David Hays (1772 - 1848)

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Place of Burial: Westfield Twp, Essex Co, NJ
Birthplace: Westfield, Union Co., NJ
Death: Died in Starkey, Yates Co., NY
Managed by: Terrill Hayes
Last Updated:

About David Hays

David Hay -- by Terrill Hayes

David Hay is one of the heirs of Ephraim Hay listed in his Will. According to Stanford Canning's "History and Directory of Yates County," Town of Starkey, page 925, David "was born in New Jersey in 1772, (a son of Ephraim Hay and Mary Terril his wife,) and married there Mary, sister of Benjamin and Levi French. She was born in 1778.

According to Aldrich, David Hay and his family were among the earliest settlers from New Jersey to Starkey, New York, arriving in 1804. They settled at Eddytown with or near Benjamin French, on the same lot in 1808. Afterwards, they moved a mile west of Eddytown, where they lived until his death in 1847. She survived him till 1868, dying at ninety. Their children were Betsey, Joel, Sally, Benjamin, Levi, Rachael, Ephraim, and David F."

His birth in 1772 makes David the first known child of Mary Terrill and Ephraim Hay.

According to "Documents Relating to the Colonial History of the State of New Jersey, Essex Co Clerk's Marriage Records 1795-1801," Mary French and David Hays, both of Westfield, were married by William Van Horne, minister of the Scotch Plains Baptist Church, Essex County, New Jersey.

The 1810 town of Reading, Steuben Co., NY Census, page 401, lists the following for David Hayes: Two males to age 10, one male aged 10 to 16, one male aged 26-45; one female to age 10, two females aged 10 to 16, one female aged 26 to 45. There are listings in Reading, also, for James Hayes (probably his brother) and his brother-in-law, Levi French. (Steuben County was part of Yates County in 1810. Reading is now part of Schuyler county.)

The 1820 census for Reading, Steuben County, New York, lists the following family for Davide Hayse: Four free white males under ten years; one free white male of ten and under sixteen; no free white males between sixteen and eighteen; no free white males of sixteen and under twenty-six, including heads of families; no free white males of twenty-six and under forty-five, including heads of families; one free white males of forty-five and upwards, including heads of families.

No free white females under ten years; no free white females of ten and under sixteen; one free white female between sixteen and eighteen; one free white female of sixteen and under twenty-six, including heads of families; no free white females of twenty-six and under forty-five, including heads of families; no free white females of forty-five and upwards, including heads of families. One foreigner not naturalized.

Families of Ephraim, Jr., James, and John Hays are listed on previous pages.

By 1825, David has settled in or near Starkey, where he continues to live until his death in 1848. He is listed in the census for Starkey, Yates County for the following years: 1825, 1830, 1835, and 1840. The census for Starkey for 1845 is missing. Some listings are for David Hay, some for David Hays, and some for David Hayse.

An index of "Deeds Transmitted from Ontario County 1788 - 1823," "Grantee from Grantor Index F - H," includes the following entry, "Hays David &c // John Plimton // 1 // 84." An index of "Deeds Transmitted from Steuben County 1796 - 1826," "Grantee from Grantor Index E - H," includes the following entries, "Hay David // C Wilkes & L Simond // 2 // 337" and "Hay David // C Wilkes & L Simond // 2 // 335."

David's Will is filed in Yates Co., NY, in the Surrogate Court Records: Hayes David, 1848 11E. It names Mary, Joel & Benjamin Hayes; Mary Ann & George Culver; Willis, David & Levi O'Neil; Betsey & Bartholomew Tarney. The following is certified as a "true copy" of the proofs and the Will, transcribed from a photocopy of the handwritten records of the Surrogate Court of Yates county:

Pages 585-587:

Will

The last will and Testament of David Hayes of the town of Starkey County of Yates and state of New York made this 24th day of February in the year of our Lord one thousand eight hundred and forty eight. Considering the uncertainty of this mortal life being at the same time of both sound mind and memory (Blessed be Almighty God for the same)

Do make and Publish this my last will and testament in manner and form following:

That is to say I give and bequeath to my beloved wife Mary the whole use of the farm on which I now reside containing about one hundred and ten acres of land as long as she lives.

