Last Will of Luther Hayes (1820-1895)

By Muriel Bristol | August 1, 2021

Luther Hayes (1820-1895) was a South Milton lumber dealer and farmer. He served also as NH State Representative (1857-58 and 1876-77), Strafford County Commissioner (1864-67), Strafford County Sheriff (1866-69), Strafford County Deputy Sheriff (1870-71), NH Fish Commissioner (1876-86), and NH State Senator (1879-80).

Hayes was thrice married and had eleven children. (Those in bolded type survived to appear in his last will). By his first wife, Louise A. Bragdon (1820-1859), he had six children: Lydia E. Hayes (1841-1876), Clara A. Hayes (1843-1879), Louisa M. Hayes (1846-1915), Charles H. Hayes (1849-1916), George A. Hayes (1852-1924), and Samuel L. Hayes (1855-1859).

By his second wife, Sarah M. Cochran (1834-1871), he had four children: Samuel L. Hayes [II] (1862-1946) (aka S. Lyman or Lyman S. Hayes), Fannie L. Hayes (1865-1953), Hattie E. Hayes (1868-1951), and Luther C. Hayes (1869-1952).

By his third and last wife, Ellen R. Morrill (1840-1909), he had one child, Clarence M. Hayes (1878-1915).

His last wife and eight of his eleven children were living and mentioned in his last will.

Ellen R. [(Morrill)] Hayes, a widowed housekeeper, aged fifty-nine years (b. NH), headed a Milton household at the time of the Twelfth (1900) Federal Census. Her household included her [step-] daughter, Hattie [(Hayes)] Dewolfe, a divorcée, aged thirty-two years (b. NH), her [step-] granddaughter, Helen Dewolfe, at school, aged nine years (b. NH), her [step-] son, Luther Hayes, a farm laborer, aged thirty years (b. NH), her son, Clarence M. Hayes, aged twenty-two years (b. NH), and her servants, Edgar J. Wyatt, a farm laborer, aged twenty-seven years (b. NH), and Helen Crossman, a house servant, aged twenty-nine years (b. Canada (Eng.)). Ellen R. Hayes owned their farm, free-and-clear. Ellen R. Hayes and Hattie Dewolfe were each mothers of one child, of whom each had one still living. Their household appeared in the enumeration after that of Annie M. George, a widowed housekeeper, aged seventy-one years (b. NH).

Will of Luther Hayes

In the name of God, Amen!

I, Luther Hayes, of Milton in the County of Strafford and State of New Hampshire, being of sound mind and understanding [and] considering the uncertainty of life, do make, publish and declare this my last will and testament, in manner following, viz:

First. I direct my Executors hereinafter named to pay all my just debts, if any, and funeral expenses, soon as may be after my decease.

Second. I give, devise and bequeath to my beloved wife, Ellen R. Hayes, one acre of land in said Milton with the buildings thereon, known as the Bragdon place and situate directly opposite my homestead where we now live.

Milton - South Milton (Detail)Also the field north of said Bragdon place bounded by the highway and the Railroad landing and the Boston and Maine Railroad and partition wall opposite the Bragdon barn, so called.

“The writer [John Scales] is of the opinion that Jonathan Twombly is entitled to the honor of making the first settlement [in Milton] near the Twombly brook, and upon the farm now owned by Hon. Luther Hayes, and sometimes called the Bragdon farm. Samuel Bragdon having purchased the farm from a son of Mr. Twombly in about 1800. Mr. Twombly and his wife and some of their children were, no doubt, buried upon this farm. An ancient headstone records that Hannah Twombly died in February, 1769. She was doubtless a daughter of Jonathan and this is believed to be the oldest grave in Milton” (Scales, 1914).

Also the wood lot on the easterly side of the Boston and Maine Railroad, and bounded by land of Henry B. Scates and Salmon Falls River and the field herein given my son Luther C. Hayes, reserving a right of way across said wood lot to my said son, his heirs and assigns.

Neighbor Henry B. Scates (1831-1919) was one-half of the partnership of Scates & Lyman, competing South Milton lumber dealers. At this time, he was also Strafford County jailor in Dover, NH (Farmington News, March 31, 1893).

Also the sum due from the N.H. Odd Fellows Relief Association, at my decease, and provided said sum then due shall not equal Five Hundred Dollars, a sufficient sum to be paid by my Executors to make said sum of Five Hundred Dollars.

The NH Odd Fellows Mutual Relief Association was based in Manchester, NH. John A. Glidden (1836-1913) was its president and S.C. Gould (1840-1909) was its secretary (Spectator Company, 1897). Glidden was an undertaker in Dover, NH, and S.C. Gould was a bookseller in Manchester, NH.

