Charles Frederick Hayes
- Born: Jul 1853, Cincinnati, Hamilton, Ohio, USA
- Marriage (1): Nannie D. Buffington on 11 Feb 1880 in , Dearborn, Indiana, USA
- Marriage (2): Isabella Rosson on 7 Jun 1899
- Died: 9 Oct 1918, New Orleans, Orleans, Louisiana, USA at age 65
- Buried: 10 Oct 1918, Greenwood Cemetery, New Orleans, Orleans, Louisiana, USA
Per 1860 US Census: Series M653 Roll 252 Page 38 Dearborn County, Lawrenceberg, Indiana.
(Husband Charles is living at his mother's house in Hamilton County, while Josephine is living with her child at her mother's Indiana home.) The handwriting is hard to read, but head of household is Latitia Lucas, a DE born 55 year old female, personal estate value $100. Also living in the house is Josephine Hayes, 24, of Indiana, and her 6 year old son Charles F. Also living in the home is 18 year old Harry Denny, born in Ohio.
Had seven children with first wife (Buffington), but four died in infancy (Hayes Family Book). Charles had no children with 2nd wife (Isabelle Van Buskirk).
Per Article in the Cincinnati Daily Gazette (Cincinnati, Ohio) 12/4/1867 Page 4
An Interesting Will Case - A Child Seeking Interest in His Grandfather's Will.
Before Judge Force.
Charles F. Hayes, by his guardian, vs. Silas V. Hayes et al. - This is a case involving something of a romance in real life. The plaintiff is a little boy of four years, whose father did not succeed in pleasing the family in his choice of a wife. In consequence, as it is alleged, Enoch Hayes, the grandfather of the plaintiff, provided in his will that his property should be divided in fifths, one-fifth to each of his two daughters, and three-fifths to his two sons, Moses and Silas V. The position assumed by the plaintiff is that it was his intention to provide one-fifth to his son Charles, (father of the plaintiff,) but desired to give it in trust to Moses and Silas, rather than to let Charles' name appear in the will. The reason of desiring to keep Charles' name out of the will, was that they thought the difficulty with Charles' wife could be better settled if she was left to believe that her husband had nothing left him in the will.
Enoch Hayes, the testator, died in 1857, leaving five children, to whom (except Charles) he divided his property as already stated. Charles had married in 1853 - the marriage being not approved by the remainder of the family. He did not live with his wife, though it does not appear that any measures were taken for a divorce. In 1861 he entered the service, and in 1863 he was killed while acting as Major of the 5th Ohio Calvary. His son, the present plaintiff, was born a short time after he went into the army.
Timothy Guard, a son-in-law of Enoch Hayes, testified that he lived near Lawrenceburg, Indiana, near the residence of his father-in-law. He said that in July, 1854, the children of Enoch Hayes, except Charles, met at the old man's house, to consult on the matter of the will. The old man told them that he intended his boys should have the home farm, but he would will Charles' share to Moses and Van, and they were to transfer his share to him when he has settled the difficulty with his wife. He stated that Charles was to have a 40 rod strip off the east side of the bottom farm, running down to the river. The witness and Mrs. Hayes were present at this agreement.
Subsequently, when the boys talked of the matter, they were anxious to have Charles to arrange with his wife that the division of the property could be made at once.
The brothers Moses and Van frequently spoke to the witness on the subject, and always said they would carry out the arrangement, even after the death of the old gentleman. They always spoke of the east side as Charles' share. He spoke of it himself the same way, and the brothers spoke of having had the lines surveyed between them and between Moses and Charles.
After Charles' death there was a valuation of the lands of Charles, and it was divided into four equal sums. Notes were given by the surviving sons to the daughters. After taking out the claims against Charles, his share was valued at about $14,000. Deeds were made for the land. At the time of this settlement one of the sons remarked that it would be better to give the girls the money, and let the lands remain as they were willed, because if the deeds were made to the girls the whole thing would come out, and Josephine (Charles' wife) would claim her share. This matter of Charles' share being given to Moses and Van was kept a family secret, for fear Josephine would claim her husband's property.
Charles met his wife and child at witness' house. He never disowned the child.
The testimony of Mrs. Guard was similar to that of her husband.
The testimony of one on the tenants of Charles' portion of the farm was also heard.
