Hayes Records in Northampton County, NC 1743-1800 (Group A)

Northampton records are divided into two files.  There were two apparently unrelated groups of persons named Hayes/Hays in Northampton County.  The records below apply to possible brothers Samuel Hayes and Joshua Hayes who arrived in Northampton County about 1744 and lived in the northern portion of the county.  For other Hayes records in Northampton County, see the companion file.

  • 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.

Persons were “of Northampton County” unless otherwise noted.

22 May 1743
Deed: Thomas Avent to Edward Crew, for £13, 200 acres beginning at a red oak a corner tree of Joseph Hop’s land…  [Northampton County Deed Book 1, page 109]

This entry, as abstracted, is often erroneously cited as referring to Joseph Hayes.  It is most helpful to read the original deed.

10 Jan 1743/4
Deed: James Joyner of Edgecombe County to Samuel Hayes of Northampton County, for £5, 50 acres part of a tract originally granted to Rebecca Braswell 1 March 1719… south side Meherrin River… old country line… east side of the road & so up the road to Thomas Boykin’s line… to the river & down the river to the old country line & down the line…. Signed: James Joyner  Wit: Nathan Williams, Francis Gregory, Nehemia Joyner. Recorded February Ct. 1743/4. [Northampton County Deed Book 1, page 104-5]

This land, and the larger original patent to Braswell, can be located fairly precisely in the extreme northeastern tip of modern-day Northampton County bordered by the state line and  the Meherrin River.  The “country line” refers to the border between Virginia and North Carolina.  The border was resurveyed in 1728, so the border line when the Braswell patent was granted in 1719 had been slightly altered by the time this deed was executed. Thomas Boykin gave his name to a bridge over the river and a road leading south from it that are prominent on an 1863 map of the area. That enables a reasonably precise placement of this land.

28 June 1746
Deed: Benjamin Williams of Isle of Wight County in Virginia to Joshua Hayes of Northampton County, for £28, 210 acres on south side Meherrin River… black gum by the side of the large pond in the new country line to a poplar on sd. line a corner of Samuel Hayes in the mouth of the Cowpen branch… a cross line from the old country line to the new country line… being part of two patents, 50 acres part of a patent to Rebecca Braswell dated 1 March 1719 and 160 acres part of a [583 acre] grant to Benjamin Williams dated 7 May 1742…  Signature not recorded. Witness: Nathan Williams, William Arrington.  August Ct. 1746.  [Northampton County Deed Book 1, page 264]

The land in this record was just on the state line with Southampton County, Virginia. Surely Joshua and Samuel Hayes were related, perhaps as brothers.

The only nearby citation for a Joshua Hayes that I could find is a birth record in Sussex County, Virginia which lay northeast of Northampton County (the border between Southampton County and Sussex county was roughly twenty miles east.)  However, that record gives his wife’s name as Mary and spells the surname as “Hay”.  See the Albemarle Parish register’s notation of the birth of Mary Hay, daughter of Joshuah (sic) and Mary Hay (sic) on 9 February 1740/1.  Whether this was the same person or not I can’t say, but I note that I could find no other mention of a Joshua Hay in the records of either Surry or Sussex Counties.  [See John Bennett Boddie, Births  Deaths and Sponsors 1717-1778 from the Albemarle Parish Register of Surry and Sussex Counties, Virginia (Genealogical Publishing Co., 1974), page 61.]  Sponsors were Joseph Lane, Sarah Lane, and John Phipps.

28 June 1746
Deed: Benjamin Williams of Isle of Wight County in Virginia to Samuel Hayes of Northampton County, for £1:17s:1d, 233 acres on south side Meherrin River… beginning at a white oak on the old country line thence along the said Virginia border to a beech on the said river thence up the river to a hickory in the old country [line] then along the old country line… being part of a [583 acre] grant to Benjamin Williams dated 7 May 1742…  Signature not recorded.  Witness: Nathan Williams. August Ct. 1746.  [Northampton County Deed Book 1, page 264-5]

The consideration is written twice in the deed, as “£1.17.1 current money of Virginia” (one pound, 17 shillings, one penny) which is an unusually small and precise amount. Was the land nearly worthless or is there some other explanation? 

The grant to Benjamin Williams, a land speculator, was entered when the land was still part of Bertie County.  He sold 233 acres to Samuel Hayes and 160 acres to Joshua Hayes on the same day.  The grant was described as being “between the subsisting & imaginary country line” and was bordered to the east and to the west by the Meherrin River. The river makes a loop up over the state line in northeastern Northampton County.  The “new”  line (after 1728) was about 1.75 miles across that loop.  The “old” line was a bit further south and about 2.3 miles across the loop.  [Recorded twice, Grant Book 5, p220 and Grant Book 10, p65.]

