Mary (Powhatan?)

Notes:

Birth:
Researchers claim she was from the Powhatan tribe, hence the last name, but I don't know where this info came from - it's long standing however, so I left it for now.

Died:
Based on the fact that she is not listed in husband John's will

Mary married John Via Sr. in 1728 in Amherst County, Virginia. John was born in 1710 in Virginia, United States; died in 1783 in Amherst County, Virginia. [Group Sheet] [Family Chart]

Other Events:

• Witness: 30 Sep 1762, Albemarle County, Virginia; Witness to will of David CourseyAlbemarle Wills 3/251
• Tax List: 1773-1774, Buckingham County, Virginia, USA; 1773 David Via 0 tythes1774 David Via 3 tythes
• Mirgration: 1774, Amherst County, Virginia; Mirgrated to Amherst County around this time.
• War: 5 Feb 1776, Amherst County, Virginia; David Via (Viar, Viah) enlised for a term of two years. He was a private in Capt. David Stephenson's Co. of the 8th Virginia Regt. of Foot, Commanded by Col. Abraham Bowman. --Amherst Co. Va in the Revolution by Lenora H. Sweeny (1951)
• Military: 14 Jan 1781, Amherst County, Virginia; David Via served in Captain William Tucker's company of Militia of Amherst Co., Virginia January 14, 1781. Discharged March - served 72 days.
• Deed: 15 Nov 1796, Franklin County, Virginia; Deed from Samuel Underwood to David Vier, 265 acres, Franklin Co. VA situated both sides of Runnett Bagg Creek Joining Peeks and Viers line
• PP Tax List : 1782-1797, Amherst County, Virginia; 1782 1 tithe, 3 cattle1787 1 horse, 3 cattle; 1788 1 horse; 1789 1 tithe, 1 carriage; 1790 1 tithe, 1 carr; 1791 3 tithe, 2 horses; 1792 2 tithe, 3 horses; 1793 1 tithe, 3 horses; 1795 2 tithe, 3 horses; 1796 2 tithe, 2 horses; 1797 1 tithe, 2 horses
• Deed: 18 Sep 1797, Amherst County, Virginia; Deed from David & Elizabeth Via to Thomas Spradling, all of Amherst, 79-1/2 acres, part of a tract left to David by father, John.
• Deed: 29 Mar 1798, Franklin County, Virginia, USA; John Peek to David Vier, 50 acres for seven pounds ten Shillings ... Lying and being in the County of Franklin & on the west side of R. Bagg Creek between sd Peek & John Vier Jr.
• PP Tax List : 1798 - 1821, Franklin County, Virginia, USA; Can be found in the Personal Property Tax List from 1798 til 1821
• Deed: 30 May 1823, Franklin County, Virginia, USA; David Via deed to Josiah Via, 55 acresfifty acres be the same more or less situate being and lying in Franklin County on the West side of Runet Bagg Creek between sd David Via and John Heard
• Will: 19 Sep 1824, Franklin County, Virginia, USA; Will of David Via of Franklin Co. VAidentifies children as James, Richard, Josiah, David, Judy, Sucky, Phebe
• Deed: 6 Nov 1830, Franklin County, Virginia, USA; DB 13/260? Sale of land, 25 Acres from David Via to James Cannaday
• Will: 2 Jul 1832, Franklin County, Virginia, USA; At a Court held for Franklin Co at the Courthouse the 2nd day of July 1832 This last will & Testament of David Via was produced in Court & proved by the oath of James Canaday & Francis Hale two of the Subscribing Witnesses hereto & ordered to be recorded.

