LAST WILL AND TESTAMENT OF JOHN WARE
Transcribed by Marti Martin
I, John Ware, of Goochland County, do make this testament as my last will and testament, revoking all other wills or instruments by me heretofore made.
1st. I lend to my son James Ware the following lands, and after his death to be disposed of in the following manner. Viz: two tracts of land containing four hundred acres, called thereon by the names of Lawsons and Cole, John Payne’s tracts extending on the Little Byrd creek from Robert Pace’s to the widow Pace’s, and after the death of my son James, I give the aforesaid four hundred acres of land to my four grandsons, John Ware, Robert Ware, Richard Ware, and James Ware, to them and their heirs forever, subject to a regulation hereafter to be made, also one other tract or parcel of land on the little Byrd creek, running on the said creek from the widow Pace’s line to Stephen Johnson’s line so as to include the tract of land that I purchased of Ben Johnson’s estate, making in the whole two hundred and forty acres, and after the death of my son James, I give the aforesaid tract or parcel of land to my two grandchildren, Betsey Wyett and Richard Wyett, to them and their heirs forever, subject to a regulation hereafter to be made. One other tract or parcel of land lying on the Whittle Creek where I am building a Mill, it being the lands formerly owned by John and Susanna Pace. And running up to a new line to be made or run from a corner of Jesse Pace’s line to Jesse Miller’s line so as to make the aforesaid tract to contain about one hundred and eighty acres. And after the death of my son James, I give the aforesaid tract of land of one hundred and eighty acres to my grandson, Nicholas Ware, to him and his heirs forever, subject to a regulation hereafter to be made. One other tract or parcel of land laying in the County of Fluvanna on the Rivanna River, my son James is to try to endeavor to get an Act of Assembly passed for building a Mill on the said tract of land by taking the water from the Rivanna River, and if he gets leave to build a Mill, he is to have it built out of my estate, and after the death of my son James, I give the aforesaid tract or parcel of land to the sons of William Ware and John Mosby, to them and their heirs forever, subject to a regulation hereafter to be made. It is my express will and desire that all the above tract or parcels of land requiring a division that it be done equally agreeable to its value and in no case those to whom I have given it shall be at liberty to make sale of it to any person during their lifetime without it is to one of the parties who claim in the aforesaid lands or to one of the heirs of my estate, being desirous that it should continue in my family during their lives.
2nd. I give to my two daughters Milley Ware and Molly Ware the tract or parcel of lands whereon I live, beginning on the Big Byrd creek with the line of William Yates and running down the said creek to the lands formerly owned by Howell Lewis, and adjoining the lands on which Mrs. Tinsley lives, the lands of Jesse Pace, and to run with the new line to be made from the said Pace’s line to Jesse Miller’s line and with the said Miller’s line to William Yates line to the beginning. Also two tracts of land called thereon by the name of Merrious, containing eighty four acres each, which tract of eighty four acres each are to be rented out until the Mill on the Whittle Creek is finished and then to go to the use of my said daughters. Also, I give to my two daughters Milley and Molly all the blacksmith tools, all the tools or implements for carrying on the tan yard, the three blacksmiths, Joe, Jack, and Jim, and the two tanners, John and Reuben, my carriage and the two carriage horses, the loom and the implements belonging to it, two desks and bookcases, the bureau, 5 feather beds and furniture, two curtain bedsteads and curtains, three common bedsteads, 4 dining tables, 2 dressing tables, two looking glasses, all the sitting chairs, all the pictures and maps, all the window curtains, the clock, six trunks, two pair fire tongues and shovels, all the cupboards and all the earthen ware, glassware, knives, forks, and spoons, all the waiters, grindstone, all the cyder casks, and all the salt. All the aforesaid lands and property are to return to my estate at the death of my two daughters, Milley and Molly should they have no heir or issue of their bodies, and be divided among those of my grandchildren who have had no lands from my estate, but if they or either of them should have heirs or issue of their bodies, then it shall go to my said daughters, to them and their heirs forever. Also, I, John Ware, give to my said daughters, Milley and Molly, the following slaves, viz: Lewis, Salley, Malenday, Jenny, Isham, Nelly, Simon (called Lewis Simon), Celey, Mary, Judy, Jesse, Moses, Fielding, Jordon, and little Isbell, making fifteen in number, also as much corn and bacon as will be sufficient for their use for one year after my death, as also the sum of one hundred dollars cash for pocket money. All the slaves together with all the increase of the females I give to my said daughters to them and their heirs forever. All of the aforesaid lands and property is given to my said daughters in consequence of advances made all my other children on their marriage.
