Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-06-08

NIRGINIA:--M a Superior Cour, OF Chsncerr
holden at the Capitol iy the City Of Richmond, on
Friday, April l6h 1880: 49,
Peyton r. Sternc, p,tG
| against
Peter Sterns, administrator with the will annexed Of
Ehzaoeih Sterne, dec, William NJ. Watkins 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-
nam hooertson, GEORGE Jordon, William Howson, VIII
liam Wheeler John Robertson and Richard Eppes She
rih oil Notoway and administrator with the will annex
Gu oil Isaac "iniree' dec, aud Francis Sterne,
A decree of the Cour, of Appeals was certified bv tho
Clerk thereof in these words: Virginia. At Cont of
Appeals held at the Capitol in the City of Richmond
on Monday, February 10th, 1880: Peyton r. Sterne
Appl' against Peter Sterne " ih The viii
annexed oil Ezabeth Sterne dec, William nj. Watkins
anu iehry a. atkins, executors OF Joel Watkins dec
wnnam Nichinney executor OF John Wheeler, dec,
John Moseiey Sr Dckerson Jennings, Eleanor Vince,
ier Abraham Robertson, George Jordon William How.
son, William Wheeler, John Robertson and Rich,rd
Eppes Sheriff OF Nottoway, and adm with m.
l annexed oil Isaac Wniree dec, AMI Francis S,.rne
Applt: Upon an appeal from a d, rec lr.,,unc.J bv
inc superior Court OF Chancery held in Richmond on
the 9th day OF June, 1926, in suit which the appe,nt
was plaintiff, and the sppelees were defendants This
gay 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 oil opinion that under the deed OF settlement i'm the
p oceedings mentioned, Elizabeth Stern. on The deail,
oil her husband took the absolute property in the slaves
whch are the subject OF that deed The Court is fur
ther oil opinion that the appellee, Peter Sterne has
wholly failed in his attempt set up deed of IN of the
sai slaves by tho said Elizabeth to himself and Fran
CTS Sterne and that no such deed ever existed Tn.
our Is ur'her oil opinion that the will of Elizabeth
oterne In the appellants bill set outhavng been admit
leu prooat by Court of competen, jurisdictions and
never contested in the mode prescribed by law must he
received as good and valid will The Court il further
oil opinion that by that will all the said slaves were he
Iueaed 10 the appellant The Court is further of opin-
ION mat the appeees who have neither pleaded nor in
sisted by answer on the statute of limitations cannot a.
van themselves OF that statute the he airing and Ro
bertson the only appellee has relied en- he sab,t
wit "a
OUT oil the case as TO all the appellees The Court i,
urner oil opinion that the sale of slaves made by Fran.
Elizabeth Sterne. The Court fur Their of opinion that
such oil the appelees TO this bill who NAV have in nos
Session any OF The said slaves whether holden under
safes from Francis, or sales gifts by Peter do deliver
'ne same TO the appellant aud account with him for
their reasonable hire and profits; and that where from
any cause such delivery cannot be had the said Peter
Sterne be held personally liable for the value of sucb
slaves al the date of their ale with legal on
suGh values until paid and that in all cases Peter Serne
IS aoe Tor hires and profits of the slaves till sold:
10 rtaln these points the Court of Cbancerv ia
directed 10 refer the Commissioner: and ibat
decree erroneous; therefore ii is decreed and
oruered mat the same be reversed and apnulled.
aud that the appeees who executors and admnis
ou' oil 'e estates oil their respective estators and
ln'esates In THEN hands 10 be administered and The a.
ther appellees IL their right do pay unto the anneI
an MS costs by him expended in the prosecution of his
appeal Aforesaid here And is ordered that the cause
ne emanted 10 the said Court Chancerv In he nro
ceeded In TO final decree according to the principles
now iSld down, which is ordered to be certified 10 the
Nourt oil Cnancery. Appellants costs in
the Court oil Appeals hundred and eighteen Jors
ana eIghty.two cent? Copy. Teste, j. Allen C. e.
"hereupon this Court in conformity with the said do
cree doth set aie the decree this cause of the 5b
OF june 1885, and doth adjudge order and decree that
Tue defendants who and administrators
oo OF the estates OF their respectiv testa,ors and in
testaies in their hands 10 be administered and the a.
,ner defendants in their right, do pay unto the Mfr
MS costs by hun in the Court of Appeals expenJed.
ana mat such oil the defendants who NAV hav i'm nos
session any oil the slaves aforesaid whether holden un
er sales from Francis Serne sales or gifts by Peter
S'eIhe' DO denver the TO the pl and the Court
uo'h refer the accounts between the PARTIES 10 one of
me commissioners who is directed TO examine stat.
ana settle the same according to the principles contain.
Ell IN me foregoing decree that the accounts of hires
ana prohts OF the said slaves the he a
stated by the said Commissioners, aud that he renort
the same TO the Court with any matters specalIv STA
ted DEEMED pertinent by himself or which NAV be- re-
CURED by the parties TO be 20 stated
Copy. Tes.e,
VIM. G. PENDLETON, C. c.
COMMISSIONERS OFFICE, ,
~ Richmond May 18Th, 1880
ne parties interested will please take notice that
nave appointed the 2sh day OF July next to commence
me accounts directed in the force going ORDER on which
DAY al o'cock. "A. NJ they required TO attend At
my onlce IN this City with their accounts vouchers
&c ready Tor examination and settlement, and with
ofce copies Of the necessary Court papers
HILARY BAKER,
Commissioner.
May 49, swd