Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1837-08-10
49,
VIRGINIA..


Circuit Superior Court Of Law &, Chau-
Gerry for Augusta County. June Term.
1851
James Patton on behalf of all the other
creditors of Joseph Cowan, deceased,
who shall come in and establish their
demands, and contribute their due
proportion of.a costs, plaiutiifs-
John Cowap and Andrew B. Cowan,
Administrators of Joseph Cowan, de-
ceased. Mary Cowan, widow and re,
lict OF the said decedant, and the said
John Cowan and Andrew ID. Cowan,
aud William Cowan, Elizabeth Cow
All, Robert Cowan. Matthew Blair
and Mary his wife, formerly Mary
Cowan, Jacob s. Brown and Eleanor
Is. his wife, formerly Eleanor b. Cow
an, and Alexander Nj. Cowan. which
said John, Andrew B., William, Il,
lizabeth, Robert, Mary, Eleanor b..
aud Alexander NJ. are the children
and heirs AT law OF the said decedant,
tue last named of whom, Alexander
NJ, au infant under the age of 81
years, by Nicholas G. Kinney. his
guardian specially assigned TO defend
him In this suit, defendants.
This cause this day came on 10 be
heard upon the Bill, the Answers Of all
the defendants except William Cowan,
and was argued by Counsel. On con-
sidera,ion whereof, the Cour doth ad-
judge. order and decree, that the defend
ants John Cowan and Andrew b, Cow.
an, administrators of Joseph Cowan, de-
ceased render before Commissioner Sam
uel Clarke. an account Of their admins
tration of the estate of their interstate,
from the date oil their qualification up to
the date of this decree, and from the
date Of the decree up to the period oil
settlement, shelving the account Of per
sonal assets received up TO the date OF
This decree, and disbursed and retained
in due and legal course OF administers
ton, and the amount remaining for dis
| trlbution under the decree Of this Court
And the Court doth further adjudge, or
der and decree. that the said John Cow
an and Andrew b Cowan, as heirs a.
law, together with the other defendants
do render an account of the real assets
|
the said Joseph Cowan, deceased. The
Court doth further adjudse, order and
decree, that it be referred TO said Com.
missioner Samuel Clarke, to take an &C.
count OF the plaintiffs debt, and of all
other the creditors of the said decedant
who shall come in and establish their
claims, after due notice given by adver-
tisemcnt for six weeks in the Stauuton
! Spectator, in which account the Com
missioner shall designate whether the
debts be due by judgment or decree, and
the dates thereof, the debts due by kpe.
eialty binding the heirs, or by specially
rot binding the heirs, or by simple con-
tract whether in suit, and the date OF
the Institution thereof, or not in suit 1t
shall be the duty Of the Commissioner
also IN stating the amount and value of
assets real and personal, distributed and
remaining, TO distinguish between such
as be legal aud such as be equitable as
sets. And in stating the administration
account prior 10 the date hereof, 10 spe-
city if any, and if any, what sums were
disbursed or retained in violation of legal
priorities, existing at the date of such
disbursement OF retainer. The Com.
missioner will also report specially the
| names and number and balance now due
that class of creditors. If such a class ex-
list, who having already received por-
ton OF their claim, aud having no legal
priority or preference, will not be emit
tied TO participate equally with creditors
oil equal degree, and who have received
no payment i'll the remaining assets.
a copy-Teste.
NICH'S c. KINNEY, e.e.