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HomeMy WebLinkAboutLOD202300005 Correspondence After 1980Item #2 and Item #3 Last Instrument of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia on or prior to December 10, 1980 that includes a plat or metes and bounds description of the property. And also all plats and deeds of record after December 10, 1980, up until the present date. Parcel ID Search Type: —Full w/esmts —To plat w/esmts —Full-no esmts —To plat w/o esmt —Current owner/plat only Reference Page Grantees Notes W4) I �K' 2°l9 ROlxr� Plat Grantors (s) l o-� urcirs— AUkkme.T66 �a�ara Instrument Date Recordation Date 2'11" LODE} h0 Notes Reference Page I� 3—"7l'I,� Plat 1I Reference Page 6�81 Plat VbLk 7v0 Reference Page qs - �3 Plat Vll— Grantors JP66 & -Av)M I, 2rvir I rw kl, w - T h5Tno Instrument Recordation Date Date TM 3 \V II1- _M)nf-i+ W . I MS Instrument Date Recordation `I_i2­G(�p( Date Instrument Recordation Date Date L �D 1�fCQ�1 Notes vjr 'h -Fyn.IDL"3E Notes Notes Search —Full w/esmts —To plat w/esmts Parcel ID Q Type: —Full-no esmts —To plat w/o esmt �b 1' 3 1 —Current owner/plat only Reference Page Plat 3� Reference Page 2la — Plat Reference Page JL4 — l83 Plat �1�(W n� f5l,37, acres -{rrn h� Reference Paae Plat C Grantors(s) ( IMJL� W oN1S �rTti�• ov*,s Instrument Recordation p G Date Date Notes � dwi �uvJ iIVA. lD -;k �Qri Grantors(s) b-nm,, t W -T6rns Q Oo- I a�S Instrument Date Recordation /I II•_lh,L/ Date L llY (tY E. W • 1 amS Grantors(s) V-.w, �4 L&. "Is Instrument Date *« Recordation Date Date I I _ Date`. .I I Notes Notes Skcbr.1, Cor O�c,res .� lies ea)} c C N) 9.3 L kTr—s LA J 101S3 Irt5 Notes I.IST OF HEIRS Case No.: ........ COMMONWEALTH Of VIRGINIA ...... .Ot-/!14t .............................................. circuit court MW*. dil A e. LA7 . /11. �K ........... NAME Of DECEDENT DATE OF DEATH I/We, the undersigned, hereby state under oath that the following are all of the heirs of the Decedent: NAMES OF HEIRS ADDRESSES RELATIONSHIP AGE Over .............. ................ zli .. .............. I ....... ............. I ........ I ........................................................................ 3810 24PCCCiWC4A le A r -'r to ............. ............. —v r C-0 �i1Q- 23q r I ............ ...... .................. ............. I .............. oil t - /,V-, 04011,44 RW4"d .................. :54. Ho,-�, it, 04r-Ir". ................ .. ......... .. ............. I ............................ ex V; CG 5;-y_r i .... . .......... .................... ltc,�Ware (please check one): LK Proponent(s) of the will (no qualification) ❑ Personal representative(s) of the decedent's estate ❑ Heir -at -law of intestate decedent (no qualification within 30 days following death) Given under my/our hand this .... // . ..... of ............... Ce-K(4r -5� ............... ....... PRINTED NAME or SUBSCRIBER SIGNATURE OF SUBSCRIBER ................................................... PRINTED NAME OF SUBSCRIBER SIGNATURE OF SUBSCRIBER .................................. M7NTE NAME OF SUBSCRIBER SIGNATURE OF SUBSCRIBER State of ... . .... . . . ......... Zity/County of ... . ...... . to -wit Subscribed and sworn to before me by ,,.9 ......... ................ ........ �Of ........ ....................... 1: .................. 7W -94))Q-41 this ... ......... l7rte-K .... day of ......... ........... C .......... ............. My commission expires: . � ......... ........ ....... .............. ................... ........... CLOdptPUTY CLUMNOTARY PftLJC VIRGINIA: In the Clerk's Office of the �a44 v-4,-A Circuit Court this... e�?-Ny of, -774. c ad the foregoing LIST OF HEIRS was filed and admitted to record. Taste: IIN11111111114IINIINIIIIIIIBIIIIIIIIAIIIIINIIINII V OtERK Doc ID; 00065613001 Type: WIL by Deputy Clerk Recorded: 02/17/2004 at 03:06:40 PM Fee Amt: $16.00 Pane I of Albemarle Courty VA Shelby Marshall Clerk circuit Court File# 2004-00000034 BK108 Pa299 RKI773Pc0712 019090 BOUNDARY AGREEMENT THIS AGREEMENT is made this !�i day of Dtcewtb"i 1998 between ORA P. TOMS, ROBERT JOHNSTON, and AM T. BERN" A/A/A MATILDA ANN JOHNSTON, TRUSTEES OF THE EMMETT W. TOMS TRUST (the "Trust") and NORVELLE CEMETERY, INC. (the "Corporation")(referred to jointly as the "Parties"). W I T N E S S E T H WHEREAS, the Trust is the owner of a certain parcel of land described as TM 109, Parcel 3, located within the Scottsville District of Albemarle County, Virginia; and WHEREAS, the Corporation is an entity incorporated in Virginia for the purpose of administering the affairs of the Norvelle Family Cemetery, (the "Cemetery"); and WHEREAS, the Cemetery was created by deed of dedication dated May 14, 1936, and recorded in Deed Book 231, Page 328 in the land records of Albemarle County, Virginia, dedicating a one -acre plot for use as a graveyard; and WHEREAS, the legal boundaries of the one acre Cemetery were not described by the deed of dedication; and WHEREAS, the parties agree that it is necessary and appropriate to set forth the boundaries of the one acre plot constituting the Cemetery. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the parties agree as follows: 1. That the boundaries of the one -acre plot constituting the Cemetery shall be as described and set forth on the attached plat created by Steven L. Key of SL Key, Incorporated, Land Surveyors & Land Planners, dated June 15, 1998. 