Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1844-11-18

l cirtul superior cuutl oil law and chancery con-
IA tlnued and held Tor The loan OF LyuchbuTg the
ON day al August, s33;
lfipeu 1. Estes Benjamn Estes, Thomas Estes
Edmund lis IS Jesse Fears and Nancy his wife G,orgs
NJ ron and Lucy his vie, Lansiofd, Lndweil Rucker
Sarah Ann icher infant children u Lucy Murlo0,
who by George Morton Their next friend; Reubtn
Hughes aud E.lzlheth his wife, William Cowhem
ahd Selah his vile, John NOEL and Sarah b wife,
aud john Nance and Martha his vile, plaintiffs,
asalH
James ID. Parfen sherfol Piitsylv mia and as snri
administrator OF joel Estes dec, surviving executor +
Benjamin Estes DEF, Milton lo.ry eXor Of WllIna
Lowry, dec, John luWGY, Ihunas sale Of Thon.
as LOG wood dec Henry iiaicher eN,r. Of llariaway
Hatcher, dec, NAIlian Estes, Els Estes and
Ih;p Estes. D.lgnGanls.
liz tHANcEEy.
This cause this da, further heard on the
papers iornery read and The report of
}pnagh made IN pursuance .! tar decieal order there
IN pranouuced III the :9S.h day Vi O:nher o9J. with
exceptions thereto by both parties aud ar-ured by
cpun,e; upon CONSIDERATION whereof the court prnouoc
ed The following oplniun:-1he securities IN this
cannot be- made responsible Tor more than the amount Il
the personal estate which The hands Of the
ulor to be administered. Tie widow having rtcrlvcd
lrom the executor her porIun, the SECURITIES
sp1iS5e lr The d p slion o 1t thereafter. But the ~
ecult s himself resp islle Dr The whole estate, real
and personal 81 lar Us 1t cane into his hands II The
executor administered the persjaal estate in whole
"lduA's porllon INTO his hands, that lhr
securities discharged, AMI 10 thai only, except
So tar as II appears TIA the administered the balance after
wards Alter The proceeds THE land s. the widow poi
llph came into The executors haldS and at that Tine
the executor and his securities responsible The
egatees lor any balauce ii The personal estate winch
remained executors hands and the executoro ONLY
became responsible Tor the subsequent receipts for land
and the widow poron-5elng responsible Tor one dt0t
with his securities and fesp1nslbe for the other without
them lie had the right 10 pay either first Ithe made
payments without spec IN. the debt to be extirgnls'
ed the creditor M Int make the election. In this case,
II es not appear that either made any express appca
ilon OF the pryhlents. How then onght II now 10 be
done Inns Court is of opinion, that, The pro,ee
o the lands did not ino The executors hands 10 be ad
mnsleTed, In the camm0n Of assets, but Tor he
use Of the devlSees there necessity retain then
t'r an account ri administration, but the share OF tata
devlsre being certain, due to each slon as the
executor received The moneyand that if thereafter he
EiaIe payments, 1t should be considered as payment
onto the proceeds tt the lands unless specially d..
rected otherwise. The same, in feet may be SAID OIL
HE WIDOWS portion. All payments made any time by
the executor To the creditors If the estate, other lhah
egatee', should he regarded made from the funds oil
the personal estate. All payments made the leIaefs
alter the executor bad received the sales OF the ano'
should be Considered made from the proceeds OF slca
saeS-and The as 10 The widows porliln-
And II there be a balance of the personal estate, ef
'''9'' VI we "luoN remaining III tHc oAe
Tor hands, the securities bound for IT. but not iOany
balance due OF The proceeds Of the sales of the land ad
The Widows portion. Wherefore the Court doth re-
commit the report aforesaid with the exec pons thereto
10 the commissioner who made it, with instructions T."
examine lie said repor and exceptions, and reform us
report, 81 lar as II may be necessary make II coho"
10 the foregoing opinion. and report thereupon as heIee
fore reced
he foregoing is true copy Of order found amons
the proceedings in the case OF Estes against Estes, 81 d.
IN the circuit superior court Of law and chancey l@
The town OF Lyme hburg, which has been removed 10 o
superior court OF Bedford county. Tese,
JOS. WILSON, OK,
find,
AT special circuit superior of law and chancey
held tor Bedford county the Oath day Of July, loft
VA motion ofihe plaintiffs by COUNSEL the court dom
order that commissioner Of this court proceed to exc
cute the order Of the circuit superior curt of law anu
chancery Tor the town OF Lynchburg made in this cause
IN the 9Th day of August lS33,-and the said comn'
s"ner is directed 10 State and settle the accounts diecs
by the said ORDER and report the same to this court WIN
any matters specially stated, thought pertinent by Nun
sell, or required by the parties 10 be so stated.
ACupy-Ieste JOS. WILSON, CFS.
CoMMissIoNER's OrfIoE'{
Liberty Aug s, 1874
he parties in the above cause will take notice lna'
shall proceed at my office in this town. Wednes'.'
Tie lth day of December, lS44, at 10 O'Clock A. NJ
xecne the foregoing order of the circuit superior co'''
u Ia" and chahcery in the town of Lynchbhrg: n
JNJ. A. WHARTON. u
Nov. II Win