Rozena Newberry

Other Events:

• Census 1880: 1880, New Garden, Russell, Virginia, USA

Rozena married John Turner on 01 Oct 1854 in Franklin County, Virginia, USA. John was born in 1832 in Franklin County, Virginia, USA. [Group Sheet] [Family Chart]

Family/Spouse: Harvey Prophett. [Group Sheet] [Family Chart]

Family/Spouse: Living. [Group Sheet] [Family Chart]

1. Celia Rosanna Turner was born in 1858 in Virginia, United States; died on 25 Jun 1942 in Virginia, United States; was buried in Newberry & Wyatt Cemetery, Raven, Tazewell County, VA.

Other Events:

• Census 1820: 1820, Franklin, Virginia, USA; William isn't found in the 1820 census of Franklin, however in the household of Thomas Newberry, there is a white male over the age of 45 living with them. This is probably William, as when William goes away for murder and writes out his will, he includes that Thomas be permitted to live on his land rent free. Indicating that Thomas was already living there and that they were all probably making their home together. Margaret, William's second wife is probably deceased by this time, as she isn't listed in the 1820 census nor is she mentioned in William's will of 1822.
• Witness: 1822, Franklin County, Virginia; Witnesses the will of his father in Law, John Via. Another witness is Thomas Hale.
• Census 1830: 1830, Franklin, Virginia, USA; The female 20-29 is probably Sarah, but her age if off here.
• Deed: 1838, Franklin County, Virginia; Deeds recorded in 1838 mark the sale of Thomas's father, William Newberry's property to Samuel James. The heirs named are: Levi Newberry of Barren Co. Ky; Thomas Newberry and his wife Sarah and their children; John, Sarah and Peter Cochran, Nancy, (Givey (Jincy), Audrey and Vina.
• Census 1840: 1840, Franklin, Virginia, USA

Thomas married Sarah Jane Vier on 17 Dec 1810 in Franklin County, Virginia, USA. Sarah (daughter of John B. Via Sr. and Sarah Wright) was born in 1794 in Franklin County, Virginia, USA; died in 1852 in Franklin County, Virginia, USA. [Group Sheet] [Family Chart]

Other Events:

• Will: 1833, Franklin County, Virginia; Mentioned in her father's will.
• Census 1850: 1850, Franklin, Virginia, USA

Notes:

Birth:
If you go by the age range in the census, she would have been 12ish when she married, either that is wrong or the marriage record wasn't dated correctly.

Will:
I will that my Daughter Sarah Newberry have a certain tract or parcel of land which has been recently marked off in the presence of witnesses, Viz: Beginning on Ingram's line on a corner white oak and Gum on the west Side of the Ridge, thence a Straight line a north course to John Via, Jr. corner Spanish oak on the same ridge to her the same during her life and then to heirs of her body

Died:
Bill was filed in Chancery pertaining to her death, giving death date, children and some grand children's names.

Bill filed September 1852, Final decree 4 Jun 1855

To the worshipful court of the county of Frankin in Chancery

Humbley complaining showeth unto your worships your orator and oratix Peter Cochran and Sally, his wife, formerly Sally Newberry, that Sally (Sarah Jane), the mother of your oratix, departed this life intestate, some time since since and xxx of a small tract of land containing about ___ acres and lying on the waters of Runnett Bag Creek in the county of Franklin. That she left as her heirs at law the following children and grand children your oratix, Sally Cochran who was intermarried with your orator (Peter Cochran), John Newberry, Omey Newberry, Thomas Newberry, Rozina Newberry, Audrey Newberry, Anderson Newberry, Jinsy Keen, formerly Jinsy Newberry, who has intermarried with a certain Jacob Keen, Vina Profitt, formerly Vina Newberry who has intermarried with a certain Austin Proffit, John Ratcliff, Thomas Hess and Sarah Hess, the last three of which are children of Patsy a child of the said Sally Newberry who first intermarried with a certain ______ Ratcliff and whom she had the said John Ratcliff, and after the death of said Ratcliff she intermarried with a certain Hess by whom she had the said Thomas Hess and Sarah Hess and then died. Your Orator and Oratix represent that the said land is of small ??? and insusceptible of division as well on the account as because some of the heirs are married women and under disabilities ?? further respresent than that the inte***n (interest?)

The handwriting was extremely bad and hard to read - basically, the complaint was that the land was too small to divide among all the heirs, and Peter Cochran and his wife wanted to have the land sold and the proceeds divided between the heirs. The land was eventually sold at public auction and sold for $61 dollars, and each heir got their share after court costs.

Notes:

Married:
Newberry, Thos., s. Wm., and Sarah Vier, dau. John, Dec. 17, 1810. Sur. Wm. Boyd.

Other Events:

• PP Tax List : 1787, Campbell County, Virginia, USA; 1 poll; 1 horse; 1 cattle
• PP Tax List : 1789, Campbell County, Virginia; William is listed in the Campbell County Tax list consistently from 1789 until 1795 with 1 poll, 1 horse
• PP Tax List : May 1798, Franklin County, Virginia, USA; William Newberry 1 poll, 2 horses
• PP Tax List : Mar 1799, Franklin County, Virginia, USA; William Newberry 1 poll, 2 horses
• Deed : 6 Jan 1800, Franklin County, Virginia; Deed between William Newberry and Stephen Chidster
• PP Tax List : April 1803, Franklin County, Virginia; 1 tithe, 1 horse - $12
• Census 1810: 1810, Franklin, Virginia, USA
• Resident: 1820, Franklin County, Virginia; William isn't found in the 1820 census of Franklin, however in the household of Thomas Newberry, there is a white male over the age of 45 living with them. This is probably William, as when William goes away for murder and writes out his will, he includes that Thomas be permitted to live on his land rent free. Indicating that Thomas was already living there and that they were all probably making their home together. Margaret, William's second wife is probably deceased by this time, as she isn't listed in the 1820 census nor is she mentioned in William's will of 1822.
• Murder Trial: 1 Oct 1822, Franklin County, Virginia; Tried and confined to 8 years in the penitentiary for 2nd degree murder. There don't seem to be any court records proceeding this, indicating that William probably lead a quiet life with no other troubles before this. Unfortunately, there are no records showing what brought about the trouble that lead to a murder. Little information has been found about James Parker. Some speculate that he may have been a "drummer" a traveling salesman of the time. A James Parker is found in Franklin court records, marrying Charlotte Cockran Sept. 9, 1818. This may or may not be the murder victim.
• Will: 26 Oct 1822, Franklin County, Virginia; William wrote his will the same day he was sentenced to prison. Research indicates that he was likely taken to Penitentiary Hill (on VA 40 east) rather than the state correctional institution in Richmond.

Notes:

Deed :
This indenture made this 6th day of January one thousand eight hundred between Stephen Chidester of the one part and William Newberry of the other part, each of the county of Franklin, witnesseth that for and in consideration of the sum of twenty three pounds ___ money of Virginia to him in hand paid by the said William Newberry the receipt whereof the aforesaid Stephen Chedester dith hereby acknowledge hath given granted bargained and sold and by those presents doth give grant bargin sell deliver and confers unto the said William Newberry a certain tract or parcel of land containing 50 acres be the same more or less bying and being in the county of Franklin and on the south, south side of Mill Branch adjoining John Herd, Samuel Underwood, John Widow (?), Austin & Charles Herd and bounded by as followeth to wit; beginning at a chestnut tree on ___ thence with the same as it meanders to a Synn? thence by old patent line to a Spanish Oak thence same to a Hickory, thence to a Hickory thence to a locust being a new division line on the head of a br. and thence down the same as it meanders to a white oak and thence to the beginning. To have and to hold the said parcel of land together with it's appurtenances to him the said William Newberry his heirs ___ And the said Stephen Chedester doth further ___ and agree to warrant and forever defend the said ____ from and against the claims or demands of all persons in fee simple and witness whereof the said Stephen Chedester have hereto set his hand and seal the day of year first above written. In the presence of us James Radford and James Pemberton and John Heard.

Stephen Chidester

At a court held for Franklin County June 1800. This indenture of bargain and sale between Stephen Chidester of the one part and William Newberry of the second part was proved by the oath of John Heard witness hereto and at ____ hereto for said court Oct 4 1814. The said indenture was further proved by the oath of James Radford another witness hereto who also proved the ___ and the names of James Pemberton at his request and that said James Pemberton has since removed beyond the limits of this state. Whereupon it is ordered that the said indenture be recorded. Test. Caleb Tate CFL

Franklin County Deed Books page 177

Murder Trial:
Newberry Murder Trial, 1822 - Franklin Co. VA

September Court 1822

At a court held for the Franklin County at the Court House the first day of October 1822 for the examination of William Newberry charged with feloniaous homicide in the killing of James Parker in the said County on the twenty second day of September 1822.

(Present) Peter Saunders, Majia Greer Jr. Henry Carper, Edmond Tate and George Memafee--Justices

The said William Newberry was led to the bar in custody of the jailor of the County and thereupon it being demanded of him wheather he's guilty of the offence of which he stands charged or not guilty. Saith that he is in nowise guilty thereof, whereupon the Court proceeded to examine _______, as well in behalf of the Commonwealth as of the prisoner, who was heard by Council in his defence, on consideration whereof it is the opinion of the court that the said William Newberry, for the Homicide aforesaid ought to be tried before the Superior Court of Law of the County at the next term thereof, where upon he is remanded to jail.

John Griffith, Hannah Heard, Ann Parker, Rebecca Parker, Angus McGhee, Abraham Jones and Jacob Sigmon, came into Court and severally acknowledged themselves to be indebted to his Excellency, Thomas M. Randolph Esquire, Governor or Chief Magestrate of the Commonwealth of Virginia, in the sum of one hundred dollars each of their respective lands and tenements, goods and chattels to be levied and to the said Governor and his succesors for the use of the Commonwealth reserved, yet upon this condition that if the said John Griffith, Hannah Heard, Ann Parker, Rebecca Parker, Angus McGhee, Abraham Jones and Jacob Sigmon shall make their personel apperance here before the Judge of the Superior Court of Law of this County on the first day of the next term of the said Court to give evidence in the behalf of the Commonwealth touching the felonious Homicide with which William Newberry is charged and shall not depart hence, without the leave of the said Court, then this Recogonizance to be void.

Majia Greer

Court Disolved

Franklin County, Va record book 8, page 57

Newberry Arraignment and Sentencing, Part 2, 1822 - Franklin Co. VA

Order Book 1, Page 442, (1810-1823) of the Superior Court Franklin County, Virginia

At a Superior Court of law for Franklin County continued and held at the Courthouse the 26th day of October 1822

Present (The same judge as on yesterday)

William Newberry late of the County, labourer, who stands convicted of murder in the second degree was again brought to the Bar in custody of the keeper of the Public jail of this County, and thereupon it being demanded of him if anything for himself he had or knew to say why the Court to Judgment and execution against him of and upon the premises should not proceed and nothing being offered or alleged in delay of judgment therefore it is considerered by the Court that the said William Newberry be imprisoned in the Publick Jail and Penitentiary house of this Commonwealth for the term of Eight years the period by the Jurors aforesaid in their verdict ascertained and that he be kept in solitary cell in the said Jail and Penitentiary house on low and coarse diet for the space of one twelfth part of the said term.

And it is ordered that the Sheriff of this County do as soon as possible remove and safely convey the said William Newberry from the jail of this County to the said Publick Jail and Penitentiary house,therein to be kept imprisoned and treated in the manner directed by the act entitled, an act to reduce unto one act the several acts and parts of Acts for establishing a Penitentiary house and for the punishment of crimes.

