This essay concerns Josiah Womack, who was born about 1781 in Rutherford Co, NC and died between 1840 and 1850 probably in Jackson Co, AL. It also touches somewhat on Josiah's brothers.
Updated 20 Apr 2004
From email correspondence from Beth Howser (thank you, Beth):
I have been contacted by a descendent of Caleb Walls, 2nd husband of Margaret Balch ??? Womack, because he thought my Daniel Walls could have been related to Caleb Walls. I sent him the URL for your web page, particularly your essay on Josiah.Here's a marriage record for a Rufus B. Womack, married in Jackson Co., AL. Rufus in the 1850 household of Caleb Walls would have been abt. 22 yrs. old in 1853. Just a thought. Can't find anything on Frances J. MillerWomack, Rufus B. to Frances J. Miller 08 Sep 1853 P.122The children of Margaret and Caleb Walls migrated to TX. Here's what the Walls researcher wrote on Caleb:"Caleb Milton Walls married a widow with 3 children sometime before 1836. (You have proven this is wrong.....Drury was still alive in 1840) She was the widow of Drury V Womack who left her considerable monies and property. After she and Caleb were married, she assigned him as guardian of Charles. In 1836, she was in court suing Caleb for cancelation of that guardianship. In the meantime, Caleb had sold all her property and reinvested it all in his own name, solely. Most of the land he owned was on the river southeast of Scottsboro. She filed for divorce in August 1854 since she had been abandoned, pennyless, by Caleb who had fled the country after killing another man in July 1854. Since he fled the law, she had 7-8 children to support and had no access to the land or money and she went to court for a divorce and maintenance meantime. Caleb hasn't been heard from since and she was granted the divorce and complete control in 1857. She apparently remained in Scottsboro until she died. Daniel Walls received military grant of land for some undiscovered service in the military and Caleb Walls received similar grant of land for service in the Alabama militia during the
Cherokee removal of 1837."
Josiah's parents were both Womacks, William Womack and Lucinda "Lucy" Womack. Despite the assertion of Fancis Marion Womack that his grandparents were distantly related, recent research shows that William and Lucy were first cousins, both the grandchildren of the Abraham Womack who died in 1804 in Lincoln Co, NC. The letter of Francis Marion Womack has little information on his uncle Josiah, mainly that his first wife was Comfort LNU (Francis clearly states Comfort was her given name, but you will find many places on the web saying this was her maiden name), and that Josiah had a large family, including a grandson named Rufus.
This essay is an attempt to fill in some gaps, using the available records. Please look at some of the links above before continuing. In particular, read the letter of Francis Marion Womack carefully.
First, I would like to dispell a few mistakes I have seen on the web:
A little understanding of the history of the county formation will help with this essay. The Southeast Genealogy Online site has excellent maps showing the evolution of the counties in southeastern states.
I am going to use a method that has worked for me often when trying to put together families with scant records. The method is "process of elimination". In this case, I want to find the children and grandchildren of Josiah Womack. One way of doing this is by looking at the Womacks in the areas he lived, then eliminating the ones who have known lineages. One must be carefull with this method not to overreach. By 1850, the Womack name had spread throughout much of the US, and Womacks from very distant lines were crossing paths. A common mistake is to assume that all the Womacks in a particular county were from the same family, but research shows that Womacks from different lines often lived in the same county at the same time (though usually in different parts of the county). Still, one can use proximity, naming patterns, migration patterns, occupations, etc, to draw some conclusions.
Besides the Joseph Womack who lived in Perry Co, MO at the same time as William "Buck" Womack, there was another Womack "overlap" concerning Josiah's family before 1850. This occurred in Benton Co, AL (which was later renamed to Calhoun Co, AL, which it is today). Besides some Womacks related to Josiah in Benton Co, AL in 1850, there were also some Womacks from the Habersham Co, GA bunch (this group usually spelled the name Warmack). John Warmack had been in Habersham Co, GA in 1840. I can find no trace of John after the 1850 census. John's son Jesse Warmack had been in Carroll Co, GA in 1840, and by 1860 he had moved to Haralson Co, GA.
The Francis Marion Womack letter mentions that William and Lucy had a son named Thomas, who married and had two children, but Francis knew nothing more. I will be making the assumption that none of the Womacks in northeast Alabama through 1850 were Thomas's children, but rather they were all the descendants of Josiah and his brothers William, Abner, Levi, Jesse, and Asa.
