New Information Added

Note:  John Ware was my fourth great-grandfather.  I have spent some time researching his life, trying to reconstruct it from various bits and pieces, with the assistance of Marti Martin, Woodford Co. KY, Historical Society,  Judy C. Ware, James Hutchison, my distant cousin, Betty Fitzgerald, another cousin, Ginny Olsen, Goochland Co., VA, Historical Society, Tom Daniels, Goochland Co., Historical Society, James Richmond, Goochland Co., VA, Circuit Court Clerk, Phyllis Bryant, Research and Genealogy Department of  Chatham Public Library, Chatham, Pittsylvania Co., VA, and Dolores Dodge, a Harrison cousin, who because of her inquiry as to proof of John’s parentage, prompted me to investigate and re-write this biography.

I really knew little of this man and his relationship to me seemed of no more importance than writing biographical information based of whatever facts and sources which could be found.  Generally this kind of information gives you limited insight into the character of the individual.  In other words, sometimes our biographies are 2-D.   However, John’s was different.  I have some of the most important data; Marriage Bond, Tax Records, Military service and Will.  I thought I could write his story in a few new paragraphs.  But, one very important document, his Will, was written like a message he was sending to the future.  Reading this document has given me new vision into his life and character.

John Ware was a husband, father and grandfather.  He was a patriot during the Revolutionary War.  He had large land holdings and many slaves.  And above all, he was a compassionate, caring individual, with his eye on the future prosperity of his family.

When his father and three brothers chose to move to Kentucky, he stayed behind.  (James Ware, James Jr., William and Edmund moved to central Kentucky, possibly because they became Baptist and were no longer welcome in Virginia, where the state religion was Episcopalian; the British Anglican Church.)

Excerpt from ” The Search for the True Church,” by Dr. Stan Wardlaw

“In the beginning of the colonial period, and early part of the 17th century the 1st settlements were established in Virginia, a little later in the New England states, Puritans (Congregationalists), Presbyterians, established the colonies within their respective colonies.  They established by law their own religious views.  In other words, Congregationalists and Presbyterians made the legal religious views of their colonies.  All other religious views were absolutely excluded.  Virginia, South Carolina, and North Carolina were settled by mainly Church of England people.  Again, the particular religious views were made the established religion of these colonies.

So, in this new land of America, these Congregationalists, Presbyterians, and Episcopalians set up 3 established churches with no religious liberty for anyone except those who held the governmental authority.  The Baptists were there among them, but in small groups. …

For their awful crime of preaching freedom through the Gospel and refusing to have their children baptized” (christened), ”they were arrested, imprisoned, fined, beaten, banished and their property was confiscated. …”

(Note:  I have included this information, so the reader can get a better sense of the religious intolerance’s which faced our ancestors.)

John and his wife Ann were married in an Episcopal church and may have stayed members.  There was another church located closer to his plantation, Byrd Presbyterian.  The congregation met in members homes until 1811 and consequently no records were kept until an actual church was built in 1811.

(Note:  I have not been able to read the micro-filmed copy of the Vestry Book.  I was told there was only one copy and not available for inter-library loan.  I plan to have someone read this at a later date.)

John’s son William, my third great-grandfather, may have moved south to Pittsylvania Co. because of conversion to another religion.  If there were religious differences in this family, it did not break their unity.  When James died in Kentucky he left money to John.  When John died he left property to William.

There is nothing left of John’s legacy.  His house was torn down.  His land was sold in the years after his death, prompting children and grandchildren to spend years in court suing each other, like a pack of dogs fighting over scraps.  All that remains is a small graveyard on a hill in a cow pasture; the property belongs to another individual.  The iron fence has partially fallen; only one grave stone, that of his daughter, Mildred, still stands, while the other of his daughter, M. Mollie McLein, is broken and lying on the ground.  You can still read the inscriptions.  Both claim them as daughters of Capt. John Ware.

 

 

 

John and Ann may be buried there.  (We have no death information for Ann.)   Descendant records through the Daughters of the American Revolution for one branch of the family, and another branch through the Sons of the American Revolution, claim this as his place of burial, but no grave marker can be seen.  At some time in the future his descendants will investigate this site and search it.  Even if no marker is found, plans are being made for the placement of a new stone from the Veterans Administration with an attachment from the Sons of the American Revolution.  It will be up to this generation of his descendants to show him the respect he deserves.

(Note:  New information regarding John’s burial site.  A couple of months ago a descendant the the family from John’s oldest son James, verified the location of John’s grave.)

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BIOGRAPHY OF JOHN WARE

1736-1816

John Ware, was the first born son and oldest child of James and Agnes (Todd) Ware.  His parents resided in Gloucester Co., Virginia and he was born there, December 12, 1736, along with his brothers, Nicholas, James, Richard, William and Edmund.  And sister, Clara.

The family moved to King and Queen Co., Virginia, a portion of which later became Caroline, Co.  (Caroline county was formed from Essex, King and Queen and King William counties in 1728.  Additional parts of King and Queen were added in 1742 and 1762.)

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Nothing is known of John’s early life until his father, James, gave permission for John to marry Ann Harrison, born in 1740.  She was the daughter of Andrew Harrison and his second wife Jane Dillard, sister of Andrew’s first wife Mary Dillard.  The Harrisons lived on Byrd Creek in north-western Goochland, Co., north of the James River.  Ann was known as “Ann on the Byrd.”

 

“In 1728 ( the Act passed in 1772), when Henrico County was divided and Goochland County was formed, St James’ Parish fell in Goochland and then became St;. James’ Parish in Goochland County.  Goochland County and St. James’ Parish extended indefinitely westward. …”

(Source:  Parish Lines Diocese of Southern Virginia – Library of Virginia, Richmond, Virginia)

 

(Copies of actual documents provided by James Richmond, Clerk, Goochand Co., VA, Circuit Court.)

”WARE, John, in Caroline, & Ann Harrison on the Byrd in the County 1756, May 27 p. 2” (The Douglas Register)

”PARISH REGISTER OF GOOCHLAND  begun  ANNO 1756 by WILLIAM DOUGLAS, MINISTER–

I came to Goochland Decr. 12 1750, & preached for the first time in Dover Church, dec: 16th Sunday following: & have officiate as Minister since that time.  But there being no Register in the Parish Since I came till now, in the cause why it has not been kept till this time.”

