Source: Alleghany Co., VA Order Book 5, p. 604
April Court, 1859
"On motion of John Patterson who made oath and enters into loan with Fleming Keyser his security in the penalty of 2400 $ conditioned according to law. Letter of Administation is granted the said John Patterson upon the Estate of Washington Simpson, dec'd and the former bond of Martha A. Simpson with Lewis T. Mann in this behalf is set aside."
http://chroniclingamerica.loc.gov/lccn/sn84024718/1870-03-29/ed-1
Staunton spectator., March 29, 1870, Image 2
At rules held in the Circuit Court Clerk's office for Alleghany county, on Monday, the 7th day of March, 1870, James F. Keyser in his own right, and as one of the administrators of Fleming Keyser, decd, Resin Simpson and Mary J., his wife, (late Mary J. Keyser), Franklin Bradshaw and Estaline V., his wife, (late Esteline V. Keyser), heirs and distributees of Fleming Keyser, decd,
AGAINST
William H. Keyser, administrator, heir and distributee of Fleming Keyser, decd, and Margaret Keyser, widow, and Loumina Keysor, infant of the said Fleming Keyser, deceased, and John A. Dickson, and Margaret his wife, (late Margaret Keyser), John Keyser and Elizabeth his wife, (late Elizabeth Keyser), and James Walter Keyser and Alexander Keyser, infant children of Andrew J. Keyser, decd, and the children of Margaret Keyser, dec'd to wit: William A. Simpson and Mary J. Simpson a minor, by her first marriage, and Ida G. Patterson, a minor by her second marriage, and Marsh, her last husband, heirs and distributees of Fleming Keyser, decd.
The object of the suit is to obtain a settlement and distribution of the personal estate, and to sell the lands and to distribute the proceeds to those entitled to receive the same.
The defendants, John A. Dickson, and Margaret his wife, late Margaret Keyser, John Keyser and Elizabeth his wife, late Elizabeth Keyser, Martha Marsh, William A. Simpson, Mary J. Simpson, Ida G. Patterson, ____ Marsh, and Alexander Keyser (a minor) not having entered their appearance and it appearing from satisfactory evidence that they are each non-residents of this Commonwealth: It is ordered that they do appear here within one month after due publication of this notice and do what is necessary to protect their interests.
Teste,
HENRY C. VAUGHAN,
mar29-4w Clerk.
Source: Chancery Order Book Alleghany Co., VA Vol. 2 1853-1878 (FHL m/f 1888407)
p. 211-212
August Term 1871
James F. Keyser in his own right & as one of the Adm's of Fleming Keyser dec'd & others vs. Wm. H. Keyser Adm.
John J. Hobbs is hereby appointed Guardian ad litem of the infant heirs of defendants, Loumina Keyser, James Walter Keyser, Alexander Keyser, Mary J. Simpson and Ida G. Patterson, who hath leave to file their answer which is accordingly done. And more than a month having past since the filing of the plaintiffs bill and the service of the subpoena in this Cause when the defendants Wm. H. Keyser and Margaret Keyser and they still failing to appear and answer, the said bill is taken for confessed as to them. And the plaintiff having regularly proceeded by order of publication according to the Act of Assembly and the rules of this Court against the absent defendant Jno. A. Dickson and Margaret his wife, John Keyser and Elizabeth his wife, Martha Marsh, William A. Simpson and ________ Marsh. And this cause coming on to be heard this 29th day of August 1871 when the Bill & Exhibits filed therewith the answer of the said defendants Loumina Keyser, James Walter Keyser, Alexander Keyser, Mary J. Simpson and Ida G. Patterson, by John J. Hobbs their guardian ad litem. And was argued by Counsel. Upon consideration whereof it is adjudged, ordered & decreed that this cause be and the same is hereby referred to one of the Master Commissioners of the Court with directions that he state and settle the following accounts -- towit -- 1st an account of the actings and doings of Wm. H. Keyser and James F. Keyser as administrators of the said Flemming Keyser dec'd and of the outstanding debts due from the estate of the said Flemming Keyser, dec'd, 2nd on account of the rents and profits arising from the Real Estate in the Bill mentioned and 3rd an account of the annual rental and fee simple value repectively of the said Real Estate, together with any other matters specially stated deemed pertinent by himself or required by any of the parties to be stated. And make report of his proceedings herein to the next term of this Court -- And said Com'r before proceeding to take and settle said accounts shall advertise the time & place of taking the same in the Staunton Spectator, a newpaper publication of the Town of Staunton which notice shall be equivalent to personal service of the same on all of the parties. And said Com'r is authorized to proceed in the absence of any of the parties who having such notice of his primary appointment or adjournment shall fail to attend him.
Source: Chancery Order Book Alleghany Co., VA Vol. 2 1853-1878
April Term 1876
p. 430
Simpson vs.
Keyser's Adm.
