Frederick County, Maryland - Equity Court Abstracts - ES-2 652-682 - HAYS, HIGGINS, CREDLER, BENNETT, LAWRENCE, DORSEY - Sep 1851 William ANDERSON and Harpers Ferry Savings Institution vs Maria HIGGINS and Harriet E. HAYS Joseph G. HAYS d/ 7 Aug 1850 intestate, of Jefferson Co, VA (later WV) widow - Harriet D. (all now living in Frederick Co, MD except as noted) d/ Ellen S. HAYS, dec'd s/ William Henry HAYS d/ Cynthia Susan HAYS - Carroll Co, MD d/ Maria E. HAYS d/ Mary A. M. HAYS Land - 144 acres, from Joseph G. HAYS of Jefferson Co, VA to Maria HIGGINS in 1849 for $5,760, as Deed of Trust for the benefit of Hays' daughters, he wishing to exclude his son since he had previously assigned property to him(?). Tracts previously to Hays: for 50 acres from Perry BENNETT and w/ Eleanor in 1848; and 94 acres from William HIGGINS and others by partition in 1837. Maria HIGGINS of Carroll Co, MD, was the sister of Joseph HAYS' wife, Harriet, and testified to the names of his children, she being an aunt to only two of them since Hays was twice married. She also stated Hays had wished to make a Will; however, before he was able to do that, he was stricken with Cholera which was prevalent in Harpers Ferry at that time and died within a few days. After the death of Hays, she issued notes to each of the three surviving daughters of $3,000 each in order to secure their interests in their father's estate as he had wanted it. Harriet HAYS claimed her husband had paid back more than their records showed, but was unable to find her husband's book in which he kept those records. ANDERSON has since resigned and moved to Frederick Co, MD. Testimony was heard from Henry WARD, S. STEPHENS, M. CREDLER, A. M. KITZMILLER and William J. STEPHENS in Harpers Ferry. On 18 Oct 1853, a petition was filed by George T. HAYS and William HIGGINS, stating Harriet E. HAYS had died intestate; she had been the administrator of her husband's estate. Administrator of Joseph HAYS' estate was George T. HAYS with sureties as Roderick DORSEY and Mary A. M. HAYS; administrator of Harriet HAYS' estate was William HIGGINS with sureties as Maria E. HAYS and John BARTHOLEW. Trustee was William M. MERRICK with sureties as Grayson EICHELBERGER and Hugh McALEER. The deed to Maria HIGGINS from Joseph HAYS was declared null and void and sale of his property was decreed. Sale was held on 19 Nov 1853 on the premises, high bidders were: - Perry BENNETT for the 49.5 acres at $71.87/acre - Maria HIGGINS for the 94 acres at $35.25/acre Since the sale, Maria transferred her rights to Harry W. DORSEY. Gross sales, $6,871.31. Distribution of $6,889.03; court costs $738.20 - Various creditors, $2,871.90 - Harpers Ferry Savings, $3,148.77 Remaining balance to heirs, $130.13. 1/4 or $32.53 each to - Mary A. M. HAYS - Cynthia HAYS - William H. HAYS - Maria E. HAYS On 23 May 1845, Dr. Daniel H. LAWRENCE sold to (Dr.) Joseph G. HAYS his drug and medicine store in Harpers Ferry to include everything including outstanding debts, some of which Augustus M. CRIDLER has incurred. Exchange ws to be made for Hays to sell his farming implements and stock and obtain notes to transfer to Lawrence. 2nd Amended Distribution of $6,889.03; court costs $871.98 - Ann F. MOTTER, mortgage, $315.30 - Ariana TRAIL, mortgage, $111.56 - Harriet S. HAYS, 92% of claim, $323.48 - Dr. D. H. LAWRENCE, $1,380.26 - Harpers Ferry Savings, $2,862.63 - Other Misc Creditors received the balance Closed 17 Feb 1855 =================== www.MidMdRoots.com