Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1853-01-20

in the Circuit Court OF jefferson County
.Jgha lFItdsrs anil BEN amin r. Tswaer Plaintiffs
AGAINST
.JahR A Voorhees, and S1iom7a Biiimger adm rs cfh
nc ciH aanexca u Conrad HittaHer. .aec'd, MIria
BH1gcr MS ,cidatc, A1yy Ellen Batmger, Susan
i'm. Rtlmycr, .Ltntcs 1isoa Bt31tyer, Et4aJcb
p,.,,... ,,tttm0er. Catherine Tirg,aia BiimYr.
anil Am u,ars i,,is,. ,'s'''a. he'fs AM ~
t'segs fstia Cgffaa Bsitmgsr a,o~e, 'aiah !, :" y
Rbtrt r. BioieH heir guardian al idfm tsaftts
poosAess G,ltfp M JAi B3impt, WHiouetbg
lemon, Mtrtia BataBsf J5h1I Bptts, CAafltS
SbeHteH. Gee bietiiGfr, eleseNi0f 81 Conrad Llek.
iiaef, deea J19 Nun, efstHtge If Ms --- MI.
ntaHi and JtAa ~ J,~ett, Defendants,
IN GllAAGERYl
E(Eklfaet from Deefee Of November 18TH lE5a)
a ND this cause, now on this 18Th day afaeyr4a
~ -bef 1897 e4Ale on % be Atafd in vacation
read and The arguments 81 enu0selE Ca epnsideFas
tloa Whef1l The said Judge doth adludge order and
decree that The Isl, anl aad lr4Rxreplans taken by
The defendant John WiIhers 10 the report OF Com
missioner Cooke, dated October 7lh, ISIS aud re-
neWed as 10 his report OF Nav Iiih 1850 be- and
9th 10Th and lilh exception OF said Wirhers 10 said
report Oh 0etuher ian 1873, likewise renewed as 10
the report OF May lilh, 1850 relate entirely TO the
account A. A. between Solomon Billmyer and Con-
rad Blmyer, and from the view which HE said
Judge has taken Of that part Of this case, on which,
alone life accOuntA A. has any bearing it is un-
necessary that they shr uldhe further considered
The 18th exception Of said Winners is sustained
to this extent, that the administrators commissions
on the sale of lands should be reduced from 5 per
cent 10 81 per cent This the Judge thinks rea-
soHable commission as The said administrators are
relieved from risk By the confirm ton o.. that sale
By the court; and more particularly because the
proceeds of said sale are chaTgpahle with commits
.sons to the Receiver Of bis court, for services
which in general would have been rendered BY the
administrators themselves: That his 18Th excep-
setion, being the same a. the I'd exception made BY
the defendant Godlip NOll TO said report Of October
18th ISIS and now renewed tothe report Of May
iiih, 1850 be, Tor the reasons given Nv the said
JUICE l4is opinion which Is filed with The IA peTs
OF thisfcdfse Sustained 10 The extent mentsoned In
saifeupinion That the exception made By the de.
frnaant Joseph NeMarran to the said report Of
May nth, 1850, be and the same Is hereby oyef.
ruled.
II is further adiudged ordered and decreed tRag
this cause be again referred to Comm'r Cooke TO
correct his report 81 Nav lith, 1850 hy allowing
to the administrators OF Centad Binyer deed
"a per cent only upon The sales made hy them OF
their testaiOrs land. And he Is further directed TO
/ ascertain the amount Of the debt owing from Con.
.s.t ~ ~ ia@y s,gseu sssii.s 10o.
mon Billmyer, u any, afler applying to The credit
thereof the proceeds received said Solomon from
lhe sales Of land made BY said Conrad to Solomon
Miller and William Kerney about the 7,h October
1870 excluding lhefetfom The amount OF said Con
RAIDS fndeb,edness 10 said purchasers; and having
70 amended his report, 10 nppoflion amongst n,
creditors of said Conrad the funds be Distributed
by said court according o ihell several priorlles
and 10 report 10 the said court at is next term Il
order to further proceedings.
A eVpy-Trsie, X. + BROWN Clerk !
CoMMlssIosER'a QFFicR.
The parties 10 the above suit are hereby notified
1 10 appear before me, al my office In ChaTesiown
/ Jefferson county, Va, at lODelock A. NJ on tn
sd dav ~ february HSrt, at which time and plac,
| / shall proceed TO execute the above decree.
z. E. COOKE, commr.
IannnruE Ias9