One of the biggest hurdles in researching this Womack branch is the lack of early county records from Jackson Co, AL. Luckily, we have other information, like census records and BLM land sales to help. I will be referring to census records often, see my Womack Early Records in America for my transcriptions of Womack census records.
Josiah Womack was the oldest child of William and Lucy Womack. Others have estimated his birth around 1781. The 1840 census shows Josiah to be in his 60s, indicating a birth date in the 1770s, though the census taker may have made a mistake. Also, his wife Comfort was shown in her 50s in the 1830 Census. Josiah may have been a little younger than Comfort, and his age in the 1840 Census may be an error; if was actually born in 1781, he would have been 58 or 59 in 1840. We have to be careful in pushing Josiah's birth date back too far, since that would increase the span of years over which his nother Lucy had children. Twenty-five years is a very long span for a woman to be having children, and this indicates that Lucy must have married quite young. Because Lucy had children over such a long span, an interesting thing happened - some of Josiah's children were definitely older than some of his siblings.
Josiah first appeared in the 1800 census of Rutherford Co, NC. He and Comfort must have just married, because the census shows just the two of them. Josiah is shown as 16-25 (he was probably about 19). Comfort was shown as 26-44. I doubt she was that old, she was probably about 20.
Josiah was also in Rutherford Co, NC in 1810. He and Comfort were both 26-44. He was probably 29 and she about 30. The census shows two boys and four girls under ten years of age, presumably their sons and daughters. I cannot identify any of the daughters, but I believe the sons were Drury Vinson Womack and William Roland Womack (I'll be explaining more below). Another son, Josiah T Womack, must have been born soon after this census (perhaps Comfort was pregnant at the time). It appears that Josiah had been in Warren Co, TN in 1808 (see below), but moved back to Rutherford Co, NC for a few years, before moving back to Tennessee with most of his family.
In 1820, Josiah was likely enumerated in Marion Co, TN, but the census for that county is lost. At some point, Josiah moved to Warren Co, TN. Some of Josiah's uncles were living in Warren County, though Josiah appears to have lived in a different part of the county. See Womack Newsletter, Vol IV, No.2. If you search for "Josiah" and "Drury", you will find some land entries in Warren County. Josiah witnessed a deed for his uncle Anderson Womack in 1808. Josiah also had grants in Warren Co, TN in 1826 and 1827.
Drury Womack also had a grant in Warren County in 1824. A Drury Womack also appears in the 1825 tax list of White Co, TN (which is adjacent to Warren Co, TN). I am pretty sure that Drury Vinson Womack was Josiah's son, which I'll explain more below. To be on the tax list in 1825, Drury had to be at least 21, thus born circa 1803. Some undocumented info on the web says that Margaret Balch, daughter of William Balch and Rebecca McClelland of White Co, TN, was married to a Drury Wammock. There was another Drury Womack in the area, Drury Dobbins Womack, son of Anderson Womack (thus the two Drurys were first cousins once removed). This Drury was Methodist Preacher, though his main claim to fame today is as the direct ancestor of country music singer Lee Ann Womack. Drury Dobbins Womack was in Humpreys Co, TN in 1840 and 1850; and he was in Leon Co, TX in 1860 and 1870. The 1850, 1860, and 1870 censuses show him to be 42, 53, and 64 years old, respectively. Spliiting the difference, he born about 1806/7, and was thus only about 19 in 1825, too young to pay a poll tax. So, I think the Drury in the 1825 White Co, TN tax list was Drury Vinson.
A Josiah Wommack shows up on a petition for a new jail in Warren Co, TN from circa 1820.
Josiah is not listed in the 1830 Census, but his wife Comfort was listed in Warren Co, TN in 1830. Why Josiah was not present is a mystery. Perhaps he was away on business, or perhaps he and Comfort were having marital problems. Comfort is shown in her 50s, but she must have been in her very early 50s if all the children in the houshold were hers, since there was a boy under 5 years old. I think Comfort had probably just turned 50. That boy I believe was John Womack (born circa 1826). There is another boy age 10-14 who I believe was Jesse Burton Womack (born circa 1817). There is a girl 10-14 and a young woman in her twenties, presumably Comfort's daughters, though I cannot identify them.
In 1830, Drury Vinson Womack was listed in Franklin Co, TN, along with his uncles Isham and Levi. I am not sure where William Roland Womack and Josiah T Womack were at this time, though William was married to his first wife and had his first child (Francis Marion) in Tennessee in 1828. A presumed daughter of Josiah and Comfort, Malinda Womack (born circa 1812 in TN), was married to Martin Webb and listed in Jackson Co, AL in 1830. Note that Jackson Co, AL is adjacent to Franklin Co, TN.
