Submitted by: John H. Smallwood, Jr.
THE LAST WILL AND TESTAMENT OF MOLLY WARE, DECEASED
County) In the name of God Amen. I Molly Ware being now weak in body, but sound in mind, do make and constitute this my last will and testament.
Item 1st I do hereby will and desire that out of the property I possess if I owe anything that my just debts be paid, out of the same.
Item 2nd It is my will and desire further that two Negroes, to wit, a woman of the name of Judy aged between thirty and forty years old, and a Negro boy aged about sixteen years old by the name of Dick the son of the said woman Judy both of said Negroes I will the use and possession to Letty Ware for and during her lifetime, but at the death of my daughter-in-law Letty Ware then it is my will that the above named Negroes are to be the right and property of my grandson George M. T. Ware for his use and benefit.
Item 3rd It is also my further will and desire that the two lots of land which I drew in my own right and name one lot containing forty acres (number I do not recollect) but which the plat & grant will show. The other lot containing one hundred and sixty acres
( number I do not recollect), but which the plot and grant will show both of said lots of land lying in originally Cherokee County, but the former lot now in Paulding County, and the latter now in Cass County, both of said lots of land I do will and bequeath to my grandson George M. T. Ware for his exclusive use and benefit.
Item 4th It is my further will and desire and I do hereby constitute and appoint Joseph Ford of the state and county aforesaid my Executor to this my last will and testament, and it is my wish and desire that he sees that my will and intentions as here in expressed be fully and correctly executed. In testimony whereof I Molly Ware have hereunto subscribed my hand and affixed my seal this fourth day of March in the year of our Lord eighteen-hundred and forty-four.
Molly (X) Ware LS
Court of Ordinary, Floyd County
Georgia Floyd County
I do solemnly swear that this writing contains the true last will of the within named Molly Ware deceased so far as I know or believe, and that I will well and truly execute the same by paying first the debts and then the legacies contained in the said will, as far as her goods and chattels will thereunto extend and the law charges me, and that I will make a true and perfect inventory of as much goods and chattels. So help me God.
s/ Joseph Ford
Sworn in open court
January 13, 1845
Jesse Lamberth, C. C. O.
Georgia ) Court of Ordinary
Floyd County) January Term 1845
The within last will and testament of Molly Ware having been duly proven at this Regular Term in open court upon the oath of Edward Ware ordered that the same be admitted to record. And that the clerk of this court issue Letters of Administration to Joseph Ford the executor named in said will.
s/ Jesse Lamberth C. C. O.
State of Georgia Floyd County
I Joseph Ford do solemnly swear that this writing contains the true last will of the within named Molly Ware, so far as I know or believe and that I will well and truly execute the same by paying first the debts and then the Legacies contained in the said will as far as her goods and chattels will hereunto extend and the Law charges me. And that I will make a true and perfect inventory of all such goods and chattels So help me God.
Sworn to in open court 13th Janry 1845
Georgia Floyd County- Recorded in Ordinary Clerks office in book D, pages 153-4 the 16th day of January 1845 s/ Jesse Lamberth Clk
STATE OF GEORGIA, FLOYD COUNTY
Office of The Probate Judge
I Myra B. Hunt, Clerk of the Probate Court of said County, do hereby certify that I have compared the foregoing copy of THE LAST WILL AND TESTAMENT OF MOLLY WARE, DECEASED with the original record therefore, now remaining in this office, and the same is a correct transcript therefrom and of the whole of such original record.
In testimony whereof I have hereunto set my hand and affixed the seal of the Probate Court,
This the 16th day of March, 1994.
s/ Myra B. Hunt
Clerk of the Probate Court
Inventory of the Estate of Molly Ware, Deceased
Inventory of the Estate of Molly Ware deceased both real and personal which she possessed at the time of her death.
" " " One Negro woman named Judy valued at $400.00
" " " " " boy Dick " " " 400.00
" " " One Lot Land No. 271 6 dist 3 sec valued at 200.00
" " " " " " " 196 1st dist 4 sec " " 40.00
We do certify on oath that as far as was produced by the Executor the above and forgoing contains a true appraisement of the Estate of Molly Ware deceased to the best of our judgment and understanding this 12th day of April 1845
Larkin Barnett )
Edward Ware ) appraisers
Willis Bobb )
I do hereby certify that the above appraiser were sworn to perform their duty as appraisers according to law this 12th day of April 1845
Benjamin Bobo J. P.
Recorded this 5th day of May 1845
Jesse Lamberth C. C. O.