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

l Lr.,d .ne.t ,uiicc an1 such like ARTICLES hei"e
/ used IN common must stand as a general eha'ae
pansi all. first deductiug one =thifd Tor inc eA''
. and his wife. making ont tlfd al the consu'i'''
who should be excluded from the mess. mar e
oue-thrd nllhe balance 10 the widow, ana the od'-
apce equally 10 the unmarried children / lie exec
utor must be considered having appropriated 10
his own use every other article purchased 4, aoie
said as well as an, article III personal pfopeft4 pro-
ven TO be 50 appropriated by him. 10 enapie ,iic
executor 10 establish What merchandise was pufcha-
,cd by him for each of the family, including the wiz
ow he ma, examine each ON oath, and the WHO"
AS TO herself and such ofihe children as are or were
too ,oung to beacqualnted with such matters II ne
deem. necessary. As To the second eNeeu'oi' ho
is TO account to the csase Of his executor Tor shch
articles of personal estate, other than negroes, as
he received and sold unless be proved that he APP
propriated any his lie Is to account iof
the crops made sc. while the family lived to9eth-
er and the estate was kept together, upon the same
principles laid down III egnd to the ffst executor
lie is 10 be credited Tor any debts paid which were
due b, the estator aud also for debts contracted on
account Of the estate by the first executor, and which
he has been compelled but the amount "itlese
debts be recharged against the rst executor ana
with him settled upon the same principles prescribed
by the court directed for the second statement ol
accounts with the said executor. For provisions
furnished the family while they lived together andtor
merchandise, &c. furnished, his accounts art TO be
settled upon the same principles directed TO be Cd
served in relation 10 the first executors accounts.
And if the plaintiffs prove that any debt pad by elther
executor were not the debts of the testator al the
time of his death, th,n, unless the executor con
cerned show the consideration, 50 as TO enable the
commissioner make the discrimination directed,
the sum shlll not be charged against the estate As
the of land and hires OF slaves since thu "Id-
ow has received her portion, the second executor ~
10 account wthcach devsee for such rents aud hires
III, iN,I nj VIII he
propert, himself and then tor rea sonable profits,
&c. lie i. To account for Tom at five hundred dol
lars that being his full value when so It, with inter
est FROM the time, to the specific cgatec, the cout
being of the opinion that the subject III this court Is
to be adjusted upon the principle which applies at
law to action OF trover rather than denue. lnthe
execute, lngram's all claims for expenses III
defending suits al law against HIM, tor debts winch
he contracted, for known debts OF the testator,
which he ought to have paid, are to be rejected.
The Is to be done i'll Da,ldsons account, only
the extent that suits prosecuted against linn
tor debts OF ms own contracting. Accounts stated
upon the above principles may probably She" the a
mount which each executor owes to the dcvsces re-
spcctlsels, but may not shew the amount Tor winch
their executors are liable. The securities are not
liable torrents of land though they are Tor the hires
OF slaves. Rents for land ii any were received by ci-
her executor not 10 form any part OF the aggrc-
gate of money tor which the securities are To
to be made responsible FOR either executor.
In the discriminating accounts directed To be sta
ted between the several devisccs and the executors
respectively, after the year lsl7, the widow Is 10 be
credited by ne-hrd the rent of land II any, and
the two sons by the balance equally. 1T appears
that the household goods and furniture, plantation
utensils, nc for the most pai used by the wi
dow and testator's family, III common, for several
years III which time the value thereof would be di-
mnished, and many Of the articles consumed by
their use. Tie executors may Therefore be charged
respectively with such portions of the same as they
actually sold orapproprlated TO their own use The
balance ought TO be considered rs used up by the
family. The court considers, for the present, that
all the securities the eXccutorial bond were equal
" securities for each executor; but this question
may be more properly disposed of finally upon the
coming III of the report
Wherefore the court doth rccolnmit the report
turesad the Commissioner who made II, with IN
structonS form the same according to the prin
cples OF tins decree; and the SAID Commissioners
directed To make report To the court with amy mat
tcrs specially stated thought pertinent by himself,
requlredhy the PARTIES 10 be so stated.
\ Copy-Teste,