WILL OF JOHN WARE
In the name of God, Amen.
I, JOHN WARE of the County of Jefferson & State of Alabama,
being of sound and disposing mind to memory but being
well aware of the uncertainty of all human affairs and
desirous of disposing of my worldly affairs as seemeth
to me most just and proper. I do therefore make ordain
publish and declare the following as my last will and
Testament (viz: It is my will and desire that whatever
debts I may owe at the time of my death or that may be
necessarily incurred by my last sickness and funeral
be first paid. Secondly I give and bequeath to my beloved
WIFE MARY ELIZABETH WARE all the land which I possess
consisting of over Six hundred acres lately purchased by
me of the Adm’r of Alfred Dupuy and formerly known
as the Rockett place lying in To 18 & 19 Range 4 west. To
have and to hold forever in fee simple to dispose of as she
may think best, either to sell it & convey a perfect title
during her life if she thinks proper to do so, or to live
on it during her life if she chooses to do so. And if she
should still own it at the time of her death then it is my
desire that said land or the proceeds thereof if a sale
should be necessary shall be equally divided between our
children now in existence, (viz, JESSE C., GEORGE, ANN C.,
WILLIAM S., ZADOC, MELISSA, RUTH T. & JOHN C. WARE, and
those if any which may hereafter be born. Thirdly, I
give and bequeath all the balance of my property of a
personal nature and all money and debts and every thing
else not before mentioned to my beloved wife Mary Elizabeth
to use and dispose of as she pleases. and whatever may
remain at her death to be equally divided between my above
named children & those (if any) which may hereafter be
born of my present wife from our present marriage. This
bequest of course is intended to include the NEGROES, VIZ.
LEWIS, MARY & HIS CHILDREN WILLIAM & WASH. Lastly I do hereby
appoint my FATHER-IN-LAW JESSE FAIN OF TALLADEGA COUNTY Executor
of this my last Will & Testament.
In Testimony whereof, I have hereunto set my hand & seal
in the presence of these attesting witnesses this Twelfth day
of March A.D. 1859.
John Weare [Clerk’s mistake] {Seal}
The foregoing Will was signed sealed published & declared as
the lst Will and Testament of said John Ware this 12 day of March
1859 in our presence.
B. E. Grace
John Smith
Robert Owen
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State of Alabama) Probate Cort of said County
Jefferson County) In the matter of the Probate of the last Will
& Testament of John Ware dec'd. Before me Moses Kelly Judge of
the said Court personally appeared in open Court John Smith &
Robert Owen who having been by me first respectively duly sworn
and examined, did and do depose and say on oath that they are
each subscribing witnesses to the instrument of writing now shown
to htem & which purports to be the last Will & Testament of John
Ware dec'd late an inhabitant of this County, that said Ware since
dec'd signed & executed said instrument on the day the same bears
date & declared the same to be his last Will & Testament & that
affiants set their signatures thereto on the day the same bears
date as subscribing witnesses to the same, in the presence of
said Testator, that said Testator was of sound mind & disposing
memory, & in the opinion of deponents fully capiable[sic] of
making his Will at the time the same was so made as aforesaid.
Affiants further state that said Testator was on the day of the
date of said Will of the full age of Twenty one years and upwards.
Subscribed & Sworn to &c ) John Smith
This 30th day of July 1859) Robert Owen
Moses Kelly, Judge )
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State of Alabama ) I Moses Kelly Judge of the Court
Jefferson County ) of Probate in & for said County & State
do hereby certify that the within Instrument of writing has
this day by said Court and before me as the Judge of said
thereof, been duly proven by the proper Testimony to be the
genuine last Will & Testament of John Ware dec'd and that
said Will together with said proof thereof have been recorded
in my office in Book of Wills No. 1 pages 89 & 90.
In witness of all which I have hereunto set my hand This
July 30 A.D. 1859,
Moses Kelly, Judge
Source: Source: Probate Court Records Jefferson Co/birmingham
Al Written: March 12, 1859 Recorded: July 30, 1859
USGenWeb Archives by:
Lanelle Hanke lhbham@yahoo.com September 19, 2005
