Hayes Records in Isle of Wight County, Virginia

This page is still undergoing additions and corrections

26 June 1635
Patent: Robert Bennett, 700 acres aboute 1½ miles up a creek neare the mouth of Nansemond River… adjacent Robert Newman… for transportation of 14 persons: … Rich. Hayes… [Virginia Patent Book 1 (Part I), page 188.]

7 July 1635
Patent: Lt. John Upton, 1650 acres in Isle of Wight County about 3 miles up Pagan point Creek bounding almost west from the Creek into the woods… due for transportation of 33 persons: …Roger Bagnall…Wm. Davis…Peter Heyes

This patent was reissued with the same list of 33 headrights on 23 August 1637.  In the second version several of the names were spelled slightly differently, including Peter Hayes.  [Virginia Patent Book 1 (Part II), page 471.]

The importation(s) probably happened a few years earlier. Under the terms of the Great Charter, still in effect in 1635, headrights were persons imported with the intent to inhabit who had survived for three years.  While the residence requirement was ignored in later years, it was likely still observed in the 1630s.  The headright certificate — obtained in the local court or the Secretary’s office — was effectively a warrant that could be used to survey and claim land.  Since headright certificates were the only means of obtaining land grants, they were bought and sold like any other valuable — so we cannot conclude that John Upton was actually the importer. (Research shows that most patents used headright certificates purchased from others.) The delay between arrival in Virginia and issuance of the headright patent was typically several years.   See this paper for more detail on the subject.

16 Nov 1635
Patent: To Roger Bagnall, 350 acres in Warresquioake (Isle of Wight) County, bounded westerly with land of Thomas Dangle (sic), north & northeast with the Pagan Creek, and on south & southwest with the maine woods.  300 acres by deed of sale from William Clapham of Warresquioake, planter, dated 3 August 1635 plus 50 acres for transportation of 1 servant called John Slaughter. [Virginia Patent Book 1 (Part II), page 308.]

11 Feb 1636/7
Assignment from George Hardye to Peter Hayes, Planter, 11 February 1636/7 witnessed by Tobias Hurst.  The previous assignment to George Hardye, “shippright”,  from Roger Bagnall was 4 December 1736, witnessed by Ann Jones and Richard Hart.  [Virginia Patent Book 1 (Part II), page 462.]

Note that Roger Bagnall and Peter Hayes were both claimed as headrights by Lt. John Upton.

31 Aug 1637
Patent:  Peter Hayes, 350 acres in Isle of Wight County bounded on the west with land of Thomas Davis, on the north and northeast with the Pagan Creek, & on the south and southwest with the maine woods…  being due unto him the said Peter Hayes by purchase from George Hardye due to him the said George Hardye by purchase from Roger Bagnall to whom it was granted by patent.  [Virginia Patent Book 1 (Part II), page 461-2.]

Roger Bagnall was issued a patent for this 350 acres in Isle of Wight on 16 November 1635 [Patent Book 1, page 33.] See above.  The land of Thomas Davis referred to his patent of 6 March 1633/4 for 300 acres “on the easterly side of the creeke known by the name of Warwicksqueicke about 2 miles from the mouth of the said creeke… beginning easterly at a point of land called the redd point…”  [Patent Book 1, page 128.] 

Thanks to an email from Clay Davis pointing out the above patent and various landmarks, this tract can be located fairly precisely.  The patent to Henry Snaile (see below) places it just west of Moons Creek and the patent to Thomas Davis places it perhaps a half-mile or so east of Redpoint at a location where the Pagan River’s southern shore is roughly east-west.  A 350-acre tract (which would be a bit more than 1/2 mile on a side if it were a square) fits nicely into that area, which is in the northeastern reaches of Smiithfield’s city limits.

23 Nov 1637
Patent:  Henry Snaile, 50 acres in Isle of Wight northerly upon Pagan Creek, southerly into the woods, westerly upon the land of Peter Hayes, easterly upon Moones Creek.  [Virginia Patent Book 1 (Part II), page 502.]

12 Jan 1641/2
Act of General Assembly held at James Cittie: “Whereas Divers poore men have longe inhabited heere and nowe are growne decrepped and impotent, and have petitioned this Assembly for releefe; Be it Enacted by the Authoritie afore’sd that John Griffith, Sergiant Jo. Wayne, Tho. Brooke, Tobias Hurst, and Peeter Hayes shall from henceforth bee excepted from all publique service in p’son and paying of Countrie Leveys, Ministers’ duties excepted. [“The Virginia Assembly of 1641. A List of Members and Some of the Acts”, The Virginia Magazine of History and Biography, Vol. 9, No. 1 (July 1901), page 55.]

Mar 1642/3
Virginia Legislative Act setting the boundaries of Isle of Wight County: …the Isle of Weight (sic) county shall beginn at Lawne’s creek and from thence to extend downe along the maine river unto the plantation of Rich: Hayes formerly belonging unto John Howard including the said plantation and family from thence to extend from the main river into the woods southerly unto the plantation of William Nowell and Mr. Robert Pitt including likewise the said plantation and familys and from thence southerly as aforesaid…   And the upper county of New Norff: to begin at the aforesaid plantation of Rich: Hayes and from thence into the woods southerly as aforesaid, and by the mayne river, from thence to extend downe by the mayne river into the creeke near unto the plantation of the said ffrancis Bullock being the first creek to the westward of Crayne Poynt… [William Waller Hening, The Statutes At Large, Vol. 1, page 247.]

Mar 1642/3
Division into two parishes:  ..The upper parish to extend from Lawens (sic) Creeke to the eastern side of the Bay, the creeke divideing the plantation of Sam. Davis and Joseph Cobbs to be the extent and division of the said upper parish: The lower parish to extend from the Pagan-poynt upon the river side to the plantation of Rich. Hayes, from the Pagan-poynt uppon the bay including all the southerly side to the plantation of the said Cobbs, and that all the inhabitants alreadie resideinge or that hereafter shall reside on that side to belong to the said lower parish…  [William Waller Hening, The Statutes At Large, Vol. 1, page 279.]

Richard Hayes had a plantation on Chuckatuck Creek but how he acquired it is unknown.  He was one of several Hayes to own land in Virginia in the early and mid 1600s, but the only one to own land near Peter Hayes.  He was probably the same Richard Hayes claimed as a headright by Robert Bennett (see above).  He was also probably the Richard Hayes who assigned a patent for 600 acres in Lower Norfolk in 1642,  He does not seem to appear in any other Isle of WIght records.  The descendants of Peter Hayes have decided that the two men were unrelated, though I’m not sure why.

18 Oct 1664
Patent: Robert Flack (sic), 200 acres on the westward side of the second swamp of the Blackwater…beginning at a marked white oak by John a. Pough’s Indian Quarter and running up southwest 160p into the woods for length and 200p up the said second swamp to another marked white oak in the said second swamp for breadth.  Due to Robert Flack for transportation of four persons… [Virginia Patent Book 5, page 375.]

