Jefferson County AlArchives Court.....Vs. Mary Ware Et Al, John E. Ware 1891 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/al/alfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: L. Hanke lhbham@yahoo.com March 13, 2006, 5:58 pm Source: Loose Records - City Court Of Birmingham Al Written: 1891 Information gleaned from a lawsuit brought against Mary Ware by son John E. Ware, as administrator of the estate of his father, Horace Ware. (John petitioned to have Mary’s dower rights allotted to her, but reduced by the amount of the value of the statutory separate estate which she owned at the time of the death of her husband, Horace Ware.) Horace Ware and Mary were married in September of 1863. HORACE WARE died July 2nd, 1890, intestate. Widow was MARY WARE, children were JOHN E. WARE, CLARA M. WARE, ETTIE W. DENSON wife of WILEY C. DENSON, FANNIE W. SMITH wife of WALTER A. SMITH, JOSIE W. MOSELEY wife of ROBERT A. MOSELEY, JR. Josie Moseley had died without having children, so her husband and siblings were her heirs. Robert Mosely lived in Montgomery AL, Ettie and Wiley Denson were in Austin, Texas, all the others were in Jefferson County AL. Property owned by Horace Ware at the time of his death: SE ¼ of the NW ¼ of the SE ¼ of the NE ¼ of S 26 T 17S R 3W NE ¼ of the SW ¼ of the SE ¼ of the NE ¼ of “ “ “ , (5 acres more or less) -located near city of Birmingham in what was commonly known as “North Highlands” and upon which was located the residence of the said Horace Ware at the time of his death. John claimed the value of this land was $25,000. Lots 6 & 7 Block 202, fronting 50 feet on Second Avenue between 26th and 27th streets, extending back 140 feet – ‘lots are unimproved.’ Lots 12 and 13 Block 103, NE corner of First Avenue North and 23rd Street, fronting 100 feet on First Avenue, extending back on 23rd Street 100 feet. This was mortgaged for $25,000 by Horace and Mary Ware to Alabama National Bank. It was still unpaid. Parcel of land at SW intersection of 18th Street and Second Avenue North, fronting 75 feet on 18th Street, extending back and thereby fronting also 100 feet on Second Avenue, forming parts of Lots 2 and 3 Block 97. Horace and Mary mortgaged this to W. C. Denson for $11,000. Debt was still unpaid. The debt was assigned to Robert Patterson. Land in City of Talladega, County of Talladega, the north part of Lot 114, fronting 87 feet on Court Street. A building was on the lot. Land in City of Talladega, Lot 206, about 2.67 acres, with four tenement houses in the Lawson survey. Shelby County land in Township 21 Range 2 West: Section 20: That portion of the E ½ of the SW ¼ lying east or south-east of the Louisville and Nashville railroad Section 28: The W ½ of the NE ¼ The N ½ of the NW ¼ Section 29: The NE ¼ of the NE ¼ The NW ¼ of the SW ¼ And the S ½ of the SW ¼ of the NW ¼ Section 30: The SW ¼ of the NW ¼ The E ½ of the NW ¼ The NE ¼ The NW ¼ of the SE ¼ The NE ¼ of the SW ¼ The W ½ of the SW ¼ And the N ½ of the SE ¼ of the SW ¼ Shelby County land in Township 21 Range 3 West: Section 25: The NE ¼ of the NE ¼ Also an undivided one-half interest in the following Shelby county lands: (Mary, his wife, owned the other undivided one-half interest ‘as part of her statutory separate estate under the laws of the State of Alabama.’) Shelby County, Township 20, Range 1 West: Section 14 The S ½ of the SW ¼ The S ½ of the SE ¼ Section 23 The NW ¼ The S ½ of the NE ¼ The N ½ of the SE ¼ The SW ¼ Section 22 The E ½ of the SE ¼ Section 24 The SW ¼ of the SW ¼ Section 13 The SE ¼ of the SW ¼ The SW ¼ of the NE ¼ The NW ¼ SE ¼ Land in Sheffield, Colbert County AL, unimproved except as noted: Lot 23, Block 79 Lots 9 and 10, Block 80 – have threon a three-story brick store Lots 14, 15, and 16, Block 71 Lot 6, Block 72 Lots 4, 5, and 6, Block 54 Lots 4 and 6, Block 44 Lot 10, Block 43 Lots 17, and 18, Block 42 Lots 4 and 5, Block 5 Lots 9 and 10, Block 2 – have a two-story dwelling Lots 1 and 2, Block 6 Lots 11 and 12, Block 4 Additional Comments: Mary Ware, widow, was in possession of and living in the house in North Highlands at this time. She claimed the right to continue in possession of the house until her dower was assigned. John said that he ‘in conjunction with the heirs at law of the said Horace Ware, [had] repeatedly attempted to agree with the said Mary Ware touching the allotment of her dower in said real estate, but that they [had] failed to agree.’ Mary claimed the house and lot were not worth $25,000, and that the real and personal property in her name was not of such value as to warrant her dower being reduced. File at: http://files.usgwarchives.net/al/jefferson/court/vsmarywa135gwl.txt This file has been created by a form at http://www.genrecords.org/alfiles/ File size: 5.2 Kb