The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-05-04

NTIRGINIA.-Ata circuit court of the
Y city of Richmond, held ut the courtroom In
the said city on Thursday the Z4th day of Fcbrua-
Tue President, Directors and Company of the
Bank Of Virginia, and Samuel G. Tardy and Da-
yld j. Saunders, general assignees or said bank,
suc!ng for the benefit Of themselves and Ill other
creditors Of john Tyler deceased .Plaintits,
againS.
julia G. Tyler. cxecutrx fJohn Tyler, deceased,
and III her own right AZ t!vsee, and David G.
TYlcr, john Alexander Tyler, julia Tyler,
Lucklan ryler, Lionel Tyler, Fitzwalter Tyler,
Pearl tyler, infant child.en and devisecs Of said
john Tyler, deceased, W. j. Newton and 9. X.
Mallory. defendants,
This cause having been removed TO this court by
CON ent OF parties, by Orcr OF the circuit court or
Charles City county, of November term, 1859, u Is
now ordered that the same be- docktted In this
court, and the cause coming Oh by consent to be
heard Oh the papers formerly read; and on the re-
port Of Comniss 1ncr Waddell, taken and return
cd to court under former decree rendered herein,
and on the exceptions Fled to said report by the
plaintiffs, and also the petition of President
and masters, professors OF the College Of Will
liam and NJ iry in Virginia, and the exhibits filed
with said petition this day filed by the leave OF the
court. and was argued by counsel on considera-
tion whereof the Court, without deciding on the ex-
ccption to the said report OF Commissioner Wac
DELL doth adudge. order, and decree, that said re-
port be rccoinmilt.d to one Of the commissioners
this court, with instructions to tax an account
of al other claims against the estate OF John 1y-
DccIally of the claim Of the petitioner above re-
ierred TO- and also do take further evidence OF the
claim of the defendant, Mia Gardner Tyler, 10 the
real estate of the decedent in Elizabeth City coun-
ty and to report the said evidence 10 the court.
And IL Is further ordered That the defendant,
julia Gardner Tyler, eXccutrix OF said John Ty-
Ier deceased, render before said commissioner an
account of hcrt ansactions AZ such executrix and
OF the assets her said cstator which come to her
hands. or by due diligence should have been col
lected by her, and whether the same be now spe-
| rate or desperate, which accounts she was
| directed to render by an order entered In
this cause 1T the May term, lses OF Charles City
| circuit court, and which account 1t appears
| from tn report OF said Commissioner Waddel
| has not been stated by him. although her youch'
ers were submiltt to him, the said commissioner
will give notice by publication In the mode pre-
scrlbed by law, of the time and place Of executing
| this decree, IN some newspaper published In The
| city OF Richmond. which shall bc equivalent t.
! personal service on the parties, which said nc
counts, with any other accounts or natter
deemed pertinent by the commissioner, or re
qurei by any other parties to be stated, the sale
Commissioner is required to report and state an
| report to the court without delay: and the sail
| commissioner Is authorized to examin: any claim
| mt or party in solemn form IL required by an,
| party 10 do so, or deemed necessary BY himself
| and In making his invcstigitl lous the said cots
missioner shall not be conclusively bound by an,
| opinion expressed by Commissioner Waddell
but may reopen and hear and require evidenc
US to any claim boforc him, treating such opinion
Of said commissioner only as prtDad (dctG correct
| 4 copy-Teste