Hayes Records in Duplin & Sampson Counties to 1820

Note: I collected these records at the request of a correspondent in December 2020.  Duplin and Sampson suffered significant records loss, although deeds and wills are thought to be complete.  Essentially all court records of Sampson wee destroyed in 1865.

31 Aug 1753
Patent:  To Robert Hays, 200 acres northwest side of Six Runs (see deeds below)

Six Runs Creek runs roughly north-south on the eastern side of present-day Sampson County. No idea  if this Robert Hays is connected to any other Hays families.

15 Oct 1755
Deed of Gift:  “Robert Hays father of Alitha Hays son of Robert Hays and lawfully begotten between the said Robert Hays and Elizabeth his wife”, of Duplin County, to “Alitha Hays son of the said Robert Hays and Elizabeth” for love and affection, 200 acres on northwest side of the six runs above Joshua Fewhawkes by James’s line..  Signed: Robert Hays (his mark). Witness: Jos. Baker.  [Sampson County Deed Book 2, page 317.]

15 Jul 1756
Deed: Belythia Hays of Bladen County to Davis Williams of Duplin County, for £30, 200 acres on the northwest side of the six runs (same description as 1755 deed to Alitha Hays)  “…being the same land patented by Robert Hays father of the said Belythia Hays… and given by the said Robert Hays deceased, to his dearly and well beloved son Belythia Hays” by deed of 15 October 1755.   Signed: Belythia Hays (his mark). Witness” John Jerrett, William Stevens.

I did not look for further records of this man in Bladen County.

12 Mar 1754
Muster Roll: Stephen Lee’s Company of Onslow County Militia
Char. Hay, Clk. Compa.
[Colonial and State Records of North Carolina, Vol. 22, page 339.]

Onslow County was adjacent to Duplin County. Is this the same Charles Hay who shows up in Duplin twelve years later?

14 Apr 1762
Land Grant: Charles Hay, 100 acres joining Jos. Register’s line on Juniper and [Havheiffell?] Branch in Duplin County.  Surveyed as 100 acres in May 1762. Plat is  nearly illegible but roughly square. [Ancestry.com. North Carolina, U.S., Land Grant Files, 1693-1960 (database on-line)]

22 May 1766
Deed: Daniel Fowler to Charles Hays, both planters of Duplin County, for £10 proclamation money,  120 acres on the west side of the Six Runs and on Crain Creek “beginning at a red oak and white oak by said creek” then N70E 45 chains to a white oak then  N to Buck Horn Branch and running down said branch to Crane Creek then up the said creek to said line then E 45 chains to center of two pines to a poplar on a branch then along said branch to a corner of two oaks a the first station. Signed: Daniel (his mark) Fowler.  Witness: John Oxford, Edmund Matthis.  [Sampson County Deed Book 1, page 211.]

This may be the son of Peter Hay(s) who died in Halifax County in late 1760 or early 1761.  Crane Creek is west of Six Runs Creek and just south of the town of Clinton.

Tax List: Duplin County
No Hays

Note: This appears to be incomplete.  I read the microfilm and did not see any Hays.  Source: North Carolina Archives.  

3 May 1776
At a meeting of the Provincial Congress, under the topic of “prisoners, and places of destination”:  Peter Hay, bail £500 [Colonial and State Records of North Carolina, Vol. 10, page 559.]

10 May 1776
Report of the Committee appointed by the Provincial Congress of North Carolina “to inquire into the conduct of the Insurgents and other suspected Persons” includes a long list of accused North Carolina loyalists, most of whom served as British militia.  Among them was this accusation: “That Peter Hay delivered to Wm Campbell for the use of Genl McDonald’s Army, a barrel of powder. That he bore the Colours which was afterwards Erected as a standard in Cross Creek from Campbelton.” [Colonial and State Records of North Carolina, Vol. 10, page 602.]