On the motion of Wm. H. Keyser, adm. of Fleming Keyser dec'd leave is given him to file his answer which is accordingly done and this cause came in to be heard this day upon the bill and exhibit, the answer of the defendants Wm. H. Keyser, adm. of Fleming Keyser dec'd and Lewis J. Mann, and the bill taken & is confessed as to the other defendants, more than thirty days having elapsed since the filing of said bill and the return of the subpoena duly executed as to the same defendants and the order of publication executed as to the absent defendants, and was argued by Counsel, upon consideration whereof it is adjudged, ordered and decreed that this cause be referred to Master Commissioner J. J. Hobbs, with instructions to state, settle and adjust the accounts of John Patterson, administrator of Washington Simpson dec'd, making distribution of the amount due from said Patterson to said Estate, if anything together with any matter specially stated deemed pertinent by himself or required by any of the parties to be stated. The Master is authorized to state said account after publishing the time and place of stating the same over a week for four successive weeks, in the Spectator a newspaper published in the city of Staunton which publication shall be deemed equivalent to personal service of notice on all of the parties in interest except the Deft. Wm. H. Keyser adm. or who shall have personal service of notice.
Source: Chancery Order Book Alleghany Co., VA Vol. 2 1853-1878
September Term 1877
p. 512
Mollie Simpson vs.
Keyser's Adm.
This cause coming on again to be further heard this day upon the papers formerly read and the Report of Commissioner J. J. Hobbs, filed April 10, 1877, with three exceptions thereto by the Defendant Wm. H. Keyser, Adm. Fleming Keyser dec'd, was argued by Counsel. Upon consideration whereof, and the Court having maturely considered the said Exceptions doth overide the 1st & 3rd aforesaid Exceptions and doth sustain the 2nd exception, and doth further adjudge, order and decree that the Cause be recommitted to the Commissioner J. J. Hobbs, with instruction that he remodel his said report by abate --from the plaintiffs interest in the Estate of Washington Simpson dec'd, the principal sum due her for the period during which she was maintained by her step-father John Patterson and it being suggested that the defendant Wm. Simpson has not been heard from for more than seven years, it is further adjudged, orderd and decreed that said Commissioner inquire whether or not such is the fact, and if upon such inquiry said Commissioner shall be satisfied that said Wm. Simpson has not been heard of for the period of seven years last past, then said Commissioner will make distribution of his interest in said Estate, amongst those who would be his heirs if he were dec'd, and said Commissioner will report his proceedings under this decree to Court, together with any other matter specially stated, deemed pertinent by himself, or required by any of the parties to be so stated.
Source: Chancery Order Book Alleghany Co., VA Vol. 3-4 1883-1897
September Term 1885
Vol. 3, p. 126-127
Keysers Heirs against
Keysers Adm.
This cause coming on again to be further heard this day upon the papers formerly read and the Report No. 6 of Master Commissioner J. J. Hobbs made since the last term of the Court and filed on the 11th day of September 1885 was argued by Counsel. Upon consideration whereof and there being no exceptions to said Report No. 6, it is adjudged, ordered and decreed that the same be and it is hereby in all things ratified and confirmed. And it appearing for-in said Report No. 6 that there was in the hands of Wm. M. McAllister Special Receiver in this cause on the 16th day of August 1885, the sum of $1015.74 and that after retaining in the hands of said Special Receiver the sum of $12.88 to pay future costs of this suit the residue thereof should be distributed as follows to wit: to Wm. M. McAllister, Attorney for the Heirs at law of Fleming Keyser, dec'd, as and for his fee for presenting this suit the sum of $249 of which $150.00 is principal, to Wm. M. McAllister, Attorney for the said Heirs at Law other item, ???? A.. & J. F. Keyser, the further sum of $83.00 of which $40.00 is principal for his legal services in presenting an issue out of Chancery; to A. L. Parrish, Attorney for said last named Heirs at law, the sum of $111.50 of which $24.00 is principal for presenting said issue out of Chancery; to Porter V. Davidson the sum of $34.06 of which $10 part thereof is principal, being the only unpaid debt against the Estate of Fleming Keyser dec'd. And to the Heirs at Law of Fleming Keyser dec'd. as follows to wit: to Mrs. M. J. Simpson the wife of Rezin Simpson, Mrs. E. V. Keyser Bradshaw the wife of Franklin Bradshaw, Mrs. Elizabeth Keyser, Mrs. Margaret Dickson & Miss Louvina each the sum of $85.06; to Wm. M. McAllister, Assignee of J. Walter Keyser and David A. Keyser each the sum of $42.53 and to D. E. Smith, Adm. of Mrs. M. J. Smith, W. A. Simpson and Ida G. Patterson each the sum of $28.06. It is therefore, further adjudged, ordered and decreed that said Special Receiver pay to the said several parties the said sums due them respectively as shown by said Report No. 6 and upon his proceedings under this decree to the next term of this Court. And it further appearing from said Report No. 6 that the Defendant Wm. H. Keyser is indebted to the Estate of Fleming Keyser dec'd in the sum of $972.46 with legal interest on $763.38 part thereof from the first day of August 1885 till paid and that said Wm. H. Keyser is further indebted to said Estate in the sum of $1547.55 with legal interest thereon from the 29th day of September 1884 till paid, being the balance due by him and his surities on his land purchase of 1873: it is therefore further adjudged, orderd and decreed that Wm. M. McAllister, Special Receiver in this Cause recover against the said Wm. H. Keyser the said sum of $972.46 with legal interest on $753.38 part thereof from said 1st day of August 1885 till paid, and the said sum of $1547.55 with like interest thereon from said 27th day of September 1884 till paid. And leave is given said Special Receiver to sue out execution therefor according to law. And such Special Receiver will out of the funds in his hands pay any unpaid costs of this suit.
