The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-11-03
.COMMISSIONER,S NOTICE.
OULD ~ CARRINGTON. TRUSTEES,
" vs.. MACFARLAND'S ADMINISTRATORS,

OULD 4 CARRINGToN, TRUSTEES,
~ vs.. MACFARLAND'S ADMINISTRATOR,
IN THE cHANcERY COURT OF THE CITY OF RICH
MoND.
The following is a copy OF the decree entered In
| this cause on the 26th day Of June, 1880:
This cause came on tins day TO be heard on the
papers formerly read, the report OF Com
| missioner Thomas j. Evans, daled July rs,
| siS, and filed September 3, 1878. The va.
| riOu, exceptions thiIttO hereinafter noted, the
| separate reports OF said commissioner of the ac-
counts from year TO year between Oud & Caring
ton, trustees, under the deed Of October 20. $40,
aud the sald trust estate up to and including l6h Of
March. 1873, and The sub 'equent separate account
OF sald trustees settled by said commissioner and re-
| turned on l7lh May, 1879, and was argued by
| counsel On consideration whereof, no exception
having been fled TO the said SEPARATE accounts Of
the transactions of the said trustees with the trust
estate. M TO and including the account dated MAY.
| IT. 1879. and the Court approving he same, the
said separate accounts are hereby eonhrmef. And
for reasons stated IN writing aud filed with the re-
| cord. and made part thereof, the Court doth now
proceed dispose of the exceptions to the report
flied september 3. 1878, ana ubth adJnugc, OrueT,
| and decree as follows:
| l. The Court sustaius the exception Of the heirs
! of FOwharan Roberts, and doth decide that tie
judgment held by BeaZeley's administrator IL not a
hen the one half of the net proceeds OF the Dock
lot in Richmond, but tpat SAID one half belongs TO
the estate OF Powhatsn Roberts subject only 10 any
claim thereon arising from the suieiyshlp OF Will
| liam III. Macfarland upon the bond OFF. X. Roberts
10 Ashin as set forth In the bin In this cause
| 2. The Court doth override the exception OF Onld
& Darlington 10 the ruling Of the Court III refer
ence TO the mining rights In the county of GOOch-
land, sold by the saIi trustees TO Thomas Gram and
| doth confirm the report of the commissioner tina |
the Judgment OF BeaZeey's administrator Is first
| lien on the net proceeds of said sale. And II APP
psarine from an examination OF the accounts afore
| said that the net proceeds OF sale 10 Thomas Dram
are The Of Sl0l6.67, as of The 9th day OF May,
1874, and that said fund forms part of the FUND
| invested BY The trustees. OUld & Darlington, II Is
adudged ordered, and decrced that the said Ould 4
| Carrngtpn, trustees, do collect suthcient amount
OF the trust fund invested by them, aud do pay TO
William B. WestbroOk, administrator OF X. X.
Bea1eIey, deceased or 10 Mann +. strin2feliow his
counsel, the said sum Of 81 ,0l6:57, with interest
| from the 9th day of May, 1874. which payment
shall be credited upon the Judgment OF Beazeey's
adm. nistrator rs. mcfarland, mentioned In said
report.
5. The Court doth sustain The exception of RAN
dolph Barksdale TO said report and doth decide Ibat
liam H. Macfarland shall be allowed 10 the extent of
the SUN Of f7.l00. ms OF the 10Th OF June, 1862.
but that The same Is Confederate debt and is TO be
4. The exceptions OF the plaintiffs to the allow
ance OF the claim OF Peter W. WoOdlief, aud the ex-
cepton OF +. II. smith to The allowance OF the same
claim and also the exception Of the children OF Will
liam H. Maciarland and wife. 10 the rejection OF the
claim Of the executors OF Andrew Bierne, are sus-
aned but 20 the extent only that the Court decides
that both of said claims should he the subject of FUR
,her inquiry aud report By the commissioner with
leave TO any party IN interest to Introduce further
testimony In respect thereto.
In all other respects the said report OF Commits
sioIer Evans OF July 20, 1878, is hereby confirmed.
. And the Court doth adjudge. order, and decree
II
Commissioner Evans, who shall reform the same ac-
cording 10 the principles OF this decree.
And said commissioner shall specially Inquire and
report 10 whom and III wha. proportions the one
half of the net proceeds Of the Dock lot hereinbe
fore mentioned shall be paid under the principles
hereDbefofe decreed.
2. Whether the cain OF Woodiief against Mac
farand has been PAID ia whole or IN part, and what,
II an hing, Is due aud owing on acc unit OF this
claim 10 the said Peter W. Woodlief and Francis Ill.
Smith, respectively, or to either OF them.
8 What, II anything Is due from The estate or
William IL. Maclarland on the claim asserted by the
executors or Andrew Btirne and set form In tbe
petition IN respect thereto, filed by some OF The chit
drsn Of William II. mcfarland, and 10 whom II Is
due.
A. What, II anything Is due on fhe claim asserted
In the petition filed In this by the deyiSets OF
Philip ST. George Cooke.
The commissioner will continue the annual settle
me mt of The accounts of the trustees.
The commissioner will report his proceedings.
COMMISSIONERS 0FFICE,l
rft RICHMOND, October 10, 1850.
The PARTIES interested are hereby notified that |
have fixed on FRIDAY the l9ih day of November,
1880, at IL O'Clock 81: as the time, and my once,
on Eleventh between Main and Bank Streets rs the
place, TO execute the foregoing decree.
On Oa.uAw Commissioner.