Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1830-07-22

VTREfNlA, TO wTy
o. the superior Court gof chsneery, holden at
Winchester, the first day Of MAJ, 1880,
Isaac VaaorsdGle and Mario, his tOye,
PLASTIFPs,
AGAINST
Jacob Vcadorsn and GayTeI Vorhess, .7d1nvlss-
TRAITORS af jacob Hasdoren the elder, dec.
and said .Iasob ~ his olen right, aud said
Garrett Poghee: and Elisabeth has pge,
Pksbe Bennett, late Phebe VG1dOren, Rieh
ard CvtreH and .aIoria his ,eye, James H.
Kensey, jacob T. ID. Ke7ssy, Eisabsth
Rerpsy, .Nargwd KerHey, S,,s0s ReTIsey,
Jals KeTney, and Cash0ine ReTHsy,
DEFESD4Nrs.
| TENITS case came on TO be heard this
81 first day OF May, 1880, upon the
bill, answers, Of Jacob Vasdoran aud Phebe
Bsnset, exhibits and depositions; and # APP
psariag to the Court that the subpoena has
been returned executed upon the other de-
PENDANTS more than four aorths, and they
stllI falling to appear and shswer, the ball IL
taken for confessed agsinst thsm: and also,
upon the papers OF the case Of Fando
rams administrators against Nanorsdale
and was argued by counsel on consideration
whereof the Court is of spinisn that the al
legged gift Of Vandoren to Eanorsdale cannot
frauds and IN contradiction TO the evidence
Of sale in 1891 afforded by bonds which eyi
denae a debt ard cannot be c. ntradicted by
oral evidence; Vanorsdale is therefore TO be
considered debtor TO the estate to the amount
OF his bonds And the Court is further OF
opinion that for any improvements anterior
TO the date Of tire bonds IN 1871, Fsaorsdale
is entitled 10 credit against a. bonds after
deduetug from the costs of such improve
ments, the rents aud profits Of He land from
the time he took possession uDth the contract
Of u sal, OF which an account mustbe taken.
The Court is further Of opiuson that none
of tse representatives OF she dscedent are
compelahle 10 cone into kotchpot unless
they please, but unless they do SO, the whole
Of the property left BY the Testotor will go to
such of the parties as may be willing 10 genre
into partition, bringing thsr siiyaucements in
10 hotcbpot. The Court is further Of opin-
ion that au account should be stated by
commissioner Of the Court, setting: /. The
administration account, end aseeftaining the
balance ID the hands Of the administrators of
assets received Or which are likely 10 DO a.
valuable. 2. That he should then proceed to
gettls an account of advancenenis estimating
ito value OF such adyancemcn's and neither
charging upon them interest, or hires, or
rents. Ia thss account he should present
separate views Of the real and personal al
vansements TO enable Me Court 20 decide fl
naly between The parties. Sd That he
should then proceed TO estimate the value OF
tbs real estate descended. as also OF negroes or
other personal estate not charged 10 the ad
ministrators IL tAe administration account
That w!gsn the account shall have been al
justed thus Tar. the said commissioner eaail
cause notices to be personally served upon the
several heirs, informing them tina. tlg& az
counts have hcen settled, ami ealing upon
kasm TO come IN and declare on or before
sop1e reasonable day, To he liked by,Alm,
whether they are willing TO come into hotch-
pot or not
a. He shall then bring into hotcbpot the
advances OF such as consent to come in. and
excluding the others, shall proceed 10 DIVIDE
the estate descended and distyibutable
10 settling the adsaReementst to Jacob Van
doran he must be charged with The difference
betweea tde fair price of the land and the
price givenS deducting from such yaios how
ever, the fair value Of his labor for his father
after he attained DIS full age, which services,
according 10 the tesNnoay OF Evans, ought
10 be considered as part Of the y1Tce paid.
It's further sdjudged. ordered and. decreed
bat thls cause be referred 10 sne of the mas
seT commissioners Of this Court to state aud
settle the accouats herein before mentioned
IL pursuance OF Ne above Instructions. stat
Ing all Mates specially deemed pertineat
by himself or which eilhe. party saay re
ouire to be specially stated and make report
thereof ts the Court in oldeT 10 = final de-
cree.
And the reportof tAe commissioner 10 TO
be subject TO exceptions ia all its parts as
10 allowable in cases Of exceptions TO reports
IN this court in other eases As to tue case
sf anGoraa administrators against Vss-
ogsdele no order i. made in that cause at ikis
time. but IL will await tlo dnal decision 81
thu cause aiisr the reports Of The commits
sioner. under thls order.
A oopy-- Tsste,
DAM LEE, c. c.
THE parties Interested in the above suit.
are horeby Aotiisd, that Nil attend at the
Ciak , Office in MartiHsburg, OF Monday the
26thday OF this month ami cn,el. upoa he
a. -FX al