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Executor of Samuel M Dold v. Devisee(s) of Samuel M Dold, 1912-00

Privacy Level: Open (White)
Date: 9 Feb 1883 to 10 Sep 1912
Location: Rockbridge County, Virginia, USAmap
Surnames/tags: Dold Rockbridge
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Rockbridge County (Va.) Chancery Causes, 1753-1912. Executor of Samuel M Dold v. Devisee(s) of Samuel M Dold, 1912-00. Local Government Records Collection, Rockbridge County Court Records. The Library of Virginia, Richmond, Virginia. Index entry and scanned pleadings available at http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=163-1912-001 (1386 pages)

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[[Space:Estate_of_Samuel_Miller_Dold_dec_1883 | Estate of Samuel Miller Dold]], Rockbridge County, Virginia, 1883-1912.

Subject of the Case

This case was about the administration and disposition of the "large" estate of Samuel Miller Dold of Lexington, Virginia. His children, grandchildren, and heirs are named in the pleadings.

Parties in Interest

Samuel Miller Dold (1798-1883), decedent and testator
Calvin Morgan Dold (1843-1893), son of decedent
Dr. William Elliott Dold (1856-1942), grandson of decedent
Mary Jane Spencer (1823-1897), daughter of decedent

Document Transcriptions

Some documents and pleadings in this case were handwritten. Transcriptions are offered here to make the content more easily accessible.

Bill and Exhibits (1883)

To the Hon William McLaughlin Judge of the Circuit Court of Rockbridge County.

Humbly complaining showeth unto your Honor your Orator Calvin M. Dold who sues in his own right and as Exer of Samuel M. Dold dec'd that Samuel M. Dold having first made + published his last will and testament departed this life Feby 1883. By his will he disposes of a large estate, both real and personal. A copy of said will is herewith exhibited marked A. No appraisement of the estate has yet been made, but will be in a short time, when a copy of the report of the appraisers will be filed with the papers in this cause.

The said will was duly proven in the Circuit Court of this County, and your Orator being the Executor named therein, qualified as such.

This bill is filed to obtain a construction of the said will and the aid and direction of the Court in the settlement of the estate.

Your Orator calls the attention of your Honor to the 4th clause of said will. Is your Orator prohibited from selling the house + lot therein mentioned until the youngest child of Mrs. S. C. Dold becomes of age, or is he invested with authority to sell when he considers the circumstances of the family may require a sale, + restricted only as to the distribution of the proceeds of sale, until the youngest child becomes of age? In the clause giving certain legacies to minors, the testator says "Note. The foregoing bequests made to minors are to expended in their education or paid over at maturity." Does the testator vest this discretion in the Executor, or in the guardians of the minors? And can the Executor pay over these "bequests" to the guardians of the minors? What does the testator mean by saying, in "paid at maturity."? The special attention of your Honor is called to the clause disposing of the residuum of the estate. Do the grand children take per stirpes, or do the children of grand children living take per capita?

Your Orator is advised that a Court of Equity will construe the said will and will aid and direct him in the administration of the estate.

Your Orator states further that Mrs Elizabeth M. Brown has died since the death of his testator, leaving a will a copy of which is herewith filed marked Ex B. she left one daughter as her heir at law.

In tender consideration of the promises your Orator prays that Thomas J. Spencer + Mary J. his wife, Jno W. Fairs + Belle his wife, Henry V. Spencer, Thomas Spencer Geo. P. Terrell + Sarah B. his wife, Frank H Terrell, Geo M. Terrell, Wm H. Terrell, Samuel M. Terrell, Wm Duncan + Elizabeth his wife M. L. Terrell + Unna C. Terrell S. P. Withers + Elizabeth D. his wife, C. A. Weller + A. B. his wife, Savellette P. Peirce Wm L Pierce, Laura McD. Pierce Walter M. Peirce + E. H. Peirce. Wm H. Sands + Fannie his wife, E. P. Dold, Geo. A. Dold, Mary. W. Dold, Mrs. S. C. Dold W. E. Dold, Andrew J. Dold, Jesse Brent Dold, + Bessie Dold, David Graham + Mary McD. his wife + [...] Exer of Mrs Elizabeth M. Brown dec'd, Henry O. Dold, Graham Dold, Newman Dold and Samuel M. Dold (all of whom are the children or grand children of S. M. Dold dec'd together with the husbands of such of the females as have married) may be made parties defendant to this suit and required to answer this bill on oath as fully as if the several allegations thereof were here again repeated and they specially interrogated as to each; that the said will may be inspected + construed by the Court in all of its parts; that your Orator may have the aid and direction of the Court in the administration of the estate of his testator, that guardians ad litem may be appointed for the infant defendants Samuel M. Terrell Savellette P. Peirce, Wm L. Pierce Laura McD. Pierce, Walter M. Pierce, E. H. Pierce, Andrew J. Dold, Jesse Brent Dold, + Bessie Dold, Henry O. Dold, Graham Dold, Newman Dold + Samuel Miller Dold, to defend their interests in this suit; that all proper and necessary accounts may be taken + decrees entered, + that such other, further, + general relief may be granted Your Orator as the nature of this case may require as to Equity may seem proper + he will ever pray [...]

