Court Cases for Martha J. Smith
Circuit Court, Rockingham County, Virginia, November 24, 18872949
To the Honorable Wm McLaughlin Judge of the Circuit Court of Rockingham County: Humbly complaining your orators: M F Steigle, J C Steigle, Martha Shands, in her own right and as executrix of her late husband E A Shands, Sallie Shands and Elverton A Shands adult children of said E A Shands deceased and devisees under his will; respectfully represent that in the lifetime of the said E A Shands he was possessed of certain real and personal property; that on the x day of x 186x the said E A Shands departed this life, having previously to wit on the 17[SUP:]th[:SUP] day of July 1861 made his last will and testament; that on the 7[SUP:]th[:SUP] day of November 1871 the said will was duly admitted to probate in the County Court for Rockingham County, an office copy of which is herewith filed marked “E A S Will” and prayed to be taken and read as a part of this bill. The said E A Shands died on the x day of x 186x, leaving him surviving the following Martha Shands his widow, and William Shands, Sallie Shands, Frank Shands, E A Shands and Mary Shands his children.
The said Mary Shands his oldest daughter intermarried with one Jas. R. Bowers and on the x day of x 187x she departed this life leaving her surviving the following children, Martha Bowers, William Bowers and John Bowers – all of whom are under the age of 21 years. The said William Shands intermarried Annie Smith and on the x day of x 187x departed this life leaving an only child an infant son Wm Shands. The remaining children of the said E A Shands deceased still survive as above described but Frank Shands has by deed of bargain and sale conveyed all his interest in his fathers estate to E A Shands, a copy of which deed is herewith filed marked “Deed FR”. On the 2[SUP:]nd[:SUP] day of August 1886, your oratrix M F Steigle contracted with the said Martha Shands, Sallie Shands and E A Shands for the purchase of a certain tract of land containing about 144 acres situate about one mile SW of Harrisonburg, Virginia upon the Valley Turnpike, which tract consists of a parcel of 46 acres of which the said E A Shands died seized and possessed, and another parcel of about 98 acres adjoining the above tract which was purchased by Martha Shands as executrix of, and with money belonging to the estate of her late husband of one Geo W Effingen, the same being conveyed to her in her capacity as said executrix. The terms of said purchase are set forth fully in the contract herewith filed marked “Contract MFS”.
Complainants show unto your honor that a doubt has arisen under the said will of E A Shands, as to the power of said Martha Shands as executrix therewithen to sell and convey in fee simple the property above described and your complainants bring the said will itno court and ask your honor to con? The same, ascertain the rights of all partied interested therein, and decree accordingly.
Your oratrix Martha Shands shows ? the court that she is now of advanced age; that she is no longer able to manage satisfactorily the said farm, only she and her daughter Sallie residing thereon, and the employment of a tenant being necessary, and that she believes it is to her interest and to the interest of her children to make sale of said property.
The surviving adult children coincide in this view as is shown by their writing in the contract of sale to oratrix Steigle.
While your oratrix Martha Shands believes that she has the right under the will of her husband to sell and convey in fee the property in question, and to dispose of the proceeds thereof as she thinks to the best interest of herself and of her children, yet out of abundant caution, she comes into court and asks your honor that her rights and powers in this regard may be adjudicated.
? consideration of the previous and forasmuch as complainants are without remedy save in a court of equity, where matters of this sort are properly cognizable, your orators pray that you honor may construe the aforesaid will, adjush and ascertain the powers of said executrix and determine the rights of all parties interested, that Wm Shands infant son of William Shands deceased, Wm Bowers, Martha Bowers and John Bowers infant children of Mary Bowers deceased, may be made parties defendant to this bill and required to answer the same. Answer under oat being specially waived; that a guardian ad litem may be appointed for this purpose and all purposes proper for the defense of the infants interests; that proper ? may issue and that your orators may have such other and further general relief as the circumstances of the case may warrant or equity and goods conscience require, and they will ever pray
EA Shands, Martha Shands, Sallie Shands, MF Stiegle & ?, By Counsel
The answer of A N Black guardian ad litem for Wm Shands infant son of Wm Shands deceased and Martha Bowers, John Bowers and Wm Bowers infant children of Mary Bowers (nee Shands) deceased, infant defendants to a bill in Chancery exhibited against them by Martha Shands and others in the Circuit Court of Rockingham Co; this respondent says that he knows nothing whatever of the facts alleged in said bill or of anything in regard thisto, but asks the probation of the court for his infant defendants and leaves all their rights in the hands of the cour, and having fully answered pray leave to be dismissed with costs &c.
As all matters of dispute in this cause are settled this cause is ordered to be stricken from the docket of the Court,
