Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1838-11-01
] ,ily 2

S. b. GLOVES, Agr.
July uJan
\ T a Circuit Superior Court of Law and Chan
~ Gerry continued by adjournment, and held for
the county OF Amherst At the Court house, Satur
day the 9Th day OF September, 1888:
Alfred Il. billiard sud Elizabeth b. his wife, for
merry Elizabeth b. Cabell, Napoleon b. Cabell and
Alexander Cabell, Plaintiffs,
Frederick Cabell, surviving executor of the last
will and testament of John Cabel, Iced, and in his
right, Samuel Bransiord, late sergeant of the
corporation OF Lynchbutg, aud such administrator
de bonis with the will annexed of George Cabel
decd, Samuel Cabell, William Daniel, Judge Of
the General Court OF Virginia, and Paulina }. his
wife, formerly Paulina j. Cabell, William Walton
OF the securities ofJohn J. Cabell, decd, in his
official bond as guardian for the plaintiffs whilst in
ants William Chick, Of the securities of the said
John J.. Cabell, decd in his official bond Of
the executors of j ohm Cabell, deed and Thomas L.
Friend, executor Of John J. Cabell, decd,
Defendants.
In CnANCERY.
This came this day to be heard upon the
papers formerly read, and was argued by counsel -
On consideration whereof, the court Is OF opinion
and doth decide
LIST. That as one of the defendants in this cause Will
liam Daniel, is Judge fthe General Court and all
the rest Except Friend, who resides in the county
OF kanawha,) reside in Buckng ham and Campbell
counties, in which The said Daniel presides Judge
il competent for the plaintiffs, If in Truth they
not absolutely bound to commence their
in county out OF the Judicial circuit of the said
Daniel and that the county of Amherst which has
been selected. is not only adacen TO the circuit Of
the Judge and the county of his residence but from
its locality must be most convenient to him and to the
principal defendants, nay, all the defendants except
one, (Ffend,) and as to him the court is not salts
fed that Amherst is not more convenient than ka-
nawha and that therefore the defendants objection
or plea TO the jurisdiction be oyerruled
end. That the tendency and proceedings in the
suit in the county court Of Buckingham, IN which
no final decree has been rendered, which, IN the o.
pnlon of this court, is lnesniar informal, ana efro-
neous, so lar as ii has progressed, and mere
nuIity as to the plaintiffs, presents no bar or impe-
dment TO the prosecution oil tins SUIT.
3rd That under the will Of then father, they were
entitled TO the means Of support, maintenance, equip
ment and education, in the following manner; first,
out of The rents of the lands dev sed them specca
Nv if not sufficient, the deficiency 10 be supplied out
OF The and profits of the lands and slaves OF tes
tator before sale and II these two were insufficient,
then out ofthe capital proceeds of sale and that,
at the division the plaintiffs, after accounting for ,her
deyises and Daniel and wife for Il200, were entitled
TO an equal share each, or one-eIghth part OF the
proceeds of sale, and balance OF rents, profits &c.
left after payment Of debts, and supporting, equip
ping and educating the plaintiffs, as provided by the
will
4th The plaintiffs have not been supported,
equipped and educated in the manner provided in the
will, aud that this failure resulted from no mlscon
duct mental OF moral defects the par, of the
plaintiffs, but tiom the neglect of the executor
guardian; whether that neglect proceeded from mis-
take, or inadyeueuce, from design, that the plain
lifts entitled TO redress, IN the shape of compen-
satlon in money for the difference between what was
and what ought to have been expended.
And 9Th. The plaintiffs ought to have an oppor-
tunity OF surchargng and ialsiiylng, before Com
,NI Inn Il
referred in the bill and answers, to the extent of
the specifications in their BILL and to the extent OF
apparent upon their face or in their frame and
structure and TO the extent OF any alteration or re-
formation made necessary by the opinion OF the
court before expressed Wherefore the court doth
order that the defendant, Frederick Cabell, render
before ofthe Commissioners of this court an ac-
count OF his administration OF the estate of his tcs-
tator jain Cabell, dec d. both real and personal:
that the defendant, Thomas X. Friend adminlstra-
tor otJohn j. Cabell, decd render before the same
commissioner an account OF his utestates admins
tration OF the estate likewise his nestate's
account guardian OF the plaintiffs, and an account
OF his administration OF the estate of his ntesate the
said John J. Cabell, decd. which accounts The
said commissioner is directed to examine, state and
settle, and make report TO the court, with any mat
specially stated, deemed pertinent by himself, |
required by the parties to be SO stated.
Copy-Tesle,
RoBERTTINSLEY,C C.
CoMMIssIoNER's OFFIcE1
Amherst Courthouse, October 4th 1893
The parties will take notice that have APPOINTED
Friday the 18th day of December next TO commence
the accounts In the foregoing order mentioned on |
which day, at the hour Of 10 O'Clock A. NJ they arc
requested TO attend al my office, with their accounts
vouchers and copies OF court papers, prepared for |
examination and settlement.
o,- ROBERT TINSLEY, Com'r.
October % WV