There’s no telling which Peter Hay this was, but in 1783 Cross Creek and Campbelton combined to form the town of Fayetteville, the seat of Cumberland County.  The nearest Peter Hay seems to have been the son of Charles Hay. If there was a second Peter Hay in adjacent Cumberland County, I could not find record of him among tax and deed records. — but he may have returned to England or moved elsewhere during the war.

At a September 1775 meeting of the Proprietors of the Transylvania Company the same man was rewarded:  “Mr Peter Hay “merchant, (at Cross Creek, Cumberland County, North Carolina), with a present of one thousand acres of Land in the said Colony, for his friendly behaviour towards the Company; or in lieu thereof, that Mr. Hay be permitted to purchase ten thousand acres, without being obliged to settle the same, at two pounds ten shillings, sterling, per hundred acres, subject to office fees and quit rents. [Colonial & State Records of North Carolina  Vol 10, page 260] The scheme of the Transylvania Company to settle land purchased from Indians was opposed by both Virginia and North Carolina and was soon invalidated, so Peter Hay never got his land. 

William Campbell was one of several loyalists sent out in January 1776 to raise a militia for General Donald MacDonald among the residents of southern North Carolina.  The same Peter Hay was said to have been a loyalist participant in February 1776 at the Battle of Moore’s Creek, in what was then New Hanover County.

Tax List: Duplin County
No Hays

Note: This appears to be incomplete.  I read the microfilm and did not see any Hays.  Source: North Carolina Archives.

1 July 1779
Land Grant: Charles Hay, 100 acres in Sampson County, entered 6 November 1778, survey shows it west side of Six Runs and joining his own line on the east side of Crain Creek. [North Carolina Archives, Grant #83 in Book 32, page 83.  Also at ancestry.com. “North Carolina, U.S., Land Grant Files, 1693-1960 (database on-line)” which gives location as Book 32, page 80.]

This appears to join his old survey on the north side.

1 April 1780
Land Grant: Charles Hay, 163 acres east of Six Runs, entered 24 June 1779, surveyed as 163 acres on 4 August 1779 and issued 1 April 1780. Plat begins at a water one in Daniel Fowler’s line on the edge of Buckhorn Creek… widow Fryer’s line… Edmund Mathews line… [Ancestry.com. North Carolina, U.S., Land Grant Files, 1693-1960 (database on-line), recorded in Book 41, page 70.]

29 Apr 1780
Petition to NC General Assembly: John Hay states that he bought a tract of about 2,080 acres on 21 July 1779 from a fellow Irishman named Rainey Maxwell,Esq. but the land was confiscated by the State during the Revolutionary War. He petitioned to have the land returned to him, stating that he “embarked at the port of Belfast in the month of September last with about forty passengers, many of them persons of property, and arrived in the commonwealth of Virginia in the month of December following, all the said passengers originally intending becoming citizens of some of the United States of America, and to enable them to effect this in the most convenient manner brought with them a considerable part of their property. Your petitioner, having at the risque of his property as well as that of his personal liberty, removed himself from his native country to become a citizen of this State and thereby to enjoy a participation of the blessings of liberty…” [Colonial and State Records of North Carolina, Vol. 15, page 201.]

This John Hay (c1757-1809) was born in Belfast, Ireland, the son of a John Hay.  Educated as a lawyer, he served as a judge in Sampson County, was elected several times to the North Carolina legislature from both Sampson County and Cumberland County, and was a prominent citizen of Fayetteville in his later years.  He had two children, a son David and a daughter Susan.  His land was granted back to him two years later (see below).

25 Mar 1782
Militia Pay: Certificate from Auditor of Wilmington District that Peter Hay is allowed £12:7s:6p for his service in the militia as returned pay roll No. 1049.

Although no county is mentioned, the district included Sampson County. .

3 July 1782
State Grant:  State of North Carolina to John Hay, 2,083 1/3 acres on the six runs in Duplin County…. [Sampson County Deed Book 5, page 447.]

ca 1780
Revolutionary War:  See mention of Charles Hay in Sampson County in three 1832-1833 pension applications below.

