William Womack

Son of Thomas Womack and Mary Farley. Married 1) Jane LNU; 2) Elizabeth LNU (she married next Levin Carter, m 7 Feb 1795, Pittsylvania Co, VA).

Born circa 1710 in Henrico Co, VA (the part which became modern Chesterfield Co in 1749). He was the second oldest son after Abraham, who was the oldest overall of the 10 children of Thomas Womack and Mary Farley. William was likely the second oldest overall.

William died 30 Jan 1790 in Charlotte Co, VA. He never had any children.

He left a nuncupative (oral) will, in which he gave a slave, Betty, to Elizabeth Jackson, the wife of his overseer, Simon Jackson. Since he had much more estate that was not covered by his will, he was considered to have died intestate (without a will). His brother, Thomas Womack, was appointed administrator of his estate, but he died, and then Thomas's wife Mary Womack was both the executrix of Thomas's will, and the administratrix of William Womack's estate. When Mary Womack died, John Lamkin Crute was the executor of her will, and became the administrator of William Womack's estate. Finally, the Charlotte Co, VA court appointed James Dupuy and his son Asa Dupuy as administrators of William Womack around 1810. Asa was still handling the estate as late as 1840, a few years before his death.

William Womack's widow, Elizabeth, got 1/3 of his real estate, and 1/2 of his personal estate, including slaves. The rest of William's estate was meant to be divided among his 9 siblings, or if they were dead, to their heirs, etc. There was much legal fighting over his estate, in various chancery cases that went on for 70 years. The resulting documents from these legal battles give many detail about the families of William's siblings.

Charlotte Co, VA OB 4:139 (LDS Film # 007893777, image 414/508) - July Court 1778 - An Indenture with a Memorandum thereon Indorsed between Isham Rices and Frances [sic] Rice of the one part and William Womack of the other part was proved by the oaths of two of the witnesses thereto subscribed to be the act and deed of he said Isham Rice & Frances Rice, and ordered to be Certified.

Probate Records of William Womack

    • Charlotte County Court records

    • Charlotte County Chancery cases

      • Alexander Ferguson vs Thomas Womack, ADMR of William Womack (1794-018)

      • John Timberlake vs Thomas Womack, ADMR of William Womack (1795-019)

      • Pleasant Roberts, ETC vs Thomas Womack ADMR of William Womack (1810-034)

        • img 9 - copy of Chesterfield Co, VA deed in which Francis Womack gives his share of brother William Womack's estate to son William Womack

        • img 15 - Chesterfield Co deposition, 1806, of Sarah Hatchett, widow of John Hatchett, that in 1799, her mother-in-law Elizabeth (Womack) Hatchett lived with John and Sarah Hatchett, was confined to bed by illness and cared for by grandson William Hatchett, and for that service, Elizabeth Hatchett had assigned her share of her brother William Womack's estate to her grandson William Hatchett.

        • img 19 - Thomas Oliver purchased William Womack's land. (See Charlotte Co, VA DB 9:249, 180 acres to Thomas Oliver, minus 1/3 dower of William Womack's widow).

        • img 25 - list of heirs believed not to be residents of Virginia. 4 Feb 1802, Thomas Womack "made oath that as far as he knows or believes, Abner Womack, Elizabeth Cauthorn, John Spradling and Mary his wife, William Womack son of Isham Womack, Mary Owen, Martha Womack, Isham Rice, Francis Hamilton, Daniel Owen and Mary his wife, Mary Man, Josiah Hatchet and Joseph Talbolt and Martha his wife" are not residents of Virginia.

        • img 31 - answer of Francis Rice (Jr) and Samuel Rice, children of Sarah (Womack) Rice, sister of William Womack.

        • img 33 - 1803 answer of William Womack, son of Francis Womack, brother of William Womack

        • img 35 - 1802 answer of Thomas Womack, administrator of William Womack. Mentions Levin Carter and Elizabeth his wife who was the widow of William Womack.

      • Elizabeth Womack, widow of William Womack vs Thomas Womack ADMR of William Womack (1824-016)

        • See images 11-13 for an accounting of William's estate.

      • ADMR OF Judith Chandler & ADMR OF William Roberts vs ADMR OF Judith Hamilton & ADMR OF Isham Womack (1860-012)

        • This case was about the shares of William Womack's estate that were never collected, primarily for William's siblings Judith Hamilton and Isham Womack.

        • This case has some false statements, such as stating that Isham and Judith had no children, which goes directly against details from the earlier cases.

TODO - records of William Womack in Henrico, Amelia, Prince Edward and Charlotte Cos, VA. Also, much more from Asa Dupuy papers.

