Joshua Hayes (c1720 – 1797)

(Still) Under Construction as of January 22, 2018

Joshua Hayes is mentioned in a book on Hayes families, Hayes and Allied Families, but the author confused him with a different Joshua Hayes.1  That book states that Joshua Hayes was born in 1741 to a William Hayes who left a will in Chester County, Pennsylvania dated in 1771 and proved in 1783. But that is pretty clearly an error, for our Joshua Hayes was clearly two decades older than that man.

First appears in Northampton County, North Carolina in 1746

Our first record of Joshua Hayes is his purchase, as a Northampton resident, on 8 June 1746 of 210 acres in Northampton County, North Carolina on the south side of the Meherrin River from Benjamin Williams of Isle of Wight County, Virginia. 2  On the same day Benjamin Williams sold an adjacent parcel of 233 acres to a Samuel Hayes.3  These parcels adjoined an tract of 50 acres that had been purchased by Samuel Hayes more than two years earlier.4  All three parcels comprised two earlier patents to Benjamin Williams and Rebecca Braswell.5  From the descriptions in these deeds, we can place the land fairly precisely in the extreme northeastern corner of modern-day Northampton County, lying directly on the Virginia-North Carolina border and the Meherrin River northeast of the town of Severn. 6

These lands had been in Bertie County until 1741 when Northampton was carved out of Bertie. Since Samuel Hayes had purchased his tract only two years after Northampton’s establishment, I searched Bertie records for signs of either Samuel or Joshua Hayes but found no record of them prior to the mid-1740s.

Just over a month after the purchases of 28 June 1746 Samuel Hayes sold a 50 acre portion of his second purchase to Margaret Brady of Isle of Wight.7 A few years later both Joshua Hayes and Samuel Hayes sold their land on the Meherrin and moved a few miles southwest deeper into Northampton County.

On 20 February 1753, Joshua Hayes “and Silviah his wife” sold his 210 acres on the Meherrin to  Howell Edmonds, both signing by their marks.8  Six days later on 26 February Joshua Hayes bought 150 acres on Wildcat Swamp, about 10-12 miles to the southwest, from Humphrey Revell.9  He bought 200 acres adjoining that tract from Samuel Davis on 16 May 1761. 10   Joshua and his wife “Silvia” Hayes sold the combined 350 acre tract on 28 December 1762 to Edward Davis. 11  His wife “Silvia” Hayes relinquished her dower interest at the February 1753 court.12

Probable brother of Samuel Hayes

Samuel Hayes, the adjoining landowner, was surely a relative.  Joshua Hayes, Edward Davis, and Samuel Hayes appear consecutively on a muster roll of Northampton County militia, undated but apparently dated about 1755.  Within days of selling his own land on the Meherrin in 1752 Samuel Hayes bought 100 acres on what is now called Corduroy Swamp from Robert Howell and the following year bought another 200 acres from William Allen.13  Corduroy Swamp and Wildcat Swamp, in the area where the two Hayes men settled, are more or less parallel to one another in northeastern Northampton County, being only about one or two miles apart.  Indeed, Samuel Hayes was later granted land on Wildcat Swamp (and bordering what is now Route158) in 1761.14  Samuel Hayes sold off portions of his land as late as 1776, when the deed styled him as “Samuel Hayes Senior” to differentiate him from an (apparently) unrelated younger Samuel Hayes who lived elsewhere in the county.15 The only mention of a wife in any of his sales was on 7 October 1766, when he “and Elizabeth his wife” sold part of his 1761 grant.16

Samuel Hayes appears to be the same person who left a will dated 20 August 1793 and proven in December 1796.17  The will names a wife Mary, rather than Elizabeth, but specifies that his land on Corduroy Swamp was to be divided between two grandsons named Jesse Hayes and Abraham Hayes, with his widow to have possession of Jesse’s portion during her widowhood.  The will also left £50 to his grandson Ransom Hayes and 5 shillings to his son Jesse Hays.  The rest of the estate (including a still to be sold when his wife died)  was to be sold and the proceeds divided among his widow and the heirs of deceased son Samuel Hayes, the heirs of deceased son John Hays, and three daughters named Margaret Howell, Elizabeth Pittman, and Pathena Hart.18  Howell Edmonds and Col. James Vaughn were named as executors.

