Referred to me to take account. This cause having been referred to me to take an account and report the facts. -- and after examining the exhibits and proofs submitted, do respectfully make the following report.
1st - Nathan Hainline, the Father of the present plaintiff (pleff) died intestate in the year 1813, leaving his wife, two daughters & the pleff, Nathan and that the two daughters died shortly after their Father.
2nd - The said Thomas Haineline entered as Administrator on the estate of Nathan Hainline decs, and as appears ? Inventory bearing dated Nov. 30, 1813 Took into his hands of the goods and chattels of the said Nathan Hainline decs the further sum of $288.14-3.
3rd - It appears another Inventory filed in Rowan County August 1815 that the said Thomas Hainline received into his hand as Administrator of the estate of Nathan Hainline decs the further sum of $332.07 which sum was the distributive share of the said Nathan Hainline decd, then due from the estate of his Father, Jacob Hainline decs, and also that due from the estate of his brother in law Andrew Sheets decs.
4th - Thomas Hainline was the Surviving Executor of Jacob Hainline deceased.
5th - It appears settlement bearing date 1st July 1824 between Thomas Hainline Executor of Jacob Hainline decs (who was the father of Nathan Hainline decd) and Jno Clement and Thomas McNeely Commissioners, That there was at that time in the said Thomas Hainlines hand as Executor and due the estate of Nathan Hainline decs the sum of $580.60, his then distributive share of his Fathers estate coming from the Hire and sale of Negroes.
6th - It appears that Rebeca Hainline, daughter of Jacob Hainline decs and Sister of Nathan Hainline decd died.
7th - Thomas Hainline obtained Administrator on her estate.
8th - Nathan Hainline as one of the distribuers and heirs at law, was entitled to the one eleventh part of her estate on the 1 July 1824 amounting to the sum of $107.94 as appears from settlements then made with the other legatees by said Thomas Hainline, it being the amount They received as their share in said estate.
The following is a statement showing the amount that came into the hands of Thomas Hainline Admiter of Nathan Hainline decs, with the compound interest up to this time. Subject to be divided into whatever proportion the Honourable Court may think proper to give to the present pleff his Just Legacy.
Thomas Hainline Inv. of Nathan Hainline
The amount as of Inventory 1813 $577.43
do do do do 1815 322.074 Total 909.50
It appears by a settlement bearing date 26 March 1816 made by the said Thomas Hainline decd ??? by Markland, Berryman commissions, after allowing commissions and disbursement to the sum of $185.47
There remained in the hands of Thomas Haineline of the above sum of $909.50.
The sum of in 1816 $724.02
compound Interest on this sume from the date
of settlement is 22 years and 1 month to April 16, 1838. $1897.64
Perhaps it might not be improper to count Interest 1 year and longer as the sales were in 1813 and a presumption may arise whether they were not due in 1814 and then allowing 1 year thereafter to 1815 to collect, if the interest should not run from that date, it appears no interest were calculated in the settlement and the
Legacy was due in 1815,
which interest is here /// $157.29 $2778.95
Amount brought forward $2778.95
Amount coming from Jacob Hainline decs for the Hire of Negroes and Sales of do (same) as of settlement 1 July 1824 in which Interest seems to have been calculated to that of $580.60
compound Interest n which up to this time say 15 April 1838 is thirteen years, 9 months is $716.60 1297.20 $4076.15
If the mother of the present pleff is entitled $4076.15
to only 1/3 of this sum it would be $1358.70
which deducted would leave amount due the pleff; being 2/3 $2717.44
But if the Mother on her own account of that accrued interest on account of the two deceased daughters. That is if said decd children had a vested interest then she would be entitled to one half of this sum and Nathan Hainline the other half which would be an (?) $2038.00
Nathan portion, which Mother is respectfully submitted to the Honourable Court
Should it be determined that Nathan the present pleff is only entitled to one half, this, then of that amount is her share to which is to be deded (deducted?) the proportion coming from Rebeca Hainline estate his Aunt.
Being the following amount that comes or was in Thomas Hainline hand 1 July 1824 //// $107.94
???compound interest on that amount from the time the other legettes were paid off say
1 July 1824 up to this time say 16 April 1838 13 years 9 months $133.03 $2279.06
This is the amount due pleff if he is only entitled to
1/2 half of Jacob Hainline $2279.06
//Rebeca Hainline estate
If however he is entitled to two thirds of said estate and all of Rebeca or what is coming from her then the amount would be as follows 2/3 $2717.44
amount from Rebeca Haine estate 240.94 $2958.38
The foregoing exhibits the amount under the circumstances named that the Guardian of Nathan Hainline to pleff is chargeable. Subject to such deduction as the Honourable Court shall think proper for the legal disbursements they may have made.
9 the- It appears that Aquilla Cheshire became the Guardian of the pleff Nathan Hainline in 1815 or 1816.
19th - Thomas Haine became the Guardian of Nathan Hainline the pleff in 1832 or 1833.
The question whether A. Cheshire who was Guardian from 1815 to 1833 did and ought to have taken into his possession the entire amount due and coming to his ward is respectfully submitted, together with that whether Thomas Hainline who was a appointed some 2 or 3 years previous to his death, should not have had into his ------ the amount due the Ward.
It appears by a return made by A. Cheshire Guardian in 1817 Nov. Term to Rowan Court that he charged himself as receiving for his Ward the present pleff the sum of $386.67 which is in and about the one half that appeared in the hands of Thomas Hainline which of Nathan Hainline decs according to the returns as before ////// after deducting certain expenditures alleged to have been made to amount of $2.80 which will more fully appear by reference to said return.
In Febry Term, 1833 said Aquilla Cheshire filed a settlement in the Rowan Court as Guardian of Nathan Hainline the present pleff based on the foregoing return in 1817. in which he charges himself the said amount of $386.76 varying only a few cents. and gives himself credit for boarding and clothing said Nathan his Ward from 1817 to 1831 fourteen years and schooling between 7 and 8 years. Together with an amount paid for taxes and commissions to an amount sufficient to consume the receipts that came to hand except the sum of $75 17/4 which as of said settlement made tihe Joseph Hanes Esq and Henry Keller Esqr acting Justices and filed, deemed to, then remains in hand of said A. Cheshire Guardian in said settlements the lands were not rented from 1817 to 1831 for want of bidders.
All of which will more fully apper by reference to sais settlement. It is respectifully deducted how far said settlement should be taken to consume the estate of the said Ward, Nathan Hainline present pleff. It does not appear that any other return or settlement was ever made by said A. Cheshire during his Guardinship, and that during the Guardian ship of Thomas Haneline he made no return.
This commissioner in making out this report has not been furnished with any vouchers of Aquilla Cheshire for sums of money paid out by him on account of Tution and Taxes for the said Nathan Hainline, but is based solely on the settlement between Aquilla Cheshire Guardian of Nathan Hainline and Joseph Hanes and Henry Keller, Justices of the Peace.
All of which respectfully submitted.