In November of 1860, executor William F. Smith was in a pickle. Charged with settling the estate of Elizabeth P. Via of Augusta County, he had recently been a defendant in both a chancery and a judgment suit from seven of Via’s heirs that challenged the validity of her will. The heirs objected to the provisions that Via made for her slaves, namely that they all be emancipated. Additionally, she left $4,000 to transport them to a free state and set them up in homes there. The remainder of her estate was to be distributed amongst Via’s heirs who were not pleased by this and thought it in their best interest to have the will invalidated so that they could get everything, including the slaves that were left at Via’s death. The will was upheld, however, and then it was time for executor Smith to get on with the business of carrying out Via’s wishes. But there were some questions that he struggled to answer about his job as executor.
At issue were several points. Did children born since Via’s death have an interest in the money left to the slaves? What should happen to the residue of the $4,000 after the will’s provisions were carried out? How should title to any house or land purchased for the emancipated slaves be done? The slaves had … read more »