Hayes Records in Northampton County 1741-1805 (Group B)

Northampton records are divided into two files.  The records in this file seem to apply to several Hays persons who do not seem to be related to the Samuel Hays and Joshua Hays who settled in the northeastern corner of Northampton County in the 1740s.  The Hayes persons below settled some 40-odd miles to the southwest in the southern part of present-day Northampton County.

  • Northampton County was created from Bertie County in 1741. At that time it included part of Hertford County. Immediately to the north lay the Virginia counties of Southampton and Greensville.
  • Deed records begin in 1743. Probate records begin late 1760.
  • Many early records no longer exist. Marriage records do not begin until 1811 and court minutes prior to 1792 are lost.

All persons are identified in records as “of Northampton County” unless otherwise noted.

9 Mar 1717
Patent to Hardy Council: 640 acres “beginning at a maple in Urah(aw) Swamp Wm. Braswell’s corner then along his line S30E 330 poles to the centre of two black oaks and a white oak then S60W 320 poles to a live oak in Placket Branch then N30W down the branch to the centre of two red oaks and a pine Esther Kerbey’s corner then down the courses of the said branch to the mouth thereof on Antonky Marsh thence down the marsh and Urah(aw) Swamp to the first station.”  [North Carolina Land Patent Book 3, page 33.  Grant #368]

I include this because Peter Hayes later owned part of this patent and because it gives us a rough location for the land Peter Hayes sold in 1743 (see 2 Feb 1742/3 below).   The land was in Chowan Precinct at the time of the grant but was in southern Northampton County by 1743.

2 Feb 1742/3
Deed: Peter Hayes in Bertie County, planter, to John Sherard Junr. planter, for £5 paid to Hardy Counsell (sic) in Tyrell County, 100 acres on the so. east side of Aptonkey (sic) swamp.. being part of a patent containing 640 acres… beginning at a corner tree standing in the branch of the sd. swamp & down the sd. branch… a line of marked trees to the head line of the patent than along that line…  [metes and bounds only, no adjacent landowners noted].  Signed: Peter (x) Hayes.  Witness: Thos. Daughtree, Jos. Shepard. Jno. Oliphant.  Proved May Ct. 1743 [Northampton County Deed Book 1, page 73]

This land was part of the 640-acre patent to Hardy Council described above.  Antonky Marsh was evidently a small stream running (according to the patent’s metes and bounds) northerly or easterly and emptying into Urahaw Swamp, though the precise location is unknown.  How Peter Hayes acquired this land is uncertain — there is no deed to him in either Bertie or Northampton.

This seems to be the only mention of this Peter Hayes in Northampton County records.  He signed with the same distinctive “PH” mark that he used in Bertie transactions.

21 Nov 1743
Deed: Robert Newsom of Isle of Wight County, Virginia to Thomas Hayes of Northampton County, for £15, 225 acres northerly of Antonkey Marsh  where the said Thos. Hays now lives… beginning at John Bass corner… along Kerbey’s line… along Bass’s line… being part of a 450-acre patent to John Gray of 21 March 1742/3.  Signed: Robert (x) Newsom.  Witness: Samuel Peete, John Hayes, Mary Grant.  Proved at November Ct. 1743. [Northampton County Deed Book 1, page 89]

This was quite close to the land sold by Peter Hayes above.  Antonkey Marsh (see above) emptied into Urahaw Swamp and “northerly” was evidently between it and Urahaw Swamp.  John Bass had bought his parcel in 1728 from James Hutchinson when it was described as on Antonkey Marsh and bordering Hardy Council’s patent.  This may have been in the general vicinity of Urahaw and Bear Swamps.

The John Gray patent was for 450 acres “northerly of Antoncay Marsh beginning at the center of three red oaks John Basses corner… Robert Houses line… Lane’s line..” [North Carolina Patent Book 4, page 130 and repeated in Book 5, page 101]

22 Nov 1743
Deed: Robert Newsom of Isle of Wight County, Virginia to Edward Bass (part of the John Gray patent)  witnessed by Thomas(x) Hayes. [Northampton County Deed Book 1, page 89]

1 Mar 1744/5
Deed: Samuel Peete, Doctor of Physick of Isle of Wight County, Virginia to Joseph Grant, cooper, 100 acres on both sides Yourahaw Swamp.  Witness: Thomas (x) Hays, John (x) Hayes.  Proved by Thomas Hays at February Court 1745/6. [Northampton County Deed Book 1, page 234]

10 Nov 1745
Deed: John Edwards to Thomas Hayes, for £20, 195 acres on both sides of Bear Swamp… corner pine on west side of sd swamp… to a live oak in Joseph Culpepper’s line…  to a pine on the swamp then across the swamp… Solomon Fuller’s line… along another of Fuller’s lines to William Boon’s line… down the Bear Swamp to the beginning.  Part of a patent to John Edwards for 595 acres of 6 April 1745.  Signed: John Edwards.  No witnesses.  Acknowledged by Edwards at February Ct. 1745/6. [Northampton County Deed Book 1, page 236]

Bear Swamp runs roughly southeast from the vicinity of Stony Hill (south of the modern-day village of Jackson) and empties into Urahaw Swamp in southern Northampton County.

10 Nov 1747
Deed: John Edwards to John Hayes, for £20, 200 acres on the northeast side of Bear Swamp… beginning at a live oak on the swamp… along the patent line  to Solomon Fuller’s corner red oak… along Fuller’s line… Part of a patent to John Edwards for 595 acres of 6 April 1745.  Signed: John Edwards.  Witness: John Samon(?), Jos. Grant.  Proved February Ct. 1747/8. [Northampton County Deed Book 1, page 326]

This parcel is adjacent to the one Thomas Hays bought two years earlier.  Surely Thomas Hayes and John Hayes are related, either as father-son or brothers.

It is also clear that these are not the same persons as the Thomas Hayes and John Hayes — thought to have been sons of Peter Hayes — who were resident in Bertie County during this time.

23 Feb 1747/8
Deed: John Hayes to John Samon, for £20, 100 acres on the northeast side of Bear Swamp… being part of a tract patented by John Edwards for 595 acres… beginning on John Edwards line at a corner live oak on the swamp… Signed: John (x) Hayes.  Witness: James [Fort?], Wm. Booker. Proved February Ct. 1747/8. [Northampton County Deed Book 1, page 324]

He bought this less than four months earlier.

18 Sept 1749
Deed: Thomas Hayes to William Boon, for £6, 225 acres northerly of Antonkey Marsh where Sawyer Hayes lives… beginning at John Bass corner… along Kerbey’s line… along Bass’s line… being part of a 450-acre patent to John Gray of 21 March 1742/3.  Signed: Thomas (x) Hayes.  Witness: Robert Powers, Charles Counsell.  Proved at November Ct. 1749. [Northampton County Deed Book 1, page 406]

He had owned this land for six years. The clerk happened to record the mark used as a capital “T”.

Is Sawyer Hayes a brother? a son? a cousin?

24 May 1751
Deed: William Boddie & Green Hill, planters, to John Hayes, planter, for £12:10s, 185 acres on the north side of Roanoke River in Uraha woods… beginning at William Winbourne’s corner… Winbourne’s corner gum in Uraha Swamp then down Winbourne’s line… Signed: William Boddie, Green Hill. Witness: Wm. Winbourne, Phillip Winbourne. Proved May Ct. 1751. [Northampton County Deed Book 1, page 479]

Bear Swamp empties into Urahaw Swamp in the southern part of present-day Northampton County.  This land is apparently near the place where the two creeks come together.

20 Feb 1751/2
Deed: William Boon to John Hayes, for £9:10s and another plantation, 100 acres on the south side of Uraha Swamp and north side of Roanoke River beginning at a white oak on the south side of Uraha Swamp thence along a line of William Bennett’s… to Kain’s path… down the swamp…  Part of a patent of 265 acres granted to William Bennett 4 August 1730.  Signed: Wm. Boon. Witness: Wm. Winbourne. Proved May Ct. 1752.  [Northampton County Deed Book 2, page 69]

14 Oct 1753
Deed: Thomas Hayes to John Griffin, for £3, 100 acres on the north side of Bear Swamp… being part of a patent to John Edwards for 595 acres… beginning at a holly upon the side of Bear Swamp, so running up the side of the swamp to a pine… Joseph Fuller’s line… Signed Thomas (x) Hayes. Witness: Wm. Winbourne, Wm. Boon, John James.  Proved February Ct. 1754.

This is about half the 195-acre tract he had bought from John Edwards in 1745.  He would buy it back from Griffin five years later.  The clerk recorded the mark as a capital “T”.

