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Jack, etc., Trustee of v. Vass, Exr. of Philip E.: Chancery Cause, Halifax County (Part 1 of 2)

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Virginia: At a Special court of Appeals held at the State Courthouse in the City of Richmond on tuesday January 16th 1855. James Young trustee and Jacob, Patsey, Meriwether, Mary and Matilda free persons of colour Applts: against Isaac Meadley executor of Philip E. Vass deceased Appee: } Upon an appeal from a decree pronounced by the circuit superior court of law and chancery held for Halifax county on the thirteenth day of June 1850 in a suit in which the appellants were plaintiffs and the appellee was defendant This day came the parties by their counsel, and the court having maturely considered the transcript of the record of the decree aforesaid, and the arguments of counsel, is of opinion that the said decree is erroneous; therefore it is decreed and ordered that the same be reversed and annulled, and that the appellee out of the estate of his testator in his hands to be administered do pay unto the appellants their costs by them expended in the prosecution of their appeal aforesaid here. And it is ordered that the cause be remanded to the circuit court of the said county of Halifax for further proceedings to be had therein with instructions to that court to cause the election of the surviving emancipated slaves to be taken by commissioners for that purpose appointed by said court as to whether they will be removed to and settled in some of the States of the Union or emigrate from the United States and settle in the Colony or Commonwealth of Liberia. And that upon the return of the report of such election the appellee who has confessed assets of his testator be decreed to pay to the appellant Young or such other person as may be appointed or substituted in his room and stead, in the event of his death or inability or refusal to act, the sum of two thousand dollars with interest from and after the expiration of twelve months from the date of the testator's death and the costs of the suit in the circuit court, upon his entering into bond with sufficient security in the penalty of five thousand dollars and conditioned for the one appropriation thereof and accountability therefor under that or any subsequent order or decree of the court: Seventeen hundred dollars of which amount with its interest and so much of the interest accrued on the remaining three hundred dollars as the Court may direct to be employed by such agent, trustee or commissioner as the case may be, for the use and benefit of the legatees or such of them as may elect to leave the State in defraying all necessary expenses including extra costs of suits in county and circuit courts or court of appeals and the expenses of their removal to the place of their election, and the residue paid to them, according to their respective rights and interests therein, or invested, settled upon or secured to them according as near as may be to the provisions of the will, and the remaining three hundred dollars with so much of its interest as the Court may deem