Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1840-02-06

wednesday. the 18th day OF September, 1879 +:
Henry Dunihgtop, Sergeant Of the corporation OF
L,nchbufg aud such administrator OF Henry Bal
lenger, deceased anl Of Polly BseDger. deceased,
Plaintiff,
against
Elizabeth Taylor in her own right & as the former
Administrative OF Abrdm Taylor Paiiek fiix Sheriff
OF Franklin County and as such administrator de
5onis non Of Abfam Taylor, deceased. who was adj
ninlsrator with the will annexed OF John Clakson,
deceased William Childress in his right and
surviving administrator of Obey Taylor, deceased,
who was administrator Of Abram Taylor. deceased,
John ID. Taylor, Christopher Taylor, aud Sally
Taylor, executors and exee1trx of Shelton Taylor,
deceased who was administrator of Abfam Taylor,
deceased, and OF Obey Taylor, deceased, Henry
Childress aud Stephen Fergusoa administrators OF
III Ferguson, who was administrator OF Abram Tay-
or deceased, Francis g. HAYWOOD, administrator
with the will annexed Of John GARRISON, deceased
Llneberry N. Logon and Nelson G. Clarkson. ad.
illustrators with the will annexed Of Thomas Jones
deceased, Nelson &. Clarkson, executor OF james
Clafkson deceased, aud Catherine Jones, Frances
Carer, Charles Massie, and Lucy Dodd admins
traitor aud ADMINISTRATIVE of Joseph Dodd, deceased
and The said Lucy 10 her ight, David CLARK SON.
William Clarkson, Philip Thurmond, administrator
de bonis non with The will annexed of John Clark
son, deceased, aud in his own right, james G..
Early, Lewis TurnbriIl Peter G. Clarksop, } ohm
ID. Han, aud Samuel Hale, the present sdninisua
tor with the viii annexed oil JOHN Clarkson, deceas
ed, Defendants.
IS CHANcERY.
ms cause which was removed hhher from the
Circuit Superior Court Of Law AID Chancery for
The town OF Lynchburg This day came On 10 be
heard uprn the papers formerly read and the report
oil special Commissioner, James &. Anthony, made
IN pursuance OF the order OF day of August, 1888
with exceptions thereto by the plauiin aud the fen
dani John ID. aud Christupl er fayar and Sally TAy-
IofeHecutors and executrix of Shelton Taylor, de-
ceased aud was argued BY counsel: On consideration
uIH IL.
mosal, the Judge OF that Cuut had delivered an o.
pinon upon the exceptions pro AID con TO special
Commissioned Anthony's report. we'll rs upon the
merits OF the cause, appears by endorsement up
on The papets, but winch however never entered
as decree wherein he decided sustain the first,
second, third, ouith and th exceptions of the pain.
TIFF and to reject tie claim for thousand dollars
and . sustain the first exceptions OF the defendant
Chfstop her Taylor Que oil the executors OF Shelton
Taylor, deceased, for want oil uollce, provided any
thing were now demanded # him, othefN Use not to
sustain his second exception, but with the provso that
the one huhdfeu dollars threein mentioned should
be applied us credit to Ahslem Cimkson's bond
lor the purchase ollhe land, the ether TENS
aueG ana should be allowed IN account rent; the
lind, The suggestion Il contained true, and the
iouuh and hith EXCEPTIONS rs appears by the writ
ten opinion OF the Judge upon the merits and upon
the exceptions flied among the papers Of the cause,
III which opIulous this court after insure conside-
ration IN the mann concufs, and which opinions II
will now adopt The basis of its decree, and doth
IN pursuance thereof, adadge ofder and decree, that
the bill oil The plaintiff 10 the claim OF one thou
sand dollars be dismissed, and that clam hereby re-
Jecte1 anil disallowed and doth further adjudge,
order and decree that The exceptions aforesaid pro
and coD, be sustained and allowed they were
tanned and allowed IN the opinion aforesaid, the re-
suit OF which as appears by statement A, prepared
at the instance and in pursuance OF the opinion
OF the court, shelving Il balance due the plain
TIL OF the personal estate Of five hundred and
sixty I'VE dollars and seyenty-ti five and hall
cents, and of the Land two bundled aud sky
three dollars thfly three AID half cents and show
ing balance against the first executors, OF sixteen
hundred and NY five dollms and fifty -eight and
hali cents, winch Is much more than sufficient to
satisfy the pranil's balance OF the personal estate,
without holding them accountable his lime for the
balance turned over TO Philip 1hurmond, for which
balance OF the personal fund the perceive
the least objection to decree at this time against the
INST executors or Their representatives and then
ties Jointly, aud tor which balance of the land fund
no objection Is perceived To decree against the first
execute sor their representatives jointly, excluding
the securities; therefore, adjndged, ordered and
decfeed, that Francis q. HAYWOOD, out OF his own
estate and Patrick liix sheriff Of franklin county
and as such administrator dc bons OF the estate
OF Abtam Taylor, deceased, Out of the OF his
niesaie IN his hands, to be administered, and james
{. Early William CAidress, and Lewis Turnbrlll
the securities oil the sud HAYWOOD aud Taylor, do
pay unto the plaintiff i've hundred and sixty five
dollars and seVenly five and half cents with interest
thereon, to be computed at the of SIX per nj.
per annum from the 3lst day OF December, 1878, till
paid, and his By him about his suit IN this ehalf
expended. That the said Francis q. IIarw God, and
Patfck Xix sheriffoi the county Of Franklin and
such administrator de bonis OF the estate of A
BRAN Taylor deceased out OF the OF his mites
tate IN his hands TO be administered the plaintiff
The sum Of two hundred and sixty three dollars aud
thirty three and half cents with interest thereon,
TO be computed al the Of six per cent. per an
num f ON the 3lsl day OF December, 1918 till paid
and as there still remains balance OF he personal
iund ior which the FIRST executors may be liable 10
some one of the lcgaees, and as the assets passed
over TO Thurmond, consisted principally of bonds Of
the legatees gwen for the purchases of the land and
OF the personally from which II appears, that some
have received more and some less Than their shares
of both funds, and that some are entitled the shares
OF others by transfers, &c for The purpose of adjust
ing and settling the rights of the legmees, so as
10 give TO each his share and more and Tor the pur
pose oil adjusting rights nd iabiies between the
securities and their principals, any succeeding ad-
mlhstaof, and for the purpose OF shelving the liab-
NY oil lhurmond hale or any OF their successors
Tor assets received Other than the legatee bonds which
remain nncoeced, aud for the purpose of oifse,ting
Anselm Ciarkson's share of the realty and personal
" against his land bond. and relieving against him for
lhe balance, or the present holder the nd ifneed
DE, ana practicable, and for the purpose of ascer-
tanning II on any principle of equity, the plaintiffs
cram upon the land fund can be made chaieeabla
upon the securities of the fist executors and if not
whether any OF the leg.ees any other persons be
hound therefor other than those against whom it is
Eefe before decreed, it is deemed expedeut to re-
Ter 1t to commissioner Tinsey, to take an account
winch snail be responsive 10 those enuuirles Where