Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1840-04-09

4 I n Circuit Superio, Court of Law ard Chan
" eety, continued aud held 10, tho town OF
Lynehburg, NJ the Courthouse ~ sand 10, on
thursday. the 9Th Day ol june 1859. sitting rs u
Count oi Chauorry
William Staples aud Sarah +. his wife, and Mad
son {. Porter, M infant under the age of wcot, oue
Years, b, john llaghsls next friend, PNhntif+
against
Samuel Davidson, Thomas Dixon, S,etin of
Campbell. aud IS sueh adnnlsrnlot de bon,s nan OF
Je,emiah Ingram, deed, Robertson Chtathan,,
Lewis Campbell, Samuel Dlehcy ilcriia 90 Hover.
ton aud Ellz beth his vile. IN their ,iehis, Il
the SAID llertage Iowerlon adm,u,strao OF de DO
MS non with the will annexed of Samuel poucr,
ae.'d., Nancy Ingram, Lestard Porter and Sc.
PHI Bradley, Defendants,
Ga The motion of the Plaintiffs, aud II appearing Ia
the court thu, Sarah +. Staples, ,lc wife OF the
Plaintiff Wllhlm Staples, aud The tenlant Lee
grand Potter have departed this life, II Is ordered,
ihai The facts be sug .esied Of record. aud the
sdi William Staples having qualified "a the
administrator OF his wife, II uidcrc1. that this
suit be Proceeded in in his nauc rs such; and
Madison G. Potter, having qual,ded The adj
nnisitator OF the sud Legrand Porter, the court
doth order that this eaosc be proceeded IN ia ia
ture IN his name sueh and II also appearing Ia The
court. that The PAINFUL Madison &, Porter, hath At
taned the ase oilweoy.on years |, Is ordered that
the fact be the same Is hereby suggested OF record
And ,teieppon, this cause rane on tins day Rg iin
10 be heard, the papets formerly read. and the
pon OF Commissioner Watt made 10 pursuance %,
the dccretal order olthe 27h day of January, 1886
with snndr, exceptions Thereto by The Defend hts
and was argued BY counsel on cous deration where
oi, the eoar, beng OF opinion that the decree and
order made III this cause the 27lh day Of Janu1ry
1886, under winch the Commissioner bath acted ii
making the repo,i beio,e the court, ought 10 hc
returned, do Il therefore set nsrIe much Of tle
SAID decree aud otder conflicts with what fol-
loweih doth Ter that the accounts of the Exec.
uors respectively. nhi,h were scttl,d by Commls
sioners appointed for thar purpose, and which were
reported 10 the county court OF Campbell, approved
aud therein ordered 10 be recorded before tho nsi
tuition ofihls suit, be regarded US ,rimd fcc right
aud the Commissioner OF tins cuur Is directed ID
mike them The basis Of his stvcr accom- oldeIr,
=, III decree OF The eth day oJdnuaty, 1886 alofe
SAID; sub eci, how to be corrected for errors il
calculation, ioi efros apparent on the face OF The
account, aud ~ the torm aud structure theteo aud
also be sn,eharged aud alsied 10y such proper aud
sufficient process the parties increased may cx-
hiblt. AID the court doth further oder that the
several accounts which were directed 10 be taken by
lie decree aforesaid, with view to discriminate be-
tween the several lsgaees, aud to shcw what portion
ol the expenses goods, wares aud mCchnhd ~, chat
ged aea,ost the estate generally at the hrt ol jan
na,, 1918, VAS / fact appropriated 10 the SCI arate
each legalee, be- ye, taken, Il means sufi lent
be exhibited by any patty interested, TO enable the
! Commissioner To take such accounts, aud IN dciaul
thereof. thai then til. amount charged be debirt
/ 10 each leeatee, III The same proportion TINT sucl
legaee IS credncdb, the rents and Irofs Of the es
tate for The same period, the count being oi optniou
that is more equitable hu they who received the
goods aud us, them IN common, should be ebucd
| in conn nalrss some patty interested shew lht
IN aud Tor fightful discrimu a ion, than
/ that the Executor furnishing the goods should be
compel ed 10 lose then value. In charging the Ex
rentors 18th the value ii HE rents, aud hires, and
crops. made any III particular year, such char.e
should be iile succeeding year, when such value
should be- realized unless there bs proof OF actual
cerps OF the ptcseni yet. Wherefore Il count Goth
fecomm, The iepou the COMMISSIONED who made
H. with directions 10 reshie and reform II 10 tonfr
NIFTY with the principles herein before LAID down, an,
report The same To the court with any matters spe
c,ay stated thought pertinent by himself requir
ed by the parties 10 be so stated.
a Cepy-lese.