BENJAMIN WARD (1750-1820), SON OF RICHARD WARD & MARY DUKE

BENJAMIN WARD (c1750 - 1820) is the proven son of  BENJAMIN WARD and MARY DUKE, who probably resided in Pittsylvania County, Virginia. These Wards descend from SETH WARD of Henrico County, VA, Henry Duke of James City Co., VA and William Byrd, I of Charles City Co., VA.  On 16 April 1774 he married SELAH STEWART, daughter of JOHN STEWART & SUSANNAH TANNER, at Pittsylvania County, Virginia, where the Stewarts resided and where Benjamin was living with half-brother DANIEL WARD.

The Ward Family Record of MARY LORENA HANSARD WILSON establishes that BENJAMIN WARD, son of RICHARD & FRANCES WARD, was the father of DANIEL WARD, the half-brother of BENJAMIN WARD of Ashe County, NC. Dr. WILLIAM WARD's probate records in Rutherford County establish that BENJAMIN WARD fathered BENJAMIN WARD of this record.  The Ward Family Record was passed down from DANIEL WARD, half-brother of Benjamin Ward, to his daughter ELIZABETH WARD MARCUM, to her granddaughter, MARY ANN HANSARD, grandmother of MARY LORENA HANSARD WILSON of Sweetwater, Tennessee.  The document was in Lorena Wilson's hands until the last period of her life. This researcher obtained this information from Virginia Smith, who" visited with Lorena Wilson in about 1980" and who "was allowed to photocopy the document."  Mrs. Smith kindly provided a copy to me.

In 1777 BENJAMIN WARD first appears on the Washington Co.,TN Lists of Taxables documented by tax collector, Valentine Sevier, Sheriff, Dr. to the County Court of Washington Co., NC.. His property valuation was L356.10.0; he paid L3.12.0 in taxes.  His brother, WILLIAM WARD, was listed on page 4, assessed by Henry Lyle, Samuel Henry & William McNabb and returned to Jno. McNabb, Esq. WILLIAM WARD paid taxes of  1.16.10 1/2].  He had an Estate of  154.12.0 paid taxes of 1.12.9 [Washington Co., TN List of Taxables 1778-1801; Compiled by Mary Hardin McCown, Nancy E. Jones Stickley, and Inez E. Burns.]  Additionally JOSHUA CURTIS , father-in-law of Benjamin's son, Daniel, appeared on this list.

The 1778 tax records for Washington Co., NC Taxables indicate BENJAMIN WARD was the neighbor of DAVID HIX (Hicks) Sr. owner of 153 pounds worth of property evaluation and the Asher Family (Charles, Thomas, and William) on the upper portions of the Watauga River around the area later known as Shull's Mill.  (On page 7 of the assessments of Benjamin Cobb, Solomon Smith, William Asher and returned to John Chisolm, Esq. appears Demsey Ward, Estate of 171.10.3 and Taxes paid of 1.15.3. No proof to date that Demsey Ward is related to Benjamin Ward.)

In 1779 Benjamin Ward did not appear on the 1779 List of Taxables, Return made by Thomas Houghton, Esquire for 1779 of Washington County, NC to receive the same with proprietors names delivering the same on oath, as also, the Assessment thereon for the year of 1779.  The assessors were Matthew Talbot, Sr,. Andrew Taylor, and Clevias Barksdill.  WILLIAM WARD was assessed for one site of 250 acres valued at 250.  Property included 3 horses valued at 350; 7 cattle valued at 70; ready money of 21.2.8; total value, 691.2.8 current money.

