) remain with you your life time and at your decease the negros wench to be sold and divided between my three sons equally and also the one half of Land whereon I now dwell with my house and the one half of the appurtenances there unto belonging if she does not marry but if she marry, my will is that she shall have her third and no more.
• 2nd Item – I give and bequeath unto my well beloved son Andrew Hays the one half of my Land whereon I now dwell it being his own purchase but the deed was taken in my name and my will is that my Executor give him a deed for said Land.
• 3ly Item – I give and bequeath unto my beloved son Charles Hays the one half of my grist mill and ten acres of Land belonging to this mill as also I give unto my son Charles Hays fifty acres of my Land whereon I now live on the west side of the creek along the line of my son Charles Hays’ Land which he now possess and my will is that they take two honest men and lay of the Land according to my will and my will is that they (begin to run?) of this Land thirty roods below the fording of said two creeks and so close unto the line again and not to hurt my son Andrew Hays’ spring.
• 4ly Item – I give and bequeath unto my well beloved son Andrew Hays the remainder of the other half of the Land which my wife now possesses at her decease and house and other appurtenances that belongs to said Land.
• 5ly Item – I give and bequeath well beloved son John Hays two hundred and sixty seven acres of Land laying and situated on the branches of Roanoke joining William Miller’s plantation as also I leave unto my son John Hays five shillings sterling to be levied off my moveables.
• 6ly Item – I give and bequeath unto my nephew John Hays Jr. one bay colt – branded this “H” as also to my nephew Rebecca Hays daughter to my son John Hays one brown heifer with a short tail.
• 7ly Item – I give and bequeath unto my well beloved daughter Jenett Mills five shilling sterling to be paid her by my Executors of my Estate.
• 8ly Item – I give and bequeath unto my nephew Rebecky Guines one red heifer with white face two years old.
• 9ly Item – I give and bequeath unto my nephew Robert Lusk one bay colt two years old.

Item - I give and bequeath unto my beloved sons Charles Hays and Andrew Hays all the remainder of my moveables to be equally divided excepting one house to the value of six pounds that I order and will to my nephew James Hays son to my son James Hays deceased but not to touch any of the household goods which I give to my wife.

• Item – I give and order my Executors to give unto Robert Lusk one strait(?) coat of the Cloath we have now in the house.
• Item – I give and bequeath unto Abigail Hays alias Kinsys one brown heifer two years old.
• Item – I likewise constitute make ordain my well beloved wife Rebecky Hays and my son Charles Hays and Andrew Hays to be Executors of this my last will and testament and I do utterly disannul revoke all and every other former testaments, wills, legatees and Executors by me in any wise before this time named, willed, bequeathed ratifying and confirming this and no other to be my Last Will & Testament. In witness whereof I have hereunto set my hand and seal the day and year above written –

Signed Sealed Published Pronounced and Declared by the said John Hays was his Last Will & Testament in the presence of the subscribers: James Buchanan, Samuel Hays, James Moore. John (his mark) Hays

At a court held for Augusta County the 26th day of February 1750 ^[1]the Last Will and Testament of John Hays deceased was presented into court by Rebecca Hays the Executrix therein named who made oath thereto according to law and being proved by the oaths of James Buchanan, Samuel Hays & James Moore the witnesses thereto the same is admitted to record and on the motion of the said Rebecca / Charles Hays & Andrew Hays, the other executors therein named, with her having refused to take upon them the burden of the Executors of the said Will the Executrix and her performing what is usual in such cases certificate is granted her for obtaining a probate thereof in due form.

Extract

From Chalkley's Chronicles 3:19

Page 291.--25th December, 1750. John Hays' will, plantationer--Wife, Rebecca; three sons; son, Andrew; son, Charles; son, John (land on Roanoke Joining William Miller's plantation); nephew, John Hays, Jr. (Rebecca Hays, daughter to son John); daughter, Jenett Mills; nephew, (?) Rebeckey Gumes; nephew, Robert Lusk; nephew, James Hays, son to son James; legatee, Robert Lusk; legatee, Abigail Hayes, alias Kinseys. Executors wife Rebecky and sons Charles and Andrew. Teste: James Buchanan, Saml. Hayes, James Moore. Proved, 26th February, 1750, by all witnesses, and Charles and Andrew refuse to administer, and Rebecca qualifies with sureties (no bond appears).

Comparison

The following is a comparison of the original will, as transcribed by Mark Hays, and Chalkley's extract as presented on Rootsweb

Page 291.--'25th December, 1750. John Hays' will, plantationer--Wife, Rebecca; three sons; son, Andrew; son, Charles; son, John (land on Roanoke Joining William Miller's plantation); nephew, John Hays, Jr. ,(nephew , Rebecca Hays, daughter to son John); daughter, Jenett Mills; nephew, (?) Rebeckey Gumes; nephew, Robert Lusk; nephew, James Hays, son to son James; legatee, Robert Lusk; legatee, Abigail Hayes, alias Kinseys. Executors wife Rebecky Hays and sons Charles Haysand Andrew Hays. Teste: James Buchanan, Saml. Hayes, James Moore. Proved, 26th day of February, 1750, by all witnesses, and Charles and Andrew refuse to administer, and Rebecca qualifies with sureties (no bond appears).

There are several minor variations, mostly related to matters of choice by Chalkley: (i.e., punctuation, addition of parenthesis, minor elisions or the use of a summary word as a substitute for a pro forma phrase (e.g., "qualifies" for "her performing what is usual in such cases certificate is granted her for obtaining a probate thereof in due form".

More substantive differences are:

• spelling of the name "Gumes" for "Guines"
• insertion of "with sureties (no bond appears)".

With regard to the later, "with sureties" may be a phrase not captured in the complete transcript, or it may be part of Chalkley's standard pro forma phrase. In any case, the reference to "sureties" does not appear in this particular transcription of the will.