Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-07-25
H. 81 P. MAYO,
july l5-cw4w Clerk Of the District.

tn CHANCERY.-VIRGlSI Al a Superior
Court Of Chancery for the Richmond Circuit,
held a, The Capitol in The city of Richmond, June
%, 1915:
Grandson F Marx, and Elizabeth his wife,
Who before her in;ermarriage with said Marx,
vas Elizabeth Carter widow and relict Of Edward
Garter. dec. Pitts:
Against
Robert A. Mayo, late Sheriff OF Henrco coun-
j. and as such administrator de honis non with
be vii! annexed OF Edward Carter, dec, Robert
n. Saunders, and Sarah Jane his wife, who be-
Ore her intermarriage with said Saunders, was
sarah Jane Butler, Isham Waymack, William
Aorgan, Philip Gentry, Edward Carer Way
mack, jams Francis Waymack, Shadrack Way
mack, Adelia Louisa Waymack, and Martha
Inn Butler, The las, six being infants under The
geoi iSeniy-one years. Dei'Is:
The motion Of the plaintiffs bv counsel, the
Curt doth assign Nathaniel P Howard guardian
q ltem 10 The infant defendants Philip Gentry,
Inward Carer Waymack, James Francis Way
incs, Shadrack Waymack, Adelia Louisa Way
mack and Martha Ann Butler TO defend them in
rs suit Whereupon the said infant defend
5ls BY their said guardian Gd Item, filed their an
ReT 10 the bill of The plaintiffs, 10 which the said
tainlifs b. counsel replied generally. And the
duse coming on by consent Of all the adult par
is b their counsel, and Of The infant defendants
their guardian al liieni, TO be heard upon the
~, The answer Of The defendant, Robert a..
Mayo lae Sheriff of Henrico comfy, and, as
sch, administrator de bontS non, with The will
areIed, u Edward Carer, deceased, the answer
q The infant defendants, replications 10 The said
aIswers and exhibits fled and being argued By
counsel On consideration thereof, the Court,
ttng OF opinion that the true construction OF the
Islduary clause in the will Of Edward Carter,
deceased, filed with The answer OF the defendant,
administrator requires division of the resi-
oian therein mentioned in equal proportions, per
efiia, between Isham Waymack each OF the
Children of James Waymack, Philip Gentry,
an each OF the daughters Of Nelson Butler,
doh, for The purpose of effecting such ultimate
diiision, adjudge, order and decree, that Jas A.
GSdin, Bacon TAFT and WIN. II Goodwin, who
arehereby appointed commissioners Cor The pur-
poss or any TWO OF Them, do proceed 10 ascertain
The resent value Of the twelve slaves now in
The hnds of the defendant MAYO, as adniinistra-
tor atrsaid, and 10 divide the said slaves in
Kind, fprac,icable first assigning one-thira there
of,o,h plaintiffs, and then dividing The balance
equalt per capita among the children of James
Wav:scs, The children OF Nelson Butler and
Phi. Gentry, making such allowance for oneliy
OF PATTON as TO them may seem reasonable ;
tDt sh.uld the said division in kind moi be prac-
iicahe j; tie opinion G; ,ac said commissioners,
iney ardirectedto report accordingly, with their
reasons Tor that opinion, together with any other
marertpecia!ly stated deemed pertinent BY them
seYes sr which may be required by the parties, TO
&c 81 seted
ardlhe Court doth further adjudge, order and
deere hat The defendant. Robert A. Mayo late
oherif d Henrico county, and, as such, admins
Gdio d. tonis non. With the will annexed, Of Ed
Watcarier, deceased, do render an account OF his
administration before one of The Commissioners
o. lis Court, who is directed TO examine, STATE
ana e,,'e the same, aud make report thereof 10
ne Cdii, with any matter specially sta'ed deemed
Frtlsnt BY himself, or which may be required
oy u parties 10 be SO stated.
Anton the motion Of the plaintiffs by counsel
me Cstr. doth order and require. thai al! persons
havig claims against The estate Of Edward Car
Ter deceased, do exhibit the same TO this Court for
settlement before the first day Of January, 1916;
ana deh direc, that this order be published in one
o. =. newspapers printed in the City Of Rich
mond, and continued therein for eight weeks, and
oe poaed at the door Of the Court House of The
county of Henrico, and also al the door Of the
.onH House in the City .! Richmond, on two
Ssera Court DAYS of the Conris Of The said
'Ouh!y and corporation, respectively.
A Copy. Tes,e.
:, N. P. HOWARD, c. 4.
'ay ;-d2aw&cw6w