North Carolina Land Grants in Tennessee 1778-1791 stipulate: BENJAMIN WARD filed land grant # 807 for 300 acres on South side of Watauga opposite Cove Creek in Washington Co., TN (later part of Watauga Co., NC). Again in 1789 BENJAMIN WARD filed 300 acre land grant # 861 for land on the South side Watauga opposite the mouth of Cove Creek in Washington Co., NC.  (TN State Library, Carter Co. Grants Roll # 15, Book 4, page 468 and Roll # 17, Book 6, page 272, Carter Co. Grants)

BENJAMIN WARD was named a commissioner, along with Robert White, Edward Williams, William Moore, John Hammer, Robert Love, and William Priestly -- merely to select a site for the seat of justice of Washington County, NC in the lost state of Franklin. North Carolina Senator Tipton sought to punish the town of Jonesborough for the attitude of its citizens in the August election by introducing a bill to remove the seat of justice of Washington County. (NC State Records, X VIII, 112.)  Excerpt from HISTORY OF THE LOST STATE OF FRANKLIN (Samuel Cole Williams, 1924, The Watauga Press, Johnson City, TN; PP 114-115).

In 1790 BEN WARD and JOSH WARD appear as Heads of Families in the First Federal Census, for Companies 8, 10, & 16, later taken from Wilkes Co. to make Ashe Co. NC in 1799.  In the 8th Company BEN WARD had 2 free while males over age 16 (born bef. 1774),  4 white males under age 16  (born 1774-1790), 3 free white females, and 1 slave.  JOSH WARD lists 1 free white male over 16 (born bef 1774), 2 free white males under 16 (born 1774-1790), 2 free white females, and no slaves.  In 1790 and 1799 JOSH WARD appeared  in the Wilkes Co., NC Census records.  Ashe  was formed from Wilkes County.    In 1799 he appeared in the 8th company with 1-2-2-0 persons and possessions.  Rutherford County Court Records state that  Dr. William Ward  had a brother named JOSHUA WARD, thereby proving Josh Ward to be brother to Benjamin Ward of Ashe County, NC.

On 23 October 1792 BENJAMIN WARD and EZEKIEL BAIRD were named executors of the will of DAVID HIX, probated 23 April 1793.  David Hix was of Washington County, NC.  [Wilkes County, North Carolina Will Abstracts for 1777-1910, number 347]

On 6 May 1795 at the Wilkes Co. NC, Court (Court Minutes Vol. 14, 19) BENJAMIN WARD, William Whittenton, Thomas Linville, Jr., Joseph Moss, Samuel Hicks, George Davis, Shadrick Estop, Lewis Stephens, Ezekial Baird, David Curtis, James Holesclaw, Federick Shull, Simon Shull, Joseph White, George Smith, Baker King, Chesley Coffey were ordered to view whether lands entered by (blank) Cunningham to be fit or not for cultivation.

In 1800 BENJAMIN WARD, DUKE WARD [son of Benjamin],  and THOMAS WARD [relationship unknown] appeared in the census for Ashe Co., NC as follows:
BENJAMIN WARD: 4 males to 10 years [4 sons born between 1790-1800]
                                1 male 16 to 26 years  [son born between 1774-1784]
                                1 male 26 to 45 years  [son born between 1755-1784, probably Daniel)] (Ben married in 1774)
          1 male 45 or over        [Benjamin born before 1755]
          2 females 10 - 16 years  [daughters Selah & Elizabeth 1784-1790]
          1 female 45 or over      [Selah  born before 1755]
          1 slave
DUKE WARD:     1 male 16 to 26 years    [born between 1774-1784]
          1 female 16 to 26 years  [born between 1774-1784]
THOMAS WARD:   1 male 10 to 16 years    [born 1784-1790]
          1 male 26 to 45 years    [[Thomas, born 1755-1784]
          1 female to 10 years     [daughter born 1790-1800]
          1 female 10 to 16 years  [daughter born 1784-1790]
          1 female 16 - 26 years   [daughter born 1774-1784]
          1 female 45 or over      [woman born before 1755]
(Thomas Ward is probably THOMPSON WARD, nephew of BENJAMIN WARD, & son of JAMES & ELIZABETH WARD who removed to Kentucky.)

LAND ENTRIES IN ASHE COUNTY, NC:   February 1800 - June 1809 LISTING BENJAMIN WARD:

1801                Tax List, Washington Co., TN Records:  BENJAMIN WARD, listed by assessor James Maulding.
                    (David Curtis appears on the on  same list.)

November 11, 1801, Page 127, # 503:     DUKE WARDE enters 25 acres in Ashe County; border:  begins on BENJAMIN WARD's North line on Wattauger River;  includes the vacant land.