April Court, 1859
"On motion of John Patterson who made oath and enters into loan with Fleming Keyser his security in the penalty of 2400 $ conditioned according to law. Letter of Administation is granted the said John Patterson upon the Estate of Washington Simpson, dec'd and the former bond of Martha A. Simpson with Lewis T. Mann in this behalf is set aside."
http://chroniclingamerica.loc.gov/lccn/sn84024718/1870-03-29/ed-1
Staunton spectator., March 29, 1870, Image 2
At rules held in the Circuit Court Clerk's office for Alleghany county, on Monday, the 7th day of March, 1870, James F. Keyser in his own right, and as one of the administrators of Fleming Keyser, decd, Resin Simpson and Mary J., his wife, (late Mary J. Keyser), Franklin Bradshaw and Estaline V., his wife, (late Esteline V. Keyser), heirs and distributees of Fleming Keyser, decd,
AGAINST
William H. Keyser, administrator, heir and distributee of Fleming Keyser, decd, and Margaret Keyser, widow, and Loumina Keysor, infant of the said Fleming Keyser, deceased, and John A. Dickson, and Margaret his wife, (late Margaret Keyser), John Keyser and Elizabeth his wife, (late Elizabeth Keyser), and James Walter Keyser and Alexander Keyser, infant children of Andrew J. Keyser, decd, and the children of Margaret Keyser, dec'd to wit: William A. Simpson and Mary J. Simpson a minor, by her first marriage, and Ida G. Patterson, a minor by her second marriage, and Marsh, her last husband, heirs and distributees of Fleming Keyser, decd.
The object of the suit is to obtain a settlement and distribution of the personal estate, and to sell the lands and to distribute the proceeds to those entitled to receive the same.
The defendants, John A. Dickson, and Margaret his wife, late Margaret Keyser, John Keyser and Elizabeth his wife, late Elizabeth Keyser, Martha Marsh, William A. Simpson, Mary J. Simpson, Ida G. Patterson, ____ Marsh, and Alexander Keyser (a minor) not having entered their appearance and it appearing from satisfactory evidence that they are each non-residents of this Commonwealth: It is ordered that they do appear here within one month after due publication of this notice and do what is necessary to protect their interests.
Teste,
HENRY C. VAUGHAN,
mar29-4w Clerk.
Source: Chancery Order Book Alleghany Co., VA Vol. 2 1853-1878 (FHL m/f 1888407)
p. 211-212
August Term 1871
James F. Keyser in his own right & as one of the Adm's of Fleming Keyser dec'd & others vs. Wm. H. Keyser Adm.
John J. Hobbs is hereby appointed Guardian ad litem of the infant heirs of defendants, Loumina Keyser, James Walter Keyser, Alexander Keyser, Mary J. Simpson and Ida G. Patterson, who hath leave to file their answer which is accordingly done. And more than a month having past since the filing of the plaintiffs bill and the service of the subpoena in this Cause when the defendants Wm. H. Keyser and Margaret Keyser and they still failing to appear and answer, the said bill is taken for confessed as to them. And the plaintiff having regularly proceeded by order of publication according to the Act of Assembly and the rules of this Court against the absent defendant Jno. A. Dickson and Margaret his wife, John Keyser and Elizabeth his wife, Martha Marsh, William A. Simpson and ________ Marsh. And this cause coming on to be heard this 29th day of August 1871 when the Bill & Exhibits filed therewith the answer of the said defendants Loumina Keyser, James Walter Keyser, Alexander Keyser, Mary J. Simpson and Ida G. Patterson, by John J. Hobbs their guardian ad litem. And was argued by Counsel. Upon consideration whereof it is adjudged, ordered & decreed that this cause be and the same is hereby referred to one of the Master Commissioners of the Court with directions that he state and settle the following accounts -- towit -- 1st an account of the actings and doings of Wm. H. Keyser and James F. Keyser as administrators of the said Flemming Keyser dec'd and of the outstanding debts due from the estate of the said Flemming Keyser, dec'd, 2nd on account of the rents and profits arising from the Real Estate in the Bill mentioned and 3rd an account of the annual rental and fee simple value repectively of the said Real Estate, together with any other matters specially stated deemed pertinent by himself or required by any of the parties to be stated. And make report of his proceedings herein to the next term of this Court -- And said Com'r before proceeding to take and settle said accounts shall advertise the time & place of taking the same in the Staunton Spectator, a newpaper publication of the Town of Staunton which notice shall be equivalent to personal service of the same on all of the parties. And said Com'r is authorized to proceed in the absence of any of the parties who having such notice of his primary appointment or adjournment shall fail to attend him.
Source: Chancery Order Book Alleghany Co., VA Vol. 2 1853-1878
April Term 1876
p. 430
Simpson vs.
Keyser's Adm.
