Allen Womack Jr

Buchanan County, Missouri

Probate Packet #3568

Allen Womach (1807 – 1872)

[Transcribed by Linda Sparks Starr October 2009 from thermafaxed copies made from what appears to be blurred microfilm by Courthouse staff late 1980s. The original probate packets are now located in the Northwest Missouri Genealogical Society Library, St. Joseph, Missouri. My suspicion, without conducting a page by page comparison, is some pages copied in the 1980s are missing from the present packets. The transcription is as true to the original as possible. In some places the writing is too faded or blurry to read. I admit to guessing at the middle initial, if not the name, of some court officials. John Harmon’s middle initial appears to be "S" in places and "G" or even "P" elsewhere. I believe the Probate Judge is Henry Tutt, but his surname could be Tate. Womack and Womach are interchangeable spellings of the same surname. The printed portion of "fill in the blanks" forms is presented herein in reduced font. First appearance of names within each record were highlighted by the transcriber; personal comments are italicized and within brackets.]

INVENTORY

#3568

Of all the Real and Personal Estate of Allen Womack late of the County of Buchanan, deceased, describing the quantity, description and title of the Real Estate, the bonds, papers and debts Due or as becoming due to the deceased, names of the debtors, dates of the contracts, the amount of interest due and the rate of interest thereon made by John G. Harmon, administrator Estate of said deceased, and Thomas Hill and William H. Dunlop witnesses appointed to aid in making the same. Oct 2^nd 1872

Real Est

40 acres [rest of this line and the next two lines are unreadable]

40 acres [rest of this is unreadable, as is the next line]

40 acres land [rest of line is unreadable as is the next one]

money on hand "

Bonds & Notes as follows to wit

1 ___ ___ ____ dated 1865 ____ Due 5.00

1 Note on ____ ____ ____ note May _ 1872 30.00

1 Receipt of deposit on ___ [possibly] Holt County 175.00

personal property to wit

1 Dining table 3.00

1 Cook stove & Shovel 5.00

1 Lot Stoneware 1.50

[unreadable] .50

1 [unreadable] .75

[unreadable] .75

[unreadable] .50

[unreadable] 11.00

[unreadable] 6.00

[unreadable] 8.00

__________AMOUNT UP__________

1 Old Rifle Gun 4.00

1 Market Basket .30

1 clock 2.50

1 Looking Glass .50

1 Small Stand table 2.00

1 Lot old Books .25

1 Cow & calf (white) 30.00

1 Lot bed clothing 12.00

1 Trunk (old) 1.00

1 wash tub & Kettle 1.50

1 small wheel 2.00

1 Lot Pickle Pork 4.00

1 mowing saythe & 1.00

1 grain Cradle 1.00

6 old Bls .75

2 gall Linseed oil 1.50

1 Lot wheat 20.00

1 Choping axe .75

1 New Bain Wagon 80.00

2 Diamond plows, (old) 1.00

2 Shovel " 1.00

1 ox yoke .50

1 old sett plow harness 2.00

1 mans sadle 3.00

1 Small stack Oats 4.00

75 Bu old corn in crib 15.00

1 Lot Hogs 40.00

11 Head Sheep 8.00

2 gray mares 130.00

1 dun gray Horse 60.00

1 Bay Pony (small) 30.00

1 old mare & Small ___ colt 20.00

11 acres corn in the field 75.00

[unreadable] .75

amt Total $ _45.20

[Last page of the printed inventory record provided space (unused in this probate) at top for the remaining list of items.]

WE, the undersigned, witnesses appointed by the Judge of the Probate Court of the County of Buchanan, to accompany and aid the administrator in opening and examining the papers, money and other property of Allen Womack, deceased, and in making an inventory of these assembled at house of Dec’d on the 2^nd day of October 1872, and then and there performed the duty assigned to us, and certify the foregoing to be a full and complete inventory of the same.

