Benjamin Hale Jr.

Benjamin married Dicy Franklin on 13 Nov 1788 in Franklin County, Virginia, USA. [Group Sheet] [Family Chart]

1. Elizabeth Hale was born in 1795.
2. Brice Hale was born in 1797.
3. Lucretia Hale
4. Mary Hale was born in 1790.

Other Events:

• Land Survey: 6 Dec 1783, Henry, Virginia, United States; 190 acres on the north side of the South Fork of Pigg River.
• Tax List: 1784 & 1785, Henry, Virginia, United States; 1st tax record found for Benjamin Hale in this general area of VA, and is the only Hale on the list. He is 21+ 1 horse 2 cattle. This area where he lives becomes Franklin Co in 1786
• Petition: 27 Oct 1785, Henry County, Virginia; Signs petition to create Franklin County
• Tax List: 1786, Franklin County, Virginia, USA; 1 Horse / 6 head of cattle
• Tax List: 1787, Franklin County, Virginia, USA; 1 male between 16-21, 3 horses, 9 heads of cattle.
• Complaint: 7 Mar 1787, Franklin County, Virginia, USA; (Which Ben Hale is this? There were a number in Franklin Co at this time.) Aliannah Hill, daughter of Thomas Hill, files a complaint against Benjamin Hale "for an insult offered her on the highway." The Franklin Co Court ordered Hale to put up a 25 pound bond to guarantee his appearance before the next grand jury, which met on 7 May. He was indicted & filed another bond for 10 pounds against his appearance at the Aug meeting of the county court. On 9 Aug the case was heard & Aliannah Hill was awarded an unspecified judgement against Hale.
• Deed: 17 June 1790, Franklin County, Virginia, USA; Bk 2 p 201: John Smith of Franklin Co conveys to Benj Hale of same, for 25 pounds, 100 acres on Little Otter Ck being part of his 300 acre survey...bounded by Daniel Hixson, Daniel Smith, the creek....
• Deed: 4 Feb 1791, Franklin County, Virginia, USA; Bk 2 p 185: Robert & Wm Mavity of Franklin Co convey to Benjamin Hale of same, for 7 pounds, 95 acres .... on the branches of Little Otter Creek, Witnesses Richard Jones, Benjamin Smith, James Ward, Samuel Hairston, John Bramer, Thomas Prunty.
• Deed: 27 Jan 1792, Franklin County, Virginia, USA; Book 2 p 402: Benjamin Hale conveys to Peter Young 190 acres on south side of Pigg River, being one entire tract Witnesses: David Barton, Joshua Barton, Jesse More
• Deed Mention: 10 Feb 1795, Franklin County, Virginia, USA; Deed bet. Geo Reel & John James (West side Otter Creek) "up said branchin Hixon & James lines near road; Ben Hales line, crossing a branch..."
• Deed: 4 Apr 1797, Franklin County, Virginia, USA; Book 3 p 412 Benjamin Hale conveys to Samuel Harrison 100 acres on Little Otter Creek.
• Tax List: 1798, Franklin County, Virginia, USA; Last year found on tax lists. Did Benjamin sell his land in 1797 and leave the area? Was he old enough to be exempt from Tax lists (probably not). So, he either died or moved.

Notes:

Ben is most likely a grandson of Nicholas Hale given he migrated in the same path and owned land in the same area of Pigg River as Joseph P. Hale (his brother?) and these families seemed to have the same naming patterns. John Hale's son Benjamin settled in Franklin County along with brother Joseph, seeming to link my Benjamin as the son of John Hale.

Land Survey:
Benjamin Hale had a land grant in Henry Co.,VA on 12/6/1783. It was for 190A on the north side of South Fork of the Pigg River, Grants K, p 191.

Petition:
Petitions of residents of Bedford & Henry Counties, Virginia - In favor of and opposed to a new county (Franklin)

27 October 1785

The petition of sundry freeholders and others, inhabitants of Henry County, that your petitioners from the present very extensive boundaries of their county find it extremely inconvenient attending their publick and necessary business, by reason of bad roads, and their remote situation from the court house.... the county as it now stands is on the north line (the nearest bridle way) near 40 miles, on the south about 85, on the east near 40 and on the west about 70 in length...Your petitioners pray that a division of this county may take place by running a line from the Head of Shooting Creek to the west end of Turkey Cock Mountain, thence along the top of the mountain to intersect the dividing line between Pittsylvania Counties, thence along the ling to the mouth of the Black Water River, which part of Henry will contain about 600 tithes. Your petitioners further pray that part of Bedford which lies on the south of Staunton River may be taken off. (Only a partial list of names that are family names; ones I know that are related are starred):

George Staten*
George Burris
Hugh Martin
John Martin
Benjamin Hale*
Thomas Hale*
Joseph Hale*
Joseph Hale Jr.*
Richard Hale
John Hale
John Stanton (?)
Richard Stanton (?)