This 200 acres was included within the patent for 2400 acres below and was part of the land given to his daughter Elizabeth Flake and her three sons 33 years later.

20 Aug 1666
Patent: Robert Flack (sic), 2400 acres on the branches of the Blackwater… beginning on the westward side of the second swamp at a marked white oak  side of the second swamp of the Blackwater…beginning at a marked white oak by John a Pouch quarter and running up southwest 160p into the woods and 200p parallel to the at the head of a branch… north 280p to a white oak near a pond… includes 200 acres of the aforesaid Flackes on the eastward side of the second swamp between Jno. Oliver and Jno. Wombell. [Virginia Patent Book 6, page 232.]

This obviously includes the other 200 acres patented in 1664 at the southern part of the tract.  (The other 200 acres referenced in the patent is at the northern part of the tract.)

Note that the upper reaches of this land are near the border with Surry County — part of it may even be inside Surry County.  Robert Flake operated a mill on parcel that when sold in Surry was described as partly in Surry and partly in Isle of Wight.

1 May 1672
Appraisal of estate of Thomas Brim (or Bruin) taken 4 February 1670 by Thomas Norsworthy, George Lucke, Peter (x) Hayes.  [Isle of Wight County Will Book 2, page 110.]

Peter Hayes signed with the same distinctive “PH” mark that he used in his 1678 will.  Chapman’s abstract omits the distribution of the estate among the widow, children and grandchildren and fails to note that the appraisal was actually taken more than a year earlier.  Appraisers were typically near neighbors with no interest in the estate — this would place Peter Hayes still in the vicinity of Pagan Creek.

1677
Petition in support of Governor Berkeley signed by 71 planters in and around Isle of Wight: … Peter (P mark) Haise.. [John Bennett Boddie, Seventeenth Century Isle of Wight County, Virginia, Vol. 1, page 160.]

These were supporters of the Governor during Bacon’s Rebellion.  Although there were presumably two men named Peter Hayes in the county, the signer did not indicate whether he was Senior of Junior.  Possibly Junior was not yet 21?

Note that the mark reproduced by Boddie was not the same signature mark used in the 1678 will or the 1672 appraisal.

7 May 1678
Will: I Peter Hayes being very sick and weak of body do make this my last Will and Testament… First I desire that all my debts be justly paid, and the remainder of my estate to be equally divided, and my mother to have one half, and my sister Anne Cornes (Carnes?) the other half.  And after it please God (upon?) my mother and sister’s death that my cousin Thomas Bevan be immediately seized with the said land…  Signed: Peter (x) Hayes.  Witness: Anthony Fulgham, Hugh Humphrey.  Recorded 10 March 1678/9 on oath of Hugh Humphrey.  [Isle of Wight County Deed Book 2, page 175.]

He signed with a combined capital “PH” mark — the vertical of the P and the left vertical of the H share the same line.

Surely only a man with no wife or children would split his estate between his mother and his sister.  Note also that he is young enough that his mother is still alive (though apparently widowed).  Presumably his mother is located nearby — so who was his father?  The reversion is to his “cousin”, a term that typically meant “nephew” at this time in history — and Thomas Bevan later refers to the inheritance from his “uncle” Peter Hayes.

See Thomas Bevan’s sale of this land 9 Oct 1689 below — indicating that the mother and sister were both dead by then.  The sister’s name might be “Corne”, “Carne”, or some other variant.  Some suggest “Cornish”.  I could find no record of anyone by any of those names.

18 Apr 1679
Will: Joyce Cripps. …Unto my loving husband George Cripps the land and plantation on which we do now live… left to me by my former husband Francis England to the son of Francis England’s brother, if he comes to Virginia and makes claim to the land within seven years, my sister Skinner, Nicholas Davis the plantation on which he lives, Sarah Lupo, Mr. George Branch’s three children Francis, John and Ann, orphan boy that liveth with me  named Anthony Lewis, Margaret the wife of Peter Vasser, Susan Brasswell, my sister’s daughter; my three Goddaughters Elizabeth Hayes, Joyce Butler, and Joyce Womble, my three Godsons James Bennett, Nicholas Davis, and William Phillips, my Mother Flake. My husband Ex. Witness: John (x) Gutridge, Rebecca (x) Davis, Will: Evans.  Recorded 9 June 1679. [Isle of Wight County Deed Book 2, page 202 as abstracted by Blanche Adams Chapman, Wills and Administrations of Isle of Wight County, Virginia 1647-1800 (Willow Bend Books, 2002), page 20.]

Francis England died in 1677 leaving his entire estate to his wife Joyce.  With the participation of her father Robert Flake, Joyce signed a prenuptial agreement with her second husband George Cripps in 1678 to keep her property separate from his [Deed Book 1, page 371]. Francis England had claimed himself and his wife Joyce, as well as George Cripps,  among 26 headrights for a 1664 patent of 2366 acres in Isle of Wight.

Could Elizabeth Flake already be married to Peter Hayes?  Or is Elizabeth a daughter of some Hayes?

21 Jan 1679/80
Patent:  Thomas Parnell, 150 acres in a forke between the second and third swamps of the main Blackwater beginning at a white oake on the west side of the second swamp being a corner tree of Mr. Robt Flake’s land now in the possession of Peter Hayes then S50W 100p along a line of old marked trees… [Virginia Patent Book 7, page 18.]

From the metes and bounds, Parnell’s tract is adjacent to the lower portion of the 2400 acre tract patented by Robert Flake in 1666.  Peter Hayes is evidently leasing land from Robert Flake.  (Leases were not required to be recorded and rarely were.) 

Note that this is dated about ten months after the will of Peter Hayes was recorded.  If the survey for this patent was, let’s say, a year old then this could well refer to the Peter Hayes who died in 1679.

21 Oct 1680
Will: William Richardson of Upper Parish. Leg – Katherine my now wife one-half of my land, other half to Mary Wissee to educate her daughter Elizabeth, reversion to my brother John Richardson. Exs. Thomas Atkinson, Peter Hayes. Recorded 9 Feb 1685/6.  Witness: Henry Goldham, George Cripps, P. Wall.  Executors qualified 8 May 1686. [Isle of Wight County Will & Deed Book 2, page 248 as abstracted by Blanche Adams Chapman, Wills and Administrations of Isle of Wight County, Virginia 1647-1800 (Willow Bend Books, 2002), page 25 and page 59]

9 Apr 1681
Deed: John Giles, pursuant to a bond dated 24 August 1680, with consent of Philarite his wife, gives to Jane (Johnson), daughter of said Philarite, one plantation at Blackwater whereon Edward Hayes do now dwell with 400 acres of land, in case the said Edward Hayes doth withhold (so much?) to be made up of 400 acres of ye land adjoining thereto… if Jane dies, land to return to John Giles. Witness: Jno Harris, Richard (x) Poole.  [Isle of Wight wills & Deeds Book 1, page 464.  Also abstracted in Boddie, Vol. 2, page 589.]

