Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1830-07-15

~ WincfesteF, the fiPst G3v OF way, ls1UB
Ssaae pessOrsdals and Mario, his 'ogt,
PLATNTFFs,
AGAINST
Eacob Taadorsn aud Gayst Porhses ,9@saats-
sratozr If .Ja-ob J,atdoJeH. tke elder, dec.
and aea .Iqcob IN he's o,gn right, and end
Or. yrit F0rhees AID iIEEdbsih hi3 VJs,
Puzzle Bennett, late PssJs tcaderen, R,ch
ard Gari,eH end aIafts his ,sifs, James ID. |
1Yy7ev, Jacob Z. u. Ksrnsy, Eh:Gbsth
Kcs7ley. .Margersi Kesnsy, S,sGs ke'T'ey,
Jane Kefney, AID Catherine ke'rey,
DEFENDtNTs.
FFyITIS causs came on to DO heard this
3 fyt day Of My, 1880, upon the
bill. answers, Of Jacob Nandoran aad Phobe
Issscet, exhibits and dispositions; and II ap-
{ sring 20 lac Cosrt thai the subpuna has
been returned executed upon tina osleF do
PENDANTS more than four months, and they
still falling &c appear and answer, the bill -
taken for confessed against them: and also,
upoa the papers Of ths ease OIL Nande-
rams edministra ors against Hanorsdaie
and was argued By ceunssl---oa consideration
whereof the Court IS OF spiHloR 1hat tbs al
legged gift Of NaRdoren TO Naner:dale cannot
DO sustained, being against the statute OF
frauds and in contradiction to the evidence
c,i a sale IN 1927 Afforded by bonds which cvI
denee debt and saDnot be ctntIaaicjed by
oral evidence: Vangrsdsle - therefore 10 be
considered debtor - the estate te Ike amount
Of his bo6ds hnd the CoeTc IS further OF
opinion that for amy improvements anteiIor
to the date of the bonds IN 1871, Fuorsdsla
( is o.titled te credit against to lords alter
q 'ta,iuot,ne from the cests Of such improve
xnapts. tie Trat5 and profits 81 Ne land from
the time he tooA posScss,on until the contract
e bf 1921, of which an account must be taken
ssy7ka Court 10 furtRsr Of opnbon that none
a = r Il. sfat4tp pot
eonpciahlo 20 como iAto hotchpot ~nloss
ehey please hat unless hey 10 so, ths whole
oil the property left by tho iestator "ill 20 TO
such OF the parties as may Re willing 10 soms
Into partition bringing Their e6gnucGmenssi
20 hotchDot The Court IS further a. epin
ion that an account should bs stated ~
commissioner of the Court, setting: i.s1he
administration account, and ascertainng the
balance in tho hands OF the administrators OF
assets received eF which ore hEefy 10 DC a
sailable z. That he ahould then proceed 10
settle an account Of ARRANGEMENTS estimating
the value Of such Announcements and neither
charging upon them Interest, oF hiiss5 or
tents In this account he should present
separate views Of the real en< personal ad
vaneements to enable toe Court te decide IL
nany between tina parties. Cd Hat he
should then proceed 10 estimate tho yalus OF
fhs real estate descended, as alEC OF negroes or
other reTsonal estate not charged TO the ad-
rninistrafors in the edrninIstrs nop account
That when the account shall haze been adj
5usted thus far, Tho said COMMISSIONS saah
Cause notices to be personally served upon the
several heirs, informing them That the &C
counts have heea settled, and calling upon
them "a ecme in and declare or er baiore
some reasonable GAY, "a b. lIxed by INN,
whether they are willing to come into hotch-
e1i OF not.
H. He shall then bring into hotchpot the
advances OF such as consent 20 come IN, and
excluding the others, shall proceed 10 divide
The estate descended aed distr.butabie.
la setting tho advaReements 10 Jacob Van
Seran no saust be ahargeo WITH Ghe difference
between the fair nriee of the land and the
pree gwen; oeductng from such value, now
ever. the fair ya|ue OF his labor ioT his father
after ne attained his iull age, which services,
according TO the testimony &c Eyans, ought
Go be consjdeted as part Of The price paid
tits further adjudgad ordered and tecreed
- Chat this cause be referred to enc Of tina mas
Ger commissioners Of this Court to state and
settle the accounts hsrelh before yneatlosed,
in pursuaase Of tho above instructions, stat
ing all matters specially deemed pertinent
by himself or which either party quay re
Ouire to be specially stated, and make report
thereof 10 the Court ia Older TO a lual de-
cree
And the reportof the commissioner is to
be subject to exceptions in all It's parts as
Is allowable in cases of exceptions to reporn
an this court in other sases. As to the case
eff Vandoren's administrators against Van
orsdale no order is made m Mat cause at tbis
time, bal it will await tho faai decision el
this cause after the reports Of ths eonmis
sloner under this order
4 eoDy---'fes4s,
DAN'L LEE, c. ..
THE parties ;EteresIad IN tra absve suit
gre hereby ss5i.ueG. thaE 'eiN atiopd at ths
CissA's Office b h5agunz ourg, on Monday ms
e3th oas o. tas paast1 and eassg Upon ths
exssadon az tns sooVs rocitea aRtjer, saG
q coAtsrve ssSnJ cay 80 cay entii my repor. b2
: assrtteta. sSgaea ssc F7Aers taey FviIl attend
sgit4 thelF nscessary PROOFS ard papers
sEAAfdSS ksARARD, i5rs. orr