Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1840-02-13

At
"epneshay Tie l2th day Of Sepiember. fsss Oh
henfy DOMINION, Sergeant OF The co,..a
i-yoehoufg and as such administrator Of Of
's'sef' deceased and Of Polly B4llenger des.,l IT.
ogo,,,, Pa'aua,
Elizabeth TAYLOR in hrfown,fg1,, &
aoa,ihisifat1ix OF Abram TaylO Pmfick H. 81 a'her
VI i'hNi'h county aud as such atlinlnl,ttetH
IONS non Of Abram Taylor deceased. Mn ,of dc
hin's't',o, with he will annexed oil John c. al
deceased William Chiidress in his own ,.,siAson,
surviving adininsirafer Of Obey Taylor s. aud
eho was administrator Of Abram Ts,lor deased,
John ~ Taylor, Christopher Ta,iot ~ essed,
a.ioi' executors aud exeeutrIx Of Skcron ~ 'aHy
aeeeasel, who was administrator Of AJ,,,n p 100,
deceased and OF Oley Taylor deceased !. nor,
% "'u siephen Ferguson, admin islfaIo,
fi efsuson, who was administrator Of Ab,,'p9rs OF
of, deceased, Francis q. HAYWOOD adn,ia lay
with the will annexed Of John Clarlsor iiiRuaior
Liueberry y. Liegon and Nelson G. s,1tsee'ed
hlnistrators with the wlannexed of Ihnas',n ad'
deceased, Nelson {. Glafkson. execulot Of o""'
Clafkson deceased, and Catherine Jonr, james
Carer, Charles Massie and Lucy Dodd ' a'aoce'
traitor aud administrators OF Joseph DodI dss''n's'
and The said Lucy in her right David rleo'
William Ciarkson, Philip Thulmond, ad,ea 'a'@son'
de bonls non with The will annexed of JLa e,
son, deceased, and IN his own rglu, Jamea -
Early, Lewis Turnbr, Peter C. TIa,Lsess
ID. Hart, aud Samuel Hale the prespn, ID ~
TOR with The will annexed Of John Carkson. de-
ed, IT, no,a', neeeas'
IL CHANcERY
/ his cause which removed hither f,o,, H..
GHeut superior Count Of Law and Chanc.,y 60.
"e own oil Lsnchbnfg, thus day came On Ia b
leafa upon the papers formerly read aud the -
OF special Commissioner James c. Anthoty n'hs
IN pursuance oflhe order Of 81 day OF Aupnst 1e9o
WIN exceptions thereto by the plaintiff and the diff
dant John ID, aud Christopher Taylor. and Sally
Iof'eHeculors aud cxeeutrx OF Shelton Taylor, de-.
ceased,ahd was argued by counsel: On consider,I,,
whereof, 1t appears to the Court that before lis 10,
mopai, tie Judge of that Count had delivered an,
llnion upon the exceptions pro aud con to spertl
COMMISSIONER Anthonys report, as well as upon the
merits oil the cause. as appears by endorsmen up
on inc papers, but which however, never entered
as decree, wherein he decided 10 sustain the 6,.
second, ihlrd, fout aud filth pons of he plar
MI, and to reject the claim for one thousand dall
and 10 su-taln the first exceptions Of the defend,n,
Christopher Taylor, one OF the executors of Skehon
Taylor deceased, for want of notice, provided ,n
thing were now demanded ol linn, otherwise po,,
sustain ms second exception, but with ihe proyso lh,,
the one hundred dollars tlreein mentioned sh,uld
be applied credit TO Anslem CIakson's bopd
Tor tile purchase oithe land; the ether tens are ans.
tanned aud should be allowed IN account cufrent. tho
thrd,Ii The suggestion contained were lrue,ana the
lounh and filth exceptions, as appears by The VIII
ten opinion OF the Judge upon the merits aud npon
the exceptions fled among the papers Of The can.c
M which opinions This court after ma ture coas,do
ration IN the main concurs, and which Opinions il
will now adopt as The basis of its decree and jo,h
IN pursuance tleeoC adjudge, fdcr aud decree ha,
the bill OF the plaintiff. to the claim of one tbou
sand dollars be dismissed, and that claim hereby "a.
JecteJ and dlsallowed, and doth further adiadgs
order and decree that the exceptions afolesaId nm
and con, be sustained and allowed, as they were ,u,
tanned and allowed in he opinion afoIes1l The ~,
suit oil which AS appears by statement, A. prepar,J
at the instance and IN pursuance OF the opinion
OF the 'urt, shelving balance due the plain
IN, oil the personal estate of five hundred and
sixty live dollars and seventy FIVE and half
cents, ana oil the land two hundred and sky
three dollars thirty three aud half cents and show
ing balance against the first executors of sixteen
hundred aud fly five doais and ffty-eighi and
hal cents, which is much more than sufficient to
satisfy The plalutil's balance Of the personal esa.
without holding them accountable al his time lorhr
balance turned over to Philip Thurmond, for which
balance OF The personal fund The court can perceive nlI
tie least objection to decree at this time against the
hrst executors or their representatives and then sure.
ties Jointly, aud for which balance oflhe land fund.-
no Objection Is perceived 10 decree against the first
executors or their representatives, Jointly, excud,.
tue securities; therefore, il adjadged ordered and
decfeed, that Francis e. tlarwood. out If hi, owa
estate and Patrick Xix. sheriff oil Franklin county,
ana as such administrator de bons non of the estate
OF Abfam Taylor, deceased, out of the assets Of his
inteslate in his hands, TO be admin stored and James
I. Early, William Chlldress, and Lewis TurhbnIL
the securities oil the said HAYWOOD and Tayloi 10
pay unto the plaintiff i've bundled and sixlyfrs
dollars and seventy five aud half cents with interest
thereon TO be computed at the rate Of six per cent.
per annum From the 3ls day of December isis, dli
PAID and his costs by HIM about his suit in tins behalf
expended. That the said Francis &. Ilara ood, and
falch INK sheriff OF the county OF Franklin aud
sueh administrator de bonls non OF The estate q A.
Dram lot deceased OUT the assets Of his mites
tate IN is hands to be nnlsered, pay to lie plaintiff
The sum OF two hundred and sixIy-tlrce dollars I'd
lhry three and half cents, with interest tbeltop
TO be compuleJ at the of six per cent. per
mum lom the 3lsl day OF December 1918, I'LL paid,
and as there sill remains balance of The personal
luna, Tor which the first executors may be liable 10
some one OF the lcgalees, aud as the assets passed
over to Ihurmond, consisted principally of no DIS
the legaees gwen for the purchases Of the land and
OF the personality from which it appears, thai some
have received more and some less than Their shares
OF both funds, and that entiled to the shass
OF others by transfers, &c. for he purpose of adjust
ing and settling the rights of The egatees SO as
10 give to each his share and and for the pur
pose oil adjusting nights and Liabilities between the
securities aud Their principals, orany succeeding ADV 4
mlnislalor and Tor The purpose oil shew my lhe@efI
ny oil lhurmond bale or any of their successors
for assets received othe than the egatee bonds which
remain uncoected, and for the purpose of offsellDg
hnselm Clalksons share Of the really and personal
~ against his land bond. AMI relieving against him for
he balance, or the present holder ollhe land fneed
be, aud practicable, and for Tie purpose of ascer'
tanning II on any principle Of equity, the plaintiffs
claim upon The land fund can be made chaseabs
upon the securities of the fist executors and NOT
whether any OF the Iegdees any other persons be
bound therefor other than those against whom II
Eefein before decreed, II is deemed expedieDt TO re-