(The Douglas Register, by Rev. William Douglas, Being a detailed record of Births, Marriages and Deaths together with interesting notes…from 1750 to 1797, Genealogical Publishing Co., Inc., Baltimore, 1985)

It is important to write that John Ware’s (1736 – 1816) genealogy is often confused with another John Ware (1735 – 1801) who lived in Fluvanna County and who married Mary Watson.  Both were married by Rev. Douglas at St. James Northam, however the union between John Ware and Mary Watson was in 1762.  Part of the confusion also rests with the fact that John Ware, son of James and Agnes Ware, also owned property in Fluvanna Co.

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The following is a condensed biography.

  ”John Ware (ca.1735-1801)

John Ware was one  of the first permanent inhabitants of the Seven Islands.  After coming of age in the 1750’s, John moved to Seven Islands after being willed half of the land his father, Peter Ware III, (ca. 1703-1741) owned in the future Fluvanna County, which was located along the James Rivers roughly between the Hardware River and Bremo Creek. …Besides farming his vast lands, John Ware also built at least two grist mills in the area …   John Ware was also very involved with his community as were most wealthy citizens of the day.  Before Fluvanna was created in 1777, Mr. Ware was a judge in Albermarle County.  After the formation of Fluvanna County Mr. Ware became a member of the new county’s first court of justices.  …John Ware also had five children: Ulysses, Washington, John, Polly and Peter.”

(Source:  Excerpts taken from Seven Islands Fluvanna County, Virginia, on-line)

Records kept in the Vestry book for St. James Parish Northam list John Ware as a Vestry man in 1782 and he served for one year.  I have seen a copy of the book on micro-film and I do not know which John Ware.  The biography of John Ware of Fluvanna County, above, claims it was he.

Reverend Douglas kept meticulous records diligently written.  A descendant of his did not wish the volumes to be published and through carelessness, 30 pages have been lost.  The Register was eventually transcribed and published.   All of John and Ann’s known children’s births were listed except two, William and Mary (Mollie).  According to Judy C. Ware and information she possesses, there was another daughter born before Mollie.  That girl lived to adulthood and married, but may have died before her father, because she is not mentioned in his Will.

“John Ware & Ann Harrison a Son named James born dec: 27, 1756. Baptized 1757 Ap: 8. p. 50

…a Son named Andrew born May 24, 1758.  Baptized 1758 June 25.  p. 53”

(William Ware was born May 13, 1760 in Goochland Co.)

“…a Son named John born Jun 10, 1762.  Baptized 1762 Jul: 18.  p. 63

…a Daughter named Betty born May 27, 1764.  Baptized Jun: 24, 1764.  p. 68

…a Daughter named Milley born Sep. 27 1766.  Baptized Nov: 2, 1766.  p.75

…a Daughter named Jeanie born Dec: 14, 1768.  Baptized Jan: 29, 1769.  p. 83

…a Daughter named Anne born Jun: 30 1771.  Baptized Sep: 22, 1771.   p.90”

(Mollie was born in 1778 in Goochland Co.)

John and Ann made their home near Rock Castle.

“Rock Castle was probably named for a large outcropping on nearby James River that resembles a rock castle.  Important Indian settlements were located nearby, centuries before the colonies existed.  In 1732, William Byrd persuaded Tarleton Fleming, …to move from New Kent to the frontier at Rock Castle.  The property was passed down through the Flemings for several generations, then changed hands several times. …”

(Source:  Excerpt from a newsletter for the Goochland County Historical Society, dated May 7, 2006, found on-line.)

Ben Glade Farms is where the graves of Millie and Mollie are located; possibly John Ware’s grave also.

 

At this point it is important to mention some of the families who were related to or lived near John and Ann.  The vestry- men of St. James included such notable families as the Paynes, who would later be the in-laws of John and Ann’s son William, by his second marriage, to Susannah Payne.  (William Ware’s first wife was the daughter of Ann’s brother, William; Susannah Harrison.)  Susannah Harrison’s maternal great-grandparents were the Flemings. The Burtons were her maternal grandparents.  The Millers were the in-laws of  the Wares first son James.  The Bollings and the Randolphs were related to Thomas Jefferson.  The Woodsons, related to the Flemings and Coles, were the ancestors of Jesse James.

“Goochland County, Virginia Deed and Will Book 9, 1765-1769, pages 103-104: – A deed made 17 November 1767 between Jonas Lawson Jr. of the County of Goochland and John Ware of the same Countyfor the sum of one hundred pounds, deeded two hundred acres of land in Goochland County to Ware.  Bounded by George Payne, Col. John Payne, William Harrison and Capt. James Cole, deceased and Benjamin Johnson on the branches of the Little Bird Creek, being the two hundred acres received by Jonas Lawson Jr. from John Bostick and where Jonas Lawson Jr. lately lived.  Signed by Jonas Lawson Jr.  Recorded 17 November 1767.”

 

Jonas Jr.

17 Nov 1767

Courtesy of Judy C. Ware

Confusing, but like most families of the time, the bonds of marriages tied the groups together for mutual support.  When families relocated elsewhere it was often with other family members or neighbors.  Sometimes this makes it easy to find our ancestors, but untangling the lines in rather like trying to sort out strings of Christmas tree lights after you have taken them off the tree.

From “The Bulletin of the Fluvanna County Historical Society, Issues 2-3, published by the Society, Jan. 1, 1966 page 14.”

“John Ware from the eastern part of the county, was the son of an early Goochland patentee. Thomas Napier from the central part of the county was also of  “Goochland stock”, and brother of Patrick Napier of the Minutemen0. …”

I am skeptical of this, because it states “John Ware …was the son of and early Goochland patentee.”   We know that John Ware Jr. was born in 1762, was a sea Captain and presumably died at sea.  He would have been too young to have served in the Revolution.  John #1″s father was presumed  to have lived in Caroline County and did not hold title to property in Goochland County, at least no records or deeds have been found to prove he did.  Sometimes the father-in-law of a man would declare his son-in-law or daughter-in-law HIS son or daughter.  John #1 married Ann Harrison, daughter of Andrew Harrison, who we know was already established in Goochland County on Byrd Creek.  Perhaps this statement is referring to him.

 

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Virginia Gazette, December 5, 1771.

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Information regarding the actual location of the property of John Ware in the Virginia Gazette, April 15, 1773, page 3

Courtesy of Judy C. Ware

 Click on to enlarge and read.

