The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1871-04-13
gOURT ORrnW 10.
- coYKfss1o vk1s,g OFFICE; {,
pYryrs1rr.torp Mareff n 1afi

Miiler,s executor against Che Board or fhe Lite
rary Fund and others. the one dc cree entered OF
the 9TH OF March. 1871 and the other on the nth
March, 1871 Z:
VIRGINIA:
in tke Circuit Court Of the. city erRteamond
Nicholas b. Page, executor Of Samuel Miller. de
ceased .....'fiains,n
The Board OF the Literary Fund and others. D. rs
IN CHANCEEY.
On motion oftbs plaintiff leave given to Gle hi,
second amended and supplemental bills. maktnt
the Board Of Education party deiendant; am
given to file his answer, Which was tnereppoI
piled generally. and it appearing that the plaintiff
against the. nonresident defendants, sar rat
Lee, the, the younger, and others whose names anc
n ny 1hs sa aFe SaraR j. Len the
Hodges, Jr, trustee for the said sarah5. Lee, tne
elder, and her Issue; VIM. ). Peterson and Wni-
Wife Of George washington Miller. deceased
Osman Peterson, VIM. Arthur Peterson, Eunfce
Peterson. and tharIes Peterson, the last four Of
and Winifred his wife; Mifain Lorentz, trustee
for the said Winifred Peterson, and Prudence g.
Muller and Their sDs q Wso5 his
", bis wife Susan Gelson, daughter Of said
Jesse Miller and L ~ vs. 6esop
VIM. indian Deison. Sarah P. Ueison, Geo. W.
Deison, Lucy W. Queen, Mary Susan Deison,
Martha Deison and s2mde Deson m tse ea ass
I paes9 Queen; 81 hin Ioreniz, WIN. Is named
H # s W. sr sSd
son and her children and the said jesse Miller.
trustee in the place OF the SAID 1iinln Lorentz
meriy slave OF the said Samuel Miller; Mildred
YaDery Field, Mary Hodge, Rose, formerly
slave If Samuel Miller, deceased; coward dams
children and descendants Of Elias j.. DANIEL
whose number and names are unknown; and they
On motion Of the plaintiff, the court doth assign
Alfred Shield guardian ad item 70 the infant de-
PENDANTS, Robert W. Davidson, James n. David
SON. John I;ayiGsond samuel and abert & nsyjd,
son, children or Mary ". Davidson; sarah y. Lee,
the Younger, and others, whose names are un-
known children and descendants Oh saran .; Ms,
SON. Eunice Peterson, and Oh rles Peter SOD, In
FAINT children OF VIM. .. Peterson and Winifred,
his WIFI: Mary Susan Delson. Martha Deison, and
Samuel M Deiscn, infant children of susan Del
sou ; ana tue children and descendants OF elias .
Daniel whose NUMBER anG names are ibe sadS n
FAINT defendants. And on motion OF the aelendant,
Anna Davidson, leave Is given her to ME her an.
swer, to which !he plaintiff. oy counsel Iephe ea
Heard on the bills taken for confessed az to the
Board Of the Literary Fund, John ". Wright,
cr,er of the Chancery Court Of the city OF Rich
mond, and committee administrator Of Prudence
G. Miller ana = has j. Daniel deceased; Garrett
F. Watson, trustee for Mary ID. Davidson and her
horne and ELF abeth his wife, Thomas l.. W alker
q nd Kitty his wife, Ambrose r. Woodruff, trustee
for While Ann The Lynchou:g Female Orphan
John j. Ferrill, George W. Dabtey, and Lucy
Otey upon the answers or the county OF Albt-
marie, Mary d: Davidson, Anna Davidson. James
county of Campbell, the answers Of the infant de-
PENDANTS to the ori inal and both amended bills,
by their guardian ad Item, ana the answer o. the
swcrs the exhibits flied, the petit or Jesse MIL
Ter, and was argued by counsel. On cons1dera-
ton whereof the court without at this time dectd-
Ing any questions in the cause, except such 20
are hereinafter expressly passed on, dota aGjud2e,
order, and decree, that Thomas j. fvsns, one OF
The commissioners OF this cou t. do TAXI, state,
aud settle the account OF the plaln.if, Nicholas
NJ Page OF his transactions as executor of Sam
uel Miller, Decd from the date of nis qualification
as such executor to the time OF TAX ng the account
cerein dill ected, and that the said commissioner
AXE as the basis of his report upon the sid &C
,uch executor, settled by Commissioner T. j.
