Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1846-02-26

E'lRGlNlA--At Circuit Superior Court Of Law |
and Ghaneety, eoun0ed aud held for the of
Lynchbutg. n, Tho Court house in said town. on Mon
day, tie ald day OF june 1859. sitting as Court Of
Chancety:
john Thompson, Jr. Plaintiff
Charles Mckinney, Thomas Mckinney and John
Mckinney, ex'ars. ol William Mckinney, deceased.
Samuel B:anch. Junns A Clay, Joel Mckinney. Wi
liam :. Dluguld. lobn Hughes. Llreas popuy. David
Bridges aud Martha his wife. Peter Mckinney and the
President, Directions & COMPANY OF the Bank Of the u
ned States Defendants.
The defendant neas Dupuy who is out Of tins coun
Try aud against hum the plaintiff appears To have pro-
ce,ded Nv prescribed by law sull failing TO appear and
lille his answer On the motion Of the plaintiff, 10y coun-
sci The Cum doth take his bill for confessed as To The
said Lineas Dapuy. The subpw which Issued in
THIS cause bearing date on the 23d day of December
1857. and the first DAY vlJ."uaty, 1883, aud which
appear have been duly executed upon he DEFENDANTS
Charles Mckinney, Junius A. Clay, joel Ncn 'hney
William ;. Dngnd. John Hughes. and Peter Nlckn-
neY, aud mofa than inur months having elapsed, well
since The return days at said SUBJ tho filing
o the painful bill. AMI tie said defendants sill failing
10 appear and file Their answers On the motion OF he
palnll by counsel. the court doth take his b for
'esstd "a 10 the lasi mennGtd defendants. Whesupnn
tho cat. be- heard upon the BILL tn. answer
vi The President, D!fecIos y Company of the Bank Of
lie United States. The OF the defendants John
Mckinney. oi Thomas Nj Kinney, Of Samuel Branch
and OF David Bridges aud Martha his wife, with repli-
ratlons seyefally lhsfeuno made by the plaintiff except
10 he onswer u The Bank oihe United States exhibits
the examinations OF mltnesss aud was argued by counsel
on consideration Whereof the Cont being Of opinion that
the hndhg vi the JURY aud the judgment thereon, IN the
II dtra Coutt, III avur Of the cXors pi W iam Mes
Kinney, oh then plea q: fully administered, precludes
and estops the plaintiff from claiming any thing except
lo erofs IN calculation on Of the subjects COM
pohend.d and specified IN the executors settled
ard recorded before csta Of said Judgment, aud II
ihis Were not So yai that the several de5s which are
charged lii the settled accounts ot John Mex nney one
o the executors al W tam Mckinney, decd as benu
due IN the name of W lllism McKinnry Il Goa might
ghiiuy be paid by that executor uul OF the nsses OF
his lesiaor and charged IN his said execu'ua accounts
because tie satisfactorily provcn To have been
the proper individual deus ot William Mckinney aud
the plaintiff having failed by any Sufficient evidence 10
sustain his specific items OF surcnfge and Justification Of
the said executors settled sccnuns the Cunrl doth de,
eide that Is not competent Tor the plaintiff op,n sur
charge aud alsiy the said settled d, tie exec
utor John Mckinney, which had been settled and record
ed ada 9,o,e tie hndoa OF the Jury aud j1dgmenl oft Tie
permit the Saline Ia be open. But the planuii having
rghl 10 account Of The eXecutoral lrsactons which
lase happened subsequent 10 the former sediment. and
IN alnn 10 SUBJECTS not comrrehended or specified there
m The Court doth adJudGc, order and decree, that the
said executors do render befe Of The commissioners
OF this Court further account ol their administration On
Ire estate o their iesalut, On which shall be
stated their Transactions subsequent TO the foregoing TO
eor5ed settlements, passed upih by the Federal Court
htnglig duwn ihcif said transactions the date Of the
account hereby utJefed in which account may iLclu.
ded any other assets o the .esalor which has To
the hands OF bis executors at any time since his DEATH
aud which compfehended IN the settled and re-
corded account alurssad. Aud he plaintiff NAV be-
Interested the equitable of the said rsta-
-. ON his failure 10 obtain satisfaction Of his demand
of tho .sQa nssets, he may have account Of the ad-
Manifestation Vi hs equitable assets Also subs, quen the
account of that luno, whe. had been settled and re.
corded betofe the bringing Of this suit, and may be al
E lAlsItV sDg
oc Item o chaf.e contained in his BILL correct any
apparent The face OF said account and II need be-
10 change lis form and structure, but always regarding
the will oil William Mckinney governing and control.
NJ The disposition d HE equitable assets wherefore the
Guurl doth further adjndge, order and decree that the
execnloTs oil William Mckinney do render
betnre The sane commissioner Of the equitable assets,
Which have 10 lheIr hands. 10 be administered up
on the prime pies above stated. And the plaintiff desiring
II, he nay have an account Of the mercantile lranslc>
tions nj the firms Of " lllam aud Charles Mex nnev,
Of John Mckinney & Co., aud Of William Mex inney
CO., aud Oi the remaln real estate of which VII
liam Mckinney died seized and possessed, any there
he, embraced by The iorcr settled accounts and to
this END the sad executors directed produce be-
FIRE the commissioner Nho shall take the said accounts
the partnership hooks Of The several firms, aud also the
srpafa1 bo * bDUhs IF arcounts. II any. If the said
W Iillam NJ lnnpy And the Court d0th further order
that the commissioner d. lake account Of the
plann deb and OF he dsle " hen IL untracted;
also of the nd yanremenls ifany were made
10 the d'fendanis DaYid bridges ana VIE, Robert Me
Kinney and Peter Nckinney-wh hen made-th value
when nade--and the present Waite thereof, of any
part thereof aud oi the increase Of the slaves if
the hands VI any If he dendanis also account the
yearly value Of any part OF the said slaves. which may
remain in The hands u # the alleged volunteers or
those cainin! under them (cxcept Of such may he
held by pufchsse) since the death of William hcKin.
ney; and also, account OF he value OF the OF
said " illlam Mckinney both real and personal and the
anonnt Of debts by him ing the date of said adj
yancemenls. And the said commissioner is directed y,
examine and settle the several hereby or
dered aud make TtPoh thereof with any matters spe
ciay stated, deemed pertinent by himselor required by
The parties 10 DO stated Aud The plaintiff has liberty
Ia esamine the defendants il solemn form OATH on in
lerrugatoes per- inen The is, before the counis
conef, after due notice for that purpose.
CoVy-Tesie,
DAVID ROBES, Clerk
CoMMlssioEER's OFFICE. .
Lynchbnrg. Feb'y both, 1916.
mi s,ed in nrdef n