Avey v. Stearman

Opinion op the Court by

Judge Lassing

Affirming.

*575This was a suit in the circuit court to surcharge a settlement made by M. E. Stearman, administratrix of the estate of her husband, in the Carlisle County Court. T. J. Wilson was made a party to the litigation and was called upon in the suit to refund the sum of $227.20, which, it was alleged, had been erroneously paid to him by the administratrix. In this suit an effort is made to require the administratrix to pay back a small sum alledged to have been paid to her in excess of the commissions which she might lawfully receive; and the further sum…