Burley-Usher - 1880sAlso a good family horse wagon, sleigh and harness, and robe, of the value of two hundred and fifty dollars. Also one cow of the value of thirty dollars, to be pastured by my son Luther C. Hayes.

Also one Silver Service, being the same given me by Burley & Usher on my seventieth birthday, for her own use and benefit during her natural life, and at her decease to my daughter Hattie E. DeWolfe, if living, otherwise to my granddaughter Helen M. DeWolfe.

Granddaughter Helen M. DeWolfe married in Somersworth, NH, April 28, 1913, Milledge G. Leeman, both of Milton. She was a milliner, aged twenty-one years, and he was a moulder, aged twenty-three years. Rev. Burton H. Tilton performed the ceremony.

Also the right to use such farming tools belonging to my son Luther C. Hayes, so long as she shall choose and elect to remain there, on condition that during such time my said son Luther C. Hayes shall have the use and income of the real estate herein given her.

Also the right to sit in the pew now owned by me in the Free Baptist Church in said Milton so long as she may choose. All the hereinbefore mentioned legacies given my beloved wife being in lieu of dower and homestead.

Third, I give and bequeath to my son Clarence M. Hayes the sum of Two Hundred Dollars, and in the Event of my death before he arrives at the age of twenty-one years the income of said sum shall be used for his education until he shall become of age. I also give and bequeath to my said son Clarence M. my Masonic bosom studs.

The youngest of the surviving children, Clarence M. Hayes, resided with his mother in the Hayes’s South Milton homestead at the time of the Twelfth (1900) Federal Census.

Clarence M. Hayes married in Orono, ME, June 14, 1904, Mary A. Cowan, he of Milton and she of Orono, ME. He was a mechanical engineer, aged twenty-six years, and she was a teacher, aged twenty-eight years.

Fourth. I give and bequeath to my son Samuel Lyman Hayes the sum of Five Hundred Dollars, also my gold Masonic sleeve buttons.

The fourth of the surviving children, S. Lyman Hayes, had married in Milton, October 9, 1885, Annie F. Corson, both of Milton. He was a R.R.P. [railroad postal] clerk, aged twenty-two years, and she was a lady, aged twenty-one years. Rev. Charles E. Mason performed the ceremony.

Samuel Lyman Hayes, a railway postal clerk, aged thirty-seven years (b. NH), headed a Milton (“Milton Village”) household at the time of the Twelfth (1900) Federal Census. His household included his wife (of fifteen years), Anne F. [(Corson)] Hayes, aged thirty-four years (b. NH), his children, Walter Y. Hayes, aged fourteen years (b. NH), Lawrence C. Hayes, aged twelve years (b. NH), Luther H. Hayes, aged ten years (b. NH), Morris L. Hayes, aged six years (b. NH), Blanche C. Hayes, aged four years (b. NH), and Norman H. Hayes, aged nine months (b. NH), and his mother-in-law, Clara [(Downs)] Corson, aged fifty-five years (b. NH). Samuel Lyman Hayes owned their house, free-and-clear. Anne F. Hayes was the mother of six children, of whom six were still living. Clara Corson was the mother of four children, of whom one was still living. Their household appeared in the enumeration between those of William Stevens, a painter (house), aged thirty years (b. ME), and Henry Drew, a farm laborer, aged sixty-four years (b. NH).

Fifth. I give and bequeath to my daughter Fannie L. Hayes the sum of Five Hundred Dollars; also one Prescott Organ, now in my house at said Milton.

The fifth of the surviving children, Fanny Hayes, a school teacher, aged thirty-four years (b. NH), headed a Haverhill, MA, household at the time of the Twelfth (1900) Federal Census. Her household included her lodger, Ada B. Berry, a school teacher, aged forty-two years (b. MA). Fanny Hayes rented their part of a two-family house at 272 Washington Street, which they shared with the household of William Martin, a hat finisher, aged thirty-two years (b. England). (Her brother, Charles H. Hayes, resided at 266 Washington Street).

Fannie Lawrence Hayes married in Milton, December 25, 1919, Frank Nathaniel Rand, she of Milton and he of Haverhill, MA. She was a schoolteacher, aged fifty-four years, and he was a widowed real estate contractor, aged fifty-six years. Rev. James W. Tingley performed the ceremony.

Sixth. I give and bequeath to my daughter Hattie E. DeWolfe the sum of Five Hundred Dollars, also my China Tea Set, she to have a home with my son Luther C. Hayes for five years after my decease if she wishes.

