Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1839-01-17

" Wv 'fN'hh superior court OF Law and
Chancery of Jefferson county November 26lb,
1895:
Thomas T,H.,eriaks, and sih,,,. PLAINTIFF.
Samuei {. Darsapori and others, DErESpAsr,
IN CiiANCEWl.
Doing represented 10 tie Court that the
- persons appointed b., the decree made in
that cause on the 18th Day OF June, 1894 have
declined acting ~ such, aud that the terms OF
which the sale therein authorized were directed
20 be made, may DO so changed as to render
su,h sale moro beneficial To tue infant defen-
dsr's, thsn " u should be made u?on the term,
therein Designated, by consent Of partie, by
theirc punsoi this cause came again 10 be- lac AID
th's a6th day Of November 1883, upon the pa
Pers formerly read, and the said decree Of tho
i9th OF June, 1913. and was argued by counsel
upon consideration hereof, the Court doth sd-
Judge, order and decree, that Jane. e. ickIin
oc. and he y hereby. appointed Comuissioner
10 make sale an f.. simple or the land descended
from the late Benz amin Davenport, deed, men
toned in the bill aud papers OF tins cause, and
To convey the same, after his proceedings under
th's decree shall have been confirmed by tins
Court, To tho purchaser thereof The terms Of
sa'd sale shall be one-ihird OF the purchase mo-
ney IN cash, one-sixth thereof pay able in twelve
months, and one-sixth IN two wears from the
day OF sale, each bearing interest from the day
OF sale, which interest shall be pa able annual
ly-and the residue. being one hrd 1.-THE inter-
est on which the widow of the said BENJAMIN
hath agreed 10 receive IN lieu Of her dover in
the sand iand) Is To remain in the hands of the
purchaser. until after the death Of Elizabeth s.
Davenport, the widow aforesaid, and TO he maid
b, the said purchaser, ope-haif thereof in twelve
months. aud onc-haif, the residue thereof, In
two years from the time OF her deaih-pro,iJcd
that II The said widow should happen TO die
within two years from the DAY OF the said sale.
"a such event the said purchaser shalf then pay
the said last mentioned third Of the purchasc
money, one-haif thereof ut the expiration Of
three years from the day Of gale, and the re-
naming half thereof in four years from the day
OF said sale. This last third, directed TO be
lett IN the hands OF the said pure. aser Us aforr
said, shall also bear interest from the dsy Of
sale. which interest shall by him be paid a: the
end OF every year from the day of said sale, to
the said Mrs. tIizabeih ). Davenport so lon. a.
she shall live, aud after her death TO the said
Commissioners, or 10 such other person or per-
soss as lnc Court may appoint TO receive the
same. The deferred payments and the interest
which may accrue thereon. shall he secured by
The bonds Of the purchaser, aud by n deed OF
trust upon The said land, 10 be executed by the
purchaser 10 the said Commissioner for the nae
and benefit OF tue several defendant, in tbi.
cause. Al least four week. notice OF the Tine
place, and terms Of said sale. shall be given in
the Chsriestown Free Press, and in some ne ~. =
paper published in Winchester. Virginia, be fore
any sale shall be made under this decree. The
said Commissioner is also directed TO make n
report OF hi, proceedings under this decree, ia
order That the same may be passed on by this
Court, and that such further order may be m sde
herein as the Court may deem proper and no
contract OF sale made by him shall DO held com
Piete until The same shall have been confirmed
by this Courl-and If the said report shall be
confirmed, IL shalt also be the duty OF the said
Commissioned TO collect the purchase money OF
the said land, a. Il sbsii become due and paya.
BILE. and also the interest which shall accrue
thereon, excepting that part OF the intei esi
paid directly To the said Mrs. Elizabeth s Da.
ScnPort, as aforesaid) as the said interest sh all
become due add payable, and TO pay tho same
into Court. 10 be vested applied, aud dis pose
OF according 10 the future order Of tho Court
unless the Court shall hereafter otherwise d.
rert. And six months arc allowed tho said ia.
fani defendants, after they respectively attain
The age Of twenty -one years, TO shcw cause, Al
any they can, against thi. decree, for whici
purpose day is hereby given them.
coPy-Teslc,
ROBERT r. BROWN CI,,I