Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1847-05-07

IN RY.-vIRGIsIA:-At a Sup-r0 Ctr.
Chancery for the Richmond Circuit, held ltt 4
pilol, in the city OF Richmond, ON the ssn d.
March, 1877
Philip N. Thompson, William ". TLompsn 3.
Thompson, George &. Thomson, and the sac l.
NJ. Thompson, Trustee Of Isabella }. snllS an1h,td.
dren. PlaBuf
against
Charles Thompson in his own right, ~ icrGt, u,
lee OF Isabella J. Suly and her children a. .uia
of PhIIip Nj. Thompson, WIN. NJ. Thompson
Thompson and George G. Thompson, an a EIsc
of Garland Thompson, deceased, Robert I. Sol, q
Isabella J. Sully his wife, Charles J. 'hoI 2'on. y
H. Winston Thomas boswell, Lantv j. s. Gsf,
l.. Sims. James Lyons, Philip b. J"n' t4ih.
Thompson, Charles Polite, George Poii. tenn 4
berlake and Edmund Z. Goodwin, .noalb
This cause came on this day, 10 be again eart Of
papers formerly read, upon the amended b IL
taken for confessed rs all the deiend.t,, her
named, including the defendant. Edmund q. Gccts I
who Is out of this Commonwealth, and az o. ~ ]
the plaintiffs appear TO have proceeded upoa -,
amended bill In the manner prescribed BY laa, T..
failing 10 appear and answer the same, upon !,
bits filed with said amended bill. and upon .Ae
Of Commissioner Shore, made pursuant 10 ,ar dre
entered herein on the twenty-sath day tl Jfrr,s
teen hundred and forty-iour, and hled on hs ~
first day Of March, eighteen hundred IND oi
with exceptions thereto taken on behalf Of ,tr lii
tiIs, and upon the documents returned sit he
report, and was argued by counsel On con,iep |
whereof, the Court, without ut this time coaa'Eit.
disappearing the said report, or drcliE. an! Gg,s
or matter In this cause, except SO far a. by ~. q,
the same may be confirmed, disapprnvrG ~ dee
of opinion that Charles Thompson. Tie Ew0N
Garland Thompson, and his sureties, IL sud-. -
be charged, IN addition 10 the amount p"is. |
due on his administration al Garland Iaohi3 \
tate, with the amount, principal and inrfes', o.,
the bond OF Joseph +. Dabncy and others, a9g itta
inC the payment thereon made by Charlie :. ~
Trustee for Nathaniel Thompson, with ihr l. ~,
est on such payment; and should also be o'a.stS .
the excess OF the debt and Interest due ~ Aahl
Thompson TO Garland Thompson's estate, orr
above the amount due upon The bond a 11omh
Mitchell TO Nathaniel Thompson, and by hln a''lr
10 Garland Thompson-ihe Court reseivn. loi =.
decision the question, whether the said Esetsi@
his suretirs should be charged with Interest % -
IL any such there he, which may have been 1911
negligence or default of the said Executor.
And the Court is further of opinion, that, y ~
the several accounts OF the distributes and A'r'G
said Garland Thompson, and OF Isabella l"oz1s'a
late wife only those disbursements and 7aynl'bt
10 or for them by the said Executor oat 81 liz '.a
personal estate in his hanrs, which sDail % F.''s
have been paid out of the personal iund b! ~"
dence than The fact that receipts were given "
the said Charles Thompson, as Executor, no.
charged by the Commissioner to shcD dislfil.'
spectiye share Of the personal estate ni Inc tes.
that all those disbursements ana payments 'pg'
charged Ia their respective portions OF inc "a =
which, from the examination oi the e1ren'"
other evidence, shall be proved TO have been 20
the proceeds Of the real estate, or which shal -
TO have been disbursements and payments a'T'F
TO the furnishing supplies, or TO the schoolse q
expenses of the children OF the said test9,r az
The residue Of such disbursements made u RAJ
should be- apporlioned between and charged % rai
tributee's portion Of the real and personal r1at
proportions which the balances Of the real ard ~
funds In the hands Of the said Executor, nj ~ q
each year, shall bear TO each other
The Court doth therefore adjndge, order ard q
that the said report of Commissioner Shore q =
mitted 10 him, with instructions TO reform sff :"
so much Of the said accounts reported by hin
br necessary under this decree to reform a1d ~
20 as 10 show what amount, according TO thr f
herein declared, will be the balance due BY u
tor, Charles Thompson, on account of his adh
ton Of the personal estate OF his trsta'of ~
amount will be the balance due by or TO ihr srsdl
tributes Of Garland Thompson and Isabella lt.a
on account Of their respective shares 81 me n
personal estate Of their parents, and Of lhe q,
ments and payments made BY the said EtecG@
them out Of the same, respectively.
And the Court doth further adjndge, nrstf Y
cree that the said Commissioner do enquire =,
tain from the examination of the said Executof
THOMPSON, or from such other evidence a. n
able 10 obtain, or as shall be produced before j.
Their OF the pariies, whether the debt OF one hnh'
nfty hounds reported 10 have been due 10 lhris't
George c. Mitchell, on the sixth day Of July. :.
hundred and thrty-two, and any other debts ~
said testator, and remaining uncollected. weis
recoverable al the time Of the death of the sad I"
or were so At any subsequent period to tue wv
Executor; and, also, whether any, and, !! ~
losses and liabilities have been sustained OF ih'.
the estate OF the said testator, in consequent
pllpencc and default Of his Executor, and MAKE y
the result of such enquiries 10 The Court, WIZ
cal matter deemed pertinent, orwhch eiih1 J"
require to be specially stated.
And the Court doth further adjndge, order az.
that the said Charles Thompson do e,hioh
SAID Commissioner all the books Of account t
OF debt. and other papers connected with ins :
debts and estate OF the testator, together WIN
checks, receipts and other papers eonr,ee"
own accounts az executor, or In the man's..s..(
disbursement Of the proceeds Of the r.oi t''1p
said Garland Thompson aud Isabella Tnrmp
The said Commissioner, or the plsin'as'
them, may require him to produce, a. netts''
settlement ofthe said accountsi-ali when a..
said Commissioner Is directed 10 enquire
settle, and report to the Court, with AM ma
~ stated. deemed pertinent by himself, % ,' :"
be required by either Of the parties to be - ~
eg ppnJ;,rt,aTiS ROBERT: