James D. Ware Will, 1853, Hinds Co., Mississippi

James D. Ware’s Will, Hinds County, Mississippi, in feeble health.
(1) All my negroes, stocks, “my Tinnen tract of land,” land on Pearl River occupied at present by my brother, M. Pendleton Ware, to be sold for best interest of the estate.
(2)  Little tract on Society Ridge, bought of Dr. J. A. Cotton, I bequeath to my friend, Abram Owens, of Hinds County, as a home for himself and family.
(3)  The interest I claim in the Brunswick Landing Tract of land on the Mississippi River which has been in litigation in Chancery Court of Miss. at Jackson for some years, I bequeath to my friend Burr Garland, if anything should be recovered from said suit.
(4)  To Dr. Micajah Pendleton’s two daughters, Susan and Sarah, living in Rockbridge County, Virginia, I bequeath a debt due me from their father of $1,000, it being a draft Dr. Pendleton drew on me.  This amount I desire him to pay the two girls without interest in the lifetime of the Doctor, if he should feel able to do so;  if not, to be paid them from his estate after his death. 
(5)  The children of Col. William H. Garland, of New Orleans, by my late niece, Frances Ann Eubank, I bequeath the amount of the debts due me from their father amounting to $2,000.
(6)  To each of the children of my deceased brother, Dr. William A. Ware, I give the sum of $100, which I desire be invested by my executors in some suitable memento as a token of my affectionate regard for them.  The large amount of property they will in all probability receive from their mother makes it unnecessary for me to do more for them. [Mrs. Margaret Ware was the daughter of  Governor Charles Lynch of Mississippi.]
(8) (sic)  To my brother M. Pendleton Ware of Hinds County, Mississippi, $5,000 from the first cash after my debts are paid, to enable him to engage in some commercial business in Brownsville, Tennessee, to which place I so earnestly advise him to remove and settle for life.
(9)  To the little son of my deceased brother, A. H. Ware (sic)[Adolphus H. Ware], living in the County of Madison, and for whom I am now guardian, I give $1,000.
(10)  To my brother Garland P. Ware, of Louisiana, my gold watch in token of my affectionate regard for him.  He does not, I am sure, desire more of me.
(11)  To my brother K.S. Ware (sic) [Reuben Seldon Ware] of the state of Wisconsin, $3,000 to be paid Jonah Marvin, Esq., as trustee, to be invested by said Marvin in the purchase of a house for my said brother and his family.
(12)  To my affectionate sister, Mrs. Mary Eubank, of Hinds County, I bequeath the whole amount of the debt due me from her husband, also $8,000.
(13)  To my affectionate sister, Mrs. Ann Peebles, of Brownsville, Tennessee, $7,000 and the proceeds to the children of my sister, Ann Peebles, including Sarah, the half-sister as one of them; and a third for Virginia Eubank, Cornelia Eubank, and Ada Eubank, youngest daughters of Mrs. Mary Eubank, and to the orphan child of my friend Harvey Stewart [ William H. Stewart and Margaret N. Eubank], to share alike.
(14)  John D. Ware and M.N. Eubanks (sic) [Richard N. Eubank, Mary’s husband], Executors.
Signed: James D. Ware, Nov.18, 1853. Probated Feb. 1854.  Wit:  Philip Hilsheim, J.W. Shaw, and John I. Guion. 

Source:  Will courtesy of Martha Baskin


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