Friday, February 27, 2009

Abner Womack of Butler County, Kentucky – 1845 Will

Butler Co, KY Will Book A, p.138-140

Abner Wamack’s Will

In the name of God Amen, I Abner Wamack of the county of Butler and commonwealth of Kentucky do make this my last will and Testament In manner as follows (to wit) Disallowing all Former wills by me heretofore made do make constitute and appoint this my last will and testament In manner and form as follows & c.

1st My soul to God who gave it and my body to the Earth to be buried in a decent manner at the Discretion of my Executor herein after name without pomp or vain Show & c.

2nd All my children and their heirs hereafter named to receive one dollar each viz. James Wamack, Elizabeth Oaley {?}, Margaret Neil Heirs, Lewis Wamack Heirs, Martha L Hargrove, Isabel Hawes, Milly Solomon, Nancy More, Abner Wamack Heirs to be levied out [p.139] of my small mesick {?} that all land North of the beginning of my land be for the youngest son Chapman our {?} corner from my beginning corner till the south west corner of Joseph Forsythe’s old survey and the balance of all land I hold by title to be of any quantity whatever after being laid off afore ably {?} to this division line from my beginning corner a due strait to J Forsythes’s No West corner of his old survey on an elm sapling and high Ridge and whatever balance there may be of all the land I hold title to be the property of Abraham Wamack who I constitute my Executor of this my last will and Testament & Further I will that all my Just debts be punctually paid & made and constituted this [blank] day of [blank] after the sale of my goods In promise of.

3rd I wish to add two more items. I direct that my daughter Milla Sollomon do receive one milck cow out of my estate and further direct that my loom and tackling to them and their heirs forever and further direct that one feather bed one blanket two pillows one sheet one counter pin or bed quilt to my daughter Nancy Moore to her and her children heirs forever. I also give to my grand daughter Eliza Moore one yearling calf to be hers forever the latter clause was added by one of the subscribing witnesses Edw Beeson.

Signed sealed and delivered in presents of us this ninth day of May 1844.

Abner Wamack (seal)

Test
Edw Beeson
Thos Turner


I further direct that after the forenamed legacies {are?} paid that all the balances of my personal Estate I give to my son Abraham Wamack his heirs forever the above clause was added by direction after signing by Edward Beeson May 9th 1844.

[p.140]
State of Kentucky
Butler County Set {?} April Term 1845
I Vincent S Hay clerk of the county court for the county aforesaid do certify that at the April term 1845 of said court the foregoing Instrument of writing purporting to be the last will and testament of Abner Wamack was produced into court and proven by the oaths of Thos Turner and Edw Beeson the two subscribing witnesses thereto and ordered to be recorded whereupon the same together with this certificate is duly recorded in my office. Given under my hand this 23rd day of April 1845.
V S Hay Clk.

Sunday, February 22, 2009

Some Womack Records, Caswell County, North Carolina

My notes in {}.

Caswell County, North Carolina Tax Lists, 1777, 1780, & 1784 by TLC Genealogy

1777, Caswell District {also known as St. Martins District; the north-west quadrant of present-day Caswell Co, NC}
Stubblefield, Wyatt – 1160.0.8 valuation of property (in pounds/shillings/pence)
Womack, Abraham – 587.16.0 valuation

1777, Nash District {also known as Dunsmore District; the north-east quadrant of present-day Person Co, NC}
Womack, David – 1219.6.0 valuation

1777, St. Lukes District {the south-west quadrant of present-day Person Co, NC}
Womack, John – 726.14.11 and as guardian to Tapley, __ - 696.0.0 valuation

1780, Caswell District
Stubblefield, Wyatt – 5416.0.0 valuation
Womack, Abraham – 3493.8.4 valuation
Womock, William – 309.1.0 valuation {William right after Abraham}

1780, Nash District
Womack, David – 3830.0.0 valuation

1780, St. Lukes District
Womack, John – 7189.4.0 valuation

1784, Caswell District
Stubblefield, Wyate – 1 white poll, 5 black polls, 1487 acres, Hogans Creek, 1085.13.4 valuation
Womack, Abram – 0 white polls, 2 black polls, 382 acres, ____ {no location listed}, 327.6.8 valuation