A. H. Dunlop

Thomas Hill

STATE OF MISSOURI } SS

COUNTY OF BUCHANAN } BE IT REMEMBERED That on this 9^th day of October in the year of our Lord one thousand eight hundred and seventy-two before me, Henry Tutt Notary Public within and for the County aforesaid, personally appeared John G. Harmon administrator of Allen Womach late of the County of Buchanan deceased, who being by me duly sworn, on by oath says that the foregoing is a full inventory and description of all the money, goods, chattels and estate, real and personal, books, papers, evidences of debt and of title of the deceased, and of all debts due or becoming due, so far as he can ascertain them, except the property reserved as the absolute property of the widow, and that he was not indebted or bound in any contract to the deceased at the time of his death, except as stated in the inventory. John G. Harmon

Sworn to and subscribed before me, H. Tutt Notary Public within and for the County aforesaid this 9 day of October 1872 Henry Tutt

Notary Public

[This next page comes from Probate Packet #3569 identified as that of Eliza M. (sic) Womack. The one page copied by LSS (who suspects it’s the only page inside the packet, but didn’t make note of that fact) is this one which clearly belongs with the Probate Packet #3568 instead. Underlined words subject to change if anyone has a better suggestion.]

List of Household property taken by and received by Eliza Womack of John S. Harmon Adm of Allen Womack towit

1 Dining Table $3.00

1 cook stove & Shovel 5.00

1 Basket wash hure & L 1.50

1 sad Iron .50

Stone ware .75

1 measure pork .75

1 four Galun Keg .50

3 Beds & Bedding 50.00

3 Bed Steads 6.00

old chares 6.00

B__k Can & Press 8.00

Market Basket .30

1 clock 2.50

1 Looking glass .50

1 small stand 2.00

1 Lot Buckets .25

Lot Bed clothing 12.00

1 old Trunk 1.00

Wash Tub & kettle 1.50

1 Small Wheel 2.00

$103.45

Amount for Household

property taken by widow She being

Entitled to Same by law –-- Jno S. Harman

In the Probate Court of Buchanan

County April Term 1874 June the 12^th 1874

In the matter of the estate of Allen Womach deceased

Come now Eliza J. Womach widow of Allen Womach deceased and files her Pettition to have homestead set off and it is ordered that Henry M. Griffeth, Jasper Willson & William C. Garton and they, are hereby appointed Commissioners to set off to Mrs. Eliza J. Womach the homestead to the value of fifteen hundred dollars in the following described real estate the property of Said deceased to wit the North east quarter of S. E. quarter of Section 4 Township 55 Range (36) also ten acres off the North end of West ½ of South East quarter of same Section, Township & Range also forty acres of land being West end of lot No. 1 in North East quarter of Section No (4) Township (55) Range (36) also forty acres of land being the East half of Lot No. 1 of South East quarter of North West quarter of Said Section (4) & report there proceedings to this Court.

I, James P. Pettigrew Judge of the Probate Court within & for said County of Buchanan Certify, that the foregoing, is a true Coppy from the Records

of Said Probate Court made on the 25^th day of May, A.D. 1874.

In witness whereof I have hereunto Set my hand and affixed the Seal of Said Probate Court this 15^th day of June 1874.

James P. Pettigrew

Probate Judge

State of Missouri }

County of Buchanan } ss

Henry M. Griffeth, Jasper Willson, William C. Garton Commitioners appointed to appraise and set off the Homestead of Eliza J. Womack widow of Allen Womach deceased being, Sworn Say that they will faithfully discharge all the duties imposed upon them by law as Such Commissioners.

H. M. Griffith

Jasper Wilson

Wm C. Garton

Sworn to and Subscribed before me this 24^th day of July 1874

Thos. J. Crumpacker

Justice of the peace

[Order to Commission to Set apart Homestead to widow]

To the Honorable Probate Court in and for said Buchanan County Viz

The undersigned being appointed to Set out to Eliza J. Womach widow of Allen Womach dec’d her homestead in the Real estate of Said deceased and being duly Sworn as will appear by a certificate of

Justice of the peace of said County hereto annexed and having discharged the duties as Commissioners aforesaid Report as folows we set out to Eliza J. Womach the folowing described pieces of land.

to wit The South East quarter of the North West quarter and Ten (10) acres off the North End of the West half of the South East quarter and fifteen (15) acres off the south Side of the south West quarter of the North East quarter and the North East quarter of the south East quarter all of the above being in section No (4) four Township 55 of Range 36 making One hundred and five acres

Being of the value of $1500.00 dollars as allowed by law.