Virginia Gazette, April 29, 1773

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The patriarch of the Harrison family, Andrew, Ann’s father, moved to southern “Virginia in 1761, and bought land in Pittsylvania and Halifax counties” and Orange Co., North Carolina, which later became Caswell Co.  ”He had a mill on Moore’s Creek.  ‘My dwelling house sits on land that was a drill ground for Major Thomas Harrison’s battalion in the Revolution.  He camped for one winter on his own land. ‘ ”

Andrew died in 1774 and among the bequests to his children was the following to Ann Harrison Ware: “Item, I give and bequeath unto by my daughter Ann Ware and her heirs forever one Negro girl named Isabella.”

‘”When Andrew died Jane occupied his plantation on the Dan River near Providence, NC.  Jane Dillard Harrison died in Caswell Co., NC in 1809.”

(Source:  Harrison Family Tree, by Mary Louise Heckenkemper LeBoeuf, 2008.  Posted on-line September 12, 2010.)

John was appointed one of the executor’s of Andrew Harrison estate.  The slave girl Isabella stayed in the possession of Jane Harrison until her death.  John may have traveled to North Carolina to bring Isabella to his wife, Ann.  “Old Is’bel”   was later bequeathed by daughter Mildred Ware in her Will.   A family story says John inherited Reuben from Jane Dillard Harrison.

More conflicting and corroborating  information.

Will Book F, page 121

“Div of 11 negroes estate of Jane Harrison to John Ware, William Harrison, heirs of Thomas Harrison, heirs of Mildred Moore, heirs of Elizabeth Kennon, Joseph Dameron, Andrew Harrison Sen.”  (You will note Andrew Harrison Sen, this must be an error as Andrew Senior died in 1774 according the Harrison genealogy. )

Source:  Caswell County, North Carolina Will Books 1777-1814, by Katherine Kerr Kendall, Published, North Carolina, 1979,

William Harrison, Ann’s brother, married Ann Payne in Goochland Co., December 4, 1763.  They may have moved to southern Virginia at the same time as Andrew Harrison.  William became an important citizen of  Pittsylvania County.  (More information about him can be found in the biography of William Ware.)

Prior to William Harrison’s relocation to Pittsylvania, an incident occurred involving a slave named Dick owned by William, a slave girl named Peg, owned by John Ware, and John’s brother, Richard.  Richard is said to have died at the hands of these two slaves.   (More information can be found in Judy C. Ware’s book, “New Nation – New Land.”)

John was building a plantation, but just how he acquired his first land is a mystery.  Ann may have had some property and relinquished her dower rights, but there is no record of property or transfer of title to her husband.   Possibly Andrew, gave land to his new son-in-law.  (John’s Will bequeaths land to four of his grandsons on the Big Byrd and Little Byrd Creeks.)

You will notice from the portion of the Goochland Co. map above, that John Ware lived very close to where the boundaries of Goochland, Fluvanna and Cumberland counties meet in the Rock Castle area.  His plantation was located in all three counties as described by inventories attached to his Will; the primary part being in Goochland Co.

“Pleasants Family Cumberland County Records Samuel Pleasants, an infant, son and heir to John Pleasants, late of Cumberland Co., deceased. Deed from John Ware, 275 acres in Cumberland Co., on Jones’ Creek, which the sd. John Ware holds by deed from Thomas Jefferson, of Albemarle Co., and adj. Thomas Turpin, June 20, 1767.”

(Source:  Valentine Papers, Vols. 1-4, 1864-1908, Ibid. p. 344)

“A deed made 17 November 1767 between Jonas Lawson Jr. of the County of Goochland and John Ware of the same County for the sum of one hundred pounds, deeded two hundred acres of land in Goochland County to Ware.  Bounded by George Payne, Col. John Payne, William Harrison and Capt. James Cole, deceased and Benjamin Johnson on the branches of Little Byrd Creek, being two hundred acres received by Jonas Lawson Jr. from John Bostick and where Jonas Lawson Jr. lately lived.  Signed by Jonas Lawson Jr.  Recorded 17 November 1767.”

(Source:  Goochland County, Virginia Deed and Will Book 9, 1756-1769, pages 103-4)

“At a Court held for Goochland County on Beaverdam the third Tuesday in November being the 17th day of the month, 1767, Jonas Lawson Jr., acknowledges a deed with Livery of Seizin and receipt endorsed to John Ware to be his Acts and Deeds, which are ordered to be recorded.  Then Mary, his wife (she being first privately examined) relinquishes her right of Dower in the land by the said Deed conveyed, which is also admitted to record.

(Source:  Goochland County, Virginia Order Book 11, Page 129, 17 November 1767 Court)

 

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“The area which is now Fluvanna County was once part of Henrico County, one of the original shires of the Virginia Colony.  Henrico was divided in 1727 and the Fluvanna County area became a part of Goochland County.  In 1744 Goochland was divided and the area presently known as Fluvanna became a part of Albemarle County.  Finally, in 1777, Albermarle County was divided and Fluvanna County established.”

(Source: Wikipedia)

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Found in the Will of Alexander Moss.

“Copy of a note Alex. Moss and John Moss Jr., of Fluvanna Co. Va. to John Ware of Goochland Co. Va., 1565 pounds of tobacco for a loan of L31., June 24, 1784.”

(Source:  Early Records of Georgia, Wilkes Co., by Grace Gillam Davidson, 1991, page 263.)

According to John’s Will,  ”One other tract or parcel of land laying in the County of Fluvanna on the Rivanna River, my son James is to try to endeavor to get an Act of Assembly passed for building a Mill on the said tract of land by taking the water from the Rivanna River, and if he gets leave to build a Mill, he is to have it built out of my estate, and after the death of my son James, I give the aforesaid tract or parcel of land to the sons of William Ware and John Mosby, to them and their heirs forever, subject to a regulation hereafter to be made.”