23 Oct 1754
Grant: to Jesse Rawls… John Hays corner gum in Uraha Swamp… William Winborne’s line… [NC Grant Book 14, page 310]

30? Sep 1758
Deed: John Griffin to Thomas Hayes, for £3, 100 acres on the north side of Bear Swamp being part of a patent to John Edwards for 597 (sic) acres dated 6 April 1745… beginning at a holly upon the side of the swamp, running up the swamp to a pine, then running to a pine in Joseph Fuller’s line thence along Fuller’s line to Moneham’s line…  Signed: John Griffin. Witness: Wm. Winbourne, Barnabe Thomas, Jno (x) Hayes.  Proved October Ct. 1758.  [Northampton County Deed Book 2, page 491]

Oct 1758
Coroner’s Inquest: An unknown man drowned while attempting to cross Roanoke River on horseback, Inquest held in Northampton County on _ Oct 1758. Thomas Pau, Esq., coroner.  Jury: included Thos. Hays and John Hays.  [North Carolina Genealogical Society Journal, Vol 1, No. 1, page 31.]

4 Apr 1759
Deed: William Mann to Thomas Hayes, for £6, 100 acres being part of the land that Richard Conyors sold to William Mann by deed 25 February 1758… on south side of Bear Swamp beginning at a pine standing on the swamp… to Kirby’s marked pine and live oak then along Kirby’s line to Griffith’s… to Bear Swamp thence down the swamp to the beginning.  Signed: William Mann. Witness: Joseph Sikes, Math. Exum. Proved April Ct. 1759. [Northampton County Deed Book 3, page 11]

10 May 1759
Deed: Thomas Hayes to Thomas Tadlock, for £10, 100 acres north side Bear Swamp being part of a patent to John Edwards for 597 (sic) acres dated 6 April 1745… beginning at a holly upon the side of the swamp… [same description as land bought 30 September 1758]  Signed: Thomas (x) Hayes. Witness: Joseph Sikes, John (x) Vaughn. Proved Aptil Ct. 1759.  [Northampton County Deed Book 3, page 6]

1 March 1759
Will: Andrew Taylor.  Plantation and two slaves to son Caleb Taylor, one slave to son Demsy (sic) Taylor.  Daughters Grace and Judith.  Wife Anne and son Caleb named executrix and executor.  Witness: J. Edwards, John Hayes, Samuel Hayes.   Proved April Ct. 1759.  [North Carolina Historical and Genealogical Register, Vol. 1 (January 1900) , page 493.  Also Abstract of North Carolina Wills Compiled from Original and Recorded Wills in the Office of the Secretary of State, John Bryan Grimes ((1910), page 371.  A  Northampton County will but not in will books. ]

This is John and Samuel Hayes, father and son. 

13 April 1761
Deed: Thomas Hayes to Lewis Wood, for £10, 100 acres [same description as land bought 4 April 1759] Signed: Thomas (x) Hayes  Witness: Peter Dukes, Charles Bryant.  Proved May Ct. 1759. [Northampton County Deed Book 3, page 108]

He owned this land for two years.  The clerk recorded his mark as a capital “T”

24 Apr 1761
Will: Samuel Hays, cooper, “being very sick in body but of perfect mind”… I give & bequeath to Tilpah my dearly beloved wife seven pewter plates & two basins & two pewter dishes & one mare [and?] colt, two cows & one yearling, one bed & furniture & one spinning wheel… to my well beloved daughter Anne Hays eight pewter plates & three pewter basins & two dishes, one bed & sheet & one blanket & bolster, two cows & one yearling.  And my dearly beloved father John Hays to be my executor.  Signed: Samuel (x) Hays.  Witnesses:  John Hays, George Reed, Tilpah Hays.  Proved by George Reed August Ct. 1761.  John Hays qualified as executor.  [Northampton County Will Book 1, page 54]

This man seems to be young and landless, as no land is mentioned in the will. Many internet postings and gedcoms identify him as the son of Peter Hays and the father of Jesse Hays — I cannot explain that theory, as he was clearly the son of John Hays.  This also suggests that John Hays was approaching middle age when he showed up in Northampton County in 1747 as he had a son old enough to have started a family by 1761.

I note that the 1773 will of John Barnes in neighboring Bertie County mentions a wife named “Zilpha” and a grand daughter named “Lucy Haze.”  Could Samuel Hayes’ widow Zilpha have married Barnes?

24 May 1761
Deed: John Bass to Thomas Hays, for 20 shillings, 50 acres on the south side of Bear Swamp… beginning at a large maple on the swamp… Green Hill’s line… to a corner pine on the swamp then down the Swamp to the beginning.  Signed: John (x) Bass. Witness: James Butler, Sawer Hays [Sawyer Hayes]. Proved by Sawer (sic) Hayes August Ct. 1761. [Northampton County Deed Book 3, page 121]

28 Nov 1761
Bond: Reuben Bass and Willis Boddie of Northampton County securities for John Hayes, planter, of Northampton County, executor of Samuel Hayes dec’d. [Granville County Loose Estate Records, misfiled among the papers of a different Samuel Hayes.]

Reuben Bass moved to Granville County, where he was sued by Willis Boddie.  The bond was apparently introduced as evidence to the court in Granville County.

1762
Election of two representatives from Northampton County to House of Commons.  Among the 54 votes for Anthony Armistead: Joshua Hayes, Sawyer Hays.  Among the 47 votes for Thomas Pierce: Sawyer Hayes.  Among the 10 votes for Robert Washington: Joshua Hayes. [North Carolina Genealogical Society Journal, Vol. 12, No. 3, page 171]

Joshua Hayes — see the other Northampton County records file — is still in Northampton but would shortly move to Granville County.  Note that John Hayes and Thomas Hayes either did not vote (despite being landowning residents) or the voting records are incomplete.  The latter is apparently the case — fewer than 100 names appear on these lists, though there were many hundreds of persons eligible to vote.

21 Nov 1762
Deed: Henry Moneham [Monyhan] of Johnson County, North Carolina to Sawyer Hays, planter, for £50, 150 acres on the north side of Bear Swamp, being land granted to Henry Monyham 20 April 1745. Beginning on the north side of Bear Swamp at a maple on swamp… [metes and bounds follow, no adjacent landowners].  Signed: Henry (x) Monyham. Witness: William Vinson.  Proved May Ct. 1763 [Northampton County Deed Book 3, page 244]

14 Oct 1764
Deed: Solomon Boykin to Mary Deloach of Edgecombe County, for £15:16s, 410 acres adjoining Stringer, Straitor, Joshua Elkin, and Davis, granted by deed to Solomon Boykin bearing date 8 August 1761.  Signed: Solomon (x) Boykin.  Witness: Wm. Deloach, Arthur Hayes, Caleb Taylor. [Northampton County Deed Book C, page 253]

22 Nov 1764
Deed: Thomas Hayes to Joseph Parker of Chowan County, for £46, 145 acres the plantation whereon I now live… on the south side of Bear Swamp…beginning at a maple a corner tree on the no. side of the said swamp then up the swamp to a live oak a corner tree between Hayes and Thomas Tadlock line then crossing sd. swamp… Green Hill’s line… John Griffin line… Caleb Taylor’s line… Signed: Thomas (x) Hayes.  Witness: (obscured name) Cameron, John (x) Griffin, Arthur (x) Griffin.  Proved December Ct 1779.  [Northampton County Deed Book 3, page 339]

Lucy Hayes wife of Thomas Hayes” relinquished dower in the above deed at March Court 1771 more than six years later. [Northampton County Deed Book 5, page 59]

The release of dower did not occur until six years later (perhaps when Parker decided to sell the land and wanted a clear title.) The clerk recorded Thomas Hayes’ mark as a capital “T” as in the earlier transaction.

19 Apr 1765
Deed:  Ethelred Washington to Thomas Hays, for £34, 200 acres on the south side of the Great Branch of Pattys Delight [metes and bounds follow, no adjacent landowners].  Signed Ethd. Washington.  Witness: James Washington, Sawer (x) Hays.   Proved May Ct. 1765. [Northampton County Deed Book 3, page 372]

Paddy’s Delight Creek flows about 8 or so miles south into Wildcat Swamp about four miles north of Urahaw Swamp. 

23 Feb 1767
Deed: Thomas Hayes to John Pierse (sic) of Nansemond County, Virginia, for £35, 200 acres on the south side of the Great Branch of Pattys Delight [same description as the land bought two years earlier].  Signed: Thos. (x) Hayes, Lucretia (x) Hayes.  Witness: John Wade, Elisha Pierse.  Clerk’s entry described deed by “Thos. Hayes & Lucretia his wife” proved and feme relinquished dower at May Ct. 1767. [Northampton County Deed Book 4, page 60]

This is the first deed by Thomas Hayes with a dower release noted.  Was he newly married or did previous clerks of court not record dower releases?

8 Jan 1768
Deed: John Hayes to Joseph Parker, for £10, 100 acres on the northeast side of Bear Swamp… beginning at a live oak on the swamp… along the patent line  to Solomon Fuller’s corner red oak… along Fuller’s line… Part of a patent to John Edwards for 595 acres of 6 April 1745.  Signed: John (x) Hayes.  Witness:  Thos. (x) Hayes, Arthur (x) Hayes.  Proved by oath of Thomas Hayes at March Ct. 1768. [Northampton County Deed Book 4, page 121]

He had owned this parcel for 21 years. The low price implies a lack of houses and other improvements, so he probably didn’t live on this parcel.

