Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1839-05-02

" Il
Law and Chancery continued and held for the
iown of Lynchburg, at the courthouse in said town.
on Friday the 10Th day Of May, 1887, sitting as
court OF chancery: D
cha,,s and partners trading under the style and firm
- p,;cnJa. d Co Plaintiffs
against
James L. Claytor and john ID. Munell, admins
traitors of Samuel Caytor, decd hosahna r. LAY
tor widow Mary Rosanna, John NJ. ana oaane'
Claytor hens of said Samuel Clayton. dec IL Deus
On the motion ofthe plaintiffs David Rodcs. clerk
of this court IS appolsted guardian at hfem 10 "e
Cend the infant defendants Mary Rosanna Clayiof,
John NJ. Clayton and Samuel Clayton, who thefeuF-
on filed their Joint answers 10 the ilalnlifs bI' Inc
subppnas winch issued in this cause on the 10Th day
of September 1896, being returned executed on the
defendant John ID. Munell, and more than four
months having elapsed well since the return day Of
said subpoena as since the filing of the bill: On the
motion of the plaintiffs by counsel their bill Is taken
for confessed against the last named defendant
thereupon the cause coming on to be heard on The
bill answers OF the defendants, James IL. Clayton,
Rosanna f. l.. Clayton and of the infant defendants,
and exhibits, and was argued by counsel; on con
sderati0n whereof, and 1t being admitted by all the
adult defendants, that for the purpose oIJnarshal-
ling the assets. real and personal, descendlary from
Samuel Clayton, deed. sale in the real estate IN
the bill mentioned must take place, subject TO the
widows right OF dover, and the proceeds applied TO
the satisfaction of debts due from the interests to
the same extent that those debts have been disappon
ed sharing in the personal assets by debts OF superior
dignity, and binding the heirs defendant. Rosan-
ma the widow, preerrng sell out, " out OF the real
estate to life in third part thereof, and sub
hitting her rights reasonable portion OF the pro-
ceeds to be held by her IN absolute right, and the
plaintiffs conserving to SELL and that the court, by its
decree. shall fix The widows share as aforesaid the
Cont doth adjudge order and decree, that the
yeaoi Of the corporation of Lynchburg who after ad
ycrsing the time and place ofsale, loftliry days, in
some ewspaptri in the town Of Lynchburg, proceed,
upon the premises, to sell, to the highest bidder, the
House and Lot in the bill mentioned, and the Tract
of land also, in the bill mentoned and credit
of one and two years, equal payments from The pur
chases Of the same taking from the purchasers bonds
with good personal security, and retaining the title
as further security, and make report thereof the
Court, accompanied with the bonds and the court
M n further adudge, order and decree that the de-
PENDANTS. James l.. Clayton and John d. Munell, do
render before Of The commissioners ofhe Court,
an account oil the administration OF the estate Of
Sa,nue! Clayton, decd beginning with their settled
and recorGa account referred to by the plaintiffs
bill and thar the zane commissioner do take ac-
count of the plaintih debts, and any other debt or
debts due from the estate " The said Samuel Caytor,
decd. which may be proved bc."fe him-ali which
accounts the commissioner viii take, sac "nu se'ue'
and make report TO the court with any matters spe-
cally stated, deemed pertinent by himself or X Sui
ed NY the parties to be stated. And on the motioa
of David Thompson and Howell Lewis, late inspec-
tors at Liberty Warehouse in Lynchburg, under
the style and firm of Thompson q Lewis, Green b..
Bowles endorser for Bowles, (or the benefit of John
w. Bagwcll) and Sally Clayton who filed their
petition, 81 who consent to unite in paying The future
of this suit, they severay permitted to u
mite themselves, as party ainlilis herein.
A Copy-Ieste,
pnDES