Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1842-10-24

fHioelh d. 1abell, haf9le5i y. labell aud Alexander
Ca5ell, Plaintiffs.
Frederick Cabe. surviving executor Of the last will
aud testament Of John cabel deed aud in his own
right, Samuel Bansi9rd late Sergeant Of the Corpora
ton OF Iynciburg and such administrator dc boais
nm with the will annexed vi George CabeIl, dec :
Samuel Cabel, William Daniel. Judge of the Gen
crll Court Of Nirgiha. and Paulina J.. lis wife
formerly Paana J. Cabell William Walton one ol
the securities OF John J. Cabell, deceased in his
official bond, as guardian Of the Plaintiffs whilst IN
anl5; W llliam Chick, oil the securities Of the said
John J. Cabell deed in his official bond as one Of the
executors Of John Cabell, dee and Thomas Il, Friend
executor Of John j. Cabe, decd Del, ndan,s
IN CnhNcERY.
his cause came on This day 10 be heard upon the
papers formerly read and argued by COUNSEL on
consideration whereof the Court Of opinion and doth
decide:
lst. That of the defendants in this cause,
William Daniel. Is Judge of the General Court and all
the rest (except Friend who resides in the county Of
kanawha) reside in Buckingham aud Campbell G ut-
ties, in which the said Daniel presides as judge was
competent fer the Plaintiffs, lin truth they were not
absolutely bound. 10 commence their suit in county
out OF the judicial circuit OF the said Daniel; and that
the county OF Amherst, Which has been selected il not
only adjacent to the circuit of the )udge and the coun
y his residence, bat from lis locality, must be most
convenient 10 him AMI 10 the principal defendants nay
all the defendants but one, trend) and TO him the
court is not satisfied that Amherst not more conve
nlct than Kanawha aud that therefore the Defendant
objection or plea 10 the jurisdiction he overruled.
2nd. That The pendency and proceedings in the suit
IN the county court Of Buckingham. in which no final
decree had been rendered, which, in the opinion OF this
court is irregular, informal and erroneas as far as il
has progressed, and amere nuly To the plaintiffs,
presents no bar or lnpednent to the prosecution Of this
suit
Sd. That under the will of their father, they were
cn'ul ID 10 the means Of support maintenance, equip
n" aud educaioh III the following manner: LIST, out OF
TIE rents Of the lands devised them specifically if not
sufficient the deficiency be supplied out OF The rents
aud pr fits of the lands and sla of esaior before sale
and # these two insufficient, then out OF the CAPT
tai or proceeds of sale; and that, at the division the
pm's, after accounting for their deylsos aud Daniel
and wife for el20b, entitled an eqnal share
each. eighth part 81 the proceeds Of sale and bal
aorc Of rents. profits &c, l,t after layment Of debts
and supp ring, e1nipp:ng and educating the Plaintiffs
provided by the Will.
lth II the Plaintiffs have mol been supported. equip
Pd a0 educated III the manner provided IN the will and
that tbs failure resulted from no misconduct or mental
nal detects the pa ol the plaintiffs, but from the
ur@c oi the executor guardian whether that nc9 ec
proceeded from mistake CT lnadyertrnce from design
that the Plaintiffs entitled relres5 the shape Of
compensation in money tor the difference between what
WAS AMI what oa9ht to have been expended
Aod 9Th. The Plaintiffs ought h have oppor unity
Of surcharging and alsiiylag before commissioner
OF court the account and settlements referred to in
the Bill and answer, 10 the extent of The speciisal in
hcr bill aad To theeNtcn Of errors apparent upon their
face their form aud structure aud 10 the extent Of
amy alteration reformation made necessary by the
plnon # the court beI1fe expressed. Nhefelore the
court doth order that the defendant Fredrr!cl Cabe,
render before OF the commissioners Of this court
account of his administration Of the estate Of his esator
john Cabe dee d. both real and personal; that the de
jnlqnt Thomas r. Friend, administrator Of John j.
Cahcl decd render before the same comm ssoncf
OF his ntestae's Administrations o the estate,
IE"" his lneStates account as guardian Of the plain
ud a1d an account Of his administration ol the e.t ite
Of his atesatc. the said uiin j. Gabe decd; which
Arr un, the sad commissioner IS directed 10 examine,
atr aud settle, and maize report II the court. with any
matter, specially stated deemed pertinent by himself
required hy the parties to be 50 stated.
And at Circuit Sup rior Court Of Lax and Chance
ry continued by adjournment and held for the county +
Amherst the court house, Monday the 9th day Of
September. 1872:
Alfred T. billiard aud Elizabeth B. his wife. formerly
Elizabeth b. Cabel Napoleon b. Cabcll and Alexander
CaLr, Plaintiffs,
Frederick " Cabell and Clifford Cabe, executors oi
Frederick Cabe deed, who was sued executor OF
John Cabe decd. and in his own right John b. Cabell
administrator dc b61tis with the will annexed OF
GEORGE Cahcil decd; Samuel Calcll, " liam Dan
icl. and Mayo Cabc, executors Of William Dantl.
decd: Frederick NJ. Cabe administrator OF PauIina
j. Dmio decd; William Walton, Of the securl-
IT, Of Jha J. Cabe, deed. in his clal bond guar
If the Plaintiffs whilst infants; W llllam Nhlck, one
I'll t, securities of the said John j. Cahell deed his
oil aI bond of the executors of John Cabell deed.
nd Thomas Il Friend, executor OF John j. Cabel deed.
Defendants,
TX Cu,NcERy.
The court doth order that the Defendants Frederick
W. Cahe aud Ciiflorl Ca5cll. executors OF Frederick
Cal. dec d. do render before OF the commissioners
dhs court an account OF their testaor's adninis,ra-
un Of the estate of John Cab' dec, in like
the sud Frederick Cabe i'll his lifetime directed to
do by he order OF the Sth day Of September 1885, and
Ac ,ld Frederick NJ. Cabell and Clifford Cabe are di
rrcrrd render before the commissioner ac
Frederick Cabcll deed; which accounts the said com
missioner is directed 10 examine, state aud settle, and
maize report thereof 10 the court. together with the
September. ls}S, with any matters specially stated,
! - be 50 stated. Cupes-leste.
ROBERT TlNSLEf, elk.
| CoMMISsioNER's OFFICE,
amherst Court House, October 18th, 1912. :
! The parties will take notice that | have apIo ntcd
Monday. the 9th day OF December next, commence
the in the foregoing order directed, which
DAY, the hour of 10 O'clock A. NJ. they requested
to attend at office, with their accounts, vouchers and
copies Of court papers, prepared Tor examination and set
Element. ROBBERY IlNSlEA, Com.
! Oct. 10 wiw
T Court held Tor IIaliflx county, the Courthouse
n thereof, Monday, the I'D davzoi August, 1872:
Amislead Owen, Jesse Haley and Tempe his wife, John
Elcs and Frances his Wur, Haley Shaw aud Caroline