Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1840-04-23
= Wcct Potatoes.

4 + Ciicon Superior Court OF Law and Cha
IA Gerry, continued and held for the Town uf
Lynchburg, at The Courthouse in said town. on
Thursday the 9th day OF June, 1885, slit ng rs a
court Of Chancen:
William Staples and Sarah +. his wife and VI al.
ison &. Porter, infant urder the age of twenty on
years, by John Hughes his next friends, Paiut,iIs
against
Samuel Davidson. Thomas Dixon. aSherif Of
Campbell, and as such administrator de boni. non OF
jeremiah lngr'r. decd. Robertson Cheaiham.
Lewis Campbell, Samuel Dickey, Heritage Hover
ton aud Elizabeth his wife, in their own rights and
the siid Heritage l1oweroo administrator de bo-
mis- non with the will annexed of Samuel Porter,
decd. Nancy Ingram. Legrand Porter and Sc
phen Bradley, Dtlrndanis
On the motion ofthe plaintiffs, and it .ppc arine TO
the court that Sarah +. Staples The wife of the
Plaintiff William Staples, and The Defcndan, Lee
grand Potter have departed this life il is ordered
that the facts be sug esied 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: aud
Madison Z, Porter, having qualified The ad
mnlstrator of The said Legrand Porter, tho courl
doth order that this cause be proceeded in in fu-
ture in his such and IT also appearing 10 the
court, that the Plaintiff Madison G. Porter hath al
tanned the aye OF twenty years, is ordered than
the fact be the same is hereby suggested OF
And ikcfeupon, this cause cane this iay again
TO he heard, ON the papers formerly read. and the
poft OF commissioner WIitt. male pursuance Iof
the decrelal order OF the eth day of January, 1896
wnh suniry exceptions thereto by the Defendants
and was argued by counsel: usIderation he
o. tie court, beng OF opinion that the decree and
order made IN this cause the 27b day OF Jauu nv
1886, under which the Commissioner hath acted 10
making the report before the court. ous lit 10 he
reformed, do b therefore set aside much Of The
sad decree and order conflicts with what fol-
loweih doth order that the accounts Of the Exec
ulors respectively. which we're setlled by Comnis-
sioners appointed for thar purpose. and which were
reported TO the county court ot Campbell approved
and therein ordered 10 be recorded before the ms
tuition of this suit be regarded prima face right;
aud the Commissioner OF tins court is directed to
make them the basis of his several accounts, order ed
by the decree OF the 27h day ofJanuary, 1886 alote
sald subject, however 10 be cted for errors in
calculation, ioi errors apparent on the face Of The
account. and IN the form and structure thereof and
also 10 be oharged and laslfed by such proper aud
sufficient process as the parties Interested may ex-
hibt AID the court doth further order that the
several accounts which directed be TAX en- by
the decree aforesaid, with view To dis, rmnate be-
tween the several legalees aud to shew what potion
Of the expenses. goods, wares and mcrchand char
ged against the estate generally after The first oil Jan
uary, 1873 was H. fact appropriated 10 the searate
use OF each legaee, be yet taken, Il means sufficient
he exhibited by any parry interested, 10 enable The
Commissioner to take such accounts. and Ia default
thereof. that then The amount charged be debit.
to each i"gatee, in the same proportion th,t such
legatee is credited BY the and profits Of the es-
tate for the same period. the court being of opinion
that IL is more equitable that they who received the
goods aud used them in common, should be de bit.d
10 common, unless some party interested shew the
means and reason Tor rightiul Discrimination, than
that the Executor furnishing the goods should be
compelled To lose their value. In charging the Ex-
rcutors with the value Of ,he rents, aud hires and
crops. made any IN particular year, such charge
should be as OF the succeeding year. when sue valn-
sbo he nt,ts thetp If,
ceIpts oi the present year. Wherefore The cout doth
recommlt the report 10 the commissioner who made
IT, with directions TO rrsiate and reform il 10 tonfnr-
NIFTY with the principles he eu before laid down. aud
report The same tn. the court with any matters spe-
ciAlly stated thought pertinent by himself or rcquir-
ed by the parties 10 be so stated.
ACspy-Teste.
DAVID ROBES. OK