2. That said plat be incorporated herein by reference. WITNESS the following signatures and seals: 93 �it� ' 41 , Date Ora P. Toms, Trustee of the Emmett W. Toms Trust ladl��98 _ A2C&os6ld Date Anne T. Berman a/k/a Matilda Anne Johnston, Trustee of the Emmett W. Toms Trust eK 1773Pc0713 Date Robert E. Johnston, Trustee of the Emmett W. Toms Trust Norvell'e/a�cemetery�,, Inc _ �D - ZS - l I�_laMl/�'1 4 _ / / I Aj 1 e- Date By: Buddy Mawyer, Pr ident L OFy\A6wnQ , CITY/COUNTY OF (� vu_mctlaE , The foregoing instrument was subscribed, sworn to and acknowledged before me by Ora P. Toms, Trustee of the Emmett W. Toms Trust on this X'X day of Dekt- eoJ' , 1998. My commission expires: COMMONWEALTH OF CITY/COUNTY OF The foregoing instrument acknowledged before me by Anne Johnston, Trustee of the Emmett W of . 1998. My commission expires: Notary Public I _)&'e was subscribed, sworn to and T. Berman a/k/a Matilda Anne Toms Trust on this day -2- Notary Public eK 1773Pc0714 COMMONWEALTH OF CITY/COUNTY OF "f jRy,,, The foregoing instrument was subscribed, sworn to and acknowledged before me by Robert E. Johnston, Trustee of the Emmett W. Toms Trust on this 1-1 day of DEcemej, , 1998. My commission expires:p3\,�\ oZ COMMONWEALTH OF CCoa:�iA CITY/COUNTY OF Clof.✓Ne77 The foregoing instrument was subscribed, sworn i acknowledged before me by buddy -� Mawyer, President of Ni Cemetery, Inc. on this -A day of Tuti,e My commission expires: T NORVELLE CEMETERY 1.000 Ac. PLAT SHOWING A BOUNDARY SURVEY OF THE NORVELLE FAMILY CEMETERY LOCATED WITHIN TAX MAP 109, PARCEL 3 SCOTTSVILLE DISTRICT ALBEMARLE COUNTY, VIRGINIA ,pLTH 0,4 U61E YNL 21 IM IIfVRP. d E 15, Iee9 200 0 20p Im 100 Op Save i - 2m 0� O El TOYS ESTATE 09 76 /le] 1'UD yY12�,- El INKS lm� N IN,P s w 761/w LIKE HUM MWE EI WI E 7OW is SN60 um U 6541 E 3600' EI SN Ii ul Ism u w • m 11 s3ro lem I N MWl M3T112 A.Il IV 07W�02A11SI !!ND SURPlPO1L4 L D PLANXM P.0 fi Im L2vIOEUwIIL. VA 22M �ea� 27I-aces Br 1773Pc0716 VIRGINIA: IV '1'IIF. CLLRk :S OFFICE OF 771E CIRCUIT COURT OF ALBEMARLE: 'III1S DEED WAS WAS PRESF! fTED. AND % TTII CERTIFICATE ANNEXED, IS ADMITTED Tu RECORD UV yQC. _ate 19_iy__. AT�O'CLOCK VM. STATE TAX S (039) LOCAL TAX $____1213) TRANSFER FEE $ 1212) LT.T.F. 5 _3.00 _(106) YSLF S_ 1.00_(I45) CLERK'S ME S_j ,Q O (301) PLAT $ SECT.58.1.802: STATE TAX S__ 1038) LOCAL TAX $_ _(220) I.00AI. TAX $ ,(223) TOTAL $-• 00 TFSME: SIIELBY J.111AR.SHALL,CLERK BY: d"a- D PUTY CLERK Given under my hand this loth day of November, 1969., November, 1969. Robert A. Levy, Personal Representative Subscribed and sworn to before me this loth day of Shelby J. Marshall, Clerk (.L�++++x+++++++++++xxxx+++x++++xx:xxxxxxxxxxxx+x++++++++++++++xxxxxxxx•+++++xx++++++ TOMS: EMMETT W. LAST WILL AND TESTAMENT WILL I, EMMETT W. TOMS, of Covesville, Albemarle County, Virginia, being of sound mind and disposing memory, hereby make, publish and declare the following as my last will and testament, revoking any testamentary writings previously made by me. ARTICLE ONE I direct that all of my just debts, taxes, funeral and burial expenses be paid as soon as practicable after my death, and I fur- ther direct that all estate and inheritance taxes assessed upon portions of my estate and upon property passing to others at my death but not included in my estate shall be paid from the residuary portion of my estate without charge by way of apportionment upon the persons receiving the same. ARTICLE TWO I give and bequeath the sum of $500.00 in cash to BETHEL METHODIST CHURCH, Covesville, Virginia. ARTICLE THREE , I give and bequeath the sum of $500.00 in cash to TRUDY LEE JOHNSON, adopted child of my daughter, Matilda Anne Johnston, if said child is living at my death. ARTICLE FOUR i i I give and bequeath all my clothing, jewelry, per- sonal effects, household furniture and any personal automobile which I may own at my death to my beloved wife, ORA P. TOMS, absolutely, if she is living at my death. ARTICLE FIVE I give, devise and bequeath all of the rest, residue and remainder of my estate to my wife, ORA P. TOMS, and VIRGINIA NATIONAL HANK, Charlottesville, Virginia, as Trustees, in trust upon the terms and conditions set out hereinbelow: (a) My said Trustees shall divide this residuary portion of my estate into two separate trusts to be known as Trust g1 and Trust 12. There shall be set aside and allocated to Trust #1 an amount of property equal to one-half of the value of my adjusted gross estate as finally determined for federal estate tax purposes, less the aggregate amount of marital deduction, if any, allowed for such tax purposes by reason of property or interests in property which passed or are deemed to have passed from me to my said wife by reason of my death under other provisions of this will or otherwise than under this will. My Trustees shall allocate and designate the cash, securities and other property, including real estate, which shall constitute said Trust #1. The assets to be allocated to Trust #1 shall be selected in such manner that they will have an aggregate fair market value fairly representative of such trust's proportionate share of any appreciation or depreciation in value of all property available for allocation between the date of my death and the date of allocation. Any property included in my estate at my death and allocated in kind to Trust #1 shall be valued