Green Womack Will, Dated 21 Dec 1853, Proved Aug 1856
Chatham Co, NC Will Book C:414
State of North Carolina Chatham County
In the name of God Amen - I Green Womack of the county and state aforesaid being of sound and disposing mind and memory considering the certainty of death and the uncertainty of the time thereof do hereby publish and declare this to be my last will and testament hereby revoking and making null and void all former last wills and Testaments by me heretofore made and declare this, and this only, to be my last will and testament in manner and form following that is to say -
Item First. That my executor hereinafter named pay off all just debts by me owing to any and all persons whatsoever.
Item Second. As to the residue of my estate and which shall not be required for the payment of my debts and the expenses in an about the execution of this my last will and testament and the administration of my estate I give devise and dispose thereof as follows (to wit)
I give devise and bequeath unto my wife Ann the dwelling house and lot in the town of Pittsboro wherein I now live together with the lots adjoining the same being five in all, embracing the yard garden and stable lots, one or more back lots and the House and lot adjoining the public square (which house was lately used by a Mr Baker as a tinner’s shop) also one other lot known as the meadow lot adjoining William Haithcock and others, also a tract of land adjoining the lands of Thomas B Harriss and others containing one hundred and forty seven acres more or less, to have and to hold the said houses and lots and tenements for and during the term of her natural life.
I likewise give and bequeath to my wife Ann the use of two negroes during her life (to wit) Peggy and Simon, and also the use of all my household and kitchen furniture, and should any of my children hereafter named marry or settle off during time of my said wife - I desire that she give off said furniture or such portions of the same as she may think proper to such child or children.
Item 3rd. It is my will that my Executor hereinafter named continue to carry on the mercantile business in the Brick House now occupied by one as a store for the space of twelves months after my decease unless the goods on hand should be sooner or disposed of to enable him the better to close the business without a sacrifice of the goods on hand and if at the expiration of the said twelve months there should be any goods left my will is that my Executor sell them off at auction.
It is further my will and desire that my Executor hereinafter named sell all the stock of hogs, horses, cattle, sheep, mules wagons carts and all my farming utensils on my Cape Fear plantation and all such other stock and farming utensils as I may be possessed of in Pittsboro and all my crop when it shall have been gathered also a tract of land containing three hundred acres more or less lying on Deep River adjoining the lands of Mrs Sally Gilmore and others; and after the twelve months have expired and the business of my store is wound up, I desire that my Executor sell the lot in Pittsboro on which my Brick Store and ware house stands on such credit as he may think best.
Item 4th I give and bequeath to my son John A Womack one fifth part in interest of all my property, embracing negroes the proceeds of the sales of my Estate hereinafter mentioned, also one fifth part of the property I have hereinbefore devise and bequeath my wife Ann to take effect after her death.
Item 5th - I give and bequeath to my two grandsons William G and John W Hayes, children of my deceased daughter Jane Hayes, wife of William A Hayes one fifth part in value all my estate not hereinbefore devised and bequeathed; also one fifth part in value of all my property I have hereinbefore devised and bequeath to my wife Ann to take effect after her life estate in the same is determined to be equally divided between them and in the event that either of them should die before arriving at the age of twenty one years then and in that case if it is my will and desire that the survivor shall receive the share of the one so dying, and in the event that both of them should die before they reach the age of twenty one years then and in that case it is my will and desire that the share bequeathed to them shall be equally divided between my son John and my daughters Lucy Fanny and Maria Womack or the survivor or survivors of them and their heirs under the same restrictions as the property hereinafter devise and bequeath to my said daughters Lucy Fanny and Maria Womack.
Item 6th. I give and bequeath unto my daughter Lucy Theus property to the amount of one fifth of my whole estate not hereinbefore devised and bequeathed, also one fifth in interest of all the property I have hereinbefore devised and bequeathed to my wife Ann to take effect after her life estate in the same is determined exclusive of the jus mariti of her present or any future husband she may hereafter have. It is further my will and desire that's property hereinbefore bequeathed to my said daughter Lucy Theus shall be equally divided between any children of my said daughter Lucy living at the time of her death and the child or children of any child or children of my said daughter dying in her lifetime in shares given to each child of my said daughter and to the child or children of any deceased child or children of my said daughter such equal portions of the said Estate herein devised and bequeathed to my said daughter Lucy as aforesaid as the parent of such child or children would have been entitled to if he or she had been living at the time of the death of my said daughter Lucy and in the event that my said daughter Lucy should die leaving no lawful heir of her body then and in that case it is my will and desire that the share of my estate here in bequeathed to her shall be equally divided between John A Womack Fanny Womack and Maria Womack or the survivor or the survivors of them or their heirs under the same restrictions as the property herein bequeathed to them.
Item 7th. I give devise and bequeath to my two daughters Fanny Womack and Maria Womack property to the amount of two fifths of my whole Estate not hereinbefore devised and bequeathed, I also give and devise to my two daughter Fanny and Maria two fifths in value of all all the property I have hereinbefore devised and bequeath to my wife Ann to take effect after her life estate in the same as determined to be equally divided between them exclusive of the jus mariti of any husband they or either of them may hereafter have. Iit is further my will and desire at the property hereinbefore bequeathed to my daughter's Fanny and Maria shall be equally divided between any children of my said daughters Fanny and Maria living at the time of their death and the child or children of any child or children of my said daughters dying in their lifetime in shares given to each child of my said daughters Fanny and Maria, and to the child or children of any deceased child or children of my said daughters in equal portions of the said Estate herein devise and bequeath to my said daughters Fanny and Maria as aforesaid as the parent of such a child or children would have been entitled to if he or she had been living at the time of the death of my said daughter Fanny or my said daughter Maria and in the event that either of my said daughters Fanny or Maria should die leaving no lawful Heir of their bodies, then and in that case, it is my will and desire that the share of my estate bequeathed to the one so dying shall be equally divided between the survivor and my son John A Womack and my daughter Lucy Theus or the survivor or the survivors of them under the same restrictions as the property hereinbefore bequeathed to my said daughter Lucy Theus.
Item 8th. It is my will and desire that my Executor hereinafter named sell my tract of land lying on Cape Fear River adjoining the lands of R W Haywood & others, containing five hundred and fifty two acres more or less - also one other small tract of pine wood land adjoining the land of Merrill Utley & others, containing one hundred acres more or less - The above lands I desire to be sold on a credit of one and two years and the proceeds of said sale when collected to be equally divided between my son John A Womack and my three daughter Lucy Theus, Fanny Womack and Maria Womack under the same restrictions at the property hereinbefore bequeath to them.
Item 9th. It is my will and desire that the shares hereinbefore bequeathed to my son John A Womack and my three daughter Lucy Theus, Fanny Womack and Maria Womack and the share given to my two grandsons William G and John W Hayes should be equal in value the one to the other - my two grandsons William G and John W representing my deceased daughter Jane Hayes.
Lastly I do hereby nominate constitute and appoint my son John A Womack to be the sole Executor of this my last will and testament.
In testimony whereof I have hereunto set my hand and affixed my seal the twenty first day of December one thousand eight hundred and fifty three.
Signed Sealed published and declared by the said Testator to be his last will and testament in the presence of us, who at his request and in his presence and in the presence of each other subscribe our names as witnesses thereto.
S L Riddle
MD Clegg Jurat
Green Womack (seal)
August term 1856
The execution of the foregoing last will and testament of Green Womack deceased was duly proven in open Court by the oath of M D Clegg a subscribing witness thereto and ordered to be recorded, whereupon John A Womack the executor therein named, appeared in open Court and was duly qualified as such.
Teste - W P Taylor CCC