Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1841-12-13

VIRGINIA At Circuit Superior Court ofl.aw
and Chancory, continued and held for the town OF
Lynclburg, at the Court house in said town, Mon
day, the 'rd day Of June, 1889, sitting Court of
Chancery:
John Thompson, Jr. Pl'f.,
Charles Mckinney, Thomas Mckinney and John
Mckinney 'ors. Of William Mckinney. deceased,
Samuel Branch, Junius A. Clay, Joel Mckinney, vii
liam s. Dingnld John Hughes, lineas Dupuy, David
Bridges and Martha his wife, Peter Mckinney and the
President Directors s. Company Of the Bank OF the Uni
ted States, Dets.
The defendant Lncas Dupuy, who is out OF this coun
try, and against whom the plaintiff appears TO have pro
coded prescribed by law, still failing to appear aid
file his answer the motion of the plaintiff by coun
sell the Court doth take his bill for confessed to the
said Lineas Dupuy. The subpenas which issued in
this cause, bearing date the I'D day Of December,
1887 and the lst day Of January, 1888 and which
appear to have been duly executed upon the defendant
Charles Mckinney Junius A. Clay, Joel Mckinney,
William S Dmguid, John Hughes, and Peter Mckin-
ney and than four months having elapsed, well
since the return days Of said subp9nas since the filing
of the plaintiffs bill, and the said defendants still failing
appear and file their answers the motion of the
plaintiff by counsel, the Court doth take his bill for
esscd the last mentioned defendants Whcrcupon
the be heard upon the bill, the answer
of the President, Directors Company of the Bank oil
the United States, the answers OF the defendants John
Mckinney of Thomas Mckinney, Of Samuel Branch
and of David Bridges and Martha his wife, with repl-
cations severally theeuno made by the plaintiff except
the OF the Bank OF the nted States exhibits.
the examinations of witnesses, &was argued by counsel.
On consideration whereof the Court being OF opinion that
the fndidg of the jury and the judgment thereon, the
Federal Court, in favor of the exors. of William Nc
Kinney, their plea Of fully administered, precludes
and estops the plaintiff from claiming any thing except
for IN calculation on account OF the subjects
pretended and specified in the executors account settled
and recorded before the date of said Judmen-and if
this were So vet that the several debts which are
charged in the settled accounts of John Mckinney, one
of the of William Mckinney decd as being
due in the name of William Mckinney & Co., might
rghtiuy be paid by that executor of the assets Of
his tesaor and charged in his said executora accounts
because the same satisfactorily proven have been
the proper individual debts of William Mckinney and
the plaintiff having failed by any sufficient evidence
sustain his specific items of surcharge and Justification of
the said executors settled accounts, the Court doth de
eide that 1t is competent for the plaintiff open sur
charge and asty the said settled accounts of the
tor John Mckinney which had been settled and record
ed before the finding of the jury and Judgment of the
Federal Court aforesaid, and doth accordingly refuse
permit the same to be open. But the plaintiff having
right account of the cXecutoral transactions, which
have happened subsequent to the former settlement and
in relation 10 subjecsno comprehended specified there
I'M the Court doth adludgc order and decree. that the
said executors do render before of the commissioners
of this Court further account OF their administration
the estate OF their testaor (n which account shall be
stated their transactions subsequent the foregoing
corded settlements. passed upon by the Federal Court.)
bringing down their said transactions to the date of the
account hereby ordered, in which NAV be ncu-
ded any other assets of the testaor which has to
the hands of his executors at any time since his DEATH
and which not comprchcnded IN the settled and
corded account aforesaid And the plaintiff may be
interested in the equitable Of the said
tor on his failure obtain satisfaction OF his demand
ofthe legal assets he may have an account of the ad
minsraon of the equitable assets also, subsequent to
the account of that fund. which had been settled and
corded, before the bringing OF this suit, and may be al
lowed snrchage and alsily that in any spe-
cc item ocharge contained in his bill, correct any
apparent the face of said account and if need be-
to change its form and structure but always regarding
the will ofNNilliam Mckinney governing and control
ling the disposition OF the equitable assets wherefore the
Court doth further adudgc, order and decree that the
executors of VIM. Mckinney do render be
fore the commissioner OF the equitable assets which
have their hands be administered upon the rrn-
ciples above stated. And the Plaintiff desiring il, he
may have of the mercantile transactions of the
firms of William and Charles Mckinney of John Nc
Kinney & Go. and of William Mckinney & Co., and OF
the remaining real estate of which William Mckinney
died seized and possessed, If there be- not embraced
by the former settled accounts. and this end the said
executors directed to produce before the commission
er who shall take the said accounts. the partnership book
Of the SAID several firms. and also the separate book OF
books of accounts if any, OF the said William Mex inncy;
And the Court doth further order that the same commits
, sloner do take account of the PLAINTIFF debt and Of
the date when was contracted also of the
Announcements any made the defendants David
Bridges and wife. Robert Mckinney and Peter NIckin
ney when made-the value when madc-and the pre-
sent value thereof of part thereof and of the in
of the slaves, the hands of any of the de
endans asoan account of the yearly value any pa Of
the said slaves. which may remain in the hands of any OF
the alleged volunteers those claiming under them Tex
cept of such may be held by puchase) since the death
of William Mckinney; and also. account of the value
of the estate of said WIN. Mckinney both real and per
sona and the Of debts by him owing at the date
of said adyancemcns. And the said commissioner is di
reced examine. and settle the several accounts
hereby ordered and make report thereof with any mat
crs specially stated deemed pertinent by bmself or re
T. qured by the parties to be stated And the plaintiff
has liberty examine the defendants in solemn form on
OATH Undergraduates pertinent 10 the issues before the
commissioner. after due notice for that purpose
Copy-Tese.
DAVID ROBES, Clerk.
CoMMIssIoNER's OFFICE,
l.ynchburg, Dec. &. 1871.
The parties Interested in the above order of reference
will take notice, that have selected Monday the 18th
day OF January next to commence the accounts above
ordered and they will please attend me at my Office on
that day by the hour 10, A. NJ prepared with their
vouchers and exhibits 10 enable settle the said nc
p counts. GEO. NM DAR\FN Cum,r
: dec. win
pursuance of a decree pronounced by the Hustnus
Court Tor the Cooperation Of Lynchburg at the last
term, IN the of Baldwin rs Davidson and others tho
Undersigned the commissioner, appointed for the purpose
VIII on Thursday the 23d December next proceed up
on the premises, to sell the
Two Houses and LOTS.