Wednesday, February 18, 2009

Land of Thomas Womack & Mary Farley

Land of Thomas Womack & Mary Farley

This is an essay about how Thomas Womack who married Mary Farley got the land he lived on, and how it was divided between his 5 sons.

20 Oct 1691 – VA Patent Book 8, p.172 – 879 acres to Mr. John Worsham, Mr. Edward Straton [Stratton] and Abraham Womack on Swift Creek.

Thus, Abraham Womack’s share was 293 acres (one third of 879).

15 Aug 1699 – Henrico County, VA Will & Deed Book 1697-1704, p.147 – Mr, John Worsham and Mr. Abraham Womack Sr. of Henrico to Edward Stratton son of Edward Stratton lately deceased, our right in 1/3 part, or 293 acres, on north side of Swift Creek, called “Coldwater Run”.

Thus, Abraham Womack’s share was still 293 acres (one half of the remaining 586 acres).

1704 tax list of Henrico – Abraham Womack with 560 acres.

NOTE: Abraham’s land was in two tracts, one with 293 acres, and the other with 269 acres, for a total of 562 acres. I will write another essay on the 269 acres (which went to Abraham’s son, Abraham Womack, Jr.), though it should be noted here that 200 acres of the 269 was granted to Abraham twice (Patent Book 8, p.216; and Patent Book 9, p.161); this was a fairly common practice and a way of re-affirming that the colonial government knew who owned what land.

1 Apr 1708 – Henrico County, VA Will & Deed Book 1706-1709, p.89 - Edward Stratton of Henrico and wife Anne to John Worsham and Abraham Womack Sr. of Henrico, 293 acres on north side of Swift Creek, Coldwater Run; land is 1/3 part of patent to Capt. John Worsham, Abraham Womack and Edward Stratton deceased, and the 293 acres sold by Womack & Worsham to Stratton on 15 Aug 1699.

Thus, Abraham Womack’s share was 439.5 acres (half of 879)

1 Feb 1709 (recorded as 1 Feb 1708, but this was Old Style year) - Henrico County, VA Will & Deed Book 1706-1709, p.134 – Abraham Womack for love and affection to son Thomas Womack, all my land on Coldwater and Swift Creek, 400 acres.

NOTE 1: This was actually not 400 acres (though that is what the deed says), but rather 439.5 acres.

NOTE 2: This deed was incorrectly transcribed by Benjamin B. Weisiger as “Abraham Womack Jr.” to son Thomas Womack. I have a clear photocopy of the original, and it does not say either Jr. or Sr. Abraham’s mark he used to sign was the same he used to sign earlier documents, and the same sign he made on his 1733 will; whereas his son, Abraham Womack, Jr., signed his name.

Thus, Thomas Womack (married to Mary Farley) owned 439.5 acres.

31 Jul 1712 – Henrico County, VA Will & Deed Book 1710-1714, p.154 – Thomas Womack and wife Mary of Henrico to Richard Grills of same, 36 acres on north side of Swift Creek, part of patent to Capt. John Worsham 20 Oct 1691.

Thus, Thomas Womack (married to Mary Farley) owned approximately 403.5 acres.

Signed 24 Mar 1733/ Proved Jan 1734 – Henrico County, VA Will & Deed Book 1725-1737, p.424 - Will of Thomas Womack - note he dated it 24 Mar 1732/1733, meaning 1732 Old Style and 1733 New (modern) Style, and it was recorded Jan 1733, but that was an Old Style year; the New Style year was 1734. Thomas divided land between his 5 sons, with Abraham and William sharing a tract from Licking Branch to Rocky Run, and required to sell out only to one another; Isham and Thomas sharing a tract from Rocky Run to the “head line”, also required to sell to one another; and Francis the remaining part which included the land Thomas Sr. lived on.

Thomas Womack Sr. died with approximately 403.5 acres, so each of his 5 sons got an average of about 80 acres. In reality, Abraham and William got about 80 acres each; Isham and Thomas got about 65 acres each; and Francis got about 100 acres.

