Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-09-19

NJ IKDINTA At q superior COuTI U IhlhCtTy hrId
al the Capitol IN the cay OF Richmond, the 16th
day Of February, 1920
Jesse C"ieman... .Pidinti6,
AGAINST
John Christian, sen, exor Of John II. Coleman dec .
john Christians, Jun, Daniel Coleman, Benjamin Cole
man, 1homas Coleman and James Coleman Uspfs.
In coni-rmii! OF decree Of the app ais ca,
Gftd by the clerk thereof in these Virginia
Wit Al couit OF appeals held at the Capitol IN the
Sliy OF Richmond, on "Wednesday, January 20 1870
Jesse Coleman, appellant against John Christian 81.
exor of John ID. Coieulan dec John CIistiaD, jr,,
and James Coleman, app'ees. Upon appeal from
decree pronounced ny the superior chancery
bs'd In RicRmond the Sd day Of January 1914 M
h,tween the appellant and appellses Inns day came
the parties ny their counsel aud The court having
tuaiy considered the transcript Of the record OF the
cree aforesaid Of opinion the said decree eo
neous, in diminishing the appellants hiil without
athg the accounts 10 comlnissioner-iheref0Ie IL is
jecTeed aud ordered, that The same he reversed aud
annulied and that the appellee who is executor out
OF the estate OF his ,eslator in his bas admins
tered iffo much thereof he hath hui IL not cut of
his own estate and the other appeees ia right
do unto the appellant his costs by him expended
IN The prosecution OF his appeal sad hare. Aud
- ordered that The cause be renanded said
"i ohancefy for fmther proceedings to he had therein
pursuant the principles of this decree which ia or
deI.d to he certified to The said superior court OF chan
cefy. Appellants costs in the court Of appeals dfty
dollars eighty four cents copy--rese n Danse
u C"..-.. bis court altering its decree aieeabie 10
ahe foregoing opiRion doth The accounts bet
The parties to one II ITS commissioners direc cd
10 examine state and settle tie same and make report
thereof to the count, with any matters specially stated
deemed pertinent by himself which may he required
sher scJudse, order and Decree that the defendant who
- AN executor out OF The estate al his tesIaOr ~ his
bands 10 oe administered II SO much thereof he hath.
hht " net 'nen out oil his own estate and the other
defendants in their right, do pay to the paiutn
Tie cost by him in The courtof appeals expended.
copy-rese, WM.W HENING, &C
coMMIssIoNRns OFFICE,
Richmond, mo IL IsiO
The parties Interested are desired 10 take notice
( NOuesnber) merit for commencing the accounts di
recftd By the Glorego1g order critic court on qhch
dy at 1sne O'Clock their attendance is
ar my Office iR This city, Nth their accounts ana ali
other GocHnnfS relating thereto readyJor eraRina.
zion dia settlement.
s9..te7w THOMAS LADD, NC.
[TiRGINiA: Al Superior Court OF ChanceIy I-I-7-n
at tue Capitol IA tue Cily OF Richmond the Ssh day
OF March, 1870
Marcus Aurellus Harris infant by william A Torn,n
his guardian aud next friend. william Llsgoa and Eve
lima his wife formerly Evena Harris, aud william
AGAINST 49,
William Saunders and Sarah hi, wife. Egbert Harris.
Mary Ann Harris, widow OF Wilson Harris deceaseJ
and BenJamn L. w Harris aud Mary T.. NJ. Ha-ri,
infant children Of ihe said Wilson Harris eecrased
George Rogers, administrator OF the said wilson Harris
deceased aud John Depp administrator with tse vii
annexed OF Benjamin Harris, decd. DEFENDANTS
th' cause came on hisday TO be further heard on
the papers formerly read, the report OF the Com
missioner, mide Ia pursuance of The order Of a.. 2l
day Of September, 1893. and argued by council
On consideration whereof. the delivered he fol
loving opinion I: That Benjamin Harms Jr The pTe.
Permitted child, was entitled sIMh par, Of his
Sahers estate real and personal in like manner az IL
he had cied acknowledgements raising uhi1h nc,ton
tAe devisee' aud iegaees csurbute prapoiion-
ally, out Of the parts devised ard brourathsb -, Tt
by the viii OF The said tessior eeaby To- the ac S
Assembly, IN such cases made and provided that IA
tue said Benjamin Harris jr survived his father and
'hen dled an infant OF Ney tender years that par Of
abe real estate I" which, he enIied descvnded 10
the plaintiffs, Marcus AurelIus, aud Evelia as bis
Hers OF the whole blood and to Sarah Saunders and
her hTothefs Egbert aud wilson Harris as his heirs nj
Tue half blood so that each The plaintiffs lasl ue,
TONED, agfseablS 10 the act OF dstribn"ls is entitled
80 two sevrnhs OF the real tate and tbe said
Saunders and each OF her brothers Egbsrt and "A ia
are ony entitled 10 one seventh part thereof ma
rom Tue disposition The testaor made OF his real estate
Ia his sons Eghtt aud wilson and TO his friend In.
