Jefferson County AlArchives Wills.....Ware, John March 12, 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 19, 2005, 7:08 pm Source: Probate Court Records Jefferson Co/birmingham Al Written: March 12, 1859 Recorded: July 30, 1859 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 -------------- 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 ) --------- 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 File at: http://files.usgwarchives.net/al/jefferson/wills/ware114gwl.txt This file has been created by a form at http://www.genrecords.org/alfiles/ File size: 5.0 Kb