Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1840-04-30

Lynchbufg, at The Courthouse in said town on
Thursday, the 9th day OF June, 1889, sit, up rs a
court Of Chancer,:
William Staples and Sarah F. his WIFE and Mad.
Ison u Porter, an infant der the ge oftmen,y.on
years, by John Hughes his next friends, Plaint,as
against
Samuel Davidson. Thomas Dixon. Sheriff Of
Campbell, and such administrator de bonis non Of
Jeremiah lngrnn. deed, Robertson Cheatham
Lewis Campbell, Samuel Dckey, Heritage Hover
ton aud Elizabeth bis wife, in their own rights. and
the SAID Heritage Howerton administrator de bv
MS non with the will annexed of Samuel Porter
decd. Nancy Ingram. Legrand Porter and Ste
ri en- Bradley, H. cn,,,r,s
on The motion the Plaintiffs. and il appearing to
The court that Sarah f. Staples ;. The wife Of The
PlaIhiIff William Staples. and the Defendant LIE.
grand Porter nave departed this life il is ordered
that the facts be sug ested of record, and the
SAID William Staples, having qualified as The
administrator OF his wife, il is ordered that this
SUIT be proceeded in in his name as such: and
Madison =. Porter, having qualified as The ad-
'n'ns'raior OF The said Legrand Porter, tho court
do,h order that this cause be proceeded in in fu.
ture IN his name such and also appearing TO the
court. that The Plaintiff Madison G.. Porter hath at
'aeo Tue age oil twenty years il is ordered that
the tact be q the same is hereby suggested orecord.
AND teereupon, this cause came on This day again
10 be heard, on the papers formerly read and the re-
port OF Commissioner WHAT, made in pursuance bf
the decretal order oflhe 9Th day of January 1886
WIN sundrJ exceptions thereto by the Deieudans
and was argued by counsel on consideration where
o., the couri, beng OF opinion that the decree and
order made IN this the eth day of January
1886, under which the Commissioner hath acted ia
making The report before the court oue lit TO be
reformed, do b therefore aside so much of the
SAID decree and order conflicts with VIVA, fol-
'oweih; doth order that the &C cunts Of the Exec
utors respectively, which were settled by Commits
soners appoln for that purpose, and which were
reported to the county court OF Campbell approved
and therein ordered TO be recorded before the ns-
tuition OF this suit be regarded prma acie right;
anu the Commissioner of tins court is directed to
make them the basis of his several accounts ordered
by The decree OF the 9Th day oiJanuary 1886 afore
sad; subject however, be CORE ced for errors in
calculation, Tor errors apparent on the face of the
account and in the form and structure thereof and
also TO be unchanged and falsed by such proper and
suncient process as the parties interested may sx-
hio't. Aud the court 10th further order that the
several accounts which were directed to be taken BY
the decree aforesaid, with view TO disc rminae be-
tween Inc several legatees, and TO shew What portion
oil Inc expenses. goods, aud mere hand ze char
ged against the estate generally after the fret of jan
uafy' 1873 was II fact appropriated the separate
use oil each egatee, be yet taken, if means sufficient
De exhibited by any party interested 10 enable the
Commissioner to take such accounts, and in default
"ereoi' that then The amount so charg ed be debed
10 each iega'ee, IN the same proportion thai such
ega,ee IS credited by the and profits oftbe es-
NV S""'O pctou, court De1DS oil Op'HioU
mat Is more equitable that they who received the
goods anu used them in common. should be debhe6
!" common, unless some party interested shew the
me ans and reason Tor rightlul discrimination, than
mat the Executor furnishing the goods should DO
compelled to lose their value. Ia charging the Ex.
ecutors with the value Of The rents, aud hires and
crops made any in particular year, such charge
should be as oihe succeeding year. when such value
shoud DC realized, unless there be proof of actual re-
cepts oi the present year. Wherefore the court doth
fecommlt The report TO the commissioner who male
u. win directions 10 resiate and reform il in tODiOf-
miy with the principles herein before laid down. anu
report The same to the court, with any matters spe
Crazy stated thought pertinent by himself reqd"-
ed by the parties to be stated.
Cepy-Tes,e.
DAVID ROBES. OK.
COMMIssIoNER's OFFICE,
-, Lynchburg. April LIST. 1910. :,
The parties interested will take notice that SHAH
IN the 9th OF May next proceed to take the account
ireced by the ior"going order Of court, on whic"
lay. AT the hour Of 10 O'clock in the morning, iey
ire required TO attend my office in tins town, WIN
heir accounts, vouchers and proofs and "a copy o.
ne court papers, prepared for examination and SCI