Evans for The first year OF his administration, and
make report thereof to this court.
And the said plaintiff is directed TO render his
account as executor before the said Commits
;ioner, and to produce befo said commissioner /
such books and papers Of his testator IN his pos.
session as such commissioner shall! call for and |
lesire TO examine. And the said commissioner Is
nrther directed to make the following inquiries
md make report thereof to court, together with
he evidence which he shall take, or which shalt !
De produced before him bv any Of the parties in
crested in respectto the matt SO 70 be inquired
LIST. How much OF the five per cent. stock of the ,
state of Indiana was possessed by the testator,
,amuel Miller, on the Let d.y Of April, 1852 the
late of his will, and how much OF said stock the
aid Miller POSSESSED at the date of his death, and
Yhen and under .hat circumstances alterations
If said stock If any) were made, either by said
tilcr or against his consent after lhe date OF ms
market at the date OF SAID Miller's death.
I'd. Also, that said commissioner fnquirShow
much stock OF the Bank OF Kentucky the testator
lad at The date of his will, (Apru !, 1852 how
much thei eof he subsequently aliened, and under
What stu aEd me value seof
81. That said commissioner Inquire when Pru-
lence e. Miller died, whether she left any issue Of
Ter body surviving her, and, Y any, what Issue.
lel Miller had any, and II any, what amount or |
he bonds OF the city Of Memphis. guaranteed by |
he Little Rock Railroad Company and the state |
II Tennessee ut the date of his will and at the date
II his death, and the market value Of such bonds
It the date OF The testator's death.
# $40, 600 of Virginia bonds, the three bonds of
he Virginia Military Institute Of Sle0 each, and |
he five bonds OF the Nashville and Chattanooga |
railroad Company OF $1,000 each, were severally |
made to Mary d. davidson, as mentioned in her |
answer; whether any other gifts were made to the
aid Mary u. Davidson alter the dale of said Will |
BESIDES those so mentioned, the value of each Of
aid gifts at the time when made. Together with all
he facts which he can ascertain tending to throw
,ght upon the question, whether or not said gifs
we're intended by the testator to be in
# the legacy given by the seventh clause OF his .
will to g. f. Watson In trust for the benefit or said
dary -. Davidson, either In whole or In part.
y 9Th. That he also inquire what was the GATE of
he sale by the testator OF the house and tenement
N Main street In the city OF Richmond devised |
'idson, he amount OF the purchase money, and by
Vnom collected, anu tie 1acts and circumstances
connected with such SALE |
7th. 1hat he also inquire whether the paper Of
lie 18th ~ OF July, 1885, IA copy OF which 10 filed
IS exhibit +, with the plaintiffs original billl
conveying to James n. Davidson and John Da-
;idson the tract Of land in Rock bridge county
,1i!ed tue Hepler Farm, were ever delivered, as
sad james r. and JOHN
Ind take and return 70 court the evidence upon |
which his conclusions upon the subject are based
lnd that he further inquire Into and report the /
acts tending to show whether or not 1t was the |
mention of The testator, III making said deed, to
evoke the devise in the ninth and tenth clauses
II his will to james NJ. and John Davidson OF The
.eal estate in The city OF Richmond in the said
ninth nd tenth clauses mentioned; and that he
estator to the i've sons OK Mary D. Davidson, In
he will mentioned.
9Th. hat he also inquire at what date the tesla
or sold the tract OF land In tie State OF missouri
devised by the twelfth clause OF his will to Bennett
Marion davidson, and the amount for which it
sold, and the date Of the gift TO said Bennett
Marion DaVlQSOn OF the &fV,OVo Oh DOn0S OF
he city OF Iynchburg, and any facts tending to
how with what intention the said bonds Of the
,lty Of Lyncnburg were so given also, the value
10th. that he also inquire what was the value OF
he interest conveyed Dy the deed, fled as exhibit
With the Se S hy ha to Allen
he facts tending to show with what intention the
estator executed the said deed: and, also that he
INQUIRE of and report the facts touching the suit Mt
aw brought by said Wine Ann Kelso against the
plaintiff and the arbitration and award In the bill
ind the answer Of said Willie Ann mentioned. so
Is to show what was the subJect-matter or the
and what questions were passed upon
md decided by the ar6trstors.
18th. That he also inquire whether tho $1,000 OF
he five per cent. stock of the State OF INDIANA,
he stock the Bank OF Kentucky, and The Ph,la-
ielphia city loan stock, now belonging to the es-
ate OF the testator and the five per cent stock of
,een condscased, WAS owned by the lestator at the