Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-05-18
NlRGiNlA:-At a Superior Court OF Chan .erv
holden at the Capitol, in the City of Richmond. on
Friday, April 10Th, 1880:
peyton II. Sterne. DIR

Friday, April 18th, 1880:
Peyton r. Sterne, PhH
Peter Sterns, administrator with the will anne xed Of
Elizabeth Sterne, dec, William NJ. watkin, and Henry
a; watkins executors Of Joel Watkins dec. William
mckinney executor OF John Wheeler, dec John Nose.
ley Sen, Dickerson Jennings. Eleanor Wheeler Abra.
ham Robertson. George Jordon, William How.on, VIII
liam Wheeler John Robertson and Richard Eppes She
riff OF Notoway and administrator with the will anne Z.
cd oil Isaac Winfree, dec and Francis Sterns,
decree Of the Court OF Appeal. was certified by the
Clerk thereof in these words Virginia: Alta Court nj
Appeals held at the Capitol in the City of Richmond
on Monday, February 10th. 1890: Pey,on r. Sterpe'
Appi' against Peter Sterne administrator wi the will
annexed OF E''z beth Sterne dec, William NJ. wakin,
and Henry A. Wakins,executors Of Joel Watkins, dec
william Mckinney executor OF John Wheeler. dec
John Moseley Sr. Dckerson Jennings, Eleanor Wh.e
Ier' Abraham KS6srt'on, George Jordon. William How
son. william Wheeler, John Robertson and Richard
EpIes Sheriff OF Holloway, and administrator with the
VIII annexed oil Isaac Winfree dec, and Francis Sterns
hppn; Upon an appeal from decree pronounced BY
the Superior Court Of Chancery held in Richmond on
the 9th day Of June, 1926 in a suit which the appellant
was plaintiff, and the appeees were defendants Thi,
day came the pare, by their Counsel and the Court
having maturely considered the transcript of the
OF the decree aforesaid, and the arguments of
is OF opinion that under the deed Of settlement In the
proceedings mentioned, Elizabeth Sterne on the dea,
OF her husband took the absolute propsrtv In the
which are the subject Of thu, deed The Court Is fur
Their oil opinion that the appellee, Peter Sterne h,s
wholly failed in his attempt up deed Of ei Of IN.
Gle Sterne, and that no such deed ever existed. Tn.
Court is further Of opinion that the will Of Elizabeth
Sterns In the appellants bill having been admit
ted to prohat by Court Of competent Jurisdiction and
never contested in the mode prescribed BY law mus, be
received as good and valid will The Court is further
oil opinion that by that will all th- said slaves wers be-
queathed to the appellant The Cour, further Of opn
ION that the appeees who have neither pleaded nor in
sisted by answer on the statute OF limitations cannot a.
van themselves OF That statute at the hearing and Ro.
berson the only appellee has relied en- the statute
haVI TAI 10 k.,
out OF the case as to all the appellees The Court is
further OF opinion that the sale Of slaves made by Fran
CTS Sterne to the Wheeers took place after the death of
Elizabeth Sterne The Court is further of opnion IN al
such OF the appeIees this bill who may have in pos
session any OF the said slaves, whether holden under
safes from Francis or sales gifts by Peter do deliver
me same TO the appellant and account with him for
their reasonable hire and pros and that where from
any cause such delivery cannot be ha the said Peter
Sterne be held personally liable for the value of such
slaves at the date of their SALE with legal inersst on
such values until pad and that in all cases Peter
IS liable for hires and profits of the slaves till Sold
anu TO ascertain these points the Court of Chancery il
directed to re'er the case to Commissioner; aud that
the sa decree IL erroneous therefore l, decreed
ordered that the same be reversed and annued:
and that the appellees who executors at admnis
traitors out oil the estates of their and
intestates in their bauds TO be amins. red and the a.
Their appeliees in their right do pay unto the apne
liant his costs by him expended in the prosecution Of his
appeal aioreaid here Aud is ordered that the cause
be remanded to the said Court Of Chaucery to he pro.
ceeded in to final decree according the principle,
now laid down. which is ordered to be certified TO the
said Superior Court Of Chancery Appellants costs in
the Court of Appeals hundred and eighteen doar.
and eighty'two cents. Copy Teste, ]. Allen G. G.
Whereupon this Court in conformity with the said
cree doth se aside the decree in this cause of the bb
oil June 1885, and doth adudge, order AMI decree that
the defendants who are executors and adminsr tors
out oil the estates OF their respective tesators and in
tssta'es in their hands to be administered and the o.
ther defendants in their right do pay unto the plt
his costs by him in the Court Of Appeals expend- Id.
and that such Of the defendants who may have in
session any of the slaves aforesaid whether holden un
der GALES from Francis Sterne sales or gifts by
Sterne, 10 deliver the TO the pf and the Court
doth refer tho accounts between the parties 10 one of
the Commissioners, who is directed TO examine s.te
and settle the same according TO tho principle, contain
ed in the foregoing decree: that the accounts of hr.s
and profits OF the said slaves therein be also
stated by the ssd Comm sioners, aud that he report
the same TO the Court with any matters specially sta
ted deemed pertinent by himself. which may be re-
quired by the parties TO be go stated.
Copy. Teste,
WM. G. PENDLETON, C. C.
COMMISSIONERS OFFICE,
Richmond, May l3fh, 1880.
Inc parties interested will please take notice that
have appointed the 2Sh day Of July next, to commence
the accounts directed in the foregoing ORDER on which
day at O'Clock, A. NJ, they required 10 ate nd at
my Once in this City with their accounts, vouchers
&C. ready for examination and settlement and with
othee copies oil the necessary Court papers
HILARY BAKER,
. Commissioner.
Way TO- 3-w4w
To the Supanumerdry Officers Of the Virginia State
Line, during the Revolutionary War.