Will of John Hays, Augusta County Va, 29 May 1808

I, John Hays, of the County of Rockbridge and State of Virginia do hereby make my last Will and Testament in the manner and form following, that is to say –

First I desire all the perishable part of my Estate be immediately sold after my decease and out of the monies arising there from all my just debts and funeral expenses be paid and should my perishable property prove insufficient for the above purposes then I desire that my executors herein after named that they or a majority of heirs may proceed to sell any part of my Estate whether real or personal so much as will answer the aforesaid purposes and should my family be inclined to go to the Western Country or anywhere else it is my will that my executors shall sell all my Lands in this County, or elsewhere, to which I may have any title or claim whatsoever.

Secondly I give to my son Michael all the property I have in the State of Ohio, provided it should not be called on by my executors to pay my just debts, except four hundred dollars in the hands of Nathaniel Pope, and a land warrant now in his possession for location containing five hundred and ninety six acres. The conditions upon which this gift is made is that the said Michael shall relinquish all right, title and interest which he may have had in a conveyance of negroes to Gn. Samuel Blackburn in trust for my wife Anne and her heirs, and likewise to a similar conveyance of the tract of land on which I now live to Thomas Preston, and he is also to relinquish his right and title to a house and lot lying in or near Lexington which is under a similar conveyance to said Preston, he is also to convey to my wife Anne and her three youngest Sons, all the negroes named in a deed from me to him, recorded in the Court of this County, except one whose name is Robert, and if the said Michael shall refuse to comply with any of the above requisitions, he must be responsible to my wife Anne and my other children for all my money and land that he had the management of when my attorney in the State of Ohio.
Thirdly I do give and bequeath all my estate both real and personal, either in possession or in expectancy to my sons Andrew, John and Campbell equally to be divided amongst them after all my debts are paid.
And lastly do constitute my wife Anne Executrix and my sons Michael and Andrew Executors of this my Last Will and Testament, hereby revoking all former Wills or Testaments by me heretofore made.

I witness whereof I have hereunto set my hand and affixed my seal this 29th of May, one thousand eight hundred and eight.

Signed, Sealed, Published and Declared as and for the Last Will and Testament of the above named John Hays in | presence of us – James M. Campbell Robert Dixon Alexander Shields

John Hays <signature and seal> At Rockbridge Court, January 2nd 1809

A writing purporting the Last Will and Testament of John Hays deceased, was produced in Court by Anne Hays widow and relict of said Testator, Executrix, and Andrew Hays one of the Executors therein named, John Hays of Rockbridge (Son of Andrew) – 29 May 1808 Last Will and Testament
and proved by the Oath of James M. Campbell and Alexander Shields, two of the subscribing witnesses thereto, and ordered to be recorded. And the said Anne in open Court refused to take upon herself the burden of the Execution of said Will, and on the motion of the said Andrew, who made Oath according to law, probate thereof is granted him in due form on his giving security, and he together with Anne Hays, John M. Cowen and Stephen R. Price his securities entered into and acknowledged bond in the sum of ten thousand dollars, conditioned according to law.

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Categories: Rockbridge, Virginia, United States | Early Settlers of Old Augusta | Hays Tapestry | Old Augusta Hays Tapestry