Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-03-01
TO BE ARGUED AGAIN.
RYKgARING GRANTED IN THg THoMAs
ESTATE RECEIvERssIP.
Judge yitshugh will Rear Counsel Anew on
the Notion OF Betiie Thomas
Lewis

Az TIE opening OF the Chancery Court
ve.,crdly morning counsel representing
Ret,e Thomas Lewis Messrs. w. W. Cor
6an.T,dmund waddil. Jr., Frank W. aud
George L. .Cbns,ian- were promptly on hand,
and Ne,srs. Guy & Gillian and B. Il. Mum
ford. representing Leigh X. Page. admins.
irs'or Of ". A. Thomas, also appeared. as
did Nr. H. G. Cannon. the counsel for the
present curalorS.
The counsel for Major Page. tie admins
trstor q William A. rhomas's estate. pre-
sented an order 10 the ourt IN accordance
with tAe decision 81 jude Fitzhugh. rem
dcred Tuesday, refusing 10 appoint re-
csiycr. which they asked the Court 10 enicr,
and sso an order to turn over the estate
from TIE curators 20 the administrator; to
the entry Of which o ders counsel for plain
fn objected and asked IN eu Of en'ering
any order az this time that his Honor would
grants rchesfing OF the notion made on
saturday last n appoint a receiver.
Colonel ". W. Gordon on behalf OF the
plaintiffs argued this motion, and Colonel
John II. Guy, counsel for the defendant
Page, administrator. ropned for the defence.
TuE ARGUMENT.
Colonel Gordon. for the plaintiff, urged
that IN view Of the amount involved and the
novelty oi the questions 10 be deierAined
The Court should rebear the application Tor
r receiver; that this was 81 special Impor-
tance to the pl ,niiff IN view oi her circum.
stances and condition. which 20 some extent
made an aDpeal difficult. While II might be
true that the refusal of the Court 10 appoint
receiver might not materially affect her IN
icfcsts on the merits OF the case, neverthe-
less II was matter Of serious moment TO her
Who should bold the funds and what should
be done with them peadeDte lite A; thst
a perpetual change Of the fund from one
band 10 another would be necessarily eX-
pensiye, and il was the plaintiffs right
that the court ITSELF should hold the iund
which she herself had held and surrendered
condiiiOnallv; that IN the Courts holding II
no loss OF ANY sort could be entaied upon
tho fund further than the mere cost oil It's
preservation: that it was inequItable aud
unjust that the property which she claimed
10 be her own should be hurdened With eX-
penSe such - would be incurred In the ad-
mihistration of this estate; that In nddI-
ton, the Court in rendering its decision
upon the motion 10 appoint re-
csiycr had passed upon questions which
were of great moment to the complainant in
that II bed that the administrator OF an
estate bv virtue OF his office was eBttled 10
possession Of property claimed by git DO
r0fiO mOJiis CO3lSG. and that such gill was
subiect a. well 10 the costs and charges OF
administration a. TO toe payment OF debts;
that this position OF the Court was surprise
10 the com piainant end her counsel, and was
one that might operate 70 destroy the very
gIft Itself, and IN Wow Of it's novelty and IN
tricacy the complainant should be allowed a
Teargument ana Tehearlug
Colonel Gordon further said that NJ was
his desire, as It was also OF Judge Burks
(Who hsd been recently retained 10 The csse)'
10 be heard on this question. and that no
harm could come from rehearlne, whereas
great injury would result from refusal.
THE ANSWER TO ABoyE.
Colonel Guy, for the defendant, Leigh r.
psge administrator, replied that there was
no necessity Whatever for the appointment
OF receiver; that the only object on re-
ceiver va. to preserve the fund that the
Court could do tnis ~ well in the hands Of
the administrator a. In the hands OF re-
ceiver: and that the Court had fully heard
and determined the matter; that he could
see no need OF again re'Openng that matter,
and that certainly there was no reason why
the money and property OF the dccendent
should not be forthwith turned over
u the RduHni TRAITOR, and even should
the Court determine TO grant the motion TO
rchcar toe application for receiver, never
thelcss the proacriy should be turned over
TO the administration, VINO, he claimed, Il
tie lawful custodian Of II; that upon the
qualification OF thr administrator the powers
oi The curaiors ceased. aud that by deyou-
tion Oi Bw the property vested ia the ad-
mtnisiraiOr, and n was only now techn-
eally in his hands: That u was necessary
tnqt the property should be IN The bands OF
the administrator 10 TIE end that the nd-
miuistratiOn OF she estate might be pro-
cee0ed with. since loss might be entalled
upon the entire estate Il the possession Of
the property should remain in an uncertain
condition.
THE JUDGES RULING.
judge Ftzhush stated tbst while he had
reached The conclusion nc bad IN the matter
with some confidence tt was nevertheless ar
rived st more hurricdly than It would Other
wise have been but for the necessities oi the
case as ne then understood II. lie sald he
anpreciaicd the novelty OF the question Snd
tac importance o. The decision, aud would
be ciad before entering auy order IN the
natter To have nll the hight On the subject
that be could get: nud thst as he did not see
from what he understood 20 be the facts OF
the case tosday that any harm could come
10 anY one by reasonable delay he
would consent 10 hear = Tesrgument on the
motion 10 appoint receiver, and would fix
THURSDAY the 7lh day Of March a. the time
ior the argument winch would allow ample
time for counsel 10 bo present and To present
their views. lie would therefore enter no
order in The ease to,day.
Ncuber General Edgar Allan nor Judge
Waller r.. Staples VAS present in court, the
former being indisposed and the latter abb
sent from The city.