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Second Generation

4. Lucinda HAYS was born about 1821 in Tennessee.

The only reason I have included Lucinda Hays as another possible daughter of Delitha is because in the 1850 census in Tippah Co MS, Elias Hays, son of Delitha, was living next door to Lucinda and her husband in a virtual nest of the family of John Malone, instead of near his mother.

Lucinda Hays and Gabriel Malone were married in Hardeman Co TN on 11 Jan 1839. E. H. Nixon married them; James G. Bell was the bondsman. It is interesting that James G. Bell was also a witness to the will of one Robert Hays in Hardeman Co TN, dated 9 Jun 1830; and was also the bondsman when the widow of Robert remarried. She was Celia "Seely" Hays, maiden name unknown, and married Wm. W. Shackelford on 8 Apr 1837. One database online gave her name as Lucinda Hays Taylor, but the marriage record is Lucinda Hays..

1845 Mississippi State Census lists Gabriel Malone in Tippah Co with 2 males, w females in the household. He was two names from Charles Vinson who might have been his brother-in-law.

I do not believe Robert Hays has any direct kinship to my family, nor is there any indication he was kin to Lucinda. However, I researched him in hopes of finding more. In July of 2007, I was contacted by a descendant of Robert Jr & Eliza Hart to discover that he moved to Yalobusha Co MS, then to Lousiana, finally to Arkansas. She believed she had also found the son John Hays in Arkansas.

Robert Hays had four children named in the will - sons John and Robert and daughters Lodicah & Emily. Emily was young enough that she required a guardian. John & Robert were executors of the will. The 1830 Census of Hardeman Co TN reveals Robert Hays Sr to have been between 50-60 years of age and his wife was the same; a son between 20-30 was still at home [possibly John], one of the daughters listed as 10-15 [probably Emily], the other was 15-20 [Lodicah]. Robert Jr was in this census - he had married Eliza Hart on 4 Jun 1827 and was also age 20-30. Lodicah, listed as Lodoriska Hays, married Asa Parker on 14 Feb 1834 - Asa was one of the buyers at the Estate sale of Robert Hays Sr on 23 Jul 1834 as were John, Robert, and Celia Hays. No other Hays was listed as a purchaser. Emily Hays married William Thompson on 26 Oct 1847. The daughter's marriages are found in the Hardeman Co TN marriage records. Emily was age 31[born 1819] in the 1850 Census. Her mother "Seely" Shackleford, age 65 [born 1785], was living with her and her husband, William Thompson.

Some of the records of Hardeman Co reveal a liitle more. On 23 Oct 1834, Robert T. Hays [Robert Jr] gave to John Hays his Power of Attorney to settle the estate of Robert Hays. Robert sold his share to William W. Shackleford [who would marry his mother] on 16 May 1835 and the deed shows he was then of Yallobusha MS. On 2 Jul 1835, John T. Hays sold part of his share of his inheritance as well and then on 27 Aug 1835 he witnessed the sale when his mother sold her dower part. The final sale found in the deeds was on 28 Dec 1835 when John, as Attorney for Robert, sold the remaining property of their father. This is the last appearance of John Hays in the records - there is no indication of where he lived [Descendants believe he went to Louisiana, then Arkansas]. I can find neither John nor Robert in the 1840 census [Robert believed to be in Louisiana]. They also disappear from the tax records of Hardeman Co TN when they hold no more of their father's property.

1850, Tippah Co MS, Hh 1014:
Gabriel Malone, age 30, b. NC. Lucinda age 20, b. TN [She couldn't have been 20 if she married in 1839 so her age is an error.]
William H. age 9, Ann E. age 7, John R. age 5, Henry C. age 3, Z. Taylor age 4/12 - all born in MS.

I also researched the Malones looking for clues.
Gabriel is believed to be a son of:
Hh 1009: John Malone, age 70, born NC; his wife Anice age 60 b. NC, a son Leonard age 20, b. NC

A Gilbert Malone was on the same page as John and Martin Hays in that 1850 census. He was also a son of John Malone. Gilbert was 36, born in 1814 in NC. Another son of John is believed to be Riley Malone, age 25, also born in NC. John, Riley & Gabriel are all on the same page of the census as Elias Hays. Gilbert Malone was living next door to Martin & John Hays, believed to be brothers of Elias, a short distance away. There is a Malone widow on the same page as John, Riley & Gabriel. She was Martha F. Malone age 50, b. NC and had four children, John 17, Caroline 14, Thomas 13, and Catherine 10, all born in Tennessee.

There were other Malones in Tippah Co - the family of one Booth Malone who had come from Virginia - several of his children were born in Alabama and some of them lived in Fayette Co TN. They seem to be unrelated to John and his family, but the possibility of an earlier relationship remains. One of John Malone's daughters married a John Booth in Jefferson Co TN in 1832.

John Malone and family seem to have followed the same migration pattern as the Hays family. His youngest son Leonard, born in NC about 1830, then they may have spent some time in Tennessee as the widow Martha's children were all born there beginning about 1833. John Malone & Delitha Hays are both present in the 1840 census in Tippah Co MS. This family virtually vanishes by 1860. No possible Leonard or Gabriel Malone is found at all. A Riley Malone found in Tishomingo Co MS was age 30, b. NC [he had been 25 in 1850]. Wife is Emily; wife was recorded as Eliza in 1850, but he is said to have married Emily Carter. Jesse age 3 and John 7/12. He and Eliza had been married within the year of 1850 so this man could possibly be the same if Eliza died within a few years. There was in 1860 a Gilbert Malone, age 44, born NC [he had been age 36 in 1850]. Wife was Mary; wife had been Susan in 1850. [This agrees with an online database which has the two wives, no surnames. The 1860 Gilbert Malone was in Christian Twp, Independence, AR. He had two young children by Mary in 1850 and they are not present. Children now are three little girls between ages of 7 and 2 months and all born in AR.
Two of the daughters of John Malone were in Sebastian Co AR in 1860 - Rebecca who had married Dennis Barnes in Jefferson Co NT, 1832; and Lavicy who had married John Booth.

Lucinda HAYS and Gabriel P. MALONE were married on 6 January 1839 in Hardeman County, Tennessee. Gabriel P. MALONE, son of John MALONE and Anice [MALONE], was born in 1820 in North Carolina.

Tippah Co MS Circuit Court Records 1849-1886
State Vs. Andrew A. Turnbow. Mar 1851. Shooting Gabriel Malone, Aug 3 1848. Death of deft. Suggested.

Online databases say that Gabriel died about 1856-57 in Hardeman Co, TN, and Lucinda died about 1860. Some databases suggest a first wife name Josephine Hayes - other's give Lucinda's surname as Taylor, but the marriage record is plainly Lucinda Hays

1845 MS State Census
Gabriel Malone, 2m, 2f, p.34 (2 from Charles Vinson who might have also been married to a Hays)

1850 Census. Tippah Co, MS, Hh 1014, next to Elias Hays
Gabriel Malone, 30, b. NC
Lucinda, 20, b. TN (I believe ages are wrong as they married in 1839)
Chldren all born in MS: Wm. H. H., 9. Ann E., 7. John R. 5. Henry C. 3. Z. Taylor, age 11 months