Family Stories

1806 Will and Codicil of Robert Hayden

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 In the marriage records of Washington County, Kentucky, I find a Robert Hayden who married Eleanor Howard March 20, 1795.  A second marriage for Robert Hayden to Elizabeth Hill, February 21, 1805.  This could very likely be the Robert Hayden below.  He probably came from Maryland, possibly the son of Basil Hayden.  Since his second marriage lasted only 18 months before his death, there were likely no children from this marriage, and why he appointed his brother, Stanislaus Hayden, as guardian to his children.  The name of the middle child is very hard to read, but I believe it is Ansalom.

Will and Codicil of Robert Hayden

November 1806

Washington County, Kentucky

Will Book A, Pages 414-416

In the name of God, amen. I, Robert Hayden, of the County of Washington and state of Kentucky, being sick, but of sound memory and understanding, do constitute and appoint this to be my last will and testament in manner and form as follows. My soul I resign to my creator who gave it me, and as to worldly goods, after all my just debts be paid, it is my will that my estate shall be managed by my brother, Stanislaus Hayden as the law directs, as I leave him sole Executor to my estate and no security to be required of him for his performance. I also leave my said brother, Stanislaw, guardians to my three children, Sarah, Ansalom and Maria, and it is my wish that he shall raise them. My brown or dark bay mare, Bomza, is not to be considered in my estate as I have already disposed of her to Rev. Mr. Edward Samuels for church purposes. And in testimony of this my last will I do hereunto set my hand and fix my seal this 20th day of August 1806.

Robert Hayden

Witnesses present – John Lancaster, Charles Gough and Robert Constable

At a County Court held for Washington County the third day of November 1806.

This will was proved by the oaths of John Lancaster, Charles Gough and Robert Constable, three of the subscribing witnesses thereto and ordered to be recorded. And the motion of the Executor therein named who made oath and executed and acknowledged bond as the law directs, a certificate is granted him for obtaining a probate thereof in due form.

Teste. John Reed

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Whereas to all appearances Divine providence is about to put a period to my existence and being desirous to put my worldly affairs in actuation most agreeable to my kind, and for this purpose a few days ago made my last will and testament and thereby appointed my beloved friend and brother, Stanislaus Hayden my whole and sole Executor, who is also appointed a guardian to my three children by my first wife. It being therefore my further will and desire that my negro boy named Sam be hired out by my said Executor by private bargain or if he should choose to keep him himself on his plantation he shall be at liberty so to do at a reasonable price and he may if he leases have the terms fixed by two disinterested men that being a matter of some concern to me. I therefore wish my Executor not let him to any person who in his opinion will not treat him well, and bring him up in a Christian and proper manner, cloth him well and pay his taxes and the profits arising from his hire to go as the law directs. In testimony whereof I, Robert Hayden, of Washington County do make and ordain this an addition to my last will and testament this 25th day of August 1806.

Robert Hayden

Witnesses present – Joseph Medley, Ignatius Medley

At a county Court held for Washington County the third day of November 1806.

This Codicil was proved by the oaths of Joseph Medley and Ignatius Medley, by two of the subscribing witnesses thereto and ordered to be recorded.

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