And in pursuance of the said Act the Court doth certify that nothing appeared to the Court either in aggravation or extenuation of the offense of the said William Newberry nor did it appear before the said commission of the said murder that he was of a bad or good character or had ever been tried.

*************************************

William appears to have died in the penitentiary (or on his way to it?), and he seems to have recognized before his sentencing that this was likely to occur.

He was tried on 1 October 1822, and sentenced on 26 Oct 1822 to 8 years in the penitentiary, with the first 8 months of that time in solitary confinement with a bread and water diet. Recognizing his likely fate, shortly before his sentencing, William gave power of attorney to William Boyd, which was the name of both his son-in-law, and the son-in-law's father, who was a nearby neighbor of Newberry's.


Will:
When William wrote his will, he was likely was likely preparing for his sentence or had just been sentenced. Found on the same pages as the will in the Clerks office are land transactions conveying land to daughter Sarah (25 Acres) and son Levi (a tract).

Deed Book 10

Know all men by these present that I, William Newberry of the County of Franklin and State of Virginia, have ordained, nominated and appointed, and by these present do hereby nominate, constitute and appoint Samuel Saunders and William Boyd of the said County and State my true and lawful attornies in fact, for the purpose of selling and disposing of my estate goods and effects, real and personal on such terms and in such manner as they may think most conductive to my interest and to make deeds of conveyance therefore to the purchaser or purchasers, to demand and receive the entire proceeds of such sale or sales, to collect all debts that may be due me and grant receipts and acuittances for the same, and to apply the proceeds thereof when collected to the payment of all my just debts.

And my said attornies are hereby desired in the first place, to dispose of my personal property and if sufficient for that purpose to pay and satisfy all claims against me, and in that case my attornies will permit my son Thomas Newberry to live upon the land rent free, during the term of his life, but if the money arising from the sale of the personal estate shall not be sufficient to pay and satisfy all just claims agaisnt my, my attornies will dispose of the land, and apply the proceeds thereof to that purpose, and the balence if over, my attornies after my death will divide equally among my children.

If it shall not be necessary to dispose of my land for the purposes of paying my debts, my attornies will after my death dispose of the same, and divide the money arising from such sale equally among my children.

And I hereby give unto my said attorneys above named full, general and unlimited powers for the transaction of the matters and things above mentioned, and I do hereby ratify and confirm to all intents and purposes whatever they may do in the premises by virtue hereof, Witness my hand and seal this 26th day of October 1822.

William Newberry his mark X

Signed, Sealed and delivered in presence of Ro. T. Woods, Edmund Tate, Chris Clark.

At the Clerks Office of Franklin County the 31st day of October 1822.

This letter of Attorney from William Newberry to Samuel Saunders and William Boyd was proved by the oath of Robert T. Woods and Edmund Tate, two of the witnesses hereto and admitted to record.

Teste. Caleb Tate CFC

Died:
Beginning with the 1820 Land Tax List for Franklin County, William Newberry was accessed for 50 acres on "waters of the Pigg River". The 1824 Land Tax List is the first to identify William Newberry as deceased, suggesting he died between late spring of 1823 and late spring of 1824, while incarcerated.

William married Jane Worley on 8 Aug 1785 in Campbell County, Virginia, USA. Jane (daughter of John Worley (MAYBE - NO PROOF YET) and Dorothy) was born in 1765 in Buckingham County, Virginia, USA; died in 1812 in Franklin County, Virginia, USA. [Group Sheet] [Family Chart]

Notes:

Died:
She was in the 1810 census, and William remarried in 1813, so she died 1811/12

Notes:

Married:
Newberry, William (bachelor) & Jane Taylor (Wid of John Taylor), bond 8 Aug 1785. William Newberry (b) & John Whorley (b); David Collins (w)

A family Bible in possession of relatives in Barren County, Ky, lists Levi Newberry's parents as William and Jane Whirley. Further proving this connection.

This marriage is listed in the Encyclopedia of American Quaker Genealogy. Vol. VI: (Virginia)

Other Events:

• Military: 1781, Amherst County, Va
• Deed : 1 Apr 1787, Franklin County, Virgina; John Peek to John Vier, Sr. DB 3/418
• Tax List: 1788, Buckingham County, Virginia; Listed in the tax lists of Buckingham County from 1788 to 1791 continuously with 1 tithe and 1 horse.
• Tax List: 1791, Franklin County, Virginia; John Via's tax listing for Franklin County begins in 1791 with 170 acres until 1802.
• Migration: 1791, Franklin County, Virginia, USA; Around this time John migrated to Franklin County, as seems he had been buying land there a few years prior.
• Deed: 4 Apr 1791, Franklin County, Virginia, USA; 4 Apr 1791 William Rentfro to John Vie DB 2/187
• Land Grant: 28 Jun 1793, Franklin County, Virginia, USA; There is granted unto John Via Sr. a certain tract of land containing 75 acres....lying and being in the County of Franklin, on the North side of Runnett bagg Creek,
• Deed: 5 Nov 1801, Franklin County, Virginia, USA; Samuel Underwood to John Vier Jr. 45a for 50 pounds, on the South fork of Mill Branch. Wm Newberry is also mentioned in this deed as a land boundary. Obviously where he meets his wife Sarah.
• Deed: 3 Dec 1802, Franklin County, Virginia, USA; Between John Via, Jun. And Sarah Via, his wife, and Henry Rakes 170 acres on Runnet Bag Creek
• Deed : 12 Oct 1803, Franklin County, Virginia; John Vier, Sr. and John Peek to James Canaday DB 4/529
• Deed : 13 Dec 1803, Franklin County, Virginia; John Vier, Sr. to William Martin DB 4/574 Mentions William Martin as his cousin. Was this literal? Or just a term of endearment? If taken literal, that would mean his mother was a Martin.
• Land Sale: 10 Mar 1804, Franklin County, Virginia, USA; Sells 96 acres to William Hale: between John Via Jun of Franklin County of the one part and William Hale of the sd County of the other (also 2 other deeds to Thomas and Francis Hale)
• Land Purchase: 2 Feb 1805, Franklin County, Virginia, USA; 67a on the Branches of Runnet Bag Creek. between James Edwards of the County of Franklin of the one part and John Via Jr of the said County.
• Census 1810: 1810, Franklin, Virginia, USA
• Deed: 6 Jun 1818, Franklin County, Virginia, USA; Between Elisha Rakes of the County of Franklin of the one part and John Vier of the said County of the other part: On the north fork of Turkey Cock Creek and containing sixty seven & half acres
• Land Sale: 11 Aug1818, Franklin County, Virginia, USA; between John Vier Jr of the County of Franklin of the one part and Charles Vest of said County of the other part: 55 acres on the South fork of Mill branch
• Deed: 8 Dec 1819, Franklin County, Virginia, USA; Deed to George Hairstonalso deed from George Hairston, 15 acres: exchanged a piece or parcel of Land with George Hairston joining him on Runnet Bag Creek
• Census 1820: 1820, Franklin, Virginia, USA; Number of Persons - Engaged in Commerce 4
• Deed: 8 Sep 1822, Franklin County, Virginia, USA; between John Via Snr of the one part, of the County of Franklin, State of Virginia, and John Via Jr of the County of Franklin and State aforesd of the other part - 60a on Runnet Bag Creek
• Deed: 11 Jan 1825, Franklin County, Virginia, USA; North side of Turkey Cock Creek. John (now Sr.) and Sarah sell 67-1/2 acres to Anderson Vier for $1 (seems he goes from Jr to differentiate from his uncle to Sr. when his son John becomes of age & listed in records)
• Deed: 16 Apr 1825, Franklin County, Virginia, USA; Charles Vest County of Patrick & John Via Sr. of Franklin Co. 1st part sells to James Canaday for $90.00, 80 acres South Branch of Runnet Bag Creek. John Heards line & Wm Hale, Wm Newberry line, David Griffith & John Megehee lines.
• Census 1830: 1830, Franklin, Virginia, USA; Perhaps John and Sarah are living with a widowed son and grandson?
• Will: 1833, Franklin County, Virginia, USA; My beloved wife Sarah Via, all my lands, etc daughter Sarah Newberry, land; son Anderson, son John, daughter Elizabeth Vest.
• Pension: 24 Jan 1834, Franklin County, Virginia; John B. Via Pension Statement, see above under Military.

Notes:

Birth:
Referred to as both Sr & Jr in Deeds. Knowing his father is Gideon, the Jr may be because of the other John (son of John 1810) in the area. That John MAY be John's (1759) uncle. But again, it's not clear if these Via's were actually related. Name is spelled both Via & Vier

Military:
Revolutionary War Record of John VIER from Franklin Co. VA.

John Vier of Franklin in the State of Va who was a private in the (blank) commanded by Captain (blank) of the Regt. commanded by Col. Taylor in the Va line for 2 years

Inscribed on the Roll of Virginia at the rate of 60 Dollars __ Cents per annum, to commence on the 4th day of March, 1831.

This day Hardin Woods came before me a magistrate for the County aforesaid and made oath that John Via served as a private soldier in the Virginia line under the Command of Col. Francis Tailor, Given from under my hand this the 21st day of October 1820. W.J. Freeland J.P. Buckingham County

This day Littleberry Via came before me a magistrate for the County aforesaid and gave oath that John Via Served as a private soldier in the Virginia line under the Command of Col. Francis Tailor. Given from under my hand this the 21st day of October 1820. W.J. Freeland J.P.

State of Virginia; Franklin County - On this 24th day January 1834 Personally appeared before me Samuel Saunders a Justice of the Peace for the Said County

John Via a Resident of the County of Franklin and State of Virginia aged 76 years who being first duly Sworn according to law doth on his Oath make the following declaration in Order to obtain the benefit of the Provision made by the Act of Congress passed June 7th 1832.

That he enlisted in the army of the United States for term of three years in the County of Amherst Virginia under Capt. Jesse Allen who being deprived of the Command he was Transferred to Capt. Solmon Rice and upon the resignation of Capt. Rice he was marched under the command of Captain Burton in a detachment of the Virginia line Commanded by Colonel Francis Taylor to guard the Prisoners surrendered by Burgoyne; that he was marched and counter marched through the north western part of the State of Virginia and quartered at different Times near the Towns ___ ___ ___ at the warm Springs Shepards town and Martinsburg and being discharged at Winchester Virginia.

Having lost his discharge that he Served the Whole term that he enlisted for, at the different places States as Private Soldier.

He hereby relinquishes every claim whatever to a pension or an annuity except the Present and he declares that his name is not on the Pension roll of any agency in any State or If any, only on that of the Said agency of the State of Virginia.

John Vier (his mark) Franklin County State of Virginia, Viz, Personally appeared before me a Justice of the Peace for the County aforesaid John Via who being duly Sworn deposeth and Saith that by reason of old age and the consequenth loss of memory he cannot Swear Positively as to the Precise Time of his enlistment or the Time of his discharge Nor the Precise Time of his Service at each place that he was Quartered, that he Served - the Period of three years as mentioned as Private Soldier and for Such Service I claim Pension.

John Vier (his mark) Sworn to and Subscribed this 24th day January 1834 before me Samuel Saunders J.P. We Braxton James and Isham Cochrum residing in Franklin County Va. hereby Certify that We are well acquainted with John Via Who has subscribed and Sworn to the Within declaration that We believe him to be 76 years of age that he is reputed and believed in the neighborhood where he resides to have been a Revolutionary Soldier and we concur in that opinion.