If you read My Search for the Parentage of William R. Womack by Mary W Glenn, you will see that William Roland Womack probated the estate of his brother, Levi B Womack, and that William R was Levi's only living heir. Although Mary's essay does not give a date for the probate, this page gives the year 1871. It appears as if Levi had died with no living wife or children, and that William R was the last of his living siblings. Mary's research shows that Levi was born circa 1835 in Alabama. I conclude from this that William R and Levi B were half-brothers, as there was no way Comfort could have been the mother of Levi if she was already in her early 50s in 1830. Either Josiah and Comfort divorced (highly unlikely) or Comfort died and Josiah remarried.
The 1840 Census shows all the living sons of William and Lucy Womack in Jackson and Benton Counties, Alabama, except for Isham Rice Womack in Coffee Co, TN. Levi Berry Womack and Asa Martin Womack were in Benton Co, AL, about 35 or 40 miles due south of their brothers in Jackson Co, AL. Levi's son, William Riley Womack, received a land entry there in Benton Co, AL in 1844.
BLM Land Sales Calhoun (Benton) Co, AL Asa M Womack - 1 Aug 1839 - T15S R7E sec 22 "Asa M Womack of Jackson County, Alabama" Levi B Womack - 1 Aug 1839 - T15S R7E sec 22 "Levi B Womack of Benton County, Alabama" (two entries) William R Womack - 1 Aug 1844 - T15S R7E sec 23 "William Riley Womack of Benton County, Alabama" Jackson Co, AL Abner C Womack - 1 Aug 1839 - T3S R6E sec 2 "Abner Clements Womack of Jackson County, Alabama" Asa M Womack - 1 Jun 1831 - T3S R6E sec 28 "Asa M Womack of Jackson County, Alabama" Drury V Womack - 4 Sep 1834 - T3S R6E sec 2&11 "Drury Vinson Womack of Jackson County, Alabama" (two entries) Jesse Womack - 1 Aug 1839 - T3S R6E sec 27 "Jesse Womack of Jackson County, Alabama" Jesse Womack - 1 Jun 1831 - T3S R6E sec 27 "Jesse Womack of Jackson County, Alabama" Jesse Womack - 12 Aug 1833 - T3S R6E sec 27 "Jesse Womack of Jackson County, Alabama" Jesse Womack - 4 Sep 1834 - T3S R6E sec 27 "Jesse Womack of Jackson County, Alabama" Jesse B Womack - 1 Aug 1839 - T3S R6E sec 12 "Jesse B Womack of Jackson County, Alabama" Jesse B Womack - 1 Feb 1843 - T3S R6E sec 12 "Jesse Burton Womack of Jackson County, Alabama" William Womack - 1 Jun 1831 - T3S R6E sec 28 "William Womack of Jackson County, Alabama" William Womack - 15 Jun 1831 - T3S R6E sec 28 "William Womack of Jackson County, Alabama" Willam R Womack - 10 Oct 1840 - T3S R7E sec 7 "William Roland Womack of Jackson County, Alabama"
Four other brothers were in Jackson Co, AL in 1840 - Josiah, Abner Clements, Jesse, and William "Buck" Womack. Besides these four, there were five other Womack families - Drury and William (who were both in their 30s), Josiah T, Jesse, Joshua (all in their 20s). Of these, Joshua is a mystery. He was apparently married to a young woman in her late teens, and had a daughter under 5, but what became of this family is a mystery. It is interesting to note that Abner and Drury were two families apart on p.18 of the census, and the rest of the Womack families appear on pages 31-35.
The composition of Josiah's family in 1840 is interesting, because it shows a man in his 60s (he was probably about 59) with seven children under 15 years old. There is also a female in her 20s. Is this Josiah's second wife (in which case she would have to be in her late 20s to be the mother of these children), or is this one of Josiah's daughter from his first marriage to Comfort, and his second wife was dead by the 1840 census? I have no idea who most of these children are, though I think one of the boys must be Levi (about 5 years old in 1840).
Malinda Womack, who I believe was the daughter of Josiah and Comfort, was married to Martin Webb. Martin Webb was listed on the 1840 Census of Jackson Co, AL.
