Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-09-09


IN CHANCERY-VIRGlSa al Superior
| Court of Chancery for The Richmond Circuit
held Il ,he Capitol in tie city OF Rcnmond, June
p, 1915:
Grandson f. Marx and Elizabeth his wife,
who before her nermarriage with said Marx
was Elizabeth Carter, widow and relict Of Edward
Garter, dec. Illis:
Against
Robert A. MAYO, late Sheriff OF Hcnrico coun-
t., and a. such administrator dc bonis non with
the will annexed of Edward Carter, dec, Rober!
w Saunders, and Sarah Jane his wife, who be-
fore her iniermarriage with said Saunders, was
Sarah Jane Butler Isham WayiDack, William
Morgan, Philip Ge7,iy, Edward Carter Way
mack Jam Francis vTavmack, Shadrac. way
mack, Adelia Louisa Waymack, and Martha
Ann Butler, The lat six being infants under The
age 0. twenty years DliS:
On the motion Of the plaintiffs BY counsel, The
Court doth assign NathaaleiP T. Howard sua!dian
ad htcm 10 the infant defendants Philip Gentry
Edward Garter Waymack, James Francis Way
mack, Shadrack Waymack, Adclia Louisa Way
mack, and Martha Ann Butler, 10 defend ihein IN
this sui, Whereupon, the SAID iniant defend
ants By their said guardian ad idcm, 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 ana OF The infant defendants
by their guardian al titcm 10 be heard upon The
bill. the answer Of the defendant Robert A.
MAYO, late Sheriff of Hcarico comfy, and, as
such, administrator lie ton1s men, with The will
annexed, of Edward Garter, deceased, the answer
OF the infant defendants, replications To The said
answers ami exhibits fled, and being argued by
counsel: On consideration thereof, the Conrt
being OF opinion that The true construction 0! he
residuary clause in The will OF Edward Carter,
deceased, filed with The answer oil The defendant,
l.....s ,.I ia,
his administrator requires division hl the resi-
dunn therein mentioned in equal proportions per
capita, between I.ham Waymack, each Of The
children of James Waymack, Philip Gentry,
and each Of the daughters OF Nelson Butler.
doth, for The purpose OF eileclng such ultimate
division. adjudge, order and decree, that Jas a.
Guldin. Bacon Tai, and VIM. II Goodwin, who
are hereby appointed commissioners for The pur-
posc. or any two Of them, do proceed Ia ascertain
the present value of the twelve slaves now III
The hands of the defendant Mayo, as adminisira-
tor aforesaid, and 10 divide the SAID slaves IN
kind if practicable first assigning one-lhld There
Of TO tho plaintiffs and then dividing the balance
equally pr capita among the children OF James
Waymack. the children of Nelson Butler and
philip Gentry, making such allowance Tor onciiy
of partition as 10 them may seem reasonable;
but. should the said division in kind moi &c p'ac
ticable in the opinion Of The said commissioners,
ihey are directed 10 report accordingly, with their
reasons for that opinion, together win any other
matters specially stated deemed pertinent by hea
selves, or which may be required BY The parties, 10
be SO stated
And the Court doth further adjudge, or!er and
decree, hat the defendant, Robert A. Mayo late
Sheriff of Henrico county, and, as such, admins
traitor dc Jomis nan, with The will annexed, q Id
ward Garter, deceased Go render an account .! his
administration before ore of the Commissioners
of Ibis Court, who is directed to examine, STATE
and settle The same, aud make report thereof 10
the Court, with any matter specially iacd 'eelned
pertinent by himself or which may be required
by the parties 10 be ST. stated.
Ard on the motion of the plaintiffs by counsel
the Court doth order and require, thai all persons
having claims against the eslae of Edward Car
ter, deceased DO exhibit The same 10 this Court for
settlement before the first day Of JANUARY 1916;
and doth direct that This order be published in one
OF the newspapers printed in The City Of Rich
mond, andconlinued therein for eight weeks and
be posted at the door Of the Court House Of The
county of Heniico, and also At the door CT The
Couu House in The City Of Richmond, on lwo
eeveral Court DAYS Of the Courts OF The said
sounly and corporation, respectively
\ Copy, Tsse,
JULY l4-G2aw&cwSw