Suit papers filed in Floyd County Virginia Circuit Court Legatees of Thomas Helm Estate of Franklin Co., VA Date: 1881 To the Hon. Henry E. Blair Judge of Floyd Circuit Court. Humbly complaining by this their Cross Bill + Petition for rehearing filed by leave of Court - showeth unto your Honor your orator Samuel Strickler and William B Shelor in their own rights and as Administrators of John Helms dec'd + your Oratrices Nancy A Strickler wife of said Samuel and Elizabeth wife of said William B : that at August rules 1879 of Frank- lin Circuit Court John Martin and Polly his wife Ira M Hurt and Lavinia J his wife Stephen P Saunders and Olivia his wife and others devisees + legatees of Thomas Helms dec'd filed a Bill in said Court against your compainents and devisor other persons (the names of all the complainants and defendants in said suit will appear from the records thereof which have been removed to and are now pending in you Honr's Court and are prayed to be read as part of this Bill + Petition). In said Bill they alleged the death of Thomas Helms late of Franklin County. the publication + probate of his Will qualification of his three sons Fleming Samuel + John as his Executors - subsequent death of all of the Executors - sale by them, while living of the personal real estate of testator - receipt of a large sum of money belonging to the estate - three exparte settlements of their accounts made July 1856 5 Feby + 1 Decem 1858 - the last being after Fleming + Samuel Helms were dead. An exparte separate settlement of the transactions of Jno Helms made by complainant Shelor before Comms Patterson after Jno Helms death - and that large sums were due from each + all the said Executors. The object of Bill was to surcharge + falsify said settle ments, to have the last one declared null and void, to charge the Executors with large sums not embraced by either of said settlements - especially with the amount of a large Sale Bill and to have further settlements of their accounts. Your Compainants Adminrs of Jno Helms answered the Bill denied that there was any liability upon their intestate and claimed that the estate was indebt to him. They alleged that the purchasers mentioned with Sale Bill referred to in the Bill of Compaint resided in Franklin + Floyd Counties.that they gave bonds for their purchases - that much the larger amount. was due from residents of Franklin Co - and that Samuel + John Helms divided the bonds between them and Samuel took the bond on persons residing in Franklin + John those on persons residing in Floyd County and that they were chargable accordingly. Samuel Helms Admins + some of his heirs answered, denying that he owed anything and asserting that Jno Helms after Samuel's death took possession of the assets of the estate which had been in Samuels hands - but of this there is no proof. The Court upon the Bill Exhibits therewith + answers directed one of its Commissioners (J.J. Carper) to take an account of all the estate of the testator, not especifically devised, which had not been accounted for in the settlement made in the life time of Jno Helms - thus ignoring the settlement made at instance of Wm B Shelor Admns of Jno Helms - and to make all other inquiries + take all other accounts deemed pertinent by him or required by any party. Under this decree said Commn made + reported seperate settlements of the accounts of each of said Executors bringing each one in debt.and a joint settlement of the accounts of John + Samuel Helms In the statement of John's Account he charged him with the whole of the sale bill which former settlements didnot show to have been accounted for. this charge being $1769.99 Dec 15 1855 - and with 1/2 the balance shown due by the settlement of Dec 1 1858 - and showed a balance against him as of Decem 15 1862 of $583.86 principal and $521.35 interest. Complainants excepted to this report had the Court confirm- ed at and at May Term 1880 decreed against Jno Helms' estate for 9/10 of the balance shown against him. 1/10 it is presumed being left as the share of Jno Helms who was one of the ten children of the testator entitled to proceeds of pershable property and money left by testor. Complainants allege the following errors appear ing on the record. 