Notes:

Deed:
This Indenture made this fifteenth day of November one thousand seven hundred and ninety six between Samuel Underwood Senr and David Vier both of the County of Franklin

Witnesseth that the said Samuel Underwood Senr for and in consideration of the Sum of thirty pounds Property to him paid by the sd David Vier the Receipt Whereof he doth hereby Acknowledge have Given granted Bargained and Sold & by these presents do give grant alien enoff & confirm unto the said David Vier a Certain tract or parcel of Land Containing two hundred and Sixty five acres be the same more or less, Situate, Lying and being in the County of Franklin on both sides of Runnett Bagg Creek Joining Peeks and Viers line and bounded as followeth to wit

Begining at a Poplar in Peeks line thence a new line No 40 degrees East 60 poles to a white oak N11 degrees E 44 poles to a white oak N 76 E 47 poles to a Red Oak N 56 E 55 poles to a white oak in John Smiths line and with it N 70 E 76 poles to a poplar on a Branch thence down the Same as it meanders to a dogwood in John Viers line & with it N 38 W68 poles to a Gum thence along an old Division Line between sd Vier & David Viar partly West Crossing R Bagg Creek to the mouth of a branch thence up the Same as it meanders to the Point of a Ridge and Still up the same Ridge to Peeks Spanish oak Corner and thence with his line as it meanders Crossing said Creek to the first Station to have and to hold the said tract or parcel of Land together with the appurtenances unto the said David Vier his heirs and assigns forever and the said Samuel Underwood Senr doth further warrant and forever defend the said tract or Parcel of Land against the claim or dem'd of all persons unto the said David Vier his heirs and assigns forever in fee Simple

In Witness whereof the said Samuel Underwood Senr have hereunto set his hand and Seal the day and Year first above written. Samuel Underwood In presence of John Peek John Vier Josias Vier Franklin April Court 1797 The within Indenture was acknowledged by the within named Samuel Underwood to be his Respective act and Deed and the Same was ordered to be Recorded by the Court. Test James Callaway CFC

Died:
Will probated July 2At a Court held for Franklin Co at the 2nd day of July 1832 This last will & Test of David Via was produced in Court & proved by the oath of James Canaday & Francis Hale 2 of the Subscribing Witnesses hereto & ordered to be recorded

Family/Spouse: Elizabeth Martin. Elizabeth was born in 1740 in Franklin County, Virginia, USA; died in 1836 in Franklin County, Virginia, USA. [Group Sheet] [Family Chart]

Other Events:

• Land Grant: 28 July 1796, Franklin County, Virginia, USA; 300 Acres Franklin Examined & delivered Peter Saunders Robert Brooke Esquire Governor of the Commonwealth of Virginia To all To whom these presents (more...)

Family/Spouse: Mary Moore. [Group Sheet] [Family Chart]

Notes:

Birth:
Named in Father John's Will

Notes:

Birth:
Named in Father John's Will

Other Events:

• Census 1810: 1810, Franklin, Virginia, USA
• Census 1820: 1820, Franklin, Virginia, USA
• Deed: 30 May 1823, Franklin County, Virginia, USA; David Via deed to Josiah Via, 55 acres West side of Runet Bag Creek.
• Tax: 1813-1826, Franklin County, Virginia, USA; 150 acres on Shooting Creek listed on tax records from 1813 to 1826
• Tax List: 1827, Franklin County, Virginia; Josias Via 50 acres Turkey Cock Creek 22SW 300 acres Turkey Cock Creek 22SW 150 acres Shooting Creek
• Census 1830: 1830, Franklin, Virginia, USA
• Tax List: 1828-1832, Franklin County, Virginia; Josias Via 50 acres Turkey Cock Creek 22SW 300 acres Turkey Cock Creek 22SW 150 acres Shooting Creek 166 acres Shooting Creek
• Deed: 2 Feb 1833, Franklin County, Virginia, USA; Josiah Via of the County of Franklin and state of Virginia of the one part and James Via of the same County and State 50 acres on the Waters of Runnet Bag Creek.
• Deed: 4 Nov 1833, Franklin County, Virginia, USA; David, Josiah, Richard and James Via to James Canaday disposing of estate of father, David on the Waters of Runnet Bag Creek
• Deed: 11 Dec 1834, Franklin County, Virginia, USA; Josia Vis to Isaac Via both of Franklin, for $300 land lying on Turkey Cock Creek on the waters of Smiths River containing Three Hundred acres
• Deed: 13 Jan 1838, Franklin County, Virginia, USA; Geroge Whorley to Josiah Via both of Franklin, for $200 2 tracks of land lying on the waters of Shooting Creek containing 315 acres.
• Census 1840: 1840, Franklin, Virginia, USA
• Census 1850: 1850, Franklin, Virginia, USA

