Virginia
Old File Wills
WILL OF ALLEN WOMACK – PITTSYLVANIA COUNTY VA – 1842 (will book 2 page 27)
In the name of God amen, I Allen Womack of the county of Pittsylvania and state of Virginia being feeble in body, but of sound and disposing memory do make and constitue this my last will and testament in manner and form following hereby revoking all other wills by me heretofore made .
In the first place I wish my Executors hereinafter named to pay all my just debts.
2nd, It is my will and desire that my son William Womack pay to my Executors the value of a Negro man Meshack heretofore hired to him by me and that he pay to them thirty dollars a year hire for said salve during the time that he held him in possession, that the said William Womack keep the property heretofore given to him by me and it is my wish that he should not have any other portion of my estate.
3rd – I give and bequeath to my son Archibald Womack the Negroes and stock upon the plantation I have given him also Jack and his hire and the increase of the female slaves.
4th – I give and bequeath to my son John D. Womack – Aley and her increase and her brother Rawley together with what I have heretofore given him. Aley has now two children which I intend to include in this bequest.
5th - I give to my son Allen W. Womack the plantation whereon I now live together with the whole trct of land I bought of Smith containing four hundred acres, also the tract of land my father gave me containing two hundred seventy acres, also a tract I took up as vacant land on which my mill is situated containing ninety acres with the mill and all the appurtenances . I also give him seven Negroes to wit: Tarber, Leah, Violet and her children, Emily, Nathan, Joshua and Harrison with their increase. I also give him 130 acres of land bought of Edward Lewis adjoining my mill tract provided he pays Lilius D. Womack four hundred and fifty dollars in three equal annual installments from the day of my death, otherwise I give the said last mentioned tract of land to my son Lilius and it is optionary (sic) with my son Allen W. to pay the said sum of money or to keep the said tract of land. I also give him two beds and the usual bed clothing, one desk, one half of the crop on hand or growing at the time of my death, one third of my hogs, cattle, and sheep, one half of my kitchen furniture and all my right title and interest in one the tract of land purchased by me and the said Allen W. Womack of my son John D. Womack
6th – I give and bequeath to my son Lilias D. Womack the following tracts of land, one on white thorn containing three hundred and one acres which I bought of Charles Womack, one I bought of John Lewis containing one hundred three acres. I also give him nine Negroes to wit: one man Africa, one boy Randolph, a woman Nilley and her children William, Betsey, Judith, Daniel, Stephen and Thornton and all the other children that Nilley may now have (whose names are not recollected) and her future increase, also two beds and bed clothing, together with one half of my kitchen utensils. It is my wish that all the property devised and bequeathed to my son Lilias by this clause and all sums of money bequeathed to him by this my will shall be held by my Executors for his benefit until such time as they shall think he will make a proper use of it and then to be delivered over to him. The said Lilias to receive a comfortable support out of the profits of the said property so long as the said Executors shall hold it in possession. I also give my to my son Lilias a small tract of land purchased by me of Shelton adjoining the aforesaid tract bought of Charles Womack.
7th – I give to my son Charles Womack all the property I have heretofore placed in his possession.
8th – I give to my daughter Polly Adams the tract of land I own in Henry County containing 281 acres adjoining the lands of John Price and together with such other property as I have heretofore placed in her possession.
9th – I give to my Executors for the benefit of my daughter Agnes W. Williams one Negro man Ben, one Negro woman Katie and her children, the said Negroes to bee held by my Executor for the benefit of my daughter Agnes during her life and after her death if she should leave heirs of her body them to be delivered t them as they arrive at the age of twenty one years together with their increase. And if she should die without heirs of her body then at her death the said Negro man Ben to go to my Executors and their heirs and power is hereby given to the said Agnes if she should die without heirs of her body to give the said Negro woman Kate and her increase to any of my children or grandchildren that she may prefer. It is my desire that my Executors should hold the price and hires of Meshak when recovered for the benefit of my daughter Agnes during her life and after my death I give the same to my executors to them and their heirs.
10th – It is my will and desire that the residue of my property of every description not herein specially devised be equally divided among my five children to wit: Polly Adams, Allen W. Womack, Archibold B. Womack, John D. Womack and Lilias D. Womack.
11th – I hereby appoint Allen W. Womack and John D. Womack executors of this my last will and testament – In testimony whereof I have hereunto set my hand and affixed my seal this 17th day of December 1842
ALLEN WOMACK (SEAL)
Witnesses
J. C. Thompson
William Fitzgerald
George M. Gilmer
The following is a codicil to the foregoing will. I desire that the tract of land I purchased from Mr. Moore lying in Pittsylvania containing (as well as recollected) about two hundred and thirty four acres she be divided into two parts equal in value and I wish that part on which the spring near the school house is situated to be held by my executors for my son Lilias on the same terms and conditions as the other property divided to him by my will. I wish the other half of the said tract of land to be divided equally among my three sons Archibold B. Womack, John D. Womack and Allen W. Womack to them and their heirs forever.
In testimony where of I have set my hand and affixed my seal this 28th day of November 1844
ALLEN WOMACK (SEAL)
Witnesses
J. C. Thompson
William Fitzgerald
George M. Gilmer
At a court held for Pittsylvania county the 13th day of February 1847 this last will and testament of Allen Womack deceased together with the codicil thereto annexed was presented in court in order to be proven and Polly Adams, William Womack in his own right and as committee of Lilias Womack by their attorney appeared and opposed the proof of said will, And the said William Womack qualified in open court that he verily believed there were in possession of Allen Womack and John D. Womack or of one of them the papers Allen Womack deceased tow of which he thinks bear no date, one bearing a date in the year 1841 or 1842 tow of which he has been informed are in the hand writing of Allen Womack and one in the hand writing of James H. Stone in one of which the said Allen W. Womack and Lilias Womack were named as Executors. That the papers aforesaid contain material testimony for the said affiant (?) and will aid their motion, touching the matter in controversy in the said motion and that he had not the means of proving the contents of such instruments or of supplying such written evidence but by the discovery and production of the same by the said Allen W. and John D. Womack. The court doth require the said Allen W. Womack and John D. Womack to answer and say upon their oath or affirmation in solemn form whether they or either of them hath in his possession any such papers as aforesaid or any of like import, and if any such papers before the court and for reasons appearing to the court the said motion was continued till the next court..