The sixth of the surviving children, Hattie E. Hayes, had married (1st) in Milton, November 30, 1890, Charles F. DeWolf, she of Milton and he of North Adams, MA. Both were aged twenty-two years; she was a lady. Rev. John Manter performed the ceremony. They had one daughter, Helen M. DeWolfe. Hattie E. DeWolfe of Milton, MA [NH], divorced Charles DeWolfe of Marlborough, MA, in Strafford County Court, September 1894. She alleged abandonment.

Hattie E. [(Hayes)] DeWolfe (and her daughter, Helen DeWolfe) resided with her step-mother in the Hayes’s South Milton homestead at the time of the Twelfth (1900) Federal Census.

Seventh. I give and bequeath to my son Charles Hayes my undivided one-half interest in and to a certain wood lot in Lebanon, Maine, known as the Tuttle lot, owned by me in common with my said son. Also my one-half interest in a certain other piece of real estate owned in common with my said son, George A. Hayes and Louisa M. Wentworth, their interest being through inheritance from their mother, Louisa M. Hayes, said land being situate in said Milton on the easterly side of the highway leading past my homestead premises, bounded by the land of Ellen H. Twombly, Salmon Falls river and a stone wall, and line continued from said stone wall to said river, being the partition wall hereinbefore mentioned, bounded also by the one acre of land herein devised to my wife. I also give and bequeath to my said son Charles H. my two Masonic charms.

The second of the surviving children, Charles H. Hayes, had married in Milton, July 2, 1870, Nellie M. Gile[s], he of Milton and she of Raymond, NH. He was a boxmaker, aged twenty-one years, and she was aged twenty years. Rev. Ezra Tuttle, V.D.M., performed the ceremony.

Charles H. Hayes, a box manufacturer, aged fifty-one years (b. NH), headed a Haverhill, MA, household at the time of the Twelfth (1900) Federal Census. His household included his wife (of thirty years), Nellie M. Hayes, aged fifty years (b. NH), his children, William C. Hayes, an order clerk for a box manufacturer, aged twenty-one years (b. NH), and Marian Hayes, at school, aged eight years (b. MA), his nephew, Harry F. Hayes, aged twenty-four years (b. NH), and his servant, Julia A. McCarthy, a servant, aged twenty-two years (b. Ireland). Charles H. Hayes owned their house at 266 Washington Street, free-and-clear. (His sister, Fanny Hayes, resided at 272 Washington Street). Nellie M. Hayes was the mother of five children, of whom three were still living. Julia A. McCarthy had immigrated into the U.S. in 1897.

Eighth. I give and bequeath to my son George A. Hayes the sum of Three Hundred Dollars, the same being in addition to One Hundred Dollars recently given him, together with one hundred Dollars’ worth of lumber for the erection of a house.

The third of the surviving children, George A. Hayes, had married in Rochester, NH, May 1, 1872, [Norma] Eldora Tuttle, he of Milton and she of Lebanon, ME. He was a farmer, aged twenty years, and she was aged seventeen years. Rev. George S. Hill performed the ceremony.

George A. Hayes, a carpenter, aged forty-eight years (b. NH), headed a Milton (“Milton Village”) household at the time of the Twelfth (1900) Federal Census. His household included his wife (of twenty-eight years), Norma E. Hayes, aged forty-five years (b. NH), his children, Theodore L. Hayes, aged twenty-seven years (b. NH), Guy L. Hayes, a carpenter, aged twenty-two years (b. NH), his daughter-in-law, Myrta E. Hayes, aged twenty-six years (b. ME), and his mother-in-law, Mary H. Tuttle, aged seventy-nine years (b. MA). George A. Hayes owned their house, but with a mortgage. Norma E. Hayes was the mother of four children, of whom three were still living. Mary H. Tuttle was the mother of seven children, of whom two were still living. Their household appeared in the enumeration between the households of Henry Meader, employed in the paper mill, aged thirty-three years (b. ME), and Ann A. [(Wiggin)] Hersom, a widowed nurse, aged fifty-seven years (b. NH).

Ninth. I give and bequeath to my daughter Louisa M. Wentworth the sum of Three Hundred Dollars. Also such articles of household furniture and furnishings not herein disposed of specifically, not exceeding in value the sum of twenty-five dollars.

The eldest of the surviving children, Louisa M. Hayes, had married in Dover, NH, January 17, 1865, Henry H. Wentworth, both of Milton. Rev. J.T.G. Colby performed the ceremony.

