Hurt v. West's Adm'r

Citations

• 87 Va. 78
• 12 S.E. 141
• 1890 Va. LEXIS 94

Syllabus

<p>1. Personal Representatives—Settlements.—Surcharge and falsification.—Doctrine of surcharge and falsification applies only to settlements of the accounts of fiduciaries made by a commissioner of accounts or a master commissioner, to which all the persons interested are made parties by due notice.</p> <p>2. Idem—Res judicata—Case at bar.—In a creditor’s suit against administrator, to which distributees are not parties, a master stated and reported an account of the sums collected by administrator, which report was confirmed. Later, distributee filed a bill against administrator and his sureties for an account of sums previously collected by him and for payment of the whole: held, the former report did not preclude account of the sums last aforesaid, especially where (as in this case) the sums collected, and the dates when, and persons from whom, they were collected, are specified in the bill.</p> <p>3. Idem—Laches—Case at bar.—Decedent died in 1868; proceedings in the creditor’s suit terminated in 1879 ; sole distributee died shortly after, leaving his wife, an aged lady, his executrix, dying in 1885, when the administrator d. b. n. c. t. a. filed his bill. Held: No laches.</p>