Notes for Charles Middleton Lay: COLLECTION OF UPPER SOUTH CAROLINA GENEALOGICAL and FAMILY RECORDS Volume I Editor: James E. Wooley pg. 184
Estate of Charles Lay. Box 2 #11. Probate Judge Office. Pickens, S. C. I Charles Lay being of sound and memory do make and ordain this my last will and testament. I give to my wife Nancy Lay one Negro woman named Renday and one Negro man named Lace, also two feather beds and bed clothing with the other household and kitchen furniture and my sorrell mare and colt, and her saddle and bridle. I give to my sons David, John, James, Charles F. and William Lay each to keep the property I have given them. I appoint my son William Lay as executor. Dated 20 Feb. 1829. Wit: Elihu Creswell, Robert H. Creswell, John Knox. Signed Charles X Lay. The will was proved on 20 April 1829 and was contested by Nathaniel Lynch and others. In the May term of Court. Lynch withdrew his caveat and the case was dismissed. On the back of will Anderson Keith received or bought $203 worth of items, under this William McKinney received or bought $137 worth of items. Then under this "William McKenney to be equal with Keith $66" (These two with Lynch may be son in laws?)
LAST WILL AND TESTAMENT OF CHARLES LAY
STATE OF SOUTH CAROLINA PICKENS DISTRICT
IN THE NAME OF GOD, AMEN, I, Charles Lay of the State aforesaid being of sound mind & memory thanks to God for the same, calling to mind the certainty of Death do make and ordain this my last will and testament in the following manner to-wit:
FIRST - I give and bequeath to my beloved wife Nancy Lay one negro woman named Renday & one negro boy named Lace together with their future increase to her and to her assigns forever. Also two feather Beds & all the bed clothing, also all my Household and Kitchen furniture & my sorrell mare and colt and her Saddle and Bridle for her proper use and disposal forever -
SECONDLY - It is my will that my sons David Lay, John James, Charles F. and William shall keep the property I have given them, and I do hereby give & bequeath unto each of them respectively all the property I have let them have, to them and their heirs & assigns forever.
THIRDLY and last - I do hereby nominate and appoint my son William Lay Executor of this my last will and testament hereby revoking all former Wills by me made & declaring this to be my last Will and Testament.
Given under my hand and seal this Twentieth day of February, Anno Domini One Thousand Eight hundred and Twenty-Nine.
his Charles M. Lay. (L.S.) mark
SIGNED seal'd & declared by Charles Lay to be his last Will and Testament in the presence of us who have sub- cribed our names as witnesses hereto.
ROBERT H. CRESWELL.
At a Court of Ordinary holden 20th April 1829 after qualifying witnesses and much consultation Mrs. Lay, widow of the deceased, agreed that the will of her husband should be set aside on condition that Mr. Nathaniel Lynch should administer on the property devised to her in the within will & pay to her one third of the sales of the property aforesaid to which all present agreed & administration was granted accordingly. Certified by me the day above written. JAS. H. DENDY
May 4th 1829. At a Court holden on that day, viz't, 4th May the plaintiff withdrew his caveat & the business in this case dismissed from the office by mutual consent. JAS. H. DENDY, O.P.D.
And on examining the law adm'n could not be granted lawfully unless the will were set aside, therefore the certificate first above wa erroneous and enter'd up under the false idea that adm'n could & would be granted. JAS. H. DENDY, O.P.D.
STATE OF SOUTH CAROLINA PICKENS DISTRICT
By JAS. H. DENDY, Ordinary of the District aforesaid:
BE IT REMEMBERED that the within will was contested by N. Lynch & others but was proven by the oath of John Knox, Robt. Creswell, Elihu Creswell, the subscribing witnesses to my satisfaction. At the same time qualified William Lay the person named Executor in said Will. 1829. Sept. 14th Ordinary's Office JAS. H. DENDY, O.P.D.