1736 Southside Henrico Tax List – the part of Henrico which became Chesterfield County in 1749. Several Womacks including:
1) Abraham Womack “at the bridge”. 3 Levys. Execution of John Hatchett Jr. against you. Quit-rents 80 acres.
2) William Womack [two lines after Abraham Womack, with Judith Worsham in between]. 1 Levy. 320 acres. “Your Mothers debt in the store”.

NOTE 1: There was another Abraham Womack further in the tax list “at the Hundred”, meaning Bermuda Hundred, which was on the James River, which had no bridge at that time, only ferries. The bridge near Abraham Womack “at the bridge” was probably over Swift Creek. Abraham "at the Hundred" was the uncle of the Abraham "at the bridge".

NOTE 2: John Hatchett who had an execution against Abraham was married to Abraham’s sister, Elizabeth Womack.

NOTE 3: Abraham Womack and William Womack had a total of 400 acres, which the approximately 403.5 acres that Thomas Womack Sr. had owned. William Womack’s 320 acres apparently included his own share, as well as those of his brothers, Isham, Thomas, and Francis, who apparently were not yet of age in 1736.

The 1736 tax list supports that Thomas Womack Sr. died with approximately 403.5 acres.

6 Jun 1741 - County, VA Misc. Court Records 1738-1746, p.1146 – William Womack & wife Jane of Dale Parish, Henrico to Abraham Womack Jr. of same, 80 acres on north side of Swift Creek bounded by the Rocky Run, mouth of Swift Creek, & Daniel Worsham, deceased.

NOTE: Abraham Womack (son of Thomas Womack & Mary Farley) called “Jr.” here to distinguish him from his uncle, Abraham Womack, who would have been the oldest Abraham Womack in Henrico Co, VA. William Womack and Jane LNU, his wife, next appear in records of Amelia Co, VA.

Thus, Thomas Womack’s land owned by 4 sons was still at approximately 403.5 acres; with Abraham owning 160 acres of the total.

1 Apr 1745 – Henrico County, VA Will & Deed Book 1744-1748, p.17 - Abraham Womack and wife Jane of Dale Parish, Henrico Co to Henry Winfree of St. John’s Parish, King William Co, 200 acres on north side of Swift Creek, bounded by Daniel Worsham and Rockey Run.

NOTE: Of the 200 acres, 80 were Abraham’s share of his father’s estate, and 80 were what his brother William sold him; I do not know where the remaining 40 acres came from (possibly rounding errors, see notes below). Need to see original deed. Abraham Womack and wife Jane LNU next appear in Amelia Co, VA.

Thus, Thomas Womack’s land owned by 3 sons (Isham, Thomas, Francis) was at approximately 243.5 acres; since Abraham sold 200 acres which included 160 acres of the original 403.5 acres.

25 May 1749 – Chesterfield County formed from the part of Henrico County south of the James River.

1 Oct 1754- Chesterfield County, VA Deed Book 2, p.244 – Isham Womack and Thomas Womack of Amelia Co, VA to Henry Winfree of Chesterfield Co, 130 acres on Rocky Run, Swift Creek.

Thus, Thomas Womack’s land owned by 1 son (Francis) was at approximately 113.5 acres.

5 Jul 1754 - Chesterfield County, VA Deed Book 2, p.173 – Mary Womack and Francis Womack her son of Chesterfield to John Roberts of Chesterfield, 100 acres on Coldwater Run, Swift Creek.

NOTE: We seem to be down to 13.5 acres of the 403.5 acres that Thomas Womack Sr. died with, but really I think that when Francis sold out in 1754, that was the last of Thomas Sr.’s land. I think the 13.5 acres is just several “rounding errors” in several deeds. It could be that the divisions that Thomas Womack, Sr. made between his 5 sons were never surveyed for exact acreage. For example, it could be that the land given to William and Abraham was actually about 173.5 acres, rather than 160 acres; the 80 acres Abraham was taxed for in 1736 was an approximation, as was the 80 acres William sold to Abraham. Abraham may have realized he had slightly more than 160 acres and rounded up (quite a bit) to 200 acres when he sold out.

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