And at another day to wit: at a court continued and held for said county the 16th day of March in the year aforesaid came the parties by their attorneys and the said defendants having withdrawn their opposition to said motion upon condition however that the same is not to effect their right to institute any other proceedings they may be legally authorized to adopt and by consent of the parties each party are to pay their own cost occasioned by the opposition aforesaid whereupon – the writing purporting to be the last will and testament of Allen Womack deceased bearing the ate the 17th day of December 1842 and the codicil thereto annexed dated the 28th day of November 1844 were proved by the oaths of Jennings C. Thompson and William Fitzgerald tow subscribing witnesses and ordered to be recorded. And on the motion of Allen W. Womack and John D. Womack the executors named in said will who made oath and with James H. Stone.. (last few lines missing)
WILL OF ABRAHAM WOMACK – HALIFAX CO. VA – 1863
In the name of God, Amen. Know all men by these present that I Abraham Womack of
the county of Halifax and state of Virginia being of sound disposing mind and memory
do make this my last will and testament, herby revoking all wills heretofore made by me.
First I give and bequeath to my son Marshall R. Womack my Negro woman Peggy and
her three children, vis: Francis, Jim and Lucy. Second I give and bequeath to my son
Marshall R. Womack the tract of land on which I now reside, containing about two
hundred and twenty acres – also all of my stock of every description household and
kitchen furniture and plantation tools except those legacies hereinafter bequeathed – vis:
I give and bequeath to my daughter Mary J. Hudson $700, to my daughter Rebecca J.
Sneed $600 and t Martha Ann Martin $600. It is my wish and desire that my Negro
woman Ellen be sold and that the plantation and stock be kept together this year 1863. I
will and direct that if there be any deficiency in the amount of money to pay the legacies
to my two daughters and Martha Ann Martin after selling the said Negro woman Ellen
and what money I have by me, that Marshall R. Womack pay such deficiency to the
legatees herein named so they get the full amount in money which I will and bequeath to
them. I appoint Marshall R.Womack executor of this my last will and testament and wish
him to take full possession of my estate as soon aas possible after my death and
superintend and manage my plantation and hands until the close of this year. Given
under my hand and seal this the 9 th day of March 1863.
Abraham (his mark) Womack (seal)
Witness
Isaac Addison
William M Brooks
William H. Worton
At a court held for the county of Halifax the 22 nd day of June 1863 the paper writing
purporting to be the last will and testament of Abraham Womack deceased was presented
in court for probate and Lewellen Sneed and Rebecca his wife, William Hudson and
Mary his wife, come into court and made themselves parties defendants to contest the
proof of the same and continued till next court.
A copy teste – James D. Clay , Clerk
At a court held for the county of Halifax the 25 th day of January 1864, the writing
purporting to be the last will and testament of Abraham Womack deceased was again
presented in court for probate and Lewellen Sneed and Rebecca his wife, defendants
contesting same appeared by counsel and on hearing the evidence of sundry witnesses,
the court is of the opinion that the same is the true last will and testament of said
Abraham Womack deceased, to which the contestants prayed and appeal to the Circuit
Court of the county which is granted, thereupon he entered into and acknowledged a
bond with John Clark his security in the penalty of $200 conditioned according to law.
A copy teste – James D. Clay , Clerk
At a circuit court continued and held for the county of Halifax at the courthouse thereof
on the 4 th day of May 1864, for reasons appearing to the court, it is ordered that this
appeal be continued until the next term.
And at another circuit court continued and held for said county at the courthouse thereof
on the 4 th day of October 1864 for reasons appearing to the court, it is ordered that this
appeal be continued.
And at a Special Term of the Circuit Court continued and held for said county at the
courthouse thereof on the 20 th day of July 1866 – This day came again the parties by their
attorneys and thereupon as well the transcript of the record of the judgment and order
aforesaid as within original writing purporting to be the last will and testament of the said
Abraham Womack , being seen and inspected and the testimony of witnesses heard it
seems to the court here that there is no error in the order or judgment aforesaid.
Therefore it is considered by the court that the same be affirmed and that the appealee
recover against the appellants his costs by him expensed in defending this appeal in
defend the appeal here. And the written content will was ordered to be recorded, as the
true last will and testament of Abraham Womack deceased. And on the motion of
Marshall R. Womack, the executor therein named, who made oath thereto and together
with Richard P. Garner and William W. Breedlove his securities entered into and
acknowledged a bond in the penalty of five hundred dollars conditioned according to law.
Certificate is granted him for obtaining probate of the said will in due form. The
securities having satisfied as to their sufficiency and being deem sufficient and it is
ordered the said bond be recorded
Teste – James Mendly Jr., Clerk
Oaths of Executors follows
Will of Charles Womack Halifax County, VA 1810 [Halifax Co, VA WB 9:43]
In the name of God amen. I Charles Womack of the County of Halifax being of sound
mind and disposing memory maketh this may last will and Testament in manner
following. To wit ___ all my debts of which there are few and none of magnatude to be
speedily paid. Item to my granddaughter Elizabeth l. Womack Igive and bequeath one
feather bed and furniture it being the same she at this time claims.
