Last Will and Testament of James Hays, Sr. Albemarle County, Virginia transcribed by Terris C. Howard. Terris C. Howard tch6535@aol.com ***************************************************************** ****************************************************************** File contributed for use in the USGenWeb Archives by: Terris C. Howard tch6535@aol.com ****************************************************************** USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, material may be freely used by non- commercial entities, as long as this message remains on all copied material, AND permission is obtained from the contributor of the file. Unauthorized use for commercial ventures expressly prohibited. 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Persons or organizations desiring to use this material for non-commercial purposes, MUST obtain the written consent of the contributor, OR the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. ****************************************************************** ****************************************************************** I James Hays senior of Albemarle County being of sound mind and memory do make this my last will and testament thereby Revoking all others that I have made. First it is my will that all my just Debts be paid and that my executors sell as soon as possible after my death my tract of land lying in Augusta County adjoining the Town of Wainsborrough [Waynesboro] also my land lying in Augusta County called Mathewall had which I purchased with Sarah Kinney & also my and lying part in Nelson County and part in Albemarle and a part in Augusta which I purchased in partnership with James Brooks of Francis Hogge to be sold and the money using the sales of the Land be applied to the payments of my just debts also the tract of Land I purchased of James Robertson in Albemarle County be sold and the money applied to the payment of my just debts also all my personal estate be sold and the money applied to the payment of my said debts and the balance after paying my debts be equally divided Between my nine Children (to ur?) James David Isaac Nathaniel Thomas William Mary Sarah and Malinda and my will is that the tract of Land I now live on including the Land I bought of Valentine Shelby containing about one thousand Acres be the same more or less be equally divided between my three Sons (to wit) James Nathaniel and Thomas my said three Sons is to pay my three Daughters five Hundred pounds each after they arrive at the age of twenty one years to wit James to pay Mary five hundred pounds after she arrives at the age of twenty one at the rate of two hundred dollars a year until the said five hundred pounds is paid and his part of the land liable to be sold to pay the said sum of five hundred pounds to Mary my Daughter also Nathaniel to pay Sarah Ann five hundred in the same way after she arrives at the age of twenty one years as James is to pay Mary and his tract liable to be sold in the same way as James's part is also my son Thomas to pay my Daughter Melinda five hundred pounds in the same way as James and Nathaniel are to pay Mary and Sarah Ann after she Melinda arrives to the age of twenty one years and his part liable to be sold in case he fails to pay the said sum of five hundred pounds to my said Daughter Melinda Hays my will is that the Boys parts of my land mentioned above Liable to be sold to pay my Daughters, three Legacies is not to be sold until the last payment is [unreadable or crossed out] due my will is that my said three Daughters live with my Son James until they arrive at the arrive at the [sic] lawful age or until they should marry and my will is that my [unreadable] School my said Daughters as much as they think is Common for them to have and see that they have sufficient maintenance until they arrive at the age of twenty one or until they may Marry and the eschence [sic] of Education and maintenance to be paid out of their legacies before mentioned my will is that my Son James take immediate possession of the house I know [sic] live in at my death and my will is [an unreadable scrawl] that my Son William pay my executors one hundred pounds before he receives any part of my Estate which sum I have paid for him some time ago and that ant Executors pay one hundred dollars to Claudius Buster out of Williams part provided he may have as much in their hands which said Buster paid for my Son William some time ago. My will is that my executors pay unto Claudius Buster fifty pounds after paying my other debts and one horse saddle and Bridle to be valued at not less than eighty nor more than one hundred dollars the said fifty pounds and horse saddle and Bridle is left to him for his kind treatment to me and not for anything I owe him I have not mentioned my Son John Hays nor my Daughter Elizabeth married to Robert Brooks But I woul [would?] wish it understood I have not forgot them by not mentioning them as I have given them their legacies some time ago and lastly I appoint My friends Jechonias Yancey My son James Hays and Thomas Martin Executors of this my last will and Testament in witness whereof I have hereunto set my hand and seal this sixth day of December one Thousand eight hundred and twelve. In presence of James Hays (Seal) Jno. M. Martin EJ Williams A copy Teste George Spere John Carr CC William P Smith