scott, one slNh part OF each tract OF land devised O.
them, VIII he their just proportion of cne sixth or l,
pTetsimitted child which six lie to he laid of IN
one body ~ each tract so devised having due rrqatU
10 quality as well as quantity. subject to TIE dove ri
the widow that as 10 tie personal estate Of lie pre-
Permitted child the moiber SAID last mentioned
plaintiffs, will share with Them ard me def.rda,
Sarah Saunders aud her brothers Egbert and WiI.o,
uhdeT tue act OF distributions before referred 10. so
that the mother OF the plantiTs Who are her cbuSt
BENG OF Tue whole bin00, NIll each take tno puths
thereof and the defendants SARAH SaundeTs and her
b'ohers Egoert aud wilson, ueing OK tbs bali blood
VIII esch take one ninth thereof; il has us occurred
1" lbe court that The defendant wilson Harris ded
since the institution Of this sn iuiesiaie
Jesleeung him, will take his share of The estate rsaj
% pc, sohA as tne "a" viii give II 10 ;hem Where.
lore, The court doth adadse order aad decree mar
s 9n, aei 1"ooel william T. biohnax IT, ana James
ai"eli commissioners for thar purpose any two OF
therh, d." h conformity with lie foregoing opint.n
t1k'ng with them competent surveyor foT ta unrpase
sd} on and ulVide the said lands, el Inc son
"a estate Of the said BrIJann iaItts thc ,estator
siing az the coaniy Of NeCIenbusg, a. well As the
PlOnts theTeof since the death al tue prs,sTuiusd
chhu accordingly ana The cyuIt doih fnTh.t order
tbat Thomas Miller, Jacob Michanx aud Wtiiiar Ola
commissioners for the Ike purpose any ten ofhen
20 I'D IKE manner, lay OIL aid div1d- said isrds Of
tbe sara tesiaiOr, Bing ~ the count al r. ebatsu
anu tue court doth farther order that Ednuna lack .
John Cfabue and David Meade CONNIE iofcfs for the
IKE PURPOSE or any tSo OF them do a. nke mann ~
Iay OFF aud divide the lands the sa te at, lung h.
tne county Of Chesterfield, in possession ct Tue sld
James Sco unless he can shew cause Z, the e.rtrst,
III ~ psoIe lne tenth DAY OF The terug nest after ne
sha nave been served with COPY OF fhis ssdrr and
she court doth further odrr, that the commissioners
~ Tue several COUNTIES Aforesaid who mas act rsyoft
tneir proceedings 10 the court.
And the court setting aside much Il aay order
httetoiOe made or of any YGtsudute thereof
may CONFLICT with the foregoing opinion Oh with any
~ the foregoing orders With what aif0wef va rJer
correct division Of the rest Of toe ptsouai estate
oo.n iuIther order, that John Depp make 40 aud
tete tue accounts Of his administration the ata, ~
vac sa'u benjamin Udfris deceased. before comns-
sOhe OF ttis court and III coHft dOtn frrthrt on der
thal tue said Commissioner dc Sstertan the value and
nature OF all the personal estate ~ the county ~ Pow
asn' OF ssewheio Except ia the ccUniy Of Meckleu.
unD ~ we sad esiator that VAS suhJeci 90 drsutbn
,on among the egalees nader his viii what portion
nas Oeeh distributed, and L. what persaus aud
eoib to5,be ,.nahs io that purpose: and The court
CO. a., . ~, oIntr, that the safe commissioned TO
"h account 81 the rents, issues AID pf-Gts which
sS "Co,ue1 or are properly cbsReahe on The lands
Vese'o o TIE said tesiatOT IN The counties ~ poU
n-"e ans CbestefGeld. of which he died seized since
- ",dth 81 tue said Benjamin, the s1 Aud the courf
uDlh iufther order that The eopissurt Of tho rom,
,s as aot M The execution Of hese otd-rs do NAH
po' theTesf TO The court with any matters spscial.
ssss'sn, deemed pertinent by himself Or which lie par
may require 10 be 50 slated.
copy-Tese wmw HFNrNe. {. r.
- ne parties uteresisd are notined that We sbail
toceea on The thirteenth Of NoveHper next 10 carrv
,"s above decree as relates TO that au ofthe
THOMAS mrLLER.l
ItCOB 3fCHAUX, : Confmfssioneys
sePlembsr TO- '''''' w. s,..vsu