Peter Hayes Will in Halifax 1761

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Peter Hay wrote his will in Halifax in North Carolina Province 3 August 1760 and it was proved March 1761 and ordered to be recorded.

WILL OF PETER HAY

In the name of God, Amen. The 3rd day of August in the year of our Lord God, 1760, I, Peter Hayes, of the Province of North Carolina in the County, being sick and weak in body but of a perfect mind and memory thanks be to God, therefore calling to mind the mortaility of my body knowing that it is appointed for all men once to die do make and ordain this to be my Last Will and Testament.

First of all, I give my Soul unto the hands of God that gave it to me as for my body, I commit to the Earth to be buried in a descent manner at the discretion of my Executor not doubting but at the general resurrection to receive the same again by the power of God and as touching such estate where it hath pleased Almighty God to bless me within this life, I give the same in this form and manner.

Item: I give unto my son Charles Hayes five shillings.

Hannah

Item: I give unto my daughter Rebecca Emery five shillings

Edy Phillips

Item: I give unto my daughter Siler (Selve?) Hayes five shillings.

Item: I give unto my daughter Winny Hilliand five shillings.

Item: I give unto my daughter Milly Hayes five shillings.

Item: I give unto my daughter Willy five shillings

And as for all and every other part of my Estate, I give to my wife Martha Hayes whom I appoint my Executor of this Will and Testament as witnessed my hand and seal the day and year above mentioned.

William (X) Rogers Peter (his mark) Hayes SEAL Ruben (X) Hayes

Halifax County March 1761

This will was exhibited in open court and proved by the oath of Ruben Hayes – And of the subscribing witnesses and on ??? ordered to be recorded at the same time Martha Hayes, the Executor, therein married appeared in court and who duly qualified according to law.

Test: J Montfort

SOURCE:

Halifax Wills, Volume 1. P. 24

Another interpretation of Peter Hays's will excludes Reuben as a son: Peter Hays in Halifax County left a will dated 3 August 1760 and proved at March Court 1761. He left five shillings each to his children (named in this order) Charles Hays, Hannah, Rebecca Emry, Edy Phillips, Selve Hays, Winny Hilliard, Milly Hays, and Willie Hays. Wife Martha Hays was named executrix. The will was witnessed by a Reuben Hays who was probably not a son. It is unusual for a legatee to also be a witness; a witness relinquished his rights to a share of the residual estate.[See Halifax County Will Book 1, page 24]^[1]

Another Transcription

WILL OF PETER HAYES

In the name of God, Amen. The 3rd day of August in the year of our Lord God, 1760, I, Peter Hayes, of the Province of North Carolina in the County, being sick and weak in body but of a perfect mind and memory thanks be to God, therefore calling to mind the mortaility of my body knowing that it is appointed for all men once to die do make and ordain this to be my Last Will and Testament.

First of all, I give my Soul unto the hands of God that gave it to me as for my body, I commit to the Earth to be buried in a descent manner at the discretion of my Executor not doubting but at the general resurrection to receive the same again by the power of God and as touching such estate where it hath pleased Almighty God to bless me within this life, I give the same in this form and manner.

Item: I give unto my son Charles Hayes five shillings.

Item: I give unto my daughter Rebecca Emery give shillings

Item: I give unto my daughter Siler Hayes five shillings.

Item: I give unto my daughter Winny Hilliand five shillings.

Item: I give unto my daughter Milly Hayes five shillings.

Item: I give unto my son Ruben Hayes five shillings.

And as for all and every other part of my Estate, I give to my wife Martha Hayes whom I appoint my Executor of this Will and Testament as witnessed my hand and seal the day and year above mentioned.

William (X) Rogers Peter (his mark) Hayes SEAL Ruben (X) Hayes

Halifax County March 1761

This will was exhibited in open court and proved by the oath of Ruben Hayes – And of the subscribing witnesses and on ordered to be recorded at the same time Martha Hayes, the Executor, therein married appeared in court and who duly qualified according to law.

Test: J Montfort

SOURCE:

Halifax Wills, Volume 1. P. 24