The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1871-03-22
COun,r 0RDERs.
coaMIss1oHER's OFFICE, |
YrcuHoEf,, March 81. 1871.

Miller,s executor against the Board OF the Etc.
Eg m n saa ST. s osr On
March, 1871: - tSE
VIRGINIA: s,..-.,,-. ~. 49,
II, the Circuit Court Of the city Of Richmond,
Niea oi Ii. Page. executor OF Samuel Miller. de-
ceased, fia'nt'n'
The Board of the Literary Fund and Others. p'hs'
On motion ofthe platntih leave IS given 20 me ms
second amended snd supplemental bills: making
the Board Of Hdaca.ion party delendans anc e
given to fle his answer, which was ethereupon
filed. to which answer tee plaintiff by council re-
piled generas and IT. appeas'ng ,bas pbn
against the nonresident defendants, Sarah
j. ZEE and her husband. - Lee, whose
G ee tbe younger and Others whose and
| number are unknown. children ana oescencan.s
the said sarah j. Lee, the e saea Ies the
elder, and her issue; VIM. =. Peterson and Win-
fred, bis wife, who was formerly Winifrsd mil!eT
wife OF George Washington Milier oeGsasec . !,
| Peterson and harles Peterson. the last four OF
whom are infant childeen Of VIM: 3. ee ,attea
and Mip aag nf and O.
Miller and their issue, respectively; Henry La La
zenby Edward B. RutlHr, and ID. e; Wlisoni m,s
W, his wife; Susan Deison, a, daughter Of said
Jesse Mller and Lucy w. his wife; Claiborne b:
i Dpison husband of the said Susen Dels0n 1nu
Se n nnu Lucy ". oneen. Mary Susan Deison,
Martha Deison and samuel Deison, the iass Tour
OF whom are infant children Of the sa1d snsa 70
DeisoD Anthony Queen, husband OF the sal9
Lucy W. Queen; Mrflln Lorentz, who Is named med
in the 9Th Clause Of the will as trustee FOR the sao
Jesse Miller and Lucy Miller ana as sasH MiIer
IS trustee in the place OF the esid Minln
Henry N. Hodges, trustee for WINE ann ,or
Wery s Eed Of M sns saa aSdae Rose formerly
Slave OF Samuel miller. decea sed; Edward DAMS
and artha, his wife Antoniete Hammers,s, Ing
children and descendants OF Elias d. DANIEL,
whose number and names are unknown ana they
On motion Of the pl sintif the cours aGef ~
PENDANTS, Robert W. Davidson, james n. David
fSn sah marap psvIdson and Albert E. syd
SON children OF Mary -. Davidson; Sarah .. Lee,
the Younger, and others, whose names are uh-
known, children and descenaaats OF r,bnr peteT.
SON hunice Peterson, and CHI rles Pete SOM In
fant children of VIM. :. Peterson ana Wlnifrea,
Samuel ii. Deison, infant children Of susan D1i-
son ana tue CHILDREN and descendants OF Elias y.
Daniel. whose number and names are unRa6wn,
FAINT defendants. And on motion or the deienoant'
Anna dson, leave Is givsn her to hls her an;
swer, to which the plaintiff. by counsel, replied
generally; snd thereupon this cause came on TO be
heard on the bills taken for confessed as 70 the
Board Of the Literary Fund, John W. WTiRht'
crier of the Chircery Court of the city or Rich
nond, and committee administrator OF Prudence
G. Miller and elias j. Daniel, deceased; Garrett
Children Ambrose r. Rucser, John :. Lang
horne and Elizabeth his wife, Thomas l.; Walker
and Kitty his wife. Ambrose K. Woodruh, trustee
Asylum, Be j. Wayles Pc kins, Lemuel G. White,
John j. Ferrill. George W. DabLey, ana Lucy
Otey upon the answers OF the county OF AIDE
matle Mary D. Davidson, Anna Davidson. James
Miller, Edward b. Butler, Willie ann kelso the
county of Campbell, tue answers or the infant ne
PENDANTS to the orr sinal and both amended bills,
by their guardian ad liten, and the answer Of the
Board of Educatop the replication to SAID an
swers the exhibits ed the petition OF Jesse Mil
Ter, and was argued by counsel. ON consldera-
ton whereof the court without at this time decid-
leg any questions Ill the cause, except such as
are hereinafter expressly passed on dotu aoJudge.