C. M. Dold in his own right + as Exer of S. M. Dold dec'd by Counsel

Answer 1884

(partial transcript)

(page 17 of 1386) Respondent therefore insists that Complainant is prohibited from selling said property [...] youngest child of said Mrs. S. C. Dold becomes 21 years old without the consent of said Mrs S. C. Dold...


2 Final Decree entered 19 June 1912
4 Bill of Pleading and Exhibits 1883
9 Will of Elizabeth M Brown 28 August 1883
13 Answer of Dr. W. E. Dold 8 March 1884
20 Answer of Infants 1883
22 Leave Granted to W. E. Dold and Mrs. S. C. Dold to file answers 8 March 1884
24 Decree Confirming 28th Report + Retiring Cause 10 September 1912
29 Decree Confirming 27th Report 2 May 1910
31 Decrees Confirming 23rd-26th Reports 3 October 1902-23 February 1905
41 Decrees Confirming Reports 15 September 1899-20 September 1902
51 Decree for Distributions to N. L. Dold to be paid to Agner & Durrett, W.M. Pierce, and Mrs. Emma G. Dold 10 March 1898-20 March 1899
64 Petition re sale of land 12 March 1897
68 Decrees Confirming Reports 12 September 1895-3 September 1896
72 Petition re sale of land 19 March 1895
76 Decree Confirming 13th Report 16 March 1895
78 Distribution to Geo. M. Terrell and other devisees 7 March 1889
80 Petition of Jesse Brent Dold for distribution for education 21 Sept 1888
82 Decree Confirming Report 10 March 1887
84 Decision and Order 18 March 1884
87 Mrs. S.C. Dold granted leave to answer in C.M. Dold vs. T.J. Spencer October 1883
89 Offer of Benj. F. Miller for Shewey property 4 Jan 1895
91 Offer of Geo. M. Vess for 13 acres 27 July 1894
93 Petitions of Commissioners and Decrees re Miller and Vess offers 10 September 1894-14 March 1895
103 Decree Confirming Report 1 September 1894
105 Decree upon death of C.M. Dold: appointment of Commissioners 12 March 1894
108-160 Not yet indexed
161 Petition of Mrs. Emma G. Dold re N. L. Dold distributions undated
164 Petition of Andrew J. Dold for payment of legacy 8 September 1887
166 Petition of Jesse Brent Dold for payment of legacy undated
168 Not yet indexed
178 Correspondence re: the right names of legatees Thomas Spencer and John B Faris 8 August 1883
183 Summons to Mrs. Emma G. Dold 27 October 1904
185 Matheny v Suddarth, Lynchburg 1855
189 Summons to Geo. P. Terrill and family 31 July 1883
191 Summons to Weller & Pierce families 31 July 1883
193 Summons to Legatees 27 July 1883
196 Summons of Witnesses for Geo. M Vess 7 November 1894
198 Summons to S. P. Williams and wife 27 July 1883
200 Memorandum of Witnesses for Geo. M Vess undated
202 Assignment of interest in estate from Geo. A Dold to Mrs. M. C. Dold 26 February 1885
202 Assignment of interest from Jesse B. Dold to James L. Eames 3 May 1898
208 Advertisement of Sale Mechanicsville Property 7 July 1894
211 Sale of interest from Vess to Monroe 19 March 1894
212 Not yet indexed
301 5th Report by Commissioner Edmondson; includes list of living distributees and their place of residence Jan 1887 28 February 1887
308 6th Report by Commissioner Edmondson 1 March 1889
309 Not yet indexed
353 File Folder : Dold's Executor vs. Dold's Devisees, Rockbridge Co 1912-001 1912
354 Not yet indexed
418 Order for "transactions, receipts and disbursements" to be shown 6 March 1909
420 Not yet indexed
421 Accounting of Income and Costs of Said Estate 31 December 1909
428 Personal Assets of the Estate (i.e., bonds of debtors) 31 December 1909
432 Cover Page: Dold's Ex'or vs Dold's Devisees, Claims filed with Comm'r undated
434 Cover Page: S. M. Dold: Fund in Dold v. Shewey Undated
435 Not yet indexed
478 Receipt for Funeral Carriages 12 February 1883
479 Not yet indexed
505 A list of the descendants of Samuel M. Dold, dec'd 20 December 1883
507 Not yet indexed
515 (misplaced document?) Bond of James and Temperance W Matheny and Thomas M. Perry of Rockbridge County for $1000 as security against their "taking away or disposing of a negro slave girl Maria" from Richard P. Suddarth while they "keep said slave Maria in their possession" 18 October 1851

Descendants Chart

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