Henry Wentworth, a truckman, aged fifty-six years (b. NH), headed a Milton (“Milton Village”) household at the time of the Twelfth (1900) Federal Census. His household included his wife, Louisa M. Wentworth, aged fifty-three years (b. NH). Henry Wentworth owned their house, free-and-clear. Louisa M. Wentworth was the mother of one child, of whom one was still living. They appeared in the enumeration between the households of George E. Wentworth, a butcher, aged thirty-two years (b. NH), and Daniel Corkery, proprietor of hand shoe shop, aged fifty-seven years (b. Canada).

Tenth. I give, bequeath and devise to my grandson Luther Howe Hayes, son of Samuel L. Hayes, a certain tract of land in said Milton, bounded by lands of Ellen H. Twombly, George H. Jones and others, containing about ten acres and known as the Eri Wentworth lot, the above named grandchild is thus remembered in my will because of his name.

The former owner of the ten-acre lot, Eri Wentworth, died of consumption in Milton, January 31, 1869, aged fifty-three years, two months, and twenty-one days. He was a farmer, and son of Isaac and Lucy (Twombly) Wentworth. One of the adjoining properties was owned still by their daughter, Ellen H. (Wentworth) Twombly, wife of James H. Twombly.

Namesake grandson Luther H. Hayes resided in the Milton household of his parents, Samuel L. and Anne F. (Corson) Hayes, at the time of the Twelfth (1900) Federal Census.

Luther H. Hayes married in Palmer, MA, June 22, 1915, Irene C. LeGro, he of Keene, NH, and she of Palmer, MA. He was a manager, aged twenty-five years, and she was at home, aged twenty-seven years.

Eleventh. I give, bequeath and devise to my son Luther C. Hayes, my homestead farm with the buildings thereon situate in said Milton where I now reside, known as the Walker farm. Also a field on the Easterly side of the Boston and Maine Railroad, situate in said Milton, bounded by the before named partition wall and straight line, to the Salmon Falls River, by said River to wood lot hereinbefore devised to my wife, and said Boston and Maine Railroad, said tract being formerly owned by John Bragdon.

Also one other piece of land situate in said Milton known as the Wakham [Wakeham] lot, and owned by me in common and undivided with George A. Hayes, Charles H. Hayes, and Louisa M. Wentworth, any interest herein devised being one undivided half part.

I also give and bequeath my said son Luther C. all my farming tools and household furniture not hereinbefore disposed of, my gold watch and chain; also to my said son Luther C. I give, devise and bequeath my pew in the Free Baptist Church in said Milton, with all other rights and franchises I now hold in said Church or the Society.

Also all crops gathered or ungathered at the time of my decease, meaning the crops of that year. Also the sum of Five Hundred Dollars in money. The specific legacies of Five Hundred Dollars each given my children Samuel L., Fannie L., Hattie E. and Luther C. are the two thousand dollars due them at my decease on Policy No. 17,565 of the Massachusetts Mutual Life Insurance Company, and the legacy and devise herein given my son Luther C. Hayes, is chargeable with the payment of the sum of Five Hundred Dollars herein given to my son Clarence M. Hayes.

Also the support and maintenance of my wife and the rights of a home for my daughter Hattie E., as hereinbefore provided.

Also the payment of twenty-five dollars annually for the term of five years after my decease for the support of preaching in the Free Baptist Church in said Milton. Also the proper care and maintenance of the family burial lot on my homestead farm.

The seventh of the surviving children, Luther C. Hayes, resided with his step-mother in the Hayes’s South Milton homestead at the time of the Twelfth (1900) Federal Census.

Luther C. Hayes married in Rochester, NH, September 2, 1903, Cora E. McDuffie, he of Milton and she of Rochester, NH. He was a farmer, aged thirty-three years, and she was a teacher, aged twenty-two years. Rev. John Manter performed the ceremony.

Twelfth. All the rest, residue and remainder of my estate, real, personal, and mixed, wherever found and however situate, I give, devise and bequeath to my daughter Hattie E. DeWolfe.

Hattie E. DeWolfe married (2nd) in Milton, 1903, Edgar J. Wyatt, she of Milton and he of Farmington, NH. She was a housekeeper, aged thirty-four years, and he was a teamster, aged thirty-one years.

Thirteenth. I hereby nominate and appoint Charles H. Hayes, Samuel L. Hayes, and Charles A. Jones, of said Milton, Executors of this my last will and testament, revoking and all former wills by me made. Said Executors to serve without bonds.