A widow named Mary Hayes, likely the same Mary as the second wife of Samuel Hayes, left her own will on 8 March 1797 and proved in March 1800 leaving “all my property”, namely two feather beds and furniture, one horse, and one negro man named Harry to “my beloved brother Elias Faison.

An article in Historical Southern Families appears to identify this Samuel Hayes as a son of Peter Hayes and Elizabeth Flake of Isle of Wight County, Virginia.19 However, the article barely mentions Samuel Hayes beyond his appearance ans a legatee in a 1691 will and provides no evidence that the Samuel Hayes of Northampton County was actually the same person.  (Indeed, it is extremely unlikely that our Samuel Hayes of Northampton could have been nearly that old.)  It includes merely the statement that Samuel Hayes “settled on a creek in the valley of the Meherrin River…the area was first called Chowan, then Bertie, and finally Northampton Co.”   No attempt was made to prove that statement.

Joshua Hayes moves into Granville County about 1765

Joshua Hayes was on the 1762 tax list for Northampton County, but apparently moved a quite a distance west into neighboring Granville County after selling his land later that year.  On 20 April 1765, identifying himself as a resident of Granville County, he bought 500 acres on both sides of Tabbs Creek from Samuel Weaver.20   He appears to have remained on this land for the rest of his life.  He appears infrequently in Granville records.

Although several tax lists survive, the lists for the district in which he lived are nearly all missing. The 1769 tax list survives, in which he is listed as “Joshua Haze” and his son Joseph was listed as Joseph “Hays”.  In 1771 both Joshua Hays and his oldest son Joseph Hays were taxed — the only persons named Hays in the county.  The 1780 tax list was organized by district, and Joshua Hayes appeared in the Fishing Creek district with 329 acres.   The 1782 tax list found Joshua Hays Sr., Joshua Hays Jr., Henry Hayes, and Joseph Hayes all listed in Fishing Creek district.  Tax lists for 1784, 1785, and 1788 also still exist; by then boundaries had slightly altered so that Joshua Hayes was listed in the Tabbs Creek district.

The only other records of substance are a suit by John Parham in 1765, confirming that Joshua Hayes was residing in Granville by then, and his application for a grist mill on Tabb’s Creek on 2 August 1775.

The state census of North Carolina was taken in 1786 for Granville County.   Joshua Hayes, his son Joshua and Henry Hayes are listed consecutively in the Fishing Creek district, with his son Joseph Hayes nearby in the same district. Joshua Hayes’ household consisted of one male 21-60 (probably his son John), one male under 21 or over 60 (probably himself), and four females (his wife Selvah and daughters Selvah, Sarah and Patty). The 1790 census does not survive, but the 1790 tax list includes Joshua Hayes and his sons Joseph, Joshua, and Henry.

Disposed of all his land in Granville between 1774 and 1797

The only purchase of land recorded by Joshua Hayes in Granville County was his 1765 purchase of 500 acres on both sides of Tabbs Creek.   He sold 150 acres of that tract “being in one corner of the said Joshua Hays land on the east side of Tabbs Creek” to Noel Johnston on 6 November 1774 for £15.21  Noel Johnston was probably already married to Joshua’s daughter Catherine Hays.  On  25 March 1784, as “Joshua Hayes Senr.” he sold 60 acres of his tract to Zachariah Higgs for £12. 22   Eight years later, on 6 November 1792, he sold 50 acres “lying on the west side of Tabbs Creek being a part of my own tract” to his son Henry Hayes for £50. 23  On 10 March 1794, he sold 144 acres on the west side of Tabbs Creek “beginning at a white oak near the mill” to his son Joshua Hayes Junr. 24  His remaining land, surveyed as 94 acres, was sold on 31 March 1797, just a week before his death, to a neighbor named Joseph McDaniel.25

He signed every deed with his mark.  No dower releases were noted in the deed books.

The identity of his wife Silvia (Selvah)

His wife’s name in the Northampton County deed books was recorded as “Silviah” and “Silvia”, but was spelled “Selvah” in his will and estate papers.

Selvah Hayes is thought — erroneously — by a few family researchers to have been a daughter of Sherwood Harris. The Granville County will of Sherwood Harris, dated 15 June 1763 and proved at the following (August) court, mentions several children explicitly, then addresses Joshua Hayes thusly: …to Joshua Hays, 200 acres of the land I bought of Jonathan White on condition that he pay 60 pounds to my executors…if he fails to do so, then the land [is to be] sold…”26   This is not evidence of a relationship between the two men, rather it seems that Harris was simply making good on a promise to sell the land.   Sherwood Harris had purchased 660 acres from Jonathan White a month earlier on 13 May 1763 for £50 and was evidently in the midst of negotiating with Joshua Harris to sell 200 acres of that tract for a hefty profit when he wrote his will a month later.27  In any event, his executor never sold the land to Joshua Hayes.

I also note that Sherwood Harris’s will explicitly identifies two sons, five daughters, a grandchild and one son-in-law. Yet no mention was made of a daughter named Selvah nor was Joshua Hayes identified as a relative.  If we need further reason to doubt that Selvah Hayes belongs in the Harris family, we can note that she was considerably older than any of Sherwood Harris’s children, and that she and Joshua Hayes surely married at a time when Sherwood Harris lived nowhere nearby. It is very clear that Silvia’s father was not Sherwood Harris.

Since we do not know where Joshua Hayes lived prior to Northampton County, and since Northampton’s marriage records are lost, we have no clues to her maiden name or to her parents.

1797 Will of Joshua Hayes

Joshua Hayes died on 9 April 1797 in Granville County, according to a court record of August 1797, which informs us that his will was in the possession of Joshua Hutchinson and was “lost or mislaid”, necessitating a reconstruction of the will by the witnesses.28  The two witnesses, Joshua Hutchinson and Zachariah Higgs, provided the court with a “true copy of the original as far as they can recollect” that was accepted by the court and, in the absence of any objection by the heirs, was recorded the same month.29

The lost original of the will generated several court records beginning in May 1797 that are filed as loose papers in Granville County.30   Among these papers is a note from Stephen Sneed to “Mr. John Hays, Fishing Creek” dated 15 May 1797 that reads: “Enclosed you will receive the order of the last court relative to your father’s will. You I expect have received the necessary direction from Col. Taylor how to proceed.” Joseph Taylor, the attorney for John Hayes, appeared at the May court to request that citations be issued to the heirs to “show cause why the last will & testament of Joshua Hays decd should not be admitted to record.”  The heirs cited were: “Sarah Davis, Olive Moore, Mary Wood, Samuel Hays & John Hays and other heirs of Joseph Hays decd, Patty Haynes, Noel Johnson, Thomas Johnson, Henry Haynes(sic), Joshua Hays, Selia Hays, Mary Inscoe(sic), heirs of Joshua Hays decd.”31  Stephen Hays, Jesse Hays, and Peter F. Farrar were added as heirs in later citations.  The court records separately record subpoenas to these heirs.  One subpoena was issued to Joshua Hutchinson and his wife Susannah and to John Parrish and his wife Elizabeth.32  Another subpoena names the heirs as: “Sarah Davis, Olive More, Mary Wood, Samuel Hays and Jesse Hays and others as heirs of Joseph Hayes. Polly Hayes, Noel Johnson, Thomas Johnson, Henry Hayes, Joshua Hayes, Sealey Hayes, Mary Inscore. Heirs of Joshua Hayes, Zacharia Higgs and Joshua Hutcherson to answer to the court also”.33  All the persons named in these records were identified as residents of Granville County. Note also that the will below does not address the heirs of the deceased elder son Joseph Hayes, which may account for the apparent dispute over the provisions of the will.

The undated copy of the will of Joshua Hayes was proved at the August 1797 court and recorded.34   It left one shilling apiece to “my daughter(s)” Sarah Davis, Hanah Howel, Oliff Moor, Mary Wood, and Pattey Hayes.  One shilling was left to “my daughter in law Sarah Hayes” and one shilling apiece to “my son(s)” Henry Hayes and Joshua Hayes.  Daughter Selah (sic) Hayes received one shilling plus a bed and furniture.  His land and mill, livestock, and personal property were given as a lifetime interest to “my loving wife Selvah Hayes”.   After her death the land and mill were to go to son John Hayes and the rest of the property was to be “equally divided between Patience Johnston, Catharone (sic) Johnston, John Hayes, Selah Hayes and Mary Inscoe” (their relationships to the testator being unstated.) Executors named were Joshua Hutchinson and John Hayes. The witnesses were Joshua Hutchinson and Zachariah Higgs. The uncertainties raised by these records are covered below.

It appears that his wife Selvah or Silvia was dead by the time the will was proved, for she was not among the heirs subpoenaed. She was surely dead by the 1800 census, for no female aged over 45 appears in the households of the children.


  1. Joseph Hayes (ca1745 – 1792) He was clearly the eldest child.  He was taxed to his father in 1767 but was taxed as an adult in 1769 and thereafter.   In 1782 he bought a tract of 640 acres near his father on Fishing Creek35 and in 1788 sold 140 acres of it to Thomas Johnston.36  He also appeared adjacent to his father in the 1786 state census and in the 1790 tax list, which substitutes for Granville’s lost 1790 census.  His 1786 household included 1 male age 21-60, four males under 21 and six females.

    Joseph Hayes probably qualifies as a D.A.R. Patriot on the strength of a 1781 receipt for oats supplied to the County Commission. 37  It seems likely that he served in the county militia but neither he nor his widow lived long enough to apply for a pension.

    He died before his father, leaving a will dated 10 June 1792 and proved at the November court 1792.38  He disposed of his 500 acres on Fishing Creek by leaving 120 acres each to sons Samuel Hayes, Jesse Hayes and Stephen Hayes and 140 acres “that I now live on” to Simeon Hayes subject to the lifetime interest of his widow Sarah.  The rest of his property — including “all my horses, cows, hogs, sheep and of all my household furniture” — was to be equally divided between “my wife Sarah and all my children Samuel Hayes, Susannah Hutchinson, Jesse Hayes, Stephen Hayes, Temperance Hayes, Simeon Hayes, Mary Hayes, Lucy Hayes, Levice Hayes.”  Samuel Hays and Avery Parham were named executors and qualified at the February court 1793.  The witnesses to the will were John Hayes, Noel Johnston, and William Moore Johnston.  Loose estate records in Granville County include several estate accounts by his widow Sarah Hayes dated as late as 20 September 1798 and later.  These accounts mention three of the sons: Stephen, Jesse, and Samuel.  The 1800 census shows Sarah Hayes with one male and three females all aged 16-26.

    We assume that his children were named in the will in the order of their birth.

    1. Samuel Hayes (c1768 – aft1850) He was on of two Samuel Hayes in Granville County. This Samuel Hayes appears to be the one listed in 1800 six names from his brother Jesse (both 26-45) and in 1810 two names from Jesse (both still 26-45).  Note that Joseph Hayes’ will had given adjoining tracts to Samuel and Jesse.  He continues to be listed in the Tabb’s Creek area through 1850, when his age is given as 82. I have not pursued his children, but one was the Catherine Hayes who married Thomas L. King in 1822; Samuel gave a negro to his daughter Catherine King in 1826.39  He also made a deed of gift to his son Whitmell Hayes in 1828.40  And Samuel Hayes was apparently the father of a son named Joel Hayes who predeceased him in 1825.

      Samuel Hayes provided affidavits supporting two Revolutionary War pensions that help to clarify relationships.  In 1844, giving his age as 76, he testified in support of Mary Hayes application as widow of Henry Hayes [his uncle, though his affidavit omitted any relationship]. 41  In 1854, giving his age as 86, his affidavit in support of the pension application of James Weathers mentioned the service of “his uncle John Hayes… under Col John Henderson”.42

      He died in 1857, with Samuel L. Hayes posting an administrator’s bond on 2 November 1857 and executing inventories and an estate sale later the same month. 43  Apart from items identifying his wife as Elizabeth Parham , a widow he had married in 1837, the estate file contains no information about his children or heirs.

