From Transcribe Wiki
Jump to navigation Jump to search

lawful age taken at the Tavern house of Wm McCane at Pedlar Mills on Friday the 28th day of October 1831 to be read as evidence the trial of an injunction depending in the circuit Superior Court of Law and chancery holden in the Town of Lynchburg wherein Ormond Ware is Plaintiff and Tinsley Rucker admr. of Nancy W Rucker dec'd. & others ar defendants This affiant after being sworn upon the Holy Evangelist of Almighty God affirmeth and saith. Question by the defendant Norvell. Are you well acquainted with John Ware senr. and have you always considered him a good manager on his Farm? Answer. I have been acquainted with Capt. John Ware for Thirty eight or forty years, and always considered him an industrious and good manager. Question. by the same. Did Capt. John Ware Senr have the management of his plantation last year, and the control and superintendance of his negroes? Answer. I believe he had I haver understood to the contrary; one of his grandsons, James Ware Jr who is under age and is the son of Anderson Ware lived with him a part of the year but I do not believe he had the control of Capt John Ware's business but merely acted as he was directed. Question by same. Where did John Ware jr, William Ware and Anderson Ware live last year, and did they or either of them have any interest or management in Capt Ware's estate? Answer John Ware jr moved from this county some few years past to Tennessee, William Ware lived last year at Colo. Ruckers old place, Anderson Ware lived where he now lives and has lived for several years on Pedlar river at least four miles above Capt Ware, but on his Fathers land known as Lucks place. And as to their management or control over their fathers affairs, I do not know that they had any, I never heard that or either of them had any. Quest. by same. From your knowledge of Capt John Ware Senr. do you not think him a better manager than all his sons put together and do you think he would give up the management of his Farm to either of them? Answer. I think him a better manager than either of his sons, and I do not believe he would give up the management of his Farm to any of them. Quest. by same. Has not Capt John Ware remained in possession of his property ever since he made his deeds of conveyance to his children? Answer. He has had property always in his possession except a short time when it was taken out by a writ of "ne exeat" for it has always been listed in his own name. Quest by same. Are not all the sons of Capt. John Ware considered insolvent (except Dabney Ware) who lives in the Southern Country, and would any prudent man trust either of them for anything? Answer Common rumour says they are insolvent and it is doubtful whether they would be trusted by any merchant knowing there situation, and I myself would credit either of them for any amount. Question by the same. Where has Dabney Ware lived for the last 4 or 5 years? Answer I think he removed from this County for the state of Alabama 4 or 5 years ago, where I understand he now lives. Quest. by same Has Capt John ware been in the habit of selling and carrying his crops of Tobacco to market for the last 4 or 5 years and do you consider the crops made by him on his Farm last year as his own and for his own benefit? Answer. For several years past previous to last year Capt Ware carried his crops to Richmond and there disposed of them last year he carried his crop to Lynchburg, he generally went in person with the Crop or afterwards to receive the proceeds as he told me, and from common and frequent conversations which I have had with Capt. John Ware I always understood the crops he made and sold were his own and disposed of for his own benefit. Quest. by the same