for that purpose at the value thereof as finally determined for federal estate tax purposes, and any other property so` allocated shall be valued for that nurpose at its cost. No asset or proceeds of any asset shall be included in Trust #1 if it cannot qualify for a marital deduction for federal estate tax purposes if included. Trust #1 shall abate to the extent that it cannot be satisfied in the manner herein provided. Trust #2 shall include all property in this residuary portion of my estate which is not allocated to Trust #1 puasuant to these provisions. (b) After dividing this residuary portion of my estate as hereinabove provided, the Trustees shall pay all of the net income from Trust #1 to my wife, Ora P. Toms, in monthly or other convenient instalments, but no less often than annually, as long as she lives. If, at any time, in the judgment of the Trustees, Ora P. Toms shall for any reason be in need of funds for her proper care, maintenance and support, the Trustees may in their discretion pay to her or apply for her benefit, in addition to the income from Trust 01, such amounts from principal thereof, up to the whole thereof, as the Trustees may from time to time deem necessary or advisable for her use and benefit. Upon the death of Ora P. Toms, the Trustee shall pay to her personal representatives any undistributed income in Trust 01, and shall distribute the entire remaining principal thereof as she shall appoint in her will, free of this trust, to her estate or in favor of any other person or persons. It is my intention that Ora P. Toms shall have the broadest possible power of appoint- ment by will as to the principal of Trust #1 remaining at her death (which Power shall be exercisable by her alone and in all events), but no will of hers shall be construed to be an effective exercise of said power of appointment unless a specific reference is made therein to this will. In the event Ora P. Toms fails to effectively exercise her power of appointment, the remaining principal of Trust #1 at her death shall be merged with and disposed of in the same manner as the principal of Trust #2. (c) After dividing this residuary portion of my estate as provided in paragraph (a) of this Article, the Trustees shall pay from Trust #2 all of the estate and inheritance taxes assessed upon my estate and upon any property passing to others by reason of my death, whether as part of my estate or otherwise and no charge by way of apportionment shall be made w,b 4 � - �7)V2- taxes, the Trustees shall hold the remainder of Trust A2, paying all of the net income therefrom to Ora P. Toms in monthly or other convenient instalments as long as she lives. The Trustees shall also have the power to pay to Ora P. Toms, or to apply for her benefit, such amounts from principal of Trust i21 as my corporate Trustee, Virginia National Bank, may from time to time, in itq sole and independent judgment, deem necessary or advisable for the proper care, support and maintenance of Ora P. Toms, but no payment of principal from Trust i2 shall be made to Ora P. Toms or E6r her benefit unless the entire principal)! Of Trust Al has been exhausted. The Trustees shall also have the power to pay to my daughter, Matilda Anne Johnston, or my grandson, Robert Edward Johnston„ , or to apply for her or his benefit, such amounts from principal of Trust t2 ael the Trustees may in their discretion from time to time deem necessary or ad- visable for the proper care, maintenance and support of either or both of them, and for the education of my said grandson, taking into account other financial I resources available to them. Upon the death of Ora P. Toms, this Trust 42 shall terminate and all property therein, including any property merged therei¢ from Trust il, shall be distributed in two equal shares to my daughter, Matil+ Anne Johnston, and my grandson, Robert Edward Johnston, or entirely to the sur- vivor of them if one of them is not living. (d) If, however, at the death of Ora P. Toms, Robert Edward Johnston is living but has not attained the age of 25 years, any portion of the trust property distributable to him under the terms of paragraph (c) of this Article shall continue to be held by my surviving Trustee in trust for his benefit until he attains said age, and the Trustee shall pay to him or apply for his benefit such amounts of income or principal as shall in its discretion be necessary or advisable for his care, maintenance, support and education. When he attains age 25, all property held in trust under the terms of this paragraph shall be distributed to him absolutely and free of further trust. If, however, he dies before attaining age 25, this trust shall then terminate and the prooerty therein shall be distributed in equal shares to his issue then living free of further trust. ARTICLE SIX If my said wife is not livinn at my death, I give, devise and bequeath the entire residuary portion of my estate after carrying out the provisions of Articles One, Two, Three and Four of this will in two equal shares to my daughter, Matilda Anne Johnston, and my grandson, Robert Edward Johnston, or entirely to the survivor of them if one of them is not living. If, however, Robert Edward Johnston is living but has not attained I the age of 25 years, any portion of my estate distributable to him under the I terms of this Article shall be held by my surviving Trustee in trust for him until he attains said age, and the Trustee shall pay to him or apply for his benefit such amounts of income or principal as shall in its discretion be necessary or advisable for his care, maintenance, support and education. When he attains age 25, all property held in trust under the terms of this Article shall be distributed to him absolutely and free of further trust. If, however, I VI) therein shall be distributed in equal shares to his issue then living free of further trust. ARTICLE SEVEN If my said wife and I should die under such circum= stances that it cannot be determined with certainty which of us was the first to die, this will will be construed and our estates will be administered as though I had died first. ARTICLE EIGHT ' I nominate and appoint my wife, ORA P. TOMS, and VIRGINIA NATIONAL BANK, Charlottesville, Virginia, to be Executors of this will and Trustees of all trusts created hereby and I direct that no surety be required upon my wife's bond in those capacities. If, for any reason, either of said Executors and Trustees is unable or unwilling to qualify or serve, the other shall qualify and serve alone with all powers herein granted to both. I I authorize my Executors and Trustees, in the administration of my estate and of the trusts hereby created, to deal with the property therein as freely as I could do were I alive. By way of illustration and without limiting the generality of the foregoing, I hereby authorize them: 1. To continue any and all business arrangements 'and relationships which I may have at the time of my death, particularly those with the University of Virginia, C. Walton Smith, Wayland Machinery Company and Durand Machinery Company, or to terminate those relationships if they deem such termination advisable in the best interests of my estate. 2. To lease, exchange, mortgage, partition, sell and convey, or grant options, in such manner and upon such terms as they may deem advisable, with respect to any or all property, real or personal, at any time forming a part of my estate or a trust, without an order from any court. Any leases by my Executors or Trustees may extend beyond the period prescribed by law for leases by fiduciaries and beyond the duration of any trust created hereby. 3. To exercise options or rights of refusal in order to acquire real or personal property as to which such options or rights exist if such exercise is deemed advisable. _ 4. To purchase, receive or otherwise acquire and to retain, whether originally a part of my estate or subsequently acquired, any and all stocks, including stock of Virginia National Bank, bonds, notes or other securities, or any variety of real or personal property, including interests in common trust funds, as they may deem advisable, even though not of a character or in the proportions approved by law for investments by fiduciaries. 5. To vote in person, or by limited or general proxy, with respect to any shares of stock or other securities held by them; to participate in any plan of consolidation, merger, reorganization, dissolution, or liquidation of any corporation which my estate or the trust estate may have �. any other steps which they may deem advisable to obtain the benefit of any such transaction. 6. To apportion and allocate receipts and expenditures as between income and principal in any manner which shall fairly and equitably! reflect the proper allocation between income and principal; to pay, renew, extend, settle,compromise or sell any obligation or claim, payable to or by my estate or the trust estate, on such terms as they deem advisable. 7. To hold securities in bearer form or in the namb of a nominee, or in the name of my corporate executor and trustee without disclosing its fiduciary capacity. 8. To borrow money for any purpose connected with the protection, preservation or management of my estate or the trust estate, without approval by any court. 9. To pledge, hypothecate and encumber any or all of the property of my estate or the trust estate if they shall deem such action advisable, and the period of such encumbrance shall not be limited by any pro- vision of law relating to fiduciaries, nor by the duration of any trust. 10. whenever required or permitted, to divide or distribute the principal or income of my estate or trust estates, making such distribution or division in cash or in kind, and to cause any share to be com-posed of property different in kind from any other share. 11. To executeand deliver any and all instruments which they may deem advisable to carry out any of the foregoing powers. No party to any such instrument signed by my Executors or Trustees shall be obliged to inquire into its validity, nor be bound to Bee to the proper application of any money or property paid or delivered pursuant to the terms of such instr4ment. 12. To hold or invest part or all of the property in my estate or trusts in cash or readily marketable securities of little or no yield for such period of time as they shall deem advisable, and to acquire andsI to retain, for such period of time as they shall deem advisable, real or persomal property which is or may be unproductive or of a wasting nature. 13. In determining what is net income for all pur- poses relating to Payment or to use, expenditure or application for the benefi- ciaries of the trusts, to set aside such reserves as they may deem advisable for present or future expenses, or to provide for fluctuation of gross income;, and every such determination made by my Trustees.shall be binding upon all persons. 14. To do all other acts, which, in their judgment, shall be necessary or advisable for the proper and advantageous management, in- vestment and distribution of my estate and the said trusts. i 15. To advance money to or for the benefit of my I said wife during the administration of my estate from income or principal, if such advances are deemed advisable, and to join with her in filing joint income tax returns, if advisable. If, for any reason, there should at any time be but one of my Exeuctora or Trustees serving, I hereby direct that one Executor or Trustee shall have and may exercise all of the powers herein granted to both w, (A seal to the foreqoing will consisting of ten (10) typewritten pages and have I i initialed the margin of each page this 19 day of November, 1965. Emmett W. Toms (SEAL) The above signature of the testator was made and the foregoing will was acknowledged by him to be his last will and testament, in the presence of us, three competent witnesses, and we, the said witnesses, do. hereunto subscribe the said will upon the date last above written, in the pre- sence of the said testator, and of each other, and at the request of the said testator who was then of sound mind and over the age of twenty-one years. ndwin R. Carter III Charlottesville, Va. Forbes R. Reback D. B. Marshall 1 VIROINIA: Orange, Va. Charlottesville, Va. IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF AL13EMARLE COUNTY NOVEM13ER 12, 1969. A paper writing bearing date the 19th day of Nov- ember, 1965, purporting to be the last will and testament of EMMETT W. TOMS, deceased, late a resident of Albemarle County , Virginia, was on the 12th day of November, 1969, presented to me, Shelby J. Marshall, Clerk, in the aforesaid office and offered for proof and probate. The said paper writing was proved by the oaths of Edwin R. Carter, III, Forbes R. Reback and D. B. Marshall, the three attestinq witnesses thereto. The said Edwin R. Carter, III, Forbes R. Reback and D. B. Marshall testified that they were all personally present when the said Emmett W. Toms signed and delcared said paper writing to be his last will and testa- e ' ment, and at his request and in his presence and in the presence of each other, they subscribed their names as attesting witnesses thereto. The said Edwin R. Carter, III, Forbes R. Reback and D. B. Marshall further testified that on the 19th day of November, 1965, the I day said paper writing bears date, to the best of their knowledge and belief, the said Emmett W. Toms was of a sound mind and disposing memory and perfectly capable in all respects of making and executing a will. The said paper writing is therefore considered fully proven and is admitted to probate as and for the true last will and testament of Emmett W. Toms, deceased. `�'�/ X� • Clerk 1RR##*R##RR#R*##*#fRR###11 RRRR*RRRR IR R}RR#*R4#1#*1R##f**#}#R1 #f RR1 ###R##f*#**R**# n TOMS: LIST OF HEIRS OF EMMETT W. TOMS, DECEASED, TESTATE EMMETT W. HEIRS NAMES AGE RELATIONSHIP Toms, Ora P. 65 wife Johnston, Matilda Anne Adult Daughter RESIDENCE COVesvillg, Virginia Route 1 North Garden, Virginia We, Ora P. Toms and Virginia National Bank, who were on the 12th day of November, 1969, duly appointed and qualified as Executors and Trustee of the estate of Emmett W. Toms deceased, do hereby affirm that the foregoing list of HEIRS of the said DECEDENT, Emmett W. Toms together with their names, relationship, ages and residences, is true to the best of my knowledge and belief. Given under my hand this 12 day of November, 1969. Ora P. Toms and Virginia National Bank by J. Carr Dorman, Trust Officer Personal Representative. Subscribed and sworn to before me this 12th day of November, 1969. Shelby J. Marshall, Clerk POWELL: NANNIE WILL WILL OF NANNIE POWELL I, NANNIE POWELL of Charlottesville, Virginia, bein�7 of sound and disposing mind and over the age of twenty-one years, do hereby II make this my last will and testament, hereby revoking all wills by me at any time heretofore made. FIRST: I direct that all my just debts be paid. SECOND: After the payment of my just debts and cost of administration, if there is any money remaining, I direct that it be divided equally between my two daughters Matilda Powell Cash and Virginia Boltt THIRD: I own approximately 57 1/4 acres of land I in Albemarle County near Alberene. I devise this 57 1/4 acres to my daughters Matilda Powell Cash and Virginia Bolt, iith the exception of about a quarter of an acre, on which is located the family graveyard. .My daughter, Nannie H. Breeden, who has predeceased me, left two children, Norma and Howard, I have omitted them in my last will and testament, not through any lack of affection for them but on account of certain expenses incurred by me for my said daughter Nannie. FOURTH: My house and lot on Avon Street with its contents I devise and bequeath to my daughter Matilda Powell Cash as Trustee upon the following trust: The said Trustee shall hold said property for the benefit of herself and my daughter Virginia Holt for and during their natural lives. The said Trustee is to have the absolute control and dominion over thid J. .property; provided always that she use it for a home for my daughter Virginia Bolt and for the Trustee, if the latter decides to live there. Upon the death of the surviving daughter named in this paragraph, I devise and bequeath the STATE TAX C TY TAX TRANS. e :e 459 rc; 203 ` _ L..._°. PLAT SEc.58-541b) TOTAL 8..