Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1842-07-28

house OF MIS- Sarah Bctts IN county on
proceed 10 take the deppsons of George W alton and
others To BIZ read as evidence in a suit depending
the Circuit Superior Court OF Law and Chancery Tor
tho County of Roanoke, in which am plaintiff and you
aud others defendants.
CHARLES w MoCLANAIIAN.
Big Lick, July I wiw
EYIRGINIA:-At Circuit Suderor Court of Law
and Chancery. continued aud held for the town Of
Lynchbnrg, at the Conr house in said town. Mon
day, the 3rd day of juno, 1889, sitting Court of
Cbanccry:
/ John Thompson Jr PltH.,
/ Charles Mckinney. Thomas Mckinney and John
Mckinney, ex'ns of William Mckinney, deceased
Samuel Branch. Jnnus A. Clay, Joel Mckinney, VIII
liam $ Diuguld John Hughes, l.lncas Dupuy, David
Bridges and Martha his wife, Peter Mckinney and the
President Directors 4 Company ofihc Bank Of the Uni
ted States, Dctis.
The defendant Lineas Dupuy who is out of this coun-
try aud against whom the plaintiff appears 10 have pro
ceeded prescribed by law, still failing appear and
file his answer; the motion of the plaintiff by coun-
sci the Court doth take his bill for confessed as to the
said Lineas Dupuy. The subpTnas which issued in
this cause, bearing date the 23d day Of December
1887 and the first day of January, 1888, aud which
appear have been duly executed upon the defendant
Charles Mckinney, Junus A. Clay, Joel Mckinney.
| William 5. Dmgud, John Hughes, and Peter McKn
ney, and more than four months having elapsed, well
the return days Of said subppnas as since the filing
OF the plaintiff bill. and the said defendants still falling
|
plaintiff by COUNSEL the doth take his bill for con
tossed as to the last mentioned defendants. Whereupon
the cause came on 10 be heard upon the bill, the answer
Of the President Directors < Company of the Bank Of
the United States, the answers of the defendants John
| Mckinney, of Thomas Mckinney, of Samuel Branch
and of David Bridges and Martha his wife, with rep-
cuons severay thereuno made by the plaintiff except
to the Of the Bank Of the United States exhibits
the examinations OF witnesses. argued by counsel
On consideration whereof the Court being Of opinion that
Uu1ID ut The md tbp luiuni t,n
Federal Court III favor of the eX orS. Of William Me
Kinney, on their plea OF fully administered, precudes
and estops the plaintiff from claiming any thing except
for errors IN calculation on account OF the subjects com
pretended and specified in the executors settled
and recorded before the date of said udgment-and if
this not So yet that the several debt, which are
charged in the settled accounts of John Mckinney one
of the executors of William Mckinney, decd, as being
due in the Of William Mckinney x Co., might
rghnly be paid by that executor out Of the assets Of
his esaio and charged in his said executorla accounts
because the satisfactorily proven TO have been
the proper individual debts of William Mckinney, and
the plaintiff having failed by any sufficient evidence to
sustain his specific items of surcharge and Justification of
the SAID executors settled accounts the Court doth de
eide that II is not competent for the plaintiff open
charge and alsfy the said settled accounts of the
tor John Mckinney which had been settled and record
ei 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 to account OF the cXccuora Transactions which
have happened subsequent to the former settlement and
in relation to subjects compehended specified there
in, the Court doth adudge, order and decree, that the
said executors do render before of the commissioners
OF this Court further of their administration on
the estate OF their tesator On 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 in which account may be inclu
ded any other assets of the testaor which have
the hands OF his executors, at time since his DEATH
and which were mol comprehended in the settled and re-
corded account aforesaid And the plaintiff NAV be
come interested in the equitable of the said tesla
tor on his failure 10 obtain satisfaction of his demand
OF the legal assets lie may have account OF the ad
nllnsraon of the equitable Also subsequent to the
account of that fund, which had been settled and re-
corded, before the bringing OF this suit, and NAV be al
loved to sucharge and asiiy that account in any spe-
cc item of charge contained in his bill, any
apparent the face OF said account and if need be-
to change its form and structure, but always regarding
the will of NilliamMcKinney governing and control
ling tho disposition of the equitable assets wherefore the
Court doth further adudge, order and decree that the
executors OF VIM Mckinney Go render an account be-
fore the commissioner Of the equitable assets which
have come to their hands, to be administered upon the
principles above stated. And the Plaintiff desiring he
may have account of the mercantile transactions of
the firms of W llllan aud Charles Mex inney of John
Mckinney & Co, and of William Mckinney & Co.,
and of the remaining real estate of which William Me
Kinney died. selzed and possessed. any there be-
embraced by the former settled accounts, and this end
the said executors directed 10 produce before com
missioner who shall take the said accounts the partner
ship books of the several firms, and also the separate
book or books of accounts, if any. of the said William
Mckinney. And the Court doth further order that the
commissioner do take of the plaintiff S
deb and OF the date when il contracted also ac
count of the advanccmens, if made to the de-
PENDANTS David Bridges and wife, Robert Mckinney and
Peter Mckinney-when made--the value when made
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 deenlants; also an ac-
connt OF the yearly value of any part of the said
slaves which may remain IN the hands of any OF the al
legged volunteers those claiming under them Except
of such may be held by puchase since the death of
William Mckinney; and also. of the value
OF the estate of said VIM. Mckinney both real and per
sonal and the amount Of debts by him owing at the date
of said ARRANGEMENTS. And the said commissioner is d
rectod to examine, state and settle the several accounts
hereby ordered. and make report thereof with any mat
tiers specially stated deemed pertinent by himself or re-
has liberty to examine the defendants in solemn form on
oath, on inerogatores pertinent to the issues before the
commissioner, after due notice for that purpose.
ACopy-Tese.
DAVID ROBES, Clerk
COMMISSIONERS OFFICE,
I.ynchburg, July Is, 1912.
The parties interested in the foregoing order of court
are hereby notified that appoint Thursday the sth day
OF September next to commence the therein
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