Botetourt County VA - Will of John Hays, 1818 (now Roanoke County) File submitted for use in the USGenWeb Archives by Nancy Booth ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, 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. ************************************************************************ JOHN HAYS' WILL NOTE: Spelling "errors" are intentional - this is how the actual will was recorded. I John Hays of Botetourt County and State of Virginia taking into serious consideration the mortality of man and that it is appointed by heaven that all men shall die do hereby make my last will and testament in manner and form following that is to say, first I commit my soul into the care of the Almighty God who gave it to me and my body after my decease to be by my Executors buryed in a decent Christian manner & secondly as to my worldly estate to my son John Hays' oldest son & to my son Thomas Hays' son James Hays & to my son Johnathan Hays' son Harrison Hays and to my daughter Ruth Hays who intermarried with Thomas Measils her oldest child and to my son Levi's son Henry Hays to these my grand children I leave all my estate real and personal & if one or any of these grand children shuld die without lawful ifsue there share of my estate is to descend to their next brother or sister as the case may be and thirdly my Executors hereafter named shall proceed as soon as convenient after my decease to sell my personal property on twelve months credit if they think best and rent out my land and after paying my just debts and funeral expenses ut the money arising from such sales & the rents of my land till the oldest of the aforesaid Legatees are of the age of twenty one years to interest and when the oldest legatee arrives at the said age I do hereby authorise my Executors to sell my land to the best advantage and make title thereof to the purchaser or purchasers & pay off the Legatee that is then of age his or her share and put the residue of the money to interest and pay off the Legatees their respective shares as they come of age of twenty one Years and lastly I do hereby constitute and appoint my son Levi Hays and Henry Webbster Executors of this my last will and testament hereby revoking all former wills by me made. In testimony whereof I have hereunto set my hand and seal this 12th day of October 1818. his John Hays mark Signed sealed published and declared as & for the last will and testament of the above named John Hays in presence of us Wm. Anderson Patterson Hannah William Evans At Botetourt November Court 1822 This Instrument of writing purporting to be the last will and testament of John Hays and exhibited in Court & proven by the oath of William Anderson a subscribing witnefs thereof and continued for further proof and at May Court 1823 was fully proven by the oath of Wm. W. Evans another witnefs thereto and ordered to be recorded.