Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1839-04-18
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James l.. Cayt6r and John d. Munell, admins
traitors Of Samucl Clayton, decd. Rosanna +. Clay
tor, widow, Mary Rosanna, John NJ. and Samuel
Caytor, hciis of said Samuel Caytor. deed. DelIs.
On the motion OF the plaintiffs, David Rodes clerk
OF this court, is appointed guardian al ticm to de-
iend the infant defendants, Mary Rosanna Clayton,
John NJ. Clayton and Samuel Claytor who thefeup-
on filed their Joint answers to the plaintiffs bill. The
subpGnas winch ssucd 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 day of
said subpoena, since the fling 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 L. Clayton,
Rosanna F.. l.. Clay Tor. and OF the infant defendants,
and exhibits, and WAS argued by counsel; con-
sderation whereof, and ii being admitted by all the
adult defendants that for the purpose of marshall
ling the assets real and personal, descendlary from
Samuel Clayton, decd. a sale in the real estate in
the bill mentonel, must take place, subject 10 the
widows right OF dover, and the proceeds applied to
the satisfaction Of debts due from the interests To
The same eXtca that those hts have been dsappoint-
ed OF shang IN the personal assets by debts oil superior
dignity, and binding on the heirs defendants Rosan-
ma, the widow, pteerring sell out & out of the real
estate TO life interest in third part thereof and sub
mlng her rights TO reasonable portion OF the pro-
cceds 10 be held by her in absolute right and the
plaintiffs conserving TO SELL and that the court, by lis
decree. shall fix the widows share as aforesaid the
Count doth adIudge order aud decree, that the ser
seaut OF the corporation OF Lynthburg, who after ad
vettsinG the time and place OF SALE ortty days. in
some new paper in the town of Lynchburg, proceed
upon The premises to sell, TO the highest bidder the
House ard Lol IN the bill mentioned, and the Tract
of Laud also, in the bill mentioned aud on credit
OF one and two years, equal payments from the pur-
chasers 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 tie bonds and the couri
doth further adJudge, order and Decree that the de-
PENDANTS, James l.. Clayton and John ID. Murrell do
render before one oEthe commissioners of the Court
an account OF the administration of the estate Of
Samuel Clayton, deed. beginning with their settled
and recorded account teterred 10 by the plaintiffs
biIl. and that the same commissioner do take an ac-
count of the plaintiffs debts and any other debt or
decd. which may be proved before hinl-all which
accounts the commissioner will take state and SETTLE
and make report to the court with any matters spe
cIay stated, deemed pertinent by himself, or rcqnif-
ed by the parties To be stated And on The motion
OF David Thompson and Howell Lewis late inspec-
tors at Liberty Warehouse, in Lynchburg. under
the style aud firm of Thompson & Lewis Green b.
Bowles. ondorser for Bowes (for the benefit ofJohn
w. Bagwell.) and Sally Clayton, who filed then
petition who consent to unite IN paying the future
costs of this suit, they scyerally permitted to u
mite themselves, as panty lantff, herein.
Cupy-Tcste,