(Pickens Dist. Will Book 1 pg 6-7)
====== CHARLES LAY DEED IN PENDLETON DISTRICT, SOUTH CAROLINA Anderson (Pendleton) County Clerk of Court Deed Book "IJ", p. 177 (Roll C944) Received from South Carolina Archives, April l, 2000. Transcribed by Alice F. Hills
State of SoCarolina, Pendleton District ) Know all men by these presents that I CHARLES LAY of the State & Dist. for & in consideration of the sum of Two hundred and twenty dollars to me in hand paid by GEORGE WASHINGTON and WILLIAM H. TERRILL of the State and Dist. aforesaid...Granted bargained sold and released and by these presents do bargain sell and release unto said GEORGE WASHINGTON and WILLIAM H. TERRILL all that tract plantation or parcel of land lying & being in the State & Dist aforesaid on the South Side of a branch or fork of Twelve Mile River containing two hundred acres more or less beginning ....Together with all and singular.....As witness my hand and seal August 02, 1805.... Seal'd & deliver'd in the presence of his JAMES JETT, DEMONY PACE, CHARLES N LAY (SEAL) JOHN SIMMONS mark
South Carolina, Pendleton District ) By me JOHN COCHRAN one of the Justices of Quorum do hereby all whom it may concern that ANN LAY wife of the within named CHARLES LAY did this day appear before me and upon being privately & separately examined by me did declare that she does freely voluntarily and without any compulsion dread or fear of any person or persons whomsoever unto the within named GEORGE W. TERRILL and WILLIAM H. TERRILL their heirs and assigns All her interest and Estate and also all her right & Claims of in or to all and singular the premises within mentioned and released. Given under.......hand and seal this 4th day of January 1806. her her JOHN COCHRAN J.Q. (Signed ANN X LAY
South Carolina, Pendleton District ) Personally came before me JOHN COCHRAN one of the Justices of....Peace JAMES JETT and being sworn as the law directs sayeth that he....LAY sign seal and deliver the within Deed of Conveyance as his own act and deed....PACE and JOHN SIMMONS was Subscribing Witnesses with himself. Sworn to.....this 3rd August 1805. JAMES JETT JOHN COCHRAN (Recorded) 29 March 1808
NOTES l. CHARLES LAY (d. 1829) signed his Will with his mark, "N". 2. NANCY was the name of Charles Lay's wife in his 1829 Will. "Nancy" was the diminutive of "Ann" at that time, just as we say "Betty" for "Elizabeth". I believe that ANN LAY who made her mark is the same person as NANCY LAY, wife of CHARLES LAY (d. 1829).
Deed Book B - Pendleton County, SC 5 Feb. 1791 : John Young of Spartanburg Co. SC to Charles Lay of Pendleton Co. SC for 50 pounds, sold 100 acres, granted 4 Sept. 1786 to said Young, being on a branch of Estartowery Creek of the Keowee River. S/ John Young. Wit.: Bailey Anderson, Richard Farrar. Sworn by oath of Richard Farrar 24 Jan. 1792 before John Wilson, J.P. Recorded 25 June 1792.
More About Charles Middleton Lay: Census 1: 1790, Pendleton District, SC.590 Census 2: 1790, Surry County, NC.590 Juror: Bet. 1786 - 1789, Surry County, NC.590 Property 1: 1785, Surry County, NC.590 Property 2: 1787, Pendleton District, SC.590 Tax List: 1782, Surry County, NC with in-laws Samuel and William Freeman with 1 cow, 1 horse and no land.590 Will: 1829, Recorded in Pickens District, SC Will Book 1, pp 6-7. Written 2/20/1829 and proved 9/14/1829..591 Witness of deed: 1788, With George Lay for David lay, Sr..592
More About Charles Middleton Lay and Nancy Freeman: Marriage: Abt. 1778593
Children of Charles Middleton Lay and Nancy Freeman are: