Preston and Others v. George W. Coons, Administrator of the Estate of Milton Duty, et al.
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Your orators and oratrices are informed and believe
that their said testator left some personal property in
the state of MississippiMississippi, which came into the hands of
the said HenryHenry Fernandis administrator as aforesaid
but to what amount they cannot tell, as the said Fernandis
has departed this life without as they are
aware of having made any settlement of his administration
account. Admitting the judgment, the claims
allowed, and those about to be presented for allowance
to be just, (which is by no means the case) after
the hires of your orators and oratrices, cash on hand
at death of testator and sales of personal estates, there
will be a balance of $2775.41, against the estate
of this testator. But if the amount of notes in hands
of administrator could have been collected and might now,
he is properly chargeable with the amount, and if the debt
of the said DavidDavid Coons CoonsDavid Coons was fully paid off in the life time
of the testator as is believed the balance in favour of the estate
of this testator will be about $8.319.12 1/2.

Notwithstanding, (according to the next aspect of the
case) the balance is only $2775.41, and could be paid
off in a short time by the hire of your orators and
oratrices, the said George WGeorge W Coons . CoonsGeorge W Coons administrator as
aforesaid has obtained an order from the Probate
court of St. LouisSt Louiscounty to sell all of your orators
and oratrices, except, Preston, Braxton and MaryMary
as slaves for life, on tuesday next the 12th of
October Instant, which will more fully appear by
reference to a certified copy of said order and the
advertiement of sale here present marked E
and F and prayed to be taken and considered a part of
this bill. They are advised and therefore insist that all
the assets arising from the notes in the hands of the adminis

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trator or his inventory and the personal property in the state of MississippiMississippi
and elsewhere,, should all be exhausted before your orators
and oratrices can be sold or their services legally
required for the purpose of paying off the debts of this
testator. All which actings and doings are contrary to equity
and good conscience and tend to the manifestinjury and
oppression of your orators and oratrices: In tender conideration
whereof and for as much as your orators
and oratrices are at and can only
be in a court of equity where such matters
are properly and precisely organizable to the end
therefore that justice may be done and their rights
in the premises be protected they pray that the said
George WGeorge W Coons . CoonsGeorge W Coons administrator of MiltonMilton Duty deceased,
the legal representation of HenryHenry Fernandis, deceased
late administrator of MiltonMilton Duty deceased in this
state of MississippiMississippi, when his name is as certained, Joel
L. Anderson one of the under the will of the
said MiltonMilton Duty said - DavidDavid Coons CoonsDavid Coons ,, James WaltonJames Walton
HenryHenry Von Phul, and L. McGill &. Mc Gill under the name and
style of Von Phul & Mc Gill, E. B. , Robert
Strut, M. W. , J L. Craft, English
, John . , DavidDavid Gentry GentryDavid Gentry , John Jones
James AJames A . ShirleyHenryHenry Choutreau surviving partner of
& Choutreau, James BJames B . Prather, Louis A,
, the President Directors and Company of
the Planters Bank of Mississippi;, Robert Strong,
Haywood Boyette,, John and WilliamWilliam Henderson under
name and style of John Henderson Co and


auditors whose
names are unknown to your orators and oratrices, when
discerned may be made defendants to this their bill
of complaint and compelled on oath to answer the