26 Aug 1768
Deed: Caleb Taylor of Northampton Co. to Lewis Wood of same, for £11 proclamation money, 100 acres “on the south side of Bear Swamp beginning at Sawyer Hays’s line then to Parkers line thence to Griffens line to the branch…” Signed: Caleb Taylor. Witness: Jno. Barnes, Jno. (X) Griffin, Thos. (X) Hayes.  Proved at September Ct. 1768.  [Northampton County Deed Book 4, page 184]

22 June 1769
Deed: Sawyer Hayes, planter, to Thomas Tadlock, planter, for £30, 150 acres being land granted to Henry Moneham on 20 April 1745… beginning on the north side of Bear Swamp at a maple on the bent of  the swamp… [metes and bounds only, no neighbors named.] Signed: Sawyer (x) Hayes. Witness: James Vinson, John Parker. Proved December Ct. 1769.  [Northampton County Deed Book 4, page 295]

1769
Tax List, Bertie County:
Thomas Hays – 2 white polls
John Hays – 3 white polls
Richard Hays – 2 white polls
Hardy Hays – 1 white poll

I include this to show that John Hayes and Thomas Hayes of Northampton do not seem to be the same men who were living in adjacent Bertie County.   Both John and Thomas are consistently “of Northampton County” in deeds.

7 April 1772
Deed:  Peter George Dents to Thomas Hayes, for £46, 150 acres, a tract of land Wm Edwards & of (sic) Solomon Pace in 1763 & sold by Thomas Wilson to Joseph Sikes in 1769 & then sold by sd. Sikes to afsd. Dents by deed 14 October 1770.  Beginning at the mouth of a branch at Jacob Parker’s line then up the branch… [metes and bounds follow]  Signed: Peter Geo. Dents, Esther Dents.  Witness Samson Hayes, Richard (x) Grant.  Proved June Ct. 1772. [Northampton County Deed Book 5, page 139]

19 Dec 1772
Deed: Thomas Hayes to Samuel Collier, for £50, 150 acres [the and purchased of Peter George Dents.]  Signed: Thomas (x) Hayes, Lucy (x) Hayes. Witness: Wm. Winbourne, John Pike.  Lucy relinquished dower and deed proved at March Ct. 1773.  [Northampton County Deed Book 5, page 267]

6 May 1774
Deed:  Thomas Tadlock to Sarah Hayes, planter, for £38:12s, 150 acres on the north side Bear  Swamp being a grant to Henry Moneham of 20 April 1745. Beginning on the north bank of Bare (sic) Swamp beginning at a maple on the bank of afsaid. swamp.. [same land sold by Sawyer Hayes in 1769]. Signed: Thomas Tadlock.  Witness: James Vinson, John Parker, Jesse Lasseter, William Coffield. [Northampton County Deed Book 5, page 309]

Only a single woman could buy property, making it likely that Sarah is a widow, perhaps the widow of John Hayes or Sawyer Hayes.  This is the same tract that Sawyer Hayes had sold in 1769 and was probably opposite Thomas Hayes’ old plantation.  She sold this land less than a year later and seems to have disappeared.

7 June 1774
Deed: James Dancy to Thomas Hays, for £36, 350 acres formerly owned by William Edwards… and sold to James Dancy. Beginning at a hickory Thomas Pace’s corner… to James Turner corner red oak then along his line… to William Winbourne’s corner white oak then along his line… to a corner pine in Stony Hill pocason… through the pocason to the first station.  Signed: James Dancy.  Witness: Solomon Pace, James Winbourn (sic), Sampson Hayse (sic).  Proved by Sampson Hays. [Northampton County Deed Book 5, page 307]

A pocasin or pocason (from an Indian word) is a type of wetland located on a hill or plateau to differentiate it from a lowland marsh or swamp. Thomas Pace owned a plantation in the area called “Stony Hill Plantation.”

“Stony HIll” is shown on a 1925 soil survey map of Northampton County, located roughly four miles southeast of the village of Jackson.  Several small creeks lead from the hill.  One meanders northeast about three files into Potecasi Creek (a portion of the creek that is called the Ramsey Creek on some modern maps.) .  One creek runs southeasterly into the upper reaches of Bear Creek and another runs southerly into Quarter Swamp which drains into Urahaw Swamp.  The hill is or more or less surrounded by pocasons, but it appears that Stony Hill Pocason lies in the the two or three miles between the hill and Potecasi Creek.

2 March 1775  Deed: Sarah Hayes, planter, to Caleb Wooten of Bertie County, for £66, 150 acres on the north side Bear Swamp… granted to Henry Monehan 20 April 1745… beginning at the north side of Bare (sic) Swamp… [same land she purchased ten months earlier]  Signed: Sarah (x) Hayes.  Witness: James Vinson, Wm. Clifford.  Proved March Ct. 1775 [Northampton County Deed Book 6, page 39]

Sarah Hayes may be the same person who moved to Granville County about this time.

17 Dec 1776
Will: Arthur Hays “of the County of Edgecombe… to my sons Jesse and Kinchen I give a horse and cow… to my brothers Solomon and Sampson I leave a rifle and still… to my wife Mary Winborne Hays do bequeath all the rest and my land on Tiancokey Swamp.  Signed: Arthur (x) Hays.  Witness: Bryan Winborne, Caleb Taylor. [Image of original will posted online at http://www.hays-hayes.org/genealogy/showmedia.php?mediaID=480&medialinkID=698.]

I could not find the source of this record, which was posted online with no provenance. No such will was recorded in either Edgecombe County or Northampton County.  Furthermore, Mary Hays was referred to as the administratrix in the 1786 account current (see below) rather than as the executrix, confirming that the will was never recorded.  That raises the question of whether this will is genuine — I note that its form is quite unusual in both language and format. (Compare it to the numerous wills recorded in Edgecombe and Northampton during the same general period.)  Both witnesses were residents of Northampton, so the will must have been witnessed there, but it does not appear in the Northampton will books.

Arthur Hays was alive in mid-1778 (see below) but dead by the 1780 Northampton tax list when his widow was listed.  Inventories and estate sales for Northampton are missing prior to about 1781 so the early records of this estate are lost.

“Tiancokey” Swamp (now called Cokey Swmp) begins just south of Rocky Mount and flows southeast into southern Edgecombe County, emptying into Town Creek.

25 Feb 1777
Deed: Samuel Cowling to Sampson Hays, for £10, 80 acres “beginning at a corner pine & running down the great branch to the road & from thence along the road to a red oak…”  Signed: Samuel Cowling.  Witness: Frederick Jones, John (x) Hays, Thomas (x) Hays.  Proved March Ct. 1777 by Thomas Hays.  [Northampton County Deed Book 6, page 111]

25 Feb 1777
Deed: Samuel Cowling to John Hays, for £14:5s, 170 acres [very vaugue description, no neighbors or watercourses noted]  Signed: Samuel Cowling.  Witness: Frederick Jones, Sampson Hays, Thomas Hays.  Proved March Ct. 1777 by Thomas Hays.  [Northampton County Deed Book 6, page 119]

1 Jan 1778
Deed: Thomas Hayes for “good will and affection which I have & bear toward my son Sampson Hayes” give 175 acres “being part of the land I purchased of James Dancy”… beginning at James Turner’s corner red oak thence along his line to his corner white oak thence along his line to William WInborne’s corner… Signed: Thomas (x) Hayes.  Witness: Richard T. Walker, Solomon (x) Hayes. Proved by Soloman Hayes at March Ct. 1778.  [Northampton County Deed Book 6, page 219]

3 Jan 1778
Deed: Richard Walker to Elias Hays, for £80, 50 acres on the south side of Potacasy Creek [no further description in deed]. Signed: Richd. Walker.  Witness: Solomon (x) Hays, John (x) Hays. Proved June Ct. 1778.  [Northampton County Deed Book 6, page 27]

16 Jan 1778
Deed: Thomas Hayes for “good will and affection which I have & bear toward my son Solomon Hayes” give 175 acres “being part of the land I purchased of James Dancy”… beginning at a hickory in Thos. Pace’s line then along a line of marked trees to James Turner’s corner red oak… to a corner pine in Stony Hill pocason… through the pocason to the first station.  Signed: Thomas (x) Hayes.  Witness: Richard Walker, Samson Hayes. Proved by Samson Hayes at March Ct. 1778. [Northampton County Deed Book 6, page 215]

These two deeds give half the land he bought in 1774 to each son Solomon Hayes and Sampson Hayes.  The clerk recorded his mark as the capital “T” in both deeds.  There was no release of dower.

6 June 1778
Deed: John Hays, planter, to “Jesse Hays son of Arthur Hays and Mary Hays his wife”… “for and in consideration of the love & good will that I bear to the said Jesse Hays” gift 100 acres of land on the south side of Urahaw Swamp… [same description as land he bought on 20 February 1751/2]  Signed John (x) Hays.  Witness:  Bryant Winburn (sic), Calib Tayler (sic).   Proved September Ct. 1778.  [Northampton County Deed Book 6, page 261]

The reason for this deed of gift is not at all clear.  Arthur Hays’ will clarifies that he was a son of John Hays and this record implies that Arthur was still alive.  Were John and Arthur trying to protect the land from creditors by putting it in a child’s name? Why was Kinchen Hays not a party?

Jesse Hays was dead shortly thereafter — an accounting of the estate of Arthur Hays shows that he was deceased by 1786.  The land would have been inherited by his brother Kinchen Hays but I have not attempted to track down who sold this land and when.

10 May 1779
Deed Thomas Hart to Thomas Hayes, for £250 paid by the said Thomas Hart (sic!) and Henry Hill, 150 acres on Bates Loaches Branch.  Signed: Thomas Hart.  Witness: James Lewis, Henry Lewis, Henry Hill.  Proved June Ct. 1779.   [Northampton County Deed Book 6, page 348]

There were DeLoach’s in the County, and perhaps Loaches, don’t recall seeing a Bates Loach.

1 Aug 1779
Deed:  Solomon Hays & Thomas Hays to Sampson Hays, for £1,500, 174 acres beginning at a hickory Thos. Pace’s corner thence N35E 220 poles to James Turner’s corner red oak thence along a line of marked trees to a corner pine on the sd. line then along that line to a corner then along the same line to the first station… formerly belonged to William Edwards… sold…to the said James Dancy… Signed: Solomon (x) Hays, Thos. (x) Hays Witness: Thomas Hart, Elias Hilliard.  Proved December Ct. 1779.  [Northampton County Deed Book 7, page 11]

This is the land that Thomas Hays had given to Solomon Hays the previous year — Sampson Hays now owns the entiere 350-acre tract. The price reflects rampant inflation in North Carolina proclamation money during the Revolution.

15 Oct 1779
Deed: William Lane to Solomon Hays, for £1,850, 200 acres… [metes and bounds only] …hickory on the side of Stoney Hill pocason thence along through the pocason to the first station..  Signed: William Lane.  Witness: William Far (sic), Elias Hays.  Proved December Ct. 1779. [Northampton County Deed Book 7, page 12]

6 Dec 1779
Deed: Sampson Hays to Thomas Hays, for £500, 80 acres beginning at a corner line and running down the Great Branch to the road and from there along a line of marked trees to the old line…  Signed: Sampson Hays.  Witness: Thomas Lowe (Love?), John Ward.  Proved December Ct. 1779.  [Northampton County Deed Book 7, page 3]

Thomas Hays is apparently buying back almost half the land he had gifted to his son Solomon Hays (which Solomon Hays had sold to his brother Sampson Hays.)

6 March 1780
Deed: Sampson Hays to Solomon Hays, for £2,000, 350 acres… (description is the same land that Thomas Hays bought from James Dancy in 1774.) Signed: Sampson Hays.  Witness: John Branch, Thomas Underwood.  Proved March Ct. 1780.  [Northampton County Deed Book 7, page 37]

6 March 1780
Deed: Solomon Hays to Sampson Hays , for or £2,000, 200 acres… (same description as land bought from William Lane in 1779)  Signed: Solomon (x)  Hays.  Witness: John Branch, Thomas Underwood.  Proved March Ct. 1780.  [Northampton County Deed Book 7, page 38]

Jan 1780
Tax List: Northampton County: (Valuation of taxable property value only)
Page 4
John Hayes £9400
Solomon Hayes  £2371
Elias Hayes   £630
Page 5
Wm Hays £88
Sampson Hays £1144
Page 6
Mary Hays £1643 (Widow of Arthur Hays)
ditto for orphans  £1411
Page 7
Tho. Hays £720
Page 34
Sam’l Hays £3588
John Hays £1025
Samuel Hays Junr. £899

The last three Hays on this list are treated in the separate file, as they belong to a different branch of the family.

9 Oct 1782
Deed:  Bryan Winborn to John Hays, for £100, 100 acres on the north side of Potti Casy [Potecasi] Swamp beginning at a turkey oak in Jesse Underwood’s line… Isham John Line…Henry Wheeler’s line.. John Wheeler’s line…  Signed: Bryan Winborn. Witness: Daniel Jackson, Solomon (x) Hays.  Proved March Ct. 1783.  [Northampton County Deed Book 7, page 140]

29 Oct 1782
NC State Grant: Elias Hays, 640 acres beginning at Hill’s corner persimmon tree… lines of Thomas Hays, Newit Harris, James Parker, James Turner, James Winborne [no watercourse or other landmark mentioned] Entered 26 February 1799.  [NC State Grant Book 48, page 263 and recorded in Northampton County Deed Book 7, page 142]

29 Oct 1782
NC State Grant: Solomon Hays, 340 acres beginning at his own corner hickory… his own corner pine at the old road… along Pottacasi Swamp… lines of John Hays, James Millikin, William Layne, James Turner.  Entered 26 February 1799.  [NC State Grant Book 48, page 269 and recorded in Northampton County Deed Book 7, page 163]

29 Oct 1782
NC State Grant: Thomas Hays, 125 acres… beginning at James Winborne’s corner white oak… James Grant’s corner white oak… Richard Grant’s line… persimmon tree in the great pocason…  Entered 20 October 1779.  [Northampton County Deed Book 7, page 164]

1 Dec 1782
Deed: John Hays to Charles Rhodes, for £90, 120 acres beginning at a corner white oak and running down the old line to a corner white oak… line of marked trees to a red oak (poor description of tract) Signed: John (x) Hays, Rachel (x) Hays.  Witness: Daniel Jackson, John Cureton.  [Northampton County Deed Book 7, page 142]

10 May 1783
Will:  John Hays.  I lend my land & plantation to my loving wife Rachel Hays during her natural life, also four cows & three yearlings & one horse and my house hold furniture and after her death I give the whole to my daughter Elizabeth Hays.  Nominate my loving wife & my brother Solomon Hays executors.  Signed: John (x) Hays.  Witness: James Millikan, Sampson Hays. Proved December Ct. 1783.  Solomon Hays and Rachel Hays qualified as executor and executrix. [Northampton County Will Book 1, page 283.]

30 Aug 1783
Deed: Elias Hays to Newit Harris, for £10, 320 acres (half the 640-acre grant of 29 October 1782) Signed: Elias Hays.  Witness: James Sikes, Thomas (x) Vaughn. [Northampton County Deed Book 7, page 195]

30 Aug 1783
Deed: Elias Hays to Thomas Vaughn, for £20, 150 acres (part of the 640-acre grant of 29 October 1782).  Signed: Elias Hays.  Witness: James Sikes, Newit (x) Harris. [Northampton County Deed Book 7, page 196]

1 Nov 1783
Will: Richard Allen…  “I give & bequeath to my daughter Mourning Hayes the labor of my negro girl called Phillis during her natural life and after her death I give the same to be divided between my granddaughter Sally Allen and my grandson Allen Hayes…  I also give to my daughter Mourning Hayes one feather bed & furniture, also one linen wheel, also one woolen wheel, one iron pot, two dishes, three plates, also one framed table likewise two cows & calves…  Proved March Ct. 1784. [Northampton County Will Book 1, page 455.]

Allen Hayes, perhaps the same person, later shows up in Kentucky in 1810 and 1820 censuses.

24 Dec 1783
Estate Sale:  Estate of John Hays, dec’d.  Totaling £77:19s:5d.  Purchasers included Rachel Hays (the widow), Solomon Hays, Samuel Hays, Jesse Underwood, Arthur Griffin, Jesse Gay.  Recorded March Ct. 1784.  [Northampton County Record of Estates, Sales and Inventories 1781-1792, page 49.]

13 Jan 1784
Deed: John Godwin to Sampson Hays, for £200, 150 acres that George Godwin gave to his son John Godwin… red oak in Bridger’s line… down the road.. Fogeson’s line… Signed: John Godwin.  Witness: Solomon (x) Hays, John Branch, Jennsy Howell.  Proved March Ct. 1784. [Northampton County Deed Book 7, page 213]

23 May 1784
Deed: Solomon Hayes to Sampson Hayes, for £25, 125 acres beginning at his own corner hickory… Sampson Hayes corner pine then to the old road West 60 (sic) thence along the road… (part of the 1782 grant to Solomon Hayes)  Signed: Solomon (x) Hayes. Witness: James Millikin, James Parker.  Proved June Ct. 1784.  [Northampton County Deed Book 7, page 248]

1 July 1784
Deed: Thomas Hays to Thomas Boon, for £5, 125 acres… beginning at James Winborne’s corner… James Grant’s corner… Richard Grant’s line…(same description as the 1782 grant to Thomas Hays)  Signed: Thomas (x) Hays.  Witness: Nicholas Boon, James Boon. Proved September Ct. 1784.  [Northampton County Deed Book 7, page 254]

6 Sept 1784
Deed: Sampson Hays and Mary his wife to Henry Seton [Suten?] , for £200, 200 acres (same description as the land he bought from his brother in 1780.)  Signed: Sampson Hays, Mary Hays.  Witness: Josiah Goodwin , Jonathan Godwin, Wm. (x) Hicklin.  Proved March Ct. 1785. (Clerk did not note whether sellers signed by mark) [Northampton County Deed Book 7, page 309]

14 Dec 1784
Deed: Rachel Hays to Solomon Hays, for £50, 100 acres on the north side Potticasy Swamp beginning at a turkey oak in Jesse Underwood’s line… Signed: Rachel (x) Underwood (sic !).  Witness: James Millikin, Jesse Underwood. [Northampton County Deed Book 7, page 234]

The signature is surely a transcription error by the clerk w hen he copied the deed into the deed book.  Rachel Hays was widowed just a year earlier.  Even if she had remarried to an Underwood, she would have to have been more or less immediately widowed again in order to legally execute a deed as a feme sole.

25 Dec 1784
Deed:  Garrott Seat to Sampson Hayes, for £61, 61 acres lying on the main road that leads up and down the river beginning in the swamp… Signed: Garrot (x) Seat, Anne (x) Seat.  Witness: John Godwin, Thomas Young.  Proved June Ct. 1785. [Northampton County Deed Book 7, page 330]

5 March 1785
Deed: Solomon Hays to William Burk, for £25, 100 acres… beginning at a white oak in the run of the Great Branch…. Sampson Hays line… James Millikin’s line to the road called Sikes Road… Jackson’s line up the Great Branch.  Signed:  Solomon (x) Hayes, Rebeckah (x) Hayes.  Witness: James Milliken, James Sikes. Proved March Ct. 1785.  [Northampton County Deed Book 7, page 316]

7 March 1785
Deed: John Wheeler to Solomon Hayes, for £14, 15 acres… beginning at a post oak in John Hays line.. said Wheeler’s line… to a turkey oak the west side of the road… John Hays line of marked trees… being part of a tract John Wheeler bought of John Davis.  Signed John (x) Wheeler.  Witness: William Burke, Richard (x) Allen. March Ct. 1785.  [Northampton County Deed Book 7, page 317]

1786 State Census
[white males 21-60; white males <21 and >60; white females; blacks 21-60; blacks <12 and >60]
Capt. Winborne’s District:
Elias Hays  1 2 3 – –
John Hays  1 2 4 – –
Sampson Hays   2 3 2 – –
Capt. Sikes’ District:
Solomon Hays  1 2 4 2 –
Capt. Bennett’s District: [consecutive names — see the other file]
Samuel Hayes  – 1 1 3 3
Elisabeth Hayes  – 2 1 – –
Sarah Hayes  – 2 2 2 1

Mar 1786
Account Current: Estate of Arthur Hays, dec’d by Mary Hays, administratrix.  Payments begin October 1780, a large number of accounts due and notes paid, including £150 to William Love, £24 to Jethro Bass,  £25 to John Godrick, £16 to John Hays, £60 to John Hilliard, £666 to Thomas Pate, executor of Samuel Pate dec’d.  15 shillings were paid to the estate of Martha Boddie and £15 to “John Knox, guardian of M. Boddie”.  Total debts paid of £2352:5s:8d against sales totaling £2,674:14s  Leaving a balance from which was “paid the widow dividend £106:16:1” and “paid the widow half of the dividend of Jesse Hays deceased £53:8:½”.  £160:4s:1½d was retained to pay debts.  Recorded March Ct. 1786. [Northampton County Records of Estates, Sales and Inventories 1781-1792, page 110.]

The son Jesse Hays was dead by this time and half his legacy was paid to his mother. There is no record of the inventory of the estate sale — those records for Northampton County are missing prior to 1781 and th einventory and sale would have ocurred in late 1780. 

25 Jan 1787
Deed: Richard Bailey & wife Lizza to William Hargrove of Sussex County, Virginia, for £97:16s, 326 acres north side Lightwood Swamp in Sussex County.  Witness: Sampson Hays, Meg Hays, James McLemore. [Sussex County, Virginia Deed Book G, page 32.]

This must be the same Sampson Hays but who is Meg Hays?  Sampson Hays’ will gives his wife’s name as Mary.

4 July 1787
Deed: Richard Allen & Solomon Hayse (sic) to John Wheeler, for £250, 114 acres on the north side of Pottecasy [Potecasi] Swamp beginning at a turkey oak in Jesse Underwood’s line… Signed: Richard (x) Allen, Elizabeth (x) Allen, Solomon (x) Hays, Rebeckah (x) Hays.  Witness: James Millikin, Wm. Burk, William Exum. Proved December Ct. 1787. [Northampton County Deed Book 8, page 54]

This appears to include the 100 acres that Solomon Hays bought from Rachel Hays. It isn’t clear why they are making a joint sale rather than separate deeds.

3 Sept 1787
Deed: Solomon Hays to Richard Allen, for £200, 160 acres beginning at a bead oak in James Turner’s line then along Turner’s line to the head of a bottom near Thomas Hays plantation… down the bottom to the Great Branch… Turner’s line… William Winborne’s line… a corner pine in the line formerly a dividing line made by Thomas Hays between Solomon Hays & Sampson Hays by a deed of gift… Signed: Sol. (x) Hays, Rebeckah (x) Hays.  Witness: James Millikin, John (x) Wheeler. [Northampton County Deed Book 8, page 89.]

1 Dec 1788
Guardian Bond: James Winborne guardian of “the orphans of William Hays” (who were not named). Security: Dempsy Taylor.  [Paper included in Loose Estate Records file labelled “Hays, William 1788”]

17 March 1789
Will: Sampson Hayes.  …I lend unto my loving wife Mary Hayes one third part of both my plantations joining the road which third is to be laid off joining the dwelling house wherein she is to live. Also I lend her my negro man named Simon during her widowhood & my negro woman named rachel during her natural life, likewise I give her a bed & furniture…unto my daughter Temperance Hayes 100 acres of the lower end of my land joining Mrs. Bedingfield’s land, also Simon after the marriage or decease of her mother… unto my daughter Penelope Hayes the remainder of my lands lying on the road also my negro man named David… I will & desire that the piney woods land joining Jonakin &  Brewer etc. be sold… after my debts are discharged the remaining money is to be equally divided between my wife & children.  After the decease of my wife my negro woman Rachel & her increase is to be equally divided beetween my two daughters Penelope & Temperance.  Appoint Samuel Pace, John Branch, and Samuel Bell executors.  Signed: Sampson Hayes.  Witness: Samuel Bell, John Bridgers.  Proved at June Ct. 1789.  [Northampton County Will Book 1 (Wills 1741-1767), page 385.]

28 March 1789
Estate Accounting: Account of sales of estate of William Hays dec’d. Only two items: one negro man named Adam to James Warr for £130:5s and one negro woman named Bett and child Jesse to James Bell for £121:1s.  Recorded June Ct. 1789 by deputy sheriff John Lockhart.  [Northampton County Record of Estates, Sales and Inventories 1781-1792, page 205.]

2 June 1789
Administration Bond:  Mary Hays £1300 bond to administer estate of Sampson Hays.  Securities: Solomon (x) Hays, Bryan (x) Winborne [Northampton County Loose Estate Records, file marked “Hays, Sampson 1796”]

The three executors named in the will evidently unable to serve or refused to serve.  Mary Hays is being appointed “administratrix with the will annexed”.   Unlike the two witnesses, she actually signed her name.

3 Sept 1789
Estate Sale: Estate of Sampson Hays by sheriff.  Sale yielded £184:10, buyers included Mary Hays, Solomon Hays, John Hays, John Branch, Elisha Howell, Nathaniel Valentine, John Allen… Recorded September Ct. 1789 by sheriff.  [Northampton County Record of Estates, Sales and Inventories 1781-1792, page 238.]

3 March 1790
Administration Bond:  John Garris, administration of estate of Thomas Hays, bond for £100.  Security: Solomon (x) Hays.  This small file contains a subpoena to John Winborne in 1792 to answer a suit for £30 and a disputed judgment of £10 in a 1793 suit brought by Morning Chase.  No details of either suit were included.  [Northampton County Loose Estate Records, file marked “Hays, Thomas 1790”]

He may have  been a young man who died intestate. £100 is a small bond, indicating a small estate. See below. Mourning Chase, a daughter of Richard Allen, is apparently the widow who had remarried to a Chase by 1793.

Dec 1789
Guardian Bond:  Mary Hays, guardian of Penelope Hays and Temperance Hays, £200 each.  Securities: Bryan Winborne, William (x) Boon  [The bond was not included in the file, but the back cover with clerk’s notes was.]

25 March 1790
Estate Sale, estate of Thomas Hays by John Garris, administrator.  Sales totalled £42:8s:3d half of which was a horse and a few pigs.  Buyers included Mourning Hays, Richard Allen (apparently her father), John Winborne, David Winborne, John Hays, Solomon Hays, and Sampson Hays.  Recorded at June Ct. 1790.  A very modest inventory of household goods was recorded at the same court. [Northampton County Record of Estates, Sales and Inventories 1781-1792, page 316 and 317.]

1790 Census: Northampton County
John Hays 3 0 0 0 0 page 841
Solomon Hays 1 4 3 0 6 page 842
Elijah Hays 1 0 1 0 0
Elias Hays 1 3 5 0 0
Samuel Hays 1 0 1 0 0 page 853
Elijah Hays 1 3 0 0 0 page 856

21 Feb 1791
Deed: Morning Hayes to Solomon Hayes, for £500, 80 acres beginning at a corner pine & running down the Great Branch to the road and thence along a line of marked trees to one line to a pine and down the old line to the first station.   Signed: Morning (x) Hayes.  Witness: Frederick Jones, Charlotte (x) Hayes, Martha (x) Hayes. [Northampton County Deed Book 8, page 349.]

This is the same tract that Thomas Hays bought in 1779.  Thomas Hays must not have had children, for he died intestate and the land would not have fallen to his widow if there were children.

16 Dec 1791
Deed: Richard Allen to Solomon Hays, for £80, 160 acres more or less “beginning at a read oak in James Turner’s line then along Turner’s line to the head of a bottom near Thomas Hayes plantation… down the great branch to Turner’s old line… William Winborne’s corne white oak then along his line… to a dividing line made by Thomas Hayes between Solomon Hayes & Sampson Hayes by a deed of gift… formerly belonging to William Bennett taken and sold by execution… to James Dancy…”  Signed: Richard (x) Allen.  Witness: James Exum, Dempsey Taylor. Proved June Ct. 1792.  [Northampton County Deed Book 9, page 172.]

3 Dec 1793
Guardian Bonds: Mary Winborne, guardian of Penelope Hays and Temperence Hays.  Securities: Wm. Grant, John Boon.

Her second husband, Brian Winborne, is dead by now and Mary is again a widow.

12 May 1794
Commission on the premises of which Samson Hays died seized to set off for Mary Winbourne widow of Bryan Winborne late widow of Sampson Hays dec’d her right of dower in the land of sd. Hays…” 73 acres…Willis Bridgers corner… by the rode… [Northampton County Loose Estate Records, Sampson Hays file]

Brian Winborne who married Mary, widow of Sampson Hays, died in 1794.  Brian Winborne was administrator of Sampson Hays, replacing Mary when he married her.

Undated
Undated Will: John Hays.  “First I lend the use of my plantation to my wife Sarah Hayes during her natural life. Second I lend unto Harris Allen and his wife Sarah Allen (my daughter) for their lives after the decease of my wife. Thirdly I give and device unto my grand son Jackey Allen my plantation (Minwise??) the whole of my land after the death of his parents to him and his heirs forever. Fourthly I give unto Mariah Hayes one feather bed and furniture. Fifthly I give unto my daughter Sarah Allen my desk a walnut table and three large pewter dishes. Sixthly I give unto Elijah Hayes a cow and calf. Seventhly I give unto John Hayes a cow and calf and a colt. Eighthly I give unto my grand daughter Sarah Hayes a feather bed and furniture. Ninethly I give and bequeath unto my wife Sarah Hayes all the remaining part of my estate excepting my still…”  Names son-in-law Harris Allen executor.  Signed: John (x) Hayes. Witness: Samuel Bell, Samuel Parker, John (x) Hayes Jr. Proved March Ct. 1795.

This is undated, but must have been 1792 or after, as Jackey Allen is said by descendants to have been born about then.  Harris Allen

3 March 1795
Administration Bond: Sarah (x) Hays £300 bond for administration of estate of John Hays. Securities: William Winborne, James Winborne. [Northampton County Loose Estate Records, “Hays, John & Sarah 1804” folder]

Sarah used a signature mark like a cursive uppercase “S”.  This is surely the John Hayes who left a will proved at the March 1795 court. The will named Harris Allen executor, but he must have refused to serve so the widow Sarah Hayes was appointed administratrix.  £300 represents a small estate, perhaps explaining why no inventory or sale seems to have been recorded in the sale and inventory record books. Harris Allen may have been in the process of moving to Georgia.

18 Apr 1795
Will: Sarah Hays. Item… to my daughter (Merrier?) Hays, two pewter dishes, two basons and three plates, two cows and calves, one hunting saddle, four head of sheep, six head of hogs, one iron pot, small frying pan, one case of bottles, one pair of small (stylards?), one coffee pot. Item… to my granddaughter Fanny Hays one young cow. Also to my grandson John Hays and my granddaughter Fanney Hays one pewter dish, three baysons and four plates, one feather bed and furniture, one pine chest to be equally divided between John Hays and Fanny Hays. Item… to granddaughter Fanney Hays two sheep and four hogs, one pair of flat irons and one loom… to grandson John Hays six hogs and two sheep, also one still kettle cap and worm. Item… to my granddaughter Salley Evins one horse and saddle and bridle, six head of hogs, two sheep, and iron pot rack. Item… to my granddaughter Mary Hays one young cow. The rest of the estate to be divided equally between Mezzier(?) Hays, Fanny Hays, John Hays, and Sally Evins. Appoint William Winbourne and James Winbourne executors. Signed: Sarah (x) Hayes. Witness: Jesse Winbourne, Penny (x) Flanner(?) Proved June Court 1795. [Northampton Will Book 2, page 76]

It seems pretty clear that this is the widow of John Hayes who died a a few weeks earlier.  Perhaps she was correcting omissions of or updates to his will? The name of the first-mentioned daughter is difficult to make out — she was probably the same daughter called “Mariah” in the will of John Hayes.  Has the daughter named Sarah Hayes in the earlier will now become Sarah Evins?

15 Dec 1796
Estate Sale:

12 Dec 1795
Deed: Kinchen Hayes to Samuel Parker, for £50, 100 acres “being part of a tract of William Bennetts granted originally to the sd. Kinchen Hayes so. side Yourah Swamp & on the no. side of Roanoke” adjacent William Bennett.  Signed: Kinchen Hayes. Witness: John Sherrod, Thos. King, Henry Wilborne.  Recorded June Ct. 1796. [Northampton County Deed Book 10, page 246.]

March 1796
Petition of William Winborne, abstracted: Sampson Hayes died testate, his widow Mary Hayes was appointed administratrix and guardian of the children of Said Sampson.  Brian Winborne married the said mary Hayes and became the acting person. Brian WInborne died intestate and your petitioner was appointed administrator. In June 1795 he submitted an accounting of Brian Winborne’s estate comingled with that of Sampson Hayes, with a commission appointed to audit the account.  Now requests a new audit. [Northampton County Loose Estate Records, file “Hays, Sampson 1796”]

3 March 1796
Petition of Mary Winborne… “she is the widow of Sampson Hays dec’d” who died “possessed of two tracts of land adjoining the road”, now requests that her third of the land be laid off.  [Northampton County Loose Estate Records, file “Hays, Sampson 1796”]

4 June 1797
Deed: Solomon Hays to James Boon, for £9, 25 acres “beginning at a corner pine in Winborne’s line thence running west to Hays orchard line…  Signed: Solomon (x) Hays.  Witness: Henry Boone, Jordan (x) Boone. Proved March Ct. 1798.  [Northampton County Deed Book 10, page 354.]

25 Oct 1799
Deed: Richard Grant to Solomon Hays, for £44, 44 acres “beginning at Mandew Goodson’s corner gum on the south side of Quarter Swamp… corner red oak over the old road…” Signed: Richard (x) Grant. Witness: Wm. Winborne, Peter Hays.  Proved March Ct. 1801.  [Northampton County Deed Book 10, page 521.]

ca1800
Undated Petition:  Willie Hayes and Winifred his wife vs. Dr. Isaac Parker, executor of James Warr.  Winifred is “one of the daughters of William Hays dec’d who died intestate possessed of a considerable personal estate.”  James Warr was her guardian and died while possessed of her inherited estate. Hayes askes that Parker deliver the estate to his wife.  Isaac Parker responded that he delived the property to Winifred Hays, who was then sole (unmarried), on 5 June 1799. [Papers included in Loose Estate Records file labelled “Hays, William 1788”]

1800 Census
Northampton County, page 350: (census is roughly alphabetical)
Solomon Hays  2 2 1 1 0 — 1 0 2 1 0 — 8
(6 names intervene)
Elias Hays  1 1 1 0 1 — 0 1 1 1 1
Kinchen Hays  0 0 0 1 0 — 0 0 1 0 0 — 90?
(7 names intervene)
Willie Hays  0 0 1 0 0 — 0 0 1 0 0 — 2

15 Feb 1800
Deed:  Solomon Hayes to Peter Hayes, for £100 state money, 150 acres “beginning at a red oak in Turner’s line thence along turner’s line to the head of a bottom near Thos. Hayes plantation… to the great branch thence down the great branch to Turner’s line… James Winborne’s corner… thence along sd. Winborne’s line… James Boon’s corner willow oak… formerly belonging to Wm. Edwards taken & sold by execution.. and sold to James Dancy… Signed: Solomon (x) Hays. Witness: Wm. Tarver, Elias Winborne, Betsy (x) Hays. Proved March Ct. 1800.  [Northampton County Deed Book 10, page 460.]

19 Dec 1800
Last Will & Testament:  Solomon Hays.  …I lend to my loving wife Rebecca Hays my plantation whereon I now live, also two negroes vizt. Hall & Lucy during her natural life or widowhood… to my son Peter Hays twenty shillings… to my daughter Elizabeth Hays one negro boy vizt. Luke… to my daughter Silvia Hays one negro girl vizt. Easter… to my daughters Lucy Hays and Sally Hays two negro girls vizt. Dinah & Feriby to be equally divided between them (with reversion to “all my sons” if one of the daughters should die)… to my son Jordan Hays all the land I possess on the north side of the great branch and one negro boy vizt. Isham… to my son Benjamin Hays one negro boy vizt. Peter… to my son Robert Hays one negro woman vizt. Ann… to my son Ethelred Hays the plantation whereon I now live also two negros vizt. Hall & Lucy after the decease or widowhood of my wife Rebecca Hays.  Remainder of estate to wife Rebecca Hays after all debts paid.   Appoint “my friend John Nicholas to be executor and my wife Rebecca Hays to be executrix.”  Signed: Solomon (x) Hays.  Witness: D. Taylor, John Winbourne.  Proved June Court 1801 on oath of Dempsey Taylor and Rebecca Hays qualified as executrix.  [Northampton County Will book 2, page 217]

Within a few years most the family was in Madison County, Kentucky.

Dec 1800
Account Current: Estate of Sarah Hayes by William Winborne & James Winborne.  A single page with no dates; items included 5 shillings for a copy of John Hayes’ will,  tax on a still, and other small items totaling only £11. [Northampton County Loose Estate Records, file labeled “Hays, Sarah 1800”]

It seems likely or at least possible that William and James were her brothers.

7 Sep 1801
Deed: Peter Hays to Darling H. Drewry, for $330, 165 acres [decsription matches deed of 15 Feb 1800].  Signed: Peter Hays. Witness: James Parker, Isaac Sullivan.  Proved September Ct. 1801. [Northampton County Deed Book 10, page 545.]

It isn’t clear why there were 15 added acres.  It was 160 acres when Richard Allen sold it to Sampson Hays, then 150 when Sampson Hays sold it to Peter Hayes, and now 165 acres.

Dec 1801
Petition: Rebecca Hays dissents from the will of Solomon Hays.  Her husband died possessed of a plantation called Stoney Hill, she requests that the land be partitioned to provide her with her dower land.  She furthr states that “Solomon left the following children, viz. Lucy Hays, Jordan Hays, Benjamin Hays, Sarah Hays, and Ethelred Hays all infants under the age of twenty one years.”  [Northampton County Loose Estate Records, folder labelled “Hays, Solomon 1801”]

Widows often dissented when the will made some provision that was not as generous as the minimum proscribed by law.  North Carolina had recently changed the inheritance law to give widows outright ownership of a portion of their deceased husband’s land.  Solomon’s will only gave her a temporary interest that would disappear when she remarried.

Dec 1801
Petition to lay off Dower:  By Rebecca Hays, who states that her husband Solomon Hays “was at the time of his death seized of a tract of land containing about [blank] acres lying in said county and called Stony Hill… said Solomon left the following children viz. Lucy Hays, Jordan Hays, Benjamin Hays, Sarah Hays, Ethelred Hays all infants under the age of twenty one.” [Northampton County Loose Estate Records, folder labelled “Hays, Solomon 1801”]

4 Jan 1802
Estate Sale: Solomon Hays estate by Rebecca Hays.  Items included one cow & calf to Arthur Hays, a horse to Elias Hays, one lot of tools, two flukes, and half shear to Willie Hays. [Northampton County Loose Estate Records, folder labelled “Hays, Solomon 1801”]

The record book of Estate Sales and Inventories for 1801-1806 no longer exists in Northampton County, but both the inventory and the account of the sale are included in this file. Also included is an invoice account for spirits dated 1797 through 1799.

4 Jan 1802
Deed: Rebecca Hays executrix of Solomon Hays dec’d to Mandew Goodson, for “13 pounds & the penny Virginia currency”, sells “agreeable to the tenor of the sd. Solomon’s last will & testament” 44 acres beginning at Mandew Goodson’s corner gum on the south side of Quarter Swamp… [same land bought in 1799] Signed: Rebecca (x) Hays. Witness: John Wade, Henry Boon. Proved September Ct. 1802.  [Northampton County Deed Book 12, page 101.]

14 Jan 1802
Inventory of Solomon Hays dated this date but delivered to court December 1802 by “James Parks executor by wife”   [Northampton County Loose Estate Records, folder labelled “Hays, Solomon 1801”]

14 Jan 1802
Dower land comprising 78 acres, and including the mansion house, was set off for Rebeckah Parks formerly Rebeckah Hays widow and relict of Solomon Hays by commission formed for the purpose.  [Northampton County Loose Estate Records, folder labelled “Hays, Solomon 1801”]

28 Oct 1802
Deed: Elias Hays to James Boon, for £150 Virginia, 169 acres “beginning at the great branch where it crosses the road… to James Park’s line… Thomas Vaughn’s line… Darling Drury’s line… Signed: Elias (x) Hays. Witness: John Winborne, Dempsy Winborne. Proved December Ct. 1802. [Northampton County Deed Book 12, page 115.]

1803
Undated Petition: Willie Hayes and his wife Winifred, she being “one of the daughters of WIlliam Hayes who died intestate possessed of a considerable estate one seventh part of which belongs to your petitioner.”  James Warr became guardian of WInifred, and he died possessed of her inherited estate.  Now the ask the court to require Doctor Isaac Parker, executor of James Warr, to hand over her property.
Reply of Isaac Parker:  On 5 June 1799 he delivered her inheritance to Winifred, who was then sole (unmarried). She had an agreement with Millicent Warr and should look to her for satisfaction.  Returned to court 3 December 1803. [Northampton County Loose Estate Records, file of “William Hays 1788”]

3 &5 Dec 1803
Guardian Bond:  John Nicholas, guardian of Benjamin Hays, orphan of Solomon Hays.  Securities: John Thompson, Rhody Barkley [inside Northampton County Loose Estate Records, folder labelled “Hays, Solomon 1801”]

Guardian Bond: John Nicholas, guardian of Jordan Hays, orphan of Solomon Hays.  Securities: John Thompson, Rhody Barkley [Northampton County Loose Guardian Records, folder labelled “Hays, Jordan 1803”]

Guardian Bond: John Nicholas, guardian of Ethelred J. Hays, orphan of Solomon Hays.  Securities: John Thompson, Rhody Barkley [Northampton County Loose Guardian Records, folder labelled “Hays, Ethelred J. 1803”]

Guardian Bond: John Nicholas, guardian of Robert Hays, orphan of Solomon Hays.  Securities: John Thompson, Rhody Barkley [Northampton County Loose Guardian Records, folder labelled “Hays, Robert 1803”]

June 1804
Court Order: James Parks ordered to sell two slaves named Dina and Fereby in order to divide the proceeds between the legatees.  Both were sold to Peterson Parks for £96 on 25 August 1804.  [Northampton County Loose Estate Records, folder labelled “Hays, Solomon 1801”]

4 Sep 1804
Guardian Bond: John Nicholas, guardian of Sally Hays, orphan of Solomon Hays. Security: William Bridges(?) [inside Northampton County Loose Estate Records, folder labelled “Hays, Solomon 1801”]

John Nicholas had recently served a term as County Sheriff.  

25 Oct 1804
Deed: James Boon to Willie Hays, for £18:15s Virginia, 25 acres “beginning at a corner pine in [James] Winborne’s line and thence running west Hays out line north to the head of a branch…” Signed: James (x) Boon. Witness: James Vaughn, Elias Winborne. Proved December Ct. 1804. [Northampton County Deed Book 13, page 8.]

3 June 1805
Summons to James Park and Rebecca his wife to answer complaint by John Nicholas, guardian of Robert Hays, Ethelred J. Hays. [Northampton County Loose Estate Records, folder labelled “Hays, Solomon 1801”]

2 Dec 1805
Petition: Silva Hays, widow of Kinchen Hays… “her late husband departed this life sometime in the month of November… left two children and your petitioner is without ready means of maintenance & support…” now requests that the court appoint a commission to appraise the estate and appropriate “to your petitioner & her two children” a year’s provisions. [Northampton County Loose Estate Records, file labeled “Hays, Kinchen 1805”]

2 Dec 1805
Administration Bond: Richard Whitacker, administration of estate of Kinchen Hays, £500 Securities: Hardimon Abington,  Charles Harrison. [Ibid.]

3 Dec 1805
Suits:  John Nicholas, guardian of Ethelred Jordan Hayes, vs. James Parker and wife and John Nicholas, guardian of Robert Hayes, vs. James Parks and wife.  Both cases revolved around whether James and Rebecca Parks kept slaves for their own use for the year after their marriage without compensating the orphan’s estates.  [Solomon Hays’ will lent the slaves to Rebecca only during her widowhood, after which they became property of the children.]  John Nicholas was successful, and collected amounts equal to a year’s hire of the slaves.    James (x) Boon, Peterson (x) Parker, James (x) Lassiter and Willy (x) Hayes were deposed in the case.

Their depositions included genealogically valuable statements like: “Solomon Hayes departed this life March 7th 1801.  The widow supported Ethelred Hayes until she married to James Parker which was Jany 15th 1802…”  These dates were repeated in multiple depositions.  Robert Hays lived with James Parks until late 1802 when he went to live with John Harris.  [Northampton County Loose Estate Records, Folder labelled “Hays, Solomon 1801”]

These suits and the information they contain raise the question of whether Rebecca was the mother of Solomon Hays’ children.   The youngest children did not live with her, and she seems to have been looking out for her own interests rather than theirs. 

21 Dec 1805
Deed:  Willie Hays to Thomas Gay, for $55, 25 acres “beginning at a corner pine in [James] Winborne’s line…” [same land as he bought in 25 Oct 1804]  Signed: Willie (x) Hays. Witness: James Vaughn, James Vaughn Jr.  Proved March Ct. 1806.  [Northampton County Deed Book 13, page 147.]

16 Jan 1806
Inventory: Estate of Kinchen Hays by Richard Whitaker, administrator.  A modest estate of one horse, 10 geese, two bee hives, two feather beds, a variety of household and farming goods. Estate Sale on 26 January 1806 yielded only $259.59.  Buyers were Silvia Hayes, Samuel Parker, William Winborne, Richard Whitaker and others.  [Northampton County Loose Estate Records, file labeled “Hays, Kinchen 1805”]

June 1806
Account Current recorded: “Heirs of John & Sarah Hayes dec’d (Harris Allen & John Allen his son) in account with WIlliam Winborne Senr. Executor”.  Account shows an item of 20 September 1800 that $2 given to Harris Allen by Sarah Hayes and housedold goods given by John Hayes to Harris Allen were sold “by virtue of an attachment that Elijah Hays obtained against said Allen”.  Also shows annual rental received and taxes paid on land inherited by Jackey Allen for the years 1801-1804. [Northampton County Loose Estate Files, folder labeled “Hays, John & Sarah 1804”]

21 Aug 1806
Deed:  Jordan Hays to Willie Hays, for $55,  “all his right & title of all that parcel or tract of land that Thomas Hays died seized & possessed of agreeable to the last will & testament of Soloon Hays dec’d containing by estimation eighty acres… north side of the great branch & on the south side of the road that leads from the Court House to Sheffield’s bridge bounded by James Boon’s, Vaughn’s and the various courses of Turner’s old line…”  Signed: Jordan Hays. Witness: H. Nicholas, Pressly Pritchard.   [Northampton County Deed Book 13, page 227.]

24 Nov 1806
NC State Grant:  Willie Hays, 52½ acres beginning at Darling Drury’s corner red oak in Turner’s line… adjacent Mandew Goodson… Entered 5 December 1805, Granted 24 November 1806. [Northampton County Deed Book 13, page 266.]

12 Dec 1807
Deed: Richard Allen to Willie Hays, for $18, 80 acres “a tract of land that Thomas Hays died seized & possessed of agreeable to the last will of Solomon Hays dec’d…” Signed: Richard (x) Allen. Witness: Allen Barkley, Rhodes Barkley.  Proved March Ct. 1808. [Northampton County Deed Book 13, page 423.]

18 Jan 1808
Mortgage:  Willie Hays indebted to Lawrence Smith in the sum of £62:13s:4d now for an additional 10s paid by Allen Deberry mortages to him two tracts, one of 50 acres and one of 55 acres, two beds &  furniture, one cow & calf, one single cow, one mare & colt, two sows & pigs, etc.  Signed: Willie (x) Hays. Witness: Howell Edmunds, John Howell.  Proved March Ct. 1808.  [Northampton County Deed Book 13, page 395.]

March 1810
Estate Accounting: Richard Whitaker’s account of estate of Kinchen Hays filed. Income of $1042 and expenses of $1042 for the period 1805 to 1809.  Income included a note of Peter Hays for $120 and the sales in 1807 and 1810 of negros Hester and Hal.  The widow apparently had married Henry Sauls by 1809 when he was reimbursed $156, presumably for the children’s board and education.

The two children, Jesse Hays and Cornelius Hays, were small children when their father died.  I did not find record of their guardians until 1814 when  Darius Parker posted bond as their guardian.  Josiah Parker was appointed guardian on 5 June 1815 (Darius Parker having died) and he filed annual accountings for 1816, 1817, 1818, and 1819.  He was summoned to give an accounting in 1821, though I did not see one recorded.

The widow married Henry Sauls.  The 21 July 1825 will of Cornelius Hayes (see below) leaves a slave named Willis to “my well beloved sister Dorothy Sauls daughter of Henry Sauls”

Darius and Josiah Parker were children of Samuel Parker, who had died intestate in 1811.  Samuel Parker’s estate records (specifically an 1813 division of land between the two sons and their mother) clearly state that Mary Parker was the mother of Darius and Josiah and that they were his only heirs.  She was surely Mary Hays, the widow of Arthur Hays, who must have remarried to Samuel Parker sometime after appearing on the 1780 tax list.  (The 1800 census for Samuel Parker lists both sons in the age 10-16 category.)  Josiah Parker, born perhaps late 1780s, moved to  Alabama sometime in the 1820s along with Jesse Hays.

1810 Census, Northampton County (roughly alphabetical)
Absalom Hays 2 0 1 1 0 – 0 0 1 0 0 – 5
(2 pages intervene)
Willie Hays 2 0 0 1 0 – 1 0 0 1 0 – 1

3 June 1811
Court ordered commission to set off one year’s provisions for Mary Parker, widow of Samuel Parker. Lemuel Parker bond posted for administration of estate of Samuel Parker.  in August the slaves of the estate were divided among Mary Parker, widow, and Josiah and Darius Parker. [Northampton County Loose Estate Records, folder of Samuel Parker.]

6 Feb 1812
Power of Attorney: Robert Hays of Madison County, Kentucky to “my trusty friend Benjamin Hays” [to conduct a variety of unspecified business]. Signed: Robert Hays.  Witness: Samuel D. Jones, Sterling Harris, Washington Bently. Proved September Ct. 1812. [Northampton County Deed Book 16, page 125.]

A Few Later Records

1808 Tax List Madison County, Kentucky
Elias Hays
Benjamin Hays
Jordan Hays
Peter Hays
Samuel Hays
Arthur Hays

20 May 1821
Deed: “Whereas Margaret Branham on the 7th day of May 1815 executed her bond to my deceased son Arthur Hays for the conveyance of 65 acres of land in Madison County and… never having conveyed to said Arthur Hays in his lifetime… and my said son Arthur Hays having recently deceased leaving me his heir at law and only legal representative…” now for love and affection conveys rights to land to “my daughter in law Patsey Hays widow and relict of said Arthur Hays”. Signed: Elias (x) Hays. Witness: Littleton Lancaster James Reid. [Madison County, Kentucky Deed Book O, page 419]

15 Sept 1822
Deed of Gift: Mary Parker, widow of Samuel Parker, of Northampton County, North Carolina to her “grandson”, Jesse Hays. [Reported by various descendants, Lauderdale County, Alabama Deed Book 5, page 477.]

She must have been the widow of Arthur Hays the elder, as Jesse was the son of Kinchen Hays and Silvia Bell.  Mary Parker was therefore the mother of Kinchen Hays by her first husband — and of Josiah Parker by her second husband.

21 July 1825
Will: Cornelius Hayes: “to my well beloved sister Dorothy Sauls, daughter of Henry Sauls all of my wright (sic) and title of negro boy WIllis”  Signed: Cornelius (x) Hayse (sc).  Wtness: Charlton Yellowly, William G. Yellowly. [Northampton County Will Book 3, page 352.]

This proves that Kinchen Hays’ widow remarried to Henry Sauls.  Charlton Yellowly was married to a daughter of Richard Whitaker.