5 Aug 1746
Deed: Samuel Hayes to Margarette Brady of Isle of Wight County, for 10 shillings, 50 acres beginning at a beech in the country line on the riverbank… up the river to a black gum… along a line of marked trees… to a live oak in the country line & along sd line to the first station.  Proved by oath of John Pitman.  Signature not recorded.  [Northampton County Deed Book 1, page 265-6]

This was a portion of the westernmost part of the 233 acres that Samuel Hayes bought from Benjamin Williams barely more than a month earlier.  I have no idea who Margaret Brady might have been.  There is no deed record of her selling the land.  She may have subsequently married so that the sale of the land would be indexed under her new husband’s name.

7 Feb 1752
Deed: Samuel Hayes of Northampton to William Hicks of Surry County, Virginia, for £70, 173 acres being part of a tract granted to Benjamin Williams 7 May 1742 (most of the tract purchased from Benjamin Williams).  Signed: Samuel (his mark) Hayes.  Witness: Jno. Brittle, Henry Crafford. February Ct. 1752  [Northampton County Deed Book 2, page 56]

7 Feb 1752
Deed: Samuel Hayes of Northampton to William Hicks of Surry County, Virginia, for £10, 50 acres being part of a tract granted to Rebecca Braswell 1 March 1719.  Signed: Samuel (x) Hayes.  Witness: Henry Crafford, John Brittle.  February Ct. 1752  [Northampton County Deed Book 2, page 57]

23 Feb 1752
Deed: William Hicks of Surry County, Virginia to Samuel Hayes of Northampton County, for £70, 233 acres, 50 acres being part of a tract granted to Rebecca Braswell 1 March 1719 and 173 acres being part of a tract granted to Benjamin Williams 7 May 1742.    Signed: William Hicks.  Witness: John Brittle, Joshua (x) Hayes. August Ct. 1752 [Northampton County Deed Book 2, page 80]

Not sure what happened here, but Hicks is reversing the transactions of just two weeks earlier and paying a £10 premium for the privilege.

24 Feb 1752
Deed:  Robert Howell to Samuel Hayes, both of Northampton, for £28, 100 acres on the north side of Corrorary Swamp [Corduroy Swamp]… beginning at a gum in the swamp, then N10W 120 poles to a red oak, then N30W 140 poles to a maple in the swamp, then down the swamp to the first station.  Signed: Robert (x) Howell.  Witness: Henry Crafford, Henry Dawson.  August Ct. 1752 [Northampton County Deed Book 2, page 81]

Having agreed to dispose of his Meherrin River land, Samuel Hayes is now acquiring land about a dozen miles southwest along what is now called Corduroy Swamp.

31 January 1753
Deed: Samuel Hayes to Benjamin Williamson of Southampton County, Virginia, for £70, 233 acres, 50 acres being part of a tract granted to Rebecca Braswell 1 March 1719 and 173 acres being part of a tract granted to Benjamin Williams 7 May 1742. Signed: Samuel (x) Hayes. Witness: Nathl. Williams, Jos. Rogers, Ely Williams.  February Ct. 1753 [Northampton County Deed Book 2, page 98]

20 February 1753
Deed: Joshua Hayes and Silviah his wife to Howell Edmonds of Southampton County, Virginia, for £26, 210 acres [same description as in 28 June 1746 deed]  Signed: Joshua (x) Hayes, Silvia (s) Hayes. Witness: John Dawson, James Washington.  “The feme being privately examined relinquished her right in the land”   February Ct. 1753 [Northampton County Deed Book 2, page 98-9]

Silvia, who was “Silviah” in the body of the deed, signed with an “S” mark, while Joshua signed with a simple “X”.  Relinquishment of dower is relatively rare among the earliest deeds.

26 February 1753  Deed:  Humphrey Revell to Joshua Hayes, both of Northampton, for £30, 150 acres on the Wild Cat swamp… beginning at a maple standing in the Wild Cat swamp… up the run of the swamp… Signed: Humphrey (x) Revell.  Witness: Benj. Duberry, Edward Davis.  February Ct. 1753. [Northampton County Deed Book 2, page 104]

Joshua Hayes is relocating a dozen or so miles to the southwest on Wildcat Swamp.  This appears to be very close to where Samuel Hayes has relocated onto Corduroy Swamp.  The two creeks are only a mile or two apart in their upper reaches.  The references to Murfrees road in later deeds place those tracts on the upper reaches of the creeks where they run close together.