February 8, 1802, Page 145, # 577: BENJAMIN WARD enters 50 acres in Ashe County on Wattauger River  border:  begins on my own line:  includes the "good" vacant land "their abouts".

February 8, 1802, Page 146,  # 580:     BENJAMIN WARD enters 50 acres in Ashe County on Wattauger River;  border:  begins on "the" river bank at a pine           marked "B  W" and runs down said river;  includes my "shuger" camp and vacant land "their abouts".

May 8, 1802.  Page 168, # 667:     BENJAMIN WARD enters 25 acres in Ashe County on South side of Wattauger River;  border:  begins at a "swomp:           dogwood   "saplen" marked " B W"  on "the" bank of said river, runs down the river to said Ward's "old" grant land & South on said Ward's line; includes the "good" vacant land "their abouts."

August 7, 1802, Page 186, # 740:   BENJAMIN WARD enters 50 acres in Ashe County on South side of Watauger River; border:  begins at a "swamp"      dogwood   "saplen" branded "B W" on "the" bank of said river, runs down said river to said Ward's old grant line, & runs South with said Ward's line; includes the "good" vacant land "their abouts."

August 7, 1802, Page 186, # 741:   BENJAMIN WARD enters 50 acres in Ashe County on South side of Watauger River; border:  begins on bank of said           river above mouth of Lorrel Creek, runs down said river, & up both sides of said creek; includes said Ward's mill seat on said creek.

August 7, 1802, Page 186, # 742:   BENJAMIN WARD enters 50 acres in Ashe County on North side of Watauger River; border:  begins at Ward's old grant linebelow mouth of Cove Creek & runs "various courses"; includes the "good" land and runs on said old grant land to said Ward's new survey line.

August 7, 1802, Page 187, # 743:   DANIEL WARD enters 50 acres in Ashe County on North side of Watauger River; border:  begins on a sycamore [or syckamore] branded "D W", runs North on BEN WARD's old grant line, West, & joins BEN WARD's new survey; includes the "good" vacant land.

November 11, 1802, Page 127, # 505:  DUKE WARDE enters 25 acres in Ashe County on "the" bank of Wattauger River:  border:  begins near BENJAMIN WARD's North line.

February 7, 1803, Page 233, # 884: BENJAMIN WARD enters 50 acres in Ashe County on a branch of Cove Creek; border:  begins at North corner of a conditional line made between said WARD & CUTLER HARMON and runs "various courses"; includes the vacant land "their abouts".

6 DECEMBER 1803, Ashe Co., NC Court Records, Book  B, page 133: North Carolina State Land Grant of  50 Acres to BENJAMIN WARD:  "The State of North Carolina No. 426.  To all whoseoever these presents shall come greeting known we that we for and in consideration of the sum of fifty shillings for every hundred acres hereby granted paid into our treasury by BENJAMIN WARD herein given and granted and by these presents do give and grant unto the said BENJAMIN WARD a tract of land containing fifty acres lying and being in the County of Ashe on the South side of the Watauger River on a Swamp Dogwood and a Locust in SAMUEL BAKER's line and runs down the river as it meanders to a Buckeye and a Hickory near the old crossing thence South with his old grant line twenty two polls to a stake then East with said line forty polls to a hicary then south one hundred polls to a stake then East fifty polls to a stake thence North with Samuel Baker's line to the Beginning.  Entered the 7th of August 1802 as the plat hereunto assessed doth appear together with all woods waters mines minerals here accoutrements and appurtenances to the said lease belonging or appertaining to hold to the said BENJAMIN WARD, his heirs and assigns forever yielding and paying to us such sums of money yearly or otherwise as our general assembly from time to time may direct provided always that the said grantee shall cause the grant to be registered in the Register office of our said County of Ashe within twelve months from the date thereof otherwise the same shall be void on testimony whereof we have caused these our letters to be made Patent and our great seal to be hereunto affixed, witnesses JAMES TURNER Esq. our governor captain general and commander in Chief at Raleigh the 6th day of December in the 28th year of our independence and in the year of our Lord one thousand eight hundred and three.  By command  J. Turner, received in the secretary's office.  Wm. White, Sec.    D. Caswell, J. Sec.

