Location: Augusta, Virginia, United States
This page transcribes the file of the referenced Chancery Court case, the original file of which is available on-line at the web site of the Library of Virginia here.
1868-005 Chancery Causes: Samuel C. Garber etc. v. Infants of David Garber Augusta Co.
- Ross, Kerr, Eakler, Stout, Eagle
- To the Hon. H.W. Sheffey, Judge of the Circuit Court of Augusta County,
- Samuel C. Garber, Isaac Garber, Mary Garber, Catharine Garber, Harrison Ross and Elizabeth his wife (late Garber), Susan Garber the widow of Peter C. Garber, deceased, and guardian by appointment of the County Court of Augusta of Mary E. Garber and Christina C. Garber, infant children of said Peter C. Garber, deceased, being the legal representatives of David Garber, deceased, and Catharine Garber, the widow of said last [illeg.] & Samuel C. Garber [illegible] do humbly represent to your hon.:
- That the said David Garber late of same county departed this life on the 13th day of August 1863, having first made and published a will which was proved and admitted to probate in the county court of said county in the September court of said year and the executors thereby appointed--qualified as required by law--but before executing it departed this life and at the [illeg.] in 1866, Samuel Garber was appointed and duly qualified as administrator [illeg.] which the [illeg.] said David Garber--all whereof will [1 word illeg.] fully appear by a copy of said will herewith exhibited as part of his bill marked "2."
- Your complainants well knowing that the object of the testator in making a testamentum disposition of his property among his children and his widow was to secure equal shares to the former and a comfortable home and support for the latter, became convinced, when the present personal representative undertook to carry out the provisions of [illeg.] that the testator from an overestimate of the value of his property which had become encumbered in his mind by his taking confederate currency as a standard of value that justice and
- equality would not result. And that the property if sold would not more than pay the special legacies and desiring to secure the purpose which they are satisfied the testator had [illeg.] when he made said will, the legal representatives determined to disregard said will and to take charge of and administer the estate as though the said David Garber had died intestate and [illeg.] executed on the __ day of March 1867 an agreement and selected Henry K. Eakle, John H. Garber and Col. Nathaniel Kerr, three highly respectable and intelligent gentlemen, to act as arbitrators and appraisers whose duty it was made to value the whole estate, real and personal, left by said David Garber, charges them with [illegible] of the estate, pay any who [illeg.] all just claims for [illeg.] and services, and then to divide and distribute the balance equally among them according to their rights as if the said David Garber had died intestate, and if said arbitrators and appraisers should consider