Caswell County NcArchives Court.....Ware, William January 1837
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File contributed for use in USGenWeb Archives by:
Barbara Ware http://www.genrecords.net/emailregistry/vols/00027.html#0006579 
June 1, 2009, 5:48 pm

Source: Manuscript Collection Of The North Carolina State Archives, Raleigh
Written: January 1837
Recorded: January 7, 1837

Estate Papers of William Ware, Caswell County, North Carolina

Frances Ware & others - Exparte

Petition for sale of slaves

Filed Jany 7, 1837

John Kerr Jr 

---------------------------------

State of North Carolina
Caswell County

Court of Common Pleas & Quarter Session 
January Term A.D 1837

   The Petition of Frances Ware Thomas Turner & his wife Celia, John 
Gunn & his wife Huldah Robert Ware, Wm Ware, Jesse Ware, and Martha 
Wilson ~ To the worshipful court aforesaid ~
   Your petitioners show unto your worships that William Ware Senr late 
of the county and state aforesaid departed this life in the month of 
February 1836 intestate leaving your petitioners Frances his widow, & 
your petitioners Celia intermarried with Thos Turner, Huldah 
intermarried with John Gunn, Robt Ware William Ware Jesse Ware, & 
Martha Wilson his children and distributees him surviving ~ At the time 
of his death intestate amongst other property real & personal was 
possessed the following negro slaves to wit ~ Lucky Fanny Huit Henry 
Cresy Martha China and Julia ~ these slaves of right belong to your 
petitioners as the distributees of said intestate, in common, and an 
equal division of amongst your petitioners cannot be made without a 
sale. Your petitioners further show that about thirty years since your 
petitioner Martha Wilson intermarried with one Giles Wilson, who lived 
with her as her husband some eight or ten years, during which time they 
had four children. About twenty years since the said Giles Wilson, 
separated himself from his wife entirely and has long since left this 
country and has not been heard of by your petitioner Martha or any 
other person in this part of the country or elsewhere as your 
petitioners are aware of ~ for more than twelve years ~ your 
petitioners therefore have concluded that the said Giles Wilson is 
dead, and they are informed that in contemplation of law, likewise he 
is dead.
    They therefore pray your worships to order & decree a a (sic) sale 
of the negro slaves specified in the petition and a division of the 
proceeds of the said sale amongst your petitioners according to their 
respective rights. & as in duty bound they will ever pray
                            John Kerr Jr
                            Atto for Petitioners

This case coming on to be heard at this term upon the petition, the 
suggestions of counsel, & the evidence offered and it appearing to the 
satisfaction of the court thus Giles Wilson mentioned in the petition 
is dead it is ordered, adjudged & deemed by the court that Thomas 
Turner be appointed a commissioner to sell the slaves mentioned in the 
petition and that the said Turner do sell the same at public sale to 
the highest & best bidder after giving thirty 30 days notice at public 
advertisement in three or more publick places of the time and place of 
sale and thus the said sale be made upon a audit of Twelve months with 
bond & good security for the purchase monye (sic) and that the said 
commissioner make return under his hand & seal to the next term of this 
court of what he may do & perform in the premises.


Additional Comments:

William Ware married Frances Perkins. Since William died intestate, 
these documents, located in the manuscript collection of the North 
Carolina State Archives at Raleigh, are a source of the names of the 
couples' children and their sons-in-law. William's death date is given 
in his wife's Revolutionary War widow's pension application as 15 Feb 
1836.


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