William Ware Will, 1852, South Carolina

The State of South Carolina

In the name of God Amen ! ! !

I William Ware of Abbeville District& State aforesaid, being of sound and disposing mind memory and understanding but knowing that it is appointed unto all men to die and being desirous of making some disposition of my estate and property do make this my last will and testament hereby revoking all former will made by me.

  1.  My will and desire is that all my just debts be paid.
  2.  I give devise and bequeath unto my Executors herein after named a tract of land containing one hundred and fifty acres, being the South East part of the tract of land on which I now reside bounded by the Cambridge road lands of Allen Dodson & Turkey creek & the Horse water branch to be run along the above boundaries, being that part of my lands upon which James M. Vandiver now lived , to them their heirs & assigns in trust to and for the sole and separate use & behalf of my daughter  Malinda S., wife of James S. Vandiver  for and during his natural life and at her death to be divided equally between all her children discharged of all trust, the issue of and deceased child to represent the parent.
  3. I give devise and bequeath unto my grand children, the children of Nicholas M. Ware deceased, to wit William J. Ware, Elizabeth S. Ware, Mary O. Ware, Colester Ware, Cornelia Ware &Catherine Ware the tract of land whereupon they now reside containing about two hundred and ten acres more of less situate on the East side of the Cambridge road, the road to be the line between their tract and the tract of land upon which James Killingsworth now lives in equal shares to them their heirs and assigns forever, which land I value at four hundred dollars, to be taken by them at the said price as part of their share.
  4. I will and direct that that all the rest and residue of my estate both real and personal, except my negroes, be sold by my executors upon a credit of twelve months.
  5. I give and bequeath to the children of my daughter Patsey now deceased, who was the wife of Charles B. Foshee, to wit Mary now the wife of Joel Foshee, James Foshee, Washington & Castledana, now the wife of John Sadler each five hundred dollars, to be in full of their shares of my estate, and to my great grandchild, the child of Martha Foshee deceased five hundred dollars, payment to be made one year after my death.
  6. The balance of my estate, including the negroes.  Proceeds of sale as aforesaid, notes & accounts due me, in which shall be reckoned the debts due me from my sons in law & my sons & the money that I may have paid out for them, I direct to be divided by five disinterested freeholders, and one fifth part thereof I give to my son Nathaniel W. Ware forever and one fifth part thereof I give to the children of Nicholas M. Ware aforesaid in equal shares.  And one fifth thereof I give to James A. Ware, Abner Magee & Capt Saml Agnew and the survivors of them & his Executors, in trust nevertheless to and for the sole and separate use and behalf of my daughter Malinda S. Ware of James M. Vandiver not subject to the contracts debts engagements or liabilities of her present or any future husband, for and during her natural life and at his death to be divided amongst all her children share and share alike.  And the other fifth part thereff I give to my Executors James A. Ware, Abner Magee & Capt Samuel Agnew and the survivor of them & his Executors in trust to and for the sole and separate use and behalf of my daughter Eliza wife of James Killingsworth not subject to the contracts debts engagements or liabilities of her present or any future husband for and during her natural life and at her death to be divided amongst her children share and share alike.  The issue of any deceased child of both Malinda and Eliza to represent the parent & to take the share the parent would have taken if living.  In making up he shares intended for my sons & Grand children and daughters respectively.
  7. I hereby nominate & appoint my son James A. Ware & my friends Abner Magee & Capt Samuel Agnew Executors of this my last will & testament.

                     In witness whereof I have hereunto set my hand and seal this twenty fourth February AD (1852) one thousand eight hundred and fifty two.

                                                  Wm Ware            Seal

          Signed sealed and acknowledged & published in our presents who have signed our names to the presents of the testator as witness to the due execution there of

                Thos. C. Perrin

                S. McGowan

                Jas M. Perrin

The State of South Carolina

       Abbeville District

  Having executed my last will and testament on the twenty fourth day of February in the year of our Lord one thousand Eight hundred and fifty two, and by the 7th clause of the said Will having appointed my son James A Ware one of my Executors – I do by this codicil revoke so much of the said 7th clause of my said Will as appoints my son James A. Ware Executor thereof, and hereby appoint my Friend G. M. Mattison Executor of my said will.  And I do hereby approve and confirm my said will in all its parts except wherein it is altered and amended by this codicil.

             In Testimony where of I have here unto set my hand and seal this 3 Oct 1855

Wm Ware         seal

Signed, sealed & delivered

as to the Codicil of the said

last will and in the presence

           S. McGowan

           Jas. M. McGowan

           C. N Carrington

State of South Carilona

       Abbeville District

Personally came James M. Perrin on of the subscribing Witnesses to the within paper, and being sworn on the Holy Evangelists of the Almighty God, makes oath that he was personally present , and did see Wm. Ware sign, seal publish, pronounce, and declare, the said paper to be his last Will and Testament – and that the Testator was of sound and disposing mind, memory, and understanding, to the best of his knowledge and belief – That Thos C. Perrin & Saml McGowan together with himself, and in the presence of the Testator, and in the presence of each other, did sign their names as Witnesses to the due execution thereof.  And also that he the (sic) J.M. Perrin, S. McGowan & C. V. Carrington in the presence of each other and in the presence of Wm. Ware, the testator, witnessed his Signature to the Codicil in connection with the said  …

Jas. S. Perrin

Sworn before me this

5th day of (sic) 1856

W. Hill (sic)

State of South Carolina

        Abbeville District

Having named Jas. M. Perrin on of the subscribing Witnesses to the within paper, being satisfied that is the true last will and Testament of Wm. Ware deceased.  Ordered that it be advanced to Probate in common form.

5 Oct 1856

W Hill (sic)

State of South Carolina

       Abbeville District

Personally came G. M. Mattison, one of the Exors named in the written Will and Testament sworn on the Holy Evangelists of the Almighty God, upon …  says that the written paper is the true Last Will of the said William Ware decd. – and that the will … execute the same, by paying first the Debts and then .. Legacies therein contained, so far as the goods and chattels will extend and the law charge herein that he make and return into the office of the Ordinary, of the said District, a true Inventory and appraisement of the Estate of the said deceased within the true presence … by law.

G. M. Mattison

Sworn to before me

8 Oct 1856

Wm. Hill (sic)

Note:  The last page of the will was cut off when copied and some words have been omitted; some are unreadable.

Copy of the Will provided by William Ware Jr. relationship to be determined.

Transcribed by Vicki Ware Cheesman


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