Will and Probate for Elverton A. Shands
September 19, 18712949
To A M Newman Commissioner of the Circuit Court for the County of Rockingham State of Va
Your petitioner Martha Shands Executrix of the estate of Elverton A Shands decd respectfully represents
That – E Shands decd aforesaid of the County of Rockingham & State of Virginia on the 17[SUP:]th[:SUP] day of July 1861 made and signed his last will and testament a true copy of which is herewith filed as part of the petition marked (A) and that the said will was properly authenticated & admitted to record in the county Court of Rockingham & was destroyed with the records of said County during the late war by Genl Hunter’s army.
Your petitioner desires to establish the said will of E A Shands decd the contents of which are fully set forth in the aforesaid copy herewith filed as aforesaid.
Your petitioner (Martha Shands wife & executrix of the said E A Shands decd) further represents that she and his five children Mary S Bowers & James R Bowers her husband William Shands and Sallie R Shands and the infant children Frank R Shands and Elverta A Shands are the persons who may be affected by such proof & re-establishment of said will.
Your petitioner asks that a guardian ad litum be appointed to attend to the case on behalf of said Frank R Shands & Elverton A Shands infants.
Respectfully Submitted
Sept 19, 1871
Martha Shands
Will of EA Shands
In the name of God Amen, I E A Shands knowing the uncertainty of human life do make and publish this my last will and testament. After the payment of my just debts I devise all my estate real and personal to my beloved wife during her life and at her death to my children. If she thinks she can better her condition or that of her children she can sell any portion of my real estate.
I appoint my wife and my brother Wm B Shands as my executors and require no security.
Wittness my hand and seal this 17[SUP:]th[:SUP] day of July 1861
E A Shands
Above is a true copy of my brother E. A. Shand’s will. It was copied from the original will before it was proved. While in the possession of his will, I copied it on my last visit to Rockingham. I think it was in October or September 1862. Being one of the executors named in the will, I copied it for my own information. I have recently found it among my papers, and copied it for the information of all parties interested.
Jerusalem, August 14, 1869
Wm B Shands
A true copy of a paper marked “A” filed with the petition of Martha Shands to establish (under the act of Gen’l Assembly of Va of Feb’y 1871) the contents of the last will & testament of E. A. Shands, dec’d.
Teste – F. A. ?
Commissioners Office
Harrisonburg Oct 2 1871
Met pursuant to ?
Wm Shands is hereby appointed Guardian ad Litem for the infant ? Frank R Shands and Elverton A. Shands. Present Wm Shands Guardian ad Litem for infant ? , L. W. Gambill a witness introduced by the ? being sworn ? and says
Question by ? – Examine Exhibit “A” and state whether that paper contains the contents of the last will of E A Shands dec’d and all your recollections about said will & as to it having been admitted to probate &c
Ans – Shortly after the death of Mr. Shands Mrs Shands asked me to go to his house and examine the papers of her dec’d husband to ascertain whether he had left a will. I did so and found such will. I read it to Mrs Shands at the home and the same was admitted to probate in the County Court of Rockingham County but was destroyed when the records of the clerk’s office were burned by the Federal Troops. My recollection of the contents of said will is perfect and Exhibit A is a true copy of said will. The will was admitted to probate whilst I was clerk of the County of Rockingham.
And further this deponent says not – L W Gambill
The foregoing deposition was taken before the undersigned subscribed and sworn to at the time and place named in the caption.
A M Newman
Martha Shands vs Wm Shands &c
Upon a petition to prove the contents of the will of E A Shands dec’d which has been destroyed after probate
A M Newman a special comm. appointed by this court under the act of the Gen’l Assembly of Va passed Feby 1867 having returned to this court in the manner prescribed by law the report and accompanying papers showing that on the 19[SUP:]th[:SUP] day of Sept 1871 Martha Shands filed her petition with the said comm. In his office in accordance with the provisions of said act to establish the last will & testament of E. A. Shands and it further appearing from said report and the accompanying papers that reasonable notice of the time and place of proceeding on said petition was given to all parties interested and it appearing that Wm Shands who was appointed Guardian ad Litem for the infants interested was present at the proceedings under said petition and it appearing further from the depositions taken by said Comm. Newman that the paper marked “A” and filed with his report is a true copy of the last will of E. A. Shands Dec’d and that the original will was destroyed after probate in the County Court of Rockingham County it is ordered that the said Exhibit A be recorded in the will book of the clerk’s office of the County Court of Rockingham County as the true will and testament of said E. A. Shands to have the same effect and force as if it was his original will and a duly attested copy of said exhibit A be filed with the papers in this cause.