20 June 1754
Deed:  William Allen to Samuel Hayes, both of Northampton, for £10, 200 acres on [the south side of] “Correroy” Swamp being the full of a patent to Hopkins Howell bearing date 22 June 1741… beginning at a pine on the side of the sd. swamp then south 50 west 180 poles… to a poplar in the sd. swamp then the meanders of the swamp…  Signed: William (x) Allen.  Witness: Jno. Wade, Wilkinson Wade.  November Ct. 1754.   [Northampton County Deed Book 2, page 175-6]

ca1755?
Roster of Captain James Faison’s Company, Northampton County Militia: …Joshua Hays…Samuell (sic) Hays  [North Carolina Archives, a single sheet handwritten and undated]

There is no date on the document.  James Faison (1706-c1774) bought land in Northampton in 1744 and was listed as a Lieutenant in 1747 and in 1754, so the roster must have been written 1754 or later.  It is likely that this list dates from the French and Indian War, when North Carolina was building county militias and when Governor Dobbs began improving the militia organizations.

North Carolina’s militia from 1711 onward was comprised of men aged 16 to 60.

13 February 1758  Plat: to Samuel Davis, 655 acres joining Wildcat Swamp, Francis Deloach, Joshua Hayes, Edward Davis, Driving branch, Samuel Davis, Joseph Sikes, and Gum branch.  Chain Carriers: Joshua Hayes, John Martin.

ca 1760?
Militia:  Roster of horse troops commanded by Henry Dawson:  Sam’l Hays [North Carolina Archives]

The list is undated but thought to be early 1760s. “ca 1760?” was written on the document by some unknown archivist. The absence of Joshua Hayes may place the date more like 1763 or so.

16 May 1761
Deed: Samuel Davis to Joshua Hayes, for £7, 200 acres being part of Samuel Davis’s deed dated 15 September 1760… beginning at a pine in Francis DeLoach line & along DeLoach line to a pine standing on the south side of Wild Cat Swamp then down the swamp to a poplar the said Hayes corner then up the said line… Signed: Samuel (x) Davis, Sarah (x) Davis.  Witness: Joseph Sikes, John Wade.  The feme being privately examined by Howell Edmonds Esq….relinquished her right…  August Ct. 1761.   [Northampton County Deed Book 3, page 122]

Samuel & Sarah Davis sole the remainder of their tract, 150 acres, to Edward Davis on the same day.  Note that one of the witnesses, John Wade, owned land adjacent to Samuel Hayes.

26 Nov 1761
Granville Grant:  Samuel Hayes 700 acres …beginning at a corner pine in John Wade’s line… corner hickory in Robert Parks’ line along his line… James Parks’ line… William Seagrave’s line… corner black oak at the Road then up Murfree’s Road west… William Hulin’s corner pine… Nathan Pierce’s line…  Surveyed 23 June 1761, chain carriers Nathan Pierce, William Seagrave.  [Grants Book 14, page 290.  Numbered as #145.]

“Murfree’s Road” is shown on the 1770 Collet Survey Map of North Carolina as the road to Murphreesboro, more or less the same road as today’s US Highway 158 that runs east-west between Corduroy Swamp and Wildcat Swamp, which are only about two miles apart.

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] Copy to other file???

Joshua Hayes is still in Northampton but would shortly move to Granville County.  Note that the other 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.

15 Oct 1762
Granville Grant:  Samuel Hayes 392 acres …beginning at Joseph Smith’s corner pine on the south side of Corroroy [Corduroy] Swamp then along his line south… oak in Smith’s line then west… then south to Murfree’s Road then up the road west [to] John Green’s… to Brady’s Road then down Brady’s Road… Allin’s line…to Corroroy Swamp…   [Grants Book 14, page 286 Numbered as #103]

The fact that this tract bordered both the road and Corduroy Swamp means that it was located where the two are close together — roughly around where Galatia Road crosses Highway 158.  Part of this land was left in his will to two grandsons.

28 December 1762
Deed:  Joshua Hayes, planter, to Edward Davis, both of Northampton, for £65, 350 acres part of Saml. Davis deed bearing date 15 September 1760… beginning at a pine in Francis DeLoach’s line & along his line to a corner pine standing on the south side of Wild Cat Swamp then down the sd. swamp to a maple then up a branch…  the said Davis’s corner… [The same as the two parcels of 150 and 200 acres bought earlier.]  Signed: Joshua (x) Hayes, Silvia (s) Hayes.   Witness: Joseph Sikes, Joseph Moore.  “The preceding deed was acknd. in open court in due form of law, at the same time the feme being privately examined by William Allen Esq. …relinquished her right to the land.  February Court 1763.   [Northampton County Deed Book 3, page 215]

Joshua and Silvia Hayes signed with the same marks as in the earlier deed. The following three deeds were recorded immediately after this one.  All four deeds were acknowledged by the grantors at the February Court 1763.