Item all the residue of my estate both real and personal I lend unto my beloved wife
Agness Womack for her use and support for and during her natural life when that is
ended my will and desire is that my executors hereafter named do make sale o fmy land
either at public or private sale and on such credit as may appear to them to be most
conducive to the interest of the parties concerned and out of the monies arising from such
sale or any other monies belonging to my estate to pay as soon after the decease of my
wife as circumstances will permit the following legacies to wit. To Sally Dismukes the
late widow of my deceased son John W. Womack 83 pounds 6/8 which sum I give her
and her heirs forever in consideration of her expectations in dower in land I once
intended to give her deceased husband also pay to my grandson, John W. Womack one
hundred and sixty six pounds 13/4 which sum I give him and his heirs forever in lieu of
land I once intended to give his deceased father. Item all the rest and residue of my estate
of every description whatever I give and bequeath of my seven children to wit. Sally
Womack, William W. Womack, Nancy Powell, Charles Womack, Bird Womack, Judith
Barksdale and Polly Sydnor to them and their heirs forever to be equally divided among
them share and share alike it is my desire that upon the decease of my wife no part of my
estate shall be sold by my executors except my land as before directed and that the same
be divided in hand among my said seven children or their heirs as near as circumstances
will permit and in case my said seven children should not agree among themselves on a
division then it is my desire that they or a majority of them choose three disinterested
men for that purpose which three men then chosen shall divide the same in seven equal
parts or near as the case will permit. And all at once part to each of my said seven
children and incase of the death of either of my said seven children them there paid to
their heirs the division thus made and allotted shall be as binding as though it had been
made by order or decree of the court. To prevent misconstruction ii is not my intention to
prevent my executors in the lifetime of my wife from making sale of every part of my
perishable estate which may not be of use to her and subject to waste. Lastly I do hereby
constitute and appoint my son-in-law Beverly Barksdale and my son William W.
Womack executors of this my last will and testament herby revoking all other or former
wills or testaments by me heretofore made. In witness whereof I have hereunto set my
hand and affixed my seal this ____day of ____ in the year eighteen hundred and ten.
Charles Womack Sr.
Signed sealed published and declared as and for the last will and testament of the above
named Charles Womack in the presence of
Nathan Hensley
Walter C. Carrington
Thomas Davenport
At a court held for Halifax County the 28 th day of October 1811 the within written last
will and testament of Charles Womack deceased was exhibited in court and proved by the
oaths of two witnesses thereto subscribed and ordered to be recorded. And at another
court held for said county the 25 th day of November 1811 Beverly Barksdale and William
W. Womack the executors named in the said last will and testament of Charles Womack
who made oath thereto according to law, certificate is granted them for obtaining probate
thereof in due form they giving security whereupon they together with Charles T. H___
and Bird Womack their securities entered into and acknowledged their bond in the
penalty of fifty thousand dollars conditioned as the law directs fro that purpose
Teste John Wimbish, Clerk
WILLOF CHARLES W. WOMACK – HALIFAX CO. VA 1851
I Charles W. Womack of the County of Halifax do make my last will and testament as
follows:
I lend to my wife Martha L. Womack my whole estate to be used and enjoyed by her
until the when my youngest son P. D. Womack shall arrive at the age of twenty one. At
which time I direct that such part of my estate shall be assigned her as she would be
entitled to had I died intestate to be held on the same terms as dower and Thinds(?)
I have given to my son William W. Womack and to my daughter Mary L. Vasser as
much as I design giving them and by this will give them no more of my estate.
I give to my daughter Sarah H. Booth the profits from two hundred dollars during her
natural life and at her death the said two hundred dollars to be retained to my estate and
pass as the balance thereof is herein directed to pass.
At the time why my said youngest son shall arrive at the age of twenty one years I give
thw whole of my estate to be equally divided among my five youngest sons to wit:
Henry, Fayeth, John, James and P. Dallas Womack, except the thirds aforesaid which at
that time I have direct to be laid off to my wife Martha L. Womack if she be living and
the said two hundred dollars to be and for my said daughter Sarah H. Booth if she be
living and at the deaths of my wife and daughter Sarah respectively I direct her thirds of
my lands and slaves and the said two hundred dollars to be likewise divided among my
said five youngest sons. Should my said daughter Sarah die first I direct the said two
hundred dollars to be considered as part of my estate as if the same were land or slaves
till the death of my said wife and so used by her.
Lastly I do hereby constitute and appoint my said wife, Martha L. Womack executrix to
this my last will and testament signed by me this 12 th day of December 1851.
Charles W. Womack
The above will was acknowledged in our presence we being in each others presence and
we witnessed the same by subscribing our names in the presence of the testator
Woodson Hughes
Edwin R. Farrell
W. T. Bailey
At a court held for Halifax County the 25 th day of August 1856 the within written last will
and testament of Charles W. Womack deceased was presented in Court and proved by the
oaths of two witnesses thereto subscribed and ordered to be recorded. And at another
court held for Halifax county the 27 th day of October 1856 – For reasons appearing to the
court is ordered that the estate of Charles W. Womack deceased be committed to the hand
of William W. Breedlove, Sheriff for administration according to Law.
Teste Wm. S. Holt,Clerk
Will of William W. Womack – Halifax Co. , VA May 13,1853
I William W. Womack of the county of Halifax being of sound mind and memory do make an publish this my last will and testament in manner and form following to wit:
First – I desire my executors hereinafter named shall pay all my just debts if any there be as soon after my death as convenient.
Secondly – I give and bequeath to my beloved wife all my household and kitchen furniture to dispose of as she my think proper. I also give to my said wife my riding horse.
Third – I give and bequeath to the children of Ione (?) White all the property and estate conveyed to me by the said Ione White.
Fourth – I give to be beloved wife Susan S. Womack the following slaves to dispose of as she may think proper to wit: Negro woman Nancy and her four children to wit: Jack, Caroline, Walter and Comolin – A Negro woman named Eliza and her four children to wit: Sally, Lewis, Cynder and Solomon – A Negro woman named Winney and her two older children to wit: Siller and Kipley – a Negro man called old Isaac.