Oddly he never applied for a pension himself.

Tax List: Sampson County
Charles Hay
Charles Hay Junr.

This is from Ancestry.com. Peter Hays appears to have been omitted.

Tax List: Sampson County
John Hay – 1084 ⅓ acres, 1 poll
(many pages later)
Charles Hay Sen. – 325 acres, 1 poll
(11 names)
Peter Hay – no land, 1 poll
(9 names)
Charles Hay Jr. – no land, 1 poll
[North Carolina Digital Records Collection]

— 1784
Will:  Charles Hay, planter, of Sampson County, North Carolina.  “…I leave and bequeath to my son Peter Hay all my lands on the west side of Buckhorn to him and his heirs & assigns forever after the death of his mother…I give and bequeath unto my gran son Solom Hay 200 acres of land whereon I now live to him and his heirs and assigns forever after his father’s decease & his grandmother’s decease…” feather bed “unto my dater Mary Rice”, feather bed to “daughter Winny Hay”, to wife Sarah Hay “my Rone mare bridle and saddle.”  Appoints Peter Hay and Sarah Hay executors.  Undated except for year 1784.  Signed: Charles (his mark) Hay.  Witness: William Rice, Thomas Goff. Proved December Court 1784.  [Sampson County Will Book A, page 16]

12 May 1789
Peter Hay appointed to the grand jury. At same court, Peter Hay proved a deed from John Pridgen to John Vann for 130 acres [Miscellaneous Sampson County court records, online at https://www.ncgenweb.us/sampson/court/misc-court.htm]

3 Dec 1789
Deed: Peter Hay of Sampson County to Isaac Abbot of same, for £30, 100 acres on west side of the six runs and on the west side of Buckhorn… [largely obscured]…. [Sampson County Deed Book 8, page 379]

This is part of his inherited land.

Census, Sampson County
Peter Hay 1 3 1 – –  (p1078)
Charles Hay 1 1 3 – – (p1084)

11 Aug 1795
Deed: John Hay, attorney at law of Cumberland County, to Bennett Blackman of Sampson County, for L297:18:4,  275 acres “on the south side of Gilmore’s Swamp including Fryer and Holland’s {old improvements” part of a larger tract… Signed: John Hay. Witness: William Tuton?,, Joseph Blackman. [Sampson County Deed Book 9, page 387.]

15 Mar 1796
Deed: John Hay of Cumberland County to Edward Stephens of Sampson County, for £425, (unspecified acreage) in the fork of Gilmore’s swamp and the Marsh branch… beginning in the run of Gillmore swamp in about one pole above the S part where Hardy Holmes’s mill now stands… corner of Bennet Blackman… Hays lower line in (Kears?) mill pond…. Signed: John Hay. Witness: Will S. Clinton, Isom Ryall, Sherrod Brown. Proved November Court 1799. [Sampson County Deed Book 11, page 182]

1 Mar 1797
Deed: John Hay of Cumberland County to Nathaniel Hood of Sampson County, for £170, 170 acres (apparently part of the old grant). Signed: John Hay. Witness: Jas. Oates, William Butler.  [Sampson County Deed Book 9, page 325.]

4 Nov 1797
Deed: Charles Hays and his wife Ann Hays of Sampson County, planter, to James Blackman of same, for £216 and 10 shillings,  three parcels; the first “beginning at a sweet gun in the Broken Ridge (?) Branch at the mouth of a small branch the dividing corner of the said land… being part of a tract of land of 200 acres granted to Ann Blackman both sides ”;the second parcel “on the head of Six Runs on branch on Ridges Branch… being a tract of land granted to Stephen Blackman for 275 acres”; the third parcel (unspecified but on Brackenridge’s Swamp).  Signed Charles Hays, Ann Hays. Witness Stephen King, Step[hen I. Slocumb, John Baget.  [Sampson County Deed Book 10, page 445.]

