Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1893-03-28

In. the Circuit Court of Jefferson County,
West Virginia In Term, Friday, February
DAVID HOWELL, Executor of Hannah S. F.
Butler, deceased, Plaintiff
Against
SALLIE BUTLER. J. Douglass Butler, F. G..
Butler, Minnie Briscoe and j. F. Briscoe,
her husband. 7. G. Green, Trustse of Minnie
Brlscoe. George E Hughes, ]. W. Bissell,
Hannah B: Gather, George r. Cater. Jr..
Trustee. Eliza +. Tfmbcrlake. guardian of F.
ks. Timberlake, Joseph Trapnell Trustee
James G. Sheerer, Joseph -Trapnell, Admin
istrator c. t. u. of N. s. White, John N. Sad
Ter and l.. L. S1dler, partners trading as Sad
Ter q Bro, Joseph Trapnell. II. s. Antes, C..
T. Richardson. w. T. Lippitt, Bank of
CharlestOwn, John A. Washington and r.
ton e Alexander. Horace Beall, Lewis Star
and s. u. Hirshman q Co.. Defendants.
IN CHANCERY.
ION motion of Minnie G. Briscoe and Salllc
~ Butler, leave Is given them to file their
joint and several answers. and the same Is ac-
cOrdingly filed, and this case. in which the
complainant has proceeded in the mode pre-
| scribed by law against the absent defendants,
| came on to be heard this 9th day of February.
1893. upon the Bill and Exhibits fled there
with. upon the order of publication against the
absent defendants duly published and posted.
and upon process duly executed upon the home
dcfendents, and the sud defendants having all.
Il =
failed TO appeaF and plead, answer and detnur
to the said Bill. the same Is taken for confess
sed as to them, and upon the answer of MIN
nie Briscoe aud SaiHc Butler aud general
replication. and the cause was argued by
counsel. on consideration whereof, the Court
doth adjudge; order and decree, that this cause
be referred to Forrest w. Brown, q commits
siOner in Chancery of this Court, who is in
structed (a) to state and settle the account of
David Howell, executor of Hannah s. F. But
Ter, deceased ,(b) to ascertain the real estate
Ofwhich the testatrix died seized, withits value
and annual or rental value. tine number of
acres, value and annual rental value, devised
to each of her children under said viii; Cc) to
ascertain the liens. specific, and general. bind
ing upon the real estate aforesaid and their
priOritics, II any Id to convene the crcdi-
tors Of the said testatrix and audit such debts
against sud estate as may be presented aud
proven before him with their priorlties, If
any (e) to Inquire and ascertain what indebt-
edness in favor of said estate If any, may ex-
list against the devisees named in the will of
said Hannah g. f.. Butler or either OF, them,
chargeable upon their interest In said estaee /;
ID to ascertain as. between the dcvisees in said
will what portion of the dents of said estate
is properly cbargcable upon each tract of land
in the hands of the devisees severally. and to
make report to the next term of this Court.
with apy-pther matter. pepially stated which
he may dBem pertinent, ar which any of the
parties may require to bc so stated. Notice of
the execution of thisA order, published once
week for four successive weeks in come news
paper of general circulation published in JEFF
fcrson county. shall be equivalent to personal
service upon the parties aud each of them. and
the Clerk of This Court is instructed 10 publish
notice TO the creditors of said deccdent as re-
quired by section s of Chapter SO of the code,
t. ". LATfMER, Clerk.