1st The personal representative of Thomas Helms widow the personal representatives + heirs of his son James + his daughters Barbary - Lucy + Elizabeth Ellen are not parties to the suit. 2nd By the accounts of Commns Patterson + Carper Jno Helms estate is made to account for the balance shown due from the three Executors on first settlement of $1290.70 June 1 1856 subject to credit Nov 1 1858 of $13.79 princpil + $97.21 interest charged to Saml Helms - whereas he should not have been charged with more than 1/3 of $1290.75 3rd Jno Helms estate is only credited with 1/10 of the balance against him. the credit should have been 1/10 of all the balances against the 3 Exceutors 4th Jno Helms is charged with whole of the Sale Bill not accounted for on previous settlements without evidence to warrant this charge. 5th The Complainants in Orginal Bill are given the benefit of the interest which occrued on the legacies to James Helms Barbery Helms + Lucy Snidows heirs - who are not parties to the suit and not precluded by the decree from recovering the same of the executors or their estates. Complainants further allege the following errors in the settlements and decree which do not appear on the record but the eivdence of which they have discovered since the decree was rendered and could not sooner have obtained by the exercise of reasonable dilegence 1 Jno Helms is charged by Commn Patterson with $260 received from Jno A Smith as of June 1 1857. 2nd settlement This was for corn charged on the sale bill to Jeff Wade who was the agent of said Smith. Mr. Smith gave his bond for the amt. and when it was collected was accounted for as paid by Smith. In ascertaining the amount of sale bill reaccounted for Commn Carper did not deduct the Smith payment from the amount of sale Bill and Jno Helms has been twice charged with this sum - Jno A Smith died before the suit was instituted Jeff Wade lives in Missouri Complainant Shelor endeavored before the decree to learn Wades whereabouts and to get from him a statement of the facts. but was unable to hear from him until after the decree. He has since received a letter from said Wade stating the facts as above stated. 2. In Commn Patterson's first settlement the Excutors are charged with $68.00 collected of Jacob Bernard and $102 of Jno Patterson and $16.50 of James Smith as of Dec 12 1855 and in the settlement of the joint account of land Jno Helms made by Commn Carper they are charged with $281.50 col- lected of Peter Guerrant as of 15 Dec 1855. These sums were either for property sold and are included in the sale bill or they were choses in action of the testator of his death by the former they would have been deducted from the $1769.99 charged as balance of sale bills + was error not to deduct items. If the latter it was error to charge them against the executors in favor of the parties to the suit for the reasons alleged in the next assign ment of error 3rd A suit was instituted January 1855 in Franklin Circuit Court by Thomas H Helms Abner Lester _urpe etals the Ex ecutors of Thomas Helms dec'd etals to which all the deviess legitees + heirs of said decedent were parties in which it was determined + decreed that Thomas Helms heirs died intestate as to his choses in action + certain real estate His heirs were put to their election either to bring advancements into ______ part or not to share in the chose in action + each real estate all except the heirs of James. Barberry + Lucy refused to bring into ______ and the Court decreed at October Term 1857 that the Ex ecutors should pay the proceeds of all chosen in action which the decedent left to a Receives of the Court in the benefit of the heirs of said James Barberry + Lucy The record of said suit is here filed as part of ___________ Of the choses in action so disposed of. were a bond on Steven Price $250 and a bond on Peter Calloway $540 and probably the Smith, Patterson, Guerrant, Bernard debts above mentioned The Price + Calloway bonds were col- lected by Samuel Helms + probably paid to the Receivers in said suit - they less a cr (credit) of $10 on Price's bond are charged to the Executors in the first settlement made by Commn Patterson - no credit is afterwards given for them and by the decree of May 1880 herein complained of the es- tates of Jno + Saml Helms are held again to account for these sums and to pay them to persons not entitled to any part thereof. The estate of Jno Helms heir's by the manner of stating the accounts held liable for all but $111.01 Complainants did not know of the decrees in each suit or that the chores in action