Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-05-25
May Is.

Friday, April 18th. 1885,
Peyton X. Sterne, PhH
against
Peter Sterne administrator with the will anne ed nj
Elizabeth Sterne, dec, William NJ wa,kin. and Henry
A. Watkins executors of Joel watkins d-c.. William
Mckinney executor OF John Wheeler, dec John Nose.
ley Sen, Dickerson Jennings Eleanor Wheeler Abra.
ham Robertson, George Jorion, William Howson, wiz
liam Wheeler John Robertson and Richard Eppes, She
rft oil Notoway aud administrator with the Will auner.
cd oil Isaac "in'ree, dec an' Francis Sterne,
Dsfdts.
decree Of the Cour, of Appeal. was certified by tho
Clerk thereof in these words: Virginia: At Court of
Appeals held at the Capitol, in the Civ OF Richmond
OH Monday, February 10Th, 1885, Pey,on r. S,erne
App against Peter Sterne administrator with the will
annexed OF Ez beth Sterne dec, William NJ Watkins
and Henry A. Watkins executors OF Joel Watkins dec
william Mckinney executor of John Wheeler dec,
John Moseiey ST. Dickerson Jennings, Eleanor Whee-
Ter, Abraham Robertson, George Jordou, William How.
son, William Wheeler, John Robertson and Richard
Ep es Sheriff OF Notoway, and administrator with the
WIN annexed oil Isaac Winiree dec, aud Francis Sterns
hPplt: upon an appeal from a decree pronounced bv
the Superior Court of Chancery held in Richmond on
the 9th day Of Jnne 1896 in .u which the appeiI.nt
was pia'n'iii and the appeilees defendants This
day came the parties by their Counsel and the Court
having maurely considered the transcript of the record
OF the decree Aforesaid, and the arguments of counsel
is OF opinion that under the ded OF settlement in the
proceedings mentioned. Elizabeth Sterne on the death
oil her husband took the absolute property in the slaves
which are the subject OF that deed. The Court is fur
Their OF opinion that the appellee Peter Sterne has
wholly tailed in his attempt 10 upa ell of elf Of tho
said slaves by the said Eiz beth himself and Fran.
els Sterne, and that such deed ever existed The
Court is further Of opinion that the will of
S'erne In the appellants bill having been admit
ted 10 pohat by Court Of competent urisdic,ion and
never contested in the mode pre- crbed by law must be-
received as good and valid will The Court is further
oil OPINION that by that wia the said slaves were be-.
queahed to the appellant The Cour is further of opin.
ion that the appeees who have neither Pleaded nor in
sisted by answer the salute OF Imit atoms cannot A.
val Themselves OF that statute at the hearing and Ro-
beson TIE only appellee who has relied on The statute
having allied TO bring himself within it, the statute is
out OF The case 10 all the appelees The Court 1,
iurhtr oil opinion that the sale of slaves made by Fran
els Serne to the Wheeers took place after the death of
Elizabeth Strrne The Court is urther OF opinion that
such oil The appeees TO this bill who NAV have in nos.
session any oil the said slaves whether holden under
sales from Francis sales gifts by Peter do deliver
me same 10 the appellant and account with him for
their reasonable hire and profits; aud that where from
any cause such delivery be had the said Peter
Sterne he held personally liable for the value of such
slaves, al The date of their sale, with legal interest on
such values until paid: and that in all cases Peter
IS liable for hires and profits of the slaves I sold,
and TO ascertain these points the Court of Chancery 10
nrec'ed 10 reier the case to Commissioner and that
the said decree IL erroneous; therefore is and
ordered that the same be reversed aud annulIed;
and that the appellee who executors and admins
traitors out oil the estates of their and
intesdts In their hands TO be admnise red and the n
Their appellees in their right do pay unto The appe
liant his costs by him expended in the prosecution Of hi,
appeal Aforesaid here And is ordered that the cause
be remanded to the said Court of Chancery to be pro-
ceeded III TO final decree according to the principles
now laid down, which is ordered be certified TO tho
said superior Court OF Chancery. Appellants costs in
e Court OF Appeals huuli cd and eighteen doIlars
and eighty two cent? Copy. Teste, J. Allen c. G.
"hereupon this Court in conformity with the said de-.
cree, doth set aside the decree in this cause OF the 9Th
OF June 1926 aud doth adjudge order AMI decree that
the defendants who ase executors and admnistr atcrs
out OF the estates 0 their ecve trstaors and in.
testaes III their hands to be administered and the o.
Their defendants in iir right do pay unto the pIt
his costs by him in the Court OF Appeals expended:
and that such OF the defendants who may have in pos-
session any of the slaves aforesaid, whether holden n.
der sales from Francis Ssrne sales or gifts by Peter
Slerne do deliver the 10 the pll: and the Court
doth refer the accounts between the parties TO one of
the Commissioners, who IL directed TO examine, state
and settle the according TO the principles contain.
ed in the fore going decree: that the accounts of hires
and profits OF the said slaves therein be also
stated 10y The said Coium sioners aud that he report
the same TO the Court with any matters specially sta.
ted deemed pertinent by himself, or which may be 70.
CURED by the parties TO be stated.
Copy. Tese,
WM. G.. ENDLETON, c. q.
COMMISSIONERS OFFICE,
RichmoHd. Nay 13fh, 1880
The parties Interested will please take notice that
have appointed In" 2S day OF July next 10 commences
he accounts directed in the foregoing ORDER on which
day al o'cock. a. Nj they required 10 attend at
my Office in ths City with their accounts, vouchers
&c ready Tor examination and settlement, and with
ONCE copies OF the necessary Court payers.
HILARY EiKER,
COAIHis.iOHCr.
May 49, 8-wdw
\WlRGlNlA; In Chsncery.-At Court continued
and held for Buckingham county, the 1lh day Of