Complaint:
Franklin County, March Court 1787 p. 114

On the complaint of Aliannah Hill, Daughter of Thomas Hill, against Benjamin Haile for an Insult offered her on the Highway; It is ordered that the said Hail be taken into custody by the Shf of this county, until he gives su'y for his appearance before the next grand jury, in the penalty of 25 pounds and each of his su'ys in the sum of 12.10 pounds and it is further ordered that he be in custody of said Shf until he gives sur'y for the same.

Whereupon the said Haile came into court and with William Menifee and William Kelly his sur'y ack'd themselves severally indebted to the commonwealth of Virginia, that is to say that said Haile in the afores'd sum of twenty five and his sur'ys in the sum of 12.10 pounds each, to be levied on their respective goods and chattles, lands and tenements, on condition of said Benja. Haile appear at the next grand jury to be held for this county.

May Court 1787 (p. 126)

Benjamin Haile came into court and with Thomas Prunty his security, acknowledged himself indebted to the commonwealth in the sum of 10 pounds and the said Prunty in the some of 5 pounds to be levied on their respective goods and chattels, lands and tenements on condition the said Haile shall make his appearance before this court in Aug next to answer as Indictm. Exhibited ag. him by Alianner Hill, Daughter of Thomas Hill.

Deed:
Benjamin Hale (Franklin Co.) To Sam'l Hairston (Franklin Co.) 50 cmv. 100a m/1. On Little Otter Creek. CG. Adj: Hixon Corner; Daniel Smith's line; ....Crossing the Creek;.....on said Creek; up the same as it Meanders and across; ..... at the mouth of a branch;....up the branch as it meanders; ......Crossing a branch; Daniel Hixons line; .....crossing a branch. Recorded April 1797 Benjamin Hale

Benjamin married ?. [Group Sheet] [Family Chart]

Other Events:

• Residence: 1740s, Augusta County; Living around the headwaters of Little River and Back Creek
• Residence: 1752, Bent Mountain, Augusta County, Virginia
• Military: 1758, Virginia; John Hale was paid for military services during the French and Indian Wars.
• Notes: 1766, Virginia; Road built in the Snow Creek vicinity.

Notes:

John Hale, who was born about 1706, had probably left Tidewater from Baltimore County, Maryland about 1727 and spent some years on the northwest frontier before joining the migration from Pennsylvania up the Shenandoah River. He may have made the trek up the Valley of Virginia in the company of older brother Nicholas Hale Jr. also Joseph and others in the family, after meeting them in Fairfax County. When they reached the gap at Big Lick, later Roanoke, where the Staunton flows east out of the mountains, John homesteaded on Bent Mountain and the others nearby on the Piedmont Plateau.

Family tradition has it that John Hale, after leaving home early, went to Philadelphia with one of his brothers, that he bought slaves and joined the westward migration out through Lancaster County, Penn, to the Valley of Virginia.

His father Nicholas Hale Sr. died March 29, 1730 and did not mention him in his will probated in Baltimore County, Maryland, April 18, 1730. The only older son mentioned is Nicholas Jr. the eldest, born about 1702 and still in Baltimore County at the time of his father's death. Two much younger sons, George and Neale, the latter born in 1718, are named, although Henry, shown in parish records to have been born in 1721 is not mentioned.

Residence:
Listed in Capt Martin's Company for purposes of mutual defense against Indians. The List of Souls, Tithes and Taxable Property in this company shows him as a slave owner and possessed of a quantity of livestock.

Notes:
"Amos Richeson, John Hale, Hugh Innes and Archibald Gordon, Gent., their tithables, William Hale" and others were building a road in the Snow Creek vicinity

Other Events:

• Will: 18 Apr 1730, Baltimore County, Maryland; Will probated

Notes:

Will:
Nicholas Hale Sr. died March 29, 1730 and did not mention John in his will probated in Baltimore County, Maryland, April 18, 1730. The only older son mentioned is Nicholas Jr. the eldest, born about 1702 and still in Baltimore County at the time of his father's death. Two much younger sons, George and Neale, the latter born in 1718, are named, although Henry, shown in parish records to have been born in 1721 is not mentioned.