June 17, 1807, Page 32, # 1757:    ELIJAH KILBOURN enters 100 acres  in Ashe County on head of Rock House Bridge, on Beaver dam Ridge, & on waters of Rush Branch; includes the dead timber that the old road "goes through" that goes "up" from BEN WARD's to Ben Web's.

November 4, 1813, Page 11, # 2623: BENJAMIN WARD enters 50 acres in Ashe County; border: begins at a white oak near "between" BEN WARD & Richard White's old line on North side of Cove Creek and runs down the creek with his old line;  includes the vacant land down "as far as"  DAVID WARD's (sic DANIEL WARD) line and runs "various courses."
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August, 1806 BENJAMIN WARD served on a grand jury in the court in Ashe County; others were Thomas Calloway (foreman); David Birely, Henry Graybeal, Andrew Sheets, John Estep, William May, Willie Pennington, J. L. Weaver, William Snow, Daniel Hopper, Carter Whittenton, Samuel Phipps, & James Lewis.    [Source:  Ashe County: A History; Arthur L. Fletcher; Ashe Co Research Assn. NC; Jefferson, NC; p 80.0]

In 1810 BENJAMIN WARD lived in Ashe Co., NC and also in 1820. In 1820 he Ashe County, North Carolina Census records showed the following:
BENJAMINE WARD:     3-1-1-1-1-0    4-2-0-1-0      (14 in household]
DUKE WARD:          5-4-0-0-0-1    2-2-0-0-1      [15 in household]
JAMES WARD:         1-0-0-1-0-0    1-0-1-0-0      [4 in household]
LELAH WARD (Prob. Selah):     0-0-1-1-0-0    0-0-0-0-1      [3 in household]

April 17, 1820:  Land Records, Book F, page 30, Register, Court, Ashe Co., NC
"BENJAMIN WARD Deed to JAMES WARD, 130 acres.  This Indenture made this 17th day of April 1820 between BENJAMIN WARD, SR.. of the one part, and JAMES WARD of the other part, both of the County of Ashe and State of North Carolina witnesseth that for and in consideration of the sum of one hundred and ninety dollars to him in hand paid at and before the sealing to these presents, the receipt whereof he doth acknowledge, hat granted, bargained, and sold, and by these presents doth grant, bargain and sell unto him the said JAMES WARD a tract of land containing one hundred and thirty acres to the same more or less, Beginning at a Service tree at the mouth of a small branch on the Bank of Wattauger River running south along a marked line to the old grant line, thence East along said line until it intersects a line of fifty acres the state granted to the said BENJAMIN WARD by this State, thence along round the fifty acre tract the various courses to a swamp dogwood and locust tree on the Bank of the River, thence down the Bank of the River to the Beginning with every right, title, privilege, and emolument thereunto belonging or appertaining unto him the said JAMES WARD his heirs, executors or administrators forever against all lawful claim or demand In witness whereof he had hereunto set his hand and seal the day and date first above written.   BENJAMIN WARD, Seal
Witnesses:  Bedent Baird Jr; Martin Wilbourn, Thomas Curtis
North Carolina, May Term 1820 within deed was produced in Ashe  Co. Open Court by Bedent Baird in order to be registered.

Ashe Count, NC Deed Book 4:386 17th day of April 1820.
BENJAMIN WARD SR, of Ashe to BENJAMIN WARD JR. . . for one hundred and ninety dollars ($190) in hand paid by Ben. Ward J