John Mosby sold 2/5ths of the aforesaid property.  “Whereas John Ware formerly of Goochland Co., in his will bequeathed to his two grandsons John Ware Mosby and Alfred Daniel Mosby sons of John Mosby an interest in a tract of land lying in Fluvanna County on the Rivanna river; said John Ware by his said will as aforesaid did give sd. land to two afd. grand children together with three others to wit; John Ware, Robert Payne Ware, & Wm. Ware the children of Wm Ware of Pittsylvania Co. and the grandchildren of said John Ware decd, and aforesaid John Mosby considering that he will be promoting the interest of his sons John Ware Mosby and Alfred Daniel Mosby by selling their interest in aforeesaid Land, hereby conveys to said Petit (for sum of $1900, 2/5 of said tract of land devised as aforesaid, which is the portion his own two sons are entitled to under the aforesaid will of their Grandfather Ware.

Recorded May 25, 1819”

(Source:  The Edward Pleasants Valentine Papers; Abstracts of Records in the Local and General Archives of Virginia Relating to the Families of …Mosby, …edited by Clayton Torrence, Genealogical Publishing Co., Inc., Baltimore, 1979, page 884)

This information in Mildred Ware’s Will implies the sons of William Ware may never have received their shares of the property.

“Item.  I give to the children of my brother William Ware, five hundred dollars in bonds, as compensation for the loss they sustained in the sale of the land, left them by my father.”

(Source:  Excerpt from Will of Mildred Ware.)

John also held property in Pittsylvania County and bequeathed the land to his son William.

“I give unto my son William Ware my tract of land on Dan River, laying near the lands on which my said son lives, containing six hundred and thirteen acres, also the rents which he owes me for the rent of the said lands, to him and his heirs forever the aforesaid lands and rents, being his full proportion of all my estate, both real and personal.”

(Source:  Excerpt from Will of John Ware.)

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The British Mercantile system developed from  the Navigation Acts of nearly a century earlier were imposing financial hardships on the colonists.  “Many colonists realized that England looked on them purely for their economic role under mercantilism.”  This system, required the colonist  to ship their raw material goods they produced like lumber to England and the finished products would be shipped back to America.  However the the finished products were poorly made and inferior.  “George Washington experienced this…The cheap goods he received from England in return for his products were so poorly made he could not sell them in the Colonies.”

(Source:  http://answers.yahoo.com/question/index, Under the British mercantile system, colonies were expected to ? , br, 2009-01-22 and Why did colonial resent the British mercantile system? by raiden22, 2007-09-27.)

“John Ware. L135.2.8 3/4 by account, 3 March  1776; l1.7.01/4 by account, Sept.1776.  He says he paid the first debt in full and never dealt at the Goochland Store and does not owe the second.  He has always the command of money and is generally reputed very punctual.”

(Source: British Mercantile Claims , pages 33-34,  as transcribed and published on-line in “The Virginia Genealogist,” the American Ancestor Series, by New England Historic Genealogical Society, Vol. 7, Page 111.)

“William Ware. L7.18.8 3/4. 1776, Goochland.  He lives in Pittsylvania and is solvent.  He does not admit the justice of the claim.  No steps have been taken to compel payment.”

(Source:  British Mercantile Claims, page 172, as transcribes and published on-line in “The Virginia Genealogist,” the American Ancestor Series, by New England Historic Genealogical Society, Vol. 25, page 122)

“Goochland, the county seat of Goochland County, is open, rolling hills. The small group of structures sheltering rural commerce and county law practice and residences, old and new surround Goochland Courthouse, …Built in 1826… Goochland County, formed from Henrico in 1727, was the first Virginia county entirely in the Piedmont.

When Colonel Byrd visited Goochland in 1732 he wrote of a home west of the count seat as ‘a new settlement’ in a ‘retired part of the county.’  ‘A Goochland store,’ he averred, was a place where ‘the way of dealing … is for some small merchant or pedler to buy a Scots pennyworth of goods, and clap one hundred and fifty per cent upon that.’ “

(Source:  Tour 23 – American Studies @ The University of Virginia, xroads.virginia.edu/~hyper/vaguide/tour23.html.)

The Virginia Tax Census records for 1790 and 1800 state John paid taxes in Goochland and Fluvanna Counties.

1789 Tax Record

 

Recently, while researching all the Ware and Harrison lines connected with my ancestor, I discovered some new and interesting information regarding the Gentleman’s hobby of horse racing, in Virginia.  Apparently this sport had continued in the colonies as it had in England.  As Tidewater families moved further inland to find better land for growing and grazing and to escape the swamps and mosquitos of coastal Virginia, their passion for horse-racing went with them.   Large sums of money were wagered, won and lost, but a fine living could be augmented breeding  horses with new stock imported from England.

In writing about my ancestors involvement, it is important to know about a horse of very fine quality and breeding who came to Virginia.  Colonel John Baylor, a magistrate and owner of the plantation at New Market, lived in Caroline County, perhaps in the same parish as James Ware, father of John Ware.  I find no direct connection between Col. Baylor and my ancestors, but the horse called “Fearnought,” which he imported from England in 1764, was..  He “became Virginia’s premier breeding horse and according to a leading nineteenth-century chronicler of race horses, and did ‘more to improve the breed of thoroughbred race horses than any other stallion in the United States’ at the time.  Many of Virginia’s gentry sent their mares to Baylor’s plantation for stud services and then bragged for years about their horses’ lineage.  Thomas Jefferson, for example, proudly noted in his farm journal that his favorite mount, Caractacus, was the grandson of Fearnought.”

 

 

(Source:  Encyclopedia of Virginia, on-line, Horse Breeding Advertisement.)

“Having lost more races than he won, Baylor largely abandoned horse racing by the mid 1750’s and concentrated instead on importing and breeding. …”  One of the horses he imported was Walker’s Godolphin mare.

(Source:  Baylor’s Thoroughbred Business, on-line)

Fearnought was foaled in England in 1755.  “His sire was Regulus, one of the best racing sons of the Godolphin Arabian.  Fearnought was King’s Plate winner, and won four mile heats under high weights and so was considered the most desirable of specimens for importation to improve the small, sprinting types prevalent at the time in the Virginia Colony.  He was a big, bright bay horse, very nearly 16 hands high, and very strongly made.

Nine-year-old Fearnought arrived in America in March of 1764 and stood at Baylor’s plantation until his owner’s death.  He was then sold and stood three more seasons in southern Virginia, dying at 21 years of age in Greenville County the autumn of 1776.

His “leading sons included … Dandridge’s Fearnought.”  However his sons only carried the male lineage forward a couple of more generations.  “The pedigree of some of the finest American families,” came ” largely through the exploits of the daughters.”

(Source:  Thoroughbred Heritage/Portraits/Fearnought, by Ann Peters, on-line.)

