Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-05-29

In CIiANCERY --vRc,SiA.--Ata Circuit, Superior
Court Of Law and Chanecry, continued and held for
NorthunDerand county, at the Court house. Satur-
day, the Attn of April lcs5
Charles Jones and Edward Mcclellan merchants and
partners, trading under the firm and by the name and
s'y'c, Oh Jones ~ Mcclellan, Ccns,ls.
against
Robert Mayo r Administering dc bonis non with tho
WI! annexed, OF William d. Robinson decd. Sarah
Ricardla Robinson, John Robinson Benedict Walker
administrators OF James G. Wright, decd and George
Henderson and cambridge Cox Administrators itb tho
wiil annexed, oil William Henderson, decd who was
administrators OF William ID Robinson dec d. Dcns
This cause came this day be heard upon the
papers formerly read, aud the report of Commissioner
Sydnor, made in pursuance of the order made i'm the
of the 9th day of October ci-and an xceution
taken to the said report by the plaintiffs. Jones and
Mcclellan and asargued by counselOn consideration
whereof tins Court doth sustain the said exception and
doth rccomt the said report TO the Commissioner 10 be
amended in that particular and the Court doth more
over order and decree that the defendant Robert
Mayo Jr be- and he is hereby appointed Commissioner
iof the purpose of selling the lands tia. proceedings
mentioned, whereof William d. Robinson deceased, was
seized al the time of his deahand that the said Rober,
as well by virtue of the authority hereby vested i'm him
as Commissioner specially appointed by this court as by
virtue OF ms power as administrator dc tOnis non with
with the will cxcd of the said William d. Robinson
deceased do proceed to sell the said lands at public auc
ton, upon the premises, may be most conve-
ncnt (after having advertised the sale i'm some news
paper printed in the City of Richmond for eight weeks
sicccssvey and some newspaper printed in the CITY of
Washington for the period, upon credit ofsix
twelve, and eighteen months in three equal instruments
rcscrving the title till the whole purchase money be pad
and the Court is of opinion that dcic ndant Sarah
H. Robinson, widow of the said William ID. Robinson
Is entitled at law to damages for defoccmcn of her dow
or from the death of her husbands she is entitled in,
equity TO compensation of the profits of the lands
whefcof he died seized from the pcriod--and may
therefore justly claim third part of the said profits
from those persons, their representatives. by whom
the sand profits have been received who have failed
TO account to her for any part thereof.
me Court doth therefore direct, that the Commits
soncr OF this Court do take the profits of
the said lands whereof the said William d. Robinson
u'ed TO an amount as compensation for damages for her
dover, withheld from her in the lands.
In taking which account the Commissioner will in
Guide The rents and other profits of the lands which ac
crued the year the said WIN d. Robinson died But the
Court does not design by this direction as To the rents and
profits during that year preclude the parties from, con-
testing tie widow right to any portion of the cnolu-
ments growing on the lands the year the testaor died
lie having died. obvious from the date and probat of
his will between the th of March and the 18th of June
And the said Commissioner is directed to state
an account 1.-THE be required by any of the parties
Interested, between the said Sarah and the estate of ber
deceased husband in order scw credits or offsets if
The estate be entitled any SUCH against her claim for
third part of the profits And in king the
accounts the said Sarah is to be charged with any
commissions to the persons who received the said profits
Inc Court is moreover of opinion that the heirs
OF the said William d. Robinson. deceased have
been properly excluded from any interest in the profits
oil the SAID lands because according the fair constrc-
ton OF the will of the deceased those profits were ex
pessy devised assets in the hands of the executors
Tor the purpose of paying debts-and the Commits
sioner directed reform the balances stated
in his report made in this cause far as the correctons
herein ordered shall make necessary to change the
same.
And the Court doth direct the same Commissioner
10 examine and state any further debts which may be
proven before him by creditors of the said
whose claims have not heretofore been reported. In
taxing winch accounts, the said Commissioner direct
cd TO state any matters deemed pertinent by himself and
which may be required by any of the parties
copy. ). A. Nj. LELAND, c. C.