On the motion of Wm. H. Keyser, adm. of Fleming Keyser dec'd leave is given him to file his answer which is accordingly done and this cause came in to be heard this day upon the bill and exhibit, the answer of the defendants Wm. H. Keyser, adm. of Fleming Keyser dec'd and Lewis J. Mann, and the bill taken & is confessed as to the other defendants, more than thirty days having elapsed since the filing of said bill and the return of the subpoena duly executed as to the same defendants and the order of publication executed as to the absent defendants, and was argued by Counsel, upon consideration whereof it is adjudged, ordered and decreed that this cause be referred to Master Commissioner J. J. Hobbs, with instructions to state, settle and adjust the accounts of John Patterson, administrator of Washington Simpson dec'd, making distribution of the amount due from said Patterson to said Estate, if anything together with any matter specially stated deemed pertinent by himself or required by any of the parties to be stated. The Master is authorized to state said account after publishing the time and place of stating the same over a week for four successive weeks, in the Spectator a newspaper published in the city of Staunton which publication shall be deemed equivalent to personal service of notice on all of the parties in interest except the Deft. Wm. H. Keyser adm. or who shall have personal service of notice.
Source: Chancery Order Book Alleghany Co., VA Vol. 2 1853-1878
September Term 1877
p. 512
Mollie Simpson vs.
Keyser's Adm.
This cause coming on again to be further heard this day upon the papers formerly read and the Report of Commissioner J. J. Hobbs, filed April 10, 1877, with three exceptions thereto by the Defendant Wm. H. Keyser, Adm. Fleming Keyser dec'd, was argued by Counsel. Upon consideration whereof, and the Court having maturely considered the said Exceptions doth overide the 1st & 3rd aforesaid Exceptions and doth sustain the 2nd exception, and doth further adjudge, order and decree that the Cause be recommitted to the Commissioner J. J. Hobbs, with instruction that he remodel his said report by abate --from the plaintiffs interest in the Estate of Washington Simpson dec'd, the principal sum due her for the period during which she was maintained by her step-father John Patterson and it being suggested that the defendant Wm. Simpson has not been heard from for more than seven years, it is further adjudged, orderd and decreed that said Commissioner inquire whether or not such is the fact, and if upon such inquiry said Commissioner shall be satisfied that said Wm. Simpson has not been heard of for the period of seven years last past, then said Commissioner will make distribution of his interest in said Estate, amongst those who would be his heirs if he were dec'd, and said Commissioner will report his proceedings under this decree to Court, together with any other matter specially stated, deemed pertinent by himself, or required by any of the parties to be so stated.
Source: Chancery Order Book Alleghany Co., VA Vol. 3-4 1883-1897
September Term 1885
Vol. 3, p. 126-127
Keysers Heirs against
Keysers Adm.
This cause coming on again to be further heard this day upon the papers formerly read and the Report No. 6 of Master Commissioner J. J. Hobbs made since the last term of the Court and filed on the 11th day of September 1885 was argued by Counsel. Upon consideration whereof and there being no exceptions to said Report No. 6, it is adjudged, ordered and decreed that the same be and it is hereby in all things ratified and confirmed. And it appearing for-in said Report No. 6 that there was in the hands of Wm. M. McAllister Special Receiver in this cause on the 16th day of August 1885, the sum of $1015.74 and that after retaining in the hands of said Special Receiver the sum of $12.88 to pay future costs of this suit the residue thereof should be distributed as follows to wit: to Wm. M. McAllister, Attorney for the Heirs at law of Fleming Keyser, dec'd, as and for his fee for presenting this suit the sum of $249 of which $150.00 is principal, to Wm. M. McAllister, Attorney for the said Heirs at Law other item, ???? A.. & J. F. Keyser, the further sum of $83.00 of which $40.00 is principal for his legal services in presenting an issue out of Chancery; to A. L. Parrish, Attorney for said last named Heirs at law, the sum of $111.50 of which $24.00 is principal for presenting said issue out of Chancery; to Porter V. Davidson the sum of $34.06 of which $10 part thereof is principal, being the only unpaid debt against the Estate of Fleming Keyser dec'd. And to the Heirs at Law of Fleming Keyser dec'd. as follows to wit: to Mrs. M. J. Simpson the wife of Rezin Simpson, Mrs. E. V. Keyser Bradshaw the wife of Franklin Bradshaw, Mrs. Elizabeth Keyser, Mrs. Margaret Dickson & Miss Louvina each the sum of $85.06; to Wm. M. McAllister, Assignee of J. Walter Keyser and David A. Keyser each the sum of $42.53 and to D. E. Smith, Adm. of Mrs. M. J. Smith, W. A. Simpson and Ida G. Patterson each the sum of $28.06. It is therefore, further adjudged, ordered and decreed that said Special Receiver pay to the said several parties the said sums due them respectively as shown by said Report No. 6 and upon his proceedings under this decree to the next term of this Court. And it further appearing from said Report No. 6 that the Defendant Wm. H. Keyser is indebted to the Estate of Fleming Keyser dec'd in the sum of $972.46 with legal interest on $763.38 part thereof from the first day of August 1885 till paid and that said Wm. H. Keyser is further indebted to said Estate in the sum of $1547.55 with legal interest thereon from the 29th day of September 1884 till paid, being the balance due by him and his surities on his land purchase of 1873: it is therefore further adjudged, orderd and decreed that Wm. M. McAllister, Special Receiver in this Cause recover against the said Wm. H. Keyser the said sum of $972.46 with legal interest on $753.38 part thereof from said 1st day of August 1885 till paid, and the said sum of $1547.55 with like interest thereon from said 27th day of September 1884 till paid. And leave is given said Special Receiver to sue out execution therefor according to law. And such Special Receiver will out of the funds in his hands pay any unpaid costs of this suit.
