Winchester gazette. [volume] (Winchester, Va.) 18??-1826, 1822-02-16
D!ralll1d 20 iBlf {:
7 A .VI"N
Feb. 2-st

D1ralll1d 20 Dlf:
~ the Superior Court of Chancrry
holden at Winchester the 28M dan Of
sNOrember, 1891.
Oliver Funston and Margaret his wife,
late Margaret Mckay, ne OF sh.
daughters. deviseas ana issalees 81:
Andrew Mckay, deed, Plaintiffs,
AGA NsT
Moses Mckay, one of the acting exec
utors OF Andrew Mckay, deed. and
deVisee and legatoe named in his
Niii William Cook, administrator
OF jacob Mckay, deed, who was
¬her aeting eAec1;or OF the SAID
Andrew Mckay, deed. aud Il devi.
STE named III his will; Poll, N,cKay,
"ihn" Of said Lscnh Mckay. deed.
and Casaandra Mickey, HAYNES Ne
Nay, "aShinglor McKay, Noah
Mekay, Amos Mekay, and Madison
Mehay, children and heirs Of tho
sand Jacob Mckay. decd, infants by
II e said Polly Mckay, their guar.
dian Ha Item ; Robert Wkitacre and
PATIENCE his wife, late Patience
Mrha ny, daughter, devis-e sni Iesa-
tee Of said Andrew MeKoy, deed,
and Enos Mckay, Dereudants.
HIS cause came on TO be heard
Il upon the Bill, answers, exhibits
and dispositions Of Witnesses taken aud
lied III the cause, AID was argued By
c""nsei and the Court having mature.
" considered the same, is Of opinion
that the sales made BY the acting ex-
ecutor' a Andrew MeK~y, dec'U. Of
his lands, are clearly proven to have
been grossly fraudulent and illegal +:
i therefore the Court doth decree and
order, and ii Is accordingly this 2sih
day IL November, 1924, decreed and
ordered, that the sales aforesaid be set
aside, except the sale Of the smuil
tract TO Joshua Wood. which the pIaiD-
tits are willing to rnufy. And it is
further deereed aud ordered, thai Fran
els NJ. Beekwith, the Deputy Marshal
OF this Court, who is appointed Com
missioner for that purpose, do sell the
said lands at public auction, 10 the
highest bidder, far the best Price that
can be had, upon credit of one. iwD,
ard three years, that is 10 say. one
third OF The Purchase money puyabIe
IN one year, ODe-third in two years,
and the other third in three years from
the day OF sale, giving four weeks pre-
vIOus nUtiee Of The times aud nlhces Of
such sales, by advertise ment in the
newspapers published in Winchester.
and taking bonds with good sreurity
Tor the payment Of the purchase mos
neN, payable tn Daniel Lee, the clerk
and receiver of this court and thar he
make report of his proceedings to the
court. And il is further decreed and
ordered, that Master Commissioners
Bent take an account Of the rents, is
sues and profits OF the said lands since
they were SO frnuduIently sold by the
executors aforesaid, aud OF auy lasting
improvements which have been made
thereon since such sale and now re-
main thereon Ard &hat he Examine,
state and settle the execuioriai ar.
counts OF the said actirS executors eF
the estate of their tesrLfor, Andrew
Mckay, deed, and make report there
OF TO the Court, stating specially anv
matters deemed pertinent by himself,
or required by either Of the parties to
be so stated; and he is authorised 20
proceed in ihe matters Of tie account
aforesaid, IN the absence Of either par
tY, who having notice Of lis primary
% Subsequent edJonru.
mems SHALT fail TO attend bin.
4 Copy .--Ts.te,