The case is not yet concluded.
Jordan & Jordan and C. Gazley for plaintiff; Collins & Herron and A. Brower, contra.
Per Article in the Cincinnati Daily Gazette (Cincinnati, Ohio) 12/5/1867 Page 4
The Hayes Will Case-Continuation of the Testimony.
Before Judge Murdock.
Charles F. Hayes, by Guardian, vs. Silas V. Hayes et al. - We are obliged, out of regard for truth, to destroy that portion of the romance we attributed to this case, which consisted in putting the age of the plaintiff at four years. The mistake was not intentional, but occurred by a wrong figure, which put the child's birth in 1863 instead of 1853. He is, consequently, fourteen years of age.
John F. Cheek, Clerk of the Dearborn Circuit Court and uncle of the plaintiff, testified that he was present at the marriage of Charles S. Hayes and Josephine Lucas, the parents of the plaintiff. Charles had been paying his attentions to Josephine some time before that. The marriage was not compulsory, but that he said on the day of the marriage he had come to make arrangements for the marriage on the next Sunday. When Gen. Lucas said that he would prefer that the marriage had taken place before, Charles said he would have married sooner if his folks had not been so bitterly opposed to it. He was willing to do right, and if it could be arranged he was willing that the marriage should take place that night. At his suggestion the matter was arranged, and the marriage did take place. He remained with his wife that night, but never lived with her afterward. This was in April, 1853.
There were no threats or coercion whatever used to compel him to enter into the marriage. He was not only willing but anxious to get married. The plaintiff was born in July after the marriage. On the evening before the marriage he admitted that he had been engaged for some time.
Gen. Lucas testified to substantially the same facts.
Further testimony concerning the marriage of the father and mother of the plaintiff was given by Mrs. Lucas, the mother of Mrs. Hayes. John Moore and Daniel Guard were also examined.
The defense read the deposition of Judge Wm. Jessup who drew the will. He said he heard nothing of the family secret of Charles' portion having been given to the other boys. He asked Mr. Hayes what he was going to do for Charles, but he made no reply. David Guard and Abiah Hayes, witnesses to the will, testified that they heard nothing said of any trust in the will. Mrs. Sarah Hayes, the widow of the testator, said she took under the law in order to do something for Charles.
George W. Haire, a surveyor, testified that he surveyed the farm, but understood it was for purposes of cultivation. He heard nothing said about a part of it belonging to Charles.
William Gibson and Ezra Guard had rented the land. They did not know Charles as the owner or claimant of any portion of it.
Silan V. Hayes testified concerning the division of the property, and denied that anything was said about dividing Charles' share. He said he and his brothers joined in the deeds to the sisters, and had the impression it was not necessary for their husbands to join in the deeds.
The Court adjourned before the close of Mr. Hayes' testimony.
Per Article in the Cincinnati Daily Gazette 10/10/1868 Page 1
HAMILTON COUNTY DISTRICT COURT.
Amending Pleadings on Appeal.
Josephine Hayes vs Silas V. Hayes et. al. - This case coming before the Court on appeal, an application was made by the plaintiff for leave to amend the pleadings so as to include a claim for rents from the land since the death of Charles Hayes, the testator. The defendants resisted this on the ground that if it was such a separate action against third persons as would not allow it to be joined in the Court below, it could not be added on appeal.
The Court allowed the amendment to be made provided the persons against whom this charge is made, be specifically named.
Jordan and Jordan and Gazlay for plaintiff; Collins, Gholson and Brown, contra.
Per 1870 US Census: 14 Jun 1870, Lawrenceberg Township, Dearborn County, Indiana
In the household are -
David Ellis, 38, white male, of Ohio
Fredericka Lucas, 66, white female from Delaware
Josephine Hays, 33 year old white female, keeping house, from Indiana
Charles Hays, 17 year old white male from Indiana
Per 1880 US Census, 6/2/1880, West High Street, Lawrenceburg, Dearborn County, Indiana
Charles Hayes is a 27 year old white male, a lawyer by trade, born in Indiana, his parents in Ohio. His wife, 25 year old Nancy, was born in Indiana, her father in Indiana, her mother in Ohio.