Source: Alleghany Co., VA Order Book 5, p. 604
April Court, 1859
"On motion of John Patterson who made oath and enters into loan with Fleming Keyser his security in the penalty of 2400 $ conditioned according to law. Letter of Administation is granted the said John Patterson upon the Estate of Washington Simpson, dec'd and the former bond of Martha A. Simpson with Lewis T. Mann in this behalf is set aside."
http://chroniclingamerica.loc.gov/lccn/sn84024718/1870-03-29/ed-1
Staunton spectator., March 29, 1870, Image 2
At rules held in the Circuit Court Clerk's office for Alleghany county, on Monday, the 7th day of March, 1870, James F. Keyser in his own right, and as one of the administrators of Fleming Keyser, decd, Resin Simpson and Mary J., his wife, (late Mary J. Keyser), Franklin Bradshaw and Estaline V., his wife, (late Esteline V. Keyser), heirs and distributees of Fleming Keyser, decd,
AGAINST
William H. Keyser, administrator, heir and distributee of Fleming Keyser, decd, and Margaret Keyser, widow, and Loumina Keysor, infant of the said Fleming Keyser, deceased, and John A. Dickson, and Margaret his wife, (late Margaret Keyser), John Keyser and Elizabeth his wife, (late Elizabeth Keyser), and James Walter Keyser and Alexander Keyser, infant children of Andrew J. Keyser, decd, and the children of Margaret Keyser, dec'd to wit: William A. Simpson and Mary J. Simpson a minor, by her first marriage, and Ida G. Patterson, a minor by her second marriage, and Marsh, her last husband, heirs and distributees of Fleming Keyser, decd.
The object of the suit is to obtain a settlement and distribution of the personal estate, and to sell the lands and to distribute the proceeds to those entitled to receive the same.
The defendants, John A. Dickson, and Margaret his wife, late Margaret Keyser, John Keyser and Elizabeth his wife, late Elizabeth Keyser, Martha Marsh, William A. Simpson, Mary J. Simpson, Ida G. Patterson, ____ Marsh, and Alexander Keyser (a minor) not having entered their appearance and it appearing from satisfactory evidence that they are each non-residents of this Commonwealth: It is ordered that they do appear here within one month after due publication of this notice and do what is necessary to protect their interests.
Teste,
HENRY C. VAUGHAN,
mar29-4w Clerk.
Source: Chancery Order Book Alleghany Co., VA Vol. 2 1853-1878 (FHL m/f 1888407)
p. 211-212
August Term 1871
James F. Keyser in his own right & as one of the Adm's of Fleming Keyser dec'd & others vs. Wm. H. Keyser Adm.
John J. Hobbs is hereby appointed Guardian ad litem of the infant heirs of defendants, Loumina Keyser, James Walter Keyser, Alexander Keyser, Mary J. Simpson and Ida G. Patterson, who hath leave to file their answer which is accordingly done. And more than a month having past since the filing of the plaintiffs bill and the service of the subpoena in this Cause when the defendants Wm. H. Keyser and Margaret Keyser and they still failing to appear and answer, the said bill is taken for confessed as to them. And the plaintiff having regularly proceeded by order of publication according to the Act of Assembly and the rules of this Court against the absent defendant Jno. A. Dickson and Margaret his wife, John Keyser and Elizabeth his wife, Martha Marsh, William A. Simpson and ________ Marsh. And this cause coming on to be heard this 29th day of August 1871 when the Bill & Exhibits filed therewith the answer of the said defendants Loumina Keyser, James Walter Keyser, Alexander Keyser, Mary J. Simpson and Ida G. Patterson, by John J. Hobbs their guardian ad litem. And was argued by Counsel. Upon consideration whereof it is adjudged, ordered & decreed that this cause be and the same is hereby referred to one of the Master Commissioners of the Court with directions that he state and settle the following accounts -- towit -- 1st an account of the actings and doings of Wm. H. Keyser and James F. Keyser as administrators of the said Flemming Keyser dec'd and of the outstanding debts due from the estate of the said Flemming Keyser, dec'd, 2nd on account of the rents and profits arising from the Real Estate in the Bill mentioned and 3rd an account of the annual rental and fee simple value repectively of the said Real Estate, together with any other matters specially stated deemed pertinent by himself or required by any of the parties to be stated. And make report of his proceedings herein to the next term of this Court -- And said Com'r before proceeding to take and settle said accounts shall advertise the time & place of taking the same in the Staunton Spectator, a newpaper publication of the Town of Staunton which notice shall be equivalent to personal service of the same on all of the parties. And said Com'r is authorized to proceed in the absence of any of the parties who having such notice of his primary appointment or adjournment shall fail to attend him.
Source: Chancery Order Book Alleghany Co., VA Vol. 2 1853-1878
April Term 1876
p. 430
Simpson vs.
Keyser's Adm.