I also give to my son David F Hayes at the death of my wife the above named farm upon the following conditions:

First that he is to pay to my Daughter Betsey Tarney the sum of two hundred dollars when she calls for it (and should she not call for it then and in that case pay it over to her heirs if called by her authority) if she is living and capable of managing her business. If incapable or dead then to go to her heirs but not at his disposal in any sense of the word. Likewise it is my will and I give and bequeath unto my daughter Betsey above spoken of that lot of land that they now live on to be at her disposal only and no other individual so long as she shall live, and after her death to go to her children, but the use of it to be appropriated for his support should her husband Bartholomew Tarney outlive her.

3rd He is to pay to my son Joel Hayes two hundred dollars

4th He is to pay my grandaughter Mary Ann the wife of George Culver one hundred dollars to be at her own disposal exclusively and to no other individual but if she should die and have no heirs then to go to David and Willis O Niel her brothers.

5th Also to David and Willis O Neal my grandsons one hundred dollars each.

6th Also to my son Benjamin Hayes three hundred dollars

The above named legacies he is to pay in three years with interest for two years only from the death of my wife, and I further give and bequeath unto my wife all my Personal property after all my debts and funeral charges are paid. And I hereby appoint my son Joel and David F. Hayes my sole executors hereby revoking all former wills by me made. In witness whereof I have hereunto set my hand and seal the day and years above mentioned.

                                                            His

Signed and sealed David x Hayes

                                                           Mark

Isaac P. Seymour Starkey Yates County

Hiram Titsworth Starkey Yates County

State of New York

Yates County

Surrogate Court SS: I certify that at a Surrogates Court held in and for the County of Yates at the Surrogates Office in the village of Penn Yan on the fifteenth day of July in the year one thousand eight hundred and forty eight the foregoing written Will was duly showed and submitted to probate as the last will and testament of David Hayes deceased as a Will of real and personal estate.

In testimony whereof I have hereunto set my hand and affixed the seal of office of the said Surrogate at the place and on the day and year last aforesaid.

A Oliver Surrogate [SS]

I certify the above to be a true copy of the original deed the 15th day of July 1848.

    A Oliver
         Surrogate

Pages 583-584

Yates County

Surrogate Court SS; Isaac P. Seymour now of the town of Starkey in said County of Yates being first duly sworn deposeth and saith that he saw David Hayes deceased subscribe the instrument now shown to him This deponent and which purports to be the last will and testament of the said David Hayes deceased bearing date the 24th day of February in the year of our Lord one thousand eight hundred and forty eight. That he heard the said David Hayes declare the same to be his last will and testament and that he this deponent did subscribe his name as a witness thereto at the request of the said David Hayes and in his presence. And further that at the time thereof the said David Hayes was of sound mind and memory of full age and not under any restraint. And further this deponent laith not.

Sworn and subscribed this fifteenth day of July 1848 before me: Isaac P. Seymour

A Oliver Surrogate.

Yates County Ss

Surrogate Court. Hiram Titsworth of the town of Starkey of said County of Yates being first duly sworn deposeth and saith that he saw David Hayes deceased subscribe the instrument now shown to him This deponent and which purports to be the last will and testament of the said David Hayes deceased bearing date the 24th day of February in the year of our Lord one thousand eight hundred and forty eight. That he heard the said David Hayes declare the same to be his last will and testament and that he this deponent did subscribe his name as a witness thereto at the request of the said David Hayes and in his presence. And further that at the time thereof the said David Hayes was of sound mind and memory of full age and not under any restraint. And further this deponent laith not.

Sworn and subscribed this fifteenth day of July 1848 before me: Hiram Titsworth

A Oliver Surrogate.