Inventory of Asa Dupuy papers concerning estate of William Womack.

Note that Group and Copy# columns are just how I organized my photocopies.

Asa Dupuy Papers, transcriptions

Newspaper clipping

Supplement to the Georgia Journal, Wednesday, July 29, 1812

Virginia:

Charlotte court, 1st October 1810

In Chancery

Pleasant Robards, Stephen Robards, Joshua Robards, William Robards, Martha Robards, Fanny Irby, who was Fanny Robards, and Judy Chandler who was Judy Robards, children and representatives of Martha Robards, who was Martha Womack - Plaintiffs.

Against

Thomas Womack, administrator of William Womack, decd, William Womack son of Francis Womack , dec’d, Abner Womack, Elizabeth Cauthorn, who was Elizabeth Womack, and John Spradlin and Mary his wife, which said Mary was Mary Womack, children and representatives of Abram Womack, dec’d, William Womack, Mary Owen, who was Mary Womack, and Martha Womack, children and representatives of Isham Womack, dec’d, Francis Rice, Thomas Rice, Samuel Rice, Abram Rice, Isham Rice, Fanny Rice, Molly Cheatham, who was Molly Rice, and Elizabeth Pucket, who was Elizabeth Rice, children and representatives of Sarah Rice, dec’d, who was Sarah Womack, Francis Hambleton, and Daniel Owen and Mary his wife, who was Mary Hambleton, children and representatives of Judy Hambleton, dec’d, who was Judy Womack, Mary Mann, who was Mary Womack, Josiah Hatchett, Joseph Tolbert and Martha his wife, who was Martha Hatchett, and Judith Furkering, who was Judith Hatchett, and William Hatchett, children and representatives of Elizabeth Hatchett, dec’d, who was Elizabeth Womack - Defendants.

“The commissioners appointed under the interlocutory order made in this suit the 16th day of March, 1803 to make sale of the negroes and division of the whole estate in the said interlocutory order mentioned made their report thereon.” “In consideration whereof it is ordered and decreed that the sale and division therein mentioned, made by the two commissioners be established and made final between the parties, and that John L Crute, executor of Mary Womack, who was executrix of Thomas Womack, who was administrator of William Womack, pay the money in their hands belonging to the estate of William Womack, to James Dupuy jun and Asa Dupoy, to be by them paid to the several parties, and that they place the dividends of such parties as may not apply in four months from the time, at interest in safe hands for their benefit.”

The parties (or the legal representatives of such as are dead) interested in the forgoing decree and entitled to a distribution of the estate of the said William Womack, are requested to make application to the subscribers for their respective dividends and to receive the same, showing their lineage and line of representation &c, as the subscribers will not pay out any of the said estate but to those who are authorised as above.

Comm’rs

James Dupuy jr

Nottoway

Asa Dupuy

Prince Edward

Virginia, June 28th, 1811

Stevilie Letter, 6 Nov 1813 [61-63]

North Carolina Morganton November the 6th 1813,

Dear Sir

Having this day by an Accident Discovered an advertisement in the Raleigh Register from the Contents of Which I was induced to take the Freedom of Writing to you on the Subject of said advertisement and Inform you that I am well acquainted with Elizabeth Cawthon formerly Elizabeth Womack and she was alive & well a few Weeks past living in the State of Georgia.

I am also acquaint[ed] with the Children of Olive[r] Spradlin who was a Son of John Spradlin & the Wife of Said John Spradlin was Sister to Elizabeth Cawthon. I also knew a William Womack who I believe was a son of Abner Womack [incorrect, William was son of Isham Womack]. I would be thankfull if you would give me some Information so far as respects Elizabeth Cawthon, of what is comming to her as she is very old and is entirely Supported by one of her Son in law at present. I did Expect to see her again in 2 or 3 Weeks, but in Expectation of an Answer from you I shall wait some time longer, as a reason of my writing to Inform you that I am Married to a Grand Daughter of Elizabeth Cawthon, (not Cauthorn as I find in the Advertisement) formerly Elizabeth Womack and of Course Consider myself in Duty bound to write you, as also to give you her information respecting said Advertisement, as she never would know anything of the Affair without my so doing. Therefore Expect you will Oblidge me with a few lines on the subject while I am with due Esteem your humble Sevt. [Servant]

Frederick Stevilie

Mr James Dupuy Junr

[Back Side]

Please to Direct a Letter to

Frederick Stevilie Esqr

Morganton, North Carolina

Yours &

Fredk Stevilie [signature]

[Envelope]

For Asa Dupuy

From Frederick Stevilie respecting Womack’s Est dated 6th Novr rec’d 22nd

Mr James Dupuy Junior

Living in Nottoway

Draft Letter by James Dupuy to Frederick Stevilie 23 Nov 1813

Peach Grove November 23rd 1813

Dear Sir,

I recd yours of the 6th Inst yesterday and observe the Contents, and for answer say that that all of the principal Branches are Entitled to to L 109.10 with Intr [interest] from Feb 9, 1811 with some reduction for costs of advertising in four states by decree of Charlotte Court we have advertized in Virginia, North Carolina & Georgia but never can git a safe hand to git it done in South Carolina my son Asa Dupuy of Prince Edwd was appointed by the Decree of Charlotte Court with myself to take the burthen [sic, archaic form of burden] of this business on us & by said decree have put the money out to Intr for the benefit of the absentees he wrode to Raleigh & had it inserted there, he has the principal papers. If you have the Copy of our advertizement and are convenient to central part of South Carolina or the upper part of the state please to have it inserted & take a rect [receipt] with a paper that it is advertized 3 times at Intervals of six weeks the amt of bill of Printer will be allowed in the settlement sent - you will observe he necessity of the proof of the linege [sic, lineage] &c &c & coming [?]) in the name of the representatives before we can apply the money & also that the money is out on Intr & I do suppose it is impossible at this time to git it in, but corresponding by letter (post paid) communication can be had when the money can be had on application & if Mrs Cothran can give information on the subject to us or the parties interested it will be a favour to them - it will be proper for her if living or the representatives of her Husband to give proper proof imediately as in the Event it will be involved in additional difficulties.

If you insert in the South Carolina [newspaper] observe to have the names spelt as in the advertizement which is truly copied from the Decree of Charlotte Court & this will also show the necessity of the linnage being very cautiously proved & stated that she (or they) were of this Branch viz Womacks of Virginia & Amelia or Nottoway or Chesterfield & that she (or they) are of the parties in the suit mentioned in the advertizement.

Asa the forgoing is something like what I think ought to be wrote & perhaps a Copy of the advertizement inclosed & copy of the [illegible] printed & c. I send you the letter on which this is grounded take care of it & give me credit for the portage. Also keep a copy of what you write for perhaps you have sent advertizement on to South Carolina.

James Dupuy


Stevilie Letter, 23 Apr 1814 [35-37]

North Carolina, Burke County Morganton April 23rd 1814

Sir,

I received your favour dated the 9th of December last, from the Contents of which I perceive, that the part of the Estate of William Womack Deceased comming to Elisabeth Cauthorn is the third of a principal shear, as by Information from her, and which seems to Correspond with the advertisement Aberham Womack Deceased had three Children that were entitled to a part of the same.

I never had an opportunity of seeing Elisabeth Cauthorn untill this present month, I have a Power of Attorney from her for the purpose of collecting her part, and a representation of Lineage taken before two Justices of the peace which states that William Womack was her Uncle, and her Fathers Brother, and that her Father was the Eldest and said William Womack Dec the next, that there were five Brothers and five Sisters of them, and that to the best of her recollection when her Father moved to Amelia County Virginia, her Uncle William was then living there, and that before she moved from there there was she thinks a part struk [sic] off from Henricko [Henrico] and called Prince Edward.

You requested of me to have the Advertisement published in the state of South Carolina, but it appears an unecessary, as none of the heirs live in that State, the most suitable place in that state would be Pendleton there being a printing Office at that place, but when I spoke to the printer Mr John Miller he was out of Paper, and would not publish his Weekly Paper, the Children of Abner Womack [this is incorrect, should be Isham Womack], and of John Spradlin all lived in the uppermost part of Georgia, and are all seperated by removall to Different parts of the Western Country, that the cost would overrun the profit, to attempt to Collect their parts ----

[Next Page]

There are some of the Grand Children of John Spradlin living in Georgia, and James McBees Wife Sally & Robert Beans Wife I believe were Children of Abner Womack [this is incorrect, should be Isham Womack] McBees wife Lives in Franklin or Jackson County Georgia & Bean is gone to the Western parts.

I have stated to you my Authority which is attested by the Two Justices who took the Line of Kindred from said Elizabeth Cauthorn and attested the same, on both these papers I had a Certificate of the Clerk of the County Court affixed, Cerifying [sic] the said Justices to be Acting Justices of sd County.

