Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-07-18

IN HANCERY-ViRaiNIA: AT Superior
L Court OF Chancery for the Richmond Circuit,
held at the Capitol in the city OF Richmond, June
25, 1875
Grandson Marx and Elizabeth his wife,
VINO before her inermarriage with said Marx,
was Elizabeth Cater, widow and relic of Edward
Carter, dec, Pitts:
Against
Robert A. Mayo, late Sheriff OF Henrico coun-
ly, and as such administrator de bonis non with
the will annexed OF Edward Carter. dec, Robert
w. Saunders, and Sarah Jane his wife who be-
fore her intermarriage with said Saunders, was
Sarah Jane Butler, Isham Waymack, William
Morgan, Philip Gentry, Edward Garter Way
mack, James Francis Waymack, Shadlack Way
mack, Adelia Louisa Waymack, and Martha
Ann Butler the last six being infants under The
age OF twenty-one years, Defis:
On the motion Of the plaintiffs By counsel, the
Court doth assign NathanelP Howard guardian
I'D htem 10 the infant defendants Philip Gentry
Edward Garter Waymack, James Francis Way
mack, Shadrack Waymack Adea Louisa Way
mack, and Martha Ann Butler 10 defend them in
this suit Whereupon, the said infant defend
ants, by their said guardian nd Item, filed their an
swer 10 the bill OF the plaintiffs, to which The said
plaintiffs By counsel replied generally. And the
cause coming on by consent of all the adult par
ties by their counsel and of the infant defendants
BY their guardian ad Item, 10 be heard upon the
bill, the answer of the defendant, Robert A.
Mayo, late Sheriff Of Henrico county, and, as
such administrator de hons non, with The will
annexed Of Edward Garter, deceased, the answer
Of the infant defendants, replicaions 10 the said
answers and exhibits filed, and being argued By
counsel: On consideration thereof, the Court
being OF opinion that The true construction OF the
residuary clause in the will OF Edward Carter,
deceased, filed with the answer OF the defendant,
oGp mic q Of no
dunn therein mentioned in equal proportions. per
| capita, between Isham Waymack, each Of the
children Of James Waymack, Philip Gentry,
and each OF the daughters OF Nelson Butler,
doth, for the purpose OF effecting such ultimate
division, adjudse, order and decree, that Jas. A.
| Goddin, Bacon TAFT and VIM. II Goodwin, who
are hereby appointed commissioners for the pur-
p3Se, or any Two Of them, do proceed 10 ascertain
the present value of the twelve slaves now in
the hands Of the defendant Mayo, as administra-
Tor aforesaid, and 10 divide The said slaves in
kind il practicable first assigning one-,hird there
Of 10 the plaintiffs, and then dividing the balance
equally per capita among the children Of James
| Waynack, the children of Nelson Butler and
! Philip Gentry, making such allowance for onelty
of partition as 10 them may seem reasonable
but should The said division in kind MOI be prac-
,icable in the opinion Of the said commissioners,
they are directed 10 report accordingly, with their
IedSOIS lOI tudl Opiuiou, O6Stu1i "i'a 80! o'iei
mauers:speciaily stated deemed pertinent by them
selves, or which may be required by the parties, 10
| be so stated
And the Court doth further adjudge, order and
decree that the defendant, Robert A. Mayo, late
Sheriff Of Henrico county, and as SUCH admins
traitor dc b0nis non, with the will annexed, Of Ed
ward Garter, deceased, do render an account OF his
administration before one Of The Commissioners
Of this Court who is directed 10 examine, sia'e,
and settle the same, and make report thereof 10
the Court, with any matter specially sta ed deemed
pertinen, BY himself, or which may be required
| BY the parties 10 be SO stated.
| And on the motion of The plaintiffs by counsel
the Court doth order and require, that all persons
having claims against the estate of Edward Car
Ter deceased, do exhibit the same TO this Court for
settlement before the first day Of January, 1885,
and doth direct that this order be published in
o, the newspapers printed in the City of Rich
mond, and continued therein for eight weeks and
be posted al the door Of the Court House of The
county of Henrico and also at the door Of the
Couu House in the City OF Richmond, on Two
several Court days of the Courts Of The said
county and corporation, respectively.
A Copy. Tesie,
n. P. HOWARD, C. c.
July l4-d2aw&cw9w