Isram Cochrum Braxton James Sworn and Subscribed this 24th day January 1834 before me Saml Saunders J.P. State of Virginia, Franklin County

***************************************

On this the 21st day of January 1843 personally appeared before me James Cannaday a justice of the peace, and as such one of the justices of the County Court of Franklin County & State of Virginia the same being a court of record, Sarah Viah, alias Sarah Vyer, a resident of said County & state, aged about ninety five or ninety six years, who being first duly sworn according to Law, doth, on her oath, make the following declaration in order to obtain the benefit of the provision made by the Act of Congress passed July 7th, 1838:

That she is the widow of John Viah, alias John Vyer, who was a soldier in the Army of the Revolution, and who was enlisted as she has understood by Jesse Allen whose rank she does not know, nor does she know in what corps or regiment he was enlisted. She further states that she has frequently heard her husband speak of his enlistment and services during the Revolutionary War, and particularly of his being detailed to guard a certain body of prisoners to the town of Winchester in this state.

Though her recollection is so much affected by age that - she cannot call to mind the circumstance & events detailed by her husband - She knows however that he served during a considerable portion of the war and that a short time before his death he established his claim to a pension under the Act of Congress, and refers to the evidence furnished by her husband of his services and which she supposes are now on file in the pension office at Washington, and which on account of her husbands death, and her age, and ignorance of her rights heretofore she cannot now furnish again.

She further states she was married to the said John Viah, alias John Vyer on the 4th day of March 1784, that her husband the aforesaid John Viah died on the 7th day of March 1834, and that she has remained a widow ever since that period, as will fully appear by reference to the proof hereto annexd. Sarah Viah (her mark)

Deed :
This Indenture made this first day of April in the year of our Lord one
thousand Seven hundred and Ninety Seven Between John Peek & John Vier
Senr both of the County of Franklin.

witnesseth that for and in consideration of the Sum of Fifteen pounds Lawful money of Virginia to him the said John Peek in hand paid by the said John Via Senr the Receipt whereof he the sd Peek doth hereby Acknowledge have given granted Bargained & Sold and by these Presents doth Grant Bargain Sell deliver and Confirm unto him the said John Via Senr one Certain Tract or Parcel of Land Situate Lying and being in the County of Franklin and on the South fork of Runnett Bag Creek Joining said Peeks lines on the West by a new Division line Begining at a white oak in Peeks and James Cannadays lines thence nearly South two
hundred and twenty poles to a Red Oak in sd old Mead line Between sd Peek and John Heard & thence Round as it meanders nearly West to the first Station on a Corner White Oak and Containing one hundred Acres more or less to have and to hold the said tract or Parcel of Land together with its appurtenances unto the said John Via Senr his heirs or assigns and the said John Peek doth further agree with the said John Vier Sr to Warrant and forever defend the said tract or parcel of Land from the Claims of all Persons unto the said Vier Sr his heirs and assigns in fee simple.

In witness whereof the said John Peek have hereunto Set his hand and Seal the day and year above Written. Sealed and Delivered in the Presence
of James G. Radford.

James G.
Radford
John Peek

Josiah Vier

Memorandum that the day and year above written Quiet and Peaceable Possession and Livery of Seizen of the within granted land Premises was made done & Executed by the within named John Peek unto the within named John Vier Senr according to the within mentioned Deed.

James G.
Radford
John Peek

Josiah Vier

Franklin April Court 1797

The within Indenture together with the __ of Livery and Seizen was
Acknowledged by the within named John Peek to be his Respective act and
deed and the Same was Ordered to be Recorded by the Court.

Test

James Callaway

Tax List:
1790
John Vie 170 acres

1792
John Vie 170 acres

1793
John Vie 170 acres

1794
John Via 170 acres

1795
John Via 170 acres

1796
John Via 170 acres

1798
John Via 170 acres
John Via Senr 75 acres
John Via Jr 300 acres (son of John/Mary Via 1710)
David Via 265 acres
John Via Senr 100 acres

1799
John Via 170 acres
John Vie Senr 75 acres
John Vie Junr 300 acres (son of John/Mary Via 1710)
David Vie 265 acres
John Vie Senr 100 acres

1800
John Vier 170 acres
John Vier Senr 75 acres
David Vier 265 acres
John Vier Jr 300 acres (son of John/Mary Via 1710)
John Vier Senr 100 acres

1801
John Vie 170 acres
John Vie Senr 75 acres
John Via Jr 300 acres (son of John/Mary Via 1710)
John Vie Senr 100 acres
David Vie 265 acres

1802
John Via 170 acres (John sales this land in December of 1802 to Henry Rakes)
John Via Sr 75 acres
John Via Jr 300 acres (son of John/Mary Via 1710)
John Via Sr 100 acres
David Via 265 acres
John Via 45 acres

1803
John Via Senr 75 acres
John Via Junr 300 acres (son of John/Mary Via 1710)
John Via Senr 100 acres
David Via 265 acres
John Via Senr 45 acres

1804

John Vie Senr 75 acres
John Vie Junr 300 acres (son of John/Mary Via 1710)
John Vie Senr 100 acres
John Vie Senr 45 acres
David Vie 265 acres

1805
John Vie Senr 75 acres
John Vie Junr 300 acres (son of John/Mary Via 1710)
John Vie Senr 100 acres
David Vie 265 acres

1806
John Vie Senr 75 acres
John Vie Junr 300 acres (son of John/Mary Via 1710)
John Vie Senr 100 acres
David Vie 265 acres
David Vie Junr 55 acres
John Vie Junr 67 acres

1807
John Vie Senr 75 acres
John Vie Senr 100 acres
John Vie Junr 300 acres (son of John/Mary Via 1710)
David Via 265 acres
David Via Junr 55 acres
John Via Junr 67 acres

1809
John Via Sr 100 acres
John Via Sr 75 acres
David Via Jr 55 acres
John Via Jr 67 acres
David Via 265 acres
James Via 100 acres

1810

John Via Sr 100 acres
John Via Sr 75 acres
John Via Jr 67 acres
David Via Jr 55 acres
David Via 265 acres
James Via 100 acres

1811
John Via Sr 75 acres
John Via Jr 67 acres
David Via Jr 55 acres
David Via 265 acres
James Via 100 acres
John Via Big 50 acres
John Via Sr 100 acres

1812

John Via Sr 100 acres
John Via Sr 75 acres
John Via Jr 67 acres
David Via Jr 55 acres
David Via 265 acres
James Via 100 acres
John Via (Big) 50 acres

1813
John Via Sr 100 acres Runnet Bag
John Via Sr 75 acres Runnet Bag
John Vier Jr 67 acres Runnet Bag
David Vier Jr 55 acres Runnet Bag
David Vier 265 acres Runnet Bag
James Vier 100 acres Chesnut Creek
John Vier (Big) 50 acres Runnet Bag
Josias Vier 150 acres Shooting Creek

1814
John Via Sr 100 acres Runnet Bag SW20
John Via Sr 75 acres Runnet Bag SW20
John Via Jr 67 acres Runnet Bag SW20
David Vier 55 acres Runnet Bag SW18
David Via Sr 265 acres Runnet Bag SW18
James Vier 100 acres Chesnut Creek South 10
John Vier (Big) 50 acres Runnet Bag SW18
Josias Vier 150 acres Shooting Creek SW22
Rowland Vier 75 acres Otter Creek SW18

1815
John Via Sr 75 acres Runnet Bag 20SW
John Via Sr 100 acres Runnet Bag 20SW
John Via Jr 67 acres Runnet Bag 20SW
David Via 55 acres Runnet Bag 18SW
David Via Sr 265 acres Runnet Bag 15SW
Josias Via 150 acres Shooting Creek 22SW
John Via (Big) 50 acres Runnet Bag 18SW
Rowland Via 75 acres Otter Creek 18SW

1816
John Via Senr 100 acres Runnet Bag 20SW
John Via Senr 75 acres Runnet Bag 20SW
John Via Jr 67 acres Runnet Bag 20SW
David Via 55 acres Runnet Bag 20SW
David Via Sr 265 acres Runnet Bag 15SW
John Via (Big) 50 acres Runnet Bag 18SW
Josias Via 150 acres Shooting Creek 22SW
Rowland Via 75 acres Otter Creek 18SW

1817
John Via Senr 100 acres Runnet Bag 20SW
John Via Senr 75 acres Runnet Bag 20SW
John Via Jr 67 acres Runnet Bag 20SW
David Via 55 acres Runnet Bag 20SW
David Via Sr 265 acres Runnet Bag 15SW
John Via (Big) 50 acres Runnet Bag 18SW
Josias Via 150 acres Shooting Creek 22SW
Rowland Via 75 acres Otter Creek 18SW

1818
John Via Sr 100 acres Runnet Bag 20SW
John Via Jr 67 acres Runnet Bag 20SW
David Via Jr 55 acres Runnet Bag 20SW
David Via Sr 265 acres Runnet Bag 18SW
John Via (Big) 50 acres Runnet Bag 18SW
Josias Via 150 acres Shooting Creek 22SW
Rowland Via 75 acres Otter Creek 18SW

1819
John Via Sr 100 acres Runnet Bag 20SW
John Via Jr 67 acres Runnet Bag 20SW
David Via Sr 265 acres Runnet Bag 20SW
Josias Via 150 acres Shooting Creek 22SW
Rowland Via 75 acres Otter Creek 18SW
John Via 67½ acres Runnet Bag 18SW

1820
John Via Senr 100 acres Runnet Bag 20SW
John Via Junr 67 acres Runnet Bag 20SW
David Via 55 acres Runnet Bag 20SW
David Via Senr 265 acres Runnet Bag 20SW
Josias Via 150 acres Shooting Creek 22SW
Rowland Via 75 acres Otter Creek 18SW

1821
John Via Senr 100 acres Runnet Bag 20SW
John Via Jr 52 acres Runnet Bag 20SW
John Via Jr 15 acres Runnet Bag 20SW
David Via 55 acres Runnet Bag 20SW
David Via Senr 265 acres Runnet Bag 20SW
Josias Via 150 acres Shooting Creek 22SW
Rowland Via 75 acres Otter Creek 18SW

1822
John Via Senr 100 acres Runnet Bag 20SW
John Via Jr 52 acres Runnet Bag 20SW
John Via Jr 15 acres Runnet Bag 20SW
David Via 55 acres Runnet Bag 20SW
David Via Senr 265 acres Runnet Bag 22SW
Josias Via 150 acres Shooting Creek 22SW
Rowland Via 75 acres Otter Creek 18SW

1823
John Via Senr 40 acres Runnet Bag 20SW
John Via Jr 60 acres Runnet Bag 20SW
John Via Junr 52 acres Runnet Bag 20SW
John Via Junr 15 acres Runnet Bag 20SW
David Via Sr 265 acres Runnet Bag 22SW
David Via 55 acres Runnet Bag 20SW
Josias Via 150 acres Shooting Creek 22SW
Rowland Via 75 acres Otter Creek 18SW

1824
John Via Senr 40 acres Runnet Bag 20SW
John Via Junr 60 acres Runnet Bag 20SW
John Via Junr 52 acres Runnet Bag 20SW
John Via Junr 15 acres Runnet Bag 20SW
David Via Senr 265 acres Runnet Bag 22SW
Josias Via 50 acres Runnet Bag 22SW
Josias Via 150 acres Shooting Creek 22SW
Rowland Via 75 acres Otter Creek 18SW

