Buchanan v. Grimes

Citations

• 52 Miss. 82

Syllabus

<p>GtjakdiajST: Final Account.</p> <p>G., guardian of Mrs. B., filed his final account, to which Mrs. B. and husband urged some objections, and, at the April term, 1873, G. obtained an order to ‘•'withdraw his final account” and “filean amended final account.” No steps were taken until January term, 1874, when the final account first filed was materially altered, and decree rendered allowing the account and discharging the guardian without further notice to the ward. Held, that the alteration of the account at the third term of the court, without any notice of it to the ward, operated a surprise to her, and entitles her to have the decree of allowance vacated, and that, although this proceeding is called a petition, it is in fact in the nature of a bill of review, and should be so treated.</p>