Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1839-08-01

Law aud Chancery continued and held
for the Town of Lynchburg. at the Cont house.
on Monday the Ord day OF June, 1880, sitting as a
Court OF chancery.
john Thompson, Jr. Pit.
against
Charles Mckinney, Thomas Mckinney. and
John Mckinney, executors of William MeKio-
Dey. deed Samuel Braneh, Janius A. CLAY
Joel Mckinney, William S. Dluguid. John Hughes
Llnp9us ID ipuy. David Bridges and Martha
hts vile, Peter Mckinney. and The President Di-
Iecton and Company Of the Bank vi the United
States, Defis.
The defendant Lnneus Dupuy. who is out of the
country. and against whom the plaintiff appears to
have proceeded prescribed by law, still fsling 10
appear and file his answer; on motion Of the plain
un, by counsel the Court doth take his bill Tor con
fessed az to the said Linnaus Dnpuy. The sub
pgnas which issued IN this Cause bearing date on
the 23d day of December, 1897, and on the Isl OF
January, 1888. and which appear To have been duly
executed upon the defend nts Charles Nj Kinney
Junus A. Clay Joel Mckinney. William s. Dn-
gnid, John Hughes and Peter Mckinney and more
Than four months having elapsed we'll since the
return-days of the s1bprnas as since the filing of
the plaintiffs BILL and the said defendants still failing
TO appear and file Their answers On The motion OF
the plaintiff. by counsel, the Couu doth take his bill
for confessed as 10 the said last mentioned de-
iendanis; whereupon the to be
heard upon the bill, the answer Of the President
Directors * Company OF the Bank OF the United
States. the answers Of the defendants John Nc
Kinney Thomas Mckinney, Samuel Branch aud
David Bridges aud Martha his wife, with repli-
cations severally lhereunto made by the plaintiff ex
cept 10 the answer of tho Bank Of the Uned States
exhibits, the examinations Of witnesses, and was ar
gnod by counsel: On consideration whereof. the
Court beng oil opinion that the finding Of the jury
ard The judgment thereon IN the Federal Court in IA
V0r OF tue eXofs. ol illiam Mckinney their plea
OF fully administered, preclndes aud eslops the
plainIlli from claiming any thing except for err
rofs IN calculations on account Of the subj ects
compfehendcd and specified in Tia executors
account settled and recorded before the date
OF said Judgnent--and If Tbs were not so, vet
that the several debts which aie charged in the set
tied accounts OF John Mckinney one Of the exors.
Of William Mckinney decd rs being due in the
pamc OF William Mckinney & Co. might ri ghlfully
be paid that executor of the assets of his testator
and charged IN his s1d eXecntorial accounts be-
cause The same are satisfactorily proven have been
the proper individual debts OF W lllilm Mckinney
and The plaintiff having failed by any sufficient ev-
idence 10 sustain his specific items of surcharee
and Justification Of the said executors settled ac-
counts, the Coutl doth decide that it is not compe-
tent Tor the plaintiff 10 open, sufcharge and alsy The
SAID settled accounts OF the executor of John Nc
Kinney, which had been settled aud recorded before
the hndng oithe jury and the judgment OF the Fed
eral Count aforesaid and doth accordingly refuse TO
permit the same To be opened. But The plaintiff
having a right an account OF the executoriaI
transactions which have happened subsequent to The
former settlement and IN relation TO subjects not
comprehended or specified therein, the Court doth
adjudge, order aud decree that the executors do
render before one OF the Commissioners of this Court
alurther account of administration on the estate of
Their esator I'm which account shall be stated their
transactions subsequent to the foregoing recorded
settlement passed upon by the Federal Court,) bring
ing down their said transactions 10 the date Of the
account hereby ordered, in which account may be
included any other assets Of the testator which has
come 10 the hands OF his executor at any Time since
us healh, ana winch were not comprehended in the
settled aud recorded account aforesaid. Aud as the
Plaihth may become Interested IN the equitable as.
sets Oh the tcstator upon his failure obtain salts
faction oil his demand OUT Of the legal assets, he
may have an account Of the administration Of The
equitable assets also, subsequent to the OF
that innd, which had been seued aud recorded be-
lore the bringing OF this suit and may be allowed to
surcharge and idsify that account in any specific
item oil chatge contained in his bill--to correct any
apparent error on the face of said account AID fueed
oe change lis torn and structure but always re.
garling the will of William Mckinney as governing
and controlling the disposition of the equitable as
sets Wherefore the Court doth further adiudre
ofder anu decree that the ex'ors of William Me-
Kinney do render an account be fore the same com
missioner oi the equitable assets which have come
to their hands, to be administered upon the priuci-
ple' above stated; and the plaintiff desiring it, may
nave an account Ct the mercantile transactions Of
me hfhs OF William & Charles Mckinney, of
john mckinney * Co. and Of William Mckinney
~ aud OF The remaining real estate of which
Nhnah Mckinney died seized and possessed if any
'he'o NC, not embraced by the former settled
counts aud to this and the said executors are di-
fected To produce before the commissioner, who
shall take the said accounts, the partnership books
vi the SAID several firms, and also the separate book
orbdoks OF accounts, if any, the said " lam Me
knney-and the Court doth further order that the
SAID commissioner do take am account OF The paln-
uii's debt and of the date when it was contracted-
also an account of the adyancements. if any were
made to the defendants, Bridges wife, Robert Me-
Kinney and Peter Mekinney-when made--the va
Tue when made, and the present value thereof of
any part thereoand of the increase Of the slaves
II now IN the hands of any Of any OF the deicndauts-
also an account oil the yearly value Of any part of
me sald slaves, which may remain in the hands of
any OF the alleged volunteers or Others claiming
under them Except of such may be held by pur-
chase since the death of William Mckinney and
also an account of the value of the estate OF Will
liam Mckinney, both real and personal, and the a
mount OF debts by him owing at the date of said adj
vancemens. Aud 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
himself, or required by the parties to be so stated
! The palnlilf has liberty examine the defendants
to the issues before the Commiss oner after due no
tce for that purpose.
Copy-Tcste,
DAVID ROBES, c. C.
CoMMIssIoNERs OFFICE, !
Lynchburg, July 9th, 1889
! The parties in this cause will take notice that
have appointed Saturday the 3lst day OF August
1889, to commence the accounts directed BY the
I