1825
John Via Sen Decd 40 acres Runnet Bag Creek 20SW
John Via Junr (Big) 60 acres Runnet Bag Creek 20SW
John Via Junr (Big) 52 acres Runnet Bag Creek 20SW
John Via Junr (Big) 15 acres Runnet Bag Creek 20SW
David Via Senr 265 acres Runnet Bag Creek 20SW
Josias Via 50 acres Runnet Bag Creek 22SW
Josias Via 150 acres Shooting Creek 22SW
Rowland Via 75 acres Otter Creek 18SW

1826
John Via Senr 52 acres Runent Bag Creek
John Via Senr 15 acres Runnet Bag Creek
Anderson Via 67½ acres Turkey Cock Creek
David Via Senr 265 acres Runnet Bag Creek 22SW
Josias Via 50 acres Runnet Bag Creek 22SW
Josias Via 150 acres Shooting Creek 22SW
Rowland Via 75 acres Otter Creek 18SW (indicates Rowland Via was in Buckingham County at this time)
John Via Senr Decd 40 acres Runnet Bag Creek 20SW

1827
John Via Senr (Big) 60 acres 52 acres 15 acres
Anderson Via 67½ acres Turkey Cock Creek
David Via Senr 265 acres 22SW
Rowland Via 75 acres Otter Creek 18SW Rowland in Buckingham Co.
Josias Via 50 acres Turkey Cock Creek 22SW 300 acres Turkey Cock Creek 22SW 150 acres Shooting Creek
John Via Senr Dec?d 40 acres Runnet Bag Creek 20SW
John Via Junr 60 acres Runnet Bag Creek

1828
Anderson Via 67½ acres Turkey Cock Creek 20SW
David Via Senr 265 acres 22W
Rowland Via 75 acres Otter Creek 18SW Rowland in Buckingham Co.
John Via Senr 60 acres Runnet Bag Creek 20SW 52 acres 20SW 15 acres 20SW
Josias Via 50 acres Turkey Cock Creek 22SW 300 acres Turkey Cock Creek 22SW 150 acres Shooting Creek 166 acres Shooting Creek
John Via Decd 40 acres Runnet Bag Creek 20SW
John Via Jr 60 acres Runnet Bag Creek 20SW

1829
Anderson Via 67½ acres Turkey Cock Creek 20SW
David Via Senr 265 acres 22W
Rowland Via 75 acres Otter Creek 18SW
John Via Senr 60 acres Runnet Bag Creek 20SW 52 acres Runnet Bag Creek 20SW 15 acres Runnet Bag Creek 20SW
Josias Via 50 acres Turkey Cock Creek 22SW 300 acres Turkey Cock Creek 150 acres Shooting Creek 166 acres Shooting Creek
John Via Decd 40 acres Runnet Bag Creek 20SW
John Via Jr 60 acres

1830
Anderson Via 67½ acres Turkey Cock Creek 20SW
David Via Senr 265 acres 22SW
Rowland Via 75 acres Otter Creek 18SW Rowland in Buckingham Co.
John Via Sen 60 acres Runnet Bag Creek 20SW 52 acres 15 acres
Josias Via 50 acres Turkey Cock Creek 22SW 300 acres Turkey Cock Creek 150 acres Shooting Creek 166 acres Shooting Creek
John Via Decd 40 acres Runnet Bag Creek 20SW
John Via Jr 60 acres

1831
Anderson Via 67½ acres Turkey Cock Creek 20SW
David Via Senr 265 acres Turkey Cock Creek
Rowland Via 75 acres Otter Creek 18W
John Via Sr 60 acres Runnet Bag Creek 20SW 52 acres 15 acres
Josias Via 50 acres 300 acres 150 acres 166 acres
John Via Sr Decd 40 acres
John Via Jr 60 acres Runnet Bag Creek 20W

1832
Anderson Via 67½ acres Turkey Cock Creek 20W 35 acres Runnet Bag Creek
David Via Senr 240 acres Otter Creek 22W
John Via Senr 60 acres Runnet Bag Creek 20SW 52 acres 15 acres
Josias Via 50 acres 300 acres 150 acres 166 acres
John Via Decd 40 acres
John Via Jr 60 acres
Rowland Via 75 acres Otter Creek 18SW
Isaac Via 80 acres Shooting Creek 20 SW ? from Andrew Boyd dec?d

1833
[not all records included from this year forward, only those Vias I'm sure were born before 1800]
John Via, Senr. 60 acres Runnet Bag Creek
John Via, Senr. 52 acres Runnet Bag Creek
John Via, Jr. 60 acres
Anderson Via 67½ acres Turkey Cock Creek
Anderson Via 35 acres Runnet Bag Creek

1834
John Via, Senr., Decd. 60 acres Runnet Bag Creek
John Via, Senr., Decd. 52 acres Runnet Bag Creek
John Via, Senr., Decd. 15 acres Runnet Bag Creek
John Via, Jr. 60 acres
Anderson Via 67½ acres Turkey Cock Creek
Anderson Via 35 acres Runnet Bag Creek

1835 through 1839
Sarah Via 60 acres Runnet Bag Creek " 52 acres Runnet Bag Creek " 15 acres Runnet Bag Creek " 40 acres
John Via, Jr. 60 acres
Anderson Via 67½ acres Turkey Cock Creek
Anderson Via 35 acres Runnet Bag Creek

1840 through 1844 Sarah Via 20 acres Runnet Bag Creek " 52 acres Runnet Bag Creek
John Via, Jr. 60 acres
Anderson Via 67½ acres Turkey Cock Creek

1845 through 1850 Sarah Via 20 acres Runnet Bag Creek " 52 acres Runnet Bag Creek
John Via, Jr. 60 acres
Anderson Via 37½ acres Turkey Cock Creek

1851 through 1855
Sarah Via 20 acres Runnet Bag Creek " 52 acres Runnet Bag Creek
John Via 60 acres Turkey Cock Creek
John Via 67-1/2 acres Turkey Cock Creek
Anderson Via 37½ acres Turkey Cock Creek

Deed:
This Indenture made this 4th Day of April one Thousand Seven hundred and Ninety one Between William Renfro of the County of Franklin of the one Part and John Vie of the County of Buckingham of the other part Witnesseth
that the said William Renfro for and in Consideration of the Sum of Sixty pounds Current money to him in hand paid by the said John Vie the Receipt he does hereby acknowledge have bargained and Sold and by these Presents
do Grant Bargain sell

Release deliver and Confirm to the said John Vie and his heirs and assigns for ever one Certain Tract of Land being all the Land I now Possess Lying and Being in the County of Franklin on Runnet bag Creek Containing
one hundred and Seventy acres be it more or Less and Bounded as followeth to wit Beginning at a Black Gum in the new Survey South Thirty & half Degrees East one hundred & fifty poles Crossing said Creek on a Branch
to a Beech North Seventy & half Degrees East one hundred & forty Poles to a White Oak North one hundred & Ten poles Crossing a Branch to a Poplar, North Sixty five Degrees East Twenty three poles to a Black Gum South Seventy one Degrees East fifty four poles to the Corner
White Oak in the old Line East one hundred Poles to a Cucumber Tree on a Branch thence Down the Branch to the Creek then north course to the Gum at the Beginning Together with all the appurtenances and Privileges and
the reversion & reversions, remainder & remainders and every part and parcel thereof.

To have and to hold the above Granted Land and premises unto the said John Vie his heirs and assigns for Ever and said William Renfro for him and hisheirs covenant and agree and with the said John Vie & his heirs and
assigns that he the said William Rentfro and heirs the above Granted Land and Premises in an Indefeasible fee simple Estate unto the said John Vie his heirs and assigns against the Claim or Demand of any Person or persons whatsoever shall and will by these presents warrant and for ever Defend in Witness whereof he the said William Rentfro have here unto

Set his hand and affixed his Seal the Day and Year above written.

William Renfro

At a Court held for Franklin County on Monday the 4th Day of April 1791

This Indenture was acknowledged by the within named William Rentfro to be his act and Deed and the Same was ordered to be Recorded.

Teste __ Smith

Land Grant:
John Via Senr 75 Acres Franklin

Exam'd Robert Brooke Esquire Governor of the Commonwealth of Virginia to all to whom these presents shall come Greeting Know Ye that by Virtue of two Land Office Treasury Warrants Numbers twelve thousand six hundred and sixty six, issued the twenty eight day of June one thousand Seven hundred and eighty two, and fourteen thousand two hundred and twenty seven, issued the thirteenth day of September one thousand seven hundred and eighty two.

There is granted by the said Commonwealth unto John Via Senior a Certain tract or parcel of Land Containing Seventy five Acres by survey bearing date the thirtieth day of October one thousand Seven hundred and ninety three, lying and being in the County of Franklin, on the North side of Runnett Bagg Creek, and is bounded as followeth to Wit:

Beginning at a Maple on said Creek in John Peeks line, and with it, North ten degrees West twenty eight poles crossing said Creek to 4 white oak in James Canadys line, and with it North twenty five degrees East seventy six poles to a red oak, thence new lines south fifty eight degrees East sixty eight poles to a white Oak south six degrees West sixty poles to a dogwood south forty two degrees East eighteen poles to a Spanish Oak South twenty two degrees West one hundred and eight poles to a Spanish oak, South thirty five degrees East fourteen poles to a white oak in Samuel Underwood's line, and with it, South forty degrees West Sixteen poles to a poplar on the Creek, and up the same as it meanders to the first station, with its appurtenances to have and to hold the said tract or parcel of Land with its appurtenances to the said John Via Senior and his Heirs forever.

In Witness whereof the said Robert Brooke Esquire Governor of the Commonwealth of Virginia hath hereunto set his Hand and Caused the lesser seal of the said Commonwealth to be affixed at Richmond on the Twenty seventh day of September In the year of our Lord one thousand seven hundred and Ninety six and of the Commonwealth the twenty first Robert Brooke.

Deed:
This Indenture made this fifth day November one thousand eight hundred and one between Samuel Underwood Jun of the County of Franklin of the one part and John Vier Jun of said County of the other part.

Witnesseth that for and in consideration of the sum of fifty pounds in hand paid by the said John Vier Jun the Receipt whereof he the said Samuel Underwood Jun does hereby acknowledge, hath given, granted, bargained & Sold unto the said John Vier Jun a certain tract or parcel of Land Containing forty five acres be same more or less situate, lying and being in the county of Franklin and on the South fork of Mill Branch bounded as follows to wit:

Beginning at John Heard's Corner Dogwood and Branch and thence with said Branch up same to a Corner Dogwood and thence by an old Line to a Hickory on a Ridge thence down said Ridge to a Spring and thence with said Spring Branch to William Newberry's corner white oak on said Branch __ Heard's Line and thence with said line to the beginning

To have and to hold the said tract or parcel of Land together with its appurtenances unto the said John Vier Jun and his Heirs forever and the said Samuel Underwood Jun doth further covenant and agree to and with the said John Vier Jun to warrant and for ever defend the said Tract or parcel of Land against the Claims or demands of all persons unto the said John Vier Jun and his Heirs in fee simple In Witness whereof the said Samuel Underwood Jun have hereunto set his hand & Seal the day and year above written.

Samuel Underwood (his mark) Signed Sealed & delivered in presence of us James Canaday (his mark) James Hall (his mark) George Wright (his mark)

Memorandum that on the day and year above written quiet and peaceable possession, and Livery of Seizen & the within granted Land and Premises was made and executed by the within named Samuel Underwood Jun unto the within named John Vier Jun according to the within written Deed.

Samuel Underwood Jr Delivered in presence of us James Canaday (his mark) James Hall (his mark) George Wright (his mark)

At a Court held for Franklin County at the Courthouse in December 1801 This Indenture of bargain and Sale between Samuel Underwood Jr of the one part and John Via Jun of the other part was proved by the oath of the subscribing witnesses and ordered to be recorded.

