Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1836-08-15

4 + a Cncuu superior Court of Law and Chan
N Gerry, continued and held for the town of
l.ynchburc, At the courthouse in said town, on Med
ncsday the 2i'h of January, le;s6 sitting as court
OF thimcerv
William staples and Sarah +. his Wife and Mad
lson {. Porter an infant under the aye OF twenty
one years, by John Hughes, ms next friend,
Plaintiffs,
against
Samuel Davidson, Thomas Dixon, Sheriff of
Campbell county, and such administrator de bo-
us non oil jeremiah Ingram, decd, Robertson
thealanl, Lewis Campbell Samuel Dicke,, lIcnt-
age llowertou and Elizabeth his wife, III their own
right, aud the said Heritage lloweron admins
traitor de bonls non with the will nncxed OF Samuel
Porter, decd, Nancy Ingram, Lcgrand Porter and
stephen bradley, Defendants,
IL Cn,StERy.
This cmlse came this day to be further heard.
on the papers formerly read the report of Coniiis-
rIoncr iat, made in pursuance Of the order OF the
10Th OF August lS:3 with exceptions thereto by the
defendants, exhibits, and examinations of witnesses
since filed and argued b, counsel on consule-
ration whereof the court delivered the following OPP
mon: The court is far from being satisfied withthc
Commissioners report in this case. There can be
no doubt that the Executors in the proceedings
mentioned have managed the estate of their tesla
tor, Porter decd, very inludcIously. But how
many estates are there managed otherwise, even by
the owners thereof, We regard the nett balance IN
money! realized at the end of each year compared
with the speculative value of land and negroes
Who ever made profits by hiring negroes and rent
ing lands Not one in hundred. Ii is the in
crease OF negroes, and the support of their own
"rs and their increasing families, which consti
iute the fhti value OF an estate IN lands and ne
groes. Halt 81 the laborers in the field would gene
rally hirc for as much asthe whole will make after
deductng the expenses OF the plantation and the
expenses OF their master and his family. Ii wa,
he
cour, indulge the project, to put his execu-
tors 10 keeping boarding houses, aud his Wild
ow and children to board with them. This is a
suit against executors and their securities, the lat
ter to be paynastcrs, to cause them to account for
the estate Of thc'r testator, which came 10 their
hands. The conr wishes TO be informed villa, each
executor actually received, and what he paid away,
either of debts due bv the tcstator at the
time OF his death since his death, for the benefit
OF his dessees THIS should be stated with cxactncss
npossble If not, with probable cxacttude. Spec
uat'c profits and probable receipts be relrct
ed. Probable protitsare TO be resorsd to only when
enact proof OF them cannot be referred To. The
tator died IN November or December Of 1916. Two
executors qualified, one alone acting for several
years. according 10 the testaor's will, his estate
was not 10 be divided until his debts were paid The
debts were small and the means OF payment avaa-
bl- IN lcl7, were more than sufficient. According
To the viii, as the court considers, the who
acted did right to keep the estate together during
'Ci' 10 make cops, ana To account Tor them and
To charge TO the estate the expenses thereof and the
reasonable expenses of the widow and children all the
de'iSees living together without discrimination. At
the beginning OF ISIS, ho ought to have divided the
estate, having then received money sufficient TO paw
the testators debts and also the debts contracted for
thsiamy III 1Sl7 or having in his hands the crops of
this year, sufficient, with the money rcceNed for both
purposes. The several and distinct interests OF the
widow aud children require that the count should
consider that what ought to have been done, was
done to certain extent. Let there be an account,
therefore, showing what the acting executor had re
ccNcd, and what he had paid Tor the estate. or ex-
pended for the widow and children to the ls of Jan
uary Isis \tcr tins period the family still lived
together. aud the estate WAS kept together, MAKING
or attempting to make profits by cropping, whereof
the executor received the avas, and purchased mer-
chandlze aud other necessaries for the whole OF the
dc,isecs, of one interest, and has accordingly char
ccdthe same III his account besides contracting debts
winch he never paid. This is wrong But the exccutnr
ought MOI TO be charged with more than the crons
hc made, deducting the expenses thereof nor ouol,
the de'serS to receive the merchandise and other
subjects, purchased for their use and the se of tho
Young negroes, without accounting for the yoluc
thereof. Let there, therefore, be- a second account
showing the proceeds OF the crops, as near as NAV
be' during the administration of the first executor
ana the rents OF land and hires of slaves if any, de
Quoting the t'NeS and all expenses incurred and di-
wac me het proceeds between the several devlsees
according 10 the respective value of their several
lands and Slaves employed. And thirdly let there
be Anaecount between each devisee and the ,xec,,
/ tor,n which the lateris 10 be credited ONLY as
galnst each, Tor 80 much OF the merchandise my
chased Tor the family. which was appror,i,t,d tn the
separate use oi each Cash pad On account otmeat,