 

“Legal Notices From the Virginia Gazette

Richmond, 1782

Mr. Dandridge’s Fearnought; a mare purchased in England and brought to Virginia by the late Col. Chriswell; and Col. Byrd’s famous Calista are mentioned among Actaeon’s ancestors.”

(Source:  American Ancestors/ The Virginia Genealogist, on-line, Vol. 25, pages 170-1.)

“April 5, 1783

James Ware advertises that Fearnought, formerly the property of Dandridge and Payne, stands at the subscriber’s in Goochland County on the Byrd, and will cover mares at 500 weight of Richmond crop tobacco the season.  He has 200 acres of land as pasturage at home and a field of it sowed with rye; also a large pasture of Col. R. Lewis is within two miles of his house.”  (This James Ware is possibly the oldest son of John Ware.)

(Source:  American Ancestors/ The Virginia Genealogist, on-line, Vol. 27, pages 216-7.)

“March 20, 1784

William Harrison and John Ware advertise that the celebrated horse Fearnought stands at their stable in Pittsylvania County on the Dan Rive at L10 Virginia money to insure a mare to be in foal or L5 the season.”

(Source:  American Ancestors/ The Virginia Genealogist, on-line, Vol.30, page 38

“July 5 1784

William Harrison, having purchased land contiguous to his, is induced to offer for sale his half of the fine stud horse Fearnought at private sale.  Apply to him in Pittsylvania County on Dan River or to Captain John Ware in Goochland, who owns the other half.”

(Source:  American Ancestors/ The Virginia Genealogist, on-line, Vol. 30, page 309.)

“April 9, 1785

John Ware and Thomas Jones advertise the horse Fearnought stands at John Ware’s stable in Goochland and will cover mares this season at $15.”

(Source:  American Ancestors/ The Virginia Genealogist, on-line, Vol. 32, page 256.)

“FORTUNATUS, ch. by imp Shark; dam by Celer; — by Capt. John Ware’s Fearnought, of Goochland, County, Virginia.”

(Source:  Making the American Thoroughbred: Especially in Tennessee, 1800-1845, by James Douglas Anderson and Balie Peyton, 1916, on-line at Google Books.)

John’s younger brother James was also involved with breeding race horses.

“GODOLPHIN (Dr. Brown’s was raised by Mr. James Ware, Frederick county, Virginia.  Godolphin was by Godolphin, …”

(Source:  American Turf Register and Sporting Magazine, Google Books, on-line and The Gentleman’s New Pocket Farrier, by Richard Mason and Samuel Wyllys Poneroy, 1841, Google Books, on-line.)

And so it continued through the Virgina generations.   Jame Jr.’s,  grandson Josiah William Ware was racing horses in Clarke County in the 1830 season.  “COQUETTE (by SIR ARCHIE).  1831,1832 &1836 at “Springfiled”, Clarke County, the seat of Col. J.W. Ware.”

“Col. Josiah William Ware (1802-1883) was one of the foremost stockmen in the United States.  He was known just as much for his Cotswold sheep as for this Thoroughbred horses and made several importations from England. …”

(Source:  Clarke County Historical Association, pages 24 and 27.)

 

John Ware was a very wealthy man.  His land holdings were vast.  He had over 130 slaves and possessions which determined his station, specifically a carriage and 2 carriage horses.  His house-hold furniture consisted of enough pieces to furnish a five bedroom house.  He also had tannery and blacksmith shops.  (At his death, receipts to these businesses were due to his estate.)  He derived money from rented property, and raising race horses.

Most plantation owners in that area probably grew tobacco.  Several notations in the St. James Northam Parish Church Vestry Book were made concerning debts being paid by or to parishioners, with tobacco.  I believe John grew either cotton or flax.   Spinning wheels and carding implements were left to his daughters Milley and Molley.

Towards the end of his life, John was focused on another business, milling.  He died before the two mills could be constructed.  His Will directed them to be completed and the profits to be given to his oldest son James as the conservator of John’s perpetuating estate for his grandchildren.

The mill on Whittle Creek was completed in 1817 with money from the estate, but I cannot find evidence of the proposed mill on the Rivanna River in Fluvanna Co.  Profits, or lack thereof, for the Whittle Creek Mill did not flow into the estate as directed by John.  The property ultimately was to be given to John’s grandson, Nicholas Miller Ware, son of James.  Nicholas told his father he was going to sell the property regardless of the directive of John’s Will; which he did.

During the Colonial times, plantation owners banded together to form Militia’s and Safety Committees for protection against Indian attacks.  With the approach of civilization, many of these groups were disbanded  and were  reorganized when Virginia called upon them in time of war.  John and many of his wealthy neighbors probably bought their commissions as was customary in England.  He became a Captain and his oldest son James was his Second Lieutenant.

“The term militia is commonly used today to refer to a military force composed of ordinary citizens to provide defense, emergency law enforcement, or paramilitary service, in times of emergency without being paid a regular salary or committed to a fixed term of service.”

(Source: Wikipedia)

“When in 1775, committees were organized in various counties, who were to have virtual control of preparations of impending was, Goochland acted promptly and the following citizens were named: …John Ware, …”

(Source:  Twelve Virginia Counties Where the Western Migration Began, by John H. Gwathmey, Originally Published in Richmond Virginia, 1937, page 226)

“August 1777, Book 12, page 501

Waller Johnson, Lt.; James Ware 2nd Lt.; and James Overstreet, Ensign in appt. in Capt. John Ware’s Company; …”

(Source:  Goochland County’s Militia Officers (1730-1777) by Margaret Henley,  Goochland County Historical Society Magazine, Vol. 8, No. 2, Autumn 1976, page 47)

“Ware, John, Goochland Militia serving as Captain in 1777; replaced as Captain by Samuel Richardson, Apr. 20, 1778”

(Source:  Historical Register of Virginians in the Revolution; Soldiers-Sailors-Marines, by John H. Gwathmey, Deitz Press, Publishers, Richmond, Virginia, 1938)

(Note:  You may be confused after reading the information below regarding the service of James Bibb, but as it was pointed out to me, there may have been several Captains in the Goochland Militia, John Ware being only one.  We, also,  know John’s son, James, ultimately served as one of his lieutenants.  Towards the end of this biography is information about John’s children and you will read that William Ware, Johns’ third son, served as Ensign in Captain Samuel Richardson’s Company.)