The name is either “Haye” or “Hayes” — the clerk seems to have written many of his “es” word endings as a somewhat stylized “e”.   Who is Edward Haye?  The many missing records of the period make it unlikely we can answer this question.

10 Oct 1687
Will: Thomas Parnell, cooper. Leg – son Thomas the plantation bought of Mr. Francis Ayres and 150 acres of a patent adjoining John Richardson and Peter Hayes, son Joseph land bought of Edmund Palmer, adjoining upon Henry West, Anthony Matthews and Col. Smith… [Isle of Wight County Will & Deed Book 2, page 277-8 as abstracted by Blanche Adams Chapman, Wills and Administrations of Isle of Wight County, Virginia 1647-1800 (Willow Bend Books, 2002), page 28.]

This refers to the 1680 Parnall patent, and tells us that Peter Hayes was still occupying Robert Flake’s land.

18 Sept 1689
Deed of Gift: Thomas Bevan, carpenter, to Thomas Ward, both of the lower parish, for the love and good will which I bear to Thomas Ward do give, grant, and confirm all my right, title and interest which I now have or hereafter may have of the one moiety or half of the land which did formerly belong to my uncle Peter Hayes and by him given to me by his last will… lying on the west side of Virgors Creek and butting northerly on Warrisquik Back Bay Creek containing in the whole 202 acres, that is to say the lowermost part of the tract of land joining on VIrgors Creek according to a dividing line formerly laid out and made by Maj. Arthur Allen, surveyor… (being a total of 202 acres).  Signed: Thomas Bevan. Witness: Nicholas Fulgham, Rich. Wilkisson, John Pitt.  [Isle of Wight County Deed Book 1, page 20.]

In May 1710 Thomas Ward and Joanne Ward sold 100 acres to John Chambers on the east side of the second swamp described as part of an 800-acre patent to William Cooke. [Surry County Deed Book 6, page 10] The deed was recorded in Surry County but the patent to William Cooke of 1670 describes the land as in Isle of Wight and the metes and bounds suggest that it abutted Flake’s large patent at one or two corners.  Could that be the same 100 acres?

18 Sept 1689
Deed of Gift: Thomas Ward to Thomas Bevan, both of the lower parish, for the love and good will which I bear to Thomas Bevan, 100 acres being half the land whereon I now live adjoining Virgods (sic) Creek which was granted unto me by virtue of an escheat patent for 202 acres… from Virgods Creek butting northerly on Warrisquik Back Bay Creek that is to say the lowermost part of the tract of land joining on VIrgors Creek according to a dividing line formerly laid out and made by Maj. Arthur Allen, surveyor…..  Signed: Thomas (x) Ward.  Witness: NIcholas Fulgham, Rich. Wilkisson, John Pitt.   [Isle of Wight County Deed Book 1, page 19.]

The description of the land is identical in both deeds.  The abstract by William Lindsay Hopkins leaves out some crucial details.

Thomas Ward died in 1693 leaving a widow Mary — was she related to Thomas Bevan?  Their son Thomas was evidently the person who sold the above land.  The escheat patent may have been originally issued to Nicholas Cobb in 1664.

1690?
Undated Will: John Richardson. Leg – wife Phillis, son William, son John, eldest daughter Phillis, Richard Loyd. Wife Extx.  Overseers Peter Vasser, Peter Hayes. Witnesses: Richard Loyd, Peter Hayes, Peter Vasser, Mary Branch. Recorded 9 April 1690.  [Isle of Wight County Will & Deed Book 2, page 300 as abstracted by Blanche Adams Chapman, Wills and Administrations of Isle of Wight County, Virginia 1647-1800 (Willow Bend Books, 2002), page 31.]

The 1680 patent to Thomas Parnell that adjoined Peter Hayes also adjoined John Richardson.  Thus Peter Hayes is evidently still occupying that land.

13 May 1696
Will: Henry Cooke of the Upper Parish. Leg – wife and unborn child. Wife Extx.  Overseers my father William Cooke and brother Ruben Cooke.  Witnesses: John Carroll, Thomas Carter Jr., Reuben Cooke, Peter (x) Heyle.  Recorded 9 August 1698.  [Isle of Wight County Will & Deed Book 2, page 406.]

Chapman’s abstract renders the name as “Heyle”, which is indeed what it looks like, but it seems to me to that it must have been “Hayes”.   On the very next page is the will of William Cook with witness Peter Hayes.  In both cases the signature mark was a capital “P”.

25 Aug 1697
Deed:  “I Robert Flake Senior doth assign all my write and Title of this plat of Land to the value of six hundred akers taken out of a grand pattent to my daughter Elizabeth Hayes during her Natural Life and after her (sic) Divided between her three sonns Richard Hayes Samuell (sic) Hayes Peter (sic) to them and their heirs for Ever.” Signed: Robert (x) Flake.  Witness: Peter Vasser, Robert Flake, Charles (x) Bass. [Isle of Wight County Deed Book 2, Part 2, page 511.]

At a court held 28 January 1722/3: At the motion of Elizabeth Hays the above assignment was admitted to record. [Isle of Wight County Deed Book 2, Part 2, Page 511.]

Contrary to the assertion of Arnold E. Hayes in Historical Southern Families, Vol. 15, page 173, the husband of Elizabeth Hayes is nowhere mentioned in this record.  And the year, 1691, in that paper is incorrect as well.  Later records show that Elizabeth Hayes had two more sons, Arthur and Robert, evidently born after August 1697.

The effect of this form of deed was to give Elizabeth Hayes the use and income from the land, but not the title, thus preventing either her or her husband from selling or devising it.  Note that Robert Flake signed with an “R” mark and Charles Bass signed with a “B” mark.

The land in question was part of a much larger patent of 2400 acres to Robert Flake that spanned the second and third swamps from the Surry County border on the northeast down the Blackwater waters. See patent above.

ca1690s?
Inferred Marriage: Thomas (sic) Hayes to Elizabeth Flake — inferred by Blanche Adams Chapman in Marriages of Isle of Wight County, Virginia, 1628-1800, page 23.

Elizabeth Flake was obviously married to Peter Hayes. Ms. Chapman based her inference on the deed of gift by Robert Flake and the lease and release in 1737 (see below) by Arthur Hayes in which he refers to his purchase from Thomas Hayes.   Marriage records of colonial Isle of Wight are essentially nonexistent, so all marriages are inferred from other records. This particular conclusion was erroneous.

17 May 1698
Will: William Cook Sr. To son John the plantation he formerly lived upon, son William the plantation he formerly lived upon, to son Reuben the plantation he lives on containing 125 acres, to son Thomas the plantation I now live upon after decease of wife and other goods and furniture when he comes to age of 21.  Rest of estate to my loving wife.  Witnesses: Peter Vasser, Peter (x) Hayes, James (x) Atkinson.  Recorded 9 August 1698.  [Isle of Wight County Will & Deed Book 2, page 407.]

