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Dare County Wills
I William M. Hays of the County of Dare and state of North Carolina being of sound mind and memory but considering the uncertainty of my earthly existance do make and declare this my last will and testament in manner and form following that is to say first that my executer herein after named shall provide for my body a decent buriel suitable to the wishes of my relation and friends, and pay all funerel expences together with my just debts whomsoever and to whosoever owing out of the money that may first com into his hands as a part or parsel of my estate.
Item 1st - I give and devise to my three children equal my canoe and fishing materels with fourteen head of sheep three head of horses.
Item 2nd - My will and desire is that all the residue of my estate if any after taking out the devises and legacies above mentioned shall be equally divided between my three children to wit Margaret Isaac and Lovie.
And lastly I do hereby constitute and appoint my trusty father Wm. Hays my lawful executor to all intents and purposes to execute this my last will and testament according to the true intent and meaning of the same and every part and clause thereby revoking and declaiming certainly wice? all other wills and testaments by me heretofore made.
In witness whereof I the said William M. Hays do hereunto set my hand and seal, this the 31st day of May A.D. 1877.
/s/ William M. Hays Seal
Signed and sealed published and declared by the said William M. Hays to be his last will and testament in the presents of us who at his request and in his presents do subscribe our names as witnesses thereto.
Major C. Pugh
Dare County in the Probate Court
A paper writing purporting to be the last will and testament of William M. Hays Dec is exhibited before me the undersigned judge of Probate in and for said County, by William Hays executor therein named, and the executor [sic] thereof by the said William M. Hays by oath and examination [of] Samuel Baum and of Major C. Pugh the subscribing witnesses thereto who being duly sworn doth depose and say and each for himself deposeth and saith that he is a subscribing witness to the paper writing now shown him purporting to be the last will and testament of William M. Hays. That the said William M. Hays in the presents of these deponents subscribed his name at the end of said paper writing which is now shown as aforesaid and which bears date on the 31st day if May 1877, and the deponents further saith that the said William M. Hays the testator as aforesaid did at the time of subscribing his name as aforesaid declare the said paper writing so subscribed by him and exhibited to be his last will and testament and these deponents did therefore subscribe their names at the end of said will as an attesting witness thereto and at the request and in the presents of the said testator and these deponents further saith that at the said time when the said testator subscribed his name to the said last will as aforesaid, and at time of the deponents subscribing his name as and attesting witness thereto as aforesaid, the said William M. Hays was of sound mind and not under any restraint to the knowledge and information of belief of these deponents, and further these deponents say not.
Major C. Pugh
Severally sworn and subscribed this 3 day of June 1878 before me
W.D. Chaddick, CSC
Note: William M. Hayes, son of William M. Hayes, Sr. & Margaret "Peggy" Etheridge, was born in NC on Aug. 6, 1846 and died Sept. 17, 1877. He married Frederick Ann "Fredanna" Andrews and they had 4 known children: Alfred Thomas Hayes (1868-1870), Margaret Elizabeth "Maggie" Hayes (1870-1894) married Major Cornelius Pugh, Isaac Clarence "Ike" Hayes (1872-1945) married Nellie Jane Mann, and Lovie Smith Hayes (1875-1922) married Benj. Franklin Midgett, Sr. William, as well as his parents and 2 of his children are buried in the Homer Cemetery in Manteo.
This will was transcribed by Kay Midgett Sheppard. No part of this document may be used for any commercial purposes. However, please feel free to copy any of this material for your own personal use and family research. If you find anything in these records that pertains to your families, it is strongly suggested that you look at the original record on your own to check for errors or possibly other additional and helpful information.