Teste James Callaway CFC

Deed:
This Indenture made this third day of December on thousand eight hundred and two between John Via, Jun. And Sarah Via, his wife, of the County of Franklin of the one part and Henry Rakes of this County of the other part, witnesseth that the said John Via for in consideration of the sum of one hundred pounds to have in hand paid by the said Henry Rakes doth hereby acknowledge, have bargained, and sold, and by those Presents doth assign forever one certain tract or parcel of land one hundred & seventy acres to the same more or less, lying and being in Franklin County on Runnet Bag Creek and bounded as followeth:

South beginning at a Black Gum in the new survey, South thirty and half degrees, East on hundred and fifty poles crossing A creek & branch to a Beech, North seventy and half degrees West on hundred and forty poles to a white oak, north one hundred and ten poles crossing a branch to a Popular, North sixty five degrees East twenty three poles to a Gum. South seventy on degrees East fifty four poles to the corner white oak in the old line, thence one hundred poles to a Cucumber tree on a branch, thence North course to the Gum at the beginning, together with all the apertures and privileges and every past and parcel thereof to have and to hold, the above granted land and promises unto the said Henry Rakes, his heirs and assigns forever; and the said John Via, and wife, Sarah Via, for themselves and their heirs, doth further covenant and agree to and with the said Henry Rakes.

That the said John Via and wife the above granted Land and Promises in an indefensible fee Estate unto the said Henry Rakes, his heirs and assigns against the claim or demand of any person or persons whatever shall and will by these presents warrant and forever defend. In witness where of the said John Via and wife have set their hand and affixed their seals the day and year above written.

His John X Via Seal Mark
Sarah Via Seal

Signed, Sealed and Delivered In the presents of us James Staton, George Wright, Moses Roberts

At a Court held for Franklin County at the Courthouse the 6th day of December 1807, This Indenture of bargain and sale between John Via, & Sarah, his wife, of the one part and Henry Rakes of the other was proved by the oath of James Staton, George Wright, and Moses Roberts, the subscribing witnesses, and Sarah the wife being first privately examined according to Law voluntarily relinquished her right of dower in and to the Land and Promises conveyed by this Indenture which is ordered to be recorded.

Teste James Calloway C.C.

Deed :
This Indenture made this twelfth day October one thousand eight hundred and three between John Peek and John Vier Senr of the County of Franklin State of Virginia of the one part and James Canaday of the sd County &
State of the other part

Witnesseth that for and in consideration of the Sum of Fifty pounds current money to them in hand paid by the sd James Canaday the Receipt whereof they do hereby acknowledge Have given, granted, bargained, and sold, and by these Presents doth give, grant, bargain, sell,
deliver & confirm unto the said James Canaday a Certain Tract or parcel of Land, situate lying & being in the County of Franklin and on both sides of Runet bag Creek containing one hundred and eighty acres more or
less and bounded by and in __ within the following Lines as they now Direct.

Begining at a white oak East side Runet bag Creek in James Canadays Lines, thence with his Line crossing sd Creek to a Hickory thence same to a Spanish oak thence same to pointers, thence same to a maple, thence same to a white Oak, thence same to a Dogwood, thence same to a white oak in John Vier Senr new division Line between him and sd Peek thence with same to a white oak in David Viers new division Line between him and sd Jno Peek thence to a white oak in an old division Line formerly made between William Rentfro and sd Jno Peek thence same to a white oak on sd Creek thence up same as it meanders to a Poplar East side sd Creek, thence same to a White
oak in a new Survey made by the sd Jno Peek and Jno Vier Senr thence with same to a White Oak, thence same to pointers to a Oak thence same to a Spanish Oak in a new division Line between Jno Via Senr and James Canaday,
thence same to a sycamore on sd Creek, thence up the same as it meanders to the Begining.

To have and to hold the sd tract or parcel of Land together with its appurtenances to him the sd James Canaday and his Heirs and assigns for ever and the said John Peek and John Vier Senr does jointly covenant and agree to & with the sd James Canaday to warrant and for ever defend the sd Land and Premises from and against the Claims or Demands of all persons unto the said James Canaday, and his Heirs forever in fee simple.

In Witness whereof the said John Peek and John Vier Senr
have hereunto set their hands and Seals the day and year first above written.
John Peek (his P mark)

John Vier (his mark)

Signed sealed & delivered in presence of

William Canaday Jr. James Radford

David Vier (his mark) William King (his mark)

David Vier Junr (his mark)

At a Court held for Franklin County at the Courthouse the fifth day of December 1803

This Indenture of bargain and Sale between John Peek and John Vier Senior of the one part, and James Canaday of the other part was proved by the oath of David Vier, William King and David Vier Junior three of the subscribing witnesses and ordered to be recorded.

Deed :
To all To whom these Presents shall come I John Vier Sen do Give greetings Know ye, That I the sd John Vier Sen of the County of Franklin & State of Virginia for and in consideration of the love, good will and affection
which I have & do bear toward my loving Cousin William Martin of the sd County and State have given and granted, and by these Presents do freely give, grant, deliver, and Confirm unto the sd William Martin his heirs, executors or administrators one certain Tract or parcel of Land containing thirty acres be the same more or less situate, lying and being in the County of Franklin and State of Virginia and on the east side of Runnet bag Creek,
and bounded by & included within the following Lines as they now direct.

Begining at a Sycamore on East side sd Creek in James Cannadays Line, thence with his Line to a red oak in my line and Jno Peeks, thence same to a white oak, thence to a red oak in sd Canadays line thence same to a white oak
an thence same to the Beginning To have & To hold the above granted Land and Premises in fee simple estate to him the sd William Martin and his Heirs &c for ever as his and their proper right and Title without any manner of condition In Witness whereof I the said John Vier Sen have hereunto set my hand and Seal this 13th day of December 1803.

John Vier Sen (his mark)

Signed, Sealed & delivered in presence of us

James Radford Matthew Martin
(his mark) David Vier Jun
(his mark)

At a Court held for Franklin County at the Courthouse the 2nd day of April 1804

This deed of gift from John Vier Sen to William Martin was acknowledged by the said John Vier Sen & ordered to be recorded.

Teste James Callaway CFC

Land Sale:
This Indenture made this tenth day of March in the year of our Lord eighteen hundred and four between John Via Jun of Franklin County of the one part and William Hale of the said County of the other.

Witnesseth that the said John Via for and in consideration of the sum of Twenty pounds to him in hand paid by the said William Hale, the Receipt he doth hereby acknowledge, have bargained and sold and by these Presents doth grant bargain, Sell and deliver & confirm unto the said William Hale, his Heirs and assigns for ever one certain Tract or parcel of Land Containing ninety six acres be the same more or less, situate, lying and being in Franklin County on the Branches of Runnet bag Creek and bounded as followeth, to wit:

Beginning on a Spanish Oak in a Branch old line north nine degrees West Seventy one poles to an Elm on a Branch and down it as it meanders north Seventy degrees East eighty poles to a Gum North Twelve poles to a white oak in his old Line and with it north 70 degrees West one hundred and forty poles to a white oak, north five degrees West forty two poles to a maple in a Branch thence up the same to Heard's corner Dogwood, thence new Line between South and South west course up it north ?Jary? Hill to the road, and the same course continued with the Road joining Francis Hale and Thomas Hale corner Spanish Oak, thence a straite course to a Gum in a Branch, thence down the same to the Beginning To have & To hold the above granted Land and Premises and Privileges thereunto belonging to the said William Hale his Heirs and assigns and the said John Via and his heirs doth warrant and forever defend the above granted Land and Premises unto the said William Hale, his Heirs and assigns for ever

In Witness whereof the said John Via hath set his hand and affixed his seal The day and year above written. John Via Signed, Sealed & delivered in the presence of us Dennis Sheridan, Francis Hale, Thos. Hale.

At a court held for Franklin County at the Courthouse the 3rd day of April 1804 This Indenture of bargain and Sale between John Via of the one part & William Hale of the other part, was proved by the oath of Dennis Sheridan, Francis Hale, Thomas Hale the witnesses hereto and ordered to be recorded. Teste James Callaway CFC

*******************************

10 Mar 1804 John Via, Jr. to Francis Hale DB 4/576-7

This Indenture made this tenth day of March in the year of our Lord one thousand eight hundred and four between John Via Jun of Franklin County of the one part and Francis Hale of the said County of the other

Witnesseth that for and in consideration of the sum of Twenty pounds to him in hand paid by the said Francis Hale, the Receipt whereof the said John Via doth hereby acknowledge Have bargained & sold and by these Presents doth grant bargain, Sell and deliver and confirm unto the said Francis Hale his Heirs and assigns one certain Tract or parcel of Land containing ninety six acres be the same more or less, situate lying and being in Franklin County on the Waters of Runnet bag Creek and bounded as follows to wit:

Beginning at a corner Spanish oak the west side of the Road thence up a Ridge __the South side ten poles to a Dogwood on a Branch South fifty nine degrees East of a South West Course to a white oak, thence old Line South ten degrees East Twenty one poles to Pointers South eighty two degrees East forty two poles to a white oak, South fourteen degrees West Twenty eight poles to a white oak thence new Line East strate course to a Spanish oak on said Road, thence with the said Road to the Beginning.

To have and To hold the above granted Land and Premise with all appurtenances and Privileges thereunto belonging to the said Thomas Hale his Heirs and assigns and the said John Via and his Heirs doth warrant and forever defend the above granted Land & Premises unto the said Francis Hale his Heirs and assigns for ever

In Witness whereof the said John Via have set his hand and affixed his seal the day and year above written. John Via Signed Sealed & delivered in the presence of us Thos Hale, Wm Hale, Dennis Sheridan.

At a Court held for Franklin County at the Courthouse the 3rd day of April 1804 This Indenture of bargain and Sale between John Via of the one part and Francis Hale of the other part was proved by the oath of Thomas Hale, William Hale and Dennis Sheridan the witnesses thereto, and ordered to be recorded.

Teste James Callaway CFC 10 Mar 1804 John Via, Jr. to Thomas Hale DB 4/577

This Indenture made this tenth day of March eighteen hundred four between John Via Jun of Franklin County of the one part and Thomas Hale of the said County of the other part.

Witneseth that the said John Via for and in consideration of the Sum of Twenty pounds to him in hand paid by the said Thomas Hale, the receipt whereof he doth hereby acknowledge have bargained, and sold and by these Presents doth grant, bargain, sell & deliver and confirm unto the said Thomas Hale his Heirs and assigns for ever one certain Tract or parcel of Land lying and being in Franklin County on the Branch of Runnet bagg Creek, containing ninety six acres be the same more or less and bounded as followeth, to wit:

Beginning an old Line Corner white oak thence South seventy six degrees East 30 poles to a white oak, South fifty two degrees East Twenty eight poles to a Spanish oak at a road north 50 degrees East 30 poles to a Gum, north 86 degrees East 22 poles to Pointers north 77 degrees East 26 poles to pointers t a Branch, and down the same as it meanders the same course 62 poles to a Spanish oak north 9 degrees West 76 poles to a Spanish oak on a Branch thence up the same to a Gum, thence Southwest course to a Spanish oak on the west side of the above mentioned road thence a strate course to the Beginning.

To have and To hold the above granted Land and Premises and privileges thereunto belonging unto the said Thomas Hale his heirs and assigns and the said John Via, his heirs doth warrant and for ever defend the above granted Land & Premises unto the said Thomas Hale his heirs and assigns forever In Witness whereof he the said John Via have set his hand and affixed his seal the day & year above written.