    2. Susannah Hayes She was called Susannah Hutchinson in her father’s will. There is a marriage bond for Joshua Hutchinson and “Mrs.” Susanna Hayes dated 15 March 1787. Despite the “Mrs.”, this may be her, as Joshua Hutchinson is enumerated adjacent to John Hayes in the 1810 census and witnessed the will of Joshua Hayes Sr.
    3. Jesse Hayes (c1773 – aft1850)  He inherited 120 acres from his father and, apart from 15 acres sold to his brother Samuel, seems to have remained on that land for several decades.  He married Judith Farrar by bond dated 4 August 1795 and a month later was security for the marriage bond of Peter F. Farrar and his sister Temperance Hayes.  He is in Granville censuses from 1800 through 1850 in the general area of Tabb’s Creek, his age recorded as 77 in 1850.   I did not find a probate record for him.
    4. Stephen Hayes (c1775?-?) He appears in the 1800 census as a single head of household aged 16-26, consecutive with his mother. He does not appear in 1810 or in later records.
    5. Temperance Hayes (c1781 – aft1850) She was unmarried when her father made her will in 1792, but was married by the time her grandfather’s will was proved five years later, having married Peter Field Farrar by bond dated 20 September 1795.   Records of the estate of Joshua Hayes refer to Peter F. Farrar as her husband. According to a book on the Farrar family, he was the son of William Farrar and Winifred Clark.44  Peter Farrar died about 1810, leaving Temperance and several children. Temperance was age 68 in the household of her son Obediah Farrar in the 1850 census of Chester County, South Carolina.
    6. Simeon Hayes (c1780? – 1829) He was likely the male aged 16-26 in his mother’s household in 1800. He married Mary (Polly) Hester by bond dated 5 October 1803. The 1810 and 1820 censuses show him with a largish family, aged 26-45 both years. He was dead by 4 January 1830 when his widow Mary Hayes filed an initial account as guardian of his four children.  (Henry Tatum, his administrator, filed the estate accounting a month later.)  Guardian records show that he left four minor children:  Francis Hayes (c1814 – ) came of age in late 1834 or early 1835, Sarah Hayes (? – 1838) died in 1838 not having reached maturity, Stephen Hayes, and Mary (Polly) Hayes.   There were older children who were not minors at his death.  His widow Mary Hayes died in 1839 and a 1844 petition regarding her estate indicates that her only living children were sons Stephen Hayes, Archibald Hayes, and Frank Hayes, and daughters Mary Tippett (wife of John Tibbett or Tippett) and Mildred Hobgood (wife of Henry Hobgood.  Another son,  Alfred Hayes, survived his father but was deceased by 1844.45  Mary was a legatee of her uncle Benjamin Hester, whose estate records confirm the names of her surviving children.  Archibald Hayes and Frank Hayes were living in Smith County, Tennessee at the time of the petition.  Alfred Hayes had died in 1838 leaving a widow named Emily and two small children named James Hayes and Elizabeth Hayes.
    7. Mary Hayes (c1770? – aft1830) She was the “Mary Inscore” mentioned in Joshua Hayes’ will. That will named a daughter Mary Wood, but also made a bequest to “Mary Inscore” who was his own daughter. The subpoenas mentioned above identify Mary Wood as a child of Joshua Hayes and Mary Inscore as a daughter of his son Joseph Hayes.  Mary Hayes married Reuben Inscore by bond dated 25 October 1792, a few months after the date of Joseph Hayes will mentioning his unmarried daughter Mary Hayes. Reuben Inscore appears in the 1800 and 1810 censuses of Granville County. The 1800 census shows his wife as age 16-25, consistent with Mary’s apparent age. However, the 1810 census shows a female 16-25 and a female over 45 in his household indicating either that Mary was dead or that one census or the other is incorrect. The 1830 Surry County census shows both Reuben and his wife as aged 60-70.
    8. Lucy Hayes She may have been the Lucy Hayes who married Thomas Dement by bond dated 7 January 1807.
    9. Levice Hayes She may have been the “Levijah” Hays who married William Blackley by bond dated 25 December 1808.
  2. Joshua Hayes (c1759 – aft1825) He was first taxed in 1784 as Joshua Hayes “Junior”, helping to clarify his approximate age.  He married Martha Lloyd by bond dated 12 March 1783, with his brother Henry Hayes as security. He is in the 1786 state census with an apparent son and two daughters, listed adjacent to his father.46  He is in the 1800 census of Granville County, aged 26-45, with two sons and one daughter. He was taxed in Granville on 144 acres as early as the mid-1780s, but was not actually deeded the land by his father until 10 March 1794.47

    There is evidence in family records that he was the same Joshua Hayes located in Knox County, Kentucky a few years later. He is on the 1806 tax list of Knox County,48 was issued a land grant in 180749 and appears in several records there, including the 1810 census.50

