Notes for Robert Ware

Notes for Robert Ware

!The Montgomery Republican; Obituary - May 18, 1827: Died, on the 9th instant, at his residence near this place, Mr. Robert Ware, aged 67 years.

!Montgomery Co., Alabama - Will Book 2, page 50; Will of Robert Ware, Sr.:
State of Alabama, Montgomery County
In the name of God, Amen.
I, Robert Ware, being sound of mind and memory and calling into recollection and knowing that it is appointed that all meant to die, do make and ordain this my last will and testament in the manner and form following, viz.
1st I give unto my wife Judeth Ware all the property I rec'd. by her at our intermarriage excepting two tracts of land one laying lying in the County of Wilks in the State of Georgia Adjoining Thomas Roberts and others.
2nd I likewise leave to my wife the following property: my four wheel carriage, a doz. Silver teaspoons, one doz. Silver Table Spoons, Two Silver Salt Spoons, one silver Ladle and one Silver Sugar Tongs, also one half of the tract of land on which I now live including Section three, North West quarter of Section 2, North West Quarter, Section eleven and North East quarter of Section 10 if it can be bought at a fair price. Also, one half of the crop made on said plantation and on half of the plantation tools.
3rd: I give unto my son, Robert J. Ware a part of Fractional Section 25 and 36 West of the Tallapoosa River in Township 17, Range 19 containing 328 acres more or less, likewise South East quarter of Section 24 Township 17 and Range 19 containing 164 acres.
4th It is my will that land be sold by my Executors at their discretion and the proceeds applied to the payment of the debts of my son Young S. Ware, dec'd.
5th I give and bequeath unto the widow of my son, Young S. Ware, dec'd, the following negroes to be Equally divided among them, viz. Old Jack, Lucy, Cook, Mary, Peter, Polly, John, Nancy, Tomy, Little John, Harriett, Ginerall, Jim, Scilla, Comfort, Emily, Ann, Ester, and her youngest child (not named), Willis, Nicy, Pinky, Abe I, Gefry, Elmony, Rachael together with their future increase as their full share of my estate.
6th I give unto my daughter Eliza Jane Robinson, land.
7th I give unto my daughter, Elizabeth C. Cole (Cowles), land.
8th I give unto my son, James A. Ware, land and also all the land I loaned him.
9th I have given each of my children one Negro apiece by deed of Gift and in the Event of the death of either Negro by accident or otherwise before the division of my property, it is my desire that the loosa [sic] shall have one other Negro of Equal Value from my Estate.
10th It is my further will that all my Negroes in the possession of my children or myself shall be brought forward and put in one general lot and one fifth part of them I leave to my wife Judeth Ware, including the negroes I Rec'd by here at our intermarriage which are Jacob, Charles, Jude, Yellow and Nan and at her death are to revert to my wife's five children (not named) and the others to be divided equally between my son Robert J. Ware, Eliza Jane Robinson, Elizabeth C. Cole (Cowles) and James A. Ware.
11th It is my further will that the balance of my Negroes be equally divided among my children Robert J. Ware, Eliza Jane Robinson, Elizabeth C. Cole (Cowles) and James A. Ware.
12th It is my wish that the Negroes be divided by families as much as possible.
13th In case my son, James A. Ware, should died without a child, I wish my son, Robert J. Ware, to take the land, also my wife's portion at her death and divide it equally between him and my daughters.
14th It is my will that my debts be punctually paid and that my son James A. Ware be well Educated.
15th I give unto my daughter, Elizabeth C. Cole (Cowles), as much furniture as my other children have and the balance of my household and kitchen furniture I give to my wife and James A. Ware.
16th The land I own in Georgia, I wish to be sold and proceeds divided between my wife, Robert J. Ware, Eliza Jane Robinson, Elizabeth C. Cole, and James A. Ware.
17th I give unto my daughter, Elizabeth C. Cole (Cowles), fifteen head of sheep and the balance I wish divided between my wife and son James A. Ware.
18th I give unto my daughter, Elizabeth C. Cole (Cowles),seven cows and calves, five sows and pigs and four horses or mules and the balance equally divided between my wife and son James A. Ware.
19th It is understood that all property my wife receives from my estate shall be a loan for her natural life in lieu of her dower and at her death to go to my son, James A. Ware, Negroes excepted.
20th It is also my will that no property I have loaned my wife shall be sold for debt or otherwise and no property may be moved from the County without consent of my Executors.
21st My will and desire is that my Executors have sole control and management of my son, James a. Ware's estate until he becomes of age or marries and that no judge has the power of appointing a Guardian for my son during the life of either of my Executors.
Executors: Robert J. Ware, Clement Billingsley, Thomas M. Cole (Cowles), William Robinson
Witnesses: John P. DeJarnette, Thornton Talliaferro, John Harper, Benajah S. Bibb.