Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1842-10-17

| \ ! ifrhh >ApFfiui luBri ri ! ny and Ih4ncorg
~ continued by adjournment and held fr til, count,
o Amherst a the court Louso on Saturday til. etl ia,
OF September. 1898:
Alfred T. Dillard and Elizabeth d his wife. c,rnerl,
Elizabeth b. Cabell, Napoleon d. Cabe and Alexande
Cabol, Plaintiff,
| against
Frederick Cabell surviving executor Of the las, vii
and testament OF John Cabell. deed. and in his owl
right, Samuel rasiord, late Sergeant If the Corpora
tion OF Iynchburg, aud such administrator de boai
iton with the will annexed of George Cabel deed
Samuel Caboll, William Daniel, a Judge of the Gen.
em Court Of Virginia. and Paulina J.. his wife
! formerly Paulina J. Cabell William Walton one NJ
the securities of John J. Cahell, deceased in his
official bond. as guardian Of the Plaintiffs whilst in
fans; W lllam Chick. one of the securities Of the said
JolnJ. Cabell. decd in his official bond as one of the
executors of John CabelI deed and Thomas r Friend
executor Of John J. Caboll, deed, Defendants.
IL CnANcERY.
This cause came on this day he heard, upon the
papers formerly read. and argued by counsel on
consideration whereof the Court of opinion and doth
decide
ls That as Of the defendants in this cause.
William Daniel is Judge flhe General Court and all
the rest (except Friend, who resides in the county of
Kanawha) reside in Buckingham and Campbell coun-
ties in which the said Daniel pesides Judge, was
competent for the Plaintiffs, ifn truth they were not
absolutely bound 10 their snt in some county
out Of the judicial circuit Of the said Daniel and that
the county Of Amherst, which has been selected is not
only 10 inc circuit OF The Judge and the
" ot his residence but from its locality, be most
convenient 10 him and to the principal defendants nay
all the defendants but one (Frend and as to him the
is satisfied that Amherst is not more conve-
nent than kanawha and that therefore the Defendants
objection or plea 10 the jurisdiction be overruled.
2nd That the tendency 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 erroneous as far as ii
has progressed, and mere nny as to the plaintiffs
presents no bar or inpcdncnt to the Prosecution OF this
suit.
Sd. That under the will Of their father they were
entitled to the means Of support, maintenance equip
!nen and educaton IN the following Isl, Of
tie rents OF the lands devised them specifically if not
sufficient the deficiency TO be supplied out Of The rents
and profits Of the lands and slaves OF before sale
and if these two Insufficient, then of The capt
tai or proceeds Of sale; and that at the DIVISION the
Plaintiffs after accounting for their desses and Daniel
and wife for cl2D0, entitled 10 equal share
each or one eighth part OF the proceeds of sale and bal
ance OF rents profits, &c, left after payment Of debts
and supporting equippng and educating the Plaintiffs,
as provided by the will
4lh. Ii the Plaintiff, have not been supported equip
ped and educated IN the provided in the will and
that this failure resulted from misconduct mental
or moral defects on the part fte plaintiffs but from the
neglect OF the executor guardian whether that neglect
proceeded from mistake or inadverence, from design
that the plaintiffs are entitled Ia redress in the shape of
compensation in money for the difference between what
| was allu WHAT ought 10 have been expended.
| And 9th. The Plaintiffs ought to have opportunity
Of surcharQing and classifying. before commissioner
OF the court. the account and settlements referred in
the bill and answer to the extent OF the specifications
their bill and 10 the extent Of apparent upon their
lace or III Their ofn and structure aud to the extent Of
any alteration or reformation made necessary by the
puim Of The court before expressed. Wherciore the
court doth order that the defendant Frederick Cabe
render before Of the commissioners Of This court an
account OF ms administration Of the estate OF his eslato
John Cahcl decd both real and personals that the de-
PENDANT Thomas X. Friend administrator of John j.
Cabe deed. render before the same commissioner an ac
count Of his inesates administration of the same estate
likewise his lniesa,e's account guardian of the plain
hiis, and an account Of his administration of the estate
Of his ntestate the said John j Cabell decd; which
accounts the said commissioner directed TO examine
state and settle and make report 10 the court, with any
matters specially stated, deemed pertinent by himself or
required by the parties to be 50 stated.
And at Circuit Superior Court of law and Chance
y continued by adjournment and held for the county Of
Amherst, at the house, Monday the 9th day of
September 1872:
Alfred +. billiard and Elizabeth b. his wife, formerly
Elizabeth b. Cabell, Napoleon b. G.bel and Alexander
Caboll, Plaintiffs,
Frederick VI Cabcll and Clifford Cabell, executors of
Frederick Cabell, decd, who sued executor Of
John Cabe decd and in his own right John b. Cabell
administrator de boaiS non with the will annexed OF
eI, aud Mayo Cabell, executors of William Daniel,
d,c'd Frederick Nj, Cabell, administrator of Paulina
J. Daniel decd; William Walton, one of the sccuri-
ties Of John j. Cabell, decd in his tcia bond guar
dian Of the Plaintiffs whilst infants; William Chick one
Of the securities of the said John j. Cahcll deed in his
official bond OF the of John Cabcll decd
and Thomas X. Friend, executor of John j. Cabe dec d.
Defendants,
In CHASCERy.
The court doth order that the defendants Frederick
Nj. Cabc and Clifford Cabcll executors Of Frederick
Cabe, deed. do render before of the commissioners
of this of their tcstaturs admnislra-
ton Of the estate of John Cabc dcc in like manner as
the said Frederick Cabel in his lifetime was directed to
do by the order Of the Sh day of September 1885, and
the said Frederick NJ Cabell and Clifford Cabe are d
rectcd render before the same commissioner an ac
count of their administration of the Of their tcstator
Frederick Cabell decd; which accounts the said com
missioner is directed TO examine state and settle, and
make report thereof TO the court, together with the
ther accounts directed by the said order Of the Sh day of
September. 1898, with any matters specially stated,
deemed pertinent by himself, required by the parties
to be SO stated. Copes-Ieste,
ROBERT TlNSLEY. elk.
CoNMIssioNER's OFFICE,
Amherst Court House, October 4th, 1912. {
| The parties will take notice that | have appointed
Monday. the 18th day of December next to commence
the accounts IN the foregoing order directed on which
day at the hour of 10 O'Clock A. NJ they are requested
10 attend at my Office with their accounts vouchers and
.g.i c,io e.