Two of the executors were Hayes’ sons, one from each of his first two marriages. The third executor, Charles A. Jones (1851-1934), was a Milton farmer.

Witness my hand and seal this second day of April, 1894.

Luther Hayes (Seal)

Signed, sealed, published and declared by the above named Luther Hayes, as and for his last will and testament, and by us in his presence and in the presence of each other, at his request, subscribed as witnesses.

Augustine S. Parshley, Horace L. Worcester, George E. Cochrane

Civil War veteran Augustine S. Parshley (1840-1901) appeared in the Rochester directory of 1900, as an insurance and real estate agent with the firm of A.S. Parshley & Son, at 14 Main street (the Wentworth Block), with his house at 62 Charles street.

Civil War veteran Horace L. Worcester (1846-1928) appeared in the Rochester directory of 1900, as being retired, with his house at 42 Wakefield street. Prior to his retirement, he was a partner in the periodicals store of Worcester & Greenfield.

Civil War veteran George E. Cochrane (1844-1912) appeared in the Rochester directory of 1900, as a lawyer at 30 No. Main street, with his house at 16 Autumn street.

One might suppose that Luther Hayes traveled from his home near Hayes Station in South Milton to Rochester, possibly via the Boston and Maine Railroad. There he would have visited lawyer Cochrane for the drafting of the will. After Hayes signed the will, Cochrane and the other two men, who were also Rochester residents, then signed as witnesses.

The State of New Hampshire. Strafford, Ss. – At a Court of Probate holden at Dover in and for said County on the second day of April, A.D. 1895. Upon due consideration of the foregoing petition, praying that the instrument herewith presented, purported to be the Last Will of Luther Hayes, late of Milton, in said County of Strafford, deceased, may be proved and allowed in common form, and letters testamentary be issued to them, the Executors herein named, no party objecting thereto, and it appearing to me, the Judge of Probate for said County of Strafford, by the testimony in Court of George E. Cochrane, one of the witnesses whose names are to the same will subscribed, – that at the time of the Execution of said instrument the deceased was of the age of twenty-one years and of sound mind, that he did sign and seal the same as his last Will, and that the said George E. Cochrane, with Augustine S. Parshley and Horace L. Worcester attested and subscribed the same together as witnesses to the Execution thereof in the presence of said Testator. I do therefore decree that the said instrument be, and is hereby, proved and allowed as the last Will of the said Luther Hayes, deceased, and that letters testamentary be issued to said petitioners, they having filed bond as required by law.

Robert G. Pike, Judge of Probate (Strafford County Probate, 104:542).

The abbreviation S.s. seen at the head of so many legal documents is short for the Latin phrase scilicet, which means “namely” or “in particular.” In this case, the identifications State of New Hampshire and County of Strafford specified insufficiently the location of what follows. “Namely” or “in particular” at Dover was required to complete the picture.


See also South Milton’s High Sheriff Luther Hayes (1820-1895)


References:

Find a Grave. (2011, March 26). Lydia Elizabeth Hayes Cloutman. Retrieved from www.findagrave.com/memorial/67476190/lydia-elizabeth-cloutman

Find a Grave. (2011, March 26). Clarence M. Hayes. Retrieved from www.findagrave.com/memorial/67487329/clarence-m-hayes

Find a Grave. (2010, March 8). Luther Hayes. Retrieved from www.findagrave.com/memorial/49429209/luther-hayes

Find a Grave. (2010, March 9). Luther C. Hayes. Retrieved from www.findagrave.com/memorial/49457974/luther-c-hayes

Find a Grave. (2014, June 27). Luther Howe Hayes. Retrieved from www.findagrave.com/memorial/131950581/luther-howe-hayes

Find a Grave. (2011, March 26). Clara A. Hayes Pounds. Retrieved from www.findagrave.com/memorial/67476266/clara-a-pounds

Find a Grave. (2011, March 26). Hattie E. Hayes Wyatt. Retrieved from www.findagrave.com/memorial/67486671/hattie-e-wyatt

NH Historical Society. (2009). Music: Prescott Organ (1882). Retrieved from www.nhhistory.org/object/300546/music

Scales, John. (1914). History of Strafford County, New Hampshire and Representative Citizens. Retrieved from books.google.com/books?id=nGsjAQAAMAAJ&pg=PA508

Spectator Company. (1897). Hand-book of Life and Accident Insurance on the Mutual Natural Premium Plan. Retrieved from books.google.com/books?id=YP_YAAAAMAAJ&pg=PA169

Author: Muriel Bristol

"Lady drinking tea"

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