Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1836-08-29

Of Chancery: Al,
ison G. Porter. an infant under the aye oi twenty
''' 'e'''' Plaintiffs,
Against
Samuel Davidson, Thomas Dixon, Sheriff of
Campbell county, and as such administrator ~ no
NJ, non of Jeremiah Ingram, decd, Robertson
Cbeatllan Lewis Campbell, Samuel Dicke', liert-
are llomerion and Elizabeth his wife, III their own
right, and the said Heritage lio"eron as auhhnls-
traitor lie bons non, with the will annexed, o samuel
Porter, decd, Nancy Ingram, Icgrand Porter and
Stephen Bradley, Defendants
Is CnAScFRY.
This cause came on this day To be further heard,
on the papers formerly read, the report OF Commas
sioner " lat, made in pursuance OF the order OF te
l0th of August. 1873. with exceptions thereto by Tie
defendants. exhibits. and examinations OF Witnesses
sine, filed, and argued by counsel ON conside-
ration whereof the court delivered the following OPP
Mon The court IL far from beng satisfied "lththe
Commissioners report i'll this case. There can be
no doubt that the Executors III the proceedings
mentioned have managed the estate OF their tesla
tor, Porter decd, very in udclously. But ho"
many estates there managed otherwise, even by
the owners thereof II We regard the nett balance IN
none realized N the end OF each wear, compared
with the speculative value oi land and negroes
Who ever made profits by hiring negroes and rent
Ing lands Not one IN hundred. Ii IL the M
crease Of negroes, and the support of their own
and their increasing families, which consti-
the chief value OF an estate III lands and ne
groes. Half of the laborers in the field would gene
rally nlre for much as the whole will make. alter
dcducting the expenses OF the plantation and the
expenses OF their master and his family. II "ai
not the intention OF the testator, nor will the
court indulge the PROJECT, to put ms tNecu-
tors 10 keeping boarding houses, and his wild
and children to board with them. This is a
suit against executors and their securities the lat
terto be paymasters, 10 cause them to account for
the estate of their testator, which came to their
hands. The court wishes 10 be informed what each
executor actually received. and what he paid away,
either of debts due by the esator at the
time of his death or since his death, for the benefit
OF his devisecs. This should be stated with cXacuess
/ iipossiblc II not, with probable exactltndc. Spec
uativc profits and probable receipts are To be REJECT
ed. Probable profits to be fesurted TO only when
exact proof OF them cannot be referred to- The tcs
, tator died i'll November or December of l1l6 Two
/ executors qualified, one alone acting tor several
years. According to the tcsators will, his estate
not to be divided until his debts were paid. The
debts were small and the means OF payment avalla
l bl IN lSl7 were more than sufficient. According
to the will, the court considers the executor who
acted did right to keep the estate together during
ISL, TO make cops, aud to account for them and
To charge 10 the estate the expenses thereof and the
reasonable expenses otthe widow and children, all the
deyisees living together without discrimination. At
/ the beginning of 1878, lie ought to have divided the
estate, having then received money sufficient to pay
the icstators debts, and also the debts contracted for
thetamy in lSl7 or ha, inc in his hands the crops of
this year, sufficient, with the money received, or both
! purposes. The several and distinct interests of the
widow and children require that the court should
consider that what ought To have been done, was
done To a certain extent. Let there be an account
therefore, showing what the acting executor had re
cciecd, and What he had paid for the estate, or ex
pended for the widow and children To the ,t of Jan
uary, Isis. After this period the family still lived
together. and the estate was kept together maxi ing
or attempting to make profits by cropping. whereof
the executor CCeiycd the ayals and purchased
chandlZe and other neccSSarc> Tor the whole of the
deNsceS of one interest and has accordingly char
ged the in his account besides contracting debts
which he never pad. This wrong. Butth executor
i ought not to be charged with more than the crops
i he made, drducting the expenses thereof. nor ought
the dcvsccs to receive the merchandise and other
subjects, purchased ion their sc and the use Of the
young negroes, without accounting for the value
,he"i ing the proceeds OF the crops, as near as ma,
be, during the administration OF the first executor.
and he rents of land and hires of slaves, any de
Quoting the taxes and all expenses incurred, and di-
vide the nett proceeds between the several dcysees
according to the respective value of their several
lands and slaves employed. And thirdly let there
be AN account between each deSisec and the cxccu-
1 ton IN which the atteri to be credited ouly d
gainst each, for much of the merchandise pur-
chased Tor the family, which appropriated to the
/ separate use OF each. Cash paid ON account ot meat
/ bread, sugar coffee, and such like articles, being
used in common, must stand as Il general charge IA
gan>t all, first deducng one-third for the executor
] and his wife making onc-third OF the consumers
who should be excluded from the mess. Charge
ohethlfd OF The balance to the widow, and the bal