This is a different Charles Hays, son of John Hays of Johnston County, North Carolina. Charles and his two sisters married three Blackman siblings. They were only temporarily in Sampson County from Johnston County prior to moving to Davidson County, Tennessee.

29 Dec 1797
Land Grant: Peter Hay, 100 acres east side of Crane Creek joining his own line, in Sampson County. Entered 29 December 1797, surveyed 23 November 1798. Plat shows the southwest corner as the fork of Buckhorn Creek and Craine Creek. The metes and bounds show that it adjoins part of the 1780 grant to Charles Hay. [Ancestry.com. North Carolina, U.S., Land Grant Files, 1693-1960 (database on-line), recorded in Book 32, page 80.]

19 Jan 1799
Deed: Peter Hay of Sampson County to Jesse Herrick of same, for £35, 63 acres of land “beginning at a post oak at the run of Buckhorn, runs a west corner to a lightwood stump and east corner to a pine on the Mrs. Fryers line thence the same south 88 east to his corner and past 100 poles to a pine in a branch said Edmund Mantis line thence down the branch of said Edmund Mantis line by various courses 90 poles to a white oak thence to beginning.” Signed: Peter Hay.  Witness: Thomas Peterson. Needham Vann (both my mark). Proved February Court 1799. [Sampson County Deed Book 11, page 69]

This is the remainder of the land inherited from his father Charles Hay Sr.  He is leaving the county and moving to New Hanover County.

Census, Sampson County
Charles Hays  10110 – 01010

Peter Hay is enumerated in New Hanover County, over 45.

The second male in Charles Hay’s household is apparently Solomon Hay

11 Oct 1800
Indenture:  James Hays “late of New Hanover County hath put himself and by these presents doth voluntarily put himself as a slave to Maurice Fennell, planter, of the county and state aforesaid, to serve him in the manner of a slave… for and during the full time of two years from the present date…”  Signed: James Hays (his mark).  Witness: Elizabeth Hennery, Samuel Beck.  [Sampson County Deed Book 11, page 343]

10 Feb 1801
Assignment:  Maurice Fennell assigns the above indenture of James Hays to George Taylor and B. White in company… [Sampson County Deed Book 11, page 343.]

26 Mar 1801
Deed: Charles Hay & Solomon Hay to Will Spivey , all of Sampson County, for £100, a 100 acre plantation on the east side of Crain Creek “beginning at a water oak on the bank of Crain Creek Charles Hays old corner… black gum in Hays branch… “  Signed: Solomon Hays, Charles Hays (his mark). Witness: John Calwell, Thomas Mattis. [Sampson County Deed Book 12, page 285.]

14 Jul 1801
Deed: Peter Hay of Hanover County & Charles Hay of Sampson County to Thomas Mathis of Sampson County, for L10,  20 acres “situation on Buck Horn and Crain Creek beginning at a birch on the bank of Crain Creek and running west to a post oak in Jesse Herrick’s line then nearly a north course to the run of Buck Horn Creek, thence down the run of Buckhorn and Crain Creek to the beginning…” Singed Peter Hay, Charles Hay (his mark). Witness: John Calwell, Jonathan Pearson. Proved at August Court 1801.  [Sampson County Deed Book 11, page 430.]

The surname is spelled both “Hay” and “Hays” in this deed.

14 July 1801
Deed: Peter Hay of New Hanover County to John Vann of Sampson County, for L 40,  100 acres situated in the fork of Buck Horn and Crane Creek “beginning at a pine in Andrew Nealy’s line and running thence with his line N80E 127 poles to a pine post his corner then S4W 127 poles to a pine thence N86W 127 poles to a pine thence to the beginning”. .  Signed:  Peter Hay. Witness: Thomas Matthis, J. Colwell. Recorded February Term 1807    [Sampson County Deed Book 14, page 298.]

18 May 1804
Deed: Solomon Hay of Sampson County to Thomas Mathis of same, for $25, 100a east side of Crane Creek… reserving the said land and premises to the use and benefit of my father Charles Hay and my mother Sarah Hay during their natural lives…. Signed Solomon Hay. Witness John Colwell, Mary Colwell. [Sampson County Deed Book 13, page 106]

10 Mar 1809
Deed: John Hay, Esq., of Cumberland County to Joshua Herring of Lenoir County, for $3,350, 1,253 1/3 acres in Sampson County on the Six Runs “being the same tract of land on which the said John Hay formerly resided and being conveyed to said Hay by an act of Assenbly of the State in April 1782…”  Signed: John Hay. Proved August Court 1810. [Sampson County Deed Book 15, page 103.]

Census: Sampson County
Charles Hay  00101 – 00001 – 1

26 Jan 1819
Deed: Penelope Hayse of Bladen County to William Robinson of Sampson County, for $35, “the land laid off (and) allotted to Penelope Hayse, one of the heirs of John Haney deceased” being 300 acres on the east side of South River “the lower part of a 500 acre tract.”  Signed: Penelope Hayse (her mark). Witness: George Robinson, Hilton Robinson. [Sampson County Deed Book 18, page 80.]

The South river forms the western border of Sampson on the west side lies Bladen and Cumberland Counties.

There are no more deeds to or from Hays until 18 July 1853 when a James B. Hayes bought 100 acres. 

Census, Sampson County
William Hays – “free colored” age 10-24
John Hays – “free colored” age 55 and over
Harrit Hase – 1 – 10001 (possibly “Hare”)

Census, Columbus County
Solomon Hays 000001 – 00000
Charles Hay 100011 – 10001.

Census: Cumberland County
Charles Hays – “free colored” male under 10, 3 females
Caty Hays  – “free colored” male 24-35, 2 males 10-23, 1 female 36-54

12 Nov 1832
Revolutionary Service: In Columbus County, NC, court Charles Hay, who after being duly sworn according to law, on his oath deposeth as follows : That he recollects that the Applicant for a Pension, Ezekiel Hawes served with this Deponent during the Revolutionary [war] in a Company of Militia that was called into service for three months under the command of William Vann Captain, and John Mathews Lieutenant – that they marched to Bluefort Bridge on the northeast [River], when they were stationed, until they were obliged to retreat before a superior force from Wilmington then in possession of the British – he and the said Haws [sic] completed the term of service. Further this Deponent sayeth not. Signed: Charles Hay (his mark)  [Revolutionary War Pension File #R4760., Ezekiel Hawes.]

Charles Hay did not himself apply for a pension.  The unit he described was a Troop of Duplin County Cavalry operating about 1780 or 1781.

Columbus County formed from parts of Bladen and Brunswick, south of Sampson County. No Hays deed records of interest.

12 Nov 1832
Revolutionary Service: Personally appeared in open Court this the 12th day of November 1832 Charles Hay, who after being duly sworn according to law deposeth as follows: That he recollects that the applicant for a Pension, John Fowler, served with this deponent during the Revolutionary [war] in a company of Militia that were called into service for three months under the command of Captain William Vann Captain, and John Matthews, Lieutenant – that they marched to Bluefort’s Bridge on the No. East River where they were stationed, until they were obliged to retreat before a superior force of the British from Wilmington, then in possession of that place. Further this Deponent saith not. Sworn to and subscribed the day & year aforesaid. Signed: Charles Hay (his mark) [Revolutionary War Pension File #S16809, John Fowler]

4 Nov 1833
Revolutionary Service: Jeremiah Rackley obtained testimony to his service from “John Fowler and Charles Hay who knew me when I lived in Sampson”. John Fowler and Charles Hay, of Columbus County, provided testimony that they were well acquainted with Jeremiah Rackley and “that he was reputed and believed in the neighborhood where he resided in Sampson County NC where we also resided to have been a Revolutionary soldier.” [Revolutionary War Pension File #S14249, Jeremiah Rackley]