Nicholas no doubt had several older sons in addition to Nicholas Jr. Births of none of the older children are listed in local parish records and marriage dates are unavailable for those who had already moved west. Fragmentary information is available for on the immediate family of Nicholas and Frances Hale for Nicholas Jr, George, Neale, Henry, Mary, Hannah, Ann, Millicent and Subbiner.

The Gap between the first son Nicholas Jr, who was born about 1702 and Neale born in 1718 is over 15 years and during these years no doubt were born John and Joseph.

- Roots of Virginia: An Account of Thomas Hale, Virginia Frontiersman.

Last Will and Testament of Nicholas Haile - Maryland (From original Will found in Box 5, Foler 1, Hall of Records, Annapolis, Maryland).

IN THE NAME OF GOD, AMEN. I NICHOLAS HAILE of Baltimore County, in the Providence of Maryland, being weak of body but of perfect mind and memory, thanks be given to God for the same, hoping and sure trusting to Him for remifsion of my sins through His Son Jesus Christ our Savior and knowing the uncertainty of this mortal life have ordained and do ordain this to be my LAST WILL AND TESTAMENT and I do hereby utterly disallow and make of no value all other former wills by me made but do fully confirm this MY LAST WILL AND TESTAMENT.

I also will that my beloved wife, Frances Haile, to be my whole and soule executrix of this my Last Will and Testament and I do trust to her for a decent burial. I also will that all funeral charges and just debts to be honestly and loyally paid and discharged.

Item 1. I will unto my eldest son, Nicholas Haile half that tract of land called HAILES FELLOWSHIP whereon he now liveth to him and his heirs of his body lawfully begotten forever; the said land to be divided right across the middle and I will that my son GEORGE HAILE shall have the upper and next to George Hitchcock's to him and his heirs of his body lawfully begotten forever but and if my two sons, Nicholas Haile and George Haile leaves no lawful heirs then his part or his parts of land to the next of kin to be consigned as aforesaid forever.

Item 2. I say I will to my beloved wife, Frances Haile my now dwelling plantation called Part of Merryman's Lot and my now plantation called HAILES' Addition to her for her use without molestation during her natural life, and after her demise to my son Neale Haile and my daughter Mary Haile.

Item 3. To my son NEALE HAILE my now dwelling plantation which is called Part of Merryman's Lot to him and his heirs forever; also I will that my son Neale Haile to have part of that tract of land called Haile's Addition adjoining my now dwelling plantation and to begin at a great stone standing upon Great Run of this tract and to run with a straight line to a bounded black oak standing on the land called Haile's Addition to my son Neale Haile and his heirs lawfully begotten forever, and if he die without heirs lawfully begotten then all his land to the next of kin.

Item. 4 I also will that my eldest daughter, MARY HAILE shall have all the remainder part of that tract of land called Haile's Addition to her and her heirs of her body lawfully begotten forever, but and if she die with issue lawfully begotten then that land to the next of kin.

Item 5. I will unto my two daughters, HANNAH HAILE and ANN HAILE my tract of land called MOUNT PLEASANT containing 150 acres to be equally divided between them and for them and their heirs lawfuly begotten forever. Hannah to have her first choice but and if they, one or both, die with issue lawfully begotten then to the next of kin as above said.

Item 6. I give to my two daughters, MILLISANT HAILE and my daughter SUBBINER HAILE 100 acres of land lying on Stony Run called HAILE'S FOLLY to be equally divided between them, Millisant to have her first choice, to them and their heirs lawfully begotten forever, but and if they die with issue lawfully begotten then to the next of kin and to each of them one heifer a piece besides their equal share in the moveable estate.

Item 7. I also will that my three old negroes be to to my wife to maintain herself and my son Neale Haile as long as she liveth but and if my negro women bring children then the first child to my youngest daughter, ANN HAILE and the next to the next youngest and so on till each one of my children have one negro child if so be that the negro woman or women should bring so many but and if my wife should die then the three old negroes to my son Neale Haile but and if he should die with issue then the next of kin.

Item 8. I will that my son GEORGE HAILE have the mare colt that is now with and come of my mare called Dainsy and the next colt that either of my mares bring to my daughter Ann and the next to my son Neale Haile. Also all the rest of my personal estate to be equally divided among all my children.

Dated: 27th day of February 1729/30 /s/ Nicholas Haile. Witnessed by John Merryman, Sr; Johannah Merryman and Francis Hinckley

Nicholas married Frances Broad. [Group Sheet] [Family Chart]