I will take it as a particular favour of you to let me know by Letter at an early time, whether my papers will be sufficient as stated, and if any Defect, in what manner to have them amended as it will save much expense, which might otherwise arrise, and if Deem them sufficient from my statement please to let me know, what Elisabeth Cauthorns shear amounts to up to the present time, as also how soon I could receive her part, as she is very Infirm and very Old, and would be of great Bennefit to her xxx ---

I hope you will excuse my bad English as I am a Switzer by Birth, and fifteen years old when I arrived at Philadelphia.

Sir I am with due Esteem your Obed [Obedient] Sert [Servant]

Fred Stevilie [signature]

Mr Asa Dupuy

[Envelope]

Morganton, NC

24th April

Paid 17

Mr Asa Dupuy

Prince Edward Court House

Virginia

Per Mail

Stevilie Letter, 8 Apr 1816 [38-39]

North Carolina, Morganton April 8th 1816

Dear Sir,

Your Letter of the 7th of June 1814 I received and noted the Contents, but never had an opportunity to go to Georgia untill some short time past. I have procured an Afidavit of a Mr Peter Walters of Georgia Franklin County who Evidence proves, an Acquaintince of Abraham Womack Deceased who Lived in this state and County of Lincoln, and his Daughter Elisabeth Cawthorne, formerly Womack, still living in Franklin County Georgia said Walters was well Acquainted with Abraham Womack Deceased. & said Elisabeth who was 90 years old the 12th of January last, I also have a power of Attorney, and her own statement all attested & Certified agreeable to your statement of your Letter, It appears to me that the papers as above would be sufficient to Convince you that there is no Deception intended [?] and that so small a matter does not require so much Legal Exactness as the tuning of a Fortipiano [sic, Fortepiano, an early type of piano] with so many strings.

I have also seen one of the Grand Children of Mary Spradlin, and from Enquiry that part can never be drawn unless agreeable to your Instructions by a Letter of Administration of Mary Spradlin formerly Mary Womack as the Children live at a great Distance so that the Cost would over run the profit, the old Lady died in South Carolina, and Administration I am told has never been had, the Children of Olive[r] Spradlin live in Georgia. I allowed it an unnecessary Expense to make publication in a South Carolina or Georgia paper, I will further ad [sic] that I myself have seen Abraham Womack in his Life time near Beaties Ford Cawtaba [sic, Catawba River] and have been Acquainted with Elisabeth Cawthorne for 20 years, the old Lady stands much in need of her Little portion and if my papers as above stated will answer you will pleas[e] to Let me know by an Early opportunity att which Time I may come for the money.

Sir I am with due Esteem Yours,

Fredk Stevelie

[reverse]

Mr Asa Dupuy

Prince Edward County

Per mail } Virginia

Undated paper in Asa Dupuy collection - note some confusion, with Caswell & Lincoln counties mixed up, struck out and corrected in original.

Mr Josiah Womack of Caswell County NC states & has proved by paper produced that his father Abraham Womack jr of Lincoln Caswell County was also a child of Abm Womack Senr of Caswell county (Lincoln) He [?] Abraham jr is not mentioned in the decrees - Mr Stevilee may get information about the whole family by calling on Josiah living in Caswell County Hogan Creek near Bethels old store.

Draft of Letter to Frederick Stevilie, undated, but obviously in response to Stevilie’s letter of 8 Apr 1816.

Dear Sir,

Your letter of 8th April last I received and observed the contents in which you seem to think I ought not to be overly nice with regard to the evidence that may be produced respecting Mrs Cawthon’s title to a part of the Estate of Wm Womack dec, far be it from me to wish to put ant of the distributees to any unnecessary trouble indeed I wish the matter was settled - but in your letter you state that Mrs Cawthon was entitled to one third of a grand division her father having but three children, since the receipt of your letter (of 8th Apr) evidence has been produced (which I at this time have before me) that there was more than three children of Abram Womack of Lincoln County NC. Now sir judge for yourself whether or not I should be particular respecting evidence, the amount that may be due Mrs Cawthorn can be obtained whenever the necessary vouchers are produced a few days notice being previously given and I will put you on a tract to get the necessary information respecting the whole family - I have very lately seen a Mr Josiah Womack of Caswell County NC Hogan Creek near Bethels old store - Mr Womack can give some information himself & by applying to some old Gentleman not far from him you may get further information, from the idea I have of the geography of the Country I expect that Mr Josiah Womack lives very nearly between Morganton & Pr Edwd so that you might get your power of attorney and call on Mr Josiah Womack, get the balance of evidence ready & from there come on to Pr Edwd properly authorized with vouchers to receive.

A Letter near this form directed & sent by post to Frederick Stevilee, Morganton, NC