In re Estate of Byrne

Citations

• 3 Coffey 69

Syllabus

<p>Account.—Sections 1632 and 1633 of the Code of Civil Procedure, as to the settlement of accounts of administrators, do not apply to an exhibit filed pursuant to section 1622, but to an account filed under section 1628.</p> <p>Account.—An Order Settling an Annual Account is Final and Conclusive as to all parties in interest, subject only to appeal, and cannot, after the time for appeal has passed, be placed again in a position for appeal by motion to set it aside.</p> <p>Account—Setting Aside for Fraud.—Allegations of fraud give the superior court, sitting in probate, no jurisdiction to vacate an order settling an account on motion, but such charges of fraud are the subject of an independent proceeding in equity.</p>