Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1837-08-03

VIRGINIA..

Circuit Superior Court OF Law g. Chan
Gerry for Augusta County. June Term,
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 the costs, plaintiffs
John Cowau and Andrew B. Cowan,
Administrators of Joseph Cowan, de-
ceased. Mary Cowan, widow and re-
ict OF the said decedant, and the said
John Cowan and Andrew b. Cowan,
and William Cowan, Elizabeth Cow
an, Robert Cowan. Matthew Blair
aud Mary his wife, formerly Mary
Cowan. Jacob S. Brown and Eleanor
b. his wife, formerly Eleanor b. Cow
an, and Alexander NJ. Cowan, which
said John, Andrew B., William, f.
lizabeth, Robert, Mary, Eleanor b..
and Alexander NJ. are the children
| and heirs at law of the said decedant,
the last named OF whom, Alexander
NJ, an infunt 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 TO be
heard upon the Bill, the Answers of all
the defendants except William Cowan,
and was argued by Counsel. On CON
sideration whereof, the Court 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 intestate,
from the date OF their qualification up to
the date Of this decree, and from the
date Of the decree up to the period of
settlement, showing the account of per
sonal assets received up to the dale of
this decree, and disbursed and retained
in due and legal course oil administra-
ton, and the amount remaining for dis
tribution 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 at
law, together with the other defendants,
do render an account of the real assets
descended TO them from their ancestor,
the said Joseph Cowan, deceased. The
Court doth further adjudge, order and
decree, that it be referred TO said Com
missioner Samuel Clarke, to take an ac
| 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.
tisement for six weeks in the Stanton
Spectator, in which account the Com
missioner shall designate whether the
debts be due by judgment OF decree, and
the dates thereof, the debts due by spe-
cialty binding the heirs, or by specially
not binding the heirs. or by simple con-
tract /; whether in suit, aud 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 and such as be equitable as
sets. And in stating the administration
account prior TO the date hereof, to spe-
city if any, and if any, what sums were
disbursed or retaiued in violation of legal
priorities, existing at the date of such
disbursement or retainer. The Com.
missioner will also report specially the
names and number and balance now due
that class of creditors. if such class ex-
list, who having already received por-
ton OF their claim, and having no legal
priority or preference, will not be emit
tied to participate equally with creditors
Of equal degree, and who have received
no payment i'll the remaining assets.
copy-Teste,
NICH'S G. KINNEY, c. c.