Gustavus A. Moran v. Admr. of William Moran, etc.: Chancery Cause, Loudoun County (Part 2 of 2)
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Moran and the Plaintiff, which I have accordingly done, and report a balance of $250.58 with interest on $178.42 from the 1st October 1834, due from the Plaintiff to the Administrator, as will be shewn by account No 2. And a balance of $201.49 with like Interest on $118.—due from the Administrator to William Moran as will be shewn by Account No 3. From the papers and testimony produced on the investigation, it appears that the slaves in the possession of Decedent at the time of his death, were divided amongst the respective distributees by Commissioners appointed by the County Court for that purpose, then valuation by those Commissioners, amounting to $2765, of which the Plaintiff received three, valued at $700 and William Moran received four, valued at $690, the distribution share of each being $691.25, with the difference I have respectively charged and credited the two distributees. Independent of those slaves, it will be shewn by the Will that Decedent had sold two to Edward B. Moran for $600. to be accounted for by him on the division of the Estate, I have therefore charged the Administrator with the said $600, as constituting in part the funds for distribution. It will appear from the deposition of James E. Edwards, herewith returned, that Plaintiff seeks to charge the Estate with the clothing of the negroes, and expense of keeping the stock after the last day of October of the year in which his father died. His father, the Testator in his Will directs that in the event of his dieing before the last day of October, Pltff: should have the use of the slaves, Horses, farming utensils &c "free of any expense until that time to finish his crop, which crop he is to have". His father died about the 2nd of April (the beginning of the year as it respects the crop) and Pltff: had those articles in his use and employ until the 23 Decr. The best view that can take of the meaning of the Testator is: that Pltff: should not be subject to charge for the Hand, Horses &c, but not, that the estate should bear the expense incurred by Plaintiff in tending his own crop, over which the Admr had no control; I have therefore disallowed them, as well as the charge for the Bed, Pltff: having acknowledged that he got one, but was entitled to two, as the one he got belonged to him, of which there is no proof besides various other charges which had been before the Jury in the suit which terminated in the Judgement enjoined by this Suit, none of said offsets or charges having been allowed by the Jury. It will further be discovered that I have allowed the Administrator no commission, he having forfeited by failing to settle his account according to the Act of the General Assembly requiring Administrators and Executors to settle their accounts every two years. There were various notes left by Decedent which fell into the hands