Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-06-12

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IN ANCERY--VIRGISlA-At a Circuit Superior
"a Court of Law and Chancery continued and held fer
Northumberland county, the Court house on Satu5-
day. the 4th of April, 1885:
Charles Jones and Edward Mel elan merchants md
partners, trading under the firm and by the name and
style, of Jones q Mcclellan Complts
against
Robert Mayo ir Administrator de bonis non with The
will annexed, of William d. Robinson dec d. Sarah
Ricardo Robinson, John Robinson, Benedict Walker
Administrator OF James G. Wright, dec d. and Gcorpc
Henderson and cambridge Cox Administrators with tie
will annexed, OF William Henderson, dec d. who yas
Administrator OF William ID. Robinson. deed. Dcfts.
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 9th day of October an exception
taken to the said by the plaintiffs Jones and
Nc Lelan and was argued by counseOn consideration
whereof this Court doth sustain the said exception and
dolh recomnt the said report to the Commissioner be
amended IN that particular and the Court doth more
over adudge order and decree that the defendant Robert
mayo IT. be- and he Is hereby appointed Commissioner
tor the purpose of selling the lands in the
mentioned, whereof William ID Robinson deceased vs.
seized at the time of his deathand that the said Knh
as wen ny virtue OF the authority hereby vested i'm him
as Commissioner specially appointed by this court as bv
virtue OF his power administrator dc Jons nom with
witiatl will annexed, OF the said William D. Robinson
deceased proceed to sell the said lands at public auc
ton, upon the premises, as may be most conyc
nent, aiter having advertised the sale in news
paper printed In the City of Richmond for eight weeks
successvcy and newspaper printed in the CITY of
Washngton tor the same period upon a credit of sr
twelve, and eighteen months in three eoal
reserying the title TIL the whole purchase money be paid
and the Court is of opinion, that defendant Sarah
H. hoblnson, widow of the said William d. Robinson
ened at law to damages for enforcement of her dow
er from the death of her husband she entitled in
equity TO compensation of the profits of the lands
whereof he died seized from the period-and may
therefore justly claim oncthrd part of the said profits
from those persons, their representatives by whom
the SAID profits have been received and who have ailcd
TO account to her for any part thereof
The Court doth therefore direct that the Commits
sioner of this Court do take AN account of the profits of
the SAID lands whereof the said William d. Robinson
died seized for onethird part whereof the widow is en-
ted to an amount as compensation for damages for her
dower, withheld from her in the lands
In taking which account the Commissioner win IN
clude The rents and other profits of the lands which me-
crued the year the said Wni ID Robinson died Butt
Court does not design by this direction as The
profits during that year to preclude the parties from con-
testing the widow right 90 any portion of the cmolu
ments growing on the lands the year the testaor died
he having died. obvious from the date and proba Of
his WILL between the th of March and the 18th of June
And the SAID Commissioner is moreover directed to state
an account the same be required by of the parties
interested, between the said Sarah and tile estate &c .r
deceased husband in order TO shew credits or offsets II
tile estate be entitled to any SUCH against her claim for
third part of the profits aforesaid in tany the sod
accounts the said Sarah - not to be charged with any
commissions TO the persons who received he said prots
The Court ~ moreover of opinion that The hcirs
of the said William D. Robinson deceased have
been properly excluded from any interest in the profits
inc SAID lands because according the fair c0nsruc-
ton OF the will of the deceased those profits were cx
pressy devised assets in The hands Of the executors
Tor the purpose of paying dcbtsand the Commits
sioner rs directed 10 reform the balances stated
IN his report made this cause so far as the corrections
heren ordered sull make necessary to change the
And the Court doth direct the sai1c Commissioner
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 COMMISSIONS is direct
which may be required by any Of the parties
Copy. 5. a. NJ LELAND, G.. G.