The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1871-04-04

.copMIsHIoEER's OFFICER
RICHMOND, March 2l.s197I. {

- ~, a'm t"e uecless entered by thu EircnIt Cour
~ m Ine clty OF RIchmoUf In the chencery suit o
Miller,s executor ag sirst the Board OF Inc Lite
rarT Fund and othsrs, tho one tk cree enterstl n,
sne arm OK March 1871, and the other on The q III
VIRGINIA: IT:
IN u the c,egk Court Of the city Of Richmond
Nl,holss III. Psge, executor of s,muel Miller, do
ara Ina; '.'..'...''.........."... ..Piaintlf
The Board Of the Literary Fund ana Others. pms
- - IN cHAScEEY.
On notionofthc plaintiff leave ia given tn file his
the Board OF Edaca'ion party defendant !: anS
on motion or said defendant by counsel. ie i've IL
given TO, ate his answer, which was thereupon
piled generally. and 1t appearing that the pIainL,
ha, proceeded In the mode prescribed bv Law
aga'nst Inc the nEo Ion defendants, Sarah
Christian name 70 unknown; sarah j,
Lee. the younger, and others whose usmes and
number are unknown. children and descen donts
HODGES y trustees lor the said sara sarah J. Leg the
elder, and her issue; WIN. $. Peterson and Wini-
freq, nj his Etre who was formerly WInifred Miller
0:man Peterson, VIM, Arthur Peterson, Eunice
Peterson and harles Peterson. the last four of
whom are infant children Of Vim. s. Peterson
and Winifred; h!s wife Midllu Lorents, trustee
| for the said W!nifced Peterson, and Prudence G..
Miller aud theIc Issue res cectiyely; Henry La
zenoy. Edward 3. Butler, and y. E: Wilson. his
assignee In bankruptcy; jesse Miller and Lucy
Jesse Miler and Lucy w., Ills Vie; tlaiborn eS B.
pe.soq. husband Of the said susen Deison; and
VIM. Indian Detson. Sarah j.. Uei5Cn, Geo. W
neison, Lucy W. Qneen. Mary Sussn Deison,
Martha neison, ana Samuel De,:on, TIE last four
Delson; Anthony Queen HUSBAND Of SIT the e said
Lucy ": Queen NJ hin Lorentz. who is named
In the elh clause OF the will trustee for the sal
and hea be ssS Jesse
az trustee In the place of The said Mifltn Loren:z:
henry N; Hodges, trustee for Willie Ann, for
Yanery. Field, Mary Hodge, Rose, fo meriy
save or samuel Miller. deces sed; Edward , dams
ana Martina his wife Antoniets Hammersy, The
whose number and names are unknown and thew
III falling TO appear. p.
Alfred Shield guardian ad item 70 tho ntsnt I
PENDANTS, Robert W. Davidson James M, David
son, John davidson, Samuel Miller Davidson,
Bennett Marion D Ividson. and Albert =. David,
son, children Of Mary y. Davidson; Sarah j. Zee.
the younger, and others, whose names ave un-
known. children and descendants of Sarah j. Ire,
SON, Eunlce Peterson, and Oh rles Peterson. in
FAINT childcen of VIM. s. Peterson ana " .n,}red
us VII, Mary Susan Deison marth ! u els On, and
son and tue CHILDREN and descendants of Elias j
Daniel, whose number and names are unknown
VINO inereupon filed the answer of all the said In.
Iant uelcndantS.. Ana on motion OF the dsieu,I.nt
swer, to which the plaintiff. by COUNSEL, repi led
heard on the bills taken for Confessed as Sn 70 re
Board Of the Literary Fund, John w. Wripht
crier OF the Chtncsry Court Of the city OF Kich,,
G. Miller and klias j. Daniel, decreased: Larrot
/. Watson, trustee for Mary D. davidson aud her
children A AThiSs p. Raeser John s. Lang
and Kitty his wife. Ambrose 4. Woodruff. trms;.a
for Willie ann The Lynchhurg Female orphan
sylum, Re j. Wayles Pc klns, Lemuel g. white White
John j. Ferrill George W. DabLey, and ;ucy
Otey; upon the answers Of the county OF kl,c.
ma lie, Mary d. Davidson, AIMS Davidson James
county Of GaTpnell, the answers Of the infant de-
fendant, to the orr NAL and both amended bills,
by their guardian ad ltem and the answer CT the
swers the exhibits ii ed the petition of Jesse Mil
Ter, and was argued by counsel On ocrsidcra-
tion whsr OF the coar. without at this lime decid.
i"g, any questions IN the cause, except su"h as
oICcr, and decree, that Thomas j. vans, hne Of
the commits :loi ers OF this cou I, do take, state
AID settle Ih4 account Of the plaintiff, Mich u
NJ. Page. OF his transactions as executor Of Sam.
ucl Mler, ed. from the tie OF MS gu ratification
as such executor t, tie time OF tax ng the account
herein directed, and th.t the said commissioners
lake as.he bssis Of his report upon tire III &C.
count the &c pdrts account OF the said Page q
such executor, settled by Commissioner 4. J.