John Via Signed, Sealed & delivered in the presence of us Dennis Sheridan Wm Hale Francis Hale At a Court held for Franklin County at the Courthouse the 3d day of April 1804

This Indenture of Bargain and Sale between John Via of the one part and Thomas Hale of the other part was proved by the oath of Dennis Sheridan, William Hale and Francis Hale the witnesses hereto & ordered to be recorded Teste James Callaway CFC



Land Purchase:
This Indenture made this second day of February in the year of our Lord one thousand eight hundred and five between James Edwards of the County of Franklin of the one part and John Via Jr of the said County of the other.

Witnesseth that the said James Edwards for and in consideration of the sum of forty pounds to him in hand paid by the said John Via, the Rect he doth hereby acknowledge have bargained & sold, and by these Presents doth grant, bargain, Sell and deliver and confirm unto the said John Via, his heirs and assigns forever one certain Tract or parcel of Land, containing Sixty Seven acres be the same more or less Situate, lying and being in Franklin County on the Branches of Runnet bag Creek and bounded as followeth, to wit:

Beginning at Robert Hairston's corner Poppler thence new lines north twenty six Degrees East ten poles to a white Walnut, South thirty one degrees East thirty six poles to a white oak, South Seven degrees East thirty two poles to a Poplar, North fifty three degrees West thirty four poles to a Maple on a branch, thence up the same as it meanders to Black Walnut at the head of the branch, thence South Twenty Seven degrees East eighty eight poles to a red oak, South eighty six degrees West fifty six poles to pointers, north ten degrees West Sixty eight poles to a Lowerwood, north Seventy one degrees West thirty poles to a Poplar at the head of Branch thence down the Same as it meanders to a white oak, thence new Line running of a North course to a Persimmon tree on the old Line, thence with that to a red oak corner, north fifty five degrees East forty three poles to a Poplar, north fifteen degrees East forty two poles to a red oak, north seventy degrees East thirty six poles to a white oak South Sixty five degrees East twenty eight poles to a Lowerwood in the said Hairstons line, thence along the same north forty one degrees West forty three poles to the Beginning together with all appurtenances privileges and every part and parcel thereof.

To have and To hold the above granted Land and premises and the said James Edwards for himself and his heirs doth further covenant and agree to and with the said John Via and his heirs that the said James Bedews the above granted Land & premise in an indefeasible fee simple estate unto the said John Via his heirs forever against the claim or demand of himself or any person whatever shall and will by these presents warrant and forever defend.

In Witness whereof the said James Edwards have set his hand and affixed his Seal the day and year above written.

James Edwards Signed, Sealed and delivered in the presence of us Elish Rakes (his mark John Megehee (his mark) Sarah Bantun (her mark)

At a court held for Franklin County at the Courthouse the third day of June 1805.

This Indenture of bargain and Sale between James Edwards of the one part and John Via Jr of the other part was proved by the oath of the three subscribing Witnesses and ordered to be recorded.Teste James Callaway C F C

Deed:
This Indenture made this 6th day of June one Thousand eight hundred and eighteen between Elisha Rakes of the County of Franklin of the one part and John Vier of the said County of the other part.

Witnesseth that the said Elisha Rakes for the consideration of the sum of forty five pounds lawfull money of Virginia to him in hand paid by the said John Via the receipt whereof is hereby acknowledged, hath granted, bargained, Sold and delivered and by these presents doth grant bargain Sell and deliver unto the said John Vier one certain track or parcel of Land lying and being in the County of Franklin on the north fork of Turkey cock Creek and containing sixty seven & half acres more or less and bounded as followeth to wit:


Beginning on a corner Creek thence down the branch as it meanders to a white oak South five degrees West twenty two poles to a hickory, North eighty five degrees West twenty two poles to a hickory, North eighty five degrees West forty four poles crossing north fork of Turkey Cock Creek to a white oak North thirty two degrees West thirty poles to a white oak, North nine degrees East sixty poles to pointers, North forty six degrees West thirty six poles to a white oak, North Forty four degrees East forty six poles to a white oak, South twenty nine degrees East forty poles to a Gum North forty six degrees East forty four poles to a white oak North Eighty one degrees East fifty poles to a red oak, North fifty five Degrees East forty three poles to a poplar, thence along the said line to a new corner on a persimon tree, thence a new division line running Southward to the beginning.

To have & to hold the said Land and premises to him the said John Vier his heirs and assigns forever the said Elisha Rakes for himself his heirs doth hereby warrant and forever defend a good and lawful right and title in fee simple of the aforesaid Land and premises unto the said John Vier his heirs and forever against the claim and demand of all people whatsoever

In Witness whereof the said Elisha Rakes hath hereunto set his hand and affixed his Seal the day and year above written. Elisha Rakes (his mark)

Witness Sam'l Hale John Via Jr. Charles Vest (his mark)

At a Court held for Franklin County September 7th 1818 This Indenture of Bargain and Sale between Elisha Rakes of the one part and John Vier of the other part was proved by the oath of Samuel Hale, John Via Jr., and Charles Vest the witnesses hereto & ordered to be Recorded.

Land Sale:
This Indenture made this 11th Day of August one thousand eight hundred & eighteen between John Vier Jr of the County of Franklin of the one part and Charles Vest of said County of the other part, Witnesseth that for and in consideration of the sum of fifty pounds in hand paid by the said Charles Vest, the receipt whereof he the said John Vier does hereby acknowledge have given, granted, bargained and Sold unto the said Charles Vest a certain track or parcel of Land containing fifty five acres be the same more or less lying and being in the County of Franklin and on the South fork of Mill branch and bounded as follows to wit, Beginning at John Heards corner Dogwood on said branch & thence with said branch up same to corner Dogwood and thence by an old line to a Hickory on a ridge, thence down said Ridge to a Spring and thence with said Spring branch to William Newberry corner white oak in said branch on Heards line, and thence with said line to the beginning To have and to hold the said track or parcel of Land together with its appurtenances unto the said Charles Vest and his heirs for ever, and the said John Vier doth further covenant and agree to & with the said Charles Vest to warrant & forever defend the said track or parcel of Land against the claims or demands of all persons unto the said Charles Vest and his heirs in fee simple in Witness whereof the said John Vier have hereunto set his hand and Seal the day and year above written. John Vier (his mark) Signed, Seal'd and delivered in the presents of us Sam'l Hale John Vier Jr. Anderson Vier At a Court held for Franklin County September 7th 1818 This Indenture of Bargain and Sale between John Vier of the one part and Charles Vest of the other part, was proved by the oath of Samuel Hale, John Vier Jr. and Anderson Vier the Witnesses hereto, and ordered to be Recorded. Teste Caleb Tate C.F.C.

Deed:
8 Dec 1819 John Vier to George Hairston, Sr. DB 9/94

This Indenture made this eighth day of December eighteen hundred & nineteen between John Viers of Franklin County Virginia of the one part and George Hairston Senr of Henry County & State aforesaid of the other part.

Witnesseth that the said John Viers hath exchanged a piece or parcel of Land with George Hairston joining him on Runnet Bag Creek waters containing by estimation Fifteen Acres more or less and bounded as follows at a line marked by Wm Lovett as by agreement of the parties

Beginning at a Stooping corner White Oak by the side of said Hairston's fence, thence a new line south across the old path to a Poplar on the branch on said Viers line, thence down said branch an East course rather South with his line to said Hairston's corner Pointers, thence a North west course with said Hairston's corner Pointers, thence a North west course with said Hairston's to the Beginning.

To have and to hold the aforesaid Fifteen Acres land with all ways, woods, waters and water courses with all hereditaments thereunto belonging or in any wise appertaining free from all encumbrances whatever, to the only proper use & behoof of him the said George Hairston his heirs and assigns forever.

In Witness the said John Viers hath hereunto set his hand and seal the day and year above written.

John Viers (his mark) Signed sealed and deliv'd In presents of John Via Jr. Alvin Lewis Anderson Via

At a Court held for Franklin County June 5th 1820

This Indenture of Bargain and sale between John Via of the one part, and George Hairston Sr of the other part was proved by the oaths of the witnesses whose names are hereto subscribed and the same was ordered to be Recorded.

TesteCaleb Tate CFC8

Dec 1819 George Hairston to John Viers DB 9/95

This Indenture made this eighty day of December eighteen hundred & nineteen between George Hairston Senr of Henry County Virginia of the one part and John Viers of Franklin County and State aforesaid of the other part.

Witnesseth that the said George Hairston hath exchanged a peace of Land with said Viers containing fifteen acres on Runnet Bag Creek waters which joins said Viers and bounded as follows:

Begining on a small chesnut tree near a Gate on said Hairston's line thence a new line South West course to Elisha Rakes line to said Hairston's line and with said Hairston's line to a Poplar, thence an East Course along Rakes line to said Hairston's line to a Poplar corner, thence a North course to the Beginning Chestnut tree.

To have and to hold the aforesaid fifteen acres of Land with all ways, woods, water and water courses, with all hereditaments thereunto belonging or in any wise appertaining free from all encumbrances whatsoever to the only proper use and behoof of him the said John Viers his heirs and assigns and against him the said George Hairston or his heirs and assigns and against all and every other claim or claims of all and every other person or persons whatsoever

In witness I herein hereunto set my hand and seal the day & year aforesaid. Geo HairstonS signed sealed & delivered In presents of John Via Jr'. Alvin Lewis, Anderson Via

At a Court held for Franklin County June 5th 1820

This Deed from George Hairston to John Via was proved by the oaths of John Via Jr, Alvin Lewis and Anderson Via the witnesses hereto and the same was ordered to be recorded.

Teste Caleb Tate C.F.C.

Deed:
This Indenture made this twenty eighth day of September in the year of our Lord one thousand eight hundred and twenty two between John Via Snr of the one part, of the County of Franklin, State of Virginia, and John Via Jr of the County of Franklin and State aforesd of the other part.

Witnesseth that for and in consideration of the sum of three hundred dollars to him in hand paid the receipt whereof he doth hereby acknowledge hath bargained and sold and by these presents doth grant bargain sell and deliver and confirm unto the said John Via Jr his heirs and assigns forever one certain tract or parcel of land lying and being in Franklin County on the West side of Runnet bag Creek containing sixty acres more or less and bounded as follows to wit:

Beginning on sorrelwood tree on Hairston's line, thence new line SW 12 poles to a white oak corner, thence South East down the ridge thirty poles to a corner red oak from thence South to a corner Spanish oak ten poles from thence SE to a poplar corner ten poles from thence a East course about 30 poles to Ingrum's line and from thence to Hairston's line, and with Hairsto'ns line to the Beginning.

To have and to hold the same granted land and premises and privileges there and unto belonging to said John Via Jr, his heirs and assigns and the said John Via Sr his heirs and assigns doth warrant and forever defend the above granted land unto the said John Via Jr his heirs or assigns forever.

In Witness whereof he the said John Via Sr have set his hand and affixed his seal the day and year above written.

John Via Sr (Seal)

Signed seal and delivered in the presents of us Test Thos. Hale, Joseph Russel, Samuel Saunder,s Spencer Cockram, Thomas Newberry.

At the Clerk's Office of Franklin County the 1st day of October 1822 This Indenture of bargain and sale between John Via Sr of the one part and John Via Jr of the other part was proved by the oath of Samuel Saunders, Spencer Cockram and Thomas Newberry, three of the witnesses hereto and admitted to record.

Teste Caleb Tate C.F.C.

