Notice: Will Book 3

Submitted by Charolette “Chocy” Brown
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"Superior Court Will Book 3, Frederick County, Virginia-Note of Explanation"

 

(1st Page)

                Will Book Number 3 of the Superior Court of Law for Frederick County was lost many years ago. (Probably when the books of this office were removed to Page County for preservation during the War Between the States, 1861-1865). It was determined to repair this loss, as far as possible, by copying in this book such of the original instruments as were still on file and which had been recorded in the lost book. Proof of the contents of that book was obtained by a search of the order books of the Superior Court, and by this proof the original documents on file were identified. From the proof of these order books it would appear that all of the instruments recorded in the lost book have been found and copied in this book, with the exception of the will of Martin GARNET, which could not be found. However, the order of probate of this will has been copied on page 109.

                The spelling, punctuation, capitalization and arrangement of the originals has been followed as far as it was possible in typewritten copy.

                Other instruments of the period covered by the lost book were found in the files, and though these had apparently not been ordered recorded, they had been filed pending such order. These have been preserved in this book, beginning on page 193.

                See order of court, page 306 of Law Order Book number 24, directing this book to be prepared in order to replace the lost book.

 

(2nd Page)

                Circuit Court of the County of Frederick, Virginia, on the 18th day of April, in the year of our Lord One Thousand Nine Hundred and Thirty Nine.

 

PRESENT:  THE HONORABLE PHILIP WILLIAMS, JUDGE.

REPLACEMENT OF LOST WILL BOOK NUMBER 3 OF THE SUPERIOR COURT OF LAW FOR FREDERICK COUNTY.

                                It appearing that Will Book Number 3 of the Superior Court of Law for Fredrick County was lost many years ago. (Probably when the books of the Frederick County Clerk's Office were removed to Page County for preservation during the War Between the State, 1861-1865). It also appearing from the order book of that court what writings were recorded in its Will Book Number 3; and it appearing that all of the said writings, save one, have been found in the files of the Frederick County Clerk's Office, save one, and have been identified by the orders admitting them to record; the one excepted being the will of Martin GARNET.  It appearing, further, that all of the said writings have, under the direction of the clerk of this court, been copied in a bound book entitled "Superior Court Will Book No. 3"; and that the order of court admitting the will of Martin GARNET to record has been copied on page 109 of this book:

                                It is therefore ordered that this book shall be an official record book of the clerk's Office of Frederick County, and that the re-entries therein of the writings admitted to record by the Superior Court of Law for Frederick County shall have the same effect as the original entries.

                                It further appearing that other writings than those mentioned above were found in the files of the period covered by Superior Court Will Book Number 3. These had been filed pending requisite proof to entitle them to be admitted to record, but no order admitting them to record appears in the order book. Nevertheless, for the information these writings contain, for their preservation, and because they were on file, it appears proper that they be copied in Superior Court Will Book Number 3:

                                It is therefore, ordered that said writings, which appear beginning with page 193, shall be, and they have been, copied in said book.

PHILIP WILLIAMS     JUDGE

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