He signed with a capital “P” mark. The previous entry in the will book is the will of Henry Cook, witnessed by Peter “Heyle” (perhaps Hayes?) who also used a “P mark.

12 Oct 1702
POA:  Thomas Hayes and wife Prudence Hayes, of Northumberland County, appoint Capt. Arthur Smith and Richard Wilkinson, Jr. as their attorneys concerning the deed to Thomas Bevan dated 12 October 1702.  Signed: Thomas Hayes, Prudence (x) Hayes.  Witness: William Smith, Thomas (x) Robertson.  Recorded 9 November 1702.  [Isle of Wight County Deed Book 1, page 368 abstracted by William Lindsay Hopkins, Isle of Wight County Virginia Deeds 1647-1719 etc., page 65.]

Deed: Thomas Hayes and wife Prudence Hayes, of Northumberland County, to Thomas Bevin of Isle of Wight County… for 3,000 lb. tobacco,  “a certain parcel of land lying in ye Isle of Wight County whereon ye sd. Thos. Bevan now liveth it being a patten containing 350 acres formerly pattented by Peter Hayes grandfather to ye foresd. Thomas Bevan, excepting one hundred acres of ye foresaid pattent” bounded to the north by Back Bay Creek and easterly upon Verges Creek.  Signed: Tho: Hayes, Prudence (x) Hayes.  Witness: William (x) Smith, Thomas (x) Robertson.  Presented and acknowledged by Arthur Smith and Richard Wilkinson, Jr. and recorded 9 December 1702.   [Isle of Wight County Deed Book 1, page 369.]

This is my abstract of the original deed.  Boddie [Vol. 2, page 647] read this as “Peter Hayes, grandfather to Thomas Bevan” but Hopkins [Isle of Wight County Virginia Deeds 1647-1719 etc., page 65]  read it as “grandfather of said Thomas Hayes“.  The original shows that Boddie’s reading was correct.

26 Nov 1702
Deed:  Thomas Hayes and wife Prudence Hayes, of Northumberland County, to William Clerke and wife Mary Clerke of Isle of Wight, for 3,000 lb. tobacco, “one plantation or parcel now in the tenure & occupation of John Pilkinton, being part of a patten of 350 acres formerly pattented by Peter Hayes, being bounded on ye southeast by Verges Creek, on ye north by Back Bay Creek, on ye west a line of marked trees which part this part of ye sd. patten from ye pt whereon Thomas Bevan doth now dwell” containing about 100 acres… Signed: Thomas Hayes, Prudence (x) Hayes.  Witness: John Pilkinton, William (x) Smyth.   Note: Prudence Hayes of Northumberland County appoints John Giles and George Green as her attorneys.  [Isle of Wight County Deed Book 1, page 370-371.]

9 Apr 1705
Deed: Wm. Clarke & Mary his wife to Jno. Chapman & Frances his wife, both of the upper parish, for 1200 lb. tobacco, one plantation or parcel of land lying in Newport parish… now in the tenure & occupation of Jno. Pilkinton, excepting ye remainder of ye terms of Pilkinton’s lease… and reserving the right of Mary Clarke after the decease of William Clarke to have half the plantation and after her decease to Patience Ward… containing 100 acres… being part of a tract of 350 acres patented by Peter Hayes and by ye sd. Wm. Clarke and Mary his wife purchased of Thomas Hayes of Northumberland County by deed ye 26 day of November 1702 being bounded on ye south east by Vergus Creek, on ye north by Back Bay Creek, on ye west by a line of marked trees (that) parts the land from ye land of Thomas Bevan…  Signed: William Clarke, Mary (x) Clarke.  Witness: Roger Ingram, Thomas Giles.  [Isle of Wight Count Deed Book 2, page 15.]

6 Sep 1710
Will: Thomas Bevan. to son Thomas Bevan “all the land that is contained in a (blank) for 350 acres formerly granted to Peter Hayes bearing date 21 August 1637, except 100 acres on the east side of the said tract now in the possession of Jon Chapman and the Wido. Clarke” and also except the plantation whereon I now live (which) I give and bequeath to my loving wife Mary for and during her widowhood. (If she marries she is to have a third part for her life.)  At her death to son Thomas Bevan and the lawfully begotten heirs of his body.  If there are no heirs, then reversion to my son Peter Bevan and the lawfully begotten heirs of his body. If there are no heirs then reversion to my two daughters Mary and Elizabeth Bevan and the lawfully begotten heirs of their bodies.  For want of such heirs I give all my land unto the right heirs of Thomas Hayes of Northumberland County, Virginia…

…Personal property (listed) to son Thomas Bevan.  Personal property (listed) to son Peter Bevan, and listed livestock “if he shall be dutiful and remain with his mother until the age 21.”  Feather bed and furniture each to my daughters Mary and Elizabeth Bevan.  Rest of estate to wife Mary who is also sole executrix.  Recorded 28 June 1711.  Witness: Nathaniel Ridley, Richard Wilkinson, John Chapman.  [Isle of Wight County Will & Deed Book 2, page 579-80.]

Mary Bevan did not record the inventory until 28 May 1715, nearly four years later.

1714
Quit Rents, Isle of Wight: Peter Hayes, Robt. Flake patentee, 600 acres, rent paid 144 lb tobacco.  [The Virginia Magazine of History and Biography, Vol. 87, No. 2 (April 1979), page 176]

The 1714 quite rents for Isle of Wight were found among British records and published as part of the Virginia Colonial Records Project. They listed the “proprietor” owing the tax, the original patentee, the acreage, and the amount of rent paid for 1714.

22 Mar 1715
Deed: Edward Goodrich to James Jones, both of Prince George County, 230 acres on the west side of the Three Creeks. Witness: Gilbert Hay, John Cheney, Thomas Eldridge, John Dolittle, Thomas Overmuch.  [Isle of Wight County Deed Book 2, Part 2, Page 511, abstracted by William Lindsay Hopkins, Isle of Wight County Virginia Deeds 1647-1719 etc., page 114.]

Gilbert Hay was probably in either Prince George or Surry County, and the land in question was in what would later become Southampton County.

28 May 1715
Inventory of Thomas Bevan recorded:  Inventory reflects a middle class householder with looking glasses, brass and pewter materials, 19 cattle, 3 horses, 17 hogs, 10 sheep, 4 rugs, three feather beds, one slave woman called Sarah, etc.  [Isle of Wight County Will Book 2, page 592.]

