Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-07-06
A UC'EasbNS y.

jy5 L. d. s, co. Avc,s.
E N1TED States Court. 5th Circuit and East.
u District of Virginia, May 26;h, 1859,
David Buchan, aud james Bueian. ad'lnr Of James
ouchan deed, plfs., against Benjamin, FOLSOM,
'ate ShoriH of Stafford, and admir- de bonis non
WIN the Will annexed of John NJ. Daniel, deed,
ROBERT o. James, ud',nr do bonis non OF Benz amin
James decd, the Same Robert james, and john
AVA. Daniel' adm'rs dc bonis with the will annex.
o 19 OF Robert Buchan. Decd, the same Benjamin
toison, feter V. Daniel ad'mr dc bonis non with
the will annexed of rrayers Daniel. decd. John
Moncure, adin'r with the will annexed of Walter
H. Daniel, decd lato admr .f said Trayers Dan.
'ei Decd, Ly dia tristce, and Amos Fistoe, cx'ix
and cS'or at Thomas F,istoe, and Geor,s Bapko.
late Sheriff of Stafford, and ad'mr of Wn Ball.
which said Benz amn Tolson, Traycrs Daniel,
Thomas Fristoe, and William Ball, were the sure.
Ties OF John NJ. Daniel, decd, and Benianiiu james,
DECD, ex'ora ut Robert Buchan, decd, the same
!ohn Moncure, ad'mr with the will annexed OF
Walter X. Daniel, decd, and john iiedgmsu,
which Walter X. and John were sure;ies OF John
M Oancl, one Of the adm'rs de bonis non with tbs,
VIII annexed o: the said Rober; Bucl,an Mary
james, John j. Dcniott, and Villain S. James
suretes Of Robert B. James, the other ad'mr de bo
mis- non with the will annexed of the said Robert
buchan' and the same Mary James and j. Denlott.
suretics OF the said Robert b. James ad'mr do DO.
mis- non OF the said Benjuman James, decd, dts
In CHANcEsY.
The conditional decree entered in this cause, at
ths rules upon the original bill against all the de.
the return upon the original subpoena to be not
an inhabitant OF this district. having been served
upon all the DEFENDANTS except the said non resi-
dent defendant Robert B. james, and Walter r.
Daniel, ad'mr of Travers Daniel. who has died,
and Amos Fristoe. ex'or of Thomas Fristne, who
removed from this State after service Of the or.yi-
nal subpoena upon them, and before service of The
saio conditional decrcc-aud the subpoena sciro
'"clas upon the FIRST bill of revivor huvng been
served upon all The defendants, except the said
fNopert d. james, who not an mia mt Mt the
commencement OF this su t, the said Anus Fris,oe
VINO removed from this district since the service
upon MN OF tie original subpoena, the defendant
1ohn J: Denott who has removed from tins district
since the service upon him of the said conditional
decree, und before service of the said suupeepa
sSito iacias, and Lyaia FrlSloc, ex'ix OF Thonas
iris'oe' decd, who has died since the service upon
her OF the aid conditional decree und before ser
vice OIL the said su1pOeni scire tacils--aud il an
pearing to tho Court that the order made in tina
SUIT ON the thlrd day OF June, 1881, has BEEN duly
published, and the said dts, Amos Frstoe and
Jonn j. Demot, still failing 10 appear and file their
1T is ordered, that this suit
abdte, as TO the said Robert Is. james who way
not an inlabtunt of this district ut tie commence
ment OF this suit, and 10 the eit Lydia Fiistoe
and the Court doth take the bill for confessed az
TO oil the defts except those TO whom this suit
Ia abated as aforesaid, and except these who have
hieo theiF answer 10 the original bill, bills of revi-
Vol and supplemental bills; and the cause coming
on TO be heard the bills the answers ofthe detts
Benjamin folsom, au'mr &c Donis non with tho
VIII annexed of John NJ. Daniel decd md one Of
the sureiies of The SAID John NJ. Daniel i'm his bond
as ex'or of Robert Buchan, dvcd. and of the de-
fendant John Nj. Daniel, ad'mr de bonis non with
the will annexed OF Robert Buchan decd and Of
the said Peter V. Daniel ud',nr de bonis non ofrra-
vers Daniel, senr, decd, and of the dts Pbilip
Alexander, Arthur a. Moison and John Moncure,
eS'ors OF Thomas S:ddon, decd, aud the exhibits
and was argued by Counsel: On consideration,
whereof, the court doth adjudge order and decree:
hret, that the dett. Ronamin Tul.on ud'mr de DO.
his non with the will annexed Of John NJ Daniel
decd, who.was one of the ex'ors of Robert Buch
an decd readc- before committee OF ,.:s corr
accounts of the said John III. Daniels admin of
the said Buchan's estate and of his own admin Of
the estate of the said John NJ. Daniel, decd: se.
condiy, that the dett. John NJ. Daniel, one of tho
admrs de bonis non with he will annexed of Ro.
bert Buchan, decd, render account before the
same Commissioner. of his admin of the said
buchans estate: thirdly, that the Commissioner do
slate and report account of the admin of Ben
Jamn James, decd, Gone of the ex'ors of Robert
Buchan, decd.,) of the estate of the said
Buchan fourthly, that the said commission
er DO state and report account of tina
administration of Robt. b. James one of the
ad'mrs de bonis non with the will annexed of Ro.
bert Bnchan, decd, of the estate of the said Buch.
an and filthy, that the dvfts. cA'ors of Thomas
Siddon, decd, render account of the said Sid
d1n's agency for enjainn james, decd, ex'os of
Robert Buchan, decd, which accounts the commits.
soner Is directed to state and report the Court
with any spcciil matter deemed per iaent by him
sell, or requ rcd y any of the rites be sta
ted A Copy. Tesle, RID. JEFFRIES, OK