1856: June 1 to 1857 June 1 Estate Settlement - Mary Wallace Greenbrier County, WVa. Probate Record: p. 330-331 Persuant to an order of the county court of Greenbrier county made at the October Term thereof 1856 (see copy herewith filed and marked A) the following report & settlement of the exectorial account of John Burr upon the estate of Mary Wallace dec'd is respectfully submitted. There being no date to either the appraisment or sale bill, and nothing to shew upon what credit the personal estate was sold, your Commissioner has been at a loss to know when to open this account. He finds however from a copy of the will (filed & marked B) that it was admitted to probate at the May Term 1855 and that the executor qualified at the same term, and presumes that the estate came to his hands soon thereafter, and that the sale was upon the usual terms of 12 months. He finds also upon examination of the papers, that with the exception of ten dollars on hand at the death of the testatrix, no monies were received by him either upon the sale bill or upon bonds due testatrix until after the 1st June 1856, nor were any of the debts paid until after that time, but all the business seems to have been done between the 1st of June 1856 and the 1st of November of the same year. The account will be opened therefore on the 1st of June 1856 & the estate credited with the sale bill and all the debts (as the executor seems to have collected all) with Interest charged therein to the 1st of June 1856 and the ten dollars on hand and charged with all disbursements properly made by the executor and a commission of 5 per cent upon the receipts and the fees that are and will become due to your clerk & Commissioner for making & recording this settlement, and the account closed upon the 1st of June 1857, shewing the balance if any in the hands of the executor. An account will then be opened between the executor & each of the residuary legatees to show how the account stands between them. The executor will not be charged with Interest as all the business seems to have been done within the year. p. 330 The Estate of Mary Wallace deceased in account with John Burr executor of said estate D'r [Debits] To paid Clk County Court fees at May Term 1855 2.75 " " Acct due exor 5.37 " " Shff Taxes of 1855 8.36 " " Wallace Skaggs ___ a/c 11.03 " " Joseph Griffee a/c .63 " " Doctrs Callison & Renick their a/c 74.73 " " Shff taxes for 1856 5.80 " " Testatrix's bond to Jos Griffee 14.31 " " Geo Knight legacy due to his wife see will 200.00 " " Bollar McClung legacy due his wife (see ") 200.00 " " Ja's Kincaid legacy due his wife 200.00 " " A J Hickman legacy due his wife 200.00 " " Wm McClung am't of his legacy 15.00 " amt to be retained by exor to pay the legacy of S. Wallace 40.00 " to be retained by exor to pay the legacy of M. Wallace 40.00 " to be retained by exor to pay the legacy of Alex Wallace 40.00 " fees due the clk of Co. court for copies of will, sale & app't bill & to become due for records this settlement 3.70 " fee that will be due your Court for making & reporting this settlement 7.50 " Comm'n of 5 prct on $1524.82 the amt of receipts 77.33 " amt due from the exor after paying all the specific legacies 400.00 { Total } 1546.77 p.331 1856 June 1 to 1857 June 1 Credits By amount of sale bill supposed to be due at this date (see sale bill $809.43 " proceeds of a bond on executor himself with Int to 1 June 1856 See Inventory 96.40 " proceeds of a bond on George Knight with Interest to same time 450.45 " proceeds of a bond on Geo Knight with Interest to same time 46.40 " proceeds of a bond onn Bollar McClung with Int to same time 44.00 " proceeds of a bond on W Wallace with Interest to same time 69.25 " proceeds of a bond on R Wallace with Interest to same time 20.84 " cash on hand at the death of Testatrix 10.00 p. 333 By amount to be due from the executor after the payment of the debts & specific legacies which is to be divided between the residuary Legatees Washington & Robert Wallace see page 2 of this account $400.26 By the foregoing account it will be seen that there is $400.26 to be divided between Washington & Robert Wallace and as advances seem to have been made to each of them, accounts will now be raised between them & the executor. p. 332 In account with Washington Wallace distributee To 1/2 of the amount found to be due from you after the payment of the debts & specific legacies see above acct $200.13 By cash as p'r rec't dated 3rd of Oct 1856 filed & marked L $100.00 By cash as p'r rec't dated 10 Oct 1856 filed & marked O $114.08 {214.08} Amt overpaid Washington Wallace $13.95 page 333 John Burr exor of Mary Wallace dec'd In acc't with Robert Wallace distributee To one half the amt found found to be due from you after payment of debts & specific legacies (see above a/c) Credit By cash bonds as per rec't 5 Oct 1856 filed & marked P $182.94 " " as p'r rec't dated 12 Oct 1856 filed & marked R $ 31.14 {$214.08 Amt overpaid R Wallace $13.95 It seems from the foregoing that the executor has overpaid the ______, Legatees $13.95 each in the aggregate $37.90 for which he must have credit if any other funds of the estate shall hereafter come to his hands and another settlement become necessary. Respectfully Submitted James Wethrow Com'r April 9, 1858 p. 332 Greenbrier County Court September Term 1858 A Report & Settlement of the executional account of John Burr upon the estate of Mary Wallace dec'd having been filed in the Clerks office for one month & no exceptions taken thereto the same is confirmed & ordered to be recorded Teste Joel McPherson Clk