    He applied for a Revolutionary pension as a resident of Washington County, Indiana in 1823, giving his age as 64 and testifying that he enlisted in Granville County “sometime in the year 1781 or 1782” and served nine months.51  He declared that “he is indigent, infirm and helpless…that his family consists of himself and his wife Martha Hayes aged 60 years.” According to his statement, he was a farmer but had no farm, and was crippled in one foot and had lost the use of one arm.  His belongings were valued at barely more than $100.  The pension was denied on the basis that his service was in the militia rather than the regular army.  A marriage bond for Joshua Hayes and Martha Lloyd (as “Loyd”] is dated 18 March 1783 in Granville, with Henry Hayes bondsman and Reuben Searcy witness.  The 25 May 1792 will of Mary Lloyd gives one shilling to her daughter “Marthy Hase”.52  He was enumerated in the 1820 census of Washington County, Indiana with no children in the household.53  Nearby was his son Joshua Hays Jr.54  Although there were several children, only one is known to me:  Joshua Hayes (c1788 – 1867) who married Lydia Schull in Knox County on 15 July 1810 and appears near his father in the 1810 and 1820 censuses. According to descendants, he married twice more, having children by each marriage, and died in Sullivan County, Indiana.

  3. Henry Hayes (c1759 – 14 March 1815) He is erroneously claimed by some as a Henry Hayes of Wilkes County, North Carolina based on a mis-identification in the book mentioned above.55  According to an army enlistment record dated 25 May 1778 he was “about 18 years of age, 5 feet 6 inches high, of a med. complexion, a Planter.”56  Henry Hayes was not taxed in 1780 (perhaps not yet 21 or being in military service)) but does appear in surviving tax lists in the Fishing Creek district in 1782, 1784, 1785, and 1787-1791 as a single male poll.  He owned no land, and perhaps worked his father’s mill.  His father Joshua deeded him 50 acres “lying on the west side of Tabbs Creek being a part of my own tract” on 6 November 1792.57  Henry Hayes sold that land barely more than a year later on 10 February 1794 to his brother-in-law Noel Johnston. 58  Later records establish that he was the Henry Hayes who married Mary Payton [Peyton] by bond dated 1 October 1783 and who appeared in the 1786 Granville state census near his father with a wife and one daughter.59  The 1790 census is missing, but he was still in the same district for the 1790 tax list.

    Records of his father’s estate make it clear that Henry Hayes was still living in Granville County in 1797.  He was enumerated in the 1800 census of Granville County, aged over 45, with seven children.60  On 15 December 1806 he mortgaged his household furnishings and livestock, with his son Peyton Hayes a witness.61  Henry Hayes is in the Granville 1810 census as well, with his oldest son Peyton listed separately. 62  He died in Granville County in 1815 (see below), but I found no probate records for him.

    On 20 September 1843 in Cannon County, Tennessee his widow Mary Hayes, aged 74, applied for a widow’s pension based on Henry Hayes’ Revolutionary War service which she believed to have included three years as a soldier and two years as a substitute.63  She stated that she married Henry Hayes in October 1783, that he died on 14 March 1815, and that she possessed a Prayer Book in which was written the births of their children.  Her sons Henry Hays and John Hays supported her testimony, adding that Henry Hayes lived and died in “Gravel” [Granville] County, North Carolina.  A copy of the prayer book’s pages were included in the pension file, listing the following children.  The oldest son Peyton Hayes evidently possessed the book at the time, which also listed his marriage to Sally Richerson on 15 April 1811 and the birth of his child Elizabeth F. R. Hayes in 1814.64

