Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1842-01-03

day the 3rd day of juno, 1899, sitting a Court Of
thancery
John Thompson. Jr PltT,
against
Charles Mckinney, Thomas Mckinney and John
Mckinney, "a ors of William Mckinney, deceased,
Samuel Branch Junns \. Clay, Joel Mckinney, VII /
liam 5. Dugud. John Hughes, Lneas Dupuy, David
Bridges and Martha his wife, Peter Mckinney and the
President Directors s. Company Of the Bank o the mi
ted States, Dais.
The defendant Ilneas Dupuy, who il out Of this
try, and agas whom the plaintiff appears to have pro
ceed prescribed by law, still failing to appear and
file his answer on the motion Of the plaulult. by coun
SCI the Court doth take his bill for confessed 10 the
sad lneas Dupny. The subponas which issued IN
this cause, bcarn! date the sd day Of December,
ls51 and the LIST day of January, ISIS, and which
appear to have been duly executed upon the defendant
Charles Mckinney ,Iunus \. Clay, joel Mckinney.
William ;. Dmgnid, John Hughes, and Peter Mehn-
ne} and more than iour months having elapsed well
since the return day Of said subpollas since the fling
Of the plaintiff bill, and the SAID defendants still lna
loappcar and file Their answers on the motion Of the
palntifby counsel the Court doth take his bin Tor
iessod as to the asi mentioned defendants W ereupDn
the To be heard upon the bill the
Of the President, Directors < Company of the Bunk Of
the United States the answers oil the defendants John
Mckinney, Of Thomas chimney, OF Samuel Branch
and OF David Bridges and Martha his wife. with repll-
cations seycray thereunto made by the plaintiff, except
10 the answer OF the Bank Of the United States, exhibits.
the examinations oil 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 OK 'ors of William Nc
Kinney their plea of ully administered, precludcs
and ostops the plaintiff from claiming any thing except
Tor errors in calculation OF the subjects
pretended and specified in the executors account settled
and recorded before the date of said udgmcntand if
this not yet that the several debts which are
charged in the settled accounts of John Mckinney
Of the executors Of William Mckinney, decd, being
due in the name Of W lllam Mckinney x Co, might
rghtlly be paid by that executor ont OF the assets of
his tcstaor and CHARGED in his said eNecuoria accounts.
because the same are satisfactorily proven have been
the proper ndyidualdebts of William Mckinney. and
the plaintiff having failed by any sufficient evidence to
sustain bis specific items Of surcharge and Justification Of
the said executors settled accounts the Court doth de
eide that is not competent for the plaintiff To open
charge and aslly the said settled accounts Of the
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
permit the same 10 he opcn But the plaintiff having
reht account of the cXecuorla Transactions which
have happened subsequent TO the former settlement, and
IN relation to sulecsnot comprohcnded or specified there
IN; the Court doth adudgc, order and decree, thai the
said executors do render before of the commissioners
OF THIS Court further account OF their administration
the estate otthor tesator. 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
account hereby ordered IN which account may be ncu-
died any other assets OF the tostaor which has
the hands OF his executors, AT any time since his death,
and which were not eamprchcnded in the settled and re
corded account aforesaid. And the plaintiff may be
come Interested i'll the equitable assets u the said tesla
tor on his failure to obtain satisfaction of his demand
OF the legal assets he may have account of the ad
minlstaon Of the equitable also, subsequent
the account of that fund.- which had been settled and
corded before the bringing OF this suit and may be al
lowed To surrharge and alsy that account in any spc
ctic item otcharee contained in his bill, to any
apparent the face of said account and if need be
TO change its form and structure but always regarding
the will OF W llam Mckinney governing and conirol-
ling the dsp slton OF the equitable wherefore the
Court doth further admdoe order and decree that the
executors Of VIM. Mckinney do render m account be
fore the same commissioner of the equitable assets which
have come 10 their hands to he administered upon the prn
ciples above stated. And the Plaintiff desiring it. he
may have of the mercantile transactions of the
firms of William and Charles Mex nf Iobn No