31 January 1763
Deed:  Samuel Hayes to Nathan Pierce, both of Northampton, for £3, 102 acres …beginning at a black oak on the said Pierce’s line…to Murfree’s road, then up the said road to a white in Joseph Smith’s line, then up his line to his corner hickory in the said Pierce’s line …  The said land being patented by Samuel Hayes in the year 1760… Signed: Samuel (s) Hayes.  Witness:  John Wade, William (x) Seagraves  [Northampton County Deed Book 3, page 216]

31 January 1763
Deed:  Samuel Hayes to William Seagraves, both of Northampton, for £11, 161 acres, being part of a survey granted to the said Samuel Hayes dated 26 November 1761… beginning at Wild Cat Swamp then out from the swamp to a a pine sd. Seagraves corner then on his line to James Parks corner.. Parks line… to Wild Cat Swamp then up the course of the said swamp to the first station.  Signed: Samuel (s) Hayes.  Witness:  John Wade, Nathan (N) Pierce.  [Northampton County Deed Book 3, page 216-7]

1 February 1763
Deed:  Samuel Hayes to John Wade, both of Northampton, for £3, 198 acres, … beginning at John Wade’ corner three pines… to a hickory in Robert Parks line… on his line to Wild Cat Swamp, then up the swamp to a corner white oak.. line of marked trees… Nathan Pierce’s line…  The said land being patented by Samuel Hayes in the year 1761.   Signed: Samuel (s) Hayes.  Witness:  William (x) Seagraves, Nathan (N) Pierce.  [Northampton County Deed Book 3, page 217]

Samuel Hayes used a large “S” as his mark on all three of these deeds.  They add up to 461 acres of his 1761 patent for 700 acres.

17 October 1766
Deed: Samuel Hayes & Elizabeth his wife of Northampton County to William Webb of Isle of Wight County, Virginia, for for £10, 118 acres being part of a survey of land granted to the sd. Samuel Hayes bearing date 26 November 1761… beginning at the Cat Swamp in the sd. Samuel Hayes line… along the sd. line to Murfree’s Road… down the sd. road to John Wade’s line, along his line to the Cat Swamp… up the swamp to the first position.  Signed: Samuel (S) Hayes, Elizabeth (H) Hayes.  Witness: George Barclay, William Seagraves Jr., James Faison Jr.    May Ct. 1767.  “The feme being privately examined by John Wade Esq. freely relinquished her right of dower… ” [Northampton County Deed Book 4, page 77-8]

This deed was recorded by a new and different clerk of court (Willie Jones) than the previous deeds, which had typically not included the names of wives.  That is, Elizabeth may have been Samuel’s wife for many years and not mentioned in the deed books because the clerk prior to Willie Jones recorded the relinquishment of dower in the court minutes or elsewhere rather than in the deed book.  Willie Jones also used slightly different terminology in the deeds he recorded and he may have rendered the signature marks differently than his predecessor.  Here Samuel used a large script “S” and Elizabeth used a slanted uppercase “H”.

10 November 1766
Will: Charles Gregory — sons Charles, Hardy, Arthur and Jesse.  Daughter Silva Gregory.  Five shillings to (faded) and Keziah Gregory.  Appoints Samuel Haze and Joseph Smith executors.  Signed: Charles (x) Gregory.  Witness: Lawrence Smith, Benjamin (x) Benson, William W. Jenkins.  Proved February Ct. 1767.  Samuel Hayes and Jos. Smith qualified as executors. [Northampton County Wills 1762-1791 Volume A, page 102.]

Samuel Hays and Joseph Smith were adjacent neighbors, so this apparently refers to the Samuel Hays of  Corduroy Swamp.

20 November 1776
Deed:  Samuel Hayes Senr. to Robert Parks, for 30 shillings, 30 acres… part of a survey to sd. Samuel Hayes Senr. dated 26 November 1761… beginning at a gum in the Wild Cat swamp then running out to a corner pine James Parks line… on James Parks line to a corner red oak then Joseph Taylor’s line to a white oak in the Wild Cat swamp then down the run of the swamp to the first station.  Signed: Samuel (S) Hayes.  Witness: George Barkley, Jno. Ward Junr.   September Ct. 1778.   [Northampton County Deed Book 6, page 248-9]

His son Samuel is apparently 21 by now so Samuel has become a “senior”.  I note that there is now a different clerk of court (Jeptha Atherton) recording the particulars, and no dower release is mentioned. I wouldn’t conclude from this that his wife Elizabeth is deceased, though it’s possible.

