Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1839-08-08

~itl, prompt attention. J. T. DIUGUID Y Co.
| May p WIS
VIRGINIA: At Circuit Superior Court Of
| Law and Chaneery continued and held
for The town of Lynchburg. at the Cont house
on Monday the 3rd day of June, 1899, sitting as
| Court OF Ghancery.
john Thompson, Jr. Pit
! against
Charles Mckinney, Thomas Mckinney and
! John Mckinney. executors of William Mekln-
| ney. deed. Samuel Branch. Junins A.. Clay,
Joel Mckinney, William S. Diuguid, John Hughes,
! L,nnrus d puy. DAVID Bridges and Martha
hi, wife, Peter Mckinney. and the President Dl.
recfors aud Company OF the Bank of the United
/ States Defls.
/ The defendant Lnnmas Dnpuy, WHO is out fle
county, and against whom the plaintiff appears to
have proceeded prescribed by law, sill lailing TO
appear and file his answer; on motion Of the plain
un. by counsel the Cont doth take his bill Tor CON
lrsstd 10 the said Linngus Dupuy. The sub
punas which issued II this cause, bearing lac on
the 23I day Of December 1897, and on the lst Of
January. l53S, and which appear To have been duly
executed upon The defend ,nts Charles Mckinney,
Junus A. Clay. Joel Mckinney, William s. Diu
guld John Hughes and Peter Mckinney, and more
than four months having elapsed ~ well since the
retnrn-days of the subpnnas as since the fling OF
the plaintiffs bill and the said defendants still falling
10 appear aud file their answers: On The motion Of
the plaintiff by counsel the Court doth take his bill
for confessed 10 ;he said last mentioned de-
PENDANTS; "hrrenpon tire cause came ON To be
heard upon the bill, the answer OF the Presleni.
Directors Company OF The Bank Of the United
States, the answers of the defendants John Nc
kinney, Thomas Mckinney, Samuel Branch, and
David Bridges and Martha his wife, with repl-
cations severally thereuno made by the plaintiff ex
crpt to the OF the Bank of the United States,
exhibits the examinations Of witnesses, aud WAS
gued by counsel: On consideration whereof, the
Court being of opinion that the finding of the jury
and the Judgment thereon in the Federal Court in ia
yor of the exors. al William Mel Kinney their plea
Of fully administered prccludes aud estops the
plaintiff from claiming any thing except for
/ rurs in calculation, on account of the subject
comnrehended and specified in thu executors
account settled and recorded before the date
Of said Ind Iment-and If this were not so, vet
thai the several debts which are charged in the SET
lied accounts Of John Mckinney, one of the exors.
of William Mckinney deed, As being due in the
name OF William Mckinney x Go. ght riahlinlly
be paid that executor out orhe assets Of his testaor
and charged IN his sud cXccuioral accounts, be,
cause the same are satisfactorily proven 10 hive been
the proper individual debts of William Mckinney
and the plaintiff having failed by any sufficient
ldence 10 sustain his specific items of surchargc
aud Justification OF the said executors settled
counts the Couri doth decide that it is compe-
tent or the plalnu oopen, sureharse aud ialsiy the
SAID scaled accounts Of the executor of John Nc
Kinney which bad been settled aud recorded before
the finding OF the jury and the judgment Of the Fed
erI Court aforesaid, and doth accordingly refuse 10
permit the same 10 be opened. But the plaintiff
having night to al account Of The eXecutoria
transactions which have happened subsequent to the
lormef settlement, and IN relation TO subject not
comprehended or specified therein, the Court doth
adJnd9e, order and decree that the executors do
render before Of the Commissioners Of this Court
a further account Of administration on the estate Of
their tesator in which account shall be stated their
transactions subsequent TO the foregoing recorded
settlement passed upon by the Federal Court, bring
tIt,rS IA thn al flla
/ account hereby ordered, in which account may be
included any other assets of the testator which has
come to the hands of his executor any time since
] hIs death, and which were not comprehended in the
settled aud recorded account aforesaid. And as the
plainuf may become interested in the equitable as
sets OF the tesalor upon his failure TO obtain salts
faction oil his demand out Of the legal assets, he
may have account Of the administration OF the
equitable assets also, subsequent to the account Of
that fund. which had been settled and recorded be-
fore the bringing OF this suit and may be allowed to
surcharge and falsely that account in any specific
item OF charge contained in his bill-o correct any
apparent the face of said account aud ifneed
! be change its form and structure but always re-
! garding the will of William Mckinney as governing
and controlling the disposition Of the equitable as
sets. Wherefore the Court doth further adjudge,
order and decree that the ex'ors OF William Me-
/ Kinney do render account before the same com
missioner ei the equitable assets which have come
to their hands, to be administered upon the princ-
4
have an account Ct the mercantile transactions Of
! the firms of William & Charles Mckinney, of
John Mckinney X Co. aud of William NJ ck nney
* Co, aud oi he remaining real estate of which
/ William Mckinney died seized and possessed, II any
] there be- not embraced by the former settled ac-
counts and to this and the said executors are d-
+ rocted to produce before the commissioner, who
shall take the said accounts, the partnership books
VI the SAID several firms, and also tlc separate book
or baoks of accounts, il any, of the said W liam Me
kiuney-and the Court doth further order that the
/ said commissioner do take account OF the PLAIN
4 ul's debt and Of the date when ii was contracted-
also account OF the Announcements, II any were
made to the defendants. Bridges 4 wife, Robert Nc
Kinney and Peter Mckinney --when made-lhe va
iue when made and the present value thereof, or OF
any part thereoand of the increase OF the slaves,
II now in the hands OF any Of any of the detendants-
also account OF the yearly value OF any part OF
the said slaves, which may remain in the hands OF
any OF the alleged volunteers or others. claiming
under them Except of such rs may be bed by pnr-
/ chase, y since the death of William Mcklnney-and
also an recount of the value of the estate of Viii
liam Mckinney, both real and personal, and the a
mount of debts by him owing at the date of SAID ad-
vancements. And the said Commissioner is com
manded to examine, state and settle the several ac
counts hereby ordered and make report thereof
with any matter specially stated deemed pertinent by
The plaintiff has liberty mime the defendants
in solemn iorm OATH iutefrogaiories perth en-
TO the issues before the Commissioner, after due no
lice for that purpose.
a Copy-Tcse,
DAVID ROBES, c. C.
CoMMIssIoNER's OFFICE, }
mi OH, .