Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1830-07-08

winchester, the first day Of Msv, 1850,
ls"as F'Torsdaie and Maria. his 's:fs,
PLAINTIFFS,
AGAINST
Jacob Pandorsn and (saTrst PoyAsss 3dnia;..
traitors Y Jacob Pnsdoren the elder. dee
ard sad .hacob "a his otsn right, end ,qid
Garrett Voorhees, md Elisabeth his irife
Phtbs BeansH, las PAebs Taldorea. Rich.
ard G0rtrsH szld .Naria his ,rifs. Jane, q
hfsrnss, Jacob y ID Kerney, Etzabash
her1lsy. Margaret ksgSleu, Susswa heras,I
Jsas ksrRey, and Catharine Ksrasq.
DEFENpAxrs
WIS eaass came on to be hsard this
first day Of May, 1880, upon the
elii, answers, OF Jacob Vandoran and Phsbe
bsnnet, exhibits and depo.itions; and il APP
Pearins Is the Court that the subpoena has
Deen returned executed upon the other de-
iendants more than four months, and they
stu iall'ng TO appear and answer, the bill il
taken Tor confessed against them and also.
upon the papers of the case of vands-
rams administrators against Vanorsdale
and was argued by counsel on consideration
whereof the Court is Of spinisR that the sl-
legged gtit OF Vandoren to Vanorsdale cannot
be sustained, being against the statute OF
frauds and IN contradiction 10 the evidc--e
OF sale IN 1921 afforded by bonds which ovi
oral evidence; Nanorsdala is therefore TO be
considered debtor to the estate 10 the amount
oil his bonds. And the Conrt ia further Of
opinion that for any improvements anterior
10 the date OF the bonds in 1921, VanorsdaIs
- enhtied to credit against TIN bonds after
deanchng from the costs OF such improve
mems, the rents and profits of the land from
the Tune no took possession uatil the eomtrsct
OF 1921. of which an account must be- taken.
The Court il further OF opinlon that none
OF the representatives OF the dscsdent are
eompelable to come into hotchpof unless
they please, but unless they do so. the whole
OF The property left by the rastator will 70 to
such Of the parties IA may be willing to come
into partition. bringing their advancementsin-
to hotchpes. The Court is further Of epin.
ION that an account should be statad by
commissioner of the Court, settling: /. The
administration account. ond ascertaining the
-0alance IN the hands of the administrators of
assets received or which ara likely 10 be a.
valuable. 2. That be should then proceed 10
settle an aecosnt of advnncemsnts estimating
the value of such advascemsnts aud neither
charging upon them iatsrest. or hires on
rents. La THIS account he should prss~nt
separate views of thu real and personal al
vanacments to enable the Court to decide Il s
nahF between the parties Sd That he
should then proceed TO estimate the value of
tina real estate descended, as also of negrcss Or
othsr personal estate not charged TO the adj
m.nlstrators in the administration account.
That when the acssant shall have bsea AL
justed thus far, the said commissioners shall
cause notices to BIZ personally served upon ths
several hsirs, informing them that the ,c.
counts have hssn settled, and calling upen
them TO come in and declare on or before
sone reasonable day, to bs fixed by him.
whsther they ara willing to come into hoich-
poo or not.
A. Hs shall then bring int hotchpet the
advances such as consent to Gene in, axd
sxclading the others, shall proceed to divide
the sststs descended and dIstributah BILE
In settling the advancsmentst to Jacob Van
doran he must be charged With the difference
between the fair price of the land and tbs
price given; dedueting from such value, how
svsr, the fair value Of his labor for his father
after he attained his full age, which services.
according to the testimony of Evans, ought
to be considered as part OF the price peid
Iii farther adjudgsd. ordered and decrced
that this esass be referred TO oaa of The mas
ter commissioners of this Court TO stats aud
settle the accounts herein before mentioned.
in pursuance of hs above Instructions, stat
lag all matters specially deemed pertinent
by himself. or which siihsr party say re-
quire to be specially stated. and make report
thereof to the Cosrt la order to a final dc
cree.
And the rspertof tbs commissioners 10 to
be- subject to exceptions ia all its parts as
Is allowable in eases Of exceptions to reports
in this court in other sAsss. As 10 the easc
OF Vandorsn's administrators against Van
orsdals ns order 10 made in that cause a. this
time. bah it win await tas fnal tssisioa Of
this cause sftsr the reports Of ths commits
sisasr under this order.
A eopy---Tsste,