In the name of God Amen, I Nathaniel Ware of the County of Caroline, of sound mind and disposing memory looking to the certainty of death, and the uncertainty of this life, do make and ordain this my last Will and Testament having revoking all other Wills by me heretofore made in manner from following to Wit;
Item 1st, It is will and desire that all my just debts and funeral expenses be paid by my Executors out of any portion of my Estate, and with the payment thereof.
Item 2nd, After my death, I give to my Wife, Ann G. Ware enough provisions of Corn, Pork or Bacon and fodder (sic), as the case may be to last and sustain herself and family for the space of one year next succeeding my death.
Item 3rd, I have heretofore advanced to my first three children by my first marriage, Viz; to Nicholas Ware property (sic), to the amount of Twelve hundred Dollars, to Nancy, my Daughter, who intemarried with Geo. F. Guy, property, (sic), to the amount of Twelve hundred Dollars, and to Amey E. Ware property , (sic) to the same amount. I have also advanced to my Son Edwin a Negro, Sam, with other property, amounting to the sum of Six hundred Dollars. Now it is my Will and desire that my advanced Children, and my Grand Children by my Daughter Nancy, receive no money of my Estate until all of my Children shall receive from my Estate the said sum of Twelve hundred Dollars.
Item 4th, The rest of my Children, Viz Frank, Sarah, Nathaniel and John as they arrive at the lawful, or in the event of their marrying, before they attain lawful age, I desire that they respectively be advanced out of my Estate, either in money or property, the amount of Six hundred Dollars, at the direction of my Executors.
Item 5th, In making the advancement to Sarah, I desire that she receive Barbara as a portion of the advancement, if she be living at the time she marries or attains lawful age.
Item 6th, In making the advancement to Nathaniel, I desire that he receive James and Elijah and to John that he receive Jackson and Jourdan, if living, if not that they receive others of my Negroes of equal value.
Item 7th, The whole of my Estate both real, personal and chattle, I loan to my Wife during her natural life, charging it however, with the advancements herein before mentioned, to be made at the times, and upon the conditions specified.
Item 8th, Should my Wife desire it, she is at liberty to sell a portion of my land, to Wit, that portion of it lying on the north side of the road leading from Duvallston to the Old Stage road,, for the purpose of raising the advancements herein before mentioned; and my Executors are hereby empowered to make the necessary conveyances to the purchaser.
Item 9th, Should, I in my life time, make any advancements to my unadvanced Children, or any additional advancement to those already advanced, (of which it is my purpose to keep a statement) then it is my purpose , that such advanced Child or Children receive less from my Estate, during the life time of my Wife by, such advancement.
Item 10th, In making advancements to my Children during the life of my Wife, I desire that a uniform rule of valuation be observed, so that my unadvanced Children may not be injured or benefitted by the flucation in the price of Negro property.
Item 11th, At the death of my Wife, I give to my Son Nathaniel, and my Son John, my two youngest Children, the sum of Three Hundred Dollars each (over and above my other Children.
Item 12th, After the death of my Wife, and upon the final division of my Estate, I desire that my land by sold by my Executors, and that the money arising from the Sale thereof together with the the whole of my personal Estate loaned to my Wife after giving each of my Children, which may have been advanced, and to those which may not have been advanced a sum sufficient to make them equal to my three first advanced Children, and to my tow Sons, Nathaniel and John, the additional sum of Three hundred Dollars, be equally divided among all my Children, except such as may be hereafter excepted, and my Grand Children by my daughter Nancy now deceased, they taking their Mother’s share, so that an equal division of my whole Estate be made among all my Children with the exception of Nathaniel and John, to whom I give Three hundred Dollars each, over and above my other Children.
Item 13th, After the death of my Wife, my wish is that my son Nicholas come in for no portion of my Estate whatever, his advancement made to him, and the Money I have paid & am now bound to pay for his as security, being more than an equal part of my Estate, that is to say, I hereby exclude him from any other share in my Estate.
Item 14th, I hereby appoint my Wife Ann G. Ware & Francis W. Scott Executrix & Executor to my Last Will and Testament. Given under my hand & seal this __ day of February 1844.
Nathaniel Ware Seal
Warner M. Mason
In Caroline County Court 8th May 1848
The foregoing Will was this day provided in Court, proved by the Oaths of Richard Hutcherson and Warner M. Mason, two of the Witnesses hereto; and Ordered to be Recorded.
John S Pendleton (sic)
John S. Pendleton (sic)
Will provided by researcher, Tressie Anna Ware Leppo
Transcribed for this site by Vicki Ware Cheesman