Bullitt County History

William H. Hays' Last Will and Testament - 1897

William H. Hays wrote his last will and testament on 1 Sep 1896, and added codicils to it the following year. His will was recorded in the will book on 24 Jun 1897.

W. H. Hays married Nancy Neill in Hardin County on 14 Jul 1835. The family was in Hardin County in the 1850 and 1860 census, and in Bullitt County in 1870. Their children included Thomas H. Hays, James Clay Hays, Nancy Kate Hays, and William H. Hays, as shown in these census records.

1850 Hardin County Census
household 600
William H. Hays - 37 M, farmer, born KY
Nancy Hays - 39 F, born KY
Thomas H. Hays - 13 M, born KY
James C. Hays - 9 M, born KY
Nancy K. Hays - 1 F, born KY
Phebe Neill - 74 F, born KY or VA

1860 Hardin County Census
household 475/471
Wm H. Hays - 47 M, farmer, real estate: $10,000, personal estate $20,000, born KY
Nancy Hays - 48 F, born KY
Thomas Hays - 22 M, born KY
James C. Hays - 19 M, born KY
Kate Hays - 11 F, born KY
Wm. H. Hays - 9 M, born KY

1870 Bullitt County Census, Pine Tavern District
household 223
Hays, W. H. - 57 M W, farmer, real estate: $50,000, personal estate $10,000, born KY
Hays, Nancy - 58 F W, keeping house, born KY
Hays, W. H. - 19 M W, at home, born KY
Hays, Kate - 20 F W, at home, born KY
Cochran, Sylvia - 45 F B, domestic servant, born KY
Cochran, Charles - 21 M B, farm laborer, born KY
Hays, John - 22 M M, farm laborer, born KY
Curd, Horace - 18 M M, farm laborer, born KY

Kate Hays married Wiley H. Wilson on 1 Jun 1871 in Bullitt County. Kate Hays Wilson, daughter of William H. Hays and Nancy Neil, widow of Dr. Wiley Wilson, died 25 Sep 1927, age 79.


Bullitt County Will Book J, Pages 218-221

I W. H. Hays of Bullitt County, Kentucky do make and publish the following as my last will and testament.

1st. I give and devise to my beloved wife for and during her natural life, the house and improvements in which we live, including all that part of the home place south of line running about east and West with the line of fence on the south side of the fence called the bluegrass field and 150 acres called the peach orchard tract, and at her death to my daughter Kate Wilson, but in the event, she should die without having lawful issue of her body living, then said lands shall descend to my heirs at law.

Said lands shall be charged to her at the sum of $7000.

2nd. I give and devise to the children of my son, William H. Hays a tract of land in Hardin County, Kentucky lying on Salt River now in the possession of my said son, William H. Hays containing 332 acres; but my daughter-in-law, Kate B. Hays, wife of my said son, William H. Hays shall have the use, rents and profits of said land for and during her natural life; and in the event, she should die before her said husband, William H. Hays then I request my grandchildren to give to their father, the said William H. Hays the use, rents and profits of said land as long as he may live.

Said land shall not be sold nor any part thereof be sold, divided or encumbered during the life of my said son, William H. Hays and his wife, nor before his youngest child shall have arrived at the age of 30 years.

I also give and devise to my son William H. Hays my gold watch; and I value said land and watch at the sum of $10,000; and same shall be treated as an advancement to him my said son, William H. Hays and charged to him at said valuation.

And in the event of the death of any of the children of my said son without issue, then the interest of such one shall go to the survivors.

3rd. I give and devise to my grandchildren, Caddie, Georgia, William, Nettie and Percie Hays, children of my son Thomas H. Hays, a tract of land lying on Rolling Fork in Hardin County, Kentucky, now in the possession of said Thomas H. Hays containing about 500 acres; and in the event of the death of any of them the interest of such one shall go to the survivors, but my daughter-in-law Georgia Hays, wife of said Thomas H. Hays, shall have the use, rents and profits of said land for and during her natural life; and in the event of the death of my said daughter-in-law, I request my said grandchildren to give to my said son Thomas H. Hays, their father, the rents and profits of said land as long as he may live.

