Clarke courier. [volume] (Berryville, Va.) 1869-1997, 1901-03-20
IN CHANCERY


Is. r Pierce and others. ....... Defendants
IN CHANCERY
Extract Of decree of the Circuit Court Of
Clarke County, Va, IN the above entitled
cause, dated eb 9TH. lsUI.l
"On consideration whereof il i adiudye5
ordered aud ueCrved that this cause b. and
the same Is hereby referred TO one OF the
Master OommiSsi"ners IN Chancery Of this
J Court whose duty II shall Toe as follows.
Fitst- 10 ascertain ami rep.rt all Of the
personal estate and property Of which the
said Peter McIlerCe died possessed the v.ltie
thereof ano lutu whose possession the ssid
properly or estate cor any part thereof came
SeCond-Iu settle ana adjust the a,r,,I,,,,
OF John Guunt ami John ~ Pierce lat. ~
ecutorS oi Peter MCIiercc dee q - as to show
what property WAS received bv them and
what uispUs ton they made thereof
Ihiru-lu ascertain all OF the OUTSTANDING
Indebtedness AZ the time 81 the death OF the
said Peter MCPtcrCr. all Gusts of admiuistr,-
uon and II the sand debts have been paid he
Wal state what debts have been paid and hv
whom paio and he will make a ike r, n.,rt a
10 the Gusts of administration.
Fourth-IU ascertain and report who ara
the distributes and heirs ut-law of the said
Peter McPIerce between whom, after the
ymen' oi debts his property both real and
personal IS the subject of division
Flith-TO ascertain and report all ~ ,b,
real estate OF which Peter McPierce died
seized; Its value both annual and Zee sinaple
ana II 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
aual and fee simple value of each
SlNth-lo ascertain ami report who has
iad possession Of ana has received the rents
rom the said real estate or any lart thereof
Inee the date of the death OF the said Peter
tcPierce stating whether the said property
das been rented out 10y contract for either a
hnheyed rent or a share of the crops anu in
asffN faG Ha.rrH a..
I rom the real estate. by whom received and
when The said Commissioner will likewise
state scheme of distribution or divisi n of
'he rents either received or which should
nave been received between the parties emit
'Iei thereto. So us 10 show who was emit "a
to said rents and which. IL ANY. of the said
lstrues IN interest have not received their
SHARES and further, which. ii any of fh-
parties have received more than their t,rnuer
SHARES and the excess 80 received ia each
Ease.
Seventh-To report Il scheme for the dis
trlbutlun 81 the personal estate of The. said
refer -NcPlerce' properly dlvisiOle among
MS distributes and IL ny OF said diStritli-
tees have received more than their ratable
snare, the commissioner will report who
nave So received more than their r,tabl..
snare ana how much such distributee or dis
tributes must restore To the cause in or,ler
10 BRING about exact eQualizatiun and ifany
one or more of said distributes has received
nothing, said Commissioner will report that
S.lfH mi rr-
tee y entitled Ia receive.
In making up the several accounts and
statements herein ordered. the : III Commits
sioner Will make such alternate statements
as he may be requested bY the Counsel of
the several parties in interest or the na rites
themselves L. make. in order To present To-
the court the conflicting views, If any, OF
counsel for the respective pari,s =, the court
not now deciding any question involved in
tins case. This inquiry il intended To put
If f.s.afS
nation sufficient To enable IL to determine.
the questions arising upon the pleadings IN
the cause.
The said Commissioner will make his re-
port TO the next term of the court stating
specially such matters as ne NAV deem Der.
lnent or which be may be required To II ate
Dy any one or more parties in interest Be
lore proceeding To execute this order the
said Master commissioner in Chancerv will
give notice TO the parties of the time and
place of his proceeding by publication in the
CLARKE CoUKIER for at least four successive.
weeks before commencing his proceeding
under this order, which shall be equivalent
To personal service ofnotice upon the parties
The said Master Commissioner i'm Chan
Gerry Will ascertain and report tu the Court,
whether or not the real estate of which the
salc refer Mcflerce died seized, is capable Of
DIVISION or partition in kind amongst his sew
eral heirs-at-law, or whether the interest of
all of the parties will be best subServed by Il
sale of all OF the real estate and division of
the proceeds amongst them"
10 the parties. Complainants and Defendants
:, ana all others in any way interested
You are hereby notified that | have APP
pointed Thursday. the 2fst day OF
March, 1901, at my office in Berryville,
elarke County, Va, as the time and place,
Tor executing the provisions of The foregoing
decree and shall continue the same from day
10 day Sunday excepted) until completed.
wDen and where you are required to attend.
GIVEN under my hand as Commissioner of
the sald Court at my office this year and day
aforesaid CHAS. NJ. BROUN,
Com. in Chy.