Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1841-12-27

VIRGINA Ala cifeai, sapsIpI t9a ,ho Law ",
and Chancery. continued and held i'f inc Nv y, u
Lync,barg the Court house IN SAID Town, on MN
dav the Bird day of June, $50. sitting as 'ouu Oh
oh Iiha rhomuon Jr PIN.
Charlie, Mckinney, Thomas Mckinney and John
Mckinney ex'ors. Of William Mckinney, dcceas.d, ,
Samuel Branch ,Junus \. Clay, Joel Mckinney, W IL
liam S Dmguld. John Hughes, Lineas Dupuy, DAVID
Bridges and Martha his WIFE, Peter Mckinney and the
President Directors S. Company Of the Bank oi the I'M
,al s,.,o Doils.
The defendant Iincas Dupuy, who is out of this coun
try and against whom the plaintiff appears 10 nave pro
ceed as prescribed by law still falling To appear anu
file his answer; the motion Of the plahut, by coa
SCI the Court doth take his bill for confessed as to the
said Lincas Dupuy. The subpGnas which issued IN
this cause hearing date the 2}d day OF December.
1887 and the Isl day Of January, 1889, and which
appear Ia have been duly executed upon the defendant
Charles Mckinney Junus 4. Clay. joel Mckinney,
William :. Dluguld. John Hughes and Peter Mckin-
ncy and than four mo-. hs having elapsed as well
since the return DAYS OF said sbp9nas As since The g
OF the plaintiffs bill and the said defendants still falling
appear and file their answcos; on the motion OF The
plaintiff by counsel e Court doth take his bill Tor con-
ssed as 10 the last mentioned defendants. Nhereuppn
the 10 be heard upon the bill the answer
of The President, Directors & Company of the Bank OF
the nicd States, the OF the defendants John
Mckinney, Of Thomas Mckinney, Of Samuel Branch
and Of David Bridges and Martha his wife, with rep-
cations sevtras trreunto made by the plaintiff, except
the answer + the Bank of the United States exhibits,
the examinations OF witnesses, &was argued by counsel
On consideration whereof the Court being otopnion that
the nddg OF the ury and the judgment thereon, IN the
Federal Court. in favor ol the eN'ors. OF William Me
Kinney on their plea of fully administered, prccludes
and estops the pain,itrom claiming any thing except
for errors in calculation account OF the subjects cum
pretended aud specified IN the executors account settled
and recorded before the date Of said Iudgnen-and II
this were 50, yet that the several debts which are
charged in the settled accounts of John Mckinney one
of the executors of William Mckinney decd as being
due in the name of William Mex ncy & Co, might
rghully be paid by that executor out Oh the assets o
his esato, and charged III his said execuoria accounts
because the satisfactorily proven to have been
the proper Individual debts Of William Mckinney and
the plaintiff having failed by any sufficient evidence 10
sustain his specific items OF surcharge and Justification Of
the said executor settled accounts, the Court doth de
eide that it is not competent for the plaintiff to open
charge and sify the said settled accounts Of the
tor John Mex nney, 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 same to be open But the plaintiff having
right Of the eXccutoral transactions, which
have happened subsequent to the former settlement anl
in relation subectsn comprchened specified there
ln the Court doth adudge order and decree, that the
said do render before of the commissioners
of this Court further account OF their administration on
the estate of their tcstaor, Gin which account shall be
stated their transactions subsequent to the foregoing
corded settlements passed upon by the Federal Court
bringing down their said transactions to the date OF the
hereby ordered, which account may be lncu
ded any other assets OF the esator which has come to
the hands Of his executors, at any time since his death
and which were not comprehcnded in the settled and re
corded account aforesaid. And us the plaintiff mly be
Interested in the equitable assets OF the said tesla
tor on his failure obtain satisfaction of Ms demand out
othe legal assets. he may have an account oil the adj
mnsraon of the equitable assets also subsequent It
the of that fund, which had been settled and re
corded before the bringing of this suit and may be al
lowed to s,rcharge and isy that account in any spe
cfc item ofcargc contained in his bill, to correct an,
apparent the face OF said account and II need be
to change form and structure, but always regarding
the will of William Mckinney governing and control
linz the sp of the equitable assets wherefore hl
Court doth further adudge, order and decree that tn,
executors of VIM Mckinney do render account be
fore the same commissioner OF the equitable assets which
have their hands To be administered upon the prn
cpcs above stated. And the Plaintiff desiring ii, h
may have account of the mercantile transactions of tn,
firms of William and Charles Mckinney, OF John Nc
Kinney & Co and of William Mckinney & Co., and o
the remaining real estate OF which William Mex nnel
died seized and possessed if any there be- not embraced
by the former settled accounts and To this end the saC
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
books of accounts if any. of the said William Mckinney
And the Court doth further order that the
siocr do take account of the plaintiffs debt, and o
the date when it contaced also account of tn
advanermonts any made 10 the defendants Dav
Bridges and wife, Robert Mckinney and Peter Mckn
ney when made--the value when made-and the pre-
sent value thereof of any part thereof. and of the in
crease of the slaves now in the hands of any of the de
fendants asoan of the yearly value oiany part
the said slaves which may remain in the hands of any
the alleged volunteers those claiming under them Tex
cep Of such may be held by purchase since the dealt
of William Mckinney; and also, account OF the yalu
of the estate of said VIM Mckinney both real and per
s0nal and the amount OF debts by him owing at the dat
OF said adv ancements. And the said commissioner d
rected To examine and settle the several
hereby ordered and make report thereof with any mat
tiers specially stated. deemed pertinent by bmself
CURED by the parties to be stated. And the paint
has liberty to examine the defendants in solemn form o
OATH on ntcrroqaores pertinent to the issues before tn
commissioner after due notice for that purpose.
Copy-Teste.
DAVID ROBES. Clerk.
CoMMssloNER's OFFICE.
Lynchburg, Dec. e. lS4l.
The parties interested in the above order of reference
will take notice that ] have selected Monday the 1T
day of January next. the accounts abov
ordered and they will please attend my Office o
that day. by the hour oflo. A. NJ. prepared with the
vouchers and exhibits enable settle the said ae
u counts. GEO. W NJ. DABNEN Conn
r Dec 8 WIN
a BOOK BuNDKY.
HNllE subscriber having obtained first rate BIND
4 Err from the North. would inform his friends an