Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1814-09-25

by the appellant aud also in the hands of Ro-
bert Williams, the second nus band of the said
Sarah, who acted in her behalf as executor OF
the said Joseph, from the time of his intermar-
riage with her, or his representatives or distri-
outess, the original bill ought not TO have been
dismissed, rs TO that object, but retained for
the purpose OF such an account and settlement,
IN which account the appellant ought TO be
charged with such parts and proportion OF the
estate of the said Joseph Williams, as the guar
dian account settled between tAe said Robert
Williams and the appellant, by virtue OF an
order OF Plttsylyania County, Court, made at the
instance OF the said appellant, she~s to have
been accounted for, and delivered 10 the appel
snt In right his said wife, BY the said ROBBERS,
IN his life-time And ifupon Just and equi;a,
Bile settlement and ddjastn.e1if Of such accoup,
Il shall appear that the estate ofthe said ebert
Williams in the hands OF his adminIs;ratrix &c of
MS distributes. IS indebted TO the est,te OF the
said Joseph, the said adn,iaislrstrix out of the
assets in her hands TO be administered or the
several distributes respectively, according TO.
the portions Of the said Roberts estate Which
they may have received since his death, ought
% satisfy and pay TO the appellant the amount
OF his just proportion Of the said JosepRs estate,
after payment of all his Just debts, not exceed.
Jag seven thou sand eve hundred pounds, Yira
.sinla currency, the amount of bis Judgment a.
sliast the administrative from which account
o. the SAID Robert Williams, in the hands of his
distributes, is to be excluded whatever may
have been recovered and received by John Cali,
As the marriage portion of his wife kucinda, in,
The life time Of the said Robert. or by virtue Of
The decree OF the court Of Pittsyvania county for
hat account since his death, liberty being re-
served to the plainiiin the original bill, to con.
troyert the validity of such marriage contract,
Or to shew il he can, that such decree was obs
tanned by fraud and co!lusioa between the par
lies 10 that suit IL necessary, for the discharge
'ot his claim against the aud Roberts estate
This court is further of opinion that the said
Mathew Clay, the defendant in the cross bill
having, by his answer to that bill so far admit
ted that he possessed knowledge of the dis.
oossl OF the certificates belonging to the estate,
or the said Robert Williams, ia the cross bill
charged TO have been delivered to him 10 make
sale of, as have the accounts and receipts re.
spect NC the sane, in his hands, which he refers
To in his said answer as exhibits, but does not
appear TO have produced them, he ought to pro-
duce such accounts and receipts or to answer
TO interrogatories respecting them, if required
SO to do. And this court approving of so much
OF the decree in the cross suit as directs that
the appellant shall give bond, 20 contribute to-
wards the discharge Of the testator Joseph
Williams's debts, aiirmeth the same and re-
verseth so much Of both decrres as is not mp.
proved of by this decree, with the costs in this
rior court of chahcery, TO be proceeded in ac-
cording to the principles OF this decree, which
Is ordered 10 be certified TO the superior courts
OF chancery. Appellants costs in the court
OF appeals. ia the first sui1, fifty seven dollars
dnto, IN the second suib twenty four dollars,
~ Gents a . cpy--teste, Ii. Dance, G CO.
Whereupon the court doth adjudge, order aud
decree, that the several matters and things con-
tanned IN the decree afere aid, be had and OBJ
serycd by the parties therein also mentioned.
eDJ doth direct cae Of the commissioners of
this codrt To state the accounts directed by the
SAID dgofes, d.. Il .-c..sllit; = The PRINCIPLES
thereof, and to report the same TO this court,
with any matter deemed pertinent BY himseifor
required by the parties TO he specially stated.
eEsauARy 9Th, 1912.
On motion OF the defendants in the first suit,
and the plsintiii'm the second, and for reasons
appearing TO the court, Coupnssioner N ichoison
is perntted Co Withdraw his report in these
cases, filed the seventeenth day of December
last, and TO maze such further and supplement.
tai report, as Dnay be required by either OF the
parties, or as to him shall seem proper.
JANUARY 2ssh. 1918.
Matthew Clay, Plaintiff.
Sarah Williams executrix OF Joseph Williams
and administrators OF Robert williams, John
Call and Others Defendants.
For reasons appearing to the Court, this cause
10 sent to the rules to be there further pro-
i ceeded in.
JAnuAny 9Th, 1914
Matthew Clay Plaintiff
Sarah Williams executrix OF Joseph Williams
and sdminisirstrix of Robert Williams, John
Call and Lucinda his wife, WiliamWilliams
ard John Is. Scott, executors, Elizabeth vii. |
liams, widow, and DIN Robert Williams an
infant son ofJohn Williams, decd. by the
said Elizabeth Willisms, his guardian, James |
Chalmers, Sarah Chalmers, late Sarah Wit |
kins widow md Administrative and Mourn |
ing Micajah Watkins decd, by Henry e. |
Coleman her guardian and Nathaniel Wash. |
iugton Williams, Martha Williams and Fam |
ny Williams by Sarah Williams their gusRdi. [
An, James Vaughn executor OF Thomas la |
nier, Joseph Williams who was appointed /
by the said Joseph Williams, deed, an exc
sutor of his viii, and the heirs, executors,
or administrators Of Richard Harrison decd !
Defendants. |
This cause came on this day TO be heard on |
the papers formerly read, and the report OIL
:osSmissS 3s,sh 5sslssg,1t 20 the cider
81 the twenty first day Of june, one thousand I
siBiit hundied and eleven, and was art ued by
counsel On consideration whereof, and because
he new parties. made by the amended bill. filed
'Ince the said order of referenSe to con,nisr
'ioner.. were not properly before the court al
he time the said ordrr was entered, and against
whom the plSintiH now appears 70 have pro.
;seded IA tlse node prescribed by law sgains,
'ofent detshdsnts: tsnd they still failing to ap.
,ear and answer) the court doth recomrnn the
epcrt to the commissioner who made IL. al
bosgh The same. Ia other respects, may be right
md correct, tor him to reconsider aud report
hereupon.
NEEDfIAM CUMBERLAND.
[xhe Yatation afer 1nrs Tern. 1914