had been so accounted for until since the decree of May 1880 - They are advised that this Court will either reorder the first settlement made by Commns Patterson + exchange the items there charged which resulted from chores in action left by the decedent or will decree a futher settlement of accounts on which the executors shall have credit for a sum equal to such improper charges and the interest therein + that the Guerrant payment will be exchanged from the first settlement reported by Commm Carper. Ira M Hurt was the husband of Elizabeth Ellen Helms she died without issue and no administrator qualified so far as Compainents are informed. Ira M Hurt is now dead + his second wife Lavinia J is his Admnex. Complainents claim that if anything is due from the estate or executors on acct of the share of said Elizabeth Ellen it must be divided among her brother + sisters + their decendants they are advised that the Complainants in orginal bill will be required to amend their Bill so asto make the personal represtantions of Sarah Widow of Thos Helms the heirs + representatives of James + Barbary Helms - Lucy Snidow and Elizabeth Ellen Hurt parties - that all de- crees entered heretofore settling principles of the cause should be set aside. the accounts corrected proper cedit given collections from Sale Bill charged against Samuel + John accourding to the amounts each collec- ted and not against John alone. and that all errors apparent on the record or which may by proper evidence be shown to the Court should be corrected Compainants pray that John Martin and Polly his wife Lavina Jane Hurt in her own right and as Admnex of Ira M Hurt dec'd Stephen P Saunders + Olivia his wife John Jones and Margaret F E his wife Robert L Willis + Sarah K his wife Mary Helms Thomas H Prilliman in his own right and as Admnr of Sally Prilliman dec'd Eliz- abeth Prilliman George Prilliman Crockett Prilliman James Prilliman John Tuggle + Lucy M his wife Tyler M Thomas and Malinda his wife Phillip Prilliman + Elizabeth his wife. Stokley Dyer + Eliza his wife. Samuel J Prilla- man + Ruth his wife. James W Crockett + Ellen his wife Raleigh W Dyer and Mary Ann his wife Jacob Sowder + Malinda his wife Jacob P Helms Thomas F Helms James W Helm Fleming Prilliman as Admin of Fleming Helms dec'd Stephen B Willis in his own right and as Admns of Samuel Helms dec'd - Sarah Willis his wife Henrietta Willis Thomas C Greer husband of said infant daughter of said Stephen B Sarah Willis. George M Helms in his own right and as Admns of Olivia Helms dec'd Daniel P Helms in his own right and as Admns of Samuel Helms Senr dec'd. the Admns de bonis non with will annexed of Thomas Helms when one is James C Carper receiver appointed. may be made parties defendant + requir- ed to answer this Bill + Petition on oath that as guardian and ________ be appointed for the infant defendant. that the errors hereinbefore set forth and all others which may appear either on this record or from proper evidence be connected that the decrees heretofore entered by renewed and set aside and proper decrees entered instead thereof and that all such other further and general relief be granted as to equity seems meet and in duty bound they will ever pray - J. L. Tompkins } } P.Q. Taylor + Phlegar } Information From: Orginial summons for above suit THE COMMONWEALTH OF VIRGINIA To the Sheriff of Franklin County, Greeting. We command you to summon John Martin and Polly his wife, Levenia J. Hurt in her own right and as administratrix of Ira M. Hurt, dec'd, Stephen P. Saunders and Olivia his wife, John Jones and Margaret F. E. his wife, Robert L. Willis and Sarah K. his wife, Mary Helms, Thomas H. Prilliman, in his won right and as administrator of Sally Prilliman, dec'd, Elizabeth Prilliman, wife of T. H. Prilliman, George M. Prilliman, Crockett Prilliman, James Prilliman, John Tuggle and Lucy M. his wife, Tyler M. Thomas and Malinda his wife, Philip Prilliman and Elizabeth his wife, Starkless Dyer and Eliza his wife, Samuel J. Prilliman and Ruth his wife, James W. Crockett and Ellen his wife, Raleigh W. Dyer and Mary Ann his wife, Jacob Sowder and Malinda his wife, Jacob P. Helms, Thomas F. Helms, James W. Helms, Fleming Prilliman administrator of Fleming Helms, dec'd, Stephen B. Willis, in his own right and as administrator of Samuel J. Helms, dec'd, Sarah Willis, wife of S. B. Willis, Thomas C. Greer and Henrietta his wife, last