Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1839-04-11

town OF Lynchburg, AT the courthouse in said town,
on Friday the 10Th day Of May, 1897, sitting as a
court of chancery:
Adolphus PcIlcolas and James w. DibrelI, mer-
chants and partners trading under the style and firm
OF A. fellcolas Co., Plaintiffs,
against
James l.. Clayton and John d. Mune, admins
traitors Of Samuel Clayton, decd, Rosanna +. Clay
tor, widow, Mary Rosanna, John NJ and Samuel
Clayton, heirs Of said Samuel Clayton. decd. Deits.
On the motion the plaintiffs David Rodes. clerk
OF this court, is appointed guardian al Item to de-
tend the infant defendants, Mary Rosanna Clayton,
John NJ. Clayton and Samuel Clayton, who the,eup-
on filed their Joint answers the Plaintiffs bill The
subpnnls winch issued in this cause on the 10Th day
OF September 1886, being returned executed on the
defendant, John ID. Munel and more than four
months having elapsed as well since the day of
said subpoena since the filing Of the bill On the
motion OF the plaintiffs, by counsel, their bill is taken
for confessed as against the last named defendant
therenpon tie cause coming be heard on The
bill, answers of the defendants, James l.. Clayiot
Rosanna +. l.. Clay or and of the infant defendants
aud exhibits, and was argued by counsel con-
sdcEtion whereof, and it being admitted by all the
adult defendants, that fer the purpose Of MARSHAL
ing the assets, real and PERSONAL dcscendlary from
Samuel CLtytor, deed. sale in the real estate in
the bill mentioned, must take place, subject to the
widow ngIt OF dover, and the proceeds applied to
the satisfaction of debts due from the interests to
the same extent that those debts have been dsa point
ell o sharing III the personal assets by debts superior
dignity, and binding on the heirs defendant. Rosan-
Ma, the widow, prelerring sell out & out of the real
estate TO lite interest in third part thereof, and sub
nlttnQ her rights to reasonable portion Of the pro-
ceeds Il be held by her in absolute right and the
plaintiffs conseuting SELL and that the count By its
decree. shall FIX The widows share aforesaid the
Cont doth adJudge, order and decree that the ser
gean oi The corporation OF Lynthburg, who after ad
'eitlsng the time and place OF sale for thirty days. in
some hewspapcrin the town OF Lynchburg D. ocecd
upon The premises, to SELL the hle hest bidder the
House and Lo, in the bill mentioned and The Tract
OF Land also IN the bill mentioned and on credit
0, one ana two years, equal payments from the pur.
tascis vi e same, aht,g nom the purchasers bonds
wiz sood personal security and retaining the title
as further security, and make report thereof 10 the
Court, accompanied with the bonds aud the cour
doth further Judge, order and decree thai the de-
PENDANTS James l.. Clayton and john ID. Muuell, do
render before one of the commissioners of the Court
an account OF the administration of the estate of
Samuel Claytor, decd beginning with their settled
and recorded account referred 10 by the plaintiffs
bill. and that the same commissioner do Ia G an ac
count OF the plaintiffs debts, and any other debt or
gents due from the estate OF the said Samuel Clayor
deed which may be proved before him-all which
accounts the commissioner will take and SETTLE
anu make report TO the with any matters spe-
cnlly stated, deemed pertinent by himself or requi,-
td by the parties To be stated And on the rno ION
OF David Thompson and Howell Lewis late inspec-
tors at Liberty Warehouse, in Lynchburs under
me style aud firm of Thompson q Lewis Green B.
DOVES endorser for Bowles, (for the benefit Of ohm
W. bagwelI,) and Sally Clayton, who filed their
petition * who consent to unite in paying the future
costs OF this SUIT, they severay permitted to u
mite themselves, party Plaintiffs herein.
A l'uDN-Ipctp