Radford v. Fowlkes

Citations

• 85 Va. 820
• 8 S.E. 817
• 1889 Va. LEXIS 94

Syllabus

<p>1. —Chancery Practice—Fiduciaries—Masters—Settlements—Ex parte— Inter partis—Effect.—The ex parte settlement by a master commissioner of the accounts of a fiduciary, shall be taken to be correct, except so far as the same may in a suit in proper time be surcharged and falsified (Code 1873, ch. 128, \\ 29); and the. onus is on plaintiff to show that it is not correct. And when such settlement is made in a suit inter partis, and is duly returned and confirmed, it cannot be disturbed except for errors apparent on its face or for after-discovered facts.</p> <p>2. Idem—Bill to surcharge and falsify—Fiduciary’s answer.—Bill to surcharge and falsify such settlement must particularize errors; if answer of fiduciary discloses nothing improper, and there be no proof of the specifications, the bill must be dismissed.</p> <p>3. Personal Representatives—Heirs—Estoppel.—If an heir, in consideration of concessions made him by the other heirs and administratrix, agree not to object to payment by her of just claims presented by another heir, though barred by the statute of limitations, he will be es-topped from excepting to her account on the ground that she improperly paid them.</p> <p>4. Idem—Credit—Statute of limitations.—Cote 1873, ch. 128, ? 7, provides that administrator shall have no credit for a claim which he pays, knowing the facts whereby recovery could be prevented, does not require him to plead the statute of limitations to a claim apparently barred, where he knows facts making the statute inapplicable.</p> <p>5. Accounts Current—Accounts stated—Statute of limitations.—Where before the bar of the statute of limitations has attached to accounts current, they are presented to debtor, and are converted into an account stated, the statute of limitations begins to run against them only from the date of such conversion.</p> <p>6. Chancery Practice—Depositions—Whe?i read—Case at bar.—Where a cause has been submitted for hearing, in vacation, at a day not later than a specif