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Latest revision as of 14:42, 20 July 2019
In Goochland Circuit Court 26th April 1851 James M Payne exor Thomas Brooks decd plt against Meshach Hicks admir of Fielding Brooks decd Dft Lewy a pauper plt against James M Payne exor of Thomas Brooks decd & Meshach Hicks admr of Fielding Brooks decd Deft. & Lewis Brooks (a man of colour & a pauper) plt against James M. Payne exor of Thomas Brooks decd & Meschach Hicks admr of Fielding Brooks decd James M. Garland in his own right and as exor of Mary M Garland decd Thomas Garland and Jane M. Garland, Sarah Dabney, William Overton & Martha his wife, Richard Garland, Edward Garland, Casus M. Callis & Martha A Calllis his wife Ollie G. Kean an Infant under twenty one years of age by Narcissus N Miller his guardian ad litum specially appointed to defend him in this suit & John Thompson jr Defts These causes came on this day to be heard together upon the papers formerly read; the answer of James M Garland in his own right and as exor of Mary M Garland decd a defendant in the last of these causes and the replication thereto, the report of John Thompson, jr the Commissioner appointed to hire out the plaintiff Lewy with the papers therewith returned and a special statement marked (Z) made by the Court and were argued by Counsel: On consideration whereof the Court is of opinion that by the will of Mary M Garland decd the testatrix of the defendant James M. Garland, the amount for which the plaintiff Lewy was subject for the debts of Thomas Brooks decd, was to be paid out of her estate as soon as the same was ascertained by the proper proceeding for that purpose. And that the defendant James M Garland is not entitled as her executor to have the said Lewy hired out after that time for the purpose of satisfying that amount, and it appearing by the statement (Z), that there will be due to the administration of Fielding Brooks, decd on the first of May next form the estate of Thomas Brooks decd the sum of nine hundred and Seventy Six dollars and fourteen cents of which the same