And said tract of land, nor any part thereof shall not be sold, divided or encumbered during the life of my said son, Thomas H. Hays, and his wife, Georgia Hays, nor before the youngest of said grandchildren shall have arrived at the age of 30 years.

And I give and devise to my granddaughters, Lula Martin and Nannie Thweat, daughters of my son Thomas H. Hays the sum of $1000 each. I value the said 500 acres of land at the sum of $10,000 and said land and the $2000 to my granddaught Mrs. Lula Martin and Nannie Thweat shall be treated as an advancement to my son Thomas H. Hays and charged to him at the sum of $12,000.

4th. I give and devise to James Clay Hays in trust for the use and benefit of my grandsons William Hays and Richard Hays, sons of said James Clay Hays, and for the use and benefit of my grandson Harry Clay Hays, the son of said Richard, a tract of land lying on Rolling Fork in Hardin County adjoining the lands devised to the children of Thomas H. Hays, containing about 240 acres; and in the event of the death of either without issue, then the interest of such one shall go to the survivor or survivors. I value said land at the sum of $4800 but this is is not to be treated as an advancement to my son James Clay Hays.

The words "for and during her natural life" on line six of page 1, and the word "son" on line three, page 2, and the words "my said son William H. Hays" on line 25, page 2, and the "not" on margin of page 3, line 27, and the word "daughters" on the margin of page 4, line 6 were inserted before signing. In testimony whereof I have hereunto set my hand this 1st day September 1896 - and the words "on line 25, page 5 were inserted before signing.

(signed) W. H. Hays

Signed in oour presence by W. H. Hays, and witnessed and signed by each of us at his request in his presence and in the presence of each other. David H. Hibbs, J. F. Combs.

Codicil

I give and devise to my wife all my household and kitchen furniture, all pictures, tableware, silverware, and personal property in and about my house. At her death, I desire the silverware to go to my daughter, Kate Wilson, and my portrait at the death of my wife shall go to my daughter Kate Wilson.

(signed) W. H. Hays
Witnessed by David H. Hibbs, J. F. Combs

Codicil

1. I W. H. Hays give and devise to my wife a filly called Lucy Walker.

2. I devise to my grandson Harry Clay Hays a filly called Laura Bell. I devised to my said grandson 50 acres to be taken out of the bluegrass field and to adjoin the land devised to my wife, and to lie in part upon the county road, and to be laid off in as convenient a shape as may be so as to injure the shape of other lands as little as possible.

3. I give and advise my brood mares and yearling colts to my four children. They shall be divided by execution into four lots as nearly equal as possible, and awarded by lots drawn by said children.

I appoint H. G. Hays as executor of my last will and testament this 4 day of March 1897.

(signed) W. H. Hays
Witness: J. F. Combs, M. M. Sutherland

State of Kentucky
Bullitt County Sct
I H. B. Tilden, clerk of the Bullitt County Court, certify that the foregoing last will and testament of W. H. Hays was on May 10th 1897 filed in open court and continued, and on June 14th 1897 it was produced in open court and proved by the oaths of J. F. Combs, David H. Hibbs and M. M. Southerland to have been signed and acknowledged by W. H. Hays in their presence to be his last will and testament; that they attested same in his presence at his request and in the presence of each other, full capacity of mind of said testator at the time of making said will was also proved and same being fulling proven as required by law is admitted to probate and ordered to be recorded as the last will and testament of W. H. Hays which with this certificate I have truly recorded in my office this 24th day of June 1897.

(signed) H. B. Tilden, clerk


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The Bullitt County History Museum, a service of the Bullitt County Genealogical Society, is located in the county courthouse at 300 South Buckman Street (Highway 61) in Shepherdsville, Kentucky. The museum, along with its research room, is open 10 a.m. to 4 p.m. Monday through Friday. Saturday appointments are available by calling 502-921-0161 during our regular weekday hours. Admission is free. The museum, as part of the Bullitt County Genealogical Society, is a 501(c)3 tax exempt organization and is classified as a 509(a)2 public charity. Contributions and bequests are deductible under section 2055, 2106, or 2522 of the Internal Revenue Code. Page last modified: 12 Sep 2024 . Page URL: bullittcountyhistory.org/bchistory/wh-hays-will1897.html