Ware Family Graveyard

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Ware Family Graveyard By Dave Hallemann This family graveyard is located through a beautiful secluded valley. This cemetery was located by Dave Hallemann and Carole Goggin in November 2007. 38 o 18 54.5 N / 90 o 25 37.8 E This family cemetery, located in T41 R5 S2, is named for Gilbert A. Ware, who was the first to except it out and is buried there. This tract was originally entered by John Schmidt, April 4, 1851, Certificate #1811, for 80 acres in T41 R5 S2 NE¼ of the SE¼. 13 th April 1850, John Schmidt and his wife Margartha, of Jefferson County, execute a deed of trust on the E½, of Lot 1 of the NE¼, and NE¼ of the SE¼, to Isaac Cadwallader which he released on the 26 th May 1856. Deed of trust being recorded in Book K Page 457. Just a few months later on 9 th December 1856, John Smith and his wife Margaretta sell the tract to John Barr of St. Louis County for $450. 00, E½, of Lot 1 of the NE¼, and NE¼ of the SE¼, T41 R5 S2, 80 acres. Recorded in Book N Page 387. On 2 nd March 1857, John Barr and his wife Elizabeth of Jefferson County, mortgages the farm back to John Schmidt for $150. 00, which John Schmidt releases on 6 February 1860. Transaction being recorded in Book N Page 511. 2 February 1860, John Barr and wife Elizabeth of Jefferson County sell to Auguste Renegan also of Jefferson County, for $150. 00, N½ of the E½, of Lot 1 of the NE¼, being 20 acres and SW¼ of the NE¼, T41 R5 S2, except 10 acres being the S½ of the S½ of the SW¼ of the NE¼ which 10 acres John Barr reserves for himself, the remainder of the 40 acre lot, containing 30 acres, 50 acres being intended to be conveyed by this deed. Barr keeping the cemetery tract as recorded in Book Q Page 180. 28 th October 1863, Auguste Renegan and Nancela of Jefferson County sell the above tract back to John Barr for $150. 00, being recorded in Book T Page 91. Then on 7 th February 1865 John Barr and wife Elizabeth of Jefferson County, sell to Gilbert A. Ware, E½, of Lot 1 of the NE¼, and NE¼ of the SE¼, and the E½ of the W½ of Lot 1, and E½ of the NW¼ of the SE¼ T41 R5 S2 containing 120 acres..., recorded in Book U Page 612. Finally on 18 th January 1884, Gilbert A Ware sells the land to Stephen Weber of Jefferson County, for $5. 00, 1/3 acre in the E½, of Lot 1 of the NE¼, and NE¼ of the SE¼, and the E½ of the W½ of Lot 1, and E½ of the NW¼ of the SE¼ T41 R5 S2 said 1/3 acre known as the graveyard and is located in the above described land and party of the second part and his family is to have right of way to and from the said graveyard... Transaction recorded in Book 27 Page 32. With this deed we can put an official name of WARE FAMILY GRAVEYARD to this cemetery. Monday, November 26, 2007 1

As can be seen on the 1876 Historic Atlas C. (G.) A. Ware owns the tract the cemetery in located on. To the east ½ mile we see K. Weber on 35 acres and ½ mile to the southeast is J. F. Foster. Listed in the Patrons portion of the Atlas Gilbert A. Ware of Pevely, T41 R5 S2, is listed as farmer and fruit grower. (Note all the orchards). Also listed is Stephen D. Weber, Section 1, farmer and lumber merchant. (I have added the red cross to denote the location of this cemetery) By 1898, Gilbert has passed and his wife now is in possession of the land. Apparently K. Weber has passed and Nettie Weber is now in possession of that tract. (Note that Ware is misspelled to Wair on this atlas. Again, I have added the red cross to denote the location of this cemetery) Monday, November 26, 2007 2

Gilbert A. Ware February 28, 1814 January 8, 1894 Arthur Ware. Weber Beloved Son Of S. D. & Nettie WEBER July 20, 1868 November 25, 1883 Arthur s Death records list him as being buried at Ware Place. Monday, November 26, 2007 3

Laura Olive Weber Beloved dau. of S. D. & N. WEBER June 21, 1879 March 11, 1880 Footstone L.O.W. Walter Shields Weber Beloved Son Of S. D. & Nettie WEBER October 11, 1866 January 27, 1889 Monday, November 26, 2007 4

Nellie Foster Beloved dau. of G. A. & J. WARE April 10, 1850 January 20, 1875 Records indicate that an Isadora Ware marries a James Foster on 3-12-1874. I feel it is this Nellie Foster. There is a J. F. Foster owning nearby tracts of land on the 1876 Atlas. Elmer E. Stephens Beloved Son Of Edward and Mary STEPHENS March 12, 1883 March 24, 1884 Edward Stephens and Mary Webber, all of Jefferson County, were married in the evening of 3 March 1881. Elmer s death records list him as being buried at Ware Place. Monday, November 26, 2007 5

The 1870 census list Ware, Gilbert A., 56 year old farmer; Jeanetta 54 years old, keep house; Nellie 19 years old. Two farms over is listed Weber, S. D., 40, clerk. in lumber yard, Jeanetta 30, keeps house; Gilbert 9; Mary 7; William 6; Walter 4; and Arthur 2. (We know that Walter and Arthur are buried here per monuments.) In 1880 the census reflects, Ware, Gilbert A., 67 year old farmer; Gennett 56 year old wife, keeping house; Emma 30 year old daughter. And on a nearby farm, Weber, S. D. 53 year old farmer; Nettie 40 his wife; Gilbert S. 19, son; Mary J. 18, daughter; William A. 16, son; Walter S. 13, son; Arthur W. 11, son; Richard L. 8, son; Theodore 6, son; Frederick F. 3, son. Finally in 1900 the census list, Ware, Janet, 82 year old farmer. Again on a nearby farm, Weber, Stephen O., 72 year old farmer; Nettie O. 60, his wife; William S. 36, son; Richard A. 28, son; Theodore S. 26, son; Frederick F. 23, son; and Francis D. 8, grs. Stephen Decater Weber s death certificate shows he died in 1920, at the age of 93 years 6 months and 21 days, and is buried in Private Cemetery on farm. This is S. D. Weber listed on the monuments. In Probate 2205, of Gilbert Ware, was an affidavit of Jeanette Ware, widow, stating he left no will, had no minor children, had no personal property or money, left 125 acres of land, at the time of his death on January 31, 1894. Probate 2812, Gilbert Ware, (this is really Jeanetta his wife s probate, however since the land was not redeeded to Jeanetta it is filed under Gilbert), states that Jeanetta died in 1902, she possessed the E½ of Lot 1 of the NE¼, the NE¼ of the SE¼, the E½ of the W½ of Lot 1 and the E½ of the NW¼ of the NE¼, all in T41 R5 S2; that the property had been divided equally between Nettie O. Weber and Mary A Emerson. (These are the two surviving children of Gilbert and Jeanetta Ware. I feel this Mary A. Emerson is the Emma listed in the 1880 census. While no monument was located for Jeanetta I feel confident she is buried in this family cemetery.) This is a survey done for Mrs. Nettie O. Weber on June 9, 1904, for partition of the land between her and her sister Mary A. Emerson, of M c Cook, Kansas. As can be seen the land was divided around the cemetery. Copyright 2007 Dave Hallemann This article may be used for personal, historical, and genealogical purposes only, if the author is given credit. It may not be sold or included in any other publication or on any website without written permission of the author. Monday, November 26, 2007 6