Deed:
11 Jan 1825 John Vier, Sr. and Sarah to Anderson Vier DB 11/304

This Indenture made this eleventh day of January one thousand eight hundred and twenty five between John Vier, Sen. and Sarah his wife of the County of Franklin & State of Virginia of the one part and Anderson Vier of said County & State of the other part

Witnesseth that the said John Vier and Sarah his wife for the consideration of One Dollar in hand paid by the said Anderson Vier hath given and the receipt which is hereby acknowledged hath granted, bargained and given & delivered and by these presents doth grant, bargain, give and Deliver unto the said Anderson Vier and his heirs forever one certain tract or parcel of Land lying & being in the County of Franklin on the north fork of Turkey Cock Creek containing Sixty Seven & half acres more or less and bounded as followeth To Wit:

Beginning on a corner birch on a branch thence down the branch as it meanders to a white Oak South five degrees west twenty two poles to a Hickory North Eighty Five degrees West forty four poles crossing North fork of Turkey Cock Creek to a White Oak north Thirty two degrees West thirty poles to a White Oak North Nine degrees East Sixty poles to pointers North forty six degrees west thirty six poles to a White Oak North forty four degrees East forty six poles to a White Oak South Twenty Nine degrees East forty poles to a Gum North forty six degrees East forty four poles to a White Oak North Eighty one degrees East fifty poles to a red Oak North fifty five degrees East forty three poles to a Poplar thence along the said line to a new persimmon corner tree thence across dividing line crossing a South course to the beginning.

To have and to hold the said land and premises to him the said Anderson Vier and his Heirs and assigns forever the said John Vier & Sarah his wife for themselves their heirs doth hereby Warrant and forever defend a good and Lawful right and title in fee Simple of the aforesaid Land and premises unto the said Anderson Vier his Heirs and assigns forever free from the claim or claims of any person or persons whatsoever.

In Witness whereof the said John Vier & Sarah his wife hath hereunto set their hands & Seals the day and year above written.

John Vier Sen

Witness Abr Jones, John Vest, William Irvin (his mark), Joel Hudson (his mark), Littleberry Vest (his mark)

At the Clerks Office of the County Court of Franklin the 2d May 1825

This Indenture of bargain and Sale between John Via Sr of the one part and Anderson Via of the other part was proved by the Oath of Littleberry Vest one of the witnesses hereto And the said Clerks Office 6th October 1828.

This said Indenture was further proved by the oath of John Vest and Joel Hudson two other witnesses hereto and admitted to record.

Teste Caleb Tate CFC

Deed:
Deed Book 13, page 378: Apr. 16, 1825. Charles Vest County of Patrick & John Via Sr. of Franklin Co. 1st part sells to James Canaday for $90.00, 80 acres South Branch of Runnet Bag Creek. John Heards line & Wm Hale, Wm Newberry line, David Griffith & John Megehee lines.

This Indenture made this Sixteenth day April One Thousand Eight Hundred and twenty five between Charles Vest of the County of Patrick & John Vier Senr of the County of Franklin of the one part and James Canaday of the County of Franklin of the other part. Witnesseth that for and in consideration of the Sum of Ninety Dollars to them in hand paid by the sd James Canaday the receipt whereof they the sd Charles Vest & John Vier Senr does hereby acknowledge, have granted, bargained & Sold unto the said James Canaday, a certain Tract or parcel of Land, Containing Eighty acres be the same more or less Situate lying & being in the County of Franklin & on a South branch of runnet bag Creek, and bounded as followeth To Wit Begining on a Branch at pointers formerly a Dogwood on John Heards line & Wm Hale's Corner, thence with said Heards line to a corner White Oak on a branch in Wm Newberys line deceas'd, thence with sd line up sd branch as it meanders to its head to four __ thence up a hill by marked trees to a Corner Hickory in Daniel Griffiths line, thence with it to an Elm, thence same to a double Chesnut tree, thence same to a Corner White Oak in John Meghee Dec'd line, thence with his line running down the south side of a ridge to the Waggon road to a corner Spanish Oak in Wm Hale's line, and thence with his line to the Begining. To Have and to hold the above tract or parcel of Land together with its appurtenances unto the sd James Canaday & his heirs forever & the sd Charles Vest & John Vier Senr does further Covenant and agree to & with the sd James Canaday to Warrant & forever defend the sd Tract or parcel of land against the Claims or demands of all persons unto the sd James Canaday & his heirs in fee simple. In Witness whereof the sd Charles Vest & John Vier Senr have hereunto set their hand & Seals the day and year above written. Charles Vest (his mark)

John Via (his mark)

Signed Sealed and delivered in presence of us Pleasant Canaday John Via Jr. David Rakes Stephen Heard (his mark)

At a Court held for Franklin County the 6th day of June 1825 This Indenture of bargain and sale between Charles Vest & John Via Sr of the one part and James Canaday of the other was proved by the Oath of Pleasant Canaday and David Rakes two of the Witnesses thereto.

And at a Court held for said County the 4th September 1832 This said Indenture was further proved by the Oath of John Via Jr another Witness hereto and ordered to be recorded.

Teste Caleb Tate CFC

Will:
Will of John Via, 1833

Will Book 4, Page 192 Franklin Co. VA

In the name of God, amen.

I John Via Sen of the County of Franklin and State of Virginia being week of body but of good sound mind and mental facilities, and knowing that is appointed unto men once to die, have made and constituted this my last will and Testament, and Revoking all others that have been made by me.

And first I resign my soul to God who gave it, and my body to the Earth from whence it was taken in full assurance of its resurrection at the last day, and as my worldly estate, which it has pleased God to bless me with,

I give and bequeath unto my beloved wife Sarah Via, all my lands, Stock of every description household and kitchen furniture, and every other article to have and to hold the same during her natural life and at her death, I will that my Daughter Sarah Newberry have a certain tract or parcel of land which has been recently marked off in the presence of witnesses, Viz: Beginning on Ingram's line on a corner white oak and Gum on the west Side of the Ridge, thence a Straight line a north course to John Via, Jr. corner Spanish oak on the same ridge to her the same during her life and then to heirs of her body __

And to my Son Anderson Via, I give and bequeath all the residue of my lands including two tracts in one, which is the same I now live on, and also a rifle Gun, to have and to hold the same forever.

And to my son John Via a certain tract of land which I have already Deeded to him __ and at my wife's Death all my movable property of every description to be Equally divided between my two Daughters Sarah Newberry and Elizabeth Vest to have the same forever.

In witness where I have hereunto set my hand and affixed my sealthe 19th day of December 1833. His John X Via Seal Mark Attest Henry B. Johnson Samuel James Isham Cockram His Joshua X Hall Mark Jonathan Hale

5 Mar 1834 Inventory of John Via, Sr., Decd.

At a Court held for Franklin County the 5th day of May 1834

This last will and Testament of John via Sr. Dec'd was produced in Court and offered for probate and the Same being contested by John Via Jr. it was continued, and at a Court held for the said county the 2nd day of June 1834

This said last will and testament was again produced in Court and proved by the oath of Henry B. Johnson, Samuel James, Isham Cockram, Joshua Hall and Jonathan Hale the subscribing witnesses hereto and ordered to be recorded.

And on the motion of Sarah Via who made oath and gave bond and Security according to Law Certificate is granted her for obtaining letters of administration with the will annexed in the Estate of the said John Via Sr. Dec'd in due form of law.

Teste Caleb Tate C.F.C. In obedience to an order of the worshipful Court of Franklin County to us directed after being sworn for that purpose we have proceeded to appraise the property of John Via Dec'd shown to us by Sarah Via Administratrix as follows to wit:

2 Sows and 8 pigs $ 5.50
3 Burrows 10.50
1 Horse 45.00
1 Still 30.00
1 Pot 1.00
1 Old anvil and Some shop Irons 1.50
2 Cows and Calves 18.00
2 Heifers 10.00
1 Whipsaw 1.00
Plantation tools plow gear and log chains 3.00
1 Old jointer and __ .25
3 Wheels 3.50
1 Handsaw 1 Auger 1 Barrel and Iron wedge & c. 2.50
1 Lot of Castings 2.50
1 Saddle and bridle 2.50
1 Old Clock 5.50
1 Pair Steelyards 1.25
1 Old Trunk 1.50
2 Beds and furniture for __ 8.33
1 Rifle Gun 5.00
3 water Vessels .75
1 Lot of Pewter 2.50
1 Set Cupboard ware
1 jug
1 pr cotton cords 1.50
1 Table and 5 Chairs 1.75
1 Wheel Burrow .50
3 Barrels and 3 _ugs .62½
1 Sl_g .25
3 R__ hooks .25

Given under our hands this 30th day of August 1834

James Canaday Henry _ Johnson Jonathan Hale

At a Court held for Franklin County the 3rd day of August 1835 This Inventory and appraisement of the Estate of John Via Decd was returned and ordered to be recorded. Teste Caleb Tate CFC

John married Sarah Wright on 4 Mar 1784 in Buckingham County, Virginia, USA. Sarah was born in 1761 in Buckingham County, Virginia, USA; died in Mar 1851 in Franklin County, Virginia, USA. [Group Sheet] [Family Chart]

Other Events:

• Pension: 1834, Franklin County, Virginia, USA; Sarah's application for her Widow's pension
• Will: May 1851, Franklin County, Virginia, USA; An Inventory of the Property of Sarah Via Dec'd taken by John A. Newberry (Sarah's grandson) Admr of said Sarah Via and appraised by James Ingram

Notes:

Will:
An Inventory of the Property of Sarah Via Dec'd taken by John A. Newberry Admr of said Sarah Via and appraised by James Ingram Appraisement John Griffith March the 17th 1851 Dollars Cents 1 Table .50 2 Whip Saw 1.00 1 Flax wheel 1.50 1 Large pot .50 1 Oven 1.00 Shovel Baker & pot rack .50 Spice Mortar Smoothing Iron & pot Hook 1.00 1 Lot Pewter 1.00 1 Candle Stand & Tin Trunk 1.00 1 Large Trunk .50 Lot of old Irons & tools 2.00 1 pair Still Cards (?) 1.00 1 Large auger & Hatchet .75 Lot spools & Stone pitcher .50 1 Jointer & Ma__ock 1.25 1 Bedstead with the cord .75 2 beds with the furniture & 1 stead 14.00 1 Cow & bell 10.00 1 Still with the cap & ___ and tub 16.50 57.75 Cash $2.50One bond on John Via due the 8th Sept 1848 for 1.6_ James Ingram Jr John Griffith In the Clerk's Office of Franklin County Court the 7th day of April 1851 This appraisement of the estate of Sarah Via Dec'd was exhibited into the said office and admitted to record. Teste M.G. Carper CTC Via, Sarah a list of Property sold by John A. Newberry Admr of Dec'd Sarah Via Dec'd March 17, 1851 List of Sales John A. Newberry 1 Still 17.00 John Griffith 1 Cow & Bell 10.00 Sparrell Via 1 flax wheel 2.00 John A. Newberry 1 large pot .85 Anderson Via 1 Oven & hooks 1.66 Anderson Via 1 Whip Saw 2.06 John Via 1 Pair Stilgards (?) 1.80 Anderson Via 1 Baker & Shovel 1.05 John Griffith 1 Spice Mortar & Pot rack 1.37 1 Smoothing iron Anderson Via Candle Stand & old Cards 1.15 John A. Newberry Jointer, Hatchet & Ma__ock 2.10 James Ingram 1 quart pot .74 Auger drawing knife & ___ hook .64 Wm. Richardson lot old Irons .75 (carried to Sparrel Via account) Anderson Via 1 log chain & chain braces 2.75 John A. Newberry 1 lot Spools & stone pitchers .65 John Via 1 Trunk 1.25 Anderson Via 1 Bed stead with the cord .52 Jackson Via 1 Tin trunk hand saw & hammer 1.50 Isaac Boyd 1 bed & furniture 6.55 Anderson Via 1 bed & furniture 14.30 Isaac Boyd 1 bed stead & cord .46 Anderson Via 1 Table .25 $74.15 In the Clerk's Office of Franklin County Court the 5th day of May 1851 This List of Sales of the Estate of Sarah Via Dec'd was exhibited into the said office and admitted to record. M.G. Carper CTC