Notes:

Birth:
Child of David confirmed by David's Will

Deed:
30 May 1823 David Via to Josiah Via DB 10/278

This Indenture made this 30th day of May in the year of our Lord 1823 between David Via of the County of Franklin and State of Virginia of the one part and Josiah Via of the County and State aforesaid of the other part.

Witnesseth that for and in consideration of the sum of seven pounds ten shillings to him in hand paid by said Josiah Via the receipt whereof he doth hereby acknowledge, have given, granted, bargained and sold & by these presents doth give grant deliver and confirm unto the saidd Josiah Via a certain tract or parcel of land containing fifty acres be the same more or less situate being and lying in Franklin County on the West side of Runet Bagg Creek between said David Via and John Heard and bounded as followeth to wit:

Begining at Peeks corner white oak, thence new line 113 poles to a white oak on land branch in James Canaday's line thence with his line 42 poles to Herds corner red oak thence with his line 40 poles to a Spanish oak, thence 38 poles to a red oak, thence twenty poles to said David Via old line, and with it to the Beginning.

To have & to hold the said land with all its appurtenances unto the said Josiah Via his heirs and assigns forever, the said David Via doth warrant and for ever defend the said land from the claim or claims of all persons unto the said Josiah Via and to his heirs forever.

In Witness whereof the said David Via have hereunto set his hand and affixed his seal. David Via

Test Thos Hale Phebe Via Frances Via

At the Clerks Office of Franklin County the 2nd day of June 1823 This Indenture of bargain and sale between David Via of the one part, and Josiah Via of the other part was acknowledged by the said David Via and admitted to record.

Teste Caleb Tate C.F.C.

Deed:
2 Feb 1833 Josiah Via to James Via DB 13/458

This Indenture made and entered into the second day of February in the year of our Lord, one thousand eight hundred and thirty three between Josiah Via of the County of Franklin and state of Virginia of the one part and James Via of the same County and State of the other part.

Witnesseth that the said Josiah Via for and in consideration of the sum of fifty dollars to him in hand paid by the said James Via the receipt whereof is hereby acknowledged by the said Josiah Via have granted bargained sold and delivered and by these presents do grant bargain sell and deliver unto him the said James Via & his heirs forever one certain tract or parcel of land lying and being in the County of Franklin and State of Virginia on the waters of Runnet bag Creek containing by estimation fifty acres be the same more or less and bounded as follows to wit.

Beginning at a corner White oak on James Canadays land thence new line 113 poles to a white oak crossing the land branch in said James Canadays line thence with his line 42 poles to said Canadays corner red oak thence with said line 40 poles to a Spanish oak thence 38 poles to a red oak thence 20 poles to the late David Via's line and with it to the beginning.

To have and to hold the said land with all its appurtenances to him the said James Via in an indefeasible fee simple estate and the said Josiah Via doth further agree to warrant and for ever defend the right and title of the above described land to him the said James Via and his heirs forever against the claim or claims of any person or persons, whatsoever.

In Witness where of the said Josiah Via has hereunto set his hand and affixed his seal this day and date above written. Josiah Via (his mark)At a Court held for Franklin County at the Courthouse the 4th day of February 1833 This Indenture of bargain and sale between Josiah via of the one part and James Via of the other part was acknowledged by the said Josiah Via and ordered to be recorded.

Teste Caleb Tate CFC

Deed:
4 Nov 1833 David, Josiah, Richard and James Via to James Canaday DB 14/15-16

This Indenture made and entered into this 4th day of November in the year of our Lord one thousand eight hundred and thirty three between David Via of the County of Clay and State Kentucky, Josiah Via of the County of Franklin and State of Virginia, Richard Via of the County of Patrick and State of Virginia, and James Via of the County of Franklin and State of Virginia, of the one part and James Canaday of the County of Franklin and State of Virginia of the other part.