Recently I have learned there were two Capt. John Wares living in Virginia at the same time.  One in Goochland County and one in Albemarle County and throwing the John Ware of Fluvanna County in the mix it has been quit a chore to separate them, so for clarity sake I am going to assign them numbers.

Captain John Ware of Goochland County and whom this biography is about is #1.

John Ware of Fluvanna County is #2.  This John Ware to my current knowledge did not serve as a Captain.

Captain John Ware of Albemarle County is #3.

Previously I had thought John #1 had served at Albemarle Barracks, in Albermarle County, to guard prisoners, as evidenced below. and I jumped to the conclusion that since Mr. Bibb “volunteered at Goochland Court House,”  then the Capt. John Ware he served under at the prison must have been John #1, because John #1 was of Goochland County.

James Bibb, was a member of John Ware’s Company  in 1779 and detailed on the first page of the transcribed letter below is Mr. Bibb’s Revolutionary War service record.  The letter was signed by A.D. Hiller, Executive Assistant to the Administrator.

Click on to enlarge.

Click on to enlarge.

(Source:  www.Footnote.com)

However, another Pension request has been found for a man named James Harrison.  It is on Rootsweb, and  it seems to corroborate Mr. Bibb’s statement as follows.

Following Gen. John Burgoyne’s defeat at the Battle of Saratoga, in 1777, several thousand British and German (Hessian and Brunswickian) troops, of what came to be known as the Convention Army, were marched to Cambridge, Massachusetts. For various reasons, the Continental Congress desired to move them south. One of Congress’ members offered his land outside of Charlottesville, Virginia. The remaining soldiers (some 2,000 British, upwards of 1,900 German, and roughly 300 women and children) marched south in late 1778 – arriving at the site (near Ivy Creek) in January, 1779. As the barracks were barely sufficient in construction, the officers were paroled to live as far away as Richmond, Virginia and Staunton, Virginia. The camp was never adequately provisioned, and yet the prisoners did manage to make something of the site, including building a theater. Hundreds escaped Albemarle Barracks, owing to lack of an adequate number of guards.

As the British army moved northward from the Carolinas, in late 1780, the remaining prisoners were moved to Frederick, Maryland, Winchester, Virginia, and perhaps elsewhere.

The former site of Albemarle Barracks is on private property, northwest of downtown Charlottesville, in the vicinity of ”Ivy Farms.” In 1983, the Albemarle County Historical Society erected a plaque for the Albemarle Barracks burial site. Located on what is now Ivy Farm Drive, the spot marks the location of several graves found when the land was developed for residential use.”

(Source:  Wikipedia)

Further information provided by Teta Eubank Wagner on her site verifies that John #3 was younger and died in 1834 a few years after James Harrison’s  Pension request.  John #1 died in 1816 as we already know.

“Revolutionary Soldier Capt. John Ware

CAPT. JOHN WARE was born c1750-1760, in either Caroline County or old Albemarle County, Virginia, in the part that became Amherst County. John was the son of EDWARD WARE and LETTICE POWELL, who moved from Caroline County to Albemarle/Amherst during the mid 1750’s. Edward Weir (Ware) was on a Colonial Virginia, Albemarle County Militia List in 1758. And he served in the French and Indian War from Old Albemarle County. Edward Ware appointed John as one of three sons to be executor of his will, written June 1, 1779. John was not named in the probate administration on July 3, 1786.

According to James Harrison’s declaration of military service in the Revolutionary War, taken in the Augusta County, Virginia Court in 1832, John was named as a captain from Amherst County, as was Ambrose Rucker of Amherst.

James Harrison’s Declaration, September 3rd, 1832 ; age 76 ; Capt. John Paxton,
Capt. Wm. Paxton, General Hand, Col Skillern, of Botetourt, and Col. Dickinson, of Bath ; was drafted under Capt. Skelton in Amherst ; Col. Taylor from
Orange ; Capt. Ware, Capt. Ambrose Rucker, of Amherst ; was born in Culpeper,
September 7, 1755.

…Capt. John Ware died in 1834: Amherst County, Virginia, Book 8, page 435 – Estate Commitment to Sheriff October 1834.“

Jim Hutchinson has discovered many deeds for John #3 on the Virginia On-line Catalog.

More evidence of John #3’s service to his country is evidenced by this information found in “Miscellaneous Papers, 1672-1865, Reprinted by the Virginia Historical Society, New Series Vol. 6, containing ‘Papers of George Gilmer, of “Pen Park”,  1775-1778’, edited by Robert A. Brock, Printed in Richmond VA, 1887, pages 113 and 114.

John went to Pittsylvania County after his mother-in-law died in 1809.  At some time he must have purchased the land “adjoining’ William Ware’s tract” as bequeathed to William in John’s Will.  William’s property was near the border of Halifax County.

Ann’s death was not recorded.  My hope is there might be a grave-stone for her in the small Ben Glade Cemetery.  Milley and Molley stayed on the plantation after their mother’s death to take care of their father.  And in consideration for this, John left them part of the plantation land where the house was located and all of its contents.

John was a benevolent slave owner.  His Will divided most of his slaves among his living children who resided close to the plantation because he did not want to greatly separate families.  William received no slaves, because he lived too far away.  A provision of his will stipulated for enough corn and bacon to feed the remaining slaves on his property for a year.

LAST WILL AND TESTAMENT OF JOHN WARE

Transcribed by Marti Martin

I, John Ware, of Goochland County, do make this testament as my last will and testament, revoking all other wills or instruments by me heretofore made.

