Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1847-05-21

~ cHANCERY.- ViRcIxIA:-Ata Superior Court Of
chancery for the Richmond Circuit, held at the Ca.
Mol. in the city Of Richmond, on the S9th day of
Philip Al. Thompson, William NJ. Thompson, Julia
Thompson, George C. Thomson, and the said Philip
NJ Thompson Trustee OF Isabella J. Suy and her chill
iren, faih'hs'
Charles Thompson in his own right, as former Trus-
lee Of Isabella J. Suy and her children, as guardian
u Philip NJ. Thompson, Vim. NJ. Thompson, Julia
i Garland Thompson, deceased, Robert NJ. Sniy and
,,h.la j. Sully his wife, Charles J. Thompson, Philip
B. WINSTON. Thomas boswell, Laney Jones, Garland
/. Sims, James Lyons, Philip b. Jones, Nathaniel
1nompso n Charles Potiie George Polite. Henry Tim
Iberlaks and Edmund {. Goodwin, Defendants:
This cause came on this day. TO be again heard on the
papers formerly read, upon Inc amended put wnich IS
.sken for confessed all the defendants therein
named, including the def ndant. Edmund T. Goodwin,
who is out of this Commonwealth, and against whom
The plaintiffs appear 10 have proceeded upon the said
am. nded bill In the manner prescribed by law, The still
falling 10 appear and answer the sainc upon the exh-
oits fled with said amended BILL and upon the report
# Commissioner Shore, made pursuant To the decree
entered herein on the day OF June, eigh-
reu hundred and forty-our, and filed the thirty
a,, day Of March, eighteen hundred and for,y-six,
with exceptions thereto taken behalf Of the plain
IFS and upon the documents returned with the said
report and was argued by counsel: On consideration
whereof the Court, without At this time confirming
osspproyng the said report, or deciding any question
or IN this cause, except so far as by this decree
may De COnHrncu, uiSdpptOfcU VI uCCiucu,
Of opinion, that Charles Thompson, the Executor of
Garland Thompson, and his surees, az such, should
be charged In addition to the amount reported to be
due on bis administration of Garland Thompsons es-
aie with the amount, principal and interest, due ON
Tho bond Joseph F. Dabney and others, after deduct
ne the payment thereon made by Charles 5. Jones,
Trustee for Nathaniel Thompson, with the legal Inter
m on such payne and should also be charged with
ae excess OF the debt and Interest due by Nathaniel
Thompson 10 Garland Thomps0n's estate, over and
nose the amount due upon the bond Of Thomas H.
Mitchell to Nathaniel Thompson, and by him assigned
10 Garland Thompson-the Court reserving for future
..:son the question, whether the said Executor and
sueties should be charged with interest on debts
tany such there be, which may have been lost by the
l.siistnce or default Of the said Executor.
And Inc Court 10 further Of opinion that, in stating
several accounts of the distributes and heirs OF the
said Garland Thompson and Of Isabella Thompson, his
late WIFE, only those disbursements and payments made
10 for them by the said Executor OUT Of the real and
personal estate in his hands, which shall be proved TO
have paid out Of the personal fund by otner evi
ence than the fact that receipts were gwen Tor them 10
he said Charles Thompson, r. Executor, should be
tnsed by the Commissioner To such disribuee'E re-
peetive Of the personal estate OF the testator and
hsi all those disbursements and payments should be
charged TO their respective portions OF the real estate
which, from The examination Of the executor, or from
ether evidence shall be proved to have been paid ont Of
he proceeds ofthe real estate or which shall DO shown
have been disbursements and payments appropriated
10 the furnishing supplies, TO the schooling other
Expenses OF the children Of the said testator; and that
The residue Of such disbursements made in each year
butees portion Of the real and personal estate In the
proportions Which the balances of the real and personal
funds the hands Of the said Executor the end Of
zach year, shall bear 10 each other.
The Court doth therefore adjndge order and decree,
that the said report of Commissioner Shore be recon-
n,led TO him, with instructions 10 reform and restate
much Of the said accounts reported by him as may
necessary under this decree TO reform and estate,
show what amount, according TO the principles
rein declared will be the balance due by the Execu
-, Charles Thompson, on account Of bis adminstra-
fha nf lie and "a hNf
amount will be the balance due by or to the several dis
'lbuees Of Garland Thompson and Isabella Thompson.
N account Of their respective shares Of the real and
PERSONAL estate of their parents, and of the disburse
nept and payments made by the said Executor for
hem out Of the same, respectively.
And the Court doth further adjudee, order and de-
bee, that the said Commissioner do enquire and ascer-
AIN from the examination OF the said Executor, Charles
thompson, from such other evidence he may be
be 10 obtain, shall be produced before him by ell
. OF the parties whether the debt ofone hundred and
ny pounds reported TO have been due TO the by
eorge g. Mitchell, on the sixth day Of July eighteen
undIed and thiytwo and any other debts due TO the
d testaor, and remaining uncollected, due and
at the time Of the death of the sai i'd testaor
were so at any subsequent period the time Of the
yoeaton Of the powers Of Charles Thompson as his
Ieu,or; and, also, whether any, and, IL any, what
uses and liabilities have been sustained or incurred by
estate Of the said testato, in consequence Of the ne
Gsnee and default Of his Executor and make report Of
result OF such enquiries TO the Court, with any ape
al matter deemed pertinent, which either party mny
eeafe 10 be specially stated.
Andthe Court doth further adndge order and Decree
Ia, The said Charles Thompson do exhibit before The
ald Commissioner all the books Of account, evidences
debt, and other papers connected with the accounts,
bu and estate OF the tesalor together with all books
nseks. receipts and other papers connected with his
wn accounts executor, or in the management and
disbursement of the proceeds Of the real estate Of the
aid Garland Thompson and Isabella Thompson, which
De said Commissioner, or the plaintiffs or either of
BEN, may require him 10 produce, necessary to the
aemept ofthe said acconnts-all which accounts the
1nnm isatAr 1tAAf ttra tnfn a1tA
as and report to the Court, wih any matter special
nasd, deemed pertinent by himself, or which may
srquled BY either Of the parties to be so stated.
A Copy. Teste,