The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-02-03

| AL 10 respectfully SbDnlttSQ.
On motion, ordered. that the said report
be land upon the table, and that 1000 copies
thereof be printed for the use Of the member.
of The General Assembly.
n report from the committee for Courts
OF Justice (Which lay on the table) was
| re1d III the following words:
| The committee for Courts of Justice have.
according to order. examined whether
there arc any laws of a public nature
that have expired since the last .essioil of the
general assembly. and have found none in
mat situation; they have also, examined
whether there are any that will expire with
the end Of the presen, session, or are near ex.
piring. and find that the act passed the 3lst
day OF January, 1909, entitled "au act
concerning executions and for other pur..
poses, Will expire with the end OF the pre- :
sent session iouf committee have declined
depressing an opinion whether this law
ought. or ought not to be continued, AS the
House OF Delegates has already had the
said law under its consideration.
| Your committee find thac by the first sec
ton of the act passed the 9th day If Feb
1902. entitled . an act providing for the
redemption of Certain lands forfeited BY the
non payment OF the taxes thereon" all
lands heretofore forfeited. are retleemabic
till the first of March, $40, on payment OF
the taxes due thereon. with an interest of
! ten per centum per annum IN each years
tax, from the time that the same became
due, Your comnittec are Of opinion that the
SAID secfion Of the act last recited, ought TO
be continued. + 49,.
| On motion, ordered, that the said report
Of laid upon the table. $3.50
lhe following report (Which Law on the
tablet was.taken up and read:
! L he: committee to whom were referred
| the petitions OF the trustees of The Winches-
ter academy and Of the trustees of the Berr.
Viiie academy, and the memorials of the
president OF the Stevensburg academy. and
William Davis in opposition to the said pc
tidons, beG leave to submit the following re.
port:
IL appears that certain Edward DOYLE,
early In the year 1904 died in the county
OF freoeflck, at very advanced age, in
testate... lie had a personal estate of the
value OF twenty five hundred or three thou :
SAND dollars, consisting for the most part of
five slaves, debts due him to the amount of
seven or eight hundred dollars, and some
cash, the quantity of which is not asce rtain-
ed. Shortly after the decease of the intest-
ate, the whole of this estate was claimed by
The hemorialist, William Davis, under "A
nuncupauve will, of which proof was cfler
ed before the county Court of Frederick
mat court considering the testimony suffi-
Y u
sad will and granted letters of administra-
ton to the said Davis: From this decision
an appeal was taken t., the district court of
| winchester, which court reversed tt iudg.
meht OF the county Court and committee the
property OF the in,estate to the said VIII
Lam Davis as Curator, by whom it is now
possessed. Is
1t appears further, thata certain William
Herchevai instituted suit in the superior
court OF chanceiy holden at Stauntoa, claim-
ling the said estate in right of his wife
whom he a!iedgcd to,be of kin to tl.e decd
Doyle. This bill has been dismissed bv the
chancellor, upon the ground. the committee
presumes, that the courts of common law
were entireiy adequate to the supporter the
lcomPlainant's pretensions. He has lately
transferred his claim to the property of
Doyle to the president and trustees of the
! otevensourg academy. = - 5e- ..s j.
FROM the testimony taken in the above
mentioned suit. the committeeis induced to
bsheVe, that although no nunCupative will
| OF the deceased, can be proven by the NUN.
Der OF Witnesses made requisite bv. law.
yet that was the intention of Eoyle. FOR
some time previous to his death, TO give his
! property to the memorialst Davis 10 a
part OF TINS property, however, the commit
tee consider that his claim is good in law.
1t appears that Doyle, in his last ;lInes.
called Davis to his bed side, and havin, had
MS money, bonds and notes brought to him.
gave them TO Davis, whose right thereto as
HeafH 6ed donation, this committee consi-
ders to be complete. With regard TO the
slaves, your committee is of opinion that
although in the defect of person entitled a,
next CT kin to the deceased, right to them
may vest In the commonwealth vet that any
interference of the Legislature at this time
| would De premature and improper That
rign' depends upon the double possibility
that the claim of Davis cannot be substan
tiated, and that there are no persons in ex.
iStence connected by the ties OF consangniri-
| ty or affinity with the deceased. No pro
ceedlng IN the nature OF an Office of escheat
mas been Instituted, but the commemorative
claim rests solely upon the hriuate sueges
non OF tact the most contrary to probabil-
ny: Under Certain circumstances too, your
committee is Of opinion that conveyance
/ OF the commemorative interest in this pro-
perry, although with an express reservation
OF the rights Of others, might prejudice those
rights. For these reasons, therefore. as
well as thatth policy of such grants of the
commemorative funds is at all times ores.
uohabie, your committee has made no est
mate OF the relative merits OF the respective
Applications to the bounty Of the Legislature.
and respectively submits the following reso-
lutions
Resolved. That the petition of the trus-
ices o. the Winchester academy, praying
the Legislature to convey to them the com
monwealth's right to the estate Of Edward
| DOV lie. decd he reiacted