Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1838-06-26
June 90

I'm CHANCERE--ViHcrsiA Alta Circuit Superior
p Court of Law and Chancery, continued and held for
Buckingham county, at the Court house, on Ihutsday,
the l2h day Of April, 1888, sitting IS Court OF Chan
Gerry:
NAV Mary 4 MAY. James r Way, William May, Ro.
bert P May, Mary NJ Page, and Lucy Page The last
seven Of whom infants under he age oil II years ana
who sue By Thomas May, the guardian and next friend;
and the last two of the heirs al Law Of Sarah
a PAGE dec d f,rupriy Sarah II. Nav which said Tho
mas. John NJ Martha G., Charles, Mary b, James r.,
William Robert r. May, Mary VI Page and Lucy y.
PAGE are lha heirs Law and distributes OF their aihef
and grandfather Th"aas MGg dec ana OF :hrIr mother
and grandmother, Mary G. May. deed, Plaintiffs
VILLAIN Lei,ch James Brown, in his own right and
as administrator OF Thomas may, dec q; yphn f1l ana
Walter l.. Fontanc, defendants:
On the motion of the Defendants Lech and Brown,
by their counsel dissolve the injunction awarded The
painls in this cause Tie day OF October, 1851,
The Court IN consideration OF the bill, The answers OF
these drtendan;s with repcaons thereto the exhibits,
and aor hearing counsel in opposition to the same, ana
without deciding al this time tr question raised "hrther
The deed from Thomas May and wife, made IN 1882 tor
the security of the defendant, lech Is, or not to be
regarded a mortgage nevertheless Of The opinion that
the plaintiffs claiming the land OF their mother, and noi OF
the father the right 10 require that the assets OF Inc
father shall in the first instance, be applied, IN due
course of Administrations according to the rules OF equity
IN their relief except in cases where there liens
upon the father assets OF equal dignity, at the time OF
his DEATH doth therefore override the motion: And, IN
order TO ascertain the state Of the assets of The ia
,her both real and personal and OF the debts chaseaole
uoon Them as well TO show the amount OF the defend
ants demand and the dignity Of oil the said debts, The
Court doth adudgc order and decree that be referred
10 one of it's Commissioners, TO luke the following ac-
counls:-lst. general administration account, 10 De
rendered by the defendant, Blown, which shall ncuce
md show all the personal assets, well that part con-
vercd as the part unconverted-2l That the plaintiff
a render an account Of the real assets descended 10
al He no
An account Of all the debiso outstanding nol'teso %
Thomas May decd, at the time OF hIs death and OF inc
debts due or clnned he due to the defendants Lech
and Brown-4lh statement, ciass'ns ali me saa
debts according 10 their legal dignity upon the osets
,e,I and personal Before taking the SAID accounts,
bpfore the commissioner, shall be The duty Of the sao
p,ow, the administrator Of Thomas May, deceased, 10
furnish to the commissioner The names Of all persons
k,own 10 him, who claiming any debt or cemano
nsnins, the estate Of this nestate; whereupon II shall
BIZ the duty Of the commissioner TO notify The said per-
sons of the time and place of taking SAID accounts re-
curing them appear before him. if they think proper
10 assert their said claims against tie said estate The
said commissioner shall furthermore before taking SAID
accounts insert in his notice OF the time aud place OF
taking the same for least 30 days, with copy oil tho
decree in the Richmond Enquirer, requiring all persons
having claims against tue estate Of Thomas May dec o.
To nopcar before him, and settle the same; which SAID
accounts the said commissioner will take state ana SET
tie md make report to the Court with any matters sPe
clally stated, deemed pertinent by himself or required
bv the parlies 10 be stated. On the motion OF the
plaintiffs by their counsel, and the court by 7r'Ge OF
This sui, having coenzance Of the administration Of le
estate of Thomas May, deceased. in the hanas Of me
defendant Brown, the administrator, lur"er
il awarded them against the defendant Brown the i'd
mins,raor until the further order Of the court njonIng
HIM from paying away any creditor Of his n!es'as'
any pnr assets il his hands noT to be
IN like motion doth hereby grant to the plsin,is,
I'D y, the defendant Brown, administrator as aforesaid
an Injunction against each and every Of the creditors Of
han ,bpr agents attornes and all others concerned,
from any further proceedings at law, to recover their
aid debts from the said administrator. But the effect
of this injunction is not 10 inhbi! or restrain the defend
amt Brow from converting the assets in his hands n'o
money nor prevent hs collecting outstanding
and due 10 the estate nS his ntestate.
Copy-Tese,