Carter v. Edmonds

Citations

• 80 Va. 58
• 1885 Va. LEXIS 40

Syllabus

<p>1. FrnUcIARIES-Lzmo/jc's commillee -Ez-pai-/e sell/ernen~s.-A confirmed report of an ex-jiczrle settlement of a fiduciary's accounts isftrimafaci~ correct, and can be surcharged or falsified only by suit for the purpose within proper time. Code 1873 chapter 128, section 2~); New/on v. Poole, 12 Leigh, 112; Leake v. Leake, 75 Va. 7~)2. This is equally tru~ quoad such settlements of the accounts of the committee of a lunatic~</p> <p>2. COMMITTEE OF LUNATIc -Ex.~arte settlei,, e~zt-Aiziecede~it debf-S1ai~-uz'e of/imitaiions.-It is proper for such committee to include, in his ex-parle settlement of accounts as such, a debt due from the lunatic's estate to such committee before his appointment. Such, in fact, is his only remedy, as he could sue neither himself nor his predecessor. After cunfirmation of the report of the settlement, such debt would, like any other item of the account, be beyond the operation of the statute of limitations.</p> <p>3. IDa~r- Witnesses- Comftetency.-The committee of a lunatic is corn - petent to testify as to a contract made by him with a former committee of the same lunatic concerding the latter's affairs.</p> <p>4. lDEM-Re-exarninatio~ of witnesses-It is a general rule that a deposition once taken, cannot be re-taken without the leave of the court, which will always be granted whenever justice seems to require it. v. it!. & ilL, 17 Gratt. 1SS.</p> <p>5. LUNATICS-Real estate,-Code 1873, chapter 82, sections 49, 50, and 51, relating to sale, &c., of lunatics' real estate to pay his debts and main~ tam hirrfse!f and family, does not apply to a case where after death of ~he lunatic it is sought to subject his real estate to the payment of his debts.</p>