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

Chcatlain, Lewis Campbell, Samuel Dickc,, iIert
are llowcrton and Elizabeth his wife, IN their own
right and the said Heritage Ilowcron ns admins
traitor dc bons non with the will annexed, al Samuel
Porter, decd, Nancy Ingram, lcgrand Porter and
stephen Bradley Deendants
II CnA>crnr.
This cause came on this day 10 be further heard
on the papers formerly read the report oi Gonmis
sanrr Walt, made III pursuance OF the order "i the
10Th of AUGUST lSl3 with exceptions Thereto by the
DEFENDANTS exhibits, and examinations ol witnesses
since filed, aud was argued by counsel On con',de
ration whereof the court delivered The following OPT
mon: The court Is lar from being satisfied wi'h'he
Commissioners report IN this ease There eau be
no doubt tina, the Executors IN the proceedings
mentioned have managed the estate OF then tesla
tor Porter. deed, very inIndiciouslv. b"' no"
many estates are there managed otherwise, even b.
the owners thereof II we regard the nett balance ~
money. tenis.d N the end OF cach wear, compared
| with the speculative value OF l'nd and negroes
! Who ever made profits by hiring negroes AMI rent
inc lands Not one III u hundred II Is the IN
crease of negroes, aud the support oi their own
aud their increasing families, which consti
tutc thr chief value al an estate IN lands aud ne
erocs Hall OF the aborers in the field would gene
rally are ion much AS the whole Will MAKE alter
| drductng the expenses oi the plantation anu lie
expenses OF thcr master and his family u was
not the intention Of the testator, nor viii the
court indulge the project, To put hls 'Neen-
tors keeping boarding muses. aud his w,d.
ow aud children to board with them iii's ~
suit against executors and then securities. the lat
ter To be paymnsers, to oausc them Ia account ior
the estate OF then tcstator which camc 10 then
hands. The count wishes To be informed what each
executor actually received, and what he pad away,
either on account of drhts due by the testaor Al the
,imc of his DEATH or since his death, for the benefit
of his deysees. This should be stated with cNactness,
ilposs,blc II not, with probable cNattuie. Spec
ularyr profits aud probable receipts nc to be reject
ed. Probable profits arc To be resotedto on'y when
exact proof OF them cannot be rcictrcdi" The ieS-
tator died IN November 81 December oi '6lh. Nv"
| executors qualified, alone acting Tor several
wears According 10 the irsator's will his estate
was not To be divided until hsdeh'S were pad. 1le
debts small and the means oi payment h'aa-
III IN 1Sl7 were more than snthc'h According
to the will rs the considers, the executor who
acted did rl2ht to keep the estate together during
1917, 10 make cops, aud 10 account Ion them ana
10 charge 10 the estate the expenses thereof ana i
reasonable expenses ot the Idnw and children, All the
4 dc,l,rcs living together without dissemination Al
the beginning of islS, he ough To have divided the
estate having then received money sufficient :" ihi,
the rsators debts aud also the debts contracted Ion
ihcanl, IN 1917, or la, na IN ms hands the crops o'
this year, sufficient, whit money received io pom
purposes The several and distinct interests OF the
widow and children require that the court ellouh
| 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
ccycd, and what hc had paid Tor the estate, or c>-
pcncd for the widow and children, 10 The lst Of Jan
uary, 1918. After this period the family still h'eh
together, aud the estate wask kept together, making
on attempting to make profits by cropping, "hft'oi
the executor received the ayalls and purchased nicr-
chandlze and other ncccssarcs Tor the whole o' the
drysccs as one interest and has accordingly CHAR
pedih III his account, bcs'dcsconiraclhs debts
which le never paid This is wrong. But The executor
ought not to be charged with more than the crops
| he made dcductlng the expenses thereof nor ought
| the dcysccs receive the merchandise and other
subjects purchased Tor their and the use OF the
younr negroes, without accounting for the value
thereof. Let, there, therefore, be second account
showing the proceeds oi the crops, as near as may
be. during the administration of the hfst executor
aud the rents Of land and hires of slaves, II any, de-
ductiup the taxes and all expenses incurred, and d
vide the nett proceeds between iho several dc''Sees
| according to the respective value Of their several
lands and slaves employed. And thirdly, let there
! be an account between each dcvisec and the cAccu
tor, in which the lattcrs To he credited only as
uanst each for so much of the merchandise p',r-
chased for the family which was appropriated to the
separate Of each. Cash paid on account OF meat.
bread, sugar, coffee, and such like articles, being
| used in common must stand as general charge a
cast all, first dcductng onc-thifd for the executor
| and his Wife making onc-third oi the consumers,
! who should be- excluded from the mess. Charge
! one third ofthc balance to the widow, and the bal
anCc equally 10 the unmarried children. ne exec
utor must be considered as having appropriated to
his own every other article purchased as af"fe-
sand as well as any article of personal property pro
10 be appropriated by him. To enable ,oe
executor to establish what merchandise was rncna
sed by him for each OF the family, clih'"I ''c VI"
| ow, he may examine each on oath, pdd the WHO"
AS 10 herself and such ofthc Children ~ are or were
too youn. to beacquainted with such matters u ne
deems il necessary As to me second executor NE
is account the csasle o his executor '"f such
articles of personal estate, other than NEGROES as
he received and sold unless it he proved that heap
propriacd any to hs own use. lie Is to 'ccoun tor
The crops made &c. while the family lived logeth-
cr and the estate was kept together, upon the same