In the name of God amen I Manoah Via of the County of Albemarle and State of Virginia being of sound mind, but debilitated in body and health, and advanced in age, and knowing, in the course of nature I canot live long I make and ordain this my last will and testament. 1st I recommend my soul to God who gave it and my body to the earth from whence it came to be decently buried in a Christian like maner. 2nd I here direct my executor, hereafter named, to pay all my just debts whatsoever, out of such perishable property as best suits my wife to space. 3rd I Loan to my wife Judith Via during her natural life all my estate of what kind soever both real and personal for her own proper use and benefit. 4th after the death of my wife Judith Via, I give to my niece Mary Ann Gardner, to her and her heirs forever, all my perishable or chattle property whatsoever. 5th I give to Eliza Jane Gardner, daughter of Garland T. Gardner a negro girl named Sedna, to her and her heirs forever, to be reserved in her part. 6th I give to the children of Mary Ann Gardner, lawfully begotten of her body, all the remainder of my estate, consisting of land and negroes with their future increase, when the youngest child becomes of age or marry. 7th should any of the negroes be dissatisfied with the provisions which I have made for them, after the death of my wife, my will is, that, they shall be free to choose their master or mistress, and in that case they are to be valued by two disinterested persons whom the parties concerned may choose, and a credit of twelve months be given the purchaser, and the proceeds of such sale or sale to be put in Interest, for the benefit of said children, untill the youngest child marry or become of age and then to be equally divided among said legatees as heretofore directed. 8th My will is that Garland T. Gardner and Mary Ann his wife, have possession of one hundred and Seventy acres of my lands during their natural lives, to be taken in a body off of any part of my lands, and also to keep in possession the negroes, and the residue of my lands, untill their youngest child becomes of age or marry except the girl Sidna heretofore specially will for their own proper use and benefit. Lastly I constitute and appoint Garland T. Gardner my executor, to this my last will and testament and it is not to be required of him to render a schedule or appraisement of my Estate, nor is he required to give security for the same. Minoah Via (his mark) Given under our hand and seals this 24th day of July 1841 Bezl. Brown Mathew Turner John W. Keaton At a Court held for Albemarle County 4th J__ 1841 This Instrument of writing purporting to be the last will and testament of Menoah Via was produced into court and proved by the oaths of Jno W. Keaton & Bezl Brown witnesses thereto and ordered to be recorded. Teste Ira Garrett CC [Albemarle Co., Virginia WB 14, page 106] ************************* Garland v Gardner Albemarle County Chancery Case 1851-002 Library of Virginia To the County Court of Albemarle in Chancery sitting This bill of complaint of Garland T Gardner and Mary Anne Gardner his wife, Susan A.C. Gardner, Juditha Amanda Gardner, John Coffman & Susan A.C. his wife formerly Susan A.C. Gardner, respectfully represents that Manoah Via late of the county, died about the latter part of the year 1840 having by his last will & testament disposed of his land a tract of some 375 acres. By the said will the said Manoah Via bequeathed to your orator Garland T. Gardner and his wife Mary Anne Gardner, 175 acres of the above tract of 375 acres during their natural lives and after their death to be equally divided among their children. The remainder of the tract consisting of 200 acres is by the said will directed to be equally divided among the said children of Garland T. & Amanda (error?) Gardner when the youngest child shall arrive at the age of 21 years. All of which will more fully appear by reference to the sd will an official copy of which is herewith filed Marked A and prayed to be taken as a part of this bill. Your Orator Garland T. Gardner & wife have within the last 3 or 4 years removed from the County of Albemarle, and now reside, all of them, except Eliza Jane intermarried with Chapman Naylor in the County of Rockingham some 20 or 30 miles from the tract of land. The land is therefore necessarily rented out and as is usual with rented lands is continually depreciating. The said tract of land is probably worth some $1000 to $1500, and as your orator and oratrix have 10 children who are legatees, and have an estate for life in 175 acres & an estate for years in 200 acres it must be perfectly clear that the interest of each legatee will not amount to nearly $300. Indeed Susan A.C. Coffman & Juditha Amanda Gardner, the only two legatees who are of age, within the prayer of your Orator Garland T Gardner & wife, in favor of a order for a sale of the land. It is obvious that the said tract of 375 acres would be wholly insusceptible of profitable division, and that whenever it comes into possession it must be sold and the money divided. In tender consideration when of and as your orator are remediless, save in a court of Equity when alone such cases are __ & relievable. Your orator & oratrix pray that Chapman Naylor & Eliza Jane his wife formerly Eliza Jane Gardner, Obediah B. Gardner, Mary Frances Gardner, Martha A. Gardner, George W Gardner, Wilson M Gardner, Columbia Gardner & Sarah Gardner may be made parties defendant to this bill and required to answer the same that the said Martha A Gardner, Obediah B Gardner, Mary Frances Gardner & George W Gardner who are infants under the age of 14 years may answer by their guardian ad lit__ to be appointed by the Court and will grant unto your orator all such other further & general relief as this case may require & shall be consistent with the principles of Equity ******************************** County Court Gardner vs Gardner & others Report of Consent & Bonds of Purchases Filed 28th May 1851 1 Oct 1851 Rec'd the Sig. bonds within mentioned G.T. Gardner To the County Court of Albemarle The undersigned a commissioner appointed by the decree of the County Court of Albemarle in the Chancery cause of Gardner vs Gardner and others begs leave to report that in obedience to said decree he advertised the land in the bill mentioned and proceeded upon the premises to sell the same upon a credit of one, two and three years, requiring in cash forty dollars to defray the expenses of the decree & sale. The said sale took place on the 12th day of September 1850. The tract of land of 375 acres, was by your Commissioner divided into two tracts, he being satisfied the such division would enhance the sale, and make the land bring a better price. Wingfield Via became the purchaser of 155 acres of the land at $3.00 per acre, paid your commissioner $20 cash and executed his bonds according to the terms of sale with Hezekiah Via as his security. William Watson became the purchaser of the balance 220 acres at $2.33 cents per acre, paid your Commr $20 cash and executed his bonds according to the terms of sale with Benjamin B Watson as his security. In both cases the title to the lands was retained as additional security. Your Commissioner has paid Wm Early $20 for processing the decree, Ira Garrett Clerk in __ bills $11.02, to Jonathan Via as auctioneer $1.50. The bonds taken for the purchase of the said land are herewith returned & prayed to be taken as part of this report. All of which is respectfully submitted. Garland T Gardner ********************* Know all men by these presents that we Garland T Gardner & John W. Theyton are held and firmly bound to Ira Garret in the sum of Two hundred dollars, as witness our hands & seals this 17th day of September 1853. The condition of the above obligation is such that whereas Garland T Gardner as commissioner of the County Court of Albemarle has this day collected of Wingfield W Via One hundred and forty eight dollars and 33 1/3 cents. Should said Gardner properly apply said money as commissioner aforesaid then this obligation to be void, else to remain in full force. Garland T Gardner John W. Theyton