Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1837-07-27

for those further advanced Sle.
SARAH l.. WATT
July p
NTIRGINIA:-At a Superior Court Of Chancery,
' holden Tor the town Of Lyuchbur., GA Friday
the 9TH day OF November, 1850:
Raleigh Chiffon, William Chiffon, Elizabeth Al
len, Joseph Chiffon, Stephen Chiffon, Frederick
kablcr Thaddeus kaber, Nicholas kabl,r, Jona-
than Bishop and Ann his wife, late Ann k"ber,
Plaintiffs,
against
Richard Perkins Executor Of Jndlth Chiffon, dec.
Richard Chiffon, Hanson Chiffon, John PolnieNter
and Judith his wife, Deiendants.
This cause came on this day to be heard by con-
sent OF the parties, the bill, answers and exhibits,
and argued by COUNSEL on consideration where
of the court delivered the following opinion By
tie Cancetl0r: Richard Chiffon, of the county OF
Campbell, after literally providing for his vile, for
her life widowhood, by his last will SAID " and Is
further my will and desire, that my SAID vile shall
have free power, her death, before 10 dispose OF
the slaves and other personal property loaned her, a
mong our children, according to her own will and
pleasure - and by her will. dated the 29th of Oco
| Der, 1929, she disposed ofte slaves and other per-
sonal property lent to her aforesaid, amongst
of their children pretermltting others, and the qnes
ton is, whether this was execution of the power
she had under the will of her husband And think
not. Ii is true, she was to execute it according to
her will and pleasure" aud it Is true,
thong ht in this Court, sitting at Richmond, in the
case reported of Knight rs. larborough, in the Nir
GINA Reports, 81, that George W aton's will du
" executed by Martha Walton his widow, in the pro-
visions made by her will. But the Supreme Court.
(where all law is settled, and very wisely it
should be so) differed from this Court Rich
mond and the decision was reversed. will take
that case then, furnishing the law in this If
it be like that, and be governed accordingly but |
think the cases are not precisely alike, and for this
reason with due Difference the Court that though
otherwise, and to whose decisions it is my duty, and
I.l,,. \ ,h-,,-
stronger i'll favor of Mrs. WaItons execution of
the power given her. than this in favor othe power
gwen to Mrs. Chiffon, for at this time am strongly
under the impression should have settled this cast
as am about settle it and the only enquiry left
is, what should have been the will and pleasure
of Mrs. Chiffon under her husbands will AndI think
Mr. Chiffon did not think of whimsical acW or a
whimsical pleasure, but reasonable wW and a rea-
sonable pleasure. And II am right in this the
standard OF his intention, then Mrs. Chiffon cXccu-
ting the power given to her by her husband, should
have given to their children something reasonable
and tangible III reference to their conduct her and
OF the condition III which their father had placed
them. This Mrs. Walton did, aud | thought she
was right. This MIS-. Chiffon did not do, aud |
thou sht she was wrong. Wherefore, the court doth
adjudge, order and decree, that the defendant Rich
ard Perkins executor of Judith Chiffon, decd, do,
at the expiration OF the present year. deliver to Isaac
Oey, joel Iettwlch. Samuel NJ. Scott, Samuel
| Smithson, Jr. and John Cox, who are hereby APP
pointed commissioners for the purpose Of receiving
the same, (any three OF whom may aCt) the slaves,
Jesse, M,lly Iveson, Polly, Jnney, Delpha, David,
Dnah, James, Sue, Milly, Willis, Rachael, Isaac
and Dennis, in the bill mentioned, and the increase
Of the females of them if any there be, the death
OF Richard Chiffon, the elder in the proceedings
mentioned; and the court doth further order that the
sad commissioners. or any OF three OF them, upon
ccivng possession ofsad slaves, and the increase Of
the females of them, aforesaid, do divide the same
into nine equal parts, agleeably the OF tiSribu-
tons and aot and deliver Of said parts to the
plaintiff Rale2 III Chilton other ofsad parts the
plaintiff William Chiffon, one other OF sad parts to
the plaintiff Elizabeth Allen other Of sald parts
to the plaintiff Joseph Chiffon, other of said parts
TO the plaintiffs 'Thaddcus kabcr, Nicholas Kablcr
and Jonathan Bishop and Ann his wife, other OF
said parts to the defendant Richard Chiffon, 9TH
cs OF said parts the defendant Harrison Chiffon and
the remaining part to John PomdcXter and Judith
his wife, upon the distributes aforesaid executing to
the executor OF Richard Chiffon, reunding bonds
according to the act and make report OF their pro-
ceedlngs TO the court order Il final decree. And
the court doth further order, that the deedant Rch
ard Perkins. as executor as aforesaid, do render an
account before one OF the commits soners OF this
court, OF the value OF the stock, household and kch
en- furniture aud plantation and farming utensils be-
quathed to his testariN or her life or ldow hood by
her deceased husband Richard Chiffon, The cider
as also of the value OF the stock, household and
kitchen furniture, and plantation and farming uten-
sis, IN the possession OF the said judith Chiffon at
the time OF her death and the said commissioner
|
matters specially stated thought pertinent by HIM
| self, or required by the parties 10 be stated.
Anda Circuit Superior Court of Law and Chan
Gerry. continued and held for the town of Lynchbure |
at the courthouse in SAID town, on Monday the 18th
day of May, 1887, sitting Court Of Chancery
Raleigh Chiffon, William Chiffon, Elizabeth Al |
len, Joseph Chiffon, Stephen Chiffon, Frederch
kabler Frederick kabler, administrator of Nicholas
kabcr deceased, and the same Frederick kabier ad-
mnistraor OF Jonathan Bishop, decd, and Nancy
Bishop, widow of the SAID Jonathan Bishop, decd,
and Others plaintiffs.
against
Richard Perkins, tXeCu,or Of judith Chiffon
decd, Richard Chiffon aud Others Defendants
On the motion of the plaintiffs, By counsel and for
reasons appearing TO the court, the order entered in
this cause onthc l6thda of February 1885 appo nj
ing Charles W. Christian special commissioner TO
execute the order OF account entered in this cause
on the 9th day OF November, $780, is set aside and
the court doth order that OF the commissioners
OF the court do execute the said order of account
Teste, ID. ROBES, OK.
toMMIsSIoNER's OFFICE
Lynch5ur., June %, 1887.
The parties interested will take notice that shall
on Monda, the 2lst day OF August next, proceed to
take the accounts directed BY the oregon, order of
court on which day, at the hour OF ten O'clock in
The morning, they are required attend at my office
IN this town. with their accounts hers aud proofs
and copy OF the court papers prepared for eyami
nation and settlement.
:. |. WATT, Corner
July 20 wiy
Bhns hIs to =