Will Book 3 - Explanation - Frederick County, Virginia
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Submitted by: Charolette "Chocy" Brown <Chocybrown@aol.com>
        Date: 14 Jun 2006
Copyright.  All rights reserved.
http://www.usgwarchives.net/copyright.htm
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"Superior Court Will Book 3, Frederick County, Virginia-
Note of Explanation"

 

(1st Page)

                Will Book Number 3 of the Superior Court 
of Law for Frederick County was lost many years ago. 
(Probably when the books of this office were removed to Page 
County for preservation during the War Between the States, 
1861-1865). It was determined to repair this loss, as far as 
possible, by copying in this book such of the original 
instruments as were still on file and which had been recorded 
in the lost book. Proof of the contents of that book was 
obtained by a search of the order books of the Superior Court, 
and by this proof the original documents on file were identified. 
From the proof of these order books it would appear that all of 
the instruments recorded in the lost book have been found and 
copied in this book, with the exception of the will of Martin 
GARNET, which could not be found. However, the order of probate 
of this will has been copied on page 109.

                The spelling, punctuation, capitalization and 
arrangement of the originals has been followed as far as it was 
possible in typewritten copy.

                Other instruments of the period covered by the 
lost book were found in the files, and though these had 
apparently not been ordered recorded, they had been filed 
pending such order. These have been preserved in this book, 
beginning on page 193.

                See order of court, page 306 of Law Order 
Book number 24, directing this book to be prepared in order to 
replace the lost book.

 

(2nd Page)

                Circuit Court of the County of Frederick, 
Virginia, on the 18th day of April, in the year of our Lord 
One Thousand Nine Hundred and Thirty Nine.

 

PRESENT:  THE HONORABLE PHILIP WILLIAMS, JUDGE.

REPLACEMENT OF LOST WILL BOOK NUMBER 3 OF THE SUPERIOR COURT 
OF LAW FOR FREDERICK COUNTY.

                                It appearing that Will Book 
Number 3 of the Superior Court of Law for Fredrick County was 
lost many years ago. (Probably when the books of the Frederick 
County Clerk's Office were removed to Page County for
preservation during the War Between the State, 1861-1865). It 
also appearing from the order book of that court what writings 
were recorded in its Will Book Number 3; and it appearing that 
all of the said writings, save one, have been found in the files 
of the Frederick County Clerk's Office, save one, and have been 
identified by the orders admitting them to record; the one 
excepted being the will of Martin GARNET.  It appearing, further, 
that all of the said writings have, under the direction of the 
clerk of this court, been copied in a bound book entitled "Superior 
Court Will Book No. 3"; and that the order of court admitting the 
will of Martin GARNET to record has been copied on page 109 of this 
book:

                                It is therefore ordered that this 
book shall be an official record book of the clerk's Office of 
Frederick County, and that the re-entries therein of the writings 
admitted to record by the Superior Court of Law for Frederick 
County shall have the same effect as the original entries.

                                It further appearing that other 
writings than those mentioned above were found in the files of the 
period covered by Superior Court Will Book Number 3. These had been 
filed pending requisite proof to entitle them to be admitted to 
record, but no order admitting them to record appears in the order 
book. Nevertheless, for the information these writings contain, for 
their preservation, and because they were on file, it appears proper 
that they be copied in Superior Court Will Book Number 3:

                                It is therefore, ordered that said 
writings, which appear beginning with page 193, shall be, and they 
have been, copied in said book.

                                      PHILIP WILLIAMS     JUDGE