--. R/V-16 ' Rol,sd 1939 y3��i p Yl�iS �PPa, Moda this 19t11 day o/ May .19 69 by and between E. W. Toms and Ora P. Toms, his wife hereinafter deeignated on Grantor (even though wore than one). and the CONAONPEALTH OF PlRClNiA, Grantee: MIIPSIM4e !n consideration of the saw of $ IW49-00 paid by the grantee to the grantor, receipt of wAiCA is hereby acknowiedged, the said grantor hereby grants and conveys ans said grantee in fee simple, with general I. uwranty, the land located in Samuel Miller Magisterial District, in Albemarle County, and described as foliotus: - Being as shown on Sheets 8 and 9 of the plans for Route 29. State Highway Project 0029- 032-103, RW-201 and lying an both sides of and adjacent to the southbound lane centerline j � from the lands of 'J. D. Johnson and Louise R. Johnson at approximate Station 274+20 to the lands of Ashby L. Norvell and Elsie S. Norvell at approximate Station 280+85, thence lying on the northwest (left) side of the said centerline and adjacent to the lands of 1I Ashby L. Norvell and Elsie S. Norvell from the lest said Station to a point in the lands of the Grantor opposite approximate Station 283+03; thence lying on the northwest (left) - side of and adjacent to the lands of Roy S. Norvell and Mary L. Norvell from the last said Station, to a point in the lands of the Grantor opposite approximate. Station 291+ 00 including connection with present Route 633,%and containing 3.6124 acres, more or less land, of which 0.1064 acre is included in the existing right of way and 3.5060 acres, more or less, are additional land; together with the temporary right and easement to use the additional areas shown as being required for the proper construction of channel change. said easement to terminate when the construction of said project has been completed, and being a part of the same land acquired by the Grantor from H. W. Walsh and Lyttelton Waddell, Special Commissioners by Deed dated August 10, 1945 and recorded in Deed BoAc 264 Page 181 in the office of the Clerk of the Circuit Court of said County. and from W. T. Kennedy by will recorded in Will Book 42, page 40 in said CC11 ' i Fot� a a$to par gcular description of the land herein conveyed, reference is made to photo copies of said Sheets 8 and 9, showing outlined in RED the land conveyed in fee simple and outlined in GREEN the land conveyed for an easement which photo copies are hereto attached as a part of this conveyance and recorded simultaneously herewith in the State Highway Plat Book Number��, Page LZLL-{ 7-5 P Book 459 PACE 204 TAe sold grantor euvennnts that he is vetoed of the land to it's "Win Aers(n conveyed; that he Asa the rlgA, to convey the .mid land to the grantee; that he has done ao all td eneum bee the said land; that the gro,tee sAall have quiet possaesinn of the fond, free Nm "I eneumbranree, and that A. may be equisite. ute Will e•ecsuch Junkier oeeurances of the said fond asr The sold grantor covenants and ogrees for Atmself, At, heirs, suceeesa above mentioned and paid to him shall be (,'lieu of any and all elaims rs and otion far land, and for damage,, if any, osetgns, LAW the eonafderat(on herein- d tv the remaining lands of the grantor mhleh may rto c rs esult by reason of the use to which the grantee will put the land to 6, conury<d, including such drainage facilities as may br neeeeeary, WITNESStheJollotv(y Jipnataret and uale: J (SGL) (SGLJ [SGL) IS"LJ STATE OF VIRGINIA, Conn(yof AL[SEMAP-LE n To-toiu I 7 RO(3E2.Y F• IKJTSCr1 o�.J a Notary Public in and for the county ofaremki, in the State of Vbgtnio, do ceolfy thus and O2A P TO t 1 S toho" names are signed to the fou�r""e��going uniting, bearing date on the 14"`` dnJ 0 M Air I9sL, have each aeknwtuledged the same before me In my CouNy oforesoia. My term of office egpirea A0Ci?- t 19 Chen undo my hand tht 1 C'l .L ;r o(-------------.± e a � Notary Public. STATE OF VIRGINIA. Caunty of To-W4, 7 ID 9/, 9 OF ALHEORLE CIRCUIT COURT yIR62NIA: certificate 9 OFFICE.,, d wit IN THE CLERK said office aft 3ZtL .This deed was presented to me in /�.14.�YR � ja . Tecor d at a�exed admit �t° v d tO 16 y'+, Testet Clerk - --'� i L I �i f,4" *� W. Napier, dated February 24th, 1898 and recorded in the Clerk's Office of the Circuit Court of Albemarle County February 24th, 1898 in D. B. 110, p. 382, plat on p. 383• Wilson W. Napier covenants with E. M. Wayland that he has the right to convey said property to the grantee; that the grantee shall have quiet possession of said land, free from all encumbrances; that he has done no act to encumber said land; and that he will execute such further assurances of said land as may be requisite. WITNESS the following signature and seal. W. W. Napier (SEAL) STATE OF VIRGINIA, - COUNTY OF ALBEHARLE, TO -WI?: I, Wary L. Norvell, a Notary Public, for the County aforesaid, in the btate of Virginia, do hereby certify that Wilson W. Napier, Whose name is signed to the foregoing writing bearing date on the 23rd day of January, 1946, has acknowledged the same before me in my County and State aforesaid. Given under my hand this 23rd day of January, 1946. My