2 Mar 1718/19
Will of Mary Bevans:  …after my deceased husband’s will is fulfilled I give to my loving son Thomas Bevan two cows and calves, one sow with pig, etc… to my loving son Peter Bevan my great looking glass and one white sow… to my loving daughter Mary Bevan my gold ring, my black trunk, and one fo my side saddles… to my loving daughter Elizabeth Bevan my seal skin trunk and silver clasps and that side saddle that (missing word) of my father’s estate.  Rest fo estate to be divided equally between my son Peter and my two daughters Mary and Elizabeth to be delivered to them at ye age of 21 or when they are married. My loving son Thomas Bevan to be sole executor.  Signed Mary (x) Bevan. Witness: William Tayler, Jeremiah (x) Proctor.  Proved 24 August 1719. [Isle of Wight County Deeds and Wills, Book 2, page 24 (image 394 of 492)]

20? Dec 1719
Appraisal of residual estate of Mary Bevan, deceased.  A variety of household goods, one cow and two heifers, 9 sheep, 2 hogs… “one old negro woman”… Total £35: 36s:8d.  Appraisers: John Wright, Daniel Rigens, Chas. Fulgham.  [Isle of Wight County Deeds and Wills, Book 2, page 24 (image 402 of 492)]

10 Nov 1720
Will: Peter Hayes of ye Upper Parish. (Large faded spot in middle of text obscures roughly one word or thereabouts in each of several lines) …Unto my son Robert Hayes a mare, cow and calf… unto my ——–ons John & Peter Stevens 2 yearling heifers… unto ——–ther Hase one young horse which he called his horse… unto ——ing wife Elizabeth Hase to be whole & sole executrix. Signed: Peter (x) Hayes.  Witness: Arthur (x) Jones, Willikam (x) Crocker, Robert (x) Hase.  Recorded 27 February 1720/21. [Isle of Wight County Deeds and Wills, Book 2, page 63 (image 421 of 492)]

His signature mark was a capital “P”.  Robert Hayes signed with a capital “R” mark.  There does not seem to be an inventory or a settlement recorded in Book 2.  Nor does he dispose of any land in this deed.

Were John & Peter Stevens stepsons?  grandsons? It is possible that the original is more readable than the microfilm copy.

28 Jan 1722/3
At a court held 28 January 1722/3: At the motion of Elizabeth Hays the above assignment was admitted to record. [Isle of Wight County Deed Book 2, Part 2, Page 511.]

See the entry at 25 Aug 1697.  Elizabeth Hayes is just now recording the assignment of land by Robert Flake made 25 years earlier.   This record tells us that Elizabeth Hays was widowed, as only a widow could take this action. She is surely the widow of Peter Hayes who died two years earlier.

4 Jan 1723/4
Processioning Reports, Newport Parish: {District) between Micall Deloach and Thomas Williams, Elizabeth Hayes and Joseph Parnall, Widdow Doles and Abraham Brawler. Present Robert Hays, Arthur Hays, William Goodman and Elizabeth Hays. [William Lindsay Hopkins, …Newport Parish Vestry Book 1724-1772, Isle of Wight County, Virginia, page 85.]

Are the three older sons already either dead or living elsewhere? The implication is that both Arthur Hays and Robert Hays were adults by this date.

12 Sep 1727
Vestry Meeting:  Thomas Williams and Robert Hays appointed processioners for their district. [William Lindsay Hopkins, …Newport Parish Vestry Book 1724-1772, Isle of Wight County, Virginia, page 90.]

4 and 5 Jan 1731/2
Deed (Lease and Release): James Atkinson, planter, of Isle of Wight County to Peter Hay, planter, of Surry County… a 100 acre plantation located on the south side of Nottoway River and the north side of Three Creeks, being a patent granted to Richard Atkinson on 24 March 1725.  Beginning at a white oak by the side of the said Creeks, then N21W 80p to a hickory then S58E 102p to a poplar by the side of the Three Creeks & up the various courses of the sd. Creeks to the beginning.  Signed: James (x) Atkinson.  Witness: James Ingles,  William Gray, Joseph Bridger.  Proved by Atkinson on 24 January 1731/2. [Isle of Wight County Deed Book 4, page 146.]

As later records confirm, this is the husband of Martha Sledge.  He and his brother-in-law Henry Ivey will remain in the Three Creeks area (later Southampton County) for another twenty-odd years.  Peter Hay will later die in Halifax County, North Carolina.

16 Oct 1732
Vestry Meeting: Arthur Hays reimbursed for “keeping the widow Atkinson 2 months” [William Lindsay Hopkins, …Newport Parish Vestry Book 1724-1772, Isle of Wight County, Virginia, page 102.]

27/28 Dec 1732
Deed (Lease & Release): Thomas Bevan and wife (not named) to William Wilkinson… 68 acres in Newport Parish now in the tenure of said Thomas Bevan, being part of a patent for 350 acres formerly granted to Peter Hays.  Beginning at a locust post at the head of a small gutt or branch of  Virgus Creek thence 13p to a hickory thence S13W 108p to a pine thence 3p to a pine a corner tree between the said Thomas Bevan and Hugh Gyles, thence bounding on Virgus Creek so up a small branch or gutt of Virgus Creek to the beginning.  Signed: Thomas Bevan. Witness: Hugh Gyles, George Clarke, John Chapman. [Isle of Wight County Deed Book 4, page 223.]

22 Mar 1734/5
Will: Thomas Bevan… unto son Thomas Bevan my negro man Tony to be delivered to him at the age of 21 or day of marriage, and other goods.  My three sons George, Robert and Joseph Bevan and my daughter Mary Bevan to each of them one young horse or mare. Rest of estate to loving wife during her widowhood but if she marries only as much as is due her by law and the remaining part to be equally divided between my four youngest children (viz) George, Robert, Joseph, and Mary Bevan.  Loving wife Mary and son Thomas Bevan executrix and executor.  Signed: Thos. Bevan. Witness: Hugh Giles, Rachel (x) Davis.  Proved 25 August 1735. [Isle of Wight Wills Book 4, page 76.]

26 Jan 1735/6
Deed: Christopher Atkinson to Robert Haize, for the love and affection which I do bear toward my neighbor and friend Robert Haiz (sic)” and also for the sum of £12:10s current money of Virginia, 120 aces on the north side of the third swamp being one-half of a 240-acre tract sold to Atkinson by Thomas Wallis.  Signed: Christopher (x) Atkinson.  Witness: James Willson, W. Bidood?, (James?) Baker.  Proved 21 May 1736. [Isle of Wight County Deed Book 4, page 524.]

22 Mar 1735/6
Vestry Meeting: Robert Hayes and Anthony Crocker reported their district “all processioned”. [William Lindsay Hopkins, …Newport Parish Vestry Book 1724-1772, Isle of Wight County, Virginia, page 106.]

24 May 1736
Inventory:  Residual estate of Thomas Bevan by Charles Fulgham, John Gibbs, George (x) Whitly, pursuant to order of the court of 22 March 1735/6.  A modest inventory, the total appraised at about £10.  [Isle of Wight Deeds & Wills Book 4, page 108.]

