Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-05-08

I'm CHANCrRY -vireixIA.-Ata Citeus
n Court OF Law and Chsnccry, continued ann
day the 4th Of April, 1895:
Charles Jones and Edward Mcclellan. mereb
partners, trading under The firm and by the ils
style, OF Jones " Mcclellan, o.
against
Robert Mayo ir Administrator de bonis non with Tho
will annexed, OF William d. Robinson deed S,s saI
Ricardo Robinson, John Robinson Benedict WolLcr
Administrator of James c. Wright dec d. aud Gcorge,
Henderson and Dandridec Cox Administrators ,, IT.
will annexed of William Henderson deed WIN ra
administrators OF William ID. Robinson decd Dcfs
ih's cause came on this day to hc heard upon the
papers formerly read and the report of Commissioner
Sydnor, made in pursuance of the order made in Tho
cause OF the oath day of October Isdand am cxcc,,;on
nAen to the said report by the plaintiffs Jones and
Mcteiian and was argued by counselOn consideration
Whereof this Court doth sustain the said exception and
doth rccommit the said report the Commissioners 10 be-
amended IN that particular and the Court doth more,
over adudgc order and decree that defendant Robert
Mayo, Jr be. and he is hereby appointed Commits
Tor inc purpose OF selling The lands in the proceedings
mentioned, whereof William u Robinson, deceased was
seized at the time oihs dcah--and that the said Robert
as well by virtue of the authority hereby vested in him
as Commissioner specially appointed by this court as BY
virtue ci nus power as administrator ds L0ns non, with
with the will annexed, of The said William d. Robinson
deceased do proceed to sell the said lands public auc
uoh upon tie premises, as s)on as may he most
nien (oiter having advertised the sale in some news
paper printed in the City of Richmond for EIGHT weeks
successfully. and newspaper printed i'm the civ of
Washington for the period. upon credit ofsix
twelve and eighteen months in three equal ins,npe,
cserving the title till the whole purchase, ,onev
and the Court is of opinion, that the ndan Sarah
X. Robinson, widow Of the said William ID Robinson
is entitled ut law to damages Cor eiocement of her dow
er from The death of her husband she is entitled in
equity to compensation out of the profits of the lands
whereof he died seized from the same perod-and may
iefsfore justly claim onethird par, of the said profits
Afpm those PERSONS or their representatives by whom
hesad profits have been received have failed
to account to her for any part thereof
The Court doth therefore direct. that the Commits.
soncr OF this Court do take account of the profits Of
the said lands whereof the said William d. Robinson
died seized for one-thrd part whereof the widow is en-
ne ncaf,,.
dover, withheld from l.er in the lands
In taking which account the Commissioner will in
clude the rents and other profits of the lands which ac
crued the year the said VIM. d. Robinson died But the
Court does not design by this direction the and
pots during that year. To preclude the parties from
eSuhg thc widow right to any portion of the emolu-
hens growing on the lands the year the psator died
ne having died. is obvious from the and proba of
ms wil between the lh of March and the III of juno
ana e said commissioners is moreover directed state
an account II the same be required by any the parties
neTcstcd between the said Sarah and the estate of er
deceased husband in order TO show credits or Offsets f
me estate be entitled toany SUCH against her claim for
third part of the profits aforesaid the said
accounts the SAID Sarah is not g Sc CHARGED vitI
commissions to The persalsN received the said nroGt
'!"'-s4liAFt-1s moreover of opinion that the heirs
OF the SAID William d. Robinson. deceased have
heen properly excluded from any nrrcst in tho nro6.
OF the SAID lands, because ACCORDING 10 th ,;r
ton OF the will Of the deceased os,. prots ,ccrc
pfessy devised as assets in the hands the executors
Tor inc purpose OF paying debtsand the Commits
oe Is moreover directed To reform the balances stated
IN ms report made in this cause far MS the cor ions
herein ordered shall make necessary to change the
And the Court doth direct the same Commissioners
TO examine and state any further debts which may be
proven before him by any creditors of the said deceased
whose claims have not heretofore been reported In
taking which accounts the said Commissioner is direct
Gu 10 state any matters deemed pertinent by himself and
which may be required by any of the parties
Copy 3 a. NJ. LELAND, G. c.