1784, Nash District
Womack, David – 2 white polls, 6 black polls, 800 acres, Cattle Creek, 1066.13.4 valuation

1784, St. Lawrence District {the north-west quadrant of present-day Person Co, NC}
Womack, Abram – 1 white poll, 4 black polls, 305 acres, Storeys Creek, 601.13.4 valuation

1784, St. Lukes District
Womack, John Esq. 890 acres, Flat Creek; 420 acres, Double Creek; 200 acres, Hico Creek; 350 acres, Mayo Creek; 1 white poll, 6 black polls, 1320.0.0 valuation

Caswell County Deeds, Katherine Kerr Kendall

DB B, p.7 – Joshua Browning of CC to Abraham Womack of same, for 247 pounds, 305 a on w side Storey’s Creek adj Roger Atkinson. 1 Nov 1782. Wit: Jno Atkinson, Thos Neeley.

DB C, p.10 – Abraham Womack of CC to Joshua Browning of same, for 247 pounds, 305 a on both sides of Storey’s Creek adj Roger Atkinson. 25 Nov 1784. Wit: Hiram Howard, Jno Atkinson.

Abstracts of Granville County, North Carolina

Court Minutes 1786-1787 – p.46 – Betsey Yancey, Abraham Womack paid as witnesses in case of Wm Neal vs Jno Mitchell.

{The Abraham Womack on Hogan’s Creek was the one married to Elizabeth Stubblefield; this Abraham was present in the Caswell tax lists for 1777, 1780, and 1784. The Abraham Womack on Storey’s Creek in 1784 Caswell tax list was the one married to Martha Mitchell (they married 31 Mar 1763 in Granville Co, NC). He had been in GA in the mid-1770s, then moved back to NC for a few years before returning to GA. He probably married his second wife, Martha Watkins, at this time; she was from Halifax Co, VA, just to the north of present-day Person Co, NC. Abraham’s daughter, Cicely Womack married James Harris McFarland in Caswell Co, NC on 22 Jan 1787. Abraham Womack appeared as a witness in a case against John Mitchell (probably related to his first wife) in Granville Co, NC, which is just east of present-day Person Co, NC. Hiram Howard, who witnessed the deed where Abraham sold his land on Storey’s Creek, was Abraham’s son-in-law, married to his daughter, Lucretia. Although Abraham did not mention Hiram Howard or Lucretia in his will (though he did mention granddaughter Betsey Howard), he deeded a slave to daughter Lucretia Howard in Hancock Co, GA shortly before his death; and Hiram Howard was a witnesses to two deeds of Abraham Womack in Wilkes Co, GA (to son Mansil Womack and son-in-law James Harris McFarland). Hiram Howard left a will in 1821 in Oglethorpe Co, NC naming wife Lucretia. See http://womackhunter.homestead.com/ .}

Saturday, February 21, 2009

Womack Records, Burke County, North Carolina

My notes in {}.

Burke County, North Carolina, Land Records, 1778, Volume I; Abstracted, Compiled and Indexed by Edith Warren Huggins

1778 Land Entries - #782, p.262, James Byers, 200 acres on Crooked Creek of Catawba River, beginning William McCaffertys entry including entry Jacob Womack formerly did live. Entered 3 Sep 1788. Warrant Ordered.
{Crooked Creek off of the Catawba River is in southern present-day McDowell Co, NC, to the south of I-40, near a town called Old Fort; p.54, A-2, on my DeLorme North Carolina Atlas and Gazetteer.}

1778 Land Entries - #1355, p.447, Thomas Wommock, 200 acres on Tomes Creek about a mile above mouth, beginning John McDowells, up for complement. Entered 29 Dec 1778. Not paid. Warrant Issued. Transferred to George Little (?).
{Tomes Creek is actually (I think) Toms Creek, a tributary of the Catawba River, in north-central present-day McDowell Co, NC; it is near a town called Toms Creek, a few miles north of Marion; p.32, C-3, on my DeLorme North Carolina Atlas and Gazetteer.}

