Notes for Edward Ware

Notes for Edward Ware

!Will Book A, 1812-1841, Pages 95-97: Edward Ware's Last Will and Testament. Filed with the Probate Court, Madison County, Danielsville, GA
In the Name of God, Amen. I, Edward Ware, of the County of Madison and the State of Georgia, being far advanced in years, and some what infirm, Yet perfect in mind and memory, blessed by God, and knowing it is appointed for all men once to die do make make and ordain this to be my last will and testament. In the first place I recommend my soul to God, and my body to the earth that gave it, not doubting but at the day of General resurrection I shall receive the same, to be buried in a decent Christian like manner at the discretion of my Executor. And as touching such worldly estates as it has pleased Almighty God to endow me with, I dispose of in the following manner:
1st My oldest son Bennent Ware having been provided for by a tract of land which I gave him on Lamars Creek, a negro boy named Lewis, a gray mare and saddle and some property towards housekeeping. My will is that he receive nothing more from my estate except his part of the surplus that may be left after taking out all Legacies herein after expressed.
2nd My daughter Lettice has received a negro boy named Joe, a bay mare and saddle, and other property towards housekeeping. My will is that she receive nothing more out of my estate except as herein expressed.
3rd Judith Higgenbotham, my daughter, in her life time received a negro boy named Charles, a black mare and saddle, etc. My will is that she receive nothing more out of my estate.
4th My son, Philip Ware, has received a tract of land containing more than one hundred and thirty acres out of the tract of land I now live on, he has also received a negro boy called Abraham, a gray mare and saddle, my will is that he receive nothing more out of my estate except his part of the surplus as expressed in the first item.
5th My son, Henry Ware, in his life time received one hundred and forty-three acres of land to which I made him titles, a negro boy called Calleo, a gray horse and saddle, etc. My will is that his heirs receive nothing more out of my estate except their proportionable part of the surplus as aforesaid.
6th My daughter, Elizabeth Long, has received a negro girl named Deci and one hundred dollars in place of a horse and saddle, it is my will that she receive twenty dollars more out of my estate in place of other property here of once given the rest of my children it is my will that she receive nothing more except as herein after expressed.
7th My daughter, Mary Hobson, has received a negro girl called Esther, a gray mare and saddle, my will is that she receive nothing more except as herein after expressed.
8th My daughter, Sarah Borum, has received a brown mare and saddle, etc. I now give to her during her natural life a negro girl Silvey and her children, and her future increase, and at her death to descend to and belong to all children of my said daughter Sarah Borum, including the two children she had by her first husband, Britton Sanders. To prevent this gift from being defeated, I hereby make my executors trustees to hold the said negro girl, her children, and her future increase in trust to carry this gift into effect, my will is that she receive nothing more except as herein after expressed.
9th My daughter, Ann Higginbotham, in her lifetime received a negro girl called Peggi, a horse saddle, etc. My will is that she, nor her estate receive nothing more out of my estate.
10th I give to my son, Elisha Ware, all the land that I now own in Madison County, it being the lands whereon I now live and whereon myson Elisha now lives, with this condition that he pay my daughter Lettice Ware, Elizabeth Long, Mary Hobson, Sarah Borum, and Gincy Strickland fifty dollars each. I also give him a negro boy called Simon, which he now has in his possession, it is also my will that he receive a hose to the value of one hundred dollars, or one hundred dollars in cash, nothing further out of my estate except his part, as before expressed in the first item.
11th My daughter, Gincy Strickland, has received a negro girl called Rhoda, a bay horse and saddle, that the nothing more except as herein after expressed.
12th I also give my five daughters, to wit, Lettice Ware, Elizabeth Long, Mary Hobson, Sarah Borum, and Gincy Strickland, nine hundred and Eighty acres of land in Wayne County Granted to myself.
13th And lastly my will is that all of my estate whatsoever kind not herein disposed shall constitute a General surplus and shall be equally divided between my son Bennett Ware, my daughter Lettice Ware, Philip Ware, Elizabeth Long, Mary Hobson, Sarah Borum, Henry Ware's legal representatives, Elisha Ware, and Gincy Strickland, or their children in case either of the above named be dead. I hereby appoint James Long, Philip Ware, and Elisha Ware Executors of this my last will, here by revoking all former wills by me made at any time made.
In testimony whereof I have here unto set my hand and seal this Eighth day of December in the year of our Lord Eighteen hundred and thirty seven.
Signed by the testator before us [EDWARD WARE Seal] and attested by us in his presence and dated as mentioned above
Matthew S. Freeman
Richardson Hancock
William Mironey

!The Will was probated on 7 June 1838 by Elisha Ware and W.J. Bird in the Ordinary Court of Madison County, GA. See the Court action copied below. Georgia, Madison County:
Know all men by these presents that we, Elisha Ware and Wilson J. Bird are hereto and firmly bound unto the honorable, the Justices of the Inferior Court of said County, Sitting for Ordinary purposes, and their successors in office in the just and full sum of Two Thousand Dollars for the payment of which sum to said Justices as aforesaid and their successors, we bind ourselves, our heirs, executors and administrators, in the whole and for the whole sum jointly and severally and firmly by these presents sealed with our seals and dated this fifth day of June Eighteen Hundred and thirty eight.
The condition of the above obligation is such that if the above bound Elisha Ware, administrator of the Estate, real and personal of Edward Ware, Junior, late of this County deceased to make a true and proper inventory of all the estate, both real and personal of said (unreadable) which have or shall come to the hand and possession or knowledge of said Elisha Ware, or unto the hands or possession of any other person or persons for him, and the same to make, do exhibit unto the said Court of Ordinary when he shall be there unto required and such estates to well and truly administer according to law, and to make a just and true account of his actings and doings therein when he shall be there unto required by the Court of Ordinary for said County, and all the rest of the said estate, which shall be found remaining upon account of the said administration, the same being first allowed by the Court, shall deliver and pay to such person or persons, respectively as are entitled to the same by law. And if it shall here- after appear, that and last will and testament was made by the said deceased, and the same be proved before the Court, and the executor obtain a certificate of the probate thereof and the said Elisha Ware, do in such case if required, render and deliver up the said letter of administration, then this obligation to be void else to remain in full force.

ELISHA WARE {SEAL}
W.J. BIRD {SEAL}
ATTEST: WILLIAM SANDERS. C.C.O.
Recorded this the 7th June 1838.
WILLIAM SANDERS, C.C.O.