APPENDIX " C "
WILL OF LIEUT. EDWARD WARE
MADISON COUNTY, GEORGIA.
Appendix C - Will of Lieut. Edward Ware
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 somewhat infirm, yet perfect in mind and memory, blessed be God, and knowing that it
is appointed for all men once to die do 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 the general resurrection I shall receive the same,
to be buried in a decent Christian like manner at the discretion of my executors.
And as touching such worldly estate as it hath pleased Almighty God to endow me with I
dispose of it in the following manner----
Item,
My eldest son Bennet Ware, having 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 other 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 hereinafter expressed.
2nd.
My daughter Lettice Ware has received a negro boy named Joe, a boy mare and saddle and
other property towards housekeeping. My will is that she receive nothing more out of my
estate except as hereinafter expressed.
3rd.
Judith Higginbotham my daughter in her life time received a negro boy named Charles, a
black mare and saddle, etc. My will is that she nor her children receive nothing more out
of my estate.
4th.
My son Philip Ware has received a tract of land containing one hundred and thirty-three
acres of land out of the tract I now live on, he has also reeived a negro boy called
Abraham, a gray mare and saddle, etc. 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 forth-three acres of land to
which I made him title, a negro boy called Cato, a gray mare and saddle, etc. My will is
that his heirs receive nothing more out of my estate except the proportionate part of the
surplus as aforesaid.
6th.
My daughter Elizabeth Long has received a negro girl named Dice 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 property heretofore given the rest of my children, it is my will that
she receive nothing more except as hereinafter expressed.
7th.
My daughter Mary Hobson has received a negro girl called Easter, a gray mare and saddle,
etc. My will is that she receive nothing more except as hereinafter expressed.
8th.
My daughter Sarah Borum has received a brown mare, saddle, etc. I now give to her during
her natural lifetime a negro girl Silvey and her children and her future increase, and at
her death to descend to and belong to all the children of my said daughter Sarah Borum,
including the two children she has by her first husband Britton Sanders, and 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 hereinafter expressed.
9th.
My daughter Ann Higginbotham in her life time received a negro girl called Peggy, a horse,
a saddle, ect. My will is that she nor her estate receive nothing more of my estate.
10th.
I give to my son Elisha Ware, all the land I now own in Madison County, it being land
where I now live and where my son Elisha now lives, with this condition, that he pay to my
daughters Lettice Ware, Elizabeth Long, Mary Hobson, Sarah Borum, and Ginny Strickland
fifty dollars ($50.00) each. I also give him a negro boy called Simon, which he has in his
possession, it is also my will that he receive a horse 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, saddle
etc. But she receives nothing more except hereinafter expressed.
12th.
I also gave 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 my estate of whatsoever kind not herein disposed of shall
constitute a general surplus and shall be equally divided between my son Bennett Ware, my
daughter Lettice Ware, Philip Ware, Henry Ware, Legal representatives, Elizabeth Long,
Mary Hobson, Sarah Borum, Elisha Ware and Ginny 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, hereby revoking all former wills by me at any time
made.
In
testimony whereof I have hereunto set my hand and sealed this eight day of December in the
year of our Lord eighteen hundred and thirty seven.
Edward Ware (sealed)
Signed by the testator before us and attested
by us in his presence and dated as mentioned
above.
Matthew S. Freeman.
Richardson Hancock.
William Meroney.
