Window v. Stewart

Brannon, Judge:

TMs is an appeal from a decree in a chancery suit by Ingaby M. Windon against William A. Stewart to surcharge and falsify ex -parte settlements made by Stewart as guardian of Ingaby M. Windon, nee Stewart, in which those settlements were reviewed, and a liability larger than that shown by them imposed on the guardian, and he appeals.

The first assignment of error is that the order of reference to a commissioner was improper when made, because at that time prima facie evidence to impugn the former settlements had not been adduced. In the first place, the last or final ex p.arte…