1778 Land Entries - #1373, p.453, William Wofford, 125 acres including junction with Turkey Cove fork and north fork of Catawba River, formerly owned by William Wommock. Entered 29 Dec 1778.
{I cannot find Turkey Cove fork, but there is a Turkey Cove Valley through which flows North Catawba River, and Turkey Cove Baptist Church, near Woodlawn, a few miles north of Marion, in north-central present-day McDowell Co, NC; ; p.32, C-3, on my DeLorme North Carolina Atlas and Gazetteer.}

Burke County, North Carolina, Land Records, 1779-1790, and Important Miscellaneous Records, Volume II; Abstracted, Compiled and Indexed by Edith Warren Huggins

1779-1791 Land Entries - #1803, p.599, Thomas Brady (also Bradly), 300 acres on Second Broad river including both sides of the river “and a Shole and Womacks old place for complement.” Entered 25 Nov 1778. Thomas Bradly 300 acres.
{John Bradley Will, Tryon Co, NC, Written 24 June 1778, Proved Oct 1778, mentions 400 acres of land lying near “Wommacks fort” in Burke County.}
{Second Broad River is in south-central present-day McDowell Co, NC; it is crossed by “Old Fort-Sugar Hill Road”; p.54, A-4, on my DeLorme North Carolina Atlas and Gazetteer.}

1783-1785 Land Entries - #133, Jacob Womach, 400 acres on west side of French Broad River in forke of the first creek that falls into said (river) below Hominy Creek including both forks and large cain brake for complement. Entered 10 Oct 1783. Transferred to James Greenlee and James Davidson. Transferred to James Greenlee by Said Womack.
{Hominy Creek of French Broad River is in central present-day Buncombe Co, NC, just west of Asheville; p.53, A-5, on my DeLorme North Carolina Atlas and Gazetteer.}

1783-1785 Land Entries - #198, James Greenlee, 200 acres on north side French broad River, beginning William Whitson’s lower line, down river for complement. Entered first by Jacob Womack the 30th of Augt. 1783. (Undated)
{Probably in present-day Buncombe Co, NC.}

1783-1785 Land Entries - #216, Richard Hailey, 120 acres both sides of Glady Creek including improvements where Jacob Womack lived. Entered 15 Apr 1785.
{Possibly, Glady Creek is Glades Creek, a tributary of the Catawba River, in south-central present-day McDowell Co, NC, a couple miles SW of Marion; p.32, D-3, on my DeLorme North Carolina Atlas and Gazetteer.}

#75, Jacob Womack, 100 acres on the rock creek W. fork of Second Broad River one mile above mouth, beginning pine on South Side Creek, up both Sides Creek including his improvement for complement. 20 July 1787. Warrant Issued.
{Probably the portion of Second Broad River is in south-central present-day McDowell Co, NC.}

Misc. Papers, Promissory Notes, Bills of Sale, 1782-1820 – John Ragsdale to Thos Womack, 28 Jan 1780. Oliver Spradlig (Spradling).

Taxes 1782-1793, 1788: Return of William Morrison (taken from 1788 Civil and Criminal Cases, file 3): {list including} Jacob Wamock, 2 p.

List of Jurors 1783-1790, April 1788: {list including} Jacob Womack.

List of Stray Delivered to Samuel Greenlee 1777-1783 – {long list including} John Spradling {husband of Mary Womack}, Thomas Wammock, William Wommack {Thomas and William in a row}.

Estate Papers 1777-1795 – Littlejohn, Thomas, 1783, Adm. Bond: Eli Littlejohn, Jacob Womack. Inv. 16 Oct 1784, 800 acres. Names Jacob Guier, Chesly Dobs, Thos Davenport, George Davidson, James Webb, Charles Wakefield, Joanna Clark, Charles McDowell, Wm. White.

Estate Papers 1777-1795 – Montgomery, John Jr., 20 Oct 1782. …. Many papers and accounts. Names: {long list including} Thomas Womack {more names} Jonathan Kemp {possibly the one married to Martha Womack, daughter of Richard Womack III}.

