Robertson v. Gillenwaters

Citations

• 85 Va. 116
• 7 S.E. 371
• 1888 Va. LEXIS 17

Syllabus

<p>1. Personal Representatives—Suits for settlement—Parties.—Next of kin may maintain bill to settle decedent’s estate, but can have no decree for distribution, unless his personal representative be a party. Hansford v. Elliott, 9 Leigh, 79. .</p> <p>2. Fiduciaries—Sureties—Statute of Limitations.—Action against sureties on fiduciary’s bond may be brought within ten years after accrual of right of action ; that is, from return day of execution against fiduciary, or from time of right to require payment or delivery from fiduciary under order of a court acting upon his accounts. McCormick v. Wright, 79 Va. 524.</p> <p>3. Idem—Commissions—Case at bar.—Sec. 8, ch. 132, Code 1860, provided that fiduciary, failing to lay before a commissioner a statement of his receipts for any year, for six months after its expiration, shall have no compensation for his services for that year. And act of 1866-’7, ch. 279, p. 704, being prospective, has no application to the case at bar. Crigler v. Alexander, 33 Gratt. 652.</p> <p>4. Personal Representatives—Suits to settle—Decrees.—When persona' representative is party to such suit, and objects not to decree directing direct payment to distributee, and the existence of no debts is suggested, there can be no valid objection to such decree.</p> <p>5. Idem—Costs recovered—Debit—Case at bar.—When administrators—one an eminent lawyer charging an inadequate fee—after thirty years’ litigation, conducted chiefly at their own expense, recovered a large sum of money and costs, they should not be debited with the amount of the costs so recovered.</p>