Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1839-07-25

l.
Monday tho Sid da. Of June 1850, sitting rs
Court of Ghaneery.
John Thompson, Jr. Plt.
against
Charles Mckinney. Thonas Mckinney, and /
John Mckinney executors Of William nckin- |
ney. deed. Samnel Branch. Jnnius A. Clay.
Joel Mckinney, William s. Diuenld John Hughes,
Linnnus pus. David Bridges and Martha
his WIFE, Peter Mckinney. and the President. Di.
tectors and COMPANY Of The Bank Of tie United
States, Defrs.
The defendant Linnens Dupuy. WHO is out oil the
county, and against whum tie plaintiff appears 10
have proceeded prescribed by law. still filling 10
appear and file lis answer; on motion Of The plain
till by counsel, the Count doth take bis bill for
fessed the said Lnnaus Dnpuy. The sub
pnnas which issued IN this cause, bearing date
The 23d day of December, 1887, aud on the lst OF
January 1888 and which appear TO have been duly
executed upon the defendants Chafles Mckinney
Junns A. Clay Joel Mckinney, William S. Du-
gnld John Hughes and Peter Mckinney. and more
than four months having elapsed well since the
return-days OF the sHbrnnas, since the filing of
the plaintiffs bill, and the said defendants still falling
10 appear aud file their answers: On the motion oil
the plaintiff by COUNSEL the Court doth take his bill
for confessed as TO the said last mentioned de-
PENDANTS: whereupon the cause came on 10 be
heard upon The bill, the answer OF the President.
Directors Company oil the Bank OF the United
States, the answers of the defendants John Nc
Kinney, Thomas Mckinney, Samuel Branch and
cations severally herennto made by the plaintiff ex-
ccpt TO the answer OF The Bank Of the United States,
exhibits, the examinai lions OF Witnesses and was ar
eued by counsel: On consideration Whereof the
Court being OF opinion that the finding Of the Jury
ard the judgment thereon in the Federal Court in ia.
yor OF the exofs. Of William Mckinney on their plea
OF fully administered, precludcs aud esops the
plaintiff from claiming any thing except for en-
| fofs III calculation, on account OF the sub ecis
comnrehended aud specified IN the executors
/ 1r Sptilpd JpcurfpI hpfn tba 1at
! OF said judgment-and If this were not so, vet
! thai the several debts which charged in the set
tied ACCOUNTS Of John Mckinney, one Of the exors
! of William Mckinney deed. being due in the
name Of William Mckinney & Co might riahfnlly
be paid that executor out OF the assets OF bis esator
and Charged IN his sad eXeCulorial accounts, be-
cause the same are satisfactorily proven have been
the proper individual debts Of William Mckinney !;
and the plaintiff having lal'ed by any sufficient ev-
| idence 10 sustain his specific items of surcIarec
aud Justification OF the SAID executors settled ac-
counts, the Coufi doth decide that it is not compe-
tent Tor the plaintiff 10 open, snclarge and alsiiy The
! SAID settled accounts OF the executor Of John Nc
Kinney, which bad been settled aud recorded before
the finding of tie jury aud the judgment Of tie Fed
erel Court aforesaid, and doth accordingly refuse to
| permit the same to be opened. But the plaintiff
having right 10 an account of the eXccutoria
transactions which have happened subsequent to the
former settlement, and IN relation to sublec; not
compfehcnded or specified therein, the Court doth
adjndge, order and decree that the executors do
render before one OF the Commissioners OF this Court
a further account Of administration on the estate Of
ther testao I'm which account shall be stated their
transactions subsequent TO the forepong recorded
settlement passed upon by the Fedora! Court bring
M down their said transactions TO the date Of the
account hereby ordered in which account may be
included any other assets of the testator which has
come the hands of his executor at any time since
his DEATH and " hich were moi comprehended in The
settled and recorded account aforesaid And ns the
! pIalnilfi become in eQutable
sets of the iestaor npon his failure to obtan salts
may have an account of The administration OF the
equitable as cts also subsequent TO the account Of
thai fund which had been settled and recorded be-
fore the bringing Of this suit and may be allowed TO
sure atce and Elsiiy that account In any snecjGc
item Of change contained in lis bllto eorrert any
apparent error on lhe face .aid account and freed
be change its form and structure bur always re.
earline The will of William Mckinney as goyr,nino
aud controlling the dlsposlion Of the cnaItable as.
sets Wherefore the Cont doth further aljudge.
order and decree thai the ,x'ors of William Me
Kinney do render an account before the same com
missioner If the eonif,le assets which have come
TO their hands In h., ,1,,inistn,ed imam the n,inci
niles above stated ,,l he n,inIifT desiring il may
have an account r. Tho ,neYcantile Transactions Of
the firms of William & Charles Mckinney OF
John Mckinney & Co. and Of William Mex nney
X CO., and OF he remaining real estate oil which
William Mckinney died seized and possessed il any
there be, not embraced by the former settled ac-
counts and to thus and The said executors are di-
rected to produce before the COMMISSIONS, who
shall take the SAID accounts partnership DOCKS