1840 AL Jackson p.31 line 8 - Martin Webb - 031001-100001 7 total, 5 Ag NOTE: between Jesse Warmack (line 6) and another Jesse Warmack (line 9)
Martin Webb was listed between two Jesse Womacks, one in his 40s and the other in his 20s. These were Malinda Womack Webb's uncle and brother.
One thing very important to note is the ages of Drury and William in 1840. Both were in their 30s. The only Womack in Jackson Co, AL who could have been their father was Josiah. All of Josiah's living brothers married and started having children after 1810 (Isham married on 5 Aug 1810).
By 1850, this Womack family had started to spread out much further across the US. William "Buck" Womack moved to Missouri, as did his nephew, William Roland Womack. Asa move to Yalobusha Co, MS; and Jesse moved to Marshall Co, AL. Levi Berry Womack and his sons were in DeKalb Co, AL, though they later moved to Jackson Co, AL where Levi remained the rest of his life. Martin Webb and his wife Malinda Womack were in Grundy Co, TN. Malinda's younger half-brother, Levi, was living with them.
In Benton Co, AL in 1850, the Womacks from this line were all on p.310B. Josiah T Womack was listed as J T Womack (though indexed as Z T Womack because of the unusual way the enumerator wrote capital J). Josiah T was listed as 41 and born in TN. I think he actually a little younger (the 1860 Census has him as 50 and born in NC, his correct birthplace). Directly before the family of Josiah T was the family of William Teague and his wife Sarah Womack (29 in 1850, born in TN, they married in 1840 in Benton Co, AL, and they were in the 1840 Census there). Sarah's full name was Sarah Frances Womack, and she was the daughter of Levi Berry Womack and Martha Bean according to a couple undocumented sources on the web. I thought Sarah might be Josiah and Comfort's daughter, since she is living next to Josiah T Womack in 1850, but it certainly makes more sense that she was Levi's daughter, given that Levi was in Benton Co, AL in 1840. Also, the 1830 Census for Levi's family shows a female 5-9, the right age to be Sarah. So, if Sarah was Levi's daughter, is it possible that Josiah T was Levi's son? The answer to that is NO, since Josiah T was only 8 or 9 years younger than Levi Berry Womack (1802). Also, when William R Womack probated the easte of his brother Levi B (1835) Womack in 1871, he stated that he was Levi's only living heir. William and Sarah Womack Teague were both still living in 1880 (1880 AL Blount, Twp 9 Range 1, p.348A).
A couple families before William and Sarah Teague is the family of S and Rody Yarbrough. This is Silas and Rhoda Womack Yarbrough, who married in 1844 in Benton Co, AL. Living with them are three Womacks - Elizabeth (26, TN), W P (10, AL), and W C (17, TN). Rhoda and Elizabeth are said to be daughters of Levi Berry Womack (1802). Again, this makes sense, because of when and where Rhoda married, and the fact that Levi had girls in his household in 1830 and 1840 the right ages to be Elizabeth and Rhoda. Elizabeth apparently never married, and she always lived with her sister Rhoda's family. I cannot find them in the 1860 Census, but in 1870 and 1880, they were in Jackson Co, AL. Since both Elizabeth and Rhoda were alive in 1880, I doubt they were Josiah's chidren, because of William R Womacks 1871 assertion that he was the only living heir of his brother Levi (1835).
The two Womack boys living with the family of Silas and Rhoda Womack Yarbrough are somewhat of a mystery. I doubt they were Rhoda and Elizabeth's brothers, since they do not seem to fit into the family of Levi Berry Womack. After 1850, W C Womack disappears. W P Womack may be the William Womack (age 19) living with the family of William and Sarah Teague in the 1860 Census of Calhoun Co, AL. After 1860, I lose track of him as well. These two may have been the sons of Drury Womack, though why they were not living with their mother in 1850 is a mystery.