Per 1900 US Census, 6/4/1900, Whitewater South, Hamilton County, Ohio
Head of household is 46 year old white male, Charles F. Hayes, born July 1853 in Indiana, his father in Ohio and his mother in Indiana. He is an attorney and owns the house he lives in with his wife and children. His wife is Isabella, 43 years old, born September 1857 in Kentucky as were her parents. They have been married one year. Isabella has had 2 children, 1 still living. Living with them are 3 children from Charles' first marriage. They are: 15 year old son Frederic, born Aug 1886, born in Indiana, attending school; 12 year old daughter Helen, born June 1887 in Indiana, attending school; 6 year old daughter Dorth, born May 1894 in Indiana.
Also living with them is Charles' mother, 63 year old Josephine Dumont, born May 1837 in Indiana, her father in France and her mother in Delaware. Also, 19 year old niece Nannie Parham, born November 1880 in Kentucky, as were her parents.
Per 1904 New Orleans, Louisiana City Directory
Hayes Charles F. collector, r. 4729 Constance
Per 1905 New Orleans, Louisiana City Directory
Hayes Charles F. agt. Metropolitan Life Ins. Co. 512 Hennen bldg. r. 4729 Constance
Per 1910 US Census: 4/18/1910 Ward 5, New Orleans, Orleans, Louisiana
719 St Ann Street, New Orleans, LA Head of household is 55 year old white male Charles Hayes, in the 9th year of his second marriage. Born in Kentucky, his father in Louisiana, mother in Indiana, he works as an insurance saleman. His wife Bell is 54 year old, had one child, still living. Bell was born in Kentucky, as were her parents. Living with them are Charles daughter Dorothy from his first marriage. Dorothy is 15 years old and was born in Indiana. Also living with them is Charles mother, Josephine Dumont, 73 years old and born in Indiana.
Per 1911 New Orleans, Louisiana City Directory
Hayes Charles F. agt. Nat. Life & Accident Ins. Co. 931 Canal, r. 719 St. Ann
Per 1916 New Orleans, Louisiana City Directory
Hayes Charles agt. Nat. Life & Accident Ins Co of the U S of Am 435 Carondelet r 3313 Marais
Per New Orleans States 10/10/1918 Page 18
Charles F. Hayes, 65, 3157 Urquhart.
Per Times-Picayune 10/10/1918 Page 2
HAYES -- On Wednesday, October 9, 1918, at 4 o'clock a. m., aged 63 years 8 months, CHARLES F. HAYES, husband of Isabella Rosson, a native of Lawrenceburg, Ind., and a resident of this city for the past fifteen years.
The relatives, friends and acquaintances of the Hayes, Rosson, Buffington and Dumont families are respectfully invited to attend the funeral, which will take place this Thursday, October 10, 1918, at 3 o'clock p. m., from the late residence of the deceased, 3157 Urquhart street, between Clouet and Louisa.
Interment in Greenwood Cemetery.
Cincinnati, O., and Lawrenceburg, Ind., papers please copy.
Per New Orleans Death Index:
Hayes, Charles F. 65 yrs M W 10/09/1918 Volume 173 Page 454
Charles married Nannie D. Buffington on 11 Feb 1880 in , Dearborn, Indiana, USA. (Nannie D. Buffington was born on 15 Jan 1854 in Cincinnati, Hamilton, Ohio, USA, died on 20 Sep 1897 in Greendale, Dearborn, Indiana, USA and was buried in Greendale Cemetery, Lawrenceburg, Dearborn, Indiana, USA.) The cause of her death was Cancer.
Per Indiana, Marriages, 1811-1959
Name: Charles F Hayes
Event Type: Marriage Event Date: 11 Feb 1880 Event Place: , Dearborn, Indiana
Registration Place: , Dearborn, Indiana, United States
Marriage License Date: 10 Feb 1880
Spouse's Name: Nannie D Buffington
Spouse's Gender: Female
Officiator's Name: Martin L Wells Minister of the Gospel
Page: 14 GS Film number: 000209862
Digital Folder Number: 004476501 Image Number: 00037
Number of Images: 1
Charles next married Isabella Rosson on 7 Jun 1899. (Isabella Rosson was born about 1857 in Kentucky, USA, died on 13 Dec 1928 in New Orleans, Orleans, Louisiana, USA and was buried on 14 Dec 1928 in Greenwood Cemetery, New Orleans, Orleans, Louisiana, USA.)