April 17, 1820:  Land Records, Book F, Page 395, Register, Ashe Co,, NC
BENJAMIN WARD Deed to JESSEE WARD,  50 acres.  This Indenture made the Seventeenth day of April 1820 between Benjamin Ward of the one part and Jessee Ward of the other, both of the County of Ashe and State of North Carolina Witnesseth, that for and in consideration of the sum of one hundred and ninety dollars to him in hand paid at and before the sealing of these presents, the receipt whereof he doeth acknowledge, hath granted, bargained, and sold and by these presents doth grant bargain, * sail and confirm unto him the said Jessee a tract of land, containing by supposition fifty acres be the same more or less.  Beginning at a marked Hickory tree on the Bank of Cove Creek near the mouth of a small branch below the old house, running up the meanders of the branch to the old grant line, thence along said old granted line to where Duke Ward's line intersects & thence west along said line to the Bank of Cove Creek, thence down the Bank of said  creek to the beginning with every right, title, privilege, and emolument thereunto belonging or appertaining unto him the said JESSE WARD his heirs, executors, and administrators, well and truly to warrant and forever defend the aforesaid dismisses from all just claims or claims of any person or persons whatsoever in witness he hatch hereunto set his hand and seal the day and date first above written.    BENJAMIN WARD (his mark & seal).  Witnesses:  Bedant Beard, Martin Wilberin, THOMAS CURTIS.

April 18, 1820:  LAST WILL & TESTAMENT of  BENJAMIN WARD
Dated 18 April 1820; Proved in Open Court,  August Court, 1820, Ashe County, NC; recorded in Will Book , page 20,  1820, Ashe County, NC (filed in North Carolina State Archives).
"In the name of god Amen.  I BENJAMIN WARD of the County of Ashe & State of North Carolina being infirm in body but at the same time in my senses & of Sound mind & memory (Blessed be-god) I do hereby ordain & publish this my last will & testament in manner & form following.  To wit. First, I give & bequeath unto my beloved wife SELAH WARD forty nine dollars of my money & all my standing & gathered bread grain unto her own proper use & behoof forever.  Then I give unto my said wife SELAH, all my Negroes during her natural life time & also all my household furniture & Cloathing & Bedening, with every other article & implement of husbandry & farming utentials, after which then it is my desire that all my Negroes above mentioned named JACK, EFGINE, ESTHER, EMELIA & NANCY go to & I do hereby give & bequeath the said Negroes unto my Son NICODEMUS WARD & his heirs forever all & singular the aforesaid Negroes provided that the said NICODEMUS WARD Shall pay to my son KELLY WARD & DANIEL WARD & my two daughters SELAH WARD & ELIZABETH (Ward scratched through) WEBB four hundred dollars Each.  Furthermore it is my desire that I do hereby give & bequeath unto my said wife SELAH all my live Stock, horses, cattle, sheep, hogs & poultry of every description, & also my Still with all my distilling utentials belong there to with all my Books & other moveable & personal property of every description whatever, during her lifetime after which it is my desire that also go to my son NICODEMUS provided that he pay as above mentioned the aforesaid sixteen hundred dollars & lastly I appoint my worthy Son BENJAMIN WARD & Bedent Baird (illegible) the Executors of this my last will & testament. -- In witness where of I BENJAMIN WARD the Testator have herewith set my hand Seal this Eighteenth day of April & year of our Lord one thousand Eight hundred & twenty. -- signed, sealed, published, & declared in the presence of Bedent Baird. Signed BENJAMIN WARD (mark)
Witness:  Cutliff Harman [his mark] [Hurt written after it].  John Holsclaw {mark}  [Jurat written after it]"   "State of No. Carolina, Ashe County, August  1820  Proven in open Court by the oath of BEDANT BAIRD & JOHN HOLSCLAW and ordered to be Registered."   Signed by:  Thomas Callaughy, Esq.
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A HISTORY OF WATAUGA COUNTY (page 103) discusses Bishop Asbury's Journal and states:  "It is generally supposed that this good man (Bishop Asbury)  did not travel through Watauga in his trips through these mountains, but the following excerpts show the contrary:  'Monday, April 28, 1788 (after preaching the day before at the Globe on John's River, after getting our horses shod we . . . entered upon the mountains, the first of which I called Steel, the second Stone, and the third Iron Mountain; they are tough and difficult to climb.  We were spoken to on our way by most awful thunder and lightning, accompanied by heavy rain.  We crept for shelter into a little dirty house, where the filth might have been taken from the floor with a spade.  We felt the want of fire, but could get little wood to make it, and what we gathered was wet.  At the head of Watauga we fed and reached Ward's that night.  [This was probably BEN WARD, whose descendants are among Watauga's best citizens.  There is a tradition that while at Ward's the Bishop needed a better light that that afforded by the open fire, and that Ward supplied it by throwing deer bones on the live coals from a heap of all sorts of bones kept in the chimney jamb for that purpose.  It is not mentioned in the Journal however.]"

