Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1841-12-20

I XyIRGISIA.-At Circuit Superior Cour ofIaw
aud Ci,aneery continued and held for the town Of
I Lynchl,urg the Court house in said town. on Mon
day, the 3rd day Of June. 1889, sitting as Court Of
John Thompson, Jr PIN,
Charles Mckinney Thomas Mckinney and John
/ Mckinney. exers. Of William Mckinney. deceased.
Samuel Branch, Dunius A. Clay, Joel Mckinney, Wi
liam s Diugud, John Hughes, Lineas Dupny, David
Bridges and Martha his wife, Peter Mckinney and the
President, Directors Company Of the Bank Of the I'm
ted States Defls.
The defendant Iineas Dupuy, who is out of this coun
try, and against whom the plaintiff appears To have pro
cedcd prescribed by law still falling 10 appear and
file his answer; on the motion Of the plaintiff, by coun
SCI the Court doth take his bill for confessed as To the
said Llneas Dnpuy. The subpenas which issued In
tins cause, bearing date On the 23d day d December
1887 and the St day OF January, 1885, and which
appear TO have been duly executed upon the defendant
Charl,s Mckinney. Junus A. Clay, Joel Mckinney.
William 5. Diugnid, John Hughes, and Peter Mckin-
ney. and than four months having elapsed as well
the return days Of said subpGnas since the filing
Of the plaintiff 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 con-
sssed to the last mentioned defendants. Whereupon
the cause on to be heard upon the bill the answer
Of the President, Directors & Company Of the Bank Of
the United States the Of the defendants John
Mckinney, Of Thomas Mckinney, Of Samuel Branch
and OF David Bridges and Martha his wife, with rep
cations seyerally thereunto made by the plaintiff except
10 the ol the Bank Of the United States exhibits
the examinations Of Witnesses &was argued by counsel
On consideration whereof the Court being of opinion that
the fnddg Of the jury and the Judgment thereon. IN the
Federal Court, IN favor Of the ex'os Of William Nc
Kinney. their plea Of fully administered. precudes
and estops the plaintiff from claiming any thing except
for errors in calculation account Of the subjects
pretended and specified IN the executors account settled
and recorded before the date OF said Judgnent-and if
I VI uDts he arp
charged in the settled accounts Of John Mckinney.
of the executors Of William Mckinney, decd, as being
due IN the name Of William Mckinney & Co. might
rghully be paid by that executor out Of the assets Of
his estator and charged IN his said execuloa accounts
because the satisfactorily proven To have been
the proper individual debts Of William Mckinney, and
the plaintiff having failed by any sufficient evidence to
sustain his specific items of surcarge and Justification OF
the said executors settled accounts the Court doth de
eide that 1t competent for the plaintiff open
charge and lasy the said settled of the exec
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 to
permit the 10 be open. But the plaintiff having
night to account of the cXccuorla Transactions which
have happened subsequent to the former settlement, and
in relation 10 subjects not comprehended specified there
ln the Court doth aludge, order and Decree that the
said executors do render before of the commissioners
OF this Court further account Of their administration
the estate oil their eSato I'm which account shall be
stated their transactions subsequent the foregoing re
corded settlements. passed upon by the Federal Court
bringing down their SAID transactions the date oil the
account hereby ordered, in which may be ncl
dod any other assets Of the tcstator which has
the hands Of his executors at any time since his DEATH
and which not conprehcudod in the settled and
corded account Aforesaid. And as the plaintiff may be
interested In the equitable assets OF the said tesla
tor, his failure To obtain satisfaction Of his demand
othe legal assets, he may have account of the al
minisraton of the equitable also subsequent u
the account of that fund which had been settled and re
corded, before the bringing of this suit, and may be al
lowed to suchage and asily that account in any spe
cic item OF charge contained in his bill II correct any
apparent the face Of said account and if need be
to change its form and structure but always regarding
the will OF William Mckinney governing and control
ling the dlsp,stono OF the equitable assets wherefore the
Court doth further adud &c, order and decree that tho
executors OF YIN. Mckinney do render account be
fore the same commissioner OF the equitable assets which
have their hands be administered upon the prn
cples above stated. And the Plaintiff desiring il he
may have an account Of the mercantile transactions OF the
firms of William and Charles Mckinney of John Me
Kinney & Co. and of William Mckinney & CO. and OF
the remaining real estate Of which William Mckinney
died. selzed and possessed if any there be- embraced
by the former settled accounts, and to this end the said
executors directed to produce before the commission
who shall take the said accounts, the partnership book
OF the said several firms and also the sparate book or
books oi accounts If any, of the said William Alcknneys
And the Court doth further order that the same comls
soner do take account of the plaintiffs debt, and OF
the date when il conraccd also an account of the
advanccments ii any made to the defendants David
Bridges and wife, Robert Mckinney and Peter Mckn
ncy when made--ihc value when made-and the pre-
sent value thereof of any part thereof. and of the
OF the slaves if in the hands any of the de
cndanis alsoan account OF the yearly value ofany part
the said slaves, which may remain in the hands of any
the alleged volunteers those claiming under them tex
cepi Of such may be held by purchaser since the dealt
OF William Mckinney; and also, account of the value
OF the estate of said VIM Mckinney both real and per
sonal and the amount of debtsby him owing the dat,
OF said advancements And the said commissioner is d
reced TO examine state and settle the several account,
hereby ordered and make report thereof, with any
tiers specially stated, deemed pertinent by himself
qurcd by the parties To be stated And the plaintiff
has liberty to examine the defendants in solemn form OF
OATH on nerroeatores pertinent to the issues before tn,
commissioner, after due notice for that purpose.
Copy-Testo,
DAVID ROBES. Clerk
CoMMIssIoNER's OFFICE.
Lynchburg, Dec. 6. 1871.
The parties interested in the above order of reference
will take notice. that have selected Monday, the It'll
IA, OF January next TO the accounts above
ordered and they will please attend me at my Office
that day by the hour ofl0, A. NJ. prepared with then
vouchers and exhibits. enable To settle the said ae
counts. GEO. WIN. DABNE{ Com'r
Dee 6 WIN
a. &SlGAU. SlVunAI.