Witnesseth, that the said David, Josiah, Richard and James Via, for and in the consideration of the Sum of One hundred and Sixty dollars to them in hand paid by the said James Canaday, the receipt whereof is hereby acknowledged, have given, granted, bargained and sold, and by these presents do give, grant, bargain, Sell and deliver, unto the said James Canaday, all the right, title, interest and claim in the real estate of David Via Sr. dec'd (Save one and a half fifths belonging to the said James Via) the said interest in the real estate as devised by the Will of the said David Via Senr dec'd, to the said David, Josiah, Richard, and James his Sons, the said real estate lying and being in the County of Franklin aforesaid, on the Waters of Runnet Bag Creek.

To have and to hold the said right, title, interest and claim, in and to the said real estate of the sd David Via Senr dec'd to him the said James Canaday his heirs and assigns forever free from them the said David, Josiah, Richard and James Via, their heirs executors and administrators, and the said David, Josiah, Richard and James Via, doth for themselves their heirs, executors and administrators covenant and agree to and with the said James Canaday his heirs &c to Warrant and defend a good and lawful title to the interest aforesaid unto him the said James Canaday his heirs &c against all other claims or demands of any person or persons whomsoever.

In testimony whereof the said David, Josiah, Richard, and James Via, have hereunto Set their hands and affixed their seals the day and year first within Written.

David Via (his mark)
Josiah Via (his mark)
Richard Via (his mark)
James Via (his mark)
Test. Peter Canaday Isaac Canaday William Martin (his mark) Chesley Rakes (his mark) Henry B. Johnson James B. Canaday

At a Court held for Franklin County the 2nd day of June 1834 This Indenture of bargain and Sale between David Via, Josiah Via, Richard Via and James Via of the one part and James Canaday of the other part was proved by the oaths of Peter Canaday, Isaac Canaday and William Martin three of the Subscribing Witnesses hereto and ordered to be recorded.

Teste Caleb Tate C.F.C.

Deed:
This Indenture made this 11th day of December in the year 1834 between Josias Via of the County of Franklin and State of Virginia of the one part and Isaac Via of same county and State aforesaid of the other part.

Witnesseth that the said Josias Via for and in consideration of the sum of three Hundred Dollars to him in hand paid by the said Via the receipt whereof he doth hereby acknowledge have granted Bargained and sold an by these presents doth grant Bargain and Sell unto the said Isaac Via his heirs or assigns forever a certain tract or parcel of land lying and being in the county of Franklin on Turkey Cock Creek on the waters of Smiths River containing Three Hundred acres be the same more or less and him the said William Austins land assigned and patterned the name of William Austin of Two Hundred and Seventy Seven acres patterned the 22nd day of August 1797 and also the same Deeded from Richard Massey to said William Austin of Two Hundred acres the 5th of September 179_ reducing one Hundred acres sold.

To also Seventy acres sold William Morris Seven acres sold John Arrington which was sold by the said David Austin and not intended to be conveyed by this Indenture to have and to hold the above granted land and premises and all appurtenances belonging thereto the said Isaac Via his heirs and assigns and the said Josias Via for himself and his heirs executors administrators or assigns doth covenant and agree to and with the said Isaac Via his heirs and assign the aforesaid land and premises in fee Simple State and the Land.

Josias Via his heirs and assigns do well and forever defend the above Land and premises unto the said Isaac Via or his heirs and assigns from the claim of himself and his heirs and every other persons claiming either in love or equity.

In witness where of the said Josias Via have hereunto set his hand and affixed his seal the day date above written.


