The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1916-07-18
SPECIAL NOTICES
COMMISSIONERS NOTICE

COMMISSIONERS NOTICE
To Willard F. Borgess., executor Of
the last will and testament Of Benin.
min D. Fleming. deceased, plaintiff,
and Harold s. Fleming, John w. Elem.
Ing, Achsah NJ. Fleming, Forest H.
Fleming, Chauncie B. Fleming, Eva L.
Snider, Joseph C. Fleming, Edgar Ev.
erhart, Freddie Everhart, George Ev.
erhart, ]. Wilbur Fleming, John S.
Fleming. Charles E. Fleming, Carrie e.
Fleming, Net McCallister, Della Sat.
terrified, Dora Irons, Addie Williams,
Jennie Smith. Lessie Borgess., Herb
Borgess.. Emma Russell, Lima Hobbs,
Linnie Shaver, Flora Shaver, Warren
Swearingen, ]. N. Hartley & Son Com.
pany, a corporation, ]. W. Irwin, L. N.
Yost, J. Fay Watson, National Bank
OF Fairmont, a corporation, First Ma.
ttonal Bank Of Fairmont. a corpora.
ton, and c. E. Smith. defendants:
In the intermediate Court Of Mar.
ion county. West Virginia, in chancery.
You and each Of you will take no.
tice that in pursuance OF a decree Of
the Intermediate Court of Marion
County, West Virginia, entered on the
22nd day OF June, 1916. in the chan.
Gerry cause therein pending wherein
you are the parties complainant and
defendant. ! have fixed upon Wednes.
day the 9Th day Of August. 1916, at my
law office in the City of Fairmont,
Marion county, West Virginia, as the
time and place for beginning the dis.
charge Of my duties under said decree,
an abstract of which Is as follows:
Upon further consideration 1t Is
ordered, adjudged and decreed that
this cause be, and the same Is, here.
by referred to A. L. Lerman, n OF
the commissioners in chancery Of this
court, to take. state and report an &C.
count showing:
First. All of the personal estate
owned by the said decedent. Benjamin
D. Fleming. at the time Of his death,
and with which the said plaintiff,
Willard F. Borgess., as executor Of said
decedent Is properly chargeable.
Second. What disposition, II any,
the said Willard F. Borgess., execu.
tor, has made OF said estate coming
into his hands.
Third. What sums Of money have
been paid by said executor to the
creditors, or to the heirs and dis.
tributes Of said Benjamin D. Elem.
ing, deceased. when paid and to whom.
Fourth. What amount OF said es.
tate, II any. is now In the hands Of
said executor.
Fifth. What debts, II any, are pay.
able by the estate OF said Benjamin
D. Fleming, deceased. to whom pay.
able and their respective amounts and
priorities.
Sixth. A settlement OF the &C.
count Of said Millard F. Borgess., ex.
ecutor Of said Benjamin D. Fleming,
deceased.
Seventh. What real estate was
owned by said BENJAMIN D. Fleming, at
time OF his death, its quantity. de.
scription and location.
Eighth. A complete settlement Of
the account Of John W. Fleming,
agent, OF attorney for said Benjamin
D. Fleming. deceased.
Ninth. A complete settlement and
statement Of account OF c. E. Smith.
agent or attorney for the said Ben.
jamin D. Fleming, deceased,
Tenth. And In making said set.
tlement OF the account OF said execu.
tor, or the accounts of said John W.
Fleming, agent or attorney for said
BENJAMIN D. Fleming, or the accounts
Of said G. E. Smith, agent or attor.
ney OF the said BENJAMIN D. Elem.
ing, deceased. the said commission.
er. shall have the authority to re.
quire any parties to this suit to ties.
tify before him concerning any Of
said transactions involved In either
OF said settlements, and to produce
before him all. books of accounts,
vouchers, receipts, checks or other
papers pertaining to either Of said
settlements, and to summon and ex.
anime witnesses, and do all other
things necessary to make a full and
complete investigation, settlement anil
report Of the accounts Of said execu.
tor. and the accounts Of said John
W. Fleming. as agent or attorney for
said Benjamin D. Fleming, and OF the
accounts OF said C. q. Smith, as agent
or attorney for said Benjamin D. Elem.
ing, deceased.
Eleventh. And the said commits.
sioner shall also report any other mat.
tiers which any party In interest may
require, the same being pertinent, or
any other matters which the said com.
missioner himself may deem pertinent.
whether so required Or not" 4
at which time and place you are
required to be present.
Given under my hand this 10th day
Of fully, 1916.
Commissioner In Chancery.
Harry Shaw.