Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1842-08-04

IA quested to call upon either OF the undersigned
(who alone the authorised a2rns.) and close Their
without delay they wish avoid costs as in
diligence cannot be given.
DAVID r. FDLEY,
DAVID +. SPENCE, ) i''S'ees'
July : WIN
NIRGINIA-Ata Circuit Suderor Cour, of Law
AMI Chancery continued aud held for the town OF
Iynchburg at the Court house in said town. on Mon.
day. the 3rd day of June, 1899, sitting Court q
CimncerY:
JOHN Thompson, Jr. Plpf,
Charles Mckinney. Thomas Mckinney and John
| Mckinney ex'ors Of William Kinney, deceased
Samuel Branch Juulus A. Clay, joel Mckinney, VII
liam S. Duguid John Hughes, I.neas Dnpuy, David
Bridges and Martha his wife, Peter Mckinney and tn,
President. Directors Company olthe Bank OF the Uni
ted States, Deis
The deen dant Iineas Dupuy. who is ont of this coun
try, and against whom the plaintiff appears have pro
ceeded as prescribed by law, still failing appear and
file his answer the motion of the Plaintiff by coun
sell the Court doth take his bill for confessed as 10 the
said Iincas Dupuy The subpnnas which issued in
this cause bearing date the 23d day of December
1887 and on the first day of January. lS}s and which
appear to have been duly executed upon the defendant
Charles Mckinney, Jnnius A. Clay, joel Mckinney.
William S. Dinguid John Hughes, and Peter Mex
ncy. and more than four months having elapsed as well
since the return days Of said snbponas since the filing
OF the plaintiffs bill, aud the said defendants still failing
10 appear and file their answers; the motion of the
plaintiff, BY counsel the court doth take his bill for con
fcssed the last mentioned defendants Whercupon
the 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 repl
cations seyerally hceuno made by the plaintiff except
10 the answer OF the Bank of the United States, exhibits
the examinations OF witnesses, argued by counsel
hoit If
the finding of the jury and the judgment thereon the
Federal Court in favor al the eX'urs OF William Me
Kinney, on their plea Of fully administered. precudes
and estops the palniltrom claiming any thing except
for in calculation of the subjects com
pretended and specified in the executors account settled
and recorded before the date of said indgment-and if
this not So yet that the several debts which are
charged IN the settled accC unts OF John Mckinney one
of the executors of William Mckinney. decd. as being
due in the name Of William Mckinney s CO., might
rghtius be paid by that executor out Of tho of
his tcStaor and charged III his said cXccutora accounts
because The satisfactorily proven have been
the proper individual debts oil w llam Meknncy, 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 II is not competent tor the plaintiff open
charge aud asy the said settled Of the
tor John Mckinney, which had been settled and record
ed before the finding If the Jury aud judgment of the
Federal Court aforesaid. and doth accordingly refuse to
permit the same to he oPen. But the plaintiff having
night To account Of the execuoria transactions, which
have happened subsequent 10 the former settlement and
in relation To subjects comprehended specified there
III, The Court doth adudgc. order and Decree that the
sad executors do reader before Of the commissioners
OF this Court further account of their administration
the estate OF their testator (n which account shall be
stated then Transactions subsequent 10 the foregoing
corded settlements, passed upon by the Federal Court
bringing down their said Transactions the date Of the
account hereby ordered i'll which account may he nclu
dri any other assets OF the testaor which have TO
the hands nt his Executors at any time since his death,
and which MOI comprehcndcd in the settled and
corded account aforesaid. And the plaintiff may be
come interested In the equitable assets oi the said tesla
tor on his failure to- obtain satisfaction OF his demand out
of the legal assets he may have an account of the ad
minlStraton of the equitable 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 10 surcharge and tasy that account in any spe-
ciic Item of charge contained in his bill to
apparent the face OF said account and if need be-
to change its form and structure. but always regarding
the ws Of WilliamM Kinney governing and control
ling the disposition OF the equitable assets wherefore the
Court doth further apudge, order and decree that the
executors OF VIM Mckinney co render account be
tore the same Of the equitable assets which
have come to their hands, to be administered upon the
principles above stated And the Plaintiff desiring it, he
may have account of the mercantile transactions of
the firms OF William and Charles Mckinney, Of John
Mckinney Co, and of William Mckinney & Co,
and OF the remaining real estate of which William Nc
Kinney died, seized and possessed if any there be-
embraced by the mer settled accounts and to this end
the said executors directed produce before the com
missioner who shall take the said accounts the partner
>hp books of the several firms and also the separate
b~k or buJks of accounts, if any. of the said William
Mckinney. AHd the Court doth further order that the
same commissioner DO take account of the plaintiff
debt and of the date when conracicd also an nc
count OF the advanccments. IT anv made. the de
teadanls David Bdd.es and wife. Robert Mckinney and
and the present value thereof. of any part there
/ OF, and Of the increase of the slaves, if now in
! the hands of any Of the Defendants also an az
conn of the yearly value of any part of the said
slaves which reuan in the hands of any Of tho al
legged volunteers those claiming under them Except
Of such as may be held by pnchase) since the death of
William Mckinney; and also, Of the value
of tn" estate of sad VIM. Mckinney both real and per-
sna and the amoant Of debts by him owing The date
OF said advancemns And the said commissioner is di-
rected 10 examine state and settle the several accounts
hereby ordered and make report thereof with any ma
tiers specially stated, deemed pertinent by himself
CURED by the parties to be stated And the plaintiff
has liberty examine the defendants in solemn form on
oath. nerrooatores pertinent the issues before the
commissioner, after due..noticc for that purpose.
ACopy-Testc.
DAVID ROBES, Clerk.
CoMMIssIoNERs OFFICE,
Lynchhurg. July Is. 1912.
The parties iEesested in the foregoing order of court