He is named in his father's will, written September 5, 1827 and recorded in Will Book #D on page 282, on September 24, 1827, in the Washington County Clerk's office in Springfield, Kentucky. Others named in the will were his mother, Nancy Hayden, who was to receive the "land where I now Live", deeded to me by Mordecai Lincoln [uncle of Abraham Lincoln, later the U. S. President] his brothers: William Hayden, James L. Hayden, Henry Hayden and Philip Hayden, his sisters, Nancy (Hayden) Hagan and Martha (Hayden) Hays. Also named in this instrument were his father's brother, George Hayden, his niece, Martha hays, and nephews: James Hays, Wilford Hays, Henry Hays, Thomas Hays and Philip Hays. He also stated, "After my wife's death Henry Hayden was to take care of my son Charles T. Hayden." He named his wife Nancy Hayden and his son Henry Hayden executors of this will which was witnessed by: Daniel McCullom, William Rudd, and P. Kelly.