On the motion of Wm. H. Keyser, adm. of Fleming Keyser dec'd leave is given him to file his answer which is accordingly done and this cause came in to be heard this day upon the bill and exhibit, the answer of the defendants Wm. H. Keyser, adm. of Fleming Keyser dec'd and Lewis J. Mann, and the bill taken & is confessed as to the other defendants, more than thirty days having elapsed since the filing of said bill and the return of the subpoena duly executed as to the same defendants and the order of publication executed as to the absent defendants, and was argued by Counsel, upon consideration whereof it is adjudged, ordered and decreed that this cause be referred to Master Commissioner J. J. Hobbs, with instructions to state, settle and adjust the accounts of John Patterson, administrator of Washington Simpson dec'd, making distribution of the amount due from said Patterson to said Estate, if anything together with any matter specially stated deemed pertinent by himself or required by any of the parties to be stated. The Master is authorized to state said account after publishing the time and place of stating the same over a week for four successive weeks, in the Spectator a newspaper published in the city of Staunton which publication shall be deemed equivalent to personal service of notice on all of the parties in interest except the Deft. Wm. H. Keyser adm. or who shall have personal service of notice.
Source: Chancery Order Book Alleghany Co., VA Vol. 2 1853-1878
September Term 1877
p. 512
Mollie Simpson vs.
Keyser's Adm.
This cause coming on again to be further heard this day upon the papers formerly read and the Report of Commissioner J. J. Hobbs, filed April 10, 1877, with three exceptions thereto by the Defendant Wm. H. Keyser, Adm. Fleming Keyser dec'd, was argued by Counsel. Upon consideration whereof, and the Court having maturely considered the said Exceptions doth overide the 1st & 3rd aforesaid Exceptions and doth sustain the 2nd exception, and doth further adjudge, order and decree that the Cause be recommitted to the Commissioner J. J. Hobbs, with instruction that he remodel his said report by abate --from the plaintiffs interest in the Estate of Washington Simpson dec'd, the principal sum due her for the period during which she was maintained by her step-father John Patterson and it being suggested that the defendant Wm. Simpson has not been heard from for more than seven years, it is further adjudged, orderd and decreed that said Commissioner inquire whether or not such is the fact, and if upon such inquiry said Commissioner shall be satisfied that said Wm. Simpson has not been heard of for the period of seven years last past, then said Commissioner will make distribution of his interest in said Estate, amongst those who would be his heirs if he were dec'd, and said Commissioner will report his proceedings under this decree to Court, together with any other matter specially stated, deemed pertinent by himself, or required by any of the parties to be so stated.
Source: Chancery Order Book Alleghany Co., VA Vol. 3-4 1883-1897
September Term 1885
Vol. 3, p. 126-127
Keysers Heirs against
Keysers Adm.
This cause coming on again to be further heard this day upon the papers formerly read and the Report No. 6 of Master Commissioner J. J. Hobbs made since the last term of the Court and filed on the 11th day of September 1885 was argued by Counsel. Upon consideration whereof and there being no exceptions to said Report No. 6, it is adjudged, ordered and decreed that the same be and it is hereby in all things ratified and confirmed. And it appearing for-in said Report No. 6 that there was in the hands of Wm. M. McAllister Special Receiver in this cause on the 16th day of August 1885, the sum of $1015.74 and that after retaining in the hands of said Special Receiver the sum of $12.88 to pay future costs of this suit the residue thereof should be distributed as follows to wit: to Wm. M. McAllister, Attorney for the Heirs at law of Fleming Keyser, dec'd, as and for his fee for presenting this suit the sum of $249 of which $150.00 is principal, to Wm. M. McAllister, Attorney for the said Heirs at Law other item, ???? A.. & J. F. Keyser, the further sum of $83.00 of which $40.00 is principal for his legal services in presenting an issue out of Chancery; to A. L. Parrish, Attorney for said last named Heirs at law, the sum of $111.50 of which $24.00 is principal for presenting said issue out of Chancery; to Porter V. Davidson the sum of $34.06 of which $10 part thereof is principal, being the only unpaid debt against the Estate of Fleming Keyser dec'd. And to the Heirs at Law of Fleming Keyser dec'd. as follows to wit: to Mrs. M. J. Simpson the wife of Rezin Simpson, Mrs. E. V. Keyser Bradshaw the wife of Franklin Bradshaw, Mrs. Elizabeth Keyser, Mrs. Margaret Dickson & Miss Louvina each the sum of $85.06; to Wm. M. McAllister, Assignee of J. Walter Keyser and David A. Keyser each the sum of $42.53 and to D. E. Smith, Adm. of Mrs. M. J. Smith, W. A. Simpson and Ida G. Patterson each the sum of $28.06. It is therefore, further adjudged, ordered and decreed that said Special Receiver pay to the said several parties the said sums due them respectively as shown by said Report No. 6 and upon his proceedings under this decree to the next term of this Court. And it further appearing from said Report No. 6 that the Defendant Wm. H. Keyser is indebted to the Estate of Fleming Keyser dec'd in the sum of $972.46 with legal interest on $763.38 part thereof from the first day of August 1885 till paid and that said Wm. H. Keyser is further indebted to said Estate in the sum of $1547.55 with legal interest thereon from the 29th day of September 1884 till paid, being the balance due by him and his surities on his land purchase of 1873: it is therefore further adjudged, orderd and decreed that Wm. M. McAllister, Special Receiver in this Cause recover against the said Wm. H. Keyser the said sum of $972.46 with legal interest on $753.38 part thereof from said 1st day of August 1885 till paid, and the said sum of $1547.55 with like interest thereon from said 27th day of September 1884 till paid. And leave is given said Special Receiver to sue out execution therefor according to law. And such Special Receiver will out of the funds in his hands pay any unpaid costs of this suit.
