Green's Adm'r v. Thompson

Citations

• 84 Va. 376
• 5 S.E. 507
• 1888 Va. LEXIS 89

Syllabus

<p>1. Personal Representatives—Application of payments.—Where same person is representative of both debtor and creditor estate, he may out of funds in his hands belonging to former estate pay a debt due him as representative of latter estate. Caskie v. Harrison, 76 Va., 85.</p> <p>2. Idem—Mobility—Slaves—Emancipation.—Where other personal assets besides slaves, existed largely in excess of the debts, administrator was not at liberty, under Code 1849, ch. 130, § 17, to sell the slaves, and hence not liable for their loss by emancipation.</p> <p>3. Idem—Accounts—Surcharge and falsification.—Ex parte settlements of administration accounts returned, approved, and recorded, are deemed prima facie correct, and a bill to surcharge and falsify must specify wherein they are erroneous, and the specifications must be sustained by evidence. Newton v. Poole, 12 Leigh, 112; Corbin v. Hills, 19 Gratt., 438. A fortiori, when an injunction is awarded that interferes with the administration of the deceased administrator’s estate.</p> <p>4. Idem—Separate distributee accounts.—Where the accounts intelligibly show what administrator received, what he paid out, and when and to whom he paid it, objection that separate distributee accounts are not stated, has no force.</p> <p>5. Idem—Lapse of time—Knowledge of heirs—Case at bar.—Bill to surcharge and falsify ex parte settlements, is filed twenty-five years after death of administrator whose acts are complained of, but whereof the heirs were cognizant, and seventeen years after his accounts were closed by subsequent administrators:</p> <p>Held :</p> <p>The lapse of time should be treated as a bar to the suit.</p> <p>6,. Idem—Appraisement and inventory.—Where neither first administrator, (plaintiff’s father) nor his successors had filed appraisement or inventory:</p> <p>Held :</p> <p>If loss resulted thereby to the estate, it furnished of itself no ground for relief against the subsequent administrators.</p>