The foregoing proofs and examinations taken before me the Surrogate aforesaid at the time and place last aforesaid, and that depositions of the respective witnesses were by them respectively subscribed after having been carefully read over to them. And I the said Surrogate being satisfied upon the said proofs taken that the said will of David Hayes deceased was duly executed; that the said Testator at the time of executing the same was in all respects competent to devise said estate and to bequeath personal property and not under any restraint -- Do therefore allow the said will proofs and examinations to be recorded. [Illegible] Andrew Oliver Surrogate as aforesaid the day and year last aforesaid.

         A. Oliver Surrogate

I certify the above to be a True Copy of the original deed this 15th day of July 1848

         A Oliver
                   Surrogate

The following is an affidavit about the notice to appear published in Albany, NY:

State of New York, City and County of Albany:

William G. Bishop, of the city of Albany, being duly sworn, says that he is the foreman in the office of the Albany Argus, the State paper, and that the notice, of which the annexed is a printed copy, has been regularly published in said Albany Argus, once in each week, for six weeks successively, commencing on the second day of June 1894:

The people of the state of New York, by the grace of God free and independent, to Mary Hayes, widow of David Hayes, late of Starkey, deceased, Joel Hayes of the same place, Mary Ann, wife of George Culver, and Willis O'Niel, both of Woodhull, David O'Neil of Reading, and Betsey, wife of Bartholomew Tarney of Bath in the county of Steuben, N. Y., Benjamin Hayes of Little Valley, Cattaraugus county and state aforesaid, and Levi O'Neil, whose particular place of residence cannot be ascertained after diligent inquiry, but who is supposed to reside somewhere in the southern or western states, send greeting:

You and each of you are hereby cited and required personally to be and appear before our surrogate of the county of Yates at his office in the village of Penn Yan on the 15th day of July next, at 10 o'clock in the forenoon of that day, then and there to attend the probate of a certain instrument in writing, purporting to be the last will and testament of David Hayes, deceased, and bearing date the 24th day of February, eighteen hundred and forty-eight, on application of David F. Hayes, claiming to be the executor thereof; which said will relates to real and personal estate.

In testimony whereof, we have caused the seal of office of our said surrogate to be hereunto affixed. Witness, A. Oliver, surrogate of the said county of Yates, in said county, at the village of Penn Yan, the 13th day of May in the year of our Lord, one thousand eight hundred and forty-eight. A. Oliver, Surrogate.

The Will is dated February 24, 1848 and was probated July 10, 1848. The place of burial is not known at this time.

Sources:

________

1. History of Yates County, page 370, Lewis Cass Aldrich, Syracuse, NY, D. Mason, 1892.

2. History of Yates County, pages 925-926, by Stanford Canning

3. Research of Grace Hayes Jones, DAR

4. Research of Lenore H. Geller, DAR

5. Surrogate Court Records, Yates Co., NY

6. Census records, 1810, 1820, 1825, 1830, 1835, 1840 Yates County, NY

7. "Documents Relating to the Colonial History of the State of New Jersey, Essex Co Clerk's Marriage Records 1795-1801," The Marriage Ceremony. Divorces by the Court of Chancery

8. Tax rolls, Somerset Co., NJ

9. Surrogate Court Records, Steuben County, NY

10. Yates County Historical Office, NY

Copyright (c) 2001, 2002, 2010 Terrill G. Hayes, Mt. Vernon, WA

All Rights Reserved

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David Hays's Timeline

1772
1772
Westfield, Union Co., NJ
1796
October 2, 1796
Age 24
Scotch Plains, Westfield Twp, Essex Co., NJ
1796
Age 24
Westfield Twp, Essex Co, NJ
1797
1797
Age 25
Essex Co., NJ
1799
1799
Age 27
Union Co., NJ
1801
1801
Age 29
Union Co., NJ
1809
1809
Age 37
Starkey, Yates Co., NY
1811
1811
Age 39
near Eddytown, Yates Co., NY
1813
1813
Age 41
near Eddytown, Yates Co., NY
1814
1814
Age 42
Reading, Schuyler Co., NY