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 to 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 as 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 9th 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 22nd day of June 1863 the paper writing purporting to be the last will
and testament ofAbraham 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 25th 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 4th 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 4th 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 20th
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[transcriber didnt post these]