Burke County, North Carolina, Land Records and More Important Miscellaneous Records, 1751-1809, Volume III; by Edith Warren Huggins

Civil and Criminal Cases, 1780 File – Thomas Wammock to John Cooper (debtor), account, July.

Civil and Criminal Cases, 1781 File – Thomas Womack vs. John Ragsdale, July.

Civil and Criminal Cases, 1783 File (No. 1) – Greenberry Wilson vs. Wm Usey, Oct. Bail: Jacob Womack.

Civil and Criminal Cases, 1783 File (No. 1) – John Hughes vs. Joseph Ballow. Bond: Thos Womack, William Womack. April.

Civil and Criminal Cases, 1783 File (No. 1) – John Parsons vs. Jessy (Jesse) Moore, farmer, April. Bail: Wm Fletcher. (2) vs. ….. (torn), executed by Jacob Womack. (3) vs. …. (torn), executed by Jacob Womack. Bail: Saml Greenlee.

Civil and Criminal Cases, 1783 File (No. 1) – Thomas Womack vs. Thomas Patton, April.

Civil and Criminal Cases, 1783 File (No. 2) – James Greenlee vs. Wm Price, blacksmith, Feb 8, judgement. Wit: Chas McDowell, Wm Johnson. (2) James Greenlee vs, James Man, Oct 27. Bail: Thos Womack. (3) James Greenlee vs. Frederick Grider; on reverse: “James Erwin, student in Mount Sturges School Master.”

Civil and Criminal Cases, 1783 File (No. 2) – James Walker vs. Samuel Bright, Jan. Bail: John Armstrong, Thos Womack.

Civil and Criminal Cases, 1784 File – Thomas Rabone vs. Jacob Womack, July. (See special report at end of this file 1784).

Civil and Criminal Cases, 1784 File – John Goodbread vs. Thomas Bradley, May 22. Certificate of suspension of grant to Bradley on head of Second Broad R., including Womack’s Old Fort. Signed: W. Williams, D. Sec., Hillsborough.

Civil and Criminal Cases, 1784 File – Thomas Rebum (Rayborn) vs. Jacob Womack, Sept. Bail: John Armstrong, John Patton.

Civil and Criminal Cases, 1784 File – Jacob Womack acc’t. to James Stuart, debtor, “1 black horse, to the half of a negrow man …” Oct. Judgement.

Civil and Criminal Cases, 1786 File (No. 2) – Nathan Wommack (and Wormock) vs. Will Cook, March 21. Bond: Chas Cook. 2 papers.

Civil and Criminal Cases, 1786 File (No. 2) – Armon Gipson (Gibson) vs. Jacob Womack, Sept. 26.

Civil and Criminal Cases, 1787 File (No. 3) – Subpoena – Jacob Womack in case of Barns vs. George Ledbetter, April.

Civil and Criminal Cases, 1788 File – Burke Co., GA, Dec 13, affid. of Jesse Womack before Jon. Kemp, JP, that he was present with Blasengame Harvey and went to the house of Anthony Dickey in pursuit of negroes of Thomas and Joel Walker.

Civil and Criminal Cases, 1788 File (No. 2) – Subpoena – Jacob Womack, John Wood in case of James Wood vs. James McWilliams, April.

Civil and Criminal Cases, 1789 File (No. 1) – State vs. Joshua Wamock {should this be Johnson Womack? See 1790 case, below.}, assault on Joshua Lawrence.

Civil and Criminal Cases, 1789 File (No. 1) – Subpoena – Jacob Wommack, John Wood in case of James Wood vs. James McWilliams, April.

Civil and Criminal Cases, 1790 File (No. 2) – State vs. Johnson Womack.

