Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1836-08-22

of Chaneers:
William Staples and Sarah /. his wife, and Mad
ison {. Porter. an infant under the age oi twenty
one wears, b, John Hughes. hls next friend,
Plaintiffs.
against
Campbell county, and as such administrator de boz
MS non OF jeremiah Ingram. deed, Robertson
Cheatham, Lewis Campbell, Samuel Dickcy, lien-
age Homerton and Elizabeth his wife. in their own
night, aud the said Heritage iIo"erton admins
traitor de bons non, with the will annexed OF Samuel
Porter. decd, Nancy Ingram. Iegrand Porter and
Stephen Bradley, Defendants,
Is CnASeERY.
This cause on this day 10 be further heard,
on the papers formerly read, the report Of Commits
stone, " att, made IN pursuance OF the order OF the
ION OF August ls:S}. with exceptions thereto by the
defendants, exhibits. and examinations of Witnesses
since filed, and was argued by counsel console
ration whereof the delivered the following OPT
mon: The court III far from being satisfied with tho
Commissioners report in this case. There can be
doubt that the Executors in the proceedings
mentioned have managed the estate of their tesla
tor, Potter, decd, very in Judiciously. But how
many estates are there managed otherwise, even by
the owners thereof II we regard the nett balance in
money, realized AZ 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 in a hundred. 1t is the in
crease Of negroes, and the support of their
ers aud their increasing families, which con,ti-
ture the chief value of an estate III lands and ne
groes. Hall OF the laborers IN the field would gene
rail- 1ire for as much az the Who'll. will make after
deducting the expenses of the plantation and the
expenses o their master and hi. family II wa,
not the intention of the testator, will the
court indulge the project, to put his execu-
tors 10 keeping boarding houses, and his Wild
ow and children to board with them. This is a
SUIT against executors and their securities. the lat
ter to be paymastcrs, TO them to account for
the estate OF their testator, which came to their
hands. The court wishes To be Informed what each
executor actually received, and What he paid away
either account of debts due by the testator al the
time OF his death, since his death, for the benefit
OF his devsceS. This should be stated with exactness
II possible; II not with probable eNactitude. Spec
ulayc profits and probable receipts are be re ect-
ed Probable profits to be resorted to only when
exact proof OF them cannot be reterredto. The
tator died III November or December of 1916. Two
/ executors quahed, one alone acting for several
years. According to the trstator's will, his estate
was not To be divided until his debts were paid The
debts were small, and the means OF payment ayaa-
bl IN 1917, were more than sufficient According
to the ILL., as the court considers. the executor who
acted did right to keep the estate together during
1917, to make cops. and to account for them and
To charge To the estate the expenses thereof and the
reasonable expenses ofthe widow and children all the
de,isees living together without discrimination. At
the beginning OF lSlS he ought To have divided the
estate. having then received money sufficient to pay
the testalors debts. and also the debts contracted for
theta, IN 1917. or Ina, ing his hands the crops of
ths,ear sufficient, with the ed for 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 Ia "A certain extent. Let there be an account
therefore showing what the acting executor had re-
ccI'ed aud what hc had paid Tor the estate or ex-
pended for the widow and children, the LIST of Jan
| ISIS After this uprlpd the ,u,ilx hvo d
together and the estate was kept together. making
or atlemptlngto make profits by cropping, whereof
the executor received the avalls and purchased mer-
cl,ndlze and other nccessares for the hole of the
dcNiSees, As OF one interest and has accordingly char
erd the same IN his account besides contracting debts
/ whchhe never paid This is wrong But the executor
ought no, tn be charged with more than the crops
lac made detucting the expenses thereof nor ought
the deNlsees To receive the merchandise aud other
subjects, purchased for their and the use Of the
young negiocs, without accounting for the value
thereof Let, there. therefore, be second account
showing the proceeds OF the crops near as may
be, during the administration OF the first executor.
aud the rents OF land and hires of slaves if any, de-
Quoting the taxes and all expenses incurred and di-
vne the nett proceeds between the several devisees,
according To the respective value of their several
lands and slaves employed. And thirdly, let there
be an account between each dcyisee and the cxecu-
tor IN which the latter is To be credited only as a
gainst each, for 80 much OF the mere handZe pur-
chased for the family, which appropriated to the
separate use OF each. Cash paid ON account ofmeat
bread sugar coffee, and such like articles being
used III common, must stand $ general charge a
yast all, frst dcductlng third for the executor
and his wife, making third of the consumers
who should be excluded from the mess Charge
one third oi the balance to the widow and the bal
ance equally To the unmarried children. The exec
utor must be considered as having appropriated to
ms own every other article purchased as afore-
sand, as we'll any article of personal property pro-
ven to be 80 appropriated by him. To enable the
executor to establish what merchandise was purcha-
sed by him for each of the family including the wild
o", he may examine each on oath and the widow
as to herself and such the children AZ are or we've
to" Young to bcacquaintcd with such matters if he
deems II necessary. As TO the second executor he
Is to account to the of his executor for such
articles al personal estate. other than negroes as
he received and sold unless be proved that he ap-
propriated his own use He is to account for
the crops made &c. while the family lived togeth-
er and the estate was kept together, upon the same
principles laid down reg rd to the first executor.
lie is to be credited for any debts paid which were
due by the testaor and also for debts contracted on
account OF the estate by the first executor and which
he has been compelled to pay but the amount of these
debts st be charged against the first executor and
with him settled upon the principles prescribed
by the court, directed for the second statement of
accounts, with the SAID executor. For provisions
furnished the family while they lived together and for
merchandise &c. furnished, his accounts are to be
settled upon the same principles directed to be OBJ
served IN relation to the first executors accounts
And the plaintiffs prove that debt paid by either
executor were not the debts of the testator At tho
OF ms death, IN, nj tbe