H. M. Griffith

Jasper Wilson

William C. Garton

This day personally appeared before me Thos J. Crumpacker a Justice of the peace

Henry M. Griffith, Jasper Wilson & William C. Garton and acknowledged that they executed the foregoing report as Commissioners as aforesaid.

Sworn and Subscribed before me this 25^th day of July 1874

Thos J. Crumpacker

Justice of the Peace

Eliza Womach }

vs }

Estate of Allen Womach deceased }

In the matter of the Homestead of Eliza Womach widow of Allen Womach deceased

Comes now Eliza Womach widow of Allen Womach deceased and asks that the order of this Court Confirming her homestead made on the 31^st day of December 1874 may be set aside and that Henry M. Griffith, Jasper J. Wilson & Wm C. Garton Commissioners appointed to admeasure & set apart her Homestead be ordered to review and amend their report so as to make the same Conform to the original order of this Court; for the reason that said Commissioners in their report heretofore made assigns to Said widow lands not the property of her deceased husband & failed to set out sufficient land belonging to her Said deceased husband Contrary to the order of said Court & by Mistake.

Eliza Womack

by A. D. Kirk Atty

[Underlined names are especially difficult to decipher.]

John G. Harmon administrator of Allen Womack Dec’d

In account with the Est upon final Settlement April Term 1876

The administrator charges himself with amount of Sale bill as shown by ___ of sums

$ 175.40

Amount of debt collected of J. B. Brown 30.00

Int collected 1.50

Collected of N. B. Srutee 3.00

" of Stap & Hagenstein 175.00

$ 384.90

Final Settlement on file Shown assignment as folows

Purchases $ 4.00

For Recpt 44.25

Do Do 38.59

H. Tutt 10.00

Probate fees 9.70 $ 111.76

Said Sums balanced the following demands have been paid as shown by Vouchers here with

from Stap & Hagenstein $ 29.80

Eliza Womack 50.00

Tax recpt 60.63

A. H. Dunlop 1.00

Thomas J. Crumpacker 40.90

W. R. Asher 1.00

For Tomb Stone 38.00

$ 332.47

Amount of Debts Brot Ovr $ 384.90

Amt of Credits Brot ovr $ 332.47

Petn for final Notice 4.00

Compence & Services 45.00

Probate fees for this setlmnt 2.00 $ 383.47

Thomas Hill 1.00 $ 384.47

John G. Harmon

State of Missouri }

County of Buchanan }

Henry M. Griffeth, Jasper Wilson & Wm C. Garton Commissioners appointed to appraise & set apart the Homestead of Eliza Womach widow of Allen Womach deceased being sworn say that they will to the best of their abilities faithfully & impartially discharge their duties as such Commissioners.

W. C. Garton

H. M. Griffeth

Jasper Wilson

Sworn to & subscribed before me this day of May 1876

To the Honorable the Probate Court in & for Buchanan County Missouri

The undersigned being appointed Commissioners to view appraise & set apart to Eliza Womack widow of Allen Womach her Homestead in the real estate of her said deceased husband being first duly sworn having discharged our duties according to law report as follows after viewing & appraising the lands in said order described have Assigned to Said widow Eliza Womach the following described pieces or parcels of

land to wit. The S.E. quarter of the N.W. quarter of ten acres off the North end of the W half of the South East quarter & fifteen acres off the South side of the S. W. quarter of the North East quarter And the North East quarter of the South East quarter all in Section four (4) Township 55 Range 36 making 105 acres in Buchanan County State of Missouri valued at $1500.00.