April Court, 1859
"On motion of John Patterson who made oath and enters into loan with Fleming Keyser his security in the penalty of 2400 $ conditioned according to law. Letter of Administation is granted the said John Patterson upon the Estate of Washington Simpson, dec'd and the former bond of Martha A. Simpson with Lewis T. Mann in this behalf is set aside."
http://chroniclingamerica.loc.gov/lccn/sn84024718/1870-03-29/ed-1
Staunton spectator., March 29, 1870, Image 2
At rules held in the Circuit Court Clerk's office for Alleghany county, on Monday, the 7th day of March, 1870, James F. Keyser in his own right, and as one of the administrators of Fleming Keyser, decd, Resin Simpson and Mary J., his wife, (late Mary J. Keyser), Franklin Bradshaw and Estaline V., his wife, (late Esteline V. Keyser), heirs and distributees of Fleming Keyser, decd,
AGAINST
William H. Keyser, administrator, heir and distributee of Fleming Keyser, decd, and Margaret Keyser, widow, and Loumina Keysor, infant of the said Fleming Keyser, deceased, and John A. Dickson, and Margaret his wife, (late Margaret Keyser), John Keyser and Elizabeth his wife, (late Elizabeth Keyser), and James Walter Keyser and Alexander Keyser, infant children of Andrew J. Keyser, decd, and the children of Margaret Keyser, dec'd to wit: William A. Simpson and Mary J. Simpson a minor, by her first marriage, and Ida G. Patterson, a minor by her second marriage, and Marsh, her last husband, heirs and distributees of Fleming Keyser, decd.
The object of the suit is to obtain a settlement and distribution of the personal estate, and to sell the lands and to distribute the proceeds to those entitled to receive the same.
The defendants, John A. Dickson, and Margaret his wife, late Margaret Keyser, John Keyser and Elizabeth his wife, late Elizabeth Keyser, Martha Marsh, William A. Simpson, Mary J. Simpson, Ida G. Patterson, ____ Marsh, and Alexander Keyser (a minor) not having entered their appearance and it appearing from satisfactory evidence that they are each non-residents of this Commonwealth: It is ordered that they do appear here within one month after due publication of this notice and do what is necessary to protect their interests.
Teste,
HENRY C. VAUGHAN,
mar29-4w Clerk.
Source: Chancery Order Book Alleghany Co., VA Vol. 2 1853-1878 (FHL m/f 1888407)
p. 211-212
August Term 1871
James F. Keyser in his own right & as one of the Adm's of Fleming Keyser dec'd & others vs. Wm. H. Keyser Adm.
John J. Hobbs is hereby appointed Guardian ad litem of the infant heirs of defendants, Loumina Keyser, James Walter Keyser, Alexander Keyser, Mary J. Simpson and Ida G. Patterson, who hath leave to file their answer which is accordingly done. And more than a month having past since the filing of the plaintiffs bill and the service of the subpoena in this Cause when the defendants Wm. H. Keyser and Margaret Keyser and they still failing to appear and answer, the said bill is taken for confessed as to them. And the plaintiff having regularly proceeded by order of publication according to the Act of Assembly and the rules of this Court against the absent defendant Jno. A. Dickson and Margaret his wife, John Keyser and Elizabeth his wife, Martha Marsh, William A. Simpson and ________ Marsh. And this cause coming on to be heard this 29th day of August 1871 when the Bill & Exhibits filed therewith the answer of the said defendants Loumina Keyser, James Walter Keyser, Alexander Keyser, Mary J. Simpson and Ida G. Patterson, by John J. Hobbs their guardian ad litem. And was argued by Counsel. Upon consideration whereof it is adjudged, ordered & decreed that this cause be and the same is hereby referred to one of the Master Commissioners of the Court with directions that he state and settle the following accounts -- towit -- 1st an account of the actings and doings of Wm. H. Keyser and James F. Keyser as administrators of the said Flemming Keyser dec'd and of the outstanding debts due from the estate of the said Flemming Keyser, dec'd, 2nd on account of the rents and profits arising from the Real Estate in the Bill mentioned and 3rd an account of the annual rental and fee simple value repectively of the said Real Estate, together with any other matters specially stated deemed pertinent by himself or required by any of the parties to be stated. And make report of his proceedings herein to the next term of this Court -- And said Com'r before proceeding to take and settle said accounts shall advertise the time & place of taking the same in the Staunton Spectator, a newpaper publication of the Town of Staunton which notice shall be equivalent to personal service of the same on all of the parties. And said Com'r is authorized to proceed in the absence of any of the parties who having such notice of his primary appointment or adjournment shall fail to attend him.
Source: Chancery Order Book Alleghany Co., VA Vol. 2 1853-1878
April Term 1876
p. 430
Simpson vs.
Keyser's Adm.
