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 tract 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
date 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)
/html>