Josias Via (his mark)

Assigned Sealed and delivered in the presents of us Edward Cockram Richard Whitlock Brice Cockram Sparrel H. Griffith George Worley Evan Griffith

In Franklin county clerks office May 3rd 1838 This Indenture of bargain and sale between Josias Via of the one part and Isaac Via of the other part was proved by the oath of Sparrel H. Griffith, George Worley and Evan Griffith three of the subscribing witnesses hereto and admitted to record.

Deed:
This Indenture made this 13th day of January in the year of our Lord 1838 Between Josiah Via of the County of Franklin and State of Virginia of the one part and George Whorley of the same county and State aforesaid of the other part Witnesseth that the said Josiah Via for and in consideration of the some of Two Hundred Dollars current money of Virginia in hand paid by the said George Whorley the receipt whereof he the said Josiah Via doth acknowledge have bargained and Sold and by these presents doth grant bargain & Sell unto the said George Whorley Two certain Tracks or parcels of land lying in the county of Franklin on the waters of Shooting Creek containing three Hundred & fifteen acres be the same more or less first being Track of One Hundred & fifty acres and Bounded as followeth (to wit)

Beginning at Richard Wood corner white Walnut tree on Shooting Creek & down the same as it meanders to mahogany thence new line So 76 E26 poles crossing the creek to chestnut tree No 45 E36 poles to chestnut tree & thence new line to __ on the creek thence up the creek South fifth West 58 poles to Sycamore thence off No 32 W26 poles to poplar thence new line So 66 W8 poles to a red oak in Peter Saunders line North 85 W30 poles to pointers thence West course straight line to a corner Spanish thence So E straight line to poplar & thence South straight line to the Beginning Walnut on the creek.

Also one other Tract containing one hundred & Sixty Six Acres more or less.

Beginning at two Lymons in John Mannings line on the Creek with it N 55 E22 poles to two __ on branch down the same as it meanders to the creek & down the same as it meanders to a Sycamore on the said Creek thence So 64 poles to a cucumber and chestnut So 72 W32 poles to three Dogwoods No 64 W20 poles to chestnut oak No 26 W66 poles to a Dogwood No 36 W64 poles to a Spanish oak No 68 W58 poles to a Spanish oak No 24 W26 poles to a poplar No 61 W52 poles to a Spanish oak No 86 W60 poles to a __ S 77 W70 poles to the Beginning.

To Have and to hold with all appurtenances privileges and every part an parcel thereof and the said Josiah Via doth covenant & agree to and with the said George Whorley that he the said Josiah Via the above granted land and premises in fee Simple Estate unto the said George Whorley and his heirs from the claim or demand of him or his heirs or any other person will Warrant & defend in Witness whereof the said Josiah Via have hereunto set his hand & affixed his Seal this day and year first above Written.

Josiah Via (his mark)

Signed & Delivered Attest Sparrel H. Griffith Isaac Via Evan Griffith

In Franklin County Clerks Office, May 3rd 1838 This Indenture of bargain and Sale between Josiah Via of the one part and George Whorley of the other part was proved by the oaths of Sparrel H Griffith, Isaac Via and Evan Griffith the subscribing witnesses hereto and admitted to record.

Teste Caleb Tate CFC (Franklin Co., Virginia)

Died:
Burial in Radford Cemetery, Floyd, Virginia

Josiah married Rachel Hale on 2 Jan 1801 in Franklin County, Virginia, USA. Rachel (daughter of Benjamin Hale Sr. and ?) was born in 1782 in Franklin County, Virginia, USA; died in 1845 in Virginia, United States. [Group Sheet] [Family Chart]

Notes:

Birth:
Child of David confirmed by David's Will

David married Nancy King on 28 April 1804 in Franklin County, Virginia, USA. Nancy was born in 1785 in Virginia, United States; died in 1849 in Kentucky. [Group Sheet] [Family Chart]

Notes:

Birth:
Birth date unknown, but according to father, David's will, James is the youngest son.

James married Rachel Martin on 2 Nov 1839 in Franklin County, Virginia, USA. Rachel was born in 1817 in Franklin County, Virginia, USA; died after 1870 in Franklin County, Virginia, USA. [Group Sheet] [Family Chart]

Notes:

Birth:
Child of David confirmed by David's Will

Judith married John Smith on 8 April 1823 in Franklin County, Virginia, USA. John was born in 1798 in Virginia, United States. [Group Sheet] [Family Chart]

Notes:

Birth:
Child of David confirmed by David's Will

Other Events:

• Pension: 1814, Franklin County, Virginia, USA; Enlisted July 16, 1814, discharged Feb 15, 1815. Form filed Aug 26, 1871. Service for 60 days.

Notes:

Birth:
Child of David confirmed by David's Will

Pension:
Enlisted July 16, 1814, discharged Feb 15, 1815. Form filed Aug 26, 1871. Service for 60 days, shown as follows: Report from Bounty Land Division shows that Richard Via, served in Capt. Hoges Co. VA Militia, from July 16, 1814 to Feb 15, 1815. Length of service 215 days. Claimant declares he is not a pensioner under any previous act. Name not on list of pensioners. Loyalty, claimant's averment and testimony of Tilman C. Overstreet and David Ketterman Good Character of witnesses vouched for by John M. Arendall P.M at Floyd C.H. VA Admitted Nov. 14th, 1871 to a pension of 8 dollars per month, from Feb. 14, 1871. Claimant John N. Willy, Ex'r App'd A.W. Fisher, Reviewer.

Richard married Frances Via on 16 May 1816 in Patrick, Virginia, USA. Frances was born in 1801; died on 5 May 1873. [Group Sheet] [Family Chart]

Notes:

Birth:
Child of David confirmed by David's Will

Family/Spouse: Jane Vest. [Group Sheet] [Family Chart]

Samuel married Hetty Edwards on 30 Oct 1826 in Franklin County, Virginia, USA. Hetty (daughter of Brice Edwards) was born in in Virginia, United States. [Group Sheet] [Family Chart]

Other Events:

• Deed: 11 Dec 1834, Franklin County, Virginia, USA; This Indenture made this 11th day of December in the year 1834 between Josias Via of the County of Franklin and State of Virginia of the one part and Isaac Via of same county (More...)

Family/Spouse: Patsy Cockram. [Group Sheet] [Family Chart]

Other Events:

• Census 1840: 1840, Franklin, Virginia, USA; Engaged in Agriculture
• Census 1850: 1850, Franklin, Virginia, USA; Peter is listed as John Jr. in the census, but this is obviously an error. Looks like John Via Sr. was a neighbor, perhaps the census taker assumed he was John's son.

Notes:

Died:
Newspaper October 12, 1854 The Daily Dispatch, Richmond Virginia PARRICIDE-- A man named Peter VIA was killed a few days ago in Franklin County, by his son, Wm. VIA

Peter married Margaret Martin on 29 Oct 1833 in Franklin County, Virginia, USA. Margaret (daughter of Mathew Martin and Sarah Edith Staton) was born in 1813 in Franklin County, Virginia, USA; died in 1845 in Franklin County, Virginia, USA. [Group Sheet] [Family Chart]

Peter married Nancy Justice on 4 Aug 1845 in Franklin County, Virginia, USA. Nancy (daughter of James Justice and Elizabeth) was born in Nov 1824 in Franklin County, Virginia, USA; died on 1 Jun 1910 in Patrick, Virginia, USA. [Group Sheet] [Family Chart]

Other Events:

• Census 1850: 1850, Franklin, Virginia, USA

Mary married William G Vest on 7 Mar 1823 in Amherst County, Virginia. William was born in 1803 in Amherst County, Virginia; died in 1846 in Amherst County, Virginia. [Group Sheet] [Family Chart]

Mary married George Washington Whorley on 19 Jul 1838 in Franklin County, Virginia, USA. George (son of Samuel Whorley and Mary) was born in 1803 in Franklin County, Virginia, USA; died on 28 Oct 1880 in Raleigh, West Virginia, United States. [Group Sheet] [Family Chart]