Gibboney's Ex'x v. Kent

Citations

• 82 Va. 383
• 4 S.E. 610
• 1886 Va. LEXIS 47

Syllabus

<p>1. Laches and Lapse of Time.—It is an inherent doctrine of courts of equity to refuse relief where there have been gross laches in prosecuting rights, or long and unreasonable acquiescence in the assertion of adverse rights. This policy, founded on considerations of natural justice and public policy, is always firmly enforced, especially where the immediate parties to the transactions' are dead. Hatcher v. Hall, 77 Va. 573.</p> <p>2. Idem—Executorial transactions—Case at bar.—Where executor died in 1867, five years after full settlements with his testator’s heirs'1 and distributees, all of whom were then of- age, a bill filed by those parties, eighteen years after his first settlement and sixteen years after his final, full and recorded settlement, to surcharge and falsify his executorial transactions, will not be entertained.</p>