Given under our hands & seals this 24^th day of May 1876 W. C. Garton

H. M. Griffeth

Jasper Wilson

Commissioners

[Along the side] Commissioners & report -- $5 cash [or each]

State of Missouri } SS

County of Buchanan } Be it remembered that on this 26^th day of May 1876 personally appeared before the undersigned a justice of the Peace as then & for Buchanan County State of Missouri Henry M. Griffeth, Jasper Wilson & William C. Garton well Known to me to be persons who Signed the foregoing instrument of writing as parties thereto & acknowledged that they executed the Same Voluntarily & for the uses & purposes therein named.

Witness my hand this ___ day July 1876

[two unreadable lines]

In the Probate Court of Buchanan County April Term 1876

In the matter of the estate of Allen Womach deceased

Eliza Womach }

vs }

Estate of Allen Womach deceased }

Comes now Eliza Womack widow of Allen Womach decd and moves the Court to set aside its Order heretofore made confirming report of Commissioners to set apart Homestead in the following described real estate the property of said deceased to wit, The North East quarter of SE ¼ of Section 4 T 55 Range 36. Also ten acres off the North End of W. half of South East ¼ of Same Section. Also forty acres of land being the West end of lot No. 1 in N.E. quarter of Said Section 4 Township 55 Range 36) Also 40 acres of land being the East half of lot No One of S.E ¼ of N.W. ¼ of Said Section 4 T 55 R 36.

And it appearing to the Satisfaction of the Court that said Commissioners to set apart Homestead of Said Eliza Womack have made an important mistake in setting out to said Eliza Womack lands not belonging to the estate

of her deceased husband

It is therefore ordered that the order of this Court Confirming the report of the Commissioners to set apart the Homestead of Said Eliza Womack made on the 31^st day of December 1874 be set aside.

And it is further ordered that said Commissioners to wit Henry M. Griffeth, Jasper Wilson & William C. Garton be & they are hereby ordered to review their work as Such Commissioners & file in this Court a Complete amended report in accordance with the Orders of this Court heretofore made appointing them Commissioners for the purpose of viewing appraising & admeasuring the Homestead of said widow Eliza Womack & setting the same apart.

Henry Tutt,

Judge

[LSS: According to my notes, this record was found within Probate Packet #3568 for Allen Womack. This was not copied by the courthouse staff late 1980s therefore was possibly located in Probate Packet #3570 for Francis M. Womack. The deceased Francis M. was father of the minor, F. M. Womack, and son of Allen died 1872. Regrettably I did not copy all the pages of either packet and my notes, taken at end of a long day, are not as explicit as I wish. This suit appears to be the basis for the Judgment against Allen’s Estate, thus is the reason for the forced public sale of Estate land not set aside as Eliza’s homestead.]

State of Missouri } SS

County of Buchanan }

Be it Remembered that at the January Term 1878, of the Circuit Court among other were the following proceeding towit: --

The State of Missouri at the }

relation and to the use and benefit }

of John B. Corbitt and Emma }

O. Corbitt his wife and Francis }

M. Womack infant by his next }

friend John B. Corbett }

vs } Pet

James P. Pettigrew, Thomas }

Coats and Thomas R. Smith }

admr of Allen Womack de- }

ceased }

Comes now said plaintiffs by their attorney and said defendant Coats by his attorney also comes, and this cause coming on for trial upon plaintiffs petition and the seperate answer of defendant Coats, and upon judgment by default heretofor entered against defendants Pettigrew and Smith, and being submitted to the court the court finds, from the evidence now here adduced, that the plaintiffs hath sustained damages by reason of the break of the bond in the petition set forth in the sum

of Four hundred and Seventy five and 77/100 dollars. It is therefore considered by the Court that the plaintiff recover of the defendant the sum of Twelve Hundred dollars, the penalty of the bond in the petition described, together with their costs in this behalf expended, and it is farther ordered and adjudged that the plaintiffs have execution for the sum of Four hundred and Seventy five and 77/100 dollars the damages by the court assessed as aforesaid together with Costs.

STATE OF MISSOURI } SS

County of Buchanan } I, S. D. Cowan, Clerk of the Circuit Court, in and for the County and State aforesaid, do certify that the above and foregoing is a full, true, and complete Copy of the Judgment made as aforesaid, in the above entitled cause, as the same appears of record in my office.