Evans for The first year or his administration, ant
make report thereof to this court.
And the said plaintiff is directed to render his
account rs executor before The said no mis-.
sioaer, and to produce heio said cnmmissiorei
such books and papers of his tes,ator IN his ..
session Sc such commissioner shall call for AND
dasi e to examine. And the said commissioner /:
furlhcr directed to make the following Inquiries
ar. make report thereof to court, tor ethlr W Ii
the evidence which he shall taae, or which Shall
be produced before him By any of the p .rties In
tsrested in respsctto tie matt rs SO 10 DC inquired
OF 10y him. To wit:
list. How much OF the five per cent. stock Of the
State OF Indiana WAS possessed by tn: testator,
date of nls WILL and how much of stid stock the
said Miller possessed Ut the date OF his DEATH and
when and under hat circumstances allenalioha
OF sa!a stock III ANY, were made, ither by said
Miller, against his coDseut after The cate OF his
will. and that vas the value said stock In the
IN srkvt at the date Of s+ld Miller's death. q.
mulch stock Oi the Bank OF Kentucky the teStator
had al the lite OF his will. taprtl l, 1889 how
much the, cot he subsequently ailensd. and under
what circumstances and the market Vaiue tEeIeoi
Der share at the date OF his ded.h.
81. That said commissioner .qulre wHen Pre-
deuce u. Miller died, whather she Jeff any Issue Of
her bod Surviving her, and, If AM, whit issue.
4!ll. I lat lie also enquire whether the s-iu Sam
uel Miller had any, and, II any, what am Junt of
the Little Rock Railroad comp any and thc .;tate
OF Tennessee al the date of his viii and ut Tie date
Of his death, and the market value of such lold5
Il. The cate Oh Tie testator's death. ~
Stu. THa, &c also iDqalrc NJ what dates Inc GUS
OF slv 900 Of Virginia bonus, tie three bonds Of
the vlrg-ia Military institute Of slGg each. and
tbr five bouu; Of the Nashville and CHATEAU DC ga
KaIlrcad Company of $1,000 each, were severalIy
made to Mar, ID. Davidson, as mentioned IN her
answer; whether any other gifts ware mace TO the
said Mary u. davidson alter the dale OF said VIII
besides those so mentioned, Tho yeluc OF each OF
said gifts 4. ihs time when made, IOseler with all
the Facts which be can Ascertain 'endias to throw
l. on. u0ul IN, question, whether or not said gifs
,ere int led by the testator to be in ,.lsiaCtl0n
OF the lesac! given by tn: seventh CLAUSE OF ms
viii f. Watson III trust for the benefit OF said
nary -. H..y dson, either ia whole or In part
6.n. hat he also inquire mhat Was tie GATE of
the sale by the tcstato7 rf the house and tenement
ny the eighth clause of said will to Koucrt W. Da-
wilson, he amount OF the purchase money, 4Id ny
whom collected and tEe facts aid circumstances
come. ted with such sale.
7lh. That he also inquire whether the paper OF
the 18th ~ OF July, lses, copy OF which Is He'd
nurDortinr to be deed from said Samuel Miller
conyeving to James 81. Davidson and John Da-
wilson the tract Of land in Roc, bridge county
cslled TIL. Bepler Farm, were ever delivered, so as
to vest any title to The properly thcic'n men
toned in the said James ID. and Joh? davidson,
and take and return 10 court the evidence upon
which his conclusions upon the subject are based
ana that he further inquire into and report the
facts tending to show whether or not 1t was the
intention OF me s 81 Se p IN and tenth Clauses
Of his will 10 j ames NJ. and John Dayid3orof the
real estate In lhe CITY or ktchmond In The said
INQUIRE and report what was the relation or the
testator To the i've sons OF Mary u. Davidson IN
the Will mentioned.
tor sold the tract OF land In tire State OF Missouri
devised by the twelfth clause ofh1s VIII 10 BehLett
Marion davidson, and The AMOUNT ior ~nicn y.
was sold, and the date Of the gift 10 ssd beHne'
Marion Davidson OF the $4,000 OF bonds II
the c.ty Of i.yncnburg, and any facts tending T.
show with what intention the said bonds of the
city OF Lyncnbur2 were so given also, the 'aire
of aid bonds ut the dale they wtre sogiven.
10th. That he also Inquire what was the value OF
the Interest conveyed by the deed filed as ex15i.
Kelso ,or the beuefs Of y lille Ann kelso, and
the fact teuding TO show with what intention tie
testator executed The said deed; and also, that he
fnouire of and report the facts touching the suit at
law brought By said While Ann kelso against the
ulainttt and the arbitration and award In the Dill
NJ IN show what was the subJect-m after or the
sor.-anrn and vhat uuCstiOns were passed upon