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Tuesday, May 28, 2013

Hayden Records from Mercer County Kentucky

At the beginning of May I received an envelope in the mail with documents from the Mercer County, Kentucky Court House concerning my Hayden Family line.  I had as many appendages crossed as possible as I read and transcribed these records.  Boy, there were some surprising things in there that I was not expecting.

As a recap, the Hayden family line is the one I am using to apply for the DAR and the GSMD.   However, the registrar from my local DAR chapter ran into a snag.  It was my intent to try and dovetail into a line already approved by the organization, but unfortunately that member had her file sealed so I was unable to do that.  It was then on me to find more concrete links between two to the generations proving, beyond a reasonable doubt, that this was the correct family.

In March I wrote to the Harrodsburg Historical Society, in Mercer County, to do some research for me at the local courthouse.  I had references to the fact that my ancestor had given his second wife large tracts of land before their marriage.  In my letter I asked them to send me any deeds, probate, marriage, or other records they could find related to this family group.  I knew that there had to be something in there somewhere!

Very quickly the direct line in question is:
Noah Hayden who married first Mary (Elliott?) and second Elizabeth Gilpin         
Noah Hayden, son of Noah and Elizabeth, who married Unity Patterson
Mary Jane Hayden who married James Combs

My weak link was in the definitive proof that Noah Hayden had a son by Elizabeth named Noah.  Until these records I did not have really good proof, just inference, that there was a relation.

The records sent to me were records from the Mercer County deed books 5, 13, and 19.  They even sent me a handwritten family group sheet from their files.  While this is not firm evidence it did confirm a lot of the information I had, and gave me leads for information that I did not have. 

Over the next several posts I will go through the documents, post my transcriptions, and see if anyone out there has any thoughts on them.  The first one is deed book 5.  It contained documents concerning Noah’s hiring of Elizabeth, receipts of payments made to her, Noah giving her land, and their marriage bond.  All of which left me scratching my head.  It seems that she had Noah make a prenuptial agreement guaranteeing that if he died she and her children would not be left destitute. 

I would love to know if anyone else has seen anything like this before.  Of course, a more nefarious thought, would be 1) he was hiding his wealth from his family or 2) she was a manipulating woman who was gold digging.  Personally, I am okay with any theory as people are people and we haven’t changed in millennia, and I just want to know what could have been going on to have this chain of events happen.

Pg 183-184
Hayden to Gilpin Know all men by this that I Noah Hayden of the state of Virginia hath this day June the sixteenth day and year one thousand Sevenhundred and Eighty Eight hiard Elizabeth Gillpin to ceap my house and to Kook and wash and mend and ceap the house clean and deasant and to ceap my too children clean and to due by them as if they ware hur one and for During what is Mentioned Above I do Agree too give her twenty five pounds Current Money of Virginia for Everry Year or each Year So long as she seas cause to Stay or I see cause to ceap hur self all spare time and to have the privelig of ceaping of gees and duke on My Place and to fead them out of My corne and to find hur flax or hemp and wool to make clothing for hur Beds and hur self and for the ceaping of the geaz or Ducke or Boh and for flax and wool she is to due as much spinning for meaz will clothe me and my too children and to my true performance I do bind myself My Ears Executors Adminestrators in the Just and full sum of one thousand pounds good and lawfull Money of Virginia Pennillty to be paid whereunto I set My hand fix My seal the above date Ritton witness presentNoah Hayden (seal)Jeams McbrideSary Mcbride (hur mark)
This seems like a pretty straightforward employment contract.  Noah is hiring Elizabeth to care for his two children.  He had three children with his wife Mary: James Elliot, Nancy/Mary, and Permelia.  This record was from 1788, and I have sources that state Permelia was not born until the mid-1790s.  Also, there are no records for James Elliot as an adult so I am assuming that he died as a child. I am also unclear on when Mary died as I have a range in dates from the 1795 to 1801.

Pg 184
Received April 15th 1803Inland and property and notsTwo hundred and thirty seven pounds and five shillingsFrom Noah Hayden by me Elizabeth Gilpin (hur mark)testeWilliam HungateMajor faris Pg 184Received May 2nd day 1803 in cash the some of twenty five pounds currant money of Cantucky from Noah Hayden by me Elizabeth Gilpin (hur mark)teste Nancy Hayden (hur mark)Rebecky Hayden (hur mark)  

Pg 185
April 15th day 1803 this day I say Elizabeth Gilpin is out of My carvis Noah Hayden and likewise I have paid hur a part of hur wages in Lands which I due not warrant and likewise all my goods and chattles that ware on the said land where she Now lives which I warrant and defend to hur from all persons whatsoever bodies Pollitic or corporate to which I set My hand and fix my sealNoah Hayden (seal)TesteMaj. Faris (his mark)
Pg 185
Mercer Sctn(?) December 12th 1803This bond was this day before me acknowledged by Noah Hayden a party thereto to be his act and Deed and the Riceipts thereon Endorsed was proved to have been acknowledged by Elizabeth Gilpin and at the request of the said Noah I have recorded the said bond and Recipts in My office.Teste Tho. Allin Clk.

These seem to be receipts of payment for her wages as caretaker of the children and house.

Pg 185-186
May the twenty forth one thousand seven hundred and eighty seven On Articles of an agreement made and concluded between Enoch Hayden of Louden County Virginia the first part and Noah Hayden his brother of the other part witnesseth that that both of them hath bin at the truble of gitting a treasuary warrant for fore hundred acres of land and have entered it on the waters of Salt River Marser County Virginia on a branch caled Hayden Crick Running in Chalpin fork and as it was entred in the name of the above Mentioned Enoch Hayden and Not in the name of them both the said Enoch for the safety of the said Noah to make him an Equil Part of the above Mentioned Land doth bind himself his hars Executors and Admminestrators or assizns or Either of them to pay and make good unto the said Noah Haden him hi ars or assigns one hald of the Land above mentioned or an Equil part according to the quillity of it with a deed for the same a soon as its in the power of the said Enoch to perform if fails them to pay and make good all Dammage the said Noah should substance by it Provide that the said Noah doth pay half the cost that shall arise here after in secureing and defending the above Mentioned Land from all others that should contend for the same whare by we bind our selves in the penal sum of one thousand Pounds to preform to each other the Year and day above mentioned where by we set our hands and sealEnoch Hayden (seal)Noah Hayden (seal)Witness preasentBenjamin ThomasJoseph Thomas I sell my right of the in bond to Elizabeth Gilpin and she to run all chansezNoah HaydenTesteWilliam HungateMaj. Faris
Portion of a map from the National Geodetic Survey
Noah's twin brother Enoch was able to secure land bounty for them. I do not know why, but Noah tried for many years to receive bounty for his Revolutionary War service and was unable to.  Why then, after he gets land, does he sign it over to Elizabeth Gilpin?

Pg 186
Mercer Set December 12th 1803 These Articles of agreement with the Assignment thereon was acknowledged before me the Noah Hayden a party thereto to be his act and deed at his Request I have recorded the same in my office Teste Tho. Allin Clk.
 Must be referring to a previous transaction.

Pg 272-273
An agreement made this day between the subcribers Noah Hayden and Elizabeth Gilpin both of the County of Mercer in the state of Kentucky Witnesseth That the aforesaid parties have agreed to unite themselves in the bonds of matrimony on the following conditions namely that the said Elizabeth before he marriage with the said Noah being possessed of considerable property in lands houses cattle household furniture te te te a correct schedule of which property is anneseed(?) to this agreement reserves to herself after her marriage with the said Noah Hayden the full entire and complete possession and disposal of the property mentioned and describes in the said anneseed(?) schedule.  The schedule of Elizabeth Gilpins property refered to above 200 acres of land known by the name of Haydens Creek and lick also house barns our houses te te te 2 mares and 2 geldings 12 head of cattle 100 hogs more or less 20 geese and 20 ducks 2 plows 2 hoes 1 mattock 3 asces and 1 iron wedge 1 stone sledge 4 chessels 1 hand saw 2 goudges 1 drawing knife 4 augers 1 plase iron small wheel 1 woollen wheel with 2 bar cards 3 scythes 5 feather beds and bedsteads complete with 5 chaph underbeds their Bolsters pillows te te te 2 chests 1 large cupboard 2 large pewter basons 4 small pewter basons 2 large dishes and 24 plates 2 sets of knives and forks a 17 gallon kettle an 8 gallon kettle 1 pot and Dutch oven 2 smothing irons 3 traumels(?) cooker wares sufficient for the house a set of Smiths tools bellows Anvil Vice and other nessasary tools 1 good loom with 4 reeds and gears 2 large basons Also all notes bonds Debts dues and demands to be considered as concluded in the above schedules.  And the said Noah Hayden hereby engages to all intents and purposes to garuntee to the said Elizabeth Gilpin the full possession and disposal of the above described property after marriage to her and her Heirs forever and also to protect her and her Heirs from any claims made upon the said property by him and his Heris forever. In witness whereof we have hereunto affixed our hands and seal this 23 day of May in the year of our lord one thousand eight hundred and four.Noah Hayden (seal)Elizabeth Gilpin (her mark)In the presence of us Jno Hale William Stukher (?)UD (?) Ferrego

 Do you notice that she gets everything, and that everything is inventoried in great detail.  This is the document that blew my mind away.  Any thoughts on why this would have happened?  Also, their son Noah, was born before they were married.  In fact, I think that perhaps 2-3 of their children were born before they were married.  It all depends on which date of death you use for Mary, and which of the birth dates you use for those children.  Fuzzy dates, I have to fix the fuzzy dates.


  1. So complicated! I've seen wills before that go into similar detail, dividing up the pots and pans. What is the proof that their son Noah was born before they were married? Maybe I'm looking straight at it, in this last document, and just can't see it. You say, "Until these records I did not really have good proof." So maybe the proof is coming in your next post.

    I wonder why the member had her file sealed? Maybe it was the premarital birth that caused her embarrassment.

    1. Yes there are 2 more posts coming.

      I have talked about this line in a couple other posts prior to this. Look for the posts tagged with "Hayden" to see them. I have birth years for their son Noah that range from 1798-1804 and born on January 1st based on other documents. Nothing that really states which it was, but it seems no matter which one you choose he was born before they were married.

      The comment that I didn't have proof refers to the fact that I had speculation and reason to believe this, but I didn't have anything in my possession that stated "this is my son." I have seen references to a family bible that is on file with the GSMD stating this relationship, however, I have not been able to see a copy of this.

      As for why the member had her filed sealed I can only speculate. Part of me now wonders if it was due to this fact that he may have been born out of marriage. It shows how different my thinking and hers must be if this is true. To me this is an interesting historical fact and an intriguing mystery not something to hide or feel shame about. There is nothing that I can do about an incident that happened 200 years ago.