10 August 1778
Deed: Samuel Hayes to Moses Newsom, for £20, 462 acres… beginning at John Newsom’s corner poplar at the mouth of angetia’s (sic) branch along Newson’s line… to his corner hickory then along Thomas William’s line to his corner… then along another of his lines… a corner pine in Wm Bunns(?) line… Nathan Stansist’s(?) line… Francis Hutchins line…  part of a patent granted to Moses Newsom dated 10 August 1778 and by conveyance since became vested in the sd. Samuel Hayes. Signed: Samuel (S) Hayes.  Witness: Jesse Joyner, John Cook.   September Ct. 1778.  Not recorded until 20 March 1779.  [Northampton County Deed Book 6, page 256-7]

He signed with the same mark as in the prior deeds, but again there is no release of dower noted.

29 Mar 1779
Deed: William Faison to John Hayes, for £100, 40 acres .. beginning at a white oak on Cororoy Swamp then up Samuel Hayes line to the Dividing Branch then down the branch to the Swamp then up the swamp to the first station. Signed: William (x) Faison. Witness: Lawrence Smith, Warren Hart. Proved September Ct 1779. [Northampton County Deed Book 6, page 354]

1779
Tax List dated January 1780, listed consecutively on page 35:
Sam’l Hays  £3588:13 property value
John Hays  £1025 property value
Sam’l Hays Junr.  £899:12 property value

The tax list was apparently compiled in late 1779.  There are 36 pages with two columns of names.  The other Hays families elsewhere in the county are listed on pages 6, 7, and 8. (See the other file of Northampton records.)  There is no indication of whether there are other taxable males within the households.

29 Oct 1782
Land Grant: Samuel Hays, 340 acres beginning at his own corner hickory… Wm. Layne’s corner pine… Layne’s line… his own corner at the old road… James Millikin’s line… corner pine on the south side of Pottacasi Swamp then down the swamp… corner in James Turner’s line… then with John Hays line the same course to the first station.  Land was entered 26 February 1779.  [North Carolina Grant Book 48, page 269.]

4 September 1785
Inventory:  Estate of John Hays: 9 cattle, 41 hogs, 3 horses, 2 saddles & bridles, 2 feather beds, 1 chest, 4 chairs, 3 pewter dishes… 2 sheep, a parcel fo books, 2 bee hives… Sarah Hays, administratrix.  Recorded September Ct. 1785. [Northampton County, Record of Estates and Inventories 1781-1795, page 96.]

5 September 1785
Administration Bond:  Sarah Hays, administratrix of John Hays, deceased, for £500.  Securities: William Smith, Robert Boykin.  Also in the file are two subpoenas to William Smith and Robert Boykin issued for a suit by Herod Faison “guardian of Jesse Hays, orphan of John Hays deceased” dated fourteen years later in 1799.  [Northampton County Loose Estate Files, Folder marked “John Hays, 1785”]

It seems likely from the involvement of close neighbors that this John Hays is Samuel’s son.  Sarah was the daughter of Flood Smith — William Smith was her brother and Robert Boykin was her brother-in-law.  See the 1789 will of Flood Smith below.

At some point after 1786 Sarah Smith Hayes remarried to Herod Faison, who assumed guardianship of the Hayes children.

1 Nov 1785
Estate Sale of John Hays deceased, totaling £183:3s:4d.    Sarah Hays bought the bulk of the estate but Samuel Hays (either his brother or father) bought a horse and “wearing cloths”, her brother William Smith bought a few items and Solomon Hays bought a side of leather. [Northampton County, Record of Estates and Inventories 1781-1795, page 129.]

1786 State Census for Northampton County — Bennett’s District (listed consecutively):
Samuel Hayes – 1 male <21 or >60, 1 female, no slaves
Elisabeth Hayes – 2 males <21 or >60, 1 female, no slaves
Sarah Hays – 2 males <21 or >60, 2 females, 3 slaves

Sarah Hays was the widow of Samuel’s son John Hays.  Therefore Elizabeth must have been the widow of Samuel’s son Samuel Hays.

6 Dec 1786
Deed: Samuel Hayes “for the natural love and affection and many other good causes have moved me to give my grandson John Hays of Johnson (sic) County: two negroes named Lucy and Harry “at his disposal now and after my death my whole estate to him and his heirs… Signed: Samuel (x) Hays.  Witness: Jesse Hays, Wm (x) Smith.  Proved March Ct. 1787.  [Northampton County Deed Book 7, page 408]

This appears to have been Samuel Hayes Sr.  John Hays is probably the son of Jesse Hays.

13 March 1789
Will: Flood Smith, proved at September Ct. 1789.  To my daughter Martha Boykin one hundred acres… I lend to my son Littleberry Smith and to my son Josiah Smith the use of my mill and still to grind each of their own grain tole free and to still each of their own liquor tole free. To my son William Smith the plantation whereon I now live and all the land adj the said plantation on the South of the Hill swamp, on the north side of the Mill swamp and two hundred acres part of my last survey bounded by Lawrence Smith, Harris Hart and my old line.  To my son Littleberry Smith all lands I bought of Henry Jordan and one half of my land lying on the North side of Potecasie, slaves, livestock etc.  To my son Josiah Smith his plantation and all of the land that I bought of Mark Weath and the upper part of my line adj Pollicase on the north side of Potecasie swamp, slaves, livestock, etc.  To my daughter Nancy Smith all the land that I bought of Robert Boykin and Henry Zubles, slaves, livestock etc.   To my daughter Sarah Faison negro, my looking glass and the flax wheel that she hath now in her possession. To my daughter Polly Lewis Smith negroes cows calves sows pigs filly bed and furniture being the bed I lie on and my chest twelve barrels of corn flax wheel and Haskle. To my daughter Martha Boykin negro.  To my son William Smith negro on condition that he pay thirty pounds Virginia money in my estate.

…my desire is that my land on the south side of Pottacasi Swamp should be sold at the expiration of the time that I have leased the said land to Brittain Spivey for, and the money equally divided between my two  grandchildren Jesse Hays and Patsey Smith Hays…. unto my grandson Absalom Hays one negro known by the name of Violette….  granddaughter Mason(?) Boykin £50… unto my son William Smith my still… remainder part of my estate should be sold and equally divided among my children hereafter named Sarah Faison, Martha Boykin, Nancy Smith, Littleberry Smith, Josiah Smith & Polley Smith.  Friend Lawrence Smith and my two sons William Smith and Littleberry Smith executors.  Signed: Flood Smith  Witness: Etheldred Smith, Polley Smith, Jane Smith. Proved September Ct. 1789. [Northampton County Will Book 2, pages 172-174]

Sarah Faison is the widow of John Hayes, who has now remarried to Herod Faison.  She had two male children and a female child in her 1786 census household, presumably Absalom, Jesse and Patsy. 

1790 Census, Northampton County (these Hays only)
Samuel Hayes – 1 male>21, 1 female, 8 slaves.

19 April 1790
Deed: Samuel Hays to Reuben Jenkins of Nansemond County, Virginia, for £45 Virginia, 200 acres on “Cororoy” Swamp, being the whole of a patent to Hopkins Howell bearing date 22 June 1741… beginning at a pine on the side of the sd. swamp then south 50 west 180 poles… to a poplar in the sd. swamp then the meanders of the swamp…  .  Signed: Samuel (S) Hayes.  Witness: John Taylor, Joseph (x) Taylor. Proved December Ct. 1790.  [Northampton County Deed Book 8, page 317]

This is the land he bought 46 years earlier.

7 Sept 1790
Deed: Samuel Hays to Jeremiah Benson of Nansemond County, Virginia, for £30 Virginia, 200 acres “on the north side of Murfrees road and on the east side of Braddy’s road.”  Beginning at a white oak in Laurence Smith’s line…  up Murfree’s road to Braddy’s road and thence down the said road to my own line… Signed: Samuel (S) Hayes.  Witness: Llyson Llewellen, Reuben (x) Jenkins.  Proved December Ct. 1790.  [Northampton County Deed Book 8, page 329]

10 Nov 1790
Deed: Samuel Hays to Mills Parker, for £54:15s, 360 acres on the south side of “Cororoy” Swamp.  Beginning at Joseph Smith’s corner pine in Cororoy Swamp… corner pine on Braddy’s Road… along the road… down the various courses of Cororoy Swamp.  Signed: Samuel (S) Hayes.  Witness: Llyson Llewellen, Reuben (x) Jenkins.  Proved December Ct. 1790.  [Northampton County Deed Book 8, page 318]

16 Aug 1793
Deed: Samuel Hayes to Lawrence Smith, for $5, 5 acres “beginning at a holly near the run of Cororoy Swamp… Signed: Samuel (S) Hays. Witness: Henry Peebles, Warren Hart. Proved September Ct. 1793.  [Northampton County Deed Book 10, page 62]

Samuel Hayes consistently used a signature mark like a capital “S”.

20 August 1793
Will: Samuel Hayes  …”my will is that my land should be divided by a line beginning on Correroy (sic) Swamp then running to my back line, the upper part I lend to my loving wife during her widowhood.  I also leave her my still during her widowhood.” Item…unto my grand son Jesse Hays the land that I have left to my loving wife Mary Hays. Item…unto my grand son Absalom Hays the lower part of my land. Item…unto my grand son Ransom Hays £50. Item…unto my son Jesse Hays 5 shillings.
All my estate that I have not given away should be sold… and the money arising from such sale  with all my bonds and money should be divided into six equal parts and given as hereafter directed, to my loving wife one part, to my son Samuel Hays’ heirs one part, to my son John Hays’s heirs one part, to my daughter Margaret Howell one part, to Elizabeth Pittman one part & to Parthena Hart one part.
“And my desire is after my wife’s marriage or death, my still should be sold and the money arising from the sale to be equally divided among my five last mentioned children”.  Appoint Col. Howell Edmonds and Col. James Vaughn my hole and sole executors.  Signed: Samuel (x) Hayes.  Witness: Lawrence Smith, Henry Peebles.   Proved by the witnesses at December Ct. 1796 and James Vaughn qualified as executor.  [Northampton Will Book 2, page 129-130]

