Winchester gazette. [volume] (Winchester, Va.) 18??-1826, 1822-03-02
Dlrainia to hit 4:

AN the Superior Court of Chaace,y
holden at HIncheSter TIE asth dayof
November, 1921.
Oliver Funston and Margaret his wife,
late Margaret Mckay, ore of the
daughters, devisees and leyatees of
Andrew Mckay, deed, Plaintiffs,
AGA Ns1
Moses hehay, oue of the acting exec.
utors of Andrew Mckay, deed. and
deVisee and !egalee named in his
WlH William Cook, administrator
of jacob Mckay, deed. whc was
another acting executor Of tie said
AndfeH Mckay, deed. and a devi.
see named in has will; Poll, Mckay.
widow Of said Jacob Mckay. deed.
and CassandFa Mckay, Haynes Me.
Kay, Washington Mckay, Noah
Mckay, Amos Mckay, aud Madison
Mckay, children and heirs of the
said Jae"b Mckay. deed, infants by
IL saId Polly Mckay, their guar
dian al titem Robert Whitaere and
Patience his wife, late Patience
Mckay, daughter, deyisee and Iega-
-u n ""'I" Hchay, 0Gc'G
and Enos Mckay, Defendants.
' 4 his cause came OH to be heard
IL upon the Bill, answers, exhibits
and depusttiUns Of Witnesses taken ana
hled III the cause, aud was argued by
counsel ; and the Court havin- ma prc.
iy considered the same. is Of opinion
that the sales made by The setine ex.
eeutor' Of Andrew Mckay, dec'd. Of
his lands, are clearly proven to have
been grossly fraudulent and illegal
Therefore the Court doth decree and
order, aud il iS accordingly this asth
day q! November. 1924, deereed and
ordered, that the sales aforesaid he sat
aside, except The sale Of The smaIG
tract TO Joshua Wood, which The pIain-
t'tfs are willing TO rstify. Aud it ia
further Gecresd and ordered, thai Fran.
els M. Beckwith, the Deputy Marshal
o! tins Court, who is appointed u COM
missioner for that purpose, do sell the
said lands at public auction, to the
h'ghcst bidder, for the best price that
can be had, upon a credit Of one, tyo
and three years, that is to saw, one
third OF The purchase money payable
in one year, pe.third in two wears.
aud the other third inthree years from
the day Of sale, giving four week. pre-
vions notice OF the times and places of
such sales, by advertisement in the
newspapers published in Winchester.
and taking bonds with good securi,v
for The payment Of the purchase mo,
ney, payable 30 Daniel Lee, the clerk
and receiver Of hi. eo..u ;and that he
make report of his oeeediugs to he
court, And it is IL her decree5 and
ordered, that Nj ser Commissioner
Bent take an account &c the rents. ia.
sues and profits Of the said lands since
they were so frauduientIy sold hy the
executors aforesaid, and of any lasting
improvements which have been made
thereon since such sRlp> and now re-.
main thereon Aud that he examine.
state and settle the exeeutoriaj oc.
counts Of the said acting executors Of
the esiate of their tssIatDr. Andrew
Mckay, deed, and make rtport there
OF 10 the Court, stating specially ary
matters deemed pertinent by himself,
or required by either OF the parties 10
he so stated and he is authorized 10
proceed in tl'e matters OF the account
a'nrcsaid, IN he absence Of either par
ty, who having notice Of his primary
appointments or subsequent adjourn
ments shall fail 60 attend him.
A Copy .-Fesie.
DANIEL LEE, c. G. e..