Other Events:

• Assembly: 20 Jun 1757, Cumberland County, Virginia; Act of Assembly entitled An Act for Granting Aid to His Majesty, for better protection of this colony
• Tax List: 1764, Buckingham County, Virginia, USA; 1764 - John Worley was listed for personal property taxes in the household of John Douglas, along with 5 slaves. (Overseer for John Douglas?)1773 & 1774 -John Worley was listed for personal property taxes in the household of John Benning, along with Joel Bondurant. Total tithes in 1773 were 9 and total in 1774 were 10 (the rest probably being slaves) Worley and Bondurant being in the employment of John Benning.
• Tax List: 1773, Buckingham County, Virginia, USA; 1773 and 1774 1764 - John Worley was listed for personal property taxes in the household of John Douglas, along with 5 slaves. (Overseer for John Douglas?)1773 & 1774 -John Worley was listed for personal property taxes in the household of John Benning, along with Joel Bondurant. Total tithes in 1773 were 9 and total in 1774 were 10 (the rest probably being slaves) Worley and Bondurant being in the employment of John Benning.
• Land Sale: 16 Apr 1778, Powhatan Co, VA; John Worley of Buckingham County sold to John Moseley 100 acres lying between Moseley and Trent. (Believed to be the land John III inherited in his grandfather's will that his father had rights to live on. Deed Book 1, page 21
• Tax List: 1786, Campbell County, Virginia, USA; John Worley was listed for personal property taxes from 1786 to 1790 in Campbell County. The film began in 1784, when there were no Worleys listed. He did not appear after 1790. In 1790 Moses Worley, age 16-21, was listed with him.
• Witness: 31 Mar 1786, Campbell County, Virginia, USA; A deed from John Dawn to Josias Bullock was witnessed by John Worley and William Dawn. The land sold was 335 acres on the head of Dutchman's Branch, E. side Falling River adjoining William Jones and William Harris. From Campbell Co Deed Book 2, page 401
• Witness: 15 May 1786, Campbell County, Virginia, USA; John & Dorothy Worley witness will of John Dawn. It left everything to his wife Margaret, to be divided among his children, not named, after her death. The will was also witnessed by a John Reynolds. J. Dawn will May 15, 1786, proven Oct 4 1787
• Deed: 7 Sep 1795, Franklin County, Virginia, USA; On 7 September 1795, at Franklin County, VA,, John Worly of Franklin County bought from David Barton (DB 3 p 289) 155 acres on a branch of Auter (Otter) Creek adjoining Ferguson and Barton. In 1798, Barton sold 50 acres to John Radford (DB 3 p 565) which was described as being on the east side of Turkey Branch between John Worly and William Cannaday. Also mentioned was the dividing ridge between Otter and R. Bad Creeks. On the same day he also sold some land to George Staton Jr (DB 3 p 575), described as "on the head of a branch of the south fork of Otter Creek, adj George Staton Sr and John Worley."
• Deed: 7 Feb 1803, Franklin County, Virginia, USA; John Worley sold to William Worley 155 acres on a branch of Auter beginning at a mouth of a branch at [unreadable] thence crossing Otter Branch. Adjoined Ferguson and Barton. DB 4, page 535

Notes:

Birth:
Parent relationship proven by father's will John Worley Sr. Will (Written March 22, 1757, proven in court March 27, 1758)

Name:
What leads me to believe that John is the father of Jane is the fact that he was a bond on her marriage to William Newberry. And at that time in Campbell, there (1786-1790) is was the only Worley listed in the tax record. And in the 1790 tax record, son Moses appears living with him, placing this John as the John who died in Tennessee in 1815.

The problem I have against John being her father is that in 1815 when he died, his will did not list any of Jane's children (Jane had died by that time) in his will, yet he mentioned a grandchild of each of his other children. There could be any number of reasons for that however, so I continue to lean toward John being Jane's father.

Assembly:
At a court for "draughting" soldiers "in pursuance of an Act of Assembly entitled An Act for Granting Aid to His Majesty, for better protection of this colony," the following persons were "adjudged to be soldiers." List of 15 names, including John Worley (sp) Jr, John Whorley (sp) III and Joseph Whorley (sp). They were to be "apprehended" and brought into court in one week. At the follow-up court on June 28, 1757, John Whorley, Jr. and 4 others were dismissed and the others were to be "delivered up to Capt. Poindexter Mosby." (This act probably required each county to supply a number of soldiers) Time frame suggests French and Indian War.

Tax List:
Basing the assumption that this is John Worley III because in 1778 John Worley III of Buckingham Co. sold the land in Powhatan County (formerly Cumberland) that was left to him in John Sr's will (providing that John Jr. be allowed to live out the rest of his life there.) So this sale would have been made after John Jr's death. So John III did, indeed, live in Buckingham Co.

Died:
Records of White County, Tennessee: Inventories and Wills Will Book A, page 34.John Worley III left a will on 11 March 1815 at White County, TN. The Nuncupative Will of John Woosley, Senr, Decd. who departed this life on the third day of March in the year of our Lord, One thousand Eight hundred and fifteen, spoken in the presence of William Kirby, Nancy Kirby and James Woosley shortley before his death committed to writing on the eleventh day of the same month. Towit: The said John Worley, Senr. said in the presence of the said William Kirby about corn gathering time "that he intended to give to James Worley oldest daughter Polly, the feather bed on which her Aunt Polly formerly lay, that he did not wish his son William to have any further benefit of his property, he having devoured what he (the said decedent) had formerly given him, he did not wish him to devour any more. The said John Worley, Senr. Decd. said in the presence of Nancy Kirby on day before his death "that he wished James Worley's oldest daughter Polly to have the feather bed on which his daughter Polly formerly lay and that after James Worley had made himself whole for his care and trouble with him he wished to have the rest of his property equally divided amonst his oldest grand daughters in the several branches of his family". The said John Worley Snr Decd. said in the presence of James Worley that he wished what property he had at his deceased to be equally divided among the two oldest daughters of him, the said James, Elijah Worley's oldest daughter Elizabeth, William Worley's daughter Louise, Moses Worley's daughter Nancy, Joseph Worley's oldest daughter Agnes, Sarah Underwood's oldest daughter Lotta and Finch Worley's daughter Milly - witness our hands and seals this 11th day of March A.D. 1815 William Kirby, Nancy Kirby (their marks), James Worley

John married Dorothy in 1759 in Buckingham County, Virginia?. Dorothy was born in 1742 in Virginia, United States. [Group Sheet] [Family Chart]

Other Events:

• Tax List: 1788, Buckingham County, Virginia, USA; Gideon is listed on the tax lists for Buckingham from 1788 to 1791. Always listed with always taxed with 1 tithe and 1 horse. I can't find him on the Buckingham tax lists after 1791, but know he was there because he gave a disposition to the court in 1815, listing his birth date as 1730.
• Petition: 7 Nov 1791, Buckingham County, Virginia, USA

Notes:

It is possible that Gideon Via, is the son of John Via (married Mary Powtawan) in Amherst. But, DNA doesn't seem to support this. Here are my thoughts on Gideon's Line:

Gideon Via (Buckingham) stated he was born 1730 in an 1815 chancery suit. Gideon Via (Amherst) age is different. Also, Gideon (Buckingham) was in Buckingham in 1788-1791, according to Tax records and a petition he signed for tobacco inspection in 1791. There are records that Gideon (Amherst) was in the Amherst by 1790, which would seem to make them different people.

However, there is a deed in 1795 where the Gideon of Amherst sales the inherited land he got from his father (John) to
Daniel Parrow, This deed claims Gideon now lives in Buckingham. Is this Gideon one in the same? There seems to be evidence for and against this at the same time.

Another problem is the date. John (Mary) being born around 1720, makes him too young to have a child in 1730. The fact that Gideon married in 1759 (there is a record for this) means that he was born at least by 1739 (though he states 1730) I supposed Gideon (Buckingham) could have been off a few years when he stated his age in the in the 1815 chancery suit, but wouldn't he know his birth date?

The other issue with Gideon (Buckingham) is given his age, and IF he was a descendant of Amer Via (which isn't impossible, given the area these Via's lived in) the only two brothers he could be descended from are Robert and William. Robert did have a son Gideon whose age would be right, but that Gideon is definitely accounted for in Hanover county, where Robert lived. All the other Gideon's are born much later and in different counties than this Via family was from. So, if William had a son named Gideon, the age would be right, and it would seem, the only place this Gideon fits IF he is a descendant of Amer.

So in conclusion, I think the Gideon Via of Buckingham and the Gideon Via of Amherst are two different people. And if Gideon (Buckingham) is a descendant of Amer Via, it would have to be through Amer's son, William. I believe it's more likely, given DNA, that Gideon Via of Buckingham is from a completely different line of Via's who were more than likely of German descent, not French.

Email from Elaine Bouscher about Gideon Via

Now, on Gideon Via I do not think his family line comes from Amer Via. We have 6 members in our DNA Project that has Gideon Via for their Via family line.  They match each other, but NO other Via?s in our DNA Project!  And their DNA results say that their Ancestor came from Germany not France.  Their DNA says that their ancestor comes from the House of Wettin.  You can Google - House of Wettin.

Birth:
23 Jun 1814 Gideon Via living in Buckingham County, Virginia, deposed in a chancery suit, says that he was born in 1730. (Chancery Suit: Allen vs Hylton O.S.244;N.S. 86 - Bill 1814)

Albemarle Co was formed in 1744 from Goochland Co.

Petition:
A number of Freeholders in Buckingham County show the General Assembly of Virginia that an Inspection of tobacco at the mouth of Bent Creek in this county will be of infinite utility - it being the most eligible situation on the river between Lynchburg and Warminster with an easy road for the conveyance of produce from the adjacent counties (to wit) Campbell, Prince Edward, Charlotte, and Amherst. The petitioners ask that an act be passed for erecting warehouses at the mouth of Bent Creek on the lands of John Horsley. Signatures: William Barksdale Francis Eperson Jno Chambers Jesse Layn, William Goin LittleBery Via, John Layn, Charles Lane, John Wrightn Gidin Viern William Viern David Viern Robt Vian Williamm Horsley (and others)-- Virginia Genealogical Series Society Quarterly, Series XXXII, Vol. 4, November 1, 1994;

Gideon married Isabel (Horsley ?) on 21 Mar 1759 in St. James Parish, Goochland, Virginia. Isabel was born in 1728 in Albemarle County, Virginia; died in in Buckingham County, Virginia, USA. [Group Sheet] [Family Chart]

Notes:

Birth:
I don't know where the name Horsely came from. Some researchers have her fathers name as Rowland Horsley. Rowland Horsley and William Via (son of Amer seemed to be friends)

But I'm not sure Gideon Via is even related to the Amer Via and his sons, but unsure where any of this fits.

Notes:

Married:
21 Mar 1759 Gideon Vie to Isabel ____ (Douglas Register, p. 4)