The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1868-08-26
ADVERTISEMENTS.
COMMISSIONERS NOTICE.
George L. Clemmcr, Ex'or, \
VIM. X. Clen,mer &c.

w m N, Clcnlmer &c.
This cause came on this day to be heard
on the bill and supplemental bill and exhibits
Herewith the answer of VIM. K. Clemme,
and exhibits Herewith and the deposition o.
witness and it appearing to the Court that
Spas have been returned duly executed
against all the other defendants in the
cause both original and supplemental more
than two months before this term and they
still failing to appear and file their an
swers the bills as to them are taken fol-
confessed. 1t further appears to the Court
that the absent Defendants to the suppl
mental bill VIM. Beard and John Greek.
and Ann c. Creek, his wife, not having
entered their appearance, an order of pub
LEGATION against them has been duly exc
cnted more than two months before the
present term of this Court, and the said
causes having been argued by Counsel on
consideration thereof, the court is of
opinion land does adjudge,o order and decree
that the award made by Jocob Baylor,
VIM. S. Sproul and Samuel x. Kerr, on
the l4th of August, 1868, between the
Plaintiff, as Ex'or, aforesaid, and the De-
PENDANTS, VIM. X. Clemmer, complained of
in Plaintiffs bill is not final award be-
tween the parties interested therein, but
that the same is void for want of fnrmali-
ty, and is hereby set aside and annu1led to
all intents and purposes, and it is further
adjudged, ordered and decreed, that this
Cause be and is hereby referred to one Of
the master Commissioners of this Court,
whose duty it shall be to take, state and
settle, and report to this Court the execu-
torial accounts of the Plaintiff, as Ex'or
of Geo. L. Clemmer, Decd, with said
estate, and also, distribution account as
between the Plaintiff as Ex'or, and the
Defendant VIM. X. Clemmer, aud all
the other legatees Of L. Clemmer, Decd,
and publication in the Court paper Of
this Court, of the time and place for set
thing said account shall be considered good
and sufficient notice of the same, as to all
the parties, concerned, except the said
VIM. K. Clemmer, who shall be served
with personal notice, aud said Comm'r is
authorized to proceed in the absence of
either party, who having had due notice
of his primary appointments and adjourn
ments shall fail to attend, and all parties
are at liberty to take any additional testi-
mony before said Commissioners, caloula-
ted to throw light on the questions involv-
ed, and said Commissioner is authorized
and required to report specially any mat
ter required to be so reported by either Of
the parties.
COMMISSIONERS OFFICE,
Staunton, Va, Aug. IL, 1868.
I hereby give notice to all parties con-
cerned in the subject of the foregoing de.
cree, rendered by the Circuit Court for
county, on the goth day Of June,
1868, that the undersigned one of the mas
ter Commissioners of said Court, has fixed
upon Wednesday, the 10th day of septem
Der, 1868, at my Office in the town of
Staunton, to execute so much Of the said
decree as is referred to master Commits
sioner Of said Court. Given under my
hand as Commissioner aforesaid.
ORLANDO SMITH,
aug l2-4t Com'r.