Fifth – I direct my executors hereinafter named to keep all the balance of my estate together and manage the same for the benefit of my estate during the natural life of my said wife and I direct all the profits and interest arising from my said estate shall be kept at interest during the lifetime of my said wife – it being my wish and desire that my plantations shall be kept up and worked and my Negroes kept together as they are now kept till the death of my said wife – but I hereby fully empower my executors to sell any of my Negroes that they may think proper and to place the proceeds of such sale at interest till the death of my wife – My said executors are also at liberty to hire out any of my Negroes that they may think proper. It is my wish and desire that my said wife Susan S. Womack shall reside at my present residence and enjoy my estate during her natural life as she has lived and enjoyed since our marriage.
Sixth – At the death of my said wife, I direct that all my estate not hereinbefore disposed of, together with all the interest and profits that may have accrued thereon (except my real estate) shall be divided into six equal parts and I give and bequeath on sixth part thereof to my son Charles W. Womack and his heirs forever. I give and bequeath to my daughter Mary Vasser widow of Elijah H. Vasser deceased – one other sixth part thereof. I give and bequeath to my daughter Agness Powell wife of John W. Powell on other sixth part thereof. I give to my daughter Ann Pope one other sixth part thereof. I give to the children of my deceased daughter Elizabeth Womack late of Prince Edward County one other sixth part thereof and I give and bequeath to my grandchildren John L. Lovelace, James L. Lovelace and Mary White wife of William White the remaining sixth part thereof.
Seventh – at the death of my said wife I give and devise all my land to be equally divided between my daughters Mary Vasser, Agness Powell, Ann Pope, the children of my deceased daughter Elizabeth Womack, John L. Lovelace, James L. Lovelace and Mary White wife of William White. That is to say Mary Vasser, Agness Powell and Ann Pope are each to have one fifth part thereof, the children of my deceased daughter Elizabeth Womack to have one fifth part thereof and John L. Lovelace, James L. Lovelace and Mary White are to have one fifth part there of to be divided between them.
Eighth – I direct that there shall be no Inventory or appraisement of my estate after my death but that things shall remain just as they are now, and I direct that my grandson John L. Lovelace and his family shall reside with my said wife and that he shall manage my estate as he now manages it and that he and his family shall be supported out of my estate and that he shall be allowed annually a liberal compensation in addition for his attention to my este, till the death of my said wife.
Ninth – My daughter Ann Pope has in her possession one Negro man Chester which I purchased from her husband’s estate. My wish and desire is that she retain that Negro – that it is not to be considered as any part of my estate unless she makes a claim upon my estate on account of the sale of her husbands estate and the event she makes any claim upon my estate on that account, then I desire my executors to take possession of Chester and treat him as part of my estate.
Tenth – it is my wish and desire and I direct my executors to provide for my daughter Ann Pope a comfortable dwelling upon my land and that she and her children be permitted to remain upon the same during the life of my said wife – and I direct that they provide the said dwelling convenient to raod and water and that she and her children Elizabeth and Alexander be allowed to cultivate as much of my land (at such place as my executors may direct) as she and they with what force they can command may desire to cultivate and it is my desire that she shall not be charged any rent for the use of the said dwelling and land.
Lastly – I nominate, constitute and appoint my grandsons John L. Lovelace and James L. Lovelace and my friend William White my executors, to execute this my last will and testament and having full confidence in the honesty and integrity of the said John L. Lovelace, James L. Lovelace and William White, I hereby request that they and each of them may be permitted to qualify as my executors without being required to give security as such.
In witness whereof I have hereunto set my hand and seal this the 13th day of May 1853
William W. Womack (seal)
Signed sealed and acknowledged to be the last will and testament of William W. Womack in our presence
Bev. Sydnor Jr.
Henry AK Furgusson
Elisha Barksdale Jr.
I William W. Womack do make the following codicil to my last will and testament – whereas my son Charles W. Womack has departed this life since I made, published and executed my last will and testament – therefore I hereby give and bequeath to the children of my said son Charles W. Womack all that part of my estate which I gave and bequeathed to the said Charles W. Womack by my said last will dated 13th May 1853 and hereto attach it being my intention that my said will shall stand as it is written the exception that the children of my said son Charles W. Womack shall have the estate given and bequeathed to the said Charles W. Womack but they are not to take the same until the death of my wife Susan Womack and to avoid any misunderstanding I hereby repeat that I give and bequeath to the children of my said son Charles W. Womack at the death of my wife Susan Womack one sixth part of all my estate except my land and herby revoke so much of my said will dated 13th May 1853 as gives any part o f my estate to the said Charles W. Womack and should any of the children of my said, Charles W. Womack be now dead leaving child or children or should any of the children of my said Charles W. Womack die before my said wife Susan Womack it is my will and desire that he child or children of such deceased child or children of nay of the children of my said son Charles W. Womack as my now be dead or may die before may die before my said wife, shall take such part of my estate bequeathed and given to the children of my said Chalres W. Womack as their father or mother would be entitled to if they were living at the time of the death of my said wife Susan Womack.
Witness my hand and seal this the __ day of ______ 1856 (seal)
Signed sealed and published by William W. Womack on our presense as a codicil to the last will and testament of the said William Womack we all there being present together at the time of signing sealing and publishing the same.
I William W. Womack of the county of Halifax do make this codicil to my last will and testament executed the 13th May 1853.
Item First, I revode so much of my said will as bequeaths and devises any part of my estate to my daughter Agness Powell wife of John H. Powell and I hereby give the same to the children of the said Agness Powell to be equally divided between them, I intend to include all her children, whether by her first husband George Nasser or her present husband John H (W?) Powell- I mean that the children of my said daughter shall take the legacy left to her by my aid will and if any of her children be dead at the time of the death of my wife I desire that the descendants of such as my be dead shall take that portion that their father or mother would be entitled to if living.