3rd. I give unto my son William Ware my tract of land on Dan River, laying near the lands on which my said son lives, containing six hundred and thirteen acres, also the rents which he owes me for the rent of the said lands, to him and his heirs forever the aforesaid lands and rents, being his full proportion of all my estate, both real and personal.
4th. I give to my granddaughter Betsey Wyatt one Negro boy called and known by the name of Philling Ned, to her and her heirs forever.
5th. I request that my Executors select out of my young Negroes one for each of my grandchildren and give it to them, which shall be theirs and their heirs forever, except for Betsy Wyatt, she having one already given, and the children of my son William Ware, and they shall have the sum of one hundred dollars paid them in lieu of a young Negro, as they live at so great a distance, and I not wishing to divide or separate parents and children.
6th. My will and desire is that all the balance of my estate, both real and personal which has not been heretofore disposed of shall be equally divided among my five children, (without making sale of any of it). Viz: James Ware, Nancy Wyatt, Jenney Mosby, Milley Ware, and Molley.
7th. My will and desire is that my son James Ware make use of as much of the lands first left to him during his life as he may want for his own use, and the rest of them to rent out, and the rents arising from them to be applied to the building or finishing the Mill on the Whittle Creek, and should the aforesaid rents not be sufficient to finish the said Mill, he is to make use of as much of the money belonging to my estate as will finish it.
8th. I nominate my son James Ware and Richard Wyett my executors to carry this my last will and testament into effect and it is my wish that they not be held to security. In Witness whereof I have hereunto set my hand and seal this 24th day of February 1816.
Witnesses: Jesse Pace Sr., Jesse A Miller, Stephen Crank, Wm S Appleby, Jeremiah F Pace, J Napier
A codicil to the foregoing will is that my daughters Milley Ware and Molley Ware shall be at liberty to select from among my kitchen furniture as much as they may want for their use so as to include a large copper kettle with the articles selected.
I, John Ware, do make and annex this codicil as a part of my last will and testament. I give and bequeath to my daughter Jenney Mosby the sum of five hundred dollars to be paid to her in cash, and I give and bequeath to my daughter Nancy Wyatt the sum of two hundred and fifty dollars to be paid to her in cash. Thirdly, I give and bequeath to my two daughters Milly Ware and Molley Ware all the cotton wheels, flax wheels and cards so as to include all the implements for carding and spinning. 4th I give and bequeath to each of my great grandchildren, except the grandchildren of my son William Ware, one of the smallest young Negroes, to each of them and to their heirs forever, and should my son William have any grandchildren, I give and bequeath to each of them the sum of one hundred dollars to be paid to them in cash, and it is further my will and desire that if any part of this, my will, should not be perfectly understood by my executors, that my friend John Napier shall be called on to explain it to them, this explanation to be admitted as I consider him to have the best information of my intentions. As witness my hand and seal the day and date above.
Signed, sealed, and acknowledged in presence of
Wm M Puryear
At a Monthly Sessions Court held for Goochland County at the Courthouse on Monday, the 17th day of June 1816, this writing was presented in Court and proved by the oaths of Jesse Pace Sr., Stephen Crank, and John Napier to be the last will and testament of John Ware, dec’d. And the first codicil was also proved by the oaths of the said Jesse Pace Sr., Stephen Crank, and John Napier. And the second codicil annexed was also proved by the oath of the said John Napier, and ordered to be recorded.
At a Quarterly Session held for Goochland County at the Courthouse on Monday the 19th day of August 1816, Inventory and Appraisement of the estate of John Ware, deceased, in Goochland County, was presented in Court and ordered to be recorded. (Value $23,019.70)
Inventory of the personal estate which belonged to John Ware of the County of Goochland, deceased, at the time of his death, produced for appraisement according to law by James Ware and Richard Wyatt, executors.
The foregoing contains a true inventory of all the personal estate of the late Capt. John Ware, dec’d, in the County of Fluvanna which has been in our possession since his death. (Value $5,985.00)
At a Quarterly Session Court held for Goochland at the Courthouse on Monday, the 19th day of August 1816, this inventory and appraisement of the estate of John Ware, deceased, in the County of Fluvanna was presented in Court and ordered to be recorded.
List of appraisement of the estate of John Ware, dec’d, taken and made this 13th August 1816 at Hoopers Rock, Cumberland County.
At a Monthly Sessions Court held for Goochland County at the Courthouse on Monday, the 16th day Sept 1816, this inventory and appraisement of the estate of John Ware, dec’d in Cumberland County, was presented in Court and ordered to be recorded. (Value $1,988.50)
(Note: The Will contains several inventories for all the properties, but were omitted from this biography. There is also a plat map for the property surrounding Whittle Creek that was given to four of James’ sons.)
Source: Goochland Circuit Court Clerk, Goochland Co., VA