Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1840-04-16

a / a Circuit Superior Court of Law ard ch,-
eefy, eonlinued and held for The ,oun
Lynchburg, at the Courthouse in said inv .
= thursday. the 9th day OF June, 1889, sitting =
Court OF Chancery: ~"
William Staples aud Sarah F. his uire. and II,
'son y :. Porter, an infant under the age of tsen,,a"
years. oy john Hughes his next friend, Plsin,fe.
against
Samuel Davidson. Thomas Dixon. Shs,;o
I"h'poei. and as such administrator de bon,s no,or
Jeremiah, Ingram. decd, Robertson Cbeaibaa'
Lewis Campbell. Samuel Dickey, Heritage How."'
ton and Elizabeth his wife. in their own r,rb,. CT
me sa'd Heritage Howerton as admin,strato, A. -
os non with The will annexed OF Samuel Pan,
dee d.. Nancy Ingram, Legrand Porter and So
pr" n'""'es, Defendants.
The c"nr, that Sarah +. Staples, the wife oa !"
Plaintiff William Staples. aud the De(enI,,, +"
grand Porter have departed this life, il is o,d..at
mat the fdcts be sug ses,ed Of record. and ~
sad William Staples, having qualified "a ,e
administrator oil his wife, IL is ordered, tina, ,h;.
suit be proceeded in in his name rs snch. ."s
Madison c. Porter, having qualified as N. =" !"
nilnistrator Of the said Legtand Porter. IN. -
hoih order that this cause be proceeded in IN ~
ture IN his name as such; aud it also appearinp ! ~.
court. that the Plaintiff Madison {. Por,e,. h,h'.
tanned the aye oftwenuy-oDe years, il is ordered ,ha,
'h- Tact he " the same Is hereby suggested of rrr,,J
And ifereupop, this cause came on tins day .p,,n
TO be heard, on the papers formerly read, ard ,br r,
port oil Commissioner What. made IN pursuanc. Of
the decreial order of The 9th day of January. le3G
WIN sundry exceptions thereto by the D.ieudar ~
aud was argued by counsel on consideration wher..y
o. tue conri, beng Of opiuion that The decree and
ofhrr made IN this cause on the 9th day ofJanuary
1886, under which The Commissioner hath acted IN
making the r'port now before the court, ought 10 br
returned DOH therefore set aside so much of tho
sad decree and order as conflicts with villa, fol.
'o"eih doth order that the accounts of lhe~Esec.
u'ors respectively, which were settled by Comnis.
sioners appointed for thar purpose, and which were
reported to the county court of Campbell. amroyed
and therein ordered TO be recorded before the lnsti-
tutlon OF This sun, be regarded as prima facie right:
aud the Commissioner Of this court is directed to-
make them the basis of his several accounts. ordered
by me decree OF the 9Th day ofJanuary, 1886 aiore.
sald; subject, however, To be corrected for erorsi in
calculations, TO, erro,s apparent on The face OF III.
account. and in The form aud structure thereof, and
also 10 be suiCharged and falslfed by such proper and
su0'cieni process as the parties interested may ex.
hibr. And the court doth further oder thai Ihc
several accounts which were directed TO be taken by
the decree aforesaid, with a view to dis. rimina,s be-.
tween the several legalees, aud TO shew what portion
OF the expenses, goods, wares and merchaud re, char.
ged against the estate generally after The first of an.
uar!, 1918, was IN fact appropriated 10 the separate
use Of each legatee, be yet taken, il means suficien,
be exhibited by any parry interested, 10 enable Tho
Commissioner to take such accounts, aud in default
thereof, that then the amount so charged be debi,ed
TO each lcgatee. in The same proportion that such
legatee is credited by the rents and profits oflhe es.
tate for the same period, the court being of opinion
that II is more equitable that they who received tho
goods and used them in common, should be d.bi,ed
IN common, unless some party interested shew tho
means and reason for rightiul discrimination, than
that the Executor furnishing the goods should DO
compelled to lose their value. In charging the Ex.
ecutors with the value Of the rents, aud hires, and
crops. made any 10 particular year, such charge
should be as Of the succeeding year, when such value
should be realized, unless there be proof of actual re.
ceipts Of the present year. Wherefore he count doth
reconimit the report 10 the commissioner who made
IL. with directions TO restate and reform il in toulpr-
NIFTY with the principles herein before LAID down, aud
ci'lly stated thought pertinent by himself or requir-
ed by the parties 10 be so stated.
A Cepy-Tes,e,
DAVID ROBES, cK.
CoMMIssIoSER's OFFICE,
Lynchbufg. April LIST, 1910.
The parties interested will take notice that shall,
on the 9th OF May next, proceed TO take the account
directed by the foregoing order Of court, on which
day, at the hour Of 10 O'Clock in The morning, they
are required to attend at my Office in this town, with
their accounts, vouchers a I'd proofs, aud "A copy Of
the count papers, prepared for examination and sell
Element. S. |. WATT, Conir.
April Q Win
A II a Court held for Bedford County, the 2ah
IA day Of January, 1888:
IacharIah Norman and Henrietta his wife, las
Henrietta Lambert, Erasmus NOEL and CatharD,
his wife, late Calharne Lambert, plaintiffs,