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

j n circuit superior court al law and chancrry con
IN t,nned and held for the town OF Lynchburg the
slh day al August. 1888
urplet I. Estes Benlamin Estes Thomas Estes
Edmund Fses, Jesse feats aud Nancy his wife, George
Morlon aud Lucy his wife. Lansord, Iudwcil nucker
Sarah Ann Rucher infant children Of Lucy Morton,
who by George Morton their next FREUD Reuben
Hughes and Elizabeth hls wife, William Cowherd
and Seah his aiIr. John NOEL and Sarah his wife.
aud John Nance aud Martha his wife, Plaintiffs,
against
james d. pai,en sheriff. pittsylvania and as such
administrator ot joel fses dee. Surviving executor If
DenJamin Estes dec, Milton Lowry exor Of William
Lowry dec, John lowry. Thomas sale exur OF Ihnm
as ugwood dec Henry Hatcher, exor. Of ilardaway
Hatcher. dee, William Esies, Elisha ESTES and
lhup Estes. Dtlrndanls.
In tHAacrRr
This this day Ia b. further heard ON the
papers formerly read. aud the report ol
Benngh made In pursuance ri the dccieia order there
IN pronounced. Oh the 2Slh day o October 1929, with
exceptions thereto by both parties. and was aryurcd by
COUNSEL upon consideration whereof the prnoinc-
ed the following opnlnn:-lhe securities II, this ease
canno BIZ mado responsible Tor than The amount IT
the personal estate which The hands of the exec
ntor 10 bn administered. Thu widow having received
from the executor her potlun, the securities are re-
spunslbe ior the deposition Of II thereafter But the ex
eeutor himself responsible Tor tho whole estate real
and personal 81 far as II came into his hands. II the
executor administered the personal estate, whole or IN
part before The proceeds Of The sale Of the lands aud the
securities discharged aud 10 tina, extent only except
tar II appears tha the administered the balance after
wards After the proceeds OF the land & the widows por
lpn came lnu the executors hands, and nj that time
the executor and his securities responsible 10 the
legaees for any balance ol the personal estate which
remained III the executors hands. aud the executor only
became responsible Tor the subsequent receipts for land
aud the widows porlion--5eng responsible for debt
with his securities, and responsible for the other wilhou,
them lie had the ~ hi 10 pay either first II he made
uaV IA, hp
ed the creditor might make the election IN this case
II dues no appear that cher made any express appca-
lion of the payments low then ought ii nav to be
done THIS Court is Of opinion, that tho proceeds
of The lands did 90 The executors hands 10 be ad
mlnslered, IN The Of asseris but for the
o the deslsees there was necessity retain them
for account III administration, but The share OF each
dessee being certain, was due 10 each soon as the
executor received the moneyand that II thereafter he
made payments, II should be considered us payment
ontoI the proceeds of the lands unless specially di
eced otherwise. The same, IN effect, may be said Of
The widow portion. All paymen made any time by
The executor 10 The creditors Of the estate. other than
egalees. should be regarded made from tho funds of
the personal estate All payments made The lsuaecs
after The executor had received the sales OF the laad
should be considered as ade from the proceeds Of such
sales-nnd the 10 The widows PARTON
And II there be balance Of The personal estate, ex
elusive oi the widow Portion, remaining 10 the eAecn.
tors hands, the securities are hound for IL bat not for any
balance due o The proceeds Of The sales Of the lard and
The widows parun Wherefore the Court doth re-.
commit the report aforesaid with the exceptions thereto
10 the commissioner who made it, with instructions Ia
examine The said repor and exceptions. and return his
report, 81 lar as II may be necessary make il conform
Ia The foregoing opinion, aud report thefcupon heet
fore directed.
The foregoing ia true copy of an order found amongst
The proceedings IN the Of Estes against Estes et al
IN the circuit superior conri ol law aud clancery for
The town oi Lynn hburg. which has been removed 10 the
superior coult oi Bedford county. Tcstr,
JOS. WILSON, CPk.
.4nd
At special circuit superior If law and chancery
held for Bedford county The 9th day of July, isii:
On motion Of The plaintiffs. by counsel the cnnrt doth
cute The order Of the circuit superior court of law and
cbancery gr tia town Of Lynchhurg made 10 this cause
the 9Th day Of August 1883 and the said commits
sioHer directed la slate and settle the acc un,s directed
by the said order. and report the same to this cnr with
any matters specially slated thought pertinent by him
SELF, orreqnred by the parties to be stated.
Cory-losie JOS. WILSON, Ctk.
CoMmissIoNERs OFr,cE,2
Liberty, Aug. 5, 1874. :
The parties in the above cause will take notice that
shall proceed at my Office in this town, on Wednesday,
the | lth day oi December ei4 al 10 O'clock A. NJ To
execute the foregoing order of the circuit superior court
OF law aud ehancery III the tnwn Of iynchbnrg.
JNO. \. WHARTON. G.
Nnv. II WIN