1^st. I lend to my son James Ware the following lands, and after his death to be disposed of in the following manner. Viz: two tracts of land containing four hundred acres, called thereon by the names of Lawsons and Cole, John Payne’s tracts extending on the Little Byrd creek from Robert Pace’s to the widow Pace’s, and after the death of my son James, I give the aforesaid four hundred acres of land to my four grandsons, John Ware, Robert Ware, Richard Ware, and James Ware, to them and their heirs forever, subject to a regulation hereafter to be made, also one other tract or parcel of land on the little Byrd creek, running on the said creek from the widow Pace’s line to Stephen Johnson’s line so as to include the tract of land that I purchased of Ben Johnson’s estate, making in the whole two hundred and forty acres, and after the death of my son James, I give the aforesaid tract or parcel of land to my two grandchildren, Betsey Wyett and Richard Wyett, to them and their heirs forever, subject to a regulation hereafter to be made. One other tract or parcel of land lying on the Whittle Creek where I am building a Mill, it being the lands formerly owned by John and Susanna Pace. And running up to a new line to be made or run from a corner of Jesse Pace’s line to Jesse Miller’s line so as to make the aforesaid tract to contain about one hundred and eighty acres. And after the death of my son James, I give the aforesaid tract of land of one hundred and eighty acres to my grandson, Nicholas Ware, to him and his heirs forever, subject to a regulation hereafter to be made. One other tract or parcel of land laying in the County of Fluvanna on the Rivanna River, my son James is to try to endeavor to get an Act of Assembly passed for building a Mill on the said tract of land by taking the water from the Rivanna River, and if he gets leave to build a Mill, he is to have it built out of my estate, and after the death of my son James, I give the aforesaid tract or parcel of land to the sons of William Ware and John Mosby, to them and their heirs forever, subject to a regulation hereafter to be made. It is my express will and desire that all the above tract or parcels of land requiring a division that it be done equally agreeable to its value and in no case those to whom I have given it shall be at liberty to make sale of it to any person during their lifetime without it is to one of the parties who claim in the aforesaid lands or to one of the heirs of my estate, being desirous that it should continue in my family during their lives.

2^nd. I give to my two daughters Milley Ware and Molly Ware the tract or parcel of lands whereon I live, beginning on the Big Byrd creek with the line of William Yates and running down the said creek to the lands formerly owned by Howell Lewis, and adjoining the lands on which Mrs. Tinsley lives, the lands of Jesse Pace, and to run with the new line to be made from the said Pace’s line to Jesse Miller’s line and with the said Miller’s line to William Yates line to the beginning. Also two tracts of land called thereon by the name of Merrious, containing eighty four acres each, which tract of eighty four acres each are to be rented out until the Mill on the Whittle Creek is finished and then to go to the use of my said daughters. Also, I give to my two daughters Milley and Molly all the blacksmith tools, all the tools or implements for carrying on the tan yard, the three blacksmiths, Joe, Jack, and Jim, and the two tanners, John and Reuben, my carriage and the two carriage horses, the loom and the implements belonging to it, two desks and bookcases, the bureau, 5 feather beds and furniture, two curtain bedsteads and curtains, three common bedsteads, 4 dining tables, 2 dressing tables, two looking glasses, all the sitting chairs, all the pictures and maps, all the window curtains, the clock, six trunks, two pair fire tongues and shovels, all the cupboards and all the earthen ware, glassware, knives, forks, and spoons, all the waiters, grindstone, all the cyder casks, and all the salt. All the aforesaid lands and property are to return to my estate at the death of my two daughters, Milley and Molly should they have no heir or issue of their bodies, and be divided among those of my grandchildren who have had no lands from my estate, but if they or either of them should have heirs or issue of their bodies, then it shall go to my said daughters, to them and their heirs forever. Also, I, John Ware, give to my said daughters, Milley and Molly, the following slaves, viz: Lewis, Salley, Malenday, Jenny, Isham, Nelly, Simon (called Lewis Simon), Celey, Mary, Judy, Jesse, Moses, Fielding, Jordon, and little Isbell, making fifteen in number, also as much corn and bacon as will be sufficient for their use for one year after my death, as also the sum of one hundred dollars cash for pocket money. All the slaves together with all the increase of the females I give to my said daughters to them and their heirs forever. All of the aforesaid lands and property is given to my said daughters in consequence of advances made all my other children on their marriage.

3^rd. I give unto my son William Ware my tract of land on Dan River, laying near the lands on which my said son lives, containing six hundred and thirteen acres, also the rents which he owes me for the rent of the said lands, to him and his heirs forever the aforesaid lands and rents, being his full proportion of all my estate, both real and personal.

4^th. I give to my granddaughter Betsey Wyatt one Negro boy called and known by the name of Philling Ned, to her and her heirs forever.

5^th. I request that my Executors select out of my young Negroes one for each of my grandchildren and give it to them, which shall be theirs and their heirs forever, except for Betsy Wyatt, she having one already given, and the children of my son William Ware, and they shall have the sum of one hundred dollars paid them in lieu of a young Negro, as they live at so great a distance, and I not wishing to divide or separate parents and children.

6^th. My will and desire is that all the balance of my estate, both real and personal which has not been heretofore disposed of shall be equally divided among my five children, (without making sale of any of it). Viz: James Ware, Nancy Wyatt, Jenney Mosby, Milley Ware, and Molley.

7^th. My will and desire is that my son James Ware make use of as much of the lands first left to him during his life as he may want for his own use, and the rest of them to rent out, and the rents arising from them to be applied to the building or finishing the Mill on the Whittle Creek, and should the aforesaid rents not be sufficient to finish the said Mill, he is to make use of as much of the money belonging to my estate as will finish it.

8^th. I nominate my son James Ware and Richard Wyett my executors to carry this my last will and testament into effect and it is my wish that they not be held to security. In Witness whereof I have hereunto set my hand and seal this 24^th day of February 1816.

John Ware

Witnesses: Jesse Pace Sr., Jesse A Miller, Stephen Crank, Wm S Appleby, Jeremiah F Pace, J Napier

A codicil to the foregoing will is that my daughters Milley Ware and Molley Ware shall be at liberty to select from among my kitchen furniture as much as they may want for their use so as to include a large copper kettle with the articles selected.

I, John Ware, do make and annex this codicil as a part of my last will and testament. I give and bequeath to my daughter Jenney Mosby the sum of five hundred dollars to be paid to her in cash, and I give and bequeath to my daughter Nancy Wyatt the sum of two hundred and fifty dollars to be paid to her in cash. Thirdly, I give and bequeath to my two daughters Milly Ware and Molley Ware all the cotton wheels, flax wheels and cards so as to include all the implements for carding and spinning. 4^th I give and bequeath to each of my great grandchildren, except the grandchildren of my son William Ware, one of the smallest young Negroes, to each of them and to their heirs forever, and should my son William have any grandchildren, I give and bequeath to each of them the sum of one hundred dollars to be paid to them in cash, and it is further my will and desire that if any part of this, my will, should not be perfectly understood by my executors, that my friend John Napier shall be called on to explain it to them, this explanation to be admitted as I consider him to have the best information of my intentions. As witness my hand and seal the day and date above.

