Clarke courier. [volume] (Berryville, Va.) 1869-1997, 1901-02-20

IN CHANCERY
Extract of decree of the Circuit Court Of
/ Clarke County, Va, in the above entitled
cause, dated Feb. 9th. 1901
ION consideration whereof il is adiudged
ordered and decreed that this cause be. and
I the same Is hereby referred TO one OF the
/ Master Commissioners in Chancery of this
Court. whose duty II shall be as follows:
FitSl-To ascertain and report all of the
| personal estate and property of which the
said Peter McPierce died possessed. the value
| thereof and INTO whose possession the said
| property or estate or any part thereof came
Second-rO settle and adjust the accounts
! of John Gaunt and John ". Pierce, late EN-
eCuturs of Peter McPierce dec'd.sO As TO show
what property was received 10y them and
what dispoS ton they made thereof.
Ihird-TO ascertain all of the outstanding
Indebtedness at the time of the death Of the
said Peter McPicrce. all costs of admiuIstra-
| tiun and if the said debts have been paid he
| vii state what debts have been paid and by
| whom paid and he will make a like report ~
/ tu the costs of administration.
Fuurth-Iu ascertain and report VINO are
/ the distributes and heirs-at-lHw Of the said
/ Peter McPierce between whom, after the
/ payment of debts. ms property both real ami
/ personal is the subject of division
Filth-ro ascertain and report all of cine
real estate OF which Peter McPierce died
/ seized; it's value both annual and tee simple
| and il the same consists of more than one
/ tract of land, he will report the number of
| tracts. the acreage of eachas we'll as the an
/ nual and fee simple value Of each.
/ SiXth-To ascertain and report who has
! had possession of and has received the rents
/ from the said real estate or any part thereof
| since the date of the death of the said Peter
/ NcPerce. stating whether the said property
/ has been rented out bN contract. for either a
mnneyed rent or "A share of the crops and i'm
! either case how much rent has been received
/ from the real estate. 10y whom received ana
/ when. The said Commissioned will likewise
! state a scheme of distribution or diviSi col
| the rents either received or which should
/ have been received between the parties emit
/ tied thereto, So as TO show who was EMIT ei
/ 20 said rents and which, n any, of the said
/ parties in interest have not received their
! shares and further. which, If any, of tine
parties have received more than their proper
| shares and the excess 50 received in each
case.
Seventh-ro report a scheme for the dis
! tributiOn of the personal estate of the said
/ Peter NcPierce, properly dtviSiOle among
| ms distributes, and n my of said dlStribu'
! tees have received more than their ratstbl,
share. the Commissioner viii report who
have So received more than their rataOl,
share and how much such uistriDutce or dis
| tributes must restore 10 the cause ia order
| 10 bring about exact eq uallzdtiOn, and ifauy
one or more OF SAID distributes has received
/ nothing, said Commissioner will report thai
| fact and will state how much said distribu
! tee Is entitled 10 receive.
In making up the several accounts and
| statements herein ordered, the Iii Commits
slOner Will make such alternate statements
as he may be requested by the Counsel o
the several parties IN interest or the particc
themselves To make. in order TO present {,
the court the conflicting views, n any, al
counsel for the respective parties, the cOur
not now deciding any question involved n
this case. This inquiry is intended To pm
the Court IN possession of facts and infor
nation SUN Ient To enable it To determin,
the questions arising upon the pleadings n
the cause.
The said Commissioner will make his re
port TO the next term Of the court, Stain,
| specially such matters as ne may deem per
tinent or which he may be required 10 81 At,
| by any one or more parties in interest. BE
fore proceeding to execute this order, tn,
said Master commissioner in Chancery will
give notice To the parties of the time ant
place of his proceeding by publication in tn,
CLARKE COURIER for at least four successiv,
weeks before commencing his prOceedin;
under this order, which shall be equivalen
to personal service ofnOtice upon the parties
! The said Master Com missioner IN Chan
Gerry will ascertain and report To the Court
| whether or not the real estate of which tia
said Peter McPierce died seized, is capable q
division or Partition in kind amongst his sew
| eral heirs-at-law. or whether the interest d
all of the parties will be best subserved by
sale of all of the real estate and division q
the proceeds amongst them"
To the parties. Complainants and Defendant
and all others in any way interested:
You are hereby notified thar | have ap
pointed Thursday. the 21st day %
March, 1901, at my office in Berryville
Clarke County, Va, as the time and place
for executing the provisions of the foregoing
decree and shall continue the same from ola,
to day Sunday excepted) until completed
when and where you are required to attend
Given under my hand as Commissioner q
the said Court at my Office this year and Ola,
aforesaid CHAS. NJ. BKOUN
. Com. in Chy.
Marshall Mccormick Il Son, p.q.