This researcher has found no evidence to date that Benjamin Ward's family was associated with Henderson's Transylvania Company, however his sons began to explore along the Tennessee River at an early date and were involved in Indian trade around Roan, McMinn, and Rhea Counties, Tennessee before the Cherokee Removal of the 1830's.  In 1837 some claimed land in Rhea, Meigs, and Roan County, Tennessee.  His sons Nicodemus, Kelly, Jesse, and Duke were found living in counties in that region.  Dr. William Ward, Benjamin's brother, removed to Rutherford County, Tennessee probably about 1798.

On 21 September 1832 DR. WILLIAM WARD, brother of BENJAMIN WARD of Ashe County, made his will at Rutherford County, Tennessee as follows:
"I WILLIAM WARD of the County of Rutherford and State of Tennessee being of sound mind and memory do make and publish this my last will and testament in this manner and form following:  First, it is my will and desire after my death all my estate of every description whatever except the property hereafter given to my nephew THOMPSON WARD should be kept together in the possession of my beloved wife MARY WARD for her use and benefit during her life and at her death to be equally divided and the 1/2 of my said estate when divided I give and bequeath to my said wife MARY WARD to dispose of in any way she may wish at her death.  I do also give and bequeath to my nephew THOMPSON WARD son of my brother JAMES WARD seven Negroes as follows.  BEN a Negro man I bought of ____, POLLY his wife and her five children  namely, COLEMAN, PAUL, MARTHA, ELIZA, and SARAH and all of his future increase to him and his heirs forever.  I do also give and bequeath the 1/2 of my property above given to my said wife MARY WARD during her life to be equally divided at her death between my brother JOSHUA WARD'S three daughters, RACHEL, RODY, and SEALY and THOMPSON son of my brother JAMES WARD to them and their heirs forever.  I do appoint my beloved wife MARY WARD sole executrix of this my last will and testament, hereby revoking all former wills by me made,  It is my will and desire that my said wife shall not give any security as executrix. ___ ___ of ___ hereunto set my hand this 21 day of September in the year of our Lord, 1832."

