Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-05-15

I'm CHANCERY-vinorsiA Alta Circuit suocror
u Court of Law and Chancery, continued aud held for
Northumberland county, at the Courthouse on Satur-
day, the 4th of April, 1895:
Charles Jones and Edward Mcclellan, merchants and
partners, trading under the firm and by the and
style, Oh Jones Mcclellan, Complts
against
Robert Mayo, jr, administrators de bons with the
will annexed, OF William ID. Robinson deed, Sarah
Ricardo Robinson John Robinson, Benedict Walker
administrators of James c. Wright deed, and George
Henderson and cambridge Cox Administrators with the
will annexed, of William Henderson, dec d., who was
administrators of William ID. Robinson, dec d., Dcfs
THIS cause came on this day to be heard upon the
papers formerly read, and the report of Commissioner
Sydnor made in pursuance of the order made in the
cause OF the oath day of October, S4-and exception
taken to the said report by the plaintiffs. Jones and
Mcclellan, aud argued by counscs-On consideration
Whereof this Court doth sustain the said exception and
uot ecomm the SAID report to the Commissioner TO be
amended in that particular and the Court doth more
over adudgc order and decree that the defendant Robert
Mayo jr be- aud he is hereby appointed Commissioner
tor the purpose OF selling the lands III the dngs
mentioned, whereof William d. Robinson, deceased,
seized at the time of his dcaand that the said Robert,
well by virtue of the authority hereby vested in hin,
as Commissioner specially appointed by this court by
virtue OF his power administrator dc J0ais non with
with the will annexed of the said William ID. Robinson,
deceased do proceed to sell the said lands at public
uoh, upon inc premises, "a on as my be m'st conve
nent, (aiicr having advertised the sale news
paper printed in the City of Richmond for eight weeks
s9ccessvey and some newspaper printed in the City of
Washington for the period, upon u credit six,
twelve and eighteen months, in three equal ns,ancns,)
rcserving the title TIL the whole purchase money be paid;
and the Court is of opinion that the defendant Sarah
Il. Robinson widow Of the said William d. Robinson,
rs entitled ut law To damages for deorcemcnt of her dow
from the death of her husband she is entitled in
equity 10 compensation of the profits of the lands
whereof he died seized from the pcriodand may
therefore justly claim third part Of the said profits
from sosc persons, their representatives. by whom
the said profits have been received aud Ills 4re failed
To account to her for any part thereof
The Court doth therefore direct that the Cos.s;s
soncr of this Court do take profits of
the said lands whereof the said William d. Robinson
died seized, for third part whereof the widow en-
titled to an amount compensation for damages for her
dover, withheld from her in the lands
In taking which account, the Commissioner will in
ciude the rents and other profits of til, lands which
crued the year the said VIM d. Robinson died But the
Court does not design by this direction the and
prohts during that year, to preclude the parties from
testing the widows right TO any portion of the cmolu-
nens growing on the lands the the tcstaor died
he having died, obvious from the date and probat
his WILL between the lth of March and the ith of June
ANA the sald Commissioner Is moreover directed Ia
an account the same be required by of the parties
interested, between the said Sarah tie estate of her
deceased husband in order scw credits offsets
the estate be entitled to any such against her claim for
third part of the profits sad-An in taking the said
accounts the said Sarah is be charged with any
commissions to the persons who received the said profits
The Court is moreover of opinion that the heirs
OF the said William ID. Robinson, deceased, have
been properly excluded from interest in the profits
of the said lands because according to the fair cunstruc
ton OF the will of the deceased profits were ex
prcssy devised assets in the hands of the executors
Tor the purpose of paying dcLtsand the Commits
sionc Is moreover directed TO reform the balances stated
in his report made this cause far as the
herein ordered shall make necessary to change the
to examine and state any further debts which may he
proven before him by any creditors of the said deceased
whose claims have not heretofore been reported In
taxing which accounts, the said Commissioner is direct
ed to state any matters deemed pertinent by himself and
which may be required by any of the parties
Copy ;. a. NJ LELAND, G. c.