Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1839-04-25
VIRGINIA: AT

VIRGINIA AT a Circuit Superior Court of
' Law and Chancery, continued and held for the
town of Lynchburg, at the courthouse in said town,
on Friday the 19th day of May, 1887, sitting as a
court of chancery:
Adolphus Peticolas and James w. Dibrell, mer-
chants and partners, trading under The style and firm
OF A. Petcolas q Co., plaintiffs,
against
James l.. Clayton and John ID. Muuell, admins
traitors of Samuel Clayton, decd, Rosanna +. Clay
tor, widow, Mary Rosanna, John NJ. and Samuel
Clayton, heils of said Samuel Clayton. decd. Deiis.
On the motion Of The plaintiffs, David Rodes. clerk
Of this court, is appointed guardian al litem TO de-
fend the infant defendants, Mary Rosanna Clayton,
John NJ. Clayton and Samuel Clayton, who thereup-
on hled their Joint answers to the Plaintiffs bill. The
subpGnas winch issued in this cause on the 10th day
OF September, 1886, being returned executed on the
defendant, John ID. Murlell, and more than four
months having elapsed as well since the return day OF
sala ,,aa.nna, as since the filing Of the bill On the
motion of The plaintiffs, by counsc', their e.! ;s taken
for confessed as against the last named deienddnt-
thereupon the cause coming on to be heard on The
bill, answers Of the defendants, James L.. Clayton,
Rosanna +. l.. Clayton, and OF the infant defendants,
and exhibits, and was argued by counsel; on con-
sideration whereof, and it being admitted by all the
adult defendants, that for the purpose OF marshall
ling the assets, real and personal, descendiary from
Samuel Ciaytor, decd. "A sale in the real estate in
the bill mentioned, must take place. subject TO the
fidow's right OF dover, and the proceeds applied to
the satisfaction of debts now due from The interests TO
the same extent that those debts have been disappolnt-
ed OF sharing in the personal assets by debts OF superior
dignity, and binding on the heirs q defendant, Rosan-
na, the widow, prelerring a sell out, ~ out of the real
estate to a life interest in a third part thereof, and sub
uniting her rights to a 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
Court doth adjudge, order and decree, that the SER
geant OF the corporation of Lynchburg, who, after ad-
veftISlDp the time and place of sale. for thirty uayS. IL
some newspaporin the town of Lynchbnrg, proceed,
upon The premises, to sell, TO the highest bidder, the
house aud Lot IN the bill mentioned, and the Tract
of Land also, in the bill mentioned, aud on a credit
oil 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 10 the
Court, accompanied with the bonds and the court
doth further adJudge, order and decree, that the de-
PENDANTS, James l.. Clayton and John D.. MureIl. do
render before one OF the commissioners ofthe Court,
an account OF the administration Of the estate of
oaihuei Claytor, decd beginning with their settled
ana recorded account referred to by the plaintiffs
oili' ana mat the same commissioner do take an ac-
count OF the plaintiffs debts, and any other debt mr.
debts due from the estate Of he said Samuel Claytor.
deed. winch may be proved before him-all which
accounts the commissioner will take, state and SETTLE.
ana make report TO the court with any matters spe.
c'aliy stated, deemed pertinent by himself, or reoui,-
ed by the parties to be so stated. And on he mn,,on
oil David Thompson and Howell Lewis, late iuspec-
tors at Liberty Warehouse, in Lynchburg, under
the style and firm of Thompson q Lewis, Green r.
bo"les, epdorser for Bowles, (for the benefit orJobn
w. ~bagweh.) and Sally Clayton, who flied then
petition q VINO consent TO unite in paying the future
costs oil this suit, they are severally permitted tn n
n'te themselves, as party laiutils herein.
A Copy-Tes,e,
DAVID ROBES, Crk.
COMMISSIONERS OFFICE
Lynchburg, March 18th, 1889.
Inc parties interested will take notice, tina, shall
on me IAN day OF May next, proceed to take The
accounts directed by the foregoing order of court.
on winch day, at the hour of ten O'Clock in the morn.
ing they are requested to attend at my office, in
inns town. with their accounts, vouchers and proofs.
ana a copy OF the Court papers prepared for exam