commission expires Larch 25, 1946. (SEAL) Nary L. Norvell, Notary Public Commissioned as Nary Lindsay VIRGINIA, IN THE CLERKIS OFFICE OF ALBEMARLE CIRCUIT COURT, FEBRUARY 16, 1946. This deed was presented to me in said office and with certificate annexed admitted to record at 10:30 A. M. & $5.50 btamp Affixed. Tests: Clerk. Emmett W. Toms &c TRIS DEED, made this 5th day of January, 1946, between Emmett To B/S W. Toms and Ora Toms, his wife, parties of the first part, and Edwin M. Edwin M. Wayland Wayland, party of the second part, Fee #1.75 Tax 3.24 WI TN E S S E T H: Tran 1.00 Pd. $5.99 That for and in consideration of $2650.00 cash paid by E. M. Wayland August loth, 1945 for the purchase of the hereinafter described '1'pj✓ property, Emmett W. Toms and Ora Toms grant, bargain, sell and convey with general warranty of title unto rdwin 31. Wayland, and his heirs and assigns �jYYY ,1s�U forever, the following land lying in Albemarle County, Virginia, near 1„ Covesville: FIRST: 44 2/3 acres allotted to H. R. Norvell under partition, 1 J 1 1 i J 1 J 1 J r C IL D. B, 1289 p. 2461 and confirmed by decree April 2nd, 1904, D. B. 167, p. 225 subject to right of way granted H, B. Wayland July 25th, 1911, D. B, 147, p. 273, and electric right of way, D, B, 224, p. 265. This land is described as parcel "C" in a Heed from H. W. Walsh and Lyttleton Waddell, Commissioners to Emmett W. Toms dated August loth, 1945, and recorded August loth, 1945 in the Clerks Office of the Circuit Court of Albemarle County in D. B. 264, p. 184. SECOND: All of 90 53/100 acres described as Section "D" in above deed recorded In D. B. 264, P, 184 that lies east of U. S. Highway No. 29, Emmett W. Toms retaining all land west of U. S. Highway No, 29, THIRD: A one-half interest 1n 61 1/2 acres described as parcel "A" in the above deed recorded in D. B. 264, p. 184. Emmett W. Toms retains for himself Parcel "B" in deed, D. B. 264, P. 184, one-half interest in parcel "A" and all of parcel "D" lying "at of U. S. Highway No. 29. Emmett W. Toms and Ora Toms covenant with Edwin M. Wayland that they have the right to convey said land to the grantee; that the grantee shall have quiet possession of said land, free from all encumberances; that they have done no act to encumber said land; and that they will execute such further assurances of said land as may be requisite. WITNESS the following signatures and seals. Emmett W. Toms (SEAL) Ora Toms (SEAL) STATE OF VIRGINIA COUNTY OF ALBEMARLE, TO -WIT: I. Mary L. Norvell, a Notary Public for the County aforesaid, in the State of Virginia, do hereby certify that Emmett W. Toms and Ora Toms, whose names are signed to the foregoing writing bearing date on the 5th day of January, 1946, have acknowledged the same Oefore me in my County and State aforesaid. Given under my hand this 25th day of January, 1946. My commission expires March 25, 1946. (SEAL) Mary L. Norvell, Notary Public Commissioned as Mary Lindsay. VIRGINIA, IN THE CLERKfS OFFICE OF ALBEMARLE CIRCUIT COURT, FEBRUARY 16, 1946. This deed was presented to me In said office and with certificate annexed admitted to record at 10.30 A. M. h $3.30 Stamp Affixed. Teste: `9�u, 4) AL ,f 1k,A, Clerk. 587 / i` v��4nCJ� �b+- 183 STATE 0 VIHGINIA COUNTY OF A EMARLE TO WIT: I, Eva W,Ilaupin, Clerk Circuit Court in and for County 6f Albemarle, in t State of Virginia, do hereby certify the .H,Gentry i and June T.Via, whose as as Chairman and Clerk, rasps vely, of the `✓ Board of County Supervisors f Albemarle County, ar signed to the writing above, bearing date on the 8th of August, 45, have and each of them has this day acknowledged the same before me ounty and State aforesaid. Given under my h th 14th day of August 1945. Eva W.Maupin, Clerk VIRGINIA: In the Clerk's fice of Albemarle Circuit Court, August 1 h 1945. This dee as presented to me in said office and with certifies a ad ed to record at 4:00 P.M, Tests:- "" --1 ,Clerk. r H.W,Walsh at als THIS DEED made this loth. day of August, 1945, by and between Sp. Cogs. V H,W,Walsh and Lyttelton Waddell, Special Commissioners as hereinafter TO B & S mentioned, parties of the first part, and E.W.Toms, party of the second part, E.W,Toms W I T N E S S E T H --- Eee $2.50 Tax 7.20 WHEREAS upon proceedings duly had in the Circuit Court of Tran 1.00 Albemarle County in a chancery cause therein pending under the short style Paid $10.70 of (Mrs.) Gertie Pugh and (Mrs.) Lottie White v. Roger Gerald Norvell and others, it was by decree entered June 19, 1945, adjudged, ordered and decreed that H.W.Walsh and Lyttelton Waddell who were appointed Special Commissioners for the purpose after advertising the time, place and terms of the sale for •6�5/S�J three weeks by handbills and in such other mode, if any, as to them might ,%Jn seem wise, shall offer the property in the bill and said decree described�S"Y at public auction at the front door of the Court House of Albemarle County; and WHEREAS after having executed bond in the penalty and with surety in said decree prescribed and after advertising the time, place and terms of the sale as in said decree required, as well as by notice published in the Daily Progress, said Commissioners offered said property on f August 8, 1945 for sale at public auction in front of the Court House of Albemarle County; and at said offering said property as a whole was sold to, subject to confirmation