On the motion of Wm. H. Keyser, adm. of Fleming Keyser dec'd leave is given him to file his answer which is accordingly done and this cause came in to be heard this day upon the bill and exhibit, the answer of the defendants Wm. H. Keyser, adm. of Fleming Keyser dec'd and Lewis J. Mann, and the bill taken & is confessed as to the other defendants, more than thirty days having elapsed since the filing of said bill and the return of the subpoena duly executed as to the same defendants and the order of publication executed as to the absent defendants, and was argued by Counsel, upon consideration whereof it is adjudged, ordered and decreed that this cause be referred to Master Commissioner J. J. Hobbs, with instructions to state, settle and adjust the accounts of John Patterson, administrator of Washington Simpson dec'd, making distribution of the amount due from said Patterson to said Estate, if anything together with any matter specially stated deemed pertinent by himself or required by any of the parties to be stated. The Master is authorized to state said account after publishing the time and place of stating the same over a week for four successive weeks, in the Spectator a newspaper published in the city of Staunton which publication shall be deemed equivalent to personal service of notice on all of the parties in interest except the Deft. Wm. H. Keyser adm. or who shall have personal service of notice.
Source: Chancery Order Book Alleghany Co., VA Vol. 2 1853-1878
September Term 1877
p. 512
Mollie Simpson vs.
Keyser's Adm.
This cause coming on again to be further heard this day upon the papers formerly read and the Report of Commissioner J. J. Hobbs, filed April 10, 1877, with three exceptions thereto by the Defendant Wm. H. Keyser, Adm. Fleming Keyser dec'd, was argued by Counsel. Upon consideration whereof, and the Court having maturely considered the said Exceptions doth overide the 1st & 3rd aforesaid Exceptions and doth sustain the 2nd exception, and doth further adjudge, order and decree that the Cause be recommitted to the Commissioner J. J. Hobbs, with instruction that he remodel his said report by abate --from the plaintiffs interest in the Estate of Washington Simpson dec'd, the principal sum due her for the period during which she was maintained by her step-father John Patterson and it being suggested that the defendant Wm. Simpson has not been heard from for more than seven years, it is further adjudged, orderd and decreed that said Commissioner inquire whether or not such is the fact, and if upon such inquiry said Commissioner shall be satisfied that said Wm. Simpson has not been heard of for the period of seven years last past, then said Commissioner will make distribution of his interest in said Estate, amongst those who would be his heirs if he were dec'd, and said Commissioner will report his proceedings under this decree to Court, together with any other matter specially stated, deemed pertinent by himself, or required by any of the parties to be so stated.
Source: Chancery Order Book Alleghany Co., VA Vol. 3-4 1883-1897
September Term 1885
Vol. 3, p. 126-127
Keysers Heirs against
Keysers Adm.
This cause coming on again to be further heard this day upon the papers formerly read and the Report No. 6 of Master Commissioner J. J. Hobbs made since the last term of the Court and filed on the 11th day of September 1885 was argued by Counsel. Upon consideration whereof and there being no exceptions to said Report No. 6, it is adjudged, ordered and decreed that the same be and it is hereby in all things ratified and confirmed. And it appearing for-in said Report No. 6 that there was in the hands of Wm. M. McAllister Special Receiver in this cause on the 16th day of August 1885, the sum of $1015.74 and that after retaining in the hands of said Special Receiver the sum of $12.88 to pay future costs of this suit the residue thereof should be distributed as follows to wit: to Wm. M. McAllister, Attorney for the Heirs at law of Fleming Keyser, dec'd, as and for his fee for presenting this suit the sum of $249 of which $150.00 is principal, to Wm. M. McAllister, Attorney for the said Heirs at Law other item, ???? A.. & J. F. Keyser, the further sum of $83.00 of which $40.00 is principal for his legal services in presenting an issue out of Chancery; to A. L. Parrish, Attorney for said last named Heirs at law, the sum of $111.50 of which $24.00 is principal for presenting said issue out of Chancery; to Porter V. Davidson the sum of $34.06 of which $10 part thereof is principal, being the only unpaid debt against the Estate of Fleming Keyser dec'd. And to the Heirs at Law of Fleming Keyser dec'd. as follows to wit: to Mrs. M. J. Simpson the wife of Rezin Simpson, Mrs. E. V. Keyser Bradshaw the wife of Franklin Bradshaw, Mrs. Elizabeth Keyser, Mrs. Margaret Dickson & Miss Louvina each the sum of $85.06; to Wm. M. McAllister, Assignee of J. Walter Keyser and David A. Keyser each the sum of $42.53 and to D. E. Smith, Adm. of Mrs. M. J. Smith, W. A. Simpson and Ida G. Patterson each the sum of $28.06. It is therefore, further adjudged, ordered and decreed that said Special Receiver pay to the said several parties the said sums due them respectively as shown by said Report No. 6 and upon his proceedings under this decree to the next term of this Court. And it further appearing from said Report No. 6 that the Defendant Wm. H. Keyser is indebted to the Estate of Fleming Keyser dec'd in the sum of $972.46 with legal interest on $763.38 part thereof from the first day of August 1885 till paid and that said Wm. H. Keyser is further indebted to said Estate in the sum of $1547.55 with legal interest thereon from the 29th day of September 1884 till paid, being the balance due by him and his surities on his land purchase of 1873: it is therefore further adjudged, orderd and decreed that Wm. M. McAllister, Special Receiver in this Cause recover against the said Wm. H. Keyser the said sum of $972.46 with legal interest on $753.38 part thereof from said 1st day of August 1885 till paid, and the said sum of $1547.55 with like interest thereon from said 27th day of September 1884 till paid. And leave is given said Special Receiver to sue out execution therefor according to law. And such Special Receiver will out of the funds in his hands pay any unpaid costs of this suit.
Family Members
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