Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1838-07-16

gerry, continued aud held Tor the town OF
lynchburg, at the court house In said town on
wednesday tile 9Th OF January. 1896, sitting as
Court oi Chancery
W llliam Staples Sarah +. his wife, and Madison
I. Porter, an infant. under the age OF twent, one
years BY John Hughes, his mex, friend, rain,ifs,
against
Samuel Davidson, Thomas Dixon, Shctn of
campbell county. and such, admir- de hons non
oil jeremiah Ingram. decd. Robertson Chatham.
Lewis Campbell, Samuel Dickev, Heritage Hover.
ton and Elizabeth his wife in their own right, and
Heritage Howerton AS admir-. de honis non. ~,,h the
w'h annexed OF Samuel Porter decd, Nancy
Ingram Legrand Porter and stephen Brady
Tins cause came on this day, TO be heard, or the
papers formerly read. the report Of commissioner
wait made III pursuance OF the order of the 10th Of
august 1853 win exceptions thereto BY the defen-
danls, exhibits and examinations OF witnesses since
heo' aud was argued by counsel On consideration
whereof, the court delivered the following Opinion:
ne court - lar ifom being satisfied with the
commissioners report IN this case. There can be
no doubt that the executors in the proc ednrs men.
TONED have managed the estate OF their testator
fotter, decd, very inJudicousy. But how many
estates are there manoged otherwise, even by the
owners thereof, It We regard the nett balance IN mo-
ney realized ~ the end Of each year. con- pared with
lie speculative value of negroes aud lands Who
ever made profits Ivy hiring negroes and renting lands
Not one in hundred II is the increase OF negroes
anu Tue support OF then owners and their increasing
al'cs which constitute the chief aluc Of an estate
IN land and negroes. Half of the laborcrs in the
field would generally hire out for rs much money as
he whole will make. after deducting the expenses OF
the 'anaton, and the expenses of then master and
family. II was not the intention Of the tcsator nor
will the court indulge the project to put his executors
to keeping boarding houses, and his widow and chi
dfen TO board with them. This is suit against The cx-
ecutors and the securities the latter to be payn,ters
10 cause tlem TO account for the estate OF Their ties.
ta'or, which came 10 their hands. The court isles
10 be informed what each executor actually received
and what lie paid away, either on account of the
debts due by the tesator nj the lime of his DEATH OF
since his death for the benefit of his dcvisces This
should be stated with exactness If possible if not
with probable cxactitudc. Speculative profits and
probable receipts are TO be rejected Probable pro-
hts and receipts to be rcsortcd only when exact
proof OF them cdnnot be referred to. The testaior
died in November or December, 1876. Two cxecu.
tors qualified one only acting for several years Ac-
corning TO the tcsators will, his estate was not to
be divided until all his debts were paid. The debts
were small, and the of payment available in
1917, were more than sufficient. According to the
VIII, as the court considers, the executor who acted
did right TO keep the estate together during 1917 to
make crops and 10 account for thcm and 10 charge
to the estate the expenses thereof and the rcasona-
sle expenses Of the widow and children. Tall the
dcvisees,) living together, without discrimination.
Al The beginning of 1873. he ought TO have divided
the estate, having then received money sufficient 20
pay the teslators debts, and also the debts contract
ed for the family in 1877, or having his hands the
crops OF tins year, sufficient, with the money recew-
ed for both purposes The several and distinct inte-
rests OF the widow aud children require that the
court should consider that what ought to have been
done at the close of the year 1877 was done to
certain extent Let there be an account therefore,
shelving what the acting executor had received and
what he paid Tor the estate, or expended for the
widow and children, to the LIST of January ISIS AZ
ter tins period the family sui lived together and the
estate was kept together. making or attempting TO
make profits by cropping, whereof the executor re-
cered The avaIls, and purchased merchandise and
other neccssares for the whole of the devisees AS of
one interest, aud has accordingly charged the same n
his account, besides contracting debts which he new
Ell PAID This IS wrong. But the executor ought
not to be charged with more than the crops he made
deductIng the expenses thereof ought the de-
visees to receive the merchandise and other subjects
purchased for their use and the use of their Young
negroes without accounting for the value thereof
Let there, therefore, be second account showing
the proceeds OF the crops, near as may be- during
the administration OF the first executor, and tho rent
OF lands and hires OF slaves. if any, dedgctng the
taxes and all expenses INQUIRE !, and divide the nett
proceeds among the several dcvsces according to the
value OF their respective lands and slaves employed.
And thirdly, let there be an account between each
devisee and the executor, in which the latter is TO
be credited only as against each, for much of the
merchandise purchased for the family, which was
on account ofmcat, bread, sugar. coffee q such like
articles, being used in common, stand as gene
raj debt against ALL first dcducting one lhlrd-tho
executor and his wife making one third of the con
sumcrs, who should be excluded from the mess,
Charge third Of the balance to the widow and the
balance equally to the unmarried children. This execu
tor must be considered having appropriated to his
own use every other article purchased as aforesaid,
as well every article Of personal property proven to
have been so appropriated by him To enable the
executor to establish what rchandizc was putchas
ed by him for each of the family including the widow
lie may examine each upon oath, aud the widow as
TO herself and such of the children Us were too
young to be acquainted with such matters. if he
deems ii necessary As the sec ond executor he is
to account to the estate OF his tesa,or for such ar
cles OF personal estate, other than negroes n, he
received, unless It be proved that he appropriated
any to his own He is 10 account for the ere ps
made, &c. while the family lived together and the
estate kept together upon the same principles Land
down in regard to the first executor. lie is to be
credited for any debts paid which were due by the
tesator, aud also for all debts contracted on account
Of the estate by the first executor and which he has
been compelled to pay but the amount of these
debts is to be re-carged against the first executor
and with him settled upon the principles pre-
scrbed by the court as directed for the second
statement of accounts with the first executor. For
provisions furnished the family while they lived to-
gether, and for merchandise, DC furnished, his &C
counts are 10 be settled upon the principles OBJ
served IN relation to the first executors accounts.
And if the plaintiffs prove that any debts paid by Ell
Their executor, not the debts of the cstator al
the time OF is death, then, unless the executor con-
cerned shew the consideration, SO AS to enable the
commissioner TO make the discrimination directed
the same shall not be charged against the estate. As
to the rents of land and hires of slaves since the
widow ipn he nd