the commissioners Of this cou:t, do take, state,
and settle the account Of the plaintiff NICHOLS
NJ. Page, OF his transactions as executor OF sam
uel Miller decd from the date Of mis- qualification
such executor to the time or tax ng the account
herein directed, and that the said commissioner
lake as The basis of his report upon the s.id &C
count the ca pdrte account of the said Page rs
such executor, settled by Commissioner L. d:
Evans for he first year or 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
sioner, and to produce before said commissioner
such books ami papers of his testator IN ms os.
session as such commissioner shall call for and
desire to examine. And the said commissioner Is
further directed to make the following Inquiries
the evidence which he shall take, or which shall
De producsd before him by any OF the parties In
ter.sted in respect to the matte so to be inquired
OF by him, to wit:
LIST. how much OF the five per cent. stock of the
stale of Indiana was possessed by lh9 testator,
,amueI Miller, on the Isl d'y Of april, 1859, me
date of his will, and how much OF said stock the
said Miller Possessed III the date of his death, and
when and under oh circumstances alterations
M Ss. against his consent after the date of his
will and what was the value said stock In the
market at the date of said Mlller's death.
much stock OF the Bank of Kentucky the testator
much the. eof he subsequently allened, and under
what circumstances, and the market value tnefeof
per share at the date of his dea: n.
Sd. That said commissioner inqufrc when Pru-
dence e. Miller died, whether she left any issue or
her body surviving her. and, If any, what issue.
4th. Tlat he also enquire whether the SAID SAD
uel Miller had any, and, II any, what amount OF
the bonds OF the city OF Memphis, guaranteed by
the Little Rock Railroad Comp any and the state
OF Tennessee at the date Of his will ard at he date
OF his death, and the market va ue Of such bonds
at the date OF The testator's death.
5th. Tina. lie also inquire at what dates the gifts
Of $40, 900 Of Virginia bonds, the three bonds OF
the Virginia Military Institute Of 300 each, and
the FIVE bonds OF the Nashville and Chattanooga
Railroad Company of $1,000 each, were seyeraliy
made to Mary ID. Davidson. as mentioned In her
answer; whether any other gifts were made to the
said Mary ID. Davidson aitec the dale Of said Will
besides those so mentioned, The Value of each Of
said gifts at the time when made, Together with all
light upon the question, whether or not said gits
we're intended by the testator to be In satisfaction
OF the legacy given by the seventh clause OF his
will to 6. f. Watson in trust for the benefit OF said
Mary -. Davidson, either In whole or In part.
9Th. That he also inquire what was the date OF
the sale by the tcsator OF the house and tenement
Oh Main s;rest- in the city OF Richmond, Gevised
~ the eighth clause of said will TO Robert W. Da-
wilson, he amount of the purchase money and by
whom collected, and tie tactS and circumstances
connected with such sale.
7th. mat he also inquire whether the paper of
the 18th ~ OF July, 1868, 10 copy OF which filed
as exhibit E, with the plaintiffs original billy
purporiing to be deed from said Samuel Miller
conveying to James H. Davidson and John Da-
wilson the tract Of land In Rockbrtdge county
called the Hepler Farm, were ever delivered so as
to vest any title to the property therein men,
TONED In the said James III. and Johl 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 the testator, in making said deed, to
revoke the devise In The ninth and tenth clauses
Of his will TO James NJ and John Davidson Of The
real estate IN The city OF Richmond In the said
ninth nd tenth clauses mentioned; and that he
inquire and report what was the relation OF the
testatOr to the five sons OF Mary ID. Davidson, In
the Will mentioned.
Sth. That he also inquire at what date the tesla
tor sold the tract Of land III tie State OF missouri
Marion davidson, and the amount for which IL
was sold, and the date OF The gift TO said Bennett
Marion Davidson Of the $4,000 OF bonds OF
.he city OF Lyuchburg, and any facts tending to
show with what intention the said bonds of the
city Of Lyncnburg were so given; also, the value
OF said bonds az the date they were so given.
10Th. that he also inquire what was the value OF
tae ogs BIZ T h e stat to An
kelso the benefit Of " lille Ann Kelso, and
the fact tending TO show with what intention tie
testator executed the said deed: and. aiso that be
nqure OF and report the facts touching the suit at
Nv brought by said Willie Ann keIso axainst tho