by the Court, to E.W.Toms at the price of $5,950.00, that being the last and highest bid and higher than the aggregate of the bids received for the several separate parcels. Im )by-M AND WHEREAS by decree entered August loth, 1945, in the said cause said sale was confirmed and H.W.Walsh and Lyttelton Waddell, Special Commissioners, as aforesaid, were directed to convey said property as herein- after described to the said E.W.Toms upon payment of the purchase money, $5,950.00, in cash; NOW THEREFORE in consideration of the premises and in consideration of $5,950,00 cash in hand paid, by the said party of the second part to the parties of the first part paid, H.W.Walsh and Lyttelton Waddell, Special Commissioners, as aforesaid, pursuant to and as required by said decree in the preambles mentioned, hereby grant, bargain and sell and convey unto the said E.W.Toms, party of the second part, WITH SPECIAL WARRANTY OF TITLE, all those certain tracts or parcels of land situated in the vicinity of Covesville in the said decree of June 19, 1945, mentioned, and being the following tracts: -(a) Tract containing 61.50 acres, more or less, being composed of a tract containing 511 acres which was conveyed to H.R.Norvell by R.W. Norvell and wife by deed dated July 17, 1894, recorded in the Clerk's Office of this Court in Deed Book 101, page 434, and a tract containing 10 acres which was conveyed to H.R.Norvell by J.J.Boaz, Trustee under deed from James Parker, dated larch 21, 1914, rem rded in said Clerks Office in Deed Book 155, page 252. (b) Tract containing 59.32 acres, more or less, being a tract of 59.32 acres allotted to said H.R.Norvell under report of Commissioners in partition proceedings dated larch 11, 1904, recorded in said Clerk's Office in Deed Book 128, page 246, and confirmed to him by decree entered April 7, 1904, recorded in said Clerk's Office in Deed Book 167, page 225, the tract of .25 acres conveyed from this tract to I.O.O.F. of Covesville by deed dated April 17, 1909, recorded in said Clerkts .Office in Deed Book 1451 page 172, having reverted to said H.R.Norvell upon breach of condition contained in said deed, and possession thereof having been taken by said H.R. Norvell many years ago, which tract of 59,32 acres is subject to right of way granted to H.B.Wayland by deed dated July 25, 1911, recorded in said Clerk's Office in Deed Book 147, page 172, and is subject to rights created by deed of dedication for a graveyard dated may 14, 1936, recorded in said Clerkfs Office in Deed Book 231, page 328, (c) Tract containing 44 2/3 acres, being a tract allotted to said H.R,Norvell in said partition proceedings, and which tract is subject to a right of way granted to H.B.Wayland by deed dated July 25, 1911, recorded in said Clerk's Office in Deed Book 147, page 173, and which tract is subject to rights of Appalachian Electric Power Company created under deed dated July 5, 1934, recorded in said Clerks Office in Deed Book 224, page 265. (d) Tract containing 90.53 acres, more or less, and being all of a tract of 113.1 acres conveyed to H.R.Norvell by George Gilmer, Commissioner, by deed dated May 11, 1923, recorded in said Clerk's Office in Deed Book 182, page 599, except a tract of .46 acres conveyed to the Commonwealth of Virginia by deed dated July 7, 1923, recorded in said Clerk's Office in 185 Deed Book 184, page 519, and except a tract of 17 acres conveyed to W.T. Kennedy by deed dated November 16, 1923, recorded in said Clerk's uffice in Deed Book 185, page 79, and except a tract of 1 acre conveyed to Rufus R. lIr Norvell by deed dated June 20, 1925, recorded in said Clerkts Office in I Deed Book 197, page $3, and except a tract of 1.1 acres conveyed to Henry R. I! Norvell by deed dated June 20, 1925, recorded in said Clerkts Office in Deed Book 198, page 25, and except a tract of 2.64 acres conveyed to E.H. Wayland at als deed deed dated December 28, 1925, recorded in said Clerks Office In Deed Book 191, page 345, and except a tract (acreage not stated) conveyed to R.L.Cash by deed dated May 14, 1936, recorded in said Clerkts Office in Deed Book 231, page 329, which tract of 90,53 acres ii subject to rights created in Albemarle Telephone Company by deed dated April 4, 1917, recorded in said Clerk's Office in Deed Book 166, page 136. This deed is executed on behalf of the Liens at law of H.R. Norvell. To which deed and deeds and plat therein referred to reference is here made for a further and complete description of said tracts hereby conveyed. Witness the following signatures and seals. H.W.Walsh, Special Co,. (SEAL) Lyttelton Waddell, Special COmmr.(SEAL) r STATE OF VIRGINIA COUNTY OF ALBEMARLE TO WIT: I, Gayle L.Warshall, a Notary Public in and for the County and State aforesaid, hereby certify that H.W.Walsh and Lyttelton Waddell, Special Commissioners, whose names are signed to the foregoing deed bearing date on the loth day of August, 1945, have and each has acknowledged the same before me in my County and State aforesaid. Given under my hand this llth day of August 1945. My commission expires the 27th day of February 1949. Gayle L.Marshall, Notary Public. VIRGINIA: In the Clerk's Office of Albemarle Circuit Court, August loth 1945. This deed was presented to me in said office and with certificate annexed admitted to record at 4:00 P.M. and $6.60 Int. Rev. stamp affixed. Tests:(- ,Clerk.