15 Aug 1737
Deed: “I, Peter Haze of Bartie precinct in North Carolina for and in consideration of the natural love and affection which I do bear to my brother Arthur Haze as also for divers other good causes and more especially for and in consideration of the sum of £20 current money of Virginia… to my brother Arthur Haze… a certain tract or parcel of land containing 200 acres of land lying in the middle of that 600 acres given by Robin (sic) Flake to his daughter Elizabeth Haze lying between the second and third swamps of the Blackwater which was laid out and divided between the three brothers by Robert Haze, John Griffin, and Peter Crocker which said land being equally divided have given and assigned all my right privilege of the aforesaid 200 acres of land to my brother Arthur Haze…”  Signed: Peter (PH) Croker (sic !).  Witness: Matt’w. Jordan, Anthony Crocker, Peter Crocker, Arthur Crocker.  Deed from Peter Haize to Arthur Haize proved by oath of the first three witnesses above at a court held 22 August 1737. [Isle of Wight Deed Book 5, page 142.]

Peter Hayes signed with the same distinctive “PH” mark he used in Bertie County transactions.

21/22 Aug 1737
Lease & Release:  Arthur Hayes of Newport parish in Isle of Wight county to Anthony Crocker, for £18:5s, “a certain tract of land formerly bought of Thomas Hayes being part of 600 acres given to my mother Elizabeth Hayes by her father Robert Flake bounded and lying on the west side of the second swamp of the main Blackwater… the lower end of the said tract of land binding upon Parnals land and Dooles and Crockers & Hayes containing 200 acres…”  Signed: Arthur (x) Hayes.  Witness: Arthur Crocker, Peter Crocker.  [Isle of Wight County Deed Book 5, page 140-142.]

This is obviously not the tract that he bought from Peter Hayes, but rather a 200 acres tract that he bought of Thomas Hayes in an unrecorded deed.  Thomas Hayes must have inherited the 200 acres (presumably as the eldest son) from either Richard Hayes or Samuel Hayes. Unfortunately the deed transferring the land to Arthur Hayes is missing from Ile of Wight records — it is possible that Arthur Hayes never recorded it.

The lease and release was a somewhat archaic version of deed not much used at this point in history, but often found in Virginia deed books.  Arthur Hayes signed with a “AH” mark.

24 Nov 1738
Inventory:  Residual estate of Thomas Bevan by Hugh Giles, Charles Fulgham, Thomas Whitfield.  Inventory included negro man Tony, two negro women, household goods and livestock, the total appraised at £83:2s:3d.  Recorded 26 February 1738/9.  [Isle of Wight Deeds & Wills Book 4, page 220.]

25 Aug 1739
Deed: John Clark of Newport Parish to Christopher Atkinson of same, for £20, about 100 acres on the east side of the third swamp in Newport Parish bounded by William Flake, said Christopher Atkinson’s land he bought of Thomas Davidson. Witness:  Thomas (x) Anderson, Robert (x) Haze, Solomon (x) Tharp.  Recorded 26 November 1739. [Isle of Wight County Deed Book 5, page 396.]

On the following page is Clark’s bond to Atkinson that explains that John Clark’s grandfather John Clark devised half of his 200 acres to his grandson Thomas Davidson and half to his grandson William Phillips “who dying in his minority his part descended to me John Clark as heir at law to my grandfather John Clark.” The intent of the bond was to assure Atkinson that if Thomas Davidson’s part were to descend to John Clark he would let the deed by Atkinson stand. Also witnessed by Thomas (x) Anderson, Robert (x) Haze, Solomon (x) Tharp. [Isle of Wight County Deed Book 5, page 397.]

Robert Haze signed with an “R” mark. 

19 Oct 1739
Deed: Arthur Hayes of Newport parish, or and in consideration of the natural love and affection I do bear to my brother Robert Hayes also for divers other good causes and more especially for and in consideration of the sum of £5 current money of Virginia.. a certain tract of 100 acres being part of the middle of that 600 acres given by Peter Hayes to his brother Arthur Hayes… between the second and third swamps of Blackwater…which was laid out and divided between the three brothers by Robert Hayes, John Griffin, and Peter Crocker which land being equally divided I have assigned all my right of the said 100 acres to my brother Robert… Signed: Arthur (x) Hayes.  Witness: John (x) Stephenson, Peter Crocker, Anthony Crocker.  Recorded 26 November 1739.  [Isle of Wight County Deed Book 5, page 412.]

2 Nov 1739
Vestry Meeting: Processioners: …Robert Hays and Anthony Crocker… [William Lindsay Hopkins, …Newport Parish Vestry Book 1724-1772, Isle of Wight County, Virginia, page 111.]

26 Nov 1739
Deed:  Joshua Hase [residence not given] for and in consideration of the natural love and affection I do bear to my friend Edward Pittman also for divers other good causes and more especially for and in consideration of the sum of £8 current money of Virginia… [sell] a certain tract or parcel of land containing 200 acres which land was bequeathed by Robert Flack (sic) to his daughter Elizabeth Hase it being part of that 600 acres… beginning at the main run on the second swamp of Blackwater and thence up to a black gum and so up the said course to a marked red oak a corner tree and so joining the land of William Flake to the next corner tree a pine from that corner tree down to a pine in the head of Cook’s branch then running down the said branch to the main run or swamp of the Blackwater joining on the land of John Clayton so down the said swamp to the first station… Signed: Joshua (x) Hase.  Witness: Matth’w Jordan, Sam’l Person, Will’m. Braddy.  At a court held 26 November 1739: Joshua Hase came into court presented & acknowledged his deed…  [Isle of Wight County Deed Book 5, page 414.]

Joshua Hayes must have inherited (presumably as the eldest son) the 200 acres from one of the sons of Elizabeth Hayes.  But whose share did Joshua Hayes inherit?  Richard’s or Samuel’s?  It isn’t explicit in the document, but Joshua Hayes appears to have used a “J” signature mark.  From the description this would apparently have been the “lower” part of the 600-acre parcel.

In 1741 Edward Pittman sold most of this tract to his brother James Pittman and to Matthew Jordan. He sold the last piece of the tract to his “friend” Sampson Flake in 1745.  He died intestate by 1745 when his wife Martha administered his estate.

23 May 1740
Deed: Arthur Hayes of Newport Parish in the county of Isle of Wight for and in consideration of the natural love and affection I do bear to my neighbor Christopher Atkinson also for divers other good causes and more especially for and in consideration of the sum of £4 current money of Virginia… [sell] a certain tract of about 30 acres… bounded by a line of marked trees, Christopher Atkinson and Robert Hayes and Arthur Hayes… part of the 200 acres given to Arthur Hayes by Peter Hayes.   Signed: Arthur (x) Hayes.  Witness: Anthony Crocker, Peter Crocker.  Recorded 28 July 1740. [Isle of Wight County Deed Book 5, page 505.]