    1. Peyton Hayes (4 June 1784 – )
    2. James Hayes (12 November 1786)
    3. Betesy(sic) Hayes (29 November 1788 – )
    4. Thomas Hayes (20 May 1792 – )
    5. Sally Hayes (17 September 1795 – )
    6. Hardy Hayes (20 November 1796 – )
    7. Nancy Hayes (3 February 1799 – )
    8. Henry Hayes (12 October 1800 – )
    9. Mary Hayes (9 December 1802 – )
    10. John Hayes (1 February 1805 – )
    11. Fanney Hayes (21 March 1808 – ) “wrote by Peyton Hayes”
  4. John Hayes (30 November 1764 – 1849)  See separate page.  At one time I believed this man to be the father of my ancestor Solomon Hayes.  The separate page explains my error.
  5. Patience Hayes (c1750s? – )  She was identified as an heir of Joshua Hayes, though not explicitly identified as a daughter.   Joshua Hayes’ estate records tell us she was married to Thomas Johnston by 1797.  There were two Thomas Johnstons in the 1800 Granville census, this one being located in Tabb’s Creek district.  His will was dated 22 September 1806 and proven later that year at the November court.65  The will left the plantation and most of the estate to his wife Patience for life, with legacies and/or reversions to daughters Sally, Patience, Mildred Davis, and Mary Marlen, and to sons William, Thomas, John, and “Isack”.  Patience Johnston appears in the 1810 census in the Tabb’s Creek district, near several of her presumed brothers and sisters. The household consisted of two males and two females, all 16-26, and one female over 45.
  6. Catherine Hayes (c1750s? – ?) Like Patience, she was not explicitly identified as a daughter by Joshua Hayes will, and may have been a daughter of Joseph Hayes. She was the wife of Noel Johnston (or Johnson). Noel Johnston appears in the 1786 state census for Tabb’s Creek, and in the 1800-1820 censuses. According to descendants, they were the parents of at least one child born by 1781 (James H. Johnston), thus were apparently married by 1780 or so. Other children were Aaron, Noel, and Joshua according to these descendants.
  7. Sarah Hayes (? – ? ) was called “Sarah Davis” in her father’s will. (Some have read this name as “Dawson” but it is clearly written as “Davis” in the original records.)
  8. Mary Hayes (? – ? ) Her father’s will calls her “Mary Wood”, as does a summons in the estate file.  Her husband’s identity is uncertain.  There does not appear to be a marriage bond in Granville county for her.
  9. Hannah Hayes (? – ? ) was called “Hanah Howel” in her father’s will.
  10. Olive Hayes (? – ? ) was variously called “Oliff Moore” in her father’s will and “Olive Moor” in the estate records. The identity of her husband is unknown.
  11. Selah Hayes (? – ? )  Her name appears twice in her father’s will as “Selah” though it is not clear if that was a version of “Selvah”.  She was the “Sella Hayes” who married Hickman Floyd by bond dated 27 December 1799, with John Hayes the bondsman. There is a Hickman Floyd in the 1800 and 1810 census of Granville County, with an apparent wife and no children. The female in the household was 26-45 in 1800 and over 45 in 1810.
  12. Patty Hayes She was unmarried in 1797, and there does not appear to be a marriage record for her in Granville County.
  1. Hayes and Allied Families, Charles Clifton Hayes gives Joshua Hayes a birth date in 1741 in Pennsylvania, though we know he was born two decades or more earlier. []
  2. Northampton County Deed Book 1, page 264. 50 acres was part of a 1719 patent to Rebecca Braswell and 160 acres from a 1742 patent to Benjamin Williams. []
  3. Northampton County Deed Book 1, also on page 264-5. This was part of the 1742 Williams patent. []
  4. Northampton County Deed Book 1, page 104-5. A deed from James Joyner of Edgecombe County to Samuel Hayes of Northampton County dated 10 January 1743/4 for 50 acres originally granted to Rebecca Braswell on 1 March 1719/20. []
  5. On 1 March 1719/20 Rebecca Braswell was granted 530 acres on the line between Southampton County, Virginia and Bertie County, North Carolina and bordering the Meherrin River.  She later married William Wilson, who sold half of her patent to Thomas Clark and half to Samuel Eldridge a few years later.  Samuel Eldridge sold his half to Benjamin Williams in 1734.  Part of Thomas Clark’s tract ended up in the hands of James Joyner and then Samuel Hayes.  Benjamin Williams enlarged his holding with a grant dated 7 May 1742. []