The Listing of Heirs of DR. WILLIAM WARD appeared in the Rutherford County Chancery Court Minutes Book A page 402 (Books mislabeled Book B is Book A), 10 October 1849, Rutherford Co, TN.    Decree relative to the Estate of Dr. William Ward, as follows:
"John Jones Administrator de bonis with the will annexed of WILLIAM WARD, dec'd VS WILLIAM MAJOR, Administrator & Isaiah Robertson & others.   Be it remembered that this cause came on for further hearing on the 16th day of October 1849 before Chancellor RIDLEY, upon the report of the Clerk & Master made in pursuance of an Inter___ decree heretofore pronounced in this court directing to take proof & report who are the next of kin to WILLIAM WARD deceased.  And it appeared from said report that WILLIAM WARD deceased has 4 brothers of the whole blood namely JAMES WARD, JOSHUA WARD, BENJAMIN WARD, and MICHAEL WARD; that he had one brother of half-blood namely DANIEL WARD; and that he had one sister of the whole blood, namely MARY KENNEDY.  It also appears that JAMES WARD died before WILLIAM WARD, that he left children THOMPSON WARD, WILLIAM WARD, AND MARY BAGLEY who were living at the death of WILLIAM WARD; that he left a daughter ELIZABETH LOGAN who died before WILLIAM WARD, leaving six children, namely WILLIAM, JAMES, THOMPSON, CAMPBELL, POLLY ANN and ELIZABETH LOGAN.  It appears that JOSHUA WARD died before WILLIAM WARD, leaving a daughter named RACHEL afterwards RACHEL DUNCAN who was living at the death of WILLIAM WARD, and that she is the only child of JOSHUA WARD who is proved to having been living at the death of WILLIAM WARD. It does not appear whether BENJAMIN WARD is living or dead or whether he had children or not.  It appears that MICHAEL WARD died many years since, that he left a Son JOSHUA WARD who is now living; and he is proven to have had one or two other children whose names do not appear or whether they are living at the death of WILLIAM WARD, namely WILLIAM WARD, JESSEE WARD, DANIEL WARD, BENJAMIN WARD, JONATHAN WARD, ASA WARD, SAMUEL WARD, ELIZABETH afterwards ELIZABETH MARCUM, SEALY WARD, HAPPY WARD afterwards HAPPY PERDUE and PRUDENCE WARD afterwards PRUDENCE PERDUE, eleven in number.  It appears that MARY KENNEDY was living at the death of WILLIAM WARD. And said report being unexcepted to is in all things confirmed.  It is therefore ordered adjudged and decreed by the Court.  1st that THOMPSON WARD, WILLIAM WARD & MARY BAGLEY children of JAMES WARD are entitled to one sixth of the lapsed legacies and as to which the said WILLIAM WARD died intestate to be equally divided between them in right of their Father JAMES WARD deceased.  2nd That the children of ELIZABETH LOGAN not being children of a brother or sister of WILLIAM WARD deceased are too remote in blood and take no interest whatever in his estate. 3rd That RACHEL DUNCAN is entitled to one sixth of the lapsed Legacy in right of her father JOSHUA WARD which is in addition to her legacy to which it has been heretofore decided she was entitled under the Will of WILLIAM WARD the legacy under the WILL being one fourth of one half of the entire estate.  4th That BENJAMIN WARD is entitled, if living to one sixth of the lapsed legacies and if dead, leaving children , they are entitled in his room & stead.  5th That JOSHUA WARD is entitled to one sixth of the lapsed legacies in his right of his father MICHAEL WARD deceased.  6th That the aforesaid children and heirs of DANIEL WARD are entitled to one sixth of said lapsed legacies in right of their said father DANIEL WARD deceased, to be equally divided between them.  7th That MARY KENNEDY is entitled to one sixth of the lapsed legacies.  8th It appearing to the Court that MARY KENNEDY sold and conveyed her interest in the estate of said WILLIAM WARD deceased to CHARLES DEMENT, it is ordered adjudged and decreed that the Clerk & Master pay over her distributive share to the legal representatives or attorney of the said Charles Dement.  9th It is ordered adjudged & decreed that the Clerk & Master pay over the distributive shares to the other persons entitled as herein declared and in the proportions to which they are respectfully entitled or to their legal representatives.  10th It is further ordered adjudged & decreed that the Clerk & Master proceed to collect the funds belong to said estate and which are to be distributed as aforesaid as fast as practicable and pay over the same to the persons entitled as herein declared; and that he make report of his progress therein to the next term of the Court.   (10 October 1849, Rutherford Co, TN)

On 29 April 1852 the Rutherford County, Tennessee Court distributed the estate of Dr. William Ward as follows:       "Be it remembered that this cause came on for hearing before the Hon. R. L. Ridley on this 29th day of April 1852 upon petition filed at the last term of this court & upon the report of the Clerk & Master made at the present term which report is in the words and figures following to wit: KELLY WARD & Others ,Ex-Partee

The Rutherford Co., TN Court Records prove that Benjamin Ward's siblings were: (1) MICHAEL WARD who had a son JOSHUA; (2) JAMES WARD  who had children THOMPSON WARD, WILLIAM WARD,  MARY WARD, ELIZABETH WARD; (3) OBEDIENCE WARD who married MR. CANADAY or KENNEDY; JOSHUA WARD who had daughters RHODA, RACHEL, and CELIA; (4) DR. WM. WARD of Rutherford Co., TN; (5) DANIEL WARD (half-brother of Franklin County, V\a circa 1765-1826) had 13 children.  No record search has been done to determine if the remaining three ninths share was ever paid to the heirs of Duke Ward, Mrs. Susan Webb, and Mrs. Celia Marlow or to the living heirs of Benjamin Ward.