23 May 1741
Deed:  Edward Pittman planter, to James Pittman, both of Isle of Wight, for £5 (?faded) current money, 100 acres on the Second Swamp of the Blackwater being part of the 200 acres Edward Pittman bought of Joshua Hays… “beginning on John Clayton’s land at the mouth of Cook’s branch, so up that branch to William Flake’s land, so along Flake’s line to a new line between Edward & James Pittman, so down to the Swamp and so to the first station.” Signed Edwrd Pittman.  Witness: Arthur (x) Hase, Wm. Pittman, William Flake. Proved by the oaths of Arthur Haise (sic), William Pitman and William Flake on 27 June 1743.   [Isle of Wight County Deed Book 6, page 279.]

Arthur Hayes signed with his “AH” mark.

21 Dec 1741
Deed:  Edward Pittman to Mathew Jordan, both of Newport Parish of Isle of Wight, 60 acres whereon said Edward Pittman now dwells… on Second Swamp of Blackwater… beginning at a black gum that parts the land between the sd. Edward Pittman and Arthur Hase, so running up the old field… line that parts Thomas Pittman land and the sd. Edward Pittman… line that parts James Pittman and Edward Pittman…  [Isle of Wight County Deed Book 6, page 39.]

21 Nov 1743
Vestry Meeting: Processioners: …Arthur Hayes and Anthony Crocker… [William Lindsay Hopkins, …Newport Parish Vestry Book 1724-1772, Isle of Wight County, Virginia, page 118.]

22 Sep 1743
Deed: John Carpenter Sr. and wife Elizabeth of Nottoway Parish and William Carpenter of Edgecombe County, North Carolina, to Benjamin Hail of Nottoway Parish, 50 acres on east side of Flatt Swamp… being given to them by the “the Carpenters wives father to have and to hold”… Witness: Absalom Atkinson, Henry Ivy, Peter (x) Hays. [isle of Wight Deed Book 6, page 367.]

Peter Hays signed with a simple “H” mark, not the same signature mark used by Peter Hayes of Bertie. Henry Ivy was married to his wife’s sister.

28 Nov 1743
Settlement:  Estate of Thomas Bevan shows debts and expenses of £73:6s:1d versus appraisal of £83:2s:3d.  Submitted by “executors” indicating the widow was still alive.  [Isle of Wight Deeds & Wills Book 4, page 506.]

6 May 1745
Deed: Edward Pittman to Sampson Flake, for the natural love and affection which I do bear to my friend Sampson Flake… and more especially for & in consideration of the sum of £4 current money, 50 acres “part of a tract I bought of Joshua Hase lying at the upper end of 600 acres of land given to Elizabeth Hase by her father Robert Flake, it lying between the second and third swamp of Black Water binding upon Christopher Atkinson’s line and Arthur Hase and Patience Jordan and James Pittman”.  Signed: Edward Pittman.  Witness: Arthur (x) Hase, James (x) Pitman, William Flake.  Proved by all three witnesses on 28 October 1745.  [Isle of Wight County Deed Book 7, page 202.]

Arthur Hayes’ mark is reproduced as “AX”, close but not precisely the same as the “AH” mark previously used.

24 Mar 1745/6
Deed – Lease and Release: David Dortch of Brunswick County to Richard Hay of Surry County, for £21:10s, 185 acres on the north side of the Three Creeks in Isle of Wight,  beginning at a white oak on the side of the sd. Creeks a corner of Thomas Griffin’s land thence by Griffin’s line N75E 86p to a white oak a corner of William Heath’s land thence by Heath’s line NWxN 160p to a black oak a corner of John Upchurch’s land thence by Upchurches line N70W 136p to a lightwood post thence S25W 156p to a maple by the side fo the Three Creeks aforesd. and down the various courses and runs of the sd. Creeks to the beginning.  Signed: David (x) Dortch.  Witness: John Dortch, Henry Ivy, John (x) Spence.  [Isle of Wight County Deed Book 7, page 332 and 333.]

Richard Hay sells this land only one year later (see next item) and  evidently moved a few miles up the Three Creeks into Surry (later Sussex) County.

6 Apr 1747
Deed: Richard Hays of Surry County to Joseph Tharp of Surry County, for £24 current money, 185 acres [exactly the same metes and bounds as the land bought 13 months earlier]. Signed: Richard Hays, Frances (x) Hays.  Witness: Peter Hay, Wm. (x) Morgan, Thos. (x) Adams. [Isle of Wight County Deed Book 8, page 108.]

Richard Hays apparently never left Surry, selling this land only 13 months aver buying it.  Richard Hay(s) is mentioned numerous times in Surry records, particularly some eight times between 1740 and 1768 in the Albemarle Parish Register of Surry County, including mention of Richard and Frances Hay as the parents of three children named Richard Jr. Baalam, and Seth.  Richard Hay was apparently the brother mentioned in the 1758 Surry County will of Gilbert Hay, as he is found in many records with other persons named in that will..  

14 May 1747
Court Order: Arthur Haise an evidence for Sampson Flake in suit against William Braddy, ordered said Flake to pay him 25 pounds of tobacco for three days attendance. [Isle of Wight County Court Order Book 1746-1752, page 19.]

30 Sept 1747
Vestry Meeting: Processioners: …Arthur Hayes and Anthony Crocker… [William Lindsay Hopkins, …Newport Parish Vestry Book 1724-1772, Isle of Wight County, Virginia, page 125.]

9 Oct 1747
Court Order: Suit by petition Peter Hay plt. and Thomas Adams Junr. defendt., the parties agreeing, to be dismissed. [Isle of Wight County Court Order Book 1746-1752, page 19.]

13 Apr 1748
Deed: Arthur Haise of Isle of Wight to Sampson Flake, “for and in consideration of the sd. Sampson Flake’s finding the sd. Arthur Haise with victuals washing mending and makeing all his cloaths during his natural life” sells 50 acres on the west side of the second swamp of the Blackwater beginning at a great pine in Patience Jordan’s line then down the deep branch to the second swamp and down the various courses of the sd. swamp to a beech a corner of Anthony Crocker then bounding upon Robert Haise along a line of marked trees to a hickory a corner tree of the sd. Haises, then bounding upon Christopher Atkinson to a red oak, a corner of the Sampson Flake’s land then by his line to the first station, and one cow and calf and a barren cow, three sheep, and three hoggs… Signed: Arthur (x) Haise.  Witness: Sam’l Cornwell, Joseph (x) Thompson, James (x) Pittman.  Acknowledged by Arthur Haise in court on 17 April 1749. [Isle of Wight County Deed Book 8, page 175.]

Note that no wife was included in the contract. 

30 Apr 1749
Southampton County formed from southern Isle of Wight.  The new county included all of Isle of Wight west of the Blackwater. (Part of Nansemond was added later.)