Item 2nd, I revoke so much of my said will as gives to my son Charles W. Womack any portion of my estate and I hereby give to the children of my said son Charles W. Womack that portion of my estate given to the said Charles W. Womack by my said will and I desire that in dividing the ame that William Womack son of said Charles W. Womack and Sarah Booth shall receive enough of that portion of my estate hereby given to the children of Charles W. Womack as shall make each of them equal in amount to what their brothers and sisters received from the estate of my son Charles W. Womack and then the balance to be equally divided between all the children of my said son Charles and if any of them be dead at the time of the death of my wife it is my desire that their descendants shall receive that portion that their father or mother would be entitled to if living.
Item 3rd – I give to my beloved wife Susan S. Womack the following slaves in addition to those given her by my will aforesaid – namely Peter and his wife Lizzie, Ester, Loretha, Nancy and Stewart to her and her heirs forever.
Item 4th – by my said will I direct that my grandson John L. Lovelace shall have a liberal compensation annually for attending to my plantation affairs, I hereby declare that he shall receive four hundred dollars annually for his services and that himself, his wife and children shall be supported out of my estate during the life time of my wife Susan L. Womack. I herby declare this to be a codicil to my last will and testament executed the 13th day of May 1853 witness my hand and seal this the 16th day of December 1857.
William W. Womack (seal)
Signed sealed and acknowledged in presence of Elisha Barksdale Jr. and H.A.K. Ferguson both being present at the same time.
At a Circuit Court held for the county of Halifax on the 1st day of May 1860 – The written writing purporting to be the last will and testament of William W. Womack, deceased, bearing the date the 13th day of May 1853, with a codicil thereto having date the 16th day of December 1857 was presented in court by John L. Lovelace one of the executors therein in order to be proved – but for reasons appearing to the court it is ordered that further proceedings as the probate be continued to Monday next – 6th day of the present term.
And at another day to with at the same court continued and held for said county on the 6th day of May 1860 – the within last will and testament of William W. Womack deceased bearing date the 13th day of May with a codicil bearing date the 16th day of December 1857 was again presented in court by John L. Lovelace one of the executors therein named for probate. Whereupon the said will was proved by the oaths of Beverly Sydnor Jr., Henry AK Furguson and Elisha Barksdale Jr. the subscribing witnesses thereto and the said will and codicil were ordered to be recorded. And on the motion of the said John L. Lovelace who made oath thereto according to law and entered into and acknowledged a bond in the penalty of one hundred thousand dollars (without giving security as requested by the testator) conditioned according to law certificate is granted him for obtaining probate of the said will in due form, liberty being reserved to the other persons named as executors to join in the probate when they shall see fit.
Teter James Medley Jr. Clerk
Know all men by these present, that I John L. Lovelace am held and firmly bound unto the Commonwealth of Virginia in the just and full sum of one hundred thousand dollars to the payment wereof , well and truly to be made, I bind myself, heirs, executors and administrators, firmly by these present, sealed with my seal and dated this 7th day of May one thousand eight hundred and sixty – The condition of the above obligation is surety that if the said John L. Lovelace Executor of the last will and testament of William W. Womack deceased shall faithfully the duties of the truest seposed in him by the said will then the above obligation to be void, otherwise to remain in full force and virtue. Sealed and delivered in open court.
John L. Lovelace (seal)
James Medley Jr. Clerk.
At a Circuit Court continued and held for the county of Halifax on the 6th day of May 1860. the within bond was entered into and acknowledged according to law and ordered to be recorded.
Teste James Medley Jr. Clerk
WILL OF ALLEN W. WOMACK – PITTSYLVANIA COUNTY, VA 1880
(Will Book 3 Page 244)
I Allen W. Womack of the County of Pittsylvania Virginia do hereby make my last will and testament.
First, I desire all my debts to be paid.
Second, I give to my wife Anabella during her life, the tract of land on which we now reside containing by a survey and plat made by Rickard Parker 6th March 1873, six hundred and thirty five acres, excepting there from a tract of forty four and ¼ acres described in a plate made by H. Eaton Coleman November 1879, which tract of 44 ¼ acres are hereinafter disposed of. I give to my said wife during her life the profits of one fourth of the mill owned by myself and my son Charles A. Womack, also any two of my mules or horses she may elect, such of my household and kitchen furniture, gear for two horses or mules, plantation implements and cattle as she may choose to take and all of my hogs. I hereby relinquish and give to here in fee all the property which she owned at her marriage with me and which may be in my possession. But the right of my said wife to the homestead, above devised, is subject to the reservation of the two rooms of the dwelling house, now occupied by Charles A. Womack and family, which two rooms are to be occupied by the said Charles A. Womack and family as long as they choose.
Third, at the death of my wife I give the aforesaid tract of land devised to her for life to my son Charles A. Womack.
Fourth, I give to my daughter Bettie A. Carter wife of George A. Carter, one fourth, being one half of my interest in the mill owned by myself and my son Charles, and at the death of my wife I give to my said daughter, Bettie A. Carter , the one fourth of the said mill which I have given to my wife for life embracing all of my interest in said mill which is one half to the said Bettie A. Carter and her children.
Fifth, I give to George A. Carter and Allen Carter sons of my daughter Bettie A. Carter a tract of land lying on Whitehorn creek, below the mill and supposed to contain one hundred and fifty acres being the same more or less embracing all the land below the mill which is not embraced in the land devised to my wife for life and the tract of 44 ¼ acres hereinafter devised to them or their survivors.
Sixth, I give the tract of 44 ¼ acres on which the mill is located and which is described by a plat made by H. Eaton Coleman November 1879 and is a part of the six hundred and thirty five acres hereinbefore devised to the persons to whom I have given the mill to wit - one half to my son Charles A. Womack, who owns half the mill, one fourth to my wife for life, one fourth to Bettie A. Carter and her children and at the death of my wife the one fourth held by her to my said daughter Bettie A. Carter and her children which portion of the mill and land attached of 44 ¼ acres I give to my said daughter Bettie A. Carter during her life and at her death to her children.
Seventh, I give to my daughter Emma Moon as her sole and separate estate free from all control of her husband during her life a tract of land lying on Shoccoe Creek, called the Johnson Adams tract and bought by me of John Adams suppose to contain one hundred and fifty acres be the same more or less and on the death of said daughter, Emma I give the tract of land to her son Allen P. Moon and if the said Allen P. Moon should die before he attains twenty one years I give said land at the death of their mother to the sister of said Allen P. now living.
Eighth, of the tract of land hereinbefore given to George A. and Allen Carter I except a mill seat thereon which I give to the persons to whom I have given the mill.
Ninth of the residue of my estate including my interest in the estate of my deceased brother Charles Womack of Kentucky I give one thousand dollars to my son Thomas Womack and the balance equally to my wife and children Thomas, Charles A, Emma Moon and Bettie Carter. The portion coming to my said daughter Emma Moon I give to Charles A. Womack in trust for the sole and separate use of said Emma Moon during her life with authority to said trustee to apply so much of the interest or principal as may be proper in his discretion to the support of said Emma and her children or to their education and at the death of said Emma I give all of said fund which may remain to her children. I appoint my sons Charles A Womack and Thomas Womack my executors
Allen W. Womack (seal)
Attested by us all present with each other and testator
S. T. Maustain
Walter Coles
George W. Wooding
At a county court held for the county of Pittsylvania on the 15th day of March 1880 the last will and testament of Allen W. Womack deceased was proved by the oaths of Walter Coles and George W. Wooding two of the subscribing witnesses thereto and is ordered to be recorded. And on the motion of Charles A. Womack one of the executors therein named, who made oath thereto and together with George W. Wooding and William R. Fitzgerald his securities who made oath to their sufficiency entered into and acknowledged a bond in the penalty of six thousand dollars conditioned as the law directs, certificate is granted him for obtaining a probate of the said will in due form. Thomas Womack the other executor in the said will named appeared in court and refused to qualify.
]
teste, W. B. Shepherd, Clerk
WILL OF BIRD WOMACK – PITTSYLVANIA COUNTY, VA – 1822 - BOOK 1 PAGE 39
In the name of God Amen, I Byrd Womack of Pittsylvania County being weak of body but of perfect mind and disposing memory call to mind the uncertainty of life and the certainty of death and knowing that it is once appointed unto all me to die do make this my last will and testament as follows:
First I give my soul into the hands of Almighty God who gave it and my body to the earth to be buried in a decent and Christian like manner, not doubting but I shall receive both soul and body reunited in the morning of the resurrection by the mighty power of god. And such worldly goods as it has pleased got to bless me with in this life after the payment of all my just debts which it is my will an desire should be first paid. I give and bequeath in the following manner to wit:
I lend to my beloved wife Rebbeccah Womack the following slaves: Telpha, Chance, Emanuel and Banister, also one third part of the tract of land whereon I now live. I also give to her all my household and kitchen furniture to dispose of as she may think proper and also all my stock of every kind to be at her disposal.
I give and bequeath tomy two sons Charles W. and William H. Womack all the remainder of my lands to be equally divided between them also the one third as above lent and also my mill when my youngest child shall become of lawful age or marry until then it is my will and desire that the said mill remains for and in the use of my family which I give to them and their heirs forever.
It is my will and desire the balance of my of my slaves except my Negro woman Sandy who it is my will and desire should be sold for the payment of my debts should be equally divided between my six children, which I give to them and their heirs forever and the slaves above lent to my wife at her death I give and bequeath as those above having disposed of all my estate both real and personal I constitute ordain and appoint my above named wife executrix and my son Charles W. Womack Executor this my last will and testament. Having full confidence in their probity, honesty and good demeanor. I will wish and desire that they may not be bound to give security for their performance but that they may be allowed to act without hereby revoking renouncing disannulling and making void all and every other will or wills and testaments I do pronounce an declare this to be my last will and testament. In witness whereof I have set my hand and seal this 16th day of December 1822.
BYRD WOMACK (SEAL)
Signed sealed delivered pronounced and declared in presence of
William Hall
John Shaw
Robert Easley
At a court held for Pittsylvania County the 21st day of April 1823 this last will and testament of Byrd Womack deceased was exhibited in court and proven by the oaths of three subscribing witnesses – and ordered to be recorded And on the motion of the executrix and executor in the said will named who made oath according to law – certificate is granted them for obtaining probate of the said will in due form – without security according to a provision therein.
Will Tirnstall
WILL OF ELIZABETH A. WOMACK – PITTSYLVANIA COUNTY , VA 1886
In the name of God Amen I Elizabeth A. Womack of the county of Pittsylvania in the State of Virginia, being of sound mind and disposing memory do make this to be my last will and testament as follows:
First, I give and bequeath to my daughter Laura J. Womack the tract of land whereon I now reside containing about 200 acres be the same more or less, one buggy and harness, my stock of hogs and sheep and my crop of tobacco now on hand and one half of my household and kitchen furniture, plantation tools ½ also, on the following conditions that she the said Laura J is to take care of my daughter Sallie B during her natural life, to furnish her a home diet and clothing and make her comfortable as she can during life.
Second, I give and bequeath to my tow sons, John and Archer Womack my wagon and carryall, all of my horses and cattle, one half of my household and kitchen furniture and ½ of my plantation tools.
Third, I hereby appoint my brother William H. Powers Executor of this my last will and testament and request the Court to require no security of him whatever, and I hereby revoke any and all wills made by me at any time heretofore.