This was recorded by yet another new clerk of court (C. Haynes) so we can’t be sure that the signature mark was accurately transcribed — it was rendered something like an uppercase “C”. Nevertheless, this is surely the same man who originally bought land here in 1743.  Since that was 50 years earlier, he must have been a young man when he first appears in Northampton records. The will names six children.

The will confirms that his sons Samuel and John were dead but a son named Jesse Hays and three married daughters were alive. It is uncertain who the heirs of Samuel Hayes Jr. might have been — no one identified as such was paid as a legatee.

Dec 1796?
Petition of Mary Hays: “Humbly showeth that she intermarried with Saml Hays on the (blank) day of (blank) that her sd. husband departed this life on the (blank) day of (blank) having first made his last will and testament by which he gave to his wife one third part of both his plantations joining the road… at present no person is living at sd. plantation…”  [Northampton County Loose Estate files, included in the estate file “Samuel Hayes 1796”]

8 March 1797
Will: Mary Hays:  I give & bequeath unto my beloved brother Elias Faison all my property, namely two feather beds and furniture, one horse, one negro man named Harry, and also all my estate both indoors & outdoors.  I appoint him my hole & soul executor…Signed: Mary (x) Hays.  Witness:  Henry Peebles, Martha Newsom.  Proved March Ct. 1800.  [Northampton Will Book 2, page 198]

This is the last wife of Samuel Hayes Sr.  She was the widow of William Winbourne, her maiden name was Faison.  

15 Sep 1797
Estate Sale: Estate of Samuel Hayes by James Vaughn executor.  Expenses included a whopping 7 gallons of brandy for use at the sale. [Northampton County Loose Estate files, included in the estate file “Samuel Hays 1796”]

Undated – out of sequence?
Petition of Mary Winbourne, widow of William Winbourne, regarding estate of William Winbourne: “She intermarried with Samuel Hays on the (blank) day of (blank)”  [Northampton County Loose Estate files, included in the estate file “Samuel Hayes 1796”]

This is the widow of Samuel Hayes Sr., apparently married only briefly before he died.  Brian Winbourne,

4 Dec 1798
Guardian Bond: Harwood Faison guardian of Jesse Hays, orphan of John Hays. Securities: John Wood, James Parker.

He has evidently married the widow and assumed guardianship of her child.

6 Aug 1799
Subpoena:  Herod Faison, guardian of Jesse Hays son of John Hays dec’d, suit versus Robert Boykin and William Smith. [Included in Northampton Loose Probate Records, “John Hays 1795” file.]

7 Aug 1799
Bond: William Smith, Robert Boykin, James Ferrell bond for £836:8s, Smith and Boykin to answer Herod Faison, guardian of Jesse Hays orphan of John Hays.  [Included in Northampton Loose Probate Records, “John Hays 1795” file.]

March 1800
Suit: Warren Hart vs. James Vaughn, executor of Samuel Hayes.  Accounting of witnesses paid for testimony lists Elizabeth Peebles, Henry Peebles, Herod Faison (as “Harwood”), John Howell, Millie Jenkins and Reuben Jenkins. [Northampton County Loose Estate Files.  Paper included in Estate of Samuel Hays folder.]

The witnesses may have included relatives.  Warren Hart was a legatee of the estate, apparently as the husband of Parthenia Hayes.  It may be that John Howell was the husband of Margaret Howell.  MIllie Jenkins was a neghbor but also may have been a granddaughter, perhaps the daughter of John Hayes suggested by the 1786 census.

3 March 1800
Administration Bond:  Harwood Faison, £100 bond as administrator of Mary Hays with the will annexed. Securities: Joseph (x) Boon, Nicholas Boon. [Northampton County Loose Estate Files.  Paper included in “Hays, May 1800” file.]

This is Mary Faison Winborne Hays.  Her will named her brother Elias Faison executor but he is either dead or unable to serve, so Herod Faison has replaced him as administrator cum testamento annexo.

June 1800
Account of Sales, estate of Mary Hays dec’d by Harwood (sic) Faison, administrator.  Modest selection of household goods with a horse being the major item.  Buyers included Harwood Faison, Warren Hart, Henry Peebles, Jesse Allen, James Garris but no Hays.  [Northampton County Record of Estates, Sales and Inventories 1796-1801.]