1 Feb 1752
Robert (x) Hays a witness to Christopher Atkinson’s deed of gift to his son Benjamin Atkinson for land on east side of the third swamp of the Blackwater… [Isle of Wight County Deed Book 8, page 434.]

6 Feb 1752
Court Order:  Robert Hays by reason of his infirmities is exempted from working on the highways for the future. [Isle of Wight County Court Order Book 1746-1752, page 387.]

8 Feb 1752
Vestry Meeting:  Processioning reports… “All lines in the presence of Jordan Thomas, Robert Hayes, John Clayton.  [Signed] William Farnold, Anthony Crocker.  [William Lindsay Hopkins, …Newport Parish Vestry Book 1724-1772, Isle of Wight County, Virginia, page 139.]

27 Oct 1753
Vestry Meeting:  …Arthur Hays exempt from paying Levy..   [William Lindsay Hopkins, …Newport Parish Vestry Book 1724-1772, Isle of Wight County, Virginia, page 141.]

Exemptions from the parish tax (for reasons other than officeholders) were rare compared to exemptions from the public tax, and typically were made only for the infirm or disabled. Coupled with Arthur’s deed in 1748, it appears that he was unable to support himself but was not a pensioner of the parish.  Note that there is no indication that he had children or a family.

5 July 1757
Deed: Robert Hays, husbandsman, of Newport parish, “for love and good will and affection and also for divers good causes but more especially for and in consideration of £5 current money of Virginia”, to Charles Harris the son of Elizabeth Hays the wife of Robert Hays… 50 acres “bounded by a line of Anthony Crocker, William Harris, Christopher Atkinson, and my own mannor (sic) plantation which all lying between the second and third swamps of Blackwater”.  Signed: Robert (x) Hays.  Witness: Anthony Crocker, Benjamin (x) Atkins.  Acknowledged by Robert Hays in court 7 July 1757.  [Isle of Wight County Deed Book 9, page 491.]

5 July 1757
Deed: Robert Hays, husbandsman, of Newport parish,  “for and in consideration of love and good will as also for divers good causes but more especially for and in consideration of £5 current money of Virginia”, to William Harris the son of Elizabeth Hays the wife of Robert Hays, 50 acres “bounded by a line of Anthony Crocker, Charles Harris, Samuel Flake which all lying between the second and third swamp of Blackwater”.  Signed: Robert (x) Hays.  Witness: Anthony Crocker, Benjamin (x) Atkins. cknowledged by Robert Hays in court 7 July 1757. [Isle of Wight County Deed Book 9, page 492.]

It is likely that Robert Hays has recently married the widow of a Harris who had children by that prior marriage. (It is less likely though remotely possible, that his wife was the mother of illegitimate children who were obligated to take her surname.)  Either way it does not appear that Robert Hayes produced children carrying the Hayes surname.

There are no probate records that are helpful.  A George Harris and his wife Elizabeth had sold land in the upper parish in 1745.  The following year an Edward Harris and wife Elizabeth sold land.  But neither man left probate records in Isle of Wight.

18 Jan 1764
Deed: Ann (sic) Jordan of Perquimans County, North Carolina to James Pittman, 50 acres adjoining Arthur Hayes and Thomas Pittman. Signed: Nancy Jordan. [Isle of Wight County Deed Book 11, page 260.]

7 Sep 1766
Will: Robert Hayse.  I give and devise my body and my land to Charles Harris, consisting of 125 acres, the son of Elizabeth Harris… I give and bequeath unto to Lucy Harris, daughter of Charles Harris, 20 shillings to be raised from estate… I give and devise unto Lowice (Louvice?) Harris 20 shillings to be raised from estate.  Appoints Charles Harris executor, specifies that estate is not to be appraised. Witness: John Davis, John Thomas, John (x) Darnal. Recorded 7 March 1771.   [Isle of Wight County Will Book 8, page 76.]

This is the same Charles Harris to whom he had sold 50 acres in 1757, for in 1774 Charles Harris and his wife Sarah sold the whole 170 acres acquired from Robert Hayes.  [DB 13, p194]  Thus “Elizabeth Harris” is the same person he described as his wife in the two 1757 deeds.  The absence of a legal marriage would explain all this quite nicely.  It could be that one or the other was previously married and abandoned or separated — since there was no judicial process for a divorce and remarriage, such persons were doomed to cohabit without benefit of a legal marriage.  Another possibility is that they were unable to marry for religious reasons.

27 Jun 1767
Will: Arthur Hayes of Blackwater “…bequeath to Sampson Pitman the son of James Pitman, one feather bed and gold ring, four pewter dishes, two pewter basons, one pewter flagon, one pewter porringer, one tankard and all my cloaths… remainder of my estate to be equally divided between William Flake and Faithy Flake and Mary Pittman the wife of James Pittman.   Appoints James Pittman Senr. executor.  Recorded 3 October 1776 on oaths of the three witnesses: James Stringfield, William Flake, James Pitman (junior).  Securities (for executor): James Pitman Jr., William Flake.  [Isle of Wight County Will Book 8, page 444.]

From this we conclude that Arthur had no wife living and tentatively conclude that Faithy, wife of William Flake, and Mary, wife of James Pittman (jr.) were his daughters.  (They weren’t old enough to be his sisters.)

1771
Inventory: Estate of Robert Hayes by executor. a very modest (unappraised) estate including 2 cows, one heifer, 2 yearlings, one ewe and 2 lambs, no horses, 2 beds, 2 pots and hooks, one fry pan, four plates, ten spoons, one table and four chairs… [Isle of Wight County Will Book 8, page 83.]

3 Mar 1774
Deed: Arthur Hayes to Thomas Wombwell (Womble), for £8, 25 acres on the second swamp of Blackwater, beginning at the marked run of the second swamp of Blackwater and running along the said Wonbwell’s line to the head of the said land and along the head line joining Sampson Flake’s land down the main run of the Deep Branch to the main run of the swamp and up the swamp to the beginning.  Signed: Arthur (x) Hayes.  Witnesses not recorded.  [Isle of Wight County Deed Book 13, page 1186.]

20 Nov 1776
Appraisal: Estate of Arthur Hayes by WIlliam Gay, James Stringfield, and Michael Deloach.  One bed, one pott, one tankard, one dish, two plates… Total value €16:19s:7d.  [Isle of Wight County Will Book 8, page 453.]

The estate included no livestock or farming implements or notes, just basic household furnishings and two sets of clothes.

4 Jan 1796
Estate Account: Arthur Hayes estate account of James Pittman, executor, examined by Thomas Wrenn, William Gay, Joseph Stallings.  Sales totaled £5:16s:1d.  Paid Samuel Flake for funeral expenses and clerk of court fees, leaving £2:19s balance in estate. Isle of Wight County Will Book 10, page 385.]

There are no Hays in the deed indices for Books 10, 11, or 12.