Witness my hand and seal this the 3rd day of May 1886
ELIZABETH A. WOMACK (SEAL)
Signed Sealed and acknowledged by Mrs. Elizabeth A. Womack in our presence and in the presence of each other and we in her presence and at her request subscribe our names as witnesses
WILLIAM H. C. WALROND
R. M. KIRBY
At a County court held for the County of Pittsylvania on the 19th day of July 1886. The last will and testament of Elizabeth A. Womack, deceased was proven by the oaths of W. H. C. Walrond and R. M. Kirby tow of the subscribing witnesses thereto and is ordered to be recorded. And on the motion of W. H. Power the executor therein named who made oath as to his sufficiency entered into and acknowledged a bond in the penalty of three hundred dollars conditioned according to law, certificate is granted him for obtaining probate of said will in due form. The testatrix requesting the Court not to require security of the said Executor
W. B. Shepherd, Clerk
WILL OF MARY WOMACK – CHESTERFIELD COUNTY, VA 1750
In the name of God Amen, the 23rd Day of July in the year of our Lord Christ one thousand seven hundred an fifty. I the Subscriber being very sick and weak but in my prefect senses blessed God for it and therefore calling to mind the mortality of my Body and knowing that it is appointed for all Men once to Die do make and ordain this my last Will and Testament that is to say Principally and first of all I recommend my Soul into the hands of God that gave it trusting in Me Merits of my Blessed Savior Jesus Christ I shall receive the same by the mighty Power of God. And touching such Estate asit has been Please God to bless me with in this World I give devise nad dispose of the same in the manner and form following Imprinnis (?)
I give and bequeath to my beloved son Francis Womack my feather bed and bolster and a rug and a pair of sheets whereon I now lie sick and my large Table and my large Torn Poot (?) and a large Peuiter Dish and a large Basin and 2 Peuiter Plates.
As Also I give to my two sons Francis and Thomas Womack nine Chattel to be equally divided between them.
Also I give to my son Francis my Negro Woman named Matt, also I give to my son Thomas my hand mill and to my son Francis my grind stone.
I also give to my son Thomas my chest and also one Torn Poot and a large Kettle and one branded Dish and one Basin and 3 plates and a spice mortar and my brass candlestick and my horse if he be found and two leather chairs and two rush chairs.
And to my son Francis one leather chair and four rush bottom chairs and to my son Thomas on tin candlestick.
Also, I lend to my daughter Judy a feather bed and bolster and give her all my wool as I have in the house except a pound and I give to my daughter Sarah Rise my new Virginia cloth wooling gown and my new quilted petticoat and a pear of bodeses (?) and my newest holland apron and handkerchief and a cap and my Permeter Hat and no more.
Also I give to my daughter Elizabeth Hatchett my English gown and a Holland apron and handkerchief and no more
And to my daughter Mary Nan I give my blue Virginia cloth wooling gown and my new straw hat and on of my new aprons made of cotton and linen and no more.
And to my daughter Martha Roberts I give my new striped Virginia cloth gown all cotton and two Virginia cloth aprons of cotton and linen and no more.
And all the rest of my wearing clothes I give to my daughter Judy both lining and wooling and also my side saddle and no more.
And fo my three sons Abram and Isham and William I give each of them one shilling apiece and no more.
Memorandum of ye bed as I have let to my daughter Judy is but for two years and then return to my two sons Francis and Thomas to be equally divided between them with ye bolster and ye rug and sheets and blanket for Thomas my son. And for everything that I have not mentioned is to be equally divided amongst them all as lives here with me.
Whereunto I make and ordain my tow sons Francis and Thomas Womack my whole and sole executors of this my last will and testament given under my hand the day and year first writ.
Mary Womack (L. T.)
Sealed Signed and delivered in the presence of William Graves, Thomas (his mark) Frankly and William Walford.
WILL OF WILLIAM WOMACK – PITTSYLVANIA COUNTY, VA - NOV 1, 1849
In the name of God, Amen. I, William Womack of the County of Pittsylvania and State of Virginia, Knowing that it is allotted for all men to die, and being of sound mind and disposing memory do on this 1st day of November in the year of our Lord, one thousand eight hundred and forty nine, do hereby make, constitute and ordain this as my last will and Testament hereby revoking all former wills by me heretofore made in manner and form as follows, to wit:
First – I commend my soul to almighty God, who gave it, and my body to the earth from whence it came, to be buried in a decent Christian manner.
Second, I direct my Executor and Executrix to pay all my just debts as soon after my decease as it can be conveniently done.
Third, I devise to my beloved wife Martha Womack during her life, all of my mansion tract of land together with all and singular the appurtenances thereto belonging or in any wise appertaining which said tract of land is composed of several contguous tracts or pieces of land which I obtained from my late Father Allen Womack, William Irby, Landsdown, Duprey and Williams, also tow other small tracts of land not exactly adjoining the above land which I purchased of Owen and Charles Irby the whole supposed to contain some fourteen or fifteen hundred acres. The before mentioned lands my will and desire is that my beloved wife, Martha shall give to any two or more of my blood relations on the Womack side, that she may think proper, except to any of my brothers, sisters or their descendants, as it is my desire that neither my brothers, sisters or their descendants shall ever own, possess or enjoy any part of said Lands before mentioned.
Fourth, I devise to my beloved wife Martha Womack in fee simple to dispose of in any form, manner or shape she may desire, without any restrictions whatever the following personal and perishable estate to wit: one Negro man Billy, Barnaba, (sometimes called Burnell), Soloman, Moses, Manser, Abner, Lewis, Stephen, Elinizes, one woman, Hannah, Rhoda, Lucinda, Hariette, Ester, Ceily and Jand and their future increase, also my four wheel riding carriage and harness, wagons , and carts, seven horses that she may select out of my stock, all of my stock of cattle, sheep and hogs, all of my house hold and Kitchen furniture, plantation utensils of every sort and description, Black Smith tools, Grist mill furniture and apparatus and books of every description to her and her heirs forever. I further give to my beloved wife Martha Womack all of my crop of every description together with all possessions I may have on hand at my death except my crop of Tobacco prized and unprized, some of which is now in Lynchburg and my crop of wheate on hand. The Tobacco and wheat aforesaid to be sold and the proceeds arising from such sale, one half of which I devise to her and her heirs forever.
