Jefferson County AlArchives Court.....Ware, John July 4, 1859 ************************************************ 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: Lanelle Hanke lhbham@yahoo.com September 21, 2005, 10:45 am Source: Probate Records-microfilmed Originals-linn/henly Research Library-jefferson Co/birmingham Al Written: July 4, 1859 Recorded: July 30, 1859 JOHN WARE DECEASED AS TO PROBATE OF WILL John Ware deceased In the matter) July 4th 1859 of the Probate of his Will ) This day came JESSE FAIN and filed his petition in writing and under oath therewith producing and filing in this Court an instrument of writing purporting to be the last Will and Testament of said JOHN WARE dec’d and praying for such orders decrees and proceedings as may be proper and requisite for the due Probate and Record of said Will in this Court. And said Testament appears to be attested by B. E. GRACE, JOHN SMITH & ROBERT OWEN of this County and who are alleged to have signed the same as subscribing witnesses thereunto, and it appearing to the Court from said petition that said petitioner is named by said Testator Executor of said Will, that Mrs. MARY E. WARE who resides in this County is the widow of said decedent; that said decedent left eight children him surviving (viz.) JESSE C. a minor about 16 years of age, GEORGE a minor about 15 years of age, ANN C. about 14 years of age, WILLIAM S., ZADOCK, MARTHA M., RUTH T. & JOHN C. WARE all minors under 14 years of age, and all of whom reside in this County with their mother the said MARY E. WARE. It is therefore ordered that the 30th day of July 1859 be set as a day for hearing testimony in proof of said Instrument as such Will; That said B. E. Grace, John Smith & Robert Owen be subpoenaed to be and appear on said 30th day of July 1859 in and before this Court to testify and give evidence of & concerning all and any facts touching the question of the validity of said Instrument as such Will. That the above named minor heirs under the age of 14 years be notified of this proceeding and of the day above set for hearing the matter by citation to be served upon their said mother for them, at least ten days before said day of hearing, and that the balance of said minors have the same kind of notice and by such personal service thereof for the same length of time before said day of hearing. That the appointment of a suitable person to act as Guardian Adlitem [sic] for said minors be postponed until said citations shall have been duly served on said minors agreeable to the foregoing terms of these present orders for such length of time as shall be deemed and adjudged by the Court to be reasonable & sufficient for such of said minors as are over the age of 14 years, and for the friends and custodians of others who are interested and should be represented by Guardian to come in and nominate to the Court a proper person to act as such Guardian. ---- attached was the above mentioned petition to set a date for hearing ------ To the Hon. Moses Kelly, Judge of the Court of Probate in and for the County of Jefferson, Alabama. The petition of Jessee[sic] Fain respectfully represents unto your honor that the late John Ware who was an inhabitant of this County at the time of his death departed this life on or about the 3rd day of June 1859 leaving a last will and testament duly signed and published by him and attested by B. E. GRACE, JOHN SMITH and ROBERT OWEN who reside in this County, in which your petitioner, as he verily believes, is named as executor, which said Will is herewith propounded to your Honor for probate and record in this Court. Your petitioner further states that the widow of said decedent is Mrs. Mary E. Ware and that the next of kin of said decedent are his children, Jesse C. a minor about 16 years of age, George a minor about 15 years of age, Ann C. about 14 years old; William S., Zadock, Martha M., Ruth T. & John C. all minors & under fourteen years of age, all of whom reside with their mother in this County. In consideration of all which your petitioner prays that a day may be set for the hearing of the matters of this petition; That subpoenas may be issued to bring in said subscribing witnesses to testify on such appointed day; that due notice of this application may be given to said widow and next of kin of said dec’d, and that such other proceedings orders and decrees may be had and made in the premises as may be requisite and proper to effect the due probate and record of said Will according to law.. And as in duty bound &c. ) Subscribed & Sworn to this 4th July 1859) Jesse Fain Moses Kelly Judge ) ---------------- (There followed three orders dated July 4, 1859, for Sheriff to summon B. E. Grace, John Smith, and Robert Owen to court July 30th a859 to give evidence regarding last will and testament of John Ware. All exe’d by Sheriff W. C. Eubank) ---------------- (Next came notices dated 4 July 1857 informing heirs of hearing on 30 July 1859, issued to: Ann C. Ware, a minor about 14 years old – Executed July 18th 1859 W. C. Eubank, Sh’ff by his Dept. D. J. Lacy, Jesse C. Ware, a minor over 14 years old – Exe’d 18 July 1859 by Dept. D. J. Lacy, Mrs. Mary E. Ware, the widow & mother of Wm. S, Zadock, Martha M., Ruth T., & John C. Ware, minors under the age of 14 – Exe’d July 18th by Dept. D. J. Lacy.) ----------------------- John Ware Dec’d In the Matter of ) July 30th 1859 the Probate of his last Will & Testament) This day having been regularly appointed for hearing the application of Jesse Fain, which was heretofore filed in this Court for the Probate of an Instrument of writing purporting to be the last Will and Testament of said dec’d. Now comes John C. Morrow, Esq., who was heretofore duly appointed by the order of this Court and who now consents to act as the Guardian Adlitem for the minor heirs of said dec’d and it appearing to the satisfaction of the Court, that the notice of the said application & of the time appointed for hearing the same has been given in pursuance of law & in strict accordance with the former order of this Court, made and entered in the premises on the 4 day of July 1859 by citations personally served as directed in said former order. Now therefore the Court proceeds to hear said application. And it appears to the satisfaction of the Court from the Testimony of John Smith & Robert Owen that they respectively signed the said Instrument of writing purporting to be the last Will and Testament of said decedent, and which writing is now shown to them on the day of the date thereof in the presence of said Testator & at his request as subscribing witnesses to the same, the said Testator then declaring that said Instrument constituted his last Will, and it being also shown by proof which is satisfactory to the Court that said Testator was of the full age of Twenty one years and upwards and [at?] the time of making said Will, & that he was of sound mind & fully capable of making his said Will, it seems to the Court that said application should be granted. It is therefore ordered adjudged & decreed by the Court that said Will of said John Ware dec’d be received and the same is hereby declared to be duly proven as the last Will & Testament of said decedent & as such admitted to Probate and ordered to be recorded, together with the proof thereof, and all other papers on file relating to this proceeding. It is further ordered that said applicant pay the costs of this proceeding. WILL & PROOF 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 n necessary shall be equally divided between our children now in existence, (vis, 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 -------------------- State of Alabama) Probate Court 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 them & 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 ) --------- 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 Additional Comments: John was the son of George and Ruth Ware File at: http://files.usgwarchives.net/al/jefferson/court/ware117gwl.txt This file has been created by a form at http://www.genrecords.org/alfiles/ File size: 12.4 Kb