Court decree on the final settlement of Randolph Rutherford, Sr.'s personal and real estate.

Virginia: At a Circuit Superior Court of Law and Chancery continued and held for Wythe County at the Court House on Wednesday the 17th day of September 1845.

James T. Gleaves Complt
vs
The Heirs of Randolph Rutherford decd. Defts

This cause came on to be heard this 17 day of September 1845, upon the bill of the complainant, exhibits filed and was argued by counsel and it appearing to the satisfaction of the Court that the order of publication heretofore awarded against the absent defendants has been duly posted and published according to law, and they still failing to appear and answer the bill of the complainants the same is therefore taken for confessed as to them, and it further appearing to the Court from the several reports of James S. Yost who was heretofore appointed by the County Court of Wythe a commissioner to state settle, and adjust the executional accounts of the complainant as the executor of the last will and Testament of the said Randolph Rutherford deceased that there was a balance in the hands of the complainant as Executor as aforesaid on the 20th day of March 1844 the sum of $212.04 cents arising from the sale of the lands in the bill mentioned as well as the personal estate of the said Randolph Rutherford deceased which appears from copies of said reports, and vouchers therewith exhibited, and on file in the clerk's office of the County Court of Wythe County which said sum of $212.04 together with the legal interest thereon from the said 20th day of March 1844 to the date of this decree amounts to the

sum of $231.12 and the said complainant having paid the same into Court, It is therefore adjudged ordered and decreed that the said defendants execute to the complainant a deed of conveyance to the lands in the bill mentioned on or before the first day of November next, and if the said defendants shall fail to execute such deed of conveyance to the complainant for the lands in the bill mentioned on or before the said first day of November next, that then John P. Mathews who is hereby appointed a commissioner for that purpose do execute to the complainant a deed of conveyance for the lands in the bill mentioned with special warranty against himself and heirs. And it still further appearing from the said several reports that since the filing of this bill the Complt has paid other sums and incurred other expenses for which he has not yet received any credit; it is further ordered that Master Commissioner John P. Mathews do make out the Executional account of the complainant showing the balance in his hands in favor of the heirs and distributees of the said Randolph Rutherford deceased allowing such additional credits as the Complt may be entitled to, that the said sum of $231.12 be placed in the hands of said Mathews as receiver of this Court and that he loan the same out taking bond and security payable to himself as receiver of this Court payable on the first day of April next & that he report his proceedings to Court. But out of the sum thus paid he is to retain so much as is sufficient to pay the costs of this suit, which is to be repaid to the complainant

A copy Teste

W. A. Stuart D. C.

James T. Gleaves

Copy decree

R. Rutherford's heirs