In Testimony Whereof, I hereunto set my hand and affix the seal of said Court

at office in the City of St. Joseph, this 21^st day of March A.D. 1879

S. D. Cowan Clerk

by C. C. Colt Deputy Clerk

[Change of Public Administrators]

In the Probate Court of

Buchanan County Missouri

In the matter of the

Estate of Allen Womack dec’d

Thomas R Smith Public Administrator in charge of and Administrator de bonis non of the estate of the said Allen Womach dec’d comes now & represents to this Court that no personal property of any kind whatsoever belonging to said Estate has come into his hands or procession, that there remained at the time he was ordered to take charge of said Estate no personal property whatever belonging to said Estate, that there was not at the time he was ordered by this Court to take charge of said Estate any debts due to said Estate neither are there any due to it now as far as this administrator can ascertain.

That there is one debt due by and from the Estate for which a Judgment was ordered by the Circuit of Buchanan County, Missouri against this Administrator as such,

that a transcript of said Judgment has been presented to this Court for

allowance and Classification and it amounting to the sum of four hundred and seventy five 77/100 Dollars has been allowed by this Court against said Estate and assigned to the 6^th Class.

That there are no other debts against said Estate as far as this administrator knows

That there is no funds or property or money in the hands of said Administrator nor will there be any from personal property with which this indebtedness can be paid.

That said Allen Womack died seized and the owner in fee simple of the following described real Estate, which is not included in the Homestead set off to his widow nor has it been disposed of in any way to wit – All of the forty acres off of the west End and side of Lot one in the North east portion of Section four in Township fifty five (55) of Range thirty six (36) in Buchanan County, Missouri, except fifteen acres off of the South end of said forty acre tract and piece of land which said fifteen acres was hereto

set off to the widow of said Allen Womach as a part of her homestead;

That the sale of said land will be necessary to pay the aforesaid debt of said deceased.

this Administrator recommends that it be sold at public sale for said purpose and asks this Court to make the necessary and proper order for the sale thereof or for so much thereof as will be necessary for the purpose above stated.

Thos. R. Smith

Thomas R. Smith being sworn states that the foregoing Petition contains a true statement and account of his administration of the Estate of Allen Womack dec’d as de bonis non admnr to the best of his knowledge information & belief.

Thos R. Smith

Subscribed & Sworn to Before me Thurs 22 March 1879

H. Tutt

Judge

[Order of Sale]

STATE OF MISSOURI } In the Probate Court of said County

County of Buchanan } ss: Term 186_

In the matter of the Estate of Deceased.

To Thomas R. Smith Admr De Bonis non of the Estate of said Allen Womack

This is to certify that at the May Term A.D. 1879 of said Probate Court, to wit: on the 24^thday of May, in said year, the following proceedings were had in said court, touching the petition filed by you therein, for an order for the sale of real estate belonging to said estate, to wit:

Now, at this day comes Thomas R. Smith Admr De Bonis non of the estate of Allen Womack and proves to the Court that the order of publications made upon his petition, at the February term thereof, has been complied with according to law, and moves for an order of sale, pursuant to said petition and notice, whereupon the Court proceed to hear the testimony produced & to examine the parties who appear, touching the application of said administrator for the sale of real estate as in said publication mentioned; and it being proved to the Court that there are not sufficient personal estate and effects of said deceased charged with the payment of debts, and not sufficient assets in the hands of said administrator to pay the debts due by said estate, IT IS ORDERED, that the said do, at the door of the court house of said county of Buchanan, and during the session of the Circuit, County, or Probate Courts of said county, between the hours of ten o’clock in the forenoon and five o’clock in the afternoon of that day, expose to sale, at public vendue or outcry, the following real estate in the petition of said administrator described, to wit.

Forty acres off the West End and Side of Lot No one in North East quarter of Section four Township 55 Range 36 in Buchanan County, Mo. excepting therefrom 15 acres from South end of said forty acres

and sell the same for the purpose mentioned in said petition, on the following terms, to-wit:

cash in hand at the Day of Sales, and a deed for the property sold to be executed on complete payment of the purchase money, first having had the same appraised and notice of the time, terms and place of said sale published for four weeks prior thereto, in some newspaper printed in said county of Buchanan, as directed by law, and that he make return of his proceedings, at the next term of this court.

The State of Missouri } ss

County of Buchanan } I, Henry Tutt Judge of Probate in and for said county, do hereby certify that the foregoing order is a true transcript from the records of the Probate Court of the County of Buchanan and State Missouri.

In Witness Whereof I have hereunto set my hand and affixed the seal of said Court, at my office, in said county, this 24^th day of May A.D. 1879

Henry Tutt, Judge

St. Joseph Mo Aug 13^th 1879

Estate of Allen Wamack, Dec’d }

Thomas R. Smith Admr } Report of Sale

Now at this day comes Thomas R. Smith Public Admr and Admr in charge of the Estate of Allen Wamack, Dec’d and submits the following report ~

That in pursuance of an order of this Court made at the May term 1879 thereof, he did, on the 7^th day of July 1879 between the hours of nine oclock A.M. and five Oclock P.M. at the court House Door, in the City of St Joseph, in said county and during the sitting of the Probate Court of said County, sell at public vendue, the real Estate on Said order described, to wit. Forty acres of land off the west end and side of lot number one, in the north east quarter of section four, Township fifty-five (55) Range thirty-six (36) in Buchanan County, Missouri, excepting therefrom fifteen acres from the south end of said forty acres -- to John B. Corbett for the sum of Thirty Eight Dollars, which was the highest sum bid for the same.

That before the said sale, he caused the said premises to be appraised by J. M. Dunning, A. J. Lewis and Lew Peters three disinterested householders of said county who were first duly sworn as such appraisors, as appears by the affidavit and certificate of appraisement herewith returned, and, also caused a notice containing a particular description of the estate to be sold, and stating the time, place and terms of sale, to be

published for four weeks prior to said sale, in the St. Joseph Gazette, published in the city of St. Joseph and County of Buchanan in the State of Missouri, as appears by a copy of the notice and affidavit of Lewis Barnes the publisher thereof, herewith filed. -- And the said John B. Corbett, having fully complied with the terms of Said Sale, and paid the said Admr the sum of Thirty Eight Dollars in Cash, the amount of said bid, as required by the Order of said Sale.

He asks that said sale be in all things approved and confirmed.

Thomas R. Smith, Admr

The said Thomas R. Smith makes oath and says that he did not directly or indirectly purchase such real Estate, or any part thereof, or any interest therein, and that he is not interested in the property sold, except as stated in said report.

Thomas R. Smith Admnr

Sworn & Subscribed to before me this 14 of August 1879

H. Tutt, Judge

[The Proof of PUBLICATION form, completed before Alex P. Mackey, Notary Public, by Lewis Barnes, publisher of the (daily) St. Joseph Gazette 13 August 1879 is mostly unreadable. The attached newspaper clipping reporting the sale was copied on top the affidavit. Dates the advertisement ran was between 27 May and 24 June 1879.]

State of Missouri }

County of Buchanan }

on their oath say that they are householders of said County not interested in the Estate of Allen Womach deceased and that they will to the best of their abilities view and appraise the real estate to them shown by Thomas R. Smith Public Administrator in charge of said Estate of Allen Womack dec’d.

J. M. Dunning

A. J. Lewis

Lew Peters

Sworn to before me H. Tutt Probate Judge of Buchanan Cty, Mo this 7 of July 1879

H. Tutt Judge

We the undersigned appraisers appointed to view and appraise the real estate shown to us, by Thomas R. Smith Public Administrator of Buchanan County in charge of the Estate of Allen Womach deceased, as the property of said Allen Womack do certify that we have viewed a piece of land described as follows: to wit, forty acres of land off of the west end of Lot number one in the North East quarter of Section four (4) in Township fifty five (55) of Range thirty six (36) in Buchanan County, Missouri excepting therefrom fifteen acres from the South end of said forty acres, and we appraise the same at the Sum of Five ~ Dollars per acres.

J. M. Dunning

A. J. Lewis

Lew Peters