Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1838-10-25
IL CIIANcEnY.


This cause came on this day to be heard mon The
rapcrs formerly read, aud was argued by counsel
On consideration whereof, the count Is OF opinion
aud doth decide.
LIST That one the defendants in this cause Viii.
liam Daniel, is n Judge tho General Court and all
the rest lcxcopt Friend who ics,des in the county
OF kana~ha) reside in buckingham aud Campbell
counties, in which the said Daniel prcs,s as udge
II was competent Tor the Plaintiffs II III truth they
were not absolutely bound, To commence their sun
IN county of The judicial circuit OF the said
Daniel and that the county OF Amherst, which has
been selected is only adjacent To the circuit Oh
the Judge aud the county ol his residence. but from
It's locality must lie moss Convenient Inn and IN the
principal defendants nay. all the defendants except
one, (Ffcnd) and as to him the count IL not sails
fed thai Amherst - not more convenient than ka-
nawh and that therefore the defendants objection
plea To the jurisdiction be ovefrulol.
end. That the pcndency and proceedings in tho
SUIT in the county couil OF Buckingham, III which
no final decree has been rendered. winch, IN the u
pn,on OF tins court is Irregular, informal, and eiro-
neous, so FAR II has progressed, aud nero
nuly Ms 10 the plaintiffs presents no bar or impj-
dment 10 the prosecution oi tins sun.
3rI. That under the will OF thcn father, they vera
entitled to tho means Of support, maintenance equip
mcnt and education, in the following manners first,
out of tho rents of tho lands dey sed them specca
1y il not sufficient, tho deficiency TO be supplied out
of the aud profits OF the lands aud slaves Of cs
taot before sale and II these two were insufficient,
then ON OF me f1plfa piuCtehs o. SAFE llat.
NJ the division the plaintiffs after accounting Tor .her
evi,cs. and Daniel and wife for 200, cnrlch
10 an equal share each, on onc-eighih part III Ito
proceeds OF sale, and balance Of rents, pro6ls, &c.
left after payment Of debts, and supporting, equip
ping aud educating The plaintiffs, provided by tho
will.
9TH Tho plaintiffs have not been supported,
equipped and educated in the manner provided IN The
viii. and that this failure resulted from no mscou-
duct or mental OF moral defects on the pari Of tho
m. .,l a.,
guardlan; whether that neglect proceeded rom mis-
take, or nadyottencc or from design, thai the plain
ifs aie entitled To redress, IN the shape OF compeu
saon in money for tho difference between what was
and what ought 10 have been expended.
And 5th. The plaintiffs ought TO have oppor-
unry of surcharging and al Tying, before Com
missioner OF the coui the accounts and settlements
referred IN the bin aud answers, 10 the extent OF
the spec icalions in their ball. aud 10 the extent OF
apparent upon their face IN their frame aud
structure, and 10 the extent Of any alteration
formation made necessary by the opinion OF the
court before expressed: Wherefore the court doth
order that the defendant Frederick Cabcll, render
before OF the Commissioners OF this court ac-
count Of his administration o the estate OF his tes
tator jain Cabell, decd both real land personal
that the defendant, Thomas X. Friend, administra-
tor of ohm J. Cabe decd render before the same
commissioner an account of his nesate's admits
tration OF the same estate likewise his intestae's
account, guardian of the plaintiffs and account
Of his administration of the estate of his ntestao. tho
said John J. Cabel deed. which accounts tho
said commissioner is directed TO examine, state ana
SETTLE and make report TO the court with any mat
ters specially stated, deemed pertinent by himself,
or required by the parties to be 50 stated.
\ Copy-Teste.
ROBERT TINSLEY, C..
CoMMssioNEH's OFfIcE,
Amherst Courthouse, October iIh, 1888.
The parties will take notice, that have appointed
Friday the 18th day of Decembernext, to commence
the accounts in the foregoing order mentioned, on
which day, at the hour of 10 o'clock A. NJ they arc
requested attend my Office, with their accounts,
vouchers aud copies of court papers, prepared for
examination aud set cement.
ROBERT TINSLEY, Comr.
October IS wdw