1840 AL Benton p.36, line 11 - Wm Teague - 00001-0001 2 total, 1 Ag 1850 AL Benton, 28 Dist p.310B, house 623 - S V? Yarbrough 22 M W Farmer 400 GA, Rody Yarbrough 21 F W TN, Thos B Yarbrough 6m M W AL, Eliz Womack 26 F W TN, W P Womack 10 M AL, W C Womack 17 M W Farmer TN NOTE: See 1870 AL Jackson, Subdivision 3, p.151 - Silas and Rhoda A (42, TN) Yarbrough family. Elizabeth Wamack (46, TN) living with them. 1850 AL Benton, 28 Dist p.310B, house 626 - William Teague 31 M W Mechanic 450 AL, Sarah Teague 29 F W TN, M A 9 F W AL, J R 7 M W AL, M F 5 F W AL, F B 1m M W AL NOTE: next family is J T and Louisa Womack
In Jackson Co, AL in 1850, there were four Womack families. Abner Womack had died in 1849, and his widow Isabella and their children were on p.37A. The other three families were all pages 39A and 40B, and I think these were the descendants of Josiah. Jesse Womack and his wife Miriam LNU, and John Womack and his wife Sarah LNU were listed one family apart. Jesse was listed as 32, born in AL; and John as 23, born in AL. In the 1860 Census, these two were once one family apart, except both were listed with TN as their birthplace, which I think is correct. Jesse was listed with middle initial B in 1860. A check of BLM land entries shows one that lists his full name as Jesse Burton Womack (probably after his uncle Burton Womack who died young).
On p.40A of the 1850 Census of Jackson Co, AL is the family of Caleb Walls and his wife Margaret. With them are Rufus, Rebecca, and Charles Womack. Here is where the puzzle starts to come together somewhat. I am certain that Margaret was the widow of Drury Vinson Womack, who must have died between the 1840 Census and about 1842/3, when Margaret remarried to Caleb Walls. We know Drury's full name from some BLM land entries he made in Jackson Co, AL. As stated above, I found some undocumented info that Margaret was Margaret Balch, whose parents were William Balch and Rebecca McClelland of White Co, TN. William and Rebecca married about 1797 in the Carolinas before moving to TN. Given Margaret's age of 35 in 1850 and 45 in 1860, she must have been born 1814/5. She married Drury when she was very young, about 14. In the 1830 Census, Drury had a female in her house aged 15-19 who must have been Margaret. I estimate Drury was born about 1803, making him about 26/7 in 1830, considerably older than Margaret. Note that Margaret named a daughter Rebecca after her mother, Rebecca McClelland.
However, the child I find most interesting is Rufus Womack, age 19 in 1850. In Francis Marion Womack's letter, he said that Josiah Womack had a grandson named Rufus who graduated Irwin College (in Warren Co, TN) in 1851. I am pretty sure that the Rufus living with Caleb and Margaret Walls in 1850 is the one he was referring to. Rufus became a preacher and moved to Texas, according to F M Womacks's letter, but I have been unable to find trace of Rufus beyond the 1850 Census.
1850 AL Jackson, 19 Dist, p.40A, house 572 - Caleb Walls 37 M W Farmer 2700 AL, Margt Walls 35 F W TN, Malinda Walls 7 F W AL, Lucy Walls 5 F W AL, Austin Walls 2 M W AL, Margaret 2m F W AL, Rufus Womack 19 M W Farmer AL, Rebecca 12 F W AL, Charles Womack 13 M W AL NOTE: next families are Webb and Rodden
In the 1850 Census of Grundy Co, TN, Levi Womack was living with the family of Martin and Malinda Webb:
1850 TN Grundy, 6 Dist, p.352A - William Webb 45 M W Farmer 0 TN, Malinda Webb 38 F W NC, Drury V Webb 17 M W Farmer AL, Wesley J Webb 13 M W TN, Martha J Webb 11 F W AL, Serene H Webb 8 F W AL, Malinda E Webb 5 F W TN, Levi Warmmac 15 M W Farmer AL 1840 AL Jackson p.31 line 8 - Martin Webb - 031001-100001 7 total, 5 Ag NOTE: between Jesse Warmack (line 6) and another Jesse Warmack (line 9) 1830 AL Jackson, p.97, line 2 - Martin Webb 10001-00021
I think that Malinda was the daughter of Josiah and Comfort Womack for several reasons. Her age and birthplace fits, since Josiah and Comfort were probably still in Rutherford Co, NC in 1811/2. She has a son named Drury V Webb. Drury was an uncommon name. I am sure Drury V must have been named after her brother, Drury Vinson Womack. Martin Webb was listed in the 1830 and 1840 Censuses of Jackson Co, AL (in 1840 he was right next to Jesse Burton Womack). I can find no trace of the Martin Webb family after the 1850 Census. Malinda must have died by the time William R Womack probated Levi B Womack in 1871.
So, now I will list who I think were the children of Josiah Womack (c1781). Note that he apparently had more children from census records, but I do not know anything about them. All were the children of Josiah by his first wife, Comfort LNU, except Levi. Levi must have been the son of Josiah by a second unknown wife, as Comfort would have simply been too old to be his mother.