Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1838-08-06

1 ypchbnrg at the courthouse in SAID town, on
Wednesday The 9th Of January, 1885, sitting as
Court oil Chaueery:
William Staples Il Sarah F. his wife, aud Madison
c.. Porter, an infant. under the age ftwenly one
years, BY John Hughes, his next friend, Plaintiffs,
against
Samuel Davidson, Thomas Dixon, Sheriff Of
Campbell county, aud as such, admir- dc Ions non
of jeremiah Ingram, decd, Robertson Cheatham,
Lewis Campbell, Samuel Dickey, Heritage Hover
ton and Elizabeth his wife In their right, and
Heritage Howerton admir- dc bonis non, with the
will annexed of Samuel Porter, deed, Nancy
Ingram, Legrana Porter and Stephen Brady.
Defendants.
This cause came on this day, TO be heard, the
papers formerly read, the report OF commissioned
Watt made ia pursuance OF the order Of the 10Th Of
August 1888, with exceptions thereto BY tie delen
dants, exhibits aud examinations oil Witnesses since
fled, aud argued by counsel On consideration
whereof the court delivered the following Opinion:
The coun is far from being satisfied with the
commissioners report IN this case. There can be
no doubt that the executors in the proceedings men
toned have managed the estate OF their testator,
Porter, decd, very injudciously. But how many
estates there managed othcr"ise even by the
owners thereof, If regard the nett balance
ney realized the end Of each year. compared with
the speculative value Of negroes aud lands! Who
made profits Ivy hiring negroes and renting lands
Not in hundred 1t is the increase oil neg oes,
and the support OF their owners and their increasing
dnlIes which constitute the chie value oil an estate
IN land and negroes. Halt of the laborers in the
field would generally hire out for as much money as
the whole will make, after deducling the expenses OF
the plantation, aud the expenses Of their master and
family 1t was not the intention of the tesator nor
will the court indulge the project, TO put his executors
to keeping boarding houses, and his widow and chll-
dren to board with them. This is suit against the cx-
ecutors aud the securities the latter to be paymasters
to cause them 10 account for the estate oil their tes
ator, which came TO their hands. The court wishes
10 be niuri,a,. wha, each executor actually received
and what he paid away, either on account OF the
debts due by the csaiOr at the time OF his DEATH
since his death, for the benefit Of his devisees. This
should be stated with eXacncss if possible if not
with probable exactitude. Speculative profits aud
probable receipts are TO be re eced. Probable pro-
fits aud receipts are to be resored tonly when exact
proof of them cannot be referred to. The testator
died in November or December, 1916. Two exccu-
tors qualified, one only acting FOR several years. Ac-
cofdlng to the testator's WILL his estate was not to
be divided until all his debts we've paid. The debts
were small, and the means OF payment, available in
1917, were more than sufficient. According to the
wlll, as the court CONSIDERS the executor who acted
did night to keep the together during 1917 to
make crops aud to account for them, and to charge
to the estate the expenses thereof and the reasona-
BILE expenses of the widow and children, (all the
devsees) living together, without discrimination.
AT the beginning OF 1918. he ought to have divided
the estate, having then received money sufficient 10
pay the csators debts aud also the debts contract
ed Tor the family in 1917 having in his hands the
crops Of this year. sufficient, with the money recetv-
ed, Tor both purposes. The several aud distinct int
rests vi the widow and children require thai the
court should consider tha, what ought to have been
done al the close OF the year 1917 was done to a
certain extent Let there be an account, therefore,
showing what the acting executor had received aud
what he paid for the estate, expended for the
widow and children, to the LIST of January, 1918. AZ
ter tins period the family sub lived together and the
estate was kept together. making attempting to
make prohts by cropping, whereof the executor ie-
ceyed the avails, aud purchased merchandise aud
other nccessares for the whole of the devisces as oil
one interest, and has accordpg changed the III
ms account, besides contracting debts which he ney-
er paid This Is wrong. Bat the executor ought
not 10 be- charged with more than the crops he made
dedacung the expenses thereof nor ought the de-
visees to receive the merchandise and other suhec
purchased Tor Their use aud the OF helr Young
negroes without accounting for the value thereof
/ Let there, therefore, be second account shewin
the proceeds o the crops, as near as may be- during
the ADMINISTRATION OF the first executor and the rent
oi lands aud hires of slaves, il any. dedncting the
taxes and all expenses ucurre aud divide the nett
proceeds among the several devSees according to the
value OF Their respective lands and slaves employ ID.
And, thirdly, let there be account between eae b
devsee and the executor. in whch the latter is to
he credited only against each, for much of the
mefchandze purchased for the family, which was
appropriated to the separate Of each. Cash paid
| "NN'''"'
articles, being used in common, must stand as gene
raj debt against all, first dedncting -lhirJ-the
executor aud his wife making one third OF the con-
sumers, who should be excluded from the mess
Charge -hd 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 aforesaid
as well every article OF personal property proven
have been appropriated by him To enable the
executor to establish what merchandise was purchas-
ed by him for each Of the family, including the widow
he may examine each upon oath, a q the widow as
to herself and such Of the children as were too
young to be acquainted with such matters. if he
deems 1t necessary AS 10 the second executor he is
To account TO the estate Of his for such
ticles OF personal estate other than negroes as he
received, unless 1t be proved that he appropriated
any to his own He is 10 account for the crops
made, &c while the family lived together, and the
estate kept together upon the principles LAID
down IN regard to the first executor He is to be
credited for any debts paid which were due by the
estator aud also for all debts contracted on account
OF the estate by the first executor and which he has
been compelled to pays but the amount of these
debts is to be re-charged against the first executor
and with him settled upon the same principles pre-
scfbed by the court directed for the second
statement OF accounts with the first executor. For
provisions furnished the family while they lived to-
| Sether, and Tor merchandise, &c. furnished his &C
counts are TO be settled upon the prime piles OBJ
served in relation to the first executors accounts.
Aud II the plaintiffs prove that any debts paid BY Ell
her executor, not the debts of the testalor at
the time Of is death, then. unless the executor CON
cerned shew the consideration, so as to enable the
J commissioner make the discrimination directed.
the same shall not be charged against the estate. As