  6. All three tracts bordered either the “old country line”, (meaning the pre-1728 resurveyed border that would have bordered Braswell’s patent) or the “new country line” (meaning the post-1728 Virginia-NC border that bordered the Williams patent), the banks of the Meherrin River (including the point where the state line crosses the river), Thomas Boykins’ line (which bordered the Braswell patent), a road that crosses the state line, and the Cowpen Branch.  There is only one location that fits these descriptions. []
  7. Northampton County Deed Book 1, also on page 265-6. []
  8. Northampton County Deed Book 2, page 58-59. Her name around the signature mark was written as “Silvia”. []
  9. Northampton County Deed Book 2, page 104. []
  10. Northampton County Deed Book 3, page 122. []
  11. Northampton County Deed Book 3, page 215. []
  12. Ibid. []
  13. Northampton County Deed Book 2, page 81 and Deed Book 2, page 175-6, respectively. []
  14. Granville Grant to Samuel Hayes for 700 acres 26 November 1761. []
  15. Northampton County Deed Book 6, page 248. []
  16. Northampton County Deed Book 4, page 77-8. []
  17. Northampton County Will Book 2, pages 129-130. []
  18. After the widow’s death the still was to be sold and the proceeds divided “among my five last mentioned children”, clarifying that the three women and two deceased sons were children. []
  19. Historical Southern Families, Vol. XV, pp 172. []
  20. Granville County Deed Book H. page 224. []
  21. Granville County Deed Book M, page 84. []
  22. Granville County Deed Book O, page 298. []
  23. Granville County Deed Book N, page 139. []
  24. Granville County Deed Book P, page 50. []
  25. Granville County Deed Book Q, page 33. []
  26. Abstracts of Granville County, NC, “Unrecorded Wills 1746-1771”, p9. []
  27. Granville County Deed Book F, page 143-4, a deed by Jonathan White dated 13 May 1763. []
  28. Granville County Court Minutes 1796-1799, page 233. []
  29. Granville County Will Book 4, pages 132-133. []
  30. Granville Estate Records, NC Archives (loose papers), call number CR 044.508.77 []
  31. Ibid. []
  32. Minute Book 1796-1799, p201 as abstracted in Abstracts of Granville County, NC, p152. []
  33. Minute Book 1796-1799, p223 as abstracted in Abstracts of Granville County, NC, p153. []
  34. Granville County Will Book 4, pages 132-133. []
  35. Granville County Deed Book O, page 179. []
  36. Granville County Deed Book N, page 129. []
  37. Revolutionary Pay Vouchers, North Carolina Archives.  “…as Commissioner of the County aforesaid [Granville] I have purchased from Joseph Hayes thirteen bushels of oats [for] 6½ Spanish milled dollars…” Signed: Phillip Ness, Co Commissioner. []
  38. Granville County Will Book 3, page 13-14. []
  39. Granville County Deed Book 3, p112. []
  40. Granville County Deed Book 4, p224. []
  41. Pension File #W14. []
  42. Pension File R11232. []
  43. Granville County Loose Estate Records, file marked “Samuel Hayes 1857” []
  44. Some Farrar’s Island Descendants, James S. Farrior and Alvahn Holmes (1979). []
  45. Loose estate records for Granville County, NC Archives. []
  46. 1 male 21-60, 1 male under 21 or over 60, 3 females.  He is listed as Joshua Hayes Jr., adjacent to Joshua Hayes Sr. []
  47. Granville County Deed Book P, page 50. []
  48. Listed adjacent to Willis Hays, perhaps a son. []
  49. The Kentucky Land Grants, Volume 1 “ Grants South Of Green River 1797-1866”, p328. []
  50. Household: 00001-01001, near his son Joshua Hays Jr. 10100-00100. []
  51. Pension File R4792. []
  52. Granville County Will Book 3, page 33. []
  53. Joshua Hays Sr.’s household: 000001-00001. []
  54. Joshua Hays Jr. 310010-00100. []
  55. See Hayes and Allied Families, Charles Clifton Hayes. []
  56. A description list of six men raised under the present Act of Assembly in Capt. Saml Fowler’s Compy No. 2.”, found among loose Granville County papers in NC Archives. []
  57. Granville County Deed Book N, page 139. []
  58. Granville County Deed Book P, page 106. []
  59. He is listed 25 names from his father, as Henry Hayes Jr.  Henry Hayes Sr., perhaps relative, is listed consecutively with Joshua Hays Sr. and Jr. []
  60. Henry Hayes:  31001-21010 []
  61. Granville County Deed Book T, page 135. []
  62. Household:  31101-30010.  This census includes a land holding, Henry Hayes being shown with 100 acres. Peyton Hayes was listed separately. []
  63. Pension #W14. []
  64. Peyton Hayes married married Sally P. Richardson in Granville County by bond dated 4 April 1813 with James Hayes the bondsman. The 1825 will of Francis Richardson gives his estate in trust to his sister Sarah Hayes, apparently the same person. []
  65. The Wills and Estate Records of Granville County, North Carolina 1746-1808,  Zae Hargett Gwynn (Joseph W. Watson, 1973) page 298. []