The Celina Democrat. (Celina, O. [Ohio]) 1895-1921, 1917-04-13

confronted him at that time and the
necessity of making such change in
location were so apparent, that he
rot only exercised a sound discretion
in doing so, but in the interest of the
peace and safety of these former
slaves, he was absolutely compelled
to make such change in his original
plans, ana seek anothr location for
their homes. That the lands he had
so purchased, and taken the title In
his own name having thereby be-
come absolutely useless to him for
tie purposes for which he had pur-
chased the same, he had full power
and authority TO sell and dispose OF
these lands, and apply the proceeds
arising from such sale, to the cost of
transporting and settling these for
mer slaves in homes in other lOcali-
ties, and that in the absence OF proof
to the contrary, the presumption OBJ
tains that the funds were properly
expended in accordance with the
terms % the will, in so far as the
amount received therefrom was sufi-
cient for these purposes, and that
these bene1ciaries of the will Of John
Randoiph received In full the benefit
cf all the funds arising from the sale
of these lands.
End. That said manumitted slaves
OF John Randolph never were put in
possession or occupation of these
lands, nor we'n the same or any part
thereof ever allotted 10 any individual
in such manner as to vest in any one
Cf these individuals, any right, title
or interest in any specific part or par
eel of this land. That but few of
these n,anumitted slaves were entit-
led under the will of John Randolph
to recet 'e lands, and they could ac-
Quire no right or title in law or equity
to any particular land until the same
was specifically aparted or allotted to
them. That the rights of those en-
titled to land were not rights in COM
mon, but individual and specific
rights TO PAL ocular lands after the
same had D"en allotted to each in
SCNCid ATTY ohu dllSl SuCu dllOImSuI
II cir rights thereto either at law or
in equity must be established in a
separate and individual action and
not as a clats.
Srd. That John Randolph was
never seized of these lands in his life |
time; that tie title was taken in the |
name of William Leigh, executor, |
who was vested with full right and |
authority by the will of John Ran
dolph to dispose Of the same before |
putting these manumitted slaves in
occupation thereof and devote the
proceeds of such sale to the same pur-
roses for which he had acquired the
land, and that If any trust arose in
these lands by reason of the purchase
Ii the same with trust funds, that
trust was divested by their sale oc-
rasioned by the necessity of the con-
titions that confronted the trustee
IN his efforts to administer this trust
and effectively, and attach
{ the purchase money received there
'Or.
4th. That If under the laws of
irginia, 1t was necessary for Will
lam LIE gh, executor to obtain the
consent and order of court of COM
)etent Jurisdiction to sell lands of
which his tesfator had not died seiz-
"a, but wer purchased by the execu-
or after the death of his testator in
pursuance of the authority and dis I
retion vested in him by will, the
presumption obtains that such order
nd direction OF a court of competent
was obtained prior to
G sale and conveyance of the lands,
nd thGt he fully accounted for the !
roceeds Ct tn" sale; that no evidence '
as offered to the contrary, and that
y reason of the, fact that the records c
f the procce ings of the executor I
nd the settlements made by him a
ere destroyed by fire when the court e
ouse at Ricnlnt nd, Va, was burned S
lmost fifty y is before the COM a
ence'" ~ of mis- action, the burden t
upon the plaintiff to prove by pre- h
pnderanCe Of 'he evidence, that no Z
:ch nr1"r was obtained and tnat nc a
,cord thereof was ever made. 4
5th. That no evidence was Offer
teni'ag to prove. that William II
elgh, executor. had not fully, prop Z
'ly and honestly administered his n
ust according to intent and pur- a
lse of the tcstator and according to
terms and directions contained in r
'e will of John Randolph, or that j
e ben 1cia. ic;; of the trust created q
this will 1--we not received the full IL
nefit of the entire trust fund in
uding tie part invested in these
nds anil 'estole ed to the trust funds
ON the D'o, eeds of their sale.
9Th. That il appears from the ev-
ence, that these manumitted slaves
ere fully advised of their destina-
IN ami of the fact that these lands
d Deen purchased for their use in 81 81
Greer county, and it William Leigh %
executor had no power or author re
: to sell sald lands and apply the ar
oceeds of the sale to their use in
her localities, that his act in so do tn
g was open, notorious violation of w
J trust. known to them and ac- TO
iescei IN Dy them at the time, and &c
Is aci','n is barred by the statute
HI