named as infant under 21 years of age, George M. Helms, in his own right and as administrator of Olive J. Helms, dec'd, Daniel P. Helms, in his own right and as administrator of Samuel S. Helms, dec'd, the administrator de bonis non with the will annexed of Thomas Helms, when one is appointed, and James C. Carper, receiver, to appear at Rules to be held in the Clerk's Office of the Circuit Court of Floyd county, on the first Monday in October next, to answer cross bill, petition for review and rehearing exhibited against them by Wm. B. Shelor and Samuel Strickler, in their own right and as administrators of John Helms, dec'd, Elizabeth, wife of said William B. Shelor, and Nancy A., wife of said Samuel Strickler. And have then there this writ.- Witness, B. P. ELLIOTT, Clerk of our said Court, at the Court House, on the 25 day of August, 1881, in the 106 year of the Commonwealth. Teste, (signed) B.P.Elliott Clerk Information From: Floyd Reporter (newspaper) clipping included in papers on suit Dated: 24 September 1881 Virginia: - In Circuit Court of Floyd County, in Clerk's Offices of Said Court; August 25, 1881. Wm. B. Shelor and Samuel Strickler, in their own right, and as administrators of John Helms, dec'd, Elizabeth, wife of said Wm. B. Shelor, and Nancy A., wife of said Samuel Strickler, plaintiffs, vs. John Martin and Polly his wife, John Jones and Margaret F. E., his wife, Stephen P. Saunders and Olivia his wife, Jacob P. Helms, et als., defendants, Cross bill, petition for review and rehearing In chancery. This day came complainants and filed their bill and sued out process thereon, the object, of which is to reverse and annul a decree of the Circuit Court of Franklin county, rendered in suit of John Martin & als. vs. Wm. B. Shelor & als., at May term, 1880, as to John Helms' estate, and have a correct settlement of the accounts of Thomas Helms' executors. And it appearing from affidavit filed that defendants John Jones and Margaret F. E. his wife, Stephen P. Saunders and Olivia his wife, and Jacob P. Helms, are non-residents of Virginia, it is ordered that they appear here within one month after due publication of this order and plead, answer or demur to the bill, petition for review and rehearing filed in this suit, or the same will be taken for confessed. A copy - teste, B. P. ELLIOTT, Clk. Taylor & Phlegar } J. L. Tompkins, } p.q. sept2-34-4t This clipping was attached to the following bill: Advertising Rates in the Floyd Reporter. One Square - ten lines or less - 1st insertion $1 00 For each additional insertion 50 (For fees, see Acts 1874-5, page 389 VIRGINIA: - FLOYD COUNTY, TO WIT: I, JOHN SOWER, Proprietor of the FLOYD REPORT- ER, a newspaper published at Floyd Court House, Va., do hereby certify that the annexed advertisement has been published in said paper four successive weeks, according to law. Given under my hand, this 24th day of September 1881 (signed) John Sower Fee $10.00 Information From: Floyd County, Virginia Courthouse The answer of Henrietta Greer wife of T. G. Greer. Guardian ad litem, to a bill of complaint exhibited against her & others in Circuit Court of Floyd county, by Wm. B. Shelor & Saml Strickler Administrators of John Helms dec &c on Cross Bill petition for review & rehearing your respondent after the usual reservation of right for answer to so much of said bill as She advised is material, answer and say, that She is an infant under twenty-one years of age and on account of her tender years, ignorant of her rights, her interest, and her privileges, and She throws herself upon the protection of the Honorable Court; and now having answered She beg leave to be herein dismissed with her costs, &c. (signed) Henrietta Greer B. P. Elliott by G. A. L. Sworn to before me Oct. 6th 1881 J L Tompkins P.Q. Information From: Letter included in suit papers May 8th 1880 Racine Newton Co Mo Mr Shelor Dear Sir Your to honor which I hasten to answer in regard to the corn I bot at Mr Helms Sale I bot it for John A Smith the sale was at Hairston old place on black Water Mr Smith got me to go and buy the corn for him as he could not go him Self I think I told the clerk that they to charge the corn to John A Smith. Jefferson Wade contributed by bjbrke@worldnet.att.net **************************************************************** USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. 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