Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1837-11-06

A + II Circuit Superior Court OF Jaw and Chance
n ~ continued by adjournment, and held Cor the
County OF Amle,st,at the Cour House Oh Thursday
the 7th day OF Septembcr, 1887:
Humphrey Gilbert Plaintiff,
against
Godfrey roler. in h,s right aud executor of
Elijah Barnes dee, Frances Barnes, widow OF Elijah
Barnes aud William, Henry Elijah w, Lucy w,
Pnlkely Sally aud Mildred 4. NJ. Barnes, infants. I'M
der the aye OF 81 years, by Robert Tpsc,, specially
assigned heir guardian, Deiend,uis:
And Michael :. Wauen, al .ainSirator of Butler
Harmon dec. Plaintiff,
Godfrey Tolcr, executor OF Elijah Barnes dec,
Frances Barnes, widow of sad Elijah Barnes, and
William. Henry, Elnh W.. Lucy w, Pulkely, SD
~ and Mildred \. NJ. Barnes, infant children OF The
said ELIJAH Barnes, by Robert Tmslcy their guardian,
specially assisned' TO defend them in this SUIT
Defendants.
Is Cn,Scrnr.
The Defendant Godfrey Tolcr. who is out Of this
County, and against whom the Plaintiffs appear 10
have proceeded in the mode prescribed by Inv a.
gainsi absent defendants. still falling 10 appear aud
answer aud the Subpoena awarded III lc first named
cause on the islh day of February last beng return
ed executed upon the Defendant Frances Barnes, and
She still failing 10 file her answer although four
months have elapsed as well since the return day
thereof rs the fling OF the SAID Plaintiffs Bill. On
motion OF the Plaintiff Humphrey Gilbert, by Coun-
sci, the Court doth take his .i for confessed as to
the defendant Godfrey Toer III his own right aud as
executor Of Elijah Barnes dee and Frances Barnes.
aud ON motion Of the Plaintiff, Michael S. Warren,
administrator of Butler Harmon, dec. the Court
doth take his Bill for confessed 10 the defendant
Godfrey Toer executor Of Elijah Barnes, dee. And
thercupon these Two came to be heard to-
celher; the first upon the bill, answer OF the infant
defendants aud replication thereto exhibits, and the
examination OF witness; the second on the bills orr
gnal aud amended. the answer OF the infant dccn-
dants, and replication tlerelo and an exhibit, and
were argued by Counsel On consideration where #,
the Court doth order, that it be referred TO of its
Commissioners, TO take account of the personal
assets OF the estate OF Elijah Barnes dec. which have
been applied to The payment OF debts binding the
heirs and the said Commissioner, having published
reasonable notice IN newspaper publs in the
Town OF Lynchburg, to all creditors of the Iestaor
who may elect to do so, to appear before him and
prove their debts, condition Of contributing then
proportions OF the Of these SUITS is directed 10
take account of the debts OF the Plaintiff, and oil
The debts Of all Others that may appear before him
aforesaid, which accounts the said Commissioner Is
directed to and settle, aud make report thereof to
the Count, with any matters specially stated. deemed
pertinent by hnself required by the parties to be
! So stated. A Copy-Teste.
ROBERT TINSLEY, cI.
CoMMissioNER's OFFIcE,
Oct 7b, 1887. :
The parties interested in the foregoing order Of
Court, arc hereby notified that have appointed the
22nd December ncxt, To carry said order into effect
on which day, al the hour OF ten o'clock in the
morning they required tn attend al my Office, at
Amherst Court House with thrir accounts, cope,
of office papers, their evidence, &c. prepared lor ex
animation and settlement.
JAMES p. GARLAND, Com'r.
November w4w
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