John Ware

Signed, sealed, and acknowledged in presence of

J Napier

Wm M Puryear

At a Monthly Sessions Court held for Goochland County at the Courthouse on Monday, the 17^th day of June 1816, this writing was presented in Court and proved by the oaths of Jesse Pace Sr., Stephen Crank, and John Napier to be the last will and testament of John Ware, dec’d. And the first codicil was also proved by the oaths of the said Jesse Pace Sr., Stephen Crank, and John Napier. And the second codicil annexed was also proved by the oath of the said John Napier, and ordered to be recorded.

At a Quarterly Session held for Goochland County at the Courthouse on Monday the 19^th day of August 1816, Inventory and Appraisement of the estate of John Ware, deceased, in Goochland County, was presented in Court and ordered to be recorded. (Value $23,019.70)

Inventory of the personal estate which belonged to John Ware of the County of Goochland, deceased, at the time of his death, produced for appraisement according to law by James Ware and Richard Wyatt, executors.

The foregoing contains a true inventory of all the personal estate of the late Capt. John Ware, dec’d, in the County of Fluvanna which has been in our possession since his death. (Value $5,985.00)

At a Quarterly Session Court held for Goochland at the Courthouse on Monday, the 19^th day of August 1816, this inventory and appraisement of the estate of John Ware, deceased, in the County of Fluvanna was presented in Court and ordered to be recorded.

List of appraisement of the estate of John Ware, dec’d, taken and made this 13^th August 1816 at Hoopers Rock, Cumberland County.

At a Monthly Sessions Court held for Goochland County at the Courthouse on Monday, the 16^th day Sept 1816, this inventory and appraisement of the estate of John Ware, dec’d in Cumberland County, was presented in Court and ordered to be recorded. (Value $1,988.50)

(Note:  The Will contains several inventories for all the properties, but were omitted from this biography.  There is also a plat map for the property surrounding Whittle Creek that was given to four of James’ sons.)

Mollie married George Washington McLein.  Milley continued to live on the plantation until her sister, Mollie, died in 1824.  She left the plantation and moved to Louisa County to live with another sister, Nancy (Ann) and brother-in-law, Richard Wyatt. She died at their residence in 1830.  Her will made “handsome presents” to her nieces and nephews.

When Milley died, her sister Ann, who was married to Captain Richard Wyatt, petitioned George McLein to return to John’s estate the land and property he inherited upon the death of his wife.  He agreed  to do so ,and did, but this land totaling 80 acres was also held in joint tenancy with Millie Ware.  She consented to turn over all but a small portion upon which she was living on and some of the furniture of the house.  Ann Wyatt’s plan was to sell the land and personal property to benefit the rest of the granddaughters.  All had to be contacted to give their consent.  Ann H. Ware, daughter of James Ware, Jr. had married Jacob Fowler and was living in Alabama, Susan H. Ware, daughter of William Ware and first wife Susannah Harrison was married to William Harrison and was living in Tennessee and Ann Payne Ware (called Betsy in this document), daughter of William Ware and his second wife, Susannah Payne, had married James Richardson and was living in North Carolina.  To my knowledge by the information given in this lawsuit, those parties were never reached nor did they choose to respond to repeated advertisements in the Charlottesville Gazette.   I believe they did not receive any portion of  the proceeds of the sale.  The other granddaughters listed were: Sarah Wyatt, daughter of Ann and Richard Wyatt.  Mary F. Ware,  Martha M. Ware, Clara S. Ware, who was married to Greif Perkins, Elizabeth Poval Ware, who was married to Benjamin Harris, and Sarah, who was married to Hardin Perkins, all daughters of James Ware Jr., (another granddaughter , Salley who was married to Samuel Harris, may have been the child of James Ware Jr.)  and Nancy or Annie H. Mosby who was married to a Mr. Shelton, was the daughter of Jenny H. Ware and John Harris Mosby.  The lawsuit was not settled until 1829; Richard Wyatt paying the court costs.

The children:

James married Elizabeth Miller, September 22, 1786.  They had 11 children; Clara, Elizabeth, James, John, Martha, Mary, Nancy, Nicholas, Richard, Robert and Susan.   James appointed Ensign in John Ware’s Company, Aug. 18, 1777.  James Sr. died in 1818.

Andrew took the oath to serve as Ensign in the Goochland Militia, Oct. 16, 1780

William, Goochland Militia appointed, 2nd Lieutenant in Captain Samuel Richardson’s Company, July 16, 1782.
William married his cousin Susannah Harrison, February 10, 1875.  She died shortly after the birth of their daughter, Susannah H.  (Her death-bed letter to her family can be found on this site.)  William married another cousin, Susannah Payne, October 17, 1789.  They had six children; Agnes, Ann, John, Robert, Susan and William.    William Sr. died January 16, 1828.

John married Margarett Lady September 6, 1780.  It is presumed he was involved with the merchant trade from Ware’s Neck to England and died at sea.

Elizabeth married James Poindexter, April 21, 1806.  She is not mentioned in her father’s Will and it is presumed she proceeded him in death.

Mildred never married and died March 3, 1830.

Jane (Jeanie) married John Harris Mosby, April 10, 1799.  They had four children; Alfred, Annie, John and Sarah. (Alfred’s son, John Singleton Mosby, was the notorious “Grey Ghost” of the Confederacy.)  She died in 1811.

Nancy married Richard Wyatt, December 16, 1796.  They had four children; Anne, Elizabeth, Richard and Sarah.  She died April 17, 1838.

Mary (Mollie) married George Washington McLein in 1816.  They had no children.

( Military information contributed by Judy C. Ware.  Source: Historical Register  of Virginians in the Revolution; Soldiers-Sailors-Marines, 1775-1783, by John H. Gwathmey, Dietz Press, Publishers, Richmond Virginia, 1938.)

John and Ann’s descendants migrated to different places and different states.   A few have searched their roots, trying to preserve the available information and documentation.  Much has been lost over time.  For me it has been hard to step back 200 years and imagine what life was like for them, however I have a better knowledge due to this research.  One item in one inventory has told me all I needed to know about John.  The inventory lists a blind mule.  Apparently John found this animal to still be of use when many a farmer would have destroyed such a beast.  I am proud to be descended from a man with such values and principles.