Evans v. Shroyer

Citations

• 22 W. Va. 581
• 1883 W. Va. LEXIS 84

Syllabus

<p>1. An administrator ought not to be chai'ged with debts due to an estate, until he has actually collected such debts, or until they are lost by his negligence or improper conduct, tp.583.)</p> <p>2. Where an exception is not taken in the court below to a commissioner’s report, and the matter objected to might be affected by extrinsic evidence, the Appellate Court will not consider such objection^ (p. 383.)</p> <p>3. Where a commissioner’s report charges an administrator “To note of A., dated -, §-, interest thereon $-,” and the decree declares that the balance found by the commissioner “is in the administrator’s hands,” and the report is not excepted to in the court below, and the objection is made in the Appellate Court, that the said charge in the commissioner's report was illegal, as it is a matter that might be affected by extrinsic evidence, the Appellate Court will not consider such objection. ' ’ ip; 584.) ■</p>