Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-05-22


I'm ChANCERY--VRa circuit Supcrior
q Court of Law and Chancery, continued and held for
Northumberland county at the Court. honsc ON Sam
day, the 4ti of April, 1885:
Charles Jones and Edward Mcclellan merchants and
partners, trading under the firm and by the name aud
syie, Oh Jones ~ Mcclellan, Complts.
Robert Mayo jr., Administrator de bons non with The
VIII annexed, OF William ID. Robinson, decd Sarah
Ricardia Robinson, John Robinson, Benedict Walker
Administrator of james G. Wright dec d. and Georps
Henderson and cambridge Cox, Administrators with the
VIII annexed, OF William Henderson, decd, who was
Administrator of William d. Robinson, dec d. Dchs
This cause came 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 gath day of October 1S34-and an exception
taken to the said report by the plaintiffs Jones and
Mcclellan, aud argued by counsel-On consideration
Whereof this Court doth sustain the said exception and
doth recomt the said report to the Commissioner 10 be
amended in that particular: and the Court doth more
over adudge, order and decree that defendant
si~y9 j. De- ana ne hereby appointed Commissioner
for the purpose OF selling the lands in the
mentioned, whereof William d. Robinson deceased was
seized at the time of his deatGnd that the said Rober
as well by virtue of the authority hereby vested in him
as Commissioner specially appointed by this court as bv
virtue OF his power administrator dc JOnis non with
with The Will annexed, of the said William D. Robinson
deceased do proceed to sell the said lands at public auc
uoh upon the premises, as may be most conve
nent, (aftcr having advertised the sale in some new,
paper printed IN the City of Richmond for eight weeks
s9ccesvc and some newspaper printed in the City of
Washington for the period, upon n credit ofsix
twelve, and eighteen months, in three equal nstalmcnts
Teserving the title till the whole purchase money be mid
and the Court is Of opinion that the defendant Sarah
r. Robinson, widow of the said William ID Robinson.
is entitled at law to damages for efocement of her dow
er from the death of her husband so she is entitled in
equity TO compensation out Of the profits of the lands
whereof he died seized from the same pcrod-and nav
therefore justly claim one.hird part of the said profits
from tosc persons, or their representatives. by whom
the SAID profits have been received and who have failed
10 account to her for any part thereof.
The Court doth therefore direct tllat the Commits.
sioner OF this Court do take of the profits of
the. said lands whereof the said William d. Robinson
died seizcd for third part whereof the widow is en-
ted 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 the lands which ac
crued the year the said VIM d. Robinson died Rnt The
Court does not design by this direction 20 the and
pros during that year, to preclude the parties from con.
'csuhs thc widow right TO any portion of the emolu-
menis growing the lands the year the tcstator died
he having died. is obvious from tho date and roba NJ
his will between the t Of March and the 9TH of June
Ana the sa'd Commissioners directed To sato
an account u TIC same be required By any the parties
Interested between the said Sarah and the estate of her
deceased husband in order shew credits or Offsets IL
the estate be entitled TO any SUCH against her claim for
third part of the profits aforesaid t said
accounts, the SAID Sarah not to be charged with any
commissions to the persons who received the said profits
Inc Court IS moreover Of opinion that the heir.
OF the said William ID. Robinson. deceased have
been properly excluded from interest, in tho ro6ta
oil the said lands because according 10 the fair ns,c
ton OF the will of the deceased these profits were ex.
Pressy devised assets in the hands OF The executors
LOT the purpose OF paying dcbisand the same Commis.
sioner is moreover directed 10 reform the balances slated
IN his report made in this cause so far az the corrections
herein ordered shall make necessary change the
And the Court doth direct the same Commissioner
10 examine and state any further deLts which may be
proven before him by any creditors of the said deceased
whose claims have not heretofore been reporicd In
taxing winch accounts The said Commissioner is direct
ca to state any matters deemed pertinent BY himself and
witch may be- required By any of the parties
a copy. =. Il. NJ. LELAND, G.. G.