Burke County, North Carolina, Records, 1755-1821, (Including Wills Index 1784-1900) Volume IV; by Edith Warren Huggins

Some Laws of NC Pertaining to Burke County – (2) 1777. Washington County (Tenn.) inhabitants were in need of a public road through the mountains into Burke County for “Horses, Carts, and wagons to pass to Sea Ports in this State and South Carolina.” Charles McDowell, John McDowell, Samuel Bright, Ezekiel Smith and Jacob Womack to be Commissioners to lay off and mark a road from Charles Robinson’s where court had been held for Washington County, to Edward Smith’s where it had been held for Burke County. Both counties to appoint officers to clear and help keep the road repaired and be allowed 8 shillings daily, with chain carriers and road markers allowed payment per day out of county taxes.

Morgan District Miscellaneous Court Papers, 1759-1801, Page 2 – Wm Wofford and Lucia Spradling. Evidence to support charge. John Spradling, Wm Johnson, Thos Wommack. Sept. Court 1782. Jurors: John Walker, Wm Penland, Jno. Blanton, John Dysart, William Willson, Wm Sumter, Robert ___ (?), Joseph Steel, Jonathan Hampton, George Brown, David Dickey, James Reed, Wm. Moore, ____ (?) (Not Legible), Sub. 3 Sep 1782, State vs. above, returned to March 1783 term. Bail: Wm Spradling, Joseph Dobson, CSC.
{See http://www.womacknet.net/thomaswomack.htm. This was a bastardy case. The child of William Wofford and Lucia Spradling was apparently William Washington Wofford, see WorldConnect entry.}

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.

Tuesday, February 10, 2009

Benjamin Womack Will

Benjamin Womack Will
Cumberland County, North Carolina
Transcribed by Robert E Burke, 10 Feb 2009, from PDF files of original, provided by Jamie Fish

Note that I separated it into paragraphs and added a little punctuation to aid readability. I tried to leave capitalization as in the original.

Note that the words "the use" has been mis-transcribed as "Thuise", supposedly Benjamin's wife. A close reading shows that his wife's name is given as "Ann".

***********

In the name of god amen this eighteenth Day Day [sic] of February one thousand seven hundred and ninety one, I Benjamin Warmack being very sick and weak in body but of perfect mind and memory thanks Be to almighty god for the Same and knowing the mortality of my body and knowing that is appointed to all men once to die Do make and ordain this my Last will and Testament that is to say I give and Recommend my Soul to the hands of god that give it my body I Recommend to the Earth to be Buried Decent Christian burial at the discretion of my Executors nothing Doubting but at the general Resurrection I shall Receive the Same again by the might power of god and as touching such worldly Estate wherewith it Hath pleased god to bless me in this Life I give and Dispose of the Same in following manner and form.

Imprimis [Latin, “first of all”] I give ann my Dearly beloved wife the use of my manner plantation stock and negroes & furniture of my household to Raise her Children [?] During her Life or widowhood.

Item I give to wyley [my?] Son one Hundred acres of Land lying between my two plantations.

Item I give unto Jacob my Son all my Land above the [?] Road on the South Side of kneels Creek [sic, “Neils Creek”] not not medling [?] with the land Belonging land on which I now life [sic].

Item I give unto William my son after my wife time in it my Dwelling house in with all the land belonging to the Same on the north Side of neels Creek my plantation and mill Down the Creek I Leave to be Sold to pay my Debts.

Item I give Benjamin my Son two negroes Cherry and one that fillis goes with [meaning Fillis’s unborn baby].

Item I give to my Daughter Lucie [my negro] fillis.

Item I give Leathey my Daughter one negro named Rachel.

Item I give to Sarah my Daughter one negro named mourning I give to my sons Jacob & William Each of them one negro named moses to Jacob and fed [???] to William I give wyley my Son one negro named Jinney [?]

Turn over

165 [number written in different handwriting]

[next page difficult to read, right side is very faded, guessing on some words]

177 [hand written page number]

And I give to my Brother [in law William Roland and ??] to my Son Wyley to be my [Executors of ??] this my Last will and Testament [cannot read next few words] Confirming this and [cannot read] my Last Will and Testament and [cannot read] I have hereunto Set my hand [and affixed ??] my Seal This 18th Day of February 1791.

Benj <mark> Warmack Seal

Witness
John Johnson
Jesse Jones
Hardy his mark Blalock