Fifth, I devise to my beloved wife Martha Womack during her natural life my grist mill and all the lands I own below the road and at her death I hereby give and bequeath the aforesaid Mill and tract of land below the road to my Nephew, James Witcher (son of my Niece Paulina Witcher) to him and his heirs forever.
Sixth, I devise to my beloved wife, Martha Womack during her natural life the tract of land I purchased of Joseph Slagton, being a part of the Clopton tract and at her death I give and bequeath the aforesaid tract of land to Joshua Hightower an his heirs forever
Seventh, I devise to my beloved wife, Martha Womack during her natural life the following negor slaves to wit: Ann, Nancy, Ellen, Henry, old Sarah, Jefferson, Archer, Frank, Sam, Mary and her child Peter, Tom, Jack, Pernella and her infant child name unknown, Kate, Dolly , Ricky, George, Dorcy and old John, which said twenty one negor slaves it is my will and desire at the death of my said wife, shall be together with their future increase, be divided into eight equal lots which said eight lots of slave I give and bequeath to William Womack (son of Charles Womack of Halifax) to the living children of Mrs. Jeramiah White (of Halifax) , William S. Guthrie grandson of Lillius D. Womack of Prince Edward, to John Watson, oldest son of Elizabeth Watson, to James Witcher, son of Paulina Witcher, to Elizabeth Watson, wife of Jedabod T. Watson, to Paulina Witcher, wife of Nathaniel Witcher to them and their heirs forever.
Eighth, I devise to my niece Elizabeth Watson, wife of Jehabod T. Watson, my tract of land known as the Mcdowell Tract also to my said niece Elizabeth Watson, wife of Jehabod T. Watson the following negor slaves, Louisa and her two children, Jesse and Fanny, Jim, Phebe, and Matt and my buggy and harness the aforesaid land , Negroes and their increase, buggy and harness to her and her children forever.
Ninth, I devise to my niece, Paulina Witcher, wife of Nathaniel Witcher the following, Negro salves, to wit: Amy and her three children, Isaac, Jack and Rand and Monon, Sarah and Betsy, together with their fture increase to here children forever.
Tenth, I devise to my friend Henry W. Barksdale the sum of five hundred dollars to be paid to him by my hereinafter named Executor and Executrix immediately after my death.
Eleventh, I devise to my relative William S. Guthrie, grandson of Lillius D. Womack of Prince Edward in order to aid him in obtaining an education the sum of two hundred and fifty dollars to be paid to him by my hereinafter named Executor and Executrix up the demand of his guardian.
Twelth, I devise to my relative, Mrs. Paulina Hogshead, wife of William H. Hogshead of Campbell, to be paid to her by my Executor and Executrix hereinafter named immediately upon my death the sum of two hundred and fifty dollars.
Thirteenth, I devise to William Hightower son of Joshua Hightower my five shares of Richmond and Danville Rail road Stock, my executor and executrix paying the requisitions out of any money belonging to my estate s they may be called for, to him and his ehers forever.
Fourteenth, I devise one half of my saw mill and the land above the road to my beloved wife Martha Womack during her natural life and at her death I give and bequeath the half of the mill and land contained in this clause to Joshua Hightower and his heirs forever.
Fifteenth, I devise to Joshua Hightower the other half of the sawmill and the land above the road to him and his heirs forever,
Sixteenth, I devise to my beloved wife Martha Womack during her natural life the tract of land I own on the Mountain known as the Mountain or Harris Tract and at her death I give and bequeath the tract of land mentioned in this clause to Joshua Hightower and his heirs forever.
Seventeenth, I desire that my beloved wife Martha Womack shall …missing (something about a mill)
Eighteenth, I devise to my beloved wife, Martha Womack and to her heirs and assigns forever all legacies and lapse legacies as well as all other property or estate of every kind in which I am now or may hereafter become intrusted, which may not have been enumerated in this my last will and testament or which may have been omitted to be bequeathed.
Nineteenth, I do hereby ordain constitute and appoint my friend Joshua Hightower, Executor and my beloved wife Martha Womack Executrix to my last will and testament, I also desire and request that should my wife aforesaid desire to qualify as Executrix to this my will that the county court of Pittsylvania will allow her to do so without giving security unless for circumstances hereafter satisfaction to them.
In witness whereof I have hereto set my hand and seal the day and year aforesaid,
WM WOMACK (SEAL)
Signed sealed and acknowledged in presence of
(the erasure of the item of two thousand dollars in the fourth clause ws done before signing and acknowledging this will)
Chesley Martin
James Baynes
Joseph Woodson Jr.
Coalman D. Bennett
Codicil to his my last will made this 1st day of November 1849. I devise to Mildred Bennett Daughter of Coalman d. Bennett one hundred and fifty dollars to be paid to Coalman D. Bennett for her benefit by my Executor and Executrix named in my will of this day and date. Witness my hand and seal this day and date herein written .
WM WOMACK (SEAL)
Signed and Acknowledged in the presence of
Chesley Martin
James Baynes
Joseph Woodson Jr.
At a court held for the County of Pittsylvania the 17th day of December 1849 – this last will and testament of William Womack Decd. Together with a codicil thereto annexed was presented in court and proven by the oaths of Chesley Martin, Coalman d. Bennett and the said codicil by Chesley Martin and James Baynes and thereupon the said will and codicil was ordered to be recorded and on the motion of Joshua Hightower the Executor therein mentioned who made oath and with Banister Anderson, Henry W. Barksdale, John S. Hightower and Richard M Kirby Jr. his securities entered into and acknowledged a bond in the penalty of fifty thousand dollars conditioned as required by Law Certificated was granted him for obtaining probate of said will in due form and liberty is reserved to the Executrix to join in the probate when she shall think just.