Wyllie v. Venable's
Supreme Court of Virginia
THIS was a suit in the Superior Court of Chancery for * * the Richmond district, brought by Wyllie and wife against Nathaniel Venable, executor of Abraham Venable, of BuckIngham county, deceased, and others, legatees of said de- , cedent.
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THIS was a suit in the Superior Court of Chancery for * * the Richmond district, brought by Wyllie and wife against Nathaniel Venable, executor of Abraham Venable, of BuckIngham county, deceased, and others, legatees of said de- , cedent. The object of the bill was to surcharge and falsify an ac-J ° 4 count of the administration of the said executor, which had been examined by commissioners appointed by the District Court of Prince Edward, (in which the will was proved, and the executor qul .fled,) by them returned to that court as correctly stated, (snewing a balance due the executor of 59L…
1Opinion of the Court
Judge Brooke
pronounced the court’s Opinion.
The object, of the bill in this case is to surcharge and falsify the account of an executor, settled by commissioners _ J appointed by the court, before which the will had been proved. As that account was prima facie evidence of its correctness ; as the answer disclosed nothing improper in it; and as the complainant exhibited no evidence whatever to that effect, but had the cause set down himself for hearing, which was heard on the merits ; the court is of opinion that it was not incumbent on the chancellor to have referred the account; and that he…
2Cited by7 opinions
- Seabright v. SeabrightWest Virginia Supreme Court · 1886
- Radford v. FowlkesSupreme Court of Virginia · 1889
- Leavell v. Smith'sSupreme Court of Virginia · 1901
- Peale v. HickleSupreme Court of Virginia · 1852
- Peale v. HickleSupreme Court of Virginia · 1852
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