Trevelyan's Adm'r v. Lofft

Citations

• 83 Va. 141
• 1 S.E. 901
• 1887 Va. LEXIS 47

Syllabus

<p>1. Chancery Practice-Settlements-Agency-Administration.-In suit against administrator, who had been decedent’s agent, distributees’ demand that he settle his agency accounts at the settlement of his administration accounts, is reasonable and agreeable to the practice in this State. Carter v. Cutting, 5 Munf. 223.</p> <p>2. Idem- Continuance-Case at bar.-Question of continuing a cause is always within the sound discretion of the court under the circumstances. In this case the denial was proper.</p> <p>•3. Idem-Decrees-Rehearing-Review.-Petition is the appropriate mode of applying for a rehearing of interlocutory decrees, and bill of review of final decrees. And the evidence sought to be introduced must be shown by affidavit to be not only new, but discovered after decree, and not discoverable by due diligence before decree, and not merely cumulative, but. such as should produce a different decree.</p> <p>4. Idem-Depositions-Reasonable notice-Case at bar.-Under Code 1873, ch. 172, $ 36, the notice in the case here was reasonable and sufficient, both as respects time and mode of service.</p> <p>5. Idem-Personal representatives-Commissions-Case at bar.-Where these fiduciaries fail to lay before commissioner statement of receipts for any year, for six months after its expiration, there was, previous to act of March 1, 1867, an absolute forfeiture of commissions. Since then, their allowance, in such case, is a question of reasonable discretion with the court. In the case at bar, refusal to allow commissions was proper. Brent v. Clevenger, 78 Va. 12.</p> <p>6. Idem-Sale of-assets-Case at bar.-Generally, it is administrator’s duty to collect, not to sell, debts due the estate. But circumstances, such as the case at bar, may justify him, acting in good faith and with ordinary prudence, in making sale thereof.</p>