March 1801
Estate Accounting:  James Vaughn submitted a final accounting for the estate of Samuel Hays, recorded at June Court 1801.  It shows a value from proceeds of an estate sale in 1796 plus debt collection totaling in all £1,336:4s:3½d.   The residual estate had been disbursed to five persons identified as legatees:  Warren Hart, Margaret Howell, Arthur Pittman, Herod Faison as guardian of John Hays orphans, and Mary Hayes each of whom had received roughly £225.  [Northampton County Loose Estate Files, folder marked “Samuel Hays 1796”.]

It appears that his son Samuel Hays Jr. had left no heirs or they had died in the meantime, because only five of the six legatees named in the will were paid.

One item in the accounting was 7 gallons of brandy “for the use of the (estate) sale.”

1 June 1804
Deed: Jesse Hays to Herod Faison, for £195, 247 acres on Coryroy Swamp beginning at Hart’s corner tree in Coryroy (sic) swamp near the crossing place at the old road, then down the swamp to Absalom Hays‘ corner pine standing in the swamp, then also on Absalom Hays line of marked trees to a corner red oak standing in Benjamin Howell’s line, then along Howell’s line to a corner pine standing at the old road.. Signed: Jesse Hays. Witness: Henry W. Taylor, Absalom Hays.  Proved June Ct. 1804. [Northampton County Deed Book 12, page 305]

This is the land he inherited from Samuel Hayes. Herod Faison left this tract to his son Herod Faison Jr. in his 1815 will.

16 Aug 1804
Deed: Absalom Hays to William Stewart, for $10, an eight-year lease of land bounded by Buck’s branch, driving branch, and Coyroy Swamp. “Stewart is to clear five thousand corn hills per year and he is by this obligation empowered to burn tar, make turpentine of the said land…” Signed: Absalom Hays, William Stewart.  Witness: Henry Peebles, Polley Hays.  [Northampton County Deed Book 13, page 51.]

6 Feb 1812
Will: Warren Hart… lend to my loving wife Partheny Hart during her life or widowhood two negro women Suck and Alse.  Names sons Benjamin Hart and John Hart, daughters Patsy Hart, Jenny Hart, Rebecca Hart, Partheny Hart, and Tempy Hart.  Proved March Ct 1812. [Northampton County Will Book 3, page 61.]

24 February 1817
Death: Absalom Hays was killed by a neighbor named Frederick Long.  Hays was at Long’s house complaining about Long’s treatment of a slave named Hampton who belonged to Hays.  According to depositions from two witnesses, Hayes and Long got into a name-calling dispute that turned physical and Long stabbed Hays in the thigh.  Although those present tried to stop the bleeding and called for physicians, Hays bled to death.  Frederick Long was accused of murder, but claimed it was an accident.  Depositions from two witnesses were inconclusive as to Long’s intent.  He was apparently cleared of the charge, as he appears in local records in subsequent years.

Absalom Hays died intestate and Britton Faison was appointed administrator, posting his administrator’s bond on 3 March 1817.  Although he left five children, the daughter Sally was dead within a matter of months; she was not mentioned in the initial orphan’s accounting for 1818.  The widow Martha had married John Blackley by the time an orphan’s accounting was submitted in March 1821.  She was still “now Martha Barkley, wife of John Barkley” according to Jesse Hays‘ 1829 petition to partition the land.  The roughly 300-acre plot inherited from his father Samuel Hayes was partitioned to the four sons in 1829.  Included in the file is a plot of the  parcels which helps to place it exactly on Corduroy Swamp.  [Northampton County Loose Estate Files, folder marked Absalom Hays 1817.]

Mar 1817
Petition: Patsy Hayes, widow & relict of Absalom Hayes dec’d, requests her dower land be alotted.  {Northampton County Deed Book 15, page 32.]

7 December 1818
Guardian Bond:  Martha Hays guardian of orphans of Absalom HayesJesse Hayes, William Hayes, Absalom Hayes, Henry Hayes, and Sally Hays.  [Paper included in Absalom Hays Estate File.]

3 March 1824
Guardian Bond: Herod Faison appointed guardian of Jesse Hayes, William Hayes, Absalom Hayes, and Henry Hayes, orphans of Absalom Hays. [Paper included in Absalom Hays Estate File.]

Jesse Hayes reached maturity in 1829 according to documents in the file.  Sally Hayes had evidently died in 1818 or 1819.  Absalom Hayes was still under 21 in 1830.  Henry Hayes was still under age in 1833.

4 September 1843
Administration Bond:  Henry A. Hays, administrator of estate of Absalom Hays.  (Absalom left a wife, ne Mary Lewter, and the debts exceeded the value of the estate.) [Northampton County Loose Estate Files, “Absalom Hays 1843”.]